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Regular Meeting of the Board of Education via Teleconference
Newport-Mesa USD
October 06, 2020 6:00PM
District Education Center - Roderick H. MacMillian Board Room 2985 - A Bear Street Costa Mesa, California 92626

1. Regular Board Meeting via Teleconference
Quick Summary / Abstract:

NOTICE OF REGULAR MEETING VIA TELECONFERENCE

In compliance with Governor Newsom’s Executive Order N-29-20 in response to the ongoing COVID-19 outbreak, the District will conduct the Board of Education’s meeting as a teleconference. Given the health risks associated with COVID-19, the Newport-Mesa Unified School District has decided not to open the Board Room to the public. Public Comment may be submitted prior to the meeting via electronic submissions no later than Tuesday, October 6, 2020 by 9:00 a.m. via the following links: 

ELECTRONIC PUBLIC COMMENT OPPORTUNITIES.  The following opportunities are offered to members of the public at regular meetings to make comments electronically on issues within the legal purview of the Board of Education.

  • Closed Session:  Members of the public may comment on items listed on the Closed Session agenda only.  
  • Community Input on Agendized Items:  The public may comment on items listed on the agenda including the Consent Calendar, Resolution Consent Calendar, and Discussion Action.  The public may also comment on items not listed on the agenda, but within the subject matter jurisdiction of the Board of Education.  
  • Community Input on Non-Agendized Items: This is an opportunity for the public to address the Board regarding items not on the regular meeting agenda, within the subject matter jurisdiction of the Board.  Each speaker has 3 minutes of comment time and per BB 9323 there is a maximum of 20 minutes of comments per topic. In the event the number of submitted public comments for a topic not on the agenda are anticipated to exceed 20  minutes, the order of comments will be read in random order until the 20  minutes have expired.
  • Community Input – Special Meeting Agenda Items: The public may only comment on items listed on the special meeting agenda and limited to three (3) minutes per comment up to 20 minutes of public comment per topic on the special meeting agenda.

Public comments regarding matters on the agenda shall be limited to three (3) minutes per comment, with up to 20 minutes of public comment per topic on the agenda.

In the event the number of submitted public comments for a topic on the agenda are anticipated to exceed 20  minutes, the order of comments will be read in random order until the 20  minutes have expired.

Public comments on matters not on the agenda shall be limited to three (3) minutes per comment, with up to 20 minutes of public comment, and will be read at the end of the meeting. 

Per BB 9323, there is a maximum of 20 minutes of comments per topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak.

All comments received will be submitted to the Board, regardless of whether they are read during the meeting.

The video record of the meeting will be posted on the NMUSD YouTube Channel approximately 24-48 hours after the meeting, with closed caption updates to follow.

The public may watch the Board meeting by joining the following Zoom Webinar: 

https://nmusd.zoom.us/j/94249030577   


2. Roll Call - 3:00 p.m.
2.a. Board of Education/Superintendent
3. Community Input on Closed Session Agenda Items
3.a. Comment Cards are Requested to be Electronically Submitted no later than 9:00 a.m. on Tuesday, October 6, 2020
Quick Summary / Abstract:

This is an opportunity for the public to address the Board regarding items on the Closed Session agenda only. Each speaker has 3 minutes to address the Board. Per BB 9323, there is a maximum of 20 minutes of comments per topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak. In the event the number of submitted public comments for a closed session item are anticipated to exceed 20 minutes, the order of comments will be read in random order until the 20 minutes have expired.

Electronic comment cards must be submitted no later than 9:00 a.m. on Tuesday, October 6, 2020 using the following links:

4. Closed Session - 3:00 p.m.
4.a. Threat to Public Services or Facilities (Gov. Code Section 54957(a) Consultation with agency counsel) - This item is to discuss the district’s response to the COVID-19 pandemic
4.b. Conference with Labor Negotiator NMUSD Representative – Leona Olson Employee Organization – CSEA, NMFT, NMAA and Supervisors Pursuant to Government Code Section 54957.6
4.c. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b]) #202007HR
4.d. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b])
5. Regular Meeting - 6:00 p.m.
6. Call to Order
6.a. Call to Order - Presiding Chairperson
7. Opening Ceremonies
7.a. Moment of Reflection/Pledge of Allegiance to the Flag
8. Adoption of Agenda
8.a. Adoption of Agenda
Recommended Motion:
It is recommended that the Board of Education adopt the agenda as presented.
9. Adoption of Minutes
9.a. Adoption of Minutes 09-15-20 and 09-29-20
Recommended Motion:
It is recommended that the Board of Education adopt the minutes of 09-15-20 and 09-29-20 as presented.
Attachments:
Minutes 09-15-20
Minutes 09-29-20
10. Introduction of New Staff - Jonathan Wilby, Director of Risk Management
11. Community Input on Agendized Items
11.a. Comment Cards are Requested to be Electronically Submitted Prior to 9:00 a.m. on Tuesday, October 6, 2020
Quick Summary / Abstract:

This is an opportunity for the public to address the Board regarding items on the regular meeting agenda.  Each speaker has 3 minutes of comment time and per BB 9323 there is a maximum of 20 minutes of comments per topic. In the event the number of submitted public comments for a topic on the agenda are anticipated to exceed 20 minutes, the order of comments will be read in random order until the 20 minutes have expired.

Comments submitted electronically through the links below that are selected will be read into the meeting video record. 

Regardless of whether comments are read into the video record, all comments received will be submitted to the Board.

With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons submitting comment.

Electronic comment cards must be submitted no later than 9:00 a.m. on Tuesday, October 6, 2020 using the following links:


12. Superintendent Report
13. Student Board Member Reports
14. Harbor Council PTA Report
15. Discussion/Action Calendar
15.a. Approve Agreement with Yale University for RULER Institute Online Training and Support for the 2020-2021 and 2021-2022 School Years
Recommended Motion:
It is recommended that the Board of Education approve the agreement with the Yale Center for Emotional Intelligence for RULER training and support during the 2020-2021 and 2021-2022 school years.
Financial Impact:
$75,600.00
Comments:

Background:

RULER is a systematic approach to Social Emotional Learning (SEL) at the Yale Center for Emotional Intelligence.  RULER aims to infuse the principals of emotional intelligence into the immune system of preK to 12 schools, informing how leaders lead, teachers teach, students learn, and families support students.

The development of the five RULER (recognizing, understanding, labeling, expressing, regulating) skills relies on four core tools: the Charter, Mood Meter, Meta-Moment, and Blueprint. These skills and tools are introduced to all stakeholders in the school community - school leaders, staff, students and families.

Current Consideration:

This agreement provides two years of training, coaching, and resources to 10 schools.

1. Andersen Elementary

2. Kaiser Elementary

3. Killybrooke Elementary

4. Mariners Elementary

5. Newport Coast Elementary

6. Newport Elementary

7. Pomona Elementary

8. Sonora Elementary

9. Wilson Elementary

10. Woodland Elementary

Approved by:

Jocham/D'Agostino

Board Agenda

October 6, 2020

Attachments:
RULER Agreement
RULER Invoice
15.b. Approve Management, Confidential and Supervisor Compensation and Benefits for 2019-2020 Addressing Implementation of Collegiate Calendar
Recommended Motion:

It is recommended that the Board of Education approve the proposed Management, Confidential and Supervisor compensation and benefits for 2019-2020 addressing the implementation of the collegiate calendar.

Financial Impact:

The additional funding related to salary and benefits is anticipated to be $48,052.93. This amount has been budgeted.

Comments:

Background:
On February 11, 2020,  the Board of Education approved the 2019-2020 tentative agreement with NMFT which solidified the implementation of the "Collegiate Calendar" for 2020-2021.

Both the agreement with NMFT in February 2020, and a Memorandum of Understanding with CSEA approved in May 2020, recognized the impact to employees with the implementation of the "Collegiate Calendar." As the Board of Education approved compensation and benefits for Management, Confidential and Supervisory employees for 2019-2020 on October 7, 2019, the implementation of the "Collegiate Calendar" was not addressed.

Assistant Superintendent, Chief Human Resources Officer, Leona Olson met with Management, Confidential and Supervisor employee groups regarding 2019-2020 compensation and the impact of the implementation of the “Collegiate Calendar.” The Management, Confidential and Supervisor employees, who are unrepresented as a bargaining unit, receive compensation per review and recommendation of the Superintendent.

Current Consideration:
Compensation recommended by the Superintendent as follows:

For those employees who were employed as Certificated Management, Classified Management, Confidential or Supervisory groups from December 1, 2019 through June 30, 2020 and who are in paid status as of October 6, 2020, to receive:

Certificated Management: one (1) additional NR day during 2020-2021.

Classified Management and Confidentials: one (1) additional vacation day during 2020-2021.

Supervisors: 1.4% of base pay, off schedule payment effective December 1, 2019 through June 30, 2020.

Approved By:
Olson
Board Agenda
October 6, 2020

16. Consent Calendar
Recommended Motion:
It is recommended that the Board of Education approve the consent calendars of business, education, human resources, student support services and superintendent as presented. 
Quick Summary / Abstract:
All items listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion. This includes the Consent Calendars for Business, Education Services, Human Resources, Student Support Services, and Superintendent. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff or the public request specific items to be discussed and/or removed from the Consent Calendar. Public requests of items to be discussed and/or removed should be submitted in writing prior to the Board's consideration of the Consent Calendar.
16.a. Business Services
16.a.1. Ratify Agreement with All City Management Services for Crossing Guard Services at Newport Coast Elementary School for 2020-2021 School Year
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with All City Management Services for Crossing Guard Services at Newport Coast Elementary School for the 2020-2021 school year.
Financial Impact:
Newport Coast Elementary School Foundation - Not to Exceed $18,758 for an estimated 765 service hours
Comments:
Background:
The unique challenges of the Newport Coast Elementary School site have caused the City of Newport Beach and the district to initiate special traffic patterns for cars and buses during drop-off and pick-up periods of the school day. The Newport Coast Elementary School Foundation has offered to pay for the annual cost of the crossing guard to help relieve traffic congestion and promote student safety. All City Management Services has provided these services since 2005.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
October 6, 2020

Attachments:
All City Management Contract
16.a.2. Ratify Agreement with Best Best & Krieger LLP to Provide Legal Services Related to School Facilities Matters
Recommended Motion:
It is recommended that the Board of Education ratify the agreement with Best Best & Krieger LLP to provide legal services related to school facilities matters, including but not limited to, purchasing and contracting laws and rules, bid and contract development, and best practices review and consultation.
Financial Impact:
Budget Area: General Fund for Legal Fees - Not to Exceed $50,000
Comments:

Background:
Best Best & Krieger LLP provided the district legal services in 2014, 2015, and 2020 for facilities project.

Current Consideration:
Based on the good quality of service provided in 2014, 2015, and 2020 and their expertise in school facilities matters, Best Best & Krieger LLP has been selected to provide the district with legal services for future school facilities matters, including but not limited to, purchasing and contracting laws and rules, bid and contract development, and best practices review and consultation.

Approved by:
Holcomb
Board Agenda
October 6, 2020

Attachments:
Best Best & Krieger - 2020-20
16.a.3. Approve Settlement and Release of All Claims Agreement with LPA, Inc. for Davidson Field Stadium Renovation at Newport Harbor High School
Recommended Motion:
It is recommended that the Board of Education approve the settlement and release of all claims agreement between the Newport-Mesa Unified School District and LPA, Inc. for the Davidson Field Stadium renovation at Newport Harbor High School.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities - $58,500
Comments:
Background:
On May 14, 2014, the district and LPA, Inc. entered into an agreement for LPA, Inc. to provide architectural and engineering design services for the Newport Harbor High School Davidson Field Stadium Renovation and Expansion Project.

The original contract provided for the final design fee to be calculated based upon both the final estimate of construction for the project and the total change order costs at the end of the project. In this case, the final fee as presented has been settled and is agreed to by LPA, Inc. in the attached agreement.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
October 6, 2020

Attachments:
LPA, Inc. - Settlement Agreement
16.a.4. Approve Extension of Agreement with Community Works Design Group for the Reconfiguration of Athletic Field Irrigation at Corona del Mar High School
Recommended Motion:
It is recommended that the Board of Education approve the extension of agreement with Community Works Design Group.
Financial Impact:
General Fund - Grounds: Extending contract term does not affect original project cost.
Comments:
Background:
There have been significant changes to the field design and layout at Corona del Mar High School over the past several years and athletic field irrigation needs to be reconfigured to support healthy turf. Community Works Design Group is a licensed landscape architectural firm with experience designing irrigation systems for athletic turf fields. They have provided a proposal for professional services including design, preparation of bid documents and project support.

The Board of Trustees approved the contract on March 31, 2020. Due to delays related to COVID-19, the project was not completed during the 2019-2020 fiscal year, thus the original term expired on June 30, 2020.  This extension would extend the contract term to June 30, 2021 with no other changes.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
October 6, 2020
Attachments:
CWDG - Corona Del Mar HS_Irrigation Contract Extension
16.a.5. Approve Change Order No. 1 with Byrom-Davey, Inc. for Tennis Court-Fence Project at Estancia High School
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1 with Byrom-Davey, Inc. for the Tennis Court-Fence Project at Estancia High School.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities - $24,396
Comments:
Background:
The work contracted under Bid No. 105-20, Tennis Court-Fence at Estancia High School was issued to Byrom-Davey, Inc.  As work at the school progressed, changes arose that required a change order to compensate the contractor for additional work.

Purchase Order #N78A0116 for Tennis Court-Fence at Estancia High School, Change Order No. 1 increases the purchase order by $24,396 and brings the total purchase order from $542,000 to $566,396.  

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
October 6, 2020

Attachments:
Byom-Davey Change Order No. 1 - EHS Tennis Court-Fence
16.a.6. Approve Accounting Report 10-06-20
Recommended Motion:
It is recommended that the Board of Education approve Accounting Report 10-6-2020.
Financial Impact:
Not applicable.
Comments:
Background:
The Accounting Report reflects all warrants issued by the district for the period being reported. The report includes partial contractual payments, final contractual payments and general warrants. As a matter of state law and district procedure, the report represents public disclosure of the district's expenditures and is presented in the public record for acceptance by the Board of Education.

The Accounting Report reflects activity for the period August 24, 2020, through September 13, 2020.

Current Consideration:
Staff recommends approval of this motion.

Approved By:
Holcomb/Trader
Board Agenda
October 6, 2020
Attachments:
Accounting Check Register 10-6-20
Accounting Report 10-6-20
16.a.7. Approve Purchasing and Transaction Report for 10-06-20
Recommended Motion:

It is recommended that the Board of Education approve the Purchasing and Transaction Report for 10-06-20.

Financial Impact:
Various funds district-wide.
Comments:

Background:
The reports are as follows:

Purchase Order Summary along with Abstract that lists all purchase orders over $10,000; excluding insurance premiums, legal, refuse, and utility expenses. Also shown are all purchase orders over $1,000 for new equipment.
- Purchase orders covering September 02, 2020 through September 22, 2020: Processed 305 totaling $5,353,357.17.

Business Trip Summary detailing trips by name, organization, and funding(s).
- Business trips submitted between September 02, 2020 through September 22, 2020: Processed 9 Travel Approval Requests.

Surplus Reports listing assets that have been sent to Bear Street for liquidation and/or archiving.
-Surplus items between September 02, 2020 through September 22, 2020: Processed 3 items.

Approved by:
Holcomb/Trader
Board Agenda
October 06, 2020

Attachments:
Canceled Report 10.06.20
Change Orders Report 10.06.20
Purchase Order Detail Report 10.06.20
Purchase Orders Exceeding $10,000 and New Equipment Report 10.06.20
Surplus Report 10.06.20
TAR Report 10.06.20
16.a.8. Approve Software Register (Renewals) 10-06-2020
Recommended Motion:
It is recommended that the Board of Education approve the Software Register (Renewals) 10-06-2020.
Financial Impact:
General Fund, Information Technology - Budgeted for $1,500
General Fund, Fiscal Services - Budgeted for $78,887
Comments:
Background:
The district utilizes various vendors for maintenance, support, and service products. The annual maintenance and support agreements vary in renewal start and end dates; however, all are considered routine renewals.


Current Consideration:
Staff recommends approval of this motion.


Approved by:
Holcomb/Babovic
Board Agenda
October 6, 2020
Attachments:
AmplifiedIT Renewal Tech
Forecast5 Renewal
Software Register (Renewals) 10-06-20
Thought Exchange Fulcrum Renewal
16.a.9. Approve Gift Register 10-06-2020
Recommended Motion:

It is recommended that the Board of Education approve Gift Register 10-06-2020.


Financial Impact:
Enhances the district's financial capabilities by the amount of the gifts.
Comments:
Background:
The Board of Education encourages and greatly appreciates suitable gifts that directly or indirectly enhance its financial ability to provide equal educational opportunities for all district students. Pursuant to Board Policy 3290, to ensure that donations enhance and do not impair the district's financial capabilities, before accepting the gift the Board shall consider whether the gift:

1. Has a purpose consistent with the district's vision and philosophy;
2. Begins a program which the Board would be unable to continue when the donated funds are exhausted;
3. Places restrictions on the school program;
4. Entails undesirable or excessive costs;
5. Implies endorsement of any business or product.

Once donations are approved by the Board, letters of acknowledgement are sent to the donors.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
October 6, 2020

Attachments:
Gift Register 10-06-2020
16.b. Education Services
16.b.1. Ratify and Approve Zoom Licenses for Newport-Mesa Unified School District Use for the 2020/21 School Year
Recommended Motion:
It is recommended that the Board of Education ratify and approve Zoom licenses for Newport-Mesa Unified School District use for the 2020/21 school year .
Financial Impact:

The item has been budgeted. Individual school sites and actual costs will be listed on separate purchasing registers.

Comments:

Background:
Due to school closures, "Distance Learning" solutions will ensure that students have continued access to instruction.

Current Consideration:
Zoom is a video conferencing software with real-time messaging and content sharing. The paid license allows the user to host unlimited meetings remotely and are used district wide by the Board of Education, District Divisions and School Sites. 

The California Student Data Privacy Agreement/Exhibit E are on file.

Approved:
Drake
Board Agenda
October 6, 2020

16.b.2. Approve Participation Agreement with the Regents of the University of California on Behalf of the UC Davis Center for Integrated Computing and STEM Education (C-STEM) for the 2020-21 School Year
Recommended Motion:

It is recommended that the Board of Education approve the participation agreement between the Regents of the University of California on behalf of its UC Davis Center for Integrated Computing and STEM Education (C-STEM) for the 2020-2021 school year.

Financial Impact:

The annual fee to participate in the C-STEM program for the 2020-2021 school year totals $800.00 and will be paid by the school site.

Ensign Middle School - $800.00

Comments:

Background:
Newport-Mesa Unified School District has been working with UC Davis Center for Integrated Computing and STEM Education (C-STEM) since January of 2014 with participating school - Ensign Intermediate School.  Each school includes C-STEM as a supplement to their course work.  In addition, the school participates in the annual robotics competition that occurs each spring.

Current Consideration:
The participation agreement for C-STEM will be used at the school site during the 2020-2021 school year.

Approved by:
Drake/Vossen
Board Agenda
October 6, 2020


Attachments:
CSTEM Agreement
16.b.3. Approve Amendment No. 1 for Turning Point Center for Families and TeWinkle Middle School for the 2020-2021 School Year
Recommended Motion:

It is recommended that the Board of Education approve Amendment No. 1 for Turning Point Center for Families and TeWinkle Middle School for the 2020-2021 school year.

Financial Impact:
This item has been budgeted, not to exceed seven thousand, three hundred ninety-four dollars ($7,394) for TeWinkle for the 2020-21 school year.
Comments:

Background:

Turning Point Center for Families is a non-profit, bi-lingual counseling center located in the heart of Orange County. Turning Point Center for Families provides affordable prevention, intervention, and therapeutic counseling services to youth, individuals, couples, and families. 

Current Consideration:

Turning Point Center for Families continues to partner with the District to offer site based counseling services at secondary sites.  A skilled and trained mental health provider will provide individual, family and group counseling. 

The service agreement approved on September 15, 2020 did not include TeWinkle Middle School.

Approved by:

Drake/Bauermeister/Potnis
Board agenda
October 6, 2020

 

Attachments:
Amendment No. 1 Turning Point - TeWinkle
16.b.4. Approve the Purchase and Use of Teen Book Cloud for Newport-Mesa Unified School District Secondary Schools for the 2020-2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Purchase and Use of Teen Book Cloud for Newport-Mesa Unified School District Secondary Schools for the 2020-2021 school year.
Financial Impact:

This item has been budgeted. Separate purchase requisitions will be submitted by each site, not to exceed seven hundred ninety-nine dollars ($799) for a one-year subscription per site.

Comments:

Background:

Teen Book Cloud is an online database of eBooks, enhanced novels, graphic novels, videos and audio books. Materials are available for all different interest and reading levels and are accessible on any device as long as internet access is available. What differentiates Teen Book Cloud from the public library for our users is the unlimited checkouts available around the clock. Once purchased, a link is put on the website, one username and password is universally used and materials are immediately available without any downloads or check out period restrictions. 

Current Consideration:

During CO-VID, Teen Book Cloud gave Estancia High School a free trial access. Teachers started using Teen Book Cloud to replace their class sets of novels that students were unable check-out. However, many students found they preferred online materials and began to use Teen Book Cloud to find books to read for enjoyment.

This Board item will include all secondary sites as other sites are interested in using Teen Book Cloud.  Teen Book Cloud will supplement the school's on-campus library, especially during times when remote access to materials is necessary.

The California Student Data Privacy Application (CSDPA) is on file.

Approved by:
Drake/Bauermeister/Halt
Board agenda
October 6, 2020

16.b.5. Approve Service Agreements' Register 10-6-2020
Recommended Motion:
It is recommended that the Board of Education approve the Service Agreements' 10-6-2020.
Financial Impact:
The various funding sources of the Service Agreements are listed on the Register.
Comments:

Background
A Service Agreements' Register, listing current independent contractors/consultants who are providing specialized services to the District, is routinely submitted on the Consent Calendar for Board approval.

Current Consideration
Service Agreements' Register 10-6-2020 is submitted for consideration.

Approved by
Drake/Sense
Board Agenda
October 6, 2020

Attachments:
Service Agreement Register 10-6-20
16.b.6. Approve California Student Data Privacy Agreement Register 10-6-2020
Recommended Motion:
It is recommended that the Board of Education approve the California Student Data Privacy Agreement Register for 10-6-2020.
Comments:

Background:
In a digital age, we must understand and navigate student privacy issues. Laws have been enacted to protect minor's personally identifiable information ("PII") data, including but not limited to, these statutes: AB 1584, now California Education Code Section 49073.1; Family Educational Rights and Privacy Act ("FERPA") 20 U.S.C 1232g;  Children’s Online Privacy Protection Act ("COPPA"), 15 U.S.C. 6501-6502; and Protection of Pupil Rights Amendment ("PPRA") 20 U.S.C 1232h.

Current Consideration:
The California Student Data Privacy Agreement (CSDPA) has been reviewed by several sets of legal and subject matter experts ranging from the Federal government, private attorneys, and educators working in the data privacy field in the State of California. The Provider, by signing the "General Offer of Privacy Terms", agrees to allow other LEAs in California the opportunity to accept and enjoy the benefits of this CSDPA for the Services, without the need to negotiate terms in a separate CSDPA. Users of this document can know, with a high degree of confidence, that it meets both the requirements of Federal and California State law.

District staff recommend approval/renewal of the CSDPA agreements with the vendors listed on the attached register.

Approved by
Drake/Mishne
Board Agenda
October 6, 2020

Attachments:
CSDPA Register 10.6.2020
16.c. Human Resources
16.c.1. Approve Certificated Employees' Resignation/Termination Register 10-06-20
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Resignation/Termination Register 10-06-20.

Financial Impact:

No budget impact.

Comments:

Background:
California Education Code Section 44930 authorizes the Board of Education to accept the resignation of certificated staff.

Current Consideration:
The certificated employees listed on the attached Register 10-06-20 are resigning due to the reasons indicated.

Approved By:
Olson/Garcia
Board Agenda
October 6, 2020

Attachments:
Certificated Resignation Register 10-6-20
16.c.2. Approve Certificated Employees' Leave of Absence Register 10-06-20
Recommended Motion:

It is recommended that the Board of Education approve the requests for leaves of absence for the certificated employees listed on Register 10-06-20.

Financial Impact:

This item has been budgeted; routine impact.

Comments:

Background:
California Education Code Section 44962 authorizes the Board of Education to grant leaves of absence to certificated staff members.

Current Consideration:
The certificated employees listed on Register 10-06-20 are requesting leaves of absence for the reasons indicated for the 2020-21 school year.

Approved By:
Olson/Garcia
Board Agenda
October 6, 2020

Attachments:
Certificated LOA Register 10-6-20
16.c.3. Approve Certificated Employees' Appointment/Reassignment Register 10-06-20
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Appointment/Reassignment Register 10-06-20.

Financial Impact:

This item has been budgeted; routine impact.

Comments:

Background:
Education Code 44830 authorizes the governing board of school districts to employ into public service persons meeting certification qualifications as prescribed by law.

Current Consideration:
The names listed on the attached Register 10-06-20 meet Education Code and State of California Commission on Teacher Credentialing requirements as public school teachers and requires the approval of the governing board for employment.

Approved By:
Olson/Viena Gaeta
Board Agenda
October 6, 2020

Attachments:
Certificated Appointment Register 10-6-20
16.c.4. Approve Classified Employees' Resignation/Termination Register 10-06-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Resignation/Termination Register 10-06-20.
Financial Impact:
This item has been budgeted; routine impact.
Comments:

Background:
California Education Code 45261 and Personnel Commission Rule 6.1.0, Resignation, and Personnel Commission Rule 6.1.0, Dismissal, authorizes the Board of Education to take action on the resignation and/or termination of any classified employee and effect the date of resignation/termination.

Current Consideration:
These are record keeping transactions for terminations and resignations from permanent, probationary, provisional, limited term and substitute appointments.

Approved By:
Clark/Caldwell
Board Agenda
October 6, 2020

Attachments:
Classified Resignation Register 10-6-20
16.c.5. Approve Classified Employees' Leave of Absence Register 10-06-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Leave of Absence Register 10-06-20.
Financial Impact:
This item has been budgeted; routine impact.
Comments:

Background:
California Education Code 45190, Leaves of Absence and Vacations, states that, Governing boards of school districts may grant leaves of absence and vacations, with or without pay, to persons employed in the classified service of the district.

Current Consideration:
These leaves are approved in accordance with the state and local legislation.

Approved By:
Clark/Caldwell
Board Agenda
October 6, 2020

Attachments:
Classified LOA Register 10-6-20
16.c.6. Approve Classified Employees’ Appointment/Reassignment Register 10-06-20
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Appointment/Reassignment Register 10-06-20.
Financial Impact:
This item has been budgeted; routine impact.
Comments:

Background:
California Education Code 45272 and Personnel Commission Rule 50.200, Vacancy in the Classified Service - Appointment and Reassignment, authorizes the Board of Education to appoint and reassign classified employees.

Current Consideration:
The positions listed on Appointment/Reassignment Register 10-06-20 are needed to conduct district and school operations.

Approved By:
Clark/Caldwell
Board Agenda
October 6, 2020


Attachments:
Classified Appointment Register 10-6-20
16.d. Student Support Services
16.d.1. Ratify Independent Contractor Service Agreements for the 2020-2021 School Year
Recommended Motion:

It is recommended that the Board of Education ratify the Service Agreements for the Independent Contractors who will provide services as established from the Individual Educational Program.

 

Financial Impact:
Budgeted.
Comments:

Background:

The Special Education Local Plan Area of the Newport-Mesa Unified School District has approved Independent Contractor Agreements for 2020-2021 under provisions of Education Code 56365 and 56366 to provide services for special education students.

Current Consideration:

There are four new Independent Contractor Service Agreements for 2020-2021. 

1. Abby Rozenberg

2. Crystal Bejarano dba Connect4Kids Psychological Services, Inc.

3. Mitch D. Perlman, PhD, Inc.

4. Dr. Robin Morris dba Rby5Psychological Services

These new Service Agreements will provide services as specified on current IEP's.

Approved by:

Jocham/Barela/Young

Board Agenda

October 6, 2020

16.d.2. Ratify Parent Reimbursement Contract for the 2019-2020 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Parent Reimbursement Contract as established from the Individual Education Program.
Financial Impact:
$800.00
Comments:

Background:

Newport-Mesa Unified School District Special Education Department has approved Parent Reimbursement for 2019-2020 under provisions of Education Code 56365 and 56366.

Current Consideration:

This Parent Reimbursement Contract is to reimburse parents for services they have incurred with school and agency placements as specified on current IEP's.

Approved by:

Jocham/Barela

Board Agenda

October 6, 2020

16.d.3. Approve Addendum to the Orange County Department of Education Interpretation and Translation Services Contract for the 2019-20 School Year
Recommended Motion:

It is recommended that the Board of Education approve the addendum to the contract between Newport-Mesa Unified School District and Orange County Department of Education to provide interpretation and translation services for the 2019-20 school year.

Financial Impact:
$3,000.00
Comments:

Background:

The Orange County Department of Education's Office of Services for Language Learners provides translators for parent meetings and IEP's in a variety of languages that cannot currently serviced by District translators.

Current Consideration:

This Addendum is for the 2019-2020 contract between NMUSD and OCDE for interpretation and translation services.

This Addendum to the contract is made and entered into effect as of July 1, 2019.

Approved by:

Jocham/Barela

Board Agenda

October 6, 2020

Attachments:
OCDE 19-20 Add Proposal
16.d.4. Approve Nonpublic School/Agency Contracts for the 2020-2021 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Master Contract for these Nonpublic Schools/Agencies who will provide services as established from the Individual Educational Program.
Financial Impact:
Budgeted.
Comments:

Background:

The Special Education Local Plan Area of the Newport-Mesa Unified School District has approved Nonpublic School/Agency Master Contracts for 2020-2021 under provisions of Education Code 56565 and 56366 to provide services for special education students.

Current Consideration:

There are six new Master Contracts for Nonpublic Schools/Agencies for 2020-2021.

  1. Heritage Schools, Inc.
  2. New Haven RTC
  3. Provo Canyon School, Inc.
  4. Syracuse dba Elevations RTC
  5. Utah Youth Village dba Alpine Academy
  6. Write Start Pediatric

These new Master Contracts will provide services with the school and agency placements as specified on current IEP's.

Approved by:

Jocham/Barela

Board Agenda

October 6, 2020


16.d.5. Approve Settlement Agreement #40024270
Recommended Motion:

It is recommended that the Board of Education approve Settlement Agreement #40024270 pursuant to the laws of the State of California.

Financial Impact:
$4,100.00
Comments:

Background:

On September 21, 2020, a Settlement Agreement was reached in Case #40024270.  Both parties wish to resolve all claims arising from or in any way related to this Settlement Agreement.

Current Consideration:

The Settlement Agreement includes a waiver of all claims through and including September 29, 2020.

Approved by:

Jocham/Young

Board Agenda

October 6, 2020

16.d.6. Approve Settlement Agreement #1026130
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #01026130 pursuant to the laws of the State of California.
Comments:

Background:

On September 21, 2020, a Settlement Agreement was reached in Case #01026130.  Both parties wish to resolve all claims arising from or in any way related to this Settlement Agreement.

Current Consideration:

The Settlement Agreement includes a waiver of all claims through and including the last day of complete execution.

Approved by:

Jocham/Young

Board Agenda

October 6, 2020

16.d.7. Approve Settlement Agreement #21022170
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #21022170 pursuant to the laws of the State of California.
Financial Impact:

$4,100.00

 

Comments:

Background:

On September 11, 2020, a Settlement Agreement was reached in Case 321022170.  Both parties wish to resolve all claims arising from or in any way related to this Settlement Agreement.

Current Consideration:

The Settlement Agreement includes a waiver of all claims related to speech and language services through June 11, 2021.

Approved by:

Jocham/Young

Board Agenda

October 6, 2020

16.d.8. Approve Settlement Agreement #11024021
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #11024021 pursuant to the laws of the State of California.
Financial Impact:

$38,500.00

 

Comments:

Background:

On September 21, 2020, a Settlement Agreement was reached in Case #11024021.  Both parties wish to resolve all claims arising from or in any way related to this Settlement Agreement.

Current Consideration:

The Settlement Agreement includes a waiver of all claims through and including June 11, 2021.

Approved by:

Jocham/Young

Board Agenda,

October 6, 2020

16.d.9. Approve Settlement Agreement #2020070431
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #2020070431 pursuant to the laws of the State of California.
Financial Impact:
$18,000.00
Comments:

Background:

On September 11, 2020, a Settlement Agreement was reached in Case #2020070431.  Both parties wish to resolve all claims arising from or in any way related to this Settlement Agreement.

Current Consideration:

The Settlement Agreement includes a waiver of all claims through and including June 11, 2021.

Approved by:

Jocham/Young

Board Agenda

October 6, 2020

16.e. Superintendent
16.e.1. Approve Membership for Newport Beach Chamber of Commerce
Recommended Motion:

It is recommended that the Board of Education approve payment of the 2020-2021 membership dues to the Newport Beach Chamber of Commerce in the amount of $450.00.

Financial Impact:

Membership in this organization is included in the budget.

Comments:

Background:
The Board of Education has maintained membership in the Newport Beach Chamber of Commerce due to the District's close relationship with the business community. The Newport Beach Chamber of Commerce also is involved in many other aspects of the community that have impact upon the school district.

Current Consideration:
The Newport Beach Chamber of Commerce has invoiced the District for renewal of membership in the amount of $450.00.

Approved by:
Lee-Sung
Board Agenda
October 6, 2020

Attachments:
Newport Beach Chamber of Commerce Invoice
17. Resolution Consent Calendar
Quick Summary / Abstract:
As with the Consent Calendar, all items listed under the Resolution Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion. This includes the Consent Calendars for Business, Education Services, Human Resources, Student Support Services, and Superintendent. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff or the public request specific resolutions to be discussed and/or removed from the Resolution Consent Calendar. Public requests of items to be discussed and/or removed should be submitted in writing prior to the Board's consideration of the Resolution Consent Calendar.
17.a. Adopt Resolution 10-10-20 Selection of Farmers & Merchants Bank as Depository for Various Accounts of District and Authorizations Therewith
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 10-10-20 Selection of Farmers & Merchants Bank as Depository for Various Accounts of District and Authorizations Therewith.
Financial Impact:
Not applicable
Comments:

Background: The district maintains various accounts, including Associated Student Body (ASB) accounts, at Farmers & Merchants Bank.  Changes in personnel necessitate that the Board of Education authorize changes to the custodians of these accounts.

Current Consideration: Staff recommends approval of this motion.

Approved by: Holcomb/Trader/Lammatao
Board Agenda
October 6, 2020

Attachments:
Res 10-10-20 Selection of FMB
17.b. Adopt Resolution 11-10-20 in Support of Week of the School Administrator, October 11-17, 2020
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 11-10-20, in support of Week of the School Administrator.
Financial Impact:
There is no fiscal impact.
Comments:

Background:
Research has repeatedly shown that quality school leadership is essential to student success, and there is no better time to honor the state's educational leaders than during Week of the School Administrators, October 11-17, 2020.

We recognize the important role of site administrators in leading effective instructional programs that serve students and parents. These leaders are supported by a network of dedicated administrative professionals, including special education and adult education leaders, curriculum experts, school business officials and classified educational leaders, among many others.

Current Consideration:
Because the future of California's public education system depends upon the quality of its leadership, the State of California has declared the second full week in October as the "Week of the School Administrator."
  
Approved By:
Olson
Board Agenda
October 6, 2020
 

Attachments:
Resolution 11-10-20 Week of School Administrator 2020
18. PUBLIC HEARING/ACTION CALENDAR
18.a. Public Hearing Disclosing the Provisions of the 2020-21 Tentative Collective Bargaining Agreement with the California School Employees Association Chapter #18
Recommended Motion:
It is recommended that the Board of Education conduct a public hearing to inform the public of the costs associated with the California Association of School Employees (CSEA) Chapter #18 2020-21 Tentative Agreement.
Financial Impact:

Major cost provisions of the Tentative Agreement include:

- A 1.0% one-time salary increase to be paid as soon as practical upon Board approval.
- $500 (tiered) stipend to maintain connection with the district during the COVID-19 pandemic via personal devices.
- Payout of vacation in excess of the contractually allowed amount (2 years of accrual)

Comments:
Background:
On August 27, 2020, the district and CSEA reached a Tentative Agreement.

In accordance with Board Policy 4143, Assembly Bill (AB) 1200 and AB 2756, the Board is required to disclose major provisions of collective bargaining agreements before entering into a written contract. Government Code Section 3547.5 states:

“Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the agreement for the current and subsequent fiscal years, shall be disclosed at a public meeting of the public school employer in a format established for this purpose by the Superintendent of Instruction."

This provision is applicable to both single year agreements and multiyear agreements where the contract has been reopened to determine compensation adjustments in a subsequent year. It is intended to ensure that the public is aware of the known costs associated with a proposed collective bargaining agreement before it becomes binding on the district.

Additionally, the district’s Superintendent and Chief Financial Officer (CFO) are required to certify in writing that the costs incurred under a collective bargaining agreement can be met by the district during the term of the agreement. These certifications are submitted to the Board prior to the Board’s approval of the agreement. The certification shall itemize any budget revision necessary to meet the costs of the agreement in each year of its term.

AB 2756 specifies that if the district does not adopt all of the revisions to its budget needed in the current year to meet the costs of the agreement in each year of its term, the county superintendent of schools is required to issue a qualified or negative certification for the district on its next interim report.

Major financial provisions of the Tentative Agreement include:

- A 1.0% one-time salary increase to be paid as soon as practical upon Board approval.
- $500 (tiered) stipend to maintain connection with the district during the COVID-19 pandemic via personal devices.
- Payout of vacation in excess of the contractually allowed amount (2 years of accrual)

The expected total cost of the Tentative Agreement is $1,161,051.

Current Consideration:
Staff recommends that the Board conduct a public hearing to disclose the cost of the 2020-21 Tentative Agreement between the district and CSEA.

Approved by:
Holcomb/Trader
Board Agenda
October 6, 2020
Attachments:
2020-21 CSEA AB1200
18.b. Approve Tentative Agreement Between the Newport-Mesa Unified School District and California School Employees Association Chapter #18 2020-2021
Recommended Motion:

It is recommended that the Board of Education approve the Tentative Agreement between the Newport-Mesa Unified School District (NMUSD) and the California School Employees Association Chapter #18 (CSEA) for contract reopeners for 2020-2021.

Financial Impact:

The total cost of this agreement is expected to be $1,161,051 inclusive of all salary and benefit costs.

Comments:

Background:
The District and CSEA reached a tentative agreement on August 27, 2020 for contract reopeners for 2020-21. The current NMUSD-CSEA Collective Bargaining Agreement is from July 1, 2019 to June 30, 2022.

Current Consideration:
The Tentative Agreement was ratified by CSEA members on September 26, 2020. Key contract provisions of the agreement include:

  • A 1% one-time salary increase to be paid as soon as practical upon Board approval.
  • $500 (tiered) stipend to maintain connection with the District during the COVID-19 pandemic via personal devices. Part time employees will receive a pro-rated amount.
  • Employee monthly contribution to health and welfare benefit will remain unchanged.
  • Professional Growth language is clarified.

A copy of the Tentative Agreement is attached.

Approved By:
Olson
October 6, 2020
Board Agenda
Attachments:
CSEA Tentative Agreement 082720
19. Community Input on Non-Agendized Items
19.a. Comment Cards are Requested to be Electronically Submitted Prior to 9:00 a.m. on Tuesday, October 6, 2020
Quick Summary / Abstract:

This is an opportunity for the public to address the Board regarding items not on the regular meeting agenda, within the subject matter jurisdiction of the Board.  Each speaker has 3 minutes of comment time and per BB 9323 there is a maximum of 20 minutes of comments per topic. In the event the number of submitted public comments for a topic not on the agenda are anticipated to exceed 20 minutes, the order of comments will be read in random order until the 20 minutes have expired.

Comments submitted electronically through the links below that are selected will be read into the meeting video record. 

Regardless of whether comments are read into the video record, all comments received will be submitted to the Board.

With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons submitting comment.

Electronic comment cards must be submitted no later than 9:00 a.m. on Tuesday, October 6, 2020 using the following links:

20. Informal Reports
20.a. Superintendent
20.b. Assistant Superintendents and Executive Directors
21. Board Member Reports
22. Board of Education Committee Reports
23. Adjournment

Published: October 2, 2020, 4:19 PM

The resubmit was successful.