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MEETING FORMAT "B"
Santa Monica-Malibu USD
November 16, 2017 7:30PM
District Administrative Offices: 1651 16th Street, Santa Monica, CA The Board of Education will call the meeting to order at 6:30 p.m. in the Board Conference Room at the District Offices, at which time the Board of Education will move to Closed Session regarding the items listed under Closed Session. The public meeting will reconvene at 7:30 p.m. in the Board Room.

. CLOSED SESSION
Minutes:
Ms. Lieberman called closed session to order at 6:30 p.m.
.I. PUBLIC COMMENTS FOR CLOSED SESSION ITEMS ONLY
Quick Summary / Abstract:
Persons wishing to address the Board of Education regarding an item scheduled for closed session must submit the “Request to Address” card prior to the start of closed session.
.II. CLOSED SESSION
.II.A. Government Code §54956.9(d)(1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (20 min)Confidential agenda item.
Quick Summary / Abstract:

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

.II.B. Government Code §54957 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (5 min)Confidential agenda item.
.II.C. Government Code §54957 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (15 min)Confidential agenda item.
Quick Summary / Abstract:

Title: Superintendent

.II.D. Government Code §54957.6 CONFERENCE WITH LABOR NEGOTIATORS (20 min)Confidential agenda item.
Quick Summary / Abstract:
  • Agency Designated Representative: Dr. Ben Drati
  • Employee Organizations: SEIU
  • Agency Designated Representative: Dr. Ben Drati
  • Employee Organizations: SMMCTA
. OPEN SESSION
.I. CALL TO ORDER
Minutes:
Ms. Lieberman called open session to order at 7:50 p.m.
.I.A. Roll Call
Minutes:
Present Oscar de la Torre
Present Craig Foster
Present Jon Kean
Present Maria Leon-Vazquez
Present Laurie Lieberman
Present Ralph Mechur
Present Dr. Richard Tahvildaran-Jesswein
.I.B. Pledge of Allegiance
Minutes:
Mr. Kean led the pledge of allegiance.
.II. APPROVAL OF THE AGENDA
Recommended Motion:

It is recommended that the Board of Education approve the November 16, 2017, regular meeting agenda.

Minutes:
The board unanimously agreed to add a Superintendent’s Report to immediately follow the Consent Calendar. The board also agreed to move Item No. V.B to come before Item No. V.A.
.III. APPROVAL OF MINUTES
.III.A. Approve October 30, 2017, Meeting Minutes
Recommended Motion:

It is recommended that the Board of Education approve the minutes for the October 30, 2017, special board meeting.

Actions:
Motion

It is recommended that the Board of Education approve the minutes for the October 30, 2017, special board meeting.

Passed with a motion by Mr. Jon Kean and a second by Dr. Richard Tahvildaran-Jesswein.
Vote:
Yes Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Yes Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Attachments:
Minutes_103017
.III.B. Approve November 2, 2017, Meeting Minutes
Recommended Motion:

It is recommended that the Board of Education approve the November 2, 2017, regular meeting minutes.

Actions:
Motion

It is recommended that the Board of Education approve the November 2, 2017, regular meeting minutes.

Passed with a motion by Mr. Craig Foster and a second by Ms. Maria Leon-Vazquez.
Vote:
Yes Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Yes Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Attachments:
Minutes_110217
.IV. CONSENT CALENDAR
Actions:
Motion
Passed with a motion by Dr. Richard Tahvildaran-Jesswein and a second by Mr. Craig Foster.
Vote:
Yes Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Yes Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Quick Summary / Abstract:
As agreed by the President, Vice President, and Superintendent during agenda planning, consent agenda items are considered routine, require no discussion, and are normally approved all at once by the Board of Education. However, members of the Board of Education, staff, or the public may request an item be moved from the consent agenda to Section XI (Major Items) for clarification and/or discussion.
Minutes:
The board approved Item Nos. A.1-A.6, B.1-B.4, C.1-C.5 and C.7-C.8, D.1-D.5, and E.1 listed under the Consent Calendar. Item No. C.6 was pulled by staff.

Time start: 7:53 p.m. Time end: 7:54 p.m.
.IV.A. Curriculum and Instruction
.IV.A.1. Approval of Independent Contractors
Recommended Motion:
It is recommended that the Board of Education enter into an agreement with the following Independent Contractors. These contracts are included in the 2017-18 budget.
Financial Impact:
  • Contractor: Lynette M. Rock
  • Dates: 09/25/17-12/22/17
  • Amount not to exceed: $35,360.00 ($100/hour)
  • Description: Interim Food Services Director
  • Site: Food Services     
  • Funding: 13-53100-0-00000-37000-5802-057-2570
  • (Amend contract date and amount. Original contract date 09/25/17-10/31/17 in the amount of $13,600 approved on 10/05/17)


  • Contractor: Ed Tech
  • Dates: 07/01/17-06/30/18
  • Amount not to exceed: $60,000.00
  • Description: To provide support for repairs to Macintosh Computers as directed by Information Services (Apple Certified)
  • Site: Information Services
  • Funding: 01-00001-0-19100-21000-5802-054-2540 (General Fund)
.IV.A.2. Conference and Travel Approval/Ratification 2017/2018
Recommended Motion:

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

Financial Impact:
The average cost for substitute teachers is $183/day. This figure is furnished for informational purposes and does not reflect the actual amount paid for an individual substitute.)
Attachments:
Conference and Travel 11/16/17
.IV.A.3. Approval of the Single Plan for Student Achievement (SPSA)
Recommended Motion:

It is recommended that the Board of Education approve the Single Plan for Student Achievement (SPSA) for each of our schools. 

Rationale:

Approval of the SPSA for 2017-18 authorizes schools to continue engaging in planned activities and expenditures through the beginning of the 2018-19 school year, until an annual update to the SPSA comes before the Board.

The Single Plan for Student Achievement establishes a focus for raising the academic performance of students to meet or exceed state standards.  This year, embedded within the plan, is a description of the site’s School Leadership Team (SLT) plan, which school administrators and teacher leaders have created over the last several months as part of the Superintendent’s three-pronged approach to build Excellence through Equity. In addition, the SPSA expands to address each of the three LCAP goals, providing greater alignment between the work of schools and the goal of the district. School allocations of categorical and site formula funds that support of improvement goals are identified.  Each School Site Council (SSC) is responsible for the development, implementation, and review of its SPSA. The development of the plan consists of the following steps:

  1. Obtain the input of the school community, including SLT and other groups (ELAC, PTA, etc.)
  2. Review the school characteristics
  3. Analyze current educational practices and staffing
  4. Analyze student performance data
  5. Establish school goals
  6. Review available resources
  7. Select specific improvements
  8. Consider centralized services
  9. Recommend the plan to the local governing board
  10. Monitor progress
  11. Evaluate the effectiveness of planned activities
  12. Modify the plan
 
Comments:

The SPSAs are considered working documents.  Plans may be modified throughout the course of the year, as School Site Councils continually monitor their implementation.  The plans can be found online.  One public copy of each plan will be available at the Board of Education meeting.  Hard copies of each school’s SPSA are available for viewing at each school office and in the Educational Services Department of the District Office.

.IV.A.4. Award of Contracts for Semi-Private Music Lessons
Recommended Motion:

It is recommended that the Board of Education approve contracts for Semi-Private music lessons for SED students in grades 4 through 12.

Rationale:

There are a total of eight (8) independent contractors who have been screened and vetted. There are a total of 957 socio-economically disadvantaged (SED) SMMUSD music students who are eligible to participate in this service.

Eight (8) agencies submitted comprehensive proposals to provide services to our students. Proposal requirements included a description of services, certificates of insurance, W-9s, verification of background checks and TB testing, description of licenses, credentials and/or training, and copies of complaint procedures, child abuse and missing persons reporting procedures.

Each vendor determines its hourly rate for services, the instructional materials used for tutoring, and the method of assessing and monitoring student progress, not to exceed $355.93 per student for the 2017-2018 school year. The District has set aside a 1.905% reserve. Each vendor determines the appropriate grouping of students for semi-private music lessons with parental input. Families of eligible students grades 4 through 12 were notified of the opportunity for semi-private music lessons through a mailing that went home on September 18 and two vendor events held on Saturdays, one at Point Dume on October 7, and the other held at the Professional Development and Learning Center on October 14, and through communications from the school principals, teachers, and Bilingual Liaisons. Families were provided the opportunity to meet with eligible vendors at the vendor fairs in the communities of Santa Monica and Malibu, and were provided a list of the agencies that submitted comprehensive proposals to SMMUSD along with a description of their services, their hourly rate for services, and their contact information.

Based on the number of students participating this year, which has increased by 21%, Santa Monica-Malibu Unified School District proposes to enter into contract with the attached list of vendors.

 
Financial Impact:
  • Budgeted: Yes
  • Fund/Source: SMMEF/ Music Endowment
  • Account Number: 01-90820-0-17100-10000-5802-030-1300
  • Description: Semi-Private Music Lessons/SED

The endowment overseen by Santa Monica-Malibu Education Foundation (Ed Foundation) and is not to exceed $105,000.

Attachments:
Semi-Private Music Lessons
.IV.A.5. Fiscal Year 2018-19 Continued Funding Application
Recommended Motion:

It is recommended that the Board of Education approve for Child Development Services (CDS) to submit the FY 2018-19 Continued Funding Application with the California Department of Education for the purpose of providing subsidized services to eligible families with children in the infant, preschool, and school-age before-and-after school programs.

Rationale:
Management Bulletin (MB 17-18) offers existing California Department of Education contractors the opportunity to request continued funding for FY 2018-2019.  Failure to respond within the timelines specified in the continued funding application request shall constitute notification to the Child Development Division of the contractor’s intent to discontinue services at the end of the current contract period.
 
.IV.A.6. Special Education Contracts (17/18)
Recommended Motion:

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

Rationale:

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.

The recommendations for these severely handicapped students are made by the District IEP Teams in accordance with State and Federal laws.  The mandates of IDEA require non-public school services be provided at no expense to parents if there is not an appropriate public school program available.  Funding to come from a SELPA-wide non-public school/non-public agency reserve account.

 
Attachments:
Special Education Contracts (17/18)
.IV.B. Business and Fiscal
.IV.B.1. Award of Purchase Orders - 2017-18
Recommended Motion:

It is recommended that the Board of Education approve the attached Purchase Orders and Change Purchase Orders from October 25, 2017 through November 8, 2017 for fiscal / 18.

Attachments:
BOE_111617_2018SY_POs
.IV.B.2. Acceptance of Gifts 2017/2018
Recommended Motion:

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

$15,489.23 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 $15,489.23 as described on the attached listing.

Rationale:

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.

 
Attachments:
Gift Report 11/16/17
.IV.B.3. Amend Certification of Signatures – Assistant Superintendent, Business and Fiscal Services
Recommended Motion:

It is recommended that the Board of Education amend the Certification of Signatures, as presented on December 10, 2016, in Recommendation No. A.08, to change the signature authority to include Melody Canady, Assistant Superintendent of Business and Fiscal Services, and delete the name of Janece L. Maez, former Associate Superintendent of Business and Fiscal Services/Chief Financial Officer.

It is further recommended that the attached document "Certification of Signatures" be completed and filed with the County Superintendent of School in accordance with Education Code Section §42633. Melody Canady signature will be considered valid as of November 15, 2017. 

Rationale:

Ms. Canady replaces Ms. Maez who retired as of June 30, 2017.

Approval of this Board Action will authorize Melody Canady to sign warrants, orders for salary or commercial payments, notices of employment, contracts, invoices and other documents as directed by the Board of Education.

 
Attachments:
Certification of Signature
.IV.B.4. 2017-18 Budget Revisions
Recommended Motion:

It is recommended that the Board of Education approve the following budget transfers, as described on the following pages, for these below-listed Funds. 

Rationale:

These routine paper transfers are intended to accomplish the formal/final shifting to recognize the accounting of previously-approved activities prior to the 1st Interim Report.

  • Fund 01 - General Fund (Unrestricted & Restricted)
  • Fund 11 - Adult Education Fund
  • Fund 12 - Child Development Fund
  • Fund 13 - Cafeteria Fund
  • Fund 14 - Deferred Maintenance Fund
  • Fund 21.3 - Building Fund /Measure BB Series D
  • Fund 21.4 - Building Fund /Measure ES Series A
  • Fund 21.5 - Building Fund /Measure ES Series B
  • Fund 21.6 - Building Fund /Measure ES Series C
  • Fund 40 - County School Facilities Fund
 
Attachments:
Budget Revision
.IV.C. Facilities Improvement Projects
.IV.C.1. Amendment #1 to Agreement – John Adams Middle School – Field Replacement Project – Geotechnical Percolation Evaluation Services - Leighton Consulting, Inc. – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #1 with Leighton Consulting Inc. to perform further geotechnical investigations at JAMS related to the replacement of the synthetic field surface – in an amount not to exceed $9,300 for a total contract amount of $22,505.00.

Rationale:

Leighton Consulting, Inc. proposes to provide additional geotechnical investigations related to the replacement of the athletic field at JAMS. The District is proposing to replace the existing synthetic turf (surficial layer) and to keep the existing base stone drainage system in place. This investigation is designed to evaluate the percolation characteristics of the 4” thick base stone drainage system to determine if it will perform properly after the project is complete. Upon completion of the field exploration, Leighton will prepare a project memorandum documenting findings and conclusions.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85-90907-0-00000-85000-5802-011-2600
  • Source: Measure ES
  • Budget Category: Soft Costs \ Environmental Tests \ Geo Engineering and Material Testing


MEASURE ES FUNDING:

  • ORIGINAL CONTRACT AMOUNT – CDE Geotechnical Consultant: $13,205
  • CONTRACT AMENDMENT #1 – Geotechnical Percolation Evaluation Services: $9,300
  • TOTAL CONTRACT AMOUNT: $22,505
.IV.C.2. Amendment #05 to Agreement – John Adams Middle School – Performing Arts Complex Project - Geotechnical Study Report - Converse Consultants – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #05 with Converse Consultants to provide consulting services for John Adams Middle School – Performing Arts Complex Project-Geotechnical Study Report - in an amount not to exceed $3,460 for a total contract amount of $129,135.00.

Rationale:

Amendment #04 for Converse Consultants to prepare a Geotechnical Study Report for the John Adams Middle School (JAMS) – Performing Arts Complex Project was approved by the Board on July 19, 2017. Recent coordination with site activities at JAMS will require portions of this work to be performed over a weekend, which will incur additional charges. The original proposal from June 21, 2017 was in the amount of $15,190. A revised proposal in the amount of $18,650 was received on October 16, 2017, which includes the original scope as well as this additional weekend work. Staff recommends that the Board to authorize the difference between these two proposals of $3,460.

 
Financial Impact:

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, WF&P: $74,880.00
  • CA#04 – JAMS, PAC: $15,190.00
  • CA#05 – JAMS, PAC: $3,460.00 
  • Total Contract: $129,135.00
.IV.C.3. Amendment #02 to Agreement – Olympic High School - Campus Modernization Project – For Abatement and Removal Monitoring Services – Ninyo & Moore – Measure BB
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #02 with Ninyo & Moore to provide additional asbestos abatement and removal monitoring services, in the amount of $31,370.00, for a new total contract amount of $159,505.00.

Rationale:

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 ensure the safety of the students and staff at the site. The consultant shall also ensure that all work, transportation and disposal of hazardous materials is done in compliance with state and federal regulations. Ninyo & Moore is recommended to provide Abatement and removal monitoring services at the Olympic High School / Modernization. Partial funding will be through program reserve shortages.

 
Financial Impact:

Funding Information

  • Budgeted: No
  • Fund: 83
  • Source: Measure BB
  • Account Number: 83-90500-0-00000-85000-5802-014-2600                                            
  • Budget Category: Soft Costs/Materials Lab


MEASURE 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
  • TOTAL CONTRACT AMOUNT: $159,505
.IV.C.4. Amendment #08 to Agreement – Olympic High School - Windows, Paint, Floors and Doors Project and HVAC Project - Architectural Services –- dsk Architects – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #08 with dsk Architects to provide architectural design services for Olympic High School – Windows, Paint, Floor and Doors Project and HVAC Project - in an amount not to exceed $18,950 for reimbursable expenses for a total contract amount of $740,089.00.

Rationale:

dsk Architects were asked to provide design services to replace windows, doors, and make other modifications including painting, lighting, acoustic and ADA upgrades as well as provide HVAC to Olympic HS site. CA #06 which was board approved during the October 5, 2017 meeting. Due to a clerical error, reimbursable expenses were inadvertently omitted from the total approved CA#06.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90905-0-00000-85000-5802-014-2600 (Olympic HS WPFD) – $10,950.00; 85-90906-0-00000-85000-5802-014-2600 (Olympic HS HVAC) – $8,000.00
  • Budget Category: Soft Costs/AE Design Services


MEASURE ES FUNDING:

  • ORIGINAL CONTRACT –  Webster - WFP: $192,235.00
  • CA #01 – Webster - WFP: $27,470.00
  • CA #02 – Webster - WFP: $N/A
  • CA #03 – Webster - WFP: $10,000.00
  • CA #04 – Webster, Pt.Dume -  WPFD addl services: $34,762.00
  • CA#05 – Webster – WPFD: $58,480.00
  • CA #06 - Olympic HS, WPFD and HVAC Projects: $379,828.00
  • CA #07 - Olympic HS HVAC Projects addl services landscape: $18,364.00
  • CA #08 – Olympic HS, WPFD and HVAC Projects Reimbursable Exp: $18,950.00
  • TOTAL CONTRACT AMOUNT: $740,089.00
.IV.C.5. Amendment #06 to Agreement – Samohi – Interim Repairs Project - Inspector of Record Services - DSA Inspections - Sandy Pringle Associates – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Amendment #06 with Sandy Pringle Associates to provide additional inspection services for Samohi – Interim Repairs Project in an amount not to exceed $3,400.00 for a total contract amount of $223,870.00.

Rationale:

Inspection services are required for the Business Building Stair Repair to ensure that school facilities are built to the District requirements. This amendment #06 is to provide additional inspection services for this project.

 
Financial Impact:

Funding Information:

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number: 85-90904-0-00000-85000-5802-015-2600
  • Budget Category: Soft Costs \ Testing & Inspection / Materials Lab
  • DSA #: 03-117627


MEASURE ES FUNDING:   

  • ORIGINAL CONTRACT: $32,968.00 - Roosevelt & Webster – WFP
  • CONTRACT AMENDMENT #01: $53,256.00 - Malibu FIG – WFP
  • CONTRACT AMENDMENT #02: $49,818.00 - SAMOHI – Sealy Field                                               
  • CONTRACT AMENDMENT #03: $49,818.00 - Lincoln MS – Track & Field
  • CONTRACT AMENDMENT #04: $31,000.00 - Webster ES – WFP
  • CONTRACT AMENDMENT #05: $3,610.00 - Samohi – Pico and BB Stairway
  • CONTRACT AMENDMENT #06: $3,400.00 - Interim Repairs Project
  • TOTAL CONTRACT AMOUNT:  $223,870.00
.IV.C.6. Amendment #9 to Agreement – Malibu Middle High School – HVAC Central Plant - Architectural Services - HMC Architects – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #9 with HMC Architects for the Malibu Middle High School and Juan Cabrillo Elementary School HVAC Central Plant Project in an amount not to exceed $490,700.00 for a total contract amount of $2,764,278.10.

Rationale:

HMC Architects will prepare design documents for a central chiller plant to serve the Malibu Middle High School and Juan Cabrillo Elementary School campuses based on a feasibility study dated July 28, 2017. The architecture/engineering team will prepare construction documents for a new central chiller plant with water-cooled chillers, cooling towers and primary-secondary pumping to serve both campuses. This design will also include schematic designs for MEP systems within existing buildings at both MMHS and JCES that can be used by a design-build contractor. This contract will also include processing of a new Coastal Development Permit and Construction Administration by the design team.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number: 85-90906-0-00000-85000-5802-010-2600
  • Project: Malibu Middle High School and Juan Cabrillo Elementary School HVAC Central Plant Design Project
  • Budget Category: Soft Costs \ Design Services \ Architects
  • DSA: 03-117640


MEASURE ES FUNDING:   

  • ORIGINAL CONTRACT: $988,826.00
  • CONTRACT AMENDMENT #01 - WPFD-Cabrillo,GES, WRLC: $286,749.00
  • CONTRACT AMENDMENT #02 - WPFD-MMHS-F,I&G: $1,875.00
  • CONTRACT AMENDMENT #03 - WPFD-Cabrillo: $117,673.60
  • CONTRACT AMENDMENT #04 - WPFD-MMHS FIG: $121,484.00
  • CONTRACT AMENDMENT #05 - Cabrillo playground: $64,265.00
  • CONTRACT AMENDMENT #06 - WPFD Cabrillo: $30,140.00
  • CONTRACT AMENDMENT #07 - WPFD –MMHS: $54,000.00
  • CONTRACT AMENDMENT #08 - WPFD-MMHS: $608,565.50
  • CONTRACT AMENDMENT #09 - HVAC Central Plant: $490,700.00
  • TOTAL CONTRACT AMOUNT: $2,764,278.10
Minutes:
This item was pulled by staff.
.IV.C.7. Accept Work as Completed – Multiple Purchase Orders –Various Projects – Measure BB & ES
Recommended Motion:

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

Rationale:

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.

 
Financial Impact:
  • School: Santa Monica High School
  • Project: Football Field & Track Lighting Replacement Project
  • Funding: Measure ES
  • Vendor Name: Amtek Construction
  • PO Number: 183507
  • Amount: $16,945.00
  • Substantial Completion Date: 09/29/2017
.IV.C.8. Change Order #05 – Olympic High School - Campus Modernization Project - Construction Contract Bid #16.20.BB -– Novus Construction -–Measure BB
Recommended Motion:

It is recommended that the Board of Education approve Change Order #05 and authorize changes in excess of 10% with Novus Construction for the Olympic High School – Campus Modernization Project in an amount not to exceed $219,820.00 for a total contract amount of $6,518,984.06.  

Rationale:

This Change Order includes costs for Novus Construction and its subcontractors to remove and dispose of asbestos containing materials and contaminated soil in Building A Crawl space, also is to remove and dispose Asbestos containing floor tile and associated mastics and non-asbestos containing floor tile and carpet in Building A classrooms and offices. This Change Order #05 is for a total of $219,820.00.

 
Financial Impact:

Funding Information

  • Budgeted: No
  • Fund: 83
  • Source: Measure BB
  • Account Numbers: 83-90500-0-00000-85000-6200-014-2600
  • DSA Application #: 03-113343
  • Budget Category: Construction Hard Costs


MEASURE BB FUNDING:

  • ORIGINAL CONTRACT:$ 5,639,490.00 (Olympic – Modernization)
  • CHANGE ORDER #01: $20,703.61
  • CHANGE ORDER #02: $95,649.34
  • CHANGE ORDER #03: $461,833.31
  • CHANGE ORDER #04: $81,487.74
  • CHANGE ORDER #05: $219,820.00               
  • TOTAL CONTRACT AMOUNT: $6,518,984.06

This Change Order will be funded from within the Program Reserve Shortage.

.IV.D. Personnel
.IV.D.1. Certificated Personnel - Elections, Separations
Recommended Motion:

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

Financial Impact:

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

Attachments:
Certificated Personnel
.IV.D.2. Classified Personnel - Merit
Recommended Motion:

It is recommended that the attached appointments for Classified Personnel (merit system) be approved and/or ratified. All personnel will be properly elected in accordance with District policies and salary schedules.

Attachments:
Classified - Merit
.IV.D.3. Classified Personnel - Non-Merit
Recommended Motion:

It is recommended that the attached appointments for Classified Personnel (non-merit) be approved and/or ratified. All personnel will be properly elected in accordance with District policies and salary schedules.

Attachments:
Classified - Non-Merit
.IV.D.4. Increase in Staffing (FTE) - Special Education
Recommended Motion:

It is recommended that the Board of Education approve the increase in FTEs (total = 1.0625 FTE), as indicated below in order to meet IEP requirements and student needs for the 2017-18 school year.

Financial Impact:

The 2017-2018 budget will be adjusted $59,154 for salary and benefits.

Comments:
  • ParaEducator 1: increase from 0.75 FTE (6 hours) to 0.9375 FTE (7.5 hours) - Muir Elem
  • Licensed Vocational Nurse: new position 0.875 FTE (7 hours) - Pt Dume Elementary
.IV.D.5. Ratify Employment Agreement between the Santa Monica-Malibu Unified School District (SMMUSD) and Assistant Superintendent for Business & Fiscal Services
Recommended Motion:

It is recommended that the Board of Education ratify the attached employment agreement between SMMUSD and the Assistant Superintendent for Business and Fiscal Services, effective .  

Rationale:

The board approved the appointment of at its October 19, 2017, regular board meeting.

 
Minutes:

Attachments:
Employment Agreement: M. Canady
.IV.E. General
.IV.E.1. Revise BP 5141.52 - Suicide Prevention
Recommended Motion:

It is recommended that the Board of Education revise BP 5141.52 - Suicide Prevention.

Rationale:

The policy has been substantially revised to reflect new law (AB 2246,2016), which mandates districts serving grades 7-12 adopt a policy on suicide prevention, intervention and postvention by the beginning of the 2017-2018 school year.  The policy reflects the mandate to address any related staff development to be provided to teachers in grades 7-12 and to address the needs of specified high-risk student populations.  In addition, the policy adds best practices in prevention, intervention, and postvention, including, but not limited to, student instruction, crisis intervention procedures, follow-up care for a student who threatens or attempts suicide, and the provision of counseling and other postvention strategies to reduce suicide contagion.

Governor Jerry Brown has established a national precedent by signing AB 2246, a bill that requires the adoption of suicide prevention, intervention, and follow-up plans by local California school districts, with students in grades 7-12.  Co-authored with the Trevor Project, Equality California, and Assembly member Patrick O-Donnell, AB 2246 is the first state bill of its kind in the nation, as it mandates that all schools in California implement suicide prevention policies that specifically address the needs of lesbian, gay, bisexual, transgender and questioning youth.  The bill requires local education agencies to develop their policies in conjunction with suicide prevention experts, school and community stakeholders, and school mental health professionals.

 
Comments:

The board discussed these changes on November 2, 2017.  The corresponding regulation can be found in Information in this agenda.

Attachments:
BP 5141.52 - Suicide Prevention
.V. SUPERINTENDENT’S REPORT (Item was added by a majority vote of the board members during approval of the agenda.)Was edited within 72 hours of the Meeting
Minutes:
Time start: 7:54 p.m. Time end: 8:01 p.m.

Dr. Drati introduced Ms. Melody Canady, the district’s new Assistant Superintendent for Business and Fiscal Services. The board approved the appointment of Ms. Canady at the October 19, 2017, meeting, but she was not available to attend that meeting. Ms. Canady thanked the district for the warm welcome and said she looks forward to working with everyone. Dr. Drati shared that he, at the direction of the board, sent a letter to the City of Santa Monica in support of constructing a field on the Civic Center site. In response to recent media reports, Dr. Drati read a statement regarding conflicts of interest.
.VI. DISCUSSION ITEMS
Quick Summary / Abstract:
These items are submitted for discussion. Any action that might be required will generally be scheduled for the next regularly scheduled Board meeting.
.VI.A. Reporting Out of California Dashboard Local Indicators (20 min)
Rationale:

As part of California’s new accountability system, Local Education Agencies (LEAs) must report out annually on their performance on four local indicators for the California School Dashboard. These local indicators must be presented in a public meeting prior to December 1, 2017. 

This discussion item will provide information about the purpose of the Local Indicators, the state priorities that they are designed to measure, and the choices districts have for how to measure them. The discussion item also includes district-level data that will be visible on the California School Dashboard, about which board members may have additional questions.

The local indicators reflect information from the 2016-17 school year. Like all dashboard data, they are lag indicators.

The standards for the local performance indicators are based on whether LEAs:

  1. Measure their progress on the local performance indicator based on locally available information, and
  2. Report the results to the LEA's local governing board at a regularly scheduled meeting of the local governing board and to stakeholders and the public through the evaluation rubrics.

LEAs determine whether they have (Met, Not Met, or Not Met for Two or More Years) for each applicable local performance indicator. LEAs make this determination by using self-reflection tools included in the evaluation rubrics, which will allow them to measure and report their progress through the California School Dashboard.

Performance Standards

The performance standards for the local performance indicators are:

Appropriately Assigned Teachers, Access to Curriculum-Aligned Instructional Materials, and Safe, Clean and Functional School Facilities (Priority 1)

  • Standard: LEA annually measures its progress in meeting the Williams settlement requirements at 100% at all of its school sites, as applicable, and promptly addresses any complaints or other deficiencies identified throughout the academic year, as applicable.

Implementation of State Academic Standards (Priority 2)

  • Standard: LEA annually measures its progress implementing state academic standards.

Parent Engagement (Priority 3)

  • Standard: LEA annually measures its progress in (1) seeking input from parents in decision making and (2) promoting parental participation in programs.

School Climate (Priority 6)

  • Standard: LEA administers a local climate survey at least every other year that provides a valid measure of perceptions of school safety and connectedness, such as the California Healthy Kids Survey, to students in at least one grade within the grade span(s) that the LEA serves (e.g., K-5, 6-8, 9-12).
 
Comments:

Staff anticipates this item will take a total of 20 minutes, with 10 minutes for the staff report and 10 minutes for board member questions/comments.  

Minutes:
Time start: 11:00 p.m. Time end: 11:14 p.m.

Staff answered board members’ questions regarding the school climate survey question results and how staff uses the dashboard data.
Attachments:
CA School Dashboard Loca Indicators
CA School Dashboard Presentation
.VI.B. Update on October 30, 2017, Board Direction to Superintendent on Activities Related to Malibu Unification (30 min)
Rationale:

During the special board meeting on October 30, 2017, during which the Board of Education discussed Malibu unification, the board directed the superintendent to meet with representatives from the Malibu City Council, Advocates for Malibu Public Schools (AMPS), and the Malibu Schools Leadership Council (MSLC), to determine whether Malibu would be interested in having conversations with SMMUSD leadership about structural or governance solutions to Malibu’s desire to have greater local control over the schools in Malibu ("Plan A").

Also, the board directed staff to communicate with School Services of California (SSC) the board’s request for further information regarding their proposed revenue-sharing formula, including extending the timeline to a yet undetermined end date (although, fifty years was mentioned).  If agreed to and implemented, this would provide a pathway to local control for Malibu, coupled with a long-term fiscal agreement for both districts ("Plan B").

During tonight's discussion item, the superintendent will report on how his meeting with the Malibu stakeholders went, and whether they showed interest in Plan A.  If Malibu does show interest, then the board can direct staff to begin those conversations in greater depth.  If not, then the board may direct staff to continue to gather the requested data from SSC for Plan B in order to determine whether the MUNC revenue neutrality formula or the extended SSC revenue sharing formula would offer an acceptable financial solution.  The board may also give direction to staff to bring back an action item in December for the board to take a position on the City of Malibu’s petition for unification, as submitted to LACOE (Los Angeles County Office of Education).

 
Comments:

Staff anticipates that this item will require a total of 30 minutes, with 10 minutes for the staff report and 20 minutes for board discussion.

.VII. MAJOR ACTION ITEMS
Quick Summary / Abstract:
These items are considered to be of major interest and/or importance and are presented for action at this time. Some may have been discussed by the Board at a previous meeting.
.VIII. INFORMATIONAL ITEMS
Quick Summary / Abstract:
These items are submitted for the public record for information. These items do not require discussion nor action.
.VIII.A. Revision of AR 5141.52 - Suicide Prevention
Rationale:

This is to inform the Board of Education that AR 5141.52 - Suicide Prevention has been revised.  

The regulation has been substantially revised to reflect new law (AB 2246,2016), which mandates districts serving grades 7-12 adopt a policy on suicide prevention, intervention and postvention by the beginning of the 2017-2018 school year.  The regulation reflects the mandate to address any related staff development to be provided to teachers in grades 7-12 and to address the needs of specified high-risk student populations.  In addition, the regulation adds best practices in prevention, intervention, and postvention, including, but not limited to, student instruction, crisis intervention procedures, follow-up care for a student who threatens or attempts suicide, and the provision of counseling and other postvention strategies to reduce suicide contagion.

Governor Jerry Brown has established a national precedent by signing AB 2246, a bill that requires the adoption of suicide prevention, intervention, and follow-up plans by local California school districts, with students in grades 7-12.  Co-authored with the Trevor Project, Equality California, and Assembly member Patrick O-Donnell, AB 2246 is the first state bill of its kind in the nation, as it mandates that all schools in California implement suicide prevention policies that specifically address the needs of lesbian, gay, bisexual, transgender and questioning youth.  The bill requires local education agencies to develop their policies in conjunction with suicide prevention experts, school and community stakeholders, and school mental health professionals.

 
Comments:

The board discussed these changes on November 2, 2017.  The corresponding policy can be found in Consent in this agenda.

Attachments:
AR 5141.52 - Suicide Prevention
.VIII.B. Santa Monica-Malibu Classroom Teachers Association (SMMCTA) Sunshine Proposal to Open Negotiations with the Santa Monica-Malibu Unified School District (SMMUSD) for the Successor Collective Bargaining Agreement
Rationale:

This is to inform the Board of Education that the Santa Monica-Malibu Classroom Teachers Association (SMMCTA) intends to open negotiations with the district regarding the bargaining of a new successor agreement. 

The Rodda Act requires parties negotiating a collective bargaining agreement to sunshine their proposals at a public meeting.  By “sunshining” proposals in this fashion, SMMCTA is announcing their intent to negotiate.  

The district will “sunshine” its proposal at a future board meeting, and the public will be invited to comment on SMMCTA and the district’s proposals at a public hearing to be scheduled for a future board meeting.  

 
Attachments:
SMMCTA Sunshine Letter
.IX. GENERAL PUBLIC COMMENTS
Minutes:
Time start: 11:16 p.m. Time end: 11:24 p.m.

Public Comments:
* Jennifer de Nicola and Kathy Feig addressed the board regarding allegations of conflict of interest involving a board member.
* Nikki Kolhoff addressed the board regrading: middle school pathway data, Malibu unification, and allegations of conflict of interest involving a board member.
.X. BOARD MEMBER ITEMS
Quick Summary / Abstract:
These items are submitted by individual board members for information or discussion, as per Board Policy 9322.
.XI. REQUESTS BY MEMBERS OF THE PUBLIC OR DISTRICT ADVISORY COMMITTEES TO ADDRESS THE BOARD OF EDUCATION
Quick Summary / Abstract:
A member of the public may request that a matter within the jurisdiction of the board be placed on the agenda of a regular meeting, as per Board Policy 9322. The request shall be in writing and be submitted to the superintendent or designee with supporting documents and information, if any, at least one week before the scheduled meeting date. Items submitted less than a week before the scheduled meeting date may be postponed to a later meeting in order to allow sufficient time for consideration and research of the issue. The board president and superintendent shall decide whether a request is within the subject matter jurisdiction of the board. Items not within the subject matter jurisdiction of the board may not be placed on the agenda. In addition, the board president and superintendent shall determine if the item is merely a request for information or whether the issue is covered by an existing policy or administrative regulation before placing the item on the agenda.
.XII. CONTINUATION OF PUBLIC COMMENTS
Quick Summary / Abstract:
A continuation of Section VIII, as needed. (If the number of persons wishing to address the Board of Education exceeds the time limit in section VIII, additional time will be provided in Section XVI, CONTINUATION OF PUBLIC COMMENTS.)
.XIII. BOARD MEMBER COMMENTS
Quick Summary / Abstract:
A Board member may make a brief announcement or report on his/her own activities relative to Board business. There can be no discussion under “BOARD MEMBER COMMENTS.”
Minutes:
Time start: 11:24 p.m. Time end: 11:25 p.m.

* Mr. Kean reminded everyone that the memorial service for Samohi teacher Jennifer Pust will be on Saturday in Barnum Hall. To illustrate the impact Ms. Pust had on her students and colleagues, Mr. Kean quoted a line from the musical Hamilton: “What is a legacy? It’s planting seeds in a garden you never get to see.”
.XIV. FUTURE AGENDA ITEMS
Quick Summary / Abstract:
Items for future consideration will be listed with the projected date of consideration. The Board of Education will be given any backup information available at this time.
.XV. ADJOURNMENT
Quick Summary / Abstract:

This meeting will adjourn to a special meeting scheduled for Tuesday, December 5, 2017, at 4:00 p.m. at the district office (1651 16th St., Santa Monica, CA). The next regular meeting is scheduled for Thursday, December 14, 2017, at 5:30 p.m. at the district office.

Minutes:
It was moved by Dr. Tahvildaran-Jesswein, seconded by Mr. Foster, and voted 6/0 (Ms. Leon-Vazquez was absent) to adjourn the meeting at 11:25 p.m. The next meeting is a regular meeting scheduled for Thursday, December 14, 2017, at 5:30 p.m. at the district office.
Disability Information:
The live stream of regular board meetings in progress are available online. Meetings in Malibu City Hall: https://www.youtube.com/user/CityofMalibu. Meetings at the district office: https://www.youtube.com/user/Citytv16santamonica. Meetings held at the District Office and in Malibu are taped and rebroadcast in Santa Monica on CityTV2, Cable Channel 20 – Check TV listing. Meetings are rebroadcast in Malibu on Government Access Ch. 3 every Saturday at 8pm. ---------------- In compliance with the Americans with Disabilities Act, for those requiring special assistance to access the board meeting room, to access written documents being discussed at the board meeting, or to otherwise participate at board meetings, please contact the superintendent’s office at 310.450.8338 for assistance. Notification at least 48 hours before the meeting will enable the district to make reasonable arrangements to ensure accessibility to the board meeting and to provide required accommodations, auxiliary aids or services.
11/16/2017 6:30:00 PM ( Original )
PresentMr. Oscar de la Torre
PresentMr. Craig Foster
PresentMr. Jon Kean
PresentMs. Maria Leon-Vazquez
PresentMs. Laurie Lieberman
PresentMr. Ralph Mechur
PresentDr. Richard Tahvildaran-Jesswein

The resubmit was successful.