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MEETING FORMAT "A"
Santa Monica-Malibu USD
May 03, 2018 5:30PM
Malibu City Council Chambers: 23825 Stuart Ranch Road, Malibu, CA The Board of Education will call the meeting to order at 4:30 p.m. in the Zuma Room, at which time the board will move to Closed Session regarding the items listed below. The public meeting will reconvene at 5:30 p.m. in the Council Chambers.

. CLOSED SESSION
Minutes:
Dr. Tahvildaran-Jesswein called closed session to order 4:36 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. Education Code §35146 and §48918(c) PUPIL HEARING (20-30 min)Confidential agenda item.
Quick Summary / Abstract:
  • Associated with Student Expulsion item(s) under Consent in Open Session
.II.B. Government Code §54956.9(d)(2) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION (15 min)Confidential agenda item.
Quick Summary / Abstract:
  • DN-1012-17/18 (Special Education)
  • DN-1013-17/18 (Special Education)
.II.C. Government Code §54957 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (5 min)Confidential agenda item.
.II.D. Government Code §54957 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT (10 min)Confidential agenda item.
Quick Summary / Abstract:
  • Title: Principal
  • Title: Director
.II.E. Government Code §54957.6 CONFERENCE WITH LABOR NEGOTIATORS (15 min)Confidential agenda item.
Quick Summary / Abstract:
  • Agency Designated Representative: Dr. Ben Drati
  • Employee Organizations: SMMCTA
. OPEN SESSION
.I. CALL TO ORDER
Minutes:
Dr. Tahvildaran-Jesswein called open session to order at 5:53 p.m.
.I.A. Roll Call
Minutes:
Present Oscar de la Torre – arrived at 5:10 p.m.
Present Craig Foster
Present Jon Kean
Present Maria Leon-Vazquez – arrived at 6:50 p.m.
Present Laurie Lieberman
Present Ralph Mechur – arrived at 5:10 p.m.
Present Dr. Richard Tahvildaran-Jesswein
.I.B. Pledge of Allegiance
Minutes:
Mr. Schmelzer and Mr. Blain, the current and upcoming student board members from Samohi, led the Pledge of Allegiance.
.II. APPROVAL OF THE AGENDA
Recommended Motion:

It is recommended that the Board of Education approve the May 3, 2018, regular meeting agenda.

Actions:
Motion

It is recommended that the Board of Education approve the May 3, 2018, regular meeting agenda.

Passed with a motion by Mr. Craig Foster and a second by Ms. Laurie Lieberman.
Vote:
Yes Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Absent Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Minutes:
The board agreed to discuss Item Nos. X.A-C simultaneously and to have this immediately follow Commendations/Recognitions. Item Nos. X.D-F will also be discussed simultaneously at the 7:05 p.m. time stamp. Item No. VIII.B.3 has been corrected. Item No. VIII.C.9 is a duplicate and will be pulled from the agenda. Item Nos. VIII.C.19-21 will be pulled from Consent and discussed later in the agenda.
.III. APPROVAL OF MINUTES
.III.A. Approve April 12, 2018, Minutes
Recommended Motion:

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

Actions:
Motion

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

Passed with a motion by Mr. Craig Foster and a second by Mr. Oscar de la Torre.
Vote:
Yes Mr. Oscar de la Torre.
Yes Mr. Craig Foster.
Yes Mr. Jon Kean.
Absent Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Attachments:
Minutes_041218
.IV. BOARD OF EDUCATION – COMMENDATIONS/RECOGNITIONS
.IV.A. 2017-18 Gatorade's Girls Cross Country Runner of the Year (5 min)
Comments:

This item was postponed from the March 15, 2018, board meeting.  

Minutes:
Time start: 6:01 p.m. Time end: 6:03 p.m.

Gail Pinsker, Community and Public Relations Officer, introduced Malibu High School student Claudia Lane, the 2017-18 CIF Southern Section Div 4 Individual and State Champ, Foot Locker National Champion All American, and Gatorade California Girls’ Cross Country Player of the Year. Ms. Lane was also the youngest member of Team USA at the 2018 Great Edinburgh XCountry Challenge in Scotland. The board presented Ms. Lane with a certificate.
.IV.B. Boys' and Girls' Club of Malibu Youth of the Year Award Recipients (15 min)
Minutes:
Time start: 6:03 p.m. Time end: 6:11 p.m.

Gail Pinsker, Community and Public Relations Officer, announced the Malibu Boys’ and Girls’ Club 2018 Youth of the Year Award recipients: Josue Garcia, Sabrina Carey, Emely Tario, Amy Jimenez, Axel Romero, Kelly Alvarez, and Travis Springer. All seven attend Malibu HS. Ms. Pinsker shared each student’s post-high school plans, and the board presented them with certificates.
.V. STUDY SESSION
Quick Summary / Abstract:
These items are staff presentations and/or updates to the Board of Education.
.VI. COMMUNICATIONS
Quick Summary / Abstract:
The Communications section provides an opportunity for the Board of Education to hear reports from the individuals or committee representatives listed below. All reports are limited to 5 minutes or less. However, if more time is necessary, or if a report will not be presented, please notify the Board secretary eight workdays prior to the date of the meeting.
.VI.A. Student Board Member Reports (15 min)
.VI.A.1. Santa Monica High School
Minutes:
Time start: 6:41 p.m. Time end: 6:44 p.m.

Mr. Schmelzer introduced Aidan Blain, the Samohi Student Board Member from Samohi for 2018-19. Mr. Schmelzer and Mr. Blain reported that AP tests start this coming up this Monday. Many sports have made it to CIF, including lacrosse and individuals from the track team. Prom is coming up, and students are “proposing” to each other. They explained how the Los Angeles Student Activist Coalition worked with other local high schools to coordinate walkouts on April 20 for the anniversary of the Columbine High School mass shooting. Leading up to and during the walkout, student leaders signed up their peers for voter pre-registration.
.VI.A.2. Malibu High School
Minutes:
Absent
.VI.A.3. Olympic High School
Minutes:
Absent
.VI.B. SMMCTA Update (5 min)
Minutes:
Time start: 6:44 p.m. Time end: 6:47 p.m.

Ms. Murawski delivered the report on behalf of Ms. Braff. Ms. Murawski reported that the administrator reviews will be collected from unit members by tomorrow. The union is holding elections for nine open positions on its executive board. The union supports the Malibu school merger, once the teachers’ educational and practical questions have been answered. The union supports the changes to BP and AR 5111.1. Unit members attended a professional development session in Washington, DC, last month, where they learned how to better support new teachers so that they can be more successful and so that they remain in our district. Ms. Murawski and some of her peers will be attending a social justice retreat soon. She congratulated the new Will Rogers Principal and Malibu Pathway Director.
.VI.C. SEIU Update (5 min)
Minutes:
Absent
.VI.D. PTA Council (5 min)
Minutes:
Time start: 6:47 p.m. Time end: 6:51 p.m.

Ms. Smith reported that the PTA Council’s annual honor awards service breakfast was this past week. Will Rogers hosted a districtwide a parent education night on child social and emotional wellbeing. The event was well-received and well-attended. Ms. Smith thanked Gail Pinsker for helping to spread the word about all of the PTA-sponsored districtwide events this year. About 700 students have been enrolled in Summer Adventure programs. She thanked our school and district administrators for carving out a space for PTA on each campus and at the district office, which she recently discovered, is not always the case for PTAs across the state. She reported that PTAs are busy preparing for upcoming culminations, promotions, and graduations. Dr. Tahvildaran-Jesswein, on behalf of the school board, thanked Ms. Smith for her service and dedication.
.VII. SUPERINTENDENT'S REPORT
Minutes:
No report
.VIII. CONSENT CALENDAR
Actions:
Motion
Passed with a motion by Ms. Laurie Lieberman 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.1-5, B.2-4, C.1-4, C.6-8, C.10-12, C.14-18, D.1-3, and E.1 listed under the Consent Calendar. The board pulled Item No. C.9 from the agenda completely, as it was a duplicate from a previous meeting. The board pulled Item Nos. B.1, C.5, C.13, C.19-C.21, and D.4-5and voted on them separately.

Time start: 6:51 p.m. Time end: 6:55 p.m.
.VIII.A. Curriculum and Instruction
.VIII.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.  

Financial Impact:
  • Contractor: School Services of California (SSC)
  • Dates: 12/01/17-12/31/18
  • Amount not to exceed: $35,000.00 + expenses @ $250/hr  $50,000.00 + expenses @ $250/hr
  • Description: Consulting services to provide for the equitable allocation of revenues under a unification reorganization plan, consistent with the aspirations of the District.
  • Site: Superintendent’s Office
  • Funding: 01-00000-0-00000-71500-5802-020-1200
  • (Amend not to exceed amount. Original contract for $35,000.00 approved on 01/08/18.)


  • Contractor:  Reading Writing Project
  • Dates: 07/16/18-07/19/18
  • Amount not to exceed:   $25,000.00
  • Description: Staff developers will instruct teachers to create reading workshop environments, assess readers, and better understand reading process, comprehension, fluency, teaching methods and reading units of study.
  • Site: Educational Services
  • Funding: 01-00030-0-11100-10000-5802-030-1300 (LCAP)
Comments:

These contracts are included in the 2017-18 budget. 

.VIII.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:
C & T 05/03/18
.VIII.A.3. Overnight Field Trip(s) 2017-18
Recommended Motion:

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

Financial Impact:
  • School: Santa Monica High School
  • Grade: 9th-12th
  • # of Students: 5
  • Destination: Clovis West High School, Fresno, CA
  • Dates: 05/17/18-05/20/18        
  • Principal/Teacher: A.Shelton/M.Flanders
  • Cost & Funding Source: $0 per student
  • Subject: Athletics
  • Purpose: State swimming championship


  • School: Santa Monica High School
  • Grade: 9th-12th
  • # of Students: 8
  • Destination: Atlanta Marriott Hotel, Atlanta, GA
  • Dates: 05/24/18-05/27/18      
  • Principal/Teacher: A.Shelton/I.Gaida
  • Cost & Funding Source: $550 per student / Fundraising and parent donations
  • Subject: Science
  • Purpose: National Quiz Bowl tournament


  • School: Santa Monica High School
  • Grade: 9th-12th
  • # of Students: 14
  • Destination: Mammoth Lakes, CA
  • Dates: 08/02/18-08/05/18            
  • Principal/Teacher: A.Shelton/T.Fischer
  • Cost & Funding Source: $200 per student / Fundraising and parent donations
  • Subject: Athletics
  • Purpose: Cross-country high altitude training and team building


  • School: Santa Monica High School
  • Grade: 9th-12th
  • # of Students: 14
  • Destination: Arizona Grande Sports World, Casa Grande, AZ
  • Dates: 09/28/18-09/30/18            
  • Principal/Teacher: A.Shelton/T.Fischer
  • Cost & Funding Source: $350 per student / Fundraising and parent donations
  • Subject: Athletics
  • Purpose: Desert Twilight Cross-Country race
Comments:

No child will be denied due to financial hardship. 

.VIII.A.4. Supplemental Textbooks
Recommended Motion:

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

Rationale:

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.

  • Every Day, by David Levithan, for summer reading 2018 for all 10th and 11th  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 12th  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 12th  grade students at Malibu High School and all 9th-12th 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. 
 
.VIII.A.5. 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
.VIII.B. Business and Fiscal
.VIII.B.1. Award of Purchase Orders
Recommended Motion:

It is recommended that the Board of Education approve the attached Purchase Orders and Changed Purchase Orders from March 21, 2018, through April 25, 2018, for fiscal /18.


Actions:
Motion

It is recommended that the Board of Education approve the attached Purchase Orders and Changed Purchase Orders from March 21, 2018, through April 25, 2018, for fiscal /18.


Passed with a motion by Mr. Ralph Mechur and a second by Ms. Laurie Lieberman.
Vote:
Absent Mr. Oscar de la Torre.
Absent Mr. Craig Foster.
Abstain Mr. Jon Kean.
Yes Ms. Maria Leon-Vazquez.
Yes Ms. Laurie Lieberman.
Yes Mr. Ralph Mechur.
Yes Dr. Richard Tahvildaran-Jesswein.
Minutes:
Time start: 9:04 p.m. Time end: 9:05 p.m.
Attachments:
Purchase Orders & Changed Purchase Orders
.VIII.B.2. Acceptance of Gifts - 2017/2018
Recommended Motion:

It is recommended that the Board of Education accept, with gratitude, checks totaling $46,583.67 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 $46,583.67 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 Reports 05/03/18
.VIII.B.3. Recommendation of Appointments To Fill Vacancies on the Financial Oversight Committee (FOC)
Recommended Motion:

The Board subcommittee supports the Financial Oversight Committee (FOC) recommendation that the Board of Education approve the appointments of Mr. Alex Farivar and Mr. Gordon Lee, and Mr. Manel Sweetmore to fill vacancies on the FOC for term commencing July 1, 2018, through June 30, 2021.

Comments:

At the April 18, 2018, FOC meeting, the committee unanimously passed a motion to recommend Mr. Alex Farivar and Mr. Gordon Lee, and Mr. Manel Sweetmore to the Board for consideration of appointment to the FOC for term commencing July 1, 2018 through June 30, 2021.  

The committee membership are as follows:

Term Ends 6/30/19

  • Seth Jacobson, Joan Krenik, Tom Larmore, Marc Levis-Fitzgerald

Term Ends 6/30/20

  • Michael Kremer, Shawn Landres, Debbie Mulvaney, Shelly Slaugh Nahass

Term Ends 6/30/21

  • Alex Farivar, Gordon Lee, Manel Sweetmore
.VIII.B.4. Amendment to Term Ending Date for Existing Members on the Bond Oversight Committee (BOC)
Recommended Motion:

It is recommended that the Board approve an amendment to correct the term length for Michael Dubin, Berenice Onofre, and Jeffrey Rosenfeld, existing members on the Bond Oversight Committee with terms ending June 30, 2020.  

Rationale:

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.
 
Comments:

The committee membership are as follows:

  • Category: Parent
  • # of Reps: 1
  • Current Member: Jeffrey Rosenfeld
  • Term Ends: 6/30/20
  • 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: 6/30/20
  • Category: Members at large
  • # of Reps: 2
  • Current Member: Charlie Yen & Michael Dubin
  • Term Ends: 6/30/19-Charlie Yen & 6/30/20-Michael Dubin
.VIII.C. Facilities Improvement Projects
.VIII.C.1. Project Assignment #1 – Architectural Design Services - Washington Child Development Center – Windows, Paint, Floors, Doors, HVAC & Fire Alarm Project – dsk Architects – Measure ES
Recommended Motion:

It is recommended that the Board of Education award project assignment #1 to dsk Architects to provide Architectural Design Services for Washington Child Development Center – Windows, Paint, Floors, Doors, HVAC & Fire Alarm Project in an amount not to exceed $88,685.00.

Rationale:

On April 20, 2017, the Board of Education approved issuance of a Master Services Agreement

(MSA) to three categories of Architectural Design firms. On March 19, 2018, the District issued a project specific RFP to the seven firms listed in category 1 (projects under $2M) for the Washington Child Development Center Windows, Paint, Floors, Doors, HVAC & Fire Alarm project. Proposals were due on April 11, 2018.  A total of five proposals were received from the following consultants:

  • Base
  • Chan Young Architects
  • dsk Architects
  • Sally Swanson
  • Struere

All five proposing architectural design consulting firms were deemed qualified through the

MSA review process, so all five proposals were reviewed.  FIP staff reviewed the proposals and the lump-sum costs and recommends the award of services to dsk Architects.   

In its proposal, dsk Architects stated that there is no known conflict of interest or any potential conflict of interest involving any District employee, consultant, or member of the Board of Education. dsk’s proposal of $88,685.00 is a lump-sum cost for the requested services, and monthly invoicing will be submitted for actual services performed in the previous month.  

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: ES  
  • Account Number: 85-90906-0-00000-85000-5802-070-2600
  • Description: Architectural Design Services
.VIII.C.2. Amendment #07 to Agreement - Pt. Dume Elementary, McKinley Elementary, Franklin Elementary - Windows, Paint, Floors & Doors Project. - Interior Roller Shade Removal/Re-Installation / SAMOHI-Discovery Building - Interim Housing - Heritage Window Coverings Inc. - Measure ESWas edited within 72 hours of the Meeting
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #07 with Heritage Window Coverings Inc. to supply and install interior roller shades at SAMOHI Interim Housing/Pt. Dume ES/McKinley ES/Franklin ES – Window, Paint, Floors & Doors Project, in an amount not to exceed $89,515.92 $93,555.92 for a total contract amount of $364,050.90 $368,090.92.


Rationale:

The Board of Education approved the award of Bid #16.09R during the December 10, 2015 meeting to Heritage Window Coverings Inc., for interior window roller shades Districtwide and established Mecho   Shades Systems as the District’s window covering standard.  

SMHS Interim Housing was created to provideswing space during construction.

Pt. Dume Elementary School/McKinley Elementary School/Franklin Elementary School. This Amendment is for shades affected by Window, Paint, Floors & Doors Project and to provide and install remaining shades throughout the campus to complete the project.

 It is recommended that the Board of Education award this contract amendment #07 to continue the Districtwide Mecho Shade project to Heritage Window Coverings, Inc., at SAMOHI Interim Housing, Pt. Dume ES, McKinley ES, Franklin ES. for the Windows Floor & Paint project in an amount not to exceed $89,515.92 $93,555.92.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source:  Measure ES
  • Fund: 85-90905-0-00000-85000-5890-019-2600 (Pt. Dume ES, $25,640.85 $25,500.30); 85-90905-0-00000-85000-5890-004-2600 (McKinley ES, $37,826.79); 85-90905-0-00000-85000-5890-002-2600 (Franklin ES, $20,288.83 $24,503.83); 85-90904-0-00000-85000-5890-015-2600 (SAMOHI Interim Housing, $5,759.45 $5,725.00)
  • Budget Category: Construction - Other Operating Expenditures

MEASURE ES FUNDING:

  • ORIGINAL CONTRACT – Cabrillo ES, Grant ES & WRLC: $107,540.00
  • CONTRACT AMENDMENT #01 – Cabrillo Es, Rogers ES, Grant  ES- WF&P: $11,865.00
  • CONTRACT AMENDMENT #02 - MMHS – Bungalows: $9,790.00
  • CONTRACT AMENDMENT #03 – Rogers ES/Grant ES/Roosevelt ES/Webster ES: $101,225.00­­­­
  • CONTRACT AMENDMENT #04 - Malibu High School: $1,855.00
  • CONTRACT AMENDMENT #05 – Webster E.S. $38,470.00
  • CONTRACT AMENDMENT #06 – Rogers E.S. $3,790.00
  • CONTRACT AMENDMENT #07 – SAMOHI Interim Housing/Pt. Dume ES/Mckinley ES/Franklin ES -$89,515.92
  • TOTAL CONTRACT AMOUNT: $364,050.90
.VIII.C.3. Accept Work as Complete – 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: Malibu Middle High School
  • Project: Campus Improvements Project
  • Funding: Measure BB                        
  • Vendor Name: Simplex Grinnell Inc.
  • PO Number: 141305
  • Amount: $44,713.16
  • Substantial Completion Date: 11/16/17


  • School: Santa Monica High School
  • Project: Discovery Building Project
  • Funding: Measure ES            
  • Vendor Name: EcoBuild Inc.
  • PO Number: 186675
  • Amount: $24,970.00
  • Substantial Completion Date: 4/6/18


  • School: Santa Monica High School
  • Project: Science & Technology Bldg & Site Improvements Project
  • Funding: Measure BB            
  • Vendor Name: Korade & Associate Builders Inc.
  • PO Number: 153799
  • Amount: $44,876.00
  • Substantial Completion Date: 2/15/17
.VIII.C.4. Amendment #02 to Agreement – Malibu Middle & High School, Webster Elementary School and Olympic Campus Modernization Project – Move Management Services – King Office Services - Measure BB and ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #02 with King Office Services to provide additional Move Management Services for the Malibu Middle & High School Windows, Paint, Floors and Doors Building G project, Webster Elementary School Windows, Paint, Floors and Doors project and Olympic High School – Modernization Project in the amount of $92,538.18 for a total contract amount of $525,143.41.

Rationale:

The District requested additional move services due to revised construction schedules for the Malibu Middle & High School – Windows, Paint, Floors and Doors Building G project, Webster Elementary School – Windows, Paint, Floors and Doors project and Olympic High School – Modernization Phase 3 & Phase 4 projects.

  • Proposal – Webster Elementary School – WPFD – ES - $34,000.10
  • Proposal - Malibu Middle School – ES - Building G: $7,726.25
  • Proposal - Olympic Campus Modernization Project – Phase 3 – Move 2 - BB: $24,129.30
  • Proposal - Olympic Campus Modernization Project – Phase 3 – Move 3 - BB: $10,006.53
  • Proposal - Olympic Campus Modernization Project – Phase 4 - BB: $16,676.00
 
Financial Impact:

Funding Information

  • Budgeted: No                       
  • Fund: 85 & 83
  • Source: Measure BB & Measure ES
  • Account Number: 85-90905-0-00000-85000-5802-0008-2600 (Webster WPFD - $34,000.10); 85-90905-0-00000-85000-5802-010-2600 (MMHS WPFD Bldg G - $7,726.25); 83-90500-0-00000-85000-5802-014-2600 (Olympic HS – Phase 3 & Phase 4 - $50,811.83)
  • Budget Category: Other Services/Operating Expenditures


MEASURE BB AND ES FUNDING:

  • Original Contract: $361,417.40
  • Contract Amendment #01 – MMHS, Olympic: $71,187.83
  • Contract Amendment #02 – MMHS, Webster & Olympic: $92,538.18 
  • TOTAL CONTRACT AMOUNT: $525,143.41
.VIII.C.5. Award of Agreement – Architectural Services - 1515 Maple Street (Adjacent to Will Rogers) – Demolition Project – Struere – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve an agreement for Architectural Services to Struere for the Church Property located at 1515 Maple Street, Santa Monica, CA 90405 in an amount not to exceed $44,300.00 including reimbursable expenses.

Actions:
Motion

It is recommended that the Board of Education approve an agreement for Architectural Services to Struere for the Church Property located at 1515 Maple Street, Santa Monica, CA 90405 in an amount not to exceed $44,300.00 including reimbursable expenses.

Passed with a motion by Ms. Maria Leon-Vazquez and a second by Ms. Laurie Lieberman.
Vote:
Yes Mr. Oscar de la Torre.
Absent 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.
Rationale:

The District recently purchased the property located at 1515 Maple Street, Santa Monica, CA where a small church and preschool structures are located. The District wishes to demolish the existing structures on that site.  Struere has been asked to provide Architectural Services to prepare demolition drawings which will include demolition, rough grading with a gravel topping, re-slurry of the existing parking lot, and perimeter fence.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 86
  • Source: ES
  • Account Number86-90912-0-00000-85000-5802-006-2600
  • Description: Soft Costs \ Design Services \ Architects
Minutes:
Time start: 7:13 p.m. Time end: 7:24 p.m.
Time start: 9:05 p.m. Time end: 9:11 p.m.

Public Comments:
* Rebecca Sprigg addressed the board regarding this item.

Staff answered board members’ questions regarding any future plans for the space as well as public input. Mr. Mechur requested that before any demolition continues, the district will discuss potential next steps for plans moving forward.
.VIII.C.6. Award of Contract – Santa Monica High School – Discovery Building Project – Bid #18.13.ES – AMPCO Contracting, Inc. - Measure ES
Recommended Motion:

It is recommended that the Board of Education award a contract for Bid #18.13.ES for Demolition of the Science & Technology Buildings at Santa Monica High School – Discovery Building Project to AMPCO Contracting, Inc., in an amount not to exceed $3,954,000.00.

Rationale:

The District publicly bid the Discovery Building Project – Demolition of the Science & Technology Buildings Bid #18.13.ES, on February 7, 2018. Legal advertisement of the notice inviting bids was published in The Daily Breeze and The Santa Monica Daily Press and ran on February 7, 2018 and February 14, 2018. The notice inviting bids was sent to 143 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 February 20, 2018, and 18 contractors attended. Bids were received and publicly opened on April 4, 2018. Three bids were received as noted below, which included a base bid and one alternate:

  1. AMPCO Contracting, Inc. – Base bid $3,954,000.00 – Alternate $593,000 – Total $4,547,000.00
  2. Woodcliff Corporation – Base bid $4,960,000.00 – Alternate $680,000 – Total $5,640,000.00
  3. USS Cal Builders – Base bid $6,578,000.00 – Alternate $650,000 – Total $7,228,000.00

Staff reviewed the bids for responsiveness. The Notice of Intent to award was issued to AMPCO Contracting, Inc. on April 10, 2018, for the total base bid amount only, as no alternate will be awarded.  

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number: 85-90904-0-00000-85000-6200-015-2600
  • Budget Category: Construction Contract
.VIII.C.7. Award of Agreement – Santa Monica High School – Discovery Building Project – Move Management Services – King Office Services - Measure ES
Recommended Motion:

It is recommended that the Board of Education award an agreement to King Office Services for the Santa Monica High School – Discovery Building Project Interim Housing move in an amount not to exceed $44,070.40.

Rationale:

The District requested that King Office Services provide a proposal for the move management services as King has performed all move services for the bond program.  King will move staff out of current spaces into the interim housing as the site is preparing for the construction of the Discovery Building project.  The proposal received for the services requested is based on time and materials, which includes contingency, and will not exceed $44,070.40.

It is recommend that the Board of Education award the agreement to King Office Services in an amount not to exceed $44,070.40.

 
Financial Impact:

Funding Information

  • Budgeted: Yes                      
  • Fund: 85
  • Source: Measure ES
  • Account Number85-90905-0-00000-85000-5802-015-2600
  • Budget Category: Other Services/Operating Expenditures-Move Management
.VIII.C.8. Award of Agreement – Santa Monica High School – Discovery Building Project – IT Move Management Services – Direct Source Communications Inc. - Measure ES
Recommended Motion:

It is recommended that the Board of Education award an agreement to Direct Source Communications Inc. for the Santa Monica High School – Discovery Building Project Interim Housing move in an amount not to exceed $4,719.00.

Rationale:

The District requested that Direct Source Communications Inc., provide a proposal for the IT move management services as Direct Source, has performed all the IT move services for the bond program.  Direct Source will move computers, phones, printers, copiers and COWs out of current spaces into the interim housing as the site is preparing for the construction of the Discovery Building project.  The proposal received for the services requested is based on time and materials and will not exceed $4,719.00

It is recommend that the Board of Education award the agreement to Direct Source Communications Inc., in an amount not to exceed $4,719.00.

 
Financial Impact:

Funding Information

  • Budgeted: Yes                      
  • Fund: 85
  • Source: Measure ES
  • Account Number85-90904-0-00000-85000-5802-015-2600
  • Budget Category: Other Services/Operating Expenditures/Move Management
.VIII.C.9. Award of Agreement –– Santa Monica High School – Discovery Building – Amendment of EIR - Professional Services – Placeworks - Measure ES
Recommended Motion:

It is recommended that the Board of Education approve an Agreement with Placeworks to produce an amendment to the Environmental Impact Report for the Science and Technologies Development for Santa Monica High School – Discovery Building in an amount not to exceed $19,954.00.

Rationale:

Placeworks will provide services to develop and submit an amendment to the 2011 EIR, which was filed for the Samohi: Science & Technology Building & Site Improvements Project. The amendment is necessary to provide for the export of additional dirt to complete the work originally envisioned during the demolition of the Science and Technologies Buildings, to allow for the relocation of utilities.  

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85-90904-0-00000-85000-5802-015-2600
  • Source: Measure ES
  • Budget Category: Soft Costs \ Environmental Report

MEASURE ES FUNDING:

  • ORIGINAL CONTRACT AMOUNT: $19,954.00
  • TOTAL CONTRACT AMOUNT: $19,954.00
.VIII.C.10. Contract Amendment #19 – Santa Monica High School – Discovery Building Project – Professional Geotechnical Services – Leighton Consulting, Inc. - Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #19 to Leighton Consulting Inc. for Santa Monica High School – Discovery Project for: subterranean investigation of existing retaining wall footings and utilities; Specialist inspection services for the Interim Housing; and Additional Budget request for Samohi Campus, in an amount not to exceed $61,332.00 for total contract amount of $395,900.00.

Rationale:

Leighton’s additional scope of work for field investigation of existing conditions includes: the location and documentation of existing utilities to ascertain their precise location; and depth and to investigate existing retaining wall foundations in and around the vicinity of the new Discovery Building. This information is required for the finalization of the civil design for the new structure.

Leighton’s scope of work for the Interim Housing work included: Special inspection for the fabrication and installation of the modular classroom’s and restrooms for Interim Housing, installed to accommodate classes while the Discovery Building is under construction.

Leighton’s request for additional budget includes the reimbursement of CGS fees and providing supplemental professional services.

The summary of these expenses are as follows:

  • Field investigation of existing conditions: $41,463.00     
  • Interim Housing Inspection Services: $5,949.00
  • Request for additional budget: $13,920.00 
  • TOTAL: $61,332.00
 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85-90904-0-00000-85000-5802-015-2600
  • Source: Measure ES
  • Budget Category: Soft Costs \ Environmental Tests \ Geo Engineering and Material Testing
  • DSA #: 03-117787

MEASURE ES FUNDING:

  • ORIGINAL CONTRACT AMOUNT - Campus Plan Project: $16,335
  • CONTRACT AMENDMENT #01 - Sealy Field & Stairway & Sidewalk: $8,190
  • CONTRACT AMENDMENT #02 - Stairway & Sidewalk Geotech and LOR: $12,370
  • CONTRACT AMENDMENT #03 - SCP Phs 1&2 Geotechnical Report: $32,722
  • CONTRACT AMENDMENT #04 - Stockpile and Tennis Courts: $23,317
  • CONTRACT AMENDMENT #05 - Sealy Field Pjt.: $21,039
  • CONTRACT AMENDMENT #06 – Lincoln Track and Field $47,356
  • CONTRACT AMENDMENT #07 – Stair and Ramp: $16,740
  • CONTRACT AMENDMENT #08 – Sealy Field: $19,410
  • CONTRACT AMENDMENT #09 - Business Bld. Stairway welding/Inspect: $2,693
  • CONTRACT AMENDMENT #10 – Archeological Assessment for CEQA: $26,202
  • CONTRACT AMENDMENT #11 - Samohi New Ph 1 & 2 subterranean pkg: $19,168.00
  • CONTRACT AMENDMENT #12 – Native American Monitoring Services for CEQA: $5,160.00
  • CONTRACT AMENDMENT #13 – Supplemental Earthworks Testing- Sealy Field: $15,280.00
  • CONTRACT AMENDMENT #14 – Pico Gate Welding Inspection: $2,813.00
  • CONTRACT AMENDMENT #15 – MHS FIG&D WPFD- Geotech, Inspect, Mat. Test Services: $20,937
  • CONTRACT AMENDMENT #16 – Samohi Paleo Report – CEQA: $6,000
  • CONTRACT AMENDMENT #17 – Lincoln Geotech: $20,395.00
  • CONTRACT AMENDMENT #18 – Lincoln MS Geotech Added work: $18,441.00
  • CONTRACT AMENDMENT #19 – Samohi Discovery Investigation: $61,332.00
  • TOTAL CONTRACT AMOUNT: $395,900.00
.VIII.C.11. Amendment #14 to Agreement - Architectural Services - Santa Monica High School – Samohi Campus Plan Project (SCP) – Campus Wide Data Trace - Chan Young Architects – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #14 with Chan Young Architects to provide architectural and engineering services to produce a comprehensive plan of the existing low-voltage & underground data infrastructure - Samohi Campus Plan (SCP), in an amount not to exceed $43,710.00 for a total contract amount of $1,742,127.47. 

Rationale:

The existing information of the low voltage and underground data infrastructure is inadequate and needs to be accurately detailed to understand the source, destination and route for every data feed campus wide. This is imperative for the design of each of the phases of the SCP to ensure the continuity of data services.

CY Architects will contract with Pinnacle to do all of the trace work and to create a map of the campus that can be used by all designers.  

The tracing will include fiber for data, copper for tel, fire alarm, PA, Master Clock, CATV and Security.
 
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\Design Service\Architects


MEASURE ES FUNDING:

  • Original Contract Amount - Samohi Campus Plan: $129,140.00
  • Contract Amendment #01 - Sealy Field: $272,682.00
  • Contract Amendment #02 - Sealy Field: $8,000.00
  • Contract Amendment #03 - Sealy Field: $89,874.00
  • Contract Amendment #04 - Samohi Campus Plan: $92,928.00
  • Contract Amendment #05 - Interim Repairs/Upgrades & HVAC: $652,480.20
  • Contract Amendment #06 - Olympic Spur: $129,257.08
  • Contract Amendment #07 – Tennis Court Repair: $12,500
  • Contract Amendment #08 – Sealy and Football Field Lighting: $23,980.00
  • Contract Amendment #09 – SCP T&M: $25,000.00
  • Contract Amendment #10 – Fire Dampers and Pool Ventilation: $25,759.34
  • Contract Amendment #11 – Mods to Utility Building & Olympic Spur: $57,505.85
  • Contract Amendment #12 – Sealy Field Modifications: $13,034.00
  • Contract Amendment #13 – Site Design Guidelines and Signage/Wayfinding: $166,277.00
  • Contract Amendment #14 – LV OSP Trace Services: $43,710.00
  • TOTAL CONTRACT AMOUNT: $1,742,127.47
.VIII.C.12. Accept Work as Completed – Malibu Middle & High School – Campus Improvements Project – Track Replacement – Beynon Sports Surfaces, Inc. – Measure BB
Recommended Motion:

It is recommended that the Board of Education accept as completed all construction under the contract issued to Beynon Sports Surfaces, Inc. for the Malibu Middle & High School – Campus Improvements Project - Track Replacement with a final contract amount of $382,500.00.

Rationale:

At the May 4, 2017, the Santa Monica-Malibu Unified School District Board of Education awarded a contract to Beynon Sports, Inc., in the amount of $382,500.00. The total contract amount includes $342,500.00 in construction/installation work and $40,000 in the fast track ongoing maintenance program that will be completed over the next 5 years.

The Substantial Completion date is hereby established as Monday, July 24, 2017, and Final Completion date as Monday, July 24, 2017.

 In order to facilitate the release of final payment, a Notice of Completion must be filed 35 days after Substantial Completion with the County of Los Angeles pending approval by the Board of Education.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 83
  • Source: Measure BB
  • Account Number: 83-90500-0-00000-85000-6200-010-2600
  • Budget Category: Construction Contracts
.VIII.C.13. Amendment #12 to Agreement – Malibu Middle & High School – Window, Paint, Floors and Doors Project - Architectural Services - HMC Architects – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #12 with HMC Architects for Malibu Middle & High School –Window, Paint, Floors and Doors Project in an amount not to exceed $87,000.00 for a total contract amount of $3,008,348.10.

Actions:
Motion

It is recommended that the Board of Education approve Contract Amendment #12 with HMC Architects for Malibu Middle & High School –Window, Paint, Floors and Doors Project in an amount not to exceed $87,000.00 for a total contract amount of $3,008,348.10.

Passed with a motion by Ms. Maria Leon-Vazquez and a second by Ms. Laurie Lieberman.
Vote:
Yes Mr. Oscar de la Torre.
Absent 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.
Rationale:
In order to remove and replace PCB contaminated brick at the existing louvers, doors and windows on the west, south, and north elevations of Building D, HMC has been asked to provide a structural design and procedure for the replacement of masonry, including sharing, while maintaining the structural integrity of the building.
 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number: 85-90905-0-00000-85000-5802-010-2600
  • Project: Building D HVAC Project
  • Budget Category: Soft Costs \ Design Services \ Architects

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
  • CONTRACT AMENDMENT #10 - WPFD – MMHS & Will Rogers: $111,750.00
  • CONTRACT AMENDMENT #11 - HVAC – MMHS: $45,320.00
  • CONTRACT AMENDMENT #12 - WPFD – MMHS: $87,000.00
  • TOTAL CONTRACT AMOUNT: $3,008,348.10
Minutes:
Time start: 9:11 p.m. Time end: 9:12 p.m.
.VIII.C.14. Change Order #02 – Lincoln Middle School – Field and Track Replacement Project – Construction Contract Bid #17.13.ES.R1 – Angeles Contractor, Inc. – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Change Order #02 with Angeles Contractor, Inc. for the Lincoln Middle School – Field and Track Replacement Project in the amount of ($67,291.00) for a reduced total contract amount of $4,122,449.69. 

Rationale:

At the June 29, 2017, Board of Education Meeting, the contract for the Lincoln Middle School Field Replacement Project was awarded to Angeles Contractor, Inc. in the amount of $4,092,000.  One change order in the amount of $97,740.69 was subsequently approved and increased the contract amount to $4,189,740.69.

Due to a surveying error by the Contractor, revisions to the original project documents were made to correct the error and salvage, where possible, site improvements already constructed.  Contractor agreed to reimburse the District for all re-design costs incurred.  These re-design costs total $58,470 and are being back charged to the Contractor. 

Contractor also requested multiple inspection and testing services and then failed the tests/inspections, were not ready at the time specified by the Contractor in the request for testing/inspection, or requested the on-site presence of a lab technician or District Contractor to conduct continuous testing and inspection for expedited acceptance.  To date, the District has incurred an additional $8,821 in testing/inspection and/or standby costs to provide the requested services.  These costs are being back charged to the Contractor.

The total amount of back charges to be credited the District with this change order is ($67,291).

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number: 85-90908-0-00000-85000-6200-012-2600
  • Budget Category: Construction Contracts
  • DSA #: 03-117787

MEASURE ES FUNDING:

  • ORIGINAL CONTRACT AMOUNT - $4,092,000.00
  • CHANGE ORDER NO. 1 - $97,740.69
  • CHANGE ORDER NO. 2 - ($67,291.00)             
  • TOTAL CONTRACT AMOUNT:  $4,122,449.69
.VIII.C.15. Amendment #4 to Agreement - Lincoln Middle School – Field and Track Replacement Project - Architectural Services - DLR Group – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #4 with DLR Group to provide additional design services for the Lincoln Middle School - Field and Track Replacement Project in amount not to exceed $58,470.00 for a total contract amount of $414,589.00. 

Rationale:

The District requested DLR Group provide additional design services needed to re-design the track and adjacent concrete hardscape to accommodate an error by the Contractor’s surveyor and salvage as much of the existing construction work as possible. 

 Contractor agreed to reimburse District for all re-design costs incurred.  DLR submitted two proposals, totaling $58,470, to provide the required re-design services.  Contractor was provided copies of the proposals for review and has taken no exception to the amounts proposed.

 A $58,470.00 credit/back charge for reimbursement of these services has been included as a part of the credit in Contractor’s Change Order #2 and will be applied against Contractor’s Pay App #9.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: Measure ES
  • Account Number: 85-90908-0-00000-85000-5802-012-2600
  • Budget Category: Soft Costs\Design Service\Architects

MEASURE ES FUNDING:

  • ORIGINAL CONTRACT (LMS – Field & Track Project) $198,781.00
  • CONTRACT AMENDMENT #1 (LMS – Add’l Design Services) $128,780.00       
  • CONTRACT AMENDMENT #2 (LMS – Cost Estimating Services) $9,108.00
  • CONTRACT AMENDMENT #3 (LMS – Add’l Design Services) 19,450.00
  • CONTRACT AMENDMENT #4 (LMS – Add’l Design Services) 58,470.00 
  • TOTAL CONTRACT AMOUNT: $414,589.00
.VIII.C.16. Amendment #24 to Agreement – John Adams Middle School – Performing Arts Complex Project Environmental Survey Services – Alta Environmental – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #24 with Alta Environmental for environmental survey and abatement plan for John Adams Middle School – Performing Arts Complex Project in an amount not to exceed $16,073.50 for a total contract amount of $1,544,352.18.

Rationale:

Alta Environmental has been requested to provide consultant services to survey hazardous materials, including lead-based paints, asbestos and Polychlorinated Biphenyl (PCBs), on walls, floors, and ceilings of the JAMS Auditorium and to create a work plan for abatement and disposal of these materials per current Local, State and Federal Regulations: $6,611.25 for Asbestos and Lead and $9,462.25 for PCBs, for a total of $16,073.50.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90907-0-00000-85000-5802-011-2600
  • 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 (50% BB & 50% ES)
  • CA #23 – Franklin & Pt. Dume –WPF and HVAC: $146,928.50
  • CA #24 – JAMS – Building J Survey and Abatement Plan Asbestos, Lead, PCB $16,073.50
  • TOTAL CONTRACT AMOUNT: $1,544,352.18
.VIII.C.17. Amendment #09 to Agreement – Franklin Elementary School and Point Dume Elementary School – Window, Paint, Floors & Doors Project – Geotechnical and Materials Testing Services - Converse Consultants – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #09 with Converse Consultants to provide additional geotechnical and materials testing services for Franklin Elementary School and Point Dume Elementary School – Window, Paint, Floors & Doors Project in an amount not to exceed $105,304.00 for a total contract amount of $280,720.50.

Rationale:

Converse Consultants has been requested to perform the following Testing and Special Inspections per the DSA approved List of Required Structural Tests and Special Inspections DSA form 103 (2016 CBC):

  • Soils: Inspect the bottom of foundation excavations, perform in place density tests for compaction compliance and provide fill placement inspection.
  • Concrete: Review Concrete Mix Designs & Product Mill Certificates, Perform Batch Plant Inspection. Review Batch tickets, Inspect concrete placement and test concrete slump.
  • Reinforcing Steel and Structural Steel: Review material ID/Mill Certs, Sample and test rebar, inspect welds, verify welding procedures, inspect welded rebar, provide fabrication shop welding inspection & testing, conduct high strength bolt inspection and test bolts, nuts & washers, conduct non-destructive testing and prepare reports summarizing all observations & test results.  
 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90905-0-00000-85000-5802-002-2600 (Franklin ES - $59,556.00); 85-90905-0-00000-85000-5802-019-2600 (Point Dume ES - $45,748.00)
  • Budget Category: Soft Costs / Testing & Inspection / Materials Lab

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 Geotech survey: $3,444.20
  • CA#08 – JAMS, PAC Geotech work plan: $1,495.00
  • CA#09 – Franklin & Point Dume, WFPD+HVAC+FA: $105,304.00
  • Total Contract: $280,720.50
.VIII.C.18. Amendment #08 to Agreement – John Adams Middle School – Performing Arts Complex Project – Geotechnical Services - Converse Consultants – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #08 with Converse Consultants to provide additional geotechnical services for John Adams Middle School – Performing Arts Complex Project in an amount not to exceed $1,495.50 for a total contract amount of $175,416.50.

Rationale:

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 preparation of a work plan detailing procedures for the removal of lead-impacted soil on the project site.

 
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, 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
  • CA#08 – JAMS, PAC: $1,495.50  
  • Total Contract: $175,416.50
.VIII.C.19. Amendment #04 to Agreement – Architectural Design Services – Malibu Schools Realignment at Point Dume Marine Science School – dsk Architects – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #4 with dsk Architects to provide architectural and engineering design services for Malibu Schools Realignment at Point Dume Marine Science School - in an amount not to exceed $66,910.00 for a total contract amount of $844,257.00.

Actions:
Motion

It is recommended that the Board of Education approve Contract Amendment #4 with dsk Architects to provide architectural and engineering design services for Malibu Schools Realignment at Point Dume Marine Science School - in an amount not to exceed $66,910.00 for a total contract amount of $844,257.00.

Passed with a motion by Mr. Craig Foster and a second by Ms. Laurie Lieberman.
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.
Rationale:

In furtherance of the District’s goal of realigning schools in Malibu, staff has requested that dsk Architects provide a proposal to provide architectural and engineering design services for a project that would involve placing 5 portable classroom buildings and two restrooms on the Point Dume campus in order to accommodate a consolidation of Juan Cabrillo Elementary School and Point Dume Marine Science School.

dsk is the current architect at Point Dume for the WPFD project and as such, is familiar with the site and its needs.  In addition, dsk has participated in numerous scoping and siting meetings regarding the proposed project.  The proposed amendment is in the amount of $66,910, which includes reimbursable expenses of $3,186.

 
Financial Impact:

Funding Information 

  • Budgeted: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90905-0-00000-85000-5802-019-2600 – $66,910.00
  • Budget Category: Soft Costs/AE Design Services

MEASURE ES Funding:

  • ORIGINAL CONTRACT - Pt. Dume & Franklin WPFD: $424,555.00
  • CA #01 - Pt. Dume & Franklin HVAC: 289,785.00
  • CA #02 - Pt. Dume HVAC, Franklin ADA: 28,245.00
  • CA #03 - Pt. Dume Elect, Franklin FA: 34,762.00
  • CA #04 – Malibu Schools Realignment at Point Dume: 66,910.00
  • TOTAL CONTRACT AMOUNT: $844,257.00
.VIII.C.20. Award of Agreement – Malibu Schools Realignment at Point Dume Marine Science School –Traffic Impact/Circulation Analysis – KOA Corporation – Measure ES
Recommended Motion:

It is recommended that the Board of Education award an agreement to KOA Corporation to prepare a traffic analysis/circulation study related to the proposed relocation of students from Juan Cabrillo Elementary School to Pt Dume Marine Science Elementary School in an amount not to exceed $15,200.

Actions:
Motion

It is recommended that the Board of Education award an agreement to KOA Corporation to prepare a traffic analysis/circulation study related to the proposed relocation of students from Juan Cabrillo Elementary School to Pt Dume Marine Science Elementary School in an amount not to exceed $15,200.

Passed with a motion by Mr. Craig Foster and a second by Ms. Laurie Lieberman.
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.
Rationale:

The District is considering a relocation of students from Juan Cabrillo Elementary School to Pt Dume Marine Science Elementary School and has identified the potential traffic impacts of such a move as a major concern to the surrounding community.  In order to determine the impacts and any necessary mitigation measures, staff has requested a proposal from KOA to provide Traffic Impact and Circulation Analysis services.

KOA is a traffic planning and engineering firm, and they have proposed to prepare a traffic impact/circulation analysis for this potential move. The analysis will include data collection in the field and analysis of existing and proposed conditions. KOA will produce a traffic technical study for the District.

Staff reviewed the proposal and determined that KOA is qualified. It is recommended that KOA Corporation be awarded an agreement based on pricing and qualifications in an amount not to exceed $15,200.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90905-0-00000-85000-5802-019-2600
  • Budget Category: Professional Services
.VIII.C.21. Amendment #08 to Agreement – Malibu Schools Realignment at Point Dume Marine Science School – Topographic Survey Services – Psomas – Measure ES
Recommended Motion:

It is recommended that the Board of Education approve Contract Amendment #08 #09 with Psomas for Malibu Schools Realignment at Point Dume Marine Science Elementary School – in an amount not to exceed $28,000.00 for a total contract amount of $128,535.00. 

Actions:
Motion

It is recommended that the Board of Education approve Contract Amendment #08 #09 with Psomas for Malibu Schools Realignment at Point Dume Marine Science Elementary School – in an amount not to exceed $28,000.00 for a total contract amount of $128,535.00. 

Passed with a motion by Mr. Craig Foster and a second by Ms. Laurie Lieberman.
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.
Rationale:

In furtherance of the District’s goal of realigning schools in Malibu, staff has requested that Psomas provide a proposal to provide topographic survey services for a project that would involve placing 5 portable classroom buildings and two restrooms on the Point Dume campus in order to accommodate a consolidation of Juan Cabrillo Elementary School and Point Dume Marine Science School.

The proposed amendment is in the amount of $28,000 and involves providing a topographic survey of the entire school site.

 
Financial Impact:

Funding Information

  • Budgeted: Yes
  • Fund: 85
  • Source: ES
  • Account Number: 85-90905-0-00000-85000-5802-019-2600
  • Budget Category: Soft Costs/Surveys & Engineering

MEASURE ES FUNDING:

  • Original Contract Amount - Samohi – Sealy Field: $5,500.00
  • Contract Amendment #01 - JAMS - Complex, Addt’l Survey: $16,500.00
  • Contract Amendment #02 - Samohi - Addt’l Survey: $4,500.00
  • Contract Amendment #03 - Samohi – Addt’l Survey for New Blg: $11,500.00
  • Contract Amendment #04 – JAMS – Field Replacement: $7,500.00
  • Contract Amendment #05 - Samohi – Addt’l Survey for Discovery Blg: $10,000.00
  • Contract Amendment #06 - Samohi – Vacation and Recording Easements: $32,000.00
  • Contract Amendment #07 – Rogers – Church Property Survey $13,035.00
  • Contract Amendment #08 – Pt Dume – Topographic Survey $28,000.00 
  • TOTAL CONTRACT AMOUNT: $128,535.00

.VIII.D. Personnel
.VIII.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
.VIII.D.2. Classified Personnel - Merit
Recommended Motion:

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

Comments:

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

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

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

Comments:

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

Attachments:
Classified - Non-Merit
.VIII.D.4. Establish New Position/FTE - Director, Malibu Pathway
Recommended Motion:

It is recommended that the Board of Education establish a new position: Director, Malibu Pathway, to oversee district functions in Malibu, support Malibu school sites, and serve as a liaison to the Superintendent and District departments for the needs of Malibu area schools.

Actions:
Motion

It is recommended that the Board of Education establish a new position: Director, Malibu Pathway, to oversee district functions in Malibu, support Malibu school sites, and serve as a liaison to the Superintendent and District departments for the needs of Malibu area schools.

Passed with a motion by Mr. Craig Foster and a second by Mr. Ralph Mechur.
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.
Financial Impact:

Salary and benefits for the Director, Malibu Pathway will be included in the proposed 2018-2019 budget.

Comments:

In order to best serve the needs of the Malibu schools, to facilitate short and long-term planning, and to support a mutually-collaborative relationship between the District and the Malibu schools, it is necessary to establish a new position - Director, Malibu Pathway.

Under the professional direction of the Superintendent or designee, the Director, Malibu Pathway, will build a shared vision for the Malibu schools by collaborating with principals, District staff, parents, community leaders and other members of the community.  The Director will plan, organize, manage and facilitate the academic, instructional, student support, operations and fiscal activities in accordance with Superintendent and Board of Education goals, initiatives, policies, regulations and applicable laws.  The Director will engage multiple stakeholders in visioning, planning and implementing educational programs and facilities master planning.  The Director will serve as a liaison between the Superintendent, Board of Education and the Malibu community, and will identify interests and issues that are unique to Malibu.  (See attached job description.)

This position will have a 222-day work calendar and be compensated at Range 66 on the SMMUSD Management Salary Schedule.

Minutes:
Time start: 6:57 p.m. Time end: 7:11 p.m.

The board approve Item Nos. VIII.D.4-5 simultaneously. Dr. Drati explained the rationale behind the director position and then introduced Mr. Isaac Burgess, who will fill the position of Director of the Malibu Pathway. Mr. Burgess thanked the superintendent and board for the opportunity, and said he was looking forward to establishing positive relationships and partnerships with the community.
Attachments:
Director, Malibu Pathway Job Description_revised
.VIII.D.5. Administrative Appointment
Recommended Motion:

It is recommended that the Board of Education approve the administrative appointments listed below.

Actions:
Motion

It is recommended that the Board of Education approve the administrative appointments listed below.

Passed with a motion by Mr. Craig Foster and a second by Mr. Ralph Mechur.
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.
Comments:

CERTIFICATED APPOINTMENTS:

  • Principal, Will Rogers Learning Community  (effective July 1, 2018)
  • Director, Malibu Pathway (effective July 1, 2018)
Minutes:
Time start: 6:57 p.m. Time end: 7:11 p.m.

The board approve Item Nos. VIII.D.4-5 simultaneously. Dr. Drati explained the rationale behind the director position and then introduced Mr. Isaac Burgess, who will fill the position of Director of the Malibu Pathway. Mr. Burgess thanked the superintendent and board for the opportunity, and said he was looking forward to establishing positive relationships and partnerships with the community. Dr. Drati then announced that Mr. Ryan Bourke would serve as the new Principal of Will Rogers Learning Community.
.VIII.E. General
.VIII.E.1. Expulsion of Student (B/D 09/23/2003)
Recommended Motion:

It is recommended that the Board of Education expel student (B/D 09/21/2003), but suspend enforcement of the expulsion and allow the student to attend the Off Campus Learning Center (OCLC) for the remainder of the current 2017-18 school year plus one additional semester, ending on December 21, 2018.

Rationale:

The Administrative Hearing Panel recommends suspending enforcement of the expulsion and allowing the student to attend OCLC during the term of the expulsion.  The student is expected to make satisfactory progress in fulfilling the requirements of the Rehabilitation Plan.  The expulsion order is to be put into effect if the student fails to make satisfactory progress during the period of expulsion.  If the expulsion is put into effect, the student shall be placed in an educational program operated by the Los Angeles County Office of Education.

  • EC 48900(a.1) - Caused, attempted to cause, or threatened to cause physical injury to another person.
  • EC 48900.d – Unlawfully offered, arranged or negotiated to sell a controlled substance, alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person an imitation.

Supplementary Findings

  • 48915 (b) (1) – Other means of Correction are not feasible or have repeatedly failed to bring about proper conduct.
  • 48915 (b) (2) – Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.
 
Comments:

The details of the case were discussed during closed session.

.IX. GENERAL PUBLIC COMMENTS
.X. 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.
.X.A. Consider Revising BP 5111 - Admission
Recommended Motion:

It is recommended that the Board of Education consider revising BP 5111 – Admission. 

Rationale:

The policy has been updated to clarify that, under state compulsory education laws and the U.S. Supreme Court decision in Plyler v. Doe, students cannot be denied a free public education on the basis of their citizenship or immigration status, including their status as undocumented children.  The policy includes direction not to inquire into a student's citizenship or immigration status nor deny enrollment on the basis of citizenship or immigration status. The policy also reflects new law (AB 2308, 2016), which extends the requirement that the district's enrollment forms include an informational item about affordable health care options and available enrollment assistance through the 2020-21 school year.   

No changes have been made to AR 5111, but it has been attached for reference. 

 
Comments:

Items X.A-X.C are related and, therefore, can be discussed by the board simultaneously.  

Staff anticipates that Item Nos. X.A-X.C will require a total of 40 minutes, with 20 minutes for the staff report and 20 minutes for board member questions/comments. 

Minutes:
Time start: 6:11 p.m. Time end: 6:41 p.m.

The board discussed Item Nos. X.A-X.C simultaneously.

Staff answered board members’ questions regarding what prompts the district to begin an investigation. A typo on page 3 will be fixed.

Dr. Tahvildaran-Jesswein requested data on the average number of residency checks conducted per year. Mr. de la Torre requested that when staff calls a family to follow-up on an initial tip, they articulate to the family the investigation process. Ms. Lieberman requested that before this item returns for action, staff add language about determining the credibility of a tip call. Dr. Drati said staff would share this information with community members. Mr. de la Torre requested data on the number of homeless students in the district.
Attachments:
AR 5111 - Admission
BP 5111 - Admission
.X.B. Consider Adopting BP and Revising AR 5111.1 - District Residency (40 min)
Recommended Motion:

It is recommended that the Board of Education consider adopting BP and revising AR 5111.1 - District Residency.

Rationale:

This discussion item was postponed from February 1, 2018.  Originally, it was designed to provide information to the Board and public regarding the District’s practice in conducting residency checks as they relate to interdistrict permits (this subject was raised during Public Comment in the fall, and staff has provided this information to the board in a Friday Memo). 

When the item was postponed, staff took the opportunity to examine the policy and regulation associated with residency checks.  Staff is proposing the addition of this BP and a revised AR.
 
Comments:

In 2015, a new law was passed requiring districts to adopt a policy with specified components. The policy must (1) identify the circumstances under which the district may initiate an investigation, including, at a minimum, a requirement that the district is able to identify specific, articulable facts supporting the belief that the parent/guardian has provided false or unreliable evidence of residency; (2) describe the investigatory methods that may be used, including whether the district may employ the services of a private investigator; (3) require staff to make reasonable efforts to determine whether the student resides in the district before hiring a private investigator (if allowed at all); (4) prohibit surreptitious photographing or video-recording of students who are being investigated; and (5) provide for an appeals process.

Items X.A-X.C are related and, therefore, can be discussed by the board simultaneously.  

Staff anticipates that Item Nos. X.A-X.C will require a total of 40 minutes, with 20 minutes for the staff report and 20 minutes for board member questions/comments. 

Minutes:
Time start: 6:11 p.m. Time end: 6:41 p.m.

The board discussed Item Nos. X.A-X.C simultaneously.

Staff answered board members’ questions regarding what prompts the district to begin an investigation. A typo on page 3 will be fixed.

Dr. Tahvildaran-Jesswein requested data on the average number of residency checks conducted per year. Mr. de la Torre requested that when staff calls a family to follow-up on an initial tip, they articulate to the family the investigation process. Ms. Lieberman requested that before this item returns for action, staff add language about determining the credibility of a tip call. Dr. Drati said staff would share this information with community members. Mr. de la Torre requested data on the number of homeless students in the district.
Attachments:
AR 5111.1 - District Residency
BP & AR 5111.1_presentation
BP 5111.1 - District Residency
.X.C. Consider Deleting AR 5111.13 – Residency for Homeless Students
Recommended Motion:

It is recommended that the Board of Education consider deleting AR 5111.13 – Residency for Homeless Students. 

Rationale:

The regulation has been deleted and key concepts incorporated into AR 5111.1 - District Residency. 

 
Comments:

Items X.A-X.C are related and, therefore, can be discussed by the board simultaneously.  

Staff anticipates that Item Nos. X.A-X.C will require a total of 40 minutes, with 20 minutes for the staff report and 20 minutes for board member questions/comments.  

Minutes:
Time start: 6:11 p.m. Time end: 6:41 p.m.

The board discussed Item Nos. X.A-X.C simultaneously.

Staff answered board members’ questions regarding what prompts the district to begin an investigation. A typo on page 3 will be fixed.

Dr. Tahvildaran-Jesswein requested data on the average number of residency checks conducted per year. Mr. de la Torre requested that when staff calls a family to follow-up on an initial tip, they articulate to the family the investigation process. Ms. Lieberman requested that before this item returns for action, staff add language about determining the credibility of a tip call. Dr. Drati said staff would share this information with community members. Mr. de la Torre requested data on the number of homeless students in the district.
Attachments:
AR 5111.13: Residency for Homeless Students
.X.D. Malibu Elementary School Alignment (60 min)
Time Certain:
7:05 PM
Recommended Motion:

The Superintendent is asking the Board of Education to give direction to bring forward for action to adopt the Malibu Schools Alignment Plan, which will move students from Juan Cabrillo Elementary School (Cabrillo) to Point Dume Marine Science School (Point Dume) and consider the possibility creating a separate Malibu Middle School. 

Rationale:

The Santa Monica-Malibu Unified School District (“District”) is focused on improving the schools in Malibu to support 21st Century learning. To this end, the District is exploring some shifts in how we use facilities and in improving facilities to support instruction.

The District has been operating three small elementary schools in Malibu, two of which—Juan Cabrillo Elementary School and Point Dume Marine Science School—have fewer than 200 students each. These small schools face certain challenges, such as reduced collaboration for teachers within and among grade levels, limited program offerings, less efficient budgets, and reduced opportunities. 

While both Juan Cabrillo and Point Dume Elementary Schools are successful, the staff believe that combining the schools into one campus will improve instruction and learning.  Combining the schools will also allow the facilities to grow and adapt to support more inquiry- and project-based learning.  As the new school community blends and evolves, the facilities can be shifted to better support 21st Century learning, with the addition of permanent classrooms and lab/maker spaces, adjustable furniture to support varying modes of learning, breakout and small-group learning spaces, and expanded outdoor learning areas.

The anticipated specific benefits from combining the two elementary schools, include:

  • Fewer grade combination classes, where two grades are taught in the same classroom due to limited enrollment.
  • Opportunities for more course offerings, such as foreign languages, due to the increased population. 
  • Greater interaction and collaboration among teachers and students as a result of a larger school community.
  • Increased efficiency in support services.
  • Decreased expenditures by reducing redundancy of running two very small schools.

Some challenges will need to be overcome, such as:

  • The two school communities will need to be merged, as they currently have different school community cultures and learning programs.
  • A certain amount of a disruption will occur initially, which will need to be managed effectively.

Over time, the new combined elementary school campus and Webster Elementary School can balance their enrollment to both serve equivalent numbers of students.

The alignment plan considers separating Malibu Middle School from Malibu High School. This would give the middle school more autonomy and identity. The plan is to locate the middle school on the Juan Cabrillo campus adjacent to the high school. While there would continue to be some shared classes, facilities and resources between the high school and middle school, most instruction and activity for sixth through eighth grade students will by occur on the new middle school campus. Moving the middle school to Cabrillo would also free up valuable space to recreate the high school. All of these moves would allow the schools to expand 21st Century teaching and learning for all elementary school students in Malibu.

The Superintendent and staff have held discussions and public meetings with members of the community for ideas and concerns regarding the Proposed Project. Community engagement included, the formation of a Visioning Committee for Malibu Schools, a blue-ribbon stakeholder group formed by the Superintendent, discussions with faculty and staff at the affected schools, meetings with the parents at the affected schools, a meeting with community residents near Point Dume Elementary School, discussions with civic leaders, and a discussion and action item before the Malibu Facility District Advisory Committee. Support for the Proposed Project has been nearly unanimous.

Over time, combining the support services and staffing of two very small elementary schools will result in a savings to the General Fund.  Staff is still developing the budget for the Proposed Project. 

The Malibu Schools Alignment will improve our elementary, middle and high school instruction better preparing students for the 21st Century.

 
Comments:

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

Minutes:
Time start: 7:25 p.m. Time end: 8:56 p.m.

The board discussed Item Nos. X.D-X.F simultaneously.

Public Comments:
* Seth Jacobson, Laureen Sills, Rory Kennedy, Caren Leib, Karen Farrer, Gabrielle Frank, Melissa Mastrippolito, Lisa Norry, and Ingrid Peterson addressed the board regarding this item.

Staff answered board members’ questions regarding leadership plans for Point Dume for 2018-19; how students with special needs currently attending Juan Cabrillo will be included in the alignment plan; the parent and community engagement process; and after school programs, staffing, and transportation issues.

Mr. Mechur requested that staff provide brief quarterly progress reports on the merger process, with the first update providing a comprehensive plan. Ms. Leon-Vazquez said SMC is interested in expanding its dual enrollment program to Malibu.

The board directed staff to move forward with the Malibu Schools Alignment Plan; begin the planning for relocating Juan Cabrillo students and staff to Point Dume; approve Item Nos. VIII.C.19-21; pull Item No. XI.B from the agenda; move forward with reimagining and planning for the reconstruction of Malibu Middle and High Schools; and suspend the MHS modernization and PCB abatement plan.
.X.E. Reconstructing Malibu High School (20 min)
Recommended Motion:

Staff requests direction from Board of Education to begin the process of reimagining and planning for a reconstruction of Malibu High School. The process to develop a Malibu High School Campus Plan (MCP) will begin with developing education specifications (Ed Specs) and campus planning led by an architecture and engineering firm.

Rationale:

High school instruction has shifted dramatically in the past few decades. To prepare students for the technology and shifts in the 21st Century higher education, work place and society, school districts have had to shift the approach to learning. We must continue to change with more inquiry-based and project-based learning.

Reconstructing the existing Malibu High School campus, which was mostly built in the early 1960s as a junior high school, will support these necessary shifts in 21st Century teaching and learning.

In the past three years, we have developed and pursued a plan of extensive modernization and environmental abatement of all MHS buildings more than forty years old. This is in addition to the long-awaited replacement of the Administration/Library building and the Middle School building, which are now under construction. During this modernization process, during which new windows, doors and flooring have been installed and classrooms have been upgraded or rearranged, we realized that a complete re-visioning and reconstruction of the campus will more effectively address the need for more innovative teaching and learning spaces as well as address PCB abatement.

Over the decades, the Malibu High School campus has developed without a master plan, a situation that was compounded when the high school grades were added in the 1990s. This resulted in difficulties accessing and managing the campus. Creating a separate middle school and high school would allow for more focus and attention to be paid to the middle school students, who are in a critical transition from childhood to adolescence.

With these key points and goals in mind, staff is asking the Board for direction to begin the process of re-imagining Malibu High School and planning for its reconstruction.

To improve upon the existing high school, we need to consider replacing the following buildings: main two-story (D), music (F), special education/shops (G), theater/kitchen (H), art (I), and old gym (J). We also need to:

  • determine the future of the high school building (K) and new gym (J1) that were added in the 1990s
  • look at the arrangement of the entire campus and consider incorporating the Juan Cabrillo Elementary School campus and the sections of the Equestrian Park into the new plan
  • improve the infrastructure and circulation to make the campus function better.

Constructing a new Malibu High School will depend on additional funding. As such, the district is currently contemplating placing a general obligation bond in a school facilities improvement district on the November 2018 ballot.

Remaking Malibu High School is going to take time, as school construction is not quick. Doing it properly requires extensive planning prior to putting a ceremonial shovel in the ground. We would need to clearly communicate the timeline to all stakeholders and measure expectations. Below is a proposed process and timeline:

Education Specification and Campus Planning

Education Specifications (Ed Specs) are recommended by the California Department of Education (CDE) when making a new campus and new buildings. They are required when using state funding. Ed Specs ask the question: How are you teaching and how will the facilities support the learning? The goal is to build/rebuild a campus that supports Malibu students for many decades to come. As we learned when developing the Santa Monica HS Ed Specs, this probably means larger, more adaptable classrooms, spaces designed for project-based learning, and flexibility in the design to support the changing nature of education in the 21st Century.

The process to develop Ed Specs includes educators, students and the community to determine the “why” and “what” of the facilities. We will ask questions regarding the types of instruction that will occur, including, but not limited to, course offerings, pedagogical methods, and best practices for student interaction/communication. The Ed Specs also ask questions about adjacencies, such as how to arrange the middle and high school classrooms or placement of shared spaces, such as library and cafeteria. Additionally, the Ed Specs ask questions about support features, including security, drop off/pick up, and community use.

The information gathered during the development of the Ed Specs will lead to a Malibu High School Campus Plan (MCP). The MCP will address the details of the spaces on the campus, including location of the buildings, number and purpose of classrooms, estimated square footage of rooms, support/utilities and open spaces. The MCP will also recommend construction phases and how to manage interim housing during the various phases, as well as act as a blueprint for architects to design each building and open space.  Due to the constricted footprint of the campus, and taking educational drivers into account, the MCP will assist the district in determine which areas/projects to tackle first. 

While it is often preferred for Ed Specs to be completed prior to entering into campus planning, staff recommends moving forward with both simultaneously for this project in order to expedite the process.

With an abbreviated procurement schedule, the board could approve the hiring of an architecture firm to conduct the Ed Specs and produce an MCP at a June board meeting. While completing the Ed Specs over the summer, when educators and the community are away, will be challenging, the goal is to have the Ed Specs ready by early September, providing the district with exciting to communicate with the voters for the facilities improvement bond measure in November. The MCP could then be completed in early 2019. Other districts have achieved a similarly aggressive timeline, but it does require a commitment of all stakeholders.

We will need to determine how to phase the design and construction of the MCP. While it is far more efficient and usually economical to construct everything all once, there are educationally driven concerns that might want us to consider phasing the project. The MCP should suggest which areas to tackle first. The largest challenge is that the site us already constricted.

Designing Phase 1 and Entitlements

Following the completion of the MCP and the passage of a bond measure, the district would procure an architecture firm to design the first phase of the MCP. This could be accomplished in early 2019. We anticipate the design to take a minimum of a year prior to being ready for DSA submittal. DSA approval and procurement of a contractor takes at least another six months. We hope to be ready for construction in fall 2020. Some demolition could be contracted separately and scheduled prior to the start of construction.

As soon as the MCP is determined, we will begin the entitlement process. This includes approval from the City of Malibu and the Coastal Commission Coastal Development Permit. We will also have to complete the appropriate California Environmental Quality Act (CEQA) process. Depending on the size of the project, we anticipate this project to require a full Environmental Impact Review (EIR). As we experienced with the Measure BB project, we might have challenges from our neighbors that could delay the process.

The duration of construction will depend on what is being built and the phasing. The minimum construction duration would be 30 months, with a maximum of 72+ months. 

 
Financial Impact:

Developing the Ed Specs and a Malibu Campus Plan can occur using existing Measure ES bond funds. The costs of replacement of the campus will be determined as part of the process. In order to move forward with this plan to reimagine and build a new Malibu High School campus, a capital improvement bond will need to be passed in November 2018.   

Comments:

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

Minutes:
Time start: 7:25 p.m. Time end: 8:56 p.m.

The board discussed Item Nos. X.D-X.F simultaneously.

Public Comments:
* Seth Jacobson, Laureen Sills, Rory Kennedy, Caren Leib, Karen Farrer, Gabrielle Frank, Melissa Mastrippolito, Lisa Norry, and Ingrid Peterson addressed the board regarding this item.

Staff answered board members’ questions regarding leadership plans for Point Dume for 2018-19; how students with special needs currently attending Juan Cabrillo will be included in the alignment plan; the parent and community engagement process; and after school programs, staffing, and transportation issues.

Mr. Mechur requested that staff provide brief quarterly progress reports on the merger process, with the first update providing a comprehensive plan. Ms. Leon-Vazquez said SMC is interested in expanding its dual enrollment program to Malibu.

The board directed staff to move forward with the Malibu Schools Alignment Plan; begin the planning for relocating Juan Cabrillo students and staff to Point Dume; approve Item Nos. VIII.C.19-21; pull Item No. XI.B from the agenda; move forward with reimagining and planning for the reconstruction of Malibu Middle and High Schools; and suspend the MHS modernization and PCB abatement plan.
.X.F. Malibu High School Modernization and PCB Abatement Plan (40 min)
Recommended Motion:

Staff requests direction from Board of Education to suspend the planned Malibu High School modernization and PCB abatement projects for the summer and the fall. This will still allow the district to meet the court order, but will delay the abatement/management of areas with PCBs over 50ppm.

Rationale:

As discussed in detail at the April 12, 2018, Board of Education meeting, we are at a crossroads on how to proceed with modernization and PCB abatement at the Malibu High School campus due to the aspiration of reconstructing the campus. It would be prudent not to spend money and time on buildings that will soon be replaced in a Malibu Campus Plan; however, the funding is not yet in place and there is a court order to abate PCBs that must be met in some way. Reconstruction of the campus will take time and will almost certainly require us to continue to use buildings under the court order after Dec. 31, 2019.

The pre-1979 buildings are all safe to occupy. We have extensively sampled the inhalation and ingestion exposure pathways, and all air and wipe samples are significantly below the health protective levels set by the EPA and the recognized scientific community.

At the April 12, 2018, board meeting, we presented four options: continue modernization as planned, PCB-over-50 plan, court order-only plan, and a plan to pause and wait. Based on further conversations, staff does not recommend continuing with the full modernization plan at this time. We have assessed the work and have determined that we can pause the work until January 2019 and still achieve the requirements of the court order, as long as we continue to plan toward this end. However, this will leave the other areas where PCBs over 50 parts per million unaddressed and not fully managed until late 2020. While this is not considered a health concern by the regulatory entities, this decision might not be acceptable by the staff and community. If we are to abate all of the PCBs over 50ppm in construction materials, other than windows and doors by December 31, 2019, we will need to do some of the work in 2018.

One decision that needs to be made is regarding the HVAC system in the main two-story building. The current HVAC system is failing, and we had been working to install a new system. Based on the current conditions, we recommend replacing the existing system this summer. The cost to replace is less than half of a new system.
 
Financial Impact:

This recommendation delays or stops most modernization and PCB management. There will be some costs to stop current plans, to replace the HVAC in the two story-main building, and to continue planning for abatement to meet the court order. We should anticipate spending between $3-5M to meet the court order, with some caveats. Once we know the outcome of capital improvement bond measure in November 2018, we will need to rapidly adjust the activities.

Comments:

Staff anticipates that this item will take a total of 40 minutes, with 10 minutes for the staff presentation and 30 minutes for board member questions/comments. 

Minutes:
Time start: 7:25 p.m. Time end: 8:56 p.m.

The board discussed Item Nos. X.D-X.F simultaneously.

Public Comments:
* Seth Jacobson, Laureen Sills, Rory Kennedy, Caren Leib, Karen Farrer, Gabrielle Frank, Melissa Mastrippolito, Lisa Norry, and Ingrid Peterson addressed the board regarding this item.

Staff answered board members’ questions regarding leadership plans for Point Dume for 2018-19; how students with special needs currently attending Juan Cabrillo will be included in the alignment plan; the parent and community engagement process; and after school programs, staffing, and transportation issues.

Mr. Mechur requested that staff provide brief quarterly progress reports on the merger process, with the first update providing a comprehensive plan. Ms. Leon-Vazquez said SMC is interested in expanding its dual enrollment program to Malibu.

The board directed staff to move forward with the Malibu Schools Alignment Plan; begin the planning for relocating Juan Cabrillo students and staff to Point Dume; approve Item Nos. VIII.C.19-21; pull Item No. XI.B from the agenda; move forward with reimagining and planning for the reconstruction of Malibu Middle and High Schools; and suspend the MHS modernization and PCB abatement plan.
.X.G. Review of Polling Results for Potential November General Obligation Bonds (60 min)
Recommended Motion:

The Board of Education will discuss available results from the recent polls taken towards placing general obligation bonds on the November ballot and the validity of the two school facility improvement districts, one for Malibu and the other for Santa Monica. 

Rationale:

At the February 15, 2018, Board of Education meeting, the Board gave direction to the Superintendent to form a Superintendent’s committee to examine the feasibility of future capital improvement funding. The request followed a report on the Measures BB and ES project and budget update demonstrating a need for additional funding to support facility needs. Action items were brought back to the Board on March 1 to approve a contract with TBWB Strategies to investigate a November general obligation bond.

As the discussions continued, the concept of forming two separate School Facilities Improvement Districts (SFIDs), one for the Malibu area and one for the Santa Monica area, developed.

The Superintendent’s Feasibility Committee was formed with community leaders and stakeholders. The committee has twice and reviewed available polling. Polling was conducted in April in both Santa Monica and Malibu.

Through the formation of two SFIDs, one with respect to Santa Monica schools and the other with respect to Malibu schools, the District will be able to present voters with ballot measures specific to their community’s needs. The voter-approved funds raised in each locality will address critical facilities improvements, especially at Malibu and Santa Monica High Schools, that both require significant improvements to support learning in the 21st Century. The formation of the two SFIDS would allow local funding to remain in the respective communities for each community's specific facility needs.

The discussion will move forward the conversation towards placing general obligation bonds on the November ballot. 

 
Comments:

Staff anticipates that this item will require a total of 15 minutes, with 45 minutes for staff's presentation and 60 minutes for board member questions/comments.

Minutes:
Time start: 9:13 p.m. Time end: 9:45 p.m.

Staff answered board members’ questions regarding responses from renters; the proposed ballot language; and other details of the polling results.
Attachments:
Bond Polling Presentation
Bond Polling Timeline
.XI. 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.
.XI.A. Adopt Resolution No. 17-38 - Intent to Form a Malibu School Facilities Improvement District (5 min)
Recommended Motion:

It is recommended that the Board of Education (“Board”) adopt Resolution No. 17-38 of Intent to form a Malibu School Facilities Improvement District (SFID).

Actions:
Motion

It is recommended that the Board of Education (“Board”) adopt Resolution No. 17-38 of Intent to form a Malibu School Facilities Improvement District (SFID).

Passed with a motion by Ms. Laurie Lieberman 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.
Rationale:

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, the Board resolves an intention to form a SFID that encompasses the City limits of Malibu and the adjoining unincorporated areas of the District around Malibu. The formation of the Malibu - SFID is necessary to allow the Malibu Schools communities greater independence in facility planning, projects and funding. Bonds may only be issued following voter approval of voters within the Malibu - SFID, and bond revenue raised in the Malibu - SFID would only be used for projects in that SFID.

Formation of SFIDs can only occur if the Los Angeles County Board of Supervisors has adopted the SFID law authorizing the school district to proceed.

This resolution of intent is the next step in the process of forming SFIDs to place general obligation bonds on the November ballot. There are a number of steps that must be completed prior to the election in November (dates proposed):

  1. School Board approved the 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 (May 3 BOE meeting at Malibu City Hall)
  4. School Board holds public hearing and considers Resolution of Intent to form SFID – Santa Monica (May 17 BOE meeting at District Office in Santa Monica)
  5. School Board holds public hearings and considers the Resolutions of Formation of both SFIDs (scheduled for June 14 BOE meeting at District Office)
  6. School Board considers adopting Resolutions to Call for Bond Elections (scheduled for July 19 BOE meeting at District Office)
  7. If adopted and approved, separate General Obligation Bonds are on the General Election ballot in each SFID (November 6)

Adopting this resolution of intent to form the Malibu SFID does not commit the Board to form the SFID 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.

 
Minutes:
Time start: 9:46 p.m. Time end: 9:49 p.m.
Attachments:
Resolution: Intent for SFID in Malibu
.XI.B. Adopt Resolution No. 17-39 - Determining the Malibu Elementary Schools Alignment Project is Categorically Exempt from the California Environmental Quality Act, Approving the Project, and Directing the Filing of a Notice of Exemption (5 min)
Recommended Motion:

It is recommended that the Board of Education (“Board”) adopt Resolution No. 17-39 - determining that the Malibu Elementary Schools Alignment Project, which proposes attendance boundary changes to Point Dume Elementary School, Juan Cabrillo Elementary School, and Malibu Middle and High School (“MMHS”) and the addition of five portable classroom buildings at Point Dume Elementary School (“Proposed Project”) located at 6955 Fernhill Dr., Malibu, CA 90265 is 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.

Rationale:

The Santa Monica-Malibu Unified School District (“District”) has been operating three small elementary schools in Malibu, two of which – Juan Cabrillo Elementary School and Point Dume Marine Science School – have fewer than 200 students each.

The mechanics of the Proposed Project are to move middle school students (Grades 6-8) out of MMHS and into Juan Cabrillo, to move elementary students (Grades K-5) from Juan Cabrillo to Point Dume.  To accommodate the increase in students at Point Dume Elementary School, five portable classrooms would need to be added to the existing school grounds.  To effectuate these transfers the attendance boundary of Point Dume Elementary School would need to be expanded to include the entirety of Juan Cabrillo’s existing attendance boundary.  Juan Cabrillo’s attendance boundary would be changed to the entirety of the City of Malibu and the surrounding unincorporated areas for middle school students. MMHS’ boundary for middle school students would be eliminated, even though the Juan Cabrillo and MMHS campus will have some shared facilities. 

Prior to commencement of the Proposed Project, the District must ensure the Proposed Project complies with CEQA.  The District determined, through its own independent review and analysis that the Proposed Project meets the definition of the Class 14 Minor Additions to Schools Categorical Exemption (CEQA Guidelines, § 15314).  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 the Categorical Exemption.  The existing Juan Cabrillo campus can accommodate the Grades 6-8 from MMHS without any exterior physical changes.  Given that Juan Cabrillo and MMHS are adjacent to each other, no substantial change in traffic patterns are anticipated.

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.

 
Minutes:
During Discussion Item Nos. X.D-F, the board directed staff to pull this item from the agenda.
Attachments:
Resolution: Malibu ES Alignment CEQA Exemption
.XI.C. Public Hearing on 2018-19 Measure R Parcel Tax CPI-U Adjustment (5 min)
Time Certain:
7:00 PM
Recommended Motion:

It is recommended that the Board of Education hold a public hearing on the matter of the Special Parcel Tax (Measure R) regarding applying a Consumer Price Index (CPI-U) adjustment.   

Actions:
Motion

It is recommended that the Board of Education hold a public hearing on the matter of the Special Parcel Tax (Measure R) regarding applying a Consumer Price Index (CPI-U) adjustment.   

Passed with a motion by Ms. Maria Leon-Vazquez 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.
Rationale:

CPI-U Adjustment: Section 4. of Resolution 07-09, Resolution Proposing a Renewal of Special Taxes to Be Placed on the February 4, 2008 Ballot for Voter Approval requires that:  "Prior to levying of the special tax each fiscal year, the Board shall conduct a public hearing on the matter.  Notice of the time, date and place of hearing shall be published in accordance with applicable laws, posted at least twice in a newspaper of general circulation in the District, and posting shall commence at least fifteen (15) days prior to the hearing.  Following said hearing each year, the Board shall adopt a resolution establishing the rate per parcel for that year, not to exceed $346.00 per year adjusted annually for inflation by the CPI-U.  “CPI-U” as used in this Resolution means the Consumer Price Index-All Urban Consumers, All Items for the Los Angeles-Riverside-Orange County, California Metropolitan Statistic Area, base period 1982-84=100, or its equivalent should this Index cease to exist in its current format.  The annual CPI-U adjustment shall be based on the change in the CPI-U over the preceding fiscal year.  Any tax levied shall become a lien upon the properties against which taxes are assessed and collectable as herein provided;"

According to The Santa Monica-Malibu Schools Quality Education Funding Renewal Measure Section 4.A, THE TAX LEVY-Tax Base, “The annual CPI-U adjustment shall be the twelve (12) month change in that index over the most recently available twelve (12) month period preceding the date on which the adjustment needs to be calculated for assessment purposes.”  Subsequent to the Public Hearing, the Board of Education will formally consider the adoption of a $410.49 per parcel assessment for 2018-19 (3.6% increase from the current $396.23 per parcel rate based on the change in the CPI-U between February 2016 and February 2017).

 
Comments:

The hearing is scheduled for Thursday, May 3, 2018, at 7:00 p.m.

Notice of the public hearing has been properly posted as required by Government Code §6061 in The Santa Monica Daily Press, Santa Monica Mirror, and The Malibu Times.

Minutes:
Time start: 7:12 p.m. Time end: 7:12 p.m.

It was moved by Ms. Leon-Vazquez and seconded by Mr. Foster, and voted 7/0 to open the public hearing.
It was moved by Ms. Lieberman, seconded by Mr. Kean, and voted 7/0 to close the public hearing.
.XI.D. Adopt Resolution No. 17-40 - 2018-19 Measure R Parcel Tax (5 min)
Recommended Motion:

It is recommended that the Board of Education resolve that the amount of the Measure R Parcel Tax be adopted for the 2018-19 fiscal year, at the rate of $410.49 per parcel, which includes a 3.6% CPI-U adjustment.  

It is further recommended that the tax levy shall become a lien upon the properties against which taxes are assessed and collectable, as provided in the October 25, 2007, Board Resolution No. 07-09, Section 4., Resolution Proposing a Renewal of Special Taxes to Be Placed on the February 4, 2008 Ballot for Voter Approval.

Actions:
Motion

It is recommended that the Board of Education resolve that the amount of the Measure R Parcel Tax be adopted for the 2018-19 fiscal year, at the rate of $410.49 per parcel, which includes a 3.6% CPI-U adjustment.  

It is further recommended that the tax levy shall become a lien upon the properties against which taxes are assessed and collectable, as provided in the October 25, 2007, Board Resolution No. 07-09, Section 4., Resolution Proposing a Renewal of Special Taxes to Be Placed on the February 4, 2008 Ballot for Voter Approval.

Passed with a motion by Mr. Craig Foster and a second by Mr. Ralph Mechur.
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.
Comments:

The CPI-U adjustment was obtained from the U.S. Department of Labor, Bureau of Labor Statistics, a source considered as most credible and authoritative as prescribed in the original Measure R language. 

Minutes:
Time start: 9:49 p.m. Time end: 9:50 p.m.
.XI.E. Adopt Resolution No. 17-41 - Asian/Pacific American Heritage Month (5 min)
Recommended Motion:

It is recommended that the Board of Education adopt Resolution No. 17-41 - in recognition of Asian/Pacific American Heritage Month.

Actions:
Motion

It is recommended that the Board of Education adopt Resolution No. 17-41 - in recognition of Asian/Pacific American Heritage Month.

Passed with a motion by Mr. Craig Foster and a second by Mr. Ralph Mechur.
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.
Minutes:
Time start: 6:55 p.m. Time end: 6:56 p.m.
Attachments:
Resolution: Asian/Pacific American Heritage Month
.XI.F. Adopt Resolution No. 17-42 - Day of the Teacher (5 min)
Recommended Motion:

It is recommended that the Board of Education adopt Resolution No. 17-42 in recognition of May 9, 2018, as the California Day of the Teacher.

Actions:
Motion

It is recommended that the Board of Education adopt Resolution No. 17-42 in recognition of May 9, 2018, as the California Day of the Teacher.

Passed with a motion by Mr. Craig Foster and a second by Ms. Laurie Lieberman.
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.
Minutes:
Time start: 6:56 p.m. Time end: 6:57 p.m.
Attachments:
Day of the Teacher Resolution
.XII. INFORMATIONAL ITEMS
Quick Summary / Abstract:
These items are submitted for the public record for information. These items do not require discussion nor action.
.XII.A. Supplemental Textbooks
Rationale:

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.

  • El Alquimista, by Paulo Coehlo, for summer reading 2018 for all 9th grade immersion students at Santa Monica High School.  Adoption requested by teachers Veronia Garcia-Hecht, Heather Wethern, Claudia Bautista-Nicholas, and Guadalupe Mireles Toumayan; and Stefanie Tovar High School Librarian.
  • Rumbo Al Hermoso Norte, by Luis Alberto Urrea, for summer reading 2018 for all 9th-12th grade immersion students at Santa Monica High School.  Adoption requested by teachers Veronia Garcia-Hecht, Heather Wethern, Claudia Bautista-Nicholas, and Guadalupe Mireles Toumayan; and Stefanie Tovar High School Librarian.
  • Do the Math, Houghton Mifflin Harcourt, to assist struggling 2nd-4th graders with their conceptual and procedural understanding and to address key exiting grade level math concept and begin front-loading next year’s.  Adoption requested by Rosa Serratore, Educational Services
 
.XIII. BOARD MEMBER ITEMS
Quick Summary / Abstract:
These items are submitted by individual board members for information or discussion, as per Board Policy 9322.
.XIV. 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.
.XV. 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.)
.XVI. 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: 9:51 p.m. Time end: 9:56 p.m.

* Ms. Leon-Vazquez reported that she recently attended both the LCAP community meeting and the DELAC meeting, where she heard some concerns about LCAP funds not sufficiently targeting the appropriate students. She also attending the VAPA DAC meeting, where concern was expressed about a lack of staff being able to support the various VAPA events.
* Mr. de la Torre invited everyone to the Venice Cinco de Mayo parade this Saturday at 9am.
* Mr. Foster announced that the Malibu Festival was this Sunday. It will be hosted at Cabrillo ES.
.XVII. 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.
.XVIII. ADJOURNMENT
Quick Summary / Abstract:

This meeting will adjourn to a regular meeting scheduled for 5:30 p.m. on Thursday, May 17, 2018, at the district office. 

Minutes:
It was moved by Mr. de la Torre, second by Mr. Foster, and voted 7/0 to adjourn the meeting at 9:56 p.m. The next meeting is a regular meeting scheduled for Thursday, May 17, 2018, at 5:30 p.m. at the district office: 1651 16th Street, Santa Monica, CA.
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.
5/3/2018 4:36:00 PM ( Original )
AbsentMr. Oscar de la Torre
PresentMr. Craig Foster
PresentMr. Jon Kean
AbsentMs. Maria Leon-Vazquez
PresentMs. Laurie Lieberman
AbsentMr. Ralph Mechur
PresentDr. Richard Tahvildaran-Jesswein
5/3/2018 5:10:00 PM
PresentMr. Oscar de la Torre
5/3/2018 5:10:00 PM
PresentMr. Ralph Mechur
5/3/2018 6:50:00 PM
PresentMs. Maria Leon-Vazquez

The resubmit was successful.