ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT 2930 Gay Avenue, San Jose, CA 95127

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1 ALUM ROCK UNION ELEMENTARY SCHOOL DISTRICT 2930 Gay Avenue, San Jose, CA APPROVED Minutes of the Board of Trustees Regular Board Meeting #26-08/09 George Middle School 277 Mahoney Drive, San Jose, CA Thursday, May 14, 2009, 5:30 p.m. Minutes Approved: June 18, 2009 Numbers below correspond to agenda items 1. OPEN SESSION 1.1 Call to Order/Roll Call This meeting was called to order by President Gustavo Gonzalez at 5:30 p.m. followed by Roll Call. Trustees Present: Mr. Frank Chavez, Ms. Patricia Potter, Mr. Gustavo Gonzalez, Mr. Esau Ruiz Herrera, and Ms. Dolores Marquez. 1.2 Announcement and Public Comment Regarding Items to be Discussed in Closed Session Public Comments: 1) Mr. Pedro Griego Shop Steward for the Teamsters Union. 1.3 Recess to Closed Session The Board adjourned into Closed Session at 5:37 p.m. 3. RECONVENE TO OPEN SESSION 3.1 Call to Order/Pledge of Allegiance The Board reconvened to Open Session at 6:40 p.m. allegiance. President Gustavo Gonzalez asked the students to lead the pledge of 3.2 Report Action Taken in Closed Session President Gustavo Gonzalez reported out of Closed Session, Agenda Item 2.1 Conference with Legal Counsel on a Litigation Matter to dismiss with prejudice Case Number 108CV and Court of Appeal Number H The Board ratified the execution of the letter addendum to separation agreement by which the above entitled court action is fully and completely resolved. 3.3 Agenda Review and Adoption President Gustavo Gonzalez reported that there was no change made to the agenda. There was consensus from the Board to accept, approve, and adopt the agenda as presented. 4. SPECIAL PRESENTATION/RECOGNITION 4.1 Feature Presentation: Alum Rock Jazz Band Interim Superintendent Jose Manzo introduced Bill Nicolosi, District Band Director. The Jazz Band performed several musical selections. Public Comments: Jose Manzo, Colin Ford, and Bill Nicolosi. Board Comments: Patricia Potter, Gustavo Gonzalez, Dolores Marquez, and Frank Chavez. 1

2 4. SPECIAL PRESENTATION/RECOGNITION (continued) 4.2 Special Recognition: District Wide Science Fair Ms. Cassie O Maley, Coordinator of Curriculum & Instruction reported that the Alum Rock District Wide Science Fair was held on March 11, Students from participating sites won their grade level competitions. The following students were recognized: 1) Uziel Perez for his project entitled Lighting the Dark LUCHA, K-1 grade division 2) Leonel Soria for his project entitled Gravity Rogers, 2-3 grade division 3) Jason Guico for his project entitled Yeast Feast Cassell, 4-5 grade division 4) Jacob Woodbury for his project entitled Test Drive McEntee, 6 grade division 5) Stephanie Novelo and Daniela Guizar for their projects entitled Potato Clock Fischer, 7 grade division 6) Thien Tran for his project entitled Smog Patrol Sheppard, 8 grade division 7) Alexia Arriola for her project entitled Solar System Cassell, special recognition 4.3 Nominations for Teacher of the Year Interim Superintendent Jose Manzo introduced Nora Guerra, Assistant Superintendent of Instructional Services. Ms. Guerra reported that each year district schools are invited to nominate outstanding teachers from each school site. She reported that one teacher would be chosen and the name forwarded to the Santa Clara County Office of Education as Alum Rock s Teacher of the Year. The following 27 nominees were introduced: 1) Wendy Alcantar Adelante 2) Jillian Cintas Arbuckle 3) Milton Hernandez Cassell 4) Gloria Cortez Chavez 5) Kristin Boerner Cureton 6) Melissa Quintos Dorsa 7) Gwen Harl Goss 8) Jennifer Ferguson Hubbard 9) Guadalupe Cruz Linda Vista 10) Carlos Ponce LUCHA 11) Kathleen Conway Lyndale 12) Susan Brophy McCollam 13) Swati Dagar McEntee 14) Dennis Monlux Meyer 15) Donna McCallum Painter 16) Nathan Dominguez Rogers 17) David Trautman Russo 18) Janine Henderson Ryan 19) Paula Backer San Antonio 20) Tomasita Alvarado Slonaker 21) Tracy Leathers Fischer 22) Ellen Bray George 23) Paulette Ponds Mathson 24) Rennae Lauerman Ocala 25) Severiana Quintana Pala 26) Rachel Paradee Renaissance 27) Virginia Young Sheppard Public Comments: Jose Manzo, and Nora Guerra. 4.4 San Jose State University MESA Day Student Awards Ms. Sharon DeAngelo, Coordinator of Curriculum & Instruction, stated that on March 7, 2009, San Jose State University was host to Mathematics, Engineering, Science Achievement (MESA) Day. Alum Rock is proud to recognize 21 students who placed 1 st, 2 nd, and 3 rd in the competition. The following 21 students were recognized: Slonaker Academy 1) Leanne Do 2) Khloe Guzman 3) Pamela Hernandez 4) Karina Bautista 2

3 4. SPECIAL PRESENTATION/RECOGNITION (continued) 4.4 San Jose State University MESA Day Student Awards Slonaker Academy 5) Javier Rodriguez 6) Jasmin Rios 7) Guadalupe Carrillo 8) Jasmine Martinez 9) Rachel Saephan 10) Eric Mercado 11) David Gonzalez George Middle 1) Jasmin Ornelas 2) Sarah Rodriguez 3) Jovani Diaz Ocala Middle 1) Lauren Chatfield 2) Anselmo Sousa 3) Joseph In 4) Alvin Palmino 5) Trisha Micarosas 6) Kimberly Lozano 7) Ricardo Romero Ruelas 4.5 Title I Academic Achievement Special Recognition Ms. Sharon Groves, State & Federal Officer, reported that Arbuckle, LUCHA, and KIPP Academy were selected to receive the Title I Academic Achievement Award. She also stated that only 4 schools in Santa Clara County qualified for this prestigious award and Alum Rock received 3 out of the REQUESTS TO ADDRESS THE BOARD Vice-President Esau Herrera made the recommendation to allow members of the public to speak for a 2-minute time limit rather than the usual 3-minute time limit. This would allow more members of the public to speak. There was consensus from the Board to change the usual 3-minute time limit to 2 minutes. Public Comments: The following individuals spoke [note: Project Labor Agreement (PLA)]: 1) Byron Malpass Spoke on the PLA 2) Nicole Goehniy Spoke on the PLA 3) Kristy Auerbach Spoke on the PLA 4) Cyndi MacDonald Painter teacher 5) Danny Pham 5 th grade Painter student 6) James Thompson, Jr. 6 th grade Sheppard student 7) James Thompson, Sr. Community member (assisted with folding the flag) 8) Nate Tadeo Community member (assisted with folding the flag) 9) Harry Fowkie No information given 10) Doliene Slater Sheppard teacher 11) Matt Heavey Representative against the PLA 12) Virginia Young Sheppard teacher 13) Gordon Chace III George student 14) Gordon Chace Sr. George parent 15) Carol Hagen Sheppard teacher 16) Tanya Freudenberger Community member 17) Claudia Rizo Migrant Education parent 18) Lupita Gutierrez Migrant Education parent 19) Gustavo Chavez Representative in support of the PLA 3

4 5. REQUESTS TO ADDRESS THE BOARD (continued) MOTION #26-01 by Board Clerk Dolores Marquez to extend the Requests to Address the Board time limit to an additional 30 minutes. MOTION #26-01 was seconded by Member Frank Chavez. MOTION #26-01 carried with a vote of Public Comments: The following individuals spoke [note: Project Labor Agreement (PLA)]: 17) Lara McCabe Representative from Cortese s Office 18) Josue Garcia Representative in support of the PLA 19) Danny Garza Representative in support of the PLA 20) Daniel Garcia Representative in support of the PLA and also a Renaissance parent 21) Cherie Cabral Representative in support of the PLA 22) Barbara Cox Representative in support of the PLA 23) Max Vargas Representative in support of the PLA 24) Carlos Meza Arreola Representative in support of the PLA 25) Adolfo Rodriguez Representative in support of the PLA 26) Fred Hirsch Representative in support of the PLA 27) Dan Smith Representative in support of the PLA 28) Gerardo Esparza Representative in support of the PLA 29) David Baer Representative in support of the PLA 30) Felipe Quintero Representative in support of the PLA 31) Estevan Guzman Representative in support of the PLA 32) Kim Mesa President of the Alum Rock Educational Foundation (AREF) 33) John Polk Representative in support of the PLA 6. COMMENTS 6.1 Comments by Alum Rock Educators Association (AREA) Group Representatives Mr. Marc Shaw AREA President. 6.2 Comments by California School Employee s Association (CSEA) Group Representatives No representative from CSEA spoke at this time. 6.3 Comments by Teamsters Group Representatives No representative from Teamsters spoke at this time. 6.4 Comments by the Interim Superintendent Interim Superintendent Jose Manzo. 6.5 Comments by Members of the Board of Trustees Frank Chavez, Dolores Marquez, Patricia Potter, Esau Herrera, and Gustavo Gonzalez. 7. CONSENT CALENDAR Vice-President Esau Herrera asked to pull the following agenda items to be discussed separately: 1) Agenda Item 7.4, Contracts for Professional Services-Firms/Organizations 2) Agenda Item 7.21, KIPP Heartwood Academy, Inc. Charter Facilities Use Agreement 3) Agenda Item 7.23, ACE Joint Use Agreement for Use of Property at Chavez Elementary Board Clerk Dolores Marquez asked to pull the following agenda item to be discussed separately: 1) Agenda Item 7.19, Reading Language Arts Intervention Textbook MOTION #26-02 by Vice-President Esau Herrera to adopt and approve the Consent Calendar as presented except for the agenda items removed for separate discussion. MOTION #26-02 was seconded by Board Clerk Dolores Marquez. 4

5 7. CONSENT CALENDAR (continued) President Gustavo Gonzalez reported that the dollar amounts that were listed on Agenda Item 7.16, Approval of Six (6) Streetscape Construction Projects and one (1) HVAC project were incorrect and read off the corrected amounts: 1) Arbuckle Streetscape, correction is $1,869,707 2) Chavez Streetscape, correction is $1,443,384 3) Cureton Streetscape, correction is $1,764,164 4) Dorsa Streetscape, correction is $1,711,320 5) Hubbard Streetscape, correction is $1,303,003 6) Mathson Streetscape, correction is $1,794,880 7) Mathson HVAC Replace, correction is $2,732,435 MOTION #26-02 carried with a vote of Public Comments: Jose Manzo. Board Comments: Esau Herrera, Gustavo Gonzalez, and Dolores Marquez. 7.4 Contracts for Professional Services-Firms/Organizations MOTION #26-03 by Vice-President Esau Herrera to adopt and approve Agenda Item 7.4, Contracts for Professional Services-Firms/Organizations. MOTION #26-03 was seconded by Board Clerk Dolores Marquez. The Board had dialogue on this agenda item. Vice-President Esau Herrera asked to place a dollar value on the contracts so that the public could see the dollar amount. Board Comments: Esau Herrera, and Dolores Marquez. MOTION #26-03 carried with a vote of KIPP Heartwood Academy, Inc. Charter Facilities Use Agreement MOTION #26-04 by Vice-President Esau Herrera to adopt and approve Agenda Item 7.21, KIPP Heartwood Academy Charter Facilities Use Agreement. MOTION #26-04 was seconded by Board Clerk Dolores Marquez. The Board had dialogue on this agenda item. Vice-President Esau Herrera stated that he encouraged a multi-year lease for the KIPP Heartwood Academy Agreement in order to have more stability for the families. Board Comments: Esau Herrera, and Dolores Marquez. MOTION #26-04 carried with a vote of ACE Joint Use Agreement for Use of Property at Chavez Elementary MOTION #26-05 by Vice-President Esau Herrera to adopt and approve Agenda Item 7.23, ACE Joint Use Agreement for Use of Property at Chavez Elementary. MOTION #26-05 was seconded by Board Clerk Dolores Marquez. The Board had dialogue on this agenda item. Vice-President Esau Herrera stated that he encouraged multi-year lease for the ACE Joint Use Agreement for Use of Property at Chavez Elementary in order to have more stability for the families. Public Comment: Jose Manzo. Board Comments: Esau Herrera, Dolores Marquez, and Patricia Potter. MOTION #26-04 carried with a vote of Reading Language Arts Intervention Textbook Adoption MOTION #26-06 by Board Clerk Dolores Marquez to adopt and approve the Reading Language Arts Intervention Textbook Adoption as recommended by the Committee. MOTION #26-06 was seconded by Vice-President Esau Herrera. The Board had dialogue on this agenda item. Ms. Nora Guerra, Assistant Superintendent of Instructional Services, reported that the DAIT Providers do not make recommendations but that the committee made the selection from the State Board adoption list. 5

6 7. CONSENT CALENDAR (continued) 7.19 Reading Language Arts Intervention Textbook Adoption Public Comments: Jose Manzo, and Nora Guerra. Board Comments: Patricia Potter, Dolores Marquez, and Esau Herrera. MOTION #26-06 carried with a vote of INSTRUCTIONAL SERVICES 8.1 Green Schools Initiative Focuses the Schools Emphasis Around the Concept of Efficiency Dr. Hilaria Bauer, Academic Achievement Officer, gave a brief introduction of the Green Schools Initiative. She reported that the Ocala Green Cluster consisted of Ocala Middle, Cassell Elementary, Rogers Elementary, and Ryan Elementary. She reported that the mission of the Ocala Cluster New Design Task Force is to develop a pathway towards creating healthy, efficient, and sustainable schools that teach students to be respectful stewards of their environment and its resources while developing critical thinking skills through the core curriculum with special emphasis on science and social studies. Dr. Hilaria Bauer reported that the four pillars consist of the following: 1) Strive to be free of toxins 2) Use resources sustainably 3) Create a green, healthy space 4) Teach, learn, engage The following staff participated in the Power Point Presentation: 1) Leland Lowe Rogers parent 2) Rebecca Barrans Rogers and Adelante grandparent 3) Doug Paganelli Ryan principal 4) Caroline Barnaba Cassell principal 5) Mary Kim Cassell teacher 6) Cristina Bustamante Ocala teacher 7) Pat Leader Cassell teacher Board Comments: Patricia Potter, Esau Herrera, Dolores Marquez, Frank Chavez, and Gustavo Gonzalez. 9. ADMINISTRATIVE SERVICES 9.1 District s Initial Bargaining Proposals to Open Negotiations with the California School Employees Association (CSEA), Chapter #305 Interim Superintendent Jose Manzo introduced Ms. Rebecca Wright, Assistant Superintendent of Administrative Services. Ms. Wright reported that the District wishes to open negotiations with the California School Employees Association (CSEA), Chapter #305 on contract language, wages and benefits. Pursuant to the Educational Employment Relations Act (EERA), the District hereby presents its initial bargaining proposal to CSEA for the school year. 1) Article VIII Pay and Allowance: The District is proposing language to enhance the ability to pay. The District is proposing new language for bilingual/biliterate differential pay and clarifying language on increment and advancement on the salary schedules. 2) Article IX Expenses, Materials and Safety: The District is proposing new language for expenses and material. 3) Article X Bargaining Unit Member and Dependent Insurance Coverage: The District is proposing language clarifying eligibility for benefits. 4) XIII Leaves: The District is proposing language to align the contract language to Board Policies. 5) Article XIV Vacancies, Transfers, Promotion and Reclassification: The District is proposing language for the modification of work schedules. 6

7 9. ADMINISTRATIVE SERVICES (continued) 9.1 District s Initial Bargaining Proposals to Open Negotiations with the California School Employees Association (CSEA), Chapter #305 MOTION #26-07 by Vice-President Esau Herrera to adopt and accept the District s initial bargaining proposal as presented. MOTION #26-07 was seconded by Board Clerk Dolores Marquez. MOTION #26-07 carried with a vote of California School Employees Association (CSEA), Chapter #305 Initial Bargaining Proposal to Open Negotiations with the Alum Rock Union Elementary School District Ms. Rebecca Wright, Assistant Superintendent of Administrative Services reported that CSEA wishes to open negotiations with the District on contract language, wages and benefits. Pursuant to the Educational Employment Relations Act (EERA), CSEA hereby presents its initial bargaining proposal to the District for the school year. 1) Article VIII Pay and Allowance: CSEA is proposing a fair and competitive wage increase based on the District s ability to pay. 2) Article V Bargaining Unit Member and Dependent Insurance Coverage: CSEA is proposing a fair and competitive health and welfare increase based on the District s ability to pay. 3) Article XIII Leaves: CSEA has an interest to create a Castastrophic Leave Program in the event a member incurs a significant health issue. 4) Article XIV Bargaining Unit Vacancies, Transfer, Promotion, and Reclassification: CSEA has an interest to ensure that bargaining unit vacancies are filled in accordance and of the Education Code. 5) Article XV Layoff and Reemployment: CSEA has an interest to ensure CSEA reemployment rights are aligned to and of the Education Code. MOTION #26-08 by Board Clerk Dolores Marquez to adopt and accept CSEA s initial bargaining proposal as presented. MOTION #26-08 was seconded by Esau Herrera. MOTION #26-08 carried with a vote of BOND / FACILITIES 10.1 Approval of Construction Design for San Antonio Elementary School Interim Superintendent Jose Manzo introduced Mr. Ernesto Flores, President from Caldwell, Flores, Winters, Inc. (CFW). Mr. Flores gave an overview of the proposed San Antonio School project. Mr. Flores reported the District had determined the reconstruction of San Antonio School was more cost effective in creating a more enhanced and operationally efficient campus. As directed by the Board, the team had reviewed various opportunities and constraints for the development of the school. He reported that the purpose of tonight s meeting was (1) To approve a proposed development plan for the reconstruction of the school; (2) Select NTD Architects to provide architectural services for construction of the school; and (3) Select Blach Construction as the construction provider for the school. Mr. Flores reported on the proposed development plan which consists of the following key points: 1) The plan is a result of discussions with the State, the City of San Jose, team participants, district staff, and interviews with site users including the principal, administrative staff and teachers. 2) Key design considerations include budget constraints, small school options, improved campus safety, traffic congestion, emergency vehicle access, and shared educational benefits. 3) To optimize State funding, the project will be submitted to the State as a K-8 school application with a new construction K-6 school component and the re-use of the existing permanent facilities to accommodate 7-8 classrooms. 4) In urban projects, small site size is permitted for schools, including the proposed K-8, and may qualify the project for additional grant level funding by the Office of Public School Construction (OPSC). Mr. Flores reported that the total project budget for the K-6 component remains at $20 million. He stated that once constructed, the District will remain flexible on how to use the facility. Construction is scheduled for Summer MOTION #26-09 by Vice-President Esau Herrera to adopt and accept the Construction Design for San Antonio Elementary School as presented. MOTION #26-09 was seconded by Member Patricia Potter. 7

8 10. BOND / FACILITIES (continued) 10.1 Approval of Construction Design for San Antonio Elementary School Public Comments: Jose Manzo, and Ernesto Flores. Board Comments: Esau Herrera, Patricia Potter, Frank Chavez, and Dolores Marquez. Vice President Esau Herrera made the suggestion to perhaps, rename San Antonio School at a future date. MOTION #26-09 carried with a vote of Selection of New School Construction Provider for San Antonio Elementary School MOTION #26-10 by Member Patricia Potter to adopt and approve Blach Construction Inc. for the not to exceed price of $250,000 to be the contractor to build the new school. MOTION #26-10 was seconded by Vice-President Esau Herrera. Public Comments: Jose Manzo, Ernesto Flores, and Scott Gaudineer. Board Comments: Esau Herrera, Patricia Potter, Dolores Marquez, and Frank Chavez. MOTION #26-10 carried with a vote of Selection of NTD Architecture to provide Architecture Service of Construction at San Antonio Elementary School. MOTION #26-11 by Vice-President Esau Herrera to adopt and accept the contract for pre-design and architectural services be entered into with NTD Architecture for the not to exceed price of $1,137,063. MOTION #26-11 was seconded Member Patricia Potter. Board Comments: Dolores Marquez, and Esau Herrera. MOTION #26-11 carried with a vote of Delegation of Authority to Approve Bids for Relocation of Portable Classrooms MOTION #26-12 by Vice-President Esau Herrera to adopt and approve the delegated authority to the Superintendent to approve bids for relocation of portable classrooms. Board Comments: Esau Herrera, and Dolores Marquez. MOTION #26-12 carried with a vote of SUPERINTENDENT/BOARD BUSINESS 11.1 Board Sub-Committees Member Patricia Potter reported that the Sustain Student Growth Committee would be meeting on May 15 th and the Parent Participation Committee would be meeting on May 22 nd. Board Clerk Dolores Marquez reported that the Child Nutrition Committee would be convening shortly. President Gustavo Gonzalez reported that the May 19 th meeting for the Budget Advisory Committee had been canceled and a new date would be determined Small Schools Ad Hoc Committee Report: Board Policy Small Autonomous Schools of Choice MOTION #26-13 by Vice-President Esau Herrera to adopt and approve the First Reading of Board Policy Small Autonomous Schools of Choice. MOTION #26-13 was seconded by Board Clerk Dolores Marquez. Board Comments: Esau Herrera, and Dolores Marquez. MOTION #26-13 carried with a vote of

9 11. SUPERINTENDENT/BOARD BUSINESS (continued) 11.3 Interim Superintendent Compensation MOTION #26-14 by Vice-President Esau Herrera to postpone Agenda Item 11.3 Interim Superintendent Compensation to the Regular Board Meeting in June. MOTION #26-14 was seconded by Member Frank Chavez. Board Comments: Esau Herrera, Dolores Marquez, Patricia Potter, Frank Chavez, and Gustavo Gonzalez. MOTION #26-14 carried with a vote of 4-1 (Member Patricia Potter), and no abstentions Cell Phones MOTION #26-15 by Vice-President Esau Herrera to postpone Agenda Item 11.4 Cell Phones to the Regular Board Meeting in June so that the Board could be more informed. Public Comments: Tanya Freudenberger, and Kim Mesa. Board Comments: Dolores Marquez, Esau Herrera, and Patricia Potter. The Board adjourned to Closed Session at 11:20 p.m. and reconvened to Open Session at 12:05 p.m. 3.2 Report Action Taken in Closed Session President Gustavo Gonzalez reported that the Board approved the delivery of the notice of assignments and/or release for the Certificated Management Team. The vote carried President Gustavo Gonzalez reported that the Board approved the appointment of Ms. Alicia Saballa Santana as the new Principal of LUCHA Academy. The vote carried ADJOURNMENT President Gustavo Gonzalez adjourned the meeting at 12:05 a.m. Respectfully submitted, Dolores Marquez Clerk of the Board JLM:mcs File: Board Minutes of May 14, 2009 Regular Board Meeting #26-08/09 9