MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, March 11, 2008

Closed Session 6:00 p.m.

Regular Session 7:30 p.m.

LOCATION

Monte Gardens Elementary School

3841 Larkspur Drive, Concord

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

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 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 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):

 

March 11, 2008                                                  7:30 p.m.                                  Regular Board Meeting

March 18, 2008                                                  7:30 p.m.                                  Regular Board Meeting

April 8, 2008                                                      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, Julie Braun-Martin and Dorothy Epps.

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

 

2.         Expulsions(3)/Readmissions(12) - Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.

 

3.         Existing Litigation

            Spieler v. Mt. Diablo Unified School District

 

4.         Anticipated Litigation

 

            5.         Conference with Real Property Negotiator

 

6.         Public Employee Discipline/Dismissal/Release/Complaint

            Five (5) certificated employees

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

2.         REPORT OF CLOSED SESSION – March 11, 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 meetings of February 12, 2008.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Resolution 07/08-68 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.

 

                        3.2.3 Assembly Bill 948 – STRS Post-Retirement Earnings Limitation

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.

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

 

 

 

                        3.3.2 Amend Layoff Date for the Director of Budget and Accounting Position

At the February 25, 2008 Board meeting, resolution 07/08-64 was adopted to eliminate the Director of Budget and Accounting position effective April 11, 2008. The layoff date will be amended to April 15, 2008.

 

            3.4        Agreement with Jack Schreder & Associates

Agreement with Jack Schreder & Associates to prepare a developer fee justification study.  Fiscal Impact:  $13,350  Funding Source:  Developer Fees

 

3.5        Change Order to Contract with Service Pro Security for Security Guard Services

            Change order in the amount of $196,000 to Service Pro Security, for the provision of security guard services.  Funding Source:  Building Security Budget (General Fund)

 

3.6        Amendment No. 2 to Contract with Charles Ham Associates for Architectural/Engineering Services for the Measure C Program/Dent Education Center

            Contract amendment no.2 to Charles Ham Associates in the amount of $5,251 for comprehensive design services related to the Measure C modernization and new construction designated for the Dent Center.  Funding Source:  Measure C

 

3.7        Amendment No. 8 to Contract with Nacht and Lewis for Architects/Engineering Services for the Measure C Modernization Program and for the Proposition 55 Heating, Ventilation, and Air Conditioning Improvement Program

Amendment no. 8 to contract with Nacht and Lewis Architects/Engineering Services in the not to exceed amount of $8,300 for the Measure C modernization program and for the Proposition 55 heating, ventilation, and air conditioning improvement program.  Funding Source:  Proposition 55 funds

 

3.8        Award of Inspector of Record (Project Inspector) Contract to Mathew Kelly

Award of Inspector of Record (Project Inspector) contract to Mathew Kelly, in the not to exceed amount of $12,500 to inspect and approve the removal and installation of fire protection devices and reprogramming of fire alarm control panels at Bancroft, Holbrook, and Mt. Diablo elementary schools; and El Dorado and Foothill middle schools.  Funding Source:  Deferred Maintenance

 

3.9        Award of Contracts

3.9.1 Award of Contract to Consolidated Engineering Laboratories in the not to exceed amount of $52,400 for the material testing and inspection services related to the construction of new classrooms at Mt. Diablo High School; and Cambridge and Meadow Homes elementary schools.  Funding Source:  Quality Education Initiative Act (QEIA)

 

3.9.2 Award of Contract to PHd Architects in the not to exceed amount of $6,000 for the architectural/engineering services for the design of new partition walls at Hidden Valley Elementary School and El Dorado Middle School pod buildings.  Funding Source:  Deferred Maintenance Funds

 

3.9.3 Award of Contract to PHd Architects in the not to exceed amount of $12,000 for the removal and in-fill of skylight systems at Strandwood Elementary School.  Funding Source:  Deferred Maintenance Funds

 

            3.9.4 Award of Contract to H and M Mechanical Group in the not to exceed amount of $15,000 for professional mechanical design services for the replacement of the natural gas services and distribution system at Sequoia Elementary School and Sequoia Middle School.  Funding Source:  Deferred Maintenance Funds

 

3.10      Award of Bids

3.10.1 Award of Bid 1500 to Galedrige Construction in the amount of $179,025 to provide the access road renovation at Pleasant Hill Education Center.  Funding Source:  Deferred Maintenance

 

3.10.2 Award of Bid 1501 to D & D Pipelines, Inc. in the amount of $239,000 to provide the fire line laterals at Pleasant Hill Education Center.  Funding Source:  Measure C

 

3.11      Creation of Maintenance and Repair Fund for the Jack De Rieux Little Theater at Northgate High School

            There is currently no budget for the replacement, repair, and upgrade of equipment for the Jack De Rieux Little Theater at Northgate High School.  Staff recommends increasing the fee for use of the facility to be comparable to rates charged similar facilities.  Fiscal Impact:  $140 per 4-hour block use for Group III; $300 per 4-hour block use for Group IV

 

3.12      Independent Services Contract with MAAT Consulting Services

            Independent services contract with MAAT Consulting Services in the amount not to exceed $42,500 to provide services for the purpose of addressing the District’s goal of closing the achievement gap.  Fiscal Impact:  Not to exceed ($22,500; new contract $20,000)  Funding Source:  Categorical and grant funds are being used for this purpose.  Program codes: Pre-Intervention Grant – 1901, $10,000; Title I (site based) – 3070, $10,000; Drop out Prevention and Recovery (on existing contract), $22,500

 

3.13      Grant Application Request – Pleasant Hill Community Foundation

            Mt. Diablo Adult Education requests approval to submit a grant application to the Pleasant Hill Community Foundation in the amount of $958.  There is no impact to the General Fund.  Funding Source:  Pleasant Hill Community Benefit Foundation

 

3.14      Legal Service Contract between Mt. Diablo Unified School District and Olson, Hagel & Fishburn, LLP

            The law firm of Olson, Hagel, & Fishburn, LLP has been providing legal services with regard to the District’s appeal of the 2005-06 audit finding for credential compliance.  Fiscal Impact:  $25,621.43  Funding Source:  General Fund

 

3.15      2008-2009 School Calendar

The draft of the 2008-09 school calendar has been approved by the Mt. Diablo Education Association (MDEA) and shared with all bargaining units and department heads.  It is now being presented for Board approval

 

4.         RECOGNITIONS

            4.1        California Association of Bilingual Education Administrator of the Year – Wayne Miller

 

            4.2        Board of Education – Recognition by California Department of Education and California                                Middle Grades Alliance

 

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 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.

 

7.         COMMUNICATIONS

7.1        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.

 

8.         REPORTS/INFORMATION – None

 

9.         SUPERINTENDENT'S REPORT

 

10.        BUSINESS

Public Hearing   10.1      Public Hearing and Plan of Action to Address Decrease in Revenue from the State                          of California

With the Governor’s proposed across the board cuts to K-12 grade education, funding for education is expected to be reduced by $4.4 billion.  This means that school districts will have to reduce approximately $129 per ADA from Revenue Limits, $30 per ADA from Special Education, $146 per ADA from Categoricals.  The total loss is estimated $305 of ADA from the 2007-08 revenues.

 

                        Recommendation

                        Hold public hearing and discuss plan of action.

 

Action   10.2      Consider Approval of Budget Reductions

Beginning in November of 2007, we began a process of budget reductions to provide compensation for all of our employees.  As of January we had reduced expenditures by approximately $3.5 million.  On January 10, Governor Schwarzenegger declared a State of California fiscal crisis because of a reported $14.5 budget deficit.  Since school districts and all public agencies receive some funding from the State, the budget shortfall has a tremendous impact.  The entire education budget has to be reduced by $4.6 billion in 2008-09.  The Mt. Diablo Unified School District will have to reduce expenses by $14 million.  This is in addition to the $3.5 million already reduced.

Fiscal Impact:    Up to $14 million.

 

Funding Source:            General Purpose

                                                            Special Education

                                                            Routine Restricted Maintenance Account

 

            Recommendation

                        1. Add items to the list

                        2. Remove items from the list

                        3. Approve the following items: 44(b), 54, 56(b), 63

                        Total amount of these reductions is: $817,248

 

Action   10.3      Resolution 07/08-67 Declaring the Futility of Public Bidding for the Addition of Two (2)                                  Prototypical Classrooms to Contract 1497 and Approving Change Order for that Work

Adopt resolution authorizing the District to waive the bidding requirements for bid no 1497 for the addition of two prototypical classrooms at Cambridge and Meadow Homes elementary schools; and Mt. Diablo High School to Roek Construction, due to the fact that it would be futile, undesirable or impractical and would cause additional delay and cost to advertise for bids for construction of these classrooms.  Fiscal Impact:  $708,505 for the addition of two prototypical classrooms (Cambridge Elementary - $339,131; and Meadow Homes - $369,374).  Funding Source:  Quality Education Initiative Act (QEIA)

 

Recommendation

Adopt resolution as presented.

 

Action 10.4        Award of Inspector of Record (Project Inspector) Contract to Paul Lucido

Award of Inspector of Record (Project Inspector) contract to Paul Lucido in the not to exceed amount of $84,000 to support the site development and construction of six (6) new classrooms at Mt. Diablo High School; and Meadow Homes and Cambridge elementary schools.  Funding Source:  Quality Education Initiative Act (QEIA) grant

 

Recommendation

Approve contract as presented.

 

 

Action   10.5      Resolution 07/08-69 to Decrease the Number of Certificated Employees Due to a    Reduction in Particular Kinds of Service

As part of the certificated layoff process, Education Code section 44955 permits the Governing Board, through a resolution, to reduce or discontinue particular kinds of services for the next school year.

 

                        Recommendation

                        Adopt resolution as presented

 

Public Hearing   10.6      Public Hearing to Adopt the Mt. Diablo Unified School District Local Plan Area (SELPA)                  & Action         Annual Budget Plan, the Certification of the Annual Service Plan, the California Special                                     Education Management Information System (CASEMIS) Service Descriptions, and the                                      Service Plan Forms for the 2007-08 School Year

As required by Ed Code Sections 56205, 56205(b)(2) and 56195.7, each SELPA Local Plan document requires a service plan component and a budget plan that are updated annually.

 

Recommendation

Public hearing and adoption.

 

Action   10.7      Job Description for Director, Fiscal Services

                                    This is revision of the job description of Director, Fiscal Services.

 

                                    Recommendation

               This was presented as information at the February 25 meeting.  It is now being returned for action.

 

Action   10.8      Board Policy 6146.1(a) – High School Graduation Requirements

Clarification of BP 6146.1(a) High School Graduation Requirements with regard to Physical Education and the California High School Exit Exam (CAHSEE).

 

                                    Recommendation

This was presented as information at the February 25 meeting.  It is now being returned for action.

 

11.        ADJOURNMENT

 

12.        CLOSED SESSION - Items not completed during the first closed session will be carried over to this closed session.

 


 

MARCH 2008

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

Special Board Meeting                                                                   March      4      7:00 p.m.

Parent Advisory Committee                                                           March      5      7:00 p.m.

Measure C Oversight Committee                                                  March      6      7:00 p.m.

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

Community Input Meeting                                                              March    13      7:00 p.m.

Regular Board Meeting                                                                  March    18      7:30 p.m.

Safe and Drug Free Schools Task Force                                     March    19      3:30 p.m.

 

APRIL 2008

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

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

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

Regular Board Meeting                                                                    April     22       7:30 p.m.

Safe and Drug Free Schools Task Force                                       April     24       7:00 p.m.

 

MAY 2008

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

Parent Advisory Committee                                                              May    7         7:00 p.m.

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

Safe and Drug Free Schools Task Force                                        May  22         3:30 p.m.

Regular Board Meeting                                                                     May  27         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.