Santa Ana Unified Schools: Vote Yes on Measure I Bonds - Orange County - 2018 General Election
Are you a good listener? Keep your ear to the ground and let us know. Sign Up                                        Do you have an oversight or transparency nightmare to report about your district? Let the whole world know! Oversight Report Card                                        
Sign In

Use Ctrl-- (ctrl minus sign) to reduce text size, or Crtl-+ (ctrl plus sign) to increase.


Why didn't Santa Ana Unified tell you specifically what it will do with the $232,000,000 in Measure I?

We Could Really Use Your Help!

Real Grassroots Against Measure I

Visit our web page.

Send us a message.

Give us a call (or send a text) 909-378-5401.

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

Commentary on Measure I

#HonestBallots Movement

Your Orange 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 Santa Ana 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, Orange, 0635310, 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 Fieldman Rolapp & Associates Inc. We figured out just the right words to get you to you to open up your checkbook.

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

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

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

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

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

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

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

Measure I Question

10

EXHIBIT B

BOND MEASURE

(Abbreviated Form)

To update classrooms, science labs and facilities that prepare students for college and careers in math, science, technology, arts and skilled trades, improve. student safety and security, repair/replace deteriorating roofs, plumbing and electrical systems and remove asbestos; shall Santa Ana Unified School District issue $232 million in bonds at legal rates, levying 2 cents per $100 of assessed value ($14 million annually) while bonds are outstanding, with citizen oversight, annual audits, and all funds used for local schools?

Bonds-YES Bonds-NO

B-1

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

Impartial Analysis for Measure I

Impartial Analysis
Santa Ana Unified School District
Measure I

The California Constitution provides that school districts may issue general obligation bonds for the construction, reconstruction, rehabilitation or replacement of school facilities, including the furnishing and equipping of school facilities or the acquisition or lease of real property for school facilities, with the approval of 55% of the voters of the district, voting at an election for that purpose. The California Constitution further provides that the bond measure must include a requirement that the bond proceeds will be used only for the permitted purposes and other requirements designed to ensure accountability.

The Board of Education of the Santa Ana Unified School District (the "District") has proposed to the voters within the District that general obligation bonds be issued in an amount up to $232,000,000 and that ad valorem taxes be levied upon taxable property within the District to repay the bonded indebtedness. The measure provides that proceeds from the sale of the bonds will generally be used to modernize, renovate, repair and construct school facilities within the District, including repairing or replacing roofs and exterior walls; making Federal and Statemandated Americans with Disabilities Act accessibility upgrades; replacing portable classrooms; repairing or replacing outdated or inadequate heating and air-conditioning; constucting, equipping and improving computer and science labs; repairing, replacing, upgrading and installing security and safety systems, including security cameras and entry/door locks and hardware; and acquiring, installing and upgrading computers and technology infrastructure. Bond proceeds may only be spent on the projects set forth in the measure.

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

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

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

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

Argument in Favor of Measure I

Argument in Favor of Measure I

Vote YES on I to repair and modernize Santa Ana's aging schools and prepare local students for future success.

Most Santa Ana schools were built over 40 years ago and require critical repairs.

Measure I makes essential upgrades to classrooms, labs and school facilities ensuring our students have access to the same educational opportunities as other students in Orange County.

YES on I ensures students are prepared for college and receive the career training needed to compete for good jobs.

Measure I includes strict fiscal accountability. Every penny stays local for Santa Ana students.

Vote YES on I:

  • Provide modern science and engineering labs and career technical education facilities to prepare students for college and in-demand careers in fields like health sciences, engineering, technology, robotics and skilled trades
  • Repair or replace deteriorating roofs, plumbing, gas and electrical systems
  • Replace failing heating and ventilation systems, improve insulation, doors, windows and irrigation, improving energy and water efficiency and saving money
  • Upgrade older schools so they meet the same academic and safety standards as newer schools
  • Remove hazardous materials like asbestos and lead paint from older schools
  • Provide classrooms, laboratories, facilities and technology needed to support high-quality instruction in math, science, engineering and technology

All Measure I Funds Stay in Santa Ana Schools

  • No money can be taken by the State
  • Independent citizens' oversight committee, annual audits and a detailed project list are required
  • By law, no money can be used for administrators' salaries or benefits
  • Measure I makes our District eligible for $62 million in State matching funds that would otherwise go to other school districts

Whether or not you have school-age children, Measure I is a wise investment. Improving Santa Ana schools improves our quality of life and strengthens property values.

Santa Ana's teachers, parents, business and community leaders agree – vote YES on I!

www.Yes4SantaAnaKids.org

s/Robert Richardson
Former School Board President and City Council Member

s/Beatriz Mendoza
Co-Chair, Committee for 21st Century Santa Ana Schools/Santa Ana Planning Commissioner

s/Kenneth Nguyen
Businessman/39-Year Santa Ana Resident

s/Carlos Muniz
Vice President, Orange County Hispanic Chamber of Commerce

s/Barbara Pearson
President, Santa Ana Educators' Association

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

Rebuttal to Argument in Favor of Measure I

No Rebuttal to Argument in Favor Filed.

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

Argument Against Measure I

Argument Against Measure I

In 2008, the Santa Ana Unified School District asked voters to borrow $200 Million to replace portable classrooms with permanent ones and to renovate facilities.

Eight years before that, in 2000, Santa Ana Unified School District asked voters for $145 Million to replace portable classrooms with permanent ones and to renovate facilities.

Fast forward to 2018, and Santa Ana Unified School District is back again asking for $232 Million more!

The purpose of this new bond? You guessed it: Replace portable classrooms with permanent ones and renovate facilities.

In less than 20 years Santa Ana Unified School District will have wasted more than a billion dollars but students still attend classes in portables that the majority of the school board promised to remove.

School bonds add to housing costs in Santa Ana, and lead to increased rents and property taxes.

Student enrollment has been falling for decades and just last year Santa Ana Unified School District threatened to lay off 287 teachers.

There's clearly a problem in Santa Ana Unified School District that more money just can't fix.

Let's insist on accountability before we give them more of our tax dollars.

Please vote No on Measure I

s/ Angie Cano

s/ Cecilia P. Iglesias
Governing Board Member, Santa Ana Unified School District

s/ Miguel Angel Gonzalez
Businessman/ETAC Commissioner

s/ Thomas Anthony Gordon
Santa Ana Resident

s/ Chris Schmidt

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

Rebuttal to Argument Against Measure I

Rebuttal to Argument Against Measure I

The opponents ignore these important facts:

Fact #1: Santa Ana Unified School District is Orange County's largest school district, with 60 school sites, serving almost 50,000 students.

Fact #2: 70% of new jobs will require science, computer, math, and engineering skills. Measure I not only repairs aging schools, many of which were built over 40 years ago, but also upgrades them with state-of-the-art, laboratories and equipment, giving Santa Ana students an advantage in the competitive job market.

Fact #3: Measure I builds on 20 years of successful efforts and funds the next phase of improvements. We already replaced 580 deteriorating portable classrooms with permanent classrooms, modernized 1,319 classrooms at 34 schools and built two high schools. The independent citizens' oversight committee and annual audits confirmed funds were spent properly.

Fact #4: SAUSD used local bonds to qualify for millions in state matching dollars that would have gone to other school districts. For every $1 from local taxpayers, SAUSD secured $3 in matching funds.

Fact #5: Measure I qualifies SAUSD for $62 million in state matching funds and costs the typical homeowner just $5 per month – a small down payment on our students' futures.

Fact #6: Measure I requires STRICT FISCAL ACCOUNTABILITY. An independent citizens' oversight committee and annual audits are mandatory. No money can be taken by the State or used for administrators' salaries.

Irvine, Tustin, Anaheim, Orange and Garden Grove recently passed school improvement measures like Measure I. Santa Ana students deserve the same educational opportunities.

Let's invest in Santa Ana's future – Vote YES!

s/ Lou Correa
United States Congressman

s/ Rigo Rodriguez, Ph.D.
Vice President, Santa Ana Unified School District Board of Education

s/ Mark McLoughlin
Former Chairperson, Santa Ana Unified School Disirict Citizen's Bond Oversight Committee

s/ Daniel E. Griset
Businessman and Former Santa Ana Mayor

s/ Beatriz Mendoza
Co-Chair, Committee for 21 Century Schools and Santa Ana Planning Commissioner

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

Full Text of Measure I

Full Text of Measure I
Santa Ana Unified School District

ACCOUNTABILITY SAFEGUARDS

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

Evaluation of Needs. The Board of Education has prepared an updated facilities plan in order to evaluate and address all of the facilities needs of the Santa Ana Unified School District, and to determine which projects to finance from a local bond at this time. The Board of Education hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Project List.

Limitation on Use of Bond Proceeds. The State of California does not have the power to take locally approved school district bond funds for any State purposes. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to the bond projects.

Independent Citizens' Oversight Committee. The Board of Education shall establish an independent Citizens' Oversight Committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are spent only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board of Education.

Annual Performance Audits. The Board of Education shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Project List.

Annual Financial Audits. The Board of Education shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in the Project List.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board of Education shall take actions necessary pursuant to Government Code Section 53410 and following to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent of the District shall cause a report to be filed with the Board no later than December 31 of each year, commencing December 31, 2019, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

PROJECT LIST

Bond proceeds will be expended to modernize, replace, renovate, expand, construct, acquire, equip, furnish and otherwise improve the classrooms and school facilities of the District.

The school facilities projects to be funded include, but shall not be limited to:

Modernization Improvements to Educationally and Functionally Enhance Existing School Facilities

  • Renovate, improve, repair, and upgrade existing classrooms and school facilities
  • Furnish and equip classrooms, science labs, multi-purpose rooms, libraries, food service facilities, auditoriums, physical education and playground facilities, outdoor instructional areas and other school facilities
  • Repair or replace leaky and aging roofs and exterior walls
  • Repair, replace and upgrade aging flooring, walls and ceilings
  • Replace existing windows with energy efficient systems
  • Make health and safety improvements including handicap accessibility improvements to improve classroom and school access for students and staff with disabilities
  • Federal and State-mandated Americans with Disabilities Act (ADA) accessibility upgrades including site access, parking, staff and student restrooms, relocation of some existing electrical devices, drinking fountains, playground equipment, etc.
  • Improve access to classrooms and other school facilities, including for students with disabilities, to promote parent involvement and community services
  • Upgrade physical education facilities for school and community use
  • Repair, replace, install or upgrade signage and fencing including repair or replacement of school marquees
  • Repair, replace or upgrade paved surfaces, turf and other grounds
  • Repair or replace irrigation systems and landscaping

Replacement of Temporary Classrooms to Achieve State of the Art Learning Environments

  • Replace antiquated portable classrooms with state-of-the-art classrooms and school facilities
  • Repair outdated temporary portable classrooms or replace with new and/or permanent classrooms

Improving Building Systems and Infrastructure

  • Repair or replace outdated and inadequate heating and air-conditioning, plumbing, sewer, electrical systems and other utilities with building code compliant and energy efficient systems including alternative energy systems
  • Install energy efficient lighting systems
  • Upgrade and expand campus-wide intercom and wireless systems, and telecommunications, internet and network connections
  • Replace existing wiring systems to meet current electrical and accessibility codes and increased capacity
  • Create Safe, Effective, Well-Maintained and Equitable Learning Environments
  • Construct, acquire, improve, furnish, expand and equip additional classrooms/classroom buildings, property and other school facilities throughout the District
  • Acquire land and/or facilities for construction of a neighborhood school in the Irvine/Newport Development Area
  • Repair, replace, upgrade and install security, fire, lighting, communication and other safety systems including security cameras and entry/door locks and hardware
  • Upgrade classrooms and other school facilities with modern 21st century technology
  • Acquire, install and upgrade computers, computer learning technology and technology infrastructure
  • Construct, equip, improve and upgrade computer labs and science labs to improve student achievement
  • Acquire, construct, install and improve outdoor facilities including lunch areas and other grounds to eliminate safety hazards including heat and sun protection
  • Upgrade school site parking, driveways, walkways, drainage and grounds and improve traffic circulation

The listed projects will be completed as needed. 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. In addition to the listed projects stated above, the list also includes the acquisition of a variety of instructional, maintenance and operational equipment, including the reduction or retirement of outstanding lease obligations and interim funding incurred to advance fund projects from the list; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects. In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: renovation of student and staff restrooms; upgrade of facilities for energy efficiencies; installation wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrades or construction of support facilities, including administrative, physical education/athletic facilities and performing arts buildings and maintenance yards; resurfacing or replacing of hard courts, turf and irrigation systems and campus landscaping and play fields; expand parking; install interior and exterior painting and floor covering; demolition; and construction of various forms of storage and support spaces, upgrade classrooms, bleachers, kitchens, repair, upgrade and install interior and exterior lighting systems; replace outdated security fences and security systems. The upgrading of technology infrastructure includes, but is not limited to, computers, LCD projectors, portable interface devices, servers, switches, routers, modules, sound projection systems, laser printers, digital white boards, document projectors, 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 District's receipt of State matching funds and the final costs of each project. In the absence of State matching funds, which the District will aggressively pursue to reduce the District's share of the costs of the projects, the District will 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, such as gyms, fields and performing arts facilities, may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating more enhanced and operationally efficient campuses. Necessary site preparation/ restoration may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to bond projects. 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.

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

Measure I Tax Rate Statement

Tax Rate Statement
Santa Ana Unified School District
Measure I

An election will be held within the boundaries of Santa Ana Unified School District ("District") on November 6, 2018 to authorize the sale of up to $232,000,000 in bonds of the District to finance improvements to educational facilities as described in the measure. If such bonds are approved, authorized and sold, the principal and interest on the bonds will be payable only from the proceeds of ad valorem tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400 to 9404, inclusive, of the California Elections Code. Such information is based upon the best estimates and projections presently available from official sources, upon experience within the District and other demonstrable factors.

  1. 1. The best estimate from official sources of the average annual tax rate that would be required to be levied to fund this bond issue over the entire duration of the bond debt service, based on a projection of assessed valuations available at the time of filing of this statement, is 2.4 cents per $100 of assessed valuation ($24.00 per $100,000 of assessed valuation). The final fiscal year in which it is anticipated that the tax will be collected is 2050-51.
  2. 2. The best estimate from official sources of the highest tax rate that would be required to be levied to fund this bond issue, based on a projection of assessed valuations available at the time of filing this statement is 2.4 cents per $100 of assessed valuation ($24 per $100,000 of assessed valuation). It is estimated that such rate would be levied in fiscal year 2027-28.
  3. 3. 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, is approximately $450,425,374.

Voters should note that the estimated tax rate is based on the assessed value (not market value) of taxable property on the Orange County official tax rolls. In accordance with Education Code Section 15100, subparagraph (c), the Board has obtained reasonable and informed projections of assessed property valuations that take into consideration projections (if any) of assessed property valuations made by the County Assessor. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above. Property owners should consult their own property tax bills and tax advisors to determine their property's assessed value and any applicable tax exemptions.

The attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only, which are not binding upon the District. 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 market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process. Accordingly, the actual tax rate and the years in which such rates are applicable may vary from those presently estimated as above stated.

s/Stefanie Phillips
Ed.D., Superintendent

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

Measure I Agenda Description

Agenda of July 16, 2018 (complete item)

Santa Ana Unified School District
Board of Education
Board Meeting Agenda
Monday, July 16, 2018
6:00 p.m.

REGULAR AGENDA - ACTION ITEMS

6.0 Adoption of Resolution No. 18/19-3250 – Calling for a General Obligation Bond Measure to be Placed on the Ballot, and Authorizing the Issuance of General Obligation Bonds of the Santa Ana Unified School District at an Election to be Held November 6, 2018 Under Provisions of Proposition 39

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

Measure I Resolution

1

RESOLUTION NO. 18/19-3250

BOARD OF EDUCATION
SANTA ANA UNIFIED SCHOOL DISTRICT
Orange County, State of California

RESOLUTION CALLING FOR AN ELECTION AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE SANTA ANA UNIFIED SCHOOL DISTRICT AT
AN ELECTION To BE HELD NOVEMBER 6, 2018

WHEREAS, the Board of Education (the "Board") of the Santa-Ana Unified School District (the "District"), within the County of Orange, California (the "County"), is authorized to order elections within the District for the purpose of considering, inter alia, bond measures to meet the ongoing capital improvement needs of the District, pursuant to the Constitution of the State of California (the "State") and the Education Code of the State (the "Education Code"); and

WHEREAS, Section 18 of Article XVI and Section 1 of Article XIII A of the Constitution of the State and Section 15266 et seq. of the Education Code (collectively, "Prop 39") provide for a methodology by which the District may call for an election and, upon approval by 55% or more of the qualified voters voting on the bond measure, issue its general obligation bonds and cause the County to i levy an ad valorem property tax to pay debt service on said bonds; and

WHEREAS, this Board has determined it to be in the best interests of the District to call such an election under Prop 39, as further described herein; and

WHEREAS, November 6, 2018 (the "Election Date") meets the consolidation requirements of the Education Code and any County or local measure or election may be consolidated with the Statewide general election then pending; and

WHEREAS, the Board wishes to specify the manner in which the District shall call a bond election on the Election Date and to demonstrate compliance with related requirements of the Constitution, the Education Code and the Elections Code of the State;

NOW, THEREFORE, be it hereby resolved, determined and ordered by the Board of Education of the Santa Ana Unified School District as follows:

Section 1. Recitals. All of the foregoing recitals are true.

Section 2. Determination to Proceed under Prop 39. The provisions of Prop 39 shall control the administration of the election to consider the bond proposition of the District (the "Bond Proposition"), such that a favorable vote of no less than 55% of the qualified voters voting at the election shall constitute approval thereof, and the Board of Education of the District (the "Board") hereby declares its intention to meet the pertinent requirements of Prop 39.

Section 3. Bond Proposition. This Board does hereby order and request that the Orange County Registrar of Voters (herein called the "Registrar") call an election (the "Bond Election") (in the performance of his duties and in the exercise of his power, alone, or with the assistance of such other officers of the County as he may request) to consider the proposition attached hereto as' Exhibit A on November 6, 2018 (the "Bond Measure"), which constitutes the election order prescribed under California Education Code Section 15122 and Elections Code 13247.

The Registrar is hereby requested to reprint Exhibit A in its entirety in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. As required under Elections Code Section 13247, the abbreviated form of the Bond Measure to appear on the ballot shall be the measure selected by the Superintendent, Deputy Superintendent, Administrative Services or the 2 Assistant Superintendent of Facilities and Governmental Relations of the District and filed herewith as Exhibit B. Pursuant to Section 18, Article XVI and Section 1, Article XIII A of the Constitution of the State, the foregoing Bond Measure shall become effective upon the favorable vote of no less than 55% of those qualified voters voting on the proposition.

Section 4. Consolidation of Bond Election; Services of County. Pursuant to Section 1258 of the Education Code, the Superintendent of the District is hereby authorized to contract with the Registrar, who is hereby requested and authorized to perform such duties as may be required by law, necessary or useful, or customary and appropriate in the conduct of said Bond Election, including the consolidation of the Bond Election with the general election within the territory of the District being conducted on the Election Date.

The precincts, polling places for said precincts in the County, and persons appointed and designated to serve as election officers for said Bond Election will be those determined, designated, and appointed pursuant to state law by the Registrar. The County is hereby requested to tally and canvass the returns of the election, in accordance with Section 10411 of the Elections Code. The District agrees to reimburse the County for all services related to the Bond Election, such services to include the publication of the Formal Notice and a Tax Rate Statement (described in Section 9401 of the Elections Code) pursuant to the terms of 5363 of the Education Code and Section 121 12 of the Elections Code.

Section 5. Approval of Project List; Accountability Safeguards. The District has developed a list of certain capital projects which are a priority in order to meet the obligations of the District to provide education to the children of its residents, as more particularly identified on Exhibit A hereto, which is incorporated herein by this reference. Exhibit A is hereby certified by this Board as the Project List (the "Project List") for funding, either in whole or in part, with the proceeds of the Bonds. This certification of the Project List shall not be interpreted by and does not constitute an official approval of any listed project for the California Environmental Quality Act ("CEQA") or other purposes, but only as a statement of present intention of this Board. Furthermore, the listing of a capital improvement on the Project List does not imply any particular prioritization among such improvements, which remains the province of the Board by subsequent action. Notwithstanding the foregoing, only those acquisitions and other capital improvements included on the Project List may be funded, in whole or in part, with the proceeds of the Bonds. Additional moneys may be obtained for listed projects, in supplementation of the Bond proceeds, from any lawful source of moneys.

The Board hereby confirms that it has, in the development of the Project List appended hereto, evaluated and taken into consideration safety, class size reduction and information technology needs.

Section 6. Citizens' Oversight Committee. Pursuant to Section 15278 et seq. of the Education Code, within 60 days following the certification by this Board of the official results of the Bond Election by the County, this Board is required to appoint a Citizens Oversight Committee (the "Committee") to insure the District's compliance with the foregoing restrictions and to perform the duties established under the Education Code for such committees. To assist the Committee in its statutory obligations, the District shall cause to be conducted an annual independent performance audit and an annual independent financial audit on the expenditure of Bond proceeds; the audits shall be performed under contract with appropriate persons or firms as shall be subsequently brought for approval before this Board. The financial audit may be consolidated with the annual audit of the District's financial statement and may be performed by the same accounting firm, without further approval by this Board.

The results of the annual audits performed hereunder shall be reported to the Board and to the Committee at least annually, and more often, if the Board shall so direct.

Section 7. No Administrators' or Teachers' Salaries to Be Paid from Bond Proceeds. In accordance with Prop 39, the Board hereby confirms that no administrators' or teachers' salaries shall be paid or reimbursed, in whole or in part, from Bond proceeds, nor shall such proceeds be used to pay any 2 3 other operating expenses of the District. Notwithstanding the foregoing, costs of administering the Bond Election and costs of issuance of the Bonds shall be lawful charges against Bond proceeds.

Section 8. Other Terms of the Bonds. The maturity of any bonds issued pursuant to the Bond Measure and under Chapter 1.5, Part 10, Division l, Title 1 of the Education Code (commencing with Section 15264), as amended, and Article XIIIA of the California Constitution ("Article XIIIA") shall not exceed twenty-five (25) years as to maturity and shall bear interest at (a rate not to exceed the maximum legal interest rate per annum. The maturity of any bonds issued pursuant to the Bond Measure and under Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, as amended, applicable provisions of the Education Code and Article XIIIA shall not exceed the applicable legal limits as to maturity, or, in the case of bonds the interest on which is compounded, the maturity shall not exceed twenty-five (25) years, and shall bear or accrete interest at a rate not to exceed the maximum legal interest rate.

Section 9. Approval of Election Consolidation; Delivery of Order of Election. The Clerk of the Board is hereby directed to deliver, no later than August 10, 2018, one certified copy of this Resolution to the Board of Supervisors of the County with a copy to the Registrar, together with the Tax Rate Statement attached as Exhibit C and executed by the Superintendent of the District.

Section 10. Ballot Arguments. The members of the Board, or any one member or group thereof, are hereby authorized, but not directed, to file a formal Argument in Favor of the Bond Measure given above, with the Registrar within the time limits established for such arguments by the Registrar.

Section 11. Retention of Consultants. The District hereby confirms the hiring of consultants to provide for special services in connection with the proposed issue(s) of Bonds which may be authorized at the Election, to wit, (i) the law firm of Dannis Woliver Kelley as Bond Counsel to the District ("Bond Counsel") and (ii) the financial advisory firm of Fieldman Rolapp & Associates, as Financial Advisor to the District (the "Financial Advisor"), upon conditions as may be set forth in the respective fee agreements heretofore negotiated and executed on behalf of the District by the Superintendent.

Section 12. Reimbursement of Qualified Project Expenditures. The Board presently intends and reasonably expects to have tax-exempt obligations (the "Obligations") issued on its behalf within 18 months of the date of the expenditure of moneys on the Projects outlined in the foregoing Project List or the date upon which a Project is placed in service or abandoned, whichever is later (but in no event more than 3 years after the date the original expenditure of such moneys is paid), and to allocate an amount not to exceed 10% of the proceeds thereof to the reimbursable expenditures in connection with the Project, as may be qualified under the provisions of Section 1.150-2 of the Treasury Regulations of the Internal Revenue Service (the "Reimbursable Expenditures"). All of the Reimbursable Expenditures covered by this Resolution were paid not earlier than 60 days prior to the date of this Resolution. The Board intends to allocate within 30 days after the date of issue of the Obligations the proceeds there from to reimburse the District for the Reimbursable Expenditures. With respect to the proceeds of the Obligations allocated to reimburse the District for prior expenditures, the Board hereby covenants not to employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issuer of tax-exempt obligations.

The above provision is made solely for the purpose of establishing compliance with the requirements of said Section 1.150-2 of the Treasury Regulations. This provision does not bind the \3\1District or the Board to make any expenditure, incur any indebtedness, or proceed with the financing, acquisition or construction of the Project.

Section 13. Ratification. All actions heretofore taken by the officers, or their respective designees, employees and agents of the Board and the District in connection with the financing of the 3 4 facilities on the Project List are hereby ratified and confirmed. The officers and their designees, the employees and agents of the Board and the District are hereby authorized to take any and all actions in connection with the financing of said facilities and as may be necessary and consistent with the purposes of this Resolution.

Section 14. Further Authorization. The members of this Board, the Superintendent, Deputy Superintendent, Administrative Services and the Assistant Superintendent of Facilities and Governmental Relations (each, a "District Representative") are hereby authorized and directed, individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this Resolution, including selection of the abbreviated form of the ballot measure to include on Exhibit B or modification of the Full Ballot Text, the abbreviated form of the ballot measure, and Tax Rate Statement if he or she determines such modifications are necessary and in the District's best interests. This Resolution and all of its Exhibits that are filed with the Registrar by a District Representative shall constitute the final, binding ballot measure of the District and such submitted measure shall be deemed ratified and approved by the Board.

4 5

Section 15. The foregoing resolution was considered, passed, and adopted by this Board at its regular meeting of the 16th day of July 2018.

Upon motion of Member Palacio and duly seconded, the foregoing Resolution was adopted by the following vote:

AYES: Amezcua, Rodriguez, Alvarez, Palacio

NOES: Iglesias

ABSENT

ABSTAIN:

STATE OF CALIFORNIA)
ss):
COUNTY OF Orange)

I, Valerie Amezcua, President of the Board of Education of the Santa Ana Unified School District of Orange County, California, hereby certify that the above and foregoing Resolution was duly adopted by the said Board at a regular meeting thereof held on the 16th day of July 2018 and passed by a vote of 4-1 of said Board.

s/Valerie Amezcua
Valerie Amezcua, President of the Governing Board for the
Santa Ana Unified School District, State of California

I, Alfonso Alvarez, Clerk of the Board of Education of the Santa Ana Unified School District of Orange County, California, hereby certify that the above and foregoing Resolution was duly adopted by the said Board at a regular meeting thereof held on the 16th day of July 2018 and passed by a vote of 4-1 of said Board.

/sAlfonso Alvarez
Alfonso Alvarez, Clerk of the Board of Education of the
Santa Ana Unified School District, State of California

5

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

Measure I Notice of Election

Notice of Election

Notice is hereby given that a bond measure will be submitted to the voters of the Santa Ana Unified School District at the General Election on November 6, 2018. The passage of this measure by at least 55 percent of the registered voters voting on the measure would authorize the school district to issue up to $232 million in bonds at legal rates. The bonds would be used to update classrooms, science labs and facilities that prepare students for college and careers in math, science, technology, arts and skilled trades, improve student safety and security, repair/replace deteriorating roofs, plumbing and electrical systems and remove asbestos.

Notice is further given that the Registrar of Voters has determined that the last day and time for filing arguments for or against this bond measure is August 16, 2018, 5:00 p.m., at the Registrar of Voters' office, 1300-C South Grand Avenue, Santa Ana. No arguments shall exceed 300 words in length. No more than 5 signatures shall appear with any argument for or against the measure. For more information on measure arguments, a "Handbook for Submitting Ballot Measure Arguments" is available at the Registrar of Voters' office (714-567-7600) and on its website, ocvote.com.

Dated this 6th day of August, 2018.

Neal Kelley
Registrar of Voters
County of Orange

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

 


Copyright © 2015-2024, Richard Michael. All Rights Reserved.