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Special Meeting of the Board of Education
Santa Clara USD
February 27, 2018 6:30PM
District Office, Board Room 1889 Lawrence Road, Santa Clara, CA 95051

A. ORGANIZATIONAL ITEMS
Rationale:
  • 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.  
  • In compliance with the American With Disabilities Act, if you need special assistance to access the Board meeting room or to otherwise participate at this meeting, including auxiliary aides or services, please contact  the Superintendent's Office at (408) 423-2006.  Notification at least three (3) days prior to the meeting will enable the District to make reasonable arrangement to ensure accessibility to the Board meeting.
  • Agenda materials distributed less than 72 hours before a Board meeting can be inspected at the Superintendent' Office, 1889 Lawrence Rd., Santa Clara.
  • Be advised that the Board may act upon and discuss any item on the agenda, including items which are not specifically identified as action items, except Items from the Public, Reports from Student Board Representatives, Union Presidents, and Superintendent, and Items from the Board Staff.



 
A.1. Call to Order, 6:30 PM
Minutes:
President Noelani Pearl Hunt called the Special Board meeting to order at 6:31 PM.
A.1.1. Roll Call
A.2. REVIEW AND ACCEPTANCE OF AGENDA ITEMS
Actions:
Motion
Motion to accept the agenda items and to adjourn the meeting tonight in memory of the 17 people who lost their lives in Florida. Board vote: 7 YES, 0 NOES, 0 ABSTAIN, 0 ABSENT, 0 RECUSE. Passed with a motion by Dr. Michele Ryan and a second by Andrew Ratermann.
Vote:
Yes Jim Canova.
Yes Albert Gonzalez.
Yes Noelani Hunt.
Yes Jodi Muirhead.
Yes Andrew Ratermann.
Yes Mark Richardson.
Yes Dr. Michele Ryan.
A.3. ITEMS FROM THE PUBLIC PRIOR TO CLOSED SESSION
Rationale:
Items from the Public must be submitted to the Board President on forms available in the lobby prior to Pledge of Allegiance and immediately following Closed Session. The law does not permit board action on any item not on the agenda. In order to complete the business of the meeting in a timely manner, it is requested that one spokesperson be chosen to speak on behalf of a group. The normal time limit is 2 minutes per spokesperson. The Board may use discretion in differentiating from this time limit.



 
Minutes:
There were no items from the public at this time.
A.4. CLOSED SESSION @ 6:35 PM
Minutes:
President Hunt recessed to Closed Session at 6:32 PM.
A.4.1. Conference with Labor Negotiator(s) pursuant to Govt. Code section 54957.6 Agency designated representative(s): Stan Rose, Superintendent Unrepresented employee: Chief Business Official Confidential agenda item.
A.5. RESUME OPEN SESSION @ 7:00 pm
Minutes:
President Hunt Resumed Open Session at 7:04 PM.
A.5.1. PLEDGE OF ALLEGIANCE
Minutes:
Tom Clifford of Clifford Moss led the Pledge of Allegiance.
A.6. REPORT FROM CLOSED SESSION Govt. Code Section 54957.1
Minutes:
President Hunt reported on Closed Session.
Item 6.1 - Board discussed.
B. PUBLIC COMMENT ON NOTICED AGENDA ITEMS
Rationale:
Items from the Public must be submitted to the Board President on forms available in the lobby prior to Pledge of Allegiance and immediately following Closed Session. The law does not permit board action on any item not on the agenda. In order to complete the business of the meeting in a timely manner, it is requested that one spokesperson be chosen to speak on behalf of a group. The normal time limit is 2 minutes per spokesperson. The Board may use discretion in differentiating from this time limit.



 
Minutes:
Jim VanPernis,Patty Picard, CSEA Chapter 350 President, Lynn Hayes, UTSC Legislative Chairman, and Teresa Hernandez spoke to the Board regarding Action Item C.1.
C. ACTION
C.1. Discussion and Approval of the Placement of a Potential General Obligation Bond on either the June 2018 Election Ballot or the November 2018 Election Ballot.
Rationale:

DATE:                            February 27, 2018

TYPE OF AGENDA ITEM: ACTION           

TO:                                       Board of Trustees

FROM:                Stanley Rose III, Ed. D., Superintendent

PREPARED BY:        Corinne Sanfilippo, Executive Assistant to the Superintendent and Board of Education

SUBJECT:        Discussion and Approval of the Placement of a Potential General Obligation Bond on either the June 2018 Election Ballot or the November 2018 Election Ballot

ADMINISTRATIVE SUMMARY:

Since last year, staff has been working under the assumption that the District will be proposing a general obligation bond measure during 2018.  Our election date options are either the June 5 ballot or the November 6 ballot.

There are many considerations as to the best time for our community to consider a bond measure, and I encourage the Board of Trustees to have another discussion of community considerations that relate to the timing of the proposed general obligation bond measure.  It would be hard to expect our community, operating without the detailed knowledge the Board has, to be fully supportive of a voter initiative if the Board is unable to achieve consensus.  That is the purpose of this item.

In addition to community considerations, there is an important technical consideration that should be included in the discussion.  This has already been discussed with respect to the tracking poll testing a different ballot question than our initial public opinion research.  The reason for the different ballot question was that a new statute passed late last year requiring some additional information be included for measures affecting taxes.

The currently required language can be accurately included for parcel tax measures, but doesn’t really fit what a general obligation measure is, and runs somewhat counter to the purpose and detail of the Tax Rate Statement required for every school district general obligation bond measure which is also included in the voter ballot materials.  Thus, we understand that “fix-it” legislation is being pursued on an urgency basis, which may pass prior to the deadlines related to putting a June bond measure forward.

Because staff thought the Board might be comfortable with a June ballot measure except for concern about the possibility of our ballot question including confusing and misleading information which would fail to reflect our values of integrity and fiscal responsibility, staff has worked closely with legal counsel to develop a process to respond to this concern.

The following process allows for the Board to authorize a June election with a ballot question consistent with current law, but would allow the Superintendent discretion to improve the ballot question in response to the urgency legislation under consideration.  Here’s the proposed process:

  1. Urgency legislation approved prior to March 9 – the ballot question would be improved and the Superintendent would submit an updated Resolution to the County to be on the June ballot;
  2. Urgency legislation approved after March 9 but by March 16 – the ballot question would be improved and the Superintendent would request the County accept a substitute Resolution in place of the already submitted original Resolution to the County;
  3. Urgency legislation not approved by March 16 (or any leeway offered by the County)—on March 22, the Board would be asked to rescind the Resolution that may be approved tonight and delivered to the County by March 9, and thus would not be on the June ballot.

While staff has developed this flexible process, we also understand that the complexity of it may not fit how the Board would like to proceed.

The purpose of this agenda item is for the Board of Trustees to review the pros and cons of placing a General Obligation Bond on the June 2018 Election Ballot or wait and place it on the November 2018 Election Ballot.  Attached to this item are the results from the recent polling provided by True North Research.  The Board has a difficult decision to make, and as expressed by our consultants, there is no “right answer.” 

At this point, we have the best information we can have regarding a June measure.  Were we to wait until November, of course, more current public opinion research might be desired, and the Board would need to act by early August to notify the County that we wish to be on the November ballot.

Should the Board determine that a November election date is preferred, because there would be more time for community engagement prior to the election, the Superintendent recommends the Board direct staff to create and implement an informational campaign with a budget up to $500,000 to reach the community concerning the successes and needs of our district.



 
Minutes:
Tom Clifford of Clifford Moss, and Lori Raineri of Government Financial Strategies answered questions from the Board members and was available with information to help the Board with their decision.

Recommended Motion:

Superintendent recommends consideration of the timing of a 2018 general obligation bond measure on (a) June 5, 2018 or on (b) November 6, 2018.  If a November general obligation bond election is selected, it is further recommended that the Board provide a budget of $500,000 to conduct an informational campaign and prepare all documents necessary for the November election in a timely manner.



Actions:
Motion
Motion to prepare for a potential General Obligation Bond for the November 2018 election and approve the recommended $500,000 for the community outreach. Roll call vote: 7 YES (Canova, Gonzalez, Hunt, Muirhead, Ratermann, Richardson, Ryan), 0 NOES, 0 ABSTAIN, 0 ABSENT, 0 RECUSE. Passed with a motion by Jodi Muirhead and a second by Andrew Ratermann.
Vote:
Yes Jim Canova.
Yes Albert Gonzalez.
Yes Noelani Hunt.
Yes Jodi Muirhead.
Yes Andrew Ratermann.
Yes Mark Richardson.
Yes Dr. Michele Ryan.
Financial Impact:

Potential fiscal impact of $500,000 to the General Fund



C.2. Review and Approval of a Potential General Obligation Bond Election by Way of Board Resolution No. 18-05 with Exhibits.
Speaker:
Addison Covert
Rationale:

DATE:                                    February 27, 2018                                           

ITEM TYPE:                           ACTION

TO:                                        Stanley Rose III, Ed.D., Superintendent

FROM:                                  Mark Allgire, Chief Business Official

SUBJECT:                             Review and Approval of a Potential General Obligation Bond Election by Way of Board Resolution No. 18-05 with Exhibits.

ADMINISTRATIVE SUMMARY:

PURPOSE:

                The purpose of this agenda item is for the Board to review and approve a resolution necessary to call a General Obligation Bond election to be held on June 5, 2018. 

               

BACKGROUND:

Resolution No. 18-05 is presented for Board review and approval.  This Resolution along with Exhibits is required for the Board to call a General Obligation Bond election on June 5, 2018.  A draft of this Resolution was presented for review and discussion at the
February 8, 2018 meeting. 

Over the last 21 years, District voters have successfully passed four prior bond measures.  Effective just this calendar year, the requirements for the 75-word ballot question were changed in a way that has caused confusion, and it appears these new requirements were inadvertently applied to bond measures rather than just parcel tax measures.  There’s a “fix-it” being worked on in Sacramento, which may possibly pass as urgency legislation.  If this occurs prior to the March 9 deadline for submission of the Resolution to the County to allow for the District’s measure to be included on the June Ballot (or if an urgency measure passes in time for the County to accept a substitute resolution), it is recommended that the Resolution be modified by the Superintendent for clarity (with language similar to past measures) and that any such changes be submitted to the Board for ratification at the earliest opportunity following March 9.  Consistent with this approach, Resolution No. 18-05 includes at paragraph 15, a delegation of authority to the Superintendent authorizing the Superintendent to draft modifications to the Resolution in keeping with its intent and purpose.


In addition to Resolution 18-05, attached hereto is an example of what we believe the ballot statement might look like, based on our current understanding of the “fix it” legislation, to replace the current Exhibit A and B ballot statement in the resolution.


                Addison Covert of Parker & Covert will be available to answer questions.




 
Recommended Motion:

Staff recommends approval of Board Resolution No. 18-05.


Actions:
Motion
Motion to table the potential General Obligation Bond Election by way of Board Resolution #18-05. Roll Call vote: 7 YES (Canova, Gonzalez, Hunt, Muirhead, Ratermann, Richardson, Ryan), 0 NOES, 0 ABSTAIN, 0 ABSENT, 0 RECUSE. Passed with a motion by Andrew Ratermann and a second by Albert Gonzalez.
Vote:
Yes Jim Canova.
Yes Albert Gonzalez.
Yes Noelani Hunt.
Yes Jodi Muirhead.
Yes Andrew Ratermann.
Yes Mark Richardson.
Yes Dr. Michele Ryan.
Attachments:
RESOLUTION #18-05 ORDERING A SCHOOL BOND ELECTION
D. PLANNING
D.1. Resolution #18-06, Calling for Full And Fair Funding of California's Public Schools
Rationale:

DATE:                      February 27, 2018

TYPE OF AGENDA ITEM: Planning

TO:                    Board of Trustees            

FROM:                              Stanley Rose III Ed.D., Superintendent

PREPARED BY:              Corinne Sanfilippo, Executive Assistant to the Superintendent and Board of Trustees

SUBJECT:                          Resolution #18-06, Calling for Full and Fair Funding of California’s Public Schools


ADMINISTRATIVE SUMMARY:

California ranks 45th nationally in the percentage of taxable income spent on education, 41st in per-pupil funding, 45th in pupil-teacher ratios and 48th in pupil-staff ratios.  K-12 school funding has not substantially increased, on an inflation-adjusted basis for more than a decade. California trails the average of the top 10 states by almost $7,000 in per-pupil funding. If California is to close the achievement gap and create a public school system that offers consistently high levels of education, the State must provide schools with the resources to meet the needs of their specific populations.




 
Minutes:
Board member Gonzalez discussed Resolution #18-06, Calling for Full and Fair funding of California Public Schools. It will be brought back as an action item on the March 8, Board Agenda.

President Hunt Recessed to go back into Closed Session at 7:50 PM.

President Hunt resumed Open Session at 8:48 PM.

President Hunt reported on Closed Session that the Board continued discussion and took no action.
Recommended Motion:

Staff recommends the Board bring Resolution #18-06, Calling for Full and Fair Funding of California’s Public schools to the March 8, 2018 Regular Board meeting for approval . 




Attachments:
Resolution #18-06 Calling for Full and Fair Funding of California's Public Schools
E. FUTURE BOARD MEETINGS
E.1. March 8, 2018, 6:30 PM, Regular Board Meeting, District Office, Board Room
E.2. March 22, 2018, 6:30 PM, Regular Board Meeting, District Office, Board Room
E.3. April 12, 2018, 6:30 PM, Regular Board Meeting, District Office, Board Room
F. ADJOURNMENT
Actions:
Motion
Motion to adjourn the meeting at 8:50 PM in memory of the 17 victims that lost their lives in Florida. Passed with a motion by Dr. Michele Ryan and a second by Albert Gonzalez.
Vote:
Yes Jim Canova.
Yes Albert Gonzalez.
Yes Noelani Hunt.
Yes Jodi Muirhead.
Yes Andrew Ratermann.
Yes Mark Richardson.
Yes Dr. Michele Ryan.
Disability Information:
Persons requiring auxiliary aides, who plan on attending the Board meeting, must notify the District Office 24 hours before the meeting at 408-423-2005.
2/27/2018 6:30:00 PM ( Original )
PresentJim Canova
PresentAlbert Gonzalez
PresentNoelani Hunt
PresentJodi Muirhead
PresentAndrew Ratermann
PresentMark Richardson
PresentDr. Michele Ryan

The resubmit was successful.