October 10, 2018 CUSD BOT Meeting - CLOSED SESSION
CAPISTRANO UNIFIED SCHOOL DISTRICT 
33122 Valle Road
San Juan Capistrano, CA 92675 
BOARD OF TRUSTEES MEETING  
Closed Session 4:00 pm 
Regular Meeting 7:00pm

Closed Session 4:00 pm

1. CALL TO ORDER

2. CLOSED SESSION COMMENTS

4:17 pm

Board Audio 0:21

BLUE CARD Dawn Urbanek 

Dana Hills Structural Defects

The scope of Structural Inspection was limited to lower roofs. There should be a structural inspection of the entire structure because the Engineer stated in his report that the concrete mix appeared to be bad. 

Tesoro High School/Toll Road

All four parcels of land that Tesoro High School sits on were transferred into the right of way for the 241 Toll Road extension by the Rancho Mission Viejo Company and its affiliates. When CUSD gained knowledge that they owned parcel 82, they accepted a quick claim dead to Parcel 82 (1 of 4 parcels that Tesoro High School is constructed upon and is contained in the tollroad right of way without CUSD consent.). 

Legal question-

How is Rancho Mission Viejo able to transfer 4 parcels of land that it does not legally own into the right of way for the 241 extension of the toll road from the Oso bridge connection to Cow Camp Road? 

This transfer was completer in 2001- the Ranch was compensated for this land- shouldn't CUSD now be compensated for the fair market value of their land now that everyone is OK with building a Toll Road on a "sensitive receptor"?

I have done Public Record Request to CUSD regarding these property rights issues- 

CUSD maintains that there is nothing to see here?

 

3. CLOSED SESSION (as authorized by law) 

Adjourned to Closed Session at 4:21pm 

Board Audio 7:47 

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Trusteed voter 4-0-3 to approve staff recommendations.

Gregory Merwin/Sara Young 
Attorney - Ernest Bell
Significant Exposure to Litigation- Five Cases

IDR Case Number 20180601 EXHIBIT A-1 
IDR Case Number 20180625 EXHIBIT A-2  
IDR Case Number 20180613  EXHIBIT A-3  
IDR Case Number 20180614  EXHIBIT A-4  
IDR Case Number 20180615  EXHIBIT A-5  

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

CUSDWatch Comment

Ernest Bell is with Atkinson, Andelson, Loya & Romo

Ernest Bell specializes in Special Education and Student Issues.

 

Board Audio 8:02  

 Trustees Gave Direction To Staff on all three cases

Susan Holliday
Attorney – Anthony DeMarco
Significant Exposure to Litigation – One Case
(Pursuant to Government Code § 54956.9(d)(2))
EXHIBIT A-6 
Clark Hampton Attorney – Anthony De Marco
Significant Exposure to Litigation – One Case
(Pursuant to Government Code § 54956.9(d))
 
Clark Hampton Attorney – Terry Tao
Significant Exposure to Litigation – One Case
(Pursuant to Government Code § 54956.9(d))
 

 

CUSDWatch Comment

Terry Tao is with Atkinson, Andelson, Loya & Romo

Terry Tao specializes primarily in the areas of school and public works construction law, architectural malpractice, construction contract administration, ADA physical barrier claims, land use, environmental law, and related matters. He handles construction litigation, advises clients in drafting contracts and agreements, and assists in general facilities matters.

 

Board Audio 8:18  

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Trusteed voter 4-0-3 to approve staff recommendations. on all three cases.

Gregory Merwin
Attorney - Ernest Bell
Significant Exposure to Litigation- Three Cases

OAH Case Number 2018040679
EXHIBIT B-1 
OAH Case Number 2018060424
 EXHIBIT B-2 
OAH Case Number 2018070937 EXHIBIT B-3 

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

Board Audio 8:49

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Trustees gave direction to Staff

District Negotiators: Kirsten M. Vital and Clark Hampton
Attorney – Andreas Chialtas

Consultants – George Peterson/Keith Weaver

Property: Pacifica San Juan property. 7.292 acre property located at the north east corner of Camino Las Ramblas and Avenida California
Negotiating Party: One or more potential buyers for the Property who may purchase the Property through a request for proposals process

CUSDWatch Comment

This is the presentation from a January 18, 2017 Board Workshop 

 

 

 

 

 

Property: South Transportation and Groundskeeping Facility. 5.51 acre property located at 26126 Victoria Blvd, Dana Point, CA 92624 Negotiating Party: One or more potential buyers or lessees for the Property who may purchase or lease the Property through a surplus property bid auction process

CUSDWatch Comment

This is the presentation from a January 18, 2017 Board Workshop 

 

 

Property: Paseo de Colinas property. 2.47 acre property located on Paseo de Colinas adjacent to Niguel Hills Middle School Negotiating Party: One or more potential buyers for the Property who may purchase the Property through a surplus property bid auction process.

CUSDWatch Comment

This is the presentation from a January 18, 2017 Board Workshop 

Under Negotiation: Price and Terms of Payment
(Pursuant to Education Code § 54956.9)

Board Audio 8:56

D. STUDENT READMISSIONS

Trustees voted 4-0-3 to readmit case #2017-038

Mike Beekman 
One Case 
Case #2017-038
EXHIBIT D-1 

Board Audio 9:10

E. STUDENT EXPULSIONS

Trustees voted 4-0-3 to approve staff recommendation on case numbers:

#2019-001

#2019-002 

#2019-003

Trustees voted 4-0-3 to approve staff recommendation on case numbers

#2019-005

Mike Beekman 
One Case 
Case #2017-038
 
Case # 2019-001 EXHIBIT E-1  
Case # 2019-002 EXHIBIT E-2  
Case # 2019-003 EXHIBIT E-3  
Case # 2019-005 EXHIBIT E-4