HBCSD Corruption

Proof of the lie:

(1) HBCSD does NOT need to purchase the Community Center since they have a standing contractual agreement with the city that allows the district to use classrooms at the Community Center when enrollment exceeds 1,266 students.  Please see the Memorandum of Understanding attached to Exhibit G in the Sale and Purchase Agreement for Pier Avenue School.

(2) The use of the Community Center for educational purposes (not just recreational purposes as stated in the Board Highlights) is stipulated at least four times in the Agreement for the Sale and Purchase of Real Property:

1. Article 9, Future Use of Property, 9.02 on page 8 of the Agreement for Sale and Purchase of Real Property (Pier Avenue School) states:

“Its use shall not be for any purpose other than parks,

recreational, open space, educational, or other community purposes.”

2.  The Grant Deed, Exhibit C states:

“The conveyance is made and accepted upon the following

expressed condition, restrictions and covenant which shall apply to

and bind the lessees, grantees, successors and assigns of the parties:

The property granted herein shall not be used for any purpose other

than for park, recreational, open space, educational or other

community purposes.”

3. The Arbitration Agreement, Exhibit D, Article 4, 4.01a states:

“It is the intent of the District and the City that the primary

purpose of Pier Avenue School is for open space, park, recreational,

educational, or other community purposes which purposes include

activities which contribute to the cultural and recreational benefit of

the community.”

4. Exhibit J, Letter from Hermosa Beach City Attorney J.B. Mirassou, January 20, 1978 (page 3) states:

“The parties have entered into agreements limiting the future use

of the property.  This use is limited to parks, recreational, open space,

educational, or other community purposes.”

(3) Title 5 Regulations information.

1. Title 5 Regulations are standards; they are NOT requirements.

2. Title 5 standards apply to new acquisitions and new construction, including new construction at North School (aka Vista School).  Title 5 standards can be waived when applied to existing and temporarily leased facilities. 

3. Title 5 Regulations were developed in 1993.  The CDE does not require that school districts make all existing buildings conform to relatively new Title 5 standards.  If school districts were required to bring all school buildings up to current Title 5 standards it would cost taxpayers billions of dollars. 

4. Although HBCSD School board members authorized a California Code Regulation Title 5 Site Evaluation of the Hermosa Beach Community Center (aka Pier Avenue School) at the December 11, 2013 school board meeting (S-16-12/14).  The state agency that evaluated the Community Center and North School was the Department of General Services, Office of Public-School Construction (OPSC) NOT the CDE School Facility Planning Division that would review the Community Center and North School for Title 5 standards. 

NOTE: The Office of Public-School Construction (OPSC) ONLY advises on CDE requirements for receiving limited additional funding from the State Allocation Board.  The Hermosa Beach Community Center was approved for district use in a letter from the Department of General Services, Office of Public School Construction to Superintendent Pat Escalante on March 26, 2014.

NOTE:  If HBCSD does not use state funding it does not need to follow either OPSC requirements or Title 5 regulations when renovating/modernizing the Community Center or North School.  The renovations for the Community Center or North School could have been self-funded by Hermosa Beach taxpayers without the use of minimal state funds.

5. Title 5 standards allow exemptions.  See item ‘u’:

“At the request of the governing board of a school district,

the State Superintendent of Public Instruction may grant exemptions

to any of the standards in this section if the district can demonstrate

that mitigation of specific circumstances overrides a standard without

compromising a safe and supportive school environment.”

(4) What were the Title 5 STANDARDS that the Community Center did not meet? Please see Lie #4: Claiming that the Community Center does not meet CDE Title Regulations.

(5) Education Code 17536/17537 – Exchange of Properties: The governing board of a school district may exchange any of its real property for real property only of another person or private business firm.”

NOTE: Somebody (Superintendent Pat Escalante?) added the word

“ONLY” of another person or private business firm, which changed the

meaning of the code 17536. The 2014 Board Highlights was sent to

parents.

CORRECT INFORMATION: 

Education Code 17536 states:

“The governing board of a school may exchange any of its real

property for real property of another person or private business firm.”

NOTE:  This was the statement provided to parents in the 2014 Board Highlights:

“The governing board of a school may exchange any of its real

property for real property ONLY of another person or private business

firm.”

CORRECT INFORMATION:

Education Code 17537 states:

“Before ordering any exchange of real property the board shall

adopt, by a two-thirds vote of its members, a resolution declaring its

intention to exchange property.” 

How does Education Code 17537 affect the usage of the Community Center by the school district?  HBCSD does NOT need to exchange property in order to exercise the provisions of the Agreement for the Sale and Purchase of Pier Avenue School to use classrooms, office and storage space at the Community Center when district enrollment exceeds 1,266 students.   See the Memorandum of Understanding that is included as an exhibit in the Sale and Purchase Agreement for Pier Avenue School and confirmed by the City Council Meeting minutes of June 14, 1977.