MPUSD Minutes, 6/20/05, Page 1 by jonlucas

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									Monterey Peninsula Unified School District Minutes Regular Board Meeting June 20, 2005 A. Call to Order The Board of Education of the Monterey Peninsula Unified School District met in regular session at 5:38 p.m. on the above date at the Instructional Materials Center, 540 Canyon Del Rey, Del Rey Oaks, California. The meeting was called to order by President Foss. B. Roll Call – Establishment of Quorum Board Members Present: Robert Eggers Resa Foss Shanda LeBoeuf Marjorie Troutman Alan Haffa Regena Lauterbach Carlos E. Noriega Robert Costa Yvonne Despard John Lamb Carol Weesner Tom Woodruff Cindy Rothstein

Board Members Absent:

Staff Members Present:

DLI/POM/NPS Representative Present:

The President declared that a quorum was present and the Board proceeded with the order of business. C. D. Public Comments on Closed Session Items Closed Session No public comments were made at this time. The Board adjourned to closed session at 5:39 p.m. to discuss the following:
1. Public Employee Appointment (Gov. Code section 54957)

Principal Assistant Principal

2.

a. Agency Negotiator: Robert Costa Employee Organization: California School Employees Association Monterey Bay Teachers Association
Public Employee Discipline/Dismissal/Release (Gov. Code section 54957) Conference with and/or Receive Advice from Legal Counsel - Anticipated Litigation

Conference with Labor Negotiator (Gov. Code section 54957.6)

3. 4.

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9

E. F. G.

Reconvene Open Session Pledge of Allegiance Report Action Taken in Closed Session, if any

The Board reconvened at 7:05 p.m. to take the following action: The Pledge of Allegiance to the Flag of the United States of America was led by Seaside community member Ewalker James. No reportable actions were taken in closed session.

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RESOLVED that Information Item #6 be moved to Item J. MSC AYES: NOES: No additional items were Eggers, LeBoeuf 4 0 added since posting of the agenda.

H.

Take Action to Items That Arose Since Posting of the Agenda and Approve Agenda (2/3 Vote Required if Any Item is Added to the Agenda) Certificates/ Presentations/ Recognitions *6. District Program Improvement Local Educational Agency Program (LEAP) Addendum

RESOLVED that the agenda be approved. MSC AYES: NOES: Eggers, LeBoeuf 4 0

J.

On March 21, 2005, MPUSD was identified as a Program Improvement District. With that designation came some very explicit actions and timelines. One of the requirements of a Year 1 Program Improvement Local Educational Agency (LEA) is to write an addendum to the District’s LEA Plan within 90 days of identification (by July 5, 2005). Consulting with the Monterey County Office of Education (MCOE) and utilizing feedback from surveys completed by site administrators, a draft of the addendum was created. On June 9, 2005, the draft was presented to a large group of site administrators, parents, and staff members from each school site for further refinement and prioritization of the addendum. At this time, Assistant Superintendent Carol Weesner, Support Services Director Yvonne Despard, and MCOE external consultants Dr. Adrienne Meckel, Linda Luna, and Cari Yeater presented an overview of program improvement in MPUSD, reviewed the LEAP addendum, and clarified questions from Board members and public. Board Member Troutman acknowledged correspondence from a Fitch Middle School parent regarding transfers. President Foss acknowledged an article in the local newspaper regarding Foothill School parent Kim Reisenbichler, and said she would share it at the July meeting.

K. L.

Communications Suggestions and Comments from Members and Officers of the Board Suggestions and Comments From Visitors - Non-Agenda Matters Action Items *1. PUBLIC HEARING: Hold a Public Hearing for a FiveYear Deferred Maintenance Plan – Strategy 6

M.

Seaside resident Ruthie Watts thanked Assistant Superintendent Carol Weesner for attending the June 11 annual scholarship breakfast sponsored by the Coalition of Scholarship Organizations at Embassy Suites. Mrs. Watts said ten students from Seaside High and eight students from Monterey High were awarded scholarships.

N.

Chief Business Officer Tom Woodruff said the governing board is required to hold an annual public hearing on the District’s Five-Year Deferred Maintenance Plan. He said a list of eligible projects have been identified and is being presented at this time. Mr. Woodruff said the Office of Public School Construction does not require that the Board approve or certify the plan; it is an opportunity for public comment on deferred maintenance in the District. Mr. Woodruff clarified the distinction between deferred maintenance, extreme hardship, and modernization hardship. He said the deferred maintenance plan operates on a dollar for dollar match, and that the District contributes approximately $500,000 into the program and the state matches it to fund deferred maintenance projects and building types of programs. Mr. Woodruff said it is separate from the modernization program where the state pays 100% of eligible costs for modernizing schools and has specific criteria. President Foss opened the public hearing at 8:07 p.m.

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In response to a question from community member Debra Gramespacher regarding the District contribution and whether the District already allocated the contribution for the loss in money that the District is not getting from the state for the modernization program, Mr. Woodruff clarified that there is a required routine restricted maintenance account, and by law, the District has to restrict 3% of its general fund for maintenance of school facilities. He said the $500,000 District contribution helps the District to achieve the 3%. Regarding the modernization program, Mr. Woodruff said there are potentially over budget projects that the District can move expenditures that qualify under the deferred maintenance program from the modernization fund to the deferred maintenance program. He said at this point, the projects have not been identified, and any recommendations would come before the Board for approval. In response to Seaside resident Helen Rucker’s question whether gardening and landscaping is eligible for deferred maintenance funds, Mr. Woodruff said they are not eligible expenditures, to include field maintenance. Anna Macaluso, California School Employees Association (CSEA) President, reminded that during previous budget cuts, the grounds department and custodians were hit the hardest, and suggested that, in the future, the District might want to look at re-hiring those positions. Being no further comments, the public hearing was closed at 8:17 p.m. 2. Approve Administrative Appointment(s) – RESOLVED that the following administrative appointment(s) be approved, effective July 1, 2005: Name Kenneth Harbord Antonio Panganiban MSC AYES: NOES: *3. Adopt the 2005-2006 District Budget – Strategy 1 Position Principal Principal School Marshall School Del Rey Woods School

Strategy 5

LeBoeuf, Troutman 4 0

Mr. Woodruff said the Board will be considering two certifications: (1) that the budget meets the state-adopted criteria and standards and (2) that the District is certifying that its workers compensation claims are being handled by the joint powers authority. At this time, he reviewed the General Fund Budget using the best information available, including the Governor’s May Revise forecast, and clarified questions from Board members and the public. Should the legislature and the Governor act to approve State budgets by the June 30 deadline, the District will have 45 days to adjust its budget to reflect the approved state revenues. If not adopted by July 1, the District will continue to operate until such time as a State budget is approved. It was noted that the District is estimating the Reserve Designated for Economic Uncertainties is below the three percent state requirement in 2004-2005. Mr. Woodruff said for 2004-2005, the state is only requiring districts to operate with a 1.5% reserve due to the economy. He stressed the importance of adopting a budget that restores the 3% in the 2005-2006 budget year. In response to a question why the District is below the 3% state requirement, Mr. Woodruff said the District operated most of the fiscal year without a Chief Business Officer, Fiscal Services Director, and Budget Analyst, and although speculative, may have been part of the problem. RESOLVED that the 2005/06 District Budget be approved. MSC AYES: NOES: LeBoeuf, Troutman 4 0

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*4.

Approve Ratification of Change Order 2327 for General Construction Project (Modernization) at Monterey High School for Bid Package G01-1B.2 (from $4,546,178.00 to $4,618,208.08) –

RESOLVED that the ratification of Change Order 23-27 for general construction project (modernization) at Monterey High School for Bid Package G01-1B.2 (from $4,546,178.00 to $4,618,208.08) be approved. MSC AYES: NOES: Eggers, Troutman 4 0

Strategy 6

*5.

Approve Ratification of Change Order 13 for Re-Roofing Bid Package R01 (Modernization) at Seaside High School (from $1,065,032.70 to $1,117,932.70) –

RESOLVED that the ratification of Change Order 13 for re-roofing Bid Package R01 (Modernization) at Seaside High School to increase Waterproofing Associates’ contract amount from $1,065,032.70 to $1,117,932.70 be approved. MSC AYES: NOES: Eggers, LeBoeuf 4 0

Strategy 6

*6.

Approve Resolution 2004/2005-31: Authorization to Apply for One (1) Compressed Natural Gas (CNG) 70Passenger and One (1) CNG Special Needs Bus, and if Approved, Accept AB2766 Emission Reduction Grant Funds – Strategy 2 Approve Resolution 2004/2005-32: Resolution Acknowledging Circumstances for Monterey High School (Modernization) Exceeding Ten Percent Over Bid is in Favor of the Public Interest – Strategy

RESOLVED that Resolution 2004/2005-31: Authorization to Apply for one (1) compressed natural gas (CNG) 70-Passenger Bus and One (1) CNG Special Needs Bus, and if Approved, Accept AB2766 Emission Reduction Grant Funds for $145,543 and $143,123, respectively, be approved. MSC AYES: NOES: Eggers, Troutman 4 0

*7.

RESOLVED that Resolution 2004/2005-32: Resolution Acknowledging Circumstances for Monterey High School (Modernization) Exceeding Ten Percent Over Bid is in Favor of the Public Interest be approved. MSC AYES: NOES: LeBoeuf, Eggers 4 0

6

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*8.

Approve the Submission and Implementation of the California Department of Education Facilities Renovation and Repair Grant for the Early Childhood Education Program – Strategy 6

RESOLVED that the Submission and Implementation of the California Department of Education Facilities Renovation and Repair Grant for the Early Childhood Education Program be approved. MSC AYES: NOES: Eggers, Troutman 4 0

A recess was taken at 8:58 p.m. and the meeting reconvened at 9:06 p.m. to take the following action: Report Action Taken in Closed Session, if any President Foss reported that in closed session, the Board voted to approve a settlement agreement between MPUSD and DMC Construction relating to contract DMC/G01-1B.2 (Monterey High School). The vote was 4-0. Mr. Woodruff referenced Item N-7, and said the basis of the settlement agrees that DMC Construction would drop their claim for delay in exchange for additional work. O. Consent Agenda 1. Approval of Consent Agenda - Strategy 1 Board Member Eggers motioned and Board Member LeBoeuf seconded to approve the Consent Agenda as submitted. Board Member Troutman pulled item #6 for clarification. Board Member Eggers amended his motion and Board Member LeBoeuf amended her second to approve the Consent Agenda with the exception of Item #6. RESOLVED that the Consent Agenda be approved with the exception of Item 6. *1. Approve Minutes - May 11, 2005 - May 14, 2005 - May 16, 2005 *2. 3. Approve/Ratify Personnel Items Approve Gifts to the District - June 1, 2005 - June 6, 2005

(Board Policy requires that all gifts to the District in excess of $250 of value be officially accepted by the Board of Education.)
From Walter Colton School PTA Los Arboles Middle School PTSA Lisa Baron Monterey High Fund Raiser – Save Our Sports (SOS) Sunburst Farms Santa Clara Office of Education To/Purpose Monterey High School For Walter Colton graduation ceremonies at Monterey High School Los Arboles Middle School For the librarian’s salary Monterey High School For the Dylan Reynolds Memorial Scholarship Fund Monterey High School For the boys’ baseball and girls’ softball programs Seaside High School For the scholarship fund and faculty recognition program Seaside High School For the AVID program and scholarship fund Amount $250.00 $24,476.00 $500.00 $9,100.00 $1,350.00 $1,250.00

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*4. *5. *6.

Ratify Purchase Orders from May 1, 2005 to May 31, 2005 Ratify Warrant Register for May 1, 2005 to May 31, 2005 Approve the Preparation and Submission of the English Language Acquisition Program (ELAP) Application for Funding, 2005-2006 Approve Board Policy 4140 - Certificated Personnel, Salaries and Related Matters Approve Williams Settlement Lawsuit Quarterly Report for April – June 2005 Approve the Submission and Implementation of the PG&E Solar Program Grant for Equipment Valued at Approximately $20,000 for Highland Elementary School Approve Memorandum of Understanding Between Monterey County Office of Education and Monterey Peninsula Unified School District Head Start Program for the Early Head Start/CalSAFE Collaborative Located at the Cabrillo Family Resource Center Approve Memorandum of Understanding Between Monterey County Office of Education and Monterey Peninsula Unified School District Head Start Program for the Noche Buena Head Start/Preschool Program Approve Memorandum of Understanding Between Monterey County Office of Education and Monterey Peninsula Unified School District Head Start Program for the Cabrillo Family Resource Center Approve Single Plan for Student Achievement for Seaside High School Approve 2004-2005 Budget Revision #4 MSC AYES: NOES: Eggers, LeBoeuf 4 0

*7. *8. *9.

*10.

*11.

*12.

*13. *14.

RESOLVED that Item #6, Approve the Preparation and Submission of the English Language Acquisition Program (ELAP) Application for Funding, 2005-2006, be approved. MSC AYES: NOES: LeBoeuf, Eggers 4 0

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P.

Reports 1.

Strategy 1

Committees/ Conferences

- Community Human Services Project - Mission Trails Regional Occupational Program

No report. President Foss reported that new classes were recently approved, and that Support Services Director Yvonne Despard was in attendance at the last meeting. No report. Board Member Troutman reported that the subcommittee will meet in the next week or so. No report. Board Member Troutman said the joint powers board will be meeting Tuesday morning. No reports.

- Head Start Liaison to County Office - Board Policy Subcommittee

- Monterey County School Boards Association - Special Education Joint Powers Board

- Subcommittees to the Cities of Marina, Monterey, Seaside, Del Rey Oaks, and Sand City

2. 3.

Superintendent’s Report DLIFLC/POM/NPS Representative Local Military Action Plan Update

No report. Cindy Rothstein reported last week a group of volunteers from the Defense Language Institute assisted with repair work on fences at Seaside High School. On May 17, 2004, the Board approved the signing of a Memorandum of Agreement between the District and approximately 170 school districts worldwide serving military communities that support military families worldwide and provide a common structure for information sharing and reciprocal processes. On February 17, 2005, military school liaison officer Cindy Rothstein and Director of Support Services Yvonne Despard met with a committee representing school district personnel and the military community. Using the nine guiding principles of the Memorandum of Agreement, the committee completed the first draft of a local action plan. On May 12, the group further refined and enhanced the content. At this time, Mrs. Rothstein and Mrs. Despard reviewed the local action plan to be implemented in the 2005-2006 school year, and clarified questions from Board members.

*4.

Q.

Information *1. Forensic Audit of Modernization Program Mr. Woodruff said this item was carried over from the June 6 meeting. He recommended that the Board consider proposals for a forensic audit of the modernization program at its July meeting. Mr. Woodruff noted that a forensic audit is more of an investigative audit, and not an audit of the District’s financial statements. Information is collected to see what assumptions were made, and the auditor would come forward with conclusions on what went wrong, what misassumptions were made, and the effect that they had. Mr. Woodruff said that he made contact with three agencies that does this type of work – the Fiscal Crisis Management Assistance Team (FCMAT), the District’s independent auditor Perry Smith, and an individual who has conducted a forensic audit in another school district. Mr. Woodruff said he would provide the information at the next meeting for Board consideration. President Foss said if the Board agrees to move forward with the audit, the selection process will need to be considered. She indicated that she asked Mr. Woodruff to check into local certified public accountants that specialize in forensic audits. President Foss said she brought up the proposal for a forensic audit to find out what didn’t go right and what could have been done differently.

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Board Member LeBoeuf recommended that the firm be familiar with school budgets. In response to Mrs. Rucker’s question whether the District has authority to do anything if there are indications that lead to the conclusion that fraud might have been involved, Mr. Woodruff said the District could file legal action against service providers and former employees if fraud was involved. He said FCMAT suggested that if fraud is significantly suspected, there is legislation where the state will provide funds to agencies to investigate fraud. Mrs. Rucker said if there are indications of fraud, that the District vigorously look into it, and make sure monies are well spent. Mr. Lamb said in an effort to address Board and public comments, Mr. Woodruff researched the issue and will bring the item back in July, so the full Board is provided an opportunity to make a decision whether to move forward with a forensic audit. (Board Member Eggers left the meeting at 9:30 p.m. and returned at 9:33 p.m.) President Foss said when most of the Board members began their term, every indication was that it was system failure, lack of communication and poor decision making, not fraud. She said the Board needs to know what those were and what they could have done, and that they owe it to the public. She reiterated the Board is not expecting fraud, but it can go in that direction if the issue comes up. *2. Analysis for Funding New School Construction Mr. Woodruff said growth is anticipated in the Marina and East Garrison attendance area, and will necessitate the building of a minimum of three new schools. He said ultimately, the Board will direct staff to work with the developers and contractors to negotiate what type of commitment they can make to the District for student housing needs. Mr. Woodruff said new schools are constructed on a 50-50 model, where the state funds half the cost of a school and the District funds the other half; and that the District will need a financial plan to work with city staff and developers to fund school construction. He said it would be helpful to have a Board-approved financing plan for new construction for negotiation purposes. Facilities Consultant Rob Corley reviewed projected enrollment from new home construction over the next five years, an analysis that will determine the number of unhoused pupils after taking into consideration the current District capacity, and clarified questions from Board members. In response to Board Member LeBoeuf’s question regarding the priority to fix existing schools now and justification to build new schools for the future, Mr. Woodruff said both must be done and the District will need a comprehensive facilities plan to address issues, to include surplus properties. This item will be agendized in July for further discussion and action. *3. Monthly Modernization Update Mr. Woodruff said this item was carried over from the June 6 meeting. At the request of the Board, he presented a monthly status report on the District’s modernization projects, providing project detail on the schools that have active modernization projects to include cost summaries, construction schedule status, and narrative information on the project scope and status; and clarified questions from Board members. (Board Member Eggers left the meeting at 10:19 p.m.) *4. Review Head Start Program Information Report for the 2004/2005 Program Year Support Services Director Yvonne Despard reviewed the Head Start Program Information Report for the 2004-2005 school year. This item will be agendized for Consent at the next regular meeting.

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*5.

Review Revised Course Outlines for King School

Assistant Superintendent Carol Weesner reviewed the following new or revised course outlines that will be implemented at King School in the 2005-2006 school year and clarified questions from Board members. This item will be agendized for Consent at the next regular meeting. ELA Ramp-Up 1 Core ELD ELA Ramp-Up Core 2 ELD ELD Ramp-Up 1 ELD Social Studies ELD Ram-Up 2 ELD Social Studies Algebra Readiness

R.

Board Member Request(s) for Information and/or Possible Future Agenda Items Board Self-Evaluation, as Applicable Closed Session Adjournment

There were no Board member requests for information and/or possible future agenda items.

S. T. U.

None. There was no need for the Board to convene to closed session. The meeting adjourned at 10:22 p.m. Respectfully submitted,

John Lamb Interim Executive Secretary

JL/jif ^Defense Language Institute Foreign Language Center, Presidio of Monterey & Naval Postgraduate School +Motion/Second/Carried

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