Orinda Union Elementary Schools: Vote Yes on Measure I Bonds - Contra Costa County - 2018 general Election
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  Welcome    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure I Campaign

#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 Orinda Union Elementary 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, 0628860:I, 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.

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

Measure I Question

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EXHIBIT A

"Orinda Union School District Student Safety and School Repair Measure. To update science, technology, engineering, art, math classrooms; upgrade classroom air conditioning, electrical, fire safety, security lighting, communications/camera systems, classroom locks; construct, acquire, repair classrooms, facilities, sites/equipment, shall Orinda Union School District's measure authorizing $55,000,000 in bonds at legal rates, levying 3 cents/$100 assessed value, averaging $3,200,000 annually while bonds are outstanding, be adopted, with citizen oversight, annual audits, no administrator salaries, all funds for Orinda schools only?"

Bonds: Yes____ No____

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

Impartial Analysis for Measure I

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 Orinda Union School District has proposed that bonds of the District be issued in an amount up to $55,000,000. This measure provides that proceeds from the sale of the bonds will generally be used to "upgrade classroom air conditioning, electrical, fire safety, security lighting, communications/camera systems, classroom locks; update science, technology, engineering, art, math classrooms; construct, acquire, repair classrooms, facilities, sites/equipment." 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 Orinda Union 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 $30.00 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.

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

Argument in Favor of Measure I

Vote YES on E & I to upgrade aging classrooms and improve student safety at Del Rey Elementary, Glorietta Elementary, Sleepy Hollow Elementary, Wagner Ranch Elementary and Orinda Intermediate School.

Our Orinda schools provide a high-quality education, but our classrooms are 45 to 60 years old, deteriorating and in need of repairs. For example, because Orinda classrooms don’t have air conditioning, schools had to be closed last year when the temperature reached 107°. When it rains, Orinda schools often experience flooding, which can damage school buildings and disrupt student learning.

Orinda schools now require upgrades to give our students the same opportunities as students in Lafayette, Moraga and Walnut Creek schools, which have all passed local education funding measures to update their classrooms.

Measure I and its companion measure, Measure E, work together to protect the quality of our schools and safety of our students.

Voting YES on E & I will:

  • Protect the quality of academic instruction in core subjects like math, science, reading and writing
  • Update science, technology, engineering, art and math classrooms
  • Provide classroom air conditioning and updated electrical systems
  • Upgrade campus safety and security, including fire and earthquake safety, classroom locks, security lighting, communications and camera systems

Strict Fiscal Accountability Is Mandatory

  • All funds will be locally controlled to benefit Orinda schools only
  • No funds can be taken by the State
  • No funds can be used for salaries or pensions for administrators or school employees
  • A citizens’ oversight committee and annual audits will ensure funds are spent as promised

Even if you don’t have school-aged children, supporting quality schools is a wise investment that protects our quality of life and strong property values.

Parents, teachers, seniors and business leaders agree – Vote YES on E & I for the safe and modern learning environments Orinda students need to succeed.

Kara Dille,
President, Educational Foundation of Orinda

Amy Worth,
Mayor of Orinda

Margaret Stewart,
Retired librarian, Orinda Union S.D.

Dick Burkhalter,
48 year Orinda Resident

Linda Landau,
Orinda Citizen of the Year

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

Argument Against Measure I

No Argument Against was filed.

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

Full Text of Measure I

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EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE ORINDA UNION SCHOOL DISTRICT STUDENT HEALTH,
SAFETY AND CLASSROOM REPAIR BOND MEASURE
ELECTION NOVEMBER 6, 2018

The following is the full proposition presented to the voters by the Orinda Union School District.

"Orinda Union School District Student Safety and School Repair Measure. To update science, technology, engineering, art, math classrooms; upgrade classroom air conditioning, electrical, fire safety, security lighting, communications/camera systems, classroom locks; construct, acquire, repair classrooms, facilities, sites/equipment, shall Orinda Union School District's measure authorizing $55,000,000 in bonds at legal rates, levying 3 cents/$100 assessed value, averaging $3,200,000 annually while bonds are outstanding, be adopted, with citizen oversight, annual audits, no administrator salaries, all funds for Orinda schools only?"

PROJECT LIST

The Board of Trustees ("Board") of the Orinda Union School District is committed to protecting the quality of academic instruction in core subjects like math, science, reading and writing by repairing and modernizing aging schools, updating 45-60 year old classrooms, and ensuring the safety and security of all students. To that end, the Board received input from teachers, staff and the community and evaluated the District's urgent and critical facility needs, including the need for up-to-date technology, safety issues, class size reduction, computer and information technology in developing the types of projects to be funded by this measure, as such are described below and also as outlined in the District's 2018 Facilities Master Plan, presented to the Board on May 14, 2018 and incorporated herein in its entirety by this reference. The Facilities Master Plan 2017/18 can be viewed at www.orindaschools.org.

In approving this Project List, the Board of Trustees determines that the District MUST:

  1. (i) Protect the quality of academic instruction in core subjects like math, science, reading, writing and social sciences;
  2. (ii) Update science, technology, engineering, art and math classrooms;
  3. (iii) Upgrade fire safety, classroom locks, security lighting, communications and camera systems;
  4. (iv) Provide classroom air conditioning and updated electrical systems;
  5. (v) ENSURE THAT EVERY PENNY OF ANY MEASURE WILL BENEFIT ONLY LOCAL SCHOOLS AND BE CONTROLLED LOCALLY AND NOT BE TAKEN AWAY BY THE STATE.

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The Project List includes the following types of upgrades and improvements at the District schools and facilities:

REPAIR AGING SCHOOLS:
Basic Renovation, Repair and Upgrade Projects

Goals and Purposes: The District's school facilities and classrooms are 45-60 years old and need upgrades to ensure the health and safety of all students.

This measure will upgrade classrooms and educational facilities to provide up-to-date classrooms for core academics, including math, science, technology, engineering, reading, writing and social sciences.

  • ? Repair, renovate or replace classrooms, labs and educational facilities for 21st Century math, science, reading, writing and technology instruction.
  • ? Repair and modernize existing classrooms.
  • ? Upgrade classroom technology infrastructure.
  • ? Upgrade outdated fire alarm systems to meet current fire safety codes.
  • ? Provide classroom air conditioning, and upgrade heating, ventilation and electrical systems.
  • ? Maintain libraries and provide classrooms for technology, engineering and robotics.

STUDENT SAFETY PROJECTS

Goals and Purposes: Our local schools have outdated security features that need to be improved. This measure will fund security fencing, cameras, and lighting, and upgrade other essential security systems to provide safe learning environments.

Even if you do not have school-age children, updating local schools is a wise investment. Good schools improve the quality of life in our community and protect the value of our homes.

  • ? Improve student, teacher and staff safety.
  • ? Upgrade emergency communication systems.
  • ? Upgrade classroom safety door locks.
  • ? Improve school security.
  • ? Upgrade communications and security cameras systems.
  • ? Upgrade security lighting.

In addition to the listed projects stated above, the Project List also includes the following types of projects and expenditures: The upgrading of technology infrastructure includes, but is not limited to, fiber modifications, servers, switches, routers, modules, computers, cameras, sound projection systems, wiring classrooms for internet connectivity, wireless networks, wireless access points and controllers, portable interface devices, mobile device management systems, printers, upgraded voice- B-3
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over-IP, phone and public address systems, call manager and network security/firewall, and other miscellaneous equipment. The repairing and improvement of District facilities includes, but is not limited to the authority to install, acquire or repair energy efficiency improvements for school buildings, energy efficient lighting, air conditioning, heating, insulation and ceiling systems, and windows; construct, upgrade, repair, install or provide school site parking, campus accessibility, lighting, safety locks, HVAC systems, utilities, plumbing, gas lines, playground equipment, hard court surfaces, tracks and fields, general site paving, learning walls, tack boards, cabinets, tutoring rooms, restrooms, interior courtyards, roofs, interior and exterior lighting, water heaters, boilers, fences, walkway covers and casework, bell/clock systems, signage, wayfinding, electronic marquees, asphalt, fire sensors and alarms, public address systems, telephones, shade structures, outdated heating and security systems, classrooms, flex rooms, science labs, classrooms, multipurpose rooms, food service and dining areas, gyms, music and drama/performing arts classrooms, outdoor learning quads, playgrounds, and play fields; renovate, upgrade, reconfigure, relocate or convert classrooms, science labs; replace portable structures; improve Wagner Ranch Nature Area, including classrooms and restrooms; upgrade and reconfigure sidewalks, parking lots and drop off/pick up zones to improve student safety; make facility improvements for earthquake safety; upgrade electrical wiring and systems; renovate and paint interior and exterior building surfaces to extend their useful life; improve security, install safety, security and communication systems and equipment, windows and floor coverings (including tiles and carpeting); build or upgrade irrigation systems; upgrade computer labs, collaborative rooms, school offices/administration/staff support spaces, including furnishings; make improvements and acquire furnishings and/or other electronic equipment and systems.

The budget for each project is an estimate and may be affected by factors beyond the District's control. Some projects throughout the District may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans are finalized, construction bids are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating enhanced and operationally efficient campuses. Necessary site preparation/restoration and landscaping, may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, redirecting fire access, and acquiring any necessary easements, licenses, or rights of way to the property. The listed projects will be completed as needed. Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program management, staff training expenses and a customary contingency, and escalation for unforeseen design and construction costs. Qualified costs also include the costs of preparation of all facility planning, facility assessment reviews and master plans, environmental studies, construction documentation, inspection and permit fees, andthe temporary housing of dislocated District activities caused by bond projects.

Bond proceeds shall be expended only for the types of projects and purposes identified herein. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to the bond projects. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.

Fiscal Accountability: In accordance with Education Code Section 15272, the Board of Trustees will appoint a citizens' oversight committee and conduct annual independent audits to assure that funds are spent only on district projects and for no other purpose. The expenditure of bond money B-4
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on these projects is subject to stringent financial accountability requirements. By law, performance and financial audits will be performed annually, and all bond expenditures will be monitored by an independent citizens' oversight committee to ensure that funds are spent as promised and specified. The citizens' oversight committee must include, among others, representation of a bona fide taxpayers association, a business organization and a senior citizens organization. No district employees or vendors are allowed to serve on the citizens' oversight committee. The District shall NOT sell any capital appreciation bonds.

No Administrator Salaries: Proceeds from the sale of the bonds authorized by this proposition shall be used only for the acquisition, construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, and not for any other purpose, including teacher and school administrator salaries and other operating expenses. Bond funds shall not be temporarily transferred to the District's general fund for administrative purposes.

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Measure I Tax Rate Statement

TAX INFORMATION STATEMENT (Health and Safety)

An election will be held in the Orinda Union School District (the "District") on November 6, 2018, to authorize the sale of up to $55,000,000 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 9405 of the California Elections Code.

  1. 1. The best estimate of the average annual tax rate that would be required to be levied to fund this bond issue over the entire duration of the bond debt service, based on assessed valuations available at the time of filing of this statement, is 2.87 cents per $100 ($28.70 per $100,000) of assessed valuation. The final fiscal year in which the tax to be levied to fund this bond issue is anticipated to be collected is fiscal year 2050-51.
  2. 2. The best estimate of the highest tax rate that 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 3.0 cents per $100 ($30.00 per $100,000) of assessed valuation in fiscal year 2023-24.
  3. 3. 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 approximately $103,654,244.35.

Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on the County of Contra Costa official tax rolls, not on the property's market value. Property owners should consult their own property tax bills 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, debt service and the years in which they will apply 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 funds and other factors. 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: July 19, 2018.

Carolyn Seaton. Ed.D.
Superintendent
Orinda Union School District

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Measure I Agenda Description

Agenda of July 19, 2018 (complete item)

Board of Trustees Special Meeting
Thursday, July 19, 2018
District Office Conference Room A
8 Altarinda Road, Orinda, CA 94563

4:30pm - 7:30pm

3. Action Item(s)
A. Resolution No. 19-01: Resolution of the Board of Trustees of Orinda Union School District Ordering an Academic Excellence, Science, Technology, Engineering, Arts and Math ("STEAM") Measure Election, and Establishing Specifications of the Election Order
B. Resolution No. 19:02: Resolution of the Board of Trustees of Orinda Union School District Ordering a Student Health, Safety and Classroom Repair Measure Election, and Establishing Specifications of the Election Order

Agenda Item Details

Meeting
Jul 19, 2018 - Board of Trustees Special Meeting
Category
Action Item(s)
Subject
Resolution No. 19-01: Resolution of the Board of Trustees of Orinda Union School District Ordering an Academic Excellence, Science, Technology, Engineering, Arts and Math ("STEAM") Measure Election, and Establishing Specifications of the Election Order
Type
Action, Discussion, Information
Recommended Action
That the Board approve Resolution No. 19-01 authorizing a bond election for November 6, 2018.


Background Information:  
The resolution before the Board calls an election within the District for the purpose of approving general obligation bonds to upgrade technology, classrooms and labs which advance STEAM instruction, requests that the Contra Costa County Registrar of Voters conduct the election on behalf of the District, and authorizes the preparation of election materials, including ballot arguments and tax rate statement, to be included in the ballot pamphlet.

  

State law requires the Board of Trustees to order school district bond elections.  The Registrar of Voters will conduct the election on behalf of the District, including publishing all required notices. This resolution meets the statutory requirements for describing the projects to be funded with the proceeds of the bonds, which are included as Exhibit B to the resolution.  A 75-word summary of the measure, as it will appear on the ballot, is also included in the resolution as Exhibit A.  The resolution also authorizes the preparation and filing of a tax rate statement, which must be included in the ballot pamphlet and describes the anticipated rates of tax throughout the life of the bond issue.  

  

The resolution also authorizes, but does not commit, the Board and/or individual members of the Board to prepare and sponsor a ballot argument in support of the bond measure.  No more than five (5) persons may sign the ballot argument.

 

This election will be called under constitutional and statutory provisions that require fifty-five percent (55%) voter approval, and certain accountability requirements, including annual independent financial and performance audits of how funds are spent, and the formation of a Citizens’ Bond Oversight Committee.  Following adoption, the resolution (including the signed tax rate statement) must be delivered to the Registrar of Voters and the Board of Supervisors. State law requires that 2/3 of a school board support the resolution calling an election requiring 55% voter approval.  At least four (4) Board members must vote “Yes” in order to call the election.

  

 

 

 

 

 

 

 




Motion & Voting

That the Board approve Resolution No. 19-01 authorizing a bond election for November 6, 2018 as amended.

Motion by Jason Kaune, second by Hillary Weiner.
Final Resolution: Motion Carries
Yea: Carol Brown, Jason Kaune, Julie Rossiter, Hillary Weiner

Agenda Item Details

Meeting
Jul 19, 2018 - Board of Trustees Special Meeting
Category
Action Item(s)
Subject
Resolution No. 19:02: Resolution of the Board of Trustees of Orinda Union School District Ordering a Student Health, Safety and Classroom Repair Measure Election, and Establishing Specifications of the Election Order
Type
Action, Discussion, Information
Recommended Action
That the Board approve Resolution No. 19-02 authorizing a bond election for November 6, 2018.


Background Information:  
The resolution before the Board calls an election within the District for the purpose of approving general obligation bonds to fund school repairs and upgrades, requests that the Contra Costa County Registrar of Voters conduct the election on behalf of the District, and authorizes the preparation of election materials, including ballot arguments and tax rate statement, to be included in the ballot pamphlet.

  

State law requires the Board of Trustees to order school district bond elections.  The Registrar of Voters will conduct the election on behalf of the District, including publishing all required notices. This resolution meets the statutory requirements for describing the projects to be funded with the proceeds of the bonds, which are included as Exhibit B to the resolution.  A 75-word summary of the measure, as it will appear on the ballot, is also included in the resolution as Exhibit A.  The resolution also authorizes the preparation and filing of a tax rate statement, which must be included in the ballot pamphlet and describes the anticipated rates of tax throughout the life of the bond issue. The resolution also authorizes, but does not commit, the Board and/or individual members of the Board to prepare and sponsor a ballot argument in support of the bond measure. No more than five (5) persons may sign the ballot argument.

  

This election will be called under constitutional and statutory provisions that require fifty-five percent (55%) voter approval, and certain accountability requirements, including annual independent financial and performance audits of how funds are spent, and the formation of a Citizens’ Bond Oversight Committee.  Following adoption, the resolution (including the signed tax rate statement) must be delivered to the Registrar of Voters and the Board of Supervisors. State law requires that 2/3 of a school board support the resolution calling an election requiring 55% voter approval.  At least four (4) Board members must vote “Yes” in order to call the election.

 

 

 

 

 

 

 

 




Motion & Voting

That the Board approve Resolution No. 19-02 authorizing a bond election for November 6, 2018 as amended.

Motion by Hillary Weiner, second by Carol Brown.
Final Resolution: Motion Carries
Yea: Carol Brown, Jason Kaune, Julie Rossiter, Hillary Weiner

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Measure I Resolution

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RESOLUTION NO. 19-02

RESOLUTION OF THE BOARD OF TRUSTEES OF ORINDA
UNION SCHOOL DISTRICT ORDERING A STUDENT
HEALTH, SAFETY AND CLASSROOM REPAIR MEASURE
ELECTION, AND ESTABLISHING SPECIFICATIONS OF
THE ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") of the Orinda Union School District (the "District") is committed to protecting the quality of academic instruction in core subjects like math, science, reading, writing and social sciences by making basic repairs to and modernizing Orinda elementary schools and Orinda Intermediate School; and

WHEREAS, since most of our school facilities and classrooms are 45 to 60-years old, and given the Board's desire that our students be prepared to succeed in a 21st Century economy, our children need updated, full-service schools for the continued health, safety and preparedness of all students; and

WHEREAS, the Board believes that to achieve that goal the District must maintain and repair classrooms, facilities and equipment, as needed, and upgrade fire safety, classroom locks, security lighting, emergency communication and camera systems so that all facilities and campuses meet current standards required to keep students safe; and

WHEREAS, Orinda schools need updates to add air conditioning to ensure schools are not forced to close down when temperatures get too high; and

WHEREAS, the State of California (the "State") does not provide the District with adequate funding to maintain its educational facilities and academic programs; and

WHEREAS, the Board has concluded that the District's only remedy to avoid undermining its educational programs is to secure local funding that the State cannot take away; and

WHEREAS, even if one did not have school-age children, updating local schools is a wise investment since good schools improve the quality of life in our community and protect the value of our homes; and

WHEREAS, the Board has received information regarding the possibility of a local bond measure and its impact on protecting student safety, upgrading technology infrastructure, improving and modernizing schools and making basic repairs to aging facilities; and

WHEREAS, such a bond measure also can provide funds that cannot be taken away by the State or be used to increase salaries, benefits or pensions for administrators, teachers or other school employees; and

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WHEREAS, such a measure must include mandatory taxpayer protections, including an independent citizens' oversight committee, mandatory audits and reports to the community to ensure funds are spent properly; and

WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") which reduced the voter threshold for ad valorem property tax levies used to pay for debt service on bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and

WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Section 15264) of the Education Code (the "Act") became operative and established requirements associated with the implementation of Proposition 39; and

WHEREAS, the Board desires to make certain findings herein to be applicable to this election order and to establish certain performance audits, standards of financial accountability and citizen oversight that are contained in Proposition 39 and the Act; and

WHEREAS, the Board desires to authorize the submission of a proposition to the District's voters at an election to authorize the issuance of bonds to pay for certain necessary improvements and enhancements to District educational facilities; and

WHEREAS, the Board hereby determines that, in accordance with Opinion No. 04-110 of the Attorney General of the State of California, the restrictions in Proposition 39 which prohibit any bond money from being wasted or used for inappropriate administrative salaries or other operating expenses of the District shall be monitored strictly by the District's Citizens' Oversight Committee; and

WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, the Board has determined that, 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 Proposition 39 limits per year per $100,000 of assessed valuation of taxable property; and

WHEREAS, Elections Code Section 9400 et seq. requires that a tax rate statement be contained in all official materials relating to the election, including any ballot pamphlet prepared, sponsored, or distributed by the District; and

WHEREAS, the Board desires to authorize the filing of a tax rate statement and ballot argument in favor of the proposition to be submitted to the voters at the election; and

WHEREAS, pursuant to the Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, November 6, 2018, and to request the Contra Costa County Registrar of Voters to perform certain election services for the District.

NOW THEREFORE, THE BOARD OF TRUSTEES OF THE ORINDA UNION SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the Board, pursuant to Education Code Sections 15100 et seq., 15264 et seq., Government Code Section 53506, hereby requests the Contra Costa County Registrar of Voters to conduct an election under the provisions of Proposition 39 and the Act and submit to the electors of 3
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the District the question of whether bonds of the District in the aggregate principal amount of up to $55,000,000 (the "Bonds") shall be issued and sold to raise money for the types of projects described in Exhibits "A" and "B" hereto. Both exhibits are directed to be printed in the voter pamphlet mailed to all voters. The District's Superintendent, or designee, is hereby authorized and directed to make any changes to the text of the measure, or to the abbreviated form of the measure, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of election officials, and requirements of law.

Section 2. That the date of the election shall be November 6, 2018.

Section 3. That the purpose of the election shall be for the voters in the District to vote on a proposition, a copy of which is attached hereto and marked Exhibit "A," incorporated by reference herein, and containing the question of whether the District shall issue the Bonds to pay for improvements to the extent permitted by such proposition. In compliance with Proposition 39 and the Act, the ballot propositions in Exhibits "A" and "B" are subject to the following requirements and determinations:

  1. (a) that the proceeds of the sale of the Bonds shall be used only for the purposes set forth in the ballot measure and not for any other purpose, including teacher or administrator salaries or other school operating expenses;
  2. (b) that the Board, in establishing the projects set forth in Exhibit "B," evaluated student safety and security, class size reduction, and educational and information technology needs of the District;
  3. (c) that the Board shall cause an annual, independent performance audit to be conducted to ensure that the Bond monies get spent only for the projects identified in Exhibit "B" hereto;
  4. (d) that the Board shall cause an annual, independent financial audit of the proceeds from the sale of Bonds to be conducted until all of the Bond proceeds have been expended;
  5. (e) that the Board will cause the appointment of a Citizens' Oversight Committee in compliance with Education Code Section 15278 no later than 60 days after the Board enters the election results in its minutes pursuant to Education Code Section 15274. The Citizens' Oversight Committee shall initially consist of at least seven (7) members and at no time consist of fewer than seven (7) members, with the possible exception of brief periods to fill any unexpected vacancies. The Citizens' Oversight Committee may not include any employee or official of the District or any vendor, contractor or consultant of the District. The Citizens' Oversight Committee shall include all of the following: One (1) member who is active in a business organization representing the business community located within the District; One (1) member who is active in a senior citizens' organization; One member who is active in a bona fide taxpayer association; One (1) member who is a parent of a child in the District schools; One (1) member is both a parent of a child in the District schools and active in a school site council or parent club. In furtherance of its specifically enumerated purposes, the Citizens' Oversight Committee may engage in any of the following activities relating solely and exclusively to the expenditure of the Proposition 39 bond proceeds:
    1. (i) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
    2. 4
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    3. (ii) Inspect District facilities and grounds to ensure that Proposition 39 bond revenues are expended in compliance with applicable law;
    4. (iii) Receive and review copies of all deferred maintenance proposals or plans developed by the District;
    5. (iv) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs;
    6. (v) Receive from the Board, within three months of the District receiving the above-referenced audits, responses to any and all findings, recommendations, and concerns addressed in said audits, and review said responses; and
  6. (f) that the tax levy authorized to secure the Bonds of this election shall not exceed the Proposition 39 limits per $100,000 of taxable property in the District when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.

Section 4. That the authority for ordering the election is contained in Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506.

Section 5. That the authority for the specifications of this election order is contained in Education Code Sections 5322.

Section 6. That the Contra Costa County Registrar of Voters 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 Elections Code Section 10403, the Board acknowledges that the consolidation election will be held and conducted in the manner described in Elections Code Section 10418.

Section 7. That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to the Contra Costa County Registrar of Voters no later than August 10, 2018.

Section 8. The Bonds shall be issued pursuant to Section 15264 et seq. of the Education Code or pursuant to Government Code Section 53506. The maximum rate of interest on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531.

Section 9. That the Board requests the governing body of any such other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such election and to further provide that the canvass of the returns of the election be made by anybody or official authorized by law to canvass such returns, and that the Board consents to such consolidation. The Board further authorizes the submission of a tax rate statement and primary and rebuttal arguments, as appropriate, to be filed with the Contra Costa County Registrar of Voters by the established deadlines.

Section 10. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of Contra Costa County is requested to permit the Registrar of Voters to render all services specified by Elections Code Section 10418 relating to the election, for which services the District agrees to reimburse Contra Costa County, such services to include the publication 5
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of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Elections Code Section 9401) pursuant to the terms of Section 5363 of the Education Code and Elections Code Section 12112.

ADOPTED, SIGNED AND APPROVED this 19th day of July, 2018.

BOARD OF TRUSTEES OF THE ORINDA UNION SCHOOL DISTRICT

By
President

Attest:

Secretary

6
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STATE OF CALIFORNIA )
)ss
CONTRA COSTA COUNTY )

I, Dr. Carolyn Seaton, do hereby certify that the foregoing is a true and correct copy of Resolution No. 19-02, which was duly adopted by the Board of Trustees of Orinda Union School District at the meeting thereof held on the 19th day of July, 2018, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By
Secretary

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