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Regular Meeting of the Board of Education
Newport-Mesa USD
February 08, 2022 3:30PM
District Education Center - Roderick H. MacMillian Board Room 2985 Bear Street, Bldg. A Costa Mesa, California 92626

1. Regular Board Meeting
Quick Summary / Abstract:

Per CDPH guidance (updated 1/5/22), masks are required for all individuals in all indoor public settings, regardless of vaccination status from December 15, 2021 through February 15, 2022. This guidance will be enforced at all board meetings through February 15, 2022.

The Regular Meeting of the NMUSD Board of Education will take place in person at the District Education Center in the Roderick H. MacMillian Board Room located at 2985-A Bear Street in Costa Mesa, California 92626. Notice is given that the following trustee will teleconference from the following remote location: Trustee Ersoylu from her home residence.

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 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, Resolutions Calendar, and Discussion Action. 

Prior to addressing the Board of Education, a speaker card/form (located on the table at the rear entrance of the board room) 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 topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak. 

When addressing the Board, it is helpful if you state your name and address for the video record. 



5. Closed Session- 3:30 pm
5.a. Discipline/Dismissal/Release (Government Code section 54957)
5.b. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: 1 case. Facts and Circumstances: Bid protest on Estancia High School Theater Project.
5.c. Conference with Labor Negotiator NMUSD Representative – Leona Olson Employee Organization – CSEA, NMFT Pursuant to Government Code Section 54957.6
5.d. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b])
5.e. Public Employee Discipline/Dismissal/Release/Employment (Pursuant to Government Code Section 54957 and Education Code Section 44954[b]) #202201HR
5.f. 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
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 of 1-11-22, 1-25-22, and 2-1-22
Recommended Motion:
It is recommended that the Board of Education adopt the minutes of 1-11-22, 1-25-22, and 2-1-22 as presented. 
Attachments:
Minutes 1-11-22
Minutes 1-25-22
Minutes 2-1-22
11. Introduction of New Staff - Julia Lammatao, Director of Fiscal
12. Student Board Member Reports
13. Harbor Council PTA Report
14. CSEA & NMFT Presidents' Comments
14.a. Comments from the Presidents of the Classified School Employee Association, Chapter 18 and Newport-Mesa Federation of Teachers
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 per topic. With Board consent the president may add an additional 20 minutes to continue non-agenda public comments after all action items. 

By order of the Brown Act, Section 54954.2, the Board will take no action, nor have any discussion on non-agendized items.  The Superintendent may provide clarification during Superintendent’s Comments.

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 on items within the subject matter jurisdiction of the Board. Per BB 9323, each individual speaker will have 3 minutes and speakers may not cede unused minutes to other speakers, and there is a maximum of 20 minutes of comments per topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak. 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. Reports
18.a. Report on Early Learning Programs
Recommended Motion:
Report only.
Comments:

Background
California Assembly Bill 22 creates a "14th grade" of public education by 2025-2026.  It brings together programs across early learning and K-12 to ensure every four-year old child has access to a quality learning experience the year before kindergarten.  Early Learning Programs include Preschool and Universal Transitional Kindergarten.

Current Consideration
Education Services staff will report on the Early Learning Programs.

Approved by
Drake/Leary
Board Agenda
February 8, 2022

18.b. Report on the Supplement to the Annual Update to the 2021-2022 Local Control and Accountability Plan
Recommended Motion:
Report only.
Comments:
Current Consideration:
California’s 2021–22 Budget Act, the Federal American Rescue Plan Act of 2021, and other state and federal relief acts have provided local educational agencies (LEAs) with a significant increase in funding to support students, teachers, staff, and their communities in recovering from the COVID-19 pandemic and to address the impacts of distance learning on students. As required by statute, NMUSD will provide a one-time mid-year report to the local governing board and educational partners related to engagement on, and implementation of, these acts.


Approved by:
Torres/Galey
Board Agenda
February 8, 2022
18.c. Report on Theater Project at Estancia High School
Recommended Motion:
Informational report only.
Financial Impact:
No financial impact to district.  Report only.
Comments:
The district's Facilities Administrative Director, Ms. Ara Zareczny, will report on the Theater Project at Estancia High School.

Approved by:
Holcomb/Zareczny
Board Agenda
February 8, 2022

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. Approve the PARS Plan Restatement and Authorize the Executive Director, Chief Financial Officer to Execute as Approved
Recommended Motion:
It is recommended that the Board of Education approve the PARS Plan Restatement.
Financial Impact:
No budget impact.
Comments:

Background:
In 1998 the Newport-Mesa Unified School District Board of Education adopted the Public Agency Retirement System (PARS) Supplementary Retirement Plan for eligible employees retiring in 1998.  The intent of the Plan and the Trust established to hold the assets of the Plan shall be qualified under Section 401(a) and tax-exempt under Section 501(a) of the Internal Revenue Code of 1986. 

The IRS requires that the District's Plan and Trust be amended and restated on a periodic basis to comply with new federal rules and regulations. PARS is in the third six-year cycle of restatements for this plan.  In conjunction with PARS review of the plan documents, the changes to this plan include Cycle 3 Cumulative List of Changes issued by the IRS in 2017.  As a result, recent changes made by the SECURE Act and CARES Act enacted after 2017 are not included in the plan but are captured in the accompanying separate plan amendment. 

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
February 8, 2022

Attachments:
PARS-ARS Plan Restatement July 1 2021
19.a.2. Approve the Use of California Multiple Schedule (CMAS) Contract # 3-19-70-3677B, with Netsync Network Solutions
Recommended Motion:
It is recommended that the Board of Education find and determine that it is in the best interest of the district to utilize CMAS Contract 3-19-70-3677B, for the purchase of network equipment from Netsync Network Solutions. 
Financial Impact:
Federal E-Rate Funding - Not to Exceed $1,381,754
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 Department of General Services managed CMAS program is a piggybacking program for state and local government agencies that provides products and/or services at pricing that was previously bid and awarded on a Federal GSA schedule.

The state's use of the Federal GSA schedule is primarily beneficial to the piggybacking public agency or school district because the vendors know that their potential customers include all federal 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 an item based on a competitive bid without going through the time and cost of the public bid process itself. There is no cost to the district to utilize this contract.

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 items it seeks, and if it determines the pricing to be in the best interest of the district, recommend the purchase of items off the piggyback bid or CMAS contract.

Staff has determined that it is in the best interest of the district to utilize an existing CMAS contract for the aforementioned service with Netsync Network Solutions 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/Trader/Babovic/Geiszler
Board Agenda
February 8, 2022

19.a.3. Approve Agreement with Grant Thornton LLP for Actuarial Services Associated with GASB 75
Recommended Motion:
It is recommended the Board of Education approve the agreement with Grant Thornton LLP to provide actuarial services associated with GASB 75 for fiscal years 2021/22 through 2024/25.

Financial Impact:

General Fund: Fiscal Services
Fiscal Year 2021/22: Not-to-exceed $11,250 (full valuation)
Fiscal Year 2022/23: Not-to-exceed $6,300 (interim valuation)
Fiscal Year 2023/24: Not-to-exceed $11,750 (full valuation)
Fiscal Year 2024/25: Not-to-exceed $6,600 (interim valuation)

Comments:

Background:
The district provides medical, dental, vision, and life insurance benefits to retirees and their covered eligible dependents. A portion of the cost associated with these benefits is assumed by the district for all eligible participants.  All active employees who retire directly from the district and meet the eligibility criteria may participate.  These benefits are known as post-employment benefits other than pensions (OPEB).  OPEB benefits are part of the total compensation offered by employers to attract and retain the services of qualified employees and are earned during employment but taken after employment has ended.

As a result of offering such benefits, Newport-Mesa Unified School District is required to report the associated costs according to the accounting requirements of Governmental Accounting Standards Board Statement No. 75, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions (GASB 75).

Although GASB 75 mandates the reporting of OPEB liability, it does not require the district to fund the liability.  However, the financial markets upon which the district depends for debt financing of cash flow and critical district operations evaluate the district's handling of its OPEB liability and consequently it impacts the rates at which the district can borrow money when needed. The markets have consistently judged Newport-Mesa Unified School District as being responsible in the handling of its identified OPEB obligations, even though full funding remains to be achieved. In anticipation of the need to address the OPEB liability, the Board of Education passed resolution #33-03-05 on March 8, 2005, creating a Special Reserve/Retiree Benefit fund for the purpose of accumulating monies for OPEB liability.  Accordingly, the district has funded the Special Reserve/Retiree Benefit fund as resources have allowed.

Current Consideration:
For financial reporting purposes, an actuarial valuation is required at least biannually.  As such, the district follows a three-year actuarial valuation cycle.  In years one and three a full actuarial valuation is completed to determine the OPEB cost and obligations and in year two the OPEB cost and obligations are estimated by rolling forward the year one valuation results.  Fiscal year 2021-22 is year one of the three-year valuation cycle. Grant Thornton LLP is qualified to perform an actuarial valuation to satisfy the requirements of GASB 75.

Approved by:
Holcomb/Trader
Board Agenda
February 8, 2022

Attachments:
GASB 75 Actuarial Agreement
19.a.4. Approve Agreement with Eide Bailly LLP for District Audit Services
Recommended Motion:
It is recommended that the Board of Education approve the agreement with Eide Bailly LLP for auditing services inclusive of the district's financial statements and program compliance for fiscal years 2021/22, 2022/23, and 2023/24, respectively, plus mileage.
Financial Impact:

General Fund:
Fiscal Year 2021/22: $54,000
Fiscal Year 2022/23: $55,500
Fiscal Year 2023/24: $56,500

Comments:

Background:
Education Code Section 41020 requires the district to select an Auditor for the 2021/22 fiscal year prior to April 1, 2022.  The audit firm selection process does not require a district to go to bid.  Special services including audits, are exempt from bid requirements pursuant to Government Code Section 53060. 

Considerations regarding a firm's ability to comply with audit standards and procedures include the firm's familiarity with audit requirements of California K-12 districts and expertise in Governmental Accounting Standards Board and Financial Accounting Standards Board pronouncements.  In addition, the firm must have an understanding of statutory funding mechanisms.

Although the Auditor works closely with district staff, the audit process is independent; the Auditor presents the audit report directly to the Board of Education.

Current Consideration:
The district has utilized the services of Eide Bailly LLP in the past and has determined through experience that the firm has the required expertise to fulfill the district's audit needs.  The proposed agreement for audit services covers the period 2021/22, 2022/2023, and 2023/24 fiscal years.  The agreement also includes provisions for travel as necessary to the district.  Any required additional services outside the scope of this agreement will be authorized by the Board of Education under a separate agreement.

Approved by:
Holcomb/Trader
Board Agenda
February 8, 2022

Attachments:
Agreement with Eide Bailly, LLP for District Audit Services
19.a.5. Approve Agreement Between Various Orange County School Districts to Provide Supplemental Student Transportation Services to Each Other
Recommended Motion:

It is recommended that the Board of Education approve the Five (5) Year Agreement for Student Transportation Services Between the Orange County School Districts effective from July 1, 2022 to June 30, 2027.

Financial Impact:

No budget impact.

Comments:

Background:
There are times when the district may require transportation services for special education, field trips, and special student activities, that are of an urgent or last minute nature. As the district and contracted vendors may not have the necessary resources to meet this demand, and to avoid disruption to student transportation services, the cooperative agreement would allow other Orange County School Districts who are signatories to the agreement to provide the necessary transportation service.

Other Orange County School Districts have the capability to provide assistance to the district in these situations. This cooperative agreement alleviates the need to establish separate, individual agreements with other districts. Additionally, it will likely provide extra compensated work for district staff.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader/Humphrey
Board Agenda
February 8, 2022

Attachments:
OC Mutual Transportation Agreement
19.a.6. Approve Agreement with Tyler Technologies, Inc. for Traversa Software
Recommended Motion:
It is recommended that the Board of Education approve the Software as a Service Agreement with Tyler Technologies Inc. for the fiscal years 2021-22, 2022-23, and 2023-24.
Financial Impact:
Transportation Services - General Fund: 
Fiscal Year 2021-22: $28,560
Fiscal Year 2022-23: $12,900
Fiscal Year 2023-24: $13,545
Comments:
Background:
The district is utilizing Tyler Technologies, Inc. to assist in school bus routing and district field trips.  

This agreement provides an upgrade to the current TOM's system and internal software systems and provides various software services including Traversa Core, Traversa Advanced Routing, Travesa Advanced Activities Trips, Traversa Training Module and reporting.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Babovic/Humphrey
Board Agenda
February 8, 2022

Attachments:
Traversa Agreement for Transportation - 3 Year
19.a.7. Approve Agreement with GMU Pavement Engineering, Inc. for Geotechnical Engineering Services for Pavement Maintenance at Mariners Elementary School
Recommended Motion:
It is recommended that the Board of Education approve the agreement with GMU Pavement Engineering, Inc. for geotechnical engineering services for pavement maintenance at Mariners Elementary School.
Financial Impact:
General Fund, Routine Restricted Maintenance: $12,551
Comments:
Background:
The blacktop playground at Mariners Elementary School is in poor condition and requires extensive maintenance. GMU Pavement Engineering (GMU) is a qualified geotechnical engineering firm and was selected through the RFP process to provide a pavement inventory, condition assessment and maintenance plan for all properties in the district.

Beyond the scope of the district-wide condition assessment, GMU has provided a proposal for project-specific geotechnical services for soils assessment, engineering and design for the maintenance and replacement of the blacktop playground at Mariners Elementary School.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
February 8, 2022
Attachments:
Service Agreement GMU Pavement Engineering
19.a.8. Approve Agreement with Salazar Surveying, Inc. for Topographical Surveying Services at Mariners Elementary School
Recommended Motion:
It is recommended that the Board of Education approve the agreement with Salazar Surveying, Inc. for topographical surveying services at Mariners Elementary School.
Financial Impact:
General Fund, Routine Restricted Maintenance: $6,300
Comments:
Background:
Extensive maintenance is required for the blacktop playground at Mariners Elementary School. This project will require topographical surveying to verify grading for drainage and ADA path of travel. Salazar Surveying, Inc has provided a proposal for services.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Bidnick
Board Agenda
February 8, 2022
Attachments:
SA - Salazar Surveying - Mariners EL - VS
19.a.9. Approve Phase 1 Design for Aquatics Center Improvements at Newport Harbor High School
Recommended Motion:
It is recommended that the Board of Education approve Phase 1 of the schematic design for the Newport Harbor High School Aquatics Center Improvements.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities: $1,300,000 (previously approved)
Comments:

Background:
On October 7, 2019 the Board of Education approved an agreement with Studio+ Architecture to provide architectural and engineering services for Phase 1 of the Aquatics Center at Newport Harbor High School.  This includes schematic design through close-out phases for a new scoreboard to be installed on the existing aquatics building, as well as multiple PC shade structures over existing bleachers on the north side of the pool at Newport Harbor High School.
  
On February 11, 2020 the Board of Education approved the Phase 1 budget for Scoreboard and Shade Structures.  The old aquatics scoreboard was subsequently removed, and a new scoreboard was installed on the aquatics building in the Summer of 2020.

To maintain equity among all high school pool facilities, on July 13, 2021 the Board of Education approved a budget increase of $1,300,000 to address taller sports lighting on the pool deck, including new shade structures as well as replacement bleachers complying with accessibility requirements.

Phase 2 will include the rehabilitation of locker rooms, showers and restrooms, which will be presented to the Board at a later date for design and budget approval.

Current Consideration:
Staff Recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
February 8, 2022


Attachments:
NHHS - Aquatics Center Rendering
19.a.10. Approve Service Agreement with PlaceWorks, Inc. for California Environmental Quality Act (CEQA) Services for the Aquatics Center Improvements at Newport Harbor High School
Recommended Motion:
It is recommended that the Board of Education approve a service agreement with PlaceWorks, Inc. for CEQA services for the Aquatics Center improvements at Newport Harbor High School.
Financial Impact:
Special reserve fund for capital outlay projects, Facilities: Not To Exceed $28,688
Comments:
Background:
On July 13, 2021 the Board of Education approved Phase 1 scope and budget for new shade structures located on the north side of the pool to support the new Americans with Disability Act (ADA) compliant water polo spectator seating.

As part of Phase 1 and in order to further implement the district/facility industry standards, new sports lighting will be provided at the Newport Harbor High School Aquatics Center. It is also anticipated Division of State Architect (DSA) will require a designated spectator single stall restroom within the Aquatic Facility.

Based on the current use of the aquatic facility and the scope of the renovation/improvements of the project, it may qualify for a categorical exemption under one or more categories outlined below:

15301 Class 2 Replacement or Reconstruction consists of replacement or reconstruction of existing structures and facilities.

15303 Class 3 New Construction or Conversion of Small Structures consists of construction and location of limited numbers of new, small facilities or structures.

15311 Class 11 Accessory Structures consists of construction, or placement of minor structures accessory to (appurtenant to) existing institutional facilities.

PlaceWorks will prepare the Notice of Exemption (NOE) that identifies the project and explains why it qualifies for the exemption. Their scope of work assumes that the proposed project will not change significantly from the project understanding in their proposal. They will prepare a memorandum that will discuss any disqualifying conditions and document whether any of these would prevent the applicability of the NOE.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
February 8, 2022

Attachments:
Service Agreement - Placeworks NHHS Aquatics Center Final
19.a.11. Ratify Service Agreement between Xpress Urgent Care and the Newport-Mesa Unified School District
Recommended Motion:
It is recommended that the Board of Education ratify the Service Agreement between Xpress Urgent Care and the Newport-Mesa Unified School District.
Financial Impact:

NTE $2,300,000

The district will claim for reimbursement from FEMA for surveillance testing costs.

Comments:

Background:
The district established a service agreement with Xpress Urgent Care during the school year 2021-2022 for the purpose of COVID-19 testing for students and staff following State of California school guidelines.  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, as of October 15, 2021, 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) has been billed.

Testing mandated through Cal OSHA, State and local health jurisdiction requirements results in a significant amount of costs being billed through district health plans.  FEMA funding is currently available for COVID-19 testing.  This contract allows Xpress Urgent Care to bill the district directly for the weekly non-vaccinated employee testing, therefore reducing costs being billed through insurance and future rate increases.  The district will seek FEMA reimbursement for these testing costs.

Current Considerations:
Staff recommends approval of this motion

Approved by:
Holcomb/Trader/Wilby
Board Agenda:
February 8, 2022

Attachments:
Xpress Urgent Care Service Agreement Amendment 1
19.a.12. Approve Service Agreement with PQBids for Prequalification of Prospective Bidders Services
Recommended Motion:
It is recommended that the Board of Education approve the agreement with PQBids for prequalification of prospective bidders’ services.
Financial Impact:
General Fund – Facilities, Maintenance and Operations – not to exceed $55,000
Comments:
Background:
Prequalification of contractors is required for all projects that could receive state funding.  To better streamline the process, staff requested a proposal from PQBids for prequalification services.  PQBids utilizes online process for construction project prequalification.  It is anticipated that this will increase visibility of district projects and increase competition on district bids by engaging a broad contractor audience.  The agreement would be for five years.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Zareczny
Board Agenda
February 8, 2022

Attachments:
Service Agreement - PQBids 2022-2027
19.a.13. Approve Gift Register 2-8-22
Recommended Motion:
It is recommended that the Board of Education approve the Gift Register 02-08-2022.
Financial Impact:
Enhances the district's financial capabilities by the amount of the gifts.

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

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

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

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb
Board Agenda
February 8, 2022
Attachments:
Gift Register 02-08-2022
19.a.14. Approve Software Register (Renewals) 2-8-22
Recommended Motion:
It is recommended that the Board of Education approve the Software Register (Renewals) 02-08-2022.
Financial Impact:
General Fund, Transportation - Budgeted for $550.
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
February 8, 2022
Attachments:
FuelMaster Renewal 21--22
Software Register (Renewals) 02-08-22
19.a.15. Approve Accounting Report 2-8-22
Recommended Motion:
It is recommended that the Board of Education approve Accounting Report 2-8-2022.
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 December 6, 2021, through January 16, 2022.

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
February 8, 2022
Attachments:
Accounting Check Register 02-08-22
Accounting Report 02-08-22
19.a.16. Approve Purchasing and Transaction Report 2-8-22
Recommended Motion:
It is recommended that the Board of Education approve the Purchasing and Transaction Report 2-8-22.
Financial Impact:
Various funds district-wide.
Comments:
Background:

The reports are as follows:

Purchase Order Summary along with Abstract that lists all 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 between December 06, 2021 through January 20, 2022: Processed 453 totaling $5,067,200.90.

Business Trip Summary detailing trips by name, organization, and funding(s).
- Business trips submitted between December 06, 2021 through January 20, 2022: Processed 77 Travel Approval Requests.

Surplus Report listing assets that have been sent to Bear Street for liquidation and/or archiving.
- Surplus items between December 06, 2021 through January 20, 2022: Processed 216 items.

Approved by:
Holcomb/Trader/Geiszler
Board Agenda
February 8, 2022
Attachments:
Canceled Report 02.08.22
Change Orders Report 02.08.22
Purchase Order Detail Report 02.08.22
Purchase Orders Exceeding $10,000 and New Equipment Report 02.08.22
Surplus Report 02.08.22
TAR Report 02.08.22
19.b. Education Services
19.b.1. Approve 2021-2022 Comprehensive School Safety Plans
Recommended Motion:
It is recommended that the Board of Education approve the 2021-22 Comprehensive School Safety Plans.
Comments:

Background

State law requires that schools prepare a Comprehensive School Safety Plan. The purpose of the plan is to identify appropriate strategies and programs that provide and maintain a high level of school safety, including the school’s procedures in the case of earthquakes, fires, and other emergencies (California Education Code § 32280 through § 32289, California Government Code § 8607, and California Code of Regulations § 2400 through § 2450). To assist schools in complying with these requirements, the Newport Mesa Unified School District has adopted a two-part Comprehensive School Safety Plan: Part I, Policy Review and Planning and Part II, Emergency Procedures.

Current Consideration

The Comprehensive School Safety Plans contain the required elements specified by California Education Code § 32282. The planning process is as follows:

1. Identify planning committee members;

2. Create a vision of school as a place where students are safe to learn;

3. Gather and analyze data regarding school safety;

4. Review policies and procedures;

5. Identify areas of desired change and major goals;

6. Select and implement strategies;

7. Communicate the safety plan to the public and keep an updated plan available for public inspection. Have plan approved by the Board of Education; 

8. Evaluate progress and revise the plan.

The 2021-22 Comprehensive School Safety Plans are available for review at each of the district schools. Review of non-sensitive safety related plans and materials will be available upon request at school sites.

Approved by
Torres/Galey
Board Agenda
February 8, 2022

19.b.2. Approve the 2021-2022 Career Technical Education Advisory Committee Members
Recommended Motion:

It is recommended that the Board of Education approve the 2021-2022 Career Technical Education Advisory Committee Members.

Comments:

Background:
According to the 2018-2019 California Department of Education Program Monitoring document for Career Technical Education, in Section I, Involvement, CTE 01.1.1: "The governing board of each school district participating in a Career Technical Education (CTE) program shall appoint a CTE Advisory committee to develop recommendations on the program and to provide liaison between the District and potential employers."

Current Consideration:
Attached is the list of 2021-2022 Career Technical Education Advisory Committee members.

Approved by:
Torres
Board Agenda
February 8, 2022

Attachments:
CTE Adisory Board Member List
19.b.3. Approve the Rental Agreement for St. Andrew's Presbyterian Church Facilities for Back Bay and Monte Vista High Schools' Rehearsal and Graduation Ceremony on June 9, 2022
Recommended Motion:
It is recommended that the Board of Education approve the rental agreement for St. Andrew's Presbyterian Church facilities for Back Bay and Monte Vista High Schools' rehearsal and graduation ceremony on June 9, 2022.
Financial Impact:

Budgeted item: Funding provided by Back Bay/Monte Vista general fund.  The cost of the rental is one thousand, five hundred thirty-one dollars and fifty cents ($1,531.50), which includes a non-refundable deposit of three hundred fifty dollars ($350). The balance will be one thousand, one hundred eight-one dollars and fifty cents ($1,181.50).


Comments:

Background:
Back Bay and Monte Vista High Schools began using St. Andrew's Presbyterian Church facilities a few years ago as more space was needed to accommodate graduation guests.

Current Consideration:
To maintain all proper insurance and legal requirements, a rental agreement has been prepared stipulating the usage of the Sanctuary and Family Center at St. Andrew's Presbyterian Church for Back Bay and Monte Vista High Schools' rehearsal and graduation ceremony on June 9, 2022.

Approved by:
Torres/Bauermeister/Wagner
Board Agenda
February 8, 2022


Attachments:
BB.MV_St. Andrew's Church Rental Agreement Graduation
19.b.4. Approve Contract with Guided Discoveries Astro Camp for Killybrooke School for the 2021-2022 School Year
Recommended Motion:
It is recommended that the Board of Education approve the contract with Guided Discoveries  Astro Camp for Killybrooke Elementary School for the 2021-2022 School Year
Financial Impact:
This item has been budgeted - Student fees, parents and community donations provide the funding.  The cost is two hundred and fifty two dollars ($252.00) per student.
Comments:

Background
Newport-Mesa schools have participated in the Guided Discoveries - Astro Camp Outdoor Science School program located in Idyllwild.  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 site.

Current Consideration
Students and teachers from Killybrooke Elementary will participate in the program offered at the Guided Discoveries - Astro Camp Outdoor Science School program during the 2021-2022 school year. 

The program has a 30 day of the deposit due date cancellation policy which would allow for a full refund. In the event of cancellation due to fire, rain, flood, riot or other condition or act beyond their control, Guided Discoveries will attempt to reschedule the group.  If Guided Discoveries is able to reschedule the group and the alternate dates are refused, the deposit will be held in the schools account to be used for a future trip. 

Approved by:
Drake/Suhr/Sosa
Board Agenda
February 8, 2022


Attachments:
Guided Discoveries - Astro Camp Killybroke
19.b.5. Approve Service Agreements' Register 2-8-22
Recommended Motion:
It is recommended that the Board of Education approve the Service Agreements' Register 2-8-22.
Financial Impact:
The various funding sources of the Service Agreements are listed on the Register.
Comments:

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

Current Consideration:
Service Agreements Register 2-8-22 is submitted for consideration

Approved by:
Drake/Torres
Board Agenda
February 8, 2022

Attachments:
Service Agreement Register 2-8-22
19.b.6. Approve Secondary School Related Overnight Travel Register 2-8-22
Recommended Motion:
 It is recommended that the Board of Education approve the Secondary School Related Overnight Travel Register 02-08-22.
Financial Impact:
This item has been budgeted; routine impact. 
Comments:

Background
The Secondary School Related Overnight Travel Register listing trips planned by the secondary school sites is submitted for approval by the Board of Education. 

Current Consideration
Secondary School Related Travel Register MM-DD-YY is submitted for consideration. The district reserves the right to cancel any trip up to and including forty-five days before the trip due to changes and current guidance provided by the California Department of Public Health, Center for Disease Control, Orange County Health Care Agency (OCHCA), and other agencies such as the CA Occupational Safety and Health Administration (OSHA). We will continue to monitor and review new information as it is released along with available substitute teacher coverage for any teacher chaperones in order to adjust as necessary.


Approved by:
Torres/Bauermeister
Board Agenda
February 8, 2022

Attachments:
Travel Register 2-8-22
19.c. Human Resources
19.c.1. Approve Memorandum of Understanding Between the Newport-Mesa Unified School District and the Newport-Mesa Federation of Teachers Regarding Trimester 2: Elementary Report Card Day
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 Trimester 2: Elementary Report Card Day.
Financial Impact:
This amount has been budgeted. The estimated amount is $236,386.
Comments:

Background:
The Newport-Mesa Federation of Teachers (NMFT) and Newport-Mesa Unified School District (NMUSD) recognize the challenges of providing report card release days during the most recent COVID-19 surge. With the high number of absences due to illness and close contacts, along with the limited number of substitute teachers available, it is not possilbe to provide a report card release day to elementary classroom teachers.

Current Consideration:
For the 2021-22 school year, regular and special day classroom teachers shall be compensated the additional sum of $185.00, the NMUSD substitute long term rate. This payment is in lieu of receiving the second trimester report card release day.

This MOU does not set precedent or effect any provision of the Collective Bargaining agreement between NMFT and NMUSD. A copy of the MOU is attached.

Approved By:
Olson
Board Agenda
February 8, 2022
Attachments:
MOU Trimester 2 Elementary Report Card Day
19.c.2. Approve Certificated Employees' Appointment/Reassignment Register 02-08-22
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Appointment/Reassignment Register 02-08-22.

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 02-08-22 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
February 8, 2022

Attachments:
Certificated Appointment Register 02-08-22
19.c.3. Approve Certificated Employees' Leave of Absence Register 02-08-22
Recommended Motion:

It is recommended that the Board of Education approve the requests for leaves of absence for the certificated employees listed on Register 02-08-22.

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 02-08-22 are requesting leaves of absence for the reasons indicated for the 2021-22 school year.

Approved By:
Olson/Garcia
Board Agenda
February 8, 2022

Attachments:
Certificated LOA Register 02-08-22
19.c.4. Approve Certificated Employees' Resignation/Termination Register 02-08-22
Recommended Motion:

It is recommended that the Board of Education approve Certificated Employees' Resignation/Termination Register 02-08-22.

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 02-08-22 are resigning due to the reasons indicated.

Approved By:
Olson/Garcia
Board Agenda
February 8, 2022

Attachments:
Certificated Resignation Register 02-08-22
19.c.5. Approve Classified Employees’ Appointment/Reassignment Register 02-08-22
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Appointment/Reassignment Register 02-08-22.
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 02-08-22 are needed to conduct district and school operations.

Submitted By:
Clark/Caldwell
Board Agenda
February 8, 2022

Attachments:
Classified Appointment Register 2-8-22
19.c.6. Approve Classified Employees' Leave of Absence Register 02-08-22
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Leave of Absence Register 02-08-22.
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.

Submitted By:
Clark/Caldwell
Board Agenda
February 8, 2022

Attachments:
Classified LOA Register 2-8-22
19.c.7. Approve Classified Employees' Resignation/Termination Register 02-08-22
Recommended Motion:
It is recommended that the Board of Education approve the Classified Employees' Resignation/Termination Register 02-08-22.
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.

Submitted By:
Clark/Caldwell
Board Agenda
February 8, 2022

Attachments:
02-08-22 Classified - Resignation Register
19.d. Student Support Services
19.d.1. Approve Contract Number CT-042-22010907 Between the Newport-Mesa Unified School District and the Orange County Health Care Agency for the Administration of the California Healthy Kids Survey for 2020-2021
Recommended Motion:
It is recommended that the Board of Education approve Contract Number CT-042-22010907 between the Newport Mesa Unified School District (NMUSD) and the Orange County Health Care Agency for the administration of the California Health Kids Survey (CHKS) for 2021-2022 and 2022-2023.
Financial Impact:
The attached contract with OCHCA will provide reimbursement for up to $9,618.80.
Comments:

Background: 

The administration of the California Healthy Kids Survey (CHKS) is done in partnership with two agencies, the Orange County Health Care Agency (OCHCA) and WestEd.  The attached contract with OCHCA will provide reimbursement for up to $9,618.80 to NMUSD to be exclusively used to cover the cost related to the administration of CHKS for 2021-22 and 2022-23.  The 2021-22 survey administration will include the student survey and the 2022-23 survey administration will include the student, staff, and parent surveys.

Current Consideration: 

It is recommended that the Board of Education approve Contract Number CT-042-22010907 between the Newport Mesa Unified School District (NMUSD) and the Orange County Health Care Agency for the administration of the California Health Kids Survey (CHKS) in the 2020-21 and 2022-23 school years.

Approved by: 

Jocham/Coley
Board Agenda
February 8, 2022

Attachments:
Contract Number CT-042-22010907
19.d.2. Approve the Memorandum of Understanding with WestEd for the Administration of the California Healthy Kids Survey
Recommended Motion:
It is recommended that the Board of Education approve memorandum of understanding between NMUSD and WestEd for the administration of the California Healthy Kids Survey (CHKS) for 2021-22.
Financial Impact:
Not to exceed $15,000
Comments:

Background: 

The CHKS provides a reliable and cost-effective method of collecting countywide data on student health-risk behaviors and youth development factors.  This data is used by the District and school sites to identify and analyze student perceptions and trends.  It is an important tool for gathering student input and data on school climate and culture, social emotional and mental health, as well student behaviors and feelings towards academics.

Current Consideration:

Approval of this agenda item will allow the District and schools to continue to collect valuable data and make informed decisions on academic, social/emotional, behavioral, and mental health and wellness issues impacting students and families throughout the District. 

Approved by: 

Jocham/Coley
Board Agenda
February 8, 2021

Attachments:
Memorandum of Understanding with WestEd
19.d.3. Ratify Memorandum of Understanding Between the Orange County Superintendent of Schools and Newport-Mesa Unified School District 2021-2022
Recommended Motion:
It is recommended that the Board of Education ratify the Memorandum of Understanding (MOU) between the Orange County Superintendent of Schools and Newport-Mesa Unified School District (NMUSD).
Financial Impact:

$1,300,000.00

Comments:

Background:

Pursuant to the authority established in Education Code Sections 56195, 56195.1, 56195.3, and 56195.5, OCDE may provide for the education of individual pupils in special education programs who reside in other districts or counties.  The OCDE Division of Special Education Services operates the OCDE Special Schools Program to provide special education programs and services to individuals with exceptional needs requiring intensive education services, including a regional deaf and hard of hearing program.

Current Consideration:

OCDE shall conduct special education programs and services for the eligible pupils of the District referred by their Individualized Education Program (IEP) Teams when it is jointly determined by the District and OCDE that the Pupil's educational needs as specified in the pupils IEP can appropriately meet the programs and services operated by OCDE.

Prior to offering placement in any OCDE Special Schools Program, the District shall contact the appropriate OCDE Special Schools Principal to discuss a possible referral and the appropriateness of the OCDE Special Schools Program placement.  OCDE shall maintain and provide special education programs for District pupils during the 2021-2022 school year within the administrative parameters established by the Special Education Fiscal Advisory Committee.

Approved by:

Jocham/Barela

Board Agenda

February 8, 2022

Attachments:
OCSS MOU 21-22
19.d.4. Approve Contract between the Newport Mesa Unified School District and Dr. Lucy Vezzuto
Recommended Motion:
It is recommended that the Board of Education approve the contract and authorize the Assistant Superintendent, Student Support Services to execute as approved.
Financial Impact:
NTE $5,500.00
Comments:

Background: 

Social Emotional and mental health is essential to learning and development; because of this important interplay between emotional health and school success, schools must be partners in the mental health care of our children. (President’s New Freedom Commission on Mental Health, 2003, p. 58.) 

In collaboration with the Student Services Department, Dr. Lucy Vezzuto will offer the opportunity for teachers to participate in a three-part interactive virtual mental health training series.  Topics explored in this professional learning community include but are not limited to: 

  • Youth social emotional development, the prevalence of mental health disorders, risk and protective factors, & the mental health continuum; 
  • signs, symptoms, and educational implications; and
  • prevention, intervention and supports.

In addition, she will provide a one-hour parent education event focusing on ameliorating the anxiety and stress of their children. 

Dr. Vezzuto is nationally renowned for her work in the field of student mental health, social emotional learning, and restorative practices;  she draws from an extensive list of experiences and accolades which includes: teacher, Fulbright Scholar, meditation leader, professor, and recipient of the Ambassador of Peace Award. 

Current Consideration:

This contract provides a three-part virtual training series for educators (three 90-minute interactive sessions) and a (one-hour) virtual parent education presentation.

Approved by: 

Jocham/Coley/Henry

Board Agenda

February 8, 2022


Attachments:
Vezzuto
19.d.5. Approve Parent Reimbursement Contracts for the 2021-2022 School Year
Recommended Motion:

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

Financial Impact:

$1,300.00

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

Board Agenda

February 8, 2022

 

19.d.6. Approve Settlement Agreement #01023120
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #1023120 pursuant to the laws of the State of California.
Comments:

Background:

On January 6, 2022, a Settlement Agreement was reached in Case #01023120.  Both parties wish to resolve all claims arising from or in any way related to this Settlement Agreement.

Current Consideration:

The Settlement Agreement includes a waiver of all claims through and including June 10, 2022.

Approved by:

Jocham/Sauvao

Board Agenda

February 8, 2022

19.d.7. Approve Settlement Agreement #71024121
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #71024121 pursuant to the laws of the State of California.
Comments:

Background:

On December 20, 2021, a Settlement Agreement was reached in Case #71024121.  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 March 15, 2022.

Approved by:

Jocham/Sauvao

Board Agenda

February 8, 2022

19.d.8. Approve Settlement Agreement #80024101
Recommended Motion:

It is recommended that the Board of Education approve Settlement Agreement #80024101 pursuant to the laws of the State of California.

Financial Impact:

None.

Comments:

Background:

On January 3, 2022, a Settlement Agreement was reached in Case #80024101.  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 February 28, 2022.

Approved by:

Jocham/Sauvao

Board Agenda

February 8, 2022

19.d.9. Approve Settlement Agreement #90023221
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #90023221 pursuant to the laws of the State of California.
Financial Impact:
$26,700.00
Comments:

Background:

On January 25, 2022, a Settlement Agreement was reached in Case #90023221.  Both parties wish to resolve all claims arising from or in any way related to this Settlement Agreement.

Current Consideration:

The Settlement Agreement includes a waiver of all claims through and including June 30, 2022.

Approved by:

Jocham/Sauvao

Board Agenda

February 8, 2022

19.d.10. Approve Settlement Agreement #2021090101
Recommended Motion:
It is recommended that the Board of Education approve Settlement Agreement #2021090101 pursuant to the laws of the State of California.
Financial Impact:
$14,375.00
Comments:

Background:

On January 18, 2022, a Settlement Agreement was reached in Case #2021090101.  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 December 31, 2022.

Approved by:

Jocham/Sauvao

Board Agenda

February 8, 2022

20. Discussion/Action Calendar
20.a. Accept Financial Audit Reports for the 2020-2021 Year
Recommended Motion:
It is recommended that the Board of Education review and accept the Annual Audit Reports for the district.
Financial Impact:
Not applicable.
Comments:
Background:
California Education Code Section 41020 requires that school districts provide for an annual audit of all funds under the district's jurisdiction using an independent auditor and reported using the format established by the California State Controller's Office. California Education Code Section 41020.3 requires that the Governing Board review the annual audit at one of its regularly scheduled meetings.

Representatives of the Board's audit firm, Eide Bailly LLP., have completed their examination and have presented the results to district staff. The following final reports have been provided to the Board of Education in open session:

1) Newport-Mesa USD
2) Newport-Mesa USD Building Fund (Measure F)

Current Consideration:
Staff recommends approval of this motion.

Approved by:
Holcomb/Trader
Board Agenda
February 8, 2022
Attachments:
Final 2021 Prop 10 Letter
NMUSD 2021 Final Governance Letter
NMUSD 2021 Financial Audit Statement
NMUSD Measure F 2021 Financial Audit Statements
NMUSD Measure F 2021 Governance Letter
20.b. Trustee Area Boundaries Report and Adoption of Resolution 18-02-22Was edited within 72 hours of the Meeting
Recommended Motion:
It is recommended that consideration and adoption of the final revised Trustee Area Map be approved by the Board of Education.  A proposed Resolution is attached to this agenda for adoption by the Board of Education following the Board’s selection of the final Trustee Area Map.
Comments:

Background:
California Education Code 5019.5 prescribes the following:  The boundaries of the trustee areas shall be adjusted by the governing board of each school district as required before the first day of March of the year following the year in which the results of each decennial census are released.

At the Board meeting on January 11, 2022, the Board of Education reviewed and received a presentation from Cooperative Strategies and legal counsel regarding the 2020 federal census and redistricting.  The presentation included an analysis of the Existing Trustee Areas and a conceptual Trustee Area Scenario Map that would achieve compliance with Education Code 5019.5, the Federal Voting Rights Act, and the California Voting Rights Act based upon the 2020 federal census and related information.

On February 1, 2022, the Board of Education held a study session at which time conceptual trustee areas were presented in four scenarios with analysis pertaining to each scenario.  The Board discussed the scenarios and received public comment at its study session.  The four conceptual scenarios are posted on the District’s web site at www.nmusd.us.

Approved by:
Superintendent/Legal Counsel
Board Agenda
February 8, 2022



Attachments:
Resolution 18-02-22
21. Informal Reports - Superintendent
22. Board Member Reports/Committee Reports
23. Adjournment

Published: February 4, 2022, 2:24 PM

The resubmit was successful.