March 13, 2019 CUSD BOT Meeting: CONSENT CALENDAR
BUSINESS AND SUPPORT SERVICES 

AGENDA ITEM #4  

DONATION OF FUNDS AND EQUIPMENT 

Board Agenda page 5

Donations: $274,418.49

More Information

In an average year monetary donations total around $3.5 million to $4 million.

Approval of donations of funds and equipment. A number of gifts have been donated to the District, including $274,418.49 in cash. These funds will be deposited in the appropriate school accounts. Items other than cash have no financial impact on the budget. The District does not guarantee maintenance of items or the expenditure of any District funds for continued use. [New Language]

CUSDWatch Comment

Relying on Fundraising and Donations to pay for core educational programs in CUSD creates wealth based inequities that violate the civil rights of those students who attend schools that cannot afford to fundraise.

Illegal Donations include fundraising for:

  • Class Size Reduction
  • Instructional Aids
  • Professional Development for Teachers
  • Release time for teachers
  • Leadership Conference for Staff
  • Science programs
  • Math Programs
  • PE Programs
  • Art Programs
  • Reading/Writing Programs
  • Computers

90% of CUSD's Budget goes to employee Salaries Pensions and Benefits. Employees have received 5 consecutive years of across the board compensation increases totaling over $150 million. They have been allowed to do that thanks to the generous donations of parents and taxpayers.

 

AGENDA ITEM #5 

PURCHASE ORDERS, COMMERCIAL WARRANTS AND PREVIOUSLY BOARD-APPROVED BIDS AND CONTRACTS 

Board Agenda page 9

Purchases Orders Total $6,209,243.42

Warrants Total $7,426,906.74

Attachment 3 is a list of previously Board-approved bids and contracts to assist in the review of the purchase order and commercial warrant listings. Attachment 4 is a list of previously Board-approved warrants, by vendor, exceeding $250,000

 

AGENDA ITEM #6 

INDEPENDENT CONTRACTOR, PROFESSIONAL SERVICES, FIELD SERVICE, AND MASTER CONTRACT AGREEMENTS

Board Agenda page 88

42 new agreements totaling $1,328,291.98

8 amendments to existing agreements totaling $60,145.

 

 

THIS ITEM SHOULD BE PULLED

FRESH PRODUCE

AGENDA ITEM #7

AWARD BID NO. 1819-12, FRESH PRODUCE (FRUITS AND VEGETABLES) PRODUCTS AND SERVICES, CATEGORY 1 – BETTER LIFE ORGANICS DBA CHARLIE’S PRODUCE

Board Agenda page 382

More Information

Cost: $700,000

Funding: Cafeteria Fund

Approval of Award of Bid No. 1819-12, Fresh Produce (Fruit and Vegetables) Products and Services Category 1 to e dba Charlie’s Produce. Category 1 (Organic Produce) was previously awarded to Gold Star Foods at the Board meeting held on April 25, 2019. Gold Star Foods has since been deemed non-responsible and unable to perform according to the terms of Category 1 of Bid No. 1819-12. The two separate bid categories were separately awarded to the lowest responsive, responsible bidder. The initial contract term is April 1, 2019 through June 30, 2020 and may be extended with Board approval. The proposed term for the award of Category 1 of Bid No. 1819-12 (Organic Produce) is June 15, 2019 through June 30, 2020. Annual expenditures under this contract are estimated to be $700,000 funded by the cafeteria fund; however, will vary dependent on District needs and availability of funds.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

CUSDWatch Comment

Correction: This Contract was approved at the March 13, 2019 BOT Meeting

2016-17: $100,000

2017-18: $200,000

2018-19: ?

2019-20: $700,000

What is going on here?

March 13, 2019

AGENDA ITEM #6AWARD OF BID NO. 1819-12, FRESH PRODUCE (FRUITS AND VEGETABLES) PRODUCTS AND SERVICES – GOLD STAR FOODS page 153

Contract Term: 04/01/2019 - 06/30/20

Cost: $700,000

Who did CUSD use for the period 6/30/18 to 04/01/19 and what did CUSD pay? 

August 23, 2017

AGENDA ITEM #7 EXTENSION NO. 1 OF BID NO. 1617-05, FRESH PRODUCE (FRUITS & VEGETABLES) PRODUCTS AND SERVICES - VAL-PRO, INC. DBA VALLEY FRUIT & PRODUCE CO.: page 320

Contract Term: 07/01/17 - 06/30/18

Cost: $200,000.00 

September 28, 2016 

Agenda Item #8 AWARD BID NO. 1617-05, FRESH PRODUCE (FRUITS & VEGETABLES) PRODUCTS AND SERVICES – VAL-PRO, INC., dba VALLEY FRUIT & PRODUCE CO page 147

Contract Term: 10/01/16 - 06/30/17

Cost: $100,000

 

 Capo Valley High School

Turf Replacement

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AGENDA ITEM #8

AWARD BID NO. 1819-20, CAPISTRANO VALLEY HIGH SCHOOL TURF REPLACEMENT, CAPISTRANO VALLEY HIGH SCHOOL SOFTBALL SCOREBOARD, AND SAN CLEMENTE HIGH SCHOOL SOFTBALL SCOREBOARD – OHNO CONSTRUCTION COMPANY:

Board Agenda page 396

Cost: $1,864,500

Funding: Deferred Maintenance Funds

Approval of Award of Bid No. 1819-20, Capistrano Valley High School Turf Replacement, Capistrano Valley High School Softball Scoreboard, and San Clemente High School Softball Scoreboard to Ohno Construction Company. Four bids were received and opened on May 17, 2019 and are listed on Exhibit A. The bidder offering the lowest base price was used to determine the lowest responsive bidder. Ohno Construction Company is the lowest responsive, responsible bidder at $1,864,500. This project will be funded by deferred maintenance.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

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MILK AND DAIRY PRODUCTS

AGENDA ITEM #9

SECOND EXTENSION OF BID NO. 1617-19, MILK AND DAIRY PRODUCTS – HOLLANDIA DAIRY, INCORPORATED:

Board Agenda page 453

Cost: $900,000

Funding: Cafeteria Fund

Approval of Second Extension of Bid No. 1617-19, Milk and Dairy Products with Hollandia, Incorporated. Bid No. 1617-19 was awarded to the lowest responsive, responsible bidder on April 19, 2017 for the initial term of May 1, 2017 through June 30, Page 453 EXHIBIT 9 2018 with optional renewal terms. On July 25, 2018, the Board approved the First Extension through June 30, 2019. The vendor agrees to extend the proposed extension, at the same pricing under the initial award term as provided in Exhibit 2 for the proposed renewal period of July 1, 2019 through June 30, 2020. Annual expenditures utilizing this contract are estimated to be $900,000 funded by the cafeteria fund. Actual expenditures may vary depending on availability of funds and District needs. Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

SPECIAL EDUCATION 

AGENDA ITEM #10

SECOND EXTENSION OF BID NO. 1718-08, OUTSOURCE TRANSPORTATION SERVICE – AMERICAN LOGISTICS COMPANY, LLC:

Board Agenda page 465

Cost: $650,000

Funding: Special Education, Transportation and the General Fund

Approval of Second Extension of Bid No. 1718-08, Outsource Transportation Service with American Logistics Company, LLC. Bid No. 1718-08 was awarded to the lowest responsive, responsible bidder on July 26, 2017 for the initial term of August 1, 2017 through June 30, 2018 with optional renewal terms. On July 25, 2018, the Board approved the First Extension through June 30, 2019. The vendor agrees to maintain the same pricing under the initial bid award term for the proposed renewal period of July 1, 2019 through June 30, 2020. Annual expenditures utilizing this contract are estimated to be $650,000 funded by special education, transportation and the general fund. Actual expenditures may vary depending on availability of funds and District needs.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

 

AGENDA ITEM #11

SECOND EXTENSION OF BID NO. 1718-10, FRESH BREAD AND BAKERY PRODUCTS – GALASSO’S BAKERY:

Board Agenda page 480

Cost: $100,000

Funding: Cafiteria Fund

Approval of Second Extension of Bid No. 1718-10, Fresh Bread and Bakery Products with Galasso’s Bakery. Bid No. 1718-10 was awarded to the lowest responsive, responsible bidder on July 26, 2017 for the initial term of August 1, 2017 through July 31, 2018 with optional renewal terms. On July 25, 2018, the Board approved the First Extension through July 31, 2019. The vendor agrees to extend the proposed extension at the rates provided in Exhibit 2 for the proposed renewal period of July 31, 2019 through August 31, 2020. Annual expenditures utilizing this contract are estimated to be $100,000 funded by the cafeteria fund. Actual expenditures may vary depending on availability of funds and District needs.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

RANCHO SANTA MARGARITA

AGENDA ITEM #12

LIMITED USE LICENSE WITH RANCHO SANTA MARGARITA LANDSCAPE AND RECREATION CORPORATION FOR THE USE OF ARROYO VISTA PARK:

Board Agenda page 495

Cost: $5,000

Funding: General Fund

Approval of the renewal of the Limited Use License with Rancho Santa Margarita Landscape and Recreation Corporation (SAMLARC) for student use of Arroyo Vista Park. Arroyo Vista K-8 School is located adjacent to Arroyo Vista Park in the City of Rancho Santa Margarita. The park is maintained by SAMLARC, a non-profit homeowners association. The Limited Use License was developed to provide general provisions defining each agency’s responsibilities. The license is effective August 20, 2019 through June 4, 2020 and includes a fee of $5,000 funded by the general fund. SAMLARC will be responsible for all ongoing maintenance of the park. The original Limited Use License was reviewed and approved by District and SAMLARC legal counsel.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

RANCHO SANTA MARGARITA

AGENDA ITEM #13

LIMITED USE LICENSE WITH RANCHO SANTA MARGARITA LANDSCAPE AND RECREATION CORPORATION FOR USE OF TIJERAS CREEK PARK:

Board Agenda page 539

Cost: $8,900

Funding: General Fund

Approval of the renewal of the Limited Use License with Rancho Santa Margarita Landscape and Recreation Corporation (SAMLARC) for student use of Tijeras Creek Park. Tijeras Creek Elementary School is located adjacent to Tijeras Creek Park in the City of Rancho Santa Margarita. The park is maintained by SAMLARC, a non-profit homeowners association. The Limited Use License was developed to provide general Page 539 EXHIBIT 13 provisions defining each agency’s responsibilities. The license is effective August 20, 2019 through June 4, 2020 and includes a fee of $8,900 funded by the general fund. SAMLARC will be responsible for all ongoing maintenance of the park. The original Limited Use License was reviewed and approved by District and SAMLARC legal counsel. Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

 INTERNET ACCESS

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AGENDA ITEM #14

2019-2020 INTERNET ACCESS AGREEMENT NUMBER 47945 – ORANGE COUNTY SUPERINTENDENT OF SCHOOLS:

Board Agenda page 588

Cost: FREE

Funding: FREE

Approval of 2019-2020 Internet Access Agreement Number 47945 with Orange County Superintendent of Schools (OCDE) to provide Internet access services to the District. The term of this agreement is July 1, 2019 through June 30, 2020. Internet access is provided at no cost to the District. Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

OCDE passes Internet services from Corporation for Education Network Initiatives in California (CENIC) to the District. The K12 High Speed Network pays for the services and the county passes those savings to the District. The District pays for technical support services for the equipment that passes the network services to the District.

Established in 1997, this nonprofit organization operates the California Research and Education Network (CalREN), a high-capacity computer network with more than 8,000 miles of optical fiber. The network serves over 20 million users across California, including the vast majority of K-20 students together with educators, researchers, and individuals at other vital public-serving institutions.

Pacific Wave Maps are interesting 

INTERNET SUPPORT SERVICES

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AGENDA ITEM #15

2019-2020 NETWORK SUPPORT SERVICES AGREEMENT NUMBER 47944 – ORANGE COUNTY SUPERINTENDENT OF SCHOOLS:

Board Agenda page 594

Cost: $2,400

Funding: General Fund

Approval of 2019-2020 Network Support Services Agreement Number 47944 with Orange County Superintendent of Schools (OCDE) to provide network support services to the District from July 1, 2019 through June 30, 2020. Annual expenditures under this contract are limited to $2,400 funded by the general fund.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

FLOORING

AGENDA ITEM #16

STATE OF CALIFORNIA MULTIPLE AWARD SCHEDULE CONTRACT NO. 4- 18-00-0085B, GENERAL SERVICES ADMINISTRATION SCHEDULE NO. 121715-MCD, PURCHASE, WARRANTY, AND INSTALLATION OF FLOOR COVERING PRODUCTS AND RELATED PRODUCTS – MOHAWK COMMERCIAL, INCORPORATED:

Board Agenda page 601

Cost: $250,000

Funding: General Fund and Deferred Maintenance

Approval to utilize the State of California Multiple Award Schedule Contract No. 4-18- 00-0085B, General Service Administration Schedule No. 121715-MCD and any subsequent revisions, amendments, and extensions awarded to Mohawk Commercial, Incorporated, for the purchase, warranty, and installation of floor covering products and related products, as needed by the District. The District can utilize such contracts pursuant to California Public Contract Code §§ 10298, 10299, and 12100 et. seq. without going to bid. The prices offered by the contractor have been assessed to be fair, reasonable, and competitive. Staff determined it is in the best interest of the District to utilize the state contract for the purchase, warranty, and installation of various floor covering materials and incidental services. Anticipated annual expenditures utilizing this contract are approximately $250,000 funded by the general fund and deferred maintenance.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

CUSDWatch Comment

General Fund Money should not be used for flooring.

 

SPORTS FLOORING

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AGENDA ITEM #17 

STATE OF CALIFORNIA MULTIPLE AWARD SCHEDULE CONTRACT NO. 4- 19-78-0089B, GENERAL SERVICES ADMINISTRATION SCHEDULE NO. GS07F-5560P, PURCHASE, WARRANTY, AND INSTALLATION OF SPORTS FLOORING SURFACES AND RELATED PRODUCTS – KYA SERVICES, LLC:

Board Agenda page 639

Cost: $250,000

Funding: General Fund and Deferred Maintenance 

Approval to utilize the State of California Multiple Award Schedule Contract No. 4-19- 78-0089B, General Services Administration Schedule No. GS-07F-5560P and any subsequent revisions, amendments, and extensions awarded to KYA Services, LLC, for the purchase, warranty, and installation of sports flooring surfaces and related services, as needed by the District. The District can utilize such contracts pursuant to California Public Contract Code §§ 10298, 10299, and 12100 et. seq. without going to bid. The prices offered by the contractor have been assessed to be fair, reasonable, and competitive. Staff determined it is in the best interest of the District to utilize the state contract for the purchase, warranty, and installation of various floor covering materials and incidental services. Anticipated annual expenditures utilizing this contract are approximately $250,000 funded by the general fund and deferred maintenance.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

CUSDWatch Comment

General Fund Money should not be used for flooring.

THIS ITEM SHOULD BE PULLED TO DISCUSS DATA SECURITY POLICIES & PROCESSES

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AGENDA ITEM #18

MASTER SERVICES AGREEMENT – PLANITROI:

Board Agenda page 684

Revenue: CUSD receives revenue from the sale of old chromebooks:

   
$1,000   80% 
$100- 999   70% 
$1 - $99  50% 
$0  Recycle for reuse = ZERO Landfill, ZERO Incineration, ZERO NonFunctioning export 

 

Cost: ?

CUSDWatch Comment

USD just finished a Pilot Program with PlanITROI but did not share any revenue or expense data from the Pilot Program.

 

Approval of the Master Services Agreement with PlanITROI for information technology services to dispose of chromebooks reaching end-of-life dates. Under this agreement, PlanITROI will manage the auction or recycling of outdated chromebooks and provide a credit to use for the replacement of chromebooks as part of the chromebook program refresh. The effective date of the agreement is July 1, 2019 and is continuous until terminated by either party. The credit will reduce the overall cost of the chromebook refresh.Funding: The information technology services will slightly lower the cost of the chromebook refresh program. Funds received from the sale of end-of-life chromebooks would be deposited into a credit account to lower the price of chromebooks purchased in the future.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services 

PlanITROI, was founded on the concept of “Planning IT Return-on-Investment.” The foundation of this innovative IT asset disposition and returns program is that it “Starts with the end in mind – finding the next user.” The approach creates a match in the marketplace for client returned assets, prior to getting the return back. Bottom-line, selling affordable technology to the next user is the most profitable approach to gaining the highest value for the next life of an asset.

CUSDWatch Comment

How do we ensure there are no data breaches with all of the private and confidential data that school districts collect. 

CUSD has a social, emotional, health dashboard that collects social, emotional, sexual and health data not only on students, but on staff and CUSD families.

PROPOSITION 30

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AGENDA ITEM #19

RESOLUTION NO. 1819-46, EDUCATION PROTECTION ACT:

Board Agenda page 696

Revenue: $9,275,678

Expenditures: Instruction Function Codes 1000 - 1999

CUSDWatch Comment

Teacher Pensions

 

Approval of Resolution No. 1819-46, Education Protection Act. On November 6, 2012, voters approved Proposition 30. The monies received from the Education Protection Account (EPA) will be spent according to Article XIII, § 36 of the California Constitution. The Board is required to determine how the District plans to spend the EPA money and annually post it on the District website.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

The Education Protection Account (EPA) was created in November 2012 by Proposition 30, The Schools and Local Public Safety Protection Act of 2012 and it was implemented in 2013. The EPA is governed by § 36 of Article XIII of the California Constitution, which was amended by Proposition 55 in November 2016. The revenues generated from § 36 of Article XIII of the California Constitution are deposited into a state account called the Education Protection Account. Of the funds in the account, 89 percent is provided to K-12 education and 11 percent to community colleges

DON JUAN AVILIA 

Lost Instructional Time

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AGENDA ITEM #20

REQUEST FOR ALLOWANCE OF INSTRUCTIONAL TIME CREDIT DUE TO EMERGENCY CONDITIONS:

Board Agenda page 700

Cost: Approval of this request authorizes the local education agency to disregard these days in the computation of average daily attendance (ADA) and obtain credit for instructional time for the day and the instructional minutes that would have been regularly offered on those days pursuant to Education Code § 46200, et seq

Approval of Request for Allowance of Instructional Time Credit Due to Emergency Conditions.

On March 5, 2019, Don Juan Avila Elementary School and Don Juan Avila Middle School were closed for the day while an investigation was being conducted.

13-Year-Old Boy Found Dead at Middle School in Apparent Suicide: Police

California Education Code § 41422 allows school districts to apply for a waiver due to emergency conditions. Staff is requesting apportionments be maintained and instructional time credited due to emergency conditions. Approval of this request authorizes the local education agency to disregard these days in the computation of average daily attendance (ADA) and obtain credit for instructional time for the day and the instructional minutes that would have been regularly offered on those days pursuant to Education Code § 46200, et seq.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

CUSDWatch Comment

So these kids do not make up the "instructional" time... its just gone. But CUSD does not loose any revenue.

NIGUEL HILLS MIDDLE SCHOOL 

Lost Instructional Time

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AGENDA ITEM #21

REQUEST FOR ALLOWANCE OF ATTENDANCE DUE TO EMERGENCY CONDITIONS

Board Agenda page 706

Cost: $18,918 in lost ADA if the allowance is not granted.

Approval of Request for Allowance of Attendance Due to Emergency Conditions. On March 29, 2019, Niguel Hills Middle School suffered a 33.13 percent material decrease in attendance. as a result of threat of a shooting on campus. Although the school remained opened, some parents opted to keep their children home.

Niguel Hills Middle School Threat Deemed Not Credible, Cops Say

California Education Code § 46392 and § 41422 allows school districts to apply to the state for attendance credit when a district experiences a material decrease in attendance because of emergency conditions as a result of fire, flood, impassable roads, epidemic, earthquake, safety hazard, a non-district transportation service strike, or a military threat. The potential financial impact of the recouped 2.20 average daily attendance (ADA) is estimated to be $18,918. Contact: Clark Hampton, Deputy Superintendent, Business and Support Services

CUSDWatch Comment

So these kids do not make up the "instructional" time... its just gone. But CUSD does not loose any revenue.

OXFORD PREP

Facilities Agreement

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AGENDA ITEM #22

CHARTER FACILITIES AGREEMENT FOR 2019-2024 – OXFORD PREPARATORY ACADEMY

Board Agenda page 712

Cost: 

Funding: 

Approval of Charter Facilities Agreement with Oxford Preparatory Academy (OPA) to enter into an in-lieu arrangement where OPA will occupy the Barcelona Hills Elementary School campus. Terms of this agreement include the use of the space described and depicted in Exhibit A for a five-year period beginning July 1, 2019 and will conclude at the expiration of this agreement on June 30, 2024. The agreement has been reviewed and approved by the District’s legal counsel.

Contact: Clark Hampton, Deputy Superintendent, Business and Support Services 

AGENDA ITEM #23

RECOMMENDATION TO APPROVE AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT AND KIRSTEN M. VITAL, SUPERINTENDENT, AUGUST 26, 2014 – JUNE 30, 2023

Board Agenda page 740

Cost: 

Funding: 

Based on the positive evaluation of Kirsten Vital, Superintendent, per contract language the Board shall place on the agenda for consideration an extension of term of the agreement. The only addition to this amendment is adding ‘2023’ to the term and ‘2022/2023’ to the fiscal year salary statement.

Approval of Amendment No. 3 to Employment Agreement between the Board of Trustees of the District and Kirsten M. Vital, Superintendent.

Contact: Gila Jones, Board President

CUSDWatch Comment

I have substantial documentation that Superintendent Vital and her Cabinet misrepresent the facts to the Board such that the Board cannot make informed decisions. Staff abuses the consent calendar, such as entering into real estate transactions on the Consent Calendar without disclosing an accurate price. 

As a taxpayer I have stood before this Board many times and actually asked the Board to Terminate - "for cause"; Superintendent Kristin Vital, Deputy Superintendent of Business and Support Services, Clark Hampton, and  Dr. Susan Holiday, Associate Superintendent, Educational Services

The Trustees responded by limiting Public Speech, extending their contracts and increasing their compensation.

A must listen to Board Audio

Board Audio at 190:22 (3:10:28) 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.

CUSDWatch: May 10, 2017 CUSD BOT Meeting Agenda Item #27 Board Policy 9322, Agenda Meeting Materials.

During the April 19, 2017 Board Meeting, Trustee Hatton-Hodson requested the placement of Board Bylaw 9323, Meeting Conduct, on the May 10, 2017 agenda to discuss the bylaw language and alignment of the public speaker “blue card” 

 

AGENDA ITEM #24

RECOMMENDATION TO APPROVE AMENDMENT NO. 2 TO AMENDED CONTRACT FOR EMPLOYMENT OF DEPUTY SUPERINTENDENT, BUSINESS AND SUPPORT SERVICES, JULY 1, 2016 – JUNE 30, 2023

Board Agenda page 743

Cost: 

Funding: 

The Deputy Superintendent position within the District is a contracted position. Per contract language, the Deputy Superintendent is evaluated by the Superintendent annually.

CUSDWatch Comment

Only Superintendent Kristen Vital can fire Clark Hampton. Trustees have no power to hire or fire district staff.

 

Based on a positive evaluation, the Superintendent may recommend an amendment to the Deputy Superintendent’s contract. This item may come before the Board annually. Based on the positive evaluation of Clark Hampton, Deputy Superintendent, per contract language the Deputy Superintendent is eligible to receive an extension of term of the agreement.

Approval of Amendment No. 2 to Amended Contract for Employment Agreement between the District and the Deputy Superintendent, Business and Support Services.

Contact: Kirsten Vital, Superintendent 

CUSDWatch Comment

If the period of these contracts are currently through June 30, 2022 why would CUSD be extending them to 2023 at this time?

Could this be related to Toll Road Litigation? 

On May 31, 2019 the District was informed that they lost their law suit against the Toll Road. And then on this agenda there is new litigation involving Clark Hampton and Kristen Vital [see CLOSED SESSION Exhibit A-2]

The District filed a very poor law suit - 

 

Toll Road Facts from the DIstrict Web Site

5/31/19: An Update on Litigation Regarding the Oso Parkway Bridge:

"The Court of Appeal denied CUSD’s legal challenge of the County of Orange’s approval of the Oso Parkway Bridge Project.  This project is a collaboration between the County of Orange and CalTrans, funded by TCA, the agency which operates the 241 toll road. The District is understandably disappointed and disagrees with the result.

In December 2017, the District initiated litigation to compel the County, TCA, and CalTrans to follow environmental law and provide air quality, traffic, and noise mitigation for Tesoro High School and Esencia Elementary School arising from the increased traffic and the potential that tolls would be applied to Los Patrones Parkway.  In discussions before our lawsuit, the County declined to consider any of CUSD’s proposed mitigation measures to the Oso Parkway Bridge project (e.g. sound/air quality walls, air filters, sound attenuating windows, connector road/signal).

The next step would be for CUSD to bring a costly petition to the California Supreme Court for review; however, the CUSD Board of Trustees determined that further legal expenditures is not in the best interest of students.  We will continue to monitor these projects and the continuing efforts of the County of Orange, TCA, and CalTrans."

CUSDWatch Comment

If CUSD had read the EIR they would know that it was the DIstrict that was "responsible" to follow environmental law and provide air quality, traffic, and noise mitigation for Tesoro High School arising from the increased traffic and the potential that tolls would be applied to Los Patrones Parkway.

CUSD ignored that "responsibility", and knowingly and intentionally ignored the health risks to their own staff and students.

The proper law suit was an action to Quiet Title on Tesoro High School Property. Rancho Mission Viejo lost track of its parcels and transferred school district property (property the Ranch did not own) into the right of way for the Oso Bridge Project, the Oso Bridge Gap closure project and the Tesoro Extension of the 241 from Oso south via Los Patrones. 

The Ranch violated the Sub Division Map Act.

CUSD is knowingly, and intentionally allowing water to be diverted onto school district property and underneath the school. They continue to show callous disregard for the health and safety of Tesoro staff and students.

see: October 28, 2017  Emergency Request: Williams Complaint against the Capistrano Unified School District for allowing a Toll Road to be built less than 100' from Tesoro High School. 

See: January 29, 2019   Complaint to Department of Real Estate: Violation of the Subdivision Map Act

See: February 13, 2019 Alleged Violation of Section 404 of the Clean Water Act / Construction of SR-241 without a valid CEQA or NEPA review: Canada Chiquita Channel (L06) which flows into San Juan Creek (L01) Watershed

See:March 8, 2019 Construction of the Tesoro Extension of SR-241 from Oso Parkway to the San Diego/ Orange County Line without a valid CEQA or NEPA review

See: March 8, 2019:                1) Construction of the Tesoro Extension of SR-241 from Oso Parkway to the San Diego/ Orange County Line without a valid CEQA or NEPA review

2) Re: Request for Investigation of the TCA, the County of Orange, Rancho Mission Viejo, the San Diego Water Board and the Capistrano Unified School District for Collusion and Criminal Fraud.

April 28, 2019 Correspondance with US Army Corps of Engineers

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