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Special Meeting of the Board of Education
Newport-Mesa USD
June 14, 2019 3:30PM
District Education Center - Roderick H. MacMillian Board Room 2985 A Bear Street Costa Mesa, California 92626

1. Special Meeting 3:30 pm (6/13/19, 8:44 a.m.: AMENDED AGENDA with addition of Closed Session)
2. Call to Order
2.a. Call to Order - Presiding Chairperson
Minutes:
President Metoyer called the meeting to order at 3:30 p.m.
3. Opening Ceremonies
3.a. Silent Invocation/Pledge of Allegiance to the Flag
Minutes:
The meeting was opened with a moment of reflection followed by the Pledge of Allegiance to the Flag.
4. Roll Call
4.a. Board of Education/Superintendent
Minutes:
Roll call was taken and the following were present:
Charlene Metoyer, President
Martha Fluor, Vice President
Dana Black, Clerk
Karen Yelsey, Member
Michelle Barto, Member
Ashley Anderson, Member
Vicki Snell, Member
Dr. Frederick Navarro, Superintendent
5. Adoption of Agenda
5.a. Adoption of Agenda
Recommended Motion:

It is recommended that the Board if Education adopt the agenda as presented.

Actions:
Motion
It is recommended that the Board if Education adopt the agenda as presented. Passed with a motion by Martha Fluor and a second by Karen Yelsey.
Vote:
Yes Ashley Anderson.
Yes Michelle Barto.
Absent Dana Black.
Yes Martha Fluor.
Yes Charlene Metoyer.
Yes Vicki Snell.
Yes Karen Yelsey.
6. Community Input on Special Agenda Items Only
6.a. Comment Cards are Requested to be Completed Prior to Addressing the Board
Quick Summary / Abstract:
This is an opportunity for the public to address the Board regarding items on the Special Meeting agenda.  Each speaker has 3 minutes to address the Board and speakers may not cede unused time to other speakers. Per BB 9323, there is a maximum of 20 minutes of comments per topic. With Board consent the President may increase or decrease the time allowed for public comments, depending on the topic and the number of persons wishing to speak. 

All comments are recorded in full on the meeting video record. When addressing the Board, it is helpful if you state your name and address for the record.


Minutes:
All comments are recorded in full on the meeting video record posted on the district's YouTube page following the closed captioning process. A DVD is available to check out from the Superintendent's office for three business days or for purchase for $1.00. Public comment was received regarding Special Meeting agenda items only from the following individuals.
1. Steve Smith - asked if the district is paying for the charter busing, food services, and advertising? Staff confirmed that the charter is not affiliated with NMUSD and our district is not paying for busing, food service, or charter advertising.
2. Cynthia Blackman - expressed concerns about special education programs currently at Harper site. Staff confirmed that the special education programs will remain at the Harper site.
3. Bob Kelley - also expressed concerns about the Harper special education programs being displaced and was pleased to hear that the NMUSD programs are to remain.
4. Eleanor Rebard - shared concerns about traffic and student safety around the Harper site.

Russell Lee-Sung shared a statement regarding the history of the district's process of denying the ISSAC charter petition, the OCDE Board's overturning of our denial, and what facilities were being provided for the ISSAC charter's use at the Harper Site.
7. Closed Session
Minutes:
The Board of Education met in closed session from 3:52-4:27 p.m. to discuss items 3.a.
7.a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: 1 case
8. Discussion/Action Calendar
8.a. Approve Agreement on Charter Facilities Agreement by and between Newport-Mesa Unified School District and International School for Science and Culture
Recommended Motion:

It is recommended that the Board of Education approve the Charter Facilities Agreement (“Agreement”) with the International School for Science and Culture (“ISSAC”) and authorize the Superintendent to execute the Agreement on behalf of the District. 

Actions:
Motion
It is recommended that the Board of Education approve the Charter Facilities Agreement (“Agreement”) with the International School for Science and Culture (“ISSAC”) and authorize the Superintendent to execute the Agreement on behalf of the District.  Passed with a motion by Karen Yelsey and a second by Dana Black.
Vote:
Yes Ashley Anderson.
Yes Michelle Barto.
Yes Dana Black.
No Martha Fluor.
Yes Charlene Metoyer.
Yes Vicki Snell.
Yes Karen Yelsey.
Financial Impact:

If the Agreement is approved, the District will undertake the costs of reconfiguring its programs currently housed on the portion of the Harper site to be used by ISSAC and of making improvements for ISSAC’s use, but will receive rental payments in return for ISSAC’s use of the property.  The District will also avoid the potentially significant costs of possible litigation over this matter.

Comments:

Background:
Pursuant to Education Code Section 47614 (commonly referred to as “Prop 39”), ISSAC submitted a request to use District facilities to house ISSAC.  The District processed the request, and ultimately determined that ISSAC was not entitled to District facilities pursuant to the Prop 39 standards and requirements.  ISSAC disagreed and continued to pursue District facilities.  The District and ISSAC failed to agree upon ISSAC’s projected number of in-District average daily attendance, and, in order to resolve the dispute and avoid the costs of litigation, the District and ISSAC negotiated the Agreement in lieu of Prop 39.  Pursuant to the Agreement, ISSAC will occupy a portion of the District’s Harper Assessment Center site, located at 425 E. 18th Street, Costa Mesa, California 92627, for the 2019-20 school year pursuant to the terms set forth in the Agreement. 

ISSAC’s governing board approved the Agreement at its meeting of June 10, 2019, and has provided an executed copy of the Agreement to the District.

Current Consideration:
The District administrative staff believes that entering into the Agreement in order to avoid the costs and burdens of litigation and focus on the mission of educating our students is in the best interests of the District, its students, and stakeholders, and recommends that the Board of Education approve the Agreement.

Approved by:
Lee-Sung
Board Agenda
June 14, 2019

Attachments:
Facilities Use Agreement-ISSAC Charter School
9. Adjournment
Minutes:
Meeting was adjourned at 4:28 p.m.
6/14/2019 3:30:00 PM ( Original )
PresentAshley Anderson
PresentMichelle Barto
PresentDana Black
PresentMartha Fluor
PresentCharlene Metoyer
PresentVicki Snell
PresentKaren Yelsey

The resubmit was successful.