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Board Resolution

 

RESOLUTION NO. 2002-2003-2

RESOLUTION OF THE BOARD OF EDUCATION OF THE SOUTH PASADENA UNIFIED SCHOOL DISTRICT ORDERING AN ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Board of Education (the “Board”) has determined that certain properties and equipment within the South Pasadena Unified School District (the “District”), within Los Angeles County (“Los Angeles County”) need to be repaired, acquired, constructed, improved, and equipped to enable the District to enhance the educational opportunities of the students in the District; and

WHEREAS, notwithstanding ongoing efforts to obtain sufficient facility money from the State of California (the “State”), the State has been unable to provide the District with enough money for the District to adequately repair its schools to provide an optimal learning environment for all students; and

WHEREAS, in the judgment of the Board, it is advisable to provide additional facility funding for such needs by means of a general obligation bond; and

WHEREAS, Proposition 46, approved by the voters of the State 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 school 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 hereby determines that the restrictions in Proposition 39 which prohibit any bond money from being wasted or used for administrative salaries or other operating expenses of the District be strictly enforced by the Citizens Oversight Committee; and

WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, 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 $60 per year per $100,000 of assessed valuation of taxable property; 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, including any ballot pamphlet prepared, sponsored or distributed by the District, relating to the election; and

WHEREAS, the Board now desires to authorize the filing of a ballot argument in favor of the proposition to be submitted to the voters 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 5, 2002, and to request the Los Angeles County Registrar of Voters to perform certain election services for the District;

NOW THEREFORE, THE BOARD OF THE SOUTH PASADENA UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

 

Section 1. That the Board, pursuant to Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506, hereby requests the Los Angeles County 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 not to exceed $29,000,000 (the “Bonds”) shall be issued and sold for the purpose of raising money for the purposes described in Exhibits A and B hereto. Both exhibits are directed to be printed in the voter pamphlet.

Section 2. That the date of the election shall be November 5, 2002.

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 expense;

(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 Bond moneys get expended for the projects identified in Exhibit “B” hereto;

(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 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 Elections Code Section 15274; and

(f) that the tax levy authorized to secure the Bonds of this election shall not exceed $60 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 the authority for ordering the election is contained in Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506.

Section 5. That the authority for the specifications of this election order is contained in Sections 5322 of the Education Code.

Section 6. That the Los Angeles County Registrar of Voters and the Los Angeles 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 the Secretary of the Board is hereby directed to send a certified copy of this Resolution to the Los Angeles County Registrar of Voters no later than August 9, 2002.

Section 8. That the maturity of any Bonds issued pursuant to Section 15264 et seq. of the Education Code hereto shall have a maturity not exceeding twenty-five (25) years, and Bonds issued pursuant to Section 53506 of the Government Code shall have a maturity of 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 9. 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 10. Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of Los Angeles 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 Los Angeles 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.

I, Michael J. Hendricks, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2002-2003-2, which was duly adopted by the Board of Education of the South Pasadena Unified School District at meeting thereof held on the 1st day of August, 2002, and that it was so adopted by the following vote:

AYES: 4

NOES: 0

ABSENT: 1

ABSTENTIONS: 0

 


EXHIBIT A

“Shall the South Pasadena Unified School District repair and equip South Pasadena Middle School; relieve overcrowding; improve student safety condition; upgrade electrical wiring for technology; install efficient heating/cooling/fire safety systems; replace aging plumbing; modernize science labs; repair/construct/acquire/equip classrooms/facilities at school sites; qualify for State matching funds, by issuing $29,000,000 of bonds at legal rates; and appoint a Citizens Oversight Committee to ensure no money is used for administrators’ salaries?”

Bonds - Yes Bonds – No

 


EXHIBIT B

FULL TEXT BALLOT PROPOSITION

OF THE SOUTH PASADENA UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 5, 2002

The following is the full proposition presented to the voters by the South Pasadena Unified School District.

“Shall the South Pasadena Unified School District repair and equip South Pasadena Middle School; relieve overcrowding; improve student safety conditions; upgrade electrical wiring for technology; install efficient heating/cooling/fire safety systems; replace aging plumbing; modernize science labs; repair/construct/acquire/equip classrooms/facilities at the school sites, qualify for State matching funds by issuing $29,000,000 of bonds at legal rates; and appoint a Citizens Oversight Committee to ensure no money is used for administrators’ salaries?”

The Board of Education of the South Pasadena Unified School District has evaluated safety, class size reduction, and information technology needs in developing the scope of school facility projects to be funded, as further outlined in the District’s Facility Master Plan of 1994, amended from time to time, on file with the District Superintendent, including the following projects:

PROJECTS

South Pasadena Middle School

Re-configure substandard existing classroom/lab space into regular classrooms with approximately 1,000 square feet each

Replace 70 year old gymnasium and locker room with a larger facility that complies with current building and safety codes including American Disability Act legal requirements

Replace the cafeteria/shop building with a new science complex, which includes:

New science labs to enhance the instructional program

Additional classrooms to reduce over crowding and support program expansion

Replacement facilities for the cafeteria, wood shop, and two computer labs currently located in the building

Repair bathrooms to satisfy building and safety codes including American Disability Act legal requirements

Restore auditorium

Upgrade wiring to support technology in all teaching areas

Replace old lighting fixtures with appropriate and energy efficient lighting systems

 

Other Projects:

South Pasadena High School: Construct additional classrooms ; complete exterior modifications to cafeteria building; improve athletic facilities/fields to enhance utility and safety; refurbish gymnasium; provide the handicap access legally required by the Americans with Disabilities Act .

Arroyo Vista Elementary School: Reconfigure and construct an outside eating area to provide a safe and healthy environment for students at lunch time, which can also be utilized for outside instructional activities.

Marengo Elementary School: Refurbish and repair the multi-purpose room, which was constructed in 1948; install energy efficient heating, ventilation, cooling and lighting systems, as well as doors, energy efficient windows, interior finishes; provide handicapped access as legally required by the American Disability Act.

Monterey Hills Elementary School: Replace 30 year-old outdated heating and cooling system with an energy efficient heating and cooling system.

Listed repairs, rehabilitation projects and upgrades will be completed as needed at a particular site. Each project is assumed to include its share of equipment, architectural, engineering, and similar planning costs, construction management, and a customary contingency for unforeseen design and construction costs. The allocation of bond proceeds will be affected by the District’s receipt of State matching funds and the final costs of each project. 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.

The expenditure of bond money on these projects is subject to stringent financial accountability requirements. Performance and financial audits will be performed annually, and all bond expenditures will be monitored by an independent Citizens Oversight Committee to ensure that funds are spent as promised and specified.

No Administrator Salaries. Proceeds from the sale of the bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, and not for any other purpose, including teacher and administrator salaries and other operating expenses. By law, all funds can only be spent on repair and improvement projects.