Administration Building

OC Weekly sees through the thin veneer of high test scores and exposes the real reform issues in CUSD

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Daffodil Altan, OC Weekly "The more time I spend in CUSD, the more I realize the topography of its network of campuses is not so out of line with what's going on at district headquarters. The place where schools are so different (and some would say, inequitably so) from one another that you'd think you were in two separate districts is also the place where administrators are indicted (ex-superintendent James Fleming and ex-assistant superintendent Susan McGill), the Brown Act is violated, test scores are sky-high, board members are recalled and students sue their teachers-a factual landscape that is too good to be duplicated in fiction."

Altan is a reporter for OC Weekly.

Former Trustee John Casabianca changes his testimony and joins Marlene Draper in dishing out district doublespeak

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Seema Mehta, The Los Angeles Times "Former Trustee John Casabianca initially testified that the timing of the [contractor] settlement, which occurred as district critics were gathering recall signatures, also played a role. But after consulting his attorney, Casabianca said the board kept the settlement confidential on the advice of its lawyer, and not because of the recall attempt."

So, first, Casabianca swears the timing of the settlement was about the recall and, then, he swears it wasn't. Plausible? Hardly. But OK under the advice of CUSD's attorneys! Guess that's why we taxpayers pay those legal beagles the big bucks.

Draper reveals yet another excuse for not discussing the peoples' business in public

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Seema Mehta, The Los Angeles Times "During the meeting, the board agreed to settle a potential lawsuit with the general contractor for the district's new $35-million headquarters. The district paid the firm an extra $3.8 million and signed the settlement during a closed-session meeting in August. Although potential litigation legally can be discussed during closed session, prosecutors questioned why once the matter was settled it was not made public. Lubinski asked why the district was trying to "hide" the cost overrun and deemed the superintendent evaluation meeting "a secret board meeting.” Draper said the board discussed in closed session that the payment should not be made public because it could make it easier for other district contractors to drive up prices."

Thanks for the explanation, Marlene. At least now we can all rest easy knowing that the improper concealment of your financial mismanagement wasn’t your only purpose when you violated the state’s open meetings law.

Smith's plans for the new administration building

Sam Miller, The Orange County Register "Trustees Monday voted to lease out one of three wings in the new administration building. The decision will raise about $338,000 annually, which will go to older schools for facilities improvements. The district will consolidate its operations into the building's center wing and northernmost section. About 15,000 square feet in the southern section will be rented out. No tenant has been identified. Smith said the district will grow into the building."

Some residents had criticized the 126,000-square-foot building as too large for the district, and it was at the heart of a failed recall effort in 2005. School district officials moved in a year ago. Miller is the South Orange County education reporter for The Orange County Register.

Smith addresses overspending and dangerously low reserves, confirming recall advocates claim that CUSD is a district in crisis

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Dennis Smith, The Orange County Register "At 2 percent, every decision is a crisis."

Reform advocates have exposed CUSD's financial mismanagement and corruption for years, often referring to CUSD as "a school district in crisis." Smith is the interim Superintendent of the Capistrano Unified School District.


Admin building was a catalyst for the recall campaign

Seema Mehta, The Los Angeles Times "Construction of the center was controversial in 2005, when community members and parents grew increasingly critical of the board's decision to build it while hundreds of classes were being held in aging trailers. The center was a catalyst for a recall attempt against the district's seven trustees. The recall failed to make the ballot, but three recall advocates were elected in November."

Mehta is a reporter for The Los Angeles Times.

Admin building controversy is just one of many to plague CUSD in recent years

Seema Mehta, The Los Angeles Times "The administrative center is just one of the controversies to dog the district in recent years. Although many of the district's 56 schools are ranked among the state's best, other brouhahas have included an Orange County Grand Jury probe; a raid of district headquarters by the district attorney; the resignation of its longtime superintendent after accusations he kept an "enemies list"; and disputes over attendance boundaries, a high school's location and portable classrooms."

Mehta is a reporter for The Los Angeles Times.

Recall advocates said decision to lease showed that building the admin building was wrong, other options should be considered

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Tom Russell, The Los Angeles Times "This absolutely shows that the recall reform advocates were right, that this building was not necessary."

District critics called the construction of the three-building complex unnecessary and extravagant. Reform advocates pointed out the false dilemma presented by the district - the old administrative facilities vs. the extravagant new Taj Mahal, without any consideration of alternatives like those modeled by other, more prudent school districts. The excesses of the new administration building are now clear - it is both extravagant and physically excessive. The district should call for a thorough, independent feasibility study to consider alternatives that are more prudent and fair to everyone, such as a sale/leaseback arrangement or a sale and relocation of operations to unused or under-utilized facilities in the district (a sensible option chosen by other award-winning, but more prudent Orange County school districts). Russell is the spokesman for the CUSD Recall Committee.

Smith touts admin building pros but ignores cons and prudent alternatives

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Dennis Smith, The Los Angeles Times "The district's Education Center is a valuable asset and a good investment for the future. We now have the flexibility to use this building for important school support purposes and to lease additional available space to provide extra funds for our schools."

District officials continue to promote the Fleming rationale for the new building - consolidation of operations, expansion needs for the next ten years - and a new twist by Smith - lease revenue from the portion of the building to be given to schools in the district. There was no mention of a comprehensive feasibility study to consider more prudent alternatives or any discussion about district-wide priorities and proper allocation of limited capital resources -- just plans to stay in the overbuilt facility until the district grows into it over the next ten years. Smith is the Superintendent of the Capistrano Unified School District.

CUSD will lease a third of its $52 million Taj Mahal for $400,000 per year

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Jonathan Volzke, The Capistrano Dispatch "Capo Unified officials intend to lease about one-third of their new Valle Road headquarters, using the income for facilities improvements at schools in San Juan Capistrano and Mission Viejo -- areas that contributed to the building's construction cost. New Superintendent Dennis Smith said the district will actually operate more effectively in the smaller space, and the lease could generate up to $400,000 a year. The construction of the building, which will cost more than $50,000,000 with interest, was one of the sparks that ignited the recall fire."

Volzke is the publisher of the Capistrano Dispatch.

Smith plans to lease entire wing of Taj Mahal & consolidate operations, calls $52 million admin building a "good investment"

Sam Miller, The Orange County Register "New Superintendent Dennis Smith said the move will earn the district about $338,000 annually, which he will then distribute to older schools to use as they please for facilities upgrades. The district will consolidate its operations into the building's center wing and northernmost section. The southernmost section will be rented out ... Smith, though, said it was a good investment and its size will be needed as the district grows in the coming decade."

Miller is the South Orange County education reporter for The Orange County Register.

CUSD has made Mission Viejo a donor city for school projects elsewhere, unfair to the children and taxpayers of Mission Viejo

Sharon O’Brien, The Orange County Register “Mission Viejo has been a donor city to this school district for years and the result has been new and improved facilities elsewhere and a Taj Mahal of a district office. Meanwhile, high school parents have to raise funds to get the theater that every other CUSD high school already has, and elementary and middle school families have to send their children to some of the oldest and most neglected schools in the district.”

O’Brien is a CUSD parent and resident of Mission Viejo.

RSM city council made tax audit of CUSD top priority after discovering proof CUSD misinformed the community

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Tony Beall, Trabuco Canyon News "For years, the Capistrano Unified School District had insisted they were going to pay for their luxurious new $52-million administration building in San Juan Capistrano with redevelopment monies from that City. However, despite repeated public denials, in November 2006, in the face of overwhelming evidence to the contrary, CUSD leaders were forced to admit they had been providing “misinformation” to our residents. In fact, the CUSD leadership now admitsted they arewere diverting millions of Mello-Roos tax dollars from Rancho Santa Margarita and other south Orange County cities to pay for this massive office building in San Juan Capistrano. As a result of these serious misrepresentations, our City Council made auditing the CUSD Mello-Roos payments its highest priority."

Beall is the Mayor of the City of Rancho Santa Margarita.

Trustees to consider millions in budget cuts, leasing out district office space to raise $400,000 per year

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Jonathan Volzke, The Capistrano Dispatch Capo Unified Trustees on Monday [May 7] will consider how to cut millions of dollars to balance their budget. Also on the agenda: leasing out district office space to raise $400,000 a year. The meeting is at 7 p.m. at district offices on Valle Road."

Volzke is the publisher of the Capistrano Dispatch.

Trustees owe public an explanation for the lies they told or condoned

Barbara Casserly, The Capistrano Dispatch “Now is the time for the CUSD Trustees to explain to the public why they lied, or allowed lies to be promulgated repeatedly by Jim Fleming. Time after time, publication after publication, the public was informed that the funds for the administration building were restricted to bricks and mortar in San Juan Capistrano. Prominent members of the public continue to believe that every dime for the new administration building could only be used for an administration building in San Juan Capistrano.”

Casserly is a Mission Viejo resident and PTA leader.

Fleming spins to justify Taj Mahal with more dishonest rhetoric

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James Fleming, Dana Point News "While we strive to keep our non-classrooms expenditures as low as possible, a growing public school district requires an adequate facility for well-trained support employees to provide instructional, fiscal, technological and maintenance help to our campuses."

Fleming tries to justify the district's new administration building with half-truths that completely ignore the gross inequity of cramming students into substandard portables while splurging on administrative faciliites that aren't just nice, but according the press, is probably the nicest in the entire State of California (KCET, Life & Times) or even the country (ABC 20-20). Fleming is the Superintendent of the Capistrano Unified School District.

Fleming confirms selfish, misplaced priorities of trustees and staff

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James Fleming, Dana Point News "The CUSD Board of Trustees has taken a certain amount of heat for its decision, six years ago, to proceed with a comprehensive solution for housing student support services needed for a growing district. That decision was foresighted then, and even more so today."

So, Fleming admits that six years ago, while the district was beginning a series of deficit budgets and student overcrowding and facilities deficiencies had become a crisis at schools like Capistrano Valley High School, CUSD was developing a "comprehensive" plan for its new administration building. During the CUSD Recall campaign in 2005, Trustee Marlene Draper tried to cover for CUSD's embarrassing, decrepit portable classrooms, telling the press that the district had a "strategic plan" to remove them - a plan that was at least two years old. Of course, Interim Superintendent Charles McCully later confirmed that no such strategic plan existed and, to add insult to injury, immediately following the recall campaign, the Trustees showed their true colors by voting unanimously to pay for a study to maximize portables at every campus in the district. Even if Draper had been telling the truth about the "strategic" plan for the kids, it wouldn't have held a candle to the "comprehensive" six-year plan the trustees and staff dishonestly and secretly carried out for the new administration building. Fleming is the Superintendent of the Capistrano Unified School District.

Fleming publishes CUSD's dishonest admin building spin, lies about savings, CSR and funding source

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James Fleming, Dana Point News "I am happy to say goodbye to our leases for five separate buildings scattered throughout our 195-square-mile district, especially as CUSD will now recapture $550,000 annually in lease payments for use to cover instructional-related programs such as third-grade class-size reduction. The new offices are owned by the district; the $35 million cost is paid with funds restricted to brick-and-mortar projects within the City of San Juan Capistrano."

The district kept the leases anyway, putting Fresh Start children into the old administration building they said was too dangerous for administrators due to possible train derailments; the $550,000 they expected to "recapture" was offset by more than $1 million in annual interest payments for the financing of the new administration building; and Associate Superintendent Dave Doomey later admitted that the "restricted" construction funds story was a lie. Fleming is the Superintendent of the Capistrano Unified School District.

If possible, admin building should be sold and money spent on facilities and supplies for the children

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Pat Plepler, Dana Point News "Money once spent cannot be unspent ... unless ... unless ... that grand edifice could be sold to some large business venture and, following that, the "support staff" put in Quonset huts. (Many of you will not remember Quonset huts; others never heard of them at all. Springing up during World War II, they were somewhat like the temporary buildings we use for classrooms, only even more temporary.) As for the money recovered from the sale of the fancy new building, put it where it is most needed, and no, I don’t mean teacher’s salaries. I mean things to directly benefit kids, like decent, clean buildings, large enough to accommodate as many as needs be, with lockers for all, books for all, a library in each. From all that I read, hear, and observe, we have top notch teachers here."

Guest columnist Plepler is a Dana Point resident.

Many thought the proposed great expense of the new admin building was a joke

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Pat Plepler, Dana Point News "Many of us raised eyebrows when the expenditure for the administration building was first announced, while thinking they were surely joking. But no, all jokes aside, while Junior walked to school toting a heavy load of books each day, to attend classes in a temporary building, the "supers" enjoyed their grandiose dreams."

Guest columnist Plepler is a Dana Point resident.

Smollar enlightens Erin Kutnick that no amount of PR could overcome facts of CUSD wrongdoings

David Smollar, The Capistrano Dispatch "Unfortunately, no communicator on Earth could stem community anger that built from genuine controversies over attendance boundaries, school overcrowding in Rancho Santa Margarita, machinations concerning San Juan Hills High and Dennis Gage, and the scope of an expensive new education center. As to the new center, maybe Kutnick could offer me suggestions on how to be a better communicator, when for more than three years Fleming never told me that the cost would be covered almost half through Mello-Roos fees, not solely from redevelopment funds from San Juan Capistrano. You may learn someday, Erin Kutnick, that your communication is only as good as the truth of the information given you by the people you have to trust for the truth. I learned about the center’s complicated financing only after real journalists filed public records requests for funding details."

Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

Critics right, district admits lies about admin building funding but says "move on" with no accountability

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Editorial, The Orange County Register "Another source of frustration for parents supporting the recall was the district’s spending of $35 million on a bluff-top administration building, even as many schools in the district were stuck with inadequate portable classrooms. That seemed to epitomize the mentality at the district under Mr. Fleming’s reign. Critics had argued that funds for the headquarters were coming from Mello-Roos fees paid in various cities, and that such money should not be used for an administration building. District officials responded that the building was paid for with redevelopment funds from San Juan Capistrano. At a meeting Nov. 28 organized by Mr. McCully to account for the district’s school construction and renovation program – itself, a good idea that promotes openness and accountability – the district admitted the critics were right. “[CUSD] officials acknowledged for the first time ... that they had misled the public about how they would pay for a new administration building, but urged the public to move on now that the correct information has been revealed,” the Register reported."

Enormous salary increases paid to two of CUSD's worst offenders

Mike Winsten, Trabuco Canyon News “CUSD provided three enormous salary increases to two of CUSD’s most controversial deputy Superintendents -- Dan Crawford and David Doomey. ... Doomey (who many believe is the person most responsible for creating the CUSD portable classroom crisis) admitted CUSD had provided “misinformation” to the public as to how CUSD would fund the new $52,000,000 administration office ... During the recall, Crawford was roundly criticized for publishing a letter in the O.C. Register that grossly understated the total number of portable classrooms actually utilized by CUSD.”

Trustees tried to conceal settlement involving millions in illegal, closed session

Mike Winsten, Trabuco Canyon News “The minutes from the illegal July 30, 2005 CUSD closed session meeting which were published in the O.C. Register reveal that Draper attempted to conceal the terms of a multi-million dollar settlement with the construction contractor for the infamous $52,000,000 administration building. Despite the fact that CUSD had a “Guaranteed Maximum Price” contract with Valley Commercial Contractors to construct the building, CUSD agreed to pay an additional $3.8 million in settlement costs without any public explanation.”

Smollar testifies that Fleming lied about consultant Mike Eggers and the funding sources for the new administration building

Deposition of David J. Smollar, Lackey vs. CUSD, p. 137 "Q There's a sentence, and I'll read it to you, "I no longer believe myself capable of communicating a true picture of CUSD." Why did you write that? A Because of what had occurred both with the lying on Eggers, the lying about his voucher, and the fact that the superintendent was still writing in his -- or dictating in his documents that the funding was redevelopment money, it could only be used for, you know, limited purposes, I mean, we were still trying to pedal that line."

Former CUSD Communications Director Smollar testifies that the district lied to cover up illegal express advocacy in its hiring of political consultant Mike Eggers at taxpayer expense, and to cover up the truth about the financing of the new administration building with its "redevelopment funds" lies.

Subcontractor says CUSD payment delays among worst in 30 years

Russ Patterson, Laguna Niguel News "...the district’s delays ‘are among the worst’ in his 30 years of working with public agencies.”

Patterson comments on the district's refusal to pay $1.6 million to various contractors in connection with the construction of the new administration building. Patterson is president of The Patterson Company, a subcontractor that did $310,000 in masonry work on the project, which has been completed and occupied by the district for several months.

Doomey admits public was misled, but takes no responsibility as public is told to "move on"

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Dave Doomey, The Orange County Register "Twice, Doomey was asked Tuesday why the public was misled. 'It was misinformation that was provided. It was corrected this evening,' Doomey said. 'But why,' somebody asked. 'I can’t answer that question,' he said, and moved on, despite insults hurled from the back of the room."

Associate Superintendent Doomey was finally forced to admit that the district had lied about the funding sources for the new administration building, but he continued to stonewall parents who wanted explanations for this deceitful conduct, avoiding all blame or accountability and, in essence, expecting offended constituents, who had been deceived about the spending of tens of millions of tax dolars, to simply "trust" him and the district ... again.