1:22 Special Ed
1:28 A-G CTE Conflict
 
 
December 12, 2018 CUSD BOT Meeting: INFORMATION/DISCUSSION/ACTION

AGENDA ITEM #29 THIRD READING – BOARD POLICY 6145.3 PUBLICATIONS

Information and Discussion - no action will be taken

Board Agenda page 417

Board Audio

Moved by Trustee Hanacek

Second by Trustee Bullockus

Approved 6-0-1

After obtaining feedback from students and teachers during the Newspaper Advisor Meeting held on October 17, 2018, staff made additional edits including the addition of a phrase establishing student editors as the ultimate judge of the literary value of material submitted for publication. The term “students” was change to “individuals” when talking about who may submit editorials. The sentence, “Publications shall not contain advertisement of activities in which student participation is not recommended,” was edited to say, “Publications shall not contain advertisement of activities in which it is illegal for students to participate.” Other edits were minor and did not change the meaning of what had originally been considered by Trustees. These include the replacement of the word “staff” with “their” and “topic” with “subject.”

There is No Fiscal Impact

  SCHOOL

AGENDA ITEM #30 POTENTIAL REGIONAL BOND MEASURE UPDATE AND PROPOSAL TO CONDUCT OPINION RESEARCH – TRUE NORTH RESEARCH

Information and Discussion - no action will be taken

Board Agenda page 422

Board Audio at 56:19 (Technology Issues- will come back)

Board Audio at 1:31:05

At the June 20, 2018 Board meeting, the Facilities and Finance Committee presented a proposal, developed in partnership with District staff, for placing one or more regional bond measures on the March 2020 ballot. The committee also presented a summary timeline including tasks to be completed leading up to the Board of Trustees considering placing a measure(s) on the March 2020 ballot. The Board approved this timeline and regional bond measure approach

Proposal to Conduct Opinion Research with True North Research.

Cost: $51,675 from the General Fund

CUSDWatch Comment

District Wide: Total Building Deficiencies 8,970

Total Cost $382 million

This Item is really about getting a Bond Passed in San Clemente that includes Palisades Elementary School. And CUSD wants to spend $51,000 to get a survey that will conclude that is what San Clemente wants. 

At the last Board meeting CUSD wanted to hire Fairbank, Maslin, Maullin. Metz and Associates to conduct this survey at a cost of $100,000.00 Board Agenda page 1102

Regional Option:

SFID #1 - 2020: San Clemente - Palisades Boundary outside San Clemente - No CFDs (Talega, Pacifica San Juan)

$110 million dollar Bond: $29 per $100 assessed value 

$220 million dollar Bond: $59 per $100 assessed value

SFID #2 - 2020-2024: Dana Point without Capo Beach - Laguna Niguel -Aliso Viejo

SFID #3 - 2024-2026: San Juan Capistrano - Not Including Palisades Boundary - Mission Viejo - No CFDs (Whispering Hills, Pacifica San Juan, Rancho Madrina)

SFID #4 - 2026-2028: Rancho Santa Margarita - Coto de Caza - No CFDs (Las Flores, Ladera) - No Esencia Boundary

Of Note: All of Rancho Mission Viejo is excluded.  

High School Boundary Option:

6 SFID's based on High School Boundaries - parts of Rancho Mission Viejo are included.

City Boundary Options

10 SFID's based on City Boundaries.

For some reason- CUSD really wants San Clemente to have a Bond that includes Palisades elementary. They do not show the map for the City of San Clemente- only Dana Point which includes Shorecliffs but excludes Palisades Elementary School.

This should be questioned? Lets have a real CITY boundary which would include Shorecliffs and exclude Palisades.

Maybe the City of San Clemente can save CUSD $51,000 by having the City conduct a FREE online poll of all Citizens on the City Web Site. 

Under Local Control City Districts make sense. Palisades Elementary School is not in San Clemente- Shorecliffs is. 

 

AGENDA ITEM #31  CALIFORNIA SCHOOL DASHBOARD FALL 2018

Information and Discussion - no action will be taken

Board Agenda page 491

Board Audio at 56:15

The California School Dashboard is an online tool that contains reports that display the performance of districts, schools and student groups on a set of state measures to assist in identifying strengths, challenges and areas in need of improvement.

Cost: $10,000 legal cost to set up and in kind services

CUSDWatch Comment

The Capistrano Unified results can be found at the California School Dashboard webiste

Of Concern:

Chronic Absenteeism

Suspension Rate

English Language Arts

Math

AGENDA ITEM #32  DASHBOARD DEVELOPMENT UPDATE

Information and Discussion - no action will be taken

Board Agenda page 491

Board Audio at 2:22:17

Information Only Item- No Board Act

The purpose of the District Dashboard is to provide information of student progress on several critical academic, social-emotional, and behavior indicators from pre-k through grade 12 and beyond.

These indicators emphasize the Multi-Tiered System of Supports (MTSS) whole child approach to ensure students leave the District college and career ready, and are socially and emotionally healthy. The intent of the District Dashboard is to not replace or replicate the State’s California School Dashboard. It is an accompanying system that will provide more timely information to District and School Site leaders to inform decisions about educational programs preschool through grade 12.

CUSDWatch Comment

CUSD Created its own Dashboard ("Local" Dashboard) for the purpose of collecting the social, emotional and Health Data of students. 

Collecting social emotional and health data on students is a violation of their privacy rights and this should be stopped. CUSD uses student IDs in the collection of data and therefore personal identities may be compromised.

In addition- CUSD monetizes student data and actually has an Application to Conduct Research

See: CUSDWatch: Stop CUSD from the Collection of Social- Emotional Data on CUSD Students ... Just Say No Thank You to CUSD's Local Dashboard

AGENDA ITEM #33  SELECTION OF TRUSTEE PARTICIPATION ON VARIOUS COMMITTEES

Board Agenda page 538

NOMINATING COMMITTEE OF THE ORANGE COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION

OCSBA POLITICAL ACTION GROUP EFFORT

INSTRUCTIONAL MATERIALS REVIEW COMMITTEE (IMRC):

  • AD HOC COMMITTEES:
  • City of Aliso Viejo
  • City of Dana Point
  • City of Laguna Niguel
  • City of Mission Viejo
  • City of RSM
  • City of San Clemente
  • City of SJC
  • Ladera Ranch Civic Council

DISTRICT RESTRUCTURING COUNCIL

COLLEGE AND CAREER ADVANTAGE

CALIFORNIA SCHOOL BOARD ASSOCIATION DELEGATE (CSBA)

BOARD POLICY SUB-COMMITTEE

CUSDWatch Comment

The politicization of the public education system has lead to the decline of student achievement in public schools. 

School Districts should not engage in political advocacy. CUSD should not use education funds to buy seats on local political advocacy organizations like the South Orange County Economic Coalition. CUSD spent taxpayer money to buy Superintendent Kristen Vitals Seat on this Board.

EXECUTIVE COMMITTEE

Kristen Camuglia
Chair
Cox Communications

Matt Buck
Treasurer
California Apartment Association

Duane Cave
Chair-Designee
San Diego Gas & Electric

Steve LaMotte
Chair-Elect
Building Industry Association, OC Chapter

Paul Simonds
Past-Chair
Curt Pringle & Associates

MEMBERS-AT-LARGE

Mike Balsamo
Rancho Mission Viejo

Dr. Tod Burnett
Brandman University

Barbie Daly
Transportation Corridor Agencies

Israel Dominguez
Saddleback College

Juan Gonzalez
Southern California Gas Company

Susan Jennrich
Outlets at San Clemente

Sandy Jones
University of California, Irvine

Wayne Lindholm
Lindholm Management

Jim Leach
Santa Margarita Water District

Curt Stanley
Adventures in Advertising

Kirsten Vital
Capistrano Unified School District

Jake Vollebregt
Moulton Niguel Water District

Assigning High School for matriculating students at Esencia K-8

AGENDA ITEM #34  ESTABLISHING HIGH SCHOOL ASSIGNMENT FOR ESENCIA K-8 SCHOOL

Board Agenda page 540

Board Audio at 3:32:04

On October 25, 2017, the Board of Trustees approved the official boundary for Esencia K-8 School. The new boundary encompassed Rancho Mission Viejo

Planning Area 1 (Sendero),

Planning Area 2 (Esencia)

and Planning Area 3. 

The Board is being asked to:

Establish High School Assignment for Esencia K-8

Staff is recommending Tesoro High School

The Board is also being asked to revise current high school boundaries for Tesoro HS and San Juan Hills HS to reflect high school assignment for Esencia K-8

CUSDWatch Comment

Assigning PA1, PA2 and PA3 to Tesoro will open up room at San Juan Hills for Ranch Development of homes in North Eastern San Clemente (south of Ortega).

 

 

AGENDA ITEM #35  OVERVIEW OF LOCAL CONTROL ACCOUNTABILITY PLAN IN CALIFORNIA

Information and Discussion - no action will be taken

Board Agenda page 555

The LCAP is a 3-year static plan that is updated annually that describes goals, actions, services, and expenditures to support positive student outcomes that address state and local priorities. The LCAP provides an opportunity for districts to share their stories of how, what, and why programs and services are selected to meet local needs. The District adheres to the LCAP template adopted by the State Board of Education in November, 2016. The 2018-2019 LCAP is available on the District web site.

CUSDWatch Comment

Smarter Balanced Test Results and how CUSD compares to other local districts in Orange County to go to college.

AGENDA ITEM #36 RESOLUTION NO. 1819-23, RESOLUTION OF THE BOARD OF TRUSTEES TO APPROVE THE CHARTER RENEWAL PETITION OF CALIFORNIA CONNECTIONS ACADEMY SOUTHERN CALIFORNIA/CAPISTRANO CONNECTIONS ACADEMY PUBLIC CHARTER SCHOOL SUBJECT TO ENTRY INTO MEMORANDUM OF UNDERSTANDING

Board Agenda page 570

CUSDWatch Comment

CUSD owns Capistrano Connections Academy.

Capistrano Connections Academy is CUSD's Virtual School.

On June 20, 2018 CUSD approved MATERIAL revisions to the Charter of Capistrano Connections Academy which essentially is now a completely new entity 

CUSD Trustees should not have approved the changes to the Charter as a "revision" based on the following documentation

Staff is asking Trustees to approve this Charter as a "Renewal" - it is not. 

at page 572

WHEREAS, on October 10, 2018, Connections submitted a Charter Renewal Petition (“Renewal Petition”) and supporting documentation to the District for the renewal of its charter for a new five-year term beginning July 1, 2019 and ending June 30, 2024;

 

AGENDA ITEM #37 FIRST READING – BOARD POLICY 5141 CONDUCT

Board Agenda page 590

Board Audio at 3:56:05

This Item Was Continued

The policy was last updated by Trustees in February 2012. The current District conduct policy also addresses bullying. Board Policy 5141, Conduct, defined bullying and cyberbullying, identified the responsibilities of all stakeholders to prevent bullying and explained the complaint procedure to report bullying.

Legal counsel has reviewed the conduct Board Policy and recommends that the bullying portion be removed and becomes a stand-alone Board Policy. The proposed Board Policy 5131.2, Bullying, is now a separate policy and is also being provided to Trustees for review as a separate Board item this evening. Staff has updated Board Policy 5141, Conduct, for Trustee review and consideration.

CUSDWatch Comment

CUSD has begun to add "Management Resources" to support policy changes. These need to be eliminated from Board Policy 

CSBA (California School Board Association) is NOT legal authority and should not be referenced as legal authority for board policy. CSBA is an association that engages in political advocacy.

Management Resources:

CSBA PUBLICATIONS

Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011

Providing a Safe, Nondiscriminatory School Environment for All Students, Policy Brief, April 2010

WEB SITES

CSBA (CSBA Political Advocacy)

California Department of Education, Safe Schools Office

National School Boards Association (NSBA Advocacy)

National School Safety Center

 

AGENDA ITEM #38 FIRST READING - BOARD POLICY 5131.2 BULLYING

Board Agenda page 602

Legal counsel has reviewed the conduct Board Policy and recommends that the bullying portion be removed and becomes a stand-alone Board Policy. The proposed Board Policy 5131.2, Bullying, is now a separate policy and is also being provided to Trustees for review as a separate Board item this evening. Staff has updated Board Policy 5141, Conduct, for Trustee review and consideration.

The Board is being asked to approve a new board policy on BULLYING BP 5131.2(a)

CUSDWatch Comment

Are we taking Bullying to far? 

Its Christmas and now there is a debate over banning the 1964 Classic Rudolf the Red Nose Reindeer because it is sexist bigoted and abusive- it contains bullying.

Since the 1979 inception of the Federal Department of Education and its war on Religion there has been a steady increase in mental health issues. 

New Study Reveals Religious Upbringing Better for Kids’ Health, Well-Being 

Harvard Study

Maybe it is time to get rid of the Federal Department of Education. 

White House Proposes Merging Education And Labor Departments

AGENDA ITEM #39 FIRST READING – BOARD POLICY 3515 SCHOOL SAFETY AND SECURITY

Board Agenda page 611

Board Audio at 4:19:02

Not enough Trustees were present to pass this Item on a First Reading

Board Policy 3515, School Safety and Security was adopted on February 26, 1996 and does not address the use of surveillance cameras.

Technology and Information Services (TIS) worked with Facilities, Maintenance and Operations (M&O) and Insurance to research Board policies from other districts as well as from Alliance of Schools for Cooperative Insurance Programs (ASCIP) and from California School Boards Association (CSBA). A group of site administrators representing all levels and members of TIS, Facilities, M&O, and the Executive Director of Safety and Student Services developed a revised policy. All site administrators were provided an opportunity to evaluate and comment on the revised policy.

AGENDA ITEM #40 TITLE IV, PART A FORMULA GRANT PLAN

Board Agenda page 616

Title IV, Part A funding has not been available since 2009

The District accepted the potential distribution of Title IV, Part A formula grant funding as part of the Consolidated Application approved by the board on June 20, 2018. The District was then notified on July 30, 2018 that the preliminary allocation for 2018-2019 is $318,298.

How money will be spent:

20% must be spent on Well Rounded Education 

Local College Tours Bus Transportation $2,000

SAT/ACT Prop Programs underserved students $5,000

Summer College Admission Tours $6,000

College & Career Counseling $10,000

GATE Teacher Certification $24,000

AP Teacher Training $22,815

Indirect Cost $3,231

Total $73,046

CUSDWatch Comment

How do these expenditures improve a well rounded education?

20% on Safe & Healthy Students

Automated External Defibrillators $1,600

Increase number of Positive Behavior Training (PBIS) $8,000

Increase number of Restorative Practice Trainers $6,000

Increase number of Crisis Prevention Institute (CPI) trainers for the safe management of disruptive behaviors

School Wide Information System (SWIS) ($315 per school) to support PBIS

PBIS Coordinator at school sites (54 schools x 10 hrs. x 2 years)

PBIS Team release time for team meetings (2 people x 10hrs x 28 schools) $19,040

Cultural Proficiency training $10,000

Physical Education equipment for elementary $25,000 

Indirect Costs 4.63% $6,257

Total $141,417.00

Effective Use of Technology must spend a portion

Districtwide online platform for recording, repurposing training (Zoom, WebJam, AnyMeeting, etc.) $2,000

Innovation labs at elementary schools $85,000

Site Technology Teacher additional assignment hours (10 per elementary) $12,240

Indirect Costs 4.63% $4,595

Total $318,853

AGENDA ITEM #41 CERTIFICATION OF THE 2018-2019 FIRST INTERIM REPORT

Board Agenda page 620

CUSDWatch Comment

Effective September 17, 2018, AB1840 moved oversight of districts in fiscal distress to county offices.

Under Local Control there is no State oversight anymore- the Williams legislation has been gutted. 

One might suggest that under "local control" we no longer need a State Board of Education. 

Did you know that adherence to State Content Standards and Curriculum Frameworks are now a "recommendation and NOT a requirement under "Local Control" 

 

CUSDWatch Comment

California's new education funding law the LCFF limits k-12 per pupil funding to 2007-08 levels + inflation and going forward the only increases is per pupil funding will be COLA increases. 

See: The Equity Project: California Budget & Education Funding

Already underfunded school districts will be bankrupted because of scheduled increases to STRS and PERS contributions.

STIRS rates are scheduled to climb from current rates of 16.28% to 19.1%

PERS rates are projected  to climb from current rates of 18.062% to 23.4%

CUSD has been using one-time moneys to pay for Textbooks- Technology Refresh - Athletic trainers and Co- curricular transportation- these may need to be cut to pay for retirement benefits.

CUSD is projecting deficit spending 2019 and into the future.

"School Services will provide an independent review of current operations and provide guidance for reductions in line with Board’s goals"

Maybe $150 million in across the Board Compensation increases for employees (which spiked pension costs) was not such a great idea.

 

CUSDWatch Comment

Employee Compensation as a % Unrestricted Revenues:

Board Agenda page 734

2015-16  88.1%
2016-17 87.4%
2017-18 87.9%
2018-19 87.8% 

Going Forward - as high as 90.8%

 

AGENDA ITEM #42 RESOLUTION NO. 1819-24, PREPARATION OF SEISMIC SCREENING ASSESSMENT OF AB 300 SCHOOLS

Board Agenda page 758

Board Audio at 2:41:30

Motion by Trustee Hanacek

Second by Trustee Reardon

Trustees vote 6-0-1 to approve Resolution No. 1819-24

The District has been evaluating facilities’ needs, conducting capital facilities assessments and reviewing funding that would be needed in preparation for potentially proposing a general obligation bond for future facilities needs and upgrades. The Facilities Condition Assessment, performed by Kitchell in 2017, did not include seismic analysis. In addition to this evaluation, the District also reviewed changes in the science of construction for earthquakes and has been utilizing a list prepared by the Division of State Architect (DSA) identifying building types that should receive additional evaluation. During this review, it was determined that none of the listed schools had ever been physically visited by DSA nor actually determined to be deficient in any way. Identification on the Assembly Bill (AB) 300 list does not mean the building is unsafe, but instead suggests that structural review and comparison to current building related science would be helpful for evaluation of building performance during an earthquake event.

CUSDWatch Comment

Staff has prepared a resolution addressing the commencement of studies of the AB 300 list, hiring of a structural engineer and preparation of documents necessary to seek State funding under the State Seismic Mitigation Program.

2002 Report to Governor Zone 4 Cost $4 billion

School Buildings built after 1934 are covered by the Field Act-

The following buildings have been identified:

Crown Valley Elementary School,

San Juan Elementary School,

Richard Henry Dana Elementary School,

Niguel Hills Middle School,

Shorecliffs Middle School,

Capistrano Valley High

School, Dana Hills High School, 

San Clemente High School

One might also want to add Tesoro High School due to potential soil liquefaction now that all the water from the 241 Toll road Oso Bridge Gap Closure Project is draining onto and underneath Tesoro High School BY DESIGN.

 

AGENDA ITEM #43 ESTABLISHMENT OF THE EDUCATIONAL TECHNOLOGY JOINT POWERS AUTHORITY 

Board Agenda page 762

Districts across the country spend over eight billion dollars per year on educational software programs. Districts also struggle to have vendors comply with state and federal student data privacy laws and districts spend a significant amount of staff and legal counsel time negotiating contracts and privacy agreements.

The range that districts throughout the state and country pay for the same digital products can be up to 400 percent depending on the products. While some districts may pay two dollars per student for a Student Information System, others may pay five dollars per student for the same product. Districts are always looking for bid vehicles or Joint Powers Authority (JPA) agreements to purchase equipment and technology.

CUSDWatch Comment

CUSD wants to set up and manage a JPA to purchase equipment and technology

"WHEREAS, school districts are responsible for ensuring compliance with the requirements of various state and national data privacy laws to preserve student confidentiality when vendors receive confidential student data; and"

"WHEREAS, there is a need for financial, technical and professional development services to support the successful implementation of products and services purchased though a JPA; and"

"WHEREAS, the Joint Powers Agreement shall initially be adopted with the Irvine Unified School District, with further members added as approved by the JPA Board; and"

Another bureaucracy to mis- manage.

AGENDA ITEM #44 RESOLUTION NO. 1819-26, APPROVING AGREEMENT TO SELL THE RIGHT TO PURCHASE REAL PROPERTY AND DIRECTING STAFF TO ASSESS POTENTIAL USES OF THE PROCEEDS (LAS RAMBLAS PROPERTY)

Board Agenda page 777

Board Audio at 2:44:00

Resolution (including verbal changes) passes    6-0-1

CUSD received the right to purchase approximately 7.292 gross acres of land located at the northeast corner of the intersection of Camino Las Ramblas and Avenida California in San Juan Capistrano.

Because the District does not currently own, or hold title to, the Property, the Purchase Right Agreement creates a “pass-through” title arrangement whereby title to the Property goes directly from the Owner to Lennar. The District will never own the Property pursuant to this transaction but instead will facilitate the transfer of title from Owner to Lennar. Thus, the surplus property procedures set forth in the Education Code, which applies to property sold or leased by school districts, does not apply to this transaction because the District is not the owner or seller of the Property. Furthermore, the District may review its current property and facility needs and determine how to utilize the proceeds from this transaction.

CUSD will receive a minimum price of $18,010,259.00 for the 7.292 acres $2,469,865 per acre

CUSDWatch Comment

CUSD had originally tried to get the zoning changed on a property they did not own (?). The goal was to change this parcel to high density housing. 

Teachers Unions are pushing for joint use of district property with developers in order to provide teachers and staff with affordable housing.

see: CUSD slide presentation below- "Benefits & Challenges of Joint Occupancy" 2nd to last slide in article CUSDWatch: Are Developers Profiting Off of Bankrupts School Districts? Is the Toll Road Marching South of Ortega

Interesting background on the Pacifica San Juan Site and the toll road extension south of Ortega. 

CUSDWatch: Letter to San Juan City Council RE: Consideration of Initiation of an Amendment to the Forster Canyon Planned Community 

 

AGENDA ITEM #45 RESOLUTION NO. 1819-25, APPROVING AGREEMENTS TO LEASE DISTRICT SURPLUS REAL PROPERTY AND DIRECTING STAFF TO ASSESS POTENTIAL USES OF THE LEASE PROCEEDS (SOUTH BUS YARD PROPERTY)

Board Agenda page 823

Board Audio at 2:56:00

The District’s Board previously declared certain property surplus, consisting of approximately 5.51 acre property located at 26126 Victoria Blvd, Dana Point, CA 92624 (Property) pursuant to the Education Code § 17455 et seq. The District’s Board also authorized and instructed District staff to seek authorization from the State Board of Education (SBE) to pursue leasing the Property through a “Request for Proposals” (RFP) process by obtaining a waiver from SBE. District staff obtained a waiver from SBE and circulated an RFP document seeking proposals from parties interested in leasing the Property. Pursuant to the RFP process, the District staff identified Toll Brothers, Inc. (Toll) as the entity that offered the most beneficial terms to the District for the lease the Property. District staff, in consultation with legal counsel, negotiated two agreements with Toll to effectuate the lease of the Property:

1) a “Option to Lease Real Property” agreement which grants Toll a time period to review the Property to determine if the Property will meet Toll’s needs in exchange for certain monetary deposits to be delivered to the District, (the Option Agreement) and

2) a “Ground Lease” Agreement which establishes the terms and conditions by which Toll will lease the Property from the District in exchange for monthly rental payments (the Lease Agreement).

This Resolution includes current copies of the Option Agreement and the Lease Agreement for the Board’s review and approval. It is anticipated that further revisions to the Option Agreement and the Lease Agreement will be made prior to final Board approval on December 12, 2018, and final documents shall be provided pursuant to the Brown Act.

This Resolution authorizes staff to execute the Option Agreement 30 days after the final agreements are approved by the Board. Further, this Resolution

1) directs staff to review and assess the specific capital outlay, maintenance and other facility related needs of school sites located in the City of Dana Point,

2) establishes priority projects,

3) directs staff to establish a separate fund to receive proceeds from the lease of the Property, and

4) directs use of such proceeds for priority projects and capital facilities needs.

CUSDWatch Comment

Toll Brothers Apartment living was selected as the most beneficial proposal for the project for the following reasons: 

 

  • Best financial offer:
  • highest annual ground rent 
  • Best terms during the Entitlement Phase 
  • Met the objective of the Mission Statement 
  • Financial Strength of the Respondent

OVERVIEW OF THE TERMS OF THE LEASE ¾

Term: 99 Years; no extensions

Initial Annual Rent: $3,150,000 for 425 market rate units

Minimum Annual Rent: $2,500,000 if entitled for less units or affordable units

Rent Increases: 13.14% every five years

Use of Property: Multi-family residential and accessory uses

Taxes and Utilities: Toll to pay all taxes and utility charges

Encumbrance: Toll may encumber the Property with Institutional Investor

Ownership of Project: At end of Lease, all buildings and improvements become property of District without any encumbrances

If both parties are allowed to encumber the property... does this last paragraph mean that if there are encumbrances on the property Toll will be responsible for them ?

For a full background on this property see: CUSDWatch: Public Hearing - Intent to Request Waiver - South Bus Yard

CUSD has planned to put residential housing on this site since at least January 18, 2017 - see slide presentation last side in the article shows the plan.