CUSDWatch: December 6, 2017 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.

BLUE CARDS should be pulled on the following Items for the reasons stated below:

Business and Support Services: Agenda Items #9, #10, #14

CONTRACTS WITH ALL EMPLOYEE GROUPS REMAIN UNSETTLED

CUSD has the largest class sizes in the state.

CUSD facilities need $186,500 million in "EMERGENCY" repairs. Repairs that threaten the health and safety of staff and students

CUSD no longer provides District Funded Art- Music- Science, nor does CUSD provide students with the State Mandated minimum PE requirement.

CUSD Staff made the unilateral decision not to fund GATE or to provide differentiated learning for high achieving students in the district.

CUSD Teachers are threatening to strike despite the fact that CUSD has provided ALL employees with 4 consecutive years of across the board compensation increases totally over $120 million dollars.

BUSINESS AND SUPPORT SERVICES DIVISION

Clark Hampton, Deputy Superintendent Business and Support Services

Phone: 234-9211

Susan Baeza, Executive Secretary

Compensation has increased by $61,489.40 in 4 years ($197,228.00 to $258,717.40)

Clark Hampton makes $11,420.57 per year less than the Governor of the entire State of California.

2016

2015

2014

2013

The Governor of the State of California makes $270,132.97 Clark Makes $258,712.40

Superintendent Kristen Vital makes $108,552.43 MORE than the Governor of the entire State of California

DEPARTMENTS:

Fiscal Services: Philippa Geiger, Assistant Superintendent

2016 $180,668.40

Food and Nutrition: Kristin Hilleman, Director Phone (949) 234-501

2016 No information on Transparent California

Purchasing/Print Services/Warehouse: Lynh N. Rust, Executive Director Phone (949) 234-9436

2016 $156,978.40

Technology Information Services: Jeremy Davis, Chief Technology Officer Phone 234-9474

2016 $174,363.70

Transportation: Caros Chicas, Director Phone 234-9920

2016 $164,766.70

Facilities Planning, Construction, Maintenance & Operations: John Forney, Chief Facilities Officer Phone 234-9543

2016 $164,024.40

Agenda Item #9 DONATION OF FUNDS AND EQUIPMENT page 36

Total Donations $340,628.35

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Board Audio:

BLUE CARD On January 26, 2016 I presented the CUSD BOT with a presentation entitled to "Fundraising for Core Educational Programs" and asked that CUSD meet it's statutory and constitutional obligation to fund all Core Educational programs as identified in Education Code Section 51210 and 51220.

While the lawsuit that is the subject of Closed session item B-1 Cal200 v Apple Valley USD ,et al only pertains to PE - this lawsuit should be expanded to include Art - Music - and Science, core educational programs that CUSD no longer funds.

CUSD relies on fundraising and donations to pay for Art - Music - Science and now PE.

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".

Taxpayers within CUSD should expand this lawsuit to include art - music and science.

The law suit should not be limited to PE.

See Law Suit on Closed Session:

Agenda Item #B Cal200 v Apple Valley USD et al

Fundraising for Art

Ambuehl Elementary $4,000 Art Program (Not Identified?)

Bathgate Elementary School $2,148.99 Meet the Masters

Don Juan Avila $7,453.00 Art Program (Not Identified?)

Marrion Bergeson Elementary School $2,268.00 Art Masters Program

Truman Benedict Elementary School $8,036.00 Art Masters Legacy

Vista del Mar Elementary School $3,322.42Meet the Masters

Fundraising for Music

Carl Hankey School $12,000.00 *This pays salaries of Block Music Teachers Employees of CUSD.

George White Elementary School $24,000.00 *This pays salaries of Block Music Teachers Employees of CUSD.

Oakgrove Elementary $5,792.16 Mind Music Program

Tiejeras Creek Elementary School $12,000 *This pays salaries of Block Music Teachers Employees of CUSD.

Truman Benedict Elementary School $12,000 *This pays salaries of Block Music Teachers Employees of CUSD.

Wagon Wheel Elementary School $1,322.00 Music Program (not identified?)

Wood Canyon Primary Music Program $12,000 *This pays salaries of Block Music Teachers Employees of CUSD.

Fundraising for Science Camp

Arroyo Vista Elementary School $28,909.50

San Juan Elementary School $36,090.00

Truman Benedict $1,500

Fundraising Renaissance Learning Program

Bathgate Elementary School $2,808.86

Fundraising for Instructional Assistants

Chaparral Elementary School $27,223.00

Tijeras Creek Elementary School $2,295.40

Fundraising for Technology

George White Elementary School Chromebook $2,666.30

San Clemente High School Technology Resources $48,000.00 *This was funded by the CUSD Foundation- how can they give to one high school and not all?

Fundraising for Brain Builders STEM Program

Moulton Elementary School $5,276.00

Fundraising for Tech Support - Houghton Mifflin

Oso Grande Elementary School $2,323.00

Fundraising for Librarian and STEM Lab

Oso Grande Elementary School $27,643.42

Fundraising for Librarian

San Juan Elementary School Librarian $8,000

Fundraising for Student Agendas

San Juan Elementary School $2,796.29

Agenda Item #10 PURCHASE ORDERS, COMMERCIAL WARRANTS AND PREVIOUSLY BOARD-APPROVED BIDS AND CONTRACTS: page 40

Purchase Orders: $3,117,482.66

Warrants: $14,249,506.96

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Board Audio:

BLUE CARD Some of these Payment may represent a misuse of Mello Roos Funds

SPENDING BY FUND

01 General Fund: $2,572,838.48

12 Child Development Fund: $443.00

13 Cafeteria Fund: $3,089.72

14 Deferred Maintenance: $11,364.98

23 GO Bond C- SFID $5,897.00

Patriot Environmental Laboratory Services: Asbestos - Lead Mold and Fungus

25 Capital Facilities: $8,134.00

40 Special Reserve Fund: $26,000

$25,000.00 School Facilities Consultants

$1,000 Burke Williams & Sorensen

89 CFD 90-2 Fund: $91,747.37

$6,960 US Bank

$3,000 Burke Williams & Sorensen

$81,787.37 CUSD

92 CFD 92-1 Fund: $1,500

$1,500 Burke Williams & Sorensen

93 CFD 2004- Bond FUnd: $1,500

$1,500 Burke Williams & Sorensen

95 CFD 98-1A Fund: $5,000

$2,000 Burke Williams & Sorensen

97 CFD 2005- Whispering Hills Fund: $2,000

$2,000 Burke Williams & Sorensen

98 CFD 98-2 Fund: $387,968.11

$1,500 Burke Williams & Sorensen

$384,218.11 CUSD Mello Roos

$2,250.00 Bondlogistix

TOTAL: $3,117,482.66

SPENDING BY SUB-FUND

SUBFUND 0101: $6,386,460.20

SUBFUND 0909: $62,372.18

SUBFUND 1212: $5,626.24

SUBFUND 1313: $74,839.65

SUBFUND 1414: $105,395.30

SUBFUND 2123: $3,217,096.38

SUBFUND 2525: $2,640,480.33

SUBFUND 4040: $41,792.95

SUBFUND 6768: $242,675.11

SUBFUND 6796: $4,052,121.58

SUBFUND 6770: $61,127.37

TOTAL: $14,249,506.96

Agenda Item #11 INDEPENDENT CONTRACTOR, PROFESSIONAL SERVICES, FIELD SERVICE AND MASTER CONTRACT AGREEMENTS: page 109

8 new agreements totaling $208,735

4 Amendments $350,500

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Board Audio:

NEW AGREEMENTS

USD School of Medicine

Contract not in Agenda

Provide speech and language protocols and provide prescriptions for occupational therapy and physical therapy Medi-Cal eligible services. Consult with staff on students with significant medical needs and make written recommendations for appropriate school setting placement

$20,000 funded by Special Education and MediCal

page 112

Thomas Kelly Software Assoc.

Provide supplemental educational services management software program

EZSES Saas to serve up to 350 students for the school year 2017-18

$3,500 funded by General Fund (should this be Special Education Fund?)

page 114

Reach Professional In-Home Tutoring

Provide one-on-one tutoring for District students - AP/College Prep Classes Title I students

$50,000 funded by Title I Funds

page 116

Shane Verna dba Brain Builders STEM Education Inc

Provide instruction in Engineering, including applied Math Common Core State standards and NGSS Science standards for 600 students at Moulton Elementary School

$26,000 Funded with Gift Funds

EQUITY?

page 118

Merit J. Whitney

Bus Driver/Staff Training and Record Compliance

$15,000 Funded from the General Fund (Should this be Special Education Funding)

page 120

All Source Recruiting dba Ador Health Solutions

Provide substitute/temporary staff to cover speech services, physical therapy, and occupational therapy staff for District students

$70,000 Funded by Special Education Funds

page 132

Bernadette M Kennard dba Trivinity Consulting

Provide speech and language therapy along with AAC assessments to District students

$15,000 Funded by Special Education Funds

page 135

Dennis Patrick Hanna

Provide semi-annual testing for AHERA (Asbestos) periodic surveillance at various sites

$9,235.00 Funded by the General Fund

AMENDMENTS

School Facility Consultants

Extend Contract to 1-22-19

$71,000 Funded by Developer Fees

Rockstar Recruiting

Increase contract amount from $30,000 to $180,000

Funding Special Education

Professional Tutors of America

Add services and increase contract amount from $50,000 to $200,500.00

Services Added: Behavioral Intervention - Counseling and Guidance- Language Speech Dev & Remediation - Occupational Therapy - Vocational Education and Career Development - Comp Education/Academic Tutoring - Academic Achievement Test

$150,500 funded by Indian Education Grant, General Fund and Special Education

Providence Speech and Hearing

Increase contract amount from $60,000 to $110,000

Provide speech and language services to district students

$50,00 Funded by Special Education Funds

RETIREMENT INCENTIVES FOR CLASSIFIED NON-MANAGEMENT TEAMSTERS

AGENDA ITEM #12 RESOLUTION NO. 1718-29, RETIREMENT INCENTIVE FOR CLASSIFIED NON-MANAGEMENT TEAMSTERS 952 EMPLOYEES: page 205

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Board Audio:

Approval 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.

A Comment From a Reliable Source:

Early retirement is a bad description of what this is - it is an incentive to leave early.

The cost of that incentive is supposed to be less then keeping them on the job for another year (or years).

CUSD is trying to reduce costs.

The same incentive to leave was offered to teachers

CUEA didn't disclose this incentive to their membership.

CUSD and CUEA are at an impasse.

If CUSD offers the incentive to one group it is required to offer it to all employee groups because of parity provisions of each contract.

CUSD is moving forward with Teamsters, who have settled their contract-in-main with CUSD.

AGENDA ITEM #13 FINAL ACCEPTANCE AND FILING OF NOTICE OF COMPLETION FOR BID NO. 1718-07, CROWN VALLEY ELEMENTARY SCHOOL PORTABLE CLASSROOMS AND RESTROOM – R. JENSEN CO., INC.: page 233

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Board Audio:

Construction work on the Crown Valley Elementary School Portable Classrooms and Restroom Project have been completed.

The Total Cost of the Project was $319,068.92 and was funded through the Capital Facilities Fund.

The Board is being asked to approve the Final Acceptance and Filing of Notice of Completion for Bid No. 1718-07 awarded to R. Jensen Co.

RED FLAG Appears to be another misuse of Talega CFD-92 funds

AGENDA ITEM #14 AWARD BID NO. 1718-12, SAN CLEMENTE HIGH SCHOOL UPPER CAMPUS DEMOLITION – STANDARD INDUSTRIES, INCORPORATED: page 236

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Board Audio:

BLUE CARD 1) Why there are any funds from Talega CFD being utilized any further since the district board passed its resolution in August 2016 on surplus Mello Roos and applying the surplus towards the bond debt at the end of each fiscal year (not including existing surplus special taxes in CFD accounts). 2) The $10M in surplus special taxes that had built up by CUSD’s practice of overtaxing Talega homeowners by $2.3 Million extra annually and the bond refi savings from 2006 that CUSD kept was spent on new classrooms/buildings at SCHS and SJHS. 3) If CUSD is true to its word and accountable to the taxpayers it would have no more surplus to be spending on this demolition project or other projects outside of the scope of CFD agreements. Use of Talega 90-2 surplus taxes however is not an authorized use of Talega’s Mello Roos under not only the law but also our formation and mitigation agreements. 4) One would think CUSD’s abuse of Mello Roos taxpayers would have subsided by now after new Mello Roos transparency and accountability law was implemented, the OC Grand Jury report that criticized agencies management of Mello Roos, our Talega community’s taxpayer advocacy as well as the advocacy of other CFD communities within CUSD that have stood up to CUSD’s abuse of power.

AGENDA ITEM #15 ALISO VIEJO COMMUNITY ASSOCIATION LIMITED USE AND MAINTENANCE AGREEMENT FOR WINTER 2018: page 267

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Board Audio:

This is a limited use maintenance agreement between the City of Aliso Viejo and CUSD for Foxborough Park adjacent to Aliso Niguel High School. The agreement terms are January, 15 2018 through May 11, 2018.

The Cost is $600.00 paid for out of Aliso Niguel High School Site Funds

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