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CLOSED SESSION/REGULAR MEETING~BOARD OF TRUSTEES
San Mateo-Foster City SD
April 28, 2022 6:30PM
Closed Session Begins at 5:00 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: 5:00 pm https://smfcsd-net.zoom.us/j/87206827010- Zoom ID: 87206827010 Regular Board Meeting - 6:30 pm https://smfcsd-net.zoom.us/j/87991886414- Zoom ID: 87991886414 iPhone one-tap US:+16699009128,,87991886414#

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 P.M.Was edited within 72 hours of the Meeting
2. RECESS TO CLOSED SESSION
2.1. GOVT. CODE § 54957 - PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
2.2. Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation pursuant to § 54956.9(b): 1 case
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: April 28, 2022 (v)
3.5. Approval of Minutes: April 14, 2022 (v)
Attachments:
Board Meeting Minutes - April 14, 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 RESOLUTON NO. 29/21-22 IN SUPPORT OF SEAMLESS TRANSIT PRINCIPLES
Rationale:
The San Mateo - Foster City School District affirms commitment to working collaboratively with State agencies, MTC, municipalities and other public agencies to develop a highly integrated regional transportation system that provides convenient, seamless, and affordable transit for customers. The Board of Trustees of the San Mateo - Foster City School District supports the Seamless Transit Principles listed in Attachment (A), and agrees to be publicly listed as a supporter.
 
Recommended Motion:
Administration recommends that the Board approve RESOLUTON NO. 29/21-22 IN SUPPORT OF SEAMLESS TRANSIT PRINCIPLES.
Attachments:
Resolution Seamless Transit
Seamless Transit Principles
5.2. STUDENT SERVICES
5.2.1. Ratification of 2021 – 2022 Non Public School (NPS) 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 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 $38,775.40

Financial Impact:
$38,775.40
Attachments:
Ratification of 2021-22 NPS Contract Summary for 4/28/2022
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 $154.180.00

Financial Impact:
$154,180.00
Attachments:
Ratification of 2021-22 NPA Employee Contracts Summary for 4/28/2022
5.2.3. Special Education Settlement Agreement
Rationale:

This Agreement is entered into by the Parties for the purpose of compromising and settling claims and issues related to Student’s special education during the 2020-21 school year. It does not constitute, nor shall it be construed as, an admission of liability for any purpose.  The District maintains that it offered Student an free appropriate public education (FAPE) in the 2021 IEP, consented to by parents in May 2021.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE SETTLEMENT AGREEMENT IN THE AMOUNT NOT TO EXCEED $13,550.00

Financial Impact:
$13,550.00
Attachments:
Settlement Summary for 4/28/2022 Board Meeting
5.3. BUSINESS/FINANCE
5.3.1. Bowditch Middle School - Measure T Projects - Vista Environmental Consulting, Inc.
Rationale:

On February 28, 2022, the District issued a contract for Vista Environmental Consulting, Inc. as a consultant to the School District for the Measure T Project at Bowditch Middle School Project, which included demolition or renovation to different buildings on campus, in the amount of $44,498.00 to perform an Asbestos, Lead and Universal Waste Surveys on all the existing buildings (with the exception of the portables).

The District, in working with Vista Environmental Consulting, Inc., encountered a District request to perform a point count of 73 wallboard and joint compound samples.  This additional testing will possibly reduce the fees during construction for waste disposal.    

The cost of Amendment No. 1 to the original contract is $7,300.00 (16% of the original contract).  

The new contract amount will be $51,798.00, which is within the Measure T Bowditch Middle School Project budget.       

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE AMENDMENT NO. 1 FOR VISTA ENVIRONMENTAL, INC. REGARDING THE DEMOLITION AND RENOVATION PROJECTS AT BOWDITCH MIDDLE SCHOOL.
Financial Impact:

$7,300

Measure T

Attachments:
Bowditch Middle School - Additional scope of work - Vista Environmental
Bowditch Middle School - Demolition and Renovation - Vista Environmental
5.3.2. Borel Middle School - New Gym & Classrooms - Increment 1 - Rodan Builders, Inc. Change Order #5
Rationale:

On February 21, 2019, the Board of Trustees approved the contract for Rodan Builders, Inc., as one of Measure X Projects for the Borel Middle School New Gym and Classrooms Increment #1 Project in the amount of $6,506,000.

The District, in working with Rodan Builders, Inc., encountered unforeseen conditions, District and Architects requests, necessary field changes, and corrections.

The cost of Change Order No. 5 to the original contract is $54,209.61 (0.83% of the original contract), funded by Measure X.  The total summary cost of Change Orders 1 through 5 is $444,599.06 (6.83% of the original contract).  The complete breakdown of Change Order #5, with all the related costs, is included in the attachments.     

The new contract amount will be $6,950,599.06, within the Borel Middle School New Gym and Classrooms Increment #1 Project budget.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE CHANGE ORDER NO. 5 FOR RODAN BUILDERS, INC., REGARDING THE BOREL MIDDLE SCHOOL NEW GYM AND CLASSROOMS INCREMENT 1 PROJECT.
Financial Impact:

$54,209.61

Measure X Funds

Attachments:
Change Order #5 - Borel MS New Gym and Classrooms - Rodan Builders, Inc.
5.3.3. LEAD Elementary School - New Multi-purpose Building - KGCS Inspections
Rationale:

On March 29, 2018, the Facilities Department published a Request for Qualifications (RFQ) for Inspector of Record (IOR) services as required by the Division of State Architect (DSA) for all approved DSA projects. No submittals for IOR services were received in response to the District's RFQ.  As a result, the Facilities Department contacted several inspectors and conducted interviews.  KGCS Inspection was chosen for the LEAD Elementary School Multipurpose Building Project, Increments 1 and 2.

The DSA requires one full time Class 1 DSA inspector for the LEAD Project for all both Increments, which is anticipated to last approximately 18 months. The inspector will be responsible for all aspects of construction inspections, special testing coordination and inspections, and all additional DSA required oversight on this project.

The fee for the full time inspector is based on 390 working days at a rate of $105/hr. for a total of $245,700.00.


 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE CONTRACT WITH KGCS INSPECTIONS REGARDING THE DSA LICENSED INSPECTOR OF RECORDS FOR THE LEAD ELEMENTARY SCHOOL MULTIPURPOSE BUILDING PROJECT.
Financial Impact:

$245,700 

Measure T

Attachments:
KGCS Inspections Proposal for LEAD ES MPR Building
LEAD IOR Contract
5.3.4. District Wide Heating Venting Air Conditioning Phase I Project- Znap Fly Amendment No.1
Rationale:

The District is working on Phase I of the Replacement of the HVAC Project (Heating Venting Air Conditioning). Znap Fly has been working with the District for testing of Hazardous Materials Services. The District has asked that Znap Fly will help with support for the construction phase of monitoring and observe the abatement part of this project.

Original contract amount $12,159.00, The cost for Amendment No.1 $50,000.00. 

The new contract amount for Znap Fly is not-to-exceed $62,159.00, which is within the Measure T Budget.

 
Recommended Motion:
IT IS RECOMMENCED THAT THE BOARD OF TRUSTEES APPROVE ZNAP FLY AMENDMENT NO.1 FOR THE HVAC REPLACEMENT PROJECT. 
Financial Impact:
$50,000.00 - Measure T Funding
Attachments:
Znap Fly Amendment No.1
5.3.5. Resolution No. 28/21-22 - School District Parcel Tax Rate
Rationale:

Since 1991, the District has benefited from a parcel tax (Measure B), to support small class sizes and maintain education programs. In November 2018, the voters passed a second parcel tax, Measure V, Excellence in Education, to preserve quality education by attracting and retaining qualified teachers and staff; provide outstanding academic programs, including reading, writing, math, science, technology, engineering; and support art, music and drama programs.

Both parcel tax measures provide for an annual cost of living adjustment and an automatic adjustment in the District’s Gann Appropriation Limit. The attached resolution provides the percentage rate adjustment for the next fiscal/tax year. The rate increase per the consumer price index (CPI) adjustment through December of the prior calendar year is 4.2%. Therefore, the following applies:

 • The Measure B 1991 Parcel Tax for 2021-2022 is $121.48, and will increase to $126.58 for 2022-2023 fiscal year.

 • The Measure V 2018 Parcel Tax for 2021-2022 is $311.55, and will increase to $324.64 for 2022-2023 fiscal year.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE RESOLUTION NO. 28/21-22 ESTABLISHING THE 2022-2023 RATE FOR THE DISTRICT’S PARCEL TAXES OF 1991 AND 2018, AUTHORIZING THE SAN MATEO COUNTY CONTROLLER TO PLACE SAID TAXES ON THE TAX ROLLS AND AUTHORIZING AN EQUIVALENT INCREASE IN THE DISTRICT’S GANN LIMIT.

Financial Impact:

General Fund: $610,000

Attachments:
Resolution 28 21-22 Parcel Tax Rate Adjustment
5.3.6. Facilities Use Rate Schedule for 2022-2023
Rationale:

On June 5, 2014, the Board of Trustees adopted Board Policy 1330 on the Use of School Facilities.  The Civic Center Act allows for school facilities to be used by the community during non-school hours and other times when the site is not being used for school related activities. If an individual or group wishes to reserve the use of a facility for a specific event, a Facility Use Permit is submitted.

Through Civic Permits, the District’s online registration system, facility use requests are then reviewed and accommodated as the District is able. Non-profit organizations pay the “Direct Cost Fee” and for profit organizations pay a “Fair Rental Fee.”  This process, and the revenue generated from the use of facilities, is a revenue enhancement for the District’s general fund and is shared with the sites whose facilities are being used.

The Facilities Use Fees Schedule is adjusted annually by the percentage change in the Consumer Price Index (CPI) to keep pace with inflation and the growing cost of letting facilities. The CPI for December 2021 is 4.2%.

The Facilities Use Fee Schedule for the fiscal year 2022-2023 reflects the following changes:

  • A CPI increase of 4.2% on Facilities Use Fees
  • A CPI increase of 4.2% on Custodial Fees. This rate increase will be adjusted if a negotiated salary increase is higher than 4.2% during the 2022-2023 school year. 
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE FACILITIES USE FEE SCHEDULE FOR THE 2022-2023 FISCAL YEAR.

Financial Impact:

Facilities use generates revenue for General Fund.

Attachments:
Facilities Use Fees 2022-2023
5.3.7. 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 042822
5.3.8. 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 042822
5.4. HUMAN RESOURCES
5.4.1. 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:
New Hires and Assignment Changes
5.4.2. 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:
Resignations, Releases and/or Retirees Personnel Item
6. SUPERINTENDENT SERVICES/BOARD
6.1. Approval of proposal to initiate relocation of College Park Elementary School and Fiesta Gardens International School effective August 2025.(v)Was edited within 72 hours of the Meeting
Speaker:
Diego R. Ochoa, Superintendent
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 A. Noguera and PAN Ltd. for program options for the new elementary school in North Central San Mateo.  The team from PAN Ltd. subsequently presented information gathered from stakeholder engagements and their recommendations related to the design of the new school with the Board at their June 10, 2021 meeting.

District administration began the process of determining how the new school in North Central San Mateo would be implemented. After thorough reviews of district data, student enrollment trends, demographic reports, and possible program size, the district determined that moving College Park Elementary School to the Fiesta Gardens International School campus was a highly practical option. In such an option, the program at Fiesta Gardens International School would transition to the North Central San Mateo campus with an agreement that the district would engage stakeholders in the process.  College Park Elementary School would transition to the current Fiesta Gardens site. In November 2021, Superintendent Ochoa presented the Board of Trustees with a proposal by PAN to lead our district in a school-design process for North Central San Mateo. The Board subsequently approved the administration's recommendation for PAN to provide Equity consultative services and support for community-based elementary school design for North Central San Mateo.

District administration presented this to the Board on March 10, 2024 for discussion. The item was brought back to the Board of Trustees on March 24, 2022 for further discussion and analysis. The Board of Trustees held a Special Meeting on Tuesday, April 26, 2022 to discuss further a draft proposal related to this item. Requested changes were made by mambers of the Board during the Special Meeting and those changes have been integrated into tonight's presentation.

 
Recommended Motion:
Administration recommends that the Board approve the proposal to initiate relocation of College Park Elementary School and Fiesta Gardens International School effective August 2025.
Attachments:
4.28.22 Updated NCSM School Relocation
NCSM presentation at 4.26 special meeting
6.2. Approval of Employment Contract for Diana L. Tavares as Assistant Superintendent of Human Resources (v)
Rationale:

Assistant Superintendents are employed pursuant to individual written employment contracts approved by the Board of Trustees.  The term of the employment is from July 1, 2022 through June 30, 2025.

Diana L. Tavares is being recommended to be employed by the District as the Assistant Superintendent of Human Resources beginning July 1, 2022 and ending June 30, 2025, at an annual salary of $223,351. Thereafter, the District will provide a 5% increase after completion of each two full years of service, to be applied in the beginning of the 3rd year or service.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE CONTRACT FOR EMPLOYMENT FOR DIANA L. TAVARES AS THE ASSISTANT SUPERINTENDENT OF STUDENT SERVICES.
Financial Impact:
The fiscal impact is $290,560.
Attachments:
SMFCSD Contract Tavares, Diana
7. EDUCATION SERVICES
7.1. 2022 Summer School Program Plan
Rationale:
District staff will present the plan for the 2022 summer school, serving General Education and Special Education students, and providing extended instruction in core academic content.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION REGARDING THE 2022 SUMMER SCHOOL PROGRAM PLAN.
Financial Impact:
AB86 ELO Funds
Attachments:
Summer School Presentation
8. HUMAN RESOURCES
8.1. Approval of Resolution No. 26/21-22 Certificated Employee Appreciation Week and Day of the Teacher (v)
Rationale:

May 1-7, 2022 has been declared Certificated Employee Appreciation Week and May 11, 2022 as Day of the Teacher.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ADOPT RESOLUTION NO. 26/21-22 HONORING THE DISTRICT’S CERTIFICATED EMPLOYEES AND DECLARING MAY 1-7, 2022 AS CERTIFICATED EMPLOYEE APPRECIATION WEEK AND MAY 11, 2022 AS DAY OF THE TEACHER.

Attachments:
Certificated Staff Appreciation Resolution
8.2. Approval of 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 emergency credentials and authorizations due to the possibility that the District will be unable to recruit and hire teachers in hard to fill positions.  The Declaration of Need for Fully Qualified Educators (attached) identifies specific areas of need such as CLAD, BCLAD, math, science and special education.  The Declaration of Need will allow the District to apply for waivers/emergency credentials to fill vacancies.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE DECLARATION OF NEED FOR FULLY QUALIFIED EDUCATORS FOR THE 2022-2023 SCHOOL YEAR.

Attachments:
Declaration of Need 2022-2023
9. BOARD MEMBER STATEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
10. FUTURE MEETING DATESWas edited within 72 hours of the Meeting
Rationale:

Regular Board Meetings:
May 12, 2022

May 26, 2022


Special Board Meetings:

May 3, 2022 - School Visitations

May 5, 2022 - Equity


 
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: April 22, 2022, 1:59 PM

The resubmit was successful.