Chula Vista Elementary Schools: Vote Yes on Measure VV Bonds - San Diego County - 2018 general Election
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  Welcome    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure VV Campaign

#HonestBallots Movement

Your San Diego County Registrar of Voters printed and circulated ballots for this measure that didn't conform to the law. The registrar ignored our Notice and Demand to follow the law. The legislature makes this a crime. (See: How 25 County Registrars Committed A Crime.)

If you want to get really steamed up about the collusion between your Registrar and Chula Vista Elementary Schools to lie and cheat in order to steal your taxes, you can read the letter for yourself.

Do you want to give this district a Thanksgiving surprise? Please call or text me (with #HonestBalllots, San Diego, 0608610, and your name) at 909-378-5401 right now for details. It's urgent and very time-sensitive.

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.

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

Measure VV Question

Page 11 of 24
Agenda Item 8.E.
June 20, 2018

EXHIBIT "A"

"To make school safety, security, technology and energy efficiency improvements; repair, construct, acquire and equip classrooms and educational facilities and reduce overcrowding; and replace aging plumbing, sewer and electrical systems shall Chula Vista Elementary School District issue $150 million in bonds at legal rates, levy $0.02 per $100 of assessed valuation (raising an average of $10 million annually) while bonds are outstanding, with taxpayer oversight, annual audits and no projected increase in the District's current bond tax rate?"

Yes
No

The following statement was prepared in the hope the legislature would suspend the law (AB-195) that required districts to inform you of the amount of taxes for which you're voting. It's all about deceiving the voters. The school bonds cartel has no shame. It just wants your money. The ends justify the means.

One of the notorious budget trailer bills was amended in May to allow the district to keep you in the dark. Unfortunately for them, Dan Walters got wind of it and castigated the legislature for their sleazy and unscrupulous conduct. The budget trailer bill never came to a vote before the August 10 filing deadline. So the issue is moot.

Page 18 of 24
Agenda Item 8.E.
June 20, 2018

EXHIBIT "C"

"To make school safety and security improvements; repair, construct, acquire, equip and replace classrooms and educational facilities to improve facilities and reduce overcrowding; implement energy saving measures; improve technology; and replace aging plumbing, sewer and electrical systems; shall Chula Vista Elementary School District issue $150 million in bonds at legal rates, with taxpayer oversight, annual audits, all funds spent locally and no projected increase in the District's current bond tax rate?"

Yes
No

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

Impartial Analysis for Measure VV

COUNTY COUNSEL IMPARTIAL ANALYSIS

This measure was placed on the ballot by the governing board of the Chula Vista Elementary School District ("District"). This measure, if approved by 55% of the votes cast on the measure, will authorize the District to issue and sell $150,000,000 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 bondholders, the District promises to pay the bondholders 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 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:

  1. (1) the proceeds from the sale of the bonds are used only for the purposes specified,
  2. (2) the District evaluates safety, class size reduction, and information technology needs to approve a list of specific projects to be funded,
  3. (3) the District conducts an annual, independent performance audit to ensure funds have been expended on the specific projects listed, and
  4. (4) the District conducts an annual, independent financial audit of bond proceeds.

N SD 562-087
PR-1371-2
COUNTY COUNSEL IMPARTIAL ANALYSIS (CONTINUED)

Additionally, if the 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 legal requirements.

Approval of this measure does not guarantee that the specific projects listed by the District will be funded by the sale of the bonds.

A "YES" vote is a vote in favor of authorizing the District to issue and sell $150,000,000 in general obligation bonds.

A "NO" vote is a vote against authorizing the District to issue and sell $150,000,000 in general obligation bonds.

N SD 562-088

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

Argument in Favor of Measure VV

PR-1371-4

ARGUMENT IN FAVOR OF MEASURE VV

Vote YES on Measure VV!

Without increasing current tax rates, Measure VV will allow Chula Vista Elementary School District to repair, upgrade and protect our schools.

Measure VV will provide for locally controlled funding for repairs and improvements in classrooms at schools throughout the District. These repairs will include:

  •  Upgrading and improving building security and communication systems, including new fire alarm systems, security cameras, perimeter fencing, and access gate improvements to restrict site access
  •  Renovation and replacement of classrooms to reduce overcrowding
  •  Modernizing technology throughout the District to provide for a 21st century learning environment
  •  Replacing windows, enhancing clean energy systems, HVAC, and lighting to improve classrooms while lowering operating costs

Measure VV will also protect taxpayers by:

  •  Qualifying our local school projects for state matching fund eligibility
  •  Extending rather than raising current tax rates paid by District property owners
  •  Prohibiting funds from going to administrators' salaries, pensions, or benefits
  •  Imposing tough legal safeguards requiring all monies to be spent on our local schools
  •  Prohibiting the State from taking the funds and spending them in other districts

Vote YES on Measure VV to ensure our schools continue offering students the education they need to compete in the modern world.

Vote YES on Measure VV for independent taxpayer oversight and independent financial audits.

Vote YES on Measure VV to build safer schools, improve student achievement, and protect property values.

To build better and safer schools, improve student achievement and protect property values, please join business leaders, teachers, parents, guardians, grandparents, and neighbors in voting YES on Measure VV.

David Bejarano
Retired Police Chief,
Chula Vista

Christopher Carroll
Retired Principal

Cheryl Cox
Former Mayor of the City of Chula Vista

Pablo Velez
CEO and Sr. VP. Sharp Chula Vista Hospital

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

Argument Against Measure VV

ARGUMENT AGAINST MEASURE VV

No argument against the measure was filed in the office of the Registrar of Voters.

N SD 562-090

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

Full Text of Measure VV

Page 12 of 24
Agenda Item 8.E.
June 20, 2018

EXHIBIT "B"

FULL TEXT BALLOT PROPOSITION
OF THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 6, 2018

The following is the full proposition presented to the voters by the Chula Vista Elementary School District.

"To make school safety, security, technology and energy efficiency improvements; repair, construct, acquire and equip classrooms and educational facilities and reduce overcrowding; and replace aging plumbing, sewer and electrical systems shall Chula Vista Elementary School District issue $150 million in bonds at legal rates, levy $0.02 per $100 of assessed valuation (raising an average of $10 million annually) while bonds are outstanding, with taxpayer oversight, annual audits and no projected increase in the District's current bond tax rate?"

PROJECT LIST FOR THE BOND MEASURE

Description of Projects. The Board of Education of the Chula Vista Elementary School District evaluated the facility needs for the District's schools. The Board has determined that critical facilities needs exist at 46 of its schools and at the District's Education Service and Support Center and its Transportation Yard. The Board has established a list of projects to be financed at these schools and District facilities. The District conducted a facilities needs assessment and received input in developing the project list. The Board has prioritized the key health and safety needs so that the most critical facility needs are addressed. The Board has concluded that if these needs are not addressed now, the problems will only become more pressing.

The facilities, improvements and equipment to be financed by the bonds to be issued by the District include the modernization, replacement, renovation, construction, acquisition, equipping and furnishing of the facilities of the District located at the schools and sites listed below.

Anne and William Hedenkamp Elementary School
Arroyo Vista Charter School
Burton C. Tiffany Elementary School
Castle Park Elementary School
Chula Vista Hills Elementary School
Chula Vista Learning Community Charter School
Clear View Elementary School
Page 13 of 24
Agenda Item 8.E.
June 20, 2018
Corky McMillin Elementary School
Discovery Charter School
District Transportation Center
EastLake Elementary School
Education Service and Support Center
Ella B. Allen Elementary School and Ann Daly Academy
Enrique S. Camarena Elementary School
Fred H. Rohr Elementary School
Greg Rogers Elementary School
Halecrest Elementary School
Harborside Elementary School
Hazel Goes Cook Elementary School
Heritage Elementary School
Hilltop Drive Elementary School
J. Calvin Lauderbach Elementary School
John J. Montgomery Elementary School
Joseph Casillas Elementary School
Juarez-Lincoln Elementary School
Karl H. Kellogg Elementary School
Liberty Elementary School
Lillian J. Rice Elementary School
Loma Verde Elementary School
Los Altos Elementary School
Mae L. Feaster Charter School
Myrtle S. Finney Elementary School
Olympic View Elementary School
Otay Elementary School
Palomar Elementary School
Parkview Elementary School
Robert L. Mueller Charter School
Rosebank Elementary School
Saburo Muraoka Elementary School
Salt Creek Elementary School
Silver Wing Elementary School
Sunnyside Elementary School
Thurgood Marshall Elementary School
Valle Lindo Elementary School
Valley Vista Elementary School
Veterans Elementary School
Vista Square Elementary School
Wolf Canyon Elementary School

Page 14 of 24
Agenda Item 8.E.
June 20, 2018

The projects to be financed at each of the school facilities and sites listed above fall into four categories including safety and security, infrastructure, technology and enhanced energy efficiency as further described below:

  • ? Safety and security improvements including new fire alarm systems, security camera and door hardware improvements, along with perimeter fencing and access gate improvements.
  • ? Renovation of existing classrooms including new flooring and painting.
  • ? Site improvements including resurfacing of existing exterior hard courts, parking area improvements, and concrete walkway repairs and improvements to meet Americans for Disability Act access requirements.
  • ? Energy efficiency measures include, but are not limited to, new LED lighting, HVAC replacement, and window replacement to improve classroom environments while lowering operating costs.
  • ? Renovation and replacement of modular classroom space for current and future program needs.
  • ? Modifications to space for program support for RSP; school psychologists, counselors and therapists, including dedicated offices, conference rooms, and other administration support areas.
  • ? Increases to data streaming and storage capacity.
  • ? Replacement of play apparatus and rubberized play surfaces.
  • ? Other capital improvements to existing campuses.
  • ? Replacement of existing and installation of new shade structures.

The projects to be financed at the District's Education Service and Support Center and its Transportation Yard include the following:

  • ? Relocation of Transportation Department to the Maxwell Corporate Yard.
  • ? Expansion of existing cooler/freezer storage along with overall facility improvements to Children Nutrition Services.
  • ? Addition of a new data center and improvements to overall bandwidth throughout District.
  • ? Updates to and refurbishment of the District's Education Service and Support Center to meet staffing space needs for program growth and enhancement.

Whenever specific items are included in the list above, they are presented to provide an example and are not intended to limit the generality of the broader description of authorized projects.

Page 15 of 24
Agenda Item 8.E.
June 20, 2018

Implementation of Construction Program. Listed projects, repairs, improvements, rehabilitation projects and upgrades will be completed only as needed, and the listing of projects does not imply a particular prioritization among such improvements. Projects may be done in phases, based on Board of Education priorities. Listed projects may be completed at any and all District schools, sites and education buildings where such project is determined necessary. Decisions regarding the scope, timing, prioritization or other facets of project implementation will be made solely by the Board of Education by subsequent action. Where terms such as "renovation," "replacement," "modification," "addition," and "refurbishment" are used in the foregoing Project List for the Bond Measure, the Board of Education shall determine the best method for accomplishing the project's objective. For any listed project involving renovation or modernization of all or a portion of a building, the District may proceed with new replacement construction instead (including any necessary demolition), if the District determines that replacement and new construction is more practical than renovation or modernization, considering the building's age, condition, expected remaining life, comparative cost, and other relevant factors.

Each project financed will include its share of architectural, engineering, and similar planning costs, program management, project or construction management, a contingency for unforeseen circumstances, offsite/utility connection costs, and interim housing. Projects also may include the payment of the costs of preparation of all facility planning, facility assessment reviews, environmental studies, construction documentation, plan check, inspection and permit fees, and the acquisition of improvements on the project list that are financed by the District on an interim basis through temporary loans, leases, leaseleaseback, or lease-purchase arrangements.

The District intends to apply for State matching funds for certain of the projects to be financed. In the absence of such funding, the District may not be able to undertake some of the projects listed above. Approval of this proposition does not guarantee that the proposed projects that are the subject of this proposition will be funded beyond the local revenues generated by this proposition. The District's receipt of matching State funds will be subject to appropriation by the Legislature and approval of a statewide bond measure. In the absence of State matching funds, which the District will pursue to reduce the District's share of the costs of the projects, the District may not be able to complete some of the projects listed above.

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 are finalized, construction bids 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.

Page 16 of 24
Agenda Item 8.E.
June 20, 2018

Bond proceeds shall be expended only for the specific purposes identified herein. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to the projects being financed.

FISCAL ACCOUNTABILITY REQUIREMENTS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers in the District may be assured that their money will be spent only to address specific facilities needs of the District all in compliance with the requirements of Article XIIIA, Section I (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 hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the project list contained in this ballot proposition.

Independent Citizens' Oversight Committee. The Board shall establish an Independent Citizens' Oversight Committee pursuant to Education Code Section 15278 and following to ensure Bond proceeds are expended only on the projects listed in this ballot proposition. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board.

Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the Bond proceeds have been expanded only on the projects listed in this ballot proposition.

Financial Audits. The Board shall conduct an annual, independent financial audit of the Bond proceeds until all of those proceeds have been spent for the projects listed in this ballot proposition.

Special Bond Proceeds Account: Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited which will be a Building Fund to be held by the San Diego County Treasurer, as required by the California Education Code. As long as any proceeds of the bonds remain unexpended, the Superintendent of the District shall cause a report to be filed with the Board annually 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 the Superintendent shall determine and may be incorporated in the annual budget, audit, or another appropriate routine report to the Board.

Page 17 of 24
Agenda Item 8.E.
June 20, 2018

FURTHER SPECIFICATIONS

No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the repair, construction, reconstruction, rehabilitation or replacement of school facilities including the furnishing and equipping of District schools and facilities or 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.

Page 19 of 24
Agenda Item 8.E.
June 20, 2018

EXHIBIT "D"

FULL TEXT BALLOT PROPOSITION
OF THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 6, 2018

The following is the full proposition presented to the voters by the Chula Vista Elementary School District.

"To make school safety and security improvements; repair, construct, acquire, equip and replace classrooms and educational facilities to improve facilities and reduce overcrowding; implement energy saving measures; improve technology; and replace aging plumbing, sewer and electrical systems; shall Chula Vista Elementary School District issue $150 million in bonds at legal rates, with taxpayer oversight, annual audits, all funds spent locally and no projected increase in the District's current bond tax rate?"

PROJECT LIST FOR THE BOND MEASURE

Description of Projects. The Board of Education of the Chula Vista Elementary School District evaluated the facility needs for the District's schools. The Board has determined that critical facilities needs exist at 46 of its schools and at the District's Education Service and Support Center and its Transportation Yard. The Board has established a list of projects to be financed at these schools and District facilities. The District conducted a facilities needs assessment and received input in developing the project list. The Board has prioritized the key health and safety needs so that the most critical facility needs are addressed. The Board has concluded that if these needs are not addressed now, the problems will only become more pressing.

The facilities, improvements and equipment to be financed by the bonds to be issued by the District include the modernization, replacement, renovation, construction, acquisition, equipping and furnishing of the facilities of the District located at the schools and sites listed below.

Anne and William Hedenkamp Elementary School
Arroyo Vista Charter School
Burton C. Tiffany Elementary School
Castle Park Elementary School
Chula Vista Hills Elementary School
Chula Vista Learning Community Charter School
Clear View Elementary School
Corky McMillin Elementary School
Discovery Charter School Page 20 of 24
Agenda Item 8.E.
June 20, 2018
District Transportation Center
EastLake Elementary School
Education Service and Support Center
Ella B. Allen Elementary School and Ann Daly Academy
Enrique S. Camarena Elementary School
Fred H. Rohr Elementary School
Greg Rogers Elementary School
Halecrest Elementary School
Harborside Elementary School
Hazel Goes Cook Elementary School
Heritage Elementary School
Hilltop Drive Elementary School
J. Calvin Lauderbach Elementary School
John J. Montgomery Elementary School
Joseph Casillas Elementary School
Juarez-Lincoln Elementary School
Karl H. Kellogg Elementary School
Liberty Elementary School
Lillian J. Rice Elementary School
Loma Verde Elementary School
Los Altos Elementary School
Mae L. Feaster Charter School
Myrtle S. Finney Elementary School
Olympic View Elementary School
Otay Elementary School
Palomar Elementary School
Parkview Elementary School
Robert L. Mueller Charter School
Rosebank Elementary School
Saburo Muraoka Elementary School
Salt Creek Elementary School
Silver Wing Elementary School
Sunnyside Elementary School
Thurgood Marshall Elementary School
Valle Lindo Elementary School
Valley Vista Elementary School
Veterans Elementary School
Vista Square Elementary School
Wolf Canyon Elementary School

Page 21 of 24
Agenda Item 8.E.
June 20, 2018

The projects to be financed at each of the school facilities listed above fall into four categories including safety and security, infrastructure, technology and enhanced energy efficiency as further described below:

  • ? Safety and security improvements including new fire alarm systems, security camera and door hardware improvements, along with perimeter fencing and access gate improvements.
  • ? Renovation of existing classrooms including new flooring and painting.
  • ? Site improvements including resurfacing of existing exterior hard courts, parking area improvements, and concrete walkway repairs and improvements to meet Americans for Disability Act access requirements.
  • ? Energy efficiency measures include, but are not limited to, new LED lighting, HVAC replacement, and window replacement to improve classroom environments while lowering operating costs.
  • ? Renovation and replacement of modular classroom space for current and future program needs.
  • ? Modifications to space for program support for RSP; school psychologists, counselors and therapists, including dedicated offices, conference rooms, and other administration support areas.
  • ? Increases to data streaming and storage capacity.
  • ? Replacement of play apparatus and rubberized play surfaces.
  • ? Other capital improvements to existing campuses.
  • ? Replacement of existing and installation of new shade structures.

The projects to be financed at the District's Education Service and Support Center and its Transportation Yard include the following:

  • ? Relocation of Transportation Department to the Maxwell Corporate Yard.
  • ? Expansion of existing cooler/freezer storage along with overall facility improvements to Children Nutrition Services.
  • ? Addition of a new data center and improvements to overall bandwidth throughout District.
  • ? Updates to and refurbishment of the District's Education Service and Support Center to meet staffing space needs for program growth and enhancement.

Whenever specific items are included in the list above, they are presented to provide an example and are not intended to limit the generality of the broader description of authorized projects.

Page 22 of 24
Agenda Item 8.E.
June 20, 2018

Implementation of Construction Program. Listed projects, repairs, improvements, rehabilitation projects and upgrades will be completed only as needed, and the listing of projects does not imply a particular prioritization among such improvements. Projects may be done in phases, based on Board of Education priorities. Listed projects may be completed at any and all District schools, sites and education buildings where such project is determined necessary. Decisions regarding the scope, timing, prioritization or other facets of project implementation will be made solely by the Board of Education by subsequent action. Where terms such as "renovation," "replacement," "modification," "addition," and "refurbishment" are used in the foregoing Project List for the Bond Measure, the Board of Education shall determine the best method for accomplishing the project's objective. For any listed project involving renovation or modernization of all or a portion of a building, the District may proceed with new replacement construction instead (including any necessary demolition), if the District determines that replacement and new construction is more practical than renovation or modernization, considering the building's age, condition, expected remaining life, comparative cost, and other relevant factors.

Each project financed will include its share of architectural, engineering, and similar planning costs, program management, project or construction management, a contingency for unforeseen circumstances, offsite/utility connection costs, and interim housing. Projects also may include the payment of the costs of preparation of all facility planning, facility assessment reviews, environmental studies, construction documentation, plan check, inspection and permit fees, and the acquisition of improvements on the project list that are financed by the District on an interim basis through temporary loans, leases, leaseleaseback, or lease-purchase arrangements.

The District intends to apply for State matching funds for certain of the projects to be financed. In the absence of such funding, the District may not be able to undertake some of the projects listed above. Approval of this proposition does not guarantee that the proposed projects that are the subject of this proposition will be funded beyond the local revenues generated by this proposition. The District's receipt of matching State funds will be subject to appropriation by the Legislature and approval of a statewide bond measure. In the absence of State matching funds, which the District will pursue to reduce the District's share of the costs of the projects, the District may not be able to complete some of the projects listed above.

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 are finalized, construction bids 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.

Page 23 of 24
Agenda Item 8.E.
June 20, 2018

Bond proceeds shall be expended only for the specific purposes identified herein. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to the projects being financed.

FISCAL ACCOUNTABILITY REQUIREMENTS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers in the District may be assured that their money will be spent only to address specific facilities needs of the District all in compliance with the requirements of Article XIIIA, Section I (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 hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the project list contained in this ballot proposition.

Independent Citizens' Oversight Committee. The Board shall establish an Independent Citizens' Oversight Committee pursuant to Education Code Section 15278 and following to ensure Bond proceeds are expended only on the projects listed in this ballot proposition. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board.

Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the Bond proceeds have been expanded only on the projects listed in this ballot proposition.

Financial Audits. The Board shall conduct an annual, independent financial audit of the Bond proceeds until all of those proceeds have been spent for the projects listed in this ballot proposition.

Special Bond Proceeds Account: Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited which will be a Building Fund to be held by the San Diego County Treasurer, as required by the California Education Code. As long as any proceeds of the bonds remain unexpended, the Superintendent of the District shall cause a report to be filed with the Board annually 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 the Superintendent shall determine and may be incorporated in the annual budget, audit, or another appropriate routine report to the Board.

Page 24 of 24
Agenda Item 8.E.
June 20, 2018

FURTHER SPECIFICATIONS

No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the repair, construction, reconstruction, rehabilitation or replacement of school facilities including the furnishing and equipping of District schools and facilities or 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.

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

Measure VV Tax Rate Statement

PR-1371-3

TAX RATE STATEMENT

An election will be held in the Chula Vista Elementary School District (the "District") on November 6, 2018, to authorize the sale of up to $150,000,000 in bonds of the District for the projects described in the bond measure. If such bonds are authorized, the District expects to sell the bonds in one or more series. Principal and interest on the bonds will be payable only from the proceeds of the tax levies made upon the taxable property in the District. The following information is provided in compliance with sections 9400-9404 of the California Elections Code. Such information is based upon assessed valuations available from official sources and projections based upon experience within the District, and other demonstrable factors. Based upon the foregoing, the following information is provided:

  1. (1) The best estimate from official sources of the average annual tax rate that would be required to be levied to fund the bond issue over the entire duration of the bond debt service, based on assessed valuations which are projected based on experience within the District or other demonstrable factors, is $0.017 per $100 of assessed valuation ($17 per $100,000 of assessed valuation). The final fiscal year in which the tax is anticipated to be collected is Fiscal Year 2043-44.
  2. (2) The best estimate from official sources of the highest tax rate that would be required to be levied to fund the bond issue, based on assessed valuations which are projected based on experience within the District or other demonstrable factors, is $0.020 per $100 of assessed valuation ($20 per $100,000 of assessed valuation). The estimated year in which that rate would apply is Fiscal Year 2029-30.
  3. (3) 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 is $200,727,600 ($150,000,000 of principal and $50,727,600 of interest). This estimate is based on assumptions regarding future interest rates and the term, timing, structure and amount of each series of bonds.

Voters should note that such estimated tax rates are specific to the repayment of bonds issued under this authorization and are and will be in addition to tax rates levied in connection with other bond authorizations approved or to be approved by the District or any other overlapping public agency.

Voters should note that the estimated tax rate is based on the assessed value of taxable property on official tax rolls of San Diego County, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions.

Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the San Diego County Assessor in the annual assessment and the equalization process.

Dated: 7/31/2018 /s/ Oscar Esquivel, Deputy Superintendent
Chula Vista Elementary School District

N SD 562-089

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Measure VV Agenda Description

Agenda of June 20, 2018 (complete item)

CHULA VISTA ELEMENTARY SCHOOL DISTRICT
A G E N D A
REGULAR MEETING – JUNE 20, 2018 – 6 P.M.

8. ADMINISTRATIVE ACTION ITEMS Administrative Action Items

E. Adopt Resolution of the Board of Education of the Chula Vista Elementary School District Ordering an Election and Establishing Specifications of the Election Order of the Chula Vista Elementary School District

Motion:__________, Second:__________, Vote:__________


Page 1 of 24
Agenda Item 8.E.
June 20, 2018

CHULA VISTA ELEMENTARY SCHOOL DISTRICT

GOVERNING BOARD AGENDA ITEM

Prepared by: Business Services and Support

ITEM TITLE:

Adopt Resolution of the Board of Education of the Chula Vista Elementary School District Ordering an Election and Establishing Specifications of the Election Order of the Chula Vista Elementary School District

_X_ Action Information

BACKGROUND INFORMATION:

In November 1998, voters approved Proposition JJ, a $95 million district-wide General Obligation (GO) bond to renovate and modernize the District's oldest schools located mostly in western Chula Vista. With Proposition JJ funds, along with matching State modernization funds, seventeen schools were modernized and all of the Proposition JJ funds were spent by 2005.

In November 2012, voters approved Proposition E, a $90 million GO bond to renovate and modernize facilities and improve technology access in the District's oldest schools, primarily in western Chula Vista. The goal was to modernize and renovate the eleven oldest schools in western Chula Vista not modernized during the 1998 Proposition JJ GO Bond. With Proposition E, the District will have modernized ten schools and updated wireless technology at 31 schools throughout the District. Three schools were modernized during summer 2014, three schools during 2015, with another three planned for modernization during summer 2018. Based on the estimated remaining Proposition E funds after the summer 2018 projects, there will only be enough funding to modernize one school during summer 2019, as a result even after the Proposition E funds are expended, there continues to be a long term need to renovate and modernize District facilities throughout the District.

In order to assess the long term needs to modernize facilities, upgrade security and safety infrastructure, implement energy saving measures, and improve technology access in the District's schools, District staff initiated a study to review the District's facilities needs and determine the need for a GO bond issue. On December 6, 2017, the Board approved Ruhnau Clarke (RC) to provide architectural services for the District's Facilities Needs Assessment. District staff and RC conducted the assessment, and identified approximately $191,000,000 of upgrades and enhancements needed at all of the District's 46 schools, the Education Service and Support Center and the District's Transportation Yard. The needs assessment was Page 2 of 24
Agenda Item 8.E.
June 20, 2018
broken down into the following four major categories of improvements which are needed to ensure students and staff are provided modern school facilities:

  • ? Safety and Security Measures
  • ? Infrastructure to Sustain Schools
  • ? Technology Infrastructure
  • ? Enhanced Energy Efficiency

The attached resolution, if adopted by the Board, will authorize actions to order a GO bond election on the November 6, 2018, ballot. Elections Code 13119 currently requires the rate and duration of the tax to be levied and the amount to be raised annually to be disclosed in the ballot. Due to possible legislative changes in Elections Code 13119 that may remove the disclosure requirement, the attached resolution includes alternative forms of the full texts of the ballot propositions: Exhibits "A" and "B", or alternatively, Exhibit "C" and "D". If no changes are made to Elections Code 13119, then Exhibits "A" and "B" will be submitted to voters. If changes are made that make Elections Code 13119 inapplicable to the District's election, then Exhibits "C" and "D" will be submitted to voters.

ADDITIONAL DATA:

The Proposed GO Bond would cover all school facilities and support services facilities of the Chula Vista Elementary School District. Sensitive to the current economic situation, the District specifically is seeking to minimize the additional tax burden on the community that the proposed GO bond might levy. With that in mind, the District's plan would be to propose an extension of the existing 1998 Proposition JJ tax rate of $20 per $100,000 assessed valuation, rather than implement a new general obligation bond tax rate of $30 per $100,000 of assessed valuation. Based on the tax rate extension and assessed valuation estimates, the estimated GO bond authorization is set in the ballot proposition at $150,000,000.

Additional information is available for review in the Office of the Deputy Superintendent.

FISCAL IMPACT/FUNDING SOURCE:

Funding for the projected $191 million in facilities improvements would be provided primarily from the proposed GO Bond funds, supplemented with additional funding provided from the District's Routine Maintenance funds and District Capital Facilities funds.

STAFF RECOMMENDATION:

Recommend adoption.

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Measure VV Resolution

Page 3 of 24
Agenda Item 8.E.
June 20, 2018

CHULA VISTA ELEMENTARY SCHOOL DISTRICT

RESOLUTION NO. __________

Resolution of the Board of Education of )
the Chula Vista Elementary School District )
Ordering an Election and Establishing )
Specifications of the Election Order )
of the Chula Vista Elementary )
School District )

On motion of Member ____________________, seconded by Member ____________________, the following resolution is adopted:

WHEREAS, the Board of Education (the "Board") has determined that a number of the schools within the Chula Vista Elementary School District (the "District") need to be upgraded, repaired, improved and better equipped to enable the District to maintain and enhance the quality of academic instruction at these schools; and

WHEREAS, the District has completed a comprehensive facilities needs assessment (the "Assessment") with the assistance of the District's architectural firm, Ruhnau Clarke Architects, to identify the most pressing needs in each of the District's schools to provide safe and modern classroom environments for all students; and

WHEREAS, the Assessment identified a number of upgrades and enhancements needed at the District's 46 schools, Education Service and Support \3\1Center and transportation yard in order to renovate and modernize facilities, upgrade security and safety infrastructure, implement energy saving measures and improve technology access in the District's schools; and

WHEREAS, the State of California (the "State") is unable to provide the \3\1District with enough money for the District to adequately upgrade the schools within the District notwithstanding ongoing efforts by the District to obtain such monies; and

WHEREAS, the District has pursued all available sources of funding to improve local school facilities, including funding from Proposition 39 of 2012, the \3\1Clean Energy Jobs Act; and

WHEREAS, in the judgment of the Board, additional facility funding by means of general obligation bonds is needed to improve the quality of facilities within the District and position the District to be eligible for potential state matching funds; and

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Agenda Item 8.E.
June 20, 2018
Chula Vista Elementary School District
Resolution No.
Page 2

WHEREAS, in the judgment of the Board, it is in the best interests of the students and residents of the District to provide funding to meet critical facility needs now by means of general obligation bonds to be issued by the District; and

WHEREAS, Proposition 46, approved by the voters of the State on June 3, \3\11986 ("Proposition 46"), amended Section 1(b) of Article XIIIA of the California \3\1Constitution by adding a provision that exempts from the 1% of full cash value limitation, those ad valorem taxes used to pay for debt service of any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by voters voting on the proposition; and

WHEREAS, on November 7, 2000, the voters of California approved the \3\1Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") which reduced the voter threshold for ad valorem tax levies used to pay for debt service or bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and

WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, \3\1Part 10, Division 1, Title 1 (commencing with Section 15264) of the Education \3\1Code (the "Act") became operative and established requirements associated with the implementation of Proposition 39; and

WHEREAS, the Board desires to submit a proposition to the District's voters at an election to authorize the issuance of general obligation bonds to pay for certain necessary improvements to and equipment for District schools; and

WHEREAS, the Board desires to make certain findings herein to be applicable to this election order and to establish certain performance audits, standards of financial accountability and citizen oversight that are contained in \3\1Proposition 39 and the Act; and

WHEREAS, the Board hereby determines that, in accordance with Opinion \3\1No. 04-110 of the Attorney General of the State of California, the restrictions in \3\1Proposition 39 which prohibit any bond money from being wasted or used for inappropriate administrative salaries or other operating expenses of the District shall be enforced strictly by the District's Citizens' Oversight Committee to be established in accordance with the Act; and

Page 5 of 24
Agenda Item 8.E.
June 20, 2018
Chula Vista Elementary School District
Resolution No.
Page 3

WHEREAS, pursuant to Education Code Section 15268, based upon a projection of increases in assessed property valuations in accordance with \3\1Article XIIIA of the California Constitution, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the Proposition 39 limits of $30 per year per $100,000 of assessed valuation of taxable property;

WHEREAS, the Board further projects that the ad valorem property taxes to be levied to repay the general obligation bonds authorized by the proposition will not exceed the current rate of approximately $20 per year per $100,000 of assessed valuation of taxable property being levied to repay the District's outstanding general obligation bonds authorized at the November 3, 1998 election through the passage of Proposition JJ; and

WHEREAS, Section 9400 et seq. of the Elections Code of the State of California (the "Elections Code") requires that a tax rate statement be contained in all official materials relating to the election, including any ballot pamphlet prepared, sponsored, or distributed by the District; and

WHEREAS, the Board desires to authorize the filing of a ballot argument in favor of the proposition, and any rebuttal argument, to be submitted to the voters of the District at the election; 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 6, 2018, and to request the Registrar of Voters to perform certain election services for the District;

NOW THEREFORE, THE BOARD OF EDUCATION OF THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the Board, pursuant to Education Code Sections 15100 et seq. and 15264 et seq., and Government Code Sections 53506 et seq., hereby requests the San Diego County Registrar of Voters (the "Registrar of Voters") to conduct an election under the provisions of Proposition 39 and the Act and submit to the electors of the District the question of whether bonds of the District in the aggregate principal amount of $150,000,000 (the "Bonds") shall be issued and sold for the purpose of raising money for the projects described in the exhibits to this Resolution. The Board hereby approves alternative forms of the propositions to Page 6 of 24
Agenda Item 8.E.
June 20, 2018
Chula Vista Elementary School District
Resolution No.
Page 4
be placed on the ballot and be printed in the voter pamphlet as described below and authorizes the Superintendent to advise the Registrar of Voters as to which forms are to be printed in the voter ballot. In the event that Elections Code Section 13119(b) remains applicable to the District's ballot propositions as of the date that this Resolution is submitted to the Registrar of Voters, then Exhibits "A" and "B" shall be the propositions presented to voters and both such exhibits are directed to be printed in the voter pamphlet. In the event that Elections Code Section 13119(b) is not applicable to the District's ballot propositions as of the date that this Resolution is submitted to the Registrar of Voters, then Exhibits "C" and "D" shall be the propositions presented to voters and both such exhibits are directed to be printed in the voter pamphlet. The Board hereby adopts each of the findings set forth in Exhibit "B" and Exhibit "D" hereto.

Section 2. That the date of the election shall be November 6, 2018.

Section 3. That the purpose of the election shall be for the voters in the District to vote on a proposition, which shall either be in the form attached hereto and marked Exhibit "A" and Exhibit "B", or in the form attached hereto and marked as Exhibit "C" and Exhibit "D", as determined in accordance with Section 1 above, and containing the question of whether the District shall issue the Bonds to pay for improvements and equipment to the extent permitted by such propositions. In compliance with Proposition 39 and the Act, the ballot propositions to be submitted to the voters in accordance with this Resolution are subject to the following requirements and determinations:

  1. (a) that the proceeds of the sale of the Bonds shall be used only for the purposes set forth in the ballot measure and not for any other purpose, including teacher or administrator salaries or other school operating expenses;
  2. (b) that the Board, in establishing the projects set forth in Exhibit "B" and Exhibit "D", evaluated the safety, class size reduction and information technology needs of the District as well as the importance of the projects to student achievement and high quality instruction;
  3. (c) that the Board shall cause an annual, independent performance audit to be conducted to ensure that the Bond monies are spent only for the projects identified in Exhibit "B" or Exhibit "D", as applicable;
  4. Page 7 of 24
    Agenda Item 8.E.
    June 20, 2018
    Chula Vista Elementary School District
    Resolution No.
    Page 5

  5. (d) that the Board shall cause an annual, independent financial audit of the proceeds from the sale of Bonds to be conducted until all of the Bond proceeds have been expended;
  6. (e) that the Board will cause the appointment of a Citizens' Oversight Committee in compliance with Education Code Section 15278 no later than 60 days after the Board enters the election results in its minutes pursuant to Education Code Section 15274. The Citizens' Oversight Committee shall initially consist of at least seven (7) members meeting the qualifications set forth in Education Code Section 15282. The Citizens' Oversight Committee may not include any employee or official of the District or any vendor, contractor or consultant of the District. The Citizens' Oversight Committee shall carry out the purposes enumerated in Education Code Section 15278 and may engage in any of the activities described therein relating to the expenditure of the Bond proceeds; and
  7. (f) that the tax levy authorized to secure the Bonds of this election shall not exceed the Proposition 39 limits of $30 per $100,000 of taxable property in the District when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.

Section 4. That prior to adopting this resolution, the District has reviewed the 2018 San Diego County Taxpayers Association School Bond Support Process & Criteria (the "Criteria") and in response to the Criteria makes the following findings and determinations: a) the District has identified funding sources to pay for that portion of the $191,000,000 in facilities costs identified in the Assessment that will not be funded from proceeds of the Bonds which include redevelopment funds, developer fees and routine maintenance contributions from the District's General Fund as detailed in the District's Bond Support Application made to the San Diego County Taxpayers Association; and b) in order to maximize community benefit and efficiently apply taxpayer dollars, the District will make a good faith effort to pursue all practical opportunities to expand community joint use facilities at each of its schools at which Bond proceeds will be expended, without adversely impacting operations or finances of the District, such as joint use of Page 8 of 24
Agenda Item 8.E.
June 20, 2018
Chula Vista Elementary School District
Resolution No.
Page 6
libraries, recreational/physical education facilities, computer labs, meeting rooms and childcare and health care facilities; and c) the District will not authorize the issuance of any form of capital appreciation bonds or convertible capital appreciation bonds without review by the Citizens' Oversight Committee.

Section 5. That the authority for ordering the election is contained in Education Code Sections 15100 et seq. and 15264 et seq. and Government Code Sections 53506 et. seq.

Section 6. That the authority for the specifications of this election order is contained in Section 5322 of the Education Code.

Section 7. That the Registrar of Voters 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 6, 2018 within the District.

Section 8. That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to the Registrar of Voters, the San Diego County Superintendent of Schools and the San Diego County Clerk of the Board of Supervisors no later than August 8, 2018, together with a letter from the Superintendent specifying whether Exhibits "A" and "B" or Exhibits "C" and "D" are to be printed in the voter pamphlet, as described in Section 1 above.

Section 9. That any Bonds issued pursuant to the Act shall have a maturity not exceeding twenty-five (25) years, and any Bonds issued pursuant to Sections 53506 et seq. of the Government Code shall have a maturity not exceeding forty (40) years. The maximum rate of interest on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531.

Section 10. That the Board requests the governing body of any other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such election and to further provide that the canvass of the returns of the election be made by any body or official authorized by law to canvass such returns, and that the Board consents to such consolidation.

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Agenda Item 8.E.
June 20, 2018
Chula Vista Elementary School District
Resolution No.
Page 7

Section 11. That, pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the San Diego County Board of Supervisors 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, such services to include the publication of a formal notice of school bond election and the mailing of the sample ballot and tax rate statement (described in Section 9401 of the Elections Code) pursuant to the terms of Section 5363 of the Education Code and Section 12112 of the Elections Code.

Section 12. That any and all members of this Board and the Superintendent 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, Deputy Superintendent, or their designees, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary or required by the Registrar of Voters, including, but not limited to, reducing the word count in the ballot proposition in Exhibit "A" or Exhibit "C," as applicable, to place the bond proposition on the ballot.

Section 13. That this resolution shall take effect on and after its adoption.

ADOPTED, SIGNED, AND APPROVED this 20th day of June 2018.

Leslie Ray Bunker, President
Board of Education
Chula Vista Elementary School District

ATTEST:

Armando Farías, Clerk
Board of Education
Chula Vista Elementary School District

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Agenda Item 8.E.
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Chula Vista Elementary School District
Resolution No.
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PASSED AND ADOPTED by the Board of Education of the Chula Vista Elementary School District, County of San Diego, State of California, this 20th day of June 2018 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

- - - - - - - - - - - - - - -

STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )

I, Francisco Escobedo, Secretary to the Board of Education of the Chula Vista Elementary School District of San Diego County, California, do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly adopted by said Board at a regular meeting thereof on the date and by the vote above stated, which resolution is on file and of record in the Office of said Board.

Secretary to the Board of Education

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