MT. DIABLO UNIFIED SCHOOL DISTRICT James W. Dent Education Center 1936 Carlotta Drive Concord, CA 94519-1397 BOARD OF EDUCATION AGENDA Tuesday, April 11, 2006 Closed Session 6:00 p.m. Regular Session 7:30 p.m.

BOARD OF EDUCATION Linda K. Mayo, President Gary L. Eberhart, Vice President April P. Treece Richard W. Allen Paul P. Strange SUPERINTENDENT Gary McHenry ASSOCIATE SUPERINTENDENT Alan Young, Ed.D., Educational Services ASSISTANT SUPERINTENDENTS Mildred Browne, Ed.D., Special Education Roger Bylund, Elementary Education Gloria Gamblin, Chief Financial Officer Richard C. Nicoll, Ph.D., Administrative Services Gail Isserman, Personnel Services Gregory J. Rolen, Esq., General Counsel

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 25, 2006 7:30 p.m. Regular Board Meeting

May 9, 2006 7:30 p.m. Regular Board Meeting

May 23, 2006 7:30 p.m. Regular Board Meeting

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

CALL TO ORDER – 6:00 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 and Julie Braun-Martin.

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

2. Expulsions - Review Administrative Hearing Panel recommendations regarding student expulsions.

· 7 expulsions

· Consider request for extension of timeline

3. Existing Litigation

N.V. Heathorn v. Mt. Diablo Unified School District

4. Anticipated Litigation

Two potential cases.

5. Conference with Real Property Negotiator

Alves Ranch

6. Public Employee Discipline/Dismissal/Release/Complaint

7. Superintendent’s Evaluation

RECONVENE OPEN SESSION – 7:30 p.m.

1. PRELIMINARY BUSINESS

·Pledge of Allegiance

·Roll Call

2. REPORT OF CLOSED SESSION – April 11, 2006

Topics ·Negotiations

·Expulsions

·Existing Litigation

·Anticipated Litigation

·Real Estate

·Public Employee Discipline/Dismissal/Release/Complaint

·Superintendent’s Evaluation

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 meetings of March 18 and 21, 2006.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2 Assembly Bill 948 – STRS Post-Retirement Earnings Limitation Exemption

Legislation was enacted which authorizes STRS to grant an exemption from the post-retirement earnings limitation of up to two years for members retired from service who are appointed as a trustee, administrator, or fiscal advisor. There is no impact to the General Fund.

3.2.3 Post-Retirement Contracts for 2006-07

The post-retirement committee met on Wednesday, March 22, 2006 to review the proposals submitted. Four proposals were approved for a total of $21,500. Fiscal Impact: A cost of $21,500 to the General Fund, which has been included in the budget.

3.3 Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

3.4 Work Study Agreement with Heald College

Request approval of Work Study Agreement with Heald College. There is no impact to the General Fund.

3.5 Amendment to Contract with Smith, Fause and McDonald, Inc.

Amendment to contract with Smith, Fause and McDonald, Inc. in the amount of $71,935 for professional services for the Measure C facility improvement program. Funding Source: Measure C

3.6 Amendment to Contract with Beals Sport

Amendment to contract with Beals Sport in the amount of $26,500 for design services for the high priority athletic facility improvement projects at College Park, Concord, Mt. Diablo, and Ygnacio Valley high schools; and Riverview Middle School. Funding Source: Proposition 55 funds.

3.7 Amendment to Contract with Corlett, Skaar and DeVoto Architects, Inc.

Amendment to contract with Corlett, Skaar and Devoto Architects, Inc. in the amount of $7,300 for architectural/engineering services for the Measure C facilities improvement program. Funding Source: Measure C

3.8 Award of Bid No. 1411

Award of bid no. 1411 to Bell Products, Inc. in the amount of $299,894 to provide the HVAC improvements in Wing 300 at Ygnacio Valley High School. Funding Source: Deferred Maintenance

3.9 Caller Identification (ID) for Secondary Schools

To improve school safety, we would like to add caller ID to the outside lines at all district secondary schools. The total number of measured business lines for secondary schools is 120. Fiscal Impact: $684 onetime; $10,252.80 ongoing. Funding Source: General Fund

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

7.1 Update on District’s Custodial Study

8. SUPERINTENDENT'S REPORT

9. BUSINESS

Action 9.1 Resolution 05/06-63 Support of Senate Bill No. 1193 – Student Poll Workers

The Mt. Diablo Unified School District supports Senate Bill No. 1198, an act to amend Section 48205 of, to add Section 46300.8 to the Education Code relating to pupils being excused from school to volunteer as poll workers in elections.

Recommendation

Adopt resolution as presented.

Public Hearing 9.2 Public Hearing on Energy Conservation/Services Agreement

As required by Government Code 4217.12, the Board of Education will conduct a public hearing on the proposed energy services contract.

Recommendation

Hold public hearing.

Action 9.3 Resolution 05/06-64 Approval of Energy Conservation/Services Agreement

Recommend approval of energy conservation/services agreement to Cal Air to replace the heating and ventilation system at Northgate High School, make lighting improvements at 30 district sites, add energy conservation controllers on vending machines at 14 sites, retrofit domestic water heaters at six high schools, and install trash compactors at five schools.

Fiscal Impact: The value of the contract is $6,418,293. There is no new cost. The lease purchase agreement will be paid for by reductions in energy costs, previously planned deferred maintenance expenditures, rebates from PG&E and matching state funds.

Recommendation

Adopt resolution as presented.

Action 9.4 Resolution 05/06-67 Authorizing the Issuance of General Obligation Bonds, Measure C Bond Election 2002, Series 2006

The Board has determined that it is necessary and desirable to request the issuance of the third and final portion of bond sales (Election 2002, Series 2006) in a principal amount not to exceed $59,600,000 in order to finance the continuation of the various construction projects and improvements to school facilities. Funding Source: Measure C Bond Sales

Recommendation

Adopt resolution as presented.

Public Hearing 9.5 Resolution 05/06-66 Dedication of Temporary Construction Easement at Rio Vista & Action Elementary School

Contra Costa County has requested a temporary construction easement for the purpose of constructing a new sidewalk, curb ramps, and driveway conforms on the north side of district property adjacent to Pacifica Avenue, between Wharf Drive and Mariners Cove.

Recommendation

Hold public hearing and adopt resolution as presented.

Action 9.6 Consider Allocation of Additional Resources to Underperforming Schools

Consider allocation of additional resources to schools that meet one or more of the following criteria: Underperforming, Title I/High Priority, Immediate Intervention Underperforming Schools Program, High Priority Grant Program, Program Improvement or School Assistance and Intervention Team. Fiscal Impact: High School $200,000; Middle School $240,000; Elementary $220,000; Class Size Reduction $516,014; Total $1,176,014

Funding Source: General Fund $660,000; Elementary Class Size Reduction $267,225; Title I Economic Impact Aid $248,789

Recommendation

Approve allocation of additional resources to underperforming schools.

Action 9.7 Resolution 05/06-65 Relative to Elimination of Classified Positions

Program modifications and budgetary limitations make it necessary to eliminate or reduce hours of certain classified positions. The leadership of CSEA and Local One CST has been advised regarding this matter.

Recommendation

Adopt resolution as presented.

Information 9.8 Job Description for Lead Buyer

This job description is being recommended by the Director of Personnel to fill a critical need in the purchasing department.

Recommendation

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

Action 9.9 Review and Discussion of Possible Additions to the Budget

During the 2004-2005 school year many positions, programs, or services were reduced or eliminated. There have been individual requests to restore certain positions, programs, or services. Before we make further decisions about additions to the budget, we must review and prioritize by looking at the entire list of items that were reduced during the 2003-2004 and 2004-2005 budget reduction process.

Recommendation

Review and discuss list and establish a prioritization for additions to the budget

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.

APRIL 2006

Community Advisory Committee April 3 7:00 p.m.

Parent Advisory Council April 5 7:00 p.m.

Regular Board Meeting April 11 7:30 p.m.

Regular Board Meeting April 25 7:30 p.m.

MAY 2006

Community Advisory Committee May 1 7:00 p.m.

Parent Advisory Council May 3 7:00 p.m.

Regular Board Meeting May 9 7:30 p.m.

Regular Board Meeting Mary 23 7:30 p.m.

Safe and Drug Free Schools Task Force May 25 3:30 p.m.

JUNE 2006

Measure C Advisory Committee June 1 7:00 p.m.

Community Advisory Committee June 5 7:00 p.m.

Parent Advisory Council June 7 7:00 p.m.

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

Regular Board Meeting June 20 7:30 p.m.

Safe and Drug Free Schools Task Force June 22 1:00 p.m.

Note: This is being provided for information only.

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