With 100% of precincts counted, Measure O fails.                                        Board of Directors just wasted half a million dollars of taxpayer money on this election.                                        Criminal complaints against the district will continue to be pursued.                                        Criminal and FPPC complaints against the Astro-Turfers will continue to be pursued.                                        Your property taxes based on indebtedness will now go down, as they should.                                        

The Truth about Measure O

This is the Board resolution that was adopted without being properly noticed on its July 15, 2015 agenda.

The resolution appears, starting at PDF page 279, in the July 15, 2015 minutes. The page numbering, though messed up, is as it appears. Each line of text on this page matches each line of text in the minutes.

This annotated copy allows you to quickly view the references and language used in the measure.

Legend:

WVUSD RESOLUTION # 16-01

RESOLUTION OF THE BOARD OF TRUSTEES OF THE WALNUT
VALLEY UNIFIED SCHOOL DISTRICT ORDERING AN ELECTION AND
ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Board of Trustees ("the Board") is committed to maintaining the
quality of education in local public schools by upgrading classrooms, science labs, and
computer systems to keep pace with technology; and

WHEREAS, our local schools are among the highest performing in State and
Nation; and

WHEREAS, nonetheless, the Board has determined that local neighborhood
schools within the Walnut Valley Unified School District ("the District") need to be
upgraded, repaired, improved and better equipped to ensure that all students have
equal access to updated classrooms, labs, and modern instructional technology.

WHEREAS, the Board believes that if we want students to succeed in college
and careers, they must be skilled in the use of 21st century technologies and have a
solid background in science math, engineering and technology; and

WHEREAS, the Board believes it is a wise investment to protect the quality of
our schools, the quality of life in our community and the value of our homes; and

WHEREAS, the State of California ("the State") is unable to provide the District
with enough money for the District to adequately maintain its educational facilities; and

WHEREAS, ongoing State budget cuts threaten the quality of local schools and
the District's only remedy is securing local funding that the State cannot take away; and

WHEREAS, the District has prepared a District Master Plan and aligned it to the
District's educational goals; and

WHEREAS, the Board received information regarding the possibility of local
bond measure and its ability to significantly impact providing a 21st Century education in
science, technology, engineering, arts and math (STEAM); and

WHEREAS, such a measure will help provide funds that cannot be taken away
by the State to upgrade aging schools to keep pace with challenging technologies, protect
student safety, and add classrooms, updated labs, libraries, health science centers
other school facilities; and

REF: B-11
7-15-15
Page 3

WHEREAS, such measure will include mandatory taxpayer protections, including
and independent citizens' oversight committee and mandatory audits to ensure funds are
spent properly; and

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

WHEREAS, Proposition 46, approved by the voters of the State on June 3, 1986
("Proposition 46"), amended Section 1(b) of Article XIIIA of the California Constitution by
adding a provision that exempts from the 1% of full cash value limitation, those ad
valorem taxes used to pay for debt service on any bonded indebtedness for the
acquisition or improvement of real property approved on or after July 1, 1978, by two-
thirds of the votes cast by voters voting on the proposition; and

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

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

WHEREAS, the Board desires to make certain legal 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 enforced
strictly by the District's Citizens' Oversight Committee; and

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

REF: B-11
7-15-15
Page 4

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

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

WHEREAS, pursuant to the California Elections Code, it is appropriate for the
Board to request consolidation of the election with any and all other elections to be held
on Tuesday, November 3, 2015, and to request the Los Angeles County Registrar of
Voters to perform certain election services for the District;

NOW THEREFORE, THE BOARD OF TRUSTEES OF THE WALNUT VALLEY
UNIFIED VALLEY SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:

Section 1. That the Board, pursuant to Election Code Sections 15000 et
seq., 15264 et seq., and Government Code Section 53506, hereby requests the Los
Angeles 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 $208,000,000 (the
"Bonds") shall be issued and sold for the purpose of raising money for the projects
described in Exhibits "A" and "B" hereto. Both exhibits are directed to be printed in the
voter pamphlet.

Section 2. That the date of the election be November 3, 2015.

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

(a) the proceeds of the sale of the Bonds shall be used only for the purposes set
forth in the ballot measure and not for any other purpose, including teacher or
administrator salaries or other school operating expenses;

(b) that the Board, in establishing the projects set forth in Exhibit "B," evaluated
the safety, class size reduction, classroom, and information technology needs
of the District as well as the importance of the projects to student
achievement and high quality instructions;

REF: B-11
7-15-15
Page 5

(c) that the Board shall cause an annual, independent performance audit to be
conducted to ensure the Bond monies get spent only for the projects
identified in Exhibit "B" hereto;

(d) that the Board shall cause an annual, independent financial audit of the
proceeds from the sale of Bonds to be conducted until all of the Bond
proceeds have been expended;

(e) that the Board shall appoint a Citizens' Oversight Committee in compliance
with Education Code Section 15278 no later than 60 days after the Board
enters the election results in its minutes pursuant to Education Code Section
15274; and

(f) that the tax levy authorized to secure the Bonds of this election shall not
exceed the Proposition 39 limits per $100,000 of taxable property in the
District when assessed valuation is projected by the District to increase in
accordance with Article XIIIA of the California Constitution.

Section 4. That the authority for ordering the election contained in Education
Code 15100 et seq., 15264 et seq., and Government Code Section 53506.

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

Section 6. That the Los Angeles County Registrar of Voters and the Los
Angeles County Board of Supervisors are hereby requested to consolidate the election
ordered hereby with any and all other elections to held November 3, 2015 within
the District.

Section 7. That the Secretary of the Board is hereby directed to deliver a
certified copy of this Resolution to the Los Angeles County Registrar of Voters no later
than August 7, 2015.

Section 8. That any Bonds issued pursuant to Section 15264 et seq. of the
Education Code hereto shall have a maturity not exceeding twenty-five (25) years, and
Bonds issued pursuant to Section 53506 of the Government Code shall have a maturity
not exceeding forty (40) years. The maximum rate of interest on any Bond shall not
exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as
modified by Government Code Section 53531.

Section 9. That the Board requests the governing body of any such other
political subdivision, or any officer otherwise authorized by law, to partially or completely
consolidate such election and to further provide that the canvass of the returns of the
election be made by any body or official authorized by law to canvass such returns, and
that the Board consents to such consolidation. The Board further authorizes the
submission of a tax rate statement and primary and rebuttal arguments, as appropriate.

REF: B-11
7-15-15
Page 6

to be filed with the Los Angeles County Registrar of Voters by the established
deadlines.

Section 10. Pursuant to Section 5303 of the Education Code and Section
10002 of the Elections Code, the Board of Supervisors of Los Angeles County is
requested to permit the Registrar of Voters to render all services specified by Section
10418 of the Elections Code relating to the election, for which services the District
agrees to reimburse Los Angeles County, such services to include publication of a
Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate
statement (described in Section 9401 of the Elections Code) pursuant to the terms of
Section 5363 of the Education Code and Section 12112 of the Elections Code.

ADOPTED, SIGNED AND APPROVED this 15th day of July, 2015.

Larry Redinger, President of the Walnut
Valley Unified School District Board of Trustees

Attest:

Dr. Robert P. Taylor, Secretary the Walnut
Valley Unified School District Board of Trustees

REF: B-11
7-15-15
Page 7

STATE OF CALIFORNIA )
)ss
LOS ANGELES COUNTY )

I, Dr. Robert P. Taylor, do hereby certify that the foregoing is a true and correct
copy of Resolution No. 16-01, which was duly adopted by the Board of Trustees of the
Walnut Valley Unified School District at the meeting thereof held on the 15th day July,
2015, and that is was so adopted by the following vote:

AYES:
NOES:
ABSENT:
ABSTENTIONS:

By
Secretary, Dr. Robert P. Taylor

REF: B-11
7-15-15
Page 8

EXHIBIT A

"Walnut Valley Local School Improvement Measure. To upgrade facilities to maintain
excellent education/college readiness by providing facilities/technology for advanced
math, science, engineering, upgrading outdated classrooms, science labs, libraries,
computer systems, improving school safety/ security, and repairing, constructing/
acquiring classrooms, facilities, equipment, shall Walnut Valley Unified School District
issue $208 million in bonds at legal rates, with independent citizen oversight, no money
for administrator salaries, and all funds used for neighborhood schools in/ around
Diamond Bar and Walnut?"

Bonds -- Yes Bonds -- No

REF: B-11
7-15-15
Page 9

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 3, 2015

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

"Walnut Valley Local School Improvement Measure. To upgrade facilities to maintain
excellent education/college readiness by providing facilities/technology for advanced
math, science, engineering, upgrading outdated classrooms, science labs, libraries,
computer systems, improving school safety/ security, and repairing, constructing/
acquiring classrooms, facilities, equipment, shall Walnut Valley Unified School District
issue $208 million in bonds at legal rates, with independent citizen oversight, no money
for administrator salaries, and all funds used for neighborhood schools in/ around
Diamond Bar and Walnut?"

PROJECT LIST

The Board of Trustees of the Walnut Valley Unified School District is committed
to maintaining the quality of education in our local public schools.
To do so, the
Board is determined to provide classrooms and labs for career and technology
education classes so students are prepared for college and good paying jobs in fields
like health sciences, engineering, technology, and the skilled trades. To that end, the
Board evaluated the District's urgent and critical facility needs, including safety issues,
class size, computer and information technology and prepared a [Facility Master Plan]
which is incorporated herein in its entirety, in developing the scope of projects to be
funded. The District conducted a facilities evaluation and received extensive public
input in developing this Project List through school site meetings, community
presentations, opinion leader input, and interactive materials. Teachers, staff, students,
community members and the Board have prioritized the key health and safety needs so
that the most critical facility needs are addressed. The Board concluded that if these
needs are not addressed now, the problems will only become more pressing and
expensive to address. Therefore, in approving this Project List, the Board of
Trustees determines that the District must, in a fiscally responsible manner:


(i) provide classrooms and labs needed for career and technology
education classes so students are prepared for college and good
paying jobs in fields like health sciences, engineering, technology
and the skilled trades; and

(ii) improve student safety and school security systems, including
security lighting, security cameras, emergency communication
systems, smoke detectors, fire alarms and sprinklers; and

REF: B-11
7-15-15
Page 8

(iii) make funding available to protect the quality of instruction and
advanced courses in math, science, engineering, technology and the
arts; and

(iv) retrofit older buildings so they are earthquake safe; and

(v) adhere to specific FISCAL ACCOUNTABILITY safeguards such as:

(a) All money raised must stay in the District and the State must
be prohibited from taking any funds raised,

(b) All expenditures must be subject to annual independent
financial audits, and

(c) An independent citizens' oversight committee must be
appointed to ensure that all funds are spent only as
authorized.

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

Renovation, Repair and Upgrade Projects

Goal and Purpose: Since providing classrooms and labs for career and
technology education classes so students are prepared for college and good
paying jobs in fields like health sciences, engineering, technology and the skilled
trades is critical, local schools will benefit from projects including:

o Repair or replace old, worn-out roofs, floors, plumbing, and electrical systems.

o Upgrade aging heating, air conditioning and lighting systems.

o Upgrade classrooms, science labs and libraries to keep pace with 21st Century
instructional technology.

o Repair and modernize old schools, outdated classrooms and school buildings.

o Add electrical service capacity to relieve overloaded electrical systems so that it
can handle modern instructional technology.

o Provide improved, up-to-date technology infrastructure.

o Add classrooms, labs, health science/ kinesiology buildings and school facilities.

REF: B-11
7-15-15
Page 9

Safety and Security Projects

Goal and Purpose: Since good, safe and up-to-date schools are a wise
investment to (i) help protect and improve local property values, (ii) protect the
quality of life in our community, (iii) maintain the quality of education, and (iv)
provide advanced courses in core subjects like math, science, engineering and
technology, schools and school sites will benefit from a variety of safety and
security projects, such as:

Student Safety

o Upgrade fire alarm systems to automatic systems, repair fire safety equipment,
add sprinklers and fire safety doors to make students safe in the event of an
emergency.

o Upgrade and install new security systems, such as security lighting, fencing,
smoke detectors, and fire alarms.

o Replace aging, outdated portables with permanent classrooms that meet 21st
century health, safety and academic standards.

o Upgrade emergency communication systems to improve student safety.

o Remove hazardous materials like asbestos and lead paint from older school
sites.

Instructional Technology and Wiring Projects
To Provide a 21st Century Education

Goal and Purpose: To ensure that all teachers are adequately trained in the use
of modern instructional technologies by upgrading classroom technology to
allow our students to be prepared for college or to compete in today's job market
for good paying jobs with skills and a strong background in science, math,
engineering and technology:

o Upgrade instructional technology in the classroom for improved student learning.

o Provide and maintain up-to-date technology, data and communication
equipment.

o Upgrade and expand wireless systems, telecommunications, Internet and
network connections, upgrade electrical wiring.

o Upgrade and replace computers, hardware and infrastructure systems,
classroom and library technology and teaching equipment to enhance instruction.

***

REF: B-11
7-15-15
Page 10

 

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/ construction management, staff training expenses and a customary
contingency, and escalation for unforeseen design and construction costs. In addition
to the listed projects stated above, the Project List also includes payment of the
costs of preparation of all facility planning, facility assessment reviews, environmental
studies, construction documentation, inspection and permit fees, and temporary housing
of dislocated District activities caused by bond projects. The upgrading of technology
infrastructure includes, but is not limited to, servers, switches, routers, modules, smart
boards, sound projection systems, wireless networks, portable interface devices,
printers, upgrade voice-over-IP, phone systems, call manager and network
security/firewall, and other miscellaneous equipment. The District may establish a
classroom technology fund to keep our technology up-to-date and ensure local schools
keep pace with advancing technology. The repair of school facilities includes the
upgrading/replacing school site parking, campus accessibility, utilities, and grounds,
playground equipment, hard court surfaces, shade structures for student assembly and
protecting students from inclement weather during lunch, libraries, District support
facilities, multi-purpose rooms, cafeterias; enhance signage; install fire sensors;
construct/ upgrade athletic facilities, gyms, and play fields including turf; upgrade
electrical wiring; construct labs, music and staff support rooms and restrooms; renovate
and paint interior and exterior building surfaces to extend their useful life; improve
security, install safety and communication systems and equipment; renovate
classrooms, including music/art classrooms and facilities; upgrade window and floor
coverings (including tiles and carpeting); acquire kitchen equipment, upgrade irrigation
systems; make improvements and acquire furnishings and/or other electronic
equipment and systems; install solar and water recycling and energy
efficiency/management systems. The Project List also includes the refinancing of any
outstanding lease obligations, or the bridge loans taken to initiate voter approved
projects. The allocation of bond proceeds may be affected by the District's receipt of
State matching funds and the final costs of each project. The budget for each project is
an estimate and may be affected by factors beyond the District's control. Some projects
throughout the district, 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 are finalized,
construction bids 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 enhanced and operationally efficient campuses.
Necessary site acquisition, preparation/restoration and landscaping, 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, redirecting fire access, and acquiring any
necessary easements, licenses, or rights of way to the property.

REF: B-11
7-15-15
Page 11

Bond proceeds shall be expended only for the 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 and incidental to the bond projects.
The District shall create an account into which proceeds of the bonds shall be deposited
and comply with reporting requirements of Government Code 53410.

FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE
SECTION 15272, THE BOARD OF EDUCATION WILL APPOINT A CITIZEN'S
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 bonds authorized by
this proposition shall be used only for acquisition, construction, reconstruction,
rehabilitation, or replacement of school facilities, including the furnishing and equipping
of school facilities, and not any other purpose, including teacher and school
administrator salaries and other operating expenses.

REF: B-11
7-15-15
Page 12

References

California Constitution:

ARTICLE 13A [TAX LIMITATION]

SECTION 1.

  • (a) The maximum amount of any ad valorem tax on real property shall not exceed One percent (1%) of the full cash value of such property. The one percent (1%) tax to be collected by the counties and apportioned according to law to the districts within the counties.
  • (b) The limitation provided for in subdivision (a) shall not apply to ad valorem taxes or special assessments to pay the interest and redemption charges on any of the following:
  • (1) Indebtedness approved by the voters prior to July 1, 1978.
  • (2) Bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by the voters voting on the proposition.
  • (3) Bonded indebtedness incurred by a school district, community college district, or county office of education 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, approved by 55 percent of the voters of the district or county, as appropriate, voting on the proposition on or after the effective date of the measure adding this paragraph. This paragraph shall apply only if the proposition approved by the voters and resulting in the bonded indebtedness includes all of the following accountability requirements:
  • (A) A requirement that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIII A, Section 1(b) (3), and not for any other purpose, including teacher and administrator salaries and other school operating expenses.
  • (B) A list of the specific school facilities projects to be funded and certification that the school district board, community college board, or county office of education has evaluated safety, class size reduction, and information technology needs in developing that list.
  • (C) A requirement that the school district board, community college board, or county office of education conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed.
  • (D) A requirement that the school district board, community college board, or county office of education conduct an annual, independent financial audit of the proceeds from the sale of the bonds until all of those proceeds have been expended for the school facilities projects.
  • (c) Notwithstanding any other provisions of law or of this Constitution, school districts, community college districts, and county offices of education may levy a 55 percent vote ad valorem tax pursuant to subdivision (b).
  • ARTICLE 16 PUBLIC FINANCE

    SEC. 18.

  • (a) No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters of the public entity voting at an election to be held for that purpose, except that with respect to any such public entity which is authorized to incur indebtedness for public school purposes, any proposition for the incurrence of indebtedness in the form of general obligation bonds for the purpose of repairing, reconstructing or replacing public school buildings determined, in the manner prescribed by law, to be structurally unsafe for school use, shall be adopted upon the approval of a majority of the voters of the public entity voting on the proposition at such election; nor unless before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and to provide for a sinking fund for the payment of the principal thereof, on or before maturity, which shall not exceed forty years from the time of contracting the indebtedness.
  • (b) Notwithstanding subdivision (a), on or after the effective date of the measure adding this subdivision, in the case of any school district, community college district, or county office of education, any proposition for the incurrence of indebtedness in the form of 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, shall be adopted upon the approval of 55 percent of the voters of the district or county, as appropriate, voting on the proposition at an election. This subdivision shall apply only to a proposition for the incurrence of indebtedness in the form of general obligation bonds for the purposes specified in this subdivision if the proposition meets all of the accountability requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII A.
  • (c) When two or more propositions for incurring any indebtedness or liability are submitted at the same election, the votes cast for and against each proposition shall be counted separately, and when two-thirds or a majority or 55 percent of the voters, as the case may be, voting on any one of those propositions, vote in favor thereof, the proposition shall be deemed adopted.
  • Education Code Sections:

    CHAPTER 1.5.  STRICT ACCOUNTABILITY IN LOCAL SCHOOL
                        CONSTRUCTION BONDS ACT OF 2000
           Article 1.  General Provisions ............................. 15264-15276
           Article 2.  Citizens' Oversight Committee .................. 15278-15282
           Article 3.  Bond Accountability ............................ 15284-15288
    

    EDUCATION CODE SECTION 15264-15276

    15264. It is the intent of the Legislature that all of the following are realized:

  • (a) Vigorous efforts are undertaken to ensure that the expenditure of bond measures, including those authorized pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, are in strict conformity with the law.
  • (b) Taxpayers directly participate in the oversight of bond expenditures.
  • (c) The members of the oversight committees appointed pursuant to this chapter promptly alert the public to any waste or improper expenditure of school construction bond money.
  • (d) That unauthorized expenditures of school construction bond revenues are vigorously investigated, prosecuted, and that the courts act swiftly to restrain any improper expenditures.
  • 15266.

  • (a) As an alternative to authorizing and issuing bonds pursuant to Chapter 1 (commencing with Section 15100) or Chapter 2 (commencing with Section 15300), the governing board of a school district, community college district, or a school facilities improvement district may decide, pursuant to a two-thirds vote and subject to Section 15100 to pursue the authorization and issuance of bonds pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution. An election may only be ordered on the question of whether bonds of a school district, community college district, or a school facilities improvement district shall be issued and sold pursuant to subdivision (b) of Section 18 of Article XVI of the California Constitution at a primary or general election, a regularly scheduled local election at which all of the electors of the school district, community college district, or school facilities improvement district, as appropriate, are entitled to vote, or a statewide special election.
  • (b) Upon adopting a resolution to incur bonded indebtedness pursuant to subdivision (b) of Section 18 of Article XVI of the California Constitution and after the question has been submitted to the voters, if approved at the election, the bonds shall be issued pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and this chapter, and the governing board may not, regardless of the number of votes cast in favor of the bond, subsequently proceed exclusively under Chapter 1 (commencing with Section 15100) or under Chapter 2 (commencing with Section 15300), as appropriate. Where not inconsistent, the provisions of Chapter 1 (commencing with Section 15100) or Chapter 2 (commencing with Section 15300), as appropriate, shall apply to this chapter.
  • 15268. The total amount of bonds issued, including bonds issued pursuant to Chapter 1 (commencing with Section 15100), shall not exceed 1.25 percent of the taxable property of the district as shown by the last equalized assessment of the county or counties in which the district is located. The bonds may only be issued if the tax rate levied to meet the requirements of Section 18 of Article XVI of the California Constitution in the case of indebtedness incurred by a school district pursuant to this chapter, at a single election, would not exceed thirty dollars ($30) per year per one hundred thousand dollars ($100,000) of taxable property when assessed valuation is projected by the district to increase in accordance with Article XIII A of the California Constitution. For purposes of this section, the taxable property of a district for any fiscal year shall be calculated to include, but not be limited to, the assessed value of all unitary and operating nonunitary property of the district, which shall be derived by dividing the gross assessed value of the unitary and operating nonunitary property within the district for the 1987-88 fiscal year by the gross assessed value of all unitary and operating nonunitary property within the county in which the district is located for the 1987-88 fiscal year, and multiplying that result by the gross assessed value of all unitary and operating nonunitary property of the county on the last equalized assessment roll.

    15270.

  • (a) Notwithstanding Sections 15102 and 15268, any unified school district may issue bonds pursuant to this article that, in aggregation with bonds issued pursuant to Chapter 1 (commencing with Section 15100), may not exceed 2.5 percent of the taxable property of the district as shown by the last equalized assessment of the county or counties in which the district is located. The bonds may only be issued if the tax rate levied to meet the requirements of Section 18 of Article XVI of the California Constitution in the case of indebtedness incurred pursuant to this chapter at a single election, by a unified school district, would not exceed sixty dollars ($60) per year per one hundred thousand dollars ($100,000) of taxable property when assessed valuation is projected by the district to increase in accordance with Article XIII A of the California Constitution.
  • (b) Notwithstanding Sections 15102 and 15268, any community college district may issue bonds pursuant to this article that, in aggregation with bonds issued pursuant to Chapter 1 (commencing with Section 15100), may not exceed 2.5 percent of the taxable property of the district as shown by the last equalized assessment of the county or counties in which the district is located. The bonds may only be issued if the tax rate levied to meet the requirements of Section 18 of Article XVI of the California Constitution in the case of indebtedness incurred pursuant to this chapter at a single election, by a community college district, would not exceed twenty-five dollars ($25) per year per one hundred thousand dollars ($100,000) of taxable property when assessed valuation is projected by the district to increase in accordance with Article XIII A of the California Constitution.
  • (c) In computing the outstanding bonded indebtedness of any unified school district or community college district for all purposes of this section, any outstanding bonds shall be deemed to have been issued for elementary school purposes, high school purposes, and community college purposes, respectively, in the respective amounts that the proceeds of the sale of those outstanding bonds, excluding any premium and accrued interest received on that sale, were or have been allocated by the governing board of the unified school district or community college district to each of those purposes respectively.
  • (d) For purposes of this section, the taxable property of a district for any fiscal year shall be calculated to include, but not be limited to, the assessed value of all unitary and operating nonunitary property of the district, which shall be derived by dividing the gross assessed value of the unitary and operating nonunitary property within the district for the 1987-88 fiscal year by the gross assessed value of all unitary and operating nonunitary property within the county in which the district is located for the 1987-88 fiscal year, and multiplying the result by the gross assessed value of all unitary and operating nonunitary property of the county on the last equalized assessment roll. In the event of the unification of two or more school districts subsequent to the 1987-88 fiscal year, the assessed value of all unitary and operating nonunitary property of the unified district shall be deemed to be the total of the assessed value of the taxable property of each of the unifying districts as that assessed value would be determined under Section 15268.
  • (e) For the purposes of this article, "general obligation bonds," as that term is used in Section 18 of Article XVI of the California Constitution, means bonds of a school district or community college district the repayment of which is provided for by this chapter and Chapter 1 (commencing with Section 15100) of Part 10, and includes bonds of a school facilities improvement district the repayment of which is provided for by this chapter and Chapter 2 (commencing with Section 15300).
  • 15271. The governing board of a school district or community college district may proceed pursuant to this chapter on behalf of a school facilities improvement district that is created by and under the exclusive authority of the school district or community college district and act on behalf of the school facilities district as provided pursuant to Chapter 2 (commencing with Section 15300).

    15272. In addition to the ballot requirements of Section 15122 and the ballot provisions of this code applicable to governing board member elections, for bond measures pursuant to this chapter, the ballot shall also be printed with a statement that the board will appoint a citizens' oversight committee and conduct annual independent audits to assure that funds are spent only on school and classroom improvements and for no other purposes.

    15274. If it appears from the certificate of election results that 55 percent of the votes cast on the proposition of issuing bonds pursuant to subdivision (b) of Section 18 of Article XVI of the California Constitution are in favor of issuing bonds, the governing board shall cause an entry of that fact to be made upon its minutes. The governing board shall then certify to the board of supervisors of the county whose superintendent of schools has jurisdiction over the district, all proceedings had in the premises. The county superintendent of schools shall send a copy of the certificate of election results to the board of supervisors of the county.

    15276. Notwithstanding any other provision of law, a county board of education may not order an election to determine whether bonds may be issued under this article to raise funds for a county office of education.

    EDUCATION CODE SECTION 15278-15282

    15278.

  • (a) If a bond measure authorized pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution is approved, the governing board of the school district or community college shall establish and appoint members to an independent citizens' oversight committee, pursuant to Section 15282, within 60 days of the date that the governing board enters the election results on its minutes pursuant to Section 15274.
  • (b) The purpose of the citizens' oversight committee shall be to inform the public concerning the expenditure of bond revenues. The citizens' oversight committee shall actively review and report on the proper expenditure of taxpayers' money for school construction. The citizens' oversight committee shall advise the public as to whether a school district or community college district is in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution. The citizens' oversight committee shall convene to provide oversight for, but not be limited to, both of the following:
  • (1) Ensuring that bond revenues are expended only for the purposes described in paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
  • (2) Ensuring that, as prohibited by subparagraph (A) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, no funds are used for any teacher or administrative salaries or other school operating expenses.
  • (c) In furtherance of its purpose, the citizens' oversight committee may engage in any of the following activities:
  • (1) Receiving and reviewing copies of the annual, independent performance audit required by subparagraph (C) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
  • (2) Receiving and reviewing copies of the annual, independent financial audit required by subparagraph (C) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
  • (3) Inspecting school facilities and grounds to ensure that bond revenues are expended in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
  • (4) Receiving and reviewing copies of any deferred maintenance proposals or plans developed by a school district or community college district, including any reports required by Section 17584.1.
  • (5) Reviewing efforts by the school district or community college district to maximize bond revenues by implementing cost-saving measures, including, but not limited to, all of the following:
  • (A) Mechanisms designed to reduce the costs of professional fees.
  • (B) Mechanisms designed to reduce the costs of site preparation.
  • (C) Recommendations regarding the joint use of core facilities.
  • (D) Mechanisms designed to reduce costs by incorporating efficiencies in schoolsite design.
  • (E) Recommendations regarding the use of cost-effective and efficient reusable facility plans.
  • 15280.

  • (a)
  • (1) The governing board of the district shall, without expending bond funds, provide the citizens' oversight committee with any necessary technical assistance and shall provide administrative assistance in furtherance of its purpose and sufficient resources to publicize the conclusions of the citizens' oversight committee.
  • (2) The governing board of the district shall provide the citizens' oversight committee with responses to any and all findings, recommendations, and concerns addressed in the annual, independent financial and performance audits required by subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution within three months of receiving the audits.
  • (b) All citizens' oversight committee proceedings shall be open to the public and notice to the public shall be provided in the same manner as the proceedings of the governing board of the district. The citizens' oversight committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year. Minutes of the proceedings of the citizens' oversight committee and all documents received and reports issued shall be a matter of public record and be made available on an Internet Web site maintained by the governing board of the district.
  • 15282.

  • (a) The citizens' oversight committee shall consist of at least seven members who shall serve for a minimum term of two years without compensation and for no more than three consecutive terms. While consisting of a minimum of at least seven members, the citizens' oversight committee shall be comprised, as follows:
  • (1) One member shall be active in a business organization representing the business community located within the school district or community college district.
  • (2) One member shall be active in a senior citizens' organization.
  • (3) One member shall be active in a bona fide taxpayers' organization.
  • (4) For a school district, one member shall be the parent or guardian of a child enrolled in the school district. For a community college district, one member shall be a student who is both currently enrolled in the community college district and active in a community college group, such as student government. The community college student member may, at the discretion of the governing board of the community college district, serve up to six months after his or her graduation.
  • (5) For a school district, one member shall be both a parent or guardian of a child enrolled in the school district and active in a parent-teacher organization, such as the Parent Teacher Association or schoolsite council. For a community college district, one member shall be active in the support and organization of a community college or the community colleges of the district, such as a member of an advisory council or foundation.
  • (b) An employee or official of the school district or community college district shall not be appointed to the citizens' oversight committee. A vendor, contractor, or consultant of the school district or community college district shall not be appointed to the citizens' oversight committee. Members of the citizens' oversight committee shall, pursuant to Sections 35233 and 72533, abide by the prohibitions contained in Article 4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1 of the Government Code.
  • EDUCATION CODE SECTION 15284-15288

    15284.

  • (a) An action to obtain an order restraining and preventing any expenditure of funds received by a school district or community college district through the sale of bonds authorized by this chapter pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution may be maintained against any officer, agent, or other person acting on behalf of, that school district or community college district, by a citizen residing in the school or community college district who is assessed and is liable to pay an ad valorem tax on real property within the school or community college district, or who has paid an ad valorem tax on real property within the school or community college district within one year before the commencement of the action if it appears by the complaint or affidavits that any of the following conditions are present:
  • (1) An expenditure of funds received by a school district or community college district through the sale of bonds authorized by this chapter is for purposes other than those specified in paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
  • (2) The expenditure is not in compliance with paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
  • (3) That an expenditure in violation of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution will be made or will continue to be made during the litigation that would produce waste or great or irreparable injury.
  • (4) The governing board of a school district or community college has willfully failed to appoint the citizens' oversight committee in violation of the requirements of Section 15278.
  • (b) An action brought pursuant to this section shall take special precedence over all civil matters on the calendar of the court except those matters granted equal precedence by law.
  • (c) The rights, remedies, or penalties established by this section are cumulative to the rights, remedies, or penalties established under other laws, including subdivision (a) of Section 526 of Chapter 3 of Title 7 of Part 2 of the Code of Civil Procedure.
  • (d) If an order is obtained to restrain and prevent an expenditure of funds pursuant to subdivision (a), a court may award attorneys' fees pursuant to Chapter 6 (commencing with Section 1021.5) of Title 14 of Part 2 of the Code of Civil Procedure.
  • (e) The action authorized by this section shall be known as a "School Bond Waste Prevention Action."
  • 15286. Consistent with the provisions contained in subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, the required annual, independent financial and performance audits for the preceding fiscal year shall be submitted to the citizens' oversight committee established pursuant to Section 15278 at the same time they are submitted to the school district or community college district, no later than March 31 of each year. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial and performance audits.

    15288. It is the intent of the Legislature that upon receipt of allegations of waste or misuse of bond funds authorized in this chapter, appropriate law enforcement officials shall expeditiously pursue the investigation and prosecution of any violation of law associated with the expenditure of those funds.

     


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