banner

10-19-17 Regular Session Board Meeting
San José USD
October 19, 2017 6:00PM
Board Room 855 Lenzen Avenue (District Administration Building)

Mission Statement:
Uniting as one community, we elevate opportunities for all. Vision Statement: Preparing today’s students to be the thinkers, leaders, and creators of tomorrow.
A. Call to Order in Open Session - 5:00 PM
Minutes:
Board President Mrs. Foley called the meeting to order in open session at 5:00 PM.
B. Adoption of Closed Session Agenda
C. Public Comments Regarding Closed Session Agenda Items
Quick Summary / Abstract:
Members of the public who wish to speak prior to the Board's consideration of items on the posted closed session agenda must complete the CITIZEN'S REQUEST TO SPEAK card and indicate the item number to be addressed. Each speaker is allocated a total of two (2) minutes to address the Board for a maximum of ten (10) minutes on each subject matter at the discretion of the Board President.
Minutes:
There were no public comments on closed session items.
D. Adjourn to Closed Session
Minutes:
The Board adjourned to closed session at 5:00 PM.
E. Closed Session Agenda
E.1. Personnel [Pursuant to Government Codes 54954.5 and 54957.1]Confidential agenda item.
Quick Summary / Abstract:
RECOMMENDATION: That the Board of Education approve the following Personnel Items:

A. Public Employee Appointment
B. Public Employee Discipline/Dismissal/Release/Reassignment
C. Layoffs/Leaves of Absence/Resignation
D. Public Employee Contracts

E.2. Conference with Legal Counsel - Anticipated Litigation [Pursuant to Government Code Section 54956.9(d)(2) or (3) or (4)]Confidential agenda item.
Quick Summary / Abstract:
Initiation of litigation pursuant to subdivision (d)(4) of section 54956.9: One (1) potential case















E.3. Conference with Legal Counsel - Existing Litigation [Pursuant to Government Code Section 54956.9(d)(1)]Confidential agenda item.
Quick Summary / Abstract:
RECOMMENDATION: That the Board of Education consider and approve the recommendation of legal counsel.

OAH Case Number 2017060384



E.4. Liability Claims [Pursuant to Government Code Section 54956.95]Confidential agenda item.
Quick Summary / Abstract:
Claimant: Hai Yin Yap
Agency Claimed Against: San José Unified School District

Claimant: Wesley Chu
Agency Claimed Against: San José Unified School District




E.5. Conference with Labor Negotiator [Pursuant to Government Code Sections 3549.1 and 54957.6]Confidential agenda item.
Quick Summary / Abstract:
Agency designated representatives:  Stephen McMahon and J. Dominic Bejarano
Employee Organizations:  SJTA, CSEA, AFSCME, AFT, Trades







E.6. Conference with Real Property Negotiators [Pursuant to Government Code Section 54956.8]Confidential agenda item.
Quick Summary / Abstract:

Property: APN 701-07-016
Agency Negotiators: Stephen McMahon, Deputy Superintendent and Steve Adamo, Director, Operations, Facilities and Construction
Negotiating Party: Almaden Country Day School
Under Negotiation: Price and Terms of Lease


E.7. Public Employee Performance EvaluationConfidential agenda item.
Quick Summary / Abstract:
Title: Superintendent

F. Reconvene in Open Session - 6:00 PM
Minutes:
With Trustees Castellanos, Meek and Zarghami present at the dais Board President Mrs. Foley reconvened the meeting in open session at 6:04 PM.
G. Pledge of Allegiance
Minutes:
Student Board Member Ethan Dang led the Pledge of Allegiance.
H. Adoption of Open Session Agenda
Actions:
Motion
To adopt the agenda as amended. Passed with a motion by Kimberly Meek and a second by Teresa Castellanos.
Vote:
Yes Teresa Castellanos.
Absent Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Paymon Zarghami.
Minutes:
Superintendent Albarrán announced one amendment to the agenda: Item M.8 Quarterly Report on Williams Uniform Complaints - on the form attached to the item, amend the Date Submitted to SCCOE to October 20, 2017 rather than November 3, 2017 and the Date Reported to District Governing Board at a public meeting to October 19, 2017 rather than November 2, 2017.
I. Special Recognition
I.1. Recognition of student winners of a San José Unified poster contest for National Suicide Awareness Month
Quick Summary / Abstract:
The Board of Education recognizes the first, second, and third place winners of the 2017 San José Unified Suicide Awareness Month Student Poster Contest.

Rationale:

In an effort to increase suicide awareness among students, staff, and the greater San José Unified community, the Crisis Support Team and Student Services Department sponsored a districtwide poster contest open to all high school students in SJUSD.

Entries were displayed and judged at the District Office on Lenzen Avenue on September 26, 2017. First Place and a People's Choice Award went to Megan Cheung (Leland, 12th grade); Second Place went to Shreya Patel (Leland, 9th grade); and Third Place went to Kiran Pinnipati (Leland, 12th grade).


 
Minutes:
Board President Mrs. Foley invited Student Support Counselor Mauro Garcia from Student Services to come forward to talk about the poster contest for National Suicide Awareness Month.

Mauro Garcia shared that about three years ago the Student Services Department was receiving a lot of calls about suicide at the high schools. As a result of that, he and his Crisis Support Team partner in Student Services decided to look into different ways to reach students and came up with the idea of creating a suicide awareness poster contest. He announced that September is suicide awareness month and that September 10th is suicide awareness day around the world. The poster contest, which is in its third year here at the District, is promoted each year using the theme for suicide prevention month. The theme this year was Take a minute Change a life. The contest was promoted at all of the high schools with judging taking place on September 26th by six judges who rated them on the value of the poster and the theme. Staff at Lenzen voted for their favorite poster, which resulted in The People's Choice Award. He introduced and congratulated the contest winners and announced that Palace, Lakeshore, Office Depot and Marketplace had donated the prizes. Third place went to Kiran Pinnipati from Leland High School. Second Place went to Shreya Patel from Leland High School. Megan Cheung, also from Leland High School, won First Place and the People's Choice Award. He thanked the Board for allowing them to come and present the awards to the students and invited the Board Members to participate in the judging next year.

Expressing gratitude for the work of the Crisis Support Team, Board President Mrs. Foley said, "The poster contest is a wonderful idea. Raising awareness of teen suicide is really important. I am so grateful and appreciative for you taking your time and energy to create a message that will help students acknowledge and know that there is help out there for them."

Responding to Board member questions in regard to whether there has been any tracking of an increase in stress and an increase in suicide, Dane Caldwell-Holden said, "We track what types of indicators are bringing kids into counseling. We can see that there is a clear jump in anxiety and stress especially around finals and mid-term times. That is one of the reasons we have increased counseling hours at the schools."

Other Board Member comments were in regard to the percentage of suicides in people over the age of 19 and whether there is any requirement that the District have a suicide prevention policy.

Superintendent Albarrán indicated that the topic would be brought through cabinet.

Board President Foley thanked the poster contest winners as well as their parents for "inspiring their children to do good work."
J. Announcements and Reports
J.1. Board of Education and Student Board Member
Quick Summary / Abstract:

Board members may report on visits to schools, conferences and meetings attended and items of interest to the public.

Pamela Foley, President
Susan Ellenberg, Vice President
Teresa Castellanos, Member
Kimberly Meek, Member
Paymon Zarghami, Member

Ethan Dang, Student Board Member






Minutes:
Student Board Member Ethan Dang gave a brief report on the recent ILC meeting that was held at Gunderson High School. The Gunderson leadership students presented that their area of concern is their perceived image especially in regard to incoming freshmen feeling intimidated when they arrive at the school. As the year progresses the sentiments of the freshmen students change and they begin to enjoy the school. The Gunderson students shared that incoming freshmen always have this problem, that it is demoralizing to the rest of the classes and that they are trying to fix it. Solutions were offered by other classes and especially by San José High students who can relate to this issue. He announced that the recent concerns about the air quality in San José have affected school campuses adding that Pioneer High School and Willow Glen have had to push their homecoming games and dances to a later date because of the air quality.

Mrs. Foley followed up on Ethan's announcement about air quality concerns in San José reporting that Willow Glen High School had to break a long tradition in the community by cancelling their homecoming parade this year. Also related to air quality concerns Booksin Elementary School made some last minute change in plans as their walk-a-thon fundraiser was scheduled for Saturday. She said, "The parents worked within the confines of not being able to have their kids walk and they created a read-a-thon in the library. Their silent auction fundraiser went on in the multipurpose room. She said, "I believe it was fairly successful and the community really rallied. Considering the health of their kids as the most important factor and the quality of the air they know that that was the right decision and they made it happen all within a 24 hour period." She attended a celebration along with Trustee Castellanos recognizing Maria Marcelo who is a strong advocate for Washington Elementary School parents. She said, "Maria was celebrated on her birthday in honor of her tireless efforts to support the children and staff of Washington Elementary. She was also very much involved in the school's teacher housing movement." She announced that this was the ninth year that the Willow Glen Neighborhood Association has sponsored the Safe Walk to School. She reported that about 150 students and parents from Willow Glen Elementary, River Glen and Hammer and Galarza participated in the event. They met at the Bank of America parking lot and were led to their schools by SJ Sharkey and other athletic notables. She participated in a walkthrough at Reed Elementary School with Director of Leadership Development Shannon McGee and Principal Melody Mendoza. She said, "I was really impressed at the early literacy focus that was going on and with how focused the students were.”



Ms. Meek gave updates on the three committees she serves on. The PTA council met this past week. They are in the process of completing their tax forms. She said, "I was really appreciative that there were people who cared enough to go through and do that paperwork and that there was help offered. Their next meeting is in January. She announced that the District Audit Committee would meet on November 21st. She also announced a reminder that the County Committee on School District Organization is looking for candidates to represent districts 1, 3, and 5 and that the submission deadline is Tuesday at 5:00 PM.

Ms. Castellanos reported on her attendance at the Latino School Boards Association Conference that was held in San Diego this year. She shared that the focus of the conference was on the issues of equity in the arts and ethnic studies as a way to attract students that are not achieving. She said, "I think that is something we should look at as a district when we bring up the equity issue as a way to attract students that are not achieving and also as way to promote inclusion and the diversity that we have in Silicon Valley. I was very excited by the work that was brought together and I think that there are many things that we can also look at in terms of the diversity of the population that we have here." Announcing that MetroED will be holding its 100-year celebration tomorrow she said, "It is very exciting for a school to reach 100 years."

Mr. Zarghami announced that he was able to go see a program about infusing technology in the classroom earlier today at Burnett Middle School. He reported that Principal Kristen Luz is working closely with an organization called Power My Learning that is providing students with access to technologies via Kahn and other online learning providers and is also building self-agency in students. He also reported that as the Board's representative to the Community Advisory Committee on Special Education, he met last night with 10 to 15 families whose children qualify for special education services in the District. He said the meeting was informative and that the families asked questions about what the District is doing to improve special education services and outcomes. He thanked Associate Superintendent Jackie Zeller for taking the leadership role in the Special Education Department and shared with the Board some of the thoughts he had as he walked away from the meeting in regard to focusing on adapting to the diverse learning styles and abilities of children. He said, "I appreciate the invitation to sit down with so many families and I am looking forward to our District's already strong commitment to making sure that we improve outcomes for students who qualify for special education."

There was no report from Mrs. Ellenberg as she was not in attendance at the regular session meeting.
J.2. Superintendent and Executive Staff
Quick Summary / Abstract:

The Superintendent and Executive Staff may provide reports and updates to the Board on schools, programs, departments and various key areas of significance.

Nancy Albarrán, Superintendent
Stephen McMahon, Deputy Superintendent
Jackie Zeller, Associate Superintendent, Instruction
J. Dominic Bejarano, Assistant Superintendent, Administrative Services

Minutes:
Superintendent Nancy Albarrán reported that she had been invited by the mayor to co-chair his School/City Collaborative committee this year. She said the committee is made up of the 19 superintendents in San José who work collaboratively with the city and city staff to address 15 different work plans that the city has co-created with leaders in San José. She said, "We received an update from the different staff members that are running point on these work plans and also had an opportunity to dialogue with the mayor about some of our needs. He continues to have housing at the top of his mind. I know a lot of the superintendents are concerned about our teachers, classified staff and administrators that are not always able to stay in this area because of the housing costs. He reiterated the city's commitment to working with any district that is interested in providing housing for employees." She also reported that the Superintendent's Cabinet, which is made up of the executive team, directors and employee group leaders, held their bi-weekly meeting this week. She said, "We had a really great discussion about what we are going to do to retain 90 percent of staff that are meeting standard. I want to thank Shannon McGee who owns the work plan around this. She did a fantastic job keeping us focused on our employees and what more we need to do to make sure that we have high retention levels. That same work plan and measure will be discussed with all of our leaders in the organization on Wednesday so that everybody is on the same page about what this draft plan looks like and what the expectation is." Announcing that the senior team as well as Dane Caldwell-Holden and Strategic Projects Manager for Special Education Seth Reddy have been working with a group called SPEDx, she expressed thanks to Richard Nyankori and his team who spent half the day with them on Monday going over the framework of how to look at special education, identify strengths and opportunities for improvement, and set goals. Another meeting will be held in November to finalize some areas to be worked on. She said, "I'm really excited because this is not something that we have done as a senior team. I am really grateful for the support that SPEDx is giving us."

Deputy Superintendent Stephen McMahon gave a brief update on Facilitron, the new system that has been put into place to modernize the District's field rental process. Community members can now go online to book the fields. He credited Steve Adamo and Kelly Cefalu in Operations for leading that change. Today he attended a Countywide CBO meeting where STRS and PERS was the topic of discussion. He said, "The State Teachers Retirement System and the Public Employees Retirement System are something we have been talking about in the District for a while. Now as it is increasing pressures on all budgets it is prompting conversations about all programs. Every public budget is being strained by these costs and now everyone is looking at everything." Adding on to Trustee Castellanos' announcement about MetroED's 100-year celebration he said, "There is a lot of talk about Career Technical Education as if it is new. It is not new. San José Technical High School has been doing Career Technical Education since 1917. In 1958 the half day/half day model was established and San José High School, Lincoln High School and Willow Glen High School started sending students half day for career technical education. It has expanded to a Joint Powers Agreement with the five other school districts." He invited everyone to come help celebrate at 10:00 AM tomorrow at MetroED on Hillsdale Avenue.

Associate Superintendent Jackie Zeller gave a brief update on AP enrollment and success on the test, which is one of the strategic measures for high school. She reported that over the last couple of weeks the Superintendent's Council has been meeting with the high school principals who present their plan for enrollment and also for support once the students are in the programs. She said, "This initiative has been going on for about four years and principals have refined their enrollment processes. We are meeting targets in all of our subgroups for the most part. Now we are shifting our focus on the supports we are providing to students. As Nancy said earlier, the research around AP involvement is very clear that just taking the class increases the students' success rate in college. That increases as they take the class and pass the class and as they take the class and pass the test. Our next goal is increasing that pass rate of 3 or 4 on an IB test, increasing that pass rate for all students and making equitable outcomes for our students with respect to the AP scores. Our principals did a great job. We still have two more schools to go to. I am looking forward to the season when they take the test and we get to see how they do." Following her report Ms. Zeller responded to a Board Member question in regard to what the enrollment target is, explaining how the target is set and that it varies by school.

Assistant Superintendent J. Dominic Bejarano gave a brief report on the District's focus on hiring and retaining highly qualified staff. He commented in regard to supporting higher achieving staff so that they continue to grow as well as supporting staff that may not be meeting expectations so that they can grow as well. He said, “Sometimes they just don't make it and unfortunately we have to split ways with them. I just want to thank our legal team as well as the supervisors that provided documentation on two cases that went all the way through hearings where we won unanimously to go ahead and release from the District. It is not always something that we want to do but it is in the best interest of our students and of our district and we know that other employees appreciate that we are upholding our expectations."
K. Public Comments
Quick Summary / Abstract:
This portion of the Agenda provides an opportunity for members of the public to directly address the Board on any item of interest to the public; however, provisions of the Brown Act [Government Code 54954.2(a) and .3] preclude any action being taken on any item not appearing on the posted agenda for action. A CITIZEN'S REQUEST TO SPEAK card must be completed and given to the Board Secretary prior to the conclusion of Oral Petitions. Members of the public who wish to speak during the discussion of an item on the posted agenda must indicate the item number on the CITIZEN'S REQUEST TO SPEAK card. Time limits are two minutes at the discretion of the Board President.

Each SJUSD bargaining group president is given five minutes to address the Board of Education. A CITIZEN’S REQUEST TO SPEAK card must be completed and given to the Board Secretary prior to the conclusion of Oral Petitions. Bargaining group presidents who wish to speak during the discussion of an item on the posted agenda must indicate the item number on the CITIZEN’S REQUEST TO SPEAK card.

Minutes:
Board President Foley opened public comments at 6:35 PM. She explained that the Board would not discuss any items that come before them and that each person would be given 2 minutes to speak.

Speaker: Shawn Gerth, Managing Director of Schools and Talent at ACE Charter Schools
Topic: Renewal of ACE Inspire Academy Charter; partnership with SJUSD and newest board member Jill Case; looking forward to the public hearing and to the vote

Speaker: Tiffany Maciel, SJUSD parent
Topic: Submission of formal Charter Petition for Eureka Charter TK-8

Speaker: Steve Gonzales, SJUSD parent
Topic: Concerns about teacher performance and significant inequity between classes that needs to be addressed

Superintendent Albarrán indicated that staff members would follow up with Mr. Gonzales in regard to his concerns.

Deputy Superintendent Mr. McMahon stepped out of the meeting with Mr. Gonzales to speak with him in regard to his concerns.

Board President Foley addressed the audience in regard to the Board not responding to the concerns Mr. Gonzales presented. She explained that due to the provisions of the Brown Act, the Board could not take action on items presented to them until they have been publicly noticed.

Speaker: Rosalinda Garcia, SJUSD employee
Topic: She is happy to be a member of San José Unified; happy about everything that has been done to the building for the parents and the changes for the better

Public comments closed at 6:46 PM.
L. Minutes
L.1. Approval of the minutes of the Regular Session Meeting held September 28, 2017.
Actions:
Motion
To approve the minutes of the Regular Session Meeting held on September 28, 2017. Passed with a motion by Kimberly Meek and a second by Teresa Castellanos.
Vote:
Yes Teresa Castellanos.
Absent Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Paymon Zarghami.
Minutes:
The minutes of the Regular Session Meeting held September 28, 2017 were approved as submitted.
Attachments:
Minutes of September 28, 2017 Regular Session Meeting
M. Approval of Consent Calendar
Quick Summary / Abstract:
All Agenda items listed under the Consent Calendar will be enacted in one motion. There will be no discussion of these items prior to consideration of the motion, unless a member of the Board of Education or the Superintendent request that an item be removed from the Consent Calendar.
Actions:
Motion
To approve consent calendar items M.1 through M.30. Passed with a motion by Kimberly Meek and a second by Teresa Castellanos.
Vote:
Yes Teresa Castellanos.
Absent Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Paymon Zarghami.
Minutes:
Item M.8 was amended during the adoption of the agenda. All consent calendar items were approved.
M.1. Acceptance of Gifts (ACTION)
Quick Summary / Abstract:
RECOMMENDATION: That the Board of Education accept, with thanks, the gifts to the District as specified.
Rationale:
Prepared By
Nancy Albarrán
Superintendent of Schools



 
Attachments:
Gifts to SJUSD 10.19.17
M.2. Certificated Personnel Actions (ACTION)
Quick Summary / Abstract:
RECOMMENDATION:  That the Board of Education approve the Certificated Personnel Actions as specified.

Rationale:

Approved By
Jacqueline Murphy, Director
Human Resources

Approved By
J. Dominic Bejarano, Assistant Superintendent
Administrative Services





 
Attachments:
HR Certificated 10.19.17
M.3. Classified Personnel Actions (ACTION)
Quick Summary / Abstract:
RECOMMENDATION:  That the Board of Education approve the Classified Personnel Actions as specified.

Rationale:

Approved By
Jacqueline Murphy, Director
Human Resources

Approved By
J. Dominic Bejarano, Assistant Superintendent
Administrative Services







 
Attachments:
HR Classified 10.19.17
M.4. Short-term Limited Services Agreements (ACTION)
Quick Summary / Abstract:
RECOMMENDATION: That the Board of Education approve the Short-term Limited Services Agreements for $25,000 or less as specified.
Rationale:

Prepared By
Jacqueline Murphy, Director
Human Resources

Approved By
J. Dominic Bejarano, Assistant Superintendent
Administrative Services




 
Attachments:
Short-term Limited Services 2017-18 Agreements - 10.19.17
M.5. Sunshining of Initial Proposals between San José Unified School District (SJUSD) and California School Employees Association (CSEA) Chapter 4 (ACTION)
Quick Summary / Abstract:
RECOMMENDATION:  That the Board of Education approve the initial proposals for collective bargaining between SJUSD and CSEA.


Rationale:
The California School Employees Association (CSEA) Chapter 4 is the sole and exclusive bargaining agent for employees in the following classifications, excluding those employees designated as “confidential” through the Public Employment Relations Board:
  • Clerical, Secretarial, and Related Classes
  • Instructional Associate and Related Classes
Prepared By
Stephen McMahon
Deputy Superintendent

Approved By
Nancy Albarrán
Superintendent
 
Attachments:
SJUSD and CSEA Initial Proposals
M.6. Memorandum of Understanding (MOU) with Stanford University (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve a Memorandum of Understanding (MOU) with Stanford University to provide student teaching services and placements effective August 1, 2017 through June 30, 2020.




Rationale:

Student teachers are placed with pre-selected San José Unified mentors who receive a stipend of $1,664 for each semester that they coach and mentor a student teacher. 

In accordance with the San Jose Unified School District Strategic plan objective 4.1 is to develop calibrated criteria for teacher hiring in the following domains: values and beliefs (equity mindset) and core competencies for effective instruction; identify current teacher preparation programs from which to attract top talent.

The District participates and partners with neighboring institutes of higher education to recruit and select the most promising teacher candidates.
 
Approved By
Jacqueline Murphy, Director
Human Resources

Approved By
J. Dominic Bejarano, Assistant Superintendent
Administrative Services




 
Attachments:
MOU between SJUSD and Stanford - Student Teaching
M.7. Memorandum of Understanding (MOU) with San Francisco State University (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve a Memorandum of Understanding (MOU) with San Francisco State University to provide teaching, adapted physical education (APE), and administrative experiences through practice teaching or APE or administrative supervision from July 1, 2017 to June 30, 2020.





Rationale:
Student teachers are placed with pre-selected San José Unified mentors who receive a stipend of $1,664 for each semester that they coach and mentor a student teacher.

In accordance with the San Jose Unified School District Strategic plan objective 4.1 is to develop calibrated criteria for teacher hiring in the following domains: values and beliefs (equity mindset) and core competencies for effective instruction; identify current teacher preparation programs from which to attract top talent.

The District participates and partners with neighboring institutes of higher education to recruit and select the most promising teacher candidates.

Approved By
Jacqueline Murphy, Director
Human Resources

Approved By
J. Dominic Bejarano, Assistant Superintendent
Administrative Services




 
Attachments:
MOU between SJUSD and SFSU - Student Teaching
M.8. Quarterly Report on Williams Uniform Complaints (ACTION)
Quick Summary / Abstract:
RECOMMENDATION:  That the Board of Education certify that the San Jose Unified School District (SJUSD) had no Williams Uniform Complaints filed during the period from April 1 to June 30, 2017.






Rationale:

Notices to parents/guardians regarding their complaint rights have been posted in each classroom within the District. Education Code 35186 requires that the complaints be filed with the principal or his/her designee.

There are three general subject areas of complaints:

1. Textbooks and Instructional Materials

2. Teacher Vacancy or Misassignment

3. Facilities Conditions

Prepared By
Michelle Herlth, Manager
Academic Supports

Approved By
Nancy Albarrán
Superintendent



 
Minutes:
Item M.8 was amended during the adoption of the agenda as follows: Quarterly Report on Williams Uniform Complaints - on the form attached to the item, amend the Date Submitted to SCCOE to October 20, 2017 rather than November 3, 2017 and the Date Reported to District Governing Board at a public meeting to October 19, 2017 rather than November 2, 2017.
Attachments:
Quarterly Report on Williams Uniform Complaints - April 1 through June 30
M.9. Amendment 3 to Blach Construction Company - Construction Management Services - Contract (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve Amendment 3 to Blach Construction, revising the contract amount to $1,417,304 rather than $1,337,304 for Construction Management Services for the District Office Remodel (Project Z0482).

Budget Source:  
Long Term Maintenance [Fund 211]
 Developer Fees [Fund 251]
 Routine Maintenance [Fund 061]









Rationale:

The original contract was submitted to the Board of Education on December 10, 2015, in the amount of $619,027 and subsequently amended twice to a total fee of $1,337,304. Amendment 3 includes management of the replacement of the fire alarm system and multiple Phase 5 changes increasing the contract amount to $1,417,304.

Prepared By
Amy Ruffo, Manager
Facilities and Construction                                      

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent






 
Financial Impact:

Long Term Maintenance [Fund 211]
Developer Fees [Fund 251]
Routine Maintenance [Fund 061]





Attachments:
Blach Amendment 3 Z0482
M.10. Amendment 1 to RPH & Associates - Inspection Services - Contract (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve Amendment 1 to RPH & Associates revising the contract amount to $35,650 rather than $20,450 for Inspection Services for the Airedale Replacement at John Muir Middle School (Project 80025).

Budget Source:  Measure H [Fund 215]




Rationale:

The original contract was approved by the Board of Education on June 7, 2017, in the amount of $20,450. Amendment 1 provides for additional services related to an extended construction schedule through January 8, 2018, bringing current contract amount to $35,650.

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent
 






 
Financial Impact:

Measure H [Fund 215]


Attachments:
Amendment 1 for RPH & Associates 80025
M.11. Amendment 1 to Van Pelt Construction Services - Construction Management Services - Contract (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve Amendment 1 to Van Pelt Construction Services, Inc., revising the contract amount to $700,950 rather than $520,590 for Construction Management Services for the District Wide Safety & Security Upgrades  (Project 80012).

Budget Source:  Measure H [Fund 215]



Rationale:

The original contract was submitted to the Board of Education on December 8, 2016, in the amount of $520,590. Amendment 1 includes additional staffing due to increased scope requiring longer preconstruction, bidding, construction and closeout periods, bringing current contract amount to $700,950.

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent




 
Financial Impact:

Measure H [Fund 215]


Attachments:
Amendment 1 for Van Pelt 80012
M.12. BID 3026C - Silicon Valley Paving, Inc. - Playground Expansion (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education ratify a contract with Silicon Valley Paving, Inc., the responsible bidder submitting the lowest responsive bid meeting the specifications, in the amount of $284,887 to provide general engineering services for the Playground Expansion at Los Alamitos Elementary (Project 80032).






Rationale:

The District will be completing a Playground Expansion project at Los Alamitos Elementary in San Jose. In keeping with District policy and applicable law, this contract shall be let by formal public bid, per Public Contract Code section 20111. The Board of Education approved a Delegation of Authority for this project on September 7, 2017. M.31. Delegation of Power to Contract for the Playground Expansion at Los Alamitos (ACTION)

See Attached Bid Tabulation Sheet

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent








 
Financial Impact:
See Attached Bid Tabulation Sheet
Attachments:
Bid Tabulation for SVP for Project 80032
M.13. Change Order 7 to Contract 2045C - Bayside Interiors, Inc. (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $721,388.52 rather than $671,537.76 for Contract 2045C – Bayside Interiors, Inc. (Project Z0482).

Budget Source:  
Long Term Maintenance [Fund 211]
 Developer Fees [Fund 251]
 Routine Maintenance [Fund 061]





Rationale:

The Change Order listed above is for an additional scope of construction work for the completion of the District Office Alterations Project. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent


 
Financial Impact:
Long Term Maintenance [Fund 211] 
Developer Fees [Fund 251]
Routine Maintenance [Fund 061]

Attachments:
Change Order 7 Bayside 2046C Lenzen
M.14. Change Order 4 to Contract 3014C - R.C. Benson & Sons, Inc. (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $2,934,606.05 rather than $2,926,611.05 for Contract 3014C – R.C. Benson & Sons, Inc. (Project 80025).

Budget Source:  Measure H [Fund 215]



Rationale:

The Change Order listed above is for an additional scope of general construction work for the completion of the HVAC Airedale Replacement Project at John Muir Middle. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction  

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent



 
Financial Impact:

Measure H [Fund 215]


Attachments:
Change Order 4 for RC Benson Project 80025
M.15. Change Order 4 to Contract 2049C - Ciari Plumbing & Heating, Inc. (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $195,082.20 rather than $184,465.20 for Contract 2049C – Ciari Plumbing & Heating, Inc. (Project Z0482).

Budget Source:  
Long Term Maintenance [Fund 211]
 Developer Fee [Fund 251]
 Routine Maintenance [Fund 061]





Rationale:

The Change Order listed above is for an additional scope of plumbing work for the completion of the District Office Alterations Project. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent


 
Financial Impact:
Long Term Maintenance [Fund 211]
Developer Fees [Fund 251]
Routine Maintenance [Fund 061]

Attachments:
Change Order 4 Ciari Lenzen
M.16. Change Order 5 to Contract 2049C - Ciari Plumbing & Heating, Inc. (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $199,199.20 rather than $195,082.20 for Contract 2049C - Ciari Plumbing & Heating, Inc. (Project Z0482).

Budget Source:  
Long Term Maintenance [Fund 211]
 Developer Fees [Fund 251]
 Routine Maintenance [Fund 061]








Rationale:

The Change Order listed above is for an additional scope of plumbing work for the completion of the District Office Alterations Project. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent


 
Financial Impact:
Long Term Maintenance [Fund 211]
Developer Fees [Fund 251]
Routine Maintenance [Fund 061]
Attachments:
Change Order 5 Ciari Plumbing 2049C Lenzen
M.17. Change Order 5 to Contract 2042C - Coastwide Environmental Technologies, Inc. (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $676,275.95 rather than $653,028.93 for Contract 2042C - Coastwide Environmental Technologies, Inc. (Project Z0482).

Budget Source:  
Long Term Maintenance [Fund 211]
 Developer Fees [Fund 251]
 Routine Maintenance [Fund 061]


 





Rationale:

The Change Order listed above is for an additional scope of abatement and demo work for the completion of the District Office Alterations Project. This Change Order does not exceed the 8% contingency but prior change orders do. Therefore, the total of all change orders with regard to this contract continues to exceed the 8% allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent


 
Financial Impact:
Long Term Maintenance [Fund 211] 
Developer Fees [Fund 251]
Routine Maintenance [Fund 061]

Attachments:
Change Order 5 Coastwide 2042C Lenzen
M.18. Change Order 2 to Contract 3004C - D and T Painting (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $289,650 rather than $279,400 for Contract 3004C - D and T Painting (Project 80031).

Budget Source:  Measure H [Fund 215]



Rationale:

The Change Order listed above is for an additional scope of painting work, for the completion of the 2017 Painting Maintenance Project at multiple sites. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent


 
Financial Impact:

Measure H [Fund 215]


Attachments:
Change Order 2 for D and T Painting Project 80031
M.19. Change Order 7 to Contract 2047C/Delgado Electric, Inc. (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $2,228,143.62 rather than $2,139,154.50 for Contract 2047C - Delgado Electric, Inc. (Project Z0482).

Budget Source:  
Long Term Maintenance [Fund 211]
 Developer Fees [Fund 251]
 Routine Maintenance [Fund 061]








Rationale:

The Change Order listed above is for an additional scope of electrical work, for the completion of District Office Alterations Project. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent


 
Financial Impact:
Long Term Maintenance [Fund 211]
Developer Fees [Fund 251]
Routine Maintenance [Fund 061]
Attachments:
Change Order 7 for Delgado Electric
M.20. Change Order 4 to Contract 2088C/Environmental Systems, Inc. (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $913,074 rather than $852,514 for Contract 2088C - Environmental Systems, Inc. (Project 80027).

Budget Source:  Measure H [Fund 215]



Rationale:

The Change Order listed above is for an additional scope of General Construction work for the completion of the Gunderson High School Boiler Replacement Project. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent


 
Financial Impact:

Measure H [Fund 215]


Attachments:
Change Order 4 for ESI Project 80027
M.21. Change Order 4 to Contract 2054C - Magnum Drywall, Inc. (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $239,292.42 rather than $225,359.42 for Contract 2054C – Magnum Drywall, Inc. (Project Z0482).

Budget Source:  
Long Term Maintenance [Fund 211]
 Developer Fees [Fund 251]
 Routine Maintenance [Fund 061]








Rationale:

The Change Order listed above is for an additional scope of ceiling work for the completion of the District Office Alterations Project. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction.  In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent



 
Financial Impact:
Long Term Maintenance [Fund 211] 
Developer Fees [Fund 251]
Routine Maintenance [Fund 061]


Attachments:
Change Order 4 Magnum 2054C Lenzen
M.22. Change Order 2 to Contract 2050C Harry L. Murphy (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $534,770.43 rather than $500,545.11 for Contract 2050C – Harry L. Murphy (Project Z0482).

Budget Source:  
Long Term Maintenance [Fund 211]
 Developer Fees [Fund 251]
 Routine Maintenance [Fund 061]








Rationale:

The Change Order listed above is for an additional scope of flooring services for the completion of the District Office Alterations Project. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent



 
Financial Impact:
Long Term Maintenance [Fund 211]
Developer Fees [Fund 251]
Routine Maintenance [Fund 061]
Attachments:
Change Order 2 Harry L Murphy Lenzen
M.23. Change Order 4 to Contract 2098C Rodan Builders, Inc. (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $882,349 rather than $875,134 for Contract 2098C – Rodan Builders, Inc. (Project 80029).

Budget Source:  Measure H [Fund 215]



Rationale:

The Change Order listed above is for an additional scope of general construction work for the completion of the Erikson Campus upgrades project. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction                                      

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent



 
Financial Impact:

Measure H [Fund 215]


Attachments:
Change Order 4 for Rodan Project 80029
M.24. Change Order 6 to Contract 2046C/Thermal Mechanical (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $1,439,623.05 rather than $1,417,981.25 for Contract 2046C - Thermal Mechanical, Inc. (Project Z0482).

Budget Source:  
Long Term Maintenance [Fund 211]
 Developer Fees [Fund 251]
 Routine Maintenance [Fund 061]



Rationale:

The Change Order listed above is for an additional scope of mechanical work for the completion of the District Office Alterations Project. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent


 
Financial Impact:
Long Term Maintenance [Fund 211]
Developer Fees [Fund 251]
Routine Maintenance [Fund 061]
Attachments:
Change Order 6 For Thermal Mechanical For Project Z0482 Lenzen
M.25. Change Order 3 to Contract 3023C - Tiber Painting, LLC (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $291,800 rather than $267,000 for Contract 3023C - Tiber Painting, LLC (Project 80031).

Budget Source:  Measure H [Fund 215]





Rationale:

The Change Order listed above is for an additional scope of painting work for the completion of the 2017 Painting Maintenance Project at multiple sites. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction                                      

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent





 
Financial Impact:

Measure H [Fund 215]


Attachments:
Change Order 3 for Tiber Painting Project 80031
M.26. Change Order 4 to Contract 3023C - Tiber Painting, LLC (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the following Change Order, amending the contract amount to $293,800 rather than $291,800 for Contract 3023C - Tiber Painting, LLC (Project 80031).

Budget Source:  Measure H [Fund 215] 








Rationale:

The Change Order listed above is for an additional scope of painting work for the completion of the 2017 Painting Maintenance Project at multiple sites. The referenced Change Order exceeds the 8% contingency allowed for approval by the Director of Operations, Facilities and Construction. In accordance with Board Policy 3312.3, the referenced Change Order must be brought to the Board of Education for approval.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction                                      

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent



 
Financial Impact:

Measure H [Fund 215]


Attachments:
Change Order 4 for Tiber Painting Project 80031
M.27. Contract to Sandor Enterprises - Inspection Services (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education award a contract to Sandor Enterprises, in the amount of $36,000 to provide Inspection Services as required for the Transportation Facilities Maintenance Upgrades Project Phase II at the Corporation Yard (Project Z0490).

Budget Source:  Long Term Maintenance  [Fund 211]



Rationale:

In keeping with District policy and applicable law, this contract shall be let pursuant to a fair, competitive selection process. Government Code Section 4529.12 requires a “competitive selection process” in the selection of all professional services. The District solicited Requests for Qualifications (RFQ) for professional services. Responses were received and independently paper screened. Individual firms were interviewed, scored and ranked and an eligibility pool was approved by the Board.

Staff considered the scope, schedule and staffing needs of this project including the prospective leveraging of resources and selected Sandor Enterprises from the above mentioned pool and negotiated this contract with Sandor Enterprises to provide the resources necessary.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent






 
Financial Impact:

Long Term Maintenance  [Fund 211]



Attachments:
Agreement for Sandor Enterprises Project Z0490
M.28. Contract to Van Pelt Construction Services - Construction Management Services (ACTION
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education award a contract to Van Pelt Construction Services, in the amount of $153,430 to provide Construction Management Services as required for the Multi-Purpose Building Modernization at Willow Glen High School (Project 80035).

Budget Source:  Measure H  [Fund 215]




Rationale:

In keeping with District policy and applicable law, this contract shall be let pursuant to a fair, competitive selection process. Government Code Section 4529.12 requires a “competitive selection process” in the selection of all professional services. The District solicited Requests for Qualifications (RFQ) for professional services. Responses were received and independently paper screened. Individual firms were interviewed, scored and ranked and an eligibility pool was approved by the Board.

Staff considered the scope, schedule and staffing needs of this project including the prospective leveraging of resources and selected Van Pelt, Inc. from the above mentioned pool and negotiated this contract with Van Pelt, Inc. to provide the resources necessary.  

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent




 
Financial Impact:

Measure H [Fund 215]


Attachments:
Agreement for Van Pelt - Project 80035
M.29. Review of Construction Related Notices of Completion (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education review and accept the report of Notices of Completion referenced in the attached list.



Rationale:

The authority to execute, file, and record the following Notices of Completion was delegated by the Board to District staff pursuant to Educ. Code §35601. District staff requests that the Board review District staff’s actions related to these Notices of Completion.

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent






 
Financial Impact:

See Attached List

Attachments:
NOC Ratification List - October 2017
M.30. Ratification of Construction Related Contracts and Items (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education ratify District staff’s approval of Contracts, Change Orders, and Amendments referenced in the attached list.



Rationale:

The approval of the Contracts, Change Orders, and Amendments was delegated by the Board to District staff pursuant to Educ. Code §§17604 and 17605. District staff requests that the Board ratify the approval of these Contracts, Change Orders, and Amendments

Prepared By
Amy Ruffo, Manager
Facilities and Construction

Reviewed By
Steve Adamo, Director
Operations, Facilities and Construction

Approved By
Stephen McMahon
Deputy Superintendent





 
Financial Impact:

See Attached Ratification List

Attachments:
Ratification List - October 2017
N. Action, Information, and Discussion Items
N.1. New Board Policy and Administrative Regulation 3461 - Business and Noninstructional Operations - Debt Management (1st Reading) (INFORMATIONAL)
Quick Summary / Abstract:

INFORMATIONAL:  That the Board of Education review and consider the proposed new Board Policy and Administrative Regulation 3461 - Business and Noninstructional Operations - Debt Management and vote to approve the Board Policy and Administrative Regulation at the November 2, 2017 Board Meeting.










Rationale:

Commencing January 1, 2017, California debt issuers (including school districts) are required (under California Government Code 8855) to include in filings made with the California Debt and Investment Advisory Commission a certification that the Governing Board has adopted a debt management policy. The policy must include:

  • Purposes for which debt proceeds may be used
  • Types of debt that may be issued
  • Relationship of debt to capital improvement program or budget
  • Policy goals relating to planning and objectives
  • Internal control procedures to ensure proceeds are directed to intended use

The proposed Debt Management Policy is based on recommendations from California School Boards Association (CSBA) and Fiscal Crisis & Management (FCMAT). The certification that such policy has been adopted needs to be made prior to a bond sale. The District’s next sale of Measure H bonds is scheduled in early January 2018.

Prepared By
Florence Eng, Director
Business Support Services

Approved By
Stephen McMahon
Deputy Superintendent






 
Minutes:
This item is informational.

Board member comments were in regard to the policy being based on recommendations from CSBA and FCMAT.
Attachments:
1) BP 3461 - Debt Management
2) AR 3461 - Debt Management
N.2. Recommendation from Advisory Committee on Current Enrollment, Enrollment Projections, and Utilization of District Facilities (DISCUSSION)
Rationale:
On August 17, 2017, the San José Unified School District Board of Education approved the superintendent appointing and convening an advisory committee to gather facts and make a recommendation limited to possible next steps to the Board of Education on the District’s current enrollment, enrollment projections, and utilization of District facilities. The Advisory Committee on Current Enrollment, Enrollment Projections, and Utilization of District Facilities met on September 13, 2017 and October 10, 2017. The committee's recommendation accompanies this agenda item.


 
Minutes:
Deputy Superintendent Mr. McMahon provided the Board with a brief overview of the events leading up to the recommendation from the Advisory Committee on Current Enrollment, Enrollment Projections, and Utilization of District Facilities. He clarified that there is no action being taken on the recommendation tonight. He explained that the Board had authorized the Superintendent to appoint a committee charged with looking at and analyzing the District's capacity and enrollment and making a recommendation to the Board as to whether the facts warrant moving forward on establishing the committee that would do the full analysis. He said, "We had a representative from pretty much every stakeholder group. They looked at the numbers and concluded that the Board should convene the full process to look at our school capacity and our boundaries. What we are looking for tonight is your reaction to that report."

The Board had a lengthy discussion with input from staff on the recommendation from the Advisory Committee. They voiced concerns about the timeline for making decisions as well as concerns about equity in the distribution of the weight of any decisions that might be made. Deputy Superintendent Mr. McMahon and Superintendent Albarrán responded to the Board Members' request for input on whether there are any other paths or options that might be available to address the enrollment and capacity issue and what the fiscal implications are of doing nothing.

Wrapping up the discussion, Board President Foley indicated that since consensus had not been reached, the Board would not take action at the next meeting related to this recommendation to establish the committee and that the topic would be brought back in some form at the next meeting.
Attachments:
Recommendation from Advisory Committee on Enrollment and Facilities
N.3. Memorandum of Understanding (MOU) Between City of San José and San José Unified School District Regarding Police Services on School Campuses (ACTION)
Quick Summary / Abstract:

RECOMMENDATION:  That the Board of Education approve the Memorandum of Understanding (MOU) between the City of San José and the San José Unified School District regarding police services on school campuses.

Actions:
Motion

That the Board of Education approve the Memorandum of Understanding (MOU) between the City of San José and the San José Unified School District regarding police services on school campuses.

Passed with a motion by Kimberly Meek and a second by Teresa Castellanos.
Vote:
Yes Teresa Castellanos.
Absent Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Paymon Zarghami.
Rationale:

This Memorandum of Understanding (MOU) establishes principles and guidelines governing the relationship between the City and the District regarding the provision of SJPD law enforcement on District middle and high school campuses.

Prepared By
Dane Caldwell-Holden, Director
Student Support Services

Approved By
Nancy Albarrán
Superintendent



 
Minutes:
At the request of Board President Foley, Superintendent Nancy Albarrán provided some background on the Memorandum of Understanding between the City of San José and San José Unified School District Regarding Police Services on School Campuses.

Superintendent Albarrán introduced Dr. Mary Ann Dewan who is the Deputy Superintendent at the Santa Clara County Office of Education. She said, "I am really glad that she could join us tonight and I want to express my appreciation for her role in this effort." Superintendent Albarrán explained that last spring representatives from the City of San José, the San José Police Department, the City Attorney's Office, Eastside Union High School District, Campbell Union School District, San José Unified and Dr. Mary Ann Dewan representing the County Office of Education engaged in discussions about the role of school resource officers on school campuses. She said, "The group had a dialogue about the MOU and Mary Ann worked with the other agencies to bring forth a shared understanding of the role of officers on campuses and the role of administrators." Superintendent Albarrán invited Mary Ann Dewan to come forward to speak about the effort in bringing forth the MOU.

Dr. Mary Ann Dewan provided background on the development of the Memorandum of Understanding. She explained that research was done and it was decided that having just a contract for policing services was inadequate. The MOU was developed by utilizing partnerships with agencies as well the research that had been done and resources from the federal government about the role of school resource officers on campus. She said, "This Memorandum of Understanding has also gone under thorough legal review by legal counsel from the County Office of Education as well as the City of San José. We are pleased to finally be at this place where we can express our shared understanding about the primary focus being the safety of our students and the primary role of administrators in exercising their responsibility for discipline on the campus and being very clear about the very separate and distinct role of police officers. We are very excited that it has come to this place and congratulate the school district on their partnership in this effort as well."

Responding to Board President Foley's inquiry as to whether this is the same MOU that has been presented to the Santa Clara County Office of Education, Eastside Union High School District and Campbell Union High School District and which school districts have approved it so far, Dr. Mary Ann Dewan confirmed that it is the same MOU and that it has been already been approved by Eastside Union High School District and has been scheduled to be voted on at Campbell Union School District's November meeting. She said, "This Memorandum of Understanding is identical across the school districts. The primary reason for that is that San José PD is the unifying entity. The secondary reason is that it represents best practice and we wanted to have consistency of practice across the county."

Board President Foley opened the discussion for questions from the Board.

Dr. Mary Ann Dewan as well as Deputy Superintendent Stephen McMahon, Superintendent Nancy Albarrán and Director of Student Support Services Dane Caldwell-Holden responded to Board member questions and comments in regard to the MOU, which include reducing the school to prison pipeline, using some of the Eastside practices, evaluating it on a yearly basis, where the research and best practices came from, the amount of training the school resource officers receive, the number of students referred to police, the number of citations by ethnicity, what the citations result in, whether it has been reviewed by principals and teachers, whether there is an operational or board policy about resource officers, how the MOU would operate in the schools and what kind of work the resource officers do.

Mr. Zarghami left the room at 7:37 PM and returned to the room at 7:41 PM.

Following the discussion and a Board Member request for additional information about what other kind of things the resource officers do, Board President Foley requested that more details about the role of the resource officers be included in the Friday letter.
Attachments:
MOU Between City and District Regarding Police Services
N.4. Resolution 2018-10-19-01 Affordable Housing Crisis (ACTION)
Quick Summary / Abstract:
RECOMMENDATION:  That the Board of Education approve and adopt Resolution 2018-10-19-01 Affordable Housing Crisis.




Actions:
Motion
That the Board of Education approve and adopt Resolution 2018-10-19-01 Affordable Housing Crisis.
Passed with a motion by Teresa Castellanos and a second by Kimberly Meek.
Vote:
Yes Teresa Castellanos.
Absent Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Paymon Zarghami.
Rationale:

The City of San José has been named as the most unaffordable place to live in the nation, and the fifth most unaffordable place in the world behind Hong Kong, Sydney, Vancouver, and Aukland. Stable housing is essential to the well-being of San José Unified's students, families, and employees. This resolution commits San José Unified as a partner in positively addressing San José's affordable housing crisis.

Prepared By
Stephen McMahon
Deputy Superintendent

Approved By
Nancy Albarrán
Superintendent




 
Minutes:
Board Member discussion included comments in regard to the challenges students and families face living in Silicon Valley, a request for a McKinney-Vento update, adding the data source for San José being named the fifth most unaffordable place to live in the world and a correction in the third paragraph of the resolution to indicate 10,000 rather than 10,00 of those 25,000 homes are affordable.

The resolution was approved and adopted as recommended. The correction in the third paragraph was made on the signature copy of the resolution.
Attachments:
Resolution 2018-10-19-01 - Affordable Housing Crisis
O. Closed Session Report
Minutes:
Superintendent Nancy Albarrán gave the closed session report: The Board of Education discussed and authorized moving forward with personnel items by a vote of 4:0 with Susan Ellenberg absent.
Yes Teresa Castellanos
Absent Susan Ellenberg
Yes Pamela Foley
Yes Kimberly Meek
Yes Paymon Zarghami

The Board did not have a conference with legal counsel on anticipated litigation. The Board held a conference with legal counsel on existing litigation case number 2017060384. The Board discussed liability claims by Hai Yin Yap and the Board denied a claim by Wesley Chu by vote of 4:0 with Trustee Ellenberg absent.
Yes Teresa Castellanos
Absent Susan Ellenberg
Yes Pamela Foley
Yes Kimberly Meek
Yes Paymon Zarghami

The Board also held a conference with labor negotiators and the Board held a conference with real property negotiators on assessor's parcel number 701-07-016. The Board did not get a chance to discuss the Superintendent's performance evaluation.
P. Adjourn
Actions:
Motion
Passed with a motion by Kimberly Meek and a second by Paymon Zarghami.
Vote:
Yes Teresa Castellanos.
Absent Susan Ellenberg.
Yes Pamela Foley.
Yes Kimberly Meek.
Yes Paymon Zarghami.
Minutes:
The meeting adjourned at 7:53 PM.
P.1. Next Board Meeting - November 2, 2017
Disability Information:
All meetings of the Governing Board are open to the general public with the exception of Closed Sessions, which are held to consider those items specifically exempt under the Ralph M. Brown Act. Anyone planning to attend a meeting who has a disability and needs special assistance should call the Superintendent’s Office, 535-6069, at least three (3) days in advance to make special arrangements. ----- Todas las juntas de la Mesa Directiva están abiertas al público en general con la excepción de las sesiones privadas, las cuales se llevan a cabo para considerar los asuntos específicamente exentos por la Ley Ralph M. Brown. Cualquier persona con una discapacidad para la cual necesita ayuda especial y planea asistir a una junta, debe llamar a la Oficina de la Superintendente al 535-6069, por lo menos con tres (3) días de anticipacion para hacer los preparativos necesarios. ----- Spanish interpretation is available at Board Meetings. To arrange for interpretation services or to request a translated version of the printed agenda outline, please call the Superintendent’s Office, 535-6069, at least three (3) days in advance. [Se ofrece interpretación simultánea al español en las juntas de la Mesa Directiva. Si desea solicitar interpretación al español o si desea solicitar una copia impresa en español del orden del dia, por favor llame a la Oficina de la Superintendente, al 535-6069, por lo menos con tres (3) días de anticipación.]
10/19/2017 6:04:00 PM ( Original )
PresentTeresa Castellanos
AbsentSusan Ellenberg
PresentPamela Foley
PresentKimberly Meek
PresentPaymon Zarghami

The resubmit was successful.