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The Board Agenda is posted: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/1373709562469729052.pdf

The Board Meeting Audio is posted: http://cusd.capousd.org/cusdweb/audio2016-17.html

ADOPTION OF THE AGENDA

at 24:27

The Following Consent Items Were Pulled By Staff:

Agenda Item #10 Independent Contractor, Professional Services, Field Service and Master Contract Agreements.

Board Audio at 27:12

STAFF PULLED THIS ITEM TO AMMEND A FUNDING SOURCE

Sunbelt Staffing, LLC - Staff is amending the Agenda to change the funding source "General Fund" to "Special Education". 

Learn More

RED FLAG - Taxpayers

Agenda Item #15 Employee Mileage and Cell Phone Allowance.

Board Audio at 24:57

STAFF PULLED THIS ITEM TO REMOVE DEPUTY SUPERINTENDENT CLARK HAMPTON FROM THE ITEM.

Deputy Superintendent Business & Support Services Clark Hampton's contract already includes a cell phone and mileage allowance.

 Learn More

Comment by Dawn Urbanek

We are still fundraising for Art, Music and Science. Our facilities need $889 million in repairs- why are we spending an additional $20,000 per month for across the board cell phone and mileage allowances for employees?

Agenda Item #18 Contract with Vector Resources

Board Audio at 25:43

STAFF PULLED THIS ITEM TO CORRECT THE AGENDA TO REFLECT THE RIGHT CONTRACT NUMBER.

Contract #0301700879H should have been listed as #0301700876H. The 9 and 6 got transposed.

 Learn More

RED FLAG - Taxpayers in Talega and Ladera Ranch

DISCUSSION/ACTION Agenda Item #31 FIRST READING Board Policy 5119 School of Choice 

Board Audio at 25:40

STAFF PULLED THIS ITEM STATING THAT THE FOUR CHANGES THAT NEEDED TO BE MADE WERE ADMINISTRATIVE OR TECHNICAL ONLY - NO POLICY CHANGES. 

Staff is bringing this back January 25, 2017 (hopefully on the Consent Calendar) with the stated four changes, and the Board has been told it must pass this policy at the January 25, 2016 Board meeting, or the Board will miss the School of Choice window for this year. 

at 26:12 Removal of language indicating 16-17 school year - "again just a technicality". 

at 26:22 re: "school of Residence"

at 26:30 re: Title I ESSA language

at 26:50 re: School of Record

Learn More

Comment by Dawn Urbanek

This Board Policy was last approved after four readings on February 24, 2016. This was a very contentious item all last year because there are impacted schools with no room for students who paid Mello Roos who are entitled to a seat in the school. There was a lot of debate about whether the District should; as a perk to employees, give higher priority to the children of district employees even if that child does not live in the District. At the February 24, 2016 Board Meeting Trustees approved Teacher Priority for the 2016-17 school year only. If this policy is passed as written District Employees will permanently be given a higher status than everyone else. 

That is a "POLICY CHANGE" not a simple "TECHNICALITY". This item should not be allowed to come back on consent, and interested parties should have an opportunity to speak and be heard before a vote of the Board.

WARNING TO ALL TALEGA RESIDENTS THAT WANT TO ATTEND SAN JUAN HILLS HIGH

Talega CFD Study Area 1500 can enroll in San Juan Hills or San Clemente.

The following is a Statement from Laura Ferguson Talega Residents for Fair Taxation:

Talega students have the legal right to attend either San Clemente High School or San Juan Hills High School.

They cannot be denied a seat at either school.

Per CA Govt. Code Sect. 53312.7 taxpayers who funded facilities with Mello-Roos cannot be turned away. CUSD changed the boundary a decade or so ago for Talega from SJHHS to SCHS. Due to the large amounts ($20M at each high school) of Talega special taxes (Mello Roos) that CUSD spent on SJHHS and SCHS --this includes $10M in surplus Talega special taxes (the amount overcollected that was never "refunded" back to the taxpayers (despite CUSD declaring years ago that Talega taxpayers had already met their funding obligations for facilities per the Mitigation and Formation Agreements) being used now for the new two-story, 24 classroom buildings being built each at SJHHS and SCHS, Talega students have choice. A couple years ago when members of our Talega Residents for Fair Taxation citizens advoacy group met with Supe Vital, she shared how she believed once the road opened that about half of Talega kids would want probably choose SJHHS and the other half SCHS. Both great schools to choose from; however, if you choose SJHHS you have to go through School of Choice and there is no way around it at this time.

My above comment pertains to the $20M Talega Mello Roos spent on SJHHS for construction as well as another $20M Talega Mello Roos spent on SCHS.

CUSD does not want Talega kids going to SJHHS, it’s been obvious for years. RMV was not required to build a high school. Those kids will attend SJHHS and Tessoro without paying any special taxes to mitigate their impact on CUSD schools.  Ladera kids received correspondence from the district for their kids to have choice to attend SJHHS or Tessoro. Talega was not afforded the same courtesy.

San Clemente families with no notice from CUSD will not have a choice in schools UNLESS they apply through School of Choice – as last priority if the Board Policy Changes on January 25, 2017.

San Clemente families appear to have 2 choices:

  1. Apply via school of choice window. Get in the school. They cannot be denied.  Talega generates only 600 kids and by law can attend either high school in which their mello roos was used to fund the school facilities. Plus they also pay the ad valorem tax every homeowner pays, so pay twice as much.
  2. If they miss the window (which it appears many will because CUSD is not properly informing parents, nor are many parents aware of the law), sue the district to gain access

Make sure every SC Family knows their legal rights and Like Ladera, can have a choice in Schools.

Spread the Word- School of Choice opens February 1, 2017

 

 

at 1:10:48

The Following Consent Items Were Pulled By The Public:

The Board Agenda is posted: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/1373709562469729052.pdf

The Board Meeting Audio is posted: http://cusd.capousd.org/cusdweb/audio2016-17.html 

BLUE CARD - AGENDA ITEM #9

Purchase Orders/Commercial Warrants page 14

Pulled by Dawn Urbanek 

Learn More

BLUE CARD - AGENDA ITEM #13

Purchase of Hardware and Software for Learning Management Systems page 183

Pulled by Dawn Urbanek 

Learn More

BLUE CARD - AGENDA ITEM #15

Employee Mileage and Cell for Allowance page 222

Pulled by Dawn Urbanek 

Learn More

 BLUE CARD - AGENDA ITEM #16

Resolution to Approve the Annual 5-year Reportable Fees Report for Fiscal Year 2015-16 page 184

Pulled by Dawn Urbanek 

Learn More

BLUE CARD - AGENDA ITEM #17

IT Contract with Systems Engineering Inc. DBA ASSI Security page 241

Pulled by Dawn Urbanek 

Learn More

BLUE CARD - AGENDA ITEM #21

Secondary Course Catalog page 244

Pulled by Dawn Urbanek 

Learn More

BLUE CARD - AGENDA ITEM #22

Software License and Support Agreement with Illuminate Education

Pulled by Dawn Urbanek 

Learn More

   

 

 

REPORT OUT ON CLOSED SESSION

at 28:07

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 

Janie Hoy/Sara Young Attorney -
Ernest Bell Significant Exposure to Litigation – Two Cases
IDR Case Number 20161108
IDR Case Number 20161114 (Pursuant to Government Code § 54956.9(d)(2))

Trustees voted 6-0-1 (Trustee Hatton-Hodson absent) to approve ratification of IDR cases)

Attorney – Anthony De Marco
Significant Exposure to Litigation – One Case
(Pursuant to Government Code § 54957(b))

No Reportable Action

Attorney – Anthony De Marco
Significant Exposure to Litigation – One Case
(Pursuant to Education Code § 49070(c))

No Reportable Action

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

at 28:55

NEWSWORTHY:  INVESTIGATION INTO CHARTER SCHOOL OXFORD PREP IS BEING TURNED OVER TO THE DISTRICT ATTORNEY
Investigation into Oxford Prep for the purpose of investigating fraud, fiscal mis-management and conflicts of interest in the governance and operation of OPA- Chino. The audit can be read here: http://fcmat.org/wp-content/uploads/sites/4/2016/11/San-Bernardino-CSOS-OPA-final-report-1139.pdf As a result of this audit CUSD has turned this matter over to the District Attorney because the conclusion was that fraud, misappropriation of assets and other illegal activities may have ooccured.

 

at 29:00

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Janie Hoy/Sara Young
Attorney - Ernest Bell
Significant Exposure to Litigation – Four Cases
OAH Case Number 2016100640
OAH Case Number 2016100858
OAH Case Number 2016100979
OAH Case Number 2016110441
(Pursuant to Government Code § 54956.9(d)(1))

Trustees voted 6-0-1 (Trustee Hatton-Hodson absent) to approve ratification of OAH case numbers:
OAH Case Number 2016100640
OAH Case Number 2016100858
OAH Case Number 2016100979

Trustees voted 5-0-1 (TRUSTEE REARDON RECUSED HIMSELF - Trustee Hatton-Hodson absent) to approve ratification of OAH case numbers OAH Case Number 2016110441

Attorney – Anthony De Marco
Significant Exposure to Litigation – One Case
(Pursuant to Government Code § 54956.9(d)(1))

No Reportable Action

at 29:49

C. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

Gordon Amerson
One Case
Case Number 16716
(Pursuant to Government Code § 54957)

Trustees voted 6-0-1 (Trustee Hatton-Hodson absent) to approve the release of employee Case No 161716 at 29:57

D. STUDENT EXPULSIONS

Mike Beekman
One Case
Case Number 2017-012 EXHIBIT D-1

Trustees voted 6-0-1 (Trustee Hatton-Hodson absent) to approve the expulsion of Case No 2017-012 at 30:08 

E. STUDENT READMISSIONS

Mike Beekman
One Case
Case Number 2016-022 EXHIBIT E-1

Trustees voted 6-0-1 (Trustee Hatton-Hodson absent)  to approve the expulsion of Case No 2016-022

F. PUBLIC EMPLOYMENT AND EVALUATION OF PERFORMANCE

Superintendent
(Pursuant to Government Code § 54957)

No reportable action.

A NEW BOARD OF TRUSTEES

Reorganization of the Board

Agenda Item 1 
Reorganization of Board - Election of President

The Board voted 6-0-1 to appoint Martha McNicholas as President of the Board of Trustees. 

Trustee Hatton - Hodson was absent.

TRUSTEE MCNICHOLAS SUPPORTED MEASURE M - CUSD's $889 million dollar school facilities bond which was rejected by the voters by a 10% margin.

Learn More

 

Agenda Item 2
Reorganization of Board - Election of Vice President

The Board voted 6-0-1 to appoint Gila Jones as Clerk of the Board of Trustees. 

Trustee Hatton - Hodson was absent.

TRUSTEE JONES SUPPORTED MEASURE M - CUSD's $889 million dollar school facilities bond which was rejected by the voters by a 10% margin.

Learn More

Agenda Item 3
Reorganization of Board - Clerk     

The Board voted 6-0-1 to appoint Patricia Holloway as Clerk of the Board of Trustees. 

Trustee Hatton - Hodson was absent.

TRUSTEE HOLLOWAY SUPPORTED MEASURE M - CUSD's $889 million dollar school facilities bond which was rejected by the voters by a 10% margin.

Learn More

 

Agenda Item 4 
Selection of Trustee Participation on Various Committees

at 61:08

1. OC Committee on School District Organization 

Note: Trustee Reardon stated that this Committee did not meet in 2016-17 - Are people being paid to sit on a Committee that never meets?

2. OCSBA Political Action Group effort

3. Instructional Materials Review Committee

Note: at 62:46 Trustee McNicholas stated that she preferred not to sit on this Committee. She didn't do a very good job. It was a lot of work to do a good job, because you really had to read everything.

4. AD HOC Committees

City of Aliso Viejo

City of Dana Point

City of Laguna Niguel

City of Mission Viejo

City of Rancho Santa Margarita:

City of San Clemente

City of San Juan Capistrano:

Ladera Ranch Civic Council

* The Cities listed above stated that CUSD never mentioned Measure M in Ad Hoc meetings. Cities found out in July through constituents.

5. CUSD Foundation

Jeff Montejano is President of the CUSD Foundation. He is also Chief of Staff to Assemblyman Bill Brough.

Laval Brewer - Executive Director, Playworks Southern California sits on the Board. CUSD has contracts with Playworks. This relationship does not appear to be disclosed on the foundation web site.

6.District Restructuring Council

7.College and Career Advantage formerly South Coast ROP

8. California School Board Association CSBA

9. Board Policy Sub Committee

VOTE

Motion to appoint Trustees to positions on these committees by Trustee Reardon

Second by Trustee Pritchard

6-0-1 (Trustee Hatton-Hodson absent) 

Learn More

 

RED FLAG Parents and Taxpayers

Agenda Item #5 
Resolution N0 1617-48 Role of the Board: Powers and Responsibilities

at 70:45

BLUE CARD

Dawn Urbanek

There is no mention of a Trustees Fiduciary Duty to taxpayers and students in this Resolution.

This is a Union Elected Board and its #1 Priority is Adult Jobs as evidenced by Board policy and actions as outlined on the record by the speaker.

Learn More

Oath of Office New Board

CUSD was waiting on the arrival of Orange County District Attorney Tony Rackauckas to arrive to perform the swearing in of new Trustees.

at 82:35 

Oath of Office for newly elected Trustees

at 83:06  Student Advisor Quinn Darling swears in Trustee Amy Hanacek.

at 84:50 Jim Holloway swears in Trustee Patricia Holloway.

at 86:55 District Attorney Tony Rackauckas swears in Trustee Pritchard

at 88:38 District Attorney Tony Rackauckas swears in Trustee Reardon

 

ORAL COMMUNICATIONS

BLUE CARD

at 58:20 Congratulations to all. Welcome back Trustees and welcome new Trustee Patricia Holloway

Sally White President CUEA 

Joy Schnapper 1st Vice President CUEA

Greg Young Pac Chair CUEA 

Margie Black Pac Chair CUEA

at 59:37 Dawn Urbanek - Taxpayer/Student Advocate

Governing by the Consent Calendar lacks transparency. One example was the November Board meeting where Superintendent Vital made the following Statement to the GATE parents who were concerned that the GATE programing and access to accelerated learning for high achieving students was being eliminated. The Statement was an admission that District Staff makes policy decisions without Board Approval or Public in-put.

From The November Board Meeting:

STATEMENT FROM SUPERINTENDENT VITAL

"I think that one of the outcomes of tonight is because this was something that was happening at the Staff level without the Board, having a conversation with the Board, and getting your values is really important. And so, I think what I have heard is that the majority of you very much want to see a GATE like program with some level of humm - separation... I don't know another word. Some way of meeting the needs of kids in that way and that we need to build some programming and potentially bring that conversation back along with some evidence and research about what this means or doesn't mean for all kids. Frankly this helps us to be able start this conversation because before what was happening is that in isolation, not now, a year or two ago making some plans without the Board. So I do think this is important and we are happy as a staff to be able to given that value to build something and bring that back.  Does that make sense?"  

 
Board Audio at 190.24 (3 hours 10 minutes and 24 seconds)  http://cusd.capousd.org/cusdweb/audio2016-17/CUSDBoardMeeting.Nov.16.2016.mp3
 
Comment from CUSDWatch Dawn Urbanek
 
TRANSLATION - Without Board Approval, District Staff chose not to fund accelerated programing for GATE Identified and High Achieving Students. CUSD has essentially been eliminating accelerated programing for high achieving students since 2012-13, when implementation of "Local Control" eliminated categorical programs like class size reduction and allowed individual districts to decide how to best spend it's money. Under Local Control districts can negotiate class size without penalties - no class size is to large. Under Local Control CA minimum Content Standards and Curriculum Frameworks are a "recommendation" not a "requirement". That means that the individual classroom teacher decides instruction time and subject content. California; in essence, no longer has a State mandated minimum curriculum that is required to align with minimum State Content Standards and Curriculum Frameworks. If large class sizes without differentiated instruction result in an individual teacher being unable to complete the entire content of a course; even though a student may receive an "A" in the class, they may not perform well on college boards because they did not cover all of the material required. Parents are not aware of this change, and that means they will not know that this change will probably affect their child's academic performance on college entrance exams, and their individual ability to compete for placement in a four year selective college. 75% of CUSD students currently have no option after graduating high school but to attend community college. CUSD A-G completion rates are at 54%, and the percentage of students who are ready for college level math by the end of 11th grade in Algebra II had dropped to 3% in 2013-14; and under new testing, is at best case 24%. It is essential that taxpayers and local elected leaders gain some constructive oversight of local school districts if we want to improve student learning for ALL students and protect the financial interest of taxpayers.

 

PUBLIC HEARINGS

COLLECTIVE BARGAINING AGREEMENTS TEAMSTERS AND CLASSIFIED STAFF (SUPPORT STAFF)

RED FLAG Parents and Taxpayers

Agenda Item #6 

 What CSEA received 2015-16:

  • Salary schedule Increase 3.5%
  • Longevity increase .5%
  • Increase CUSD contribution to Benefits
  • Additional one-time payment of .5%
  • Increase work year by 2 days for 9.5 month employees
  • Increase funding for Professional Development

CSEA Initial Proposal to CUSD

  • Article 8 - Leaves
  • Article 9 - Vacation
  • Article 11- Wages
  • Article 12 - Benefits

CUSD Initial Proposal to CSEA

  • Article 7 - Transfers  and Promotions
  • Article 8 - Leaves
  • Article 11 - Wages
  • Article 12 - Benefits

These proposals are so vague, the public would have no ability to comment.

Learn More

BLUE CARD - Dawn Urbanek

Trustees will vote to accept these proposals at the next Board meeting. This item was for Information/Discussion only. Taxpayers that want to influence how CUSD will spend it's money in 2017-18 must speak now... continued compensation increases or facilities maintenance, class size reduction and accelerated programing for high achieving students. If no one speaks up, CUSD will give another year of across the board compensation increases, and will cut something to pay for these new increases since CUSD has had flat funding for 14 years straight.

 

RED FLAG Parents and Taxpayers

Agenda Item #7 

What Teamsetrs received in 2015-16:

  • Salary schedule Increase of 4%
  • Increase CUSD contribution to Benefits

Teamsters Initial Proposal to CUSD

  • Article 11- Wages
  • Article 12 - Health and Welfare Benefits
  • All existing negotiated memorandums of understanding
  • Article 18 - ?

CUSD Initial Proposal to Teamsters

  • Article 8 - Leaves
  • Article 9 - Vacation
  • Article 11- Wages
  • Article 12 - Health and Welfare Benefits

These proposals are so vague, the public would have no ability to comment.

Learn More

BLUE CARD - Dawn Urbanek

Trustees will vote to accept these proposals at the next Board meeting. This item was for Information/Discussion only. Taxpayers that want to influence how CUSD will spend it's money in 2017-18 must speak now... continued compensation increases or facilities maintenance, class size reduction and accelerated programing for high achieving students. If no one speaks up, CUSD will give another year of across the board compensation increases, and will cut something to pay for these new increases since CUSD has had flat funding for 14 years straight.

 

 

Consent Calendar

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

"All matters listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion in the form listed below. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. The Superintendent and the staff recommend approval of all Consent Calendar items."

Business and Support Services

RED FLAG City Attorney/ACLU

Agenda Item #8 Donations of Funds and Equipment page 11

Total Donations $312,496.09 

Comment Dawn Urbanek. 

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. 

Learn more

 

RED FLAG Cities/City Attorney

Agenda Item #9 page 14
Purchase Orders/Commercial Warrants page

Purchase Orders: $1,286,686.65

  • Legal Fees: $41,249.75
  • Conferences $12,417.98 (from general fund revenues) 
  • Technology $132,332.68

Warrants: $ 18,338,737.32

BLUE CARD - Dawn Urbanek

Should General Fund money be spent on Professional Development when CUSD is already receiving one-time grant funds mandated by the State to be spent on Professional Development?

Racketeering Scheme

The State is giving districts one time grant funds mandated to be spent on "Professional Development" and “Technology". Payments for goods and services are made to a “foundation” not a company or business. These foundations have political PACS that advocate political positions which may or may not be in the best interest of students and taxpayers. Is that RACKETEERING?

 

Learn More

 

Agenda Item #10 Independent Contractor, Professional Services, Field Service and Master Contract Agreements:

Total $378,600.00 

STAFF PULLED THIS ITEM TO CORRECT THE FUNDING SOURCE

Sunbelt Staffing, LLC - Staff is amending the Agenda to change the funding source "General Fund" to "Special Education". 

Learn More

Comment Dawn Urbanek

at page 74 

California Weekly Explorer

Staff is asking for Board Approval of a contract that has already been executed and work has started. Effective date was October 27, 2016. Presentations started in October.

at page - The Contract was not included in the Board Agenda.

Contract with Olson Hagel & Friedman LLP representing Trustee Hatton-Hodson in Conflict of Interest investigation. The contract amount was increased from $15,000 to $25,000. Since the contract not included in Board Agenda so there is no indication what the additional $10,000 is for.

Learn More

 

     

RED FLAG Trustee Reardon

Agenda Item #11 Addendum to contract with CSM for E-Rate Services. page 160

This is an amendment to a $41,000.00 contract with CSM for E-Rate Services for a software program to track ASB, PTA and Booster Club accounting. This item was pulled from the Consent Calendar at the November 16, 2016 BOT meeting by Trustee Reardon. 

Comment Dawn Urbanek 

This Item should have been pulled from the Consent Calendar

There is a discrepancy between the Nov Contract and the December Addendum.

DISCUSSION ISSUES:

Should school districts spend so much time and energy on fundraising?

Should school districts have to use general fund dollars to track fundraising and donations? This is a $41,000.00 contract to basically track fundraising and donations.

Should school districts be allowed to fund on-going program expenses with one-time money?

Learn More

 

RED FLAG City of Aliso Viejo

Agenda Item #12 Aliso Viejo Community Association limited use agreement page 167

Aliso Viejo Community Association Limited Use Maintenance agreement for use of Foxborough Park November 1, 2016 - December 15, 2016.

Comment Dawn Urbanek

This Item should have been pulled from the Consent Calendar

This contract will be over on December 15, 2016. Trustees are voting to approve this contract on December 14, 2016 for a limited use agreement for the period November 1, 2016 - December 15, 2016. Trustees should not approve after-the-fact contracts.

Learn More

 

 RED FLAG Cities

Agenda Item #13 Purchase of Hardware & Software for Learning Management System page 183

BLUE CARD Dawn Urbanek

COST OF COMMON CORE IMPLEMENTATION

Estimate: Common Core Implementation to Cost California $9.2 billion and the Nation $80 Billion

CUSD has had flat funding of less than $8,300 for 14 years straight - where is the funding for recurring technology spending going to come from? Many Districts are using Bond funds to implement Common Core. Orange County dodged a bullet by rejecting CUSD's Measure M $889 million dollar school facilities bond. What now? 

 

Learn More

 

 

Agenda Item #14 Electrical Contract with Gilbert & Sterns and X-Act Technologies. page 184

$575,000 for electrical, fire protection services awarded to Gilbert & Sterns and low voltage electrical services awarded to X-Act Technologies. These contracts are funded by Deferred Maintenance Fund and the General Fund. Actual expenditures will be dependent on the availability of funds and the amount may be more or less than what is currently estimated. 

Learn More

Comment Dawn Urbanek.

CUSD writes a lot of contracts that leave material terms open like Price? Is that really a binding contract? Is that best practices when writing contracts?

RED FLAG - Taxpayers

 

Agenda Item #15 Employee Mileage and Cell Phone Allowance for District Administrators page 222 

Employee Mileage and Cell Phone Allowance of about $20,000 per month

BLUE CARD Dawn Urbanek

This Item represents an across the Board perk to all management employees for mileage and cell phone allowance at a cost to the District of what appears to be $20,000 per month- $240,000 per year. CUSD did not disclose the cost of this item on the agenda.

CUSD has No District funded Art Music or Science for students that aligns with minimum State Content Standards and Curriculum Frameworks, taught by a properly credentialed teacher unless parents can afford to fundraise for it

CUSD claims to have facilities that have not been fixed or maintained for 15 years due to a lack of funding. (CUSD's Measure M $889 million in repairs and maintenance.)

CUSD just gave employees four consecutive years of compensation increases totaling $120 million, while choosing not to spend $10 million to fix every leaky roof and HVAC system in the district.

 

Learn More

 

 RED FLAG - Cities

Agenda Item #16 Resolution to Approve the Annual 5-year Reportable Fees Report for Fiscal Year 2015-16 page 224

BLUE CARD Dawn Urbanek

THIS ITEM HAS STATUTORY NOTICE REQUIREMENTS AND SHOULD NOT BE ON THE CONSENT CALENDAR

There is an error on the report on page 239. There is no Rancho Mission Viejo Middle School in CUSD there is Escencia K-8.

Fund 25 SPENDING

Total Spending $4,894,679.53

Area 1 TRUSTEE HANACEK

Area 2 TRUSTEE REARDON
Ladera Ranch ES     22,984.60 
Las Flores ES          75,461.50
San Juan ES           12,424.01 
Lader Ranch MS    583,676.40 
San Juan Hills HS  116,276.09
Rancho Mission Viejo                                          371,123.94 TOTAL             $1,181,946.54

Area 3 TRUSTEE ALPAY
San Clemente HS  $124,538.18

Area 4 TRUSTEE MCNICHOLAS
Dana Hills HS       $284,466.08

Area 5 TRUSTEE PRITCHARD
Aliso Niguel HS     $842,748.74

Area 6 TRUSTEE JONES
Bergeson ES          270,831.12
Capo Valley HS             500.00 TOTAL                 $271,331.12

Area 7 TRUSTEE HATTON-HODSON
Barcelona Hills ES $221,798.09

CHARTER SCHOOL
Oxford Academy     $11,524.92

DISTRICT WIDE
Consulting/Legal     131,823.92
Strategic Growth Plan                                           240,196.43
Land Acquisition      53,440.51
Building/ Building
Improvements        822,332.95
Architects Fees       695,362.07
Construction              7,237.00
Furniture/Equipment  5,932.98
TOTAL               $1,956,325.86

PLANNED SCHOOL FACILITY PROJECTS - FUNDS CURRENTLY AVAILABLE

San Clemente HS Classroom Additions $7,000,452.00

San Juan Hills HS Classroom Additions $7,950,000.00

Tesoro HS Classroom Additions $11,018,944

 

Learn More

 

Agenda Item #17 IT Contract with Systems Engineering Inc. DBA ASSI Security page 241

BLUE CARD - Dawn Urbanek 

The contract documents say: "Maximum Order Limit $100,000.00"

The Agenda says states: "Annual expenditures under this contract are expected to be $200,000 based on the number of sites adding security cameras."

The Agenda Item needs to be changed to reflect the Contract.

  

Learn More

 

 

Agenda Item #18 Contract with Vector Resources Inc page 242

STAFF PULLED THIS ITEM FROM THE CONSENT CALENDAR because Contract #0301700876H was put on the agenda as Contract #0301700879H. The 9 and 6 got transposed.

Learn More

Contracts for the following Brands:

  • TYCO/AMP,
  • MONO,
  • SOUTHWEST DATA PRODUCTS
  • CISCO
  • ARUBA NETWORKS
  • BROCADE,
  • FORTINET
  • AXIS,
  • OnSSL,
  • SONY
  • EXTRON
  • HEWLETT PACKARD,
  • TRIPPLITE
  • BERK - TEK,
  • CORNING,
  • GENERAL CABLE,
  • HUBBELL,
  • LEVITON,
  • MOHAWK,
  • ORTRONICS,
  • PANDUIT,
  • SIEMON,
  • SUPERIOR ESSEX,
  • TYCO/AMP,
  • COMMUN-EQUIPMENT

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CURRICULUM & INSTRUCTION 

Agenda Item #19 Amendment to Contract Between CDE and CUSD for Child Development Services page 243

Amend the Maximum Reimbursable Rate (MRA) from $2,661,123.00 to $2,797,811.00.

Amend the maximum rate per child per day from $38.53 to the blended rate of $40.45.

The blended rate is an average of the previous rate and the previous rate increased by 10%.

Effective January 1, 2017 per Budget Act of 2016

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Agenda Item #20 Board Approval of Member to the Special Education Local Plan Area Community Advisory Committee No Page Number

Approval of:

  • Ann Carroll
  • Mina Carson
  • Roxanne Cortez
  • Kelly Ferjulian
  • Lisa Klipfel
  • Shadi Pourkashef
  • Satcey Rojo
  • Rachael Sutherland
  • Michelle Tieri

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Agenda Item #21 Secondary Course Catalog page 244  

BLUE CARD Dawn Urbanek

CUSD is changing graduation requirements in Math beginning with class of 2020:

Current Math Requirement:

2 years of HS Math passage of Algebra I with a D to graduate

Math Requirement 2020:

3 years of HS Math passage of Algebra I with a D to graduate.

To get into a 4- year college:

3 years of math (4 recommended) passage of Algebra 1- Geometry - Algebra II/Trig with a C, and completion of all A-G requirements.

76% of all CUSD students have no option after high school other than career or Community College- they are not prepared to meet the eligibility requirements of a 4- year college. 

 

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Agenda Item #22 Software License and Support Agreement with Illuminate Education page 445 

BLUE CARD Dawn Urbanek

Illuminate Education is a student data management system that will cost the District $257,395.50 paid for with General Fund and Lottery Funds.

In addition to Illuminate Education, CUSD has also entered into agreements with 11 other student data management systems:

• Aeries (Eagle Communications)
• BrightBytes
• Cambium Learning Inc.
• Catapult Learning
• Curriculum Associates
• Edupoint Educational Systems
• Follett School Solutions Inc 
• Houghton Mifflin CO
• Naviance
• Renaissance Learning Inc
• Solution Tree Inc

How many does CUSD need, and at what cost?

 

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HUMAN RESOURCE SERVICES

Agenda Item #23 Annual Report Employment of Relatives page 459

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Agenda Item #24 Classified Employees page 462

Comment Dawn Urbanek

ASB Funded Positions $210,209.00 

CUSD is relying on one-time money to fund on-going positions in the District. Having to "raise" these funds every year is another tax on CUSD taxpayers.

Right now the wage paid is $10 per hour- what happens to taxpayers when the minimum wage goes up to $15 per hour? 

CUSD has hired a lot of College & Career Counselors this year at salary levels above $115,000.00 (more than our teachers make). Their resumes reflect more of a sales/marketing background rather than a "Counseling" background. 

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Agenda Item #25 Certificated Employees page 478

GENERAL FUNCTIONS

Agenda Item #26 page 459

School Board Meeting Schedule July - December 2017

 Agenda Item #27 page 490

School Board Minutes

 

DISCUSSION/ACTION ITEMS

RED FLAG - MIP Families

Agenda Item #28 page 459 Board Audio at 91:00 (1 hour 31 minutes)

VOTE 4-2-1 to Ratify Matriculation Pathway for the Mandarin Immersion Program that was approved at the November 16, 2016 BOT Meeting: Bergeson Elementary School to Newhart Middle School to Capistrano Valley High School.

Trustee's Readon and Holloway voted against the Ratification.

Trustee Hatton-Hodson was absent.

The approved pathway locations are not centrally located. The program may loose San Clemente families.

The Las Flores K-8 - CAPO Valley High pathway:

Provides easier access to more families especially with La Pata.

Would allow the Elementary and Middle School to remain on one campus keeping the program stronger. 

Trustees directed staff to look at possible bussing options for MIP families. 

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RED FLAG - City Attorneys

 

Agenda Item #29 page 503

RESOLUTION Adopting Conflict of Interest Code to Supersede all Prior Codes and Amendments

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Note from: Dawn Urbanek.

Trustee Hatton-Hodson is under an on-going investigation for Conflict of Interest.

FPPC #COM-10172016-10573 

I forwarded this Item to both the FPPC and the OC District Attorney.

RED FLAG - Cities 

Agenda Item #30 page 529

#CAPOFORWARD "Re-Imagining" Plan - presentations Plan for RH Dana, Clarence Lobo and Hidden Hills Elementary School

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Note from: Dawn Urbanek

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

The seven schools are:

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

Future Presentations:

January 23, 2017 RH Dana, Hidden Hills, Lobo

February 22, 2017 Del Obispo, Wood Canyon

     

Agenda Item #31 page 548

FIRST READING Board Policy School of Choice

For 2017-18 School Year

FIRST PRIORITY - Residents living in the school boundary area.

SECOND PRIORITY - Children of School Employees (CUSD is making this permanent not just for 2016-17)

THIRD PRIORIY

A. Title I Public School Choice

B. Any student enrolled in a school labeled persistently dangerous

c. Siblings

then- based on open seats

Ladera Ranch CFD Study Area 209 can enroll in Tesoro or San Juan Hills

Talega CFD Study Area 1500 can enroll in San Juan Hills or San Clemente.

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Agenda Item #32 page 552

Certification of First Interim Report and Adoption of 2016-17 Revenue and Expenditure Increases/Decreases

CUSD is filing a POSITIVE certification meaning "based on current projections the district will meet it's fiscal obligations for the current and subsequent 2 years.

Employee Compensation is 89% of CUSD's Budget.

Contract Negotiations with all employees have not been completed.

How is CUSD able to file a Positive Certification?

The supporting documentation shows:

Large percentage cuts to employee compensation and books and supplies to make the budget work.

CUSD is relying on one-time moneys for on-going expenses.

CUSD has $52 million in unfunded pension liabilities.

CUSD has built in very large Step & Column Salary schedule increases for employees.

CUSD has given 4- consecutive years of across the Board compensation increases totaling over $120 million while students attend class in facilities that have not been maintained for 15 years, with class sizes that average 32 students per class in TK and K, with staff to student ratios that are no longer safe. Students who attend schools that cannot afford to fundraise do not receive instruction in Art, Music, or Science that align with California State Content Standards and Curriculum Frameworks taught by a properly credentialed teacher. 

CUSD must first fund all core educational classes required by law before it can claim a positive certification.

This District is on life support propped up by one time grant funds and fundraising and donations (all one-time monies).

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RED FLAG - Parents

CA Healthy Youth Act mandates that all students in 7 & 8 grade receive instruction in Sexual and Health  Education unless a parents OPTS their student OUT of the class. (passive permission)

Agenda Item #33 No page number because there is no supporting documentation. Board Audio at 148:07 (2 Hours 28 Minutes 07 Seconds)

Instructional Materials Recommended for Pilot Program: Secondary Sexual and Health Education Grade 7-8

VOTE

Trustees voted 6-0-1 to adopt the Pilot with assurances that Parents would be given notice and the ability to Opt Out as required by law.

Cost $6,000 paid for with Lottery Funds

Compliant with Healthy Youth Act, Education Codes § 51930-51939

“Abstinence‐only” sex education, which offers abstinence as the only option for preventing STIs and unintended pregnancy, is not permitted in California public schools.

Districts must notify parents of the instruction and provide them with opportunities to view the curriculum and other instructional materials. Districts must also allow parents to remove their student from instruction if they so choose, using a passive consent (“opt‐out”) process in which parents must request in writing that their student not receive the instruction. Districts may not require active consent (“opt‐in”) by requiring that students return a permission slip in order to receive the instruction.

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Trustees voted to approve adoption of this Pilot without confirming that this text was submitted to the IMRC (Instructional Materials Review Committee). Trustee McNicholas who sits on that Committee had never seen the text. Trustee Hatton-Hodson who also sits on this committee was absent.

HealthConnected.org is a very small non-profit that serves San Mateo County. One of the services they provide is to give students access to "Youth Friendly Clinics" 

Services at these clinics are:
Confidential (you do NOT need a parent's permission)

Available to youth of any age (you do NOT need to be 18)

Low cost or free, depending on the clinic.

 

Agenda Item #34 No supporting documentation

Instructional Materials Recommended for Adoption: Secondary Science, Marin Ecology Grade 11-12

A teacher committee has recommended the adoption of The Death and Life of Monterey Bay a Story of Revival (written by Stephen R. Palumbi and Carolyn Sotka) Island Press ©2011 as a supplemental title for Marine Ecology, grade 11-12.

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