Acton Agua Dulce Unified School District

School Board Meeting Agenda

Attachments

DECLARATION OF ACTON SCHOOL AS SURPLUS PROPERTY
Portable Relocation Project - Permission to Seek Bidders Requested
Restroom Facilities - High Desert and Meadowlark
Vasquez High School DSA Issues and Gymnasium Recommendation

ACTON-AGUA DULCE UNIFIED SCHOOL DISTRICT

Regular Meeting of the Board of Trustees

Acton, California

AGENDA – Regular Meeting

MEADOWLARK SCHOOL

Tuesday, October 26, 2004 – 7:30 p.m.

The Board will Open the Regular Meeting at 6:30 p.m. then

Recess to Closed Session to Discuss Personnel Matters and Potential Litigation.

Grant Herndon, Attorney will be present.

The Regular Meeting will Convene at 7:30 p.m.

1.0 OPENING OF MEETING

1.1 Called to order by ____________________ at ______ p.m.

1.2 Members present: C F Me S

1.3 Pledge of Allegiance to the Flag led by _________________

1.4 Administration Present: _____________________________

Action 1.5 Adopt Agenda as Presented.

It is recommended that the October 26, 2004 agenda be approved as presented to the Board. All corrections to the agenda will be submitted at this time.

Moved by C F Me S Seconded by C F Me S

that the October 14, 2004 agenda be approved as presented. [Error correction should be 26]

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

1.6 PUBLIC PARTICIPATION AT BOARD MEETINGS

The Board of Trustees recognizes that citizens of the community have the right and are encouraged to attend meetings of the Board, and to observe its deliberations.

Procedures have been established for citizens to place matters directly related to school district business on the agenda of any regular board meeting. Requests for placement must be made in writing and delivered to the office of the District Superintendent not later than 4:00p.m. on the 6th business day prior to the meeting. The position of the item on the agenda will be determined by the Superintendent, who may consult with the Board President on the matter. Items placed on the agenda by the public will be for information and discussion, so that the Board may be advised of the views of the community.

Members of the public may address the Board regarding items on the agenda before or during the Board’s consideration of the items. Prior to the start of the meeting, persons wishing to speak will, on forms provided, indicate their name, address, and item on which they intend to speak. If the matter is listed as an item for Board action, the Board will not take action until persons who have requested to speak have done so. Unless otherwise approved by the Board, the total time allotted to all persons wishing to speak to an item will be 3 minutes. These comment time allocations cannot be assigned by one member of the public to another for the purpose of extending the period of public comment by any one person.

Each person who addresses the Board must first be recognized by the presiding officer. Comments must be addressed to the Board as a whole and not to individual staff members or District employees. The Board and staff are not obligated to comment on or respond to addresses by the public.

Persons appearing before the Board are reminded, as a point of information, that members of the Board are without authority to act independently, as individuals, in official matters. No person is granted any privilege by the Board to make statements that may be considered defamatory or otherwise actionable by other persons, including District officers and employees.

To address the Board on an item not on the agenda, please fill out an Acton-Agua Dulce Unified School District Comments Card available at the entry door and give it to the Board President. The President will recognize you during the Comments portion of the meeting. Upon recognition, state your name and make your statement. For items not on the agenda, please note the following stipulation of the Brown Act.

Pursuant to the Brown Act, Governing Board members cannot discuss any item which does not appear on the agenda. The Governing board may provide a reference to staff or other resources of information, request staff to report back at a subsequent meeting, or direct staff to plan an item on a future agenda.

Complaints against employees are addressed in closed session, and the District’s complaint procedure should be followed before discussion with the Board.

2.0 CONSENT AGENDA

Action 2.1 It is recommended that the following Consent Agenda items be approved:

2.2 Approve the Minutes of the Regular Meetings held on October 14, 2004.

2.3 Approve Purchase Order Report #04-05.6

2.4 Accept Warrant Register Report

2.5 Payment of Stipends

2.6 Approve Requests to Use Facilities

2.7 Accept job descriptions for:

2.7.1 Driver / Trainer / Transportation Assistant

2.7.2 Account Technician

2.7.3 Payroll / Payables Technician

2.7.4 District Office Clerk

2.8 Approve Memorandum of Understanding with Santa Clarita Valley Induction Consortium.

2.9 Approve the Vasquez High School Student Body Account Report

Moved by C F Me S Seconded by C F Me S

that the above Consent Agenda items be approved.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

CM 2.2 That the Board approve the Minutes of the Regular Meetings held on October 14, 2004.

Enclosure

CM 2.3 That the Board approves Purchase Order Report #04-05.6.

Enclosure

CM 2.4 That the Warrant Register is accepted by the Board for information and discussion.

Enclosure

CM 2.5 That the Payment of Stipends be approved.

Enclosure

CM 2.6 That the Board approves the requests to use school facilities.

None

CM 2.7 That the board accepts the job descriptions for:

Enclosure 2.13.1 Driver / Instructor / Transportation Assistant

2.13.2 Account Technician

2.13.3 Payroll / Payables Technician

2.13.4 District Office Clerk

CM 2.8 That the board approves the Memorandum of Understanding with Santa Clarita Valley Induction

Enclosure Consortium.

CM 2.9 That the board approves the Vasquez High School Student Body Account Report

Enclosure

3.0 CORRESPONDENCE/PROPOSALS/REPORTS

3.1 Report by Superintendent

- Enrollment

- CBEDS Student Data Update

- Traffic Study: Soledad Canyon Road and Wisconsin Street

3.2 Reports by Principals and Staff

3.3 Reports by Employee Organizations

3.4 Report by Student Representative

3.5 Report from Town Councils

3.6 Reports by Board Members

3.7 Discussion by Board Members

4.0 DISTRICT ORGANIZATION AND BOARD OPERATIONS

Reading 4.1 SECOND READING: Board Policy # 5113 : Student Attendance

Enclosure

It is recommended that the Board have a final reading of the Board Policy #5113 – Student Attendance

Reading 4.2 FINAL READING: Board Policies #5131(a)1: Conduct; 5131.5(a) Vandalism;

Enclosure AR5144, Discipline

It is recommended that the board have a second reading of: Board Policies #5131(a)1: Conduct; 5131.5(a) Vandalism; AR5144, Discipline.

Reading 4.3 FINAL READING: Board Policy 5111.1(a): District Residency

Enclosure

It is recommended that the Board have a second reading of Board Policy 5111.1(a):

District Residency.

Action 4.4 Discuss and take nominations for a board candidate to replace Marty Barofsky. Take action on the nomination(s) for a board replacement candidate, as appropriate.

Moved by C F Me S Seconded by C F Me S

That the board takes action on the nomination of board replacement candidates, as appropriate.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

5.0 A. INSTRUCTIONAL PROGRAM AND STUDENT ACTIVITIES

Instructional Improvements:

Report 5.1 Receive report from Director of Curriculum and Instruction.

6.0 PERSONNEL

Report Report on the cost savings of the 2004-2005 proposed district office staff configuration.

Enclosure

Action Accept resolution # 04-05.10 : Resolution to Lay Off One Campus Security Guard

Enclosure

Moved by C F Me S Seconded by C F Me S

That the Board approves the layoff of one Campus Security Guard. The employee is the sole employee in this job classification.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

Action Accept ___________ to be hired as Driver / Trainer / Transportation Assistant.

Moved by C F Me S Seconded by C F Me S

That the Board approves _____________________ to be hired as Driver / Trainer / Transportation

Assistant.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

Action Accept ______________ to be hired as Account Technician.

Moved by C F Me S Seconded by C F Me S

That the Board approves _____________________ to be hired as Account Technician.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

Action Accept _______________ to be hired as Payroll / Payables Technician.

Moved by C F Me S Seconded by C F Me S

That the Board approves _____________________ to be hired as Account Technician.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

Action Accept _______________ to be hired as District Office Clerk.

Moved by C F Me S Seconded by C F Me S

That the Board approves _____________________ to be hired as District Office Clerk.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

7.0 BUSINESS AND FINANCIAL MANAGEMENT

Resolution 7.1 Adopt Resolution 04-05.11: Declaration of Acton School as Surplus Property

Moved by C F Me S Seconded by C F Me S

That the board approves Resolution 04-05.11: Declaration of Acton School as Surplus Property.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

Action 7.2 Authorization to seek bidders for the Portable Relocation Projects at High Desert and Meadowlark

Enclosure Schools, following approval by the Division of the State Architect to proceed.

Moved by C F Me S Seconded by C F Me S

That the Board grants permission to the Superintendent to seek bidders for the Portable Relocation Projects at High Desert and Meadowlark Schools following approval to proceed from the Division of the State Architect.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

Action 7.3 Consider the status of the gymnasium at Vasquez High School. The gym was closed via Enclosure emergency administrative authority when the lack of DSA approval on the facility was discovered. Consider and take action to either (a) re-open the gymnasium facility for student use, (b) take official action to confirm the closure of the gymnasium.

Moved by C F Me S Seconded by C F Me S

That the Board elects to (a) re-open the gymnasium facility at Vasquez High School or (b) takes official action to close the gymnasium.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

Action 7.4 Authorize the Superintendent to purchase restroom buildings for Meadowlark and High Desert

Enclosure Schools from Modtech or Modular Structures, Inc. in an amount not to exceed $80,000 per building. These buildings contain student restrooms for each gender and a faculty restroom.

Moved by C F Me S Seconded by C F Me S

That the Board authorizes the Superintendent to purchase restroom buildings for Meadowlark And High Desert Schools from Modtech or Modular Structures, Inc. in an amount not to exceed $80,000 per building.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

8.0 FUTURE AGENDA ITEMS

Facilities Hearing / Textbook Review – January 2005

Revisit Class Size Reduction – January 2005

Update on Costs for Portable Relocation Project – Upon completion of the bidding process.

Following the Completion of the Needs Analysis:

1. Regional Planning

2. Discuss School Facilities Needs Analysis

3. Public Hearing on Developer Fee Increase to Statutory Rates

9.0 CALENDAR

10.0 CLOSED SESSION

Closed Session may be called at any time during a formal meeting by motion of the Board of Education for the purpose of discussing a personnel problem, a pupil problem, land purchase, consultation on a legal problem with an attorney, and with employee organizations in regard to salaries and/or fringe benefits. All formal action involving such matters must be made in an open meeting.

Action 10.1 Moved by C F Me S Seconded by C F Me S

that the Board adjourn to Closed Session at ______ p.m. for:

1. Student Matters

2. Personnel Matters

3. Negotiations

4. Litigation

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

Action 10.2 Moved by C F Me S Seconded by C F Me S

that the Board reconvene to Regular Session at ______ p.m.

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

11.0 ADJOURNMENT

Action 11.1 Moved by C F Me S Seconded by C F Me S

that the Regular Meeting of the Board of Trustees adjourn at ______ p.m., Thursday,

September 21, 2004 .

Ayes ____ Noes ____ Absent ____ Ayes C F Me S

Noes C F Me S

Absent C F Me S

To Index

DECLARATION OF ACTON SCHOOL AS SURPLUS PROPERTY )

A. The Acton- Agua Dulce Unified School District owns Acton School, which is no longer needed for classroom purposes.

B. Pursuant to Education Code section 35160 and Chapter 1452 of Stats. 1987,

Section 1, the governing board may lease any or all real property belonging to the school district which is not needed for school classroom buildings.

C. The board desires to lease the property.

RESOLVED

1. The above recitals are true.

2. The Board declares Acton School to be surplus property.

3. This Board declares its intention to lease Acton School, and directs the Superintendent to pursue potential lease agreements with appropriate agencies.

This Resolution was adopted by the vote of the members of the Board.

BOARD OF TRUSTEES OF THE ACTON-AGUA DULCE UNIFIED SCHOOL DISTRICT

By: Steve Harbeson Board President To Index

From: Linda Wagner

RE: Portable Relocation Project - Permission to Seek Bidders Requested

BACKGROUND

Following the closure of Acton School, the District began the work to move buildings to the Meadowlark and High Desert sites, in order to accommodate the increased enrollment at these sites.

When the Division of State Architect was approached for permission to proceed with the project, it was discovered that Meadowlark, High Desert and Acton School Relocatable Projects were never closed out with the state.

The District has since submitted fees to re-open the files for these cases, but have not yet received the information relative to what it is about these sites that was not completed. We believe that the issues will pertain to paperwork issues rather than code issues. Because all of the buildings that are on these campuses are believed to have been up to code when they were installed, the work may be in bringing these buildings up to the standards of any new codes that might have been created since the installation of these buildings. Once the records are received, we will have a better understanding of the status of each of these projects.

We know that both at Meadowlark and High Desert, restroom facilities must be added due to the distance a child must walk to the restrooms currently. Additionally, Meadowlark is a bit short of ample restroom facilities. We intend to add restroom facilities at each campus, with faculty wings for convenience to staff members who work outside the main buildings.

STATUS

Despite the fact that we have not received the information about the close-out of these structures, it appears that the state may be willing to allow us to move the Acton School relocatable buildings prior to close-out on these projects. I have assured the state that we will move as efficiently as possible to rectify state compliance issues given the resources available to us, and that we would fix minor correctable issues within a period of six months.

RECOMMENDATION

It is recommended that the Board authorizes the Portable Relocation Project to move forward as quickly as possible following the authorization to do so by the Division of State Architect. Once approval is received, it is recommended that the District commence the bid process immediately. Following legal bidding procedures, a selection will be made for work on the project, and construction can commence. To Index

From: Linda Wagner

Date 10-26-04

RE: Vasquez High School DSA Issues and Gymnasium Recommendation

BACKGROUND

When the District learned of the lack of close-out paperwork on the High Desert, Meadowlark, and Acton Portable Relocation projects, and inquiry was also made about the status of the Vasquez campus. We learned at that time that this project was also not closed out.

According to Osborne Architects, the difficulty in the close-out on this project is that the state tracks buildings based on their former location, using a tracker number that is tied to completed projects. Since many of the Vasquez buildings came from other campuses in our district which were also not closed out, the state has no tracking number, and therefore has a difficult time approving the classrooms in their new location. There are several options in this case. One is to attempt to track the building's history. But, since the buildings were apparently never approved in their former locations, it will be complex and potentially impossible to find tracking numbers for them. Another way we can proceed is by having the buildings inspected and brought up to current code. This may be the most efficient way to proceed. We will be assessing both possibilities, and will determine the best future course of action.

I have been advised by both WLC Architects and Osborne Architects that the gymnasium structure on the Vasquez campus is neither approved nor approvable. The Uniform Building Code that most construction projects fall under has language about membrane, or fabric buildings. The school code omits the language about membrane buildings, such as our gym. As such, until such time as code is changed, the membrane structure is not permissible per state code. The building has been inspected and there is no doubt about the inherent safety of the structure.

STATUS

When a school district allows students to enter a structure that, due to the nature of the structure itself, is not approvable, the district and board assume some liability for specific forms on incidents. After consulting with two separate legal firms, two separate architectural firms, and our facilities consultants, I would suggest to you that it would be unwise to reopen the gymnasium due to the inherent liability in the situation of an accident in this facility. Our attorneys, architects and consultants reiterate this concern.

You might ask why it is reasonable to have students in non-approved classrooms, but not in a non-approved gymnasium. The answer is that the classroom issues do not focus on the very nature of the structure. They appear to be paperwork and small compliance issues that do not carry the same liability problems as a structural incident would carry.

I have consulted with our insurance carriers. Despite the possibility of adding additional liability insurance to our policies, the insurance company cannot guarantee that we would not carry some liability in the event that we willingly allow students into a gymnasium that we know is not structurally approved. The insurance company and our attorneys appear to echo the same thought - that to do so could be construed as "willful neglect" and as such would not be insurable.

RECOMMENDATION

It is recommended that the gymnasium structure be closed until such time as either complete DSA approval is obtained or the structure is removed.

To Index

From: Linda Wagner

RE: Restroom Facilities - High Desert and Meadowlark

BACKGROUND

When the Meadowlark project was constructed, there was a need for an outside restroom. That restroom was not installed at the time. High Desert's portable relocation project will also lead to the need for another restroom.

STATUS

There is too great a distance from some student's classrooms to the nearest restroom, per current code. This is resulting in the requirement that restroom facilities be added at these sites.

RECOMMENDATION

It is recommended that the Board authorizes the selection of Modtech Model C buildings for High Desert and Meadowlark Schools.

The recommendation is being made to purchase rather than lease this facility. The district is currently saddled with significant monthly lease payments. It is recommended that these buildings be purchased outright so as to avoid creating another long term obligation for the district.

Time is of the essence. If authorization cannot be provided to the Superintendent to proceed with the project, the delay in obtaining the specifications on the restroom facilities will delay the approval on the entire project at the DSA level. This will impact students who are currently housed in alternate facilities at Meadowlark and High Desert Schools. To Index

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