Planning, Building and Grounds (CPB&G) Board of Trustees. csu ORIENTATION FOR MEMBERS OF THE COMMITTEE ON. The California State University

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1 csu The California State University Board of Trustees Board of Trustees Authority for Construction and Development ORIENTATION FOR MEMBERS OF THE COMMITTEE ON Campus Education Code Section Planning, Building and Grounds Trustees shall have full power and responsibility in the construction and development of any campus and any Note: Physical development of the campuses is based (CPB&G) buildings or other facilities or improvements connected upon the Board of Trustees annually approved academic master plans and enrollment projections devel- with CSU. oped by the State Department of Finance. BOT Committee on Campus Planning, Buildings and Grounds Rules of Procedure Article VI, Section 5(c): The Committee on Campus Planning, Buildings and Grounds is charged with the responsibility for the planning, development and construction of any California State University campus, and any buildings or other facilities, or improvement, connected with the California State University, and may make recommendations on these matters to the Board of Trustees. Committee Members: Kyriakos Tsakopoulos, Chair; Anthony M. Vitti, Vice Chair; Jeffrey L. Bleich; Moctesuma Esparza; George Gowgani; Raymond W. Holdsworth; Kathleen Kaiser; Shailesh Mehta 1962 Historical Milestone: Campus physical master plans coordinated systemwide by Board of Trustees. Architectural planning to emphasize educational functions of buildings, reasonable costs, and aesthetic considerations. 1

2 To the Members of the Board of Trustees Committee on Campus Planning, Buildings and Grounds: As you fulfill your extraordinary role in the oversight of the design and construction of CSU campuses, your contributions become a part of California s rich heritage. We hope this booklet helps to quickly familiarize you with trustees policies, the state budgeting process, and statutory mandates related to the CSU s physical development and vast infrastructure. Elvyra F. San Juan We Shape Our Buildings, and A f t e r wards Our Buildings Shape Us Winston S. Churchill, 1943

3 Board of Trustees Board of Trustees Authority for Construction and Development Education Code Section Trustees shall have full power and responsibility in the construction and development of any campus and any buildings or other facilities or improvements connected with the CSU. BOT Committee on Campus Planning, Buildings and Grounds Rules of Procedure Article VI, Section 5(c): The Committee on Campus Planning, Buildings and Grounds is charged with the responsibility for the planning, development and construction of any California State University campus, and any buildings or other facilities, or improvement, connected with the California State University, and may make recommendations on these matters to the Board of Trustees. Committee Members: Kyriakos Tsakopoulos, Chair; Anthony M. Vitti, Vice Chair; Jeffrey Bleich; Moctesuma Esparza; George Gowgani; Raymond Holdsworth, Jr.; Kathleen Kaiser; Shailesh J. Mehta Note: Physical development of the campuses is based upon the Board of Trustees annually approved academic master plans and enrollment projections developed by the State Department of Finance Historical Milestone: Campus physical master plans coordinated systemwide by Board of Trustees. Architectural planning to emphasize educational functions of buildings, reasonable costs, and aesthetic considerations. 1

4 Board Primary of Agenda TrusteesItems Presented to CPB&G (Consultation with Academic Affairs and Financing and Treasury as needed) 2 Campus Master Plans and Final Environmental Impact Reports (FEIRs). Physical requirements of academic programs and auxiliary activities. Major Campus Master Plan Revisions and FEIRs. Requests made due to changing needs of campus. Architecturally significant, more than three relocations, and increase in utilization of land areas may be presented as a consent item if staff concurs with campus proposal. Practice has been to take any master plan action requiring a FEIR to the Board of Trustees. Approval of all other proposed revisions is delegated to the CPDC assistant vice chancellor for approval based on defined criteria. Categories and Criteria for State Funded Capital Outlay Program. Annually presented at the July meeting. Basis for setting the priority order of capital outlay projects contained in the trustees annual capital budget. Recommendation to the trustees is preceded by a t h o rough consultation process with the campuses. Annual Capital Outlay Program and Five-Year Capital Improvement Program, State and Nonstate Funded. Preliminary program presented at annual March meeting and final approval requested at September meeting. The state funded action year (first year) becomes the trustees annual budget proposal to the governor. Status Reports on Action Year State Funded Capital Outlay Program. Presented January through May with final report at July meeting. Schematic Plans, Budgets and Related Environmental Documents for Capital Outlay Projects. Presented for projects costing $3 million-plus and/or those that are architecturally significant. Projects under $3 million that are not architecturally significant and remodel/renovation/utilitarian projects, regardless of cost, are delegated to the CPDC assistant vice chancellor for approval.

5 Board of Trustees Amendments to State and Nonstate Capital Outlay Program. Changes to approved programs. Usually presented as consent items upon staff recommendation. Progress Report on Capital Outlay Projects. Status report on state and nonstate active capital projects. Completed Capital Outlay Projects. This is a calendar year report in January on each completed capital outlay project that includes performance evaluations of architects/engineers, contractors, etc. Examples of Other Agenda Topics C a l i f o rnia Environmental Quality Act Report ( A n n u a l ) Seismic Review Board Report ( A n n u a l ) Campus Real Pro p e rty Pro p o s a l s P rofessional Appointment Policy A l t e rnative Financing Proposals for Capital Pro g r a m D e f e rred Maintenance within the CSU E n e rgy Conservation and Sustainability Capital Outlay Process and Amendments to Standing Ord e r s F o rums on Capital Development Pro g r a m Campus Profiles of Capital Development Pro g r a m Gifts of Real Pro p e rt y 3

6 Approval Authority and Delegations of Campus Planning Matters for Major Capital Outlay Projects BOARD OF TRUSTEES CPDC ASSISTANT VICE CHANCELLOR Campus Master Plan Revisions A revision that changes more than three sites or land uses on the approved master plan Architecturally significant Capital outlay projects regardless of cost for: Three or fewer relocations Temporaries Vertical additions Increases to building footprint Professional Appointments Performance of professionals included in annual report to BOT on completed capital outlay projects All professional appointments delegated to campuses with notification to CPDC required when appointment made Schematic Plans Architecturally significant Not architecturally significant Over $3 million excluding utilitarian/remodels/renovations Under $3 million PWCE Utilitarian regardless of cost Remodels/renovations regardless of cost 4 Preliminary Plans/Working Drawings No Validate

7 Board BOT Policies of Trustees and Executive Orders Related to CPB&G Roles on the Physical Development of CSU Campuses Delegation of Capital Outlay Management Authority Physical Master Plans Professional Appointments Schematic Plans Administration of Capacity Space Acceptance of Interest in Real Property Temporary Facilities CEQA/Cultural Resources Seismic Safety Real Property Development Projects Faculty Offices Large Auditoria Acceptance and Installation of Artwork Facility Maintenance Leases Naming CSU Facilities and Properties Off-Campus Centers New University Campuses Financing Activities Energy Conservation and Sustainability 5

8 Capital Outlay Process 6 The CSU Board of Trustees requires that every campus have a physical master plan showing existing and anticipated facilities to accommodate the academic enrollment. Each plan reflects the ultimate physical requirements of academic programs and auxiliary activities. In compliance with existing policies and criteria of the Board of Trustees, state laws, and administrative procedures, the CSU develops its five-year capital improvement program. The CSU s review, evaluation, and prioritization of campus requests occur over 11 months. Upon the Board of Trustees approval of the capital program, the state funded request is submitted to the Department of Finance (DOF) and the Legislative Analyst s Office (LAO). These agencies conduct technical reviews of the projects and hold scope conferences with the CSU over a three-month period. Discussions also begin between the CSU and the DOF on the funding level, funding sources, and projects that DOF will re c o m m e n d for inclusion in the Governor s Budget. The Governor s Budget is submitted to the legislature annually on January 10. The LAO publishes its analysis of the budget in February, and the DOF and the CSU confer on responding to LAO concerns prior to the beginning of legislative hearings in March/April. Fund sources for the state funded capital outlay p ro g r a m are governed by the status of any given general obligation bond issue, any special legislative initiatives to fund revenue bond programs, and any carryover savings from previously voter-approved general obligation bond programs. Funds for nonstate funded projects are primarily from mandatory fees, user charges, gifts, and private fundraising efforts.

9 Legislative Budget Process for State Funded Capital Outlay Budget Act Governor Joint Conference Committee Full Senate Senate Committee Senate Subcommittee Full Assembly Assembly Committee Assembly Subcommittee Legislative Analyst Analysis of Budget Bill Governor s Budget Bill Department of Finance Board of Trustees Executive Council Capital Planning, Design and Construction Campuses 7

10 State Definition of Capital Outlay* Construction Projects New construction, alteration, extension, or betterment of existing structure. (Construction projects include necessary Group I fixed equipment.) Equipment Projects (Group II, Movable) Related to a specific construction project irrespective of amount or time of purchase. Purchase of Land and/or Facility Includes related costs such as condemnation and court costs, legal fees, and title reports, etc. *State appropriates funds in three broad classifications state operations (support), local assistance, and capital outlay. 8

11 Historical State Funded Capital Outlay Appropriations and Funding Sources (1963- ) FUND SOURCE REVENUE COMENTS COFPHE $528.3 Million The Capital Outlay Fund for Public Higher Education (tidelands oil revenue) was the C S U s primary source of funds prior to fiscal year 1985/86. The revenue from this sourc e diminished significantly and CSU priority needs were beyond the available funds. High Technology Revenue Bond Fund $87.4 Million This source was established to fund specific capital outlay projects related to engineering and science facilities. Debt payment was from CSU operating revenues. Public Buildings Construction Fund $847.8 Million This is also a revenue bond fund source. State Higher Ed Construction Bond Act of 1966 $307.2 Million A 1966 general obligation bond fund program for higher education. General Obligation Bond Funds $3.1 Billion General Obligation Bonds are the primary source for the CSU capital outlay pro g r a m and require voter approval at a general election. Californians approved higher education GO bond measures in 1986, 1988, 1990,1992, 1996, 1998, 2002, and Debt s e rvice is paid by the state. General Funds $34.7 Million The Department of Finance made exceptions to standard capital outlay funding practices by supporting the use of general funds for selected 1998/99 and 2000/01 projects. This permitted critical infrastructure/telecommunication projects to proceed. Energy Revenue Bond Funds $57.4 Million This revenue bond fund source provided funds to replace mechanical and electrical infrastructure, and the bonds are financed based on projected energy savings. Miscellaneous TOTAL AMOUNT $42.6 Million $5.0 BILLION These fund sources represent statewide matching funds from Federal Schools and Hospitals Trust Funds, funds received from Energy Revenue Bond funds, and SAFCO (Special Account for Capital Outlay). 9

12 Statutory Mandates of Design and Construction in the CSU Budget Act 10 Capital Outlay Streamlining Provisional Language (Excerpts and Paraphrasing): Notwithstanding Section of the Government Code or any other provision of law, the CSU may proceed, without the need for any further approvals, with any phase of any project within the funding amount specified for the project and without any change to its scope. The project budget may be augmented by the CSU within the total appropriation made in an amount not to exceed 10 percent. This condition does not limit the authority of the CSU to use nonstate funds for these purposes. Any savings identified at the c o m p l e t i o n of the projects also may be used during the liquidation period as follows: (a) to proceed further with the underground tank corrections program, (b) to perform engineering evaluations on buildings that have been identified as potentially in need of seismic retrofitting, (c) to proceed with the design and construction of projects to meet requirements under the federal Americans with Disabilities Act of 1990, (d) to fund minor capital outlay projects, or (e) to fund feasibility studies for capital outlay. The CSU shall submit an annual report to the legislature on each project based on defined criteria. Section 6: No more than $100,000 of the funds appropriated for support purposes may be encumbered for preliminary plans, working drawings, or construction of any project for the alteration of a state facility unless the Director of Finance determines that the proposed alteration is critical and that it is necessary to proceed using funds appropriated for support purposes. The maximum cost of any such project shall not exceed $400,000 and any approved critical project costing more than $100,000 but not greater than $400,000 shall be reported to the legislature not less than 30 days prior to requesting bids for the project. The re p o rt shall detail those factors that make the project so critical that it must proceed using support funds.

13 Business and Professions Code License Requirements Code of Regulations ccr.oal.ca.gov C a l i f o rnia Building Standards Code Constitution Provisions Relevant to Design and Construction; Authority Regarding Expenditures and Receipts Civil Code Stop Notice/Bond Provisions Code of Civil Procedure Statutes of Limitations Education Code w w w. l e g i n f o. c a. g o v /. h t m l / e d c _ t a b l e _ o f _ c o n t e n t s. h t m l Authority of the CSU; Power of the Trustees; Revenues Government Code w w w. l e g i n f o. c a. g o v /. h t m l / g o v _ t a b l e _ o f _ c o n t e n t s. h t m l Selection Criteria for Architects/Engineers, etc; State Exempt from Paying Most Fees; False Claims Act; Contracts Register; Small Business Procurement & Contract Act Labor Code Labor Provisions for Public Works; Scope and Operation; Withholding for Unpaid Wages; Payment of Prevailing Wages; Hours and Penalties Public Contract Code (includes CSU Contract Law) w w w. l e g i n f o. c a. g o v /. h t m l / p c c _ t a b l e _ o f _ c o n t e n t s. h t m l Public contract law with legislative intent to clarify and ensure competitive bidding requirements, as a means to protect public from misuse of funds; to provide qualified bidders with fair opportunity to bid; to eliminate favoritism, fraud, and corruption in awarding public contracts. Public Resources Code w w w. l e g i n f o. c a. g o v /. h t m l / p rc _ t a b l e _ o f _ c o n t e n t s. h t m l Environmental Provisions; Historical Preservation 11

14 State Mandated Reports Reports at: Comprehensive Five-Year Capital Improvement Plan to Department of Finance/Legislature (Annual) Capital Outlay Quarterly Report to Department of Finance Annual Ten-Year Survey of Capital Outlay and Infrastructure Needs to Department of Finance Annual Report on Surplus Property to Office of General Services, Real Estate Services Section Annual Update of Inventory on CSU Historic Structures to State Historic Preservation Officer Reports at: Progress Report and Final Report on Use of Identified Savings of Capital Projects in Budget Act to Department of Finance/Legislature Biennial Report on Utilization of Facilities to Legislature Annual Report on YRO in Capital Planning to Legislature (Summary of Campus Capacity) R e p o rts at: w w w. l e g i n f o. c a. g o v /. h t m l / e d c _ t a b l e _ o f _ c o n t e n t s. h t m l Annual Report on CSU Channel Islands Revenues from Sales and Leases to Governor/Legislature Annual Report on Acceptance, Sale and/or Exchange of Gift Real Property to Department of Finance/Legislature/CPEC Annual Report on Parking and Housing Real Property Transactions to Department of Finance/Legislature 12 Annual Report Certifying and Evaluating Streamlined Projects in Budget Act to Department of Finance/Legislature

15 Report at: table_of_contents.html Annual Report on CSU Channel Islands Site Authority on Expenditures for Facilities that Increase Enrollment Capacity to Governor/Legislature Report at: table_of_contents.html Annual Report on Emergency/Unexpected Public Works Projects Exempted from Competitive Bid Process to Department of Finance/Legislature Reports at: Annual Report on Telecommunications Infrastructure/Integrated Technology Strategy to Legislature Other Mandated Guidelines/Requirements C a l i f o rnia Construction Cost Index Equipment Price Index Initial Building Cost Guidelines and Life Cycle Building Costs Space and Facilities Utilization Standard s Responses to the Legislative Analyst on the Annual Legislative Analysis of the Budget Bill to DOF/LAO Specific Reports Identified in Annual Supplemental Language to DOF/Legislature Supplemental Language on Budget Year Capital Outlay Projects to the Department of Finance and Legislative Analyst Annual Report on CSU Monterey Bay Water Supply Related to Enrollment to Legislature 13

16 Board of Trustees Ex Officio Members Arnold Schwarzenegger Governor of California President, Board of Trustees Cruz Bustamante Lieutenant Governor Fabian Núñez Speaker of the Assembly Jack O Connell Superintendent of Public Instruction Charles B. Reed CSU Chancellor 14

17 Appointed Members Murray L. Galinson Chair Roberta Achtenberg Vice Chair Larry Adamson Alumni Tru s t e e Jeffrey Bleich Herbert Carter Carol Chandler Moctesuma Esparza Debra S. Farar Robert Bob Foster George Gowgani Eric Guerra Student Trustee Melinda Guzman Moore William Hauck Raymond Holdsworth, Jr. Ricardo F. Icaza Corey Jackson Student Trustee Kathleen Kaiser Faculty Trustee Shailesh J. Mehta Kyriakos Tsakopoulos Anthony M. Vitti 15

18 Chancellor s Office Databases Capital Renewal and Deferred Maintenance Enrollment Land Records Major and Minor Capital Outlay Projects Prequalified Architects Prequalified Contractors Space and Facilities Special Repair Projects 16

19 Revised: January 2005

20 Campus Planning, Building and Grounds (CPB&G) 401 Golden Shore, Long Beach, CA