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Regular Board Meeting
Los Gatos Un. ESD
February 24, 2015 6:30PM
Thomas P. O'Donnell District Office 17010 Roberts Road Los Gatos, CA 95032-4510

A. CALL TO ORDER (6:00 p.m.)
A.1. Roll Call
A.2. Approval/Amendment of the Closed Session Agenda
B. CLOSED SESSION
B.1. Conference With Legal Counsel – Anticipated Litigation – Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section §54956.9 of the Government Code: (One potential case - Uniform Complaint regarding PE minutes)
C. REGULAR SESSION (6:30 p.m.)
C.1. Flag Salute
C.2. Report Out of Closed Session
C.3. Approval/Amendment of Agenda
C.4. Public Comment
Quick Summary / Abstract:
This is the opportunity for members of the public to address the Governing Board on any item described in this notice or any other issue. In accordance with the Brown Act, unless an item has been placed on the published agenda, there shall be no action taken. The Board may: 1) acknowledge receipt of the information, 2) refer to staff for further study, or 3) refer the matter to the next Board meeting agenda.
C.5. Showcase of Schools: Blossom Hill Elementary Science Fair Showcase
Quick Summary / Abstract:
Principal Lisa Reynolds will showcase the unique program offerings at Blossom Hill Elementary School. Students will display their science fair projects for the Governing Board.
Recommended Motion:
This for informational purposes only. No action will be taken.
Financial Impact:
There is no financial impact at this time.
C.6. Superintendent's Report
D. CONSENT AGENDA
Quick Summary / Abstract:
Information concerning the consent items listed below has been forwarded to each Board member prior to the meeting for study. All items on the consent agenda will be approved with one motion which is not debatable and which requires unanimous vote for passage. If any member of the Board, the Superintendent, or the public so requests, an item shall be removed from the section and placed on the regular order of business following the approval of the consent agenda.
D.1. MinutesWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The minutes for the Special Board meeting, January 6, 2015 and the Regular Board meeting, January 20, 2015 are presented to the Governing Board for approval and action. It is the recommendation of the Superintendent that the Governing Board approve the minutes as presented.
Recommended Motion:
It is the recommendation of the Superintendent that the Governing Board approve the minutes as presented.
Attachments:
Minutes Regular Meeting, 01/20/15 02_24_15
Minutes Special Meeting, 01/06/15 02_24_15
D.2. Warrant Register
Quick Summary / Abstract:
The warrant register for the month of January, 2015 is presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the warrant register for the payment of invoices for goods and services as presented.
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the warrant register for the month of January, 2015 for the payment of invoices for goods and services as presented.
Attachments:
January Warrant Register 02_24_15
D.3. Service ContractsWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The service contracts as of February 24, 2015 are presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the service contracts for the payment of services as presented.
Rationale:
The following service contracts are requested by various departments and listed for your approval:

Jennifer Choldenko
"Author day assembly programs and book signing at Daves Avenue Elementary School”
Contract Term:  03/19/15 – 03/19/15
Restricted – Gifts/Donations
$1,500

Ann Nagda
"Author day assembly programs and book signing at Daves Avenue Elementary School”
Contract Term:  03/19/15 – 03/19/15
Restricted – Gifts/Donations
$1,001

The Bee Nerd
"Perform bee program at Blossom Hill Elementary School”
Contract Term:  03/30/15 – 03/30/15
Restricted – Gifts/Donations
$80

Government Financial Strategies
"Perform disclosure services for 8 outstanding bond issues"
Contract Term: 02/25/15-02/24/16
Unrestricted - General Fund
$4,500

The following service contracts are requested by various departments are presented for ratification:

Jen Copaken
"Choreography for Fisher Middle School musical”
Contract Term:  12/09/14 – 03/30/15
Restricted – Gifts/Donations
$1,000

Rainbow Graphics and Video
"Video production for Blossom Hill  and Daves Avenue Elementary School play”
Contract Term:  01/20/15 – 02/08/15
Restricted – Gifts/Donations
$2,699

Carlo Armijo
"Band teacher at Fisher Middle School”
Contract Term:  01/05/15 – 03/30/15
Restricted – Gifts/Donations
$1,800


Jerry Falek
"Kindergarten art workshops at Blossom Hill Elementary School”
Contract Term:  01/26/15 – 01/26/15
Restricted – Gifts/Donations
$400

Andrew Pindar   
"Sound planning for Blossom Hill and Daves Avenue Elementary School play”
Contract Term:  01/20/15 – 02/08/15
Restricted – Gifts/Donations
$1,300
 
Recommended Motion:
The service contracts as of February 24, 2015 are presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the service contracts for the payment of services as presented.
Financial Impact:
Financial impact is outlined by each contract.
D.4. Personnel ReportWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The personnel report as of February 24, 2015 is presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the personnel report as presented.
Rationale:
CERTIFICATED LEAVES OF ABSENCE
Joumana Alsumidaie, Math Teacher (1.0 FTE) at R.J. Fisher Middle School, has requested an unpaid leave of absence of 0.2 FTE for the 2015-2016 school year and it was denied.

Sarah Acosta Landry English Teacher (1.0 FTE) at R.J. Fisher Middle School, has requested a reduced contract for the 2015-16 school year and it was denied.

Lisa Pupkin, Second Grade Teacher (1.0 FTE) at Daves Avenue Elementary School, has requested an additional year of an unpaid leave of absence for the 2015-16 school year and it was denied.

Nyssa Tsakiris, Science Teacher (1.0 FTE) at R.J. Fisher Middle School, has requested an unpaid leave of absence of 0.2 FTE for the 2015-2016 school year and it was denied.

CERTIFICATED STAFF

Resignation
Daniel Hatch, English Teacher (0.80 FTE) at R.J. Fisher Middle School, has submitted his resignation effective February 13, 2015.

Anna Mee, Third Grade Teacher (1.0 FTE) at Daves Avenue Elementary School, has submitted her resignation effective February 15, 2015.

Allison Schell-Nortz, Fifth Grade Teacher (1.0 FTE) at Louise Van Meter Elementary School, has submitted her resignation effective February 27, 2015.

CLASSIFIED STAFF
Employment
Jackie McCleary, has been offered the position of PE Specialist (0.2750 FTE) at Louise Van Meter Elementary School effective February 2, 2015.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve all actions as presented.
Financial Impact:
There is no financial impact at this time.
D.5. Bequests and Personnel Grants for the 2015-2016 School YearWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The bequests and grants for personnel for the 2015-2016 school year are presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the reference grants as presented.
Rationale:

The following bequests and grants for personnel for the 2015-2016 school year are presented to the Board of Trustees for approval. The Governing Board may accept any bequest or gift on behalf of the District as stated in Board Policy 3290.

Blossom Hill Home & School Club Personnel Grants Total: $101,050
• Instructional Assistant - Classified .51FTE, $32,000

• PE Specialist - Classified .525FTE, $25,500
• Health Clerk - Classified .213FTE, $9,500

• Noontime Sports Leader - Classified Hourly Rate, $7,400
• Noontime Yard Duty - Hourly Rate, $7,200

Daves Avenue Home & School Club Personnel Grants Total: $127,369
• Literacy Specialist - Certificated .5FTE, $59,352
• Math Specialist - Certificated .4FTE, $34,237

• PE Specialist - Classified .4875FTE, $21,630

Health Clerk - Classified .35FTE, $12,150

Lexington Home & School Club Personnel Grants Total: $20,500
Spanish Instruction .2FTE, $20,500

Louise Van Meter Home & School Club Personnel Grants Total: $73,525
Health Clerk - Classified .35FTE, $17,625
PE Specialist - Classified (1 x .3375, 1 x .275) =.6125FTE, $27,550
Library Media Specialist Lunchtime - Classified .075FTE, $4,200
Literacy Specialist - Certificated .1FTE, $11,025
 Math Specialist - Certificated .1FTE, $11,025
Noontime Yard Duty - Hourly Rate, $4,200

 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the referenced personnel grants as presented.
Financial Impact:
There is no financial impact at this time.
D.6. Integrated Pest Management PlanWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The Integrated Pest Management Plan is presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the Integrated Pest Management Plan as presented.
Rationale:
On September 9, 2014, Governor Brown signed into law Senate Bill 1405. Under the new law, school sites and public K-12 schools must meet three new requirements as follows:

1. Develop an Integrated Pest Management Plan using the Department of Pesticide Regulation (DPR) template. The Los Gatos Union School District plan is attached.

2. Report Pesticide Use - Send pesticide use reports annually to DPR for pesticides that are not exempt that are applied by school employees.

3. District personnel and professional applicators must receive Integrated Pest Management Training that meets the Healthy Schools Act and DPR requirements.

The District is complying and meeting all the requirements outlined by Senate Bill 1405.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the Integrated Pest Management Plan as presented.
Financial Impact:
There is no financial impact at this time.
Attachments:
Integrated Pest Management Plan 02_24_15
D.7. Disposal of Surplus Textbooks and MaterialsWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The disposal of surplus textbooks and materials as of February 24, 2015 is presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent Educational Services/HR and the Superintendent that the Governing Board approve the disposal of surplus textbooks and materials as presented.
Rationale:
The Curriculum and Instruction Department requests the attached list of textbooks to be declared as surplus. The materials are obsolete and no longer used in the district.  In order for us to dispose of these items, the Board of Trustees must first declare them surplus in accordance with the provisions of the Education Code. 
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the disposal of surplus textbooks and materials as presented.
Financial Impact:
There is no financial impact at this time.
Attachments:
Disposal of Surplus Materials 2-24-15
E. STRATEGIC INITIATIVE #5 (DISCUSSION/ACTION)
E.1. Consideration of Appeal from Uniform Complaint for the Physical Education for Grades 1-6 Was edited within 72 hours of the Meeting
Quick Summary / Abstract:
The Board will consider whether to hear the appeal from a decision by the District regarding a complaint made concerning whether the District has adopted a course of instruction to provide physical education in grades 1-6 and whether the District is providing 200 minutes of physical education instruction every ten school days. This is an action item.
Rationale:
The Board will consider whether to hear the appeal from a decision by the District regarding a complaint made concerning whether the District has adopted a course of instruction to provide physical education in grades 1-6 and whether the District is providing 200 minutes of physical education instruction every ten school days.  Pursuant to Administrative Regulation 1312.3, the Board may decide whether to hear this appeal, and if it does decide to hear the appeal, may uphold, reverse, or modify the decision of District staff. If it decides not to hear this appeal, the District's decision shall be final.
 
Recommended Motion:
This item is for discussion and action.
Financial Impact:
There is no financial impact at this time.
E.2. Measure E Program Update
Quick Summary / Abstract:
Assistant Superintendent-Business Services/CBO, Martin Fregoso will present the Measure E update to the Governing Board as information. No action will be taken.
Rationale:
A verbal report will be provided on the progress of the Fisher Sports Complex and the closeout report from the Division of the State Architect for Lexington Elementary School.
 
Recommended Motion:
This is for informational purposes only. No action will be taken.
Financial Impact:
There is not financial impact at this time.
E.3. Kramer Project Development Company - Contract Amendment for the Lexington Modernization Project Was edited within 72 hours of the Meeting
Quick Summary / Abstract:
Assistant Superintendent-Business Services/CBO, Martin Fregoso will present the Lexington Modernization Project contract amendment for Kramer Project Development Company to the Governing Board for approval and action.
Rationale:
The original Lexington Modernization Project contract for Kramer Project Development Company (Kramer PDC) was based on an estimated management of $14.9 million of construction contracts. The total of all construction contracts managed at Lexington by Kramer PDC was $16,205,451. Per the original contract, the final costs shall be reconciled and the final fee is adjusted. Based on the sliding fee scale at 3%, the additional fee is $39,150.

The general conditions budget has a surplus of $2,304.92. Therefore, a contract amendment for $36,845.08 is required to close the Lexington project.

This additional cost was anticipated and budgeted during the initial contractor bidding process. The Measure E fund balance from this project remains the same at $1 million.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the contract amendment for Kramer PDC as presented.
Financial Impact:
The total cost for the contract amendment is $36,845.08.
Attachments:
Kramer Contract Amendment 022415
E.4. School Facilities Act Report - Government Code 65970-65981Was edited within 72 hours of the Meeting
Quick Summary / Abstract:
Assistant Superintendent-Business Services/CBO, Martin Fregoso will present a report on the School Facilities Act to the Governing Board for discussion. Staff seeks direction from the Board of Trustees regarding next steps.
Rationale:
Assistant Superintendent-Business Services/CBO, Martin Fregoso will present to the Governing Board an update on the School Facilities Act, Government Code sections 65970-65981.
 
Recommended Motion:
This is for informational purposes only. No action will be taken.
Financial Impact:
There is not financial impact at this time.
Attachments:
School Facilities Act Gov Code 65970-65981
School Facilities Act Presentation 022415
E.5. Territory Transfer Request for 59 parcels from the Union and Campbell Union High School District to the Los Gatos Union School DistrictWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
Assistant Superintendent-Business Services/CBO, Martin Fregoso will present to the Governing Board the "Territory Transfer Request" received from the Santa Clara County Office of Education for information and discussion.
Rationale:
Assistant Superintendent-Business Services/CBO, Martin Fregoso will present to the Governing Board the "Territory Transfer Request" received from the Santa Clara County Office of Education for the transfer of 59 parcels from the Union and Campbell Union High School District to the Los Gatos Union School District.
 
Recommended Motion:
This is for informational purposes only. No action will be taken.
Financial Impact:
There is no financial impact at this time.
Attachments:
Territory Transfer Presentation 022415
Transfer of Territory 02_20_15
E.6. Board Policy: Board Bylaw 9320 - Meetings and Notices, Second and Final Reading Was edited within 72 hours of the Meeting
Quick Summary / Abstract:
Board Policies set guidelines and procedures for Governing Boards and school official to follow and enforce. A second reading of the revised Board Policy/Board Bylaw is presented to the Governing Board for approval and action.
Rationale:
At the January 20, 2015 Board meeting, the Board requested staff to revise the Board of Trustees meeting schedule for the 2015-2016 school year to Monday nights. In order to do so, the current Board Policy/Board Bylaw 9320, Meetings and Notices needs to be updated to reflect the change.
 
Recommended Motion:
A second reading and final reading of the attached Board Bylaw 9320, Meetings and Notices is presented to the Governing Board for adoption. All edits are underlined and were reviewed and revised by staff. The policy was presented to the Board for discussion at the February 10, 2015 Special Board meeting. Once adopted, CSBA will upload the policy to Gamut Online.
Attachments:
Board Policy/Board Bylaw 9320 02_24_15
E.7. Board of Trustees Meeting Schedule for the 2015-2016 School YearWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
Superintendent Dr. Abbati will present a proposed meeting schedule for the Board of Trustees meetings for the 2015-2016 school year. The meeting schedule is presented to the Governing Board for approval and action.
Rationale:
The final draft of the Board of Trustees meeting schedule for the 2015-2016 school year is presented to the Governing Board for adoption and action.
 
Recommended Motion:
It is the recommendation of the Superintendent that the Governing Board approve the 2015-2016 meeting schedule as presented.
Attachments:
BOT Meetings 2015_16 02_24_15
E.8. Board Policies - Second and Final ReadingWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
Board Policies set guidelines and procedures for Governing Boards and school officials to follow and enforce. The California School Boards Association (CSBA) sends quarterly updates to School Districts with recommended changes per mandates. A second and final reading of the revised Board Policies are presented to the Governing Board for approval and action.
Rationale:
The Board is responsible for overseeing the development of and adopting Board Policies (BP). Policies set direction and goals for the District and its schools, assign authority and the means by which educators are accountable to the public. During the course of each school year the Board will review all policy changes as recommended by CSBA and staff.

BP/AR 1312.3 - Uniform Complaint Procedures
BP 5131.2 - Students, Bullying
BP/AR 5145.3 - Students, Nondiscrimination/Harassment
BP/AR 5145.7 - Sexual Harassment
 
Recommended Motion:
A second and final reading of the attached Board Policies are presented to the Governing Board for adoption. All edits are underlined and were reviewed and revised by staff. The policies were presented to the Board for discussion at the January 20, 2015 Board meeting. Once adopted, CSBA will upload the policies to Gamut Online.
Financial Impact:
There is no financial impact at this time.
Attachments:
BP 1000, Second Reading 02_24_15
BP 5000, Second Reading 02_24_15
F. BOARD ITEMS
F.1. Board Development: Effective Board Governance Teams
Quick Summary / Abstract:
The Governing Board will engage in a discussion regarding effective Board Governance Teams.
Recommended Motion:
This is for informational purposes only. No action will be taken.
Financial Impact:
There is no financial impact at this time.
F.2. 2015 California School Boards Association Delegate Assembly Election Was edited within 72 hours of the Meeting
Quick Summary / Abstract:
The Governing Board will elect five representatives for the California School Boards Association (CSBA) Delegate Assembly for Santa Clara County, Region 20. The delegates will serve two-year terms beginning April 1, 2015.
Rationale:
Ballots for the 2015 CSBA Delegate Assembly Election are due on or before March 16, 2015. The Los Gatos Union School District is part of the CSBA Region 20, and the Board as a whole must vote for no more than five candidates from the candidates indicated on the following pages. Only one vote for any candidate is accepted.
 
Recommended Motion:
Only one ballot per Board will be accepted and must be signed by the Superintendent or Board Clerk. CSBA delegates serve two-year terms and there are usually two Delegate Assembly meetings each year. This item is for Board discussion and action.
Financial Impact:
There is no financial impact at this time.
Attachments:
2015 CSBA Delegate Assembly Election 02_24_15
F.3. Subcommittee Reports of the Board of Trustees
F.4. Board Comments
F.5. LGUSD Governance and Planning Calendar
Quick Summary / Abstract:
This information is provided to the Governing Board for discussion and planning purposes. Agenda items are subject to changes and modifications throughout the year.
Attachments:
Governance and Planning Calendar 2014_15 02_24_15
F.6. Future Board Meetings
Quick Summary / Abstract:
• Special Board Meeting – March 3, 2015 at 6:00 p.m. (Special Joint Study Session with the Town of Los Gatos at Town Hall) • Regular Board Meeting – March 10, 2015 at 6:30 p.m. • Regular Board Meeting – April 14, 2015 at 6:30 p.m. • Regular Board Meeting – May 12, 2015 at 6:30 p.m.
G. ADJOURNMENT (10:30 p.m.)

The resubmit was successful.