April  25, 2018 CUSD BOT Meeting: INFORMATION/DISCUSSION/ ACTION

AGENDA ITEM #26  RESOLUTION NO. 1718-46, RESOLUTION OF THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT REGARDING SCHOOL SAFETY

Board Agenda at page 603

Board Audio at 1:14:30

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Trustee Patricia Holloway has brought forth a Resolution to promote School Safety in light of the Stoneman Douglas High School Shooting in Florida.

Moved Trustee Hanacek

Second Trustee Bullockus

The Board voted 4-3 to pass the Resolution as written (Trustees Reardon, Jones and McNicholas voted No)

The Resolution calls for:

A ban on the purchase and sale of assault or semi-automatic rifles, high capacity magazines, and accessories designed to increase a gun's rate of fire, except for those in the military and law enforcement. 

The implementation of universal background checks.

The repeal of the ban on data collection.

The passage of specific legislation that enables family members or the police to ask judges to temporarily remove guns from family members that may commit violence.

CUSDWatch Comment:

Will the continued politicization of our public education system be the downfall of American Society?

The Public Education System should NOT engage in political advocacy. It should provide ALL students with equal opportunity to reach their academic potential.  Learn More

 

 

 

 

AGENDA ITEM #27 CAPITOL ADVISORS GROUP, LLC PRESENTATION:

Board Agenda No page number listed

Board Audio at 2:13:26 

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Kevin Gordon from Capital Advisors (A Sacramento Lobbying Firm) gave a presentation on their work representing CUSD.

This was an information only item- no action was taken.

In 2017-18 CUSD paid Capital Advisors $36,500 in General Fund money- money that should have been spent on the classroom.

Topics That Were Presented

Board Audio at 2:14:50 - Local Control Funding Formula

Board Audio at 2:17:10  - AB2808 Increasing Base Grant Targets 

Board Audio at 2:21:14 - CTE (Career Technical Education)

Board Audio at 2:24:34 - Charter Schools

Trustee Questions

Board Audio at 2:24:34 - Trustee Gila Jones re: CTE

Board Audio at 2:26:58 - Trustee Gila Jones re: SB-837 Transitional kindergarten: enrollment for 4-year-olds

Board Audio at 2:27:36 - Trustee Gila Jones re: Unfunded Mandates

Board Audio at 2:31:16 -  Trustee Amy Hanacek CalSTRS and CalPERS 

Board Audio at 2:35:46 -  Trustee Gary Pritchard School Facilities Bonds

Board Audio at 2:37:20 - Trustee Gary Pritchard K-12 and Community College Partnerships - Can Charter Schools have Dual Enrollment?

Board Audio at 2:39:05 - Trustee Patrica Holloway Why is the Bond money being released so slowly?

Board Audio at 2:42:13 Trustee Amy Hanacek Question re: 2/3 vote required to pass school facilities bond.

Board Audio at 2:44:25 Trustee Gila Jones - School Facility Bond Money being dispersed on low income as a priority.

CUSDWatch Comment:

Is this Legal? Learn More

AGENDA ITEM #28 UPDATE ON FINANCING PLANS FOR THE PACIFICA SAN JUAN COMMUNITY FACILITIES DISTRICT

Board Agenda at page 616

Board Audio at 2:46:50

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Up-date on financing plans for Pacifica San Juan Facilities District (CFD 98-1A and 98-1B)

This was an information only item- no action was taken.

ESTIMATED BONDS AND FUNDS RECEIVED

Bond Issuance $12,320,000

Upfront Costs ($539,509)

Debt Service Reserve ($1,040,034)

Capitalized Interest Fund (349,174)

Premium/Discount ($61,868)

Mitigation Fund $10,329,415

Allocation to CUSD $5,164,607

Allocation to City $5,164,607

 


AGENDA ITEM #29  RESOLUTION NO. 1718-42, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $9 MILLION AGGREGATE PRINCIPAL AMOUNT OF COMMUNITY FACILITIES DISTRICT NO. 98-1A OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT (PACIFICA SAN JUAN) SPECIAL TAX BONDS, SERIES 2018, APPROVING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE CERTIFICATE AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO:

Board Agenda at page 627

Board Audio at 2:51:37

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Board to authorize $9 million in Bonds 98-1A Pacifica San Juan.

Moved by Trustee Pritchard

Second by Trustee Hanacek

Resolution Passes 7-0

CUSDWatch Comment:

CUSD Borrows $8 million and repays $14 million.

Board Agenda at page 903

GOOD FAITH ESTIMATES

Principal Amount $7,955,000

Interest 4.42%

Finance Charge $239,915

Proceeds $6,775,712

Total Payment $14,207,596

Term 2018 - 2044


AGENDA ITEM #30  RESOLUTION NO. 1718-43, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5 MILLION AGGREGATE PRINCIPAL AMOUNT OF COMMUNITY FACILITIES DISTRICT NO. 98-1B OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT (PACIFICA SAN JUAN) SPECIAL TAX BONDS, SERIES 2018, APPROVING THE EXECUTION AND DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE CERTIFICATE AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO:

Board Agenda at page 895

Board Audio at 2:52:18

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Resolution to authorize $5 million in Pacifica San Juan 98-1B Bonds 

Moved by Trustee Pritchard

Second by Trustee Hanacek

Resolution Passes 7-0

CUSDWatch Comment:

CUSD Borrows $3.5 million and repays $8.5 million?

Board Agenda at page 903

GOOD FAITH ESTIMATES

Principal Amount $4,365,000

Interest 4.5%

Finance Charge $299,595.00

Proceeds $3,553,703.00

Total Payment $8,538,649

Term

Term 2018 - 2044


AGENDA ITEM #31 ELEMENTARY AND MIDDLE SCHOOL BOUNDARY ADJUSTMENT FOR PACIFICA SAN JUAN

Board Agenda at page 1,215

Board Audio at 2:53:04

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Parts of Pacifica San Juan are zoned to attend Ambuhl Elementary School and Marco Forster Middle School. The Board voted to change elementary and middle school boundaries so that all Pacifica San Juan residents will attend Palisades Elementary School and Shor Cliffs Middle School. 

The Pacifica San Juan Mello ROos funds can now be spent to improve

Moved by Trustee Pritchard

Second by Trustee Hanacek

Item Passes 7-0

AGENDA ITEM #32  PROPOSITION 39 - PROGRAM UP-DATE

Board Agenda at page 1,218

Board Audio at 2:54:38

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This is an information only item. No action was taken.

CUSDWatch Comment

There needs to be an audit of CUSD- this is a pay -to-play scam that involved $10.5 million in State Prop 39 Clean Energy Grants and $26 million in CREB Bonds (Federal Clean Renewable Energy Bonds). What real benefit did taxpayers receive for the $36 million dollars? Consultants made millions. 

Presentation by Schneider Electric

PROP 39 FUNDS

Funds Received $10,540,364 + Utility Rebates of $248,816

How the money was spent:

Planning $629,370

Projects $9,910,994

Phase I LED Lighting at 6 high Schools (Completed April 2016)

Phase II  Building Automation Systems (HVAC Controls) at 5 High Schools, LED Lighting Dana Hills, School Dude Energy Module Software program

Phase III Building Automation Systems (HVAC Controls) at 19 elementary and middle schools

Annual Savings $238,811

CUSDWatch Comment 

CUSDWatch Comment CREB BONDS (Solar Projects)

October 11, 2017 CUSD BOT Meeting Agenda Item #25 Financing Solar Projects page 783

Presentation by Government Financial Strategies on using CREBS to finance Solar Energy

"The solar feasibility study estimated net project cash flow benefits of approximately $100,000 - $200,000 per year totaling nearly $3.7 million over 25 years." at page 783 

CUSD borrowed $26 million dollars to put solar panels on 6 high schools plus the District Office. CUSD had to put up Capo Valley High School and Las Flores Middle School as Collateral in a Lease - Lease back arrangement for the management of the system. 

In addition, CUSD hired Consultant Efficiency Energy, LLC to obtain one time energy efficiency tax deductions. Staff negotiated a deal that limited CUSDs' portion to $200,000 17%, when CUSD was entitled to 50% potentially $1,454,375 million. See: March 14, 2018 CUSD BOT Meeting Agenda Item #27 Consulting Engagement - Efficiency Energy, LLC 

CUSDWatch Comment

Senate Bill 1068 The Clean Energy for America Act   increased the deduction from $1.80 per square foot to $4.75 per square foot. Under current agreement CUSD is not receiving the benefit it is entitled to. CUSD is receiving a maximum of $200,000.00 when the new law would entitle CUSD to $1,454,375.00.

Board Audio at 3:06:35 BLUE CARD Dawn Urbanek Re: Tax Deductions to be split with Schneider Electric: See March 14, 2018 Agenda Item #27 Consulting Engagement - Efficiency Energy, LLC

Board Audio at 4:33:19 CUSD could be missing out on $1,454,375.000 in unfair split of 179D Tax Deductions for energy efficient Commercial buildings

AGENDA ITEM #33  PRESENTATION OF MATERIAL REVISIONS TO CHARTER OF OPPORTUNITIES FOR LEARNING CHARTER SCHOOL:

Board Agenda at page 1,233

Board Audio at 3:13:20

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Opportunities is seeking Material Revisions to their Charter.

OFL's lease has expired and they will be moving by 7-18-18. OFL will relocate from 33621 Del Obispo Street, #E, Dana Point, California 92629

Moved by Jones

Second by Patricia

Motion to approve material revisions passes 5-0-2 (With two unnamed Trustees out of the room)

to 31878 Del Obispo Street, Suite 105, San Juan Capistrano, California 92675

OFL has also been approved for Dashboard Alternative School Status (DASS)

Rent 3,000 square feet at @2.55 per Square foot + NNN of .55 with 3% annual increase

Six State Indicators

  • Academic Indicator
  • English Learner Progress Indicator
  • Graduation Rate Indicator
  • Suspension Rate Indicator
  • College/Career Indicator
  • Chronic Absenteeism Indicator

Graduation Rate:

Non-Alternative Schools 9-12 graduation rate

Alternative Schools Grade 12 only

The Item Contains performance data of students and demographics.

AGENDA ITEM #34  INSTRUCTIONAL MATERIALS RECOMMENDED FOR ADOPTION: SECONDARY MATHEMATICS – ALGEBRA 2/TRIGONOMETRY HONORS, GRADE 9-12

Board Agenda at page 1,355

Board Audio at 3:14:37

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Moved by Trustee Jones

2nd by Trustee Holloway

Motion to adopt new Algebra II/Trig textbooks for Aliso Niguel and Dana Hills High School and NOT the other four high schools passed 7-0

The District is currently using the adopted Algebra & Trigonometry ©2005 (seventh edition) textbook by Michael Sullivan, published by Pearson, for Honors Algebra 2/Trigonometry (Trig) students in grade 9-12.

Copies of this edition are no longer available through either Pearson or after-market outlets. In order to ensure that all students have access to the Algebra and Trig textbook in future years, the District must now purchase the tenth edition of this same book to ensure compliance with the Williams Act.

The author (Sullivan) and publisher (Pearson) remain the same for this newer edition. This tenth edition version is similar to the currently adopted seventh edition version; the curriculum for the Honors Algebra 2/Trig textbook will be essentially the same whether a student has the seventh edition or the tenth edition of this text.

CUSDWatch Comment

The Williams Act requires Equity in Public Education - all high schools should receive the new text books- not just two.

CUSDWatch Comment

Interesting Comments by Trustees- "Math has not changed since 2005 so there is no need to buy everyone a new book".  I think we changed to Common Core Math in 2012-13. This is going from the 7th edition to the 10th edition.  

CUSDWatch Comment

Maybe CUSD should stop using text book money for raises so that all students can have the same text book.

A Williams Complaint should be filed.

 

AGENDA ITEM #35 LOCAL CONTROL ACCOUNTABILITY PLAN UPDATE:

Board Agenda at page 1,358

Board Audio at 3:18:16 

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LCAP Performance Review:

GOAL 1: PROGRESS

English Language Arts All Students

  • Exceeded 35.8%
  • Met 33.5%
  • Nearly Met 16.69%
  • Not Met 14.01%

Mathematics All Students

  • Exceeded 33.44%
  • Met 26.08%
  • Nearly Met 22.24%
  • Not Met 18.24%

EAP (College Ready) English

  • 2015 45.2%
  • 2016 41%
  • 2017 41%

EAP (College Ready) Math

  • 2015 24.6%
  • 2016 24%
  • 2017 22%

A-G Completion Rates

  • 2014-15 54.4%
  • 2015-16 54.4%
  • 2016-17 53.7%

Chronic Absenteeism

Suspension Rate (K-12)

Graduation Rate (9-12)

  • 2014-15 Data 96.6%
  • 2015-16 Data 97.1%
  • 2016-17 Data 97.7%

College/Career (9-12)

  • 2014-15 48%
  • 2015-16 62%
  • 2016-17 62%

GOAL 2: COMMUNICATION

  • Increased Facebook Likes 
  • Increased Capo Talk Suscriber
  • Increased Parent Portal Accounts
  • Increased Parents of ELL participation in PIQE 

GOAL 3" FACILITIES AND LEARNING ENVIRONMENT

CUSD has $189 million dollars in EMERGENCY REPAIRS and MAINTENANCE THAT THREATEN THE HEALTH AND SAFETY OF STUDENTS

Facilities Condition Assessment

AGENDA ITEM #36  RESOLUTION NO. 1718-44, RESOLUTION CALLING FOR SUPPORT OF ASSEMBLY BILL 2808 (MURATSUCHI) TO INCREASE LOCAL CONTROL FUNDING FOR CALIFORNIA’S PUBLIC SCHOOLS:

Board Agenda at page 1,386

Board Audio at 3:54:20

Assembly Bill 2808 would increase the LCFF Target by 60%. This represents $35 billion in additional funding for schools; with 85% of that money going towards the Base Grant, about $5,000 per student. 

The new target would be fully funded by the late 2030s'.

Per Pupil funding for California schools will finally reach 2018 National levels by the late 2030s'

 

Board Audio at 3:56:40 BLUE CARD Dawn Urbanek 

I am offended by this legislation. This is just like Prop 30; and the extension of Prop 30. They will provide broke school districts with just enough money to pay the increased CalSTRS and CalPERS contributions, with nothing going to the students once again.

Please don't vote for this. 

Board Audio at 3:56:40

Without any Trustee comments or discussion the item was:

Moved by Trustee Gila Jones

Second by Trustee Patrica Holloway

Resolution passed 7-0

CUSDWatch Comment

The Local Control Funding Formula aka LCFF limits per pupil funding to 2007-08 levels + inflation. So; even though the State has reached its target of fully funding LCFF, California schools are funded at much lower levels then districts across the United States because they are funded at 2007-08 levels + inflation.

California's new education funding law: AB- 97 School Finance - Local Control Funding Formula aka "LCFF" distributes K- 12 per pupil funding using the following formula:

The "Base Grant" is universal for all students. 

The "Supplemental Grant" provides additional funding to districts based on the percentage of students in the district that are English Language Learners, Receiving Free and Reduced Lunch, and/or are in Foster Care. 

The "Concentration Grant" provides even more funding for districts that have large concentrations of students that are English Language Learners, Receiving Free and Reduced Lunch, and/or are in Foster Care.

Districts with a low percentage of students who are English Language Learners, Receiving Free and Reduced Lunch, and/or are in Foster Care, are funded primarily by the Base Grant. 

The State wants to raise the Base Grant so that Districts have enough funding to pay the increase CalSTRS and CalPERS Contributions which will represent just under 12% of CUSDs' total budget.

With 89% of the Budget already going to employee compensation, districts have no money to pay the increase in CalSTRS and CalPERS. This law seeks to give them sufficient funding to make that payment and nothing more.

CLASSIFIED STAFF

ELIMINATION OF POSITIONS

AGENDA ITEM #37  RESOLUTION NO. 1718-45, REDUCTION OR ELIMINATION OF CERTAIN CLASSIFIED SERVICES

Board Agenda at page 1,389

Board Audio at 3:58:03

CUSD to Eliminate  138 Classified Staff Positions:

  • 3 Behavior Intervention Assistant
  • 1 Bilingual Instructional Assistant
  • 1 Bilingual Instructional 1 1 AssistantPreschool
  • 1 Bilingual Intermediate Office Assistant
  • 1 Caregiver-Special Education
  • 1 Communications & Public Relations Specialist
  • 1 Director I, Special Education Technology
  • 1 Heavy Equipment Operator
  • 46 Independence Facilitator-Special Education
  • 4 Instructional Assistant-Computer Lab
  • 11 Instructional Assistant-Preschool
  • 6 Instructional Assistant
  • 3 Instructional Assistant-Science
  • 30 Instructional Assistant-Special Education
  • 2 Intermediate Office Assistant
  • 3 Interpreter for the Hearing Impaired
  • 1 Job Technician I
  • 2 Licensed Vocational Nurse
  • 1 Occupational Therapist
  • 1 Personnel Assistant
  • 1 School Bus Driver
  • 2 Senior Staff Secretary
  • 1 Supervisor, Custodial Services
  • 1 Supervisor, Grounds Operations
  • 3 Technology Support Specialist I
  • 1 Technology Support Specialist IV

123 positions are currently vacant.

15 Positions actually eliminated:

  • 1 Bilingual Instructional Assistant 
  • 8 Instructional Assistant 
  • 2 Licensed Vocational Nurse 
  • 2 Senior Staff Secretary 
  • 1 Supervisor, Custodial Services 
  • 1 Supervisor, Grounds Operations 

AGENDA ITEM #38  SECOND READING - BOARD POLICY 3320, CLAIMS AND ACTIONS AGAINST THE DISTRICT

Board Agenda at page 1,394

Board Audio at

Proposed New Board Policy 3320 Claims and Actions Against the District. 

CUSD is shortening the time to file a Claim or Action Against the School District from 3 years to:

(1) 6 months for Claims for money or damages relating to a cause of action for death or for injury to person, personal property, or growing crops shall be presented to the Board not later than six months after the accrual of the cause of action. (Government Code sections 905, 911.2) 

(2) 1 Year for Claims for money or damages as authorized in Government Code section 905 and not included in paragraph 1

(3) 1 Year for Claims for money or damages specifically excepted from Government Code section 905, including but not limited to claims by public employees for fees, salaries, wages, mileage, or other expenses and allowances.

All Trustees have to be present to Pass Board Policy on a FIRST READING so this is being brought back to the Board for approval.

First Reading was March 14, 2018 Agenda Item #26

Board Agenda at page 721

Board Audio at 4:31:52

Government Code Section 905

Government Code Section 911.2

AGENDA ITEM #39  FIRST READING - BOARD POLICY 4351, MANAGEMENT COMPENSATION

Board Agenda at page 1,398

Board Audio at

The proposed revision of Board Policy 4351, Management Compensation amends the longevity credit language for both certificated and classified management employees.

AGENDA ITEM #40  RECOMMENDATION TO APPROVE AMENDMENT NO. 1 TO AMENDED CONTRACT FOR EMPLOYMENT OF DEPUTY SUPERINTENDENT, BUSINESS AND SUPPORT SERVICES, JULY 1, 2016 – JUNE 30, 2022

Board Agenda  at page 1,402

Board Audio at 4:15:44

Item moved by Trustee Judy Bulluckous

Second by Trustee Jim Reardon

The Board passed Clark Hamptons contract amendment by a vote of 5-2 (Trustee Hanacek and Pritchard voted no.)

RETROACTIVE PAY INCREASE

Clark Hampton, Deputy Superintendent of Business and Support Services 2016 Total Compensation is $258,712.40 (Base Pay $203,611.00 + other Pay and Benefits of $55,101.40).

Per contract language the Deputy Superintendent is eligible to receive the equivalent incremental salary increases annually and any additional benefits made available to other employees in the District.

This Agenda Item extends Clark Hamptons' contract through 2022 and provides for:

  • Step increase annually of 1% until 2019-20
  • Retroactive 1% back to 2016 -17
  • Retroactive 1.25% back to 2017-18
  • 1% increase for 2018-19 based on Governor's budget.

Fiscal Impact was stated as $7,820

CUSDWatch Comment

This is a BROWN ACT VIOLATION and was clearly intended to cover up the substantial increase in compensation given to Clark Hampton.

Staff had to admit that the retroactive pay increases were not included in the Fiscal Impact Statement.

The item should be amended and brought back to the Board for approval.

AGENDA ITEM #41  RECOMMENDATION TO APPROVE AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT AND KIRSTEN M. VITAL, SUPERINTENDENT, AUGUST 26, 2014 – JUNE 30, 2022

Board Agenda at page 1,405

Board Audio at

RETROACTIVE PAY INCREASE

Kristen Vital 2016 Total Compensation $378,685 with a base salary of $310,935

This will increase to base salary to $322,436 retroactive to 2016 + other pay and benefits

This will increase to base salary to $326,436 retroactive to 2017 + other pay and benefits