Making it easy for the Public to follow CUSD Board Meetings

CLOSED SESSION

at 11:38

Kim Sprauge

SPECIAL RECOGNITIONS

Board Audio at 14:23: http://cusd.capousd.org/cusdweb/audio2016-17/CUSD_BoardAudio_May-10-2017.mp3

CUSD is a Modle SARB District in California.

Extra Miler Mike Beekman, Executive Director, Safety and Student Services Chad Smith, Coordinator Pupil Welfare Jenna Perry, School Counselor/SARB Coordinator Recognized for creating a successful system to address student attendance issues that resulted in the District receiving the Model SARB Award by the State of California.

PUBLIC HEARINGS

ATTENTION SAN CLEMENTE RESIDENTS ONLY

Agenda Item #1- PUBLIC HEARING: RESOLUTION NO. 1617-74, CONVEYANCE OF AN EASEMENT TO THE CITY OF SAN CLEMENTE FOR VERDE PARK: page 1

 

At the April 19, 2017 BOT meeting, Staff presented the Board with a Resolution to authorize an easement to the City of San Clemente for the strip of land that runs between San Clemente High Schools upper campus and Verde Park. The Board approved the Resolution and now a PUBLIC HEARING is being held May 10, 2017 Agenda Item #1. The vote is Agenda Item #28.

The Board discussed that it did not want to get involved in the middle of what they felt is a local issue. Some residents want to cut down the trees because they are a safety issue, while others want the trees protected. 

SC TIMES ARTICLE 2-5-15: Eucalyptus Crashes in Verde Park

April 19, 2017 BOT Agenda Item #29 page 447 meeting  https://cusdwatch.com/index.php/2-uncategorised/224-april-19-2017-board-of-trustees-meeting-agenda-item-29 

Board Audio at 53:59 

May 10, 2017 BOT Meeting Agenda Item #1 page 1 PUBLIC HEARING Resolution No. 1617-74 CONVEYANCE OF AN EASEMENT TO THE CITY OF SAN CLEMENTE FOR VERDE PARK: Approval to Convey an Easement to the City of San page 429

May 10, 2017 BOT Meeting Agenda Item #28 page 429 Vote on the PUBLIC HEARING Resolution No. 1617-74 http://capousd-ca.schoolloop.com/file/1218998819331/1218998864154/2131855088392147983.pdf

THIS ITEM SHOULD BE PULLED UNTIL FULL DOCUMENTATION IS PROVIDED

Agenda Item #2 - PUBLIC HEARING: RESOLUTION NO. 1617-75, APPROVING ENERGY SERVICES CONTRACT WITH SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. FOR APPROVED PLAN NO. 2 (APPLICATION NO. 1646) FOR THE DISTRICT’S ENERGY CONSERVATION PROGRAM FOR SIX SCHOOL SITES: page 2

Where are the competitive proposals? They have never been made Public? They are Not on the Web Site now?

Where is the August 22, 2017 Legal Memorandum? It is not included in this Item or corresponding Agenda Item #29? 

THIS ITEM SHOULD BE PULLED UNTIL FULL DOCUMENTATION IS PROVIDED

PAY TO PLAY is draining millions of tax payers dollars away from California's Public Education System

This appears to be another AFTER - THE - FACT CONTRACT that did not go through a competitive bid process, and it looks like that despite CUSD having received "Prop 39 Energy Grant Funds, CUSD spent General Fund money to do this and is now trying to cover it's tracks. 

May 10, 2017 Board Meeting Agenda Item #29 Approval of Resolution for Schneider Electrict. page 446.

12-07-15 Energy Audit Services: Request for Proposals RFP No. 5-1516 http://purchasing-capousd-ca.schoolloop.com/file/1437932188288/1446976138052/2402252653890038902.pdf

12-14-15 Energy Audit Services: Advertisement http://purchasing-capousd-ca.schoolloop.com/file/1235192779493/1446976138052/8876703781360291820.pdf

01-08-16 Addendum I http://purchasing-capousd-ca.schoolloop.com/file/1235192779493/1446976138052/4927992963316283311.pdf

01-08-16 Addendum II http://purchasing-capousd-ca.schoolloop.com/file/1235192779493/1446976138052/4691246085109774469.pdf

No Other documentation for Bids-

CUSD makes reference to a Legal Memorandum dated August 22, 2016 that concludes that “the District’s RFP process conducted back in January 2016 was consistent with the California Energy Commission’s 2015 Program Implementation Guidelines, issued December 2014, and that the Board is authorized to award the implementation portion of the projects under the proposed Contract to Schneider Electric, Inc. as contemplated by the RFP.”

"The required findings to be read aloud into the record are:

1. The Board adopts the findings and recommendations of staff as set forth in staff’s Report and Attachment A thereto as the Board’s findings; and

2. Schneider Electric was selected through a competitive Request for Proposal process consistent with the requirements set forth in the California Energy Commission’s 2015 Program Implementation Guidelines, has performed the needed evaluations and assessments required to receive approval for state funding of the projects, said funding has now been received as a result of the District’s and Schneider Electric’s efforts, and has guaranteed to implement those conservation measures for a price not to exceed the state funding received by the District for the projects. Therefore, by entering into the proposed Energy Services Contract with Schneider to implement the ECM recommendations the Board finds that it is in the best interests of the District, provides the best value to the District, and pursuant to California Government Code § 4217.10 et seq. the Board hereby approves the proposed Energy Services Contract with Schneider to implement the measures recommended in Approved Plan No. 2 for the Facilities as a design-builder and construction manager"

PAY TO PLAY is draining millions of tax payers dollars away from California's Public Education System

Here is one example: 

Prop 39 Energy Grant: CUSD Received $8,125,658 million dollars. 

February 22, 2017 page 7 of 479 

Schneider Electric was paid $2,490,333.00 PO 364862 to do energy audits of 6 High Schools.

Why was this paid from the General Fund and not the Special Fund - Prop 39 Energy Grant Fund?

Schneider Electric Lobbied for the Passage of Prop 39 and became a direct beneficiary of their efforts. 

 

Schneider Electric Partners with Capistrano Unified School District to Secure $2.5 million in Prop 39 Funding

News Releases

19/10/2016

Capistrano Unified School District Partners with Schneider Electric to Secure $2.5 Million in Prop 39 Funding

ANDOVER, Mass. – October 19, 2016 – The Capistrano Unified School District (CUSD) today announced the California Energy Commission’s approval of $2.5 million in grant funding for energy efficiency improvements through the Proposition 39 Clean Energy Jobs Act (Prop 39). CUSD has selected Schneider Electric, the global specialist in energy management and automation, to implement efficiency projects that will save the district $227,000 in annual energy costs and secure $100,000 in energy rebates.
 
Link to Source Press Release
 
 

 

Schneider Electric, the global specialist in energy management and automation, along with the Capistrano Unified School District (CUSD) today announced the California Energy Commission’s approval of $2.5 million in grant funding for energy efficiency improvements through the Proposition 39 Clean Energy Jobs Act (Prop 39). CUSD has selected Schneider Electric to implement efficiency projects that will save the district $227,000 in annual energy costs and secure $100,000 in energy rebates.

CUSD faced challenges with aging infrastructure and outdated lighting systems in its high school buildings, which led to mounting utility costs. Through the partnership with Schneider Electric, CUSD will execute an energy savings plan that will achieve more than 1 million kWh in annual energy savings and reduce its utility bills by 10 percent. The project involves installing high efficiency LED lighting in six of the district’s high school campuses.

The Schneider Electric team helped CUSD navigate the complex system to secure Prop 39 grant funding and develop a plan to implement the funding to the fullest extent. Prop 39, which made $550 million available annually to improve schools’ energy efficiency and expand clean energy programs, is an important funding source in California.

“The time was right for the Capistrano USD to embark on an energy savings plan because our energy costs were escalating and the advent of Prop 39 funding gave us the opportunity to pay for critical projects without taking resources from our classrooms,” said CUSD Board President, Amy Hanacek. “We’re delighted to kick off this project and create more energy efficient spaces that will also create compelling learning opportunities for students.”

The energy efficiency project will offer CUSD students hands-on exposure to energy engineering and sustainable energy management, supporting the district’s commitment to STEM and STEAM curriculum. Students will be involved in the auditing, monitoring, and measurement and verification of electricity usage as an educational tool to establish innovation at every level within the school system. CUSD will also use Schneider Electric’s Resource Advisor software platform to measure and analyze energy spend, connecting energy data to analytics to guide decisions around energy use. Using Resource Advisor, district staff and students will be able to see energy use in real-time, determining where high energy use occurs and where energy reduction measures can be implemented.

“We’re excited to help the Capistrano USD join many other California schools in leveraging Prop 39 funding to meet their energy savings goals,” said Tammy Fulop, Vice President, Schneider Electric. “At Schneider Electric, we take great pride in helping schools maximize their Prop 39 allocation to drive significant energy savings that can be reinvested into educational programs. The added component of involving students in learning about energy management is a unique and exciting part of the CUSD project which will help create the next generation of energy leaders.”

In addition to annual energy savings, the project will also have a substantial environmental impact, removing 261 metric tons of CO2 from the atmosphere, which is equivalent to removing 56 cars from the road or planting 10,442 acres of trees.

Over the past 23 years, Schneider Electric has successfully implemented more than 575 ESPC projects across the nation, savings its clients nearly $2 billion. This project delivery method helps publicly funded entities make capital improvements over longer payback periods and offers many long-term benefits such as improved facility efficiency, occupant comfort, financial management and environmental protection.

For more information on Schneider Electric’s approach to performance contracting, please visit http://www.enable.schneider-electric.com.

About Schneider Electric

Schneider Electric is the global specialist in energy management and automation. With revenues of ~$30 billion in FY2015, our 160,000+ employees serve customers in over 100 countries, helping them to manage their energy and process in ways that are safe, reliable, efficient and sustainable. From the simplest of switches to complex operational systems, our technology, software and services improve the way our customers manage and automate their operations. Our connected technologies reshape industries, transform cities and enrich lives. At Schneider Electric, we call this Life Is On.

  

 

DISCUSSION ACTION ITEMS

May, 2017 Meeting Agenda: http://capousd-ca.schoolloop.com/file/1218998819331/1218998864154/2131855088392147983.pdf

Board Audio: Not Available Yet

CITIZENS REQUEST

 

Agenda Item #26 - Board Policy 9322, Agenda/Meeting Materials, states any member of the public may request that a matter within the jurisdiction of the Board be placed on the agenda of a regular meeting. Michelle Wendehost requested the placement of an agenda item to address the Board regarding Assembly Bill 424, Possession of a firearm in a school zone page 416

Learn More

Board Audio:

Existing law makes it a crime to possess a firearm in a place that the person knows, or reasonably should know, is a school zone, unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority. This bill would delete the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.

RED FLAG:

TRUSTEE HATTON - HODSON REQUESTS TO LIMIT PUBLIC IN-PUT AT BOARD MEETINGS ON HER WAY OUT THE DOOR

Agenda Item #27 - Board Policy 9322, Agenda/Meeting Materials, states any member of the public may request that a matter within the jurisdiction of the Board be placed on the agenda of a regular meeting. During the April 19, 2017 Board Meeting, Trustee Hatton-Hodson requested the placement of Board Bylaw 9323, Meeting Conduct, on the May 10, 2017 agenda to discuss the bylaw language and alignment of the public speaker “blue card” page 424

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Board Audio:

Amendment of Board Bylaws to limit PUBLIC COMMENT

Board Meeting Audio at 11:03

At the April 19, 2017 BOT Meeting during Trustee comments Trustee Lynn Hatton- Hodson directed Staff to look into Board Policy 9323 Bylaws of the Board MEETING CONDUCT as it applies to the BLUE CARDS and the law as it pertains to the amount of time a speaker has, as well as how other districts handle a single speaker.

Board Meeting Audio at at 12:04

Trustee Lynn Hatton-Hodson announced her resignation effective June 2, 2017

ATTENTION CITY OF SAN CLEMENTE

THIS IS THE VOTE ON PUBLIC HEARING Agenda Item #1

 

Agenda Item #28 - RESOLUTION NO. 1617-74, CONVEYANCE OF AN EASEMENT TO THE CITY OF SAN CLEMENTE FOR VERDE PARK: Approval to Convey an Easement to the City of San page 429  

Learn More

Board Audio:

Staff presented this item at the April 19, 2017 Board meeting as Agenda Item #29. It is a Resolution to authorize an easement to the City of San Clemente for the strip of land that runs between San Clemente High Schools upper campus and Verde Park. 

The Board approved this Resolution and tonight Trustees will hold a PUBLIC HEARING Agenda Item #1 and Agenda Item #29 is the Boards Adoption of the Resolution.

This has to do with the maintenance of trees along the patch that connects SCHS upper and lower campus. 

SC TIMES ARTICLE 2-5-15: Eucalyptus Crashes in Verde Park

THIS IS THE VOTE ON PUBLIC HEARING Agenda Item #2

Agenda Item #29 - RESOLUTION NO. 1617-75, APPROVING ENERGY SERVICES CONTRACT WITH SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. FOR APPROVED PLAN NO. 2 (APPLICATION NO. 1646) FOR THE DISTRICT’S ENERGY CONSERVATION PROGRAM FOR SIX SCHOOL SITES: page 446

Learn More

Board Audio:

No money for District Funded Art Music or Science for every student... but there is $8.3 million to spend on Energy Audits.

See PUBLIC HEARING Agenda Item #1

Agenda Item #30-CANDIDATE APPRAISERS FOR REAPPRAISAL OF THE ESENCIA SCHOOL SITE: page 516

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Board Audio:

CUSD purchased the Esencia K-8 School Site for $33.86 million dollars from Rancho Mission Viejo. They valued the 14 acre site as if it had 100 homes on it. When taxpayers questioned the exorbitant price CUSD was forced to seek re-appraisal. The estimated price was always disclosed to be $21 million which taxpayers were going to qustion as to much for a school site property with NO ENTITLEMENTS. 

School site land is estimated to be worth between $500 - $800 thousand an acre... $11 million dollars. As a result of the alleged gifting of $23 million in taxpayer funds, a complaint has been filed with the District Attorney.

Agenda Item #31- ESENCIA K-8 SCHOOL BOUNDARY ESTABLISHMENT PROCESS:  page 520

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Board Audio:

The Ranch is representing to all new buyers at Esencia and Sendero that their children will be going to Las Flores K-8 until Esencia K-8 is built, and then to Tesoro for high school. 

Right now the Ranch students are being bused to Las Flores & Tesoro. Once the current phases of Esencia are sold out. The school district is going to change their home schools to Esencia K-8 and San Juan Hills as their High School. That is why CUSD is adding 628 new seats to that campus. While CUSD is adding capacity to SJH it has clearly stated that Talega Mello ROos taxpayers could not be guaranteed a seat at SJH even though their Mello Roos paid for that school. The same is happening to Ladera Ranch Mello Roos taxpayers who are being denied seats at Tesoro to accommodate the Ranch students. 

CUSD should be honest with Taxpayers. 

At the April 19, 2017 BOT meeting Superintendent Vital responded to this by stating:

94% of students got their School of Choice. Every Talega Resident who wanted a seat at SJH got a seat.

* No mention of Ladera Ranch students who wanted a seat at Tesoro.

April 19, 2017 Board Meeting Audio at 40.01

RED FLAG:

REPLACEMENT FOR TRUSTEE BOARD MEMBER LYNN HATTON HODSON 

Mission Viejo Resident

Represents Trustee Area 7, which covers portions of Rancho Santa Margarita, Mission Viejo, and Coto de Caza. First elected to the board in 2010.  Re-elected in 2014 for a term ending in 2018. 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

On April 19, 2017 Trustee Hatton-Hodson formally announced her resignation effective June 2, 2017. Trustees have 60 days to appoint a new Interim Trustee or call for a special election.  

Education Code section 5091 and Board Policy BB 9223 provide that when a vacancy occurs on the Board of Trustees, the Board of Trustees may order an election to fill the vacancy. 

It is projected to cost $164,287 and $181,956 to hold a special election.

Trustee Hatton-Hodson is currently being investigated for Conflict of Interest.

RED FLAG:

THIS ITEM SHOULD BE PULLED SINCE THE LEARNING SOFTWARE PLATFORMS ARE NOT DISCLOSED

Naviance Family is not Mentioned and Parents are not being asked to OPT IN as required by Naviance Family Terms of Service Agreement with CUSD.

Trustee Hatton-Hodson should abstain from this vote due to her Conflict of Interest investigation.

Agenda Item #34 FIRST READING - BOARD POLICY 6146.1, HIGH SCHOOL GRADUATION REQUIREMENTS: page 529

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Board Audio:

The elimination of CCP/Health as a Graduation Requirement has been placed on the June 7, 2017 BOT Meeting by Citizen's Request.

After approving that request, Staff placed this request to continue to require CCP/Health as a Graduation Requirement for one more year and the revisit this issue in 2018.

CCP/Stand Alone Health as a year long block is not required by the State of CA to Graduate. This is uniques to CUSD. This requirement impacts students schedules and makes it impossible for students who wish to attend a 4-year selective university complete their a-g course requirements without being forced to take two years of summer school or Zero period. For two years CUSD has been unable to articulate why this unnecessary block of classes continues to be a requirement to graduate. 

A-G Completion Rates:

CUSD: 54.4%

Irvine: 66.8%

Laguna Beach: 67.2%

Newport Mesa: 59.8% 

The Citizen's Request - Talking Points 

Agenda Item #32- RESOLUTION NO. 1617-81, TO PURSUE A PROVISIONAL APPOINTMENT TO FILL VACANCY OF TRUSTEE AREA 7: page 524

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Board Audio:

To save money, Staff is recommending that Trustees appoint an Interim Trustee rather than hold a Special Election. 

Agenda Item #33 RESOLUTION NO. 1617-82, TO CALL FOR A SPECIAL ELECTION TO FILL VACANCY OF TRUSTEE AREA 7: page 527

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Board Audio:

The City of Mission Viejo

At it's April 25, 2017 City Council Meeting, the City of Mission Viejo voted to send a letter to CUSD urging the school board to hold a special election for the seat that Trustee Lynn - Hatton Hodson is vacating June 2, 2017 due to her resignation.

Agenda Item #35 FIRST READING - BOARD POLICY 0420.4, CHARTER SCHOOL AUTHORIZATION: page 538

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Board Audio:

This Agenda Item has been brought to the Attention of Charter School Experts to comment on as needed. No comments as of publication.

Agenda Item #36- RESOLUTION NO. 1617-79, RESOLUTION OF THE BOARD OF TRUSTEES DISCUSSION/ TO CONDITIONALLY APPROVE THE CHARTER PETITION OF OPPORTUNITIES FOR LEARNING PUBLIC CHARTER SCHOOL-SAN JUAN CAPISTRANO OR RESOLUTION NO. 1617-80, RESOLUTION OF THE BOARD OF TRUSTEES TO APPROVE THE CHARTER RENEWAL PETITION OF OPPORTUNITIES FOR LEARNING PUBLIC CHARTER SCHOOL-SAN JUAN CAPISTRANO SUBJECT TO ENTRY INTO MEMORANDUM OF UNDERSTANDING: page 576

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Board Audio:

Opportunities for Learning is a Public Charter School that serves  

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Board, having fully considered and evaluated the Renewal Petition, hereby grants the renewal for a five-year term, commencing July 1, 2017, subject to the following conditions to be met by June 10, 2017:

The Conditions are spelled out in the Resolution.

The PUBLIC HEARING on Community Roots was March 22, 2017 Agenda Item #1:

Board Audio at 51:52

 

Agenda Item #37- RESOLUTION NO. 1617-78, IMPLEMENTING CERTIFICATED LAYOFF AND TERMINATING SERVICES OF CERTIFICATED EMPLOYEES AS A RESULT OF REDUCTION OR DISCONTINUATION OF PARTICULAR KINDS OF SERVICES: page 596

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Board Audio:

From March 8, 2017 BOT Meeting Agenda Item #21 

Board Audio at 118:50

Due to necessary budget cuts Staff is asking Trustees to eliminate the following positions:

Instructional Services:

  • Mild/Moderate 1 FTE

Instructional Support Services:

  • Nurse 1 FTE
  • Psychologist 5 FTE

Administrative Services:

  • Assistant Principal, Elementary 1 FTE
  • Program Specialist 1 FTE

Total 11 FTE

Actual number of notices that need to go out will not be 11, it will be significantly less.

CUSD is eliminating 1 FTE Employee Danielle M McGowan Nurse Licensed Vocational 

Regular Pay $24,755.00

Other Pay ($837.00)

Benefits $17,071.60

Total Compensation $40,989.60

TEACHERS CONTRACTS ARE CURRENTLY BEING NEGOTIATED - so they claimed to have to cut 12 FTE to balance the budget. Despite CUSD "Across the Board" Employee Compensation Increases of over $120 million dollars over th e past four years - they end up cutting 1FTE part time nurse who makes as much in benefits as they do in pay? HUMMMMM?