Board of Education Regular Meeting
Gilroy USD
November 19, 2020 7:00PM
Via Zoom Teleconference Closed Session 5:30 PM | Regular Session 7:00 PM

1. CALL TO ORDER (Procedural Item)
Quick Summary / Abstract:

 In compliance with the State of California Executive Orders N-29-20 and N-35-20 issued by Governor Newsom, Board Members, interested parties, and members of the public will be able to call or sign into the meeting.


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Meeting ID: 817 7360 9573
 Passcode: 766486


Public Comments – Members of the public may submit comments on specific items on the agenda, and any items within the jurisdiction of the school district in the following manner: via google forms / Please submit your comment no later than 6:30 PM on the day of the meeting. Comments may not exceed three (3) minutes.

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 (5:30 PM) (Procedural Item)
a. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957[b]) (Action Item)Confidential agenda item.
Quick Summary / Abstract:

b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION [Government Code Section 54957(b)] (Procedural Item)Confidential agenda item.
Quick Summary / Abstract:
  • Superintendent
c. CONFERENCE WITH LEGAL COUNSEL–ANTICIPATED LITIGATION (Government Code section § 54956.9(d)(2)): (Procedural Item)Confidential agenda item.
d. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9): (Procedural Item)Confidential agenda item.
e. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957[a]) (Discussion Item)Confidential agenda item.
Quick Summary / Abstract:
Employee Organization(s):
California School Employees Association (CSEA)
Gilroy Federation of Paraeducators (GFP)
Gilroy Teachers Association (GTA)
GUSD Management and Confidential Group
District Negotiator: Deborah Flores, Superintendent
3. 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 (Procedural Item)
b. Approval of Agenda (Action Item)
c. 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 are 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.

d. Report of Action Taken in Closed Session (Procedural Item)
4. STUDENT BOARD MEMBER REPORT - Gabriel Kong - Dr. TJ Owens, Gilroy Early College Academy (Information Item)
5. SUPERINTENDENT'S REPORT - Dr. Deborah Flores (Information Item)
6. CONSENT AGENDA (Procedural Item)
a. Personnel Items (Consent Item)
Recommended Motion:
Board approval is recommended of the attached personnel items.
Personnel Items November 19, 2020
b. Approval of Board Meeting Minutes: November 5, 2020 (Action Item)
November 5, 2020 Board Meeting Minutes
c. Donations to the District – November 2020 Report (Consent Item)

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: $300
El Roble ES: $5,025

TOTAL: $5,325

Recommended Motion:
Board approval is recommended for this donation report. 
Donations report, November 2020
d. Declaration of Surplus or Obsolete Equipment – November 2020 (Consent Item)

Periodically, school sites or departments have equipment that must be declared surplus or obsolete. Education Code 60501 requires that a Governing Board determine when that equipment is obsolete pursuant to the rules, regulations and procedures of public meetings of the School District Governing Board.

Please see attached declaration forms from these sites/departments. These units have reached their end of life cycle and replacement units have already been deployed.

  • Rod Kelley ES
Financial Impact:
No financial impact.
Recommended Motion:
Board approval is recommended for these obsolete/surplus items.

Surplus, November 2020: Rod Kelley ES
e. Report of Cash Disbursements/Warrants from October 1-31, 2020 (Consent Item)

Warrant Starting

Warrant Ending

Total Cash

County of Santa Clara


  98021106 $4,282,327.48

County of Santa Clara-Canceled Warrants

  83055312 83056800 $46,172.53



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 $4,236,154.95 is for the period of October 1, 2020, through October 31, 2020.
Cash Disbursements October 1 thru October 31, 2020
f. Updated Transportation Safety Plan per California Education Code 39831.3 (Consent Item)

The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils. The plan shall be revised as required. The plan shall address all of the following:

(1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code.

(2) (A) Procedures for all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, to follow as they board and exit the appropriate school bus at each pupil’s school bus stop.

(B) Nothing in this paragraph requires a county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity, to use the services of an onboard schoolbus monitor, in addition to the driver, to carry out the purposes of this paragraph.

(3) Boarding and exiting a school bus at a school or other trip destination.

(4) Procedures to ensure that a pupil is not left unattended on a school bus, school pupil activity bus, or youth bus.

(5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus.

(b) A current copy of a plan prepared pursuant to subdivision (a) shall be retained by each school subject to the plan and made available upon request to an officer of the Department of the California Highway Patrol.

The Transportation Safety Plan has been updated to the most current procedures and rules and includes an addendum for COVID guidelines.
Transportation Safety Plan, October 2020
g. NEW Service Agreement with Strategies for Learning, Inc. for the 2020-2021 School Year (not to exceed $19,320) (Consent Item)

This service agreement is required to provide tutoring services per a settlement agreement approved by the board at the October 17, 2019 meeting. 

Financial Impact:
The total Service Agreement amount is not to exceed $19,320.
Recommended Motion:
Approval of the Service Agreement with Strategies for Learning, Inc. and the Gilroy Unified School District is recommended.
Rate Sheet
Service Agreement
a. Approve Tentative Agreement Between the California School Employees Association (CSEA) and the Gilroy Unified School District for the 2019-2020 School Year. (Action Item)
Quick Summary / Abstract:
Paul Winslow, Assistant Superintendent, Human Resources, will introduce the item for Board action.
The California School Employees Association (CSEA) and the Gilroy Unified School District have agreed to a Tentative Agreement. CSEA President Linda Figone has certified that CSEA has ratified the agreement.
Financial Impact:
The fiscal impact of the agreement is estimated at approximately $9,000 per year in additional reimbursement costs for protective clothing – i.e. the purchase of steel-toed footwear required for certain classifications.
Recommended Motion:
Board approval is recommended of the Tentative Agreement Between the California School Employees Association (CSEA) and the Gilroy Unified School District for the 2019-2020 School Year.
Agreement Between GUSD and CSEA, October 27, 2020
b. Monthly District Cash Flow Update – November 2020 (Information Item)
Quick Summary / Abstract:

Kimberly Smith, Director of Fiscal Services, will present the monthly district cash flow update to the Governing Board.


October receipts were $7,608,065 and disbursements for the month of October totaled $9,725,249.  Salary and benefits represented 86% of the total disbursements for the month.  The ending cash balance at the close of October 2020 was approximately $33.2 million.  The cash balance at the close of November 2020 is expected to be approximately $35.1 million.  

The District has issued a Tax Revenue and Anticipation Note (TRAN) for the Fiscal Year 2020-21.  The TRAN proceeds were deposited in the month of August in the amount of $5,000,000.00.    

The repayment dates for the $5,000,000.00 are as follows:

50% in January, 2021

50% in April, 2021

This is a monthly informational item about the District's cash flow projection for 2020-21. 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 2020, as well as the projected monthly receipts and monthly disbursements for the remainder of fiscal year 2020-21. 
Financial Impact:
The District has a strong positive cash balance of approximately $33.2 million.
Monthly Cash Flow Presentation
Monthly Cash Flow Spreadsheet
c. Annual Developer Fee Report for 2019-2020 (Information Item)
Quick Summary / Abstract:
Anna O'Connor, Fiscal Services Controller, will present the Annual Developer Fee Report to the Governing Board.

SB50, which became law on November 4, 1998, upon the passage of Proposition 1A, provided school districts with the authority to impose three different levels of fees on residential development.  Commercial and industrial development projects are subject to Level 1 fees.

Level 1 fees as authorized by Government Code Section 65995 authorizes school districts to collect fees on future development of no more than $4.08 (K-12) per square foot for residential construction and $0.66 (K-12) for commercial/industrial construction.  Level 1 fees are adjusted every two years according to the inflation rate for Class B construction as determined by the State Allocation Board (SAB).  Government Code Section 66001 requires that a reasonable relationship exist between the amount and use of the fees and the development on which the fees are to be charged.  Level 1 fees increased with SAB action on January 22, 2020.

Level 2 fees were established by SB50 under Government Code Section 65995.5.  For a school district to impose Level 2 fees, a School Facilities Needs Analysis must be prepared in accordance with Government Code Section 65995.6.  The school district must also meet two out of four statutory requirements set forth in Government Code Section 65995.5(b)(3) and have received State Allocation Board approval on an eligibility application that meets the eligibility requirements for new construction funding.

Note:  GUSD does not meet the State Eligibility Requirements set forth by Section 65995.5(b)(1), which are required to impose Level 2 fees.

Level 3 fees are intended to represent 100% of the new construction projects and are essentially double the Level 2 fees.  To qualify for Level 3 fees, a school district must qualify for Level 2 fees, and, there must be a lack of State funds for new construction projects, and the State Allocation Board must determine that State funds are not available for new construction projects.  Under Government Code Section 65995.7, "State funds are not available if the State Allocation Board is no longer approving apportionments for new construction pursuant to Article 5 (commencing with Section 17072.20) of Chapter 12.5 of Part 10 of the Education Code due to a lack of funds available for new construction."


The total Developer Fees collected in 2019-2020 were $944,748.  The interest earned in the fund was $53,966.  Table A on the attached, summarizes expenditures totaling $1,829,345.  The Annual Debit Service on the 2008 Facility Projects financed by the Certificate of Participation (COP) of $1,764,600, accounted for most of the expenditures.

The Summary of Capital Facilities Fund shows the 2020-2021 Budget for Developer Fees.  Total revenues are estimated to be $700,000.  Total fees collected as of November 6, 2020 are $392,345.  The total expenditures for the fund are projected to be $1,771,032.  The ending balance is anticipated to be $1,370,425 at the end of 2020-2021.

Recommended Motion:
Accept the 2019-2020 Annual Developer Fee Report.
Annual Developer Fee Report 2019.2020
d. Board Policies Revisions (October 2020): First Reading (Discussion Item)
Quick Summary / Abstract:
Updates to Board Policies will be presented for a first reading.

Revisions to board policies are submitted to GUSD five times per year as part of CSBA's board policy manual 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. The GUSD staff have modified them to reflect local needs to practices, and legal circumstances. The District's legal counsel has weighed in on modifications as needed.

Recommended Motion:
The Board's direction is requested regarding the July 2020 Board policies updates. The Board may choose to waive a second reading and approve the policies as submitted.
October Board Policy Revisions
a. South Valley Middle School Modernization Project: Schematic Design Update from Aedis Architects (Information Item)
Quick Summary / Abstract:

Aedis Architects will present the current development of the South Valley Middle School Modernization Project.

Aedis would like to keep the Board updated on the design of the South Valley Middle School Modernization project and will present the current schematic design. 
Financial Impact:
$90 million Measure E funds have been allocated to this project. 
Recommended Motion:
This is an information-only item.
Presentation: Aedis Architects schematic designs for South Valley MS
b. Facilities and Maintenance Monthly Update – November 2020 (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.

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. 

Financial Impact:
No fiscal impact.
Facilities and Maintenance Monthly Update, November 2020
c. Approval of Contract with Colbi Technologies, Inc., for Quality Bidders Service (not to exceed $18,000) (Action Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will present the contract with Colbi Technologies, Inc., for its Quality Bidders service.    
Quality Bidders will provide the District with a public works-approved and compliant bidding solution that will enable the District to qualify all CUPPCCA and general contractors on an annual basis. It will provide the Facilities and Maintenance departments with a bidding platform that has historically been a manual process. This solution is utilized by many peers state-wide and 23 of our local peers. 
Financial Impact:
$18,000 Measure E Funds have been allocated to this service as well as $16,000 for each year subsequent year the service is used. 
Recommended Motion:

Board approval is recommended for the contract with Colbi Technologies, Inc., for its Quality Bidders service. 

1. Contract: Colbi Technologies for Quality Bidders
2. Proposal: Colbi Technologies, Inc., for Quality Bidders
3. Quality Bidders software services agreement
d. Approval of Contract with QoVo Solutions for Camera Installations at District Pools (not to exceed $37,829.60) (Action Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will present the contract with QoVo Solutions, Inc., for camera installations at District swimming pool areas.  

Unknown parties have regularly broken into both pools in the District during non-business hours for recreational purposes.

The District intends to monitor any and all movement in these areas during the non-business hours to assist in discouraging this dangerous behavior. This proposal would install cameras focused on the entry points at each pool. The cameras will be able to identify an intrusion within seconds and notify authorities of the break-ins. Immediate action can be taken to rectify the situation. 


QoVo Solutions has been consulted with for the installation of cameras at these locations as it is the reseller of the current District standard hardware.  

It should be noted that the difference in price for each campus does not reflect any difference in coverage, but reflects each environment and installation. Gilroy High School's campus requires a much more straightforward installation whereas Christopher High School is a much more complex installation because of the pool environment. 

Financial Impact:

$37,829.60 Measure E funds have been allocated for this purchase and installation. $13,318.64 is Gilroy High School pool. $24,510.96 is Christopher High School pool. 

Recommended Motion:
Board approval is recommended for the purchase of these cameras. 
1. Contract: With QoVo Solutions for pool cameras
2. Quote: Qovo for Gilroy HS
3. Quote: QoVo for Christopher HS
4. Gilroy HS Pool Cost Matrix 11.19.2020 BOE
e. Approval of the Purchase for Owner-Furnished Items for the Brownell Middle School Modernization Project (not to exceed $5,422.12) (Action Item)
Quick Summary / Abstract:
Paul Nadeau, Director of Facilities, will present the items required for the purchase of the Brownell Middle School Modernization Project.

Part of the Brownell Middle School Modernization project requires that the District furnish the campus with its own operational items. As it becomes prudent within the project, items will be presented to the Board for purchase to furnish the school with for its daily operations. 

At this time, the District wishes to purchase: shelving for the custodial closets, a refrigerator for the health office to store ice packs and medications, a recovery bed for the health office and trash can liners for the recently purchased trash receptacles. 

Financial Impact:
$5,422.12 Measure E funds have been allocated for these purchases. 
Recommended Motion:
Board approval is recommended for the purchase of these items. 
1. Quotes: Owner-furnished items for BMS, 11.19.20
2. BMS Cost Matrix 11.19.2020 BOE
9. BOARD MEMBER REPORTS (Information Item)
Board Agenda Calendar November 19-December 2020
11. ANNOUNCEMENTS (Procedural Item)
Quick Summary / Abstract:

The next REGULAR MEETING of the Board of Education will be held on Thursday, December 17, 2020 via Teleconference. Closed Session will begin at 5:30 p.m., followed by the 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 11th.

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

Published: November 13, 2020, 12:26 PM

The resubmit was successful.