The Board returned to open session at 7:07 p.m. with the Pledge of Allegiance to the Flag.

Approval of the regular meeting agenda of August 16, 2011

Members of the audience, who wish to address the Board,  please complete the yellow card available at the entrance and submit it to the board's Administrative Assistant.  Cards are to be turned in before the item is reached on the agenda.

Daniel Chaja, Assistant Director of Research and Program Evaluation, presented the student achievement results from our Standardized Testing and Reporting (STAR) California Standards Test (CST) that were administered in Spring 2011. The presentation also included summary data recently released related to Graduation and Dropout Rates. The data presented is Part I of a three-part Student Achievement Data series.

Student Achievement Data Report Part I: Standardized Testing and Reporting (STAR)

Daniel Chaja, Assistant Director of Research and Program Evaluation, will present the student achievement results from our Standardized Testing and Reporting (STAR) California Standards Test (CST) that were administered in Spring 2010.  The presentation will include: District level and school specific results for English Language Arts, Mathematics, Science, and History/Social Science.  The presentation will show the STAR results by race/ethnicity and English learners. It will also included summary data recently released related to Graduation and Dropout Rates.  This presentation reflects Part I of a three-part Student Achievement Data series.

Assistant Superintendent of Business and Operations, Song Chin-Bendib, provided a presentation to the Board regarding highlights of the 2011-2012 budget that the Governor has approved and the specific impact to the San Leandro Unified School District. The presentation included information about the "trigger" provision included in the Governor's budget.  If revenues fall short of projections, automatic spending reductions are triggered in the following order as of January 1, 2012:

• Less than $1 billion below forecast -  no changes are required
  • State will deplete reserves & carry deficit into 2012-13 - No mid-year cuts
• Tier I Cuts: Between $1 billion and $2 billion below forecast
  • $23 million across-the-board cuts to child care
  • $30 million reduction to community colleges, accompanied by a $10 increase to student enrollment fees
  • Reductions to other state-funded programs, including higher education, totaling $548 million
• Tier II Cuts:
  • More than $2 billion below forecast
    • All Tier I cuts are implemented
    • Up to 4% reduction to reserve limits -$1.5 billion
  • Authorize reduction in the 2011-12 school year of up to 7 days, in addition to the 5 days authorized by current law
    • Effective February 1, 2012
    • Shorter school year is subject to collective bargaining and must be implemented by the end of the school year in order to capture the savings
  • Estimated at $260/ADA for Unified School District
  • SLUSD impact approximately $2.2 million 

Following the presentation, Trustee Carey said that while the Board and District continues to plan for the worst, there seems to be no bottom in sight; and Trustee Sullivan noted that districts are expected to increase educational outcomes for students with no money and only a few days until the beginning of the school year.  President Mack-Rose said that it was important to begin discussions with bargaining units sooner rather than later. She added that important conversations with the public about a parcel tax need to begin.

2011-2012 Budget Update

The Governor has approved the 2011-2012 Budget. Assistant Superintendent of Business and Operations, Song Chin-Bendib, will provide a presentation to the Board regarding highlights of his budget and the specific impact to the San Leandro Unified School District. The presentation will include information about the "trigger" provision as included in the Governor's budget.

Trustee Almonte reported receipt of the following emails from August 2, 2011-August 15, 2011: From the San Leandro Education Foundation regarding "Drake's on August 5", Drakes' fundraiser today!", "Don't forget this Saturday is "Showcase San Leandro", "Help a teacher bring new materials to our schools," and "Showcase San Leandro Tomorrow!"; from CSBA, "Fluor urges repeal of state education budget elements", "CA school news: Directors at Large nominations are due on September 30th", and "This month at CSBA: Save $100, register for free webinars, meet our staff and more"; from Jason Overman regarding "Re: Your ticket for tomorrow";from Dana Tom regarding "API Director at Large - AB 1088"; from Martha Fluor regarding "A message from CSBA President", and "CSBA invites you to AEC"; from Nancy Merritt regarding "Japanese Lantern Ceremony, Berkeley"; from Nicolas Evans two emails regarding "Message from Board Member Betty Yea"; from Oakland Asian Cultural Center regarding "Help OACC raise $3,400 by 8/20 to support a new work by Jay Loyala!; from Filipino Americana Book Festival regarding "You're Invited! Filipino American Writers Speak on Facing Adversity (8/13)"; from Senator Ellen Corbett regarding "The importance of California's Clean Energy Jobs"; from Rick Richards regarding "Keep Music Rockin' Foundation Update"; and from Cynthia Vincent regarding "Agency wins award for finance reporting.

Superintendent Cathey provided the following report:

• She attended the San Leandro Sports Foundation Spaghetti Feed where it was estimated that over 400 people were in attendance.
• She also attended the Friends of the Theater/San Leandro Education Foundation Gala fundraising event on Saturday, August 13. Talent included opera singers, dancers, jazz musicians, puppeteers, snippets from drama production to name a few. She also stated that most of the performers were San Leandro High School alumni. It was an amazing production, and we should all be proud that we have a genuine Arts Education Center with a 550 seat theater as part of our district and community. 
• Preparation for the opening of school on August 24 is underway, and construction is moving along and on target. There have been three days of institutes for our management groups including a half-day session on Thursday, August 11 with the new administrators, and a Leadership Team and All site administrator institute on August 12.  Our theme for this year is "Learning, Leading, Reflecting - Keys to Transformation!"  The Superintendent also has also been attending the new teacher orientations.

On behalf of chair Trustee Prola, Trustee Sullivan reported that the committee met on August 3 and discussed Change Order #1 to Zolman Construction for the Muir Middle School and Wilson Elementary School restrooms, and Change Order #1 to River View for the Wilson Elementary School paint and lights which are on our agenda for consideration tonight. They also discussed the Alameda County Department of Environmental Health requirement to install appropriate sanitary flooring in the Wilson Elementary School kitchen, the contract summary chart for construction contracts $15,000 and under, and the placement and size of the PG&E Donor Plaque for the Arts Education Center. The next meeting will be August 23.

Trustee Almonte reported that the Governing Board met on August 4 and approved bill warrants, personnel action items, Quarterly Report on Williams Act Complaints and Resolutions, overnight field trips for DECA and SkillsUSA for the 2011-2012 school year, course updates for Health Care Technology and Careers, the 2011-2012 school calendar and the 2011-2012 school year calendar of Governing Board meetings.

The following items were pulled from the Consent Calendar:

• N1 - Approval of Minutes - August 2, 2011 (Sullivan) 
• P1 - TeleParent Communication Contract between the San Leandro Unified School District and TeleParent (The Parental Involvement Solutions)Program for the 2011-2013 School Years (Sullivan)
• Q6 - Contract Service Agreement with the ELS Group to work in the Business Services Department for an Amount not to Exceed $10,000 (Mack-Rose for staff)
• Q7 - Contracts $5,000 or Less for Fiscal Year 2011-2012 (Sullivan)

These items are considered routine and may be enacted by a single motion.  At the request of any member of the Board, any items on the consent agenda shall be removed and given individual consideration for action as a regular agenda item.

Approve the minutes of the regular Board meeting held on August 2, 2011.

On December 15, 2009, the Board of Education declared the last Friday of September of each school year as Native American Day. Aligning with our racial equity work, this resolution seeks to acknowledge the sufferings of Indigenous people as well as their important contributions to our world. It seems fitting that a school district such as San Leandro Unified School District (SLUSD) should recognize indigenous people in a small way. SLUSD has become a leader in recent years for its work on Equity for all ethnic and racial groups. In addition, the demographics of our city have changed in recent years, so that San Leandro is now one of the most diverse cities of its size in the state. Recognizing Native American Day would empower our community to be an instrument of positive social change, work to expel stereotypes and promote new understandings about indigenous peoples in the greater Bay Area. Such recognition by the schools would affirm the continuation of tribal societies and their values, educate the student body and the public on the necessity of Native wisdom for human survival on this planet, and stress the symbiotic nature of all peoples with the environment in a time when that essential relationship is endangered. Schools will be encouraged to select and use appropriate materials for classroom use. The attached resolution seeks to declare September 30, 2011, as Native American Day.

Trustee Sullivan asked if the company provides a process that confirms or verifies that parents receive the teleparent communications. Staff indicated that they were not sure; however, Trustee Carey stated that when messages are left on the phone number provided by the parent to the school, as they are in this case, the message is considered "complete". Trustee Almonte also noted a clerical error on #9 of the contract "&pendent" should read "Independent". Staff clarified that this was a two-year contract and that because the Fred T. Korematsu campus is coded with San Leandro High, it was not listed separately.

Since 2008-09, the District has contracted with Teleparent, The Parent Involvement Solutions, to provide timely and critical information to families using an automated phone dialer system. The District seeks to continue utilizing this high quality service. The two-year service contract will provide: ?Community Outreach: TeleParent would deliver community messages for all schools. ?Emergency Calling Solutions: TeleParent will contact approximately 3,000 students each minute during emergency situations. ?Smart Attendance Calling: The Smart Attendance Calling service is an automated system that can integrate with the school?s Student Information System to send messages to parents informing them of student tardiness and absences on a schedule defined by the school. Messages can be delivered as a text message, or voice mail to a cell phone or landline phone. The services would be provided to all of the schools in the District. The contract provides for unlimited calls at a fixed price. The details of this agreement are outlined in the attached contract.

As part of the grant application for 21st Century ASSETs funding, SLUSD indicated that it would ?include partners with proven success at maintaining a high level of student engagement.? After internally posting for positions and receiving no response, the District sought out independent contractors to fill unmet needs. Reggie Jones comes to us with a breadth of youth development experience. He has been a program coordinator for UC Berkeley's Academic Talent Development Program for Sports and Fine Arts and led team building facilitation. He will provide a youth development class, music appreciation, and a "wheel" of sports related activities. Reggie will work five days per week for 3.5 hours per day at $26/hour. He will serve up to 20 students in each of the 3 after school periods daily. The estimated cost of his services is $17,290. The contract runs through June 2012.

Ratify July payroll in the amount of $1,687,282.37.

Approve Bill Warrants #8850006190-8850014254 in the amount of $6,044,810.38.

Approve the request for Intra-Budget Revisions and Transfers for July 2011.

In compliance with Internal Revenue Code 3121, San Leandro Unified provides an alternative retirement plan for those not covered by Cal STRS (State Teachers Retirement System) or Cal PERS (Public Employees Retirement System).  The program is from MidAmerica Administrative Solutions and is marketed by Keenan & Associates for government and educational sector employees.  APPLE is an acronym for Accumulation Program for Part-time and Limited-service Employees.  Employees pay 3.75% of their gross wages into APPLE on a pre-tax basis, and this is matched by the district.  Full details on the program can be found at www.midamerica.biz/programs/retirement-plan-solutions/apple-plan/

The District has been offering the APPLE program for more than 15 years. Recently, due to new requirements by the Internal Revenue Service (IRS), Keenan has requested that the Board adopt these amendments. Below are the two amendments.

1. Direct Rollover to Roth IRA

The first amendment is due to changes in the Internal Revenue Code passed as part of the Pension Protection Act of 2006 (PPA).  This amendment makes the IRA plan rollover process easier for those wishing to rollover directly into a Roth IRA.  Previously, investors wishing to do a Roth IRA rollover needed to first roll over distributions into a Traditional IRA and then to a Roth IRA.  Participants in qualified plans, such as 403(b) and governmental 457(b) plans may now directly roll distributions from those plans to Roth IRAs.  This amendment will allow APPLE plan participants to have the direct rollover to Roth IRA.

2. Differential Military pay treated as wages

The second amendment is a provision in the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), which provides enhanced benefits under tax-qualified plans for participants on active military service and their beneficiaries.  The HEART requires plan sponsors to treat differential pay to participants on active military duty as compensation for purposes of determining contributions and benefits under qualified plans.  Prior to the passage of the HEART Act, the IRS viewed differential pay as supplemental income instead of wages, and employers had the option of treating these amounts as eligible retirement plan compensation.  Under the HEART Act, employers now must treat these amounts as eligible retirement plan compensation.  This amendment brings the plan into compliance with the new law.

When adopted, Amendment #1 will be effective for distributions made after December 31, 2010, and Amendment #2 will be effective January 1, 2012.

Staff provided the Board with an Addendum to Appendix "B" of the contract regarding compensation, clarifying that the District shall reimburse the company an hourly compensation rate of $115.00 per hour for services onsite, and for offsite services such as telecommuting/remote, the compensation rate will be $80 per hour. It was also recently learned that this particular Consultant does not have lodging expenses, so the lodging rate of $150 per day of onsite services has been stricken from the contract.

There are critical deadlines in the Business Services Department that cannot be missed under any circumstances. These include: adopted budget, first interim, second interim, and the closing of the books. Currently the department is in the process of closing the books for the 2010-2011 school year. This process takes approximately six weeks to complete which includes complex procedures as it relates to Bond projects. Unfortunately, key personnel in this department have been absent due to confidential personnel matters during the past six weeks, and it is likely that the department will continue to experience staff shortages for the foreseeable future. These absences will make it difficult if not impossible to close the 2010-11 books by the required deadline without additional assistance. 

The District researched available firms and identified the ELS Group as the firm to provide cost-effective and efficient services.  Business Services Department is seeking to secure the expertise of an experienced consultant through the ELS Group to ensure that the department meets required deadlines. 

The ELS Group charges an hourly rate of $115.00 plus travel expenses when needed.  Detailed information is provided under Appendix B along with the contract.

The District is not obligated to expend all of the funds.  

 

Trustee Sullivan asked if the the pre-determined hours include additional hours if needed. Assistant Superintendent Wong explained that normally translations are preformed by an in-house employee, however, when that person is not available, the District uses the translation services which equates to approximately 10 hours for the year.

Renovating restrooms at Muir Middle School was identified in the Measure B language. Jeffery Wong Architects was retained to prepare the design and construction documents for the restroom renovations. 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 entire project is scheduled to be completed during the summer 2011 break when no students are present. 

The Board previously approved the construction contract with Zolman Construction and Development, Inc. on May 3, 2011. 

This CO #1 in the amount of $67,667 is an 8.9% increase to the prior construction contract amount of $764,000. This CO #1 is within the construction change order contingency budget of $76,400.

CO#1 Summary

Contract Summary

Budget Summary

Renovating restrooms at Wilson Elementary School was identified in the Measure B language.  SIM Architects was retained to prepare the design and construction documents for the restroom renovations.  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 entire project is scheduled to be completed during the summer 2011 break when no students are present.

The Board previously approved the construction contract with Zolman Construction and Development, Inc. on April 19, 2011.

Over the past year the District has received notification from the County of Alameda Department of Environmental Health (CADEH) that Wilson?s outdated kitchen was in violation of current code because of the absence of a three compartment sink and a dedicated hand wash sink and that this violation needed to be corrected.

On June 21, 2011, the Board approved SIM Architects to design the required modifications.  During the design review by CADEH the requirement of replacing the existing vinyl composition tile flooring with an appropriate sanitary product was added.  This CO adds the kitchen sinks and flooring modifications to the Zolman restroom renovation contract.

Since these three compartment sinks and a dedicated hand wash sink are equipment used by the Food Services department, the funding to pay the cost will come from the Food Services budget.  The Food Service funds allow expenditures for fixtures, furnishings, and equipment (FF&E). The exception is the flooring which is a permanent modification of the building and therefore will be funded by Measure B savings.

This Change Order (CO) #1 in the amount of $72,180 is a 9.8% increase to the prior construction contract amount of $735,000.  The project is within the new budget which includes the Food Service and Measure B savings funds.

CO#1 Summary

Contract Summary

Budget Summary

Classroom painting & new lighting at Wilson Elementary School was identified in the Measure B language.  SIM Architects was retained to prepare the design and construction documents for the painting and lighting.  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 entire project is scheduled to be completed during the summer 2011 break when no students are present.

The Board previously approved the construction contract with River View Construction Inc. on April 19, 2011.

This CO #1 in the amount of $23,751 is a 3.5% increase to the prior construction contract amount of $673,000.  The change order is within the construction change order contingency of $67,820

CO#1 Summary

Contract Summary

Budget Summary

Renovation of the CTE Center, Shop Building, was identified in the Measure B language. AEDIS Architects was retained to prepare the design and construction documents for the renovation.  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 project is scheduled to be completed during the next two years.  Work began during the 2010 summer break when no students were present.  The renovation will include structural improvements, restrooms, new shop equipment, lighting, roofing, and painting.

The Board previously approved the construction contract with D.L. Falk Construction Inc. on April 14, 2010.

Subsequently the Board approved:

• Change Order (CO) #1 on December 7, 2010, in the amount of $57,695.
• CO #2 on January 11, 2011, in the amount of $20,424.
• CO #3 on February 8, 2011, in the amount of $30,672.
• CO #4 on April 19, 2011, in the amount of $144,251.
• CO #5 on July 19, 2011, in the amount of $101,496.
• CO #6 on July 19, 2011, in the amount of $88,980.
• CO #7 on August 2, 2011, in the amount of $93,104.

This CO #8 in the amount of $53,771 is a 1.1% increase to the prior construction contract amount of $4,980,622.  The project remains substantially below the construction budget of $6,501,349.

CO #8 Summary

Contract Summary

Budget Summary

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

Senior Director II John Thompson explained that the Memorandum of Understanding for this action item and the next agenda item T2 with SLMA will alter the work year calendar for the California School Employees' Association-Chapter 94 (CSEA) and the San Leandro Managers' Association (SLMA) work calendar, leaving one remaining furlough day on the work calendar. This action will bring their agreements in-line with the San Leandro Teachers' Association agreement to have one furlough day.

These items are intended to keep the Board informed on various District business matters which do not require action by the Boad.

Miscellaneous receipts in the amount of $8,096,104.32 have been deposited in the Treasury of Alameda County.

Trustee Sullivan attended the Summer School Graduation. Staff also confirmed there would not be a Special Board meeting on August 31.

Trustee Almonte, in partnership with the Lions Club of San Leandro and Mercy Housing, extended an invitation to the "First Annual Pancake Breakfast in Support of Students". Invitations were distributed to the Trustees. 

Trustee Carey attended the recent Drakes fundraiser.  He also expressed his appreciation to staff for all of their work on the presentation, adding that it is amazing the work that is done with the limited resources provided. 

Trustee Katz-Lacabe commented that he is looking forward to the start of school next week. He commented that the Whopping Cough vaccine deadline has been extended and encouraged the District to continue their communication to parents as students come to register for school and once school starts.  He attended the San Leandro Sports Foundation spaghetti fundraiser.  

Trustee Mack-Rose commented that she too is gearing up for the first day of school.  She visited Washington Elementary and learned that nearly all staff is voluntarily coming in on Friday for site professional development relating to their instructional focus plan. She appreciated that all of the special board meetings were added to the agenda; however, asked that the Joint City Council/District meeting on September 12 be added.  The Superintendent will confirm that the meeting will be at the San Leandro Main Library. 

• Regular Board Meeting ? Wednesday, September 7, 2011
• Special Board Meeting ? September 13, 2011
• Regular Board Meeting ? September 20, 2011
• Regular Board Meeting ? October 4, 2011
• Tentative Board Work Session - October 11, 2011
• Regular Board Meeting ? October 18, 2011
• Regular Board Meeting ? November 1, 2011
• Tentative Board Work Session - November 8, 2011
• Regular Board Meeting ? November 15, 2011
• Regular Board Meeting ? December 6, 2011
• Special Board Meeting ? December 13, 2011
• Regular Board Meeting ? January 10, 2012 
• Tentative Board Work Session - January 17, 2012 
• Regular Board Meeting ? January 24, 2012
• Regular Board Meeting ? February 7, 2012
• Tentative Board Work Session - February 14, 2012
• Regular Board Meeting ? March 6, 2012
• Special Board Meeting ? March 13, 2012
• Regular Board Meeting ? March 20, 2012
• Regular Board Meeting ? April 3, 2012
• Regular Board Meeting ? April 17, 2012
• Regular Board Meeting ? May 1, 2012
• Tentative Board Work Session - May 8, 2012
• Regular Board Meeting ? May 15, 2012
• Regular Board Meeting ? June 5, 2012
• Regular Board Meeting ? June 19, 2012
• Special Board Meeting ? June 26, 2012