June 3, 2021: Board Declines to Take Up Lifting the Mask Mandate, Clears the Environmental Step for Preserve School #2

President Joe Schaffer called the meeting to order at 4:30 p.m. with Don Bridge, Andrew Cruz, Christina Gagnier, James Na and Schaffer present, and reconvened in open session at 6:00 p.m. 1. A motion to put Cruz's request to lift the student and staff mask mandate on the agenda failed 2. The board adopted the environmental addendum and project approval for a second school in The Preserve 3, after Terry Tao of The Tao Firm presented the project's timeline and the status of the site acquisition 2. Hearings on the budget and the Local Control and Accountability Plan drew no speakers 3. Schaffer adjourned at 8:25 p.m. 4

About this record. This page rests on the district's minutes, which close with signature lines for Schaffer as president and Bridge as clerk 4 and which the board approved on June 17, 2021 5; on the agenda packet; and on the meeting video, whose transcript begins as the board reconvenes 6. Names of people at the meeting come only from the minutes and the packet, and outside coverage is attributed to its outlet; recording remarks are tied to a named person only within the subject the minutes give that person.

😷 Mask mandate: not the board's call

According to Cruz's memo in the packet, on May 6, 2021 he asked for an agenda item to lift the mask mandate for students and staff and make masks voluntary; the board president and the superintendent declined it under Board Bylaw 9322 as not within the board's authority to circumvent. On May 20 he asked that the board itself decide whether the subject was within its jurisdiction 7.

Kristen Kim, Kristal Barret, and Maris Lipan addressed the board on the item 2. The minutes give no subject or position for them, so their remarks are not summarized.

Na moved and Cruz seconded approving the request. The motion failed, with Bridge, Gagnier and Schaffer voting no, and the minutes record the request as "deemed not under the subject matter jurisdiction of the Board of Education" 2. The members' discussion on the recording is not summarized, since with the no votes named any stance would point to a member.

🏫 Preserve School #2

The Tao Firm's update

Tao presented the project's timeline 2. On the recording, he said:

• Consultants could not reach the native soil to test it while a soil stockpile sat on the site 8, a work stoppage from February 13 to October 1, 2020, about eight months 8.
• The district needed a graded "super pad" site with utilities 9 by June 2022 9, expected Division of the State Architect approval between November 2021 and July 2022 10 and, with about 21 months of construction, an opening in August 2024 10.
• The district had spent about $1.574 million and would spend another $276,000 after state Department of Education approval 11.
• The developer insisted on a right to repurchase the site 12, which Tao said he could not legally accept because it would be an illusory contract 12.
• The district planned to put the land's appraised value, $24.4 million, into escrow 11 and, if the developer did not agree, might have no choice but arbitration 13.

The Chino Valley Champion's June 19 report named the developer as Lewis Development Corporation and reported that Tao announced the August 2024 opening 14. It noted that Cal Aero Preserve Academy, the Preserve's only elementary school, had run year-round since 2016, and recalled that Lewis sued the district in 2008 over its refusal to open Cal Aero, after which an arbitrator's ruling cost the district $947,000 14. Randall Lewis told the paper that after this meeting his team sent a purchase and sale agreement with the repurchase language removed 14. On July 15, 2021 the board approved a purchase and sale agreement and joint escrow instructions for the land 15.

The environmental addendum

Resolution 2020/2021-38 covered a 12-acre lot southwest of East Preserve Loop and Market Street 16, for up to 900 students on a standard calendar or 1,200 on a four-track year-round schedule 17. Staff's memo says the school was already analyzed in the City of Chino's 2003 environmental impact report and the district's study found no greater impacts, so an addendum was prepared instead of a new report 17; the state Department of Toxic Substances Control signed off on the site's preliminary environmental assessment on March 24, 2021 16.

Caroline Cook and Jennica Krause addressed the board on the item 3; with two listed speakers, remarks are not summarized. Gagnier moved and Na seconded the motion to adopt the resolution, the addendum, a mitigation monitoring and reporting plan and findings, approve the project subject to acquisition of the site, and delegate staff to file a notice of determination; the motion carried 3. CEQAnet shows that notice posted on June 9, 2021 18. Gagnier left the meeting at 8:08 p.m. 3

Contractor C.W. Driver announced in November 2024 that it had completed Legacy Academy, a $51 million K-8 school at The Preserve built to relieve crowding at Cal Aero 19.

💵 Budget and LCAP hearings

The 2021/2022 budget hearing ran from 7:57 to 7:58 p.m. and the LCAP hearing opened and closed at 7:58 p.m., neither with speakers 3. Both were scheduled for approval on June 17 2021.

🔒 Closed session

Reporting out, the board appointed six assistant principals effective July 19, 2021: Kitt Madkin (Newman ES), Jami DeVoe (Glenmeade ES), Tina Herrera (Oak Ridge ES), Lisa Conetta-Lee (Rolling Ridge ES), Michelle Bonnema (Townsend JHS) and Olivier Wong Ah Sun (Don Lugo HS) 2.

🤝 Employee representatives

Barbara Bearden, CHAMP president, recognized CHAMP scholarship recipients 2. Danny Hernandez, CSEA president, recognized graduates and promotion efforts, highlighted the Purchasing Department, warehouse staff and payroll staff, and thanked Superintendent Norm Enfield and Cabinet 2.

🎤 Public comment on items not on the agenda

The minutes list these speakers and subjects, in their wording and spelling 22:

• Student Ezequiel Zuniga, accompanied by mother Nicole regarding how mask wearing has negatively affected him
• Darice DeGuzman regarding the ELO grant and Preserve II school
• Sonja Shaw regarding opposing the mask wearing mandate, Critical Race Theory curriculum, and additional 30 minutes to student day
• Brandon Gomez regarding opposing Critical Race Theory curriculum
• Bernadette Mendez regarding lack of stakeholder input for additional 30 minutes to school day
• Charles Chamorro regarding building the Preserve II school
• Marisa Lipan regarding COVID-19 relief funding spending plans and bell schedules
• Lorraine Harris regarding parent association advocacy for students
• Daniela Bland regarding opposing Critical Race Theory curriculum
• Barry Goodman regarding the Preserve school

The minutes record subjects, not remarks, and the recording calls each speaker by name, so comments are not summarized. The minutes print "Marisa Lipan" here and "Maris Lipan" on the mask item. The Expanded Learning Opportunities Grant Plan in these subjects was approved on May 20, 2021, according to that meeting's minutes as printed in this packet 22, which the board approved on this meeting's consent calendar 3.

✅ Consent calendar

The minutes record the consent motion as moved by Na and seconded by Cruz, with Gagnier absent 3. The items included:

• $8,017.26 for April legal services from Atkinson, Andelson, Loya, Ruud & Romo 233.
• Resolution 2020/2021-37, keeping year-round Cal Aero K-8 at 175 instructional days 243.
• Chino High reconstruction offsite utilities to Pro-Craft Construction for $733,000 254.
• Cameras for 33 buses to IVS, Inc. dba AngelTrax and air conditioning for 9 buses to Creative Bus Sales, $213,884.58 in all 26264.
• Routine items, including the Baldy View ROP agreement, personnel, the Spectrum Center classroom license and the rejection of a claim 34.

As information, the board received a new course, Computer Science Essentials, a yearlong Project Lead the Way coding course meeting the UC/CSU "d" science requirement 274.

💬 Board communications

Gagnier had left by then 3.

Andrew Cruz said he would like to move quickly on the second Preserve school, spoke about comments regarding Critical Race Theory, read an excerpt from a book on race, and said good is going to win in the end 4.

James Na thanked the speakers, shared his opinion on Critical Race Theory, and said kids need to learn about being proud to be American. He asked for a community committee or task force on important district issues and a grant committee involving parents; said the Chino Hills High bingo committee is willing to resume fundraising when allowed; thanked staff; and asked that parents be listened to 4.

Don Bridge spoke about the first Preserve school and the district's financial difficulties then 4, recalling, as captioned, 243 teachers given layoff notices that year 28. He congratulated graduates, noted teams still in CIF playoffs, and, as a former government teacher who encouraged students to vote 4, said he was saddened by states trying to take away people's right to vote through laws being passed 29.

Superintendent Enfield made no comments. Joe Schaffer congratulated graduates, said he was sorry the board could not take part in person, and wished CIF teams well 4.