MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

BOARD OF EDUCATION

AGENDA

Tuesday, March 8, 2005

Closed Session 6:00 p.m.

Regular Session 7:30 p.m.

BOARD OF EDUCATION

Richard W. Allen, President

Linda K. Mayo, Vice President

Gary L. Eberhart

E. William Leal

April P. Treece

SUPERINTENDENT

Gary McHenry

ASSOCIATE SUPERINTENDENT

Alan Young, Ed.D., Educational Services

ASSISTANT SUPERINTENDENTS

Mildred Browne, Ed.D., Special Education

Roger Bylund, Elementary Education

Richard C. Nicoll, Ph.D., Administrative Services

Gail Isserman, Personnel Services

 

WELCOME

*          Addressing the Board -- To assure an orderly meeting and an equal opportunity for each speaker, persons wishing to address the Board must fill out a speaker card.  Cards are available at the meeting and must be turned in to the president of the Board prior to the beginning of the meeting.  In the interest of time, speakers are limited to three minutes each, or a total of thirty minutes for all speakers.  If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting.

*                    Meeting Ending Time -- Adjournment time will be no later than 11:00 p.m. for all regular and special meetings unless extended to a specific time as determined by a majority of the Board.

*                    Record Keeping -- For accuracy, all regular meetings of the Board of Education are tape recorded.  Tape recordings are kept on file for a period of no less than thirty days.

*                    Closed Session -- The Board of Education may meet in closed session for discussion of labor negotiations, student discipline, personnel matters, litigation, and other matters as provided for under California state law.

*                    Radio -- For the convenience of the public, Board meetings are broadcast during the school year over the Clayton Valley High School radio station KVHS (90.5 FM) starting at 7:30 p.m.

FUTURE MEETING DATE(S):

March 22, 2005                                                  7:30 p.m.                                  Regular Board Meeting

April 12, 2005                                                    7:30 p.m.                                  Regular Board Meeting

April 26, 2005                                                    7:30 p.m.                                  Regular Board Meeting

**Note:  Calendar of Future Board and Committee Meetings Attached**

 

CALL TO ORDER6:00 p.m.

1.         ANNOUNCEMENT:  In closed session, the Board will consider the items listed on the closed session agenda that follows.

2.         PUBLIC COMMENT – The public may address the Board concerning items that are scheduled for discussion during closed session only.  These presentations are limited to three minutes each, or a total of thirty minutes for all speakers.

3.         ADJOURN TO CLOSED SESSION

CLOSED SESSION

1.         Negotiations - The Board may discuss negotiations or provide direction to its representatives regarding represented employees, pursuant to the EERA (Govt. Code Section 3549.1)

Agency negotiators:  Gail Isserman, Sheila Beauchamp, and Sheila Walker.

Agencies:  MDEA, CSEA, Local One M & O, Local One CST, MDSPA, and Supervisory.

2.         Expulsions

§       Review Administrative Hearing Panel recommendations regarding 6 student expulsions.

§       Consider request for extension of timeline.

3.         Existing Litigation

4.         Anticipated Litigation

                        One potential case.

            5.         Conference with Real Property Negotiator

6.         Public Employee Discipline/Dismissal/Release/Complaint

A.  Dismissal/Release

            1 certificated administrator

            6 probationary teachers

B.  Complaint Appeal Level IV – Uniform Complaint Board Policy 1312.3

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

1.1.       REPORT OF CLOSED SESSION – March 8, 2005.

            Topics               ·Negotiations

·Expulsions

                                    ·Existing Litigation

·Anticipated Litigation

                                    ·Real Estate

                                    ·Public Employee Discipline/Dismissal/Release/Complaint

2.                     PUBLIC HEARING

Public Hearing   2.1        Public Hearing on Budget Reductions

& Action                  The Board of Education approved $8 million in budget reductions for the 2003-04 school year.  Using the updated multi-year projection, with decreased ADA included, we will need to reduce expenses by at least $3.1 million.

                        Recommendation

                        1.  Recommend approval of the following items: 87

                        2.  Add items to list.

3.         CONSENT AGENDA

            Items listed under Consent Agenda are considered routine and will be approved/adopted by a single motion.  There will be no separate discussion of these items; however, any item may be removed from the consent agenda upon the request of any member of the Board and acted upon separately.

            3.1        Minutes of the meeting of February 15, 2005.

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

                        3.3.2 Creation of One (1) Part-time Assistant to the Hearing Impaired Position

Special Education requests the creation of one (1) 30 hour/week, school day only, Assistant to the Hearing Impaired position at Concord High School.  There is no cost to the General Fund.  The cost for the remainder of 2004-05 fiscal year will be $11,545 and a full year $31,876.  Funding Source:  Pittsburg Unified School District.

                        3.3.3 Increase in Hours for a Part-time Instructional Assistant-Computer Position

Holbrook Elementary School requests an increase in hours for an existing Instructional Assistant-Computer position from 19 hour/week to 19.75 hour/week.  There is no impact to the General Fund.  The difference in cost for the remainder of fiscal year 2004-05 is $249 and a full year is $561.  Funding Source:  School Improvement funds

3.3.4 Increase in Hours for Four (4) Part-time Instructional Assistant Positions

Valle Verde Elementary School requests that three (3) existing 12.5 and one (1) existing 12 hour/week, school day only, Instructional Assistant positions be increased to 15 hour/week, school day only positions.  There is no impact to the General Fund.  The increase in cost for the remainder of 2004-05 fiscal year will be $2,592 and a full year $7,036.  Funding Source:  School Improvement funds.

            3.4        Grant Application Requests

3.4.1 Walter S. Johnson Foundation Grant

Request permission to submit a grant application to the Walter S. Johnson Foundation in the amount of $30,000 to acquire a Barton Reading System and provide professional development for staff.  There is no impact to the General Fund.

3.4.2 School Community Policing Partnership Grant

Request permission to submit a grant application to the Community Policing Partnership program in the amount of $316,460 in grant funding over three years.  There is no impact to the General Fund.  Funding Source:  State of California through the Attorney General’s Office

3.5        Award of Contracts

3.5.1 Award of Contract to Diablo Boiler in the amount not to exceed $26,491.25 to provide removal of existing boiler and installation of a new boiler at Loma Vista Adult Center.  Funding Source:  Deferred Maintenance

            3.5.2 Award of Contract to Pacific Door and Hardware in the amount not to exceed $76,429.19 for removal and disposal of existing doors as well as the installation of new exterior doors at Clayton Valley and Mt. Diablo high schools.  Funding Source:  Measure A Operating Fund

            3.5.3 Award of Contract to Consolidated Engineering Laboratories in the amount not to exceed $211,820.92 for professional testing and inspection services for Measure C Program, Group III schools.  Funding Source:  Measure C

3.6        Final Change Order – Contract C-765, Bid #1313

            Final change order in the amount of $69,771.05 to Taber Construction for modernization and new classrooms at Clayton Valley and Northgate high schools.  Funding Source:  Measure C

3.7        Notices of Completion

            3.7.1 Contract C-764, Bid 1307 to NBC General Contractor Corporation in the amount of $2,748,570 for modernization, phase I at Mt. Diablo High School.  Funding Source:  Measure C

3.7.2 Contract C-765, Bid 1313 to Taber Construction in the amount of $7,754,772.96 for modernization and new classrooms at Clayton Valley and Northgate high schools.  Funding Source:  Measure C

4.         RECOGNITIONS

5.         PUBLIC COMMENT

            The public may address the Board regarding any item within the jurisdiction of the Board of Education of the Mt. Diablo Unified School District that is not on this agenda.  These presentations are limited to three minutes each, or a total of thirty minutes for all speakers.  If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting.

6.         COMMUNICATIONS

6.1        Organizations

                        At regular board meetings, a single spokesperson of each recognized organization may make a brief presentation following the Consent Agenda.  Items are limited to those which are informational.

7.         REPORTS/INFORMATION – None

8.         SUPERINTENDENT'S REPORT

9.         BUSINESS

Action   9.1        Appointment of General Counsel

Interviews have been conducted and a candidate selected to fill the position of General Counsel.

Recommendation

Approve appointment as recommended.

Action   9.2        2004-05 Second Interim Report

The purpose of an interim report is to make revenue and expenditure projections to the end of the fiscal year and to compare these projections to the budget.

Recommendation

Approve 2004-05 Second Interim Report as presented.

Action   9.3        Resolution #04/05-38 Week of the School Administrator

Mt. Diablo Unified School District has designated the week of March 7 through March 11, 2005 as the Week of the School Administrator.

                        Recommendation

                        Adopt resolution as presented.

Action   9.4        Resolution 04/05-37 to Decrease the Number of Certificated Employees Due to Reduction   in Particular Kinds of Services and Request for Approval of the Certificated Seniority Lists

As part of the certificated layoff process, Education Codes section 44955 permits the Governing Board, through a resolution, to reduce or discontinue particular kinds of services for the next school year.

                        Recommendation

                        Adopt resolution as presented.

Action   9.5        Award of Bid No. 1364

Award of bid no. 1364 to Arntz Builders in the amount of $12,604,404 to provide modernization and new classrooms at Holbrook Elementary; and El Dorado and Foothill middle schools.  Funding Source:  Measure C

Recommendation

Approve as presented.

Action   9.6        Award of Bid No. 1365

Award of bid no. 1365 to Taber Construction in the amount of $13,065,900 to provide modernization and new classrooms at Hidden Valley Elementary; and Sequoia and Valley View middle schools. Funding Source:  Measure C

                        Recommendation

                        Approve as presented.

Action   9.7        Final Determination of Bid Protest by Sierra Bay Contractors, Inc., on Bid #1363;    Modernization and New Classrooms at Highlands and Mt. Diablo Elementary Schools and             Pine Hollow Middle School

On February 22, 2005, the Board received a protest from Sierra Bay Contractors, Inc. be deemed non-responsive.  There is no impact to the General Fund.  Funding Source:  Measure C

                        Recommendation

                        Reject protest and ratify the award and notice of intent to award to Sausal Corporation.

Information    9.8            Renewal of Charter for Eagle Peak Montessori School

Eagle Peak Montessori School was granted a charter in March of 2000.  California Educational Code requires that charters be granted for five-year periods.  Eagle Peak Montessori School has requested that their charter be renewed for the next five year period.

Fiscal Impact:  Eagle Peak will pay the district indirect cost rate and utilities.

Recommendation

This is being presented as information only and will be returned for action.

Information    9.9            Job Description for Senior Instructional Assistant, Physical Education

The job description has been developed to accurately reflect the current duties and responsibilities of the position.  This position will be at range 388 of the CSEA salary schedule.  The leadership of CSEA has been advised and supports this recommendation.

                        Recommendation

                        This is being presented as information only.  It will be returned for action.

Action   9.10      Recommendation to Install a Synthetic Track and All Weather Turf at Ygnacio Valley High               School

On April 6 and 20, 2004, the Board of Education approved an initial expenditure plan for anticipated Proposition 55 funds.  On November 23, 2004 the Board allocated an additional $500,000 in Proposition 55 funds for each high school, including Ygnacio Valley High, to support facility, grounds improvement projects or play areas for curriculum or co-curricular programs.  Fiscal Impact:  $1,596,100  Funding Source:  Proposition 55 funds

                        Recommended

                        Approve additional allocation of Proposition 55 funds as presented.

10.        DISCUSSION OF REPORTS

            10.1      Committee Minutes

            10.2      Board of Education

11.        ADJOURNMENT

12.        CLOSED SESSION - Items not completed during the first closed session will be carried over to this closed session.


MARCH 2005

Parent Advisory Committee                                                          March   2         7:00 p.m.

Measure C Oversight Committee                                                 March   3         7:00 p.m.

Community Advisory Committee                                                  March   7         7:00 p.m.

Regular Board Meeting                                                                 March   8         7:30 p.m.

Safe and Drug Free Schools Task Force                                    March 17         3:30 p.m.

Regular Board Meeting                                                                 March 22         7:30 p.m.

 

APRIL 2005

Community Advisory Committee                                                    April   4            7:00 p.m.

Parent Advisory Committee                                                            April   6            7:00 p.m.

Regular Board Meeting                                                                   April  12           7:30 p.m.

Safe and Drug Free Schools Task Force                                      April  21           3:30 p.m.

Regular Board Meeting                                                                   April  26           7:30 p.m.

 

MAY 2005

Community Advisory Committee                                                      May    2         7:00 p.m.

Parent Advisory Committee                                                              May    4         7:00 p.m.

Regular Board Meeting                                                                     May  10         7:30 p.m.

Safe and Drug Free Schools Task Force                                        May  19         3:30 p.m.

Regular Board Meeting                                                                     May  24         7:30 p.m.

 

Note:  This is being provided for information only.

Please call 682-8000 ext. 4000 to confirm meeting dates, times and locations.