BOARD MEETING: February 12, 2008

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

Administrative Staff: Superintendent Gary McHenry; Associate Superintendent Alan Young; assistant superintendents Mildred Browne, Roger Bylund, Gail Isserman, and Dick Nicoll

Student Representatives: Samantha Dimetriou, College Park (voting); Kyle Thomson, Clayton Valley; Allison Highberger, Concord; Prince Singh, Mt. Diablo; Michelle Forcier, Northgate; Chris Acevedo, Olympic/Alliance, and Brandon Bratcher, Ygnacio Valley

1. CALL TO ORDER: President Treece called the meeting to order at 6:00 p.m. in the Board Room at the MDUSD Dent Center.

PUBLIC COMMENT: None

CLOSED SESSION: The Board adjourned to Closed Session at 6:01 p.m. in Room 6 at the Dent Center. Topics discussed included six expulsions and 25 requests for readmission, existing litigation (Ceballos v MDUSD), anticipated litigation (one case), and negotiations.

Readmission
Allen moved, Strange seconded, and the Board voted 5-0-0 to approve staff’s recommendation to readmit 11 students and deny readmission to 14 students who did not meet conditions.

2. RECONVENE OPEN SESSION: The Board returned to Open Session in the in the Board Room at the MDUSD Dent Center at 7:30 p.m. President Treece led the Pledge of Allegiance to the Flag and announced the items discussed and action taken in Closed Session.

Expulsions
Student 25-08: Eberhart moved, Allen seconded, and the Board voted 5-0-0 that Student 25-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 25-08 may apply for readmission after June 11, 2008. It is required that Student 25-08 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.

Expulsions
Student 26-08: Allen moved, Mayo seconded, and the Board voted 5-0-0 that Student 26-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 26-08 may apply for readmission after June 11, 2008. It is required that Student 26-08 participate in individual counseling, community service, the COPS program, the District’s Teen Drug and Alcohol Workshop, and show evidence of a successful school experience, prior to applying for readmission.

Expulsions
Student 27-08: Mayo moved, Strange seconded, and the Board voted 5-0-0 that Student 27-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 27-08 may apply for readmission after June 11, 2008. It is required that Student 27-08 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.

Expulsions
Student 28-08: Strange moved, Eberhart seconded, and the Board voted 5-0-0 that Student 28-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 28-08 may apply for readmission after February 29, 2009. It is required that Student 28-08 participate in individual counseling, community service, the COPS program, the District’s Teen Drug and Alcohol Workshop, provide proof of a negative drug test, and show evidence of a successful school experience, prior to applying for readmission.

Expulsions
Student 29-08: Eberhart moved, Allen seconded, and the Board voted 5-0-0 that Student 29-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 29-08 may apply for readmission after June 11, 2008. It is required that Student 29-08 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.

Expulsions
Student 30-08: Allen moved, Strange seconded, and the Board voted 5-0-0 that Student 30-08 be expelled from all schools programs of the Mt. Diablo Unified School District and that Student 30-08 may apply for readmission after June 11, 2008. It is required that Student 30-08 participate in individual counseling, community service, the COPS program, and show evidence of a successful school experience, prior to applying for readmission.

3. CONSENT AGENDA

Mayo moved, Eberhart seconded, and the Board voted 5-0-0 to adopt the Consent Agenda, thereby approving the following items:

3.1 Minutes of the meeting of January 8, 2008.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2 Resolution 07/08-55 Variable Term Waiver Requests

Adopted Resolution #07/08-55 authorizing Michele Asis to apply for a Variable Term Waiver, giving her additional time in the 2007-08 school year to complete certain requirements for the credential that authorizes her service. The waiver request is made when there is not a properly credentialed person available for the position.

3.3 Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

3.3.2 Creation of a Part-Time Community Service Assistant for Pleasant Hill Middle School

Created a part-time, 10-hour/week, school day only, Community Service Assistant position at Pleasant Hill Middle School. There is no impact to the General Fund. This position will be funded by English Language Acquisition Program (ELAP) at a cost of $2,827.80 for 2007-08 fiscal year and $6,200.50 for a full year.

3.4 Intermediate Change Order #2, Bid 1446, Contract C-855

Approved intermediate change order #2 to Bid 1446, Contract C-855, to Bell Products, Inc. in the amount of $318,169.57, fore the removal of existing mechanical systems and provision of new heating, ventilating, and air conditioning systems at Ygnacio Valley Elementary and Clayton Valley and Ygnacio Valley high schools. Funding Source: Proposition 55 funds

3.5 Amendment to Inspector of Record (Project Inspector) Contracts for Group V Measure C Projects – Matthew Kelly

Approved $5,200 increase in contract for Inspector of Record services with Matthew Kelly due to need for additional inspection time associated with the closeout of projects at Silverwood and Westwood elementary schools. Funding Source: Measure C

3.6 Amendment to Inspector of Record (Project Inspector) Contracts for Group V Measure C Projects – Avik Raichoudri

Approved $2,100 increase in contract for Inspector of Record services with Avik Raichoudri due to need for additional inspection time associated with the closeout of projects at Diablo View Middle,, Strandwood Elementary, , Willow Creek, Center, and the Loma Vista campus. Funding Source: Measure C

3.7 Amendment #1 to Contract with Nacht and Lewis Architects

Approved amendment #1 in the amount of $39,555 to contract with Nacht and Lewis Architects. Additional work includes design services in response to site programmatic needs and architectural efficiencies for permanent modular building project at Olympic High School. Funding Source: Proposition 55 funds

3.8 Amendment #3 to Contract with Capital Engineering Consultants

Approved amendment #3 in the amount of $4,000 to contract with Capital Engineering Consultants. Additional work includes comprehensive design and engineering services related to the inclusion of the Serendipity kitchen heating, ventilating and air conditioning system as an addendum to the currently approved Phase IIA Program School (i.e. Concord High, Oak Grove Middle, Bel Air and Rio Vista elementary schools). Funding Source: Proposition 55 funds

3.9 Award of Inspector of Record (Project Inspector) Contract to Paul Lucido

Awarded contract not to exceed $96,000 to Paul Lucido for Inspector of Record contract services related to the site development and installation of utility infrastructure for the new classroom project at Olympic High School. Funding Source: Proposition 55 funds

3.10 Award of Contract to PHd Architects for Architectural/Engineering Services Contract

Awarded contract not to exceed $23,100 to PHd Architects for architectural/engineering services for the design and oversight of the demolition and reconstruction of structurally damaged walls at College Park High School. Funding Source: Measure C

3.11 Award of Contract to Kleinfelder, Inc. for Geotechnical Engineering Services

Awarded contract not to exceed $8,675 to Kleinfelder, Inc. for geotechnical engineering services associated with the construction (build-back) of sixc (6) classrooms at Olympic High School. Funding Source: Proposition 55 funds

3.124 Award of Contract to Kleinfelder, Inc. for Material Testing and Inspection Services

Awarded contract not to exceed $309,295 to Kleinfelder, Inc. for material testing and inspection services, site development and construction of additional classrooms project at Olympic High School. Funding Source: Proposition 55 funds

3.135 Award of Contract to Consolidated Engineering Laboratories for Material Testing and Inspection Services

Awarded contract not to exceed $36,371 to Consolidated Engineering Laboratories for material testing and inspection services for Phase II of the Proposition 55 heating, ventilating and air conditioning (HVAC) mechanical program at Concord High, Oak Grove Middle, Bel Air and Rio Vista elementary schools. Funding Source: Proposition 55 funds

3.14 Award of Bid 1493 to Sabah International, Inc.

Awarded Bid 1493 in the amount of $50,237 to Sabah International, Inc. to remove and replace fire alarm devices and reprogram fire alarm control panels at Bancroft, Holbrook, and Mt. Diablo elementary schools; and El Dorado and Foothill middle schools. Funding Source: Deferred Maintenance

3.15 Consider Increasing Spending Authority for the Contract between MDUSD and STE Consultants

Approved $50,722 contract with STE Consultants, a Non-Public Agency (NPA) provider of behavioral health services that have been designated as part of students’ Individualized Education Plans. Fiscal Impact: The total cost of the contract is $50,722. The previously budgeted amount of $19,184 was paid from the NPA budget (1661). The remaining amount of $31,538 will be funded by reductions in contracts with Communication Works and Deiredre Ryan-Booth.

4. RECOGNITIONS

Superintendent McHenry announced that five elementary school are finalists for California Distinguished School recognition and will be receiving visits from state teams. The schools are Bancroft, Strandwood, Valhalla, Walnut Acres, and Westwood.

5. BOARD FORUM

This item is here for the Board of Education to discuss any issues of concern.

5.1 Committee Minutes

5.2 Board Reports (time limit – 3 minutes)

Strange reported on attending the Concord and the Walnut Creek mayor’s luncheons and meetings of the Community Advisory Committee, the Parent Advisory Committee, the Northgate Coordinating Council, and the first session of the Ygnacio Valley Coordinating Council.

Mayo reported that she’d just spent five days in Sacramento attending meetings of the California State PTA and described some of the activities and actions that took place.

Eberhart said he’s been talking to people about the state budget crisis. He and Strange met with Assemblyman Mark DeSaulnier to discuss the impact of the state budget on the District budget. He also participated on the selection committee for the CSBA Delegate Assembly and attended the Parent Advisory Committee, where the group discussed parents’ request that results of their students’ classroom tests be sent home. He appreciates the sensitivity of staff to balance the parents’ request with the teachers’ need to safeguard their tests. He noted that his effort to effect change in the District is not about what is going on at sites, but what is happening at the District Office.

Allen announced upcoming Concord Chamber of Commerce events, a crab feed on February 22 and the annual chocolate festival on March 9, at which Serendipity students will participate in a “cook-off,” and a golf tournament on April 25. As the Concord Chamber’s chairman he participated in 3-day conference as part of major efforts underway around school reformation in Contra Costa County. He joined with teams from labor, business, government, and K-12 education to discuss comprehensive high school strategies. Dr. Willard Daggett, educational futurist, led discussions on positive school change. He was impressed with the team from MDUSD and their enthusiasm.

Treece, who helped organize the 3-day conference, said more than 50 industry partners and educators from Contra Costa County went to San Diego and immersed themselves in school transformation, looking at best practices going on across the country. Teams from eight high schools in the county attended. Each evening the Contra Costa contingent met as a separate group, discussing strategies for school reform with Dr. Daggett. Everyone from MDUSD who attended has signed up to continue the dialogue. She reported that industry partners are “outraged” at the Governor’s proposals to cut public education and will work to engage more business people to lend industry’s opposition to the extreme cuts in education. She said local industry has been working on school reform issues for 5 years and Mt. Diablo has been center in those discussions.

5.3 Issues of Concern

Treece announced that the Board has been interested in beginning a strategic planning process. With that in mind, the Superintendent is scheduling conversations in high school feeder pattern groups to hear from parents as to their interests for their children’s education. The Board will also be holding study sessions on assorted topics related to school improvement.

6. PUBLIC COMMENT

Mike Noce, physical educator, said MDUSD Board policy requires all 9^th and 10^th graders to be enrolled in P.E. unless they have reason for a waiver, which must be approved by the Associate Superintendent. He has learned that one high school is not following the policy, and he urged the Board to direct staff to adhere to it and to the newly adopted Health and Wellness policy. He also took issue with students being allowed to take courses for original credit during summer school. Susan Reutter, Northgate parent, said her daughter, a music student and varsity swimmer, is being allowed to take P.E. in her senior year, a practice she believes is quite sensible. She said the music teachers say having 10^th graders take P.E. instead of music will be detrimental to the music program. She supports P.E. being offered as a summer class. John Fox, teacher and summer school principal, expressed dismay that the teachers’ union did not agree to continue the tiered level of teacher pay that was implemented last year. He said union members were not asked for their opinion on the issue before the Rep Assembly voted on it. The lower pay impacts the number of teachers who will apply, thus hurting students. Monica Maddern, Northgate choral music teacher, agrees that students must complete two years of physical education, but does not see the need for them to complete the requirement by the end of 10^th grade. She provided rationale for giving students flexibility and said the District should have clear guidelines as to when the student must take the course. Tina Gregory, resident, said the agenda packet does not provide enough information about the audit (Item 10.3) and chastised the District for not handling its finances better. Anne Kracke, Clayton Valley High parent of a music student, spoke in favor of allowing students to take P.E. during summer school or in 11^th or 12^th grade. Joseph Lyons, Northgate parent, spoke of the benefits his daughter gained by postponing her P.E. course requirement so she could focus on performing arts classes. Margaret Vercammen, Northgate parent, also spoke in favor of allowing students to fulfill the P.E. requirement over four years of high school instead of during the first two. Steve Accatino, YVHS music teacher, agrees that P.E. should not be offered in summer school, but does believe students should have the option of fulfilling the P.E. requirement over four years.

Staff comment: McHenry explained that the District’s P.E. policy, adopted in 2003, reads, “Students are to be enrolled in physical education for their first two years of high school unless individually exempted in accordance with the Education Code.“ Students can be exempt under certain circumstances, though the District policy does not delineate those circumstances. California Education Code says students must take a physical fitness exam in 9^th grade. He said staff can update the policy to make it more specific. Alan Young explained that the policy does not specify deferment as a concept. Some sites have used deferment when 10^th grade classes are impacted. The two-year requirement still stands. The majority of students do complete the P.E. requirement at the end of their first two years. He will meet with high school principals and return to the Board with a revised policy.

7. COMMUNICATIONS

7.1 Student Representatives

Samantha Dimetriou, College Park; Kyle Thomson, Clayton Valley; Allison Highberger, Concord; Prince Singh, Mt. Diablo; Michelle Forcier, Northgate; Chris Acevedo, Olympic/Alliance, and Brandon Bratcher, Ygnacio Valley reported on events, activities, and issues at their respective high schools.

7.2 Organizations

Mike Noce, MDEA president, said he hopes that budget cuts are made as far away from classrooms and students as possible. He suggested ask employees who are on leave to extend it, offering a stipend to teachers who announce their retirement before March 1, and providing a retirement incentive. He applauded the Board for adopting a resolution opposing the Governor’s budget proposal and encouraged the members to follow up with actions, involving parents. He explained that the summer school pay rates were not changed. They were approved last year as a one-year rate and, without a new agreement, revert back to the prior rate of $25 per hour.

Karen Sakata, DMA president who has worked in MDUSD for 30 years, explained that she has stayed in the District because it is “exemplary” due to three things: diversity, programs, and people. She said DMA members work to see that Mt. Diablo is distinguished, innovative, and responsive to student and community needs. Factors that make Mt. Diablo exemplary include: systematic training and professional development; the collaborative model, learning centers, and intervention models for Special Education and at-risk General Education students; feeder pattern collaboration; Beginning Teacher Support and Assessment program; 17 California Distinguished Schools, two Blue Ribbon Schools, and five finalists this year; the GATE program; Measure C improvements; support for school climate and behavior (e.g. Building Effective Schools Together; Positive Behavior Support Teams); Class Size Reduction; increases in the graduation rate and in the number of students taking A-G requirements; positive certifications of the District budget by the County Office of Education. She also listed challenges, including competitive compensation for all employees, declining enrollment, greater accountability, and the state budget crisis. She said this is the time to lay aside differences, increase communication and collaboration, and establish a positive working environment. She said DMA members “support the hard work and dedication of our leader, our superintendent, Gary McHenry.” She encouraged everyone to find ways to increase District revenues, pass parcel taxes and bond measures, recruit students back to the District from private schools, increase average daily attendance, and increase District and school communications showcasing quality programs. “Our children deserve our best effort. We cannot disappoint them,” she concluded.

Jacqueline Marvel, MDSPA co-president, said her group took a vote when members learned of the request at the last Board meeting to have Superintendent McHenry tender his resignation, and the subsequent implications for his administrative team. Though small, her group is an integral part of the District and has a vested interest in how things are run at the district level, she said. The group values consistent, open communication with the Superintendent and his administrative team and looks forward to more of the same. Members do not believe that a different superintendent or administrative team would cure the issues MDUSD presently faces. She said now is the time for all the stakeholders in the district to unify to meet the educational needs of all students.

8. REPORTS/INFORMATION: CUSTODIAL STUDY

Maintenance and Operations Director Pete Pedersen provided an update on changes made in custodial services since the Custodial Study of 2004.

9. SUPERINTENDENT'S REPORT: None

10. BUSINESS

10.1 Resolution 07/08-60 In Opposition to Governor’s 2008-09 State of California Budget Proposal

Strange moved, Allen seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-60, strongly opposing the Governor’s 2008-09 budget proposal and urging the Governor and Legislature to discuss all possibilities to solve the budget crisis, including new revenue sources.

Board comment Mayo said she would provide staff in the Superintendent’s Office with a list of web sites that provide information on the state budget. Treece encouraged everyone involved in education to express their opposition to the Governor’s budget proposal.

10.2 Public Hearing and Plan of Action to Address Decrease in Revenue from the State of California

With the Governor’s proposed cuts to K-12 grade education, funding for public education is expected to be reduced by $4.4 billion statewide. For Mt. Diablo, the proposal means a reduction of approximately $129 per ADA from Revenue Limits, $30 per ADA from Special Education, and $146 per ADA from Categorical budgets. The total loss in revenue from 2007-08 to 2008-09 is estimated to be $305 per ADA. To maintain a balanced budget in light of the Governor’s proposed budget, the Board and District staff must prepare to reduce expenditures significantly.

Staff report McHenry used a Power Point presentation to explain the impact of the Governor’s proposal on the District. By the end of the week, he planned to give Board members a list of possible cuts so consideration can begin at the meeting on February 19. In response to McHenry, Board members agreed to hold public meetings on the budget on February 19 and March 4 and to include public hearings during the regular Board meetings of February 25 and March 11.

Public hearing Treece opened the hearing at 9:58 p.m. With no requests to speak, she closed the hearing.

Board comments Strange reiterated that MDUSD receives the lowest level of unrestricted revenue of all school districts in Contra Costa County. The districts receiving the highest revenue, West Contra Costa and San Ramon, both have parcel taxes. He criticized MDUSD for not having a plan over the past several years to push for a parcel tax. Based on information today, he believes the revenue shortfall will be more than $14 million, but cuts of $14 million should suffice given that it usually has a few million in the ending balance. Nullifies efforts to reprioritize the budget because there is nothing to be gained; in the cuts the Board was making, the goal was to make money available for another purpose, i.e. employee compensation. Eberhart said that the presentation showed the magnitude of the impact, but not the actual cuts as it is simply not possible to cut equally from all programs. He said the Board needs to prioritize and analyze program effectiveness before it considers cuts and criticized the superintendent for not providing the Board that opportunity in previous budget cutting. He demanded that staff provide him with an evaluation of all programs before he is asked to cut any of them. He questioned the choice of funding a Student Information System over increasing teacher salaries. He chastised staff for not doing a better job of garnering support for a parcel tax, saying the District would not be in this position if they had.

10.3 Annual Audit Report for Fiscal Year 2006-07

Education Code 41020.3 requires the governing board of each education agency to review, at a public meeting, the annual audit of the agency for the prior year. The Board’s Audit Committee met with the auditors from Perry-Smith & Co. and reviewed the audit for the 2006-07 fiscal year. An adjustment of $822,316 resulting from an invoice for Special Education transportation that came in after the District’s books were closed was made to the District’s financial records. There were some audit findings and recommendations regarding student funds, accounts payable, attendance accounting and Proposition 20 Lottery Funds. District staff reviewed these findings and recommendations and provided a written response to each finding.

Auditor’s report David Becker of Perry-Smith & Co., explained each section of the Audit Report. The auditors focus on financial statements and state and federal compliance areas and issue four auditor’s reports a year. The District’s financial statements received an “unqualified” opinion, which is the best rating as it means the statements are fairly presented.

Board comment Mayo noted that the Board was made aware of the audit exception of $822,316 when the First Interim Report was presented at the December 12, 2007, meeting. The notification appears in the minutes, posted on the District web site, for that meeting. She also said the complete Audit Report is posted on the web site under Fiscal Services and can be downloaded from there. In response to Mayo, Nicoll explained that staff have reviewed the procedures for tracking invoices so the problem with the late invoice will not happen again. She said Becker told the Board Audit Committee that there will be eight new audit standards and other changes in the auditing process next year. In response to Eberhart, Nicoll explained the reasons for the Audit Report coming to the Board at this time rather than in January, as is standard. Strange asked questions about staff’s handling of the Special Education transportation invoice.

Board action

Strange moved, Eberhart seconded, and the Board voted 5-0-0 to accept the annual Audit Report as presented.

10.4 Resolution 07/08-61 Denying the Petition to Form the East Bay Public Charter Academy

In November 2007 Eastbay Public Charter Academy submitted to MDUSD a petition to form a public charter school to serve Grades K-5, with a proposed first year of operation in 2008-09. Education Code Section 47605(b) requires the Board to hold a public hearing on a charter school petition within 30 days of its submission to determine the level of public support for it. The timeline was extended thirty (30) days pursuant to mutual agreement of the parties. The public hearing was held on January 8, 2008. At this meeting Roger Bylund reported that staff, including the General Counsel, reviewed all aspects of the proposal and had many questions. For example, it does not appear that all the proposed teaching staff are credentialed, the budget is not sufficient, and services to students with special needs and to English language learners are lacking. Staff recommended that the petition be denied.

Board action
Strange moved, Eberhart seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-61 denying the Petition to Form the East Bay Public Charter Academy

Procedural action: It being ten minutes to 11:00 p.m., when Board meetings are required to end unless extended by a vote of the Board, Mayo moved, Allen seconded, and the Board voted 4-1-0 (Eberhart, no) to extend the meeting to no later than 11:50 p.m.

10.5 Resolution 07/08-56 Determining District Needs for 2008-2009 and Adopting Criteria for Determining Order of Seniority for Those Certificated Employees with the Same Date of First Paid Probationary Services

In accordance with Education Code 44955(b), the Board of Education must order the seniority of certificated employees who first rendered paid service to the District in a probationary position on the same date. The Governing Board must determine the order of seniority “solely on the basis of the needs of the District and the students thereof.” Gail Isserman explained the procedures being used in the process for informing teachers who may be laid off due to budget cuts.

Board action Allen moved, Strange seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-56, establishing the needs of the district and students and the criteria for determining seniority for those certificated employees with the same dates of first paid probationary service.

10.61 Project Labor Agreement for Selected Projects

Pursuant to Board direction, the District has established a Project Labor Agreement (PLA) with the Contra Costa Building and Construction Trades Council. This agreement includes construction of four to nine classrooms at sites and the installation of new heating, ventilation, and air conditioning systems at selected district schools to be determined at the sole discretion of the District.

Public comment Nicole Goehring of Associated Buildings and Contractors, which represents non-union contractors and builders, urged the Board not to approve a PLA and provided reasons to support her request. John Parker, parent and member of the Measure C committee, voiced concerns about the PLA and said the pilot project the District conducted under a PLA “did not live up to expectations.”

Board comment Eberhart noted that he had “an honest discussion” with Parker earlier in the day and though he respects Mr. Parker and his commitment to the District, he respectfully disagrees with him. As a contractor himself, Eberhart says he sees higher quality work from prevailing wage union labor and believes that the community benefits from union projects. Allen said he reviewed each side of the question when the Board considered PLAs a couple of years ago and does support them. Mayo said District policy requires prevailing wages to be paid to anyone working on a project in the District. A look at assorted District projects would not show which had been done by union labor and which not. She noted that signed copies of the 18 Master Agreements have not been included in this PLA. Treece said she is very supportive of PLAs and believes union projects are of high quality than non-union.

Board action

Eberhart moved, Strange seconded, and the Board voted 4-1-0 (Mayo, no) to approve a Project Labor Agreement as presented.

10.7 Deferred Maintenance Plan

AB 939 Education Code 17584.1 requires that “the governing board of a school district shall discuss proposals and plans for expenditures of funds for the deferred maintenance of school district facilities at a regularly scheduled public hearing.” Mayo noted that $450,000 in Phase I and another $450,000 in Phase II of the Energy Conservation Program have been allocated for heating, ventilation, and air conditioning (VVAC) at Northgate High. Nicoll said the funding plan the Board approved for the Energy Conservation Program included the use of some Deferred Maintenance funds for the HVAC improvements at Northgate.

Public hearing Treece opened the public hearing at 11:13 p.m. With no requests to speak, she closed the hearing.

10.8 Consider Approval of Reorganization Plan for Administrative Services and the Fiscal Services Department

Until 2005 a director-level position that reported to the Assistant Superintendent of Administrative Services was responsible for oversight of the Fiscal Services Department, including Fiscal Services, Payroll, Accounts Receivables and Payables. In early 2005 the director position was upgraded to a Chief Financial Officer position in order to recruit a highly competent and skilled financial officer. One reason for the change was to decrease the responsibility of the Assistant Superintendent, Administrative Services, who had major responsibilities for the Measure C-funded facilities improvement program. With the Measure C program almost completed and the need to reduce expenses to balance the budget, the Superintendent recommended a reorganization plan for the Fiscal Services Department:

Eliminate Position of: Annual Cost

Chief Financial Officer $192,758
Director of Budget and Accounting 155,266
Senior Account Clerk (vacant) 58,736

Total Cost $406,760

Add Position of: Annual Cost

Director of Fiscal Services $175,082
Range 45, Managers Salary Schedule
Payroll Analyst 83,181
Range 596, Local One, CST, Salary Schedule

Total Cost $258,263

Fiscal Impact: $148,497 savings to General Fund

Board comment In response to Eberhart, McHenry said advertising for the Director and the Payroll Analyst positions will occur quickly. Eberhart complimented Nicoll for stepping in and applying a steady hand when the District needed someone to oversee Fiscal Services when Chief Financial Officer Gloria Gamblin retired. Allen suggested that the salary for the positions be listed as “competitive” in case the market requires it to be higher. Strange also voiced strong support for Nicoll’s management of the Fiscal Services Department.

Board action Eberhart moved, Allen seconded, and the Board voted 5-0-0 to approve the reorganization plan as presented.

10.9 Award of Bid 1492 to Taber Construction, Inc

Strange moved, Allen seconded, and the Board voted 5-0-0 to award Bid 1492 to Taber Construction, Inc. to remove existing mechanical systems and install heating, ventilation, and air conditioning at Bel Air and Rio Vista elementary schools; Oak Grove Middle School, and Concord High School. Fiscal Impact: $6,395,800 (base bid); $80,000 (alternate #1); $52,000 (alternate #2). Funding Source: Proposition 55

Public comment John Parker, parent and Measure C committee member, asked how the Board can consider this award of bid when it had not yet voted to approve a PLA (as it did in Item 10.6). Nicoll said the PLA document was included in the bid paperwork.

10.10 Award of Bid 1497 to Rock Construction, Inc.

Allen moved, Eberhart seconded, and the Board voted 5-0-0 to award Bid 1497 to Rock Construction to provide the prototypical classrooms 2007 at Cambridge and Meadow Homes elementary schools; and Mt. Diablo High School. Fiscal Impact: $1,549,000. Funding Source: Quality Education Initiative Act (QEAI) grant.

10.11 Resolution 07/08-57 Intent to Dedicate Easements at Pleasant Hill Education Center

Strange moved, Eberhart seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-57, declaring its intent to dedicate easements at the Pleasant Hill Education Center to the Pleasant Hill Recreation and Park District. Education Code Section 17556 authorizes the Mt. Diablo Unified School District to dedicate or convey an easement to any public entity through a process. The public hearing will be scheduled and the request for Board action on this resolution brought to the Board at its February 25, 2008, meeting.

10.12 Memorandum of Understanding with Contra Costa Health Services for Mobile School-Based Health Clinics

District staff have been working with Contra Costa Health Services on a plan to provide mobile school-based health clinics that will rotate among several MDUSD campuses, providing up to 20 hours of services per week. The campuses to be served are Fair Oaks, Ygnacio Valley, Cambridge, and Meadow Homes elementary schools; Glenbrook and Oak Grove middle schools, and Mt. Diablo and Ygnacio Valley high schools. There is no impact to the General Fund. Student Services Director Margot Tobias and Dr. Walker, Contra Costa County Health Department, provided information and answered questions about the mobile health clinics.

Board comment Mayo said she is excited to see this program begin in the District as she has always been supportive of site-based health services. She regrets state budget cuts to health and social services too, and encouraged the public to fight cuts to those programs as avidly as they do for education. Treece said she is “thrilled” to have mobile health clinics available to students, though she has reservations about the provision of reproductive health services without parental consent. She will share those concerns with those involved in the clinic program.

Presented only as information at this time, this item will be returned for action at a subsequent Board meeting.

10.13 Board Committee Assignments

President Treece announced that she has made Board committee assignments for the period of January 1, 2008, through December 31, 2008.

10.14 Williams Quarterly Summary Report, January 31, 2008

Allen moved, Strange seconded, and the Board voted 5-0-0 to ratify the Williams Quarterly Summary Report on Williams Uniform Complaints, dated , January 31, 2008. Quarterly reports reflect complaints regarding textbooks and instructional materials, teacher vacancy or misassignments, and facilities conditions. This quarter’s report includes the months of November and December 2007 and January 2008. The report listed four complaints of teacher vacancy or misassignment, with two of them resolved

Board comment In response to Eberhart, Young explained that complaints are listed by reason not by the number of complainants, so if 35 people wrote e-mails about a single teacher vacancy, it would be listed as one complaint under the Williams Report.

11. ADJOURNMENT

Treece adjourned the meeting at 11:33 p.m.

Gary McHenry, Secretary