Lake Elsinore Unified Schools: Vote Yes on Measure V Bonds - Riverside County - 2016 general Election
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  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution    Notice  

Commentary on Measure V

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    Argument Against    Full Text    Tax Rate    Agenda    Resolution    Notice  

Measure V Question

V In order to provide classrooms, labs, equipment for career education to prepare local students for college and skilled careers; upgrade school facilities and instructional technology to support advanced math and science, and keep pace with technology; improve school safety/security; and add classrooms/school facilities to reduce overcrowding at existing schools, shall Lake Elsinore Unified School District issue 105 million dollars in bonds at legal rates, with citizen oversight, no money for administrator salaries and all money staying local?

¿Debería el Distrito Escolar Unificado de Lake Elsinore emitir 105 millones de dólares en bonos a tasas legales, con supervisión de los ciudadanos, sin destinar el dinero al salario de los administradores, para proporcionar salones de clases, laboratorios, equipamiento para la educación profesional que prepare a los estudiantes locales con destino a la universidad y carreras especializadas; mejorar las instalaciones escolares y la tecnología aplicada a la educación para apoyar las ciencias y la matemática avanzada, y estar actualizados en temas relacionados con la tecnología; mejorando la seguridad en las escuelas y agregar escuelas y salones de clases con el fin de reducir la superpoblación en las escuelas existentes?

SCHOOL / ESCOLAR
LAKE ELSINORE UNIFIED SCHOOL DISTRICT / DISTRITO ESCOLAR UNIFICADO DE LAKE ELSINORE

BONDS YES / BONOS SÍ
BONDS NO / BONOS NO

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

Impartial Analysis for Measure V

33-9013-M16
RV-028-016

IMPARTIAL ANALYSIS OF MEASURE "V"

The Board of Education ("Board") of the Lake Elsinore Unified School District ("District") by adopting Resolution No. 2016-17-028 ("Resolution"), elected to call an election pursuant to Section 18 of Article XVI and Section 1 of Article XIII A of the California Constitution and Section 15100 and 15624 et seq. of the California Education Code to obtain authorization to issue and sell general obligation Bonds ("Bonds") in the aggregate amount principal amount of one hundred and five million dollars ($105,000,000).

This Measure was placed on the ballot by the Board of the aboveidentified District.

The Bonds would be used by the District to acquire land for a new elementary school, construct two new elementary schools, provide additional classrooms and support facilities at existing elementary schools. The Bonds would also be used for the District-Wide 21st Century Instructional Technology Program, which include upgrading, installing, and furnishing equipment to support instructional/ technological infrastructure. The Bonds would be used to improve student safety, upgrade playground equipment and sports fields and improve heating, air conditioning and ventilation systems. The Bonds would not be used to fund the salaries, pensions or benefits of any board members, administrator, and/or teachers or for other school operating expenses.

If Measure V is approved, the Board of the District will appoint a citizens' oversight committee, and conduct annual independent financial and performance audits to assure that bond funds are spent only on 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 for no other purposes.

An ad valorem tax would be levied and collected on property within the boundaries of the District to pay the principal and interest on the Bonds.

The Resolution provides that the maximum interest rate on the Bonds will not exceed the maximum interest rate of twelve percent (12%) per annum and the maximum term of the Bonds, or any series thereof, will not exceed 40 years. The best estimate of the total debt service, including principal and interest, that would be required to be repaid if all the bonds are issued and sold is $170,968,160.00.

Approval of Measure V does not guarantee that the proposed project or projects in the District, that are the subject of the Bonds under Measure V, will be funded beyond the local revenues generated by Measure V. The District's proposal for the project or projects assumes the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.

For this Measure to be approved fifty-five percent (55%) of qualified voters who vote on the Measure must vote yes.

A "YES" vote on Measure "V" is a vote to allow the District to sell the Bonds and levy the necessary taxes to pay for the Bonds.

A "NO" vote on Measure "V" is a vote against allowing the District to sell the Bonds and levy the necessary taxes to pay for the Bonds.

By: Ronak N. Patel, Deputy County Counsel

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

Argument in Favor of Measure V

33-9013-XX

ARGUMENT IN FAVOR OF MEASURE "V"

Vote Yes on Measure V to update and repair neighborhood schools in Lake Elsinore, Canyon Lake and Wildomar. Measure V will help prepare our students to compete successfully in high school, college and 21st-century careers.

We are fortunate to enjoy a special quality of life here in the Elsinore Valley. Our community schools are routinely recognized for outstanding academic achievement including multiple Blue Ribbon and California Distinguished Schools.

Unfortunately, aging classrooms, labs, libraries and instructional technology – especially in older schools- simply aren't up to current academic and safety standards.

Measure V provides essential repairs and upgrades so all students have equal access to clean, safe and up-to-date classrooms, science labs, instructional technology and career training to prepare them for college and the workforce.

Whether or not we have children in school, we all know our great schools improve the quality of life in our community and protect the value of our homes.

Vote YES on V to:

  • Upgrade career and technology education programs that prepare students for college and high-demand jobs
  • Upgrade classrooms, equipment and the educational technology to support high-quality instruction in math, science, music and the arts
  • Improve student safety and security systems
  • Improve heating, ventilation, insulation, doors and windows to increase energy efficiency and save money
  • Add new classrooms and facilities to relieve overcrowding

An independent community oversight committee and annual public audits ensure strict oversight and accountability. No funds can be used for administrator salaries or benefits.

Best of all, every dollar will be spent on Elsinore Valley schools - no funds can be taken by the State. And Measure V will allow our schools to qualify for future state matching funds.

Join us and vote YES on V to support quality education in Elsinore Valley schools.

By: Bill Cavanaugh,
Lake Elsinore Teacher's Assn, President

Stan Crippen,
LEUSD Bd Mbr

Cherie Potter,
Parent

Dawn Haggerty,
Mayor Pro Tem

Kim Cousins,
President/CEO

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

Argument Against Measure V

NO ARGUMENT FILED AGAINST MEASURE "V"

33-9013-M17
RV-028-017

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

Full Text of Measure V

B-1

EXHIBIT "B"

BOND PROPOSITION OF THE
LAKE ELSINORE UNIFIED SCHOOL DISTRICT

(November 8, 2016):

In order to acquire, construct and reconstruct school facilities, and provide for supporting infrastructure at existing school sites of the Lake Elsinore Unified School District and to construct new school facilities, and in so doing increase health, safety, welfare and educational effectiveness of classrooms for students, shall the Lake Elsinore Unified School District be authorized to issue Bonds in an amount not to exceed $105,000,000, including the furnishing and equipping of school facilities or the acquisition or lease of real property for schools and school facilities listed in Attachment "1" on file at the District office and herein incorporated, which Bonds shall be issued for a term not to exceed the applicable statutory maximum, at an interest rate below the legal maximum, and which Bonds shall be subject to the following provisions:

  1. (A) That proceeds of the Bonds shall be used only for the construction of school facilities and supporting infrastructure, including the furnishing and equipping of school facilities or the acquisition or lease of real property for school facilities pursuant to California Constitution Article XIIIA, Section 1(b)(3) and further that the proceeds of the Bonds shall be used only for the purposes specified in California Constitution Article XIIIA, Section 1(b)(3) (as amended by Proposition 39) and not for any other purpose, including teacher and non-construction related administrator salaries and any other school operating expenses.
  2. (B) That a and, based upon the adoption of this Resolution, this Governing Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the school facilities listed in Attachment "1".
  3. (C) That the Governing Board of the District shall conduct an annual, independent performance audit to insure that the proceeds from the sale of the Bonds have been expended only on the specific projects listed in this bond proposition.
  4. (D) That the Governing Board of the District shall conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the school facilities projects identified herein.
  5. (E) That the Governing Board of the District will, pursuant to the provisions of applicable State law, appoint a citizens' oversight committee, and conduct annual independent audits (as referenced above) to assure that the Bond proceeds are spent only on the school, facilities and classroom improvements, projects and costs identified in Attachment "1" and for no other purposes.

B-2

Taxpayer Protections: The following taxpayer protections are specifically provided in this Bond Measure and by law:

  • Bond funds shall be used only for the school facilities projects identified herein, and not for any other purpose.
  • As required by law, an shall oversee expenditures of bond funds, and related matters, and shall report to the Governing Board and communicate with the public on such expenditures.
  • As required by law, the School District shall conduct annual financial audits and performance audits (using independent auditors) for all bond funds.
  • Bond Funds shall not be used for teacher or non-construction related administrator salaries or other non-construction related operating expenses."

1 - 1

ATTACHMENT "1"

LAKE ELSINORE UNIFIED SCHOOL DISTRICT

GENERAL OBLIGATION BOND MEASURE

LIST OF SCHOOL FACILITIES PROJECTS
TO BE FUNDED WITH PROCEEDS OF BONDS

The general obligation bond funds of the Lake Elsinore Unified School District ("District") would be used to provide additional classrooms and support facilities, to create a 21st Century technology learning environment at District schools to upgrade and complete upgrades and repairs and related facilities costs on a District-wide basis at schools and school facilities as further identified and discussed below:

GOALS FOR DISTRICT-WIDE SCHOOL FACILITIES IMPROVEMENTS

It is the objective of the District's Governing Board that the bond funded projects will occur at schools and school sites throughout the District with the goals of providing the following:

  • ? Classrooms, labs and equipment for career and technology education classes so students are prepared for college and in-demand jobs in fields like health sciences, engineering, technology and skilled trades
  • ? Improved student safety and campus security systems, including security fencing, security cameras, emergency communications systems, smoke detectors, fire alarms and sprinklers
  • ? The facilities and technology needed to support high quality instruction in math and science
  • ? Upgrades to old, worn-out playground equipment, play fields and sports fields to meet current health and safety standards
  • ? The facilities and equipment needed to support high quality instruction in music and the arts
  • ? Improved heating, ventilation, insulation, doors and windows to increase energy efficiency and save money
  • ? Additional classrooms and schools to reduce student overcrowding and support student education for a 21st-Century learning environment

DISTRICT-WIDE 21st CENTURY INSTRUCTIONAL TECHNOLOGY PROGRAM

These projects include preparation, planning, design, procurement, installation, furnishings and equipment to support instructional technology/infrastructure, keep pace with new technology, provide high-speed access to information and learning in classrooms and teacher stations and will occur at schools and school sites throughout the District, which will include the following:

1 - 2

  • ? Upgrade/expand technology systems and equipment to support teaching and learning to keep pace with 21st Century standards
  • ? Increase broadband to improve communications access for high-speed data transmission
  • ? Upgrade learning technology infrastructure
  • ? Keep instructional technology current over time (including classroom instructional technology equipment)
  • ? Expansion/renovation of computer science labs and teaching stations
  • ? Installing and upgrading network infrastructure, including lighting and electrical systems and wiring to safely accommodate and support computers, technology, media presentation, communications and other electrical and/or electronic devices and systems

These projects include preparation, planning, design and architectural work, acquisition, construction and installation projects, furnishings and equipment (as further described herein) and supporting infrastructure costs (as further described below).

These projects may be undertaken at the District schools and school sites listed below under the heading "DISTRICT SCHOOL SITES FOR BOND PROGRAM"

NEW SCHOOLS AND CLASSROOMS PROGRAM -
TO MEET STUDENT EDUCATIONAL NEEDS AND TO REDUCE OVERCROWDING

Proceeds of the Bonds may be used to design, acquire, construct, furnish and equip new elementary schools and add new classrooms and school facilities at existing District schools with the goals of meeting student educational needs and reducing student overcrowding. These projects will include the following:

  • ? Provide additional classrooms and support facilities at the District's existing elementary schools
  • ? Acquire land for one new elementary school to reduce student overcrowding at existing schools
  • ? Construct two new elementary schools

These projects also include the following:

  • ? Make health and safety renovations and/or improvements
  • ? Modernize and upgrade old playgrounds, fields, and athletic areas to meet current health and safety standards
  • ? Upgrade/improve HVAC systems, repair and/or replace roofs & roofing systems, lighting and electrical systems to increase energy efficiency and save money
  • ? Installing new and upgraded security systems, fencing, cameras, emergency communications, and fire/earthquake safety systems
  • ? Handicap accessibility improvements to meet current health, safety and instructional standards
  • ? Upgrade and/or replace plumbing and sewer systems and facilities including, but not limited to, restrooms
  • 1 - 3

  • ? Improve student safety by replacing outdated/inadequate fire alarm and fire suppression systems including, but not limited to, fire safety equipment

Acquisition and construction projects would include, but not be limited to, site acquisition, classrooms, offices, cafeterias, gymnasiums, playing fields and other athletic facilities, school grounds, auditoriums, science and computer labs, libraries, restrooms, and other school facilities and supporting infrastructure. This may include site preparation, design costs, environmental and environmental control costs, consultant costs and site finish work, equipment and other costs as further described herein. The exact size, configuration and location of each school will be determined by the Governing Board based on the needs of the District.

These projects may be undertaken at the District schools and school sites listed below under the heading "DISTRICT SCHOOL SITES FOR BOND PROGRAM"

DISTRICT SCHOOL SITES FOR BOND PROGRAM

The District-Wide 21st Century Instructional Technology Program and the New Schools and Classrooms Program would be undertaken at some or all of the District's school sites (as listed below) and District educational support and administrative facilities:

High Schools

Elsinore High School
Lakeside High School
Temescal Canyon High School

K-8 Schools

Lakeland Village K-8 School
Luiseño K-8 School

Elementary Schools

Cottonwood Canyon Elementary School
Donald Graham Elementary School
Earl Warren Elementary School
Elsinore Elementary School
Machado Elementary School
Railroad Elementary School
Rice Canyon Elementary School
Ronald Reagan Elementary School
Tuscany Hills Elementary School
Wildomar Elementary School
William Collier Elementary School
Withrow Elementary School

Middle Schools

Canyon Lake Middle School
David A. Brown Middle School
Elsinore Middle School
Terra Cotta Middle School

Alternative Education

Ortega High School
Valley Adult School

The Bond Program projects undertaken at each school/school site will be determined by the Governing Board based on the needs of the District.

1 - 4

PROJECT COSTS FOR FURNISHINGS AND EQUIPMENT

Project costs for furnishings and equipment for the schools listed above may include, but are not limited to, some or all of the following: security and communication systems and equipment; desks and tables; window and floor coverings (including tiles and carpeting); computers; kitchen equipment; science laboratory equipment; and/or other electronic equipment and infrastructure.

Project costs for the above-referenced projects may include installation costs, engineering and design costs, project management/construction management costs, warranty costs, , State or local costs or expenses involving design, planning, site and facilities development costs and charges, environmental review(s) and proceedings, necessary supporting infrastructure costs, relocation costs and expenses, necessary contingency plans and related costs for construction and completion of the aforementioned facilities projects, direct legal costs and related costs. Project costs may also . when performing work on, or to, Bond projects. Allowable project costs also include: costs of issuing the bonds or other securities (as authorized under California law), and authorized under State law. Funding for these projects may come from this bond measure or other District resources as the school facilities needs arise.

In preparing the foregoing list, the Governing Board of the Lake Elsinore Unified School District has evaluated safety, class size and information technology needs. Approval of the bond measure does not guarantee that all of the identified projects within this list will be funded beyond local funds generated by the bond measure and does not guarantee that the projects will be completed in any particular order. The project list assumes State matching funding from a future statewide bond measure. Other listed projects will be upgraded and major repairs made only if and when State matching funds are received. The Lake Elsinore Unified School District will aggressively pursue State funding and other types of funding in order to maximize total funding for projects on this list.

No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the design, demolition, construction, acquisition, repair, renovation, 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 as identified herein, and not for any other purpose, including teacher and non-construction related administrator salaries and other non-construction related operating expenses.

Bond Expenditure Accountability and Citizens' Oversight Committee. The expenditure of bond funds on any of these projects is subject to tough accountability requirements required by law.

These include:

  • ? Annual financial audit by independent auditors.
  • ? Annual performance audit by independent auditors.
  • 1 - 5

  • ? Expenditure of bond funds will be monitored on an ongoing basis by an independent Citizens' Oversight Committee.

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Measure V Tax Rate Statement

TAX RATE STATEMENT

LAKE ELSINORE UNIFIED SCHOOL DISTRICT -
General Obligation Bond Election of November 8, 2016

MEASURE/PROPOSITION ___

As shown on the enclosed official ballot, an election is being held in the Lake Elsinore Unified School District ("District") on November 8, 2016, for the purpose of submitting to the registered voters within the District the question of whether the District shall issue and sell bonds in an amount not to exceed $105,000,000 for the purpose of providing funds for the specified school facilities and school projects as set forth in the resolution of the District calling such bond election. This measure will authorize a tax sufficient for payment of interest on, and redemption of, the bonds. The bonds shall bear interest at a rate, or rates, to be established at such time as the bonds are sold at fixed or variable interest rates not to exceed the maximum applicable statutory rate for such bonds. If such bonds are authorized and sold, the principal thereof and the interest thereon are a general obligation of the District, payable from the proceeds of ad valorem taxes on taxable real property located within the District.

The following information is submitted in compliance with California Elections Code Sections 9401 through 9404 based on estimates of assessed valuations available at the time of filing of this statement:

  1. (a) The best estimate from official sources of the tax rate that would be required to be levied to fund the bond issue during the first fiscal year after the sale of the bonds, based on estimated assessed valuations available at the time of filing of this statement or a projection based on experience within the same jurisdiction or other demonstrable factors, is $0.019 per $100 ($19.00 per $100,000) of assessed valuation. It is estimated that this tax rate would apply in the 2017-2018 tax year.
  2. (b) It is currently anticipated that the bonds will be sold in multiple series. The best estimate from official sources of the tax rate which would be required to be levied to fund such bond issue during the first fiscal year after the final sale of the bonds based on estimated assessed valuations available at the time of filing of this statement or a projection based on experience within the same jurisdiction or other demonstrable factors is $0.025 per $100 ($25.00 per $100,000) of assessed valuation. It is estimated that this tax rate would apply in the 2045-2046 tax year.
  3. (c) The best estimate from official sources of the highest tax rate which would be required to be levied to fund the bond issues during the term of the bond issue, based on estimated assessed valuations available at the time of filing of this statement or a projection based on experience within the same jurisdiction or other demonstrable factors, is $0.029 per $100 ($29.00 per $100,000) of assessed valuation. It is estimated that the highest tax rate would apply in the 2025-2026 tax year based on assessed valuations available at the time of this filing or a projection based on experience within the same jurisdiction or other demonstrable factors.
  4. BAW&G/191911.3

  5. (d) The best estimate of the total debt service, including principal and interest, that would be required to be repaid if all the bonds are issued and sold is $170,968,160.

The best estimate from official sources of the average annual tax rate that would be required to be levied to over the lifetime of the bonds for their repayment, based on estimated assessed valuations available at the time of filing of this statement, projections based on historical assessed valuations within the District and other demonstrable factors, is $19.00 per $100,000 of assessed valuation.

Voters should note that the estimated tax rates are based on the assessed value of taxable property within the District as shown on the official rolls of Riverside County, not on the property's market value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective rate than described above. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the Riverside County Assessor in the annual assessment and the equalization process. Property owners should consult their own property tax bills and/or tax advisors to determine their property's assessed value and any applicable tax exemptions.

Attention of all voters is directed to the fact that these estimates are based on assumptions and projections derived from information obtained from official sources. The actual tax rates and the years in which they will apply may vary depending on the timing of any bond sales, the amount of bonds sold, market interest rates at the time of each sale of bonds and actual assessed valuations over the term of repayment of the bonds. The timing of the bond sales and the amount of bonds sold at any given time will be governed by the needs of the District, including the legal limitations on bonds approved by a 55% vote. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of the bond sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the Riverside County Assessor in the annual assessment and the equalization process.

Dated: August 4, 2016

__________________________________________
Dr. Doug Kimberly, Superintendent
Lake Elsinore Unified School District

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Measure V Agenda Description

Agenda of August 4, 2016 (complete item)

L.11. Resolution No. 2016-17-028 of the Governing Board of the Lake Elsinore Unified School District Ordering a School Bond Election, Establishing Specifications for an Election Order, Requesting Consolidation with Other Elections Occurring on November 8, 2016, and Taking Related Actions
Speaker:
Dr. Gregory J. Bowers, Assistant Superintendent, Facilities & Operations Support Services
Rationale:

The Lake Elsinore Unified School District (“District”) is considering whether to call a general obligation bond election within the boundaries of the District for November 8, 2016, in order to provide funds for various construction, acquisition, rehabilitation, modernization, technology and improvement projects as identified and discussed in the School District’s bond measure (including the project list) which is attached to proposed Resolution No. 2016-17-028 (“Bond Measure”).

Pursuant to the provisions of the Education Code and Section 1(b) of Article XIIIA of the California Constitution, the Governing Board (“Board”) of the District may order the Riverside County Registrar of Voters (“County Registrar”) to call an election and submit to the electors within the boundaries of the District the question of whether Bonds shall be issued and sold for the purpose of raising money to fund identified facilities and capital projects and costs incident thereto for November 8, 2016.

Resolution No. 2016-17-028 has been drafted to comply with the Constitutional and statutory requirements for a general obligation bond election. Resolution No. 2016-17-028 has been drafted in consultation with the District’s Financial Advisor Piper Jaffray, Bond Counsel Bowie, Arneson, Wiles & Giannone, and District staff and based on prior presentations to, and discussions with, the Board.  The description of facilities projects proposed to be funded with the Bond funds has also been prepared and reviewed by District staff and consultants and is based on prior presentations to, discussions with, the Board. 

If adopted by the Board, Resolution No. 2016-17-028 will be submitted to the Riverside County Registrar of Voters prior to the submission deadline.  The County Registrar and County Board of Supervisors will be requested to consolidate the bond election with the other elections occurring on November 8, 2016, within the boundaries of the District and to take all other actions necessary to call and conduct the bond election.  The Resolution also authorizes the preparation and submission of the necessary Tax Rate Statement and other documentation and actions necessary in order to call and conduct the general obligation bond election.

The School District is being represented in this matter by TBWB Strategies as Information/Polling Consultant and Bowie, Arneson, Wiles & Giannone as Bond Counsel. It is currently expected that the District will utilize the services of Piper Jaffray & Co, as its initial Underwriter.


 
Comments:

Prepared by:  Dr. Gregory J. Bowers, Assistant Superintendent, Facilities & Operations Support Services

Approved by:  Dr. Doug Kimberly, District Superintendent

Recommended Motion:

Adopt Resolution No. 2016-17-028, based on prior presentations and discussions with the Governing Board and District staff.

 


Quick Summary / Abstract:

Resolution to call General Obligation Bond Election on November 8, 2016.

Presented by:  Dr. Gregory J. Bowers, Assistant Superintendent, Facilities & Operations Support Services

Roll Call Votes
_________ Juan Saucedo
_________ Stan Crippen
_________ Heidi Matthies Dodd
_________ Susan Scott
_________ Harold Stryker

Financial Impact:
To be determined.
Attachments:
Notice of Exemption
Resolution 2016-17-028 Ordering School District bond Election w/ Exhibits A-D and Attach 1 to Exhibit B
Tax Rate Statement - LEUSD GO Bond

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Measure V Resolution

RESOLUTION NO. 2016-17-028

RESOLUTION OF THE GOVERNING BOARD OF THE LAKE
ELSINORE UNIFIED SCHOOL DISTRICT ORDERING A SCHOOL
BOND ELECTION, ESTABLISHING SPECIFICATIONS FOR AN
ELECTION ORDER, REQUESTING CONSOLIDATION WITH OTHER
ELECTIONS OCCURRING ON NOVEMBER 8, 2016, AND TAKING
RELATED ACTIONS

WHEREAS, the Lake Elsinore Unified School District ("District"), a California public school district organized and operating pursuant to the laws of the State of California ("State"), desires to construct and acquire school facilities, make improvements to certain existing facilities, rehabilitate, modernize or replace certain existing school facilities, or acquire or lease real property for school facilities purposes, which may include the furnishing and equipping of school facilities, all as further described herein, for school facilities to serve the students within the District as further described in Exhibit "A" attached hereto and incorporated herein by this reference ("School Facilities"); and

WHEREAS, Section 1(a) of Article XIIIA of the California Constitution enacted in 1978, subject to exceptions, limits ad valorem taxes on real property to one percent (1%) of the full cash value of such property; and

WHEREAS, Proposition 46, approved by the voters of the State in 1986 added a provision to Section 1(b) of Article XIIIA to exempt from such one percent (1%) of full cash value limitation, those ad valorem taxes used to pay debt service of any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds (2/3) of the votes cast by the voters voting on the proposition for bonded indebtedness; and

WHEREAS, the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") was adopted by the voters within the State of California in 2000, added Section 1(b)(3) of Article XIIIA of the California Constitution and amended Section 18(b) of Article XVI of the California Constitution, to allow a public school district, upon approval by a two-thirds vote of its Governing Board, to incur bonded indebtedness approved in an election conducted after such date for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities or the acquisition or lease of facilities or real property for school facilities, in consideration of safety, class size reduction and information technology needs, to be approved by fifty-five percent (55%) of the voters of such school district provided that certain findings, determinations, certifications and requirements are applicable to such a bond election and the proposition for such bonded indebtedness includes specified accountability requirements all as set forth in Proposition 39, as adopted, and related State legislation are satisfied ("Proposition 39 Accountability Requirements"); and

WHEREAS, under existing State law, November 8, 2016, is a Statewide General Election Date; and

2

WHEREAS, in the judgment of the Board, it is advisable to order the Riverside County Registrar of Voters ("County Registrar") to conduct an election within the District on the question of whether the Bonds shall be issued and sold for the purposes described herein and subject to the Proposition 39 Accountability Requirements; and

WHEREAS, under Section 10403 et seq. of 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 8, 2016.

NOW, THEREFORE, THE GOVERNING BOARD OF THE LAKE ELSINORE UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. The Board, pursuant to California Education Code ("Education Code") Sections 15100 et seq. and 15264 et seq., Section 1(b)(3) of Article XIIIA of the California Constitution and Section 18(b) of Article XVI of the California Constitution, hereby orders and calls an election to submit to the electors of the District the question of whether Bonds will be issued and sold for the purpose of raising money to finance the School Facilities listed on Exhibit "A" ("Election"), which is also on file at the District office, and for paying costs incident thereto, which Election will occur on a Statewide General Election Date. The amount of the bond authorization shall be $105,000,000 as further set forth in the exhibits hereto.

Section 3. The date of the Election shall be November 8, 2016.

Section 4. The purpose of the Election shall be for the voters in the District to vote on a proposition as set forth in Section 10 hereof ("Proposition"), containing the question of whether the District shall issue the Bonds for the purposes stated therein, including the Proposition 39 Accountability Requirements, and subject to the terms and conditions set forth in this Resolution.

Section 5. That the authority for ordering the Election is contained in Education Code Sections 15100 et seq. and 15264 et seq., Section 1(b)(3) of Article XIIIA of the California Constitution and Section 18(b) of Article XVI of the California Constitution as amended pursuant to the provisions of Proposition 39.

Section 6. This Resolution constitutes the order of the District to the County Registrar to call and conduct the Election ("Election Order") within the boundaries of the District on November 8, 2016, which is a Statewide General Election Date, subject to the terms, provisions and requirements set forth herein.

Section 7. The authority for the specification of the Election Order is contained in Education Code Section 5322.

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Section 8. The Clerk of the Board is directed to send, or cause to be sent, a certified copy of this Resolution to the County Registrar and a certified copy of this Resolution to the Riverside County Clerk of the Board of Supervisors ("County Clerk"). The Clerk of the Board shall also transmit, or cause to be transmitted, a copy of this Resolution to the Riverside County Superintendent of Schools.

Section 9. Pursuant to Education Code Section 5342 and Part 3 (commencing with Section 10400) of Division 10 of the California Elections Code ("Elections Code"), the County Registrar and the Riverside County Board of Supervisors ("County Board") are hereby requested to take any and all actions necessary to consolidate the Election ordered hereby with any and all other elections to be held on November 8, 2016, within the boundaries of the District, and to take all other actions necessary to call and conduct the Election specified herein. The County Registrar, the County Clerk and the County Board are hereby also requested to take all other actions necessary to conduct the Election called and ordered hereby.

Section 10. Based upon the requirements of the California Constitution and State law, the Proposition to be voted on by the voters in the District in such Election shall be as set forth in Exhibit "B" attached hereto and incorporated herein by this reference. A Bond Measure Statement, to comply with Elections Code Section 13247, is attached hereto as Exhibit "C" and incorporated herein by this reference. A form of School Bond Election Notice is attached hereto as Exhibit "D" and is incorporated herein by this reference.

Section 11. If the Bonds are approved pursuant to the requirements of the California Constitution and applicable California law, the Board of the District shall establish and appoint members to an independent citizens' oversight committee in accordance with the requirements of Article 2 of Chapter 1.5 of Part 10 of the Education Code.

Section 12. Pursuant to Education Code Section 15272, and as included in Exhibit "B" attached hereto, the Board hereby directs that the County Registrar cause to be printed in or on the ballot materials for the Election the following statement:

"If this Bond measure is approved, the Lake Elsinore Unified School District Governing Board will appoint a citizens' oversight committee and conduct annual independent audits to assure that bond funds are spent only on school and classroom improvements and for no other purposes."

Section 13. In accordance with Education Code Section 15270, the Bonds will only be issued if the tax rate levied to meet the requirements of Section 18 of Article XVI of the California Constitution will not exceed sixty dollars ($60) per year per one hundred thousand dollars ($100,000) of taxable property for the bonds authorized in this election when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.

Section 14. Pursuant to California Government Code Sections 53410 and 53411 and other provisions of State law, the Board hereby finds, determines and directs as follows:

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  1. (a) The purpose of the Bonds to be authorized pursuant to the Election is to finance the School Facilities as described herein.
  2. (b) The Board hereby directs that at the time the Bonds are authorized by the Board for issuance and sale, the Board shall provide, in such issuance resolution or other bond issuance documents, which the proceeds of the Bonds shall be used only for the purpose set forth in Section 14(a), above.
  3. (c) The Board hereby directs that at the time the Bonds are authorized by the Board for issuance and sale, the Board shall provide in such issuance resolution or other bond issuance documents for the creation of one or more funds or accounts (which may include subaccounts) into which the proceeds of the Bonds, or each series of Bonds as the case may be, shall be deposited. The Bonds may be issued in one or more series consistent with applicable law, including the provisions and restrictions of this Section 14, which shall apply to each such series of the Bonds.
  4. (d) The District's Superintendent, or the District's Assistant Superintendent Facilities and Operations (as shall be applicable), shall have the responsibility (once the Bonds are authorized and issued) to provide to the Board, no less often than annually, a written report which shall contain at least the following information:
    1. (i) The amount of the Bond proceeds received and expended within the identified period of time. If no Bonds have been issued and sold, the report may simply note such situation;
    2. (ii) In the event that Bonds have been issued and sold, and proceeds therefore received, the report shall include the status of the acquisition, construction or financing of the School Facilities with the proceeds of such Bonds or series of Bonds; and
    3. (iii) In the event that taxes have been levied in a fiscal year to pay principal and interest on the Bonds, the amount of principal and interest due on the Bonds in the corresponding calendar or fiscal year.

The report required by this Section 14(d) may be combined with other periodic reports which include the same information, including, but not limited to, periodic reports made to the California Debt and Investment Advisory Commission or continuing disclosure reports or other reports made in connection with the Bonds, or any series thereof.

The requirements of this Section 14(d) shall apply only until all Bonds, or each series of Bonds, are redeemed or defeased, but if the Bonds or any series of Bonds are refunded, such provisions shall apply until all such refunding Bonds are redeemed or defeased.

Section 15. The Bonds may be issued in one or more series by the District from time to time, and each series of Bonds shall mature not more than 40 years from the date of issuance thereof. The Bonds shall be issued under the Education Code, under the provisions of Section 5 53506 of the California Government Code, or under any other provision of law authorizing the issuance of general obligation bonds by school districts.

Section 16. Any or all of the members of this Board are authorized to act as an author of any ballot argument prepared in connection with the Election, including a rebuttal argument.

Section 17. The Superintendent, Assistant Superintendent Facilities and Operations, President of the Board, and their respective designees, are hereby authorized to execute and deliver any Tax Rate Statement (prepared or provided pursuant to Elections Code Sections 9400- 9404) or any other document and to perform all other acts or actions necessary to place the Bond measure called hereby on the ballot and to conduct the Election ordered herein. This shall include, but shall not be limited to, payment to the County for costs or expenses incurred by the County in calling and conducting the Election for the Proposition as directed herein. Such costs may, to the extent legally permissible, be recovered as a cost of issuance of the Bonds if so authorized by the electors.

Section 18. The Superintendent, the Assistant Superintendent Facilities and Operations, the President of the Board, and/or their respective designee(s), are hereby authorized and directed to make any changes to the text of the Proposition or the Bond Measure Statement referenced in Section 10 hereof and set forth in Exhibits "B" and "C" as required to conform to any requirements of Section 1(b) of Article XIIIA of the California Constitution, Proposition 39, State Law or the County Registrar.

Section 19. The firm of Bowie, Arneson, Wiles & Giannone, is hereby confirmed as bond counsel to the District, in connection with the election proceedings authorized under this Resolution and the issuance of any Bonds in the event such election is approved by the requisite percentage of voters. The Superintendent is hereby authorized and directed to enter into an agreement with each of such firms in the respective forms on file with the Clerk of the Board.

Section 20. The adoption of this Resolution, and the call and conducting of the Election, is not a "project" for purposes the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code ("CEQA") but that each of the projects specified in Exhibit "A" will be accomplished in accordance with the applicable requirements of CEQA. The Clerk of the Board is authorized and directed to complete, execute and file, or arrange for filing of, a Notice of Exemption in such regard.

Section 21. The Superintendent, the Assistant Superintendent Facilities and Operations, President of the Board, Secretary of the Board and/or their respective designee(s), District staff and District consultants are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to give effect to and comply with the directives, terms and intent of this Resolution. Such actions heretofore taken by such officers, officials, consultants and staff are hereby ratified, confirmed and approved.

BAW&G/191912.2
11027 D-20.1 6

Section 22. This resolution shall take effect upon its adoption.

[Remainder of this page intentionally blank.]

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ADOPTED, SIGNED AND APPROVED this 4th day of August, 2016.

GOVERNING BOARD OF THE LAKE
ELSINORE UNIFIED SCHOOL DISTRICT

By: ______________________________________
President of the Governing Board of the Lake
Elsinore Unified School District

ATTEST:

By: ______________________________________
Clerk of the Governing Board of the Lake
Elsinore Unified School District

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STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )

I, Stan Crippen, Clerk of the Governing Board of the Lake Elsinore Unified School District, do hereby certify that the foregoing resolution was duly adopted by the Governing Board of such School District at a meeting of said Board held on the 4th day of August, 2016, of which meeting all of the members of the Board had due notice and at which a quorum thereof were present and acting throughout and for which notice and an agenda was prepared and posted as required by law and that at such meeting such resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Clerk of the Governing Board of the Lake Elsinore
Unified School District

9

STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )

I, Stan Crippen, Clerk of the Governing Board of the Lake Elsinore Unified School
District, do hereby certify that the foregoing is a full, true and correct copy of Resolution No.
2016-17-028 of such Board and that the same has not been amended, rescinded or repealed.

Dated: August 4, 2016

Clerk of the Governing Board of the Lake Elsinore
Unified School District

A-1

EXHIBIT "A"

LAKE ELSINORE UNIFIED SCHOOL DISTRICT

GENERAL OBLIGATION BOND MEASURE

LIST OF SCHOOL FACILITIES PROJECTS
TO BE FUNDED WITH PROCEEDS OF BONDS

The general obligation bond funds of the Lake Elsinore Unified School District ("District") would be used to provide additional classrooms and support facilities, to create a 21st Century technology learning environment at District schools to upgrade and complete upgrades and repairs and related facilities costs on a District-wide basis at schools and school facilities as further identified and discussed below:

GOALS FOR DISTRICT-WIDE SCHOOL FACILITIES IMPROVEMENTS

It is the objective of the District's Governing Board that the bond funded projects will occur at schools and school sites throughout the District with the goals of providing the following:

  • ? Classrooms, labs and equipment for career and technology education classes so students are prepared for college and in-demand jobs in fields like health sciences, engineering, technology and skilled trades
  • ? Improved student safety and campus security systems, including security fencing, security cameras, emergency communications systems, smoke detectors, fire alarms and sprinklers
  • ? The facilities and technology needed to support high quality instruction in math and science
  • ? Upgrades to old, worn-out playground equipment, play fields and sports fields to meet current health and safety standards
  • ? The facilities and equipment needed to support high quality instruction in music and the arts
  • ? Improved heating, ventilation, insulation, doors and windows to increase energy efficiency and save money
  • ? Additional classrooms and schools to reduce student overcrowding and support student education for a 21st-Century learning environment

DISTRICT-WIDE 21st CENTURY INSTRUCTIONAL TECHNOLOGY PROGRAM

These projects include preparation, planning, design, procurement, installation, furnishings and equipment to support instructional technology/infrastructure, keep pace with new technology, provide high-speed access to information and learning in classrooms and teacher stations and will occur at schools and school sites throughout the District, which will include the following:

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  • ? Upgrade/expand technology systems and equipment to support teaching and learning to keep pace with 21st Century standards
  • ? Increase broadband to improve communications access for high-speed data transmission
  • ? Upgrade learning technology infrastructure
  • ? Keep instructional technology current over time (including classroom instructional technology equipment)
  • ? Expansion/renovation of computer science labs and teaching stations
  • ? Installing and upgrading network infrastructure, including lighting and electrical systems and wiring to safely accommodate and support computers, technology, media presentation, communications and other electrical and/or electronic devices and systems

These projects include preparation, planning, design and architectural work, acquisition, construction and installation projects, furnishings and equipment (as further described herein) and supporting infrastructure costs (as further described below).

These projects may be undertaken at the District schools and school sites listed below under the heading "DISTRICT SCHOOL SITES FOR BOND PROGRAM"

NEW SCHOOLS AND CLASSROOMS PROGRAM -
TO MEET STUDENT EDUCATIONAL NEEDS AND TO REDUCE OVERCROWDING

Proceeds of the Bonds may be used to design, acquire, construct, furnish and equip new elementary schools and add new classrooms and school facilities at existing District schools with the goals of meeting student educational needs and reducing student overcrowding. These projects will include the following:

  • ? Provide additional classrooms and support facilities at the District's existing elementary schools
  • ? Acquire land for one new elementary school to reduce student overcrowding at existing schools
  • ? Construct two new elementary schools

These projects also include the following:

  • ? Make health and safety renovations and/or improvements
  • ? Modernize and upgrade old playgrounds, fields, and athletic areas to meet current health and safety standards
  • ? Upgrade/improve HVAC systems, repair and/or replace roofs & roofing systems, lighting and electrical systems to increase energy efficiency and save money
  • ? Installing new and upgraded security systems, fencing, cameras, emergency communications, and fire/earthquake safety systems
  • ? Handicap accessibility improvements to meet current health, safety and instructional standards
  • ? Upgrade and/or replace plumbing and sewer systems and facilities including, but not limited to, restrooms
  • A-3

    ? Improve student safety by replacing outdated/inadequate fire alarm and fire suppression systems including, but not limited to, fire safety equipment

Acquisition and construction projects would include, but not be limited to, site acquisition, classrooms, offices, cafeterias, gymnasiums, playing fields and other athletic facilities, school grounds, auditoriums, science and computer labs, libraries, restrooms, and other school facilities and supporting infrastructure. This may include site preparation, design costs, environmental and environmental control costs, consultant costs and site finish work, equipment and other costs as further described herein. The exact size, configuration and location of each school will be determined by the Governing Board based on the needs of the District.

These projects may be undertaken at the District schools and school sites listed below under the heading "DISTRICT SCHOOL SITES FOR BOND PROGRAM"

DISTRICT SCHOOL SITES FOR BOND PROGRAM

The District-Wide 21st Century Instructional Technology Program and the New Schools and Classrooms Program would be undertaken at some or all of the District's school sites (as listed below) and District educational support and administrative facilities:

High Schools

Elsinore High School
Lakeside High School
Temescal Canyon High School

K-8 Schools

Lakeland Village K-8 School
Luiseño K-8 School

Elementary Schools

Cottonwood Canyon Elementary School
Donald Graham Elementary School
Earl Warren Elementary School
Elsinore Elementary School
Machado Elementary School
Railroad Elementary School
Rice Canyon Elementary School
Ronald Reagan Elementary School
Tuscany Hills Elementary School
Wildomar Elementary School
William Collier Elementary School
Withrow Elementary School

Middle Schools

Canyon Lake Middle School
David A. Brown Middle School
Elsinore Middle School
Terra Cotta Middle School

Alternative Education

Ortega High School
Valley Adult School

The Bond Program projects undertaken at each school/school site will be determined by the Governing Board based on the needs of the District.

A-4

PROJECT COSTS FOR FURNISHINGS AND EQUIPMENT

Project costs for furnishings and equipment for the schools listed above may include, but are not limited to, some or all of the following: security and communication systems and equipment; desks and tables; window and floor coverings (including tiles and carpeting); computers; kitchen equipment; science laboratory equipment; and/or other electronic equipment and infrastructure.

Project costs for the above-referenced projects may include installation costs, engineering and design costs, project management/construction management costs, warranty costs, master facilities planning, State or local costs or expenses involving design, planning, site and facilities development costs and charges, environmental review(s) and proceedings, necessary supporting infrastructure costs, relocation costs and expenses, necessary contingency plans and related costs for construction and completion of the aforementioned facilities projects, direct legal costs and related costs. Project costs may also include the payment or prepayment of lease payments for lease of authorized facilities, property or buildings, prepayment of lease obligations for facilities purposes and payment of costs and expenses for interim financing of authorized facilities (including, but not limited to, financing delivery costs). 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, Bond projects. Allowable project costs also include: costs of issuing the bonds or other securities (as authorized under California law), informational distribution costs and election costs authorized under State law. Funding for these projects may come from this bond measure or other District resources as the school facilities needs arise.

In preparing the foregoing list, the Governing Board of the Lake Elsinore Unified School District has evaluated safety, class size and information technology needs. Approval of the bond measure does not guarantee that all of the identified projects within this list will be funded beyond local funds generated by the bond measure and does not guarantee that the projects will be completed in any particular order. The project list assumes State matching funding from a future statewide bond measure. Other listed projects will be upgraded and major repairs made only if and when State matching funds are received. The Lake Elsinore Unified School District will aggressively pursue State funding and other types of funding in order to maximize total funding for projects on this list.

No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the design, demolition, construction, acquisition, repair, renovation, 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 as identified herein, and not for any other purpose, including teacher and non-construction related administrator salaries and other non-construction related operating expenses.

Bond Expenditure Accountability and Citizens' Oversight Committee. The expenditure of bond funds on any of these projects is subject to tough accountability requirements required by law.

These include:

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  • ? Annual financial audit by independent auditors.
  • ? Annual performance audit by independent auditors.
  • ? Expenditure of bond funds will be monitored on an ongoing basis by an independent Citizens' Oversight Committee.

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

Measure V Notice of Election

D-1

EXHIBIT "D"

PROPOSED FORM OF SCHOOL BOND ELECTION NOTICE

NOTICE IS HEREBY GIVEN to the qualified electors of the Lake Elsinore Unified School District ("District") located in the County of Riverside, State of California, that in accordance with applicable law, an election will be held on Tuesday, the 8th day of November, 2016, in the District, at which election there will be submitted to the voters the question of issuing and selling bonds of said District in the amount of not to exceed One Hundred Five Million Dollars ($105,000,000) in accordance with the actions relating thereto taken by the Governing Board of the District.

All of the purposes enumerated herein are hereby united and shall be voted upon as one single proposition.

The bonds proposed to be issued and sold shall bear interest at a rate not exceeding twelve percent (12%) per annum.

The number of years the whole or any part of the bonds are to run shall not exceed the applicable statutory maximum, from the date of the bonds or the date of any series thereof.

Each qualified elector of the District shall be entitled to vote only in the District election precinct of which he/she is a resident.

The electors in the District shall vote on the following measure on November 8, 2016:

MEASURE [ ]

[Insert full text of Bond Measure]

Dated this ____ day of _________, 2016.

Riverside County Registrar of Voters:

By_______________________________

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

 


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