Dublin Unified School District

Measure J Bond Measure - 55% Approval Required

ANALYSIS BY THE COUNTY COUNSEL FOR THE COUNTY OF ALAMEDA OF A
DUBLIN UNIFIED SCHOOL DISTRICT BOND MEASURE

Measure J (“Measure”), a Dublin Unified School District (“District”) bond measure, seeks voter approval to authorize the District to issue and sell bonds of up to $290,000,000 in aggregate principal amount at interest rates not to exceed the legal limits.

Pursuant to provisions of the California Constitution and the California Education Code, if 55% of those who vote on the Measure vote “yes,” the District will be authorized to issue bonds in the amount noted above. Approval of this Measure will authorize a levy on the assessed value of taxable property within the District by an amount needed to pay the principal and interest on these bonds in each year that the bonds are outstanding.

If approved, the District’s best estimates of the property tax rates required to be levied to fund the bond issue are as follows: the average annual tax rate estimate is $0.048 per $100 ($48 per $100,000) of assessed valuation, and the highest tax rate estimate is $0.050 per $100 ($50 per $100,000) of assessed valuation. The anticipated final fiscal year for collection of the tax is 2052/53, and the total debt service estimate to repay all of the bonds (including principal and interest) is $547.20 million.

California Education Code Section 15100 restricts the use of the proceeds from the bond sale to items such as building school buildings, improving school grounds, supplying school buildings and grounds with equipment, and the acquisition of real property for school facilities. In addition, proceeds may only be used for the projects listed in the Measure and not for any other purpose, such as teacher and administrator salaries.

This Measure, printed in full in this sample ballot, provides that its proceeds will fund two categories of projects: (1) Top Priority Projects, such as (among others) constructing and equipping a new high school and a new middle school; and (2) Additional Projects, such as (among others) repairing and replacing District-wide roofs and HVAC systems. The District will apply funds to the Top Priority Projects before applying them to the Additional Projects. Additional Projects will receive funds when the Top Priority Projects have received sufficient funding for completion.

Certain accountability measures apply, such as establishing an account to deposit the proceeds from the sale of the bonds. To ensure that the proceeds are spent only for the projects listed in the Measure, it provides for an Independent Citizens’ Oversight Committee, an annual independent performance audit, and an annual independent financial audit. Finally, the Superintendent shall file a report no later than January 1 of each year stating the amount of the bond proceeds received and expended and the status of any project funded from the proceeds.

This Measure is placed on the ballot by the governing board of the District.

DONNA R. ZIEGLER

County Counsel

The above statement is an impartial analysis of Measure J, which is printed in full in this sample ballot pamphlet. If you desire an additional copy of the Measure, please call the Elections Official's office at (510) 272-6933 and a copy will be mailed at no cost to you. You may also access the full text of the Measure on the Alameda County website at the following address: www.acvote.org.

TAX RATE STATEMENT

REGARDING PROPOSED

DUBLIN UNIFIED SCHOOL DISTRICT

GENERAL OBLIGATION BONDS

An election will be held in the Dublin Unified School District (the "District") on March 3, 2020, to authorize the sale of up to $290 million in bonds of the District to finance school facilities as described in the measure. If such bonds are authorized and sold, 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 9400-9404 of the Elections Code of the State of California. Such information is based upon the best estimates and projections presently available from official sources, upon experience within the District, and other demonstrable factors.

Based upon the foregoing and projections of the District's assessed valuation, the following information is provided:

1.   The best estimate of the average annual tax rate which 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 $0.048 per $100 of assessed valuation (or $48.00 per $100,000 of assessed value). The final fiscal year in which the tax is anticipated to be collected is 2052-53.

2.   The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on a projection of assessed valuations available at the time of filing of this statement, is $0.050 per $100 of assessed valuation (or $50.00 per $100,000 of assessed value). It is estimated that the year in which the highest tax rate would apply commences in fiscal year 2021-22.

3.   The best estimate 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 $547.20 million.

Voters should note the estimated tax rate is based on the assessed value (not market value) of taxable property on the County's official tax rolls. 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 amounts are not maximum amounts and are not binding upon the District. The actual debt service, tax rates and the years in which they will apply may vary from those used to provide the estimates set forth above, due to factors such as variations in the timing of bond sales, the par amount of bonds sold and market interest rates available at the time of each sale, actual assessed valuations overthe term of the bonds, and other factors. The date and amount of bonds sold at any given time will be determined by the District based on the need for project funds and other considerations. The actual interest rates at which the bonds will be sold will depend on conditions in the bond market at the time of sale. Actual future assessed valuations 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.

By: Dave Marken 

     Superintendent Dublin Unified School District                        

The following is the abbreviated form of the bond measure:

"To improve the quality of education with funding that cannot be taken by the State, shall Dublin Unified School District update/modernize older schools, complete the second comprehensive high school and construct a middle school to relieve overcrowding, by adopting a measure authorizing $290,000,000 in bonds at legal interest rates, averaging $18,300,000 raised annually, with rates averaging $50 per $100,000 of assessed valuation while bonds are outstanding, with annual audits, citizens oversight, and all funds benefitting Dublin schools?"

BOND AUTHORIZATION

By approval of this measure by at least 55 percent of the registered voters voting on the measure, the Dublin Unified School District will be authorized to issue and sell bonds of up to $290,000,000 in aggregate principal amount at interest rates not to exceed legal limits and to provide financing for the specific types of school facilities projects listed in the Bond Project List described below, subject to all the accountability requirements specified below.

ACCOUNTABILITY REQUIREMENTS

The provisions in this section are specifically included in this measure in order that the voters and taxpayers in the District may be assured that their money will be spent wisely. Expenditures to address specific facilities needs of the District will be 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 Act of 2000 (codified at Education Code Sections 15264 and following.)

Evaluation of Needs. The School Board has identified detailed facilities needs of the District and has determined which projects to finance from a local bond. The School Board hereby certifies that it has evaluated safety, class size reduction, enrollment growth, and information technology needs in developing the Bond Project List shown below.

Independent Citizens' Oversight Committee. Following approval of this measure, the Board of Trustees will establish an Independent Citizens' Oversight Committee, under Education Code Sections 15278 and following, to ensure bond proceeds are expended only on the types of school facilities projects listed below. The committee will be established within 60 days of the date when the results of the election appear in the minutes of the School Board.

Performance Audits. The School Board will conduct annual, independent performance audits to ensure that the bond proceeds have been expended only on the school facilities projects listed below.

Financial Audits. The School Board will conduct annual, independent financial audits of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed below.

Government Code Accountability Requirements. As required by Section 53410 of the Government Code, (1) the specific purpose of the bonds is set forth in this Full Text of the Measure, (2) the proceeds from the sale of the bonds will be used only for the purposes specified in this measure, and not for any other purpose, (3) the proceeds of the bonds, when and if issued, will be deposited into a building fund to be held by the Alameda County Treasurer, as required by the California Education Code, and (4) the Superintendent of the District shall cause an annual report to be filed with the Board of Trustees of the District not later than January 1 of each year, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in this measure, as required by Sections 53410 and 53411 of the Government Code.

NO TEACHER OR ADMINISTRATOR SALARIES

Proceeds from the sale of bonds authorized by this measure shall be used only for the purposes specified in Article XIII A, Section 1(b)(3), those being for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, and the acquisition or lease of school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

STATE MATCHING FUNDS

The District intends to pursue State matching funds, if possible, to apply to projects identified on this list. As such, the following statement is included in this measure pursuant to the requirements of Education Code Section 15122.5: "Approval of this measure does not guarantee that the proposed project or projects that are the subject of bonds under this measure will be funded beyond the local revenues generated by this measure. The District's proposal for the project or projects described below may assume the receipt of matching state funds, which, if available, could be subject to appropriation by the Legislature or approval of a statewide bond measure."

INFORMATION ABOUT ESTIMATES AND PROJECTIONS INCLUDED IN BALLOT

Voters are informed that any estimates or projections in the bond measure or ballot materials, including relating to estimated tax rates, the duration of issued bonds and related tax levies and collections are provided as informational only. Such amounts are estimates and are not maximum amounts or limitations on the terms of the bonds, the tax rate or duration of the tax supporting repayment of issued bonds. Such estimates depend on numerous variables which are subject to variation and change over the term of the District's overall facilities and bond financing plan, including but not limited to the amount of bonds issued and outstanding at any one time, the interest rates applicable to issued bonds, market conditions at the time of sale of the bonds, when bonds mature, timing of project needs and changes in assessed valuations in the District. As such, while such estimates and approximations are provided based on information currently available to the District and its current expectations, such estimates and approximations are not limitations or restrictions beyond applicable legal requirements.

BOND PROJECT LIST

Scope of Projects. Pursuant to California Constitution Article XIIIA, Section 1(b)(3), the proceeds of bonds issued pursuant to this measure may be spent on the construction, reconstruction, rehabilitation, or replacement of school, including furnishing and equipping, and the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries or other school operating expenses. Bond projects may be undertaken at all existing and future properties of the Dublin Unified School District.

School Facility Project List. The following list of specific school facilities projects to be funded with the proceeds of bonds issued pursuant to this measure is presented in accordance with the accountability requirements applicable to bond measures presented to voters under California Constitution Article XIIIA, Section 1(b)(3) and related provisions of California law. The following projects are authorized by voters to be financed with voter-approved bond proceeds:

TOP PRIORITY PROJECTS

·         Complete the construction and equipping of the new comprehensive high school including classrooms and all related facilities for a fully comprehensive new high school campus.

·         Construct a new middle school in Dublin Crossing including classrooms and all related facilities for a fully comprehensive new middle school campus.

·         Complete the modernization, renovation and equipping of Dublin Elementary School including classrooms and all related facilities for a fully comprehensive elementary school campus.

·         Renovate and modernize Dougherty Elementary School and all related facilities for a modernized and updated elementary school campus, including improvements to cafeteria and construction of permanent classrooms.

·         District-wide technology improvements, installations and upgrades, including all related infrastructure and equipment to provide all sites with a modern technology environment, including but not limited to:

-Infrastructure such as wiring, switches, routers and wireless access infrastructure.
-Computers, devices and other modern instructional equipment.
-Hardware and software and back-up and recovery and security technologies.
-Science and laboratory modernization, including science equipment and instructional tools. 

·         District-wide safety improvements to provide safe and secure campuses, including acquiring and upgrading communications systems, lighting systems, bell systems, fire

        and life safety systems, fencing and cameras.

·         Construct and improve facilities at Cottonwood Creek School to facilitate and support its educational programs.

ADDITIONAL PROJECTS

·         Reconstruct, rebuild, expand, repair, modernize and re-open Nielsen Elementary School including classrooms and all related facilities and improvements for a fully comprehensive elementary school campus.

·         District-wide roof and HVAC improvement/repair/replacement projects, including the acquisition and installation of other energy efficiency improvements such as replacing/repairing doors, windows, flooring, roofing, insulation, and including installing solar panels.

·         Dublin High School pool/aquatic center construction project including all related facilities and improvements.

·         Provide through construction, renovation and/or modernization updated facilities at Wells Middle School and Fallon Middle School, including science labs and facilities, including furnishing and equipping.

Project Prioritization. The authorized bond projects are categorized into "Top Priority Projects" and "Additional Projects". The District Board will designate and assign bond funds to be applied to projects included in the "Top Priority Projects" category before bond funds are designated and assigned to projects on the "Additional Projects" category. Projects in the "Additional Projects" category may only be allocated bond funds when the projects in the Top Priority Projects category have been allocated sufficient funding for completion, which may take into account the allocation of funding from all available sources, including but not limited to State matching funds and developer fees, if such funding is or becomes available. Allocation of funds means that funds have been designated for/assigned to the project budget for said project type, and does not mean project construction must have been completed. The Board is vested with the authority to determine the scope of each project to be financed with bond proceeds and to determine whether sufficient funding has been allocated to a project for it to be completed. When Top Priority Projects have been allocated sufficient bond funding for completion, in the judgment of the Board, the Board may allocate bond funding to projects in the Additional Projects category. The District cannot predict all of the events which may occur between the time that the Board has determined that adequate funding has been allocated to a project and actual project completion. For example, if actual project costs for an identified project are higher than expected at the time of allocation, the Board may need to re­allocate bond funds or identify additional funding sources to said project. As such, while the District Board will undertake best efforts in good faith to undertake projects in accordance with the identified priority categories, the District may under certain circumstances have to identify additional funding sources for a project to be completed, including projects in the Top Priority Projects category, after projects on the Additional Projects category have been undertaken. Finally, voters are informed that projects within a category are not listed in an order which is intended to suggest an order of priority. Prioritization within a category is vested in and will be determined by the District Board, with the advice and recommendation of District staff.

Authorized Protects Include All Incidental Costs. Each of the bond projects described in this Bond Project List include the costs of furnishing and equipping such facilities, and all costs which are incidental but directly related to the types of projects described above. Examples of incidental project costs are: costs of design, engineering, architect and other professional services, facilities assessments, inspections, site preparation, utilities, landscaping, construction management and other planning and permitting, legal, accounting and similar costs; independent annual financial and performance audits; a customary construction contingency; demolition and disposal of existing structures; the costs of interim housing and storage during construction including relocation and construction costs incurred relating to interim facilities; rental or construction of storage facilities and other space on an interim basis for materials and other equipment and furnishings displaced during construction; costs of relocating facilities and equipment as needed in connection with the projects; interim classrooms and facilities for students, administrators, and school functions, including modular facilities; federal and state-mandated safety upgrades; addressing unforeseen conditions revealed by construction/modernization; all improvements required to comply with existing building codes and other laws, including the Americans With Disabilities Act and the Field Act; costs of the election; project construction oversight, management and administration during the duration of such projects and bond issuance costs.

Modernization and New Construction. In the event a modernization project identified on the above project list would be more economical if undertaken as new construction, such new construction is authorized by this measure. In addition, construction, renovation and/or modernization of a school campus is inclusive of all facilities and site and other improvements to result in a fully functional campus serving students and facilitating all types of educational programs including but not limited to language, arts, math, science, theater, music and physical education including sports and facilities for both school and community use. Additional examples of improvements are related parking facilities, landscaping, signage and infrastructure improvements.

Interests In Real Property. Authorized projects include the acquisition of interests in real property, including necessary rights of ways or other real property interests, required to implement a project on the project list or to provide access to District facilities.

Unforeseen Conditions. Voters are informed that unforeseen conditions may require alterations in the scope and nature of the projects identified above, and could result in some projects not being undertaken or completed. The District is unable to anticipate all unforeseen circumstances which may prevent some of the projects listed above from being undertaken or completed.

Facilities Improvement Needs. Voters are informed that approval of the District's bond measure does not guarantee that all projects and facilities improvement needs identified above will be funded or completed with funds generated by this bond measure. The District will pursue other funding sources, including State matching funds and developer fees, to contribute to its facilities projects needs.

Bonding Capacity. Issuance of each series of bonds authorized by this measure is required to conform with all applicable legal requirements. This includes issuance within applicable bonding capacity limitations, which might take into account a waiver of bonding capacity granted by the State Board of Education, if sought and granted.