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Board of Education
Napa Valley USD
October 24, 2019 7:00PM
Board Room 2425 Jefferson Street, Napa, Ca 94558

A. Call to Order in Open Session at 5:30 PM (Procedural Item)
B. Public Comments on Closed Session - Notice is hereby given that a closed session of the Board of Education will be held under the general provisions of Govt. Code Section 54957. This opportunity is provided to allow the public to comment prior to the Board’s consideration (Govt. Code Section 54954.3 (Procedural Item)
C. Adjourn to Closed Session - The Board will hold a closed session to consider and/or take action upon any of the following items: (Procedural Item)
D. Closed Session Agenda (Action Item)Confidential agenda item.
D.1. Student Discipline - With respect to every item of business to be discussed in closed session pursuant to Ed. Code 35146 and 48912;20, Govt. Code Section 49060 and 49078 and the Family Rights and Privacy Act (U.S.C. Section 1232g): STUDENT MATTERS - Potential student expulsions and/or student re-entry (Action Item)Confidential agenda item.
D.1.a. Suspended Expulsions- Number of Cases: 0 (Action Item)Confidential agenda item.
D.1.b. Expulsions- Number of Cases: 1 (Action Item)Confidential agenda item.
D.1.b.1. Recommendation for Expulsion for Student 10242019A (Action Item)Confidential agenda item.
D.1.c. Re-Admitted Expulsions- Number of Cases: 1 (Action Item)Confidential agenda item.
D.1.c.1. Recommendation for Re-Admission for Student 10242019B (Action Item)Confidential agenda item.
D.1.d. Student Record Expungement- Number of Cases: 0 (Action Item)Confidential agenda item.
D.2. Personnel (Action Item)Confidential agenda item.
D.2.a. Public Employee Discipline/Dismissal/Release/Assignments (Government Code Section 54956.8) (Action Item)Confidential agenda item.
D.2.b. Public Employee Appointment/Employment (Government Code Section 54957[b]) (Action Item)Confidential agenda item.
D.2.c. Public Employee Performance Evaluation (Government Code Section 54957[b]) (Action Item)Confidential agenda item.
D.3. Conference with Labor Negotiator pursuant to Section 54957[a]: Agency Negotiator: Dana Page, Assistant Superintendent. Name of organizations representing employees: Gayle Young NVEA; Edgar Ventura, CSEA #184; Corinne Gomez, NAPS (Action Item)Confidential agenda item.
D.4. Conference on Real Property (Government Code 54956.8) (Action Item)Confidential agenda item.
D.5. Anticipated Litigation (Government Code Section 54956.9(b))- Number of Cases: 1 (Action Item)Confidential agenda item.
D.5.a. City of American Canyon existing Public Records Act request (Action Item)
D.6. Existing Litigation (Government Code Section 54956.9)- Number of cases: 0 (Action Item)Confidential agenda item.
D.7. Initiation of Litigation (Government Code Section 54956.9(d))- Number of cases: 0 (Action Item)Confidential agenda item.
D.8. Liability Claims- Number of Cases: 0 (Procedural Item)Confidential agenda item.
Quick Summary / Abstract:
Pursuant to Section 54956
E. Reconvene to Open Session - 7:00 p.m. (Procedural Item)
E.1. Report on Closed Session Items (Procedural Item)
E.2. Flag Salute (Procedural Item)
E.3. Announcement (Procedural Item)
Quick Summary / Abstract:

This meeting is recorded for live-streaming and archiving on the District YouTube channel.


E.4. Approval of Agenda (Procedural Item)
E.5. Approval of Minutes for August 22, 2019, September 12, 2019, and September 26, 2019. (Procedural Item)
Attachments:
Meeting Minutes August 22, 2019
Meeting Minutes September 12, 2019
Meeting Minutes September 26, 2019
E.6. Recognition of Visitors & Employee Organizations (Procedural Item)
F. Recognition of Students of the Month (Procedural Item)
F.1. Vintage High School: September, Diana Gonzalez; October, Michael McDowell (Information Item)
Quick Summary / Abstract:

Recognition of Students of the Month Sponsored by Napa Valley Education Foundation.

F.2. Napa Valley Independent Studies: September, Anahi Salinas; October, Taylor Bagg (Information Item)
Quick Summary / Abstract:

Recognition of Students of the Month Sponsored by Napa Valley Education Foundation


G. Public Comments on Non Agenda Items (Procedural Item)
Quick Summary / Abstract:
Members of the audience may address the Board on any school-related matter that is not on the agenda. The Board will not take action on any issue raised during this section of the agenda inasmuch as Board action is limited to posted agenda items. Speakers are requested to limit their comments to a maximum of three minutes.
H. Reports (Procedural Item)
H.1. Board of Education and Student Board Representative (Procedural Item)
H.2. Superintendent and Executive Staff (Procedural Item)
H.3. Facilities and Bond Program Update (Procedural Item)
I. Approval of Consent Agenda (Consent Agenda)
Quick Summary / Abstract:

Background information on these items is provided to the Board prior to the meeting . A common motion takes action without discussion on roll call vote unless discussion of item(s) is requested by the Board member(s).

I.1. Approval of Consultant Services Contracts under $15,000.00 listing. (Consent Agenda)
Rationale:

See attached listing by vendor.

 
Financial Impact:

 See attached listing.

Recommended Motion:

Approval of Consultant Services Contracts under $15,000.00 listing.

Attachments:
Consultant Services Contracts under $15,000.00
I.2. Human Resources (Consent Item)
I.2.a. Human Resources Personnel Document (Consent Item)
Rationale:

The following Personnel Document reports details of Certificated, Classified, Adult Education and Coaches employment and terminations along with changes to assignments and request for leave of absences.

 
Recommended Motion:

Approval of the Human Resources Personnel Document.

Attachments:
Adult Education
Certificated
Certificated Extra Duty Assignments
Classified
Coaches
I.3. School Planning and Construction (Consent Item)
I.3.a. SPC 29.93-17 Arntz Builders, Inc. Change Order #6 for Campus Renovation at Irene Snow Elementary School (Consent Item)
Rationale:

Change Order #6, to Arntz Builders, Inc. for the campus renovation at Irene Snow Elementary School Project includes several changes associated with the final review and approval process at Division of the State Architect (DSA) where they required changes to the concrete, structural steel, framing and fire alarm scope. There are also more costs associated with unsuitable soils that would not reach compaction requirements.  In addition to the aforementioned changes, there are changes required by the local Fire Department associated with the addition of a sliding gate in lieu of the swinging gate; the Health Department associated with the addition of stainless trim at the finishing kitchen serving window and Napa Sanitation Department associated with the capping of an abandoned sewer connection from the existing campus. Change Order #6 also includes minor NVUSD requested changes associated with more durable aluminum trim at the kitchen walls covering, tie-in of the rainwater downspouts to the storm drain, improved access at a fire riser location and motorized window shades.  Finally, there are minor design errors and omissions that cover the installation of a storefront and door system not clearly indicated on the drawings, additional flashing and waterproofing at exterior storefront doors.



 
Financial Impact:

Change Order #6 $200,688 (1.3% of the original contract).  The total cumulative change orders for the Campus Renovation at Irene Snow Elementary School Project are in the amount of $1,257,963.37, 8.2% of the original contract, which are within the allocated amount of contingency budgeted.  Financial impact: $200,688.  Funding Source: Measure H.


Recommended Motion:

Approval of Change Order #6 to Arntz Builders, Inc., of Petaluma, for the campus renovation at Irene Snow Elementary School Project.

Attachments:
Snow Project - ABI - Cover - CO-06 - signed
I.3.b. SPC 29.94-17 Arntz Builders, Inc. Change Order #7 for Campus Renovation at Irene Snow Elementary School (Consent Item)
Rationale:

Change Order #7, to Arntz Builders, Inc. for the campus renovation at Irene Snow Elementary School Project includes a series of NVUSD requested changes that include altering the pedestrian path to the campus to improve student safety; access to the campus and facilitate continued progress of the project; corrections to an exposed footing following a retaining wall change; modifications to a gutter for improved maintenance; change to entry gates from a custom fabrication to a design more conducive to maintenance; minor changes to kinder playground concrete configuration; and loading of trucks for soil export off the site.  There are also some design errors that required correction.  These include some minor structural and flashing changes to building M, and a larger change that added mow strips to modular buildings for code compliance and improved drainage.  Finally, there are change costs for addressing more unsuitable soil conditions that have been experienced on every current NVUSD project.



 
Financial Impact:

Change Order #7 $109,333 (0.7% of the original contract).  The total cumulative change orders for the Campus Renovation at Irene Snow Elementary School Project are in the amount of $1,367,296.37, 8.89% of the original contract, which are within the allocated amount of contingency budgeted.

Financial  Impact: $109,333.  Funding Source: Measure H.

Recommended Motion:

Approval of Change Order #7 to Arntz Builders, Inc., of Petaluma, for the campus renovation at Irene Snow Elementary School Project.

Attachments:
Snow Project - ABI - Cover - CO-07 - signed
I.3.c. SPC 23.126-16 Quattrocchi Kwok Architects Amendment #9 for El Centro Modernization Project (Willow Elementary) (Consent Item)
Rationale:

This represents the final amendment to Quattrocchi Kwok Architects (QKA) contract for architectural services at the El Centro Modernization Project (Willow Elementary).  Per contract, the architect is owed for changes to the project that were not caused by their errors.  This contract amendment represents only those items and compensates the firm for its time to coordinate and design those scopes of work.  Per the attached document, the amendments are issued following the approval of the associated change orders to the General Contractor.


 
Financial Impact:

Financial Impact: $5,951.  Funding Source: Measure H.

Recommended Motion:

Approval of amendment #9 to Quattrocchi Kwok Architects, of Santa Rosa, for the El Centro Modernization Project (Willow Elementary).

Attachments:
QKA Amend #9 - Willow-signed
I.3.d. SPC 29.92-17 TLCD Architecture Amendment #8 and #9 for Campus Renovation at Irene Snow Elementary School (Consent Item)
Rationale:

Amendment #8 for TLCD Architecture on the Irene Snow Elementary School project covers the cost associated with Design and Division of the State Architect (DSA) approval process for the addition of a second lunch shelter to the campus.  
Amendment #9 includes the costs for modification of the drawings to comply with City of Napa requirements and managing the approval process through the City for the Foster Road off-site improvements.




 
Financial Impact:

$4,650 (Add Serve #8).  $36,767 (Add Serve #9)

Financial Impact: $41,417.  Funding Source: Measure H.

Recommended Motion:

Approval of amendment #8 and #9 to TLCD Architecture, of Santa Rosa, for the campus renovation at Irene Snow Elementary School.

Attachments:
TLCD Contract Amendment - 8 Signed - FLAT
TLCD Contract Amendment 9
J. Presentations and Discussion Items (Discussion Item)
J.1. Instructional Services (Discussion Item)
J.1.a. Presentation of California Accountability Dashboard - Local Indicators (Information Item)
Quick Summary / Abstract:

District staff will be presenting on the local indicators data as required through California's state accountability system for public school performance. The local indicators are posted to the California Dashboard to give local context about state performance outcomes, to define initiatives and implementations which impact and improve those results.  



Rationale:

The State Board of Education (SBE) approved standards for the local indicators that support local educational agencies (LEAs) in measuring and reporting their progress within the appropriate priority area. For each local indicator, the approved standard includes:

  1. Measuring LEA progress on the local indicator based on locally available information, and

  2. Reporting the results to the LEA's local governing board at a regularly scheduled meeting of the local governing board and to stakeholders and the public through the Dashboard.

For each applicable local indicator, LEAs assign one of three performance levels:

  • Met
  • Not Met
  • Not Met for Two or More Years

LEAs make the determination for each applicable local indicator by using self-reflection tools to measure and report their progress through the Dashboard. The collection and reflection on locally available information relevant to progress on local priority areas will support LEAs in local planning and improvement efforts.

District staff will be presenting on the local indicators data as required through California's state accountability system for public school performance. The local indicators are posted to the California Dashboard to give local context about state performance outcomes, to define initiatives and implementations which impact and improve those results. 



 
Attachments:
Board Presentation Local Indicators
K. Action Items (Action Item)
K.1. Business and Operations (Action Item)
K.1.a. Intention to Sell Van de Leur Property Resolution #20-07 (Action Item)
Rationale:

The Napa Valley Unified School District (“District”) is the owner of a former school site commonly known as Vintage Farm/Van de Leur site, located at 1185 Sierra Avenue, Napa, CA 94558, APNs 038-250-037 and 038-250-035 (“Property”), which the Board has previously declared as surplus to the District’s needs.  The District previously convened a Real Property Advisory “7-11” Committee (“Committee”) pursuant to Education Code sections 17387, et seq., to advise the Board in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings which is not needed for school purposes.  On December 17, 2015, the Committee presented its Report to the Board, in which the Committee, recognizing the unique community resource it is, recommended that the Property be sold for its “Highest and Best Use,” anticipated to be for a residential subdivision, with conditions that included the acquisition, relocation, and reconstitution of the school farm located on the Property to a property or properties of no less than nine (9) acres, within a 1/2 mile walking distance to the District’s Vintage High School, and that would not materially diminish the educational program.  Once a new viable location for the school farm is found, the Committee recommended that the District has no educational, operational, or administrative need for the Property, recommended that the Property be sold.  The District has since located and acquired a new site for the school farm, confirming the surplus status of the Property.


On April 25, 2019, the Board adopted Resolution No. 19-22, declaring the Property surplus, authorizing solicitation of offers from public agencies for the sale of the Property, approving a proposed waiver (“Waiver”) from the State Board of Education of specified sections of the Education Code to allow the District to utilize a Requests for Proposals (“RFP”) process and maximize the return on the sale of the Property, and authorizing the issuance of RFPs seeking proposals for purchase of the Property.  The Waiver is expected to be considered by the State Board of Education at its meeting on November 6-7, 2019.


Education Code section 17466 requires the governing board of a school district, before ordering the sale or lease of any property, in a regular open meeting by two-thirds vote of all of its members, to adopt a resolution declaring its intention to sell or lease the property, as the case may be.  Although some of the requirements of Education Code section 17466 are the subject of the Waiver, and will not apply to the District is the Waiver is approved, the general requirement to adopt the Resolution by two-thirds vote still applies.

 
Recommended Motion:

Approval of Resoultion 20-07 Intention to Sell Van de Leur Property.

Attachments:
Resolution of Intention to Sell
K.1.b. Resolution to Close and Consolidate Mt George Resolution # 20-08 (Action Item)
Rationale:

Throughout the 2018-2019 fiscal year and ongoing, the District has been conducting a thorough review of its budget in order to assess and remedy financial challenges including dramatic declining enrollment and, as a result, declining revenues.  After reviewing extensive data related to items including finances, budget, enrollment, and facility capacity, District staff recommended that the Board examine the possibility of closing and/or consolidating some of the District’s smaller campuses as part of an overall plan to reduce annual operational costs and maintain long term financial stability in the District.


On August 8, 2019, pursuant to Education Code sections 17387, et seq., the Board of Trustees of the Napa Valley Unified School District convened a “7-11” District Advisory Committee consisting of 11 members and 4 alternates to advise the Board on potential school closures and/or consolidations and on the use of real property no longer needed for school purposes.  The Committee met on August 20, September 3, September 17, and October 1, and allowed for public comment and input at each meeting.  During these meetings, District staff presented information regarding the District’s budget, financial status, historical enrollment analysis, projected enrollment trends, facilities capacity, and other policy considerations.  On September 17, 2019, the Committee voted to recommend closure of Mt. George Elementary School, and on October 1, 2019, the Committee voted to consolidate Mt. George Elementary School with Alta Heights Elementary School.  Also on October 1, 2019, the Committee approved the Report on Recommendations Regarding Small School Closures and Consolidations, which was presented to the Board on October 15, 2019.


District staff, the Board, and the 7-11 Committee have collectively provided for extensive community input and involvement regarding the potential closure and/or consolidation of small schools. 

 
The potential closure of Mt. George Elementary School and consolidation with Alta Heights Elementary School (collectively, the “Project”) is a project for purposes of the California Environmental Quality Act (“CEQA,” Pub. Resources Code, §§ 21000, et seq.).  However, Public Resources Code section 21080.18 provides that CEQA does “not apply to the closing of any public school in which kindergarten or any of grades 1 through 12 is maintained or the transfer of students from that public school to another school if the only physical changes involved are categorically exempt.”  District staff believes that no physical changes will result from the Project, since Alta Heights Elementary School has capacity to house the students that currently attend Mt. George Elementary School, and based on the fact that, historically, approximately 30% of the District’s students utilize the open enrollment process.  The Project is not anticipated to have any significant effects on the environment.


Therefore, based on budget and enrollment projections, the recommendations of the Committee and the public’s input, District staff recommends that the Board adopt Resolution No. 20-08 Approving Closure of Mt. George Elementary School and Consolidation with Alta Heights Elementary School, and Determining that the Project is Exempt from CEQA.


 
Attachments:
Resolution 20-08 Mt George Close and Consolidation
K.1.c. Resolution to Close and Consolidate Yountville Resolution # 20-09 (Action Item)
Rationale:

Throughout the 2018-2019 fiscal year and ongoing, the District has been conducting a thorough review of its budget in order to assess and remedy financial challenges including dramatic declining enrollment and, as a result, declining revenues.  After reviewing extensive data related to items including finances, budget, enrollment, and facility capacity, District staff recommended that the Board examine the possibility of closing and/or consolidating some of the District’s smaller campuses as part of an overall plan to reduce annual operational costs and maintain long term financial stability in the District.


On August 8, 2019, pursuant to Education Code sections 17387, et seq., the Board of Trustees of the Napa Valley Unified School District convened a “7-11” District Advisory Committee consisting of 11 members and 4 alternates to advise the Board on potential school closures and/or consolidations and on the use of real property no longer needed for school purposes.  The Committee met on August 20, September 3, September 17, and October 1, and allowed for public comment and input at each meeting.  During these meetings, District staff presented information regarding the District’s budget, financial status, historical enrollment analysis, projected enrollment trends, facilities capacity, and other policy considerations.  On September 17, 2019, the Committee voted to recommend closure of Yountville Elementary School, and on October 1, 2019, the Committee voted to consolidate Yountville Elementary School with Willow Elementary School.  Also on October 1, 2019, the Committee approved the Report on Recommendations Regarding Small School Closures and Consolidations, which was presented to the Board on October 15, 2019.


District staff, the Board, and the 7-11 Committee have collectively provided for extensive community input and involvement regarding the potential closure and/or consolidation of small schools.

  
The potential closure of Yountville Elementary School and consolidation with Willow Elementary School (collectively, the “Project”) is a project for purposes of the California Environmental Quality Act (“CEQA,” Pub. Resources Code, §§ 21000, et seq.).  However, Public Resources Code section 21080.18 provides that CEQA does “not apply to the closing of any public school in which kindergarten or any of grades 1 through 12 is maintained or the transfer of students from that public school to another school if the only physical changes involved are categorically exempt.”  District staff believes that no physical changes will result from the Project, since Willow Elementary School has capacity to house the students that currently attend Yountville Elementary School, and based on the fact that, historically, approximately 30% of the District’s students utilize the open enrollment process.  The Project is not anticipated to have any significant effects on the environment.


Therefore, based on budget and enrollment projections, the recommendations of the Committee and the public’s input, District staff recommends that the Board adopt Resolution No. 20.09 Approving Closure of Yountville Elementary School and Consolidation with Willow Elementary School, and Determining that the Project is Exempt from CEQA.

 
Attachments:
Resolution 20-09 Yountville Close and Consolidation
K.1.d. Revised Intradistrict Open Enrollment BP 5116.1 (Action Item)
Rationale:

The new Intradistrict Open Enrollment policy  - BP 5116.1 has been revised to provide priority to students attending a school that has been designated by the Board to close at the end of the current school year; and who either: (a) are currently attending the school designated for closure, or (b) in the following school year will be entering the earliest grade level of the school designated for closure. This priority only applies to students who reside within the boundaries of Napa Valley Unified School District. Students who attend a District school pursuant to an inter-district transfer are not eligible for lottery priority.  The policy has also been clarified to align with our board approved desegregation plan.

 
Recommended Motion:

Approval of the new Intradistrict Open Enrollment Policy BP 5116.1

Attachments:
NVUSD Open Enrollment
K.2. Instructional Services (Action Item)
K.2.a. Memorandum of Understanding between On The Move and Napa Valley Unified School District. (Action Item)
Rationale:

On The Move offers core services to foster youth, homeless youth, probation youth, and other youth referred by any school in the Napa Valley Unified School District to the VOICES and LGBTQ Connect programs.


 
Financial Impact:

No financial impact to NVUSD.

Attachments:
MOU - On The Move
K.2.b. Contract for Services with ProCare Therapy (Action Item)
Rationale:

ProCare Therapy is a Non-Public Agency supporting schools in staffing both healthcare and school professional positions for special education and health care needs.

The Master Contracts for all Non-Public Agencies are approved through the Napa County Special Education Local Plan Area (SELPA) prior to being released for District use.  The SELPA works as part of the Bay Area Consortium to establish rates for Non-Public Agencies and establish terms within the Master Contracts.  Districts are then able to set Individual Service Agreements with Non-Public Agencies to meet their needs.  Napa Valley Unified School District's Special Education Department is contracting with ProCare Therapy for a Certified Occupational Therapy Assistant. 

This position is needed on a temporary/short term basis to meet the needs of students as identified through their Individual Education Plans (IEP) at sites where the District Occupational Therapist is on a short term medical leave. 


 
Financial Impact:

Fiscal Impact: $23,118.75

Funding Source: Special Education


Recommended Motion:

Approval of contract with ProCare Therapy for a Certified Occupational Therapy Assistant on a temporary/short term basis.

Attachments:
ProCare Therapy Client Assignment Confirmation
ProCare Therapy Master Contract 2019-20
K.2.c. Local Control and Accountability (LCAP) Federal Addendum and Annual Title III Local Plan Update (Action Item)
Rationale:

The Local Control and Accountability Plan (LCAP) Federal Addendum and Annual Title III Local Plan Update are meant to supplement the LCAP to ensure that eligible Local Education Agencies (LEAs) have the opportunity to meet the LEA Plan provisions of the ESSA. The LCAP Federal Addendum is completed and submitted to the California Department of Education (CDE) to apply for ESSA funding. LEAs are encouraged to review the LCAP Federal Addendum and Annual Title III Local Plan Update annually with their LCAP, as ESSA funding should be considered in yearly strategic planning.

 
Financial Impact:

Fiscal Impact: none

Recommended Motion:

Approval of the Local Control and Accountability (LCAP) Federal Addendum and Annual Title III Local Plan Update.

Attachments:
LCAP Federal Addendum
LCAP Federal Addendum Title III
K.2.d. Contract between Sylvan Learning and Napa Valley Unified School District - McPherson Elementary. (Action Item)
Rationale:

Sylvan Learning will provide individual or small group instruction in English Language Arts to McPherson Elementary students.

 
Financial Impact:

Financial Impact: $24,174.00     Funding Source: Site Title I 

Recommended Motion:

Approval of contract between Sylvan Learning and Napa Valley Unified School District - McPherson Elementary.

Attachments:
Sylvan Learning
K.3. School Planning & Construction (Action Item)
K.3.a. SPC 16.19-17 Call for Bid Phase 1 of District Wide Fencing (Action Item)
Rationale:

Upon approval, School Planning and Construction will begin preparations to bid the Phase #1 Fencing Projects at McPherson, Shearer & Donaldson Way. The result will be perimeter fencing at school sites limiting entry to campus. Upon completion of the bidding process, staff will return for approval of the final bid amount.


 
Financial Impact:

Potential Financial Impact: $1,200,000.  Funding Source: Measure H.



Recommended Motion:

Approval of Call for Bid for Phase 1 of District Wide Fencing Project.

L. Board Representatives Reports (Information Item)
L.1. Special Education Community Advisory Council (CAC) (Information Item)
M. Additional Suggestions & Comments from Board Members and Superintendent (Information Item)
N. Future Agenda Items (Information Item)
O. Adjournment (Information Item)
Disability Information:
In compliance with the American with Disabilities Act, if special assistance is needed to participate in the meeting, contact the District at 707-253-3512. Notification forty-eight hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. The Napa Valley Unified School District is committed to providing accessibility for all. If you experience difficulty accessing content on our website, please contact the NVUSD Communications Office at communications@nvusd.org or (707)259-7525. A staff member will help you resolve the issue or provide the information in an alternative format.

Published: October 18, 2019, 3:37 PM

The resubmit was successful.