September 16, 2021 Regular Meeting: Resolution Opposing State Vaccine Mandates Fails

President Joe Schaffer called the regular meeting to order at 5:30 p.m. with board members Don Bridge, Andrew Cruz, Christina Gagnier, James Na and Schaffer present; Cruz did not take part in closed session 1. The board reconvened in open session at 6:00 p.m., streamed live on YouTube, and Schaffer adjourned at 8:15 p.m. 12. The evening turned on a resolution opposing statewide COVID-19 vaccination mandates, which failed; the board also approved the 2020/2021 unaudited actuals and the consent calendar 3.

This page's record is the district's minutes of this meeting, which the board approved without amendment on its October 7, 2021 consent calendar 4. The minutes name the people below. Recording detail about a named person stays within the subject the minutes give that person.

Closed session

Schaffer adjourned to closed session at 5:30 p.m. on the appointment of an elementary school principal and high school assistant principals, and on labor negotiations. It met until 5:40 p.m.; no action required public disclosure 1.

The resolution opposing statewide vaccination mandates

The item came from Cruz. His cover memo, from "Andrew Cruz, Board Member," said he had requested the resolution at the September 2 meeting and that its purpose "is to put on the record where individual Board members stand on the question of government overreach versus personal freedom" 5. The draft September 2 minutes, printed in this meeting's packet and approved on its consent calendar, record Cruz saying he wanted such a resolution "so that the public can know who on the Board is willing to fight for America and freedom" 63.

The proposed text cited the August 11, 2021 state public health order requiring school staff to show proof of full vaccination or be tested at least weekly, with full compliance by October 15, 2021, and would have declared that the board "opposes statewide vaccination mandates that put employment at risk, and compromises personal freedom" 5. UPI reported that day that California was the first state to require all school staff to be vaccinated or regularly tested 7.

The minutes list three speakers opposed to the resolution, James Gallagher, Dena Peoples and Thomas A., and eight in favor: Virginia Renteria, Marian Arguello, Nichole Vicario, Cindy Foisy, Oscar Avila, Isabella Avila, Kelly Allen and Juli Santorsola 3. The minutes do not say what each speaker said. The Champion reported that Santorsola called the mandate unlawful and asked whether board members would be personally responsible for side effects; that Oscar Avila said the vaccine was too new to trust, and that his daughter Isabella had been too nervous to see the school nurse about a migraine for fear of being sent home for 10 days; and that Gallagher said the resolution as written was meant to create political division 8.

Na moved and Cruz seconded adoption. The motion failed, with Schaffer, Gagnier and Bridge voting no; the student representative also voted no 3.

The minutes record no remarks from the dais on this item. The Champion reported that Na said teachers and staff should not be forced to get vaccinated; that Bridge, a former history teacher, recounted controversy over vaccines going back to 1898; that Cruz said his resolution would most likely not succeed but he wanted people to know who would vote yes and who would vote no; that Gagnier said getting a vaccine is a choice, because the order allows a COVID test instead, and that her top goal was keeping schools open; and that Schaffer said vaccine and mask mandates come from the state, not the board, and urged parents to take their objections to state officials 8. The paper said audience interruptions led Schaffer to use the gavel a few times 8.

The board returned to the subject on November 4, 2021, with Resolution 2021/2022-37, an urgent request to Governor Gavin Newsom to reconsider or rescind the COVID-19 vaccine mandate for K-12 students as a requirement for in-person instruction 9.

2020/2021 unaudited actuals

On a motion by Na, seconded by Gagnier, the board approved the 2020/2021 Unaudited Actuals Financial Report and authorized the superintendent or designee to sign the district's certification of it 3. The staff memo, prepared by Associate Superintendent Sandra H. Chen and Fiscal Services Director Liz Pensick, said the report states the district's final revenues and expenditures for 2020/2021 and that the external auditor would present the final audit in January 2022 10.

Consent calendar

The personnel item was yellow-sheeted 3. Gagnier pulled Item III.D.2, Agreements for Contractor/Consultant Services, for separate action. On a motion by Na, seconded by Gagnier, the board approved the remainder of the consent items as amended 3. Na then moved and Bridge seconded approval of the pulled agreements, and the minutes record the motion as carried with Gagnier recused; they give no reason for the recusal 11. The agreements included motivational speaker assemblies, aerial fireworks displays, event and catering services and CPR training 12.

Among the consent items the board approved:

• Warrant register of $9,478,669.35 and the purchase order register of $2,912,621.87 11111314.
• Legal services: payment to Atkinson, Andelson, Loya, Ruud & Romo and to Margaret A. Chidester & Associates, whose July invoices totaled $23,003.20 1115.
• Gann limit: Resolution 2021/2022-26, setting the actual 2020/2021 appropriation limit at $179,722,432.00 and the estimated 2021/2022 limit at $178,619,296.00 11.
• Piggyback contract: Resolution 2021/2022-25, letting the district buy marquees and displays from Encore Image, Inc. through a state CMAS contract 1116.
• Notices of completion for four small CUPCCAA projects, charged $82,155.00 to the General Fund, $40,750.00 to Deferred Maintenance and $19,769.00 to Capital Facilities 1117.
• Change order for the Canyon Hills JHS and Townsend JHS alterations by Precision Contracting, Inc., a net increase of $30,164.00 1118.
• ViewSonics classroom preparation (Group 1): an award to D3 Development Group, the lowest of seven bids at $142,900.00, to prepare classroom teaching walls at five schools 1118.
• Re-bid of the built-up roofing and sheet metal package for Butterfield Ranch ES and Hidden Trails ES, for which no bids were submitted 1119.
• The September 2 minutes, fundraising activities, donations, school trips for Eagle Canyon ES and Ayala HS, surplus property, and the personnel items as amended 3111111.

Student and employee representatives

Student representative Esther Kim reported that the Student Advisory Council's second meeting was set for September 21 3. On the recording, she said the council would discuss allocating funds to mental health resources 20.

Barbara Bearden, president of CHAMP, said elementary parents would soon have the opportunity to meet with their child's teacher, that Buena Vista HS had an 8% increase in graduating students, and that staff had held an information session on the Biomedical Science and Technology Academy. Danny Hernandez, president of CSEA, thanked the board and district for help with his members' added duties and apologized for not mentioning elementary library media assistants' concerns at the previous meeting 3.

Public comment on items not on the agenda

The minutes list these speakers and subjects 3:

• Adian Torres: student restroom use protocols.
• Samuel Love: the Ethnic Studies curriculum.
• Brian Gallé: Chino Hills HS bingo facility use challenges.
• Kelly Allen: safe return to campus policies related to independent study.
• Caitlyn Martinez: lack of board communication and response to public records requests.
• Mark Startup, Misty Startup, Ginny Merrifield, Jake, and Lorraine Harris: board governance standards, parent advocacy and personal health decisions.

The minutes record who spoke and on what subject, not what each said, so this page does not summarize the recorded remarks.

Board communications

Cruz and Superintendent Norm Enfield made no comments 22.

Na spoke about overflow room conditions and collaborating with parents, suggested consulting staff affected by additional duties, asked staff to look into immune-building cafeteria meals, thanked the Chino Hills HS bingo president for sharing his concerns, and spoke about possible dance classes and the Chino HS building 2. On the recording, the remarks on the overflow room noted it had no air conditioning and suggested looking at Woodcrest Junior High School or another venue 21.

Bridge reported on football games, including a pregame remembrance for 13 soldiers killed in Afghanistan, and his visit to the Chino HS construction site 2.

Gagnier thanked young community members who attended and speaker Allen for comments on independent study, and announced the Chino Valley Chamber of Commerce's Pitch Competition for students in grades 7 through 12. She spoke about decisions made at other levels of government, saying her focus is keeping students safe, and, recalling the previous meeting's mental health conversation, asked Enfield for a resolution to establish a mental health task force or similar initiative 2. The draft September 2 minutes in this packet record her saying then that she wanted an initiative exploring mental health professionals on all campuses 13.

Schaffer said he had visited the Chino HS construction, announced the Ayala HS band field competition on October 9 and the Milk Can Game on Friday night, and spoke about differing points of view, saying it is up to the board to set the example for students 2.