Bonsall Unified Schools: Vote Yes on Measure EE Bonds - San Diego County - 2018 general Election
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  Welcome    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure EE Campaign

#HonestBallots Movement

Your San Diego County Registrar of Voters printed and circulated ballots for this measure that didn't conform to the law. The registrar ignored our Notice and Demand to follow the law. The legislature makes this a crime. (See: How 25 County Registrars Committed A Crime.)

If you want to get really steamed up about the collusion between your Registrar and Bonsall Unified Schools to lie and cheat in order to steal your taxes, you can read the letter for yourself.

Do you want to give this district a Thanksgiving surprise? Please call or text me (with #HonestBalllots, San Diego, 0601426, and your name) at 909-378-5401 right now for details. It's urgent and very time-sensitive.

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

This campaign was designed by Isom Advisors. 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.

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

Measure EE Question

A-1

EXHIBIT A

"To improve the quality of education; improve safety and security on all campuses; construct a new high school to reduce student overcrowding; renovate/replace track and field structures and facilities; shall Bonsall Unified School District issue $38,000,000 of bonds with interest rates below legal limits, with annual audits, independent citizens' oversight, NO money for salaries and all money staying local?"

Bonds – Yes Bonds – No

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Impartial Analysis for Measure EE

COUNTY COUNSEL IMPARTIAL ANALYSIS

This measure was placed on the ballot by the governing board of the Bonsall Unified School District ("District"). This measure, if approved by 55% of the votes cast on the measure, will authorize the District to issue and sell $38,000,000 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 bondholders, the District promises to pay the bondholders 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 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:

  1. (1) the proceeds from the sale of the bonds are used only for the purposes specified,
  2. (2) the District evaluates safety, class size reduction, and information technology needs to approve a list of specific projects to be funded,
  3. (3) the District conducts an annual, independent performance audit to ensure funds have been expended on the specific projects listed, and
  4. (4) the District conducts an annual, independent financial audit of bond proceeds.

N SD 229-055
PR-1313-2
COUNTY COUNSEL IMPARTIAL ANALYSIS (CONTINUED)

Additionally, if the 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 legal requirements.

Approval of this measure does not guarantee that the specific projects listed by the District will be funded by the sale of the bonds.

A "YES" vote is a vote in favor of authorizing the District to issue and sell $38,000,000 in general obligation bonds.

A "NO" vote is a vote against authorizing the District to issue and sell $38,000,000 in general obligation bonds.

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Argument in Favor of Measure EE

PR-1313-3

ARGUMENT IN FAVOR OF MEASURE EE

Vote Yes on EE: relieve Bonsall student overcrowding. Keep students safe and give them tools to compete for success in college and careers.

Currently, Bonsall High School is crammed alongside our middle school, creating significant safety concerns. As current Bonsall elementary school kids reach middle and high school, overcrowding will get worse.

During the Lilac Fire, all students could not be quickly and safely evacuated. We can't risk another fire with potentially worse results.

In addition to safety concerns, crowded schools limit students' academic instruction.

Bonsall students need classrooms, labs and technology to gain modern skills in science, technology, engineering, arts and math — key subjects needed to compete for success in college and today's competitive job market.

Our current high school lacks enough science labs and classrooms to ensure local students can acquire needed skills.

It's time to move Bonsall High School to a safe location with enough room for a robust 21st-century education.

Vote Yes on EE:

  • ? Reduce school overcrowding by building a high school campus
  • ? Improve safety and security at all schools
  • ? Ensure all students have equal access to key subjects like science, technology, engineering, arts and math
  • ? Provide strong academic foundations to prepare students for success in college and the competitive job market

A Smart, Fiscally Responsible Plan

  • ? By law, every penny must stay local to benefit our schools
  • ? A detailed, scaled-back project list is included
  • ? The state and federal government cannot take this funding
  • ? Funds cannot be used for administrators' salaries or benefits
  • ? Mandatory, independent citizens' oversight and annual audits are included

Strong schools make for a strong community. Measure EE is a wise investment in our students and community, keeping property values strong.

Please join our growing grassroots campaign! Vote Yes on EE.

Gregory Mann
President, Fallbrook
Firefighters Association

Todd Benton
President, Bonsall High School
Parent Information and Networking Group

Sara Krause-White
Owner, Sundance Hills
Equestrian Center

Jason Springston
Past President,
Fallbrook Chamber of Commerce

Catherine Ginther
Longtime Gird Valley and
Sycamore Ranch Resident

N SD 229-057

  Welcome    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 EE

PR-1313-4

REBUTTAL TO THE ARGUMENT IN FAVOR OF MEASURE EE

VOTE NO ON MEASURE EE

MEASURE EE

  •  IS NOT NECESSARY. Only 57 students graduated Bonsall High School in 2018. Many new BUSD high school students go elsewhere. BUSD student projections are highly optimistic. 2017-2018 high school enrollment was only 328.
  •  MAY INCREASE STUDENT RISK –Moves students from a "Moderate" Wildfire Risk Zone to a "Very High" Wildfire Risk Zone. (Ref: Know Your Hazards Mapping Tool)
  •  OPENS THE DOOR FOR ADDITIONAL DEBT AND TAXES. More bond measures are necessary to build project as planned.
  •  WASTES YOUR MONEY-- Private and government GRANTS are available for security upgrades and athletic facilities.
  •  IS DIRECTLY TIED to the unpopular Gird Road site located in Fallbrook – REJECTED five times by voters since 1978. This is attempt number six.

The SAN DIEGO COUNTY TAXPAYERS ASSOCIATION OPPOSES MEASURE EE.

SDCTA says Measure EE does not guarantee contracting integrity, lacks effective citizens' oversight, and does not integrate SDCTA "Best Practices" policy.

BUSD ALREADY HAS a new high school. Additional classrooms can be constructed when needed, saving taxpayers millions of dollars in building and operational costs.

BUSD HAS NOT shown that it can afford to operate or maintain a separate campus. Since 2012, BUSD increased debt by over 14 million dollars (2017 Audit).

BUSD SHOULD deliver fiscally responsible, quality education—not more UNNEEDED brick and mortar DEBT.

THE REPUBLICAN PARTY OF SAN DIEGO COUNTY RECOMMENDS a NO VOTE.

VOTE NO ON Measure EE

CARL DEMAIO
Chairman
Reform San Diego

TOM FREW
President
Fallbrook Democratic Club

TERESA PLATT
Community Advocate
SaveGirdValley.com

KERRY PATTERSON
Retired Teacher and Principal Officer
Voters Against Wasteful School Bonds

TONY KRVARIC
Chairman
Republican Party of San Diego County

N SD 229-058

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Argument Against Measure EE

PR-1313-5

ARGUMENT AGAINST MEASURE EE

VOTE NO ON MEASURE EE

THIS MEASURE

  1. CREATES NEW DEBT and imposes a costly burden on residents without offering them guarantees that their money will be responsibly spent on improving children's education.
  2. DOES NOT Guarantee Contracting Integrity - You have a right to know if the contractors that are bidding on lucrative projects have conflicts of interest. BUSD did not adopt the SD County Taxpayers Association's "No Pay-to-Play" policy. You deserve to know if a contractor has given money to politicians before they get work.
  3. DOES NOT Have Good Citizens' Oversight - Tax dollars are YOUR dollars, and you should know how they are spent. Effective oversight committees promote transparency in government.
  4. DOES NOT integrate the Adoption of School Construction and Professional Services Procurement Best Practices.

Improvements for school security and running tracks are used to grab your vote, but numerous government and private grants are available.

BUSD has NOT adopted best practices recommended by the San Diego County Taxpayers Association that ensure funds are responsibly spent on students' education.

BUSD has NOT shown District taxpayers that it can afford to operate or maintain a new and separate campus. VOTE NO ON MEASURE EE

TONY KRVARIC
Chairman
The Republican Party of San Diego County

CARL DEMAIO
Chairman, Reform San Diego

DIANA KUNASZ KERRY PATTERSON
Treasurer
Voters Against Wasteful School Bonds

KERRY PATTERSON
Retired Teacher / Principal Officer
Voters Against Wasteful School Bonds

HANEY HONG
President and CEO
San Diego County Taxpayers Association

N SD 229-059

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Rebuttal to Argument Against Measure EE

PR-1313-6

REBUTTAL TO THE ARGUMENT AGAINST MEASURE EE

Outside special interests like Carl DeMaio and Republican Party leaders from San Diego have a lot at stake in California's statewide election. Maybe that's why they're grandstanding in our local election.

Since they aren't local, let's forgive these outside special interests for getting their facts wrong. Bonsall Unified School District HAS adopted San Diego County Taxpayers' best practices. Measure EE DOES include mandatory, local citizen oversight and annual, public audits.

Visit www.tinyurl.com/bonsalltransparency to read the resolution and board policies for yourself.

Measure EE is about our kids, our property values and the future of our community. It's not about statewide politics.

Measure EE provides local control over the quality and safety of local high school education.

We can't risk another Lilac Fire when firefighters couldn't evacuate all the middle and high schoolers who are currently overcrowded into one middle school campus.

Without Measure EE, Bonsall High students will lack access to science labs and other modern high school facilities needed for career training in technology, engineering, biomedical science, math and skilled trades.

Everyone's property values depend on the continued quality and safety of our local schools.

Voting Yes on EE is the only way to relieve overcrowding, protect excellent education and keep Bonsall Unified School District students safe.

That's why hundreds of local residents —Republicans and Democrats, parents of Bonsall students and neighbors whose kids are long out of school — are rallying together to pass Measure EE.

Don't listen to outsiders and special interests. This is about our community and our kids.

Vote Yes on EE.

Patti Costa
Retired Bonsall Teacher
And 30-year Gird Valley Resident

Chris Hasvold
Bonsall Realtor

Jack Flaherty
President, Bonsall Chamber

Jeffrey M. Johnson
Retired Navy Captain Engineer
BUSD Superintendent's Advisory
Committee for School Site Selection

N SD 229-060

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Full Text of Measure EE

B-1

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE BONSALL UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 6, 2018

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

"To improve the quality of education; improve safety and security on all campuses; construct a new high school to reduce student overcrowding; renovate/replace track and field structures and facilities; shall Bonsall Unified School District issue $38,000,000 of bonds with interest rates below legal limits, with annual audits, independent citizens' oversight, NO money for salaries and all money staying local?"

PROJECT LIST

The Board of Trustees of the Bonsall Unified School District is committed to improving the quality of education by providing students and teachers with safe and secure facilities and infrastructure needed to prepare students for 21st Century academic standards and jobs. To that end, the Board evaluated the District's urgent and critical facility needs, including safety issues, class size 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 and security of facilities as important matters to be addressed. Therefore, in approving this Project List, the Board of Trustees determines that the District must:

  1. (i) Construct a new high school to accommodate approximately 500 students; and
  2. (ii) Install and/or upgrade security at district school sites to improve safety to current standards and changing needs; and
  3. (iii) Renovate or replace athletic track and fields at district school sites.

The Project List includes the following types of upgrades and improvements at District schools and sites:

Scope of Projects. Projects which are described below include all related and incidental costs, including their share of the costs of the 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 other costs incidental to and necessary for completion of the listed projects.

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.

Whenever specific items are included in the following list, they are presented to provide examples and are not intended to limit the generality of the broader description of authorized projects. The order in which particular projects are listed is not intended to indicate priority for funding or completion.

NEW HIGH SCHOOL

B-2

A majority of the proceeds of the Bonds will be used to construct and equip a new high school for approximately 500 students 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

SECURITY UPGRADE 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
And other District facilities

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

  • Install and upgrade fencing and gates to achieve a single point of entry for increased security
  • Upgrade alarm systems as necessary to meet current and continually changing new standards
  • Install and upgrade security systems including access control systems and security cameras

IMPROVEMENTS TO TRACK & FIELD STRUCTURES AND FACILITIES

Proceeds of the Bonds will be used to improve and upgrade track and field structures and facilities throughout the District.

* * *

Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, staff training expenses and a customary contingency for unforeseen design and construction costs. 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. 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. 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. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Necessary site preparation/restoration may occur and interim housing may be required in connection with new construction, reconstruction or remodeling, or installation or removal of relocatable B-3 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 be expended only for the specific purposes identified herein. 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 to the bond projects. 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 EE Tax Rate Statement

TAX RATE STATEMENT

An election will be held in the Bonsall Unified School District (the "District") on November 6, 2018 to authorize the sale of $38,000,000 in general obligation bonds. If such bonds are authorized and sold, principal and interest on the bonds will be payable only from the proceeds of tax levies made on the taxable property in the District. These estimates are based on projections derived from information obtained from official sources and other demonstrable factors. 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 following information is submitted in compliance with Sections 9400-9404 of the California Elections Code.

  1. i. The best estimate of the average annual tax rate that would be required to fund this bond issue over the entire duration of bond debt service, based on estimated assessed valuations available at the time of filing of this statement, is $0.0375 per $100 ($37.50 per $100,000) of assessed valuation.
  2. ii. The best estimate of the final fiscal year in which the tax described in (i) above is anticipated to be collected is fiscal year 2050-51.
  3. iii. 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 $0.0375 per $100 ($37.50 per $100,000) of assessed valuation, which is projected to be the same in every fiscal year the bonds remain outstanding.
  4. iv. The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold will be approximately $77.3 million.

Based upon the forgoing and projections of the District's assessed valuation, 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 and other factors. Actual assessed valuations will depend upon the amount and value of taxable property within the District as determined by the San Diego County Assessor in the assessment and the equalization process.

Voters should note that the estimated tax rates are based on the ASSESSED VALUE of taxable property in the District as shown on the County's official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions.

Dated: 7-12-18

/s/ David Jones
Superintendent
Bonsall Unified School District

N SD 229-056

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Measure EE Agenda Description

Minutes of February 12, 2018 (complete item)

Special Board Meeting
Bonsall USD
February 12, 2018 7:00PM

4. Discussion/Action
4.1. Community Survey
Rationale:
The board is interested in surveying the Bonsall Unified School District community voters to determine the level of support for a potential bond election.  The board will have an opportunity to provide input to the questions being asked of the community, prior to voting on the final survey document to be used.

 
Minutes:
Superintendent Jones provided an overview of the generic survey developed by Isom Advisors, and input received from members of the Superintendent’s Advisory Committee and board members. The purpose of the special board meeting is to afford the board with an opportunity to make any final changes to the survey and vote to approve the survey.
Jason List from Isom Advisors attended to provide input and guidance to the board’s recommendations. The board made their final changes and voted to approve the final community survey. The motion to approve the survey was made by Member Riddle, with a second received from Member Olson. The motion carried 4-0.

Minutes of April 12, 2018 (complete item)

Regular Meeting of the Board of Trustees
Bonsall USD
April 12, 2018 5:00PM

9.1. Isom Advisors Community Survey Presentation
Speaker:
Jason List
Rationale:

The board approved Isom Advisors to conduct a survey of registered voters living in the attendance boundaries of the Bonsall Unified School District.  The survey results will provide the board with information on the community's level of support for a potential bond election in November of 2018.  

 
Minutes:
Jason List of Isom Advisors presented results of the recently conducted telephonic survey measuring the community's level of support for a potential bond election in November 2018.

Minutes of April 26, 2018 (complete item)

Special Board Meeting
Bonsall USD
April 26, 2018 6:00PM

3. Adoption of Resolution 18-04-04 Ordering An Election, and Establishing Specifications of the Election Order
Speaker:
David Jones
Rationale:

The Board of Trustees (the “Board”) recognizes that our schools are vital community assets and is committed to providing classrooms to accommodate the growing student population in the Bonsall Unified School District (the “District”) and increasing student safety by constructing and maintaining quality educational facilities; and

The Board desires that all of the District’s campuses and classrooms be safe and secure so that students are protected by up to date facilities and systems; and

The Board has determined that school facilities within the District are insufficient to accommodate the growing student population and that the school facilities do not meet current safety standards; and

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

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 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

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

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; and

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

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

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; and

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

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

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

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.

 
Actions:
Motion

The Superintendent and Assistant Superintendent recommend the Governing Board adopt proposed Resolution 18-04-04, with noted revisions, ordering an election and establishing specifications of the election order. 

Passed with a motion by Dr. Sylvia Tucker and a second by Mr. Richard Olson.
Vote:
Yes Dr. Timothy Coen.
Yes Mr. Richard Olson.
Yes Mr. Eric Ortega.
Yes Mr. Lou Riddle.
Yes Dr. Sylvia Tucker.
Minutes:
April 26, 2018: A motion was made by Member Riddle, and seconded by Member Ortega, that the Governing Board adopt proposed Resolution 18-04-04 ordering an election and establishing specifications of the election order. Board discussion revealed language revisions to Resolution 18-04-04 were being requested by Members Tucker and Olson. A continuance to the following evening was suggested in order to adequately address areas of concern. Member Riddle rescinded his motion to adopt Resolution 18-04-04 as presented. By unanimous consensus of the Board, the Special Meeting agenda was continued for further discussion to Friday, April 27, 2018, at 6 PM in the Bonsall Community Center. Notification of the continued meeting was posted to the front door of the Bonsall Community Center immediately following the recess of the Special Meeting at 9:50 PM.
April 27, 2018: The Board reconvened on April 27, 2018, at 6:02 PM. Member Tucker motioned, and Member Olson seconded, that Resolution 18-04-04 as revised, be adopted. After some discussion, Member Tucker amended her original motion to include an additional revision to the "Project List" on Exhibit B: specifically, that the word "existing" be removed from the description of "Improvements to Track & Field Structures and Facilities". Member Olson seconded. The motion to adopt Resolution 18-04-04 as revised ordering an election, and establishing specifications of the election order passed unanimously.
Financial Impact:

Restricted general obligation bond funds of $38 million.


Attachments:
Reso 18-04-04 Bond

Minutes of July 12, 2018 (complete item)

Regular Meeting of the Board of Trustees
Bonsall USD
July 12, 2018 5:00PM

10.4. Approval of Agreements to Provide Legal Services during the 2018-19 Fiscal Year
Speaker:
William Pickering
Rationale:

Renewal of contract to provide legal services on an as-needed basis beginning from July 1, 2018, to June 30, 2019, for the following law firms:

  1. Atkinson, Andelson, Loya, Ruud & Romo
  2. Best, Best & Krieger LLP
  3. Fagen, Friedman, & Fulfrost LLP
  4. Stradling Yocca Carlson & Rauth.


These firms will be used by certain departments according to the law firms’ area expertise. Below is an executive summary to the departments’ budget for each firm.

The table shows that the Human Resources & Special Education departments will use AALR&R because they have expertise in employment and special education. BB&K is the law firm we are using to guide the District’s through the CEQA process for the new high school project. We occasionally use BB&K to review complex facilities contracts. The District is working with FF&F on our contract dispute with the Energy Efficiency grant contractor. SYC&R is the bond counsel that will be used if the high school bond is approved by voters in the November 2018 election, these cost are covered by bond proceeds. The District is expecting to have two to three issues. The work performed prior to the election must be paid for by the District’s general fund.

The District does not plan on renewing contracts with Lozano Smith, LLP, Hatch & Cesario, or Artiano Shinoff.


 
Actions:
Motion

The Superintendent and Assistant Superintendent recommend the Governing Board approve the legal agreements as presented by:

1. Atkinson, Andelson, Loya, Ruud & Romo

2. Best Best & Kreiger

3. Fagen Friedman and Fulfrost LLP

4. Stradling Yocca Carlson & Rauth  





Passed with a motion by Mr. Lou Riddle and a second by Mr. Richard Olson.
Vote:
Yes Dr. Timothy Coen.
Yes Mr. Richard Olson.
Yes Mr. Eric Ortega.
Yes Mr. Lou Riddle.
Yes Dr. Sylvia Tucker.
Financial Impact:

Not to exceed:

General Fund $69,500

HS Building Fund $25,000

Bond Funds $75,000 per bond issue






Attachments:
Legal Services AALR&R Renewal 1819
Legal Services BBK Renewal 1819
Legal Services FFF Renewal 1819
Legal Services Stradling Yocca Carlson & Rauth
10.5. Approval of Update to 2018 GO Bond Resolution Including Community Joint-Use Language as Suggested by the San Diego County's Taxpayer's Association
Speaker:
William Pickering
Rationale:

On April 26, 2018, the Board of Trustees approved BUSD Resolution 18-04-01 ordering an election for the District to issue general obligation bonds. The San Diego County Taxpayer Association has suggested language specific regarding community joint-use be added, to wit: 

"In order to maximize community benefit and efficiently apply taxpayer dollars, the applicant shall demonstrate a good faith effort to pursue all practical opportunities to expand community joint use facilities in every new or expanded construction project. In pursuing joint use, the applicant’s goal should be to maximize the use of facilities to the broader community without adversely impacting operations or finances."

This item will rescind the prior resolution and adopt BUSD Resolution 18-07-01, to which the only change is the addition of the language cited above.

 
Actions:
Motion

The Superintendent and Assistant Superintendent recommend the Governing Board rescind BUSD Resolution 18-04-01 and adopt BUSD Resolution 18-07-01 which includes language suggested by the San Diego County Taxpayer Association.

Passed with a motion by Mr. Richard Olson and a second by Dr. Sylvia Tucker.
Vote:
Yes Dr. Timothy Coen.
Yes Mr. Richard Olson.
Yes Mr. Eric Ortega.
Yes Mr. Lou Riddle.
Yes Dr. Sylvia Tucker.
Minutes:
Roll Call Vote:
Riddle: Aye
Ortega: Aye
Tucker: Aye
Olson: Aye
Coen: Aye
Financial Impact:

Restricted general obligation bond funds of $38 million.


Attachments:
Reso 18-07-01

Minutes of August 9, 2018 (complete item)

Regular Meeting of the Board of Trustees
Bonsall USD
August 09, 2018 5:00PM

9.4. Adoption of Resolution 18-08-02 Ordering an Election with Updated 75 Word Ballot Language
Speaker:
William Pickering
Rationale:

On July 12, 2018, the Board of Trustees approved BUSD Resolution 18-07-02 ordering an election for the District to issue general obligation bonds with updated language suggested by the San Diego County Taxpayer Association. With the recent suspense of AB195, the requirements for the 75 words included on the ballot has changed.  The District's financial advisor, Isom Advisors, provided the new ballot language included in this resolution.

The ballot language on the prior resolution read as follows:

“To improve the quality of education;  improve safety and security on all campuses; construct a new high school to reduce student overcrowding; renovate/replace track and field structures and facilities; shall Bonsall Unified School District issue $38,000,000 of bonds at legal rates, levy approximately 3.75 cents/$100 assessed value, generating approximately $2,300,000 annually while bonds are outstanding, with annual audits, independent citizens’ oversight, NO money for salaries and all money staying local?”

The new ballot language on the proposed resolution is:

“To improve the quality of education;  improve safety and security on all campuses; construct a new high school to reduce student overcrowding; renovate/replace track and field structures and facilities; shall Bonsall Unified School District issue $38,000,000 of bonds with interest rates below legal limits, with annual audits, independent citizens’ oversight, NO money for salaries and all money staying local?”

This item will rescind the BUSD Resolution 18-07-01 and adopt BUSD Resolution 18-08-01, with the only change being the ballot language cited above.

 
Financial Impact:

Restricted general obligation bond funds of $38 million.



Attachments:
Resolution 18-08-02 (AB195)

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

Measure EE Resolution

RESOLUTION NO. 18-08-02

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 providing classrooms to accommodate the growing student population in the Bonsall Unified School District (the "District") by building a new high school and increasing student safety; and

WHEREAS, the Board desires that all of the District's campuses and classrooms be safe and secure so that students are protected by up to date facilities and systems; and

WHEREAS, the Board has determined that school facilities within the District are insufficient to accommodate the growing student population and that the school facilities need to be upgraded to meet current safety codes; 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; 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 build a high school to 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

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

2

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, in order to maximize community benefit and efficiently apply taxpayer dollars, the District intends to demonstrate a good faith effort to pursue all practical opportunities to expand community joint use facilities in every new or expanded construction project to be financed from the proceeds of the Bonds (as defined below) with a goal to maximize the use of facilities to the broader community without adversely impacting operations or finances;

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 6, 2018, 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:

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 $38,000,000 (the "Bonds") shall be issued and sold for the purpose of raising money for the projects 3 described in Exhibits "A" and "B" hereto. Both exhibits are directed to be printed in the voter pamphlet. The District's Superintendent, or designee, is hereby authorized and directed to make any changes to the text of the measure, or to the abbreviated form of the measure, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of elections officials, and requirements of law.

That the date of the election shall be November 6, 2018.

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. 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. 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;
  3. 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. 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. 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. 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.

That the authority for ordering the election is contained in Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506.

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

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 6, 2018 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.

4

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 10, 2018.

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.

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.

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 _____ day of July, 2018.

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 ___ day of July, 2018, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By
Secretary

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