MT. DIABLO UNIFIED
BOARD
MEETING – November 14, 2006
ATTENDANCE: Board: Linda Mayo, Gary Eberhart (at 7:00
p.m.),
Administrative Staff: Superintendent
The meeting was called to order by President Mayo at 6:00
p.m. 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
2. RECONVENE OPEN SESSION: The Board returned
to Open Session at 7:42 p.m. Mayo led
the Pledge of Allegiance to the Flag and reported the action taken in Closed
Session.
Conference With Real Property Negotiator
Treece moved, Eberhart seconded, and the Board voted 5-0-0
to approve the wording in the agreement with
Expulsions:
Student
7-07: Eberhart moved, Allen seconded,
and the Board voted 5-0-0 that Student 7-07 be expelled from all schools and
programs of the
Student
8-07: Allen moved, Treece seconded, and
the Board voted 5-0-0 that Student 8-07 be expelled from all schools and
programs of the
Student
9-07: Strange moved, Eberhart seconded,
ant the Board voted 5-0-0 that Student 9-07 be expelled from all schools and
programs of the
Student
10-07: Treece moved, Strange seconded,
and the Board voted 5-0-0 that Student 10-07 be expelled from all schools and
programs of the
Student
11-07: Allen moved, Treece seconded, ant
the Board voted 5-0-0 that Student 11-07 be expelled from all schools and
programs of the
Student
12-07: Strange moved, Eberhart seconded,
and the Board voted 5-0-0 that Student 12-07 be expelled from all schools and
programs of the
Student
13-07: Treece moved, Eberhart seconded,
and the Board voted 5-0-0 that Student 13-07 be expelled from all schools and
programs of
Student
14-07: Allen moved, Strange seconded, and the Board voted 5-0-0 that Student
14-07 be expelled from all schools and programs of the
3. CONSENT AGENDA
After removing Item 3.18 at Eberhart’s request, Allen moved,
Treece 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 meeting of October 10, 2006.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Resolution 06/07-40 Variable
Term Waiver Requests
Adopted Resolution #06/07-40, authorizing Mary Vizcay and
Maria Ana Domingo each 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.
3.2.3 Increase of Full-Time Equivalent Position (FTE) for
the 2006-2007 School Year for the Regional Occupational Program (ROP)
Added/subtracted Regional Occupational Program (ROP)
full-time equivalent (FTE) positions as follows:
Mt. Diablo High (.20)
Total FTE .80
This action increases the expenditure budget of Regional
Occupational Program funds (Program 3990) in the amount of $54,539. Funding
Source: Regional Occupational Program
(ROP) – Program 3990 (funded by the
3.2.4 Request to Reinstate Two Beginning Teacher Support and
Assessment (BTSA) Peer Assistance and Review (PAR) Coaches
Reinstated 2.0 Beginning Teacher Support and Assessment
(BTSA) and Peer Assistance and Review (PAR) coach positions cut from the budget
in March 2003. The action was necessary because the 14 existing coaches are at
their contractual limit of 18 teachers/coach and approximately 36-40 teachers
still required coaching services. Fiscal impact: $95,105 increase to the
expenditure budget of BTSA and $16,783 increase to the expenditure budget of
PAR (3700) for the remainder of the 2006-2007 school year. Total Categorical
expenditure increase is $111,888. Funding Source: BTSA (Program Code 3312 – 85%) and PAR
(Program code 3700 – 15%)
3.2.5 Increase Full-Time Equivalent
Position (FTE) for the 2006-2007 and 2007-2008 School Year
Added a 1.0 FTE Literacy Coach position at Delta View
Elementary. Fiscal impact: $106,625 increase in the expenditure budget of the
Mandated Cost Reimbursement program for November 1, 2006, through June 30,
2008. Funding Source: Mandated Cost
Reimbursement
3.2.6 Resolution 06/07-41 Provisional
Internship Permit (PIP) Request(s)
Adopted Resolution #06/07-41, authorizing Michael Regalado
to apply for a Provisional Internship Permit (PIP) in order to complete his
assignment for the 2006-07 school year.
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.3.2 Creation of an Instructional
Assistant Position for
Created a 15-hour/week, school-day-only, Instructional
Assistant position at
3.3.3 Eliminate a Vacant Part-time Job Developer Coach
Position and Create a Part-Time Secretary Position for the Workability I
Program
Eliminated one vacant 30-hour/week, school-day-only Job
Developer Coach position and created one 30-hour/week, school-day-only,
Secretary position for the Workability I program. CSEA and CST leaders were
notified of this change. There is no impact to the General Fund. There will be
a savings of $5,777 in fiscal year 2006-2007 and $11,555 for a full year.
Funding Source: Workability Grant (3136)
3.3.4 Change Existing Full-Time Site Technology Support
Technician I Position to a Site Technology Support Technician II Position
Upgraded a 40-hour/week, 10-month/year Site Technology
Support Technician I position that
·
·
Valle
Verde Elementary – reduce from 19 to 17 hours/week for a savings of $2,129 for
2006-2007 fiscal year (PTA).
·
Walnut
Acres Elementary – remain at 11 hour/week with an additional cost of $43 (SIP)
and $25 (PFC) for 2006-2007 fiscal year (SIP .1750% and PFC .1000%).
There is no impact to the General Fund. Funding Source: Parent Faculty Club/Parent Teacher
Association (3970) and School Improvement Funds (3307)
3.3.5 Funding Change for Adult
Education Senior Account Clerk
Transferred .4.6 FTE and associated costs from program code
7901 (Adult Ed. Admin. Costs) to program code 3201 (Perkins Grant). There is no
cost to the General Fund. This results in a cost savings to the Adult Education
fund of $2,988 and a cost to the Perkins Grant of $2,988.
3.4 Approval
of Revised Community Day Expenditures Reports for Fiscal Years 2002-2003;
2003-2004; and 2004-2005
Approved and certified revised FORM Day for fiscal years
2002-2003; 2003-2004; and 2004-2005, thus complying with Education Code Section
48660.2, which requires that at least 90 percent of the funds received by each
local educational agency (LEA) for community day schools be spent on direct
instructional and documented support costs. Fiscal Impact: Avoid $90,409 reduction in state revenue.
Funding Source:
3.5 Memorandum
of Understanding between Mt. Diablo Unified School District and
Approved $7,500 agreement for St. Mary’s College School of
Education to provide coordination and delivery of state-required training for
new teachers with a Preliminary Credential to obtain a Professional Clear
Credential. There is no impact to the General Fund. Funding Source: Beginning Teacher Support and Assessment
Categorical Funds.
3.6 Approval
of After School Education and Safety (ASES) Program Transition Application for
21st Century Community Learning Centers Grant
Approved submittal of an application for a $1,191,712 grant
from the State of California After School Education and Safety (ASES) Program
for 10 elementary schools in MDUSD—Bel Air, Cambridge, Fair Oaks, Holbrook,
Meadow Homes, Rio Vista, Shore Acres, Sun Terrace, Wren Avenue, and Ygnacio
Valley—and 4 in Pittsburg Unified. There is no impact to the General Fund.
Funding Source:
3.7 Approval
for Submission of After School Education and Safety Program Grant
Approved submittal of an application for a $1,148,250 grant
from the California After School Education and Safety Program to begin ten new
comprehensive CARES (Collaborative Academics, Recreation and Enrichment for
Students) After School Programs at Delta View, El Monte, Gregory Gardens,
Hidden Valley, Mountain View, Silverwood, Westwood, and Woodside elementary
schools and Pine Hollow and Pleasant Hill middle schools as well as at four
schools in Antioch, Pittsburg, and West Contra Costa school districts.
3.8 Approval
of Contract Between Mt. Diablo Unified
Approved a $50,500 contract with Antonio Jones to provide training
and technical support in the areas of exemplary practices, youth development
and peer coaching for the expansion of ten (10) additional CARES (Collaborative
Academics, Recreation and Enrichment for Students) After School sites. There is
no impact to the General Fund. Funding Source:
3.9 Award
of Contract for Inspector of Record Services
Awarded $8,500 contract to Paul Lucido to provide required
inspection services for the installation of the new HVAC system at
3.10 Award
of Contract for Conducting Removal Action Oversight, Removal Action Excavation
Activities and Preparing Statutory Reporting and Agency Liaison Activities for
the Removal Action at the Olympic High/Willow Pass Site
Awarded contract not to exceed $34,700 to Shaw Environmental
and Infrastructure, Inc. for comprehensive Removal Action Services on the
Olympic High/Willow Pass property. Funding Source: Proposition 55 funding.
3.11 Award of
Bid 1450
Awarded Bid 1450 to Kel-Tech Builders, Inc. in the amount of
$668,465 to renovate
3.12 Award of
Design Services Contract
Awarded contract not to exceed $14,286 to Wilsey Ham
Engineering, Planning and Surveying for the engineering/design of a paved
service/fire lane at
3.13 Award of
Design Services
Awarded contract not to exceed $11,500 to DASSE Design for comprehensive architectural/engineering
services for a replacement pedestrian bridge at the northern edge of the
3.14 Award
of Professional Services for Hazardous Materials Project Management and
Inspection for HVAC Improvement Program
Awarded contract not to exceed $68,568 to MS Environmental
for hazardous materials management inspection services for Phase I of the
District HVAC Improvement Program. Funding Source: Proposition 55 Funding.
3.15 Contract
Amendment #2 to Consolidated Engineering Laboratories
Approved amendment in the amount of $176,000 to contract
with Consolidated Engineering Laboratories for professional testing services
for the Measure C Program, Group V Schools. Funding Source: Measure C
3.16 Final
Change Orders
3.16.1 to Bid 1364, Contract C-801 to Arntz Builders in the amount of $852,849 for the
modernization and new classrooms at Holbrook Elementary and El Dorado and
Foothill Middle School. Funding Source:
Measure C
3.16.2 to Bid 1437, Contract C-846 to Kel-Tec Builders in the amount of $2,099.18 for
kitchen renovations at
3.17 Notices
of Completion
3.17.1 to Contract C-801, Bid 1364 in the amount of $13,457,253 to
Arntz Builders for the modernization and new classrooms at Holbrook Elementary
and El Dorado and Foothill middle schools. Funding Source: Proposition 55
3.17.2 to Contract C-841, Bid 1426 in the amount of $431,800 to Bleyco,
Inc. for the sports field lighting at
3.17.3 to Contract C-846, Bid 1437 in the amount of $140,384.18 to
Kel-Tech Builders, Inc. for the kitchen renovations at Meadow Homes Elementary
School. Funding Source: Developer Fees
SEPARATE ACTION
3.18 Annual
Renewal of Bi-Tech Services Contract
After requesting that the Board receive a copy of the
agreement each year before it is to be considered for renewal, Eberhart moved,
Allen seconded, and the Board voted 5-0-0 to renew the annual agreement with
Bi-Tech to provide customer support and software updates for the Integrated
Financial Administrative Solution System (IFAS). The contract covers service
from September 15, 2006 through September 14, 2007. The cost of the contract is
$49,800. This amount is already budgeted, so there is no impact to the General
Fund. Funding Source: General Purpose
Funds
4. RECOGNITIONS - None
5. PUBLIC COMMENT
Debbie Birnbaum,
6. COMMUNICATIONS
Mike Noce, MDEA president, congratulated the incumbents on
their re-election, then pointed out the number of votes the other candidates
received and said the incumbents should not take the results as an affirmation
of the status quo. He encouraged Board members to give direction to, rather
than take direction from, the superintendent; to make employee compensation a
priority; and to visit sites and talk to teachers without being accompanied by
the superintendent or his assistants. He chastised the Board for giving the
superintendent an “excellent” evaluation and listed areas (e.g. payroll,
substitute availability, vacant positions) that he described as problems,
saying “morale is at an all-time low.” He said “proficient” would have been a
better rating and, personally, he believes the rating should have been “needs
improvement.” He took issue with the funding source for the BTSA coaches (Item
3.2.4) and said MDEA will support Coach/Specialist positions (Item 9.7) only if
only grant funding is used, with no encroachment on the General Fund. He has
requested the posting for the Resource Teacher positions approved by the Board
on April 11, 2006.
Annie Nolen, CSEA vice president, congratulated Mayo and
Allen on their re-election and Strange on his election to the Board.
7. REPORTS/INFORMATION
8.
SUPERINTENDENT'S REPORT
McHenry congratulated Board members
Allen, Mayo, and Strange on their election. He reported that staff is
investigating complaints about the enrollment process for Sequoia Elementary,
and an adjustment will be made. Now that the Board election is over, he said,
it is time to focus on the District’s goals: improve student achievement; close
the achievement gap; increase attendance; improve maintenance, facilities, and
grounds; meet legal mandates; and garner more public support. Last year when it
looked like the District would be receiving extra money, he asked people how it
should be spent and received the following responses: increasing employee
compensation, restoring positions, addressing legal mandates, and improving the
District’s infrastructure (e.g. adding more positions in certain areas to
provide service). He is asking those questions again this year and will provide
a short summary of identified needs at the November 28 Board meeting. He noted
that even with improvements funded by Measure C, many needs remain, such as new
classrooms, air conditioning, and athletic facilities. He will present a list
of needs to the Board in preparation for a discussion on ways to meet them. He
commented that the best way to meet the needs is for everyone to work
collectively to make it happen. It is time to end the negative rhetoric and
decide to put energy behind garnering greater financial support by working
together for another school bond or a parcel tax, for positions, programs for
students, and to recruit and retain the best work force. The needs cannot be
met with just the base revenue, he said. Other districts use parcel taxes
and/or bonds to meet these challenges, “and they are no better than we are,” he
remarked. “We turn out more graduates than they do. So it’s time for all of us
to work together to make that happen. We will begin the discussion on November
28.”
9. BUSINESS
9.1 Contract Extension for the Superintendent
Treece moved, Strange seconded, and the
Board voted 4-1-0 (Eberhart, no) to extend the contract of the Superintendent.
The contract period is for July 1, 2006, through June 30, 2010.
Public comment
John Parker, parent and member of Measure C Oversight Committee, said he
anticipated negative comments made earlier in the evening and wanted to state
that he thinks the superintendent is doing “a pretty good job.”
9.2 Consider
Approval for Supplemental School Counseling Program – Policy and Rule 6164.2
Allen moved, Eberhart seconded, and
the Board voted 5-0-0 to adopt Board Policy and Administrative Rule 6164.2,
“Guidance/Counseling Services,” necessary to comply with recently adopted
legislation, AB 1802 and SB 131, which created a supplementary school
counseling program for 7th through 12th grade students.
There is no cost to the General Fund. The program provides $70 per 7th-12th
grade pupil based on 2005-2006 CBEDs enrollment, or $1,162,060. The District
will use the funds to hire additional Student Services Coordinators to provide
the guidance/counseling services. Funding Source: Supplementary School Counseling Program.
Presented as information at the October 24 meeting, this item was returned for
action at this time.
9.3 Quarterly
Report on Williams Uniform Complaints
Allen moved, Treece seconded, and the
Board voted 5-0-0 to ratify the October 2006 Quarterly Report on Williams
Uniform Complaints. The reports reflect complaints regarding textbooks and
instructional materials, safe and decent school facilities, and qualified
teachers. This quarter’s report includes the months of August, September and
October 2006 and shows four complaints, three of them resolved and one in the
process of being so.
Public comment
Jerry Okendo, president of LULAC, congratulated the incumbent Board
members for their election. He said he filed a complaint that does not seem to
be reflected in the report. (
Board/staff discussion
In response to Eberhart, Young said the forms used for complaints under
the Williams Settlement are to be available at each school site, but site staff
might not yet be familiar with the special forms as they are still learning
about the new process. He said a person can file a complaint in a variety of
ways and need not use the form. Any complaint, even those filed anonymously,
must be acknowledged and acted upon. Treece asked how a complaint is
formalized. As a parent, she’s had complaints over the years, but they weren’t
necessarily formalized. Alan said staff is having to learn to distinguish among
the types of complaints they hear. Notices required under Williams and posted
at school sites say that complaints about textbooks, facilities, and teacher
qualifications are to be formally recorded and addressed.
9.4 Contract
between Mt. Diablo Unified
Treece moved, Strange seconded, and
the Board voted 5-0-0 to approve a $1,224,576 contract for Progressus Therapy,
Inc. to provide occupational and physical therapy services for the 2006-2007 school
year. Funding Source: NPA Occupational
Therapy budget. Monies have been budgeted for these services.
Board comment
In response to Eberhart, McHenry said some General Fund revenue is used
for this contract. He pointed out that there is a revenue-expenditure gap in
the amount of money the District receives for Special Education services, so
the District needs to supplement that expense with money from the General Fund.
9.5 Public Presentation and Board’s Acknowledgement of
Receipt of
The Board presented its Successor
Agreement Proposal and acknowledged receipt of the Local One, M&O,
Successor Agreement Proposal. By law, school districts are required to
“sunshine” collective bargaining proposals in an open session of the Board.
9.6 Approval
of Four (4) New Hourly Job Descriptions for the After School Program
The following job descriptions were
created to support the After School Program’s enrichment and nutrition
activities:
Job Flat
Hourly Rate
After School Recreation Specialist I $9.00
After School Recreation Specialist II $10.00
After School Site Coordinator I $16.00
After School Site Coordinator II $18.00
There is no impact to the General Fund.
Funding Source: State After School
Education and Safety Program Grant (3871). Presented only as information at
this time, this item will be returned for action at a subsequent meeting.
9.7 Job
Description for Coach/Specialist (Teacher on Special Assignment)
Numerous grants call for coaching
support to implement the goals of the grant. This job description could be used
to support such positions. Presented only as information at this time, this
item will be returned for action at a subsequent meeting.
10. BOARD REPORTS
Strange thanked all who voted for him and said he looks
forward to spending time now on District business. He congratulated Allen and
Mayo on their re-election.
Eberhart said he appreciated the effort the incumbents made
in their campaigns to get elected. He feels they will keep the District moving
in the right direction.
Allen reported that he enjoyed attending the Mt. Diablo High
School Sports Hall of Fame Induction Dinner last Friday, calling it “a real
pleasure.” He thanked all who voted for him and said he thinks “we can get off
to a good start with Board working together with staff.” As he said during his
campaign, it takes both sides working together—not just the Board, or the
administration, or the bargaining units, but all together.
Treece reported on a recent visit to Kearney High in
Mayo announced that
11. ADJOURNMENT Mayo adjourned the meeting at 9:06 p.m.