Property:  5000 Patterson Circle, Richmond, CA
Agency Negotiation:  Superintendent Dr. Bruce Harter 
Under Negotiation:  Potential disposition or future utilization of site

Seven cases

WCCUSD Negotiators: Superintendent Bruce Harter 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

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. 

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 E.

Formal action is requested from the Board of Education to accept the grants/awards/agreements, as detailed on the attached sheet dated April 27, 2016. 

The District has received donations as summarized on the attached sheet dated April 27, 2016.  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.

School Nutrition Employee Appreciation Week (May 2-6, 2016)  was created to thank thousands of nutrition professionals who prepare healthy food, adhere to strict nutrition standards, navigate student allergies and offer service with a smile nationwide.  On an annual basis, the Board has adopted a Resolution to celebrate the hard work and commitment of our District’s nutrition personnel.

 None

None, cost is covered by parent donations.

It is important Board Policies are continuously updated to keep pace with new laws and regulations set forth by the State of California.  The Board Policies in this packet have been adjusted to incorporate recommendations provided by the California School Board Association (CSBA).  The recommended adjustments have been reviewed by cabinet and are before the Board of Education for approval.

BP 1312.3 Uniform Complaint Procedures
BP 4030 Nondiscrimination in Employment
BP 4040 Employee Use of Technology
BP 4121 Temporary/Substitute Personnel
BP 5141 Health Care and Emergencies
BP 6146.1 High School Graduation Requirements 

On June 30, 2015, Governor Brown signed Senate Bill 277 which amends the Health and Safety codes.  The main impact to this amendment limits exemptions from immunizations to medical reasons only.  Exemptions for religious beliefs are no longer available beginning January 1, 2016.  Due to this change in law BP 5141.31 – Immunizations needed to be updated to correspond with current law.

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Special Education Local Plan Areas (SELPAs) must have an up to date Special Education Local Plan that specifies the operations and services provided to identified Special Education students.  A Local Plan has 24 assurances.  The SELPA must develop and update local policies and procedures that meet state and federal requirements to implement the 24 assurances in the Local Plan.  In a single district SELPA, these policies and procedures must be Board adopted.

BP 0420.4 Charter Schools and BP 5144.1 Suspension and Expulsions/Due Process were updated to meet current law and correlate to the assurance statements in the district’s Special Education Local Plan.

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The eighteen school districts in Contra Costa County will enter into an Interdistrict Attendance Agreement with the approval of the Governing Boards of each district for students seeking transfers to another district.  This agreement will provide uniform guidelines across the county.

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Staff is seeking ratification of Change Orders on the following current District construction projects: Nystrom ES Ph3B Renovate Classroom. 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.

Total ratification by this action:  $232,103.00 Funded from Bond Fund

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.

 Total for this action: $148,341.  Funding sources are Bond Fund ($50,550) and Fund 40 ($97,791).

Pursuant to Education Code §§ 47614 et seq., and the State Board of Education’s implementing regulations (Title 5, §§11969.1 – 11969.9) (collectively “Prop 39”), the District has certain obligations to provide reasonably equivalent school facilities to charter schools that provide public school instruction to students residing within District boundaries.  Richmond College Prep Schools (“RCP”) is a charter school that provides instruction to students residing within District boundaries and made a timely request for facilities for the 2016/17 school year.

Through mutual agreement and partnering, the District and RCP have agreed to the allocation of facilities pursuant to the attached form of Facilities Use Agreement in lieu of an allocation pursuant to Prop 39.

In order to accommodate RCP’s current enrollment, the District will provide RCP access to approximately 17,760 square feet of dedicated space as more particularly described in Exhibits “A” and “B” to the attached Facilities Use Agreement.  RCP will have use of the dedicated space commencing with the 2016/2017 school year and continuing for a period of five (5) years. RCP will pay $4.88 per square foot which equals a monthly pro rata share of $7,222.40.  With the exception of the annual fire alarm system and fire extinguisher inspections, the District will have no maintenance, custodial, inspection or repair obligations with respect to the dedicated space.  The District will furnish all utilities (electrical, natural gas, sewer, waste disposal/recycling and water services) to the dedicated space.   As part of the agreement, the District will be reconfiguring, relocating, and connecting facilities at an estimated cost of $175,000. 

 $175,000 from Fund 40 (Special Reserve for Capital Outlay)  

Staff solicited bids per the California Uniform Public Construction Cost Accounting Act (CUPCCAA) Resolution No. 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).  

Total for this action: $154,588.  Funding sources are Bond Fund ($54,615), Fund 40 ($45,949), Fund 25 ($43,100), and Fund 01 ($10,924).

The West Contra Costa Unified School District’s Facilities Subcommittee has forwarded a recommendation that Charles Cowens be appointed as the Unincorporated Area resident on the West Contra Costa Unified School District Citizens Bond Oversight Committee.

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The West Contra Costa Unified School District’s Facilities Subcommittee has forwarded a recommendation that Cameron Moore be appointed to the West Contra Costa Unified School District’s Citizens Bond Oversight Committee as the required parent/ PTA representative under Education Code Section 1528(a).

None

(Education Code 35145.5; Government Code 54950 et seq.)

Mr. Roosevelt McKindley served the district as a custodian from 2003 until 2009 with his last assignment at the Administration Building.  He was very active at Wilson Elementary in both the PTA and School Site Council.   

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On March 30, 2016, Darden Architects presented an update on the Facilities Master Plan to the Board which included the work performed to date.  The Prioritization Committee met on March 31^st and April 7^th, 2016 to develop a statement to define “Biggest Bang for the Buck” to assist the Board in their review and approval of the overall program approach and sub-options.  On April 19, 2016, the planning team presented their Facilities Master Plan recommendation to the Facilities Subcommittee.  The Facilities Subcommittee recommended that the following be provided to the Board for its consideration:

Implement Program Approach Option A with adjustments to align with community input and prioritization committee criteria including using Option B as the scope for “all school replacements”:

• Solve small scale critical issues at select school sites using the recommended scopes (seismic safety, general critical needs, and sub-option critical needs) as a guideline and including sub-options 6, 7, 8, and 9. 

• Revise the District’s Educational Specifications and Materials/Products Standards and reconsider the board-approved optimum schools sizes.

• Continue long-term program pursuant to Option B (embracing modernization through a combination of full modernization and/or replacement) incorporating revised standards/educational specifications along with sub-option #5.  This will begin with Wilson ES and Lake ES utilizing current bond authority and will continue if/when more funding becomes available. 

• Long-term:  Include all District sites into the Facilities Master Plan and update/review the plan as necessary.

Should the Board approve the recommendation, the next steps would include developing the implementation plan for Board consideration in May, 2016.

No direct fiscal impact associated with the approval of the recommendation.

Education Code Section 17620 authorizes school districts to levy a fee against any development project for the purpose of construction or reconstruction of school facilities.  Government Code section 65995 establishes the maximum amount of Level I developer fees that may be charged against development projects and authorizes that maximum amount to be adjusted for inflation every two years, as set forth in the state-wide cost index for Class B construction and as determined by the State Allocation Board.  At its February 2016 meeting, the State Allocation Board increased the maximum fee authorized from $3.36 to $3.48 per square foot for residential construction and from $0.54 to $0.56 per square foot for commercial and industrial construction.

The Level I Developer Fee Study for West Contra Costa Unified School District, prepared by Jack Schreder & Associates, dated April 7, 2016, justifies the imposition of a higher rate of fees; however, the District is subject to the statutory limitation of fees authorized by Government Code section 65995.  Therefore, the District is justified in collecting the increased Level I developer fees authorized in the amounts of $3.48 per square foot for residential construction and $0.56 per square foot for commercial and industrial construction, except the mini-storage category of commercial/industrial justification which has less impact than the statutory $0.56 per square foot fee and should be collected at the justified rate of $0.05 per square foot.  If approved by the Board, the new fees will go into effect June 26, 2016, which is sixty (60) days following adoption by the Board of the Resolution. The Level I Developer Fee Study is available for review at the Facilities Operations Center, 1400 Marina Way South, Richmond, Ca 94804.

Increase in Level I Developer Fees to $3.48 per square foot for residential construction and $0.56 per square foot for commercial and industrial construction.

The District is currently under contract with VTD for the examination of records and audit of the 2010 Measure D (2010) and 2012 Measure E (2012) bond funds.  The contract was originally executed in 2014 after a Request for Proposal (RFP) was advertised and results vetted.  The contract was executed so as to include the audit of the fiscal years ending 2014, 2015 and 2016.  The contract includes the legally required audit to ensure compliance with Section 1 of Article XIIIA, Section 1(b)(3)(C) of the California Constitution (Prop 39).  In addition, the District has requested additional “Agreed Upon Procedures” (AUP) be conducted to further vet specific areas of interest set forth by the Citizens’ Bond Oversight Committee (CBOC).  The original AUP were agreed upon at the September 14, 2014 board meeting.  Subsequently in 2015, the CBOC requested a change to the AUP resulting in a modification to the contract, including an increased cost.  The contract included terms for the augmentation and re-engaged VTD through the final two years, including the AUPs (through fiscal year end 2016 records audit).  The contract was signed in November 2015.

At the April 13, 2016 Board meeting, the CBOC presented a resolution to the Board requesting that the District engage an audit firm to perform the additional (non-Prop 39 required) procedures using “Yellow Book” standards.  The current contract includes this standard, and includes the AUP.  After discussing the CBOC’s request, the current demands on staff to participate in an extensive forensic audit along with preparing the legally required financial and performance audits, the Board may wish to consider that staff work with VTD to revise the scope of the fiscal year 2016 performance audit to that which is legally required only.

No fiscal impact.

Pursuant to the Educational Employment Relations Act, the initial proposal for negotiations by school district and labor unions must be submitted at a public meeting of the governing board.  The initial proposal of Public Employees Union, Local One will be presented, at which time the public is allowed to comment on this proposal.  A copy of the proposal is attached to the Board meeting packet and is available on the District’s webpage.

That the Board of Education hold a public hearing on the Public Employees Local One’s initial bargaining proposal to West Contra Costa Unified School District for the 2015-2016 successor agreement.

Board Adoption of Initial Bargaining Proposal

Following the public hearing on its initial bargaining proposal, the Board of Education will be asked to adopt the Public Employees Local One’s proposal to West Contra Costa Unified School District for the 2016-2019 successor agreement.

Lovonya DeJean Middle School - May 11, 2016

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.