|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