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Special Meeting of the Board of Education
Irvine USD
March 22, 2016 7:00PM
IRVINE UNIFIED SCHOOL DISTRICT Administrative Center 5050 Barranca Parkway Irvine, CA 92604 7:00 p.m. Special Meeting

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
Minutes:
President Bokota called the meeting to order at 7:04 p.m.

The Pledge of Allegiance to the Flag of the United States of America was led by Member Wallin and was followed by a moment of silence in memory of the victims of the attacks in Belgium.

Members Present:
Paul Bokota
Lauren Brooks
Ira Glasky
Michael Parham
Sharon Wallin

Staff:
Terry L. Walker, Superintendent of Schools
John Fogarty, Assistant Superintendent, Business Services
Cassie Parham, Assistant Superintendent, Education Services
Raianna Chavez, Executive Assistant to the Superintendent

Other Staff:
Kelvin Okino, Lorrie Ruiz, Brianne Ford, Stephen Bayne, Joe Hoffman, John Pehrson, Janelle Cranch, Therese Sorey, Martin Danko, Jennifer Payton, Don Grudem, Gus Talamantes
2. ADOPTION OF AGENDA
Recommended Motion:
Adopt the agenda, as presented.
Actions:
Motion
Adopt the agenda, as presented. Passed with a motion by Sharon Wallin and a second by Lauren Brooks.
Vote:
Yes Paul Bokota.
Yes Lauren Brooks.
Yes Ira Glasky.
Yes Michael Parham.
Yes Sharon Wallin.
Quick Summary / Abstract:
Adopt the agenda, as presented.
3. * ITEM OF BUSINESS
Actions:
Motion
President Bokota requested a motion to extend the 30 minute oral communication for public comment on the topic to 90 minutes. Passed with a motion by Michael Parham and a second by Lauren Brooks.
Vote:
Yes Paul Bokota.
Yes Lauren Brooks.
Yes Ira Glasky.
Yes Michael Parham.
Yes Sharon Wallin.
3.1. DTSC Draft Workplan for Additional Confirmational Testing at Portola High School
Rationale:
IUSD and Heritage Fields El Toro, LLC (“Heritage Fields”) previously entered into a School Mitigation Agreement and a High School Site Purchase Agreement which provide, in part, for the transfer of land to construct the Portola High School.  The timing of the need for a Fifth High School was triggered by enrollment projections pursuant to the terms of the School Mitigation Agreement. The construction of the site is on schedule and is 20 months into its 26 month schedule.

Throughout the multi-year process, IUSD has worked with all necessary agencies and experts to vet and ensure the safety of the site.  In analyzing and determining the best location for Portola High School, IUSD's process, procedures and findings have been based on the scientific studies, tested principles and protocols of such agencies as the California Department of Education, the California Department of Toxic Substances Control (DTSC), the California Department of Public Health, the Department of the Navy, and the U.S. Environmental Protection Agency. 

In accordance with the requirements for site approval from the California Department of Education (CDE), IUSD completed a Preliminary Environmental Assessment (PEA) Report.  The purpose of the PEA is to evaluate historical information for indications of past use, storage, disposal or release of hazardous wastes/substances at the site; establish the nature of hazardous wastes/substances that may be present in soil at the site, their concentration and general context; and estimate the potential threat to public health and/or the environment posed by hazardous constituents at the site.

In spring 2014, IUSD received approval from DTSC of the Preliminary Environmental Assessment Report.  The PEA was conducted, in accordance with a DTSC approved PEA Workplan, to evaluate potential impact from historic onsite and offsite activities.  DTSC determined that all chemicals evaluated in soils samples were either below background or risk-based levels.  The PEA Report concluded that no further assessment was needed on the site.  In addition, DTSC reviewed the PEA public comments and determined that revision of the PEA Report was not necessary.  Based on DTSC's review of the PEA Report and consideration of public comments, neither a release of hazardous material nor the presence of a naturally occurring hazardous material which would pose a threat to public health or the environment under unrestricted land use was indicated at the site.

In fall 2014, excavation of a storm drain, by Heritage Fields, adjacent to the Portola High School site revealed stained soil; a thin layer of the stained soil extended onto the Portola High School site.  DTSC was notified immediately and testing of the stained soil was conducted. Results of the stained soil indicated nonhazardous levels of hydrocarbons (diesel fuel). In addition, the stained soil samples included chemicals that were either below risk-based detection limits or far below levels of concern to human health.  Based on the analytical results, DTSC concurred with the recommendation that no further assessment or testing was required.

To date, IUSD has conducted more than 200 tests throughout the school site.  Based on the results, DTSC confirmed there is no threat to public health or the environment.  As part of DTSC's continued oversight, DTSC has now asked IUSD to collect additional samples to reaffirm the safety of the site.

IUSD staff recently met with DTSC representatives at the Portola High School site to develop a draft Workplan which will identify areas for new sampling and to establish a timeline.  DTSC reiterated its support for the project and indicated that the additional sampling is to validate previous approvals. IUSD has and will continue to fully comply with the DTSC's requirements, protocols and procedures, in addition to state and local laws.

The intent of this agenda item is to discuss in an open public meeting the draft Workplan and to receive public comments.  No action is required by the Board on this matter.


IUSD/Fogarty/Okino
Board Agenda
March 22, 2016

Attachment
 
Financial Impact:
To be determined.

Recommended Motion:
For discussion.
Minutes:
Superintendent Terry Walker welcomed the attendees. Assistant Superintendent John Fogarty outlined the presentation, and introduced Dot Lofstrom, Division Chief & Acting Deputy Director for the Department of Toxic Substances Control (DTSC). Director Lofstrom reviewed the DTSC’s purpose and provided background information related to DTSC’s involvement with the additional testing at the Portola High School site.

Dwayne Mears, Principal at PlaceWorks reviewed the extensive testing and approval process of the Portola High School site. He also reviewed the proposed draft additional confirmational testing workplan, consisting of 10 subsurface testing locations, for submittal to DTSC.

Following the presentation President Bokota opened the floor for public input at 8:02 p.m.

Speaking to the topic:
Susan Sayre
Trudy Papson
Roger Sievers
John Pehrson
Ahmed Shama
Farrah Khan
Therese Sorey
Larry Agran
Phyllis Agran
Harvey Liss
Jake Jacobs
Gail Lewis
Marilyn Vassos
Angelo Vassos
Mary Edmonds
Alan Meyerson
Sharon Sircello Toji
Henry King
Ed Pope
Ira Lewis
Iyad Afalqa
Rami Maymonn
Shiva Farivar
Janelle Cranch
Chris King

President Bokota concluded the public input at 9:22p.m.

President Bokota accumulated audience questions for Denise Clendening of PlaceWorks and Dot Lofstrom and Dan Gallagher of DTSC to answer.

President Bokota called a recess at 9:34p.m. and reconvened the meeting at 9:48p.m.

President Bokota permitted Dr. Harvey Liss to have the floor, as an opportunity to hear an exchange of ideas.

Again Denise Clendening of PlaceWorks and Dot Lofstrom and Dan Gallagher of DTSC explained the scientific protocols and accepted industry practices for environmental testing. Director Lofstrom shared the requested soil gas and soil testing depths had been revised to five and 15 feet depths due to the grading that had taken place on the site.

In response to an audience question concerning additional testing on the site in five year intervals Denise Clendening stated it was not standard practice, as there is no anticipated new source of materials. Director Loftstrom concurred that additional materials are not likely, adding that the groundwater flows away from the site. She noted DTSC would not require interval testing, but stated it could be a prudent idea.

Director Lofstom stated the DTSC received letters of concern regarding the Portola High School site and felt there was enough public concern to justify requesting additional sampling as school sites are highly protected. Geologist Dan Gallagher of DTSC selected the additional sample locations and number of samples. Director Loftstrom stated DTSC would not compel further testing over what they have already requested.

Board members asked questions and reiterated that safety is the highest priority.

Superintendent Walker summarized the audience’s concerns and affirmed the district wants 110% confidence in the safety of this site for students and staff.

Members Parham and Bokota directed DTSC to increase the additional sampling and to identify and locate the sampling locations.
Attachments:
Confirmation Sampling Tech Memo Workplan Portola High School
4. ADJOURNMENT
Recommended Motion:


Actions:
Motion


Passed with a motion by Michael Parham and a second by Sharon Wallin.
Vote:
Yes Paul Bokota.
Yes Lauren Brooks.
Yes Ira Glasky.
Yes Michael Parham.
Yes Sharon Wallin.
Quick Summary / Abstract:

The District will make every attempt to accommodate any attendee or participant at this meeting who needs special assistance, when notice is given to the Superintendent's Office 949.936.5000 at least 48 hours prior to the meeting.

Regular Board Meetings are broadcast live on channel 39.

The board meeting agenda and support materials are accessible from the District's web site (www.iusd.org/board/) prior to the close of business on the Friday preceding the meeting. Any written materials distributed to the Board after the 72 hour posting period will also be made available for public review at the time of distribution. Copies may also be obtained at the District Administration Center or at the meeting.

* Opportunities for public input occur at the beginning of each agenda item.  Persons wishing to address the Board should complete a blue request form, available on the information table, and submit it to the Board Secretary.  Each topic or item is limited to 30 minutes; each speaker is limited to 3 minutes.

Minutes:
The meeting was adjourned at 11:08 p.m.
Disability Information:
The District will make every attempt to accommodate any attendee or participant at this meeting who needs special assistance, when notice is given to the Superintendent's Office 949.936.5000 at least 48 hours prior to the meeting.
3/22/2016 7:04:00 PM ( Original )
PresentPaul Bokota
PresentLauren Brooks
PresentIra Glasky
PresentMichael Parham
PresentSharon Wallin

The resubmit was successful.