OC District Attorney Summarizes

In a nine page letter to CUSD Trustees and Superintendent, the OCDA has touched on the legal and procedural issues that arise from the San Juan Hills High School site decisions. A summary of the basic problem in this site decision is provided:

On May 9, 2008, less than two months later, this office sent another letter to CUSD notifying it that it was not in compliance with applicable Education Code regulations in the erection of athletic facilities at its San Juan Hills High School, in proximity to an operating pipeline transmitting flammable fluids under high pressure. The letter pointed out that although CUSD was in possession of evidence of the existence of the pipeline in 2001, two years before it purchased the site, it failed to conduct a risk analysis until 2004, a year after the purchase. The consequent report, finding no appreciable risk turned out to be flawed in that it was based on inaccurate and incorrect information.

This office advised CUSD of the flawed report and the resultant failure to comply with applicable Education code Regulations before referring the matter to the state Department of Education for further review and action. We also pointed out in that letter that, paradoxically, CUSD had declined the acquisition of a nearby site (reportedly less costly) on the basis that a similar pipeline ran through it, when in fact that pipeline had been abandoned and was not in use, a condition which a reasonably diligent inquiry should have disclosed. (Although not yet the subject of a complaint to this office, the reason for this and in fact the entire process governing the acquisition of the San Juan Hills site is a matter that the new Board majority may wish to thoroughly investigate in addition to the issue involving the pipeline.)

I concur. The entire original process by which CUSD acquired the SJHHS site should be investigated. A formal complaint regarding the site acquisition process is necessary to trigger an investigation.