Magnolia Public Schools

Minutes

Regular Board Meeting

Date and Time

Thursday June 13, 2019 at 6:00 PM

Location

MSA-5 18230 Kittridge St. Reseda, CA 91335 Rm D1
Board Members who attended remotely participated from he following locations:
• MSA-6 3754 Dunn Dr. Los Angeles, CA 90034
• MSA-SA 2840 W. 1st., Santa Ana, CA 92703 (Mr. Shohrat Geldiyev)
• MSA-SD  6525 Estrella Ave. San Diego, CA 92120 (Dr. Salih Dikbas)
• 4701 Patrick Henry Dr. Bldg #25, Santa Clara, CA 95054 (Dr. Umit Yapanel)
• 1363 Ridgecrest Rd Pinole, CA 94564 (Mr. Serdar Orazov)
• 5113 Babette Ave. Los Angeles, CA 90066 (Ms. Diane Gonzalez)

Board Members:
Dr. Saken Sherkhanov, Chair
Mr. Haim Beliak, Vice-Chair
Dr. Umit Yapanel
Mr. Serdar Orazov
Dr. Salih Dikbas
Ms. Diane Gonzalez
Ms. Charlotte Brimmer
Ms. Sandra Covarrubias
Mr. Shohrat Geldiyev

CEO & Superintendent:
Mr. Alfredo Rubalcava

Directors Present

D. Gonzalez (remote), H. Beliak, S. Dikbas (remote), S. Geldiyev (remote), S. Sherkhanov

Directors Absent

C. Brimmer, S. Covarrubias, S. Orazov, U. Yapanel

I. Opening Items

A.

Call the Meeting to Order

S. Sherkhanov called a meeting of the board of directors of Magnolia Public Schools to order on Thursday Jun 13, 2019 at 7:05 PM.

B.

Record Attendance and Guests

C. Brimmer, MPS Board Member, joined this meeting as a community member and did not vote on any of the items. 

C.

Pledge of Allegiance

T. Velazquez, Communications and Charter Renewal Manager, led the Pledge of Allegiance.

D.

Approval of Agenda

S. Sherkhanov made a motion to approve the agenda as presented.
D. Gonzalez seconded the motion.
The board VOTED unanimously to approve the motion.

E.

Public Comments

G. Serce, MSA-San Diego Principal, shared a few highlights and achievements from his school site.

F.

Communications: Board/Superintendent

A. Rubalcava, MPS CEO and Superintendent, informed the Board about MPS graduations and end of year ceremonies.

G.

Approval of May 9, 2019 Regular Board Meeting Minutes

H. Beliak made a motion to approve minutes from the Regular Board Meeting on 05-09-19 Regular Board Meeting on 05-09-19.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.

H.

Approval of May 15, 2019 Special Board Meeting Minutes

H. Beliak made a motion to approve minutes from the Special Board Meeting on 05-15-19 Special Board Meeting on 05-15-19.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.

I.

Approval of June 3, 2019 AdHoc Committee Meeting Minutes

H. Beliak made a motion to approve minutes from the Ad-Hoc (Facility) Committee Meeting on 06-03-19 Ad-Hoc (Facility) Committee Meeting on 06-03-19.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.

II. Consent Item

A.

Approval of the MPS Dual and Concurrent Enrollment Policy

This item was approved under the Consent motion.
H. Beliak made a motion to approve the MPS Dual and Concurrent Enrollment Policy.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
D. Gonzalez
Aye
S. Sherkhanov
Aye
S. Dikbas
Aye
S. Geldiyev
Aye
S. Orazov
Absent
H. Beliak
Aye
S. Covarrubias
Absent
U. Yapanel
Absent
C. Brimmer
Absent

B.

Approval of the English Learner (EL) Master Plan

This item was approved under the Consent motion.
H. Beliak made a motion to approve the EL Master Plan for the 2019-2020 school year.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Covarrubias
Absent
U. Yapanel
Absent
S. Sherkhanov
Aye
H. Beliak
Aye
C. Brimmer
Absent
S. Geldiyev
Aye
D. Gonzalez
Aye
S. Orazov
Absent
S. Dikbas
Aye

C.

Approval 2019-20 MPS Student/Parent Handbook

H. Beliak made a motion to approve the 2019-20 Student/Parent Handbook under consent.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Geldiyev
Aye
S. Sherkhanov
Aye
S. Orazov
Absent
S. Covarrubias
Absent
U. Yapanel
Absent
D. Gonzalez
Aye
C. Brimmer
Absent
S. Dikbas
Aye
H. Beliak
Aye

D.

Approval of 2019-20 MPS Fiscal Policy and Procedures Manual

This item was approved under the Consent motion.
H. Beliak made a motion to approve the attached fiscal policies for Magnolia Public Schools.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Sherkhanov
Aye
S. Dikbas
Aye
D. Gonzalez
Aye
H. Beliak
Aye
S. Orazov
Absent
U. Yapanel
Absent
S. Covarrubias
Absent
C. Brimmer
Absent
S. Geldiyev
Aye

E.

2019-20 Certification of Assurances, Protected Prayer Certification, Application for Funding

This item was approved under the Consent motion.
H. Beliak made a motion to approve the 2019-20 Certification of Assurances, 2019-20 Protected Prayer Certification, 2019-20 Application for Funding and General Assurances as presented.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Geldiyev
Aye
H. Beliak
Aye
S. Covarrubias
Absent
S. Dikbas
Aye
S. Sherkhanov
Aye
D. Gonzalez
Aye
C. Brimmer
Absent
S. Orazov
Absent
U. Yapanel
Absent

F.

Approval of 2019-20 EPA Spending Plans for all MPS

This item was approved under the Consent motion.
H. Beliak made a motion to approve the 2019-20 EPA Spending Plans for all MPS sites.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
H. Beliak
Aye
S. Dikbas
Aye
S. Orazov
Absent
U. Yapanel
Absent
C. Brimmer
Absent
S. Sherkhanov
Aye
S. Covarrubias
Absent
S. Geldiyev
Aye
D. Gonzalez
Aye

G.

Approval of Certification of Signatures

This item was approved under the Consent motion.
H. Beliak made a motion to approve the amended Certification of Signatures Form for Charter School Funds Distribution Authorization, signatures will be effective July 1, 2019, through June 30, 2020. Signatories will include the CEO & Superintendent, CFO, COO, and MPS Board Members.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Orazov
Absent
S. Geldiyev
Aye
D. Gonzalez
Aye
S. Dikbas
Aye
S. Sherkhanov
Aye
H. Beliak
Aye
S. Covarrubias
Absent
C. Brimmer
Absent
U. Yapanel
Absent

III. Action Items

A.

Approval of Local Control and Accountability Plans (LCAP) for all MPS

D. Yilmaz, Chief Accountability Officer, went over the Local Control and Accountability Plans (LCAP) for all MPS. He explained that Principals worked on their LCAPS with home office staff including the finance team and stated that it had been a 2 month process. D. Yilmaz, explained what the LCAP reports include and that they will be submitted to authorizers once approved. 
S. Sherkhanov made a motion to approve the LCAPs for all MPS.
H. Beliak seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Covarrubias
Absent
C. Brimmer
Absent
S. Sherkhanov
Aye
S. Dikbas
Aye
S. Geldiyev
Aye
H. Beliak
Aye
U. Yapanel
Absent
S. Orazov
Absent
D. Gonzalez
Aye

B.

MPS 2019-20 Budget Including Master List of Contracts over $25,000 and Home Office Management Fees

S. Sherkhanov, MPS Board Chair and MPS Finance Committee Member, informed the Board that the budget had been reviewed and approved by the MPS Finance Committee and all schools had a positive budget. N. Montijo, MPS CFO, explained to the Board the approval that was being requested in addition to the budget, was the approval of the ongoing contracts over $25,000 and approval of the Home Office Management (HMO) Fee Structure. A. Rubalcava, MPS CEO, informed the Board of the slight change in the HMO fee since the time when it was approved by the MPS Finance Committee, which was to lower the HMO fee and allocate more money to the schools where the funds would be better served. Board Members had several questions regarding this adjustment which staff was able to address along with all other questions. 
H. Beliak made a motion to (1) Adopt the 2019-20 Budget as reviewed and recommended for approval by the MPS Finance Committee; (2) Approve all vendors and ongoing contracts over $25,000 for fiscal year 2019-20 as listed on the attached document; (3) Approve the Home Office Management Fee Structure for FY 2019-20.
D. Gonzalez seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Sherkhanov
Aye
S. Geldiyev
Aye
S. Orazov
Absent
S. Dikbas
Aye
C. Brimmer
Absent
D. Gonzalez
Aye
U. Yapanel
Absent
S. Covarrubias
Absent
H. Beliak
Aye

C.

Approval of the Winning Bid for the Human Capital Management System (HCMS)

S. Acar, MPS Chief Operations Officer, explained this item to the Board. He informed them that this item was previously presented to the MPS Stakeholder Committee as an information item with no request for approval as the RFP was still an ongoing process. S. Sherkhanov, MPS Board Chair, told staff that Board Members wanted to discuss and review this item further, therefore, they were postponing the approval until the July board meeting or a special board meeting if needed. 
S. Sherkhanov made a motion to table this item to a special or regular board meeting.
H. Beliak seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Covarrubias
Absent
S. Geldiyev
Aye
D. Gonzalez
Aye
H. Beliak
Aye
U. Yapanel
Absent
S. Sherkhanov
Aye
C. Brimmer
Absent
S. Orazov
Absent
S. Dikbas
Aye

D.

Approval of Home Office Staff Salary Bands Revision

S. Acar, Chief Operations Officer, informed the Board that this presented salary band was discussed with the MPS Finance Committee before taking it to the Board. He stated that it had been previously approved by the board in 2015 but there have been many changes since then. This band structure does not assign salaries to anyone, it instead gives a salary band that will be referred to, to create salary amounts. In addition, an evaluation tool will be created as part two if this salary band which will reflect MPS organization goals.  
S. Sherkhanov made a motion to approve the revised salary band for Home Office Positions.
H. Beliak seconded the motion.
The board VOTED to approve the motion.
Roll Call
S. Sherkhanov
Aye
S. Orazov
Absent
H. Beliak
Aye
S. Covarrubias
Absent
U. Yapanel
Absent
S. Geldiyev
No
S. Dikbas
Aye
C. Brimmer
Absent
D. Gonzalez
Aye

E.

Approval of Charter Renewals Board Resolutions for MSA Bell and MSA San Diego

A. Rubalcava, MPS CEO and Superintendent, explained the timeline for charter petitions for renewals. He briefly went over the school's test scores and how the positive results will help the renewal go smoothly.
H. Beliak made a motion to approve the board resolutions that authorize the filing of the Charter Renewal Petitions with the Los Angeles Unified School District for Magnolia Science Academy Bell and the San Diego Unified School District for Magnolia Science Academy San Diego and give authority to Alfredo Rubalcava, CEO and Superintendent to serve as the Lead Petitioner.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
C. Brimmer
Absent
U. Yapanel
Absent
S. Covarrubias
Absent
D. Gonzalez
Aye
S. Orazov
Absent
S. Geldiyev
Aye
S. Dikbas
Aye
H. Beliak
Aye
S. Sherkhanov
Aye

F.

Approval of 2019-20 MPS Board Committee Meeting Calendars and Committee Composition

Staff stated that the only changes to the committees were the addition of alternate members to the Finance and Academic Committees. S. Sherkhanov, directed staff and the MPS Governance/Nominating Committee to search for new board members with a diverse background. 
H. Beliak made a motion to approve the addition of alternate committee members to the Academic Committee (i.e. Serdar Orazov) and to the Finance Committee (i.e. Diane Gonzalez) and the continuation of committee chairs as stated below and approval of the 2019-20 MPS Committee Meeting Calendar. Academic Committee Chair; Dr. Saken Sherkhanov Finance Committee Chair; Mr. Serdar Orazov Facilities/Audit Committee; Ms. Charlotte Brimmer Stakeholder Engagement; Ms. Sandra Covarrubias Governance/Nominating; Dr. Umit Yapanel.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Dikbas
Aye
C. Brimmer
Absent
S. Orazov
Absent
S. Covarrubias
Absent
S. Geldiyev
Aye
S. Sherkhanov
Aye
H. Beliak
Aye
D. Gonzalez
Aye
U. Yapanel
Absent

G.

Approval of 2019-20 MPS Board Meeting Calendars and Appointment of Board Officers

H. Beliak, MPS Board Member, stated his concern about committees being more diversified and having more members to be able to address the issues that come up. S. Sherkhanov, MPS Board Chair, wants the Board Retreat date to be reviewed in the July Board Meeting. 
H. Beliak made a motion to reappoint Dr. Saken Sherkhanov to serve as the MPS Board Chair, Mr. Haim Beliak as the MPS Vice-Chair, and Ms. Barbara Torres as the MPS Board Secretary for the 2019-20 school year and to approve the 2019-20 Board Meeting Calendar.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Orazov
Absent
D. Gonzalez
Aye
S. Sherkhanov
Aye
U. Yapanel
Absent
S. Covarrubias
Absent
C. Brimmer
Absent
H. Beliak
Aye
S. Dikbas
Aye
S. Geldiyev
Aye

H.

Approval of Winning Bids for Special Education and Related Services

E. Acar, MPS Chief Academic Officer, presented the RFP and evaluation process for special education and related services. He stated the need for MPS to contract these services based on the school population needs and he went over the budget implications. A. Rubalcava, MPS CEO & Superintendent informed the Board that many staff members from the schools' SPED departments were involved in reviewing the needs of this population and what priorities should be asked from the vendors. S. Daniel, MSA 3 Principal, gave her input on the services that the recommended vendor currently provided and how the services supplement the schools. A. Callaham, MPS Director of Student Services, added additional input on the SPED services provided by Edlogical and went over the budget implications. All questions were addressed. 
H. Beliak made a motion to approve that MPS staff be directed to negotiate and Special Education and Related Services agreements with Edlogical Groups Corp and eLuma online therapy services.
S. Geldiyev seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Sherkhanov
Aye
H. Beliak
Aye
D. Gonzalez
Aye
C. Brimmer
Absent
S. Orazov
Absent
S. Covarrubias
Absent
S. Geldiyev
Aye
S. Dikbas
Aye
U. Yapanel
Absent

I.

YMCA Agreement With MSA San Diego

G. Serce, MSA- San Diego Principal, presented this item to the Board and reminded the Board about the previous discussion regarding this vendor agreement. He stated that as of now there was no contract to approve but the vendor had provided rates and estimated costs. The Board had no questions on this item. 
H. Beliak made a motion to grant approval to Mr. Rubalcava, CEO and Superintendent of MPS to sign the MOA for MSA-SD Afterschool ASES Program with YMCA of San Diego County (YMCA) and the MOA with SDCOE and approve the addition of ASES budget in FY 2019-20 based on attached document from SDCOE.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Geldiyev
Aye
S. Dikbas
Aye
D. Gonzalez
Aye
C. Brimmer
Absent
S. Sherkhanov
Aye
H. Beliak
Aye
S. Covarrubias
Absent
U. Yapanel
Absent
S. Orazov
Absent

J.

MPS Intra-Organizational Loan Repayment Plan

N. Montijo, MPS Chief Financial Officer, presented the intra-organizational loan repayment plan to the Board. She went over the previous repayment schedules and stated that some schools had defaulted in their repayment schedule and for that reason staff was recommending a revised repayment schedule. 
H. Beliak made a motion to approve the revised payment schedule plan for all MPS Intra-Organizational loans.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Orazov
Absent
U. Yapanel
Absent
S. Dikbas
Aye
S. Covarrubias
Absent
S. Geldiyev
Aye
C. Brimmer
Absent
S. Sherkhanov
Aye
D. Gonzalez
Aye
H. Beliak
Aye

IV. Information/Discussion Items

A.

Oversight Authorizer Reports & Update on LAUSD Actions,Plans,Steps & Timeline for Fiscal Benchmarks

This item was tabled until the next board meeting.

B.

Academic Update

This item was tabled until the next board meeting.

C.

Enrollment Update

This item was tabled until the next board meeting.

D.

2018-19 Larson Communications End of Year Report

This item was tabled until the next board meeting.

E.

Financial Update- April 2019

This item was tabled until the next board meeting.

F.

Facilities Updates

This item was tabled until the next board meeting.

V. Closed Session Items

A.

Public Announcement of Closed Session

S. Sherkhanov, MPS Board Chair, announced that they were going into closed session to discuss eight matters and public employment for the CEO and Superintendent.

B.

Conference with Legal Counsel- Potential Litigation- Eight Matters

The Board discussed these items in Closed Session. 

C.

Public Employment: Chief Executive Officer and Superintendent

The Board discussed this item in Closed Session. 

D.

Report Out From Closed Session

S. Sherkhanov, MPS Board Chair, reported out that all items in the Closed Session agenda were discussed but no actions were taken.

VI. Additional Action Items

A.

Approval of 2019-20 Employee Handbook

H. Beliak made a motion to approve the proposed 2019-20 MPS Employee Handbook as presented.
S. Sherkhanov seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
C. Brimmer
Absent
S. Geldiyev
Aye
S. Sherkhanov
Aye
S. Orazov
Absent
S. Covarrubias
Absent
U. Yapanel
Absent
D. Gonzalez
Aye
S. Dikbas
Aye
H. Beliak
Aye

B.

Approval of Comparable Compensation Data for Charter School CEO & Superintendent

S. Sherkhanov made a motion to approve the following: In connection with the Board’s review of the Magnolia Public Schools (“MPS”) CEO/Superintendent’s employment agreement, the Board must meet this due diligence requirement by reviewing and adopting a comparability study. This review is essential in order to protect MPS (as a corporation) and the Board from IRS sanctions for “excess benefit transactions” and to establish a rebuttable presumption that the executive’s compensation is reasonable. Thus, the Board must meet the criteria set out by the IRS for conducting this review prior to any of the above changes in employment occurring. This review must occur without the participation of any individuals who possesses a conflict of interest. Under the IRS regulations, any employees under the supervision of the CEO/Superintendent are automatically conflicted and must recuse themselves from any participation whatsoever in any aspect of this process. Accordingly, staff has produced a compensation comparability study for the Board’s review.
H. Beliak seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
D. Gonzalez
Aye
S. Covarrubias
Absent
H. Beliak
Aye
U. Yapanel
Absent
S. Orazov
Absent
S. Geldiyev
Aye
C. Brimmer
Absent
S. Sherkhanov
Aye
S. Dikbas
Aye

C.

Approval of Contract Extension of CEO & Superintendent through June 30, 2020

S. Sherkhanov, MPS Board Chair, made the following announcement: As to the next item regarding approval of the CEO/Superintendent’s employment contract, I am required by law to indicate, prior to any vote on the contract, that the CEO/Superintendent’s contract provides the following:
 The contract is a one (1) year (2019-2020) agreement which provides a base annual
salary of $220,000.
 Standard health benefits as are provided to certificated employees.
 Up to $500.00 per month as a vehicle allowance
I would also note that the annual salary is wholly in keeping with the compensation comparability study the Board has received.
S. Sherkhanov made a motion to approve the CEO & Superintendent contract as described above.
H. Beliak seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
S. Geldiyev
Aye
H. Beliak
Aye
C. Brimmer
Absent
D. Gonzalez
Aye
S. Covarrubias
Absent
S. Dikbas
Aye
S. Sherkhanov
Aye
U. Yapanel
Absent
S. Orazov
Absent

VII. Closing Items

A.

Adjourn Meeting

There being no further business to be transacted, and upon motion duly made, seconded and approved, the meeting was adjourned at 11:10 PM.

Respectfully Submitted,
S. Sherkhanov