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Regular Board Meeting
Natomas USD
September 27, 2011 5:30PM
1901 Arena Blvd.
Sacramento, California 95834
916-567-5400

0. OPEN SESSION 5:30 PM
Minutes:
Vice President Lisa Kaplan called the meeting to order at approximately 5:33 p.m. Bruce Roberts was absent at the time.
1. ROLL CALL
Minutes:
Teri Burns, Sue Heredia, Lisa Kaplan and Jules Tran were present. Bruce Roberts arrived during Closed Session.
2. ANNOUNCEMENT OF ITEMS TO BE DISCUSSED IN CLOSED SESSION
Minutes:
Vice President Kaplan announced that the Board was going into Closed Session to conference with Labor Negotiator Dr. Walt Hanline regarding CSEA, NTA and unrepresented staff and to consider a stipulated expulsion matter.
3. PUBLIC COMMENTS REGARDING CLOSED SESSION ITEMS
3.1. PUBLIC COMMENTS PROCEDURE: The Board of Trustees welcomes the public's participation at Board Meetings and has devoted time in the meeting for that purpose. The Board requests that you fill out a Public Comment card and turn it in to the Superintendent's Assistant. Your name will be called under the appropriate agenda item or Public Comment section of the agenda. Presentations from the public are limited to two (2) minutes regarding any item that is within the Board's subject matter jurisdiction. The Board shall limit the total time for public input on each item to 20 minutes. Please note that Government Code Section 54954.2(a) limits the ability of Board Members to respond to public comments. In addition, the Board may not take action on any item which is not on this agenda except as authorized by Government Code 54954.2.
4. CLOSED SESSION
4.1. CLOSED SESSION PROCEDURE: There are a number of exceptions to the requirement that the public business is done in public. The Legislature has articulated these exceptions because of public necessity for confidentiality or because an open disclosure would violate the privacy rights of an employee or a pupil.Confidential agenda item.
4.2. Government Code 54962 Stipulated Expulsion No. 2011-2012 AConfidential agenda item.
Summary
Heyman Matlock, Director - Student Services
4.3. Government Code 54957.6 Conference with Labor Negotiator - District Representative: Dr. Walt Hanline. Employee Organizations: Natomas Teachers Association and California School Employees Association; Unrepresented Employees: Certificated Management, Certificated Unrepresented Employees, Classified/Supervisory Management, Confidential and Unrepresented Specialist Employees Confidential agenda item.
5. RECONVENE TO OPEN SESSION 6:15 PM
Minutes:
President Roberts reconvened Open Session at approximately 6:18 p.m. He announced that no action was taken during Closed Session.
6. ROLL CALL/PLEDGE OF ALLEGIANCE
Minutes:
Teri Burns, Sue Heredia, Lisa Kaplan, Bruce Roberts and Jules Tran were present. Student Board Member Brian Levingston arrived at approximately 6:25 p.m. prior to action being taken on Action Item C.
7. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
Minutes:
President Roberts announced that no action was taken during Closed Session.
8. APPROVAL OF THE AGENDA
Minutes:
Kaplan moved approval of the Agenda, Heredia seconded the motion. Motion passed 5-0.
9. COMMUNICATIONS
9.1. Items from the Board
Prepared By
Carley Borrelli, Administrative Secretary
Summary
Board Members
Minutes:

1) President Roberts announced that it looked positive for Heron School to receive the Raleys $5,000 grant for science equipment for their school. 2) Roberts accompanied Mike Cannon and Dr. Hanline on a campus inspection of which he appreciated the inspection as well as the ability to go along.

9.2. Superintendent's Report
Summary
Dr. Walt Hanline, Interim Superintendent
Minutes:
Dr. Hanline reported that he, Mike Cannon and the custodial supervisor were in the process of conducting facilities visits at all of the schools. He is also beginning to meet with staff at each school to hear questions, concerns and solicit staff's opinion regarding three positive things in the district and three negative things that can be improved. These are voluntary meetings.
10. PUBLIC COMMENTS
10.1. PUBLIC COMMENTS PROCEDURE: The Board of Trustees welcomes the public's participation at Board Meetings and has devoted time in the meeting for that purpose. The Board requests that you fill out a Public Comment card and turn it in to the Superintendent's Assistant. Your name will be called under the appropriate agenda item or Public Comment section of the agenda. Presentations from the public are limited to two (2) minutes regarding any item that is within the Board's subject matter jurisdiction. The Board shall limit the total time for public input on each item to 20 minutes. Please note that Government Code Section 54954.2(a) limits the ability of Board Members to respond to public comments. In addition, the Board may not take action on any item which is not on this agenda except as authorized by Government Code 54954.2.
Minutes:
Mariall Price, NHS, expressed concern that there are three classes being taught at the same time in Art AP. The AP Government class teacher has six classes and is stressed making it hard for teachers to teach. Tobias Gomez, student, expressed concern that they have gone through five teachers this year in their chemistry class.
11. PUBLIC HEARING
11.1. Sufficiency of K-12 Textbooks and Instructional Materials
Prepared By
Jenean Layne, Administrative Secretary - Educational Programs
Summary
Janet Handley, Assistant Superintendent - Educational Services
Action Required
The Board is asked to hold a Public Hearing regarding the sufficiency of textbooks and instructional materials for 2011-2012.
Department
Educational Services
 
Minutes:
There were no public comments.
Discussion

To assist in verifying the sufficiency of K-12 textbooks and instructional materials for 2011-2012 in Natomas Unified School District, the Educational Services Department distributed and has received surveys from all District teachers. These signed surveys confirm that all District students have the core materials required for the content areas prescribed by California Education Code 60119. The Assistant Superintendent of Educational Services will provide this information and Natomas community members and Natomas Unified School District employees will be given the opportunity to give input prior to a recommendation of action on Resolution No. 11-28.

Attachments:
Public Hearing Announcement-English
Public Hearing Announcement-Spanish
K-8 Sufficiency of Textbooks
9-12 Sufficiency of Textbooks
12. CONSENT ITEMS
12.1. CONSENT ITEM PROCEDURE: Generally, routine items are approved by one motion without discussion. The Superintendent or Board member may request that an item be pulled from the Consent Agenda and voted on separately.
12.2. Approve the Consent Agenda
Prepared By
Carley Borrelli, Administrative Secretary
Summary
Dr. Walt Hanline, Interim Superintendent
Action Required
The Board is asked to approve the Consent Calendar.
Actions:
Motion
The Board is asked to approve the Consent Calendar. - Motion made by Lisa Kaplan and a seconded by Susan Heredia.
Vote:
Yes B. Teri Burns.
Yes Susan Heredia.
Yes Lisa Kaplan.
Yes Jules Tran.
Yes Bruce Roberts.
12.3. Approve Stipulated Expulsion No. 2011-2012 A
Prepared By
Melody Germany-Wilson, Administrative Secretary - Student Services
Summary
Heyman Matlock, Director - Student Services
Action Required
Review the Stipulated Expulsion Agreement recommendation for Student No. 2011-2012 A.
Department
Student Services
 
Discussion
Student No. 2011-2012 A violated Ed Codes: 48900(b) and 48900(k).
13. ACTION ITEMS
13.1. ACTION AGENDA PROCEDURE: Formal action is required on each item which frequently includes discussion prior to the motion. Time is given for public comments.
13.2. Approve Resolution No. 11-28 regarding the Sufficiency of K-12 Textbooks and Instructional Materials
Prepared By
Jenean Layne, Adminstrative Secretary - Educational Programs
Summary
Janet Handley, Assistant Superintendent - Educational Services
Action Required
The Board is asked to approve Resolution No. 11-28 regarding the sufficiency of K-12 textbooks and instructional materials.
Actions:
Motion
The Board is asked to approve Resolution No. 11-28 regarding the sufficiency of K-12 textbooks and instructional materials. - Motion made by Lisa Kaplan and a seconded by B. Teri Burns.
Vote:
Yes B. Teri Burns.
Yes Susan Heredia.
Yes Lisa Kaplan.
Yes Jules Tran.
Yes Bruce Roberts.
Department
Educational Services
 
Financial Impact (How item is funded)
$642,545.00 - Restricted and Unrestricted Lottery
Discussion

A public hearing was held to provide an opportunity to comment on the sufficiency of textbooks and instructional materials for each K-12 student. In grades K-6, sufficiency of materials includes the following content areas: Language Arts, Mathematics, Science, and History/Social Science. In Grades 7-8, sufficiency of materials includes the following content areas: Language Arts, Mathematics, Science, History/Social Science, Foreign Language, and Health. In Grades 9-12, sufficiency of materials includes the following content areas: Language Arts, Mathematics, Science, History/Social Science, Foreign Language, Health, and Science Lab equipment.

The term "sufficient textbooks" has been defined in California Education Code 60119 as each student, including English Learners, has standards aligned textbooks or instructional materials or both to use in class and to take home; this does not require two sets of materials. These textbooks and instructional materials must be consistent with the content cycles of curriculum frameworks adopted by the State Board of Education. This resolution attests that the District has fulfilled all prescriptions required by Education Code 60119. With approval of this resolution, the District will be eligible to receive any funds appropriated in the annual Budget Act.

Attachments:
Resolution No. 11-28 Sufficiency of Instructional Materials
13.3. Approve Resolution No. 11-30, to Conduct a Study regarding Elections in which Trustees Reside in a Designated Trustee Area
Prepared By
Dolly McClellan, Executive Assistant to the Superintendent
Summary
Dr. Walt Hanline, Interim Superintendent
Action Required
The Board is asked to approve Resolution No. 11-30, to Conduct a Study regarding Elections in which Trustees Reside in a Designated Trustee Area
Actions:
Motion
The Board is asked to approve Resolution No. 11-30, to Conduct a Study regarding Elections in which Trustees Reside in a Designated Trustee Area - Motion made by B. Teri Burns and a seconded by Lisa Kaplan.
Vote:
Yes B. Teri Burns.
Yes Susan Heredia.
Yes Lisa Kaplan.
Yes Jules Tran.
Yes Bruce Roberts.
Yes Brian Levingston.
Department
Superintendent's Office
 
Minutes:
Roman Munoz, legal counsel, provided a brief PowerPoint presentation on the California Voting Rights Act. Teri Burns questioned if approval of the study would define the district that the Board would have to accept. Munoz responded that it would not. Burns questioned if this would lock the district in. Munoz responded that it would not lock the district in. Burns questioned if there were many companies that do this type of study. Munoz responded affirmatively. Burns noted that a long time ago the Board discussed doing this at build out (15,000 kids). Burns expressed concern with the second Whereas, to afford "groups" to become members of the Board and suggested the following new language: to afford "members of all groups". Jules Tran was supportive of the study. He was interested in seeing how diverse Natomas is. Kaplan questioned if this would go out to bid for the firm. Dr. Hanline responded that the amount wouldn't rise to a level that he couldn't, with the Board's direction, use his discretion to solicit a firm with the experience to do the study. Kaplan's preference would be to find a firm within 60 miles of Sacramento. Board consensus supported moving forward with the study. Board consensus supported going to the State Board of Education to file for a waiver. Roberts questioned if we take this to the voters and they don't pass it, are we still liable. Munoz responded affirmatively. Dr. Hanline stated that Mike Cannon will work with the demographer on natural dividers.
Discussion
Please see attached resolution and Memorandum from legal counsel.
Attachments:
California Voting Rights - Legal Background
Resolution No. 11-30
13.4. Approve the Revision of the Assistant Superintendent of Facilities and Planning to Executive Director of Facilities and Planning
Prepared By
Jan Riordan, Administrative Assistant - Human Resources
Summary
Dr. Walt Hanline, Interim Superintendent
Action Required
The Board is asked to approve the revision of the position of Assistant Superintendent of Facilities and Planning to Executive Director of Facilities and Planning.
Actions:
Motion
The Board is asked to approve the revision of the position of Assistant Superintendent of Facilities and Planning to Executive Director of Facilities and Planning. - Motion made by Lisa Kaplan and a seconded by Susan Heredia.
Vote:
Yes B. Teri Burns.
Yes Susan Heredia.
Yes Lisa Kaplan.
Yes Jules Tran.
Yes Bruce Roberts.
Department
Human Resources
 
Discussion
The revision of the Assistant Superintendent of Facilities and Planning to Executive Director of Facilities and Planning have been approved by Cabinet to be brought to the Board for final approval. The job description and salary schedule remain the same.
Attachments:
Executive Director of Facilities JD
13.5. Approve a New Job Description Reflecting a Combination of Director of Technology and Chief of Technology Job
Prepared By
Jan Riordan, Administrative Assistant - Human Resources
Summary
Dr. Walt Hanline, Interim Superintendent
Action Required
The Board is asked to approve the new job description for the position of Chief Technology Officer.
Actions:
Motion
The Board is asked to approve the new job description for the position of Chief Technology Officer. - Motion made by B. Teri Burns and a seconded by Susan Heredia.
Vote:
Yes B. Teri Burns.
Yes Susan Heredia.
Yes Lisa Kaplan.
Yes Jules Tran.
Yes Bruce Roberts.
Yes Brian Levingston.
Department
Human Resources
 
Financial Impact (How item is funded)
The Chief Technology Officer position would remain on the Classified Management Salary Schedule.
Discussion
The new job description for Chief Technology Officer is attached and has been approved by Cabinet to be brought to the Board for final approval.
Attachments:
Chief Technology Officer JD
13.6. Approve the New Job Description from Student Information Systems Specialist to Student Information/Data Base Analyst
Prepared By
Jan Riordan, Administrative Assistant - Human Resources
Summary
Sally L. Clark, Director - Human Resources
Action Required
The Board is asked to approve the new job description of the Student Information Systems Specialist to Student Information/Data Base Analyst.
Actions:
Motion
The Board is asked to approve the new job description of the Student Information Systems Specialist to Student Information/Data Base Analyst. - Motion made by Susan Heredia and a seconded by Brian Levingston.
Vote:
Yes B. Teri Burns.
Yes Susan Heredia.
Yes Lisa Kaplan.
Yes Jules Tran.
Yes Bruce Roberts.
Yes Brian Levingston.
Department
Human Resources
 
Discussion
The job description for Student Information/Data Base Analyst is attached and has been approved by Cabinet and CSEA to be brought to the Board for final approval.
Attachments:
SIS/Data Analyst JD
13.7. Approve an Award of Contract to Landmark Construction for Lease-Leaseback Construction Services for the Rehabilitation of Leroy Greene Middle School
Prepared By
Michael S. Cannon, Assistant Superintendent - Facilities & Planning
Summary
Michael S. Cannon, Assistant Superintendent - Facilities & Planning
Action Required
The Board is asked to approve an Award of Contract to Landmark Construction for Lease-Leaseback Construction Services for the Rehabilitation of Leroy Greene Middle School.
Actions:
Motion
The Board is asked to approve an Award of Contract to Landmark Construction for Lease-Leaseback Construction Services for the Rehabilitation of Leroy Greene Middle School. - Motion made by Lisa Kaplan and a seconded by B. Teri Burns.
Vote:
Yes B. Teri Burns.
Yes Susan Heredia.
Yes Lisa Kaplan.
Yes Jules Tran.
Yes Bruce Roberts.
Yes Brian Levingston.
Department
Facilities & Planning
 
Financial Impact (How item is funded)
State Facilities Hardship Funding; Developer Fees
Minutes:
There was extensive discussion between the Board and staff regarding the selection process for lease-leaseback construction services for the rehabilitation of Leroy Greene Middle School and which firms would self perform versus subcontract out. Public Comments: Dennis Dean, Field Representative for Carpenters' Union, referred to the fall of 2009 when the Board made a decision to qualify all bidders on construction projects. It was an objective process. He asked the Board to not approve the award of contract to Landmark Construction as they do not self perform. Alex Kothny, Field Representative for Carpenters' Union, expressed concern regarding the selection of Landmark Construction as they do not self employ; they don't self perform. He spoke in support of Clark and Sullivan that has an apprenticeship program. Burns expressed concern with Landmark as they don't self perform. Joe Bittaker, Landmark Construction, stated that Landmark is not a union signatory; they do hire union subcontractors. Mr. Bittaker mentioned that the comment that contractors who self perform would be less expensive was misguided. He noted the Leroy Greene project where efficient subcontractors saved the district $100,000. Tran agreed that $100,000 was a large savings. Lisa Kaplan thanked Mike Cannon and the interview panel for their thoughtful time and consideration. Extensive discussion followed between Kaplan and Cannon regarding the uniqueness of the project that required special qualifications. Kaplan respectfully disagreed that this was a complex project. Heredia questioned the prequalification process. Cannon responded that contractors who meet the prequalifications are interviewed. Landmark?s specific site/project knowledge on a time-sensitive project gave them a slight advantage. Dr. Hanline reminded the Board that staff has gone through the process the Board has asked them to go through. The recommendation being provided is from the Panel's point of view. Board discussion followed. Kaplan moved approval of Roebelen Construction. Burns seconded the motion for purpose of discussion. Discussion followed regarding skill and who had the ability to go to work immediately. Burns stated that she was leaning towards Clark and Sullivan. Kaplan expressed concern regarding Roebbelen's responsibility for the project and negative comments made by the Director of Facilities and Planning regarding Roebbelen. Dr. Hanline responded that with regard to Roebbelen's role and impact on the site that he had miscommunicated the extent of Roebbelen's responsibility at Leroy Greene. Dr. Hanline clarified that Roebbelen had only a portion of the responsibility. He and Mike Cannon believed that Roebbelen would respectfully disagree. There is no bias; it was an opinion, nothing more. Dr. Hanline expressed his appreciation for Mr. Cannon's work. Jules Tran agreed with Dr. Hanline's statement. The Board received all of the data. Tran thanked Mike Cannon and Dr. Hanline for their work. Bruce Roberts expressed concern with the financial situation. He liked Roebbelen's open book pricing; his preference would be to contract with Roebbelen. Roberts looked forward to the job getting done and having kids back in that school.
Discussion

The Board at its November 2010 meeting authorized the District to issue a Request for Qualifications (RFQ) for Preconstruction & Lease-Leaseback Contracts for the rehabilitation of the Leroy Greene Middle School. The contract was posted on the District?s website on August 26, 2011; ads were run in the Sacramento Bee on August 30 and September 6, 2011. A bid walk was held on September 1, 2011. As of the closing of the bid submittal period at 4:00 PM on Friday, September 9, 2011, the following contractors submitted proposals:

Blach Construction Carter-Kelly General Contractors
Diede Construction Roebbelen Construction
BRCO Constructors Clark & Sullivan Construction
Landmark Construction Seward L. Schrader Construction

All submittals were evaluated per the published prequalifications criteria; all eight firms passed and were scheduled for interviews on Thursday, September 15, 2011. The interviews consisted of a standard set of questions for all firms (see attached); interviewees were rated on responses by each of the panelists, without consultation with each other. The interview panel consisted of: 

Michael Cannon, Executive Director

Chuck Roberts, Project Manager 

Ken Francis, SKW Architects 

Carla Najera, Principal-Natomas Middle School 

Scott Dosick, Chair-NUSD Bond Oversight Committee 

The panel met at 10:00 AM on Saturday, September 17 at the District Office to evaluate and recommend a contractor for this project. Ken Francis (Project Architect) shared with the panel his and other A&E firm?s experience with the submitters; Mike Cannon did the same for several school districts he had contacted as references. Panelists were requested to evaluate each contractor individually, and then to list the rankings on a ranking sheet (see attached). Panelists were then asked to rank their top five selections on the whiteboard as a prelude to discussion, as below; 

Panelist #1 Panelist #2 Panelist #3 Panelist #4 Panelist #5
Roebbelen Carter Kelly Carter Kelly Landmark Landmark
Landmark Landmark Landmark Clark & Sullivan Clark & Sullivan
Carter Kelly Clark & Sullivan SL Schrader Roebbelen Carter Kelly
SL Schrader SL Schrader Blach Carter Kelly Roebbelen
Clark & Sullivan Roebbelen Roebbelen Blach SL Schrader

The panelists then began discussion of the relative merits of the finalists. Schrader, Clark & Sullivan and Roebbelen were eliminated because, among other factors, the panel thought that, although these are excellent contractors, this particular project might not be the best fit for the contractor teams, and that the teams presented for the project had less experience with this particular type of rehabilitation project than other submitters. Finally, after further discussion, the panel concluded that, although both remaining contractors (Carter-Kelly & Landmark) each showed a very strong project team and resources/support for this type of project, Landmark?s specific site/project knowledge, and thus their shorter learning curve on a very time-sensitive project, gave them a slight advantage. 

The panel and District staff therefore recommends that the Board award the contract for Lease-Leaseback rehabilitation work at Leroy Greene to Landmark Construction.

Attachments:
LGMS - Questions for General Contractor
LGMS - Contractor Interview Ranking Sheet
14. FUTURE AGENDA ITEMS
Minutes:
Heredia requested a matrix listing future board items.
15. ADJOURNMENT
Minutes:
President Roberts adjourned the meeting at 7:57 p.m.
( Original )
PresentB. Teri Burns
PresentSusan Heredia
PresentLisa Kaplan
PresentJules Tran
PresentBruce Roberts
PresentBrian Levingston

The resubmit was successful.