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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/CUSD_BoardAudio_March-8-2017.mp3

Board Audio at 2:15 Trustees went into closed session at 5:04pm

at 2:17 Board Meeting started at 7:07pm

ROLL CALL - Trustee Holloway is absent 

at 3:17 Adoption of the Agenda

Staff has moved Item #18 Special Education Community Advisory Committee Annual Report to the Special Recognition section of themeeting tonight.

Staff has moved Agenda Item #22 Resolution No. 1617-56, Ratification of Agreement to Purchase the Esencia School Site and Delegation to Accept the Deed to the First Discussion/Action Item tonight

Staff has pulled Agenda Item #5 Award Bid No. 1617-18, Esencia K-8 - Straub Construction, Inc. from the Consent Calendar and it will heard immediately following Agenda Item #22. 

at 4:06 Trustee McNicholas 

May I please have a motion to adopt the Agenda

Motion by Trustee Reardon

Second by Trustee Pritchard

Motion Passes 6-0-1 (Trustee Holloway absent)

at 4:22 Report Out from Closed Session 

CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNCIL

Janie Hoy/Sara
Young Attorney – Ernest Bell
Significant Exposure to Litigation – Nine Cases
OAH Case Number 2016070290
OAH Case Number 2016100847
OAH Case Number 2016110290
OAH Case Number 2016110512
OAH Case Number 2017020094
OAH Case Number 2017020228
OAH Case Number 2017020354
OAH Case Number 2017020493
OAH Case Number Unassigned

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

 

at 4:25 Trustees Voted 6-0-1 to approve all 9 cases. (Trustee Holloway was absent)

EXHIBIT A-1

EXHIBIT A-2 

EXHIBIT A-3  

EXHIBIT A-4

EXHIBIT A-5 

EXHIBIT A-6  

EXHIBIT A-7

EXHIBIT A-8 

EXHIBIT A-9  

 

B. STUDENT EXPULSIONS

Mike Beekman
Three Cases
Case Number 2017-032
Case Number 2017-033
Case Number 2017-035

at 5:16 Trustees Voted 6-0-1 to approve all 3 cases. (Trustee Holloway was absent)

EXHIBIT B-1

EXHIBIT B-2 

EXHIBIT B-3  

C. LIABILITY CLAIM: 

Clark Hampton
Significant Exposure to Litigation – Two Cases
Rejection of Government Claim: No.LBI 1603347 MH

Rejection of Government Claim: No.LBI 1603370 MH
(Pursuant to Subdivision (d) of Government Code Section 54956.9, Paragraph (2) or (3))

at 5:31 Trustees Voted 6-0-1 to approve the rejection of both cases. (Trustee Holloway was absent)

EXHIBIT C-1

EXHIBIT C-2

 

D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Kirsten M. Vital and Clark Hampton
Attorney: Stan Barankiewicz
Significant Exposure to Litigation – One Case
(Pursuant to Government Code § 54956.9(d)(2)(3))

Kirsten Vital/Clark Hampton/Susan Holliday
Attorney – David Huff
Significant Exposure to Litigation – Two Cases
(Pursuant to Government Code § 54956.9(d)(2)(3))

at 5:56

Item D-1 No Reportable Action

Item D-2 Trustees gave Direction to Staff

 

 

EXHIBIT D-1

EXHIBIT D-2

E. 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)

at 6:10 No Reportable Action

 

F. 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 and Terms of Payment
(Pursuant to Education Code § 54956.8)

Purchase of Real Property Esencia K-8 School Site

at 6:15 In Closed Session the Board Approved an MOU that would allow CUSD to get  two additional appraisals for the Esencia K-8 School school site. 

The Vote was 6-4-0-1? (Trustee Holloway was absent)

This vote makes no sense?

 

at 000:23 PUBLIC COMMENT CLOSED SESSION ITEMS

 BLUE CARD - Dawn Urbanek

Trustees - elected by the people, have a fiduciary duty to represent taxpayers and students in all matters before this Board. Staff has intentionally hidden material information from this Board. If Staff had shared the October appraisal with this Board in a timely manner, Trustees would have had an opportunity to request a second appraisal. Approval of this contract with a price tag of $33.8 million dollars will be a breach of your fiduciary duty to taxpayers.

THIS ITEM WAS PULLED FROM CONSENT CALENDAR AT THE FEBRUARY 22, 2017 BOARD MEETING. THE ITEM WAS HEARD AT A SPECIAL BOARD MEETING MARCH 15, 2017 BUT NOT VOTED ON. IT WAS MOVED TO THE MARCH 22, 2017 BOARD MEETING TO BE DISCUSSED IN CLOSED SESSION AND TO BE VOTED ON AS AGENDA ITEM #22

Hiding material information from Trustees is a fireable offense and you really need to let Clark Hampton go.

Comment Stopped here.

In all previous documents disclosed to the Public, the price of the land for Escencia K-8 School Site 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 Appraisal of this land was completed in October 2016 valuing the land at $33.86 million. 

Staff did not provide Trustees with an opportunity to review the proposal until the February 22, 2017 Board Meeting. 

The Item was placed on the CONSENT CALENDAR without a Price.

Members of the asked Staff to amend the Item to reflect the sales price. 

The Item was amended to reflect a sales price of $33.86 million

The agreement was signed by Clark Hampton on January 19, 2017 WITHOUT BOARD APPROVAL.

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

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

This is 14 acres of dirt with NO Entitlements attached to the land.

The Appraisal valued the land at "Highest and best use" - as if it had 100 homes on it.

If this agreement is approved - taxpayers will have been defrauded out of $23 million dollars.  The fair market value of dirt without entitlements is believed to be $500 - $800 per acre - $11,000 million dollars.

 

G. PUBLIC EMPLOYEE/DISCIPLINE/DISMISSAL/RELEASE

Gordon Amerson
One Case
(Pursuant to Government Code § 54957)

at 6:37 No Reportable Action

 

H. PUBLIC EMPLOYMENT AND EVALUATION OF PERFORMANCE

Superintendent
(Pursuant to Government Code § 54957(b)

at 6:38 No Reportable Action

 

 

SPECIAL RECOGNITIONS

at 6:47 Ryan Burris CUSD recognizes Veronica Hoggat Chairperson Special Education Community Advisory and Mina Carson Ability Awareness

 

 

 

 

 

 

Agenda Item #18 Special Education Community Advisory Committee Annual Report page 188

Board Audio at 6:47

Learn More

EXTRA MILER AWARD

Rob Harris and Jeff Ridley for their commitment and dedication to the Best Buddy Programs at Dana Hills High School and San Clemente High School

ASSOCIATED STUDENT BODY

at 24:05 Robert Medrano, Associated Student Body President for San Clemente High gave his presentation.

San Clemente High School

Tradition - Commitment - Experlence

Chris Carter, Principal 

Matt Reid, Activities Director

Robert Medrano, Associated Student Body President

BOARD AND SUPERINTENDENT COMMENTS

SUPERINTENDENT COMMENTS

at 28:11

Viejo Elementary PTA received an award from the 4th District PTSA for their free school wide art night. Viejo also received an "Art Cart" to be used during recess.

Superintendent Vital sat on a panel presentation of the South Orange County Economic Coalition's 2017 Economic Report at Saddleback College regarding CTE pathways to build a strong economy to ensure jobs and housing for students.

CUSD held a Special Board Workshop on March 15, 2017 on Independent PE

Superintendent Vital attended the 2017 teacher of the year celebration at SOKA University. 

TRUSTEE COMMENTS

at 31:14 Trustee Hanacek

Attended CAC Ability Awareness Day and it was fabulous. 

Ability Awareness Program Guide: http://sped-capousd-ca.schoolloop.com/file/1255790833619/1370800239026/5848087683397751730.pdf

Trustee Hanacek is and always will be a Triton Mom- San Clemente High has such great spirit and cohesiveness.

"I wish my sons could do high school all over again!"

32:41 Trustee Jones

Told a story about a cousin who had severe cerebral palsy and commented how if he were alive to day, he would be able to attend school and be welcome in school. Back when he was alive these students were not allowed to attend school.

at 33:49 Trustee McNicholas

Attended Viejo Elementary School Art Night. One of the things they had children do was lay on the floor and draw on paper that was taped to the underside of tables so they could experience Michael Angelo's perspective.

4th District PTSA Council received an award for their OUTSTANDING WORK ON ADVOCATING FOR MEASURE M

George White Silent Auction

Capo Valley High School won Southern California Section 2A Sectional 

ORAL COMMUNICATIONS

at 35:28 Sally White - CUEA President

Two teachers past away - Terry Arndt of Kinoshita after a long battle, and Kristina Nusenow of Marblehead Elementary very suddenly.

We just had our Teacher of the Year Awards at SOKA University.

Now we are at our Annual Beg For A Raise Event 

Teachers make 17% less than their peers with the same education in other fields.

We wonder why young graduates do not want to enter the teaching profession.

We have 2,100 teachers and CUSD is telling us we are worth nothing.

My son-in-law who has been working 11 years and has one less year of college than I do, and receives an annual bonus that is more than my salary.

We recognize that are young teachers less than 15 years are still receiving Step and Column annually but they are still way behind their peers in the County.

We loose newer teachers at about year 5.

At Step 5 we are 24 out of 28 in the County 

At Step 10 we are 26 out of 28 in the County

At Max Salary we Rank 21 out of 28

No raises in 4- years means even with a 5% bump that equals 1.25% per year.

Our Increased contributions to benefits have completely eaten up any increases in compensation. 

IT SHOULD BE NOTED THAT THE ROOM WAS PACKED WITH TEACHERS ASKING FOR A RAISE ALL WEARING BLACK.

at 38:53 Lisa Hoover

She has been teaching for 31 years and does not understand why teachers are worth a 0% raise.

at 40:53 Kristen Occura

Positive benefits between physical education and cognitive thinking. PE cannot be learned on online. Bought every Trustee a book.

at 44:07 Tim Samson

Teacher 11 years. 2007 Teacher of the Year. New dad. Cost of rent is astronomical. Cost of buying a home is astronomical. Even with a 5% down payment on a $600,000 home the monthly payment is $3,500 there is no money left for anything else. My dog had to go to the vet $1,000.00 Car needs a new timing belt $600.00. If all your great teachers leave because they can't afford to live here, then what kinds of community will you have?

at 47:41 Holly Woods Gray

Works as a Financial Advisors at Students First Credit Union.

CUSD does not allow us to have in-house access to your employees. Teachers do not understand their retirement benefits.  San Diego Unified is offering an Early Retirement. We are on the approved provider list yet we do not have in-house access to your employees to provide them with valuable information.

at 50:05 Donavan Higby on behalf of Congresswoman Mimi Walters 

Each spring, a nation-wide high school arts competition is sponsored by the Members of the U.S. House of Representatives. The Artistic Discovery Contest is an opportunity to recognize and encourage the artistic talent in the nation, as well as in our Congressional District.

The Artistic Discovery Contest is open to all high school students in the 45th District. The winning artwork of our district's competition will be displayed for one year in the U.S. Capitol. The exhibit in Washington will include the winning artwork from all participating districts from around the country. The winning artwork is also featured on House.gov's Congressional Art Competition page

PUBLIC HEARING

Board Audio at 51:52

Learn More

Opportunities for Learning Public Charter Schools
Grades: 7-12
Principal: Nicholas Perez
Assistant Principal: Ken Devor | This email address is being protected from spambots. You need JavaScript enabled to view it.
Address: 33621 Del Obispo Street, Suite E, Dana Point 92629 | Map
Phone: (949) 248-1282 | Fax (949) 248-2450 
Links:  School Website

MATH: Proficient in Math by the end of 11th grade 7% 

ENGLISH: Proficient in English by the end of 11th Grade 52% (met standard) + 6% (exceeded standard) = 58%

SCIENCE: Proficient in Science 46%

 

PRESENTATION BY DR HOLIDAY

at 51:52 Dr Susan Holiday presents Opportunities for Learning Charter School Renewal.

CUSD is getting a 30 day extension to review the Charter renewal.

PUBLIC COMMENTS

at 54:26 Olga Solomon, parent in support of the Charter

at 54:11 Talen, student at Opportunities for Learning Charter School in support for Charter Renewal

at 55:45 Andrew, teacher at Opportunities for Learning Charter School in support for Charter Renewal

CHARTER SLIDE PRESENTATION

at 56:48 Dr Able Cabrara Presentation Opportunities for Learning has been Chartered since 2002

at 57:45 Principal Nicholas Perez - Slide Presentation - Mostly White - not Hispanic 

Year around enrollment using APEX online learning to create individual learning plans. 

Special Programs - Partnership with Pathways in Education

TRUSTEE COMMENTS

at 63:17 Trustee Pritchard

What is the Cost? 

at 63:30 Dr. Able Cabrara - It is FREE to students.

CUSD spends $871,044.96 to educate 74 students $11,770 per student that is about double the per pupil funding at most school sites.

at 63:31 Trustee Jones

Can we please get a copy of your slide presentation? We went through it very quickly.

at 64:06 Dr Susan Holiday

There is a link to it on the web site.

at 64:15 Trustee McNicholas

With that I declare the Public Hearing Over.

at 64:27 Superintendent Vital

Next Steps?

at 64:27 Dr Susan Holiday

This will come back to the Board on May 10, 2017 with Staff's recommendations to Trustees

RE-ORGANIZATION OF THE BOARD AGENDA

at 64:44 Trustee McNicholas

Staff has pulled Agenda Item #5 and it will be a Discussion/Action Item.

Agenda Item #17 it should be amended to read "SECOND READING" not "Ratification"

Trustee Hatton-Hodson has to abstain from Item #16 Board Minutes because she was not here for that meeting.

Trustee Reardon Pulls Item #20

Superintendent Vital pulls Item #22

BLUE CARDS - PUBLIC PULLS  #2 #3 #4 #7 #12 #13 #14 #15 #16 #17

I believe we only have Item #6 on our consent calendar.

Motion to adopt the Consent Calendar Motion by Trustee Jones Second by Trustee Hatton-Hodson

Trustees vote 6-0-1 to approve Consent Calendar

We will do Discussion Action Items First then Return to Consent Calendar

Agenda Item #22  Resolution No. 1617-56, Ratification of Agreement to Purchase the Esencia School Site and Delegation to Accept the Deed. 

Board Audio at 68:15 

Learn More 

Agenda Item #5 Award Bid No. 1617-18, Esencia K-8 - Straub Construction, Inc.

Board Audio at 90:56 

Learn More 

BROWN ACT VIOLATION

The manner in which CUSD handled the MOU is a Brown Act Violation that has been turned over to the District Attorney.

The MOU was never disclosed to the Public prior to the March 22, 2017 Board meeting. The Public had no opportunity to review the MOU and make comments. The Board audio clearly shows that it was an error to have Superintendent Vital sign the MOU. The audio makes clear that this error was recognized and that Trustee Reardon offered to CO-SIGN the document. When you look at the signature page that was released two days later the signature has been altered and is unintelligible. There is clearly NOT a signature by Kristen Vital and Jim Reardon. When I questioned Trustee Reardon about the signature he informed me that clearly someone took it upon themselves to "clean up the document" before releasing it to the public.

In addition to "cleaning up" the signature page. Staff has since re-posted the Agenda Item to make it appear that the MOU was part of the Item all along. Having copies of the original item and the amended item- the Public knows that this is untrue. 

The following Board Audio illustrates this:

at 126:28 Trustee McNicholas

Before we go on to Consent Calendar, we need to go back to the MOU. In the absence of a Clerk (Trustee Holloway is absent) I must appoint a substitute. I appoint Superintendent Vital as Secretary to the Board to execute all Esencia related documents. Kristen Vital did sign any time sensitive documents needing a Clerks Signature and Trustee Holloway will sign the rest.

at 133:19 Trustee Pritchard

I am sorry, but we have to go back Policy says you should appoint an acting clerk for only one meeting - why did you not appoint another Board member rather than the Superintendent. 

at 134:20 Trustee McNicholas

Superintendent Vital is the Clerk of the Board

at 134:21 Trustee Pritchard 

No - she is our employee - Secretary of the Board. I am cautioning.

at 134:37 Trustee McNicholas

We did pass those things that needed signing and at this point I can clarify that it is only for this meeting.

at 134:55 Trustee Pritchard

This is a little odd

at 135:27 Trustee McNicholas

Yes it is a little odd, We will learn better for next time.

at 137.11 Clark Hampton

Before we move on, just to be extra sure can we have a Trustee sign the emergency documents? Could the President appoint another Trustee to Co-sign the documents just to be on the safe side. There is no active fundraising in this matter.

at 137.25 Trustee McNicholas

Jim- I hereby appoint Trustee Reardon to CO-SIGN the Esencia documents in absence of our Clerk Patricia Holloway. Is that agreeable with the Board.

SUPERINTENDENT VITAL PICKED UP AND OVERNIGHT BAG AND LEFT THE MEETING.

HER DEPARTURE WAS NOT ANNOUNCED ON THE RECORD.

THE TIME WAS 7:56 pm.

DISCUSSION ACTION ITEMS

Agenda Item #18 Special Education Community Advisory Committee Annual Report page 188

Board Audio at 6:47

Learn More

This Item was moved to the beginning of the meeting.

This was an Information?Discussion Item- no vote was taken

 

Agenda Item #19 Reduction or Elimination of Certain Classified Services page 198

Board Audio at 94:09

Learn More

Trustees voted 6-0-1 to approve this resolution (Trustee Holloway was absent)

Due to projected budget cuts CUSD wants to Eliminate the following positions:

1 Bilingual Instructional Assistant

3 Instructional Assistants

1 Instructional Assistant Science

8 Mental Health & Behavior Support Specialist

15 Middle School Campus Supervisors

28 Positions - 16 FTE

at 95:35

Rhonda Whalen (CSEA president) spoke very eloquently about using one-time money to pay ongoing expenses.

These layoffs could effect as many as 40 people due to rules regarding layoffs and bumps due to seniority. 

Something to Consider:

The Teachers Union has been very vocal about NOT accepting a 0% salary schedule increase. They packed the Board meeting for Oral Communication then left without hearing any of the actual Board Meeting. 

Do you cut 15 middle school campus supervisors and 8 mental health & Behavior Support Specialist in order to give teachers a fifth consecutive year of compensation increases?

Cutting these positions effects the Health and Safety of students.

 

TAXPAYER ALERT

Agenda Item #20 Resolution No 1617-67, Approval of Application Submission of SCAQMDPA 2017 Electric Bus Funding Grant Program page 200

Board Audio at 104:06

Learn More

TAXPAYERS SHOULD BE ANGRY

Each Bus Costs: $372,193.32 (100% California Taxpayer dollars) + It will cost $50,000 - $80,000 in CUSD money to build the EV charging station.

Total cost $1.7 million in taxpayer dollars

Trustees voted 5-1-1 to approve this resolution (Trustee Reardon voted No, Trustee Holloway was absent)

TAXPAYER ALERT

BLUE CARD Dawn Urbanek 

 

On February 7, 2017 Superintendent Vital executed a Grant Application to Purchase 5 Electric School Buses WITHOUT BOARD APPROVAL. The application was due February 10, 2017

No Matching Funds are Required - This is totally funded with California Taxpayer dollars.

The busses must be purchased from ELion (a Canadian Company) The only approved vendor for this grant money.

Each Bus Costs: $372,193.32 (100% California Taxpayer dollars)

$242,193.32 will be paid by Grant Funds

$130,000.00 will be paid for with HVIP funds

Receipt of the Grant is dependent on CUSD building a EV Charging Station

The costs to build the Charging Stations cam in at:

ChargedEV.com $184,451.00

Auto Charging Experts $188,046.00

evConnect $165,019.50

CUSD is applying for $100,000 Electric Charging Station Infrastructure Grant ($20,000 per bus)

The balance < $100,000.00 will come from CUSD

California Taxpayers are fully funding these expensive busses. CUSD is cutting its bus routes. Parents have to pay for the few bus routes that are remaining.

This is a shameful scam on California Taxpayers. Multiply this by thousands of school districts that are being forced to lay off teachers to balance their budget and this is truly a disgrace. 

CUSD Current Bus Inventory:

Diesel Buses: 92 total

Pre 1994: 34

1994 and later: 58

CNG/Propane buses: 24

CUSD built an $800,000.00 Natural gas fueling station last year which is probably a similar program to this. 

Under "Local Control", the State is suppose to give districts money that is NOT earmarked for a specific purpose. Rather than increase the Base Grant the State is now giving millions in one time grants that must be spent on particular things:

Teacher Effectiveness Grant - Professional Development (Pay to Play)

Technology Grants - Technology for Common Core Implementation (Pay to Play)

Energy Grants - Millions to Schnider Electric to do energy audits (Pay to Play)

and now Electric Bus Grants. 

All of this waste of money while our facilities need $889 million in repairs, we have 8,555 students over capacity, our class sizes are the highest in California and the nation, parents have to fundraise for core educational programs like Art, Music and Science, they have to pay fees for parking and ASB positions. 

Does this really make financial sense for California students? This is why California Education is in the bottom in the Nation. California is not educating students. California uses our Public Education System to raise tax revenues to spend on new programs and entitlements that are not Constitutionally mandated. This Grant is nothing more than the use of taxpayer money to promote a political agenda of California's radical left CARB Board.

 

Agenda Item #21 Resolution No. 1617-69, District Support of Assembly Bill 445, Career and Technical Education (CTE) Permanent Funding Program. page 223 

Board Audio at 116:33

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Trustees voted 6-0-1 to approve this resolution (Trustee Holloway was absent)

TAXPAYER ALERT

BLUE CARD Dawn Urbanek 

 

California's new Education Funding Law, the Local Control Funding Formula was initiated to eliminate all mandated spending so that local communities could determine how best to spend its education dollars.

Instead of making a new "categorical program called CTE" give school districts the $900 million in permanent funding to Districts in the form of an increased Base Grant and let them decide how to spend the money. That was the purpose of the "Local Control" Funding Formula.

Unfortunately the State has not kept its promise to taxpayers.

The funding under LCFF is limited to 2007-08 levels + inflation, not to be reached until 2021. SCHOOL DISTRICTS (Wealthy Suburban School Districts aka districts with a low % of students who are ELL, receiving Free and Reduced Lunch and/or are in Foster Care) ARE CURRENTLY BEING FUNDED AT LEVELS OF FUNDING THAT ARE LESS THAN THEY WERE IN 2007-08.  

However, THE STATE IS ENJOYING RECORD HIGH REVENUES. Since 2007-08 the State has $79 Billion dollars more in its budget than it did in 2007-08. But, rather than increase the Base Grant, the state has chosen to provide additional funding in the form of one-time-grants that are mandated to be spent on specific things just like the categorical programs that LCFF was suppose to eliminate. These new mandates force district to pay for things like Professional Development ("Teacher Effectiveness Grant") and the Career Technology Incentive Grant that must be spent on EdTech companies.

For - Profit companies like Schneider Electric and Trustee Hatton-Hodson's company InnovateEd are growing rich at the EXPENSE OF THE QUALITY OF EDUCATION THAT STUDENTS CURRENTLY RECEIVE.

PAY-TO-PLAY is draining Millions of taxpayer dollars from California's public Education system.

Press Release:

"Capistrano Unified School District Partners with Schneider Electric to Secure $2.5 Million in Prop 30 Funding."

Schneider Electric spent big bucks to back the passage of Prop 39. But it was cheap money because school districts across the state paid millions (like CUSD) for their energy audits.

CUSD paid Schneider Electric $2,490,333.00.

Taxpayers are paying for Schneider Electric to make millions.

Districts like CUSD are so underfunded they do not even provide the minimum State "recommended" (not "mandated") Curriculum to every student. Schools where parents cannot fundraise - have no art, music , or science unless parents fundraise for it (another tax). The average class size for students in Transitional K to grades 3 is 33:1. CUSD facilities need $889 million in repairs according to CUSD's YES on measure M. Spending $2.5 million dollars on energy audits for 5 high schools is an unbelievable use of taxpayer money. CUSD has Asbestos that has not been abated since 1999 due to a lack of adequate funding.

Supporting Documentation

 

TAXPAYER ALERT

FRAUD & GIFTING OF TAXPAYER FUNDS

Agenda Item #22 Resolution No. 1617-56, Ratification of Agreement to Purchase the Esencia School Site and Delegation to Accept the Deed. page 225

Board Audio at 68:15 

Learn More

THIS ITEM WAS MOVED TO THE BEGINNING OF THE MEETING BEFORE PULLED CONSENT ITEMS

Two complaints have been filed withe the District Attorney and have been assigned to Special Prosecutor Ray Armstrong.

One: For fraudulent purchase and sale of real estate (Gifting of taxpayer money to the Ranch),

and

Two: Mello Roos Taxpayers being denied seats at schools they paid for, to accommodate Ranch students.

District Staff is also being looked at for potential Brown Act Violations- Staff "cleaned up" signatures on the MOU which the public never saw until two days after the Board Meeting, and then amended the Agenda listing to make it look as though the MOU was part of the March 22, 2017 Board meeting.  

 

BLUE CARD - Dawn Urbanek

THIS ITEM WAS PULLED FROM CONSENT CALENDAR AT THE FEBRUARY 22, 2017 BOARD MEETING. THE ITEM WAS HEARD AT A SPECIAL BOARD MEETING MARCH 15, 2017 BUT NOT VOTED ON. IT WAS MOVED TO THE MARCH 22, 2017 BOARD MEETING TO BE DISCUSSED IN CLOSED SESSION AND TO BE VOTED ON AS AGENDA ITEM #22

In all previous documents disclosed to the Public, the price of the land for Escencia K-8 School Site 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 Appraisal of this land was completed in October 2016 valuing the land at $33.86 million. 

Staff did not provide Trustees with an opportunity to review the proposal until the February 22, 2017 Board Meeting. 

The Item was placed on the CONSENT CALENDAR without a Price.

Members of the asked Staff to amend the Item to reflect the sales price. 

The Item was amended to reflect a sales price of $33.86 million

The agreement was signed by Clark Hampton on January 19, 2017 WITHOUT BOARD APPROVAL.

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

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

This is 14 acres of dirt with NO Entitlements attached to the land.

The Appraisal valued the land at "Highest and best use" - as if it had 100 homes on it.

If this agreement is approved - taxpayers will have been defrauded out of $23 million dollars.  The fair market value of dirt without entitlements is believed to be $500 - $800 per acre - $11,000 million dollars.

 
 

 CONSENT CALENDAR

at 126:28 Trustee McNicholas

Before we go on to Consent Calendar, we need to go back to the MOU. In the absence of a Clerk (Trustee Holloway is absent) I must appoint a substitute. I appoint Superintendent Vital as Secretary to the Board to execute all Esencia related documents. Kristen Vital did sign any time sensitive documents needing a Clerks Signature and Trustee Holloway will sign the rest. 

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 & SUPPORT SERVICES

Agenda Item #2 Donations of Funds and Equipment page 1

Total Donations  $429,179.04

Board Audio at 127:47

Learn more

Trustees voted 6-0-1 to approve this Item after a lengthly discussion regarding inequities within the District caused by CUSD's reliance on fundraising and donations to pay for basic instructional services. (Trustee Holloway was absent)

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".

Leonard Foundation donated $225,000.00 Teachers Salaries to Reduce Class Sizes Las Palmas Elementary School.

Marblehead PTA $1,755.00 Art Masters Program

Oso Grande Elementary School $1,382.04 Classroom Material and Supplies

Palasades Elementary School PTA $18,795.05 5th Grade Science Camp

United Way $1,202.92 Instructional Assistants Tijeras Creek Elementary

Teamsters Local Union No 952 $500 Bus Driver Appreciation Day

Forster Ranch Education Foundation $25,300.00 5th Grade Field Trip Truman Benedict.

Clarence Lobo Booster Club $105.00 Substitute Coverage 5th Grade Science Camp

Clarence Lobo Booster Club $1,470.75 Teacher Co-Curricular Assignment 5th Grade Science Camp

Clarence Lobo Booster Club $17,585.00 5th Grade Science Camp

Education For Children Inc. donated $10,046.00 Instructional Materials and Supplies Las Flores Elementary School

Education For Children Inc. donated $12,766.46 Instructional Materials and Supplies Las Flores Middle School

 

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.

See Slide Presentation: Fundraising for Core Educational Programs

Agenda Item #3 Purchase Orders and Commercial Warrants page 3

Total Purchase Orders: $763,654.03

Total Warrants: $7,644,631.58

Board Audio at 139:43

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Vote to approve all PO's and Warrants 6-0-1 (Trustee Holloway Absent)

BLUE CARD Dawn Urbanek

PURCHASE ORDERS

Conferences $2,062.00 

Spending on Conferences has gone way down over the past few months- very grateful.

Conferences and Professional Development should not be paid for out of the General Fund- $1,262 was General Fund Money- over 1/2. 

WARRANTS

Orange County Fire Authority $2,500.00 

Leadership Associates $4,655

Per a Public Records Request #80 it was discovered that at the March 8, 2017 Board Meeting  PO#365217 was presented for approval in an amount not to exceed $10,000 to be paid to the Orange County Fire Authority for payment of fines for responding to false fire alarms. 

 

RED FLAG TAXPAYERS 

Agenda Item #4 Independent Contractor, Professional Services, Field Service and Master Contract Agreements: Page 35

Board Audio at 140:40

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2 New Agreements: $439,377.08

AW Industries $409,700.00 Inspection services at Esencia K-8

SBCO Inc. dba Rutherford Design $29,677.08 New Sound System at San Clemente High School

Vote to approve $409,700.00 Contract with AW Industries 5 - 1- 1 (Trustee Reardon Votes No Trustee Holloway is absent) and Trustees Voted to approve $29,677.08 contract with Rutherford Design without discussion.

Moved by Trustee Jones - 2nd By Trustee Hatton Hodson.

The Contract with AW Industries should not have been approved:

  • The contract did not go out to bid
  • Staff hired and Inspector of Record to work in-house despite stating on the record that this is not a normal process. Typically DSA will not let you hire an IOR as an employee because technically the IOR reports to the Architect so DSA considers it a Conflict of Interest for the IOR to report directly to the District.
  • CUSD normally contracts with Knowland Construction a broker of DSA Inspectors and did not do so in this case 

BLUE CARD Dawn Urbanek

at page 36  AW Industries

On the March 8, 2017 Agenda Item #3, this was a $626,4500 contract with AW Industries for Inspection services for Esencia K-8 School.

I pulled the contract because it did not have the contact information for the company.

Some research showed:

Adam Watson is an individual DSA inspector that is listed on the Knowland Construction web site. 

There is a corporate filing for an AW Industries Group Inc - A construction management business. Adam Watson is listed as Secretary. The corporate address is a personal residence.

There is no AW Industries on the web except for the corporate filing.

Agenda Item #2 contained a PO for $409,700. Both the PO and Contract were pulled and are being approved on the March 22nd Agenda.

On the March 22, 2017 Agenda Item #4 the Board is being asked to Approve a PO in the amount of $409,700.00 made out to AW Industries. This contract still has no contact information for the company, and 3 pages are missing including the signature page. 

Comparing the two contracts, it appears that the March 8, 2017 agenda has two AW contracts: 1 for $409,700.00 for Inspection Services of Esencia K-8 and 1 for inspection services for Tesoro High School for $216,750.00 that is not included in this Agenda Item. 

at page 39 SECO, Inc. Rutherford Design

This is a $29,677.08 contract for a new audio system for San Clemente High School Triton Center. This contract was approved at the February 22, 2017 Board Meeting. Why is the identical contract back with the following changes:

The terms of the COntract shall begin on:

Original: February 23, 2017

March 22, 2017: February 1, 2017 

CUSD is backdating the NEW contract

Scope of work:

Original: "Repair/Replace entire audio system replacement for SCHS Triton Center."

March 22, 2017:  Purchase and replace/install audio system for San Clemente Triton Center."

 

ESENCIA SCHOOL SITE 

Agenda Item #5 Award Bid No. 1617-18, Esencia K-8 - Straub Construction, Inc. page 42

Board Audio at 91:26

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THIS ITEM WAS MOVED TO THE BEGINNING OF THE MEETING BEFORE PULLED CONSENT ITEMS

Trustees voted 6-0-1 to approve this resolution (Trustee Holloway was absent)

 

Contract Awarded to lowest bid Straub Construction $27,569,000.00 

Project can start within 90 days of award of the bid (March 22, 2017) 

The Project must be completed within 420 calendar days of acceptance of the bid (May 2018).

The Esencia K-8 would be open for 2018-19 School Year.

 

Agenda Item #6 Award of Request for Proposals NO. 2-1617, Financial Auditing Services - Nigro & Nigro PC page 73

Board Audio at 64:44

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Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract on the Consent Calendar without discussion 

CUSD is hiring the firm Nigro & Nigro to perform financial year audits:

2016-17 $58,000

2017-18 $58,000

2018-19 $58,000

2019-20 $59,450

2020-21 $60,950

CUSD is hiring the firm Nigro & Nigro to perform financial year audits for the Community Facilities District:

2016-17 $  3,000

2017-18 $  3,000

2018-19 $  3,000

2019-20 $  3,200

2020-21 $ 3,400

or

Agenda Item #7 California Multiple award Schedule Contract NO. 4-03-78- 0023A Awarded to Progressive Design Playgrounds for Playgrounds and Outdoor Equipment and Related Services. page 86

Board Audio at 156:16

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Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract with changes after a lengthly discussion as to what the contract was actually for, and what amount was being approved since the Title and the Description did not match. 

Brown Act Violation

The Agenda Item Description was changed after being posted. The Board Audio will reflect the change and the lengthy discussion as to what was actually being paid for. 

Very troubling discussion was this $100,000 for playground equipment or $850,000 annually for technology equipment or $$850,000 one time money for Astro Turf at San Clemente High?

BLUE CARD Dawn Urbanek 

This is a $100,000 maximum contract with Progressive Design Playgrounds for Playgrounds and Outdoor Equipment and related services. However, the agenda Item states that this is a $850,000 contract for technology products and related services funded by the Deferred Maintenance Fund.

 

at 1:69:56 Trustee McNicholas

Trustee did not vote to approve Items #8, #9, #10 on the consent calendar and they were not pulled. 

A motion to approve these Items was approved by Trustee Jones. Second by Trustee Hatton-Hodson.

at 171:20 Item #12 was also not approved on Consent and was not pulled

A motion to approve Item #12 was approved by Trustee Jones. Second by Trustee Hatton-Hodson.

Agenda Item #8 Procure Eligible Computer Hardware and Software utilizing Requests for Proposals Process Relating to Assessment Delivery and Delivery and Data Management System page 100

Board Audio at 169:56

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Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract on the Consent Calendar without discussion 

Agenda Item #9 Second Extension and Amendment of Bid No. 1516-13 Refurbished Computer Equipment - 2NDGear, LLC page 129 

Board Audio at 169:56

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Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract on the Consent Calendar without discussion 

Bid #1516-12 Original Contract for refurbished computer equipment was executed  October 28, 2015 for the period 10/29/15 - 10-28-16.

Extension I - 10-28-16 for period 10-29-16 to 10-29-17.

Extension II Changes the name of the company from Insight Exchange to 2NDGear, LLC and extends the contract to 10-28-18.

On January 1, 2017, Insight Systems Exchange DBA Insight Investments LLC changed its legal name to 2ndGear, LLC.

 

Agenda Item #10 State of California Multiple Award Schedule Contract NOS 3-15-70-2486F and 3-15-70-2486E, Minnesota WSCA-NASPO Master Agreement NOS. MNWNC-108, MNWNC-109, MNWNC-115, MNWNC-117, and <NNVP-133 and National Association of STate Procurement Officers Value Point Master Agreement No. AR615 For Various Information Technology Goods and Services Awarded to Various Providers. page 138

Board Audio at 169:56

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Trustees voted 6-0-1 (Trustee Holloway was absent) to approve this contract on the Consent Calendar without discussion 

3-15-70-2486F: immixGroup, Inc

3-15-70-2486E: EC America Inc

Minnesota WSCA-NASPO Master Agreement NOS:

MNWNC-108: Del Marketing L.P

MNWNC-109: EMC Corp

MNWNC-115: Hewlett Packard

MNWNC-117: Lenovo (US) Inc.

NNVP-133 Hewlett Packard (Contractor)

National Association of State Procurement Officers Value Point Master Agreement No. AR615: F5 Networks Inc. 

Agenda Item #11 Waterford Unified School District Bid No 01/17, School Buses with A-Z Bus Sales, Incorporated page 139

Board Audio at 169:56

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$130,000.00 contract for new school buses as needed for 2016-17.

Capacity 24 Ambulatory Bus:

Micro Bird G5 FORD 158" Gas 18+2 WC 2CRS PAX: $78,698.63 per Bus 

Micro Bird G5 FORD 158" Gas 24 PAX $70,591.00 per Bus

 

   

HUMAN RESOURCE SERVICES

Agenda Item #12 Student Teaching Affiliation Agreement with Western Governors University. page 140

The Board Voted 6-0-1 without comment to approve this Item

Motion by Trustee Jones

Second by Trustee Pritchard

Board Audio at 171:44

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Contract for CUSD to provide student teaching experiences for teacher enrolled in educational programs through Western Governor's University, an online Teachers College and Online Teacher Licensure Degree programs.

The Host Teacher is paid $150 per teacher candidate.

The Clinical Supervisor is paid $500 per teacher candidate.

BLUE CARD Dawn Urbanek 

We are started to hear a lot about a pending teachers shortage. Sally White (CUEA President) is going to ask CUSD to give 200 CUSD teachers an early retirement this year and another 239 over the next couple of years.

My concern is where are we going to get well trained young teachers?

This Item is a contract with Western Governor's University which is an a nonprofit online university to credential teachers. They gain limited classroom experience through student teaching affiliations with school districts like CUSD. The Host Teacher gets paid $150 per teacher candidate and the Supervisor is paid $500 per candidate.

 

 

Agenda Item #13 Resignations/Retirements/ Employment Classified Staff page 145

The Board Voted 6-0-1 without comment to approve this Item

Motion by Trustee Hatton-Hodson

Second by Trustee Pritchard

Board Audio at 173:29

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BLUE CARD Dawn Urbanek 

Total cost of ASB Funded Positions: $94,284.30

This is like another TAX on the Public- these are fees paid by parents in after tax dollars. Right now the average hourly rate is $10.00 per unit. When the minimum wage increases to $15.00 per hour these same services will cost parents  $141,426.25 FIFTY THOUSAND DOLLARS MORE FOR THE SAME SERVICES.

41 Classified Staff attended training.

Professional Development- CUSD pays the employee additional time at regular pay and then has to pay a sub for that person. Professional Development is becoming a drain on funding for other General Fund Items like Class Size Reduction- Restoration of District Funded Art Music and Science. CUSD now spends more on professional development than it does on books and supplies. 

 

 

Agenda Item #14 

Resignations/Retirements/ Employment page 161

The Board Voted 6-0-1 without comment to approve this Item

Motion by Trustee Hatton-Hodson

Second by Trustee Pritchard

Board Audio at 175:36

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BLUE CARD Dawn Urbanek 

6/5th Teaching Assignments $167,728 in new compensation.

PLC meetings $300 per employee + subs @$105 per day as needed.

Additional Assignments:

AP Review $7,245 + subs @$105 per day as needed

Facilities Science Department Chair Meetings/Workshops $1,500

Honor Concert Elementary $600

UEB Training - Special Education $2,100

Preparation for Counselor Showcase - 28 employees X 10 hours X $30 per hour =  $8,400.00 + subs @$105 per day as needed. 

*Note- This event happened on February 5, 2017 - why is Staff asking Trustees to approve this expense a month after this event happened.

ASB Funded Positions $71,819 when minimum wage reaches $15 per hour these same services will cost tax payers $107,728.50 

This is like another TAX on the Public- these are fees paid by parents in after tax dollars.

 

 

GENERAL FUNCTIONS

The Board Voted 5-0-1 -1 to approve this Item (Trustee Hatton-Hodson abstained from Item #15 Trustee Holloway was absent)

Motion by Trustee Jones

Second by Trustee Hanacek

at 178:39 Unidentified Staff member said they would go back and listen to March 8, 2017 Audio to check Agenda Item #3

Board Audio at 177:32

Agenda Item #15 Approval of the January 25, 2017 Regular Board Meeting Minutes page 172

Learn More 

Link to Minutes

Agenda Item #16 Approval of the January 25, 2017 Special Board Meeting Minutes page 185

Link to Minutes 

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BLUE CARD Dawn Urbanek 

At the last Board meeting you approved minutes that were five months old, now you are at 2 months. Why is it taking CUSD so long to approve Board Meeting minutes?

At the last meeting (March 8, 2017) I accidentally spoke to Agenda Item #4 when we were on Agenda Item #3. Everyone recognized the comment as Agenda Item #4. When we were done, Trustees just moved on to Item #5 so Agenda Item #3 was not ever voted on. You won't know that for three or four months when you actually do your minutes for tonights meeting.

 

Unfinished Business from the March 8, 2017 Board Meeting that needs to be addressed:

March 8, 2017 Board meeting shows that Agenda Item #3 Independent Contractor, Professional Services, Field Service Agreements and Master Contract Agreement

Board Meeting Audio March 8, 2017 at 54:16 http://cusd.capousd.org/cusdweb/audio2016-17/CUSD_BoardAudio_March-8-2017.mp3

This Item needs to be brought back and voted on: This item was skipped and never voted on. When this item was called - I accidentally spoke to Item #4 not #3, the Board recognized my comments as Item #4 and then moved on to item #5 without going back to Item #3. 

This Item was never voted on. 

BLUE CARD MARCH 8, 2017 Dawn Urbanek

At page 34  AW Industries - Inspection services Esencia School STAFF PULLED THIS ITEM

This is a $626,450.00 contract with AW Industries for Inspection services for Esencia K-8 School.

There is no address or telephone number listed for this company on the contract.

Adam Watson is an individual DSA inspector that is listed on the Knowland Construction web site. 

There is a corporate filing for an AW Industries Group Inc - A construction management business. Adam Watson is listed as Secretary - this is a personal residence. There is no AW Industries on the web except for the corporate filing.

A PO in the amount of $409,700 made out to AW Industries was suppose to be approved at the March 8, 2017 board meeting. This contract was pulled and was suppose to be on the March 15, 2017 Special Board meeting to discuss the contract to purchase the school site for Esencia, but it was not.

This Item is on the March 22, 2017 BOT Meeting as Agenda Item #2 and #3.

Agenda Item #2 page 3 is PO#365164 AW Industries for $409,700.00

Agenda Item #3 page 34 is the Contract with AW Industries for $626,450.00

 At page 40 Education Tool Box - Professional Development

Professional Development is eating up CUSD's budget- CUSD spends more money on Professional Development than it does on Books and Supplies

This is a contract to provide 3-day coaching training to develop the coaching skills of site-based coaches supporting teachers and strengthening classroom instruction.

Cost $3,000.00 + 40 participants that are paid $30.00 per hour when they are released from their teaching duties.

8:00 - 2:30 is 6.5 hours X 3 days = 19.5 hours per participant X 40 participant = 780 hours

780 hours X $30.00 per hour = $23,400.00 + 40 Substitutes @ $105 per day $105 X 3 days = $315 X 40 subs = $12,600 + Students loose their teach for 3 full days. $ Priceless

Total Cost $39,000.00 (not just the $3,000 cost of the Professional Development meeting)

At page 41 Julie Kim Dixon- Professional Development

This is a contract to provide 4-days of mathematics professional development.

Cost $20,000 +? participants that are paid $30.00 per hour when they are released from their teaching duties.

+ ? Substitutes @ $105 per day + Students loose their teach for 4 days. $ Priceless Total Cost $?

At page 43 WCL Architects

Contract period April 1, 2016 - June 30, 2016

This is a $141,000 contract for architectural/engineering services and extended construction administration services for the following projects:

Architectural/Engineering Fee Proposal - Capistrano Various Sites/CA/DSA Closeout

Palisades Elementary School
Viejo Elementary School
Las Palmas Elementary School
Del Obispo Elementary School
Crown valley Elementary School
Niguel Hills Middle School
Shorecliffs Middle School
Dana Hills High School

DSA is requiring a resubmission of A04-102767 with (9) separate new submissions under the new code since the application number for A04-102767 was vacated. This mandate from DSA will revise the scope and fee that was previously approved by CUSD.

Scope of work:

1. Field verify existing conditions
2. Prepare construction documents
3.Obtain DSA plan approval
4. Bidding and Negotiation
5. Provide Construction Administration
6. Prepare DSA Certification

 

Agenda Item #17 Ratification of Board Bylaw 9311, Board Policies page 186

This Item should say "SECOND READING".

The Board Voted 6-0-1 approve this Item (Trustee Holloway was absent)

Motion by Trustee Reardon

Second by Trustee Pritchard

Board Audio at 179:22

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BLUE CARD Dawn Urbanek

The changes to this policy are for the purpose of making it easier to amend Board Policies without having the full Board hear and vote on each policy.

The Board is voting on many items dealing with Rancho Mission Viejo and Trustee Holloway is going to need to recuse herself from these votes because of her previous relationships with Rancho Mission Viejo and her involvement in the Donna O'Neill Land Conservancy. 

Trustee Holloway was not present at the March 8, 2017 BOT meeting.

Trustee Hatton-Hodson has not been attending Board meetings since October 2016. CUSD announced that she would not be returning until April 2017 due to medical reasons. Any Trustee who cannot fulfill their duties for any reason should step down as Trustee. Because CUSD is governed by Trustee Areas, the students and taxpayers in Trustee Area 7 currently have no representation on this Board and if these proposed policy changes are made taxpayers within Area 7 will be disenfranchised.

Schools represented are:

Arroyo Vista K-8 School

Bathgate Elementary School

Castille Elementary School

Philip Reilly Elementary School

Tijeras Creek Elementary School

Wagon Wheel Elementary School

Newhart Middle School

Tesoro High School

Tesoro High School is facing huge impactions issues as the result of the Ranch development. Mello Roos taxpayers in Ladera Ranch are being denied seats that they are legally entitled to in order to accommodate Ranch students. 

It is not appropriate to change Board Policy because you have member that do not come to meeting a lot.