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Board of Education Regular Meeting
West Contra Costa USD
November 15, 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 SCHEDULED
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-EXISTING LITIGATION [Government Code Section 54956.9(d)(1)]
A.3.2. 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.3.3. CONFERENCE WITH LABOR NEGOTIATORS
Quick Summary / Abstract:

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

A.3.4. STUDENT DISCIPLINE (Education Code Section 35146)
Quick Summary / Abstract:
Expulsions 

A.3.5. REPORT OF CLOSED SESSION ACTIONS
B. OPENING PROCEDURES
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. Minutes: October 18, 2017, November 1, 2017
Attachments:
Minutes 10-18-17
Minutes 11-1-17
B.8. 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. Student Recognitions: Wendy's High School Heisman State Finalist and School Winners
Speaker:
Marcus Walton, Communications Director
Comments:

The Wendy's High School Heisman Scholarship Program has recognized four West Contra Costa Unified School District seniors. Kimberly Moran, who runs cross country and swims for Pinole Valley High School was named a State Finalist, eligible to compete for a $1,000 scholarship. Pinole Valley High School's Christian Perez, a cross country runner; El Cerrito High School's Claire Sterling, who plays soccer and runs track; and Richmond High School ’s Rosario Perez, a member of the swim team, were all named winners at their respective schools.

The recognized students earned a minimum 3.0 grade point average, participates in one of 47 sports recognized by the International Olympic Committee in the Summer and Winter Olympic Games or the National Federation of State High School Association, and serves as a leader in their school and community and is a role model for younger students.

Recommended Motion:

For Information Only

Financial Impact:

None

D. 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 Section G.

D.1. Grants/Awards/Agreements
Speaker:
Chris Mount-Benites, 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 November 15, 2017.


Recommended Motion:

Recommend Approval


Financial Impact:

As noted per grants summary.

Attachments:
Grants Summary 111517
D.2. Acceptance of Donations
Speaker:
Chris Mount-Benites, Associate Superintendent Business Services
Comments:

The District has received donations as summarized on the attached sheet dated November 15, 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 111517
D.3. Approval of Fund-Raising Activities
Speaker:
Chris Mount-Benites, Associate Superintendent Business Services
Comments:

The planned fund-raising events for the 2017-18 school year is summarized on the attached sheet dated November 15, 2017.


Recommended Motion:

Recommend Approval


Financial Impact:

Additional revenue for schools


Attachments:
Fund Raising Summary 111517
D.4. Adoption of Resolution No. 50-1718: Replacement of Outdated Warrants
Speaker:
Chris Mount-Benites, Associate Superintendent Business Services
Comments:

Government Code Section 298029(c) allows the governing board, by resolution, to order replacement checks be issued for warrants that are stale dated.  This resolution authorizes the issuance of a check to replace the outdated warrant for Erin Calentine.  Staff recommends replacement of this stale dated warrant.


Recommended Motion:

Recommend approval to replace the outdated warrant.


Financial Impact:

None


Attachments:
Outdated Warrant Res 50-1718 Attachment 111517
D.5. Annual Renewal of Continuing Services
Speaker:
Chris Mount-Benites, Associate Superintendent Business Services
Comments:

Permission is requested of the Board of Education to approve the following contracts for services as detailed on the attached sheets dated November 15, 2017.

Recommended Motion:

Recommend Approval

Financial Impact:

As noted per contracts summary.


Attachments:
1. Continuing Services Summary 111517
2. Continuing Services Back-Up 111517
D.6. Summary of Payroll and Vendor Warrant Reports
Speaker:
Chris Mount-Benites, Associate Superintendent Business Services
Comments:

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

                Total of payroll warrants (October 2017):          $  12,989,021

                Total of vendor warrants (October 2017):          $  28,035,489 

Recommended Motion:

Recommend approval of the payroll and vendor warrant reports.

Financial Impact:

 As noted above

Attachments:
Payroll & Vendor Warrant Summary 111517
D.7. Classified Employee Ratification
Speaker:
Ken Whittemore, Assistant Superintendent-Human Resources
Comments:

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


Recommended Motion:

Ratify and approve classified personnel changes.

Financial Impact:

None

Attachments:
Personnel Changes - Classified
D.8. Single Plans for Student Achievement (SPSAs)
Speaker:
Nia Rashidchi, Associate Superintendent, PreK-Adult Educational Services
Comments:

The Single Plan for Student Achievement serves as a vehicle for communicating information about a school’s vision, initiatives to improve academic achievement, as well as a description of how site supplemental and concentration as well as Title I funds from the Consolidated Application are used to support these efforts.  School plans describe legally-mandated requirements and comprehensive programmatic information that includes: 

  • a description of how parents are involved in the school program;
  • data analysis and assessment of student learning;
  • an action plan for improving student achievement and closing the achievement gap;
  • a plan to improve attendance; and
  • a plan to promote a safe, welcoming, and disciplined learning environment.

Training and support are provided to assist schools in using the template, analyzing data and completing the SPSAs.  The plans are developed and approved by the School Site Councils (SSCs).  The plans are available for review on the District website at: https://www.wccusd.net/cms/lib/CA01001466/Centricity/Domain/76/2017-18%20SPSAs.pdf and at the State and Federal Programs Department located at the Vista Campus.

Recommended Motion:
Board Approval
Financial Impact:
Supplemental and Concentration ($8.3 M) and Title I funds ($2.7 M)
D.9. A-22 Adult Education Course Approval
Speaker:
Nia Rashidchi, Associate Superintendent, PreK-Adult Educational Services
Comments:
Adult schools are required to submit a list of their courses to the Adult Education Department within the California Department of Education (CDE) for approval and subsequently to the local school board for approval. Attached is the course list that was signed and approved by Cliff Moss, Education Programs Consultant, Adult Education, CDE. Please review and approve the WCCAE A-22 Course List.
Recommended Motion:
Approve the A-22 Adult Education Course list for 2017-18
Financial Impact:

None

Attachments:
Adult Ed
D.10. Career Technical Education (CTE) Advisory Board
Speaker:
Nia Rashidchi, Associate Superintendent, PreK-Adult Educational Services
Comments:

Each Career Technical Education program, assisted with state CTE grant funds, must have business and industry involvement, as evidenced by a District-wide Advisory Board. The purpose of a district-wide CTE Advisory Board is to maintain a balance between big picture, strategic spending and responsiveness to unexpected or changing business and industry needs and requirements as they come up. The CTE Advisory Board must involve business and industry partners, a representative from employment development, parent(s,) student(s,) teachers (academic and CTE), administrator(s), and a counselor.

CTE Advisory Board Proposed Membership List

Name

Organization

Stacey Martin-Bonaduce, Chairperson

Junior Achievement and Parent

Dashia Wright

Student, DAHS Health Pathway

Eli Dugan-Daniels

Student, ECHS Media Pathway

Sean Fabun

DAHS Law Pathway Lead & Social Science Teacher

Angela Johnson

PVHS Engineering (CTE) Teacher

James Lee

Richmond Chamber of Commerce

Stacey Street

Richmond Community Foundation

Chris Merrida

TechFutures

Mara Lockowandt

Lawrence Berkeley National Lab

Vivian Macnguyen

Chevron

Shannon Ladner-Beasley

Contra Costa County Health Services

Judge Judy Johnson

Contra Costa County Court

Harvey Tai

Rain Design (internship provider)

Carmen Perkins

Earn & Learn Eastbay (serving in role of EDD function)

Anne Shin

WCCUSD Executive Director, College & Career Dept.

Terri Waller

WCCUSD College & Career Employer Coordinator

Theresa Pamintuan

WCCUSD Lead Counselor

Evan Decker

Contra Costa College, Economic & Workforce Development


Recommended Motion:
Approval of CTE Advisory Board

Financial Impact:

None

D.11. Joint Use Agreements for Urban Tilth’s use of a portion of the former Adams MS, Richmond HS, and Verde ES sites for its Community Gardens and Educational Programs
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

Urban Tilth is a nonprofit organization that establishes, operates and maintains community gardens and farms and provides multi-modal education, employment and empowerment elective course to District pupils (“Community Gardens”). Urban Tilth has established Community Gardens at the former Adams Middle, Richmond High and Verde Elementary school sites (collectively “School Sites”) and provides educational opportunities to District students and the community. 

Pursuant to California Education Code section 17527 et seq., the District is authorized to enter into agreements to make vacant classrooms or other space available for rent or lease to nonprofit organizations as long as the District determines, that the use of the School Sites will not (1) interfere with the educational programs or activities of any school or class conducted on the School Sites, (2) unduly disrupt the residents in the surrounding neighborhoods, or (3) jeopardize the safety of the children at the School Sites.  Urban Tilth’s use of the School Sites for its Community Gardens is not in violation of these statutory prohibitions.  

The Joint Use Agreement for each School Site contemplates a five (5) year term and requires Urban Tilth to pay the District a pro rate share of all utilities required to operate and maintain the Community Gardens in the following amounts: 

  1. Adams MS: $499.84 per month or $5,998 per year
  2. Richmond HS: $262 per month or $3,144 per year
  3. Verde ES: $1,550 per month or $18,602 per year

The Joint Use Agreement also requires that Urban Tilth obtain the appropriate licenses and authority approvals for the operation of the Community Gardens, provide insurance coverage that names the District as an additional insured and indemnify the District for any claims or action arising out of Urban Tilth’s use of the School Sites.

Recommended Motion:

Approve the Joint Use Agreements for Urban Tilth’s use of Adams MS, Richmond HS and Verde ES for a Community Garden and related educational purposes

Financial Impact:

 None

Attachments:
Joint Use Agreements-Urban Tilth
D.12. Citizens’ Bond Oversight Committee (CBOC) Appointment: Robson Swift
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

The Facilities Subcommittee has forwarded a recommendation that Robson Swift be appointed to fill the category of the Student Representative on the West Contra Costa Unified School District Citizens’ Bond Oversight Committee for a two-year term effective November 15, 2017.

Recommended Motion:

Approve appointment as noted.

Financial Impact:
None
Attachments:
D.12 Robson Membership Application CBOC
D.13. Ratification of Negotiated Bond Program Change Orders
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

Staff is seeking ratification of change orders on the following construction projects: Pinole Valley High School New Campus and Harmon Knolls Campus Demolition. The Pinole Valley High School New Campus project change orders include the sub-drain installation along the upper campus to mitigate impact of ground and rain water from hillside onto the site, additional fire sprinkler heads, and installation of additional steel supports. Harmon Knolls Campus Demolition project change orders include credits for a deduction in the scope of work and hygienist consultant fees back charge. 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.

Recommended Motion:

Ratify Negotiated Change Orders.

Financial Impact:
Total ratification by this action: $96,472.85. Funded from Bond Fund. The change orders are within the Board Approved Site Budget.
Attachments:
Bond Change Order Approval Table
D.14. 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:   Fairmont Elementary School Portable Replacement project includes additional cost to include the installation of a storm drain, signage for classrooms, installation of library shelving, relocation of bike racks and additional hand railings.  The project also includes a paving credit. 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.

Recommended Motion:

 Ratify negotiated Change Orders.

Financial Impact:

Total ratification by this action: $6,574.00 Funded from Fund 25

Attachments:
Non-Bond Change Order Approval Table
D.15. Award of Contract: Lake Elementary School Portable Demolition
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

The scope of work for this project includes complete demolition of modular building above grade structures, concrete slab and foundations. 

The District conducted a public bid process for the project. Bids were opened on November 02, 2017.  Four (4) contractors submitted a bid: Central Valley Environmental $136,311; Evans Brothers, Inc. $167,000; Angotti & Reilly, Inc. $175,000; Cal Excavation & Underground, Inc. $297,372. 

Contract completion is anticipated January 2018.

Recommended Motion:

Award the contract to the lowest responsive, responsible bidder: Central Valley Environmental

Financial Impact:

To award the contract $136,311, funded from Fund 21. The contract is within the Board Approved Site Budget (21-9748-6211-134-0000-8500-400130-0-0000).


E. COMMITTEE COMMUNICATION
Quick Summary / Abstract:
(Education Code 35145.5; Government Code 54950 et seq.)
E.1. Superintendent's Report
E.2. Standing Reports
Comments:
Representatives of the following committees and employee unions are invited to provide a brief update to the Board.  Representatives from these groups need to sign up to speak prior to the beginning of this item on the agenda by submitting a “Request to Address the Board” form.  Five minutes may be allowed for each subcommittee or group listed below:

Academic Subcommittee                              Safety and School Climate Committee
Bayside Council PTAs                                     School Supervisors Association Local 21
Citizens’ Bond Oversight Committee            Teamsters Local 856
Facilities Subcommittee                                Technology Subcommittee
Governance Subcommittee                          United Teachers of Richmond
Ivy League Connection                                 West Contra Costa Administrators Association
                                                                      Youth Commission



F. DISCUSSION ITEMS AND REPORTS
F.1. Partners in School Innovation Update
Speaker:
Matthew Duffy, Superintendent
Comments:

Partners in School Innovation will provide an update of work to date.

Recommended Motion:

Information Only

Financial Impact:

None

Attachments:
PSI Board Presentation
F.2. Implementation of Forensic Accounting Investigation Recommendations
Speaker:
Lisa LeBlanc, Associate Superintendent Facilities, M&O, Bond
Comments:

The Board accepted the full Phase II Accounting Investigation Report on September 21, 2016.   The Phase II report contained 112 recommendations to reduce the District’s level of risk, improve overall operational and administrative efficiencies.   To date, staff has implemented several recommendations.  Pursuant to the Implementation Plan, a progress report will be made to the Board at the November 15, 2017 meeting.


Recommended Motion:

Receive report relating to the implementation of the forensic accounting investigation recommendations.

Financial Impact:

None

Attachments:
1 - Implementation Plan Update Presentation
2 - Phase II Forensic Accounting Investigation Report
3 - Matrix of Recommendations
4 - Forensic Audit Recommendation Contracts
5 - Forensic Audit Recommendation - Contract Forms
F.3. Initial Public Hearing for Rocketship San Pablo Elementary Charter Petition
Speaker:
Nia Rashidchi, Associate Superintendent, Educational Services
Comments:
On Wednesday, October 18, 2017, Rocketship Charter Management Organization (CMO) submitted a Charter Petition for a Transitional Kindergarten through fifth grade students. The Rocketship CMO plans to open in 2019-2020 using a slow growth model that will reach stated maximum enrollment 564 in 2023-24.
Recommended Motion:

For Information Only


Financial Impact:

Loss of Average Daily Attendance for the year 2019-20 for 386 students at $3,107,544 and by full enrollment in the year 2023-2024 of 600 students, $4,81,978 per academic year (see calculations below).

Assumptions for calculations are ADA for Transitional Kindergarten and 112 kindergarten through 3rd grade students at $8,112 per student, and for grades 4th through 6th, ADA of $7,689.



Attachments:
Appendix 1-Budget
Appendix 1-Budget2-ELA
Appendix 10-Talent
Appendix 11-Governance
Appendix 12-Health and Safety Policies
Appendix 13-Suspension and Expulsion
Appendix 3-Math
Appendix 4-Social Emotional Learning
Appendix 5-Personalized Instruction
Appendix 6-Bell Schedule
Appendix 7-Data
Appendix 8-RTL
Appendix 9-Special Education
Rocketship Petition
Rocketship Presentation
G. ACTION ITEMS
G.1. Call for Nominations for California School Boards Association (CSBA) Delegate Assembly
Speaker:
Matthew Duffy, Superintendent
Comments:

The California School Boards Association is accepting nominations for its Delegate Assembly.  Delegates serve a two-year term beginning April 1, 2018 through March 31, 2020 and are required to attend two meetings each year.  There are four delegates in Region 7, Sub-Region 7-A, whose terms expire in 2018.

Subregion 7-A Delegates (County: Contra Costa) - 6 elected/2 appointed
Elizabeth (Lis) Bettis (Walnut Creek ESD), 2019
Elizabeth Block, (West Contra Costa USD), 2018 (appointed)
Laura Canciamilla (Pittsburg USD), 2018
Craig Cheslog (Acalanes Union HSD), 2019
Linda K. Mayo (Mt. diablo USD), 2019 (appointed)
Kathi McLaughlin (Martinez USD), 2018
Yolanda Pena Menderk, (Liberty Union HSD), 2019
Raymond Valverde (Liberty Union HSD), 2018

Recommended Motion:

To discuss and ascertain whether the Board will nominate delegates for the CSBA Delegate Assembly.

Financial Impact:

None

Attachments:
CSBA Candidate Biographical Sketch Form
CSBA Delegate Assembly Nomination Form
G.2. Resolution No. 49-1718: Establishment of a Positive School Climate Policy
Speaker:
Matthew Duffy, Superintendent
Comments:

At the direction of the Board, the Superintendent convened a group of stakeholders to craft a policy that eliminates willful defiance as a category for suspensions and expulsions. During the course of this work, the working group identified several issues that need to be addressed in conjunction with the elimination of willful defiance as a category for suspensions and expulsions.

The draft resolution identifies resources, establishes timelines and prescribes additional work to ensure that such a policy is successful and leads to positive outcomes for students, improves the climate and culture at schools, and has the support of teachers, parents, students and administrators.

Recommended Motion:

Recommend Approval

Financial Impact:

To Be Determined

Attachments:
Resolution No. 49-1718: Establishment of a Positive School Climate Policy
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 - December 6, 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: November 9, 2017, 3:26 PM

The resubmit was successful.