The items are obsolete: 

2004 Street Sweeper

1988 Tire Machine

Upright Scaffold

Electric Power Jack

Electric Fork Lift Serial 1436

2006 Volvo Truck 4V4NC9GH26N416810

Two Steam Kettles

However, the California state legislature, in cooperation with the California Department of Education, has designated May 12, 2021 as “California Day of the Teacher.”  The California Day of the Teacher arose out of legislation co-sponsored by the California Teachers Association and the Association of Mexican American Educators. Senator Joseph Montoya wrote the bill and it was adopted in 1982. California has patterned its celebration after the traditional El Dia del Maestro festivities observed in Mexico and other Latin American countries.

In keeping with this designation and in order to bring much deserved recognition to the members of our certificated staff who dedicate themselves to the education of the students of the Morgan Hill Unified School District, especially adapting their practices throughout the pandemic, administration is recommending approval of a resolution proclaiming May 12, 2021 as the “California Day of the Teacher."

The Morgan Hill Unified School District (District) and the Morgan Hill Classified Employees Association (MHCEA) entered into negotiations in March 2021 over articles of interest to both parties.  On April 1, 2021, the parties reached tentative agreement.

MHCEA leadership held a general meeting with their members to review the agreement, and the members were able to cast their vote by site elections by April 15, 2021.  The MHCEA members have ratified the agreement.

After conducting the public hearing, staff recommends that the District also ratify the agreement.

Below is a summary of the major components of the agreement.  Attached are the specific language changes that have been agreed to.

Article 4 - Wages

• Effective July 1, 2021, the structure for bilingual stipends will change.  Increase the bilingual stipend amount from $500 to $1000 annually, which will include providing written as well as verbal translations, as needed, from the receiving employees’ current positions.  Employees eligible for the increase in bilingual stipend include those who currently occupy positions for which being bilingual is required as well as those who are bilingual/biliterate, use their skills at the request of their supervisor during the scope of their work, and wish to take the District bilingual/biliteracy test to certify their proficiency.

• Effective July 1, 2021 the 2020-21 Classified Salary Schedule increases by 5.5%. 

• Amend language for parity of settlements with other employee groups, whereby MHCEA leadership can request reopening of negotiations if the ongoing economic improvements of another group’s settlement (separate from any concessions made during that group’s bargaining) exceed the ongoing economic improvements offered by the District to MHCEA.

Article 7 - Health and Welfare

• Effective July 1, 2021, increase the District’s contribution to health and welfare benefits for full-time classified employees from $10,200 annually to $12,000 annually (from $850/month to $1000/month). 

• Add language to clarify when an employee’s benefits begin and end, related to the date of hire and date of separation, adding language about COBRA coverage.

• Eliminate language related to the post-employment benefit sunshined on December 31, 2019.

Article 18  - Effects of Layoff

• Add language to clarify the effects of bumping rights to ensure that a displaced employee may bump the least senior worker with the same or as close to the same number of hours and days in the same classification.

Article 19 - Duration

• Update the dates that the agreement will be in effect - July 1, 2021 through June 30, 2024.

Appendices

• Update Appendix A which displays the classification and ranges for classified employees. Retitle clerical positions containing ‘secretary’ to align with other positions in the District. Regrouped positions into job families.

• Update Appendix B by adding 5.5% to range 35P. The classified salary table is set up to have 2.5% increase from probationary to step A and 2.5% increase from the probationary step for each range. Each step B-E across the table increases approximately 5%. This is a squared salary table.  The agreed-upon percentage increase is added first to range 35P and the remainder of the table is set by the increases described above.

• Update Appendix D, renewing the bus driver recruitment incentive through June 30, 2022.

Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Fawn Myers, Assistant Superintendent of Human Resources

The Committee has met throughout the year, receiving updates from District Staff regarding District facilities activities. The Committee has reviewed specifically the expenditures from Measure G to ensure that they are consistent with and in compliance with the Measure G ballot language. Additionally, the Committee has received regular project updates for the work scheduled through the program.

Staff recommends approving the donation agreement and expresses deep appreciation for Mr. Latronica's generous donation and looks forward to sharing this collection with future generations of students. 

Ken Reynolds, President and Brett Merrick, Vice President of School Works, Inc., will present the demographic study to the Board.

As a result of the passage of Proposition 51 in November 2016, $500 million in State bond authority has been made available to the Charter School Facilities Program (CSFP) for use by charter schools for the construction of new facilities or rehabilitation of existing facilities. For both new construction and rehabilitation projects, the charter school must provide a 50% matching contribution which can come from the charter school’s own resources or can be borrowed from the State. State loans are repaid over a period of 30 years starting one year from the date of occupancy.

On March 31, 2017 Charter School of Morgan Hill (CSMH or Charter) notified the District of its intent to seek a preliminary application for Proposition 51 funds for the rehabilitation of the Encinal campus with a 50% grant / 50% loan. On May 16, 2017, against Staff recommendation, the Board of Trustees approved to “support the Charter School of Morgan Hill’s application for Proposition 51 funding with the Office of Public School Construction”. The approval of the application did not require approval of a specific project area; however, the Agreement for the Rehabilitation of the Encinal Campus approved at the May 16, 2017 Board Meeting contains a provision stating that: “Prior to the execution of any agreement with a contractor or developer with regard to the Site (Development Agreement), and prior to the execution of any Use Agreement, Charter School shall provide to the District for its review and acceptance, in its sole and absolute discretion, the scope and detail of the Project and evidence that Charter School has sufficient funds to commence and complete the Project…”

On February 28, 2018 the State Allocation Board took action to provide a $13,799,424 (50% grant and 50% loan) preliminary apportionment to CSMH. The Facilities Use Agreement with CSMH approved at the Board’s January 16, 2019 Board Meeting, which was required for CSMH to access funding, identified two potential project areas, depicted as either Locations 1-3 or Location 4 on the attached site map. The Facilities Use Agreement also contemplated that CSMH may seek to improve other portions of the site if funding was available and the District consented to encumbering those areas under Proposition 51, “The Parties acknowledge that Charter School may also elect, if it has sufficient funding, to perform improvements to other portions of the Site (Additional Prop 51 Project Improvements). If Charter School does elect to perform, and District approves, the Additional Prop 51 Project Improvements, the Parties agree to amend this Agreement to define the Prop 51 Project Perimeter to include the portion of the Site where the Additional Prop 51 Project Improvements are located.”

The District and CSMH began meeting in August 2020 so that the District could give input on the project as CSMH was in the design phase. In early 2021, CSMH shared that in order to qualify for its full CSFP allocation all of the buildings on the campus (with the exception of the gym, one classroom, and one restroom building) would need to be encumbered under the Proposition 51 project area. While we acknowledge the District and CSMH have different recollections, it is the District’s position that initial project application was further refined into the smaller project perimeter included in the January 2019 Facilities Use Agreement.

Charter School of Morgan Hill Request

On March 5, 2021 CSMH requested this Board agenda item on the topic of the Proposition 51 project perimeter. In accordance with BB 9322 the District has agendized this topic for discussion and potential action.

CSMH has requested the Board consider two options: 

1. The District and CSMH would agree that the Prop. 51 buildings identified in the attached map represent the Prop. 51 Project Perimeter for purposes of the facilities use agreement. This would allow CSMH to access its entire CSFP grant of $14 million and provide a broad swath of upgrades to the permanent classrooms on campus in addition to new construction of classrooms and office buildings. 

2. CSMH would just construct the two new buildings using Prop. 51 dollars, and the District would provide CSMH with funds either from its own bond or other sources in the amount CSMH would have generated in bond and matching loan monies to fund upgrades to the permanent classroom buildings (currently estimated to be $5 million), whereby those classrooms would remain under Proposition 39.

CSMH further proposes that under either option, CSMH and the District would enter into a single facility use agreement that would define both the Prop. 51 and the Prop. 39 facilities (as well as those facilities owned by CSMH), and provide CSMH with use of the entire site for the term of the current FUA, with an attendant Prop. 39 waiver while it occupies the Prop. 39 facilities. The site would be maintained at CSMH’s sole cost and expense, and no further fee would be charged. If CSMH’s enrollment at CBEDS drops below 450 in any given year, in the following year the District would be entitled to reclaim a number of classrooms for its use for that year which is the number of enrolled students below 450 divided by 25. For example, if CSMH’s enrollment is 300 in one year, in the next year, the District could reclaim 150/25, or 6 classrooms.

District Position

Sites improved with Proposition 51 funding are encumbered potentially in perpetuity. (Education Code section 17078.57 ([t]he District holds title to the site “in trust for the benefit of the state public school system.”).) CSMH would have first priority over the site until “no longer needed … for charter school purposes.” Then, a “qualifying successor charter school” would have priority use of the site. Only when no qualifying successor charter school needed to use the site, the District could use the site for District programs, as long as it assumed the Charter School’s matching share of payments to the State.

From an operations perspective, Option 1, which is proposed by CSMH, would essentially take away control of one entire district property of the District’s school site inventory for an indefinite period of time. This harms the District by hindering the Board’s ability to adjust to student population changes and/or programmatic changes or to surplus property in order to support other facility or financial needs. The site would also be unavailable to meet the District’s obligations under Proposition 39 to any other eligible charter school operating in the District. Although the District’s school site would be improved at no cost to the District, the District’s ability to use the site for its own programs, or to meet legal obligations to charter schools, would be restricted.

Moreover, although CSMH has proposed language which would allow the District to recover classrooms if enrollment at CSMH declines, the District does not believe that an agreement between the District and CSMH can curtail the rights of an unidentified future successor charter school. Therefore, any agreement between the District and CSMH cannot protect the District against the legal ramifications of the potential long-term encumbrances on the site imposed by Proposition 51.

With Option 2, there is no legal requirement that the District subsidize CSMH’s Proposition 51 project. Projects under Series C of Measure G, the District’s 2012 bond measure, have already been identified, with planning already underway. Re-scoping current deferred maintenance and fire/life-safety projects to subsidize CSMH’s project would come at the expense of the District’s long-term infrastructure needs.

Conclusion:

Staff recommends that the Board maintain the initial project areas identified in the January 2019 Facilities Use Agreement. Minor modifications necessary to accommodate the footprint of the classroom building may be acceptable, but encumbering nearly all the classroom buildings under Proposition 51 is not recommended given the long-term facilities implications.

Additionally, Staff has already indicated that the minor improvements to the permanent buildings (paint, carpet) contemplated in the current project plan could be incorporated into the District’s maintenance plan and be completed over the next several years.

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.

Attached are materials related to the run-off election.

The ballot must be completely filled out and returned to CSBA . Run-off ballots must be postmarked by the U.S. Post Office on or before Friday, April 30, 2021. 

The run-off ballots will be counted by May 10 and candidates will be notified of the results immediately. Should a second tie occur, the Regional Director will cast the tie-breaking vote.

All newly elected Delegates will serve terms that will expire on March 31, 2023.