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Regular Meeting
Davis Joint USD
February 06, 2020 4:30PM
Closed Session - 4:30 p.m., South Conference Room, 526 B Street; Open Session - 6:30 p.m., Community Chambers, 23 Russell Boulevard Davis, CA 95616

Mission Statement:
The mission of Davis Joint Unified School District, a leading center of educational innovation, is to ignite a love of learning and equip each student with the knowledge, skills, character, and well-being to thrive and contribute to an evolving and increasingly-connected world, through a system characterized by: - Optimal conditions and environments for all students to learn - A team of talented, resourceful, and caring staff - Transforming teaching, learning, and operations in our continuing pursuit of excellence - Resourceful, transparent, and responsible fiscal planning, - A diverse and inclusive culture
I. CALL TO ORDER
II. CLOSED SESSION (Note location at top of agenda)
II.a. Discussion and Possible Action on Personnel Listed on the Consent Calendar for Personnel Employment/Status/ActionsConfidential agenda item.
II.b. Conference with Agency Negotiator, Matt Best, Regarding Collective Bargaining: DTA and CSEAConfidential agenda item.
II.c. Conference with Legal Counsel – Anticipated Litigation, One (1) Case Government Code Section 54956.9 Confidential agenda item.
II.d. Conference with Legal Counsel – Existing Litigation, [Government Code Section 54956.9 (a)] Number of Cases (2 Cases) Confidential agenda item.
III. INTRODUCTORY ITEMS
III.a. Open Session Call to Order (Note location at top of agenda)
Quick Summary / Abstract:

It is anticipated the Board will reconvene in open session at 6:30 p.m.

III.b. Patriotic Observance
Quick Summary / Abstract:

Board Member Cindy Pickett will lead those attending the meeting in a patriotic observance.


III.c. Roll Call
III.d. Announcement of any Decisions Made in Closed Session
III.e. Approval of Agenda
IV. ANNOUNCEMENTS
IV.a. Superintendent's Communications
IV.b. DTA Communications
IV.c. CSEA Communications
IV.d. Announcements from Board Members/Board Liaisons
IV.e. Student Board Representative Announcements
V. PUBLIC COMMENT
Quick Summary / Abstract:

In the interest of conducting the business of public education in a timely manner, there is a two or three-minute limit per individual speaker which, at the discretion of the board president, may be modified depending on the number of speakers.  A maximum of thirty (30) minutes for the comment period may be imposed.

In order to maintain a respectful public forum, members of the audience will please limit applause to occasions of student performance, employee recognition, and significant community contributions which are celebrated by everyone present.

During this public comment period, the law does not allow the Board of Education to take action on any item not explicitly posted on the agenda in advance.  However, Board members may ask for clarification, refer concerns to staff, and/or request that an item be placed on a future agenda. 

VI. CONSENT CALENDAR
VI.a. Certificated Personnel Report No. 11-20
Recommended Motion:

Certificated Personnel Report No. 11-20 covers 1 Employment, 1 Temporary FTE Increase, 3 Leaves of Absence, 6 Reduced Work Programs, 2 Retirements and 4 Resignations.




Rationale:

The personnel actions requested in this report are essential to meet the goals and mission of the Davis Joint Unified School District.

 
Financial Impact:

The personnel actions are budgeted for in the Davis Joint Unified School District Adopted Budget or expressly approved by the Board of Education in open session.

Attachments:
Certificated Personnel Report 11-20
VI.b. Classified Personnel Report No. 11-20
Recommended Motion:

Approve Classified Personnel Report No. 11-20 that covers 1 Employment, 1 FTE Increase, 3 Promotions, 1 Resignation, 2 Coaching Variable Services Agreements and possible addendum covering 6 Employments, 5 Promotions and 10 Coaching Variable Services 


Rationale:

The personnel actions requested in this report are essential to meet the goals and mission of the Davis Joint Unified School District.

 
Financial Impact:

The personnel actions are budgeted for in the Davis Joint Unified School District Adopted Budget or expressly approved by the Board of Education in open session.

Attachments:
Classified Personnel Report 11-20
Classified Report No 11-20 Addendum A
VI.c. Approval of Minutes
VI.d. Approve Resolution 45-20-Support of Proposition 13: Public Preschool, K-12, and College Health and Safety Bond Act of 2020 Assembly Bill 48 (O’Donnell, Glazer)
Attachments:
Resolution No 45-20 Support of Proposition 13
VI.e. Appointment of Four Citizens' Bond Oversight Committee Members to Three Year Terms
Recommended Motion:

Approve the appointment of four (4) Citizens' Oversight Committee members to three year terms.






Rationale:

Section 15282 of the Education Code requires, among other things, that members of a Proposition 39 bond oversight committee “shall serve for a minimum of two years without compensation and for no more than three consecutive terms.”

As part of the application process to serve on the Measure M Bond Oversight Committee, applicants were asked whether they wished to serve a two or one-year term.  When the governing board appointed the nine members to the committee at its February 7, 2019 meeting (attached), it appointed five members to two-year terms and four members to one-year terms. The rational for appointing members to terms of differing lengths was to stagger the terms so the terms would not all expire at the same time.

To ensure conformity with the statutory requirement that members serve for a minimum of two years and to provide stability to the committee’s membership, it is recommended the four members who were initially appointed to a one-year term to instead appoint them for one three-year term, which would expire in February of 2022.

The four (4) members recommended for one three-year term each are: Linda Lingbloom, Jacques Franco, Ken Nason, and Ted Tucker.  All of these members are agreeable to serving a three-year term.









 
Financial Impact:

No financial impact.

Attachments:
CBOC Membership
VI.f. Annual Parcel Tax Oversight Committee Report
Recommended Motion:
Receive and accept committee report. 

Rationale:

The attached Citizens Parcel Tax Oversight Committee report finds that the committee has verified the parcel tax fund expenditures are in compliance with the language of the ballot text. 

DJUSD is committed to accountability and transparency in all aspects of its financial accounting. While there is no legal requirement for a citizen oversight committee for parcel tax funds, parcel tax measures have explicitly stated the Board of Education will establish a process for independent citizen oversight. As such, a Citizens Parcel Tax Oversight Committee was commissioned to ensure that the local parcel tax funds are spent for their authorized purposes and to present its findings in a public report on an annual basis. Parcel tax revenue constitutes 10% of the DJUSD budget.

The Citizens Parcel Tax Oversight Committee’s report reviews the revenue and expenditures related to the parcel taxes. The committee reviewed the ballot text for Measure H for current fiscal year’s budget verifying positions and expenditures by categories. The reconciliation between the financial system and the parcel tax report is included as verification of the monitoring being done by the Oversight Committee.

Since 1984, Davis has had a tradition of investment in education through the passage of local parcel taxes; an investment that is the reflection of the Davis community’s values. The local investment in DJUSD educational parcel taxes has helped to preserve excellence in Davis schools. Funds from these measures support student programs for teaching and learning including: classroom programs in math, science, English, elective courses, class size reduction and music, student support programs including librarians, nurses, counselors, school technology, site safety and reading specialists, and other student programs such as athletics, drama, debate, robotics, journalism and student nutrition.  




 
Financial Impact:

No financial impact.

Attachments:
a. Parcel Tax Oversight Committee 2020 Parcel Tax Report
b. Board Policy 1221- Citizens Oversight Committee for Parcel Taxes
VI.g. Approve and Ratify Bond Program Agreements
Recommended Motion:

Approve the following Bond Program Agreements:

  1. Piggyback contract-  American Modular Systems, Inc. for the construction of the Emerson/Da Vinci Junior High School science classroom buildings
  2. Construction contract- Pisor Fence Division, Inc. for the Patwin, Willett, and Operations Center Fencing Project
  3. Consultant agreement- Hunting Environmental, LLC. for biology services related to the Emerson/Da Vinci Junior High School Science Classroom Project
  4. Construction services agreement- Clayton A. Titus, Inc. for relocation of the Da Vinci Junior High School administration building to Birch Lane Elementary School
  5. Construction agreement- Kiz Construction, Inc. for utility disconnect of the Da Vinci Junior High School administration building
  6. Consultant agreement- Warren Consulting Engineers, Inc. for underground utility survey for the Birch Lane MPR project





Rationale:

American Modular Systems, Inc. Piggyback Contract

The Emerson/Da Vinci Science Classroom Project is a Series 1 Bond Program Project as determined by the Board in December 2018.  The facilities will consist of modular construction and will provide four new 1,440 sq. ft. science lab classrooms, two science prep rooms, and student and staff restrooms.

On September 19, 2019, the Board approved Resolution 26-20 (attached) authorizing the purchase of the buildings from American Modular Systems, Inc. under a "piggyback" contract pursuant to Public Contract Code Section 20118.

Programming for the buildings has been completed and American Modular Systems, Inc. provided a proposal on December 10, 2019 for the building (attached).  The total amount of the contract is $3,737,506.


Pisor Fence Division, Inc.

On January 16, 2020, sealed bids were opened for the fencing projects at Patwin Elementary School, Willett Elementary School, and the Operations Center.  The scope of work at the elementary schools will be to raise existing kindergarten yard fencing from four feet to six feet.  The scope of work at the Operations Center will be to install fencing and a vehicle gate along the 5th Street frontage.  Project funding will be provided by the Bond Program.

Two sealed bids were received and Pisor Fence Division, Inc. was the lowest responsive bidder at $221,524.  The bid received from Crusader Fence Company was determined to be non-responsive as Addenda 3 was not noted.


Hunting Environmental, LLC.

The California Environmental Quality Act (CEQA) Mitigated Negative Declaration for the Emerson/Da Vinci Junior High School Science Classroom Project requires a certified biologist to assess if trees to be removed for the project are being used for bat roosting or bird nesting.


Clayton A.Titus, Inc.

This agreement is for the relocation of the existing administration building at Da Vinci Junior High School to Birch Lane Elementary School.  The building will be used as "swing space" during the construction of the new Birch Lane multipurpose room.


Kiz Construction, Inc.

This agreement is to provide for utility disconnect of the Da Vinci Junior High School administration building prior to its relocation to Birch Lane Elementary School.


Warren Consulting Engineers, Inc.

This agreement is for underground utility surveying for the Birch Lane Multipurpose Room Project.











 
Financial Impact:

All items are included in the Facilities Master Plan and approved Bond Program priorities.

Approval of the American Modular Systems, Inc. contract will result in a Bond Program impact of $3,737,506.

Approval of the Pisor Fence Division, Inc. agreement will result in a Bond Program impact of $221,524.

Approval of the Hunting Environmental, LLC. agreement will result in a Bond Program impact of $800.

Approval of the Clayton A. Titus, Inc. agreement will result in a Bond Program impact of $10,375.

Approval of the Kiz Construction, Inc. agreement will result in a Bond Program impact of $10,500.

Approval of the Warren Consulting Engineers, Inc. agreement will result in a Bond Program impact of $6,600.









Attachments:
A. AMS Proposal
B. AMS Resolution
C. Pisor Bid Form
D. Fence Bid Summary
E. Pisor Agreement Form
F. Hunting Proposal
G. Titus Proposal
H. Kiz Proposal
I. Warren Proposal
VI.h. Approval and Ratification of Contracts and Agreements
Recommended Motion:
Approve and ratify the contracts and agreements as presented.

Rationale:
Pursuant to Board Policy 3312 and California Education Code, all contracts and agreements need to be approved and ratified by the Board of Education.  The current contracts which are being presented to the Board are listed in the attachment section below.  Additional contract(s) may be included prior to the meeting.

 
Financial Impact:
All items are budgeted in their respective department/program approved budget plans. The cost of each individual item is posted in attachments.

Attachments:
1. Summary of Contracts 2-6-2020
All West Coachlines Agreement - DSHS
All West Coachlines Agreement - DVCA Junior High
All West Coachlines Agreement - Emerson
Allyson Moore Memorandum of Understanding
Amador Stage Lines Agreement
Architectural Nexus, Inc. Agreement
Bianchi Sound Agreement
Bike City Theatre Company Agreement
Bridges of the Mind Memorandum of Understanding
Comfort Suites Fresno Agreement
CommuniCare Health Centers Agreement Addendum
CVS Health Agreement
Davis Diving Club Memorandum of Understanding
Document Tracking Services Agreement
DoubleTree Suites by Hilton Anaheim Resort Agreement
Friends of New Technology High School Memorandum of Understanding
Lifetouch Agreement - Emerson
Lux Bus America, Co. Agreement- DSHS
Lux Bus America, Co. Agreement- Emerson
Michael's Transportation Services Agreement - Emerson
Michael's Transportation Services Agreement - Montgomery
Naviance, Inc. Agreement
PG&E Retrofit Program Application
RISO Products of Sacramento Lease Agreement
Sacramento County Office of Education - Chavez
Sacramento County Office of Education - Willett
School Innovations & Achievement Agreement Addendum
VII. PRESENTATION/DISCUSSION/ACTION
VII.a. Acceptance of District Audit Reports
Recommended Motion:

Accept the audit reports as presented.



Rationale:

Pursuant to Education Code 41020, school districts are required to submit an independent external audit in accordance with State and Federal audit guidelines. 

The District's 2018-2019 fiscal year audit was conducted by Crowe LLP.  A copy of the audit is attached below, and available for review in the Business Services Office. 

Crowe LLP, in their Independent Auditor's Report, evaluated the reasonableness of accounting estimates in relationship to the financial statements taken as a whole and concluded that management’s approach to these estimation processes is reasonable. The auditors did not identify any significant or unusual transactions. The audit was conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issues by the Comptroller General of the United States. In the auditors opinion, the financial statements of Davis Joint Unified School District present fairly, in all material respects, the respective financial position of the governmental activities, each major fund and the aggregate remaining fund information as of June 30, 2019, and the respective changes in financial position and cash flows. 

Additionally, If a bond is approved under the 55 percent majority pursuant to Proposition 39 (Article 13A, Section 1(b)(3) and Article 16, Section 18(b) of the California Constitution), the District is required to provide annual independent performance and financial audits.  This is required for Measure M which was a 55% bond measure.  These audit reports are shared with the Citizens' Bond Oversight Committee for review.

A representative from Crowe LLP will be in attendance at the meeting and available to answer questions.




 
Financial Impact:

No financial impact. 

Attachments:
a. 2018-19 Financial Statements and Auditor's Report
b. 2018-2019 Measure M General Obligation Bonds Financial Statements and Auditor's Report
c. 2018-2019 Measure M General Obligation Bonds Performance Audit
VII.b. January Governor's Budget Update
Recommended Motion:

Receive report and discuss budget.


Rationale:

The official State Budget planning process for the next fiscal year starts with the January Governor’s Budget. This budget is used to start the District budget planning that will be included in the Second Interim Budget Report (March 19).  In May there is a Governor’s Budget revision that will be used for the DJUSD 2020-2021 Adoption Budget.

The Governor's proposal includes revenue to fund the Local Control Funding Formula (LCFF) for inflation (COLA). As part of the new funding formula (LCFF), the districts are also required to develop a Local Control Accountability Plan (LCAP) concurrently with the budget.

For 2020-21, the proposed budget contains net funding for LCFF growth that calculates to $1.5 million (+2.25% per student) of possible on-going new funding next year.

Some important things to know about the increased funding are:

  • The LCFF revenue funds all area of district needs:
    • Employee Compensation
    • State Pension Cost Increases (STRS and PERS employer rates)
    • Inflation/Cost Increases
    • K-3 Class Size regulations and local teacher staffing
    • Deficit Spending Reduction
    • Services/Goals for Student Learning (LCAP)

Our discussions during the budget planning cycle including the Local Control Accountability Plan and approved budget will need to address these needs while maintaining fiscal solvency.

The budget proposal also includes additional on-going and one-time funds for special education.

Staff will provide a summary report of the Governor's January budget and discuss possible impacts on DJUSD.



 
Financial Impact:

Projected impacts of proposed State Budget changes for the DJUSD budget in the 2020-2021 school year could result in a $1.5 million increase of on-going LCFF funding and increases for special education funding on-going and one-time.



Attachments:
a. 2020 January State Budget Update
b. YCOE Review of First Interim 2019-20
c. School Services of California Fiscal Report January 2020
d. FCMAT Indicators of Risk or Potential Insolvency
e. FCMAT Fiscal Health Risk Analysis
VII.c. Facilities Bond Project and Financing Update
Recommended Motion:
Receive an update from staff regarding the DJUSD Bond Program and Financing. Approve the professional services contract between ARC Alternatives and DJUSD for Solar Master Planning Services.

Rationale:

In June 2018, the DJUSD Board of Education approved a comprehensive Facilities Master Plan, which outlined the facilities’ needs of the District. In November 2018, voters approved Measure M, a $150 million facilities bond to fund much of the DJUSD Facilities Master Plan. In addition, another $76 million from other sources makes up the DJUSD Bond Program. Staff will provide the Board of Education with an update on the projects currently underway and the associated Bond finances. Staff will also provide the Board with a schedule for potential future bond sales. 


The Board will also receive an update regarding the selection of an energy consulting firm to assist DJUSD in the development of a Solar Master Plan and approve the related professional services agreement. 



 
Financial Impact:

Financial Impact: The ARC Alternatives professional services contract is for $25,830, which will be paid from restricted facilities funds. 



Attachments:
ARC Alternatives Solar
DJUSD Bond Project and Financing Update Presentation
VII.d. Utilizing the Legislative Process to Provide Avenues to Enhance Revenue and Advance Other Legislative Priorities for the Davis Joint Unified School District
Recommended Motion:

Approve and provide direction for the District’s Legislative Representative to advance the development and legislative support and sponsorship of any or all of the items described below.



Rationale:

This motion will authorize the Davis Joint Unified School District Board of Education’s Legislative Representative to work with the Governor and state and federal legislators and all appropriate elected and appointed government officials to develop and seek sponsorship of any and all of the following legislative ideas described below:

  1. Support or sponsor legislation that would support full and fair funding for DJUSD and California schools.  As such, continue our support of the California School Boards Association efforts to raise school funding to the national average.
  2. Clarify California statutes in Education Code that school district parcel taxes may be placed on the ballot by registered voter signature, following the same process as city or county measures, and pursuant to the California Supreme Court’s recent City of Upland court case that clarified the voting threshold for such measures are a majority vote and/or support a Constitutional Amendment to lower the vote threshold for school parcel taxes.
  3. Support or sponsor legislation that would improve the attendance system to lower expenditures and add funding to DJUSD and/or adopt a pilot program for attendance calculation through a waiver allowing for an independent study program process to provide for increased average daily attendance (ADA).
  4. Support or sponsor legislation that would advocate for additional funding, above Proposition 98 funding, for special education services for DJUSD which could include adding special education services to the definition of unduplicated students.  As such, support any budget proposal on special education appropriations and work on budget bill language that would benefit special education services in DJUSD and/or support or sponsor Federal Legislation to advocate for additional funding for DJUSD, which could include but is not limited to fully funding special education.
  5. Raise the legal minimum of budget reserves for districts with less than 10,000 students to allow for at least one month of operating costs.
  6. Support or sponsor legislation that would provide full funding for universal preschool, full-day Kindergarten programs, and Transitional Kindergarten programs.
  7. Support or sponsor legislation or initiatives that would provide for capital improvements and/or other facilities funding.  As such, support Proposition 13: Public Preschool, K-12 and College Health and Safety Bond Act of 2020, which will provide $15 billion for facilities at the state’s preschools, K-12 schools, community colleges, and four-year colleges and universities.
  8. Support or sponsor legislation to promote participation in the 2020 census consistent with Assembly Bill 1666, which requires the California Complete Count – Census 2020 office to partner with local education agencies to make information about the 2020 Census available to students and parents.
  9. Explore and support affordable options for two and four-year post K-12 career and college options.




 
VIII. UPDATE ON TENTATIVE BOARD AGENDA CALENDAR
Rationale:

The calendar is a fluid, working document used by the Board President and Superintendent in support of the Board conducting efficient and effective Board meetings. Changes in the date of future agenda items occur frequently to best fit Board items into the time parameters of Board meetings and District priorities.  

 
Attachments:
BOE Agenda Calendar rev 01-31-20
IX. DATE, TIME, AND PLACE OF NEXT SCHEDULED MEETING
Quick Summary / Abstract:

The next meeting of the Board of Education is scheduled for February 20, 2020. The Board will convene in open session, and immediately thereafter adjourn to closed session at 5:00 p.m. in the Susan B. Anthony Administration Building at 526 B Street, Davis, California. The Board will reconvene in open session at approximately 6:30 p.m. in the Community Chambers at 23 Russell Boulevard, Davis, California.






X. ADJOURNMENT
XI. COMPLIANCE INFORMATION
Quick Summary / Abstract:

In compliance with the Brown Act regulations, Monica Roque legally posted this agenda on January 31, 2020.

In compliance with the American with Disabilities Act, if you need special assistance to access the Board meeting room or to otherwise participate during this meeting, including auxiliary aids or services, please contact the Superintendent's Office at (530) 757-5300 ext. 142. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to the Board meeting.

The Board meeting will be televised live on cable television on DJUSD Education Channel 17. Streaming video of this meeting is also available at: DJUSD Board Meeting.

Agenda Packets are available for review at the Davis Joint Unified School District office, 526 B Street (530-757-5300 x 142); or online at https://davis.agendaonline.net/public/davis.




Published: January 31, 2020, 12:35 PM

The resubmit was successful.