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Regular Board of Education Meeting - Closed Session 5:00 PM
Morgan Hill USD
May 04, 2021 6:00PM
ZOOM Topic: Board of Education Regular Meeting Time: May 4, 2021 5:00 PM Closed Session 6:00 PM Open Session Join Zoom Meeting https://us02web.zoom.us/j/87887942891 Meeting ID: 878 8794 2891 One tap mobile +16699009128,,87887942891# US (San Jose) +13462487799,,87887942891# US (Houston) Dial by your location +1 669 900 9128 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) +1 312 626 6799 US (Chicago) +1 646 558 8

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 (5:00 PM)
A.3. PUPIL PERSONNEL - Student discipline Education Code §48918 (c)(K-12)
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: two cases
A.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code §54956.9
Rationale:


 
A.6.a. EL 17/18-001 v. Morgan Hill Unified School District Case No. 17CV319128
A.6.b. EL 20/21-001 vs Morgan Hill Unified School District Case No 20CV369396
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.10. PUBLIC EMPLOYEE APPOINTMENT (Government Code § 54957)
A.11. 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
D.1. VAPA Musical Presentation (6:05 PM)
Rationale:
Courtney Schmidt, teacher and arts lead at Barrett Elementary School, found a virtual musical that could engage students even in a distance learning setting. We had three schools put on productions of this show: Barrett Elementary, P.A. Walsh STEAM Academy, and Martin Murphy Middle School. "Super Happy Awesome News" focuses on empathy and expressing emotions when facing the challenges that occurred over the past year. We will be sharing a video clip of Barrett's production.
 
Comments:
Submitted by:
Victoria Sorensen, Director Equity Programs
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
D.2. Recognize Rotary of Morgan Hill for their service efforts with the vaccination clinic for the MHUSD District Community and Public
Rationale:
Morgan Hill Unified School District partnered with Safeway NorCal Pharmacy Operations in the development of a vaccine clinic commencing on March 10, 2021. Securing 2,340 Pfizer vaccines for the first and second dose clinics enabled the entire District staff, substitute pool, and childcare workers in the district access to full vaccinations prior to the full opening of schools. 

The logistics of managing the clinic and the clients however, also required about one hundred volunteer hours. Many from the general community and many employees of the District stepped up to support the clinic. Because of the long clinic hours and in the interest to provide a positive personal experience to clients, more volunteers were needed to provide for a more personal to those going to Sobrato High School for their vaccines. To fill the need, Superintendent Betando reached out to John McKay in request of organizing volunteers. Through John McKay's outreach, Rotarians and other community members readily volunteered. People tapped family members and called friends to help, and they all dedicated personal time to assist at the first clinic. 

Because of the first clinic's success, additional clinics at Sobrato and also the Community Cultural Center were scheduled. The request for vaccine clinics increased and the request for vaccine dose allocations jumped to over 10,000. The volunteer hour needs then grew from one hundred hours to thousands of hours. The Rotary Club of Morgan Hill quickly adopted the vaccine clinic as a service project of the Club so that the clinics could scale up. Dozens of Rotarians have filled in for the needed support and helped develop the clinic into a highly successful and exemplary community project.  

The Governing Board recognizes the Rotary Club of Morgan Hill for its selfless dedication to the people of the bay area through personal and organizational commitment and volunteerism at the to the MHUSD, Sobrato, and Community Cultural Center Vaccine Clinics.

The Governing Board also recognizes John McKay for his hard work and dedication of recruiting volunteers, setting up schedules, managing volunteer responsibilities, and perpetuating the positive climate in our vaccine clinics. 

 
Comments:
Submitted By:
Steve Betando, Superintendent
E. ADOPTION OF AGENDA (6:15 PM)
F. APPROVAL OF CONSENT CALENDAR (6:17 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 (6:20 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 (6:30 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. Ratification of contracts executed pursuant to Board Policy 3312 for the months of February and March 2021
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 February and March 2021.

 
Comments:
Submitted by:
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
200504 March 2021
210504 February 2021
I.1.b. Adopt resolution to accept donations made to the Morgan Hill Unified School District and increase budgets
Rationale:
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.
 
Financial Impact:
Cash donations added to budgets of each site
Comments:
Submitted by:
Victoria Knutson, Director Fiscal Services
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
210504 Donations Reso
I.2. EDUCATIONAL SERVICES
I.2.a. New Course approval - Construction Technology II
Rationale:
The Secondary Curriculum Council is requesting approval of  Construction Technology II as a year long course available to grades 10-12.  The course outline has been recommended by the secondary curriculum council (29-0) and the course outline (attached for your reference) has been approved by UC Doorways as a college preparatory elective course. Construction Technology II builds on skills and knowledge gained from the level one course in the Residential and Commercial Pathway. Students continue to grow and develop in the construction trades, explore career opportunities, working on design concept plans and procedures, electrical, green construction, weatherization, wall and roof framing, cabinetry, tile setting, concrete and masonry, and more. Coursework is project-based, providing students with opportunities to develop teamwork and project management skills. The culminating project is a structure that will include: framing, electrical, plumbing, and finish work.  Construction Technology II is a capstone course that will enable students to complete a CTE pathway and contribute to the College and Career Readiness goal and dashboard metric
 
Financial Impact:
None, absorbed with CTE department budgeting, instructional Materials already owned.
Comments:
Submitted by:
Glen Webb, Director Curriculum, Instruction and Assessment
Pilar Vazquez-Vialva, Assistant Superintendent

Attachments:
210504 Construction Tech ll
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:
210504 Personnel Order
I.4. SUPERINTENDENT
I.4.a. Approve the minutes from the Special Board meeting of January 25, 2021
Comments:
Submitted By:
Steve Betando, Superintendent
Attachments:
210504 Special Meeting Minutes January 25, 2021
I.4.b. Approve the minutes from the Special Board meeting of January 28, 2021
Comments:
Submitted By:
Steve Betando, Superintendent 
Attachments:
210504 Special Meeting Minutes Janaury 28, 2021
I.4.c. Approve the minutes from the Regular Board meeting of April 20, 2021
Comments:
Submitted By:
Steve Betando, Superintendent 
Attachments:
210504 Regular Meeting Minutes April 20, 2021
J. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION
J.1. Update on Return to In-Person Instruction (7:00 PM)
Rationale:
Staff will provide an update on the return to in-person instruction.
 
Comments:
Submitted by:
Pilar Vazquez-Vialva, Assistant Superintendent Educational Services
J.2. Approve renewal of agreement with the City of Morgan Hill for School Resource Officer (SRO) services (7:30 PM)
Rationale:
The District and the City of Morgan Hill have partnered to ensure school campuses are a safe place for students to learn and grow.  After consideration of input from elected officials, staff from both agencies, and input from the public, modifications were made to the agreement for the 2021-2022 school year. The modified agreement enables the Morgan Hill Police Department to continue to provide SRO services to Live Oak, Ann Sobrato, and Central High Schools, along with additional sites as needed.
 
Financial Impact:
Not to exceed $130,000 from General Funds
Comments:
Submitted by:
Jessie Swift, Coordinator Student Services
Victoria Sorensen, Director Equity Programs
Pilar Vaquez-Vialva, Assistant Superintendent Educational Services




Attachments:
210504 SRO Agreement
J.3. Discuss Facility Assessment Plan (8:00 PM)
Rationale:
In October 2020, the Board participated in a series of study sessions on facilities. Staff presented a five-year plan for facilities projects which included $21.2M designated for Renovation Projects. 

Background

Routine maintenance consists of recurring, usual upkeep for the preservation of facilities and grounds. The purpose of routine maintenance is to keep roofs, mechanical equipment, and other infrastructure in good condition and working order so they achieve their full useful life span. Districts typically fund routine maintenance using their general operating funds (requirement to set aside 3% of operating budget annually in order to qualify for State bond funds).

Renovation Projects, or more commonly called deferred maintenance, occur when building systems or other infrastructure are at the end of their useful life and need replacement. When the State's deferred maintenance program was eliminated in 2013–14 as part of the LCFF restructuring, this left many Renovation Projects without a dedicated funding source aside from local school bonds.

Facility Assessment Plan

In November 2020, the District contracted with Furman Construction Services, Inc to have a third-party inspector, along with Staff, evaluate the following four areas that support preserving core infrastructure and staff and student safety:

  • Fire alarm systems
  • Heating, Ventilation, and Air Conditioning (HVAC)
  • Roofing
  • Asphalt

Capital Program Management, Inc then assisted the District with compiling the assessment data and providing cost estimates. The Facility Assessment Plan totals $40.7M (pg. 2) for the items identified as Improvement Needed (end of life cycle).

Staff has analyzed the findings from the report and created the Project List document that prioritizes the projects that involve fire, life & safety and projects deemed most critical based on feedback from the Maintenance Department Staff. The projected total for completion of these projects is $19.7M ($21.2M with contingency and escalation). These projects would be completed over the next three years.

Next Steps

Staff recommends the Board review and discuss the Facility Assessment Plan tonight and at a subsequent meeting that the Board approve a priority list of projects. After a Board list of projects are approved, Staff can begin designing and bidding the projects. Each project would be brought back to the Board to award the final contract prior to work commencing. 

Staff also recommends the Board consider discussing and potentially creating an additional set-aside within the District's operating budget to fund Renovation Projects. Without a dedicated and ongoing funding (school bonds are neither), facility conditions could deteriorate eventually disrupting instructional programs and requiring more expensive investments, such as emergency repairs. Given that the District is in the process of developing its three-year Local Control Accountability Plan, now is the ideal time to have a discussion on funding priorities.

 
Financial Impact:
Approximately $21.2M in Measure G funds are allocated for Renovation Projects.
Comments:
Submitted by:
Jackie Schaefer, Director Bond Program
Kirsten Perez, Deputy Superintendent and Chief Financial Officer
Attachments:
210504 2021 Facility Assessment Plan
210504 Facilities Assessment Plan
210504 Five Year Facility Project Plan
210504 Projects List
J.4. Board of Education Meetings Structure and Social Distancing (8:30 PM)
Rationale:
The Board has used a virtual meeting platform for its meetings since the COVID-19 Pandemic Shelter-in-Place Order on March 13, 2020. The virus spread has subsided significantly, vaccines are broadly distributed, and Public Health guidance has relaxed protocols requirements for gatherings. The Governing Board will discuss possible meeting structure changes including:

Total Distance: (Current structure. totally virtual - with no one attending in-person)

Total In-person: (no trustee, staff, or community members on-line. Please do not consider video streaming in the description of "virtual," unless those who watch the meeting on-line can interact with the board)

Hybrid I: (some trustees and/or staff in person and some on-line)

Hybrid II: (trustees and staff all in person, but with public all on-line - public can interact with the board.

Hybrid III: (trustees and staff all in person, but with a limited number of the public in person and with the remainder of the public on-line who are allowed to interact with the board)

Other: (a configuration other than the above possible structures)

A list of the public school district current governance structures are available for reference. The Board may consider a timeline for the change once determined.

 
Comments:
Submitted by:
Steve Betando, Superintendent 
Attachments:
210504 CURRENT Governance Meeting Structure SCC Districts 04292021
J.5. New business: future agenda items / recognitions (8:45 PM)
K. PUPIL DISCIPLINE
L. ADJOURNMENT (8:55 PM)
Rationale:
The next REGULAR meeting of the Board of Education is scheduled for Tuesday, May 18, 2021, with Open Session beginning at 6:00pm.  The agenda will be available on the District's website by 5:00pm Friday, May 14, 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: April 30, 2021, 9:35 AM

The resubmit was successful.