REGULAR MEETING Palm Springs USD November 26, 2019 2:30PM District Administration Center
Board Room
150 District Center Drive
Palm Springs, CA
CLOSED SESSION - 2:30 PM
STUDY SESSION - 4:30 PM
REGULAR SESSION - 6:00 PM
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Richard Clapp, President John Gerardi, Clerk Karen Cornett, Member Madonna Gerrell, Member Timothy Wood, Member
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Members of the audience may at this time address the Board of Education regarding only matters on the Closed Session Agenda.
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The purpose of this Closed Session item is for the Governing Board to discuss the Public Employee Performance/Evaluation of the Superintendent of Schools (Gov. Code 54957). |
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The purpose of this Closed Session item is for the Governing Board to receive the report of pupils under Education Code Section 48918, for whom it has been determined that expulsions/revocations are appropriate due to the particular circumstances which are set out in the report of the incident as listed in the separate confidential document (Gov. Code 35146, 48918, 49073, 49676, and 54957). |
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The purpose of this Closed Session item is for the Governing Board to discuss possible action pertaining to the appointment, employment, evaluation or dismissal of personnel (Gov. Code 54957.6). |
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Richard Clapp, President John Gerardi, Clerk Karen Cornett, Member Madonna Gerrell, Member Timothy Wood, Member Kelley Libretti, Student Board Member Salma Delgado, Student Board Member |
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The Student Board Member Reports will be presented by Palm Springs High School Student Board Member Kelley Libretti and Rancho Mirage High School Student Board Member Salma Delgado. |
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Members of the public who desire to address the Board on any topic related to Board work are welcome to do so at this time. Speakers are requested to: complete and submit a yellow form (located in the back of the room) to the Board Recorder, limit their remarks to not more than three (3) minutes, to appoint a spokesperson if the concern is a group concern, and to supplement verbal presentation with written reports, if necessary or desired.
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The Governing Board will hold a public hearing to consider facts and testimony to determine whether approval of the parking lot modifications at Della S. Lindley Elementary School is in the best interest of the District. Public notice of this hearing was given at least two (2) weeks prior to the date of this hearing.
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The Governing Board will hold a public hearing to consider facts and testimony to determine whether approval of the Annual and Five-Year Reportable Fees Report for FY 2018-2019, in compliance with Government Code Sections 66006 and 66001 is in the best interest of the District. Public notice of this hearing was given at least two (2) weeks prior to the date of this hearing.
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Dr. Murray |
RCOE has suggested that the PSUSD board approval of certificated and classified employee salary schedules would be a beneficial procedure for verifying authorized pay rates during STRS/PERS employee audits. This additional documentation has been successful with other Riverside County school district STRS/PERS employee audits.
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Sched 200 Sched 201 Sched 202 Sched 203 Sched 204 Sched 210 Sched 211 Sched 230 Sched 231
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The District is planning to install new parking spaces and relocate the pick-up and drop-off locations at Della S. Lindley Elementary School. The project includes the addition of 40 new parking spaces located on Robert Road and relocating the pick-up and drop-off locations to La Canada Way where bussed students will enter at a new south entrance of the campus. California Environmental Quality Act (CEQA) guidelines must be met for all projects. The guidelines provide for a Categorical Exemption under under Class 2, Section 15302(b), which consist of replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and Categorical Exemption under Class 11, Section 15311, which consists of construction or minor structures accessory to (appurtenant to) existing commercial, industrial or institutional facilities. Resolution No. 2019/2020-10 provides the necessary legal requirements for filing the Notice of Exemption.
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$50 to Riverside County Clerk - Building Fund |
NOTICE OF EXEMPTION - NOVEMBER 26, 2019 RESOLUTION NO. 2019/2020-10 -- NOVEMBER 26, 2019
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On March 3, 2020, Proposition 13 (AB 48, O'Donnell) (“Proposition”) the $15 Billion Public Preschool, K-12, and College Health and Safety Bond Act of 2020 is on the ballot in California for voters to decide on the Public Preschool, K-12, and College Health and Safety Bond Act of 2020. The Proposition provides $5.2 Billion in modernization funds, $2.8 Billion in new construction funds, $500 Million for Career Technical Education Facilities and $500 Million for Charter schools. The proposition will provide renovation and upgrade existing classrooms, construction of new classrooms to accommodate growth, Career Technical Education facilities to provide job training, prioritizes health and life safety hazard projects including seismic, testing and remediation of lead levels in water at school sites, disaster assistance, replacement of 50 year old buildings, and assistance for small school districts. The proposition increases state matching amounts for low-wealth districts with state modernization share up to 65% from 60% and state new construction share up to 55% from 50%. It will increase bond capacity from 1.25% to 2% for elementary and high school districts, and from 2% to 4% for K-12 Unified districts. The Proposition will not raise State taxes, will reduce the need for additional local property taxes, assist with health and safety projects, and include Disaster Assistance for school districts.
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None |
RESOLUTION NO. 2019/2020-11 -- NOVEMBER 26, 2019
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Palm Springs Unified School District (“District”) has received and expended statutory and/or alternative school facilities fees (“Reportable Fees”) for the construction and/or modernization of the District’s school facilities in order to accommodate students from new development (“School Facilities”). Pursuant to Government Code Section 66006(a), the District is required to deposit the Reportable Fees collected into a separate capital facilities account (“Reportable Fees Account”). Pursuant to Government Code Section 66006(b), the District is required to make a report available within one hundred eighty days (180) after the last day of each fiscal year detailing certain required information. The District made this report entitled, “The Palm Springs Unified School District Annual and Five-Year Reportable Fees Report for Fiscal Year 2018/2019, in compliance with Government Code Sections 66006 and 66001,” (“Report”) available to the public on or before November 8, 2019, and the following information is contained in the “Annual Report” section of the Report: (A) A brief description of the type of Reportable Fees in the account. (B) The amount of the Reportable Fees. (C) The beginning and ending balance of the account. (D) The amount of the Reportable Fees collected and the interest earned. (E) An identification of each project (“Project”) of the District on which Reportable Fees were expended and the amount of the expenditures on each Project, including the total percentage of the cost of the Project that was funded with Reportable Fees. (F) An identification of an approximate date by which the construction of a Project will commence if the District determines that sufficient funds have been collected to complete financing on an incomplete Project, as identified in Government Code Section 66001(a)(2), and the Project remains incomplete. (G) A description of each interfund transfer or loan made from the account, including the Project on which the transferred or loaned Reportable Fees will be expended, and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account will receive on the loan. (H) The amount of refunds made pursuant to Government Code Section 66001(e) and any allocations pursuant to Government Code Section 66001(f). Pursuant to Government Code Section 66001(d) for the fifth fiscal year following the first deposit into the Reportable Fees Account, and every five years thereafter, the District shall make findings with respect to the portion of the Reportable Fees Account that remains unexpended. The following information is contained in the “Five-Year Report” section of the Report: (1) Identification of the purpose to which the Reportable Fees are to be put. (2) Demonstration of a reasonable relationship between the Reportable Fees and the purpose for which they are charged. (3) Identification of all sources and amounts of funding anticipated to complete financing of the Projects of the District. (4) Designation of the approximate dates on which the funding referred to in paragraph (3) is expected to be deposited into the appropriate account. Government Code Section 66006(b)(2) requires that the Board of Education of the District (“Board”) review the Report at the next regularly scheduled public meeting, at least fifteen (15) days after the Report was made available to the public. Pursuant to Government Code Section 66006(b)(2), notice of the time and place of the Board meeting, where the Report would be considered for adoption (“Notice”) was mailed at least fifteen (15) days prior to the meeting to any interested party who filed a written request with the District for mailed notice of the meeting. Additionally, the Notice was posted in the District’s regular posting locations and published in a newspaper of general circulation within the District’s boundaries.
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None |
ANNUAL AND FIVE-YEAR REPORTABLE FEES REPORT FOR FY 2018/2019 -- NOVEMBER 26, 2019 RESOLUTION 2019/2020-12 ANNUAL REPORT 112619
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The Palm Springs Unified School District (District) proposes to implement various seismic upgrades and modernization improvements on the Palm Springs High School (“PSHS”) campus (proposed Project). The proposed Project would include the: (1) library; (2) gymnasium; and (3) cafeteria. The Project would include the renovation of these 3 buildings to meet current seismic standards modernization improvements as well as the construction of a new 7,400 square foot mini gym within the cafeteria and the addition of a 1,950 square foot lobby on the northeast corner of the gymnasium. The proposed Project would involve various hardscape and landscaping improvements across the PSHS campus with a range of upgraded and modern facilities that meet current standards. Construction of the proposed Project would take approximately 24 months, with a commencement date of spring 2020 and an estimated completion date of summer 2022. Occupancy of the proposed Project would occur by the start of the 2022-2023 school year. The Project will be located at 2401 East Baristo Road and immediately adjoins the Desert Learning Academy (“DLA”) campus on a joint campus. The PSHS-DLA joint campus is bound by East Baristo Road to the north, South Farrell Drive to the east, East Ramon Road to the south, and South Pavilion Way to the west. The Project site, which consists PSHS portion of the campus, is currently comprised of approximately 20 buildings situated across a total area of approximately 43 acres. Prior to commencing the proposed Project, the District must comply with the California Environmental Quality Act (“CEQA”). An initial study prepared for the proposed Project revealed that the proposed Project may result in significant effects on the environment. Therefore, an Environmental Impact Report (“EIR”) was prepared to analyze potential effects on the environment, evaluate project alternatives, and propose mitigation measures. Pursuant to CEQA, the draft EIR was made available for public review and comment on October 3, 2019. The resolution sets forth the District Board’s findings with respect to the proposed Project and certifies the EIR is complete in compliance with CEQA. The resolution also adopts findings of fact, mitigation monitoring and reporting program, and a statement of overriding considerations with respect to environmental impacts that cannot be mitigated. After the resolution has been adopted, the District must file a Notice of Determination with the State Clearinghouse and the Riverside County Clerk.
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EXHIBIT A - NOVEMBER 26, 2019 EXHIBIT B - NOVEMBER 26, 2019 RESOLUTION 2019/2020-14 PSHS SEISMIC 112619
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The purpose of this agenda item is to award Bernards Brothers, Inc., (“Bernards”) a contract to perform preliminary and construction services (“Contract”) for the Desert Hot Springs High School (“School”) Career Technical Education (“CTE”) Building Project (“Project”) pursuant to the lease-leaseback delivery method. The District will be utilizing the lease-leaseback process previously adopted by the Board pursuant to Education Code section 17406. The Project is for the construction of an approximately 13,000 square foot CTE Building at the School. The current estimated value of the Project is $8,500,000 and the District anticipates beginning construction in April 2020. On August 23, 2019, the District issued a request for qualifications and proposals (“RFQ/P”) to award preliminary and construction services for two (2) separate projects, including the Project, utilizing the lease-leaseback delivery method. Education Code section 17406(a)(2)(F)(iii) requires that the Board award the Project to the contractor determined by the District to be the best value. The RFQ/P included the District’s best value scoring previously adopted by the Board and provided the District discretion to award both the projects, or a single project. Five (5) contractors responded to the RFQ/P and District staff scored proposals pursuant to the best value scoring criteria. Bernards received the highest best value score. District staff recommends that the Board award the contract to perform preliminary and construction services to Bernards and authorize Bernards to perform Preliminary Phase Services for the Project in an amount not to exceed $86,421.00. The Contract will not initially include final pricing for construction of the Project. At the conclusion of the Preliminary Phase Services, the District and Bernards will negotiate a final guaranteed maximum price for the Project, and staff will return to the Board for authorization to amend the Contract to include final Project pricing and authorization to construct the Project. If for some reason the District and Bernards cannot reach an agreement on a guaranteed maximum price, the District may terminate the Contract for convenience and enter into negotiations with the second highest scoring proposer on the Project.
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$86,421.00 - Building Fund
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LEASE-LEASEBACK CONTRACT - NOVEMBER 26, 2019
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The purpose of this agenda item is to award Bernards Brothers., Inc., (“Bernards”) a contract to perform preliminary and construction services (“Contract”) for the Palm Springs High School (“School”) Seismic Upgrade and Modernization Project (“Project”) pursuant to the lease-leaseback delivery method. The District will be utilizing the lease-leaseback process previously adopted by the Board pursuant to Education Code section 17406. The Project consists of the modernization and voluntary seismic upgrades of the following five (5) buildings: - Cafeteria (12,224 square feet)
- Library (9,138 square feet)
- Main Gymnasium Renovation (22,544 square feet)
- New Miniature Gymnasium (7,400 square feet)
The current estimated value of the Project is $29,000,000 and the District anticipates beginning construction in April 2020. On August 23, 2019, the District issued a request for qualifications and proposals (“RFQ/P”) to award preliminary and construction services for two (2) separate projects, including the Project, utilizing the lease-leaseback delivery method. Education Code section 17406(a)(2)(F)(iii) requires that the Board award the Project to the contractor determined by the District to be the best value. The RFQ/P included the District’s best value scoring previously adopted by the Board and provided the District discretion to award both the projects, or a single project. Five (5) contractors responded to the RFQ/P and District staff scored proposals pursuant to the best value scoring criteria. Bernards received the highest best value score. District staff recommends that the Board award the contract to perform preliminary and construction services to Bernards and authorize Bernards to perform Preliminary Phase Services for the Project in an amount not to exceed $124,699.00. The Contract will not initially include final pricing for construction of the Project. At the conclusion of the Preliminary Phase Services, the District and Bernards will negotiate a final guaranteed maximum price for the Project, and staff will return to the Board for authorization to amend the Contract to include final Project pricing and authorization to construct the Project. If for some reason the District and Bernards cannot reach an agreement on a guaranteed maximum price, the District may terminate the Contract for convenience and enter into negotiations with the second highest scoring proposer on the Project.
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$124,699.00 - Building Fund
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LEASE-LEASEBACK CONTRACT - NOVEMBER 26, 2019
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The Administration requests the Board take action on the recommendation of the administrative hearing panel in the hearing of case 2019/2020-008.
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None.
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The Administration requests the Board take action on the recommendation of the administrative hearing panel in the hearing of case 2019/2020-010.
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None.
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Work-based learning opportunities offered by the district may include paid and/or unpaid work experiences, including, but not limited to, work experience education, cooperative CTE or community classrooms, job shadowing, student internships, apprenticeships, service learning, employment in social/civic or school-based enterprises, and technology-based or other simulated work experiences. Each year, a list of business and industry partners who participate in work-based learning opportunities is submitted to the Board for Approval. As additional business and industry partners are added, they will be placed on the Board Agenda each month. The district list will be reviewed and updated each September.
The district ensures that any student participating in a work-based learning program off school grounds is covered under the employer’s or district’s insurance, as applicable in the event the student is injured.
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No fiscal implications.
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WBL Business Partners (11/26/19)
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The District offers an Extended School Year (ESY) program to Pre-Kindergarten through Adult Transition special education students who have an Individualized Education Plan (IEP) and meet defined eligibility criteria. Offering an ESY program, the District follows the California Code of Regulations, Title 5, Section 3043 (d), in accordance with section 300.106 of the Individuals with Disabilities Education Act which requires the District to provide a minimum of 20 days of instruction. The District is applying with the California Department of Education to reduce the number of days of ESY instruction to 15 days while continuing to provide the same amount of instructional minutes. |
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ESY Waiver Request BOE 11.26.19
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Board Policy (BP) 4030; Personnel - Nondiscrimination in Employment, is being revised to align with current education code and district practices.
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AR 4030, Personnel BP 4030, Personnel
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Board Policy (BP) 5145.3; Students - Nondiscrimination/Harassment, is being revised to align with current education code and district practices.
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BP 5145.3, Students
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Change Order No. 1 is an increase to the original contract allowing for the installation of two additional 6” automatic water valves and associated power and control wiring to provide enhanced operation of the systems. Change Order No. 1 in the amount of $11,281.92 is a 0.67% increase to the original contract. Authorization is requested for the Assistant Superintendent, Business Services to execute the Change Order. ORIGINAL CONTRACT AMOUNT | $1,687,000.00 | Change Order No. 1 – (0.67%) | $11,281.92 | Revised Contract Total | $1,698,281.92 |
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$11,281.92 - Building Fund |
CHANGE ORDER NO. 1 - NOVEMBER 26, 2019
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In accordance with Board of Education approved Resolution No. 2019/2020-02; Authorization to Dispose of Surplus Property July 1, 2019 through June 30, 2020, the District has accumulated miscellaneous furniture and equipment that has been discarded through various sites and departments that are no longer of viable use to the District. Additionally, instructional materials that have become obsolete, worn out or damaged beyond repair are discarded for disposal. Lists from the warehouse of declared surplus items are attached.
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None |
Disposal of Surplus Report BOE 11.26.19 (OE-7.9)
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The Purchase Order Report form 10/16/2019 through 10/31/2019 is presented for review and approval for the following funds: 03 | General Purpose Lottery | 12 | Child Development Fund | | Class Size Reduction | 13 | Cafeteria Fund | 06 | Categorical Programs | 21 | Bond Building Fund, Series A | | Transportation | | Bond Building Fund, Series B | | Restricted Programs | | Bond Building Fund, Series C | | Instructional Materials Fund (K-8) | | Bond Building Fund, Series D | | Instructional Materials Fund (9-12) | | Bond Building Fund, Series E | | Class Size Reduction Facilities | | Bond Building Fund, Series F | | General Instructional Materials | 25 | Developer Fees/Capital Facilities | | Funds/K-12 Standards | 40 | Special Reserve Fund for Capital Outlay | 11 | Adult Education | 67 | Self-Insurance Fund | | Adult Education/Special Projects | | |
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As specified in the report.
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PURCHASE ORDER REPORT BOE 11.26.19 (OE-6.2)
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The Agreements Under Ten Thousand Dollars from 10/16/2019 through 10/31/2019 are presented for review and approval for the following funds: 03 | General Purpose Lottery | 12 | Child Development Fund | | Class Size Reduction | 13 | Cafeteria Fund | 06 | Categorical Programs | 21 | Bond Building Fund, Series A | | Transportation | | Bond Building Fund, Series B | | Restricted Programs | | Bond Building Fund, Series C | | Instructional Materials Fund (K-8) | | Bond Building Fund, Series D | | Instructional Materials Fund (9-12) | | Bond Building Fund, Series E | | Class Size Reduction Facilities | | Bond Building Fund, Series F | | General Instructional Materials | 25 | Developer Fees/Capital Facilities | | Funds/K-12 Standards | 40 | Special Reserve Fund for Capital Outlay | 11 | Adult Education | 67 | Self-Insurance Fund | | Adult Education/Special Projects | | |
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As specified in the report.
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Agreements Under 10K BOE 11.12.19
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Administration recommends the following gifts donated to the Palm Springs Unified School District be accepted with appreciation. All gifts donated to the School District and accepted by the Board of Education become the property of the entire School District. Requests by donors to have their gifts utilized at a specific school site will be honored as much as possible. Please see attached document for a list of recipients of gifts, donations and donors.
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Gift Acceptance BOE 112619
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Closed Session: December 10, 2019, at 3:30 p.m.
Study Session: December 10, 2019, at 4:30 p.m. - Attendance Regular Session: December 10, 2019, at 6:00 p.m. |
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Published: November 21, 2019, 1:20 PM
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