To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Brentwood Union School District - Issuance of General Obligation Bonds
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a resolution authorizing the issuance and sale of "Brentwood Union School District, General Obligation Bonds, Election of 2016, Series 2026" in an amount not to exceed $6,500,000 by the District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code.
FISCAL IMPACT:
There is no fiscal impact to the County.
BACKGROUND:
The Brentwood Union School District intends to issue new General Obligation bonds to fund capital improvements throughout the District. The District has requested that the Board of Supervisors adopt a resolution authorizing the direct issuance and sale of the bonds by the District on its own behalf as authorized by Section 15140(b) of the Education Code.
On January 14, 2026, the District adopted a resolution authorizing the sale and issuance of new bonds in an amount not to $6,500,000, which was approved by the voters as part of a bond measure (Measure B) listed on the June 7, 2016 ballot.
Specific to the proposed issuance of the new bonds authorized on the June 7, 2016 ballot, the proposed uses according to the ballot language include the following: upgrade libraries and science labs, improve school safety and security, expand access to classroom technology for students and teachers, renovate and modernize older schools in the District, build a new elementary school and replace, acquire, construct and renovate school facilities.
Since the bond measure was passed by the voters in 2016, the District has issued four (4) separate bond issuances under the authority granted by Measure B:
• December 28, 2016, pursuant to Resolution No. 2016-21 of the Board of Education of the District adopted on October 26, 2016, the District issued its “Brentwood Union School District, General Obligation Bonds, Election of 2016, Series 2016,” in an aggregate principal amount of $25,000,000;
• October 9, 2019, pursuant to Resolution No. 2019-15 of the Board of Education of the District adopted on September 11, 2019, the District issued its “Brentwood Union School District, General Obligation Bonds, Election of 2016, Series 2019,” in an aggregate principal amount of $20,000,000;
• October 20, 2022, pursuant to Resolution No. 2022-12 of the Board of Education of the District adopted on August 17, 2022, the District issued its “Brentwood Union School District, General Obligation Bonds, Election of 2016, Series 2022,” in an aggregate principal amount of $50,000,000; and
• November 6, 2024, pursuant to Resolution No. 2024-26 of the Board of Education of the District, adopted on September 11, 2024, the District issued its "Brentwood Union School District, General Obligation Bonds, Election of 2016, Series 2024," in an aggregate principal amount of $9,000,000, was issued and sold, leaving $54,000,000 aggregate principal amount authorized but unissued under the Bond Measure.
The District will be required to return to the Board of Supervisors for subsequent approvals to issue the remaining $54,000,000 in bond capacity authorized under Measure B.
CONSEQUENCE OF NEGATIVE ACTION:
Without the Contra Costa County Board of Supervisors authorization, the School District would not be able to issue the bonds.
RESOLUTION NO. ______
BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
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RESOLUTION AUTHORIZING THE BRENTWOOD UNION SCHOOL DISTRICT TO ISSUE ITS BRENTWOOD UNION SCHOOL DISTRICT (CONTRA COSTA COUNTY, CALIFORNIA), GENERAL OBLIGATION BONDS, ELECTION OF 2016, SERIES 2026, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,500,000 WITHOUT FURTHER ACTION OF THE BOARD OF SUPERVISORS OR OFFICERS OF THE COUNTY
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RESOLVED, by the Board of Supervisors of the County of Contra Costa, State of California, that:
WHEREAS, an election was duly and regularly held in the Brentwood Union School District (the “District”) on June 7, 2016, in accordance with Section 1(b)(3) of Article XIIIA of the California Constitution, for the purpose of submitting a bond measure to the qualified electors of the District, authorizing the issuance of general obligation bonds in the aggregate principal amount of $158,000,000 (the “Bonds”), and at least 55% of the votes cast were in favor of the issuance of the Bonds; and
WHEREAS, Sections 53506 et seq. of the California Government Code, including Section 53508.7 thereof, provide that a school district may issue and sell bonds on its own behalf at a private sale pursuant to Section 15140 and 15146 of the California Education Code; and
WHEREAS, Section 15140(b) of the California Education Code provides that the board of supervisors of a county may authorize a school district over which the county superintendent of schools has jurisdiction, and which has not received a qualified or negative certification in its most recent interim report, to issue and sell bonds on its own behalf without further action of the board of supervisors or officers of the county; and
WHEREAS, the Board of Education of the District, a school district under the jurisdiction of the Superintendent of Schools of the County of Contra Costa, adopted on January 14, 2026, a resolution (the “District Resolution”) providing for the issuance of its “Brentwood Union School District (Contra Costa County, California) General Obligation Bonds, Election of 2016, Series 2026,” in an aggregate principal amount not to exceed $6,500,000, in one or more series to be designated by the District (the “Series 2026 Bonds”) pursuant to Section 53506 et seq. of the California Government Code and additionally providing for the negotiated sale thereof pursuant to Sections 15140 and 15146 of the California Education Code; and
WHEREAS, by said District Resolution, the District has requested that this Board of Supervisors (the “Board”) of the County of Contra Costa (the “County”) authorize the District on its own behalf to issue and sell the Series 2026 Bonds at a negotiated sale, all pursuant to Sections 53506 et seq. of the California Government Code and Section 15140(b) of the California Education Code and subject to the terms set forth in the District Resolution, and has represented and warranted to the Board that it has not received a qualified or negative certification in its most recent interim report;
NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED as follows:
Section 1. Recitals. All of the above recitals are true and correct.
Section 2. Authorization of District Issuance and Sale. The Board hereby authorizes the issuance and private negotiated sale of the Series 2026 Bonds by the District on its own behalf, pursuant to the terms set forth in the District Resolution and as authorized by and in full compliance with all applicable laws, including but not limited to Sections 15140 and 15146 of the California Education Code, as permitted by Section 53508.7 of the California Government Code, as determined by the District’s bond counsel. This authorization shall only apply to the Series 2026 Bonds authorized to be issued by said District Resolution.
Section 3. Purpose. The purpose of this action is to permit the District to sell its Series 2026 Bonds in the manner that the District determines is in its best interests and the best interests of its taxpayers, as provided in the District Resolution.
Section 4. District Responsibilities. Pursuant to Section 15140(c) of the California Education Code, the Board of Education of the District shall transmit the District Resolution and a copy of the final debt service schedule for the Series 2026 Bonds, reflecting the principal amounts and interest rates of such Series 2026 Bonds as determined in the sale thereof, to the Treasurer-Tax Collector of the County (the “County Treasurer”) and to the County Controller (the “County Controller”), forthwith after the sale of the Series 2026 Bonds, and in any event no later than the date reasonably requested by such officers, in order to permit the County to establish tax rates and necessary funds or accounts for the Series 2026 Bonds.
Section 5. County Responsibilities. (a) The County, including the officers thereof and this Board of Supervisors, assumes no responsibility for any of the proceedings following the adoption of this Resolution which involve or result in the sale and issuance of the Series 2026 Bonds, including but not limited to, any proceedings for the sale and issuance of the Series 2026 Bonds or the validity of the Series 2026 Bonds.
(b) The County levies and collects taxes, pays principal and interest on the Series 2026 Bonds when due, and holds the bond proceeds and tax funds for the Series 2026 Bonds that have been duly issued and sold by the District, as otherwise required by law.
(c) The County, including the officers and employees thereof and this Board of Supervisors, assumes no responsibility for establishing a tax rate for any new issue of bonds in any year in which the information required by Section 4 hereof to be delivered to the County officers is delivered later than the deadline established by such officers in order to permit compliance with California Government Code Section 29100 et seq.
(d) Except as otherwise provided by this Resolution and by law, neither the County, this Board or any officers, officials or employees of the County shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby and the Series 2026 Bonds shall be payable solely from tax proceeds available therefor as set forth in this Section 5.
Section 6. Indemnification of County. The County acknowledges and relies upon the fact that the District has represented that it shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of this Resolution, or related to the proceedings for sale, award, issuance and delivery of the Series 2026 Bonds in accordance herewith and with the District Resolution and that the District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions.
Section 7. Limited Responsibility for Official Statement. Neither this Board of Supervisors nor any officer of the County has prepared or reviewed the official statement of the District describing the Series 2026 Bonds (the “Official Statement”), and this Board of Supervisors and the various officers of the County take no responsibility for the contents or distribution thereof; provided, however, that solely with respect to a section contained or to be contained therein describing the County’s investment policy, current portfolio holdings and valuation procedures, as they may relate to funds of the District held by the County Treasurer, the County Treasurer is hereby authorized and directed to prepare and review such information for inclusion in the District’s Official Statement and in a preliminary Official Statement, and to certify in writing prior to or upon the issuance of the Series 2026 Bonds that the information contained in such section does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they are made, not misleading.
Section 8. Limited Liability. Notwithstanding anything to the contrary contained herein, in the Series 2026 Bonds or in any other document mentioned herein, neither the County nor the Board shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby, and the Series 2026 Bonds shall be payable solely from tax proceeds and any other moneys of the District available therefore as set forth in the District Resolution and herein. This provision in no manner limits the obligations of the County to levy, collect and hold property taxes for the Series 2026 Bonds as required by law.
Section 9. Delivery of Resolution. The Clerk of the Board of Supervisors is hereby directed to deliver a copy of this Resolution to the Superintendent of the District.
Section 10. Effective Date: This Resolution shall take effect from and after its adoption.
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CLERK’S CERTIFICATE
I, ____________________, Deputy Clerk of the Board of Supervisors (the “Board”) of the County of Contra Costa, do hereby certify that the attached is a full, true and correct copy of a resolution and order duly adopted at a regular meeting of the Board held at the regular meeting place thereof on February 10, 2026, and entered in the minutes thereof, of which meeting all the members of the Board had due notice and at which a quorum thereof was present.
An agenda of said meeting was posted at least 72 hours before said meeting at 1025 Escobar Street, Martinez, California, a location freely accessible to members of the public, and on the County’s website at <https://www.contracosta.ca.gov/4664/Board-Meeting-Agendas-and-Videos>, and a brief description of said resolution appeared on said agenda. A copy of said agenda is attached hereto.
I further certify that I have carefully compared the attached copy with the original minutes of said meeting on file and of record in my office. 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.
WITNESS my hand this _____ day of __________, 2026.
Deputy Clerk of the Board of Supervisors
County of Contra Costa