Bonsall Unified Schools: Vote Yes on Measure DD Bonds - San Diego 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    Agenda    Resolution  

Commentary on Measure DD

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    Agenda    Resolution  

Measure DD Question

SCHOOL
BONSALL UNIFIED SCHOOL

MEASURE DD To construct and equip a new high school; install emergency communication systems; reduce traffic hazards for increased student safety; upgrade power/electrical systems; provide health/fitness facilities for student/community use; repair leaky pipes/; and replace temporary buildings with permanent classrooms; shall Bonsall Unified School District issue $58 million of bonds with interest rates below legal limits, , and all funds spent locally and not taken by the State and spent elsewhere?

BONDS - YES
BONDS - NO

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

Impartial Analysis for Measure DD

COUNTY COUNSEL IMPARTIAL ANALYSIS

This measure was placed on the ballot by the governing board of the Bonsall Union School District ("District"). This measure, if approved by 55% of the votes cast on the measure, will authorize the District to issue and sell $58,000,000 in general obligation bonds. The sale of these bonds by the District is for the purpose of raising money for the District, and represents a debt of the District. In exchange for the money received from the bond holders, the District promises to pay the holders an amount of interest for a certain period of time, and to repay the bonds on the expiration date.

Voter approval of this measure will also authorize an annual tax to be levied upon the taxable property within the District. The purpose of this tax is to generate sufficient revenue to pay interest on the bonds as it becomes due and to provide a fund for payment of the principal on or before maturity.

Proceeds from the sale of bonds authorized by this measure may be used by the District 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.

The interest rate on any bond, which is established at the time of bond issuance, could not exceed 12% per annum. The final maturity date of any bond could be no later than 40 years after the date the bonds are issued as determined by the District.

The tax authorized by this measure is consistent with the requirements of the California Constitution. The California Constitution permits property taxes, above the standard one percent (1%) limitation, to be levied upon real property to pay the interest and redemption charges on any bonded indebtedness for, among other things, the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, when approved by 55% of the voters if:

N SD 227-039
PR-1313-DD-2
COUNTY COUNSEL IMPARTIAL ANALYSIS (Continued)

(1) the proceeds from the sale of the bonds are used only for the purposes specified,

(2) the District, by evaluating safety, class size reduction, and information technology needs, has approved a list of specific projects to be funded,

(3) the District will conduct an annual, independent performance audit, and

(4) the District will conduct an annual, independent financial audit.

If a bond measure is approved, state law requires the District to establish an independent citizens' oversight committee. The District has made this ballot measure subject to these requirements.

Approval of this measure does not guarantee that the proposed projects in the District that are the subject of these bonds will be funded beyond the local revenues generated by this measure.

A "YES" vote is a vote in favor of authorizing the District to issue and sell $58,000,000 in general obligation bonds.

A "NO" vote is a vote against authorizing the District to issue and sell $58,000,000 in general obligation bonds.

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

Argument in Favor of Measure DD

N SD 227-040
PR-1313-DD-3

ARGUMENT IN FAVOR OF MEASURE DD

Vote YES on Measure DD!

Your YES Vote on Measure DD will protect, build, and repair our community's most valuable assets – our children's public schools – while at the same time guaranteeing significant taxpayer protections.

Measure DD will improve our schools by:

  •  Building a state-of–the-art Bonsall High School, including a Career Volunteer Center and other community use projects
  •  Improving safety and security for our children, many of whose families have military ties
  •  Updating emergency communication systems and fire alarms
  •  Improving school parking, traffic flow, and disabled access.
  •  Developing fitness facilities for joint use by schools and community

Measure DD will protect taxpayers by:

  •  Making our local school projects eligible for State matching funds
  •  Requiring independent citizen oversight and annual audits to ensure funds are spent as promised
  •  Prohibiting
  •  Imposing requiring all monies to be spent on our local schools
  •  Prohibiting the state from taking local bond funds and spending it in other districts

Vote YES to improve security and safety at our school sites.

Vote YES to ensure our schools continue to offer students the outstanding education they need to compete in the modern world.

Vote YES to retain and attract high-quality educators. And Vote YES to provide the quality schools that improve property values.

Vote YES to help Bonsall Unified School District achieve their goals of academic excellence and support for all students to be highly competitive in their chosen career path and/or college.

To build better, safer schools, improve student achievement, save taxpayer dollars with historically low interest rates, and , please join business leaders, teachers, parents, grandparents and neighbors in voting YES on Measure DD.

VAUGHN 'BUD' COLE
President Bonsall Chamber of Commerce

TIMOTHY COEN
Father & Physician

SYLVIA TUCKER
Grandmother & 20-year Bonsall Unified School District Board Member

HECTOR SOTO
President District English Learner Advisory Committee

GREGORY A. STEIN
Chairman of the Board San Diego County Taxpayers Association

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

Rebuttal to Argument in Favor of Measure DD

N SD 227-041
PR-1313-DD-4

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE DD

Measure DD's tax increase is unfair to seniors and fixed income property owners. Growers can't afford this $105 million debt.

A $500,000 property can expect $300 more taxes per year for decades if Measure DD passes. Worse the estimated high of $60 per $100,000 is not guaranteed.

How many extra taxes already on your bill? Can you afford another? Landlords will raise rents!

Bonsall Unified School District isn't in Fallbrook Union High School District anymore but properties in Bonsall are still paying taxes for Fallbrook bonds. Why? This separation and doubling of administration costs was a waste! Surprised there's not enough money for classrooms?

Bonsall tax bills also include these extra charges:

Metropolitan Water District
Palomar Community College District, 2006 bond
Bonsall Unified School District, 2005 bond
Palomar Pomerado Healthcare District, 2005 bond

Why another Bonsall bond so soon? How can District claim leaky roofs, rusty pipes or unsafe conditions? Where was proper maintenance? Was prior bond money wasted on pools, AstroTurf, bleachers or theaters instead of classrooms and student safety?

Measure DD is endorsed by San Diego County Taxpayers Association. They're putting lipstick on this pig. Don't be fooled. Many of their directors / officers profit directly / indirectly from school bonds. Should be called San Diego County "TAXTAKERS" Association.

Is SDCTA looking out for you or themselves? They endorsed Poway 's $105m bond that's now costing those taxpayers nearly $1 billion. Why? They profit! Google: San Diego County Taxpayers Association Gonsalves Cozy.

Promised Citizens' Bond Oversight Committee = toothless tiger. Measure DD lacks specific prioritized project list with estimated costs so Citizens' Bond Oversight Committee can measure accountability.

Vote NO until these problems are fixed.

www.CalTAN.org

M. KEVIN O'NEILL,
President California Taxpayers Action Network

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

Argument Against Measure DD

N SD 227-042
PR-1313-DD-5

ARGUMENT AGAINST MEASURE DD

Don't be a victim of The School Bond Scam! (www.schoolbondscam.org)

News articles and campaign finance disclosures show Wall Streeters, contractors and consultants pay money to pass school bonds for their immediate profit leaving each taxpayer with decades of additional debt. Google: "Local School Bonds: Big Donors Win Big Contracts" OR Orange County Register's "Bankers Push School Bonds for C.A.S.H."

The School Bond Scammers gladly pay to pass bonds anticipating school boards will reward them with inflated no bid contracts in return. Google: Sweetwater school pay to play OR Fresno Leaseback FBI Arax.

Voice of San Diego's August 6, 2012 investigative report revealed Poway School District's "Capital Appreciation Bonds" put their taxpayers on the hook to pay back about $1 billion for their $105 million bond. Google: "Thanks a Billion"

California Taxpayers Action Network (www.caltan.org) is not against all school bonds and has supported those (i.e. Walnut Valley Unified School District) that contain proper internal controls to prevent waste and encourage good value for taxpayers.

This bond does not include such taxpayer protections. Contracts can be handed to favored contractors and consultants without regard to price!

Worse, this bond lacks a prioritized Project List with estimated project costs for each and a commitment to build the proposed projects in the promised prioritized order. This bond allows pet projects to be built instead of necessary ones.

Why does District need another bond so soon after their last one? Did they handout over priced contracts and put in astroturf fields with the last bond instead of making needed classroom repairs?

Vote NO until they propose a better bond next election.

California Taxpayers Action Network is a San Diego based all-volunteer, statewide network of taxpayer advocates who promote sound fiscal policies, practices and business methods by government entities for the public's benefit and protection.

M. KEVIN O'NEILL
President, California Taxpayers Action Network

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Rebuttal to Argument Against Measure DD

N SD 227-043
PR-1313-DD-6

REBUTTAL TO ARGUMENT AGAINST MEASURE DD

The writer of the argument against Measure DD doesn't live anywhere near our community and filed identical arguments against many other school bonds throughout the county, ignoring the facts regarding our local schools.

  •  Contrary to the opponent's claims, Measure DD isn't a capital appreciation bond, like Poway's, nor does Bonsall have any athletic fields with astro turf.
  •  Measure DD projects are critical to our community. The school district has carefully evaluated student safety, the deterioration of school facilities and the technology needs of our schools.
  •  Measure DD funds are subject to audit and oversight by an independent citizens' committee. Funds cannot be used for administrator salaries, benefits or pensions.
  •  Measure DD will save Bonsall taxpayers millions of dollars by locking in today's low interest rates.
  •  Measure DD will continue improving our local schools, increase home values and create new construction jobs that will boost our local economy.
  •  Measure DD will qualify the Bonsall Unified School District for state matching funds. The most economical way to improve our schools is to share the cost with the state. If we do not take advantage of this opportunity, we will be forfeiting our fair share to other California school districts.

By approving Measure DD, you can bring jobs, attract state funding, create better places to learn, continue the job of improving our local schools and ensure that we get the best deal possible at the lowest price.

The choice is clear. Vote YES on Measure DD!

SYLVIA TUCKER
Grandmother & 20-year Bonsall Unified School District Board Member

RICHARD OLSON
22-year Bonsall Unified School District Board Member

RICHARD C. SMITH, Ed D
Property Owner & Taxpayer

SHAWN WALKER
Local Business Owner

HANEY HONG
President and CEO San Diego County Taxpayers Association

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Full Text of Measure DD

B-1

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE BONSALL UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 8, 2016

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

"To construct and equip a new high school; install emergency communication systems; reduce traffic hazards for increased student safety; upgrade power/electrical systems; provide health/fitness facilities for student/community use; repair leaky pipes/deteriorating roofs; and replace temporary buildings with permanent classrooms; shall Bonsall Unified School District issue $58 million of bonds with interest rates below legal limits, independent citizen oversight, and all funds spent locally and not taken by the State and spent elsewhere?"

PROJECT LIST

The Board of Trustees of the Bonsall Unified School District is committed to increasing property values and maintaining the quality of education in local schools with safe, secure, upgraded classrooms and labs for career and technology education to keep pace with 21st century technologies and learning standards. To that end, the Board evaluated the District's urgent and critical facility needs, including safety issues, class size, computer and information technology, and enrollment trends, in developing the scope of projects to be funded. The District conducted a facilities evaluation and received public input in developing this Project List. Teachers, staff, community members and the Board have prioritized the construction, repair and maintenance of schools so that student safety is ensured, quality education is provided and property values increase. Therefore, in approving this Project List, the Board of Trustees determines that the District must:

  1. (i) Construct new classrooms, facilities and school buildings to provide education to the District's growing student population and increase property values; and
  2. (ii) Upgrade or replace existing classrooms, science labs and school buildings which support core academics that are worn out or do not meet current safety codes; and
  3. (iii) Adapt classrooms for more hands-on science, mathematics and modern instruction; and
  4. (vi) ADHERE TO SPECIFIC FISCAL ACCOUNTABILITY SAFEGUARDS SUCH AS:
    1. (a) An independent citizens' oversight committee must be appointed to ensure that all funds are spent only as authorized.
    2. (b) All expenditures must be subject to annual independent financial audits.
    3. (c) No funds can be used for administrators' salaries and pensions.
    4. (d) All funds must be locally controlled, go to our local schools and cannot be taken by the State.

B-2

The Project List includes the following at District schools and sites:

Joint Use. financed, at least in part, with the proceeds of the bonds. 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 Project List.

Scope of Projects. Projects which are described below include all related and incidental costs, including their share of the and bond issuance and costs of design, engineering, architect and other professional services, inspections, site preparation, utilities, and other planning, legal, accounting and similar costs, independent annual financial and performance audits, a customary contingency, and for completion of the listed projects.

The scope and nature of any of the specific projects described below may be altered by the District as required by unforeseen conditions that may arise during the course of design and construction. In the event that a modernization or renovation project will result in higher costs than relocation and construction, this bond measure authorizes relocation and reconstruction, and all costs relating thereto, for said reasons or based on other considerations deemed in the best interest of the District by the Board of Trustees.

Approval of the District's bond measure does not guarantee that all of the identified projects within this Project List will be funded beyond what can be completed with local funds generated by the bond measure. The District plans to pursue funds from the State of California, if available, to complete certain of the identified facilities projects.

Bond proceeds may also be expended to acquire equipment in any classroom or other educational facility within the District. The District may alter the scope and nature of any of the specific projects that are described below as required by conditions that arise over time.

The order in which particular projects are listed is not intended to indicate priority for funding or completion.

NEW HIGH SCHOOL

Proceeds of the Bonds will be used to construct and equip a new high school including but not limited to:

  • ? Classrooms for student learning including English, Math, History/Civics, and Science
  • ? Career Technical Education classrooms
  • ? Library/technology labs
  • ? Gymnasium, playfields, and physical educations facilities and a fitness center for student and community use
  • ? Cafeteria
  • ? Multi-purpose room
  • ? Reception/Administration areas

B-3

UPGRADE AND MAJOR REPAIR OF EXISTING FACILITIES

Proceeds of the Bonds will be used to repair, renovate and equip schools and facilities (as listed below) throughout the District. The exact size, configuration and location of each project will be determined by the Board of Trustees based on the needs of the District.

District facilities include:

Bonsall Elementary School
Bonsall West Elementary School
Sullivan Middle School
Vivian Banks Charter School

Repairs, renovations, constructions and equipment acquisitions shall include but not be limited to:

  • ? Repair, construct, and renovate multi-purpose rooms
  • ? Upgrade power and electrical systems to accommodate 21st century technology systems
  • ? Repair and upgrade fire alarm systems as necessary to meet current and new standards
  • ? Renovate and replace aging school facilities
  • ? Renovate and repair grounds including concrete, asphalt, and landscaping
  • ? Install video surveillance, notification and control systems for increased safety
  • ? Install electronic locksets
  • ? Install fencing for increased security
  • ? Landscaping for shade as needed
  • ? Improvements to track and field facilities
  • ? Improvements to traffic and parking for increased student safety
  • ? Install energy efficiency upgrades to schools and district facilities

* * *

The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the acquisition of a variety of instructional, maintenance and operational equipment; upgrade or install signage, clocks and fencing; , environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects. In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: renovate student and staff restrooms; repair and replace heating and ventilation systems; upgrade of facilities for energy efficiencies; repair and replace worn-out and deteriorated roofs, windows, walls, doors and drinking fountains; install wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrade or construct support facilities, including administrative, physical education; repair and replace fire alarms, emergency communications and security systems; resurface or replace hard courts, turf, irrigation and drainage systems and campus landscaping; expand parking and drop-off areas; interior and exterior painting, floor covering and tile replacement; demolition; construct various forms of storage and support spaces and classrooms; repair, upgrade and install interior and exterior lighting systems; improve shade structures, and athletic fields; replace outdated security fences, gates and security systems (including access control systems); B-4 provide outdoor seating. The upgrading of technology infrastructure includes, but is not limited to, servers, switches, routers, modules, sound projection systems, call manager and network security/firewall, wireless technology systems, and other miscellaneous equipment. The allocation of bond proceeds may be affected by the District's receipt of State matching funds and the final costs of each project. The budget for each project is an estimate and may be affected by factors beyond the District's control. Some projects throughout the District may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating more enhanced and operationally efficient campuses. Necessary site preparation/restoration may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property. Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.

FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE BOARD OF TRUSTEES WILL APPOINT A CITIZENS' OVERSIGHT COMMITTEE AND CONDUCT ANNUAL INDEPENDENT AUDITS TO ASSURE THAT FUNDS ARE SPENT ONLY ON DISTRICT PROJECTS AND FOR NO OTHER PURPOSE. THE EXPENDITURE OF BOND MONEY ON THESE PROJECTS IS SUBJECT TO STRINGENT FINANCIAL ACCOUNTABILITY REQUIREMENTS. BY LAW, PERFORMANCE AND FINANCIAL AUDITS WILL BE PERFORMED ANNUALLY, AND ALL BOND EXPENDITURES WILL BE MONITORED BY AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO ENSURE THAT FUNDS ARE SPENT AS PROMISED AND SPECIFIED. THE CITIZENS' OVERSIGHT COMMITTEE MUST INCLUDE, AMONG OTHERS, REPRESENTATION OF A BONA FIDE TAXPAYERS ASSOCIATION, A BUSINESS ORGANIZATION AND A SENIOR CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS' OVERSIGHT COMMITTEE.

NO ADMINISTRATOR SALARIES: PROCEEDS FROM THE SALE OF THE BONDS AUTHORIZED BY THIS PROPOSITION SHALL BE USED ONLY FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, OR REPLACEMENT OF SCHOOL FACILITIES, INCLUDING THE FURNISHING AND EQUIPPING OF SCHOOL FACILITIES, AND NOT FOR ANY OTHER PURPOSE, INCLUDING TEACHER AND SCHOOL ADMINISTRATOR SALARIES AND OTHER OPERATING EXPENSES.

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Measure DD Tax Rate Statement

TAX RATE STATEMENT

An election will be held in Bonsall Unified School District (the "District") on November 8, 2016 to authorize the sale of $58,000,000 in general obligation bonds. The following information is submitted in compliance with Sections 9400-9404 of the California Elections Code.

1. The best estimate of the tax rate that would be required 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 $0.06000 per $100 ($60.00 per $100,000) of assessed valuation in fiscal year 2017-18.

2. The best estimate of the tax rate that would be required 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 $0.06000 per $100 ($60.00 per $100,000) of assessed valuation in fiscal year 2021-22.

3. The best estimate of the highest tax rate that would be required to fund this bond issue, based on estimated assessed valuations available at the time of filing this statement, is $0.06000 per $100 ($60.00 per $100,000) of assessed valuation. The highest tax rate is expected to be in effect in fiscal years 2017-18 through 2041-42.

4. The best estimate of the average tax rate required to fund this bond issue, based on a projection of assessed valuations available at the time of filing of this statement, is $.05693 per $100 ($56.93 per $100,000) of assessed valuation.

5. 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 $105,752,000.

These estimates are based on 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 bond sales, the amount of bonds sold at each sale and actual increases in assessed valuations. The timing of the bond sales and the amount of bonds sold at any given time will be determined by the needs of the District. Actual assessed valuations will depend upon the amount and value of taxable property within the District.

Dated: July 26, 2016

Justin Cunningham
Superintendent
Bonsall Unified School District

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Measure DD Agenda Description

Agenda of July 14, 2016 (complete item)

10.5. Approval of Resolution 16-07-01(a) Ordering An Election, And Establishing Specifications of the Election Order
Speaker:
Justin Cunningham
Rationale:

The Bonsall Unified Board of Trustees (the "Board") recognizes that our schools are vital community assets and is committed to increasing property values and student safety by constructing and maintaining quality educational facilities.

The Board has determined that:

  • school facilities within the Bonsall Unified School District (the "District") are insufficient to accommodate the growing student population and the school facilities require repairs and renovations to upgrade classrooms and science labs that are worn out and do not meet current safety codes; and
  • aging school buildings need upgrades to accommodate hands-on science, engineering, and career technical instruction to prepare students for the world ahead; and
  • it is in the best interest of the District to address facility needs now, in a fiscally prudent manner, before they become more pressing and more costly, and provide classrooms, labs and technology education classes so students are prepared for college and 21st Century jobs in fields like science, engineering and technology ; and
  • protecting the value of our homes, the quality of our schools and the quality of life in our community is a wise investment ; and
  • the State of California (the "State") is not providing the District with enough money for the District to adequately maintain its educational facilities and academic programs; and
  • the District's only remedy to avoid the undermining of its educational programs is securing local funding that the State cannot take away.

The Board has received information regarding the possibility of a local bond measure and its bonding capacity.

The Board has determined that:

  • a local measure will help provide funds that cannot be taken away by the State to upgrade aging schools, and prepare students for college and good jobs; and
  • such measure will include mandatory taxpayer protections, including an independent citizens' oversight committee , mandatory audits to ensure funds are spent as promised and that no money is used for administrators' salaries or pensions. 

The District will promote fair and open competition for all District construction projects so that all contractors and workers, whether union or non-union, are treated equally in the bidding and awarding of District contracts.

The Board and District have solicited stakeholder and community input on school priorities from parents, teachers, staff, the community and civic leaders.

On November 7, 2000 , the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") which reduced the voter threshold for ad valorem tax levies used to pay for debt service on bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Education Code Section 15264) (the "Act") became operative and established requirements associated with the implementation of Proposition 39.

The Board desires to make certain findings to be applicable to an election order and to establish certain performance audits, standards of financial accountability and citizen oversight that are contained in Proposition 39 and the Act.

The Board desires to authorize the submission of a proposition to the District's voters at an election to authorize the issuance of bonds to pay for certain necessary improvements and enhancements to District educational facilities.

The Board has determined that:

  • in accordance with Opinion No. 04-110 of the Attorney General of the State of California, the restrictions in Proposition 39 which prohibit any bond money from being wasted or used for inappropriate administrative salaries or other operating expenses of the District shall be strictly monitored by the District's Citizens' Oversight Committee; and
  • pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the Proposition 39 limits per year per $100 ,000 of assessed valuation of taxable property; and
  • Elections Code Section 9400 et seq. requires that a tax rate statement be contained in all official materials 21ating to the election, including any ballot pamphlet prepared, sponsored , or distributed by the District.

The Board desires to authorize the filing of a tax rate statement and a ballot argument in favor of the proposition to be submitted to the voters at the election.

Pursuant to the Elections Code, the Board requests consolidation of the election with any and all other elections to be held on Tuesday, November 8, 2016 , and requests the San Diego County Registrar of Voters perform certain election services for the District.

 
Recommended Motion:

It is recommended the Governing Board approve Resolution 16-07-01(a) as presented.


Financial Impact:

Bond Funding:  $58 million

Upon bond approval, there is a potential need for a position in Facilities to assist with related purchasing and contractual items.

Attachments:
Resolution 16-07-01(a) Ordering Election...

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Measure DD Resolution

RESOLUTION NO. 16-07-01(a)

RESOLUTION OF THE BOARD OF TRUSTEES OF BONSALL
UNIFIED SCHOOL DISTRICT ORDERING AN ELECTION, AND
ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") recognizes that our schools are vital community assets and is committed to increasing property values and student safety by constructing and maintaining quality educational facilities; and

WHEREAS, the Board has determined that school facilities within the Bonsall Unified School District (the "District") are insufficient to accommodate the growing student population and that the school facilities require repairs and renovations to upgrade classrooms and science labs that are worn out and do not meet current safety codes; and

WHEREAS, aging school buildings need upgrades to accommodate hands-on science, engineering, and career technical instruction to prepare students for the world ahead; and

WHEREAS, the Board believes it is in the best interest of the District to address facility needs now, in a fiscally prudent manner, before they become more pressing and more costly, and provide classrooms, labs and technology education classes so students are prepared for college and 21st Century jobs in fields like science, engineering and technology; and

WHEREAS, whether or not residents within the District have school-age children, protecting the value of our homes, the quality of our schools and the quality of life in our community is a wise investment; and

WHEREAS, the State of California (the "State") is not providing the District with enough money for the District to adequately maintain its educational facilities and academic programs; and

WHEREAS, the Board has concluded that the District's only remedy to avoid the undermining of its educational programs is securing local funding that the State cannot take away; and

WHEREAS, the Board has received information regarding the possibility of a local bond measure and its bonding capacity; and

WHEREAS, a local measure will help provide funds that cannot be taken away by the State to upgrade aging schools, and prepare students for college and good jobs; and

WHEREAS, such measure will include mandatory taxpayer protections, including an independent citizens' oversight committee, mandatory audits to ensure funds are spent as promised and that no money is used for administrators' salaries or pensions; and

WHEREAS, the District will promote fair and open competition for all District construction projects so that all contractors and workers, whether union or non-union, are treated equally in the bidding and awarding of District contracts; and

WHEREAS, the Board and District has solicited stakeholder and community input on school priorities from parents, teachers, staff, the community and civic leaders; and

2

WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") which reduced the voter threshold for ad valorem tax levies used to pay for debt service on bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and

WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Education Code Section 15264) (the "Act") became operative and established requirements associated with the implementation of Proposition 39; and

WHEREAS, the Board desires to make certain findings herein to be applicable to this election order and to establish certain performance audits, standards of financial accountability and citizen oversight that are contained in Proposition 39 and the Act; and

WHEREAS, the Board desires to authorize the submission of a proposition to the District's voters at an election to authorize the issuance of bonds to pay for certain necessary improvements and enhancements to District educational facilities; and

WHEREAS, the Board hereby determines that, in accordance with Opinion No. 04-110 of the Attorney General of the State of California, the restrictions in Proposition 39 which prohibit any bond money from being wasted or used for inappropriate administrative salaries or other operating expenses of the District shall be strictly monitored by the District's Citizens' Oversight Committee; and

WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the Proposition 39 limits per year per $100,000 of assessed valuation of taxable property; and

WHEREAS, Elections Code Section 9400 et seq. requires that a tax rate statement be contained in all official materials relating to the election, including any ballot pamphlet prepared, sponsored, or distributed by the District; and

WHEREAS, the Board desires to authorize the filing of a tax rate statement and a ballot argument in favor of the proposition to be submitted to the voters at the election; and

WHEREAS, pursuant to the 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, and to request the San Diego County Registrar of Voters to perform certain election services for the District.

NOW THEREFORE, THE BOARD OF TRUSTEES OF THE BONSALL 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 San Diego 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 $58,000,000 (the "Bonds") shall be issued and sold for the purpose of raising money for 3 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 policies of the Board 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 improve college readiness and student learning in core subjects like math, science, writing and technology;
  3. (c) that the Board shall cause an annual, independent performance audit to be conducted to ensure that the Bond monies get spent only for the projects identified in Exhibit "B" hereto;
  4. (d) that the Board shall cause an annual, independent financial audit of the proceeds from 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 authority for ordering the election is contained in Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506.

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

Section 6. That the San Diego County Registrar of Voters and the San Diego County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 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 7. That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to the San Diego County Registrar of Voters no later than August 12, 2016.

4

Section 8. That Bonds may be issued pursuant to Education Code Section 15264 et seq. or Government Code Section 53506. The maximum rate of interest on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531.

Section 9. That the Board requests the governing body of any such other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such election and to further provide that the canvass of the returns of the election be made by any body 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 San Diego County Registrar of Voters by the established deadlines.

Section 10. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of San Diego 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 San Diego County, such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.

ADOPTED, SIGNED AND APPROVED this 14th day of July, 2016.

BOARD OF TRUSTEES OF THE BONSALL
UNIFIED SCHOOL DISTRICT

By

President

Attest:

Secretary

5

STATE OF CALIFORNIA )
) ss
SAN DIEGO COUNTY )

I, _______________, do hereby certify that the foregoing is a true and correct copy of Resolution No. ____, which was duly adopted by the Board of Trustees of the Bonsall Unified School District at the meeting thereof held on the 14th day of July, 2016, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By
Secretary

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