MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, October 9, 2007

Closed Session 4:00 p.m.

Regular Session 7:30 p.m.

 

LOCATION CHANGE

MONTE GARDENS ELEMENTARY

3841 Larkspur Drive, Concord

BOARD OF EDUCATION

Gary L. Eberhart, President

April P. Treece, Vice President

Richard W. Allen

Paul P. Strange

Linda K. Mayo

 

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 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):

 

October 23, 2007                                               7:30 p.m.                                  Regular Board Meeting

November 13, 2007                                            7:30 p.m.                                  Regular Board Meeting

November 27, 2007                                            7:30 p.m.                                  Regular Board Meeting

 

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

 

 

 


CALL TO ORDER4:00 p.m. – PLEASE NOTE TIME CHANGE

 

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(0)/Readmissions(0) - 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

 

7.         Superintendent’s Evaluation

 

RECONVENE OPEN SESSION – 7:30 p.m.

1.         PRELIMINARY BUSINESS

                                    ·Pledge of Allegiance

                                    ·Roll Call

 

2.         REPORT OF CLOSED SESSION – October 9, 2007

            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 of the meeting of September 11, 2007.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Resolution 07/08-34 Education Code 44258.2 – Board Authorization

Under Ed. Code 44258.2, holders of single subject or secondary credentials who have 12 lower division units or 6 upper division units in a subject can be authorized, by Board Authorization, to teach that subject(s) in a middle school for the current school year.

 

3.2.3 School Administration Internship Agreement with Chapman University for the term of November 1, 2007 through November 1, 2012

This agreement is to provide supervised fieldwork experience for graduate students as interns in the School Administration Program in the School of Education at Chapman University leading to the Administration Service Credential.

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

                        3.3.2 Reduction in Hours of a Part-Time Health Assistant/LVN Position

Special Education requests the reduction in hours of a part-time 7.5 hour/day, school day only, Health Assistant/LVN position to 6.5 hour/day, school day only, effective November 26, 2007.  There is no impact to the General Fund.  The hours were original hours already in the fund and the $5,052 reduction in cost will be reallocated to other Special Education needs.

 

                        3.3.3 Eliminate a Vacant Instructional Assistant/Computer Position and Increase the Hours of a Site Technology Support Technician II Position at Walnut Acres Elementary School

Walnut Acres Elementary School requests the elimination of one (1) vacant part-time, 26 hour/week, school day only Instructional Assistant/Computer position and the increase of an existing 19 hour/week, Site Technology Support Technician II position to 32 hour/week, 10 month position.  There is no impact to the General Fund.  There will be a savings of $9,751.  Funding Source:  School Improvement Funds – 57%; Walnut Acres Parent Faculty Club – 43%.

 

                        3.3.4 Increase in Hours for a Part-Time Instructional Assistant Position at Bancroft Elementary School

Bancroft Elementary School requests an increase in hours for an existing 12 hour/week, school day only, Instructional Assistant position to 19.5 hour/week, school day only.  There is no impact to the General Fund.  The additional cost will be $4,198 and funded by Bancroft Parent Faculty Association.

 

                        3.3.5 Creation of a Part-Time Instructional Assistant Position at Bancroft Elementary School

Bancroft Elementary requests the creation of a part-time, 10 hour/week, school day only, Instructional Assistant position.  There is no impact to the General Fund.  The annual cost will be $5,620 and funded by Bancroft Parent Faculty Association.

 

            3.4        Grant Agreement between Mt. Diablo Unified School District and the City of Walnut Creek

The City of Walnut Creek will provide one to two crisis counselors.  There is no impact to the General Fund.  Funding Source:  City of Walnut Creek grant maximum of $10,000 for the 2007-2008 school year.

 

            3.5        Resolution 07/08-36 to Award Bid 1487

The monitor of the facilities portion of the Consent Decree has approved the installation of new playground equipment.  The school district has ordered the equipment and has solicited bids for its installation.  In order to commence work prior to the rainy season, staff recommends that that Board delegate its authority to approve the award of bid to the Superintendent.  Fiscal Impact:  To be determined  Funding Source:  Measure A

 

            3.6        Contract with ATI Architects for Architectural/Engineering Services

Contract with ATI Architects in the amount not to exceed $439,240 for the architectural/engineering services for the planned construction of additional classrooms/office facilities at Cambridge and Meadow Homes elementary schools; Riverview Middle School; and Mt. Diablo High School.  Funding Source:  Quality Education Investment Act (QEIA) funding.

 

            3.7        Contract with Charles Ham Associates for Architectural Engineering Services

Contract with Charles Ham Associates in the amount not to exceed $89,951 for architectural/engineering services for Measure A Committee and Board approved supplemental restroom buildings at Mt. Diablo Elementary School; Sequoia Middle School; and College Park High School.  Funding Source:  Measure A Funds

 

3.8        Contract with School Web Services for Automation of District Facility Use Permits Application Process, Vendor Database, and Web Page Maintenance

Contract with School Web Services in the amount of $45,000 for the automation of the facility use permit application process, vendor database and web page maintenance.  Funding Source:  Existing budgets from Technology and Information Services and Administrative Services.

3.9        Contract Amendment #7 – Corlett, Skaer, and DeVoto Architects,Inc.

            Contract amendment #7 to Corlett, Skaer, and DeVoto Architects, Inc. in the amount of $43,002 for architectural/engineering services for work identified in the Measure C Facility Improvement Program.  Funding Source:  Measure C

 

            3.10      License Agreement to Install and Maintain a Surveillance Camera at Delta View Elementary School for Larry Lasater Park

The City of Pittsburg is installing an active video surveillance system at the recently developed Larry Lasater Park immediately north and adjacent to Delta View Elementary School.  So as to maximize protection of the joint use park, as well as the retention basin adjacent to the park, and the Delta View facility, the City is seeking permission, through execution of a License Agreement, to install and maintain a single surveillance assembly on the uppermost northern wall of the Delta View Elementary facility.  There is no impact to the General Fund.

 

            3.11      Independent Contractor Agreement between Mt. Diablo Unified School District and John F. Kennedy University (JFK)

Independent contract agreement between Mt. Diablo Unified School District and John F. Kennedy University (JFK) to provide counseling services for the 2007-2008 school year.  Fiscal Impact:  Costs are grant funded and are not to exceed $59,000 for the 2007-2008 school year.  Funding Source:  Pre Referral Intervention Grant 0506 (Mental Health)

 

            3.12      Resolution 07/08-35 Sustainability and the Design and Construction of High Performance Facilities

Adoption of the resolution publicly affirming the District’s commitment to make a diligent effort to comply with the resource conservation and sustainability guidelines developed by the Collaborative for High Performance Schools, the Department of the State Architect (DSA) and the Office of Public School Construction.

 

3.13      Agreement with Northgate Community Pride Foundation for Improvement of Football Field and Track

On September 25, 2007, the Board approved an agreement with the Foundation to complete design services for synthetic field and an all weather track.  The design is complete and the Foundation now would like to fund the actual construction.  Fiscal Impact:  The estimated construction cost is $1,300,000.  Mt. Diablo Unified School District will contribute $300,000.  Funding Source:  Northgate Community Pride Foundation and anticipated proceeds from the school district’s share of the sale of the former Oak Park Elementary School site approved by the Board on June 14, 2007.

 

4.         RECOGNITIONS

            4.1        Recognition of Improvement on the Academic Performance Index

Walnut Acres Elementary           Sequoia Elementary                   Valle Verde Elementary

            Strandwood Elementary              Eagle Peak Montessori              Foothill Middle

            Pleasant Hill Elementary            Mt. Diablo Elementary                Monte Gardens Elem.

            Valhalla Elementary                   Sequoia Middle                          Bancroft Elementary

            Highlands Elementary                Diablo View Middle                     Northgate High

            Gregory Gardens Elementary      Ayers Elementary                      Valley View Elementary

            Westwood Elementary               Cambridge Elementary               Riverview Middle

            Concord High                             Ygnacio Valley Elementary         El Monte Elementary

            Sun Terrace Elementary             Wren Avenue Elementary           Hidden Valley Elementary

 

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

Action   10.1      Resolution 07/08-Red Ribbon Week

During Red Ribbon Week, schools and many community agencies throughout California will join together to highlight their commitment to a drug and tobacco free society.

 

                        Recommendation

                        Adopt resolution as presented.

 

Action   10.2      Appointment of Workers’ Compensation Manager

Interviews have been conducted and a candidate selected to fill the Workers’ Compensation Manager position.

 

                        Recommendation

                        Approve appointment as recommended.

 

Action   10.3      Approval of the 2007-2008 Revised Budget

The revised budget for the General Fund reflects the following financial activity since the approval of the adopted budget on June 26, 2007:  the impact of the Governor’s budget, the CalPERS actual premium rate increase, the workers’ compensation insurance carrier change, the net impact of Board action items, and the unaudited actuals beginning balance as of July 1, 2007.

 

                        Recommendation

                        Approve the 2007-2008 revised budget as presented.

 

Public Hearing   10.4      Resolution 07/08-30 Public Hearing Regarding Sufficiency of Textbooks and Instructional     Action         Materials for 2007-2008 for Pupil Textbook and Instructional Materials Incentive Program                                          and Williams Settlement Instructional Materials Funds

The local governing board is required to make an annual determination of the sufficiency of textbooks or instructional materials, consistent with the content standards adopted pursuant to Education Code Section 60605.

 

                        Recommendation

                        Adopt resolution as presented.

 

      Action         10.5      Contract for Legal Services with Miller Brown and Dannis

Contract for legal services to be provided by the firm of Miller Brown and Dannis.  Legal service hourly rates are as follows:

                                    Shareholders - $215 - $275

                                    Special Counsel and Office Counsel - $215

                                    Associates - $185 - $215

                                    Paralegals and Law Clerks - $110 - to $215

      Fiscal Impact:  Approximately $55,000 per month  Funding Source:  General Fund – already budgeted.

 

                        Recommendation

                        Approve contract as presented.

 

      Action         10.6      Resolutions 07/08-31, 32, and 33 Dedication of Easements at Loma Vista Adult Center, Pleasant Hill Education Center and Shadelands Center

Pursuant to the process specified under Section 15556 of the Education Code regarding dedication of easements to any public entity, the Board of Education approved the Resolutions of Intent to Dedicate Easements to the Contra Costa Water District as detailed on September 25, 2007.

 

                        Recommendation

                        Adopt resolution as presented.

 

Action   10.7      Approval of Adult Education Course Titles for 2007-2008

The California Department of Education requires that course titles be approved annually.  These titles have been previously approved, but need to be re-authorized for 2007-2008.

 

                        Recommendation

                        Approve the list of course titles as presented.

 

11.        ADJOURNMENT

 

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

 


 

OCTOBER 2007

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

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

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

Budget Advisory Committee                                                   October  10     5:30 p.m.

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

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

 

 

NOVEMBER 2007

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

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

Regular Board Meeting                                                           November 13   7:30 p.m.

Safe and Drug Free Schools Task Force                              November  15  9:30 a.m.

Regular Board Meeting                                                           November  27  7:30 p.m.

 

 

DECEMBER 2007

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

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

Measure C Task Force                                                           December   6   7:00 p.m.

Regular Board Meeting                                                           December 11   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.