MT. DIABLO UNIFIED SCHOOL DISTRICT

 

BOARD MEETING – February 13, 2007

 

ATTENDANCE:              Board: Gary Eberhart, April Treece, Dick Allen, Linda Mayo, Paul Strange

Administrative Staff: Superintendent Gary McHenry; Associate Superintendent Alan Young; assistant superintendents Roger Bylund, Mildred Browne, Gail Isserman, and Dick Nicoll; Chief Financial Officer Gloria Gamblin; General Counsel Greg Rolen

 

1.             CALL TO ORDER

The meeting was called to order by President Eberhart at 6:00 p.m. in the Board Room at the Mt. Diablo Unified School District Dent Center.

 

PUBLIC COMMENT:  None

 

CLOSED SESSION:  The Board adjourned to Closed Session at 6:01 p.m. in Room 6 of the Dent Center. Topics discussed included negotiations; 3 expulsion cases; 56 requests for readmission; existing litigation (Mariano v. MDUSD); and superintendent’s evaluation.

 

Readmission
Treece moved, Allen seconded, and the Board voted 5-0-0 to approve staff’s recommendation to readmit 17 students, admit 3 students, and to deny readmission to 36 students who did not meet requirements.

 

2.             RECONVENE OPEN SESSION:  The Board returned to Open Session in the Board Room at 7:30 p.m. President Eberhart led the Pledge of Allegiance to the Flag.

 

Expulsion
Student 28-07: Mayo moved, Treece seconded, and the Board voted 5-0-0 that Student 28-07 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 28-07 may apply for readmission after June 14, 2007.  It is required that Student 28-07 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop and show evidence of a successful school experience, prior to applying for readmission.

 

Student 29-07: Strange moved, Mayo seconded, and the Board voted 5-0-0 that Student 29-07 be expelled from all schools and programs of the Mt. Diablo Unified School District and that Student 29-07 may apply for readmission after June 14, 2007.  It is required that Student 29-07 participate in individual counseling, community service, the COPS program, the District’s Teen Anger Management Workshop; complete a psychological evaluation, and show evidence of a successful school experience, prior to applying for readmission.

 

Student 30-07: Allen moved, Treece seconded, and the Board voted 5-0-0 that Student 30-07 be expelled from all schools and programs of the Mt. Diablo Unified School District and that the expulsion be suspended.  Student 30-07 may apply for readmission after June 14, 2007.  It is required that Student 30-07 participate in individual counseling, community service, the District’s Teen Anger Management Program, enroll in GED training program at Loma Vista Adult Center, report monthly to Student Services with at progress report from Adult Ed, and show evidence of a successful school experience, prior to applying for readmission.

 

Eberhart reported the items discussed and action taken in Closed Session

 

3.             CONSENT AGENDA

After removing Item 3.6.3 at Treece’s request, Allen moved, Mayo seconded, and the Board voted 5-0-0 to approve the remaining items:

3.1          Minutes of the meeting of January 23, 2007.

 

3.2          Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.2.2 Recommendation for Preliminary Single Subject: Foundational Level Math Teaching Credential with Supplementary Authorization for Introductory Business; Accounting; Marketing/Entrepreneurship; Office Technologies; Psychology

Recommended Laurie B. Harris for a Preliminary Teaching Credential as she has completed a two-year District Intern Program.

 

3.2.3 Resolution 06/07-58 Approval of Provisional Internship Permit (PIP) Request(s)

Adopted Resolution #06/07-58, authorizing Jessica Marie Scott to apply for a Provisional Internship Permit (PIP) in order to complete her assignment for the 2006-07 school year.

 

3.2.4 Resolutions 06/07-56 and 06/07-57 Variable Term Waiver Requests

Adopted Resolution #06/07-56 and 06/07-57 authorizing Alexandra Campbell, Kristin Celio, Deborah Frank, Bruce Lichti, Margaret Norris, Annie Sampson, and Carrie Weil to apply for a Variable Term Waiver, giving them additional time to complete certain requirements for the credential that authorizes their service. The waiver request is made when there is not a properly credentialed person available for the position.

 

3.2.5 Resolution 06/07-71 Education Code 44258.2 – Board Authorization

Adopted Resolution #06/07-71, authorizing Ani Astourian, who holds a single subject or secondary credential and has 12 lower division units or 6 upper division units in a subject, to teach that subject in a middle school for the current school year.

 

3.2.6 Addition of Full-Time Equivalent Position (FTE) for January through June 2007

Added a .60 FTE position in Title III Immigrant Education to support English language learners, increasing the expenditure budget of categorical funds by $30,154 for 2006-07. Funding Source:  Categorical Funds – Title III Immigrant Education (Program Code 3196)

 

3.3          Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.3.2 Increase in Hours for a Senior Secretary at Willow Creek Center

Increased from 20 to 40 hours/week an existing 12-month Senior Secretary position in the Curriculum and Instruction Department. There is no impact to the General Fund. The additional cost for 2006-2007 is $13,906. Funding Source:  Title II

 

3.4          Intermediate Change Order to Contract C-839, Bid 1421

Approved intermediate change order in the amount of $120,986.03 to Contract C-839, Bid 1421 with Taber Construction, Inc., for the new classrooms/restrooms at Hidden Valley and Meadow Homes elementary schools; El Dorado Middle School; and Concord High School. Funding Source: Measure C (Hidden Valley); Developer Fees (Other Schools)

 

3.5          Final Change Orders

3.5.1 Final Change Order to Bid 1396, Contract C-821 to D. L. Falk Construction, Inc., in the amount of $284,669 for remodel of the Little Theater at Northgate High School. Funding Source:  Deferred Maintenance, Proposition 55 funds, Measure C, State Building Fund, and Northgate Community Pride Foundation

 

3.5.2 Final Change Order to Bid 1419, Contract C-840 to Rodan Builders, Inc., in the amount of $35,380 for the removal and replacement of the “walk-in” freezers and coolers at College Park, Concord, Clayton Valley, Mt. Diablo, Northgate, and Ygnacio Valley high schools. Funding Source:  Measure A

 

3.5.3 Final Change Order to Bid 1433, Contract C-845 to Taber Construction, Inc., in the amount of $184,664.64 for the construction of new classrooms at Clayton Valley, College Park, and Concord high schools. Funding Source:  Developer Fees

 

3.6          Notices of Completion

3.6.1 Contract C-821, Bid 1396 to D. L. Falk Construction, Inc., in the amount of $1,972,669 for remodel of the Little Theater at Northgate High School. There is no impact to the General Fund. Funding Source:  Deferred Maintenance - $182,600; Proposition 55 -  $1,000,000; Measure C - $25,000; State Building Funds - $200,000; Northgate Community Pride Funds - $681,200

 

3.6.2 Contract C-840, Bid 1419 to Rodan Builders, Inc. in the amount of $645,397 for the removal and replacement of freezers and coolers at College Park, Clayton Valley, Mt. Diablo, Northgate, and Ygnacio Valley high schools. Funding Source:  Measure A

 

3.6.3 Contract C-845, Bid 1433 — See “Separate Action” below.

 

3.7          Approve Purchase of Two (2) Wide Area Rotary Grass Mowers

Awarded purchase order totaling $193,386. to H.V. Carter Company, piggybacking on the General Services Administration Federal Supply Contract No. GS-06-0042K. Fiscal Impact:  $193,386  Funding Source:  Measure A Operations – Vehicle Replacement

 

3.8          Grant Awards

3.8.1 Cesar E. Chavez Afterschool Service Club Grant

Accepted $90,563 from Youth Service California (YSCal) for the first year of a three-year plan to support development of service projects and service clubs at three Mt. Diablo CARES After School Programs (Glenbrook, Oak Grove, and Riverview middle schools). There is no impact to the General Fund. Total funding for three years is $271,689. Funding Source:  Cesar E. Chavez Afterschool Service Club grant.

 

3.8.2 Western Growers Charitable Foundation Grant

Accepted $1,000 from Western Growers Charitable Foundation to support the enhancement of the Bel Air CARES After School Program. There is no impact to the General Fund. Funding Source:  Western Growers Charitable Foundation

 

3.8.3 East Bay Community Foundation Grant

Accepted $15,000 from the East Bay Community Foundation to support coordination, training, technical assistance, and fund development for the After School 4 All County (A4A) Collaborative. There is no impact to the General Fund. Funding Source:  East Bay Community Foundation

 

SEPARATE ACTION

3.6.3 Contract C-845, Bid 1433 to Taber Construction in the amount of $2,784,664.64 for providing prototypical classrooms, Group 2 at Clayton Valley, College Park, and Concord high schools. Funding Source:  Developer Fees and Proposition 55

Board comment/action   Treece noted that this work was conducted as a pilot under a Project Labor Agreement (PLA). At her suggestion, Eberhart directed staff to place on the next Board meeting agenda a discussion of the use of a PLA on other projects. Treece then moved, Allen seconded, and the Board voted 5-0-0 to approve Contract C-845, Bid 1433 to Taber Construction.

 

4.             RECOGNITIONS

4.1          National Board Certification

The Board recognized Tracey Steele, Sun Terrace Elementary School teacher, for achieving National Board Certification. President Eberhart presented her with a certificate of appreciation.

 

5.             PUBLIC COMMENT - None

 

6.             COMMUNICATIONS

        6.1          Organizations

Kickan Wilson, co-president of the Mt. Diablo School Psychologists Association (MDSPA) said her members are looking forward to positive and productive negotiations on a new contract.

 

7.             REPORTS/INFORMATION

7.1          Report on the National School Board’s Association Conference

Board president Gary Eberhart and trustee Paul Strange reported on the National School Board’s Association Conference, which they attended in January. They and other Board members said it is important to work with state and federal legislators on education issues, needs, and funding. Eberhart said the Board will have a discussion on this subject at an upcoming meeting.

 

8.                   SUPERINTENDENT'S REPORT - None

 

9.             BUSINESS

9.1          Public Hearing on Facility and Program Needs

 

Staff report   McHenry said the district leadership has to determine how to address more than $600 million worth of facility and program needs, including how to provide competitive salaries for all employees. He and Dick Nicoll presented a report on the needs identified to date, District revenues and expenditures, and funding mechanisms such as a parcel tax and a school bond. He said other school districts use those funding mechanisms, and he hopes the MDUSD community will be willing to do so, too.

 

Public comment   John Ferrante, community member, said he’d like to see an emphasis placed on taking care of facilities and the addition of auto, wood and other vocational shop classes.

 

Board comment   Mayo remarked that two community meetings on this topic have been held and provided good suggestions from parents and staff. She was impressed with the large turnout for last week’s meeting at Riverview Middle School. In response to Eberhart, McHenry said the list of needs was generated through the work done for Measure C as well as through discussions with students, parents, labor leaders, and others. He said career technical education courses are on the list of needs even though they weren’t specifically highlighted in the presentation. Treece said students need access to a learning community that provides entry to career and academic paths. She noted that vocation-specific classes have been replaced with ones that integrate academics and career preparation. Eberhart pointed out that the money from Measure A and Measure C, approved by District voters, has gone directly into projects for the community’s schools and children. He thinks the success of those two measures will encourage voters to continue to support the District.

 

9.2          Resolution 06/07-59 In Appreciation of the Black Families Association of Contra Costa County

Mayo moved, Strange seconded, and the Board voted 5-0-0 to adopt Resolution 06/07-59, recognizing and commending the Black Families Association of Contra Costa County for 34 years of service to the community. Eberhart announced that the Association’s annual Scholarship Dinner and Dance, which he called “a great event,” will be held February 24.

 

9.3          Appointment of Director of Budget and Accounting

Mayo moved, Treece seconded, and the Board voted 5-0-0 to approve the appointment of Teresa Sidrian as Director of Budget and Accounting, effective March 1, 2007.

 

9.4          Appointment of Assistant Director, Student Services/Special Education

Allen moved, Strange seconded, and the Board voted 5-0-0 to approve the appointment of Margaret Norris as Assistant Director, Student Services/Special Education, effective March 1, 2007.

 

9.5          Appointment of Educational Consultant/Behavior Management Specialist

Mayo moved, Treece seconded, and the Board voted 5-0-0 to approve the appointment of Lorien Quirk as Educational Consultant/Behavior Management Specialist, effective February 14, 2007.

 

9.6          Appointment of Coordinator, Student/Community Services 9-12

Allen moved, Strange seconded, and the Board voted 5-0-0 to approve the appointment of Deborah Frank as Coordinator, Student/Community Services 9-12, effective February 14, 2007, pending approval of her credential waiver.

 

Treece moved, Allen seconded, and the Board voted 5-0-0 to approve the appointment of Barnaby Gloger as Coordinator, Student/Community Services 9-12, effective February 14, 2007.

 

9.7          Appointment of Program Specialist

Mayo moved, Treece seconded, and the Board voted 5-0-0 to approve the appointment of Colleen Dowd as Program Specialist, effective February 14, 2007.

 

9.8          Board Committee Assignments

The Board President made Board committee assignments for the period of January 1, 2007, through December 31, 2007.

 

9.9          Award of Bid 1456

Treece moved, Allen seconded, and the Board voted 5-0-0 to award Bid 1456 in the amount of $5,493,148.30 to Valair, Inc., headquartered in Sacramento, CA, to provide the manufacturing, fabricating and/or assembly and delivery of heating, ventilating and air conditioning (HVAC) equipment at Cambridge, Meadow Homes, and Ygnacio Valley elementary schools; Glenbrook and Riverview middle schools; and Clayton Valley, College Park, Mt. Diablo, and Ygnacio Valley high schools. Funding Source:  Proposition 55

 

Board comment   Eberhart called it “a brilliant idea” to purchase all the HVAC equipment at the same time as it allows for standardization across the District and avoids having individual contractors purchase the equipment themselves and adding to the cost charged to the District. He thanked staff for their work on this bid.

 

9.10        2007 California School Board’s Association (CSBA) Delegate Assembly Election

Allen moved, Strange seconded, and the Board voted 5-0-0 to cast its vote for Arthur Clarke, Walnut Creek ESD, and Teresa Gerringer, Lafayette ESD, to fill the two vacancies in Subregion 7-A on the CSBA Delegate Assembly in 2007.

 

9.11        Opportunity for Public Response to the Board’s Successor Agreement to Mt. Diablo Education Association (MDEA) and Approval of the Board’s Successor Agreement Proposal

The Board’s Successor Agreement proposal to the Mt. Diablo Education Association (MDEA) was publicly presented at the January 23, 2007, meeting. At this time it was presented for public response. There were no requests for comment. Strange moved, Mayo seconded, and the Board voted 5-0-0 to approve the Board’s Successor Agreement proposal to the Mt. Diablo Education Association (MDEA).

 

9.12        Opportunity for Public Response to Mt. Diablo School Psychologists (MDSPA) and the Board’s Successor Agreement Proposals and Approval of the Board’s Successor Agreement Proposal

Successor Agreement proposals from the District and MDSPA were publicly presented at the January 23, 2007, meeting. At this time they were presented for public response. There were no requests for comment. Allen moved, Treece seconded, and the Board voted 5-0-0 to approve the Board’s Successor Agreement proposal to the Mt. Diablo School Psychologists (MDSPA).

 

9.13        Public Presentation and Board’s Acknowledgement of Receipt of Mt. Diablo Education Association’s Successor Agreement Proposal

By law, school districts are required to “sunshine” collective bargaining proposals in an open session of the Board. The proposal from Mt. Diablo Education Association (MDEA) was submitted as an information item. It will be returned at a later meeting for public response.

 

9.14        Public Presentation and Board’s Acknowledgement of Receipt of Union’s Successor Agreement Proposal. Public Presentation of Board’s Successor Agreement Proposal

By law, school districts are required to “sunshine” collective bargaining proposals in an open session of the Board. The Board’s Successor Agreement proposal to the California School Employees Association (CSEA) and the Successor Agreement proposal from CSEA were submitted as an information item. They will be returned at a later meeting for public response.

 

9.15        Resolutions 60–70 Intent to Dedicate Easements

Mayo moved, Strange seconded, and the Board voted 5-0-0 to approve Resolutions 06/07-60-70, stating the intent to dedicate easements at the following sites:

Resolution 60 – Gregory Gardens Elementary

Resolution 61 – Valle Verde Elementary

Resolution 62 – Walnut Acres Elementary

Resolution 63 – Mountain View Elementary

Resolution 64 – Strandwood Elementary

Resolution 65 – Valhalla Elementary

Resolution 66 – Wren Avenue Elementary

Resolution 67 – Pleasant Hill Education Center

Resolution 68 – Sequoia Middle

Resolution 69 – Sequoia Middle

Resolution 70 – Sequoia Middle

 

Education Code Section 17556 authorizes the District to dedicate or convey an easement to a public agency through a process. The public hearing and request for Board action on these particular resolutions will be brought to the Board at its February 27, 2007 meeting.

 

9.16        Williams Uniform Complaints – Quarterly Report

Strange moved, Treece seconded, and the Board voted 5-0-0 to ratify the Williams Uniform Complaint Quarterly report for the months of November and December 2006 and January 2007. The report showed five complaints regarding “Facilities Conditions,” all of which were resolved.

 

Public comment   Jerry Okendo, chair of the local League of United Latin American Citizens (LULAC) chapter, said he submitted two complaints and has not yet received a response. He also said the law firm, Public Advocates, Inc., has written to the District on this matter. He gave the Board resolutions passed by the West Contra Costa USD and the Richmond City Council in regard to recent action in Bay Area communities by federal Immigration and Customs Enforcement (ICE) agents and said he hopes the Mt. Diablo Board will adopt a similar one.

 

9.17        Membership Recommendation for Community Advisory Committee

Treece moved, Allen seconded, and the Board voted 5-0-0 to approve Lorrie Davis as new member of the Community Advisory Committee.

 

9.18        Adoption of Updated Creative Interiors Course of Study

A Curriculum Specialist worked with a teacher at Concord High School to update the existing 1990 Creative Interiors Course of Study to better align it with the Elements and Principles of Design Curriculum developed by the State of California Department of Education. Presented as information only at this time, the item will be returned for action at a subsequent meeting.

 

10.          BOARD REPORTS

Mayo reported on several events she’d attended: the Bancroft Elementary School Science Fair, where she was impressed with the student scientists and their projects; a session of Leadership Contra Costa, where she and McHenry participated on a panel; the Open House for new County Supervisor Susan Bonilla; the February meeting of the District’s Community Advisory Committee; and the Superintendent’s Parent Advisory Committee. She announced upcoming events: a presentation on “Current Drug Trends” being held tomorrow; State Senator Torlakson’s informational meetings about Pell Grants; and a meeting of the Pleasant Hill Joint Task Force on the Flood Detention Basin.

 

Strange said he has been attending numerous crab feeds for various public organizations and several Chamber of Commerce meetings to hear reports from the mayors of local cities.

 

Treece reported on her work with the Contra Costa Economic Partnership, which is focused on long-term economic development. She noted that the Governor has invested funds in career technical education. As project director for the Workforce Initiative, she has visited with state and county legislators to talk about opportunities from the business-industry perspective. She is looking forward to communicating with those same legislators from the education point of view. She is also enjoying being involved with industry partners and school district staff in discussing Carl Perkins funds. She announced that the Concord Chamber of Commerce’s BEST Day is next Thursday, February 22. She called the event a great opportunity for teachers and businesspeople to shadow each other. She also announced that State Superintendent Jack O’Connell will speak to industry leaders at a luncheon in the community on Friday, April 27.

 

Eberhart said he, too, has been attending crab feeds, and encouraged everyone to attend the one the Concord Chamber of Commerce is holding soon and also the Chamber’s second annual Chocolate Festival in March. He will put “Board community and political outreach” on an upcoming Board agenda. He thinks it is important to get the Board’s message to the community.

 

 

 

 

11.          ADJOURNMENT  President Eberhart adjourned the meeting to Closed Session at 9:36 p.m. to discuss the Superintendent’s Evaluation. He later adjourned the meeting at 11 p.m.

 

 

 

 

 

                                                               

Gary McHenry, Secretary