APPEAL: Williams Complaint Capistrano Unified School District Tesoro High School II- Facilities Repair and Maintenance

CUSD Responded to a Williams Complaint filed on behalf of Tesoro High School for EMERGENCY REPAIRS that effect the Health of CUSD Staff and Students. CUSD Response: "Nothing to See Here!" Tesoro High School Facilities are in GOOD REPAIR. But Kichell Reports which were prepared to help CUSD pass a new school facilities bond says something quiet different.

Tesoro High School Kitchell Report states that Tesoro has $5.7 million in EMERGENCY Repairs that threaten the Health and Safety of Staff and Students.

An Appeal has been filed with the State Department of Education to force CUSD to fix and maintain facilities.

CUSD has chosen to give employees their 5th consecutive year of across the board compensation increases totaling over $150 million. They have used deferred maintenance funds to pay for those increases. CUSD has made a decision that places the compensation of employees above the health and safety of staff and students.

Date: January 31, 2018

To: Diane Waters, Senior Architect

California Department of Education

School Facilities and Transportation Services Division

From: Dawn Urbanek

Re: Tesoro High School Williams Complaint II: Facilities Repair and Maintenance

Links to Supporting Documentation:

Tesoro High School Williams Complaint I: re: Toll Road on CUSD Property

CUSD did not respond to Williams Complaint I

Appeal to the State of California Williams Complaint I

Tesoro High School Williams Complaint II re: Facilities Repair and Maintenance

CUSD's January 23, 2017 Response to Williams Complaint II re: Facilities Repair and Maintenance

Hi Dianne-

Attached is CUSDs' January 23, 2018 response to the second Williams's Complaint re: Facilities Repair and Maintenance.

I am filing an Appeal with the CDE based upon the following:

I. CUSD States that "the Complaint does not implicate emergency facilities needs under the standard set forth in Education Code Section 17592(c)(1)"

That statement is false-

Example:

Kitchell Report Tesoro High School at page 40

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

January 24, 2017 CUSD BOT Meeting Agenda at page 212

CUSD approved contract FSA 1718180 with Knorr Pool Systems, Inc to provide labor and materials for the installation of a new mechanical room control system, including the removal and disposal of existing chemical and filter controllers at Tesoro High School pool.

Contract Period 12-8-17 to completion
Contract Amount $17,895.57

This was listed in the Kitchell Report as a Priority I "Conditions in this category require immediate action to: a) correct a cited safety hazard"

California Code of Regulations 22 CCR Section 65547 requires that "All gas chlorination equipment shall be well maintained and operational at all times in accordance with section 3135B, Title 24, California Code of Regulations".

Note: Authority cited: Sections 116035, 116050 and 131200, Health and Safety Code. Reference: Sections 116040, 116043 and 131200, Health and Safety Code.

January 24, 2019 CUSD BOT Board Audio at 54:40

Trustee Hanacek asks why Tesoro High School is getting a new mechanical room control system when Dana Hills High has the same needs?

January 24, 2019 CUSD BOT Board Audio at 55:36

Clark Hampton, Deputy Superintendent of Business and Support Services responds that Tesoro system failed and had to be replaced.

The Kitchell report lists the following mechanical systems that are all at or near the end of their useful life, and like the "Tesoro System" will fail soon.

Domestic Water Distribution, and the following Potentially Critical items:

The inspections for the Kitchell Report were done almost a year ago so these would now be classified as Critical:

Heating Systems
Cooling Systems
Facility HVAC Distribution Systems
Ventilation
Detection and Alarm Systems

all of which are included in Education Code Section 17592(c)(1) definition of "Emergency Repairs"

CUSD has made the choice to give employees five consecutive years of across the board compensation increases totaling over $150 million rather than use that money to fix and maintain facilities. According to the Kitchell Reports CUSD has $189 million in "emergency" repairs and maintenance needs. See: Facilities Condition Assessment District wide Executive Summary Final Report

The following is supporting documentation for the compensation increases over the last 5 years that were obtained through a Public Records Request:

The District and CUEA have been at impasse and just announced a fifth consecutive year of across the Board Compensation Increases.

CUSD intentionally mis-represented this contract as a three year agreement that "provides stability" when in fact it is a retroactive agreement that does not provide any stability going forward.

Source: http://capousd-ca.schoolloop.com/file/1514016268920/1218998864154/1972865111805476129.pdf

II. CUSD states that in October and November 2017 CUSD had an outside independent inspector perform Facility Inspections Reports at each and every school. The results of the FIT inspections were used in completing the SARC reports.

CUSD made false statements on its SARC Reports and LCAP regarding facilities as documented below:

Tesoro High School SARC Report 2016-17 "GOOD" when the Kitchell report states the opposite.

The following source is from CUSDWatch: LCAP Annual Review- How did CUSD Do?

GOAL 3

Optimize facilities and learning environments for all students.

4 Measurable Outcomes

2 Actions

Measurable Outcome 1

Standards for facility maintenance (good repair) will be met.

FIT scores for all schools met Good repair standard. Five schools scored Exemplary.

That statement is false and the LCAP should be amended to reflect the real conditions of learning at CUSD.

CUSD hires NO NAME-ADRESS-PHONE NUMBER- "Facilities Inspection Services Incorporated" which does business as "CSC- Lawyers Incorporating Service"

Documentation: CUSDWatch- May 24, 2017 BOT Meeting Agenda Item #34 Districtwide Facilities Condition Assessment Services Proposal

Schools- irrespective of their actual conditions are marked "GOOD".

CUSD wants to pass a new school facilities bond so they hired Kitchell to study Ambuehl Elementary School as a test.

While Facilities Inspection Services incorporated showed "GOOD" on Ambuehl's SARC Report- Kitchell found the following:

The Kitchell Study found that Ambuehl has facilities that violate the Williams Settlement.

The legislation implementing the Williams settlement requires that every school district provide a uniform complaint process for complaints regarding insufficient instructional materials, unsafe or unhealthy facility conditions, and teacher vacancies and mis-assignments.

The findings of Kitchell would violate the Williams Settlement requiring that the State of California would not mandate that students attend Ambuehl Elementary School if the facilities were unsafe or unhealthy.

The Kitchell study found the following which would violate the Williams settlement and gave the school a rating of POOR:

General Buildings: Life safety, ADA, inadequate restroom quantity
Mechanical Systems: Poor condition, end of useful life, rust, corrosion. Two
units inoperable
Plumbing Systems: Inoperable water heater, water fountains, calcium build up
Electrical Systems: Switchgear & panels past useful life, lamp replacement
difficult, added receptacles required
Fire Alarm Systems: Panel in poor condition
Fire Sprinkler Systems: No fire sprinkler in main building

The Associated Costs of Immediate (Williams Complaint) Repairs: $990,954.00

CUSD has given employees across the board compensation increases totalling over $120 million dollars while forcing students and staff to attend a school that is "unsafe" and "unhealthy".

Measurable Outcome 2

Williams Act facilities inspections will reflect compliance

Kinoshita and Viejo elementary schools scored in Good repair status on the FIT.

Are they really Good? The Public won't know until Kitchell does a facilities report on them.

Measurable Outcome 3

Site discretionary supply accounts will return to baseline levels

Site discretionary supply accounts continued at baseline levels and were also enhanced with additional one-time money.

Measurable Outcome 4

Planning for implementation of anti-bullying/cyber-bullying curriculum.

Implemented Second Step (K-8) curriculum for bullying prevention.

In 2014-2015, there were 133 bully logs (107 founded, 26 unfounded).

In 2015-2016, there were 77 bully logs (53 founded, 24 unfounded).

There was a 42% reduction in bully logs.

Implemented Districtwide digital citizenship program.

Action 1

Ensure that facilities are clean, safe, and functional

Deferred maintenance 5000-5999: Services And Other Operating Expenditures Base $2,500,000 Budgeted $2,500.00 - On Budget

Routine Maintenance (Classified employees) 2000-2999: Classified Personnel Salaries Base $8,443,000 Budgeted $8,443.00 - On Budget

Routine Maintenance (services and supplies) 5000-5999: Services And Other Operating Expenditures Base $5,780,000 Budgeted $5,780.00 - On Budget

Implemented Prop. 39 grant plan to increase facility energy efficiency 6000- 6999: Capital Outlay State Defined $6,000,000 Budgeted $6,000.00 - On Budget

Facilities and Finance Committee $0

ON BUDGET

Ensured that facilities are clean, safe, and functional.

EPIC FAILURE AS EVIDENCED BY THE KITCHELL FACILITIES STUDY OF AMBUHL ELEMENTARY SCHOOL

Fully implemented deferred and routine maintenance.

Facilities Finance Committee met three times (February, March, and April, 2017) to discuss facilities and how the financing works.
This committee will continue in 2017-2018.

Asbestos

Condemed buildings on San Clemente Upper Campus

Action 2

Enhance learning environment and effectively address bullying and/or cyber bullying

Teacher training for Digital Citizenship/Cyber Bullying curriculum $0

Training for systematic bullying procedures $0

Planning for Districtwide anti-bullying curriculum $0

Campus Supervisor and Student Supervisor training 2000-2999: Classified
Personnel Salaries Base $7,551 Budgeted $5,000

OVER BUDGET $2,551

Compensation Increase $2,551

Enhanced learning environment and effectively addressed
bullying and/or cyber bullying.

Principals and Assistant Principals received training on bully prevention procedures in August, 2016.

Second Step (K-8) program was implemented (Skills for learning, empathy, emotional management, problem solving), as part of bullying prevention.

Campus Supervisors participated in Campus Security Training
(SB1626) in August 2016.

ANALYSIS

Describe the overall implementation of the actions/services to achieve the articulated goal

May 24, 2017 BOT Meeting Agenda Item #34 Districtwide Facilities Condition Assessment Services Proposal: page 346

RED FLAG: City of San Juan Capistrano and Ambuehl Elementary School Parents

Background:

CUSD hired Kitchell to do a facilities study on Ambuehl Elementary School as a test to see if they wanted to hire this company to do a full districtwide facilities condition assessment services proposal. This Agenda Item presents the results of the Ambuehl study and asks the Board to approve a contract in the amount of $599,744.75 to complete a districtwide facilities needs study. The $599,744.75 will be paid for out of the Deferred Maintenance Fund.

Kitchell
4179 Viewridge Avenue
Suite 130
San Diego , CA 92123
web site: http://www.kitchell.co

A BLUE CARD SHOULD HAVE BEEN PULLED

The Kitchell Study found that Ambuehl has facilities that violate the Williams Settlement.

The Kitchell study found the following which would violate the Williams settlement and gave the school a rating of POOR:

General Buildings: Life safety, ADA, inadequate restroom quantity
Mechanical Systems: Poor condition, end of useful life, rust, corrosion. Two
units inoperable
Plumbing Systems: Inoperable water heater, water fountains, calcium build up
Electrical Systems: Switchgear & panels past useful life, lamp replacement
difficult, added receptacles required
Fire Alarm Systems: Panel in poor condition
Fire Sprinkler Systems: No fire sprinkler in main building

The Associated Costs of Immediate (Williams Complaint) Repairs: $990,954.00

CUSD has given employees across the board compensation increases totalling over $120 million dollars while forcing students and staff to attend a school that is "unsafe" and "unhealthy".

CUSD hires NO NAME-ADRESS-PHONE NUMBER- "Facilities Inspection Services Incorporated" which does business as "CSC- Lawyers Incorporating Service"

Source at page 45 of 388:

Source: CA Secretary of State

Contract is being approved on the May 24, 2017 BOT Meeting as Agenda Item #4 page 51 of 388 for $41,880.00. Ambuehl Elementary has been given a "GOOD" on all SCARC reports from these Inspectors hired by CUSD.

Source: https://drive.google.com/file/d/0B7no0GfL-TcgWXBQVnVlYlJXVU0/view

Ambuehl Elementary School SACR Report:

This is also in contrast to the facilities requirements specified in CUSD's Measure M documentation which INFLATED the needed repair costs at Ambuehl stating that preliminary cost estimates were $14.6 million while Kitchell who did a "recent study" stated $8,432,518.00.

There is criminal activity going on within CUSD and a BLUE CARD should have been pulled for this consent item.

Source: CUSD Measure M Documentation for Ambuehl Elementary School

If the District truly intends to float a NEW Bond then the services of Kitchell will be valuable as CUSD has inflated the facilities needs cost on the November 2016 Measure M Bond by a criminal amount.

May 24, 2017 BOT Meeting Agenda Item #24 page 346

ANALYSIS

Describe the overall effectiveness of the actions/services to achieve the articulated goal as measured by the LEA.

NOT

AMBUEHL

ELEMENTARY

SCHOOL!

ANALYSIS

Explain material differences between Budgeted Expenditures and Estimated Actual Expenditures.

Campus Supervisor and Student Supervisor training 2000-2999: Classified Personnel Salaries Base was increased by $2,551

ANALYSIS

Describe any changes made to this goal, expected outcomes, metrics, or actions and services to achieve this goal as a result of this analysis and analysis of the LCFF Evaluation Rubrics, as applicable. Identify where those changes can be found in the LCAP.

SARC Reports need to be corrected to accurately reflect the condition of facilities. Uniform Complaints need to be filed on any school that has health and safety issues so that those can be fixed before a single penny is spent on Professional Development or increases to employee compensation.

CUSD does not HEAR the public. There is no "Community Engagement"

With the adoption of the 2017-18 Budget, CUSD will have given employees 5 straight years of across the Board compensation increases totaling over $150 million dollars. While students attend school with staff to student ratios that are not safe in facilities that have not been fixed or maintained for over 15 years. Core educational classes are paid for with one time fundraising and donations and are taught by parent volunteers creating wealth based inequities in the quality of education that all students receive in violation of state law.

The California Healthy Kids Survey is another method of Data mining students.

Source: CUSD Web Site

The California Healthy Kids Survey (CHKS) is a comprehensive youth health risk and resilience behavior data collection service available to all California districts, sponsored by the California Department of Education (CDE). It consists of a comprehensive survey instrument that assesses all major areas of health-related behavior, as well as a full-service survey support system to help districts collect and use CHKS data to improve prevention and health programs. At Capistrano Unified School District the survey is administered to 7, 9 and 11-grade students every other year in the Spring. The next time the survey will be administrated is in the Spring of the 2017-2018 school year.

Full Documentation can be found at: CUSD is Selling Student Data an Open Letter to Elected Leaders

III. CORRECTIVE ACTIONS/REMEDIATION

CUSD states "Although your Complaint did not identify emergency facility needs, be assured the District takes seriously its obligations to ensure the condition of its facilities does not pose a threat to the health and safety of pupils or staff while at school"

There is overwhelming documentation in the Kitchell Reports that disagree with this statement. Further CUSD's 5 -year Deferred Maintenance Plan shows that CUSD has no intention of fixing and maintaining mechanical equipment until it fails.

CUSD has an obligation to ensure that students attend class in facilities that are clean safe and functional. They have failed to protect the health and safety of Tesoro students by properly maintaining Tesoro High School facilities. As a result, I am appealing to the State of California to enforce the terms of the Williams Settlement.

Thank you for your time.

Dawn Urbanek