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1 Moreno Valley USD Minutes Regular Meeting of the Board of Education July 18, :00 PM Closed Session: 5:00 p.m. Open Session: 7:00 p.m. Board Room Alessandro Blvd. Moreno Valley, CA Attendance Taken at 5:03 PM: Present: Mrs. Tina Daigneault Ms. Diane Hellerstedt Mr. Jesus Holguin Mr. Cleveland Johnson Dr. Martinrex Kedziora Mrs. Maribel Mattox Mr. Evan Morgan Mrs. Susan Smith Dr. Robert Verdi Absent: Mr. Gary Baugh Updated Attendance: Mr. Gary Baugh was updated to present at: 5:12 PM A. CALL TO ORDER The minutes of the Regular Session of July 18, 2017 are being submitted to the Board of Education for approval at its Regular Board Meeting of September 12, The minutes are a complete and factual record of action taken by the Board of Education at its Regular Session meeting of July 18, A.1. Roll Call BOARD MEMBERS PRESENT Cleveland Johnson, President Gary E. Baugh, Ed.S., Vice-President Susan J. Smith, Clerk Jesus M. Holguin, Member Evan Morgan, Member Diane Hellerstedt, Administrative Assistant, Board of Education CABINET MEMBERS PRESENT Dr. Martinrex Kedziora, Superintendent Maribel Mattox, Chief Academic Officer Tina Daigneault, Chief Business Official Dr. Robert Verdi, Chief Human Resources Officer B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS

2 There were no public comments on Closed Session items. C. CLOSED SESSION The Board of Education convened into Closed Session at 5:05 p.m. C.1. Board Deliberation Regarding Student Discipline Cases Pursuant to Education Code & Student Disciplinary Actions C.2. Public Employee Employment/Appointment Pursuant to Government Code Motion Passed: Pull Human Resources Item G.4.a.1. from Consent Agenda and approve Kenneth Wagner as Director III, Secondary Education. Passed with a motion by Mr. Gary Baugh and a second by Mr. Evan Morgan. C.3. Public Employee Discipline/Dismissal/Release/Non-Reelects Pursuant to Government Code C.4. Conference with Labor Negotiator Pursuant to Government Code C.5. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code C.6. Conference with Real Property Negotiator Pursuant to Government Code C.7. Settlement of Claims Pursuant to Government Code (b)(1) Motion Passed: Deny Claim , under the Government Code as presented. Passed with a motion by Mr. Gary Baugh and a second by Mrs. Susan Smith. Motion Passed: Deny Claim Number MH, under the Government Code as presented. Passed with a motion by Mrs. Susan Smith and a second by Mr. Gary Baugh. Page 2

3 D. RECONVENE INTO OPEN SESSION The Board of Education reconvened into Open Session at 7:12 p.m. D.1. Roll Call BOARD MEMBERS PRESENT Cleveland Johnson, President Gary E. Baugh, Ed.S., Vice-President Susan J. Smith, Clerk Jesus M. Holguin, Member Evan Morgan, Member Diane Hellerstedt, Administrative Assistant, Board of Education CABINET MEMBERS PRESENT Dr. Martinrex Kedziora, Superintendent Maribel Mattox, Chief Academic Officer Tina Daigneault, Chief Business Official Dr. Robert Verdi, Chief Human Resources D.2. Report Out of Closed Session President Johnson reported that discussion was taken and direction given on Closed Session items: Student Discipline Cases Public Employee Employment/Appointment - Director III, Secondary Education. Public Employee Discipline/Dismissal/Release/Non-Reelects Conference with Labor Negotiator Conference with Legal Counsel - Existing Litigation - OAH Case # Real Property Negotiations - APN # Settlement of Claims - Claim nos and MH. Reportable Action included denial of claims and a separate vote on a Human Resources employment item Director III, Secondary Education. E. OPEN SESSION E.1. Pledge of Allegiance The Pledge of Allegiance and Inspiration were led by Viridiana Jauregui, ASTERISK Student Intern and graduate of Valley View High School. E.2. Dates of Future Board Meetings Dates of upcoming Board meetings were shared as follows: -July 29, Special Study Session/Board Workshop Page 3

4 -August 1, Regular Meeting -September 12, Regular Meeting -September 19, Study Session: Student Achievement -September 26, Regular Meeting E.3. Superintendent's Report Dr. Kedziora shared highlighted components of the Local Control Accountability Plan (LCAP), and announced that the District's LCAP Plan for the year meets the rigorous compliance requirements reviewed by the Riverside County Office of Education. Summer School statistics were shared, including 1,200 students at elementary schools, 850 students at middle school academies, and 4,201 enrolled at high schools, anticipating 82 Summer School graduates. The ceremonies for the Summer School graduation and the A.S.T.E.R.I.S.K. Student Intern Program were announced as well. Positive result statistics were also shared for the 5-year federally funded UCR Upward Bound Classic Grant program held at Moreno Valley High School from , which assisted students from disadvantaged backgrounds to increase enrollment in postsecondary education. Course examples were shared for the 58 Professional Development trainings offered over the summer, from June 12 - August 2, as well as pictures of activities at the STEM Summer Institute, including a tour of the Jet Propulsion Laboratory. Other summer activities shared were participation and awards earned in the City's Independence Day Parade, the Elementary Band Camp and performance, and the SunPower Solar Energy Academy, where two Canyon Springs students earned paid internships in a STEM Showcase, and a Summer STEM Academy of the Upward Bound Math & Science program. Statistics of meals served by Nutrition Services at Summer School, the Think Together elementary program, and lunches in the park were provided. To date, 94,298 meals have been served. A video of the Lunches in the park program was shown. A list of Career Technical Education (CTE) classes for was shared, including registration information. The Facilities Update included pictures and progress status on ERP (Emergency Repair Program), CFD (Community Facilities District), Prop 39 (Energy Usage Reduction) and Measure M (Bond) projects at Edgemont, Canyon Springs, Mountain View, Moreno Valley and Serrano. Information was also shared about the Tour of Construction projects conducted by the Facilities Department for the members of the Citizen's Bond Oversight Committee. Celebrations included a trip to the Rose Bowl for 80 high school students and special recognitions for several teachers across the District: Hero of the Year award for Canyon Springs Counselor, Michelle Gomez, for anti-bullying campaign; Outstanding Advocate recognition for Moreno Valley's BARR Coordinator, Pedro Nuno; and a Local Hero award for Vista del Lago's Read 180 Teacher, Trenquilla Francis. Dates for the Leadership Summit were shared as well as extended summer hours for the Centralized Registration Center and information on activities for the First Day of School. Page 4

5 E.4. Staff Responses to Public Comments Made at Previous Meetings Dr. Kedziora responded to comments about two issues. First, regarding the high cost of pool construction, he provided a comparison of requirements and associated costs of a residential pool versus a commercial pool, which has many more regulations and must meet stricter codes, resulting in significantly higher costs. Second, regarding the Property Bill charges for school bonds, he provided a table that included the actual tax rate and cost per $100,000 of house value for both the 2004 Bond Series and the 2014 Bond series, along with an example based on house value. BOND Tax Rate Per $100,000 Series $43.79 Series $59.41 TOTAL $ EXAMPLE $250,000 House Assessed Value Series 2004 = $ Series 2014 = $ TOTAL ANNUAL TAX = $ E.5. Public Comments on Agenda Items A community member spoke on several agenda items. First, he announced that someone in the audience was broadcasting the meeting live on Facebook, and stated the technology available makes it an easy thing to do. He was pleased with the Public Comments occurring earlier than usual in the meeting and stated it was a good example of running a meeting in an efficient manner. He hopes it will be the same for future Board meetings. He commented about the Local Control Accountability Plan (LCAP), noting that the District budget and LCAP plan will still have the oversight of the former Superintendent at the Riverside County level. For Staff Responses, he acknowledged the Superintendent's response about pool construction costs, but noted that hearing a $6 million quote when Olympic size pools can be built for $1.5 million triggers alarm bells. Regarding the Superintendent's response explaining the Bond tax amounts, he questioned the assessment amount will ever increase as more money is pulled from the Bond. He thinks that the statement that it will stay the same is in error. Regarding the Public Hearing for the School Facilities Needs Analysis (SFNA) report, the community member questioned why the notice and report in pdf form were not put on the website. The Facilities office had replied that they met the legal requirements for publishing in the newspaper, but he feels this is not so efficient, especially since newspaper readership is down. He referred to technology in existence that makes it easy to publish in other ways. In response the Resolution to approve school facilities fees, the community member Page 5

6 remarked that the circumstances have changed significantly since the Facilities Master Plan (FMP) was approved in He believes the entire facilities plan needs reexamination and reorganization. He also noted that those participating in the review of the FMP were mostly employees, and should be opened up more to a wider audience. He stated he believes we should be looking for more technology in the future. He acknowledged that there has been progress in some areas, but the District still faces many challenges and should consider the input of all. Responding to minutes of a previous meeting, he recounted the situation when he was not allowed to speak because he was late coming to the podium, yet at another meeting 20 people came and were all allowed to speak. He stated it seems to show preferential treatment toward some, and asked that the Board and administration consider carefully how the public is treated. In response to a Resolution involving Charter Schools, he stated he believes the Board is not, but should be, looking in direction of Charter Schools. He gave an example of the Logistics Center and future quality jobs available due to such facilities in this area, and believes we should consider charters who would emphasize this area and keep up with technological advances. He believes these are topics that should be brought to the table for consideration. E.6. Public Comments on Non-Agenda Items A community member spoke about his frustration with what he views as a lack of transparency. He stated he submitted 11 Public Records Requests, asking for information regarding Measure M and facilities projects. He has previously asked about the promise of state matching funds for the bond and the portion of Measure M funds set aside for the fifth high school, and stated he has not received answers to these questions; that is why he submitted the Public Record requests. He said that he received a response from an attorney denying the requests, and is concerned that the District responded in this manner rather than contacting him personally to talk or meet with him. He asked for information on how much has been spent on High School No. 5 from the beginning until now. He also asked what happened to the $50,000 that was received from Highland Fairview for the high school search. One parent spoke about issues with public speakers. He stated it was not fair that two students came at 7:04 p.m. at the last meeting and were not allowed to speak, when the Board often starts their meetings late. Although Dr. Kedziora has explained the Measure M tax amounts, he stated that information was not shared correctly before the election, citing a particular DELAC meeting when he understood from the presentation by the Facilities Director that the maximum tax amount would be $60 per year total, not a percentage. He feels deceived and would not have voted for it if he had known the truth, and believes others would not have voted for it, as well. He thinks some of the statements on the Measure M fliers were also deceiving, saying funds would help in math and science classes. As taxpayers, he stated they at least want transparency, now, in how the Measure M money is being spent, and he doesn't think this information is being shared. He stated people will continue to question this. On another topic, he stated he Page 6

7 has heard from neighbors who have had bullying or other issues at school sites, and they have not received answers or resolution to their concerns. Another parent stated she also came to ask for more transparency and clarity about Measure M. She is frustrated that the Citizen's Bond Oversight Committee meetings are not held in a consistent location, and questions whether they have been properly posted ahead of time. She asked that a microphone be used during the meetings because the public cannot hear what is going on. She also stated that what they want is financial statements, not projections, for the Measure M expenditures. She said they want transparency, and with existing technology, it should be easy to inform the public. She further stated parents are not looking to fight, but instead to make sure the funds are spent in the best way for students. She hopes the District will consider this and honor their requests. A long-time resident also spoke about the request for transparency and a complete record about the expenditures from Measure M, from the beginning until now, and continuing into the future. He said they want the best education for the students for the future of the city. Another parent reiterated the feeling that they were deceived about Measure M. She said everyone in her household who voted did not know it would last for 30 years, which she believes is too long. Another concern is because the house values have changed since 2006, which affects her taxes. She said many people are struggling and cannot afford these taxes. She is also struggling with getting information from the Riverside County regarding her tax bill, especially because she struggles in English, and is hoping someone has a solution or can help her. The Chief Academic Officer approached the community member and took her contact information to see if we can assist her with getting information from Riverside County. A parent spoke about three areas she believes need fixing: 1) The priority of education should be listening to parents concerns. She stated the District has social obligations to listen to parents and to make sure that everyone speaks. Toward this end, she believes the District should reorganize the Board meetings and not limit the public to 21 minutes for speaking. 2) She voted no on Measure M and said many voters feel deceived. So now, parents want the money to be used wisely and with transparency. 3) She stated it is important to increase academic education for our students. She wants the District to take actions toward this goal, and stated parents will be at every meeting to demand better education. A former student who attended Badger Springs Middle School spoke about a concern for the quality of education for students of the District. He said he experienced a hostile environment with staff and students and was a victim of bullying so severe that he moved to Val Verde School District. He stated the District should provide much more help with bullying and mental health support. Another community member thanked the Superintendent for his report, stating it was good to hear how staff works hard to find grants and secure funds for students. His granddaughter will be a sophomore, and has also experienced bullying problems. He acknowledged that Measure M charges are $60 for every $100,000 in house value, and said he fights for development in the city and for all to get their fair share. He stated the key word he heard tonight was technology, and we need to use it better to communicate. He also said we need to do a better job in regarding parents concerns about bullying. Page 7

8 F. PUBLIC HEARING F.1. Public Hearing to Review and Consider Adoption of a Report Entitled: "School Facilities Needs Analysis," Prepared as of June 16, 2017, (2017 SFNA), to Consider and Respond to All Comments Received by the Moreno Valley Unified School District Related Thereto, and to Adopt Alternative School Fees Motion Passed: Board President Johnson called for the opening of the Public Hearing on the consideration of the "School Facilities Needs Analysis" Report. Passed with a motion by Mr. Gary Baugh and a second by Mrs. Susan Smith. Motion Passed: With no public speakers, there was a call to close the Public Hearing. Passed with a motion by Mr. Gary Baugh and a second by Mrs. Susan Smith. To impose alternative school facilities fees ("ASF Fees"), also known as Level II Fees and Level III Fees, a school district must meet specified statutory requirements set forth in Government Code Sections , , and , and Education Code Section ASF Fees apply to new residential construction within the school district and are an alternative to the Level I Fee authorized by the State Allocation Board ("SAB"). The Level II Fee is intended to represent 50% of a district's school facilities costs, and applies when the SAB is apportioning State Funding. The Level III Fee is intended to represent 100% of a district's school facility costs and may be imposed under circumstances when the SAB is no longer apportioning State Funding. President Johnson called for a motion to open the Public Hearing. Pursuant to Government Code Section (c), the District provided notice of preparation and offered to meet with the local planning agencies of cities and county, as well as the Office of Statewide Health Planning and Development, with land use jurisdiction within the District's boundaries ("Local Agencies"). The 2017 SFNA has been on file and available for public review at the District's offices for a period of 30 days prior to the Public Hearing. The 2017 SFNA was provided to the Local Agencies for review and comment during the 30 day public review period. The Board is required to respond to written comments, if any, received during that period, as well as any received during the Public Hearing. Notice of the time and place of the Public Hearing, including the location and procedure for viewing a copy of the 2017 SFNA, was posted in the District's offices and published in a newspaper of general circulation within the District's jurisdiction not less than 30 days prior to the Public Hearing. A copy of the 2017 SFNA was mailed not less than 30 days prior to the Public Hearing to any person who made a written request at least 45 days prior to the Public Hearing. Page 8

9 A Public Hearing will be conducted to review and consider adoption of a report entitled "School Facilities Needs Analysis," prepared as of June 16, 2017 (2017 SFNA), to consider and respond to all comments received by the Moreno Valley Unified School District related thereto, and to adopt alternative school fees. F.2. Resolution No of the Board of Education of the Moreno Valley Unified School District Approving a School Facilities Needs Analysis, Adopting Alternative School Facility Fees in Compliance with Government Code Sections , AND , Adopting Responses to Public Comments Received and Making Related Findings and Determinations Motion Passed: Approve the 2017 School Facilities Needs Analysis (SFNA) and adopt Resolution No approving the Alternative School Facilities Fees as justified by the 2017 SFNA, as presented. Passed with a motion by Mr. Evan Morgan and a second by Mr. Gary Baugh. To impose alternative school facilities fees ("ASF Fees"), also known as Level II Fees and Level III Fees, a school district must meet specified statutory requirements set forth in Government Code Sections , , and , and Education Code Section ASF Fees apply to new residential construction within the school district and are an alternative to the Level I Fee authorized by the State Allocation Board ("SAB"). The Level II Fee is intended to represent 50% of a district's school facilities costs, and applies when the SAB is apportioning State Funding. The Level III Fee is intended to represent 100% of a district's school facility costs and may be imposed under circumstances when the SAB is no longer apportioning State Funding. In order to impose ASF Fees, the District must prepare and adopt a school facilities needs analysis ("SFNA") as required by Government Code Section (b). Special District Financing & Administration has prepared the 2017 SFNA for the Board's consideration and adoption. In compliance with Government Code Section (a), the 2017 SFNA includes projections of the number of unhoused pupils generated by various types of new residential units in each category of pupils enrolled in the District. This projection is based on the historical generation rates of new residential units constructed during the previous 5 years that are of a similar type of units to those anticipated to be constructed either in the District or the cities or county in which the District is located, and relevant planning agency information, such as multi-phased development projects, that may modify the historical figures. The 2017 SFNA contains an updated calculation of existing school building capacity pursuant to Education Code Section In the 2016 SFNA, adopted on July 19, 2016, the Level II Fee amounts were calculated at $4.48 per square foot of assessable space for new residential construction within the District. As set forth in the 2016 SFNA, the Level III Fee amount was calculated as $8.96 per square foot of assessable space for new residential construction within the District. Page 9

10 In the 2017 SFNA, the Level II Fee amount was calculated at $4.50 per square foot of assessable space for new residential construction within the District. As set forth in the 2017 SFNA, the Level III Fee amount was calculated at $9.00 per square foot of assessable space for new residential construction within the District. Chief Business Official, Tina Daigneault, explained that the SFNA quantifies the impacts of new residential development on the school district facilities and calculates the allowable Level II and III fees, using a statutorily prescribed methodology. Legal Counsel from Bowie Arneson Wiles and Giannone and consultants from Special District Financing were on hand to answer questions from the Board. Mrs. Daigneault stated the report was prepared by Special District Financing and Administration. Staff provided notice and offered to meet with local planning agencies of cities and county and Office of Statewide Health Planning. The report has been on file and available for public review at the public library, the reception desk at the district office and the facilities office for the 30 day public review period. The District received one written comment and responded; the Board received a copy of the response in the weekly memo from the Superintendent. In addition, the District received a communication from the Building Industry Association (BIA) thanking us for the timely information and notification that they would not contest the SFNA. After approval of 2017 SFNA and adoption by resolution of the ASF Fees justified by the 2017 SFNA, the Board will give notice to all Local Agencies. G. CONSENT AGENDA Motion Passed: Approve the Consent Agenda as amended, pulling Item G.4.a.1. for a separate vote and pulling Item G.4.b.3 from consideration. Passed with a motion by Mr. Jesus Holguin and a second by Mrs. Susan Smith. G.1. SUPERINTENDENT CONSENT ITEMS G.1.a. Minutes of the Regular Meeting of the Board of Education of May 23, 2017 G.1.b. Minutes of the Special Meeting of the Board of Education of June 27, 2017 G.2. EDUCATIONAL SERVICES CONSENT ITEMS G.2.a. Conference Attendance G.2.b. Approved Overnight Field Trips G.2.c. Amended Extra Pay for Extra Duty Page 10

11 G.2.d. Ratified Overnight Field Trips G.3. BUSINESS SERVICES CONSENT ITEMS G.3.a. Purchase Order List No. 1 G.3.b. Contractual Agreements G.3.c. Acceptance of Donations G.3.d. Declaration of Surplus Property G.3.e. Authorization to Piggyback from Fontana Unified School District's Bid No. 15/ for the Purchase of Mainline Fresh Produce/Harvest of the Month with Sunrise Produce G.3.f. Authorization to Piggyback from the San Gabriel Cooperative Purchasing Group's RFP No D-001 for the Purchase of Fresh Dairy Items with Driftwood Dairy G.3.g. Authorization to Piggyback from Claremont Unified School District's Bid No. 01(17-18)-FN for the Purchase of Snack Food and Beverages with A&R and Gold Star Foods G.3.h. Authorization to Piggyback from Rialto Unified School District's Bid No. RIANS for the Purchase of Paper Supplies G.3.i. Award of Bid No Central Registration Renovations Re-bid G.3.j. Notice of Completion for Bid No Moreno Valley High School G.3.k. Renewal of Bid No District-wide Print Management Services G.3.l. Renewal of Bid No District-wide Security Services G.3.m. Renewal of Bid No White Copy Paper G.4. HUMAN RESOURCES CONSENT ITEMS G.4.a. Managerial Personnel Report Item G.4.a. Pulled from the Consent Agenda for a separate vote: APPROVE MANAGERIAL PERSONNEL EMPLOYMENT/APPOINTMENT FOR THE SCHOOL YEAR Wagner, Kenneth; Director III, Secondary Education G.4.b. Certificated Personnel Report Page 11

12 H. ACTION ITEMS Item G.4.b.3. pulled from the Consent Agenda: APPROVE CERTIFICATED PERSONNEL UNPAID LEAVE OF ABSENCE FOR THE SCHOOL YEAR Gutierrez, Yxstian; Teacher/Chap Hills G.4.c. Classified Personnel Report H.1. Superintendent Action Items H.1.a. Approve Safe School Plans Motion Passed: Approve the Safe School Plans, as presented. Passed with a motion by Mr. Gary Baugh and a second by Mr. Evan Morgan. Consistent with Education Code Sections and , the Safe School Plans are being submitted for annual approval. The School Site Councils review the plans to make sure they address the needs of the students within each school and consider the following two components pursuant to Education Code : Assessing the current status of school crime committed on school campus and during school related functions. Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school's procedures for complying with existing laws related to school safety. An overview of the Safe School Plans has been provided by Director of Safety and Security, Darryl Scott H.2. Educational Services Action Items H.2.a. Student Discipline Cases Motion Passed: Approve actions on Student Disciplinary Cases as presented. Passed with a motion by Mr. Gary Baugh and a second by Mrs. Susan Smith. Page 12

13 H.2.b. Approve Consolidated Application for Funding Categorical Programs Motion Passed: Approve the Consolidated Application for Funding Categorical programs. Passed with a motion by Mr. Jesus Holguin and a second by Mrs. Susan Smith. H.2.c. Approval of Head Start Grant Application with COLA Increase Motion Passed: Approve the submission of the Head Start Grant Application for COLA Increase. Passed with a motion by Mr. Gary Baugh and a second by Mr. Jesus Holguin. Public Law , the Consolidated Appropriations Act, provides a one percent cost of living increase (COLA) to Head Start Grantees. Moreno Valley Unified School District Head Start is eligible to receive these funds and request approval to submit this application for supplemental funding. H.3. Business Services Action Items H.3.a. Resolution No Board Member Absence - Cleveland Johnson Motion Passed: Approve Resolution No as presented. Passed with a motion by Mr. Jesus Holguin and a second by Mr. Gary Baugh. Abstain Mr. Cleveland Johnson Board Bylaw 9250 provides that Board Members receive payment by resolution for absence due to illness, district related business, jury duty, or if the absence was due to a hardship deemed acceptable by the Board. On June 13, 2017, Board Member Cleveland Johnson was absent from the Regular Board Meeting due to illness. Resolution No authorizes the District to pay Mr. Johnson for his absence. H.3.b. Second Reading - Ordinance No of Community Facilities District No of the Moreno Valley Unified School District Authorizing the Levy of a Special Tax within Community Facilities District No Page 13

14 Motion Passed: Ordinance No be presented by reading of the title only and that the clerk forego the reading of the entire Ordinance. Passed with a motion by Mr. Evan Morgan and a second by Mr. Gary Baugh. Motion Passed: Approve Ordinance No , as presented. Passed with a motion by Mr. Jesus Holguin and a second by Mr. Evan Morgan. NOTE: For this Agenda Item, the Board of Education shall be acting as the Legislative Body of Community Facilities District No of the Moreno Valley Unified School District In accordance with the requirements of the Mello-Roos Community Facilities Act of 1982, as amended ("Act"), the Board of Education ("Board") of the Moreno Valley Unified School District ("School District") previously formed Community Facilities District No of the Moreno Valley Unified School District ("CFD No "). Pursuant to the requirements of the Act, following the adoption of authorization resolutions and the conducting of a special tax election (which was completed on June 13, 2017), in order to levy a special tax on territory within CFD No , the legislative body of the public agency forming CFD No must adopt an ordinance authorizing the levy of the special tax. Under the provisions of the Act, the Board, acting as the Legislative Body of CFD No , is granted the same authority to adopt ordinances for this purpose as are held by California cities. The ordinance procedure prescribed by law requires a two-step (first reading/second reading) process before the ordinance may be adopted. The "first reading" of Ordinance No was conducted on June 27, This item is to conduct the "second reading" of Ordinance No As part of conducting this second reading the Board may, by motion passed by the Board, have only the title of the Ordinance read and then having the Ordinance made available for any member of the public who desires to review it. If such a motion is not passed, then Ordinance No must be read in its entirety. In order to levy the authorized special taxes of CFD No , a special tax ordinance must be adopted pursuant to the provisions of the Act and related State law. Following the "second reading" of the Ordinance (by title only if so moved), Ordinance No may be adopted by the Board. Board Clerk, Susan Smith read the title of Ordinance No as follows: "Ordinance of Community Facilities District No of the Moreno Valley Page 14

15 Unified School District Authorizing the levy of a special Tax Within Community Facilities district No " The matter related to CFD No was completed. The Board will no longer act as the Legislative Body of CFD No for the remaining items on the agenda. H.3.c. Adopt Resolution No Education Protection Account (EPA) for Fiscal Year General Fund Motion Passed: Approve Resolution No , which includes added language due to the passage of Proposition 55 in November This resolution will replace Resolution No approved by the Board May 23, Passed with a motion by Mr. Jesus Holguin and a second by Mrs. Susan Smith. On November 6, 2012, California voters approved Proposition 30, which added the provisions of Article XIII, Section 36, to the California Constitution effective November 7, On November 8, 2016, California voters approved Proposition 55, which added provisions to Article XIII, Section 36, to the California Constitution effective January 1, The provisions of Article XIII, Section 36(e) create in the State General Fund an Education Protection Account (EPA) to receive and disburse the revenues derived from the incremental increases in taxes imposed by Article XIII, Section 36(f). Before June 30th of each year, the Chief Business Official shall estimate the total amount of additional revenues, less refunds that will be derived from the incremental increases in taxes made pursuant to Article XIII, Section 36(f), that will be available for transfer into the Education Protection Account during the next fiscal year. The funds from the EPA are not new funds for the District; rather they are LCFF funds that the District was and always has been entitled to. The State has merely imposed a new reporting requirement for these funds. The EPA funds that are generated from the passage of proposition 30 will now be used to offset the District's regular LCFF from the California Department of Education. The use of these funds helps with the State's cash flow problems but, again, does not generate new funding for districts. The monies received from the EPA shall be spent as required by Article XIII, Section 36, and the spending determination on how the money will be spent shall be made in open session of a public meeting of the governing board of the Moreno Valley Unified School District. H.3.d. Adopt Resolution No Education Protection Account (EPA) for Fiscal Year Charter School Motion Passed: Approve Resolution No , which includes added Page 15

16 language due to the passage of Proposition 55 in November This resolution will replace Resolution No approved by the Board May 23, Passed with a motion by Mr. Jesus Holguin and a second by Mr. Gary Baugh. On November 6, 2012, California voters approved Proposition 30, which added the provisions of Article XIII, Section 36, to the California Constitution effective November 7, On November 8, 2016, California voters approved Proposition 55, which added provisions to Article XIII, Section 36, to the California Constitution effective January 1, The provisions of Article XIII, Section 36(e) create in the State General Fund an Education Protection Account (EPA) to receive and disburse the revenues derived from the incremental increases in taxes imposed by Article XIII, Section 36(f). Before June 30th of each year, the Chief Business Official shall estimate the total amount of additional revenues, less refunds that will be derived from the incremental increases in taxes made pursuant to Article XIII, Section 36(f), that will be available for transfer into the Education Protection Account during the next fiscal year. The funds from the EPA are not new funds for the District; rather they are LCFF funds that the District was and always has been entitled to. The State has merely imposed a new reporting requirement for these funds. The EPA funds that are generated from the passage of proposition 30 will now be used to offset the District's regular LCFF from the California Department of Education. The use of these funds helps with the State's cash flow problems but, again, does not generate new funding for districts. The monies received from the EPA shall be spent as required by Article XIII, Section 36, and the spending determination on how the money will be spent shall be made in open session of a public meeting of the governing board of the Moreno Valley Unified School District. H.4. Human Resources Action Items H.4.a. Approve Traditional School Year Calendars - Head Start/State Preschool Motion Passed: Approve the Traditional School Year Calendars for the Head Start/State Preschool programs, as presented. Passed with a motion by Mr. Jesus Holguin and a second by Mr. Evan Morgan. Page 16

17 The Traditional School Year Calendars for Head Start/Preschool are being presented to the Board of Education for adoption. The calendars were previously approved at the September 27, 2016, Board meeting but had to be revised to reflect changes in the assessment timelines set forth by the Riverside County Office of Education. The changes will align teacher preparation and staff development days to better support teachers in their work. I. DISCUSSION/ACTION ITEMS I.1. Superintendent Discussion/Action Items I.1.a. First Reading: Board Bylaw Board Member Electronic Communications New Bylaw to reflect NEW COURT DECISION (City of San Jose v. Superior Court) which held that using a personal account or device to send or receive communications regarding public business does not categorically exclude those records from disclosure in response to a request under the California Public Records Act and that public agencies are obliged to disclose applicable records that they can locate with reasonable effort. There was extensive discussion on this item by the Superintendent and Board members, noting that this issue has been prominent in dialogue around the state, including implications for individual Board members and how searches for such communications will need to be "reasonable" in scope. There was no vote on this item. It is the First Reading only. I.1.b. First Reading Board Policy 2121: Superintendent's Contract Policy is being updated to reflect NEW LAW (SB 1436, 2016) which requires the board, prior to taking final action on the superintendent's salary or benefits, to orally report a summary of the recommended action during open session of a board meeting. Updated policy also clarifies that deliberations regarding the superintendent's salary or other compensation cannot be held during a special meeting of the board. Superintendent Kedziora explained that the District is already in compliance in their practices, but this will update the Board Policy in place. There was no vote on this item; it is the First Reading only. I.1.c. First Reading Board Policy 1340: Access to District Records Policy is being updated to reflect NEW COURT DECISION (City of San Jose v. Superior Court) which held that using a personal account or device to send or receive communications regarding public business does not categorically exclude those records from disclosure in response to a request under the California Public Page 17

18 Records Act and that public agencies are obliged to disclose applicable records that they can locate with reasonable effort. Superintendent explained that this is the same Court Case that affected the Board Bylaw regarding searches on personal devices used for public business. There was no vote on this item. It is the First Reading only. I.2. Educational Services Discussion/Action Items I.2.a. Approve and Adopt Board Policy 6173 Education for Homeless Children and Administrative Regulation 6173 Education for Homeless Children Motion Passed: Approve and adopt Board Policy and Administrative Regulation Education for Homeless Children, as presented. Passed with a motion by Mr. Gary Baugh and a second by Mr. Evan Morgan. Board Policy 6173 Education for Homeless Children and Administrative Regulation 6173 Education For Homeless Children was submitted for First Reading, review and discussion during the June 13, 2017 Regular Meeting of the Board of Education. Staff is submitting for approval and adoption. There was extensive discussion on the definition of homeless and the high number of homeless students in the District, and the efforts the District makes to serve these students. J. COMMENTS FROM BOARD MEMBERS AND SUPERINTENDENT EVAN MORGAN Mr. Morgan commented on the live streaming of the meeting on Moreno Valley Matters on Facebook. He stated there didn't seem to be much interest, as he checked it and was the only one watching. But he did state he believes it should be available for live streaming, and further noted that this type of technological transparency will emphasize acting with integrity. He acknowledged the public demand for transparency and the reality that communication on all electronic devices, including personal devices, is subject to Public Records requests. He stated since he has been on the Board he believes there is transparency, noting that while we like to highlight the positives, we are aware and working twice as hard on negatives. Directing his comments to those speakers who call for transparency and openness, he encouraged them to talk to Board members and District officials outside of Public Comments, as well, to ask their questions and request information. He commented that we are proud of what we are trying to accomplish. We have goals and a plan to get there. JESUS HOLGUIN Mr. Holguin stated that the District is right on target regarding transparency. We want to be and have to be transparent with the public. In speaking about Measure M, he referred to the 63% Page 18

19 approval that was the vote of the people, but also stated it is important to always be mindful and transparent when it comes to taxpayer money. With Measure M, the District must maintain records as required. For the community's knowledge, he explained that the District is continually audited; by the Citizen's Oversight Committee, the County and other agencies, and further stated this district is very mindful of taxpayer money and using funds to continually increase education for students. Another important thing to remember is that the school finance system is one of the most complicated systems including a lot of regulations to follow, and statistics to calculate and report. There is oversight at the County, State, and Federal levels. We need to continue to communicate to the public that our actions and expenditures are meant to improve educational services for students. Mr. Holguin spoke about some of the events he recently attended. He praised the CALSA Conference, noting the presentations for superintendents and aspiring superintendents. He said it was good to listen to conversations of other superintendents to know learn what is happening in other districts. There was valuable information shared, including hearing directly from an attorney regarding communications on personal electronic devices. Mr. Holguin commended the large Moreno Valley team that attended the California League of Schools STEAM Camp to listen to speakers on STEAM topics and hands-on activities, to share strategies, and more. He commented it was a very active conference, especially considering that it was held in the middle of summer on a Sunday morning. He commented it says a lot about our educators and their commitment to learn, share ideas, and come back to put ideas in practice. They were excited about what they learned. He thanked District administration for allowing staff to attend to this conference. He also commended Dr. Kedziora on his election as Chairman of the California League of Schools. Mr. Holguin also spoke about the Summer Institute on Educational Justice where Dr. Kedziora was selected to serve on the panel along with other superintendents. Topics included how to attract parents to engage. Mr. Holguin stated that Dr. Kedziora did an excellent job relating the positive things going on in this district, adding this was another opportunity for Moreno Valley Unified to shine. Finally, Mr. Holguin spoke about an upcoming event for which only ten districts in state were selected to discuss Local Control Accountability Plan (LCAP), and Moreno Valley Unified is one of them. SUSAN SMITH Mrs. Smith was pleased to participate in the 4th of July parade and offered her thanks to City for the opportunity. She is glad our city celebrated on the actual 4th of July date and she said it was a fun time. She also gave a shout out to Riverside Chevrolet for providing cars and drivers for the Board members. Mrs. Smith said it was great to see the Nutrition Services Lunch in the Park program and how well it serves our students and families. She was concerned when she learned that teachers don't have control over the temperature in classroom, stating they need that control, and she would like to see that all teachers all have that ability. Regarding the STEAM pathway including North Ridge, Palm and Valley View, she acknowledged that not everyone can attend there, so we need to make sure that all students have equal access to STEAM activities and technology, including Special Education students. Page 19

20 Mrs. Smith commented that she is still in shock at the number of "homeless" in the community. Even understanding the definition, it indicates a great area of need. Responding to the public comments, Mrs. Smith thanked Chief Academic Officer Maribel Mattox for going out to parents to follow up on stated concerns, and thanked both Dr. Kedziora and Mrs. Mattox, for making parents feel that their concerns are being addressed. GARY BAUGH Mr. Baugh stated he would like to see live streaming of the meetings, but added it must occur in a professional manner, not just from a cell phone. He then noted that the gentleman who was recording the meeting for the live streaming on Facebook left before the meeting was over, as well as all those who had stated concerns during Public Comments. He reminded people that this is a business meeting of the Board that is conducted in public. He commented that some of the behavior troubles him, including the "fake news" from only their point of view, and audience clapping in agreement. He stated that we make sure that we are transparent and provide complete information on our actions. Regarding Measure M, he stated that it passed years ago by 63% of the population, and we have accounted for every dollar, and the perpetuated fake news that we have not done so is bothersome to endure. Mr. Baugh also stated his support for prioritizing student recognitions during Board meetings, because that is the reason we are here. He was not pleased by the suggestion that we should reorganize the meetings to delay or limit the recognitions to allow for earlier Public Comments from the audience. He reiterated that we are honest and we do not hide, and he does not like the fake news coming from the speakers' podium. CLEVELAND JOHNSON Mr. Johnson thanked Gary Baugh for expressing his concerns. He thanked one of the speakers for remaining for the entire meeting, and for acknowledging that which is done well, as well as asking for more on behalf of students. He said he doesn't usually identify an individual speaker, but appreciated the way the community member spoke to Board, adding that a school district will never finish its work. Mr. Johnson also spoke about the importance of the Summer School graduation, for the students who fought and made the extra effort to graduate. He invited the public to join us for this summer graduation, to cheer these students on, just as you would at an athletic event. He stated those students will be just as happy as students at traditional graduations, as well as the teachers who worked with them to get them there. Mr. Johnson recounted a story about Dr. Kedziora and his passionate care for others. A student was looking for a job, reaching out to friends and trying to get advice on how to get hired, but was unable to find a job. The student decided to approach the Superintendent, and Dr. Kedziora hired him on the spot to participate in the ASTERISK Summer Intern program, even though the process was completed and the program was full; he had it in his heart to find a way and serve the student. Mr. Johnson closed with a quote, "Every 60 seconds you spend upset is a minute of happiness you'll never get back." DR. MARTINREX KEDZIORA Dr. Kedziora continued the story of the ASTERISK student, sharing that student is working with Darryl Scott in the Safety and Security department, because he was willing to take him on, making a spot for him. He commented that he has met many of the 185 student interns, and they Page 20

21 will be ready to get a job once they have gone through this program. It is a very successful program. He reassured Board Member Smith that the District takes STEAM seriously, saying we believe it's like air conditioning or heat - every school and every student should have it. He referred to the level of commitment indicated by more than 100 teachers who attended the STEAM conference. Dr. Kedziora announced that we are ready to provide live streaming of Board Meetings. It is something that has recently been discussed with Chris Weddle in the Public Information Office, and we're glad to know it is supported by the Board. Board members made some comments of support for this option, noting the limitations of the current video system. Dr. Kedziora continued, acknowledging that the heightened attention to safety and communication is due to support of Board through the LCAP. He said the District takes seriously the charge from the public. He stated we understand the need to be better communicators, communicate through more medium, and give people more opportunities. Dr. Kedziora spoke about his commitment to the community and its students, relating how long he has lived here, over 25 years, even though he originally worked elsewhere. He said he is proud to live in this city and it is a wonderful place to live. He never imagined he would be the Superintendent, but was asked, during the UCR panel, to reflect on why he became one. He believes that for all 34,000 students, we all have to be a champion for each of them, and he enjoys being the Superintendent because he gets to champion their cause, and help them champion their city. K. ADJOURNMENT With no further business to come before the Board of Education, the meeting was adjourned at 9:55 p.m. Page 21

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