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Regular Board Meeting
Los Gatos Un. ESD
January 20, 2015 6:30PM
Thomas P. O'Donnell District Office 17010 Roberts Road Los Gatos, CA 95032-4510

A. CALL TO ORDER (5:00 p.m.)
A.1. Roll Call
A.2. Approval/Amendment of the Closed Session Agenda
B. CLOSED SESSION
B.1. Conference with Legal Counsel - Anticipated Litigation - Significant Exposure to litigation pursuant to subdivision (b) of Government Code Section §54956.9
B.2. Public Employee Performance Evaluation pursuant to Government Code §54957; Superintendent's Mid-Year Evaluation
C. REGULAR SESSION (6:30 p.m.)
C.1. Flag Salute
C.2. Report Out of Closed Session
C.3. Approval/Amendment of Agenda
C.4. New CSBA Agenda Online
Rationale:
Maggi Reser, Director of Technology, Accountability & Assessment, will give a brief overview on the new Agenda Online system used for the development of Board agendas.
 
Attachments:
CSBA Agenda Online_UserGuide
C.5. Public Comment
Quick Summary / Abstract:
This is the opportunity for members of the public to address the Governing Board on any item described in this notice or any other issue. In accordance with the Brown Act, unless an item has been placed on the published agenda, there shall be no action taken. The Board may: 1) acknowledge receipt of the information, 2) refer to staff for further study, or 3) refer the matter to the next Board meeting agenda.
C.6. Showcase of Daves Avenue Elementary School
Quick Summary / Abstract:
Principal Kit Bragg will showcase the unique program offerings at Daves Avenue Elementary School.
Recommended Motion:
This is for informational purposes only. No action will be taken.
Financial Impact:
There is no financial impact at this time.
C.7. Superintendent's Report
D. CONSENT AGENDA
Quick Summary / Abstract:
Information concerning the consent items listed below has been forwarded to each Board member prior to the meeting for study. All items on the consent agenda will be approved with one motion which is not debatable and which requires unanimous vote for passage. If any member of the Board, the Superintendent, or the public so requests, an item shall be removed from the section and placed on the regular order of business following the approval of the consent agenda.
D.1. MinutesWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The minutes for the Organizational Board meeting, December 9, 2014 and the Regular Board meeting, December 9, 2014 are presented to the Governing Board for approval and action. It is the recommendation of the Superintendent that the Governing Board approve the minutes as presented.
Recommended Motion:
It is the recommendation of the Superintendent that the Governing Board approve the minutes as presented.
Attachments:
Minutes Organzational Meeting, 12/09/14 01_20_15
Minutes Regular Meeting, 12/09/14 01_20_15
D.2. Warrant Register
Quick Summary / Abstract:
The warrant register for the month of December, 2014 is presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the warrant register for the payment of invoices for goods and services as presented.
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the warrant register for the month of December, 2014 for the payment of invoices for goods and services as presented.
Attachments:
December Warrant Register 01_20_15
D.3. Service Contracts
Quick Summary / Abstract:
The service contracts as of January 20, 2015 are presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the service contracts for the payment of services as presented.
Rationale:
The following service contracts are requested by various departments and listed for your approval:

Rhoda Farber
"Substitute Principal at Daves Avenue Elementary School”
Contract Term:  01/20/15 – 02/28/15
Unrestricted – General Fund
$125 per hour, not to exceed $10,000

Stephen Roatch Accountancy
"Financial Audit for the FY 2014-15”
Contract Term:  01/20/15 – 01/19/16
Unrestricted – General Fund
$27,600

Stephen Roatch Accountancy
"Financial and Performance Audit for the Measure E Program, FY 2014-15”
Contract Term:  01/20/15 – 01/19/16
Restricted – Measure E/Fund 40
$4,500

Rubicon International
"Atlas/Rubicon Professional training for certificated staff”
Contract Term:  01/21/15 – 01/21/15
Restricted – General Fund
$2,200

Patrick Orozco
"Ohlone Tribe Presentation at Lexington Elementary School, 3rd grade”
Contract Term:  02/06/15 – 02/06/15
Restricted – Gifts/Donations
$200

Los Gatos Bird Watcher
"Nesting bird classes at Blossom Hill Elementary School, kindergarten”
Contract Term:  04/13/15 – 04/16/15
Restricted – Gifts/Donations
$2,200

The following service contracts are requested by various departments are presented for ratification:

Alex Hsu
"Dance lessons for 2015 Louise Van Meter Elementary play”
Contract Term:  01/01/15 – 03/30/15
Restricted – Gifts/Donations
$1,600

Janice Engelgau
"Choreography 2015 Louise Van Meter Elementary play”
Contract Term:  01/01/15 – 03/30/15
Restricted – Gifts/Donations
$3,732

Carlo Armijo
"Band teacher at Fisher Middle School”
Contract Term:  01/05/15 – 03/30/15
Restricted – Gifts/Donations
$1,800

Steven Martinez
"Percussion instructor at Fisher Middle School”
Contract Term:  01/05/15 – 03/30/15
Restricted – Gifts/Donations
$1,800
 
Recommended Motion:
The service contracts as of January 20, 2015 are presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the service contracts for the payment of services as presented.
Financial Impact:
Financial impact is outlined by each contract.
D.4. Personnel Report
Quick Summary / Abstract:
The personnel report as of January 20, 2015 is presented to the Governing Board for approval and action.
Rationale:
Classified Employment
Kristina Kirkland has been offered a Probationary Behavioral Interventionist position district-wide (0.075  FTE) effective January 5, 2015.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve all actions as presented.
Financial Impact:
The Los Gatos Elementary Education Foundation is funding this position.
D.4.1. Ratification of Superintendent's ContractWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The Governing Board will take action on the Superintendent's contract pursuant to Government Code section 53262.
Rationale:
Ratification of Superintendent's Contract Dr. Diana Abbati
The California State Teachers' Retirement System (CalSTRS) recently adopted new regulations effective January 1, 2015 outlining creditable compensation. The regulations provide definitions, guidance and greater specificity as to how compensation is to be structured in employment agreements for certificated administrative employees and reported to CalSTRS.  As a result, the Superintendent and Assistant Superintendent-Educational Services/HR revised contracts have been restructured in compliance with applicable CalSTRS regulations.
 
Attachments:
Superintendent's Employment Agreement 2014_2017
D.4.2. Ratification of Assistant Superintendent-Educational Services/HR ContractWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The Governing Board will take action on the Assistant Superintendent-Educational Services/HR's contract pursuant to Government Code section 53262.
Rationale:
Ratification of Assistant Superintendent's Contract Marla Rodriguez
The California State Teachers' Retirement System (CalSTRS) recently adopted new regulations effective January 1, 2015 outlining creditable compensation. The regulations provide definitions, guidance and greater specificity as to how compensation is to be structured in employment agreements for certificated administrative employees and reported to CalSTRS.  As a result, the Superintendent and Assistant Superintendent-Educational Services/HR revised contracts have been restructured in compliance with applicable CalSTRS regulations.
 
Attachments:
Assistant Superintendent-Educational Service Contract 2014-2017
D.5. Certificated Seniority List for the 2014-2015 School YearWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The Certificated Seniority list for 2014-2015 school year is presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the Certificated Seniority list for the 2014-2015 school year as presented.
Rationale:
Attached is the current Certificated Seniority list for the 2014-2015 school year.  This list is kept on file in the Human Resources Office and updated throughout the year as changes occur.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the Certificated Seniority list for the 2014-2015 school year as presented.
Financial Impact:
There is financial impact at this time.
Attachments:
Certificated Seniority 2015_01_20_15
D.6. School Accountability Report Cards (SARC) 2013-2014Was edited within 72 hours of the Meeting
Quick Summary / Abstract:
The School Accountability Report Cards for 2013-2014 are presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the School Accountability Report Cards for 2013-2014 school year as presented.
Rationale:
Pursuant to Education Code Section 35256, state law requires all public schools receiving state funding to prepare and distribute a School Accountability Report Card (SARC). A similar requirement is also contained in the federal No Child Left Behind (NCLB) Act. The purpose of the report card is to provide parents and the community with important information about each public school. Attached are the following:

SARC - Blossom Hill
SARC - Daves Avenue
SARC - Lexington
SARC - Louise Van Meter
SARC - R.J. Fisher
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the School Accountability Report Cards for 2013-2014 as presented.
Financial Impact:
There is no financial impact at this time.
Attachments:
Blossom Hill SARC 2013-2014
Daves Avenue SARC 2013-2014
Lexington SARC 2013-2014
R. J. Fisher SARC 2013-2014
Van Meter SARC 2013-2014
D.7. Williams Quarterly Report
Quick Summary / Abstract:
The Williams Uniform Complaints Quarterly Report as of December 31, 2014 is presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the report as presented.
Rationale:
According to the settlement of the Williams case, school districts are required to report quarterly to their governing boards any complaints they have received with regard to Textbooks and Instructional Materials, Teacher Vacancy or Misassignment, or Facilities Conditions, as required by Education Code 35186.
In the fourth quarter of 2014, October 1 through December 31, 2014, there were no complaints received by the District.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent of Educational Services/HR and the Superintendent that the Governing Board approve the Quarterly Report on the Williams Uniform Complaints.
Financial Impact:
There is no financial impact at this time.
Attachments:
Williams Quarterly Report
D.8. Overnight Study TripWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
The overnight study trip for Fisher Middle School is presented to the Governing Board for approval and action. It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the overnight study trip as presented.
Rationale:

The Governing Board must approve all overnight study trips for students prior to student attendance on the trip.

• Twenty 7th and 8th grade students will be attending the California Association of Student Leadership in San Jose, at the Double Tree Hotel, March 26-28, 2015.

 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the overnight study trip for Fisher Middle School as presented.
Financial Impact:
There is no financial impact at this time. Donations are provided by the parents to cover the cost of the trip.
D.9. Proposed Los Gatos Education Foundation (LGEF) Grants for 2015-2016 School Year
Quick Summary / Abstract:
It is the recommendation of the Superintendent that the Governing Board approve the proposed personnel grants for the 2015-2016 school year as presented. Upon approval by the Governing Board, the Superintendent will present grants to LGEF for final approval.
Rationale:
A draft of the LGEF grants for the 2015-16 school year are presented to the Board of Trustees for
discussion and approval. Similar to previous years, these LGEF grants include one-time grants for
on-going certificated and credentialed personnel-related expenses.

It is the desire of the District to continue to build upon and expand programs, which are aligned with
the Los Gatos Union School District Strategic Initiatives, and to hire and retain highly-qualified
credentialed educators in the areas of music, art and counseling. LGUSD proposed personnel grants
for the 2015-2016 school year amount to a request of $930,000 of which $465,000 will be
held as a one-year reserve for personnel costs. 

                                                                                                                                                       One-Year
Grant #      Description                                                       Total Requested      2015-2016           Reserve

1                 Music Teachers – Grades 3-8 Music Teacher                   $400,000         $200,000         $200,000
2                 Music Teachers – Grades K-2                                         $180,000           $90,000           $90,000
3                 Art Teacher – Grades K-5                                               $200,000         $100,000         $100,000
4                 Counselor – Grades K-5                                                   $50,000           $25,000           $25,000 
5                 Behavior Interventionist – K-5                                        $100,000           $50,000           $50,000

                             TOTAL                                                                $930,000          $465,000        $465,000                                      
 
Recommended Motion:
It is the recommendation of the Superintendent that the Governing Board approve the above referenced grants as presented. Upon approval by the Governing Board, the Superintendent will present grants to LGEF for final approval. LGEF will need to notify the Superintendent and Board of Trustees by February 16, 2015 if the above personnel grants have been approved. Otherwise, the District will plan accordingly for the 2015-2016 school year.
Attachments:
LGEF 2015 Proposed Personnel Grants LGUSD 01_20_15
E. STRATEGIC INITIATIVE #5 (DISCUSSION/ACTION)
E.1. Public Hearing, 6:30 p.m. - Ratification of Negotiated Agreement Between LGUSD and LGUCEA and Between LGUSD and the Confidential and Classified Management Employees
Quick Summary / Abstract:
The public hearing is an opportunity for the public to provide input to the Governing Board regarding the ratification of the negotiated agreement between the Los Gatos Union School District and the Los Gatos Union Classified Employees Association and between the Los Gatos Union School District and the Confidential and Classified Management Employees
Attachments:
Public Hearing Notice 01_20_15
E.2. Ratification of the Negotiated Agreement between LGUSD and LGUCEA and the Confidential and Classified Management EmployeesWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
An agreement has been reached by the District and Classified Association regarding negotiations for the 2014-2015 school year. The agreements, which make up the changes to the contract, are attached to this item. The District and the Los Gatos Union Classified Employees Association, and the District and the Confidential and Classified Management employees agreed to language changes in regards to bereavement leave, definition of immediate family members, and professional growth hours. In addition, agreement was made to an increase in salary and in District paid contributions to medical benefits. This is an action item.
Rationale:
An agreement has been reached by the District and Classified Association regarding negotiations for the 2014-2015 school year. The agreements, which make up the changes to the contract, are attached to this item. The District and the Los Gatos Union Classified Employees Association, and the District and the Confidential and Classified Management employees agreed to language changes in regards to bereavement leave, definition of immediate family members, and professional growth hours. In addition, agreement was made to an increase in salary and in District paid contributions to medical benefits.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Educational Services/HR and the Superintendent that the Governing Board approve the agreement as indicated in the attached document.
Financial Impact:
There is no financial impact at this time.
Attachments:
Tentative Agreement Classified 2014-2015
E.3. Presentation and Approval of the 2013-14 District Financial Audit and Measure E Audits
Quick Summary / Abstract:
Assistant Superintendent-Business Services/CBO, Martin Fregoso and Stephen Roatch, District Auditor, will present the 2013-14 District Financial Audit Reports to the Governing Board as required by Education Code. This is an action item.
Rationale:
Education Code 41020.3 provides that by “January 31 of each year, the governing body of each local education agency shall review at a public meeting the annual audit of the local education agency of the prior year, any audit exceptions identified in that audit, the recommendations or findings of any management letter issued by the auditor, and any description of correction or plans to correct any exceptions or management letter issue.”

Stephen Roatch, President of Stephen Roatch Accountancy, the District’s audit firm, will present the results of the 2012-14 fiscal year audit. Also included are the performance and financial audit for the Measure E Program general obligation bonds as of June 30, 2014.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the 2013-14 District Financial Audit and Measure E program audits as presented.
Financial Impact:
There is not financial impact at this time.
Attachments:
2013-14 Audit 012015
Measure E Audit 012015
Measure E Performance Audit 012015
F. STRATEGIC INITIATIVE #3 (DISCUSSION/ACTION)
F.1. Sustainability Plan for Educational Technology for Student Devices - Attachment A Update Was edited within 72 hours of the Meeting
Quick Summary / Abstract:
Director of Technology, Assessment & Accountability, Maggi Reser will present an update on the Sustainability Plan for Educational Technology for Student Devices - Attachment A to the Governing Board for approval and action.
Rationale:
The Board requested that staff provide an annual update of the Sustainability Plan for Educational Technology for Student Devices - Attachment A. The plan was updated by the Technology Action Team (TAT) and submitted for review to the Financial Advisory Committee (FAC).  Both the TAT and the FAC approved the plan as written for Board Approval. The 2014-15 plan update is attached.
 
Recommended Motion:
It is the recommendation of the Superintendent and Assistant Superintendent Educational Services/HR that the Governing Board approve the Sustainability Plan for Educational Technology for Student Devices - Attachment A as presented.
Attachments:
Sustainability Plan Ed Tech Attachment A 01_20_15
G. STRATEGIC INITIATIVE #5 (DISCUSSION/ACTION)
G.1. GASB 45 - Other Post Employment Benefits (OPEB) 2014 Actuarial Report
Quick Summary / Abstract:
Assistant Superintendent-Business Services/CBO, Martin Fregoso, will present the 2014 GASB 45 Valuation Report to the Governing Board for approval and action.
Rationale:
The Governmental Accounting Standards Board (GASB) 45 regulation requires governmental employers, including local educational agencies (LEA’s), account for and report their costs and obligations relating to post employment benefits other than pensions (OPEB).    

The new standard does not require governmental employers to fund the OPEB plan. Rather, GASB 45 requires that employers begin to recognize, in their accrual basis financial statements only, their annual calculated OPEB cost and a liability for any difference between the annual OPEB cost and amounts actually funded. The standard also requires note disclosure and required supplementary information regarding the funded status of the OPEB plan and the employer’s progress in funding it.  

Results of the GASB 45 valuation conducted by North Bay Pensions will be highlighted during the presentation including the District’s ability to meet its future OPEB liability.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the GASB 45 2014 report as presented.
Financial Impact:
There is not financial impact at this time.
Attachments:
GASB 45 Actuarial Valuation Report 2014 012015
GASB 45 Presentation 012015
G.2. Fisher Sports Complex - Inspector Contracts
Quick Summary / Abstract:
Assistant Superintendent-Business Services/CBO, Martin Fregoso, will present inspector contracts for the Fisher Sports Complex to the Governing Board for approval and action.
Rationale:
The Fisher Sports Complex construction is expected to begin March, 2015. As required by DSA, the District must hire on inspector of record for inspecting construction on site and off-site. The District obtained proposals from Inspectacon and Acrell. These two inspectors have previously inspected District projects that have been successful. The proposed rates per hour are the same compared to previous projects. The final cost proposal was based on the projected hours needed to inspect the projects. The QSP proposal is related to water quality discharge reporting regulations, a State mandate.

These cost proposals are within the budget that was assumed for this project.
 
Recommended Motion:
It is the recommendation of the Assistant Superintendent-Business Services/CBO and the Superintendent that the Governing Board approve the inspector contracts for the Fisher Sports Complex as presented.
Financial Impact:
The total cost for is $278,630
Attachments:
Acrell - Inplant Inspector Proposal 012015
Inpectacon - QSP 012015
Inspectacon Proposal (IOR) 012015
G.3. Board of Trustees Meeting Schedule for the 2015-2016 School Year Was edited within 72 hours of the Meeting
Quick Summary / Abstract:
Superintendent Dr. Abbati will present a proposed meeting schedule for the Board of Trustees meetings for the 2015-2016 school year. The schedule is presented to the Governing Board for discussion and action.
Rationale:
A draft of the Board of Trustees meeting schedule for the 2015-2016 school year is presented to the Governing Board for discussion and action.
 
Recommended Motion:
It is the recommendation of the Superintendent that the Governing Board approve the 2015-2016 meeting schedule as presented.
Financial Impact:
There is no financial impact at this time.
Attachments:
BOT Meetings 2015_16 DRAFT 01_20_15
G.4. Board Policies - First ReadingWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
Board Policies set guidelines and procedures for Governing Boards and school officials to follow and enforce. The California School Boards Association (CSBA) sends quarterly updates to School Districts with recommended changes per mandates. A first reading of the revised Board Policies are presented to the Governing Board for discussion.
Rationale:
The Board is responsible for overseeing the development of and adopting Board Policies (BP). Policies set direction and goals for the District and its schools, assign authority, and are the means by which educators are accountable to the public. During the course of each school year, the Board will review all policies changes as recommended by CSBA and staff.

BP/AR 1312.3 – Uniform Complaint Procedures
BP 5131.2 – Students, Bullying
BP/AR 5145.3 – Students, Nondiscrimination/Harassment
BP/AR 5145.7 - Sexual Harassment
 
Recommended Motion:
A first reading of the attached Board Policies are presented to the Governing Board for review and discussion. All edits are underlined and were reviewed and revised by District staff. The policies will be presented to the Board for final approval at the February 24, 2015 Board meeting. Once adopted, CSBA will upload the policies to Gamut Online.
Financial Impact:
There is no financial impact at this time.
Attachments:
BP 1000, First Reading 01_20_15
BP 5000, First Reading 01_20_15
H. BOARD ITEMS
H.1. Subcommittee Reports of the Board of Trustees
H.2. Correspondence
Quick Summary / Abstract:
• Town of Los Gatos, letter dated December 16, 2014 • Division of State Architect, letter dated January 5, 2015 • Santa Clara County Office of Education, letter dated January 15, 2015
Attachments:
Divison of State Architect 01_20_15
Santa Clara County Office of Education, 01_20_15
Town of Los Gatos 01_20_15
H.3. Board Comments
H.4. LGUSD Governance and Planning Calendar
Quick Summary / Abstract:
This information is provided to the Governing Board for discussion and planning purposes. Agenda items are subject to changes and modifications throughout the year.
Attachments:
Governance and Planning Calendar 2014_15 01_20_15
H.5. Future Board MeetingsWas edited within 72 hours of the Meeting
Quick Summary / Abstract:
• Special Board Meeting – February 10, 2015 at 6:30 p.m. • Special Board Meeting – February 12, 2015 at 8:00 a.m. (Summit 5 at Los Gatos Lodge) • Special Board Meeting – March 3, 2015 at 6:00 p.m. (Special Joint Study Session with the Town of Los Gatos at Town Hall) • Regular Board Meeting – February 24, 2015 at 6:30 p.m. • Regular Board Meeting – March 10, 2015 at 6:30 p.m.
I. ADJOURNMENT (10:30 p.m.)

The resubmit was successful.