Bond Resolution

 

RESOLUTION OF THE BOARD OF TRUSTEES OF THE SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT ORDERING A SCHOOL BOND ELECTION, AND AUTHORIZING NECESSARY ACTIONS IN CONNECTION THEREWITH 

WHEREAS, local neighborhood schools within the South San Francisco Unified School District (the "District") require significant upgrades to ensure the continued health and safety of, and accessibility for, every student within the District; and 

WHEREAS, older District classrooms, restrooms, and school facilities need to be modernized, upgraded, and better equipped; and 

 

WHEREAS, the majority of District schools require upgrades to security and safety systems, including security fencing, security cameras, emergency communications systems, smoke detectors, fire alarms and sprinklers; and 

 

WHEREAS, in today's 21st-century world, updated classrooms and technology improvements are essential to building a strong academic foundation and preparing students for high school, college and the competitive job market of tomorrow; and 

 

WHEREAS, the critical shortage of locally available, affordable rental housing makes it challenging to attract, hire, and retain high quality educators and employees; and 

 

WHEREAS, state funding for school improvements is limited, and it has been over 10 years since the District's last bond measure benefitting education facilities was passed by voters; and 

 

WHEREAS, the cost of making the updates and upgrades that District schools need is beyond the scope of the District's annual operating budget; and 

 

WHEREAS, the District wants to ensure that there is a clear system of fiscal accountability to the community for any school improvements that are undertaken; and 

 

WHEREAS, the Board of Trustees (the "Board") of the District, located in the County of San Mateo (the "County"), is authorized to order elections within the District and to designate the specifications thereof, pursuant to Sections 5304 and 5322 of the California Education Code; and 

 

WHEREAS, the Board is specifically authorized to order elections for the purpose of submitting to the electors the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes authorized pursuant to California Education Code Sections 15100 et seq.; and 

 

WHEREAS, pursuant to a two-thirds vote of the school district board and subject to Section 15100 of the California Education Code, under paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution, and Section 15266 of the California Education Code, school districts may seek approval of bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of the voters of the district voting on the proposition for the purposes hereinafter specified, provided certain accountability requirements are included in the proposition, including (a) that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIIIA, Section l(b)(3) of the California Constitution, and not for any other purpose, including teacher and administrator salaries and other school operating expenses, (b) a list of the specific school facilities projects to be funded and certification that the school district board has evaluated safety, class size reduction, and information technology needs in developing that list, (c) that the school district board conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed, and (d) that the school district board 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; and 

WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors, which, if approved by at least 55% of the votes cast, would permit the District to issue its bonds; and 

WHEREAS, the Board has evaluated the facilities needs of the District in order to determine which projects to finance from a local bond at this time; and 

WHEREAS, in order to address the facilities needs of the District, the Board deems it necessary and advisable to fund the specific school facilities projects listed under the heading entitled "BOND PROJECT LIST" included in the full text of the bond proposition set forth in Exhibit A attached hereto (the "Bond Project List"); and 

WHEREAS, the Board has determined that the projects listed on the Bond Project List are authorized to be financed with bonds of the District under subsection (a) of Section 15100 of the California Education Code and are for purposes specified in Article XIIIA, Section l(b)(3) of the California Constitution, and not for any other purpose, including teacher and administrator salaries and other school operating expenses; and 

WHEREAS, in accordance with paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution, and as provided in the full text of the bond proposition, the Board has evaluated safety, class size reduction and information technology needs in developing the Bond Project List; and 

WHEREAS, in accordance with paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution, and as provided in the full text of the bond proposition, annual, independent performance and financial audits shall be required as part of the bond proposition; and 

 

WHEREAS, pursuant to Section 15278 of the California Education Code, if a bond proposition is authorized in accordance with paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution, the governing board of the school district shall establish and appoint members to an independent citizens' oversight committee to ensure that (a) bond revenues are expended only for the purposes specified in Article XIIIA, Section l(b)(3) of the California Constitution, and (b) that no funds are used for any teacher or administrative salaries or other school operating expenses; and 

 

WHEREAS, in accordance with Section 15278 of the California Education Code, and as provided in the full text of the bond proposition, an independent citizens' oversight committee shall be required as part of the bond proposition; and 

 

WHEREAS, a bond election authorized pursuant to paragraph (3) of subdivision (b) of Section l of Article XIIIA of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution, must be conducted concurrent with a statewide primary election, general election or special election, or at a regularly scheduled local election at which all of the electors of the District are entitled to vote, as required by Section 15266 of the California Education Code; and 

WHEREAS, on November 8, 2022, a statewide general election is scheduled to be conducted throughout the District; and 

WHEREAS, subsection ( c) of Section 15100 of the California Education Code provides that, before the governing board of a school district may order an election pursuant to California Education Code Sections 15100 et seq., it shall obtain reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the county assessor; and 

WHEREAS, although the County Assessor does not make projections of assessed property valuations beyond the next succeeding tax year, the Board has been presented with projections of assessed property valuations of the property within the boundaries of the District in connection with developing the bond proposition that take into consideration, among other things, the long-term historical average growth rates of assessed property valuations of the property within the boundaries of the District and the Board finds those projections to be reasonable and informed; and 

WHEREAS, the Board has determined that, based upon such projections of assessed property valuation, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the maximum tax rate permitted by Section 15270 of the California Education Code; and 

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

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

WHEREAS, if any project to be funded by the bonds will require State of California matching grant funds for any phase, the sample ballot must contain a statement, in the fonn prescribed by law, advising the voters that such project is subject to the approval of State matching funds and, therefore, passage of the bond measure is not a guarantee that the project will be completed, and the Board finds that completion of all or a portion of certain of the projects listed in the Bond Project List will require State matching grant funds; 

NOW, THEREFORE, be it resolved, determined and ordered by the Board of Trustees of the South San Francisco Unified School District as follows: 

 

 

All of the above recitals are true and correct. 

 

 

Pursuant to California Education Code Sections 5304, 5322, 15100 et seq., and 15266, and paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution, a special election shall be held within the boundaries of the District on November 8, 2022, for the purpose of submitting to the registered voters of the District the bond proposition contained in Exhibit A attached hereto and incorporated herein. In accordance with paragraph (3) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution, and as provided in the full text of the bond proposition, the Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List. 
 

Section 3. Conduct of Election.

 

(a) Request to County Officers.

 

Pursuant to Section 5303 of the California Education Code, the Registrar of Voters of the County (the "Registrar of Voters") is required to, and is hereby requested to, take all steps to hold the election in accordance with law and these specifications. 

(b) Abbreviation of Proposition.

 

Pursuant to Sections 13119 and 1324 7 of the California Elections Code and Sections 5322 and 15122 of the California Education Code, the Board hereby directs the Registrar of Voters to use the following statement of the bond proposition on the ballot: 

 

 

(c) Voter Pamphlet.

 

The Registrar of Voters is hereby requested to reprint the full text of the bond proposition as set forth in Exhibit A in its entirety in the voter information pamphlet to be distributed to voters.  

 

(d) State Matching Funds.

 

The District hereby requests that the Registrar of Voters include the following statement in the sample ballot, pursuant to Section 15122.5 of the California Education Code: 

 

 

(e) Consolidation Requirement.

 

Pursuant to Section 15266(a) of the California Education Code, the election shall be consolidated with the statewide general election on November 8, 2022, and pursuant to California Education Code Section 5342 and Part 3 (commencing with Section 10400) of Division 10 of the California Elections Code, the Registrar of Voters and the Board of Supervisors of the County are hereby requested to order consolidation of the election with such other elections as may be held on the same day in the same territory or in territory that is in part the same. The District hereby acknowledges that the consolidated election will be held and conducted in the manner prescribed by Section 10418 of the California Elections Code. 

 

(f) Canvass of Results.

 

The Board of Supervisors of the County is authorized and requested to canvass the returns of the election, pursuant to Section 10411 of the California Elections Code. 

 

(g) Required Vote.

 

Pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, the bond proposition shall become effective upon the affirmative vote of at least 5 5% of the voters of the District voting on the proposition. 

 

(h) Election Costs.

 

The District shall pay all costs of the election approved by the Board of Supervisors of the County pursuant to California Education Code Section 5421. 

 

The Clerk of the Board of the District is hereby directed to cause to be filed as soon as practicable, and in any event no later than August 12, 2022 (which date is not fewer than 88 days prior to the date set for the election), one copy of this Resolution to the Registrar of Voters, including the tax information statement attached hereto as Exhibit B, containing the information required by California Elections Code Section 9400 et seq., completed and signed by the Superintendent of the District, with such technical corrections or additions as deemed necessary by the Superintendent of the District, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County. With respect to the tax information statement attached hereto as Exhibit B, the Board hereby adopts the procedures set forth in Election Code Section 9405. 

 

 

The President of the Board, or any member or members of the Board as the President shall designate, are hereby authorized, but not directed, to prepare and file with the Registrar of Voters a ballot argument in favor of the bond proposition and a rebuttal argument to the argument against the bond proposition, if any, within the time established by the Registrar of Voters, which shall be considered the official ballot argument of the Board as sponsor of the bond proposition. 

 

Section 6. Further Authorization.

 

The members of the Board, the Superintendent of the District, and all other officers of the District 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 in accordance with the terms hereof and of applicable provisions of law. 

 

Section 7. Effective Date.

 

This Resolution shall take effect upon its adoption by a two-thirds vote.

 

PASSED AND ADOPTED this day, June 23, 2022, by the following vote: 

 

AYES: 4 (Baker, Hsieh, Lujan, Murray)

 

NOES: 1 (Richardson)

 

ABSTAIN: 0

 

ABSENT: 0

 

APPROVED:

John Baker

President of the Board of Trustees of the

South San Francisco Unified School District 

 

ATTEST: 

 

Daina Lujan

Clerk of the Board of Trustees of the

South San Francisco Unified School District 

4144-2240-5688.6