March 31 revised shelter-in-place order:

On March 31, the San Mateo County Public Health Officer revised his shelter-in-place order.  The revised order went into effect at 11:59 p.m.  Under this revised order, there is an exemption for public works projects only if they are designated as serving an “Essential Governmental Function” by the “lead governmental agency.”  This means that currently ongoing construction in our District cannot proceed unless and until the project is designated as an “Essential Governmental Function.” 

The order does not define Essential Governmental Functions.  Each governmental agency has the discretion to determine what of its functions are “Essential Governmental Functions” and to designate appropriate contractors to carry out these essential functions.  In any event, the performance of such essential functions must incorporate the Social Distancing Requirements to the greatest extent feasible.  Also, there is nothing in the revised order that vests the Health Officer or another governmental agency with the power to override the District’s conclusions regarding essential functions. 

Essential Functions of our District include: facilitating Distance Learning during the shelter-in-place order, delivering an education to students, providing a safe and structurally sound learning environment, offering lunches, providing safe facilities, providing an appropriate number of classrooms for our student population, and providing offices for our staff, among others. 

There are four current construction projects underway within the district:

1. New Foster City Elementary School
2. Borel Middle School Classrooms and New Gymnasium 
3. Abbott Middle School Classrooms and New Gymnasium
4. Bayside New Gymnasium

Board’s options with respect to these projects:

1. Take no action.  These projects will, by default, not be designated as Essential Governmental Functions.  They will not be exempt from the shelter-in-place order and construction will have to cease immediately through the duration of the shelter-in-place order.
   
   
2. Adopt a resolution designating these projects as Essential Governmental Functions.  Once designated as such, construction may continue as long as workers strictly adhere to the social distancing requirements delineated in the order.

This amount is still being determined, but Patrick Gaffney, CBO, will be presenting at the meeting and able to answer related questions.