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MT. DIABLO UNIFIED BOARD OF EDUCATION AGENDA Tuesday, February 12, 2008 Closed Session Regular Session |
BOARD OF EDUCATION April P. Treece, President Richard W. Allen, Vice President Paul P. Strange Linda K. Mayo Gary L. Eberhart SUPERINTENDENT Gary McHenry ASSOCIATE SUPERINTENDENT Alan Young, Ed.D., Educational Services ASSISTANT SUPERINTENDENTS Mildred Browne, Ed.D., Special Education Roger Bylund, Elementary Education 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
*
Record Keeping -- For accuracy, all regular meetings
of the Board of Education are recorded electronically. 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
*
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):
February
25, 2008 (Monday) 7:30
p.m. Regular
Board Meeting
March 11,
2008 7:30
p.m. Regular
Board Meeting
March 28,
2008 7:30
p.m. Regular
Board Meeting
**Note: Calendar of Future Board and Committee
Meetings Attached**
CALL TO ORDER –
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, Julie Braun-Martin and Dorothy Epps.
Agencies: MDEA, CSEA,
Local One M & O, Local One CST, MDSPA, and Supervisory.
2. Expulsions(6)/Readmissions(25)
- Review Administrative Hearing Panel recommendations regarding student
expulsions and readmissions.
3. Existing
Litigation
Ceballos
v. Mt. Diablo Unified
4. Anticipated
Litigation
One potential case.
5. Conference
with Real Property Negotiator
6. Public
Employee Discipline/Dismissal/Release/Complaint
RECONVENE OPEN SESSION
–
1. PRELIMINARY BUSINESS
·Pledge of Allegiance
·Roll Call
2. REPORT OF CLOSED SESSION – February 12, 2008
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 meeting of January 8, 2008.
3.2 Certificated
Personnel
3.2.1 Leaves of
Absence, Resignations, Retirements, Employment
3.2.2 Resolution
07/08-55 Variable Term Waiver Requests
Variable term waivers provide applicants with additional
time to complete certain requirements for the credential that authorizes the
service. The waiver request is made when
there is not a properly credentialed person available for the position.
3.3 Classified
Personnel
3.3.1 Leaves of
Absence, Resignations, Retirements, Employment
3.3.2 Creation of a
Part-Time Community Service Assistant for
3.4 Intermediate
Change Order #2, Bid 1446, Contract C-855
Intermediate change order #2 to bid 1446, contract C-855, to
Bell Products, Inc. in the amount of $318,169.57, for the removal of existing
mechanical systems and provision of new heating, ventilating, and air
conditioning systems at Ygnacio Valley Elementary School and Clayton Valley and
Ygnacio Valley high schools. Funding
Source: Proposition 55 funds
3.5 Amendment
to Inspector of Record (Project Inspector) Contracts for Group V Measure C
Projects – Matthew Kelly
As a result of a need for additional inspection time
associated with the close out of the Silverwood and Westwood elementary schools
projects, staff is requesting that the original contract be increased by
$5,200. Funding Source: Measure C
3.6 Amendment
to Inspector of Record (Project Inspector) Contracts for Group V Measure C
Projects – Avik Raichoudri
As
a result of a need for additional inspection time associated with the close out
of the
3.7 Amendment
#1 to Contract with Nacht and Lewis Architects
Amendment #1 to contract with Nacht and Lewis Architects in
the amount of $39,555 for the design and construction of permanent modular
buildings at Olympic High School. Funding
Source: Proposition 55 funds
3.8 Amendment
#3 to Contract with Capital Engineering Consultants
Contract amendment #3 to contract with Capital Engineering
Consultants in the amount of $4,000 for the comprehensive design and
engineering services related to the inclusion of the Serendipity kitchen
heating, ventilating and air conditioning system as an addenda item into the
currently approved
3.9 Award
of Inspector of Record (Project Inspector) Contract to Paul Lucido
Award
of inspector of record contract to Paul Lucido in the not to exceed amount of
$96,000 for the site development and installation of utility infrastructure for
the new classroom project at Olympic High School. Funding Source: Proposition 55 funds
3.10 Award
of Contract to PHd Architects for Architectural/Engineering Services Contract
Award
of contract to PHd Architects in the not to exceed amount of $23,100 for architectural/engineering
services for the design and oversight of the demolition and reconstruction of
structurally damaged walls at
3.11 Award
of Contract to Kleinfelder, Inc. for Geotechnical Engineering Services
Award of contract to Kleinfelder, Inc. in the not to exceed amount
of $8,675 for geotechnical engineering services associated with the
construction (build-back) of six (6) classrooms at Olympic High School. Funding Source: Proposition 55 funds
3.12 Award
of Contract to Kleinfelder, Inc. for Material Testing and Inspection Services
Award of contract to Kleinfelder, Inc. in the not to exceed
amount of $30,295 for the material testing and inspection services, site development
and construction of additional classrooms project at Olympic High School. Funding Source: Proposition 55 funds
3.13 Award
of Contract to Consolidated Engineering Laboratories for Material Testing and
Inspection Services
Award
of contract to Consolidated Engineering Laboratories in the not to exceed
amount of $36,371 for material testing and inspection services for Phase II of
the Proposition 55 heating, ventilating and air conditioning (HVAC) mechanical
program at Concord High, Oak Grove Middle, Bel Air and Rio Vista elementary
schools. Funding Source: Proposition 55 funds
3.14 Award
of Bid 1493 to Sabah International, Inc.
Award of bid 1493 to Sabah International, Inc. in the amount
of $50,237 to provide the removal and replacement of fire alarm devices and
reprogramming of fire alarm control panels at Bancroft, Holbrook, and
3.15 Consider
Increasing Spending Authority for the Contract between Mt. Diablo Unified
STE Consultants is a current Non-Public Agency (NPA)
provider of behavioral health services that have been designated as part of
students’ Individualized Education Plans.
Fiscal Impact: The total cost of
the contract is $50,722. The previously
budgeted amount of $19,184 was paid from the NPA budget (1661). The remaining amount of $31,538 will be
funded by the above contract reductions to Communication Works and Deiredre
Ryan-Booth.
4. RECOGNITIONS
5. BOARD FORUM
This item is here for the Board of
Education to discuss any issues of concern.
5.1 Committee
Minutes
5.2 Board
Reports (time limit – 3 minutes)
5.3 Issues
of Concern
6. PUBLIC COMMENT
The
public may address the Board regarding any item within the jurisdiction of the
Board of Education of the
7. COMMUNICATIONS
7.1 Student
Representatives
7.2 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.
8. REPORTS/INFORMATION
8.1 Staff
Report on Custodial Study
9. SUPERINTENDENT'S REPORT
10. BUSINESS
Action 10.1 Resolution
07/08-60 In Opposition to Governor’s 2008-09 State of
Resolution 07/08-60 strongly opposes the Governor’s 2008-09
budget proposal and urges the Governor and Legislature to discuss all
possibilities to solve the budget crisis, including new revenue sources.
Recommendation
Adopt resolution as
presented.
Public Hearing 10.2 Public
Hearing and Plan of Action to Address Decrease in Revenue from the State of
With the Governor’s proposed cuts to K-12 grade education,
funding for education is expected to be reduced by $4.4 billion. This means that we will have to reduce
approximately $129 per
Recommendation
Hold public hearing and
discuss plan of action.
Action 10.3 Annual
Audit Report for Fiscal Year 2006-07
The Board’s Audit Committee met with the auditors from
Perry-Smith & Co. and reviewed the audit for the 2006-07 fiscal year. There was an adjustment made to the
District’s financial records of $822,316 resulting from delay in processing of
an invoice. There were some audit
findings and recommendations regarding student funds, accounts payable,
attendance accounting and Proposition 20 Lottery Funds. District staff has reviewed these findings
and recommendations and provided a written response to each finding.
Recommendation
Accept
annual audit report as presented.
Public Hearing 10.4 Resolution
07/08-61 Denying the Petition to Form the
& Action Education Code section 47605(b)
requires the Board to hold a public hearing on the charter petition within 30
days of its submission to determine the level of public support for the
petition. The timeline was extended
thirty (30) days pursuant to mutual agreement of the parties. The public hearing was held on January 8,
2008.
Recommendation
Adopt resolution as presented.
Action 10.5 Resolution
07/08-56 Determining District Needs for 2008-2009 and Adopting Criteria for Determining Order of Seniority for Those
Certificated Employees with the Same Date of First Paid Probationary Services
In accordance with Education Code 44955(b), the Board of
Education must order the seniority of certificated employees who first rendered
paid service to the District in a probationary position on the same date. The Governing Board must determine the order
of seniority “solely on the basis of the needs of the District and the students
thereof.”
Recommendation
Adopt
resolution as presented.
Action 10.6 Project Labor
Agreement for Selected Projects
Pursuant to Board direction, the District has established a
Project Labor Agreement with the
Recommendation
Approve
Project Labor Agreement as presented.
Public Hearing 10.7 Deferred
Maintenance Plan
AB 939 Education Code 17584.1 requires that “the governing
board of a school district shall discuss proposals and plans for expenditures
of funds for the deferred maintenance of school district facilities at a
regularly scheduled public hearing.”
Recommendation
Hold
public hearing.
Action 10.8 Consider
Approval of Reorganization Plan for Administrative Services and the Fiscal Services Department
Until 2005 the Fiscal Services Department functioned with a
director level position which reported to the assistant superintendent of
Administrative Services. A Chief
Financial Officer position was created in early 2005 with oversight of the
Fiscal Services Department, Payroll, Accounts Receivables and Payables. The director’s position was upgraded to
recruit a highly competent and skilled financial officer. This would decrease the responsibility of the
assistant superintendent, Administrative Services who had major
responsibilities for the Measure C facilities bond. Now that the Measure C program is almost
completed and the need to reduce expenses to balance the budget, I am
recommending a reorganization plan.
Recommendation
Approve reorganization
plan as presented.
Action 10.9 Award
of Bid 1492 to Taber Construction, Inc
Award of bid 1492 to Taber Construction, Inc. to provide the
removal of existing mechanical systems and provide heating, ventilation, and
air conditioning at Bel Air and Rio Vista elementary schools;
Recommendation
Approve as presented.
Action 10.10 Award of Bid 1497
to Rock Construction, Inc.
Award of bid 1497 to Rock Construction to provide the prototypical
classrooms 2007 at
Recommendation
Approve as presented.
Action 10.11 Resolution
07/08-57 Intent to Dedicate Easements at
Section 17556 of the Education Code authorizes the
Recommendation
Adopt resolution as
presented.
Information 10.12 Memorandum
of Understanding with Contra Costa Health Services for
Request
approval of Memorandum of Understanding with Contra Costa Health Services to
provide mobile school-based health clinics which will rotate among campuses
providing up to 20 hours of services per week.
The campuses to be served are Fair Oaks,
Recommendation
Information
and discussion.
Action 10.13 Board
Committee Assignments
The Board President will make Board committee assignments
for the period of January 1, 2008 through December 31, 2008.
Recommendation
Make committee
assignments
Action 10.14 Williams
Quarterly Summary Report, January 31, 2008
Quarterly reports reflect complaints regarding textbooks and
instructional materials, teacher vacancy or misassignments, and facilities
conditions. This quarter’s report
includes the months of November and December 2007 and January 2008.
Recommendation
Ratify the Williams Quarterly Summary Report, January 31,
2008 on Williams Uniform Complaints.
11. ADJOURNMENT
12. CLOSED
SESSION - Items not
completed during the first closed session will be carried over to this closed
session.
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FEBRUARY 2008 |
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Community Advisory Committee February 4
7:00 p.m. |
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Budget Advisory Committee February 6
5:30 p.m. |
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Parent Advisory Committee February 6
7:00 p.m. |
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Regular Board Meeting February 12
7:30 p.m. |
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Safe and Drug Free Schools Task Force February 14
3:30 p.m. |
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Regular Board Meeting (Monday) February 25
7:30 p.m. |
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MARCH 2008 |
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Community Advisory Committee March 3
7:00 p.m. |
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Parent Advisory Committee March 5
7:00 p.m. |
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Measure C Oversight Committee March 6
7:00 p.m. |
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Regular Board Meeting March 11
7:30 p.m. |
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Regular Board Meeting March 18
7:30 p.m. |
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Safe and Drug Free Schools Task Force March 19
3:30 p.m. |
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APRIL 2008 |
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Parent Advisory Committee April 2
7:00 p.m. |
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Community Advisory Committee April 7
7:00 p.m. |
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Regular Board Meeting April
8 7:30 p.m. |
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Regular Board Meeting April
22 7:30 p.m. |
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Safe and Drug Free Schools Task Force April
24 3:30 p.m. |
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Note: This is being provided for information only.
Please
call 682-8000 ext. 4000 to confirm meeting dates, times and locations.