July 26, 2017 Capistrano Unified BOT Meeting Agenda Item #25 - BOARD BYLAW 9320, MEETINGS

The following is the wording of the policy that was placed on the actual Board Agenda 72 hours in advance of the Board meeting as required by law. CUSD then passed out an "Amendment" of the Policy at the meeting. Only those people in attendance of the meeting would have an opportunity to speak on these changes.


The Amended Policy handed out at the meeting:


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Board Audio 

BLUE CARD - Dawn Urbanek

I spoke at the June 28, 2017 Board Meeting

The Board Audio can be heard at: 189:09

Board Audio at 190:22 BLUE CARD Dawn Urbanek

From the Public's perspective, making fewer Board meetings is a bad idea. Tonights board meeting agenda is over 1,100 pages and has 52 Agenda Items. I know that Trustees do not read the entire agenda. It is not possible because many of you have full time jobs. As such, the Board relies on Staff and Superintendent Vital for recommendations. As a member of the public who regularly attends Board meetings; I know that staff lies to the Board, or provides "mis-information" to the Board. Superintendent Vital lies to the Board and knows Staff provides the Board with mis-information, but fails to correct the information. 

Board Audio at 191:05 Dr. Gary Pritchard interrupted my 3 minute comment and ...

(The Audio volume for this comment has been lowered to the point it is no longer audible)

Trustee Pritchard objected to my comment, and admonished me for stating that Staff lies to the Board and that Superintendent Vital knows they are providing the Board with mis-information which she fails to correct.

Board Audio at 191:30  Trustee Jones

Trustees as elected officials can be criticized by the Public, but for the Public to come and criticize Staff is unacceptable. To make insulting remarks about the Staff is unacceptable. 

Trustee Jones should also step down for admonishing a member of the Public for their FREE SPEECH.

Board Audio at 1:91:43 Dawn Urbanek trying to complete the 3 minute public comment.

As a member of the Public who has documented why I feel certain members of your staff should be fired for cause, I have every right to come and say that. I spoke tonight in closed session and asked you to consider that in your review of Superintendent Vital. It is my tax money that gets spent by Trustees who don't know what they are voting on a lot of the time. It is wrong for Trustees to allow Staff to do the District's business on the Consent Calendar. CUSD is the District that did a $33.86 million dollar land purchase for the Esencia School site on the consent calendar without a price.

Note: There is an active investigation by the Orange County District Attorney regarding Land Fraud and the Gifting of Public Assets. All disclosures on the purchase price of Esencia K-8 prior to the vote on the land purchase disclosed a price of $21 million ($1.5 million per acre). The District agreed to value the land as if it had 100 homes on it $33.86 million ($2.4 million per acre). This Item should never have been placed on the consent calendar, and CUSD was only caught because members of the Public asked that the item be amended to show the price, and then pulled this item from the Consent Calendar to force a discussion. The actions of Staff clearly showed an intent to conceal the purchase price from the Public. Clark Hampton and Kristen Vital should be fired for cause for this alone. I have stated this many times, on the record.

The Complaint can be read at: https://cusdwatch.com/index.php/2-uncategorised/201-march-22-2017-board-meeting-agenda-item-22

Board Audio at 192:26 Trustee Pritchard interrupted my comment again.

Trustee Pritchard made a motion to approve the Item before my 3 minute comment was completed. He stated "not everything needs a comment - somethings just need to be moved along. Speakers should not denigrate our staff in public. It is a low bar when we allow these types of comments to go unanswered."

Board Audio at 193:48 Trustee Jones 

We have motion and a second. I agree that it is unnecessary to have two meetings a month. This is a recent change and we should go back to the one meeting. We will have Staff Reports and we won't require staff conversations of every item.

Vote to Approve this item 6-0-1 (Trustee Reardon had left the meeting early)

I was never allowed to finish my 3 minute comment. 


BLUE CARD - Dawn Urbanek

At the last Board Meeting Trustee Pritchard knowingly and intentionally, and with great malice impugned my character in a public forum in an effort to diminish my credibility. Trustee Pritchard Slandered me in Public.

I have volumes of documentation that illustrates the mis-information that both Staff and Superintendent Vital provide this Board. The only protection that a taxpayer has from an abusive governmental agency is their individual right to come to a Public meeting and express their concerns to the Board of Trustees who were elected to represent them.

Unfortunately for taxpayers living within CUSD boundaries; and students who are mandated to attend CUSD schools, the majority of the CUSD Board of Trustees were not elected by the People. Their seats were bought by CUEA at a cost of $60,000 each. As such, and as demonstrated by both Trustee Pritchard and Trustee Jones, the Public has no true representation on this Board. 

The Public is at the mercy of a majority Board of Trustees that has absolutely no interest in Public in-put. That is why Superintendent Vital is trying to get the Board to change the format of its meetings to limit public speech to the greatest extent possible. They have specifically discussed trying to limit the number of Blue Cards and time one speaker can speak during the entire meeting. At the June 28, 2017 Board meeting Superintendent Vital actually changed the format of the meeting and there was never a Trustee vote to approve the changes. Listen to the confusion of the Board members:

Board Audio at 80:27 Trustee Jones

All Blue Cards are Ms Urbanek she will read all the Items she has comments on and then Trustees will Pull the Items they choose to discuss. 

Board Audio at 84:20 Trustee Reardon

I am confused by this process.

Board Audio at 84:23 Dawn Urbanek

I don't think the Board ever voted to change its process yet.

Board Audio at Kristen Vital 84:50

Explains the process. 

This new process was NEVER APPROVED BY THE BOARD. It limits Public in-put. 

If taxpayers allow this Board to conduct its meetings in secrete we will continue to see declining academic performance for our students as a result of having to attend class in overcrowded facilities that have not been fixed or maintained for 15 years with staff to student ratios that are not safe. CUSD does not provide students with a district funded minimum curriculum that aligns with minimum state content standards and curriculum frameworks, taught by an appropriately credentialed teacher.

This District not only does great harm to our children- they do great damage to taxpayers and our local economy.

This is a District that failed to mention an $889 million dollar school facilities bond to Cities during ad hoc meetings; and when City leaders came to the rescue for taxpayers, CUSD threatened to sue them.

This District gifted the Ranch $13 million in taxpayer dollars by agreeing to pay $33.86 million for 14 acres of land- valued as if it had 100 homes on it, on the consent calendar and without naming a price.

This District allowed a Toll Road to be graded within 100' of Tesoro High School without any concern for the Health and Safety of students. 

This District data mines it's students and then sells the personally identifiable information it collects to anyone who offers payment. 

This is the District that is moving San Clemente practice fields to an upper campus with abandoned school buildings so that the TCA can put an onramp through them.

This District needs to be broken into smaller pieces and given back to the local government so that taxpayers and students will be treated with the care and respect they deserve. As long as a union bought board governs CUSD you will see continued increases in employee compensation and declining academic performance from students.

Every tax payer should go back and listen to the Board audio from the June 27, 2012 Board of Trustees meeting where Trustee Pritchard as Board President denied minority Trustees the ability to make statements on the record regarding the Budget and employment contracts. This was documented by the Orange County Department of Education. 

"The majority members of blocked comments by minority members using parliamentary maneuvers. It wasn't pretty"

Here are three examples of Staff being less than honest with Trustees at the last Board meeting alone:

Example 1: Regarding PacWest HVAC filters installation: Clark Hampton Made a Statement on the record that was false and if Trustee Jones had not called Palos Verde that Statement would have stood as a fact. 


$125,000 funded from the General Fund- shouldn't this be funded from deferred maintenance fund?

Motion to approve: Trustee Hanacek

Second: Trustee Holloway

Item Approved: 7-0-0


Board Audio at 1:54:36

This Item was pulled by Trustee Hanacek and Trustee Holloway

Trustee Hanacek: Concerns about Quality of HVAC system.CUSD is band-aiding HVAC Systems. 

Board Audio at 1:55:46

Clark Hampton we will look at other options. If these filters clogged before 6 months it was suppose to be replaced for free.

Board Audio at 1:56:48

Trustee Holloway - feedback from employees is that there is an option to allow Pac West employees to install these filters.

Board Audio at 1:57:07

Clark Hampton - Pack West does not do installation. Staff installs the filters.

Another mis-representation by Staff.

Board Audio at 1:57:14

Trustee Jones called Ranch Palos Verde to find out- They do have Pac West do the installations. We seem to have a lot of failures in our HVAC systems.

Example 2: Regarding the LCAP Presentation  - GO back and listen- Staff NEVER presented the LCAP data at a Board meeting.


Board Audio at 1:37:00

This Item was Pulled by Trustee McNicholas.

On June 7, 2017 The Board had a Public Hearing and a LCAP Item for Information and Discussion. There was a presentation.

Board Audio at 1:37:29

Superintendent Vital stated that there was a Public Hearing and a Discussion Action Item and the Board FULLY DISCUSSED THE LCAP. That is why this is on Consent as opposed to a discussion item.

The Entire LCAP Presentation - Public Comment - Trustee Discussion Lasted 11 minutes.There was NO PRESENTATION OF DATA

Trustee McNicholas & Superintendent Vital made mis-representations to the Public on the record.


Example 3 Native america Education

Agenda Item #27 NATIVE AMERICAN PARENT AND STUDENT COMMITTEE 2017-2018: page 619 Staci Yogi states that she does not know how many students are in this program but she does know that 700 are in school loop- according to data quest CUSD has around 112 Native American students - not 700 - did she ever give Trustee Bullockus the correct answer?  Susan Holiday stated $173 students and the Grant Amount was only $35,000- The Item explains that the Grant amount is $2,668,890. It pays $40.45 per day per child so the number of kids in the program should be  $2,668,890 / 7281 (40.45 X 180 days of school) = 366 kids… something is not adding up?  

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Board Audio at 1:33:21

Motion to approve: Trustee Readon

Second: Trustee Bullockus

Item Approved: 7-0-0

BLUE CARD: Dawn Urbanek

CUSD has been awarded a 4- year Indian Education Formula Grant. The Grant is for the period July 1, 2017 - June 30, 2018 in the amount of $2,668,890 for the purpose of providing services related to early childhood development. $40.45 per day per child.

As a requirement of the grant CUSD must have a Native American Parent and Student Committee that meets 3 times per year. 

CUSD has 112 Native America students in the District that attend 40 different schools. 

K:            4
Grade  1:  8
Grade  2:  4
Grade  3: 10
Grade  4:  6
Grade  5:  7
Grade  6: 11
Grade  7: 13
Grade  8:  3
Grade  9: 13
Grade 10: 12
Grade 11:  8
Grade 12: 13


Board Audio at 1:58:33

This Item was pulled by Trustee Hanacek - Even if we had one student - we should always go for Grant funds. This is an automatic renewal.

Board Audio at 1:59:32 

Dr. Susan Holiday - This Grant doesn't require a great deal of Staff time. To correct the record it is 173 students enrolled. We receive $35,000 through this grant.

Board Audio at 1:59:56 

Trustee Bullockus - We have 173 enrolled in this program, do we know how many total Native American students we have at CUSD

Board Audio at 2:00:01

Dr Susan Holiday - I would need to get back to you.

Board Audio at 2:00:15

Trustee Bullockus - Has anything changed about the Treasurer? They have had a Treasurer for 10 years and now we realize we don't need one?

Board Audio at 2:00:30

Staci Yogi - Executive Director, State & Federal Programs - The Committee adopted the By-laws we had a Treasurer but we do not fundraise or collect money so we don't need a treasurer.

Board Audio at 2:00:25

Trustee Bullockus - Do you know how many students are Native American?

Board Audio at 2:01:27

Staci Yogi - Executive Director, State & Federal Programs - Need to get back to you. CUSD has 700 students in school messenger that are Native American or have listed they are partially native American.