Board Meeting Notes: June 29, 2022 Regular Meeting
Fremont Unified School District
Board of Education Meeting Summary
June 29, 2022 (Regular Meeting)
Click to View the Agenda of this Board Meeting
Click to View a Recording of this Board Meeting
At its June 29th meeting, the FUSD Board of Education:
6.1 Reported on Action Taken in Closed Session
Board President Dianne Jones joined the meeting during Closed Session.
The four members present at the time of the vote unanimously appointed the following administrators:
- Director – Secondary Education: Dr. Jesús Jiménez
- Director – Certificated Personnel: Dr. Zachary Kahn
- Assistant Principal – Walters Middle School: Dr. Susan Lemke
- Assistant Principal – Walters Middle School: Ms. Michelle Tibbs
7.1 Heard the Superintendent Report
Superintendent CJ Cammack reported that staff are transitioning from the regular school year to summer programs, while preparing for the 2022-23 school year. He expressed appreciation for FUSD’s classified employees for their work to support our district.
He also thanked Irvingington High School for hosting him for a visit at their summer program.
Also, staff are addressing concerns raised at the last Board meeting regarding the Grimmer Elementary playground, and plans to provide an update to involved parties in the coming weeks.
7.2 Heard the Student Member Report
Student Board Member Sissi Zhang was absent; an alternate SURFBoardE representative participated in the meeting and provided an update: students are on summer vacation, and SURFBoardE is preparing for the coming school year.
8. Approved the Consent Calendar (Items 9.1 - 12.3)
The Board unanimously approved all Consent items.
15.1 Approved the Local Control Accountability Plan (LCAP) for 2022-23
Assistant Superintendent Leticia Salinas and Director Christie Rocha presented the final 2022 Local Control andAccountability Plan (LCAP).
The LCAP is a critical part of the Local Control Funding Formula (LCFF), which provides a base grant to all school districts and supplemental funding to address the needs of eligible students. Eligible students include English Learners (EL), low income students, foster youth, and homeless youth. Each school district must engage parents, students, employees, and the community in the development of the plan. The plan is designed to describe the district's vision for students, annual goals and specific actions the district will take to achieve the vision and goals.
Each district is required to hold two public meetings, the first is designed to receive feedback (public hearing) and the second public meeting is designated for adoption of the plan. On June 15, 2022, FUSD held a public hearing and presented to our Board of Education.
This final LCAP is now presented for approval by the Board of Trustees. After approval, the LCAP will then be submitted to the Alameda County Office of Education by June 30, 2022.
The Board unanimously approved the Local Control Accountability Plan (LCAP) for 2022-23.
15.2 Accepted Information About the California School Dashboard Report on Local Indicators for Fremont Unified School District for 2021-22
The California School Dashboard is a website that shows how local educational agencies and schools are performing on the indicators in California's school accountability system. The Dashboard was created to give parents and the public a better idea of what is happening in our schools and districts and to identify where extra assistance is needed.
The Dashboard is a component of the Local Control Funding Formula passed in 2013 that significantly changed how California provides funding to public schools and holds local educational agencies accountable for student performance. California's new school accountability system provides a more complete picture of how schools are meeting the needs of all students. The Dashboard shows performance on multiple measures that contribute to a quality education for students.
State data is not available for some priority areas identified in the Local Control Funding Formula law. For these priority areas, the State Board of Education approved the local indicators, which are based on information that local educational agencies collect. These local indicators are:
- Basic Services
- Implementation of Academic Standards
- Parent Engagement
- School Climate
- Access to a Broad Course of Study
The Dashboard includes self-reflection tools that the State Board of Education approved as part of the new accountability system. Local educational agencies complete those self-reflection tools and can upload the information to be displayed through the Dashboard.
This agenda item was presented to the Board of Education as a regular agenda item on June 15, 2022. The Alameda County Office of Education advised FUSD that the District must also include this item on the June 29, 2022 agenda to coincide with our LCAP approval process. The information included on this item and the related attachment is unchanged from the June 15, 2022.
The Board unanimously received and accepted the information about the California School Dashboard report on 2022 LCAP Local Performance Indicator Self-Reflection for Fremont Unified School District for 2021-22.
15.3 Approved the 2022-23 Proposed Budget and Resolutions 047-2122 and 048-2122 to Commit Funds - Attachments Updated 6/28/22
Pursuant to Education Code (EC) 52062(b)(1), school districts are required to hold a public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the Local Control and Accountability Plan (LCAP). The public hearing shall be held at the same meeting as the public hearing required by EC 42127(a)(1) for the Budget to be adopted in the subsequent fiscal year, which states that on or before July 1 of each year, the Governing Board of each school district shall accomplish the following:
- Hold a public hearing on the budget to be adopted for the subsequent fiscal year. The budget to be adopted shall be prepared in accordance with Section 42126. The agenda for that hearing shall be posted at least 72 hours prior to the public hearing and shall include the location where the budget will be available for public inspection.
- Adopt a budget. Not later than five days after that adoption or by July 1, whichever occurs first, the Governing Board shall file that budget with the County Superintendent of schools. That budget and supporting data shall be maintained and made available for public review.
On June 15, 2022, FUSD held a public hearing and presented the budget and the LCAP to our Board of Education.
The District is projecting a Fund 01 beginning fund balance of $74.6 million. The projected revenue is $414.5 million and projected expenditures is $413.4 million. The ending fund balance is projected at $75.5 million. The District's Reserve for Economic Uncertainties is estimated at 6.6% or $27.4 million.
The District prepared a multi-year budget projection to determine if the District will be able to meet its financial commitments for the current and two (2) projected years.
Based on these assumptions, the District will be able to meet its financial commitments for 2022-23 and two (2) succeeding years.
See the Proposed Budget Presentation 2022-23 and Final 22-23 Adopted Budget Book.
The following 2022-23 Proposed Budget forms are for the Board's approval and signature: budget certification form, worker's compensation form and Resolution 047-2122 and Resolution 048-2122 for committing funds in 2021-22 and 2022-23.
The Board unanimously approved the proposed budget for 2022-23 showing that the Fremont Unified School District will be able to meet its financial obligations for the current fiscal year and the subsequent two years based on assumptions, and Resolutions 047-2122 and 048-2122 to commit funds in 2021-22 and 2022-23.
15.4 Received the School Resource Officer Program - End of Year Reporting
School Resource Unit Sergeant Calvin Tang presented information on this program.
The Fremont Police Department and Fremont Unified School District have had a professional partnership since 1998. A School Resource Officer (SRO) was assigned to each of the six high schools and serves all schools and offices throughout the District. The mission of the SRO unit is to ensure a safe learning environment for students, teachers, and school administrators.
- At the July 21, 2021 Board Meeting, the Board took action to approve an MOU/Handbook for the SRO program between FUSD and the City of Fremont/Fremont PD.
- At the November 17, 2021 Board Meeting, the Board took action to approve a revised MOU/Handbook for the SRO program between FUSD and the City of Fremont/Fremont PD.
At the January 26, 2022 Board Meeting, staff provided the Board a mid-year report covering data and program developments from August 18, 2021 (first day of school) through December 23, 2021 (last day before winter break).
The MOU and Handbook outline parameters for mid-year and year end reporting of data and updates on program developments. Fremont Police Department staff and FUSD staff provided the Board of Education a final end of year report regarding the SRO Program for the 2021-2022 school year, as well as preliminary end of the year data on FUSD suspensions and expulsions.
This was not an action item.
15.5 Appointed Fremont Unified School District Measure I Citizens' Oversight Committee Members
On June 7, 2016, the citizens of Fremont approved to continue a local funding measure, Measure I, an annual tax of $73 per parcel that will generate approximately $4.3 million annually for nine (9) years. Measure I includes a requirement that the District establish a Citizens' Oversight Committee to ensure that the revenue received is spent in accordance with the commitment made to the voters.
The Board of Education selects and appoints committee members. The committee will consist of 11 seats as follows:
- Two (2) Local Business/Community Members who live or conduct business in Fremont,
- Six (6) Parent/Guardian Members of current FUSD students,
- One (1) Student Representative, and
- Two (2) Senior Members (age above 65 years)
For the 2022-2024 term, there are currently eight (8) vacancies on the Measure I Citizens' Oversight Committee. The vacancies are in the following categories:
- One (1) Business/Community Member
- Four (4) Parent/Guardian Member
- One (1) SURFBoard E Student Member
- Two (2) Senior (65+) Member
A list of current members is attached.
The District has received four (4) applications for the Parent/Guardian category, one (1) application for the Senior Member category. Staff has prepared a ballot for the Board's use.
The Board unanimously approved parent/guardian members Dhanashri Nandavikar, Amit Datar, Anil Surya and Maz Bijan; and senior (65 +) member Kathleen Lang.
15.6 Authorized Staff to Enter Into Agreement with Sodexo America, LLC. to Provide Food Service Management Services
Pursuant to Education Code sections 38090-38093, in order to operate a food service program, school districts must establish a Cafeteria Fund to account separately for federal, state, and local resources.
On May 24, 2017, the Board of Education authorized staff to submit a Request for Proposal (RFP) for consulting services for the Child Nutrition Services (CNS) program. The functions of the consulting services firm include evaluation of the CNS program and to provide consulting and assistance in the implementation of strategic solutions to address its current challenges. Additionally, the consulting services firm will assist in the leadership of the CNS department, but will not have a supervisory role. Supervision of the CNS staff will be headed by the CNS Supervisor.
On August 23, 2017, the Board of Education (Board) authorized staff to enter into a contract agreement with Sodexo for a period of one (1) year starting September 1, 2017, with an option to extend the contract with Board approval, for up to an additional four (4) one (1) year agreements. The contract was extended for a one year period at the following meetings: June 27, 2018, July 31, 2019 July 29, 2020, and June 24, 2021.
On February 4, 2022, the District sent out a Request for Proposals for these services for the upcoming school year (2022-23) as authorized by Public Contract Code section 20111(c). The RFP documents can be accessed by clicking here.
Two (2) responsive proposals were submitted by:
The two (2) proposals were evaluated and scored. Based on the evaluation criteria, staff recommends entering into an agreement with Sodexo for a period of one (1) year, with the option to extend contract, with Board approval, for up to five (5) one (1) year agreements.
The Board unanimously authorized staff to enter into agreement with Sodexo America, LCC to provide food service management for the 2022-2023 school year.
15.7 Approved i-Ready Educational Software for 2022-2024
i-Ready is a diagnostic assessment system that was adopted by FUSD at the October 28, 2020 Board of Trustees meeting. The Board approved the adoption of i-Ready for grades 1-5. Access to i-Ready was expanded to include grades 6-8 at the December 16, 2020 meeting. i-Ready was fully implemented as the grade level assessment program in FUSD with the spring 2021 administration.
FUSD's i-Ready contract is current through November 2022. Instructional Services plans to continue to deliver i-Ready assessments to all students in the 2022-23 school year in grades 1-12. This proposed funding would extend i-Ready's FUSD license through the 2023-24 school year.
The cost is $832,965.25 and includes access to i-Ready assessments for grade levels 1-12 as well as access for FUSD teachers and students in grades 1-6 to include i-Ready Personalized Instruction, which are online lessons that target student needs based on the diagnostic assessment.
The Board unanimously approved the continued funding for i-Ready licenses through June 30, 2024.
15.8 Authorized Staff to Enter Into Agreements with Non-Public Agencies for Extended School Year (ESY) 2022
Through a student's IEP (Individualized Education Program) the team will review the student's needs and interests. The types of services for students with disabilities will vary. With the differences in needs and interests among students with disabilities, there is no single definition of what a LRE (least restrictive environment) will be for all students.
Fremont Unified School District currently has students whose IEP indicates they are to receive services in an extended school year. In order to serve the needs of the students, FUSD currently needs to contract out for additional services through Non-Public Agencies, despite efforts to employ district staff, including, but not limited to: Registered Behavior Technician, Paraeducator, Registered Behavior Technician (RBT), Occupational Therapy, Nurse, Speech/Language Pathologist, Educationally Related Mental Health services and Physical Therapy services.
The Board unanimously authorized staff to enter into agreements with Non-Public Agencies for Extended School Year 2022.
15.9 Approved Maintaining the Current Coverage for Property and Liability Insurance
Fremont Unified School District is a member of a JPA (Joint Powers of Authority) and retains insurance coverage from NCR (Northern California ReLiEF). The District currently has coverage for Liability, Property, Equipment Breakdown, and Cyber Liability.
Staff recommends the District accept the current NCR coverages and MRL (Member Retained Limit) for a total program cost of $2,337,524 with an anticipated annual rate increase of approximately 10% due to the rise in property and liability claims throughout the insurance industry.
The Board unanimously approved Coverage of Property and Liability Insurance through Northern California ReLiEF.
15.10 Authorize Staff to Enter Into an Agreement with Raibon & Associates for Environmental Services
District staff use chemicals in science laboratories and cleaning supplies. These chemicals are considered hazardous materials and are subject to legal requirements including training of personnel, accurate reporting of inventories, and proper waste disposal. To comply with these legal requirements, the District works with two environmental service providers: AP Keenan & Associates provides training and inventory management, and Raibon & Associates provides waste disposal.
Raibon & Associates has been providing environmental services for the District since 2012.
In order to comply with all legal requirements related to hazardous waste disposal, and to address increased disposal requirements as a result of growth in the student population, staff recommends Board authorization to enter into a 4-year agreement with Raibon & Associates for environmental services through June 30, 2026, for a total cost of $160,000. The proposed agreement represents an annual not-to-exceed amount of $40,000. The actual cost to the District is measured and billed in time and volume of disposal.
The Board unanimously authorized staff to enter into an agreement with Raibon & Associates for environmental services.
15.11 Authorized Staff to Enter Into a Joint Use Agreement with the City of Fremont for the Traffic Signal at Thornton Junior High School at Thornton Ave & Oak Streets
Staff has met with the City of Fremont regarding the installation of a new traffic signal located in front of Thornton Junior High School. This signal is required by the City of Fremont and Division of the State Architects Office for compliance and safety of the students attending the school. This additional signal was required due to the increase in enrollment at the site. The current configuration does not allow for sufficient flow of traffic and pedestrian walking traffic to be accommodated. The City of Fremont accepted this plan at the City Council meeting in January 2022, and approved it with no exception taken. After review with our legal counsel Fremont Unified School District is now required to counter approve and sign the agreement. Both the City of Fremont and School District are contributing equal funds for the signal at the site.
This expense falls within the allocation agreed upon by the General contractor, Blach Construction at the execution of the agreement in 2020.
The Board unanimously authorized staff to enter into agreement with the City of Fremont for the new traffic signal located at Thornton Ave and Oak Street.
15.12 Authorized Staff to Amend the Agreement with Construction Testing Services, Inc. for the New Construction and Modernization Project at Thornton Junior High School (Middle School Conversion)
On January 22, 2020, the Board of Trustees (Board) authorized staff to enter into an agreement with CTS to provide testing and inspection services for the Increment 1 and 2 new construction and modernization projects at Thornton.
On March 23, 2022, the Board authorized staff to amend the agreement with CTS to address additional time to complete testing and inspection of the grade beam and structural concrete beam, Increment 2. The need for these services resulted from additional review comments received from The Division of the State Architect (DSA), requiring modifications to the foundation system for the project at Thornton.
The Division of the State Architect has approved Increment 3 - Modernization and Sitework and Increment 4 - New Administration/Library Building. These additional services are necessary to provide continued special testing and inspection services during construction as required by DSA.
Staff requests authorization to amend the agreement with Construction Testing Services Inc., for the project at Thornton in the amount of $123,368. The amended total project budget will be $415,449.
The cost of this work is within the budget for the project.
Consulting services are not covered under the Project Stabilization Agreement (PSA) and as such, this work is excluded from the PSA. PSA applies to project construction contracts only.
The Board unanimously authorized staff to amend the agreement with Construction Testing Services Inc. (CTS), for the New Construction and Modernization Project at Thornton Junior High School (Thornton).
15.13 Authorized Staff to Utilize Funds From Fund 25 for Furnishing and Equipment for the Opening of Lila Bringhurst Elementary School SY 2022/2023
Construction of a new school commenced in September 2017, and on September 27, 2017, the Board, on a unanimous vote, named the new school as Lila Bringhurst Elementary School.
After Bringhurst was conveyed to the District in December of 2020, several technology and mechanical equipment installations were performed to prepare the facilities for the public. To date, District staff has identified approximately 233 students living within the Bringhurst boundary and currently attending other elementary schools district-wide. Under the relevant terms of the Mitigation Agreement and pursuant to the Board’s action of May 8, 2019, Bringhurst must open its doors to its students. The FUSD Board of Trustees approved the opening of the school on January 12, 2022. Staff respectfully requests that funds be made available to utilize in the opening of the school for the 2022-2023 school year.
Staff requests authorization to utilize funds in the amount of $225,000 to accommodate the costs for school equipment and supplies for opening on August 17,2022.
The Board unanimously authorized staff to utilize funds from Fund 25 to purchase start up furnishings and equipment for Lila Bringhurst Elementary School (Bringhurst) SY 2022/2023.
15.14 Authorized Staff to Enter Into an Agreement with Premier Inspection Services for Project Inspector Services for the Modernization Project at Kennedy High School
Construction phase consultant services for project inspector services are required by the Division of State Architects (DSA) and the District for the Measure E Facilities Construction Program.
The District requested proposals from the pool of qualified project inspectors approved by the Board on February 24, 2021. The scope of services includes providing construction inspection oversight for all issues related to structural, access, fire and life safety.
The District received three (3) responses. The respondents were deemed qualified based on the following criteria:
- Responsiveness to the RFP
- Description of approach and applicability to project
- Quality of staff and staff experience
- Fee
Staff requests Board authorization to entering into an agreement with Premier Inspection Services for a total cost of $345,750. The project falls within the project budget already Board approved.
The Board unanimously authorizes staff to enter into an agreement for project inspector services with Premier Inspection Services for the modernization project at Kennedy High School.
15.15 Authorized Staff to Amend the Agreement with DSA School Inspectors for the New Construction and Modernization Project at Thornton Junior High School (Middle School Conversion)
On January 22, 2020, the Board of Trustees (Board) authorized staff to enter into an agreement with DSA School Inspectors for Inspection Services for the Increments 1 and 2 new construction and modernization projects at Thornton in an amount not to exceed $840,805.
The Division of the State Architect (DSA) has approved Increment 3 - Modernization and Sitework and Increment 4 - New Administration/Library Building. These additional services are necessary to provide continued inspection services during construction, as required by DSA.
Staff requests authorization to amend the agreement with DSA School Inspectors for the project at Thornton in the amount of $665,338. Amended total project budget will be $1,506,543.
The cost of this work is within the budget for the project.
The Board unanimously authorized staff to amend the agreement with DSA School Inspectors for the New construction and Modernization project at Thornton Junior High School.
15.16 Approved Resolution 052-2122 Authorizing Piggyback Contract for Lease of Relocatable Structures with Mobile Modular Management Corporation Pursuant to Public Contract Code Section 20118
Staff recommends the Board adopt Resolution No. 052-2122 to authorize and approve the Agreement Incorporating Piggyback Contract for Relocatable Structures with McGrath RentCorp dba Mobile Modular Management Corporation in an amount not-to-exceed $383,868 for the lease, delivery, and set-up of twelve portable classrooms for the John F. Kennedy High School.
Under Public Contract Code section 20111, the District is required, absent an exception, to competitively bid the lease or purchase of equipment, materials, or supplies exceeding the bid threshold ($99,100 for 2022). Public Contract Code section 20118, commonly referred to as a piggybacking statute, is an exception to the competitive bidding requirement, and allows the District to lease or purchase equipment, materials, or supplies by utilizing an existing contract authorized by law between a vendor and another public agency under the same terms as are available to the other public agency under the existing contract.
Pajaro Valley Unified School District has procured a contract (“Piggyback Contract”) with McGrath RentCorp. dba Mobile Modular management Corporation (“Mobile Modular”) for the lease or purchase of relocatable classroom buildings and relocatable toilet room buildings (“Equipment”). The Piggyback Contract provides that any California school district may lease or purchase the Equipment at the same price and upon the same terms as the Piggyback Contract.
District staff have researched the costs and terms of the Piggyback Contract and believe that the prices of the Piggyback Contract are reasonable and that it would be in the best interests of the District to utilize the Piggyback Contract to lease the relocatable classrooms pursuant to the attached Agreement Incorporating Piggyback Contract for Relocatable.
Staff requests this Board approve the Agreement Incorporating Piggyback Contract in the amount of $383,868 to lease relocatable classrooms from Mobile Modular. Further, staff requests authorization for the Superintendent and designees to take all steps and perform all actions necessary to finalize and enter into the Agreement Incorporating Piggyback Contract with Mobile Modular, and to take any actions deemed necessary to protect the best interests of the District.
The Board unanimously approved the resolution authorizing piggyback contract for lease of relocatable structures pursuant to Public Contract Code section 20118.
15.17 Authorized Staff to Utilize Funds Allocated for the Middle School Contingencies at Centerville & Hopkins for the Middle School Conversion Projects in the Amount of $4,198,656.
On January 30, 2019, the Board authorized additional funding to be allocated to the Middle School Conversion projects. These funds were set aside due to substantial changes that occurred due to unforeseen conditions on Walters Middle School (Walters), Horner Middle School (Horner), and previous elementary school projects that were completed. At this time, we have received several cost proposals for work that is required for continuation of the projects.
These additional expenses incurred include dry rot, mold, and structural failures of support beams in several buildings. We recently received additional supplemental instructions from the Division of the State Architect (DSA) to modify the ground floor slabs of the two new facilities at Hopkins. By accommodating all of these changes, we will greatly reduce our current contingency budgets for each project. These cost impacts early in the construction process are not unusual, but we were not able to anticipate the extent of the damage we have identified at the time the projects were budgeted. These additional funds requested will allow for these unforeseen conditions to be accommodated without disrupting the current available funds for additional work that may arise as we complete these projects.
Currently at Hopkins MS, we have experienced an increase in repairs of $288,000 with an anticipated $588,000 in additional expenses.
Currently at Centerville MS we have experienced $877,000 in dry rot expenses additional $3,100,000 in worst case scenario expenditures for full replacement of three buildings in the event we are unable to contain the dry rot and termite damage in the portable classrooms. In the event we can minimize the exposure, we may be able to repair and support the minimal replacement of structural elements under $2,000,000 for all repairs. We are seeking funding for the estimated worst-case scenario to ensure sufficient funding is available to complete most of the work over the summer while all affected areas are unoccupied.
The current contingency funds approved and identified for this scope of work for each project have been utilized and will be exhausted during the completion of this work.
Staff is requesting funding be released to both projects to cover anticipated expenses associated with the dry rot repairs. Costs identified are estimates only and will be revised based on actual costs incurred for full replacement and repairs when work is completed. In the event insufficient funds are identified, staff will return with revised cost proposals for completion of remaining work in the future.
The Board unanimously authorized a total of $4,198,656 to be released for use in the projects at Centerville MS and Hopkins MS.
15.18 Authorized Staff to Amend the Agreement with MECA Consulting, Inc. Company, dba Millennium Consulting Services for the New Construction and Modernization Project at Thornton Junior High School (Middle School Conversion)
Staff requests authorization to amend the agreement with MECA Consulting, Inc. Company, dba Millennium Consulting Services for industrial hygienist services at Thornton in the amount of $190,936. Amended total project budget will be $290,436.
The Division of the State Architect (DSA) has approved Increment 3 - Modernization and Sitework and Increment 4 - New Administration/Library Building. These additional services are necessary to provide continued industrial hygienist services during construction as required by DSA.
The cost of this work is within the budget for the project.
The Board unanimously authorized staff to amend the agreement with MECA Consulting, Inc. Company, dba Millennium Consulting Services, for the New Construction and Modernization project at Thornton Junior High School.
The next Regular Meeting is scheduled for July 27, 2022 at 6:30pm (time subject to change)
