BOARD OF EDUCATION OF THE CITY OF LOS ANGELES
Governing Board of the Los Angeles Unified School District

REGULAR MEETING MINUTES
333 South Beaudry Avenue, Board Room
1:00 p.m., Tuesday, January 14, 2003

The Board of Education of the City of Los Angeles, acting as the Governing Board of the Los Angeles Unified School District, met in regular session on January 14, 2003, at Los Angeles City Board of Education Administrative Offices, Board Room, 333 South Beaudry Avenue, Los Angeles, CA.

President Caprice Young called the meeting to order at 1:25 p.m.

The following Board Members were present: Ms. Marlene Canter, Ms. Genethia Hudley Hayes,
Mr. José Huizar, Mr. Mike Lansing and President Caprice Young. Mr. David Tokofsky and Ms. Julie Korenstein arrived at 1:36 p.m. and 2:49 p.m., respectively.

Superintendent Roy Romer was present.

Student Members Sivan Ben Abu from University High School and Haleh Khadem from Palisades High School were present.

Mr. Huizar led the Pledge of Allegiance.

STUDENTS' CONCERNS

Student Member Sivan Ben Abu from University High School commented on the renovations taking place at her school, projects that still remain such as painting of the school and repaving of the basketball court. She also asked about having more gardeners for her school and installing handicapped access to the classroom buildings. Ms. Abu stated that some students would like the opportunity to take elective classes such as home economics and drivers education, and inquired about obtaining additional funding to purchase equipment and uniforms for sports programs. She concluded by sharing that University High School has a very diverse campus with over 40 clubs, such as their leadership club which presents different events for students on a weekly basis.

Later in the meeting student Member Haleh Khadem from Palisades High School commented on the student-to-teacher ratio, indicating that the class size range is 30 to 40 students per class. Ms. Khadem mentioned that students would like to see a better selection of advanced placement and elective courses. She indicated that they have a very strong student governance council and community participation. She also stated that the leadership class is currently updating their constitution, and concluded by reporting on their students' concern committee, where students may voice their opinions.

SPECIAL REPORTS

STATE BUDGET UPDATE

Dr. Joseph Zeronian, Chief Financial Officer, gave an update on the State Budget, indicating that the District would be impacted with $240,000,000 less income for the 2002-03 and 2003-04 fiscal years.
Dr. Zeronian and Superintendent Roy Romer responded to questions by Board Members.


REMEMBRANCE OF MARGARET JONES

This item was postponed to the Regular Board Meeting on January 28, 2003.

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President Young modified the Order of Business.
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RECEIPT OF COMMUNICATIONS FOR ACTION AT NEXT BOARD MEETING

Office of the Superintendent No. 6 - Implementation of a 180 Instructional Day Trimester Quarter System Calendar to Improve Student Achievement: Assigned to Regular Calendar
Superintendent Romer started his comments by acknowledging the need to make substantial educational changes at the secondary level. He gave a brief presentation on smaller learning community, periodic assessments, and the proposed calendar. He mentioned no school will move to
the proposed calendar if by doing so it increases the number of students being bused, it increases the number of traveling teachers, or it forces a school to go year round. He outlined the advantages of the quarter system.

President Young announced:

There will be a Special Board Meeting on January 21, 2003, to allow speakers an opportunity to address the Board and to give staff an opportunity to respond to questions from Board Members.

With the consent of the Board, the following speakers addressed the Board on the report:

George Cole, Councilman, City of Bell

Frank Roul, Mayor, City of Cudahy

Hector De La Torre, Councilman, City of South Gate

Superintendent Romer responded to questions by Board Members.

Mr. Tokofsky suggested that the District facilitate community meetings for the southeast area of the District to address the issues raised.


DIRECT REPORTS

BOARD OF EDUCATION REPORT NO. 3
Student Reinstatements

BOARD OF EDUCATION REPORT NO. 4
Student Expulsions

BOARD OF EDUCATION REPORT NO. 5
Various Purchasing Transactions


BOARD OF EDUCATION REPORT NO. 6
Resolution to Participate in Grant Requests from Department of Education's Artswork Visual and Performing Arts Grant Cycle 2003-2004

BOARD OF EDUCATION REPORT NO. 7
Review and Recommendations Regarding Cost of Initial Special Education Nonpublic School Placement
BOARD OF EDUCATION REPORT NO. 8
Liability Insurance

BOARD OF EDUCATION REPORT NO. 9
Routine Personnel Action

BOARD OF EDUCATION REPORT NO. 10
Nonroutine Personnel Actions: Elections of Unclassified Employees to Professional Expert and demotion, Dismissals and Rescission of Suspension-Dismissal of Classified Employees

BOARD OF EDUCATION REPORT NO. 11
South Gate Elementary School No. 6 Dedication of Property to City of South Gate

BOARD OF EDUCATION REPORT NO. 12
South Gate Elementary School No. 6 Easement for Utilities

Mr. Lansing moved that Board of Education Report Nos. 3, 4, 5, 6, 7, 8, 9,10, 11 and 12 be adopted, with an amendment to Board of Education No. 3 that Case No. R119-02/03 be withdrawn.
Ms. Canter seconded the motion.

After discussion and by general consent, the reports as amended were adopted.

President Young made the following announcement:

There will be a public hearing on January 28, 2003, in the Board Room, regarding the resolutions of intention to dedicate easements at South Gate Elementary School No. 6. Those persons who wish to address the Board on the dedications should call Area Code (213) 241- 7002, prior to 10 a.m. the day of the meeting.

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Ms. Young resumed the Order of Business.
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SPECIAL REPORTS (continued)

THE WONDER OF READING &
FULFILLMENT FUND

Mr. Tokofsky introduced Ms. Eiko Moriyama, Director of Partnerships and Adopt-A-School Programs who briefed the Board on the Wonder of Reading and the Fulfillment Fund programs. She mentioned the contributions these two organizations have made to new libraries and books; and introduced Mr. Christopher Forman, President, and Ms. Beth Michaelson, Executive Director of the Wonder of Reading Programs, and Ms. Andrea Cockrum, President and Executive Director of the Fulfillment Fund.

Board Members commented and gave examples of the positive impact these two programs have had on students and the community. The representatives were presented with resolutions commending the Wonder of Reading and the Fulfillment Fund for their contributions.

RECEIPT OF INITIAL NEGOTIATING PROPOSAL

President Young announced:

The Board has received the District's initial negotiating proposal to United Teachers
Los Angeles and Associated Administrators of Los Angeles regarding the single-track and multitrack year round calendars for the 2003-04 school year. There will be another opportunity to address the Board on this proposal at the Special Board Meeting on January 21, and at the Regular
Board Meeting on January 28, 2003, in the Board Room. Those persons who wish to address the Board on the proposal should call Area Code (213) 241-7002, prior to 10 a.m. the days of the meetings.

REPORT POSTPONED FROM REGULAR NOVEMBER 26, 2002, MEETING

BOARD OF EDUCATION REPORT NO. 2
Initial Proposal to United Teachers Los Angeles and Associated Administrators
of Los Angeles Regarding Single-Track and Multitrack Year Round Calendars for the
2003-04 School Year

This item was withdrawn prior to the meeting.

CONSENT CALENDAR

Mr. Howard Watts addressed the Board on the Consent Calendar and other issues.

Ms. Canter moved the adoption of the following report designated as Consent Calendar items in accordance with Board Rule 61:

BOARD OF EDUCATION REPORT NO. 1

Ms. Korenstein seconded the motion, which by general consent was adopted. Mr. Tokofsky was absent.

REGULAR CALENDAR

BOARD OF EDUCATION REPORT NO. 2
Agreements for Master Contracts for Professional Services, Agreement for Professional Services, Amendments to Agreements for Master Contracts for Professional Services,
Amendments to Agreements for Legal Services, Amendments to Agreements for
Professional Services, and Donation of Money

Mr. Lansing moved that the report be adopted with the amendment requested by staff to withdraw Agreement No. 0101568, Meredith & Associates, Inc. Ms. Hayes seconded the motion.


Ms. Canter moved to further amend the report by postponing action on Agreement No. 0200024, National Center on Education and the Economy, to the Regular Board Meeting on February 11, 2003.

Mr. Tokofsky seconded the amendment, which on roll call was adopted, 5 ayes. Ms. Hayes and
Mr. Lansing were absent.

After discussion and on roll call, the report as amended was adopted, 6 ayes. Ms. Hayes was absent. Later in the meeting Ms. Hayes recorded an aye vote on the report.

The final vote was unanimous, 7 ayes.

PUBLIC HEARINGS (Dedications)

Resolutions of Intention to Dedicate Easements at Fremont New Primary Center No. 2, Manual Arts New Elementary School No. 3, and Jefferson New Elementary School No. 1, without consideration, to the City of Los Angeles, and State Street New Elementary School No. 1, without consideration, to the City of Huntington Park.

Mr Crain read:

Reference is made to Board of Education Report Nos. 16 through 19, dated December 10, 2002, wherein the Board adopted resolutions of intention to dedicate, without consideration, portions of, State Street New Elementary School No. 1 to the City of Huntington Park; and Fremont New Primary Center No. 2, Manual Arts New Elementary School No. 3, and Jefferson New Elementary School No. 1 to the City of Los Angeles.

The Board has fixed this meeting as the time and place for the public hearings upon the question of such dedications.

An opportunity is now given to anyone present to file with the Board petitions protesting the proposed dedications, signed by at least ten percent of the qualified electors of the District as shown by the affidavit of one of the petitioners.

No petitions being filed, a motion is now in order to adopt the resolutions and to direct the President and the Deputy Director of Real Estate to sign on behalf of the Board the deeds dedicating said properties.

Mr. Huizar moved:

That the Board of Education of the Los Angeles Unified School District of Los Angeles County, in pursuance of the provisions of Sections 17556 through 17561, inclusive of the Education Code of the State of California, does hereby declare its intention to dedicate a right of way for street purposes to the Cities of Los Angeles and Huntington Park, municipal corporations (hereinafter called Grantee"), all that certain real property situated in the Cities of Los Angeles and Huntington Park, State of California, legally described as follows:

For legal description see Exhibit "A" attached hereto and by this reference made a part of this instrument.



Such dedication is proposed to be made by Grant of Easement and Right of Way for public street purposes, without consideration, under the following conditions:

In the event Grantee ceases to use said real property for the purpose described herein, then all right of Grantee herein shall cease and the above-described property shall revert to Grantor free and clear of the easement or estate hereby granted, and Grantor may reenter and retake full possession of said premises; it being an essential part of the consideration hereof that use by Grantee of said premises for the purpose described herein is a condition for the continuing of Grantee's easement or estate hereunder.

Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee, its agent or employees while exercising the rights granted herein;

And that the President of the Board of Education and the Director of Real Estate be authorized to sign the Deed on behalf of the Board, dedicating said property to the Cities of Los Angeles and Huntington Park.

Mr. Lansing seconded the motion, which by general consent, was adopted.

RECEIPT OF COMMUNICATIONS FOR ACTION AT NEXT BOARD MEETING
(continued)

BOARD OF EDUCATION

Office of the Superintendent No. 1 - 2002-05 Memorandum of Understanding between the Los Angeles Unified School District and the Los Angeles County School Employees Union - Unit B: Assigned to the Consent Calendar

Office of the Superintendent No. 2 - 2002-05 Memorandum of Understanding between the Los Angeles Unified School District and the Los Angeles County School Employees Union - Unit C:
Assigned to the Consent Calendar

Office of the Superintendent No. 3 - 2002-05 Memorandum of Understanding between the Los Angeles Unified School District and the Los Angeles County School Employees Union - Unit F:
Assigned to the Consent Calendar

Office of the Superintendent No. 4 - 2002-05 Memorandum of Understanding between the Los Angeles Unified School District and the Los Angeles County School Employees Union - Unit G:
Assigned to the Consent Calendar

Office of the Superintendent No. 5 - Amendment to the Petition of Valley Community Charter School:
This Item was withdrawn.

Accounting and Disbursements Division No. 1 - Issuance of General Obligation Bonds, Election of 1997, Series F (2003): Assigned to the Regular Calendar

Accounting and Disbursements Division No. 2 - Issuance of General Obligation Bonds, Election of 2002, Series A (2003): Assigned to the Regular Calendar



Budget Services and Financial Planning Division No. 1 - Emergency Closure of Jordan High School on December 10, 2002, and Jordan/Locke Adult School on December 9 and 10, 2002; Attendance Allowance Due to Emergency; Payment of Employees: Assigned to the Consent Calendar

Budget Services and Financial Planning Division No. 2 - Initial Proposal to United Teachers
Los Angeles and Associated Administrators of Los Angeles Regarding Single-Track and Multitrack Year Round Calendars for the 2003-04 School Year: Assigned to the Regular Calendar

Business Services Division No. 1 - Approval of Agreements for Professional Services and Amendments Not Exceeding $250,000, Agreements for Professional Services, Agreements for Professional Services Aggregating Over $500,000, Amendment to Agreements for Legal and Professional Services, and Donations of Money: Assigned to the Regular Calendar

Facilities Services Division No. 1 - Award of Advertised Construction Contracts; Approval of Change Orders; Completion of Contracts; Award of Unadvertised Special Services, Unadvertised and Informal Facilities Contracts; Rejection of Bids, and Cancellation of Contracts: Assigned to the Consent Calendar

Independent Analysis Unit No. 1 - Appointment of a Bond Oversight Committee: Assigned to the Regular Calendar

School Management Services No. 1 - Implementation of Interim Housing Plans to Provide Seats for High School Students: Assigned to the Regular Calendar

FACILITIES COMMITTEE

Facilities Services Division No. 1 - Authorization to Negotiate and Execute a Lease Renewal for Office and Storage Space at the Harbor Building: Assigned to the Consent Calendar

Facilities Services Division No. 2 - Strategic Execution Plan for New Construction Phases I and II: Assigned to the Regular Calendar

Facilities Services Division and Office of Environmental Health and Safety No. 1 - Approval of Project and Mitigated Negative Declaration for State Street Elementary School Playground Expansion: Assigned to the Consent Calendar

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President Young resumed the Order of Business.
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MOTIONS AND RESOLUTIONS FOR ACTION

The following speakers addressed the Board on Mr. Tokofsky's motion regarding "No Sweat" Procurement (Noticed November 26, 2002):

Former State Senator Tom Hayden

Ms. Yvonne Wheeler representing the AFL-CIO

Mr. Andy Griggs representing United Teachers Los Angeles, Human Rights Committee

Ms. Susan Shannon representing Americans for Democratic Action

Mr. Fidel Sanchez

Mr. Pedro Cruz representing United Students Against Sweatshop

Ms. Elina Antoniou

Ms. Ana Cikara

Ms. Antoinette Santiago

Mr. Manuel Ulloa, Jr.

Mr. Tokofsky moved:

Whereas, Conditions of sweatshop labor, impact many thousands of families in Los Angeles, most of them immigrant families, including many parents of children attending Los Angeles public schools;

Whereas, Garments such as uniforms, athletic apparel, and sports equipment such as soccer balls utilized in our public schools are often manufactured in sweatshop conditions, including child labor, in southern California and countries in the global South;

Whereas, Public tax dollars should not be expended to subsidize these sweatshop conditions, but as an incentive to contractors and subcontractors to provide their employees with non poverty wages, and all rights and protections required by law;

Whereas, The Los Angeles Unified School District on December 16, 1996, found that it imports a variety of products including over 800 soccer balls per year, and resolved to "only purchase products that have been certified as having been manufactured without the illegal use of child labor;" and

Whereas, The District recognizes that many colleges and universities in Los Angeles and the United States have adopted "sweatfree" procurement guidelines with beneficial effects; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles direct staff to review and revise its procurement policies to ensure that District contractors and subcontractors do not employ child labor or sweatshop labor; and

Resolved further, That the Board is committed to developing a "sweatfree schools" code of conduct to ensure that the apparel and certain sporting goods purchased, licensed, or required by the District, or any of its schools, be manufactured by responsible employers and include incentives to producers and vendors of school apparel and sporting goods to assure that decent conditions prevail in their factories. This code of conduct shall be developed based on the following principles:

1. non-poverty wages

2. safe and healthy working conditions
3. worker rights to assemble or organize

4. prohibition of child labor

5. compliance with the code

6. disclosure of manufacturing plant locations

7. verification and enforcement mechanisms

8. responsible bidder forms

9. penalties; and

Resolved further, That the Superintendent be directed to create a working group to develop this "sweatfree" code of conduct, composed of appropriate District staff, employee representatives, union representatives, garment worker advocates, students, and experts in the field; and

Resolved further, That the Superintendent direct appropriate staff with technical knowledge or experience in current procurement policies to assist the working group in its considerations; and be it finally

Resolved, That the working group report its findings and recommendation to the Board no later than March 15, 2003.

Mr. Huizar seconded the motion, which by general consent was adopted.

Ms. Canter's motion regarding Board Member Code of Conduct (Noticed November 26, 2002) was postponed to the Regular Board Meeting on January 28, 2003.

Resolved, That the Board of Education shall abide by the following Code of Conduct:

1. The Board shall provide counsel and direction to management and shall not be involved in the day-to-day affairs of the District.

2. Board Members do not have individual power or authority over the District. That power and decision-making authority lie with the full Board.

3. Board Members are expected to attend all Board meetings and become fully informed concerning the issues to be considered at those meetings.

4. Board Members shall endeavor to make policy decisions only after consideration of discussion and citizen comment at publicly held meetings and shall make policy decisions keeping in mind the interests of all the District's student.

5. Board Members shall communicate to other Members and the Superintendent expressions of public reaction to Board policies and school programs.

6. Board Members are encouraged to take advantage of opportunities to inform themselves about current educational issues by individual study and through participation in programs providing needed information and to disseminate information to other Members.
7. Board Members shall respect other Board Member's District boundaries and notify the Member whenever they plan to visit a school or office or attend an event within another
Board District.

8. Board Members shall encourage employment of persons best qualified to serve as employees of the District.

9. Board Members shall insist on regular and impartial evaluations of staff and programs.

10. Board Members shall not publicly engage in personal attacks on District employees or attempt to discipline any employee. Any concerns regarding an employee's performance shall be communicated to the Superintendent. Any concerns regarding the performance of an individual who reports directly to the Board shall be communicated to that person. Nothing in this section limits the right of the Board to evaluate Board direct reports.

11.Board Members will recognize that the Board President is the official voice of the Board and that Members have the responsibility to identify themselves with personal statements to the media or to the public.

12. Board Members shall respect the confidentiality of all privileged information, including that discussed in closed session.

13. Board Members shall abide by the District's Conflict of Interest and Ethics Codes.

14. Board Members shall use objective judgment in voting on a procurement award.

15. Board Members, their staff, and their agents shall not attempt to influence contract awards.

16. Before the staff recommendation for an award is made public, Board Members, their staff, and their agents shall only communicate with the Superintendent or his or her designee regarding the procurement.

17. Board Members, their staff, and their agents shall not attempt to obtain information about the recommendation of the award of a contract until the recommendation is made public.

18.Board Members shall not release information about procurement awards to the public until the award recommendation is made public.

19.If a Board Member attempts to communicate with District staff to influence the recommendation on a procurement award or a contract, this communication shall be reported by staff to the Inspector General.

Resolved further, That sanctions for violations of the Board Member Code of Conduct shall be determined by the Board and shall depend upon the severity of the infraction and may be progressive unless the violation is determined to be so egregious as to warrant more severe action initially. The Board may consult with the Inspector General for an opinion regarding the sanctions appropriate to any particular violation, and be it

Resolved finally, that the Board of Education of the City of Los Angeles direct the Special Counsel to the Board and the Executive Officer of the Board to amend the Board Rules for the operation of the Board of Education to include this Code of Conduct.
Substitute Motion

Resolved, that each Board Member shall abide by the following Code of Conduct:

1. Keep the district focused on learning and achievement for all students.

a. Board Members shall keep learning and achievement for all students as the primary focus.

b. Board Members shall value, support and advocate for public education.

c. Members shall communicate to other Board Members and the Superintendent expressions of public reaction to Board policies and school programs.

2. Communicate a common vision.

a. Board Members shall understand that authority rests with the Board as a whole and not with individuals.

b. Board Members shall recognize that the Board President is the official voice of the Board and that Members have the responsibility to identify themselves with personal statements to the media or to the public.

c. Board Members shall respect other Board Member's District boundaries and notify the Board Member whenever they plan to visit a school or office or attend an event within another Board District.

d. Board Members shall take collective responsibility for the Board's performance and periodically evaluate its own effectiveness.

e. Board Members shall participate in professional development and commit the time and energy necessary to be an informed and effective leader.

3. Operate openly, with trust and integrity.

a.Board Members shall endeavor to make policy decisions only after consideration of discussion and citizen comment at publicly held meetings and shall make policy decisions keeping in mind the interests of all the District's students.

b. Board Members shall attend all Board meetings and become fully informed concerning the issues to be considered at those meetings.

c. Board Members shall abide by the District's Conflict of Interest and Ethics Codes.

d. Board Members shall keep confidential matters confidential.

4. Govern in a dignified and professional manner, treating everyone with civility and respect.

a. Board Members shall recognize and respect differences of perspective and style on the Board and among staff, students, parents and the community.


b. Board Members shall act with dignity, and understand the implications of demeanor and behavior.

c. Board Members shall ensure opportunities for the diverse range of views in the community to inform Board deliberations.

5. Govern within Board-adopted policies and procedures and respecting the role of the Superintendent as chief executive of the Los Angeles Unified School District.

a.Board Members shall understand the distinctions between Board and staff roles, and refrain from performing management functions that are the responsibility of the Superintendent and staff.

b.Board Members shall not publicly engage in personal attacks on District employees or attempt to discipline any employee. Any concerns regarding an employee's performance shall be communicated to the Superintendent. Any concerns regarding the performance of an individual who reports directly to the Board shall be communicated to that person. Nothing in this section limits the right of the Board to evaluate Board direct reports.

c.Board Members shall be responsive to their constituents, shall convey their constituents' concerns to the Superintendent, and shall follow-up with the Superintendent to see that their constituents' concerns are addressed.

d. Use objective judgment in voting on procurement awards.

6.Board Members, their staff, and their agents shall not attempt to influence contract awards.

a.Before the staff recommendation for an award is made public, Board Members, their staff, and their agents shall only communicate with the Superintendent or his or her designee regarding the procurement.

c.Board Members, their staff, and their agents shall not attempt to obtain information about the recommendation of the award of a contract until the recommendation is made public.

d.Board Members shall not release information about procurement awards to the public until the award recommendation is made public.

e.If a Board Member attempts to communicate with District staff to influence the recommendation on a procurement award, this communication shall be reported by staff to the Inspector General; and

Resolved further, That sanctions for violations of the Board Code of Conduct shall be determined by the Board and shall depend upon the severity of the infraction and may be progressive unless the violation is determined to be so egregious as to warrant more severe action initially. The Board may consult with the Inspector General for an opinion regarding the sanctions appropriate to any particular violation; and, be it finally

Resolved, That the Board of Education direct the Executive Officer of the Board to amend the Rules for the Operation of the Board of Education to include this Code of Conduct.

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President Young passed gavel to Mr. Huizar
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Mr. George Buzzetti addressed the Board on Ms. Canter's motion regarding Participation in Business Improvement District's Policy (Noticed November 26, 2002).

Ms. Canter stated that due to the financial condition of the District, she was withdrawing the motion at this time.

Whereas, Business Improvement District's (BID's) provide an opportunity for the District and individual schools to build a strong relationship with the business community at the local school level;

Whereas, BID's provide a significant collective benefit to all participants, whether they are businesses or not, which include added security, area cleanup, and other special projects;

Whereas, The Board of Education recognizes that there are specific elements of BID's that are more relevant to commercial uses than District uses, and as an educational institution, the District should not be expected to meet the same assessment burden as a for-profit enterprise;
Whereas, There are currently four District properties within BID areas where the District has not paid assessments for lack of a central policy; now, therefore, be it

Resolved, That the District shall pay the amounts owed in back assessments to the BID's in which currently it owns property;

Resolved, That it shall be the policy of the District to participate in BID's when such participation clearly benefits a District school or property within the BID's based on the following policy:

School Site Assessment Levels

High School: 50% of assessment on front footage and building square footage, 25% of assessment on parcel size

Middle School: 45% of assessment on front footage and building square footage, 25% of assessment on parcel size

Elementary School: 40% of assessment on front footage and building square footage, 25% of assessment on parcel size

Services

At a minimum, BID's will be expected to provide the following services in exchange for District participation:

  • Clean and Safe Services

Street Cleaning
Trash Removal
Pressure Washing
Graffiti Removal
Security Patrols


Mentoring Programs
Adopt a School
Employment Opportunities
Scholarships
Internships

In Kind Contributions

As a member of the community and in recognition of the reduced rate provided to the District, individual schools may provide in kind services to the BID's. These might include:

Equipment Parking or Storage (Space Permitting)
Student Volunteers for Events
Class projects that benefit the BID's such as website design or maintenance for BID

Vacant Lots/Building, Schools Under Construction: Assessment Levels and Services

Due to the ongoing facilities construction program, the District has a large number of vacant lots that are under development. These lots would have minimum impact on an area and would require only reduced Clean and Safety Services from a BID. The District would participate at the vacant lot rate until such time as construction is completed at which point the assessed rate should reflect the most current use. If the lot is anticipated to become a school, participation would carry the expectation of the full range of services as described above upon commencement of school operations. During vacancy and construction periods, the District recognizes its responsibility to provide its own site security and maintain vacant lots, buildings, and construction sites.

Vacant Lot/Lot Under Construction: 15% of assessment until construction is completed and operations commence

Construction Administrative Offices, Industrial Facilities

The District has several administration and industrial facilities. These facilities take advantage of services provided by a BID and should participate. Services that would benefit such facilities would primarily be the Clean and Safe Services,

Administrative Offices/Industrial Facilities: 50% of assessment of comparable uses.

Leased Property

It shall be the responsibility of the lessee to pay the full cost of the assessment based on standard commercial rates for like uses as prescribed by the BID. Decision making authority in this matter will be delegated to the lessee. The District will not be a party to those negotiations nor will it pay any assessment. Should the District terminate the lease, it will pay the assessment based on the most current use of the property within the terms discussed above.

Approval and Administration of BID Agreements

Approval and Administration of Agreements with BID's will be delegated to the Chief Operating Officer. While this policy sets a standard for agreements with BID's, the actual terms of participation will be negotiable under the supervision of the Chief Operating Officer. There may be occasions when alternative formulas are more relevant for setting assessment levels. In the event that service levels are different or assessment levels need to be adjusted, the Chief Operating Officer may make such decisions. In addition, the Chief Operating Officer should designate a District representative to participate in the BID formation process and as a member of the governing board or relevant committee. Such a representative would preferably be from the local school or facility in question, but could also be appointed from the local district, or from the central office.

Substitute Motion

Whereas, Business Improvement Districts (BID's) provide an opportunity for the School District and individual schools to build a strong relationship with the business community at the local school level;

Whereas, BID's provide a significant collective benefit to all participants, whether they are businesses or not, which include added security, area cleanup, and other special projects;

Whereas, The Board of Education recognizes that there are specific benefits provided by BID's that are more relevant to commercial uses than School District uses and that District may not receive the same level of benefit as traditional commercial uses, and further recognizes that school sites encompass significant open space as a design requirement that does not require a greater dedication of BID services, and in light of these factors should not be expected to meet the same assessment burden as a commercial enterprise;

Whereas, There are currently four District properties within BID areas where the District has not paid assessments for lack of a central policy, now, therefore, be it

Resolved, That the District shall pay the amounts owed in back assessments to the BID's in which currently it owns property, subject to negotiation by the Superintendent; and

Resolved further, That while participation in a BID is deemed voluntary by the Board of Education, it shall be the policy of the District to participate in property-based BID's when such participation clearly benefits a District school or property within the BID's based on the following policy:

School Site Assessment Levels

High School: 50% of assessment on front footage and building square footage, 25% of assessment on parcel size Middle School: 45% of assessment on front footage and building square footage, 25% of assessment on parcel size Elementary School: 40% of assessment on front footage and building square footage, 25% assessment on parcel size

Services

At a minimum, BID's will be expected to provide the following services in exchange for District participation:

Clean & Safe Services


Education Committee

Business Improvement Districts should create a standing Education Committee within the governance structure that can be expected to coordinate the relationship between the business community and the school. Possible benefits and activities could include:

  • Mentoring Programs
  • Adopt A School
  • Employment Opportunities
  • Scholarships
  • Internships
In Kind Contributions

As a member of the community and in recognition of the reduced rate provided to the District, individual schools may provide in kind services to the Business Improvement Districts. These might include:

  • Equipment parking or storage (space permitting)
  • Student volunteers for events
  • Class projects that benefit the BID(such as website design or maintenance for BID)

Vacant Lots/Building, Schools Under Construction: Assessment Levels and Services

Due to the ongoing facilities construction program, the District has a large number of vacant lots that are under development. These lots would have minimal impact on an area and would require only reduced Clean and Safe services from a BID. The District would participate at the vacant lot rate until such time as construction is completed at which point the assessed rate should reflect the most current use. If the lot is anticipated to become a school, participation would carry the expectation of the full range of services as described above upon commencement of school operations. During vacancy and construction periods, the District recognizes its responsibility to provide its own site security and maintain vacant lots, buildings and construction sites.

Vacant lot/lot under construction: 15% of assessment until construction is completed and operations commence

Construction Administrative Offices, Industrial Facilities

The District has several administration and industrial facilities. These facilities take advantage of services provided by a Business Improvement District and should participate. Services that would benefit such facilities would primarily be the Clean and Safe services.

Administrative offices/Industrial Facilities: 50% of assessment of comparable uses.


District Owned Property Leased to a Third Party

For existing BID's in which the District leases property to a third party, it shall be the responsibility of the lessee to pay the full cost of any BID assessments based on standard commercial rates for like uses as prescribed by the Business Improvement District. This policy shall be included within the terms of
any new leases or lease renewals. In the case of formation of new BID's, decision making authority with regard to BID participation and negotiations as to assessments (to the extent that is allowed by state law) will be delegated to the lessee. The District will not be a party to those negotiations. The Lessee shall assume the full amount of any assessment burden resulting from the formation of new BID's. Such requirements shall be included within the terms of any new lease or lease renewal. Should the lease with the District be terminated, the District will participate based on the terms discussed in this policy and on the most current use of the property.

Approval and Administration of BID Agreements

Final approval and administration of agreements with Business Improvement Districts will be delegated to the Chief Operating Officer. In the case of schools sites, approval will be conditioned on a formal determination by the local District Superintendent that the BID would provide benefit to the school based upon the following: 1) a recommendation by the site Principal that the BID arrangement would be of benefit to their school site; and, 2) A commitment by the principal to designate a school stakeholder (assistant principal, teacher, parent, etc) as a representative to participate in the BID formation and/or governance. The Office of the Chief Operating Officer shall assist in negotiations of assessment and services based on this policy. In the case of all other sites, the Chief Operating Officer shall designate a District representative to participate in the BID formation process and as a member of the governing Board or relevant committee.

While this policy sets a standard for agreements with Business Improvement Districts, the actual terms of participation are negotiable under the supervision of the Chief Operating Officer. There may be occasions when alternative formulas are more relevant for setting assessment levels. In the event that service levels are different or assessment levels need to be adjusted, the Chief Operating Officer may make such decisions.

Ms. Korenstein moved a waiver of Board Rule 72 to allow action on her motion regarding High Risk Land Use. Mr. Lansing seconded the motion, which by general consent was adopted. Ms. Hayes and Mr. Tokofsky were absent.

Dr. Dyan Lal, Principal at Jordan High School, addressed the Board on the motion.

Ms. Korenstein moved:

Whereas, The Atlas Iron and Metal Recycling facility is located immediately adjacent to Jordan High School, and operations at the facility include thermal cutting of metals and the use of hazardous materials, and such operations potentially expose students and staff to objectionable odors and airborne pollutants that present a risk of illness or injury;

Whereas, Recent events at the facility have led to explosions which have propelled metal objects onto the school grounds, dangerously exposing school occupants to risk of serious injury;

Whereas, Federal, State and local agencies have established regulations governing such facilities in the interest of protecting the public against excessive risk of injury, illness or death, whether the result of normal operations, or by the occurrence of industrial accidents;

Whereas, The establishment of many such facilities may predate the more stringent health protective land use statutes enacted in recent years, and may be operating under conditional use permits that require periodic review to ensure the safety of continued operations; now, therefore, be it

Resolved, That the Board of Education of the City of Los Angeles direct the Office of Environmental Health and Safety, with assistance from the Office of General Counsel, to confer with the appropriate regulatory agencies in implementing all necessary corrective actions to ensure the health and safety of students and staff at Jordan High School, including the possible closure of the Atlas Iron and Metal Recycling facility; and

Resolved further, That the Board direct the Office of Environmental Health and Safety to secure from the relevant agencies, including the U.S. Environmental Protection Agency (EPA), the City and County Fire Departments, the County Department of Public Works, the City Planning Department, and the California Department of Toxic Substances Control, all pertinent land-use records that identify "high risk facilities" situated immediately adjacent to District schools ("high risk facility" is defined as an industrial facility whose normal operation presents a risk of explosion, or may potentially expose school occupants to hazardous air emissions), and

Resolved, That the Board direct the Office of Environmental Health and Safety to review the aforementioned information and compile an inventory of schools immediately adjacent to "high-risk facilities", and that this inventory include a priority ranking of the identified schools based on the level of potential risk to students and staff, and that the priority ranking be designed to guide necessary intervention measures to prevent potential injuries and illnesses, and be it

Resolved, That it is the intent of the Board that this motion be implemented on a pilot basis in District I or any self identifying schools, and that the Director of the Environmental Health and Safety Branch report back to the Board by the end of March with recommendations on expansion of this motion Districtwide; and be it finally

Resolved, That the Board direct the Office of Environmental Health and Safety to confer with the relevant government agencies to assess the need for State legislation to address the issue of "high risk facilities" in proximity of adjacent to schools.

Mr. Lansing seconded the motion, which by general consent was adopted. Ms. Hayes and
Mr. Tokofsky were absent.

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President Young assumed the Chair.
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APPROVAL OF MINUTES

Ms. Korenstein moved the approval of the Special 3:00 p.m., October 22, 2002 minutes of the governing board of the Los Angeles Unified School District.

Ms. Canter seconded the motion, which by general consent was adopted. Ms. Hayes and
Mr. Tokofsky were absent.


REPORT OF CORRESPONDENCE

Ms. Canter moved that the recommended disposition of the items of correspondence as indicated
in the report be approved. Ms. Korenstein seconded the motion, which by general consent was adopted. Ms. Hayes and Mr. Tokofsky were absent.

MISCELLANEOUS BUSINESS

SPEAKERS

The following speakers addressed the Board on the subjects indicated:

Mr. Andy and Ms. Norma Pedregon Uniform Complaint

Mr. Gene Krischer, Friends of the Children Accountability/Budget

Ms. Ruth Sarnoff Accountability

Mr. Manuel Aldana Education

Ms. Michelle Brewer Lack of Classroom Textbooks

Mr. Martin Gonzalez Removal of Bilingual Stipends for Teachers

Mr. Michael Ontell Removal of Bilingual Stipends for Teachers

Mr. Mario Vasquez Loss in Excess of Contract Limits

Mr. Bill Ring Public Comment

Ms. Lorena Jaramillo Accountability

Mr. Aureliano Cortes Accountability

MEETING, CONFERENCE AND CONVENTION MOTIONS
AND ANNOUNCEMENTS

Ms. Canter moved to schedule a Special Board meeting for Tuesday, January 21, 2003, at 12:00, to discuss the school calendar and any other subject. Mr. Huizar seconded the motion, which by general consent was adopted. Ms. Hayes, Ms. Korenstein and Mr. Tokofsky were absent.

Mr. Crain announced:

The January 2, 2003, meeting of the Business, Finance, Audit and Technology Committee has been rescheduled to Thursday, January 23, 2003, at 10 a.m. in the Board Room.

The Curriculum Committee Meeting will take place on Thursday, January 23, 2003, at 10 a.m. and the Business, Finance, Audit and Technology Committee Meeting will take place the same day at 1:00 p.m. in the Board Room.


Mr. Tokofsky announced his intention to introduce motions regarding Gifted Education and Physical Education.

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On motion by Mr. Huizar, seconded by Ms. Canter the meeting was adjourned in memory of
Mr. Lloyd Monserrat, Mr. Hugo Flores, Ms. Essie Thomas, Ms. Margaret Jones, Mr. Don Schwartz and Ms. Melinda Lansing, by general consent at 7:07 p.m.

APPROVED BY BOARD: February 25, 2003



______________________________________ _________________________________
CAPRICE YOUNG JEFFERSON CRAIN
PRESIDENT EXECUTIVE OFFICER OF THE BOARD

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