Vote Yes on Alameda County Measure I1 - 2016 general Election
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  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Commentary on Measure I1

Are you sure you want vote to support this extravagant measure? It has no accountability.

This campaign was designed by Keygent LLC. We figured out just the right words to get you to you to open up your checkbook.

We'd also like to introduce you to our partners -- bond lawyers, brokers, wealthy investors, architects, management firms, construction companies, and trade unions. We all stand to make a ton of money on these bonds. Our profits come right off the top, before a penny is actually spent on improving the facilities.

We're not just doing it for the money. We like to show off our work in Architectural Digest and other places where the rich and famous congregate.

Remember, we've taken a lot of risk. We gave money to get your governing board members elected, so they'd be sure to remember us when we came around for a hand-out later.

It's just business-as-usual, here in sunny Corruptifornia.

Please don't read the fine print. That's just put in by the lawyers to make what we're going to do to for you legal.

When you see highlighting in the documents below, it to see the commentary.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure I1 Question

"To repair and upgrade aging classrooms and facilities at local schools; provide 21st-century learning technology and facilities; improve school safety and security; update science labs; improve energy and water efficiency; renovate, construct, and acquire classrooms, equipment and facilities; and construct a new elementary school, shall Pleasanton Unified School District issue $270,000,000 in bonds, at legal rates, with independent citizen oversight, annual audits, all funds used for local schools, and no money used for administrators' salaries?"

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Impartial Analysis for Measure I1

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE I1

ANALYSIS BY THE COUNTY COUNSEL OF A
PLEASANTON UNIFIED SCHOOL DISTRICT BOND MEASURE

Measure I1, a Pleasanton Unified School District ("District") bond measure, seeks voter approval to authorize the District to issue and sell bonds of up to two hundred seventy million dollars ($270,000,000) in aggregate principal amount at interest rates within the statutory maximum. The purpose of the bonds is to finance school facilities projects as specified in the measure.

Pursuant to California Constitution Section 18 of Article XVI and Section 1 of Article XIIIA and California Education Code Section 15274, this measure will become effective upon the affirmative vote of at least 55% of the qualified electors voting on this measure.

California Education Code Section 15100 restricts the use of the proceeds from the bonds 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. This measure provides that its proceeds will fund projects that include, among others: school site safety and security; renovation, repair, and upgrading of school facilities; and construction of an elementary school. Proceeds may not be used for any other purpose, such as administrator salaries.

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.

The Tax Rate Statement for this measure in this sample ballot pamphlet reflects the District's best estimates, based upon currently available data and projections, of the property tax rates required to service the bonds. The District expects to issue the bonds in multiple series. The best estimate of the tax rate required to be levied to fund the bonds during the first fiscal year after the sale of the first (FY 2017-2018) and last series (FY 2024-2025) of bonds is 4.9 cents per $100 ($49 per $100,000) of assessed valuation. This amount is also the best estimate of the highest tax rate required to be levied to fund the bonds. The best estimate of total debt service, including principal and interest, if all the bonds are issued and sold is $540,500,000.

An independent citizens' oversight committee will ensure that the bond proceeds are expended only on the projects outlined in the measure. Performance and financial audits will be conducted annually.

If 55% of those voting on this measure do not vote for approval, the measure will fail and the District will not be authorized to issue the bonds.

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 I1, 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.acgov.org/rov/.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Argument in Favor of Measure I1

Vote YES on I1 to keep Pleasanton schools among the best.

Pleasanton Unified School District's strong academic programs, excellent teachers and highachieving students make our community strong and desirable. Families move to Pleasanton for our schools, which keeps our property values high.

However, to continue providing top-quality education, Pleasanton's aging classrooms, science labs and school facilities need urgent repairs and upgrades.

Voting Yes on I1 provides the modern classrooms and labs our students need to keep up with the growing demand for science, technology, engineering, arts and math education. Measure I1 provides a dedicated source of local funding to expand science labs, computers and other learning technology so that all students are prepared for success in college and 21st century jobs. Measure I1 will also relieve student overcrowding at some of our elementary schools.

Vote YES on I1 to:

  • ? Expand classroom space to support programs in science, technology, engineering, arts and math
  • ? Make necessary , update bathrooms and address safety concerns
  • ? Replace outdated portable classrooms
  • ? Provide facilities and instructional technology needed to attract and retain the best teachers
  • ? Provide up-to-date science labs, science equipment and learning technology to prepare students for college and modern careers
  • ? Build new classrooms to prevent student overcrowding
  • ? Ensure classrooms continue to meet current safety codes
  • ? Improve energy and operational efficiency and utilize the savings to support classroom instruction

Local Control and Fiscal Accountability Requirements Keep Funds Focused on The Classroom

  • ? Annual audits and independent citizen oversight ensure all funds are spent as promised
  • ? No funds can be spent on teachers' or administrators' salaries
  • ? All funds must stay local and the State can't take a penny
  • ? Strong schools make a strong community

Please join local parents, teachers and community leaders in providing all students with 21st century classrooms and labs.

Vote Yes on I1.

Signers:

Jim Ott -
College Educator, Former Banker

Debbie Look
Former PTA Leader + Parent

Kenneth H. Mano
Retired, IT Analyst, 45 year resident

Jan Batcheller
Business Owner

Tanya Ludden
Child Advocate + Former PTA Leader

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Argument Against Measure I1

No Argument Against was submitted

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Full Text of Measure I1

5.3 Attachment A
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EXHIBIT A

FULL TEXT OF BOND PROPOSITION

PLEASANTON UNIFIED SCHOOL DISTRICT
SCHOOL AND CLASSROOM SAFETY, RENOVATION,
CONSTRUCTION AND MODERNIZATION MEASURE

This Proposition may be known and referred to as the "Pleasanton Unified School District School and Classroom Safety, Renovation, Construction and Modernization Measure" or as "Measure __". [designation to be assigned by County Registrar of Voters]

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Pleasanton Unified School District (the "District") shall be authorized to issue and sell bonds of up to $270,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed under the heading entitled "BOND PROJECT LIST" below (the "Bond Project List"), subject to all of the accountability safeguards specified below.

ACCOUNTABILITY SAFEGUARDS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the District may be assured that their money will be spent to address specific facilities needs of the District, all in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Sections 15264 and following of the California Education Code (the "Education Code")).

Evaluation of Needs. The Board of Trustees of the District (the "Board") has prepared a facilities plan and conducted an evaluation of building systems, in order to evaluate and address all of the facilities needs of the District at each campus and facility, and to determine which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.

Limitations on Use of Bonds. Proceeds from the sale of bonds authorized by this proposition shall be used only 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, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

5.3 Attachment A
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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 for the school projects listed in the Bond Project List. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board. In accordance with Section 15282 of the Education Code, the citizens' oversight committee shall consist of at least seven members and shall include a member active in a business organization representing the business community located within the District, a member active in a senior citizens' organization, a member active in a bona fide taxpayers' organization, a member that is a parent or guardian of a child enrolled in the District, and a member that is both a parent or guardian of a child enrolled in the District and active in a parent-teacher organization. No employee or official of the District and no vendor, contractor or consultant of the District shall be appointed to the citizens' oversight committee.

Annual 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 the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for performance audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.

Annual 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 the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.

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 year, commencing January 1, 2018, stating (a) the amount of bond proceeds received and expended in that year, and (b) 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 of the District shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

Other Accountability Safeguards. The District shall structure the bonds to mature in compliance with Section 147(b) of the Internal Revenue Code (or 5.3 Attachment A 7 of 14
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any successor thereto), which requires bonds to mature in a manner consistent with the useful lives of the assets financed.

FURTHER SPECIFICATIONS

Joint-Use Projects. The District may enter into agreements with other public agencies or nonprofit organizations for joint use of school facilities financed with the proceeds of the bonds in accordance with Education Code Section 17077.42 (or any successor provision). The District may seek State grant funds for eligible joint-use projects as permitted by law, and this proposition hereby specifies and acknowledges that bond funds will or may be used to fund all or a portion of the local share for any eligible joint-use projects identified in the Bond Project List or as otherwise permitted by California State regulations, as the Board shall determine.

Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100, and all the enumerated purposes shall constitute the specific single purpose of the bonds, and proceeds of the bonds shall be spent only for such purpose, pursuant to California Government Code Section 53410.

Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest shall be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature more than the statutory maximum number of years from the date borne by that bond.

BOND PROJECT LIST

The Bond Project List below lists the specific projects the District proposes to finance with proceeds of the bonds. The Bond Project List shall be considered a part of the bond proposition and shall be reproduced in any official document required to contain the full statement of the bond proposition. Listed projects will be completed as needed at a particular school or facility site according to Board-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. Any authorized repairs shall be capital expenditures. The Bond Project List does not authorize non-capital expenditures. Each project is assumed to include its share of costs of the election and bond issuance, construction-related costs, such as project and construction management, architectural, engineering, inspection and similar planning and testing costs, demolition and interim housing costs, legal, accounting and similar fees, costs related to the independent annual financial and performance audits, a contingency for unforeseen design and construction costs, and other costs incidental to and necessary for completion of the listed projects (whether the related work is performed by the District or third parties). The final cost of each project will be determined as plans are finalized, construction contracts are awarded, and projects are completed. Therefore, the Board cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Alternatively, if the District obtains unexpected 5.3 Attachment A
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funds from non-bond sources with respect to listed projects, such projects may be enhanced, supplemented or expanded to the extent of such funds. Some projects may be subject to further government approvals, including by State officials and boards and/or local environmental or agency approval. Inclusion of a project on the Bond Project List is not a guarantee that the project will be completed (regardless of whether bond funds are available).

The specific projects authorized to be financed with proceeds of the bonds under this proposition are as follows:

SCHOOL AND CLASSROOM SAFETY, RENOVATION,
CONSTRUCTION AND MODERNIZATION PROJECTS

The following projects are authorized to be financed at all school sites and school support facilities.

School Site Safety and Security Projects

  • Upgrade and/or acquire and install exterior lighting, fire detection and suppression, security alarm, video surveillance, emergency, master key and door lock, clock, bell, data, voice and audio-visual communication (including telephone and public address) systems, networks, fixtures, equipment and controls.
  • Renovate, repair, replace, upgrade, expand and/or install and improve fencing.

All or portions of these facilities may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).

21st Century Learning Environment Projects

  • Construct new science labs and related school facilities, and furnish and equip such labs and facilities.
  • Upgrade, acquire and install technology equipment, fixtures and infrastructure, including computers, tablets, mobile devices, software, interactive educational technology, digital projectors, document cameras, amplification devices, monitors, audio systems, video systems, network equipment (including servers, network interface devices, network switches and routers, firewalls, network security equipment, racking, power and cooling equipment, wiring and uninterruptible power supplies), etc.
  • Upgrade, replace, acquire and/or install media, audio/visual equipment, and other technology equipment and fixtures, including smart boards.

All or portions of these facilities may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).

School Renovation, Repair and Upgrade Projects

  • Renovate, replace, upgrade, acquire, install and/or integrate major site/building/utility systems, equipment and related infrastructure and housing, including lighting, electrical (including electrical switchgear and related infrastructure for modern technology), heating, refrigeration, cooling and ventilation, water (including hydration stations), sewer, plumbing (including new toilet systems), gas, irrigation, drainage, and energy efficiency/management monitoring systems, networks, fixtures, equipment and controls.
  • 5.3 Attachment A
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    OHSUSA:765133017.10

  • Acquire, install, upgrade and/or construct renewable energy and/or energy-saving systems, improvements and equipment, including electricity generation and distribution systems and/or water heating systems, natural light improvements, upgraded insulation and roofing, efficient lighting, windows and window coverings, shade structures, energy management and conservation systems, and other passive technologies, and structures to support such systems, improvements and equipment and related infrastructure.
  • Renovate, repair, re-configure and/or modernize portable classroom buildings or replace such buildings with permanent or modular classroom buildings.
  • Repair, renovate, replace, upgrade, acquire, and install roofing and insulation.
  • Modernize, upgrade, renovate, rehabilitate, re-configure, expand and/or upgrade classrooms, classroom buildings, labs, restrooms, common areas and school support facilities (including library, multipurpose room/auditorium, food storage, preparation and service, cafeteria and office/staff support facilities, whether permanent, portable or modular, including interior and exterior (as applicable)), doors, windows, door and window hardware, roofs, rain gutters and downspouts, walls, ceilings and floors and finishes, paint, siding, insulation, casework, cabinets, secured storage, carpets, drapes, window coverings, infrastructure, lighting, sinks, drinking fountains, fixtures, signage, fencing, landscaping, furniture and equipment.

All or portions of these facilities may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).

New Elementary School

Acquisition and construction of a new elementary school and related facilities, including:

  • Acquisition of land, rights-of-way and easements made necessary by construction of such facilities.
  • Planning, designing, and constructing the school and related facilities, including costs related to construction services, architectural design, engineering, site inspection and testing services and plan review fees.
  • Associated onsite and offsite development, demolition of existing structures, and other improvements made necessary for construction of such facilities.
  • Construction of such school and related facilities and grounds, including necessary supporting infrastructure.
  • Acquisition and installation of furnishings and equipment related to the constructed facilities.

All or portions of these facilities may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).

5.3 Attachment A
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(Retiring Existing Debt)

Acquisition of all or a portion of any school site or facility, or an interest therein, or make lease payments with respect to any school site or facility, encumbered in order to refinance capital improvements projects pursuant to the portion of the District's 2010 Refunding Certificates of Participation attributable to the Alameda-Contra Costa Schools Financing Authority Variable Rate Demand Certificates of Participation (Capital Improvement Financing Projects, Series K) executed and delivered in 2002, which financed, among other things, additional classrooms and facilities at Amador Valley High School and Foothill High School and a child care facility. and the refinancing shall not extend the maturity of the prior obligation.

Miscellaneous

All listed bond projects include the following as needed:

  • Removal of hazardous materials such as asbestos and lead paint as needed.
  • Construction and/or installation of access improvements for disabled persons, as required by state and federal law.
  • Planning, designing and providing temporary housing necessary for listed bond projects.
  • Necessary onsite and offsite preparation or restoration in connection with new construction, renovation or remodeling, or installation or removal of relocatable buildings, including demolition of structures; removing, replacing, or installing irrigation, drainage, utility lines (gas, water, sewer, electrical, data and voice, etc.), trees and landscaping; relocating fire access roads; and acquiring any necessary easements, licenses, land or rights of way made necessary by listed bond projects.
  • Address other unforeseen conditions revealed by construction, renovation or modernization (including plumbing or gas line breaks, dry rot, seismic and structural deficiencies, etc.).
  • Acquire or construct storage facilities and other space on an interim basis, as needed to accommodate construction materials, equipment, and personnel, and interim classrooms (including relocatables) for students and school functions or other storage for classroom materials displaced during construction.
  • For any project involving renovation, rehabilitation or repair of a building or the major portion of a building, the District shall be authorized to proceed with new replacement construction/re-construction instead (including any necessary demolition), if the Board of Trustees of the District determines that replacement and new construction/re-construction is more practical than renovation, rehabilitation and repair, considering the building's age, condition, expected remaining life, comparative cost and other relevant factors.
  • Furnishing and equipping of classrooms and other school facilities; furnishing and equipping shall include initial purchases, and scheduled and necessary replacements, upgrades and updating of technology.
  • All other costs and work necessary and incidental to the listed bond projects.
  • 5.3 Attachment A

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure I1 Tax Rate Statement

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EXHIBIT B

TAX RATE STATEMENT

An election will be held in the Pleasanton Unified School District (the "District") on November 8, 2016, to authorize the sale of up to $270,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to issue the Bonds in multiple series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400 through 9404 of the California Elections Code.

1. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 4.90 cents per $100 ($49 per $100,000) of assessed valuation in fiscal year 2017-2018.

2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 4.90 cents per $100 ($49 per $100,000) of assessed valuation in fiscal year 2024-2025.

3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is 4.90 cents per $100 ($49 per $100,000) of assessed valuation and is projected to remain approximately the same in each year during the term of repayment of the bonds.

4. The best estimate of the total debt service, including the principal and interest, that would be required to be repaid if all of the bonds are issued and sold is $540,500,000.

Voters should note that estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value, which could be more or less than the assessed value. 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. Certain taxpayers may also be eligible to postpone payment of taxes. Property owners should consult their own property tax bills and tax advisors to determine their property's assessed value and any applicable tax exemptions.

Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The actual tax rates and the years in which they will apply, and the actual total debt service, may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds5.3 Attachment A
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and other factors, including the legal limitations on bonds approved by a 55% affirmative vote. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation 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.

Dated: __________, 2016.

Superintendent of Schools
Pleasanton Unified School District

5.3 Attachment A
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  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure I1 Agenda Description

Agenda of June 28, 2016 (complete item)

14.6. Report and Discussion on the Draft Project List for a November 2016 Bond Measure (30 Minutes)
Speaker:
Micaela Ochoa
Rationale:

On May 21, 2016, the District held a Board workshop to discuss a potential bond measure in November 2016.  Facility and capital needs were discussed, as were potential projects that provide (1) student and staff safety and security, (2) 21st century learning environments, (3) energy and water efficiencies, (4) community engagement, and (5) modernizations, renovations, and replacement of existing facilities.  At the conclusion of that meeting, the Board requested data on the age of each district facility, and provided direction to the Administration to prepare a bond project list with options for a $60 per $100K assessed value (AV) and $45 per $100K AV bond program.    

On June 14, 2016, the Administration presented the age of each facility, and also discussed Certificates of Participation (COPs).  At the conclusion of that meeting, the Board provided direction for the Administration to include the payoff of COPs as a possible project in the bond project list.

On June 28, 2016, the Administration would like to review the January 29, 2013 Facility Master Plan (FMP) Project List prepared by LPA Architects, by category and scope level (Attachment A); a draft Project List for a November 2016 bond with information from the 2013 FMP, and based on infrastructure needs, providing 21st century learning environments, current updated construction costs, and student safety and security (Attachment B).   The list also includes the COP payoff.  The COP payoff analysis is included in Attachment C.

The amount of bond proceeds is affected by the assumed interest rates. Keygent Advisors has presented interest rate assumptions at 5.50% - 7.00%, and depending on the market and district credit ratings, the interest rate may change.  For illustration purposes, Attachment D provides the interest rates that have previously been presented, as well as a lower interest rate scenario. 




 
Quick Summary / Abstract:
The Administration recommends that the Board of Trustees receive and discuss the draft bond project list for a November 2016 Bond measure.
Comments:

Prepared by:  Micaela Ochoa, Deputy Superintendent

Reviewed by:  Jim Hansen, Interim Superintendent 

Attachments:
A. January 2013 Project List, LPA 062816
B. Draft Project List 062816
C. COP Payoff Analysis 062816
D. Interest Rate & Sensitivity Analysis 062816

Agenda of July 30, 2016 (complete item)

5.2. Report and Review of July 7, 2016 Board Approved Bond Project List (10 Minutes)
Speaker:
Micaela Ochoa
Rationale:

On June 28, 2016, the Administration presented a draft bond project list for information and discussion. The list included eight (8) bond program scenarios consisting of four (4) tax rates ($60, $55, $50 and $45 per $100,000 of AV) under two (2) different interest rate assumptions.

On July 7, 2016, the Board reviewed and discussed a project list with over $300M in bond projects (Attachment A).  Following their review and discussion, the Board approved a project list with approximately $270M in bond projects at a tax rate of $49 per $100,000 of AV (Attachment B). Attachment B highlights the changes (strike through for projects that were eliminated and italics for projects that were modified).     

On July 30, 2016, the Administration will review the bond project list the Board approved on July 7, 2016 (Attachment C).  Attachment C provides the clean version and final list of projects.  

The final Board approved project list was used to create the final recommended Resolution 2016-2017.02 (Agenda Item 5.3, July 30, 2016).  





 
Recommended Motion:



Quick Summary / Abstract:

The Administration recommends that the Board review the final bond project list (Attachment C) which was approved on July 7, 2016.  




Comments:

Prepared by: Micaela Ochoa, Deputy Superintendent

Reviewed by: Rick Rubino, Superintendent

Attachments:
A. Recommended $300M Bond Project List Presented July 7, 2016
B. Board Approved Bond Project List July 7, 2016 w/Edits
C. Final Board Approved Project List July 7, 2016
5.3. Report, Discussion and Possible Action to Approve Resolution No. 2016-2017.02 for a November 8, 2016 Bond Measure and Direct Staff to File Resolution No. 2016-2017.02 with the Alameda County Registrar of Voters by August 12, 2016 (20 Minutes)
Speaker:
Micaela Ochoa
Rationale:

On July 7, 2016, the Board of Trustees approved a bond project list totaling approximately $270M. At that same meeting, the Board of Trustees reviewed and discussed a draft Resolution for a November 8, 2016 bond measure. Based on the July 7th direction from the Board of Trustees, the Administration continued work with Bond Counsel Donald Field from Orrick, and Financial Advisor Chet Wang from Keygent Advisors, to finalize the Resolution calling for a November 8, 2016 election.  

The final version of the Resolution is included in Attachment A. The Administration recommends that the Board of Trustees approve Resolution No. 2016-2017.02 as noted in Attachment A.   

State law requires the Board of Education to order school elections. Attachment A provides a Resolution with the specification of the election order. The final board approved Resolution must contain the exact language of the bond proposition that will appear on the ballot. The ballot measure must specify the amount of bonds to be authorized, the maximum interest rate to be paid, and the purposes for which the bonds will be issued.

Resolution 2016-2017.02 reflects the updated needs as identified over the past three years, since January 2013, when the Facility Master Plan was first completed, and through July 7, 2016, when the Board of Trustees engaged in a thorough discussion regarding district-wide facility priorities. 

Since county officials conduct all elections on behalf of school districts, the order must be delivered to all concerned County officials, including the County Clerk/Registrar of Voters and the Board of Supervisors. 

Bond Counsel Donald Field from Orrick will be available to present information and answer questions related to this item.

For transparency purposes, changes made to the July 7, 2016 draft Resolution can be found in Attachment B.


 
Recommended Motion:



Quick Summary / Abstract:

The Administration recommends that the Board of Trustees approve Resolution 2016-2017.02 calling for an election on November 8, 2016, and direct the Administration to file Resolution 2016-17.02 with the Alameda County Registrar of Voters no later than August 12, 2016.  






Comments:

Prepared by: Micaela Ochoa, Deputy Superintendent Reviewed by: Rick Rubino, Superintendent

Attachments:
A. Final & Approved July 30, 2016 Resolution 2016-2017.02
A. Final Resolution 2016-2017.02
B. Comparison Draft Resolution from July 7, 2016

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Measure I1 Resolution

OHSUSA:765133017.10

RESOLUTION NO. 2016-2017.02

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

________________________________

WHEREAS, the Board of Trustees (the "Board") of the Pleasanton Unified School District (the "District"), located within the County of Alameda, California (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 (the "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 hereinafter specified, pursuant to Education Code Sections 15100 et seq.; and

WHEREAS, pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, and Section 15266 of the Education Code, school districts may seek approval of bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purposes hereinafter specified, provided certain accountability measures are included in the proposition, including performance and financial audits and oversight by an independent citizens' oversight committee to ensure that all funds are spent properly and as promised to the voters; and

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

WHEREAS, such a bond election 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 Education Code; and

WHEREAS, on November 8, 2016, a statewide general election is scheduled to be conducted throughout the District; and

WHEREAS, the Board has determined that, based upon a projection 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 Education Code; and

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WHEREAS, Section 9400 et seq. of the California Elections Code (the "Elections Code") requires that a tax rate statement be contained in all official materials, including any ballot pamphlet 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;

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

Section 1. Recitals. All of the above recitals are true and correct.

Section 2. Specifications of Election Order; Required Certification. Pursuant to Education Code Sections 5304, 5322, 15100 et seq., and 15266, a special election shall be held within the boundaries of the District on November 8, 2016, 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 Section 1 of Article XIIIA of the California Constitution, and as provided in the 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 set forth in the bond proposition.

Section 3. Conduct of Election. (a) Request to County Officers. Pursuant to Section 5303 of the 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.

  1. (b) Abbreviation of Proposition. Pursuant to Section 13247 of the Elections Codeand Section 15122 of the Education Code, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot:
  2. "To repair and upgrade aging classrooms and facilities at local schools; provide 21st-century learning technology and facilities; improve school safety and security; update science labs; improve energy and water efficiency; renovate, construct, and acquire classrooms, equipment and facilities; and construct a new elementary school, shall Pleasanton Unified School District issue $270,000,000 in bonds, at legal rates, with independent citizen oversight, annual audits, all funds used for local schools, and no money used for administrators' salaries?"

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  3. (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 pursuant to Section 13307 of the Elections Code. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the bond proposition, in no less than 10-point boldface type, a legend substantially as follows:
  4. "The above statement is an impartial analysis of Measure __. If you desire a copy of the measure, please call the Alameda County Registrar of Voters at (510) 267-8683 or the Pleasanton Unified School District at (925) 462-5500, and a copy will be mailed at no cost to you. Measure __ is also available on the Internet at http://www.pleasantonusd.net/."
  5. (d) Accountability Safeguards. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to include the following statement in the ballot in compliance with Section 15272 of the Education Code:
  6. "If Measure __ is approved, the Board of Trustees of the Pleasanton Unified School District will appoint a citizens' oversight committee and conduct annual independent audits to assure that bond funds are spent only on 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, and for no other purposes."
  7. (e) State Matching Funds. The District has determined that the projects to be funded from the proposed bonds will not require State matching funds for any phase thereof, and that Section 15122.5 of the Education Code does not apply to the bond proposition, and accordingly, the Registrar of Voters is directed not to include the disclosure otherwise required by Section 15122.5 of the Education Code.
  8. (f) Consolidation Requirement. Pursuant to Section 15266(a) of the Education Code, the election shall be consolidated with the statewide general election on November 8, 2016, and pursuant to Part 3 (commencing with Section 10400) of Division 10 of the 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 Elections Code.
  9. (g) 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 Elections Code.
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  11. (h) 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 55% of those voters voting on the proposition.
  12. (i) Election Costs. The District shall pay all costs of the election approved by the Board of Supervisors of the County pursuant to Education Code Section 5421.

Section 4. Delivery of Order of Election to County Officers. 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, 2016 (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 rate statement attached hereto as Exhibit B, containing the information required by Elections Code Section 9400 et seq., completed and signed 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.

Section 5. Ballot Arguments. 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, 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, the Deputy Superintendent of Business Services 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.

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Section 7. Effective Date. This Resolution shall take effect upon its adoption by a two-thirds vote.

PASSED AND ADOPTED this day, July 30, 2016, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT: APPROVED:

___________________________________
President of the Board of Trustees of the
Pleasanton Unified School District

Attest:

___________________________________
Clerk of the Board of Trustees of the
Pleasanton Unified School District

CLERK'S CERTIFICATE

I, Mark Miller, Vice President and Clerk of the Board of Trustees of the Pleasanton Unified School District, of the County of Alameda, California, hereby certify as follows:

The attached is a full, true and correct copy of a resolution duly adopted at a special meeting of the Board of Trustees of the District duly and regularly held at the regular meeting place thereof on July 30, 2016, and entered in the minutes thereof, of which meeting all of the members of the Board of Trustees had due notice and at which a quorum thereof was present. The resolution was adopted by the following vote:

AYES: Arkin, Grant, Hintzke, Larsen, Miller

NOES:

ABSTAIN:

ABSENT:

An agenda of the meeting was posted at least 24 hours beforehand at 4665 Bernal Avenue, Pleasanton, California, a location freely accessible to members of the public, and a brief description of the adopted resolution appeared on the agenda. A copy of the agenda is attached hereto. The 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 ______________, 2016.

Vice President/Clerk of the Board of Trustees
Pleasanton Unified School District

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