Sunnyvale Schools: Vote Yes on Measure GG Bonds - Santa Clara County - 2018 general Election
Give your district a Thanksgiving surprise it'll never forget. Join the #HonestBallots Movement.                                        Are you a good listener? Keep your ear to the ground and let us know. Sign Up                                        Do you have an oversight or transparency nightmare to report about your district? Let the whole world know! Oversight Report Card                                        
Sign In

Use Ctrl-- (ctrl minus sign) to reduce text size, or Crtl-+ (ctrl plus sign) to increase.


  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure GG Campaign

#HonestBallots Movement

Your Santa Clara 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 Sunnyvale 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, Santa Clara, 0638460, 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    Tax Rate    Agenda    Resolution  

Measure GG Question

88

EXHIBIT A

BALLOT LABEL

[Per AB 195]

To continue critical renovation and modernization at District schools and to upgrade safety and technology to provide high quality classrooms and maintain facilities for students and the community, shall Sunnyvale School District issue $100 million in bonds at legal interest rates, raising an average of $6 million annually for 32 years, at a rate of one cent per $100 of assessed value, with independent oversight, accountability and all funds benefitting local elementary and middle schools?

Bonds - Yes Bonds - No

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.

[If AB 195 repealed or stayed]

To continue critical renovation and modernization at District schools and to upgrade safety and technology, upgrade classrooms, libraries, science and computer labs; improve the energy efficiency of classrooms and buildings; and maintain facilities for students and the community, shall Sunnyvale School District issue $100 million in bonds at legal interest rates with independent oversight, accountability, and all funds benefitting local elementary and middle schools and no funds spent on administrators?

Bonds - Yes Bonds - No

A-1
73

Final Ballot Statement

To continue critical renovation and modernization at District schools, improve energy efficiency, upgrade safety and technology to provide high quality classrooms and maintain facilities for students and the community, shall Sunnyvale School District issue $100 million in bonds at legal interest rates, raising an average of $6 million annually for 32 years, at a rate of one cent per $100 of assessed value, with independent oversight, accountability and all funds benefitting local elementary and middle schools?

Bonds Yes
Bonds No

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Full Text of Measure GG

89

EXHIBIT B

FULL BALLOT TEXT

SUNNYVALE SCHOOL DISTRICT BOND MEASURE

By approval of this measure by at least fifty-five percent (55%) of the registered voters voting thereon, the Sunnyvale School District shall be authorized to issue and sell bonds of up to $100,000,000 million in aggregate principal amount to provide financing for the specific elementary and middle school (K-8) school facilities projects listed below in the Bond Project List, subject to all of the accountability safeguards specified herein.

SECTION I: KEY FINDINGS

  • 0 Sunnyvale School District has provided quality elementary and middle school (K-8) education to students in the local community over its long history, consistent with its mission to provide every student with a strong foundation of academic, behavioral, and social-emotional skills to prepare them for success in a diverse, challenging, and changing world.
  • 0 In the past, local voters have approved school facility bonds to help the District meet critical renovation, modernization and safety needs at the District's schools and a citizens' oversight committee verified that all funds expended thus far were spent in accordance with voter-approved priorities.
  • 0 Though bond funding has made a significant impact, our local schools still have urgent needs that reach beyond the scope of the District's annual operating budget, such that passing this bond measure provides a guaranteed and necessary source of local funding to maintain and improve the community's local school facilities.
  • 0 The District has conducted a facility review to identify the upgrades needed at each school site in order to meet modern safety and security standards, to meet the District's goals for supporting current academic standards, and to address specific priorities at individual school sites.
  • 0 Unlike the District's parcel tax funds, which support the District's educational programs and staffing, bond revenue is the primary means by which all local school districts are able to keep its school buildings and classrooms in good repair, safe, designed and equipped to support changing educational standards, methods and approaches
  • 0 The District cannot rely on the State of California to fund school facility improvements and the limited state dollars available for facility upgrades often require local matching funds that could be provided by a local bond measure
  • 0 This bond measure will benefit local Sunnyvale schools only and no funds can be taken away by. the State or other school districts, and by law, no money can be used for administrator salaries or pensions
  • 0 This bond measure requires strict fiscal accountability protections including mandatory annual audits and an independent citizens' oversight committee comprised of local residents to ensure funds are managed and spent properly.

B-1
74

90

SECTION II: ACCOUNTABILITY MEASURES

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

Evaluation of Needs. The Board of Education has evaluated the facilities needs of the District, and has identified projects to finance from a local bond measure at this time. The Board of Education hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.

Independent Citizens' Oversight Committee. The Board of Education shall establish an independent Citizens' Oversight Committee in accordance with Education Code sections 15278-15282 and applicable Board policy, to ensure bond proceeds are expended only for the school facilities projects listed in the Bond Project List. The committee shall be so empowered within sixty (60) days of the date when the Board of Education enters the results of the election in its official minutes.

Annual Performance Audit. The Board of Education shall conduct or cause to be conducted an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects described in the Bond Project List.

Annual Financial Audit. The Board of Education shall conduct or cause to be conducted an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects described in the Bond Project List.

Annual Report to Board. Upon approval of this measure and the sale of any bonds approved, the Board of Education shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent shall cause a report to be filed with the Board of Education no later than January 1 of each year, commencing on the first January 1 after bonds have been issued and proceeds spent, stating (1) the amount of bond proceeds received and expended in the past fiscal year, and (2) the status of any project funded or to be funded from bond proceeds. The report may be incorporated into the annual budget, annual financial report, or other appropriate routine report to the Board.

SECTION III: BOND PROJECT LIST

This Bond Project List, which is an integral part of this proposition, describes the specific projects the District proposes to finance with proceeds of the bonds. All information contained within this "Section III: Bond Project List" comprises the list and description of permissible projects and expenses that may be paid from bond proceeds, and 'where such projects may be completed.

Proceeds from the sale of bonds authorized by this measure shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities on the Bond Project List, including the furnishing and equipping of said school facilities, or the acquisition or lease of real property for said school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

B-2
75

91

In order to meet all identified facility needs, the District may complete projects using a combination of funding sources. These sources may include, joint-use funds or contributions, development impact fees, state funds (if available), and other available funds. The District will pursue state matching funds if and when they become available, and if received, they will be used for and mainly applied to projects on the Bond Project List or other high priority capital outlay expenditures as permitted in Education Code section 17070.63(c). However, no project is dependent on the receipt of state funding for completion.

Specific projects to be funded by the bond measure include, without limitation, the following:

  • 0 Expand and or update aging classrooms and District facilities, or acquire, furnish, equip and rehabilitate existing facilities, to support high quality instruction in science, technology, mathematics and the arts;
  • 0 Acquire real property, construct, renovate and or/equip new classroom spaces and administrative support facilities;
  • 0 Remove or replace aging portable buildings and classrooms with new permanent construction;
  • 0 Construct and/or develop library spaces;
  • 0 Renovate, modernize and or/remodel kitchen, food service, and multipurpose spaces;
  • 0 Renovate, modernize, construct and/or equip early learning and kindergarten classroom spaces;
  • 0 Install and/or repair playground equipment and play surfaces and structures;
  • 0 Construct and/or renovate middle school locker rooms;
  • 0 Fix and/or replace leaking or deteriorating roofs;
  • 0 Repair and/or install stucco finish to school facilities;
  • 0 Replace aging underground infrastructure;
  • 0 Replace hardscape and improve and update landscaping;
  • 0 Modernize parking lots and pedestrian walkways and access to improve student safety;
  • 0 Acquire and/or upgrade fencing to improve school safety;
  • 0 Replace aging, outdated and/or deteriorating utility infrastructure, electrical, lighting, plumbing, heating and ventilation (HVAC) systems;
  • 0 Install dual pane windows to reduce noise and reduce heating and ventilation costs;
  • B-3
    76

    92
  • 0 Install solar energy systems/equipment and upgrade any existing solar equipment for interconnection;
  • 0 Repair, rebuild, equip and furnish school sites in the event of unforeseen issues or emergencies or to house charter schools, if any, in reasonably equivalent facilities in accordance with legal requirements.

Projects listed may be completed at any and all elementary and middle school sites and facilities where such project is determined by the Board to be necessary or required, including the District office, and projects are authorized to be performed at any and all of the following school sites:

    Elementary Schools                      Middle Schools
    Bishop Elementary School                Columbia Middle School
    Cherry Chase Elementary School          Sunnyvale Middle School
    Cumberland Elementary School
    Ellis Elementary School                 Other Sites
    Fairwood Explorer Elementary School     District Administrative Office
    Lakewood Elementary School
    San Miguel Elementary School
    Vargas Elementary School

Listed projects, repairs, improvements, rehabilitation projects and upgrades will be completed only as needed, and the listing of projects does not imply a particular prioritization among such improvements. Projects may be done in phases, based on Board of Education priorities. Listed projects may be completed at any and all District schools, properties, sites and education buildings, including charter schools housed on District campuses, if any, where such project is determined necessary. Decisions regarding the scope, timing, prioritization or other facets of project implementation will be made solely by the Board of Education by subsequent action. Where terms such as "renovate," "upgrade," "repurpose" and "improve" are used in the Bond Project List, the Board of Education has the discretion to determine the best method for accomplishing the project's objective. For any listed project involving renovation or modernization of a building or the major portion of a building, the District may proceed with new replacement construction instead (including any necessary demolition), if the District determines that replacement and new construction is more practical than renovation, considering the building's age, condition, expected remaining life, comparative cost and other relevant factors. In addition, where feasible, projects may be completed in partnership with other agencies on a joint use basis using bond proceeds. Property, buildings and equipment on the bond project list may be acquired through lease, sale, lease-purchase, lease-Ieaseback or other project delivery or acquisition methods determined appropriate by the Board.

Each project is assumed to include its share of costs of bond issuance, architectural, engineering, legal and planning costs, construction management, bond project staff, employees and consultants, staff development and training expenses associated With learning construction techniques and approaches, new bond-funded equipment and systems and a customary contingency for unforeseen design and construction costs. In addition to the projects listed above, the Bond Project List also includes payment of the costs of preparation of all facilities planning and project implementation studies, feasibility and assessment reviews, master planning, environmental studies, permit and inspection fees B-4
77
93 and temporary housing and relocation costs for dislocated programs or activities caused or necessitated by construction projects on the Bond Project List.

The final cost of each project will be determined as plans are finalized 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. Necessary site preparation, grading or restoration may occur in connection with acquisition of property, new construction, modernization, renovation or remodeling, or installation or removal of modular classrooms, including ingress and egress, removing, replacing or installing irrigation, utility lines, trees and landscaping, relocating fire access roads and acquiring any necessary easements, leases, licenses or rights of way to the property.

SECTION IV: ADDITIONAL SPECIFICATIONS

No Administrator Salaries. Proceeds from the sale of Bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation or replacement of school facilities on the Bond Project List, including the furnishing and equipping of said school facilities, or the acquisition or lease of real property for said school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

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

Other Terms of the Bonds. The bonds may be issued and sold in several series, and in accordance with a financing plan determined by the Board of Education pursuant to requirements of law. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum and with a maximum term not exceeding the statutory maximum, provided that the average useful life of bonds sold will not exceed one hundred twenty percent (120%) of the average life of the projects being financed or as otherwise provided by federal tax law. Bond funds may be used to reimburse the District for Bond Project list expenditures incurred prior to the election and bond issuance, in accordance with federal tax law.

Attention of all voters is directed to the fact that the financial information contained in this measure is based upon the District's projections and estimates only, which are not binding upon the District, nor are the summary estimates, if any, provided in the Ballot Label. 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.

In preparing this information, the District obtained reasonable and informed projections of assessed property valuations that took into consideration projections of assessed property valuations made by the County Assessor, if any, in accordance with Education Code Section 15100(c).

B-5
78

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Measure GG Tax Rate Statement

94

EXHIBIT C

TAX RATE STATEMENT

An election will be held within the boundaries of Sunnyvale School District ("District") on November 6, 2018 to authorize the sale of up to $100,000,000 in bonds to finance facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in multiple series. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property located within the District. The following information is provided in compliance with Sections 9400 to 9404, inclusive, of the California Elections Code.

  1. 1. The best estimate from official sources 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 the election or a projection based on experience within the same jurisdiction or other demonstrable factors, is estimated to be $.01 per $100 ($10 per $100,000). The final fiscal year in which the tax is anticipated to be collected is 2050-51.
  2. 2. The best estimate from official sources of the highest tax rate that would be required to be levied to fund this bond issue, and an estimate of the year in which that rate will apply, based on assessed valuations available at the time of filing this statement or a projection based on experience within the same jurisdiction or other demonstrable factors, is estimated to be $.01 per $100 ($10 per $100,000) of assessed valuation in fiscal year 2022-23.
  3. 3. The best estimate from official sources 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 will be approximately $192,000,000, considering the assumptions set forth in paragraphs (1) and (2) above.

Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on the Santa Clara County 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.

Signed:

Dr. Benjamin Picard, Superintendent
Dated: June 21, 2018

C-1
79

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Measure GG Agenda Description

Agenda of June 21, 2018 (complete item)

BOARD OF EDUCATION

Regular Board Meeting

Sunnyvale School District

819 West Iowa Ave, Sunnyvale CA 94086

Our Mission: Sunnyvale School District prepares all of our students with a strong foundation of skills and knowledge to succeed in their educational pursuits

AGENDA
Thursday, June 21, 2018

Call to order/Closed session: 6:30 p.m.
Open session: 7:00 p.m.

N. Review and Action

18-62-SUP

Adoption of Resolution No. 18-18 Ordering School Bond Election on November 6, 2018 (pages 67-79) (Picard)

Moved Seconded


82

Sunnyvale School District
Board of Education

Review and Action Agenda Report

To: Members, Board of Education

From: Benjamin Picard, Ed.D., Superintendent

Contact: Benjamin Picard, Ed.D., Superintendent

Date: June 21, 2018

Re: Adoption of Resolution No. 18-18 Ordering School Bond Election on November 6, 2018

I. Support Information

As discussed with the Board of Education on April 24, 2018, District staff and administration have been considering the possibility of calling a Proposition 39 (55%) bond measure election on November 6, 2018. Staff proposes to seek authorization to issue $100 million in general obligation bonds, repaid through ad valorem property taxes, to provide a stable funding source for the next phase of critical facility improvements. Taxes levied to repay principal and interest on the bonds is estimated to be well below the statutory maximum tax rate, at an estimated rate of $10 per each $100,000 of assessed valuation of property.

The ballot measure is comprised of a base resolution, a 75-word measure summary, full ballot text and Tax Rate Statement (attached). It should be noted that the law as it applies to the mandatory components of a 75-word summary currently is unsettled but will be known before the deadline for the submission of ballot measures for November. For that reason, the Resolution provides two options for the 75-word summary and delegates to the Superintendent and other officers of the school district the authority to choose the final measure summary for submission to the Registrar of Voters.

II. Recommendation

The Superintendent recommends that the Board of Education adopt Resolution No. 18-18 Ordering School Bond Election on November 6, 2018.

Recommended Approval /s BHP Reference 18-62-SUP

67

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Measure GG Resolution

83

RESOLUTION #18-18

RESOLUTION OF THE BOARD OF EDUCATION OF THE SUNNYVALE
SCHOOL DISTRICT ORDERING A SCHOOL BOND ELECTION ON
NOVEMBER 6, 2018 AND AUTHORIZING NECESSARY ACTIONS IN
CONNECTION THEREWITH

WHEREAS, the Board of Education ("Board") of the Sunnyvale School District ("District"), Santa Clara County, California is authorized to order elections within the District and to designate the specifications thereof, pursuant to Sections 5304 and 5322 of the California Education Code ("Education Code"); and

WHEREAS, the District has provided quality elementary and middle school (K-8) education to students in the local community over its long history, consistent with its mission to provide every student with a strong foundation of academic, behavioral, and social-emotional skills to prepare them for success in a diverse, challenging, and changing world; and

WHEREAS, our community's support for general obligation bonds in the past has helped to meet critical renovation, modernization and safety needs at the District's schools; and

WHEREAS, though bond funding has made a significant impact, our local schools still have urgent needs that must be addressed to maintain academic excellence, and to enable the District to achieve its vision that each school in the District be known for developing global-minded learners by providing an exemplary education for every student, building on individual strengths, embracing diversity, and fostering community responsibility; and

WHEREAS, aging education facilities need repairs and upgrades to meet modern academic and safety standards ensuring all schools have up-to-date technology, as well as safe, secure campuses to protect students and staff, and modern classrooms that will attract and retain the best teachers and staff; and

WHEREAS, the District has conducted a facilities review to identify the upgrades needed at each school site in order to meet modern safety and security standards, to meet the District's goals for supporting current academic standards, and to address specific priorities at individual school sites; and

WHEREAS, bond revenue is the primary means by which all local school districts are able to keep their school buildings and classrooms in good repair, safe, designed and equipped to support changing educational standards, methods and approaches; and

WHEREAS, the District cannot rely on the State of California to fund school facility improvements and the limited state dollars available for facility upgrades often require local matching funds that could be provided by a local bond measure; and

WHEREAS, unlike the District's parcel tax funds, which support the District's educational programs and staffing, bond revenue is the primary means by which the District is able to keep its school buildings and classrooms in good repair, safe, designed and equipped to support changing educational standards, methods and approaches; and

1
68

84

WHEREAS, this bond measure will benefit local Sunnyvale schools only and no funds can be taken away by the State or other school districts, and by law, no money can be used for administrator salaries or pensions; and

WHEREAS, this bond measure requires strict fiscal accountability protections including mandatory annual audits and an independent citizens' oversight committee comprised of local residents to ensure funds are managed and spent properly; and

WHEREAS, the Board is specifically authorized to order elections for the purpose of submitting to the electors the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes hereinafter specified, pursuant to Section 15100 et seq. of the Education Code; and

WHEREAS, pursuant to section 18 of Article XVI and section 1 of Article XIII A of the California Constitution (also known as "Proposition 39"), and Section 15266 of the Education Code, school districts may seek approval of general obligation bonds and levy an ad valorem tax to" repay those bonds upon a fifty-five percent (55%) vote of those voting on a proposition for that purpose, provided certain accountability measures are included in the proposition; and

WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors to be approved by fifty-five percent (55%) of the votes cast; and

WHEREAS, such a bond election must be conducted concurrent with a statewide primary election, general election or special election, or at a regularly scheduled local election, as required by Section 15266 of the Education Code, and on November 6, 2018, a general election is scheduled to occur throughout the District; and

WHEREAS, pursuant to Section 15270 of the Education Code, if the measure is approved by the voters, bonds may only be issued if the tax rate levied to meet the debt service requirements would not exceed thirty dollars ($30) per year per one hundred thousand dollars ($100,000) of taxable property when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution, and the current estimated and projected average annual tax rate and highest tax rate, is not expected to exceed a tax rate levy of ten dollars ($10) per year per each $100,000 of the assessed value of taxable property; and

WHEREAS, the estimated tax rates, duration of tax collection, and total estimated amount of debt service, is described in the Tax Rate Statement contained in Exhibit C hereto; and

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

WHEREAS, in the judgment of the Board, it is advisable to request that the Santa Clara County Registrar of Voters ("County Registrar") act as the election official and call an election and submit to the registered voters of the District the full ballot proposition as detailed herein, in coordination with each other as necessary; and

WHEREAS, the Board now desires to authorize the filing of a ballot argument in favor of the proposition to be submitted to the voters at the election.

2
69

85

NOW, THEREFORE, be it resolved, determined and ordered by the Board of Education of the Sunnyvale School District as follows:

Section 1. Specifications of Election Order. Pursuant to Sections 5304, 5322, 15100 et seq., and Section 15266 of the Education Code, an election shall be held within the District on November 6, 2018, for the purpose of submitting to the registered voters of the District the full ballot proposition contained in Exhibit B ("Full Ballot Text"), which Full Ballot Text is hereby approved. The County Registrar shall provide for the performance of its duties in accordance with Education Code section 5303 and in accordance with any and all other laws and regulations applicable to such elections.

Section 2. Abbreviation of Proposition/Ballot Label. Pursuant to Sections 13119 and 13247 of the California Elections Code and Section 15122 of the Education Code, the Board hereby directs the County Registrar to use the abbreviation of the Full Ballot Text ("Ballot Label") that is attached hereto as Exhibit A. The Ballot Label shall function merely as an abbreviation of the Full Ballot Text and does not stand alone as a complete and binding statement of the measure, nor is it possible for the Ballot Label to contain all of the project and financial information a voter might wish to consider in casting a vote. Voters are urged to review the Full Ballot Text and the Tax Rate Statement to obtain a complete understanding of the measure, including all of the financial projections and estimates upon which the measure is based. The District Superintendent, or a designee thereof, is hereby authorized and directed to make any changes to the text of Exhibit A, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of elections officials, or requirements of law.

Section 3. Voter Pamphlet. The County Registrar is hereby requested to reprint the Full Ballot Text in its entirety in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the Full Ballot Text is not reprinted in the voter information pamphlet in its entirety, the County Registrar is hereby requested to print, immediately below the impartial analysis of the bond proposition, in no less than 10-point boldface type, a legend substantially as follows:

"The above statement is an impartial analysis of Measure If you desire a copy of the measure, please call the Santa Clara County Registrar of Voters at and a copy will be mailed at no cost to you."

Section 4. Accountability Measures. Pursuant to legal requirements, and as specified in the Full Ballot Text, the Board certifies that the District:

  1. (a) Has evaluated the facilities needs of the District and has evaluated safety, class size reduction and information technology needs in developing the Bond Project List contained in the Full Ballot Text;
  2. (b) Will establish an independent Citizens' Bond Oversight Committee to ensure that bond proceeds are expended only for the school facilities projects described in the Bond Project List, in accordance with Education Code section 15278 et seq.;
  3. (c) Will conduct or cause to be conducted an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects described in the Bond Project List;
  4. 3
    70

    86
  5. (d) Will conduct or cause to be conducted an annual independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects described in the Bond Project List; and
  6. (e) Shall take all actions to establish an account in which proceeds of the sale of the bonds will be deposited, and to cause a report to be filed with the Board no later than each January 1 identifying proceeds received and expended in the past fiscal year and the status of any project funded or to be funded with bond proceeds. The first report shall be due no later than January 1 of the first year after which bonds have been issued and proceeds spent.

Section 5. Required Vote. Pursuant to Section 18 of Article XVI and Section 1 of Article XIII A of the State Constitution, the above proposition shall become effective upon the affirmative vote of at least fifty-five percent (55%) of those voters voting on the proposition.

Section 6. Request to County Officers to Conduct Election; Cost of Election. The County Registrar is hereby requested, pursuant to section 5322 of the California Education Code, to take all steps to call and hold the election in accordance with law and these specifications. The District will reimburse the Registrar and the County for costs associated with the election as required by law.

Section 7. Consolidation of Election and Canvass of Vote.

  1. (a) Pursuant to Section 15266(a) of the Education Code, the election shall be consolidated with the election on November 6, 2018.
  2. (b) The Board of Supervisors of Santa Clara County is authorized and requested to canvass the returns of the election, as necessary, pursuant to Section 10411 of the California Elections Code.

Section 8. Delivery of Order of Election to County Officers. The Clerk of the Board is hereby directed to deliver or cause to be delivered, no later than August 10, 2018 (as requested by the County Registrar), one copy of this Resolution to the County Registrar with the completed Tax Rate Statement (in substantially the form attached hereto as Exhibit C), completed and signed by the Superintendent or his designee, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of Santa Clara County.

Section 9. Ballot Arguments. The members of the Board are hereby authorized to prepare and file with the County Registrar a ballot argument in favor of the proposition contained in Section 1 hereof, and a rebuttal, if necessary, to any arguments against the measure, within the time established by the County Registrar.

Section 10. Intention to Reimburse. The District may incur costs associated with bond-funded projects described in Exhibit B hereto prior to the issuance of bonds. For purposes of establishing compliance with the requirements of Section 1.150-2 of the regulations of the US. Treasury Department, the Board hereby declares its official intent to use proceeds of the bond to reimburse itself for lawful expenditures on capital projects described on the Bond Project List, up to a maximum principal amount of $100 million.

Section 11. Further Authorization. The members of this Board, the Superintendent, and the Chief Operations Officer of the District (each, a "District Representative") are hereby authorized and directed, individually and collectively, to do any and all things that 4
71
87 they deem necessary or advisable in order to effectuate the purposes of this Resolution, including selection of a final Ballot Label, and modification of the Full Ballot Text, the Ballot Label, and Tax Rate Statement if he or she determines such modifications are necessary and in the District's best interests. This Resolution and all of its Exhibits that are filed with the County Registrar by a District Representative shall constitute the final, binding ballot measure of the District, and the measure, as submitted is hereby deemed ratified and approved.

Section 12. Effective Date. This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED this day, June 21, 2018, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED:

President of the Board of Education of the
Sunnyvale School District

Attest:

Clerk of the Board of Education of the
Sunnyvale School District

5
72

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

 


Copyright © 2015-2018, Richard Michael. All Rights Reserved.