Prop H/U: 12th High School Project

CBOC Timeline of Reporting and Related Events

This is a work in progress and a living document.  It was developed using the following guiding principles:  No commentary or press, no preliminary rulings, scope will include historical information, facts only, and sources stated. 

May 27, 2016--Judgment Delivered in Favor of Defendant Grossmont Union High School District

Scheduled Superior Court Trial re: 12th High School Project

Scheduled trial set for April 8, 2015: San Diego Superior Court Case #37-2014-00034850-cu-mc-ctl

Court Document Register of Actions:  https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml

December 23, 2015—Order Granting Alpine’s and ATBA’s Motion to Reconsider Summary Judgment Issued

Judge Pressman issued an Order granting Alpine’s and ATBA’s motion to reconsider his Summary Judgment ruling.  In the Order, he reversed his prior granting of Grossmont’s motion for Summary Judgment and still denied Alpine’s and ATBA’s motions for Summary Judgmnet: San Diego Superior Court Case #37-2014-00034850-cu-mc-ctl

Order Granting Alpine's Motion to Reconsider Summary Judgment

November 6, 2015—Status Conference Held

The Court held a Status Conference and set a briefing schedule on a motion to reconsider his Summary Judgment ruling.  Hearing on motion held on December 17: San Diego Superior Court Case #37-2014-00034850-cu-mc-ctl

Court Document Register of Actions:  https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml

November 4, 2015—Communication re Motions for Summary Judgment Vacated

Judge Pressman vacated his order on the motions for summary judgement: San Diego Superior Court Case #37-2014-00034850-cu-mc-ctl

Order on Motions for Summary Judgment Vacated

November 3, 2015—Court of Appeal Issues its Opinion

The Court of Appeal issued an opinion on GUHSD’s appeal of the preliminary injunction.  Their opinion was that the preliminary injunction was properly issued and should remain in place until such time as the Court (Judge Pressman) has the opportunity to consider the entire case on its merits.

Court of Appeal Opinion

October 30, 2015—Hearing Held on the Parties' Motions for Summary Judgment and Summary Adjudication

Judge Pressman held a hearing on the parties’ motions for summary judgment and summary adjudication and, after considering the papers, evidence, and arguments of counsel, granted GUHSD’s motion for Summary Judgment and denied Alpine’s Motions for Summary Adjudication.  The Court ordered the case dismissed, and vacated all scheduled court dates in relation to the December 4, 2015, trial: San Diego Superior Court Case #37-2014-00034850-cu-mc-ctl

Minute Order on Motion for Summary Judgment

September 30, 2015—Motion for Summary Judgment and/or Adjudication filed by Grossmont Union High School District

Motion and supporting documents filed: San Diego Superior Court Case #37-2014-00034850-cu-mc-ctl

Motion for Summary Judgment and Supporting Documentation 

Scheduled Superior Court Hearing re: 12th High School Project

Scheduled hearing set for December 4, 2015: San Diego Superior Court Case #37-2014-00034850-cu-mc-ctl

Court Document Register of Actions

July 9, 2015—Prop U Status Report to the Governing Board Shows Projects on Hold

Slide #6 of the Prop U Status Report presented at the regular Governing Board meeting lists projects on hold as a result of court ordered set-aside of $42 million.

Prop U Status Report,9-Jul-15 Board Item VIII E  

July 9, 2015—GUHSD Governing Board Resolution (2016-03) Authorizes Increase for Legal Fees

The resolution authorizes: 1) the Preliminary Injunction Appeal Budget be increased from $250,000 to $300,000, and 2) the encumbrance of an additional $700,000 to defend the district against the lawsuit."  As of the last statement date of May 31, 2015, the lawsuit has cost GUHSD $1,128,290 ($853,895 to defend the District against the lawsuit and $274,395 for the expenses related to the Appeal of the Preliminary Injunction)."

Link to document: GUHSD Board Meeting Minutes 9-Jul-15

July 9, 2015—GUHSD Governing Board Resolution to Set up Building Trust Fund

Governing Board Resolution 2016-01 was adopted to establish a Building Trust Fund known as Prop U--New High School Set-Aside Trust Fund in the amount of $42 million for the purpose of setting aside bond sale proceeds as ordered by the court.

Link to document: GUHSD Board Meeting Minutes 9-Jul-15

June 10, 2015—GUHSD Media Statement in Response to Court's Decision on Motion to Dismiss Alpine Injunction

Judge Joel Pressman kept in place the injunction that GUHSD must set aside $42 million. "The Court’s ruling does not decide anything in Alpine’s favor. In his ruling, Judge Pressman repeatedly notes that he is not deciding any of the issues now, but that he will need to review the evidence before ruling."

"The lawsuit by the Alpine School District has blocked 11 of 14 bond-related school improvement projects on campuses throughout the Grossmont Union High School District."

Ruling on Demurrer

April 6, 2015—Appellants Opening Brief Filed

Opening Brief for Appeal filed Appeal filed by GUHSD on April 6, 2015:  Case #D067500

Appellant’s Opening Brief  

March 4, 2015—Judge Denies GUHSD Request for Stay of Injunction

GUHSD's request to issue a stay halting an injunction ordered by Superior Court Judge Joel Pressman was denied.

Denial of Stay of Injunction  

February 12, 2015—Governing Board Approves 2015 Bond Review

Superintendent Recommendations were adopted by the Governing Board.  Recommendation #12 states, "Maintain $65 million budget. Continue to manage permits prior to expiration through extensions or performance of grading." The Superintendent Recommendation is "No Action Required" since this did not change from the prior recommendation.

Superintendent’s 2015 Recommendations  

February 12, 2015—GUHSD Governing Board Votes to Appeal Ruling Requiring $42 Million be Set Aside

The Governing Board voted 3-2 to appeal Superior Judge Pressman’s January ruling that states the GUHSD must set aside $14 million in bond money immediately and another $28 million by January 2016.  San Diego Superior Court Case #37-2014-00034850-cu-mc-ctl

Resolution to Appeal Set-Aside

January 22, 2015—Court Ruling That $42 Million be Set Aside for 12th High School in Alpine

Superior Court Judge Joel Pressman granted a preliminary injunction to stop Grossmont from spending bond money as requested by the Alpine Union School District, and a group known as Alpine Taxpayers for Bond Accountability

The judge ruled that GUHSD must set aside $14 million immediately and another $28 million by January 2016 to be used for potentially building a 12th high school.

Minute Order re Preliminary Injunction  

January 1, 2015—CBOC 2014 Annual Report

The 12th high school project was not specifically addressed in the report. However, the report did address:

- The 2013 Grand Jury report does not cite any inappropriate expenditure of bond funds by the district

- The CBOC completed a thorough review of all past projects.  The report noted, “No discrepancies have been found in ten consecutive independent performance audits, six CBOC-directed project reviews, or in a 2013 Grand Jury report.”

Link to document: CBOC 2014 Annual Report

December 22, 2014—Motion Hearing - Alpine Union School District vs. Grossmont Union High School District

The court hears oral argument:  San Diego Superior Court Case #37-2014-00034850-cu-mc-ctl

Court Document Minute Order  

October 15, 2014—Injunction Filed to Halt Further Spending of Prop H and Prop U Funds

Alpine Union School District filed an injunction in Superior Court to halt further spending of Proposition H and Proposition U bond funds by Grossmont Union High School District.  Alpine Taxpayers for Bond Accountability filed similar litigation.

Motion for Injunction  

September 11, 2014—GUHSD Board Resolution Opposes Alpine’s Unification

GUHSD Governing Board resolution 2015-02 opposes San Diego County Board of Education's recommendation for approval of Alpine’s unification.  The board further resolved that all voters in district participate in the election, and that property be divided in accordance with Ed. Code Section 35560 based upon current enrollment at time unification petition is approved.

Resolution Opposing Unification 

January 1, 2014—CBOC 2013 Annual Report

12th High School:  No change in status; project on hold. After passage of Prop 30, and new funding formula, per-pupil funding remains below 2008 levels.

The annual report also addressed a 2013 San Diego County Grand Jury Report concerning the 12th high school project:

• “The Grand Jury report did not cite any inappropriate use of bond funds.”

Link to document: CBOC 2013 Annual Report

May 1, 2013—RAW Approval by DTSC; ACOE Permit Approved

The Removal Action Work plan (RAW) has been approved by DTSC; required as a condition for receiving State grants referred to in the bond.  Army Corps of Engineers (ACOE) Permit is required prior to site grading and building construction as identified in the Environmental Impact Report (EIR). The ACOE Permit required prior approval of RAW, California Department of Fish and Wildlife and California State Water Resources Control Board.

RAW Approval  

ACOE Permit  

January 1, 2013—CBOC 2012 Annual Report

12th High School: Construction on hold until bond-specified enrollment thresholds, and per pupil 2008 funding levels, are met. All work needed to obtain permits/entitlements to build on the site will continue.

Link to document: CBOC 2012 Annual Report

November 8, 2012—Governing Board Approves 2012 Bond Review with CBOC support

The Superintendent’s Recommendations (18 in total), most of which were supported by the CBOC, were adopted by the Governing Board for approval.  Recommendation No. 18 states, "Recommend retaining the $65 million budget (2012$); direct staff to complete Army Corps of Engineers (ACOE) and Local Agency Formation Commission (LAFCO) permits and seek Governing Board approval for execution of those permits, ratify withdrawal of building design plans from Division of the State Architect (DSA) and place the school construction (including grading) on hold until enrollment thresholds and per pupil funding levels are met."

2012 Bond Review

April 1, 2012—Preliminary Site Approval for 12th High School Received from CDE

Site approval for 12th high school obtained from California Department of Education (CDE) – School Facilities Planning Division (required to qualify for State grant funds referenced in bond language).

CDE Preliminary Site Approval 

March 28, 2012—Site Acquisition Complete

Board has approved the settlement agreement for the purchase of K&S property at the 12th High School site; the District now owns all the property needed for the 12th High School.

Link to document: CBOC Meeting Minutes 28-Mar-12

January 1, 2012—CBOC 2011 Annual Report

12th High School: March 2011 CBOC letter to board expressed opinion that Board was restricted from moving forward until bond-specified enrollment threshold was met.

Link to document: CBOC 2011 Annual Report

April 4, 2011—CBOC Presents Recommendation to GUHSD Governing Board

CBOC Chairperson presented the CBOC recommendations regarding the 12th high school to the Governing Board.

Link to document: CBOC Meeting Minutes 27-Apr-11

March 30, 2011—CBOC Recommendation re:  12th High School

CBOC passed motion: “The CBOC respectfully reminds the Board that the bond language requires that the [enrollment] trigger be met before the release of request for construction bids.” It further strongly recommends that in light of declining enrollments, no additional bond funds be expended beyond land acquisition until District enrollment numbers meet the trigger set out in Proposition U. Notwithstanding this recommendation, the CBOC understands that there may be funds and other resources already dedicated to permitting and other activities that would be lost if stopped before completion...it is the CBOC’s intention to maximize the beneficial use of bond revenues."

Link to document: CBOC Meeting Minutes 30-Mar-11

January 11, 2011—CBOC 2010 Annual Report

12th High School:  "Land acquisition started but not complete, design underway but not complete.” Planning work underway includes: Department of Toxic Substance Control (DTSC) Removal Action Work plan (RAW), attendance boundary study, and coordination with Viejas tribal community regarding cultural findings on the site.

Link to document: CBOC 2010 Annual Report

January 1, 2010—CBOC 2009 Annual Report

12th High School:  Environmental review and site selection complete, land acquisition started. Land acquisition and design expected to be completed in 2010, expected construction start in 2011 “using Prop U and state matching funds, provided enrollment criteria are met,” which requires an enrollment of 23,245 students at the time of bid for construction of school buildings.

Link to document: CBOC 2009 Annual Report

July 29, 2009—Site Selected & Beginning of Site Acquisition

The site known as Lazy A in Alpine has been unanimously approved by the Governing Board for construction of the 12th high school. Next step is appraisal and purchase of the multiple parcels of land (some included residential or farming structures) comprising the site.

Link to document: CBOC Meeting Minutes 29-Jul-09

June 1, 2009—Environmental Impact Report Completed

EIR was completed in preparation of the 12th High School.

The EIR evaluated three alternative sites (referred to as Lazy A, Chocolate Summit and Wrights Field) for the location of the 12th high school.

Environmental Impact Report  

January 1, 2009—CBOC 2008 Annual Report

12th High School: Prop H will not be available to fund construction. Construction will be funded by Prop U and state grants. Environmental review and site selection started; Governing Board allocated $20 million toward land and design of an 800-student school.

Link to document: CBOC 2008 Annual Report

November 30, 2008—Proposition U Passed

Ballot language included the following:

"Until all project costs and funding sources are known, the Governing Board cannot determine the 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 by State officials and boards, to local environmental review, and to input from the public. For these reasons, inclusion of a project on the Bond Project List is not a guarantee that the project will be funded or completed. The Governing Board may make changes to the Bond Project List in the future consistent with the projects specified in the proposition."

"NEW HIGH SCHOOL—ALPINE/BLOSSOM VALLEY AREA

• Complete site development including utilities and road extensions

• After district-wide enrollment at the existing comprehensive high school sites, including the two current charter schools, equals or exceeds 23,245 (which is the official 2007-08 CBEDS enrollment) at the time of release of request for construction bids, begin and complete construction—classrooms and general use school buildings and grounds to accommodate up to 800 students, adequate academic/vocational/job-training equipment, library/multimedia facilities, computer and science labs, food service facilities, and space for student-support services."

Link to document: Prop U Bond Language

January 8, 2008—CBOC 2007 Annual Report

A 12th High School is called for in the Prop H bond. How much of the school that can be built using the $65 million reserve fund is yet to be determined. Additional funding will be required to build this new school.

Link to document: CBOC 2007 Annual Report

March 30, 2004—Proposition H Passed

Ballot language included following:

"The District intends to complete the school projects described below, using a combination of bond proceeds and matching State funds. It is anticipated that bond proceeds will contribute $274,000,000. Generating such dollars from these bond proceeds would qualify the District to receive approximately $120,000,000 from matching State funds."

Link to document: Prop H Bond Language