MT. DIABLO UNIFIED
BOARD
MEETING –
ATTENDANCE: Board:
Administrative Staff: Superintendent
President Mayo called the meeting to
order at
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned to Closed Session at
Existing Litigation:
Allen moved, Treece seconded, and the Board voted 4-0-0
approve a settlement agreement in the case of
Conference with Real Property
Negotiator:
Allen moved, Treece seconded, and the Board voted 3-0-1
(Mayo, abstain) to approve an agreement in concept with the Oak Park Christian
Center, directing staff to include language
in the document specifying the project dimensions and number of parking
spaces.
Public Employee
Discipline/Dismissal/Release/Complaint
Eberhart moved, Allen seconded and the Board voted 4-0-0 to
non-reelect Probationary II certificated employee #21716.
Treece moved, Eberhart seconded, and the Board voted 4-0-0
to approve the reassignment of certificated administrator #23222.
After hearing an appeal from the complainant the Board voted
4-0-0 to support staff’s conclusions in regard to a uniform complaint filed on
2. RECONVENE OPEN SESSION: The Board returned
to Open Session in the Board Room at
Expulsions:
Student
40/06: Allen moved, Treece seconded, and
the Board voted 4-0-0 that Student 40-06 be expelled from all schools and
programs of the
Student
41-06: Treece moved, Eberhart seconded,
and the Board voted 4-0-0 that Student 41-06 be expelled from all schools and
programs of the
Student
42-06: Eberhart moved, Allen seconded,
and the Board voted 4-0-0 that Student 42-06 be expelled from all schools and
programs of the MDUDS and that Student 42-06 may apply for readmission after
Student
43-06: Allen moved, Treece seconded, and
the Board voted 4-00 that Student 43-06 be expelled from all schools and
programs of the
Student
44-06: Treece moved, Eberhart seconded,
and the Board voted 4-0-0 that Student 44-06 be expelled from all schools and
programs of the
Student
45-06: Eberhart moved, Allen seconded,
and the Board voted 4-0-0 that Student 45-06 be expelled from all schools and
programs of the MDUDS and that student 45-06 may apply for readmission after
Student
46-06: Treece moved, Eberhart seconded,
and the Board voted 4-0-0 that Student 46-06 be expelled from all schools and
programs of the
Student
47-06: Allen moved, Treece seconded, and
the Board voted 4-0-0 that Student 47-06 be expelled from all schools and
programs of the
Student
48-06: Eberhart moved, Allen seconded,
and the Board voted 4-0-0 that Student 48-06 be expelled from all schools and
programs of the
3. CONSENT AGENDA
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 meeting of February 28 and
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Addition of Full-time Equivalent
Position (FTE) for the 2005-06 School Year
Added a .10 FTE Language Arts intervention instructor at
Meadow Homes Elementary, increasing the expenditure budget of Categorical Funds
by $8,488 in 2005-06. Funding Source:
School Improvement Program (SIP) funds.
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Increase in Hours for Two (2)
Part-time Assistant to the Hearing Impaired Positions
Increased one Assistant to the Hearing Impaired position at
Concord High from 30 to 33 hours/week and another from 30 to 32.5 hours/week.
There is no impact to the General Fund. For the first position, the increased
cost in fiscal year 2005-06 of $1,407 and full-year cost of $2,733 are funded
by the
3.4 Final
Change Orders
3.4.1 Contract C-760, Bid 1305,
Sierra Bay Contractors, Inc.
Final change order in the amount of $103,551.08 to Sierra
Bay Contractors, Inc. for the new classrooms and modernization at
3.4.2 Contract C-763, Bid 1306,
Sierra Bay Contractors, Inc.
Final change order in the amount of $518,768.32 to Sierra
Bay Contractors, Inc. for the new classrooms and modernization at
3.4.3 Contract C-767, Bid 1315,
Sierra Bay Contractors, Inc.
Final change order in the amount of $85,000 to Sierra Bay
Contractors, Inc. for the site development for the
3.5 Notices
of Completion
3.5.1 Contract C-763, Bid 1306
Notice of completion to C-763, Bid 1306, to Sierra Bay
Contractors, Inc. in the amount of $10,483,681.03 for modernization and new
classrooms at
3.5.2 Contract C-814, Bid 1386
Notice of completion to C-814, Bid 1386, to Biland Construction
Company in the amount of $123,600 for electrical improvements at
3.6 Award
of Contract for Architectural/Engineering Services for the Replacement of
Window Systems at
Awarded contract not to exceed $26,206.17 to PHD Architects
for comprehensive design services to replace windows at Valhalla Elementary.
Funding Source: Deferred Maintenance
3.7 Award
of Inspector of Record (Project Inspectors) Contracts for Group IV Measure C
Modernization Projects
Awarded the
contracts listed below for Inspector of Record for the Group IV Measure C
modernization projects. Fiscal Impact:
Total cost not to exceed $530,000
Funding Source: Measure C.
|
Nathan
Valech |
Not to
exceed $150,000 |
|
|
Cliff
Hammond Construction Inspection |
Not to
exceed $140,000 |
Walnut
Acres, Woodside, Valle Verde, and Bancroft elementary schools |
|
Paul
Lucido |
Not to
exceed $140,000 |
|
|
Matthew
Kelly |
Not to
exceed $100,000 |
|
4. RECOGNITIONS Mayo announced that
the MDUSD Board of Education was recognized by the California Department of
Education and the California Middle Grades Alliance at a luncheon last week.
Nominated by middle school principals, the Board was cited for “its leadership
in providing time, resources, and opportunities for professional development to
their District’s middle-level schools, administrators, teachers, and students.”
Mayo said it was “a privilege to be recognized.”
5. PUBLIC COMMENT
Carla Ludwig, president of Mt. Diablo PACE, which along with
Save the 4th raised money to fund 2.4 FTE teachers for the 4th
grade music program this year, said music education continues to be a priority
for her group and other parents. She urged Board members to evaluate the impact
of previous budget cuts before allocating any new revenues the District
receives. Leslie Asera, community relations manager for City of
6. COMMUNICATIONS
6.1 Organizations
Mike Noce, MDEA president, congratulated
7. REPORTS/INFORMATION
Cost of Installing
Air Conditioning at School Sites
Pete Pedersen, director of
maintenance and operations, provided updated cost information for HVAC assessments
he had presented to the Board in October 2004 and May 2005. He said it is
critical for the Board to have new information if it is to make decisions.
Components of 2004 Assessment:
•
Conducted comprehensive inventory and assessment of
all site Heating, Ventilating and Air Conditioning (HVAC) systems (excluding
•
Based on assessment findings, CEC provided
quantitative/qualitative analysis and evaluation for various HVAC options
(including cost modeling and 25-year Life Cycle analysis).
•
Proposed recommendations for most appropriate and
economically sustainable HVAC system/replacement strategy for MDUSD.
o
Option #1: Rooftop Gas/Electric AC Units
o
Option #2: Gas Furnace/
•
Identified projected operational (energy and
maintenance) costs.
Updated cost information
•
2004:
Cost of installing AC in all classrooms, administrative areas, multi-use rooms,
gyms and locker rooms was $99.7 million. Operating costs at project completion
in 2009 would be $476,193 for maintenance and $427,350 for operating for school
year, daytime use.
•
2006:
Costs for those factors as computed by Capital Engineering would be 27.5%
higher for raw construction, 10% for contingency, 25% for soft costs, with a
10% per year escalator. The total is $167.5 million for installation with
project completion in 2010. Maintenance would still be $476,193 but operations
would be $636,868.
•
Use
of state construction bond funding (Proposition 55)
o
By
leveraging Measure C projects, the District has received $75,666,275 from
Proposition 55 to date and could receive up to $100,535,198 when Groups 4 and 5
are completed.
•
Prop 55 funds allocated to date
•
$19 million for high priority projects (e.g.
bleachers, fields, tracks, tennis courts at the high schools; Oak Grove office
remodel; Olympic/Willow Pass expansion; Northgate High School Theater
renovation)
•
$17 million for cost escalation in Measure C
projects
•
Potential Fund Balance of $64,535,198 available for
projects
Pedersen presented five scenarios for funding air
conditioning projects in various stages: 1) sites eligible for state funding;
2) sites by geographical location; 3) elementary classrooms only; 4) school
administrative areas only; 5) elementary classrooms and administrative areas.
The cost of every option exceeded the funding available.
Board comment At Mayo’s request, Pedersen provided
more detailed information about the costs analyses, noting that there are
countless variables depending on the time individual projects are undertaken.
He said much boiler and plumbing replacement work in the District has been put
on hold while the feasibility of installing new systems is being considered. He
assured the Board that necessary work is definitely being done. Mayo said she
sees the Board facing three decisions: 1) How we approach the District’s
continued use of an aging boiler system? 2) How do we roll out new heating and
ventilation systems? 3) Do we want to add air conditioning to heating and
ventilation systems? She would like to see costs for heating and ventilation
and also for heating, ventilation, and air conditioning. In response to
Eberhart, Pedersen said contingencies, such as the need to strengthen roofs,
have been built into the raw construction costs. In response to Mayo, Pedersen
said the study did not consider the costs of leasing an HVAC system.
8.
SUPERINTENDENT'S REPORT
McHenry reported that although
contract negotiations have been completed, he plans to talk to all the employee
bargaining units about the additional revenue the District will receive in
2006-07. Noting that staff is starting the budget development process for next
year, he announced that he would like the Board to hold a public hearing on the
impact of budget reductions at its next meeting. Next week he and senior staff
will visit school sites throughout the District to hear how employees have been
affected by the reductions. He is preparing to make recommendations for
allocating additional revenues. In regard to air conditioning, he said there is
not sufficient funding to implement it districtwide, so he will try to come up
with criteria for selecting some sites and for generating additional revenue to
fund it.
9. BUSINESS
9.1 Audit
Report – Fiscal Year 2004-05
Treece moved, Eberhart seconded, and the Board voted 4-0-0
to accept the 2004-05 audit report, which was presented to Board members at the
9.2 2005-06
Second Interim Report
General Fund
o
Revenue
assumptions: Key factors
•
Declining
Enrollment
•
Average
Daily Attendance (
05-06—34,522
06-07—34,310
07-08—33,984
•
Cost
of Living Adjustments (COLA)
05-06—4.23%
06-07—5.18%
07-08—3.40%
•
Deficit
Factors
05-06—0.9918
06-07—0.99701
07-08—0.99701
•
Federal,
State and Local Revenues
Revenue Limit Sources increased by $313,516
Federal Revenue increased by $437,383
State Revenue increased by $1,432,191
o
Expenditures
•
Salaries
and benefits: increases to all employee bargaining units
•
Contributions
to Restricted Programs
Special Education $24,015,580
Transportation
1,980,792
Routine Repair & Maintenance Account 7,363,837
(Legally required for Prop 55 and
Deferred Maintenance)
Other Programs Contributions 1,023,710
Transfer to Buy Back from Block Grant (1,405,926)
Total Contributions $32,977,993
•
2005-06
Ending Balance: 11,339,764
•
Multi-year
Projections, Unrestricted Budget
|
|
2005-06 |
2006-07 |
2007-08 |
|
Beginning
Fund Balance 2005-06 |
11,473,780
|
11,339,764
|
13,159,568
|
|
|
|
|
|
|
Revenue Projections |
157,736,652 |
167,082,298 |
171,811,458 |
|
|
|
|
|
|
Expenditure Projections |
157,870,669 |
165,262,494 |
171,414,839 |
|
|
|
|
|
|
Excess (Deficit) of Revenue over Expenditures |
(134,017) |
1,819,804 |
396,619 |
Board comment
In response to Eberhart, McHenry said the Dependent Verification Audit
will be completed by April 1. The District will realize a savings of $500,000
to $1 million as a result of the audit. Allen said the Second Interim Report
was “excellent.”
Board action
Allen moved, Treece seconded, and the
Board voted 4-0-0 to approve the 2005-06 Second Interim Report as presented,
certifying that multi-year projections and the ending balance are positive.
9.3 School
Assistance and Intervention Monitoring Reports for
The School Assistance and Intervention Team (SAIT) is the
next level of the state accountability program for Immediate
Intervention/Underperforming School Program (II/USP).
Board action Treece moved, Allen
seconded, and the Board voted 4-0-0 to accept the SAIT reports for Oak Grove
Middle and Ygnacio Valley High.
9.4 Summer
School Administrative Position
Eberhart moved, Alan seconded, and
the Board voted 4-0-0 to appoint Absylom Sims as an elementary school summer
principal. Fiscal Impact: Positions are
paid for by the summer school budget.
9.5 Continuation
of Edusoft Student Information Software System Contract
Treece moved, Allen seconded, and the Board voted
Staff/Board comment McHenry said an
assessment system that disaggregates student data is needed for reports
required of schools that receive categorical funding. He pointed out that the
EduSoft program is financed through categorical funds and not from the General
Purpose fund. Treece voiced support for the use of data, particularly in
helping to close the achievement gap. Eberhart said he saw the EduSoft program
in use at Walnut Acres last week and sees its usefulness as a tool. He
questioned whether the system is available and being used to its greatest
extent across the District. In response to Eberhart, Director of Curriculum and
Instruction
9.6 Public Hearing and Resolution 05/06-58,
Adopt a School Facilities Needs Analysis (SFNA) and Level 2 School Facilities
Fees
Mayo
opened the public hearing at
Eberhart moved, Allen seconded, and the Board voted 4-0-0 to
adopt School Facilities and Level 2 School Facility Fees in the amount of $3.97
per square foot for residential construction pursuant to Government Code
Sections 65995.6 and 65995.6. The former rate was $3.92 per foot.
Nicoll introduced Alana Cunningham of Jack Shrader and
Associates, the firm that produced the study.
9.7 Award of
Bid 1400
Treece moved, Eberhart seconded, and the Board voted 4-0-0
to award Bid 1400 in the amount of $6,304,800 to NBC General Contractor
Corporation for new classrooms and renovations at
9.8 Award of
Bid 1403
Eberhart moved, Treece seconded, and the Board voted 4-0-0
to award Bid 1403 in the amount of $1,053,109 to B & B Grading and Paving,
Inc. for tennis court improvements at
9.9 BP
5131.63, AR 5131.63 and E 5131.63 – Anabolic Steroids
Eberhart moved, Allen seconded, and the Board voted 4-0-0 to
adopt revised Board policy, administrative rule, and exhibit 5131.63, “Anabolic
Steroids,” to comply with the new California Interscholastic Federation policy
on the use and abuse of steroids by student athletes. In response to Treece,
Director of Student Services Larry Jaurequi said staff used text taken from the
CSBA sample and made some changes to meet District needs. Presented as
information at the February 28 meeting, this item was returned for action at
this time.
Public comment Linda
Dortzbach-Hudlin, school bus driver, pointed out that the term “anabolic
steroid” is not specifically defined in the policy. She said students are
finding and using substances that act as steroids and she encouraged staff to
do more research into the issue.
9.10 Board
Policy 6178.1 - Work Experience Education
Allen moved, Treece seconded, and the Board voted 4-0-0 to
adopt revised Board Policy 6178.1, “Work Experience Education,” to reflect
current law. Presented as information at the February 28 meeting, this item was
returned for action at this time.
9.11 District
Plan Revision – Work Experience Education
Eberhart moved, Allen seconded, and the Board voted 4-0-0 to
approve the revised plan for Work Experience Education to reflect current law.
Presented as information at the February 28 meeting, this item was returned for
action at this time.
9.12 Clarification
of the Process to Fill the Vacant Board of Education Seat
On February 14 the Board of Education decided to use the
appointment process rather than conduct a special election to fill the vacant
seat on the Board. At this meeting, Board members continued to clarify the
process.
Staff/Board comment McHenry reported
that by yesterday’s deadline 20 individuals had submitted applications for the
vacant Board position. He recommended that the Board interview all the
candidates on Saturday, March 18, with followup interviews of a selected few on
Tuesday, March 21. He said staff will be calling each candidate with a specific
interview time and also following up with letters delineating the process.
Board action After discussing
and amending an initial motion made by Eberhart and seconded by Treece, the
Board voted 4-0-0 to hold the initial interviews on Saturday, March 18,
beginning at 9 a.m., with 15 minutes scheduled for each interview, 5 minutes
between interviews, and an hour for lunch, ending at 4:40 p.m., followed by the
selection of a maximum of five to move forward to subsequent interviews on Tuesday,
March 21.
Board comment Eberhart asked for
assurance that staff had verified that each candidate is a registered voter who
lives in the District. Mayo asked for Board members’ opinion on the inclusion
of a Public Comment period on the March 18 special meeting agenda. Treece said
she prefers the comment period be held at the end of the interviews. Mayo said
the total amount of time allocated for Public Comment will be 30 minutes.
Eberhart asked that time be allocated for organization representatives to
comment as well.
9.13 2006-2009
District Technology Plan
As a requirement to participate in the federal E-Rate
program and the Enhancing Education Through Technology (EETT) Formula grant and
to remain eligible to participate in federal and state discretionary grant
programs, the District is required to have a Board-adopted and state-approved
technology plan. Fiscal Impact: The
technology plan includes cost estimates for various strategies and activities
and identifies potential funding sources for them, but does not itself require
the expenditure of these amounts. Funding Source: Multiple funding sources, including the
General Fund. Presented as information only at this time, this item will be
returned for action at a subsequent meeting.
9.14 Adoption of Revised Grade Levels and
Prerequisites to the CABEL (Computer Assisted Business Education Lab) Course of
Study
Staff presented a proposal to change
the CABEL grade levels from 10-12 to 9-12 because many students enter the
course with few or no word processing skills. Presented as information only at
this time, this item will be returned for action at a subsequent meeting.
9.15 Board
Administrative Rule 6173 – Homeless Education
Staff have revised Administrative
Rule 6173, “Homeless Education,” to reflect current law. Presented as
information only at this time, this item will be returned for action at a
subsequent meeting.
10. BOARD REPORTS
Eberhart, noting that he is running for
Treece said she appreciated
Allen asked if the Board has received information on the
state library and preschool initiatives. He believes it is important for the
Board to be knowledgeable about both.
Mayo explained that she has been asking a lot of questions
about the HVAC system because the Board promised voters during the Measure C
campaign that air conditioning would be considered. She thanked Clint and
Marilyn Tubbs of
Staff: McHenry announced that the Administrator recognition reception will
take place tomorrow, March 15. Dick Nicoll announced that the District will
participate in a multi-casualty disaster drill on Wednesday, April 12. Seven
schools will be involved, with Concord High as the main site. Anyone interested
in observing the event may call him at the District Office.
11. ADJOURNMENT: Mayo adjourned the meeting at