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Special school board meeting July 14

Complete Board meeting packets are available for review at the Administration Building, the District’s six high schools, and at public libraries throughout West County.

Regularly scheduled Board meetings are broadcast live over Radio Station KECG 88.1 and 97.7 FM.

Tapes of Board meetings are kept on file in the Communications Office, Room 215, 1108 Bissell Avenue, Richmond, CA 94801 (510-620-2245)

Participants and spectators are requested to set cell phones and pagers to silent mode during Board meetings.


WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
BOARD OF EDUCATION

July 14, 2003
SPECIAL BOARD MEETING
ADULT EDUCATION, ALVARADO CAMPUS
MULTI-PURPOSE ROOM
5625 SUTTER AVENUE,
RICHMOND, CA 94804












The Board Meeting will begin at 6:30 p.m. in the Multi-Purpose Room.

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

See Exhibit A
(Government Code Section 54954.5)











EXHIBIT A.
(Government Code Section 54954.5)
CLOSED SESSION AGENDA

July 14, 2003

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR

1. Negotiators: WCCUSD GENERAL COUNSEL/Alan S. Hersh
WCCUSD ASSOCIATE SUPERINTENDENT FOR OPERATIONS/Vince Kilmartin

2. Property: City of Hercules, Craftsman Drive, Hercules, CA. Price and all terms of agreement.

3. Property: Cortez, 627 So. 30th Street, Richmond, CA 94801. Price and all terms of agreement.

4. Property: Approximately 17 acres, John Muir Way at San Pablo Avenue, Hercules, CA. Price and all terms of agreement.

5. Property: Approximately 8.23 acres (parcel 404-020-057), located in Hercules, CA. Price and all terms of agreement.

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
[Government Code Section 54956.9(a)]

1. WCCUSD v. BYL Phase V Associates
2. WCCUSD v. NMHC
3. WCCUSD v. Sparks Roofing
4. WCCUSD v. Willis Insurance Services
5. WCCUSD v. RDS Architects
6. Castillo v. WCCSUD
7. Comerica Bank – California v. WCCUSD
8. CRTA Protect v. WCCUSD
9. Gerson/Overstreet Architects v. WCCUSD
10. Jarema v. WCCUSD
11. Johnson v.WCCUSD
12. Sequoia Concepts v. WCCUSD
13. Williams v. WCCUSD
14. Wright v. WCCUSD

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED/POTENTIAL LITIGATION
[Government Code Section 54956.9(b)]

Three cases.

4. LIABILITY CLAIMS (Government Code Section 54956.95)

5. CONFERENCE WITH LABOR NEGOTIATORS

a. WCCUSD GENERAL COUNSEL/Alan S. Hersh
b. Employee Organizations
- UTR

- Local One

- School Supervisors Association

- WCCAA

c. Unrepresented Employees

- Confidential and Management

6. PUBLIC EMPLOYEE APPOINTMENT

2003-2004 School Year

Regional Superintendent - Secondary
Director of Personnel Services – Secondary
Elementary Principals
Middle School Vice-Principal
Senior High School Assistant Principal

7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)

8. STUDENT DISCIPLINE (Education Code Section 35146)

a. Expulsions

9. EMPLOYEE DISCIPLINE/DISMISSAL/TERMINATION (Government Code Section 54957)

10. REPORT OF CLOSED SESSION ACTIONS.

B. OPENING PROCEDURES (Estimated time 5 minutes)

B.1 Pledge of Allegiance
B.2 Welcome and Meeting Procedures
B.3 Roll Call
B.4 Report of Closed Session
* B.5 Agenda Review and Adoption (Public Comment)

C. SPECIAL RECOGNITIONS AND AWARDS

D. REQUESTS TO ADDRESS THE BOARD (Education Code 35145.5; Government Code 54950 et seq.)

“Requests to Address the Board” is to provide members of the public an opportunity to speak to the Board about any matter not on the agenda but is under the jurisdiction of the Board. Approximately 30 minutes will be allocated for this item. If there are more requests to speak than can be heard within this time limit, Requests to Address the Board will continue after Item G. Individuals wishing to speak must submit a “Request to Address the Board” form prior to the beginning of this item on the agenda. There is a three-minute time limit for each address. No “yielding of time” or “substitutions of speakers” is permitted. The Board will automatically refer to staff any formal written requests that are brought before them at this time. Written matters may be placed on a future meeting agenda.
(Estimated time 30 minutes)

BUSINESS ITEMS

CONSENT ITEMS (Routine Matters) (Estimated time 5 minutes)
Consent Calendar Items designated by “CI” are considered routine and will be enacted approved, or adopted by one motion, unless a request for removal, discussion, or explanation is received from any Board member.

*CI E.1 Lovonya DeJean Middle School Locker Installation, Landscaping and Miscellaneous Work

Comment:
In December of 2002, the Board of Education approved $584,640 for installation of lockers (lockers
only) at Lovonya DeJean Middle School. In November of 2002, the landscaping scope was deleted from Lovonya DeJean Construction Contract and the District received a $51,523 credit for the work scope deleted. The landscaping scope has been incorporated into one bid package with the Locker project. In June 2003, Division State Architect (DSA) approval was attained and project bids were opened on July 3, 2003. The results of the bid and low bidder are:

Campus Contractor Bid Amount
Lovonya DeJean Middle School Taber Construction $785,000

Recommendation:
Award of Contract for Lovonya DeJean Middle School Locker Installation, Landscaping and
Miscellaneous Work.









*CI E.2 Notification of Claims Rejected

Comment:
The District has received claims requesting compensation for personal injury and property damage. The
District’s risk management firm has investigated the claims and is requesting the School Board authorize
rejections.
2003-2004 CLAIMS REJECTED

School or Department Date of Occurance Claimant Type of Loss

Bayview Elementary School 4/30/03 District Student Personal Injury
Cesar Chavez Elementary School 3/4/03 District Resident Property Damage

Recommendation:
Rejection of Claims

*CI E.3 Room Ready Project for Telecommunications Wiring Services (CALNET)

Comment:
On April 30, 2003 the Board of Education approved the SBC Room Ready CALNET Contracts for
construction at 12 school sites and the District Administrative office. In order to comply with the GigaMAN Contract, a total of five (5) additional sites must be added to the Room Ready construction scope and the work must be completed by September 30, 2003. Two (2) campuses must be deleted from the scope of work to avoid conflict with the upcoming modernization work. The room ready designs for the additional campuses will take the future modernization plans into consideration. The proposed Room Ready work will allow most of these campuses to receive 2-3 years of improved internet access and will allow for reuse of the purchased equipment and reuse of a portion of the required infrastructure even with facility replacement. The original and new (indicated in bold) proposed sites are indicated below. Currently each campus represents a separate Contract with SBC. The 5 additional sites will also have their own individual contracts.

Public Contract Code sections 10299 and 12109 authorize school districts to piggyback on State
telecommunications contracts entered into pursuant to CALNET. SBC has been awarded a CALNET contract for telecommunications wiring services and the District desires to utilize this contract for wiring services at these 5 additional sites within the District. The District’s contract with SBC must be on the same terms and conditions as the State contract. In order to enter into an agreement with SBC, the District must also execute certain CALNET forms to submit them to the State.

Measure D
DeAnza HS Gompers Continuation HS Pinole Valley HS Pinole MS
DeJean MS El Cerrito HS Kennedy HS Richmond HS

Measure M
Bayview ES Chavez ES District Office Grant ES
King ES Nystrom ES Stege ES

Note: Verde ES and Peres ES were deleted from the scope of work.
The SBC CALNET construction costs have been adjusted to include other minor non-CALNET construction work, soft costs and required environmental work for the added sites. The original and new proposed project budgets are indicated below.

Recommendation:
Approve Agreements for Room Ready Projects with SBC pursuant to CALNET program

*CI E.4 Leadership Charter School

Comment:
The District granted a charter to Leadership Public Schools, Inc., on or about February 27, 2003, and
implemented several conditions upon Leadership, including location of adequate facilities for their operations.

Under Education Code section 47614 (“Proposition 39”) and its implementing regulations, the District is obligated to provide facilities “reasonably equivalent” to those provided to its own students to all of the in-district students attending charter schools located within the District’s enrollment boundaries. The District has offered the Site to the Charter School on which Leadership can install portable classrooms.

On June 4, 2003, the Board passed a resolution under Government Code sections 53094 and 53097.3 rendering City of Richmond zoning ordinances inapplicable to the placement of portable classrooms at the Nutrition Center adjacent to Samuel Gompers School. The Board also on that same date approved a “Facilities Reimbursement Agreement” by which Leadership would assume sole financial responsibility for the costs and expenses incurred by the District in obtaining compliance with the California Environmental Quality Act (“CEQA”) and exempting the Site from local zoning requirements. The District has also commenced taking the necessary steps to achieve CEQA compliance. The parties have been negotiating the terms of the “Charter Facilities Agreement” and the “Facilities Reimbursement Agreement” and will have copies of both documents at the July 14, 2003 meeting and will be available to the public at the July 14, 2003 Board Meeting. The parties are attempting to have both agreements executed to allow the Charter School to begin preparing the site in July 2003, to allow installation of the portable classrooms.

Recommendation:
That the Board authorize staff to enter into a “Charter Facilities Agreement” with Leadership for the
Charter School’s use and occupation of the Site located at the Nutrition Center adjacent to the Samuel Gompers Alternative School (“Site”) on which Leadership could install portable classrooms, and to enter into a revised “Facilities Reimbursement Agreement” incorporating negotiated changes with the Charter School.











F. ACTION ITEMS

* F.1 Administrative Appointments 2003-04 (Estimated time 2 minutes)

Comment:
The following administrative appointments will be reported for 2003-2004:

2003-2004 School Year

Regional Superintendent - Secondary
Director of Personnel Services – Secondary
Elementary Principals
Middle School Vice-Principal
Senior High School Assistant Principal

Recommendation:
Recommend Approval

* F.2 Approval of Agreement with West Contra Costa Administrators Association

Comment:
A Tentative Agreement, known as a straw design in interest based bargaining, has been reached with representatives of WCCAA regarding contract changes, and a ratification vote will be completed by WCCAA by the date of the Board Meeting. If approved by WCCAA, the agreement will be submitted to the Board for ratification. The contract changes provide for a freeze of the July 1, 2003 salary increase of 2% for two years. District staff will review contract changes and present a cost analysis.

Recommendation:
It is recommended that the Board of Education approve the straw design agreement.

* F.3 Measure M Bond Program Phase 1A Bid and Alternate Blind Bid Recommendations for
Riverside Elementary School (Estimated time 10 minutes)

Comment:
District staff will review the bids for Riverside Elementary School and present recommendations to the
Board of Education pending the outcome of the bid. The blind bids will be available at the
July 14, 2003 Board meeting. If the blind bids and recommended alternates are approved, staff will recommend Award of Contract at the next Board Meeting.

Recommendation:
Approval of the Recommended Blind Bids and Alternatives for Riverside Elementary School.

* F.4 Measure ‘M’ Verde Construction Bid Alternate (Estimated time 10 minutes)

Comment:
District Staff will present a proposal to add Bid Alternate No. 3 for window frame replacement contract.

Recommendation:
At discretion of the Board
* F.5 Measure M Bond Program Phase 1A Bid and Alternate Recommendations for
Award of Contract for Harding Elementary School and Hercules Elementary School

Comment:
The Bond Team and District staff presented the blind bids for Harding Elementary School and
Hercules Elementary School at the July 9, 2003 Board Meeting. District Staff is recommending
Award of Contract based upon the base bid and alternates selected by the Board of Education.

The Bid Award will be delivered to the Board as soon as the bids are completed and will be
available to the public at the July 14, 2003 Board Meeting.

Recommendation:
Award of Contract for the Recommended Base Bids and Alternates for Harding Elementary
School and Hercules Elementary School

G. DISCUSSION ITEMS

H. UNFINISHED REQUESTS TO ADDRESS THE BOARD (continued from Item D)

I. COMMENTS OF THE BOARD OF EDUCATION AND SUPERINTENDENT
(Estimated time 5 min.)
J. ADJOURNMENT
At 10:00 p.m., 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 p.m. The meeting may be extended by a majority vote of the Board of Education.

The public may address items, which are marked with an asterisk (*).

GLJ:wb
Agenda07.14

Run dates: 2003-07-12 - 2003-07-12
 


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