Portola Valley Elementary Schools: Vote Yes on Measure Z Bonds - San Mateo County - 2018 general Election
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  Welcome    Question    Full Text    Agenda    Resolution  

Welcome to the Yes No on Measure Z Campaign

#HonestBallots Movement

Your San Mateo 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 Portola Valley 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, San Mateo, 0631470, 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    Full Text    Agenda    Resolution  

Measure Z Question

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EXHIBIT A

"To replace leaking roofs, plumbing/electrical systems, repair/replace classrooms for math, science, reading, writing/technology instruction, upgrade outdated safety systems to meet current safety codes, qualify for State matching funds, and acquire equipment/construct facilities, shall this Portola Valley School District measure authorizing $49,500,000 in bonds at legal rates, levying $3.4 million annually at $30/$100,000 assessed value while bonds are outstanding, be adopted, with oversight, all funds benefiting Portola Valley schools, and not taken by the State?"

Bonds: Yes No

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The following statement was prepared in the hope the legislature would suspend the law (AB-195) that required districts to inform you of the amount of taxes for which you're voting. It's all about deceiving the voters. The school bonds cartel has no shame. It just wants your money. The ends justify the means.

One of the notorious budget trailer bills was amended in May to allow the district to keep you in the dark. Unfortunately for them, Dan Walters got wind of it and castigated the legislature for their sleazy and unscrupulous conduct. The budget trailer bill never came to a vote before the August 10 filing deadline. So the issue is moot.

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EXHIBIT A-1

"To replace leaky roofs, plumbing and electrical systems, repair or replace classrooms and labs for math, science, reading, writing, technology instruction, upgrade outdated safety systems to meet current safety codes, qualify for our share of State matching funds, and acquire, repair, construct classrooms, equipment and facilities, shall Portola Valley School District issue $49,500,000 in bonds at legal rates, with citizen oversight, annual audits, all funds benefiting only Portola Valley schools, controlled locally, and cannot be taken by the State?"

Bonds: Yes No

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  Welcome    Question    Full Text    Agenda    Resolution  

Full Text of Measure Z

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EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE PORTOLA VALLEY SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 6, 2018

The following is the full proposition presented to the voters by the Portola Valley School District.

"To replace leaking roofs, plumbing/electrical systems, repair/replace classrooms for math, science, reading, writing/technology instruction, upgrade outdated safety systems to meet current safety codes, qualify for State matching funds, and acquire equipment/construct facilities, shall this Portola Valley School District measure authorizing $49,500,000 in bonds at legal rates, levying $3.4 million annually at $30/$100,000 assessed value while bonds are outstanding, be adopted, with oversight, all funds benefiting only Portola Valley schools, and not taken by the State?"

PROJECT LIST

The Governing Board ("Board") of the Portola Valley School District is committed to repairing aging schools by updating 30-60 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 District's Facilities Master Plan, presented to the Board on June 27, 2018 and incorporated herein in its entirety by this reference. The Facilities Master Plan can be viewed at www.pvsd.net.

In approving this Project List, the Governing Board determines that the District must:

  1. (i) Replace leaking roofs, plumbing and electrical systems;
  2. (ii) Repair and replace deteriorating heating, air conditioning, electrical and plumbing systems;
  3. (iii) Repair, renovate or replace classrooms, labs and educational facilities for 211"t Century math, science, reading, writing and technology instruction;
  4. (iv) Qualify for millions of dollars of State matching funds by passing a local bond first;
  5. (v) PROHIBIT THE STATE FROM TAKING ANY OF THE FUNDS RAISED;
  6. (vi) Ensure that every penny of any measure will benefit only local schools and be controlled locally.

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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

Goal and Purpose: The District's school facilities and classrooms are 30-60 years old and need upgrades to ensure the health and safety of all students.

  • 0 Replace leaking roofs, plumbing and electric systems.
  • 0 Upgrade outdated fire alarm systems to meet current fire safety codes.
  • 0 Repair and replace outdated heating, air conditioning, electrical, plumbing and lighting systems.
  • 0 Repair, renovate or replace classrooms, labs and educational facilities for 21st Century math, science, reading, writing and technology instruction.

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. In addition to the listed projects stated above, the Project List also includes the payment of the costs of preparation of all facility planning, facility assessment reviews and master plans, environmental studies, construction documentation, inspection and permit fees, and temporary housing of dislocated District activities caused by bond projects, as well as the refinancing of outstanding lease obligations. 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- over-IP, phone systems, call manager and network security/firewall, and other miscellaneous equipment. The repair and improvement of District facilities include the following types of projects: 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 or install school site parking, campus accessibility, lighting, safety locks, HVAC systems, utilities, plumbing, gas lines, playground equipment, hard court surfaces, 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, electronic marquees, asphalt, fire sensors and alarms, public address systems, telephones, shade structures, outdated heating and security systems, classrooms, flex rooms, science labs, multipurpose rooms, gyms, music/drama building, physical education fieldhouse buildings, playgrounds, and play fields; renovate, upgrade, relocate or convert classrooms, science labs; demolish portable structures; upgrades 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, school offices, boardroom, including furnishings; make improvements and acquire furnishings and/or other electronic equipment and systems. The budget for each project is an B-10
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77 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.

Bond proceeds shall be expended only for the specific 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 Governing Board 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 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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  Welcome    Question    Full Text    Agenda    Resolution  

Measure Z Agenda Description

Agenda of June 27, 2018 (complete item)

PORTOLA VALLEY SCHOOL DISTRICT
REGULAR MEETING OF THE GOVERNING BOARD
June 27, 2018 Agenda #16
5:00 Closed Session, 6:00 P.M. Open Session

10. BUSINESS OF THE ORGANIZATION

B. Adopt Resolution #12-2018: Ordering an Election, and Establishing Specifications of the Election Order -- 6:30 p.m.

Mr. Hartwig will ask the Board to adopt PVSD Resolution #12-2018. ACTION


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Meeting date: June 27, 2018

Item 10. B. Discussion and Action on Resolution Ordering a Bond Election, and Establishing Specifications of the Election Order

Presented by: Chief Business Official Connie Ngo

Classification: Business of the Organization

Materials attached: Draft resolution #12-2018

Action Item: Yes

Information

A partner from bond counsel Stradling Yocca Carlson & Rauth will discuss the draft resolution authorizing the district to call for a bond election in November 2018. This resolution describes the projects to be funded with the proceeds of the bond funds. Also presented will be two proposed 75-word summaries of the measure as it will appear on the ballot; which one to use will depend on the outcome of negotiations concerning the State Budget Bill and trailer legislation.

Background

The District has been working on facilities master planning for two years. At the Board special meeting on May 30, 2018 and again at the regular Board meeting on June 6, 2018, architect Brent McClure from CAW Architects, presented conceptual plans for both Ormondale and Corte Madera schools. In addition, project lists were discussed and ranked by priority. The Facilities Master Plan Core Team recommended a $49.5 million bond election in November, 2018 to address the needs of the facilities.

The Board is asked to approve a bond election resolution at this meeting.

Financial Implication

Should the bond pass, $49.5 million will be available to address school facility issues. Bond counsel services will be included in the bond issuance cost.

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  Welcome    Question    Full Text    Agenda    Resolution  

Measure Z Resolution

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RESOLUTION NO. 12-2018

RESOLUTION OF THE GOVERNING BOARD OF PORTOLA
VALLEY SCHOOL DISTRICT ORDERING AN ELECTION, AND
ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Governing Board (the "Board") of the Portola Valley School District (the "District") is committed to maintaining the quality of education in local award-winning public schools by making basic repairs to each Ormondale and Corte Madera Schools to protect quality instruction in core subjects like math, science, reading, writing and technology instruction; and

WHEREAS, with many of our school facilities and classrooms 30-60 years old, and our desire that our students be prepared to succeed in a 21St Century economy, children need updated full-service schools which are accessible, clean and safe learning environments; and

WHEREAS, the Board believes that to achieve that goal the District must maintain and repair classrooms, facilities and equipment, as needed, so that all facilities and campuses meet current safety codes to keep students safe; and

WHEREAS, the State of California (the "State") does not provide the District with enough money for the District to adequately 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 both to secure local funding that the State cannot take away and qualify for its fair share of State matching funds; 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, improving 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; and

WHEREAS, such a measure must include mandatory taxpayer protections, including an independent citizens' oversight committee and mandatory audits 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 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

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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;

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 San Mateo County Registrar of Voters to perform certain election services for the District; and

WHEREAS, the District acknowledges and requests that the election be conducted under the California Voters Choice Act and Elections Code Sections 3017 and 4005.

NOW THEREFORE, THE GOVERNING BOARD OF THE PORTOLA VALLEY SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

That the Board, pursuant to Education Code Sections 15100 et seq., 15264 et seq., Government Code Section 53506 and Elections Code Sections 3017 and 4005, hereby requests the San Mateo County Registrar of Voters to conduct an election under the provisions of Proposition 39 and the Act and submit to the electors of the District the question of whether bonds of the District in the aggregate principal amount of up to $49,500,000 (the "Bonds") shall be issued and sold for the purpose of raising money for the 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.

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

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:

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;

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;

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;

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;

that the Board will cause the appointment of a Citizens' Oversight Committee in compliance with Education Code Section [5278 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 less 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 (I) 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 PTO. 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:

Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);

Inspect District facilities and grounds to ensure that Proposition 39 bond revenues are expended in compliance with applicable law;

Receive and review copies of all deferred maintenance proposals or plans developed by the District;

Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs;

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Receive from the Board, within three months of District receiving the above-referenced audits, responses to any and all findings, recommendations, and concerns addressed in said audits, and review said responses; and

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.

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

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

That the San Mateo County Registrar of Voters and the San Mateo 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.

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

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.

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 San Mateo County Registrar of Voters by the established deadlines.

Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of San Mateo 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 San Mateo County, such services to include the publication 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 27th day of June, 2018.

GOVERNING BOARD OF THE PORTOLA
VALLEY SCHOOL DISTRICT

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By
President

Attest:

Secretary

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STATE OF CALIFORNIA)
)ss
SAN MATEO COUNTY)

I, Eric Hartwig, do hereby certify that the foregoing is a true and correct copy of Resolution No.12-2018, which was duly adopted by the Governing Board of Portola Valley School District at the meeting thereof held on the 27th day of June, 2018, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By

Secretary

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