MT. DIABLO UNIFIED
BOARD
MEETING – November 28, 2006
ATTENDANCE: Board: Linda Mayo, Gary Eberhart,
Administrative Staff: Superintendent
Student Representatives: Marina Bohn,
Clayton Valley (voting); Lexie
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
2. RECONVENE OPEN SESSION: The Board returned
to Open Session at 7:30 p.m. President Mayo
led the Pledge of Allegiance to the Flag.
Conference with Real Property Negotiator: Oak Park
Elementary School site
Eberhart moved, Treece seconded, and the Board voted 5-0-0 to direct staff to
1) remove the estoppels language from the proposed purchase agreement, 2) send
letters to the County Board of Supervisors, the Pleasant Hill City Council, and
the County Flood Control and Water Conservation District explaining that the
language had been included to record the MDUSD Board’s objection to having
school district property used as a 100-year flood control basin, and 3) attend,
with a member of the Governing Board, the Contra Costa County Board of
Supervisors meeting on December 12, 2006.
Expulsions:
Student
15-07: Strange moved, Allen seconded,
and the Board voted 5-0-0 that Student 15-07 be expelled from all schools and
programs of the
Mayo
reported the items discussed and action taken in Closed Session.
3. CONSENT AGENDA
After removing Item 3.13 for further discussion at
Eberhart’s request, Treece moved, Strange seconded, and the Board voted 5-0-0
to approve the remaining items:
3.1 Minutes
of the meeting of October 24, 2006.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence,
Resignations, Retirements, Employment
3.2.2 Resolution 06/07-43 Education
Code 44258.2 - Board Authorization
Adopted Resolution #06/07-43, authorizing Jeffrey Juico, 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 Increase in Full-Time
Equivalent Position (FTE) for 2006-2007
Added a 1.0 FTE vice principal position at Walnut Acres
Elementary in accordance with Administrative Rule 4113.1, “Staffing Ratios.”
The school’s enrollment exceeds 700 students, making it eligible for additional
administrator. This action will result in an increase in the expenditure budget
of the General Fund in the amount of $63,062 for the period of November 2006
through June 2007.
3.2.4 Memorandum of Understanding and Agreement to Provide
Education Specialists and Teaching Interns
Approved an agreement with St. Mary’s College to support
student interns in their progress toward full state qualification and retention
as high-quality teachers.
3.3 Classified
Personnel
3.3.1 Leaves of Absence,
Resignations, Retirements, Employment
3.4 Monthly
Budget Transfers and/or Budget Increases/Decreases for the Month of October
2006
3.5 Fiscal
Transactions for October 2006
3.6 Award
of Request for Proposal (RFP) 1448
Awarded RFP 1448 to Service Pro Security to provide districtwide
security guard services (unarmed) 365 days a year for one year, with an option
to extend the contract for two additional one-year periods. Fiscal Impact: $103,369.75
Funding Source: General Fund
3.7 Award
of Request for Quotation (RFQ) 1451
Awarded RFQ 1451 to Prins Pool Remodeling to replace pool
tile at
3.8 Award
of Request for Quotation (RFQ) 1452
Awarded RFQ 1452 to Martinez Sheet Metal, Inc. to provide
air conditioning at
3.9 Award
of Request for Quotation (RFQ) 1453
Awarded RFQ 1453 to Martinez Sheet Metal to replace the
heater at
3.10 Contract
Amendment to Western Construction Services/California (WCS/Ca) for Phase I of
the Board Approved Proposition 55 Heating Ventilation Air Conditioning (HVAC)
Improvement Program
Approved amendment in the amount of $138,677 to the contract
with Western Construction Services/California (WCS/Ca). Amendment calls for
labor compliance administration required for the first phase of HVAC
improvement projects at the following schools:
3.11 Final
Change Order – Bid 1363, Contract C-800
Approved final change order to Bid 1363, Contract C-800 to
Sausal Corporation in the amount of $494,888 for the modernization and
construction of new classrooms at Highlands and
3.12 Notice
of Completion – Bid 1363,
Contract C-800
Approved notice of completion to Bid 1353, Contract C-800 in
the amount of $16,469,888 to Sausal Corporation for providing the modernization
and new classrooms at Highlands and
3.13 Independent
Service Contract for Speech-Language Pathologist through CompHealth Medical
Staffing
See “Separate Action,” below.
3.14 Independent
Service Contract for a Speech-Language Pathologist through Communication Works
Awarded $80,000 contract to Communication Works for
speech-language pathologist services. Funding Source: Related Services Other Specialized –
Operating Budget (1219).
3.15 Addendum
to Real Property Lease Agreement – The Creek, A
Approved addendum to the lease agreement with The Creek, A
Middle School Youth Center located at
3.16 Middle
and High School Counseling Program Application
Approved the submittal of an application for the state’s Middle
and High School Counseling Program and the acceptance of funding, if the grant
is awarded to the District. Funding Source:
Assembly Bill 1802. Fiscal Impact:
Estimated amount – $1,162.060
SEPARATE ACTION
3.13 Independent
Service Contract for Speech-Language Pathologist through CompHealth Medical
Staffing
In response to Eberhart, McHenry said the caseload for
speech-language pathologists (SLPs) is approximately 55 students each. The
District has not been able to fill all the SLP positions, so has been
contracting out for the services since 2000. This year 5.8 of the 49 SLP
positions are vacant. Recruiting is difficult because surrounding districts
have placed SLPs on a different salary schedule (than teachers), and compensate
them from $5,000 to $10,000 more than
Board action Eberhart moved,
Allen seconded, and the Board voted 5-0-0 to approve a $103,000 contract with
CompHealth Medical Staffing for speech-language pathologist services. Funding
Source: Related Services Other
Specialized – Operating Budget (1219).
4. RECOGNITIONS - None
5. PUBLIC COMMENT
The following Northgate High parents
provided reasons they believe the school’s football coach should be replaced:
John Moore, Kerry West, Jennifer Rounds, Pat Rounds, Sue Anderson, Brenda
Imani, Anne Deibert, Mark Lynch, Jerry Okendo, Tony Ucciferri, Chuck Weber.
Board question
Mayo noted that the speakers indicated they had submitted a complaint
and asked McHenry what the follow up would be. He explained that the Northgate
High principal met with parents last night and will be preparing a response. If
parents are not satisfied with the principal’s decision, they may appeal to the
District Administration.
6. COMMUNICATIONS
6.1 Student Representatives
Marina Bohn, Clayton Valley; Lexie
6.2 Organizations
7. REPORTS/INFORMATION
– None
8.
SUPERINTENDENT'S REPORT
McHenry reported that several parents have sent e-mails to
Board members and himself regarding the new state grants for arts, music, and
PE. He read his response to the messages, which states that no money has been
received as yet and no decisions made about how it will be spent. Curriculum
and Instruction Director
9. BUSINESS
9.1 2006-2007
Single Plan for Student Achievement
Senate Bill 374 requires that, as a
condition of receiving funding for specified categorical programs, each school
that operates those programs must consolidate all plans required by them into
one, to be known as the “Single Plan for Student Achievement.” McHenry noted
that the plans for the District schools fill five large binders. To give Board
members enough time to review them, this item will be returned for action at
the December 12 meeting.
Staff report
Board comment
Mayo expressed appreciation for all the work that site and district
staff have put into the single plans. She asked a number of questions about the
plans. McHenry asked that data on student retention be included in the plans.
9.2 Opportunity for Public Response to Public Employees
Public Employees Union, Local One M
& O and the Board’s Successor Agreement proposals were officially presented
at the November 14 Board meeting. At this time, they were presented for public
response. Mayo opened the public hearing at 8:50 p.m. With no requests to
speak, she closed the public hearing.
9.3 Request to Approve Job Description for Coach/Specialist
(Teacher on Special Assignment) and Creation of One (1.0) Full-Time Equivalent
(FTE) Position
Strange moved, Treece seconded, and
the Board voted 5-0-0 (Student Rep, yes) to approve the job description and
create a 1.0 FTE Coach/Specialist position to support and fulfill the goals of
the Teaching American History grant. Fiscal Impact: $59,792
Funding Source: Teaching American
History Grant
9.4 Naming
of the Newly Renovated Northgate Little Theater
Allen moved, Eberhart seconded, and
the Board voted 5-0-0 to approve naming the newly renovated little theater at
Northgate High School the Jack DeRieux Little Theater as requested by the
Northgate administration, faculty, students, and parents in a letter presented
to the Board at the November 14, 2006, Board meeting. For 25 years, until his
retirement in 2004, Jack DeRieux was the drama teacher at Northgate, building a
program with a reputation for excellence. Former students are actively working
in all areas of the performing arts; at least four are drama teachers in Bay
Area schools. As per Administrative Rule 7310, the name will remain in effect
during DeRieux’s lifetime. Following the Board vote, DeRieux called the honor
“awesome” and thanked the Board for its support.
9.5 Discussion
and Development of Plan of Action to Address the Needs Assessment
Over the last year students,
employees, and parents have been asked to name specific needs they believe the
District must address. On Monday, November 13, District administrators held
meetings with employees and parents at school sites to follow-up on the
comments made during the 2005-2006 school yea, discuss uses for new state
funding, and address concerns about some of the District’s needs. McHenry
described some ways to finance solutions to the needs: a districtwide education
foundation; a facilities improvement bond; a maintenance and lighting district;
and a parcel tax.
Public comment
John Ferrante, community member and chair of the Measure C committee,
said he’d like to see a new high school in Bay Point as well as wood shops,
auto shops, and machine shops on the list. He expressed concern about the
purchase of a new Student Information System and urged staff to do lots of
research to make sure they buy one that works. He said he would support a new
bond as there are still facility improvements remaining to be done even with
the good work that Maintenance and Facilities Director
Board/staff discussion
At Mayo’s request, McHenry described three different funding mechanisms:
facilities bond, parcel tax, and maintenance and lighting district. He said the
District cannot use facility bond money to pay employee salaries though it can
fund positions needed for facility improvement projects. There is more
flexibility with a parcel tax; many surrounding districts use a parcel tax to
pay for student programs, class size reduction, specific positions, and even to
provide a portion of a salary increase in order to attract and retain teachers.
Money from a maintenance and lighting district assessment can be used only for
grounds and landscape. A two-thirds majority of property owners is required for
passage. Mayo noted that a parcel tax requires a two-thirds majority of voters
for passage; a bond, 55 percent (under Proposition 39).
In response to Strange, McHenry said
a maintenance and lighting district assessment usually stays in place about
seven years. Funds can be used for some personnel, but they must be related to
projects that improve and maintain fields. Also in response to Strange, Nicoll
said property owners in the Walnut Creek school district pay several hundred
dollars per parcel as a tax and have a couple of school bonds as well. Strange
said a friend in San Ramon pays a parcel tax of $200 a year. In response to
Allen, Nicoll said typically a district sets the term of any parcel tax, though
a term is not always necessary. Also in response to Allen, Nicoll said a tax
can be levied on just a part of a district. Treece suggested that a combination
of funds be considered, noting that other districts do this and that the
original needs list put together for Measure C in 2001 totaled $600 million.
She believes that for MDUSD to continue with facilities improvements, to
restore programs and positions, and to be competitive in the marketplace, it
needs to do what similar districts do—receive funds through a number of
taxations of its population.
In response to Eberhart, McHenry said
it would take at least a year to prepare for an election. Preparation would
include a community survey. He mentioned November 2007 and March and June of
2008 as possible election times. “To get this through,” he said, “will require
a lot of working together on all our parts.” He invited Board members to share
questions for staff to investigate. Eberhart agreed that the entire community
needs to be on same page to achieve the percentages that voter approval
requires. He called the bond an important tool to improve facilities, but
believes a parcel tax provides the flexibility for the District to be
competitive with surrounding districts. He is concerned that upcoming employee
contract negotiations might make it difficult to pass a parcel tax or bond. He
would like to see a commitment that everyone will work together, but knows that
is difficult when all the bargaining units are involved in negotiations. He
supports an election, and thinks the timing of it must take the negotiations
timeline into consideration. McHenry said he’s discussed the matter of a bond
initiative/parcel tax with the leaders of the District’s employee groups. Some
said they would support it; all said they’d at least bring the issue to their
members. McHenry pointed out that the District’s needs are great enough that
“we can’t wait seven months to get started.” He plans to have more discussions
with labor leaders, employees, and parents to gauge their support. At some
point staff will consider if it’s time to do a survey.
Eberhart said that with both Measure
A and Measure C the community trusted the District with their money. He said it
will be hard to get community support if employees, as they did during the last
contract negotiations, are making negative comments about the District up until
the contract is successfully negotiated. Treece called the issue “a Catch-22”
in which “you need one before you do the other.” She said it is important to
discuss the subject with staff, parents, community members, and key leaders in
the community. “In trying to do the right thing for our employees,” she said,
“we’re strapped with the unpredictable resources we get every year,” making it
unwise to take on a high degree of risk. She noted that EdSource, a neutral analyst, is advising districts to prepare for a
tighter state budget in 2007, so the District needs a funding source that is
not dependent on state financing in order to compete with other districts.
In response to Strange, McHenry said
the District can conduct a community survey; it cannot conduct an election
campaign. He explained that a survey would take a couple of months after a
consultant to do it is retained. Strange said the idea of a districtwide
foundation is good, but not if it competes for funding with school fundraising.
He would like to explore the idea because a districtwide foundation has merit,
but only if it does not detract from what schools are doing. In response to
Treece, Nicoll said the community survey can include questions on all the
potential funding mechanisms. Mayo pointed out that both Measure A and Measure
C still have a lifespan of at least another 12 years. The Board needs to
consider the impact of new taxes on the assessments District residents are
already paying and also be assured that, based on the work going on, they can
see that the District is giving them value for their dollar. She suggested that
the Board may want to consider having two assessments, first getting approval
for a maintenance and lighting district, which is the lowest cost mechanism,
and then moving toward a parcel tax.
McHenry asked Board members if there
is additional information they need from staff before making a decision.
Strange expressed support for a consultant to provide guidance and, if the
Board deems it necessary, a survey. Eberhart agreed, saying it would be helpful
during the preliminary planning stages to get advice from a political consultant
who understands school bond and parcel tax issues. Nicoll said the District can
use public funds for public opinion research, but not for anything related to
strategic decisions about influencing voters. Mayo suggested the Board schedule
a public hearing on the topic and also discuss it in meetings with parents and
other groups.
McHenry recommended the Board hold a
public hearing on December 12 and at the first meeting in January consider a
contract for consultant to help with public survey. Allen said it’s better for
Board members and staff to go out into community rather than ask people to come
to a hearing at the District Office. McHenry will develop a short presentation
and a schedule for small group meetings that Board members and senior administrators
can hold throughout the district to garner public opinions.
9.6 Creation
of a Budget Advisory Committee
McHenry reported that in the past the
Board of Education has considered establishing a Budget Advisory Committee, but
has put off a decision for a variety of reasons. At this time he asked if the
Board wants to create such a committee beginning with the 2007-2008 budget
development process. He stressed that the committee would serve in an advisory
capacity to the Superintendent and not decision-making one.
Public comment
John Ferrante, community member, said school finance is an area where
community members cannot get too much information; a committee would help
provide needed information and understanding of where money is and is not being
spent.
Board comment
Allen expressed support for the committee, but cautioned against relying
on it to provide input to the Board. He said the Board should still hold public
meetings to seek public comments. Eberhart also supports the committee, saying
it is important for the members to understand not only how staff develops the
budget but also how the budget supports District goals. He, too, stressed that
the committee must be advisory to the Superintendent and not a policy-making
group. He is confident that the District community is ready to step up to the
challenge. Treece said she is concerned with the amount of staff time it takes
to manage such a committee, with the committee’s providing advice on student
programs and budget reductions, mentioned among its purposes, and with the
“quick” timeline for establishing the group, given that it’s the holiday
season. She agrees that there is great value in having the business community
represented. Strange said he “strongly supports” the committee. Mayo said the
Measure A committee has proven that the more the members become engaged in the
process, the more valuable the advice. She believes it is important that all
members be residents of the District.
Board action
Allen moved, Strange seconded, and the Board voted 5-0-0 to create a
Budget Advisory Committee, with the Superintendent to bring to the next Board
meeting a revised plan based on the comments made this evening.
10. BOARD REPORTS
Allen reported that he attended a
reception in honor of Alternative Education Director
Mayo expressed appreciation for
Gloria Magleby’s letter in the Contra
Costa Times in support of Mt. Diablo High.
11. ADJOURNMENT Mayo adjourned the meeting at 10:52 p.m.