MT. DIABLO UNIFIED
BOARD
MEETING –
ATTENDANCE: Board:
Administrative Staff: Superintendent
The meeting was called to order by President Mayo at
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned
to Closed Session at
Readmissions
Allen moved, Treece seconded, and the Board voted 4-0-0 to
approve staff’s recommendation to readmit 11 students and deny readmission to
20 who had not met the conditions.
Existing Litigation:
Allen moved, Treece seconded, and the Board voted 4-0-0
provide direction to staff in the case of
Public Employee
Discipline/Dismissal/Release/Complaint
Eberhart moved, Treece moved and the Board voted 4-0-0 to
release certificated employee #22697 from a temporary contract, effective
RECONVENE OPEN SESSION: The Board returned
to Open Session at
Expulsions:
Student
27-06: Allen moved, Treece seconded, and
the Board voted 4-0-0 that Student 27-06 be expelled from all schools and
programs of the
Student
28-06: Eberhart moved, Allen seconded,
and the Board voted 4-0-0 that Student 28-06 be expelled from all schools and
programs of the
Student
29-06: Treece moved, Eberhart seconded,
and the Board voted 4-0-0 that Student 29-06 be expelled from all schools and
programs of the
Student
30-06: Allen moved, Treece seconded, and
the Board voted 4-0-0 that Student 30-06 be expelled from all schools and
programs of the
Student
31-06: Treece moved, Eberhart seconded,
and the Board voted 4-0-0 that Student 31-06 be expelled from all schools and
programs of the
Student
32-06: Eberhart moved, Allen seconded,
and the Board voted 4-0-0 that Student 32-06 be expelled from all schools and
programs of the
Student
33-06: Allen moved, Treece seconded, and
the Board voted 4-0-0 that Student 33-06 be expelled from all schools and
programs of the
Student
34-06: Allen moved, Eberhart seconded,
and the Board voted 4-0-0 that Student 34-06 be expelled from all schools and
programs of the
Student
35-06: Eberhart moved, Allen seconded,
and the Board voted 4-0-0 that Student 35-06 be expelled from all schools and
programs of the
Student
36-06: Treece moved, Allen seconded, and
the Board voted 4-0-0 that Student 36-06 be expelled from all schools and
programs of the
Tribute to
2. FILLING OF VACANCY –
BOARD OF EDUCATION
2.1.1 Election of Vice President February 2006 –
December 2006
Allen moved, Treece seconded, and the Board voted 4-0-0 to elect
2.1.2 Establish Process for Filling Vacancy on
the Board
Noting that
Public comment
Gloria Magleby, member of the Bay Point Municipal Advisory Committee and
the Ambrose Recreation and Park District Board, said she would like to see the
vacancy filled by a member of the Bay Point community. Chris Stieger-Maguire,
Board comment
Eberhart said the timing and the cost do not support the election
option. He pointed out that the rules dictate that candidates be interviewed in
a public meeting. Allen said the cost of an election is a factor not only for
the District but also for individuals who run for the seat. He pointed out that
the Board could fill the vacancy as early as March using the appointment
option. Treece agreed with her fellow Board members, adding that the election
option would require an individual to run two campaigns in one year, one now
and another in the fall.
Board action
Allen moved, Treece seconded, and the Board voted 4-0-0 that the Board
make a provisional appointment to fill the vacant position and that the Board
president set up a process for the appointment.
Followup
McHenry explained that the appointment process is laid out in California
Ed. Code. Staff will post notices this week that the vacancy exists and put an
ad in the local paper. Board members set aside three dates as possibilities for
the candidate interviews: Saturday, March 18 and 25,
3. CONSENT AGENDA
After pulling item 3.8 at Treece’s request, Eberhart moved,
Allen seconded, and the Board voted 4-0-0 to adopt the Consent Agenda, thereby
approving the following:
3.1 Minutes
of the meetings of January 17 and
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Resolution 05/06-41 Variable
Term Waiver Requests
Variable term waivers provide applicants with additional
time to complete 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 Resolution 05/06-42 Education
Code 44258.3 Board Authorization
Under Ed. Code 44258.3, holders of any
3.2.4 Resolution 05/06-48 Education
Code 44263 – Board Authorization
Under Ed. Code 44263, holders of any
3.2.5 Mt. Diablo Education
Association (MDEA) Post-Retirement Contracts for 2005-06
The post-retirement committee met on
3.2.6 Recommendation for Preliminary
Single Subject Math Teaching Credential for Joshua Jones
Recommended that Joshua Jones, who has now completed a
two-year district intern program, apply for his preliminary teaching credential
pursuant to California Education Code Section 44328.
3.2.7 Recommendation for Preliminary
Single Subject Teaching Credential for Miguel Romo
Recommended that Miguel Romo, who has completed a district
intern credentialing program, apply for his preliminary teaching credential.
3.2.8 School Administration Fieldwork Agreement with
Approved agreement to provide supervised fieldwork
experience for graduate students as interns in the School Administration
Program in the
3.2.9 Internship Contract Agreement
with the
In order for a teacher to participate in an internship
program, there must be an agreement or memorandum of understanding on file
between the District and the institution providing the internship program.
3.2.10 Multiple Subject, Single Subject and Special
Education Credential Internship Agreement with
In order for a teacher to participate in an internship
program, there must be an agreement or memorandum of understanding on file
between the District and the institution providing the internship program.
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Reduction in Hours of a Site Technology Support
Technician II at Hidden
Reduced from 10 to 7.75 hours/week an existing 10-month/year
Site Technology Support Technician II at
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of December
2005
3.5 Resolution
05/06-49 Certification for Carryover of Unmatched District Deferred Maintenance
Deposits
Adopted Resolution 05/06-49, applying a surplus contribution
of $60,462 to the Deferred Maintenance Program in 2004-05 to the 2005-06
contribution requirement of $1,454,930. Fiscal Impact: $60,462 carryover to Deferred Maintenance
Program. Funding Source: Deferred
Maintenance
3.6 School
Breakfast Program Grant Application
Approved request from Food and Nutrition Services to apply
for a grant to purchase kitchen supplies and equipment to expand the breakfast
programs at Bel Air,
3.7 Intermediate
Change Order No. 4 – Bid 1306, Contract 763
Approved Intermediate Change Order No. 4 – Bid 1305,
Contract 763, to Sierra Bay Contractors, Inc. in the amount of $49,105.81 for
new classrooms and modernization at
3.8 Final
Change Orders—See Separate Action, below
3.9 Notices
of Completion
3.9.1 Notice of Completion to Contract C-780, Bid 1338 to Sierra Bay Contractors, Inc, in
the amount of $3,555,293.50, for new classrooms and modernization work at
3.9.2 Notice of Completion to Contract C-798, Bid 1359 to Albay Construction Company in the
amount of $316,772.25, for the new snack shack building at Mt. Diablo High
School. Funding Source: Fire Insurance
Fund
3.9.3 Notice of Completion to Contract C-803, Bid 1366 to RMT Landscape Contractors, Inc.
in the amount of $296,642.39, for landscape improvements at
3.9.4 Notice of Completion to Contract C-813, Bid 1380 to Hung Construction in the amount
of $792,945, for the office remodel at
3.10 Award
of Contract for Professional Testing and Inspection Services for Measure C
Program, Group IV Schools
Awarded contract not to exceed $176,386.96 to Consolidated
Engineering Laboratories for testing and inspection services for the Group IV
schools. Consolidated Engineering conducted inspection and materials testing
services for the Group II and III schools as well. Funding Source: Measure C
3.11 Contract
for Architectural/Engineering Services for Kitchen Renovations at
Awarded contract not to exceed $21,000 plus $5,000 in
reimbursables to PHD Architects for architectural/engineering comprehensive
design services related to kitchen renovations at
3.12 Contract
for Architectural/Engineering Services for the Renovations to
Awarded contract not to exceed $53,440 including $8,000 in
reimbursables to PHD Architects for architectural /engineering services for
renovations at
3.13 Adult
Education Workability II Application 2006-07
Approved renewal of Mt. Diablo Adult Education’s $84,769
contract with the Department of Rehabilitation to continue the WorkAbility
Program. There is no impact to the General Fund. Adult Education will provide
$24,680 as a cash match through the existing budget. Funding Source: Department of Rehabilitation Contract
SEPARATE ACTION
3.8 Final
Change Orders
Board comment/action In regard to Item
3.8.3, Treece expressed concern about the reference to “delete planned
renovations at
3.8.1 Bid 1338 – Contract C-780
Final change order to Bid 1338, Contract C-780 to Sierra Bay
Contractors, Inc. in the amount of $63,378.50 for new classrooms and
modernization, increment II, at
3.8.2 Bid 1359 – Contract C-798
Final change order to Bid 1359, Contract C-798 to Albay
Construction Company in the amount of $18,772.25 for new snack shack at
3.8.3 Bid 1366 – Contract C-803
Final change order to Bid 1366, Contract C-803 to RMT
Landscape Contractors in the amount of $24,474.68 for landscape restoration at
3.8.4 Bid 1380 – Contract C-813
Final change order to Bid 1380, Contract C-813 to Hung
Construction in the amount of $3,945 for
4. RECOGNITIONS
None, though McHenry announced that
the College Park and Mt. Diablo high school wrestling teams have won the North
Coast Section championships. They will be invited to a future Board meeting to
be recognized for their achievement.
5. PUBLIC
COMMENT
Jon Ferrante, parent, described his recent experience
working under student direction at Mt. Diablo High’s Serendipity Restaurant. He
said the students had a “refreshing” attitude towards school and credited
teacher Judy Moon and her two assistants for their great work. AJ Fardella, Bay
Point resident, urged the Board to fill the vacant Board seat “with someone as
independent-minded as
6. COMMUNICATIONS
6.1 Organizations Mike Noce, MDEA president, expressed
appreciation for
7. REPORTS/INFORMATION
7.1 Measure C Oversight Committee
AJ Fardella, member of the Measure C Oversight Committee,
which serves as an advisor to the Board and the public in regard to projects
funded by the $250 million bond measure, provided an update on the committee’s
purpose, structure, membership, and activities. Two issues the committee dealt
with this past year were 1) coping with escalating construction costs caused by
changes in Department of State Architect regulations and, more dramatically, by
China’s need for steel; and 2) examining the concept of Project Labor
Agreements, which the District will pilot test on a project not funded by
Measure C. Mayo thanked Fardella for the report and acknowledged the hard work
of the committee members.
7.2 Report on Plan for Address Overcrowding at
Board/Staff comment Eberhart questioned
why the audit in March is being conducted only at
Public comment Stewart Rine,
parent, thanked Board for not making any changes to the “grey area” in
8.
SUPERINTENDENT'S REPORT
McHenry announced that an Education
Summit organized jointly by District staff and the LULAC organization will be
held on Saturday, February 18 and that the Board will hold a special meeting on
the subject of student discipline on February 21. He acknowledged that the
District will continue to have budget challenges. He has been checking with
constituent groups on their expectations if the District does get additional
revenue. Most do expect that some programs and positions that were cut as part
of the budget reduction process will be restored. He said the Board and
Administration will have to address those expectations at some point.
9. BUSINESS
9.1 Resolution 05/06-39 African American History Month
Eberhart moved, Treece seconded, and
the Board voted 4-0-0 to adopt Resolution 05/06-39, supporting the California
Department of Education’s designation of February 2006 as African American
History Month and recognizing the many contributions made by African Americans
to the American heritage.
9.2 Resolution
05/06-40 Appreciation of the Black Families Association of
Allen moved, Treece seconded, and the
Board voted 4-0-0 to adopt Resolution 05/06-40, recognizing the Black
Families Association of Contra Costa County for more than 30 years of service
to the community. Allen announced that the Black Families Association will hold
its annual Scholarship Dinner on Saturday, February 25.
9.3 Contract
Extensions for the Associate Superintendent and Assistant
Superintendents—PULLED
9.4 School Assistance and Intervention Monitoring Report for
Allen moved, Treece seconded, and the
Board voted 4-0-0 to accept the Corrective Action Plans for Oak Grove Middle
and Ygnacio Valley High prior to the plans’ submittal to the state Department
of Education. The two schools are designated as state-monitored schools based
on their Academic Performance Index (API) under the Immediate
Intervention/Underperforming School Program (II/USP). Both schools contracted
with WestEd, a state-approved provider, to serve as the School Assistance and
Intervention Team (SAIT) to help develop the plan and monitor progress in
implementing its recommendations. Fiscal Impact: Local district match may include dedication
of General and/or Categorical funds. Funding Source: State and Federal fund will be provided ($150
per pupil annually for up to three years).
Board comment
In response to Eberhart, McHenry said the “district contribution” is in
the form of staff time, paid for with the $150 per student the schools receive
in II/USP funds. To date, no General Fund money has been allocated as a result
of the SAIT involvement.
9.5 Intent
to Dedicate Easements
Resolution 05/06-43 – Hidden
Resolution 05/06-44 –
Resolution 05/06-45 –
Resolution 05/06-46 –
Resolution 05/06-47 –
Eberhart moved, Treece seconded, and
the Board voted 4-0-0 to adopt Resolutions 05/06-43 to 47, each an intent to
dedicate an easement at one of five schools: Hidden Valley, Holbrook,
9.6 Award
of Bid 1398
Treece moved, Allen seconded, and the Board voted 4-0-0 to
award Bid 1398 to Taber Construction, Inc., for the total amount of $14,623,500
to provide new classrooms and renovations at Bancroft, Valle Verde, Walnut
Acres, and Woodside elementary schools. Funding Source: Measure C
9.7 Proposal to Prepare
Allen moved, Treece seconded, and the
Board voted 4-0-0 to approve an agreement with Mills Associates to prepare
California Environmental Quality Act (CEQA) documentation for an environmental
study on the impact of extending the time the field lights may be illuminated
at Clayton Valley High. At its
Public comment
Matt Hill, parent of a Clayton Valley High student athlete, submitted a
petition to extend until
Board comment
In response to Mayo, Nicoll said the current agreement allows the field
to be lit until 10 p.m. for a maximum of 17 nights; the request would increase
the number of nights the field is lit to 117; however, they would not be as
heavily used as for a football game, and the lights would go off at 8 rather
than 10 p.m. In response to Treece, Nicoll confirmed that the Board is being
asked at this time to approve the study, not the additional time.
9.8 Quarterly
Report on Williams Uniform Complaints
Treece moved, Eberhart seconded, and
the Board voted 4-0-0 to ratify the January 2006 quarterly report on complaints
filed under the Williams Settlement. Those complaints regard textbooks and
instructional materials, teacher vacancy or misassignments, and facilities conditions.
This quarter’s report includes the months of November, December 2005, and
January 2006.
9.9 Recommendation to Assign the Crystyl Ranch Development
to the
Treece moved, Eberhart seconded, and
the Board voted 4-0-0 to assign the Crystyl Ranch residential development to
the
Staff report
McHenry reported that a modest, districtwide reduction in high school
enrollment is expected over the next few years. This trend would result in
sufficient capacity at
Public comment
Bill Swanson of Woodlands Association, expressed concern that the Board
decided to curtail a larger study of high school enrollment and is now
considering just the Crystyl Ranch impact on Northgate. Also, with the Naval
Weapons Station property becoming available for development, he asked if the
District is considering a broader look at enrollment and capacity districtwide.
Steve Bachofer, community member, expressed concern that the Board may not be
allowing itself enough flexibility for future changes if it makes this addition
to the Northgate attendance area permanent.
Board comment
Eberhart pointed out that Board members and District staff have been
attending meetings about the potential future use of the Concord Naval Weapons
Station. Although there is a need to keep the site on the District’s radar
screen, development there is at least 10 years away, he said. He explained that
the initial plan for the high school enrollment study was to address
overcrowding at
9.10 Consider
Modification to Administrative Rule 6146.1, High School Graduation Requirements
Eberhart moved, Treece seconded, and the Board voted 4-0-0
to adopt Revised Board Policy and Administrative Rule 6146.1, adding permission
for students who have completed enough units for graduation but have not passed
the California High School Exit Exam to participate in the graduation ceremony.
Presented as information at the meeting of
9.11 AR
5111.1 – District Residency
Administrative Rule 5111.1 is being revised to reflect the
changes of the documents that may be offered as proof of student residency.
This modification is necessary to implement the District’s residency
verification process. Presented as information only at this time, the item will
be returned for action at a subsequent meeting.
9.12
10. BOARD REPORTS
Eberhart reported that he visited
Mayo announced that the Alameda County School Boards
Association will discuss Prop 82, the “Preschool for All” initiative, at a
public meeting next week. She was pleased to see about 450 people attend the District’s
annual Parent Conference, held on February 4. She thanked the Mt. Diablo Adult
Education staff for organizing the event.
McHenry responded to Eberhart’s comment regarding budget
priorities. He explained that in the budget reduction process over the past
three years, he and the Board told the public that staff would return to hear
about the impact of the cuts on programs and positions. He stressed that he is
sharing the Board’s criteria with constituent groups, but said he is finding
that parents, students, and individual employees are expecting the Board to
look at restoring programs that were reduced. People are coming to him
unsolicited with their concerns.
11. ADJOURNMENT Mayo adjourned the
meeting at