1.04 Addition of Agenda Item under the President's Report
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1 Donald Ruhstaller, President Board of Trustees Minutes of the Regular Meeting and Annual Organizational Meeting of the Board of Trustees Wednesday, December 18, 2013 Beverly Holt Boardroom CALL TO ORDER OF OPEN SESSION The regular meeting of the Lincoln USD Board of Trustees was called to order in the Beverly Holt Boardroom on Wednesday, December 18, 2013, 6:05 PM Public Comment on the Closed Session Agenda (6:00 PM) No comments were offered. The Board adjourned to closed session in the Board conference room to discuss the following: a. Public Employee Discipline, Dismissal, Release b. Conference with Labor Negotiator Agency Negotiator: Michele Tatum Employee Organizations: CSEA and LUTA c. Student Matters 20 cases (1) Expulsion of Students (2) Readmission/Admission of Students (3) Settlement Agreement for Student ROLL CALL/ESTABLISHMENT OF QUORUM Trustees Present Susan Lenz, President Donald Ruhstaller, Vice President/Clerk Ted Bestolarides, Member Kathleen Solari, Member Van Ha To- Cowell, Member Albert Liang, Student Member Administrators Present Rebecca Hall Terry Asplund Kelly Dextraze Debbi Holmerud Phyllis Kahl Michele Tatum Lisa Walker Suzanne Fagundes Others Signing In Valerie Maurice Janet Olmstead, LUTA Payton Oliver Devin King Lori Thomas Kenton Shimozaki Stephen Liang Bruce Roberson Tracey Tariska At 7:38 PM, the Board reconvened in open session, conducted roll call, established a quorum, and affirmed that the agenda had been posted according to law. President Lenz led the pledge of allegiance Addition of Agenda Item under the President's Report 1
2 Government Code states that, except in certain specified instances, no action or discussion may be undertaken on any item not appearing on the posted agenda. Because no prior notice would be provided to the public under these unusual circumstances, a board must take care to fully comply with all conditions for any such action. In all cases where a board desires to act on a matter that is not on the regular meeting agenda, a board must first publicly identify the new item prior to discussing it. This means it must state publicly what would be a legally sufficient description of the new item. One of the three approved conditions under which the board may take action is the following: The board members present determine by a majority vote that there is a need to take immediate action and that the need for action came to the attention of the district and the board after the agenda was posted. The Governing Board and District Administration learned on the evening of the meeting that it would be difficult for some members of the Board to meet on January 15, The Board must consider a change in the Board calendar in open session, so this issue had to be discussed at that night s meeting. By the following vote, the Board approved the consent agenda as amended. (Trustee Ruhstaller requested that item 5.03 be moved to the Education Services Report.) Bestolarides Liang 5 0 Yes 2. ANNUAL ORGANIZATIONAL MEETING OF THE GOVERNING BOARD 2.01 Annual Organizational Meeting of the Governing Board Education Code requires the Governing Board of each school district to hold an annual organizational meeting on a day within a 15- day period that commences on the first Friday in December. School districts can comply with the requirements by placing the organizational meeting on a regular meeting agenda if such meeting falls within the 15- day period, as did this regularly scheduled meeting of the Lincoln USD Board of Trustees. The Board elected its officers and subcommittee chairs, and set the time and place for its regularly scheduled meetings for the 2014 calendar year. a. By the following vote, the Board elected Don Ruhstaller as President of the Lincoln Unified Board of Trustees effective immediately through December To- Cowell Solari Yes At this time, Mrs. Lenz passed the gavel to incoming President Ruhstaller. b. By the following vote, the Board elected Kathleen Solari as Vice President/Clerk of the Lincoln Unified Board of Trustees effective immediately through December Bestolarides Lenz Yes c. By the following vote, the Board elected Tom Uslan as Secretary of the Lincoln Unified Board of Trustees effective immediately through December To- Cowell Lenz Yes d. By the following vote, the Board appointed Trustee Van Ha To- Cowell as the Board's
3 representative to the San Joaquin County School Boards Association. Bestolarides Solari Yes e. By the following vote, the Board nominated Trustee Van Ha To- Cowell to continue to serve as a member of the California School Boards Association Delegate Assembly, Region 8. Lenz Liang Yes f. By the following vote, the Board established that the regular meetings of the Board would be held the second and fourth Wednesdays of the month in February, March, May, June, September, and October. One meeting per month will be held in the months January, April, July, August, November and December. Meetings shall begin at 6:00 PM with a closed session of the Board of Trustees directly following Call to Order. The Board will resume in open session at 7:30 PM (unless otherwise posted). Lenz Bestolarides Yes g. By the following vote, the Board appointed Trustees Ted Bestolarides and Kathleen Solari to serve as the Board s representatives on the City of Stockton/ Lincoln USD Board 2x2 Committee effective immediately through December Lenz Liang Yes h. By the following vote, the Board appointed Trustee Ruhstaller as Board Liaison to the Lincoln Council PTA effective immediately through December Lenz To- Cowell Yes i. By the following vote, the Board appointed Trustee Susan Lenz as the Board s representative to the City of Stockton Parks & Recreation Commission. Solari To- Cowell Yes Board Governance Calendar Information only; no action required The Board reviewed and discussed its Governance Calendar for This item will be placed on the January 22, 2014, agenda for further consideration and possible adoption by the Board. 3. COMMUNICATIONS 3.01 Trustee and Superintendent Reports Board members reported on sub- committee meetings, events, or activities they have attended since the last regular Board meeting. 4. CONSENT AGENDA By the following vote, the Board approved the consent agenda as presented. Bestolarides Solari 5 0
4 5. SUPERINTENDENT S CONSENT REPORT 5.01 Minutes of the Regular Meeting of November 13, 2013 Adopted 6. EDUCATION SERVICES CONSENT ITEMS 6.01 Consultant Requests Approved 6.02 Ratification of Consortium on Reaching Excellence in Education, Inc. (CORE) Agreement for Services - Scope of Work #R Approved 6.03 Ratification of WestEd Contract Agreement Record # Ratified 6.04 Amendment 01 to Child Development Contract for the , Resolution Adopted 6.05 Physical Education Exemptions Approved 6.06 Agreement for Legal Services with Mouser Law Firm Approved 7. HUMAN RESOURCES CONSENT ITEMS 7.01 Employment, Resignations, Leaves, Releases, Assignments, and Other Personnel Matters Information only; no action required 7.02 Waiver of Administrative Regulation 4121, Temporary/Substitute Personnel Approved 8. BUSINESS SERVICES CONSENT ITEMS 8.01 Payment Report Approved 8.02 Developer Fees, Resolution Adopted 8.03 Surplus Property Approved 9. PUBLIC COMMENT No comments were offered. 10. PRESIDENT'S REPORT President's Report President Ruhstaller announced that by a 5-0 vote, the Governing Board took action to ratify a settlement agreement with CSEA Gift Report Accepted By the following vote, the Board approved the gift report as presented. Lenz Solari 5 0 Absent Revision of Board Calendar Adopted as presented By the following vote, the Board adopted the revision of the Board Calendar as presented. Bestolarides Lenz 5 0 Absent
5 11. SUPERINTENDENT'S REPORT Student Matters 18 cases President Ruhstaller announced that at the conclusion of the open session agenda, the Board would return to closed session to consider student matters. The Board would return to open session to take action Revisions to Board Policy and Administrative Regulations , Student Athlete Mandatory Random Drug Testing Adopted On September 23, 2013, the Governing Board reviewed the revision to Administrative Regulation , Student Athlete Mandatory Random Drug Testing, and adopted revised Board Policy , Exhibit B, which lists all drugs that may be part of the randomized testing. These revisions were made at the recommendation of the District's new testing agency and our legal counsel. As a result of these changes, the testing protocol switched from urine testing for alcohol to breath testing for alcohol. The testing agency will have results of an alcohol test at the time of testing. Therefore, if a student tests positive for alcohol, the testing agency will have to notify school personnel in order to arrange for the student's safe school- to- home transport. The existing Board Policy and Administrative Regulation stated that administration would not be notified. District Administration revised both to accommodate this one change in practice. As before, no discipline will be attached to any test results. Administrative Regulations are adopted by the Cabinet. However, the proposed revision was presented for the Board's review. By the following vote, the Board adopted revised Board Policy , Student Athlete Mandatory Random Drug Testing, and revised Board Policy , Exhibit A. Bestolarides Solari 5 0 Absent CVRA Waiver Update Information only; no action required On June 26, 2013, The Governing Board adopted Resolution 13-14, Authorizing Request for Waiver of the Requirement that the Establishment of Trustee Areas and Adoption of a "By- Trustee Area" Election Process be Submitted to the Electors. This resolution authorized District Administration to request a waiver of the requirement that the establishment of trustee areas and the adoption of a "By- Trustee Area" election process be submitted to electors. (Education Code sections 5019, 5020, 5021 and 5030) The District desired to have the requested Education Code sections waived because the waiver of these sections would allow the District to successfully adopt trustee areas and establish a by- trustee election process as expeditiously as possible. Under Education Code section 5020, the County Committee would normally call for an election and put the matter to a vote of the District s electors. The requested waiver allows the District to complete its transition to a by- trustee area election process in a timely manner, without the added expense and uncertainty of an election on the matter and will eliminate any potential liability the District may have faced. District Administration was pleased to report that State Board of Education approved this waiver request at its regular meeting on November 7, EDUCATION SERVICES REPORT Local Control and Accountability Plan (LCAP) Information only; no action required Associate Superintendent Kelly Dextraze gave a presentation regarding the Local Control
6 and Accountability Plan (LCAP) as it relates to the Local Control Funding Formula (LCFF), and the requirements for the development of a District plan. 13. HUMAN RESOURCES REPORT Waiver of Administrative Regulation 4121, Temporary/Substitute Personnel Approved By the following vote, the Board approved the waiver of Administrative Regulation 4121 for one time only for a retired Library/Media Teacher. 14. BUSINESS SERVICES REPORT Lenz To- Cowell Universal Breakfast Update Approved At the July 10, 2013, regular meeting, the Board approved the piloting of the Universal Breakfast program at three of our schools: Tully C. Knoles, Lincoln Elementary and Sierra Middle. Universal Breakfast is a program designed for all students to eat breakfast at no cost, regardless of their household income. Since we began the program in August, our participation has increased 54% at Lincoln Elementary, 62% at Sierra Middle School and 6% at Tully C. Knoles. (Tully C. Knoles already had our highest participation in the District prior to piloting the program.) District Administration requested an expansion of the Universal Breakfast program to all Lincoln Unified Schools effective February 3, The approximate cost to Child Nutrition Services would be $32,325 per year. The Universal Breakfast program was included in the Child Nutrition Service three- year spending plan approved by the Board on July 10, The additional personnel hours needed to implement this program will vary depending upon the number of participating students. Associate Superintendent Rebecca Hall will report back to the Board at the end of the school year regarding the program. Trustee To- Cowell requested data on whether the Universal Breakfast program has had any effect on attendance. Mrs. Hall will include that data in her August report. By the following vote, the Board approved the expansion of the Universal Breakfast program to all Lincoln Unified Schools. Lenz To- Cowell 5 0 Absent Architect Selection for the Lincoln High Performing Arts Building Modernization Authorized On May 22, 2013, the Governing Board authorized the District to request proposals for architectural services for the renovation of the Lincoln High School Performing Arts Center. Proposals were received on October 4, A finalist was selected from the interviews held on October 31, The interview panel members were: Trustee Kathleen Solari, Superintendent Uslan, Principal Debbi Holmerud, Associate Superintendent Rebecca Hall, Band Director Cathy Ettle and Choir Director Paul Kimball. On November 21, 2013, the interview panel visited three performing arts centers designed by selected finalist. The interview panel recommended that Board authorize the selection of Architectural Nexus as the District's architect for the renovation of the performing arts building, and s
7 Vice President Solari requested that prior to signing the contract, Associate Superintendent Hall would confirm that outside consultant fees would be included. By the following vote, the Board authorized the selection of Architectural Nexus as the District's architect for the Lincoln High Performance Arts Center Modernization Project and approve the attached contract. To- Cowell Solari 5 0 Absent First Interim Report Approved Associate Superintendent Rebecca Hall reviewed the First Interim Report, which covers the District s financial and operational status, including revenues, expenditures and all necessary disclosures as of October 31, The report represents a comparison between the adopted budget revenues (including inter- fund transfers) for all governmental funds and the revised budget revenues on October 31, 2013 (1st Interim). By the following vote, the Board approved the first interim report as presented. To- Cowell Lenz 5 0 Absent Request for Qualifications for Bond Project Manager Authorized On September 12, 2012, the Governing Board gave approval to hire the following: A. Bond Project Manager - One day per week effective November 1, 2012, with authority given to the Superintendent to increase to full- time as project needs dictate (have not hired) B. Bond Project Coordinator - Half- time effective November 1, 2012 (hired part- time person) C. Staff Secretary - One day per week effective November 1, 2012, with authority given to the Superintendent to increase to full- time as project needs dictate (have not hired) These positions will be eliminated upon completion of the bond construction activities. There will be no cost to the general fund. These positions will be funded by Measure A. The District was able to complete the first phase of bond projects without a Bond Project Manager or Staff Secretary. Now that we are heading into our second phase of projects, we would like to move forward with a Bond Project Manager/Construction Management services. Hours and duties will vary depending on the phase of project development By the following vote, the Board authorized the District to request qualifications for Bond Project Manager/Construction Management Services for Measure A projects Bestolarides Solari 5 0 Absent Request for Qualifications for Architectural Services Authorized On June 5, 2012, the community approved the Measure A Bond. On July 11, 2012, the Governing Board gave direction to replace outdated portables in phase 2 of the Measure A bond program. The District anticipates selling Measure A, Series B bonds in May District Administration would like to be poised to start construction soon after this
8 15. INFORMATION second bond sale. Therefore, the District would like to begin the architectural design. The selected architect will be presented to the Governing Board for final approval. By the following vote, the Board authorized the District to request qualifications for architectural services for the replacement of approximately 20 outdated portables with modular classrooms. Bestolarides Solari 5 0 Absent President Ruhstaller announced that the next regular meeting would be held on January 22, 2014, at Claudia Landeen School, 4138 Feather River Dr. At 9:10 PM, President Ruhstaller announced that the Board would reconvene in closed session to finish their deliberations on student matters. At 9:32 PM, the Board returned to open session Student Matters 20 cases By the following vote, the Board expelled, approved, denied, or otherwise took action on student matters #20 as recommended by the Administrative Hearing Panels and/or as amended by the Board. Motion Second Ayes Noes Abstain Absent Lenz Bestolarides 4 Bestolarides By the following vote, the Board expelled, approved, denied, or otherwise took action on student matters 14-36, , 14-21, , 14-06, 14-55, , , 13-99, 14-57, 14-54, , 13-86, , 13-62, 13-75, 13-63, and as recommended by the Administrative Hearing Panels and/or as amended by the Board. Motion Second Ayes Noes Abstain Absent Lenz Bestolarides 5 0 President Ruhstaller announced that no reportable action was taken during the second convening of closed session. 16. ADJOURNMENT There being no further business to discuss, President Ruhstaller adjourned the meeting at 9:36 PM. Respectfully Submitted, Approved and entered into the proceedings of the Board this 22nd day of January Tom Uslan Superintendent & Secretary to the Board Donald Ruhstaller Board President DR:TU:lsw
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