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MT. DIABLO UNIFIED BOARD OF EDUCATION AGENDA Tuesday, November 13, 2007 Closed Session Regular Session |
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 |
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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):
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**
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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(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
–
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
This agreement is to provide supervised fieldwork experience
for graduate students in the School Administration Program in the
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
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
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
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
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
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
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
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
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
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
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
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
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
4. RECOGNITIONS
4.1
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 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
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.
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NOVEMBER 2007 |
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Community
Advisory Committee November 5 7:00 p.m. |
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Parent
Advisory Council November 7
7:00 p.m. |
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Regular Board
Meeting November 13
7:30 p.m. |
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Safe and
Drug Free Schools Task Force November 15
9:30 a.m. |
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Regular
Board Meeting (pending board approval) November 26
7:30 p.m. |
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DECEMBER 2007 |
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Community Advisory Committee December 3
7:00 p.m. |
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Parent Advisory Council December 5
7:00 p.m. |
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Measure C Oversight Committee December 6
7:00 p.m. |
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Regular Board Meeting December
11 7:30 p.m. |
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JANUARY 2008 |
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Community Advisory Committee January 7
7:00 p.m. |
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Regular Board Meeting January 8
7:30 p.m. |
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Parent Advisory Committee January 9
7:00 p.m. |
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Safe and Drug Free Schools Task Force January 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.