August 23, 2017 Capistrano Unified Board of Trustees Meeting

CLOSED SESSION 

The meeting opened at 4:35pm

Trustees recessed to closed session at 4:40 pm

ORAL COMMUNICATIONS

Board Audio at :32

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

BLUE CARD: Dawn Urbanek

Trustees were e-mail the following Document: CUSD sends the County of Orange a letter regarding Los Patrones Parkway Construction Project 

In the time available I spoke to Factual Correction #4

Factual Correction Number 4:

Clark is missing the point that the California Water Board denied the TCA discharge permits for the 241 Toll Road Extension on June 19, 2013. The TCA appealed and the denial was up-held on March 16, 2015. 

Source: California Regional Water Quality Control Board San Diego Region Resolution No. R9-2015-0022: Resolution Supporting Denial of Revised Tentative Order No. R9-2013-0007, Waste Discharge Requirements for Foothill/Eastern Transportation Corridor Agency, Tesoro Extension (SR 241) Project, Orange County.

So what the Ranch did was file an application for a wastewater discharge permit for F Street (a FREE arterial road). The permit that was granted was for the grading of Los Patrones as a Free Arterial Road and explicitly stated that this permit was NOT for the 241 Extension. 

Source: California Regional Water Quality Control Board San Diego Region. Order for Technically- conditioned Certification of Waste Water Discharge.

The Permit granted to the Ranch specifically states at page 2:

"The Applicant proposes to construct a new County of Orange arterial road called "F" Street that will extend approximately 5.5 miles from Cow Camp Road north to Oso Parkway, at the current terminus of State Route-241 (SR-241 ). In the future, "F" Street will be renamed to Los Rancho Mission Viejo - 2 - "F" Street from "A" Street to Oso Parkway Project Certification No. R9-2014-0144 June 4, 2015 Patrones Parkway. "F" Street is not the Tesoro Extension of SR-241 that was denied waste discharge requirements by the San Diego Water Board in 2013 (in the proceedings on Tentative Order No. R9-2013-0007) or a facility related to the SR-241 and the Tesoro Extension is not covered by this Certification. "F" Street will be operated by the County of Orange as a free road . "F" Street is proposed to be a County of Orange Rural Secondary Highway, modified to include a raised median and a future community trail on the west side. "F" Street supports development of the Applicant's Planning Area 2 and Planning Area 3 projects, provides an alternate route to Antonio Parkway, and improves vehicle throughput to the SR-241 . On June 24, 2014, the Orange County Board of Supervisors approved an agreement for Grant of Fee Credits with the Applicant, which will allow the County to grant fee credits to the Applicant and accept the road right-of-way and improvements if the Applicant constructs "F" Street.

As a modified Rural Secondary Highway, the roadway will consist of two twelve-foot through lanes, eight-foot shoulders in both directions, and a fixed median between approximately stations 1 05+00 and 230+00 that is 1 0-11 feet wide and widens to accommodate connections to "A" Street and Oso Parkway. South of "A" Street the median is up to 58 feet wide. "F" Street will have a design speed of 70 mph and a posted speed limit of 65 mph. This is consistent with the approved Letter of Geometric Alignment Recommendation and Geometric Approval Drawing referenced in the above-mentioned Fee Credit Agreement. At its northern terminus, "F" Street will connect to Oso Parkway at the at-grade existing intersections of the on and off-ramps from the SR-241. Local access to the north end of the Applicant's Planning Area 2 project from "F" Street will be via "A" Street, with access to "A" Street provided via a grade separated half-expressway-interchange, with access to and from the north. At its southern terminus, "F" Street will terminate at Cow Camp Road as an at-grade signalized tee intersection."

The Ranch lied in its application. The grading of a Toll Road instead of a Free Arterial Road violates the application which should stop all construction until a new environmental review is completed.

 

Board Audio at 2:22

E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Property: Paseo de Colinas property. 2.47 acre property located on Paseo de Colinas adjacent to Niguel Hills Middle School

Negotiating Party: One or more potential buyers for the Property who may purchase the Property through a surplus property ground lease bid auction or waiver process, or a joint occupancy process

Under Negotiation: Price and Terms of Payment (Pursuant to Education Code § 54956.8)

BLUE CARD: Dawn Urbanek

This property was declared Surplus Property in 2006. CUSD should check the lot because it looks like CUSD is selling part of the adjacent lot which is the main campus of Niguel Hills Middle School and there may need to be a lot split, you may not be able to sell this property as is.

 

Board Audio at 3:01

E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Property: Pacifica San Juan property. 7.292 acre property located at the north east corner of Camino Las Ramblas and Avenida California

Negotiating Party: One or more potential buyers for the Property who may purchase the Property through a request for proposals process

BLUE CARD: Dawn Urbanek

This is a Option to Purchase Property. How can CUSD be in negotiations with a particular party to sell or develop the Property if the option is not yet exercised? Wouldn't this parcel have to be declared surplus property as well and go through the same legal process? 

 

Board Audio at 3:28

E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Property: South Transportation and Groundskeeping Facility. 5.51 acre property located at 26126 Victoria Blvd., Dana Point, CA 92624

Negotiating Party: One or more potential buyers or lessees for the Property who may purchase or lease the Property through a surplus property bid auction process

BLUE CARD: Dawn Urbanek

There is no record that this property has ever been declared surplus property- so how is it being sold?

 

Prior to the August 23, 2017 BOT Meeting CUSDWatch published an article and background on these properties. see: CUSDWatch:CUSD to Discuss Land Purchases and Sales in Closed Session at the August 23, 2017 BOT Meeting

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Greg Merwin/Sara Young
Attorney - Ernest Bell
Significant Exposure to Litigation – Five Cases
IDR Case Number 20170526
IDR Case Number 20170527
IDR Case Number 20170601
IDR Case Number 20170602
IDR Case Number 20170613
(Pursuant to Government Code § 54956.9(d)(2))

 

Kirsten M. Vital and Clark Hampton
Attorney: David Huff
Attorney: Jeff Hoskinson
Significant Exposure to Litigation - Two Cases
(Pursuant to Government Code § 54956.9(d)(2) (3))

Board Audio at 7:48 

Trustees voted 7-0 to approve Items A-1 to A-5

Item A-6???? Hummm- Does anyone see Agenda Item #A-6? This was s discussion of the $33.86 million dollar purchase of the Esencia School Site which is currently under investigation by the OC District Attorney for Land Fraud and Gifting of Public Assets. $2.4 million per acre for the 14.5 acres of dirt. The District agreed to value the land as if it had 100 homes on it.

Board Audio at 8:28

Trustees voted 7-0- to authorize Legal Counsel to initiate litigation against the County of Orange and related respondents who are in violation of the California Environmental Quality Act. 

 

EXHIBIT A-1 

EXHIBIT A-2

EXHIBIT A-3

EXHIBIT A-4

EXHIBIT A-5

 

 

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Greg Merwin/Sara Young
Attorney - Ernest Bell
Significant Exposure to Litigation – Two Cases
OAH Case Number 2017040274
OAH Case Number 2017060240
(Pursuant to Government Code § 54956.9(d)(1))

Board Audio at 8:43

Trustees voted 7-0 to approve Items B-1 to B-5

EXHIBIT B-1 

EXHIBIT B-2

 

C. LIABILITY CLAIMS
Clark Hampton Significant Exposure to Litigation - Two Cases
Rejection of Government Claim: No. ABI 1703799
(Pursuant to Subdivision (d) of Government Code § 54956.9, Paragraph (2) or(3))

Board Audio at 8:54

Trustees voted 7-0 to reject Government Claim No. ABI 1703799

 

EXHIBIT C-1 

D. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Gordon Amerson
One Case (Pursuant to Government Code § 54957)

Board Audio at 9:15

No Reportable Action

 

EXHIBIT D-1 

E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
District Negotiators: Kirsten M. Vital and Clark Hampton
Attorney: Stan Barankiewicz
Property: PA2 School Site APN: 755-301-37
Negotiating Party: RMV PA2 Development, LLC, a Delaware limited liability company Under Negotiation: Price (Pursuant to Education Code § 54956.8)

District Negotiators: Kirsten M. Vital and Clark Hampton
Attorney: Andreas Chialtas
Financial Advisor: Keith Weaver
Real Estate Consultant: George Peterson 

Board Audio at 9:24

Trustees gave direction to Staff 

  

F. CONFERENCE WITH LABOR NEGOTIATORS

District Negotiators: Kirsten M. Vital/Gordon Amerson/Clark Hampton

Attorney - Jonathan Pearl Employee Organizations:

1) Capistrano Unified Education Association (CUEA)

2) California School Employees Association (CSEA)

3) Teamsters

(Pursuant to Government Code § 54957.6) 

Board Audio at 9:30

No Reportable Action 

  

G. PUBLIC EMPLOYMENT AND EVALUATION OF PERFORMANCE

Superintendent (Pursuant to Government Code § 54957(b))

Board Audio at 9:35

No Reportable Action 

  

 

CONSENT CALENDAR

All matters listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion in the form listed below. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. The Superintendent and the staff recommend approval of all Consent Calendar items.
BUSINESS AND SUPPORT SERVICES

DONATION OF FUNDS AND EQUIPMENT is not on this Board Meeting Agenda.

Agenda Item #1 PURCHASE ORDERS, COMMERCIAL WARRANTS AND PREVIOUSLY BOARD-APPROVED BIDS AND CONTRACTS: page 1

Learn More

BLUE CARD: Dawn Urbanek

Purchase Orders:

General Fund Spending: $26,575,807.57

Utilities are $12,085,000 1/2 of General Fund Spending?

SC Edison $2,000,000
So CA Gas Co $400,000
SDG&E $8,000,000
SC Water District $250,000
MN Water District $450,000
City of SJC $400,000    CR&R $250,000
SM Water District $335,000

CUSD is spending $708,095 on repairs and maintenance from the General Fund and only $86,076 from the Deferred Maintenance Fund?

All Text Books are paid for out of the General Fund labeled: Lottery Textbooks: $10,423,340  +  Lottery Service/Operations: $87,000

Repairs/Maintenance paid for from General Fund $708,095.00 Compare this to Deferred Maintenance Fund- $87,076.69

Site Fund Allocation - Supplies for each school site $227,931.94

Gift Money Spent $120,604.00

SubAgreements - Non Instruction $105,000.00

Legal Fees $95,000

Conferences $35,070

Title I $26,349.59

Dues/Memberships $5,049.00

Mello Roos Reimbursement $58,000

Deferred Maintenance Fund Spending: $86,076.09

Cafetera Fund: $514,076.10

Capital Facilities Fund: $378,477.06

Workers Comp Fund: $3,720,305.00

Health Insurance: $51,875,320.00

Liability Insurance: $726,320.00

CFD 90-2: $84,842.60

AMS.Net $40,466.60

Epic Machines $30,508.50

Epic Machines $13,876.50

Is this proper spending for CFD Funds?

Agenda Item #2 INDEPENDENT CONTRACTOR, PROFESSIONAL SERVICES, FIELD SERVICE AND MASTER CONTRACT AGREEMENTS: page 64

BLUE CARD: Dawn Urbanek

General Fund Spending: $342,258.41 

Address Verification 

Nario Solis $8,000.00

Legal Fees - Whistle Blower Policies  

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. W $15,000.00 

Shouldn't legal fees be separate from General Fund.

Professional Development: $40,292.00

Education Toolbox $17,292.00

Target Success Inc. $23,000.00

General Fund Money Should Not be Used for Professional Development.

Sound System Las Palmas Elementary School

Digital Networks $15,766.41

Hearing/Vision Screening K, 2nd, 5th, 8th 

Bio-Acoustical Engineering Corp $58,200.00

Fire Extinguisher Inspection and Repair

South Coast Fire Protection, Inc. $40,000.00

General Fund Money should not be used for maintenance and repairs

Substitute Nurses

Leisure Care Referral Agency, Inc. $125,000.00

Measure M Bond Marketing Services

Daniel J. Eddleman Services $50,000.00

General Fund money should not be used on marketing school facilities bonds.

 

Title I Funding:  $12,950.00

Professional Development 

Growing Educators Incorporated $12,950.00

 

Special Education: $732,900.00

Speech and Language Services: $100,400.00 

Jennifer Toney Speech Pathology $25,000.00

Providence Speech & Hearing $60,000.00

Abby Rozenberg $10,000.00

Augmentative Communication Therapies $5,400.00

Mental Health Assessments $10,000.00

Robyn Joy Moses $10,000.00

Behavioral IEE and Autism Support: $25,000.00

Sylvia Mende Psy. D $25,000.00

Residential and Mental Health Services: $580,000.00

Cathedral Home for Children $205,000.00 

Summitview Child & Family $200,00.00

Alpine Academy $175,000.00

Traumatic Brain Energy: $7,500.00

Exceptional Education Services $7,500.00

 

Food Services Fund: $4,300

Key Note Speaker Back to School Professional Development Lunch 

Cynthia Jane McInnis $4,300.00 

This item was pulled from last meeting 

Board Audio at 36:56 (from July 26, 2017BOT Meeting) 

Superintendent Comment at: Board Audio at 38:58 

Superintendent Vital wanted to "Correct the Record":

"Funding Source for Professional Development is Grant Funding NOT General Fund."

"There was not a Comedian being paid out of Food Service Funds. Staff has pulled this Item to clarify the scope of the contract." 

Note: Both of these statements by the Superintendent and Susan Holiday proved to be false. CUSD does pay for Professional Development out of the General Fund, and yes Staff is asking Trustees to approve $4,300 for a Comedian to be the key note speaker at a luncheon that was paid for out of the Food Service Fund. The event is over, and now Staff places this on the agenda for approval after the fact.

 

AGENDA ITEM #3 AWARD OF REQUEST FOR PROPOSALS NO. 4-1718, FRESH DAILY, PREBAKED READY TO SERVE DELIVERED PIZZA SERVICE - PEOPLE FIRST PIZZA, INC. DBA DOMINO'S PIZZA: page 154

This is an $375,000 annual contract to supply pizza for students.

There were two vendors (Dominos Pizza and the other name is not disclosed in the agenda). Dominos was selected based on the following taste test: 80% price, 15% taste and 5% company references.  

Marblehead Elementary

AGENDA ITEM #4 CHANGE ORDER NO. 1, BID NO. 1617-16, MARBLEHEAD ELEMENTARY
SCHOOL OUTDOOR CLASSROOM PROJECT: page 166

R. Jensen Co. Inc built the Marblehead outdoor classroom at a projected cost of $102,050. CUSD was able to reduce the project cost by $12,827.56 by changing to prefabricated park benches rather than fabricating benches on site. CUSD also added a waterline to the site and an additional planter.

Total project cost: $89,222.44.

AGENDA ITEM #5 CHANGE ORDER NO. 3, BID NO. 1617-01, SAN JUAN HILLS HIGH SCHOOL BUILDING J PROJECT: page 186

Original Contract: $8,485,000.

Change Order #1: $90,611.13 January 25, 2017  Total Contract Amount $8,585,611.13

Change Order #2: $72,490.51  April 19, 2017 Total Contract Amount $8,658101.64

Change Order #3: $157,007.13 August 23, 2017 Total Contract Amount $8,815,108.77

$92,201.91 was due to the following: see page 189

The Contract Documents did not include the point of connection location for the sewer at bid time due to lack of approval from the water department to connect to the city sewer main located on Vista Montana. As such, the District has directed the Contractor to provide labor and material for approximately 320 feet of 6" PVC sewer pipe to connect to the campus' existing sewer main. Please see RFP #07 and RA Response $06 attached for additional information. Asphalt and concrete replacement is not included in this Work Order. Contractor ls to issue contracts and schedule this work to begin upon approval. Please see Work Order # 18, dated 6/2/ 17. 

Was this an appropriate solution? Why didn't they get approval from the Water Department in a timely manner?

Building 800

AGENDA ITEM #6 CHANGE ORDER NO. 3, BID NO. 1516-10, SAN CLEMENTE HIGH SCHOOL BUILDING 800 PROJECT: page 263

Original Contract: $8,988,888.

Change Order #1: $138,567.60 January 25, 2017  Total Contract Amount $9,127,455.60

Change Order #2: $38,192.66  May 10, 2017 #8 page 226  Total Contract Amount $9,165,648.00

Change Order #3: $32,518.16 August 23, 2017 Total Contract Amount $8,815,108.77

$9,198,166.42 was due to the following: see page 266

FRESH PRODUCE

AGENDA ITEM #7 EXTENSION NO. 1 OF BID NO. 1617-05, FRESH PRODUCE (FRUITS & VEGETABLES) PRODUCTS AND SERVICES - VAL-PRO, INC. DBA VALLEY FRUIT & PRODUCE CO.: page 320

Extension of Value-Pro Contract for one additional year at same pricing- contract not to exceed $200,000.00

 

AGENDA ITEM #8 EXTENSION NO. 1 OF REQUEST FOR PROPOSALS NO. 1-1617, E-RATE MULTIPLE CATEGORIES - VARIOUS VENDORS: page 329

Extend Contracts one year same pricing

Vendors agreed to extend the contract term and honor the 1 of 42 EXHIBIT 8 329 of 945 Page 2 of 2 originally proposed pricing under RFP No. 1-1617 for the term through June 30, 2018. The proposed extensions are presented to the Board for approval.

Paragon Systems to Replace GigaKOM.

One vendor – GigaKOM was originally awarded portions of Category 2 (data drops and related services); however, indicated to the District an inability to perform and honor the pricing initially submitted pursuant to RFP No. 1-1617. District staff has since terminated the contract with GigaKOM and has submitted a proposed award to the second highest scoring proposal in the same category, Paragon Systems, Inc., for Board consideration and award.

Marblehead Elementary

AGENDA ITEM #9 FINAL ACCEPTANCE AND FILING OF NOTICE OF COMPLETION FOR BID NO. 1617-16, MARBLEHEAD ELEMENTARY SCHOOL OUTDOOR CLASSROOM – R. JENSEN CO., INC.: page 371

The project was completed July 21, 2017 at a total cost of $89,222.44

AGENDA ITEM #10 NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICE (NASPO FORMERLY WSCA-NASPO) COOPERATIVE PURCHASING ORGANIZATION LLC DBA VALUEPOINT MASTER PRICE AGREEMENT NO. AR233 FOR INFORMATION TECHNOLOGY GOODS AND SERVICES - CISCO SYSTEMS, INC. AND CONVERGEONE, INC. AS AN AUTHORIZED RESELLER:  page 375

SMARTnet warranties and Services for various CISCO brand networking equipment, software, routers security and related services. 

Contract terms valid through May 31, 2019. Estiated Expenditures $250,000.00

  
CURRICULUM & INSTRUCTION

AGENDA ITEM #11 ADDENDUM TO CLIENT SERVICES AGREEMENT WITH THE HANOVER RESEARCH COUNCIL LLC: Page 444

AGENDA ITEM #12   AGREEMENT FOR PARTICIPATION INSIDE THE OUTDOORS SCHOOL PROGRAM PUBLIC SCHOOLS 2017-2018: page 450

AGENDA ITEM #13   AGREEMENT FOR PARTICIPATION WITH THE YMCA OF ORANGE COUNTY LAGUNA NIGUEL TO PROVIDE A PHYSICAL EDUCATION PROGRAM FOR STUDENTS AT CONCORDIA AND VIEJO ELEMENTARY SCHOOLS 2017-2018:page 466 

AGENDA ITEM #14 PROPOSED SCHOOL START AND DISMISSAL TIMES FOR THE 2017-2018 SCHOOL YEAR: page 474

    
STUDENT SUPPORT SERVICES

AGENDA ITEM #15  MEMORANDUM OF UNDERSTANDING WITH ANAHEIM UNION HIGH SCHOOL DISTRICT:page 477

AGENDA ITEM #16  RESOLUTION NO. 1718-10, TRANSITION PARTNERSHIP PROJECT INTERAGENCY AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF REHABILITATION:page 486

AGENDA ITEM #17  SERVICE AGREEMENT - PARADIGM HEALTHCARE SERVICE, LLC:page 489 
HUMAN RESOURCES

AGENDA ITEM #18 PURCHASE AGREEMENT - GALLUP, INCORPORATED: page 506

AGENDA ITEM #19  PURCHASE AGREEMENT - THE HILLS HOTEL: page 514 

AGENDA ITEM #20  RESIGNATIONS/ RETIREMENTS/ EMPLOYMENT – CLASSIFIED EMPLOYEES page 528

AGENDA ITEM #21  RESIGNATIONS/ RETIREMENTS/ EMPLOYMENT – CLASSIFIED EMPLOYEES page 562

    
GENERAL FUNCTIONS
AGENDA ITEM #22  PURCHASE AGREEMENT - GALLUP, INCORPORATED: page 571  AGENDA ITEM #23   PURCHASE AGREEMENT - GALLUP, INCORPORATED: page 582    
 
AGENDA ITEM #25 CITIZENS’ REQUEST:  page 599  AGENDA ITEM #25 CITIZENS’ REQUEST:  page 607  AGENDA ITEM #26 TRUSTEE REQUEST:  page 708  
AGENDA ITEM #27 CAPITOL ADVISORS GROUP, LLC PRESENTATION: page 710 AGENDA ITEM #28  AGENDA ITEM #29  

AGENDA ITEM #39 SECOND READING – BOARD BYLAW 9323, MEETING CONDUCT: page 913

    

 

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