MT. DIABLO UNIFIED SCHOOL DISTRICT

 

BOARD MEETING – July 17, 2007

 

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

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

 

1.             CALL TO ORDER

The meeting was called to order by President Eberhart at 6:30 p.m. in the Little Theater at Northgate High School.

 

PUBLIC COMMENT:  None

 

CLOSED SESSION:  The Board adjourned to Closed Session at 6:31 p.m. in room 19 at Northgate High School. Topics discussed included negotiations and public employee discipline/dismissal/release/complaint.

 

Public employee discipline/dismissal/release/complaint
Allen moved, Treece seconded and the Board voted 5-0-0 to terminate classified employee ID 13696 effective May 25, 2007.

 

2.             RECONVENE OPEN SESSION:  The Board returned to Open Session at 7:07 p.m. Eberhart led the Pledge of Allegiance to the Flag and reported the action taken in Closed Session.

 

3.             CONSENT AGENDA

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

 

                3.1          Minutes of the meetings of May 8, May 22, and June 5, 2007.

 

                3.2          Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.2.2 Resolution 07/08-1 Education Code 44258.2 – Board Authorization

Under Ed. Code 44258.2, holders of single subject or secondary credentials who have 12 lower division or 6 upper division units in a subject can be authorized, by Board authorization, to teach that subject(s) in a middle school for the 2007-2008 school year.

 

3.2.3 Resolution 07/08-2 Education Code 44263 – Board Authorization

Under Ed. Code 44263, holders of any California teaching credential who have 18 lower division units or 9 upper division units in a subject can be authorized, by Board Authorization, to teach that subject(s), full or part time.

 

3.2.4 Resolution 07/08-3 - Variable Term Waiver Requests

Variable term waivers provide applicants with additional time to complete certain requirements for the credential that authorizes the service. The waiver request is made when there is not a properly credentialed person available for the position.

 

3.2.5 Recommendation for Preliminary or Professional Clear Teaching Credential

Upon completion of a two-year District Intern Program, the holder of a District Intern Certificate must have the formal recommendation of the Governing School Board to apply for their Preliminary or Professional Clear Teaching Credential pursuant to California Ed. Code   44328.

 

3.2.6 Memorandum of Understanding (MOU) with Point Loma Nazarene University for Administrative Services Internship

The purpose of this MOU is to engage Mt. Diablo Unified School District and Point Lomas Nazarene University in a partnership to support Administrative Interns working toward a Preliminary Administrative Services credential.

 

3.2.7 Memorandum of Understanding (MOU) with California State University, East Bay, to establish a Multiple Subject Credential Cohort from May 21, 2007, through December 31, 2008.

The Mt. Diablo Unified School District Cohort will be an in-district Multiple Subject Credentialing program in partnership with California State University, East Bay, to help intern teachers and classified assistants obtain a Multiple Subject credential.

 

3.2.8 Application and Plan for Teacher Recruitment and Retention Program (TRRP) funds

The District is eligible for state funding of $25.45 per student to support teacher recruitment and student learning at Deciles 1-3 schools. The Board is being asked to approve the Tentative Plan for Expenditures, which must be submitted with the application for funding. Fiscal Impact: Approximately $200,000 in restricted funding. Funding Source: State Budget Act of 2006

 

                3.3          Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

 

3.4          Intermediate Change Order, Bid No. 1429, Contract C-842 – Facilities at Olympic High

                Intermediate change order in the amount of $320,953.76 to Taber Construction for additional tasks associated with new classrooms, softball field, and parking facilities at Olympic High. Funding Source:  Proposition 55 and Measure A funds

 

3.5          Intermediate Change Order, Bid No. 1467, Contract C-858 – Relocation of Bridge Program to Loma Vista

Intermediate change order in the amount of $356,302 to Kel-Tec Builders, Inc., for additional tasks associated with the relocation of the Bridge Program to the Loma Vista Adult Center site. Funding Source:  Proposition 55 funds

 

3.6          Final Change Order, Bid 1397, Contract C-822 – Arntz Builders, Inc.

Final change order to Bid 1397, Contract C-822 to Arntz Builders, Inc., in the amount of $666,333 for various utilities projects at Gregory Gardens, Pleasant Hill, Sequoia, and Valhalla, elementary schools. Funding Source:  Measure C

 

3.7          Notice of Completion to Contract C-822, Bid 1397

Notice of completion to Contract C-822, Bid 1397 to Arntz Builders, Inc., in the amount of $17,126,262. for new classrooms and modernization at Gregory Gardens, Pleasant Hill, Sequoia, and Valhalla, elementary schools. Funding Source:  Measure C

 

3.8          Purchase Order for new modular classrooms

Currently there is a need for the District to procure and install two (2) 30’x32’ pre-fabricated restroom buildings, one at College Park High and the other at Mt. Diablo Elementary. Unit prices for these buildings are included in Bid 1459, which the Board approved on March 13, 2007. Staff requests approval to execute a purchase order for the restroom buildings. Fiscal impact: $820,268. Funding Source:  Measure A

 

4.             RECOGNITIONS – None

 

5.             BOARD FORUM

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

 

5.1          Committee Minutes - None

 

                5.2          Board Reports

Linda Mayo advised community members of the Federal House of Representatives July 18, 2007 legislative calendar which will include consideration on the 2008 Labor, Health and Human Services and Education Appropriations Bill. Although we would wish for more funding, the House bill provides higher funding levels than the President's January proposal and the Senate's version adopted on June 28, 2007. Following the approval of the House version, a joint Conference Committee will be convened to determine legislation to forward to the President. To view the House proposal visit www.House.gov, Appropriations Committee and then contact your Representative regarding your position by phone or fax tonight.

 

                5.3          Issues of Concern – None voiced

 

6.             PUBLIC COMMENT - None

 

7.             COMMUNICATIONS - None

 

8.             REPORTS/INFORMATION – None

 

9.             SUPERINTENDENT'S REPORT

McHenry announced that should the special Board meeting of July 24 be cancelled tonight, the next regular Board meeting will take place on August 14, 2007, at Northgate High School.

 

10.          BUSINESS

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

Allen moved, Treece seconded, and the Board voted 5-0-0 to appoint Felicia Bridges as Coordinator, Student/Community Services 9-12. She will be assigned to Olympic High.

 

                    10.2    Appointment of Elementary School Vice Principal(s)

Strange moved, Mayo seconded, and the Board voted 5-0-0 to appoint Charmion Brown as Elementary School Vice Principal. She will be assigned to Bel Air Elementary.

 

                    10.3    Create Position and Approve Job Description: Integrated Systems Project Manager

Strange moved, Treece seconded, and the Board voted 5-0-0 to create position and approve the job description of Integrated Systems Project Manager. This position and job description were developed in response to a Fiscal Crisis Management and Assistance Team (FCMAT) recommendation for improving the Districts’ Personnel/Payroll system. The position will be placed at Range 36 ($97,793 -118,869) of the Management salary schedule and will be temporary through June 30, 2010.

 

10.4    Appointment of Integrated Systems Project Manager

Mayo moved, Treece seconded, and the Board voted 5-0-0 to appoint Silvia Esteban as Integrated Systems Manager.

 

                    10.5    Job Description: Personnel Coordinator

Allen moved, Strange seconded, and the Board voted 5-0-0 to approve the job description of Personnel Coordinator. At its June 26, 2007, the Board approved the elimination of the Personnel Analyst (Confidential) position and the creation of a Personnel Coordinator (Management) position. A job description has been developed to support the increased demands and provide additional oversight related to the recruitment and hiring of classified personnel. The position will be at Range 4 ($50,025-60,812) of the Management salary schedule. Fiscal impact: N/A

 

                    10.6    Resolution 07/08-5 in appreciation of Dale Peterson

Treece moved, Allen seconded, and the Board voted 5-0-0 to adopt resolution 07/07-5 in appreciation of Dale Peterson. Dale Peterson, an active and supportive industry partner of MDUSD, is retiring from IBEW Local Union 302. Resolution 07/08-5 expresses the Board’s appreciation for his service to District students and staff.

 

                    10.7    Consider Pursuing a Parcel Tax Election in the Spring of 2008

Report

Lori Ranieri of Government Financial Strategies provided an overview of the process, requirements, and costs involved in a parcel tax election.

 

Public Comment

Several parents spoke in support of a parcel tax. Sandi Lotter expressed hope that a parcel tax will improve facilities as well as increase teacher compensation. Faith Jansen Brewer said that she will volunteer to work on a parcel tax committee. Although her children will graduate from district schools soon, she believes in benefiting all children. John Salazar urged the Board  not to lose sight of the children. He said that rushing to put the parcel tax on the November ballot would be “setting ourselves up for failure,” and to take time to prepare and get it done right. Parent and teacher Jane Enloe said she is waiting to hear what the parcel tax revenue will be used for. If it is for teacher salaries and medical benefits, she will support it “one thousand percent.” Susan Williams said she had sign-up sheets for those interested in participating in a parcel tax committee.

 

Board comment

In response to Eberhart, McHenry said he is recommending that the Board place a parcel tax initiative on the ballot in Spring 2008 rather than November 2007 because it allows more time for the campaign. Also, though several consultants say parcel taxes are more successful in special elections, the District would have to pay the entire cost of a special election, which at $7 per voter is prohibitive. The cost of placing an initiative on a regular election ballot is approximately $2.25 per voter. Eberhart supported the recommendation for an election next spring, but suggested that the actual election date not be set at this time so the Board and staff could talk to some political consultants. Strange agreed, saying the Board needs to collect a lot more information, such as the level and length of the tax, before going forward. Noting that he had originally advocated for having the election in November 2007, he said he is willing to wait until spring since he’s learned that the collection date, should the parcel tax be approved, is the same whether the election is this November or next spring. Allen pointed out that the District covers several diverse communities, and it will take a lot of hard work to reach the number of voters needed to pass a tax. In response to Allen, McHenry explained the components necessary to a campaign: 1) a group of people willing to serve on a campaign committee; 2) a campaign chair; 3) the committee registering as a legal entity so it can raise funds; 4) leadership from each of the high school feeder patterns and municipalities. He said staff will provide monthly progress reports to the Board. Treece said she recently talked to individuals in neighboring districts who had been involved in successful tax elections in their districts and was reminded at how arduous a campaign is. She believes sufficient time is needed to garner support from community leaders and employee union leaders and to identify what a tax would finance. Hearings the Board held last spring and the results of the community poll will provide information for that decision. In response to Eberhart, Ranieri said most parcel taxes are set for a four-year period, but there are many exceptions, so there is no hard and fast rule. Though it seems counter-intuitive, she said, some studies show that in many cases the higher the tax the more support went to schools. One reasoning is that improving the schools increases property values. Much seems to depend on what else is going on in the community politically and how sensitive people are to the issues. She counseled the Board and staff to do some political and generic research in preparation for a parcel tax election. She cautioned that California property owners seem to be more interested in their tax bills these days than has been the case in the past. Eberhart asked Ranieri for a report on what parcel taxes would do to property values. He invited those in attendance to sign up to help with the campaign.

 

Board Action

Allen moved, Mayo seconded, and the Board voted 5-0-0 to approve pursuing a parcel tax election in the Spring of 2008

 

                    10.8    Memorandum of Understanding (MOU) with California State Association of Counties (CSAC)

Mayo moved, Treece seconded and the Board voted 4-0-1 (Strange abstain) to approve the Memorandum of Understanding (MOU) with California State Association of Counties (CSAC). On May 22, 2007, the Board approved a contract with TriStar Risk Management for third-party administration of the District’s workers’ compensation program. TriStar is one of five third-party administrators pre-approved by the California State Association of Counties (CSAC). By way of the CSAC pre-approval, the District is able to realize additional savings. The May 22 contract with TriStar is not necessary The Board is being asked to approve an MOU with CSAC for primary and excess workers’ compensation coverage. Fiscal impact: $4.6 million Funding Source: General Fund

 

                    10.9    Resolution 07/08-4 Certificate of Consent to Self-Insure Workers’ Compensation Liabilities

Allen moved, Mayo seconded, and the Board voted 4-0-1 (Strange abstain) to adopt resolution 07/08-4 Certificate of Consent to Self-Insure Workers’ Compensation Liabilities. As a member of the CSAC Excess Insurance Authority’s Primary and Excess Workers’ Compensation program, the District must apply to the California Department of Industrial Relations for a certificate of consent to self-insure workers’ compensation liabilities. Fiscal Impact: None  Funding Source: None

 

11.          ADJOURNMENT  Eberhart adjourned the meeting at 8.35 p.m.

 

 

                                                               

Gary McHenry, Secretary