In response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which temporarily suspends provisions of the Brown Act relating to public meetings. As such, Elk Grove Unified School District Board members will be conducting this open session board meeting via Zoom video/teleconferencing.

Zoom Online Meeting Platform

Zoom is an online meeting platform that will be used by the Elk Grove Unified School District Board of Education during the current State social distancing and shelter at home order. Those who wish to view the meeting will need an internet connection and device. Zoom is compatible with Windows and Apple computers, along with iPhones, iPads, Chromebooks and Android devices. The device must have working speakers to hear the meeting.

Please note:  If Zoom is not currently installed on a computer or device, Zoom will ask to download a small app to the computer or device. Please accept the install to continue to the Zoom meeting. Zoom will only need to install the app the first time a computer or device is used with Zoom. Mobile device users can install the Zoom app prior to a meeting by visiting their app store. ZOOM Cloud Meetings is the name of the app.

Agency designated representatives: Christopher R. Hoffman,
David Reilly, Robert Pierce, Karen Rezendes

Employee Organizations: All Elk Grove Unified School District
Bargaining Units and Unrepresented Employees 

On July 7, 1997, the Board of Education of the Elk Grove Unified School District approved recommendations of the Civic Values and Ethics Education Action Team.  Those recommendations included the observation of Character Education Month. 

The State Board of Education has designated October 2020 as Character Education Month.

Character education is a learning process that enables students and adults to understand, care about, and act on core ethical values for self and others.

Through passage of a resolution affirming Character Education Month, the Board of Education would support the recommendations of the Civic Values and Ethics Education Action Team.  Furthermore, the designation of Character Education Month supports our Elk Grove Unified School District Core Values.

The Board of Education is requested to approve Resolution No.16, 2020-2021 which proclaims the period from October 2 through October 30, 2020, as the United Way Campaign.

The United Way is an organization dedicated to public service in the fields of education, health, rehabilitation, family, youth and aged counseling, legal aid, and emergency assistance.

The Board is requested to approve the attached resolution which proclaims the period of time between October 2 and October 30, 2020, as the United Way Campaign for the Elk Grove Unified School District.

Public Comment on Items on the Agenda or Not on the Agenda

NOTICE:   If you wish to address the Board, an electronic speaker card must be submitted with written comments prior to 4:30 p.m. on September 15, 2020.  Comments submitted on the designated speaker cards in the Google Document application through the following Link will be read to the Board by a staff member during the September 15, 2020 Board meeting. Public Comment Form

Please be sure to complete the Google electronic speaker card indicating whether the matter you wish to address is on the agenda or not on the agenda. The total amount of time allocated to present electronic speakers cards to the Board will be limited to a maximum of three (3) minutes, with a total of thirty (30) minutes designated for public comment on an item. Time limitations are at the discretion of the President of the Board of Trustees.  The meeting is recorded on video and audio. 

The Zoom meeting will be recorded (video and audio) and will be made available on the Elk Grove Unified School District’s YouTube channel at www.youtube.com/user/elkgroveunified

All items listed on the consent agenda will be acted upon by one motion, without discussion. Should any item need to be considered separately, that item will be pulled for discussion/action.

The Political Reform Act requires every local government agency to review its Conflict of Interest code biennially.  Each agency must submit to the County Board of Supervisors a notice indicating whether or not an amendment is necessary. 

Staff  has reviewed the Bylaw and determined that no amendment is necessary.  The Conflict of Interest Code and List of Designated Positions has been updated to reflect a new position, revised titles of existing positions and a deletion of a position that no longer exists.

The Board is requested to approve the attached list of personnel changes as indicated in the actions below.

CERTIFICATED:

New Hire(s) [13]

Leave(s) of Absence

Promotion(s)

Rehire(s)

Resignation(s)

Retirement(s)

CLASSIFIED:

New Hire(s) [3]

Resignation(s)

Retirement(s)

Return from Reemployment List

Approve Warrant Register No. 2 – Warrant Numbers 073951-074714, 409530-410083.

All Funds:  August 1, 2020 through August 31, 2020

Education Code 42632 requires that all payments from the funds of a school district shall be made by written order of the governing board of the district.

It is also required that district orders (warrants) must be numbered and include the following per Education Code 42634:

• The particular fund or funds of the district against which it is drawn
• The amount of payment to be made
• An itemized bill showing separate items and the price of each item (this information is retained in Fiscal Services)
• The rate of salary and the period of service of any employee of the district for whom an order is issued for payment of salary or wages (this information is retained in the Payroll office)

The Board is asked to approve Warrant Register No. 2 – Warrant Numbers 073951-074714, 409530-410083.

See attached report for Warrant Register No. 2 expenditures.

Total expenditures for all funds from August 1, 2020 through August 31, 2020 are $61,845,252.48.

Under current Board Policy 3312 “contracts under the bid limits can be approved by the Designated Personnel, subject to Board ratification.  Amendments to contracts, including construction contract change orders both under and over bid limits, may be approved by the Designated Personnel, subject to Board ratification.”  Staff recommends that the Board ratify the contracts on the attached sheet, which are under the bid limit of $95,200 and have been approved by authorized district staff.

Copies of the contracts are on file with Finance & School Support should you wish to review them in detail.

On July 10, 2020 and July 17, 2020, the District released a Request for Qualifications and sealed general conditions cost proposals to perform pre-construction and LLB construction services for the Building Envelope Remediation at Various Sites project. 

This project entails destructive testing and analysis of the extent of delamination of applied thin brick   materials and the repair/replacement of those and any underlying substrate materials which have also been affected. The project consists of the following four (4) sites:

1.  John Ehrhardt Elementary School     3.  Prairie Elementary School

     8900 Old Creek Drive                             5251 Valley Hi Drive                                    

     Elk Grove CA 95758                               Sacramento CA 95823

2.  Arlene Hein Elementary School        4.  Joseph Sims Elementary School

     6820 Bellaterra Drive                             3033 Buckminster Drive

     Elk Grove CA 95757                              Elk Grove CA 95758

On August 14, 2020, the District received two (2) responsive qualifications.

Contractors submitted Statement of Qualifications and sealed proposals that will form the basis of negotiations for a GMP in an LLB agreement.  District staff reviewed and scored the proposals to determine the contractors’ ability to deliver the project on time and to assure the best value to the District would be achieved.  Based upon the results, S+B James Construction was determined to be the contractor who would provide the best value to the District for the Building Envelope Remediation at Various Sites project.  With the Board’s authorization, administration seeks authorization to negotiate a GMP with S+B James Construction and to enter into an LLB agreement to complete the Building Envelope Remediation at Various Sites project.

Upon completion of the GMP, Administration will present to the Board for review and acceptance of the GMP with S+B James Construction.

Funded with Measure M funds and/or Fund 49.

The Board of Education is asked to (1) review the tabulation of bids, (2) award a contract to the lowest responsible and responsive bidder, (3) authorize the Administration to sign all documents and contracts pertaining to this work, and (4) authorize the Administration to proceed with the next lowest responsible bidder should a fully endorsed contract with the low bidder, accompanied by certification of the necessary bonds, not be obtained.

This project involves building renovation including, but not limited to:  finishes, wall assemblies (including doors), electrical and interior lighting systems, suspended acoustical ceilings, hardware and all associated work required to complete the project at Room 111, Robert L. Trigg Education Center, located at 9510 Elk Grove-Florin Road, Elk Grove CA 95624.

The Administration received and opened six (6) bids on August 20, 2020, at 2:00 p.m. Amstar Construction Services, Inc. submitted the lowest base bid (see Attachment A for tabulation of bids). 

Funded with Fund 49 and/or Fund 25.

The Board of Education is asked to (1) approve Change Order No. 3 with F&H Construction, Inc., and (2) authorize a District Representative to sign the approved change order. 

On June 25, 2019, the Board of Education awarded a contract to F&H Construction, Inc., for the James Rutter Middle School, New Science Center project.  Change Order No. 3 consists of three (3) items.  The complete change order with backup is on file in the Facilities and Planning Department for review.

(See Attachment 1)

Attachment 2 provides detailed information on distribution of change order requests between Contractor and District.  Change Order No. 3 changes the contract amount of $8,023,234.00 by ($59,946.00) to $7,963,288.00.

ITEM PULLED

The Board of Education is requested to appoint an additional representative from Florin High School to serve as the school’s league/conference representative for the 2020-21 school year.

At the June 9, 2020 Board meeting the Elk Grove Unified School District Board of Education approved individuals from each of the nine comprehensive high schools to serve for the school year as the school’s league/conference representative. The Board is asked to approve an additional member for Florin High School:

Florin High School                              Rudy Ortega, Principal

                                                            Dave Nickerson, Vice Principal (additional member)

                                                            William Kapp, Athletic Director

The Board of Education is asked to approve the Sacramento Employment and Training Agency’s 2020-21 Refugee Support Services (RSS) funding for English Language Learner (ELL) Workforce Navigator participants (Agreement #022430RS-20).

In accordance with BP 6161.1, the following instructional materials have been reviewed and approved by the appropriate subject-area steering committee(s), the EGUSD Curriculum Council, and have the support of principals.

Basic

Expository Reading and Writing Curriculum 3.0; Copyright 2019, The California State University (Exploring Modern Issues in Text for English Learners, Grades 11-12) [This basic instructional material will be paid for using EGUSD Instructional Materials funds.]

English A: Language and Literature (IB English HL, Grades 11-12) [The cost of this basic digital instructional material is included with the purchase of the basic text of the same name.]

Supplemental

Typing.com (Computer Resource, Grades 1-12) [This supplemental digital instructional material is a free resource; no funding is needed.]

Code.org (Computer Science, Grades K-6) [This supplemental digital instructional material will be paid for using site funds.]

VOLT Athletics (Physical Education, Grades 9-12) [This supplemental digital instructional material will be paid for using site funds.]

IXL Learning (Special Education Mathematics, Grades 7-12) [The cost of this supplemental digital instructional material is included with the purchase of the basic text of the same name.]

Culturally Responsive Minds SEL Online (SEL, Grades TK-12) [This supplemental digital instructional material will be paid for using site funds.]

Autodesk Education Suite (CTE/Engineering and Architecture, Manufacturing, Gr 7-12) [This supplemental digital instructional material will be paid for using site funds.]

Personal Finance Lab (CTE/Agriculture, Grades 11-12) [This supplemental digital instructional material will be paid for using site and/or CTE/Academy/Alternative funds.]

Pivot Interactives (Online Lab Simulations) (Science, Grades 9-12) [This supplemental digital instructional material will be paid for using site and/or CTE/Academy/Alternative funds.]

PhET (Online Lab Simulations) (Science, Grades K-12) [This supplemental digital instructional material is a free resource; no funding is needed.]

Labster (Online Lab Simulations) (Science, Grades 9-12) [This supplemental digital instructional material will be paid for using site and/or CTE/Academy/Alternative funds.]

ExploreLearning Gizmos (Online Lab Simulations) (Science, Grades 7-12) [This supplemental digital instructional material will be paid for using site and/or CTE/Academy/Alternative funds.]

FlinnPREP (Online Lab Simulations) (Science, Grades 9-12) [This supplemental digital instructional material will be paid for using site funds.]

Newsela (EL History/Social Science, Grades 9-12) [This supplemental digital instructional material will be paid for using site funds.]

The following courses have undergone review and approval by the appropriate subject-area steering committee(s), the EGUSD Curriculum Council, and have the support of principals.

Advanced Manufacturing II (CTE/Industrial Technology, Grades 11-12) (one-year equivalent, 10 credits) This course is the capstone course in the Advanced Manufacturing Pathway.  Students enrolled in this course will extensively use CNC routers and mills to produce a wide variety of parts and assemblies.  Students will utilize parametric modelling and become skilled designers and machine operators.

Pre-Requisite: Advanced Manufacturing I

Adopted curricular materials: No textbook assigned

Exploring Modern Issues in Text for English Learners (English Elective (Designated ELD), Grades 11-12) (one-year equivalent, 10 credits) This Designated ELD course incorporates comprehensive English language support for English Learners (ELs) at higher language proficiency levels in order for them to be ready for college and the workplace by the end of high school.

Pre-Requisite(s): 11^th or 12^th grade English Learner who is at the expanding or bridging level; 11^th or 12^th grade struggling RFEP student.

The following Request for Revision to an Existing Board-Adopted Course has undergone review and approval by the appropriate subject-area steering committee(s), the EGUSD Curriculum Council, and has the support of principals.

EL Language Lab (Course #02860) (English Elective, Grades 9-12)

Technology Services recognizes that Chromebooks have become vital for student learning here at EGUSD and in K-12 education as a whole. In order to ensure there are enough devices to support the instructional goals of the Improved educational services learning plans, devices need to be ordered. 

Public Code Section §20118 provides a statutory exception to the competitive bidding requirements set forth in the Public Contract Code by allowing districts to utilize cooperative bids secured by other districts or public entities for the purchase of materials, supplies, equipment and services.

It is in the best interest of Elk Grove Unified School District to utilize the contract and pricing from Sourcewell for the purpose of Chromebooks and configuration services.

Funded with existing technology utility and instructional materials budgets and/or state/federal funding targeting integrated services that support teaching and learning including student and staff technology needs.

Cost of services and equipment approximately: $800,000

The EGUSD Board President is asked to open the public hearing with a request for anyone who wishes to speak to the National Union of Healthcare Workers (NUHW) initial proposal to Elk Grove Unified School District (EGUSD) for 2020-21 collective bargaining Agreement to please come forward.  After listening to any speakers, the Board President is asked to close the public hearing.  After closing the public hearing, the Board should be asked to take action to approve (ratify) NUHW’s initial proposal.

Pursuant to Government Code Section 3547, the following are stipulated for negotiations between a bargaining unit and the District.

1. The union's initial proposal is officially presented at a public meeting of the Governing board for public notice; and
   
   
2. A public hearing is conducted to receive public input regarding the union's initial proposal. NUHW's initial proposal is attached.

It is recommended that after the closure of the public hearing, the Board take action to accept NUHW's Initial Proposal.

Pursuant to Education Code Section 17620 and Government Code Sections 65995 et seq., the District is required to adopt a School Facilities Needs Analysis ("SFNA") to justify the levy of alternative school fees ("Level 2 Fees” and “Level 3 Fees") on new residential development.  Prior to adopting the SFNA, the Board must conduct a public hearing and respond to any comments it receives.

On April 21, 2020, the Board of Education adopted a SFNA which placed the Level 2 fee at $6.34 per square foot of new residential construction.  The law stipulates that a SFNA approval is valid for no more than one year, but it is permissible to update it more often.  Because of the timing of Board of Education meetings and the expiration dates of the SFNA, the SFNA adoption dates have invariably been occurring earlier and earlier each year. This has been compounded with the fact that the State updates the construction cost allowances at the end of January each year, and they are an important factor in the SFNA calculation.  In future years, it would not be possible to incorporate the new construction cost allowances into the SFNA and still have it approved by the one-year expiration. Therefore, Staff is recommending that the Board adopt an updated SFNA to “reset the calendar.” Due to the timing of the aforementioned circumstance this calendar reset is necessary every 5-10 years.

The SFNA prepared by Odell Planning & Research, Inc. in July 2020, demonstrates that the District can impose Level 2 fees of $6.34 per square foot and Level 3 fees of $12.69 per square foot on new residential construction. Level 3 fees are only collected in the event that the State Allocation Board (SAB) is no longer apportioning funds for new construction, and the SAB has notified the Secretary of the Senate and Chief Clerk of the Assembly in writing of the determination that such funds are no longer being allocated. 

The District’s July 2020 SFNA is attached.  The study was sent to all four local Planning Departments on July 31, 2020, and was made available for public review beginning on August 14, 2020, as required by law.  In addition to the public noticing required by law, staff contacted a representative from the North State Building Industry Association (BIA) to discuss the fee study.

It is recommended that the Board conduct a public hearing and review, consider, and adopt the findings contained in the attached Resolution No. 4, 2020-21 approving the July 2020 SFNA and adopt the Level 2 Fees and Level 3 Fees identified therein for new residential development. 

School facilities fee adjustments are not subject to the provisions of the California Environmental Quality Act (CEQA).

The Sacramento Municipal Utility District (SMUD) has requested that the District convey (at SMUD's cost) a permanent Electrical Facilities Easement on the Joseph Kerr Middle School site at 8865 Elk Grove Boulevard, Elk Grove, CA.

The final configuration of the easement will be established after the completion of the installation of the electrical facilities and documenting the easement accurately in relation to the facilities installed.

The purpose of the easements is to allow SMUD to access, construct and maintain electrical facilities serving the Joseph Kerr Middle School campus. 

Staff recommends acceptance of the SMUD's request that the easement be conveyed since it will be of public benefit and cause no inconvenience to the District.

The Board of Education adopted Resolution No. 7, 2020-21, Resolution of Intention to Convey an Electrical Facilities Easement on September 1, 2020, and notice was duly posted and published for this public hearing as noted below.

As required for the granting of such easements, the notice of this public hearing was published in the Sacramento Bee on Thursday, September 3, 2020, and posted for at least 5 days in three public locations: Joseph Kerr Middle School, Robert L. Trigg Education Center and the Elk Grove Post Office (8850 Williamson Drive).   

The Resolution Granting Permanent and Temporary Easements must be adopted by a 2/3 vote by the Board.

The Board of Education is requested to hold a public hearing to solicit the recommendations and comments of members of the public regarding specific actions and expenditures proposed to be included in the Elk Grove Unified School District’s Learning Continuity and Attendance Plan (LCP) pursuant to Education Code 43509.  The public hearing shall be posted 72 hours before the meeting.

Pursuant to Education Code 43509, the Elk Grove Charter School requests that the Elk Grove Board of Education holds a public hearing to solicit the recommendations and comments of members of the public regarding specific actions and expenditures proposed to be included in the Learning Continuity and Attendance Plan (LCP) of Elk Grove Charter School. 

The public hearing shall be posted 72 hours before the meeting. This item will be presented to the Board for adoption at a special Board meeting on September 28, 2020.

The Board of Education is requested to approve Resolution No. 14 certifying that the Elk Grove School District is in compliance with Education Code Section (EC) 60119, ensuring that each pupil has sufficient instructional materials.

EC 60119 specifies that the Board of Education shall hold a public hearing and shall determine through a resolution that each pupil, including each English learner, in each school in the district has sufficient textbooks or instructional materials or both, in each subject (English/language arts, mathematics, history/social science, and science), that are consistent with the content and cycles of the curriculum framework adopted by the California State Board of Education. 

EC 60119 also requires that the Board of Education make a written determination as to whether each pupil enrolled in foreign language or health has sufficient textbooks or instructional materials. Similarly, the Board of Education must determine the availability of laboratory science equipment as applicable to science laboratory courses offered in grades 9-12, inclusive. The Board of Education did hold such public hearing during its September 1, 2020 Board meeting.

The attached resolution certifies that, in fact, each Elk Grove Unified School District student does have textbooks and instructional materials consistent with these guidelines.

The Board is asked to receive a budget update for 2020-21 and hear a report on the 2019-20 Unaudited Actual Income & Expenditures.  The Board is also asked to approve the 2019-20 Unaudited Actual Income & Expenditures.

Staff will provide a budget update for 2020-21 and report on the 2019-20 Unaudited Actual Income & Expenditures.

Staff recommends that the Board approve the 2019-20 Unaudited Actual Income & Expenditures.

In 1989, the State enacted changes in statutory law (SB 98 and AB 198), Chapter 82 and 83, Statues of 1989, which required a recalculation of the 1978-79 and 1988-89 Gann Limits for all California school districts.  In June 1990, the voters approved Proposition 111 which required another one-time adjustment to prior year Gann Limits.  Accordingly, the Gann Limit for 1989-90 was recalculated at $71,515,984.  Each year we are now required to recalculate the prior year using actual data, and then estimate the Gann Limit for the budget year.

In compliance with the Americans with Disabilities Act and California Executive Order N-29-20, those requiring special assistance to access the Zoom Board meeting, access and complete the Google Electronic Public Comment Form, or to access written documents discussed at the Board meeting that are available on the District’s website, please contact Ludi Avalos at (916) 686-7700.  Notification of at least 24 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to the Zoom board meeting and to provide any required accommodation, auxiliary aids or services.

Documents provided to a majority of the Governing Board regarding an open session item on this agenda will be posted online attached to the board agenda for public inspection.