CHULA VISTA ELEMENTARY SCHOOL DISTRICTschools.cvesd.org/district/district/BoardMeetingMinutes/Reg Minutes... · Motion: TREMPER, Second: TAMAYO, Absent: BEJARANO Vote: FOUR A YES

CHULA VISTA ELEMENTARY SCHOOL DISTRICT

84 EAST "J" STREET • CHULA VISTA, CALIFORNIA 91910 • (619) 425-9600 EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH

MINUTES BOARD OF EDUCATION

Regular Meeting April 13, 2016

6 P.M.

Dr. Lowell J. Billings Board Room Education Service and Support Center

ORDER OF BUSINESS

1. OPENING PROCEDURES

A. Call to Order

President Reyes called the meeting to order at 6 P.M.

B. Roll Call

Members Present: Dr. Eduardo Reyes, President Mrs. Marissa A. Bejarano, Vice President (Arrived at 6:15 P.M.)

Ms. Glendora M. Tremper, Clerk Mrs. Leslie Ray Bunker, Member Mr. Francisco Tamayo, Member

Members Absent: None.

Others Present: Dr. Francisco Escobedo, Superintendent Mr. Oscar Esquivel, Asst. Supt. , Business Services Dr. Jeffrey Thiel, Asst. Supt., Human Resources

Opening Procedures

Mr. Matthew R. Tessier, Executive Director, Technology and Instruction Ms. Laura Casas, Secretary, MyrtleS. Finney Elementary Mr. Mauricio Martinez, Communications Supervisor Mrs. Soreli M. Norton, Asst. to the Superintendent and Board of Education

C. Pledge of Allegiance Led by Students from Castle Park, Chula Vista Hills, Harborside, Lilian J. Rice, Valley Vista, and Wolf Canyon Elementary Schools

Student Shiva Yabut (Wolf Canyon) led the Pledge of Allegiance. Shiva joined students Isabel Flores (Rice), Victoria Flores (Castle

CVESD/BOARD MEETING MINUTES 114 APRIL 13, 2016

Park), Julian Rodriguez (Chula Vista Hills), Victoria Ramos (Harborside), and Arianna Torres (Valley Vista) in speaking on activities at their respective schools.

Administrators from each of the schools accompanied the students to the meeting. The artwork displayed in the Dr. Lowell J. Billings Board Room was prepared by the six schools.

President Reyes thanked the students and presented each of them with a Certificate of Appreciation and a stylus pen engraved with the District's name.

2. APPROVE AGENDA (Action) Approve Agenda Motion: TREMPER, Second: TAMAYO, Absent: BEJARANO Vote: FOUR A YES

3. SPECIAL RECOGNITION, ORAL PRESENTATIONS, WRITTEN Presentations/ REPORTS, AWARDS, AND HONORS Awards

A. Report on District Cohort Schools: Castle Park, Chula Vista Hills, Harborside, Lilian J. Rice, Valley Vista, and Wolf Canyon Elementary for the 2014-15 School Year

Mr. Tessier introduced Principal Lead Debra Mclaren (Wolf Canyon) and the report started with Students Taylor Friend, Micaela Luffborough, Yaretzi Martinez, and Dakota Sandoval (Wolf Canyon) reciting a poem.

Mrs. Mclaren presented the members of her cohort by schoolPrincipal Alicia Moreno (Castle Park), Jacob Ruth (Chula Vista Hills), Principal Erik Latoni and Associate Principal Delia Diaz Ornelas (Harborside), Principal Veronica Konkoly and Associate Principal Laura Kaplan (Rice), Principal Carmen Emery (Valley Vista), and Associate Principal Dr. Beverly Prange (Wolf Canyon). The group presented a video to report on the cohort's efforts to support Local Control and Accountability Plan (LCAP) goals and on the results of the California Assessment of Student Performance and Progress (CAASPP). They also answered questions from Board Members.

Board Members thanked the students and the presenters. They remarked on several areas, such as Wolf Canyon's military ambassadors program and Castle Park's Chavistas Book Club.

President Reyes and presented each of the students with a Certificate of Appreciation and a stylus pen engraved with the District's name.

CVESD/BOARD MEETING MINUTES 115 APRIL 13, 201 6

B. Report on the Status of English-Language Arts/English-Language Development Textbook Adoption

Mr. Tessier introduced Executive Director of Curriculum and Instruction Gloria Ciriza. Ms. Ciriza and Teacher Susan Skala (Chula Vista Hills) provided an update regarding the District's process for adopting English-Language Arts/English-Language Development textbooks. The report included an overview of the next steps. Presenters also answered a variety of questions regarding the process and the publishers from Board Members.

Board Members thanked Mrs. Ciriza and Ms. Skala for the report.

4. ORAL COMMUNICATIONS

Oral Communications provides the public with an opportunity to address the Board on non-agenda items. Speakers are requested to limit their remarks to five minutes. The Board shall limit the total time for public input on each agenda item to 20 minutes. With Board consent, the President may increase or decrease the time allowed for public presentation depending on the topic and the number of persons wishing to be heard. No Board action can be taken.

Parent Matthew Baker (Rogers) spoke regarding a personnel transfer.

Parent Angelina Miller (Marshall) spoke to appeal a zone transfer request denial and spoke on the District's transfer Board Policy.

Ms. Skala spoke as an individual to suggest a policy related to working with District vendors after retirement.

5. APPROVE CONSENT CALENDAR (Action)

The following items listed under Consent Calendar are considered by the Board in one action. There will be no discussion on these items prior to the time the Board votes on the motion unless members of the Board, staff, or public request specific items to be discussed and/or removed from the Consent Calendar.

Motion: TAMAYO, Second: BUNKER, Vote: UNANIMOUS

A. Adopt Board of Education Meeting Minutes: Regular Meeting March 9, 2016

B. Approve and/or Ratify Human Resources Items A Through M

Dr. Thiel introduced two new employees: Bus Attendant Lakendria Gambrell (Transportation) and Special Education Teacher Michael Thomas (Halecrest). He also acknowledged a third new employee,

Oral Communications

Consent Calendar

2015-16.80

CVESD/BOARD MEETING MINUTES 11 6 APRIL 13, 2016

Custodian Modesto Huirache (Liberty), who was not able to attend the meeting because he was at work.

C. Adopt Resolution in Recognition of Classified School Employees and 2015-16.81 Designating May 15-21, 2016, as Classified School Employee Week in the Chula Vista Elementary School District

D. Adopt Resolution in Recognition of School Nurses and Designating 2015-16.82 May 11, 2016, as School Nurse Day in the Chula Vista Elementary School District

E. Adopt Resolution in Recognition of Teachers and Designating 2015-16.83 May 11,2016, as Dayofthe Teacher in the Chula Vista Elementary School District

F. Approve Memorandum of Understanding with Chula Vista Educators Regarding Nurse Experience Credit for Purposes of Initial Salary Placement

G. Adopt Resolution Designating May 2-6, 2016, as National Charter 2015-16.84 Schools Week in the Chula Vista Elementary School District

H. Review Quarterly Report to the San Diego County Office of Education on Williams Complaints for the Period of January Through March 2016

I. Ratify Subcontract Agreement with South Bay Community Services for Chula Vista Promise Neighborhood for the Period of January 1 Through December 31, 2016

J. Authorize Staff to Enter Into a Volume License Agreement with Microsoft Corporation Through SHI International Corp. as a Large Account Reseller of Microsoft Corporation Software for the Period of July 1, 2016, Through June 30,2017

K. Adopt Resolution Approving the Chula Vista Elementary School 2015-16.85 District's 2015-16 Education Protection Account Expenditures

L. Approve Overnight Study Trips for Fourth Grade Students from Chula Vista Hills Elementary School to the Star of India on May 13-14, 2016

M. Accept Donation 2015-16.86

N. Ratify Purchase Orders, Warrants, and Checks Written/Issued 2015-16.87 Through March 31, 2016

0. Approve and/or Ratify lnservice/Travel Requests 2015-16.88

P. Approve and/or Ratify Requests for Use of District Facilities 2015-16.89


6. PUBLIC HEARINGS

A. (1) Conduct Public Hearing Regarding the Formation of Community Facilities District No. 19 (PA 12 Freeway Commercial and Portions of Otay Ranch Village 2); and

President Reyes opened the public hearing and asked if anyone wished to address this item. No one spoke on this item.

Public Hearings

(2) Adopt Resolution Continuing Public Hearing Regarding the 2015-16.90 Formation of Proposed Community Facilities District No. 19, the Levy of a Special Tax Within Proposed Community Facilities District No. 19, and Related Matters

Mr. Esquivel explained that a resolution was required to continue the public hearing to receive comments regarding the formation of proposed Community Facilities District No. 19, the levy of a special tax, and other related matters. He said the public hearing would be continued to the May 4, 2016, Board meeting.

Motion: TAMAYO, Second: BUNKER, Vote: UNANIMOUS

B. (1) Conduct Public Hearing ; and

Mr. Esquivel said the item related to a required process to levy developer fees on properties that are not mitigated through community facilities districts and requires a public hearing and approval. He added that the District has prepared the developer fee justification study and related findings.

President Reyes opened the public hearing and asked if anyone wished to address this item. No one spoke on this item. President Reyes closed the public hearing.

(2) Adopt Resolution Approving and Adopting a Developer Fee 2015-16.91 Justification Study for New Residential and Commercial/ Industrial Development and Adopting the Fees Established Therein

Motion: BUNKER, Second: TREMPER, Vote: UNANIMOUS

7. ADMINISTRATIVE ACTION ITEMS Administrative

A. Adopt Initial Collective Negotiations Proposal from the Chula Vista Elementary School District to the Chula Vista Educators for the 2016-17 School Year

Dr. Thiel said this was the second reading and the District is requesting the Board to adopt the initial proposal to Chula Vista Educators for negotiations for the upcoming school year.

Motion: TAMAYO, Second: REYES, Vote: UNANIMOUS

Action Items


B. Approve Facilities Lease By and Between Marina Gateway, LLC, and Robert L. Mueller Charter School for the Operation of the Bayfront Charter High School Program for the Period of June 1, 2016, Through May 31 , 2031

Mr. Tessier said that Mueller Charter was initially approved in 1994 as a Kindergarten-Grade 6 charter and that in 2014, the school was approved as a Kindergarten-Grade 12 comprehensive program. He remarked that for the past several months, Mueller Charter has been in negotiations with Marina Gateway (Lessor) regarding the possibility of entering into a multiyear, long-term lease for use of 830 Bayfront Boulevard property to operate Bayfront Charter High School. Mr. Tessier explained that, to protect the District from potential liability related to the lease-including the financial obligations Mueller Charter would assume-the District required additional language in the lease providing that the obligations of the Lessor and Mueller Charter would not constitute personal obligations of the District. The District also required that the Lessor and Mueller Charter agree that the District, Board Members, agents, officers, and representatives would have no obligations under or related to the lease and that neither the Lessor nor Mueller Charter would seek recourse against the District including its Board Members, agents, or representatives. He said that early termination in the event of revocation or nonrenewal of the charter was included in the lease. Mr. Tessier ended by saying that the District's concerns regarding the length of the lease, liability, and the charter's financial viabil ity have been addressed to the District's satisfaction.

Mr. Esquivel gave a brief overview of Mueller Charter's overall fisca l position and presented a projection of the school's finances over the next five years. The report showed that Mueller Charter has a strong fiscal position and the reserves are currently at 42 percent.

Executive Director Dr. Kevin Riley and Students Esbeidy Campos, Guillermo Nogueira, and Alejandra Ponce provided a presentation that included an overview of Bayfront Charter High School.

Bayfront Students Nicholas De La Rosa and Eulises lnda; Parents Jeff Cicero, Reuben Contreras, Sherrie Morris, Pamela Pekarek, Karina Ramirez, DeShonda Roberts, and Brian Wicklund ; Teacher Linda Libby; and Counselor Ryan Santos spoke to share their experiences at Bayfront Charter High School and to express their support for approval of the lease.

Board Members asked a number of questions regarding stipulations of the lease-mainly concerning the duration-that were answered by Mr. Esquivel, Mr. Tessier, Dr. Reilly, and Hughes Marino Vice President Zach Millrood [who represented Mueller Charter in lease negotiations].


Board Members thanked Mueller Charter and District staff for the due diligence and for renegotiating portions of the lease to help Board Members feel comfortable with the proposal. Board Members also thanked Mueller Charter, students, parents, and staff members for attending the Board meeting.

Clerk Tremper said, in the interest of full disclosure, that she has been a very involved District parent since her son was attending Cook Elementary and that when it was time for him to go to middle school, she chose to stay in the Chula Vista Elementary School District because she trusts the District-which is one of the reasons why she chose to become a Board Member. Her son now attends Mueller Bayfront High School and her experience as a parent is that her son has excelled. Clerk Tremper remarked that she put her parent perspective aside and looked at the lease very carefully as a Board Member, adding that she believes the only reason she would vote against approval is if it would negatively impact the District-which it would not. She asked fellow Board Members to let her know if there are any issues she may have missed. In response to a question from President Reyes regarding recusal , Clerk Tremper said that she consulted with legal counsel, who confirmed that she does not need to recuse herself from discussing or voting on the item.

Dr. Escobedo remarked that he also communicated with the District's legal counsel, who said there would be no personal gain, so it is up to the individual Board Member to decide whether or not to participate in the discussions and vote. Dr. Escobedo added that, if there is any [negative] public perception, the Board Member would need to personally deal with it.

President Reyes thanked all the presenters and said he personally thinks Mueller Charter is doing an outstanding job in meeting the needs of students and that his only concern is the 15-year length of the lease.

Motion: TAMAYO, Second: BUNKER Vote: A YES: BEJARANO, BUNKER, TAMAYO, TREMPER

NOES: REYES

C. (1) Approve Award of Prime Bid Packages Nos. 1 Through 8, 10 Through 14, and 16 Through 18 to Various Contractors in the Amount of $31,601,767.35 for the Construction of School No.46;and

(2) Approve Rejection of Prime Bid Package No. 15 for the Construction of School No. 46 and Direct Staff toRe-advertise and Rebid Prime Bid Package No. 15 Without the Application of the Project Labor Agreement

Mr. Esquivel said the District is requesting approval of the contracts for construction of School No. 46, which is set to begin


in May 2016 and open its doors in July 2017. Most of the contracts are included with the exception of the roofing, which has not been reviewed yet. He also explained that the rejectionfor Bid Package No. 15-is for the contract for child nutrition equipment, for which the District received only two bids and they were from contractors that were not qualified . He added that waiting to approve those two items does not impact the timeline, as that work is performed later in the construction process.

Motion: TREMPER, Second: BUNKER, Abstain: TAMAYO Vote: FOUR A YES

8. FIRST AND SECOND READINGS, BOARD POLICIES, ADMINISTRATIVE REGULATIONS, AND BOARD BYLAWS

A. First Reading: Proposed Revisions to Board Policy and Administrative Regulation 3580, Business and Noninstructional Operations, District Records

Dr. Thiel said the Board Policy and Administrative Regulation are being revised to ensure they are in accordance with current state and federal guidelines and requirements regarding the classification and maintenance of public records. He also noted that, as part of the process of procuring cyber and privacy liability insurance, it was observed that the Board Policy and Administrative Regulation had not been updated since 1990.

Mr. Yvellez spoke on this item.

9. GENERAL INFORMATION ITEMS/REPORTS

A. Report Calendar to Board of Education

B. Report on District English Learner Programs

Mr. Tessier introduced Executive Director of Language Acquisition and Development Emma Sanchez, who provided information on the diverse programs the District offers to English Learners. Ms. Sanchez also shared achievement data of students enrolled in the programs and discussed how the programs impact student achievement.

Board Members thanked Ms. Sanchez for the report and asked a variety of questions that were answered by Ms. Sanchez and by Dr. Escobedo. Board Members also requested disaggregated data for each of the programs and models.

Mr. Yvellez spoke on this item.

First and Second Readings

Information Items/Reports


C. Report on District Classified Employee Hourly Rates

Mr. Esquivel gave a brief overview of Senate Bill 3 (SB 3), recently signed by Governor Brown, which increases the minimum wage to $15 by January 2022. He also presented information on all District classified salary ranges-below and at or above $15 per hour-and the number of employees in each range. He reviewed the impact of these increases on the District's finances and stated the District will also need to consider the impact of the $15 minimum hourly rate on those employees who earn more than $15 per hour and that changes in salaries to any CVCEO member must be negotiated.

Board Members thanked Mr. Esquivel for the report, asked some questions that were answered by Mr. Esquivel, and requested the District explore the fiscal impact of raising every classified employee's salary by $1 per year instead of following the Governor's increase schedule.

Chula Vista Classified Employees Organization President Peter Zeitler spoke on this item.

On another note, Mr. Zeitler spoke regarding the impact of principals' fiscal responsibility on newer classified employees during the layoffs.

10. BOARD COMMUNICATIONS

Mrs. Bejarano: • Thanked everyone who helped Board Members prepare for the meeting.

Also thanked everyone who was in attendance.

Mrs. Bunker: • Congratulated Vice President Bejarano and President Reyes for their

election to the California School Boards Association 's Delegate Assembly.

• Thanked members of the English-Language Arts/English Language Development Adoption Committee for their work.

• Commented that the observed the Visual and Performing Arts (VAPA) program during visits to several schools and that it is very exciting. Added that something she noticed that she liked very much is that VAPA is being integrated in the other curricular areas.

Dr. Reyes: • Asked if the District has already notified parents regarding their right to

opt their children out of testing.

[Dr. Escobedo answered yes. Said a letter regarding testing was sent to parents, which included a paragraph addressing the opt-out option.]

Board Communications


Ms. Tremper: • Shared that she attended the District's Arts Education Learn ing Exchange

and also, the celebration that fol lowed, which took place at Balboa Park. Added that a fourth grade District student who presented at the celebration amazed the crowd.

• Said she attended the Parent Academy at Hedenkamp and was able to experience the excitement of the participants.

• Mentioned that she also attended the California Association for Bilingual Education Annual Conference and that she went to each of the presentations facilitated by District staff members. Acknowledged all the presenters: Teachers Vanessa Brambila and Robert Pollack (Salt Creek) , Nydia Cerecer (Rice), Melissa Showman and Elena Gillespie (Finney); Associate Principal Graciela Chavez (Lauderbach); and Projects Specialist Nancy Rojas (Language Acquisition and Development). Commented all the District presenters were very passionate about what they were sharing and that she would like to see them co-teach some of the programs so other teachers can benefit.

11. SUPERINTENDENT'S COMMUNICATION

Dr. Escobedo: • Remarked that he was invited to go to Sacramento next month regarding

Senate Bill 1174 (SB 1174) on bilingual education. Explained that SB 1174 would not only override Proposition 227 but also make dual immersion a mandated program for California. Said that bill supporters want to hear the District's experience with dual immersion because of the large number of programs in District schools.

12. ADJOURN TO CLOSED SESSION

President Reyes adjourned to closed session at 9:21 P.M. in accordance with the following :

Government Code Sections 3549.1 (d) and 54957.6: Collective Bargaining/Employee Negotiations; Agency Negotiator: Fagen Friedman & Fulfrost, LLP; Employee Organizations: Chula Vista Classified Employees Organization (CVCEO); Chula Vista Educators (CVE); Nonrepresented Employees

Government Code Section 54956(a): Conference with Legal Counsel -Existing Litigation in Office of Administrative Hearings, Case No. 2015120701 for Student No. 305489

Government Code Section 54956(a): Conference with Legal Counsel -Existing Litigation in Office of Administrative Hearings, Case No. 2015110882 for Student No. 302470

Superintendent's Communication

Closed Session


Government Code Section 54956.9(b): Conference with Legal CounselAnticipated Litigation, One Potential Case, Joint Powers Authority Claim #16-04185

Government Code Section 54956.9(a): Conference with Legal CounselExisting Litigation in Workers' Compensation Claim #12473855

Government Code Section 54957: Public Employee Discipline/ Dismissal/Release

13. RECONVENE TO OPEN SESSION

President Reyes reconvened to open session at 10:02 P.M. with all Board Members present.

Clerk Tremper announced that the Board:

Approved a settlement agreement in Office of Administrative Hearings Case No. 2015120701 for Student No. 305489.

Motion: TAMAYO, Second: BUNKER Vote: A YES: BEJARANO, BUNKER, REYES, TAMAYO, TREMPER

Approved a settlement agreement in Office of Administrative Hearings Case No. 2015110882 for Student No. 302470.

Motion: TREMPER, Second: REYES Vote: A YES: BEJARANO, BUNKER, REYES, TAMAYO, TREMPER

Rejected Joint Powers Authority Claim #16-04185. Motion: TAMAYO, Second: BEJARANO Vote: A YES: BEJARANO, BUNKER, REYES, TAMAYO, TREMPER

Approved a settlement agreement in Workers' Compensation Claim #12473855.

Motion: TAMAYO, Second: BUNKER Vote: A YES: BEJARANO, BUNKER, REYES, TAMAYO, TREMPER

Approved a settlement agreement regarding Employee No. 1002016565. Motion: TAMAYO, Second: REYES Vote: A YES: BEJARANO, BUNKER, REYES, TAMAYO, TREMPER

Approved a settlement agreement regarding Employee No. 1092016571. Motion: TREMPER, Second: TAMAYO Vote: A YES: BEJARANO, BUNKER, REYES, TAMAYO, TREMPER

Open Session


14. ADJOURNMENT

President Reyes adjourned the meeting at 10:05 p.M.

THE NEXT REGULAR MEETING OF THE BOARD OF EDUCATION OF THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT IS SCHEDULED ON WEDNESDAY, MAY 4, 2016, AT 6 P.M.

Adjournment


CHULA VISTA ELEMENTARY SCHOOL DISTRICTschools.cvesd.org/district/district/BoardMeetingMinutes/Reg Minutes... · Motion: TREMPER, Second: TAMAYO, Absent: BEJARANO Vote: FOUR A YES

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