MT. DIABLO UNIFIED SCHOOL DISTRICT

James W. Dent Education Center

1936 Carlotta Drive

Concord, CA  94519-1397

 

BOARD OF EDUCATION

 

AGENDA

 

Tuesday, November 13, 2007

Closed Session 6:00 p.m.

Regular Session 7:30 p.m.

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):

 

November 26, 2007(pending board approval)         7:30 p.m.                                  Regular Board Meeting

December 11, 2007                                            7:30 p.m.                                  Regular Board Meeting

January 8, 2007                                                 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(1) - Review Administrative Hearing Panel recommendations regarding student expulsions and readmissions.

 

3.         Existing Litigation

 

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 – November 13, 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 meetings of October 9, 2007.

 

            3.2        Certificated Personnel

                        3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.2.2 Resolution 07/08-41 Education Code 44256(b) Board Authorization

Under Ed. Code 44256(b), holders of multiple subject or elementary 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 Resolution 07/08-42 Variable Term Waiver Request(s)

Variable term waivers provide applicants with additional time to complete certain requirements for the credential that authorizes the services.  The waiver request is made when there is not a properly credentialed person available for the position.

 

3.2.4 Resolution 07/08-43 Provisional Internship Permit (PIP) Request(s)

All requests for a PIP must be presented to the Governing Board of a public school district for approval.  Every PIP request that is submitted to the Commission on Teacher Credentialing must also include verification that a notice of intent to employ the named applicant in the identified position has been made public.

3.2.5 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 in the School Administration Program in the School of Education at Chapman University leading to the Administration Services Credential.

 

            3.3        Classified Personnel

                        3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

                        3.3.2 Revise Work Year for a Vacant Part-Time Secretary at Valley View Middle School

            In order to align the work year of this position with the customary work year within the Clerical Secretarial and Technical (CST) unit, we are requesting that this position be increased from school days only (180) to a 9.5 month/year (9/1 to 6/15 work year), 10 hour/week.  This increase conforms with the CST unit standards.  There is no impact to the General Fund.  The additional cost for fiscal year 2007-2008 is $60 and funded by Valley View Middle School Improvement funds.

 

3.4        Award of Bid 1486 to Sousa Electric Company

Award of bid 1486 to Sousa Electric Company in the amount of $103,338 for stage lighting improvements at College Park High School.  Funding Source:  Pleasant Hill Redevelopment

 

3.5        Architectural/Engineering Services Contracts

3.5.1 Contract with PHd Architects in the amount of $20,200 for the installation of interim housing units at Olympic High School.  Funding Source:  Proposition 55 funds

 

            3.5.2 Contract with Nacht and Lewis Architects in the amount of $126,440 for the design and construction of permanent modular buildings at Olympic High School.  Funding Source:  Proposition 55 Funds

 

3.5.3 Contract with PHd Architects in the amount of $31,700 for the structural analysis and engineering and design services required for the repair/replacement of the exterior bleacher systems at Clayton Valley High School.  Funding Source:  Williams Emergency Project Reimbursement Funds

 

3.6        Intermediate Change Orders

            3.6.1 Intermediate Change Order to Bid 1442, Contract C-850 Taber Construction, Inc., in the amount of $469,563.08, for the modernization and new classrooms at Strandwood Elementary School, Diablo View Middle School, Loma Vista Adult Center, and Willow Creek Center.  Funding Source:  Measure C

 

            3.6.2 Intermediate Change Order to Bid 1446, Contract C-855, Bell Products, Inc. in the amount of $235,000 for the removal of existing mechanical systems and the installation 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

 

3.7        Change Order to Bid 1474, Contract C-862, Harry L. Murphy, Inc.

            Change order to Bid 1474, Contract C-862, Harry L. Murphy, Inc. in the amount of $30,150 for flooring improvements at Holbrook, Meadow Homes, and Mountain View elementary schools; Foothill and Riverview middle schools; Mt. Diablo and Ygnacio Valley high schools; and Loma Vista Adult Center.  Funding Source:  Deferred Maintenance Fund

 

3.8        Final Change Orders

            3.8.1 Final Change Order to Bid 1444, Contract C-851, Taber Construction, Inc. in the amount of $37,444 for the removal of existing mechanical systems and provision of new heating, ventilating, and air conditioning systems at Mt. Diablo and College Park high schools; and Cambridge Elementary School.  Funding Source:  Proposition 55 funds

 

3.8.2 Final Change Order to Bid 1457, Contract C-854, Robert A. Bothman, Inc. in the amount of $28,793.39 for quad landscape renovations at Mt. Diablo High School.  Funding Source:  Proposition 55 funds

3.8.3 Final Change Order to Bid 1464, Contract C-857, H.Y. Floor and Gameline Painting, Inc. in the amount of $8,630 for gymnasium floor and bleacher system replacement at Riverview Middle School.  Funding Source:  Deferred Maintenance Fund

 

3.9        Notices of Completion

3.9.1 Notice of Completion to Contract C-851, Bid 1444 to Taber Construction, Inc. in the amount of $7,272,844 for the removal of existing mechanical systems and installation of new heating, ventilation, and air conditioning systems at Cambridge Elementary, and College Park and Mt. Diablo high schools.  Funding Source:  Proposition 55 funds

 

3.9.2 Notice of Completion to Contract C-854, Bid 1457, Robert A. Bothman, Inc. in the amount of $509,112.39 for the quad renovations at Mt. Diablo High School.  Funding Source:  Proposition 55 funds

 

3.9.3 Notice of Completion to Contract C-857, Bid 1464, H.Y. Floor and Gameline Painting, Inc. in the amount of $275,854 for the gym floor and bleacher replacement at Riverview Middle School.  Funding Source:  Deferred Maintenance

 

3.9.4 Notice of Completion to Contract C-862, Bid 1474, Harry L. Murphy, Inc. in the amount of $179,150 for flooring improvements 2007 at Holbrook, Meadow Homes, and Mountain View elementary schools; Foothill and Riverview middle schools; Mt. Diablo and Ygnacio Valley high schools; and Loma Vista Adult Center.  Funding Source:  Deferred Maintenance

 

            3.10      Notice of Completion

On January 17, 2006, the Board of Education approved an agreement with the College Park High School Athletic Boosters for the installation of a synthetic turf field.  Section 16 of that agreement requires that the Notice of Completion shall be accepted by the District’s Board of Education after completion of the project.  Funding Source:  Proposition 55 - $500,000; CPHS Boosters - $278,000

 

            3.11      Contracts between Mt. Diablo Unified School District and Non Public Agencies (NPA) for the                       2007-2008 School Year

Non-public agencies assist the District in assuring compliance with all applicable and state law and regulations.  Fiscal Impact:  $241,000  Funding Source:  General Purpose/Special Education

 

            3.12      Contracts between Mt. Diablo Unified School District and Independent Contractors for the                2007-2008 School Year

Contractors assist the District in assuring compliance with all applicable federal and state law and regulations.  Fiscal Impact:  $310,000  Funding Source:  General Purpose/Special Education

 

            3.13      Resolution 07/08-40 Mt. Diablo Unified School District Terminating the California Public Entity                      Insurance Authority (CPEIA) Joint Powers Agreement

The California State Association of Counties (CSAC) Excess Insurance Authority (EIA) and CPEIA have merged into one organization, the EIA, and there is no need for the CPEIA to continue to exist. The CPEIA will be officially terminated upon approval by three-fourths of the CPEIA members.  With 134 CPEIA members, approval is needed by 101 governing boards to effect the termination.

 

3.14      Acceptance of Quitclaim Deed from the United States Department of Energy

Public record shows the Mt. Diablo Unified School District is the fee owner on parcel no. 113-052-003 encumbered by an easement.  In order to record the quitclaim deed affecting this parcel, the District must provide acceptance.

 

4.         RECOGNITIONS

            4.1        Mt. Diablo Wraparound and Counseling Clinic

 

 

 

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

            8.1        Summer Intervention Program

 

9.         SUPERINTENDENT'S REPORT

 

10.        BUSINESS

 

Public Hearing   10.1      Public Hearing and Recommendation on Possible Budget Reductions

& Action            Four years ago the Board of Education was forced to reduce expenditures to balance the budget as well as free up money to provide increased compensation for all of our employees. 

It is necessary to do budget reductions again.  To prepare for budget reductions senior staff members have had a number of input meetings in the District.

 

                        Recommendation

                        Hold public hearing and approve budget reductions.

 

Action   10.2      Professional Services Agreement – Legal Counsel

One of the District’s law firms, Lozano Smith, has submitted an agreement for professional services.  Fiscal Impact:  Not to exceed $50,000 annually.  Funding Source:  General Fund/Measure C

 

Recommendation

                        Approve as presented.

 

Action   10.3      Legal Bill Auditing Service Agreement – LexTech, Inc.

In 2005 staff entered into a trial arrangement with LexTech, Inc.  Based on the quality of service and savings realized, staff recommends formalizing the agreement to a new flat fee of 3% of gross billings.  Fiscal Impact:  Estimated $30,000 expenditure resulting in an estimated $155,000 savings.  Funding Source:  General Fund

 

Recommendation

Approve as presented.

 

Information        10.4      Consider Review and Update of Job Description for Chief Financial Officer

The job description for Chief Financial Officer was approved by the Board of Education on May 10, 2005.  Changes have been made to the job duties since that time.  It is necessary to update the job description to reflect changes that have been made.

 

                        Recommendation

                        This is being presented as information and will be returned for action.

 

     Action          10.5      Williams Quarterly Summary Report – October 2007

Quarterly reports reflect complaints regarding textbooks and instructional materials, teacher vacancy or misassignments, and facilities conditions.  This quarter’s report includes the months of August, September, and October 2007.

 

                        Recommendation

                        Ratify the quarterly report on Williams Uniform Complaints.

 

Action   10.6      Report on Williams Lawsuit Schools

Education Code 1240(c)(2)(B) requires that schools identified in the Williams Settlement in each county be visited within the first four weeks of school, that noted areas be reviewed, and that a report be submitted to the governing board for inclusion at a regularly scheduled November board meeting.

 

                        Recommendation

Accept report from County Superintendent of Schools.

 

Action   10.7      Resolution 07/08-44 Authorizing Emergency Contracts for the Demolition of Interim                                     Classrooms at Olympic High School

Resolution authorizing the District to conduct the demolition of the existing building during the winter break to install utilities for the interim housing units to accommodate the movement of students and programs.  Fiscal Impact:  Costs not to exceed $500,000  Funding Source:  Proposition 55 funds (may eliminate installation of air conditioning at one or more currently identified schools).

 

                        Recommendation

                        Adopt resolution as presented.

 

Action   10.8      Modification to Agenda Calendar

A request has been made to change the November 27 Board meeting to Monday, November 26.

 

                        Recommendation

                        Approve as presented.

 

Action   10.9      Community Advisory Committee – Renewal of Membership

The Community Advisory Committee voted at the meeting of November 5, 2007 to recommend that the Board renew membership for the following persons:

 

                                    Russ Cohen (parent)

                                    Sherry Doyle (parent)

                                    Susan Dupuis (parent)

 

                        Recommendation

Accept the renewal of membership for the Community Advisory Committee (CAC) as presented.

 

Action   10.10    Membership Recommendation for the Community Advisory Committee

The Community Advisory Committee is recommending one (1) new member for consideration by the Board of Education – Gina Hale.

 

                        Recommendation

                        Approve as presented.

 

11.        ADJOURNMENT

 

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


 

 

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 (pending board approval)                  November  26  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 Oversight Committee                                           December   6   7:00 p.m.

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

 

 


JANUARY 2008

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

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

Parent Advisory Committee                                                    January       9   7:00 p.m.

Safe and Drug Free Schools Task Force                              January     24   3:30 p.m.

 

 

 

 

 

Note:  This is being provided for information only.

Please call 682-8000 ext. 4000 to confirm meeting dates, times and locations.