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Regular Board Meeting - Closed Session 4:30 PM
Morgan Hill USD
October 15, 2019 6:00PM
MHUSD Board Room - Closed Session 4:30 PM

A. CALL TO ORDER
A.1. PUBLIC COMMENT ON CLOSED SESSION TOPICS
Rationale:
Members of the public may address the Board at this time regarding items on the Closed Session agenda. The Board of Education reserves the right to limit speaking time to three (3) minutes or less per individual.
 
A.2. ADJOURN TO CLOSED SESSION (4:30 PM)
A.3. PUPIL PERSONNEL - Student discipline Education Code §48918 (c)(K-12)
A.3.a. Recommendation for Expulsion and Rehabilitation Plan for Student E 19/20-003
Financial Impact:
None
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.3.b. Recommendation for Expulsion and Rehabilitation Plan for Student E 19/20-004
Financial Impact:
None
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.4. LIABILITY CLAIMS - Governmental Code Section 54956.95
A.5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: one case
A.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code §54956.9
A.6.a. Jane Doe 1 et al v. South Valley Dance Arts et al, Case No. 18CV340012
A.6.b. Morgan Hill Unified School District; San Jose Unified School District v. Peninsula Sports, Inc.; Does 1 through 50, Inclusive Case No. 18VC336443
A.6.c. EL 17/18-001 v. Morgan Hill Unified School District Case No. 17CV319128
A.6.d. Catherine Rudolph v. Morgan Hill Unified School District Case No. 18CV338592
A.6.e. EL 18/19-008 v. Morgan Hill Unified School District et al Case No. 19CV345561
A.6.f. A Voice for Choice Advocacy, Inc., v. Morgan Hill Unified School District, et.al, Case No. 17CV316128
A.6.g. A Voice for Choice Advocacy, Inc., v. Morgan Hill Unified School District, et.al, Case No. 19CV352621
A.7. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Morgan Hill Classified Employees Association (MHCEA) and Morgan Hill Federation of Teachers (MHFT), Designated representative: Fawn Myers / Morgan Hill Educational Leaders Association (MHELA), Unrepresented employees, Designated representative: Steve Betando, and Superintendent, Designated representative: Karen Rezendes, Lozano Smith
A.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8)
A.9. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code § 54957 and 54957.1)
A.9.a. Employee Dismissal- Employee Case #2018/19-003
Rationale:
Update will be provided in closed session
 
Comments:
Submitted by: 
Fawn Myers, Assistant Superintendent of Human Resources
A.10. RECONVENE TO PUBLIC SESSION
B. CALL TO ORDER / PLEDGE OF ALLEGIANCE (6:00 PM)
C. INTRODUCTION OF BOARD MEMBERS AND STAFF (6:02 PM)
D. RECOGNITIONS / PRESENTATIONS (6:05 PM)
D.1. Recognize Outgoing Central Student Board Member Victor Pizano
Rationale:
In accordance with Board ByLaw 9150 – Student Board Member, three Student Board Members are appointed each year.  Each student attends board meetings for one trimester, and serves as alternate for the entire year.  The Board of Education, Superintendent and staff express their appreciation to Victor Pizano for his contributions to the Morgan Hill Unified School District community through his service on the Board. He kept the Board informed of student activities and added a student perspective and presence to the Board’s deliberations.  The Board and staff congratulate Victor on completing his Student Board Member trimester term.
 
Comments:
Submitted by: 
Steve Betando, Superintendent
E. ADOPTION OF AGENDA (6:10 PM)
F. APPROVAL OF CONSENT CALENDAR (6:12 PM)
Rationale:
Items listed under CONSENT are considered to be routine by the Board of Education and will be enacted by one motion at this time. There will be no separate discussion of these items unless a board member or citizen so requests.
 
G. PUBLIC COMMENT / COMMUNICATIONS (6:15 PM)
Rationale:
This is opportunity for communication regarding items not on the agenda. Members of the public may address the Board regarding items on the agenda immediately prior to their being discussed by the Board.
 
H. COMMUNICATIONS (6:25 PM)
H.1. Closed Session Action Report (Government Code § 54957.1)
H.2. Report: Student Board Member
H.3. Reports: Superintendent / Staff
H.4. Reports: Board Members
H.5. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
H.6. Calendar: Upcoming events
I. CONSENT ITEMS
I.1. BUSINESS SERVICES
I.1.a. Adopt resolution to accept donations made to the Morgan Hill Unified School District
Rationale:
The following is a donation resolution to accept donations made to the Morgan Hill Unified School District Schools.
 
Financial Impact:
Cash donations will be added to the 2019-20 budget of each site
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
191015 Accept Donations Reso
I.1.b. Adopt resolution to accept increases to budgets as a result of donations and make changes between funds as needed
Rationale:
Cash donations and other types of donations have been listed on the attached resolution. The following is a donation action resolution to increase budgets as a result of cash donations and make changes between funds as needed.
 
Financial Impact:
Cash donations were included in the 2019-20 budget of each site
Comments:
Submitted by: 
Victoria Knutson, Director Fiscal Services 
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
191015 Accept Increases to Budgets Reso
I.1.c. Approve amendment to Kent Construction for the design build of Nordstrom Elementary School portable replacement project
Rationale:
On November 7, 2017, the District’s Board of Education approved the use of the design-build delivery method for the Nordstrom Elementary School Portable Replacement Project (“Project”).  On February 15, 2018, the District published a request for qualifications from design-build entities interested in performing the Project. As a result, a list of pre-qualified finalists were interviewed by District staff.

On April 2, 2019, the Board approved the award of the project and a contract for the Design and Construction Agreement to Kent Construction (with SVA Architects as the designer) for a contract price not to exceed $8,413,420. As part of the Agreement, the District and Kent Construction agreed to meet and confer in order to arrive at a final lump sum guaranteed maximum price for the Project once design for the Project reached fifty percent (50%) completion of the design document phase. The parties have meet and conferred and the attached Amendment reflects a reduction in the contract value to $8,194,158, clarifications related to the construction contingency, and incorporates various exhibits that were unavailable at the time the original contract was executed.  

Staff recommends the approval of the attached amendment to Kent Construction's Design and Construction Agreement.

 
Financial Impact:
Funding cost of project from Measure G series B bond proceeds to be adjusted to $8,194,158 in lieu of $8,413,420.
Comments:
Submitted by:
Casino Fajardo, Director Construction and Modernization
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
191015 Fully Executed DB Agmt
191015 Signed - MHUSD - Kent - Amendment #1 - Nordstrom - Final (Kent Executed) 191004)
I.1.d. Ratification of contracts executed pursuant to Board Policy 3312 for the month of August 2019
Rationale:
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. Pursuant to Education Code 17604 and Board Policy 3312(a), the Superintendent or designee (employees identified in Bd.Ed. 2017-18 Reso 058) has the authority to enter into contracts with a value up to $100,000 on behalf of the District. These contracts must be subsequently ratified by the Board.

The attached document lists the contracts executed by the Superintendent or designee for the month of August 2019.

 
Comments:
Submitted by:
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
191015 Monthly Contracts
I.1.e. Annual GO Bond Debt pursuant to SB 1029
Rationale:
Existing law requires issuers of public debt to provide information to the California Debt Investment Advisory Commission (CDIAC) both at the time the debt is proposed and at the time the debt is sold. Specifically, Government Code Section 8855(i) requires issuers to report to CDIAC no later than 30 days prior to the sale of debt their intent to issue debt. Government Code Section 8855(j) requires issuers to report to CDIAC on the final sale no later than 21 days after the sale.

Senate Bill 1029 (SB 1029), which went into effect on January 1, 2017, revises the Government Code to require additional reporting requirements related to the issuance of debt by a local agency. SB 1029 amends Government Code Section 8855 to place additional reporting obligations on the issuers of public debt in California. As amended, Section 8855(k) now requires state and local debt issuers who have submitted a report of final sale to CDIAC to subsequently submit an annual debt report. The annual debt report must include, at a minimum, the amount of debt authorized, the debt outstanding, and the use of proceeds of the issued debt during the reporting period.

Only Measure G Series B was issued after January 1, 2017 and is under the new requirements. The attached report was submitted to CDIAC and is submitted as information to the Board in accordance with the District’s debt policy adopted on August 1, 2017

 
Comments:
Submitted by:
Casino Fajardo, Director Construction and Modernization
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
191015 Annual Debt Transparency Report
I.2. EDUCATIONAL SERVICES
I.2.a. Quarterly Report on Williams Uniform Complaints, July 1, 2019 – September 30, 2019, for the Morgan Hill Unified School District
Rationale:
Senate Bill 550 (December 2004) expanded the Uniform Complaint Procedure required of school districts to include complaints related to insufficient instructional materials, teacher vacancy or misassignment, and emergency or urgent facilities conditions, particularly those that threaten health or safety.

Commencing April 1, 2005, all districts in California are required to submit quarterly reports to their respective County Office of Education regarding Uniform Complaints received in the last quarter and the resolution of the complaint.  The report must also be provided to the district’s governing board at a public meeting.  

Morgan Hill Unified School District’s 1st quarterly report for 2019-20 is attached.

No complaints were filed in any of the subject areas.
 
Financial Impact:
None
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
191015 Williams Quarterly - 1
I.2.b. Approve Special Education contract in the sum of $609,640
Rationale:
The Department of Special Education requests approval of the following 2019-20 Special Education contract for Morgan Hill Unified School District. 

Nova Health Therapies, Inc. shall furnish the DISTRICT 1 SLP Supervisor, 3 SLP, (Certified, CCC, highly experienced, supervisory level/bilingual SLPs) and 2 SLPA's from 8/12/19 to 10/11/9, 4 SLP (Certified, CCC, highly experienced supervisory level/bilingual SLPs) from 10/14/19 to 6/5/2020. Duties to include (but not limited to) providing assessments for eligibility for speech therapy, report writing, goal development, IEP meetings and direct therapy services. Consultation with Director, Principal, Program Specialist, Teacher/School Staff and parents. Therapists to start 8/12/19. Attached is the 2019-20 calendar, and service dates follow the calendar.
Daily activity logs and service logs must be submitted monthly. Overtime requires pre-approval by the Interim Director of Special Education.

8/12/19 to 10/11/19
1 Supervisory SLP @ 8 hrs/day x $100/hr x 43 days = $34,400
3 SLP @ 8 hrs/day x $95/hr x 43 days = $98,040
2 SLPA's @ 8hrs/day x $75/hr x 43 days = $25,800/ea x 2 = $51,600

10/14/19 to 6/5/2020

4 SLP @ 8 hrs/day x $95/hr x 140 day = $106,400/ea x 4 = $425,600

Total contract not to exceed: $609,640

$609,640


 
Financial Impact:
$609,640 included in the adopted budget
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Attachments:
2019-20 Nova Health Therapies Contract
I.3. HUMAN RESOURCES
I.3.a. Approve personnel action to employ, re-employ, promote, reassign, accept resignation, accept retirement, and authorize related compensation
Rationale:
See attached
 
Financial Impact:
Included in adopted budget
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent of Human Resources
Attachments:
191015 Personnel Order
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of October 1, 2019
Comments:
Submitted by:
Steve Betando, Superintendent 
Attachments:
191015 Meeting Minutes October 1, 2019
I.4.b. Adopt resolution authorizing compensation for Heather Orosco's absence from a regular meeting of the Morgan Hill Unified School District Board of Education held on October 1, 2019
Rationale:
The attached resolution authorizing compensation for Heather Orosco's absence from a regular meeting of the Board of Education held on October 1, 2019 is submitted for approval in accordance with Board Policy 9250.
 
Financial Impact:
None
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
191015 BOE Absence Reso Orosco
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Public Hearing for agreement between Morgan Hill Unified School District and the Morgan Hill Educational Leaders Association effective July 1, 2019 (6:35 PM)
Rationale:
Public Hearing on the Agreement as Summarized Below and With Detailed Changes Attached:


Agreement between
Morgan Hill Unified School District and
Morgan Hill Educational Leaders Association (MHELA)
Effective July 1, 2019

The Morgan Hill Educational Leaders Association and the District have met and conferred on topics of interest.  On September 26, 2019, they reached agreement on the following:

  • Increase on salary schedule of 1.5% retroactive to July 1, 2019 and an additional 1.5% increase effective July 1, 2020.
  • Agreement to review cell phone stipends including standardizing amounts and create (if needed) monthly mileage stipends for various high-use positions. As approved by the Superintendent, any revisions/changes would be itemized in affected employees’ employment offers/contracts.
  • Agreement to revise language related to calendar concerns include the ability for classified managers to earn comp time in lieu of vacation days to use at the December break. Clarification for Certificated managers to ensure 5 carryover days and the ability to schedule work on non-student days and weekends with prior approval by Assistant Superintendent of Educational Services.
  • All MHELA members will be enrolled in a $10,000 term life insurance policy paid by the District. Each member names their beneficiary.
  • Changes to health and welfare benefits as follows:

Cash in Lieu:  This benefit will only apply to members hired and who opted for this benefit prior to October 4, 2019 and who waive medical coverage. Following this date, there will be no new enrollment in the cash in lieu benefit.

  • Members taking cash in lieu by the date above will maintain this benefit up to a monthly maximum of $500 through June 30, 2020.
  • Effective July 1, 2020 through June 30, 2021, the cash in lieu benefit will be reduced to a monthly maximum of $250 for members continuing to this benefit and who waive a medical plan. Members may choose to move to the new benefit structure may enroll in a medical plan as a qualifying event.
  • Effective July 1, 2021, the cash in lieu benefit will be entirely eliminated. Members may choose to move to the new benefit structure and may enroll in a medical plan as a qualifying event. 

Medical, Dental and Vision: Begin a tiered structure with increases in the District contribution toward medical, dental, and vision benefits effective January 1, 2020. The increase in the tiered District contribution is available to all MHELA members and is tied to the member’s selection of medical plan coverage.  MHELA members who waive a medical plan may still use the District contribution to enroll in dental and vision benefits. The tiered contribution is as follows:

  • Up to $9,000 annually for employee-only coverage
  • Up to $12,000 annually for employee+1 coverage
  • Up to $15,000 annually for family coverage


 
Financial Impact:

No impact for public hearing (procedural item)


Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources 
Kirsten Perez, Assistant Superintendent Business Services
Attachments:
191015 MHELA Agreement TA 9-26-19
J.2. Approve agreement between Morgan Hill Unified School District and the Morgan Hill Educational Leaders Association effective July 1, 2019 (6:40 PM)
Rationale:
The details of the agreement are contained in the rationale and in the attachments of the public hearing agenda item.

With the passage of Assembly Bill 1200 in 1991, the California State Legislature tasked all county offices of education with fiscal oversight of school districts ensuring that school districts can meet their financial obligations. The Santa Clara County Office of Education has reviewed the collective bargaining disclosure and has determined that as of the fiscal year 2019-20 45-Day Budget Revision, the District’s projected reserves will be at or above the State’s required minimum reserves of 3% through 2021-22. The reserves are expected to remain at or above the threshold after accounting for the impact of this agreement.  The AB 1200 is attached for review.

Following the public hearing, it is recommended that the Board of Education approve the agreement between the Morgan Hill Unified School District and the Morgan Hill Educational Leaders Association.

 
Financial Impact:
See AB 1200 attached
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent of Human Resources
Kirsten Perez, Assistant Superintendent of Business Services
Attachments:
191015 AB 1200
J.3. New business: future agenda items / recognitions (6:45 PM)
K. PUPIL DISCIPLINE (6:55 PM)
K.1. Approve Recommendation for Expulsion and Rehabilitation Plan for Student E 19/20-003
K.2. Approve Recommendation for Expulsion and Rehabilitation Plan for Student E 19/20-004
L. ADJOURNMENT (7:00 PM)
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, November 5, 2019 with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, November 1, 2019.
 
Disability Information:
Special Accommodations: In compliance with the Americans with Disabilities Act, if you need special assistance to access the Board meeting room or to otherwise participate at this meeting, including auxiliary aids or services, please contact Kelly Schriefer at 201-6001. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to the Board meeting. Documents provided to a majority of the Governing Board regarding an open session item in the agenda will be made available for public inspection in the District Office located at 15600 Concord Circle, Morgan Hill during normal business hours.

Published: October 10, 2019, 6:06 PM

The resubmit was successful.