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CLOSED SESSION/REGULAR MEETING~BOARD OF TRUSTEES
San Mateo-Foster City SD
May 20, 2021 6:30PM
1170 Chess Drive Foster City, CA 94404 Join Teleconference via Zoom 5:00 pm -- Announcement of Closed Session - https://smfcsd-net.zoom.us/j/83719729412 Zoom ID: 837 1972 9412 6:30 pm -- Regular Board Meeting - https://smfcsd-net.zoom.us/j/83235443117 Zoom ID: 832 3544 3117 - Maximum capacity at this time for in-person attendance by members of the public is 15. Prior to each meeting there is a lottery sign up for the 15 seats. All others may join by zoom.

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: 5:00 PM
2. RECESS TO CLOSED SESSION
2.1. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code §54957.6, subd. (a)) Agency representative: Board President Kenneth Chin. Unrepresented employee: Superintendent
2.2. PUBLIC EMPLOYMENT (Gov. Code §54957, subd.(b)(1)) Title: Superintendent
2.3. Conference with Legal Counsel – Anticipated Litigation. Gov. Code Section 54956.9(d)(2) – Two potential cases
2.4. Conference with Legal Counsel, Existing and Potential Litigation (Government Code 54956.9): Student v. San Mateo-Foster City School District, OAH Case # 2020110101 and Special Education students, and claims leading to potential due process filing
2.5. GOVT. CODE § 54957 - PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
2.6. 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: May 20, 2021 (v)
3.5. Approval of Minutes: (v)
3.5.1. May 6, 2021 - Regular Board Meeting
Attachments:
Minutes -Draft 050621
3.5.2. May 7, 2021 - Special Board Meeting/Closed Session
Attachments:
Minutes - Draft - Special - Interviews for the New Superintendent 050721
4. RECOGNITION
4.1. Resolution No. 30/20-21 - Classified School Employee Appreciation Week (v)Was edited within 72 hours of the Meeting
Rationale:

May 17-21, 2021 has been declared Classified School Employee Appreciation Week.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ADOPT RESOLUTION  NO. 30/20-21 HONORING THE DISTRICT’S CLASSIFIED STAFF AND DECLARE MAY 17-21, 2021 AS CLASSIFIED SCHOOL EMPLOYEE APPRECIATION WEEK.

Attachments:
SMFCSD Resolution for Classified Staff Appreciation 20-21
4.2. San Mateo County School Board - Kent Award - Sanctuary Task Force Was edited within 72 hours of the Meeting
Attachments:
Video - ETF Presentation at the Kent Awards 052021
5. STATEMENTSWas edited within 72 hours of the Meeting
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. SMETA/CSEA/SMEAA Updates
5.5. Announcements
5.6. Superintendent Report
6. PROPOSED CONSENT AGENDA (v)
6.1. EDUCATION/STUDENT SERVICES
6.1.1. Non-Public Agency Contract for Staffing Services
Rationale:
At times, the San Mateo-Foster City School District is unable to fill staff positions and seeks support through outside agencies. During the 2020-2021 school year, the District needed assistance in filling certificated and classified positions to serve students with disabilities. Therapeutic Learning Consultants, Inc (TLC) is providing paraeducator support for students due to a vacancy.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NON-PUBLIC AGENCY (NPA) SERVICES AGREEMENT WITH THERAPEUTIC LEARNING CONSULTANTS, INC.
Financial Impact:
$8,336
Attachments:
NPA Individual Services Agreement 052021
6.1.2. Enrollment Projection Consultants Agreement with Thomas. R. Williams
Rationale:
Enrollment Projection Consultants has provided enrollment services to the District for several years and has a rich historical background in the demographics and population changes in the cities of San Mateo-Foster City areas.  His contract will provide for both an enrollment forecast and any District-requested on-call work for the 2021-2022 school year.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE CONSULTANT AGREEMENT WITH ENROLLMENT PROJECTION CONSULTANTS FOR THE 2021-2022 SCHOOL YEAR.
Financial Impact:
$13,800 ($10,800-Enrollment Forecast Update and $3,000 District On-Call Work)
Attachments:
EPC Forecast Study Proposal to SMFCSD for 2021-22
6.1.3. Settlement Agreements
Rationale:

Two parents filed separate special education complaints against the District.

Settlement 1: The Parent alleges the District denied Student a FAPE by failing to offer or provide appropriate services to Student and that procedural errors occurred. This Agreement constitutes a full and final resolution of all claims and issues arising or related to Students' education program and services through the date of the Agreement.

Settlement 2: The Parties had a previous settlement through the 2019-20 school year, and due to COVID-19 pandemic, the District was unable to assess the Student and offer placement for the 2020-21 school year. This Agreement constitutes a full and final resolution of all claims and issues arising from or related to Student's education program and services through the end of the 2020-21 Extended School Year.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE TWO SETTLEMENT AGREEMENTS IN THE AMOUNT OF $20,922.50.
Financial Impact:
$20,922.50.
Attachments:
Settlement Template 5-20-2021
6.1.4. Settlement Agreement
Rationale:

Parent filed a special education due process complaint ("Complaint") against the District, alleging that the District denied Student a FAPE from the start of the 2019-2020 school year to the present.

This Agreement constitutes a full and final resolution of all claims and issues arising from or related to Student's educational program and services. The agreement is not, and shall not be construed as, an admission of liability fault or wrongdoing of any kind by Parent and/or the District. No party shall be deemed the "prevailing party." The agreement is confidential except as required by law.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE SETTLEMENT AGREEMENT IN THE AMOUNT OF $135,000.
Attachments:
Settlement Agreement (DP) 052021
6.2. BUSINESS/FINANCE
6.2.1. Beach Park Elementary School in Foster City - Overaa Change Order No.010
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. 010 to the original contract is $12,643.42 (0.04% of the original contract), funded by Measure X.  The total summary cost of Change Orders 001 - 009 is $2,306,326.67 (7.69% of the original contract).  The complete breakdown of Change Order No. 010, with all the related costs, is included in the attachments.     

The new contract amount will be $32,316,970.09, which is within the Beach Park Elementary School Project budget.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE CHANGE ORDER NO. 010 FOR C. OVERAA & CO. REGARDING THE BEACH PARK ELEMENTARY SCHOOL PROJECT.

Financial Impact:

$12,643.42 - Measure X Funds

Attachments:
Change Order_010
6.2.2. Beach Park Elementary School - Special Testing and Inspections Amendment 1
Rationale:

Consolidated Engineering Laboratories (CEL) has exceeded their contract amount for materials testing and construction inspection services for the Shell & Beach Sidewalks and additional services for the Beach Park Elementary School in Foster City. 

CEL's original budget estimate proposal dated August 24, 2018 included pricing for a Covered Walkway ($19,088.80) and Lunch Shelter ($14,684.10) that were not included in our contract amount. AC Paving was also a significant contributor to this budget increase.

CEL's proposals will increase their original contract amount of $151,394.30 by $75,508.09 for a new total contract amount of $226,593.49.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE AMENDMENT 1 FOR CONSOLIDATED ENGINEERING LABORATORIES REGARDING THE BEACH PARK ELEMENTARY SCHOOL PROJECT.

Financial Impact:

$75,508.09 - Measure X Funds

Attachments:
Amendment_01
Exhibit A - 10-35272PW New Elementary School in Foster City 01-117111 Add Service Re...
Exhibit A - 10-55983PW Shell & Beach Sidewalks for New Elementary School Proposal
6.2.3. Borel Middle School - existing weight room upgrades - Reilly Construction, Inc.Was edited within 72 hours of the Meeting
Rationale:

The existing locker rooms and associated storage rooms and office at Borel Middle School are in need of updating as they have not been updated in decades and repurposing as the new locker rooms are ready for the school to occupy.  The existing locker rooms are going to be the new weight room.  The scope includes the following: Removal of some wall sections.  Removal of the existing flooring.  Painting of the walls, ceilings, and doors. Replacing of the light switches and light fixtures. 

Through the California Uniform Public Construction Cost Accounting Act's (CUPCCAA) procedures for informal bids, the Facilities Department solicited bids from general contractors that are in the District's CUPCCAA list.  One contractor submitted a bid - Reilly Construction, Inc. was the apparent low responsive bidder (see attached bid results).  

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE CONTRACT WITH REILLY CONSTRUCTION, INC. FOR THE WEIGHT ROOM UPGRADE PROJECT AT THE BOREL MIDDLE SCHOOL CAMPUS.   
Attachments:
Bid results for Borel MS weight room
6.2.4. Bowditch Middle School-Cleary Consultants, Inc. - Contract & Amendment #1
Rationale:

On November 17, 2020, the District issued a contract for Cleary Consultants, Inc. as a consultant to the School District for the Measure X Project at Bowditch Middle School New Drama and Science Classrooms Project in the amount of $39,800.00 to perform a Geologic Investigation and a Geologic and Seismic Hazard Assessment for the initial building locations.

The District, in working with Cleary Consultants, Inc., encountered District requests to shift around building locations to incorporate Measure T buildings (Gym, Library/Media Center/Staff Resource, and Classrooms) with the Measure X buildings (Drama & Science Buildings).  All the initial borings will be able to used for future proposed building locations.  Along with the Geologic Investigation and a Geologic and Seismic Hazard Assessment for the new building locations of the Drama and Science Classroom in the scope of work of Amendment #1 is an Environmental Soil Screening which is required for off-haul spoils disposal.    

The cost of Amendment No. 1 to the original contract is $20,200.00 (51% of the original contract).  

The new contract amount will be $60,000.00, which is within the Measure X Bowditch Middle School New Drama and Science Classrooms Project budget.         

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE AMENDMENT NO. 1 FOR CLEARY CONSULTANTS, INC. REGARDING THE NEW DRAMA  AND SCIENCE CLASSROOMS PROJECT AT BOWDITCH MIDDLE SCHOOL.
Financial Impact:
$20,200.00 - Measure X Funds 
Attachments:
Geotech proposal for Bowditch MS Drama & Science Buildings
6.2.5. Meadow Heights Elementary School - American Asphalt - Paving in between classroom wings
Rationale:

The existing asphalt areas in between the classroom wings at Meadow Heights Elementary School is in need of updating as they have not been updated in decades and is a safety concern for the staff and students.  The scope includes the following: Leveling out an area outside the back door of all the classrooms creating a spot for outdoor learning, regrading the areas for safer traverse, & resealing and restriping the lower playground area.  

Through the California Uniform Public Construction Cost Accounting Act's (CUPCCAA) procedures for informal bids, the Facilities Department solicited bids from general contractors that are in the District's CUPCCAA list. One contractor submitted a bid - American Asphalt, Inc. (see attached bid results).  

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE CONTRACT WITH AMERICAN ASPHALT, INC. FOR THE ASPHALT UPGRADES PROJECT AT THE MEADOW HEIGHTS ELEMENTARY SCHOOL CAMPUS.   
Financial Impact:
$81,284 - Measure T Funds
Attachments:
Bid results for asphalt between classroom buildings
6.2.6. 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 052021
6.2.7. 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 052021
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 052021 rev
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 052021 rev
7. SUPERINTENDENT SERVICES/BOARD
7.1. Appointment of Superintendent (v)Was edited within 72 hours of the Meeting
Rationale:

After an extensive search by McPherson and Jacobson, LLC, a thorough review of applications, interviews with a stakeholder panel, interviews with the Board of Trustees and reference checking, Diego R. Ochoa is being recommended for appointment as the next Superintendent of the San Mateo-Foster City School District. 

Ochoa has served as Superintendent of the Hollister School District since the 2018-2019 school year. He brings a strong background in curriculum, special education, innovative actions related to equity, student wellness and parent engagement, and knowledge of building school facilities.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD APPOINT DIEGO R. OCHOA AS THE NEXT SUPERINTENDENT OF THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT.
7.2. Approval of Superintendent Employment Agreement (v)
Rationale:
The Board will review the Superintendent Employment Agreement.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE EMPLOYMENT AGREEMENT FOR THE NEW SUPERINTENDENT.
Attachments:
Superintendent Employment Agreement - D. Ochoa 2021 052021
8. EDUCATION/STUDENT SERVICES
8.1. Accelerated Learning Plan - AB86 - (v)
Rationale:
Staff will present the AB86 Supplemental Instruction and Support Plan to the Board for review and approval.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE AB86 SUPPLEMENTAL INSTRUCTION AND SUPPORT PLAN.
Financial Impact:
$7,108,965 AB86 Funding
Attachments:
AB86 Supplemental Instruction and Support Plan 052021
AB86 Supplemental Instruction and Support Plan Budget 052120
8.2. Fall Plans (v)
Rationale:

The Board of Trustees will affirm their commitment to a return to school this fall following pre-pandemic, state required, instructional minutes including a lunch period.  San Mateo Public Health and California Department of Education mitigation measures will be followed.  Extra curricular events may also resume also following any San Mateo Public Health and California Department of Education guidance. 

 

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES AFFIRM THEIR COMMITMENT TO A RETURN TO SCHOOL THIS FALL  FOLLOWING THE PRE-PANDEMIC, STATE REQUIRED, INSTRUCTIONAL MINUTES INCLUDING A LUNCH PERIOD ALONG WITH RESUMING EXTRA CURRICULAR EVENTS WHILE FOLLOWING ANY SAN MATEO PUBLIC HEALTH AND CALIFORNIA DEPARTMENT OF EDUCATION GUIDANCE.

9. BUSINESS/FINANCE
9.1. 2021-2022 Budget Assumptions
Rationale:
Staff has compiled a list of budget assumptions that will be utilized to prepare the 2020-2021 General Fund Budget.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON THE BUDGET ASSUMPTIONS.
Attachments:
Budget Assumptions FINAL 052021
10. HUMAN RESOURCES
10.1. Declaration of Need (v)
Rationale:
The Declaration of Need form is submitted to the State of California Commission on Teacher Credentialing annually to certify that the District may need to apply for waivers, emergency credentials and authorizations if the District is unable to recruit and hire teachers in hard to fill positions.  The Declaration of Need for Fully Qualified Educators (attached) will allow the District to fill vacancies in specific areas of need such as CLAD, BCLAD, math, science and special education.
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE DECLARATION OF NEED FOR FULLY QUALIFIED EDUCATORS FOR THE 2021-2022 SCHOOL YEAR.

Attachments:
Declaration of Need-2021-2022 052021 rev
10.2. New Job Description for Principal on Special Assignment, Multi-Tiered Systems of Support (MTSS) (v)
Rationale:
The District is requesting approval of the job description of a new Principal on Special Assignment (POSA), Multi-Tiered Systems of Support (MTSS) position to meet the goals in the state-mandated Consolidated Coordinated Early Intervening Services (CCEIS) project due to our District's significant disproportionality in over identifying Hispanic students as learning disabled. This project plan and budget development occurred with the support of an outside facilitator for CCEIS as well as our SELPA coordinators.


Implementing MTSS is a District-wide initiative, and will benefit the SST and special education referral processes in all schools when evaluating students to determine eligibility for special education services. The MTSS framework will be implemented across all schools in the District, not just at the schools initially targeted for the CCEIS work.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE JOB DESCRIPTION FOR THE PRINCIPAL ON SPECIAL ASSIGNMENT, MULTI-TIERED SYSTEMS OF SUPPORT.

Financial Impact:
The new position will be set on the management salary schedule and has a financial impact of $159,189 - $186,546.
Attachments:
Job Description-POSA-MTSS
11. BOARD MEMBER STATEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
12. FUTURE MEETING DATES
Attachments:
Future Meeting Dates 052021
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: May 11, 2021, 5:07 PM

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