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REGULAR MEETING
Palm Springs USD
January 11, 2022 4:00PM
District Administration Center Board Room 150 District Center Drive Palm Springs, CA CLOSED SESSION - 4:00 PM REGULAR SESSION - 6:00 PM

1. CLOSED SESSION OPENING CEREMONY (4:00 P.M.)
1.a. Call to Order and Roll Call
Quick Summary / Abstract:
John Gerardi, President
Madonna Gerrell, Clerk
Karen Cornett, Member
Sergio Espericueta, Member
Tim Wood, Member
2. HEARING SECTION
Quick Summary / Abstract:
Members of the audience may at this time address the Board of Education regarding only matters on the Closed Session Agenda.
3. CLOSED SESSION
3.a. PERSONNEL:
Quick Summary / Abstract:
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).
3.b. NEGOTIATIONS:
Quick Summary / Abstract:
The purpose of this Closed Session item is for the Superintendent and the Assistant Superintendent of Human Resources to conference with the Governing Board regarding the progress of negotiations with PSTA and Teamsters (Gov. Code 3549.1 and 54957.6).
3.c. LITIGATION:
Quick Summary / Abstract:
The purpose of the Closed Session item is for the Governing Board to discuss claims against the District (Gov. Code 54956.9).
3.d. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Quick Summary / Abstract:

Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code § 54956.9 : Consideration of Two (2) Potential Cases—Opioid and Vaping Litigation.

3.e. STUDENT SERVICES:
Quick Summary / Abstract:
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).
4. RECESS FROM CLOSED SESSION
5. REGULAR MEETING OPENING CEREMONY (6:00 P.M.)
5.a. Call to Order and Roll Call
Quick Summary / Abstract:
John Gerardi, President
Madonna Gerrell,Clerk
Karen Cornett, Member
Sergio Espericueta, Member
Tim Wood, Member
Christopher Vega, Mt. San Jacinto High School Student Board Member
Keona Corona, Palm Springs High School Student Board Member
5.b. Pledge of Allegiance
5.c. Mission Statement
6. REPORT OF CLOSED SESSION ACTIONS
7. APPROVAL OF AGENDA
8. SPECIAL RECOGNITION
8.a. The Governing Board wishes to recognize and commend the following Employees of the Month for January, 2022:
Quick Summary / Abstract:

Classified: Sandra Adolph, Playworks Coach - Della S. Lindley Elementary School.

Certificated: Maria Escobedo, Teacher - Della S. Lindley Elementary School.

8.b. The Governing Board wishes to recognize and commend Nichi Aviña, 2022 California Teacher of the Year recipient.
9. STUDENT BOARD MEMBER REPORT
Quick Summary / Abstract:

The Student Board Member Reports will be presented by Mt. San Jacinto High School Student Board Member Christopher Vega and Palm Springs High School Student Board Member Keona Corona.


10. PUBLIC COMMENT
Quick Summary / Abstract:

E-mail Comments: Submit your public comment to the Board of Education's Senior Administrative Assistant electronically. Comments may be emailed to mrizya@psusd.us. Written comments are limited to 250 words. To provide adequate time to compile and distribute, please submit no later than 12:00 p.m. on the day of the meeting. All written comments will be distributed to the Board of Education and will be included as part of the record.

Telephonic Comments: You may provide telephonic comments by calling the District Office at (760) 325-8760 no later than 4:00 p.m. on the day of the meeting to be added to the public comment queue. At the appropriate time, a staff member will call you so that you may provide your public testimony to the Board of Education. When called, please reduce the meeting video volume to reduce any echoes or feedback.

All comments are to be directed to the Board, be under three minutes and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.


11. BOARD MEMBER COMMENTS
12. SUPERINTENDENT'S REPORT
13. PUBLIC HEARING
13.a. PUBLIC HEARING REGARDING THE JAMES WORKMAN MIDDLE SCHOOL UPGRADES AND MODERNIZATION PROJECT (OE-12.8)
Rationale:

The Governing Board will hold a public hearing to consider facts and testimony to determine whether approval of a comprehensive modernization upgrades to the campus and buildings and replacement of portable classrooms with permanent built classrooms at James Workman Middle 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.

 
14. BOARD ACTION ITEMS
14.a. ADOPTION OF RESOLUTION NO. 2021/2022-77, APPROVAL OF THE MITIGATED NEGATIVE DECLARATION AND ADOPTING THE MITIGATION MONITORING PROGRAM FOR JAMES WORKMAN MIDDLE SCHOOL UPGRADES AND MODERNIZATION PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE CALIFORNIA EDUCATION CODE; APPROVING THE PROJECT AND DELEGATION OF AUTHORITY TO STAFF TO EXECUTE THE NOTICE OF DETERMINATION (OE-12.13)
Rationale:

The Palm Springs Unified School District (District) proposes comprehensive modernization upgrades to the campus and buildings of James Workman Middle School to meet current code requirements (proposed Project). The project scope includes the removal of the existing aging portable classrooms which will be replaced with permanent one-story build classrooms in the same location. The administration area, library, locker rooms, kitchen, classrooms will be modernized and adapted to meet the immediate and long-term educational programming needs of the campus. Implementation of the proposed Project would provide the district with an updated and modern school facilities on the James Workman Middle School campus

Prior to commencing the proposed Project, the District must comply with the California Environmental Quality Act (CEQA).  On September 22, 2021, an Initial Study(IS) was prepared for the proposed Project and circulated a Notice of Intent (NOI) of the Draft Mitigation Negative Declaration (MND) for a 30-day review and comment by the Public and by responsible and reviewing agencies. The review period ended October 22, 2021. 

The Final MND/IS, combined with the Draft MND/IS, constitutes the complete environmental review document for the proposed Project to be consider by the PSUSD Board of Education, as the Lead Agency. State CEQA Guidelines require that the Lead Agency consider the MND/IS together with any comments received during the public review prior to approving a project.

The resolution sets forth the District Board’s findings with respect to the proposed Project and adopts and certifies complete compliance with CEQA and that there is not substantial evidence that the proposed Project will have a significant effect on the environment and that the MND/ID reflects the Lead Agencies independent analysis. The resolution also adopts a Mitigation Monitoring Program. After the resolution has been adopted, the District must file a Notice of Determination (NOD) with the State Clearinghouse and the Riverside County Clerk.

 
Financial Impact:
No Financial Impact at this time.
Attachments:
JWMS Notice of Determination BOE 011122
Notice of Intent to Adopt a Mitigated Negative Declaration
Resolution 2021/2022-77
14.b. APPROVAL OF COMPROMISE AND RELEASE AGREEMENT #21/22-04 BETWEEN PARENTS AND DISTRICT DATED DECEMBER 1, 2021 (OE-6.1)
Rationale:

As a result of legal mediation regarding a District student, a Compromise and Release Agreement was reached by all involved parties on December 1, 2021.

This agreement for consideration is presented in a separate confidential document.

 
Financial Impact:
Total costs for compliance is approximately $74,011.29 to be funded from the Special Education budget.
14.c. APPROVAL OF COMPROMISE AND RELEASE AGREEMENT #21/22-05 BETWEEN PARENTS AND DISTRICT DATED DECEMBER 14, 2021 (OE-6.1)
Rationale:

As a result of legal mediation regarding a District student, a Compromise and Release Agreement was reached by all involved parties on December 14, 2021.

This agreement for consideration is presented in a separate confidential document.

 
Financial Impact:
Total costs for compliance is approximately $44,500.00 to be funded from the Special Education budget.
14.d. APPROVAL OF RATIFICATION OF SUCCESSOR AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND PALM SPRINGS TEACHERS ASSOCIATION (OE-4.9)
Rationale:

The Palm Springs Unified School District (District) and Palm Springs Teachers Association (PSTA) have reached agreement on a successor agreement between the parties. PSTA has ratified this agreement, per their bylaws.  Therefore, the District is pleased to recommend this agreement and looks forward to a continued positive working relationship with PSTA.

A cost analysis of the proposed agreement, a requirement of AB-1200, is attached. 

 
Attachments:
2021-22 PSUSD AB1200 - PSTA -BOE 1-11-2022
PSUSD & PSTA Tentative Agreement
14.e. APPROVAL OF RATIFICATION OF SUCCESSOR AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND CALIFORNIA TEAMSTERS, LOCAL 911, (TEAMS 1) (OE-4.9)
Rationale:

Palm Springs Unified School District and California Teamsters, Local 911, (TEAMS 1), have reached agreement on a successor agreement between the parties. Teamsters has ratified this agreement, per their bylaws. Therefore, the District is pleased to recommend this agreement and looks forward to a continued positive working relationship with Teamsters.

A cost analysis of the proposed agreement, a requirement of AB-1200, is attached.

 
Financial Impact:
As shown in AB-1200
Attachments:
2021-22 PSUSD AB1200 - TEAMS 1 - BOE 1-11-2022
TA PSUSD & TEAMS 1
14.f. APPROVAL OF RATIFICATION OF SUCCESSOR AGREEMENT BETWEEN PALM SPRINGS UNIFIED SCHOOL DISTRICT AND CALIFORNIA TEAMSTERS, LOCAL 911, (TEAMS 2) (OE-4.9)
Rationale:

Palm Springs Unified School District and California Teamsters, Local 911, (TEAMS 2), have reached agreement on a successor agreement between the parties. Teamsters has ratified this agreement, per their bylaws. Therefore, the District is pleased to recommend this agreement and looks forward to a continued positive working relationship with Teamsters.

A cost analysis of the proposed agreement, a requirement of AB-1200, is attached.
 
Financial Impact:
As shown in AB-1200
Attachments:
2021-22 PSUSD AB1200 - TEAMS 2 - BOE 1-11-2022
TA PSUSD & TEAMS 2
14.g. APPROVAL OF SALARY INCREASE – CERTIFICATED ADMINISTRATORS, CLASSIFIED MANAGERS, AND MANAGEMENT/CONFIDENTIAL EMPLOYEES (OE-4)
Rationale:

The following increased compensation for Certificated Administrators, Classified Managers, and Management/Confidential employees is submitted for approval:

  • 4.5% on Salary Schedules, retroactive to July 1, 2021
  • .5 increase to health benefits (includes .31% increase from June and additional .19%, this equals $661 increase to the benefits cap)


 
14.h. APPROVAL OF REJECTION OF CLAIM NO. 2021/2022-02; NINA SHINE VS. PSUSD (601174)(OE-7)
Rationale:
The Claim No. 2021/2022-02; NINA SHINE vs. PSUSD (601174) is submitted for Board rejection.
 
14.i. APPROVAL OF EXPULSION CASE 2021/2022-025, RECOMMENDATION AND FINDINGS OF FACT AND CONCLUSION OF LAW (OE-11)
Rationale:
The Administration requests the Board take action on the recommendation of the administrative hearing panel in the hearing of case 2021/2022-025.
 
15. SUPERINTENDENT'S CONSENT ITEMS
15.a. APPROVAL OF CERTIFICATED AND CLASSIFIED EMPLOYEE TRANSACTIONS (OE-4.4)
Rationale:
The Certificated and Classified Human Resources report dated January 11, 2022, is submitted for approval.
 
Attachments:
Certificated HR Report - BOE 01-11-2022
Classified HR Report - BOE 01-11-2022
15.b. APPROVAL OF THE DISTRICT CALENDAR FOR 2022/2023 SCHOOL YEAR (OE-10.9)
Rationale:
The 2022/2023 District Calendar is submitted for approval.
 
Attachments:
2022-2023 District Calendar - BOE 1-11-2022
15.c. APPROVAL OF ACCEPTANCE OF GIFTS (OE-6)
Rationale:

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.



 
Attachments:
Gift Acceptance BOE 011122
15.d. APPROVAL OF WORK-BASED LEARNING BUSINESS AND COMMUNITY PARTNERS (OE-10.5)
Rationale:

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.

 
Attachments:
WBL Business Partners (1/11/2022)
15.e. APPROVAL OF CHANGE ORDER NO. 1 TO AGREEMENT NO. C0004156 WITH R DEPENDABLE CONSTRUCTION INC. FOR THE COMPUTER LAB RENOVATION AT BELLA VISTA ELEMENTARY SCHOOL (OE-12.12)Was edited within 72 hours of the Meeting
Rationale:

Change Order No. 1 provides the necessary additional work due to unforeseen field conditions. The work includes 3 fire sprinkler head relocations to accommodate new non-bearing wall at Bella Vista Elementary School for a total of $1,382.81. The original Contract Sum was $91,100.00, new final contract amount is $92,482.81.

Change order No. 1 in the amount of $1,382.81 is 1.5 % of the original contract.

ORIGINAL CONTRACT

$ 91,100.00

Change Order No. 1 (1.5%)

$ 1,382.81

FINAL CONTRACT AMOUNT

$ 92,482.81



 
Financial Impact:
$1,382.81 - Capital Facilities Fund
Attachments:
Change Order No. 1 R Dependable
15.f. APPROVAL TO FILE THE NOTICE OF COMPLETION WITH REED FAMILY ENTERPRISES INC., FOR THE CONSTRUCTION OF TWO NEW OFFICE ADDITIONS AT THE DISTRICT ADMINISTRATION CENTER, AGREEMENT NO. C0004097 (OE-12.14)
Rationale:

The construction of the two new office additions at the District Administration Center, has been completed per Plans and Specifications by Reed Family Enterprises Inc.

A “Punch List” was prepared and provided to the contractor for the project and the items have been corrected.  In the event that any new items are discovered, they are covered by the one-year labor warranty period and extended equipment warranties.

The Facilities Planning and Development staff have verified that this work is complete and that the Notice of Completion be filed with the Riverside County Recorder.

 
Financial Impact:
None at this time
Attachments:
Notice of Completion DAC Office Additions
15.g. APPROVAL OF AGREEMENTS TEN THOUSAND DOLLARS OR MORE AND OTHER CONTRACTS (OE-6.2)
Rationale:

Presented for approval are the agreements ten thousand dollars or more and other contracts as presented for 11/16/2021 through 12/15/2021.

 
Financial Impact:

As specified for each agreement.

Attachments:
AGREEMENTS OVER $10,000 BOE 01.11.22 (OE-6.2)
15.h. APPROVAL OF PURCHASE ORDER REPORT (OE-6.2)
Rationale:

The Purchase Order Report from 11/16/2021 through 12/15/2021 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

 

 
Financial Impact:

As specified in the report.       

Attachments:
PURCHASE ORDER REPORT BOE 01.11.22 (OE-6.2)
16. BOARD CONSENT ITEM
16.a. APPROVAL OF MEETING MINUTES - DECEMBER 14, 2021
Attachments:
Draft Regular Board Minutes 121421
17. INFORMATION
17.a. 2021-22 REFERENCE GUIDE TO ALLOWABLE TITLE I & LCFF/LCAP EXPENDITURES (OE-6)
Rationale:
Federal law directs that Title I funds are to be used for the purpose of raising the student achievement of low-income students to proficient and above. In addition, the Title I Schoolwide Program can utilize funds to enhance the educational efficacy of the entire school. Professional learning to enhance teacher effectiveness and parent engagement to build parent capacity are considered critical to this primary intent.
 
Attachments:
21-22 Reference Guide to Allowable Title 1, LCFF Expenditures BOE 011122
18. SUGGESTIONS FOR FUTURE AGENDAS
19. SETTING OF THE NEXT BOARD MEETING
19.a. Special Board Meeting: January 20 - 21, 2022 - Board Retreat
19.b. Regular Meeting: January 25, 2022, 6:00 p.m.
Quick Summary / Abstract:
Closed Session: Regular Meeting:
20. DEBRIEF
21. ADJOURNMENT

Published: January 7, 2022, 2:57 PM

The resubmit was successful.