Part of the Bay Area News Group

MDUSD board meeting June 4, 2012

By Theresa Harrington
Monday, June 4th, 2012 at 5:49 pm in Mt. Diablo school district.

The Mt. Diablo school board expects to vote on several items at tonight’s meeting, including the appointment of a director of secondary support, third interim budget report, continued use of the KVHS radio station, post-retirement contract renewal for Pete Pedersen, several special education contracts, and a proposed format for public input and informational meetings.

The board also expects to discuss several information items, including the athletic budget, transportation changes next year, leasing space on the closed Holbrook Elementary campus to a special education school, forming an employee unions council and revising two job descriptions.

In addition, the board expects to approve 23 items on the consent calendar (without discussion) including personnel actions, contract awards, two new courses of study, and a “choose civility” initiative promoted by County Schools Superintendent Joe Ovick, which calls for the board to promote the importance of civility.

Other information items include recognition of a regional middle school National History Champion from Sequoia Middle School, a state Energy Quest contest award winner, and a report on a “Teaching American History” grant.

Do you believe MDUSD trustees demonstrates civility in their interactions with each other, staff and the public?

7:40 p.m. UPDATE/LIVE BLOG OF MEETING: The board is now voting on student expulsions.

There was no report regarding the public employee discipline/dismissal/release/complaint

MDEA president Mike Langley told me privately that the union has endorsed Brian Lawrence and Attila Gabor for the November election.

Debbie Hickey said item 9.24 should be a cst job, not a csea job.
Item was pulled and board unanimously approved rest of consent calendar.

9.24 Board had a glitch regarding the EBS voting, but I believe this was unanimously approved after Julie Braun-Martin explained rationale for it being a csea job.

11.0 Recognitions: Supt. Lawrence recognized a Concord HS team for winning a championship, Sequoia MS student David Leynov for qualifying for Middle School National History Bee and Bianca Nunez from Riverview MS, a state Energy Quest contest award winner.

13.1 Dist. Orgs.

1. Mike Langley introduced his successor Guy Moore.

2. Lorrie Davis of CAC thanked district for recent special ed parent meeting.

14.0 Teaching American History grant.
Presenters said board was given a thick packet of materials and Powerpoint doesn’t seem to be working.
No packet or Powerpoint has been attached to the agenda: http://esbpublic.mdusd.k12.ca.us/public_itemview.aspx?ItemId=5458&mtgId=344
Powerpoint has shown up unexpectedly.
Streamed up to this point on www.qik.com/tharrington.
More info is at www.tah4all.org

15.1 Superintendent’s Report:
Superintendent Steven Lawrence presented a Powerpoint showing where grads are going after they graduate: http://esb.mdusd.k12.ca.us/attachments/93d18e22-a2d0-4be5-bc5c-561dd298f310.pdf

Here’s a sampling of the info:

Clayton Valley High School 2012 graduates:
 150 students will be attending a four year college
 38 are going to a UC
 59 are going to a CSU.
 222 students are planning to attend a two year
college

16.1 Appointment of Director, Secondary Support: Bill Morones
Trustee Cheryl Hansen says she does not support because he’s had such a record of change over past six years, so there is no clear record of achievement.
Passed 4-1 (Hansen against)
Morones thanks board.

16.2 Third Interim Report: CFO Bryan Richards present Powerpoint: http://esbpublic.mdusd.k12.ca.us/public_itemview.aspx?ItemId=5287&mtgId=344

Here are highlights:

 The mid-year trigger cuts have been consolidated into one additional cut of $441/ADA to the revenue limit (raising deficit factor to approximately 28.853%)

 The mid-year trigger cut comes into play if Governor Brown’s tax measure does not pass in November

DECLINING ENROLLMENT
We are still declining in enrollment
We declined 113.92 ADA in 2011/12 from 2010/11
We project we will decline 270.50 ADA in 2012/13
This does not include effect of Clayton Valley charter school conversion
 An additional decline of 1,777 ADA

KEY FINANCIAL ELEMENTS OF POTENTIAL SETTLEMENT WITH MDEA
 3% one time off-schedule payment
 Formula to address mid-year cuts:
 For each $38 drop in the funded Base Revenue Limit per unit of ADA from the current Governor’s projection of $5,208.57 in 2012-13, one furlough day will be implemented (up to 11 days)
 For each $38 gain in the funded Base Revenue Limit per unit of ADA from $5,208.57 in 2012-13, an
ongoing salary increase of 0.54% will be implemented.
 Changes to teacher hourly rates:
 Non Standards based instruction from $20 to $25
 Standards based instruction from $25 to $31

Although MDEA hasn’t yet voted on this agreement, it has been built into the Third Interim Budget Report.

UNRESTRICTED GENERAL FUND SUMMARY
 Net Available Revenue $ 157,031,702
 Net Expenditures 166,758,321
 Net (decrease) fund bal. ( 9,726,618)
 Beginning Balance, July 1 45,543,431
 Projected Ending Balance $ 35,816,813

COMPONENTS OF ENDING BALANCE
 Revolving Cash $ 300,000
 Stores Inventory 419,478
 Economic Uncertainties (2%) 5,978,577
 IRS Assessment Resolution 533,500
 Tier 3 Balances & Site carryovers 4,870,743
 Undesignated 23,714,515
 Ending Balance $ 35,816,813

RESTRICTED GENERAL FUND SUMMARY
 Total Revenue $ 131,557,650
 Total Expenditures 137,149,595
 Net (decrease) in fund bal. ( 5,591,945)
 Beginning Balance (Carryover)
as of July 1, 2011 13,180,548
 Projected Ending Balance $ 7,588,603

SUPPLEMENTAL INFORMATION
 Form AI: Average Daily Attendance decrease of (113.92) in 11/12 will decrease funding for 12/13.
 Form CASH: Cash Flow – Ending GF cash will be positive but projecting a decline of $16.9M
 Form RLI: Revenue Limit Calculations

CLAYTON VALLEY CONVERSION CHARTER EFFECT – UNRESTRICTED GENERAL FUND
 Revenue Limit decrease $ (10,996,076)
 Rent on CVHS property 450,649
 Certificated Salary decrease 4,591,659
 Classified Salary decrease 510,091
 Benefits decrease 1,525,846
 Books & supplies decrease 71,152
 Services & operating decrease 307,349
 Tier 3 pass through ($127/ADA) (225,679)
 Net effect annually $ ( 3,765,009)
 Based on 1,777 units of ADA

FORM MYPI: MULTI YEAR PROJECTION
Taxes Pass TA with MDEA
Unappropriated Ending Balance @ 6/12 23,714,512
Operating Deficit 2012/13 -11,878,320
Adjust reserves 2,148,016
Unappropriated Ending Balance @ 6/13 13,984,208
Operating Deficit 2013/14 -10,477,160
Adjust reserves 1,838,042
Unappropriated Ending Balance @ 6/14 5,345,090

FORM MYPI: MULTI YEAR PROJECTION
Taxes Pass TA with MDEA
Unappropriated Ending Balance @ 6/12 23,714,512
Operating Deficit 2012/13 -11,878,320
Adjust reserves 2,148,016
Unappropriated Ending Balance @ 6/13 13,984,208
Operating Deficit 2013/14 -10,477,160
Adjust reserves 1,838,042
Unappropriated Ending Balance @ 6/14 5,345,090

FROM SIX BUDGETS TO TWO
Taxes Pass Certification* UEB 6/30/13 UEB 6/30/14
TA with MDEA Positive 13,984,208 5,345,090
Taxes Fail
TA with MDEA Qualified 10,226,355 -2,962,486

*Note: There is no certification on third interim, this is what the certifications would be if we were at second interim.

LAO ISSUES MAY REVISE ASSESSMENT
 The Legislative Analyst agrees with Governor’s office that the budget problem over 2011-12 and 2012-13 has grown to $15.7 billion.
 There are concerns about the estimations of Redevelopment Agency Funds being overestimated.
 The budget relies on enactment of the Governor’s tax initiative in November.

NO CERTIFICATION REQUIRED
 Third interim does not require a certification. However, we are happy to report that after implementing the proposed settlement with MDEA, the district is positive through June 2014 if the taxes pass.
 We have a significant gap between revenues and expenditures that must be addressed going forward as we will not be positive through June 2015 at budget adoption if we keep on our current trajectory, even if the taxes pass

Passed unanimously.

Moved up item 16.20: Transportation Changes for 2012-13
Superintendent Lawrence explains that transportation would be cut for Delta View Elem. students and overflow students within a five-mile radius.

Public comment:
1. A mother says she relies on the transportation for her children since she works in San Francisco and drops her children off at another person’s house.
2. Willie Mims says public should be able to see FCMAT report on which recommendation is based. He says the decision to cut transportation for Delta View could be viewed as hurting minorities.
3. Another Delta View Elem. mother urges board to maintain busing, since she also works in San Francisco.
4. Another mother pleads with board to retain Delta View busing, saying many parents are waiting for such good news.
Lawrence says FCMAT report may not be ready until August.
Whitmarsh asks Lawrence to proceed and bring back to next meeting. She says parents can come and speak again.
This was an information item and will be brought back as a vote as part of proposed budget reductions.

16.3 Public hearing utilizing flexibility authorized by SBX3 4 and SB70:
CFO Bryan Richards says public hearing is required.
No speakers.

16.4 Resolution #11/12-48 on Utilizing Flexibility Authorized by SBX3 4 and SB70
Mayo reads off list of affected programs and says: “I don’t like it.”
Passes unanimously.

Pulled item 16.5 and did not discuss or vote on it.

16.6 Declaration of need for fully qualified educators: Passed unanimously.

16.7 Food and nutrition services purchases 2012-13: Passed unanimously

16.8 Post Retirement Contract Renewal for Peder Pedersen:
Eberhart says his knowledge of construction, etc. in the district is “second to none.” Says he was not happy at the prospect of Pedersen retiring. “When we pay Mr. Pedersen half-time, I’m sure that we are getting more than half-time.”
Hansen also praised Pedersen for his integrity and hard work.
Passed unanimously.

16.9 Resolution #11/12-50 Specification of Election Order
Carries unanimously.

16.10 Revise 2012-13 School Calendar
Lawrence says revision would allow a furlough day at end of school year if governor’s proposed taxes fail.
Guy Moore supports and says it would give maximum flexibility and preserve a school day.
Passed unanimously.

16.11 Public hearing to adopt the Mt. Diablo school district Special Education Local Plan Area (SELPA) annual budget plan, etc.
Passed unanimously.

16.12 Approve Independent Service Contracts for Cherri Duffy and Deiredre Ryan Booth
Passed unanimously.

16.13 Approve NPA Behavioral Service Contract – PLAY
Passed unanimously.

16.14 PULLED at request of staff, according to Mildred Browne

16.15 Approve adjustments to non-public school purchase order/contracts
Unanimously passed.

16.16 Approve adjustments to independent service contracts/purchase orders
Passed unanimously.

16.17 Approve adjustments to non-public school contracts/purchase orders for residential/mental health for 2011/12
Passed unanimously.

16.18 Public input and informational meetings.
Hansen moves approval as presented and Dennler seconds.
Whitmarsh amends to have first two input meetings for strategic plan and not address the other four. Eberhart seconds.
Whitmarsh says could take place at next regular board meeting.
Passes 5-0.

Eberhart asks if it would be appropriate to move to eliminate the other four meetings. Rolen says he would not be comfortable with that. Eberhart says he wants to bring that back on the next board agenda.

16.19 Athletic Budget
Eberhart says the board should consider contributing more money to help low-income students participate.
Whitmarsh asserts that Clayton Valley Charter High would no longer be part of UMDAF, but Lawrence says he believes CVCHS would continue to participate in UMDAF for at least one more year.
This is for information only and will be brought back as part of the budget at the next meeting.

16.21 Joint Use Lease Agreement Between Mt. Diablo Unified School District and Anova Center for Education:
Rolen says school would serve high-functioning autistic students.
Director says school is limited to 14 students per class and would look at about three or four classrooms.
Mayo says school serves six district students.
Hansen says district should come up with long-term plans for the closed schools.
Lawrence says district realized savings by bringing in special ed program to Glenbrook and placing Measure C team to Holbrook, which helped reduce number of schools closed from two to three.
Eberhart says it will help the six families by bringing program closer and will give district additional oversight.
Hansen asks for continued dialogue with public regarding how programs work together on same campuses.
This will be brought back at the next meeting.

16.22 MDUSD Employee Unions’ Council
Hansen says this was her idea. Lawrence says some meetings are already happening and he will work on calendaring future meetings with individual unions, along with some joint meetings.
Eberhart objects to the idea of having the superintendent reporting what is said at those meetings to the public.
Mayo says it sounds like it’s done.

16.23 New job description for Coordinator of After School Programs:
Debra Mason questions rationale and asks what salary would be.
Info only. No one responds to Mason’s questions.
Will come back to next meeting.

16.24 Revise Job Description for Administrator, After School Services
Info only.

17.0 Board Member Reports:

Hansen speaks about a touching Bridge Program graduation, then complains that she was interviewed by the District Attorney regarding an anonymous complaint based on a comment by an anonymous blogger. She asks Rolen to contact DA and get to the bottom of it, saying it seems like a thinly-veiled attempt to threaten and intimidate board members. Eberhart says an individual board member cannot direct the general counsel and says perhaps it should be placed on a closed session agenda.

Eberhart asked to bring back the censure policy for action at the next board meeting.

Mayo talked about graduations and asked that the meeting be adjourned in memory of Mary Butler, a former English teacher at CPHS.

Whitmarsh invited the public to Centre Concord to see Grad Night decorations and reminded everyone about upcoming graduations and the Tuesday election.

She adjourned the meeting in memory of Mary Butler.

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  • Theresa Harrington

    Alicia: I corrected post #86 to show that you did not make the PRA request, but that you know someone who did.

    I still have not heard back from Lawrence in response to my email asking why the bond documents were not presented, as falsely stated in the resolution. I also have not heard back from DA Mark Peterson regarding your Brown Act complaint and my follow-up questions regarding the false resolution submitted to the Board of Supervisors.

  • Alicia

    #101 – The resolution pertaining to the decision to approve the first $110 million of 2010 Measure C bonds has many attachments, some of which appear to be in draft form. See
    http://esb.mdusd.k12.ca.us/attachments/ff1de4cf-3178-4ba0-93b1-c775096e5d63.pdf

    Nonetheless, the April 23rd resolution had no attachments. Theresa, it just may be that staff made a mistake and the referenced documents did not exist at the time, and so there is nothing to produce.

  • Alicia

    @96…Theresa, that is interesting. Grand Jury reports are addressed to the Board, not staff. So isn’t it the Trustee’s duty to respond to the Grand Jury? Is there something in the Board Bylaws giving general counsel full discretion to act as Agent of the Board without the Board having to grant him such authority in a public meeting?

    The response to the Grand Jury may have been different if the Board had carried out its duty to respond to the Grand Jury themselves.

  • Doctor J

    Wonder why Alicia and Theresa can’t get a straight answer from Lawrence ? Is this lack of compliance with the Brown Act sound familiar in MDUSD ? Lawrence has a track record of non-adherence to the Brown Act. From Lawrence’s record as Supt in West Sacramento [along with Sue Brothers, Asst. Supt.], as reported by the Yolo County Grand Jury: “State law requires schools to post site council meeting notices 72 hours prior to the meetings. The school and District office staff were unable to produce any site council meeting notices. There was no documentary or credible oral evidence that site council meetings were held, including agendas, minutes or sign-in sheets. In October 2009, a YHS document (SPSA) was developed, purportedly approved by a valid YHS school site council and was submitted in January 2010 to the WUSD and sent to the State. The SPSA contains an attestation that it was
    adopted by the school site council at a public meeting on January 13, 2010. The Grand Jury determined a valid YHS school site council meeting did not occur in January 2010.”
    As Board Secretary and School Supt, Steven where is the documentary evidence that MDUSD is in compliance with the Brown Act in giving 72 hours notice, posted on the website and at an available public access, of its meetings ? Show us the documents Alicia and Theresa seek.
    You can read the Yolo County Grand Jury report yourself on pages 33-36 at http://www.yolocounty.org/Modules/ShowDocument.aspx?documentid=16779 BTW, the Board response, after Lawrence left to MDUSD, was to admit the findings of the Grand Jury. Shortly thereafter Sue Brothers’s duties as Asst. Supt. were “reassigned” by the School Board to undetermined duties. Shortly after the reassignment, Lawrence offered her a job in MDUSD as the last principal of CVHS. Her position for next year remains a closely held secret.

  • Theresa Harrington

    Alicia: That would be a pretty big “mistake” to forget that you didn’t have the bond documents that you claim in your resolution are being presented to the board and approved. As has already been mentioned, it is likely that the County Board of Supervisors relied on this misrepresentation when it approved its own resolution approving the bond sales. Perhaps in the future, supervisors will demand to see these documents for themselves, instead of believing that the MDUSD board, superintendent and general counsel have actually reviewed them and approved them — or even drafted them.

    Regarding the Grand Jury response, I agree that it seems odd that the board allowed Rolen to respond on its behalf and I don’t know why he assumed he had the authority to do that. It would seem logical that it should be brought before the board so the public can comment on it and hear the board deliberate about its response.

    Dr. J: This also reminds me of when Superintendent Lawrence repeatedly claimed to me that the 2010 Measure C bond resolution included the fact that the district planned to extend the 2002 tax rate. As I’m sure you recall, that detail was not revealed until after the board vote and it was not in the resolution, as Lawrence claimed. And of course now, we’ve come full circle. Since it wasn’t actually in the resolution, the board was not bound to keep its promise to maintain the 2002 tax rate.

  • Doctor J

    Am I right that the April 23 Agenda attachment to 16.5 has been doctored from the proposed resolution considered at the Board meeting ? Looking at the footer, it appears that it is Version 3. What version was attached to the original Agenda and considered by the Board ?

  • Theresa Harrington

    No, it looks like the same version that was submitted to the County Board of Supervisors. The first version posted with the agenda says: “Mt. Diablo USD 2010 G O bonds District Reso V 2.DOC” in the footer.

  • g

    As far as I can tell, the only notable change from Version 2 and Version 3 is the addition of “…, however, the Bonds shall be issued as current interest bonds only.”

    The term “… ‘acquisition’ and
    improvement of certain real property,…” was left in, which leaves us wide open to new real estate being purchased.

    However, as it might pertain to the City of Pittsburg loan for the Bay Point property; that, I believe, is a zero interest loan, so hopefully no one will be ignorant enough to use Bond funds to “prepay” any of that debt.

    On the other hand, the terminology leaves it wide open that taxpayers from as far away as Walnut Creek, Pleasant Hill, Pacheco and Concord/Clayton will foot the bill for, yet another, new school in Bay Point.

  • Theresa Harrington

    The other major change is the unauthorized addition Section 13, which says:

    “Section 13. Indemnification. The District shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of a resolution by the County Board of Supervisors providing for the issuance and sale of the Bonds, or related to the proceedings for sale, award, issuance and delivery of the Bonds in accordance therewith and herewith. The District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any
    such claims or actions.”

  • Theresa Harrington

    Please note that the Concord Transcript and Pleasant Hill/Martinez Record newspapers incorrectly printed in their meeting calendar sections that the MDUSD board would meet Monday, June 11. The next meeting is actually June 25.

  • Doctor J

    @TH#107, v2 was attached to the posted agenda before the meeting and the one considered by the Board. V3 was not created until following the meeting, and surepiticiously substituted on the Agenda sometime after the Board meeting to make it appear that it was the one considered by the Board, but it wasn’t. V3 on the agenda looks like the one submitted to the County. Section 13 was never considered by the Board. I don’t know how Lawrence is going to get around this when the documents are out there and printed. Board member’s copies will tell the truth.

  • Theresa Harrington

    Yes, this is what I’ve been saying all along. Also, obviously, the bond documents are missing entirely.

    I have still not heard back from Lawrence or Peterson, after leaving Peterson a voicemail and sending Lawrence a follow-up email yesterday.

    I have asked Lawrence to provide the bond documents to me immediately, since they are reportedly “on file” with him.

  • Doctor J

    @TH#112 Time to get the Times legal beagles on Lawrence’s trail of deception as he runs from the truth. The ten days of the PRA does not apply where the documents are readily available — its not a stall tactic. Perhaps the Transcript and Record got notice of a Special Meeting for Monday night [AB 1344], and you are being excluded ?

  • Theresa Harrington

    I have not submitted a PRA because the documents are reportedly on file and were erroneously reportedly presented at the meeting. Also, I have not received a response, so I don’t know if the district is stalling or plans to reject my request. The “legal beagles” don’t usually get involved unless a request is rejected (such as Rolen’s past refusal to provide Measure C voter poll results, saying it was not in the public’s best interest).

    However, as you know, Alicia Minyen and I have alerted the DA about the missing bond documents. Soon, I will contact other county officials about the district’s misrepresentations.

  • Theresa Harrington

    FYI, here is the clause that STILL allows for the acquisition of property, in violation of the board’s direction to Lawrence and Rolen (RELEVANT PORTION IS IN ALL CAPS):

    “Section 2. Purpose and Authorization. This District Board hereby determines that general obligation bonds of the District in the aggregate principal amount of not to exceed $150,000,000 be offered for sale, in one or more series (the “Bonds”), as more particularly described in Section 3 below, the proceeds of which are to be used for the ACQUISITION AND improvement of certain REAL PROPERTY, equipping and furnishing of facilities of the District, as set forth in the bond proposition approved at the Election.”

  • Theresa Harrington

    As a side note, a YVHS resident told me that Sherry Whitmarsh assured the neighbors that she would ask staff to pursue mitigation to the field lights project, if it is approved, after the board votes to approve it.

    He was skeptical, so he asked her to give him her word, which she did, according to the resident.

    How likely do you think it is that the board would pursue mitigation to a project after it is approved?

  • Doctor J

    Here is a great list of “legal resources” provided by the First Amendment Coalition about PRA requests. It would appear that any request, verbal or written, is considered a PRA request. http://www.firstamendmentcoalition.org/category/resources/access-to-records/

  • Theresa Harrington

    Yes, that’s true. However, sometimes the district fails to respond to informal requests. When this happens, I follow up with a formal PRA. But I always remind the district that the initial request should have been honored as a PRA.

  • Doctor J

    @TH#115 The lie of all lies: “acquisition . . .of certain real property . . . as set forth in the bond proposition approved at the election.” Not a word about acquisition of real property in the bond proposition. Read it for yourself: http://www.cocovote.us/getdocument.aspx%3Fid%3D332&sa=U&ei=f1_ST7ilDsqamQWuqJCFAw&ved=0CA0QFjAE&client=internal-uds-cse&usg=AFQjCNH9oFeKnIwtUTjPKGRaj0jqMVcmPg

  • Theresa Harrington

    Here’s the announcement of MDEA’s approval of the tentative agreement: http://bit.ly/KhuWay

  • g

    Dr. J: Really! Didn’t you understand from 2002 that “add classrooms” was the exact same thing as “buy acreage, build entire schools”! Really!

    They got by with it then. Only Pedersen and Eberhart are significant as carry-overs from back then. Who do you think is “advising” Lawrence and Rolen on the subtleties of diversion tactics?

  • Doctor J

    3% Bonus to Lawrence, the BIG5, and all other Dent and site administrators according to the secret management agreement with DMA that matches any raise or bonus given MDEA.

  • Doctor J

    @G Just because a bank robber gets away with one bank roberry, it doesn’t mean he can’t get prosecuted with the next one. I think DA Mark Peterson opened a can of worms and he is now trying to figure out how many worms are in the can. If he doesn’t pursue Eberhart and Lawrence now, its going to look like collusion and corruption, and start a federal probe — oh that could be ugly for the 2014 election. Besides, conservative special interest lawfirms like the Pacific Legal Foundation, Howard Jarvis Taxpayers Association and maybe even the First Amendment Coalition might be eager to make a test case out of Measure C.

  • Theresa Harrington

    I have received Lawrence’s response and will post it shortly. I still have not heard back from Peterson.

  • Theresa Harrington

    I have posted Lawrence’s responses, along with my original and follow-up emails: http://bit.ly/LCbPpd