banner

Board of Education Regular Meeting
West Contra Costa USD
March 01, 2017 6:30PM
LOVONYA DEJEAN MIDDLE SCHOOL 3400 MACDONALD AVENUE RICHMOND, CA 94805

A. CLOSED SESSION
A.1. CALL TO ORDER
A.2. DISCLOSURE OF ITEMS TO BE DISCUSSED IN CLOSED SESSION - (Government Code 54957.7)
A.3. RECESS TO CLOSED SESSION AS SCHEDULEDWas edited within 72 hours of the Meeting
Quick Summary / Abstract:

The Board will convene at 5:00 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.



A.3.1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION/SIGNIFICANT EXPOSURE TO LITIGATION [Government Code Section 54956.9(d)(2) or (d)(3)]
Quick Summary / Abstract:

Six cases

A.3.2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION/INITIATION OF LITIGATION [Government Code Section 54956.9(d)(4)]
A.3.3. CONFERENCE WITH LABOR NEGOTIATORS
Quick Summary / Abstract:

WCCUSD Negotiators: Superintendent Matthew Duffy and Assistant Superintendent Ken Whittemore for the following groups:
  a.    Employee Organizations
         -UTR
         -Local One
         -School Supervisors Association
         -WCCAA
 b.     Unrepresented Employees
         -Confidential and Management

A.3.4. PUBLIC EMPLOYEE APPOINTMENT
A.3.4.1. Summer School Administrative Assignments
Speaker:
Ken Whittemore
Comments:

Summer School Administrative Appointments

Recommended Motion:

Recommend Approval

Financial Impact:

None

A.3.4.2. Reassignment of Administrators
Speaker:
Ken Whittemore, Assistant Superintendent, Human Resources
Comments:

The staff recommends to the Governing Board that notice be given to reassign two (2) Administrators for the 2017-18 school year, pursuant to California Education Code Section 44951.

Principal Elementary                        .20 FTE
Vice Principal Elementary                   1 FTE
Director Adult Alternative Education  1 FTE


Recommended Motion:
Recommend Approval
Financial Impact:
To be determined
A.3.5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
A.3.6. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE/COMPLAINT (Government Code Section 54957)
A.3.6.1. Resolution No. 63-1617: Non-Reelection of Probationary Certificated Employees
Speaker:
Ken Whittemore, Assistant Superintendent, Human Resources
Comments:
In order to non-reelect probationary teachers, the Board must take action pursuant to Education Code Section 44929.21.  Thereafter the Superintendent is authorized to send a notice to the identified probationary teachers.
Recommended Motion:
Recommend Approval
Attachments:
Resolution 63-1617 Nonreelects
A.3.7. REPORT OF CLOSED SESSION ACTIONS
B. OPENING PROCEDURES (30 Min)
B.1. Pledge of Allegiance
B.2. Welcome and Meeting Procedures
B.3. Roll Call
B.4. Report/Ratification of Closed Session
B.5. Review of Number of Requests to Address the Board For Comment On Individual Agenda Items
B.6. Agenda Review and Adoption (Public Comment)
B.7. WCCUSD Public Comment
Quick Summary / Abstract:

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.

C. AWARDS AND RECOGNITIONS
C.1. Gold Ribbon School Recipient Coronado Elementary (15 Min)
Speaker:
Nia Rashidchi, Interim Associate Superintendent, PreK-Adult Educational Operations
Comments:
A presentation will be provided by the school.

Recommended Motion:

For Information Only

Financial Impact:

None

Attachments:
Gold Ribbon Presentation - Coronado Elementary
D. COMMITTEE COMMUNICATION
Quick Summary / Abstract:
(Education Code 35145.5; Government Code 54950 et seq.)
D.1. Request to Address the Board - Ryan Bealer
Speaker:
Matthew Duffy, Superintendent
Comments:

Introduction of Healthy Richmond's LCAP parent group's curriculum.

Recommended Motion:

For information only

Financial Impact:

None

D.2. Superintendent's Report
D.3. In Memory of Members of the School Community
Speaker:
Matthew Duffy, Superintendent
Comments:

The District would like to take time to recognize the contributions of members of our school community who have passed away.  The District requests the community to submit names to be reported as a regular part of each agenda.

Grant Elementary second grader Leon Lockhart died at home after suffering from an unknown illness.  He was seven years old.

Kennedy High School graduate Landrin Kelly passed away.  He was the father of Terrance Kelly, and CEO and founder of the Terrance Kelly Youth Foundation, which supported many student and families through a variety of programs and services, particularly at Richmond High and DeJean Middle School.

Special Education teacher Solana Henneberry passed way in February.  Ms. Henneberry was a technology communications specialist for special needs children with the District from 2005-2008 and 2013-2017.  Ms. Henneberry was also a trustee with the Alameda Unified School District, elected in November 2014 and served as president of the board in 2016.  Her term was set to end in 2018.  Ms. Henneberry was a strong advocate for traditional, neighborhood schools and was very dedicated to the community.

Our thoughts go out to the family and friends in the loss of their loved one.

Recommended Motion:

For Information Only

Financial Impact:

None

E. DISCUSSION ITEMS AND REPORTS
E.1. Joint Initial Bargaining Proposal – with West Contra Costa Unified School District and West Contra Costa Administrators Association (WCCAA) (5 Min)
Speaker:
Ken Whittemore, Assistant Superintendent, Human Resources
Comments:
Pursuant to the Educational Employment Relations Act, the initial proposal for negotiations by school districts and labor unions must be submitted at a public meeting of the governing board.  The joint initial proposal of West Contra Costa Administrators Associate (WCCAA) and West Contra Costa Unified School District is presented tonight as an information item.  At the next regularly, scheduled board meeting this item will come back for public hearing and adoption by the Board of Education.   
Recommended Motion:
That the Board of Education adopt the joint initial bargaining proposal for labor negotiations with the West Contra Costa Administrators Association.
Financial Impact:
To be determined
Attachments:
Joint Initial Reopener Proposal with WCCUSD & WCCAA
E.2. Initial Bargaining Proposal from School Supervisors Association (SSA), IFPTE Local 21 to the West Contra Costa Unified School District (5 Min)
Speaker:
Ken Whittemore, Assistant Superintendent, Human Resources
Comments:
Pursuant to the Educational Employment Relations Act, the initial proposal for negotiations by school districts and labor unions must be submitted at a public meeting of the governing board.  The initial proposal of School Supervisors Association (SSA), IFPTE Local 21 to the West Contra Costa Unified School District is presented tonight as an information item.  At the next regularly, scheduled board meeting this item will come back for public hearing and adoption by the Board of Education.   
Recommended Motion:
That the Board of Education receive the initial bargaining proposal for labor negotiations with the School Supervisors Association (SSA), IFPTE Local 21.
Financial Impact:
To be determined
Attachments:
Initial Bargaining Proposal from SSA-Local 21
E.3. Initial Bargaining Proposal from West Contra Costa Unified School District to School Supervisors Association (SSA), IFPTE Local 21 (5 Min)
Speaker:
Ken Whittemore, Assistant Superintendent, Human Resources
Comments:
Pursuant to the Educational Employment Relations Act, the initial proposal for negotiations by school districts and labor unions must be submitted at a public meeting of the governing board.  The initial proposal of the West Contra Costa Unified School District to School Supervisors Association (SSA), IFPTE Local 21 is presented tonight as an information item.  At the next regularly scheduled board meeting this item will come back for public hearing and adoption by the Board of Education.
Recommended Motion:
The Board of Education receive the initial bargaining proposal for labor negotiations with School Supervisors Association (SSA), IFPTE Local 21.
Financial Impact:
To be determined
Attachments:
Initial Bargaining Proposal to SSA-Local 21
F. ACTION ITEMS
F.1. Middle School Textbook Adoption (15 Min)
Speaker:
Nia Rashidchi, Interim Associate Superintendent, PreK-Adult Educational Operations
Comments:

The Middle School Textbook adoption committee unanimously recommends the adoption of McGraw Hill’s StudySync English Language Arts program for the 2017-18 school year. StudySync is a comprehensive, twenty first century solution which was built from the ground up using the blueprint provided in California’s’ ELA/ELD Framework to fully align with the interrelated California Common Core Standards.  The program’s instruction guides students to develop the readiness for college, career, and civic life, become broadly literate, and acquire the skills for living and learning in the 21st century.  It blends technology and helps teachers provide universal access to learners of all types. The blended learning approach provides students opportunities to engage with technology and provides scaffolding to meet individual learning needs.

Committee Members/Field Test Teachers:

Deborah Brittain, Dilan Pedraza Helms Middle School

Lynne Dirk, Lucy Giusto, Caleb Owens Hercules Middle School

Sarah La Due, Blair Krug Korematsu Middle School

Joanne Chen, Brett Lackey, Ryan Tsugawa Mira Vista K-8 School

Leah Miller Crespi Middle School

Andrew Gonzales Pinole Middle School

Denise Van Hook Principal, Pinole Middle School

L. Renee Lama Principal, Hercules Middle School

Lyda Butler, Instructional Specialist Curriculum & Instruction

Kate Gliksman, Program Specialist Curriculum & Instruction



Recommended Motion:

Recommend Approval


Financial Impact:

$1,098,688 (General Fund Textbook Materials)

F.2. Adopt Resolution No. 64-1617 Ratifying Budget Revisions, Resulting Transfers, Increases and/or Decreases in Appropriations for the 2016-17 Budget Year (20 Min)
Speaker:
Sheri Gamba, Associate Superintendent Business Services
Comments:

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. The 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 transfers, and increases and/or decreases in appropriations for the 2016-17 fiscal year must be authorized by the Board through a resolution. 

The resolution allows for the distribution of fund balance to establish budgets for Facilities Master Plan projects at Wilson Elementary and Richmond HS (Seismic), and  Nystrom Elementary School for fiscal year 2016-17.  For Fund 21 there is a decrease of Fund Balance of $2,250,630. This action also increases the revenue budget for projected interest earnings. It allows staff to establish the Standard Account Code Structure (SACS) budgets for Facilities Master Plan projects approved by the Board for fiscal year 2016-17.

Recommended Motion:

Adopt Resolution No. 64-1617

Financial Impact:

Budget revision for Fund 21 – Bond Fund

Attachments:
1. Resolution 64-1617
2. Budget Summary Report
F.3. Nystrom Elementary School Modernization Project Change Order 56 through 86 Approval (10 Min)
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

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

The Nystrom Elementary School Modernization Project (“Project”) includes the modernization and historical preservation of existing classroom buildings and is currently in the Close-Out Phase.  Project change orders have exceeded the ten percent threshold so all future change orders accordingly are to be presented to the Facilities Subcommittee and then the Board as an action item for approval.

Change Order Nos. 56 through 86 are for the payment of undisputed amounts and collection of credits owed to the District.  District staff vetted and reviewed all pending Proposed Change Orders currently outstanding on the Project to determine any undisputed amounts.  Payment of undisputed amounts is necessary in order to comply with applicable statutory requirements to make prompt payment of undisputed amounts pursuant to Public Contract Code § 20104.50.  The total value of undisputed amounts is $282,291.27. Once paid, the total amount of undisputed change orders would represent 11.8% of the Project contract value.  Additionally, there are change orders that include credits owed to the District in the total amount of –$236,929.24, thereby reducing the Project change order percentage to 10.7% of the contract value.These change orders were reviewed at the Facilities Subcommittee meeting on February 28, 2017.

 

Contract Amount

Change Order % of Contract

Change Order Numbers

Original Contract Amount

$21,188,102

 

 

Previously Approved / Ratified COs

$2,220,239.89

10.48%

1-55

Undisputed Amounts

$282,291.27

11.8%

56-62, 64, 67-68, 70-81

Credits Owed to the District

-$236,929.24

10.7%

63, 65-66, 69, 82-86


Recommended Motion:

 Approve all change orders for the Project.

 

Financial Impact:

$45,362.03. Funded from Bond Fund.

F.4. 2017 CSBA Delegate Assembly Election (10 Min)
Speaker:
Matthew Duffy, Superintendent
Comments:

The California School Boards Association (CSBA) has issued its ballot for candidates for Delegate Assembly, Subregion 7-A (Contra Costa County), to serve a two-year term beginning April 1, 2017 to March 31, 2019.  The ballot provides for the Board to vote for three candidates.

Recommended Motion:

Cast ballot for Subregion 7-A representatives to the CSBA 2017 Delegate Assembly.

Financial Impact:
None
Attachments:
2017 Delegate Assembly Ballot
G. BUSINESS ITEMS - CONSENT ITEMS
Quick Summary / Abstract:

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 disposition of the remaining Consent Items under Section G Consent Items.

G.1. Grants/Awards/Agreements
Speaker:
Sheri Gamba, Associate Superintendent Business Services
Comments:

Formal action is requested from the Board of Education to accept the grants/awards/agreements, as detailed on the attached sheet dated March 1, 2017. 

Recommended Motion:
Recommend Approval

Financial Impact:
As noted per grants summary.
Attachments:
Grants Summary 030117
G.2. Acceptance of Donations
Speaker:
Sheri Gamba, Associate Superintendent Business Services
Comments:

The District has received donations as summarized on the attached sheet dated March 1, 2017.  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.


Recommended Motion:
Recommend Approval

Financial Impact:

As noted per donations summary.


Attachments:
Donations Summary 030117
G.3. Approval of Fund-Raising Activities
Speaker:
Sheri Gamba, Associate Superintendent Business Services
Comments:

The planned fund-raising events for the 2016-17 school year is summarized on the attached sheet dated March 1, 2017.


Recommended Motion:
Recommend Approval

Financial Impact:

Additional revenue for schools


Attachments:
Fund Raising Summary 030117
G.4. Contracts
Speaker:
Sheri Gamba, Associate Superintendent Business Services
Comments:

Permission is requested of the Board of Education to approve the following contracts as detailed on the attached sheets dated March 1, 2017.

Recommended Motion:

Recommend Approval

Financial Impact:
As noted per contracts summary
Attachments:
1. Contract Summary 030117
2. Contracts Back-Up 030117
G.5. Alternative Intervention Support (AIS) Tutoring Contract (formerly known as Supplemental Educational Services (SES) under No Child Left Behind)Was edited within 72 hours of the Meeting
Speaker:
Nia Rashidchi, Interim Associate Superintendent, PreK-Adult Educational Operations
Comments:

Student supplemental supports, that formerly came under the Supplemental Educational Services (SES) program of former No Child Left Behind Federal legislation, are continuing to be provided under the new Every Student Succeeds Act federal legislation.

We are asking the board to approve contracts to provide supplemental tutoring and intervention services for up to 2,500 students who have demonstrated academic need at our 25 Title I schools.  The required set-aside dollar amount for this Every Student Succeeds Act (ESSA) federal legislation tutoring/intervention program is $1.2 million.

The following organizations will provide the tutoring/intervention services:

            A Tree of Knowledge
            Bright Futures
            Club Z! Tutoring Services
            J-Vision, Inc.
            Rising Scholars
            Sylvan Learning
            TutorWorks, Inc.
            Zion Learning

No single contract to any provider will exceed $200,000. Final contracts will be based on student enrollment and participation.

Recommended Motion:
Recommend Approval

Financial Impact:
Required expenditure of Title I ESSA ($1.2 million) reservation

Attachments:
Educational Services Contracts
G.6. Ratification of Board Committee Liaison Roster
Speaker:
Matthew Duffy, Superintendent
Comments:

At their recent retreats in December and January, the Board determined assignments for 2017 including Board Subcommittees and Liaisons, as well as High School Families. 

Recommended Motion:

Recommend Approval to Ratify Committee Liaison Assignments

Financial Impact:

None

Attachments:
Board Assignments 2017 Revised
G.7. Approval of Board Member Travel
Speaker:
Matthew Duffy, Superintendent
Comments:

Board Bylaw 9250 stipulates members of the board shall be reimbursed for allowable expenses incurred in attending any meetings or in making any trips on official business of the school district when so authorized in advance by the Board of Education.  (Education Code 35044).  Board Member Mister Phillips has expressed interest in attending the following:

-CSBA Masters in Governance Workshops, March 24 and 25, 2017, Burlingame

Cost for In State Travel including registration and hotel are $655.68.

Recommended Motion:

Recommend Approval

Financial Impact:

$655.68 from the General Fund In State Travel, leaving balance of $12,747.22 for the year 2016-2017.

G.8. Resolution No. 65-1617: Arts Education Month
Speaker:
Marcus Walton, Communications Director
Comments:

This resolution proclaims the month of March as Arts Education Month and encourages all educational communities to commemorate this time with appropriate instructional activities.

Recommended Motion:

Recommend Approval


Financial Impact:

None

Attachments:
Resolution 65-1617: Arts Education Month
G.9. Resolution No. 66-1617: Women's History Month
Speaker:
Marcus Walton, Communications Director
Comments:
This resolution proclaims the month of March as Women’s History Month and encourages all educational communities to commemorate this time with appropriate instructional activities.
Recommended Motion:

Recommend Approval

Financial Impact:

None

Attachments:
Resolution No. 66-1617: Women's History Month
G.10. Resolution No. 67-1617: Cesar Chavez Day
Speaker:
Marcus Walton, Communications Director
Comments:

This resolution is in recognition of César Chávez for his great leadership in bringing social justice to California’s migrant farm workers, providing a model of solving problems through non-violent, democratic actions and a life of service to others.


Recommended Motion:

Recommend Approval

Financial Impact:

None


Attachments:
Resolution No. 67-1617: Cesar Chavez Day
G.11. Ratification and Approval of Engineering Services Contracts Was edited within 72 hours of the Meeting
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

Contracts have been initiated by staff using previously qualified consulting, engineering, architectural, or landscape architectural firms to assist in completion of the referenced projects.  Many of the firms are already under contract and the staff-initiated work may be an extension of the firm’s existing contract with the District.  Public contracting laws have been followed in initially qualifying and selecting these professionals.

Recommended Motion:

 Ratify and approve contracts.

Financial Impact:

Total for this action: $198,360.  Funding source is Bond Fund.

Attachments:
1 - Engineering Services Ratification Summary
2 - Amendments
G.12. Ratification of Negotiated Change Orders
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

Staff is seeking ratification of Change Orders on the following current District construction project:  Pinole Valley HS New Campus (time extension only) & El Cerrito HS Stadium Fencing Improvement. Change Orders are fully executed by the District upon signature by the Superintendent’s designee.  Board ratification is the final step required under state law in order to complete payment and contract adjustment.

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.

Recommended Motion:

Ratify negotiated Change Orders as noted

Financial Impact:

 Total ratification by this action:  $1,088.00.

Attachments:
Change Order Approval Table
G.13. Ratification of Negotiated Non-Bond Change Orders
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

Staff is seeking ratification of Change Orders on the following current District construction projects:  Kennedy HS Building 900 Wing Restroom Remodel (Fund 40). Change Orders are fully executed by the District upon signature by the Superintendent’s designee.  Board ratification is the final step required under state law in order to complete payment and contract adjustment.

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.

Recommended Motion:

Ratify negotiated Change Orders as noted.

Financial Impact:

Total ratification by this action:  $2,555.00. Funded from Fund 40.

Attachments:
Non-Bond Change Order Approval Table
G.14. Ratification of Staff Awarded Contracts (CUPCCAA): December 2016 – January 2017
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

Staff solicited bids per the California Uniform Public Construction Cost Accounting Act (CUPCCAA) Resolution #90-0809, approved by the Board on May 20, 2009. The resolution allows public projects under a State defined value to be performed by negotiated contract. The resolution further allows the Governing Board to delegate authority to award informal contracts to specific staff members (e.g. Superintendent, Superintendent’s designee). 

Recommended Motion:

Ratify staff awarded contracts.

Financial Impact:

Total for this action: $233,492.  Funding sources are Fund 21($84,924.56), Fund 40 ($73,605.84), Fund 01 ($74,961.60).


Attachments:
Dec. & Jan CUPCCA
H. UNFINISHED REQUESTS TO ADDRESS THE BOARD
I. COMMENTS FROM THE BOARD OF EDUCATION AND FUTURE AGENDA ITEMS
J. THE NEXT SCHEDULED BOARD OF EDUCATION MEETING
Quick Summary / Abstract:

Lovonya DeJean Middle School - March 29, 2017

K. ADJOURNMENT
Quick Summary / Abstract:

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.

Disability Information:
Special Accommodations: Upon written request to the District, disability-related modifications or accommodations, including auxiliary aids or services, will be provided. Please contact the Superintendent’s Office at 510-231-1101 at least 48 hours in advance of meetings.

Published: February 17, 2017, 12:55 PM

The resubmit was successful.