• Name of Case: America Unites for Kids vs. Lyon (C.D. Ca. Sept., 2016), now on appeal to the U.S. Court of Appeals for the Ninth Circuit, America Unites for Kids v. Rousseau, No. 16-56390

• Agency Designated Representative: Dr. Ben Drati
• Employee Organizations: SMMCTA

It is recommended that the Board of Education approve the April 12, 2018, regular meeting agenda. 

It is recommended that the Board of Education approved the regular meeting minutes for March 15, 2018. 

It is recommended that the Board of Education approve the special meeting minutes from March 20, 2018.

Per Board directive, the Early Learning Pathway update is provided twice each school year. This second update of the year is intended to again inform the board of current activities and next steps in the Early Learning pathway.

None for this school year. For the 2018-2019 school year, staff reductions will lessen the financial impact Child Development Services has on the overall district budget.

Educational Services staff will present information about programming expectations for the 2018-2019 school year. In addition, staff will update the board on the plans for professional development days for all PK, TK and Kindergarten teachers in the district for the spring of 2018.

Staff anticipates that this item will require a total of 40 minutes, with 20 minutes for the staff report and 20 minutes for board member questions and comments.

It is recommended that the Board of Education enter into an agreement with the following Independent Contractors.  

• Contractor: Martha Ramirez-Oropeza
• Dates: 03/01/18-06/30/18
• Amount not to exceed: $6,000.00
• Description: Mural on Concrete Garden Courtyard
• Site: Edison Language Academy
• Funding: $5,000: 01-00021-0-11100-27000-5802-001-4010 (Stretch Grant); $1,000: 01-30100-0-11100-27000-5802-001-4010 (Title I) 

• Contractor: Louis Ng
• Dates: 03/22/18-06/08/18
• Amount not to exceed: $4,500.00
• Description: To film and record spring music concerts and produce DVDs and/or blue-ray discs.
• Site: Lincoln Middle School
• Funding: 01-90120-0-17110-10000-5802-012-4120(Lincoln MS Gift Music)

These contracts are included in the 2017-18 budget. 

It is recommended that the Board of Education approve/ratify the attached Requests for Absence on District Business (Conference and Travel) forms.

It is recommended that the Board of Education approve the special field trip(s) listed below for students for the 2017-2018 school year.

• School: Santa Monica High School
• Grade: 9^th-12^th
• # of Students: 15
• Destination: Irvine Marriott, Irvine, CA
• Dates: 04/21/8-04/22/18             
• Principal/Teacher: A.Shelton/N.Gonzalez
• Cost & Funding Source: $200.00 per student / Fundraising & parent donations
• Subject: Social Studies
• Purpose: Junior State of America (JSA) spring state convention

• School: Santa Monica High School
• Grade: 9^th-12^th
• # of Students: 5
• Destination: University of Colorado, Boulder, CO
• Dates: 04/18/18-04/22/18            
• Principal/Teacher: A.Shelton/I.Gaida
• Cost & Funding Source: $0 per student
• Subject: Science
• Purpose: National Ocean Sciences Bowl tournament

• School: Santa Monica High School
• Grade: 9^th-12^th
• # of Students: 25
• Destination: Pilgrim Pines Camp and Conference Center, Yucaipa, CA
• Dates: 04/10/18-04/22/18            
• Principal/Teacher: A.Shelton/J.Barron
• Cost & Funding Source: $125 per student / Donations & SMMEF discretionary
• Subject: Social Studies
• Purpose: Building Bridges leadership camp sponsored by CA Conference for Equity & Justice (CCEJ)           

No child will be denied due to financial hardship. 

It is recommended that the supplemental textbooks listed below be adopted for the Santa Monica-Malibu Unified School District.

In accordance with the Board of Education policy, the supplemental textbooks listed below have been on public display for the past two weeks in the Educational Services Department at 1630 17th Street, Santa Monica, CA 90404.

• It Ain’t So Awful Falafel, by Firoozah Dumas, for summer reading 2018 for all 6^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu).  Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Titanic: Voices from the Disaster, by Deborah Hopkinson, for summer reading 2018 for all 6^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• The Boy Who Harnessed the Wind: The Young Reader’s Edition, by William Kamkwamba, for summer reading 2018 for all 6^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Samurai Rising: The Epic Life of Minamoto Yoshitsui, by Pam Turner, for summer reading 2018 for all 6^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• The Night Gardener, by Jonathan Auxier, for summer reading 2018 for all 7^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• The Testing, by Joelle Charbonneau, for summer reading 2018 for all 7^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Michael Vey: The Prisoner of Cell 25, by Richard Paul Evans, for summer reading 2018 for all 7^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Under the Mesquite, by Guadalupe Garcia McCall, for summer reading 2018 for all 7^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• March: Book 1, by John Lewis & Andrew Aydin, Illustrated by Nate Powell, for summer reading 2018 for all 7^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Ink and Ashes, by Valeyn Maetani, for summer reading 2018 for all 7^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• This Land is Our Land: A History of American Immigration, by Linda Barrett Osborne, for summer reading 2018 for all 7^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Far From the Tree, by Robin Benway, for summer reading 2018 for all 8^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• The Drowned City: Hurricane Katrina & New Orleans, by Don Brown, for summer reading 2018 for all 8^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Watched, by Marina Budhos, for summer reading 2018 for all 8^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• All We Have left, by Wendy Mills, for summer reading 2018 for all 8^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Bone Gap, by Laura Ruby, for summer reading 2018 for all 8^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Salt to the Sea, by Ruta Sepetys, for summer reading 2018 for all 8^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian.
• Highly illogical Behavior, by John Corey Whaley, for summer reading 2018 for all 8^th grade students in all middle school sites (Lincoln, John Adams, SMASH and Malibu). Adoption requested by Amy Di Dario, Lincoln Middle School Librarian; Andrea Jarvis, John Adams Middle School Librarian; and Sarah Ryan Malibu High/Middle School Librarian. 

It is recommended that the Board of Education approve the attached Special Education contracts for fiscal year 2017/2018. 

According to the Education Code SEC.21 Section 56342, prior to recommending a new or continued placement in a non-public, non-sectarian school, the Individualized Education Program (IEP) Team must submit the proposed recommendation to the local governing board for its review and recommendation regarding the cost of such placement.

It is recommended that the Board of Education approve the attached Purchase Orders and Changed Purchase Orders from March 8, 2018, through March 21, 2018, for fiscal / 18.

It is recommended that the Board of Education accept, with gratitude, checks totaling

$3,305.39 presented to the Santa Monica-Malibu Unified School District.

It is further recommended that the Fiscal/Business Services Office, in accordance with Educational Code §42602, be authorized to increase the 2017-2018 income and appropriations by $3,305.39 as described on the attached listing.

This report details only cash gifts.  It includes all contributions made by individuals or companies and some of the contributions made by our PTA’s.  Contributions made by a PTA in the form of a commitment and then billed are reported in a different resource.  A final report that compiles all gift and PTA contributions is prepared and available annually.

COMMENT: The value of all non-cash gifts has been determined by the donors.

NOTE: The list of gifts is available on the District’s website, www.smmusd.org.

It is recommended that the Board consider and appoint Berenice Onofre with terms April 12, 2018 - June 30, 2019, to the Bond Oversight Committee.  

The Prop 39 – Citizens’ Bond Oversight Committee was established, as required by law, after the successful general obligation bond election known as Measure BB.  This bond measure, approved by voters on November 7, 2006, authorized the District to issue up to $268,000,000 of bonds in order to make facility improvement throughout the District.  The election was conducted under Proposition 39, therefore obligating the District to establish the oversight committee. 

Another successful general obligation bond election, known as Measure ES, was approved by the voters on November 5, 2012, authorizing the District to issue up to $385,000,000 of bonds to complete future Facility Improvements Project.  This election was also conducted under Proposition 39, therefore obligating the District to establish the oversight committee. 

At the February 21, 2013, Board of Education meeting, the Board established a combined committee that will serve the legal obligation created by the two bond elections. 

The purpose of the BOC is to inform the public concerning the expenditure of the bond proceeds.  The Committee shall engage in the following activities to carry out this purpose:

• Actively review and report on the proper expenditure of taxpayers’ money for school construction;
• Advise the public as to whether the school district is in compliance with the requirement of the measure;
• Convene to provide oversight for but not limited to:
  • Ensuring that bond revenues are expended only for the construction, reconstruction, rehabilitation or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities;
  • Ensuring that no funds are used for any teacher or administrative salaries or other school operating expenses.

Education Code 15278(a) is specific as to the number of committee members that should be appointed to the BOC and even more specific as related to the length of term and number of terms permitted.  Ed Code states that the Committee shall consist of at least seven (7) members to serve for a term of no more than three (3) years without compensation and for no more than two (2) consecutive terms.  The law continues to specify that the committee must include:

• One member who is active in a business organization representing the business community located within the school district;
• One member active in a senior citizens’ organization;
• One member who is the parent or guardian of a child enrolled in the school district;
• One member who is both a parent or guardian of a child enrolled in the school district and active in a parent-teacher organization;
• One member who is active in a bona-fide taxpayers’ organization; and
• Two members at large.

• Category: Parent
• # of Reps: 1
• Current Member: Jeffrey Rosenfeld
• Term Ends: 6/30/19

• Category: Parent active in PTA or site council
• # of Reps: 1
• Current Member: Lori Whitesell
• Term Ends: 6/30/18

• Category: Citizen active in a business organization
• # of Reps: 1
• Current Member: Gordon Lee
• Term Ends: 6/30/18

• Category: Citizen Active in a senior citizen organization
• # of Reps: 1
• Current Member: Katherine Reuter
• Term Ends: 6/30/21

• Category: Citizen Active in a bona-fide taxpayers association
• # of Reps: 1
• Current Member: Berenice Onofre
• Term Ends: 6/30/19

• Category: Members at large
• # of Reps: 2
• Current Member: Charlie Yen & Michael Dubin
• Term Ends: 6/30/19

It is recommended that the Board of Education approve an increase in bus pass fees.  

Due to increased transportation and fuel costs, it is necessary to increase bus pass fees for transporting general education students.  The last increase in bus pass fees occurred for the 2013-14 school year.  The agenda item attachment shows the adjustments recommended for 2018-19, 2019-20, and 2020-21, which reflects an approximate 2% increase each year.  

It is recommended that the Board of Education enter into an agreement with the following Independent Contractors for Measure BB & ES Projects.  

• Contractor: Stacy Miller Public Affairs, Inc.
• Dates: 4/1/18 – 7/31/18
• Account not to exceed: $26,000
• Description: Communication Consulting Services
• Site: Measure BB & Measure ES
• Funding: 83-90500-0-00000-85000-5802-050-2600 (25% BB); 86-90100-0-00000-85000-5802-050-2600 (75% ES)

These contracts are included in the 2017-2018 budget. 

It is recommended that the Board of Education award a contract for Bid #18.10.ES to Waisman Construction for Webster Elementary School – Drop-off and Parking Lot Reconfiguration Project in an amount not to exceed $3,207,665.00.

The District publicly bid the Drop-off and Parking Lot Reconfiguration Project, Bid #18.10.ES, on January 10, 2018. Legal advertisement of the notice inviting bids was published in The Daily Breeze and The Santa Monica Daily Press and ran on January 10, 2018 and January 17, 2018. Legal advertisement was published in Malibu Surfside News and ran on January 11, 2018.  The notice inviting bids was sent to 119 General Contractors that are on the SMMUSD Approved (Pre-Qualified) list, and to the required trade journals. Prequalification was required for all General Contractors submitting a bid.  A mandatory job walk was conducted on January 22, 2018 and 8 contractors attended. Bids were due on March 1, 2018. No bids were received.

On November 18, 2010, the District adopted Resolution No. 10-14 (Item No. A.29) and became subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA).  Pursuant to Public Contract Code section 22038(c) if no bids are received through the formal or informal procedure, the project may be performed by negotiated contract. Therefore, staff requested pricing from prequalified General Contractors as follows:

1. Erickson-Hall elected not to submit pricing due to current staffing levels and active project workload.
2. Waisman Construction submitted pricing totaling $3,207,665.00
3. McCarthy Building Companies submitted pricing totaling $3,315,401.00

Both bids include certain alternates, including sand backfill behind walls, concrete encasement of lighting conduit, and replacement of the entire upper field with sod.  For purposes of award, staff recommends inclusion of these alternates, with the knowledge that they may be removed from the scope of work during construction.  Staff reviewed the bids for responsiveness and negotiated the contract price with both firms that submitted pricing. Upon conclusion of negotiations, staff recommends award to Waisman Construction.

Funding Information

• Budgeted: Yes
• Fund: 83
• Source: Measure BB
• Account Number: 83-90905-0-00000-85000-6200-011-2600
• Budget Category: Construction Contract
  

When the agenda went to print on March 23, 2018, the vendor had not yet been selected; however, the missing information was included in the item on April 9, 2018.

It is recommended that the Board of Education award a contract for Bid #18.11.ES to The Nazerian Group for John Adams Middle School – Gym Floor Replacement Project in an amount not to exceed $977,123.00. 

The District publicly bid the Gym Floor Project, Bid #18.11.ES, on January 11, 2018. Legal advertisement of the notice inviting bids was published in The Daily Breeze and The Santa Monica Daily Press and ran on January 11, 2018 and January 18, 2018. The notice inviting bids was sent to 119 General Contractors that are on the SMMUSD Approved (Pre-Qualified) list, and to the required trade journals. Prequalification was required for all General Contractors submitting a bid.  A mandatory job walk was conducted on January 24, 2018 and 12 contractors attended. Bids were received and publicly opened on March 5, 2018. One bid was received as noted below:

1. The Nazerian Group $977,123.00

Staff reviewed the bid for responsiveness. The Notice of Intent to award was issued to The Nazerian Group on March 14, 2018. 

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: Measure ES
• Account Number: 85-90905-0-00000-85000-6200-011-2600
• Budget Category: Construction Contract
  

It is recommended that the Board of Education approve an agreement with Baker Electric for Districtwide - Prop 39 Design & Construction Services in an amount not to exceed $2,177,237.45.

The District publicly issued an RFQ/P for Prop 39 Energy Efficiency Design & Construction Services on November 16, 2017.  A mandatory pre-proposal meeting was held on December 7, 2017 and 10 contractors attended.  Submittals were due on January 16, 2018.  5 submittals were received as noted below:

1. Clear Blue Energy Corp.
2. Trane
3. Baker Electric
4. Balfour Beatty
5. IES

Submittals were reviewed for responsiveness and ranked based on the criteria outlined in the RFQ/P.  One submittal submitted by IES was found to be non-responsive and rejected.  The remaining four submittals were ranked and the District conducted interviews on March 6, 2018 with the top two ranked firms, Baker Electric and Balfour Beatty.  Upon completion of the interviews the interview panel recommended Baker Electric be awarded the agreement.

It is recommended that the Board award Baker Electric an agreement in an amount not to exceed $2,177,237.45, which includes a District Contingency of $250,000.00.

Funding Information

• Budgeted: Yes
• Fund: Prop 39
• Source: Prop 39
• Account Number: 40-62300-0-00000-82000-5890-061-2602
• Budget Category: Prop 39 Energy Conservation  
  

It is recommended that the Board of Education approve Change Order #04 with A. J. Fistes Corporation for the Will Rogers Elementary School – Window, Paint, Floors & Doors Project in an amount of $130,668.52 for a total contract amount of $3,419,374.05 and 0 days of schedule impact.

On March 03, 2017 the Santa Monica Malibu Unified School District’s Board of Education awarded to A. J. Fistes Corporation the construction contract for the Will Rogers Elementary School – Window, Paint, Floors & Doors Project in the amount of $2,813,450.00.

Notice to proceed was given on May 17, 2017.

The changes for this Change Order #04 include: Fabricate window trim with Kynar coating on buildings P, M, N and L. Delete the 4 windows and 3 stucco panels at the north side of the Library building G. Provide clip anchorage at the window sills to buildings B, D, E, F, G, H, and J, per DSA approved CCD 01A. Provide new chain link gate and fence per the DSA approved plans and Specifications. Added plumbing work shown on P2.2 which was not available on bid documents to demo, remove and safe off 2 lavatories, 2 water closets and 2 mop sinks. Added T Bar / L Metal at drop ceilings in Library Building G per CCD 02A. Patching and painting of holes in hard lid ceilings in order to install new Fire Alarm devices above these ceilings. Paint the new Fire Alarm conduits installed by Simplex under a separate contract. Wayfinding striped lines and door swings that were covered with the new Sika Ramp Mortar resurfacing of the walkways in buildings E, F, G, H, J and Q. Fire Watch to cut over from the old Fire Alarm to the new Fire Alarm. Back charge for the disposal of the Abated windows for the Mock up, by NRC on 4/19 - 5/15/17.

This Change Order No. #04 is necessary to reimburse A. J. Fistes Corporation the added cost of Constructing Will Rogers Elementary School – Window, Paint, Floors & Doors Project contract.  Change Order No. #04 includes no increase to the contract time.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: Measure ES
• Account Number: 85-90905-0-00000-85000-5640-006-2600
• Budget Category: Hard Costs \ Construction Contracts
• DSA #: 03-117560

MEASURE ES FUNDING

• Original Contract: $2,813,450.00
• Change Order #01: $266,258.71
• Change Order #02: $117,039.81
• Change Order #03: $91,903.01
• Change Order #04: $130,668.52
• TOTAL CONTRACT AMOUNT: $3,419,374.05

It is recommended that the Board of Education award an agreement to Sandy Pringle Associates Inspection Consultants to provide inspection services for John Adams Middle School – Field Replacement Project & Gym Floor Replacement Project and Olympic High School – Window, Paint, Floors & Doors Project in an amount not to exceed $83,799.20.

The District issued an RFQ/RFP on March 02, 2018, for inspection services to 5 inspection services firms.  Responses were due March 09, 2018.

The District received five responses from:

1. Sandy Pringle Associates Inspection Consultants
2. Knowland Construction Services
3. Independent Construction Inspection
4. TYR, Inc.
5. Stephen Payte DSA Inspections Inc.

Staff reviewed the proposals and found that all 5 firms were qualified.  Staff reviewed the proposals and found that Sandy Pringle Associates Inspection Consultants was the most qualified to perform the inspection services of the issued RFQ/RFP at John Adams Middle School and Olympic High School School. It is recommended that Sandy Pringle Associates Inspection Consultants be awarded an agreement based on their qualifications and their pricing of $96.10/hour for an amount not to exceed $83,799.20.

Funding Information

• Budgeted: Yes
• Fund: 85-90905-0-00000-85000-5802-011-2600 (JAMS - $41,899.60); 85-90905-0-00000-85000-5802-014-2600 (Olympic HS - $41,899.60)
• Source: Measure ES
• Budget Category: Soft Costs / Testing & Inspection / Materials Lab

It is recommended that the Board of Education award an agreement to Knowland Construction Services to provide inspection services for Franklin Elementary School and McKinley Elementary School – Window, Paint, Floors & Doors Project in an amount not to exceed $196,000.00.

The District issued an RFQ/RFP on March 02, 2018 for inspection services to 5 inspection services firms.  Responses were due March 09, 2018.

The District received five responses from:

1. Knowland Construction Services
2. Independent Construction Inspection
3. Sandy Pringle Associates Inspection Consultants
4. TYR, Inc.
5. Stephen Payte DSA Inspections Inc.

Staff reviewed the proposals and found that all 5 firms were qualified.  Staff reviewed the proposals and found that Knowland Construction Services was the most qualified to perform the inspection services of the issued RFQ/RFP at Franklin Elementary School and McKinley Elementary School. It is recommended that Knowland Construction Services be awarded an agreement based on their qualifications and their pricing of $70.00/hour for an amount not to exceed $196,000.00. 

Funding Information

• Budgeted: Yes
• Fund: 85-90905-0-00000-85000-5802-002-2600 (Franklin ES - $98,000.00); 85-90905-0-00000-85000-5802-004-2600 (McKinley ES - $98,000.00)
• Source: Measure ES
• Budget Category: Soft Costs / Testing & Inspection / Materials Lab

It is recommended that the Board of Education award an Inspection Services Agreement to Independent Construction Inspection, Inc. to provide inspection services for Point Dume Elementary School - Window, Paint, Floors & Doors Project - Webster Elementary School – Drop-off and Parking Lot Reconfiguration Project in an amount not to exceed $65,088.00. 

The District issued an RFQ/RFP on March 02, 2018, for inspection services to 5 inspection services firms.  Responses were due March 09, 2018.

The District received five responses from:

1. Independent Construction Inspection
2. Knowland Construction Services
3. Sandy Pringle Associates Inspection Consultants
4. TYR, Inc.
5. Stephen Payte DSA Inspections Inc.

Staff reviewed the proposals and found that all 5 firms were qualified.  Staff reviewed the proposals and found that Independent Construction Inspection, Inc was the most qualified to perform the inspection services of the issued RFQ/RFP at Point Dume Elementary School and Webster Elementary School. It is recommended that Independent Construction Inspection, Inc be awarded an agreement based on their qualifications and their pricing of $72.00/hour for an amount not to exceed $65,088.00. 

Funding Information

• Budgeted: Yes
• Fund: 85-90905-0-00000-85000-5802-019-2600 (Point Dume  - $32,544.00 – Measure ES); 83-90905-0-00000-85000-5802-008-2600 (Webster ES - $32,544.00 Measure BB – Program Reserve Shortage)
• Source: Measure ES
• Budget Category: Soft Costs / Testing & Inspection / Materials Lab

It is recommended that the Board of Education award an agreement to MTGL Inc. to provide geotechnical services for Webster Elementary School – Drop-off and Parking Lot Reconfiguration Project in an amount not to exceed $19,217.00.

Under this contract, MTGL, Inc. will provide professional services as needed for soil and materials inspections as requested by the DSA inspector to fill requirements of the DSA Form 103.

The District obtained and evaluated proposals from three qualified consultants for this work. MTGL presented the lowest fee, and was determined to me the best value to the District.

Summary of the cost from various consulting firms:

• MTGL: $19,217
• Converse: $30,444
• Leighton: $71,173

Funding Information

• Budgeted: No
• Fund: 83
• Source: BB
• Account Number:  83-95000-0-00000-85000-5802-008-2600
• Budget Category: Environmental Tests/Geotechnical & Soils

MEASURE ES FUNDING:

• Original Contract: $19,217.00.

Funding for this agreement will be from Program Reserve Shortage.

It is recommended that the Board of Education approve Contract Amendment #04 with Ninyo & Moore for Olympic High School – Modernization Project and Window, Paint, Floors & Doors Project in an amount not to exceed $53,728 for a total contract amount of $221,715.

The monitoring and testing services will include verification of proper certification of workers, implementation of best practices, air testing, laboratory services and similar services required to insure the safety of the students and staff at the project site. The consultant shall also insure that all work, transportation and disposal of hazardous materials is done in compliance with state and federal regulations. Ninyo & Moore is recommended to perform additional environmental consulting services in support of Modernization Project and WPD & HVAC Project.

Funding Information

• Budgeted: No/Yes
• Fund: 83 & 85
• Source: Measure BB & ES
• Account Number: 83-90500-0-00000-85000-5802-014-2600 (BB - $23,512.00); 85-90905-0-00000-85000-5802-014-2600 (ES - $30,216.00)
• Budget Category: Soft Costs/Materials Lab

MEASURE BB&ES FUNDING:

• ORIGINAL CONTRACT AMOUNT - Olympic – Inspection Services: $55,583
• CONTRACT AMENDMENT #1 - Olympic – Removal Monitoring Services: $72,552
• CONTRACT AMENDMENT #2 - Olympic – Removal Monitoring Services: $31,370
• CONTRACT AMENDMENT #3 - Olympic – Removal Monitoring Services: $8,482
• CONTRACT AMENDMENT #4 - Olympic – Removal Monitoring Services: $53,728
• TOTAL CONTRACT AMOUNT: $221,715

Measure BB portion will be funded from Program Reserve Shortage.

It is recommended that the Board of Education approve Contract Amendment #23 with Alta Environmental to conduct Monitoring and Air Sampling Services for Franklin Elementary School and Floor Sampling & Work Plan Services for Point Dume Elementary School – Window, Paint, Floors & Doors Project, in an amount not to exceed $146,928.50, for a total contract amount of $1,528,278.68.

ALTA Environmental has been requested to provide ACM, LBP and PCBs monitoring and air sampling services for the WFP projects at both Franklin ES and Point Dume ES and also provide floor sampling and work plan services of suspect materials for PCBs at Point Dume ES.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: ES
• Account Number: 85-90905-0-00000-85000-5802-002-2600 – (Franklin ES - Monitoring - $84,110.00); 85-90905-0-00000-85000-5802-019-2600 – (Point Dume ES – Floor sampling & Monitoring $62,818.50)
• Budget Category: Soft Costs/Environmental Testing/Hazmat Monitoring

MEASURE ES & BB FUNDING:

• ORIGINAL CONTRACT - Juan Cabrillo ES, Grant ES & Will Rogers ES: $96,492.45
• CA #01 - Juan Cabrillo ES Project – WPF&D: $893.30
• CA #02 - Various Schools – WPF&D: $50,000.00
• CA #03 - Grant ES – Windows Project – WPF&D: $12,648.80
• CA #04 - Webster, Roosevelt – WPF&D: $6,882.34
• CA #05 - WRES, WES, & RES & Malibu HS–WPF&D: $79,329.00
• CA #06 - GES, MMH FIG&D, RES, WES & WRES–WPF&D: $335,861.87
• CA #07 - SAMOHI – Ph.1 & Ph.2: $9,086.90
• CA #08 - Franklin & Pt. Dume – HVAC: $25,287.40
• CA #09 - Franklin & Pt. Dume – WFP: $25,287.40    Duplicate to CA#08
• CA #10 - LMS – Athletic Field: $40,673.00
• CA #11 - Samohi, Phase 1 & 2: $51,208.10
• CA #12 – Webster & Will Rogers WPFD: $27,443.90
• CA #13 – MMHS FIG&D WPFD: $7,169.95
• CA #14 – Building D WPFD ACM/A&L Abatement Plan & PCB Sampling: $14,875.80
• CA #15 – Building D WPFD Add Step-Out Sampling and Abatement Plan: $41,896.70
• CA #16 – Bldg ABC Demo Survey, Sampling, Abatement Plan & Monitoring (BB): $45,986.60
• CA #17 – FES, McKES, PDES & JAMS - ACM, LBP & PCBs survey & work plan: $156,364.90
• CA #18 – MMHS FIG&D, H & J WPFD – ACM, LBP & PCBs survey & work plan: $269,052.86
• CA #19 – Roosevelt ES – ACM ceiling survey & work plan: $2,223.96
• CA #20 – Samohi – Monitoring: $24,532.75
• CA #21 – Samohi – Abatement Survey: $33,439.60
• CA #22 – MMHS – Hazard.Mat.Consult.: $50,000.00
• CA #23 - Franklin & Pt. Dume – WFP and HVAC: $146,928.50
• TOTAL CONTRACT AMOUNT: $1,528,278.68

It is recommended that the Board of Education award an agreement to Big Blue Bus for the Blue-to-Business transit pass program for Santa Monica High School – Samohi Campus Plan in an amount not to exceed $11,750.00, for a total contract amount of $11,750.00.

It is recommended that the Board of Education approve the agreement between the City of Santa Monica Big Blue Bus transit operator and the District to join the Blue-to-Business transit pass program for Santa Monica High School employees. The Santa Monica Big Blue Bus (BBB) is a municipal bus operator that provides extensive local and rapid transit services in Santa Monica and adjacent neighborhoods of Los Angeles. 

The Blue-to-Business program is an annual pass transit program that provides unlimited rides on any Big Blue Bus (BBB) at any time for employees at a discounted rate for employers. This program will supply annual passes available to all new and existing employees to be used for commuting to and from work. The goal of this program is to reduce single occupancy vehicle (SOV) trips by employees and limit air pollution, traffic congestion and parking constraints in compliance with the District’s Transportation Demand Management Plan.

This program is a priority of the district’s Transportation Demand Management Plan (TDM), which is mandated by South Coast Air Quality Management District and the City of Santa Monica. To comply with both agencies and reduce air pollution and emissions from employee commutes, SMMUSD appointed Steer Davies Gleave to develop the TDM action plan, completed February, 2018. The TDM action plan is a tool to reduce single occupancy vehicle trips and encourage employees to use sustainable commute habits through a variety of measures. The Blue-to-Business program is priority strategy due to the extensive route network around Santa Monica HS. There are five stops located on the perimeter of the campus servicing eight routes that connect to the greater Los Angeles region with convenient access to Metro lines and the Expo Light Rail.

The District is in full compliance with SCAQMD rule 2202 and the City of Santa Monica Transportation Demand Management Ordinance to reduce single occupancy vehicle trips by employees. The total fixed price for the agreement is $11,750.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: ES
• Account Number: 85-90904-0-00000-85000-5890-015-2600                         
• Budget Category: Transit Pass Program

MEASURE ES & BB FUNDING:

• ORIGINAL CONTRACT: 11,750.00

It is recommended that the Board of Education approve an Agreement with Placeworks to provide CEQA Consulting services for preparation of an addendum to the Environmental Impact Report, Mitigation Monitoring and Reporting Program, Findings, Statement of Overriding Considerations and associated activities pursuant to the California Environmental Quality Act (“CEQA”). 

The work is to produce an addendum to the 2011 Santa Monica High School Science and Technology Building and Site Improvement EIR, in an amount not to exceed $19,954.00.

Placeworks will provide technical support to the District for the amendment of the 2011 Environmental Impact Report, which did not account for the removal of additional dirt during the grading operation to allow for the relocation of utilities. These utilities are an integral part of the demolition project and need to be removed to allow for the continuing function of the campus after demolition.

Scope Summary:

• Prepare an amendment to the 2011 Santa Monica High School Science and Technology
• Building and Site Improvement EIR 

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: Measure ES
• Account Number: 85-90904-0-00000-85000-5802-015-2600
• Budget Category: Soft Costs\CEQA Consultant Service

MEASURE ES FUNDING:

• Original Contract Amount: $19,954
• TOTAL CONTRACT AMOUNT: $19,954

It is recommended that the Board of Education award an agreement to Cumming Corporation to provide Solar Consulting Services for Edison Language Academy, John Adams Middle School and Santa Monica High School – Solar 1 Projects in an amount not to exceed $55,660.

The District requested a proposal from Cumming Corporation on February 26, 2018, for Solar Consulting services for the Solar 1 Projects at Edison Language Academy, John Adams Middle School and Santa Monica High School. The services include procurement, contract negotiation, design, construction oversight and project close-out.  Cumming submitted a response on March 2, 2018.  

John Adams, Edison and Innovation building at Santa Monica High School were made equipped for solar infrastructure through Measure BB Bond construction. The District is now ready to create an RFP for the solar PV design and installation for all three sites. Cumming with preform energy modeling, financial analysis and equipment review to ensure the district contracts with a qualified firm able to fulfill solar energy production requirements. Cumming will also provide technical support during construction and installation.

Staff reviewed the proposal and determined that Cumming is qualified. It is recommended that Cumming Corporation be awarded an agreement based on pricing and qualifications in an amount not to exceed $55,660.

Funding Information

• Budgeted: Yes
• Fund: 86
• Source: Measure ES
• Account Number: 86-90911-0-00000-85000-5802-XXX-2600
• Budget Category: Professional Services
  

It is recommended that the Board of Education approve issuance of Amendment #02 of Project Assignment #01 with NAC Architecture for additional architectural and engineering services at John Adams Middle School – HVAC Project in an amount not to exceed $109,497.00 for a total agreement amount of $960,085.00.

This contract amendment is for additional architectural and engineering services for the design of a new fire alarm system.  In order to provide HVAC for the John Adams Middle School site, the Division of State Architect (DSA) has required that a new updated fire alarm be installed throughout the site.  This additional work was not previously anticipated.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: Measure ES
• Account Number: 85-90906-0-00000-85000-5802-011-2600
• Budget Category: Design/Architects

MEASURE ES:

• Project Assignment #1: $758,501.00
• Amendment #01:$  92,087.00
• Amendment #02:$109,497.00                              
• Total Project Assignment Amount: $960,085.00

It is recommended that the Board of Education accept as completed all work contracted for the indicated Purchase Orders.

A Notice of Completion must be recorded for Purchase Orders over $25,000 and within thirty-five (35) days with the County of Los Angeles pending approval by the Board of Education.

• School: Franklin Elementary School
• Project: HVAC Project
• Funding: Measure ES
• Vendor Name: Acco Engineered Systems, Inc.
• PO Number: 183394
• Amount: $35,904.00
• Substantial Completion Date: 12/28/17

• School: Olympic High School
• Project: HVAC Project
• Funding: Measure ES
• Vendor Name: Acco Engineered Systems, Inc.
• PO Number: 183395
• Amount: $38,591.00
• Substantial Completion Date: 1/2/18

• School: Grant Elementary School
• Project: HVAC Project
• Funding: Measure ES
• Vendor Name: Acco Engineered Systems, Inc.
• PO Number: 183396
• Amount: $22,813.00
• Substantial Completion Date: 1/15/18

• School: Webster Elementary School
• Project: HVAC Project
• Funding: Measure ES
• Vendor Name: Acco Engineered Systems, Inc.
• PO Number: 183397
• Amount: $44,609.00
• Substantial Completion Date: 1/3/18

It is recommended that the Board of Education approve Contract Amendment #07 with Converse Consultants to provide additional geotechnical services for John Adams Middle School – Performing Arts Complex Project in an amount not to exceed $3,444.20 for a total contract amount of $173,921.00.

Converse Consultants were awarded the agreement to prepare a Phase I Environmental Site Assessment (EAS) for John Adams Middle School on May 18, 2017. This contract amendment covers additional soils sampling based upon findings from the latest soils tests for the Phase II Assessment required to comply with CEQA.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: ES
• Account Number: 85-90907-0-00000-85000-5802-011-2600
• Budget Category: Environmental Tests/Geotechnical & Soils

MEASURE ES FUNDING:

• Original Contract – Cabrillo ES: $14,560.00
• CA#01 – LMS, Field & Track: $12,050.00
• CA#02 – LMS, Field & Track: $8,995.00
• CA#03 – Roosevelt & Webster, WPFD: $74,880.00
• CA#04 – JAMS, PAC: $15,190.00
• CA#04A – Rogers WPFD: $34,890.00
• CA#05 – JAMS, PAC: $3,460.00
• CA#06 – JAMS, PAC: $6,451.80
• CA#07 – JAMS, PAC: $3,444.20
• Total Contract: $173,921.00

It is recommended that the Board of Education (“Board”) adopt Resolution No. 17-33 - determining the replacement of a 5,701-square foot building with grass landscaping and recoating the existing parking lot (“Proposed Project”) located at 1515 Maple Street, Santa Monica, California 90405 (“Property”), which is owned by the District, are categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”), approving the Proposed Project, and directing the filing of a Notice of Exemption with the County Clerk.

The Santa Monica – Malibu Unified School District (“District”) developed the Proposed Project which includes the replacement of an approximately 5,701-square foot building with grass landscaping and recoating the parking lot located on the Property.  The District has not formulated additional development plans for the Property.

The District determined, through its own independent review and analysis that the Proposed Project meets the definitions of the Class 1 Existing Facilities Categorical Exemption (CEQA Guidelines, § 15301) and Class 4 Minor Alterations to Land Categorical Exemption (id. § 15304).  The Proposed Project is therefore exempt from further CEQA review, as set forth in the Resolution.  There are no indications that any unusual circumstances exist that that would except the Project from these Categorical Exemptions.

Once determined to be exempt, a project is no longer subject to either the procedural or substantive requirements of CEQA and the project may proceed.  Thus, CEQA review would be complete should the Board determine that the Proposed Project is categorically exempt and approve the Proposed Project.

Should the Board adopt the Resolution, the Proposed Project will be finally approved, and District staff will file a Notice of Exemption with the Los Angeles County Clerk.

It is recommended that the Board of Education approve the attached certificated appointments, separations and assignments.

Unless otherwise noted, all items are included in the 2017-2018 approved budget.

It is recommended that the attached appointments for Classified Personnel (Merit) be approved and/or ratified.  

All personnel will be properly elected in accordance with District policies and salary schedules.

It is recommended that the attached assignments be approved and/or ratified for Classified Personnel (Non-Merit).  

All personnel assigned will be properly elected on a temporary basis to be used as needed in accordance with District policies and salary schedules.

It is recommended that the Board of Education approve an increase in FTEs for an additional Sr. Buyer position (1.0 FTE), due to additional purchasing work needed for District construction projects.

Annual salary and benefits for this position is $94,888.  

Funding is as follows: 

• BB Bond - 12.5%
• ES Bond - 37.5%
• Purchasing - 50%

These budgets will be adjusted a total of $23,722 for salary and benefits for the remainder of the 2017-2018 school year.

It is recommended that the Board of Education revise BP 6158 - Independent Study.

The policy has been updated to reflect new law (SB 858), which changes the maximum length of the written master agreement and mandates policy with specified components as a condition of offering a program of course-based independent study beginning in the 2015-16 school year. The policy also adds material on the variety of independent study formats that may be offered, deletes recommendation for weekly student-teacher conference in order to be more flexible, and expands material on program evaluation to include comparison of student performance data of independent study students with students in classroom-based instruction.

These changes were discussed at the February 15, 2018, board meeting, which was in Santa Monica, and at the March 15, 2018, board meeting, which was in Malibu. 

The corresponding AR and two Exhibits as well as the new AR 6158.1 can be found under Information in this agenda.

Time start: 7:47 p.m.   Time end: 8:31 p.m.  

Public Comments:

* Sherri Walker, Janet McKeithen, Robbie Jones, Joanne Berlin, Sidonie Smith, Jessica Walker, Waverly Nebedoom, Ann Thanawalla, and Bob Gordh addressed the board regarding the social justice standards.Board members will email Drs. Drati and Mora with what they would like addressed in staff’s next social justice standards update.

*Camille Hannant, Lorenzo de la Reyes, Lea Yamashiro, and Parker Lauer, members of Los Angeles Student Activist Coalition (LASAC), and Nikki Kolhoff, addressed the board regarding the planned walkout on April 20 to support gun control.The board suggested Dr. Drati work with site staff, students, and local law enforcement to ensure students remain safe.

The Facility Division seeks direction from the Board of Education on the next steps with facilities at Malibu High School. We are balancing modernization, PCB remediation, ES budget, potential bond, and future plans for the campus.

We have a plan to continue our modernization work of the pre-1979 buildings at Malibu High School (MHS) and Juan Cabrillo Elementary School (JCES) over this summer and through 2019. However more recently, there have been conversations, primarily stemming from the Malibu - Facilities Advisory Committee, regarding a potential replacement of all pre-1979 buildings at MHS. There is a desire to update and enhance the learning spaces to match 21^st century learning and to support the high school curriculum where the campus was originally designed to be a middle school. There is also a concern about the existence of PCBs used in construction between 1965 and 1979. It has been suggested that we suspend modernization activities while determine the appropriate direction.

We are under a court order to replace all pre-1979 window and door frames at Malibu High School (MHS) and Juan Cabrillo Elementary School (JCES) or to stop using those buildings by December 31, 2019. The court order is limited to caulking around windows and doors.

The buildings in question at this time include the main two-story (D), music (F), special education/shops (G), theater/kitchen (H), art (I), and old gym (J) buildings. This conversation does not concern the replacement of the library/admin (ABC) or the middle school (E) buildings.

Poly-Chlorinated Biphenyls (PCBs)

Since the fall of 2013, SMMUSD has been working to manage the existence of PCBs in school building materials. We have developed a working procedure for managing PCBs in window and door caulking during all construction projects. This procedure has been successful as we encounter new areas of concern. We will offer a short overview of our PCB progress to date and discuss upcoming projects.

We have encountered PCBs in building materials other than in window and door caulking. The primary concern are the newly discovered PCBs in the mastic (glue) used to install tile flooring. As part of the demolition of the Library (A) and Admin (B/C) buildings at Malibu High School, we encountered PCBs in the old flooring and mastic. This led us to sample the flooring in the main two-story building (Building D) at the school. We found PCBs over 50 ppm in both original flooring/mastic and in “newer” flooring. This lead us to inspect for PCBs in other flooring prior to modernization projects.

We are working with the US Environmental Protection Agency, Ramboll Corporations (previously Environ) and Alta Environmental to develop a work plan to manage the PCBs in flooring. This lead toward developing a standard PCBs in flooring procedure similar to the one we have for window and door caulking.

We are being highly protective of the health of students and staff. In addition to safe removal and abatement procedures, we have extensively sampled the inhalation and ingestion exposure pathways. All air and wipe samples are significantly below the health protective levels set by the EPA and the recognized scientific community.

Next Steps

We need to fully consider plans to replace the pre-1979 buildings. We might consider slowing the remediation efforts while develop plans to replace buildings and explore additional funding.

Achieving the health protective guidelines, the court order and governmental regulations is costing the District more primarily in Facility Improvement projects, but also in Maintenance and Operations. We are being more aggressive with identifying and removing PCBs than most other California school districts. This is seen on the project management side in increased fees by Alta Environmental, Ramboll Corporation, Pillsbury, all architects and construction contracts.

While we don’t want to place costs over student and staff health, we should be conscious of increasing costs beyond regulatory requirements and health protective guidelines.

Staff anticipates that this item will require a total of 60 minutes, with 20 minutes for the staff report and 40 minutes for board member questions/comments.

It is recommended that the Board of Education adopt Resolution No. 17-34 - Recognizing Week of the Young Child: April 16-20, 2018.

The Week of the Young Child is an annual celebration sponsored by the National Association for the Education of Young Children (NAEYC), the world's largest early childhood education association, with nearly 60,000 members and a network of 50 local, state, and regional Affiliates. The purpose of the Week of the Young Child is to focus public attention on the needs of young children and their families and to recognize the early childhood programs and services that meet those needs. NAEYC first established the Week of the Young Child in 1971, recognizing that the early childhood years (birth through age 8) lay the foundation for children's success in school and later life. The Week of the Young Child is a time to plan how we – as citizens of a community, of a state, and of a nation – will better meet the needs of all young children and their families.

It is recommended that the Board of Education adopt Resolution No. 17-35 - Recognizing Adult Education Week: April 9-13, 2018.

It is recommended that the Board of Education adopt Resolution No. 17-36 - Honoring Dolores Huerta's Birthday, which is on April 10, and her accomplishments.

It is recommended that the Board of Education hold a public hearing on the matter of the Measure R parcel tax to allow for public input on whether the priority programs to be supported by Funding Measure revenues should be modified in the Proposed Annual Plan.  

The hearing is scheduled for April 12, 2018.

Public Comment Process: Section 5.C. provides that “No fewer than 60 calendar days before the Board acts on the annual budget for the subsequent fiscal year, the Board shall hold a noticed public hearing on the Proposed Annual Plan in order to allow for public input on whether the priority programs to be supported by Fund Measure revenues should be modified.  No fewer than 30 calendar days before the Board acts on the annual budget for the subsequent fiscal year, the Proposed Annual Plan and the findings from the public hearing shall be reviewed by the Independent Citizens Oversight Committee which shall forward its recommendations to the Board.”  It also states that “Members of the public may comment on the plans, reports, and conditions of the Funding Measure during the public comment period of any meeting of the Independent Citizens Oversight Committee or any meeting of the Board.” 

It is recommended that the Board of Education adopt Resolution No. 17-37 requesting action by the Los Angeles County Board of Supervisors (“LAC BOS”) to authorize formation of two School Facilities Improvement Districts (SFID).

The Santa Monica-Malibu Unified School District (“District”) has previously issued General Obligation Facility Bonds encompassing the entire district boundaries. In order to achieve the necessary financing for its facilities needs and commence important school facilities improvement projects, it may be in the best interests of the District to commence the process of forming two SFIDs, one that comprises the Santa Monica schools and another that comprises the Malibu schools. The formation of the SFIDs is necessary to allow the Malibu Schools and Santa Monica Schools communities’ greater independence in facility planning, projects and funding. Bonds may only be issued following voter approval of voters within the respective SFIDs, and bond revenue raised in the each SFID would only be used for projects in that SFID.

Formation of SFIDs can only occur if the applicable county board of supervisors has adopted the SFID law authorizing the school district to proceed. LA County does this on a district-by-district basis. 

This resolution begins the process of forming SFIDs by requesting the LAC BOS to adopt the SFID Law and allow the District to proceed with the formation process. There are a number of steps that must be completed prior to the election in November (dates proposed):

1. School Board considers resolution requesting approval from the LAC BOS to authorize the formation of two SFIDs (April 12)
2. LAC BOS considers authorizing the District to form the two SFIDs (Early May)
3. School Board holds public hearing and considers Resolution of Intent to form SFID –Malibu, hearing most likely will be held during a regularly scheduled School Board Meeting (May)
4. School Board holds public hearing and considers Resolution of Intent to form SFID – Santa Monica, hearing will most likely be held during a regularly scheduled School Board Meeting (May)
5. School Board holds public hearings and considers the Resolutions of Formation of both SFIDs (June)
6. School Board considers adopting Resolutions to Call for Bond Elections (July 19)
7. If adopted and approved, separate General Obligation Bonds are on the General Election ballot in each SFID (November 6)

Adopting this resolution requesting approval to form SFIDs does not commit the Board to form SFIDs or call for an election. However, it is essential to consider this resolution at this time in order to achieve all steps to meet the election deadlines.

The attachment was updated on April 9, 2018.

Staff anticipates that this item will require a total of 40 minutes, with 20 minutes for the staff report and 20 minutes for board member questions/comments.

It is recommended that the Board of Education (“Board”) enter into the Measure YY and GS Master Facilities Use Agreement (“Agreement”) with the City of Santa Monica (“City”), including the attached Santa Monica High School (“Samohi”) Supplemental Facilities Use Agreement and the Los Amigos Park Supplemental Facilities Use Agreement. 

The City of Santa Monica and the Santa Monica-Malibu Unified School District (“District”) have a strong commitment to civic partnership to meet the students’ and community’s needs. To achieve this, the City and District have a long history of sharing resources to enhance City and District programs. Beginning it 2005, the City and District entered into the Master Facilities Use Agreement to allow for joint use of Santa Monica elementary and middle school facilities to provide additional recreational space/facilities to the City and Community and to provide additional revenue to support the facilities and District programs.

In 2010, the voters approved Measures Y and YY specifying that half of the City’s transaction and use tax revenues be used to improve and maintain Santa Monica’s public schools and its programs. In 2011, the City and District entered into the Santa Monica High School Master Facilities Use Agreement for recreational use of Santa Monica High School.

In 2016, the voters approved Measures GSH and GS, like Measures Y and YY, specifying that an additional half of the City’s transaction and use tax revenues be used to improve and maintain Santa Monica’s public schools and its programs.

District and City staff met and mutually agreed it would be prudent to combine Measure GS with Measure YY within the Measure YY/GS Master Facilities Use Agreement. This combined agreement would include the recreational use of Santa Monica High School with the longstanding practice of community use of the District-owned Los Amigos Park site during non-school hours. The Measure YY/GS Facilities Agreement is intended to effectuate the will of the voters as expressed in advisory Measures YY and GS.

The City shall pay an annual amount equal to one-half of the revenue received by the City from the one percent transaction and use tax collected through Measures YY and Measure GS. Payments will be made on a monthly basis. Approval of this agreement will allow for payment of Measure GS tax receipts collected from the start of the tax to the signing of this agreement.

The Measures YY and GS tax revenues to be passed on to the District in the 2017-18 fiscal year are estimated at $16,100,000. The revenue will fluctuate depending on the taxes received. This is in addition to the funds received from the Master Facilities Agreement ($9,027,020).

The resulting Measure YY/GS Master Facilities Use Agreement will retain the majority of the provisions in the existing Santa Monica High School Master Facilities Use Agreement with the following modifications and additions:

Term of Agreement: The current term for the Santa Monica High School Master Facilities Use Agreement expires on June 30, 2021 with an option to extend for additional 10 year terms. It is recommended that this term be amended in the Measure YY/GS Master Facilities Use Agreement to expire on June 30, 2028 with an option to extend for additional 10 year terms by mutual agreement between the City and District.

SMMUSD Unification: The SMMUSD Board of Education is currently reviewing the request of the Malibu community to separate from the district and create a Malibu Unified School District (also officially referred to as “unification”). While it is unknown at this time whether unification will occur, it is recommended that a provision be included in the Measure YY/GS Facilities Agreement to clarify that if SMMUSD were to split into two districts, the funding provided through Measures YY and GS would reside with the entity with jurisdiction over Santa Monica High School and Los Amigos Park as the sole successor in interest to the rights and obligations of the District under the Agreement.

Force Majeure: Both District and City staff recommend that a “Force Majeure” provision be added to the Agreement to address obligations of each party should there ever be a major, unanticipated natural or human-caused disaster.

Supplemental Agreements: The Santa Monica High Supplement Facilities Use Agreement is amended and attached to all provisions of the new Measure YY/GS Master Facilities Agreement. The Los Amigos Park Supplemental Facilities Use Agreement has been developed to support long-standing use of the park by the City and is attached to the Agreement.

As part of the review of joint use agreements, the City and District staff determined in consultation with Council and Board leadership to leave the Master Facilities Use Agreement in place as is until it comes up for renewal on June 30, 2022. The Supplemental Use Agreements were reviewed and updated (see Information section of this agenda).

The attachments were updated on April 9, 2018.

Attached is a copy of the Quarterly Report on Williams Uniform Complaints.  It is required that the information be reported publicly at a Board Meeting. 

To comply with BP 5145.9 - Hate-Motivated Behavior, this item is to come before the Board as an information item each quarter.  This report includes reports from January 1 – March 31, 2018 (3^rd Quarter).

Quarter covered by this report:

• 1^st     Quarter - July 1 to September 30 (Reporting in October)
• 2^nd     Quarter - October 1 to December 31 (Reporting in January)
• 3^rd      Quarter - January 1 to March 31 (Reporting in April)
• 4^th      Quarter - April 1 to June 30 (Reporting in July)

Reports:

• No reports were filed during the quarter indicated.
• Reports were filed at the schools or district offices listed in the report

To comply with BP 5145.10 Disability Harassment this item is to come before the Board as an information item each quarter. This report includes reports from January 1 – March 31, 2018 (3^rd Quarter).

Quarter covered by this report:

• 1^st     Quarter - July 1 to September 30 (Reporting in October)
• 2^nd    Quarter - October 1 to December 31 (Reporting in January)
• 3^rd    Quarter - January 1 to March 31 (Reporting in April)
• 4^th      Quarter - April 1 to June 30 (Reporting in July)

Reports:

• No reports were filed during the quarter indicated.
• Reports were filed at the schools or district offices listed in the report.

This is to inform the Board of Education that AR and Es 6158 - Independent Study have been revised.

The regulation had been updated to reflect new law (SB 858), which changes the maximum length of the written master agreement, mandates policy with specified components as a condition of offering a program of course-based independent study beginning in the 2015-16 school year, and clarifies that the teacher-student ratio must be equivalent with that of all other educational programs at the applicable grade span unless a new higher or lower grade span ratio is negotiated.  The regulation has also been updated to reflect new law (SB 828, 2016), which expands the types of documents that may be maintained electronically to include supplemental agreements, assignment records, work samples, and attendance records as well as the master agreement. Related material moved to "Records" section and expanded.

These changes were discussed at the February 15, 2018, board meeting, which was in Santa Monica, and at the March 15, 2018, board meeting, which was in Malibu.  The corresponding policy can be found in Consent in this agenda.  The new and corresponding AR 6158.1 can be found in Information in this agenda.

This is to inform the Board of Education that AR 6158.1 - Independent Study - Physical Education has been adopted.

Per board recommendation from the February 15, 2018, board meeting, Independent Study PE was separated from AR 6158 to create AR 6158.1, language was removed from the Middle school application that referenced elite athletes, and the criteria was reviewed and revised. 

The adoption of this new AR was part of the discussion on March 15, 2018, regarding BP, AR, and E 6158 - Independent Study, the changes to which can also be found in Consent and Information in this agenda.  

It is recommended that the supplemental textbooks listed below be adopted for the Santa Monica-Malibu Unified School District. 

In accordance with the Board of Education policy, the supplemental textbooks listed below will be on public display for the next two weeks in the Educational Services Department at 1630 17th Street, Santa Monica, CA 90404.

• Every Day, by David Levithan, for summer reading 2018 for all 10^th and 11^th  grades students at Malibu High School.  Adoption requested by Bonnie Thoreson, Malibu High School English Department Chair.
• Me Talk Pretty One Day, by David Sedaris, for summer reading 2018 for all 12^th  grade students at Malibu High School.  Adoption requested by Bonnie Thoreson, Malibu High School English Department Chair.
• Born A Crime: Stories from a South African Childhood, by Trevor Noah, for summer reading 2018 for all 12^th  grade students at Malibu High School and all 9^th-12^th grade students at Santa Monica High School.  Adoption requested by Bonnie Thoreson, Malibu High School English Department Chair; Gilda De La Cruz, Katheen Fass, SAMOHI teachers and Nathan Fulcher SAMOHI English Department Chair. 

As part of review of joint use agreements, the City and District staff determined in consultation with Council and Board leadership to leave the Master Facilities Use Agreement in place as is until it comes up for renewal on June 30, 2022. However, the Supplemental Use Agreements were reviewed and updated. These will be approved by the Superintendent and the City Manager, in accordance with procedures.

District and City staff identified opportunities to modify existing supplemental agreements to the Master Facilities use Agreement. These supplemental agreements are periodically amended to support operational shifts. The four supplemental agreements attached to the Master Facilities Agreement include:

• Playground Partnership Supplemental Use Agreement
• CREST program Supplemental Use Agreement
• John Adams Middle School Program Supplemental Use Agreement
• Lincoln Middle School Program Supplemental Use Agreement

In addition to cleaning up and making these agreements easier to follow, the primary changes include:

• Changes in available times and permitting procedures at Lincoln Middle School due to the newly modernized track and field that incorporated a synthetic turf and track and the return of field lights.
• Permitting the City to carve out time for general unsupervised recreational opportunities on the synthetic middle school turf fields, similar to the playground partnerships.
• Shifting the sports facility monitoring from the City to the District at the middle schools to increase District oversight and manage/clean the facilities more effectively.
• Updating the CREST and Playground Partnership agreements to reflect current practices.

District and City staff recently met to discuss the longstanding practice of community use of the District-owned Los Amigos Park site during non-school hours and determined that it would be prudent to document this mutually agreed upon practice within the Measure YY/GS Facilities Agreement, intended to effectuate the will of the voters as expressed in advisory Measure GS.  Additionally, with the incorporation of sports lights and synthetic turf at Lincoln Middle School under construction, District and City staff identified opportunities to modify the existing supplemental agreements to the Master Facilities Use Agreement relating to the Lincoln and John Adams Middle Schools in order to carve out time at these schools for general unsupervised recreational opportunities, similar to the model used for Samohi. Staff also determined that it would be prudent to make minor modifications to the supplemental agreements for CREST and Playground Partnership to reflect current practices. The resulting Measure YY/GS Facilities Agreement would retain the majority of the provisions in the existing Samohi Master Facilities Agreement with the following modifications and additions:

Term of Agreement: As noted above, the current term for the Samohi Master Facilities Agreement expires on June 30, 2021 with an option to extend for additional 10-year terms. It is recommended that this term be amended in the Measure YY/GS Facilities Agreement to expire on June 30, 2028 with an option to extend for additional 10-year terms by mutual agreement between the City and District. It is also recommended that the term for the supplemental agreements for Lincoln and John Adams Middle Schools, CREST and Playground Partnership be amended to mirror the term of the Master Facilities Use Agreement (through June 30, 2022 with an option to extend for an additional five years to June 30, 2027).

SMMUSD Unification:  The SMMUSD Board of Education is currently reviewing the request of the Malibu community to separate from the district and create a Malibu Unified School District (also officially referred to as “unification”). While it is unknown at this time whether unification will occur, it is recommended that a provision be included in the Measure YY/GS Facilities Agreement to clarify that if SMMUSD were to split into two districts, the funding provided through Measures YY and GS would reside with the entity with jurisdiction over Santa Monica High School and Los Amigos Park as the sole successor in interest to the rights and obligations of the District under the Agreement.

Force Majeure:  Both District and City staff recommend that a “Force Majeure” provision be added to the Agreement to address obligations of each party should there ever be a major, unanticipated natural or human-caused disaster.

Supplemental Agreements:  The following elements would be addressed in the revised supplemental agreements for Lincoln and John Adams Middles Schools, CREST and Playground Partnership as well as the Supplemental Agreement for Los Amigos Park:

The attachments were updated on April 9, 2018.

This meeting will adjourn to a regular meeting scheduled for Thursday, May 3, 2018, at 5:30 p.m. in the Malibu City Council Chambers: 23825 Stuart Ranch Road, Malibu, CA.