The meeting was called to order by Trustee Katz-Lacabe at 6:00 p.m.  It was noted that all Board members were present with the exception of Trustee L?pez.

There were no public comments regarding Closed Session items.

The Board recessed into closed session at 6:01 p.m.

Pursuant to Government Code Section 54954 et seq. and 54956.95.  Personal injury claim filed by Joshua Adriano against San Leandro Unified School District

The Board reconvened to open session at 7:00 p.m.  

Trustee Katz-Lacabe led the Pledge of Allegiance to the Flag.

It was the consent of the Board to move the Reorganization of the Board to the end of the agenda. With that amendment, the agenda was approved.

Approve the Regular Board meeting agenda for December 11, 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)).

Jon Sherr, President of the San Leandro Teachers' Association (SLTA), on behalf of SLTA, welcomed the new and returning Trustees, stating that SLTA is looking forward to a great collaboration with Board and the District.  Thank you and good luck!

Evelyn Gonzalez the District's Recreation and Parks Commission representative introduced herself and congratulated the new (and re-elected) Board Trustees before giving a brief overview and introduction to the new Board members on the Recreation & Parks Commission.  

The Commission is under Department of Recreation and Human Services, which is comprised of two divisions: (1) Human Services, which has three commissions (Human Services Commission, Senior Commission,Youth Advisory Commission) and (2) Recreation, which has one commission, Recreation and Parks.  Ms. Gonzalez also reported that the City of San Leandro has 23 parks and facilities, noting that Marina Park is undergoing some renovations including the irrigation. 

Assistant Superintendent Song Chin-Bendib and Fiscal Director Marites Fermin, presented the First Interim Report for the 2012-2013 Fiscal Year, which includes fiscal years 2013-14 and 2014-15. The presentation included fiscal information that was presented to the Finance Committee on December 3, 2012, and the fiscal impact of Proposition 30 and Measure L.  

The Assistant Superintendent explained that in compliance with Education Code EC 42131(a) (1) requirements, Assembly Bill (AB) AB1200, and AB 2756, the Business Services Department has prepared the 2012-2013 First Interim Report.  The First Interim Report is the financial update of the 2012-2013 Adopted Budget approved by the Board on June 26, 2012.  The report is required to be approved by the governing board no later than 45 days after the close of the reporting period (October 31) to determine whether or not the District is able to meet its financial obligations.

For the fiscal year 2012-2013 First Interim Report, San Leandro Unified is certifying a positive certification, and the Business Services staff has prepared the First Interim Report along with assumptions from the Alameda County Office of Education (ACOE) and the School Services of California (SSC), Inc.  Dartboard which provides school districts critical economic indicators of budget projections. Highlights of the presentation included:

• The First Interim Report projected ending Fund Balances after designations for 2012-2013 and two subsequent years.  The unrestricted ending fund balances include Tier III Flexibility funds that have been swept/approved by the Board.  Any unswept or unapproved funds have been accounted for in a separate account and are not included in these balances.

* These balances do not include the 3% required reserve but is maintained separately in Fund 17 (a separate Fund).

Major assumptions that have been applied toward the 2012-2013 First Interim Report:

1. 1. Revenue Limit statutory Cost Of Living Adjustment (COLA) = 3.24%
   2. Revenue Limit deficit factor  = 22.272%
   3. Measure L Parcel tax: estimated amount of $2.4 million beginning 2013/14 fiscal year; the Measure is for five years
   4. State categorical and Special Ed COLA  = 0%
   5. Mandated Cost Block grant received only for 2012/13. No revenue has been budgeted in subsequent fiscal years
   6. Decline of ADA in 2012-13: 101.65 ADA for both  2013-14 and 2014-15 =  $816,112 (Net of 2.8 less FTEs due to fewer students)
   7. Reduction of COLA from 2.5% to 2.0% in 2013/14 and from 2.7% to 2.3% in 2014/15 = $394,985
   8. Additional Special Education encroachment from increased NPS at $700,000; estimated for 2012/13 only
   9. $855/FTE to be paid starting February 2013 towards health and welfare benefits. This is per MOU with some bargaining units if Base Revenue Limit (BRL) remains at or above the 2011-2012 figure.

Assistant Superintendent Chin-Bendib also reported that the State of California is finally showing some signs of economic recovery. On November 30, 2012, the Department of Finance announced that due to improved state cash flow, the state would be able to pay back the $1.9 billion deferral payment due in January 2013, one month early, in December 2012. In addition, the state will be able to eliminate the $900 million March 2013 deferral entirely. Although this early payment does not impact our Fund Balance, it will help cash flow tremendously, i.e. the District may not have to borrow to pay its bills in the future. This is not new money for 2012-2013.

The Board thanked staff for the thorough presentation. Questions raised by the Board were clarified by staff.

Assistant Superintendent Song Chin-Bendib and Fiscal Director Marites Fermin, will present the First Interim Report for the 2012-2013 Fiscal Year, which includes fiscal years 2013-14 and 2014-15. Included in the presentation will be fiscal information that was presented to the Finance Committee on December 3, 2012, including the fiscal impact of Proposition 30 and Measure L along with any other relevant information since the meeting.

PUBLIC COMMENT

Carol Delton, representing the San Leandro Teachers Association (SLTA) on budget and finance, provided clarifying information to the Board regarding what the assumptions mean to the District. 

Following Ms. Delton's comments, the Board approved the positive certification of the First Interim Report for 2012-2013 which includes Fiscal Years 2013-2014 and 2014-2015 as required by Assembly Bills 1200 and 2756. 

In compliance with Education Code EC 42131(a)(1)  requirements, Assembly Bill (AB) AB1200, and AB 2756, the Business Services Department has prepared the 2012-2013 First Interim report which includes fiscal years 2013-14 and 2014-15.  The First Interim Report is the financial update of the 2012-2013 Adopted Budget approved by the Board on June 26, 2012.  The report is required to be approved by the governing board no later than 45 days after the close of the reporting period (October 31^st) to determine whether or not the district is able to meet its financial obligations. The following certifications may be assigned:

• Positive:  assigned to any district that based on current projections will meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Qualified:  assigned to any district that based on current projections may not be able meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Negative:  assigned to any district that based on current projections will not be able to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.

For the fiscal year 2012-2013 First Interim Report, San Leandro USD is certifying a positive certification. Business Services staff has prepared the First Interim Report, along with assumptions from the Alameda County Office of Education (ACOE) and the School Services of California (SSC), Inc. Dartboard which provides school districts critical economic indictors for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover.

Below are the First Interim Report projected ending Fund Balances after designations for 2012-2013 and two subsequent years. The unrestricted ending fund balances include Tier III Flexibility funds that have been swept/approved by the Board. Any unswept or unapproved funds have been accounted for in a separate account and are not included in these balances.

Below are the First Interim Report projected ending Fund Balances after designations for 2012-2013 and two subsequent years:

* These balances do not include the 3% required reserve but is maintained separately in Fund 17 (a separate Fund).

The following major assumptions have been applied toward the 2012-2013 First Interim Report:

1. Revenue Limit statutory Cost Of Living Adjustment (COLA) = 3.24%
2. Revenue Limit deficit factor  = 22.272%
3. Measure L Parcel tax: estimated amount of $2.4 million beginning 2013/14 fiscal year; the Measure is for five years
4. State categorical and Special Ed COLA  = 0%
5. Mandated Cost Block grant received only for 2012/13. No revenue has been budgeted in subsequent fiscal years
6. Decline of ADA in 2012-13: 101.65 ADA for both  2013-14 and 2014-15 =  $816,112 (Net of 2.8 less FTEs due to fewer students)
7. Reduction of COLA from 2.5% to 2.0% in 2013/14 and from 2.7% to 2.3% in 2014/15 = $394,985
8. Additional Special Education encroachment from increased NPS at $700,000; estimated for 2012/13 only
9. $855/FTE to be paid starting February 2013 towards health and welfare benefits. This is per MOU with some bargaining units if Base Revenue Limit (BRL) remains at or above the 2011-2012 figure.

The State of California is finally showing some signs of economic recovery. On November 30, 2012, the Department of Finance announced that due to improved state cash flow, the state would be able to pay back the $1.9 billion deferral payment due in January 2013, one month early, in December 2012. In addition, the state will be able to eliminate the $900 million March 2013 deferral entirely. Although this early payment does not impact our Fund Balance, it will help our cash flow tremendously, i.e. the District may not have to borrow to pay its bills in the future. This is not new money for 2012-2013.

As the new officers had yet to been elected, there was not a Correspondence Report. 

Superintendent Cindy Cathey acknowledged the hard work of the Keep the Music Rockin Foundation, stating that the December 6, Holidays with Lenny Williams Benefit Concert was fabulous, adding that "people were dancing in the aisles."  

The Superintendent will be attending a Community Schools meeting in Oakland on Tuesday, December 18.  She also reminded the Board that the District Office, along with the school sites, will be closed for Winter Break from December 24-January 4.

Carol Delton, San Leandro Teachers' Association, spoke about RIF notices, noting that all the RIF notices that were issued last year have been recalled.  She asked the Board to make a commitment and not issue RIFs, thus avoiding unnecessary worry and stress for their members.

Trustee Prola reported that the Facilities & Technology Committee met on December 5 and heard a status report on the portables at Washington Elementary School, and discussed the exterior colors for the San Leandro High School swim center building, student drop off area at Wilson Elementary School and transportation of sports teams during the construction of the San Leandro High School fields and Burrell projects. 

Trustee Katz-Lacabe reported that the Governing Board of the Eden Area ROP met on December 6 where they approved the Contract for Youth Enrichment Services Collaborative Grant for the 2012-2013 school year and the First Interim Budget Report for 2012-2013. He also said that Arroya High School student Luz Yanez was selected as Student of the Month for November.

The Board approved the Consent Items.

As required for a district in Program Improvement Year 3 Corrective Action, in June 2012, the District contracted services with Napa, Solano, Contra Costa (NSCC) Educational Support Team Services as our District Assistance Intervention Team (DAIT) for technical assistance to revise the Local Education Agency (LEA) Plan submitted March 10, 2012. With this agreement, NSCC must monitor progress along our LEA Plan. The scope of work included technical assistance for the state monitoring reports, five monitoring sessions at every school site throughout the school year, and review and rate LEA action steps.  For the past two months, the DAIT team has been conducting classroom visitations in our schools with the outcome to strengthen classroom instruction and show progress along the LEA Plan.

The DAIT team has recommended a mathematics institute for San Leandro High School Math Department to engage the teachers and site administrators in strengthening mathematics instructional practice, understanding the most recent research on mathematics, and engaging in the upcoming mathematics common core state standards.  The 1-day Mathematics Institute would take place on campus on Tuesday, December 18, 2012.  Two members from the DAIT team will plan with the site and district and facilitate the institute. This additional support would be an amendment to the June 2012 contract in the amount of $4,800, which will include the planning and preparation time, materials and facilitation.  

Education Code: 56365(a) Education Code: 56361(3) Education Code: 56366

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

The Board of Education previously approved SIM Architects, through a Request for Qualifications (RFQ) process, to be placed in an Architectural Pool for use on selected projects as identified through the local Measure B Bond. Their original contract was approved by the Board on February 19, 2008, to provide renovation and upgrade design services for Wilson Elementary School.

Amendment #1 to The SIM Architects agreement to provide Alameda County Health Department required upgrades to the Wilson Kitchen was approved by the Board on June 21, 2011.

Amendment #2 was Board approved on October 19, 2011, for the Madison ES Modernization, HVAC, Roofing, Restroom, Generator, Ramp, etc. project from Measure B Savings.

Amendment #3 was Board approved on August 8, 2012, for the Muir MS and Wilson ES Modernization project from Measure B Savings.

This amendment #4 provides for the architectural services for the seismic upgrades and window replacements at Madison Elementary School.

Amendment #4 will provide for design of the improvements with construction document review and approval by DSA as well as construction administration through construction and project closeout.  Construction cost estimates will be provided during the design.

Contract and Fee Summary

The Board of Education previously approved AEDIS Architects, through a Request for Qualifications (RFQ) process, to be placed in an Architectural Pool for use on selected projects as identified through the local Measure B Bond.  The original Contract was entered into on September 6, 2007, between AEDIS Architects and San Leandro Unified School District to provide architectural design services for painting and lighting modernization at San Leandro High School (SLHS), McKinley, Roosevelt, and Washington Elementary Schools.

Subsequently The Board approved:

• Amendment #1, in the amount of $470,654, on  November 6, 2007, which added modernization at Bancroft Middle School to the scope of the contract.
• Amendment #2, in the amount of $121,532, on December 14, 2010, which added classroom painting and lighting upgrades at Garfield and Monroe Elementary Schools.
• Amendment #3, in the amount of $18,810, on January 24, 2012, which added classroom painting and lighting upgrades at Washington Elementary School to Include Buildings C & E.
• Amendment #4, in the amount of $389,562, on August 7, 2012, which provides architectural design services for window, skylight, seismic and exterior door repair and or replacement at San Leandro High School as well as the replacement of portable classrooms in building C and E at Washington Elementary School.

After exploring a potential opportunity to replace portable classrooms with another district?s stockpiled modular buildings, staff recommends investing in modular classrooms as a better investment for the District. Currently, we have $2.3 million in the budget for the portable classrooms replacement.  For an additional $750,000 taken from the Measure B financial reserve, the District could purchase and install modular classroom buildings at Washington Elementary School instead of portables, as originally designed.  Moving from portables to modular buildings would have many benefits, including more than doubling the life of the buildings:

Contract and Fee Summary

1. Approve the Budget Increase of $750,000, from $2,300,000 (original estimate if modulars were purchased through units stockpiled from another district) to $3,050,000, for the Washington Elementary School Classrooms Replacement Project
2. Approve the authorization to enter into a Piggy Back Agreement with American Modular Systems (AMS) for up to $1.5 million (included in the $3,050,000 budget).

On July 10, 2012, the Board of Education reviewed and then on August 21, 2012, approved the Measure B Savings Projects, which included the Washington Elementary School Portable Classroom Replacement project in the budgeted amount of $2,300,000.

On August 7, 2012, the Board approved AEDIS Amendment #4 that included architectural design services for the replacement of portable classrooms in buildings C and E at Washington Elementary School.

In an effort to maximize resources, staff has explored a potential opportunity to replace the existing portable classrooms with another school district?s stockpiled modular buildings. Although this opportunity did not work out, it did in effect create an expanded programming phase to this project.

This extensive and time consuming programming exercise, allowed the team to fine tune the District and the school site?s facility requirements, along with the associated costs that would be incurred to upgrade the new classrooms from portable construction to modular construction. 

The extensive programming phase was beneficial as it allowed the team to review the schematic assessment with the architect, which resulted in the reduction of the projected cost of $1m down to $750k.  This additional investment would increase the expected usable life of the replacement classrooms from 25-30 years to 50 years because of the upgrade from portable to modular construction.

However, at this point all extra time in the project delivery schedule has been exhausted. To avoid any potential delays to opening these classrooms for students and teachers in August 2013, the District will need to take action in December 2012, to enter into and order the fabrication of new classrooms.

Based upon this information, staff and the team recommend investing additional funds in the amount of $750,000 to construct the replacement classrooms using a modular type construction. 

Currently, $2.3 million is allocated in the budget for the portable classroom replacements, however staff is recommending an increase to the current budget in order to invest an additional $750,000 for modular classrooms. The additional cost of $750,000 is recommended to be taken from the Measure B Financial Reserve.

For the modular classroom buildings, AEDIS Architects and staff are recommending the utilization of a State approved and established procurement and delivery method, commonly referred to as ?piggyback contract?. For the purchase and installation of modular classroom buildings, this delivery method allows relatively rapid procurement, fabrication, delivery and installation of replacement classrooms at Washington Elementary School over the 2013 summer break, at a competitive price.

Piggyback contracting method can be used to procure equipment and modular classroom buildings. An original awarding agency issues bid documents, advertises, and receives competitive bids. In those bid documents there is clause that allows follow-on awarding agencies across the state to, in effect, write a change order to that original contract and receive the same competitive pricing. In addition to knowing the pricing ahead of time, the other main advantage is that the original awarding agency has already satisfied all the bid advertising, notifications and other requirements of Public Contract Code. This saves time and allows factory fabrication to start earlier.

In this case, there is a current competitively bid contract between American Modular Systems Inc. and the Biggs Unified School District (BUSD) High Performance Facilities Contract approved by BUSD on 12/13/11, and this is now available for the San Leandro Unified School District to use for the purchase and installation of the modular buildings. On December 13, 2011, the Board of Trustees of the BUSD approved awarding the High Performance Facilities Contract for new modular classroom buildings and site work.

Below is a table outlining the budget increase calculation:

Breakdown of Budget Increase Request Calculation

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

The Board approved the recommendation for Readmission from Expulsion for Student E12-11/12.

Approve the recommendation from the Director of Student Support Services for readmission from expulsion for student E12-11/12, who has satisfactorily completed the rehabiliation plan and is eligible for return to a comprehensive program.

In accordance with CSBA Bylaws, CSBA does not pay travel expenses associated with Delegate Assembly meetings.  

Trustee Prola indicated that she would like to continue as the California School Board's representative. As there were no other interested Trustees, the Board took action and approved the nomination of Diana Prola for the term beginning April 2, 2013, through March 31, 2015, by the following vote. 

The Board will discuss and consider nominating interested candidates to the California School Boards Association (CSBA) Delegate Assembly for the term beginning April 1, 2012, through March 31, 2015.

Non Applicable

None

CSBA's Delegate Assembly is a vital link in the association's governance structure.  Working with local districts, county offices, the Board of Directors and the Executive Committee, Delegates ensure that the association reflects the interest of school districts and county offices of education throughout the state.  Nomination and Candidate Biographical Sketch forms for CSBA's Delegate Assembly are now being accepted until Monday, January 7, 2013. Key points:

• Any CSBA member board is eligible to nominate board members within their geographical region or subregion
• Boards may nominate as many individuals as they choose by using the nomination form
• Approval from the board member to be nominated CSBA's Delegate Assembly is required
• All nominees must submit a required one-page, single-sided, candidate biographical sketch form and an optional one-page, one-side r?sum?, (the r?sum? cannot be substituted for the candidate biographical sketch form)
• All nomination materials must be postmarked or faxed no later than Monday, January 7
• Delegates serve two-year terms.  Those elected in 2012 will serve beginning April 1, 2013 through March 31, 2015
• There are two required Delegate Assembly meetings each years, one in May in Sacramento and one preceding the CSBA Annual Education Conference and Trade show in November/December

Superintendent Cathey said that with the November 6, 2012, passage of the Measure L Parcel Tax, it is fiscally prudent and common for districts to seek the services for an expert to administer and process both exemptions and to levy the parcel tax. The scope of work incudes such tasks as full services, year-round administration; identifying and verifying all parcels that should be subject to the parcel tax, calculating each parcel tax, determining parcel tax levies, responding to public inquiries and appeals, meeting legal reporting and accountability requirements, liaison with county assessor and county tax collector, etc. 

The Superintendent said that staff is recommending that the Board approve the parcel tax and exemption administration services with  SCI Consulting Group, adding that they have worked with many school districts including: Albany, Alameda, Dublin, West Contract Costa and Davis Joint Unified. 

Following the questions raised, the Board approved the contract between the San Leandro Unified School District and SCI Consulting Group for Measure L Parcel Tax Exemption Administration and Levy for the 2013-2014 through 2015-2016 school years.

Miscellaneous receipts in the amount of $14,083,666.58 have been deposited in the Treasury of Alameda County.

Trustee Katz-Lacabe prefaced the voting by explaining that each Board member received ballots for Board President, Vice-President and Clerk. When the nominations have been completed, the Board member will write down his selection on the appropriate ballot. The ballots will be collected by the Administrative Assistant and read a loud.  It was noted that per the Board Bylaws, "Before serving as Board President, the Trustee must have completed the California School Board Associations' (CSBA) Board President's workshop". 

Trustee Prola was nominated for the Office of President.

Ballots were collected and the votes were read.  Trustee Prola was unanimously elected to the Office of President of the Board of Education for the 2012-2013 school year.

Trustee Toro was  nominated for the Office of the Vice President.

Ballot were collected and read.  Trustee Toro was unanimously elected to the Office of Vice-President of the Board of Education for the 2012-2013 school year.

Trustee Carey was nominated to the Office of Clerk.

The ballots were collected and read.  Trustee Carey was unanimously elected to the Office of Clerk of the Board of Education.

Trustee L?pez congratulated the new officers and thanked staff for the explanation of the budget, adding that she was happy that she attended the Finance Committee meeting prior to the Board meeting which helped her to be better prepared for the discussion on the First Interim Report.  She thanked the community for giving her the opportunity to serve as a Trustee and for the support from the teachers' union. 

Trustee Toro thanked staff for the budget presentation. 

Trustee Carey welcomed the new board members and congratulated the new officers.  He attended the Lenny Williams Concert and it was great, adding that students from the Regional Occupational Program prepared the food for the event.  Friday will be the San Leandro High School Fundraiser at Drakes.  He also announced that he will not be at the January 15 Board meeting. 

Trustee James disclosed that on December 7 he received a DUI, stating, "I must disclose to the Board that I received a DUI Friday night.  I made a poor decision and am paying the price. This is teaching me to slow down and make better judgments."  "I assure you that I take my position on the board and in the community very seriously and that nothing like this will happen again."

Trustee Prola thanked for the Board for the confidence in electing her President.  She asked for consensus to schedule a Board retreat; however, it was noted that consensus was received at the last meeting.

Trustee Rosato thanked the San Leandro Teachers' Association for their overview of the budget and appreciated the "behind the scenes" work.

Trustee Katz-Lacabe welcomed the new Trustees and is looking forward to working together. For the benefit of the new trustees, he reiterated a concern that he has mentioned before with regards to reducing the size of the Board from 7 to 5 members.

Following Board member comments, the Board adjourned into closed session at 8:21 p.m.

• Regular Board Meeting - December 18, 2012 (cancelled)
• Regular Board Meeting - January 15, 2013
• Regular Board Meeting - January 29, 2013
• Regular Board Meeting - February 5, 2013
• Tentative Board Meeting/Work Session - February 12, 2013 (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 - April 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)

• Regular Board Meeting - December 18, 2012 (cancelled)
• Regular Board Meeting - January 15, 2013
• Regular Board Meeting - January 29, 2013
• Regular Board Meeting - February 5, 2013
• Tentative Board Meeting/Work Session - February 12, 2013 (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 - April 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 Board reconvened to open session at 9:14 p.m., where no action was taken. 

The meeting was adjourned at 9:15 p.m.