The Board Agenda is posted at: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/1474344529390663222.pdf

The Board Meeting Audio is posted at: http://cusd.capousd.org/cusdweb/audio2016-17/CUSDBoardMeeting.Feb.22.2017.mp3

SPECIAL BOARD MEETING

February 22, 2017 Meeting Agenda: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/5062922547558642149.pdf

February 22, 2017 Board Meeting Audio: http://cusd.capousd.org/cusdweb/audio2016-17/CUSDBoardMeeting.Feb.22.2017.mp3

THE SPECIAL MEETING WAS CALLED BECAUSE CLARK HAMPTON EXECUTED AN AGREEMENT TO PURCHASE THE ESENCIA SCHOOL SITE FOR $34 MILLION DOLLARS WITHOUT BOARD APPROVAL WHEN ALL PRIOR DISCLOSURES REFLECTED A PRICE OF $21 MILLION. ACTUAL FAIR MARKET VALUE SHOWS THE LAND SHOULD HAVE BEEN PRICED CLOSER TO $11 MILLION. THIS MATTER WILL BE DISCUSSED AT A SPECIAL BOARD MEETING MARCH 15, 2017. 

Board Audio at 0:00

CUSD has cut the beginning of the audio for the Special Closed Session Meeting. Trustee Jim Reardon was not present for this meeting and was suppose to teleconference into the meeting. CUSD staff failed to do that for the Public Comments Portion of this meeting. The board audio starts with Public Comment without any indication as to what Item the comment is for.

at 0:00 The Ranch may have built 1,600 more homes than anticipated in the 2013 ERI.

at 0:35 March 2016 Capacity study shows that CUSD is 8,555 students over legal capacity (excluding any ranch students).

at 0:54 Regarding the Appraisal - It was based on "Highest and Best Use". It was completed in October 2016 and staff did not show it to Trustee until this week.

at 1:15 There are no entitlements included in this land and the property should not have been valued as if it had 100 houses on it.

at 1:38 Board recesses to Closed Session

 

at 1:53 Report out on closed special session:

Agenda Item 3A: Conference with Real Property Negotiators - Trustees gave direction to staff.

at 2:10

Agenda Item 3B: Conference with Legal Counsel - Anticipated Litigation - No reportable action

at 2:15

Agenda Item 3C: Public  Employee Discipline/Dismissal/Release - Trustees gave direction to staff.

at 2:21

Agenda Item 3D: Public Employee Employment/Appointment - No reportable action

at 2:27 Motion to adjourned Moved by Trustee Hatton-Hodson Second by Trustee Hanacek

Adjourned from closed session at 6:07 pm

 

CLOSED SESSION

at 3:45 The Board recesses to closed session at 6:08pm 

at 3:57 Announcement that closed session is running late.

Roll Call Trustee Reardon is absent.

at 5:43 Adoption of the Agenda - Staff has pulled Item #10 and #16 Moved By Trustee Hatton-Hodson Second Trustee Hanacek at 1:18 Staff also pulled Item #22 

at 6:17 Report out from Closed Session

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 

Janie Hoy/Sara Young Attorney 
Attorney Ernest Bell
Significant Exposure to Litigation – Three Cases

IDR Case Number 20161216
IDR Case Number 20161222
IDR Case Number 20170202
(Pursuant to Government Code § 54956.9(d)(2))

Clark Hampton
Attorney Ernest Bell
Significant Exposure to Litigation – One Case

Government Claim LBI1603144MH
(Pursuant to Government Code § 54956.9(d)(2))

Attorney David Huff 
Significant Exposure to Litigation – One Case
(Pursuant to Government Code § 54956.9(d)(2))

at 6:25

TRUSTEES VOTED 6-0-1 TO APPROVE CASE A-1 A-2 A-3 A-4

TRUSTEES VOTED 6-0-1 NOT TO PURSUE LITIGATION AGAINST CITY MAYORS FRANK URY AND TONEY BEAL FOR THEIR AUGUST 10, 2016 LETTER IN OPPOSITION TO MEASURE M -CUSD $889 MILLION DOLLAR SCHOOL FACILITIES BOND

EXHIBIT A-1

EXHIBIT A-2

EXHIBIT A-3 

EXHIBIT A-4

EXHIBIT A-5

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Janie Hoy/Sara Young
Attorney - Ernest Bell
Significant Exposure to Litigation – Four Cases

OAH Case Number 2016080290
OAH Case Number 2016100058
OAH Case Number 2016110935
OAH Case Number 2016120063
(Pursuant to Government Code § 54956.9(d)(1))

at 7:35

TRUSTEES VOTED 6-0-1 TO APPROVE B-1 B02 B-3 B-4

EXHIBIT B-1 

EXHIBIT B-2 

EXHIBIT B-3 

EXHIBIT B-4 

C. BOARD POLICY 4301 APPEAL TO THE BOARD REGARDING DISCRIMINATION COMPLAINT AGAINST EMPLOYEES

Gordon Anderson
(Pursuant to Government Code § 54956.9(d)(1))

at 8:10

TRUSTEES VOTED 6-0-1 ADOPT THE DECISION OF THE ADMINISTRATIVE DESIGNEE AND DIRECTED THE SUPERINTENDENT TO PREPARE THE WRITTEN DECISION REGARDING A DISCRIMINATION COMPLAINT AGAINST DISTRICT EMPLOYEES.

TRUSTEE REARDON WAS ABSENT

EXHIBIT C-1 

D. STUDENT EXPULSIONS

Mike Beekman
Five Cases
Case Number 2017-022
Case Number 2017-023
Case Number 2017-024
Case Number 2017-025
Case Number 2017-027

AT 8:45

TRUSTEES VOTED 5-0-1-1 TO APPROVE EXPULSIONS OF D-1 D-2 D-3 D-4 D-5

EXHIBIT D-1 

EXHIBIT D-2

EXHIBIT D-3

EXHIBIT D-4

EXHIBIT D-5

E. STUDENT READMISSIONS

Mike Beekman
One Case
Case Number 2016-026

AT 9:10

TRUSTEES VOTED 6-0-1 TO APPROVE THE READMISSION OF E-1

EXHIBIT E-1 

F. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

Gordon Amerson
Two Cases Case
(Pursuant to Government Code §54957)

AT 9:21

TRUSTEES VOTED 6-0-1 TO TAKE ACTION AGAINST EMPLOYEES AND INSTRUCTED STAFF TO PREPARE PROPER LEGAL MOTICE

TRUSTEE REARDON WAS ABSENT

EXHIBIT F-1

G. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

District Negotiators: Kirsten M. Vital and Clark Hampton
Attorney: Andreas Chialtas
Financial Advisor: Keith Weaver
Real Estate Consultant: George Peterson
Property: 7.3 Acre Camino Las Ramblas, Pacifica San Juan, San Juan Capistrano
Negotiating Party: CalAtlantic Homes
Under Negotiations: Price and Terms of Payment
(Pursuant to Education Code § 54956.8)

AT 10:18

TRUSTEES VOTED 6-0-1 TRUSTEES GAVE DIRECTION TO STAFF

EXHIBIT G-1 

 

SPECIAL RECOGNITION - EXTRA MILER AWARD

CHRISTOPHER DOLLAR - SOCIAL SIENCE DEPARTMENT CHAIR- IMPLEMENTED MODLE UN LEADER CAPO VALLEY HIGH SCHOOL. UNIVERSITY OF CHICAGO STUDENT, AND RECENT CUSD GRADUATE NOMINATED MR DOLLAR FOR OUTSTANDING EDUCATOR FOR MR. DOLLARS INFLUENCE ON HIS LIFE. THE UNIVERSITY WAS SO IMPRESSED WITH HIS RECOMMENDATION THAT AWARDED CHRISTOPHER DOLLAR THEI EDUCATOR OF THE YEAR AWARD.

STUDENT BODY UP-DATE

AT 16:45

MEG IRVUS PRINCIPAL AT SERRA INTRODUCED TWO STUDENTS FROM SERRA STUDENT LEADERSHIP TEAM. TEEN PARENT WHO IS GRADUATING EARLY AND HEADING TO COLLEGE. SHE BRINGS HER CHILD TO SERRA WITH HER WHERE THEY PROVIDE CHILD CARE.

GABRIELLA DIEZ JUNIPERA SERRA HIGH SCHOOL - PROGRESS IMPROVING ATTENDANCE AND ACADEMIC PERFORMANCE  

JOHNATHAN MANZS - PATHWAYS TO DIPLOMA 

NEXT GRADUATION IS MARCH 10, 2017

BOARD AND SUPERINTENDENT COMMENTS

AT 20:28 SUPERINTENDENT KRISTEN VITAL

CONGRATULATIONS TO PTA REFLECTION WINNERS MOVING ON TO NATIONAL COMPETITION 

CONGRATULATIONS TO TEACHERS OF THE YEAR

PULLED AGENDA ITEM #10 PURCHASE OF THE ESENCIA SCHOOL SITE WE WILL BE HOLDING A SPECIAL MEETING MARCH 15, 2017 JUST FOR THIS ITEM. 

WE WILL ALSO HAVE A SPECIAL BOARD WORKSHOP FOR PE ON MARCH 15, 2017.

AT 23:22 TRUSTEE HATTON-HODSON

TRUSTEE HATTON-HODSON GAVE A STATEMENT REGARDING HER ABSENCE FROM BOARD MEETING THROUGH APRIL 2017 AND CLAIMED SHE WAS BEING BULLIED. SHE THE STATED THAT SHE HAS BEEN DIAGNOSED WITH CHAGAS DISEASE AND THAT IS WHY ANNOUNCED SHE WOULD NOT BE AT BOARD MEETINGS UNTIL APRIL 2017.

AT 27:56 TRUSTEE HOLLOWAY

WANTED TO ANNOUNCE TWO SCHOLARSHIPS FOR STUDENTS - San Clemente Garden Club and San Onofre Parks Foundation

AT 29:18 TRUSTEE JONES

CapoValley High School Basket Ball Championships

ORAL COMMUNICATIONS NON-AGENDA ITEMS

BLUE CARDS

AT 30:00 Michelle Passo Campbell (Legislative Rep CUCPTSA) - update on PTA/PSTA events

AT 33:17 Dawn Urbanek - Jim Reardon is absent and is calling in for the Special Board meeting. Staff forgot to contact him for the Public Comment portion of the Special Board meeting so I wanted that on the record and to repeat my comments. 

AT 36:32 Trustee McNicholas - That is why we pulled Agenda Item #10 and scheduled a special Board meeting for March 15, 2017.

AT 36:38 Kathy Brevoort re: Co-Chair with Michelle Passo Campbell (Legislative Rep CUCPTSA) - PTSA up-date

AT 39:15 Kim Sprague re: Ranch Mission Viejo new development. Concerned her Mello Roos student will be denied a seat at Tesoro to accommodate the Ranch students. She also asked the District to watch its money.

AT 42:28 Kristen Ocurra a middle school physical education teacher who came in and got all the Trustees to stand up and move-

PUBLIC HEARING

AT 49:03 Presented by

AT 7:55 Open Public Hearing

No Blue Cards

At 7:56 Closed Public Hearing

 

CONSENT CALENDAR

AT 50:04

STAFF HAS PULLED ITEMS #10 and #16

THE PUBLIC PULLED ITEMS #2, #3, #4, #5, #8, #9, #12, #13, #14,

TRUSTEE HATTON-HODSON PULLED ITEM #22

AT 50:53 Motion to Approve the Balance by Trustee Hatton - Hodson Second by Trustee Holloway

Passes 6-0-1

CONSENT CALENDAR: These Items are NOT DISCUSSED unless the Item is pulled by Staff, Board or Public.

"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

Agenda Item #2 Donations of Funds and Equipment page 1

Total Donations $305,999.63 

Learn more

Board Audio: 51:37 (51 minutes 37 Seconds)

The Board voted 6-0-1 WITHOUT COMMENT (Trustee Reardon was absent)

The Item was moved by Trustee Pritchard. A second by Trustee Hanacek.

BLUE CARD Dawn Urbanek. 

Any Donation over $1,000 should be itemized. CUSD is hiding payments for teachers salaries, aids and librarians as "non-instructional materials".

ADDITIONAL INFORMATION REGARDING FUNDRAISING AND DONATIONS

Every student is entitled to DISTRICT FUNDED Art, Music and Science programs that align with minimum state mandated Content Standards and Curriculum Frameworks, and is taught by a properly credentialed teacher.

I have stood before this Board many times and explained that it is illegal for CUSD to rely on fundraising and donations (one-time money) to pay for staff salaries, core educational programs like art, music, science (on-going expenses). Core educational programs must be funded by the District because they have a Constitutional obligation to provide EVERY student with an equal opportunity to achieve a quality education. Relying on fundraising and donations to pay for staff salaries and core educational programs creates wealth based inequities in the quality of education that students receive within the district, and is a violation of Assembly Bill 1575.

 

Agenda Item #3 Purchase Orders and Commercial Warrants page 5

Total Purchase Orders: $4,383,186.94

Total Warrants: $20,279.33

Learn More

Board Audio: 53:27 (53 minutes 27 Seconds)

The Board voted 5-0-1-1 (Trustee Reardon was absent)

at 56:10 (Trustee Hatton-Hodson Had to Abstain due to a potential conflict of interest on an $175 payment to ACSA. She then went on to State "Just for the record there is no investigation" currently.

The Item was moved by Trustee Jones. A second by Trustee Holloway.

BLUE CARD Dawn Urbanek

Legal Fees: $312,082.50 

Note: Attorney Fees for Conflict of Interest Investigation Trustee Lynn Hatton-Hodson have been increased by $250,000 (from $100,00 to $350,000).

Conferences/Professional Development: $9,205.00 all from the General Fund. A District that lacks sufficient funding to abate Asbestos issues identified in 1999 should NOT be spending General Fund revenue on Conferences and Professional Development. CUSD should be using State Grant money earmarked specifically for Professional Development/Conferences. 

Consultant Leadership Associates: an executive search firm. This month CUSD spent $12,400 + 4,725 + 34,119 + 15,500 = $66,744. What service are they providing?

Student Data Mining Naviance: Naviance use to be a tool to help high school kids track their college applications- now CUSD is trying to claim that college readiness begins in Pre-K. When you track and collect personally identifiable data on an individual from Pre K on you are in fact using the public education system to build a dossier on students. CUSD is the only Districts that requires CCP to graduate- it is not a State graduation requirement.

Toll Roads: $2,000 ? 

FOR PUBLIC INFORMATION:

Forensic Analytical Consulting: Asbestos abatement San Clemente High School. Probably as a result of Grand Jury recommendations CUSD is abating asbestos at San Clemente High School first identified in 1999.

Western Exterminator: CUSD spent $29,130 from Rental Income (probably from the District Building) to set up extermination contracts at the 6 High Schools.  

 

Agenda Item #4 Independent Contractor, Professional Services, Field Service and Master Contract Agreements: Page 58

6 New Agreements: $144,307.08

6 Amendments: $97,175.00

Learn More

Board Audio: 57:19 (57 minutes 19 Seconds)

The Board voted 5-0-1-1 (Trustee Reardon was absent)

at 59:36 Trustee McNicholas confirmed that the $2,490,333.00 money paid to Schnider Electric was from an Energy Grant from the State. 

at 60:01 Dawn Urbanek -instead of raising the base funding grant the state gives all of these one time grants - Energy Grant - Professional Development Grant - Education Technology Grant. This is Pay -to -Play.

at 60:30 Trustee McNicholas - when we get grant moneys we use them to do what we can

at 60:46 Trustee Hatton-Hodson Had to Abstain due to a potential conflict of interest on an un-named item.

The Item was moved by Trustee Holloway. A second by Trustee Jones.

BLUE CARD Dawn Urbanek

LEGAL CONTRACTS:

page 86:

Bergman Darcy Goldsmith- $25,000 - No description of scope of work.

Page 100:

Orbach Huff Suarez & Henderson - Attorneys - Conflict of Interest. Contract increased to $350,000.00. Taxpayers should not be paying for Trustee Hatton-Hodson Conflict of Interest investigation.

NEW FACILITIES BOND PREPARATION:

Page 88:

Dannis Woliver Kelley - Attorneys for 2016 Bond Efforts Why is this contract being increased from $100,000 to $115,000 when Measure M is over?

Page 74:

Kitchell Corporation is being hired to do facilities Assessments at all schools. Total Cost $661,690.01 Ambuhel Elementary $10,000

STAFFING:

page 129:

Sunbelt Staffing - CUSD has spent $275,000 on Occupational Therapists with Sunbelt Staffing.

DEFERRED MAINTENANCE:

page 62:

Western Exterminator - All High Schools $29,130.00

at page 71:

Rutherford Design  - San Clemente High getting a new audio system for the Triton Center $29,677.08

at page 143:

Schnider Electric is performing energy audits at High School sites. PO's this month $2,490,333.00 paid for with an Energy Grant.

AFTER THE FACT CONTRACTS

District staff  executes contracts without Board approval and months later comes back to the board to ratify their actions. 

page 59: ECE4 Autism

page 62: Western Exterminator

page 69: Lizeth Nava

page 74: Kitchell Corporation

page 86: Bergman Dacey Goldsmith

 

Trustee Hatton-Hodson announced from the Dias that there was no on-going investigation; yet she abstained on two votes "out of an abundance of caution). The following day I contacted both, the District Attorney and the Fair Political Practices Commission. Trustee Hatton-Hodson lied to the Public from the Dias. 

Agenda Item #5 Aliso Viejo Community Association Limited Use and Maintenance Agreement for Winter 2017 Woodfield Park page 212

Learn More

Board Audio: 61:23 (1 Hour 1 Minute 23 Seconds)

The Board voted 6-0-1 WITHOUT COMMENT (Trustee Reardon was absent)

The Item was moved by Trustee Pritchard. A second by Trustee Hanacek.

BLUE CARD Dawn Urbanek. 

This is a limited use maintenance agreement between the City of Aliso Viejo and CUSD for Woodfield Park. The agreement term starts at the execution of the Agreement and ends May 12, 2017. If this item is approved, it will start February 22, 2017. Exhibit "A" shows the game schedule which started January 16, 2017. This contract was signed by Aliso Viejo in November 2016. CUSD should have had the Board approve this PRIOR to the start of the games. Below is a similar agreement that with Aliso Viejo for Foxborough Park. That Agreement was approved by the Board December 14, 2016 and the last game of the season was the next day December 15, 2016. 

It has become normal course of business at CUSD to be sloppy with contracts. Staff fails to get Board approval for contracts before they are executed, and sometimes Staff approves contracts without Board approval, begins work under the contract and then asks Board approval after the fact. This exposes the District to potential litigation.

 

 

 

Agenda Item #6 Amendment No 1 to Bid No. 1516-08, Districtwide Roof Assessments and Preventative Roof Maintenance - Weatherproofing Technologies, Inc. page 230

The original contract period was September 10, 2015 through September 9, 2016 with 4 one year extensions permitted for a total of five years.

On August 17, 2016 the contract was extended from September 2016 to September 2017 at the same prices.

The original contract amount was estimated to be $225,000.00.

The District is requesting additional services which would amend this contract to increase the contract amount to $251,513.00.

Learn More

THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

 

Agenda Item #7 California School Boards Association Gamut Online Service Agreement and Online License Agreement page 238

Gamut is an online policy information service that incorporates the complete CSBA Policy Update Reference Manual — more than 650 sample policies, regulations and exhibits—that is updated continually. This contract allows CUSD to have on-line access to CSBA information.

Cost is $5,410.00

Learn More

THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

 

Agenda Item #8 Memorandum of understanding with Anaheim Union School District  page 243 

Learn More

Board Audio: 62:40 (1 Hour 2 Minute 40 Seconds)

The Board voted 6-0-1 (Trustee Reardon was absent)

at 63:05 Trustee McNicholas stated that this is special education which is funded until age 21.

The Item was moved by Trustee Holloway. A second by Trustee Hatton-Hodson.

BLUE CARD - Dawn Urbanek

This is an agreement to place 2 special needs ADULT (18 and over) students in a special program offered through the Anaheim Union High School District. The cost is $55,000 per student - $110,000.00

CUSD is no longer required to fund adult education. That has all be transferred to Saddleback college. Why is the District paying for these two particular students, and why is the District asking the Board to approve an MOU to place more Adult Students?

 

Agenda Item #9 RESOLUTION NO 1617-50 Asset Management Plan page 250

Learn More

Board Audio: 63:37 (1 Hour 3 Minutes 37 Seconds)

The Item was moved by Trustee Pritchard. A second by Trustee Hatton-Hodson.

The Board voted 6-0-1 WITHOUT COMMENT (Trustee Reardon was absent)

RED FLAG - Cities of San Juan Capistrano, Dana Point and Laguna Niguel

This is a Resolution authorizing the Board to do the following:

San Juan Capistrano - Pacifica San Juan 

The District will pursue re-entitlement of the site to allow for both school and/or residential use, in order to preserve flexibility on how this site is used in the future. The District will also explore the feasibility of assigning its rights under the agreement to a third-party developer, who would then purchase the site and develop into residential homes. Any selection of a third-party developer would involve a public RFP and/or pre-qualification process. District staff will involve City staff in the course of moving forward with plans for this site.

Dana Point - South Transportation and Groundskeeping Facility

The District will preserve space on the south bus yard site for use by the Grounds and Transportation Departments for surplus storage and vehicle parking. Remaining space on the site will be made available for leasing of RV/boat storage. The District will make improvements to the site for the purpose of leasing space for storage. The District will also explore options for the long-term repurposing of the site. District staff will involve City staff in the course of moving forward with plans for this site.

Laguna Niguel - Paseo de Colinas Property

The District will reorganize the Laguna Niguel site adjacent to Niguel Hills Middle School to allow for the more efficient layout of storage. The District will negotiate the amendment of terms on the existing use agreement for storage space with the local car dealership. The District will also explore the option of potentially selling the site. District staff will involve City staff in the course of moving forward with plans for this site.

BLUE CARD - Dawn Urbanek

 It is unfortunate that CUSD does not produce Board Audio for Board Workshops. The information and discussion would be very valuable to the Cities where these properties are located. I attended this workshop and was able to video tape a portion of these meetings. The recordings and information are included here.

I went and pulled CUSD's property tax information. CUSD already owns 82 properties in South Orange County worth millions and millions of dollars. Some of them are sitting empty. The real estate deal with the Ranch is clear evidence that CUSD should spend its time providing the best education possible for its students. But as I spend more time reading through 800 page agendas, I see that there is a lot of time and energy spent on the generation of new revenue streams. $900 thousand on a Natural Gas vehicle filling station and discussions about running bus transportation for other districts. Doing joint ventures with the properties listed in this item to provide low income housing for teachers. Building a District Office with the intention of using rental income generated from the building to pay staff salaries, pensions and benefits, while at the same time, they allow our students to attend class in facilities that are not maintained with class sizes that are the highest in the nation. Staff, unilaterally made the decision to cut funding for programing for high achieving students. CUSD spends time on marketing - rebranding schools that are under enrolled rather than closing them or allowing Charter schools to have the facilities. Millions on technology with the goal to be a district that teaches other districts. We now have over 50 TOSA's (Teachers on Special Assignment) that are not in the classroom, but are doing professional development and other projects.  We need to do better for our students. CUSD is out of control. Without oversight millions of tax dollars are being wasted and our children are not being educated.

 

 

RED FLAG TAXPAYERS

Agenda Item #10 RESOLUTION NO. 1617-56, Ratification of Agreement to Purchase the Escencia School Site and Delegation to Accept the Deed. page 252

Learn More

THIS ITEM WAS PULLED  THE ITEM WILL BE HEARD AT A SPECIAL BOARD MEETING MARCH 15, 2017 

CUSD TO PURCHASE ESCENCIA SCHOOL SITE LAND

The proposed scope and cost of the land for Escencia was projected to be $21 million for 14 acres -  $1.5 million per acre.

The Board is being asked to approve a purchase price of $33.86 million for 14 acres - $2.42 million per acre. 

The CUSD Apraisal of this land was completed in October 2016 and Trustees received the Appraisal in this Board packet. Staff did not provide Trustees with an opportunity to review the proposal prior to this Board Meeting. The Appraisal was not made public by CUSD and was not added to this Agenda item because of potential Brown Act Violations.

Members of the Public have filed a Complaint with the District Attorney's Real Estate Fraud Division.

Conclusions:

The price of the land must be re-negotiated. 

Staff placed this Item on the Consent Calendar without disclsoing the price.

Clark Hampton executed this agreement on January 19, 2017 WITHOUT BOARD APPROVAL.

The Attorney for CUSD signed the agreement with an X and is unidentifiable.

Mello Roos Taxpayers in Ladera Ranch and Talega are being denied seats at SJH and Tesoro so that Ranch students can be given priority at Las Flores K-8 and Tesorro.

A March 2016 capacity study shows that CUSD is 8,555 students over legal capacity (before providing seats to any Ranch studnts).

PA1 and PA2 are projected to generate 1,119 students between now and 2018 who will have no seat. 

Esencia K-8 is a dirt lot.

High Schools are over capacity by 5,235.

CUSD needs to build a new $200 million dollar High School to serve the Ranch.

The State is no longer helping to fund new facilities.

The Ranch is projected to add a minimum of 5,000 students to CUSD when it is completely built out which was originally suppose to take 25 - 30 years. The time line is moving much more quickly. PA1 and PA2 are almost complete and Permits for PA3 and PA4 are in planning.

CURRICULUM & INSTRUCTION 

Agenda Item #11 

This is a contract for Professional Development with the College Board for a workshop:

Pre-AP: Effectiveness Thinking Strategies for all students.

The cost is $4,500 and this is appropriately funded from the Educator Effectiveness Grant NOT the General Fund

Learn More

THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

 

Agenda Item #12 

Learn More

Board Audio: 65:30 (1 Hour 5 Minutes 30 Seconds)

The Board voted 5-0-1-1 (Trustee Reardon was absent)(Trustee Jones abstained)

at 67:21 Trustee Jones - at the last meeting she asked for a Scope of work on these projects. Work is satisfactory. I contacted several Districts that have worked with Hanover and it was unanimous that CUSD has the in-house expertise to develop our own Gate Program. We needed outside help for MIP and we will need outside help for Spanish Immersion. The studies are to see what is good and what we need to work on. Regarding GATE - our GATE teachers have not been included in this process at all and Trustee Jones felt that CUSD was not being respectful of their knowledge and expertise. Will not oppose this- but will not support contracts like this in the future. This company is a Stake-holder survey company.

at 70:18 Trustee Hatton-Hodson going forward we will have a State Data Dashboard which will provide OBJECTIVE DATA. Gate teachers may not be objective because that is their job and they want the program to continue. 

The Item was moved by Trustee Pritchard. A second by Trustee Hatton-Hodson.

at 71:20 Does a 2-way student achieve at the same rate as other students. We do not want to get rid of GATE we want to make it better.

at 72:35 If we vote for this contract it ends in August and then we can move forward from there.

at 72:54 Re: GATE we do have in-house resources - but with this contract we get the best of both.

at 73:21 Trustee Hanacek moves approval. Second by Trustee Holloway.

BACKGROUND

This Item was continued from the January 25, 2016 BOT meeting to better define the scope of work to be done.

Trustee Jones wants a review and comparison of the Districts 2-way Spanish Immersion program as compared to other programs like ESL to see if the program is as effective as others. 

Staff is also researching whether or not class size and differentiated learning is really a benefit. Parents have been expressing their concerns about the lack of programing for GATE identified and High Achieving students. Trustee Vital admitted on the record that Staff, without Board approval made the unilateral decision to eliminate programming for high achieving students.

Hanover Research provides tailored research through an annual, fixed-fee model. Tailored research means that the District will get research that supports the conclusion they want to reach... elimination of differentiated learning and 2- way spanish immersion.

Previous discussion of this item can be listened to.

Board Audio

at 75:20 (1 hour 15 minutes 20 seconds) 

Learn More

BLUE CARD Dawn Urbanek

At the November 16, 2016 BOT meeting Superintendent Vital stated on the record that District Staff without Board Approval made the unilateral decision to defund GATE and programing for High Achieving students in CUSD. At that time, Trustee Hatton-Hodson also expressed her opinion that research shows that class size and differentiated learning do not matter. 

How can the public be assured that the research being done will be objective and not skewed to prove the pre-determined opinion of this district who has already dismantled/practically eliminated programing for High Achieving students?

What is the focus of the research regarding the Spanish Immersion program. Is the District seeking to eliminate that program as well?

 

Agenda Item #13 Agreement No. 43875 For Quality Rating and Improvement System 2016-17 of Early Childhood Programs with the Orange County Superintendent of Schools

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Board Audio: 73:52 (1 Hour 13 Minute 52 Seconds)

The Board WITHOUT COMMENT voted 6-0-1 (Trustee Reardon was absent)

The Item was moved by Trustee Jones. A second by Trustee Hatton-Hodson.

BLUE CARD Dawn Urbanek

This grant will provide $115,075 inn additional funding to serve CUSD's 594 pre-school students ($193.72 per student) All of this money is being spent on Professional Development. 

CUSD does not have sufficient funding to provide a basic education to it's K-12 students. The District is over capacity by 8,555 students. CUSD has no business adding another grade-level to its instruction. 

CUSD has 32 TK students in a class. 

 

 

 

Agenda Item #14 Income agreement No. 43825 - Orange County Superintendent of Schools

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Board Audio: 75:22 (1 Hour 15 Minute 22 Seconds)

The Board WITHOUT COMMENT voted 6-0-1 (Trustee Reardon was absent)

The Item was moved by Trustee Hatton-Hodson. A second by Trustee Jones.

BLUE CARD Dawn Urbanek

This is a contract for 66 School Counselors and Nurses to attend Resilience and Stress Management training on May 4, 2017. Professional Development should not be paid for out of the General Fund.

Agenda Item #15 CDE Waiver approval to Offer a modified instructional day transitional kindergarten program at Kinoshita Elementary School

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THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

TK programs operated by a District must be of equal length to any kindergarten programs operated by the same district, unless there is an approved State Board of Education waiver on file. By statute, the maximu school day in kindergarten is 4 hours (EC 46110). An exception to this statute allows schools that have adopted an early primary program (extended day kindergarten) to exceed 4 hours (EC 8973).

 

Agenda Item #16 Third Reading Board Policy 0420.4 Charter School Authorization

The new policy was reviewed by local Charter School advocates and was found to be in compliance with the law.

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THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

 

PAY-TO-PLAY STATE IS ENGAGED IN RACKETEERING

HUMAN RESOURCE SERVICES

Agenda Item #17 Authorization of Coaches to provide second semester physical education credit:

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THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #18  Resignations/Retirement/Employment - Classified Staff

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THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION


Agenda Item #19 Resignations/Retirement/Employment - Certificated Staff 

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THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

GENERAL FUNCTIONS

Agenda Item #20 Approval of the September 28, 2016 Special Board Meeting Minutes page 386

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THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

No Blue Card Was Pulled on this Item 

Why is it taking CUSD 5 months to approve Board Meeting minutes?

 

Agenda Item #2Approval of the October 12, 2016 Special Board Meeting Minutes page 397

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THIS ITEM WAS APPROVED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

No Blue Card Was Pulled on this Item 

Why is it taking CUSD 4 months to approve Board Meeting minutes?

Agenda Item #2Approval of the October 26, 2016 Special Board Meeting Minutes page 404 

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Board Audio: 77:11 (1 Hour 17 Minute 11 Seconds)

THIS ITEM WAS PULLED BY TRUSTEE HATTON HODSON

The Board voted 5-0-1-1 (Trustee Reardon was absent) (Trustee Hatton-Hodson abstained because she was absent at this meeting)

Adoption of Board Agenda Hatton-Hodson voted yes - she was absent 

TRUSTEES PULLED THE ITEM AND WILL BRING IT BACK CORRECTED.

No Blue Card Was Pulled on this Item 

Why is it taking CUSD 3 months to approve Board Meeting minutes?

 

DISCUSSION ACTION ITEMS

Agenda Item #23 #CAPOFORWARD Presentation Part 3 of 3 page 413

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Board Audio: 78:20 (1 Hour 18 Minutes 20 Seconds)

This is an information/Discussion action item only - no action was taken.

at 78:01 Dr Susan Holiday. Following the closing of Crown Valley in 2015 Staff was asked to focus on marketing an re-invision 7 under enrolled schools.

The seven schools are:

  • Del Obispo - College and Career Readiness/AVID 
  • Hidden Hills - Technology
  • Kinoshita - College and Career Readiness/AVID
  • Lobo Elementary - STEAM
  • Marblehead - Environmental Studies
  • R.H. Dana - Science and Technology
  • Wood Canyon - Arts and Media 

Note from: Dawn Urbanek

On April 27, 2016 Principals from seven CUSD elementary schools made a presentation to the Board for a three year blue print to "re-image" their schools. As part of "Moving Capo Forward", these schools are going through an educational makeover designed to attract students to schools with declining enrollment and prevent the District from having to close schools by providing each school with a new educational focus.

The seven schools are:

  • Del Obispo - College and Career Readiness/AVID 
  • Hidden Hills - Technology
  • Kinoshita - College and Career Readiness/AVID
  • Lobo Elementary - STEAM
  • Marblehead - Environmental Studies
  • R.H. Dana - Science and Technology
  • Wood Canyon - Arts and Media

Presentations:

December 14, 2016 Kinoshita, Marblehead

January 25, 2017 RH Dana, Hidden Hills, Lobo

February 22, 2017 Del Obispo, Wood Canyon 

The District has spent just under $100,000 with Album Agency for branding - new logos- brochures -web site social media.

The District has spent $269,500 with Discovery Education for Professional Development.

The District has spent $7,000 with Energy Bus for Professional Development.

The District will need to spend additional funds for furniture and equipment for the 11 FabLabs.

So the total cost will be well over 1/2 million and there has been little mention of curriculum changes. AVID and Create Art are not new and there appears to be little change in real curriculum.

Agenda Item #24 Board Policy 4031 Appeal to the Board Regarding Discrimination Complaint Against Employees. 

Board Audio: 114:53 (1 Hour 54 Minutes 53 Seconds)

This is an information/Discussion action item only - no action was taken

Employees named did not exercise their right to speak on the record so this item is closed

This item was placed on the Agenda per legal counsel's guidance because there is a government code that allows employees who have a discrimination complaint against them the opportunity to have their matter heard in open session. 

This item will only be heard if the employees who had the discrimination complaint filed against them did not exercise this option so no further action is necessary on this item.

 

Agenda Item #25 Board Policy 1617-52, Non- Re-election of Temporary Employees page 432

Board Audio at 1:15:55

Every year CUSD hires temporary staff to fill in as needed. This resolution allows CUSD to release those employees it will no longer bee needing. 

One additional resolution - typo - the Resolution should show May 2017 not 2016.

Motion by Trustee Pritchard

Second by Trustee Jones

Resolution passed 5-0-2

Trustee Reardon Absent. Trustee Hanacek stepped out

 

Agenda Item #26 State Accountability Overview page 437

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Board Audio at 118:00 (1 hour, 58 minutes)

This was an information/discussion items - no Board Action was taken.

The State has implemented Common Core State Standards in 2010, a new education funding formula in 2013 called the Local Control Funding Formula, Changed all testing and in March 2017 the State will launch a new accountability system called the "California School Dashboard". This Agenda Item provides an overview of accountability under the new State System

No Blue Card was pulled on this item - 

District staff has indicated that it wants to use Williams Standards and School Accountability Report Cards as a an accountability tool. This is not knew and has proven to be extremely ineffective. 

Williams Complaints as an accountability tool.

CUSD just documented how poor our facilities are in their justification for an $889 million dollar school facilities bond. Yet when you read the board agendas, every Williams report shows no violations. CUSD has given over $120 million dollars in compensation increases to employees over the last four years, but could not find $10 million to fix every leaky roof and failing HVAC system. CUSD was given bond money in 1999 to abate all asbestos in our public schools, yet in the Districts 2016 response to the Grand Jury said it would need an additional 20 years to fix asbestos issues due to financial difficulties. CUSD has 53 school sites but owns 82 properties within Orange County - many sitting empty. Maybe it is time to sell some of these properties and fix our aging schools. I am in the process of preparing a report on those facilities, and attaining a valuation of these properties. CUSD is corrupt and despite its continued statements that it has "an unwavering commitment to student success" it has utter disregard for the health and safety of its students; and a great disrespect for parents and the public, and it is abusive to taxpayers. The District has demonstrated an inability to manage the 53 schools it currently oversees and has denied the 50,000 students within its boundaries even a basic education. A basic education is one that provides instruction in all core subjects that align with minimum State Content Standards and Curriculum Frameworks. We have whole schools that get no art, music or science unless parents fundraise for it. CUSD cannot manage the students it currently has, and now it wants to add the Ranch development. The District should be broken into smaller better managed pieces- not get larger.

 

Agenda Item #27 Trustee Agenda Item Request page 466

Board Audio at 135:25 (2 hours

The Board voted 6-0-1 (Trustee Reardon was absent) to Move the June 14th BOT meeting to June 7th

This item was raised by Trustee Mc Nicholas as a point of personal privilege to change the change board meeting schedule so that she would not miss two June Board meetings.

Currently scheduled June 14 and 28. Requesting to move June 14 to June 7 so she would only miss one meeting instead of both.

at 137:00 Trustee Jones don't schedule a Board meeting the Wednesday after a Monday holiday. Discussion of Easter Break with meeting the day after.

at 138:20 Trustee Hatton-Hodson religion cannot be a part of making a board meeting schedule.

at 138:56 Trustee McNicholas only one meeting in April. I am just asking about June

at 139:33 Superintendent Vital we need two June meetings. 

at 140:06 Trustee Jones - next year no Wednesday meetings after a holiday.

at 140:33 Trustee Pritchard suggested only one meeting a month. Now were having 4 meetings a month.

142:24 Trustee Hanacek moves to change the June 14th meeting to June 7th. Trustee Holloway seconds the motion.

 

Agenda Item #28 FIRST READING Board Policy Title I Programs page 468

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Board Audio 142:46 (2 hours 22 minutes 46 seconds)

The Board voted 6-0-1 (Trustee Reardon was absent) to waive bylaw 9311 and to place Board Policy 6171 on the Consent Calendar at the March 8, 2017 meeting for Ratification.

District Staff is recommending that CUSD eliminate transportation funding for some; but not all Title I School of Choice students.

No Blue Card was pulled on this item - this is being being put on Consent Calendar at the March 8, 2017 BOT meeting for Ratification- Agenda Item #8 

District staff wants to eliminate bus transportation for some, but not all Title I students. This will effectively force many Title I families to remain at low performing, under enrolled schools identified as schools in program improvement). This is being done to save money ($300,000), and to increase enrollment at under enrolled schools.

There are 7 schools that CUSD is currently spending hundreds of thousands of dollars to "re-brand". With this policy change, Title I students who do not have transportation will effectively be forced to remain at their home schools forcing increased enrollment at under enrolled schools.

District Staff must know that many of these families do not have transportation and therefore will have no choice. 

If approved by the Board, CUSD's new policy will create inequities in educational opportunity within the District by providing busing for some Title I students and not others.  

 

 

THIS ITEM WAD CONTINUED FROM THE JANUARY 25, 2017 BOT MEETING

Agenda Item #29 FIRST READING Board Policy 5111 Admission page 473

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Board Audio: 154:54 2 hours 34 minutes 54 seconds)

The Board voted 6-0-1 to waive bylaw 9311 and to place Board Policy 6171 on the Consent Calendar at the March 8, 2017 meeting for Ratification.

(Trustee Reardon was absent)

CUSD is clarifying the age requirement for admission into Kindergarten and Transitional Kindergarten and defining proof of age documentation.

Proof of age is required for all enrolling students:

The evidence may be in the form of:

1. An official or certified copy of the birth record,

2. A statement by the local registrar or county recorder certifying the date of birth,

3. A baptismal certificate or official hospital record of birth,

4. A passport, or

5. When none of the above is obtainable, an Affidavit for Proof of Age of Minor signed by the student’s parent/legal guardian may be accepted. 

To enter:

Transitional Kindergarten: 5th birthday from September 2 - December 2.

Kindergarten: 5th birthday on or before September 1.

First Grade: 6th birthday on or before September 1.

 

 

THIS ITEM WAS CONTINUED FROM THE JANUARY 25, 2017 BOT MEETING

Agenda Item #30 Board Policy 5111.1 District Residency page 477

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Board Audio: 158:30 (2 hour 38 minutes 30 seconds)

The Board voted 6-0-1 to waive bylaw 9311 and to place Board Policy 6171 on the Consent Calendar at the March 8, 2017 meeting for Ratification.

(Trustee Reardon was absent)  

Schools shall accept students living within their defined attendance boundary, with the following exceptions:

Students in Grades K -8, who enroll after a school's maximum capacity has been reached, will be assigned to an alternate site if all the classes of a student's grade level are full.

CUSD has intentionally left out High School from this policy because every High School within CUSD except Capo Valley is grossly over enrolled.

No Blue Card was pulled on this item - this is being put on Consent Calendar at the March 8, 2017 BOT meeting for Ratification- Agenda Item #8 

A March 2016 capacity study showed that CUSD has 8555 students over the legal capacity. 5,235 are High School Students.

K-6 1,844 over capacity

7-8 1,476 over capacity

9-12 5,235 over capacity

This was 2015-16 enrollment. The new Ranch development is estimated to produce almost 5,000 new students (maybe more). Planning Area 1 is sold out. Planning Area 2 will be sold out by September 2018 (maybe sooner). There are no schools in the Ranch Development and no construction on any new schools has begun. There may be as many as 1019 students that do not have a seat at a school when school starts September 2017.