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CLOSED SESSION/REGULAR MEETING~BOARD OF TRUSTEES
San Mateo-Foster City SD
October 07, 2021 6:30PM
Closed Session Begins at 5:30 pm | Regular Meeting Begins at 6:30 pm In Person: 1170 Chess Drive, Foster City, CA 94404 (Maximum capacity at this time for in-person attendance by members of the public is 50) Via Zoom Announcement of Closed Session: 5:30 pm https://smfcsd-net.zoom.us/j/84184438015 - Zoom ID: 84184438015 Regular Board Meeting - 6:30 pm https://smfcsd-net.zoom.us/j/81799873981 - Zoom ID: 81799873981 iPhone one-tap US:+16699009128,,81799873981#

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 - Public Employee Discipline/Dismissal/Release
2.2. Conference with Legal Counsel, Existing Litigation (Government Code 54956.9). Student v. San Mateo-Foster City School District for the following case: LRF320210816
2.3. GOVT. CODE § 54957 - Public Employee Discipline/Dismissal/Release: District Office Reorganization
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: October 7, 2021 (v)
3.5. Approval of Minutes: September 23, 2021 (v)
Attachments:
Board Meeting Minutes 9-23-21
4. RECOGNITION
4.1. Resolution No. 08/21-22 for Week of the School Administrator
Rationale:
Per Education Code 44015.1 in observance of the importance of educational leadership at the school, school district, and county levels, the second full week in the month of October of each year shall be designated as “Week of the School Administrator.” Schools, school districts, and county superintendents of schools are encouraged to observe the week with public recognition of the contribution that school administrators make to successful pupil achievement. 
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE RESOLUTION 
NO. 08/21-22 HONORING THE DISTRICT’S ADMINISTRATORS AND DECLARING OCTOBER 10-16, 2021 AS THE WEEK OF THE SCHOOL ADMINISTRATOR.

Attachments:
Week of School Administrator Resolution
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. SMETA/CSEA/SMEAA Updates
5.5. Announcements
5.6. Superintendent Report
6. PROPOSED CONSENT AGENDA (v)
6.1. SUPERINTENDENT SERVICES/BOARD
6.1.1. Approval of 2021 – 2022 Non Public Agency (NPA) Individual Service Agreement
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 cannot be provided through District Programs, the District contracts with a Non-Public Agency (NPA) for those services.  The listed Individual Service Agreement is for the 2021-2022 school year.
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NON-PUBLIC AGENCY (NPA) INDIVIDUAL SERVICE AGREEMENT IN THE AMOUNT OF $52,975

Financial Impact:
$52,975
Attachments:
Approval of 2021-2022 Non Public Agency (NPA) Contract Summary
6.1.2. Ratification of 2021-2022 Educationally-Related Mental Health Services Provider Contract
Rationale:
The District provides services for individual special education students according to commitments made in the student's Individualized Education Plan (IEP). When approrpriate services are not able to be provided through district programs, the district contracts with a Non-Public Agency (NPA) for those services. The listed contract is for the 2021-2022 Regular School Year.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RATIFY THE NON-PUBLIC AGENCY (NPA) CONTRACT IN THE AMOUNT OF $209, 600.
Financial Impact:
$209,600
Attachments:
ERMHS Contract
6.1.3. Approval of Special Education Settlement Agreement
Rationale:
Student is a seventh grade student residing in the District and attending a private school for students with special needs.  Parents allege that the District's program offer denies Student a FAPE.  This Agreement constitutes a full and final resolution of all claims and issues arising from or related to Student's educational program and services through the end of the 2021-22 school year.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE SETTLEMENT AGREEMENT IN THE AMOUNT NOT TO EXCEED $55,000.00
Financial Impact:
$55,000.00
Attachments:
Settlement Summary for 10/7/2021 Board Meeting
6.2. BUSINESS/FINANCE
6.2.1. Beach Park Elementary- Furniture- 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 for $58,433.65 with Palace Business Solutions for the furniture for the remaining classrooms, administrations offices, multipurpose room, and annex at Beach Park Elementary.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE AGREEMENT FOR PALACE BUSINESS SOLUTIONS REGARDING BEACH PARK ELEMENTARY SCHOOL.
Financial Impact:
$58,433.65 - Measure X Funding
Attachments:
Beach Park Add Furniture
Beach Park Annex Furniture
6.2.2. Beach Park Elementary School - HMC Architects Amendment 5
Rationale:

San Mateo-Foster City School District is requesting HMC to provide professional design services, including agency processing, in the support of adding boundary survey and cost estimate.

To implement the above services, HMC Architects submitted an additional service fee. HMC Architects services of $776,524.33 will be increased by (but-not-to-exceed) $47,860.00, for a total of $824,384.33.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APP0RVE AMENDMENT NO.5 FOR HMC ARCHITECTS FOR HE AMOUNT OF $47,860.00.
Financial Impact:
$47,860.00- Measure X Funding
Attachments:
HMC Architexts Beach Park Amendment 5
6.2.3. Water Bottle Filling Project #2022-004 – Delta Bay Construction Inc.
Rationale:

The District Wide Water Bottle Filling Project was selected as a Measure T Construction Project as part of the Facilities Master Plan for the New Decade in January 2021.

The amount of this contract exceeds the $45,000-dollar value that the Superintendent may approve under his delegation per Board Policy.  PCC Section 20111(a) threshold for material only purchase is $96,700, as of January 1, 2021. The District solicited quotes from multiple contractors.

Resolution No. 41/20-21, was approved by the Board on June 28th, 2021, which delegates authority to the Superintendent, Director of Facilities and Construction and the Chief Business Official, to accept bids and/or proposals, and to accept and award contracts for the Bond Program limited to the subject matters set forth in Public Contract Code section 20111 et seq., and subject to ratification by motion of the Board at a subsequent Board meeting.

The District recommends ratifying the contract in the amount of $46,886.00 to Delta Bay Construction Inc. for the installation, and associated work, of Water Bottle Filling stations at Audubon, Baywood, Beresford, College Park, Fiesta Gardens, Laurel, North Shoreview, Parkside and Bowditch.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RATIFY THE CONTRACT WITH DELTA BAY CONSTRUCTION INC. FOR THE INSTALLATION, AND ASSOCIATED WORK, OF WATER BOTTLE FILLING STATIONS AT AUDUBON, BAYWOOD, BERESFORD, COLLEGE PARK, FIESTA GARDENS, LAUREL, NORTH SHOREVIEW, PARKSIDE AND BOWDITCH.

 

Financial Impact:
$46,886.00 - Funded by Measure T
Attachments:
2022-004 Delta Bay WBF
6.2.4. Water Bottle Filling Project #2022-005 – Delta Bay Construction Inc.
Rationale:

The District Wide Water Bottle Filling Project was selected as a Measure T Construction Project as part of the Facilities Master Plan for the New Decade in January 2021.

The amount of this contract exceeds the $45,000-dollar value that the Superintendent may approve under his delegation per Board Policy.  PCC Section 20111(a) threshold for material only purchase is $96,700, as of January 1, 2021. The District solicited quotes from multiple contractors.

Resolution No. 41/20-21, was approved by the Board on June 28th, 2021, which delegates authority to the Superintendent, Director of Facilities and Construction and the Chief Business Official, to accept bids and/or proposals, and to accept and award contracts for the Bond Program limited to the subject matters set forth in Public Contract Code section 20111 et seq., and subject to ratification by motion of the Board at a subsequent Board meeting.

The District recommends ratifying the contract in the amount of $48,995.00 to Delta Bay Construction Inc. for the installation, and associated work, of Water Bottle Filling stations at Brewer Island, George Hall, Highlands, Lead and Sunnybrae.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RATIFY THE CONTRACT WITH DELTA BAY CONSTRUCTION INC.FOR THE INSTALLATION, AND ASSOCIATED WORK, OF WATER BOTTLE FILLING STATIONS AT BREWER ISLAND, GEORGE HALL, HIGHLANDS, LEAD AND SUNNYBRAE.
Financial Impact:
$48,985.00 - Funded by Measure T
Attachments:
2022-005 Delta Bay WBF
6.2.5. Water Bottle Filling Project #2022-006 – Delta Bay Construction Inc.
Rationale:

The District Wide Water Bottle Filling Project was selected as a Measure T Construction Project as part of the Facilities Master Plan for the New Decade in January 2021.

The amount of this contract exceeds the $45,000-dollar value that the Superintendent may approve under his delegation per Board Policy.  PCC Section 20111(a) threshold for material only purchase is $96,700, as of January 1, 2021. The District solicited quotes from multiple contractors.

Resolution No. 41/20-21, was approved by the Board on June 28th, 2021, which delegates authority to the Superintendent, Director of Facilities and Construction and the Chief Business Official, to accept bids and/or proposals, and to accept and award contracts for the Bond Program limited to the subject matters set forth in Public Contract Code section 20111 et seq., and subject to ratification by motion of the Board at a subsequent Board meeting.

The District recommends ratifying the contract in the amount of $52,389.00 to Delta Bay Construction Inc. for the installation, and associated work, of Water Bottle Filling stations at Foster City ES, Meadow Heights, San Mateo Park, Bayside, Abbott and Borel.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RATIFY THE CONTRACT WITH DELTA BAY CONSTRUCTION INC. FOR THE INSTALLATION, AND ASSOCIATED WORK, OF WATER BOTTLE FILLING STATIONS AT FOSTER CITY ES, MEADOW HEIGHTS, SAN MATEO PARK, BAYSIDE, ABBOTT AND BOREL.
Financial Impact:
$52,389.00 - Funded by Measure T
Attachments:
2022-006 Delta Bay WBF
6.2.6. Annual Developer Fee Report
Rationale:

Government Code Sections 66001 and 66006 require the District to provide an annual report within 180 days of the end of the fiscal year and to make certain findings in conjunction with any portion of fees remaining unexpended for a period of five years. Based on a review of Fund 25, Capital Facilities Fund, there are no unexpended funds that would have been received five or more years ago.

The revenue and expenditures for the Developer fees and interest earned on the collected fees in Fund 25 will be presented.

In accordance with Section 66006 of the Government Code, the information in this report has been available for public review for a period fifteen (15) days prior to Board review.


 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON THE DEVELOPER FEE REPORT FOR 2020-2021.
Attachments:
Developer Fees Report PPT 100721
Public Hearing Developer Fees Report 100721
6.2.7. 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 100721
6.2.8. 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 100721
6.2.9. ST Math Curriculum/Student & Site Licenses
Rationale:
The District recommends the purchase of ST Math, a supplementary mathematics acceleration curriculum to supplement the core instructional materials, to support math intervention for struggling learners, and to extend math learning at home.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE PURCHASE OF ST MATH CURRICULUM/STUDENT AND SITE LICENSES.
Financial Impact:
$173,000 Lottery Funds
Attachments:
STMath 2021-2022 Quote
6.3. HUMAN RESOURCES
6.3.1. Personnel Report: New Hires and Assignment Changes
Rationale:
The Human Resources Department has received and processed all necessary documents for personnel action.
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT THE ASSIGNMENTS NOTED FOR THE INDIVIDUALS LISTED.

Financial Impact:

None – Expenditure provided for in the 2021-2022 budget.  

Attachments:
Personnel Report: New Hires and Assignment Changes
6.3.2. Personnel Report: Resignations, Releases, and/or Retirements
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 THAT THE BOARD OF TRUSTEES ACCEPT INFORMATION REGARDING RESIGNATIONS, RELEASES AND/OR RETIREES.  

 


Financial Impact:

None – Replacement will be employed to fill vacated positions. 

 

Attachments:
Board Resignation, releases and or retirees
7. EDUCATION SERVICES
7.1. Resolution No. 09/21-22 Public Hearing - Sufficiency of Instructional Materials (v)
Rationale:

Williams vs. State of California and Education Code Section 60119 require school districts to annually hold a public hearing regarding the appropriation of instructional materials throughout the District.  In particular, the Williams settlement requires that each student is in possession of a standards-based textbook in each of the four core academic areas of Language Arts, Math, Science and Social Science for use in the classroom and to take home.  (This requirement does not equate to two copies.)  All English Learners will have required English Language Development textbooks.  Abbott Middle School, The Bayside Academy, Borel Middle School, Bowditch Middle School, Audubon, Baywood, Beach Park, Beresford, Brewer Island, College Park, Fiesta Gardens International, Foster City, Highlands, George Hall, Laurel, LEAD, Meadow Heights, North Shoreview Montessori, Parkside Montessori, San Mateo Park and Sunnybrae Elementary Schools do have sufficient textbooks for all students in each of the content areas of Language Arts, Math, Science and Social Science.  All English Learners do have required English Language Development textbooks.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES HOLD A PUBLIC HEARING TO RECEIVE COMMENTS REGARDING THE SUFFICIENCY OF PUPIL TEXTBOOKS AND INSTRUCTIONAL MATERIALS AT ABBOTT MIDDLE SCHOOL, THE BAYSIDE ACADEMY, BOREL MIDDLE SCHOOL, BOWDITCH MIDDLE SCHOOL, AUDUBON, BAYWOOD, BEACH PARK, BERESFORD, BREWER ISLAND, COLLEGE PARK, FIESTA GARDENS INTERNATIONAL, FOSTER CITY, GEORGE HALL, HIGHLANDS, LAUREL, LEAD, MEADOW HEIGHTS, NORTH SHOREVIEW MONTESSORI, PARKSIDE MONTESSORI, SAN MATEO PARK, AND SUNNYBRAE ELEMENTARY SCHOOLS AND APPROVE RESOLUTION NO. 09/21-22 FOR THE SUFFICIENCY OF TEXTBOOKS AVAILABLE TO STUDENTS AS REQUIRED BY WILLIAMS VS. STATE OF CALIFORNIA.

Attachments:
Notice of Public Hearing 10-7-21 Sufficiency of Instructional Materials
Resolution for Sufficiency of Instructional Materials 21-22
8. BUSINESS/FINANCE
8.1. Discussion of Project Labor Agreements and First Review of Draft Project Labor Agreement
Rationale:

At the September 23, 2021 meeting of the Board of Trustees, the administration presented on school construction methods. During deliberation, the Board of Trustees directed staff to pursue more information on project labor agreements and determine how they were implemented in other local/regional jurisdictions.

The District may consider entering into a Project Labor Agreement for projects associated with Measure T. 

The District received a draft of a Project Labor Agreement from the San Mateo County Central Labor Council on September 30, 2021 which is included in this presentation.

 
Recommended Motion:
It is the recommendation of the Superintendent that the Board of Trustees receive the draft agreement as an information item.  The District will proceed with evaluating the draft that it has received, and intends to bring the Board a draft for their consideration for approval at a subsequent Board meeting.  
Attachments:
Draft Project Labor Agreement
9. HUMAN RESOURCES
9.1. Grand Jury Report entitled "Building a Racially & Ethnically Diverse Teaching Workforce: A Challenge for Our School"
Rationale:

In its 2020-2021 report, the Grand Jury found that the ethnic diversity of teachers does not closely
mirror that of their students in San Mateo County and that school districts invest varying degrees of
effort into the process of recruiting a diverse teaching pool. While some rely on traditional strategies,
others have found creative solutions to increase diversity in the teaching workforce. Although school
district superintendents and human resource personnel in San Mateo County agree with the research that
students of color benefit from having educators who look like 2020-21 and districts support diversity,
they are not always certain how to find and attract teachers of color.


The Grand Jury recommends that each school district should commit to teacher diversity in its strategic plan, goals or objectives, using the strategic plan developed by the San Mateo County Office of Education as a guide. These aspirational documents should be publicly and prominently displayed on their websites.


Attached for the Board’s approval is a response to the Grand Jury’s findings and recommendations. The District will implement the recommendation to include a commitment to teacher diversity in the strategic plan by June 30, 2022.


 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE RESPONSE TO THE GRAND JURY’S FINDINGS AND RECOMMENDATIONS AS PRESENTED.
Attachments:
Response to 20-21 Grand Jury Report
San Mateo County Grand Jury Report 2020-2021
10. SUPERINTENDENT SERVICES/BOARD
10.1. Approval of proposed SMFC Agenda Builder- Governance Calendar
Speaker:
Diego Ochoa, Superintendent
Rationale:
Administration recommends that the Board of Trustees adopt the attached SMFC Agenda Builder- Governance Calendar. As a school district responsible for the education of nearly 11,000 students, it is imperative that effective governance exist. The establishment of a document such as this will result in broad community awareness of the manner in which administration provides reports to the Board of Trustees. Establishing this calendar will result in clarity related to the district's academic, social, fiscal, and human resources goals.
 
Recommended Motion:
Administration recommends that the Board of Trustees approve the proposed SMFC Agenda Builder- Governance Calendar.
Attachments:
SMFC Agenda Builder- Governance Calendar
10.2. Review of SMFC School Board School Visitation Dates
Speaker:
Diego Ochoa, Superintendent
Rationale:
The San Mateo-Foster City School District Board of Trustees will hold special meetings to facilitate visits to school campuses. These special meetings will be agendized according to the process used for all special meetings. Any documents created in advance of these meetings will be available online for the public to review in advance.
 
Recommended Motion:
Administration recommends that the Board review and discuss this item.
Attachments:
School Visitations
11. BOARD MEMBER STATEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
12. FUTURE MEETING DATES
Rationale:

October 21, 2021

November 4, 2021

 
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: October 1, 2021, 4:12 PM

The resubmit was successful.