CUSD Board Meeting, June 25, 2007

Summary Δ


Developer Fees Increased
Approved an increase in residential new construction fees between 89.7% and 279% (see item #14)

Special Ed Defense Funds
$50,000 going to fight Special Education families instead of serving the students. (See item #11)

LFMS Portables to SCHS
Las Flores is getting new music buildings and the current portables are being moved to SCHS to replace the coaches’ buildings. (See item# 21)

Gym/Pool Building at SCHS
The gym/pool building is approved at SCHS.  (See item #34)

Staff Fabricates Facts
Staff appears to make up facts as they go, when addressing the Board, to support items they want passed. (See item # 34)

Competitive Bidding
CUSD has new contractors after many years with the same businesses. (See notes)

Conflict of Interest Policy
Conflict of Interest policy made more restrictive. (see item #43)
Hiring and Placement of Relatives made a little more restrictive. (See item #44)

Vehicle Use Policy
District Vehicle can no longer be used for personal use. (See item #45

Teamsters Raise
Teamsters raise totals $1.1 million over 2 years-Students need a bargaining unit. (See item #48)

Categorical Money Redirected
Categorical money transferred from intended programs to transportation and Special Education. (See Item #49)

Budget Increases Class Sizes and Cuts at Schools
Class size increased, custodians cut at the high schools, loss of one assistant principal at each high school and .5 assistant principal at each middle school, one classified position lost at every school. (See item #50)

Conflicting Statements by Board and Staff
Staff and board member made conflicting statements. (See opening statement and item #34) 

 

Memorable Comments Δ


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Anna Bryson supported her vote for the teamsters salary increase, of $1.1 million over 2 years, by stating that CUSD does not have a superintendent and the money we are saving is more than enough to cover the increase. (This leads one to question -- whether, in Bryson's mind, the plan is to not hire a superintendent in an effort to balance the budget and whether the new superintendent, when hired, will get a hefty salary increase?)

Anna Bryson, when supporting her vote to pass the budget that increases class size (thus reducing the number of teachers on each campus), cuts custodial staff at the high schools, reduces assistant principals and cuts classified positions at the district and sites, stated she hopes staff will fix it and put the teachers and custodians back at the schools once the State finalizes their budget.  Apparently, Ms. Bryson hasn’t learned what the parents know. Once cuts are made, the services NEVER come back to the schools or students.

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Draper stated they must stop the deficit spending.  It’s like she just learned a new word after 18 ½ years on the board.




Board Briefs Δ

 
Mike Darnold was absent from the meeting

Sheila Benecke opened the meeting by announcing that a new student board representative had been selected out of eleven excellent candidates.  The student is from San Clemente High School.  This announcement conflicts Marlene Draper's announcement at the CUCPTSA meeting on June 11th that they were having a difficult time finding students willing to apply.

#14 Developer Fees Δ


Public hearing - Currently developer fees for residential properties is $2.63 per square foot.  The board approved increasing the fees on new construction to $4.99, provided the state is matching school construction funds at 50%.  If the State Allocation Board stops providing matching fund for school construction, the fee will increase to $9.97 per square foot.

Example:

Currently a 2500 square foot house has school fees of 2500 x $2.63=$6,575

Under alternative 2 the fee will be 2500 x $4.99=$12,475 (89.7% increase)

Under alternative 3 the fee will be 2500 x $9.97=$24,925 (279% increase)

Draper and Benecke were concerned that the district must have the revenue to build new schools.

Christensen and Addonizio felt this could impact the ability of people to afford houses, especially young people and could have a negative impact on the economy of the entire area, especially given the slow down in the housing market.

Passed 4/2

#42 Lot Line Adjustment  Δ


Public Hearing

Passed 6/0

Again, multiple consent calendar items were pulled for discussion.

#1 Minutes Corrected Δ


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Pulled by Addonizio to correct the minutes to read that the vote on the Tentative Final Budget was passed 6/1 not 6/0 as Addonizio voted no due to the cuts being made to the school sites and the increase in class size.



#4 Special Ed Δ


Pulled by audience member Ron Lackey Special Education.

Passed 6/0

#11 Legal Fees Δ


Pulled by audience member Ron Lackey.  He questioned the payment of $50,000 to The Law Office of Caroline A Zuk.  She is hired to represent the District in opposing Special Education families.  He felt the money would be better spent serving the children.  CUSD is 5th in the state in number of claims fighting Special Education families.

#15 Contractor Licensing Δ


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Pulled by Addonizio to confirm that Hendrix California School Construction Services has the proper licensing.  Eric Hall stated they are properly licensed.




#16 Term of Contractor Agmts Δ


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Pulled by Christensen as the contracts are for 2 firms at 3 years.  Christensen proposed a change stating that since these are new firms, they should be 1-year contracts, and per Education Code (the code that mandates almost all action a school district can take) these contracts can be renewed each year for 4 years.  Pricing will not be impacted by this change.  15 proposals were received, 6 firms were interviewed and 2 companies were selected.

#18 Staff Creates Crises Δ


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Pulled by Christensen as an example that the contract is due to expire in 5 days and it is being brought before the board at such a late date they are left with no option but to approve the contract.



#21 LFMS Portables to SCHS Δ


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Pulled by Addonizio for clarification.  Two portables built in 1992 are being moved from Las Flores to San Clemente HS to replace the coaches’ buildings that were built sometime in the 1970’s.  Las Flores will get two new music buildings.



#22 Asphalt Contractor Δ


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Pulled by Addonizio to discuss the math on the contract awarded to Hardy and Harper for asphalt work.  Hardy and Harper has a lower start up fee but higher per square foot (unit) prices.  On may projects, H&H would have the highest prices.  Eric Hall stated the majority of work CUSD will need is included at the line item for slurry, showing the lower rate of $.35 per square foot (someone should keep track of this as seeing is believing).

#9 Salary Matrix Clarification Δ


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Pulled by Bryson out of order and after the vote to approve.  She wanted clarification on a salary matrix that appeared incorrect.  The table will be checked and the information will be sent to Ms. Bryson.



#29 SJHHS AV Equipment Δ


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Pulled by Christensen $300,000 for audiovisual equipment for SJHHS (San Juan Hills High School).




#30 SJHHS Musical Instruments Δ


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Pulled by Christensen $300,000 for musical instruments for SJHHS.





#31 SJHHS Weight Equip Δ


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Pulled by Christensen $100,000 for weight room equipment for SJHHS





#29, 30 and 31 SJHHS Spending Δ


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Pulled by Christensen for the same reason and discussed together.  Christensen felt that since the school will open with fewer than 600 students and all freshmen, we should think about how much we are spending at this one school and look for other ways to meet the needs of the students.  Eric Hall stated though the school was downsized, the state provided funding and in the event of an audit we would need to show that the money had actually been spent at the school.  After much discussion it was finally acknowledged that the state money has been spent at the school and other district funds have augmented the funds spent at SJHHS.

Eventually it was explained that the items listed in the agenda are bid prices that can be used to purchase equipment for any school.  (This item was discussed for a long time and as an observer one could see the stories being concocted and changed as the discussion progressed.  In the end it was difficult to know the truth).

#34 SCHS Wrestling Room Δ


Pulled by an audience member to thank the board for the wrestling room.  (This is the same project that was approved only to obtain bids to see what the cost would be and suddenly it is being approved under the consent calendar).

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Bryson stated a wrestling event at SCHS was the first event she attended and she is thrilled they are getting one.  Addonizio requested that this item be held until the district needs assessment is presented to the board in August 2007.  It would be important to know what all the needs of the district and each site are so that the limited funds can be best spent on the greatest needs.  Eric Hall stated that it is difficult to say if the needs assessment would be completed by August and that there is great momentum for this project. (Is that what it takes to get projects done in CUSD, momentum?).  The statement by Hall conflicts with his presentation at the 6/4/07 meeting where he stated a needs assessment would be brought to the board in August. (See item #40 from the 6/4/07 meeting under the note section below).

#37 Tesoro Shade Structures  Δ


Pulled by the audience to request Tesoro considered for shade structures, as the students have nowhere to sit out of the sun.  The speaker presented photos of various schools with adequate shade, including Aliso Viejo HS, which was build with the same plan.

#38  Δ


Passed 4/2
- Christensen and Addonizio voted no

#39 Classified Layoffs Δ


Two speakers.  Each stated that CUSD is laying off the Classified Employee of the Year.  Employees are currently working at their maximum and once the reductions are in place, parents should be notified that the service to students will be diminished.  Draper stated it is unfortunate.

Passed 4/2 - Christensen and Addonizio voted no

#40 Δ


Passed 4/2 - Christensen and Addonizio voted no


#38, 39 and 40 Resignations, Terminations, Employment Δ


Resignations/terminations/employment were pulled by Addonizio to discuss after the budget discussion, as they pertain to the budget. All votes were held until after the budget passed 4/2.

#43 Conflicts Policy Δ


2nd reading of board policy 9270, Conflict of Interest.  There was a great deal of discussion on this item.  Addonizio and Christensen pushed for a restrictive policy and Draper and Benecke did not like the restrictions.  The board finally adopted a policy that restricts CUSD contracting with companies that employ family members of CUSD employees.  Contracting companies must disclose to CUSD if their employees are related to anyone employed by CUSD.  Board members must disclose if they have a remote financial interest or any family member has a management position in a company seeking business with CUSD and then the board must vote to determine if they should enter into the contract.  All in all a very confusing discussion and we’ll have to see the final policy when it is posted to the website.
Passed 6/0

#44 Hiring Relatives Δ


Hiring and Placement of Relatives adopted with minor changes.
Passed 6/0

#45 Vehicle Use Δ


New policy outlining the use of District Vehicles.  District vehicles may not be used to commute between home and work.  All district vehicles are to remain on CUSD property when not being used for district business.
Passed 6/0

#46 Purchasing policy Δ


Purchasing policy ties up a few loose ends and outlines who can authorize purchases and states all approved purchase orders are to be recorded in the minutes.

#47 Competitive Bidding Δ


Policy change to Bids. This is another policy that we will have to wait and see how the final product reads, once it is posted to the website.

#48 Teamsters Raises Δ


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Teamsters raises total $1.1 million over 2 years.  Christensen and Addonizio would like to hold off on approving this until a superintendent is hired and the District can get a good handle on the budget.  Christensen does not believe people want to get a raise only to lose their job due to layoffs. (Like what has happened to the classified employees and the reduction of teachers due to increased class size).  Neither, Addonizio or Christensen believe CUSD has a sound budget at this time.  Bryson stated we don’t have a superintendent and with what we are saving in salary, is more than enough to cover the raise.  (1/2 of $1.1 million is $550,000.  If CUSD goes one year without a superintendent CUSD won’t save enough to pay for ½ of the first year raise.---Not sure what this statement was really about).  Hall stated we have enough set aside in the budget to cover the raises.  Draper wants us to treat all our bargaining units the same.  (Too bad the students don’t have a bargaining unit).
Passed 4/2

#49 Block Grants Δ


Approval of Block Grant Flexibility Transfer - Transfer of categorical money allocated to SLIP (15%), Professional Development (15%), Targeted Instructions Improvement (15%), GATE (10%), Peer Assistance (10%) to Transportation and Special Education. 
Passed 6/0

#50 Final Budget  Δ


Hearing - The budget was presented with no changes since the tentative final budget was approved 6/1 on 6/4/07.

Four speakers:

One who stated that this is the 4th class size increase she has addressed the board about and that each time CUSD is faced with financial difficulties they balance the budget on the back of the students.  She listened to several of the trustees talk about treating everyone the same, when they were discussing the employee raises but they are not treating the students the same as the employees.  Once the cuts are made they never go back, in the good years, and lower the class size or add back in staff.

Another speaker asked the board to reconsider the budget as the cuts will be devastating to the schools and students.  Class sizes have been increased 4 times since 1998, custodial staff has been cut to the level that they can’t keep up with the needs, assistant principals help keep students safe on campus and campus supervisors are must of schools filled with 2,700 to 3,200 teenagers.

Still another speaker reminded the trustees that two of them had been involved in a prior Grand Jury investigation, Marlene Draper as a board member and Sheila Benecke as the chairman of the PAC for Measure A.  It was the actions CUSD took while promoting that campaign that got CUSD investigated the first time.

The trustees were reminded by all speakers that they are here to serve the students and the cuts in the budget diminish the education and create increased safety risks.

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Christensen stated he had many problems with the budget, as he cannot tolerate cuts to the classrooms.  He stated we must correct our mistakes before they become the standard.  He listed several problems including custodial cuts as there are not enough currently, increase in class size as the classrooms are already too crowded, cuts to the college and career planning, loss of one assistant principal, as that is a safety issue.  “With this budget students are losing and we are here for the students.”  He believes the county will give us an extension on the budget deadline.

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Addonizio echoed Christensen’s concerns and read an email in which she had requested staff bring forward alternatives to the cuts being proposed at the school sites.  To date, she had not received any response either verbal or written.  She acknowledged that the staff had worked hard, but they need to find another way to balance the budget without so drastically impacting the students.  She sated that everyone got a raise and now the students will suffer.

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Draper stated they must stop the deficit spending (actually it’s like she learned a new word as she said this a lot lately---never heard her say it before.  In fact Sheila has given this we must make cut to stop deficit spending, speech recently.  Seems they both learned a new word).  Draper is sad about the impact on employees and the sites.  She asked for clarification that a budget must be adopted by 7/1/07 and was told yes, per Education Code.  The penalty is that State monies will not be made available to the District and they will not be able to pay their bill. (Right, the county will allow that to happen because a district with no superintendent is a few days late with paperwork, next will be buying swamp land).

Stiff spoke for the first time in several meeting to say that the final budget is not the final budget.  It will come back to the board again once the State passes a budget.  He thinks it is terrible that we are down to one locksmith as that is a security issue.

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Bryson believes it is a students’ fundamental right to have a quality education and a clean environment, including restrooms.  She does not believe that classrooms with 42 students offers a quality education.  She believe no school should have restrooms that students won’t enter and she know a friend’s child would not enter the restrooms at Dana HS.  She will approve the budget and hopes that later they will fix the class size problem and the custodian shortage.

Sherine Smith confirmed for Ms. Bryson that the number of students per class is limited only by the space available.  Ms. Bryson asked if it was possible to have classes with 42 or more students and Smith stated yes.

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Sheila stated at the end of the item discussion, that in 1991 she was a volunteer and listed many things she did but apparently forgot her role as the PAC chairman. (Seems she was upset about being mentioned in regards to the 1991 Grand Jury investigations.  It appeared she was more concerned about that then the budget cuts to the schools).

A district report presented to the board, when discussing cuts in April 2006, listed six pages of possible cuts.  They were listed as Do-Able, Manageable, Painful and Draconian.  It has been stated over and over that the financial problems in CUSD are due to the board not making the necessary cuts in the past.  While it may be true that they did not make all the cuts needed, they did make many cuts that have directly and negativity impacted the students.  Below are some, but by no means all of the prior and current cuts.

2006 Cuts:

Reduce grounds staff 5%,
painful cut- -School grounds would not be maintained at acceptable standards, greatly impacting the “curb appeal “ of our schools.

Reduce custodial staff 5%,
painful cut- -Schools would not be maintained and cleaned as frequently, potentially causing health and safety issues.

Delay opening of SJHHS until 2007/08-
draconian cut- Deferring opening would result in the enrollments at all of our high schools to be well over 3000 students each.  It would be difficult to accommodate these enrollments at our schools because of the lack of space for portable buildings.

Eliminate high school locker room attendants-
painful cut-The elimination of locker room attendants would create safety and health issues.  In addition to supervising and maintaining the locker room, the attendants check equipment to ensure it is safe to use, support the athletic programs and assist coaches with equipment check-out and maintenance.  The elimination of locker room attendants would place a further burden on coaches and custodians.

Reduction of overtime-
manageable cut- the majority of District’s overtime costs are for custodial, Maintenance and Operations and Transportation personnel.  A reduction in overtime would result in diminished service to school sites. Particularly during exigent circumstances.

2007 Cuts:

Reduce grounds staff additional 5%,
draconian cut - School grounds would not be maintained at acceptable standards, greatly impacting the “curb appeal “ of our schools causing safety issues.

Reduce custodial staff 5%,
draconian cut - Basic activities such as emptying wastebaskets, sweeping classrooms and cleaning bathrooms would not be done on a daily basis.  Schools would not be maintained and cleaned at current standards, potentially causing health and safety issues.

Increase class size,
draconian cut - Class sizes are already too large.  Teachers would have to devote more time and attention to classroom management and would be unable to give timely feedback on assignments because they have so many to grade.  In some cases, class sizes would be so large that it would be difficult to squeeze all of the students into the classroom.

Reduction of classified personnel at each site ($55,000)
Close/Consolidate Small School, painful cut - Students would be relocated to a school in an adjacent area causing a potential disruption to their lives.  Transportation costs would increase.  Principals would have to be reassigned.

Eliminate some bus service,
draconian cut - Would impose a major hardship on students using bus service, especially many of the most economically deprived students.  Would also aggravate already difficult traffic situations, creating gridlock conditions at many schools at both opening and closing times for schools.

#51 Capital Facilities Δ


Capital Facilities - Source and Use. Held over to the next meeting

 

Public Comment Δ

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Sheila Benecke announced a change to the way public comments would be heard.  Public Comments will be moved to the beginning of the meeting, but according to board policy only 20 minutes will be allotted.  If there are additional speakers requesting to speak after 20 minutes, they will be heard at the end of the agenda.

One speaker pointed out that the district is cutting critical positions at the schools and keeping 13 district office positions which pay in excess of $110,000.

Several speakers from Laguna Niguel thanked the board for the excellent programs offered such as Destination Imagination, LA Marathon.  A student from ANHS spoke and listed all his accomplishments and thanked the board for his excellent educational experience.

One woman pledged to help in the schools, but pointed out the she is a parent that is not part of any group and the small number of divisive community members Sheila and some of the other board members speak of is not small at all.  She is willing to commit her time when the leaders are trustworthy.

Barb Shangraw made a presentation to the board that CUSD parents contributed over 600,000 volunteer hours to the schools.  The hours are valued at over $4 million, based on minimum wage.

The last two speakers were moved to the end of the meeting.

Both speakers addressed the issue of the Ladera Ranch teacher dismissed by the principal.  One speaker discussed concerns about Lois Anderson breaching a confidential conversation.  The parent was assured confidentially of their talk; the parent went on to state the principal was told of their conversation and told the parent she knew about it .  This is the same principal that nine speaks told the board on 6/4/07 was retaliatory.  One of the speakers stated that the small divisive group Sheila Benecke and others speak about is sitting at that table and she pointed to the table where staff members were sitting.

 

Notes Δ


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Superintendent Selection Committee
At the June 4, 2007 board meeting Board President, Sheila Benecke, announced that the board appointed Anna Bryson, Ellen Addonizio and Sheila Benecke, with Marlene Draper, as an alternate, to begin a new search for an interim Superintendent.  Due to missing the first interview, Anna Bryson was replaced on the committee by Marlene Draper.  Thus, Sheila and Marlene again hold the majority in another critical decision, that is, the selection of candidates to be brought before the full board for employment consideration.

District Wide Facilities Master Plan
(#40 from the 6/4/07 board briefs) - This is a long range, comprehensive plan.  Hall recommends collaboration with parents, staff, and community.   
The needs assessment will be brought to the board in August and the entire process will take approximately 6-8 months.  The demographic study is being worked on now and staff wants to run it by the superintendent prior to the board (so we will first need to work on hiring a superintendent).  Currently the district has to:

Architectural Firms
Hire 3 architectural firms to work on site needs assessments (the three firms have divided up the schools).  These meeting have already occurred.

Demographic Study
Complete a demographic study and look at when students move to and from private schools, interdistrict transfers, intradistrict transfers, charter schools, and growth.  Must also consider the Ranch development.

Source and Use of Funds
Obtain source and use for all finds.  CUSD has 13 mello roos districts, in addition to redevelopment funds.  The source of all district funds needs to be incorporated into one document.  (Too bad they already spent most of the money from these funds on the new district office, Arroyo Vista and San Juan Hills High School

Needs priority could be:
Health and safety, code, restrooms, roof improvement
New construction for growth
Facility infrastructure such as a theatre
Enhancement not included in 1-3

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Bryson thanked staff and recommended a study session to go over all information. Draper was please to see a plan. (After 19 years on the board this is a new concept to her?)



Competitive Bidding

After years with the same contractors has CUSD discovered the practice of true competitive bidding? New contactors have been awarded  business.  Odd, and  one must wonder, “What changed?”  Perhaps Mr. Doomey and Mr. Crawford’s departure from the district?

Environmental Firm
Environmental Firm awarded to The Planning Center and UltraSystems after approximately 26 years with Culbertson, Adams and Associates.

Painting Contractor
Painting contract was awarded to Prime Paint Contractors, Inc. after 7 years with Patterson Painting.

Plumbing Contractor
Plumbing contract was awarded to Pacific Plumbing Company after 21 years with Montano Plumbing.