MINUTES 3-3-2010 _F__1 by doocter


									             Fresno County Committee on School District Organization
                              County of Fresno

                             Wednesday, March 3, 2010, 6:00 p.m.

               Central Unified School District - Central High School East Campus Library
                                3535 Cornelia, Fresno, California 93722


Chairperson Michael E. O’Hare called the meeting to order at 6:03 p.m.


Susan Bailey, Recording Secretary, called roll. There are eleven Committee seats. Six members establish
a quorum. Votes are recorded in the following order: For-Against-Absent-Abstain.

Members present: Paul Betancourt (arrived at 6:08 p.m.), Frank Butterfield, Dr. Allen Clyde, Glenn
Holly, Ken Marcantonio, Joanie Martin, Joan Minasian, Michael E. O’Hare, Margaret Sharp, Anthony
Pings (arrived at approximately 6:30 p.m.), Dr. Larry Wilder.

Members absent: Joanie Martin.

No vacancies. Quorum established at time of roll call.

Others present: Linda Bacon, Legal Counsel, Fresno County Office of Education (“FCOE”); Jan Biggs,
Senior Administrator, FCOE; Mike Berg, Superintendent, Central Unified School District (“CUSD”);
CUSD Board Members Terry Cox and Cyndi Berube; CUSD Legal Counsel Mike Smith; Douglas
Johnson, National Demographics; Sheli Klein and others.

No additions or corrections were made to the agenda. The agenda stands as approved.


Public Hearing Issue: Whether the Fresno County Committee on School District Organization
(“FCCSDO”) shall approve the Central Unified School District (“CUSD”) Board of Trustee’s
Resolution No. 09/10-30 to adopt a change in the method of electing members of the CUSD Board from
“trustee area” elections, Cal. Educ. Code § 5030(c), to “by-trustee area” elections, Cal. Educ. Code §
5030(b), for the 2010 election of CUSD trustees, and to adopt Plan C-2, pursuant to Cal. Educ. Code §
5019(a), for mid-decade revision of trustee electoral districts to equalize the population of the trustee
areas for the 2010 election

        A. Open Public Hearing

            Chairperson O’Hare opened the public hearing at 6:06 p.m.

        B. Introductions and the Role of the FCCSDO

            Mr. Biggs introduced CUSD Superintendent Mike Berg. Mr. Berg introduced the CUSD
            board members in attendance, CUSD legal counsel, the demographer, and Sheli Klein.

        C. Explanation of the Proposal

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          Legal Counsel explained the role of the FCCSDO in regards to the matter before the
          Committee. If the FCCSDO approves the proposed resolutions, CUSD will apply for a
          waiver from the State Board of Education (“SBE”) as to the November 2010 election. CUSD
          seeks to change its method of electing trustees and trustee areas.

       D. Public Hearing Procedural Guidelines

          Mr. Biggs explained the public hearing procedures. The proponents of the proposals will
          have 15 minutes to speak. Speakers in support and speakers in opposition to the proposals
          will have 3 minutes each to speak for a total of 20 minutes for each group.

       E. Presentation by Proponents of the Proposal (CUSD)

          Superintendent Berg presented on behalf of the CUSD. Mr. Berg provided general CUSD
          information and explained the activities of the CUSD prior to the Board of Trustees taking
          action to change the election method and establishing new boundaries for consideration. The
          FCCSDO received a packet of information for review prior to the hearing. The following
          items were presented:

          1. District and board demographics.

          2. Guiding principles of the CUSD.

          3. Current trustee areas and the trustee electoral system.

FCCSDO Member Betancourt arrived at 6:08 p.m.

          4. District chronology of activities.

          5. Chronology of public participation plan that was implemented. Stakeholder meetings
             were held January 2010. Information was disseminated via: website, Fresno Bee, posting
             in prominent places, and automated web-based phone system in order to reach every
             student’s home (27,000).

          6. Proposed implementation plan of the election and boundary changes.

          7. Each of the new seven trustee areas would have a population of approximately 6,826
             (Total population 47,784).

          8. Other information provided: ethnicity analysis, goals, tradeoffs, proposed trustee areas
             (Plan C-2) and rational for those areas.

       F. Speakers in Support of the Proposal


       G. Speakers in Opposition to the Proposal


       H. Summation/Closing Statements

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             Discussion. FCCSDO members asked questions about the census and population totals. Legal
             Counsel stated that census information is required to be released by April 1, 2011, and the
             districts then have one year in which to adjust their boundaries if necessary. The FCCSDO is
             not required to be involved unless a district fails to review its census information and take
             action. Mr. Johnson of National Demographics stated that trustee areas are delineated by total
             population and not registered voters.

             i.       Proponents of the Proposal (CUSD)

                      No additional statements.

             ii.      Opponents of the Proposal


        I.   Close Public Hearing

             Chairperson O’Hare closed the public hearing at 6:30 p.m.

FCCSDO Member Pings arrived at approximately 6:30 p.m.


Chairperson O’Hare opened the Business Meeting at 6:30 p.m.

V.      FCCSDO Deliberates and Takes Action to Approve/Disapprove CUSD’s Proposal to
        Change to By-Trustee Area Election Method and to Adopt Plan C-2 Revision of Trustee
        Areas FCCSDO Resolution No. 2010-04

Chairperson O’Hare stated, “The Fresno County Committee on School District Organization is
deliberating and taking action to approve or disapprove Central Unified School District’s proposal to
change to by-trustee area election method and to adopt Plan C-2, revision of trustee areas and we also
have a resolution by our board which will be our Resolution 2010-04.”

Member Sharp stated, “I move for approval.” Member Butterfield stated, “Second.” No discussion.
Motion passed (9-0-1-1).


Approval of the February 24, 2010 minutes was tabled until the next meeting.


        A. Correct Minutes from April 15, 2009 Public Hearing/Meeting

             Legal Counsel provided the FCCSDO with a memo regarding the need to correct the minutes
             of the April 15, 2009 meeting, which acknowledged receipt of CUSD’s April 10, 2009 letter.
             The letter was not regarding a self-study, and the minutes should state the letter was in regards
             to CUSD’s vote on March 24, 2009 to change its current “from trustee area” method for the
             electing of trustees to a “by-trustee area” method, and that the CUSD Board would ratify the
             decision by adopting a formal resolution at its April 28, 2009 meeting.

             Member Minasian moved to adopt the correction of the April 15, 2009 minutes. Member
             Sharp seconded the motion. No discussion. Motion passed unanimously (10-0-1-0).

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            Agenda Items VII. B, C, and D: Legal Counsel stated that although the FCCSDO has
            approved the change of election method and boundary plans of the three districts, and would
            like the FCCSDO to approve the resolutions so that copies of the resolutions may be sent to
            the State Board of Education and the Fresno Elections Office as opposed to sending copies of
            FCCSDO minutes.

            The FCCSDO held a discussion regarding items B, C, and D.

      B. Ratification of FCCSDO Resolution No. 2010-01(Fresno Unified School District)

         Legal Counsel stated that one correction needs to be made to Resolution No. 2010-01: the vote to
         approve was not unanimous and should read 7-1-3-0.

      C. Ratification of FCCSDO Resolution No. 2010-02 (State Center Community College District)

      D. Ratification of FCCSDO Resolution No. 2010-03 (Fowler Unified School District)

         Member Clyde made a motion to approve Resolutions 2010-01 as corrected, 2010-02, and 2010-
         03 and to direct FCOE to provide resolutions that will accompany action items on future agendas.
         Member Wilder seconded the motion. Motion passed (8-2-1-0). Members O’Hare and Pings
         voted against the motion. Member Martin was absent from the meeting.

      E. Acknowledge receipt of West Fresno Elementary Resolution No. 200910-9

         Resolution No. 200910-9, page 3, states “1. By this resolution, and pursuant to Education Code
         sections 5019, 5020, 5030 and other applicable provisions of law, the State Administrator,
         exercising the authority of the Board of Trustees, hereby requests that the County Committee
         approve the adoption of a change in the method of electing the members of the Board of Trustees
         of the West Fresno Elementary School District from the at-large method specified in Education
         Code section 5030(a) to the by-trustee area method specified in Education Code section 5030(b),
         to be implemented beginning with the 2010 Board election.”

         Member Pings made a motion to accept receipt of Resolution No. 200910-9 from the State
         Administrator and Advisory Board of the West Fresno Elementary School District. Member
         Clyde seconded the motion. Motion passed unanimously (10-0-1-0).




The FCCSDO will hold the following dates for a possible meetings/hearings: Wednesday, April 14;
Wednesday, May 12; Wednesday, May 19, 2010.


Member Minasian moved to adjourn the meeting. Member Wilder seconded the motion. Motion passed
unanimously (10-0-1-0). The meeting adjourned at 6:44 p.m.

APPROVED: May 12, 2010

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