August 23, 2017 CUSD Board Meeting - Report Out On Closed Session

August 23, 2017 Capistrano Unified Board of Trustees Meeting:

Report on Closed Session

RED FLAG FOR TAXPAYERS- More Land Deals Being Done

The Board Audio for this meeting finally posted on Friday September 9, 2017
CLOSED SESSION
The meeting opened at 4:35pm
Trustees recessed to closed session at 4:40 pm

ORAL COMMUNICATIONS
Board Audio at :32

CUSD's letter to the County re: Los Patrones Parkway Construction Project

Board Audio at 2:22

Board Audio at 3:01

Board Audio at 3:28

Prior to the August 23, 2017 BOT Meeting CUSDWatch published an article and background on these properties. This was sent to all Trustees. see: CUSDWatch:CUSD to Discuss Land Purchases and Sales in Closed Session at the August 23, 2017 BOT Meeting

August 23, 2017 Board Agenda There is no Item A-6 listed?
Board Audio at 7:48

Trustees voted 7-0 to approve Items A-1 to A-5
Item A-6???? Hummm- Does anyone see Agenda Item #A-6?

A-6 is Two Cases:

Esencia K-8 Land Purchase

This was s discussion of the $33.86 million dollar purchase of the Esencia School Site which is currently under investigation by the OC District Attorney for Land Fraud and Gifting of Public Assets. $2.4 million per acre for the 14.5 acres of dirt. The District agreed to value the land as if it had 100 homes on it.

Trustees did not report out on this item.

Toll Road near Tesoro High School

Agenda Item A-6 is the Toll Road and the fact that CUSD has allowed the road to be graded within 100' of Tesoro High School with NO PROTECTIVE BARRIER.

Board Audio at 8:28
Trustees voted 7-0- to authorize Legal Counsel to initiate litigation against the County of Orange and related respondents who are in violation of the California Environmental Quality Act.

Trustees did not report anything on the Escencia land Purchase.

There was no way for the Public to have known that CUSD was going to talk about the Toll Road at this meeting or the Escenia K-8 Land Purchase.

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Greg Merwin/Sara Young
Attorney - Ernest Bell
Significant Exposure to Litigation – Two Cases
OAH Case Number 2017040274
OAH Case Number 2017060240
(Pursuant to Government Code § 54956.9(d)(1))
Board Audio at 8:43
Trustees voted 7-0 to approve Items B-1 to B-5

C. LIABILITY CLAIMS
Clark Hampton Significant Exposure to Litigation - Two Cases
Rejection of Government Claim: No. ABI 1703799
(Pursuant to Subdivision (d) of Government Code § 54956.9, Paragraph (2) or(3))
Board Audio at 8:54
Trustees voted 7-0 to reject Government Claim No. ABI 1703799

D. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Gordon Amerson
One Case (Pursuant to Government Code § 54957)
Board Audio at 9:15
No Reportable Action

E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
District Negotiators: Kirsten M. Vital and Clark Hampton
Attorney: Stan Barankiewicz
Property: PA2 School Site APN: 755-301-37
Negotiating Party: RMV PA2 Development, LLC, a Delaware limited liability company Under Negotiation: Price (Pursuant to Education Code § 54956.8)
District Negotiators: Kirsten M. Vital and Clark Hampton
Attorney: Andreas Chialtas
Financial Advisor: Keith Weaver
Real Estate Consultant: George Peterson
Board Audio at 9:24
Trustees gave direction to Staff

F. CONFERENCE WITH LABOR NEGOTIATORS
District Negotiators: Kirsten M. Vital/Gordon Amerson/Clark Hampton
Attorney - Jonathan Pearl Employee Organizations:
1) Capistrano Unified Education Association (CUEA)
2) California School Employees Association (CSEA)
3) Teamsters
(Pursuant to Government Code § 54957.6)
Board Audio at 9:30
No Reportable Action

G. PUBLIC EMPLOYMENT AND EVALUATION OF PERFORMANCE
Superintendent (Pursuant to Government Code § 54957(b))
Board Audio at 9:35
No Reportable Action

At the September 9, 2017 CUSD will hold a Public Hearing re:

The South Transportation and Grounds Keeping Facility.

CUSD is doing the Public Hearing and the Resolution in a single meeting.
They are seeking a waiver from the competitive bidding process for the lease of district property.

Should the Public be Concerned?

February 22, 2017 BOT Meeting Agenda Item #9 page 250

Resolution 1617-50 states:

"Dana Point - South Transportation and Groundskeeping Facility

The District will preserve space on the south bus yard site for use by the Grounds and Transportation Departments for surplus storage and vehicle parking. Remaining space on the site will be made available for leasing of RV/boat storage. The District will make improvements to the site for the purpose of leasing space for storage. The District will also explore options for the long-term repurposing of the site. District staff will involve City staff in the course of moving forward with plans for this site."

Has CUSD involved the City of Dana Point in discussions of plans for this site? CUSD had stated that they were working with the City of Laguna Niguel on the Paseo Colinas property. A Public Record Request to the City of Laguna Niguel said that this was not true.

The Public concern is that the District is already in negotiations with particular parties for the sale of this property which may result in the gifting of Public assets based on presentations at a January Asset Management Planning Work Shop:
Documentation:
Board Workshop January 18, 2017 Asset Management Planning
Resolution No 1617-50 Asset Management Plan