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Regular Meeting of the Board of Education
Newport-Mesa USD
September 14, 2021 3:30PM
District Education Center - Roderick H. MacMillian Board Room 2985 - A Bear Street Costa Mesa, California 92626

1. Regular Board Meeting
Quick Summary / Abstract:

Persons in the audience during the meeting of the Board of Education are asked not to talk during presentations or the meeting. If conversation with another person needs to take place, please do so outside so as not to disrupt others or the meeting. Members of the public can attend the meeting in-person or watch live via the NMUSD YouTube Channel.

PUBLIC COMMENT OPPORTUNITIES.  The following opportunities are offered to members of the public at regular/special meetings to make comments on issues within the subject matter jurisdiction 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 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. 
  • 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. 
  • Special Meetings:  Community Input is received on the special meeting agenda items only.

Prior to addressing the Board of Education, a speaker card/form (located on the table at the rear entrance) must be completed with the speaker's name, the specific agenda item number to be commented upon, or the non-agenda topic, and the card given to the Executive Assistant to the Board of Education.  Persons addressing the Board are asked to do so from the podium and microphone provided for that purpose so that comments will be on the video record which is posted in an accessible format online on the NMUSD YouTube Channel.

2. Roll Call - 3:30 p.m.
2.a. Board of Education/Superintendent
3. Adoption of Agenda
3.a. Adoption of Agenda
Recommended Motion:
It is recommended that the Board of Education adopt the agenda as presented. 
4. Community Input on Closed Session Agenda Items
4.a. Comment Cards are Requested to be Completed Prior to Addressing the Board
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 and speakers may not cede unused time to other speakers. Per BB 9323, there is a maximum of 20 minutes of comments per item. With Board consent the President may decrease an individual’s time allowed for public comments, or increase the total time allowed for public comment, depending on the topic and the number of persons wishing to speak.

All comments are recorded in full on the meeting video record. When addressing the Board, it is helpful if you state your name and address for the video record.



5. Closed Session - 3:30 p.m.
5.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
5.b. Conference with Labor Negotiator NMUSD Representative – Leona Olson, Employee Organization – CSEA, NMFT, Pursuant to Government Code Section 54957.6
5.c. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b])
5.d. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b]) #202108HR
6. Dinner Recess - 5:30 p.m.
7. Regular Meeting - 6:00 p.m.
8. Call to Order
8.a. Call to Order - Presiding Chairperson
9. Opening Ceremonies
9.a. Moment of Reflection/Pledge of Allegiance to the Flag
10. Adoption of Minutes
10.a. Minutes 8-17-21 and 8-18-21
Recommended Motion:
It is recommended that the Board of Education adopt the minutes of 8-17-21 and 8-18-21 as presented. 
Attachments:
Minutes 8-17-21
Minutes 8-18-21
11. Introduction of Staff
11.a. New Principals: Randall Lempert, Whittier Elementary; Racquel Stephens, Cloud Campus; Samantha Payne, Ensign Intermediate School
12. Student Board Member Reports
13. Harbor Council PTA Report
14. NMFT & CSEA Presidents' Comments
14.a. Comments from the Presidents of the Newport-Mesa Federation of Teachers and the Classified School Employee Association Chapter 18
15. Community Input on Non-Agendized Items
15.a. Comment Cards are Requested to be Completed Prior to Addressing the Board
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. With Board consent the President may decrease an individual’s time allowed for public comments, or increase the total time allowed for public comment, depending on the topic and the number of persons wishing to speak. Per BB 9323, the Board shall limit the total time for public input on all non-agenda items to 20 minutes. With Board consent the president may add an additional 20 minutes to continue non-agenda public comments after all action items.

All comments are recorded in full on the meeting video record. When addressing the Board, it is helpful if you state your name and address for the video record.

16. Superintendent's Comments
17. Community Input on Agendized Items
17.a. Comment Cards are Requested to be Completed Prior to Addressing the Board
Quick Summary / Abstract:

Speaker cards for items on the Discussion/Action calendar may be held until that item is considered by the Board if the speaker prefers.

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

The Board, staff, or members of the public may request that a specific item on Consent be moved to Discussion Action. Requests to move Consent items must be received prior to the time the Board takes action on the Consent Calendars.

All comments are recorded in full on the meeting video record. When addressing the Board, it is helpful if you state your name and address for the video record.

18. Report
18.a. Report on Summer School 2021
Recommended Motion:
Report Only
Comments:

Current Consideration:
Education Services will report on the 2021 summer programs.

Approved by:
Drake
Board Agenda
September 14, 2021

19. 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.
19.a. Business Services
19.a.1. Receive Quarterly Investment Report
Recommended Motion:

It is recommended that the Board of Education receive the Quarterly Investment Report.


Financial Impact:
Not applicable, Routine impact
Comments:

Background:

The Newport-Mesa Unified School District’s Investment Policy and current state law require a quarterly report identifying all of the financial institutions in which the district has accounts and the amount of money in each account.  Most of the operational money held by a school district is, by law, maintained in the County Treasury.  Bond funds such as the proceeds from the sale of Measure F bonds or Community Facilities District (CFD) accounts may be held by a trustee financial institution under contract to the Board of Education.  Additionally, commercial banks may have district checking accounts for such purposes as Revolving Cash or Associated Student Body funds.

 

Cash flow in a school district does not follow a regular monthly pattern due to the receipts of tax funds at certain times of the year and the irregular disbursement of state and grant monies.  Consequently, balances in the various accounts will vary from quarter to quarter and the change is not a depiction of the financial status of the district.  Rather the purpose of the Quarterly Report is simply to identify where the district is holding its funds as of the end of each financial quarter and how much is held in each account.

 

Current Consideration:

The attached report is presented to the members of the Board of Education for information purposes only.

 

Approved by:

Holcomb/Trader/Lammatao                                        

Board Agenda

Sept 14, 2021


Attachments:
Quarterly Investment Report_Q4 June 2021
19.a.2. Ratify Engagement Agreement with The Sohagi Law Group, PLC to Provide Legal Services Regarding CEQA Matters
Recommended Motion:
It is recommended that the Board of Education ratify the engagement agreement with The Sohagi Law Group, PLC.
 
Financial Impact:
Budget Area: General Fund - Not To Exceed $200,000

Attorney's hourly rates are as follows:
Principal: $375
Partner: $375
Associate I: $350
Associate II: $325
Associate III: $300
Of Counsel I: $350
Of Counsel II: $325
Of Counsel III: $300
Sr. Paralegal: $185
Paralegal: $150

Other Expenses:
Travel: Actual Expense Only
Lodging and Meal: Actual

Comments:

Background:
The district is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special services and advice in financial, economic, accounting, engineering, legal, or administrative matters, if such persons are specially trained and experienced and competent to perform the special services required. The district requires specialized legal expertise in California Environmental Quality Act (CEQA) matters. The Sohagi Law Group, PLC, is specially trained, experienced, and competent to provide legal services to public agencies regarding CEQA matters.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
September 14, 2021

Attachments:
Sohagi Engagement Letter 2021-2022
19.a.3. Approve Master Agreement with SafeworkCM for Construction Management Services for Estancia Theater Project
Recommended Motion:
It is recommended that the Board of Education approve the master agreement with SafeworkCM for construction management services for the Estancia Theater project.
Financial Impact:
Special Reserve fund for capital outlay projects, Facilities - Not to exceed $950,000
Comments:
Background:
On February 22, 2021, the district received responses from eighteen firms for a Request for Qualifications/Proposals (RFQP) for construction management services.  These were subsequently rated and eight firms were invited for an interview.  Out of those eight, three were selected to perform a constructability review of the DSA submitted plans for the Estancia Theater project.  Staff negotiated the attached agreement with SafeworkCM to provide construction management services for the Estancia Theater Project.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
September 14, 2021

Attachments:
Master Service Agreement - Safework
19.a.4. Approve Agreement for Special Services with School Services of California, Inc. (SSC)
Recommended Motion:
It is recommended that the Board of Education approve the Agreement for Special Services with School Services of California, Inc. (SSC).
Financial Impact:

Budget Area: Business Services - Not To Exceed $6,000

$500 per month plus expenses for services of four (4) hours per month
$310 per hour plus expenses for services in excess of four (4) hours per month
$260 per hour for time spent by the SSC Assistant Director
$170 per hour for time spent by the SSC Systems Data Specialist
$165 per hour for time spent by SSC support staff

Comments:
Background:
Since 1975, School Services of California, Inc., acting as an independent contractor, has provided the district with economic and administrative assistance regarding issues of school finance, budgetary development, collective bargaining, and mandate information services.

School Services of California, Inc. will provide up to four (4) hours per month of consulting services for the same fee as the previous ten years. The term of this agreement is from October 1, 2021 through September 30, 2022.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
September 14, 2021
Attachments:
School Services of California Inc. Agreement
19.a.5. Approve Agreement for Charter Bus Service for the Orange County Marathon on November 7, 2021
Recommended Motion:
It is recommended that the Board of Education approve the Service Provider Agreement with the Orange Country (OC) Marathon for charter bus service on November 7 , 2021.
Financial Impact:
Transportation Budget: No financial impact.
Comments:

Background:
The OC Marathon has asked the district to provide charter bus service to transport competitors and volunteers to the starting line of the marathon on November 7, 2021.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Humphrey
Board Agenda
September 14, 2021

Attachments:
OC Marathon Certificate of Insurance
OC Marathon Service Agreement
19.a.6. Approve Agreement with Optimum Energy Design, Inc. for Consulting Services for the Plumbing Repair at Paularino Elementary School
Recommended Motion:
It is recommended that the Board of Education approve the agreement with Optimum Energy Design, Inc. for consulting services for the plumbing repair at Paularino Elementary School.
Financial Impact:
Routine Restricted Maintenance: Not to Exceed $10,400
Comments:
Background:
Most of the schools in the Newport-Mesa Unified School District were built in or around the 1960’s and have an aging infrastructure. Recent maintenance activities identified gas leaks in the underground gas line at Paularino Elementary School. Maintenance performed an emergency repair of this section of underground gas line to bypass the old pipe and restore gas service to the kitchen and multipurpose room. Optimum Energy Design has provided a proposal for the replacement of the natural gas line to fully restore gas services to the school site.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
September 14, 2021
Attachments:
Service Agreement OED Paularino Gas Line
19.a.7. Approve Extension of Agreement with Terracon Consultants, Inc. for the Pool Equipment Replacement at Newport Harbor High School
Recommended Motion:
It is recommended that the Board of Education approve the contract extension for the agreement with Terracon Consultants, Inc. for the pool equipment replacement at Newport Harbor High School.
Financial Impact:
General Fund, Routine Restricted Maintenance – There is no financial impact.
Comments:
Background:
The Board approved the agreement for pool design with Terracon on April 28, 2020 and subsequent contract extension on January 12, 2021. Work under separate contract with California Commercial Pools (Contractor) was anticipated to have been completed and during the school year while facilities were unavailable due to COVID. After coordinating the construction schedule with the school site, facilities were reopened before the scheduled work was to begin and work had to be delayed.

The district and contractor revised the construction schedule to work around the school’s activities. Work began on July 22, 2021 and was completed on time and under budget.

Approval of this motion would extend the revised contract term from June 30, 2021 to June 30, 2022 in order to release the final payment to Terracon Consultants for the design and closeout of this project.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick/Geiszler
Board Agenda
September 14, 2021
Attachments:
Contract Amendment 2 - Terracon NHHS Pool - VS
19.a.8. Reject Claim AU-DAN042021
Recommended Motion:
It is recommended that the Board of Education reject in whole claim AU-DAN042021.
Financial Impact:
Not applicable.
Comments:

Background:
The district received a claim for damages on or about April 26, 2021. Staff recommends rejection in whole of claim AU-DAN042021 to protect the statute of limitations associated with future legal action.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Wilby
Board Agenda
September 14, 2021

19.a.9. Approve Change Order No. 1 to Bid No. 103-21 Purchase and Installation of Pool Equipment at Newport Harbor High School with California Commercial Pools, Inc.
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1 to Bid No. 103-21 purchase and installation of pool equipment at Newport Harbor High School with California Commercial Pools, Inc.
Financial Impact:
Routine Restricted Maintenance, Deductive Change Order: -$15,800
Comments:
Background:
The work contracted under Bid No. 103-21, purchase and installation of pool equipment was awarded to California Commercial Pools after public bidding as required by Public Contract Code, section 20111. The bid included an allowance for unforeseen conditions and a contingency for unforeseen conditions. This change order will decrease the contract amount for the work performed.

Purchase Order #R78M0012 for the purchase and installation of pool equipment with California Commercial Pools Construction Change Order No. 1 decreases the purchase order by $15,800 and brings the total purchase order from $315,000 to $299,200.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
September 14, 2021
Attachments:
CO#1 - CA Commercial Pools - NHHS - VS
19.a.10. Approve Change Order No. 1 to Bid No. 105-21 Exterior Painting at Various Sites with Mear Construction, Inc.
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1 to Bid No. 105-21 exterior painting at various sites with Mear Construction, Inc.
Financial Impact:
Routine Restricted Maintenance, Change Order: $9,604.18
Comments:
Background:
The work contracted under Bid No. 105-21, exterior painting at various sites was awarded to Mear Construction after public bidding as required by Public Contract Code, section 20111. The bid included an allowance for unforeseen conditions and a contingency for unforeseen conditions. This change order will increase the contract amount for the work performed.

Purchase Order #R78M0005 for exterior paint with Mear Construction Change Order No. 1 increases the purchase order by $9,604.18 and brings the total purchase order from $319,500 to $329,104.18.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
September 14, 2021
Attachments:
CO# 1 - Mear DW Painting - VS
19.a.11. Approve Change Order No. 1 to Bid No. 109-21 Carpet Replacement at Various Schools with Interior Resources, Inc.
Recommended Motion:
It is recommended that the Board of Education approve Change Order No. 1 to Bid No. 109-21 carpet replacement at various schools with Interior Resources, Inc.
Financial Impact:
Routine Restricted Maintenance, Change Order: $8,632.49
Comments:
Background:
The work contracted under Bid No. 109-21, carpet replacement at various schools was awarded to Interior Resources after public bidding as required by Public Contract Code, section 20111. The bid included an allowance for unforeseen conditions and a contingency for unforeseen conditions. This change order will increase the contract amount for the work performed.

Purchase Order #R78M0040 for carpet replacement with Interior Resources Change Order No. 1 increases the purchase order by $8,632.49 and brings the total purchase order from $599,290 to $607,922.49.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
September 14, 2021
Attachments:
CO#1 - CIR Flooring DW - VS
19.a.12. Ratify Assignment Agreement with Perkins Eastman Architects, DPC
Recommended Motion:
It is recommended that the Board of Education ratify the Assignment Agreement with Perkins Eastman Architects, DPC.
Financial Impact:
No financial impact
Comments:
Background:
On January 15, 2019, the Board of Education approve agreement with Pfeiffer Partners, Inc. for Architectural Design Services for the Estancia High School Theater Complex.  There were two subsequent amendments with Pfeiffer Partners as well.

As of August 1, 2021, Pfeiffer Partners Architects, Inc. is wholly owned by Perkins Eastman Architects, DPC.  In order for the district to continue doing business under the existing contract terms and pricing the Board must approve the assignment of the contract to the new entity, Perkins Eastman Architects, DPC. 
 
Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
September 14, 2021

Attachments:
Letter Assignment
19.a.13. Approve Amendment No. 2 to the Building Lease Agreement between Newport-Mesa Unified School District and County of Orange at Harper School
Recommended Motion:
It is recommended that the Board of Education approve Amendment No. 2 to the building lease agreement for the County of Orange at Harper Site. 
Financial Impact:
No financial impact.
Comments:
Background:
On August 22, 2006, the Board authorized a lease agreement with the County of Orange for three rooms at the Harper School site. The original term of the lease was set to expire August 31, 2016.  On May 25, 2016, the Agreement was extended for five (5) additional years and expired on June 30, 2021.

Amendment No. 1 corrected the leased premises description and revised the termination clause of the Agreement to allow the County or District the option to terminate the Agreement as of the last school day of any month upon giving the non-terminating Party written notice at least sixty (60) days prior to said termination date.

Amendment No. 2 approves an extension of the lease from July 1, 2021 to June 30, 2022.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
September 14, 2021 

Attachments:
County of Orange At Harper - Amendment 2
19.a.14. Approve Amendment to 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 amendment to the agreement with Community Works Design Group for the Reconfiguration of Athletic Field Irrigation at Corona del Mar High School.
Financial Impact:
General Fund, Grounds: Not to Exceed $4,925
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 in athletic turf fields and has provided an irrigation audit and assessment of the irrigation system previously. The current proposal for professional services includes the preparation of bid documents and project support for the reconfiguration of the irrigation system at the natural turf athletic and baseball fields at Corona del Mar High School.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
September 14, 2021
Attachments:
SA - Community Works Design Group - VS
19.a.15. Approve the Use of California Master Service Agreement (MSA) Contract # 5-19-99-01, with WEX Bank
Recommended Motion:
It is recommended that the Board of Education approve the MSA Contract 5-19-99-01, for participation in a district-wide vehicle fuel card program with WEX Bank.
Financial Impact:
General Fund Transportation - Not to Exceed $10,000.00
Comments:

Background:
Pursuant to the Public Contract Code § 10298, 10299, 12100, 20118 and 20652, school districts may purchase, from another school district or public agency, contract item(s) bid at the same price and under the same terms and conditions as the awarded contract. This practice is generally referred to as "piggybacking."

The State of California of General Services MSA program is a piggybacking program for state and local government agencies that provides specialized services at pricing that was competitively bid the state.

The state's MSA program is beneficial to the piggybacking public agency or school district because the vendors know that their potential customers included all state agencies and, therefore, they are incentivized to offer their lowest prices under these contracts. The practice is also to the advantage of the piggybacking public agency or school district because it is able to secure a low-cost price for a service based on a competitive bid without going through the time and cost of the public bid itself. There is no cost to the district to utilize this contact.

There are three significant requirements for a school district to take advantage of a piggyback bid:
1. The public agency issuing the bid must include a clause specifying that other public agencies be allowed to use the bid under the same set of specifications contained in the bid;
2. The public agency that wishes to use the bid must have a public action by its governing body (e.g., the Board of Education) indicating its acceptance of the terms and conditions of the bid; and,
3. What is available for purchase from the bid is only what was included in the public offering by the using agency and only in the specific terms of the bid. With these conditions in place, staff may evaluate the prices for services it seeks, and if it determines the pricing to be in the best interest of the district, recommend the purchase of services off the piggyback bid or MSA contract.
Staff has determined that it is in the best interest of the district to utilize an existing MSA contract for the aforementioned service with WEX Bank because it offers favorable terms for the district without going through the time and cost of the public bid process itself.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Humphrey/Geiszler
Board Agenda
September 14, 2021

Attachments:
WEX Bank Participation Addendum
19.a.16. Approve Renewal of Bid #111-20 Employee Uniforms with AdWear & Specialty of Texas
Recommended Motion:
It is recommended that the Board of Education approve renewal of Bid #111-20 Employee Uniforms with AdWear & Specialty of Texas, per the terms and conditions of the bid.
Financial Impact:
Budget Area: Maintenance & Operations, Transportation, Warehouse and Nutrition $60,000.
Comments:

Background:
At its August 4, 2020 meeting the Board approved the award of Bid #111-20 Employee Uniforms with AdWear & Specialty of Texas.  The purpose of the bid is to provide work uniforms to staff of the Maintenance & Operations, Transportation, Warehouse and Nutrition Services departments. Per the terms and conditions of Bid #111-20, this contract may be renewed annually by mutual consent for three (3) years. This renewal will be year two of three beginning on August 5, 2021 to August 4, 2022.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Trader/Geiszler
Board Agenda
September 14, 2021


19.a.17. Approve Renewal of Contracts for Bid #112-19 As Needed Transportation (Charter Bus Services)
Recommended Motion:
It is recommended that the Board of Education approve the renewal of contracts for Bid #112-19 As Needed Transportation (Charter Bus Services).
Financial Impact:
Budget Area: General Fund, Transportation - Total 2021-22 cost estimate is $300,000
Comments:

Background:
At its August 27, 2019 meeting, the Board of Education approved award Bid #112-19 As Needed Transportation (Charter Bus Services). Per the terms and conditions, these contracts may be renewed annually by mutual consent for up to five years. All vendors have confirmed their desire to renew their contracts for a third year of the five-year contract. Year three of the contract is August 30, 2021 through August 29, 2022. Contract renewals have been accepted by, JFK Transportation, MST/Mission School Transportation, Certified Transportation, Hot Dogger/Gold Coast and BestVIP.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Humphrey/Geiszler
Board Agenda
September 14, 2021

19.a.18. Approve Renewal of Bid #114-18 Unit Price Contract - Paint and Maintenance Services
Recommended Motion:
It is recommended that the Board of Education approve the renewal of Bid #114-18 Unit Price Contract - Paint and Maintenance Services to Prime Painting Contractors, Inc. per the terms and conditions of the bid.
Financial Impact:
Budget Area: General Fund Routine Restricted Maintenance - estimated annual expenditure of $350,000.
Comments:

Background:
At its July 10, 2019 meeting the Board approved the award of Bid # 114-18 Unit Price Contract - Paint and Maintenance Services to Prime Painting  Contractors, Inc.  The purpose of the bid is to address painting service needs district wide. Prime Painting Contractors, Inc. has performed painting projects successfully utilizing this contract.

Per the terms and conditions of Bid #114-18, this contract may be renewed annually by mutual consent for five (5) years. This renewal will be year four of five beginning on September 25, 2021 to September 24, 2022.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Geiszler
Board Agenda
September 14, 2021

 

19.a.19. Approve Renewal of Bid #120-17 Fencing - Time & Material District-Wide with A-1 Fence Company
Recommended Motion:
It is recommended that the Board of Education approve renewal of Bid #120-17 Fencing - Time & Material District-Wide with A-1 Fence Company, per the terms and conditions of the bid.
Financial Impact:
Budget Area: General Fund Routine Restricted Maintenance - estimated annual expenditure of $200,000
Comments:

Background:
At its September 12, 2017 meeting the Board approved the award of Bid #120-17 Fencing - Time & Material District-Wide with A-1 Fence Company.  The purpose of the bid is to address fencing repair needs district wide. A-1 Fence Company has performed fence repair projects successfully utilizing this contract.

Per the terms and conditions of Bid #120-17, this contract may be renewed annually by mutual consent for five (5) years. This renewal will be year five of five beginning on September 13, 2021 to September 12, 2022.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Geiszler
Board Agenda
September 14, 2021

19.a.20. Approve Accounting Report 09-14-2021
Recommended Motion:
It is recommended that the Board of Education approve Accounting Report 09-14-2021.
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 July 26, 2021, through August 22, 2021.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
September 14, 2021
Attachments:
Accounting Check Register 09-14-21
Accounting Report 9-14-21
19.a.21. Approve Purchasing and Transaction Report 09-14-21
Recommended Motion:
It is recommended that the Board of Education approve the Purchasing and Transaction Report 09-14-21.
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 August 03, 2021 through August 29, 2021: Processed 439 totaling $9,194,112.19.

Business Trip Summary detailing trips by name, organization, and funding(s).
- Business trips submitted between August 03, 2021 through August 29, 2021: Processed 44 Travel Approval Requests.

Surplus Report listing assets that have been sent to Bear Street for liquidation and/or archiving.
- Surplus items between August 03, 2021 through August 29, 2021: Processed 20 items.

Approved by:
Holcomb/Trader/Geiszler
Board Agenda 
September 14, 2021

Attachments:
Canceled Report 09.14.21
Change Orders Report 09.14.21
Purchase Order Detail Report 09.14.21
Purchase Orders Exceeding $10,000 and New Equipment Report 09.14.21
Surplus Report 09.14.21
TAR Report 09.14.21
19.a.22. Approve Software Register (Renewals) 09-14-2021
Recommended Motion:
It is recommended that the Board of Education approve the Software Register (Renewals) 09-14-2021.
Financial Impact:
General Fund, Fiscal Services - Budgeted for $55,658
General Fund, Information Technology - Budgeted for $181,747
General Fund, Nutrition Services - Budgeted for $4,413
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
September 14, 2021
Attachments:
Adobe Shi Enterprise Renewal 2021-22
Aeries/Eagle Renewal 2021-22
Camtasia SnagIt Renewal 2021-22
Classlink Renewal 2021-22
Heartland Renewal 2021-22
HPE DL260 Renewal 2021-22
Nutri-Link Renewal 2021-22
SNAF Website Renewal 2021-22
Software Register (Renewals) 09-14-21
19.a.23. Approve Software Register (New Under $5,000) 09-14-2021
Recommended Motion:
It is recommended that the Board of Education approve the Software Register (New Under $5,000) 09-14-2021.
Financial Impact:
General Fund, Information Technology - Budgeted for $2,250
Comments:
Background:
The district has determined a need to use the software product(s) listed in the attached register of new software agreements of less than $5,000. If the district chooses to continue use of these software products in future years, the agreement will be renewed via the district's software renewal register.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Babovic
Board Agenda
September 14, 2021
Attachments:
Adobe Sign SHI 2021-22
RaptorLink Quote 2021-22
Software Register (New under $5,000) 9-14-21
19.b. Education Services
19.b.1. Accept Williams Legislation Fourth Quarter Report for School Year 2020-21
Recommended Motion:
It is recommended that the Board of Education accept the 2020/21 Fourth Quarter Report covering the period of April 1, 2021 to June 30, 2021 in accordance with the Williams Settlement Legislation.
Comments:

Background:
The Orange County Department of Education (OCDE) provides a quarterly report to all school districts in Orange County. California Education Code section 1240(2)(H) requires the report to be provided to the Board of Education at a regularly scheduled meeting, held in accordance with public notification requirements.

Current Consideration:
The Fourth Quarter Williams Legislation Report summarizes activity for the current and previous quarter, which includes reviews conducted by the OCDE and data submitted by the school district regarding Williams Uniform Complaints. The report represents the OCDE review in the areas of textbooks, instructional materials, facility conditions, and teacher vacancies and misassignments received during the third quarter. 

In accordance with the requirements of the Williams Uniform Complaint Procedures, the District is required to submit a quarterly report to the District and County Boards of Education. During the third quarter reporting period of January through March 2021, three facilities complaints were filed and resolved.

Approved by:
Torres/Galey
Board Agenda
September 14, 2021

Attachments:
20-21 Fourth Quarter Report
19.b.2. Approve the Memorandum of Understanding (MOU) Between the Boys and Girls Club Central Orange Coast and Newport-Mesa Unified School District to Provide the College Bound Program for Newport-Mesa Unified School District High Schools from August 2021 through June 30, 2026
Recommended Motion:
It is recommended that the Board of Education approve the Memorandum of Understanding (MOU) between the Boys and Girls Club Central Orange Coast and Newport-Mesa Unified School District to provide the College Bound Program for Newport-Mesa Unified School District High Schools from August 2021 through June 30, 2026.
Comments:

Background:

Newport-Mesa Unified School District has an opportunity to partner with the Boys & Girls Club of Central Orange Coast to introduce and prepare teens for college and career through the Club's College Bound Program. Through the Club's College Bound one-on-one case management strategy, youth receive guidance, support, and resources they need to meet the academic, financial, and testing requirements for public and private universities. The Boys & Girls Club has run programs in Newport-Mesa Unified School District schools for several years.

Current Consideration:

The MOU between the Boys & Girls Club of Central Orange Coast and Newport-Mesa Unified School District is for the Club's College Bound Program to be offered to students at Newport-Mesa Unified School District High Schools for the period August 23, 2021 - June 30, 2026. The goal of the College Bound Program is to provide teens with intensive academic case management, daily tutorial and homework assistance, and comprehensive resources and support to help them reach their academic goals.

Approved by:

Torres/Bauermeister

Board Agenda

September 14, 2021


Attachments:
MOU B & G Club_NMUSD 2021-2026
19.b.3. Approve Three Oaks Outdoor Science School Contract for the 2021-2022 School Year
Recommended Motion:

It is recommended that the Board of Education approve the Three Oaks Outdoor Science School Contract for the 2021-2022 School Year.

Financial Impact:
Student fees, parents and community donations provide the funding.
Comments:

Background
Newport-Mesa schools have participated in various Outdoor Science School programs in past years. Students have a hands-on experience, interact with nature and the natural surroundings in a program aligned with the California Science and/or Social Science Content Standards. No student is denied the opportunity to participate in the program because of the inability to pay. The schools acquire the financial support from fund-raising efforts, parents, and the community to assist those students who are unable to pay. Students electing not to participate are provided with appropriate classroom instruction at the school during the time students are away.

Current Consideration
Students and teachers from Mariners, Kaiser and Victoria Elementary School wills participate in the program at Three Oaks Outdoor Science School during the 2021-2022 school year. 

The program has a 90 day cancellation policy which would allow for a refund.

Approved by:
Drake/Suhr
Board Agenda
September 14, 2021

Attachments:
Three Oaks Outdoor Science School
Three Oaks Outdoor Science School
Three Oaks Outdoor Science School
19.b.4. Approve the Purchase of Edgenuity eDynamic Electives for Cloud Campus for the 2021-2022 School Year
Recommended Motion:
It is recommended that the Board of Education approved the purchase of Edgenuity eDynamic Electives for use at Cloud Campus for the 2021 - 2022 school year.
Financial Impact:

This item has been budgeted not to exceed seven thousand, four hundred twenty-five dollars. ($7,425).

Comments:

Background:

Edgenuity provides engaging online education solutions that propel success for students. Edgenuity delivers a range of core, elective, and career and technical education courses aligned with rigor and high expectations of the California State Standards and is designed to inspire life-long learning. The program is currently used in the Newport-Mesa Unified School District Credit Recovery and Summer School Programs.

Current Consideration:

The agreement with Edgenuity will support the District's Cloud Campus middle and high school programs. This agreement will be for 2021 - 2022 school year to allow Cloud Campus online eDynamic elective courses.

Approved by:
Torres/Bauermeister/Stephens
Board Agenda
September 14, 2021


Attachments:
Edgenuity_NMUSD eDynamic_21-22
19.b.5. Approve Renaissance Learning License Renewal for 2021-2022
Recommended Motion:
It is recommended that the Board of Education approve the Renaissance Learning License Renewal for 2021-2022.
Financial Impact:
This item has been budgeted at a cost of not to exceed two hundred twenty seven thousand and one hundred dollars ($227,100). Budget areas: Education Services and School Sites.
Comments:

Background:
Renaissance Learning is a leading provider of technology-based school improvement and student assessment programs for K-12 schools. Adopted by more than 70,000 schools, Renaissance Learning Tools provide daily formative assessment and periodic progress-monitoring technology to enhance core curriculum, support differentiated instruction, and personalize practice in reading, writing, and math. Renaissance Learning has been used in NMUSD since 1998.

Current Consideration:
Presently, all elementary schools, middle schools, and high schools are using Renaissance Learning products, including  STAR Reading, Accelerated Reading, Freckle, and STAR Math. This renewal provides licenses for Renaissance Learning Products for the period beginning September 1, 2021 through August 31, 2022.

STAR Reading is purchased by the district for every school site. Any other Renaissance products are purchased at the site level. See quote for specific site purchases.

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

Approved by:
Drake/Mishne
Board Agenda
September 14, 2021

Attachments:
Renaissance Learning Quote 21-22
19.b.6. Approve Amendment #2 to Renewal Agreement with AVID (Advancement Via Individual Determination) for the 2021-2022 School Year
Recommended Motion:
It is recommended that the Board of Education approve amendment #2 to the renewal Agreement with AVID (Advancement Via Individual Determination) for the 2021/22 School Year.
Financial Impact:
Budgeted; Not to exceed increase of $6,000.
Comments:

Background:
Advancement Via Individual Determination (AVID) is a college readiness program designed to increase school-wide learning and performance. Newport-Mesa USD currently has five secondary school sites participating in AVID (Early College High School, Ensign Middle School, Estancia High School, Newport Harbor High School, TeWinkle Middle School, and Rea Elementary School).

Current Consideration:
Presented for approval is the additional cost for AVID District Leadership Year 1 for the Principal on Special Assignment, who will become the district coordinator for AVID beginning this school year.

Approved by:
Torres/Bauermeister/Hoggard
Board Agenda
September 14, 2021

Attachments:
AVID Amendment #2
19.b.7. Approve the Renewal of Edpuzzle for Newport-Mesa Unified School District School Sites for the 2021-2022 School Year
Recommended Motion:
It is recommended that the Board of Education approve the renewal of Edpuzzle for Newport-Mesa Unified School District school sites for the 2021 - 2022 school year.
Financial Impact:
This item has been budgeted, not to exceed one thousand, three hundred dollars ($1,300) for unlimited access for all teachers per school site.
Comments:

Background:

Founded in 2013, EdPuzzle is a secure video-streaming platform which provides access to more than five million videos for learning and student engagement. Teachers can create their own interactive video lessons, add questions, audio and notes. Teachers can also see detailed analytics on their students' results, control students' ability to skip through the video, get storage space for 20 videos, assign videos to students and connect directly to Google Classroom.

Current Consideration:

EdPuzzle will be used by Newport-Mesa Unified School sites in various subject areas for enhanced student engagement and learning while giving teachers the ability to customize online lessons and monitor student progress. Teachers will have unlimited access for one-year.

 A California Student Data Privacy Application (CSDPA) has been signed and is on file.

Approved by:

Torres/Bauermeister/Stephens
Board Agenda
September 14, 2021





Attachments:
Cloud Campus_Edpuzzle_21-22
19.b.8. Approve the Renewal of the Ages & Stages Questionnaires (ASQ) Web- Based Management System by Paul H. Brookes Publishing Company for the Early Childhood Education Program for the 2021-2022 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Renewal of the Ages & Stages Questionnaires (ASQ) Web-Based Management System by Paul H. Brookes Publishing Company for the Early Childhood Education Program for the 2021-2022 School Year.
Financial Impact:
This item has been budgeted; not to exceed $500.
Comments:

Background
The ASQ by Paul Brookes Publishing is a developmental screening tool that is used to look at a child’s development as a “snapshot in time.” It provides scores for a child’s development of Communication, Problem Solving, Social-Emotional, Fine Motor, and Large Motor skills. The ASQ is scored by the preschool nurse and other trained staff.  Parents are provided a summary of their child’s results.  The Early Childhood Education Program has been using this web-based software system for managing Early Childhood Education data since 2015.  The information is only used by the Early Childhood Staff.

Current Consideration
Ages & Stages Questionnaires (ASQ) is used at twelve Early Childhood Education sites. Renewal service for ASQ Online Pro and Family Access subscription is provided for a cost not to exceed five hundred dollars ($500) per year. The service period is for July 1, 2021, through June 30, 2022.

California Student Data Privacy Agreement on file.  Expires April 27, 2024.

Approved by:
Drake/Leary
Board Agenda
September 14, 2021

Attachments:
ASQ Renewal Invoice
19.b.9. Approve the Lexia Learning Systems Renewal for the 2021-2022 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Lexia Learning Systems Renewal for the 2021-22 school year.
Financial Impact:
This item has been budgeted. Licenses cost thirty dollars ($30) per student, and an unlimited site license costs nine thousand dollars ($9,000). Individual school sites and actual costs will be listed on separate purchasing registers.
Comments:

Background
For the past few years, elementary sites have been using Lexia Core5 to support foundational skills, struggling readers and English Learners. Lexia supports educators in providing differentiated literacy instruction for students of all abilities in grades PreK–5. Lexia’s research-proven program provides explicit, systematic, personalized learning in the six areas of reading instruction, targeting skill gaps as they emerge, and providing teachers with the data and student-specific resources they need for individual or small-group instruction.

Current Consideration
In an effort to continue to support struggling readers, schools are focusing on using Lexia in a more targeted format with their struggling students. School sites have been given the option to purchase licenses if they choose to continue with Lexia.

The California Student Data Privacy Agreement (CSDPA) is approved and on file.

Approved by:
Drake/Mishne
Board Agenda
September 14, 2021

Attachments:
Lexia Renewal Quote
19.b.10. Approve the Renewal of the Subscription to KUTA Software for Corona del Mar High School from September 2019-January 2022 and February-June 2022
Recommended Motion:
It is recommended that the Board of Education approve the renewal of the subscription to KUTA Software for Corona del Mar High School from September 2019 - January 2022 and February - June 2022.
Financial Impact:

Budgeted item - will be paid with site funds, not to exceed one thousand, five hundred and thirty-five dollars ($1,535).


Comments:

Background:

KUTA Software has been used by Corona del Mar High School in their Math classes for several years. This renewal will provide license for teachers to continue to access programs to generate practice worksheets, quizzes, and exams with answers for concepts in Algebra, Geometry, Trigonometry, and Calculus.

Current Consideration:

This current renewal is for licenses to allow the site access to Infinite Pre-Algebra, Infinite Algebra 1, Infinite Geometry, Infinite Algebra 2, Infinite Pre-calculus, and Infinite Calculus with backup CDs.

The California Student Data Privacy Agreement (CSDPA) is not required.

Approved by:
Torres//Bauermeister/Hill
Board Agenda
September 14, 2021


Attachments:
Quote KUTA CDM through June 2022
19.b.11. Approve California Student Data Privacy Agreement Register 9-14-2021
Recommended Motion:
It is recommended that the Board of Education approve California Student Data Privacy Agreement Register 9/14/2021.
Comments:

Background:
In a digital age, more information is being collected daily than ever before. 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
September 14, 2021

Attachments:
CSDPA Register 9.14.21
19.b.12. Approve Service Agreements' Register 9-14-21
Recommended Motion:
It is recommended that the Board of Education approve the Service Agreements' Register 9-14-21.
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 Agreement Register 9-14-21 is submitted for consideration.

Approved by:
Drake/Torres/Sense
Board Agenda
September 14, 2021

Attachments:
Service Agreements Register 9-14-21
19.c. Human Resources
19.c.1. Approve Supervised Fieldwork Agreement for School Counseling and School Psychology Between Brandman University and Newport-Mesa Unified School District
Recommended Motion:
It is recommended that the Board of Education approved the attached Supervised Fieldwork Agreement for school counseling and school psychology between Brandman University and Newport-Mesa Unified School District.
Financial Impact:
No financial impact.
Comments:

Background:
The Board of Education has the authority to enter into agreement with universities and colleges to provide supervised learning hours through directed field experience through programs at Brandman University and Newport-Mesa Unified School District.

Current Consideration:
Attached is the Supervised Fieldwork Agreement for school counseling and school psychology between Brandman University and Newport-Mesa Unified School District.  The Supervised Fieldwork Agreement is for the period of March 1, 2021 and March 1, 2024 or until such time as either party gives a thirty (30) days written notice.

Approved By:
Olson/Brown
Board Agenda
September 14, 2021

 

Attachments:
Brandman Supervised Fieldwork Agreement
19.c.2. Approve Memorandum of Understanding Renewal for School Counselor and Student Practicum/Fieldwork Between Concordia University and Newport-Mesa Unified School District
Recommended Motion:
It is recommended that the Board of Education approve the attached Memorandum of Understanding renewal for school counselor and student practicum/fieldwork between Concordia University and Newport-Mesa Unified School District.
Financial Impact:
No financial impact.
Comments:

Background:
The Board of Education has the authority to enter into agreement with universities and college to provide supervised learning hours through directed field experience through programs at Concordia University and Newport-Mesa Unified School District.

Current Consideration:
Attached is the Memorandum of Understanding Renewal between Concordia University and Newport-Mesa Unified School District.  The Memorandum of Understanding renewal is for the period of September 14, 2021 through September 14, 2024 or until such time either party gives a thirty (30) days written notice.

Approved By:
Olson/Brown
Board Agenda

September 14, 2021

Attachments:
Concordia MOU
19.c.3. Approve Educational Fieldwork Agreement Renewal for Student Teaching and Communication Sciences Between University of Redlands and Newport-Mesa Unified School District
Recommended Motion:
It is recommended that the Board of Education approve the attached Educational Fieldwork Agreement renewal for student teaching and communication sciences between University of Redlands and Newport-Mesa Unified School District.
Financial Impact:
No financial impact.
Comments:

Background:
The Board of Education has the authority to enter into agreement with universities and college to provide supervised learning hours through directed field experience through programs at University of Redlands and Newport-Mesa Unified School District.

Current Consideration:
Attached is the Educational Fieldwork Agreement Renewal between University of Redlands and Newport-Mesa Unified School District.  The Educational Fieldwork Agreement is a renewal for the period of July 1, 2021 through June 30, 2023.

Approved By:
Olson/Brown
Board Agenda
September 14, 2021

Attachments:
University of Redlands Educational Fieldwork Agreement
19.c.4. Approve Certificated Employment Assignment Alternative/Options, Education Code 44258.7(b)
Recommended Motion:
It is recommended that the Board of Education accept and approve the request for this certificated assignment alternative according to Education Code 44258.7(b).
Financial Impact:
This item has no budget impact.
Comments:

Background:
The governing board of a school district, pursuant to California Education Code 44258.7(b), may allow a full-time teacher who holds a credential in a subject other than physical education to coach a competitive sport for which the students receive physical education credit for one period a day, if that teacher has completed a minimum of 20 clock hours of first aid instruction appropriate to the specific sport.

Current Consideration:
To cover one period a day of coaching a competitive sport for which the students may receive physical education credit, it is requested that the Newport-Mesa Unified School District Board of Education approve the necessary assignment alternative/option for the certificated employees listed on the attachment. 

Approved By:
Olson/Viena Gaeta
Board Agenda
September 14, 2021


Attachments:
CE Employment Assignment Alternative, Ed Code 44258.7b
19.c.5. Approve Certificated Employment Assignment Alternative/Options, Education Code 44263
Recommended Motion:
It is recommended that the Board of Education accept and approve the request for this assignment alternative according to Education Code 44263.
Financial Impact:
This item has no budget impact.
Comments:

Background:
The governing board of a school district, pursuant to California Education Code 44263, may allow a teacher who holds a credential based on a baccalaureate degree and completion of a professional teacher preparation program to be assigned to teach any single subject class if the teacher consents to the assignment and has completed 18 semester units or 9 upper division units in the subject to be taught.

Current Consideration:
To cover teaching service, it is requested that the Newport-Mesa Unified School District Board of Education approve the necessary assignment alternative/options for the certificated employees listed on the attachment.

Approved By:
Olson/Viena Gaeta
Board Agenda
September 14, 2021

Attachments:
CE Employment Assignment Alternative, Ed Code 44263
19.c.6. Approve Certificated Employees' Leave of Absence Register 09-14-21
Recommended Motion:
It is recommended that the Board of Education approve the requests for leaves of absence for the certificated employees listed on Register 09-14-21.
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 09-14-21 are requesting leaves of absence for the reasons indicated for the 2021-22 school year.

Approved By:
Olson/Garcia
Board Agenda
September 14, 2021

Attachments:
Certificated LOA Register 9-14-21
19.c.7. Approve Certificated Employees' Resignation/Termination Register 09-14-21
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Resignation/Termination Register 09-14-21.

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 09-14-21 are resigning due to the reasons indicated.

Approved By:
Olson/Garcia
Board Agenda
September 14, 2021

Attachments:
Certificated Resignation Register 9-14-21
19.c.8. Approve Certificated Employees' Appointment/Reassignment Register 09-14-21
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Appointment/Reassignment Register 09-14-21.

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 09-14-21 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
September 14, 2021

Attachments:
Certificated Appointment Register 9-14-21
19.c.9. Approve Classified Employees' Leave of Absence Register 09-14-21
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Leave of Absence Register 09-14-21.
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
September 14, 2021

Attachments:
Classified LOA Register 9-14-21
19.c.10. Approve Classified Employees' Resignation/Termination Register 09-14-21
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Resignation/Termination Register 09-14-21.
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
September 14, 2021

Attachments:
Classified Resignation Register 9-14-21
19.c.11. Approve Classified Employees’ Appointment/Reassignment Register 09-14-21
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Appointment/Reassignment Register 09-14-21.
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 09-14-21 are needed to conduct district and school operations.

Approved By:
Clark/Caldwell
Board Agenda
September 14, 2021

Attachments:
Classified Appointment Register 9-14-21
19.d. Student Support Services
19.d.1. Approve Service Agreement between Xpress Urgent Care and the Newport-Mesa Unified School District
Recommended Motion:
It is recommended that the Board of Education approve Service Agreement between Xpress Urgent Care and the Newport-Mesa Unified School District.
Financial Impact:
NTE $400,000.00
Comments:

Background:

The District established a service agreement with Xpress Urgent Care during school year 2020-2021 for the purpose of Covid-19 testing for students and staff.  Testing was done in accordance with the State of California school guidelines.  The contract amount was not to exceed $200,000.00.

Current Considerations:

The District is required to offer Covid-19 testing to employees under Cal OSHA, State and local health jurisdiction requirements.  This includes offering Covid-19 tests for employees who are symptomatic and those identified as close contacts to a positive case.  The District is required to provide testing when there is an outbreak of Covid-19 and, beginning October 15, the District is required to test employees who are not fully vaccinated on a weekly basis.  The State and orders by the Orange County Health Officer make it necessary for the district to offer Covid-19 testing for students to be in school with a modified quarantine with twice weekly testing or testing after day 5 after exposure to a positive case.  Where appropriate insurance and or the Health Resources and Services Administration (HRSA) will be billed.

Approved by:

Jocham/Grasska

Board Agenda

September 14, 2021

19.d.2. Approve Fee for Specific Site Services Offered Through ONE at Estancia, Back Bay/Monte Vista and Newport Harbor High Schools for the 2021-2022 School Year
Recommended Motion:
Approve fee for specific site services offered through ONE at Estancia, Back Bay/Monte Vista, and Newport Harbor High Schools for the 2021 - 2022 school year.
Financial Impact:

Fees for services rendered during the 2021 - 2022 school year:

$15,000 for Estancia High School

$15,000 for Back Bay/Monte Vista High Schools

$15,000 for Newport Harbor High School

Comments:

Background:

Since 2016 - 2017, ONE, a non-profit community-based organization, has provided interventions against maladaptive behaviors among youth, particularly in the areas of substance abuse, emotional and behavioral dysfunctions, and destructive behaviors. ONE began its partnership with individual schools by providing after school support groups, individual support sessions, weekly parent support groups, and other interventions at Corona del Mar High School.

On September 17, 2019, the NMUSD Board of Education entered into a five-year agreement with ONE.  The addendum updated the 9/17/19 agreement to allow payment for services rendered in the 2020-2021 school year and fulfilled payment for Year 2 of the five-year agreement which runs through the end of the 2023 - 2024 school year.

Current Consideration:

In addition to the services being paid by Student Services, this agenda item will allow the same site-specific services to be provided to students and families specifically at Estancia, Back Bay/Monte Vista, and Newport Harbor High Schools; and an enhancement of existing services. ONE continues to offer services to all secondary students and families.

Approved by:

Jocham/Coley
Board Agenda
September 14, 2021

Attachments:
Estancia ONE 21-22
NHHS ONE 21-22
19.d.3. Approve MTSS Implementation Agreement 51961: Contract Between NMUSD and Orange County Department of Education for CA MTSS Implementation Support
Recommended Motion:
It is recommended that the Board of Education approve the Contract between NMUSD and the Orange County Department of Education.
Financial Impact:
Not to exceed $12,000
Comments:

Background:

The Orange County Department of Education (OCDE) will provide coaching, consultation, and technical assistance to the Newport-Mesa Unified School District MTSS (Multi-Tiered Systems of Support) Leadership Team prior to and following each of the CA MTSS Reboot training sessions provided by OCDE in support of implementation of CA MTSS.  OCDE will also partner with NMUSD to develop a long-range CA MTSS Implementation plan as well as assist with the facilitation of the LEA Self-Assessment and FIA at pilot school sites to be determined.

Current Consideration:

It is recommended that the Board of Education approve the Contract between NMUSD and the Orange County Department of Education for the 2021-2022 school year.

Approved by:

Jocham/Coley

Board Agenda

September 14, 2021

Attachments:
MTSS
19.d.4. Approve Contract with the Orange County Department of Education for Interpretation and Translation Services
Recommended Motion:
It is recommended that the Board of Education approve the contract between Newport-Mesa Unified School District and Orange County Department of Education to provide interpretation and translation services in various languages as needed throughout the District.
Financial Impact:
$12,000.00
Comments:

Background:

For some time the Newport-Mesa Unified School District's student population has become increasingly diversified, with students in various schools coming from homes where primary languages such as Farsi, Vietnamese, and Mandarin/Chinese are spoken. While the translation of documents and interpretation services required for significant subgroups that exceed 15% of the District's total student population, the need for translation services in languages other than Spanish at IEP meetings, Student Study Team Meetings, Student Attendance Review Board Meetings, and parent meetings also presents themselves. The Orange County Department of Education's Office of Services for Language Learners provides translators for parent meetings and IEPs in a variety of languages that cannot be currently serviced by District translators.

Current Consideration:

It is recommended that the Board of Education approve the contract between NMUSD and OCDE for interpretation and translation services as presented.

Approved by:

Jocham/Barela

Board Agenda

September 14, 2021

Attachments:
OCDE 21-22 Lang Contract
19.d.5. Approve Purchase of SDL Trados Studio Professional License for Special Education Translators
Recommended Motion:
It is recommended that the Board of Education approve the purchase of the SDL Trados Studio Professional License for use in District document translation for the 2021-22 school year to be used by the special education district translators.
Financial Impact:
$8,000.00
Comments:

Background:

SDL Trados Studio Professional is a CAT tool (Computer-Assisted-Translation) software program which provides translation tools that increase productivity, consistency and efficiency in document translation.  SDL Trados Studio Professional offers a complete environment for language professionals to edit or review translations, manage translation projects, and organize terminology specific to district needs.

Current Consideration:

A different version of this program is already in use by one district translator.  This purchase is for a site license that will allow, up to, three district translators to use the subscription as necessary.

Approved by:

Jocham/Barela

Board Agenda

September 14, 2021

Attachments:
Trados_Quote
Trados_RWS Privacy
Trados_RWS Terms
19.d.6. Approve Nonpublic School/Agency Contracts for the 2021-2022 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 2021-2022 under provisions of Education Code 56365 and 56366 to provide services for special education students.

Current Consideration:

There are four new Master Contracts for Nonpublic Schools/Agencies for 2021-2022.

  1. Napa Center
  2. Oak Grove Institute Foundation, Inc. dba Oak Grove Center
  3. Provo Canyon School
  4. The Prentice School

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

Approved by:

Jocham/Barela/Sauvao

Board Agenda

September 14, 2021

19.d.7. Approve Independent Contractor Service Agreement for the 2021-2022 School Year
Recommended Motion:
It is recommended that the Board of Education approve the Service Agreement for the Independent Contractor 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 2021-2022 under provisions of Education Code 56365 and 56366 to provide services for special education students.

Current Consideration:

There is one new Independent Contractor Service Agreement for 2021-2022.

SpeechCom, Inc.

This new Service Agreement will provide services as specified on current IEP's.

Approved by:

Jocham/Barela/Sauvao

Board Agenda

September 14, 2021

19.d.8. Approve Ratification of Nonpublic School/Agency Contracts for the 2020-2021 School Year
Recommended Motion:

It is recommended that the Board of Education ratify the Master Contract for this Nonpublic School/Agency 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 56365 and 56366 to provide services for special education students.

Current Consideration:

There is one new Master Contract for Nonpublic Schools/Agencies for 2020-2021.

San Diego Center for Children

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

Approved by:

Jocham/Barela/Sauvao

Board Agenda

September 14, 2021

Attachments:
20-21 SDCC
19.d.9. Approve Ratification of Parent Reimbursement Contract for the 2020-2021 School Year
Recommended Motion:
It is recommended that the Board of Education ratify the Parent Reimbursement Contract as established from the Individual Education Program.
Financial Impact:
$140.00
Comments:

Background:

Newport-Mesa Unified School District Special Education Department has approved Parent Reimbursement for 2020-2021 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 IEPs during the 2020-2021 school year.

Approved by:

Jocham/Barela

Board Agenda

September 14, 2021

19.d.10. Approve Parent Reimbursement Contract for the 2021-2022 School Year
Recommended Motion:

It is recommended that the Board of Education approve the Parent Reimbursement Contacts as established from the Individual Education Program.

Financial Impact:
$840.00
Comments:

Background:

Newport-Mesa Unified School District Special Education Department has approved Parent Reimbursement for 2021-2022 under provisions of Education Code 56365 and 56366.

Current Consideration:

This Parent Reimbursement Contract is to reimburse parents for services they have incurred with schools and agency placements as specified on current IEPs.

Approved by:

Jocham/Barela/Sauvao

Board Agenda

September 14, 2021

19.d.11. Approve Settlement Agreement #01026010
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #01026010 pursuant to the laws of the State of California.
Financial Impact:
$1,750.00
Comments:

Background:

On September 1, 2021 a Settlement Agreement was reached in Case #01026010.  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 date of complete execution.

Approved by:

Jocham/Sauvao

Board Agenda

September 14, 2021

19.d.12. Approve Settlement Agreement #21027190
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #21027190 pursuant to the laws of the State of California.
Financial Impact:

None.

Comments:

Background:

On August 9, 2021 a Settlement Agreement was reached in Case #21027190.  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 complete execution, and prospectively through December 16, 2021.

Approved by:

Jocham/Sauvao

Board Agenda

September 14, 2021

19.d.13. Approve Settlement Agreement #40028021
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #40028021 pursuant to the laws of the State of California.
Financial Impact:
$430.00
Comments:

Background:

On September 1, 2021 a Settlement Agreement was reached in Case #40028021.  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 date of complete execution.

Approved by:

Jocham/Sauvao

Board Agenda

September 14, 2021

19.d.14. Approve Settlement Agreement #90028230
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #90028230 pursuant to the laws of the State of California.
Financial Impact:
$17,550.00
Comments:

Background:

On August 23, 2021 a Settlement Agreement was reached I Case #90028230.  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 date of complete execution.

Approved by:

Jocham/Sauvao

Board Agenda

September 14, 2021

19.d.15. Approve Settlement Agreement #2021050515
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #2021050515 pursuant to the laws of the State of California.
Financial Impact:
$38,500.00
Comments:

Background:

On August 18, 2021 a Settlement Agreement was reached in Case #2021050515.  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 complete execution.

Approved by:

Jocham/Sauvao

Board Agenda

September 14, 2021

19.e. Superintendent
19.e.1. Approve 2021-22 Chamber of Commerce Membership Renewals – Corona del Mar, Costa Mesa and Newport Beach
Recommended Motion:

It is recommended that the Board of Education approve  payments of the 2021-2022 membership renewal dues to the Corona del Mar, Costa Mesa, and Newport Beach Chambers of Commerce in the total amount of $1,415.

Financial Impact:

Membership in these organizations is budgeted.

Comments:
Background:
The Board of Education has maintained membership in the Corona del Mar, Costa Mesa and Newport Beach Chambers of Commerce due to the District's close relationship with the business community. The Chamber of Commerce organizations are also involved in many other aspects of the community that have impact upon the school district.

Current Consideration:
The Corona del Mar Chamber of Commerce has invoiced the District for renewal of membership in the amount of $485.00. The Costa Mesa Chamber of Commerce has invoiced the District for renewal of membership in the amount of $480.00. The Newport Beach Chamber of Commerce has invoiced the District for renewal of membership in the amount of $450.00. The total amount for these 3 memberships is $1,415.

Approved by:
Bangser/Amezcua
Board Agenda
September 14, 2021

Attachments:
Corona del Mar Chamber - Dues 21-22
Costa Mesa Chamber - Dues 21-22
Newport Beach Chamber - Dues 21-22
20. Public Hearing/Action Calendar
20.a. Public Hearing Disclosing the Provisions of the 2021-22 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 2021-22 Tentative Agreement.
Financial Impact:

Major cost provisions of the Tentative Agreement include:
- A 3.60% on-schedule salary increase.
- A $1,000 stipend ($500 for part-time personnel). 
- Increased Health and Welfare Benefit Unit Cap from $20,441 to $20,898
- Adjusted part-time employee health and welfare rates.
- Minimum weekly hours (25) for transportation personnel.
- Increased professional development budget.

The expected total cost of the Tentative Agreement is $4,932,462


Comments:

Background:
On August 5, 2021, 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 3.60% on-schedule salary increase.
- A $1,000 stipend ($500 for part-time personnel). 
- Increased Health and Welfare Benefit Unit Cap from $20,441 to $20,898
- Adjusted part-time employee health and welfare rates.
- Minimum weekly hours (25) for transportation personnel.
- Increased professional development budget.

The expected total cost of the Tentative Agreement is $4,932,462

Current Consideration:
Staff recommends that the Board of Education conduct a public hearing to disclose the cost of the 2021-22 Tentative Agreement between the district and CSEA.

Approved by:
Holcomb/Trader
Board Agenda
September 14, 2021

Attachments:
CSEA AB1200
20.b. Approve Tentative Agreement and MOUs Between the Newport-Mesa Unified School District and California School Employees Association and Its Newport-Mesa Chapter #18 2021-2022
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 and Its Newport-Mesa Chapter #18 (CSEA) for contract reopeners for 2021-2022 and the MOUs.
Financial Impact:
The total cost of this agreement is expected to be $4,932,462 inclusive of all salary and benefit costs.
Comments:

Background:
The District and CSEA reached a tentative agreement on August 5, 2021 for contract reopeners for 2021-2022. The current NMUSD-CSEA Collective Bargaining Agreement is from July 1, 2019 to June 30, 2022. Two MOUs were also agreed upon during negotiations.

Current Consideration:
The Tentative Agreement was ratified by CSEA members on September 3, 2021. Key contract provisions of the agreement include:

  • 3.6% salary increase retroactive to July 1, 2021
  • $1000 one-time payment for full time employees who work 50% or more of the year
  • $500 one-time payment for part time employees (4 hours or less than 50% of the year)
  • $5000 increase to the professional growth budget
  • Increase to District Benefit Cap
  • No change to monthly employee benefit contribution (OCAP) for full time employees
  • Decrease to the portion of health care premium paid by part time employees (part time chart)
  • Minimum 25 hours per week for bus drivers
  • Revised/updated transportation language
  • Clarification of safety language


The Agreement also includes MOUs regarding 1) exploring participation in Classified School Employees Summer Assistance Program and 2) review of the Miscellaneous Earning Report (MER) process.

A copy of the complete Tentative Agreement and the MOUs are attached.

Approved By:
Olson
September 14, 2021
Board Agenda

Attachments:
CSEA MERs 080521
CSEA MOU Summer Assistance Program 080521
NMUSD CSEA Tentative Agreement 2021-2022
21. Discussion/Action Calendar
21.a. Agenda Item Requested by a Member of the Public: Adopt a Resolution to Remove the Mask Mandate in Schools
Recommended Motion:
It is recommended that the Board hear comments from Chris Jones, a Newport-Mesa USD resident, who has requested that the Board approve a resolution to remove the state's mask mandate in schools. Mrs. Jones will distribute copies of the resolution at the Board Meeting.
Financial Impact:
No fiscal impact.
Comments:

Current Consideration:
The Education Code and Board Bylaw 9322 permits a member of the public to request an item be considered by the Board of Education.

Approved by:
Bangser
Board Agenda
September 14, 2021

21.b. Approve Addition to the High and Middle School Course of Study: Civil Engineering & Architecture
Recommended Motion:
It is recommended that the Board of Education approve the revisions to the High & Middle School Course of Study.
Financial Impact:
Not applicable; routine impact.
Comments:

Background:
Newport-Mesa Unified School District Policy and Rule and Regulation #6141.1 specify that additions/revisions to the Middle and High School Courses of Study shall be submitted to the Board of Education for approval. Courses additions have been reviewed and approved by the Secondary Director of Teaching and Learning, Secondary School Principals and appropriate curriculum staff before submission to the Board of Education.  It has been certified that the applicable course additions/revisions are aligned with the State Board of Education adopted content standards (Section 60605).

Current Consideration:
The following courses, with attached course description, are being submitted for additions to the Course of Study:

Civil Engineering and Architecture

Approved by:
Torres/Sciacca
Board Agenda
September 14, 2021

Attachments:
Civil Engineering & Architecture Course of Study
21.c. Approve the Employment Agreement for Superintendent Between the Board of Education of the Newport-Mesa Unified School District and Dr. Wesley Smith
Recommended Motion:
It is recommended the Board of Education approve the Employment Agreement for Superintendent between the Board of Education of the Newport-Mesa Unified School District and Dr. Wesley Smith, dated September 14, 2021.  
Financial Impact:
Compensation and benefits will be funded by the District’s General Fund and are summarized in this agenda item.  A copy of the proposed Employment Agreement is attached to this agenda item.
Comments:
Background:
Following conducting a nationwide search, the members of the Board of Education are pleased to announce the selection of Dr. Wesley Smith as the Superintendent of the Newport-Mesa Unified School District.  Dr. Smith's employment will commence October 18, 2021.  Currently Dr. Smith is the Executive Director of the Association of California School Administrators (ACSA) and has worked extensively throughout the state in all aspects of public education.  Previously, Dr. Smith was Superintendent for the Cascade Union Elementary School District and Morgan Hill Unified School District.  His extensive experience includes service as a school administrator, as principal and assistant superintendent, teaching at both the secondary, community college and graduate school levels.  Dr. Smith's Doctor of Education degree is from the University of Southern California, Rossier School of Education. 
 
Approval of the Employment Agreement will provide: 

1. The leadership role and responsibilities for the Superintendent, Chief Executive Officer and Secretary to the Board of Education.
2. The term will be from October 18, 2021 to June 30, 2025. 
3. The annual salary for the Superintendent will be $355,000 with health and welfare benefits commensurate with all employees. The Superintendent will be reimbursed for reasonable moving expenses up to $20,000 and will receive the same transportation allowance ($650/month) and communication allowance ($100/per month) provided to other executive staff members. 
4. An annual performance evaluation will be completed by June of each year of the Employment Agreement. 


Current Consideration:
It is recommended that the Board of Education approve the Employment Agreement for Superintendent between the Board of Education and Dr. Wesley Smith, dated September 14, 2021.

Approved By:
Board President Yelsey/Legal Counsel
Board Agenda
September 14, 2021


Attachments:
Employment Agreement - Dr. Smith
21.d. Approve Memorandum of Understanding Between the Newport-Mesa Unified School District and the Newport-Mesa Federation of Teachers Regarding Conclusion of Re-Opener Negotiations for 2021-2022
Recommended Motion:
It is recommended that the Board of Education approve the Memorandum of Understanding between the Newport-Mesa Unified School District (NMUSD) and the Newport-Mesa Federation of Teachers (NMFT) regarding the conclusion of re-opener negotiations for 2021-2022.
Financial Impact:
The estimated cost is $14,948.
Comments:

Background:
On June 29, 2021, representatives of the District and NMFT agreed to a written Memorandum of Understanding (MOU) that in the event another collective bargaining group in the District receives a 2021-2022 salary percentage increase and/or an increase to the amount of the District benefits cap for 2021-2022 that is greater than the increases in the tentative agreement for 2021-2022, NMFT may request and the District will agree to re-open negotiations for 2021-2022 on these specific subjects.

The Collective Bargaining Agreement between the Newport-Mesa Unified School District and the California School Employees Association (CSEA) approved by the Board of Education on September 14, 2021, included a reduced part-time employee contribution to the premium for health benefits for eligible part-time classified employees.

This reduction for eligible part-time classified employees is the only additional subject to be negotiated per the June 29, 2021 MOU between the District and NMFT; and there are no salary or other health benefit items to be re-opened per the MOU.

Current Consideration:
It is recommended that the Board of Education approve the Memorandum of Understanding between NMUSD and NMFT regarding health benefits for eligible part-time certificated employees to conclude re-opener negotiations for 2021-2022. 

The District and the NMFT agree and understand that part-time employees who enroll in medical benefits shall pay OCAP amount for benefits plus the appropriate part-time rates based on the 2020-21 Active Employee Benefit Payroll Deduction Table, effective October 1, 2021.

A copy of the MOU is attached.  

Approved By:
Olson
Board Agenda
September 14, 2021


Attachments:
NMFT NMUSD MOU Re Conclusion of Re Opener Negotiations 21-22
21.e. Approve the 2020-2021 Unaudited Actuals Report
Recommended Motion:
It is recommended that the Board of Education approve the 2020-2021 Unaudited Actuals Report.
Financial Impact:
Not applicable.
Comments:

Background:
Education Code Section 42100 requires the Board of Education to approve an annual statement of the district's receipts and expenditures for the preceding fiscal year. Staff has completed the analysis of all 2020-2021 receipts and expenditures and submits the associated Standardized Account Code Structure (SACS) report for the Board of Education's approval.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Lammatao
Board Agenda
September 14, 2021

Attachments:
2020-21 Unaudited Actuals Narrative Report
2020-21 Unaudited Actuals Presentation-Board Meeting
21.f. First Reading and Adoption of Modifications to Board Policy 6158 Independent Study
Recommended Motion:

It is recommended that the Board of Education accept the recommendation of the Board's policy editing team to conduct this first reading, waive the second reading, and adopt the revisions to Board policy 6158 which are a result of changes in law, regulations, court decisions or district protocol.

Financial Impact:
No fiscal impact.
Comments:

Background:
In order to maintain a current policy manual, the district has instituted a process which entails: staff reviews the recommended changes prepared by CSBA's policy legal team (as a result of changes in law, regulations, or court decisions) and changes in district protocol; the Board's policy editing team reviews and provides input; and the policy is placed on the agenda for adoption.

Current Consideration:
The changes in RED are from the CSBA policy legal team, district staff, and the Board's editing team. The attached policy has been reviewed and edited by the Board's policy editing team and it is recommended that the Board conduct this first reading, waive the second reading, and adopt the revisions to the following policy which are a result of changes in law, regulations, court decisions or district protocol.

BP 6158 Independent Study

Approved by:
Bangser/Fish
Board Agenda
September 14, 2021

Attachments:
BP 6158 Independent Study
22. Resolution Adoption Calendar
22.a. Resolution 07-09-21 of the Board of Education of the Newport-Mesa Unified School District to Adopt the International Walk to School Day, Wednesday October 6, 2021, in Support of Safe Routes to School
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 07-09-21 in support of International Walk to School Day and Safe Routes to School for the elementary schools in the City of Costa Mesa with local activities taking place during the month of October. 
Financial Impact:
No financial impact. 
Comments:

Background:

International Walk and Bike to School Day is a global event that began in 1997 and involves communities from more than 40 countries walking and biking to school on the same day. NMUSD schools, in conjunction with the Orange County Transportation Authority, the City of Costa Mesa, the Costa Mesa Police Department and the City’s Bikeway and Walkability Committee, will partner together to provide this experience for students in Costa Mesa.

Current Consideration:

Newport-Mesa Unified School District would like to support International Walk to School Day and Safe Routes to Schools for the district's elementary schools in the City of Costa Mesa. 

Approved By:

Bauermeister/Bangser

Board Agenda 

September 14, 2021

Attachments:
Res. 07-09-21 International Walk to School Day/Safe Routes to Schools
22.b. Adopt Resolution 03-09-21 Gann Limit for 2020-21 and Estimate Gann Limit for 2021-22
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 03-09-21 "Gann" Limit specifying the district's 2020-21 appropriations limit and adopting the estimated appropriations limit for 2021-22.
Financial Impact:
Not applicable.
Comments:
Background:
In 1979, Paul Gann, co-author of Proposition 13 (1978), continued the spirit of the “taxpayer’s revolt” with his own initiative designed to limit the growth of government spending. This initiative, enacted as Proposition 4 (1979), did not require a reduction in government spending, but rather limited the growth in government spending to be no faster than the growth of population and inflation. This limit on government spending, which became known as the Gann Appropriation Limit or simply the Gann Limit, applies to not only the State of California, but also to cities, counties, and special districts, as well as to school districts and county offices of education.

The base year for Gann Limit calculations was 1978-79, the fiscal year before Proposition 4 was enacted. In each year since then, a school agency’s Gann Limit is increased for both inflation and population. Inflation for these purposes is currently the annual percentage change in California per capita personal income. And for school agencies, change in Average Daily Attendance (ADA) is used as a measurement of the change in population.

The starting point for the 2021-22 Gann Limit calculation is the district's 2020-21 Gann Limit, and then this is increased by both an inflation factor of 1.0373% and by the district’s percentage increase or decrease in ADA to arrive at the 2021-22 Gann Limit. But this calculation determines only one side of the equation, namely the amount of the current year’s overall limit. A second calculation is made to determine those revenues that are subject to the limit to ensure that a school agency is not over its limit. It is important to understand that not all revenue sources count against the district's Gann Limit. Gann Limits only constrain the appropriations from state and local tax sources, and so federal aid is excluded as well as non-taxable income, such as revenues from cafeteria sales or adult education fees. Fortunately, state law simplifies the calculation of what is subject to the district's Gann Limit. Many of the district’s revenues (i.e., categorical programs) count toward the State’s Gann Limit, not the district’s limit.

California Education Code Section 42132 specifies that district governing boards shall adopt a resolution identifying their district’s estimated appropriations limit for the current year and their actual appropriations limit for the preceding year. Within the resolution, the Board of Education is required to either declare that the district's appropriations do not exceed the limitations imposed by Proposition 4 or specify an increase to the district's appropriations limit as allowed by Government Code 7902.1.

All calculations and documentation have been prepared in accordance with applicable constitutional and statutory law. With the closure of the books for 2020-21, it is now apparent that the district's total appropriations from local sources exceed the Gann Limit. Consequently, it is necessary to adjust the district's 2020-21 Gann limit by $30,836,411.46. There is no consequence to the district associated with this excess amount. This amount will be reported to the State and will count towards the State's own Gann Limit.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Lammatao/Espiritu
Board Agenda
September 14, 2021
Attachments:
03-09-21 Gann Limit Resolution 2021-22
22.c. Adopt Resolution 04-09-21 Finding the Transportation Maintenance Lifts Project Exempt from the California Environmental Quality Act and Approving the Filing and Recordation of a Notice of Exemption
Recommended Motion:
It is recommended that the Board of Education adopt Resolution 04-09-21 finding the Transportation Maintenance Lifts Project exempt from the California Environmental Quality Act and approving the filing and recordation of a Notice of Exemption.
Financial Impact:
No financial impact
Comments:
Background:
The scope of work for the Transportation Maintenance Lifts Project at the Baker and Bear site consists of replacement of new ground flush mounted lifts and associated equipment that and will be used for school buses and the district’s white fleet.  The district has reviewed this scope and determined that it is exempt pursuant to CEQA Guidelines Categorical Exemption section 15301 and 15302.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
September 14, 2021

Attachments:
Notice of Exemption and Attachment
Resolution No. 04-09-21
22.d. Adopt Resolution 05-09-21 Authorizing the Establishment and Maintenance of Site Revolving Cash Funds
Recommended Motion:
It is recommended that the Board of Education Adopt Resolution No. 05-09-21 Authorizing the Establishment and Maintenance of Site Revolving Cash Funds.
Financial Impact:
No Impact
Comments:

Background:
As permitted by Education Code Section 42810, many years ago the district established site revolving cash funds to enable site administrators to have a ready source of funds for purchases of an urgent nature or low dollar expenditures.  Examples of such expenditures include issuing book or material fee refunds to departing students, emergency purchases of maintenance material and supplies, etc.

Currently, as permitted by Education Code Section 42800, the district's revolving cash fund is authorized at a fund balance of $150,000 which includes the site revolving cash funds.  The site revolving cash funds represent $12,950 of the district's funds held in cash at various sites.  The remaining $137,050 is held at Farmers & Merchants Bank and is accessed through the normal check issuance process.


Current Consideration:
Changes in personnel at various sites necessitates an authorization modification for site fund custodians.

Approved by:
Holcomb/Trader/Lammatao
Board Agenda
September 14, 2021

Attachments:
Site Revolving Cash Resolution 21-22
22.e. Adopt Resolution 06-09-21 Approving Determination of No Competitive Advantage to Public Bidding and Authorizing Execution of a Contract with aCabral Roofing Group, Inc. for Roof Repairs at Ensign Intermediate School
Recommended Motion:
It is recommended that the Board of Education Adopt Resolution #06-09-21 approving determination of no competitive advantage to public bidding and authorize execution of a contract with aCabral Roofing Group, Inc.
Financial Impact:
General Fund, Routine Restricted Maintenance - Not to Exceed $72,450
Comments:
Background:
On April 27, 2021, the Board approved the award of bid #123-21, roof repairs and fascia replacement at Ensign Intermediate School with aCabral Roofing Group, Inc. This contract was awarded based on the contractor’s unit price for repairs as identified for this project. The actual quantity of building material that was determined as needing to be replaced far exceeded original expectations. This additional work was unknown at the time of bidding and was uncovered only after the contractor exposed these areas through the course of work.

Work was halted temporarily in order to determine what could be finished within the original contract. In order to satisfactorily complete the work, some roof sections had to be omitted to constrain the project within the contracted amount. The contractor has performed satisfactorily and there are no concerns with workmanship as evidenced through daily inspections.

Since this project was competitively bid with unit prices for the repairs and aCabral Roofing was the low bidder, it is not likely that we would receive a lower bid for the remaining work. Further, the cost of public bidding would likely exceed any benefit of soliciting for lower bids. Maintenance and Operations requested third-party estimates for the repair work in the range of $76,000 - $84,000. As the contractor’s proposal exceeds the statutory limit for change orders on public works projects, further action must be taken to permit the contractor to continue with the proposed work.

Public works projects that exceed the statutory bid limit require formal bidding pursuant to Public Contract Code 20111. In working with the district’s legal counsel, it has been determined that an exemption to the code can be utilized when there are sufficient compelling circumstances regarding the project by which no competitive advantage would be gained through the formal procurement process. Staff has reviewed these circumstances and has determined that aCabral Roofing Group, Inc. meets the criteria for this resolution.

Approval of this motion would permit the district to continue its contract with aCabral Roofing Group for the completion of roof repairs and fascia replacement at Ensign Intermediate School.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
September 14, 2021
Attachments:
Resolution No Competitive Advantage Ensign Roof
23. Informal Reports
23.a. Superintendent
23.b. Assistant Superintendents and Chief Financial Officer
24. Board Member Reports
25. Board of Education Committee Reports
26. Adjournment

Published: September 10, 2021, 3:48 PM

The resubmit was successful.