Complaint Filed Wednesday, December 20, 2017

CUSD has 30 Capistrano Working Days to remedy the Emergency Repairs. 

CUSD must respond to the Complainant within 45 Capistrano Working Days of receipt of the Complaint. 

Complainant has 15 days to Appeal CUSD's decision to the CDE if the response is not satisfactory. 

The Appeal must contain a copy of the original complaint to CUSD and a copy of CUSD's decision.

A curtesy copy of this complaint has also been sent directly to Trustees and Superintendent Vital.

The November 1, 2017 Facilities Condition Assessment Tesoro High School Final Report can be found at the following link and is the basis of this complaint:

https://drive.google.com/file/d/0B53sKNZsMg3qUGpjOG1zLWRrVnM/view

This report is 264 pages and documents all facilities issues with pictures.

* It should be noted that the Kitchell Report was done prior to the old portables being demolished and/or removed in June 2016.

Tesoro High School has $863,400 in EMERGENCY REPAIRS aka conditions that require immediate action to:

a) correct a cited safety hazard,

b) stop accelerated deterioration, and/or

c) return a facility to operation. 

Facilities issues include; but are not limited to:

In addition, Tesoro High School will need an additional $4,841,800 in repairs within the following year.

OF CONCERN

EVIDENCE OF SOIL SLIPPAGE

This structural damage may be the result of a Tool Road being constructed less than 100' from the school - a sensitive receptor. 

See: Oral Communications July 26, 2017 BOT Meeting Emergency Request Tesoro High School /Toll Road Measurements (The County of Orange ignored Public Records Requests)

See: July 26, 2017 Emergency Request by Citizen to place an Item on the Board Agenda

See: September 30, 2017 Complaint to the Orange County District Attorney

which includes:

July 15, 2017 The Grand Jury Complaint

September 27, 2017 Response from the Orange County Grand Jury

September 28, 2017 Williams Complaint filed with the California Department of Education 

Structural Cracks in Foundation Building 1000

Clay Tile Shifting Building B

Concrete Pavement is Cracking

EMERGENCY - COMMUNICATIONS - ONLY ONE ENTRANCE/EXIT TO SCHOOL

MOST MECHANICAL EQUIPMENT LISTED AS LEVEL 2, IS ALREADY PAST IT'S USEFUL LIFE 

See: Kitchell Report pages 25 through 40

See: Kitchell Report 40 and 47

Pool Chlorination System is at or approaching the end of its expected useful life

The Main Fire Alarm Control Panel [addressable without voice] (excluding wire and conduit) is approaching the end of its expected useful life.

CUSD SLIDE PRESENTATION APRIL 27, 2016 SCHOOL DUDE IMPLEMENTATION- FACILITIES PLANNING

This shows CUSD has known about the $200 million in emergency repairs for almost two years and to this date has not included any mechanical systems/HVAC on their 5-year deferred maintenance plan.

April 27, 2016 CUSD BOT Meeting Agenda Item #21 School Dude and Planned Maintenance Slide Presentation.

Board Audio at 2:30:20 AMAZING INFLAMMATORY AUDIO THAT MUST BE HEARD

See: CUSD Deferred Maintenance 5- year Plan

See Article: CUSD Facilities Report 1,600 Plumbing Work Orders - 3 Plumbers on Staff - No Williams Complaints on File?

Note: Were Tesoro HVACs properly maintained, especially during the grading of a Toll Road less than 100 feet from Tesoro - while portables with possible asbestos have been demolished or removed - while a new modular building was being constructed without a valid CEQA?

Did CUSD regularly changes HVAC Filters and fix and maintain HVAC's?

PORTABLES 

See: Kitchell Report Appendix "A" 

Because the Portables are in the report, the Kitchell Inspection was done in June 2017 prior to their removal. They have since been demolished and/or removed from the premises.

Potential Asbestos in Portables that were removed - were they demolished on premises? Was AHERA followed?

Board Meeting Agenda #19: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/1474344529390663222.pdf

Board Meeting Audio at 48:00: http://cusd.capousd.org/cusdweb/audio2016-17/CUSDBoardMeeting.Jan.25.2017.mp3

TRUSTEE COMMENTS

at 55:20

Gila Jones- My understanding is that we are bringing in a large number of portables for next year and we are building a new 24 classroom building which will be open for the following year and the old portables will be gone.

John Forney - the portables are for temporary housing so that the new building can be built where the existing portables are. When the building is built- all the portables go away. The new building is going where the existing portables are.

Gila Jones - taking out 20 old portables and bringing in 16 for 2017-18. Then the new building which has 24 classrooms will be open for 2018-19. 

at 57:50

Trustee Reardon - so to clarify: 

current portables - 20 classrooms

2017-18 - 16 classrooms (loss of 4)

2018-19 - 24 classrooms (net gain of 4 over current capacity)

at 58:04 Trustee McNicholas - so is Tesoro closed for the up-coming year because of the loss of 4 portables for one year?

at 58:09 Staff - Susan Holiday - Tesoro is at or exceeding capacity all ready. 

at 58:18 Trustee Reardon - We have had discussions of the expanding growth at the Ranch and discussions regarding expanding capacity at San Clemente and San Juan Hills, but we never discussed expanding Tesoro. We are stepping back from flexibility on enrollment. 

at 59:19 Superintendent Vital - Flexibility depends on what happens with Sendero - what school Sendero chooses will tell us what flexibility we have. We need two or three years of trend data. We know 800 children will come out of the Ranch at full build out , but we do not know when. Net capacity at Tesoro is small - large at San Juan Hills and at San Clemente 2- 4 classrooms. We are dependent on enrollment at San Juan Hills to see what capacity we have at Tesoro.

at 61:14 CUSD Policy is NOT to accept School of Choice Applications for closed schools so we won't know- catch 22- we should be saying submit your application so we can see numbers and space at grade level.

at 62:50 Superintendent Vital - We can take applications but it cannot be viewed as a promise to be accepted.

at 63:46 Trustee Matha McNicholas - I was under the mis-impression that the three new buildings were to increase capacity at all three high schools when it is only San Juan Hills that is getting increased capacity. Is there any way to put 4 more portables at Tesoro so that we don't loose capacity?

at 64:30 Staff - the portables at Tesoro are in very poor shape. The goal was to get rid of portables. Plus we loose parking when we add more portables.

at 65:05 Trustee Martha Mc Nicholas - I am willing to loose parking rather than capacity.

at 65:21 Trustee Reardon - 3 years ago San Juan Hills was closed and we forced Ladera residents to go to Tesoro - now we are saying Tesoro is closed and we are forcing Ladera residents to go to San Juan Hills. We need to test the depth of the demand.

at 67:10 Trustee Hanacek -  Keeping families together is important.

at 67:48 Trustee McNicholas - I would like to look at some additional portables at Tesoro for one year.

at 67:58 Trustee Jones- It is really tight at Tesoro. When those portables were put in 14 years ago they were already used and old and they smell. 

at 68:34 Superintendent Vital - Here is what I understand from the Board:

1) We will take applications for Tesoro with the understanding that there is no promise Ladera Ranch students will get in.

2) The Value is to keep families together.

3) If we can increase capacity we will.

at 69:14 Trustee Reardon - It is our Goal to keep member of A family together. Not all families together. We cannot do neighborhoods.

at 69:42 Trustee McNicholas - Just a Reminder- CUSD tried to boundary Talega for San Juan Hills and we were sued.

at 69:56 Trustee Reardon- that was before La Plata was complete and families had to drive a long distance to get there through very difficult traffic. La Pata is open - that is a major change. We have to address boundaries, and we should address boundaries piece by pice . We must deal with boundaries especially in Area II of the Ranch.

at 71:30 Superintendent Vital - We are going to have a discussion about boundaries. We are doing an analysis regarding the opening of Escencia school.

at 72:00 Trustee McNicholas -  

at 72:16 Trustee Jones - Staff is going to eliminate the language "subject to proportionality" and then in the second paragraph I want to remove "for school of choice"

"Priority Criteria

If a student has continuously attended their School of Residence and moves anytime during the year, the student may apply to stay at the current school until he/she matriculates to the next level. unless the school is significantly impacted and the student is displacing a student living in that boundary."

at 73:18 Trustee Mc Nicholas - Does that mean a student can apply anytime during the year.

at 73:31 Trustee Reardon - Why are removing subject to proportionality?

at 74:12 Staff Clark Hampton - because code defines Mello Roos Seats.

Government Code Section 53312.17 defines Mello Roos seats

Our goal is to conform to the law.

at 74:50 Trustee McNicholas - Title I priority is no longer required?

at 75:10 Staff Susan Holiday - Giving Priority to Title I school improvement students is no longer a requirement - it is an option under ESSA.

Observation by Dawn Urbanek after listening to the Board Audio:

1) Staff - unilaterally, without the Board understanding what had been approved, made the decision to spend $45 million dollars to essentially replace "old - smelly portables" while allowing the Board to think the intent was to increase capacity at three high schools. Clearly the Board, from this discussion did not understand what staff was actually doing.

2) I was struck by Trustee Jones admission that students at Tesoro have been allowed to remain in "used, old, smelly portables" for 14 years while she has voted for over $120 million in compensation increases for staff the past 4 years.

3) The reality of Priorities:

The school of choice language gives Priority as follows:

1) The children of all CUSD employees have priority over everyone even though those families may not even reside in CUSD boundaries.

2) Ranch students have priority at Tesoro over Mello Roos Taxpayers in Ladera or it would have been made clear that those Mello Roos taxpayers wishing to go to Tesoro would be seated first, and the Ranch students would be seated next as space is available per the EIR which states that Ranch students are to goo to the closest school which would be San Juan Hills High School rather than Tesoro.

Staff's School of Choice Policy does not align with the Law, Government Code Section 53312.17 which would allow both Ladera Ranch Mello Roos taxpayers to have a choice to attend either Tesoro or San Juan Hills, and Talega Taxpayers to have a choice of San Clemente High or San Juan Hills. Unfortunately it is staff's intention to force Mello Roos residents into a law suit to enforce the law if the number of seats remaining at Tesoro or San Juan are insufficient for Mello Roos students.

4) The public should make every effort to find out why it is so important for CUSD to replace these old portables "immediately" when the current plan actually reduces capacity at Tesoro. 

5) I find it absolutely incredible that Staff is concerned about impaction at Tesoro when the Board has allowed capacity at San Clement to remain 900 students above capacity since 2004 and has done nothing to reduce the gross overcrowding at San Clemente High.

See: Asbestos Records San Clemente High School

See: San Clemente High School AHEARA Compliance

See: Agenda Item #14 Grand Jury Report and District Response

POSSIBLE ASBESTOS IN TESORO PORTABLES

From researching San Clemente High School AHERA records to respond to the Grand Jury Report there is a reasonable belief that the portables at Tesoro High School may have been used, old portables relocated from other campuses within the Capistrano Unified School District. The documentation of the old portables on Tesoro's campus (approximately 1990's) does not include clarification on where they came from, and if they had asbestos even though there is reference from other AHERA reports that the portables were used at various school sites and that they possibly contained asbestos in the roofs, fire doors and maybe other places.   

It is unclear if the Tesoro Portables were demolished on site, or relocated to yet another school. To be sure, the manufacturer name and serial number of the portable and date of manufacture would need to be discovered. This information is NOT included in the Kitchell Reports or available AHERA documentation.

It should also be noted that the AHERA dedicated person is not available on the District web site.

ASBESTOS 

January 25, 2017 BOT Meeting Agenda Agenda Item #14 Grand Jury Report and District Response page 429

at 42:00

Learn More

CUSD is constructing a new building without a New CEQA.

CUSD should be required to do a new CEQA for the construction of its's new modular building. Instead it asked for an exception, and is using the original EIR which is no longer valid for the following reasons: 

1) The 1996 EIR Analysis for Tesoro is not correct because it did not do any studies within 500' of the schools because it was not required at the time. That statute did not come into effect until 2004. That statue requires that a health risk assessment be done for any road that is within 500' of a school. No Health Risk study has been done to date. 

Source: CUSDWatch: Toll Road Is Less Than 100 Feet From Tesoro High School Property Boundaries. 

Board Audio at 15:58 Statement by Superintendent Vital re: Construction of Los Patrones Parkway/241 Toll Road Extension.

Board Audio at 46:27 BLUE CARD Dawn Urbanek 

Clarification of Kristen Vital's opening remarks regarding Tesoro High School Property Parcel Nos 79 and 82. A Toll Road is being graded that is 500' feet from Tesoro's Tennis Courts and inside Tesoro's property boundary. 

Board Audio at 52:23 Superintendent Kristen Vital

Kristen Vital asked CUSD attorney Jeff Hoskinson to clarify the concerns expressed about Los Patrones because with so many people in the audience she did not want the Public to have mis-information. "It is really important that we clarify and provide accurate information to our community and our Board that is accurate."

Kristen Vital then restated that in her opening comments she talked about the fact that the road was not being graded onto CUSD property. She stated that mis-information had been reported about wether or not this was CUSD property.

Board Audio at 53:00 Attorney Jeff Hoskinson

The attorney clarifies by stating that Parcel 82 is owned by the District based on the deeds CUSD has. Parcel 79 where construction is partially taking place is not owned by the district. 

Note: The County has a record showing that since 2005 Parcel 125-096-82 has been owned by RMV Middle Chiquita LLC. I have made several attempts through Public Record Requests to find out how this parcel was transferred from CUSD to RMV and I have not received an adequate response. There is a CLOUD on the title that remains unexplained.

Board Audio at 53:54 Trustee Reardon

Is grading within 500 feet of the tennis court or the property boundary?

Note: It is very clear now, that grading is within less than 100 feet of Tesoro property boundaries and less than 400' from Tesoro's tennis court.

Board Audio at 54:15 Attorney Jeff Haskins 

It appears that the road is 500' from the tennis court.

Tesoro EIR:

The 1996 EIR Analysis for Tesoro is not correct because it did not do any studies within 500' of the schools because it was not required at the time. That statute did not come into effect until 2004. That statue requires that a health risk assessment be done for any road that is within 500' of a school.

2) The original EIR studied the noise and pollution levels that would result from an arterial road that was 800' farther to the east than the current road which is being designed and built to Toll Road specifications. The Toll Road is much wider, with higher traffic speeds.

3) At the time of the original EIR, CUSD had busing which has since been eliminated. Now hundreds of cars idle for hours as they line up along the single road that accesses Tesoro High School. TESORO HIGH SCHOOL WAS ALLOWED TO BE BUILT WITH A SINGLE ENTRANCE AND EXIT - very dangerous especially with Construction of the Toll Road and the expansion of Oso Parkway Bridge.

4) The November 1, 2017 Kitchell report indicates that HVAC systems are past their useful life. There is also evidence that the HVAC systems have not been properly fixed and maintained for years and that students may have been subject to Fugitive dust from all of the grading and construction. This land is farm land was once part of the Trabuco bombing range. It is known to have pesticides and ordnance.

see: June 28, 2017 Board Meeting Agenda Item #22 at page 500  

Board Audio at 1:54 Lots of Failures in our HVAC Systems.

CUSD has signed a Resolution opposing the Toll Road on June 28, 2017 and stated that they were going to join a law suit filed by the City of San Clemente and the Reserve. No Action has ever been taken to protect the Health and Safety of students at Tesoro High School and the Toll Road continues to be built less than 100 feet from the school. 

see: June 28, 2017 Board Meeting Agenda  at page 736

Board Audio at 22:00 Discussion of the Resolution 

Conclusion

April 27, 2016 CUSD BOT Meeting Agenda Item #21 School Dude and Planned Maintenance Slide Presentation.

Board Audio at 2:30:20 

It is now December 2018 almost two years after the School Dude presentation and CUSD still does not have any HVAC/ mechanical systems on its 5-year Infrastructure Plan. 

CUSD has $186 million dollars in "Emergency" repairs and maintenance issues that rise to the level of a Williams Complaint as documented in the Facilities Districtwide Executive Summary November 2017. 

The health and safety of students have been placed at risk while CUSD has provided employees with four consecutive years of across the Board compensation increases totaling over $120 million dollars.