Board of Trustees Report Trade Tech College March 24, 2010 Infrastructure Committee A formal policy on native plant landscaping was the first item of business. Bharat Patel presented a proposal that was well received, but trustees were surprised to learn that they didn't already have a formal policy already in place. What they definitely have had had is an informal policy, one articulated often at BOT meetings. College plans are currently in sync with the criteria Patel presented, but implementation has been uneven, since it's enforced just by "jawboning," as Larry Eisenberg put it. Nancy Pearlman said she would like to see a written policy soon. Green cleaning products and tools were the second topic. Willie Richmond, a long-time facilities director in the district, presented a wide range of new products as well as machines (the "gum wizard," for example!) that make cleaning more environmentally benign as well as much more effective. The committee will draft a general but nonprescriptive policy requiring the use of environmentally friendly products. Whole building commissioning was the final item. This had been discussed in a Committee of the Whole some months ago. Oddly enough, up until recently a building contractor on one of our projects did not necessarily inspect his project for operational soundness and repair any defects. Instead, problems were often discovered after the keys had been turned over and the contractor had left the scene. There was then a dispute as to who paid for the repairs, in addition to a frustrating first few months (or longer) for the occupants. A commissioner evaluated the building, but only for the electrical and mechanical systems. Now a wider range of systems are inspected and the commissioner is part of the construction team from the beginning. INICI, the firm recently given the contract to supervise whole building commissioning district-wide, described to the committee how it would monitor the process. Mona Field noted the savings that are expected from this greater degree of scrutiny, which, she argued, justified the expense of the commissioning itself. Finally, Lloyd Silverstein was introduced. He is the new director of BuildLACCD, replacing James Sohn who left last June. He has an impressive resume, having worked in construction management his entire career, with Parsons most recently. There he was responsible for all of their projects in the western United States. He is an architect by profession and has lived in Los Angeles for the last twenty years. Committee of the Whole The entire ninety-minute session was devoted to a discussion of the financing mechanism proposed for the Edison photovoltaic projects at East and Southwest. You’ll recall that the Board agreed in December to take out a $44 million bridge loan in order to try to obtain a power purchase agreement with Citibank for both these projects and two DWP projects at Pierce and Harbor. In January a surprising and favorable rule clarification from the INS made a "lease-purchase" agreement possible, which, for complicated reasons, is much more appealing to DWP. They have refused to agree to a PPA with us. Citibank has come up with a detailed proposal for the Edison projects, with a DWP agreement expected in a few weeks. James Angelica from First Southwest, our independent financial analysts, reviewed the details of the plan. It would provide 16% greater revenue than an outright purchase ($11.6 million, approximately, as compared to $10 million). The two college presidents present, Jack Daniels and Sue Carleo, were asked their opinion. Though Daniels hesitated at first, both eventually came out in favor of the lease arrangement, given the likelihood of additional revenue. When asked, I said the Energy Oversight Committee was also in favor, having heard the same presentation from First Southwest a few weeks ago. Board members seemed generally supportive, but Miguel Santiago continued to express skepticism. After a long discussion, they resolved just to keep the process moving forward, with a vote in support anticipated at some date in the near future. I pointed out to the Board that there was an apparent discrepancy between the leveraging possibilities of our Measure J energy fund that we have been promised and the rate promised with this particular deal. For over a year we have been told by Eisenberg that the $125 million set aside for energy projects can be leveraged (that is to say, used in PPA’s which take full advantage of tax credits, depreciations, et al) such that we will actually get $600-650 million worth of energy projects for our money. That would be a rate of return of 500% or more. However, the Edison proposal, which we have been told is typical of what we can expect, only generates an additional 16% increase in revenue. After I noted this gap, Kelly Candaele immediately stated that I had misunderstood what Eisenberg had proposed. Jeanette Gordon and Angelica reiterated, however, that the only savings with the Citibank proposal was the 16%, implying that I was right to point out the discrepancy (see comments below). Eliot Hines, our outside legal counsel, said that one lesson to draw from this situation is that we should do our financial planning first, before any construction is done, and not at the end of the process, after it's completed. There was broad agreement all around the table. Open Session A spirited welcome from Alison Reid, the past ASO president at Trade, to start the meeting! She and fellow students presented the Board and others with “cool swag,” as they say. Singled out for thanks were Gary Colombo and Kathleen Burke-Kelly, for their work on accreditation at Trade, and yours truly, for regularly attending the Student Affairs Committee meeting. Chip Chapdelaine praised and thanked his management team, all of the guilds, and various workers. Brad Vaden gave a presentation on the new First Year Experience program, which served 300 students in the fall. Ten cohorts were guided by team teachers (an instructor, a counselor, and a tutor), and video making was an integral part of the program. Significant student success improvement was claimed. Marcy Drummond reported on a visit to the campus by California Public Utilities Commission representatives. They were there to learn about Trade's energy efficiency training curriculum. Several public speakers followed: Victor Orellana complained about slow financial aid processing at Trade, and fellow student Camille Williams praised Vice President Ramon Castillo for organizing a town forum regarding the budget cuts. "No more cuts to student service programs," she insisted. Laurie Hunter, a veteran classified staff worker at Trade, complained about problems with the new buildings. Chapdelaine said that things were getting fixed as soon as possible. Three speakers about Mission were next. Eugene Hernandez complained that none of the four last administrators hired there have been Latin males, nor are any of them bilingual. He accused the ASO advisor of threatening two students, among other allegations, and asked that he be reassigned. Norma Ramirez, a frequent speaker at BOT meetings, complained about an administrator having a relative involved in the bond program (no other details were mentioned), and said things had moved backwards with Judith Valles as president. She also insisted that we should not have an "outsider" named as chancellor. Finally, student Cesar Valencia criticized Adriana Barrera, Mark Rocha, and Valles, but did compliment Ernie Moreno for "guts and integrity." City ASO Vice-President (and Student Trustee candidate) Linda Tong talked about the recent "March in March" in Sacramento. James Butler-Zetino, ASO President at City, mentioned the need to assist veterans returning to college. Georgia Mercer noted that LACCD is one of five districts in the state participating in a pilot program with enhanced services for veterans. The last three speakers were the usual triumvirate from the Van de Kamp Coalition, Laura Gutierrez, Micky Jackson, and Dan Wright. They delivered a blistering attack on the Board, focusing on the recent revelations that some bond-funded activities are illegal under Prop. 39. They derided the Board for not knowing this, with Wright saying they had been “treated like mushrooms: kept in the dark and fed manure" by Eisenberg and Camille Goulet. Gutierrez claimed that the improvements at Atwater for the charter school and the job training programs run by the Mayor's Office were illegal, as they fall under the category of "tenant improvements," which were listed last time as illegal. These total some $700,000, she claimed, with some of the work submitted after the last Board meeting. Wright accused the Board of "greenwashing as much as the mayor," blaming the older BOT members and Eisenberg and Goulet the most. No action was taken in Closed Session that had to be reported out. Committee reports were given (see above). Resolutions were passed in support of Young Child Month and the Day of Remembrance for the Armenian Genocide. Earth Day was also endorsed, with Pearlman noting that this is the 40th anniversary year. She added that one or two species were lost daily in 1970, but the figure has now risen to five to ten, while the human population has continued to grow at an alarming rate. Two classified staff were honored on their retirement. In her report, Chancellor Wieder noted that students from Pierce, Southwest, Valley and City were on the list of Phi Beta Kappa recipients recently released by the System Office. She also said a recent study showed that East, Trade, Valley, and Pierce were among the four fastest growing CC's in the state. In reviewing the Consent Calendar, Mercer inquired about our financial aid totals. I noted the recent study showing that our students are losing out on over $50 million in federal aid each year due to a failure to apply. I asked the Board to urge more action by administrators, faculty, and staff to boost our totals. Field asked me to draft a resolution for them. Two easements, one at Mission and the other at West, were passed. Comment It was a little odd to hear a detailed report on green cleaning products when there is a much larger cleaning issue that remains unsettled. That has to do with whether or not it is advisable to coat the outside of our buildings in a titanium dioxide (TiO2) compound. Some buildings at Harbor, Southwest, and Valley have already been treated. The coating is said to offer up to five years of protection from dirt and grime, but Don Gauthier has drawn attention to studies suggesting possible adverse health consequences. After lengthy discussions, the Bond Steering Committee and the Chancellor agreed that we should bring in an outside expert to advise us as to whether to proceed with TiO2 applications, and a UCLA professor in their Pathology Department has agreed to provide us with a recommendation. Our concern may well be for naught, but it’s prudent to check out these reports. The contract for TiO2 application was signed without any discussion in Bond Steering. Had there been proper consultation, the doubt and concern could have been dealt with before any building had been treated. I have no direct knowledge about Atwater, but district officials and Ken Sherwood insist that the coalition speakers are not speaking for the community but for themselves. For over a year now we have been told repeatedly by Eisenberg that we can earn a 500% return on our $125 million energy fund, if we leverage it wisely. Most of us on the Energy Oversight Committee have been suspicious of that from the beginning, as we were presented only with vague evidence that such a favorable return, or even anything close to it, was possible. We never saw figures for a particular proposal, as the banks pulled out. Now we finally have a specific proposal in hand, one that we're told will be representative of others. The payoff is not 500%, not 100%, but 16%. I'm not the only member of the committee wondering what to make of this. Jeanette Gordon, our CFO, Don Gauthier, Ernest Moreno, and the rest—we all have the same question. First Southwest, our trusted (because disinterested) advisers, do too. Eisenberg will be asked again to explain how he came by this claim at our next meeting. We need to get this clear once and for all, as he continues to use these figures in discussions with the Board and the Chancellor. There will be no Board meeting next week, but rather in two weeks--so it's a double vacation of sorts—Spring Break, and an extra week between reports! Enjoy your time off. David