TRACY — A grand jury report critical of the San Joaquin Delta College board of trustees may open the door for the college to build its south county campus, albeit a scaled-down version, in Tracy.

The seven-page report charges the board wasted millions of taxpayers' dollars and violated open-government laws by discussing closed-session matters outside its meetings, specifically regarding the college site in Mountain House.

Ted Simas, the only college trustee to return a phone call from the Herald, said the college continues to meet its contractual deadlines and has paid $1.1 million to the developer for infrastructure costs, yet there is "nothing'' at the proposed campus site currently.

"As of this day, we're being burned at Mountain House,'' Simas said. "If it was up to me, I would get out of there right now. If the Tracy deal was still on the table, I would be out of (Mountain House) in a heartbeat. I think any reasonable person would.''

In 2005, the city offered the college a 108-acre site, including all fees and infrastructure, which was estimated to cost upward of $10 million. The city also offered to limit Delta's costs and pay another $2 million for joint-use facilities. College staff estimated it could save as much as $50 million by selling the Mountain House property and accepting the Tracy offer, which was eventually rejected by the board.

Tracy Mayor Brent Ives said Delta is welcome at the table to discuss its


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needs.

He said the city has been marketing the property as a college site for a few years but doesn't want to risk relationships with other colleges it has been working with during that time.

"The deal points of the offer aren't there, but what we have as an asset hasn't changed,'' Ives said. "I think if (college district officials) were to come and want to start discussing with us again, I believe the council would be amenable to that.''

City Councilwoman Evelyn Tolbert thinks it would be wise if the two governing bodies began discussions again.

Tolbert said the college campus, with or without Delta, is going to be a "real plus'' for the city. She said the student population is growing into it, especially with a fifth high school under construction in Tracy and the area's sixth on the drawing board in Mountain House.

Tolbert said the city is committed to the college campus, with a master developer already on board, and Delta wouldn't face the "harsh infrastructure'' costs.

"My answer is 'yes,' '' Tolbert said. "You have to keep your eyes on the objective. If Delta wants to talk to us, I would be in support of that. The objective is for the youths to be served and to have access to educational facilities. We do have other partners, and I think a multientity campus would provide a much more diverse education plane for all the (students).''

At a closed-session meeting held by the board Feb. 9, 2006, the college's attorney and administrative team said a developer would be missing the deadline for delivery of letters of credit, resulting in a breach of contract. The board then discussed the possibility of returning to a deal offered by the city of Tracy to put the campus on the corner of 11th Street and Chrisman Road, according to the report.

The day after the closed-session meeting, the report says, phone calls and a faxed letter indicated that one or more board members had relayed confidential information about the "breach of contract'' discussion to the developer and his consultant.