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Regular Board of Education Meeting - Closed Session 4:00 PM
Morgan Hill USD
December 15, 2020 6:00PM
ZOOM Kelly Schriefer is inviting you to a scheduled Zoom meeting. Topic: Board of Education Regular Meeting Time: Dec 15, 2020 4:00 Closed Session 6:00 PM Open Session Join Zoom Meeting https://us02web.zoom.us/j/84101171459 Meeting ID: 841 0117 1459 One tap mobile +16699009128,,84101171459# US (San Jose) +13462487799,,84101171459# US (Houston) Dial by your location +1 669 900 9128 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacom

A. CALL TO ORDER (4:00 PM)
A.1. ACCEPT CERTIFIED STATEMENT OF ELECTION RESULTS FROM THE COUNTY REGISTRAR OF VOTERS AND DECLARE THE TOTALS TO BE THE FINAL RESULTS OF THE NOVEMBER 3, 2020 ELECTION
Rationale:
Pursuant to Elections Code Section 15400, the governing board should accept the certified statement of election results from the County Registrar of Voters and declare the totals to be the final results of the election.
 
Comments:
Submitted by: 
Steve Betando, Superintendent
Attachments:
201215 MHUSD District Certificate of Election Results, Certificates of Election and Oaths
201215 MHUSD District SOV
201215 November 3, 2020 Presidential General Election Official Website Results
201215 November 3, 2020 Presidential General Election Summary Report
201215 Official Final SOV by District Summary
201215 Official Final SOV by Precinct Summary
A.2. OFFICIAL SWEARING-IN OF NEWLY ELECTED / RE-ELECTED TRUSTEES: Ivan Montes, Adam Escoto and Mary Patterson
Comments:
Submitted by:
Steve Betando, Superintendent
A.3. 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.4. ADJOURN TO CLOSED SESSION
A.5. PUPIL PERSONNEL - Student discipline Education Code §48918 (c)(K-12)
A.5.a. Recommendation for readmission of student R20/21-002
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Victoria Sorensen, Director Equity Programs
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.5.b. Recommendation for readmission of student R20/21-003
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Victoria Sorensen, Director Equity Programs
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
A.6. LIABILITY CLAIMS - Governmental Code Section 54956.95
A.7. 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.8. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code §54956.9
A.8.a. EL 17/18-001 v. Morgan Hill Unified School District Case No. 17CV319128
A.8.b. EL 20/21-001 vs Morgan Hill Unified School District Case No 20CV369396
A.9. 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.10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8)
A.10.a. Property: APNs 764-16-028 (Main @ Hale Avenue) Agency Negotiators: Steve Betando, Superintendent; Kirsten Perez, Deputy Superintendent and Chief Financial Officer; Nancy Taylor, Orbach Huff Suarez & Henderson Negotiating Parties: City of Morgan Hill and Santa Clara Valley Water District Under Negotiation: Price and terms of payment for temporary construction easement and potential purchase for right-of-way traffic improvements
A.11. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code § 54957 and 54957.1)
A.12. PUBLIC EMPLOYEE APPOINTMENT (Government Code § 54957)
A.13. PUBLIC EMPLOYMENT / PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Superintendent
A.14. RECONVENE TO PUBLIC SESSION
B. CALL TO ORDER / PLEDGE OF ALLEGIANCE (6:00 PM)
B.1. ORGANIZATION OF THE BOARD -- Elect Board President, Vice-President, Trustee Representatives to Assignments and Trustee Representative to the Santa Clara Committee on School District Organization (6:02 PM)
Rationale:
Board members will nominate and vote for a president, vice president, Trustee representatives to assignments and representative to the Santa Clara County Committee on School District Organization
 
Comments:
Submitted by: 
Steve Betando, Superintendent

Attachments:
201215 Board Liaison Assignments 2019-2020
B.1.a. Elect President of the Board
Comments:
Submitted by: 
Steve Betando, Superintendent
B.1.b. Elect Vice-President of the Board
Comments:
Submitted by: 
Steve Betando, Superintendent
B.1.c. Appoint Representatives to Assignments
Comments:
Submitted by: 
Steve Betando, Superintendent

Attachments:
201512 Board Liaison Assignments 2019-2020
B.1.d. Assign Representative to the Santa Clara County Committee on School District Organization
Rationale:
Each year the Board selects a trustee to represent the district for the annual County Committee on District Organization election; this is a requirement of Education Code section 35023. The trustee/representative that is selected is the official vote caster for this election. Representatives are not required to perform any other duty other than to vote in the annual election; they do NOT need to attend County Committee meetings (unless of course they wish to attend).
 
Comments:
Submitted by: 
Steve Betando, Superintendent
Attachments:
201215 Naming BOE Representative for County Committee
C. INTRODUCTION OF BOARD MEMBERS AND STAFF (6:22 PM)
D. RECOGNITIONS / PRESENTATIONS (6:25 PM)
D.1. PBIS RecognitionWas edited within 72 hours of the Meeting
Rationale:
The California PBIS statewide recognizes schools for implementing PBIS with fidelity to the national framework. This year, the award was modified to the Community Cares Award, which recognizes efforts made to maintain a positive school culture and climate during the COVID-19 school closure.  They are also recognizing Community partners for their dedication and commitment to supporting our students, families, and the community.

This year, El Toro Health Science Academy is being recognized in conjunction with the Morgan Hill Unified School District Nutrition Services Department which has been providing breakfasts and lunches for all students in the Morgan Hill area since March 23, 2020. Initially, families could weekly drive or walk to three different locations to receive 5 breakfasts and 5 lunches for every student 18 and under. El Toro Health Science Academy was one of those pickup locations. The Nutrition Department bags over 20,000 meals each week to serve the Morgan Hill families. This was expanded over the summer, with MHUSD giving out 7 breakfasts and 7 lunches. Our Morgan Hill families are very grateful to MHUSD and El Toro Health Science Academy for all their efforts in this pandemic. The Student Nutrition Department is continuing this service with distributions at Live Oak, San Martin Gwinn and Los Paseos. 

In addition, The Rotary Club of Morgan Hill donated reading books for all 2nd & 3rd grade students to read over the closure of school and into the summer months. Each elementary school in MHUSD received a free book for every 2nd and 3rd grade student to have to limit the learning loss. El Toro students received their books as they picked up their bi-weekly paper packets and checklists during the pandemic.

These recipients went above and beyond to ensure that students and families were supported and engaged during the COVID-19 pandemic. Students and staff have demonstrated tremendous resiliency and dedication to promote positive school culture within a virtual environment.
 
Comments:
Submitted by:
Darren McDonald, Principal El Toro Steam Academy
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
D.2. Recognize Veronica Andrade 2021 Chamber of Commerce Educator of the Year
Rationale:
There was not a dry eye in the house when we surprised the 2021 Educator of the Year Veronica Andrade, an English Teacher at Central High School and Communications Teacher at Gavilan College. She is affectionately known as an “out of the box educator” because of the investment she makes in her students both inside and outside the classroom. Veronica is not only an educator, but a mentor, a counselor, a coach, a confident and most importantly a friend to her students. Countless stories can be told about her dedication to understanding her students and making sure they have the tools and confidence to get them to the next level. It is clear that her passion and commitment have not waivered over the years. In 2009 Veronica was awarded Educator of the Year at Gilroy High School and in 2015 she was awarded Teacher of the Year at Pioneer High School. Being an educator is an immensely important job, shaping the minds of today’s youth into tomorrow’s citizens, leaders and business owners. Thank you Educator Andrade for your commitment to understanding your students, ensuring they have the tools to succeed and being a champion in their corner.
 
Comments:
Submitted by:
Steve Betando, Superintendent
E. ADOPTION OF AGENDA (6:45 PM)
F. APPROVAL OF CONSENT CALENDAR (6:47 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 (6:50 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 (7:00 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: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association
H.5. Reports: Board Members
H.6. Calendar: Upcoming events
I. CONSENT ITEMS
I.1. BUSINESS SERVICES
I.1.a. Approve the renewal lease agreement with Catalyst Family Inc. (formally CDC) for the use of a District owned portable at Walsh
Rationale:
Pursuant to Education Code 38131(b) and Board Policy 1330, the Governing Board may grant the use of school facilities or grounds for public use as long as they do not impact educational programs at the site. 

Staff is requested the approval of the renewal lease agreement for Catalyst Family Inc. for the use of a Walsh District owned portable. 

The organization is responsible for contracting all refuge, phone, data, cable TV and internet services directly with the service providers.

 
Financial Impact:
Revenue generated from the lease agreement is deposited into the general fund
Comments:
Submitted by:
Anessa Espinosa, Director Facilities
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
201215 Catalyst agreement 21-22 Walsh
I.1.b. Ratification of contracts executed pursuant to Board Policy 3312 for the months of October and November 2020
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. 2019-20 Reso 041) 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 months of October and November 2020.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
201215 November 2020
201215 October 2020
I.1.c. Approve Amendment No. 1 Right of Entry Agreement with Santa Clara Valley Water District
Rationale:

On December 11, 2018 the Board approved a Right of Entry Agreement with Santa Clara Valley Water District (SCVWD) for two equipment and material lay down areas on the Britton campus west property line along Hale Avenue. The agreement was for an eighteen month period beginning May 2020 and SCVWD paid the District $14,000 for use of the property. The project has been delayed and the attachment Amendment would change the start date to May 2021 and SCVWD will pay an additional $9,400 for the extension.   

SCVWD is also interested in using the recently acquired property at the corner of Hale and Main Avenue (previous VTA stop) for construction access and staging construction materials and equipment. The lease for this property would be for three years beginning May 2021 with an option to extend the term for an additional two years. For the first three years, SCVWD will pay the District $302,000 and should SCVWD need to extend the lease, they will pay an additional $106,667 per year. 

 
Financial Impact:
The $9,400 for the extension and the $302,000 for the three year lease will be deposited into the General Fund (Fund 01).
Comments:
Submitted by:
Anessa Espinosa, Director Facilities
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
201215 MHUSD 5012-199 ROE Amendment Exhibit A
201215 MHUSD 5012-199 ROE Amendment Exhibit B
201215 MHUSD 5012-199 ROE Amendment Exhibit C
201215 Right of Entry Amendment No. 1
I.2. EDUCATIONAL SERVICES
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 Human Resources
Attachments:
201215 Personnel Order
I.3.b. Approve student teaching MOU with California State University, East Bay
Rationale:
Attached is a copy of the Student Teaching Memorandum of Understanding between California State University, East Bay and Morgan Hill Unified School District. The term of the agreement is November 1, 2020 through June 30, 2025.

The approval of this document establishes a formal relationship between the District and California State University, East Bay and allows the District to place student teachers and counseling interns in our district. Many fine permanent employees in our District have first served as student teachers or interns for Morgan Hill.

 
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
201215 CSU East Bay MOU
I.3.c. Approve Morgan Hill Unified School District Report of Governmental Accounting Standards Board (GASB) Statement No. 75, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions
Rationale:
This report presents the bi-annual determination of benefit obligations under Statement No. 75 of the Governmental Accounting Standards Board (GASB 75) as of June 30, 2019 for the retiree health and welfare benefits provided by the Morgan Hill Unified School District. GASB Statement 75, “Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions” was issued to provide standards for governmental employers to record expense for Other Postemployment Benefits (OPEB).  GASB 75 replaces GASB 45 for the District, effective June 30, 2019.

Attached is the GASB 75 Study conducted by Nick Franceschine of North Bay Pensions.  The information contained in this report was based on participant census information provided by the District and the actuarial assumptions and methods used in this valuation were affirmed by the District in consultation with the consultant.  The assumptions and methods are reasonable and appropriate for purposes of actuarial computations under GASB 75.

The Actuarial Present Value of Projected Benefit Payments (ADVPBP) for all current and former employees, as of June 30, 2019, is $61,654,500. This is the amount the District would theoretically need to set aside to fully fund all future benefits, even though the District will continue to fund benefits on a pay-as-you-go basis.

The differences between the 2017 figure of $64,363,82 and this year's $61,654,500 is due to: 

  • Expected change in the APVPBP since 2017 - $1,520,865
  • Changes in assumptions - $3,822,876
  • Change in MHCEA benefits - ($1,983,996)
  • Medical premiums different than expected - ($4,590,816)
  • Miscellaneous other experience gains and losses - ($1,478,231)

Total of all changes ($2,709,302)

 
Financial Impact:
The estimated valuation of projected benefits to be approximately $61,654,500; however the adopted budget includes pay-as-you-go and has over $616,264.76 set aside in Fund 20 reserved for OPEB liabilities.
Comments:
Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
Attachments:
201215 2019 Final GASB 75 Report
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Regular Board meeting of November 17, 2020
Comments:
Submitted by:
Steve Betando, Superintendent
Attachments:
201215 Meeting Minutes November 17, 2020
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Local Control Funding Formula (LCFF) Budget Overview for Parents (7:20 PM)
Rationale:
California Education Code (EC) Section 52064.1 requires each school district to develop the Local Control Funding Formula (LCFF) Budget Overview for Parents in conjunction with the LCAP by July 1 of each year.

Senate Bill (SB) 98 added EC Section 43509, which changed the adoption date for the Budget Overview for Parents for the 2020–21 school year. For 2020–21, local governing boards are required to adopt and submit the Budget Overview for Parents on or before December 15, 2020, in conjunction with the LEA’s first interim budget report. The effect of these two bills is to tie the revenue and budgeted expenditures referenced in the 2020–21 Budget Overview for Parents to the District's First Interim report, its Learning Continuity Plan, and its 2019–20 Local Control and Accountability Plan (LCAP). SB 820 requires the template and instructions to include the following changes for 2020–21:

  • The specific amount of federal funds allocated to the LEA under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
  • Total Budgeted Expenditures in the Learning Continuity and Attendance Plan (Learning Continuity Plan) and Total Budgeted Expenditures that Contribute to Increasing or Improving Services for Unduplicated Pupils in the Learning Continuity Plan.
 
Comments:
Submitted by:
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, Assistant Superindent Educational Services
Attachments:
201215 LCFF Budget Overview for Parents (English)
201215 LCFF Budget Overview for Parents (Spanish)
J.2. Brief Program Update - Connectivity Hub, Small Groups and Pilot Program (7:30 PM)
Rationale:
Staff will provide an update on the status of the three in-person programs at schools currently in the District and in anticipation of new requests for in-person instruction. Staff and trustees will discuss how changes in public health orders impact district or school activities or may impact programs in the predictable future. Staff will report on considered options for virus testing of employees. 
 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Fawn Myers, Assistant Superintendent Human Resources
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
Steve Betando, Superintendent
J.3. Approve 2020-21 first interim budget for the general fund as reported in the Standardized Account Code Structure (SACS) report (8:00 PM)
Rationale:
In accordance with Education Code 42130, a school district is required to submit twice during the fiscal year a financial report certifying the District’s ability to meet its financial obligations.  These reports examine the District’s enrollment, spending pattern, fund balance, and reserve for economic uncertainties.

There are several purposes for these reports:    

  • To provide a review of the District’s financial condition at periodic intervals during the fiscal year
  • To provide a status report to the Board of Education and the public of the financial condition of the District
  • To determine necessary budget revisions as a result of current or projected financial information
    • The interim reflects adopted, revised, and projected budgets
      • The first interim report reflects financial and budgetary status as of October 31, 2020

      Attached is a narrative of the budget adjustments in the General Fund and a spreadsheet summarizing the budgeted amounts.

       
      Financial Impact:
      Amend budget to reflect current fiscal information for the unrestricted and restricted General Funds
      Comments:
      Submitted by:
      Victoria Knutson, Director Fiscal Services
      Kirsten Perez, Deputy Superintendent and Chief Financial Officer
      Attachments:
      201215 2020-21 First Interim - Fund Summary Report
      201215 2020-21 First Interim - General Fund Narrative
      201215 2020-21 First Interim - SACS Form 01
      J.4. Call for Nominations to CSBA's Delegate Assembly – Due January 7, 2021 (8:30 PM)
      Rationale:
      Each year, member boards elect and/or appoint representatives to CSBA’s Delegate Assembly. According to CSBA’s Bylaws and Standing Rules, districts with an ADA of 30,000 or above qualify to appoint or reappoint representative(s) from their board to CSBA’s Delegate Assembly for a two-year term beginning April 1, 2021 through March 31, 2023.

      Your district is eligible to make an appointment for the term dates listed above. Your board must vote to either reappoint your current Delegate(s) or appoint another member(s) from your board. Boards eligible to appoint may also participate in nomination and election of other Delegates in the same region or subregion. An appointment form and biographical sketch form must be submitted by Thursday, January 7, 2021. A resume may be included with the biographical sketch. 

       
      Comments:
      Submitted by:
      Steve Betando, Superintendent
      Attachments:
      201215 2021 DA District Appointment Packet
      J.5. Ratify Deputy Superintendent and Assistant Superintendents' employment contracts (8:40 PM)
      Rationale:
      The law requires that administrator employment agreements be approved at regular school board meetings and in open session.  Effective January 1, 2017, Government Code section 54953 (3) requires that "Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive."
       
      Comments:
      Submitted by: 
      Steve Betando, Superintendent
      J.6. Superintendent Search Process and Timeline (8:50 PM)
      Rationale:
      Discuss the RFP process for selecting a search firm to conduct a Superintendent search
       
      Comments:
      Submitted by:
      Carol Ann Gittens, Board President
      Attachments:
      201215 1_Superintendent Search Steps
      201215 2_Superintendent Search Process
      201215 3_California Executive Search Firms for Superintendents
      J.7. New business: future agenda items / recognitions (9:20 PM)
      K. PUPIL DISCIPLINE (9:25 PM)
      K.1. Approve Recommendation for readmission of student R20/21-002
      K.2. Approve Recommendation for readmission of student R20/21-003
      L. ADJOURNMENT (9:30 PM)
      Rationale:
      The next REGULAR meeting of the Board of Education is scheduled for Tuesday, January 19, 2021, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, January 15, 2021.
       
      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: December 11, 2020, 4:42 PM

      The resubmit was successful.