MARCH 22, 2017 BOARD MEETING | |
Board Meeting agenda page 86 http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/576115885391746174.pdf Board Audio at 156:16 http://cusd.capousd.org/cusdweb/audio2016-17/CUSD_BoardAudio_March-22-17.mp3 This was the original Agenda Item #7 Description - The Title is a Contract With Progressive Design Playgrounds, but the description references $850,000 in technology products and related services. I sent Trustee Reardon an e-mail letting him know about this discrepancy two days before the meeting.
When I stood up to speak I read the description on the screen and realized that Staff had changed it after the 72 hours - a Brown Act Violation. After the meeting staff has once again changed the item back to the original. I did not get a screen shot of the changed Agenda Item, but the conversation documents the veracity of this statement. This will be turned over to the District Attorney. at 156:16 PUBLIC COMMENT
at 157:20 Trustee McNicholas Its been moved by Trustee Pritchard and seconded by Trustee Jones. at 157:29 Trustee Reardon - I am going to abstain at 157:50 Trustee McNicholas Then lets move backwards. is the Description different? at 157:57 Trustee Pritchard Starts to speak at 158:05 Trustee Reardon Moves to continue the Item to the next meeting to clean that up. at 158:07 Trustee McNicholas agrees - amended emotion to continue the item. If there a time limitation on this? at 158:12 Clark Hampton This is a CMAS contract for replacing the Turf at San Clemente High School even though it doesn't say San Clemente High School Turf on the item. at 158:37 Trustee Jones The Description in the Agenda Item does not match the description at 158:50 Trustee Jones But we already voted- at 158:58 Trustee McNicholas We have a substitute motion to continue. at 159:07 Inaudible at 159:18 Trustee Reardon what did we approve? at 159:35 Trustee MacNicholas we have not approved any contract yet. at 159:43 Clark Hampton We can provide background at 159:50 Trustee McNicholas so we did vote? Let s do a motion to reconsider at 159:57 Trustee Jones moves to reconsider the Item at 160:07 Trustee Mc Nicholas Trustee Jones moves to reconsider the Item and Trustee Pritchard seconds at 160:12 Trustee Hanacek Will this hold up and projects? at 160:19 Clark Hampton This is to be done this summer. at 160:29 Trustee Hanacek So if we put this off for one meeting - the project will not be done on time? at 160:33 Clark Hampton We would miss the date. at 160:40 Reconsider means we vote tonight. at 160:48 Trustee Mc Nicholas Vote to reconsider the item 6-0-1 at 160:58 Trustee Reardon I will withdraw my motion to continue the Item if staff can clear up the issue of the difference in the Agenda Summary and the Item. at 161:13 Staff Person not identified. CMA $100,000 limit is the limit established as State Agency - as a local agency are exempt from that limit. Depending on availability of funds the $850,000 is CUSD's limit. at 162:15 Trustee Reardon Clarify for me- are we approving expenditures up to $100,000 or $850,000? at 162:26 Staff Person not identified. You are approving a contract for up to $850,000 depending on what funds we have available and what our needs are. at 162:50 Clark Hampton The CMAS requires further negotiations at 163:19 Jim Reardon Your asking us to approve ANNUAL expenditures of $850,000 out of the deferred maintenance fund. Annual means forever. at 163:51 Staff Person not identified. If you look at the first page it says it expires and can be renewed. If we spend above a bid limit we have to go out and submit competitive bid contracts. But this allows us to piggyback on an already approved bid. at 164:29 Trustee Reardon What amount are we being asked to approve and for how long? at 164:36 Clark Hampton The CMAS Contract expires December 31, 2017 at 164:46 Trustee Hatton- Hodson We shouldn't be ready blind. at 165:04 Trustee McNicholas When I think of annual expenditures, I think of every year. at 165:13 Trustee Reardon One time expenditures are not to exceed $850,000 at 165:30 Trustee McNicholas We can approve this item with that Change? at 165:36 Clark Hampton Yes you can. at 165:40 Trustee Hatton-Hodson If you knew you were purchasing turf for San Clemente High why isn't that stated in the Item? Thank Miss Urbanek for pulling this. at 165:57 Clark Hampton There is "turf" on the CMAS contract. at 166:02 Trustee Hatton-Hodson We are not contract people so it is very important that staff have the agenda item description and the supporting documentation be aligned in order for us to represent the interests of taxpayers and students. at 166:20 Trustee McNicholas In the description of the item it says "playground equipment" it does not say "turf". at 166:28 Clark Hampton We agree, it could be much more clear. at 166:30 Trustee McNicholas Can we get that cleared. "Turf" only for San Clemente. This is the oldest field in the District and it failed its GMAX testing and is to hard to play on. at 167:05 Clark Hampton The item should have been more clear. at 167:09 Trustee Jones You think the item should have been more clear? at 167:14 Trustee Reardon Move agenda Item #7 CMAS Contract No 4-03-78-0023A Awarded to Progressive Design Playgrounds for Turf replacement at San Clemente High School. The one time expenditures under this contract SHALL not exceed $850,000.00 funded from deferred maintenance funds. Delete "actual expenditures may vary based on funding and district needs" at 168:31 Trustee McNicholas Will that work? at 168:39 Clark Hampton It could be less. at 168:49 Trustee McNicholas All right - that is the motion Moved by Jim with corrections at 169:00 Trustee Pritchard Wait- staff appears to have an issue. Is there a legal problem. at 169:21 Staff Person not identified. The Board is not changing the Title correct, you are just changing the description. Moved by Trustee Reardon Second By Trustee Hatton-Hodson Passes with corrections 6-0-1 IF YOU GO TO THE PROGRESSIVE DESIGN PLAYGROUNDS WEB SITE- THEY DO NOT APPEAR TO SELL TURF. AND THE CMAS CONTRACT SAYS "THIS CONTRACT PROVIDES FOR THE PURCHASE< WARRANTY, AND INSTALLATION OF PLAYGROUND AND OUTDOOR EQUIPMENT
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