CAPISTRANO UNIFIED SCHOOL DISTRICT
33122 Valle Road
San Juan Capistrano, CA 92675
BOARD OF TRUSTEES

Regular Meeting March 13, 2019

CLOSED SESSION 4:30 pm

OPEN SESSION 7:00 pm

1. CALL TO ORDER

2. CLOSED SESSION COMMENTS

3. CLOSED SESSION (as authorized by law)

CUSDWatch Comment

Citizens can speak to closed session Items at 4:30 pm and not have to come at 7:00pm and sit through a long meeting waiting to speak on a particular item. If you would like to comment on the Toll Road for example, 4:30pm will be the most efficient use of your time.

The Toll Road is also being Discussed on Open Session: Agenda Item #19 RESOLUTION NO. 1819-36, OPPOSITION OF TOLL ROAD EXTENSIONS THAT COULD SIGNIFICANTLY IMPACT OR HARM PUPILS, TEACHERS, AND STAFF

Board Agenda page 337

Transportation Corridor Agency (TCA) and several other public agencies and groups are seeking to extend State Route 241 by converting Los Patrones Parkway into a portion of the toll road without regard to the potential significant impact on the District’s students, teachers, and staff in terms of air pollution, noise, and traffic. The Board is asked to consider Resolution No. 1819-36, Opposition of Toll Road Extensions That Could Significantly Impact or Harm Pupils, Teachers, and Staff which opposes alternatives 13, 14, 17 and 21 to pursue adequate analysis and mitigation by commenting during review periods and testifying at public hearings and agency meetings.

Staff Recommendation It is recommended the Board President recognize Clark Hampton, Deputy Superintendent, Business and Support Services, to present this item.

Following discussion, it is recommended the Board of Trustees adopt Resolution No. 1819-36, Opposition of Toll Road Extensions That Could Significantly Impact or Harm Pupils, Teachers, and Staff

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Gregory Merwin/Kathy Purcell
Attorney – Ernest Bell 
Significant Exposure to Litigation – Two Cases
ADR Case Number 20181205
ADR Case Number 20190213

(Pursuant to Government Code § 54956.9(d)(2))

EXHIBIT A-1

EXHIBIT A-2

CUSDWatch Comment

Ernest Bell is with Atkinson, Andelson, Loya & Romo

Ernest Bell specializes in Special Education and Student Issues.

Kristen Vital/Clark Hampton/Susan Holiday
Attorney – Marley Fox 
Significant Exposure to Litigation – Three Cases
ADR Case Number 20181205
ADR Case Number 20190213

(Pursuant to Government Code § 54956.9(d)(2)(3)

 

CUSDWatch Comment

Marley S. Fox

Orbach Huff Suarez & Henderson

Construction
Charter Schools
Appellate & Writ Practice
Real Estate / Eminent Domain
Labor Compliance / Prevailing Wage

Marley Fox has more than 15 years of litigation experience, including representing public agencies in construction, charter school, nuisance abatement, eminent domain and inverse condemnation matters. Marley’s experience includes case evaluations, discovery, legal research, law and motion practice, settlement negotiations, trial preparation and alternative dispute resolution. She also possesses significant appellate experience, including drafting writs; preparing records on appeal; drafting appellants’, respondents’, reply and amicus briefs; oral argument and opposing requests for depublication of published appellate court opinions.

Marley received a Bachelor of Arts in Political Science from the University of California, Santa Barbara, and she obtained a Certificate in Dispute Resolution and a Juris Doctor from Pepperdine University School of Law. She is admitted to practice in all California state courts and the United States District Court, Central and Northern Districts.

This is probably TOLL ROAD related

Attorney – John Dacey 
Significant Exposure to Litigation – One Case

(Pursuant to Government Code § 54956.9(d))

 

CUSDWatch Comment 

John P. Dacey is a Co-Managing Senior Shareholder of Bergman Dacey Goldsmith PLC., a civil litigation firm providing legal services worldwide with offices in Los Angeles and Orange Counties.

Mr. Dacey predominantly represents public entities in the areas of complex litigation and procurements (including construction and contract disputes, real estate, public works of improvements, preventative risk counseling, and many other areas of the law).

Mr. Dacey has successfully resolved and litigated over 500 public works disputes. His contracts, policies, and procedures, have been used to successfully build over 256 public works projects in California.

John holds the unique distinction as being the only lawyer in the United States to serve as primary outside legal counsel to Los Angeles Unified School District’s unprecedented $22 billion dollar construction program (in 1999 – 2008) and since July 2013 as Lead Construction Counsel for Los Angeles Community College District’s $9.5 billion dollar construction bond program.

For his “high standards of leadership, outstanding accomplishments, and dedicated service to education”, John has also received the following honors:

Certificate of Recognition from the United States Congress;
Certificate of Appreciation from the California State Legislature;
Certificate of Commendation from the County of Los Angeles;
Certificate of Commendation from the City of Alhambra;
Certificate of Appreciation from the City of Monterey Park;
Certificate of Recognition from the City of Rosemead; and
Certificate of Appreciation from the Alhambra Unified School District.

John is admitted to practice law in all the state and federal courts in California, as well as the United States Supreme Court, and has been litigating complex jury and bench trials, as well as appeals, in state and federal courts for over 28 years.

John has been named a BEST LAWYER for 2017 and 2018, For the past 10 consecutive years, John has been recognized as a California Super Lawyer in the area of California Construction Law

 

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Attorney – Ernest Bell
Significant Exposure to Litigation – Two Cases
OAH Case Number 2018100548
Federal Case 8:17-cv-01460-JLS-KES

(Pursuant to Government Code § 54956.9(d)(1))

 
OAH Case Number 2018100548 EXHIBIT B-1 
Federal Case 8:17-cv-01460-JLS-KES EXHIBIT B-2 

 

C. STUDENT EXPULSIONS 

Mike Beekman
One Case

 
Case # 2019-042  EXHIBIT C-1

 

D. PUBLIC EMPLOYMENT AND EVALUATION OF PERFORMANCE

Superintendent

(Pursuant to Government Code § 54957 (b))

 EXHIBIT D-1

E. STUDENT READMISSION

Mike Beckman
One Case

 
Case #2018-032 EXHIBIT E-1