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MT. DIABLO UNIFIED SCHOOL DISTRICT James W. Dent Education Center 1936 Carlotta Drive Concord, CA 94519-1397 BOARD OF EDUCATION AGENDA Tuesday, August 9, 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 Gregory J. Rolen, Esq., General Counsel |
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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):
August 23, 2005 7:30 p.m. Regular Board Meeting
September 13, 2005 7:30 p.m. Regular Board Meeting
September 27, 2005 7:30 p.m. Regular Board Meeting
**Note: Calendar of Future Board and Committee Meetings Attached**
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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(3)/Readmissions(38) - Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.
3. Existing Litigation
Spieler v. Mt. Diablo Unified School District
Williams 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
RECONVENE OPEN SESSION – 7:30 p.m.
1. PRELIMINARY BUSINESS
·Pledge of Allegiance
·Roll Call
2. REPORT OF CLOSED SESSION – August 9, 2005
Topics ·Negotiations
·Expulsions/Readmissions
·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 meetings of June 21, June 28, and July 11, 2005.
3.2 Certificated Personnel
3.2.1 Leaves of Absence, Resignations, Retirements, Employment
3.2.2 Addition of Full-time Equivalent Position (FTE) for the 2005-06 School Year
Request .40 FTE be added to Categorical Programs. This action will result in an increase in the expenditure budget of Title I funds in the amount of $29,034. Funding Source: Title I
3.2.3 Agreement for Furnishing Clinical Experience and the Use of Clinical Facilities with California State University, Sacramento for the Term of June 30, 2005 to June 31, 2010
Cooperating speech pathologists who have a student teacher receive a stipend for providing clinical speech pathology experience. In order for colleges or universities to pay this stipend, there must be a signed contract on file with each institution. There is no impact to the General Fund.
3.2.4 Student Teacher Placement Agreement with Patten University for the Term of August 1, 2005 to July 31, 2007
Cooperating teachers who have a student teacher receive a stipend for their services. In order for colleges or universities to pay this stipend, there must be a signed contract on file with each institution. There is no impact to the General Fund.
3.3 Classified Personnel
3.3.1 Leaves of Absence, Resignations, Retirements, Employment
3.4 Grant Application Requests
3.4.1 Y & H Soda Foundation
Request permission to submit a grant application to Y & H Soda Foundation in the amount of $65,000 for funding to pay for standards based academic after school curriculum, training and technical assistance for the After School 4 All Collaborative. There is no impact to the General Fund.
3.4.2 Frank H. and Eva B. Buck Foundation
Request permission to submit a grant application to the Frank H. and Eva B. Buck Foundation in the amount of $67,000 over two years for funding to pay for coordination, training, technical assistance, and fund development for the After School 4 All Collaborative. There is no impact to the General Fund
3.5 English Language Acquisition Program Application
The District must re-apply for funding to continue the English Language Acquisition Program for the 2005-06 school year. Fiscal Impact: The apportionment for the District for 2004-05 was $203,000. A similar amount can be expected for 2005-06. Funding Source: California Department of Education
3.6 CIF/North Coast Representatives for Mt. Diablo Unified School District High Schools for 2005-06
Ratify position of principal, vice principal, and athletic director from Concord, Clayton Valley, College Park, Mt. Diablo, Northgate, and Ygnacio Valley high schools to serve as 12 representatives to California Interscholastic Federation North Coast Section for the 2005-06 school year.
3.7 Intermediate Change Orders
3.7.1 Contract C-805, Bid 1368 – Lighthouse Painting Company
On June 7, 2005 the Board approved contract C-805, bid 1368 to Lighthouse Painting Company in the amount of $92,000 for the interior painting of the multi-use room at Bel Air, El Monte, Pleasant Hill, Rio Vista, Shore Acres, Sun Terrace, and Ygnacio Valley elementary schools; and Foothill Middle School. It is recommended that a change order in the amount of $45,000 be issued to include the interior painting of Holbrook and Wren Avenue elementary schools; El Dorado Middle School and Mt. Diablo High School. Fiscal Impact: $45,000 Funding Source: Deferred Maintenance
3.7.2 Contract C-808, Bid 1375 – Pacific Power and Systems, Inc.
On June 7, 2005, the Board approved contract C-808, bid 1375 to Pacific Power and Systems, Inc. in the amount of $258,400 for electrical upgrades at Hidden Valley Elementary School; and Sequoia and Valley View middle schools. It is recommended that a change order in the amount of $38,810.70 be issued to support electrical distribution at each site. Fiscal Impact: $38,810.70 Funding Source: Measure C
3.8 Final Change Order C-810, Bid 1373
On June 21, 2005, the Board approved Bid 1373 in the amount of $51,851 to Reinhardt Roofing, Inc. for roofing replacement/repairs at Bel Air and Mountain View elementary schools. As a result of a need to replace a large section of roof decking damaged by dry rot, a change order in the amount of $6,428 is necessary. Funding Source: Deferred Maintenance
3.9 Notices of Completion
3.9.1 Contract C-760, Bid 1305 to Sierra Bay Contractors, Inc., who provided the new classrooms and modernization at College Park High School. The final contract value will be determined pending resolution of disputed issues. Fiscal Impact: Release project retention of $337,500 that is already budgeted. Funding Source: Measure C
3.9.2 Contract C-767, Bid 1315 to Sierra Bay Contractors, Inc., who provided all site development for the Eagle Peak Charter School. The final contract value will be determined pending resolution of disputed issues. Fiscal Impact: Release project retention of $128,925 that is already budgeted. Funding Source: Measure C
3.9.3 Contract C-810, Bid 1373 in the amount of $58,279 to Reinhardt Roofing, Inc. who provided the roofing improvements at Bel Air and Mt. View elementary schools. Funding Source: Measure C - $11,142.00; Deferred Maintenance - $47,137.00
3.10 Contract Amendment for Western Construction Services/California (WCS/Ca) for Approved Proposition 55 Projects
On November 12, 2003 the Board awarded a contract to Western Construction Services/California (WCS/Ca) in the amount not to exceed $484,117 to provide comprehensive Labor Compliance Program administration for all Group I and II Measure C projects. On February 8, 2005 the Board approved an amendment to this contract in the amount of $638,158 for the provision of a comprehensive labor compliance program for all construction projects identified in Project Groups III through V. Based on the verified performance of WCS/Ca in administering our Labor Compliance Program to date, staff is now recommending a contract amendment in the amount of $104,380 for Labor Compliance administration required for all approved Proposition 55 projects. Fiscal Impact: $104,380 Funding Source: Proposition 55 Funds.
3.11 Award of Inspector of Record (Project Inspector) Contract
Award of Inspector of Record to Paul Lucido in the total amount not to exceed $67,080 ($65 hour) to support DSA approved roof and structural improvement project at Willow Creek Center. Funding Source: Measure C
3.12 Department of Justice – Open Purchase Order
In order to efficiently process fingerprinting costs for all new employees and volunteers, the Personnel Services office, is requesting an Open Purchase Order in the amount of $73,000 to facilitate payment of the billings from the Department of Justice. Fiscal Impact: A General Fund expenditure of $73,000. This open purchase order is the same amount as was approved for 2004-05 and has already been included in the 2005-06 budget. Funding Source: General Fund and new employee reimbursement.
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 High School Vice Principal
Interviews have been conducted and a candidate selected to fill the position of High School Vice Principal.
Recommendation
Approve appointments as recommended.
Action 9.2 Appointment of Middle School Vice Principal
In an effort to staff schools in a timely manner, a candidate has been selected to fill the position of Middle School Vice Principal.
Recommendation
Approve appointment as recommended.
Action 9.3 Appointment of Accounting Supervisor
Interviews have been conducted and a candidate selected to fill the position of Accounting Supervisor.
Recommendation
Approve appointment as recommended.
Action 9.4 Appointment of Program Specialist/Special Education
Interviews have been conducted and a candidate selected to fill the position of Program Specialist/Special Education.
Recommendation
Approve appointment as recommended.
Action 9.5 Appointment of Program Specialist – Categorical Programs
Interviews have been conducted and a candidate selected to fill the position of Program Specialist. This position is budgeted and funded with the Categorical Program budget – Economic Impact Aid – Limited English Proficient (EIA-LEP).
Recommendation
Approve appointment as recommended.
Action 9.6 Appointment of Social Work Specialist
Interviews have been conducted and a candidate selected to fill the position of Social Work Specialist. This position is budgeted and funded within the Categorical Program budget – Medi-Cal - Healthy Start. Benefits Coordinator $ 5,100 annually
Fiscal Analyst $10,116 annually
Director Technology Support $14,887 annually
Admin. Asst. Confidential (1) $ 7,392 annually
Admin. Asst. Confidential (2) $ 5,052 annually
Admin. Asst. Confidential (3) $ 2,460 annually
Facilities Manager $11,556 annually
Total $56,563
Funding Source: General Fund
Recommendation
Approve appointment as recommended.
Action 9.7 Consider Approval of Reclassification Requests and Position Upgrades
Several employees submitted reclassification requests consistent with their collective bargaining agreement and/or memorandum of understanding. Several of these requests go back to the 2002-2003 school year. Since the District’s budget has been approved, it is now time to consider these reclassification requests.
In addition, the District acquired two senior level positions that require clerical support at a much higher level. We are submitting those request as well. Fiscal Impact: General Fund - $50563; Measure C $6,000
Recommendation
Approve as presented.
Action 9.8 Establish Criteria for Additions to the Budget
Principals and department heads are requesting additional resources for the 2005-06 school year.
Criteria:
§ Meet legal and programmatic mandates
§ Meet contractual requirements
§ Recommendation from oversight agencies (County Office of Education, State Department of Education, Fiscal Crisis Management Assistance Team FCMAT)
Recommendation
Approve criteria for additions to the budget.
Action 9.9 Declaration of Need for Fully Qualified Educators
Regulations from the Commission on Teacher Credentialing require the district to submit an annual Declaration of Need form indicating the number of teachers we anticipate hiring under emergency permits for the 2005-06 school year. Fiscal Impact: There is no impact to the General Fund. All positions which would be filled by individuals holding an emergency permit are within position control and the budget.
Recommendation
Approve the declaration of need as presented.
Action 9.10 Resolution #05/06-02 Community Facilities District #1 (Measure A)
Resolution #05/06-02 is necessary to approve the annual Community Facilities District #1 tax report and to levy and apportion the special (Measure A) tax for fiscal year 2005-06. Fiscal Impact: The tax levy generates revenue for Measure A projects.
Recommendation
Adopt resolution as presented.
Action 9.11 Concord High School Field Lighting Project
On November 23, 2004 the Board of Education authorized $500,000 for each district comprehensive high school for facility improvements and established criteria for selecting projects. The Concord High School principal has requested that the funds be used to install lighting at the football field. This project meets criterion #4: “New Projects Recommended by Principals with at Community Input Process”. Fiscal Impact: $406,100 Funding Source: Previously allocated Proposition 55 funds.
Recommendation
Approve designation of Proposition 55 funds for field lighting at Concord High School.
Action 9.12 Ratification of Award of Bids
At the Board meeting of July 21, 2005, the Board authorized resolution no. 04/05-56 for the timely award of the following contracts:
Bid 1371 to Western Roofing Services, Inc. in the amount of $1,268,000 for the roofing replacement at Willow Creek Center. Funding Source: Measure C
Bid 1381 to Robert A. Bothman, Inc. in the amount of $321,465 for the athletic facility improvements, package A; landscaping and irrigation at Concord and Mt. Diablo high schools. Funding Source: Proposition 55
Bid 1382 to Golden Bay Fence Plus Iron Works, Inc. in the amount of $186,643 for the athletic facility improvements package B, perimeter fencing at Riverview Middle School; and Concord and Ygnacio Valley high schools. Funding Source: Proposition 55
Bid 1383 to Robert A. Bothman, Inc. in the amount of $3,184,300 for the athletic facility improvements, package C: site work at Riverview Middle School and Ygnacio Valley High School. Funding Source: Proposition 55.
Bid 1386 to Biland Construction Company in the amount of $123,600 for the electrical improvements at Clayton Valley High School. Funding Source: Measure C
P.O. 32694 to Pacific Coast Reconstruction and Building, Inc. in the amount of $53,944 for the demolition and new door installation work at Riverview Middle School. Funding Source: Measure C
P.O. 32711 to Kel-Tec Builders, Inc. in the amount of $45,228 To Kel-Tec Builders to furnish and install individual locksets for electrical panels at various sites in the district. Funding Source: Measure C
Recommendation
Approve ratification of award of bids as presented.
Action 9.13 Memorandum of Understanding with Spectrum Center
Mt. Diablo Unified School District is collaborating with Spectrum Center, a non-public school, to place a class of students with the diagnosis and/or educational eligibility of autism on the Northgate High School campus. Fiscal Impact: $369,000 These dollars are included in the Non-Public School budget for 2005-06. Funding Source: General Fund
Recommendation
Approve Memorandum of Understanding as presented.
Information 9.14 Continuation of Edusoft Student Information Software System Contract
Renewal of contract from February 1, 2005 to January 31, 2008. First term sum is $187,922.14 (contract aligned to eliminate separate timelines.) Second and third term sums will be appropriately adjusted. Funding Source: The system will be funded through federal and state categorical funds targeted for this purpose.
Title I $ 19,793.44
Title II, Part D-Technology - 132,000.00
Title V 30,000.00
School Improvement Funds 1,187.50
High Priority Schools 2,672.00
School Assistance Intervention Team 2,269.20
Total $187,922.14
Recommendation
This is being presented as information only and will be returned for action.
Information 9.15 Continuation of Existing Contracts for Providers of AB75 Principal’s Training
The State of California has announced the release of the latest round of funds to continue the AB75 Principals Training Program. The contract renewals have been postdated in anticipated of the release of funds. Stanislaus County Office of Education renewal contract from January 4, 2005 to August 31, 2005 is for $76,500, ACSA Memo of Understanding is from January 10, 2005 to June 30, 2006 in the amount of $26,775 for a total amount of $103,275.
Recommendation
This is being presented as information only and will be 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.
| AUGUST 2005 |
| Regular Board Meeting August 9 7:30 p.m. |
| Regular Board Meeting August 23 7:30 p.m. |
| Measure A Advisory Committee August 25 7:00 p.m. |
| SEPTEMBER 2005 |
| Measure C Oversight Committee September 1 7:00 p.m. |
| Community Advisory Committee September 12 7:00 p.m. |
| Regular Board Meeting September 13 7:30 p.m. |
| Parent Advisory Committee September 14 7:00 p.m. |
| Safe and Drug Free Schools Task Force September 22 3:30 p.m. |
| Regular Board Meeting September 27 7:30 p.m. |
| OCTOBER 2005 |
| Community Advisory Committee October 3 7:30 p.m. |
| Parent Advisory Committee October 5 7:00 p.m. |
| Regular Board Meeting October 11 7:30 p.m. |
| Safe and Drug Free Schools Task Force October 20 3:30 p.m. |
| Regular Board Meeting October 25 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.