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May 23, 2018 CUSD BOT Meeting - CONSENT CALENDAR

CONSENT CALENDAR

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.

Note: CUSD put the purchase of the Esencia School Site on the Consent Calendar without a price. The amount paid turned out to be $13 million more than previously disclosed because CUSD valued the land as if it had 100 homes on it. This resulted in the gifting of $13 million in taxpayer dollars to the Ranch and is the subject of a DA Investigation.

It is very important for tax payers to watch all Consent Calendar Items.

PUBLIC COMMENT is now limited to 5 minutes per speaker total no matter how many Items an individual speaker wishes to comment on. This is a NEW rule was put in place to limit Public scrutiny of the Consent Calendar.

 

 

AGENDA ITEMS #3 - #15 BUSINESS AND SUPPORT SERVICES

 

Agenda Item #3 DONATION OF FUNDS AND EQUIPMENT 

Total Donations $83,891.95

Board Agenda page 4

Board Audio: None

Donations of Funds: $356,739.48

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

See: Fundraising for Core Educational Programs

CUSD has a statutory and constitutional obligation to fund all Core Educational programs as identified in Education Code Section 51210 and 51220. 

Grade K-6

  • English
  • Mathematics
  • Social Sciences
  • Science
  • Visual and Performing Arts
  • Health
  • Physical Education

Grade 7-12

  • English
  • Social Sciences
  • Foreign Language
  • Physical Education
  • Science
  • Mathematics
  • Visual and Performing Arts
  • Applied ARts
  • CTE
  • Driver Education 

CUSD relies on fundraising and donations to pay for art - music and science- class size reduction- teachers salaries and release time- instructional aids - technology. 

THE ONLY THING CUSD PAYS FOR IS EMPLOYEE COMPENSATION

Using one-time money to pay for on-going core educational programs creates wealth based inequities within the district that violate the Civil rights of students. Students whose parents cannot fundraise for these programs go without. 

When parents are forced to fundraise for core educational programs that the district is constitutionally and statutorily obligated to provide (year after year... after year), it becomes a tax upon the public. A new tax for a service that the State/District is already constitutionally obligated to provide. Such taxation is a "Double Tax" and is "taxation without representation". 

Agenda Item #4 PURCHASE ORDERS, COMMERCIAL WARRANTS AND PREVIOUSLY BOARD-APPROVED BIDS AND CONTRACTS

Purchase Orders: $5,123,015.36

Warrants: $9,281,583.68

Attachment 3 is a list of previously Board-approved warrants, by vendor, exceeding $25,000 

Attachment 4 is a list of previously Board -approved warrants, by vendor that exceed $250,000

Board Agenda page 9

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

 

 

Agenda Item #5   INDEPENDENT CONTRACTOR, PROFESSIONAL SERVICES, FIELD SERVICE AND MASTER CONTRACT AGREEMENTS

41 new agreements totaling $5,110,656

9 Amendments $1,000.00

Board Agenda page 92

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITH A CORRECTION TO FSA 1718238 SASCO TO AMEND FUNDING SOURCE.

 

AGENDA ITEM #6 CHANGE ORDER NO. 2, BID NO. 1617-20, TESORO HIGH SCHOOL BUILDING D PROJECT

Board Agenda page 268

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

 

AGENDA ITEM #7 CHANGE ORDER NO. 3, BID NO. 1617-18, ESENCIA K-8 PROJECT

Board Agenda page 323

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

AGENDA ITEM #9  CHARTER FACILITIES AGREEMENT FOR 2018-2019 – ORANGE COUNTY ACADEMY OF SCIENCES AND ARTS 

Board Agenda page 365

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Approval of Charter Facilities Agreement with Orange County Academy of Sciences and Arts (OCASA) to enter into an in-lieu arrangement where OCASA will occupy the lower portion at Crown Valley Elementary School in the 2018-2019 school year. Terms of this agreement include the use of the space described and depicted in Exhibit A, for a one-year term of July 1, 2018 to June 30, 2019. The agreement has been reviewed and approved by the District’s legal counsel.

For the 2018-19 School Year OCASA will be charged no fees to remain on the Crown Valley campus. 

The cost to move OCASA to another facility well exceeds the fees that were waived in the proposed in-lieu agreement. 

CUSDWatch Comment

Oct 11, 2017 CUSD BOT Meeting Agenda Item #11

OCASA was paying  $6.62 per square foot under the old lease (a substantial premium to other charters)

License fee is calculated at $6.62 per square foot for 2880 sq. feet of usage. Usage Fee shall be $1,588.00 per month not to exceed $19,065.60 annually per proposal.

Research of Local Charters so far shows:

Scholarship Prep Santa Ana $1.25 per square foot

Scholarship Prep Oceanside $1.00 per square foot 

 

KYA GROUP

Sports Fields

AGENDA ITEM #10 STATE OF CALIFORNIA MULTIPLE AWARD SCHEDULE CONTRACT NO. 4-18-78-0089A, GENERAL SERVICES ADMINISTRATION SCHEDULE NO. GS-07F-5560P, PURCHASE, WARRANTY AND INSTALLATION OF SPORT FACILITY FLOORING – KYA SERVICES, LLC

Board Agenda page 400

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

JOHNSTONE SUPPLY

AGENDA ITEM #11 MA-080-16012279, AIR FILTERS AND RELATED SUPPLIES – PRITCHARD SUPPLY INC. DBA JOHNSTONE SUPPLY

Board Agenda page 403

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

JOHNSTONE SUPPLY

AGENDA ITEM #12 MA-080-17011831, HEATING, VENTILATION AND AIR CONDITIONING PARTS AND EQUIPMENT – PRITCHARD SUPPLY INC. DBA JOHNSTONE SUPPLY

Board Agenda page 406

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

 

AGENDA ITEM #13  RESOLUTION NO. 1718-51, EDUCATION PROTECTION ACT 

Total Funds: $9,390,082

Board Agenda page 409

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

The monies received from the Education Protection Account shall be spent as required by Article XIII, § 36 and the spending determinations on how the money will be spent shall be made in open session of a public meeting of the Capistrano Unified Board of Trustees

The monies received from the Education Protection Account shall not be used for salaries or benefits for administrators or any other administrative cost.

CUSDWatch Comment

CUSD does not State how the Money will be used.

 

AGENDA ITEM #14 REQUEST FOR ALLOWANCE OF ATTENDANCE DUE TO EMERGENCY CONDITIONS

Board Agenda page 413

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

The potential financial impact of recouping the average daily attendance for Aliso Niguel High School is estimated to be 10.76 ADA or $89,416.00.

On December 8, 2017, Aliso Niguel High School suffered a 47.99 percent material decrease in attendance.

The Orange County Sheriff’s Department increased its presence at Aliso Niguel High School on Friday, Dec. 8, in the wake of an anonymous threat of a planned shooting on campus.

See: Investigators attempting to determine source of shooting threat at Aliso Niguel High School

IT'S NOT FREE?

AGENDA ITEM #15  EXTENSION NO. 2 OF THE LICENSE AGREEMENT WITH YMCA OF ORANGE COUNTY AT CROWN VALLEY ELEMENTARY SCHOOL 

Board Agenda page 419

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

A License Agreement was approved on June 22, 2016 for a one year term with the YMCA to utilize the YMCA owned portables located at Crown Valley Elementary School (CVES). The CVES property is currently occupied by the Orange County Academy of Science and Arts (OCASA) public charter school which is using the property for their educational program. Because the YMCA is no longer operating a YMCA program at the site, the YMCA agrees to allow the District to offer the use of the portables to the charter school at the rate OCASA is currently paying per their agreement, $6.62 per square foot.

CUSDWatch Comment

A BLUE CARD should have been pulled.

This does not make sense when you look at it with Agenda Item #9. If OCASA is getting FREE Rent for 2018-19 then is CUSD paying the $6.62 to the YMCA? If so the fiscal impact to the district would be $19,065.60?

See: 

OCTOBER 11, 2017 CUSD BOT Meeting AGENDA ITEM #6 EXTENSION NO. 1 OF THE LICENSE AGREEMENT WITH YMCA OF ORANGE COUNTY AT CROWN VALLEY ELEMENTARY SCHOOL

 

 

AGENDA ITEMS #16-31 CURRICULUM & INSTRUCTION   

Agenda Item #16  MEMORANDUM OF UNDERSTANDING WITH WELLNESS AND PREVENTION CENTER

Board Agenda page 428

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

 

Agenda Item #17 SERVICE AGREEMENT - PARADIGM HEALTHCARE SERVICE, LLC

Board Agenda page 433

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #18 SCHOOL-BASED MEDI-CAL ADMINISTRATIVE ACTIVITIES PARTICIPATION AGREEMENT - ORANGE COUNTY SUPERINTENDENT OF SCHOOLS 

Board Agenda page 433

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #19  APPROVAL OF DIGITAL CURRICULUM SOLUTIONS WITH APEX LEARNING INCORPORATED 

Board Agenda page 481

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #20  ACKNOWLEDGEMENT OF SERVICES WITH BIG BROTHERS BIG SISTERS OF ORANGE COUNTY 2018-2019

Board Agenda page 486

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #21 CALIFORNIA INTERSCHOLASTIC FEDERATION REPRESENTATIVES

Board Agenda page 491

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

 

Agenda Item #22  BROADENING THE COURSE OF STUDY – NEW CAREER TECHNICAL EDUCATION COURSE, CAREER TECHNOLOGY INTRO

Board Agenda page 495

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #23 BROADENING THE COURSE OF STUDY – NEW CAREER TECHNICAL EDUCATION COURSE, CAREER TECHNOLOGY ADVANCED

Board Agenda page 503

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #24 AGREEMENT NO. 46030, FOR QUALITY RATING AND IMPROVEMENT SYSTEM EARLY EDUCATION PROGRAMS WITH THE ORANGE COUNTY SUPERINTENDENT OF SCHOOLS

Board Agenda page 511

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #25 RESOLUTION NO. 1718-52, DESIGNATED REPRESENTATIVES FOR SIGNATURE AND APPROVAL OF LOCAL AGREEMENT FOR CSPP-8336 WITH CALIFORNIA DEPARTMENT OF EDUCATION

Board Agenda page 550

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #26 AFFILIATION AGREEMENT WITH REGENTS OF THE UNIVERSITY OF CALIFORNIA ON BEHALF OF THE UNIVERSITY OF CALIFORNIA, IRVINE, DEPARTMENT OF OPHTHALMOLOGY

Board Agenda page 553

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #27  OUTDOOR SCIENCE SCHOOL CONTRACT - HIGH TRAILS OUTDOORS SCIENCE SCHOOL

Board Agenda page 567

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #28 AGREEMENT FOR ADDITIONAL SCHOOL PARTICIPATING IN INSIDE THE OUTDOORS’ SCHOOL PROGRAMS AGREEMENT NUMBER: #10004- 13

Board Agenda page 569

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #29 AGREEMENT WITH SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT BIOTECHNOLOGY COLLEGE AND CAREER ACCESS PATHWAYS

Board Agenda page 573

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

Agenda Item #30 2018-2019 LOCAL CONTROL ACCOUNTABILITY PLAN AND ANNUAL UPDATE

Board Agenda page 585

Board Audio: 4:37:00

THIS ITEM WAS PULLED BY TRUSTEE AMY HANACEK

Numbering is wrong page 9 #5 #6 #5 ?

Parents are asking questions about what CUSD is doing to really support the goals - lots of staff being added - but no reason how that helps meet educational goals.

Instead of referencing WIGS - we need to reference LCAP.

-0- dollars for bullying - yet this was a CUSD Goal? Hard to explain to the Public.

Other Districts are putting their fundraising dollars in their LCAP

Motion to Adopt the 2018-19 LCAP Trustee Reardon

Second by Trustee Amy Hanacek

Item passes 4-0-3 (Trustee Pritchard, Jones Holloway are absent)

CUSDWatch Comment

Why is the LCAP on the Consent Calendar?

NEVER NEVER NEVER! 

Comment by Superintendent Vital - CUSD is a low funded district - so LCAP money is used to pay basic expenses.

If CUSD has no money, why does CUSD continue to give employees annual compensation increases.

This is the 5th consecutive year of across the board compensation increases totaling over $150 million.

Why do Trustees continue to approve raises instead of meeting educational goals for students.

Agenda Item #31 NATIVE AMERICAN PARENT AND STUDENT COMMITTEE 2018-2019

Board Agenda page 696

Board Audio: None

THIS ITEM WAS PASSED ON THE CONSENT CALENDAR WITHOUT DISCUSSION

   

 

 

AGENDA ITEM #11 - 16 HUMAN RESOURCE SERVICES 

Agenda Item #11  RESIGNATIONS/ RETIREMENTS/EMPLOYMENT -CLASSIFIED EMPLOYEES:

Board Agenda page 355

Board Audio: Not Available Yet

Agenda Item #12  RESIGNATIONS/ RETIREMENTS/EMPLOYMENT -CERTIFICATED EMPLOYEES:

Board Agenda page 365

Board Audio: Not Available Yet

Agenda Item #13 ORANGE COUNTY DEPARTMENT OF EDUCATION SECOND QUARTER REPORT – WILLIAMS SETTLEMENT LEGISLATION

Board Agenda page 378

Board Audio: Not Available Yet

Agenda Item #14 AFFILIATION AGREEMENT FOR DIETETICS INTERNSHIP WITH IOWA STATE UNIVERSITY

Board Agenda page 381

Board Audio: Not Available Yet

Agenda Item #15 AFFILIATION AGREEMENT FOR DIETETICS INTERNSHIP WITH BOWLING GREEN STATE UNIVERSITY

Board Agenda page 389

Board Audio: Not Available Yet

TEAMSTERS

Agenda Item #16 PUBLIC AGENCY RETIREMENT SERVICES (PARS) SUPPLEMENTARY RETIREMENT PLAN FOR TEAMSTERS EMPLOYEES

Board Agenda page 395

Board Audio: Not Available Yet

On December 6, 2017 CUSD Trustees Approved of Resolution No. 1718-29 Retirement incentive designed to encourage senior Classified Non-Management Teamsters employees to retire early. 

The SRP would provide participating employees with a tax-qualified annuity based on total District contributions of 60 percent of their final year salary. This annuity is paid for by the District over a five-year period. The program requires all employees to resign from District employment at the end of the school year, no later than June 30, 2018. Approximately 43 employees are eligible for the offer.

18 Employees have accepted and the District is projected to save:

Year 1: $106,662

Over 3 years: $174,301

Over 5 Years: $72,015

Assuming 100% Full - Replacement of Positions.


1 CUSD Board of Trustees Meeting: Consent Calendar 

AGENDA ITEM #38 - #40 General Functions 

Agenda Item #38 School Board Minutes May 9, 2018

Board Agenda page 786

Board Audio: Not Available Yet

Agenda Item #39 School Board Minutes May 23, 2018

Board Agenda page 787

Board Audio: Not Available Yet

Agenda Item #40 School Board Minutes May 30, 2018

Board Agenda page 800

Board Audio: Not Available Yet