Santa Barbara Unified Schools: Vote Yes on Measure I2016 Bonds - Santa Barbara 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 I2016

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.

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Measure I2016 Question

A-1
SBUSD Res No. 2015/16-38 Exhibit A

EXHIBIT A

"SANTA BARBARA UNIFIED SCHOOL DISTRICT SCHOOL REPAIR MEASURE: To repair/upgrade junior and high schools and prepare students for college/careers by repairing deteriorating classrooms, vocational/ career education facilities, restrooms, plumbing, , /lead paint, upgrading school safety, heating/air conditioning, updating technology, wiring, science labs, ensuring safe drinking water, repairing, constructing, acquiring classrooms, sites, facilities/ equipment, shall Santa Barbara Unified School District issue $135,000,000 in bonds at legal rates, requiring audits, citizens' oversight, all funds for District schools?

Bonds – Yes Bonds – No

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Impartial Analysis for Measure I2016

IMPARTIAL ANALYSIS BY COUNTY COUNSEL
MEASURE I2016
SANTA BARBARA UNIFIED SCHOOL DISTRICT

This measure was placed on the ballot by the Board of Education of the Santa Barbara Unified School District, which is the governing board of the school district.

If approved by 55% of the voters voting on the proposition, this measure authorizes the Santa Barbara Unified School District (District) to issue $135,000,000 in bonds to provide financing for the specific junior and high school facilities projects listed in the District's Project List. The Project List, as well as the full text of the measure, is printed in the ballot pamphlet. None of the proceeds from the sale of bonds may be used for teacher or administrator salaries or operating expenses.

The bonds and interest thereon would be payable from property taxes levied on taxable property in the District. These taxes would be in addition to the property taxes currently levied on taxpayers in the District. The amount of the increased taxes each year would depend upon the amount needed to pay the principal and interest on the bonds.

The bond measure includes the following accountability requirements:

A. A requirement that the proceeds from the bond sale be used only for the above purposes and not for any other purpose, including teacher and administrator salaries, and other school operating expenses.

B. A list of the specific school facilities projects to be funded and certification that the school district board has evaluated safety, class size, and information technology needs in developing that list.

C. A requirement that the school district board conduct an annual, independent performance audit to ensure that the funds have been spent only on the specific school facilities projects listed in the Project List.

D. A requirement that the school district board conduct an annual, independent financial audit of the bond proceeds.

E. If the measure is approved, the District Board of Education will also establish a citizens' oversight committee to monitor expenditures and ensure that bond proceeds are spent as promised and specified.

/s/Michael C. Ghizzoni
County Counsel

Dated: July 27, 2016

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Argument in Favor of Measure I2016

ARGUMENT IN FAVOR OF
MEASURE I2016
SANTA BARBARA UNIFIED SCHOOL DISTRICT

For 150 years, the Santa Barbara Unified School District has developed the future business and civic leaders of Santa Barbara, Goleta and Montecito. Our junior and senior high school facilities are the learning environments that have fostered that development. But some of these facilities, including several historic landmarks, date back almost a century and need critical infrastructure improvements and renovation to continue serving our students into the future.

SBUSD teaches students to master 21st century skills and prepares them for college and high-quality jobs after graduation. TO achieve this goal, our 7th to 12th grade students need safe, effective learning environments that are well-maintained and up-to-date. They also need practical, hands-on career training, and our district has a once-in-alifetime opportunity to gain the unused National Guard Armory building as a permanent educational and civic resource for this very purpose.

Vote YES on I to provide crucial infrastructure improvements to aging buildings.

Vote YES on I to repair roofs, floors, plumbing, heating/ventilation and electrical systems throughout our junior and senior high schools; upgrade technology systems, improve energy efficiency, upgrade fire safety systems, and remove asbestos and lead paint.

Vote YES on I to replace deteriorating portable classrooms with permanent structures.

Vote YES on I to provide modernized classrooms, science labs, libraries and other school facilities.

Vote YES on I to acquire the National Guard Armory property to support college and career readiness.

Measure I requires strict taxpayer protections: ; all funds will remain local and cannot be taken away by the State or used for other purposes; there will be an independent Citizen Oversight Committee with mandatory audits and a detailed project list will ensure funds are spent as promised.

Please Vote YES on Measure I.

The undersigned authors of the Argument in Favor of ballot measure I2016 at the Presidential General Election for the Santa Barbara Unified School District to be held on November 8, 2016 hereby state that such argument is true and correct to the best of their knowledge and belief.

/s/ David Cash 7/27/2016
Former Superintendent, SBUSD

/s/ Lanny Ebenstein 7/27/2016
Former Board Member, SBUSD

/s/ Geoff Green 7/28/2016
CEO, SBCC Foundation

/s/ Randy Rowse 7/28/2016
City Council Santa Barbara

/s/ Kate Parker 7/28/2016
Santa Barbara Unified School Board Trustee

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Rebuttal to Argument in Favor of Measure I2016

SR 017-18
PR-9000-2ENG

REBUTTAL TO ARGUMENT IN FAVOR OF
MEASURE I2016
SANTA BARBARA UNIFIED SCHOOL DISTRICT

Assuming you haven't been living under a rock for the last five years, it should be very apparent to anyone renting or wanting to own a home in Santa Barbara, Montecito, Goleta and Isla Vista, that we have a RENTAL AND HOUSING AFFORDABILITY CRISIS, the likes of which we have never seen before.

The cheerleaders of these bonds will manipulate the numbers to convince you the additional tax or rent increase will cost no more than a cup of coffee. Don't believe them. Leaving aside the six previous school bonds on your property tax statements, the amount of debt service for these new bonds will be close to HALF a BILLION DOLLARS, costing each home owner or renter at least $12,500.

Paying for routine maintenance items (e.g. repairing roofs) from the bonds, instead of from general operating funds, is inappropriate. Also, because of unfavorable polling, the supporters aren't mentioning the athletic field/stadium/gymnasium projects or pool deck and field turf replacements listed in the fine print of the bond resolution.

$20 million of bond proceeds have been set aside to purchase and renovate the armory, despite having no clue what its intended use will be. Incredibly, the city donated the property to the state many years ago for a dollar, and now the local taxpayers will have to spend millions to buy it back.

Why make it unaffordable for a young family, a lifelong resident or a student in Isla Vista to continue to live here?

PLEASE VOTE NO.

The undersigned author of the Rebuttal to Argument in Favor of ballot measure I2016 at the Presidential General Election for the Santa Barbara Unified School District to be held on November 8, 2016 hereby state that such argument is true and correct to the best of his knowledge and belief.

/s/ Lou Segal 8/4/2016
District Resident, Parent & Past School Board Candidate

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Argument Against Measure I2016

ARGUMENT AGAINST
MEASURE I2016
SANTA BARBARA UNIFIED SCHOOL DISTRICT

Here we go again: another regressive property tax for property owners, which will assuredly result in rent increases for renters residing in the district. We can spend millions building the best facilities money can buy, but what good will it do if families at all income levels cannot afford to own a home or rent an apartment in our beloved paradise.

If this were the first time we were forced to pay for a school bond to keep our schools' physical plant up-to-date, we might have been supporters. But this is the eighth school bond appearing on our property tax statements, and the requested amount is almost twice as much as any previous bond measure.

We've been down this road before. Proposition 13, the voter uprising in 1979, capped property taxes after many state residents were priced out of their homes, partly because of soaring property taxes. The voters never intended for our elected officials to create a backdoor to Proposition 13 to raise property taxes and rental rates this often and this much after they were overwhelmingly told to stop the relentless tax increases.

It might surprise voters that many of the projects listed on the ballot were not those necessarily approved by the school board or deemed to be the most urgent. For instance, repairing libraries, upgrading technology, ensuring safe drinking water, removing lead paint were only included after being poll-tested by a very expensive polling firm, even though no independent study demonstrated the water is unsafe or lead paint is a problem. Also, the district is intending to pay almost $1 million for each portable replacement, at least twice more expensive than necessary.

Finally, a $9 billion statewide facilities school bond is already on the ballot, some of which will be spent in our district.

PLEASE VOTE NO.

The undersigned author of the Argument Against ballot measure I2016 at the Presidential General Election for the Santa Barbara Unified School District to be held on November 8, 2016 hereby states that such argument is true and correct to the best of his knowledge and belief.

/s/ Lou Segal 7/26/2016
District Resident, Parent & Past School Board Candidate

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Rebuttal to Argument Against Measure I2016

SR 017-19
PR-9000-3ENG

REBUTTAL TO ARGUMENT AGAINST
MEASURE I2016
SANTA BARBARA UNIFIED SCHOOL DISTRICT

PLEASE VOTE YES ON MEASURE I

Don't be swayed by misinformation.

raised by Measure I will be spent on our schools to improve learning environments that help prepare students for college and careers.

Bonds support school facilities that our students urgently need and help maintain local property values. The money cannot be taken by Sacramento politicians or spent on administrator salaries.

Measure I focuses on projects that have the greatest impact on student learning and has three main goals: to improve student learning environments, take advantage of a unique opportunity to , and to replace run-down portable classrooms at all our junior and senior high school campuses. Without passage of Measure I none of these things can occur, and we will not be eligible for any State level matching bond funds.

In the past, our local secondary school bonds were successfully combined with State funds to add important enhancements to our local schools, like the facilities for the Dos Pueblos Engineering Academy, the San Marcos Health Academy and the Santa Barbara High School Multi-Media Arts and Design (MAD) Academy. But other critical projects still remain, and if we put off much-needed repairs, the price tag will rise even higher. Please vote YES on Measure I to support our community junior highs and high schools!

The undersigned authors of the Rebuttal to Argument Against ballot measure I2016 at the Presidential General Election for the Santa Barbara Unified School District to be held on November 8, 2016 hereby state that such argument is true and correct to the best of their knowledge and belief.

/s/ Gayle Eidelson 8/8/2016
Santa Barbara School Board Member

/s/ Pedro Paz 8/8/2016
President, Santa Barbara School Board

/s/ Salvador Güereña 8/8/2016
Executive Director, United Parents/Padres Unidos

/s/ Cathy Murillo 8/8/2016
Santa Barbara City Council Member

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Full Text of Measure I2016

B-1
SBUSD Res No. 2015/16-38 Exhibit B

EXHIBIT B

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

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

"SANTA BARBARA UNIFIED SCHOOL DISTRICT SCHOOL REPAIR MEASURE: To repair/upgrade junior and high schools and prepare students for college/careers by repairing deteriorating classrooms, vocational/ career education facilities, restrooms, plumbing, leaky roofs, asbestos/lead paint, upgrading school safety, heating/air conditioning, updating technology, wiring, science labs, ensuring safe drinking water, repairing, constructing and acquiring classrooms, sites, facilities/ equipment, shall Santa Barbara Unified School District issue $135,000,000 in bonds at legal rates, requiring audits, citizens' oversight, all funds for District schools?

PROJECT LIST

The Board of Education of the Santa Barbara Unified School District is committed to providing a modern learning environment in local schools with safe, secure and upgraded classrooms which keep pace with 21st Century technologies and learning standards. To that end, in developing the scope of projects to be funded, the Board evaluated the District's urgent and critical facility needs, including safety issues, class size, and computer and information technology, and also prepared a in its entirety. The District conducted a facilities evaluation and received public input in developing this Project List. Teachers, staff, community members and the Board have prioritized key health and safety projects so that the most critical facility needs are addressed. Therefore, in approving this Project List, the Board of Education determines that the District must:

  1. (i) Prepare junior high and high school students for college and career;
  2. (ii) Attract and retain quality teachers;
  3. (iii) Upgrade deteriorating junior high and high school facilities, including classrooms, restrooms, leaky roofs, drinking water and plumbing systems to provide safe and modern learning environments that better prepare students for college and careers;
  4. (iv) Provide up-to-date, 21st Century classrooms and instructional technology in order to retain and attract quality teachers;
  5. (v) Improve student safety and security systems, including security lighting, fencing, fire alarms and systems and removing asbestos and lead paint;
  6. (vi) Adhere to specific fiscal accountability safeguards such as:
    1. (a) All funds must be spent locally on Santa Barbara junior high and high schools.
    2. (b) An must be appointed to ensure that all funds are spent only as authorized.
    3. B-2
      SBUSD Res No. 2015/16-38 Exhibit B

    4. (c) All expenditures must be subject to annual independent financial and performance audits.

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

PREPARING STUDENTS FOR COLLEGE AND CAREERS:

Basic School Repair and Upgrade Projects

Goal and Purpose: Many of our local schools are more than 80 years old, including the third oldest high school in California. This measure will permit basic health and safety improvements to deteriorating local junior and high schools so that students can be better prepared for college and careers and allow students to learn in safe, healthy classrooms:

  • ? Repair or replace leaky roofs.
  • ? Replace portable classrooms and restrooms with permanent structures.
  • ? Improve vocational and career education facilities.
  • ? Repair deteriorating libraries and repair or replace other school buildings and construct safe, modern school facilities.
  • ? Upgrade plumbing systems to improve water conservation.
  • ? Upgrade science labs.
  • ? Remove asbestos and lead paint.
  • ? Upgrade fire safety systems.
  • ? Ensure safe drinking water for students.
  • ? Acquire the National Guard Armory facility for educational purposes, including career technical education.

IMPROVE STUDENT LEARNING:

Instructional Technology Upgrade Projects

Goal and Purpose: Our local students require an education with a strong foundation in math, science and technology to compete for 21st century careers. This measure will upgrade, science labs, computer and technology labs, and school libraries to ensure students have individual access to upto- date technology and that the District can attract and retain quality teachers:

  • ? Provide and maintain up-to-date technology infrastructure.
  • ? Upgrade and expand wireless systems, telecommunications, Internet and network connections.
  • ? Upgrade electrical systems and wiring.
  • ? Upgrade classrooms, libraries and labs for technology to improve student learning.

B-3
SBUSD Res No. 2015/16-38 Exhibit B

* * *

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; installation of signage and fencing; , environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities. 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: repair and replace heating/boiler, electrical, plumbing, gas, water/sewer, drainage and ventilation systems; renovate student and staff restrooms; acquire land and facilities; improve outdoor learning spaces; upgrade of facilities for energy conservation; repair and replace roofs, windows, walls, doors, doorframes and drinking fountains; improve school facilities for disability access; install or upgrade wiring and electrical systems to accommodate computers, technology and other electrical devices; upgrade or construct classroom and support facilities, including physical education, kitchens and cafeteria, food services, , and media centers; repair and replace fire alarms, emergency communications, intercoms and security systems; resurface or replace hard courts, asphalt, turf and drainage/irrigation systems and campus landscaping; improve or expand parking and improve parking lot lighting; interior and exterior painting and floor covering; ; ; upgrade classrooms; repair, upgrade or install interior and exterior lighting systems; , locker rooms, fitness areas, athletic fields//courts, and play apparatus; improve disability access; replace outdated security fences and security systems and install security cameras. The upgrading of technology infrastructure includes, but is not limited to, servers, switches, routers, modules, sound projection systems, upgrade voice-over-IP, call manager and network security/firewall, wireless technology systems and other miscellaneous equipment and software. The allocation of bond proceeds will be affected by the final costs of each project. The District may delay or not be able to complete some of the projects listed above. 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. The allocation of bond proceeds may be affected by the District's receipt of State matching funds and the final costs of each project. 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 or geological stabilization 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.

when performing work on or to bond projects. 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.

B-4
SBUSD Res No. 2015/16-38 Exhibit B

FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE BOARD OF EDUCATION 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 I2016 Tax Rate Statement

FP-B SR 017-17
PR-9000-1ENG

TAX RATE STATEMENT
MEASURE I2016
SANTA BARBARA UNIFIED SCHOOL DISTRICT

An election will be in the Santa Barbara Unified School District (the "District") on November 8, 2016, to authorize the sale of up to $135,000,000 in bond of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in multiple series. Principal interest on the bonds will be payable from the process of tax levies made upon the taxable property in the District. The information regarding tax rates is provided to comply with Section 9401 of the Election Code of the State of California. This information is based upon the best estimates and projections presently available from official sources, upon experience within the District and other demonstrable factors.

Based upon the foregoing and projections of the assessed valuations of taxable property in the District, and assuming the entire debt service, including principal and interest on the bonds, will be paid through property taxation:

1. The best estimate from official sources of the tax rate which would be required to be levied to fund the bond issue during the first fiscal year after the first sale of bonds, and an estimate of the year in which that tax rate will apply is $.01149 per $100, or $11.49 per $100,000 of assessed valuation of all property to be taxed in fiscal year 2017-2018.

2. The best estimate from official sources of the tax rate which would be required to be levied to fund the bond issue during the first fiscal year after the last sale of bonds and an estimate of the year in which that rate will apply is $0.01149 per $100, or $11.49 per $100,000 of assessed valuation of all property to be taxed in 2028-2029.

3. The best estimate from official sources of the highest tax rate which would be required to be levied to find the bond issue and an estimate of the year in which that rate will apply is $0.01149 per $100 or $11.49 per $100,000 of assessed valuation of all property to be taxed in fiscal year 2017-2018.

4. The best estimate from official sources of the total debt service, including principal and interest which would be required to be repaid by tax rates levied on taxable property, if all the bonds are issued, sold and paid as projected would be $253,230,906.

The attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only. The actual tax rates and the years in which they will apply may vary from those presently estimated due to variations from these estimates in the timing of bond sales, the amount of bonds sold, and the market interest rates at the time of the sales, and the actual assessed valuations over the term of repayment of the bonds. The date of sale and the amount of bonds sold any given time will be determined by the District based on its need for construction funding as well as other factors. The actual interest rates at which the bonds will be sold will depend on bond market conditions at the time of sale. Actual assessed valuations at future dates will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the County of Santa Barbara in the annual assessment and the equalization process. Accordingly, the actual tax rate and the years in which such rates are applicable may vary from those presently estimated above.

/s/ Cary Matsuoka

Dated: June 14, 2016

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Measure I2016 Agenda Description

Santa Barbara Unified School District


Item Title: Approval of Resolution No.2015/16-38 of the Board of Education of the Santa Barbara Unified School District Ordering an Election, and Establishing Specifications of the Election Order
Agenda Title: Approval of Resolution No.2015/16-38 of the Board of Education of the Santa Barbara Unified School District Ordering an Election, and Establishing Specifications of the Election Order
Background:

Resolution No. 2015/16-38 calls for an election within the District for the purpose of approving general obligation bonds, and requests that the Santa Barbara County Registrar of Voters conduct the election on behalf of the District, and authorizes the preparation of election materials, including ballot arguments and tax rate statement, to be included in the ballot pamphlet.

State law requires the Board of Education to order school district bond elections.  The Santa Barbara County Registrar of Voters will conduct the election on behalf of the District, including publishing all required notices.  This resolution meets the statutory requirements for describing the projects to be funded with the proceeds of the bonds, which is included as Exhibit B to the resolution.  A 75-word summary of the measure, as it will appear on the ballot, is also included in the resolution as Exhibit A.  The resolution also authorizes the preparation and filing of a tax rate statement, which must be included in the ballot pamphlet, and describes the anticipated rates of tax throughout the life of the bond issue.  The resolution also authorizes, but does not commit, the Board and/or individual members of the Board to prepare and sponsor a ballot argument in support of the bond measure.  No more than five (5) persons may sign the ballot argument.

This election will be called under constitutional and statutory provisions that require fifty-five percent (55%) voter approval, and certain accountability requirements, including annual independent financial and performance audits of how funds are spent, and the formation of a Citizens’ Bond Oversight Committee.  Following adoption, the resolution (including the signed tax rate statement) must be delivered to the Registrar of Voters and the Board of Supervisors. State law requires that 2/3rd of a school board support the resolution calling an election requiring 55% voter approval.  At least four (4) Board members must vote “Yes” in order to call the election.

Recommendation: Staff recommends the board of education approve Resolution 2015/16-38, authorizing a bond election for November 8, 2016.  
Resource Person: Meg Jette, assistant superintendent of business services
Fiscal Impact:
Funding Source:

ATTACHMENTS:
File Name
Res._15-16-38_SBUSD_Ordering_Election_for_Bonds_6-14-16.pdf

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Measure I2016 Resolution

SBUSD Resolution No. 2015/16-38

RESOLUTION NO. 2015/2016-38

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

WHEREAS, the Board of Education (the "Board") of the Santa Barbara Unified School District (the "District") has determined that junior and high school facilities within the District need to be acquired, constructed, improved, and equipped in a fiscally prudent manner to enable District to enhance the educational opportunities of its students and prepare them for college and future careers; and

WHEREAS, the Board believes that, in order to attract and retain quality teachers, and provide safe and healthy learning environments for students, basic repair to our schools continue to be needed, include repairing of leaky roofs and windows, providing safe drinking water, removing asbestos and lead paint, upgrading plumbing and water systems, and updating instructional technology;

WHEREAS, the State of California (the "State") is not providing the District with enough funding 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 undermining its educational programs is to secure 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, protect student safety, and help the District to qualify State matching funds; 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

WHEREAS, the Board determines that all funds from this measure shall benefit Santa Barbara junior and high schools, be controlled locally, and be subject to mandatory taxpayer protections, including an independent citizens' oversight committee and audits to ensure funds are spent properly; and

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 or bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and

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

SBUSD Resolution No. 2015/16-38

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 monitored strictly 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 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 Santa Barbara County Registrar of Voters to perform certain election services for the District;

NOW THEREFORE, THE BOARD OF EDUCATION OF THE SANTA BARBARA UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the Board, pursuant to Education Code Sections 15100 et seq. (including Sections 15300 et seq.), 15264 et seq., and Government Code Section 53506, hereby requests the Santa Barbara County Registrar of Voters to conduct an election under the provisions of the 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 $135,000,000 (the "Bonds") shall be issued and sold for the purpose of raising money for the purposes described in Exhibit A hereto.

Section 2. That the date of the election shall be November 8, 2016.

Section 3. That the purpose of the election shall be for the voters in the District to vote on a proposition, a copy of which is attached hereto and marked Exhibit "A", incorporated by reference herein, and containing the question of whether the District shall issue the Bonds to pay for improvements to the extent permitted by such proposition. In compliance with Proposition 39 and the Act, the ballot propositions in Exhibit "A" and "B" are subject to the following requirements and determinations:

SBUSD Resolution No. 2015/16-38

  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 pension 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 junior and high schools within the District, as well as the importance of the projects to student achievement and high quality instruction;
  3. (c) that the Board shall cause an annual, independent performance audit to be conducted to ensure that the Bond monies 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 the sale of Bonds to be conducted until all of the Bond proceeds have been expended;
  5. (e) that the Board will cause the appointment of a Citizens' Oversight Committee in compliance with Education Code Section 15278 no later than 60 days after the Board enters the election results in its minutes pursuant to Education Code Section 15274. The Citizens' Oversight Committee shall consist of at least seven (7) members and at no time consist of less than seven (7) members, with the possible exception of brief periods to fill any unexpected vacancies. The Citizens' Oversight Committee may not include any employee or official of the District or any vendor, contractor or consultant of the District. The Citizens' Oversight Committee shall include all of the following: One (1) member who is active in a business organization representing the business community located within the District; One (1) member who is active in a senior citizens' organization; One (1) member who is active in a bona fide taxpayer association; One (1) member who is a parent of a child in the District schools; One (1) member is both a parent of a child in the District schools and active in a school site council or PTA. In furtherance of its specifically enumerated purposes, the Citizens' Oversight Committee may engage in any of the following activities relating solely and exclusively to the expenditure of the Proposition 39 bond proceeds:
    1. (i) Inspect District facilities and grounds to ensure that Proposition 39 bond proceeds are expended in compliance with applicable law;
    2. (ii) Receive and review copies of all deferred maintenance proposals or plans developed by the District;
    3. (iii) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs;
    4. (iv) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
    5. (v) Receive from the Board, within three months of the District receiving the above-described audits, responses to any and all findings, recommendations, and concerns addressed in said audits, and review said responses; 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.

SBUSD Resolution No. 2015/16-38

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 Santa Barbara County Registrar of Voters and the Santa Barbara 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. Pursuant to Elections Code Section 10403 the Board acknowledges that the consolidation election will be held and conducted in the manner prescribed in Elections Code Section 10408.

Section 7. That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to the Santa Barbara County Registrar of Voters no later than June 29, 2016.

Section 8. That any Bonds issued pursuant to Education Code Section 15264 et seq. hereto or pursuant to 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 anybody or official authorized by law to canvass such returns, and that the Board consents to such consolidation. The Board further authorizes the submission of a tax rate statement and primary and rebuttal arguments, as appropriate, to be filed with the Santa Barbara County Registrar of Voters by the established deadlines.

SBUSD Resolution No. 2015/16-38

Section 10. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of Santa Barbara 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 Santa Barbara 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 June, 2016.

BOARD OF EDUCATION OF THE SANTA
BARBARA UNIFIED SCHOOL DISTRICT

By
President

Attest:

Secretary

SBUSD Resolution No. 2015/16-38

STATE OF CALIFORNIA )
)ss
SANTA BARBARA COUNTY )

I, Dr. David Cash, do hereby certify that the foregoing is a true and correct copy of Resolution No. _________, which was duly adopted by the Board of Education of the Santa Barbara Unified School District at the meeting thereof held on the 14th day of June, 2016, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By
Secretary

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