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APPEAL TO THE CALIFORNIA STATE DEPARTMENT OF EDUCATION

Williams Complaint: Capistrano Unified School District - Tesoro High School

APPEAL FILED: December 22, 2017

California Department of Education
School Facilities and Transportation Services Division
Attention: Juan Mireles, Director
1430 N Street, Suite 1201
Sacramento, CA 95814

Complaint was e-mailed to: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Diane Waters This email address is being protected from spambots. You need JavaScript enabled to view it. (916) 327-2884

Spoke with Corrine 12/22/17 at 10:40 Diane Waters is out of the office until January 2018.

STATEMENT OF RATIONALE FOR EMERGENCY APPEAL

There is a concern about air quality at Tesoro High School both inside the school, and outside on the sports fields, tennis courts and parking lots.

HVAC Systems

HVAC Systems:

1) are past their useful life,

2) have not been properly maintained,

3) have not been repaired or replaced in a timely manner.

The lack of a fully functioning, adequately maintained and properly repaired HVAC system compromises the health and safety of students and staff at Tesoro High School.

The district shows no intentions of replacing the HVAC System per the districts current Five Year Deferred Maintenance Plan.

Having a toll road graded less than 100' of Tesoro High Schools property boundaries without the required protective barrier subjects students and staff to fugitive dust from the construction of the Toll Road and On-site construction of a new modular building. 

This land has known pesticides and ordnance.

1) This was farmland that cultivated barley and other crops known to use pesticides. This land was also used for animal grazing.

2) This is land is part of the Old Trabuco Bombing Range which has yet to be fully cleaned up by the DOD and is known to have ordnance.

Health and safety issues from fugitive dust are of great concern when HVAC Systems are not functioning properly.

Air Filters

1. Due to the increase in fugitive dust from construction and grading of a Toll Road HVAC air filters should have been changed frequently.

2. Concern that HVAC air filters were properly maintained and changed in a timely manner over the past several years.

Soil Slippage and Structural Cracking 

1. A geotechnical inspection should be done to determine if structural damage is the result of innate soil issues, or the result of heavy equipment and construction so close to the the school. 

2. A November 1, 2017 Facilities Condition Assessment for Tesoro High School at page 7 indicated that:

Air Quality Issues Due to Elimination of Busing and Parking and Limited Parking Resulting in the Number of Cars Idling For Long Periods of Time During Pick Up and Drop Off.

1. This school has a single entrance and exit with long lines of cars waiting to pick up and drop off students and find parking. It should be noted that traffic studies for Tesoro from 1999 to 2001 are no longer valid.

STATEMENT OF FACTS

The Complaint was served on September 27, 2017

1. On September 9-28-28 a complaint was filed with the Capistrano Unified School District for allowing a Toll Road to be built within 100' of Tesoro High School without the required PROTECTIVE BARRIER, a 10' high 3,770 feet long wall.

A copy of that complaint is attached to this Appeal as Exhibit "A" and incorporated herein. 

2. The Complaint was e-mailed to Interim Principal Rich Bellante on 9-28-17. 

3. A Copy of the Complaint was also sent to Trustees. on 9-28-17

4.  A copy of this complaint was published in the local Patch on 9-27 17:

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - Laguna Niguel Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - Aliso Viejo Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District -Mission Viejo Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - Rancho Santa Margarita Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - San Clemente Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - San Juan Capistrano Patch

5. This complaint was beyond Interim Principal Rich Bellante's authority and should have been forwarded to CUSD within 10 working days: October 12, 2017 (or October 12, 2017 because CUSD does not take Columbus Day off October 9th) 

6. The District is required to investigate and valid complaints should be remedied within 30 working days from the date of the filing. The Complaint was required to be remedied by November 9, 2017. The Complaint has not been remedied as required. 

7. A resolution is sent to the complainant (and to the school district if the principal responds) within 45 working days from the date of the initial filing. A response was required by December 9, 2017.

8. CUSD has never responded so Complainant has 15 days from the required response date of December 9, 2017. The Appeal must be filed by December 24, 2017.

9. The Appeal was filved via e-mail on December 22, 2017.

 

Complainant is appealing to the State of California for a remedy.

10. CUSD has failed to respond to Complainant or remedy the Complaint and on this basis Complainant is filing this appeal to the State of California.

 

Additional Information since the filing of the initial complaint on 9-28-17:

11.  An additional Williams Complaint has been filed with CUSD on December 20, 2017. A copy is attached to this appeal as Exhibit "B". This complaint is based on a Facilities Assessment of Tesoro High School which shows that Tesoro High School has structural damage resulting from possible soil issues which may be related to the construction of a Toll Road less than 100' from the school.

12. In addition to the structural issues, the complaint shows that Tesoro facilities have $5,705,200 in EMERGENCY FACILITIES REPAIRS AND MAINTENANCE that rise to the level of a Williams Complaint:

Facilities issues include; but are not limited to:

Priority 1 Year 0-1
Roofing 140,500 
Horizontal Openings 3,400
Interior Partitions 600
Ceiling Finishes 3,600
Domestic Water Distribution 3,800
Special Facilities Components 11,200
Site Communications Systems 700,300

TOTAL EMERGENCY REPAIRS

Needed to be complete June 2018

$863,400

 

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

Priority 2 Year 1-2
Interior Partitions 300
Heating Systems 49,000
Colling Systems 1,242,800
Facility HVAC Distribution System 571,400
Ventilation 22,200
Detection and Alarm 15,500
Site Communications System 2,940,000

TOTAL EMERGENCY REPAIRS

Needed to be complete June 2018

- June 2019

$4,841,800

13. CUSD has failed to fix and maintain district facilities for over 15 years. At the same time CUSD has given employees 4- consecutive years of across the board compensation increases totaling over $120 million dollars. CUSD is currently at impasse with its employee groups.

14. On December 20, 2017 CUSD filed a law suit against the County of Orange the TCA and CalTrans regarding the Construction of the Oso Bridge Project. This is a separate, future project where construction has not yet started. This Williams Complaint is in regards to the grading of Los Patrones Parkway which is a separate project from the Oso Bridge Project. 

CUSD has failed to take any action to address the concerns generated by the Los Patrones Parkway aka F Street (241 Extension of the Toll Road).

The Complaint can be viewed at:  https://drive.google.com/file/d/1JllcH0TFEGz8n51fFiyhE1c44NknIwdr/view

Source: Oso Parkway Bridge Project Initial Study No. IP 15-252 June 2016

http://cams.ocgov.com/Web_Publisher/Agenda03_28_2017_files/images/O00817-000212A.PDF

 

Time Line:

CUSD has had constructive knowledge of  the Toll Road project within <100 feet of Tesoro High School (a sensitive receptor) since the Fall of 2016, and has CHOSEN NOT TO TAKE ANY ACTION to protect the health and safety of Staff and Students at Tesoro High School.

The law suit that has finally been filed as of December 20, 2017 ( one year later) does not address the Williams complaint filed in September 2017.

The lawsuit CUSD filed is against the County of Orange, the TCA and CalTRANS for the Oso Bridge project and is a separate project from the Los Patrones Parkway where the Rancho Mission Viejo Company is grading Los Patrones Parkway (to Toll Road specifications) less than 100' of Tesoro High School. 

The Rancho Mission Viejo Company is NOT named in the lawsuit because they are NOT part of the Oso Bridge Project and the Private Road- Los Patrones Parkway is not the subject of this law suit.

December 20, 2017 Press Release:

CUSD announces it will sue the County of Orange regarding Oso Bridge Project and Los Patrones Parkway Project

Note: The Lawsuit is only for Oso Bridge Project and does not include the grading of Los Patrones.

 

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.

 

EXHIBIT "A"

Williams Complaint Tesoro High School I

Date: 10-28-17

To: Interim Principal Rich Bellante

From: Dawn Urbanek

Re: Emergency Request: Williams Complaint against the Capistrano Unified School District for allowing a Toll Road to be built less than 100' from Tesoro High School.

_______________________________________________________________________

Dear Mr. Bellante-

Please find the attached Williams Complaint and supporting documentation. A copy of this complaint has been sent to Trustees. In addition, this complaint has been published in the following Patch's:

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - Laguna Niguel Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - Aliso Viejo Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District -Mission Viejo Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - Rancho Santa Margarita Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - San Clemente Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - San Juan Capistrano Patch

Remedies Sought:

Emergency Stop work order to clarify that measurements from CUSD property boundary to Toll Road are in compliance with EIR.

Request new Health and Safety risk studies for students and staff at Tesoro High School and Esencia K-8 (currently under construction).

Review of San Diego Water Board permit to confirm that it has not been violated.

No Toll Road within 100' of a school without the EIR required protective barrier 10' high wall, 3,700' long.

Thank you for your time.

Dawn Urbanek

cc: California Department of Education - Williams Complaints - filed electronically.

 

 

EMERGENCY REQUEST FOR STATE INTERVENTION

Grading of this road started in the fall of 2016.

Despite months of requests, the Capistrano Unified School District is doing nothing to protect the health and safety of Tesoro High School staff and students. As such I am filing this Williams Complaint, and making an emergency request for the State Board of Education to step in and protect the health and safety of staff and students.

The original EIR called for a Protective barrier: a 10' high wall 3,700' long.

THERE IS NO BARRIER!

The original EIR stated that the road was a minimum of 500' from the Tennis Court.

THE ROAD IS LESS THAN 100' FROM SCHOOL PROPERTY AND 400' FROM THE TENNIS COURT

 

 

Background:

June 28, 2017

June 28, 2017 CUSD BOT Meeting BOARD AND SUPERINTENDENT COMMENTS

Board Audio at 15:59 Superintendent Kristen Vital makes a statement re: 241 Toll Road Extension/Los Patrones Parkway. This statement contains false and mis-leading information as later confirmed in a discussion of Agenda Item #38.

 

June 28, 2017

June 28, 2017 CUSD BOT Meeting Oral Communications

Board Audio at 20:54 Dawn Urbanek

I question the Superintendents Statement.

 

June 28, 2017

June 28, 2017 CUSD BOT Meeting Agenda Item #38 page 736

Board Audio at 44:50 Mayor Kathy Ward City of San Clemente

Board Audio at 46:21 Taxpayer Dawn Urbanek - I take issue with Superintendent Kristen Vital's statements regarding the Toll Road.

Board Audio at 51:58 Superintendent Vital RE: Her remarks- she asks City Attorney to clarify what property CUSD owns near Tesoro. 

Superintendent Vital made false statements on the record - CUSD owns Parcel 82, therefore the Toll Road is less than 100 feet from CUSD's property boundary.

Despite approving this Resolution on June 28, 2017, CUSD has not taken any action to protect the health and safety of Tesoro students and staff. Three months after the execution of this Resolution there is not protective barrier, no new health risk studies have been requested and the confirmation of measurements has not been done.

Board Audio at 76:45 The Board Approves Resolution No. 1617-89 which opposes Toll Roads on or near our campuses. 6-1 (Trustee McNicholas voted No)

 

At the June 28, 2017 BOT Meeting the Attorney for CUSD stated on the record that the EIR's done for both Tesoro High School and Esencia K-8 were "FLAWED".

THE CAPISTRANO UNIFIED SCHOOL DISTRICT HAS AN OBLIGATION TO PROTECT THE HEALTH AND SAFETY OF STUDENTS BY IMMEDIATELY ASKING FOR HEALTH RISK STUDIES OF BOTH ESENCIA K-8 AND TESORO HIGH SCHOOL BASED ON THE FOLLOWING FACTS AS STATED BY CUSD's ATTORNEY ON THE RECORD.

 

TESORO HIGH SCHOOL:

The EIR identified Tesoro High School as a "Sensitive Receptor".

The EIR shows two roads- the 241 Extension and a separate FREE Arterial road Los Patrones Parkway.

The EIR states that the 241 Toll Road TERMINATES at Oso Parkway.

The EIR States that Los Patrones TERMINATES at Oso Parkway.

The EIR states that there is NO DIRECT CONNECTION BETWEEN THE 241 AND LOS PATRONES PARKWAY. 

The environmental review that was done was based on the facts stated above.

Based on the facts stated above, the EIR concluded that a protective barrier wall (10' high and 3,700' long) would need to be constructed in order to protect the school from noise and air pollution and ensure the health and safety of Tesoro students.

CalTrans, the County of Orange, the TCA and Rancho Mission Viejo behind closed doors shifted the alignment of the 241 Toll Road. They eliminated the FREE Los Patrones Parkway; and have completed grading of the 241 Toll Road in place of Los Patrones Parkway, and are now permitting a 5.5 mile Toll Road that extends the 241 from Oso parkway to Cow Camp Road.

The change in alignment constitutes a SUBSTANTIAL CHANGE that should have triggered both NEPA and a new CEQA.

New facts have come to light that show that the new alignment has placed the Toll Road less than 100' from Tesoro's property boundaries in some places.

The Capistrano Unified school district has an obligation to protect the health and safety of students and staff and therefore is required; to perform a new health risk study of Tesoro High School based on a Toll Road (not an arterial road) being constructed within 100' of the school.

 

ESENCIA K-8 SCHOOL:

The EIR for Esencia was based on a FREE Arterial Road being next to the school. There is a Toll Road being graded next to Esencia so again; as the attorney for CUSD stated, the testing is not valid and a new Health Risk Study should be performed for Esencia K-8.

I am requesting that CUSD place this item on the July 26, 2017 Board meeting for the purpose of having Trustees vote to approve new Health Risk Studies for Tesoro High School and Esencia K-8.

As supporting documentation please find the attached complaint filed with the Orange County Grand Jury.  

A copy of this request and the complaint has also be forwarded to the Orange County District Attorney.

Dawn Urbanek, CUSD taxpayer and students advocate.

 

Attachment: Grand Jury Complaint: https://cusdwatch.com/index.php/2-uncategorised/273-grand-jury-complaint

 

Due to the inaction of CUSD- I wrote to the County asking for a Temporary Stop Work Order so that measurements could be verified.

The County is choosing to ignore their responsibility to have ensured that a protective barrier was put in place BEFORE grading began. The original EIR called for a 10' high wall 3,700 long be built to ensure that staff and students would be protected from noise and pollution.

I made a second request which has remained unanswered. The COunty is no longer responding to Public Record Requests.

I also did a Public Records Request:

EIR required a "Protective Barrier"

 

  

CUSD July 26, 2017 BOT Meeting: Oral Communications Emergency Request Tesoro High School/ Toll Road Measurements

July 26, 2017 CUSD BOT Meeting ORAL COMMUNITAION

BLUE CARD: Dawn Urbanek

Board Audio at 26:24 

I read into the record my letters to the County of Orange asking for a Stop Work Order while measurements were verified.

 

August 23, 2017 

August 23, 2017 CUSD BOT Meeting CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Board Audio at 8:28

Trustees voted 7-0 to authorize Legal Counsel to initiate litigation against the County of Orange and related respondents who are in violation of the California Environmental Quality Act. 

It should be noted that to date no litigation or further action has been taken.

 

August 23, 2017 CUSD BOT Meeting Agenda Item #25 Citizens Request

This Item is for information/Discussion and Trustees had no intention of acting on this Item at this meeting.

 

BLUE CARD: Dawn Urbanek

Board Audio at 59:05

Trustees were e-mailed the following Document: CUSD sends the County of Orange a letter regarding Los Patrones Parkway Construction Project 

In the time available I spoke to Factual Correction #4

Factual Correction Number 4:

Clark is missing the point that the California Water Board denied the TCA discharge permits for the 241 Toll Road Extension on June 19, 2013. The TCA appealed and the denial was up-held on March 16, 2015. 

Source: California Regional Water Quality Control Board San Diego Region Resolution No. R9-2015-0022: Resolution Supporting Denial of Revised Tentative Order No. R9-2013-0007, Waste Discharge Requirements for Foothill/Eastern Transportation Corridor Agency, Tesoro Extension (SR 241) Project, Orange County.

So what the Ranch did was file an application for a wastewater discharge permit for F Street aka Los Patrones (a FREE arterial road). The permit that was granted was for the grading of Los Patrones as a Free Arterial Road and explicitly stated that this permit was NOT for the 241 Extension. 

Source: California Regional Water Quality Control Board San Diego Region. Order for Technically- conditioned Certification of Waste Water Discharge.

The Permit granted to the Ranch specifically states at page 2:

"The Applicant proposes to construct a new County of Orange arterial road called "F" Street that will extend approximately 5.5 miles from Cow Camp Road north to Oso Parkway, at the current terminus of State Route-241 (SR-241 ). In the future, "F" Street will be renamed to Los Rancho Mission Viejo - 2 - "F" Street from "A" Street to Oso Parkway Project Certification No. R9-2014-0144 June 4, 2015 Patrones Parkway. "F" Street is not the Tesoro Extension of SR-241 that was denied waste discharge requirements by the San Diego Water Board in 2013 (in the proceedings on Tentative Order No. R9-2013-0007) or a facility related to the SR-241 and the Tesoro Extension is not covered by this Certification. "F" Street will be operated by the County of Orange as a free road . "F" Street is proposed to be a County of Orange Rural Secondary Highway, modified to include a raised median and a future community trail on the west side. "F" Street supports development of the Applicant's Planning Area 2 and Planning Area 3 projects, provides an alternate route to Antonio Parkway, and improves vehicle throughput to the SR-241 . On June 24, 2014, the Orange County Board of Supervisors approved an agreement for Grant of Fee Credits with the Applicant, which will allow the County to grant fee credits to the Applicant and accept the road right-of-way and improvements if the Applicant constructs "F" Street.

As a modified Rural Secondary Highway, the roadway will consist of two twelve-foot through lanes, eight-foot shoulders in both directions, and a fixed median between approximately stations 1 05+00 and 230+00 that is 1 0-11 feet wide and widens to accommodate connections to "A" Street and Oso Parkway. South of "A" Street the median is up to 58 feet wide. "F" Street will have a design speed of 70 mph and a posted speed limit of 65 mph. This is consistent with the approved Letter of Geometric Alignment Recommendation and Geometric Approval Drawing referenced in the above-mentioned Fee Credit Agreement. At its northern terminus, "F" Street will connect to Oso Parkway at the at-grade existing intersections of the on and off-ramps from the SR-241. Local access to the north end of the Applicant's Planning Area 2 project from "F" Street will be via "A" Street, with access to "A" Street provided via a grade separated half-expressway-interchange, with access to and from the north. At its southern terminus, "F" Street will terminate at Cow Camp Road as an at-grade signalized tee intersection."

The Ranch lied in its application. The grading of a Toll Road instead of a Free Arterial Road violates the application which should stop all construction until a new environmental review is completed.

Based on this CUSD said they gave direction to Staff to pursue litigation against the County of Orange: 

Trustee McNicholas reread the report out of closed session:

 

While a Resolution has been passed in July, 2017; and Trustees authorized litigation in August 2017, it is the beginning of October and nothing has been done to protect the staff and students.

Board Audio at 65:21 Trustees make a statement about the Course CUSD is taking:

Trustees voted 7-0 to authorize Legal Counsel to initiate litigation against the County of Orange and related respondents who are in violation of the California Environmental Quality Act. 

 

cc: California Department of Education- Williams Complaints - filed electronically

 

 

 

EXHIBIT "B"

Williams Complaint Tesoro High  School II

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.

Re-sent e-mail to Superintendent Kristen Vital

Superintendent Kristen Vital's E-mail Bounced Back

 

Original e-mail:

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:

Priority 1 Year 0-1
Roofing 140,500 
Horizontal Openings 3,400
Interior Partitions 600
Ceiling Finishes 3,600
Domestic Water Distribution 3,800
Special Facilities Components 11,200
Site Communications Systems 700,300

TOTAL EMERGENCY REPAIRS

Needed to be complete June 2018

$863,400

 

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

Priority 2 Year 1-2
Interior Partitions 300
Heating Systems 49,000
Colling Systems 1,242,800
Facility HVAC Distribution System 571,400
Ventilation 22,200
Detection and Alarm 15,500
Site Communications System 2,940,000

TOTAL EMERGENCY REPAIRS

Needed to be complete June 2018

- June 2019

$4,841,800

 

 

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

BLUE CARD Dawn Urbanek

The Orange County Grand Jury issued a report titled: "Dealing with Asbestos in Orange County Public Schools".  In the report the Grand Jury made detailed recommendations to Orange County school districts to establish documented and transparent processes to comply fully with AHERA requirements, to establish disciplined contracting processes for safely removing asbestos and other hazardous materials, and to commit to plans to remove asbestos from all Orange County schools.

The Capistrano Unified School District was to submit a written response to the presiding judge no later than September 28, 2016.

"The District's practice for responding to Grand Jury requests is for Staff to respond on behalf of the Board, and then share the response with Trustees prior to the response deadline."

Staff responded to the Honorable Charles Margines in a written letter dated September 8, 2016. 

According to Agenda Item, Staff shared the written response with Trustees on September 16, 2016.

There was no Board meeting on September 16, 2016. September Board meetings were on September 14, 2016 and September 28, 2016. The Grand Jury Report was not on either agenda.

In December, the Grand Jury contacted CUSD asking if the response was from the District's governing body. 

This item was placed on the Consent Calendar and would have been approved without discussion if a member of the public had not pulled the Item.

I pulled the item, and expressed some, but not all of my concerns about Staff's response (due to a 3 minute time constraint).

AHERA Reports are to be kept at the District Office for public inspection- CUSD keeps them at the Facilities Office - a violation of Federal Law.

CUSD Staff state's that it cannot comply with the order to complete abatement within the next 20 years due to budget constraints. 

#1 CUSD has given employees over $120 million in across the board compensation increases over the past four years rather than fix and maintain facilities, and 

#2 According to an August 9, 2016 letter from Mayors Frank Ury and Tony Beal CUSD passed a Bond Measure for the specific purpose of fixing Asbestos issues, and did not spend the money as directed. 

CUSD Trustees ratified District's response anyway with a 6-0-1 vote (Trustee Hatton-Hodson absent) 

As a taxpayer, the only relief remaining was to send the information I tried to communicate to the Board to the Grand Jury. That information was sent on January 27, 2017. 

The full Statement and the August 9, 2016 letter from the Mayors is attached to this Item.

 

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.