BOARD MEETING: October 9, 2007

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

Administrative Staff: Superintendent Gary McHenry; Associate Superintendent Alan Young; assistant superintendents Mildred Browne, Gail Isserman, and Dick Nicoll; and General Counsel Greg Rolen

1. CALL TO ORDER: President Eberhart called the meeting to order at 4:00 p.m. in Room 6 at the MDUSD Dent Center.

PUBLIC COMMENT: None

CLOSED SESSION: The Board adjourned to Closed Session at 4:01 p.m. in Room 6 at the Dent Center. Topics discussed included superintendent’s evaluation, existing litigation (Spieler v. MDUSD), and negotiations.

Existing Litigation: Spieler v MDUSD
Treece moved, Mayo seconded, and the Board voted 5-0-0 to approve an agreement capping attorneys’ fees in the fibar litigation component of Spieler v MDUSD.

2. RECONVENE OPEN SESSION: The Board returned to Open Session in the Board Room at 7: 30 p.m. in the Multi Use Room at Monte Gardens Elementary School. President Eberhart led the Pledge of Allegiance to the Flag and then reported the topics discussed and action taken in Closed Session.

3. CONSENT AGENDA

After removing Items 3.3.2, 3.8, and 3.13 for separate action at Eberhart’s request, Strange 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 September 11, 2007.

3.2 Certificated Personnel

3.2.1 Leaves of Absence, Resignations, Retirements, Employment

3.2.2 Resolution 07/08-34 Education Code 44258.2 – Board Authorization

Adopted Resolution 07/08-34, authorizing Keith Coppage, who holds a single subject or secondary credential and have 12 lower division units or 6 upper division units in a subject, to teach that subject in a middle school for the 2007-08 school year, as per Ed. Code 44258.2

3.2.3 School Administration Internship Agreement with Chapman University for the term of November 1, 2007 through November 1, 2012

Approved agreement for MDUSD to provide supervised fieldwork experience for graduate students who are interns working toward their Administration Service Credential in the School Administration Program at the Chapman University School of Education. The students work as interns to the .

3.3 Classified Personnel

3.3.1 Leaves of Absence, Resignations, Retirements, Employment

3.3.2 Reduction in Hours of a Part-Time Health Assistant/LVN Position—See “Separate Action,” below

3.3.3 Eliminate a Vacant Instructional Assistant/Computer Position and Increase the Hours of a Site Technology Support Technician II Position at Walnut Acres Elementary School

Eliminated one vacant 26-hour/week, school-day-only Instructional Assistant/Computer position at Walnut Acres Elementary School and increased an existing 10-month Site Technology Support Technician II position there from 19 to 32 hours/week. Fiscal Impact: Savings of $9,751. There is no impact to the General Fund. Funding Source: School Improvement Funds, 57%; Walnut Acres Parent Faculty Club, 43%.

3.3.4 Increase in Hours for a Part-Time Instructional Assistant Position at Bancroft Elementary School

Increased an existing school-day-only Instructional Assistant position at Bancroft Elementary School from 12 to 19.5 hours/week. Fiscal Impact: There is no impact to the General Fund. The additional $4,198 will be funded by Bancroft Parent Faculty Association.

3.3.5 Creation of a Part-Time Instructional Assistant Position at Bancroft Elementary School

Created a 10-hour/week, school-day-only Instructional Assistant position at Bancroft Elementary. There is no impact to the General Fund. The $5,620 annual cost will be funded by Bancroft Parent Faculty Association.

3.4 Grant Agreement between Mt. Diablo Unified School District and the City of Walnut Creek

Approved an agreement for the City of Walnut Creek to provide one to two crisis counselors (equivalent to 0.5 FTE) at Foothill Middle School. There is no impact to the General Fund. Funding Source: City of Walnut Creek grant maximum of $10,000 for the 2007-2008 school year.

3.5 Resolution 07/08-36 to Award Bid 1487

Delegated Board authority to approve the award of bid for the installation of playground equipment at Sunrise Center to the superintendent. The monitor of the facilities portion of the Consent Decree approved the installation of new playground equipment at Sunrise. District staff ordered the equipment and solicited bids for its installation. Bids were due earlier this afternoon, October 9, and could not be delivered to the Board in advance of this meeting. In order to commence work prior to the rainy season, the Board agreed to delegate its authority to the superintendent to approve the bid award. Fiscal Impact: To be determined Funding Source: Measure A

3.6 Contract with ATI Architects for Architectural/Engineering Services

Approved contract not to exceed $439,240 with ATI Architects for architectural/engineering services for construction of additional classrooms/office facilities at Cambridge and Meadow Homes elementary schools, Riverview Middle, and Mt. Diablo High. Funding Source: Quality Education Investment Act (QEIA) funding.

3.7 Contract with Charles Ham Associates for Architectural Engineering Services

Approved contract not to exceed $89,951 with Charles Ham Associates for architectural/engineering services for supplemental restroom buildings at Mt. Diablo Elementary, Sequoia Middle, and College Park High. Funding Source: Measure A Funds

3.8 Contract with School Web Services for Automation of District Facility Use Permits Application Process, Vendor Database, and Web Page Maintenance—See “Separate Action,” below

3.9 Contract Amendment #7 – Corlett, Skaer, and DeVoto Architects,Inc.

Approved Amendment #7 in the amount of $43,002 to contract with Corlett, Skaer, and DeVoto Architects, Inc. for architectural/engineering services for lockset revisions and other tasks at Walnut Acres, Valhalla, Gregory Gardens, Pleasant Hill, and Sequoia elementary schools. Funding Source: Measure C

3.10 License Agreement to Install and Maintain a Surveillance Camera at Delta View Elementary School for Larry Lasater Park

Approved an agreement allowing the City of Pittsburg to install and maintain a single surveillance assembly on the uppermost northern wall of the Delta View Elementary as part of an active surveillance system to maximize protection of the joint-use Larry Lasater Park next to the school as well as the retention basin next to the park. There is no impact to the General Fund.

3.11 Independent Contractor Agreement between Mt. Diablo Unified School District and John F. Kennedy University (JFK)

Approved an agreement for John F. Kennedy University (JFK) counseling trainees/interns to provide counseling services at District school during the 2007-08 school year. Fiscal Impact: Costs not to exceed $59,000 for the 2007-08 school year. Funding Source: Pre Referral Intervention Grant 0506 (Mental Health)

3.12 Resolution 07/08-35 Sustainability and the Design and Construction of High Performance Facilities

Adopted Resolution 07/08-35, publicly affirming the District’s commitment to make a diligent effort to comply with the resource conservation and sustainability guidelines developed by the Collaborative for High Performance Schools, the Department of the State Architect (DSA), and the Office of Public School Construction.

3.13 Agreement with Northgate Community Pride Foundation for Improvement of Football Field and Track—See “Separate Action,” below

SEPARATE ACTION

3.3.2 Reduction in Hours of a Part-Time Health Assistant/LVN Position

Board comment: Eberhart asked if the money saved by reducing the hours of the position in question will go back into the General Fund. McHenry said it would unless needed for other Special Education services.

Mayo then moved, Treece seconded, and the Board voted 5-0-0 to reduce a part-time, school-day-only, Health Assistant/LVN position from 7.5 to 6.5 hour/day, effective November 26, 2007. Fiscal Impact: $5,052 reduction in cost to the General Fund.

3.8 Contract with School Web Services for Automation of District Facility Use Permits Application Process, Vendor Database, and Web Page Maintenance

Board comment: In response to Eberhart, Rolen said he has reviewed the contract and found it acceptable. Nicoll explained that the contract delineates three tasks: 1) revamping of the current web site, 2) developing a database for use permits, and 3) automating vendor registrations. He noted that the contract includes several incentives for the vendor to deliver the product, including training, in a timely and effective manner. He said staff can negotiate a smaller upfront payment at the Board’s direction. Eberhart asked staff to provide a timeline for the project, to negotiate an initial payment of only 25 percent of the overall cost, and to develop a payment schedule based on the vendor’s performance.

Strange then moved, Treece seconded, and the Board voted 5-0-0 to approve a $45,000 contract with School Web Services for the automation of the facility use permit application process, vendor database and web page maintenance. Funding Source: Existing budgets from Technology and Information Services and Administrative Services.

3.13 Agreement with Northgate Community Pride Foundation for Improvement of Football Field and Track

Board comment: Eberhart clarified that the District’s $300,000 contribution to the project is coming from sale of former Oak Park Elementary School site. Nicoll added that the Board made that stipulation at its June 14, 2007, meeting and that the agreement states that the contribution is contingent upon the sale of the property. He said that in essence the District is getting a field worth $1.3 million for an investment of $300,000.

Treece moved, Mayo seconded, and the Board voted 5-0-0 to approve an agreement with the Northgate Community Pride Foundation regarding funding for the construction of a synthetic field and an all-weather track at Northgate High. Fiscal Impact: The estimated construction cost is $1,300,000. Funding Source: $1 million from Northgate Community Pride Foundation and $300,000 from the District from anticipated proceeds from its share of the sale of the former Oak Park Elementary School site.

4. RECOGNITIONS: Improvement on the Academic Performance Index

The Board recognized a number of schools for their students’ achievement on the Spring 2007 STAR, as reflected on the school’s Academic Performance Index (API) score. President Eberhart and Associate Superintendent Young presented certificates of achievement to teams of administrators, teachers, staff, and/or students from each school.

Largest increase in API score from 2007 to 2007
Cambridge Elementary, 68 points (115-point growth over five years)

Highest API score
Walnut Acres Elementary, 922 points

Six Years of Continuous Improvement
Eagle Peak Montessori (230-point growth over past six years)
Hidden Valley Elementary (62-point growth over past six years)
Riverview Middle (70-point growth over past six years)
Valley View Middle (56-point growth over past six years)
Wren Avenue Elementary (88-point growth over past six years)

Double-digit gain from 2006 to 2007
Ygnacio Valley Elementary, 39 points (96-point growth over past three years)
El Monte Elementary, 19 points (55-point growth over past five years)
Sun Terrace Elementary, 19 points (43-point growth over past four years)
Westwood Elementary, 807 points (50-point growth over past five years; first time above 800)
Valhalla Elementary, 14 points (six years scoring above 800)
Foothill Middle, 10 points (six years scoring above 800)
Concord High, 10 points (53-point growth over past six years)

Scores above 800, the state standard for high achievement
Ayers Elementary, 821 (three years scoring above 800)
Gregory Gardens, 831 (four years scoring above 800)
Northgate High, 831 (six years scoring above 800)
Diablo View Middle, 838 (six years scoring above 800)
Highlands Elementary, 846 (five years scoring above 800)
Bancroft Elementary, 861 (six years scoring above 800)
Sequoia Middle, 863 (six years scoring above 800)
Woodside Elementary, 868 (six years scoring above 800)
Monte Gardens Elementary, 881 (six years scoring above 800)
Mt. Diablo Elementary, 884 (six years scoring above 800)
Pleasant Hill Elementary, 888 (six years scoring above 800)

Scores above 900
Strandwood Elementary, 903 (four years scoring above 900)
Valle Verde Elementary, 921 (five years scoring above 900)
Sequoia Elementary, 921 (six years scoring above 900)

5. BOARD FORUM

5.1 Committee Minutes

5.2 Board Reports (time limit – 3 minutes)

Allen reported on the most recent Community Advisory Committee meeting for the Concord Naval Weapons Station Reuse Plan. Maps showing seven possible options are available in the MDUSD Superintendent’s Office. He also attended the District’s Community Advisory Committee (CAC) meeting and heard a report on the Workability Program that he suggested be presented at a future Board meeting. He announced that the annual Celebration of Success will be held October 24 at Concord High and the You Make a Difference event on March 13, 2008, at Woodside Elementary. He also announced that the Special Education Department received a three-year RCAT Program grant to fund efforts to improve student achievement at Glenbrook Middle and at Sun Terrace and Holbrook elementary schools. He attended a Contra Costa Musical Theater performance last week and was pleased to see three MDUSD students in the cast. He also attended the Monument Health and Safety Fair last weekend, where 80 student volunteers from Ygnacio Valley High and Oak Grove Middle helped make the event a success.

Strange reported on attending the “lively” community meeting at Foothill Middle on October 2 to discuss the parcel tax and also the recent Safe and Drug Free Schools Task Force meeting.

Mayo reported on attending the community meeting at Concord High School to discuss the parcel tax, saying that “parents, students and community members embraced the opportunity to dialogue about the needs of the district and its students.” She announced other meetings on the parcel tax, one for PTA and parent club leaders on October 11 and two more for the general public on October 16 at Riverview Middle and College Park High. Earlier in the day she attended the Contra Costa County Supervisors meeting, where the Contra Costa Mental Health Commission recognized the Mt. Diablo USD’s Wraparound and Counseling Clinic, which serves more than 100 students and their families. She said the County Mental Health Department would like to replicate this program, one of only two in the state, in every school district in Contra Costa. Supervisors Phiepo, Ulkimea, and Bonilla and Mental Health Commissioners Karen Sloma, Kathy McLaughlin and Scott Singley presented the award to Dr. Mildred Browne and the program's outstanding staff. She also attended the Parent Advisory Meeting on October 3, met with members of the Community United for Excellent Schools (CUES) several times, and spent the day in the Capitol on October 5. She encouraged the public to urge federal policy makers to reauthorize the federal State Children's Health Insurance Program (SCHIP), calling it ”vital to the well-being of California's children.”

Treece said she enjoyed listening to the public weigh in on the parcel tax at the community meeting held at Concord High on October 2. She was impressed with the number of community members who participated and appreciated the format, which provided an opportunity for small group discussions. She also enjoyed the Parent Advisory Council meeting, particularly Vivian Boyd’s report on the new Assessment Task Force. She participated in the Concord Chamber of Commerce Business Education Committee meeting, where Concord librarian Maureen Kilmurray spoke highly of Mt. Diablo High’s and Olympic High’s support of the City’s “Big Read” program. The committee, Treece reported, is engaged in planning for 2008 and beyond and looking at ways in which the business community can focus in on Career Technical Education. The committee wants to have an advocacy role in public education and she looks forward to being involved in the effort.

Eberhart shared his vision for the Mt. Diablo USD, saying, “We must focus all our efforts on ensuring all our employees are paid as much as possible within our budget constraints.” For classified and management staff, he explained, it means increasing compensation; for teachers, it means providing medical benefits. He believes that a “date certain” must be set “for achieving the goal of District-paid medical benefits for all employees and their families, making sure all employees are treated fairly in this process. He stressed that ”any plan must be financially affordable short term and sustainable long term.” He said, “Given the huge amount of money necessary to sustain District medical benefits, both short term and in the future, we must have on-going discussions with all District employees on how best to ensure that all employees who need medical benefits can afford to get them, while at the same time ensuring that we keep costs as low as possible.” He stated that “if this necessitates the restructuring of our budget and reprioritizing how we spend money, so be it.” He believes that “the only way we can ensure that students succeed is to make sure the best, the brightest, and the most qualified teachers are in the classroom. There’s no way we can compete if neighboring districts provide benefits, and we do not. We must be competitive..” He said he could not support any contract proposal that does not meet the goals he’s stated. He invited Board members to comment on his statement. Strange said he is “in agreement” with Eberhart’s vision, adding that “we need to make sure we are doing everything we can to . . . have the highest paid employees.” Mayo said she believes “all of us have indicated support for compensation for our employees.” Allen agreed.

5.3 Issues of Concern

6. PUBLIC COMMENT

Principal Robert Humphrey invited the Board and public to El Monte Elementary’s fall festival on Saturday, October 13, from 11 a.m. to 3 p.m. D. Dell, parent and teacher, complained that the Sunrise Center does not have air conditioning and that the Monte Gardens classroom her handicapped daughter attended last summer did not have it either. She said parents should have been informed so they could make other arrangements when temperatures rose. She urged the Board to install air conditioning at Sunrise.

7. COMMUNICATIONS

7.1 Organizations

Annie Nolan, CSEA vice president, took issue with reassignments for members of CSEA at the beginning of the school year, said errors in payroll continue to occur, and thanked the instructional assistants for their help in improving student achievement and API scores.

8. REPORTS/INFORMATION – None

9. SUPERINTENDENT'S REPORT

McHenry provided a rationale for the Board’s considering a parcel tax. He remarked that the Board had to approve budget reductions totaling $14 million in the three-year period, 2002-05. Positions and programs were eliminated. When the District’s financial position improved in 2005-06, the Board was able to bring back positions and programs, provide employees with a salary increase even through contracts were already settled, and improve the District’s infrastructure. This year the District is in contract negotiations with all the employee bargaining units and associations. The Board and Administration want to increase salaries and provide benefits, but cannot afford the contract proposals the employee organizations have put forward to date. The Board and Administration are looking at a parcel tax as the only means possible to bring needed additional revenue into the District. If a parcel tax does not pass or does not even have support for a campaign, he said, “We must look at cutting the budget again.” He explained that staff are looking at every position to make sure it is assigned to the appropriate budget and at ways to reduce expenses. Within the next month he will bring list of proposed budget cuts to the Board. If people don’t want the budget to be cut, he invited them to offer suggestions for meeting contract and other financial demands. He said, “We can talk about ‘reprioritizing the budget,’ but we need to clarify what that means. We can work together to try to get a parcel tax passed or we can look at budget cuts. I just don’t want anyone to be surprised.”

10. BUSINESS

10.1 Resolution 07/08-37, Red Ribbon Week

Mayo moved, Strange seconded, and the Board voted 5-0-0 to adopt Resolution 07/08-37, declaring October 23-31 as Red Ribbon Week, when schools and many community agencies throughout California join together to highlight their commitment to a drug- and tobacco-free society.

10.2 Appointment of Workers’ Compensation Manager—PULLED

10.3 Approval of the 2007-2008 Revised Budget

Mayo moved, Allen seconded, and the Board voted 5-0-0 to approved the revised 2007-08 budget for the General Fund. It reflects financial activity since the approval of the adopted budget on June 26, 2007, including the impact of the Governor’s budget, the CalPERS actual premium rate increase, the workers’ compensation insurance carrier change, the net impact of Board action items, and the unaudited actuals beginning balance as of July 1, 2007.

Unrestricted Restricted Combined

▪ Revenue as of September 30, 2007 $209,339.339 $78,959,278 $288,298,617

▪ Expenditures as of September 30, 2007 $165,864,365 $114,850,448 $280,714,812

▪ Excess of Revenue over Expenditures $43,474,974 ($35,891,169) $7,583,805

▪ Ending Fund Balance, June 30, 2008 $22,396,181 $17,550,654 $39,946,835

▪ Undesignated Ending Balance
(Fund Balance less Designated Reserves) $6,092,548 0 $6,092,548

10.4 Resolution 07/08-30 Public Hearing Regarding Sufficiency of Textbooks and Instructional Materials for 2007-2008 for Pupil Textbook and Instructional Materials Incentive Program and Williams Settlement Instructional Materials Funds

The local governing board is required to make an annual determination of the sufficiency of textbooks or instructional materials, consistent with the content standards adopted pursuant to Education Code Section 60605.

Public Comment Tara Kini, attorney with Public Advocates, the law firm that represented the plaintiffs in the Williams v California lawsuit, congratulated the District for revising its practices from last year. She also took issue with some of the language in the resolution before the Board and criticized the District’s procedures for identifying textbook needs before summer.

Staff/Board comment Rolen said he’d met with Kini before the meeting and agreed with her suggested changes to the text of the resolution.

Board action Strange moved, Allen seconded, and the Board voted to adopt Resolution 07/08-30 as amended.

10.5 Contract for Legal Services with Miller Brown and Dannis

The action before the Board was a contract for legal services to be provided by the firm of Miller Brown and Dannis. Legal service hourly rates are as follows:

Shareholders: $215—$275

Special Counsel and Office Counsel: $215

Associates: $185—$215

Paralegals and Law Clerks: $110—$215

Fiscal Impact: Approximately $55,000 per month Funding Source: General Fund (already budgeted)

Public comment Dorothy Englund, parent, urged the Board to vote against or to table this item and direct staff to conduct a thorough review of the District’s legal costs. She asked, under the Public Records Act, to review the Miller Brown and Dannis contracts for the last three years.

Board comment In response to Strange, McHenry said Miller Brown and Dannis (MBD) has not agreed to the District’s billing standards, but their bills are sent to LexTech, the auditing firm that reviews all charges to the District for legal services. Strange said MBD’s long (30-year) service to the District should prompt it to cut its rates below the other legal firms the District uses. He noted that the Board has not been asked to approve a contract with this firm since 1999 and delineated reasons why he cannot support this contract. Allen noted that the District is in the midst of contract negotiations, in which MBD is the District’s representative. He suggested the Board approve the contract for this year and then have staff establish some standards to be used in contracting for legal services in the future. Eberhart expressed dismay that the contract has not been brought to the Board for approval for many years and that, consequently, the public has not had an opportunity to comment on it. During that time the District has spent approximately a million dollars a year for the services. He also expressed concern that MBD has not agreed to the District’s new legal billing standards. McHenry, noting that Miller Brown and Dannis has been providing services to the District for 30 years, pointed out that the firm was the attorney of record for the Special Education Consent Decree, which took effect in 2000. He said the Board has received reports from and had discussions about MBD in the last several years without the question of the contract being raised. He believed the initial contract was automatically extended unless there was reason to terminate it. He brought it forward to the Board when it was brought to his attention that it should be approved annually.

Board action

1. Initial motion: Allen moved and Treece seconded the motion to approve the contract.

Public comment and Board discussion ensued.

2. Friendly amendment: Allen moved and Treece seconded a Friendly Amendment that staff provide criteria for the selection and evaluation of legal firms.

3. Motion to table: Eberhart moved, Strange seconded, and the Board voted 2-3-0 (Allen, Mayo, Treece, no; item not tabled) to table the item.

During discussion on the move to table, Rolen explained the options available to the Board: 1) approve the contract; 2) approve the contract with the suggested amendment; 3) terminate the contract if any gross illegality is found (which he did not in his review of it); 4) table the motion, conduct more research, and bring the item back at a future meeting.

Following this vote Mayo stated that Board members bear as much responsibility as the superintendent and staff on this issue because they have discussed and acted on legal issues in Closed Session and had opportunities to talk about fees for the cases in question. She believes MBD has provided the District with fair service at a high level of expertise. Treece said she recalled, as a Board, having to look at legal fees as part of the determination on the need to have an in-house legal counsel two years ago. She noted that the contract does allow the District to disengage if either party desires. For continuity of services for 2007-08, she favors approving the one-year contract and taking time to discuss the legal firms the District uses and the requirement that they adhere to the District’s billing standards.

4. Call the question: The Board voted 3-2-0 (Eberhart, Strange, no) to end debate.

5. Initial motion with amendment: The Board voted 3-2-0 (Eberhart, Strange, no) to approve the contract as amended.

6. Additional action: Eberhart moved and Strange seconded the motion to direct staff to conduct a formal investigation of MBD’s services to the District. No formal vote was taken, but Allen voiced his support. Mayo and Treece made no comment.

10.6 Resolutions 07/08-31, 32, and 33 Dedication of Easements at Loma Vista Adult Center, Pleasant Hill Education Center and Shadelands Center

Eberhart opened the public hearing at 9:57 p.m. With no requests to speak, he closed the hearing. Mayo then moved, Strange seconded, and the Board voted 5-0-0 to adopt Resolutions 07/08-31, 32, and 33, dedicating easements at Loma Vista Adult Center, Pleasant Hill Education Center and Shadelands Center to the Contra Costa Water District. Pursuant to the process specified under Education Code Section 15556, the Board approved the Resolutions of Intent to Dedicate Easements to the Contra Costa Water District as detailed on September 25, 2007.

10.7 Approval of Adult Education Course Titles for 2007-2008

Allen moved, Strange seconded, and the Board voted 5-0-0 to approve Adult Education Course Titles for 2007-08. The state Department of Education requires that course titles be approved annually.

11. ADJOURNMENT

Eberhart adjourned the meeting at 9:59 p.m.

Gary McHenry, Secretary