The meeting was called to order by President Mack-Rose at 5:32 p.m.  It was noted that all Board members were present with the exception of Trustees Prola and Katz-Lacabe.

There were no public comments regarding the closed session agenda.

The Board recessed into closed session at 5:33 p.m.

• Assistant Superintendent of Educational Services
• Assistant Superintendent of Business & Operations
• Senior Director II, Human Resources

Pursuant to Government Code section 54956.9, subdivision (b), the Board will consider potential significant exposure to litigation:  1 Case

The Board returned from closed session at 7:09 p.m. President Mack-Rose noted that Trustee Prola arrived at 5:37 p.m. and Trustee Katz-Lacabe arrived at 5:55 p.m.

President Mack-Rose led the Pledge of Allegiance to the Flag.

Approve the Regular Board meeting agenda for July 17, 2012.

Members of the audience who wish to address the Board are asked to complete the yellow card available at the entrance and submit it to the Board's Administrative Assistant. Speakers who have completed the card will be called when the item is reached on the agenda or, for non-agenda items, during the Public Testimony. Cards are to be turned in before the item is reached on the agenda. Please note that the meeting is being recorded.

State law prohibits the Board of Education from taking any action on or discussing items that are not on the posted agenda except to A) briefly respond to statements made or questions posed by the public in attendance; B) ask questions for clarification; C) provide a reference to a staff member or other resource for factual information in response to the inquiry; or D) ask a staff member to report back on the matter at the next meeting and/or put it on a future agenda. (Government Code 54954.2(a)).

Julie Avilla thanked the District, Superintendent Cindy Cathey, and Principal Garry Grotke for the opportunity to participate in the Assistant Principal Extended Year Summer Internship Program, stating that this program has been a wonderful experience in developing her leadership skills with the support of a veteran principal.  She provided a brief overview of the Pre Kindergarten Summer Program, and the Special Education Extended School Year Program, two programs being offered at Jefferson Elementary School.  This year the students in the Special Education Extended School Year program will be participating in a variety of events developing sportsmanship and teamwork in the First Annual Summer Olympics.  Each student will receive a Certificate of Participation at the closing ceremonies. She invited the Board, District and community members to come and join them in encouraging our members of the Special Education community.  Opening ceremonies will be July 18, at 9:30 a.m. at Jefferson Elementary.  Activities begin on July 19 through July 25, with closing ceremonies on July 26 at 10:30 a.m.

Assistant Superintendent of Business and Operations, Song Chin-Bendib; Mike Murphy, Director of Bond Projects; Kurt Weidmann, Consultant with Harris and Associates; DLM Architects; SIM Architects; Spencer & Associates; and WLC Architects, provided a Facilities and Construction presentation to the Board that included:

1. An Update on the Capital Improvement Program, including Measures A, B, M and other funding sources; and an update on funding priorities for Measures B and M
2. Measure M Athletic Exterior: Schematic Designs for Garfield, Jefferson, Madison, McKinley, Monroe, Roosevelt, Washington and Wilson Elementary Schools and Bancroft and John Muir Middle Schools

Highlights included:

1.    Elementary and Middle Schools Athletic Exteriors:

• Elementary Schools
  • Board approved scope of work was reviewed which included:
    • Repair play structures
    • Install resilient surfacing
    • Repair, resurface & restripe asphalt
    • Install and/or repair game and court equipment such as ball walls and volleyball courts
    • Install fitness par courses
    • Install outdoor classroom structures with a metal roof (with the exception of Roosevelt Elementary which already has an existing par course and outdoor classroom)
    • Install measured running paths with decomposed granite.
  • Currently the project is under budget

Following the approval of the schematic designs tonight by the Board, the designs will be presented to the school sites, construction documents will be submitted to the Division of the State Architect (DSA) in late August 2012, anticipated DSA approval between October and December 2012, Bid in spring of 2013, with construction beginning in the summer of 2013.

   Comments and questions shared by the Board included:

• "I am pleased that the project was under budget"
• "I appreciate the individuality, and culture of each site, however it would have been nice to have the same items at all the sites"
• "Will construction be going on simultaneously at each site"
• "Would like to see a science and math focus such as solar systems, common molecules and variety of mathematics formulas (multiplication table, etc.) with regards to the asphalt features"
• "Bring a sample asphalt design portfolio to the Facilities & Technology Committee for their recommendation"

2.    Bancroft John Muir Middle Schools

• • John Muir 
    • 3-lane all-weather running and walking path (similar to Bancroft)
    • Soccer/Lacrosse athletic field, synthetic turf
    • Par Course
    • Continue with design development and resolve drainage issues and Board approval of construction documents
    • Construction will begin in the spring of 2013 with completion in the fall/winter of 2013
  • Bancroft
    • Par Course
    • Next steps include meeting with principal to determine needs for Par Course and proceed with design
    • Construction will begin and be completed in the summer of 2013

The Board was also pleased that the project was under budget and that both schools would now have similar facilities.   Additional clarifying questions focused on drainage, asphalt paving, fall zone tile material, and additional contingency amounts. Additional alternatives suggested included restriping and redoing the standards on the basketball courts and considering outdoor weight resistant equipment if money was available.

The presentation was followed by a conference item to discuss and consider approval of each project's schematic design.

Goals #2: Ensure the Financial Stability and Efficiency of the District

Assistant Superintendent of Business and Operations, Song Chin-Bendib; Mike Murphy, Director of Bond Projects; Kurt Weidmann, Consultant with Harris and Associates; DLM Architects; SIM Architects; Spencer & Associates; and WLC Architects, will provide a Facilities and Construction presentation to the Board that will include:

1. An Update on the Capital Improvement Program, including Measures A, B, M and other funding sources; and an update on funding priorities for Measures B and M
2. Measure M Exterior Athletic: Schematic Designs for Garfield, Jefferson, Madison, McKinley, Monroe, Roosevelt, Washington and Wilson Elementary Schools and Bancroft and John Muir Middle Schools

The presentation will be followed by a conference item to discuss and consider approval of each project's schematic design.

In November 2010, San Leandro voters passed Measure M, a $50.1 million school facilities bond to address modernization and new construction throughout the District, including the renovation of the Pacific Sports Complex and Burrell Field, renovation of the San Leandro High School Swim Center, a new track and field at John Muir Middle School and various other projects at all school sites throughout the District.

In order to design facilities that will best serve the needs of our students, schools and the community, the District used the same successful Conceptual Design Team process that was used for the Measure B Bond Program.  Three Conceptual Design Teams were formed:

• Pacific Sports Complex and Burrell Field
• San Leandro High School Swim Center, Track and Field
• Elementary and Middle Schools Athletic Exteriors

The Conceptual Design Teams for the Elementary and Middle Schools Athletic Exteriors held their three meetings: October 25, November 9, and November 29, 2011. During the first meeting members were introduced to one another, meeting norms were established, and an overview of the architectural design process and the role of the Conceptual Design Team were provided. After a review of each site, stakeholders from each school identified all the current uses, expressed potential uses they would like to see at the site, asked questions, and voiced concerns and needs.

The architects incorporated the feedback and suggestions, and at least one schematic review design meeting was held at each site. The schematic designs presented tonight reflect the results of the meetings with the Conceptual Design Teams.

Trustee Sullivan reported receipt of the following emails from July 4, 2012, to July 17,2012: From Richard Fishbaugh regarding "Wow"; from Ling King regarding "3rd Annual SLSF Spaghetti Feed and Ice Cream Social."  Trustee Sullivan noted that she was in receipt of letters from parents at Jefferson Elementary School regarding budget cuts.

Chad Duncan, Shop Steward, Trades, addressed the Board regarding the struggles faced by the Teamster/Trades due to the continued cuts being made and the tremendous amount of stress placed on their employees because of the lack of time and staff to complete the work that needs to be done. 

Superintendent Cindy Cathey provided the Board with the following report:

• July 25 was the San Leandro Education Foundation (SLED) 100 Fundraising Event. Among the highlights, keynote speaker San Leandro High School senior Osa Aihie gave his winning Rotary speech, Wilson Principal Wendy Ponder recounted the impact of Playworks on the Wilson campus, which was funded by SLED, and Mayor Cassidy also spoke. Comparing SLED to the "ever-ready bunny," the Superintendent thanked them for keeping the District in the forefront of their efforts.
  
• Staff is working diligently and continues to give presentations regarding budget information.  She acknowledged President Mack-Rose who will be speaking, on the District's behalf, on Alice Lai-Bitker's radio station.  She also acknowledged the City, who approved the Letter of Intent at their Council meeting last night to assist the District in the potential purchase of the Girls Inc. property as we pursue the school-based health center.

Trustee Prola reported that the Facilities & Technology Committee met on July 11 and discussed the items that are on the agenda for Board consideration, noting that the Change Order #1 for the Pacific Sports Complex represents a decrease of approximately $655,000 to the prior contract.  The committee met with the new marketing consultant for the theater, Diana Dragone.  She said that Assistant Superintendent Chin-Bendib sent materials to the Board re-prioritizing Measure M & B savings projects.  Also, she reported that Superintendent Cathey and the Assistant Superintendent are developing a plan to make sure that there are no more errors as there was recently involving the budget shortfall of the pool and fields project at San Leandro High school. 

The following items were pulled from the Consent Calendar:

• 13c - Approval of the 2012-13 School Calendar (Mack-Rose)
• 14a - Contracted Services Agreement Between San Leandro Unified School District and Solution Tree, Inc. for Elementary Professional Learning Communities Professional Development of the 2012-23013 School Year (Prola)
• 14e - Adoption of Scholastic's Big Day Program for the New Transitional Kindergarten (TK) Classes (Prola)
• 14i - Exhibit for Board Policy 5131.8 Cyberbullying/Bulling (Sullivan)

It was also noted that the Classified Personnel Report had been revised and was distributed to the Board members and made available to the public. With those exceptions, the Consent Calendar was approved as amended.

Approve the minutes of the regular Board meeting held on June 5, 2012.

Approve the minutes of the regular Board meeting held on June 19, 2012.

Approve the minutes of the special Board meeting held on June 26, 2012.

Trustee Mack-Rose raised a concern regarding the scheduled staff development day on October 22, as opposed to  November 1.  She surmised that whenever Halloween falls on a weekday the ADA goes down on the day after, noting that Castro Valley Unified and San Lorenzo Unified always have the day after Halloween off.  

Senior Director of Human Resources also indicated that aside from that, all other aspects of the District calendar were aligned with Castro Valley, San Lorenzo, and Hayward school districts and that the calendar had been reviewed by all the bargaining units.

Trustee Mack-Rose asked and Trustee Katz-Lacabe expanded on her request that staff research the last three years, whether Thursday, November 1 would be more ideal ADA-wise than October 22 for our staff development day.  It was also suggested calling Castro Valley, San Lorenzo, and Hayward school districts for their input.   

Trustee Prola raised a concern whether the number of books included with the purchase of these services would it be enough to cover the employees receiving the training.  Assistant Superintendent Wong explained that the 56 copies of Learning by Doing 2nd #Edition were for the number of participants and the small number of titles would be for the District Office leaders so that they could help support school staff. 

Not Applicable

The District's Local Education Agency Plan (LEAP) highlights four high leverage actions to ensure all students make continuous academic growth.  The four high leverage areas are:

1. Standards-aligned differentiated instruction

2. Culturally responsive teaching and learning

3. Date driven continuous improvement 

4. Safe climate and strong relationships

In order to address these areas, the District seeks to utilize our professional development funds to provide a District-wide framework to deepen our work, which is the implementation of Professional Learning Communities (PLCs) based on Richard DuFour's research.  Last year, we provided a 6-day PLC Academy training for over 50 secondary teachers and administrators, and this year would like to provide another 6-day PLC training for our elementary teachers and administrators.  The PLC approach provides the knowledge, tools, and skills to effectively support schools and staff through the change process and implement, lead, and sustain PLCs at the site level.  The approach ensures all students learn at high levels, builds a collaborative culture through high performing teams, focuses on results and answers the following critical questions:

1.  What do we want each student to learn?

2. How will we know if each student is learning it?

3. How will we respond when a student is experiencing difficulty with learning it?

4. How will we respond if the student already knows it?

Each elementary school will send a cohort of 4-7 staff including the principal.  The session dates are September 17-18, November 26-27, and January 28-29.

Garfield Elementary School is proposing to utilize Playworks Program to address ensuring a safe environment to support optimal learning in school.  The Playworks Program was successfully implemented at Garfield during the 2010-2011 school year.  The Playworks Program has four key components to promote healthy physical activity enrichment experiences:

• Organizing structured opportunities for play and physical activity during recess
• Coordinating class game time ? students and teachers learn the expectations, best practices and skills of games and physical activities
• Coordinating the 4^th & 5^th Grade Junior Coach Leadership Training Program ? establishes student leaders to maintain playground equipment and leading peers and younger students in recess games and activities
• Providing before school physical activity program
• Providing opportunities for league games outside of the school day

As students learn to make better choices, this has proven to decrease disciplinary issues during lunch and recess time. Students  spend less time in the office dealing with negative interactions and spend more time in the classroom learning. The coordinated and integrated activities designed by Playworks will lead to increased student motivation and satisfaction with schooling.  This program complements, not replaces, the physical education program and promotes lifelong healthy habits. 

Garfield would like to utilize the Playworks Program for before school, recess, and lunch recess.  Playworks will also provide voluntary game league opportunities for grades 4-5 students outside of the school day.

San Leandro Unified School District currently serves almost 2,500 English Learners, which is approximately 28% of the student population.  Because SLUSD did not meet Annual Measurable Achievement Objective (AMAO) 3 for four consecutive years, the District entered into Title 3, Year 4 Program Improvement for English Learners.  Consequently, SLUSD was mandated to develop an improvement plan to meet all AMAOs and increase student achievement for English Learners.

One of the goals in our Title 3, Year 4 Program Improvement plan is to provide high quality professional development to teachers and coaches to better engage and support English Learners, support their ability to attain English proficiency, and achieve proficiency in grade level Reading/Language Arts and Math standards.  One component of our professional development is called ?A Look at Learning.?  ?A Look at Learning? (ALL) is a multi-year comprehensive system that maximizes English Learners? achievement by enabling teachers, coaches and administrators to understand key features of English Language Development (ELD) and Specially Designed Academic Instruction in English (SDAIE) settings.  It also provides a system to promote teachers? implementation of research-based best practices and promotes teacher efficacy through collaboration and reflection in a professional learning community (PLC).  Grade level/content area teams at four of our schools (Garfield, McKinley, Wilson and Bancroft) would pilot ?A Look at Learning? in 2012-13. 

The ?A Look at Learning? (ALL) professional development is supported by the Santa Clara County Office of Education.  SCCOE coordinates responsibilities for maintaining the program including:

Training of Trainers

• Support to district implementers of the "A Look at Learning" system
• Develop a framework for lesson planning, lesson delivery, assessment, data analysis and teacher reflection
• Provide protocol stems that will be used for professional development, coaching and collaborative work

Attached are the details of 2012-13 Memorandum of Understanding and Responsibility Agreement between Santa Clara County Office of Education and San Leandro USD for the ?A Look at Learning? program. 

Not Applicable

No impact to the General Fund; during the first year the cost is approximately $8,000 for 2 classroom. Funding Source is Lottery Funds for Instructional Materials.

In response to Trustee Prola, Assistant Superintendent Wong confirmed that the District is receiving funds from the state for the program and that the teacher cost is within our FTE and would not impact to the General fund.

In accordance with California law (EC 48000) the District will be starting Transitional Kindergarten (TK) classes at McKinley and Wilson this Fall for students who turn 5 between November 2 and December 2.  Transitional kindergarten is defined as ?the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate.?  According to guidelines from CDE, no state curriculum is mandated, but local education agencies must modify the local course of study in order to provide age and developmentally appropriate curriculum for transitional kindergarten. ?While parts of the classroom curriculum will be developed throughout the year, many districts have found it is necessary to have a core program in place that will cover many of the required components of TK. These components include a foundational reading and math curriculum and socio-emotional skills development. This core program will serve as a bridge between Pre-K foundations and the current Kindergarten standards. In June, a task force of 7 veteran kindergarten & primary teachers met to hear publisher presentations of two different comprehensive programs that would be appropriate to use as a TK curriculum. The Board Curriculum Committee had previously reviewed both programs prior to the Task Force meeting and authorized our approval of either one. After careful deliberation the Task Force unanimously chose the Scholastic Big Day Program.

Not Applicable

Responding to Trustees Sullivan and Prola, Assistant Superintendent Debbie Wong explained that the Student Bullying Form would be placed on the website, would be available in every classroom/office at the school sites, and will be included in the Parent Handbook.  She also said that the new cyberbullying/bullying legislation requires districts to provide training to all staff that includes how the form should be distributed. The form will be translated into Spanish and staff will look into having it translated into Chinese as well. 

New non-public school placement contracts for the school year 2012-2013.

No impact to the General Fund; the District will receive $47,890 from BHCS for Implementation of School-Based Mental Health Consultation, Prevention, and Early Intervention Services

Approve the Memorandum of Understanding Between San Leandro Unified School District and Alameda County Behavioral Health Care Services (BHCS) for Mental Health Consultation, Prevention, and Early Intervention Services for the 2012-2013 School Year.

Local Education Agency Plan (LEAP) High Leverage Action #4: Safe Climate and Strong Relationships

As part of preparing for the fall 2012 opening of the Office of Student and Family Wellness, Alameda County Behavioral Health Care Services (BHCS), in partnership with the Special Education Local Plan Area (SELPA Districts) is offering a variety of behavioral health educational services and supports for our students. The program goals include improving school climate through:

• enhanced capacity to identify individuals and families with social, emotional and behavioral issues
• increased number of school staff trained in recognizing early indicators of mental illness
• increased knowledge of social, emotional and behavioral issues as well as its risks and protective factors

Through this partnership with BHCS, the Office of Student and Family Wellness shall utilize the funds to provide services to students who are at high risk for serious mental health issues and school failure.  In addition this MOU will help the District work towards long-term program growth and sustainability through the District's LEA and MAA billing.  There is an annual data collection and program analysis component to inform program modifications and improvements.

This is a draft MOU that will be finalized after the SELPA Districts get Board approval of the conceptual design of services.  

The Board of Education previously approved Fugro Consultants Inc., through a Request for Qualifications (RFQ) process for geotechnical engineering and soils investigations.  The original contract in the amount of $72,500 was approved by the Board on April 5, 2011, between Fugro Consultants Inc. and San Leandro Unified School District to provide geotechnical engineering and soils investigation services for the Pacific Sports Complex and the San Leandro High School Swim Center.

Subsequently, the Board approved amendment #1 on April 17, 2012, to include services needed to provide geotechnical data for the design of the John Muir Middle School artificial turf field, all-weather track, and associated bio -swale to mitigate storm water runoff.

This amendment #2 adds services needed to provide special inspections and testing for the construction of the San Leandro High School Pool Facility and Fields project.

Contract/Fee Summary

The Board of Education previously approved Fugro Consultants Inc., through a Request for Qualifications (RFQ) process for geotechnical engineering and soils investigations.  The original contract in the amount of $72,500 was approved by the Board on April 5, 2011, between Fugro Consultants Inc. and San Leandro Unified School District to provide geotechnical engineering and soils investigation services for the Pacific Sports Complex and the San Leandro High School Swim Center.

Subsequently, the Board approved amendment #1 on April 17, 2012 to include services needed to provide geotechnical data for the design of the John Muir Middle School artificial turf field, all-weather track, and associated bio -swale to mitigate storm water runoff.

Amendment #2 to add services needed to provide special inspections and testing for the construction of the San Leandro High School Pool Facility and Fields project appears on this July 17, 2012 agenda as a separate item.

This amendment #3 adds services needed to provide special inspections and testing for the construction of the Pacific Sports Complex and Burrell Field project.

Contract/Fee Summary

One of the major marquee projects identified in the Measure M language is the Pacific Sports Complex and Burrell Field.  AEDIS Architecture & Planning was retained to design and prepare all of the design and construction documents.  Plans and specifications were approved by the Division of the State Architect (DSA) and the project was bid through the requirements of Public Contract Code.  

The Board previously approved the construction contract with Zolman Construction and Development Inc. on May 15, 2012.

Prior to awarding the contract the Board authorized the transfer of $1,627,000 from the Measure M financial reserve to fund additional scope and escalation costs.  To minimize the need to expend all of the transferred funds staff conducted a value engineering process with AEDIS Architects and contractor Zolman.  During the process scope not vital to athletic program needs or facility functionality was identified.  The contractor?s value for the items was negotiated and is included in this deductive change order #1.  Staff will continue to identify additional savings opportunities during the course of the project's construction.

CO #1 Summary

Contract Summary

Budget Summary

These items are presented for action at this time.  Some may have been reviewed at a previous meeting.

Superintendent Cathey explained that the District is seeking to adjust the salary schedule for the Assistant Superintendent and the Senior Director II positions to include recognition for longevity of services by employees in those positions. The longevity adjustment is consistent with the San Leandro Management Association and reflects a 2% salary adjustment for longevity at six (6) years of service and a 4% salary adjustment at twelve (12) years of service.

Approve the Revised Assistant Superintendent/Senior Director II Salary Schedule to reflect a longevity adjustment for years of services at six (6) and twelve (12) years.

The District seeks to adjust the salary schedule for the Assistant Superintendents and the Senior Director II positions to include recognition for longevity of service by employees in those positions.  This longevity adjustment is consistent with the San Leandro Management Association.  The amended salary schedule reflects a 2% salary adjustment for longevity at six (6) years of service and a 4% salary adjustment at twelve (12) years of service.  The adjust scheduled is attached and changes are highlight in red. 

No salary increase

Superintendent Cathey explained that one major change in the employment agreements between the San Leandro Unified School District and Cabinet (Assistant Superintendent, Education Services, Assistant Superintendent, Business & Operations, and Senior Director II, Human Resources), addresses vacation accrual (Section 9, under Additional Terms, Item #7) which will allow the Assistant Superintendents and Senior Director II to accrue vacation days up to a maximum of twenty four (24) days, adding that beyond that they would not be able to accrue to the next year until the balance decreases below twenty four days. For any vacation days accrued prior to July 1, 2012, the Board and Cabinet will mutually agree on a plan by September 2012 to use this excess vacation accrual through a combination of usage and compensation over time. 

It was also noted that while currently there is not a policy capping accrual of vacation, the District can compel employees to take a vacation, which limits accrual and liability.

Approve the changes to the Employment Agreement between the San Leandro Unified School District and the Assistant Superintendent, Educational Services. 

Employment Agreement between the District and the Assistant Superintendent, Educational Services

Pursuant to the Employment Agreement between the District and the Assistant Superintendent, Educational Services, prior to the expiration of the Employment Agreement, the Superintendent shall recommend to the Board whether to renew the Agreement for a new term.  In an effort to align the Cabinet members? agreement language and to ensure the agreement language is both clear and aligned to Education Code, this agreement has been reviewed and amended by legal counsel.  The Board will consider approving the attached Employment Agreement for the Assistant Superintendent, Educational Services.  The agreement includes changes to the following sections:

2.  Term of the Agreement
3.  Evaluation

5.  Termination of the Agreement

9.  Additional Terms:  #7 - Vacation Accrual

9.  Additional Terms:  #10 - Deleted

Potential impact to the General Fund in the amount of $3,370.22 pending approval of longevity adjustment to the salary schedule

Approve the changes to the Employment Agreement between the San Leandro Unified School District and the Assistant Superintendent, Business and Operations. 

Employment Agreement between the District and the Assistant Superintendent, Business and Operations

Pursuant to the Employment Agreement between the District and the Assistant Superintendent, Business and Operations, prior to the expiration of the Employment Agreement, the Superintendent shall recommend to the Board whether to renew the Agreement for a new term.  In an effort to align the Cabinet members? agreement language and to ensure the agreement language is both clear and aligned to Education Code, this agreement has been reviewed and amended by legal counsel.  The Board will consider approving the attached Employment Agreement for the Assistant Superintendent, Business and Operations.  The agreement includes changes to the following sections:

2.  Term of the Agreement

3.  Evaluation

4.  Compensation
5.  Termination of the Agreement

9.  Additional Terms:  #7 - Vacation Accrual

9.  Additional Terms #10 - Deleted

Approve the changes to the Employment Agreement between the San Leandro Unified School District and the Senior Director II, Human Resources.

Pursuant to the Employment Agreement between the District and the Senior Director II, Human Resources, prior to the expiration of the Employment Agreement, the Superintendent shall recommend to the Board whether to renew the Agreement for a new term.  In an effort to align the Cabinet members? agreement language and to ensure the agreement language is both clear and aligned to Education Code, this agreement has been reviewed and amended by legal counsel.  The Board will consider approving the attached Employment Agreement for the Senior Director II, Human Resources.  The agreement includes changes to the following sections:

2.  Term of the Agreement
3.  Evaluation

5.  Termination of the Agreement

9.  Additional Terms:  #7 - Vacation Accrual

9.  Additional Terms:  #10 - Deleted

The Board approved the recommendation for Readmission from Expulsion for Student E04-08/09.

Recommendation for Readmission from Expulsion for Student E04-08/09

Potential Impact to Fund 25 - Developer Fees of up to $1,500,000

Assistant Superintendent Song Chin-Bendib explained that the City of San Leandro approved the Letter of Intent to loan the District up to a maximum amount of $1,500,000 to purchase the Girls' Inc. building to locate the School-based Health Center.  The District will payback the City's loan with development impact fees, adding that legal counsel has confirmed that the funds can be spent for this purpose. In addition as a show of good faith towards repayment of the loan, the District will pay the City $200,000 after the execution of the loan agreement. 

Trustee Katz-Lacabe, who attended the City Council meeting, commented that the Council unanimously agreed to the loan agreement, adding that "it's a great collaboration between the City and District."

Approve the Letter of Intent for a proposed loan from the City of San Leandro in order to purchase real property for the proposed school based health center.

The City/District Liaison Committee met on May 17, 2012. 
The Facilities & Technology Committee met on May 23, 2012.

The District is cooperating with Alameda County Health Care Services Agency to apply for and obtain a Federal grant (?Grant?) to fund a school based health center (?Health Center?).   In order to qualify for the grant and meet certain grant time deadlines, the District is required to demonstrate that it intends to purchase real property to locate and operate the Health Center.  To meet this requirement, the District and City of San Leandro (?City?) have negotiated a Letter of Intent (LOI) that sets forth the preliminary terms of a proposed loan from the City to the District for the purchase of real property to locate the School-based Health Center.   Although the LOI does not constitute a formal and binding agreement, the Parties expect that any ultimate Loan Agreement will be generally consistent with the LOI. 

The LOI provides the following proposed terms:

1. The City will loan the District up to a maximum amount of One Million Five Hundred Thousand Dollars ($1,500,000) to purchase real property to locate the School-based Health Center.
2. The District contemplates that it may payback the City?s loan with development impact fees or other means approved by the District and City, including possible dedication of parcels of real property by the District to the City.
3. As a show of good faith towards repayment of the loan, the District will pay City Two Hundred Thousand Dollars ($200,000.00) upon or shortly after execution of a Loan Agreement, which may be applied as a reduction in the loan?s principal.
4. The District and City?s governing bodies will approve the final terms of any loan agreement.
The details of the Letter of Intent are attached.

Potential Impact of $500,000 to Fund 21, Building Fund (Measure B Savings)

Superintendent Cathey commented that the District is cooperating with Alameda County Health Care Services Agency to apply for and obtain a Federal grant in the amount of $500,000 to help fund a school based health center.  The District is also seeking matching funds from another outside agency. As a requirement of the grant,  Resolution #12-50 demonstrates the District's intent to dedicate matching funds in the amount of $500,000 for the necessary reconstruction or modernization of facilities to locate and operate the Health Center. Funding will come from Measure B Savings, and legal counsel confirmed that this is within the bond language and a legitimate use of the funds.

Approve the adoption of Resolution #12-50 for the purpose of reconstructing or modernizing facilities necessary to operate the proposed School-based Health Center.

The District is cooperating with Alameda County Health Care Services Agency to apply for and obtain a Federal grant (?Grant?) to fund a school based health center (?Health Center?).   In order to qualify for the grant and meet certain grant time deadlines, the District is required to demonstrate that it intends to dedicate Five Hundred Thousand Dollars ($500,000) for necessary reconstruction or modernization of facilities to locate and operate the Health Center. 

Assistant  Superintendent Chin-Bendib briefly explained that the District and Gateway Buena Park, Inc. have negotiated a license agreement which was reviewed by legal counsel. The agreement will allow SLUSD and its employees, contractors, laborers and agents, including the City of San Leandro access to the "Subject Land Strip" which will allow for additional landscaping and serve to improve the overall appearance of the facility and provide an additional buffer from freeway noise and vehicle emissions for the new Pacific Sports Complex and Burrell Field.  The license shall renew automatically on a year-by-year basis, allowing the District long term use, at no charge. 

Approve the following:

1. Allocation of $2,690,789 from Measure B (savings) for the San Leandro High School Pool Facility and Fields project budget. 
2. Charging $196,661 to the Measure M Sustainability/Solar project for the underground solar infrastructure work
3. Transferring $160,000 from Measure M Financial Reserve for the hazardous soils removal.

One of the major marquee projects identified in the Measure M language is the San Leandro High School Swim Center and Fields project.  The District retained WLC Architects, Inc. to design and prepare all the design and construction documents.  Plans and specifications were approved by the Division of the State Architect (DSA) on May 18, 2012, and the project was bid through the requirements of Public Contract Code.  

On July 10, 2012, the District received bids through the formal sealed bid opening process, per State of California Public Contract Code requirements, for the San Leandro High School Swim Center and Fields project. 

Seven (7) bids were received for the project.  The lowest responsive, responsible bid was submitted by F&H Construction, Inc. in the amount of $10,186,000.  

Summary of Three Lowest Responsive Bids

The construction budget for the project is $7,500,000.  Staff has studied the bid and believes there are several factors contributing to the difference and the majority of which is related to the increase in scope of the project:

• Additional drainage and grading scope due to flipping the location of the football and baseball/softball fields from their existing locations. Additional benefit of increasing the size of the existing smaller dimension fields to full size regulation dimension soccer fields and football field. Furnishing and installing all new drainage and grading for the baseball and softball fields. (Approximately $1.9m) 
• Additional scope of increasing the competition pool from 25 meters to 30 meters, which provides two additional deep water racing lanes and additional benefits (such as floating water polo goals, in lieu of hanging the goals off the pool deck). (Approximately $500k)
  • The District's construction budget for the pool was $4.0M and the bid result was $4.8M, therefore, the pool construction budget was short by $800k. Additionally, the WLC Architects had estimated the cost of a 30 meter pool versus a 33 meter pool to be approximately $300k. Thus, the extrapolated difference between the cost of a 25M pool versus a 30M pool is approximately $500k. Note: The District did not bid out a 25M pool and therefore, staff would not know the exact cost.
  • Due to the parameters of Measure B Bond funds, staff is recommending that the increased cost of $800k for the pool be transferred from Measure M and a corresponding amout of Measure B savings be used to offset this transfer and fund appropriate Measure B projects.
• Additional scope of adding an office, additional storage for non-pool activities, larger restrooms with more plumbing fixtures and an increased number of lockers and shower facilities in the pool building in lieu of using the existing restrooms and lockers located and available in the nearby gymnasium building.  (Approximately $300k)

We are experiencing significant economically driven differences between the current bid climate and the one we encountered when bidding the marquee Measure B projects.   The new market trend is to be at budget or over budget. The number of bidders has drastically declined by almost 50%, thereby reducing competition. Projects bid between 2007 and 2010 were receiving up to 17 bids. The District received 13 bids for the SLHS 9^th Grade Campus project and 16 bids for the SLHS Arts Education Center.

The bid environment during that time frame generated bid day savings of 15%-20%.  This discount is no longer available because over the past two years the construction market has stabilized and is starting to recover.  Although there is no statistical data yet, the construction industry speculates that this is due to competition going out of business. The surviving contractors? business models include pricing that is not as discounted due to greater demand for their services.  The discounted bid environment we have enjoyed for the past few years appears to no longer be in play.

To deliver the project as designed and bid, with a 30 meter completion pool, flipping the fields to solve drainage issues and including the artificial turf football field and all-weather track, the current budget needs to be increased by $2,690,789.

On July 10, 2012, the Board of Education approved increasing the budget for the San Leandro High School Swim Center and Fields project by $2,690,789. Below is a table outlining the budget increase calculation:

Budget increase calculation

In order to award this contract, some funding needs to be re-allocated. It is the staff recommendation that the following amounts be re-allocated:

• $1,000,000 from the District-wide Priority Natural Grass and Irrigation Repair Measure B saving project. Note: Allocation to irrigation projects will be reviewed and may change after completion of a site assessment. Based upon the site assessment, the Board may need to revisit this revised allocation.
• $1,690,789 from the SLHS Window Modernization Measure B savings project.
• $2,690,789 Total amount to be re-allocated to the Measure M San Leandro High School Swim Center and Fields project. 

Additionally, this budget increase is achieved by charging $196,661 to the Measure M Sustainability/Solar project for the San Leandro High School Swim Center and Fields project underground solar infrastructure installation.

Another $160,000 is needed to remove hazardous soils, and it is recommended that the amount be transferred from the Measure M Financial Reserve for this purpose.

In addition to the value engineering efforts to date, staff will continue to work diligently with the design team, contractor, and construction manager to save money at every opportunity. Value engineering perspectives will be applied to all available avenues to control, and potentially, reduce costs. 

Staff continues to explore the potential for state matching funds and other grant opportunities. Accordingly, we are hopeful that cost saving measures and an aggressive pursuit of additional funding opportunities will benefit our program.

Based on a check of the required documents of the bid package, the District verified that the bid meets the requirements of Public Contract Code and recommends the lowest responsive, responsible bidder F&H Construction to the Board of Trustees.

Measure M financial reserve summary

Current Budget Summary

Revised Budget Summaries

One of the major marquee projects identified in the Measure M language is the San Leandro High School Swim Center and Fields project.  The District retained WLC Architects, Inc. to design and prepare all the design and construction documents.  Plans and specifications were approved by the Division of the State Architect (DSA) on May 18, 2012, and the project was bid through the requirements of Public Contract Code.  

On July 10, 2012, the District received bids through the formal sealed bid opening process, per State of California Public Contract Code requirements, for the San Leandro High School Swim Center and Fields project. 

Seven (7) bids were received for the project.  The lowest responsive, responsible bid was submitted by F&H Construction, Inc. in the amount of $10,186,000.  

Summary of Three Lowest Responsive Bids

The construction budget for the project is $7,500,000.  To deliver the project as designed and bid, with a 30 meter competition pool, flipping the fields to resolve drainage issues and including the artificial turf football field and all-weather track, the current budget needs to be increased by $2,690,789.

On July 10, 2012, the Board of Education approved increasing the budget for the San Leandro High School Swim Center and Fields project by $2,690,789. Below is a table outlining the budget increase calculation:

Budget increase calculation

To deliver the project as designed $2,690,789 will be allocated from Measure B savings for the San Leandro High School Swim Center and Fields project.  $196,661 will be charged to the Measure M Sustainability/Solar project for the underground solar infrastructure.  $160,000 will transferred from Measure M Financial Reserve for the hazardous soils removal. 

Based on a check of the required documents of the bid package, the District verified that the bid meets the requirements of Public Contract Code and recommends the lowest responsive, responsible bidder F&H Construction to the Board of Trustees.

Current Budget Summary

Revised Budget Summaries

The Board received for information the Williams Uniform Complaints (including Valenzuela Settlement requirements) Quarterly Report for the period April-June 2012. The  District did not have any complaints. 

Miscellaneous receipts in the amount of  $9,852,587.90 has been deposited in the Treasury of Alameda County.

Trustee James commented that he attended the SLED 100 fundraising event and announced that Drowning Darryls swim team were the winners of the South Division.

Trustee Prola invited the Board to the San Leandro Arts Festival at Casa Peralta, this Saturday, 11:00-4:00 p.m. and Sunday, 11:00-3:00 p.m. and admission is free.  She asked for and received consensus to have the Curriculum Committee work with Assistant Superintendent Debbie Wong to review the consistency and time spent on the elementary science program at  the school sites.

Trustee Sullivan commented on an e-mail from Jerome Wiggins, County School Boards, regarding the appointment, and role of the California Interscholastic Federation (CIF) representatives.  He posed the following questions, "Who are San Leandro Unified's league reps"; "How often do these reps report information to the Board"; "Does the Board receive adequate information about league, section, and state-wide issues"; "Has the District established league criteria and process for league representatives"; and "Do league reps have a clear vision of District and school goals for their athletes and coaches"? Superintendent Cathey explained that every year the high school selects representatives, noting that the Principal and the two Athletic Directors are the current representatives. The Board is not involved in the selection process.  Trustee Sullivan will forward Mr. Wiggins' e-mail to the Superintendent. Trustee Sullivan announced that she has decided not to run for reelection this November, stating that this was a very difficult decision for her to make.

Trustee Almonte commented on an e-mail recently sent by Hendy Huang asking him to follow-up on summer assignments for AP students and the first day of school testing schedule. Trustee Almonte offered two suggestions: 1) For the Superintendent to respond to Mr. Huang's e-mail;and 2) For the Curriculum and Policy committee to revisit the policy related to AP summer assignments and the testing schedule.

Trustee Mack-Rose thanked those who attended the San Leandro Education Foundation (SLED) 100 fundraising event held at Councilmember Gregory's home on Wednesday, June 27, adding that Westlake Development Partners generously donated $10,000. Trustee Mack-Rose also announced that she would not be seeking Board reelection and was considering pursuing the vacant City Council seat in District 2.

• Special Board Meeting - July 31, 2012
• Regular Board Meeting - August 7, 2012
• Regular Board Meeting - August 21, 2012
• Regular Board Meeting - September 5, 2012 (Wednesday)
• Special Board Meeting - September 11, 2012 (District Office)
• Regular Board Meeting - September 18, 2012
• Regular Board Meeting - October 2, 2012
• Tentative Board Meeting/Work Session - October 9, 2012 (District Office)
• Regular Board Meeting - October 16, 2012
• Regular Board Meeting - November 6, 2012
• Tentative Board Meeting/Work Session - November 13, 2012
• Regular Board Meeting - December 4, 2012
• Special Board Meeting - December 11, 2012 (District Office)
• Regular Board Meeting - December 18, 2012 (if needed)
• Regular Board Meeting - January 15, 2013
• Regular Board Meeting - January 29, 2013
• Regular Board Meeting - February 5, 2013
• Tentative Board Meeting/Work Session (District Office)
• Regular Board Meeting - February 26, 2013
• Regular Board Meeting - March 5, 2013
• Special Board Meeting - March 12, 2013 (District Office)
• Regular Board Meeting - March 19, 2013
• Regular Board Meeting - April 2, 2013
• Regular Board Meeting - 16, 2013
• Regular Board Meeting - May 7, 2013
• Tentative Board Meeting/Work Session - May 14, 2013 (District Office)
• Regular Board Meeting - May 21, 2013
• Regular Board Meeting - June 4, 2013
• Regular Board Meeting - June 18, 2013
• Special Board Meeting - June 25, 2013 (District Office)

• Special Board Meeting - July 31, 2012
• Regular Board Meeting - August 7, 2012
• Regular Board Meeting - August 21, 2012
• Regular Board Meeting - September 5, 2012 (Wednesday)
• Special Board Meeting - September 11, 2012 (District Office)
• Regular Board Meeting - September 18, 2012
• Regular Board Meeting - October 2, 2012
• Tentative Board Meeting/Work Session - October 9, 2012 (District Office)
• Regular Board Meeting - October 16, 2012
• Regular Board Meeting - November 6, 2012
• Tentative Board Meeting/Work Session - November 13, 2012
• Regular Board Meeting - December 4, 2012
• Special Board Meeting - December 11, 2012 (District Office)
• Regular Board Meeting - December 18, 2012 (if needed)
• Regular Board Meeting - January 15, 2013
• Regular Board Meeting - January 29, 2013
• Regular Board Meeting - February 5, 2013
• Tentative Board Meeting/Work Session (District Office)
• Regular Board Meeting - February 26, 2013
• Regular Board Meeting - March 5, 2013
• Special Board Meeting - March 12, 2013 (District Office)
• Regular Board Meeting - March 19, 2013
• Regular Board Meeting - April 2, 2013
• Regular Board Meeting - 16, 2013
• Regular Board Meeting - May 7, 2013
• Tentative Board Meeting/Work Session - May 14, 2013 (District Office)
• Regular Board Meeting - May 21, 2013
• Regular Board Meeting - June 4, 2013
• Regular Board Meeting - June 18, 2013
• Special Board Meeting - June 25, 2013 (District Office)

The meeting was adjourned at 9:20 p.m.