MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

BOARD OF EDUCATION

AGENDA

Tuesday, September 13, 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

 

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):

September 27, 2005                                           7:30 p.m.                                  Regular Board Meeting

October 11, 2005                                               7:30 p.m.                                  Regular Board Meeting

October 25, 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 and Julie Braun-Martin.

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

2.         Readmissions (1)- Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.

3.         Existing Litigation

            Lammers v. Mt. Diablo Unified School District

G. Williams v. Mt. Diablo Unified School District

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

4.         Anticipated Litigation

One potential case.

            5.         Conference with Real Property Negotiator

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 – September 13, 2005.

            Topics               ·Negotiations

·Expulsions/Readmissions

                                    ·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- none.

            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

            3.4        Fiscal Transactions for the Period of 7/1/05 through 7/31/05

            3.5        Resolution #05/06-07 Authorizing the Issuance of Sale of Mt. Diablo Unified School District 2005 Tax and Revenue Anticipation Notes (TRANs)

Proceeds (not to exceed $40,000) from the issuance of TRANs will be used to meet fiscal year 2005-06 case requirements until property tax revenues are received.

            3.6        Acceptance of Additional Cal-Safe Funding

The District is receiving annual Cal-Safe funding to support the education and child care services provided by Crossroads Necessary Small High School.  The District has received a notification from the funding agency that additional grant funding of $3,483 has been made available for the 2005-06 school year.  Fiscal Impact:  The District will receive an additional $3,493 to support the Crossroads Small Necessary High School program.

            3.7        Notice of Completion to Contract C-805, Bid 1368

Notice of Completion to Contract C-805, Bid 1368, to Lighthouse Painting Co. in the amount of $137,000 who provided the interior painting at Bel Air, El Monte, Holbrook, Pleasant Hill, Rio Vista, Shore Acres, Sun Terrace, Wren Avenue, and Ygnacio Valley elementary schools; Foothill Middle School; and Mt. Diablo High. Funding Source: Deferred Maintenance

            3.8        Playground Equipment and Installation at Shore Acres Elementary School

Provide playground equipment and installation at Shores Acres Elementary School by Playgrounds Unlimited for the total amount of $40,741.  Funding Source:  hCommunity donations and Proposition 55

3.9        Contract between Mt. Diablo Unified School District and Resource Development Associates for Evaluation Services of the After School Program

            Request approval of a contract for required evaluation services for the 2005-06 school year in the amount of $126,300 for twenty-four (24) After School Programs participating in the After School 4 All County Collaborative.  Funding Source:  California After School Education and Safety Program and 21st Century Community Learning Center grants.  There is no impact to the General Fund.

3.10      Contract between Mt. Diablo Unified School District and Contra Costa County Office of Education, Youth Development Services (COCO Spirit AmeriCorps)

            Request approval of a contract in the amount of $20,000 to provide tutoring, early literacy training, and enrichment services for each of the fourteen (14) After School programs at Bel Air, Cambridge, Fair Oaks, Holbrook, Meadow Homes, Rio Vista, Sun Terrace, Shore Acres, Ygnacio Valley, and Wren Avenue elementary schools; and EL Dorado, Glenbrook, Oak Grove and Riverview middle schools.  Funding Source:  California After School Education and Safety Program and the 21st Century Community Learning Centers grants.  There is no impact to the General Fund.

3.11      Contract with Board of Supervisors District V

Contract to provide support funds to expand the enrichment, youth development and community Services components of the CARES After School programs at Bel Air, Rio Vista, Shore Acres elementary schools; and Riverview Middle School.  Fiscal Impact:  $40,000 Funding Source:  Funding provided by the Board of Supervisors District V, Keller Canyon Landfill Mitigation Program. There is no impact to the General Fund.

3.12      Striving Readers Program Letter of Intent

            Request permission to submit a grant to the U.S. Department of Education for the Striving Readers Program.  Fiscal Impact:  The District would be eligible to submit an application that, if successful, would result in grant funding of up to $5,000,000 a year for 5 years. 

4.         RECOGNITIONS - None

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        Resolution #05/06-05 Hispanic Heritage Month

The California Department of Education has designated September 15 – October 15, 2005 as Hispanic Heritage Month.  The resolution recognizes the many contributions made by the Hispanic people to the growth and development of California’s heritage.

                        Recommendation

                        Adopt resolution as presented.

Action   9.2        Certification and Approval of the 2004-05 Statement of Receipts and Expenditures, the Annual Closing of the Books (SACS Unaudited Actuals)

The Governing Board of each school district shall certify and file the annual statements of all receipts and expenditures of the District for the preceding fiscal year with the county superintendent of schools, on or before September 15.

                        Recommendation

                        Approve as presented.

Action   9.3        Partial Settlement Agreement

The District and N.V. Heathorn have negotiated a partial settlement that protects the District’s interests, but allows payment of joint checks to subcontractors in exchange for release of stop notices. There is no net change in project value as a result of this action. Subcontractors will be paid and the school district’s interests will be preserved. Funding Source: Developer Fees, State Building Fund and the City of Pittsburg Redevelopment

                        Recommendation

                        Approve partial settlement agreement as presented.

Action   9.4        Final Deductive Change Order No. 3 to Contract C-724, Bid 2004

Final Deductive Change Order No. 3 to Contract C-724, Bid 2004 in the amount of $5,683 to N.V. Heathorn, Inc. who provided the new construction of San Marco (Delta View) Elementary School. Funding Source: Developer Fees, State Building Fund, and the City of Pittsburg Redevelpment

                        Recommendation

                        Approve as presented.

Action   9.5        Notices of Completion

Notice of completion to N.V. Heathorn, Inc., in the amount of $12,124,391 who provided the new construction of San Marco (Delta View) Elementary School. Funding Source: Developer Fees, State Building Fund, City of Pittsburg Redevelopment

Recommendation

Approve as presented.


Action   9.6        Consider Elimination of Open Mobile Maintenance Positions and Creation of Benefit Packages for Substitute Bus Drivers

We will increase the capacity to retain bus drivers by offering a full medical/dental/vision package. Funding for this enhancement will be achieved through the elimination of a vacant position. Fiscal Impact: New savings of $2,942  Funding Source: General Fund

                        Recommendation

                        Approve request as presented.

Action   9.7        Adult Education Certificated and Flat Hourly Rate Raises

Mt. Diablo Adult Education requests approval to grant a 1.0% raise for Adult Education teachers effective August 16, 2005.  Certificated substitute rates and non-instructional hourly rates will also be raised by the same percentage. There is no cost to the General Fund. The total cost to the Adult Education Fund for 2005-06 program year is approximately $42,000.

                        Recommendation

                        Approve as presented.

Action   9.8        Agreement with Northgate Community Pride Foundation for Improvement of the Football Field

The Northgate Community Pride Foundation would like to install goal posts, scoreboard, temporary bleachers, and a temporary fence.  Estimated projects are: Installation of goal posts and scoreboard - $50,000; installation of temporary fence $20,500; bleacher rental - $8,196. There is no fiscal impact to the General Fund.  Funding Source:  Northgate Community Pride Foundation - $78,686

                        Recommendation

                        Approve as presented.

Action   9.9        Job Description for Director, Technology Support

At the August 9 Board meeting, the Board approved a request to reclassify the Supervisor, Technology Support position in Technology and Information Services (TIS) to a Director, Technology Support position.

Recommendation

This was presented as information at the August 23 Board meeting.  It is now being returned for action.

Action   9.10      Job Description for Benefits Coordinator

At the August 9 Board meeting, the Board approved a request to reclassify one (1) Senior Typist Clerk position in Risk Management to a Benefits Coordinator position. Local One, CST has been advised of this job description.

                        Recommendation

This was presented as information at the August 23 Board meeting.  It is now being returned for action.

Action   9.11      Job Description for Fiscal Analyst

At the August 9 Board meting, the Board approved a request to reclassify one (1) Senior Account Clerk position in Fiscal Services to a Fiscal Analyst position. Local One, CST has been advised of this job description.

                        Recommendation

This was presented as information at the August 23 Board meeting.  It is now being returned for action.


Action   9.12      Continuation of Edusoft Student Information Software System Contract

Renewal 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.  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; Title V - $30,000; School Improvement Funds - $1,187.50; High Priority Schools - $2,672; School Assistance Intervention Team - $2,269.20; totaling $187,922.14

                        Recommendation

This was presented as information at the August 9 Board meeting.  It is now being returned for action.

Action   9.13      Measure C Oversight Committee Membership

                        Request appointment of Mark Ramsey to serve on the Measure C Oversight Committee.

                        Recommendation

                        Approve appointment as recommended.

Information        9.14      Proposed Board Policy 3515.11 and Administrative Rule on Video Surveillance

                        Proposed Board Policy and Administrative Rule on video surveillance.

                        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.


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.

 
 
 

NOVEMBER 2005

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

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

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

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

Regular Board Meeting                                                           November  22         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.