July 26, 2017 CUSD Board of Trustees Meeting

Discussion/Action Items

AGENDA ITEM #26  SOLAR FEASIBILITY STUDY page 611

Board Audio at 69:42

The Board gave direction to Staff to apply for CREB Bonds in the event CUSD decides to pursue solar for six High Schools.

NO BLUE CARD WAS PULLED

A BLUE CARD SHOULD HAVE BEEN PULLED

Board Audio at 104:40

Trustee Jones brings up new EMF sources on to campus which are a danger to students.

Board Audio at 110:04

Trustee Holloway concerned about loss of trees on campus to place solar panels on campuses.

Red Flag Taxpayers

Board Audio at 113:54

How funding is done and the ability to avoid RFP process.

Process going forward:

Consultant will work with students 

Design Build Contracts - Best Value vs Low Bid

Gov code 4217 for an award - for Energy Projects (Prop39) you don't need to pick the lowest bidder- as long as project saves more money than it costs. Consultant wants to select bidder- not just rely on "Low Bid".

CREB Financing is FEDERAL Money.

CREB Financing model is cash positive all years.

Clean Renewable Energy Bond Funding Source. 

Asking Board to approve application for CREB Bonds for all these sites.

Board Audio at 122.00

Superintendent Vital pushes for CREB Financing Applications whether or not CUSD actually goes through the installing the Solar Panels.

This Item was discussed for almost a full hour. CUSD discussed the LCAP - the only accountability tool to measure academic performance of student outcomes and how CUSD is doing in meeting its goals lasted 11 minutes for both the PUBLIC HEARING and Discussion/Action Item. 

Taxpayers should be very concerned about Prop 39 Projects and how money is spent- LOTS OF PAY TO PLAY and how CA uses Taxpayer dollars to promote its Green Energy policy using our Public Education System.

Insufficient funding for Art- Music- Science- but we received a grant to purchase $325,000 electric buses (we no longer have bus routes for the average kid to get to school) and now we will have solar power on 6 high schools. HUMMMMM

See: Mis-use of Taxpayer Funds? $334,798 for one electric school bus!

AGENDA ITEM #27  FIRST READING – SECOND READING BOARD POLICY 9323, MEETING CONDUCT: page 628 

No action was taken - this Item will be brought back for a Third Reading at the August meeting.

 

Brown Act Violation

 

Board Audio at 126:03

Trustee McNicholas states: "I want to wait until Gila gets back, because this is something she and I..."

Nicole Pass these out please.

Staff revised this Bylaw. What are we trying to accomplish here? Martha and Gila have a "friendly amendment" to this policy. So Superintendent Vital published the original in the Agenda and Staff is now handing the Amendment out at the meeting in a handout"

The point of the "Friendly Amendment"  is to limit the time a member of the public can speak to items on the Consent Calendar to 5 minutes TOTAL rather than 3 minutes per Item or 20 minutes Total.

Board Audio at 132:20

BLUE CARD- Dawn Urbanek

All presentations shall be heard by the Board after any staff comments, but prior to formal discussion by Board members of the agenda topic under consideration. There is no statement regarding how to handle consent items in this policy. The last meeting was very confusing for Trustess and was changed without a change in policy that was voted on by the Board

 

Board Audio at 135:10

Trustee Bullockus states that she did not understand that the intent of the "Friendly Amendment" was to limit time to 5 minutes total for all consent items no matter how many there are.

Board Audio at 135:40

Trustee McNicholas responds that Consent Items are Rountin Items that should not need discussion. 

Board Audio at 135:50 

Trustee Jones stated that she spoke with Trustee Reardon because she knew he had an interest in this and would not be here tonight. 

Back and forth discussion continued...

Board Audio at 145:22

Trustee Holloway doesn't feel comfortable with limiting time. She has had some issues with what is placed on the Consent Calendar.

Back and forth discussion continued...

Board Audio at 163:17

Superintendent Vital corrected the record - this is the Second Reading - not the First. So next meeting will be the Third Reading.

FIRST READING – SECOND READING BOARD POLICY 9323, MEETING CONDUCT.

AGENDA ITEM #28  RESOLUTION NO. 1718-01, RESOLUTION OF THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS FOR THE POTENTIAL ASSIGNMENT OF RIGHTS TO ACQUIRE REAL PROPERTY KNOWN AS THE PACIFICA SAN JUAN SITE: page 633

Trustee Hanacek moves the Item. Trustee Holloway Seconds.

Item passes 5-0-2 (Trustee Reardon and Pritchard absent)

Board Audio at 163:17 

Board Audio at 164:43 

Clark Hampton: this item authorizes Staff to issue an RFP to partner with a Developer to assign the option to the Developer to build residential homes.

BLUE CARD- Dawn Urbanek

I attended the workshop where all of this was discussed.

What I learned from the Esencia School site purchase is that we need a real "BROKER" to negotiate these deals -not Clark Hampton and Kristen Vital with the guidance of an attorney who signs their name with an "X".

Negotiator cannot be Clark Hampton or Kristen Vital

At least this time we know who the Attorney is.

Attorney Andreas Chialtas

CUSD hired a Real Estate Consultant George Petterson - who is not a Broker either.

I am concerned that CUSD is now getting involved in real estate development business in the desire to provide low income housing to employees as stated in your January workshop. 

I would like to see CUSD spend its time providing even a minimum education to our children.

Maybe it is time to break CUSD up - when we add 70,000 more people- neither the taxpayer or students will be served.

Note: See January 18, 2017 Asset Management Planning Workshop

Board Audio at 166:22

Trustee Jones commented that in CFD 98-1 we received money and an option to purchase a piece of land for a school site. We are talking about exercising our option to buy the property and sell it.

Board Audio at 166:40

Clark Hampton - CUSD is selling the option to purchase the 7.3 acres property for $6 million. This is an RFP to sell the option.

Discussion continues. 

The bottom line... is to approve an RFP to sell the option.

Trustee Hanacek moves the Item. Trustee Holloway Seconds.

Item passes 5-0-2 (Trustee Reardon and Pritchard absent)

ATTENTION CITY OF LAGUNA NIGUEL

NOTE: A Complaint has been filed with the District Attorney.

AGENDA ITEM #29 RESOLUTION NO. 1718-02, RESOLUTION OF THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT RECONFIRMING ACCEPTANCE OF THE ADVISORY COMMITTEE RECOMMENDATION; RATIFYING DECLARATION OF SURPLUS PROPERTY; AUTHORIZING OFFER OF DISTRICT PROPERTY FOR SALE TO PUBLIC ENTITIES; AND AUTHORIZING PUBLIC SALE OF PROPERTY: page 640

Moved by Amy Hanacek. Second by.

Item Passed 5-0-2 (Trustee Pritchard and Reardon absent)

Supporting Documentation:

CUSDWatch: July 26, 2017 BOT Meeting Agenda Item #29

PUBLIC RECORDS REQUEST CITY OF LAGUNA NIGUEL

Complaint to District Attorney 

Board Audio at 170.10

Clark Hampton presented this item to the Board. 

In the February 22, 2017 Resolution Board gave direction to Staff to renegotiate the Lease with Alan Cadillac AND to also explore selling the property outright.  There have been offers received for the property recently.

Gave background- Property was declared surplus in 2006.

Board Audio at 171.00

If this is approved Staff will move forward with an RFP to sell the Property outright.


Note: This property was declared "Surplus" in 2006.

Note: See January 18, 2017 Asset Management Planning Workshop

Board Audio at 171.35

BLUE CARD- Dawn Urbanek

I attended the workshop where all of this was discussed.

At the January 27, 2017 Asset Management Workshop District Staff recommended continuing the Use Agreement with the car Dealership and renegotiating terms. This would allow CUSD to retain Ownership of the site and provide CUSD with a revenue stream for deferred maintenance.

SUMMARY and NEXT STEPS: Renegotiate use agreement with local car dealership.

RESOLUTION No 1617-50 Asset Management Plan February 22, 2017 BOT Meeting Agenda Item #9 Exhibit #9 page 250. 

Laguna Niguel - Paseo de Colinas Property The District will reorganize the Laguna Niguel site adjacent to Niguel Hills Middle School to allow for the more efficient layout of storage. The District will negotiate the amendment of terms on the existing use agreement for storage space with the local car dealership. The District will also explore the option of potentially selling the site. District staff will involve City staff in the course of moving forward with plans for this site

Staff added this part to the Resolution- that is not what Staff was suppose to do.

I did a PUBLIC RECORDS REQUEST to the City of Laguna Niguel and asked if Staff was working with the City.

[The City said no- response was received after this meeting]

Selling the Parcel as is- problem is that 

So what you have here is STAFF making the unilateral decision to Sell Property without Board Approval and they accomplished that by Lying to the Board of Trustees about what they said they were doing and what they are actually doing. 

This is the same type of action that resulted in the gifting of $13 million in taxpayer money to the Ranch in the purchase of the Esencia School Site which is the subject of a DA Investigation.

Neither Kristen Vital nor Clark Hampton are licensed brokers. The Esencia deal was signed by an Attorney with no name using an X to sign his name.

A complaint has been filed with the Ca Bureau of Real Estate on behalf of taxpayers.

Board Audio at 174:22

Moved by Amy Hanacek. Oh! there is discussion?

Board Audio at 174:27

Trustee Holloway asked who had to be noticed about the sale of the sale of this property. 

Board Audio at 175:54

Unidentified Attorney for CUSD- deliniated who needed to be notified regarding the sale of surplus property. This gets you back to where you were in 2006. Outlined the process.

Note: The Attorney outlined the Legal Process- but is it being followed? at Board Audio at 170:10 Clark had already stated:  

"There have been offers received for the property recently." 

and 

The City of Laguna Niguel has now responded that CUSD had not been in contact with them regarding this process.

This is another matter for the District Attorney. Clark Hampton SHOULD NOT BE UNILATERALLY NEGOTIATING LAND DEALS.

Board Audio at 176:08

Trustee Jones seconds the Item.

Board Audio at 176:17

Trustee McNicholas- we did re-negotiate the lease correct?

Board Audio at 176:25

Clark Hampton confirmed that the lease was renegotiated. Month to Month lease $11,000 per month.

Since we renegotiated the lease, they do know we are planning to sell the property?

Board Audio at 176:35

Clark Hampton responds - If they don't... they will know soon.

[Laughter]

Board Audio at 176:37

And we have notified the City that it is up for sale again?

Board Audio at 176:35

Clark Hampton responds - yes we are having discussions.

Board Audio at 176:40

Moved by Amy Hanacek. Second by Trustee Jones.

Item Passed 5-0-2 (Trustee Pritchard and Reardon absent)

AGENDA ITEM #30  INSTRUCTIONAL MATERIALS RECOMMENDED FOR ADOPTION: SECONDARY BI-LITERACY LANGUAGE ARTS/ENGLISH LANGUAGE DEVELOPMENT, GRADE 6 SPANISH TWO-WAY IMMERSION:page 649

Moved by Trustee Holloway. Second by Trustee Hanacek. 

Item Passed 5-0-2 (Trustee Pritchard and Reardon absent)

Board Audio at 177:08

Presented by Doctor Holiday - Staff wants to extend this curriculum to Grade 6.

Grade Levels: 6
By McGraw-Hill Education
 
Copyright: 2017 
 
Publication Date: March 18, 2016
 
MHID: 0021308004 
 
ISBN 13:  9780021308002

Applies strategies and skills from the Taller de lectura y escritura to extended complex text with authentic literature from across the Spanish-speaking world and informational selections.  Integrates by reading across texts using the anchor text and its paired selection for each week. Builds on the theme, concept vocabulary, and comprehension skills and strategies of the Taller de lectura y escritura. Expands students’ exposure to a broad array of genres.

Board Audio at 178:17 

Trustee Holloway commented that she likes the new Board Reports. Would like more background for the Public Hearing Portion. 

Moved by Trustee Holloway. Second by Trustee Hanacek. 

Item Passed 5-0-2 (Trustee Pritchard and Reardon absent)

 

 

AGENDA ITEM #31 FIRST READING – BOARD POLICY 5173, SUICIDE PREVENTION:page 658

Moved by Trustee . Second by Trustee . 

Item Passed 5-0-2 (Trustee Pritchard and Reardon absent)

Board Audio at 179:51

Presented by Greg Merwyn 

[Not Stated in the presentation, but is stated in the BP 5173(a) is the following: 

"The Board of Trustees recognizes that suicide is the second leading cause of death among young people ages 10 – 24."

"In an attempt to reduce suicidal behavior and its impact on students and families, the Superintendent or designee shall develop and implement strategies for suicide prevention, intervention, and postvention. The District’s Suicide Prevention, Intervention and Postvention Protocols shall provide the guide to identify and intervene when a suicide risk is suspected, and address school, staff, and community needs and appropriate responses during postvention."

"The Board recognizes having at least one supportive adult can reduce the risk of youth suicide. The Superintendent or designee will provide teachers with the knowledge, tools, and resources to respond when a young person comes to a teacher for help."

The Board finds it appropriate that suicide prevention instruction be incorporated into the seventh, ninth and tenth grade curriculum. This instruction The Board approved curriculum used shall help students:

1. Understand how feelings of depression and despair can lead to suicide suicidal thoughts.

2. Identify alternatives to suicide and develop new coping skills. Provide strategies to increase and reinforce resiliency factors.

3. Recognize the warning signs or suicidal intentions in their friends.

4. Learn to listen, be honest, share feelings and get help when communicating with friends who show signs of suicidal intent

The Policy then eliminated "Peer Assistants"

Board Audio at 180:20

Discussion - answers to Trustee Holloways questions by various parties.

Question: What "Postvention"?

Answer: Appropriate response to a successful suicide.

Question: Why were Peer Assistants eliminated?

This policy eliminates peer assistant and only trained adults should be part of Postvention.

Question: What about the LGBT Community?

That is addressed in BP 5173(b)(1)(d) 

Can Trustees attend your suicide prevention trainings?

The Counselors will provide training to all teachers on site- you should be able to see what those training look like.

Board Audio at 183:21

Trustee Hanacek dissueded having Trustees attend these trainings and gave an alternative venue. The Counselors Showcase is a better venue. Better time for Trustees to sit through.

 

 

Meeting Adjourned at 10:31 pm

Motion by Trustee Hanacek

Second by Trustee Jones