Chino Valley Unified Board of Education: May 21, 2020

The board met over Zoom during the COVID-19 school closure, with all five members present once the open session began, and every public comment arrived by email and was read into the record 12. The agenda cited the governor's March 17, 2020 executive order, under which, as the law firm Liebert Cassidy Whitmore summarized it, a board could meet remotely if it "allows members of the public to observe and address the meeting by telephone or some other electronic means" 34.

The board named three principals and a student board member, approved a charter school facilities agreement over Irene Hernandez-Blair's no vote, rejected ten claims tied mostly to a cancelled Ayala High School trip, and ratified agreements for a warehouse and a new district office 5267.

This page follows the board's signed minutes, which the board approved on June 4, 2020 as part of its consent calendar, with no amendment recorded 8. Names, motions and attributed remarks come from those minutes; recording quotes appear only where the minutes already give that subject to the speaker.

🏫 Charter school facilities agreement

Under Proposition 39, the district offered Allegiance STEAM Academy–Thrive (ASA) the former El Rancho ES site on March 31, 2020; ASA accepted, and its board signed off on May 4 9. The district charges a supervisorial oversight fee of 3% of ASA's revenue plus monthly utility costs over the one-year term 9.

Christina Gagnier moved approval and James Na seconded. Irene Hernandez-Blair voted no; Andrew Cruz, Gagnier, Na and Joe Schaffer voted yes 2. No emailed comments came in on the item, and no board discussion was heard before the roll call 1011. The board had renewed ASA's charter on February 6, 2020, for five years beginning July 1, 2020, and Hernandez-Blair voted no on that renewal as well 12.

👩‍🏫 Principals, a student member and Butterfield Ranch

Reporting out of closed session, the board appointed Denise Sunderland principal of Cal Aero K-8, Laurie Warner principal of Butterfield Ranch ES and Corinna Hathuc principal of Country Springs ES, all effective July 1, 2020 5. It also accepted a resignation agreement with a certificated employee 5.

• The Champion Newspapers reported that Sunderland, then Glenmeade Elementary's principal, would succeed Cal Aero's retiring principal 13.
• In February the Champion reported that Warner had taken over Butterfield Ranch after its principal was removed, and that a district spokesperson said she would serve only through that school year and "will not be hired as permanent for next school year" 14. The May 21 action made her principal from July 1 5.
• Emailed comments from Kevin Butscher, Mary Butscher, Richard Wales, and Faye Zhou regarding public employee discipline/dismissal/release were read before the closed session 1, and the minutes report no further action requiring public disclosure 5.
• Later, Na said there needs to be clarity about the Butterfield Ranch ES teachers who were released 15.

The board approved Justin Rendon of Don Lugo High School as its 2020/2021 student member, with the oath of office at a later date, on a motion by Na seconded by Hernandez-Blair 2.

💸 Claims over a cancelled Ayala High trip

Ten claims were on the Rejection of Claims item. Nine came from Ayala High School parents seeking refunds for a school-sponsored field trip the district cancelled because of the pandemic, together asking $40,575.53; the tenth sought unspecified damages for an injury alleged at a school site 1617. Emailed comments from Ron and Myrna Martin; Arthur and Tammie Famble; and Heather Zuhlke were read on the item, and the board rejected the claims and referred them to the district's insurance adjuster 7. The minutes record who wrote but not what they said.

🏗️ Facilities and contracts

The consent calendar was approved as amended on a motion by Gagnier, seconded by Na 2. Gagnier pulled two items and recused herself from both; each was then approved on a motion by Na, seconded by Hernandez-Blair, with Cruz, Hernandez-Blair, Na and Schaffer voting yes 1819. On the recording she said she is a shareholder in her firm, Carlton Fields, which had a conflict 2021. The two items:

• Contractor and consultant agreements, including a $611,546 First 5 San Bernardino agreement for Nurturing Parenting classes and case management, and increases to several special-education therapy contracts 2223.
• A Dell Financial Services lease-purchase of new server equipment, $455,193.75 from the General Fund, replacing five-year-old servers; the district had 35 physical servers deployed, and the memo favors centralizing them in the district office data center 2425.

Other facilities business:

• Warehouse and district office. The board ratified a joint occupancy agreement, ground lease and construction services agreement with Yorba XC, LLC and Xebec Building Company, Inc. 6. The memo describes a 300,000 square foot warehouse on the 13.75-acre Yorba Ave. property and a new 60,000 square foot district office on Ramona Ave., at the developer's cost 26. In April 2021 the San Bernardino County Sentinel reported that Yorba XC, not the district, was the project's applicant of record before the Chino Planning Commission 27.
• School security. The board awarded a $4,197,000 contract to Champion Electric for keyless access control, security cameras and intrusion alarms at Borba, Chaparral, Cortez, Dickey and Liberty elementary schools and Briggs and Cal Aero K-8 2829. The Champion reported that the first Measure G bond installment included safety and security measures at all district schools 30.
• Adult school parking lot. The board awarded the job to Premier Paving for $352,300 after the apparent low bidder was found non-responsive 631.
• Portable classrooms. The board rejected all four bids to refresh portables at Country Springs, Litel and Oak Ridge elementary schools, which staff found over budget, and authorized a re-bid 632. In June the Champion quoted assistant superintendent Greg Stachura saying the district had "temporarily shelved" those plans 30.
• Also on consent: a license for Spectrum Center, Inc. to run a nonpublic school in Alternative Education Center classrooms at $1,143.35 per classroom per month 1933; $8,312.50 in legal fees to The Tao Firm 3435; thirteen construction change orders 1928; and personnel items as amended, after four summer feeding program appointments were deleted 2.

🗣️ Public comment

On items not on the agenda, Kevin Butscher addressed the board regarding released teachers from Butterfield Ranch ES; and Kirk Salmon; Natalie Nielsen; Amy Zoque; Malia Kesler; Candice Palmer; Shannon Hoover; and Rebeca Garcia addressed it regarding CDC guidelines regarding COVID-19 2. The minutes give no content, and the recording reads each email under its writer's name, so this page does not summarize them.

💬 Board and superintendent communications

• Andrew Cruz spoke about CDC guidelines, keeping schools closed, seasonal influenza, at-risk populations and reopening, and read a parent statement about eliminating intervention services 7. On the recording he said there was "zero scientific evidence" for keeping schools closed or requiring masks in school 36.
• James Na spoke about the support a Chino Hills High School teacher has received from students, suggested everyone watch "American Experience - Influenza 1918," and asked Dr. Enfield to look into the concerns expressed by Ayala HS BAC boosters 715.
• Irene Hernandez-Blair said she was clear on what Dr. Enfield explained to the board in closed session, thanked staff, acknowledged Superintendent Enfield for stepping up "like no other could have done under the circumstances," and congratulated the class of 2020 15.
• Christina Gagnier recognized graduates and Chamber of Commerce Pitch competition finalists, spoke about misinformation about reopening, said the CDC reopening guidelines are not the same as mandates, and asked Superintendent Enfield to consult legal counsel about the Brown Act 15. On the recording she said "guidelines are just that they're guidelines" 37, that calling them mandates is "misinformation" 38, and that she wanted to be sure "we are not violating the Brown Act in any way" 39. PolitiFact, reviewing the CDC's May 19 school considerations on May 22, likewise noted: "These are not mandates." 40
• Superintendent Norm Enfield announced a June 2 budget study session on proposed cuts and a June 16 study session on reopening schools 15. On the recording he said the governor's May revision "indicated significant cuts to school districts" 41 and that no final reopening decision would come on June 16, with traditional schools opening August 10 4243.
• President Joe Schaffer said it is irresponsible for anyone on the board to say there is no risk to students returning to school, asking that words be chosen wisely 15. On the recording he added that zero risk "just has not been proven" 44.

🎓 Recognitions and employee groups

• Tim Adams of School Portraits by Adams Photography presented a $33,372.60 check for senior scholarships from the Julie Gobin Memorial Hit the Greens tournament 5.
• CSEA President Danny Hernandez postponed CSEA's Unsung Heroes recognition and wished Tom Mackessy a happy retirement; Mackessy (listed as A.C.T. President in these minutes, CHAMP President in February's) recognized teachers, administrators and students 4546.