January 29, 2013 - Board of Trustees - Ceres Unified School District

Minutes – Board of Trustees UNAPPROVED MINUTES Meeting – January 29, 2013
MINUTES
CERES UNIFIED SCHOOL DISTRICT
MEETING – BOARD OF TRUSTEES
January 29, 2013, 7:00 PM – District Office Board Room
2503 Lawrence Street – Ceres, California
REGULAR SCHEDULED MEETING
Present for the regularly scheduled meeting were: President Mike Welsh, Trustees Betty Davis, Teresa
Guerrero, Jim Kinard, Faye Lane, Lourdes Perez and Valli Wigt, and Student Representatives Alexis
Boardrow and Jesse Magana. Others present: Dr. Scott Siegel, Superintendent; Dr. Mary Jones, Deputy
Superintendent of Educational Services; Dr. Denise Wickham, Assistant Superintendent of Personnel
Services; Steve Fabela, Assistant Superintendent of Business Services; and Jay Simmonds, Assistant
Superintendent of Student Support Services.
1. OPEN SESSION – 4:45 PM – Conference Room C
a. Public Comment
President Welsh opened the meeting at 4:51 p.m. for public comment. There was no one
wishing to address the Board.
b. Study Session - Annual Review of Governing Board Standards and Protocols (E 9005)
The Board conducted an annual review of Governing Board Standards and Protocols (Exhibit
9005). No revisions were recommended.
c. Study Session - 2011-2012 Strategic Plan Evaluation Report, Strategic Plan Prioritization
and Vision
Deputy Superintendent Dr. Mary Jones conducted a study session on the 2011-2012 Strategic
Plan Evaluation Report, prior to subsequent action by the Board of Trustees (Item 9. b. of the
Action Section). The Trustees also reviewed the 2012-2013 Strategic Plan Objectives.
d. Adjourn to Closed Session
2. CLOSED SESSION – Conference Room C
a. Public Employee – Discipline/Dismissal/Release (Government Code Section 54947)
b. Conference With Labor Negotiator (Government Code Section 54957.6)
• Agency Designated Representatives: Scott Siegel, Denise Wickham and Fernando Ureño
Employee Organizations: CUTA and CSEA
c. Conference With Labor Negotiator (Government Code Section 54957.6)
• Unrepresented Employees: Deputy Superintendent of Personnel Services, Assistant
Superintendent of Educational Services, Assistant Superintendent of Student Support
Services, Director of Special Education, Principal of Central Valley High School,
Principal of Ceres High School
d. Student Discipline/Expulsions (Education Code 35146)
e. Reconvene to Open Session
3. PUBLIC MEETING – 7:00 PM – Board Room
The meeting was convened to Open Session, where President Welsh called the Public Meeting to
order at 7:04 p.m. with a quorum present. The salute to the flag was given and Pastor Ken Sylvia of
Youth for Christ gave the invocation.
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Minutes – Board of Trustees UNAPPROVED MINUTES Meeting – January 29, 2013
4. COMMENDATION/SCHOOL PRESENTATION SECTION
a. Recognition of Rotary District 5220 Peace Essay Contest 1st Place Winner - Whitmore
Charter School
Principal Lynnette Chirrick introduced the first place winner of the Rotary District 5220 Peace
Essay Contest. The Trustees greeted and congratulated the student and President Welsh
presented her with a certificate in recognition of her accomplishment.
At this time, President Welsh offered the opportunity for those in attendance for the commendations to
exit the meeting.
5. APPROVAL OF AGENDA
a. Opportunity for the Board and Administration to Adjust the Published Agenda
President Welsh offered the opportunity to make adjustments to the published Agenda. Dr.
Siegel requested that Information & Study Item 10. e., State Budget Update, immediately
precede Action Item 9. g., Salary Restoration, given that information in the budget update is
applicable to the salary restoration. The Agenda was so adjusted. For the purpose of the
meeting minutes, Item 10. e. appears in its agendized order.
6. HEARING SECTION
a. Opportunity for Citizens to Address Items Not on the Agenda
Trustee Davis read aloud the guidelines relevant to public presentations to the Board and
opened the Public Hearing for those wishing to address an item not on the Agenda.
Rosalinda Vierra introduced herself as a parent of students at Central Valley High School
and Sinclear Elementary School, and addressed the Board regarding concerns at CVHS. Ms.
Vierra asserted that $35 charged for students to attend the Winter Formal was excessive for
what they received. Ms. Vierra also expressed concern that her daughter is now a half
semester behind in preparing for college after receiving a failing grade for “unknown
circumstances” in a pre-calculus class last semester, and being unable to change classes.
Ms. Vierra noted that, as a member of the NAACP Education Board, she is aware that Latino
and African-American students were recently transferred out of CVHS for credit deficiency,
many of whom were behind by as few as 5 credits, as her daughter is now. Ms. Vierra
emphasized the importance of advocates such as the NAACP in fighting for students’ rights.
She reported positive experiences with the administration of Sinclear Elementary School,
but suggested that the staff and administration at CVHS are defensive and unresponsive.
Ms. Vierra encouraged open communication between school administration, parents and the
community.
7. REPORT OUT OF CLOSED SESSION
Trustee Davis reported that no action was taken during Closed Session.
8. CONSENT AGENDA
a. Minutes of the Regular Governing Board Meeting of January 8, 2013
b. Ratification of Warrants
c. Ratification of Employment
d. Disposal of District Property
e. Sale of District Property
f. Claim for Damages
g. CUSD Board Policy July 2012 Revisions
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Minutes – Board of Trustees UNAPPROVED MINUTES Meeting – January 29, 2013
Trustee Kinard moved and Trustee Perez seconded, to approve the Consent Agenda items a-
g. Ayes: Alexis Boardrow, Jesse Magana, Jim Kinard, Faye Lane, Teresa Guerrero, Lourdes
Perez, Valli Wigt, Betty Davis and Mike Welsh. Motion carried.
9. ACTION SECTION
a. Consideration of Student Expulsions
Trustee Davis moved and Trustee Wigt seconded, to approve the Administrative Panel’s
recommendation regarding Student Expulsion Case Number EX037-12/13. Ayes: Jim
Kinard, Faye Lane, Teresa Guerrero, Lourdes Perez, Valli Wigt, Betty Davis and Mike
Welsh. Motion carried.
b. 2011-2012 Strategic Plan Evaluation Report
Dr. Jones presented for acceptance by the Board of Trustees a report summarizing the
evaluation results of the 2011-2012 Strategic Plan Criteria, along with data and responses
that support the results of each criterion set. Dr. Jones reviewed highlights from the report at
the study session preceding the Public Meeting.
Trustee Perez moved and Trustee Lane seconded, to accept as presented the Summary
Evaluation Report of the 2011-2012 Strategic Plan. Ayes: Alexis Boardrow, Jesse Magana,
Jim Kinard, Faye Lane, Teresa Guerrero, Lourdes Perez, Valli Wigt, Betty Davis and Mike
Welsh. Motion carried.
c. Tentative 2013 Academic Summer School Schedule
Assistant Superintendent of Student Support Services Jay Simmonds presented for review
and action by the Board of Trustees the 2012 Academic Summer School Program schedule,
which includes the various levels of instructional programs to be offered during the summer
of 2013 for students in grades K–12. Availability of early-back summer school is not yet
known and will be based upon funding. Upon approval, this schedule will be posted and
provided to parents, staff, administration and the public.
Trustee Guerrero moved and Student Representative Magana seconded, to approve as
presented the Tentative 2013 Academic Summer School Schedule. Ayes: Alexis Boardrow,
Jesse Magana, Jim Kinard, Faye Lane, Teresa Guerrero, Lourdes Perez, Valli Wigt, Betty
Davis and Mike Welsh. Motion carried.
d. Request for Qualifications for the Remodeling of the Walter White Elementary
Kitchen Facility
Assistant Superintendent of Business Services Steve Fabela reported that staff is requesting
approval by the Board of Trustees to post a Request for Qualifications (RFQ) to accept
submissions from Builders to remodel the Walter White Elementary kitchen facility. If
approved, this project will be funded out of Child Nutrition and completed over the summer.
Trustee Perez moved and Trustee Davis seconded, to authorize staff to post an RFQ for the
remodeling of the Walter White Elementary kitchen facility. Ayes: Alexis Boardrow, Jesse
Magana, Jim Kinard, Faye Lane, Teresa Guerrero, Lourdes Perez, Valli Wigt, Betty Davis
and Mike Welsh. Motion carried.
e. 2011-12 Annual Audit Explanatory Statements
Mr. Fabela introduced Dave Randall of the firm Vavrinek, Trine, Day & Co., which
completed the District’s Annual Audit for the 2011-2012 fiscal year. Mr. Randall made a
brief presentation on the audit, reviewing the format of financial statements, selected notes
and supplementary statements, and the findings of the audit. An attendance compliance
finding regarding independent study has been corrected. As reported in the summary on
page 76, there were no material weaknesses or reporting conditions identified.
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Minutes – Board of Trustees UNAPPROVED MINUTES Meeting – January 29, 2013
Mr. Randall noted that a management letter separate from the audit report contained minimal
findings common to Associated Student Body accounts.
Mr. Fabela presented the District’s Annual Audit for the 2011-2012 fiscal year for review
and acceptance by the Board of Trustees.
Trustee Davis moved and Trustee Lane seconded, to accept as presented the 2011-12 Annual
Audit. Ayes: Alexis Boardrow, Jesse Magana, Jim Kinard, Faye Lane, Teresa Guerrero,
Lourdes Perez, Valli Wigt, Betty Davis and Mike Welsh. Motion carried.
f. Measure J - Series 2001 B Bond Issuance
Mr. Fabela reported that, at the January 8, 2013, Board study session, staff brought
information on the possibility of refinancing the Measure J - Series 2001B Bond Issuance.
Due to the substantial savings to District taxpayers, staff is recommending that the District
move forward with this refinancing.
Trustee Wigt moved and Trustee Davis seconded, to authorize staff to move forward with
the refinancing of the Measure J – Series 2001B Bond Issuance. Ayes: Alexis Boardrow,
Jesse Magana, Jim Kinard, Faye Lane, Teresa Guerrero, Lourdes Perez, Valli Wigt, Betty
Davis and Mike Welsh. Motion carried.
g. Authorize Staff to Prepare Salary Restoration
Dr. Siegel reported that, on July 1, 2010, the salary schedules for all District employees were
deficited by 8.5 percent. This action was taken in lieu of programmatic cuts that would have
been necessitated by the state budget crisis. With the passage of Proposition 30 and the
subsequent release of the Governor's budget proposal, the District’s finances are in a
condition in which programmatic restorations are possible. Since the most significant
programmatic cut was to employee salaries, staff is recommending that the District restore
the final 2.50 percent to all employee salary schedules, effective July 1, 2012. Staff have
determined through a preliminary analysis of the Governor’s budget proposal and the
District’s current financial state that this restoration is sustainable. With this restoration, the
continuing deficit to employee salaries will be zero (0) percent, and salaries will be fully
restored.
Government Code 3547.5 requires that the Superintendent and Chief Business Official of a
school district certify and provide projections that show that a district is able to afford any
negotiated settlement. Even though this restoration is authorized under a previous
settlement, staff is recommending that the Board treat it as a new settlement for these
purposes. Due to the proximity of the release and analysis of the Governor’s budget
proposal, there was not sufficient time to prepare the certification and projections to be
posted with this Agenda. Therefore, given the time necessary to implement the salary
restoration, staff is seeking Board authorization to commence work at this time. The item
will be presented for Board approval with the certification and projections at the March 12,
2013 meeting. If approved, classified employees are expected to receive full restoration with
retroactivity by the March payroll, and certificated employees by the April payroll.
Trustee Kinard moved and Trustee Wigt seconded, to authorize staff authorize staff to
commence work on the restoration of 2.50 percent to all employee salary schedules,
effective July 1, 2012. Ayes: Alexis Boardrow, Jesse Magana, Jim Kinard, Faye Lane,
Teresa Guerrero, Lourdes Perez, Valli Wigt, Betty Davis and Mike Welsh. Motion carried.
h. 2013-14 and 2014-15 School Calendars
Assistant Superintendent of Personnel Services Dr. Denise Wickham reported that staff is
requesting Board approval of the 2013-14 and 2014-15 school calendars. Dr. Wickham
noted that the first staff day for the 2013-14 school year is August 12, 2013 and the first
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Minutes – Board of Trustees UNAPPROVED MINUTES Meeting – January 29, 2013
instructional day is August 14. The final student day is June 5, 2014 and the final staff day
is June 6. There are some dates, such as planning days, still to be added and mutually agreed
upon. These calendars assume 180 instructional days for students and five professional
development days. CUTA approved the calendars on January 15, 2013, and CSEA approved
them on January 16, 2013.
Trustee Guerrero moved and Student Representative Magana seconded, to approve as
presented the 2013-2014 and 2014-2015 calendars. Ayes: Alexis Boardrow, Jesse Magana,
Jim Kinard, Faye Lane, Teresa Guerrero, Lourdes Perez, Valli Wigt, Betty Davis and Mike
Welsh. Motion carried.
i. Superintendent’s Salary Formula
President Welsh reported that, as set forth in the employment agreement between the
Superintendent and the Governing Board of the Ceres Unified School District, Section
IIIA1, the Superintendent’s salary is based upon the median salary paid to superintendents in
unified school districts with an Average Daily Attendance of 8,000 to 15,000. The salaries
of the Deputy and Assistant Superintendents are calculated as a percentage of the
Superintendent's salary. Assembly Bill 1344 provides that no contract may automatically
increase a superintendent’s salary above the Cost of Living Adjustment (defined as
California CPI for Urban Wage Earners & Clerical Workers). Any increase above the CPI
must be approved at a regular Board meeting.
President Welsh presented for review by the Board of Trustees a memorandum from legal
counsel Kronick, Moskovitz, Tiedemann & Girard, which determines that an adjustment in
the Superintendent's salary based upon the median compensation of superintendents in
comparably sized districts would result in an increase of 0.91 percent above the established
CPI of 2.6 percent. This difference requires Board approval. Similar approval is required
for increases above the CPI to the salaries of the Deputy and Assistant Superintendents, as
described in the memo.
Trustee Kinard moved and Trustee Wigt seconded, to approve the 0.91 percent increase
above the California CPI to the Superintendent’s, Deputy Superintendent’s and Assistant
Superintendents’ salaries, as per the impacted employees’ contracts and the memorandum.
Ayes: Alexis Boardrow, Jesse Magana, Jim Kinard, Faye Lane, Teresa Guerrero, Lourdes
Perez, Valli Wigt, Betty Davis and Mike Welsh. Motion carried.
j. Superintendent’s Contract Rider
Dr. Siegel reported that the Governor’s budget proposal includes a statutory Cost of Living
Adjustment (COLA) for 2013-2014. This COLA is currently projected to be used, in part,
for the final restoration of salaries proposed in Item 9.g. above. The employment agreement
between the Superintendent and the Governing Board of the Ceres Unified School District
includes the funded COLA in the determination of the Superintendent’s salary. This could
potentially result in the Superintendent receiving the benefit of the 2013-2014 COLA twice.
Dr. Siegel presented for review and approval by the Board of Trustees a contract rider that
remedies this situation by waiving the application of the COLA in the Superintendent’s
compensation formula unless other employees also receive the COLA.
Trustee Wigt moved and Trustee Guerrero seconded, to approve the contract rider. Ayes:
Alexis Boardrow, Jesse Magana, Jim Kinard, Faye Lane, Teresa Guerrero, Lourdes Perez,
Valli Wigt, Betty Davis and Mike Welsh. Motion carried.
k. Approval of Employment Agreements
Dr. Siegel wished Dr. Mary Jones well on her upcoming retirement as Deputy
Superintendent of Educational Services. Dr. Siegel presented for review and approval by the
Board of Trustees the following employment agreements:
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Minutes – Board of Trustees UNAPPROVED MINUTES Meeting – January 29, 2013
● Deputy Superintendent of Personnel Services
● Assistant Superintendent of Educational Services
● Assistant Superintendent of Student Support Services
● Director of Special Education
● Principal of Central Valley High School
● Principal of Ceres High School
Trustee Davis moved and Trustee Perez seconded, to approve the employment agreements as
presented. Ayes: Alexis Boardrow, Jesse Magana, Jim Kinard, Faye Lane, Teresa Guerrero,
Lourdes Perez, Valli Wigt, Betty Davis and Mike Welsh. Motion carried.
l. 2012-2013 Classified Management Salary Schedule
Mr. Fabela reported that, following a recent comprehensive salary study of the median
salaries for Classified Management positions in 45 comparable school districts, Staff is
recommending to adjust the 2012-2013 Classified Management Salary Schedule. Mr. Fabela
presented for review and approval by the Board of Trustees the proposed 2012-2013
Classified Management Salary Schedule identifying five Business Services positions
proposed to be adjusted near the median, and the current Classified Management Salary
Schedule for reference. Mr. Fabela noted that two of these salaries are funded out of Child
Nutrition and another out of Routine Repair and Maintenance.
Dr. Siegel took this opportunity to recognize the outstanding work of the classified directors,
who perform far above “median.”
Trustee Lane moved and Trustee Davis seconded, to approve as presented the proposed
2012-2013 Classified Management Salary Schedule. Ayes: Alexis Boardrow, Jesse Magana,
Jim Kinard, Faye Lane, Teresa Guerrero, Lourdes Perez, Valli Wigt, Betty Davis and Mike
Welsh. Motion carried.
10. INFORMATION & STUDY
a. Superintendent’s Report
Dr. Siegel introduced Program Specialist Karla Paul who will replace Allyson Woolworth.
Dr. Siegel reported that it is rewarding, after nearly five years of fiscal hardship, to see the
budget improving. Dr. Siegel thanked the Board for having confidence in the District’s
financial position and projections to vote to commence full salary restoration after only two
years – far earlier than he imagined possible. Dr. Siegel noted that it is worth remembering
and thanking CUSD employees who stood up and sacrificed financially in order to cross the
chasm of reduced revenue limits, to maintain a quality level of education for our students.
b. Board Report
Central Valley High School Student Representative Jesse Magana and Ceres High School
Student Representative Alexis Boardrow reported on academics, athletics and other school
activities.
c. Association Report
Ceres Unified Teachers Association (CUTA) President Cheryl Brewer had nothing to report.
Diana Boyarsky, President of California School Employees Association Chapter 140
(CSEA), thanked those who attended the Employees Making a Difference reception for
classified employees on January 22. Ms. Boyarsky also thanked the Board for restoring
salaries.
d. Submission of Petition Approval for Whitmore Charter Schools
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Minutes – Board of Trustees UNAPPROVED MINUTES Meeting – January 29, 2013
As required every five years as a continuance of charter school status, Mrs. Chirrick
presented for review by the Board of Trustees updated documents which outline the structure
and governance of Whitmore Charter Schools. Changes to the documents are primarily at
the high school level as the result of the WASC process and moving toward college
preparatory curriculum. These documents will be brought for public hearing and action by
the Board of Trustees at the February 19, 2013 Board meeting.
Dr. Siegel noted that due to the size of Whitmore Charter School of Personalized Learning
(10-20 students), certain required information is not available. If questioned by the State,
staff will clarify the function of the school, which is primarily to provide a program for
siblings of Whitmore Charter High School students.
e. State Budget Update
Mr. Fabela presented a PowerPoint slideshow on the Governor’s January proposal for the
State of California Budget and the potential impact on the District’s current and following
year budgets. Mr. Fabela noted that mid-year trigger cuts have been avoided with the
passage of the Proposition 30 revenue initiative in November. The Governor’s proposal for
2013-2014 includes $1.8 billion for new deferral buy-down, $1.6 billion (including a 1.65
percent COLA) for a proposed K-12 Local Control Funding Formula that replaces the
categorical funding model, and $100 million additional Mandated Block Grant money.
Another $400 million is available through Proposition 39 to fund energy projects.
Dr. Siegel noted that he is pleased to serve as a member of the Board of the School Project
Utility Rate Reduction (SPURR) Joint Powers Authority, which purchases natural gas at
discounted rates for schools. A recent meeting topic was the Proposition 39 energy money
coming to schools – an estimated $700,000 per year for CUSD for at least five years,
totaling $3.5 million to $4 million for energy projects. Dr. Siegel noted that Trustees may be
approached in the coming months by energy vendors hoping to sell them on ideas regarding
solar energy and energy retro-fits. Dr. Siegel encouraged Trustees to please refer vendors to
him or to Mr. Fabela. Our current energy program primarily analyzes energy-consumption
behaviors, but does not focus on equipment. SPURR will serve as an impartial third-party
consultant to advise districts on effective ways to spend their Proposition 39 money in order
to maximize energy savings down the road. SPURR will also serve in an advisory capacity
for districts considering solar energy.
Mr. Fabela reported that the Local Control Funding Formula in the Governor’s budget
proposal replaces State Revenue Limit – Categorical Funding Model with base grants per
ADA for four grade spans, K-3, 4-6, 7-8 and 9-12. The formula provides additional funding
for English Learners and students who quality for the Free and Reduced Lunch program, and
supplemental funding for districts with more than 50 percent of these students. CUSD has
approximately 84 percent of students who qualify. Full implementation of the funding
formula will take place over seven years. This transition from the old to new model makes it
difficult to know the full fiscal impact; however, minimally, CUSD will receive $1 million
from the guarantee of the COLA and $200,000 from the increase in the Mandated Block
Grant – for a minimum of $1.2 million in new funding. Full salary restoration for 2012-
2013 requires approximately $1.5 million. With $1.8 million set aside in Fund 17 for
employee compensation, and anticipated COLAs in coming years, the District can afford and
sustain the full restoration.
The Trustees requested to receive copies of the PowerPoint slideshow, which Mr. Fabela
said he would send to them.
11. RESEARCH
With more money to spend, Brown launches K-12 funding reform, EdSource, January 11, 2013
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Minutes – Board of Trustees UNAPPROVED MINUTES Meeting – January 29, 2013
12. ADJOURNMENT
President Welsh adjourned the meeting at 8:24 p.m.
Respectfully Submitted,
Scott Siegel, Ed.D.
Secretary to the Board of Trustees
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