The Board will convene at 4:30 PM in the Multi-Purpose Room to receive comments from anyone wishing to address the Board regarding closed session items.  The Board will then adjourn to closed session and reconvene in open session to address the regular agenda at 6:30 PM.

Two cases

WCCUSD Negotiators: Superintendent Matthew Duffy and Assistant Superintendent Ken Whittemore for the following groups:
  a.    Employee Organizations
         -Adult School Teachers United (ASTU)
         -UTR
         -School Supervisors Association
         -Teamsters Local 856
         -WCCAA
 b.     Unrepresented Employees
         -Confidential and Management

Expulsions - One

Contra Costa County Board of Education Member Dr. Fatima Alleyne will provide an update of information about the County Office of Education.

None

Members of the public are invited to speak to the Board about any matter that is not otherwise on the agenda and is related to issues affecting public education in the WCCUSD.  Approximately 30 minutes will be allocated for this item.  If there are more requests to speak than can be heard within this time limit, “WCCUSD Public Comment” will continue after Item G.  Individuals wishing to speak must submit a “WCCUSD Public Comment” form prior to the beginning of this item on the agenda.  

Depending on the number of persons who wish to speak, from one to three minutes will be allocated to each speaker at the discretion of the President of the Board in order to accommodate as many speakers as possible.  The Board cannot dialogue on any issues brought before it by the public that have not been previously agendized, but may refer these to staff for response and/or placement on future agendas.

Under the leadership of coach Gerald Montgomery, the Hercules High School football team reached the North Coast Section Division 4 title game. The historic run included a 11-3 record. 

None

Tonight, the Board is honored to recognize Richmond High School soccer coach Rene Siles on the occasion of his 300th win as a head coach.  Silas has been a soccer coach since 1986 and has led teams at Richmond High School since 2000. His record at Richmond High School is now 301-70-49.

None

Consent Calendar Items are considered routine and will be enacted, approved and adopted by one motion, unless a request for removal, discussion or explanation is received from any Board member or member of the public in attendance. Items the Board pulls for discussion or explanation will be addressed following Section G.

Formal action is requested from the Board of Education to accept the grants/awards/agreements, as detailed on the attached sheet dated January 3, 2018. 

The District has received donations as summarized on the attached sheet dated January 3, 2018.  The estimated values for any non-cash donations (as indicated by an asterisk) are those provided by the donor.  Staff recommends acceptance of these donations.

The planned fund-raising events for the 2017-18 school year is summarized on the attached sheet dated January 3, 2018.

Additional revenue for schools.

Permission is requested of the Board of Education to approve the following contracts for services as detailed on the attached sheets dated January 3, 2018.

As noted per contracts summary.

Attached are the summaries of Payroll and Vendor Warrants issued during the month of November 2017.

                Total of payroll warrants (November 2017):          $  12,179,404

                Total of vendor warrants (November 2017):           $  22,404,676

As noted above.

The District would like to adopt a memorandum of understanding (MOU) with PCC Education, a California corporation, to establish a short term cultural exchange program. This program involves the hosting by the District of a group of visiting students from China at Madera Elementary School, Korematsu Middle School, and De Anza High School for up to eight days from January 31 to February 9, 2018. The MOU is limited in duration, and will end byFebruary 28, 2018.

The primary purpose of this MOU is to afford students of West Contra Costa Unified School District and PCC Education the opportunity to build cross cultural understanding between the United States and China. This visit builds on previous efforts by the Madera, Korematsu, and De Anza communities to build cultural and academic exchange with schools in China.

PCC Education will pay negotiated fees to the District for the investment of staff time and resources.

Routine personnel changes include actions to hire, promote or terminate classified employees in accordance with appropriate laws, established policies and procedures.

None

As a result of the recent Federal Program Monitoring review, Board Policy updates were recommended for the following:

BP 0410 Nondiscrimination In District Programs and Activities
BP 1312.3 1312.3 Uniform Complaint Procedures
BP 5146 Married/Pregnant/Parenting Students

In order to conform with legal compliance and provide students and families with accurate information via Board Policies, these updates are provided as a first read for the Board and public.  These policies will return on a subsequent Board agenda for approval.

None

Staff is seeking ratification of change orders on the following construction projects: Valley View Elementary School Partial Campus Demolition & Harmon Knolls Campus Demolition. Valley View Elementary School Partial Campus Demolition project change order includes a credit for scope of work omitted; demolition of one portable building. Harmon Knolls Campus Demolition project change order includes removal of additional sidewalk, additional chain link fencing and additional shrubs. Board ratification is required under state law in order to process the contract adjustment and complete payment.

In accordance with Public Contract Code 20118.4, the Board, by ratifying these Change Orders, finds that it would have been futile to publicly bid the work in question because of the tight time frames to complete this work without affecting the operations of the District, and that the public is best served by having this work completed by the contractor on the project.

Total ratification by this action: $6,393.75. Funded from Bond Fund. The change orders are within the Board Approved Site Budget.

Contracts and amendments have been initiated by staff using previously qualified consulting, engineering or architectural firms to assist in completion of the referenced projects. Public contracting laws have been followed in initially qualifying and selecting these professionals.

Total for this action: $332,666.  Funding sources are General Fund ($20,000), Cafeteria Fund 13 ($40,000), Bond Fund 21 ($228,106), and Capital Outlay Fund 40 ($44,560).  All proposed contracts and amendments are within the Board approved budget. 

01-8150-6202-615-0000-8500-400110-0-8151          $20,000

13-5310-5640-651-0000-3700-400140-0-0000          $40,000

21-9745-6201-146-0000-8500-400130-0-0000            $1,000

21-9745-6207-160-0000-8500-400130-0-0000          $11,860

21-9748-5860-615-0000-8500-400130-0-0000         $115,246

21-9748-6202-615-0000-8500-400130-0-0000         $100,000

40-0000-6202-615-0000-8500-400130-0-0000           $44,560

                                                                 Total          $332,666

None

The California Supreme Court has held that a Board Members' writings and communications about public business are not excluded from a California Public Records Act (CPRA) request simply because they have been sent from, or received in, a personal account or personal device. (City of San Jose v. Superior Court (March 2, 2017) 2017 WL 818506.) In other words, regardless of whether board members communicate using the district email server or a private electronic method of communication, that communication may be subject to a CPRA request.

The proposed Board Bylaw outlines steps to ensure compliance with both the California Public Records Act and the Brown Act. In addition, the proposed bylaw would limit electronic communication by Board members during meetings of the Board.

None

The Board will hear information about K-8 schools and be asked to vote on the expansion of three schools:  Montalvin, Verde, and Peres.  

The Superintendent will explain the rationale for K-8 schools and the decision behind these three schools at this time. 

Additional details will be presented.

Costs vary over time.  

Pursuant to California Education Code section 17250.10 et seq. (“Design-Build Statute”), the District advertised a Request for Qualifications for Design-Build Construction services on May 22, 2017, pursuant to which the District prequalified five (5) design-build firms (“Prequalified Firms”) for the Wilson Elementary School Replacement Project (“Project”). Thereafter, on September 1, 2017, the District issued a Request for Proposals (“RFP”) to invite the Prequalified Firms to submit competitive sealed proposals to design and build the Project. All Prequalified Firms submitted Proposals on September 29, 2017.

The Proposals were evaluated by the District’s Evaluation Committee - which consisted of District staff, Wilson Elementary School principal and PTA secretary as well as industry professionals- to determine which Proposal provided the “best value” to the District. The Committee’s review included evaluation of the objective criteria set forth in the RFP, including but not limited to, price, features, functions, life-cycle costs, experience, and past performance.  Additionally, the District held team presentations starting on October 10, 2017 wherein the Prequalified Firms presented proposed project details, means/method, schedule, and line item estimates.  Based on the Committee’s review and evaluation of the Proposals and team presentations, the Committee recommended award of the Agreement to the C Overaa & Co design-build entity as the firm offering the best value to the District for the Project.

Facilities staff presented the recommended team, design/project approach, and next steps to Facilities Subcommittee on November 14, 2017. The Facilities Subcommittee emphasized the importance and desire for local hire and local business utilization which is in the agreement.  Thereafter, Facilities staff met with Wilson staff and Wilson community to provide a project update. 

On December 19, 2017, staff recommended to the Facilities Subcommittee that the District enter into the Agreement with C Overaa & Co to design and construct Wilson Elementary School.  The Facilities Subcommittee recommended staff identify possible cost alternatives in the Board approved Material and Product Standards for Board consideration on January 3, 2018.

The Agreement provides for C Overaa & Co to perform the design and construction services required to complete the Project for a stipulated sum of Thirty Five Million One Hundred Thirteen Thousand Three Hundred Forty-Five Thousand Dollars ($35,113,345).

  $35,113,345. (21-9745-6211-165-0000-8500-400130-0-0000).

An agreement between the Teamsters Union Local 856 and the West Contra Costa Unified School District in regards to District and employee health benefit contributions.  Specifically, the parties agreed to raise the contribution rate from 80% of the Bay Area Kaiser rate for 2016 to 80% of the 2018 Bay Area Kaiser rate enact the following District health care contributions while the parties continue the collective bargaining process.

This agreement is directly correlated to the efforts of Teamsters 856 presenting the impact of January 2018 health care increases for employees during the negotiation process.  The West Contra Costa Unified School District Board of Education and the Superintendent recognize this impact and wish to use this short-term agreement as a springboard to future collaboration on a long-term agreement with our employees represented by Teamsters 856.

School districts are required to publicly disclose the provisions of all collective bargaining agreements before they ratify an agreement.  This ensures that the public is aware of the details associated with a tentative collective bargaining agreement before it becomes binding on the district.  A summary of the financial implications is attached.  This summary has been provided to the County Office of Education.

The West Contra Costa Unified School District and Teamsters Local Union 856 have engaged in discussions in regards to district babysitter and playground supervisor and minimum hourly wage pay of $13.60, effective January 1, 2018.

The negotiations on this item came to the forefront with the October 1, 2017 enactment allowing playground supervisor to join a bargaining unit.  The babysitter job class has also entered into the Teamsters 856 unit. Through negotiations, it was determined to update the wages of the employees who serve the District in these roles.

Specifically, the babysitters provide service and care at meetings that parents and community members would not be able to attend without the service.  The playground supervisors provide monitoring and oversight of playgrounds at elementary schools.

School districts are required to publicly disclose the provisions of all collective bargaining agreements before they ratify an agreement.  This ensures that the public is aware of the details associated with a tentative collective bargaining agreement before it becomes binding on the district.  A summary of the financial implications is attached.  This summary has been provided to the County Office of Education.

The District’s auditing firm, Christy White & Associates, will present their independent audit report of the Measure G Parcel Tax for the year ended June 30, 2017.

The 2016-2017 Measure G Audit report is posted on the WCCUSD web site.

None

The District’s auditing firm, Christy White & Associates, will present their independent audit report of the West Contra Costa Unified School District’s financial position, internal control, and federal and state compliance for the year ended June 30, 2017.

The 2016-2017 Audit report is posted on the WCCUSD web site.

None

At the October 18, 2017 meeting, the Board approved committee membership according to Board Policy 1221 Parcel Taxes. While not all of the organizations that are requested to provide a member have been able to do so, it is important to appoint the members who have been recommended. The Board is being asked to approve membership for Valerie Jameson, Youth Program Leader and Anton Jungherr who is replacing Jack Weir, Contra Costa County Taxpayers Association. The Board of Education will approve remaining nominations at a public meeting as they are received. Nomination forms are on file and available for viewing at the district office. 

The membership of the committee includes: 

None

This item serves to update the Board on the budget transfers that are needed in the building and construction funds.  The District’s Board Policy indicates that budgets are updated at the interim report periods. However, the VLS Audit Reports recommends (TC5, TC6) that the building funds be updated with the board more frequently.

Education Code 42600 allows for transfers to be made from the designated fund balance or the unappropriated fund balance to any expenditure classification or between expenditure classifications (major objects) at any time by written resolution of the board of education of any school district governed by a board of education. District staff has updated the budgets for Bond Fund 21.

In order to maintain proper accounting in object code accounts for various funds, budget revisions, resulting increases and/or decreases in appropriations for the 2017-18 fiscal year must be authorized by the Board through a resolution. 

This resolution is a result of project close-out for De-Anza $106,280, Greenwood Academy $455,582 and Montalvin $250,000.  Income of $22,510 was received after contract reconciliation (Valley View $16,825 & De Anza $5,685).    

For Fund 21 there is an increase of Fund Balance of $834,372.

Budget revision for Fund 21 – Bond Fund

Pursuant to Board direction, all change orders that cause a contract’s cost to exceed ten percent (10%), or are of an individual value of $250,000 or more, will be considered for action separately from change orders not meeting these criteria.

The Pinole Valley High School New Campus project requires modifications to the hillside retaining wall to accommodate existing site conditions. The retaining walls are necessary to maintain fire access around the back of the campus. The additional cost is greater than $250,000. It would be futile to publically bid the work in question because of the tight time frames to complete this work without affecting the operations of the District, and that the public is best served by having this work completed by the contractor on the project. The additional cost is within the Board approved Project budget.

 $293,030.00 Funded from Bond Fund. (21-9748-6211-362-0000-8500-400130-0-0000)

Pursuant to Board direction, all change orders that cause a contract’s cost to exceed ten percent (10%), or are of an individual value of $250,000 or more, will be considered for action separately from change orders not meeting these criteria.

The Korematsu Middle School Drain Pipe project required unforeseen modifications to piping installation, removal and disposal of unsuitable soils and relocation of irrigation piping to accommodate fence post footing at the pedestrian ramp. The additional cost will increase the total contract’s change order percentage to exceed ten percent. It would be futile to publically bid the work in question because of the tight time frames to complete this work without affecting the operations of the District, and that the public is best served by having this work completed by the contractor on the project. The additional cost is within the Board approved Project budget.

  $1,827.59 Funded from Bond Fund. (21-9745-6219-214-0000-8500-400130-0-0000)

Lovonya DeJean Middle School - January 17, 2018

At 10:00 PM, any items remaining on the agenda that require immediate attention will be moved to this time.  All other items will be tabled to another or the following Board meeting in order to make fair and attentive decisions.  The meeting will adjourn at 10:30 PM.  The meeting may be extended by a majority vote of the Board of Education.