EXHIBIT A
BALLOT MEASURE
FULL TEXT OF MEASURE
This proposition may be known and
referred to as the Fullerton Joint Union High School District Improvement Bond
of 2002 or Measure AA.
FINDINGS
The Fullerton Joint Union High School
District (the “District), which serves the communities of Fullerton, Buena
Park, La Habra, and La Habra Heights, and portions of Anaheim, La Palma,
Whittier and unincorporated Los
Angeles County, is a recognized leader in providing high quality education to
Orange and Los Angeles County high school students. Since 1994, five of the District’s six comprehensive schools were
recognized as California Distinguished Schools, and in 1995 and 2000, District
schools were recognized as National Blue Ribbon Schools of Excellence. Four of the District’s high schools provide
the rigorous academic International Baccalaureate program for students.
The achievements have been accrued by the
District as a result of the long history of visionary leadership from the Board
of Trustees of the District (the “Board”), as well as from staff members,
students, parents, and members of the District communities. During its long history, the District has
benefited from a community which supports its educational institutions by
establishing high standards for academic achievement while at the same time
providing the means required to meet and even to surpass those expectations.
All of the District school facilities are
35 to 78 years old. Fullerton Union
High School, the oldest District school, has been serving students and the
community for more than 108 years.
In order to provide our local students
with the same quality classrooms and school facilities comparable with other
high achieving Orange/Los Angeles County school districts, major repairs, upgrades,
and classroom construction are necessary to ensure these buildings will remain
functional for future generations. In
the last five years student enrollment due to resident population has grown by
1,243 students, which represents a growth of 12.5%. Forecasts based upon the current population in the component
elementary schools, new housing construction, and the State Allocation Board
filings submitted on August 8, 2001, project a need for additional classrooms
to support an additional 2,370 students who will be residents of the District
in the next five years, a growth increase of 19.25%. This actual and projected resident enrollment growth represents
the equivalent of the enrollment of two high schools.
The Board has prepared a facilities plan
and identified significant repairs, upgrades, and classroom construction needs
due to increased enrollment that are significantly more than the District is
able to fund from currently available sources or annual revenues. Currently, approximately 4.5% of the
District’s General Fund budget is annually allocated for facility repairs and
upgrades.
The District has sought, and continues to
seek, all available outside sources of funding to improve our school buildings,
including local, state, and federal grants and state bond funds. Historically, the state requires that local
school districts provide local funds as a condition of receipt of state
matching funds.
It is necessary to seek voter approval of
a bond measure in order to provide the local funding for identified school
facility repairs, modernization projects, and growth needs to address student
enrollment.
BOND AUTHORIZATION
By approval of this proposition by at
least 55 percent of the registered voters voting on the proposition, the
District shall be authorized to issue and sell bonds of up to $67,940,000 in aggregated principal at interest rates below the legal
limit, to provide finance for the specific school facilities projects listed in
the Bond Project List attached hereto as Exhibit A-1, subject to all the
accountability requirements specified below.
BOND PROJECT LIST
The Bond Project List attached to this
resolution as Exhibit A-1 shall be considered a part of the ballot proposition
and shall be reproduced in any official document required to contain the full
statement of the bond proposition.
Approval of this Bond Measure (the
"Measure") does not guarantee that the proposed project or projects
in the District that are the subject of bonds under the Measure will be funded
beyond the local revenues generated by the Measure. If state matching funds become available, they will be used for
and applied to the Bond Project List as per Exhibit A-1. The District’s proposal for the project or
projects does not assume the receipt of matching state funds, which could be
subject to appropriation by the Legislature or approval of a statewide bond
measure.
ACCOUNTABILITY REQUIREMENTS
The provisions in this section are
specifically included in this proposition in order that the voters and
taxpayers in the District may be assured that their money will be spent wisely
to address specific facilities needs of the District all in compliance with the
requirements of Article XIIIA, Section 1(b)(3), of the State Constitution and
the Strict Accountability in Local School Construction Bonds Acts of 2000
(codified at Education Code Sections 15264 and following).
Evaluation of Needs. The Board, after a
year long process involving staff members, parents, students, and community
members at each school site throughout the District, has prepared an updated
facilities plan in order to evaluate and address all of the facilities needs of
the District and determine which projects to finance from a local bond at this
time. The Board hereby certifies that
it has evaluated safety, enrollment growth, and information technology needs in
developing the Bond Project List contained in Exhibit A-1.
Independent Citizens’ Oversight Committee. The Board shall establish an Independent
Citizens’ Oversight Committee pursuant to Education Code Section 15278 and
following to ensure bond proceeds are expended only on the school facilities
projects listed in Exhibit A-1. The
committee shall be established within 60 days of the date when the results of
the election appear in the minutes of the Board.
Performance Audits. The Board shall
conduct an annual, independent performance audit to ensure that the bond
proceeds have been expended only on the school facilities projects listed in
Exhibit A-1.
Financial Audits. The Board 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
Exhibit A-1.
Special Bond Proceeds Account: Annual Report to Board. Upon approval of
this proposition and the sale of any bonds approved, the Board shall take
actions necessary 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 January 1 of each fiscal year, commencing January 1, 2003,
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 in the annual budget, audit, or another appropriate
routine report to the Board.
FURTHER SPECIFICATIONS
No Administrator Salaries.
Proceeds from the sale of bonds authorized by this proposition shall be
used only for the construction, reconstruction and/or rehabilitation of school
facilities including the furnishing and equipping of school facilities, and not
for any other purpose, including teacher and administrator salaries and other
school operating expenses.
The proceeds of
the bonds will be deposited into a Building Fund to be held by the Orange
County Treasurer, as required by the California Education Code.
EXHIBIT A-1
BOND PROJECT
LIST
New Construction
At least one new building will be constructed at
Buena Park, Fullerton Union, La Habra, Sonora, Sunny Hills, and Troy High
Schools to address overcrowding and growth needs providing approximately 12-18
new classrooms/labs at each comprehensive high school site. These projects may
include the following, dependent on the unique needs of each school site:
1. Constructing additional science labs to
allow students to meet current graduation requirements;
2. Providing additional computer labs to
enhance student learning and achievement;
3. Constructing standard classrooms to
meet growth needs;
4. Enlarging library/media center areas to
accommodate growing enrollment and increasing curriculum demands; and
5. Providing additional restrooms to
accommodate student enrollment.
Repairs and Upgrades
Necessary repairs and upgrades will be
made at all comprehensive school sites as contained in the project list below:
1. Upgrade deteriorating restrooms and
plumbing;
2.
Upgrade/replace electrical systems, add power and outlets to classrooms
and replace systems as necessary to include energy conservation;
3.
Make facility safety, code compliance and access for the disabled
upgrades;
4. Improve food services to provide more
efficient means to serve students and expand sheltered eating areas to protect
students from heat and rain;
5. Replace aging heating, ventilation, air
conditioning (HVAC); and
6. Upgrade central quad/grounds.
Resolution
2001/02 #24
RESOLUTION
OF THE BOARD OF TRUSTEES OF THE
FULLERTON
JOINT UNION HIGH SCHOOL DISTRICT
OF
THE COUNTIES OF ORANGE AND LOS ANGELES, CALIFORNIA,
ORDERING
AN ELECTION TO AUTHORIZE THE ISSUANCE OF
SCHOOL
BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION
ORDER,
AND REQUESTING CONSOLIDATION WITH OTHER
ELECTIONS
OCCURRING ON MARCH 5, 2002
October
2, 2001
WHEREAS, in the judgment of the Board of Trustees
(the “Board”) of the Fullerton Joint Union High School District (the
“District”), it is advisable to call an election to submit to the electors of
the District the question whether bonds of the District shall be issued and
sold for the purpose of raising money for the improvement of real property, and
the furnishing and equipping of school facilities; and
WHEREAS, as a result of the approval of Proposition
39 on November 7, 2000, Article XIII A, Section 1, paragraph (b), of the
California Constitution (“Article XIII A”) provides an exception to the limit
on ad valorem property taxes on real property for bonded indebtedness incurred
by a school district approved by 55 percent of the voters of the district
voting on the proposition; and
WHEREAS, the Board is specifically authorized, upon
approval by a two-thirds vote of the Board, to pursue the authorization and
issuance of bonds by a 55 percent vote of the electorate on the question
whether bonds of the District shall be issued and sold for specified purposes,
pursuant to Education Code Section 15264 et
seq. (the “Act”); 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, March 5, 2002, and to
request the Orange and Los Angeles County Registrars of Voters to perform certain
election services for the District.
NOW, THEREFORE, BE IT
RESOLVED, by the Board of Trustees of the Fullerton Joint Union High School
District the following:
Section l. Call for Election. The Board hereby orders an election and
submits to the electors of the District the question of whether general
obligation bonds of the District shall be issued and sold in the maximum
principal amount of $67,940,000 for
the purpose of raising money to finance school facilities and property of the
District, and paying costs incident thereto, as set forth more fully in the
ballot proposition approved pursuant to Section 3. This Resolution constitutes the order of the District to call
such election.
Section 2. Election Date. The date of the election shall be March 5,
2002, and the election shall be held solely within the boundaries of the
District.
Section 3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the
voters in the District to vote on a proposition, a full copy of which is
attached hereto and marked Exhibit A, containing the question of whether the
District shall issue the Bonds for the purpose stated therein, together with
the accountability requirements of Article XIII A and Government Code Section
53410
and the requirements of Section 15272 of the Act. As required by Elections Code Section 13247, the abbreviated form
of the measure to appear on the ballot is attached hereto and marked as Exhibit
B. The Superintendent or his designee
is hereby authorized and directed to make any changes to the text of the
proposition as required to conform to any requirements of Article XIII A, the
Act, or the Orange and Los Angeles County Registrars of Voters.
Section 4. Authority for Election. The authority for ordering the election is
contained in Section 15264 et. seq.
of the Education Code and Section l, paragraph (b), subsection (3), of Article
XIII A. The authority for the
specification of this election order is contained in Section 5322 of the
Education Code.
Section 5. School Facilities Projects. As required by Article XIII A, the Board
hereby certifies that it has evaluated safety, enrollment growth, and
information technology needs in developing the list of school facilities
projects set forth on Exhibit A-1.
Section 6. Covenants of the Board upon Approval of the Bonds by the
Electorate. As
required by Article XIII, Section 15278 of the Act, and Government Code Section
53410, in the event 55 percent of the voters voting in the District approve of
the Bonds, the Board shall:
1. conduct an annual, independent
performance audit to ensure that the funds have been expended only on the
projects listed in Exhibit A-1;
2. 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 listed in
Exhibit A-1;
3. establish and appoint members to an
independent citizens’ oversight committee in accordance with Sections 15278,
15280, and 15282 of the Act;
4. apply the bond proceeds only to the
specific purposes stated in the ballot proposition;
5. cause creation of accounts into which
bond proceeds shall be deposited; and
6. cause the preparation of an annual
report pursuant to Government Code Sections 53410 and 53411.
Section 7. Delivery of this Resolution. The Clerk of the Board is hereby directed to
send a copy of this Resolution to the Orange County Superintendent of Schools,
the Orange County and Los Angeles County Registrars of Voters (the “County
Registrars”) and the Orange and Los Angeles County Clerks of the Board of
Supervisors.
Section 8. Consolidation of Election. The County Registrars and the Orange and Los
Angeles County Boards of Supervisors are hereby requested to consolidate the
election ordered hereby with any and all other elections to be held on March 5,
2002, within the District.
Section 9. Ballot Arguments; Tax Rate Statement. Any and all members of this Board are hereby
authorized to act as an author of any ballot argument prepared in connection
with the election, including a rebuttal argument. The Superintendent, President of the Board, or their designees,
are hereby authorized to execute any Tax Rate Statement or other document and
to perform all acts necessary to place the bond measure on the ballot.
Section 10. Effective Date. This
resolution shall take effect on and after its adoption.
PASSED
AND ADOPTED by the Board of Trustees of the Fullerton Joint Union High School
District the second day of October, 2001.
Signed: ______________________________________________
Clerk/President/Secretary
to the Board of Trustees
Fullerton Joint Union
High School District
Counties of Orange and
Los Angeles, State of California
CLERK’S
CERTIFICATE
I, ROBERT A. SINGER, Clerk of the Board of
Trustees of the FULLERTON JOINT UNION HIGH SCHOOL DISTRICT, hereby certify that
the foregoing is a full, true, and correct copy of Resolution 2001/02 #24
adopted at a regular meeting place thereof on the 2nd day of October, 2001, of
which meeting all the members of said Board of Trustees had due notice and at
which a majority thereof were present, and that at said meeting said resolution
was adopted by the following vote:
AYES: 5
NOES: 0
ABSENT:
0
An agenda of said meeting was posted
at least 72 hours before said meeting at Fullerton, California, a location
freely accessible to members of the public, and a brief general description of
said resolution appeared on said agenda.
I further certify that I have
carefully compared the same with the original minutes of said meeting on file
and of record in my office; that the foregoing resolution is a full, true and
correct copy of the original resolution adopted at said board meeting and
entered in said minutes; and that said resolution has not been amended,
modified or rescinded since the date of its adoption, and the same is now in
full force and effect.
Dated: October
2, 2001
______________________________
ROBERT A. SINGER
Clerk
of the Board of Trustees of the
FULLERTON
JOINT UNION HIGH
SCHOOL
DISTRICT
BALLOT
MEASURE
(ABBREVIATED FORM)
Measure
AA
To
repair/upgrade and improve all Fullerton Joint Union High School District
comprehensive schools, acquire/construct additional classrooms,
science/computer labs, restrooms, libraries and school facilities to alleviate
overcrowding and accommodate enrollment growth, address building safety/health
issues including: upgrade electrical wiring and power, repair/upgrade
deteriorating restrooms/plumbing/food services and make other improvements to
school sites and buildings, shall the Fullerton Joint Union High School
District issue $67,940,000 of bonds at interest rates within the legal limits
with annual independent audits and Citizens’ Oversight Committee?