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Board Meeting Notes: December 8, 2021 Regular Meeting
Posted 12/10/21

Fremont Unified School District 

Board of Education Meeting Summary

December 8, 2021 (Regular Meeting)

Click to View the Agenda of this Board Meeting
Click to View a Recording of this Board Meeting

At its December 8th meeting, the FUSD Board of Education:

6.1 Reported on Action taken in Closed Session

The Board unanimously rejected a government claim filed by the California School Employees Association.

The Board unanimously approved a settlement agreement for Office of Administrative Hearing (OAH) Case No. 2021090809.

7. Performed Annual Organization of the Board of Education

Education Code Section 3143 provides that the Board of Education shall hold its annual organization meeting at a regular meeting during the same 15-day calendar period during election years or non-election years.

Policies of the Board of Education require election to the positions of President of the Board of Education, Vice President of the Board of Education and Clerk of the Board of Education.

7.1 Elected the President of the Board of Education

Trustee Dianne Jones was unanimously elected as President of the Board of Education.

7.2 Elected the Vice President of the Board of Education

Trustee Vivek Prasad was unanimously elected as Vice President of the Board of Education.

7.3 Elected the Clerk of the Board of Education

Trustee Yajing Zhang was unanimously elected as Clerk of the Board of Education.

7.4 Appointed Superintendent as Secretary to the Governing Board

Education Code and Board Policy 9320 require that the Board appoint the Superintendent as Secretary to the Governing Board.

Superintendent CJ Cammack was unanimously appointed as Secretary to the Governing Board.

8.1 Heard Superintendent Report

Last week four Trustees and Superintendent Cammack attended a CSBA statewide conference. Superintendent Cammack thanked trustees for supporting two students to attend the conference. 

This week Superintendent Cammack visited Irvington, Brier and Glankler and credited the students and staff for the excellent work they’re doing. 

Thanked FUSD Risk Manager Rowena Cowan and additional staff for hosting successful vaccination clinics last weekend that served our youngest students and provided access to boosters as well. 

8.2 Heard Student Member Report

Grateful for opportunity to attend CSBA conference. 

Some schools are hosting winter week and winter balls, all working hard to prepare for finals ahead of Winter Break.

9.1 Approved Consent Calendar

Student Member Dalmia commented on item 11.1 Approve the 2022-2023 Middle School/Junior High and Senior High Course Catalogs; is grateful to see expansion of ethnic studies from current four sites to include Mission San Jose High School, would like to see it expanded to Kennedy High School in future years. 

The Board unanimously approved Consent items 10.1 - 13.3. 

16.1 Heard Update on the Opening of the 2021-2022 School Year

Superintendent Cammack presented pending revisions to the FUSD COVID-19 Safety Plan, which will be made in accordance with CDPH guidance before finalized. 

Trustees would like to clarify language around testing and quarantine requirements for students going on field trips, including requiring students to follow CDC travel guidance

No vote, information item.

16.2 Approved First Interim Budget Report for 2021-22

Superintendent Cammack introduced this item with a note that FUSD is in a better financial position than at last year’s first interim, at which time the Alameda County Office of Education advised structural reductions to ongoing expenditures in the budget. After hard work and tough decisions by the Board, staff and community, we made reductions, sought grants, and received one-time funds. This year we have expanded programs, increased staffing, and strategic plans for use of one-time funds. 

Education Code Section 42130 states that the Superintendent of each school district shall, in addition to any other powers and duties granted to or imposed upon him/her, submit two reports to the governing board of the district during each fiscal year. The first report shall cover the financial and budgetary status of the district for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be approved by the district governing board no later than 45 days after the close of the period being reported. 

Associate Superintendent Nancy Torres Pfeiffer presented an overview of the First Interim Budget report for 2021-22, with a recommendation that it be approved with positive certification indicating that FUSD will be able to meet its financial obligations for the current and subsequent two years.

Upon approval, the District must submit it to the County Office of Education for fiscal review. 

The District’s general fund revenues are projected to increase by $11.0 million from the 45-Day Budget Revision to $427.1 million. Expenditures are projected to increase by $12.3 million to $438.6 million. 

As a result of the changes in the revenues and expenditures, the ending fund balance is projected to increase by $31.1 million from the 45-Day Budget Revision. This leaves a reserve of approximately $53.0 million. The District reserve is projected to be 12.08%.

The Board unanimously passed the First Interim Budget report with a "Positive Certification."

16.3 Approved Resolution Choosing an Adjusted Map Option in Consideration of the Impact of 2020 Census Data on Trustee Area Map Population Balance

School districts with trustee area systems, such as FUSD, are required to review and, if necessary, adjust their trustee area map following each federal census. The Board must approve adjustments of trustee area boundaries, if necessary, to make sure the population in each trustee area is as nearly as equal as practicable, amongst other considerations. (Education Code section 5019.5(a).) 

After review of the current trustee areas, and based on the most recent census data, the District’s demographer has determined that the Trustee Area map is not in compliance with California Education Code 5019.5. The demographer has recommended that the District undertake the necessary adjustments to the trustee areas to ensure balanced population. The California Education Code requires one Board meeting to discuss and approve adjusted trustee areas so that the requirements are satisfied. 

The Governing Board convened its final public hearing on map options to receive public testimony, and a representative from Fagen Friedman & Fulfrost LLP presented proposed adjusted trustee areas based on 2020 census data. Map options are also available on the FUSD website.

The Board unanimously approved Resolution 019-2122 to Approve Adjusted Trustee Area Plan with Map A.

16.4 Adopted the Fund 25 Capital Facilities Fund (Developer Fees) Annual and Five-Year Report for the Fiscal Year Ending June 30, 2021

The District's fee consultant, Koppel & Gruber, prepared the Annual and Five-Year Report based on information provided by District staff and in accordance with the statutory requirements of Government Code sections 66001 and 66006, which require that within 180 days of the close of each fiscal year, school districts that collect school facilities fees (Developer Fees) make available to the public certain information regarding the collection and expenditure of developer fees.

Developer Fee transactions are accounted in a separate fund known as Fund 25 Capital Facilities Fund (Developer Fees Fund). The fees collected can only be used for funding construction and reconstruction of school facilities to accommodate growth generated from development subject to statutory limitations.

The Board unanimously adopted the information and findings in the Annual and Five-Year Report.

16.5 Received Annual Demographic Study Including Enrollment and Classroom Staffing Projection

SchoolWorks, Inc. shared a Fremont Demographics Report presentation to update and analyze demographic data relevant to the District’s facility planning efforts. The purpose of this report is to identify and inform the District of the trends occurring in the community; how these trends may affect future student population; and to assist in illustrating facility adjustments that may be necessary to accommodate the potential student population shifts. The District can then use this information to better plan for the need, location and timing of facility adjustments.

The updated demographic study (see Fremont Demographics 2021_Part A and Fremont Demographics 2021 _Part B) shows that the District will continue to experience decreased enrollment for the next six (6) years. The projected enrollment in 2027-28 (6 years) is 30,987 students, a decrease of 2,359 from 2021-22, or 7.07%. 

The Board took no action, information only.

16.6 Authorized Staff to Renew/Enter into a New Three-Year Agreement for Certified Athletic Trainers with Washington Hospital Healthcare System for the 2022-2023, 2023-2024, 2024-2025 School Years

Washington Sports Medicine/Washington Hospital Healthcare System (WHHS), in partnership with FUSD, has funded certified athletic trainers at all five local high schools (American, Irvington, John F. Kennedy, Mission San Jose and Washington) since 2017. The hospital would like to continue this partnership with FUSD for an additional three years, 2022-2023, 2023-2024, and 2024-2025. 

At a three-year cost of $922,013, the District would receive:

  • A full-time Certified Athletic Trainer dedicated to each high school. The trainer would work 40 hours per week from August, when the sports programs start, through the first week of June, when the programs conclude. The hours would be flexed to cover practices every day and as many sporting events as possible, home and away.

  • All the resources of Washington Sports Medicine, including supervisor support from Washington Hospital's full-time athletic trainer, who is based at Irvington High School.

  • A full-time Certified Athletic Trainer at each comprehensive high school to evaluate and treat injuries that occur in practice or games, and assist parents in navigating the healthcare system if, and when athletes need to be referred out.

In return, WHHS would request advertising at high school athletic events, gyms and training rooms.

Each school will continue providing a room to be used for athletic training and supplies such as bandaging tape, bandages, etc. Washington Sports will cover the costs of worker's compensation and liability insurance for the Certified Athletic Trainers.

The Board unanimously approved the three-year agreement.

16.7 Authorized Staff to Enter Into Agreement with Heinemann To Purchase Fountas and Pinnell Leveled Literacy Intervention

FUSD receives state and federal funding to support students who are in need to accelerate their learning, including Expanded Learning Opportunities Grant (ELOG) funds as part of the COVID relief funds available to school districts to address the needs of students after a year and a half of distance learning. Within the approval of the ELOG expenditure plan, funds have been deployed to accelerate progress to close learning gaps through the implementation, expansion or enhancement of learning supports. These learning supports include the hiring of elementary intervention teachers and the supports needed to accelerate learning. 

A supplemental committee was convened with current Intervention Teachers to review Tier 3 curricula to support students who need intensive intervention. The committee considered two options which were Standards Plus and Leveled Literacy Intervention (LLI). The criteria used for the selection process followed the 6161.12 AR in which the materials were reviewed to determine the most appropriate curriculum that would serve students who need foundational support in English Language Arts. Additionally, the committee reviewed the options to ensure that they were free from bias, aligned to State standards and were engaging for students who need foundational support. Unanimously LLI was recommended by the committee to be used as the Tier 3 curricula for intervention.

This agreement with Heinemann to purchase Fountas and Pinnell Leveled Literacy Intervention, which will support Fremont Unified School District's Multi-Tiered System of Support (MTSS) framework for responding to students who need intensive English Language Arts intervention. Authorization of the purchase would allow for kits to be purchased for all elementary schools to have intervention materials to support students in grades K-6. 

The Board unanimously authorized staff to enter into this agreement.

16.8 Directed Staff on Informational Item Regarding Proposed Energy Service Project Proposals

District has received proposals from Tesla, Inc. (“Tesla”) and Forefront Power (“Forefront”), whereby each vendor provides information regarding providing a turnkey solar solution and, with regard to Tesla, battery energy storage resiliency solution to the District. The vendors are proposing to provide the design, installation, and implementation of certain energy conservation measures on a District-wide basis, including, without limitation, work involving a mix of solar photovoltaic (PV), and with regard to Tesla, electric vehicle (EV) charging, and battery energy storage systems (Tesla Megapack) at various school sites (“Project”).

The District’s consultant, Michael Ware with EcoMotion, presented an energy cost savings analysis for the Project as proposed by Forefront and by Tesla and presented the cumulative savings associated with each vendor’s proposal. 

The purpose of this agenda item is for the Board to be presented with the Project and cost information for each vendor’s proposal and for the Board to discuss the selection of one of the vendor’s proposals and direct District staff to negotiate an energy service contract with either Forefront or Tesla for consideration by the Board at an upcoming Board meeting.

A properly noticed public hearing to provide an opportunity for public comment on the proposed Project will also be scheduled for the upcoming Board meeting.

The Board voted 3-1 (with 1 abstention) to direct staff to negotiate an energy service contract with Forefront.

16.9 Authorized Ratification of the Agreement with Blach Construction for District and Developers Contingency Expenditure Directives for the New Construction and Modernization Project at Thornton Middle School

Blach Construction was awarded the construction contract for Thornton Middle School for five increments of work. Blach Construction is currently working on Guaranteed Maximum Price (GMP) 1, 2 & 3. GMP 4 will be bid in March 2022 for completion in 2023. 

Current construction includes the completion of new buildings and modernization of the administrative spaces, and four classroom buildings. 

Contingency directives for the Thornton Middle School project in the amount of $1,157,617 are already included in the contract contingency amount and will not impact the overall budget of the project at this time.

The Board unanimously approved the ratification of the agreement.

16.10 Authorized Staff to Amend the Agreement with CPM Environmental for Abatement Services of Rix-Glankler Early Learning Center Project

The Rix Project is proceeding along with a few challenges that have impacted the ability of the project to support the required work necessary to complete the facility for January 2022 occupancy. Additional hazardous mitigation work has been required in several areas, and has impacted the ability of the contractor to complete the required scope of work. Additional inspection services, hazardous waste management, and electrical supply requirements have impacted the project's progress and will be completed in January 2022.

On May 17,2021 Board approved contracts for Selective Demolition and Abatement work for CPM Environmental for the Rix Glankler Early Learning Center. On October 27, 2021 the Board of Trustees approved an additional budget increase to the Rix Project by $500,708. The increase covered dry-rot, asbestos, mold and electrical modifications required by the City of Fremont and code compliance requirements for the facility.

CPM Environmental has the need for an amendment to their contract(s) due to the unforeseen conditions and required additional funds to cover work that needs to be added in their contract. These requests will not impact the overall project budget that has been previously approved.

The Board unanimously authorized staff to amend the Agreement(s) with CPM Environmental in the amount of $216,000 for additional abatement work and in the amount of $87,259 for demolition work for a total of $303,259 for completion of work at the Rix Glankler Early Learning Center project.

16.11 Authorized Staff to Amend the Agreement with Millennium Consultants for Construction Service for the Modernization of RIX-Glankler Early Learning Center Project

On November 19, 2021, there was a discovery of additional dry rot and mold in two locations. There is additional work that has been required due to unforeseen conditions and additional testing and inspections required from the added work. 

Since the last meeting of the Board in November, when a request was made for additional funds, there have been several unforeseen conditions that require additional funding for the completion of the work for the Rix Glanker Early Learning Center. Staff requested authorization for a third amendment to the contract with Millennium Consultants for construction service for the modernization of RIX-Glankler Early Learning Center Project in the amount of $104,501.90.

On February 24, 2021, the Board approved Amendment 1 in the amount of $4,870.00. On May 5, 2021 the Board approved Amendment 2 in the amount of $34,500. 

The Board unanimously approved the contract amendment. 

16.12 Received & Accepted the Quarterly Financial Report on the Measure E Bond Program - Fourth Quarter 2021

On June 3, 2014, the voters of Fremont approved the $650 million Measure E general obligation bond initiative, under the requirements of Proposition 39 (2000) the School Facilities Local Vote Act. The scope of the bond work includes upgrading and repairing neighborhood schools by updating technology and aging classrooms; upgrading electrical wiring to current safety codes; fixing or replacing leaky roofs, aging plumbing and restrooms; removing asbestos; and repairing, constructing and acquiring equipment, classrooms, sites and facilities.

Projects are proceeding according to the timeline and budgets outlined in the implementation plan, or as subsequently revised by Board action. The linked reports reflect current transactions, budget revisions and project re-prioritization(s). The data is current as of December 1, 2021. The information was presented to the CBOC on November 3, and was reviewed and accepted by members at the meeting. The report has been updated to reflect the OPSC funding to date and the interest income received from the bond program. 

The Board unanimously accepted the Financial Report on the Measure E - Staff Quarterly Update Fourth Quarter 2021.

16.13 Reviewed and Held Discussion on Board Policy 9100, Organization of the Board

At its November 17, 2021 Board of Education meeting, during Government Planning/Calendaring, Trustees requested Board Policy 9100, Organization of the Board be brought forward for review in a public discussion. 

Board Policy 9100 was last revised on May 8, 2019. Policies are updated and reviewed to reflect current laws, practices, and/or California School Board Association recommendations.

Non-action item.



The Board’s next Regular Meeting is scheduled for Wednesday, January 12, 2022 at 6:30pm (time subject to change)

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