|
RESOLUTION 03-004
RESOLUTION
OF THE GOVERNING BOARD OF THE WHEREAS, the Governing Board (the “Board”) has determined that certain properties and equipment within the Grossmont-Cuyamaca Community College District (the “District”), within San Diego County (the “County”) need to be acquired, constructed, improved, and equipped to enable the District to maintain Grossmont College and Cuyamaca College as valuable community resources, to train local residents for higher-paying and skilled jobs, and to enhance the educational opportunities of the students in the District who desire to transfer to a four-year college; and WHEREAS, the Board has determined that the addition of new classrooms, computer science, and instructional laboratories, the replacement of deteriorating portables with permanent classrooms and lecture halls, the seismic repair of older facilities, the improvement of electrical, lighting, and ventilation systems in existing classrooms, the increase of the number of available parking spaces, the addition of support facilities, health education and science buildings, and the improvement of campus safety are among the highest priorities of the Board; and WHEREAS, notwithstanding ongoing efforts to obtain
sufficient facility money from the State of WHEREAS, in the judgment of the Board, it is advisable to provide additional facility funding for such facility, technology, and safety needs by means of a general obligation bond; and WHEREAS, Proposition 46, approved by the voters of the State of California on June 3, 1986 (“Proposition 46”), amended Section 1(b) of Article XIIIA of the California Constitution by adding a provision which 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 Smaller Classes, Safer Schools and Financial Accountability Act (“Proposition 39”) which, as of its effective date, 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 community college district general obligation bond; and WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Section 15264) of the Education Code (the “Act”) became operative and established requirements associated with the implementation of Proposition 39; 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 which are contained in Proposition 39 and the Act; and WHEREAS, the Board determines that the restrictions in Proposition 39 which prohibit any bond money to be used for administrator salaries and expenses be strictly enforced by a Citizens’ Oversight Committee; 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 November 5, 2002, and to request the San Diego County Registrar of Voters to perform certain election services for the District; and WHEREAS, in the judgment of the Board, it is advisable to request the San Diego County Registrar of Voters to call an election pursuant to Proposition 39 on the question of whether general obligation bonds shall be issued and sold on behalf of the District for purposes set forth below; NOW THEREFORE, THE GOVERNING BOARD OF THE GROSSMONT-CUYAMACA COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the Board, pursuant to Education Code Section 15100 and Government Code Section 53506, hereby requests the San Diego County Registrar of Voters to call 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 not to exceed $207 million (the “Bonds”) shall be issued and sold to raise money for the purposes described in Exhibit “A” hereto.
Section
2. That
the date of the election shall be Section 3. That the purpose of the election shall be for the voters in the District to vote on a proposition, a copy of which is attached hereto and marked Exhibit “A” and incorporated by reference herein, containing the question of whether the District shall issue the Bonds to pay for improvements to the extent permitted by such proposition. In compliance with Proposition 39 and the Act, the ballot proposition in Exhibit “A” is subject to the following requirements and determinations: (a) the proceeds of the sale of the Bonds shall only be used for the purposes set forth in the ballot measure and not for any other purpose, including teacher and administrator salaries and other school operating expenses; (b) that the Board, in establishing the projects set forth in Exhibit “B,” evaluated the safety, class size reduction and information technology needs of the District; (c) that the Board will cause to be conducted an annual,
independent performance audit to ensure that the (d) that the Board will 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; (e) that the Board will cause the appointment of a Citizen’s 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; (f) that the tax levy authorized to secure the bonds of this election shall not exceed $25 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; and Section 4. That the authority for ordering the election is contained in Education Code Sections 15100 et seq. and 15264 et seq. and Government Code Section 53506. Section 5. That the authority for the specifications of this election order is contained in Section 5322 of the Education Code. Section 6. That the San Diego County 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 5, 2002, within the District. Section 7. That
this Resolution shall stand as the “order of election” to the San Diego
County Registrar of Voters to call an election within the boundaries of the
District on Section 8. That
the Secretary of the Board is hereby directed to send a certified copy of
this Resolution to the San Diego County Registrar of Voters no later than
Section
9. That the maturity of any Bonds issued
pursuant to Section 15100 of the Education Code, and Bonds issued pursuant to
Section 53506 of the Government Code shall not exceed the maturity limits set
forth therein, respectively. The
maximum interest rate on any
Section
10. That the Board requests the governing body of any such other
political subdivision, or any officer otherwise authorized by law, to
partially or completely consolidate such election and to further provide that
the canvass be made by any body or official authorized by law to canvass the
returns of the election, and that the Board consents to such consolidation.
Section
11.
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, 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. EXHIBIT A “To prepare our local
Shall Grossmont-Cuyamaca Community College District issue $207,000,000 in bonds at legal rates with Strict Accountability Safeguards including Citizens Oversight Committee, annual independent audits, with no money for administrators’ salaries?” EXHIBIT B
FULL TEXT BALLOT PROPOSITION OF THE
The following is the full proposition presented to the voters of the Grossmont–Cuyamaca Community College District.
“To prepare our local
Shall Grossmont-Cuyamaca Community College District issue $207,000,000 in bonds at legal rates with Strict Accountability Safeguards including Citizens Oversight Committee, annual independent audits, with no money for administrators’ salaries?”
PROJECTS
The Governing Board of the Grossmont–Cuyamaca Community College District evaluated the District’s urgent and critical facility needs, including class size reduction, safety, energy reduction, and information technology. The Board conducted independent facilities evaluations and received public input in developing the scope of college facility projects to be funded, as listed in the facilities construction, renovation and repair, energy reduction, and technology master plans approved by the Board in 2002. These plans are on file at the District’s Public Information Office, and include, but are not limited to, the following projects:
PROJECTS FOR BOTH GROSSMONT AND
Repair, renovate and/or replace deteriorating roofs, plumbing, wiring, aging and run down restrooms, telecommunications systems, foundations, classrooms, science laboratories, lecture halls and other instructional facilities, wire classrooms for computers and technology, increase safety, increase energy efficiency, and reduce operating costs.
To improve student safety, redesign campus road network to eliminate dangerous intersections and unsafe conditions, reduce gridlock, improve pedestrian safety, and increase access for emergency vehicles.
Renovate, repair, equip, and construct and/or expand student services buildings to include academic advisement centers, study areas, lecture/meeting/seminar rooms, computer hook-up and study areas, and other student support.
This refinancing will lower interest rates and save taxpayers money.
A comprehensive study by independent engineers has identified energy reduction projects that could reduce energy consumption by up to 30 percent. COLLEGE-SPECIFIC BUILDINGS
Construct a Health Professions instructional building to address the critical shortage of health care professionals, especially in nursing.
Construct classroom, laboratory and instructional support building to continue to provide top quality education to prepare local students for jobs and four-year colleges.
Repair, renovate and equip the
Construct and equip classrooms, labs and computer/technical support areas to prepare students for careers and four-year degrees in communications technology and the communications professions.
Construct and equip a Business and Computer Systems instructional building to prepare students for careers and four-year degrees in accounting, business, and computer occupations.
Construct and
equip a Science and The specific allocation of bond money may be affected by the District’s receipt of state and other funds and final costs of each project. The budget for each project may be affected by factors beyond the District’s control. The Governing Board will establish the timing of projects after review by the Citizens Oversight Committee. |