• Burke, Williams & Sorensen
• Liebert Cassidy Whitmore
• Lozano Smith
• Orbach Huff & Henderson
• Fagen Friedman & Fulfrost

Having a variety of legal firms allows the District flexibility to select the firm with the most expertise and experience for a particular matter. Since these firms represent many clients in the education field the possibility of conflict of interest could arise, the District will have the option to easily select alternative counsel. 

Per Section 6.3 of the Facility Use Agreement between Charter School of Morgan Hill and the District for the Use and Occupation of Encinal School approved by the Board of Trustees on January 16, 2019:

“CHARTER SCHOOL shall at its own expense obtain all necessary environmental and governmental approvals and permits, including, without limitation, the California Environmental Quality Act ("CEQA"), any necessary approvals from any local authority including any Site, grading, zoning, design review and other required permits or approvals, if applicable, prior to commencing construction and shall provide District with evidence of approval by all applicable governmental agencies. However, the District agrees to act as the Lead Agency for any required CEQA approvals or proceedings, provided, that CHARTER SCHOOL shall reimburse District for any reasonable costs associated with serving as Lead Agency. The Parties agree that the Project likely involves the rehabilitation and replacement of existing public school facilities, and to pursue lawful use of the “Class 2” Categorical Exemption from CEQA (14 CCR § 15302). The Parties further agree that it is their intent that the Project shall not increase the original student capacity of the Site by more than twenty-five percent (25%) or ten classrooms, whichever is less, which activity is within the “Class 14” Categorical Exemption from CEQA (14 CCR § 15314). The Parties agree to cooperate in good faith to ensure that the Project remains within the scope of the foregoing Categorical Exemptions to CEQA. The provisions of Article 8 (“Indemnification and Waiver”) shall apply without exception in favor of the DISTRICT to any claims made under CEQA.”

In order for Charter School of Morgan Hill to proceed with the new construction and modernization project, the District needs to adopt the attached resolution which will then allow Charter School of Morgan Hill to file the Notices of Exemption with Santa Clara County:

• Charter School of Morgan Hill Additions and Modernizations - Categorical exemption. This project consists of a replacing nine aged portable classrooms with nine new classrooms (net addition of zero rooms) a partial relocation of the existing parking lot, the renovation of ten existing permanent classrooms and three portable classrooms, the replacement of the existing office, library, and academic enrichment space (music, art, and innovation lab) and installation of a small barn. The Project also includes the construction of a free-standing barn, and one additional modular unit for offices. The Project will include modifications to the parking and drop-off areas, utilities, and outdoor play and teaching areas. Finally, the Project involves the demolition of thirteen aging portable classrooms and one portable building that houses enrichment programs.

Staff recommends adopting a categorical exemption for Charter School of Morgan Hill Additions and Modernizations Project. All documents related to this agenda item were prepared by Charter School of Morgan Hill staff or consultants. The District is indemnified by Charter School of Morgan Hill with regard to any claims made under CEQA.

The Transportation Department is actively recruiting to fill open position and concurrently will be holding free a licensing class in order to attempt fill the open positions. In addition, several years ago a new job classification was created for a driver position to transport students using District vans and SUVs, this new job classification is the entry point for a career pathway that leads to the candidate obtaining a school bus license.   

Staff recommends approving the agreement with Michael's Transportation.

Since CSMH does not have a full-service transportation department, there are some functions and tasks that could be provided in a more efficient manner by the District. This agreement allows CSMH to procure, at their discretion, services such as fueling, parking, mechanic, and field trips. 

Staff reviewed the renewal agreement and recommend approval of continual transportation services.

The attached document lists the contracts executed by the Superintendent or designee.

The attached resolution will continue this practice and provides the Superintendent or their designee the authority to transfer budgets between major expenditures classifications or to increase or decrease budgeted revenue amounts as may be needed to avoid delays in recording and accounting for unanticipated revenues and changes in the amounts of budgeted revenues. This resolution is compliance with Education Code and Board Policy 3110 - Transfer of Funds.

On April 20, 2021, the District issued a Request for Qualifications and Proposals (RFQ/P) for the Project in accordance with Education Code section 17406. Staff advertised and issued the RFQ/P, which included preliminary preconstruction services and identified all criteria that the District would consider in evaluating the Statements of Qualifications (SOQs) of the proposers.

Eight firms submitted SOQs by May 7, 2021 and Staff evaluated and scored those SOQs pursuant to the criteria in the RFQ/P. Based upon the SOQ scoring, the District invited four of those firms to interview and prior to the interviews conducted reference checks on all four firms. The interviews were held and scored pursuant to the criteria in the RFQ/P. Based upon the best value process and scoring the Board approved in the Resolution, Staff is recommending to the Board that it is the best value to the District and in the best interest of the District to:

1. Select Flint Builders, Inc. (Flint) as the contractor for the Project;
2. Enter into the attached Preliminary Services Agreement (PSA) with Flint, with a not-to-exceed amount of $118,000 for Flint to perform preliminary preconstruction services, based on hourly rates indicated in the PSA; and
3. When the design for the Project is sufficiently complete to the District’s satisfaction, Staff will direct Flint to prepare a Guaranteed Project Cost (GPC) proposal for the Project pursuant to the RFQ/P and the Contract. The GPC, once established, will be incorporated into the lease-leaseback contract and brought to the Board for approval at that time.

Staff recommends that the Board select Flint as the best-value contractor for the Britton Middle School New Student Union Building and Administration Modernization Project and award the Preliminary Services Agreement for the Project to Flint.

Measure G, Series B not to exceed $118,000. Actual amount will be billed based hours performed and rates included in PSA. 

In accordance with public contract code, a bid notice was placed in a local newspaper (San Jose Post Record) for two consecutive weeks. Bids were received and opened on May 3, 2021. District Staff analyzed the bids for compliance and determined the lowest bidder who presented a responsive and responsible bid. 

On May 18, 2021 the Board awarded the contract to 101 Builders, the lowest responsive and responsible bidder, with an understanding the the contract would be brought for Board ratification at a future Board meeting.

Staff recommends ratification of the attached contract in the amount of $689,811 which includes an owner approved change order allowance.

The Live Oak Emerald Regime would like to continue its use of the Britton Auditorium for Bingo. Acknowledging that the Live Oak Emerald Regime donates a portion of the proceeds from Bingo back to support the Live Oak Band and in the spirit of cooperation, Staff calculated the annual cost using the actual cost per square foot for direct utility costs and increased the cost 2% annually in the subsequent years. Live Oak Emerald Regime’s estimated annual cost is listed below. Rental fees received will be deposited into the District's General Fund to offset the District's utility costs for the Auditorium. 

2021-2022 $15,820

2022-2023 $16,216

2023-2024 $16,532

Staff recommends approval of the attached agreement with Live Oak Emerald Regime for the period of July 1, 2021 through June 30, 2024.

In an effort to expedite the award of the contract for the Live Oak High School security fencing project, Staff requests that the Board of Education delegate authority to the Superintendent or his designee to award the contract pursuant to Education Code 17604 and that the contract be ratified at a subsequent Board meeting. The engineer's estimate for this project is $495,000 which includes a 10% contingency for unforeseen conditions.  

If the low bid amount is less than the engineer's estimate ($495,000), the District will award the contract and bring the contract to the Board for ratification at future meeting date. Should the lowest bid exceed the engineer's estimate, Staff will not award the contract and will re-bid the project or bring the low bid amount to the Board for review and approval at a future date.

1. The population of each area is, as nearly may be, the same proportion of the total population of the district as the ratio that the number of governing board members elected from the area bears to the total number of members of the governing board. For example, if a district has five trustees and elects one trustee from each of five trustee areas, each district should have approximately one-fifth of the total population in each trustee area; or
2. The population of each area is, as nearly as may be, the same proportion of the total population of the district as each of the other areas. The general guideline is that the largest trustee area should be no more than 10% more populous than the smallest trustee area in the district, although districts should, to the greatest extent practicable, try to make the trustee areas as close in size by population as possible.

The District must complete its adjustments by Tuesday, March 1, 2022. If the District does not complete the adjustments by the prescribed timeline, then the Santa Clara County Committee on School District Reorganization must complete the task by April 30, 2022.

While March 2022 may seem a long way off, the drawing of trustee areas can be a very complex and sometimes controversial process. The District believes it’s important to start working on reviewing and possibly adjusting trustee areas boundaries as early as possible. In general, it is not recommended that districts attempt to do the analysis without the assistance of a credible, professional demographer. A demographer will review the data from the census and will assist with the creation of new maps for the trustee areas (if needed).

The District contacted National Demographics Corporation (NDC), the consultant that assisted the District when it initially moved from at-large to trustee areas in 2016. Founded in 1979, NDC is well known for its work in local and state government and also performs these same demographic services for the City of Morgan Hill. Since 2002, NDC has established a reputation as the state's leading demographic expert on California Voting Rights Act (CVRA), having performed demographic assessments of potential CVRA liability and/or moves to by-district elections for over 350 jurisdictions. This background gives NDC unmatched expertise on the issues, questions, and decisions jurisdictions face in any discussion regarding the CVRA and related election system choices. In addition, NDC’s previous work with the District Voters will be beneficial and cost effective as they have the relevant background and have already created the geographic information system mapping for the District.

Staff recommends contracting with NDC for the Basic Project Elements at a cost of $22,500; however, the final cost may be adjusted downward based on the initial census findings if the trustee areas are still balanced or need minimal changes.  

Live Oak High School Athletic Director Michael Gemo is recommended to serve as Live Oak High School's CIF representative.  Principal Tanya Calabretta is serving as alternate. 

Ann Sobrato High School Athletic Director Lawrence Crawford is recommended to serve as Ann Sobrato High School's CIF representative. Principal Theresa Sage is serving as alternate.

The Morgan Hill Unified School District (District) and the Morgan Hill Federation of Teachers (MHFT) entered into negotiations in April 2021 over articles of interest to both parties.  On June 2, 2021 the parties reached tentative agreement on all open articles.

The members of MHFT ratified the tentative agreement on June 7, 2021.

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

Attached are the articles that indicate changes in language as well as  updated salary tables and instructional calendars for 2022-23 and 2023-24. The entire bargaining agreement will be edited for pronoun use of "they/their"  in the final version.

Below is a summary of the major components of the tentative agreement:

Article 4: Compensation

• Language amended regarding timing of column reclassification for transcripts received between May 15 and July 30

• Effective July 1, 2021, all the MHFT salary schedules (intern, preschool, and basic) for 2021-22 shall be increased by 7.5% from the 2020-21 salary schedules

Article 5: Additional Compensation

• Increased the value of an extra-duty unit stipend by 7.5% from $1690 to $1817

• Amended a few identified positions eligible to receive extra-duty unit stipends and amended eligible grade spans

Article 12: Hours of Employment

• Created instructional calendars for 2022-23 and 2023-24

• Added language to clarify certain non-classroom positions as being exempt from extra-curricular supervision duties since their positions require other in-office duties

• Eliminated permissive language defining SDC preschool student program leaving language that clarifies teaching and non-teaching duties will be comparable to other teachers

• Added language to clarify selection process for District TOSAs including a limit on the number of years to serve in these positions

Article 13: Leaves

• Added language that mirrors the Federal definition of Family Medical Leave Act (FMLA)
  
  
• Added clarification that PDL and FMLA run concurrently
  

• Added clarification that Parental Leave ensured by Ed Code 44977.5 mirrors California Family Rights Act (CFRA) 

• Expanded use of Parental Leave to allow both parents to use the full amount of leave (Ed Code provision currently allows for parents to share the leave allowance, so this is an expansion of the State leave benefit)
  

Article 14: Transfers

• Added language regarding compensation to unit members who are transferred to another site involuntarily over the summer

Article 15: Class Size

• Added SDC class size maximums and staffing ratios for elementary and secondary programs, identifying compensation for overages

Article 16: Evaluations

• Added language regarding length of evaluation cycle that may be extended up to five years for permanent unit members who have received an overall "exceed standards" in their previous evaluations cycle, have been employed at least ten years with the District, and with mutual agreement of administrator and unit member
  

Article 18: Grievance Procedures

• Clarified language that unit members may be accompanied by a representative of their choice at the informal conference meeting

Article 19: Preschool Teachers

• Added the current guidelines of a student to adult ratio of 11:1 for preschool program

1.  Some links were updated to ensure public access to linked documents
2.  References to "Parents" were changed to "Parent/Guardians"
3.  Page numbers were added
4.  There were some corrections to summary table totals on page 45 due to errors in the state budget  tool spreadsheet programming 
5. The list of state priorities addressed by each goal was added to each goal header at County request 
6. References to underserved, underperforming, disadvantaged were clarified to include English Learner, Low Income or Foster Youth where applicable

The edits have been updated on the district website copy as well as the copy attached to this item for Governing Board approval. 

Attached are the following documents which were provided at the prior Board meetings:

• Summary of income, expenses and fund balance for all funds
• Standard Account Code Structure (SACS) financial reports for all funds reflecting 2020-21 estimated actuals and 2021-22 proposed budget

Education Code Section 42127 states that, “no later than 45 days after the Governor signs the annual Budget Act, the school district shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act.” Note that this does not specify that revisions must be made; rather, it requires that any revisions that the District chooses to make be available for public review within 45 days after the Governor signs the budget. If the District decides to make a budget revision as a result of the Budget Act, those revisions would be presented to the Board in August 2021.

• 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

Of the $80 million series bond funds, $61,038,456 has been spent for a total of 73% of Series B as of April 30, 2021. Staff will be available to respond to any questions related to the attached report. 

4. Strengthen the Board’s process for self-evaluation to include input from stakeholders and mid-year assessment activities. Evidence of achievement:

a. design and implementation of a stakeholder input mechanism; and

b. mid-year review of Board objectives and achievements in a public Board meeting

The Board will discuss the plan for the self-evaluation mid-year review