EAST SIDE UNION HIGH SCHOOL DISTRICT

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2 Regular Board Meeting of November 20, 2014 Agenda Item: EAST SIDE UNION HIGH SCHOOL DISTRICT REGULAR MEETING OF THE BOARD OF TRUSTEES Meeting Held at Education Center Board Room October 16, :00 p.m. 1. CALL TO ORDER/ROLL CALL 1.01 Roll Call The Regular Meeting of the Board of Trustees was called to order at 4:06 p.m. by President J. Manuel Herrera. Members present: President J. Manuel Herrera, Vice President Van Le, Clerk Magdalena Carrasco, Member Lan Nguyen, and Member Frank Biehl 1.02 Announcement and Public Comment regarding Items to be discussed in Closed Session (Government Code ) President J. Manuel Herrera extended a welcome to everyone, explained the format of the meeting, noted that all Board Meetings are recorded and offered the public to comment on item(s) to be discussed in Closed Session. There were no public speakers Recess to Closed Session in the Superintendent s Conference Room (Open Session will resume at the end of Closed Session at approximately 6:00 p.m.) See item 2 on agenda (Closed Session). The Board of Trustees recessed to Closed Session in the Superintendent s Conference Room. Page 1 of 16

3 2. CLOSED SESSION 2.01 Expulsion(s): None 2.02 Public Employee Performance Evaluation (Government Code Section 54957) Superintendent 2.03 Public Employment/Public Employee Appointment (Government Code Section 54957) 2.04 Public Employee Discipline/Dismissal/Release (Government Code Section 54957) 2.05 Conference with Labor Negotiators (Government Code Section ) Agency Designated Representatives: Chris D. Funk, Superintendent Marcus Battle, Associate Superintendent of Business Services Juan Cruz, Assistant Superintendent of Educational Services Cari Vaeth, Associate Superintendent of Human Resources Employee Organizations: American Federation of Teachers (AFT) California School Employees Association (CSEA) East Side Teachers Association (ESTA) Unrepresented Organizations: Administrators Managers Confidentials 2.06 Conference with Legal Counsel Anticipated Litigation Significant exposure to litigation pursuant to subdivision (d)(2) of Government Code Section Claim for Damages of L. Flatter; and Two (2) Potential Cases Motion by Member Frank Biehl, second by Vice President Van Le, to reject the claim for damages of L. Flatter Conference with Legal Counsel Anticipated Litigation Initiation of litigation pursuant to subdivision (d)(4) of Government Code Section Two (2) Potential Cases Page 2 of 16

4 2.08 Conference with Legal Counsel Existing Litigation (Paragraph (1) of subdivision (d) of Section ) Vera Fox v. East Side Union High School District, et al., Santa Clara County Superior Court Case no. 113-CV Cal-Pacific Construction, Inc. v. East Side Union High School District, Santa Clara County Superior Court Case No. 114-CV Motion by Member Frank Biehl, second by Member Lan Nguyen, to approve a settlement agreement between the District and Cal Pacific, which includes a payment by the District to Cal Pacific in the amount of $255,000, inclusive of all contract balances and retention currently held by the District on the Overfelt Adult Education Center Project and the Andrew Hill Title IX Modernization Project. The agreement also includes dismissal of the lawsuit with prejudice, mutual releases of claims, and subject to approval of the Governing Board. Member Lan Nguyen, Member Frank Biehl OPEN SESSION AT APPROXIMATELY 6:00 P.M. EDUCATION CENTER BOARD ROOM 3. PLEDGE OF ALLEGIANCE 4. WELCOME AND EXPLANATION TO AUDIENCE Information explaining Board meeting procedures and how citizens can address the Board will be read. Written information is located near the entrance to the Board Room. President J. Manuel Herrera extended a welcome to everyone, explained the format of the meeting and noted that all Board Meetings are recorded. 5. ADOPTION OF AGENDA For consideration by the Board of Trustees. The following agenda items will be heard out of order: Item will be heard after item BOARD SPECIAL RECOGNITION(s) No Items on Calendar Under this Section 7. Student Board Liaisons No Items on Calendar Under this Section Page 3 of 16

5 8. SPECIAL ORDER OF BUSINESS OPERATIONAL ITEMS/BOARD DISCUSSION AND/OR ACTION 8.01 The Superintendent and/or Board Member(s) may request that items be considered, discussed, and acted on out of the order indicated on the agenda as per schedule Degrees Program Presentation - Dean L. Renfrow, President of 180 Degrees Program, LLC Presentation item; no action taken Dean Renfrow, President of 180 Degrees Program, was recognized for his ongoing support to the students and staff of the East Side Union High School District Presentation and/or Discussion on the Annual Energy Savings and Performance Report of the Solar Program, Year 3 - Marcus Battle, Associate Superintendent of Business Services, David Baldwin, Director, Energy Management, and Emily Douglas, Program Development Manager from OpTerra Energy Services Presentation item; no action taken 9. PUBLIC HEARING(S) OPERATIONAL ITEMS/BOARD DISCUSSION AND/OR ACTION No Items on Calendar Under this Section 10. PUBLIC MEMBERS WHO WISH TO ADDRESS THE BOARD OF TRUSTEES Members of the public may address the Board on any subject not on tonight s agenda; however, provisions of the Brown Act (Government Code Section (a) and ) preclude any action. As an unagendized item, no response is required from the Board or District staff and no action can be taken; however, the Board may instruct the Superintendent to agendize the item for a future meeting. Any person may address the Board on any item on the meeting agenda. Persons wishing to address the Board must fill out a gold request form, which is located at the entrance of the Board Room. When your name is called, please come to the podium, state your name for the record, and limit your remarks to three (3) minutes. There were no public speakers. Page 4 of 16

6 11. BOARD OF TRUSTEES/SUPERINTENDENT - OPERATIONAL ITEMS/BOARD DISCUSSION AND/OR ACTION Discussion and/or Action to Approve Resolution #2014/ to Adopt Conflict of Interest Code and to Receive and Adopt Second Reading of Amended Board ByLaw #9270 Conflict of Interest and Revolving Door Restrictions Chris D. Funk, Superintendent, and Rogelio Ruiz, Legal Counsel Motion by Vice President Van Le, second by Member Lan Nguyen, to receive and approve Resolution #2014/ to adopt the Conflict of Interest Code and receive and adopt the second reading of Board ByLaw #9270 Conflict of Interest and Revolving Door Restrictions and Appendix Discussion and/or Action to Receive and Adopt the Second Reading of Revised Board Policy #1220 Citizen Advisory Committees - Chris D. Funk, Superintendent, and Rogelio Ruiz, Legal Counsel Motion by Member Lan Nguyen, second by Member Frank Biehl, to receive and adopt the second reading of the draft amendments to Board Policy #1220 Citizen Advisory Committees Discussion and/or Action to Receive and Adopt the Second Reading of Draft Proposed Recommended Amendments to Citizens' Bond Oversight Committee ByLaws - Chris D. Funk, Superintendent, and Rogelio Ruiz, Legal Counsel Motion by Vice President Van Le, second by Member Frank Biehl, to receive and adopt the second reading of the draft amendments to the ByLaws of the Citizens' Bond Oversight Committee. 12. INSTRUCTIONAL SERVICES/STUDENT SERVICES - OPERATIONAL ITEMS/BOARD DISCUSSION AND/OR ACTION Presentation, Discussion and/or Action regarding Strategic Plan Key Performance Measure Data Points - Juan Cruz, Associate Superintendent of Educational Services Presentation item; report accepted Page 5 of 16

7 12.02 Presentation, Discussion and/or Action regarding Summer School 3-Year Trend - Juan Cruz, Associate Superintendent of Educational Services Presentation item; no action taken Receive the Third Valenzuela/CAHSEE and Williams Settlement Uniform Complaints Quarterly Report for Period Covering July 1, 2014, through September 30, 2014, as required by EC (Williams Settlement Legislation SB550 and AB2727) - Juan Cruz, Associate Superintendent of Educational Services Motion by Member Frank Biehl, second by Member Lan Nguyen, to accept the Third Quarterly Valenzuela/CAHSEE and Williams Settlement Uniform Complaint report for the period covering July 1, 2014, through September 30, 2014, as required by EC (Williams Settlement Legislation SB550 and AB2727) Discussion and/or Action to Receive and Adopt the Second Reading of Proposed Amendment to Board Policy Alcohol and Other Drugs - Juan Cruz, Associate Superintendent of Educational Services Motion by Member Frank Biehl, second by Vice President Van Le, to receive and adopt the second reading of the proposed amendment to Board Policy Alcohol and Other Drugs Discussion and/or Action to Approve Agreement and Adopt Resolution #2014/ Authorizing the Acceptance of Mayor s Gang Prevention Task Force Agreements with the City of San Jose from July 1, 2013, through September 30, Juan Cruz, Associate Superintendent of Educational Services, and Jennifer Klassen, Coordinator of Student Services Motion by Clerk Magdalena Carrasco, second by Member Lan Nguyen, approve the Agreement and adopt Resolution #2014/ Authorizing the Acceptance of Mayor s Gang Prevention Task Force Agreements with the City of San Jose from July 1, 2013, through September 30, Page 6 of 16

8 13. BUSINESS SERVICES - OPERATIONAL ITEMS/BOARD DISCUSSION AND/OR ACTION Discussion and/or Action to Approve the Contract(s) for Professional Services Over $25,000 - Marcus Battle, Associate Superintendent of Business Services, André Bell, Assistant Director of Capital Accounting and Purchasing, and Donna Bertrand, C.P.M., Contracts Administration Coordinator Motion by Member Frank Biehl, second by Clerk Magdalena Carrasco, to approve the contract(s) for professional services over $25,000 as recommended (attached) and authorization for the Superintendent and/or designee to execute amendments to the Agreement that may be needed during the term, provided such amendments do not: (i) extend the term of the contract; (ii) increase the price of goods or services provided under the contract by greater than ten percent (10%) of the contract amount, but not to exceed $25,000 exclusive of any approved amendments in the aggregate); or (iii) alter the quality or quantity of services or goods provided under the Board approved contract per Board Policy Discussion and/or Action to Authorize Oak Grove High School Band Boosters, a School Connected Organization, to Solicit Contributions or Funds per Education Code 51520(a) and Marcus Battle, Associate Superintendent of Business Services, Karen Poon, Director of Finance, and Kelly Kwong, Senior Manager of Internal Controls Motion by Vice President Van Le, second by Member Lan Nguyen, to authorize Oak Grove High School Band Boosters, a School Connected Organization, pursuant to Education Code 51520(a) and to solicit contributions or funds on any District site for nonpartisan and charitable purposes for the benefit of District students with the condition that they must submit their financial statements and reconciled bank statements 30 days after each calendar quarter. Page 7 of 16

9 13.03 Discussion and/or Action to Approve Request for a One-Time Waiver of Board Policy to Allow for a Fireworks Display at Mt. Pleasant High School on November 14, Marcus Battle, Associate Superintendent of Business Services Public speaker: Emilio Gutierrez Motion by Member Frank Biehl, second by Clerk Magdalena Carrasco, to approve the request for a one-time waiver of Board Policy to allow for a fireworks display at Mt. Pleasant High School, subject to the conditions as presented and the approval from the San Jose Fire Marshall Discussion and/or Action to Receive and Adopt Second Reading of Proposed New, Amended and Deleted Business and Noninstructional Operations Board Policy Series - Marcus Battle, Associate Superintendent of Business Services Motion by Member Frank Biehl, second by Vice President Van Le, to receive and adopt the second reading of the proposed new, amended, and deleted Business and Nonistructional Operations Board Policy series, except Board Policy #3350 Travel Expenses. Board Policy #3350 will be reviewed further by Legal Counsel, specifically the wording related to tips and gratuities, and will be resubmitted for consideration and adoption by the Board of Trustees. 14. HUMAN RESOURCES - OPERATIONAL ITEMS/BOARD DISCUSSION AND/OR ACTION Discussion and/or Action to Approve Variable Term Waiver Request for Certificated Employee - Cari Vaeth, Associate Superintendent of Human Resources Motion by Member Frank Biehl, second by Member Lan Nguyen, to approve the variable term waiver request for certificated employee. Page 8 of 16

10 14.02 Discussion and/or Action to Approve Classified Job Description and Salary Range for Data Assurance and Accountability Specialist - Cari Vaeth, Associate Superintendent of Human Resources Motion by Vice President Van Le, second by Member Lan Nguyen, to approve the classified job description and salary range for Data Assurance and Accountability Specialist Discussion and/or Action to Approve Classified Job Description and Salary Range for Data Dissemination, Support and Training Specialist - Cari Vaeth, Associate Superintendent of Human Resources Motion by Member Frank Biehl, second by Member Lan Nguyen, to approve the classified job description and salary range for Data Dissemination, Support and Training Specialist Discussion and/or Action to Approve Classified Job Description and Salary Range for Information Data Analyst - Cari Vaeth, Associate Superintendent of Human Resources Motion by Vice President Van Le, second by Member Frank Biehl, to approve the classified job description and salary range for Information Data Analyst. 15. FACILITIES - OPERATIONAL ITEMS/BOARD DISCUSSION AND/OR ACTION Discussion and/or Action to Approve the Bond/Capital Projects Contract(s) Over $50,000 - Marcus Battle, Associate Superintendent of Business Services, Linda da Silva, Director of Construction, Maintenance and Facilities, André Bell, Assistant Director of Capital Accounting and Purchasing, and Janice Unger, Capital Projects Purchasing Manager Motion by Member Frank Biehl, second by Clerk Magdalena Carrasco, to approve the bond/capital projects contract(s) as presented (attached); and to authorize the Superintendent and/or designee to execute amendments to the Agreement that may be needed during the term up to ten percent (10%) of the original Board-approved contract amount, but not to exceed $175, in total and change orders to contracts for capital construction related professional services up to ten percent (10%) of the original contract value, but not to exceed $50, as per Board Policy Page 9 of 16

11 15.02 Ratify Staff Delegation to Make a Finding that the Independence High School Performing Arts Center - Building F Modernization Project is Substantially Complex and is Subject to Ten Percent (10%) Retention - Marcus Battle, Associate Superintendent of Business Services, Linda da Silva, Director of Construction, Maintenance and Facilities, André Bell, Assistant Director of Capital Accounting and Purchasing, and Janice Unger, Capital Projects Purchasing Manager Motion by Member Lan Nguyen, second by Member Frank Biehl, to ratify the staff's finding that the Independence High School Performing Arts Center - Building F Modernization Project is substantially complex and is subject to ten percent (10%) retention Discussion and/or Action to Ratify CUPCCAA Informal Bond Project(s) - Marcus Battle, Associate Superintendent of Business Services, Linda da Silva, Director of Construction, Maintenance and Facilities, André Bell, Assistant Director of Capital Accounting and Purchasing, and Janice Unger, Capital Projects Purchasing Manager Motion by Vice President Van Le, second by Member Frank Biehl, to ratify the CUPCCAA informal project(s) as presented. Page 10 of 16

12 Consent / Action Calendar Sections All items listed under the Consent/Action Calendar are considered by the Board to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the Board considers the motion, unless members of the Board or the Superintendent request specific items to be discussed and/or removed from the Consent/Action Calendar. Superintendent asserts that the following Business Transactions, Personnel Actions, Maintenance of Records, Approvals and Recommendations requiring Board Action have been carried out to the best of his knowledge in accordance with the law. Motion by Member Lan Nguyen, second by Member Frank Biehl, to approve the entire consent/action calendar, sections 16-20, as presented. Member Lan Nguyen, Member Frank Biehl 16. Board of Trustees / Superintendent - Consent / Action Calendar Ratify/Approve Board Member(s) Lawful Expenses/Mileage to Conferences/ Workshops/Meetings Ratify/Approve Superintendent's Attendance and Lawful Expenses to Conferences/ Workshops/Meetings Approve Minutes of September 18, 2014, Regular Board Meeting Approve Minutes of September 20, 2014, Board Retreat 17. Instructional Services / Student Services - Consent / Action Calendar Approve School Field Trips 18. Business Services - Consent / Action Calendar Approve Award of Bids and Request for Proposals Ratification of Contract(s) for Professional Services At or Below 25, Approve Memoranda of Understanding Approve Purchase Orders Approve Change Orders to Purchase Orders Page 11 of 16

13 18.06 Accept Report of Credit Card Purchases for Statement Dated August 22, Approve Budget Transfers for the Month of September, Accept Warrant Register for the Month of September, Human Resources - Consent / Action Calendar Ratify/Approve Classified Personnel Actions Presented October 16, Ratify/Approve Certificated Personnel Actions Presented October 16, Ratify/Approve Student Aide Personnel Actions Presented October 16, Facilities - Consent / Action Calendar Ratification of Bond/Capital Projects Contract(s) for Professional Services At or Below $50, Approve Award of Bids and Request for Proposals for Bond/Capital Projects Amend Final Change Order #1 for Overfelt Adult Center Increment 1 & 4 Project, E (Cal-Pacific Construction, Inc.) Bid #: B , PO # Amend Final Change Order #2 for Andrew Hill High School Title IX Interior Modernization Project, E (Cal-Pacific Construction, Inc.) 21. WRITTEN REPORTS/RECOMMENDATION Receive Update to Previously Approved Allowance for the Current Andrew Hill High School New Building 100 Classroom Modernization Item received Receive from Santa Clara County Office of Education the Approval Letter for the Adopted Budget Public speaker: Marisa Hanson, ESTA President Item received Page 12 of 16

14 22. FUTURE AGENDA ITEMS Opportunity for Board of Trustees to Request Items on Future Agendas Board Vice President Van Le Item Date (tentative) Type Process for Board Member Carrasco s Replacement November, 2014 Discussion/Action After School Programs/Homework Centers TBD Written Report English Language Development (ELD) Report TBD Written Report Future Items Board President J. Manuel Herrera & Board Member Frank Biehl Item Date (tentative) Type PE Credit January, 2015 Presentation/Discussion Board Vice President Van Le Item Date (tentative) Type Child Nutrition Services: Meals November 20, 2014 Presentation/Discussion Failed Courses Quarterly Written Report Board Member Frank Biehl Item Date (tentative) Type No Child Left Behind (NCLB) November, 2014 and Magnet Program Transfer Written Report Requests Establish Task Force to Review Schools' Start Times TBD Discussion/Action Board Member Lan Nguyen Item Date (tentative) Type International Baccalaureate (IB) Program November, 2014 Presentation/Discussion Page 13 of 16

15 22.03 Annual Governance Calendar July Summer School Program (concludes session) Summer School Graduation August Board Retreat Expulsion Hearing Panel Committee First Day of School Williams Quarterly Report September Board Study Session/Workshop College Night Conflict of Interest/Board Policy (updates) Public Hearing and Adoption: Gann Spending Limit Public Hearing: Sufficiency or Insufficiency of Textbooks Unaudited Actuals October Bond Program Presentation Solar Energy Presentation Student Achievement Presentation Superintendent s Annual Evaluation Williams Quarterly Report November Board Study Session/Workshop Election Orientation for New Board Members December Annual Organizational Board Meeting CSBA Annual Conference Election Orientation for New Board Members End of First Semester First Interim Report Receive Annual Developer Fees Report Superintendent s Mid-Year Evaluation January Audit Report Board Audit Committee Selections/Appointments Board Retreat Financial & Performance Audit Report for Bond Measures Magnet Night Martin Luther King, Jr. Writing, Art & Multi-Media Awards Ceremony & Reception Policies & ByLaws (Begin Review by Series) Sports Recognitions (Fall) Technology Report Williams Quarterly Report February African American Students Achievement Awards Audit Committee Charter Amendment(s) CSBA Delegate Assembly Election Non-Re-Elects March Cesar Chavez Writing, Art & Multi-Media Awards Luncheon March 15 Notices Safety Plan Goals for Each Site Second Interim Report SJPD Secondary Employment Application Vietnamese Students Achievement Awards April Board Study Session/Workshop Form 700 Statement of Economic Interests Due to Santa Clara County (filing) Honor Nights Latino Student Awards Migrant Education Awards Night NSBA Annual Conference Williams Quarterly Report May Board Self-Evaluation Budget (Preliminary/Draft) Presentation Employee Recognition Event Graduations Honor Nights Last Day of School Sports Recognitions (Winter/Spring) June Budget (Preliminary) with May Revisions Public Hearing (first June Board Meeting) Budget Adoption (second June Board Meeting) Employee Retirement Celebration ESTA Safety Survey Master Contracts for Capitol Projects Plan for Expelled Youth (due every three years 2015) Program Improvement Update Safety Plan Assessment for Each School Single Plan for Student Achievement (SPSA) for Each School Summer School Program (session begins) Superintendent s Annual Evaluation Page 14 of 16

16 23. BOARD OF TRUSTEES/SUPERINTENDENT COMMUNICATIONS/COMMENTS Board of Trustees Lan Nguyen, Board Member I am glad to be back and meeting with the Board. Most of you know that I had an emergency appendectomy the day after the Board meeting last month. I am happy to be back. Van Le, Board Vice President My company has put out some grants for all high schools to celebrate My Drive, from $25,000 to $100,000. I hope that one of our high schools will receive the grant. Last week, I attended the American Leadership Forum. They talked about how we measure assessment without API and how do we engage parents. I also attended last week the Latino/Latina Role Model Conference. The program was very interesting. I would like to see if they could do same type of program for Vietnamese students. In the next couple of weeks, I will be visiting schools. I would like thank the Principals for working with my schedule. Frank Biehl, Board Member I really had an enjoyable time at College Day at Overfelt High School on October 10. I enjoyed seeing all the college-related activities happening on the campus that day. On the 11th, I attended the Latino/Latina Role Model Conference where Manuel Herrera was a featured speaker. They were both very good experiences. J. Manuel Herrera, Board President The Latino/Latina Role Model Conference went on this past weekend, Saturday, for the 24th consecutive year. It is put on by the Herrera Family, led by my brother, Esau Herrera, my sister, Rebecca Rivera, and others from the family and close friends. We typically have students at 8 AM on a Saturday morning through the morning and the afternoon and a very vibrant and alive crowd of students. I had the privilege of delivering the keynote for a good six minutes. I really enjoyed it. My brother, Esau, said afterwards that, in the written evaluations, that there were a few very positive comments about my remarks. Magdalena Carrasco, Board Clerk (no comments made) Chris D. Funk, Superintendent No report/comments Page 15 of 16

17 24. REPORT CLOSED SESSION ACTION(S) Legal Counsel will report on Closed Session action item(s). See section 2.0 for reporting out of Closed Session items. 25. ADJOURNMENT President adjourns the meeting. President J. Manuel Herrera adjourned the meeting at 8:10 PM. Respectfully submitted, Board Clerk Page 16 of 16

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