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CLOSED/REGULAR MEETING~BOARD OF TRUSTEES
San Mateo-Foster City SD
February 27, 2020 6:30PM
Closed Session Begins at 5:30 pm Regular Meeting Begins at 6:30 pm 1170 Chess Drive Foster City, CA 94404

Mission Statement:
VISION STATEMENT: "The San Mateo–Foster City School District educates, inspires and empowers every student in every school every day to live, lead and learn with integrity and joy."
1. CALL TO ORDER: 5:30 P.M.
2. RECESS TO CLOSED SESSION
2.1. Review Non-Public School/Non-Public Agency contract(s) for the 2019-2020 school year.
2.2. COMPREHENSIVE SCHOOL SAFETY PLAN: TACTICAL PORTION (Education Code section 32281(f) and GOVT. CODE section 54957(a)).
2.3. GOVT. CODE § 54957 - Public Employee Discipline/Dismissal/Release
2.4. GOVT. CODE § 54957.6 – CONFERENCE WITH LABOR NEGOTIATOR(S) – Agency Designated Representative: Dr. Joan Rosas. Employee Organization: SMETA, CSEA and/or SMEAA
2.5. CONFERENCE WITH LABOR NEGOTIATOR(S) (GOVT. CODE, Section 54957.6, subd. (a)) Agency Designated Representative: Board President Unrepresented Employee: Superintendent. If these discussions are not completed before 6:30 p.m., the Closed Session will continue following the regular meeting.
3. RECONVENE TO REGULAR MEETING
3.1. Report out of Closed Session
3.2. Flag Salute
3.3. Roll Call
3.4. Approval of Agenda: February 27, 2020 (v)Was edited within 72 hours of the Meeting
3.5. Approval of Minutes: (V)
3.5.1. February 20, 2020 - School Visitations
Attachments:
Minutes - School Visit - MH, Beresford, Laurel 022020
3.5.2. February 13, 2020 - Special - Study SessionWas edited within 72 hours of the Meeting
Attachments:
Minutes - Draft - Special - Study Session -Transportation-SES Balance 021320
3.5.3. February 13, 2020 - Regular Board MeetingWas edited within 72 hours of the Meeting
Attachments:
Minutes - Draft 021320
4. RECOGNITION
4.1. Bowditch's Seussical Musical Performance
Rationale:

The Bowditch Middle School drama students will delight the Board with songs from their recent play Seussical led by Drama Teacher Krystal Burndon.




 
5. STATEMENTS
5.1. Public Statements Related to Non-agenda Topics:
5.2. Public Statements Related to Agenda Items: Persons will be called on at the appropriate time
5.3. Foundation/Committee Reports
5.4. Announcements
5.5. Superintendent Report
6. PROPOSED CONSENT AGENDA (v)
6.1. EDUCATION/STUDENT SERVICES
6.1.1. NPS Contracts
Rationale:

The District provides services for individual Special Education students according to commitments made in the student's Individual Education Plan (IEP).  When appropriate services are not able to be provided through District Programs, the District contracts with a Non-Public School (NPS) or Non-Public Agency (NPA) for those services.  Listed contracts are for the 2019-2020 school year (see attached).

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NON-PUBLIC SCHOOL (NPS) CONTRACTS IN THE AMOUNT OF $61,842.00



Financial Impact:

$61,842.00

Attachments:
NPS Summary - Feb 18, 2020
6.1.2. Comprehensive School Safety Plans: Non-Tactical PortionWas edited within 72 hours of the Meeting
Rationale:

California Education Code sections 32280-32289 require that Comprehensive School Safety Plans be received, updated, and approved annually by March 1st.  The District has reviewed and updated its Comprehensive School Safety Plan.





 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE DISTRICT'S COMPREHENSIVE SCHOOL SAFETY PLANS AS UPDATED.

Financial Impact:

None.

Attachments:
Risk Management Program - Comprehensive School Safety Plan Compliance Checklist 022720
6.2. BUSINESS/FINANCE
6.2.1. Abbott Middle School- Metal Shade Structure- Porter Corp/Poligon Inc.
Rationale:

On June 20, 2019, the Board of Trustees approved the contract to Porter Corp/Poligon Inc. for purchasing shade structures.   

Installation of the shade structure is being done by another contractor.  The cost to purchase three shade structures totals $139,735.80.  The shade structure was approved by DSA in 2016, however since installation will begin this year, DSA has requested that the calculations of the shade structure be reviewed again in light of the new 2019 California Building Code (CBC).  

The cost of the additional service to review the calculations is $15,000.00, which is 1.07% of original contract.  The new contract amount for Porter Corp/Poligon Inc. is $154,735.80. 

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE ADDITIONAL SERVICES TO PORTER CORP/POLIGON INC. FOR THE SHADE STRUCTURES AT ABBOTT MIDDLE SCHOOL. 


Financial Impact:
$15,000.00 - Measure L Funding
Attachments:
Measure L Budget Sheet 022720 Rev
Poligon Proposal
6.2.2. Borel Middle School - New Gym and Classrooms - Palace Business Solutions
Rationale:

Public Contract Code Section 20118 allows school districts to, “authorize by contract, lease, requisition, or purchase order, any public corporation or agency, including any county, city, town, or district to lease data-processing equipment, purchase materials, supplies, equipment, automotive vehicles, tractors and other personal property for the district in the manner in which the public corporation is authorized by law to make the leases or purchases” if the board of that school district “has determined it to be in the best interests of the district” to acquire the items through piggyback provision.  

The District has used and is a member of NJPA (now renamed SourceWell) in the past to purchase classroom furniture. 

The Administration recommends approving the contract in the amount of $141,000.05 with Palace Business Solutions for the furniture in the 6 new classrooms at Borel Middle School.


 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE AGREEMENT FOR PALACE BUSINESS SOLUTIONS REGARDING THE NEW GYMNASIUM/CLASSROOMS PROJECT AT BOREL MIDDLE SCHOOL.

Financial Impact:

$141,000.05 - Measure X Funds

Attachments:
Borel Middle School - Furniture for 6 New Classrooms
Measure X Budget Sheet 022720
6.2.3. Contracts & Consultants $45,000 and Under
Rationale:

Per Board Policy 3312, the Board may, by a majority vote, delegate to the Superintendent or designee the authority to enter into contracts on behalf of the District.  To be valid or to constitute an enforceable obligation against the District, all such contracts must be approved and/or ratified by the Board.  Contracts are available for review upon request in the Business Services department.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE LIST OF CONTRACTS AND CONSULTANTS OF $45,000 and UNDER.

Attachments:
Contract Ratification 022720
6.2.4. Listing of Payments to Meet District Expenditures
Rationale:

Board Policy 3314 states the following: It shall be the practice of the administration to present the Board of Trustees with copies of all warrant registers for information and review at each regularly scheduled meeting of the Board of Trustees. As Policies 3100 (budget) and 3110 (transfer of funds) provide criteria for Board authorization of all expenditures, both personnel and non-personnel items, prior to the actual payment of the obligation, warrants will be distributed to the vendors and employees after audit by the County Superintendent of Schools.

Education Code Sections 42631-36 requires the Board of Trustees approve all expenditures made by the District.


 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE ATTACHED DISTRICT EXPENDITURES.

Financial Impact:
Funds have been provided for the goods and services paid by these warrants through the budgetary process. There is no impact on the various funds of the District beyond what has been budgeted.
Attachments:
Warrant List 022720
6.2.5. Gifts Presented to the Schools
Rationale:
Board Policy 3290 requires the Superintendent to obtain final approval and acceptance for gifts donated to the school district.
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT THE GIFTS PRESENTED TO THE SCHOOLS AS APPROVED BY THE SUPERINTENDENT.

Financial Impact:
The District receives direct benefit from these gifts, either in the form of cash contributions or goods and services.
Attachments:
Gifts Presented to the Board 022720
6.3. HUMAN RESOURCES
6.3.1. Assignments Noted for Individuals Listed
Rationale:
The Human Resources Department has received and processed all necessary documents for personnel actions.
 
Recommended Motion:
IT IS RECOMMENDED THE BOARD OF TRUSTEES ACCEPT THE ASSIGNMENTS NOTED FOR THE INDIVIDUALS LISTED.
Financial Impact:

None – Expenditure provided for in the 2019-2020 budget.



Attachments:
Assignments for Noted Individuals HR 022720
6.3.2. Resignations, Releases, and/or Retirees
Rationale:
The Superintendent has been granted authority by the Board to accept the resignation, release and/or retirement requests from District employment. The Human Resources Department has received and processed all necessary documents for personnel actions according to the California Education Code.
 
Recommended Motion:
IT IS RECOMMENDED THE BOARD OF TRUSTEES ACCEPT INFORMATION REGARDING RESIGNATIONS, RELEASES AND/OR RETIREES. 
Financial Impact:
None - Replacement will be employed to fill vacated positions
Attachments:
Resignation Releases and or Retirees HR 022720
6.3.3. Certificated Seniority List - Revised
Rationale:

The Human Resources Department updates the Certificated Seniority list on an annual basis.  Each certificated staff member has been provided with an opportunity to review the seniority list for accuracy and any corrections have been completed prior to presenting the final list to the Board.




 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE UPDATED CERTIFICATED SENIORITY LIST FOR THE 2019-2020 SCHOOL YEAR, AND RECOGNIZES THAT FURTHER CORRECTIONS MAY BE MADE IF NECESSARY.



Financial Impact:

None

Attachments:
Certificated Seniority List 2019-2020 - Certificated 022720 Rev
7. SUPERINTENDENT SERVICES/BOARD
7.1. Update from the Equity Task Force
Rationale:

Members of the Equity Task Force will share their work to date and next steps.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ABOUT THE WORK OF THE EQUITY TASK FORCE.

Attachments:
ETF Board Update PPT 022720
7.2. Resolution No. 19/19-20 - Funding for Schools and Communities First Act (v)
Rationale:

The Schools and Communities First Initiative, as specified in Initiative 19-0008, will result in additional funding for California schools. The deadline to file signatures for the initiative is April 14, 2020. 


 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ADOPT RESOLUTION NO. 19/19-20 IN SUPPORT OF THE SCHOOLS AND COMMUNITIES FIRST INITIATIVE AS SPECIFIED IN INITIATIVE 19-0008.

Attachments:
Resolution 19/19-20 Funding for Schools and Communities First Act 022720
7.3. Resolution No. 18/19-20 Recognizing the Importance of the 2020 Census (v)
Rationale:

The 2020 Census is essential for determining the number of seats each state has in the U.S. House of Representatives and is used to determine the distribution of billions of dollars in federal funds to state and local governments.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES PASS RESOLUTION NO. 18/19-20 RECOGNIZING THE IMPORTANCE OF THE 2020 CENSUS.

Attachments:
Resolution No. 18 19-20 Recognizing the Importance of Census 022720
8. EDUCATION/STUDENT SERVICES
8.1. District English Learner Advisory Council (DELAC) & District Advisory Council (DAC) Update
Rationale:

Staff will present to the Board an update on the District English Learner Advisory Council (DELAC) & the District Advisory Council (DAC).


 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON THE DISTRICT ENGLISH LEARNER ADVISORY COUNCIL (DELAC) & THE DISTRICT ADVISORY COUNCIL (DAC).


Financial Impact:

None

Attachments:
DELAC Update PPT 022720
8.2. Elementary School Science Instructional Materials Adoption
Rationale:

A committee of elementary teachers and district leads have led the piloting of several different science curricula over the last year.  The committee came to consensus around adopting the Twig Science NGSS Program.  The curriculum materials are currently on display at the District Office for teacher, parent, and community viewing.  Staff will provide information to the Board at the February 27, 2020 meeting and propose adoption of the curriculum by the Board at the March 12, 2020 meeting.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON THE  ELEMENTARY SCHOOL SCIENCE INSTRUCTIONAL MATERIALS ADOPTION.

Financial Impact:

TBD

Attachments:
Science Curriculum PPT 022720
9. BUSINESS/FINANCE
9.1. 2020-2021 Budget Development Calendar (v)
Rationale:

The District will present a draft of the 2020-2021 Budget Development Calendar to the Board of Trustees for approval.  

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE 2020-2021 BUDGET DEVELOPMENT CALENDAR. 

Attachments:
2020-2021 Budget Development Calendar 022720
9.2. Measure X Phase II Project Updates - Bowditch, George Hall, and Sunnybrae
Rationale:

Staff will provide an update on Measure X Phase II projects pertaining to Bowditch, George Hall, and Sunnybrae.  The update will include information pertaining to the selection of architects, and a working timeline for moving forward with commencing with the projects.  (Updates on the new school in North Central will begin in March.) 


 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION REGARDING  THE PHASE II PROJECTS AT SUNNYBRAE AND GEORGE HALL ELEMENTARY SCHOOLS  AND BOWDITCH MIDDLE SCHOOL.

Attachments:
Measure X Phase II Update PPT 022720
9.3. Modification of AR 3311 Bids (v)
Rationale:

The Superintendent and staff have recently spent time reviewing Board Policies, Administrative Regulations and Public Contract Code pertaining to change orders.

More explicitly, the Superintendent and staff have reviewed Board Policy and Administrative Regulation 3311, as well as Public Contract Code 20118.4.

Public Contract Code 20118.4 reads as follows:

“The board may authorize the contractor to proceed with performance of the change or alteration without the formality of securing bids, if the cost so agreed upon does not exceed the greater of:

  1. The amount specified in Section 20111 or 20114, whichever is applicable to the original contract; or
  2. Ten percent of the original contract price.”

Staff reviewed the issue with County Counsel who suggested that in order to most expeditiously manage change orders that the Board could consider adding language that explicitly designates the Superintendent or his/her designee with the authority to approve change orders within the provisions of Public Contract Code 20118.4.  Counsel also suggested the Superintendent provide the Board with routine information regarding the change orders so that the Board and the public are aware of project costs. 

After discussing this issue in open session with the Board of Trustees on December 18, 2019, we are making a recommendation that Administrative Regulation 3311 be modified to include additional language in the Instructions and Procedures for Advertised Bids section. 

We recommend the following language be included in this section:

Any subsequent change or alteration of a contract shall be governed by the provisions of Public Contract Code 20118.4. The Superintendent or his/her designee is authorized to execute change orders related to said work for time extensions and payment not exceeding $45,000.” 

Currently, the Superintendent has authorization to enter into contracts up to $45,000.  We believe that this threshold will enable work to proceed expeditiously on bond projects, while the Board and the public being apprised of items as information items in public session.  Items in excess of $45,000 would be brought to the Board as action items in open session related to the Bond projects.  Staff will keep the Superintendent and Board apprised of anticipated issues that are significant prior to the action item being brought to the Board for approval. 

Staff will provide the Board with routine information with each change order presented that documents each change order in isolation, and relative to the cumulative change orders for the particular project. 

 
Recommended Motion:

 IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE MODIFIED AR 3311 AS PRESENTED.

Attachments:
Modified AR 3011 Bids 022720
10. HUMAN RESOURCES
10.1. San Mateo Elementary Teachers Association (SMETA) Initial Proposal for the 2020-2021 Reopener Negotiations with the San Mateo-Foster City School District
Rationale:

Per Government Code 3547, all initial contract proposals of the Board and an employee organization, which relate to matters within the scope of representation, shall be presented at a public meeting and recorded as part of the public records. 
                           
Attached and presented to the Board is the SMETA initial proposal for the 2020-2021 reopener negotiations that include conceptual proposals as outlined for Article 8-Class Size.







 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE THE SMETA INITIAL PROPOSAL FOR THE 2020-2021 REOPENER NEGOTIATIONS WITH THE DISTRICT.

Financial Impact:

Unknown at this time


Attachments:
SMETA Initial Proposal for 2020-2021 Reopener Negotiations
10.2. Notice of Public Hearing SMETA Initial Proposal for 2020-2021 Reopener Negotiations
Rationale:
Per Government Code 3547, meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer. After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal. 

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS REGARDING THE SMETA INITIAL PROPOSAL FOR THE 2020-2021 REOPENER NEGOTIATIONS WITH THE DISTRICT.

Financial Impact:

Unknown at this time

Attachments:
Notice of Public Hearing-SMETA Initial Proposal Reopener 2020-2021
10.3. San Mateo-Foster City School District Initial Proposal for the 2020-2021 Reopener Negotiations with San Mateo Elementary Teachers Association (SMETA) (v)
Rationale:

Per Government Code 3547, all initial contract proposals of the Board and an Employee organization, which relate to matters within the scope of representation, shall be presented at a public meeting and recorded as part of the public record. 
                           
Attached and presented to the Board is the District’s initial proposal for the 2020-2021 reopener negotiations with the San Mateo Elementary Teachers  Association (SMETA) that includes conceptual proposals for Article 6-Hours. 

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE DISTRICT'S INITIAL PROPOSAL FOR THE 2020-2021 REOPENER NEGOTIATIONS WITH THE SAN MATEO ELEMENTARY TEACHER ASSOCIATION (SMETA).

Financial Impact:

Unknown at this time

Attachments:
District Initial Proposal for 2020-2021 Reopener Negotiations 022720
10.4. Notice of Public Hearing- District Initial Proposal for the 2020-2021 Reopener Negotiations with San Mateo Elementary Teachers Association (SMETA)
Rationale:

Per Government Code 3547, meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer. After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal. 


 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS REGARDING THE  DISTRICT INITIAL PROPOSAL FOR THE 2020-2021 REOPENER NEGOTIATIONS WITH SMETA.

Financial Impact:

Unknown at this time

Attachments:
Notice of Public Hearing-District Initial Proposal Reopener 2020-2021
10.5. Resolution No. 17/19-20 - Reduction in Particular Kinds of Services for 2020-2021 (v)
Rationale:

Per Education Code 44955, whenever a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year.  The governing board may terminate the services of not more than a corresponding percentage of the certificated employees of the district, at the close of the school year.

The recommendation for reduction in Particular Kinds of Services for 2020-2021 in the attached resolution are based on the following:

  • The Parent Teacher Association (PTA) funds certificated positions, as recommended by administration, to provide intervention and enrichment programs for students. At this time the PTA has not finalized its budget and determined its available funding for the 2020-2021 school year. Due to the uncertainty of its funding, the PTA has not yet determined which certificated positions it will continue to fund for the following school year. In order to meet statutory timeline to provide of layoff to certificated employees by March 15, the recommendation is made to reduce particular kinds of services of PTA funded positions.
  • Reduction in the number of classroom teaching positions due to anticipated decreases in student enrollment for next year.
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE RESOLUTION NO. 17/19-20 TO REDUCE PARTICULAR KINDS OF SERVICES AND DECREASE A CORRESPONDING NUMBER OF CERTIFICATED EMPLOYEES, AS NECESSARY, TO ADDRESS POSSIBLE CHANGES TO PROGRAM SERVICES.


Financial Impact:

$792,790

Attachments:
Resolution No 17 19-20 Particular Kinds of Services (PKS) 022720
10.6. Skipping and Tie Breaking Criteria
Rationale:

Per Education Code 44955(d)(1), a school district may deviate from terminating a certificated employee in order of seniority if a district has a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the certificated employee has special training and experience necessary to teach that course or course of study or to provide those services, which others with more            seniority do not possess.

The District may need to reduce and eliminate particular kinds of services, and layoff associated certificated personnel. The attached “Skipping and Tie Breaking Criteria for Certificated Employees” identify how the District will determine the order of layoff for certificated teachers in hard to fill positions and positions that require special authorization in addition to how ties will be broken for employees with the same seniority date. The adoption of “skipping” and “tie breaking” criteria will allow the District to retain teachers in specialized teaching areas to preserve programs in the event layoff of certificated becomes necessary.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE THE SKIPPING AND TIE BREAKING CRITERIA FOR INFORMATION.



Financial Impact:

Unknown at this time

Attachments:
Criteria for Layoff Skipping and Tie-Breaking
11. BOARD MEMBER STATEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
12. FUTURE MEETING DATES
Attachments:
Future Meeting Dates 022720
13. ADJOURNMENT
13.1. Adjournment (v)
Disability Information:
"Materials related to an item on this Agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the Superintendent's Office at 1170 Chess Drive, Foster City, during normal business hours." ----- If you are an individual with a disability and need an accommodation to participate in this meeting, please contact the Superintendent's office at 312-7348 at least 48 hours in advance.

Published: February 21, 2020, 3:52 PM

The resubmit was successful.