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Board of Education Regular Meeting
Gilroy USD
November 21, 2019 7:00PM
Board Room 7810 Arroyo Circle Gilroy, CA 95020 Closed Session: 5:00 PM | Study Session: 6:00 PM | Regular Session 7:00 PM

1. CALL TO ORDER (Procedural Item)
a. PUBLIC COMMENT 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)
2. CLOSED SESSION (5:00 PM) (Procedural Item)
a. REMOVAL/SUSPENSION/EXPULSION OF A STUDENT (Education Code 428912; 20 U.S.C. Section 1232g) Number of Cases: 3 (Action Item)Confidential agenda item.
Quick Summary / Abstract:
  • Case # 2020-09
  • Case # 2020-10
  • Case # 2020-11

b. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957[b]) (Action Item)Confidential agenda item.
c. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Government Code Section 54956.9(b)) Number of Cases (Action Item)Confidential agenda item.
d. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9) Number of Cases: (Action Item)Confidential agenda item.
e. PUBLIC EMPLOYEE PERFORMANCE EVALUATION [Government Code Section 54957(b)] (Procedural Item)Confidential agenda item.
Quick Summary / Abstract:
  • Superintendent
f. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957[a]) (Discussion Item)Confidential agenda item.
3. STUDY SESSION (6:00 PM) (Procedural Item)
a. School Site Presentations – Glen View Elementary and El Roble Elementary (Information Item)
Quick Summary / Abstract:

Principals Christine Vasquez (Glen View) and Scott Otteson (El Roble) will present the successes and areas of focus for their schools to the Board of Education.





Rationale:

The principals will provide a presentation to the Board highlighting the successes and areas of focus for the 2019-20 school year.



 
Comments:

In 2017, the school format of the presentations was adjusted by the Board of Education in order to focus on a few schools at a meeting rather than half the schools at once. Therefore, two- three  schools will present at each Board meeting beginning in September through November 2019.




Financial Impact:

none

Attachments:
El Roble School Site Presentation
Glen View School Site Presentation
4. REGULAR SESSION (7:00 PM) (Procedural Item)
Quick Summary / Abstract:

This meeting is being recorded or broadcasted; images and sounds may be captured of those attending the meeting.

a. Pledge of Allegiance - Glen View Elementary (Christine Vasquez, Principal) (Procedural Item)
b. Approval of Agenda (Action Item)
c. Recognitions (Information Item)
Quick Summary / Abstract:
  • CAASPP: El Roble Elementary, Las Animas Elementary & Brownell Middle School
  • Central Coast Section (CCS) Honor Coach Invitation: Douglas Pickford
d. General Public Comment (Procedural Item)
Quick Summary / Abstract:

At this time, members of the public may address the board on any items or any issues within the subject matter jurisdiction of the Board that is not listed on this agenda. No action can be taken on an item not on the agenda at this time, but may be referred to the administration or put on a future agenda. Members of the public may also address the Board on an agenda item before or during the Board's consideration of the item. In accordance with Board Bylaw 9323, individual remarks will be limited to 3 minutes each, unless otherwise stipulated.

e. Report of Action Taken in Closed Session (Procedural Item)
5. STUDENT BOARD MEMBER REPORT - Shereen Dosanjh, Gilroy High School (Information Item)
6. SUPERINTENDENT'S REPORT - Dr. Deborah Flores (Information Item)
7. CONSENT AGENDA (Procedural Item)
a. Personnel Items (Consent Item)
Attachments:
Personnel Items November 21, 2019
b. Approval of Board Meeting Minutes: November 7, 2019 (Action Item)
Attachments:
Board Meeting Minutes 11/7/19
c. Donations to the District – November 2019 report (Consent Item)
Rationale:
The Board of Education is grateful for donations from the community to the schools of the Gilroy Unified School District. Please find the donation report attached.


 
Financial Impact:
Christopher HS: $13,040
GECA: $650
Gilroy HS: $4,046.58

TOTAL: $17,736.58


Recommended Motion:
Board approval is recommended for this donation report. 
Attachments:
Donations report, 11.21.19 (revised)
d. Overnight/Out of Town Field Trip - Dr. TJ Owens Early College Academy Poetry Out Loud State Finals, Sacramento, CA (Consent Item)
Rationale:

Teacher Ana Benich, will travel with three students to Sacramento, CA to participate in Poetry Out Loud State Finals. They will travel by private car and stay at the Holiday Inn Downtown.

The dates of the overnight/out of town field trip are scheduled for Sunday, March 15, 2020 through Monday, March 16, 2020. One instructional day will be impacted.

 
Financial Impact:

The estimated cost of this field trip is $975. This amount will be covered by site discretionary funds. There is an estimated cost of $325 per student participating in this event.


Recommended Motion:

Board approval is recommended for up to three Dr. TJ Owens students to go to Sacramento, CA.

Attachments:
Overnight GECA Poetry Out Loud
e. Report of Cash Disbursements/Warrants from October 1-31, 2019 (Consent Item)
Rationale:

Warrant Starting

Warrant Ending

Total Cash

County of Santa Clara

83053488

98005879

$4,291,238.98

County of Santa Clara-Canceled Warrants

 

$26,829.00

Total

$4,264,409.98


 
Comments:
Education Code 42631 states, "All payments from the funds of a school district shall be made by written order of the governing board of the district." Education Code 42632 describes that each order shall be signed by a person or persons authorized by the governing board to sign orders in its name. Board Policy 3300, adopted November 20, 2008 states, "The Superintendent or designee may purchase supplies, materials, equipment, and services in accordance with the Board Policy and administrative regulations. Such purchases shall not exceed bid limits as imposed by current law."


Financial Impact:

The cash outflow of $4,264,409.98 is for the period of October 1, 2019, through October 31, 2019.



Recommended Motion:

Board approval is recommended for the report of cash disbursements.

Attachments:
Cash Disbursements October 1 thru October 31, 2019
f. NEW Memorandum of Understanding (MOU) with Differential Response Prevention Pathway Referral Program for the 2019-2020 School Year ($0) (Consent Item)
Comments:

Differential Response (DR) Program is a coordinated partnership between the County of Santa Clara, Department of Family and Children’s Services (DFCS), the Behavioral Health Services Department (BHSD), contracted community-based providers, and the Gilroy Unified School District (GUSD) that responds to reports of children and their families who present risk factors. DFCS and BHSD services focus on identifying the safest, most appropriate, and least restrictive evidence-based interventions to prevent future abuse and/or neglect. Counseling and support services to families in GUSD will be provided at no cost to District or families.






Financial Impact:

No fiscal impact for District.

Recommended Motion:

Approval of Memorandum of Understanding with Differential Response Prevention Pathway Referral Program and the Gilroy Unified School District is recommended.



Attachments:
MOU
g. NEW Contract Agreement with the Smith Group for Personnel and School Business Management Services Audit Support for the South County Gilroy Cal-SOAP Consortium (Consent Item)
Rationale:

The Gilroy Unified School District currently acts as the official fiscal agent for the South County Gilroy Cal-SOAP Consortium, which consists of the Gilroy Unified School District, Morgan Hill Unified School District, San Benito High School, and the Aromas-San Juan Unified School District.  In its role as the fiscal agenda, the District is responsible for assisting the Cal-SOAP Consortium in its business management practices, personnel practices and overall governance and operations. As its role as fiscal agent was established over 15 years ago, and a significant amount of laws impacting both personnel and business practices have been established or modified since then.  The District is seeking professional support from an external auditor to ensure that the District is maintaining updated and appropriate support for the Cal-SOAP Consortium.

 
Financial Impact:

The total cost of this agreement shall not exceed $22,350.

Recommended Motion:

The District staff recommends that the Board of Education approve this item.

Attachments:
Cal-SOAP Management Assistant Review Proposal
Cost Sharing of the Cal-SOAP Audit (rev.)
8. ACTION/INFORMATION ITEMS (Procedural Item)
a. Gilroy Teachers Association (GTA) New Proposals for Negotiations of the Successor Collective Bargaining Agreement with Gilroy Unified School District (Information Item)
Quick Summary / Abstract:

Member of the Gilroy Teachers Association will present this item to the Governing Board.

Comments:

In accordance with the "sunshine" notice requirements of the Educational Employment Relations Act, Government Code Section 3547, and Article 6 of the collective bargaining agreement, the Gilroy Teachers Association (GTA) hereby provides notice that it intends to negotiate the following articles for the 2020-21 school year:

  • Article 3 Employee Rights
  • Article 4 Association Rights
  • Article 9 Professional Dues and Payroll Deductions
  • Article 10 Safety
  • Article 11 Consultation
  • Article 12 Hours and Days of Work
  • Article 13 Summer School
  • Article 14 Evaluations
  • Article 15 Class Size
  • Article 16 Leaves
  • Article 17 Assignments, Change of Assignments, Transfers, and Reassignments
  • Article 19 Willie Brown Act
  • Article 21 Part-Time or Split Assignments
  • Article 23 Salaries
  • Article 24 Professional Advancement and Growth
  • Article 25 Fringe Benefits
  • Article 27 Peer Assistance and Review
  • Article 30 Complaints Against Unit Members
  • Article 33 Term of Agreement

A copy of the Gilroy Teachers Association's initial proposal is attached.

Attachments:
GTA Initial Proposal
b. Resolution # 19/20-12 Schools and Communities First Funding Initiative (Information Item)
Quick Summary / Abstract:

Lindsay Hack, President of Gilroy Teachers Association, will present Resolution #19/20-12 to the Gilroy Unified School District governing board.


Rationale:

The Schools and Communities First Funding Act will close loopholes provided in Prop 13 for commercial properties assessed at antiquated tax rates.  The passage of Schools and Communities First Funding Act will restore $11 billion in additional funding for schools and local governments with $4.5 billion earmarked for K-12 education and community colleges.  The balance will be distributed to local governments for use in public safety, affordable housing, health care services, homeless services, parks, and libraries.  

Prior to the passage of Prop 13 in 1977, California schools were ranked 7th in the nation in per pupil funding.  Following its passage, California's public schools dropped to 14th in the nation and declined swiftly.  Public education never recovered this funding.  The Schools and Communities First Funding Act protects residential and agricultural property, as well as small businesses.  A reform in commercial property tax assessment increases competition for new businesses encouraging residents to stay in California.

When fully implemented, Schools and Communities First Act will increase revenue in Santa Clara County K-12 by more than $219 million annually.  Gilroy Unified schools would receive an additional $15,000-$20,000 of funding per classroom.


 
Attachments:
Legislation - The California Schools and Local Communities Funding Act of 2020
Resolution #19/20-12
Schools & Communities First Agricultural Land FAQ
Schools & Communities First Bay Area Policy Brief
Schools & Communities First FAQ
Schools & Communities First Policy Brief
Schools & Communities First Silicon Valley Prop Tax Brief
Schools & Community First Presentation
c. Student Service Mid-Year Report (Information Item)
Quick Summary / Abstract:

Anna Pulido, Director of Student Services, will present a report to the Board on the Gilroy Unified School District Board of Education on the current status of Student Services Programs.




Comments:

A review will be provided in regards to Special Education and related services targeting the following priorities: staffing, support services, training, communication, and compliance for 2019-2020 school year.



Recommended Motion:

None

Attachments:
Student Services Mid-Year Report
d. Monthly District Cash Flow Update (Information Item)
Quick Summary / Abstract:

Kimberly Smith, Director of Fiscal Services, will present the monthly District Cash Flow to the Governing Board.




Rationale:

October receipts were $6,548,433 and disbursements for the month of October totaled $10,425,040.  Salary and benefits represented 83% of the total disbursements for the month.

The District did not issue a Tax Revenue and Anticipation Note (TRAN) for the Fiscal Year 2019-20.  After reviewing 2018-19 Fiscal Year's Cash Flow,  and the projection for 2019-20, the District will not need a TRAN, and can do internal borrowing, if necessary.  The ending cash balance at the close of October 2019 was approximately $11.3 million.  The cash balance at the close of November 2019 is expected to be approximately $13 million.  




 
Comments:

This is a monthly informational item about the District's cash flow projection for 2019-20. As requested by the Governing Board and Superintendent, staff will provide an update on the District's cash flow. The attached cash flow shows the actual receipts and disbursements for the months of July through October 2019, as well as the projected monthly receipts and monthly disbursements for the remainder of fiscal year 2019-20. 





Financial Impact:

The District has a strong positive cash balance of approximately $11.3 million.




Attachments:
2019-20 Cash Flow Spreadsheet
Monthly Cash Flow Update Presentation
e. Board Policies Revisions (October 2019): First Reading (Discussion Item)
Quick Summary / Abstract:

Updates to Board Policies will be presented for a first reading.

Comments:

Revisions to board policies are submitted to GUSD five times per year as part of CSBA's board policy manual maintenance services. Revisions reflect updates due to new laws or court decisions, changes in law, additions or corrections to language, or for clarification.

Updates have undergone legal review by CSBA's legal counsel. GUSD staff have modified them to reflect local needs, practices, and legal circumstances. District's legal counsel have weighed in on modification as needed.

Recommended Motion:

Board direction is requested regarding the October 2019 Board policies updates. The Board may choose to waive a second reading and approve the policies as submitted.

Attachments:
October 2019-Board Policy Updates
9. ACTION/INFORMATION ITEMS REGARDING FACILITIES AND MAINTENANCE (Procedural Item)
a. Monthly Facilities, Maintenance And Operations Update (Information Item)
Quick Summary / Abstract:

Paul Nadeau, Director of Facilities, and Dan McAuliffe, Maintenance and Operations Manager, will present an update on facilities and maintenance/operations projects.


Rationale:

Measure P was approved by the voters of Gilroy in November of 2008 and Measure E was approved by the voters of Gilroy in November of 2016. In addition, other facilities funds, such as State funds and developer fees, have been received and utilized for facilities improvements. Staff has provided periodic updates regarding proposed projects and projected costs. 

 
Comments:


Financial Impact:

No fiscal impact. 

Recommended Motion:
The fiscal impact of each agenda item is outlined in the related report.



Attachments:
Facilities Maintenance Update for November 2019
b. Ratification of Contract with American Technologies Inc., to Abate and Remove Asbestos Pipe at the Gilroy High School Pool (Action Item)
Quick Summary / Abstract:

Paul Nadeau, Director of Facilities, will present the contract with American Technologies, Inc., to abate and remove asbestos pipe at the Gilroy High School pool.
 



Rationale:

The District has entered into a contract with American Technologies Inc. to abate and remove asbestos wrapped piping from the Gilroy High School Pool replacement project. 



 
Financial Impact:

$10,000 in Measure E funds have been allocated for this project. 

Recommended Motion:

Ratification is recommended this contract with American Technologies Inc. 


Attachments:
American Technologies Inc. Contract
American Technologies Inc. Proposal
GHS Pool Cost Matrix, 11.21.19
c. Ratification of Contract with EnviroScience, Inc., to Test and Document the Abatement of Asbestos Piping at the Gilroy High School Pool (Action Item)
Quick Summary / Abstract:

Paul Nadeau, Director of Facilities, will present the contract with EnviroScience, Inc., to test and document the abatement of asbestos piping at the Gilroy High School pool. 




Rationale:

The District has entered into a contract with EnviroScience Inc. to test and document the abatement of asbestos wrapped pipe on the Gilroy High School pool replacement project. This contract covers the inspection of the abatement process as well as the documentation of the process for project compliance purposes. 



 
Financial Impact:

$4,550 in Measure E funds have been allocated for this project. 



Recommended Motion:

Ratification is recommended for this contract with Enviroscience, Inc. 



Attachments:
EnviroScience Contract
EnviroScience Proposal
GHS Pool Cost Matrix, 11.21.19
d. Approval of Contract with Architectural Systems, Inc. for the Reconfiguration of the Main Entrance Fencing and Gates at South Valley Middle School (Action Item)
Quick Summary / Abstract:

Dan McAuliffe, Maintenance and Operations Manager, will present the contract with Architectural Systems, Inc.

Rationale:

The main entrance to the South Valley Middle School front office is a safety and security concern to the site and staff. A request was made by the site to improve the current entrance configuration similar to what was done at Brownell Middle School with a buzz-in intercom gate to the entrance.


 
Comments:

Architectural Systems, Inc. provided a quote of $20,431 for the reconfigured entrance including the buzz-in intercom camera. The ASI proposal was reviewed by the Facilities Subcommittee on Oct. 31, 2019 with the recommendation to take the proposal to the Board for approval.


Financial Impact:

$20,431 in Routine Restricted Maintenance funds have been allocated for this project.


Recommended Motion:

Board approval is recommended for the contract with Architectural Systems, Inc. 


Attachments:
ASI SVMS Entrance
ASI SVMS Entrance Fence and Gates District Contract
e. Approval of Contract with Architectural Systems, Inc., for the Installation of Gates to the Library Parking Lot at Rod Kelley Elementary School (Action Item)
Quick Summary / Abstract:

Dan McAuliffe, Maintenance and Operations Manager, will present the contract with Architectural Systems, Inc.

Rationale:

The parking lot to the Rod Kelley Elementary School library area has been a problem area for after hours vehicle access, loitering, vandalism and drug and alcohol use. Installation of gates at the parking lot entrance will prevent after-hours vehicle access.


 
Comments:

ASI has installed the typical A-frame type gate at several of our school sites. ASI provided a quote of $8,700 that was reviewed by the Facilities Subcommittee on Oct. 31, 2019. The Facilities Subcommittee made the recommendation to take the proposal to the Board for approval.


Financial Impact:

$8,700 in Routine Restricted Maintenance funds was allocated to this project.


Recommended Motion:

Board approval is recommendated for the contract with Architectural Systems, Inc.


Attachments:
ASI Rod Kelley Gates
ASI Rod Kelley Gates District Contract
f. Ratification of the Cost of Services with Architectural Systems, Inc. for the Installation of Fencing and Gates on the Fields at South Valley Middle School (Action Item)
Quick Summary / Abstract:

Dan McAuliffe, Maintenance and Operations Manager, will present the cost of services with Architectural Systems, Inc.



Rationale:

The South Valley Middle School fields were open at four points of entrance for neighborhood foot traffic to cut through the campus from Forrest Avenue to IOOF Avenue. This left the campus open and unsecured. During a site walk with Superintendent Dr. Deborah Flores and Principal Guillermo Ramos, we developed a solution to add gates and fencing that would allow access through the fields and campus but still secure the site. The Maintenance Department was directed to to install the fencing and gates as soon as possible because of the urgent safety and security concerns to the campus.


 
Comments:

Architectural Systems, Inc. installed the requested gates shortly after the request was made for $29,910.


Financial Impact:

$29,910 in Routine Restricted Maintenance funds were allocated for this project. 
 


Recommended Motion:

Board approval is recommended for the ratification of the cost of services with Architectural Systems, Inc. 

Attachments:
Architectural Systems SVMS Gates and Fencing
ASI SVMS Field Fence and Gates District Contract
g. Approval of Contract with Gary L. Gockel to Replace the Failing Variable Frequency Drive on the Pool Pump at the Christopher High School Competition Pool (Action Item)
Quick Summary / Abstract:

Dan McAuliffe, Maintenance and Operations Manager, will present the contract with Gary L. Gockel.


Rationale:

The VFD (variable frequency drive) on the CHS main pool pump is failing and needs to be replaced. Gary Gockel is the original installer and service provider of energy saving VFD at the CHS and GHS pools. Unfortunately, the VFD at the GHS pool cannot be used as a replacement for the failing unit at CHS.

 
Comments:

Gary L. Gockel provided a quote of $8,412 for the replacement VFD. The VFD replacement proposal was reviewed by the Facilities Subcommittee on Oct. 31, 2019 with the recommendation to take the proposal to the Board for approval.


Financial Impact:

$8,412 in Routine Restricted Maintenance funds have been allocated for this project.


Recommended Motion:

Board approval is recommended for the contract with Gary L. Gockel.


Attachments:
CHS Pool VFD Gary Gockel
Gary Gockel CHS Pool VFD District Contract
h. Approval of Contract with EF&S Concrete, Inc., for the Extension and Rework of the Sidewalk Near the Gym Parking Lot Entrance at Solorsano Middle School (Action Item)
Quick Summary / Abstract:

Dan McAuliffe,  Maintenance and Operations Manager, will present the contract with EF&S Concrete, Inc. 

Rationale:

The main sidewalk along Greenache that students use to access the school needs to be extended. The current sidewalk path is a safety concern and a conflict with pedestrian, bicycle and vehicle traffic. Extending the sidewalk and adding a new crosswalk will solve the current issue. The City of Gilroy traffic engineers recommended this solution while observing traffic at the site.


 
Comments:

EF&S Concrete, Inc. provided a quote of $22,400 for the extension of the sidewalk and additional crosswalk  and ADA ramps. The EF&S proposal was reviewed by the Facilities Subcommittee on Oct. 31, 2019 with the recommendation to take the proposal to the Board for approval. This work is scheduled to be done over the Thanksgiving week while students are out, pending Board approval.





Financial Impact:

$22,400 in Routine Restricted Maintenance funds have been allocated for this project.


Recommended Motion:

Board approval recommended for the contract with EF&S, Concrete, Inc. 

Attachments:
ASMS Sidewalk EF&S District Contract
EF&S Sidewalk extension ASMS
10. BOARD MEMBER REPORTS (Information Item)
11. UPCOMING AND NEW/REFERRAL AGENDA ITEMS (Procedural Item)
Attachments:
December 2019-February 2020 Board Agenda Calendar
12. ANNOUNCEMENTS (Procedural Item)
Quick Summary / Abstract:

The next REGULAR MEETING of the Board of Education will be held on Thursday, December 12, 2019 at 7810 Arroyo Circle, Gilroy. Closed Session will begin at 5:30 p.m., followed by the Annual Reorganization & Regular meeting at 7:00 p.m. The agenda will be available on the district's website by 5:00 p.m., on Friday, December 6th.

a. If necessary, the Board will adjourn to closed session to continue the discussion of items in Section 2 above. (Action Item)
13. ADJOURNMENT (Action Item)

Published: November 15, 2019, 3:33 PM

The resubmit was successful.