Cardiff Elementary Schools: Vote Yes on Measure GG Bonds - San Diego County - 2016 general Election
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  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Commentary on Measure GG

Are you sure you want vote to support this extravagant measure? It has no accountability.

This campaign was designed by a member of the school bonds cartel. We figured out just the right words to get you to you to open up your checkbook.

We'd also like to introduce you to our partners -- bond lawyers, brokers, wealthy investors, architects, management firms, construction companies, and trade unions. We all stand to make a ton of money on these bonds. Our profits come right off the top, before a penny is actually spent on improving the facilities.

We're not just doing it for the money. We like to show off our work in Architectural Digest and other places where the rich and famous congregate.

Remember, we've taken a lot of risk. We gave money to get your governing board members elected, so they'd be sure to remember us when we came around for a hand-out later.

It's just business-as-usual, here in sunny Corruptifornia.

Please don't read the fine print. That's just put in by the lawyers to make what we're going to do to for you legal.

When you see highlighting in the documents below, it to see the commentary.

  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Measure GG Question

SCHOOL
CARDIFF ELEMENTARY SCHOOL

MEASURE GG To improve the quality of education with local funding that cannot be taken by the State; modernize/construct classrooms, restrooms and school facilities; ; renovate deteriorating plumbing and sewer systems; upgrade inadequate electrical systems; make health, safety, and energy efficiency improvements; and replace portables with permanent classrooms; shall Cardiff Elementary School District issue $22 million of bonds at legal interest rates, have an , and have NO money used for administrative or teacher salaries?

BONDS - YES
BONDS - NO

  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Impartial Analysis for Measure GG

COUNTY COUNSEL IMPARTIAL ANALYSIS

This measure was placed on the ballot by the governing board of the Cardiff School District ("District"). This measure, if approved by 55% of the votes cast on the measure, will authorize the District to issue and sell $22,000,000 in general obligation bonds. The sale of these bonds by the District is for the purpose of raising money for the District, and represents a debt of the District. In exchange for the money received from the bond holders, the District promises to pay the holders an amount of interest for a certain period of time, and to repay the bonds on the expiration date.

Voter approval of this measure will also authorize an annual tax to be levied upon the taxable property within the District. The purpose of this tax is to generate sufficient revenue to pay interest on the bonds as it becomes due and to provide a fund for payment of the principal on or before maturity.

Proceeds from the sale of bonds authorized by this measure may be used by the District for the construction, reconstruction, rehabilitation or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities.

The interest rate on any bond, which is established at the time of bond issuance, could not exceed 12% per annum. The final maturity date of any bond could be no later than 40 years after the date the bonds are issued as determined by the District.

The tax authorized by this measure is consistent with the requirements of the California Constitution. The California Constitution permits property taxes, above the standard one percent (1%) limitation, to be levied upon real property to pay the interest and redemption charges on any bonded indebtedness for, among other things, the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, when approved by 55% of the voters if:

N SD 311-061
PR-1361-GG-2
COUNTY COUNSEL IMPARTIAL ANALYSIS (CONTINUED)

(1) the proceeds from the sale of the bonds are used only for the purposes specified,

(2) the District, by evaluating safety, class size reduction, and information technology needs, has approved a list of specific projects to be funded,

(3) the District will conduct an annual, independent performance audit, and

(4) the District will conduct an annual, independent financial audit.

If a bond measure is approved, state law requires the District to establish an independent citizens' oversight committee. The District has made this ballot measure subject to these requirements.

Approval of this measure does not guarantee that the proposed projects in the District that are the subject of these bonds will be funded beyond the local revenues generated by this measure.

A "YES" vote is a vote in favor of authorizing the District to issue and sell $22,000,000 in general obligation bonds.

A "NO" vote is a vote against authorizing the District to issue and sell $22,000,000 in general obligation bonds.

  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Argument in Favor of Measure GG

N SD 311-062
PR-1361-GG-3

ARGUMENT IN FAVOR OF MEASURE GG

Our schools are the most important assets in our community and should be our highest priority. Quality schools improve student achievement, prepare students for an innovative future, create a greater sense of community and increase property values. Our teachers and staff do an exceptional job educating our Cardiff children. However, many classrooms and buildings in the Cardiff Elementary School District are outdated and do not adequately provide students with the opportunities they deserve to reach their full potential.

The District's first school, Cullen School, was built in 1913. Thirty-seven years later, it was rebuilt as our current Cardiff School. Ada Harris, our second school was first built in 1960 and was rebuilt 42 years later in 2002. Cardiff School classrooms and buildings are now between 55-65 years old and no longer meet 21st century safety, education, and technology standards. With more than 100 years of success in providing quality education, the time has come to rebuild Cardiff School.

Voting YES on Measure GG will:

  •  Replace leaking roofs, deteriorating plumbing, electrical, and sewer systems
  •  Make energy efficiency improvements
  •  Replace deteriorating, temporary portable classrooms
  •  Make health and safety improvements, including security and earthquake retrofits
  •  Construct new classrooms and other school facilities to replace 55-65-year old buildings

Measure GG makes financial sense and protects taxpayers:

  •  By law, spending must be reviewed and audited annually by an independent citizens' oversight committee.
  •  All bond funds must be spent locally and cannot be taken by the State.
  •  Funds are required to be spent only on schools, not for administrator or teacher salaries.

Measure GG rebuilds old and inadequate classrooms and school facilities, improves the education of local children, and maintains the quality of our community. That's something we can all support. Please join us and VOTE YES ON MEASURE GG!

Endorsements

MARK WHITEHOUSE,
President, Cardiff School Board

JOHN NAJJAR
Owner, Cardiff Seaside Market

ROB MACHADO
Founder, Rob Machado Foundation

TRISH d'ENTREMONT
President, Cardiff Elementary Teachers Association

HANEY HONG
President and CEO, San Diego County Taxpayer's Association

  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Rebuttal to Argument in Favor of Measure GG

N SD 311-063
PR-1361-GG-4

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE GG

Cardiff Property Owners

BEWARE

The proposed Cardiff School Bond is ill conceived, completely unnecessary and a waste of taxpayer money.

The Cardiff School District's ballot argument failed to appropriately address the following facts:

  •  That a viable alternative to the Districts facilities improvement plan exists that requires no new bonds.
  •  That the District is currently 30% overbuilt.
  •  That student enrollment has continued to decline to just 716 students.
  •  That the District could someday close Cardiff Elementary and move all students to Ada Harris.
    1. A. Improve efficiency
    2. B. Reduce Costs
      1. 1. Administration, operation and maintenance
    3. C. Provide District income potential.
  •  That structures the District now wants to demolish were modernized just 13 years ago with 2000 bond money and taxpayers still have 9 more years to pay to retire this bond.
  •  That property owners would face triple taxation, if another Cardiff bond is passed.
  • 1. High property taxes to pay for operations and facilities

    2. Modernization costs of 2000 bond

    3. Demolition and rebuilding costs in 2016 bond

  •  That the cumulative repayment costs of all bonds is significant.
  • 1. With the proposed 2016 Cardiff and MiraCosta bonds, the 5,000 District property owner's school bond obligation will probably double from today's already substantial school tax assessments.

Bond Year Approved Original Amounts
  • 
Cardiff 2000 $11 million
  • 
San Dieguito High 2012 $450 million
  • 
Cardiff 2016 $22 million
  • 
MiraCosta 2016 $455 million
Total $938 million

 

The overall taxpayer repayment cost, including principle and interest, could approach $2 billion.

Stop the Waste
Vote No on Measure GG

DIETMAR E. ROTHE PH.D.,
Technical Director, Citizens for Quality of Life (CQL)

MARIE DARDARIAN
Past President Park Place Bluffs HOA

ROBERT BONDE
President Encinitas Taxpayers Assoc.

JERRY PETERS
Pres. Of the Cardiff Taxpayers Assoc.

WILLIAM H. FAIRCHILD
President Cardiff Kids

  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Argument Against Measure GG

N SD 311-064
PR-1361-GG-5

ARGUMENT AGAINST MEASURE GG

Vote No on Measure GG

The proposed new Cardiff Elementary School Facility Bond is unnecessary and a total waste of taxpayer's money. No legitimate justification has been presented for heaping $22 million ($46 million with interest) more in debt on local taxpayers. The District is wealthy. Its facility problems are management problems, not money problems.

The District has historically made building maintenance a low priority. Consequently, facility concerns abound. The District's maintenance consultant recommended that approximately 9% of its income be allocated to building maintenance. The District only budgeted 1%. Not one of the District's 106 employees is dedicated exclusively to performing building maintenance and repair.

Rather than spending its operating money correcting Cardiff School problems, the District is proposing the demolition of structurally sound, fully functional buildings and rebuilding them using a massive new bond tax on property owners.

Be aware, the buildings scheduled for demolition may have been built in the 1950s and 60s but they are not old. They were modernized, at great taxpayer expense, to meet the District's strict education program/specification standards and accepted just 13 years ago. Building repairs and air conditioning can be completed with District money on hand or budgeted.

According to District standards space is available for 30% more students than currently enrolled. Therefore, the District could/should remove the portable classrooms from both schools and not replace them.

The cumulative fiscal impacts of multiple school district improvement bonds on property owners is staggering. If both the proposed MiraCosta and Cardiff 2016 bonds pass and their fees added to the 2012 San Dieguito and the outstanding 2000 Cardiff bond fees, Cardiff School District taxpayers will be obligated to pay off their share of approximately $2 billion in school bond taxes over the next 30 years.

Stop the waste - Vote No on Measure GG

DIETMAR E. ROTHE, PH.D.
Technical Director, Citizens for Quality of Life (CQL)

MARIE DARDARIAN
Past President Park Place Bluffs HOA

WILLIAM H. FAIRCHILD
President Cardiff Kids

JERRY PETERS
President of the Cardiff Taxpayers Assoc.

ROBERT BONDE Ed. D
Past President Cardiff Town Council

  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Rebuttal to Argument Against Measure GG

N SD 311-065
PR-1361-GG-6

REBUTTAL TO ARGUMENT AGAINST MEASURE GG

Quality schools are key to providing an excellent education, preserving property values, and maintaining our great community.

Don't be misled by arguments against Measure GG.

Consider the facts:

FACT: The District has successfully maintained classrooms and facilities for students for decades dedicating a substantial portion of its budget annually to keep classrooms in good condition. However, severely outdated schools need major renovations, upgrades, and new construction; not minor maintenance. 55 to 65-year-old classrooms and facilities ARE old and have long outlived their useful lives.

FACT: The last local school improvement measure was approved by over 80% of Cardiff voters to rebuild a school that was 42 years old. Today's classrooms and buildings that will be replaced are 55 to 65 years old.

FACT: The District conducted extensive community research process to determine what's best for Cardiff kids and taxpayers. The District worked with the San Diego County Office of Education, conducted surveys of registered voters and parents, held focus group meetings, and presented the proposal to the San Diego County Taxpayers Association. The overwhelming feedback from the community is to rebuild Cardiff School.

FACT: The typical Cardiff homeowner will see an increase of approximately $10/month to improve local schools. This is affordable, not "staggering", and a prudent, long-term investment in our community's greatest assets - local children and the schools they attend.

For over 100 years, Cardiff children have received a quality education in clean, modern, and safe schools. The time has come to reinvest in those schools.

Vote YES on Measure GG!

Endorsements

GAIL KING (EWING),
Owner, Cardiff Kids Cottage Preschool

PETE NAJJAR
Owner, Cardiff Seaside Market

CHRIS MACHADO
Former Trustee, Cardiff School Board

RICK CASSAR
Professor, San Diego Miramar College / Trustee, Mira Costa College

JON COHEN
President, Cardiff Soccer / Author / Journalist

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Full Text of Measure GG

Exhibit A - 1

EXHIBIT A

BALLOT MEASURE
FULL TEXT OF MEASURE

This proposition may be known and referred to as the Cardiff School District General Obligation Bond of 2016, or Measure ____.

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Cardiff School District (the "District") shall be authorized to issue and sell bonds of up to $22 million in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List below, and in order to qualify to receive State matching grant funds, subject to all of the accountability safeguards specified below.

ACCOUNTABILITY SAFEGUARDS

The provisions in this section are specifically included in this proposition in order that the District's voters and taxpayers may be assured that their money will be spent wisely to address specific facilities needs of the District, all in compliance with the requirements of Article XIII A, Section 1(b)(3) of the State Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Education Code Sections 15264 and following).

Evaluation of Needs. The Board of Trustees hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.

Limitation on Use of Bond Proceeds. The State of California does not have the power to take locally approved school district bond funds for any State purposes. The Constitution allows proceeds from the sale of bonds authorized by this proposition to be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities listed in this proposition, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses. when performing work on or to the bond projects.

Independent Citizens' Oversight Committee. The Board of Trustees shall establish an independent Citizens' Oversight Committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are spent only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date on which the Board of Trustees enters the election results on its minutes.

Annual Performance Audits. The Board of Trustees shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List.

Exhibit A - 2

Annual Financial Audits. The Board of Trustees shall conduct an annual, independent financial audit of the bond proceeds (which shall be separate from the District's regular annual financial audit) until all of those proceeds have been spent for the school facilities projects listed in the Bond Project List.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board of Trustees shall take actions necessary pursuant to Government Code Section 53410 and following to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent or the Chief Business Official of the District (or such other employee as may perform substantially similar duties) shall cause a report to be filed with the Board no later than December 31 of each year, commencing December 31 of the year in which bonds are first issued, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as such officer shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

FURTHER SPECIFICATIONS

Specific Purposes. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100, and shall constitute the specific purposes of the bonds, and proceeds of the bonds shall be spent only for such purposes, pursuant to Government Code Section 53410.

Joint Use. The District may enter into agreements with the County of San Diego, or other public agencies or nonprofit organizations for joint use of school facilities financed with the proceeds of the bonds in accordance with Education Code Section 17077.42 (or any successor provision). The District may seek State grant funds for eligible joint-use projects as permitted by law, and this proposition hereby specifies and acknowledges that bond funds will or may be used to fund all or a portion of the local share for any eligible joint-use projects identified in the Bond Project List or as otherwise permitted by California State regulations, as the Board of Trustees shall determine.

Rate of Interest. The bonds shall bear interest at a rate per annum not exceeding the statutory maximum, payable at the time or times permitted by law.

Term of Bonds. The number of years the whole or any part of the bonds are to run shall not exceed the legal limit, though this shall not preclude bonds from being sold which mature prior to the legal limit.

BOND PROJECT LIST

The Bond Project List below describes the the Cardiff School District proposes to finance with proceeds of the bonds. Listed projects will be completed at each school site according to Board-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. Certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured. Until all project costs and funding sources are known, the Board of Trustees cannot determine the Exhibit A - 3 amount of bond proceeds available to be spent on each project, nor guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Completion of some projects may be subject to further government approvals or appropriation by State officials and boards, to local environmental review, and to input from the public.

Projects for Cardiff School include:

  • Replace outdated roofs.
  • Renovate or replace existing deteriorating plumbing, drainage, and sewer systems.
  • Upgrade inadequate electrical systems including power and low voltage to meet current electrical and accessibility codes, increase capacity, and relieve overloaded systems.
  • Improve energy efficiency by replacing old and energy inefficient heating, ventilation, and air conditioning (HVAC) systems, windows, and lighting systems; also, install cost-effective systems including "green" building projects and sustainable building practices to promote energy-efficiency (e.g., Energy Management Systems (EMS), solar, electrical, etc.).
  • Replace aging temporary portable classrooms with new classrooms.
  • Replace outdated classrooms that are now between 55-65 years old with new classrooms
  • Construct new restrooms.
  • Construct a new multipurpose room and warming kitchen to replace the current 55 year old building.
  • Make health, safety, and security improvements, such as improve student drop-off and pick-up areas, upgrade campus fencing, and renovate/retrofit the "brick building".
  • Replace or upgrade fire alarm systems, fire safety equipment, and emergency exit lighting improvements.
  • Replace campus wide intercom and telecommunication systems, clocks, and upgrade wireless systems and internet/network connections.
  • Improve handicapped accessibility by making Federal and State-mandated Americans with Disabilities Act (ADA) accessibility upgrades and as mandated by the Division of the State Architect (DSA) including site access, parking, restrooms, relocation of some existing electrical devices, drinking fountains, playground equipment, etc.
  • Upgrade, renovate and improve library/computer lab, art/science lab, and school office building to be integrated with the newly constructed school facilities.
  • Upgrade and improve playgrounds and playfields for school and community use; preserve existing mature trees and other landscaping where possible.
  • Resurface, repair, and/or replace paved surfaces, play court areas, turf, and other grounds to eliminate safety hazards and improve outside instructional areas.

Projects for Ada Harris School include:

Exhibit A - 4

  • Improve energy efficiency by replacing old and energy inefficient heating, ventilation, and air conditioning (HVAC) systems and lighting systems; also, install cost-effective systems including "green" building projects and sustainable building practices to promote energy-efficiency (e.g., Energy Management Systems (EMS), , electrical, etc.).
  • Replace aging temporary portable classrooms.
  • Replace or upgrade fire alarm systems, fire safety equipment, and emergency exit lighting improvements.
  • Replace campus wide intercom and telecommunication systems, clocks, and upgrade wireless systems and internet/network connections.

Miscellaneous District-wide Projects

  • Abate and remove hazardous materials identified prior or during construction.
  • Address unforeseen conditions revealed by construction/modernization (such as water, sewage or gas line breaks, dry rot, seismic, structural, etc.).
  • Other site improvements required to comply with existing building codes, including the Field Act, and access requirements of the Americans with Disabilities Act.
  • Necessary preparation/restoration in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, preserving, or installing irrigation, utility lines (such as gas lines, water lines, electrical lines, sewer lines, and communication lines), trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property.
  • Rental or construction of storage facilities and other space on an interim basis, as needed to accommodate construction materials, equipment, and personnel, and interim classrooms (including relocatables) for students and school functions or other storage for classroom materials displaced during construction.
  • All work necessary and incidental to specific projects described above, including demolition of existing structures.

The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the list also includes the acquisition of a variety of instructional, maintenance and operational equipment, including the and interim funding incurred to advance fund projects from the list; installation of signage and fencing; , environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects. The budget for each project is an estimate and may be affected by factors beyond the District's control. The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Proceeds of the bonds may be used to pay or reimburse the District for the costs of issuing the bonds. Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code 53410.

The Bond Project List shall be considered a part of this ballot proposition, and shall be reproduced in any official document required to contain the full statement of the bond proposition.

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Measure GG Tax Rate Statement

TAX RATE STATEMENT

An election will be held in the Cardiff School District (the "District") on November 8, 2016 to authorize the sale of up to $22,000,000 in general obligation bonds. The following information is submitted in compliance with Sections 9400-9404 of the California Elections Code.

1. The best estimate of the tax rate that would be required to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $.02575 per $100 ($25.75 per $100,000) of assessed valuation in fiscal year 2017-18.

2. The best estimate of the tax rate that would be required to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $.02575 per $100 ($25.75 per $100,000) of assessed valuation in fiscal year 2020-21.

3. The best estimate of the highest tax rate that would be required to fund this bond issue, based on estimated assessed valuations available at the time of filing this statement, is $.02575 per $100 ($25.75 per $100,000) of assessed valuation. This vote is projected to apply in each fiscal year that the bonds are outstanding.

4. The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold will be approximately $45,952,885.

These estimates are based on projections derived from information obtained from official sources. The actual tax rates and the years in which they will apply may vary depending on the timing of bond sales, the amount of bonds sold at each sale and actual increases in assessed valuations. The timing of the bond sale and the amount of bonds sold at any given time will be determined by the needs of the District. Actual assessed valuations will depend upon the amount and value of taxable property within the District as determined in the assessment and the equalization process.

Dated: July 7, 2016

Jill Vinson
Superintendent
Cardiff School District

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Measure GG Agenda Description

Agenda of July 7, 2016 (complete item)

III. GENERAL FUNCTIONS

A. Approve revised resolution 15-16-18 of the Board of Trustees of the Cardiff School District ordering an election to authorize the issuance of School Bonds, establishing specifications of the election order, and requesting consolidation with other elections occurring on November 8, 2016

A

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Measure GG Resolution

RESOLUTION NO. 15-16-18
REVISED JULY 7, 2016

RESOLUTION OF THE BOARD OF TRUSTEES OF THE CARDIFF SCHOOL
DISTRICT ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF
SCHOOL BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION
ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS
OCCURRING ON NOVEMBER 8, 2016

WHEREAS, in the judgment of the Board of Trustees (the "Board") of the Cardiff School District (the "District"), it is advisable to call an election to submit to the electors of the District the question whether bonds of the District shall be issued and sold for the purpose of raising money for the acquisition or improvement of real property, and the furnishing and equipping of school facilities; and

WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIII A, Section 1, paragraph (b), of the California Constitution ("Article XIII A") provides an exception to the limit on ad valorem property taxes on real property for bonded indebtedness incurred by a school district approved by 55 percent of the voters of the district voting on the proposition; and

WHEREAS, the Board is specifically authorized, upon approval by a two-thirds vote of the Board, to pursue the authorization and issuance of bonds by a fifty-five percent (55%) vote of the electorate on the question whether bonds of the District shall be issued and sold for specified purposes, pursuant to Education Code Section 15264 et seq. (the "Act"); and

WHEREAS, pursuant to the California Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, November 8, 2016, and to request the San Diego County Registrar of Voters to perform certain election services for the District; and

NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Cardiff School District the following:

Section 1. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold in the maximum principal amount of $22 million for the purpose of raising money to finance school facilities and property of the District, and paying costs incident thereto, as set forth more fully in the ballot proposition approved pursuant to Section 3. This Resolution constitutes the order of the District to call such election.

Section 2. Election Date. The date of the election shall be November 8, 2016, and the election shall be held solely within the boundaries of the District.

Section 3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the voters in the District to vote on a proposition, a full copy of which is -2- attached hereto and marked Exhibit A, containing the question of whether the District shall issue the Bonds for the purpose stated therein, together with the accountability requirements of Article XIII A and Government Code Section 53410 and the requirements of Section 15272 of the Act. The San Diego County Registrar of Voters (the "County Registrar") is requested to print the Full Text of Measure contained on Exhibit A in the sample ballot pamphlet. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto and marked as Exhibit B. The Superintendent or designee is hereby authorized and directed to make any changes to the text of the proposition or this resolution as required to conform to any requirements of Article XIII A, the Act, or the San Diego County Registrar of Voters.

Section 4. Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Education Code and Section l, paragraph (b), subsection (3), of Article XIII A. The authority for the specification of this election order is contained in Section 5322 of the Education Code.

Section 5. School Facilities Projects. As required by Article XIII A, the Board hereby certifies that it has evaluated safety, class size reduction, enrollment growth, and information technology needs in developing the list of school facilities projects set forth on Exhibit A.

Section 6. Covenants of the Board upon Approval of the Bonds by the Electorate. As required by Article XIII, Section 15278 of the Act, and Government Code Section 53410, in the event 55 percent of the voters voting in the District approve of the Bonds, the Board shall:

  1. 1. conduct an annual, independent performance audit to ensure that the funds have been expended only on the projects listed in Exhibit A;
  2. 2. conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the school facilities projects listed in Exhibit A;
  3. 3. establish and appoint members to an independent citizens' oversight committee in accordance with Sections 15278, 15280, and 15282 of the Act;
  4. 4. apply the bond proceeds only to the specific purposes stated in the ballot proposition;
  5. 5. cause creation of accounts into which bond proceeds shall be deposited; and
  6. 6. cause the preparation of an annual report pursuant to Government Code Sections 53410 and 53411.

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Section 7. Additional Covenants of the Board.

  1. 1. The District will promote fair and open competition for all District construction projects so that all contractors and workers, whether union or non-union, are treated equally in the bidding and awarding of District construction contracts. The District, prior to any discussion and/or vote of a resolution to negotiate a project labor agreement, shall inform district taxpayers 90 days in advance, via public notice, of any board discussion and/or vote. Acceptable forms of public notice shall be: District newsletter, District website home page, posting on social media sites, and Board public email distribution list. If the item is on an agenda the agenda item shall be communicated within the body of an email to the distribution list.
  2. 2. The District will not authorize the sale of any form of Capital Appreciation Bonds or Convertible Capital Appreciation Bonds without review by the District's citizens' bond oversight committee. All annual assessed value growth assumptions within any proposed financing will be the lesser of (a) the average of the past ten years or (b) 5%.
  3. 3. In order to maximize community benefit and efficiently apply taxpayer dollars, the District shall demonstrate a good faith effort to pursue all practical opportunities to expand community joint use facilities in every new or expanded construction project. In pursuing joint use , the District's goal will be to maximize the use of facilities to the broader community without adversely impacting operations or finances. Examples of appropriate joint use provisions for incorporation into construction plans include but are not limited to new and expanded library facilities, recreational/physical-education facilities, computer labs, meeting rooms, and childcare and health care facilities. The elected Board shall direct staff to implement the following procedure:
    1. a) Prior to the obligation of funds for new facilities expansion or construction, a joint use implementation certification shall be presented to the Independent Citizens' Oversight Committee and approved by the elected board.
    2. b) The joint use implementation certification shall include the following minimum information:
      1. i. Project description
      2. ii. A list and description of joint use elements that could potentially be incorporated into the project
      3. iii. A list of agencies and organizations contacted regarding potential joint use elements, including description of how agencies and organizations were contacted
      4. iv. For each agency or organization contacted:
        1. a. Joint use development criteria discussed or developed for the project
        2. b. Equity of contribution considerations discussed or developed for the project

In addition, it is the intention of the elected board to make official, policy level contacts with overlapping public jurisdictions in order to make joint-use and the efficient application of -4- taxpayer dollars a priority of all agencies serving within their boundaries. Agencies contacted should include, but not be limited to: adjacent cities, County of San Diego, Community College Districts, and Transit agencies.

Section 8. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to the County Registrar and the San Diego County Clerk of the Board of Supervisors.

Section 9. Consolidation of Election. The County Registrar and the San Diego County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 8, 2016, within the District.

Section 10. Ballot Arguments; Tax Rate Statement. Any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument. The Superintendent, President of the Board, or their designees, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot.

Section 11. Elections Code. Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of San Diego County, is requested to permit the Registrar of Voters to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the District agrees to reimburse San Diego County in full upon presentation of a bill, such services to include the mailing of the sample ballot and tax rate statement (described in Section 9401 of the Elections Code).

Section 12. Agreement. The Superintendent is authorized and directed to execute the agreements on file with Jones Hall, A Professional Law Corporation, which firm is appointed hereby to perform bond and disclosure counsel services in regard to the Bonds, and Isom Advisors, a Division of Urban Futures Inc. which firm is appointed to perform financial advisory services in regard to the Bonds.

Section 13. Effective Date. This revised resolution shall take effect on and after its adoption.

PASSED AND ADOPTED by the Board of Trustees of the Cardiff School District the 7th day of July, 2016.

Signed: ______________________________________________
Clerk

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CLERK'S CERTIFICATE

I, Nancy Orr, Clerk of the Board Trustees of the CARDIFF SCHOOL DISTRICT, hereby certify that the foregoing is a full, true, and correct copy of Resolution 15-16-18 adopted at a regular meeting place thereof on the 7th day of July, 2016, of which meeting all the members of said Board of Trustees had due notice and at which a majority thereof were present, and that at said meeting said resolution was adopted by the following vote:

AYES: ________

NOES: ________

ABSENT: ________

ABSTENTIONS: ________

An agenda of said meeting was posted at least 72 hours before said meeting at Cardiff, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda.

I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing resolution is a full, true and correct copy of the revised resolution adopted at said board meeting and entered in said minutes; and that said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect.

Dated: _____________, 2016

_________________________________________
Clerk of the Board of Trustees of the
CARDIFF SCHOOL DISTRICT

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