A.1.a. LIABILITY CLAIMS - Governmental Code Section

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1 MORGAN HILL UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION MINUTES REGULAR MEETING MHUSD Board Room and Trustee Tom Arnett's teleconference location: 81 Prince Street, Boston, MA and Trustee David Gerard's teleconference location: Montoya Circle, Morgan Hill, CA Closed Session 4:30 PM Attendance Taken at 4:31 PM: Present: Tom Arnett Gino Borgioli David Gerard Mary Patterson Donna Ruebusch Ron Woolf Steve Betando, Superintendent Student Board Representative, not present Absent: Teresa Murillo Updated Attendance: Teresa Murillo was updated to present at: 6:38 PM A. CALL TO ORDER A.1. ADJOURN TO CLOSED SESSION (4:30 PM) A.1.a. LIABILITY CLAIMS - Governmental Code Section A.1.a.1. Accept / deny claim against Morgan Hill Unified School District, ASCIP File #LBI A.1.b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section : one case A.1.c. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of Government Code A.1.c.1. Beltran v Morgan Hill Unified School District, Case No. 115CV A.1.c.2. Denise Reilly v. Morgan Hill Unified School District, Case No. 16CV A.1.c.3. M.N v. Morgan Hill Unified School District et al., Santa Clara Superior Court Case No. 115CV / Court of Appeal, Case No. H A.1.c.4. A Voice for Choice Advocacy, Inc., v. Morgan Hill Unified School District, et.al, Case No. 17CV A.1.d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code ) A.1.d.1. Property: APN & (Peet Road Property) Agency Negotiators: Steve Betando, Superintendent; Kirsten Perez, Assistant Superintendent; Phil Henderson, Orbach Huff Suarez & Henderson Negotiating Parties: Lupine Investors LLC and Borello Family Under Negotiation: Price and Page 1 of 6

2 terms of payment A.1.d.2. Property: APNs Hale Avenue) Agency Negotiators: Steve Betando, Superintendent; Kirsten Perez, Assistant Superintendent; Phil Henderson, Orbach Huff Suarez & Henderson Negotiating Parties: Santa Clara County Valley Transportation Authority Under Negotiation: Price and terms of payment for potential purchase A.1.d.3. Property: APN (Nguyen Road Property) Agency Negotiators: Steve Betando, Superintendent; Kirsten Perez, Assistant Superintendent; Phil Henderson, Orbach Huff Suarez & Henderson Negotiating Parties: Nguyen Family Under Negotiation: Price and terms of payment for potential purchase A.1.e. PUBLIC EMPLOYEE-DISCIPLINE / DISMISSAL / RELEASE / REASSIGNMENT / COMPLAINT (Government Code and ) A.1.f. PUBLIC EMPLOYMENT / PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code 54957) Title: Superintendent A.2. PUBLIC COMMENT ON CLOSED SESSION TOPICS The following individual addressed the Board: Roberto Aguirrez, parent of students attending MHUSD, put his support behind the Superintendent and staff with relation to the Charter School of Morgan Hill s Prop 51 application. He spoke of district equity, and his belief that the Charter School of Morgan Hill should do the same. He encouraged the Board of Education to support the Superintendent and his staff. A.3. RECONVENE TO PUBLIC SESSION A.4. CALL TO ORDER / PLEDGE OF ALLEGIANCE President Ruebusch called the meeting to order at 6:13pm Pledge of Allegiance was led by the Future Farmers of America A.5. INTRODUCTION OF BOARD MEMBERS AND STAFF The Board members and staff seated around the dais introduced themselves. A.6. RECOGNITIONS / PRESENTATIONS A.6.a. Equity Item: FFA Student Presentation The Future Farmers of America (FFA) officer teams from Sobrato and Live Oak High Schools presented their Opening and Closing Ceremonies as well as the Pledge of Allegiance. A.6.b. Acknowledge Grace Smith, Student Board Member for first trimester , and announce Alyssa Lepik, Student Board Member for second trimester B. ADOPTION OF AGENDA / APPROVAL OF CONSENT CALENDAR Motion Passed: with a motion by Ron Woolf and a second by Mary Patterson. Page 2 of 6

3 C. APPROVAL OF MINUTES C.1. Approve the minutes from the Regular Board meeting of October 17, 2017 Motion Passed: with a motion by David Gerard and a second by Ron Woolf. D. PUBLIC COMMENT / COMMUNICATIONS The following individuals addressed the Board regarding MHUSD s Prop 51 funding application letter for Charter School of Morgan Hill (CSMH), their disappointment with the District, and the lack of a public agenda item regarding the denial of CSMH s Prop 51 funding application on tonight s agenda. They request that the Board directs the Superintendent to withdraw the District s letter to CFSA or to provide a resolution, and asks that it is put on the December 5, 2017 agenda: Susan Pfefferlen, Principal, Charter School of Morgan Hill Mary Roensch, Chief Financial Officer, Charter School of Morgan Hill Claude Solanas, Chairman of the Board, Charter School of Morgan Hill Paige Cisweski, Executive Director, Charter School of Morgan Hill E. COMMUNICATIONS E.1. Closed Session Action Report (Government Code ) There was no report out. E.2. Report: Student Board Member Student Board Representative was not present. E.3. Reports: Superintendent / Staff Superintendent Betando, attended the Oct 18 Rotary Student Awards for the elementary students; Oct 19 was the California Great Shake-Out; Oct 20 attended the City / School Liaison Meeting; Oct 20 attended Our Town at Live Oak; Cecelia s Closet held their Oktoberfest on Oct 21 where families could come and pick up gently used clothing; Nov 4 we held our Kinder Round-up at the District Office; also, the Community Solutions Black and White Fundraiser was on Nov 4; Nov 5 was able to run a 5K with the San Martin Gwinn and El Toro Mermaids and Tritons at Cunningham Park, teachers and administrators were also in attendance; today, was the Santa Cruz Silicon Valley New Teacher Project Breakfast, Dr. Ramon Zavala and Donna Ruebusch represented the District; also today, I had my monthly lunch meeting with City Manager, Christina Turner where we discussed our many joint partnerships. E.4. Reports: Board Members Trustee Arnett, visited a district in Central Valley that has received a lot of attention for some interesting work they ve been doing. Recently they received a Federal Grant for 20 Million dollars to document processes and all of the things they have been doing within their district. This district is 100% Free and Reduced lunches and has a 15% English Language Learner (ELL) population. Spoke on how the community and district came together for the better of the students, resulting in higher achievement and lower discipline issues; attended the inacol Symposium in Orlando, Florida which focused on personalized learning and approaches that different schools are taking around the country to address equality; and, congratulated our Middle school bands that are going to Disneyland, it will be a wonderful experience for them to go behind the scenes to see how they record their music and shows. Page 3 of 6

4 Trustee Woolf, spoke of the Thursday night lights at Live Oak this week, honoring the Senior players due to their successful year. The game begins at 7:00pm. Friday night Sobrato is playing (at Sobrato) and encourages all Trustees to attend the games. Trustee Patterson, attended her first football game and three of our teams were playing in Aptos High on Saturday for the CCS quarter finals. Trustee Ruebusch, on Oct 19 attended the Be Seen and Heard : Sexual Abuse Prevention, facilitated by Superintendent Betando, Glen Webb and Victor Pacine; Oct 20 attending the City School Liaison Meeting; Oct 27 toured the Sobrato Math classes with Trustee Borgioli and presented their experience to the Board, they were very impressed with the Math Department, all grades were performing outstandingly and they enjoyed seeing the collaboration with each group; Nov 1 attended the Silicon Valley Leadership Group at the Santa Clara Convention Center, it was a good opportunity to network with other board members and exchange revenue enhancing ideas; Nov 4 attended the successful Kinder Round up at the District Office; and, on Nov 7 attended the Santa Cruz New Teacher Project Breakfast with Dr. Ramon Zavala. E.5. Reports: Employee Groups: Morgan Hill Classified Employee Association / Morgan Hill Federation of Teachers / Morgan Hill Educational Leaders Association Morgan Hill Federation of Teachers, President Gemma Abels, received s, texts, and screen shots from her members of a memo they received along with a survey regarding Right Sizing the Budget, she expressed concern, as a member of the committee, that our website had no mention of this committee or any of its members. She has encouraged all members, parents and students to complete the survey and to visit the Right Sizing the Budget website and weigh in on what the District s priorities should be. Some of the items mentioned in the survey are negotiated items and she discussed those items: Increase in compensation and the increase in STRS. Morgan Hill Classified Employee Association, representative not present Morgan Hill Educational Leaders Association, Intern Assistant Principal Shannon Rafat, told of the school events over the last few weeks for different school sites. E.6. Calendar: Upcoming events President Ruebusch read from the calendar of events. F. CONSENT ITEMS F.1. BUSINESS SERVICES F.1.a. Adopt resolution naming authorized check signers for MHUSD bank accounts F.1.b. Adopt resolution to approve use of design-build process (Education Code Section ) for the design and construction of the Nordstrom Elementary School New Classroom Building Project F.1.c. Approve agreement with Eichler Associates, Inc. to provide energy commissioning services for the Britton Middle School Transformation Project F.1.d. Approve agreement with Furman and Associates to provide Division of State Architect required inspection services for Britton Middle School F.1.e. Approve contract with Alfatech for design services to install HVAC units for the woodshop classrooms at Live Oak High School F.1.f. Approve delegation of authority to award contract for Live Oak woodshop classroom HVAC installation F.1.g. Delegation of authority to award the Paradise Valley Multi-use Building and Administration Modernization Project Page 4 of 6

5 F.2. EDUCATIONAL SERVICES F.2.a. Approve travel for 100 Martin Murphy Middle School and Britton Middle School Band students to Southern California to visit University of Irvine and University of California Los Angeles campuses and Disney Recording Studio F.2.b. Ratify contracts for the Department of Special Education for in the amount of $321,594 F.3. HUMAN RESOURCES F.3.a. Approve personnel action to employ, re-employ, promote, reassign, accept resignation, accept retirement, and authorize related compensation F.4. SUPERINTENDENT F.4.a. Establish the board's organizational meeting for December 5, 2017, to be held at Concord Circle, Morgan Hill at 6:00 pm and notify the county superintendent of schools and all board members G. GENERAL BUSINESS - PUBLIC SESSION ITEMS FOR BOARD DISCUSSION G.1. Approve First Interim budget for the restricted non-general funds as reported in the Standardized Account Code Structure (SACS) report The following individual addressed the Board: Gemma Abels, President MHFT, spoke of the One Time Discretionary Funds that the District is asking to move into the Special Reserve Fund and what this money could possibly be spent on this year. Presented by Victoria Knutson, Director Fiscal Services Motion Passed: with a motion by Gino Borgioli and a second by Ron Woolf. G.2. Enrollment and demographics report Presented by Jim Carrillo, Director of Technology and Enrollment G.3. Elect representative to the Santa Clara County Committee on School District Organization Motion Passed: the Board voted on electing Denise Ramon-Herrera to District 1, James Van Pernis to District 2, and Ellen Wheeler to District 5 with a motion by Mary Patterson and a second by Teresa Murillo. G.4. California School Boards Association (CSBA) Delegate Assembly call for nominations No nominations. Page 5 of 6

6 G.5. New business: future agenda items / recognitions Trustee Gerard, requested an agenda item on the December 5, 2017 agenda addressing the Charter School of Morgan Hill Prop 51 issue. Trustee Ruebusch, requested a discussion regarding the timely nature of CSMH s response to District and County requests for budgetary documents to also include: 1) to better understand if the CSMH met the statewide deadline of July 1 for all budgetary documents, 2) is staff payroll for CSMH dependent on donation or private funds would like to better understand the role of the private donation, 3) would like to see the cash flow projections for CSMH, 4) to address the CSMH plan for addressing the defect spending beyond private donations, 5) two part concern are STRS contributions being made for employees, specifically are contributions being made for summer school employees? Could there be penalties incurred by STRS reporting that could limit teacher s retirement income is there an MOU or other agreement? Are the teachers receiving credible compensation, i.e., could we see a salary schedule or budget lines that indicate salary so that there is transparency in that area. Trustee Borgioli, agrees with the above mentioned items regarding Charter School of Morgan Hill s Prop 51 Funds application. Requests that the Board consider a Special Meeting for this item. Mentioned his request again for a discussion on the Sobrato Math issue and the Change.org petition. Would like the Policy Subcommittee to work on BP 6141 Instruction. Trustee Patterson, requests that the Board Policy Subcommittee meet and report on any policies that have bubbled up that need our attention. Feels it would be good to review policies on a regular basis. At a future meeting would like to have an open conversation, in public, regarding our relationship with CSMH and how we can improve the relationship in the future. Possibly to also revisit the annual report. Trustee Arnett, requests a follow-up on the State Scores Data and follow-up on NWEA Map results, and also has mutual interest in having an item regarding CSMH Prop 51 item. H. ADJOURNMENT The meeting was adjourned at 9:08pm. The Board returned to Closed Session. In accordance with Board Bylaw 9323, which states Regular Board meetings shall be adjourned at 9:30 pm unless extended to a specific time determined by a majority of the Board, approve extension of the meeting to no later than 10:00pm Motion Passed: with a motion by Mary Patterson and second by Donna Ruebusch. Steve Betando, Superintendent December 5, 2017 Page 6 of 6