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Regular Meeting of the Board of Education
Milpitas USD
June 13, 2017 4:00PM
4 p.m. Closed Session 5 p.m. Budget Study Session 6 p.m. Closed Session 7 p.m. Open Session Milpitas High School Library - Building J3 1285 Escuela Parkway Milpitas, CA 95035

1. CALL MEETING TO ORDER
Minutes:
Board President Daniel Bobay called the meeting to order at 4:03 p.m. Board Member Amin Fazal was absent until 8:42 p.m., due to a work commitment.
2. ROLL CALL
Quick Summary / Abstract:

_____ Dan Bobay
_____ Chris Norwood
_____ Hon Lien
_____ Robert Jung
_____ Amin Fazal
_____ Alan Pham, Student Board Representative



3. REVIEW AND APPROVE THE CLOSED SESSION AGENDA
Quick Summary / Abstract:

The Board may delete items from its posted agenda and may also add items to its posted agenda, pursuant to Govt. Code 54954.2, if such items to be added arise out of “emergency situations”, as defined under Govt. Code Sec. 54956.5.

Motion:_____   Second: _____   Action:______

Actions:
Motion
Passed with a motion by Robert Jung and a second by Hon Lien.
Vote:
Yes Dan Bobay.
Absent Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
4. COMMENTS FROM THE PUBLIC REGARDING THE CLOSED SESSION AGENDA
Quick Summary / Abstract:
Members of the public may address the Board on any subject not on tonight's agenda; however, provisions of the Brown Act (Government Code 54954.2(a) and .3) preclude any action. As an unagendized item, no response is required from the Board or District staff and not action can be taken; however, the Board may instruct the Superintendent to agendize the item for a future meeting. 

If you would like to address the Board on any item on this agenda, please complete the green Request of Visitors form and hand it to the Communications Specialist. On the form, please list the agenda item(s) you would like to speak to. When your name is called, please come to the podium, state your name and address for the record, and limit your remarks to two minutes for individuals or five minutes for a group.



Minutes:
There were no comments from the public.
5. CLOSED SESSION
Quick Summary / Abstract:

The meeting will adjourn to closed session to discuss and/or to take action on the following items. This part of the agenda is closed to the public. 

CONSIDERATION OF STUDENT EXPULSION (Pursuant to Ed. Code Sec. 48918(c))
-Confidential Report 2017.4
-Confidential Report 2017.3

PERSONNEL (Pursuant to Government Code Section 54957)
-Superintendent's evaluation
-Public employee discipline/dismissal/release
-Public employment:
-Assistant Superintendent, Learning and Development

-CSEA negotiations, reclassification update

-Lead negotiators: Dr. Sheila Murphy-Brewer, Executive Director, Human Relations and Tabitha Kappeler-Hurley, Director, Human Relations






Actions:
Motion
Passed with a motion by Hon Lien and a second by Robert Jung.
Vote:
Yes Dan Bobay.
Absent Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Minutes:
The Board convened to Closed Session at 4:07 p.m.
6. RECONVENE IN OPEN SESSION
Minutes:
The Board reconvened in Open Session at 7:18 p.m.
7. CLOSED SESSION ANNOUNCEMENT
Quick Summary / Abstract:
Report on action(s) taken in Closed Session, if required, pursuant to CA Govt. Code Section 54957.1, including abstentions, if any by Board members present.
Actions:
Motion
Pursuant to Education Code Section 48915, the student listed in Confidential Report 2017.4 is expelled from the Milpitas Unified School District for one calendar year, after which time the student will be reviewed for readmission to the district with the stipulation that that student must pass all classes with a grade B or better for a minimum or six months or a grade C or better for a year. This item was a roll call vote. Passed with a motion by Robert Jung and a second by Chris Norwood.
Vote:
Yes Dan Bobay.
Absent Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Motion
The student listed in Confidential Report 2017.3 will be suspended with the following behavior contract with the following stipulations: student may not participate in any Milpitas Unified School District school sponsored events for two years beginning August 2017 to June 2019. This item was a roll call vote. Passed with a motion by Hon Lien and a second by Robert Jung.
Vote:
Yes Dan Bobay.
Absent Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Minutes:
President Bobay said that in Closed Session, the Board approved the request to terminate the contract for Assistant Superintendent Norma Rodriguez, thereby reinstating her as a regular management employee of the District, effective June 13, 2017. This action is in accordance with the practice of the district to include the positions of assistant superintendent on the management salary schedule and in alignment with the Milpitas Management handbook.

He added that the Board will return to Closed Session after the Consent Agenda since items were left unfinished.

Following the Budget Study Session, Bobay said there were two items discussed on Closed Session that were supposed to be on the Action Item section of the meeting that aren’t. They included Confidential Report 2017.3 as Case No. 2 and Report 2017.4 as Case No. 1.
8. REVIEW AND APPROVE THE OPEN SESSION AGENDA
Quick Summary / Abstract:

Motion:_____   Second: _____   Action:______



Actions:
Motion
Passed with a motion by Robert Jung and a second by Hon Lien.
Vote:
Yes Dan Bobay.
Absent Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
9. COMMENTS FROM THE PUBLIC REGARDING THE STUDY SESSION
Quick Summary / Abstract:
Members of the public may address the Board on any subject not on tonight's agenda; however, provisions of the Brown Act (Government Code 54954.2(a) and .3) preclude any action. As an unagendized item, no response is required from the Board or District staff and not action can be taken; however, the Board may instruct the Superintendent to agendize the item for a future meeting. 

If you would like to address the Board on any item on this agenda, please complete the green Request of Visitors form and hand it to the Communications Specialist. On the form, please list the agenda item(s) you would like to speak to. When your name is called, please come to the podium, state your name and address for the record, and limit your remarks to two minutes for individuals or five minutes for a group.

Minutes:
This item was canceled because the Study Session was moved to a Report instead.
10. 2017-18 BUDGET STUDY SESSION (Assistant Superintendent, Business Services)
Time Certain:
5:00 PM
Quick Summary / Abstract:

The Board of Education will review and discuss staff's proposed budget for the District's 2017-18 fiscal year and will provide input and direction to staff in the development of the final budget document.

Minutes:
The meeting was amended to go to the Superintendent’s Report next and add this as the first report under item 19. Wendy Zhang, Assistant Superintendent of Business Services, gave a presentation about the proposed budget for the District’s 2017-18 fiscal year. During the presentation, Zhang referenced the 81-page 2017-18 proposed budget report. She recommended Board Members read the first nine pages of the document, which outlines the Governor’s 2017-18 proposed state budget overview, district budget assumptions, and multi-year projections, which includes a $4.359 million deficit in 2019-20 (page 9 of the report). Following that portion of the budget report is an enrollment report, with the history and projection, 16-17 and 17-18 income statement – a summarized revenue expenditure and ending fund balance of each fund, multi-year projection worksheets for the general fund, a description of each fund starting with a narrative of the fund followed by the budget report.

“This is a big picture overview of our District’s financial status,” she said.

She said the current fiscal year, 2016-17, will end with a healthy ending fund balance, something that will help operations in the years moving forward. In 2017-18 there will be a balanced budget without using the District’s reserves, and in 2018-19, there are recommendations for budget reductions. 2019-20 depends on the state economy performance, due to the reductions from the previous year in order to have a balanced budget in 2020-21.

In detailing the report, Wendy said staffing is the majority of expenditures for the budget, $91.7 million or 80 percent. Overall, more than 100 positions will be added to payroll from 2012-13 through 2017-18. While our raises are comparable to what others are offering in similar districts throughout the county, because of salary increases year after year, this will cause an eventual growing deficit. Another monetary obligation that will increase the District’s budget is the STRS/PERS pension plans.

Regarding programming, Zhang outlined programs requiring general fund contributions (Special Education, Child Development, and Transportation) and detailed Student Nutrition as another “program to watch.”

Zhang emphasized the District is in a better position that other school districts, but there is still a need to prepare for an eventual economic downturn in coming years. We will need to make reductions in the 2018-19 year to achieve a balanced budget in 2020-21.

After giving her report, Zhang said: “This is the budget we’re asking the Board to adopt.” It will come back to the Board Meeting on June 27 for adoption.

She thanked Linh Le, Director of Business Services, and other staff in her department for making the detailed report happen in such a timely manner with such great collaboration.
Attachments:
Proposed 2017-18 Budget
11. RECONVENE IN CLOSED SESSION
Minutes:
This item was amended to follow the Consent Agenda. The Board reconvened to Closed Session at 10:04 p.m.
12. RECONVENE IN OPEN SESSION
Minutes:
This item was amended to follow the reconvening in Closed Session after the Consent Agenda. The Board reconvened in Open Session at 10:37 p.m.
13. CLOSED SESSION ANNOUNCEMENT
Quick Summary / Abstract:
Report on action(s) taken in Closed Session, if required, pursuant to CA Govt. Code Section 54957.1, including abstentions, if any by Board members present.
Minutes:
This item was amended to follow the reconvening in Closed Session after the Consent Agenda. The Board reconvened in Open Session at 10:37 p.m. There was no Closed Session Announcement.
14. FLAG SALUTE
Minutes:
Board President Bobay led the flag salute.
15. COMMENTS FROM THE PUBLIC REGARDING THE OPEN SESSION AGENDA
Quick Summary / Abstract:
Members of the public may address the Board on any subject not on tonight's agenda; however, provisions of the Brown Act (Government Code 54954.2(a) and .3) preclude any action. As an unagendized item, no response is required from the Board or District staff and not action can be taken; however, the Board may instruct the Superintendent to agendize the item for a future meeting. 

If you would like to address the Board on any item on this agenda, please complete the green Request of Visitors form and hand it to the Communications Specialist. On the form, please list the agenda item(s) you would like to speak to. When your name is called, please come to the podium, state your name and address for the record, and limit your remarks to two minutes for individuals or five minutes for a group.

Minutes:
Suzette Bromagem, MUSD employee in the Student Services and Vice President of CSEA Chapter 281, opened by saying she attends many Board Meetings. She shared her thoughts that while it is nice to have a meeting at other sites, such as the Milpitas High School library that evening, there is a great Board Room set up with capabilities. She noted that the audience was full, even though it was only a quarter of the capacity of the Board Room, which limits public accessibility. “Having a consistent location means that everybody always knows where it is, and I think that’s important,” she said. “No cable access; I understand that there won’t be any televised meeting which then restricts accessibility to the meeting.”

A parent asked for clarification about the Board Meeting. President Bobay walked her through the agenda, what has happened previously and what will follow.
16. BOARD GROUP AGREEMENTS
Quick Summary / Abstract:

Per Board Bylaw 9001, amended on February 28, 2017, Board members and the Superintendent agree to

1. Keep learning and achievement for all students as the primary focus.

2. Ask questions for our own understanding.

3. Be open and honest with each other.

4. No surprises.

5. Be aware that their our behavior in the Milpitas community reflects on us as a team.

6. Communicate proactively with each other about topics, questions, and challenges in open session and in advance of public Board meetings in compliance with the Brown Act.

7. Participate in professional development and commit the time and energy necessary to be an informed and effective leader.




Minutes:
Board Group Agreements are available for Board Member's ready reference.
17. SUPERINTENDENT'S REPORT
Quick Summary / Abstract:

Superintendent Cheryl Jordan will hold special recognitions as part of this evening's report. Board members will be asked to take a photo in front of the dais following each presentation. Tonight's honorees include:

-Student honorees from the Santa Clara County Alliance of Black Educators' 28th Annual Student Recognition Program. The event, which was held April 23 at San Jose State University, is one of the longest running events in the nation organized by a local community organization to recognize African American students.
Minutes:
The Board recognized winners from the Santa Clara County Alliance of Black Educators' 28th Annual Student Recognition Program. The event, which was held April 23 at San Jose State University, is one of the longest running events in the nation organized by a local community organization to recognize African American students. While Ezuma Ble, Jacorey Hudson, Jordan Paran Parham, and S’Ven Morley, formerly eighth graders at Rancho Milpitas Middle School; Nyla Choates, formerly an eighth grader at Thomas Russell Middle School; and Carmelo Rivera and Ondrea Betner, formerly sixth graders at Weller Elementary School were the only ones who could attend the meeting, certificates were mailed to all 24 honorees of the program.

Other student winners and their respective schools and grade levels from this year include: Alexis Hodgson, Joseph Ofagalilo Williams, Kaelina Harris, Karrington Kenney, and Leila Phillips, eighth graders at Thomas Russell Middle School; Dawn Betner, a sixth grader at Rose Elementary School; and Ajene Revell, Amir Usman Davis, Brandy Redic, Cheyanne Hankins, Cyann Anderson, Dakiya Banks, El-Nia Shifa, Hibo Osman, Jesse Njuki, Kareem Bailey, and Reese Turner, seniors from Milpitas High School.

Superintendent Jordan thanked those honored for “being a model for those that they go to school with.”
18. SUPERINTENDENT'S EXECUTIVE CABINET REPORTS
Quick Summary / Abstract:
Members of the Executive Cabinet will have recent significant information to present to the Governing Board on topics that are not on the agenda.  Reports are limited to 3 minutes each.

-Business Services
-Learning and Development
-Human Relations


Minutes:
Wendy Zhang, Assistant Superintendent of Business Services, said that the Summer Meal Program started on June 5. There has been great participation, offering 600 lunches to all community members. She thanked staff for smooth operations in lieu of this service at Rose and Randall elementary schools and Calaveras Hills High School.

Norma Rodriguez, Assistant Superintendent of Learning & Development, was happy to report that all the school plans have been reviewed and will be prepared for the next Board Meeting on June 27.

Before the meeting, Superintendent Cheryl Jordan asked Tabitha Kappeler-Hurley, Director of Human Relations, to attend this portion of the meeting, but she was unable to. In absentia, Superintendent Jordan thanked Kappeler-Hurley for the two years she has served in HR, carrying it with some support from Jordan and outside people the first year and a half and “she’s really been a great addition and asset, and we’ll miss her there. However, we look forward to her being an English teacher at Cal Hills, where I know that she’s really excited about bringing forth some innovation and continuing with the vision that they’re establishing there for our kids to have different pathways.”
19. REPORTS
19.A. Dual Immersion Program Master Plan Review (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

On January 24, the Board approved an agreement with The Association of Two-Way & Dual Language Education (ATDLE) consultant team to provide a series of technical support towards the development of a comprehensive Dual Immersion Master Plan for Board review and approval.

A Task Force comprised of parents and staff has developed the plan outlining the fundamental components for a successful Dual Immersion Program in Milpitas Unified School District.


 
Recommended Motion:

Review the plan, ask questions, and provide feedback.


Financial Impact:

There is no financial impact.




STAFF:

Norma Rodriguez
Assistant Superintendent, Learning & Development

Carlos Salcido
Principal, Randall Elementary School

Minutes:
Norma Rodriguez, Assistant Superintendent of Learning and Development, alongside Randall Principal Carlos Salcido gave a presentation about the MUSD Two-Way Bilingual Immersion Master Plan. On January 24, the Board approved an agreement with The Association of Two-Way & Dual Language Education (ATDLE) consultant team to provide a series of technical support towards the development of a comprehensive Dual Immersion Master Plan for Board review and approval. A Task Force comprised of parents and staff developed the plan outlining the fundamental components for a successful Dual Immersion Program in Milpitas Unified School District.

Because Spanish is syllabic and “regular,” both Rodriguez and Salcido emphasized that the program will allow them to succeed at a higher level.

“It was exciting for us to go through this,” Salcido said. “It’s definitely setting the groundwork for a great program.”

MUSD launched its first dual immersion program at Randall Elementary School in August 2016. It kicked off at the kindergarten grade level and will have more classes added to the program until the entire kindergarten- to sixth-grade school is taught in Spanish and English. Rodriguez emphasized the plan is a “living document” and will be further developed as more grade levels are added.

“We’re no longer a neighborhood school,” Salcido said, stating proudly that Randall is a “school of choice” for students throughout the District. He added that there is a possibility for Randall to become a kindergarten- through eighth-grade campus, noting there is the physical space for this change in the future, which would allow for a more seamless program, rather than working with students through their elementary academia and transitioning them to the middle school level.

“Having a Master Plan is necessary because it creates accountability,” Rodriguez said about the importance of the report.

Salcido said that middle school administration is excited about the work because it will cause elementary students to be better prepared early on for work that is happening at the secondary level.
Attachments:
DI Master Plan Board Mtg Pres
MUSD Two-Way Bilingual Immersion Master Plan
20. ACTION ITEMS
20.A. Conduct a public hearing on the 2017-2018 Local Control and Accountability Plan (LCAP) (Assistant Superintendent, Learning & Development)
Quick Summary / Abstract:

Open the public hearing
     Motion:_____     Second: _____     Action: _____

Close the public hearing
     Motion:_____     Second:_____     Action: _____

Rationale:

BACKGROUND:

The Board will conduct a public hearing on the District 2017-2018 Local Control and Accountability Plan (LCAP) in order to hear feedback and receive input about the plan. Formal adoption will take place June 27, 2017. 



 
Recommended Motion:

Conduct a public hearing.



Actions:
Motion
Open the public hearing. Passed with a motion by Robert Jung and a second by Hon Lien.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Motion
Close the public hearing. Passed with a motion by Chris Norwood and a second by Hon Lien.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Financial Impact:






STAFF:                         

Norma Rodriguez
Assistant Superintendent, Learning and Development

Wendy Zhang
Assistant Superintendent, Business Services



Minutes:
The Board conducted a public hearing on the District’s 2017-18 Local Control and Accountability Plan (LCAP) in order to hear feedback and receive input about the draft plan. The plan and proposed budget can be inspected by the public during the hours of 9 a.m. to 4 p.m. at Milpitas Unified School District Office, Building 200, Room 205 Business Services office, located at 1331 East Calaveras Blvd. in Milpitas. It can also be viewed online, and those who are interested can leave input through the “Feedback Form” on the website.

The LCAP is a three-year plan that must be adopted by July 1, 2014, and updated each year. Formal adoption is scheduled to take place during the June 27 Board Meeting.

Allysson McDonald spoke during the public hearing, opening by saying she receives Superintendent Jordan’s newsletters and tries to stay abreast of what is happening in the District. Until she opened the agenda that day for the meeting, she said she was unaware that this was happening, and stated her feelings that many people probably didn’t know either based on the turnout. She shared her hope that more people would be interested, particularly those involved with the various school site councils about the local accountability piece, and people working on budgeting at the site level.

Board Vice President Norwood asked for clarification about future needs for public hearings. She asked for better publicity around public hearings.

Trustee Fazal noted that it was posted in the newspaper, to which Norwood stated that while there are things that happen protocol-wise that is fairly consistent, she would like more done. Superintendent Jordan said it can be posted more frequently in the Milpitas Post, as it was published for one edition, and put it at the top of the newsletter so people see it more readily available.

Rodriguez highlighted the District’s LCAP website, stating that anyone can visit the page and leave comments on the “Feedback Form” through the June 27 meeting, when it will be adopted.
Attachments:
5.23.17 Local Control Accountability Plan Draft Review Presentation
LCAP Year Tuesday, May 17, 2017
Public Hearing Notice 2017 - Proposed Budget Adoption June 2017-revised
20.B. Conduct a public hearing on the District's General Fund Excess Reserve (Assistant Superintendent, Business Services)
Quick Summary / Abstract:
Open the public hearing
     Motion:_____     Second: _____     Action: _____

Close the public hearing
     Motion:_____     Second:_____     Action: _____


Rationale:

BACKGROUND:

Senate Bill (SB) 858 requires that school districts, beginning with the 2015-16 adopted budget, must identify the minimum reserve level applicable to the District and disclose the amount in excess of the minimum.

For Milpitas Unified, our required minimum reserve is 3% of the total General Fund expenditures. This is projected at $3,473,483. The District must also reserve $871,535 for revolving cash, store inventory, and prepaid accounts. This is recorded as a non-spendable account under the Standard Accounting Code Structure (SACS) reporting. The total projected ending fund balance for 2017-18 is at $6,286,609. The excess reserve is $1,941,591. Based on the District’s current projection, the excess reserve will be spent down by the end of 2018-19. 


 
Recommended Motion:

Conduct a public hearing regarding the District’s General Fund Excess Reserve.

Actions:
Motion
Open the public hearing. Passed with a motion by Robert Jung and a second by Hon Lien.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Motion
Close the public hearing. Passed with a motion by Chris Norwood and a second by Robert Jung.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Financial Impact:

STAFF:

Wendy Zhang
Assistant Superintendent, Business Services


Linh Le
Director, Business Services


Minutes:
Wendy Zhang, Assistant Superintendent of Business Services, said this is the requirement under Senate Bill 858 which requires that requires that school districts, beginning with the 2015-16 adopted budget, must identify the minimum reserve level applicable to the District and disclose the amount in excess of the minimum. In the 2017-18 budget, she said there is about $1.9 million of operational savings that will used in the 2018-19 year. There were no comments during the public hearing.
20.C. Conduct a public hearing on the proposed 2017-18 District Budget (Assistant Superintendent, Business Services)
Quick Summary / Abstract:

Open the public hearing        

Motion:_____     Second: _____     Action:_____

Close the public hearing        
Motion:_____     Second: _____     Action:_____            



Rationale:

BACKGROUND:

The 2017-18 Proposed Budget was presented and discussed during the budget study earlier today. As required by Education Code Section 42103, the governing board of the District will hold a public hearing prior to the final adoption of the 2017-18 Proposed Budget on June 27, 2017.

 
Recommended Motion:
Conduct a public hearing regarding the District’s 2017-18 Proposed Budget.
Actions:
Motion
Open the public hearing. Passed with a motion by Chris Norwood and a second by Robert Jung.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Motion
Close the public hearing. Passed with a motion by Hon Lien and a second by Robert Jung.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Financial Impact:

STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Linh Le
Director, Business Services


Minutes:
Wendy Zhang, Assistant Superintendent of Business Services, said after the Budget Study Session (held as the first report earlier that evening) the public hearing is usually opened in order to hear feedback and receive input. There were no public comments during the hearing. Formal adoption of the budget is scheduled to take place during the June 27 Board Meeting.

In addition, anyone from the public can stop by their office to review the budget before the adoption takes place June 27. The plan and proposed budget can be inspected by the public during the hours of 9 a.m. to 4 p.m. at Milpitas Unified School District Office, Building 200, Room 205 Business Services office, located at 1331 East Calaveras Blvd. in Milpitas.

The Board conducted a public hearing on the proposed 2017-18 District Budget, as required by Education Code Section 42103, in order to hear feedback and receive input.
Attachments:
MUSD Proposed Budget 2017-18
20.D. Approve the Superintendent Contract revisions for Cheryl Jordan (Board President)
Speaker:
Daniel Bobay, President
Quick Summary / Abstract:

Motion:_____ Second:_____ Action:_____

Rationale:

BACKGROUND: 

The employment contract for Superintendent Cheryl Jordan is presented to the Board for its approval and public ratification. The contract term is extended by three (3) years from June 30, 2018 to June 30, 2020. The Board shall review the Superintendent’s performance by June 30 of each year, and the term of the contract may be extended by one (1) year each year thereafter providing the Superintendent earns a satisfactory evaluation by the Board. The Superintendent shall receive the same compensation increases that were approved on May 9, 2017 for the Milpitas Management Association, as well as the Milpitas Teachers Association, and Classified Employees Association, Chapter 281:

  • Two percent (2%) retroactive to July 1, 2016  [$4319]
  • One-time, off salary payment equal to one percent (1%) of the Superintendent’s salary prior to application of the two percent (2%) increase [$2,159]
  • $100 per month increase in the cap for the District’s share of medical benefits as described in the Milpitas Management Association Handbook

With the 2% increase, the Superintendent’s salary becomes $220,248 effective July 1, 2016, and may be increased at the same rate as that of other managers in future years.

 
Recommended Motion:

Approve the Superintendent Contract revisions for Cheryl Jordan.



Actions:
Motion

Approve the Superintendent Contract revisions for Cheryl Jordan.



Passed with a motion by Robert Jung and a second by Amin Fazal.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Financial Impact:
$6,478

Minutes:
Board President Daniel Bobay stated that this item falls under subsection 10 to Section IIIB of the Brown Act. He explained this means the amendment must be ratified in public at the meeting, and included in the minutes. Additionally, prior to taking final action he orally reported the summary of the recommendation and interpreted that as reading the entire text of the amendment, less the stricken text, into the record. After that, he called for a motion and second, then requested a roll call vote.

Bobay added these protocols are new to the Brown Act, and encouraged Trustees to acquaint themselves with the changes in order to comply now and in the future.

The amendment changes Superintendent Jordan’s contract from one and a half years to “three years commencing July 1, 2017 and ending June 30, 2020, unless terminated earlier or extended as provided by the terms of this contract and/or as required by law,” the contract states. In addition, the revisions allow the Superintendent to receive the same compensation increase to that of the Milpitas Management Association, Milpitas Teachers Association, and California School Employees Association.
Attachments:
5.9.17 Board Agenda with MMA Compensation under Action Items Exhibit A
First Amendment to Superintendent Cheryl Jordan Contract
20.E. Adopt Resolution 2017.35 endorsing the establishment of the Seal of Biliteracy (Assistant Superintendent, Learning & Development)
Quick Summary / Abstract:

Motion:_____ Second:_____ Action:_____

Rationale:

BACKGROUND:

The Seal of Biliteracy Resolution seeks to promote and provide recognition to the development and attainment of literacy in two or more languages. Additionally, through the establishment of this Seal of Biliteracy, the district seeks to:

  • Encourage pupils to develop biliteracy skills
  • Provide employers with a method of identifying people with language and biliteracy skills
  • Revitalize and promote foreign language instruction in our schools
  • Encourage the development of two way bilingual programs, and world language programs in schools
  • Recognize and honor our rich and diverse language assets

This resolution is in alignment with our Local Control and Accountability Plan (LCAP) Goal 1 Action 5. 

 
Recommended Motion:
Adopt Resolution 2017.35 endorsing the establishment of the Seal of Biliteracy.


Actions:
Motion
Adopt Resolution 2017.35 endorsing the establishment of the Seal of Biliteracy.


Passed with a motion by Chris Norwood and a second by Robert Jung.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Financial Impact:

There is no financial impact.




STAFF:                                           

Norma Rodriguez
Assistant Superintendent, Learning and Development                             

Venus Cenizal
Coordinator, Learning and Development

Minutes:
Norma Rodriguez, Assistant Superintendent of Learning and Development, said because the District has a Dual Immersion School, as reported during a report earlier in the event, the District is required to have the following two resolutions coming forth to the Board for the program. She said Venus Cenizal, Coordinator of Learning and Development, has been behind the work since last year, bringing awareness and involving the DELACs, parents, and others behind these two resolutions. She attended the meeting if any questions arose.

In recognition of the important contributions mastering two or more languages contributes to a student’s cognitive development, the Board adopted a resolution endorsing the establishment of the State Seal of Biliteracy. Board Vice President Chris Norwood read the resolution into record.
Attachments:
Resolution 2017.35 Seal of Biliteracy
20.F. Adopt Resolution 2017.34 endorsing the establishment of Pathways to Biliteracy (Assistant Superintendent, Learning & Development)
Quick Summary / Abstract:

Motion:_____ Second:_____ Action:_____

Rationale:

BACKGROUND:

The Pathways to Biliteracy Resolution seeks to promote and provide recognition to the development and attainment of literacy in two or more languages.  Additionally, through the establishment  of the Pathways to Biliteracy, the District seeks to:

  • Encourage pupils to develop biliteracy skills
  • Provide employers with a method of identifying people with language and biliteracy skills
  • Revitalize and promote foreign language instruction in our schools
  • Encourage the development of two way bilingual programs, and world language programs in schools
  • Recognize and honor our rich and diverse language assets                                 

This resolution is in alignment with Local Control and Accountability Plan (LCAP) Goal 1, Action 5.

 
Recommended Motion:
Adopt Resolution #2017.34, Pathways to Biliteracy

Actions:
Motion
Adopt Resolution #2017.34, Pathways to Biliteracy

Passed with a motion by Robert Jung and a second by Hon Lien.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Financial Impact:

Cost for ribbons and certificates: $200




STAFF:                                  

Norma Rodriguez
Assistant Superintendent, Learning and Development                            

Venus Cenizal
Coordinator, Learning and Development


Minutes:
In recognition of promoting the development of literacy in two or more languages at the elementary and middle school grade level, the Board adopted a resolution endorsing the establishment of Pathways to Biliteracy. Trustee Robert Jung read the resolution into record.
Attachments:
Resolution 2017.34 Pathways to Biliteracy
20.G. Adopt Resolution 2017.36 to approve the 2017-18 Education Protection Account Spending Plan (Assistant Superintendent, Business Services)
Quick Summary / Abstract:

Motion: _____  Second: _____  Action: _____


Rationale:

BACKGROUND:

The Education Protection Account (EPA) provides local educational agencies (LEAs) with general purpose state aid funding pursuant to Proposition 30, The Schools and Local Public Safety Protection Act of 2012, approved by the voters on November 6, 2012. The EPA funding is a component of an LEA's total LCFF entitlement as calculated in the Principal Apportionment. On November 8, 2016, voters approved Proposition 55, the extension of the Proposition 30.

Pursuant to Article XIII, Section 36 of the California Constitution, school districts EPA requirements are:

  1. Open an EPA for spending and reporting expenditures directly supporting instructional programs. Administrative salaries and any other administrative costs are not permitted. Since classroom teacher salaries directly support instructional programs, staff will utilize EPA for this purpose.  


  2. Board approves the EPA spending determinations in an open session of a public meeting annually.

     

  3. Post annually on its website an accounting of how much money was received from EPA and how that money was spent.
 
Recommended Motion:

Adopt Resolution 2017.36 to approve the 2017-18 Education Protection Account Spending Plan.



Actions:
Motion

Adopt Resolution 2017.36 to approve the 2017-18 Education Protection Account Spending Plan.



Passed with a motion by Chris Norwood and a second by Robert Jung.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Financial Impact:

There is no financial impact.




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Linh Le
Director, Business Services


Minutes:
Wendy Zhang, Assistant Superintendent of Business Services, said this EPA is part of the Local Control Funding Formula funding. This EPA only allows the District to spend expenditures on classroom-related expenses, not administrative salaries. The District is required as part of the 2017-18 budget adoption to publicly adopt a resolution about how the EPA will be spent. The Board waived the reading of the resolution, because the Board Meeting was getting late.
Attachments:
2016-17 Education Protection Account Budget
Resolution of MUSD Regarding the Education Protection Account 2017-18
20.H. Award Delgado Electric, Inc. for Bid Package #5, Electrical & Low Voltage, at Mabel Mattos Elementary School (Assistant Superintendent, Business Services)
Quick Summary / Abstract:

Motion:_____ Second:_____ Action:_____

Rationale:

BACKGROUND: 

On behalf of the District, Blach Construction obtained bids for electrical and low voltage for Mabel Mattos Elementary School. The District received three bids ranging from $2,185,000 (Delgado Electric, Inc.) to $2,725,443 (Best Electric, Inc.). Blach conducted a post bid interview with Delgado Electric, Inc. to assure the bid was complete and meets all of the District’s contract requirements.

Staff will need to meet with the City with the expectation they will pay for approximately $500,000 for work related to the joint-use areas. The net cost to the District will be $1,685,000, which is approximately $885,000 over budget. The team is evaluating options to reduce the scope of work which could be credited back to the District in the form of a deductive change order.

Attached is the bid tabulation and contract for your review.



 
Recommended Motion:

Award Delgado Electric, Inc. for the electrical & low voltage bid package #5 at Mabel Mattos Elementary School.




Actions:
Motion

Award Delgado Electric, Inc. for the electrical & low voltage bid package #5 at Mabel Mattos Elementary School.




Passed with a motion by Robert Jung and a second by Hon Lien.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Financial Impact:

$2,185,000 from Fund 250, Developer Fees



STAFF:

Wendy Zhang
Assistant Superintendent, Business Services
 

Joe Flatley
Director, Facilities and Modernization




Minutes:
Wendy Zhang, Assistant Superintendent of Business Services, said this is the contract for the electrical work at the new elementary school. She said the lowest bid is $2.1 million from Delgado Electric. In addition, staff plans to meet with the City to pay for a portion of the costs related to joint-use areas. She added because they don’t want to delay the construction of the new school, this contract was brought to the Board for approval. The overage of the budget will either come from the Developer Fee, RDA, or Building Fund. Joe Flatley, Director of Facilities and Modernization, was on hand to answer questions.

Board President Bobay said, “I think most of us understand that a lot of these projects that we bid as part of the bond, now three or four years later, they are going up in value.”
Attachments:
Delgado Electric Contract
Electrical Bid Tabulation
20.I. Award Strawn Construction, Inc.’s contract as general contractor at Milpitas High School’s Girls Athletics and Storage (Assistant Superintendent, Business Services)
Quick Summary / Abstract:
Motion:_____ Second:_____ Action:_____
Rationale:

BACKGROUND: 

On behalf of the district, Kitchell, the construction manager, received three bids for a general contractor for Milpitas High School’s Girls Athletics project. Bids ranged from $499,324 (Strawn Construction, Inc.) to $793,800 (Cal Pacific Construction). Kitchell conducted a post bid interview with Strawn Construction, Inc. to assure the bid was complete and meets all of the District’s contract requirements.

Attached is the contract and bid tabulation for your review. 



 
Recommended Motion:
Award Strawn Construction, Inc. as the general contractor at Milpitas High School Girls Athletics project. 

Actions:
Motion
Award Strawn Construction, Inc. as the general contractor at Milpitas High School Girls Athletics project. 

Passed with a motion by Chris Norwood and a second by Amin Fazal.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
Financial Impact:

$499,324 from Bond 211




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Joe Flatley
Director, Facilities and Modernization



Minutes:
Wendy Zhang, Assistant Superintendent of Business Services, mentioned that this is a project that also went over budget, quite a big. Originally it was estimated at a half-million dollars, which was budgeted in the bond fund. Because it went over by $300,000, it made the total project cost close to $800k. She added staff spent a lot of time looking at different options, such as changing the scope of work, however it didn’t end up saving a lot of money. They didn’t want to wait another year, causing an escalation in rates further. She added the District can apply for the eRate refund to cover for the overage.

Board Vice President Chris Norwood thanked staff for making this important projects happening for the students.
Attachments:
MHS Locker Room Agreement
MHS Locker Room Bid Tab
21. CONSENT ITEMS
Quick Summary / Abstract:
Consent items are considered routine and will be acted upon by the Board in one motion.  There is no discussion on these items prior to the motion unless members of the Board, staff, or public request that specific items be tabled, or removed for discussion or correction.

    Motion:______     Second:_____     Action:_____



Actions:
Motion
Approve all Consent Items. Passed with a motion by Robert Jung and a second by Chris Norwood.
Vote:
Yes Dan Bobay.
Yes Amin Fazal.
Yes Robert Jung.
Yes Hon Lien.
Yes Chris Norwood.
21.A. Adopt the minutes of the April 18, 2017, May 9, 2017, and May 23, 2017 Regular Board Meetings (Superintendent's Office)
Recommended Motion:
Adopt the minutes of the April 18, 2017, May 9, 2017, and May 23, 2017 Regular Board Meetings.
Attachments:
UNADOPTED_4.18.17 Regular Board Meeting minutes
UNADOPTED_5.23.17 Regular Board Meeting minutes
UNADOPTED_5.9.17 Regular Board Meeting minutes
21.B. Approve the Personnel Report of June 13, 2017 (Superintendent/Human Relations)
Attachments:
Personnel Report 6.13.17
21.C. Approve the Purchase Order Report of June 13, 2017 (Assistant Superintendent, Business Services)
Attachments:
6.13.17 Purchase Order Report
21.D. Designate Milpitas High School Principal Francis Rojas and Athletic Director Jeff Lamb as the District's 2017-18 league representatives in the California Interscholastic Federation (Superintendent)
Rationale:
BACKGROUND:

Annually, the Board of Education must approve the appointment of an individual or individuals to the California Interscholastic Federation as the District’s league representatives.  League representatives from both public and private schools must be officially designated by their school district’s governing board in order to be eligible to serve on the section and the state governing bodies.
 
Recommended Motion:

Designate Milpitas High School Principal Francis Rojas and Athletic Director Jeff Lamb as the District's representatives to leagues in the California Interscholastic Federation in the 2017-18 school year.

Financial Impact:

There is no financial impact. 




STAFF:

Cheryl Jordan
Superintendent

21.E. Approve the Agreement for Professional Services with the law firm Dannis Woliver Kelly from July 1, 2017 through June 30, 2018 (Superintendent/Human Relations)
Rationale:

BACKGROUND:

This item is for the renewal of an agreement between the law firm Dannis Woliver  Kelley (DWK) and Milpitas Unified School District to provide professional legal services from July 1, 2017 through June 30, 2018. The District or DWK may terminate this agreement by giving thirty (30) days written notice of termination to the other party.

Dannis Woliver Kelly has not raised their rate ranges for this year. They have consolidated and standardized hourly rates and ranges across the firm. Rates for individual attorneys may vary within the ranges depending on level of experience and qualifications and nature of the legal services provided.




 
Recommended Motion:

Review and approve the attached Agreement for Professional Services with the law firm Dannis Woliver Kelly from July 1, 2017 through June 30, 2018. 



Financial Impact:

Rate range:
Gregory J. Dannis                                                           $350 per hour
Shareholders/special counsel                             $225 - $310 per hour
Associates                                                           $185 - $225 per hour
Paralegals/law clerks                                          $120 - $140 per hour




STAFF:

Cheryl Jordan
Superintendent

Sheila Murphy-Brewer
Executive Director, Human Relations


Attachments:
Dannis Woliver Kelley Agreement for Professional Services
21.F. Approve the Agreement for Legal Services with the law firm Fagen Friedman & Fulfrost LLP from July 1, 2017 through June 30, 2018 (Superintendent/Human Relations)
Rationale:

BACKGROUND:

The law firm of Fagen Friedman & Fulfrost LLP will provide legal services to the Milpitas Unified School District from July 1, 2017 through June 30, 2018.



 
Recommended Motion:

Review and approve the attached Agreement for Legal Services with the law firm Fagen Friedman & Fulfrost LLP from July 1, 2017 through June 30, 2018.




Financial Impact:

Rate Range beginning July 1, 2017 through June 30, 2018           
Associate                                                                $215 - $245 per hour
Partner                                                                    $275 - $310 per hour
Of-Counsel                                                             $310 per hour
Paralegal/Law Clerk                                               $135 - $165 per hour
Paralegal/Law Clerk (Bar Admitted Outside CA)    $205 per hour
Education Consultant                                             $185 per hour
Communication Services Consultant                     $245 per hour




STAFF:

Cheryl Jordan
Superintendent

Sheila Murphy-Brewer
Executive Director, Human Relations




Attachments:
Fagen Friedman & Fulfrost LLP Agreement for Legal Services
21.G. Approve the California School Boards Association Manual Maintenance Service Agreement for Board Policy maintenance and online agendas (Superintendent/Human Relations)
Rationale:

BACKGROUND:

The California School Boards Association (CSBA) will maintain a current digital or electronic copy of the District Manual and will host it on http://www.gamutonline.net, CSBA’s web-based policy hosting platform, to the Milpitas Unified School District from July 1, 2017 through June 30, 2018.


 
Recommended Motion:

Approve continuance of CSBA services for Board policy maintenance and online agendas.




Financial Impact:

Manual Maintenance Plus $3,765.00
Gamut Online                    $3,405.00
Total                                  $7,170.00




STAFF:

Cheryl Jordan
Superintendent

Sheila Murphy-Brewer
Executive Director, Human Relations





Attachments:
CSBA Manual Maintenance Service Agreement for 2017-2018
21.H. Approve the agreement between University of Southern California and MUSD to establish a partnership (Superintendent/Human Relations)
Quick Summary / Abstract:

 

Rationale:

BACKGROUND:

University of Southern California wishes to establish a partnership with Milpitas Unified School District to host teacher candidates as Observation Students, Research Students, and/or Student Teachers. To become a partner, an agreement is required.

Human Relations shall facilitate opportunities for Observation Students and Research Students to observe school/district students, and/or Student Teachers to teach well-planned lessons mediated by Guiding Teachers.

The agreement would be in effect as follows: From the date of District’s signature through June 30, 2020.






 
Recommended Motion:

Approve the agreement between the University of Southern California and Milpitas Unified School District to establish a partnership which will host teacher candidates as Observation Students, Research Students, and/or Student Teachers.


Financial Impact:

There is no financial impact.




STAFF:

Sheila Murphy-Brewer
Executive Director, Human Relations

Tabitha Kappeler-Hurley
Director, Human Relations



Attachments:
University of Southern California (USC) Agreement
21.I. Approve the proposal from State Roofing Systems Inc. for roof and ventilation curb repair at Rancho Milpitas Middle School (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND: 

Roofing on Rancho Milpitas Middle School’s Building 100 and 400 need repair. On Building 100, the ventilation curbs are leaking. Building 400 has dry rot from water damage. There is danger that staff could fall through when working on the roof. The Maintenance, Operations, and Transportation Department worked with Tremco, a roofing company, to create the scope and solicit informal bids. We received three bids which ranged from $45,841 (State Roofing Systems Inc) to $70,560 (Waterproofing Associates).



 
Recommended Motion:

Approve the proposal from State Roofing Systems Inc. for roof and ventilation curb repair at Rancho Milpitas Middle School.




Financial Impact:

$45,841 from the Deferred Maintenance Fund.




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services
 

Brian Shreve
Director, Maintenance, Operations, and Transportation



Attachments:
Rancho Roof Proposal
21.J. Approve the contracts for nonpublic school Pacific Autism Center for Education (PACE) (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

PACE School serves students ages 6-22 that live with moderate to severe autism, with a specific emphasis on non-verbal students and those with especially challenging behaviors and communication disorders. The student attending PACE recently moved into Milpitas Unified School District's boundaries. When this occurs, Individualized Education Program (IEP) teams have the responsibility to provide comparable services to what the student was receiving in their previous district.

Based on a review of this student’s IEP, it has been determined that this level of service is necessary and appropriate for the student at this time. The annual SELPA Master Contract will be approved along with the Individual Service Agreements (ISA). PACE submitted two ISA’s, one from March 29, 2017 to May 12, 2017 and an adjusted ISA beginning May 12, 2017 and ending June 30, 2017.

 
Recommended Motion:

Approve the contracts between Milpitas Unified School District and nonpublic school, Pacific Autism Center for Education (PACE)



Financial Impact:

The cost for the 2016-17 school year shall not exceed $13,464.70.




STAFF:

Norma Rodriguez
Assistant Superintendent, Learning and Development

Carla Crenshaw
Director, Student Services

Attachments:
ISA PACE.Pham 3.29 to 5.12.2017 - for Agenda
ISA PACE.Pham 5.12 to 6.30.2017 - for Agenda
SELPA Master Contract - PACE March-June
21.K. Approve the Grant Award Notification for the Career Technical Education Incentive Grant (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

Milpitas Unified School District has received a Grant Award Notification (GAN) from the California Department of Education for the Career Technical Education Incentive Grant (CTEIG) in the amount of $571,259.00 over a three-year period. This award agreement begins July 1, 2016 and remains in effect until June 30, 2019.  

CTEIG funds are designed to enable pupils to transition to post-secondary educational programs that lead to a career pathway or attain employment upon graduation from high school. 

 
Recommended Motion:

Approve the Grant Award Notification (GAN) for the Career Technical Education Incentive Grant (CTEIG) in the amount of $571,259.00.


Financial Impact:

Grant award: $571,259.00




STAFF:

Norma Rodriguez
Assistant Superintendent, Learning and Development

Gregory Barnes
Director of Secondary Education, Learning and Development

Andrea Hutchison
California Partnership Academies, CTE Lead



Attachments:
CTE Incentive Grant GAN 7-1-2016 to 6-30-2019
21.L. Approve Furman & Associates, Inc.’s proposal as the Inspector of Record for Mabel Mattos Elementary School (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND: 

The Division of State Architect (DSA) requires that the District enter into contract with a project Inspector of Record (IOR) for Mabel Mattos Elementary. For a project of this size and complexity, we are required to work with an inspector trained for large new construction projects, or Class 1 IOR.

We have worked with Furman & Associates on our larger projects and he has proven to work well with our builders and DSA. In addition, our Construction Managers and architects have provided us with positive feedback for this firm. We asked Furman & Associates, Inc. to provide a proposal. The District and our consultants have reviewed the proposal and both feel it is fair and reasonable.

Attached is the proposal for your review.





 
Recommended Motion:
Approve Furman & Associates, Inc.’s proposal for inspector of record services at Mabel Mattos Elementary.

Financial Impact:

$192,280 from Fund 250, Developer Fees




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Joe Flatley
Director, Facilities and Modernization

Attachments:
Furman Proposal
21.M. Approve the Smith-Emery San Francisco agreement for special testing and inspection services at Mabel Mattos Elementary School (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND: 

The Division of the State Architect requires special testing and inspection services for most construction projects. This project requires inspection of the structural steel, welding, various fastening methods, and more. Smith-Emery SF has provided excellent services for both the District and our consultant team in the past. The district’s construction manager, Blach Construction, has reviewed the proposal and communicated to us that the proposed services are fair and reasonable.

Attached is the proposal from Smith-Emery SF.


 
Recommended Motion:
Approve the Smith-Emery San Francisco agreement for testing and inspection services at Mabel Mattos Elementary.


Financial Impact:

$57,962 from Fund 250, Developer Fees



STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Joe Flatley
Director, Facilities and Modernization



Attachments:
Smith Emery Proposal
21.N. Approve Kaz & Associates' proposal for environmental service at Mabel Mattos Elementary School (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND: 

Kaz & Associates Environmental Service has submitted a Storm Water Pollution Prevention Plan (SWPPP) consultant proposal to assure compliance with the State Water Resources Control Board
construction requirements. A SWPPP identifies all potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges from the construction site. Kaz & Associates staff will be performing compliance oversight during the entire course of construction. The District has asked its construction manager, Blach Construction, to review the proposal and provide feedback. Blach has reported that they feel the proposal is fair and reasonable.

Attached is the proposal for your review. 





 
Recommended Motion:

Approve the proposal from Kaz & Associates as consultants for the Storm Water Pollution Prevention Plan (SWPPP) at Mabel Mattos Elementary School. 





Financial Impact:
$24,800 from Fund 250, Developer Fees




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Joe Flatley
Director, Facilities and Modernization







Comments:


Attachments:
Kaz & Associates Proposal
21.O. Award Bailey Fence Company, Inc. for Fencing, Gates and Signage, Bid Package #7 at Mabel Mattos Elementary School (Assistant Superintendent, Business Services)
Rationale:

On behalf of the District, Blach Construction obtained bids for fencing gates & signage for Mabel Mattos elementary school. The District received two bids: $235,000 (Bailey Fence Company, Inc.) and $242,648 (AAA Fence). Blach conducted a post bid interview with Bailey Fence Company, Inc. to confirm that the bid is complete and meets all of the District’s contract requirements.

Attached is the bid tabulation and contract for your review.

 
Recommended Motion:

Award Bailey Fence Company, Inc. for fence, gates, and signage bid package #7 at Mabel Mattos Elementary School.



Financial Impact:

$235,000 from Bond 250




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services
 

Joe Flatley
Director, Facilities and Modernization




Attachments:
Bailey Fence Contract
Fencing Bid Tabulation
21.P. Approve Cornerstone Earth Group’s proposal for geotechnical observation at Mabel Mattos Elementary School (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND: 

The native soil on the project site contains naturally occurring asbestos (NOA) and special care must be taken during construction when handling the soil. The NOA exists in the soil approximately five feet under the surface and will be disturbed while the project’s grading and foundation work is being performed. A special inspector must be present to ensure the soil is properly handled. We have asked our consultant, Cornerstone Earth Group, to provide a proposal for this oversight. They are familiar with the project site because they helped prepare our Environmental Impact Report. They also have a good track record in providing services to us on other bond projects. We have asked our construction manager to review their proposal and they have reported that they feel the proposed services are fair and reasonable.

 
Recommended Motion:
Approve the proposal from Cornerstone Earth Group to perform geological and geotechnical investigations at Mabel Mattos Elementary.

Financial Impact:

$106,200 from Fund 250, Developer Fees




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Joe Flatley
Director, Facilities and Modernization



Attachments:
Cornerstone Proposal
21.Q. Approve offering MUSD parents the option of purchasing student accident insurance from Pacific Educators Insurance Services for the 2017-18 school year (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND:

Each year the Business Office reviews various student accident insurance plans available to parents. The plan that provides the widest range of benefits at the lowest premium rate is recommended. After reviewing all plans, we are recommending Pacific Educators Insurance Services.

Premium rates for 2017-18 are equal to or better than the other plans reviewed and have not changed from 2016-17. Student premium rates for 2017-18 are:

 

Standard- Option

High- Option

24-Hour Coverage

 

 

Grade P-8

$75

$161

Grade 9-12

$92

$192

At-School Coverage

 

 

Grade P-8

$11

$25

Grade 9-12

$24

$54

Football Coverage

 

 

Grade 9

$36

$80

Grade 10-12

$84

$177

Extended Dental Option

$6 pay all reasonable & customary expenses w/$250 maximum for dental prosthesis


Maximum Benefit:   24-Hour        $50,000 per injury

At School      $50,000 per injury

Football        $25,000 per injury


It is advised that the District is not selling or purchasing student accident insurance, but is only providing a screening service and providing information so that parents have the opportunity to purchase optional student accident insurance to meet the needs of their family.


 
Recommended Motion:

Offer parents the option to purchase student accident insurance with Pacific Educators Insurance Services for the 2017-18 school year.

Financial Impact:

STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

21.R. Approve the Fiscal Budget and Management Information Services Agreement with School Services of California for the 2017-18 fiscal year (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND:

Each year the District contracts with School Services of California for assistance regarding issues of school finance, legislation, school budgeting, general fiscal issues, and state-mandated cost claims processes for the period of one year, beginning July 1, 2017 and terminating June 30, 2018. The following agreement for the 2017-18 fiscal year requires the Board’s approval.


 
Recommended Motion:

Approve the Fiscal Budget and Management Information Services Agreement with School Services of California for the 2017-18 fiscal year.

Financial Impact:

Fiscal Budget Annual Consulting Services: $3,660 annually, plus expenses.




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services


Attachments:
School Services of California Contract
21.S. Approve the agreement with KNN Financial Advisory Services associated with the General Obligation bond planning (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND:

The District has worked with KNN Financial Advisory Services since 2012 on items related to the General Obligation (GO) bond. We would like to continue with their service.

KNN will provide financial advisory and planning related services during the General Obligation Bond planning process to the District.

The scope of services include:

  • Development of overall financing plan
  • Evaluate funding sources
  • Communication with key stakeholders
  • Developing policies & standards

 
Recommended Motion:

Approve the agreement with KNN Financial Advisory Services associated with the general obligation bond planning.

Financial Impact:

A flat fee of $15,000, with a cap of $3,000 on reimbursable expenses from fund 010.




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Attachments:
KNN Bond Planning Contract
21.T. Approve the Superintendent’s Authority to Execute Contracts during 2017 Summer Months (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND: 

Due to the summer time constraints, staff recommends the Board to authorize the Superintendent to execute contracts and change orders per BP 3312. The contracts will be brought to the Board for ratification later.

The delegation of authority will be for the duration of the following 2017 summer projects:

  • MHS Girls’ Athletics
  • New Elementary Construction
 
Recommended Motion:

Delegate the Superintendent to execute and amend contracts and change orders for the summer projects.




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Joe Flatley
Director, Facilities and Modernization


21.U. Approve the agreement for outdoor science camp with Exploring New Horizons for Pomeroy Elementary School students (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND: 

Each year, elementary sites schedule overnight field trips for sixth graders to attend an outdoor science camp.  Board approval is required.  Attached is the agreement for Pomeroy Elementary School.

Exploring New Horizons will be conducted at Sempervirens Camp in Boulder Creek on October 23-27, 2017.  Approximately 100 students, 3 teachers and 10 counselors will attend. It is $330 per student.


 
Recommended Motion:

Approve the agreement for outdoor science camp with Exploring New Horizons for Pomeroy Elementary School students.


Financial Impact:

General Fund, Principal’s Fundraiser - $33,000




STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Kelly Ng
Purchasing/Contracts/Bond Budget Manager



Attachments:
Exploring New Horizons Pomeroy
21.V. Approve the TORSH TALENT Memorandum of Understanding for the 2017-18 school year (Assistant Superintendent, Learning & Development)
Rationale:

BACKGROUND:

Milpitas Unified School District is purchasing an online professional development platform that will provide Learning & Development with access to TORSH TALENT, a video-based online learning community and data platform which allow observation, feedback, measurement of effectiveness and coaching for the benefit of the New Teacher Induction Program.

The attached MOU details the Software Subscription Agreement



 
Recommended Motion:

Approve the TORSH TALENT MOU for 2017-2018 for the purchase of 40 user licenses at an amount not to exceed $4,800.


Financial Impact:

The cost will be based on an annual service fee of $4,800. The annual Service fee was based on 40 users by $120/user/year. The per user rate applied was based on a 20% switching discount to TORSH’s standard Premium Client per user rate of $150/user/year.




STAFF:

Norma Rodriguez
Assistant Superintendent, Learning and Development

Raquel Kusunoki
Director of Elementary Education, Learning and Development




Attachments:
Torsh Milpitas SaaS Agreement
21.W. Approve the recommendation to reinstate schedule 31-4 for Certificated Assistant Superintendents on the Milpitas Management Salary Schedule (Superintendent)
Speaker:
Cheryl Jordan, Superintendent
Rationale:

BACKGROUND: 

In August 2016, the schedule line 31-4 for Certificated Assistant Superintendents (Human Relations and Learning & Development) was removed from the management salary schedule. Staff wishes to reinstate salary schedule 31-4 for the certificated assistant superintendent positions, which is commiserate with that of the Classified Assistant Superintendent, Business Services. The revised salary schedule is attached for review and approval. 



 
Recommended Motion:

Approve the recommendation to reinstate schedule 31-4 for Certificated Assistant Superintendents on the Milpitas Management Salary Schedule.

Financial Impact:

There is no financial impact.




STAFF:

Cheryl Jordan
Superintendent

Attachments:
2016-17 Certificated Management Salary Schedule Draft
2016-17 Classified Management 5.9.17
21.X. Approve the list of obsolete equipment (Assistant Superintendent, Business Services)
Rationale:

BACKGROUND: 

Attached is a list of items which have been identified by sites and departments as non-operable, stolen, broken, damaged, or beyond repair. In addition, elementary science classrooms will be receiving new bond furniture this summer. The old furniture will become obsolete.

            Total Items to Obsolete:  102

            Total Dollar Amount to Obsolete:  $121,499


 
Recommended Motion:

Classify the attached list of items as obsolete.



Financial Impact:





STAFF:

Wendy Zhang
Assistant Superintendent, Business Services

Kelly Ng
Purchasing/Contracts/Bond Budget Manager


Staff:

Kelly Ng, Purchasing/Contracts/Bond Budget Manager

Wendy Zhang, Assistant Superintendent, Business ServicWen


Attachments:
Obsolete Inventory
22. BOARD COMMUNICATIONS/REQUESTS
Quick Summary / Abstract:
This part of the agenda provides School Board members the opportunity to report on their activities as elected representatives.  School Board members may request the placement of items in future Board agenda, relay information from the community, or request information from staff.  The student Board representative reports on school and student activities.
Minutes:
Student Board Representative Alan Pham gave his report before the Board reconvened in Closed Session. He said the next Board Meeting on June 27 will be the last one he will attends in his role as Student Board Representative. He added that he plans to attend a math tutoring program this summer, noting Vice President Norwood has been a part of it, by training the tutors and getting ready for the upcoming session.

There were no reports from Board Members, since the meeting ran so late.
23. DATES OF FUTURE BOARD MEETINGS
Quick Summary / Abstract:

June 27, 2017 - Closed Session: 6 p.m. Open Session: 7 p.m.
Regular Board Meeting - 1331 East Calaveras Blvd., Board Room, Bldg. 500

August 22, 2017 - Closed Session: 6 p.m. Open Session: 7 p.m.
Regular Board Meeting - 1331 East Calaveras Blvd., Board Room, Bldg. 500

September 12, 2017 - Closed Session: 6 p.m. Open Session: 7 p.m.
Regular Board Meeting - 1331 East Calaveras Blvd., Board Room, Bldg. 500

September 26, 2017 - Closed Session: 6 p.m. Open Session: 7 p.m.
Regular Board Meeting - 1331 East Calaveras Blvd., Board Room, Bldg. 500










24. ANNOUNCEMENTS/REMINDERS
Minutes:
This portion of the meeting was eliminated because the meeting ran late.
25. ADJOURNMENT
Minutes:
The Board Meeting adjourned at 10:38 p.m.
Disability Information:
Individuals who require special accommodation should contact the Superintendent’s Office at (408) 635-2600 ext 6013 at least two business days before the meeting date. All disclosable public records related to an agenda item for discussion in open session of a regular meeting of the Board of Education and distributed to all or majority of the Board members less than 72 hours prior to that meeting, shall be made available for public inspection at the same time the writing is distributed to all or majority of the Board members. Any such writings will be made available for public inspection during business hours in the Superintendent’s Office Bldg. 100, 1331 East Calaveras Blvd., between 8:00 a.m. and 5:00 p.m. Barring technical difficulties, such writings will also be posted on the District’s web site at www.musd.org.
6/13/2017 4:03:00 PM ( Original )
PresentDan Bobay
AbsentAmin Fazal
PresentRobert Jung
PresentHon Lien
PresentChris Norwood
6/13/2017 8:42:00 PM
PresentAmin Fazal

The resubmit was successful.