Regular Board of Education Meeting - Closed Session 5:00 PM Morgan Hill USD March 02, 2021 6:00PM ZOOM
Topic: Board of Education Regular Meeting
Time: Mar 2, 2021
5:00 PM Closed Session
6:00 PM Open Session
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Meeting ID: 886 0004 2131
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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. |
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Ann Sobrato High School is pleased to recognize Trevor Myhre on his selection as a “Finalist” for the National Merit Scholarship Program from the College Board. Trevor is one of 15,000 Finalists being considered in the selection of 7,500 National Merit Scholarship awards worth approximately 30 million dollars. These Finalists are the highest scoring entrants in each state. This is a prestigious honor and exemplifies the high level of commitment to learning that we aspire to Ann Sobrato High School.
We are extremely proud of Trevor’s accomplishments. Congratulations to Trevor who is an excellent representative of Ann Sobrato High School and the Morgan Hill Unified School District. |
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Submitted by: Theresa Sage, Principal, Ann Sobrato High School Pilar Vazquez-Vialva, Assistant Superintendent, Educational Services |
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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.
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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.
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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 month of January 2021. |
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Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
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210302 January 2021 Contracts
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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 month of January 2021. |
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Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
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210302 January 2021 Contracts
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Cash donations and other types of donations have been listed on the attached resolution. The following is a donation action resolution to accept donations and increase budgets as a result of cash donations and make changes between funds as needed. |
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Cash donations added to budgets of each site
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Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer |
210302 Donations
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On December 10, 2019, Staff received competitive proposals and the Board approved an agreement with CAW Architects (formerly Cody Anderson Wasney) in the amount of $287,500 for design services for Nordstrom Elementary School Administration Modernization. The original agreement was based on a construction budget of $2,000,000. On October 20, 2020, the Board approved increasing the scope and budget for the Nordstrom Elementary School Administration Modernization. This increase will include an addition to the Administration building and will include structural changes required by Division of State Architect. As a result of the increased scope, the construction budget is now $3,900,000.
Staff recommends approving the amendment to CAW Architect's agreement and an amended contract value of $501,318. The design fees are based on the Office of Public School Construction's (OPSC) sliding scale for design services and the amended contract value is already included in the overall project budget. |
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$501,318 to be funded out of Measure G bond proceeds |
Submitted by:
Jackie Schaefer, Construction Project Planner
Kirsten Perez, Deputy Superintendent and Chief Financial Officer |
210302 CAW Agreement
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In accordance with the requirements of Education Code 41020, the governing board of each district is required to provide for an annual audit. The audit must be performed in accordance with generally accepted auditing standards for financial and compliance audits as established by the U.S. General Accounting Office and conform to the standards issued by the Office of the State Controller.
Eide Bailly, formally Vavrinek, Trine, Day & Co., LLP (VTD) has been providing audit services to the District since 2005-06. Eide Bailly specializes in school district financial audits and is familiar with the schools unique reporting requirements. The partner currently assigned to the District is Joyce Peters; however, in accordance with Assembly Bill 2834 the partner on the audit will rotate every six years. Our new partner will be Ahmad Gharaibeh.
Staff recommends approving the three year contract with Eide Bailly for auditing services. |
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Unrestricted General Fund 2021-22: $54,000, 2022-23: $55,000 and 2023-24: $56,000 plus $6,000 per year from the Bond Fund for the performance audit required by Proposition 39.
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Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
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210302 Audit Contract
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See attached
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Included in adopted budget
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Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
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210302 Personnel Order
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The Morgan Hill Unified School District, in conjunction with National Administrative Professionals Day, has adopted a Resolution proclaiming the fourth Wednesday of April as Administrative Professionals Day.
The term “Administrative Professional” encompasses all office support staff, the classified employees who are the link between parents, teachers and administrators who keep offices running smoothly and efficiently. As the Board of Education of the Morgan Hill Unified School District values its administrative support staff, the Board, by adopting the attached resolution, would like to take this opportunity to express its gratitude for their fine work by joining other districts in the country in proclaiming April 21st as Administrative Professionals’ Day. |
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None
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Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
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210302 Admin Professionals' Day Resolution
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California Highway Patrol and the California Department of Education has declared the fourth Tuesday of April as “School Bus Drivers’ Appreciation Day.” As the Board of Education of the Morgan Hill Unified School District values its support staff, the Board, by adopting the attached resolution, would like to take this opportunity to express its gratitude for the fine work of its transportation bus driver team by joining other districts in the State in proclaiming this “School Bus Drivers’ Appreciation Day.” This year, we are especially appreciative of our Transportation Department employees who joined new teams and learned new tasks in maintenance and grounds keeping as they were reassigned during the time of school building closure. Many of our bus drivers have not been driving vans or busses, but they have actively participating in campus enhancement projects. We thank them for their flexibility and their contribution to keeping our campuses and grounds in good shape. We also look forward to a time when our buses can once again safely transport students. |
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None
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Submitted by:
Fawn Myers, Assistant Superintendent Human Resources
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210302 School Bus Drivers Appreciation Day Resolution
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Staff will provide the latest information in an update on the Spring 2021 reopening of MHUSD schools for in-person instruction. Information will include:
- current status and measures of the local COVID-19 virus spread
- status of vaccination availability to the education sector in Santa Clara County
- status of current in-person programs
- athletic program reopening schedule
- status of school hybrid schedules
- impact of changed conditions to the timeline of the reopening plan
- requirements for standardized accountability testing and directions from the State and Federal governments
- current considerations and plans for 2021 high school graduations
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Submitted by: Pilar Vazquez-Vialva, Assistant Superintendent Educational Services |
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Educational Services Department in partnership with National Equity Project will briefly present a few highlights from our Equity Learning Series we have engaged and committed to this year and beyond. We will spotlight what we are learning as a system for equity and educational justice. As we embark on the new three-year cycle of the Local Control Accountability Plan (LCAP), we will continue to deepen our understanding of equity and social and racial justice. Moving forward, at the Governing Board Study Session on March 16, 2021, we will continue to engage in our commitment to equity which will inform and drive our LCAP. |
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Submitted by: Pilar Vazquez-Vialva, Assistant Superintendent Educational Services |
210302 NEP Presentation
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The Live Oak LIGHT Grant Team will present their progress on their grant funds on social justice and anti-bias, anti-racist training along with trying to facilitate difficult conversations with staff and students. They will be discussing what they have learned, what they have accomplished, and what they hope to see in the future within their school's professional development and district-wide professional development. |
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Submitted by: Quoc Anh Nguyen Gretchen Monke Jillian Ray Ingar Wang Tanya Calabretta, Principal Live Oak High School Pilar Vazquez-Vialva, Assistant Superintendent Educational Services |
210302 LIGHT Grant Presentation
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Public Hearing: California law requires that items to be negotiated be “sunshined,” or brought to light for the public, and that the Board of Education provides an opportunity for public comment before approving the opening of such negotiations. The Morgan Hill Federation of Teachers sunshined their articles at the last regularly scheduled meeting of the Board. Attached are the District's interests in the articles to be opened for negotiations with the Morgan Hill Federation of Teachers.
Following a public hearing, the Board may take action to accept the District openers. |
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Submitted by: Kirsten Perez, Deputy Superintendent and Chief Financial Officer Fawn Myers, Assistant Superintendent Human Resources |
210302 MHFT District Openers for Negotiations
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California Education Code 17406 authorizes school districts to use a delivery method known as Lease-Leaseback for construction. Phil Henderson, Partner with Orbach Huff Suarez & Henderson, will provide a legal overview of this construction delivery method. Staff will provide information on why this delivery method is preferred over standard competitive bidding (“design-bid-build”) for the Britton Middle School Administration and Student Union project. What are the potential advantages?
- The District can select a high quality contractor based on qualifications and references, rather than being forced to accept the low bidder under competitive bidding. This is especially critical for larger projects that use an aggressive schedule or for modernization projects that have additional complexities.
- Bid disputes are eliminated.
- Competitive pricing can still be incorporated through competitive bidding of subcontractors.
- The District can work with the selected contractor in advance in order to clarify scope (e.g., constructability reviews), thus reducing unforeseen conditions and errors in the design.
- Lease-Leaseback minimizes change orders caused by a contractor underbidding the project.
- In addition to price, the non-monetary terms of the contract can be negotiated.
What are the potential disadvantages?
- The Guaranteed Maximum Price ("GMP") may be higher than a competitively bid "design-bid-build" price.
- The District may not enter the lease-leaseback agreement until the Division of State Architect has approved the plans. However, the District may enter a pre-construction agreement with the lease-leaseback contractor for preliminary services, such as constructability review.
- This contracting method is less known to some contractors.
- Some local subcontractors might be excluded by the selection process. However, this potential problem could be minimized by requiring the contractor to competitively bid the subcontractor work.
- A GMP may still increase due to unforeseen conditions and errors in the design.
- The legality of Lease-Leaseback arrangements has challenged in the courts.
The use of the Lease-Leaseback delivery method allows districts to deal with many of the complexities and unknown variables that are present in projects early on. This is done by bringing the contractor to the table during the design phase to work closely with the architect and engineers. An early onboarding process such as this fosters a collaborative relationship between the district, the contractor and the design team which allows constructability reviews, value engineering and more importantly leads to a GMP upon completion of the construction documents. A GMP reduces the number and cost of change orders that are typically present when using standard competitive bidding which is the method that is currently used by the District. Lease-Leaseback would be a preferred delivery method for projects that are complex and have a greater risk of cost overruns and unknown conditions under the design-bid-build method.
Staff suggests delivering the Britton Middle School Student Union and Administration Building project and possibly other future complex projects by using the Lease-Leaseback delivery method. |
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Submitted by:
Jackie Schaefer, Construction Project Planner
Kirsten Perez, Deputy Superintendent and Chief Financial Officer |
210302 LLB Presentation
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During an era of escalated tobacco and other drug use in our State, the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) provides local public agencies with funding to promote a healthier California by reducing illegal sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors. The City of Morgan Hill, Morgan Hill Police Department recently received notice they were awarded the two-year Proposition 56 Law Enforcement Tobacco Grant to fund a School Resource Officer for two years beginning July 1, 2021. Recipients were given a deadline, March 5, 2021, to accept or decline the grant award.
The Grant specifies for the majority of work to be in the Morgan Hill Unified Schools. There are three goals: 1. Implement 1FTE School Resource Officer 100% Dedicated to Tobacco/Vaping; 2. Conduct Community-Wide Enforcement Operations & Education Sessions; and 3. Expand WAVE Peer-to-Peer Education & Awareness Campaign. Each of these goals has actions with metrics.
City staff will present the Grant goals. The Grant can only be accepted upon support of the School District while partnering with the activities identified in the Grant. The Board may ask question and discuss the activities identified in the Grant.
Staff recommends taking action on supporting the activities identified in the Grant and request for the City of Morgan Hill to accept the Grant. |
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Submitted by: Steve Betando, Superintendent |
210302 California Department of Justice Grant
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The District began its search for a qualified candidate to become its new superintendent of schools to start on July 1, 2021. At its December 15, 2020 Meeting, the Governing Board authorized a proposed timeline for the search along with a Request for Proposal (RFP) process and document to seek services of an executive search firm or individual with experience in the recruitment and selection of superintendents. A Superintendent Search webpage is now linked to the District's website and can be accessed here: https://www.mhusd.org/superintendent-search-2021. As the process continues, new information will be added to the webpage.
The Superintendent Search agenda item will continue as a standing item on the agenda on the Regular Agenda for discussion as needed. |
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Submitted by: Steve Betando, Superintendent |
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On September 15, 2017, the Board of Education approved the Series B preliminary project list. The $80 million in proceeds from Series B were broken into five main categories:
- Britton Middle School reconstruction
- Nordstrom Elementary portable replacement
- Jackson Academy of Math and Music new multi-use room/gym
- Technology infrastructure and instructional technology replacement
- Construction management
A total of $57,479,738 has been spent, or 69%, of Series B proceeds as of January 31, 2021. Staff will present an overview of the project and budget status for Measure G. |
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Submitted by: Jackie Schaefer, Construction Project Planner Kirsten Perez, Deputy Superintendent and Chief Financial Officer
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210302 Quarterly Measure G
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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 second interim report reflects financial and budgetary status as of January 31, 2021.
Attached are the State prescribed budget forms, a narrative explaining the changes in the General Fund, and a spreadsheet summarizing the budgeted amounts. |
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Submitted by: Victoria Knutson, Director Fiscal Services Kirsten Perez, Deputy Superintendent and Chief Financial Officer
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210302 2020-21 2nd Interim Budget - General Funds Narrative 210302 All Funds Summary 210302 Form 01
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California Education Code 44949 states, "No later than March 15 and before an employee is given notice by the governing board that his or her services will not be required for the ensuing year for the reasons specified in Section 44955, the governing board and the employee shall be given written notice by the superintendent of the district or his or her designee that it has been recommended that the notice be given to the employee." Working with enrollment projections, students' course requests, and staffing allocations, site administrators, in collaboration with District staff, have identified the Particular Kinds of Services (PKS) that may need to be eliminated from the school district budget for the 2021-2022 school year.
With the information available as of March 1, and pursuant to the statute above, the Governing Board of the Morgan Hill Unified School District must act upon the resolution to decrease the number of certificated employees due to a reduction or discontinuance in Particular Kinds of Services (PKS) in order to meet the requirement to serve a layoff notification to any affected employee by March 15, 2021. As time progresses and more information becomes available related to student enrollment, student course requests, and other staffing adjustments, including transfers, should the District have the need for the Particular Kinds of Service identified in this resolution, then a layoff notice would be rescinded. |
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Submitted by:
Fawn Myers, Assistant Superintendent Human Resources |
210302 Certificated PKS Resolution
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The Delegate Assembly meets twice each year. It sets CSBA’s general policy direction and fulfills a critical governance role within the association. Delegates act as liaisons between CSBA and local board members in their regions, and they also meet with the other Delegates and the CSBA Director in their regions. Delegates serve two-year terms that begin April 1. Ballots for election to CSBA's Delegate Assembly, in subregions that have elections, were mailed to school districts and county offices of education by Feb. 1. Completed ballots should be returned to CSBA’s West Sacramento office and must be postmarked by the U.S. Postal Service no later than Monday, March 15, to be valid. All districts, COEs and candidates will be notified of the results by April 1.
Run-off elections will be conducted in the case of tie votes. All new and re-elected Delegates are eligible to attend the May 15-16 Delegate Assembly meeting. |
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Submitted by: Steve Betando, Superintendent |
210302 Region 20 Biosketches & Resumes 210302 Region 20 Corrected Ballot
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The next REGULAR meeting of the Board of Education is scheduled for Tuesday, April 20, 2021, with Open Session beginning at 6:00pm. The agenda will be available on the District's website by 5:00pm Friday, March 16, 2021. |
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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. |
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Published: February 26, 2021, 1:44 PM
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