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CLOSED SESSION/REGULAR MEETING~BOARD OF TRUSTEES
San Mateo-Foster City SD
January 27, 2022 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/89099769779 - Zoom ID: 89099769779 Regular Board Meeting - 6:30 pm https://smfcsd-net.zoom.us/j/86715057603 - Zoom ID: 86715057603 iPhone one-tap US:+16699009128,,86715057603#

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. Government Code 54957 - Public Employee Discipline/Dismissal/Release (District Reorganization)
2.2. GOVT. CODE § 54957.6 – Conference with Labor Negotiator– District Representative: Diego R. Ochoa, Superintendent
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 27, 2022 (v)
3.5. Approval of Minutes: December 16, 2021 and January 13, 2022 (v)
Attachments:
Board Meeting Minutes - December 16, 2021
Board Meeting Minutes - January 13, 2022
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. SMETA/CSEA/SMEAA Updates
4.5. Announcements
4.6. Superintendent Report
5. PROPOSED CONSENT AGENDA (v)
5.1. SUPERINTENDENT SERVICES/BOARD
5.1.1. Approval of Resolution No. 10/21-22 Continuing Board of Trustees Authority to Hold Virtual Meetings As Needed Pursuant to AB 361 [Gov’t. Code section 54953]
Rationale:

The Brown Act requires that all meetings of a legislative body of a local agency be open and public. These meetings must ensure that all persons be permitted to attend and participate. The act specifies timelines for posting an agenda and providing the ability of the public to directly address the legislative body on any item of interest to the public. The act requires meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances. Executive Order No. N-29-20 suspends the Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. As provided by AB 361 language.

AB 361 until January 1, 2024, authorizes our district to use teleconferencing when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

 
Recommended Motion:

ADMINISTRATION RECOMMENDS THAT THE BOARD APPROVE RESOLUTION NO. 10/21-22 CONTINUING BOARD OF TRUSTEES AUTHORITY TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361.

Attachments:
Resolution No102122 - 01-27-2022
5.2. STUDENT SERVICES
5.2.1. Ratification of 2021 – 2022 Non Public School (NPS) Contract
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 are not able to be provided through District Programs, the District contracts with a Non-Public School (NPS) for those services.  Listed contracts are for the 2021-2022 school year 
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NON-PUBLIC SCHOOL (NPS) CONTRACT IN THE AMOUNT OF $45,464

Financial Impact:

$45,464.00

Attachments:
NPS Contract Summary for 1.27.2022 Board Meeting
5.2.2. Ratification of 2021 – 2022 Non Public Agency (NPA) Employee Contracts
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.  Listed Agency Employee Contracts are for the 2021-2022 school year
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NON-PUBLIC AGENCY (NPA) EMPLOYEE CONTRACTS IN THE AMOUNT OF $101,710

Financial Impact:

$101,710.00

Attachments:
Ratification of NPA contract for 2021-22 Board Meeting 1/27/2022
5.3. BUSINESS/FINANCE
5.3.1. Multi-Sites HVAC Replacement Project - Special Inspections - Construction Testing Services Inc.
Rationale:

The District is required to obtain special testing services required by DSA. The District engaged the services of Construction Testing Services Inc. for the upcoming Multi-Sites HVAC Replacement Project.

Their role in the construction phase is the monitoring and inspection of the following: concrete, masonry, epoxy rebar/bolts, soils compaction and final affidavit.

The fee for their inspections for the Multi-Sites HVAC Replacement Project is a total of $65,659.00.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE PROPOSAL FROM CONSTRUCTION TESTING SERVICES INC. FOR SPECIAL INSPECTIONS FOR THE MULTI-SITES HVAC REPLACEMENT PROJECT.
Financial Impact:

$65,659.00 - Measure T Funding

Attachments:
Construction Services Inc Contract
5.3.2. George Hall New Multi-Purpose Building and Support Rooms Project- Special Inspections- Consolidated Engineering Laboratories
Rationale:

The District is required to obtain special testing services required by DSA. The District engaged the services of Consolidated Engineering Laboratories for the upcoming George Hall New Multi-Purpose Building and Support Rooms Project.

Their role in the construction phase is the monitoring and inspection of the following: concrete, masonry, structural steel, shearwall nailing, epoxy dowels and expansion anchors and final affidavit.

The fee for their inspections for the George Hall New Multi-Purpose Building and Support Rooms Project is a total of $54,000.00.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE PROPOSAL FROM  CONSOLIDATED ENGINEERING LABORATORIES FOR SPECIAL INSPECTIONS FOR THE GEORGE HALL MULTI-PURPOSE AND SUPPORT ROOMS PROJECT.
Financial Impact:
$54,000.00 - Measure X Fudning
Attachments:
Consolidated Engineering Contract 1.27.22
5.3.3. E-Rate Bid Evaluations - ISP Services
Rationale:

Every year, the District participates in the E-Rate program which provides discounts on Internet and Network Services specifically for schools and libraries.  Administered by Universal Service and Administrative Company (USAC) with Oversight by the Federal Communication Commission (FCC), the district receives a discount of approximately 50% on the cost of services.  E-Rate Program calculates discounts based on the percentage of students eligible for free and reduced lunches under the National School Lunch Program (NSLP).

The 2022-2023 Fiscal year contract includes the following services:

  •  RFP for Internet Service Provider Services

 

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE REQUEST FOR PROPOSAL (RFP) FOR ISP SERVICES.
Financial Impact:
Financial Impact will be known when proposals to the RFP's come in.
Attachments:
RFP No: 390-22A.5
5.3.4. Approval of Resolution No.19/21-22 - Disposal of Equipment
Rationale:

The Board of Trustees has the authority under the provisions of Education Code Sections 39520, 39521, 39522, and 39523 to dispose of tangible surplus property if it no longer meets the needs of the District. Board Policy 3270 adopted June 5, 2014 describes the appropriate process for surplus and disposal of said property.  

The following property will be declared surplus to the needs of the District as it is inadvisable to repair and/or is obsolete: 

  • DO--Technology Department -- Chromebooks.
 
Recommended Motion:

IT IS RECOMMENDED THE BOARD OF TRUSTEES APPROVE RESOLUTION NO. 19/21-22 AUTHORIZING CERTAIN PROPERTY SURPLUS AND AUTHORIZING THE DISTRICT TO DISPOSE OF IT IN ACCORDANCE WITH BOARD POLICY 3270.

Attachments:
Resolution No. 19 21-22 - Surplus 012722
Surplus Form 012722
5.3.5. 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 012122
5.3.6. 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 012722-1
5.3.7. 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 011922
5.4. HUMAN RESOURCES
5.4.1. 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 Item-Resignations/Retirements
5.4.2. 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: New Hires and Assignment Changes 1/27/22
6. STUDENT SERVICES
6.1. Special Education Update
Speaker:
Heather Morgan, Director of Special Education
Rationale:
This presentation will provide the Board of Trustees with program, fiscal, and staffing updates and implications for the Special Education Department .  Program updates will include Information about plans for inclusion, professional development, behavior support, and equity for dual-identified students.
 
Attachments:
Jan_27 SPED Update 2022
7. HUMAN RESOURCES
7.1. Public Hearing on San Mateo Elementary Teachers Association (SMETA) Initial Proposal for 2022-2025 Successor Negotiations with San Mateo-Foster City School District (SMFCSD)
Rationale:
Per Government Code 3547, meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer. After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, accept SMETA’s initial proposal. 
 
Recommended Motion:
 It is recommended that the Board of Trustees conduct a public hearing to receive comments regarding SMETA’s initial proposal for the 2022-2025 successor negotiations with SMFCSD. 



Financial Impact:
Unknown at this time
Attachments:
Public Hearing SMETA Initial Proposal for 2022-25 Success Negotiations or Agreement
7.2. San Mateo Elementary Teachers Association (SMETA) Initial Proposal for the 2022-2025 Successor Negotiations with the San Mateo-Foster City School District
Rationale:
Per Government Code 3547, all initial contract proposals of the Board and an Employee organization that relate to matters within the scope of representation, shall be presented at a public meeting and recorded as part of the public records. 
                                     
Attached and presented to the Board is the SMETA initial proposal for the 2022-2025 successor negotiations that include conceptual proposals for select articles.

 
Recommended Motion:
It is recommended that the Board of Trustees receive SMETA’s initial proposal for the 2022-2025  
successor negotiations with the District for information.

Financial Impact:
Unknown at this time
Attachments:
SMETA Initial Proposal for the 2022-2025 Successor Negotiations
7.3. Public Hearing on San Mateo-Foster City School District (SMFCSD) Initial Proposal for the 2022-2025 Successor Negotiations with San Mateo Elementary Teachers Association (SMETA)
Rationale:
Per Government Code 3547, meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer. After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal. 
 
Recommended Motion:
It is recommended that the Board of Trustees conduct a public hearing to receive comments regarding the District’s initial proposal for the 2022-2025 successor negotiations with SMETA. 

Financial Impact:
Unknown at this time
Attachments:
Notice Public Hearing-District Initial Proposal for 2022-2025 Successor Negotiations
7.4. San Mateo-Foster City School District Initial Proposal for the 2022-2025 Successor Negotiations with San Mateo Elementary Teachers Association (SMETA)
Rationale:
 Per Government Code 3547, all initial contract proposals of the Board and an Employee organization that relate to matters within the scope of representation, shall be presented at a public meeting and recorded as part of the public records. 
                           
Attached and presented to the Board is the District’s initial proposal for the 2022-2025 successor negotiations with SMETA that include conceptual proposals for select articles.


 
Recommended Motion:
It is recommended that the Board of Trustees approve the District’s initial proposal for the 2022-2025 successor negotiations with SMETA.



Financial Impact:
Unknown at this time
Attachments:
District Initial Proposal for 2022-2025 Successor Negotiations
8. BOARD MEMBER STATEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
9. FUTURE MEETING DATES Regular Board Meetings February 10 & 24 Special Board Meeting February 1, 2022: Online Strategic Planning Board Goal Setting February 22, 2022: School visits to George Hall & Lead
10. ADJOURNMENT
10.1. 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 21, 2022, 4:38 PM

The resubmit was successful.