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CLOSED SESSION/REGULAR MEETING~BOARD OF TRUSTEES
San Mateo-Foster City SD
January 21, 2021 6:30PM
Teleconference Meeting via Zoom Closed Session Begins at 5:30 pm https://zoom.us/j/97516233062 Zoom ID: 97516233062 Regular Board Meeting Begins at 6:30 pm https://zoom.us/j/97336947291 Zoom ID: 97336947291 To listen to the meetings: One tap mobile +16699009128,,97336947291# 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. GOVT. CODE § 54957.6 – CONFERENCE WITH LABOR NEGOTIATOR(S) – Agency Designated Representative: Dr. Joan Rosas. Employee Organization: SMETA, CSEA and/or SMEAA. 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: January 21, 2020 (v)
3.5. Approval of Minutes (v):
3.5.1. December 8, 2020 -- School Visitations - Borel MS and Baywood ES
Attachments:
Minutes - Draft 120820 - Special - School Visitation - Borel & Baywood
3.5.2. December 9, 2020 - Regular Board Meeting
Attachments:
Minutes - Draft 120920
3.5.3. December 14, 2020 - Special Board Meeting
Attachments:
Minutes - Draft - Special Board Meeting 121420
4. STATEMENTS
4.1. Public Statements Related to Non-agenda Topics:
4.2. Public Statements Related to Agenda Items: Persons will be called on at the appropriate time
4.3. Foundation/Committee Reports
4.4. Announcements
4.5. Superintendent Report
5. PROPOSED CONSENT AGENDA (v)
5.1. EDUCATION/STUDENT SERVICES
5.1.1. Middle School English Language Development Instructional Materials Adoption
Rationale:
A committee of classroom teachers, Teachers on Special Assignment, and the English Learner Coordinator reviewed the instructional materials options for the newly created Academic Language Acceleration Course, which is the Designated English Language Development course for Long-Term English Learners in district middle schools.  The committee determined that there was no quality instructional material option for this specific student group.  Therefore, working from a model unit developed by Stanford University’s “Understanding Language” initiative and adopted by the state as a model for distance learning, the committee created curriculum for the course and now recommends its adoption of the next 4 units.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION AND APPROVE THE RECOMMENDED INSTRUCTIONAL MATERIALS FOR ADOPTION.
5.1.2. Approval of School Accountability Report Cards (SARCs)
Rationale:

The District is required by state law to complete a School Accountability Report Card (SARC) for each District school. These reports provide the community with important information about each school.

SARCs must be updated annually and published by February 1. The 2020-2021 SARCs are ready for publication.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT THE 2020-2021 SCHOOL ACCOUNTABILITY REPORT CARDS (SARCS) FOR ALL TWENTY-ONE DISTRICT SCHOOLS.
Attachments:
2020-2021 Approval of the SARC - all schools 012120
5.1.3. Williams Quarterly Report
Rationale:

The Williams Case resulted in a new Education Code designed to address complaints or deficiencies at schools related to instructional materials, emergency or urgent facility conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or misassignment.

The Williams Settlement Education Code 35186 requires that a quarterly report be made to the Board of any complains related to the Williams Case.  There have been no complaints filed for the second quarter of the 2020 - 2021 school year.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT THE QUARTERLY REPORT ON WILLIAMS UNIFORM COMPLAINTS.

Attachments:
Williams UCPQ Report 2020-2021 - SMFCSD - Second Quarter
5.2. BUSINESS/FINANCE
5.2.1. Abbott Middle School- District Wide Shade Structure Project- Community Playgrounds Inc. (Installation Only).
Rationale:

The Board of Trustees approved a contract to Community Playgrounds Inc. on June 20, 2019 for the amount of $99,328.00. Due to going back to DSA (Division of State Architects) for changes in the building code Community Playgrounds added fees for time and changes.

The cost of add to the contract is $36,344.00 to bring the total of the new contract amount to. $135,672.00.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE ADD FOR COMMUNITY PLAYGROUNDS INC. FOR TIME AND CHANGES TO THE ABBOTT MIDDLE SCHOOL SHADE STRUCTURE.
Financial Impact:
$36,344.00 - Fund 40 Funding
Attachments:
Abbott Shade Structure Addition 012121
5.2.2. Abbott New Gymnasium/Classrooms Project - Change Order No.7 Rodan Builders Inc.
Rationale:

On March 21, 2019, the Board of Trustees approved the contract for Rodan Builders Inc. for the New Gymnasium/Classrooms Project at Abbott Middle School, per the bid on March 12, 2019 for $15,781,000.00.

The District, in working with Rodan Builders Inc., encountered a need for changes with items listed in the attached change order.

The cost of Change Order No.7 is $90,321.00, which is .57% of the original contract. To date the Change Orders 1-6 is $719,046.00, which is 4.56% of the original contract.

The new contract amount for Rodan Builders Inc. is $16,590,367.00, which is within the Measure X Budget.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE CHANGE ORDER NO.7 FOR RODAN BUILDERS INC. FOR THE ABBOTT NEW GYMNASIUM/CLASSROOMS PROJECT.
Financial Impact:
$90,321.00 - Measure X Funding
Attachments:
Abbott New Gym Classrooms Change Order No. 7 012121
Measure X Budget Summary Sheet 012121
5.2.3. Notice of Completion - Bayside Stem Academy Existing Gym Heating Project - G.Y. Engineering Company Inc.
Rationale:
Pursuant to the contracts, awarded by the Board of Trustees on July 16, 2020, G.Y. Engineering Company Inc. has furnished all materials and furnished all labor for the completion of the work related to the Bayside Stem Academy Existing Gym Heating Project No. 20-169. With the approval of the Board of Trustees, the attached Notice of Completion will be filed with the San Mateo County Recorder's Office as required by the law.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NOTICE OF COMPLETION FOR THE BAYSIDE STEM ACADEMY EXISTING GYM HEATING PROJECT.
Financial Impact:
None
Attachments:
Notice of Completion - Bayside Heating Project
5.2.4. Beach Park Elementary- New Elementary School- 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 "as 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 Source Well) in the past to purchase classroom furniture.

The Administration recommends approving the contract for $595,391.30 with Palace Business Solutions for the furniture for the remaining classrooms, administration offices, library, multipurpose room,and picnic tables for lunch area at Beach Park Elementary.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE AGREEMENT FOR PALACE BUSINESS SOLUTIONS REGARDING THE NEW SCHOOL AT BEACH PARK ELEMENTARY.
Financial Impact:
$595,391.30 - Measure X Funding
Attachments:
Beach Park Elementary - School Furniture
Measure X Budget Summary Sheet 012121
5.2.5. Beach Park Elementary School - Overaa Change Order No.008
Rationale:

As we are nearing the final few months of the Beach Park Elementary School project, we have managed to keep the project change orders at 2.9% to date. With such a successful change order rate, the district has decided to add back into the scope the lunch shelter and walkway canopy to the project. The lunch shelter will provide covered outdoor eating area for the students. The walkway canopy will keep the students dry when transitioning from classroom to classroom and the MPR. The contractor, Overaa & Co., has worked with our district team to offer these covered walkways at the bid-day price that was offered over a year and a half ago. With these two changes, it brings our project percentage total to 7.4%, which is still below the overall maximum change order allotted amount. 

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

The cost of Change Order No. 008 to the original contract is $1,358,028.30 (4.53% of the original contract), funded by Measure X. The total summary cost of Change Orders 001 - 007 is $858,045.05 (2.86% of the original contract). The complete breakdown of Change Order No. 008, with all the related costs, is included in the attachments.

The new contract amount will be $32,214,073.35, which is within the Beach Park Elementary School Project budget.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE CHANGE ORDER NO. 008 FOR C. OVERAA & CO. REGARDING THE BEACH PARK ELEMENTARY SCHOOL PROJECT.
Financial Impact:
$1,358,028.30 - Measure X Funds
Attachments:
Change Order_008
Letter of Approval - Overaa 012121
Measure X Budget Summary Sheet 012121
PCO for Walkway Canopy Lunch Shelter and Flashing
5.2.6. George Hall- Multipurpose Building Project - HMC Architects
Rationale:

On May 7, 2020, the Board of Trustees approved HMC Architects, as the architectural firm for the George Hall Multipurpose Building Project.

Since then the scope of the project has been changed and modified. The Architect will provide additional services related to relocating of two portables as well as service for a new upper-grade play structure.

To implement the above services, HMC Architects submitted an additional service fee. HMC Architects services of $580,300.00 will be increased but not-to-exceed fee of $40,000.00, for a total of $620,300.00.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE AMENDMENT NO. 1 FOR HMC ARCHITECTS FOR THE AMOUNT OF $40,000.00.
Financial Impact:
$40,000.00 - Measure X Funding.
Attachments:
Amendment No. 1 HMC Architects
Measure X Budget Summary Sheet 012121
5.2.7. 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 012121
5.2.8. 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 - 012121
5.3. HUMAN RESOURCES
5.3.1. 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 012120 Rev
5.3.2. 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 012121
6. SUPERINTENDENT SERVICES/BOARD
6.1. New School in North Central San Mateo - Introduction of Team & Presentation
Rationale:
At the November 19, 2020 Board Meeting, the Board of Trustees asked the Administration to move forward with the consulting proposal presented by Pedro Noguera and PAN Ltd. for program options in the new elementary school in North Central San Mateo.  The team from PAN Ltd. will present current planning and timeline.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON THE CURRENT PLANNING AND TIMELINE FOR THE NEW SCHOOL IN NORTH CENTRAL.


6.2. Reopening Update: Testing and Vaccination
Rationale:
County Superintendent Nancy Magee will present updated information on COVID-19 Testing and Vaccinations in San Mateo County.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE AN UPDATE FROM COUNTY SUPERINTENDENT NANCY MAGEE ON COVID-19 TESTING AND VACCINATIONS IN SAN MATEO COUNTY.
Attachments:
County Superintendent Nancy Magee COVID-19 Update PPT 012121
6.3. Reopening Update: Site Preparation
Rationale:

Assistant Superintendents Dr. Sarah Drinkwater and Sue Wieser will present information on site preparation work for reopening.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE AN UPDATE ON SITE PREPARATION WORK FOR REOPENING.
Attachments:
Reopening Plan - Site Preparation PPT 012121
6.4. Middle School Reopening Plan (v)
Rationale:

At the December 09, 2020 Board Meeting, the Board directed staff to return with a presentation on program options for the Middle School Reopening for spring 2021.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION AND APPROVE THE MIDDLE SCHOOL REOPENING PROGRAM OPTIONS FOR SPRING 2021 AND FALL 2021.
Attachments:
Middle Schools Program Planning Update PPT 012121
6.5. Reopening Update: Governor Newsom's Safe Schools for All Plan (v)
Rationale:
Staff will present an update on Governor Newsom's Safe Schools for All Plan.  The Board will need to make a determination regarding submission date.
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON GOVERNOR NEWSOM'S SAFE SCHOOLS FOR ALL PLAN AND PROVIDE DIRECTION TO STAFF ON SUBMISSION OF THE GRANT.

Attachments:
Reopening Plan - Gov. Newsom's Safe Schools for All PPT 012121
6.6. Resolution No. 21/20-21 – Entering Measure T Election Results into the Minutes (v)
Rationale:

An election was held in the San Mateo-Foster City School District on November 3, 2020 (the “Bond Election”) for the issuance and sale of general obligation bonds of the District for various purposes in the maximum amount of $409,000,000 (“Measure T”).

This Resolution enters into the minutes of the meeting that Measure T was approved by more than fifty-five percent of the votes cast at the Bond Election and declares that all of the proceedings of the District in connection with the Bond Election have been accomplished according to law. 

Adoption of this Resolution starts the 60-day period by which time the District must have established the Citizens’ Oversight Committee and all members been appointed by the Board.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE RESOLUTION NO. 21/20-21 - ENTERING THE ELECTION RESULTS OF MEASURE T INTO THE MINUTES.

Attachments:
Certificate of the Chief Elections Officer 012121
Resolution No. 21 20-21 - Entering Election Results November 2020 012121
6.7. Events of January 6, 2021
Rationale:

School districts have responded to the events that occurred at the Nation’s Capital on January 6, 2021 in a variety of ways. Actions that could be considered in the San Mateo - Foster City School District include continuing the important work of the Sanctuary Task Force and Equity Task Force, developing protocols for staff use in response to such events, reviewing and strengthening civics education and continuing our work on ensuring inclusive classrooms and school communities.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES DISCUSS THE EFFECT OF THE EVENTS OF JANUARY 6, 2021 ON THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT AND PROVIDE DIRECTION TO STAFF ON POSSIBLE NEXT STEPS.

Financial Impact:
Unknown.
7. BUSINESS/FINANCE
7.1. Measure T HVAC/Air Filtration Implementation Report
Speaker:
Tish Busselle, Advisor to the Superintendent, Patrick Gaffney and Aedis Team
Rationale:

On September 24, 2020, the Board of Trustees approved a professional services agreement with Aedis Architects to provide analyses and recommendations to the District regarding HVAC, air filtration and related necessary electrical upgrades.  This was the precursor to fulfill the commitment in the Immediate Priorities in the SMFCSD Facilities Master Plan for the New Decade adopted by the Board of Trustees on July 30, 2020.

The specific Immediate Priorities in the Facilities Master Plan related to this item which will be funded by the Measure T bond measure passed by the voters on November 3, 2020 are:

  • Add air conditioning with air filtration to facilities where there is none currently
  • Replace/upgrade existing HVAC at schools which serve 6-8th graders and pod schools
  • Add/improve air filtration on existing HV units which have air conditioning (HVAC)
  • Upgrade electric systems where needed to support increased electrical demand such as from adding air conditioning and/or air filtration.

Aedis and its team of subcontractors with mechanical or electrical expertise did the following work which resulted in its Report:

  1. analyzed existing Heating and Ventilation (HV) and HVAC systems including electrical systems at all District sites except Bowditch which has a recent HVAC system upgrade in all of its facilities except two and which is slated for a rebuild/new build/renovation project for which planning will begin soon
  2. developed recommendations for ways to achieve this Immediate Priority in the Facilities Master Plan at each District site
  3. prepared  cost projections for its recommendations

In addition, the scope of work for Aedis was expanded to include an analysis of project delivery options (in other words, how to implement its recommendations), a realistic timeline for implementation and a recommended grouping of projects.

The Aedis team will present its analyses and recommendations at the Board meeting on January 21 and answer any questions that the Board may have.  The Report will be posted as an attachment to this agenda item by no later than January 19.  This item is presented for information and any direction regarding next steps, which the Board of Trustees may wish to provide.  

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE THE REPORT FROM AEDIS AND TEAM FOR INFORMATION AND PROVIDE ANY DIRECTION ABOUT NEXT STEPS TO THE ADMINISTRATION.
Financial Impact:
The cost of the study and resulting Report was paid for out of bond funds.  Funds for implementation of the recommendations and next steps are included in the Measure T bond funds.
Attachments:
1. HVAC and Air Filtration Implementation Study 012121
2. Appendix A-Mechanical Report Part 1 012121
3. Appendix A-Mechanical Report Part 2 012121
4. Appendix A-Mechanical Report Part 3 012121
5. Appendix A-Mechanical Report Part 4 012121
6. Appendix B-Electrical Report 012121
7. HVAC and Air Filtration Implementation Report PPT 012121
8. Aedis HVAC-Air Filtration Report PPT 012121 REV 012521
7.2. 2021-2022 Governor's Budget Proposal
Rationale:

Information from the School Services "Governor's Proposals for the 2021-2022 State Budget and K-12 Education" will be presented to the Board.  

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION REGARDING THE GOVERNOR'S PROPOSALS FOR THE 2021-2022 STATE BUDGET AND K-12 EDUCATION.

Attachments:
2021-2022 Governor's Budget Proposal PPT 012121
7.3. Resolution No. 18/20-21 - A Resolution of the Board of Trustees authorizing the issuance of San Mateo-Foster City School District (San Mateo County, California) Election of 2015 General Obligation Bonds, Series B, and related actions (v)
Rationale:

An election was held in the San Mateo-Foster City School District on November 3, 2015 for the issuance and sale of general obligation bonds (“Bonds”) of the District for various purposes in the maximum amount of $148,000,000 (the “Measure X”). 

On March 10, 2016, the District issued the first series of bonds under Measure X in the principal amount of $74,000,000.  The District now desires to finance certain projects approved under Measure X by the issuance of its second series of Bonds under Measure X in an amount not-to-exceed $45,000,000. 

(a)        Bond Resolution.  This Resolution authorizes the issuance of Bonds, specifies the basic terms, parameters and forms of the Bonds, and approves the form of Purchase Contract and form of Preliminary Official Statement described below.  In particular, Section 1 of the Resolution establishes the maximum aggregate principal amount of the Bonds to be issued ($45,000,000).  Section 4 of the Resolution states the maximum underwriters’ discount (0.375%) with respect to the Bonds, the maximum legal interest rate on the Bonds, and authorizes the Bonds to be sold at a negotiated sale to RBC Capital Markets, LLC and Stifel, Nicolaus & Company, Incorporated (the “Underwriters”).  The resolution only approves the issuance of the Bonds as Current Interest Bonds.

(b)        Form of Purchase Contract.  Pursuant to the Purchase Contract, the Underwriters will agree to buy the Bonds from the District.  All the conditions of closing the transaction are set forth in this document, including the documentation to be provided at the closing by various parties.  Upon the pricing of the Bonds, the final execution copy of the Purchase Contract will be prepared following this form.

(c)        Form of Preliminary Official Statement.  The Preliminary Official Statement (“POS”) is the offering document describing the Bonds which may be distributed to prospective purchasers of the Bonds.  The POS discloses information with respect to among other things (i) the proposed uses of proceeds of the Bonds, (ii) the terms of the Bonds (interest rate, redemption terms, etc.), (iii) the bond insurance policy for the Bonds, if any, (iv) the security for repayment of the Bonds (the ad valorem tax levy), (v) information with respect to the District’s tax base (upon which such ad valorem taxes may be levied), (vi) District financial and operating data, (vii) continuing disclosure with respect to the Bonds and the District, and (viii) absence of litigation and other miscellaneous matters expected to be of interest to prospective purchasers of the Bonds.  Following the pricing of the Bonds, a final Official Statement for the Bonds will be prepared, substantially in the form of the POS.

(d)        Form of the Continuing Disclosure Certificate.  The form of the Continuing Disclosure Certificate can be found in APPENDIX C to the POS.  Effective July 3, 1995, all underwriters of municipal bonds are obligated to procure from a bond issuer a covenant that such public agency will annually file “material financial information and operating data” with respect to such public agency.  Such filings are required to be made through the web-based Electronic Municipal Market Access (“EMMA”) system maintained by the Municipal Securities Rulemaking Board (which is the federal agency that regulates “broker-dealers,” including investment banking firms that underwrite municipal bonds).  This requirement is expected to be satisfied by the filing of the District’s audited financial statements and other operating information about the District, in the same manner the District has filed in connection with prior bond issuances.  The purpose of the law is to provide investors in the Bonds with current information regarding the District.  Similar laws have governed the corporate debt market for many years.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE RESOLUTION NO. 18/20-21 AUTHORIZING THE ISSUANCE OF SAN MATEO-FOSTER CITY SCHOOL DISTRICT (SAN MATEO COUNTY, CALIFORNIA) ELECTION OF 2015 GENERAL OBLIGATION BONDS, SERIES B, AND ACTIONS RELATED THERETO.
Financial Impact:

There is no fiscal impact to the General Fund resulting from the issuance of the Bonds. 

Attachments:
POS [SMFCSD (Election of 2015 GO Bonds, Series A & Election of 2020 GO Bonds, Series B)] 012121
Purchase Contract [San Mateo-Foster City School Purchase Contract - District (Election of 2015 Series B & Election of 2020 Series A) 012121
Resolution No. 18 20-21 - Authorizing the issuance of SMFCSD Election of 2015 GOB, Series B - Measure X 012121
7.4. Resolution No. 19/20-21 - A Resolution of the Board of Trustees authorizing the issuance of San Mateo-Foster City School District (San Mateo County, California) Election of 2020 General Obligation Bonds, Series A, and related actions (v)
Rationale:

An election was held in the San Mateo-Foster City School District on November 3, 2020 for the issuance and sale of general obligation bonds (“Bonds”) of the District for various purposes in the maximum amount of $409,000,000 (the “Measure T”). 

The District now desires to finance certain projects approved under Measure T by the issuance of its first series of Bonds under Measure T in an amount not-to-exceed $100,000,000. 

(a)        Bond Resolution.  This Resolution authorizes the issuance of Bonds, specifies the basic terms, parameters and forms of the Bonds, and approves the form of Purchase Contract and form of Preliminary Official Statement described below.  In particular, Section 1 of the Resolution establishes the maximum aggregate principal amount of the Bonds to be issued ($100,000,000).  Section 4 of the Resolution states the maximum underwriters’ discount (0.375%) with respect to the Bonds, the maximum legal interest rate on the Bonds, and authorizes the Bonds to be sold at a negotiated sale to RBC Capital Markets, LLC and Stifel, Nicolaus & Company, Incorporated (the “Underwriters”).  The resolution only approves the issuance of the Bonds as Current Interest Bonds.

(b)        Form of Purchase Contract.  Pursuant to the Purchase Contract, the Underwriters will agree to buy the Bonds from the District.  All the conditions of closing the transaction are set forth in this document, including the documentation to be provided at the closing by various parties.  Upon the pricing of the Bonds, the final execution copy of the Purchase Contract will be prepared following this form.

(c)        Form of Preliminary Official Statement.  The Preliminary Official Statement (“POS”) is the offering document describing the Bonds which may be distributed to prospective purchasers of the Bonds.  The POS discloses information with respect to among other things (i) the proposed uses of proceeds of the Bonds, (ii) the terms of the Bonds (interest rate, redemption terms, etc.), (iii) the bond insurance policy for the Bonds, if any, (iv) the security for repayment of the Bonds (the ad valorem tax levy), (v) information with respect to the District’s tax base (upon which such ad valorem taxes may be levied), (vi) District financial and operating data, (vii) continuing disclosure with respect to the Bonds and the District, and (viii) absence of litigation and other miscellaneous matters expected to be of interest to prospective purchasers of the Bonds.  Following the pricing of the Bonds, a final Official Statement for the Bonds will be prepared, substantially in the form of the POS.

(d)        Form of the Continuing Disclosure Certificate.  The form of the Continuing Disclosure Certificate can be found in APPENDIX C to the POS.  Effective July 3, 1995, all underwriters of municipal bonds are obligated to procure from a bond issuer a covenant that such public agency will annually file “material financial information and operating data” with respect to such public agency.  Such filings are required to be made through the web-based Electronic Municipal Market Access (“EMMA”) system maintained by the Municipal Securities Rulemaking Board (which is the federal agency that regulates “broker-dealers,” including investment banking firms that underwrite municipal bonds).  This requirement is expected to be satisfied by the filing of the District’s audited financial statements and other operating information about the District, in the same manner the District has filed in connection with prior bond issuances.  The purpose of the law is to provide investors in the Bonds with current information regarding the District.  Similar laws have governed the corporate debt market for many years
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE RESOLUTION NO. 19/20-21 AUTHORIZING THE ISSUANCE OF SAN MATEO-FOSTER CITY SCHOOL DISTRICT (SAN MATEO COUNTY, CALIFORNIA) ELECTION OF 2020 GENERAL OBLIGATION BONDS, SERIES A, AND ACTIONS RELATED THERETO.
Financial Impact:

There is no fiscal impact to the General Fund resulting from the issuance of the Bonds. 

Attachments:
POS [SMFCSD (Election of 2015 GO Bonds, Series A & Election of 2020 GO Bonds, Series B)] 012121
Purchase Contract [San Mateo-Foster City School Purchase Contract - District (Election of 2015 Series B & Election of 2020 Series A) 012121
Resolution No. 19 20-21 - Authorizing the issuance of SMFCSD Election of 2020 GOB, Series A - Measure T 012121
7.5. Resolution No. 20/20-21 - Designating a Citizens' Bond Oversight Committee for Measure T, Measure L and Measure X, and Approving Amended and Restated Bylaws Therefor (v)
Rationale:

On November 3, 2020, a proposition for the issuance of general obligation bonds of the San Mateo-Foster City School District (“District”) in the amount of $409,000,000 was approved by more than 55% of the voters voting on the measure (“Measure T”). Education Code Section 15278 provides that the governing board of a school district shall establish and appoint members to an independent citizens’ oversight committee, within 60 days of the date that the governing board enters the election results on its minutes.

The Board of Trustees previously established an independent citizens’ bond oversight committee (“Committee”) in connection with issuance of bonds under its Measure L and Measure X.  The instant Resolution expands the role of the original the Measure L and Measure X Committee to serve as the Committee for Measure T, Measure L and Measure X, amends and restates the Bylaws for the Committee to make them applicable to Measure T, Measure L and Measure X, and rescinds the previous Bylaws of the Committee.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE RESOLUTION NO. 20/2021 DESIGNATING A CITIZENS’ BOND OVERSIGHT COMMITTEE FOR MEASURE T, MEASURE L AND MEASURE X, AND APPROVING AMENDED AND RESTATED BYLAWS THEREFOR.

Financial Impact:

Because the Education Code prohibits the use of bond funds for the support of the Committee, there may be a fiscal impact to the General Fund resulting from the District’s support of the Committee. 

Attachments:
1. Resolution No. 20 20-21 - Approving Amended and Restated Bylaws 2020 GO Bonds 012121
2. BOC Amended and Restated Bylaws - Measure T 012121
3. Application for Independent COC 2020 Bonds 012121
8. HUMAN RESOURCES
8.1. Renewal of Employment Contract for Patrick Gaffney, Chief Business Official (v)
Rationale:

The term of employment contract for the Chief Business Official is two years and ends on June 30, 2021. The contract for the Chief Business Official is requested to be renewed from July 1, 2021 through June 30, 2023.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RENEW THE EMPLOYMENT CONTRACT OF THE CHIEF BUSINESS OFFICIAL.

Financial Impact:
Annual salary - $209,412
Attachments:
Contract Renewal 2021-2023 - Patrick Gaffney - CBO 012121
9. BOARD MEMBER STATEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
10. FUTURE MEETING DATES
Attachments:
Future Meeting Dates 012121
11. ADJOURNMENT
11.1. 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: January 15, 2021, 3:45 PM

The resubmit was successful.