MT. DIABLO UNIFIED
BOARD
MEETING – April 11, 2006
ATTENDANCE: Board: Linda Mayo, Gary Eberhart,
Administrative Staff: Superintendent
The meeting was called to order by President Mayo at 6:00
p.m. in the Board Room at the
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned to Closed Session
at 6:01 p.m. in Room 6 of the
Expulsion: Student 34-06
Following a recommendation from the Contra Costa County
Office of Education, Allen moved, Strange seconded, and the Board voted 5-0-0
to agree to suspend the expulsion of Student 34-06 for the remainder of the
2005-06 school year. The student will be placed at Summit NSHS. Before applying
for readmission, the student must provide evidence of participation and
progress in a minimum of 10 hours of individual counseling with a licensed
therapist; complete 15 hours of community service; complete the District’s Teen
Anger Management Workshop; attend summer school; and show evidence of a
successful school experience.
Conference with Real Property
Negotiator: Alves Ranch
Eberhart moved, Allen seconded, and the Board voted 5-0-0 to
approve an additional $3.3 million, bringing the total allocation from
Proposition 55 to $6.3 million, for the purchase of a school site on the Alves
Ranch
2. RECONVENE OPEN SESSION: The Board returned
to Open Session at 7:33 p.m. President Mayo
led the Pledge of Allegiance to the Flag.
Expulsions:
Expulsion
Student 56-06: Allen moved, Eberhart seconded, and the Board
voted 5-0-0 that student 56-06 be expelled from all schools and programs of the
Mt. Diablo Unified School District and that Student 56-06 may apply for
readmission after January 26, 2007. It
is required that Student 56-06 participate in individual counseling, community
service the COPS program, the Mt. Diablo Unified School District’s Teen Anger
Management Workshop, and show evidence of a successful school experience prior
to applying for readmission.
Student 57-06: Strange moved, Allen seconded, and the Board
voted 5-0-0 that Student 57-06 be expelled from all schools and programs of the
Student 58-06: Treece moved, Eberhart seconded, and the
Board voted 5-0-0 that Student 58-06 be expelled from all schools and programs
of the
Student 59-06: Eberhart moved, Treece seconded, and the
Board voted 5-0-0 that Student 59-06 be expelled from all schools and programs
of the
Student 60-06: Allen moved, Eberhart seconded, and the Board
voted 5-0-0 that Student 60-06 be expelled from all schools and programs of the
Student 61-06: Eberhart moved, Treece seconded, and the
Board voted 5-0-0 that Student 61-06 be expelled from all schools and programs
of the
Student 62-06: Strange moved, Eberhart seconded, and the
Board voted 5-0-0 that Student 62-06 be expelled from all schools and programs
of the
3. CONSENT AGENDA
After removing Item 3.2.3 at Eberhart’s request for more
information, Allen moved, Eberhart seconded, and the Board voted 5-0-0 to adopt
the remaining items on the Consent Agenda, thereby approving the following:
3.1 Minutes
of the meetings of March 18 and 21, 2006.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Assembly Bill 948 – STRS
Post-Retirement Earnings Limitation Exemption
Approved an exemption of up to two years from the STRS
post-retirement earnings limitation for Jeff McCreary, a retired employee who
assumed various administrative responsibilities this year. There is no impact
to the General Fund.
3.2.3 Post-Retirement Contracts for
2006-07
Considered separately, below.
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.4 Work
Study Agreement with
Approved a Work Study Agreement with
3.5 Amendment
to Contract with Smith, Fause and McDonald, Inc.
Approved a $71,935 amendment to the $573,984 contract with
Smith, Fause and McDonald, Inc. for technology consulting services. The
amendment covers additional design services needed in various Measure C
facility improvement projects. Funding Source: Measure C
3.6 Amendment
to Contract with Beals Sport
Approved a $26,500 amendment to the previously amended
$372,870 contract with Beals Sport for additional design services for the high
priority athletic facility improvement projects at
3.7 Amendment
to Contract with Corlett, Skaar and DeVoto Architects, Inc.
Approved a $7,300 amendment to the previously amended
$1,945,199 contract with Corlett, Skaar and Devoto Architects, Inc. for
additional design/engineering services needed in various Measure C facilities
improvement projects. Funding Source: Measure C
3.8 Award
of Bid No. 1411
Awarded Bid No. 1411 to Bell Products, Inc. in the amount of
$299,894 to provide HVAC improvements in Wing 300 at
3.9 Caller
Identification (ID) for Secondary Schools
Approved installing caller ID to the outside lines at all the
District’s secondary schools to improve safety at each site. To utilize this
feature, the District must purchase two services: called ID and call privacy
unblock at a cost of $7.12 per month per phone line with a $5.70 per line
one-time installation fee. The total number of measured business lines for
secondary schools is 120. Fiscal Impact: $684 onetime; $10,252.80 ongoing.
Funding Source: General Fund
SEPARATE ACTION
3.2.3 Post-Retirement Contracts for
2006-07
The post-retirement committee met on Wednesday, March 22,
2006, to review the proposals submitted. Four proposals were approved for a
total of $21,500. Fiscal Impact: A cost
of $21,500 to the General Fund, which has been included in the budget.
Board action In response to
Eberhart, Isserman explained that post-retirement contracts are included in the
MDEA contract and $25,000 is allocated each year to fund them. Retired teachers
take on the projects, which are over and above what classroom teachers have
time to do. Eberhart then moved, Treece seconded, and the Board voted 5-0-0 to
approve the post-retirement contracts for 2006-07.
4. RECOGNITIONS – None
5. PUBLIC COMMENT
– None
6. COMMUNICATIONS
6.1 Organizations
Mike Noce, president of MDEA, took issue with Board members’
action at the last meeting on budget allocations. He understood their wish to
restore programs, but argued for the need for competitive salaries. He also
asked for a definition of “legal mandate” and for more details about how much
money the District expects to receive and how much will be allocated to the
80/20 percent split approved at the last meeting. He asked the Board to be more
selective about what allocations to consider. He thanked the Board for offering
MDEA members last week an additional salary increase even though the contract
is settled.
7. REPORTS/INFORMATION: Update on District’s Custodial Study
•
Of
the 23 recommendations, 9 have been or are being implemented or piloted:
o
Total Quality Management (TQM) program
o
Post updated cleaning schedules
o
Contributions by customer
o
Establish “daily cleaning tasks” to be performed in
the classroom when fully staffed
o
Require that “cleaning professionals always have a
cleaning tool with them”
o
Endorse an energy management program/replace paper
towel dispensers
o
Update the District Custodial Manual
o
Encourage a TQM team to address cleaning
equipment/supplies
o
Remove green pads, powdered cleansers, insect
repellants, sponges, powdered gloves and pressurized supplies from inventory
•
Pederson provided pros and cons of the remaining
recommendations
o
Develop (and/or refine) cleaning standards for every
cleaning task performed
o
Remove green and black chalkboards
o
Submit daily performance/activity report
o
Conduct formal, monthly inspections of all sites by
District Custodial Supervisor, Site Administrator and Senior Head Custodian
o
Modify the Custodial Supervisor I and II incumbents’
work schedules so that they can work in the evening with the bulk of the
custodians
o
Encourage custodians to expand their professional
skills
o
Develop individual training profiles/Establish a
custodial resource center
o
-Uniform all custodial personnel
-Endorse an energy management program
-Make recycling a site responsibility
-Replace paper towel dispensers
-Establish an extra furniture/pet policy
o
“Cleaning routes should be engineered”
o
Carefully inventory, clean, and organize cleaning
closets/Remove televisions from the custodial office (and; 2. Recentralize
custodial operating budgets)
o
Presented for discussion only—Perform specialized,
task or team cleaning
o
Endorse one District Custodial Supervisor to direct
the custodial operation
o
Share this report with all site administrators and
custodians
Board comment In response to
Eberhart, Pedersen said the District has the discretion to schedule the work
hours of custodial supervisors. Eberhart said custodial supervisors and
custodians should work the same hours. He’d like the District to adopt a
custodial staffing formula as other districts have and to set districtwide
cleaning standards. In response to Allen, Pedersen said the consultant spoke
with members of Local One, site administrators, custodians, and custodial
supervisors in conducting the cleaning audit. Pedersen also explained the
rationale for recommending a centralized process for ordering supplies. In
response to Treece, McHenry said the cleaning audit was done in response to
Board concern about aspects of the District’s organizational structure. For
similar reasons, studies of the technology services and maintenance and
operations departments have also been conducted. McHenry said staff looks at
implementing parts of the assessment when need demands it and money is
available. At present, there is a need for more custodial services.
8.
SUPERINTENDENT'S REPORT
– None
9. BUSINESS
9.1 Resolution
05/06-63 Support of Senate Bill No. 1193 – Student Poll Workers—POSTPONED
9.2 Public
Hearing on Energy Conservation/Services Agreement
As required by Government Code
4217.12, Mayo opened a public hearing on the proposed energy services contract
at 8:57 p.m. Dan Gomes,
9.3 Resolution
05/06-64 Approval of Energy Conservation/Services Agreement
Board comment
In response to Eberhart, Nicoll said the process used to select a
consulting firm was legal, that competitive bidding does not apply as the goal
is to save enough in energy costs to pay for the facility improvement projects
that will achieve the savings. He said District staff sent the Requests for
Proposal nationwide and did a thorough assessment of the proposals submitted.
Board action
Treece moved, Strange seconded, and the Board voted 5-0-0 to adopt
Resolution 05/06-64, approving an Energy Conservation/Services Agreement with
Cal Air to replace the heating and ventilation system at Northgate High School,
make lighting improvements at 30 District sites, add energy conservation
controllers on vending machines at 14 sites, retrofit domestic water heaters at
six high schools, and install trash compactors at five schools. Fiscal
Impact: The value of the contract is
$5,995,431. There is no new cost. The lease purchase agreement will be paid for
by reductions in energy costs, previously planned deferred maintenance
expenditures, rebates from PG&E and matching state funds.
9.4 Resolution
05/06-67 Authorizing the Issuance of General Obligation Bonds, Measure C Bond
Election 2002, Series 2006
Allen moved, Treece seconded, and the
Board voted 5-0-0 to adopt Resolution 05/06-67, authorizing the issuance of
General Obligation Bonds, Measure C Bond Election 2002, Series 2006. The
resolution applies to the third and final portion of bond sales (Election 2002,
Series 2006) in a principal amount not to exceed $59,600,000 in order to
finance the continuation of the various construction projects and improvements
to school facilities. Funding Source:
Measure C Bond Sales
9.5 Resolution
05/06-66 Dedication of Temporary Construction Easement at
Mayo opened the public hearing at
9:09 p.m. With no requests to speak, she closed the hearing. Eberhart then
moved, Treece seconded, and the Board voted 5-0-0 to adopt Resolution 05/06-66,
dedicating a temporary construction easement to
9.6 Consider
Allocation of Additional Resources to Underperforming Schools
McHenry presented a report showing
the demographics and standardized test results for schools that meet one or
more of the following criteria: Title I, Intermediate
Intervention/Underperforming Schools Program, High Priority Grant Program,
•
Priority
staffing
•
Priority
maintenance
•
Additional
resources
•
Data
analysis
•
Assistance
with training
•
Facilitation
and program development
With the District receiving
additional revenue in the 2006-07 budget, he recommended the Board approve the
following:
•
An additional allocation of $120,000 each for
•
An additional allocation of $80,000 for Glenbrook,
Oak Grove, and Riverview middle schools. Money to be used the same as high
schools.
•
Additional funding for Bel Air, Cambridge, Fair Oaks, Meadow Homes, Rio
Vista, Shore Acres, Sun Terrace, and Ygnacio Valley elementary schools and
Sunrise Center to support Kindergarten Class Size Reduction and to provide vice
principals or resource teachers consistent with the criteria listed in
Administrative Rule 4113.11.
Public comment
Bev Hansen, Mt. Diablo High principal, thanked the Board for its action
at the last meeting to restore librarian and custodian positions. She expressed
appreciation for the work ethic and dedication of the staff at all the schools
listed in this item. She described the oversight being placed on Mt. Diablo
High from assorted agencies and the need for assistance in meeting the many
requirements and completing the reporting involved.
Board comment
Treece said the amount of funding being requested is not enough to meet
the needs of these schools, but with limited resources and with the Board
criteria for budget allocations, she is happy that some money is being
designated for these needs. She asked that the Board revisit this issue when
more is known about additional funding for next year. Eberhart asked if the
funding fell under the 80 percent or 20 percent categories the Board approved
at its March 28 meeting (i.e., 80 percent of new revenue is to fund legal
mandates and competitive salaries and 20 percent to fund infrastructure support
and program/position restoration). McHenry said the staffing for the high
schools and middle schools would be funded from the 20 percent. The staffing
for the elementary schools could come from either the 80 or the 20 percent
depending on whether Administrative Rule 4113.11 is defined as a “mandate.” He
noted that policy-driven formulas have always determined teacher staffing, but
the formula in the policy for administrators has not been followed because of
financial constraints. He stressed that each principal must discuss options
with the School Site Council before deciding on how to allocate the funds. In response
to Allen, McHenry explained that the schools identified as “Program
Improvement” are in the greatest jeopardy of receiving sanctions. They are Bel
Air, Cambridge, Fair Oaks, Meadow Homes, Rio Vista, Shore Acres, and Ygnacio
Valley elementary; Glenbrook, Oak Grove, and Riverview middle; and Mt. Diablo
and Ygnacio Valley high. He noted that the performance of the District’s
subpopulations may lead to the District’s being identified as “Program
Improvement.” In response to Strange, McHenry said the Kindergarten Class Size
Reduction program will be funded from Categorical funding, not the General
Fund.
Board action
Treece moved, Allen seconded, and the
Board voted 5-0-0 to approve the recommended allocation of additional resources
to underperforming schools. Fiscal impact:
High schools $240,000
Middle schools 240,000
Elementary schools 220,000
Class Size Reduction, Grade K 516,014
Total $1,216,014
Funding
sources:
General Fund $660,000
Elementary Class Size Reduction 267,225
Title I Economic Impact Aid 248,789
9.7 Resolution
05/06-65 Relative to Elimination of Classified Positions
Public comment
Pam Leffew, a paraeducator whose hours would be reduced under this
resolution, asked the Board not to cut her position.
Board comment
Eberhart said he believes Riverview cannot afford to lose a campus
supervisor position, so he opposes the resolution. Mayo noted that the Board
had just approved additional funds for Riverview that could be used for a
campus supervisor.
Board action
Treece moved, Allen seconded, and the Board voted 4-1-0 (Eberhart, no)
to adopt Resolution 05/06-65, eliminating five classified positions, two of
them vacant, as a result of program modifications and budgetary limitations,
effective June 30, 2006. The leadership of CSEA and Local One CST was advised
regarding this matter.
9.8 Job
Description for Lead Buyer
A job description for the position of
lead buyer is being recommended by the Director of Personnel to fill a critical
need in the Purchasing Department. Presented as information only at this time,
this item will be returned for action at a subsequent meeting.
9.9 Review
and Discussion of Possible Additions to the Budget
The Board and the District administration have received
individual requests to restore certain positions, programs, or services that
were reduced or eliminated during the 2004-05 school year. Before making
further decisions about additions to the 2006-07 budget, the Superintendent
asked the Board to review and prioritize the entire list of items that were
reduced during the 2003-04 and 2004-05 budget reduction process. He pointed out
that some of the items may need to be brought back if a specific need arises,
such as one for an educational interpreter.
Public comment
Lori Moura, PE instructional assistant, described the
services the PE assistants provide. John Ferrante, parent, said the District
has received $450 million from the taxpayers through Measure A, Measure C, and
Proposition 55, and should take care to maintain the facilities it improves
with those funds. Barbara Schussman, parent, urged the Board to provide funding
to continue the extra “A” period at those middle schools that currently have
one.
Board discussion
In response to Eberhart, McHenry
explained that Board action last spring to reduce staffing called for
principals at middle schools with a 7 period day to restrict students to 7
classes this year; those with a 4x4 block schedule, to 8 classes. Some did not
do that, so authority was taken by the District administration to enforce the
restriction in next year’s master schedules. Eberhart said the District should
allow the classes to continue because they benefit the students who take them and
the cost of the teachers who taught them has been covered in the 05-06 budget.
Mayo said she would consider restoring the following positions: intermediate
typist clerk, Special Ed. program specialist, three custodians, and an
intermediate account clerk. She said she’d also heard support for returning a
glazier position that was cut in 2003-04. Treece said she’s looked at the list
with regard to those that may come under mandates, such as the Williams lawsuit
requiring more custodial services and the FCMAT report requiring more support
in fiscal services. She is not sure what to do with items that may not be
mandated as she believes the addbacks the Board recently approved use most of
the 20 percent share of additional money allocated for infrastructure support
and program restoration. She listed the following as possible mandates:
educational interpreter, Special Education program specialist, account clerk,
and custodians. Allen agreed with Treece on the need to meet mandates. He noted
that the HVAC position may be necessary if the Board decides to move forward
with air conditioning projects. Strange believes the need for specific
positions will appear as the District responds to mandates. When pressed, he
said he can see the need for custodial positions and for clerks in fiscal
services, adding that he would like to look at the “A” period issue in a
broader perspective at a later time. Mayo summarized, saying she heard support
for the following:
•
Removing
Restrict middle school students to 7 classes in traditional 7-period-day
schools or 8 classes in 4x4 block schedule schools.......................................................... $159,462
•
Restoring
§
One
Intermediate Typist/Clerk position in Student Services....................................... $56,056
(to process transcript, records
request)
§
One
Educational Interpreter position............................................................................... $37,346
§
One
Account Clerk position in Fiscal Services
(in Accounts Payable/Accounts
Receivable)............................................................... $36,425
§
One
HVAC Mechanic position.......................................................................................... $74,319
§
One
Administrator of Technology position.................................................................. $103,734
§
Three
custodial positions................................................................................................ $143,622
(for cleaning at school sites)
§
One
Intermediate Account Clerk position....................................................................... $47,792
(FCMAT recommendation re: Payroll
Dept.)
McHenry said he will bring forward
recommendations as need arises. He noted that he has received a request from
Special Education to restore the Program Specialist position because of demands
in that program. He pointed out that the budget includes the same number of
teaching positions for next year as there are in this. Mayo said she discussed
the Administrator of Technology position with the superintendent as she sees a
need for it; however, as it does not qualify as a mandate, it is not a priority
at this time. Treece said the item to restrict students to a maximum number of
classes should be discussed in conjunction with the requirement that class size
be no less than 20 students. Strange said enforcement of Board decisions is a
concern. Not only has the restriction to a maximum number of classes not been
followed at all schools, but he has heard that there are classes with fewer
than 20 students. McHenry said his directive to principals that they not offer
“A” period was a response to that situation. Mayo said the question for her is,
if the Board is to add more instructional time, where is it most needed? She
believes it’s at the high school level.
McHenry said staff is addressing
competitive salaries, having offered a salary increase to the employee
bargaining units last week. The remaining budget items on his own list include
an automated emergency notification system and a Student Information System. He
hopes to bring recommendations based on the Fiscal Crisis Management and
Assistance Team (FCMAT) report to the Board in May.
Allen said his concern about the “A”
period is equity for all students. Those who don’t take music can also benefit
from an extra class. If schools continue to offer “A” period jazz band, they
should also offer other electives. McHenry asked Young to determine how many
students would want to take an extra elective during an “A” period.
Procedural action: It being 11:00 p.m., when Board
meetings are required to end unless extended by a vote of the Board, Eberhart
moved, Treece seconded, and the Board voted 5-0-0 to extend the meeting until
11:15 p.m.
Mayo expressed concern that a survey
of student interest in an extra elective would raise the expectation that the
third elective would be offered. Allen said he would need to see the costs of
offering another elective before considering it. There was general agreement
that the survey is not necessary at this time as the District cannot afford to
offer three electives to all students next year. Strange said he could support
“A” period music if it were offered at all schools. He does not agree with
allowing the extra elective to be continued at the schools that have it this
year. He said it would allow school administrators who did not follow the rule
(to restrict the number of classes a student could take) to continue to ignore
it.
11. CLOSED SESSION: The Board adjourned to Closed
Session at 11:12 p.m. to discuss the Superintendent’s Evaluation.
12. ADJOURNMENT: Mayo adjourned the meeting at 12:30
a.m.