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CLOSED SESSION/REGULAR MEETING~BOARD OF TRUSTEES
San Mateo-Foster City SD
November 19, 2020 6:30PM
Teleconference Meeting via Zoom Closed Session Begins at 5:30 pm https://zoom.us/j/92568692866 Zoom ID: 92568692866 Regular Board Meeting Begins at 6:30 pm https://zoom.us/j/96975171996 Zoom ID: 96975171996 To listen to the meetings: One tap mobile +16699009128,,96975171996# US (San Jose

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 2020-2021 school year.
2.2. GOVT. CODE § 54957.6 – CONFERENCE WITH LABOR NEGOTIATOR(S) – Agency Designated Representative: Dr. Joan Rosas. Employee Organization: SMETA, CSEA and/or SMEAA.
2.3. GOVT. CODE § 54957 - PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE.
2.4. GOVT. CODE § 54957 - Public Employee Performance Goals/Evaluation. TITLE: 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. Roll Call
3.3. Approval of Agenda: November 19, 2020 (v)
3.4. Approval of Minutes:
3.4.1. November 5, 2020 - Regular (v)
Attachments:
Minutes - Draft 110520
3.4.2. November 10, 2020 - School Visitations (v)
Attachments:
Minutes-Draft School Visitations Bayside & Parkside 111020
4. RECOGNITION
4.1. Recognition of Board Member Rebecca Hitchcock for her Service to the District
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECOGNIZE TRUSTEE REBECCA HITCHCOCK FOR HER SERVICE TO THE DISTRICT.

4.2. Permanent Status-Certificated (v)
Rationale:

The Human Resources Department has verified that the following teachers (see attachment) have successfully completed 2 years probation and are now eligible for permanent status.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE PERMANENT STATUS FOR CERTIFICATED STAFF. (SEE ATTACHMENT)
Attachments:
HR Permanent Status List 2021 - Certificated 111920 Rev
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. Board Member Statements
5.6. Superintendent Report
6. PROPOSED CONSENT AGENDA (v)
6.1. EDUCATION/STUDENT SERVICES
6.1.1. Non-Public School (NPS)
Rationale:
The District provides services for individual Special Education students according to required services 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.  The listed contract is for for the 2020-2021 school year (see attached).
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NON-PUBLIC SCHOOL (NPS) CONTRACT IN THE AMOUNT OF $36,820.00


Financial Impact:
$36,820.00
Attachments:
NPS Summary 11-19-20 without name
6.1.2. Response to the 2019-2020 Grand Jury Report: Ransomware It Is Not Enough To Think You Are ProtectedWas edited within 72 hours of the Meeting
Rationale:
The San Mateo-Foster City School District agrees that Ransomware is a growing threat, and will be proceeding with the recommendations of the Grand Jury’s report to provide the Board with an internal Cybersecurity Report by June 30, 2021.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE DISTRICT’S RESPONSE TO THE 2019-2020 GRAND JURY REPORT ENTITLED “RANSOMWARE: IT IS NOT ENOUGH TO THINK  YOU ARE PROTECTED” 
Attachments:
District's Response to the Grand Jury Report 111620
Grand Jury Report_ “Ransomware_ It Is Not Enough To Think You Are Protected 111920
6.2. BUSINESS/FINANCE
6.2.1. Beach Park Elementary School - Overaa Change Order No.007
Rationale:

On June 6, 2019, the Board of Trustees approved the contract for C. Overaa & Co. for the Beach Park Elementary School Project in the amount of $29,998,000.00

The cost of Change Order No. 007 to the original contract is $189,337.78 (0.63% of the original contract), funded by Measure X.  The total summary cost of Change Orders 001 - 006 is $668,707.30 (2.23% of the original contract).  The complete breakdown of Change Order No. 007, with all the related costs, is included in the attachments.     

There is one PCO that is included in change order 007; PCO 70.2 in the amount of $152,450.12. This PCO covers the COVID pandemic from the conception of the project to the current project schedule completion date of the project. However, if the project schedule increases due to future COVID outbreaks at the site, Overaa will cover the COVID cost internally above and beyond this PCO. There will be no additional COVID PCOs submitted to the district.


The new contract amount will be $30,856,045.08 which is within the Beach Park Elementary School Project budget.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE CHANGE ORDER NO. 007 FOR C. OVERAA & CO. REGARDING THE BEACH PARK ELEMENTARY SCHOOL PROJECT.
Financial Impact:
$189,337.78 - Measure X Funds
Attachments:
D_PCO#070.2 COVID Impacts thru 02-16-21_HMC_IOR
Measure X Budget Summary Sheet 111920
Overra CO_007
6.2.2. Recology Peninsula Services Contract for Collection of Solid Waste, Recycling and Organics
Rationale:

As public agencies that are political subdivisions of the state, school districts are authorized by law to enter into their own agreements for the collection of solid waste and recyclable materials.   The District desires to renew such an agreement with Recology Peninsula Services and to do so in the most cost-effective, efficient and environmentally sound manner. The contract is for a period of two years.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE CONTRACT WITH RECOLOGY PENINSULA SERVICES FOR THE COLLECTION OF SOLID WASTE, RECYCLING AND ORGANICS. 
Attachments:
SMFCSD - Recology Agreement 2020
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 Report 111920
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 Report 111920
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 111920
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 2020-2021 budget.



Attachments:
HR - Assignments for Noted Individuals 111920
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:
HR - Resignation Releases and or Retirees 101920
7. SUPERINTENDENT SERVICES/BOARD
7.1. Equity Task Force Update
Rationale:
Nicole Anderson and Dr. Shelley Holt, Consultants, along with member(s) of the Equity Task Force will present an update on the recent community and student listening sessions as defined in the SRO Resolution.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON THE RECENT WORK OF THE EQUITY TASK FORCE.
Attachments:
ETF - Listening Session Listening Session Data Presentation 111920
7.2. Consider entering into a Compensation Agreement for the Disposition of former Redevelopment Agency properties within the City of San Mateo Pursuant to Health and Safety Code 34180(f): Kathy Kleinbaum, Assistant City Manager, San Mateo.
Rationale:

The City of San Mateo is requesting that the San Mateo Foster City School District (SMFCSD) enter into a Compensation Agreement (Attachment 1) with the City regarding the disposition of the two former Redevelopment Agency properties in Downtown San Mateo at 480 E. 4th Avenue and 400 E. 5th Avenue. SMFCSD is one of 10 taxing entities that received a share of the property tax revenue from the former Redevelopment Agency of the City of San Mateo.

Background:

In 2012, the State of California enacted legislation requiring dissolution of approximately 400 Redevelopment Agencies (AB 26, AB1484). Pursuant to the Dissolution Law and the Health and Safety Code Section 34173, the Redevelopment Agency of the City of San Mateo (RDA) was dissolved. The City was elected to serve as the successor agency, responsible for paying the enforceable obligations, disposing of the properties and other assets, and unwinding the affairs of the Former RDA. Accordingly, ownership of the Former RDA's Properties transferred to the City for disposition.

As required by the Dissolution Law, the City prepared a Long Range Property Management Plan (LRPMP) to outline the terms of the disposition of the properties. The plan was approved by the Oversight Board and the California Department of Finance (DOF) in 2014. Under the LRPMP, before disposition of the properties for future development, the City must enter into a Compensation Agreement with the affected taxing entities and provide for any net proceeds of sale to be distributed as property taxes. The LRPMP also provides that the purchase price for the properties will be not less than their fair reuse value, considering the covenants, conditions, and development costs for the properties.

The Properties: 480 East 4th Ave and 400 East 5th Ave

The proposed project—a public-private partnership between the Developer and the City—includes developing 225 units of multi-family rental housing for low income households on 480 East 4th Avenue and a parking garage on 400 East 5th Avenue containing roughly 696 parking spaces, including 164 spaces for exclusive use of the housing development, 235 replacement public parking spaces, and up to 297 additional public parking spaces for Downtown San Mateo. The public parking garage will be operated by the City. Through a competitive bidding process, the City selected MidPen Housing Corporation—a local non-profit affordable housing developer—to develop the properties.

The residential development will provide much needed affordable housing for San Mateo County in the transit and amenity-rich environment of Downtown San Mateo. The housing will serve a range of affordable income levels with the maximum allowed income being for households earning up to 80% of Area Median Income. Additionally, 25% of the housing units will have a preference for public employees, including employees from all the taxing entities.

The City and the Developer entered into a Disposition, Development, and Loan Agreement (DDLA) to govern the development of the project. Under the terms of the DDLA, the City will ground lease 480 East 4th Avenue to the Developer for one dollar per year for a term of 99-years for the construction of the low income housing, will retain ownership of 400 East 5th Avenue, and will enter into an appurtenant easement dedicating no less than 164 spaces in the parking garage constructed on 400 East 5th Avenue, for the term of the ground lease, to the Developer for use by the housing development. Disposition of the properties will become effective once the Developer obtains building permits and closes escrow on construction financing. Additionally, the Developer's construction and operation of the development is not financially feasible without the City's financial assistance.  The City will have to contribute $12.5 million in direct financial assistance to the project and to waive its internal development review and plan check fees, which total roughly $1.8 million.

Reuse Appraisal of the Properties:

In June 2020 the City commissioned a reuse appraisal of the Properties (Attachment 2) to estimate their fair reuse value. The appraisal concluded that the reuse value of the properties is zero and that without the City’s financial contribution to the project, the project would have a significant funding gap and a negative reuse value.  Given this, there will be no net disposition proceeds from the disposition of the properties to distribute among the taxing entities.  If there had been proceeds to distribute, it would have been done based on the percentage share of the property tax from the former Redevelopment Area that each entity receives. SMFCSD’s share is 21.08%.

On August 17, 2020, the City Council approved the entitlement application and the DDLA. The City then sent out a letter requesting that the taxing entities approve the Compensation Agreement (Attachment 3). The Compensation Agreement has been reviewed and approved by the following taxing entities to date:  San Mateo County Office of Education, San Mateo County Mosquito and Vector Control District, Peninsula Health Care District, San Mateo County Harbor District, and the Bay Area Air Quality Management District.  The remaining taxing entities are still reviewing the agreement. If the Taxing Entities do not agree to the terms of the compensation agreement, the City will be in default of our obligations and the project will not be able to move forward.

Staff from the City of San Mateo will be present at the meeting and available to answer any questions about the project and the Compensation Agreement.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES CONSIDER EXECUTING THE COMPENSATION AGREEMENT.
Attachments:
Compensation Agreement - Attachment 1 111920
Compsation Agreement PPT 111920
dR_SanMateo_TOD_ReuseValue_June2020_FINAL - Attachment 2 111920
Letters from City of San Mateo - Attachment 3 111920
7.3. Reopening Plan UpdateWas edited within 72 hours of the Meeting
Rationale:

Since the last Board meeting on November 5, 2020, further work on the Reopening Plan has been accomplished.  Elementary families are presently in the process of deciding whether to stay with their teachers no matter the assignment or to chose to continue in Distance Learning or to change to the AA/BB Hybrid model.  Middle school families have been asked to provide authorization for students to return for grade level activities.  Timeline for class assignments will be shared along with further details on Health and Hygiene protocols.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE FURTHER INFORMATION ABOUT THE REOPENING PLAN.

7.4. CSBA Regional County Delegate & CCBE Board of Directors Call for Nominations in Region 5 (v)
Rationale:
CSBA’s Delegate Assembly (DA) is a vital link in the association’s governance structure.  Working with local districts, county offices of education, the Board of Directors, and the Executive Committee, Delegates ensure that the association reflects the interests of school districts and county offices of education throughout California.  Members of the Delegate Assembly are elected or appointed by local board members in 21 geographic regions throughout the state.  There are two meetings each year, one in May and one immediately preceding the Association’s Annual Education Conference.

Nomination, appointment, and biographical sketch forms for CSBA’s Delegate Assembly are being accepted until Thursday, January 7, 2021.  It is the responsibility of the nominee to confirm that all nomination materials have been received by the CSBA Executive Office by the due date.  Late submissions cannot be accepted.  Ballots will be sent to districts and county offices of education by February 1, 2021 and are due to CSBA by March 15, 2021. Delegates will serve two-year terms beginning April 1, 2021 through March 31, 2023.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES NOMINATE A TRUSTEE A BOARD MEMBER FROM REGION 5 FOR THE COUNTY DELEGATE SEAT.
Attachments:
2021 Odd Numbered County DA Nomination Packet 111920
8. EDUCATION/STUDENT SERVICES
8.1. Distance Learning Program Implementation - 14th Week Update
Rationale:
District staff will provide information to the Board on the implementation of Distance Learning, as part of a regular series of monitoring updates expected on the 6th, 10th, and 14th weeks of the school year.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON THE DISTANCE LEARNING PROGRAM IMPLEMENTATION - 14TH WEEK UPDATE.
Attachments:
Progress Monitoring Board 14 Week Update PPT 111920
8.2. Consultant for the New School in North Central San Mateo
Rationale:
The Board will receive information from staff on proposals received to date for consultant services to lead a project to recommend program options for a new elementary school in North Central San Mateo.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON THE CONSULTANT PROPOSALS RECEIVED FOR THE NEW ELEMENTARY SCHOOL IN NORTH CENTRAL SAN MATEO AND PROVIDE ANY DIRECTION TO THE ADMINISTRATION.
Attachments:
RFP Final - Project Proposal- Program Options for a New Elementary School in NC 111920
9. BUSINESS/FINANCE
9.1. Request for Proposal (RFP) for Solar Generation Program (v)Was edited within 72 hours of the Meeting
Rationale:

In conjunction with the District's Facilities Master Plan and in particular the District's goal of becoming a Net Zero Energy District, the District has prepared for review, discussion and action a draft of a Request for Proposal document.  This document will be distributed to selected organizations who can generate an analysis of the District's solar energy generating capacity, as well as provide the District with an array of options to fund such a program.   

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE REQUEST FOR PROPOSAL DOCUMENT FOR SOLAR GENERATION PROGRAM.
Attachments:
Request for Proposal - Solar 111920
9.2. Bowditch Middle School Facilities Planning
Rationale:

The purpose of this agenda item is to provide the Board of Trustees with an update on the planning done in the last five months for the new Drama and Science Buildings and other related projects at Bowditch Middle School which are part of Measure X Phase II.  In addition, the administration will provide information on the next steps in planning the campus-wide rebuild/renovate/build projects that are part of the Measure T commitment made to voters.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE FOR INFORMATION AN UPDATE ON THE MEASURE X AND MEASURE T PLANNING FOR BOWDITCH MIDDLE SCHOOL AND PROVIDE ANY DIRECTION TO THE ADMINISTRATION.

Financial Impact:

Planned projects for Bowditch will be supported from Measure X and Measure T funding.

Attachments:
Bowditch Measure X Project Update - Looking ahead to the Measure T Project 111920 Rev
9.3. Measure T Planning
Rationale:

At the September 24 meeting of the Board of Trustees, the administration provided the Board with the preliminary planning underway or contemplated for the Immediate Priorities identified in the Facilities Master Plan for the New Decade in the eventuality that Measure T would be successful.  While certification of the election is yet to be completed, it appears that Measure T has passed.  Therefore, planning has accelerated especially for the health and safety items associated with the planned return to school beginning with a phase-in in January for those families choosing the hybrid model for their children in TK-5th grade. 

Staff will present ameeting both the implementation work underway now for the health and safety priorities and the planned next steps for the other Immediate Priorities.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE FOR INFORMATION THE NEXT STEPS AND PROJECTED TIMELINE FOR THE IMMEDIATE PRIORITIES IDENTIFIED IN THE FACILITIES MASTER PLAN FOR THE NEW DECADE AND PROVIDE ANY DIRECTION TO THE ADMINISTRATION.

Financial Impact:
Bond funds to support the Immediate Priorities were authorized with the passage of Measure T.
Attachments:
MEASURE T - Immediate Priorities SMFC Facilities Master Plan for the New Decade111920
10. HUMAN RESOURCES
10.1. Defined Ed Code-Local Assignment Option (v)
Rationale:

Local Assignment Options are provisions within the Education Code and Title 5 Regulations that permit the Governing Board to authorize a fully credentialed educator to serve in an assignment outside of the authorized credential area when a fully credentialed teacher is unavailable for a teaching position.

Requests for Local Assignment Options must be presented for approval to the Governing Board of a public school district. These actions allow teachers to work beyond the scope of their credentials based on additional units, work experience and/or observations completed by a subject matter specialist. 

The following educators have met the specified criteria to teach outside of their assigned credential to complete their assignments for the 2020-2021 school year in the San Mateo-Foster City School District.

Education Code §44256 (b) allows Katherine Hofman holder of a Multiple Subject teaching credential to teach Science and Social Science in departmentalized classes.

Education Code §44256 (b) allows Amelia Hollingsworth holder of a Multiple Subject teaching credential to teach Social Science in departmentalized classes.

Education Code §44258.2 allows Julia Horak, holder of a Single Subject – Biological Science  teaching credential to teach Integrated Science in departmentalized classes.

Education Code §44258.2 allows Anna Leiss, holder of a Single Subject – Biological Science teaching credential to teach Integrated Science in departmentalized classes.

Education Code §44258.2 allows Laura Philippon, holder of a Single Subject – Biological Science teaching credential to teach Integrated Science in departmentalized classes.

Education Code §44256 (b) allows Megan Smith holder of a Multiple Subject teaching credential to teach Math and Science in departmentalized classes.

Education Code §44256 (b) allows Amelia Tarantino holder of a Multiple Subject teaching credential to teach Science and Social Science in departmentalized classes.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE AUTHORIZATIONS USING DEFINED EDUCATION CODE FOR THE INDIVIDUAL LISTED IN THE RATIONALE DESCRIPTION. 

     Katherine Hofman
     Amelia Hollingsworth
     Julia Horak
     Anna Leiss
     Laura Philippon
     Megan Smith
     Amelia Tarantino


11. REQUESTS FOR FUTURE AGENDA ITEMS
12. FUTURE MEETING DATES
Attachments:
Future Meeting Dates 111920
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: November 13, 2020, 2:30 PM

The resubmit was successful.