Board Meeting agenda page 86

Board Audio at 156:16

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.


BLUE CARD Dawn Urbanek 

This is a $100,000 maximum contract with Progressive Design Playgrounds for Playgrounds and Outdoor Equipment and related services. However, the agenda Item states that this is a $850,000 contract for technology products and related services funded by the Deferred Maintenance Fund.

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