Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Commentary on Measure J
#HonestBallots Movement
Your Contra Costa County Registrar of Voters printed and circulated ballots for this measure that didn't conform to the law. The registrar ignored our Notice and Demand to follow the law. The legislature makes this a crime. (See: How 25 County Registrars Committed A Crime.)
If you want to get really steamed up about the collusion between your Registrar and Mt. Diablo Unified Schools to lie and cheat in order to steal your taxes, you can read the letter for yourself.
Do you want to give this district a Thanksgiving surprise? Please call or text me (with #HonestBalllots, Contra Costa, 0626370, and your name) at 909-378-5401 right now for details. It's urgent and very time-sensitive.
Are you sure you want vote to support this extravagant measure? It has no accountability.
This campaign was designed by a member of the school bonds cartel. 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 J Question
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APPENDIX B
ABBREVIATED FORM OF BOND MEASURE
School Safety and Classroom Improvement Measure
To improve and upgrade science, engineering, technology and vocational education classrooms; replace outdated plumbing /electrical wiring, upgrade alarm /emergency communication systems; improve student safety /campus security; and qualify for State matching funds, shall Mount Diablo Unified School District issue $150 million of bonds with an estimated levy of $15 per $100,000 of assessed valuation, averaging $15 million per year while bonds are outstanding, with legal rates, annual audits, independent oversight and local control?
BondsYes BondsNo
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Impartial Analysis for Measure J
The California Constitution provides that school districts may issue bonds 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, with the approval of 55% of the voters voting at an election for that purpose.
By resolution, the Mt. Diablo Unified School District has proposed that bonds of the District be issued in an amount up to $150,000,000. This measure provides that proceeds from the sale of the bonds will generally be used to "improve and update science, engineering, technology and vocational education classrooms; replace outdated plumbing/electrical wiring, upgrade alarm/emergency communication systems; improve student safety/campus security; and qualify for State matching funds." The specific projects are set forth in the bond project list attached to the resolution of the Board of Trustees. The measure provides that a citizens' oversight committee will be established to ensure that bond proceeds are properly expended and that annual performance and financial audits will be conducted. The measure further provides that bond proceeds will only be used for the purposes specified in the measure, and not for any other purpose.
Approval of this measure authorizes the levy of ad valorem taxes upon taxable property to repay the bonded indebtedness, both principal and interest, in each year that bonds are outstanding. The Mt. Diablo Unified School District has prepared a Tax Rate Statement, which represents the District's best estimates of the property tax rates required to service the bonds. The estimated highest annual tax rate required to be levied to fund the bonds is expected to be $27.96 per $100,000 of assessed valuation.
Approval of 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. The proposed project or projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.
A "yes" vote authorizes the issuance of the bonds and the levy of taxes as estimated in the Tax Rate Statement to repay the bonded indebtedness. A "yes" vote by 55% of the voters within the District voting on the measure is required for passage of this measure. A "no" vote on this measure disapproves the issuance of the bonds and the levy of the taxes for the bonded indebtedness.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Argument in Favor of Measure J
Vote YES on Measure J to support 21st-century education and safe classrooms for our local students.
Mt. Diablo Unified School District provides a quality education to students in Bay Point, Clayton, Concord, Pleasant Hill, Martinez, Pittsburg and Walnut Creek. Our students receive a strong academic foundation that prepares them to succeed in college and compete for future careers.
Your YES vote is critical. Measure J will provide updated labs, academic technology and career-training classrooms to keep up with the demand for science, technology, engineering and math instruction. Measure J will also make essential improvements to ensure student safety, improve fire alarm and security systems and replace outdated plumbing. Our students are counting on your YES vote.
Vote YESSafe and Up-to-Date Classrooms:
- Improve student safety and campus security
- Improve technology and science in classrooms
- Expand vocational and career technical education classrooms
- Repair leaky roofs and replace outdated plumbing and electrical wiring
- Upgrade computers and engineering classrooms
- Upgrade fire alarm and emergency communications systems
Fiscal Accountability is Required
- Every penny is locally-controlled and stays right here in our community
- No funds can be taken by the State
- Independent citizens' oversight and annual audits will ensure funds are spent as promised
- No Measure J funds can be used for salaries, benefits or pensions for administrators, teachers or other school employees
Even if you don't have school-aged children, outstanding local schools contribute to our quality of life and protect home values for us all.
Join seniors, business leaders, parents, teachers and community members in voting YES on Measure J to continue academic excellence in our local schools.
Eizo Kobayashi,
60-year Concord Community Leader and Retired Public Safety Officer
Kathy Hicks,
Former Mayor of Walnut Creek
Judy Moon,
Retired Teacher, Clayton
Marcia Lessley,
Bay Point Municipal Advisory Council Member
Matthew Rinn,
Pleasant Hill City Council Member
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Argument Against Measure J
None filed.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Full Text of Measure J
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APPENDIX A
FULL TEXT OF BOND MEASURE
BOND AUTHORIZATION
By approval of this Measure by at least 55 percent of the registered voters voting on the measure, the Mt. Diablo Unified School District will be authorized to issue and sell bonds of up to $150,000,000 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 School Board 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
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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 Contra Costa 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 School Board 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 following statement is included in this measure pursuant to 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.
ESTIMATES AND PROJECTIONS INCLUDED IN BALLOT.
This measure authorizes the issuance of general obligation bonds to finance the types of projects set forth on the Bond Project List set forth below. The measure presented to District voters on the Ballot includes information regarding the estimated rate of the approved tax and the amount of revenues expected to be raised annually to repay issued bonds through final maturity. It is expected that the proposed tax will be levied and collected for a duration equal to each year in which bonds are outstanding, which is currently estimated to be through 2038. Each of these estimates and approximations are provided as informational only and in accordance with legal requirements. Such amounts are estimates only, and are not maximum amounts or limitations on the terms of the bonds or the tax rate or duration supporting repayment of bonds. The approximations and estimates provided depend on a number of 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 have been provided based on information currently available to the District and its current expectations, such estimates and approximations are not binding upon the District.
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BOND PROJECT LIST
Scope of Projects. Bond proceeds will be expended on the expansion, modernization, renovation, acquisition, construction/reconstruction, rehabilitation, and/or replacement of school facilities of the Mt. Diablo Unified School District, including the furnishing and equipping of such school facilities, at all of the District's current educational and support sites, including future sites.
RENOVATION, MODERNIZATION, REPAIR OF
EXISTING SCHOOLS AND FACILITIES
The facilities and improvements to be financed by the bonds issued for the District include the modernization, replacement, renovation, construction, acquisition and other improvements to facilities, including furnishing and equipping, at the following locations:
Elementary Schools
Ayers Holbrook Sun Terrace Bancroft Meadow Homes Sunrise Bel Air Monte Gardens Valhalla Cambridge Mt. Diablo Valle Verde Delta View Mountain View Walnut Acres Eagle Peak Pleasant Hill Westwood El Monte Rio Vista Woodside Fair Oaks Sequoia Wren Avenue Gregory Gardens Shore Acres Ygnacio Valley Hidden Valley Silverwood Highlands Strandwood
Middle Schools
Diablo View Oak Grove Riverview El Dorado Pine Hollow Sequoia Foothill Pleasant Hill Valley View
High Schools
College Park Mt. Diablo Ygnacio Valley Concord Northgate
Alternative Schools and Adult Education
Alliance Program Horizons: Home Study Bridge Program Loma Vista Adult Center Cares After School Program Olympic High College Now Program Pleasant Hill Education Center Crossroads SCHS Prospect High Diablo Community Day Robert R. Shearer Preschool Gateway SCHS Shadelands Home and Hospital Summit SCHS Horizons: CIS
School Facility Project List. The items presented on the following list are the types of projects authorized to be financed with voter-approved bond proceeds. Specific examples included on this list are not intended to limit the broad types of projects described and authorized by this measure. The types of projects authorized are:
IMPROVING STUDENT LEARNING: Basic School Repair and Upgrade Projects
Facility Repairs: Ensuring a Safe, Modern Learning Environment
- Renovate, replace, and modernize plumbing systems including restroom facilities, water, sewer and gas systems, and outdated drinking fountains.
- Make improvements to comply with Americans with Disabilities Act (ADA) standards including improving stairs and ramps, parking, sidewalks and restrooms, and changes as-needed for classrooms, including furniture, fixtures, and equipment, to enhance accessibility.
- Upgrade electrical systems including power, lighting, communications, and low voltage systems.
- Modernize and upgrade classroom interiors including doors and door hardware, cabinetry, sinks, ceilings, walls and flooring.
- Replace and upgrade heating, ventilation, air conditioning (HVAC) and exhaust systems.
- Repair and replace roofs, gutters, roof drains and downspouts.
- Upgrade and renovate athletic facilities and playfields including courtyards, tracks, and play courts; swimming pools, pool buildings, and pool filtration and heating systems; lockers and locker room facilities; indoor and outdoor bleachers, concession stands, announcer's booths, and field storage.
- Repair and renovate school facility and classroom exteriors including storm drains, irrigation, signage, marquees, and trash and utility enclosures.
- Modernize, expand, and upgrade other student support facilities.
Classroom Repairs Preparing Students for 21st-Century Success
- Acquire and upgrade technology infrastructure.
- Provide and repair up-to-date technology, data and wireless communications equipment.
- Add, update and expand telecommunications, internet and network connections.
- Add, upgrade and replace computers, hardware and software systems.
- Add, upgrade and replace classroom instructional equipment including furniture.
- Add, upgrade and replace electrical systems to support improved technology.
- Establish programs to support regular and long term upgrades to technology systems, hardware, software and equipment.
- Build new science facilities.
- Upgrade media and audio/visual equipment.
- Improve student access to computers and modern technology by providing additional computers and upgrading electrical and technological systems.
- Expand vocational and career technical education classrooms.
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IMPROVING SCHOOL SAFETY
Safety and Security Projects
- Make health and safety improvements including removal of asbestos and other hazardous materials.
- Upgrades to fire sprinkler systems, fire suppression systems, fire alarms, intrusion alarms, camera surveillance systems, structural upgrades to improve building earthquake resistance, and safety lighting for walkways and parking areas.
- Upgrade emergency communication systems to improve student safety.
- Add or upgrade fencing and gates to increase campus safety and security and which will improve the ability of schools to monitor, supervise, and control access.
Energy Efficiency Projects
- Upgrade systems to improve energy efficiency including new energy management systems, new windows, and insulation and weather-stripping.
- Change and enhance landscaped and hardscaped areas to serve as outdoor learning spaces, including use of low water-use plants, shrubs and trees which provide an aesthetic appeal and are easier to maintain and care for; and also including areas dedicated to school or community gardens, and gardens for culinary arts programs.
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ACQUISITION AND CONSTRUCTION OF
NEW SCHOOL FACILITIES
REPLACING AND CONSTRUCTING NEW FACILITIES: New Construction Projects
Bond proceeds may also be expended to construct new classrooms, libraries, and other educational facilities, including site improvements, acquisition of furniture and equipment, and science and technology upgrades to support modern and safe 21st-century learning environments, including the following:
- Provide, expand or reconfigure and outfit classrooms and labs supporting career technology education and industry pathway programs to meet student demand.
- Construct and upgrade science and computer labs to meet current standards.
- Construct and expand additional student support facilities including kitchens, multi-purpose spaces, exterior covered walkways, exterior covered lunch structures, theaters, and gymnasiums.
- Build or reconfigure libraries/media centers to accommodate a larger student population, to include and support new media technologies, and to provide flexibility in facility usages.
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 costs include, but are not limited to: 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 and other necessary improvements required to comply with existing building codes, including the Field Act; access requirements of the Americans with Disabilities Act; costs of the election; bond issuance costs; and project administration including by District personnel during the duration of such projects, as permitted by law.
The scope and nature of any of the specific projects described above may be altered by the District as required by unforeseen conditions that may arise during the course of design and construction. In the event that a modernization or renovation project may result in A-7 higher costs than new construction, this bond measure authorizes land acquisition, relocation and construction and/or reconstruction, and all costs relating thereto, for said reasons or, alternatively, based on other considerations deemed in the best interest of the District by the School Board. In addition, this measure authorizes the acquisition of real property, including necessary rights of ways or other real property interests, required to expand District facilities, to provide access to school or other District facilities, or to provide additional school or related facilities. In addition, authorized projects include paying and/or prepaying interim or previously obtained financing for the types of projects included on the project list, such as bond anticipation notes, and includes prepayment of lease payments to acquire title to temporary school facilities and/or equipment previously financed.
Approval of the District's bond measure does not guarantee that all of the identified projects within this Bond Project List will be funded beyond what can be completed with local funds generated by the bond measure. The District plans to pursue funds from the State of California, if available, to complete certain of the identified facilities projects.
The order in which school facilities projects are listed in the foregoing Bond Project List does not suggest an order of priority. Project priorities will be determined by the School Board. The District is unable to anticipate all unforeseen circumstances which may prevent some of the projects listed above from being undertaken or completed.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Measure J Tax Rate Statement
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APPENDIX C
TAX RATE STATEMENT
REGARDING PROPOSED
$150,000,000
MT. DIABLO UNIFIED SCHOOL DISTRICT
GENERAL OBLIGATION BONDS
An election will be held in the Mt. Diablo Unified School District (the "District") on November 6, 2018, to authorize the sale of up to $150,000,000 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 1.93 cents per $100 of assessed valuation (or $19.35 per $100,000 of assessed value). The final fiscal year in which it is anticipated that the tax will be collected is 2037-2038.
- 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 2.79 cents per $100 of assessed valuation (or $27.96 per $100,000 of assessed value). It is estimated that such rate would be levied starting in fiscal year 2034-2035 and following.
- 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 $217.4 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 C-2 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 over the 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: ____
Chief Business Officer
Mt. Diablo Unified School District
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Measure J Agenda Description
Agenda of July 23, 2018 (complete item)
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Updated Bond Study Session Presentation rev 2.pdf
Updated Bond Study Session Presentation rev 2 B&W.pdf
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Improve student safety and campus security
Expand vocational and career technical education classrooms
Upgrade computers and engineering classrooms
Improve technology and science in classrooms
Upgrade fire alarm and emergency communications systems
Repair and replace aging roofs, and outdated plumbing and electrical wiring
During this Study Session, staff will give a presentation and answer questions posed by the Board.
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This local measure may:
Improve student safety and campus security
Expand vocational and career technical education classrooms
Upgrade computers and engineering classrooms
Improve technology and science in classrooms
Upgrade fire alarm and emergency communications systems
Repair and replace aging roofs, and outdated plumbing and electrical wiring
We are in the process of soliciting feedback from the community on priorities as well as completing a district wide facility plan.
A potential measure would include the following strict fiscal accountability provisions:
All funding would stay in MDUSD schools and be controlled locally
Independent citizens oversight and reports to the community would be required to ensure funds are spent as promised
Funds are not used to pay salaries, benefits or pensions for administrators, teachers or other school employees, or to pay other school operating expenses
In order to place a Proposition 39 bond measure on the ballot, the board must approve (by at least a 2/3 vote) a board resolution to call for the bond election. The board resolution incorporates complete ballot measure language, a bond project list, some required findings, a ballot measure summary, and a Tax Rate Statement. The resolution also requests the County to consolidate the election with other elections being held in the County on the election date, and to provide all required election services. The final resolution is being presented to the Board of Education for approval. A staff presentation will be provided during this meeting. Staff is recommending approval of Resolution No. 18/19-1.
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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Measure J Resolution
RESOLUTION NO. 18/19-1
RESOLUTION OF THE BOARD OF EDUCATION
OF THE MT. DIABLO UNIFIED SCHOOL DISTRICT
ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF
SCHOOL BONDS, ESTABLISHING SPECIFICATIONS OF THE
ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH
OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
WHEREAS, the Mt. Diablo Unified School District (the "District") in Contra Costa County (the "County"), State of California (the "State"), is committed to providing quality education to its students; and
WHEREAS, in 2010, voters in the District overwhelmingly approved a local school bond measure which has successfully completed the most urgent school repairs and updates, but over the past few years additional safety and modernization needs have been identified; and
WHEREAS, District schools need technology upgrades and well-equipped science labs, computer labs and learning environments to support 21st-century instruction and expand vocational and career technical education classrooms; and
WHEREAS, safe classrooms, campuses and school facilities are essential to a quality education and District schools need safety and campus security upgrades including emergency communications systems upgrades, additional security cameras, fencing, fire alarms and lighting; and
WHEREAS, the District has aging roofs that must be replaced, and outdated plumbing and fixtures and electrical wiring that need to be updated; and
WHEREAS, the Board of Trustees of the District (the "Board") has approved a plan to complete a district-wide Facility Master Plan to provide a comprehensive assessment of all school and facility and needs that the District can use to prioritize projects and apply resources accordingly; and
WHEREAS, the Board has determined that it is necessary to address the capital improvement needs of the District and its facilities, to ensure that its schools are upgraded, repaired, improved and equipped; and
WHEREAS, the State is unable to provide the District with enough money for the District to provide adequate facilities for current and future students; and
WHEREAS, a local District bond measure will help provide funds that cannot be taken away by the State to repair, renovate, and construct facilities in support of local educational efforts; and
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WHEREAS, a local District bond measure includes mandatory taxpayer protections, including an independent citizens' oversight committee and mandatory reports to the community to ensure funds are spent as promised; and
WHEREAS, on November 7, 2000, the voters of the State of California approved Proposition 39 ("Proposition 39"), which amended Articles XIIIA of the California Constitution ("Article XIIIA") to allow for the levy of ad valorem property taxes for the payment of bonded indebtedness of a school district, community college district or county office of education approved by at least 55 percent of the voters voting on such proposition; and
WHEREAS, upon the passage of Proposition 39, the Strict Accountability in Local School Construction Bond Act of 2000, being California Education Code Section 15264 and following (the "Act"), became operative; and
WHEREAS, in order to address the facilities needs of the District as described herein, in the judgment of the Board, it is advisable to call an election pursuant to the Act to submit to the electors of the District the question whether bonds of the District shall be issued and sold pursuant to the authority of Article XVI Section 18 of the California Constitution and Article XIIIA (together with the Act, the "Law") for the purposes authorized by the Law and as described in Appendix A hereto (the "Full Text of Bond Measure"); and
WHEREAS, under the Act, the election may be ordered at a primary or general election, a regularly scheduled local election at which all of the electors of the District are entitled to vote, or a statewide special election, upon a two-thirds vote of the Board; and
WHEREAS, the Board desires to call an election in the District pursuant to the Law on November 6, 2018, which is the date of the statewide general election, and pursuant to Education Code Section 15121 and Elections Code Section 10400 and following, to request consolidation with any and all other elections held in the District on such date, and to request the Contra Costa County Registrar of Voters (the "County Registrar") to perform election services for the District; and
WHEREAS, in connection with the calling of a bond election and in accordance with Education Code Section 15100 subparagraph (c), the Board has obtained reasonable and informed projections of assessed property valuations that take into consideration projections (if any) of assessed property valuations made by the County Assessor;
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE MT. DIABLO UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals; Findings. The foregoing recitals are true and correct.
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Section 2. 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 $150,000,000 for the purposes described in the ballot measure approved under Section 4 and attached hereto as Appendix A (Full Text of Bond Measure) and Appendix B (Abbreviated Text of Bond Measure), and paying all costs incident thereto. This Resolution constitutes the order of the District to call such election and shall constitute the "specifications of the election order" pursuant to Education Code Section 5322.
Section 3. Election Date. The date of the election shall be November 6, 2018, and such bond election shall be held solely within the boundaries of the District. The boundaries of the District have not changed since the District's last election.
Section 4. Purpose of Election; Ballot Measure. The purpose of the election shall be for the voters in the District to vote on a bond measure, a full copy of which is attached hereto as Appendix A and marked "Appendix A Full Text of Bond Measure" (the "Full Text of the Measure"), containing the question of whether the District shall issue general obligation bonds for the purposes stated therein, together with the accountability requirements of Article XIIIA and the requirements of Section 15272 of the Act. The Full Text of the Measure, which commences with the heading "FULL TEXT OF BOND MEASURE" and includes all of the text thereafter on Appendix A, shall be printed in the voter information pamphlet provided to voters, with such letter an/or number measure designation assigned to the measure by the County elections official inserted where appropriate. As required by Education Code Section 5322 and Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto as Appendix B and is marked as "AppendixB Abbreviated Form of Bond Measure." The President of the Board and the Superintendent are hereby separately authorized and directed to make any changes to the text of the measure as described herein to conform to any requirements of the Law or the County Registrar or otherwise upon the advice of the District's legal counsel.
Section 5. Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Education Code, Article XVI Section 18(b) of the California Constitution and paragraph (b) subsection (3) of Article XIIIA. The authority for the specification of this election order is contained in Section 5322 of the Education Code.
Section 6. Proceeds for School Facilities Projects. The Board certifies that the proceeds from the sale of the bonds will be used only for the purposes specified in Article XIII A, Section 1(b)(3) as further specified in Appendix A, and not for any other purpose, including teacher and administrator salaries and other school operating expenses. Further, as required by Article XIIIA, the Board hereby certifies that it has evaluated safety, class size and information technology needs in developing the list of school facilities projects set forth in Appendix A.
Section 7. Covenants of the Board upon Approval of the Bonds by the Electorate; Accountability Measures. As required by Article XIIIA, 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:
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- (a) conduct an annual, independent performance audit to ensure that the funds have been expended only on the projects listed in Appendix A;
- (b) 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 Appendix A;
- (c) establish and appoint members to an independent citizens' oversight committee in accordance with Sections 15278, 15280, and 15282 of the Act;
- (d) apply the Bond proceeds only to the specific purposes stated in the ballot proposition;
- (e) cause the creation of accounts into which bond proceeds shall be deposited; and
- (f) cause the preparation of an annual report pursuant to Government Code Sections 53410 and 53411.
Section 8. State Matching Funds. The Board hereby finds that some of the projects identified on the Full Text of Measure will require state matching funds for completion. As such, the statement required by Education Code Section 15122.5 has been included in the Full Text of Measure.
Section 9. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to (a) the Contra Costa County Superintendent of Schools, (b) the County Registrar, and (c) the Contra Costa County Clerk of the Board of Supervisors (the "Clerk of the Board") for purposes of consolidation pursuant to Elections Code Section 10403. The Resolution shall be received by the County Registrar and the Clerk of the Board no later than 88 days prior to the election date, unless otherwise permitted by law.
The County Registrar is hereby requested to print the full text of the ballot measure in the ballot materials as it appears on Appendix A hereto and to provide all required notices of the election and other notices related thereto.
Section 10. Consolidation of Election; Request to Provide Services. The County Registrar and the Contra Costa County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 6, 2018 within the District.
Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of Contra Costa County is requested to permit the County Registrar to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the District agrees to reimburse Contra Costa County in full upon presentation of a bill from the County, such services to include the publication of a formal Notice of School Bond -5- Election and the mailing of the sample ballot and tax rate statement (described in Section 9401 of the Elections Code).
Section 11. Approval of Tax Rate Statement. Pursuant to Elections Code Section 9401, a tax rate statement has been prepared in the form attached hereto as Appendix C, which form of Tax Rate Statement is hereby approved for inclusion in the sample ballot. The President of the Board, the Superintendent, the Chief Business Officer or any written designee of the foregoing, are hereby separately authorized and directed to execute the tax rate statement, and to file said Statement with the County Registrar, in accordance with Section 9.
Section 12. Ballot Arguments. As provided in Elections Code Section 9501, 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.
Section 13. Maturity Limit of Bonds. The Bonds may be issued in one or more series by the District from time to time, and each series of Bonds shall mature not more than the legal limit at the time of such issuance thereof. The Bonds shall be issued under the Act, under the provisions of Section 53506 et seq. of the California Government Code, or under any other provision of law authorizing the issuance of general obligation bonds by school districts.
Section 14. Legal Services. The Board retains the firm of Jones Hall, A Professional Law Corporation as legal counsel in connection with the proceedings for the election and for the issuance of any bonds which are authorized under the election. The Superintendent is authorized to execute an agreement with Jones Hall providing for legal services rendered in connection with the proceedings described herein.
Section 15. Official Actions. The President of the Board and the Superintendent are hereby separately authorized and directed to execute and deliver to County officials any directions, requisitions, clarifications or other writings for the District, and to make any changes to the texts of the measure as described herein and in the tax rate statement, to conform to any legal requirements or the County Registrar, in order to cause the election to be held and conducted in the District as provided herein.
Section 16. Effective Date. This resolution shall take effect on and after its adoption.
* * * * * * * *
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The foregoing Resolution was adopted by the Board of Trustees of the Mt. Diablo Unified School District of Contra Costa County, being the Board authorized by law to make the designations therein contained by the following vote, on July 23, 2018.
Adopted by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
President of the Board
Attest:
Clerk/Secretary of the Board
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution