BOARD MEETING:
November 13, 2007
ATTENDANCE: Board: Gary Eberhart,
Administrative Staff: Superintendent
1.
CALL TO ORDER: President Eberhart called the
meeting to order at 6:00 p.m. in Room 6 at the
PUBLIC COMMENT: None
CLOSED SESSION: The Board adjourned to Closed
Session at 6:01 p.m. in Room 6 at the
Readmission
Treece moved, Strange
seconded, and the Board voted 5-0-0 to approve the readmission of one student
who was not assessed for special education prior to behavior resulting in
expulsion.
Negotiations
The Board gave
direction to the District’s negotiating team.
2.
RECONVENE OPEN SESSION: The Board returned to Open Session
in the Board Room at 7:40 p.m. President Eberhart led the Pledge of Allegiance
to the Flag.
Expulsions
Student 01-08: Allen
moved, Mayo seconded, and the Board voted 5-0-0 that Student 01-08 be expelled
from all schools programs of the
Student 02-08: Mayo moved, Treece seconded, and the Board
voted 5-0-0 that Student 02-08 be expelled from all schools programs of the Mt.
Diablo Unified School District and that the expulsion be suspended at the end
of the first semester (January 25, 2008) contingent on Student 02-08 completing
individual counseling, community service, the COPS program, and show evidence
of a successful school experience, prior to applying for readmission. In
addition, Student 02-08 and her parents shall meet with Student Services
administrators on a monthly basis to review the student’s progress.
Student 03-08: Strange moved, Allen seconded, and the Board
voted 5-0-0 that Student 03-08 be expelled from all schools programs of the
Eberhart then reported the topics discussed and action taken
in Closed Session. He reported that the Board has completed the evaluation of
the Superintendent and provided it to him.
3.
CONSENT AGENDA
Public comment Dorothy Englund,
parent, questioned the need for change orders, listed in Item 3.6, and asked
for information specific to the nonpublic agencies and the contracts listed in
Items 3.11 and 3.12. (Eberhart said some of the information is provided in the
dockets for the items and directed staff to provide the rest.)
Allen moved, Treece seconded, and the Board voted 5-0-0 to
adopt the Consent Agenda, thereby approving the following:
3.1 Minutes of
the meetings of October 9, 2007.
3.2 Certificated
Personnel
3.2.1 Leaves of Absence, Resignations, Retirements,
Employment
3.2.2 Resolution 07/08-41 Education Code 44256(b) Board
Authorization
Adopted Resolution 07/08-41, authorizing Deborah Cummings,
who holds a multiple subject or elementary credential and has 12 lower division
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 44256(b).
3.2.3 Resolution 07/08-42 Variable Term Waiver Request(s)
Adopted Resolution 07/08-42, authorizing Priti Patel to
apply for a Variable Term Waiver, giving the teacher additional time to
complete certain requirements for the credential that authorizes service. The
waiver request is made when there is not a properly credentialed person available
for the position.
3.2.4 Resolution 07/08-43 Provisional Internship Permit (PIP)
Request(s)
Adopted Resolution 07/08-43, authorizing Ryan Habegger to
apply for a Provisional Internship Permit (PIP) in order to complete his
assignment for the 2007-08 school year.
3.2.5 School Administration Internship Agreement with
Approved an agreement to provide supervised fieldwork
experience to graduate students working on their Administration Services
Credential in the Chapman University School of Education’s School
Administration Program.
3.3 Classified
Personnel
3.3.1 Leaves of Absence, Resignations, Retirements,
Employment
3.3.2 Revise Work Year for a Vacant Part-Time Secretary at
Increased work year for vacant Secretary position at Valley
View Middle from school days only (180) to 9.5 months/year, 10 hours/week to
conform to Local One, Clerical Secretarial and Technical (CST) unit standards. There
is no impact to the General Fund. The $60 additional cost for 2007-08 is funded
by Valley View Middle School Improvement funds.
3.4 Award of Bid
1486 to Sousa Electric Company
Awarded Bid 1486 in the amount of $103,338 to Sousa Electric
Company for stage lighting improvements at
3.5 Architectural/Engineering
Services Contracts
3.5.1 Contract with PHd Architects in the amount of $20,200 for the
installation of interim housing units at Olympic High School. Funding
Source: Proposition 55 funds
3.5.2 Contract with Nacht and Lewis Architects in the amount of $126,440 for the
design and construction of permanent modular buildings at Olympic High School. Funding
Source: Proposition 55 Funds
3.5.3 Contract with PHd Architects in the amount of $31,700 for
structural analysis and engineering and design services required for the
repair/replacement of the exterior bleacher systems at
3.6 Intermediate
Change Orders
3.6.1 Intermediate Change Order to Bid 1442, Contract C-850
Taber Construction, Inc., in the amount of $469,563.08, for the modernization and new classrooms
at Strandwood Elementary School, Diablo View Middle School, Loma Vista Adult
Center, and Willow Creek Center. Funding Source: Measure C
3.6.2 Intermediate Change Order to Bid 1446, Contract C-855,
Bell Products, Inc.
in the amount of $235,000 for the removal of existing mechanical systems and
the installation of new heating, ventilating, and air conditioning systems at
Ygnacio Valley Elementary School; and Clayton Valley and Ygnacio Valley high
schools. Funding Source: Proposition 55
Funds
3.7 Change Order to
Bid 1474, Contract C-862, Harry L. Murphy, Inc.
Change order in the amount of $30,150 to Bid 1474, Contract
C-862, Harry L. Murphy, Inc. for flooring improvements at Holbrook, Meadow
Homes, and
3.8 Final Change
Orders
3.8.1 Final Change Order to Bid 1444, Contract C-851, Taber
Construction, Inc.
in the amount of $37,444 for the removal of existing mechanical systems and
provision of new heating, ventilating, and air conditioning systems at Mt.
Diablo and College Park high schools and Cambridge Elementary School. Funding
Source: Proposition 55 funds
3.8.2 Final Change Order to Bid 1457, Contract C-854, Robert
A. Bothman, Inc. in
the amount of $28,793.39 for landscape renovations to the quad at
3.8.3 Final Change Order to Bid 1464, Contract C-857, H.Y.
Floor and Gameline Painting, Inc. in the amount of $8,630 for replacement of the gymnasium
floor and bleacher system at
3.9 Notices of
Completion
3.9.1 Notice of Completion to Contract C-851, Bid 1444 to
Taber Construction, Inc. in the amount of $7,272,844 for the removal of existing mechanical
systems and installation of new heating, ventilation, and air conditioning
systems at Cambridge Elementary and
3.9.2 Notice of Completion to Contract C-854, Bid 1457,
Robert A. Bothman, Inc. in the amount of $509,112.39 for renovations to the quad at
3.9.3 Notice of Completion to Contract C-857, Bid 1464, H.Y.
Floor and Gameline Painting, Inc. in the amount of $275,854 for replacement of the gym floor
and bleachers at
3.9.4 Notice of Completion to Contract C-862, Bid 1474,
Harry L. Murphy, Inc.
in the amount of $179,150 for flooring improvements in 2007 at Holbrook, Meadow
Homes, and
3.10 Notice of
Completion
Approved Notice of Completion for the installation of a
synthetic turf field at
3.11 Contracts
between MDUSD and Non Public Agencies (NPA) for the 2007-2008 School Year
Approved contracts with the following non-public agencies
for direct and consultative services for the Special Education program during the
2007-8 school year:
Contractor #
students Amount Services
Accent Care Home Health Services 1 $41,000 Nursing
Communication Works 7 $40,000 Behavioral
Educational Support Services 6 $75,000 Behavioral, Consultation
PLAY 14 $85,000 Behavioral
Fiscal Impact:
$241,000 Funding Source: General Purpose/Special Education
3.12 Contracts
between MDUSD and Independent Contractors for the 2007-2008 School Year
Approved contracts with the following independent
contractors for direct and consultative services for the Special Education
program during the 2007-8 school year:
Contractor #
students Amount Services
Gabi Elfenbein 10 $85,000 Behavioral
Linda Haymes 5 $30,000 Behavioral
Pawar 13 $135,000 Transportation
Deirdre Ryan-Booth 8 $60,000 Behavioral
Fiscal Impact:
$310,000 Funding Source: General Purpose/Special Education
3.13 Resolution
07/08-40 Mt. Diablo Unified School District Terminating the
Adopted Resolution 07/08-40, electing to terminate the
California Public Entity Insurance Authority (CPEIA) following its merger with California
State Association of Counties (CSAC) Excess Insurance Authority (EIA) into one
organization, the EIA. The CPEIA will be officially terminated upon approval by
the governing boards of 101 (three-fourths) of the 134 CPEIA members.
3.14 Acceptance
of Quitclaim Deed from the United States Department of Energy
Approved acceptance of a quitclaim deed on Parcel No.
113-052-003, which had been encumbered by an easement to the U.S. Department of
Energy, Western Area Power Administration. Public record shows the
4.
RECOGNITIONS
4.1 Mt. Diablo
Wraparound and Counseling Clinic
McHenry reported that the Contra Costa County Board of
Supervisors recently presented the Mt. Diablo Wraparound and Counseling Clinic
with a 2007 Contra Costa Mental Health Commission Award.
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)
Mayo said she was excited to learn
that 10 elementary schools are eligible to submit applications for 2008
Strange reported on attending the Clayton Valley Arts
Academy’s event to kick off a campaign to bring a performing arts center to the
school, the Halloween parade at Highlands Elementary, his children’s school,
the Safe and Drug Free Task Force meeting, the Iron Horse Trail Day at the
Races that raised funds for literacy programs in Monument Corridor schools, and
the Mt. Diablo Alternative Education Foundation’s awards dinner, where grants
were presented to students and teachers. He announced that the award of the night
was given to Andrew Johnson, a vice president of COMCAST, in appreciation for
the company’s donation of $75,000 for the music studio at Olympic High and
$50,000 to MDAEF.
Allen said the District’s annual Celebration of Success,
held on October 24 to honor a special needs student at each site, was an
“excellent program.” He also attended the second annual Day at the Races, which
included a huge book sale and raised $4,500 for literacy programs, and the
fundraiser for the
Treece said she was honored to be a part of the Health Occupations Student Association (HOSA) Student
Leadership Conference and proud to see students and teachers from
Eberhart announced that the next Board meeting will be held
on Monday, November 26, because he and Allen will be traveling on Tuesday,
November 27, to the California School Boards Association Delegate Assembly. Referring
to the achievement gap, he said he’s been reading the State Superintendent’s
explanation of what accounts for it. He would like to have a meeting or two of
District staff, teachers, and parents in which everyone can talk in a
straightforward and honest way about the subject. He reported that he’s been having
interesting discussions via e-mail with people who are contacting him on a
variety of issues and invited more people to do so either by e-mail or telephone.
He thanked Rolen and McHenry for providing the Board with the legal billing
standards Rolen developed and said he’d like to have a discussion of legal
services at a future Board meeting.
5.3 Issues of
Concern
6.
PUBLIC COMMENT
Gail VanTassel, teacher with 21 years in the District, explained
how she teaches her students the difference between fact and opinion and listed
a number of positive events, experiences, and achievements in MDUSD under Superintendent
McHenry’s leadership. Dorothy Englund, parent, read from the Brown Act, said
she does not believe the Board has been adhering to it, and asked the Board to
review policies and practices to make sure that it does. Debbie Birnbaum,
teacher, said she and others respect what their union leadership is trying to
do for teachers, but took issue with a recent survey of members, saying it does
not reflect the opinions of all teachers. Rebecca Jensen, parent and former
Measure C committee member, expressed frustration at teacher turnover, budget
cuts, and contract negotiations and urged the Board to do what it takes to
attract and retain teachers. A number of parents and students spoke in support
of Greg Dunn, head baseball coach at College Park High, who was recently
released from his assignment. Parents included Art Flores and Kris Nuyten.
Students/baseball team members included: Kevin Smith, Tommy Holcomb, Josh Nuyten,
Jimmy Gardner, Travis Smith, and Harmen Sidhu.
7.
COMMUNICATIONS
7.1 Organizations
8.
REPORTS/INFORMATION: Summer
Intervention Program
Director of Alternative Education
- Students served K-8
▪
Retained students
▪
At-Risk of Retention
▪
I.E.P.--Extended Year
▪
Academic Enrichment
- Students served 9-12
▪
Students needing to make up a failed grade or to stay
on track towards graduation
▪
CAHSEE Preparation
▪
I.E.P. - Extended Year
▪
Elective original credit courses
- Enrollment
- Successful schedule
§
4-week program for K-8 Intervention and Extended Year
§
Improved teacher recruitment
§
More time to prepare site for school year
§
Enrichment Programs at selected sites
§
3-by-3 schedule for High Schools
§
Both semesters of courses available during summer
§
Focus on single course per 3 week session
§
Increased enrollment and attendance
- Successful
instruction
§
Collaborative service delivers at high
schools
§
Program for students with autism
§
Transition curriculum for students with severe
disabilities
§
Service Learning
§
Work Experience Education
§
Visual
and Performing Arts
§
Talents
to Go
§
After School Organic Garden Project
§
CAHSEE Preparation
§
69 students graduated upon completion of summer
school
- Staffing
§
429 teachers
§
26 administrators
§
27 clerical support
§
214 instructional assistants
§
17 campus supervisors
- Plans for Summer 2008
§
Continued focus on alignment with regular year
program
§
Continued focus on CAHSEE preparation
§
Expansion of Performing Arts Program for 6-9th grade
students
§
Exploration of more sheltered instruction for English
learners
§
Social skills camps for students with autism
Board/staff comment Mayo said she was
excited to see the number of students who graduated and thanked the teachers
who facilitated their success. Allen noted that the Visual and Performing Arts Program
was the superintendent’s idea and said he hopes to see it grow. McHenry
remarked that, at a math teacher’s suggestion, the Curriculum and Instruction staff
are looking at standardizing the Algebra I curriculum, so the summer course matches
what is taught during the regular school year. Treece said she’s impressed that
the District continues to find creative ways to provide instruction over the
summer.
9.
SUPERINTENDENT'S REPORT
McHenry reported that the state no
longer allows an exemption from the CAHSEE for students who have an IEP. As of
this school year, they now must pass the Exit Exam to receive a diploma. District
staff have notified students of this change in policy. Referring to the report
card on his performance presented by the MDEA president earlier in the meeting,
McHenry noted that he has been an administrator for 31 years. In a previous
district, where he was a site administrator for 13 years, both classified
employees and teachers were asked to fill out a questionnaire on both site and
district administrators’ performance. Calling it “a worthwhile process,” he
suggested that if it’s used in
10.
BUSINESS
10.1 Public
Hearing and Recommendation on Possible Budget Reductions
Public Hearing: Eberhart opened the hearing at 9:30 p.m. Jeff Apkarian, business
agent for Local One, said members of M&O and CST are opposed to potential
budget cuts. He expected the reductions would be discussed in the context of
bargaining and asked that they be set aside at this time. He said the list of
possible cuts does not appear to be even-handed as he does not see any
executive level positions on it. With no other requests to speak, Eberhart
closed the public hearing at 9:32 p.m.
Staff report McHenry reviewed
the recent history of budget reductions in the District. For three years, from
2002-03 to 2004-05, the decline in the state budget forced the MDUSD Board of
Education to reduce expenditures to keep the budget balanced and also to free
up some money to provide increased compensation for all District employees. In
2005 the Board commissioned a poll of voters in the District to gauge support
for a parcel tax; results showed a tax would not pass. In 2005-06 additional state
funding became available and the Board followed through on a promise made
during the reductions to restore positions and programs that were cut. Earlier
this year, the Board again commissioned a poll to determine support for a parcel
tax. In addition, a committee of volunteers worked hard to garner support and
the District held informational meetings and conducted an informal survey. Again,
there was not enough support for a tax to pass. The rationale for the tax was based
partly on the District’s inability to meet the salary demands that were coming
up during negotiations. It was made clear that if there is no support for a parcel
tax and no other additional source of sustainable revenue, the Board would have
no other choice but to consider some budget cuts. For the past two months
McHenry has met with labor leaders, employees, and parents to put together a
list of possible budget reductions. He is willing to have more meetings before the
Board makes any decisions. He explained that some positions are on the list
simply because they are currently vacant. Positions are listed for each
employee unit, including management. Stressing that budget cuts are not
something anyone looks forward to, he asked, “What is the alternative? We are
in contract negotiations. Employees certainly deserve a competitive wage. That
is what we’re trying to do.” He said that cutting expenses is currently the
only mechanism available to meet employee compensation needs and that
responsibility for the cuts must be shared. Efforts already taken to reduce
District expenses include an audit of medical benefit dependent coverage,
controls over legal expenses, a change in the Workers’ Compensation provider, and
an energy conservation program that is making money available to improve
facilities. In the works is a plan for a Return To Work Program to further
reduce Workers’ Compensation costs.
Board comment Allen asked for
more public input. Given the need to cut $4.5 million, he wants to hear more
from the public before making decisions that will impact students and programs.
He agreed that money is needed for employee compensation, but wants more time
to review the list and consider the impacts. He suggested that community
meetings be held in the evening. Treece said she enjoyed talking to community
members about District priorities at the meetings regarding the parcel tax. The
Board went through three years of painful cuts and know that each item on the
list is critical. At same time, she believes it is important to recruit and
retain quality staff. “If we cannot bring in new revenue,” she said, “we will
have to cut.” She looks forward to talking to community members again and
asking for ideas on where best to cut with the least impact on students. Strange
said it is clear that the budget must be cut. His research has shown him that
only Unrestricted Revenue can be used for employee compensation and that MDUSD’s
Unrestricted Revenue, based on a formula set in 1977, is the lowest among the surrounding
districts. He believes that if the goal is to pay the highest wages, the
District ultimately will have to have local revenue (i.e. a parcel tax). He
pointed out that the teachers union leadership has been saying that the
District needs to reprioritize the budget. Mayo said she is looking at budget
reductions “with a heavy heart. Every employee in the District is valuable;
none should be released for reasons other than non-performance.” She believes everyone
in the District has worked hard to make sure money is wisely spent, noting that
the cuts are necessary not just for employee compensation, but due to declining
enrollment and unanticipated expenses. She agrees with the need to meet with
the District community and listen to people’s preferences. Eberhart agreed that
the public needs opportunities to see, review, and comment on the list of
possible budget cuts. He stressed that employees do need to be better
compensated. He said the Board has always made a sincere effort to be
even-handed whenever it’s made budget cuts and when it’s added positions back
as funding becomes available. In the process, the need to maintain
organizational efficiency is key. It may actually cost money to cut some
positions while it may save money to add in some areas. For example, he said,
some of the $1 million the District spends on contracted services for Speech
Language Pathologists could be saved if the District could adjust the salary
for that position to attract and hire qualified candidates, who would have a
stronger allegiance to the District as employees than as independent
contractors. Board members and McHenry reviewed the impact of some of the items
on the list. Eberhart asked that custodial supervisor positions be added to the
list, recalling a recommendation to that effect made several years ago. Board
members agreed to hold two meetings on Tuesday, November 27, even though
Eberhart and Allen will be at the CSBA Delegate Assembly that evening. McHenry
suggested that the November 26 Board meeting be held at a school site rather
than in the
10.2 Professional
Services Agreement – Legal Counsel: Lozano Smith
Board/staff comment Rolen pointed out
that the District is using Lozano Smith solely in the matter of the Fibar
dispute within the Special Education Consent Decree. In response to Eberhart,
he said that Lozano Smith has not agreed to the District’s new “legal billing
standards,” but its bills are submitted to LexTech for audit and the law firm
has never challenged any recommended adjustments. Eberhart would like all law
firms to have to sign off on the District’s legal billing standards in order to
do business with the District. In response to Treece, McHenry explained that in
2005, when the General Counsel position was created, staff considered
developing legal billing standards as a mechanism to control legal costs. Rolen,
then the newly hired General Counsel, suggested that the District use an
auditing service to review all legal bills and also developed the legal billing
standards. In informing firms about the standards, it was noted that those that
had existing contracts with the District would continue to operate under those
contracts. The billing standards do not delineate rates, but rates were set at
the time the standards were developed and law firms are asked to agree to them.
The standards and the use of an auditing service were implemented as
administrative mechanisms to control costs. In regard to rate limits, Treece
echoed Eberhart’s comments under the previous agenda item that sometimes it’s
necessary to spend money to save money. She appreciates having the legal
billing standards, but understands that sometimes it costs more to get the
expertise needed for a particular matter.
Board action Allen moved, Mayo
seconded, and the Board voted 5-0-0 to approve an agreement with the Lozano
Smith law firm for professional services. Fiscal Impact: Not to exceed $50,000 annually. Funding
Source: General Fund/Measure C
10.3 Legal
Bill Auditing Service Agreement – LexTech, Inc.
Strange moved, Allen seconded, and the Board voted 5-0-0 to
approve an agreement with LexTech, Inc., a legal bill auditing services firm
that has been working with the District under a trail arrangement since 2005. Rolen
introduced LexTech CEO Richard Hall to the Board. Based on the quality of
service and savings realized, staff recommended formalizing the agreement to a
new flat fee of 3% of gross billings. Fiscal Impact: Estimated $30,000 expenditure resulting in an
estimated $155,000 savings. Funding Source:
General Fund
10.4 Consider
Review and Update of Job Description for Chief Financial Officer
The job description for Chief Financial Officer was approved
by the Board of Education on May 10, 2005. Changes have been made to the job
duties since that time. It is necessary to update the job description to
reflect those changes. Presented only as information at this time, this item
will be returned for action at a subsequent meeting.
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, Strange seconded, and the Board voted 5-0-0 to extend the
meeting time until 11:30 p.m.
10.5 Williams
Quarterly Summary Report – October 2007
Strange moved, Allen seconded, and the Board voted 5-0-0 to
ratify the quarterly report on Williams Uniform Complaints. Quarterly reports
reflect complaints regarding textbooks and instructional materials, teacher
vacancy or misassignments, and facilities conditions. This quarter’s report
includes the months of August, September, and October 2007.
10.6 Report
on Williams Lawsuit Schools
Strange moved, Treece seconded, and the Board voted 5-0-0 to
accept the report from the Contra Costa County Superintendent of Schools. Education
Code 1240(c)(2)(B) requires that schools identified in the Williams Settlement
in each county be visited within the first four weeks of school, that noted
areas be reviewed, and that a report be submitted to the governing board for
inclusion at a regularly scheduled November board meeting.
Board comment Mayo said she’d
asked Nicoll earlier in the day for clarification of a note on the
10.7 Resolution
07/08-44 Authorizing Emergency Contracts for the Demolition of Interim
Classrooms at Olympic High School
Treece moved, Allen seconded, and the Board voted 5-0-0 to
adopt Resolution 07/08-44, authorizing the District to enter into emergency
contracts for the following work at Olympic High during Winter Break 2007: the
demolition of 6 classrooms and 2 restrooms deemed by the Division of State
Architect (DSA) to be unsafe and the installation of utilities needed for
temporary classrooms. Fiscal Impact:
Costs not to exceed $500,000
Funding Source: Proposition 55
funds (Note: may eliminate installation of air conditioning at one or more
currently identified schools).
10.8 Modification
to Agenda Calendar
Strange moved, Mayo seconded, and the Board voted 5-0-0 to
modify the Board meeting calendar, changing the regular Board meeting scheduled
for Tuesday, November 27, to Monday, November 26.
10.9 Community
Advisory Committee – Renewal of Membership
Strange moved, Treece seconded, and the Board voted 5-0-0 to
approve parents Russ Cohen, Sherry Doyle, and Susan Dupuis as continuing
members of the Community Advisory Committee (CAC) as recommended by the CAC at
its meeting of November 5, 2007.
10.10 Membership Recommendation for the Community Advisory Committee
Allen moved, Treece seconded, and the Board voted 5-0-0 to
approve parent Gina Hale as a new member of the Community Advisory Committee
(CAC), as recommended by the CAC at its meeting of November 5, 2007.
11.
ADJOURNMENT
Eberhart adjourned the meeting to
Closed Session at 11:08 p.m. to discuss the superintendent’s evaluation. Eberhart
adjourned the meeting at 11:30 p.m.