MT. DIABLO UNIFIED
BOARD
MEETING – September 26, 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
Readmissions
Allen moved, Strange
seconded, and the Board voted 4-0-0 (Treece not yet present) to approve staff’s
recommendation to readmit two students and admit one student.
Existing Litigation
1. Schaeffer v MDUSD
Allen moved,
Eberhart seconded, and the Board voted 4-0-0 (Treece not yet present) to
approve up to $25,000 as a settlement offer in the case of Schaeffer v MDUSD.
2.
Eberhart moved, Allen seconded, and the Board voted 5-0-0 (Treece now present)
to approve $34,000 as a settlement offer in the case of Golden Bay Fencing v
MDUSD.
2. RECONVENE
OPEN SESSION/MOVE TO MONTE GARDENS
ELEMENTARY:
The Board returned to Open Session in the Board Room at 7:30 p.m. President
Mayo announced that she had been told that 350 people had gathered at Monte
Gardens Elementary, located next door to the MDUSD Dent Center, to attend the
Board meeting. (Actual count: 225) Eberhart moved, Allen seconded, and the
Board voted 5-0-0 to move the meeting to
Expulsion
Student 2-07:
Eberhart moved, Allen seconded, and the Board voted 5-0-0 that Student 2-07 be
expelled from all schools and programs of the
Report of Closed Session
Mayo reported the
action taken and items discussed in Closed Session.
3. CONSENT AGENDA
Treece moved, Strange seconded, and the Board voted 5-0-0 to
adopt the Consent Agenda, thereby approving the following:
3.1 Minutes
of the meeting of August 22, 2006.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence, Resignations, Retirements,
Employment
3.2.2 Resolution 06/07-26 Education Code 44258.2 – Board
Authorization
Adopted Resolution #06/07-26, authorizing Carrie Weil, 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.
3.2.3 Resolution 06/07-27 Education Code 44258.3 – Board
Authorization
Adopted Resolution #06/07-27, authorizing Daisy Dugan, to
teach departmentalized classes in grades K-12, as allowed under Education Code
44258.
3.2.4 Resolution 06/07-23 Approval of Provisional Internship
Permit (PIP) Request
Adopted Resolution #06/07-23, authorizing Erica Huie and
Elizabeth Miller to apply for a Provisional Internship Permit (PIP) in order to
complete their assignment for the 2006-07 school year.
3.2.5 Resolution 06/07-22 Variable Term Waiver Requests
Adopted Resolution #06/07-22, authorizing Eric Borba and
Virginia Golden 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.
3.2.6 Creation of a Grant-Funded Position for the 2006-07
School Year
Approved transfer of .20 FTE Curriculum Specialist position
from Title II funding to Reading First grant funding for the 2006-07 school
year. Fiscal impact: $18,978. Funding Source:
Reading First Subgrant – Program Code 3860
3.3 Classified
Personnel
3.3.1 Leaves of Absence, Resignations, Retirements,
Employment
3.4 Fiscal
Transactions for August 2006
3.5 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of August 2006
3.6 Resolution
06/07-25 Adopting the “Gann” Limit
Adopted Resolution 06/07-25, thus accepting the 2006
appropriation limit calculation (i.e. the Gann Limit, which assures that
districts fully utilize all of the income to which they are entitled by law).
Following receipt of the District’s worksheets, the state completes its own
Gann Limit calculations.
3.7 Independent
Contract for a Speech Pathologist through Progressus Therapy, Inc.
Approved $101,000 contract with Progressus Therapy, Inc. for
Speech Pathologist services. There is no impact to the General Fund. Funding
Source: Related Services Other Specialized
– Operating Budget (1219)
3.8 Amendment
No. 5 to Contract with Nacht and Lewis Architects
Approved amendment No. 5 valued at $51,296 to the contract
with Nacht and Lewis Architects for architectural/engineering services for
assorted Measure C project. This amendment relates to heating, ventilating and
air conditioning (HVAC) improvements funded by Proposition 55. Funding
Source: Proposition 55.
3.9 Final
Change Order to Bid 1412, Contract C-833
Final change order in the amount of $621 to Bid 1412,
Contract C-833 to B & B Grading and Paving, Inc. for paving improvements at
3.10 Notices
of Completion
3.10.1 Contract C-830, Bid 1409 to Harry L. Murphy, Inc. for a total
expenditure of $496,189 for flooring installation in 2006 at Bel Air, Valhalla,
and Walnut Acres elementary schools; Diablo View, Glenbrook, Riverview, and
Valley View middle schools; and Mt. Diablo, Northgate, and Ygnacio Valley high
schools. Funding Source: Deferred
Maintenance
3.10.2 Contract C-831, Bid 1411 to Bell Products, Inc. for a total
expenditure of $412,613 for HVAC improvements in Wing 300 at
3.10.3 Contract C-833, Bid 1412 to B & B Grading and Paving,
Inc., for a total expenditure of $107,288 for paving improvements at Pine
Hollow Middle School. Funding Source:
Deferred Maintenance
3.10.4 Contract C-838, Bid 1410 to Arntz Builders, Inc., for a total
expenditure of $253,900 for window replacement at
3.11 Award of
Professional Services Contract
Approved $15,000 contract with Florin Vlasache and
Associates for the design of a distribution service at
3.12 Contract
for Architectural/Engineering Services
Approved $10,666 contract with Charles Ham Associates for
the preparation of drawings and specifications necessary for the solicitation
of a term contract for prefabricated modular buildings. Funding Source: Measure C
3.13 Geotechnical
Hazards Study and Pipeline Risk Analysis for the 11.3 Acre Site Located in the
Alves Ranch Property
Approved $15,000 contract with Kleinfelder, Inc. for a
geotechnical hazards study and pipeline risk analysis of a 11.3-acre site for a
future school located in the Alves Ranch property.
4. SUPERINTENDENT'S
REPORT
Mayo, noting the large number of people in the audience,
asked Superintendent McHenry to give his report, the State of the District for
2005-06, at this time. He presented data on student enrollment, demographics,
achievement, and program participation and also on employee totals, ethnicity,
and qualifications. He concluded, “Despite the differences in the student
populations, every group achieved. To the teachers who are gathered here, I
want to thank you for that hard work.” The report is available on the MDUSD web
site: www.mdusd.k12.ca.us
Mayo thanked school staff for their part in helping the
District meet 46 of the 46 criteria to meet the federal AYP. She said, “We are
very proud as a District that that has occurred.” She also thanked staff for
their support of students taking the California High School Exit Exam
5. RECOGNITIONS
- None
6. PUBLIC COMMENT
Gail VanTassel, Delta View teacher, thanked the Board for
the new phone notification system that allowed the Superintendent to tell all
families of this year’s early school opening. The reminder improved the first
day’s attendance, she said. She appreciates that the system can be used in
emergencies. She said the system is an example of the Board’s “commitment to
big-picture thinking” and thanked them for it. Mary Jane Keogh, president of
the San Ramon Valley Education Association, said many teachers have come to her
district from
7. COMMUNICATIONS
7.1 Organizations
Mike Noce, MDEA president, thanked
Mayo for having the Superintendent give his report early in the meeting and
teachers for coming to tonight’s Board meeting to support the school board
candidates MDEA has endorsed. He said he hopes this year there will be positive
change in the District to retain teachers. He doesn’t believe what the data (in
the Superintendent’s report) shows about the numbers of teachers who have left.
(In response to Noce’s hope for positive
change, Mayo said the Board looks forward to working collaboratively with
teachers.)
Paul Strange, in his role as
Alterative Education Foundation Board member, announced that the first annual
Mt. Diablo Alternative Education Foundation Awards and Recognition Reception
will be held on October 25 at 7 p.m. at the Holiday Inn in
8. REPORTS/INFORMATION -
None
9. BUSINESS
9.1 Appointment of Elementary School Principal
Allen moved, Treece seconded, and the
Board voted 5-0-0 to appoint Cynthia Goin as Elementary School Principal,
assigned to Strandwood Elementary, replacing
9.2 Appointment of Coordinator, Student/Community Services
9-12
Strange moved, Eberhart seconded, and
the Board voted 5-0-0 to appoint Nicole Alberti as Coordinator,
Student/Community Services, 9-12, assigned to College Park High effective
October 1, 2006.
9.3 Certification and Approval of the 2005-06 Statement of
Receipts and Expenditures, the Annual Closing of the Books (SACS Unaudited
Actuals)
Gloria Gamblin presented a report on the year-end closing
for 2005-06. Highlights:
•
The
District ended the 2005-06 fiscal year in a positive position.
•
All
MDUSD Funds ended the 2005-06 fiscal year with a positive fund balance.
•
Ending
General Fund balance, restricted and unrestricted accounts,
as of June 30, 2006: $23,848,500
Unrestricted Fund balance: $12,820,312
Restricted Fund balance: $11,028,188
Amount Undesignated $2,920,645
(all unrestricted)
•
Total
contributions to Restricted Programs $36,713,796
Public comment Tina Gregory,
presented a lengthy list of questions about the budget, particularly regarding
shifts between funds. At the conclusion, Mayo asked her to give the questions
to Gamblin or McHenry so they can respond to them.
Board comment Eberhart questioned
the practice of transferring funds into the Restricted budget from the
Unrestricted at the beginning of the budget year. Gamblin said some of the
transfers, such as that in Restricted Maintenance, are legally required. He
asked which Restricted programs are using Unrestricted/General Fund money. He
believes the Board needs to review those programs to see if they are working.
Strange said he talked with Gamblin and her staff earlier today and understands
the funding shifts questioned under Public Comment.
Board action Strange moved,
Eberhart seconded, and the Board voted 5-0-0 to certify and direct staff to
file the annual statements of all receipts and expenditures of the District for
2005-06 with the county superintendent of schools.
9.4 Resolution 06/07-24
Disability Awareness Month – October 2006
Eberhart moved, Treece seconded, and
the Board voted 5-0-0 to adopt Resolution 06/07-24, supporting the designation of October 2006 as Disability
Awareness Month, affirming the Special Education Department’s and the
District’s support of the importance of an appreciation for the diversity of
all people, recognizing the contributions made by people with disabilities
throughout history, and encouraging schools to participate in activities that
enhance awareness of and sensitivity to individuals with disabilities.
9.5 Request for
Authorization to Purchase Four (4) Wheelchair Vans
Allen moved, Eberhart seconded, and
the Board voted 5-0-0 to authorize the purchase of four (4) wheelchair vans.
The Transportation Department presently maintains a fleet of seventeen (17)
operable wheelchair vans. The number of wheelchair students requiring
transportation in 2006-07 has increased from 26 to 31 and there are three more
host sites. Fiscal Impact: $245,548
($61,387 per bus). Funding Source:
General Fund, anticipated offset from Mandated Cost Funds
9.6 Adult Education
Certificated and Flat Hourly Rate Increase
Allen moved, Strange seconded, and
the Board voted 5-0-0 to approve increases as follows for Mt. Diablo Adult
Education (MDAE) staff: a 4 percent increase in rates for teachers and for
certificated substitutes and non-instructional hourly staff and an increase in
the Community-based Instructor rate to $20.49 per hour, all effective September
16, 2006; and a 4 percent increase in rates for Teacher/Program Coordinators,
effective September 1, 2006. There is no cost to the General Fund. The total
cost to the Adult Education Fund for 2006-07 program year is approximately
$130,211.
9.7 Declaration of
Impacted Schools
Strange moved, Treece seconded, and the Board voted 5-0-0 to
declare the following schools to be impacted and closed to transfer students in
2007-08 because they are at capacity:
9.8 Memorandum of
Understanding with
Treece moved, Allen seconded, and the Board voted 5-0-0 to
approve a Memorandum of Understanding with the Alameda County Office of
Education to be the external entity providing support to
9.9 Award of Contract to Vanir/3DI for Program and
Construction Management Services for the Proposition 55 Heating, Ventilation and
Air Conditioning (HVAC) Improvement Program
Eberhart moved, Allen seconded, and
the Board voted 5-0-0 to approve a contract not to exceed $1,597,180 including
reimbursables with Vanir/3DI for comprehensive construction management services
related to the heating, ventilation and air conditioning (HVAC) improvement
program funded by the Proposition 55 . Eberhart requested that once the
contract has been drawn up it be brought back to the Board for review. Nicoll
reported that the work involves not only new air conditioning systems, but, in
some cases, the replacement of the heating systems at several schools. The
sites were selected because improvements at them generate additional state
funding and because they are commonly used for the summer program. Funding
Source: Proposition 55 Funds.
9.10 Adoption of the
Novel Fight Club by Chuck Palahniuk
Strange moved, Treece seconded, and
the Board voted 5-0-0 to add Fight Club to
the Extended Core Literature list. An English/Language Arts Site Literature
Adoption Committee from
9.11 Consider Approval
of Criteria for Site and District Discretionary Block Grant
As part of the State Budget Act,
money has been set aside for discretionary block grants for districts and
individual school sites. It is estimated that the District will receive
approximately $19 per
9.12 Board Policy
6145.6 – International Exchange
Curriculum and Instruction Director
10. BOARD REPORTS
Strange reported that he visited
Eberhart said he appreciated seeing a
lot of people at the meeting earlier in the evening. “It’s Important for
everyone to work together,” he remarked, adding that he’d like to have lots of
people at every meeting.
Allen reported that he enjoyed
Emergency Preparedness Day sponsored by the City of
Treece explained that she has been
participating in professional development activities lately. One, the Envision
California conference, looked at statewide issues, such as closing the
achievement gap and considering the U.C. A-G requirements as a default
curriculum. She also participates on the K-16 Council of Contra Costa County,
where MDUSD representatives are taking the lead in science and engineering
fairs held each summer.
Mayo reported that she attended the
Adult Education in-service and the K-Adult Principals meeting, where she
assisted in recognizing principals for their school’s API scores. She also
attended the Contra Costa County Teacher of Year dinner, where Sandra Codington
of Mountain View Elementary and Maggi Gough of Riverview Middle were among the
teachers honored. She visited several schools, took part in the Pleasant Hill
Cleanup Day, and attended the Concord Emergency Preparedness Day and the Labor
to Labor dinner.
Meeting Announcement: Mayo announced
that the Board will meet in Closed Session at 9 a.m. on Saturday, September 30,
at the District Office to discuss the Superintendent’s Evaluation.
11. ADJOURNMENT Mayo adjourned the meeting at 9:28 p.m.