MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

BOARD OF EDUCATION

AGENDA

Tuesday, March 22, 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):

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

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

May 10, 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(9) - Review Administrative Hearing Panel recommendations regarding student expulsions.

3.         Existing Litigation

4.         Anticipated Litigation

            Two potential cases.

            5.         Conference with Real Property Negotiator

6.         Public Employee Discipline/Dismissal/Release/Complaint

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

2.         REPORT OF CLOSED SESSION – March 8, 2005 

            Topics               ·Negotiations

·Expulsions

                                    ·Existing Litigation

·Anticipated Litigation

                                    ·Real Estate

                                    ·Public Employee Discipline/Dismissal/Release/Complaint

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 22 and March 8, 2005.

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

                        3.2.2 Resolution #04/05-39 Education Code 44258.2 Board Authorization

Under Ed. Code 44258.2, holders of single subject or secondary credentials who have 12 lower division units or 5 upper division units in a subject can be authorized, by Board authorization, to teach that subject(s) in a middle school for the current school year.

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

                        3.3.2 Elimination of One (1) Vacant Intermediate Typist Clerk Position at Bel Air                                         Elementary School

Bel Air Elementary School has requested the elimination of one 17.5 hour week/10 month Intermediate Typist Clerk position.  This position is currently vacant, therefore, does not involve the displacement/layoff of existing personnel.  Fiscal Impact:  There will be a total savings of $9,249.  $4,624.50 – School Improvement Funds, $4,624.50 – Title I Funds

3.3.3 Elimination of One (1) Vacant Instructional Assistant – Computer Position at Cambridge Elementary School

Cambridge Elementary School has requested the elimination of one 17.5 hour week, school day only, Instructional Assistant-Computer position.  This position is currently vacant, therefore, does not involve the displacement/layoff of existing personnel.  Fiscal Impact:  Savings of $10,732 to Title I funds.

3.3.4 Full-time Equivalent Change in Budget for School Bus Drivers

Due to the implementation of IFAS, the District has a need to change the FTE for School Bus Drivers from 1.0 to .625 per driver.  This changes the total FTE in the budget from 77.75 to 48.75.  There is no fiscal impact on the budget because the School Bus Drivers are paid on an hourly basis.

3.3.5 Transfer of Employees to Classification of Instructional Assistant, Visually Impaired

On May 27, 2003, the Board approved a job description for Instructional Assistant, Visually Impaired.  It is requested that the employees under the classification of Special Education Assistant, which does not accurately reflect their current duties and responsibilities, be approved for the position of Instructional Assistant, Visually Impaired.  There is no impact to the General Fund.

            3.4        Fiscal Transactions for the Period of 2/1/05 through 2/28/05

            3.5        Donations Received in February 2005

            3.6        Budget Revisions for March 2005

            3.7        Recertification of After School Program as a Supplemental Services Provider

Request renewal of certification by the State Board of Education in order to provide Supplemental Educational Services.  There is no impact to the General Fund.  The after school programs are funded by federal and state grants.

3.8        Contract with Ambrose Recreation and Park District for Recreation Services in the After School Programs

Request approval of a contract for recreation and enrichment services in the amount of $205,000 for the expansion of the four Bay Point After School Programs at Bel Air, Rio Vista, and Shore Acres elementary schools; and Riverview Middle School, currently funded by the California After School Education and Safety Program grant and the 21st Century Community Learning Center grant.  Fiscal Impact:  $205,000  Funding Source:  California After School Education and Safety Program, and the 21st Century Community Learning Centers grants.  There is no cost to the General Fund.

            3.9        After School Education and Safe (ASES) Program Grant

Request permission to submit a grant application to the After School Education and Safe Program in the amount of $1,363,000 to extend funding for up to three additional years.  Grant funds are used to provide after school programs at Bel Air, Cambridge, Fair Oaks, Holbrook, Meadow Homes, Rio Vista, Shore Acres, Sun Terrace, Wren Avenue, and Ygnacio Valley elementary schools; and El Dorado, Oak Grove and Riverview middle schools.  There is no impact to the General Fund.

            3.10      Enhancing Education through Technology (EETT) Grant

Request permission to submit a grant application to the California Department of Education (CDE) for Glenbrook, Oak Grove, Riverview, and Sequoia.  There is no cost to the General Fund.  If successful, the district could receive up to $1,011,600 in grant funding.  Funding Source:  No Child Left Behind funding allocated through the California Department of Education.

            3.11.     Workforce Investment Act, Title II, Adult Education and Family Literacy Act, Section 231                             Supplemental Funding

Mt. Diablo Adult Education requests permission to apply for continuation of its ongoing grant under Section 231 Supplemental Funding.  There is no impact to the General Fund.  This grant would bring approximately $450,000 in revenue to Mt. Diablo Adult Education’s ESL, Adult Basic Education, High School Diploma/GED and Adults with Disabilities program to carry out grant activities.

            3.12      Deductive Change Order to Contract C-790, Bid 1346 NBC Contractors

Deductive change order in the amount of $12,281.46 to NBC Contractors who provided the fire alarm/intercom improvements at Pine Hollow Middle School.  Funding Source:  Deferred Maintenance

3.13      Final Change Order to Contract C-728, Bid 1276 Arntz Builders, Inc.

            Final change order in the amount of $119,500.78 to Arntz Builders, Inc. for modernization and new classrooms at Oak Grove and Riverview middle schools.  Funding Source:  Measure C

3.14      Notice of Completion

Contract C-728, bid 1276 to Arntz Builders, in the amount of $6,313,102.19 for modernization and new prototypical classrooms at Oak Grove and Riverview middle schools.  Funding Source:  Measure C

3.15      Award of Design Services Contracts

            3.15.1 Award of Contract to Florin Vlasache and Associates in the amount of $32,500 plus $5,000 reimbursable expenses for the design of the intercom system at Sequoia Middle School.  Funding Source:  Deferred Maintenance

            3.15.2 Award of Contract to PHD Architects in the amount of $20,000 plus $5,000 reimbursable expenses for the replacement of windows for Rooms 16 – 24 at Olympic High School.  Funding Source:  Deferred Maintenance

3.15.3 Award of Contract to Bendrew Jong Architecture in the amount of $40,000 plus $10,000 reimbursable expenses for the improvements to Romaine Hall at Mt. Diablo High School.  Funding Source:  Proposition 55 funds.

            3.16      Independent Audit Contract

Recommend contract with Perry-Smith LLP for the year ending June 30, 2005.  Fiscal Impact:  Not to exceed $60,000  Funding Source:  General Fund

            3.17      2005-2006 School Calendar

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        Student Representatives

6.2        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 Director, Adult, Continuing, Career Education

With the retirement of the Director, Adult, Continuing, Career Education, an internal candidate is being recommended to fill the position.

                                    Recommendation

                                    Approve appointment as recommended.

Public Hearing   9.2        Resolution #04/05-40 to Adopt a School Facilities Needs Analysis (SFNA) and Level 2

& Action                        School Facility Fees

Consideration of adopting a school facilities needs analysis and level 2 school facility fees in the amount of $3.92 per square foot for residential construction pursuant to Government Code Sections 659955 and 65995.6 has been provided to the public for review.  Fiscal Impact:  Increase in revenue from developer fees.  Funding Source:  Developer Fees

                        Recommendation

                        Hold public hearing and adopt resolution.

Action   9.3        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 was presented as information at the March 8 meeting.  It is now being returned for action.

Action   9.4        Parent-Sponsored Fundraising Campaign

A group of parents requests authorization to conduct a fundraising campaign on behalf of the District in accordance with the proposed Memorandum of Agreement.  There is no impact to the General Fund.  The District would receive funds raised by the campaign to be used to restore cuts made to specific programs identified in the Memorandum of Agreement for the 2005-06 school year.

                        Recommendation

                        Approve as presented.

Action   9.5        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.

Report   9.6        Continuation of Budget Reduction and Revenue Enhancement Strategies

On March 8, the Board approved the Second Interim Report which shows a total budget of $249,480,774. The Board also completed another budget reduction process reducing the District’s expenditures by over $4 million for the 2005 school year.  This brings the total budget reduction over the last 3 years to $14 million.  We need to continue discussion of budget reduction and/or revenue enhancement.  A report will be provided to the Board on various funding initiatives/strategies that may impact the budget next year.

                        Recommendation

                                    Hold discussion.

Information    9.7            Renaming of Gymnasium at Pine Hollow Middle School – Shirley J. Hanson           Gymnasium

Pine Hollow Principal Marcie Brown and members of the Pine Hollow Middle School community is requesting to name the gymnasium at Pine Hollow “the Shirley J. Hanson Gymnasium”.

                        Recommendation

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

Action   9.8        Resolution #04/05-41 Authorizing a Reduction of Retention Amount on the Delta View         School Project to 5%, as Needed

As required by the original contract, the District has maintained a retention fund which was created by withholding 10% of every progress payment on the project.  Staff seeks authority to release up to one half of the retention to pay off claims by N.V. Heathorn which are legally appropriate.  There is no impact to the General Fund.  Funding Source:  Measure C

Recommendation

Adopt resolution as recommended.

Information    9.9            Job Description for Roving Custodial Leadworker II

On January 11, 2005 the Board approved a custodial roving crew comprised of one (1) Leadworker II and two (2) custodians.  This job description is being presented to implement the creation of the roving crew effective July 1, 2005.  The leadership of M & O has been advised and supports this recommendation.  There is no impact to the General Fund.

Recommendation

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

Action   9.10      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 was presented as information at the March 8 meeting.  It is now being returned for action.

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.