El Camino Real Charter High School

Minutes

Board Meeting

Date and Time

Wednesday February 15, 2017 at 5:00 PM

Location

El Camino Real Charter High School's Anderson Hall, 5440 Valley Circle Blvd, Woodland Hills, CA 91367
BOARD MEETING

For board meeting materials, please see Donna Bennett in the school's main office, or contact her at (818) 595-7500 or do.bennett@ecrchs.net. Some board meeting materials are also posted in the school's website (http://ecrchs.net/ecr-board/).

INSTRUCTIONS FOR PRESENTATIONS TO THE BOARD BY PARENTS AND CITIZENS

El Camino Real Alliance (“ECRA”) welcomes your participation at ECRA’s Board meetings. The purpose of a public meeting of the Board of Directors (“Board”) is to conduct the affairs of ECRA in public. Your participation assures us of continuing community interest in our charter school. To assist you in the ease of speaking/ participating in our meetings, the following guidelines are provided:

1. Agendas are available to all audience members at the door to the meeting.
2. “Request to Speak” forms are available to all audience members who wish to speak on any agenda items or under the general category of “Oral Communications.” “Oral Communications” is set aside for members of the audience to raise issues that are not specifically on the agenda. However, due to public meeting laws, the Board can only listen to your issue, not respond or take action. These presentations are limited to three (3) minutes and total time allotted to non-agenda items will not exceed twenty-five (25) minutes. The Board may give direction to staff to respond to your concern or you may be offered the option of returning with a citizen-requested item.
3. You may also complete a “Request to Speak” form to address the Board on Agenda items. With regard to such agenda items, you may specify that agenda item on your “Request to Speak” form and you will be given an opportunity to speak for up to three (3) minutes before the item, and total time allocated to agenda items will not exceed six (6) minutes for a discussion item and nine (9) minutes per vote item.
4. When addressing the Board, speakers are requested to state their name and adhere to the time limits set forth.
5. Any public records relating to an agenda item for an open session of the Board which are distributed to all, or a majority of all, of the Board members shall be available for public inspection at 5440 Valley Circle Blvd., Woodland Hills, California, 91367.

Consent Agenda: All matters listed under the consent agenda are considered by the Board to be routine and will be approved/enacted by the Board in one motion in the form listed below.  Unless specifically requested by a Board member for further discussion or removed from the agenda, there will be no discussion of these items prior to the Board votes on them.  The Executive Director recommends approval of all consent agenda items.

In compliance with the Americans with Disabilities Act (ADA) and upon request, El Camino Real Alliance may furnish reasonable auxiliary aids and services to qualified individuals with disabilities. Requests for disability related modifications or accommodations shall be made 24 hours prior to the meeting to Donna Bennett, office assistant, in person or by calling (818) 595-7500.

Directors Present

Beatriz Chen, Diane Wynne, Jonathan Wasser, Julie Kornack, Scott Silverstein, Steve Cohen, Steven Kofahl

Directors Absent

Darin Ryburn, Robert Weinberg

Guests Present

Daniel Chang, David Hussey

I. Opening Items

A.

Record Attendance and Guests

B.

Call the Meeting to Order

Jonathan Wasser called a meeting of the board of directors of El Camino Real Charter High School to order on Wednesday Feb 15, 2017 at 5:05 PM.

C.

Pledge of Allegiance

D.

Public Comments

There were no public comments.

E.

Introduction of new Chief Compliance Officer

F.

Executive Director Update

Smarter Balance Assessment Consortium ("SBAC") standardized testing is taking place in April.  English, History and Math.  These departments are doing interim assessments, and they will analyze those assessments to better prepare for the SBAC testing.
Notice of Recognition received from Teamsters, Notice put up and communication with PERB as required.  3 units:  buildings and grounds; special education aides; security guards.
CBO who had accepted position previously has elected to stay where she was, so new CBO search has to be commenced as soon as possible, particularly given that Granada Hills is losing their CBO as of March 1st.  EdTec will assist in interim, and Walter Wallace will also be asked to help out.
 

G.

UTLA Update

Carlos Monroy, Jr. read a prepared report written by Jason Kinsella and David Valenzuela.  UTLA's bargaining team composed of 5 teacher volunteers and UTLA representative, has reached out to the Executive Director to meet at the bargaining table soon.  Once a tentative agreement is reached, all certificated employees will vote on the agreement and then, if approved, the agreement will be presented to the Board.
Last month, about 30 teachers as well as some students and community members participated in a city-wide action to promote tolerance, to support undocumented students and their families, and to express concern regarding Betsy DeVos' nomination as the new Secretary of Education.

H.

Student Council Update

Cassie Weinberg, Student Body President, and Melody Soo Hoo, SB Vice President, shared about Student Council events and upcoming activities, including Club Rush, Powder Puff football, Lip Sync performance, and Prom.  Mr. Wasser asked that a Student Council representative attend every event to talk about what is going on.  Ms. Kornack asked that for the next meeting, if they could talk about their experience in applying for colleges or otherwise preparing for the future and how that experience has been, whether they have felt supported or wanted more support.

I.

Overview of Career Technical Education (CTE) Program

Melissa Charters and Catherine Davis talk about California Career Technical Education ("CTE") Month, and offered highlights of what CTE offers to students of ECRCHS.  PowerPoint presentation given talking about what Career Technical Education is, theme for this year is preparing students for the 21st Century and beyond. Career Student Organizations are the student portion of CTE, there are 8 Career Student Organizations in California.  Ms. Charters demonstrated the Infant Simulation Program, a WiFi based doll that teaches children how to care for an infant.

II. Consent

A.

Review and Vote on January 18, 2017 Regular Board Meeting Minutes

Beatriz Chen had a question about Section IV.C., seems we're missing an item about having a traffic survey done.  With this revision, minutes approved.
Steve Cohen made a motion to approve minutes from the Board Meeting on 01-18-17 Board Meeting on 01-18-17.
Steven Kofahl seconded the motion.
The board VOTED unanimously to approve the motion.

B.

Review and Vote on January 24, 2017 Special Board Meeting Minutes

Steve Cohen made a motion to approve minutes from the Special Board Meeting on 01-24-17 Special Board Meeting on 01-24-17.
Steven Kofahl seconded the motion.
The board VOTED unanimously to approve the motion.

III. School Business

A.

Review and Vote on 2017-2018 School Calendar

Calendar was formed in response with how LAUSD formed their calendar.  Our calendar almost exactly aligns with LAUSD schools in the area, similar to other years.  Mr. Cohen asks about attendance on the Monday after Thanksgiving; Mr. Bennett responds that he has not heard about any issues.  Ms. Wynne asks about the 20 day gap between semesters; Mr. Bennett responds that there doesn't seem to be a way to resolve this.  We will have a surplus of 375 minutes of instruction, so we are well within compliance.
Mr. Silverstein asked about the story that a senator is trying to enact a law to have schools start at 8:30.  Mr. Bennett responds that this will cause a later end time, which will also have a domino effect on athletics and other after-school activities.
Julie Kornack made a motion to approve the 2017-2018 School Calendar.
Beatriz Chen seconded the motion.
The board VOTED unanimously to approve the motion.

B.

Discuss and Vote on Dates to Open up Board Elections

There are 3 Board positions coming up in June, 2 teacher representative and 1 parent representative; current terms end on June 30, 2017.  This year's election was highly unusual due to the terms of the MOU, caused us to be more rushed.  Want to discuss it earlier so that we are not rushed and people have a chance to apply and speak.  Mr. Wasser suggests that we hold elections by no later than the May Board meeting, because to wait later would result in elections being held after school is out.  Candidates would have a chance to speak at a Board meeting, most likely by April.  Mr. Cohen suggests having elections held a day or two after candidates get a chance to speak; to wait a month in between would result in people forgetting about the candidates.  Mr. Wasser suggests that candidates speak at a professional development day a few days before a Board meeting and then vote at the Board meeting.  Ms. Wynne says that teacher representative talks should be done on the PD day, and parent representative talks can be done during parent group meetings.  Applications can be put online in a week, and the date for the teacher rep. can be based on next available PD day.  March 1st will be opening date, March 31st will be closing date.  Teacher rep can speak on PD day; parent rep to be determined. May board meeting is on May 17th.  Voting can take place on May 10th and 11th.  Need to discuss how to best publicize the openings, particularly the parent group, such as on West Hills FB page, mom's groups, etc.  Mr. Cohen to help Fernando Delgado with marketing.
Steve Cohen made a motion to open 3 Board positions for applications on March 1st, close on March 31st, voting on May 10th and 11th, announce results on May 17th.
Diane Wynne seconded the motion.
The board VOTED unanimously to approve the motion.

C.

Discuss and Vote on Creating an Executive Director Review Committee

An ad hoc committee needs to be formed to review the Executive Director's performance.  Mr. Hussey's contract, as required under the MOU, ends at the end of this June, and his new contract would start July 1st.  Three (3) years is standard for a typical contract.  The committee would be responsible for reviewing Mr. Hussey's performance and making a recommendation to the Board about his performance.  Mr. Cohen asks about how Mr. Hussey was brought on, whether by the Board or by LAUSD, informed it was by the Board.  The final decision is by the Board, all LAUSD will ask for is an updated resume.  
Mr. Wasser, Mr. Cohen, Ms. Kornack, and Mr. Silverstein all agree to serve on the ad hoc committee.  Mr. Wasser to head the committee, with Mr. Silverstein to assist.  As an ad hoc committee, they can meet whenever and wherever they want.  There is no set guideline as to what criteria to use for the evaluation.  Mr. Hussey suggests that the decision be made by the April Board meeting, so it gives enough time to find another Executive Director if the decision is not to renew his contract.   
Scott Silverstein made a motion to form ad hoc committee to review Executive Director's performance.
Steve Cohen seconded the motion.
The board VOTED unanimously to approve the motion.

D.

Review Guidelines for Annual Submission of Form 700, Statement of Economic Interests

Form 700 is the same form that was done in previous years.  Deadline to file with LAUSD is April 3rd, would appreciate getting them a couple weeks before that date.  
The Conflict of Interest Bridge Policy requires certain categories of interests that must be disclosed.  Mr. Silverstein asks why a Form 700 is required annually, whether it's required by law or just an LAUSD requirement; Ms. Horton responds that it is an LAUSD requirement of all charter schools.  Confirm if this has to be done every year by LAUSD schools, as it's a matter of public record.  
LAUSD Questionnaire was sent out - this is typically required for a new charter or for a renewal.  However, this is required since we're in an MOU.  Deadline is February 24th.  

E.

Update on Transitioning ECR's Network/ISP from LAUSD

LAUSD is cutting off all electronic / communications equipment for transitional schools - schools, internet, etc., effective July 1, 2017. Other schools (Birmingham (2 years ago) and Granada (5 years ago)) have already gone through this.  We can create our own network, but we won't have the support that we used to.  An exploratory budget of $350,000.00 was approved.  We were paying LAUSD for these services, which they were pulling directly out of monies that were to come to us.  Mr. Delgado has already reached out to AT&T, which services all the LAUSD schools and whose pipeline we have already been using, about increasing our speed to 1 GB, which will require us to improve all our outdated infrastructure (current limit is 100 MB speed).  Doing due diligence, an RFP was already issued, and an E-rate consultant will help getting bids.  Shooting to start by increasing bandwidth by spring break.  Going on our own will require both using outside vendors to help, and having more staffing.  Need to find out if we have the budget to outsource and hire more staff.

IV. Financial

A.

Review and Vote on November and December Check Registers

There were a couple of corrections needed, specifically for 2 items listed as food for Board meetings:  one should have been identified as food for a Professional Development day for teachers and staff; and the other should have been identified as food for a meeting of volunteers of the school.  Also, better description/delineation needed so that anyone who accesses the documents can identify the purpose of the payment.  Requested that EdTec see about providing the check register separated by the 3 separate accounts.
Diane Wynne made a motion to approve the November and December check registers.
Steve Cohen seconded the motion.
The board VOTED unanimously to approve the motion.

B.

December 2016 Financial Update

Chang Patel of EdTec presented December 2016 Financial Update.  Advised that we are looking to end year with $2.9M net income, up from earlier projection of $2.6M.  Ended December with almost $9M in cash, and total assets of $18M.  Also, it was noted that there was $5M which was designated by the Board in June of 2014 to be reserved for "facilities and expansion."  The funds are not segregated, however, nor is there any other detail as to what the money could or could not be used for.  With purchase of Shoup property and ongoing repairs to campus, any of those could qualify under "facilities and expansion."  Board will consider voting at the next Board meeting to take these funds out of reserve status.

C.

Discuss Board Preferences for Presentation of Monthly Financial Information

Better description in Check Register would be beneficial, also EdTec asked to look into whether each account can be listed in the Registers

D.

Vote on Form 990 for 2015-2016 Fiscal Year

Controller Philip Alfonso reviewed the financials, and while not a CPA or tax expert, he has found no issues.  
Steve Cohen made a motion to approve Form 990 for 2015-2016 Fiscal Year.
Steven Kofahl seconded the motion.
The board VOTED unanimously to approve the motion.

E.

Discuss and Possibly Take Action on Security of Cash Deposits

Patti Thompson Derry is our contact at Hanmi Bank, and a parent of former student.  Ms. Derry reported (after receiving permission from Mr. Hussey to release the information) that we have 3 accounts:  an operating account; a payables account; and an ASB account (which currently has @ $159,000).  ECRA currently has $8M in deposit at Hanmi Bank.  FDIC covers up to $250K per tax ID not per account, which means school has over $7M that is uninsured.  We also have a revolving line of credit of $5M with $0 balance.  The LOC renews annually, $500 documentation fee, but no fee for non-usage.
Mr. Silverstein advised that prior Boards elected to keep this balance just in a checking account, rather than investing it or diversifying it.  Advised that the only way to protect the money is to invest in Treasury bills.  Recommended creating an investment and banking committee to determine best use of the money.  Also, if another account is set up, that money cannot be moved out of that account and moved to the checking account without the Board's approval.
Money market funds have a limit of 6 transactions per month for debits and transfers (deposits don't count against this limit).  The school needs $2.5M per month for payroll and benefits.  
Controller Philip Alfonso was asked to speak on this.  Advised that we also have $4M with Pacific Western Bank, but we are getting interest on those accounts.  Hanmi Bank charges us fees of about $3K to $5K a month for analysis charges, which they immediately reverse.  We can also save some money by aggressively pursuing certain benefits, such as having them pay for our armored car deliveries, which are @ $250-$300 a month.  He recommended opening up a money market fund and funding it with $100,000, and forming the banking committee.
The Board agreed to form an ad hoc committee of Diane Wynne, Beatriz Chen, and Scott Silverstein, with the involvement of Philip Alfonso and Patti Thompson Derry of Hanmi Bank, to advise on improving financial processes by the end of the school year.  The ad hoc committee will advise as to who will chair the committee.
The Board also agreed to move $3M from the operating account to a money market fund, with the same signers as are currently in place.
Scott Silverstein made a motion to open a Money Market Account with same signatories and moving $3 million over to the Money Market Account from the operating account.
Steve Cohen seconded the motion.
The board VOTED unanimously to approve the motion.

F.

Discuss Opterra's Proposals for Use of Prop 39 Funds

Tony Lumino and Andrew Lynn of Opterra presented their proposal for use of Prop 39 Funds and rebates.  The Board questioned why, if we are going to be getting @ $1M in rebates and incentives, are we spending a budget of @ $3.4M?  Response:  because the proposal encompasses the entirety of all the issues they were asked to look at over a year ago by the Board.  Could we could use the entirety of the Prop 39 funds and rebates on just some of the items identified?  Response:  yes we could, each item is a stand-alone project.  However, if we do stand-alone projects, Opterra will not get the same pricing because the pricing provided had a built-in discount for scale of project.  Moreover, undertaking the entirety of the project would result in the school breaking even by 2028, and having saved over $3.8M by 2042.
To preserve our Prop 39 funds, Opterra has to submit the application to the Cal. Energy Commission by August 1, 2017.  It takes them about a month and a half from the time we sign the contract to complete the application to present to the CEC.
Opterra proposed that we come up with a list of priorities, and they will come back with what they can do with the funding that can be captured.  The Board proposed to include all work except for the Solar, which would require an investment of approximately $1.8M.
Opterra advised that their proposal would encompass all work identified, the only thing it would not cover are unforeseen conditions, things that are below the ground and that are hidden from reasonable inspection.  If such an unforeseen condition arises, they will present the problem and a solution along with the proposed cost.  In other jobs like this that they have done, hidden hazardous materials (such as asbestos) are rarely found.

G.

Vote on Opterra's Proposals for Use of Prop 39 Funds

Steve Cohen made a motion to direct Opterra to provide a design build scope of work based on the items in the proposal absent solar, based on the Prop 39 funds and all available rebates.
Julie Kornack seconded the motion.
The board VOTED unanimously to approve the motion.
Roll Call
Scott Silverstein
Abstain
Diane Wynne
Aye
Steve Cohen
Aye
Julie Kornack
Aye
Darin Ryburn
Absent
Steven Kofahl
Aye
Jonathan Wasser
Aye
Robert Weinberg
Absent
Beatriz Chen
Aye

H.

Discuss NAEROK'S Proposal for Design Services and Permit Fees for Shoup Property

Peter Straka of NAEROK spoke accompanied by Robert Ramos.  The listed demolition fee of $55,000 is an estimate only because, until they undertake the actual demolition, there are too many unknowns.  To get to the design and plan check stage, they have to start demolition. Once they get to plan check, they can expedite the process.  Plan check can take 2 to 3 months.  Initial goal to get to plan check was by early August; now, the estimate is September.  If there is any expenditure over $50,000 required during any phase of the project, Board approval must be obtained.  Of the $121,530.00 listed, there was a $20,000 retainer paid, and the Title 24 fee of $3,500.00 was paid, for a total remaining balance of $98,030.00.

I.

Vote on NAEROK'S Proposal for Design Services and Permit Fees for Shoup Property

Steve Cohen made a motion to approve NAEROK's services for $121,530, less the deposits already paid.
Julie Kornack seconded the motion.
The board VOTED unanimously to approve the motion.

J.

Vote on Purchasing Testing Equipment (700 devices) for SBAC Testing

All our standardized testing has moved to online testing through SBAC.  SBAC testing is April 18th and 19th.  We need to be able to test about 1,000 students at a time.  We currently don't have the capacity to test that many students at a time.  Looked for ways to create the best system while also creating the least amount of disruption.  David Hussey comments that previously students were being pulled out of class to test, but the classes were still being taught so students were rushing through the test to get back to class as soon as possible.  While we did well in last year's testing (95%), looking to improve performance while minimizing the disruption.
The solution they have come up with is having reverse minimum days to allow for testing 1,000 students at a time.  To do this, we will need 700 devices to be able to test the 1,000 students at a time.  And Mr. Hussey emphasizes that they also want to have devices for instructional use.  Options are to go PC route (@ $500 per) or Chromebook route (@ $200 per).  Mobile carts housing the devices also needed, have 5 carts, need 20 more carts.  The devices will be available for teachers to use throughout the year except during testing.  Scott Silverstein says that before we vote, wants to know what Fernando recommends, wants to see contracts, issues about licensing, software, etc.   
Need to explore other options, and schedule a special meeting to discuss the options (PC v. Chromebook, leasing v. purchasing, modifying number of units, going 1 to 1 (each student has a device), etc.), and where the money will come from.  The motion was tabled until the special meeting can take place.  Special meeting scheduled for Monday, February 27th, at 4 p.m.  Fernando Delgado asked to have the materials available and published 72 hours before the meeting.  
Julie Kornack made a motion to table the vote until the special meeting on February 27th at 4 p.m.
Beatriz Chen seconded the motion.
The board VOTED unanimously to approve the motion.

K.

Discuss and Vote on Stipend for Human Resource Certifications

Tabled to next regular meeting
Julie Kornack made a motion to table to next regular meeting.
Beatriz Chen seconded the motion.
The board VOTED unanimously to approve the motion.

L.

Discuss Lifetime Benefits Trust and Possibly Vote to Increase Contributions

Julie Kornack made a motion to tabled to next regular meeting.
Steve Cohen seconded the motion.
The board VOTED unanimously to approve the motion.

M.

Discuss and Vote on Transfer of Contacts for Pacific Western Bank Accounts

Julie Kornack made a motion to transfer Contacts from Melanie Horton to Daniel Chang until the new CBO is found.
Steven Kofahl seconded the motion.
The board VOTED unanimously to approve the motion.

N.

Discuss and Vote on Transfer of Contacts for Hanmi Bank Accounts

Steve Cohen made a motion to transfer Contacts from Melanie Horton to Daniel Chang until the new CBO is found.
Steven Kofahl seconded the motion.
The board VOTED unanimously to approve the motion.

O.

Discuss and Vote on Transfer of Contacts for Charles Schwab Trust Account

Steve Cohen made a motion to transfer contacts from Melanie Horton to David Hussey.
Steven Kofahl seconded the motion.
The board VOTED unanimously to approve the motion.
All Board members expressed their thanks to Melanie Horton for being the one bit of continuity among the extremely difficult times in the last 7 or 8 months and for assuming so much of the burden that went beyond her job duties.  

P.

Discuss New Developments with FCMAT

El Camino voluntarily contracted with FCMAT to review internal controls.  But because we had new CBO starting in February, FCMAT was going to come back in April.  But with CBO not starting, they felt it would be pointless to start without a CBO in place.  Because it's in the MOU, Because we voluntarily engaged FCMAT, LAUSD should not have issue with FCMAT withdrawing at this time.  FCMAT has drafted a letter saying that it would not be beneficial to start the work.  FCMAT will send it, and David Hussey will cc it to the Charter Schools Division directly.

Q.

Vote on Forming Audit Committee for the 2016/17 Annual Audit

Melanie Horton reports that, per Fiscal policy, we are required to select an auditor no later than March of 2017.  Melanie suggests that, in absence of Controller, we are required to present 3 names.  Jon Wasser suggests forming an ad hoc Audit Committee to search for a new auditor to work with the Committee to conduct the audit.  And suggests that it be the same members as the banking committee.  This would be Scott Silverstein, Diane Wynne, and Beatriz Chen.
Julie Kornack made a motion to form an ad hoc Audit Committee.
Steve Cohen seconded the motion.
The board VOTED unanimously to approve the motion.

R.

Discuss Allocation of Resources and Strategies to Enhance Communication of Available Resources

Tabled to next regular meeting.

V. Closing Items

A.

Adjourn Meeting

Julie Kornack made a motion to adjourn the meeting.
Steven Kofahl seconded the motion.
The board VOTED unanimously to approve the motion.
There being no further business to be transacted, and upon motion duly made, seconded and approved, the meeting was adjourned at 10:45 PM.

Respectfully Submitted,
Daniel Chang