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MDUSD board to consider approving YVHS field project and contract for Northgate HS aquatics center

By Theresa Harrington
Tuesday, September 24th, 2013 at 1:56 pm in Education, Mt. Diablo school district.

The Mt. Diablo school board on Wednesday expects to vote on several items of interest, including the district’s 2012-13 unaudited actual financial report, accepting the Environmental Impact report for the Ygnacio Valley HS field lighting project, approving the field lighting project, awarding an $836,430.00 contract to Taber Construction for the project, awarding an $8,160.00 project inspection contract for the project to Alisha Jensen, a lease-leaseback preliminary services agreement with Kenridge Builders, Inc. for the Northgate HS aquatics center, the extension of Local One union contracts and a Northgate HS volleyball team trip to the 5th annual Nike Tournament of Champions in Phoenix, Ariz.

Here is the complete agenda for the meeting, which begins at 7:30 p.m. Wednesday in the district board room at 1936 Carlotta Drive in Concord:

“1.0 Call to Order
1.1 President will call the meeting to order Info

2.0 Announcements
2.1 In closed session, the Board will consider the items listed on the closed session agenda. Info

3.0 Public Comment
3.1 The public may address the Board concerning items that are scheduled for discussion during closed session only. These presentations are limited to three minutes each, or a total of thirty minutes for all speakers or the three minute limit may be shortened. Speakers are not allowed to yield their time. Info

4.0 Adjourn to Closed Session at 6:00 p.m.
4.1 Negotiations – The Board may discuss negotiations or provide direction to its representatives regarding represented employees, pursuant to EERA (Govt. Code Section 3549.1) Agency negotiators: Julie Braun Martin and Deborah Cooksey. Agencies: MDEA, CSEA, Local One M&O, Local One CST, MDSPA, and Supervisory. Action
4.2 Readmission of four (4) students to Mt. Diablo Unified School District. Action
4.3 Admission of Student #A-14 into the Mt. Diablo Unified School District. Action
4.4 Admission of Student #B-14 into the Mt. Diablo Unified School District. Action
4.5 Anticipated Litigation – Conference with Legal Counsel regarding amicus curiae participation in litigation in one (1) matter pursuant to Gov’t. Code Section 54956.9 (c). Action

5.0 Reconvene Open Session
5.1 Reconvene Open Session at 7:30 p.m. Info
6.0 Preliminary Business
6.1 Pledge of Allegiance and Roll Call Info

7.0 Report Out Action Taken in Closed Session
7.1 Negotiations Action
7.2 Readmission of four (4) students Action
7.3 Admission of Student #A-14 Action
7.4 Admission of Student #B-14 Action
7.5 Anticipated Litigation Action

8.0 Consent Agenda Action
8.1 (Item #1) Items listed under Consent Agenda are considered routine and will be approved/adopted by a single motion. There will be no separate discussion of these items; however, any item may be removed from the consent agenda upon the request of any member of the Board and acted upon separately. Action
8.2 (Item #2) Recommended Action for Certificated Personnel Action
8.3 (Item #3) Request to increase Full Time Equivalent (FTE) for the 2013-2014 school year Action
8.4 (Item #4) Ed. Code 44623 (Teacher Consent Form) Action
8.5 (Item #5) Recommended Action for Classified Personnel Action
8.6 (Item #6) Classified Personnel: Request to Increase and Decrease Positions Action
8.7 (Item #7) Board Bylaw 9000 – Role of the Board Action
8.8 (Item #8) Board Bylaw 9200 – Limits of Board Member Authority Action
8.9 (Item #9) Increase purchase order with Non-Public Agency Community Options for Families and Youth (C.O.F.Y.) for Mental Health Services for the 2013-14 School Year Action
8.10 (Item #10) Approve adjustments to Non-Public School Contracts/Purchase Orders for the 2013-14 School Year Action
8.11 (Item #11) Agreement with Center for Human Development to provide parent education and counseling services at no cost to the district. Action
8.12 (Item #12) Agreement with La Clinica De La Raza, Inc. to continue providing free dental services in district schools. Action
8.13 (Item #13) Agreement with Youth Homes, Inc to provide counseling and support services for foster youth students in district schools. Action
8.14 (Item #14) Resolution # 13/14-14 – Authorizing District Representative for the School Facility Program Action
8.15 (Item #15) Notice of Completion for MDUSD Project #1637 Paint Package #1 Action
8.16 (Item #16) Notice of Completion for MDUSD Project #1648 Paint Package #2 Action
8.17 (Item #17) Final Change Order for LLB Project # 1648 for painting at various school sites (Meadow Homes & Oak Grove). Action
8.18 (Item #18) Final Change Order for LLB Project # 1637 for painting at various elementary school sites (Shore Acres, Bel Air & Rio Vista). Action
8.19 (Item #19) Contract Amendment: Verde Design, Inc. Action
8.20 (Item #20) Notice of Completion for MDUSD Project #1639 Strandwood Skylight Infill and Re-roof Action
8.21 (Item #21) Award of Design Services Contract: Interim Housing to Support 2014 Measure C Portable Replacement Program. Action
8.22 (Item #22) Approve of contract with Exploring New Horizons (ENH) for Mt. Diablo Elementary School Outdoor Ed Program Action
9.0 Consent Items Pulled for Discussion

10.0 Recognitions
10.1 Recognition of Improvement on the Academic Performance Index (API) Info

11.0 Public Comment
11.1 The public may address the Board regarding any item within the jurisdiction of the Board of Education of the Mt. Diablo Unified School District that is not on this agenda. These presentation are limited to three minutes each, or a total of thirty minutes for all speakers, or the three minute limit may be shortened. If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting. Speakers are not allowed to yield their time. Info
12.0 Communications
12.1 District Organizations – At regular Board meetings, a single spokesperson of each recognized district organization may make a brief presentation following the Consent Agenda. Items are limited to those which are informational. Info

13.0 Reports/Information
13.1 Update on District Pest Control Procedures Info
13.2 New and Revised Technology Policies – BP 3513, BP/AR 4040, BP 6162.7 Info
13.3 Board Bylaw 9323 – Meeting Conduct Info
13.4 Board Bylaw 9323.2 – Actions By The Board Info
13.5 Board Bylaw E 9323.2 – Actions By The Board Info
14.0 Superintendent’s Report

15.0 Business/Action Item
15.1 (Item #8) Pilot Program Regarding the Procedure for Biographies for DMA Employees Being Recommended for Positions. Action

15.2 Approval of Resolution – Hispanic Heritage Month Info/Action

15.3 National Adult Education and Family Literacy Week – September 23-29, 2013. Action

15.4 Approval of Adult Education course titles for 2013-2014 Action

15.5 Resolution #13/14-08 Adopting the District’s 2012-2013 GANN Appropriations Limit Action

15.6 Certification of the District’s 2012-2013 Unaudited Actual Financial Report Action

15.7 Authorizing Investment of Monies in the Local Agency Investment Fund Action

15.8 Adoption of Resolution Accepting Final Environmental Impact Report for the Ygnacio Valley High School Sports Field Lighting Project Action

15.9 Approval of Ygnacio Valley High School Stadium Lighting Project Action

15.10 Award of Bid for Bid #1645 Action

15.11 Award of Inspector of Record (Project Inspector) Contract for Sports Field Lighting Project at Ygnacio Valley High School Action

15.12 Preliminary Service Agreement for Project #1643 – Northgate High School Aquatic Center buiding and site work Action

15.13 RFQ/RFP 1658 – Approval of a Preliminary Services Agreement with Kenridge Builders, Incorporated to Support a new Aquatic Center, New Buildings and Site Work at Northgate High School. Action

15.14 Local One CST and M&O Contract Extension Action

15.15 Northgate High School’s Varsity Girls Volleyball Team Competing in the 5th Annual Nike Tournament of Champions in Phoenix,Arizona Info/Action

15.16 Meeting Extension Action

16.0 Future Agenda Items

17.0 Board Member Reports
17.1 Board reports Info

18.0 Closed Session
18.1 Items not completed during the first Closed Session will be carried over to this closed session. Action
19.0 Adjournment
19.1 Adjourn Meeting Info”

It is interesting to note that item 15.10 fails to name the project or the vendor who is to be awarded the contract. Yet, in the past, the board has asked Measure C staff to add this important information to agendas. It’s unclear how this lack of transparency was allowed to continue. The item is an $805,620.00 contract to be awarded to Taber Construction for Sports Field Lighting at Ygnacio Valley High School. This is a very controversial item, which the board and district staff know is of interest to the public. Although the new board majority has promised more transparency, this lapse shows that it may not be implemented unless trustees adopt a policy that demands that projects and contractors be listed on agendas.

Unfortunately, I won’t be able to attend the meeting. However, I plan to report on the outcome. Comments before, during and after the meeting are welcome on this blog post.

Which items interest you and why?

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  • Doctor J

    I don’t see where the “Revised Technology Policy” addresses the physical security of portable electronic devices such as leaving laptops on top of desks where easily stolen like Bryan Richards memory lapse has cost the district a couple of hundred thousand dollars. See Item 13.2

  • tmharrington

    Here is a new blog post that reviews how the Measure C projects list for Ygnacio Valley HS was developed: http://www.ibabuzz.com/onassignment/2013/09/25/a-closer-look-at-mdusd-measure-c-project-list-for-ygnacio-valley-high/

    The list presented to voters did NOT include field lights or a PA system.

  • tmharrington
  • Sherry Whitmarsh

    The board agenda changed yet again reports and information changed with the elimination of the pest report. There were two speaker for the item.

    Also last night the board decided to remove the YVHS agenda items. It was announced at the beginning of the meeting. No one at the school or the parents were notified. The neighbors must have been notified because there was only one in attendance. It’s too bad students have been put off by the board since August 14. It’s too bad students had to take off work and now have to take off work again, especially since the population is 73% free and reduced lunch and 84% are children of color.

  • Doctor J

    Sherry, thanks for the info — I tuned in late — what were the changes on the agenda and reports ? Why was the pest report eliminated ? I don’t understand why students had to take off work ? For what ? Aren’t the issues more related to the San Diego attorney that is representing the neighbors that successfully sued the San Diego Unified SD on almost identical issues ?

  • Doctor J

    Bryan Richards surprises the Board with a secret Power Point — last minute Bryan once again. Did you notice the body language of Dr. Nellie ? She was not impressed.

  • Sherry Whitmarsh

    The item 13.1 on this blog was different than the agenda presented at this meeting. 

    Students were there to support the EIR and the other agenda items. Many of them took off to attend the board meeting and will have to take off again. 

    Here’s the measure C ballot language. 

    MEASURE C: To support quality education and safety for local students, and reduce impacts of State budget cuts by improving science, career and technical education facilities; upgrading classroom instructional technology; repairing leaky roofs; improving safety; maximizing energy efficiency including adding solar panels and modern air conditioning; and repairing, replacing, equipping or modernizing other school facilities; shall Mt. Diablo Unified School District issue $348,000,000 of bonds at legal interest rates, with independent citizen oversight, audits, and no money for administrator salaries?

  • Sherry Whitmarsh

    Thank you Linda Mayo for bringing up equity to YVHS. Shame on those who think football is the only sport that would need lights.

  • Doctor J

    Sherry, have you read the Taxpayers v San Diego USD case on “specific projects” listed in the ballot ? That case was approved by the California Supreme Court at the end of July. I don’t see any language of a “specific project” for construction of new swimming pools or new construction of Stadium lights and sound systems. Generalized descriptions were rejected as not meeting the 55% bond vote requirement. I know you were part of the decision to make the list generalized, not specific. Can you please explain the thinking in doing that ?

  • Sherry Whitmarsh

    I have a legal opinion that these projects are valid under Measure C. My logic for no specific list is that schools (community, parents and staff) can decide what is most needed at the school. These needs can change in two or three years. For instance YV didn’t have an end time of 3:25, Oak Grove didn’t have as many students, etc.

  • Doctor J

    Sherry, what is the date of the legal “opinion”, who is the author, who was it given to, and if you are willing to have it posted, please forward it to Theresa. The “Taxpayers v. SDUSD” case was Filed on 3/26/13 and published on 4/25/13. The California Supreme Court approved it on July 31, 2013. Dr. Nellie is EXTREMELY familiar with the case. Here is a link to the case, and you can find links to all the legal arguments on both sides on that website. Judge for yourself. http://www.tfasbs.org/uploads/PRESS_RELEASE-08_01_2013.pdf

  • Sherry Whitmarsh

    I did not pay for the legal opinion therefore I do not feel that I can post it.

    If the board was concerned about the usage of Measure C then several items on the agenda should not have passed 5-0. I’m betting the board has received the same legal opinion that I have.

  • Doctor J

    Sherry, the vagueness of your answer, actually reveals that the legal “opinion” is not current with the Taxpayers case. The neighbor’s San Diego attorney already has his legal briefs written. Those old opinions you have are as outdated as stale bread.

  • Doctor J

    Sherry, you are right — there are several other Meas C projects that don’t meet the “specific projects” requirement — all of them are subject to a lawsuit and require repay by the district to the Meas C fund.

  • disqus_vgeGqnwYhy

    Sherry, your comments continue to amuse and still defy comprehension. “I did not pay for the legal opinion….” What? Were you not an elected official who approved spending taxpayer funds for this and other (some very questionable) legal opinions?
    Nonsense comments much like this, and your “me and mine first” and ” ‘shame’ on anyone who doesn’t agree with me” attitude is one reason you could not get reelected.

  • Sherry Whitmarsh

    The legal opinion I’m referring to was discussed with me within the past month. It was conducted after the San Diego ruling. I was not on the board obviously at that time.

    It appears that the board feels the usage of Measure C funds for athletic facilities is a legal use of the funds based upon their votes this week.

    I am not just supporting my school. I believe the vote for the aquatic center was the right one. I will support stadium light for CPHS if that is their usage of Measure C funds.

    Participation in athletics is a driver for many students to stay in school.

  • tmharrington

    I have received an email from Tim Cody informing me that there will be an informal meeting of concerned parties at 7:30 pm Monday in the YVHS multiuse room

  • Doctor J

    Sherry, your statements are confusing — “I have a legal opinion … ” as in your hands or shown to you ? Now it is “was discussed with me…” implying that you don’t have a copy of it. Would you please clarify ? Who was the legal opinion written for ? I guess this lawyer is willing to guarantee the accuracy of his “opinion” with his legal malpractice insurance so the district if it had to pay back the Meas C funds his malpractice insurance would pay for it.

  • Sherry Whitmarsh

    The meeting is at 7:00 NOT 7:30

  • tmharrington

    Thanks, Sherry. I received an email from Cody confirming the time is 7 pm.

  • tmharrington
  • tmharrington

    I attended most of last night’s meeting and am posting video clips to YouTube.com/tunedtotheresa. Tim Cody presented three options for group discussion, but the groups didn’t want to confine themselves to his options. Instead, they told him what restrictions they would like to be put on the lights and PA use. Cody expects to bring back recommendations to the board Oct. 9 based on the group’s consensus. Superintendent Nellie Meyer was there, Principal Stephen Brady helped facilitate and Trustees Lynne Dennler and Barbara Oaks were also in attendance.
    Mike Langley, retired teacher, was the spokesman for one of the groups. After the meeting, he told me he plans to run for school board in the next election. Dennler, he said, has announced she won’t seek re-election. He said he’s not running “against” the board or district. He said he believes the board and district are starting to move in a positive direction and he wants to help continue that.

  • Steve

    When and to whom did DennIler announce she was not running again? If, indeed, Dennler has already decided she isn’t running, she should resign now and let the board appoint her successor To hang on, apparently in hopes of holding “her” MDEA seat open for Mike Langley, is a disservice to the community and is a cynical political ploy by MDEA and Langley.

    Langley, the former MDEA president, is the same person who endorsed and defended Brian Lawrence’s
    misrepresenting himself as an “educator” for political advantage in the last election, a position that angered a large number of us dues payers who are authentic “educators”.