Brea-Olinda Unified Schools: Vote Yes on Measure K Bonds - Orange County - 2016 general Election
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  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Resolution  

Commentary on Measure K

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

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

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

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

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

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

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

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

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

Measure K Question

Exhibit A

"Brea Olinda Unified School District Classroom Education/Student Safety Measure. To repair/upgrade outdated classrooms, leaky roofs, bathrooms/ plumbing/electrical wiring; meet handicap accessibility/earthquake safety requirements; remove asbestos/hazardous materials; upgrade libraries, science labs, technology; repair/construct/acquire/equip facilities; in order to help retain/attract quality teachers, protect property values and maintain quality local schools; shall Brea Olinda Unified School District issue $148,000,000 in bonds, at legal rates, no funds for administrators' salaries, requiring audits, citizens' oversight, and keeping funds local."

Bonds Yes Bonds No

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

Impartial Analysis for Measure K

Impartial Analysis

Brea Olinda Unified School District
Measure K

The California Constitution provides that school districts may issue general obligation bonds 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, with the approval of 55% of the voters of the district, voting at an election for that purpose. The California Constitution further provides that the bond measure must include a requirement that the bond proceeds will be used only for the permitted purposes and other requirements designed to ensure accountability.

The Board of Education of the Brea Olinda Unified School District has proposed to the voters within the Brea Olinda Unified School District that general obligation bonds be issued in an amount up to $148,000,000 and that ad valorem taxes be levied upon taxable property within the Brea Olinda Unified School District to repay the bonded indebtedness. The measure provides that proceeds from the sale of the bonds will generally be used to modernize, repair and upgrade school facilities within the Brea Olinda Unified School District, including updating libraries, science labs, and playgrounds; improving technology and security equipment and infrastructure; and removing asbestos and hazardous materials from school facilities. Bond proceeds may only be spent on the projects set forth in the measure.

The measure provides that a citizens' oversight committee will be established to ensure that bond proceeds are properly expended within Brea Olinda Unified School District. In addition, annual performance and financial audits will be conducted. The measures also requires the Superintendent of the Brea Olinda Unified School District to submit a yearly report to the Board of Education as long as the proceeds of the bond remain unexpended. The measure further provides that bond proceeds will not be used for teacher or administrator salaries or other school operating expenses.

Approval of Measure _ does not guarantee that the proposed project or projects in the Brea Olinda Unified School District that are the subject of bonds under Measure _ will be funded beyond the local revenues generated by Measure _. The school district's proposal for the project or projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.

The Board of Education of the Brea Olinda Unified School District has called the election for the purpose of submitting the measure to the voters within the school district. If 55% of the voters within Brea Olinda Unified School District voting on the measure vote "yes," the school district may proceed to sell the bonds and levy the related taxes as estimated in the tax rate statement. A "no" vote on this measure will disapprove the issuance of the bonds and the levy of the taxes for such bonded indebtedness.

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

Argument in Favor of Measure K

Argument in Favor of Measure K

Vote YES on K! We can argue all we want about government spending and taxes, but the truth is, BREA KIDS DESERVE SAFE AND HEALTHY SCHOOLS!

Brea schools were once the envy of Orange County, but are now old and outdated with aging facilities and failing safety and security systems. Most of our schools are decades old, including two schools that are nearly 100 years old.

YES on K will bring outdated schools up to code by repairing or replacing deteriorating restrooms, leaky roofs, plumbing systems, and electrical wiring; removing asbestos; and, retrofitting buildings for earthquakes.

YES on K will provide up-to-date fire safety doors, security cameras, and other safety upgrades.

In March 2014 a magnitude-5.1 earthquake shook north Orange County causing significant damage to Fanning Elementary, forcing it to close for a whole year and costing millions to repair. YES on K will make critical safety repairs and upgrades to Brea schools ensuring all Brea schools are structurally sound and meet earthquake safety standards.

In today's economy students need a strong foundation in math, science, engineering and technology. YES on K will also upgrade classrooms, science labs, computer labs, and school libraries to ensure students have the education and skills they need for the 21st Century.

Measure K includes TOUGH ACCOUNTABILITY and TAXPAYER SAFEGUARDS including an Independent Citizens' Oversight Committee and annual audits to ensure all funds are spent as promised.

By law, all MEASURE K funds go toward improving schools. No money can be spent on administrators' salaries or pensions.

CHILDREN DESERVE SAFE AND HEALTHY SCHOOLS!

GOOD SCHOOLS PROTECT PROPERTY VALUES and KEEP OUR COMMUNITY STRONG!

Join Brea community leaders, realtors, the local business community, a unanimous school board, and former Brea Mayors Bev Perry and Don

Schweitzer in voting YES on K!

s/ Christine Marick
Mayor, City of Brea

s/ Lynn Daucher
Retired California State Assemblywoman

s/ Holli Kittleson
PTA Council President

s/ William C. Lentini
Retired Police Chief, City of Brea

s/ Jonathan Pearson
Realtor

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

Rebuttal to Argument in Favor of Measure K

Rebuttal to Argument in Favor of Measure K

Brea Schools are the envy of Orange County. The BOUSD website states six Brea schools are California Distinguished Schools, two Blue Ribbon Schools, and 90% of Brea High's graduates plan to enter college.

It's the Board of Trustees and the District that are FAILING our students and taxpayers.

Massive non-planned funding tends to become massive non-planned spending. How many times can we be TAXED to address the same asbestos issues? Brea Taxpayers deserve a well-conceived, responsible and detailed plan.

Additional tax burdens may dissuade buyers from purchasing homes in Brea. It doesn't matter how good the schools are if families cannot afford to buy.

Bonds are loans WITH INTEREST! Taxpayers won't know the full cost of the bond and debt service until after the measure is passed. Like credit cards, it's too easy to spend the money now and forget how the interest accumulates.

Increased spending on Administrators' and Board Trustees' salaries, benefits, and pensions have taken needed funds away from our children's schools.

If $1 million dollars turned Laurel School into a technological magnet school, why wouldn't $1 million dollars do the same for other Brea schools?

Citizen Oversight Committees are not enough to control where or how money will be spent.

Good schools are not merely important; they are essential. But, a closer look at Measure K tells us this is NOT the wisest or best way for Brea to fund its good schools.

Vote NO on Measure K!

For more information visit: http://tinyurl.com/measurek

s/Connie Lanzisera
Accountant

s/Dwight Manley
Business Owner

s/Paul Ruiz
Parent of Brea Students, Athletic Director Pop Warner Football, PTA Board Member-Arovista

s/ Rick Rios
Parent of Brea Students, Member of Executive Council for the City Wide PTA & City of Brea Treasurer

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

Argument Against Measure K

Argument Against Measure K

The Brea School Board wants your vote for a $148 Million Dollar Bond Tax. If Brea voters pass Measure K, the average Brea homeowner will owe $12,500 in additional property taxes over 30 years! Brea rents will rise. Brea businesses will raise prices.

Brea homeowners, property owners, renters, local businesses and community leaders are willing to dedicate time and resources to improving our schools, but we oppose Measure K because the School Board:

  • Refuses to define expenditures - providing no accountability. The math doesn't add up. For what they're asking to repair seven schools, they could build 14 NEW schools! (A brand new Olinda Elementary School built 2010-2012 @ $10. 7 million)
  • Refuses to share financing terms for assets such as air conditioners and computers, whose mechanical or technological life span will end decades before the Bond Debt is paid.
  • Received in 2015 alone, over $97,000 in insurance benefits and stipends to part-time board members! This administrative bloat hijacks educational dollars meant for Brea school-children!
  • Spent $127,340 taxpayer-dollars on "consultants" that provided a phone survey rigged to claim Bond Tax support! Only 364 Brea residents were called! Uncontrolled expenditures and lack of transparency shouldn't be rewarded.
  • Leaky roofs, asbestos, and faulty wiring are buzzwords, used to scare caring residents into voting themselves into years of financial bondage with no proper evaluation.
  • Attempted an end-run around Howard Jarvis Prop. 13 protections for their Bond Taxes! Brea's young families, first-time home-owners and seniors on fixed incomes cannot absorb these continual, life-long tax increases.
  • Will not reduce class sizes or add one new teacher, classroom, or vocational trade class with requested Bond Tax Revenue.

Vote NO on measure K!

s/ Connie Lanzisera
Accountant

s/ Dwight Manley
Business Owner

s/ Paul Ruiz
Parent of Brea Students, Athletic Director Pop Warner Football, PTA Board Member-Arovista

s/ Rick Rios
Parent of Brea Students, Member of Executive Council for the City Wide PTA & City of Brea Treasurer

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

Rebuttal to Argument Against Measure K

Rebuttal to Argument Against Measure K

Opponents are spewing the same old anti-school bond message. They obviously haven't read Measure K, which can be viewed at www.bousd.k12.ca.us/MeasureK.

Measure K is a great investment in students and local communities.

HERE ARE THE FACTS OPPONENTS WANT YOU TO IGNORE.

FACT: Asbestos Closed Brea's Fanning Elementary. In 2014, an earthquake shook North Orange County causing significant damage to Fanning Elementary. It was a year before it was deemed safe for children to reenter.

FACT: Brea Schools Have Over $290 Million In Needs. A recent report shows Brea schools have over $290 million in needs to bring them up to health and safety codes and 21st Century learning standards. The report can be viewed at www.bousd.k12.ca.us/MeasureK.

FACT: Many Brea Schools Have Outdated Security, including obsolete or lacking security alarms, fire safety doors, security cameras, and emergency communications systems.

FACT: To Succeed In Today's Economy, Students Must Have A Strong Education In Math, Science, Engineering And Technology, which requires up-to-date classrooms and science labs.

FACT: Good Schools Are Essential To Protecting Property Values. School bonds give local communities the power to protect their schools from deteriorating and falling behind.

FACT: Measure K Includes An ACCOUNTABLE List Of Authorized Projects, which can be viewed at www.bousd.k12.ca.us/MeasureK.

FACT: Hundreds of Brea Residents have been engaged in developing the Measure K plan! To suggest otherwise is simply untrue.

Vote YES on Measure K!

s/ Nancy E. Lee
Realtor, President Brea Korea Sister City Association

s/ Jonathan Ekno
Local Business Owner, Chairman of the Board, Brea Chamber of Commerce

s/ Douglas Green
Pastor

s/ Jill Chavez
BOUSD Teacher of the Year, 2016

s/ Mary Martinez

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Full Text of Measure K

Exhibit B

FULL TEXT BALLOT PROPOSITION
OF THE BREA OLINDA UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION JUNE 5, 2012

The following is the full proposition presented to the voters by the Brea Olinda Unified School District.

"Brea Olinda Unified School District Classroom Education/Student Safety Measure. To repair/upgrade outdated classrooms, leaky roofs, bathrooms/ plumbing/electrical wiring; meet handicap accessibility/earthquake safety requirements; remove asbestos/hazardous materials; upgrade libraries, science labs, technology; repair/construct/acquire/equip facilities; in order to help retain/attract quality teachers, protect property values and maintain quality local schools; shall Brea Olinda Unified School District issue $148,000,000 in bonds, at legal rates, no funds for administrators' salaries, requiring audits, citizens' oversight, and keeping funds local."

A site by site analysis was conducted to identify District-Wide facility projects. The estimated costs of these projects are more than $290 million dollars. Projects will be prioritized by the Brea Olinda Unified School District Administration and Board of Education as bond proceeds are received.

Areas of need include:

  • Repairs/Basic Health & Safety Improvements
  • 21st Century Learning/Classroom Renovation and Modernization
  • School Facility Repairs & Upgrades/Quality School Projects

As further described in the Bond Project List below, the Board of Education, among other things, desires to:

  • repair/upgrade outdated classrooms, leaky roofs, bathrooms/plumbing/electrical wiring
  • meet handicap accessibility/earthquake safety requirements
  • remove asbestos/hazardous materials
  • upgrade libraries, science labs, technology
  • repair/construct/acquire facilities/equipment

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Brea Olinda Unified School District (the "District") shall be authorized to issue and sell bonds of up to $148,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed under the heading entitled "BOND PROJECT LIST" below (the "Bond Project List"), subject to all of the accountability safeguards specified below.

ACCOUNTABILITY SAFEGUARDS

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

Evaluation of Needs. The Board of Education of the District (the "Board") has conducted a thorough assessment of all facilities in order to evaluate and address the facilities needs of the District at each campus and facility, and to determine which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.

Limitations on Use of Bonds. Proceeds from the sale of 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, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

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 for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board. In accordance with Section 15282 of the Education Code, the citizens' oversight committee shall consist of at least seven members and shall include a member active in a business organization representing the business community located within the District, a member active in a senior citizens' organization, a member active in a bona fide taxpayers' organization, a member that is a parent or guardian of a child enrolled in the District, and a member that is both a parent or guardian of a child enrolled in the District and active in a parent-teacher organization. No employee or official of the District and no vendor, contractor or consultant of the District shall be appointed to the citizens' oversight committee.

Annual Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.

Annual 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 school facilities projects listed in the Bond Project List. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.

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. 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 no later than January 1 of each year, commencing January 1, 2018, stating (a) the amount of bond proceeds received and expended in the relevant annual period, and (b) 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 of the District shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

Project Labor Agreements. In an effort to increase competition and maintain fairness among all potential contractors, reduce costs of construction, and efficiently apply taxpayer dollars, the District, to the extent doing so is not prohibited by law (including the doctrines of legislative entrenchment and the single subject rule) and does not eliminate any eligibility for potential State or federal funding or financial assistance, hereby declares that it shall not build and maintain bond-financed facilities under a project labor agreement.

FURTHER SPECIFICATIONS

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

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

Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest shall be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature more than the statutory maximum number of years from the date borne by that bond.

BOND PROJECT LIST

The Bond Project List below lists the specific projects the District proposes to finance with proceeds of the bonds. The Bond Project List shall be considered a part of the bond proposition and shall be reproduced in any official document required to contain the full statement of the bond proposition. Listed projects will be completed as needed at a particular school or facility site according to Board-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. Any authorized repairs shall be capital expenditures. The Bond Project List does not authorize non-capital expenditures. Each project is assumed to include its share of costs of the election and bond issuance, construction-related costs, such as project and construction management, architectural, engineering, inspection and similar planning and testing costs, demolition and interim housing costs, legal, accounting and similar fees, costs related to the independent annual financial and performance audits, a contingency for unforeseen design and construction costs, and other costs incidental to and necessary for completion of the listed projects (whether the related work is performed by the District or third parties). The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. In addition, certain construction funds expected from non-bond sources have not yet been secured. Therefore, the Board cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Alternatively, if the District obtains unexpected funds from non-bond sources with respect to listed projects, such projects may be enhanced, supplemented or expanded to the extent of such funds. Some projects may be subject to further government approvals, including by State officials and boards and/or local environmental or agency approval. Inclusion of a project on the Bond Project List is not a guarantee that the project will be completed (regardless of whether bond funds are available).

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.

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 projects may be delayed or may not be undertaken.

The specific projects authorized to be financed with proceeds of the bonds under this proposition are as follows:

SCHOOL FACILITIES PROJECTS TO BE FUNDED FROM BOND PROCEEDS

REPAIRS/BASIC HEALTH & SAFETY IMPROVEMENTS

PROJECT LISTING

All schools in the District need improved school facilities, including classrooms, that are updated, safe and in good repair at all District school sites.

  • Installing and upgrading security such as adding cameras and alarm systems to all of our campuses, and evaluating/installing fencing;
  • Seismic retrofitting;
  • Asbestos removal at school sites, including without limitation Arovista, Country Hills, Fanning, Laurel, Mariposa schools and Brea Junior High School;
  • Updating fire safety systems, intercom/emergency communications systems, and adding portable assistive listening systems in classrooms and instructional areas;
  • Handicap accessibility, Americans with Disabilities Act (ADA) access upgrades;
  • Replacing outdated and deteriorating restrooms, plumbing and sewer systems;
  • Updating site electrical systems and internal power systems to bring up to current code regulations.
  • Playground safety/equipment upgrades;
  • Student drop off zone/student safety upgrades;

21st CENTURY LEARNING/CLASSROOM RENOVATION & MODERNIZATION

PROJECT LISTING

All but one District campus are decades old (including two campuses that are nearly 100 years old) and in need of renovations to meet current codes and to provide 21st Century environments which are a necessity in student learning and is critical to our students' access to a global environment. Renovation, modernization, and technological upgrades are needed to prepare our students for 21st Century college and career opportunities. Projects in this category may be undertaken at any school site.

  • Provide necessary infrastructure, instructional technology and technical support for all nine schools;
  • Provide upgrades to wireless infrastructure and internet access and support;
  • Additional classroom technology equipment;
  • Classroom audio amplification to assist for teachers in communication in the classroom;
  • Energy efficiencies and environmental upgrades (lighting, windows, heating/ventilation/air conditioning, energy management systems, insulation);
  • Casework, cabinetry, counters and storage;
  • 21st Century classroom equipment and furniture to promote collaboration and provide up-to-date learning environments;
  • Replace/renovate/modernize aging cafeteria and multi-purpose rooms (floors, ceilings, walls, wiring, lighting, resurfacing stages, furniture, etc.);
  • Make improvements to Brea Olinda High School Performing Arts Center,
  • Update/upgrade physical education facilities at Brea Junior High School and Brea Olinda High School;

SCHOOL FACILITY REPAIRS & UPGRADES/QUALITY SCHOOLS PROJECTS

PROJECT LISTING

The majority of District facilities are between 40 and 100 years old and routine maintenance cannot address the long term effects of age. Major projects are beyond the scope of normal routine or deferred maintenance mainly due to the age of one facilities. Additionally, some new construction is needed to provide equity in District schools, address portable classrooms that need to either be replaced or rebuilt with permanent buildings, and to expand needed facilities at all school sites.

  • Restoring deteriorating/leaking roofs at all nine campuses and auxiliary buildings;
  • Replacing aging and damaged fencing;
  • Painting exteriors/interiors;
  • Heating/Ventilation/Air Conditioning (new units to replace aging units, many of which are over 30 years old);
  • Reinforcing and repairing eroding hillsides;
  • Address deteriorating and potentially unsafe concrete and asphalt throughout the District;
  • Replacing carpeting/flooring District-wide.
  • Building classrooms at Brea Junior High School housing STEAM focused math, science, arts and technology classes;
  • Construct and renovate various physical education facilities district-wide;
  • Renovate Performing Arts Center at Brea Junior High School and construct music and education facilities;
  • Upgrade classrooms;
  • Remove or replace portables and construct modern classrooms and facilities at school sites;
  • Upgrade school office entrances at multiple schools for improved student safety and parent access;
  • Classroom building at Laurel Magnet School of Innovation and Career Exploration;
  • Construct a Multi-Purpose Room at Fanning Elementary School;
  • Add buildings to accommodate growth in Kindergarten, Transitional Kindergarten, Special Education, and Child Development classes;
  • Construct classrooms and facilities at Brea Olinda High School, to house career technical education (CTE), Music, and various physical education and athletic programs;

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Measure K Tax Rate Statement

Tax Rate Statement

Brea Olinda Unified School District
Measure K

An election will be held in the Brea Olinda Unified School District (the "District") on November 8, 2016, to authorize the sale of up to $148,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to issue the Bonds in multiple series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400 through 9404 of the California Elections Code.

1. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.054 cents per $100 ($54.00 per $100,000) of assessed valuation in fiscal year 2017-18.

2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.054 cents per $100 ($54.00 per $100,000) of assessed valuation in fiscal year 2025-26.

3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is $0.054 cents per $100 ($54.00 per $100,000) of assessed valuation and is expected to remain approximately the same in each year during the term of repayment of the bonds.

4. The best estimate of the total debt service is $288 million, which includes the principal and interest that would be required to be repaid if all of the bonds are issued and sold.

Voters should note that estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value, which could be more or less than the assessed value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above. Certain taxpayers may also be eligible to postpone payment of taxes. Property owners should consult their own property tax bills and tax advisors 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, and the actual total debt service, 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, including the legal limitations on bonds approved by a 55% affirmative vote. 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 County Assessor in the annual assessment and the equalization process.

Dated: __________, 2016. s/
Superintendent of Schools
Brea Olinda Unified School District

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Measure K Resolution

Full Text of Measure _
Brea Olinda Unified School District

NOW THEREFORE, THE BOARD OF THE BREA OLINDA 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 Orange 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 of $148 million (the "Bonds") shall be issued and sold for the purpose of raising money for the projects 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 8, 2016.

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, incorporated by reference herein, and 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 propositions in Exhibits A and B are subject to the following requirements and determinations:

  1. (a) 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, evaluated the safety, class size reduction, classroom, educational, 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 hereto (the "Bond Project List");
  4. (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;
  5. (e) that the Board shall appoint 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; and
  6. (f) that the tax levy authorized to secure the Bonds of this election shall not exceed the Proposition 39 limits 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 District desires to have a financially responsible bond measure that meets the Orange County Taxpayers Association School Bond Criteria, based on the following:

  1. (a) there is a clear need to build or modernize facilities, documented by the District's Bond Project List that identifies specific problems to be corrected and specific projects to be completed;
  2. (b) the projects to be funded are capital facilities; the bonds will pay for Bond Project List items, but not maintenance, operations, or salaries;
  3. (c) the District shall structure the bonds to mature in compliance with Section 147(b) of the Internal Revenue Code (or any successor thereto), so that future property taxpayers will realize benefit from their taxes;
  4. (d) the Bonds are planned to be issued incrementally to reduce interest costs, with the amounts of each estimated bond series based on the projected facilities expenditures, estimated interest rates at the time of issuance, and the expected tax base;
  5. (e) Bond interest rates will be determined at the time of sale of Bonds, at rates not greater than then prevailing market interest rates;
  6. (f) to the extent doing so is not prohibited by law (including the doctrines of legislative entrenchment and the single subject rule) (i) the District will continue to budget from its general fund a reserve for economic uncertainty, currently 3 percent of general fund expenditures, and (ii) the District will continue to contribute the legally required amount to its restricted maintenance account from non-bond proceeds.
  7. (g) the District will have an annual outside independent audit of Bond proceeds and expenditures;
  8. (h) the District will have a Citizens' Bond Oversight Committee, to confirm that Bond proceeds are spent as approved by the voters, and no member will be an employee of, or do business with, the District;
  9. (i) preliminarily, the District estimates that certain projects to be funded may be eligible for State of California matching funds, if available;
  10. (j) this bond measure states clearly that the District does not plan to build and maintain its bond-financed facilities under a PLA.

Section 5. 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 6. That the authority for the specifications of this election order is contained in Sections 5322 of the Education Code.

Section 7. That the Orange County Registrar of Voters and the Orange County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 8, 2016, within the District. As provided in Elections Code Section 10403, the District acknowledges that the consolidation election will be conducted in the manner described in Elections Code Section 10418.

Section 8. That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to the Orange County Registrar of Voters no later than August 12, 2016, including the tax rate statement attached hereto as Exhibit C, containing the information required by Elections Code Section 9400 et seq., completed and signed by the Superintendent of the District, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County.

Section 9. That Bonds issued pursuant to Education Code Section 15264 et seq. 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 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 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 of the returns of the election be made by anybody or official authorized by law to canvass such returns, and that the Board consents to such consolidation. The Board further authorizes the submission of a tax rate statement and primary and rebuttal arguments, as appropriate, to be filed with the Orange County Registrar of Voters by the established deadlines.

Section 11. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of Orange County is requested to permit the Registrar of Voters to render all services specified by Elections Code Section 10418 relating to the election, for which services the District agrees to reimburse Orange 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 Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.

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