The Williams Case resulted in a new Education Code designed to address complaints or deficiencies at schools related to instructional materials, emergency or urgent facility conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or misassignment.

The Williams Settlement Education Code 35186 requires that a quarterly report be made to the Board of any complains related to the Williams Case.  There have been no complaints filed for the second quarter of the 2017 - 2018 school year.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT THE QUARTERLY REPORT ON WILLIAMS UNIFORM COMPLAINTS.

None

Board Policy 3314 states the following: It shall be the practice of the administration to present the Board of Trustees with copies of all warrant registers for information and review at each regularly scheduled meeting of the Board of Trustees. As Policies 3100 (budget) and 3110 (transfer of funds) provide criteria for Board authorization of all expenditures, both personnel and non-personnel items, prior to the actual payment of the obligation, warrants will be distributed to the vendors and employees after audit by the County Superintendent of Schools.

Education Code Sections 42631-36 requires the Board of Trustees approve all expenditures made by the District.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE ATTACHED DISTRICT EXPENDITURES.

The North Central New School Building Project was selected as a Phase 2 Measure X Construction Project at the January 21, 2016 Board Meeting.  This project is located at the corner of East Poplar Ave. & North Humboldt Street in San Mateo.  This property is owned by the San Mateo-Foster City School District.  As part of the project for the North Central New School, the Administration with Roux Associates, Inc., completed a Phase 1 Environmental Site Assessment (Phase 1 ESA) report. The report and findings from Roux Associates, Inc. indicate that the State of California will require a Preliminary Endangerment Assessment (PEA) report to investigate further any potential environmental issues at this site.  

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE PRELIMINARY ENDANGERMENT ASSESSMENT PROPOSAL FROM ROUX ASSOCIATES REGARDING THE NEW NORTH CENTRAL SCHOOL PROJECT.

$40,000.00 - Measure X Funding

The Parkside site provides classrooms for the current enrollment in Parkside's Montessori Program as well as classrooms for the expansion of the Montessori Program in future years and classrooms for a number of District programs serving the District's various preschool populations:  Special Education youngsters, youngsters in State funded Preschool Programs, and youngsters in the District's full tuition preschools.  There is also a Children's Annex Program onsite and a classroom used for the parent-run Art in Action program at Parkside.   It is projected that sufficient classrooms exist for future tuition-based preschool programs either operated by the District or by a private vendor.  

To be ready for future preschool use, each of the four existing portables on permanent foundations on the Parkside site will need the addition of a second door in order to receive a license from the State to be used as preschool classrooms.  The District enlisted the design services of DSK architects to perform a code analysis review, to perform structural analysis of the existing portables that will require a secondary door, and to have DSA approved plans for the installation of a toilet room portable.  DSK Architects will also perform construction administration/observation for the installation of the toilet room portable and to close out the project with DSA.  

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE CONSULTING SERVICES PROPOSAL FROM DSK ARCHITECTS REGARDING PARKSIDE ELEMENTARY SCHOOL.

$23,650 - Enterprise Fund 

The Parkside site provides classrooms for the current enrollment in Parkside's Montessori Program as well as classrooms for the expansion of the Montessori Program in future years and classrooms for a number of District programs serving the District's various preschool populations:  Special Education youngsters, youngsters in State funded Preschool Programs, and youngsters in the District's full tuition preschools.  There is also a Children's Annex Program onsite and a classroom used for the parent-run Art in Action program at Parkside.   It is projected that sufficient classrooms exist for future tuition-based preschool programs either operated by the District or by a private vendor.  

To be ready for future preschool use, each of the four existing portables on permanent foundations on the Parkside site will need the addition of a second door in order to receive a license from the State to be used as preschool classrooms.  No program can be started before the State license is granted so the administration believes that it is prudent to install the doors now.   If the portables are used by private vendor pursuant to a lease agreement, the District will include the cost of adding the second doors to the four classrooms in the lease agreement.  

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE PROPOSAL FROM ANAYA CONSTRUCTION REGARDING THE ADDITIONAL DOORS AND LANDINGS AT PARKSIDE ELEMENTARY SCHOOL.

$32,850 -  Enterprise Fund

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

The following property will be declared surplus to the needs of the District as it is inadvisable to repair and/or is obsolete: Technology Department -- Disposal of four vehicles

•  Vehicle #99 - 1992 Ford Van – Lic.#380302
•  Vehicle #107 - 1996 Ford Van - Lic.#24743, 
•  Vehicle #109 - 1997 Ford Van - Lic.#993799
•  Vehicle #118 -  2000 Ford Van - Lic.#1016846

IT IS RECOMMENDED THE BOARD OF TRUSTEES APPROVE RESOLUTION NO. 8/17-18 AUTHORIZING CERTAIN PROPERTY SURPLUS AND AUTHORIZING THE DISTRICT TO DISPOSE OF IT IN ACCORDANCE WITH BOARD POLICY 3270. 

None – Expenditure provided for in the 2017-2018 budget

State regulations require all agreements between state agencies and public entities be approved by the governing board of the public entity.  University of Phoenix has requested that the San Mateo – Foster City School District enter into an agreement with them so that credential candidates attending that institute of higher education can student teach in the District.

University of Phoenix will assign student teachers to the District for practice teaching.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE STUDENT TEACHER PLACEMENT AGREEMENT BETWEEN THE UNIVERSITY OF PHOENIX AND THE SAN MATEO – FOSTER CITY SCHOOL DISTRICT EFFECTIVE JANUARY 1, 2018 AND ENDING JANUARY 1, 2021.

None

Trustees Hsieh, Watkins, Corzo, and Hitchcock along with staff members Superintendent Rosas and Assistant Superintendent Olsen attended the CSBA AEC in San Diego and will share information gathered from the conference.

IT IS RECOMMENDED THAT THE BOARD RECEIVE INFORMATION FROM THE CSBA AEC.

The District provides services for individual Special Education students according to commitments made in the student’s Individualized Education Plan (IEP). When appropriate services are not able to be provided through District programs, the District contracts with a Non-Public School (NPS) or Non-Public Agency (NPA) for those services. Listed contracts are for the 2017-2018 school year (see attachment).

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NON PUBLIC AGENCY/NON PUBLIC SCHOOL (NPA/NPS) CONTRACTS IN THE AMOUNT OF $237,456.40

$237,456.40

Chavan & Associates, LLP has completed the audit for the fiscal year ending June 30, 2017.  The audit report is presented in the format required by Government Auditing Standards.

The Management Discussion and Analysis (MD&A) is a narrative and analysis of the District’s financial statements. 

The fund financial statements provide detailed financial information about the District’s collective major funds as required per the Government Auditing Standards, rather than reporting on funds individually. The General Fund (Fund 1) is always a major fund and the other major funds for the District for 2016-17 are:  Deferred Maintenance (Fund 14), Special Reserve (Fund 17), Building Fund (Fund 21), Retiree Benefits (Fund 71), and the Bond Interest and Redemption Fund (Fund 51). 

The notes to the financial statement include capital assets and long term debt.  Capital assets have a useful life of five or more years and include land, land improvements, buildings, building improvements, and equipment with a value of $5,000 or more.  Assets are reflected in the statement at historical cost net of accumulated depreciation. 

There are no audit findings or recommendations for 2016-17. 

Copies of the complete audit report are available for review at the District Office, Fiscal Services Department, 1170 Chess Drive, Foster City. 

Mr. Sheldon Chavan, Chavan & Associates Partner, will be present to answer any questions about the audit.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT THE AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDING JUNE 30, 2017.

On November 16, 2017, the Board of Trustees held the required Public Hearing on the Environmental Impact Report (EIR).  After the Public Hearing, the Board of Trustees delayed action on Resolution 7/17-18 and requested that the administration meet with representatives of the City of Foster City to discuss recent correspondence from the City regarding the EIR.  

School District and City staff have met three times since November 20 to discuss possible responses to the City’s concerns.  The School District staff has revised the attached Resolution (#7/17-18) to reflect two additions regarding inconsistency with the City of Foster City’s General Plan and agreement on construction hours.  The revisions to the original Resolution presented in November are shown in italics on the attached Resolution.

Further responses regarding the Encroachment Permit for Work in the Public Right of Way, the Grading Permit, Traffic Impacts and Construction Fencing will be memorialized in a Memorandum of Understanding between the City of Foster City and the San Mateo-Foster City School District. 

Staff recommends that the Board of Trustees certify the Environmental Impact Report (EIR) and take related actions as described in the Resolution.  Certifying the EIR is a required step in the process to request state facilities bond funding for this project.

For the Board of Trustees and the public’s information, the following documents were the subject of the Public Hearing on November 16, 2017. 

Exhibit A:  Environmental Impact Report (EIR) Including the Draft and Final EIR and Responses to Comments

       Note: Exhibit A is too large (over 800 pages) to make available as an Attachment. It can be accessed using the following link:  https://placeworks.sharefile.com/d-s40eb78c5caa4658a

Exhibit B:  Findings Concerning Significant Impacts and Mitigation Measures

Exhibit C:  Findings Concerning Infeasibility of Alternatives

Exhibit D:  Statement of Overriding Considerations

Exhibit E:  Mitigation Monitoring and Reporting Program

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES CERTIFY THE ENVIRONMENTAL IMPACT REPORT AND TAKE RELATED ACTIONS AS DESCRIBED IN RESOLUTION #7/17-18 FOR THE NEW SCHOOL IN FOSTER CITY.

A Public Hearing on the PEA for the new elementary school in Foster City was noticed on December 20, 2017 with all relevant materials posted at the District Office and the Foster City Public Library.  The Notice and all materials are also posted on the District website.  The order for the Public Hearing is as follows:

            Overview of the PEA 

            Open the Public Hearing 

            Receive Comments from the Public on the PEA

            Close the Public Hearing

No other action is required by the Board of Trustees after the close of the Public Hearing.

The following is provided as background information for the Board of Trustees and the public.  The PEA provides the results of the testing done on the Charter Square site.  Initial testing was done by the Owner of the site several years ago with no substances found to be above legally acceptable limits.  In order to acquire the site, the District is subject to the California Department of Toxic Substances Control (DTSC) legal and regulatory requirements.  DTSC required additional testing of a few specific areas on the Charter Square site including at the locations of the former dental office and the former dry cleaners. 

The additional testing found nothing above acceptable levels at the dental office while some samples showed the presence of dry cleaning chemicals above acceptable levels in specific areas of the former dry cleaners.  DTSC required further testing in adjacent areas to the dry cleaners to provide a clear definition of where the chemicals were at higher than acceptable levels. 

The PEA contains the testing procedures and the results.  At the Public Hearing, the public will have the opportunity to make comments on the PEA.  The comments will be recorded and provided to the DTSC along with any written comments made within the 30-day Public Comment period.  

The next step in the process is the development and submission to DTSC of a Removal Action Workplan (RAW).  Once it is approved by DTSC after another public comment review period, abatement will be done pursuant to the RAW followed by additional testing to ensure that remediation has been successful.   

At the July 10, 2017 Special Board meeting, the Board of Trustees was presented with the project status of the new school in Foster City and received information on the current cost estimates for the project.  Cost estimates at this stage of the design were over the budgeted $61,000,000.

District staff worked with the Developer and architect to achieve cost savings through value engineering of approximately $1.5 million.  This process reduced the budget overage to $6,191.956.

The following sources of revenue were presented to the Board as solutions for funding the project’s estimated cost overage.

Reduce project contingency (from 10% to 7%)      $976,104

Annex to fund one classroom                        $549,000

Potential lease revenue                                          $750,000

Measure X Escalation/State Facilities Bond     $3,916,852

Total Recommended Solutions                               $6,191,956

The Board of Trustees gave direction based on the presented budget solutions to move forward with the budget revisions and into the design development phase.

At the August 10, 2017 Regular Board meeting, the Board of Trustees formalized the direction give at the July meeting by approving the presented budget solutions to meet the project overage of $6,191,956 for the New School at Foster City.

This information is presented to the Board of Trustees at this time for review and for potential discussion by the current Board.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE THE BUDGET REVISION INFORMATION PRESENTED FOR REVIEW REGARDING THE NEW SCHOOL IN FOSTER CITY.

Board Policy 3290 requires the Superintendent to obtain final approval and acceptance for gifts donated to the school district.

On November 30, 2017, the San Mateo Elementary Teachers' Association (SMETA) and the San Mateo-Foster City School District (SMFCSD) reached a Tentative Agreement for a new three year Agreement, effective July 1, 2016 through June 30, 2019.

Assembly Bill (AB) 1200 requires local education agencies to publicly disclose costs related to provisions of all collective bargaining agreements prior to entering into a written agreement. Attached for information to the Board are copies of the disclosure forms for employees in the SMETA unit which summarizes the financial implications of the major provisions of the agreement.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE AB 1200 PUBLIC DISCLOSURE DOCUMENTS AS PRESENTED. 

The agreement has a financial impact on SMFCSD as there is an ongoing cost beginning with the 2016-2017 year. The costs will be $7,341,215 for 2017-2018; $5,715,949 for 2018-2019 and $6,282,451 for 2019-2020.  

On November 30, 2017, the San Mateo Elementary Teachers' Association (SMETA) and the San Mateo-Foster City School District (SMFCSD) reached a Tentative Agreement for a new three year Agreement, effective July 1, 2016 through June 30, 2019. All provisions of the July 1, 2013 through June 30, 2016 Agreement, and all Memorandums of Understanding shall remain in effect except for the modifications listed in this Tentative Agreement. 
 
The modifications are summarized (see attachment) as follows and include:

     • Article 4 - Release Time
       Prior notification for leaves of absence for SMETA members to serve as officers

     • Article 5 - Compensation and Benefits
       5% increase to salary schedule retroactive to July 1, 2016
       3% increase to salary schedule retroactive to July 1, 2017
       $500 stipend for retirement notice submitted by February 1
       Increase Master’s degree stipend from $1,000 to $1500
       Increase to hourly rate from $30 to $45 
       Increase to Teacher in Charge stipend from $800 to $1000
       Increase rate for teachers who substitute from long term substitute rate to hourly rate
       Overnight stipend at $250 per night

     • Article 6 – Hours
       Definition of “duty free” lunch 

     • Article 7 - Assignment, Transfer & Filling of Vacancies
       Entitlement of release time for new assignments
       $350 for each one way move for facilities related events
       Change to timeline for voluntary transfers

     • Article 8 - Class Size
       Grades TK-3 and 3/4 combination classes at no more than 28 students
       Grades 4 and 5 classes at no more than 30 students
       Pre-school special day classes at no more than 12 students

     • Article 10 - Leave Provisions
       Minor changes to language for parental/child bonding leave

     • Article 19 – Term
       Agreement in effect from July 1, 2016 through June 30, 2019
      Reopeners for 2018-2019 limited to salary and benefits and one additional article for each party

Lisa Fahey, Chief Negotiator for SMETA, and Sue Wieser, Chief Negotiator for SMFCSD, will be present to respond to the modifications listed above.  

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE TENTATIVE AGREEMENT AND ASSOCIATED SALARY SCHEDULES WITH THE SAN MATEO ELEMENTARY TEACHERS’ ASSOCIATION (SMETA) AS NEGOTIATED.

The agreement has a financial impact on SMFCSD as there is an ongoing cost beginning with the 2016-2017 year. The costs include $7,341,215 for 2017-2018; $5,715,949 for 2018-2019 and $6,282,451 for 2019-2020.  Included is the Tentative Agreement and salary schedules reflecting the negotiated salary increases for 2016-2017 and 2017-2018.