Mount Pleasant Elementary Schools: Vote Yes on Measure JJ Bonds - Santa Clara 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 JJ 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 Mount Pleasant 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, Santa Clara, 0626400, 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 JJ Question

A-1
DOCSSF/144843v3/200254-0003

EXHIBIT A

"To repair leaking roofs, dry rot, termite and structural damage, upgrade wiring, fire alarms and fencing to improve student safety, repair deteriorating restrooms, and acquire, renovate, construct classrooms, equipment, sites and facilities, shall this Mt. Pleasant Elementary School District measure authorizing $27,500,000 in bonds at legal rates, levying $0.3 cents/$100 assessed value, $1,600,000 annually while bonds are outstanding, with independent citizen oversight, no money for administrators' salaries/pensions/benefits, and all money benefiting local 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.

B-2
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EXHIBIT A-1

"To repair leaking roofs, dry rot, termite and structural damage, upgrade wiring, fire alarms and fencing to improve student safety, repair deteriorating restrooms, and acquire, renovate, construct classrooms, equipment, sites and facilities, shall Mt. Pleasant Elementary School District issue $27,500,000 in bonds at legal rates, with independent citizen oversight, no money for administrators' salaries/pensions/benefits, no money taken by the State, and all money benefiting local schools?"

Bonds Yes Bonds No

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Impartial Analysis for Measure JJ

PR-8414-1-ENG

MEASURE JJ

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE JJ

Measure JJ would authorize issuance of $27,500,000 in bonds to fund school facilities projects in the Mount Pleasant Elementary School District (District). Such bonds are financial instruments used by school districts to borrow money that is repaid by a property tax levy. California law allows school districts to propose bond measures to authorize the issuance of bonds. To pass, the Measure must be approved by 55 percent of voters who vote in the election. The Measure was put on the ballot by Board of Trustees (Board) of the District.

Money generated by the bonds can only be used for the purposes that are set out in the full text of the Measure. The Measure states that the money could be used, among other things to:

  • Renovate, repair, and upgrade school buildings, bathrooms, classrooms, and libraries;
  • Install energy-efficient systems; and
  • Upgrade classroom equipment and technology.

A complete list of projects and allowed expenditures is included within the full text of the Measure. The Board has declared that it has evaluated safety, class size, and information technology needs in developing its project list.

Under the California Constitution, money generated by school district bond measures cannot be used for teacher and administrator salaries or pensions, or other school operating expenses. The California Constitution requires the District to hire an independent professional to annually examine how the District is spending bond money. State law also requires the District to establish an independent citizens' oversight committee to ensure that money generated by the bonds is used only for the projects included in the Measure.

The bonds will be repaid from taxes collected on property in the District. The amount of the tax paid will depend on the assessed value of the property. The District's best estimate of the highest tax rate to be collected to repay the bonds is $30.00 per $100,000 of the assessed value of the property. The District's best estimate of the total amount, including interest, that will be required to repay the bonds is $57,885,100. The District estimates that the final year that taxes will be collected to repay the bonds is fiscal year 2055-2056.

A "yes" vote is a vote to authorize the issuance of the bonds in the amount of $27,500,000 to be repaid by collection of taxes on property located within the District.

A "no" vote is a vote to not authorize the issuance of the bonds.

James R. Williams
County Counsel

By: /s/ Danielle L. Goldstein
Deputy County Counsel

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

Argument in Favor of Measure JJ

NO ARGUMENT IN FAVOR OF MEASURE JJ WAS SUBMITTED SC Ballot Type 080 - Page 040

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

Argument Against Measure JJ

PR-8414-4-ENG

ARGUMENT AGAINST MEASURE JJ

When school boards put bond measures like Measure JJ before the voters, what are they saying? They are admitting that everything they are spending your tax dollars on now is more important than the projects for which this tax increase is being sought. Budgets set priorities.

Mt. Pleasant Elementary School District is saying that every educational dollar spent today is going to something they consider a higher priority than to "improve student safety" and "repair leaking roofs" and repair "structural damage".

Do you agree?

Education Data Partnership (www.Ed-Data.K12.ca.us) shows the District's enrollment declining from 2,753 students during the 2009-10 school years, to 2,371 during 2016-17. And the number of teachers has increased from 116 full-time-equivalent teachers, up to 121 during that period.

Since the numbers of students are way down, expenses should be way down, too. That should allow more funds from the current budget to be applied to basic maintenance of the schools. In fact, you and I take care of our homes, our condos, and even our apartments out of our yearly budgets. Why can't Mt. Pleasant Elementary School District do the same?

School bonds are much like mortgages, in that they have to be paid back, in full--plus interest. Lots and lots of interest. Interest payments that don't go to teachers, libraries, computers, maintenance, etc.

Is this the best use of your tax dollars?

If your answer is "no," please vote NO on Measure JJ.

You can be for schools, for students, for teachers, and against Measure JJ.

For more information: www.SVTaxpayers.org/2018-measure-jj

/s/ Mark W.A. Hinkle
President: Silicon Valley Taxpayers Association

/s/ Jennifer Imhoff
Chair, Libertarian Party of Santa Clara County

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Full Text of Measure JJ

B-1
DOCSSF/144843v3/200254-0003

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE MT. PLEASANT ELEMENTARY SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 6, 2018

The following is the full proposition presented to the voters by the Mt. Pleasant Elementary School District.

"To repair leaking roofs, dry rot, termite and structural damage, upgrade wiring, fire alarms and fencing to improve student safety, repair deteriorating restrooms, and acquire, renovate, construct classrooms, equipment, sites and facilities, shall this Mt. Pleasant Elementary School District measure authorizing $27,500,000 in bonds at legal rates, levying $0.3 cents/$100 assessed value, $1,600,000 annually while bonds are outstanding, with independent citizen oversight, no money for administrators' salaries/pensions/benefits, and all money benefiting local schools?"

PROJECT LIST

The Board of Trustees of the Mt. Pleasant Elementary School District is committed to safe and secure schools with upgraded classrooms, libraries, science labs, restrooms and technology systems to keep pace with 21st century learning standards. The Board evaluated the District's urgent and critical facility needs, including safety issues, class size and computer and information technology in developing the scope of projects to be funded. The District conducted a facilities evaluation and received public input in developing this Project List. Teachers, staff, community members and the Board have prioritized the key health and safety needs so that the most critical facility needs are addressed. The Board concluded that if these needs are not addressed now, the problems will only become more pressing and expensive to address. Therefore, in approving this Project List and the Master Plan, the Board of Trustees determines that the District should:

  1. (i) improve student safety and security;
  2. (ii) renovate 40-year old restrooms that are so deteriorated, many children do not use them;
  3. (iii) repair dry rot, termite and other structural damage to our schools so children are safe;
  4. (iv) repair or replace leaky roofs;
  5. (v) upgrade old wiring in order to bring our schools up to current safety standards; and
  6. (vi) adhere to specific FINANCIAL ACCOUNTABILITY safeguards such as:
    1. (a) Sacramento must be prohibited from taking any of the funds raised,
    2. (b) All expenditures must be subject to annual independent financial audits,
    3. (c) No funds can be used for administrators' salaries and pensions,
    4. (d) All funds must be subject to local control,
    5. (e) An independent citizens' oversight committee must be appointed to ensure that all funds are spent only as authorized.

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The Project List includes upgrades and improvements at the following schools:

    August Boeger Middle School        Robert Sanders Elementary School
    Ida Jew Academies                  Valla Vista Elementary School
    Mt. Pleasant Elementary School

School Renovation, Repair and Upgrade Projects

Goal and Purpose: Since protecting quality education in local schools and the health, safety and security of our children on campuses requires renovating, repairing and upgrading outdated school buildings, bathrooms, classrooms, computers, technology, school libraries and equipment to give all children have the resources they need to learn and stay up-to-date with the latest advances in technology and education, local schools will benefit from projects including:

  • ? Repair or replace old leaky roofs.
  • ? Make schools safe from asbestos and other hazards.
  • ? Upgrade old wiring in order to bring our schools up to current safety codes.
  • ? Replace 40-year old restrooms and toilets.
  • ? Replace old, inefficient heating ventilation and air-conditioning systems.
  • ? Replace unsafe sidewalks.

School Health and Safety
and Energy Efficiency School Projects

Goal and Purpose: Since good, safe and up-to-date schools help protect and improve local property values and reduce maintenance and operating costs, returning more money to the classroom, schools and school sites will benefit from a variety of health and safety projects, such as:

Student Safety

  • ? Replace antiquated fire alarm and safety communication system.
  • ? Upgrade schools to meet accessibility requirements for persons with disabilities.
  • ? Repair or replace unsafe playground equipment.
  • ? Improve parking and traffic circulation for student safety.
  • ? Install fencing for student safety.

Energy Efficiency Returning Savings to the Classroom

  • ? Replace old and inefficient windows, lighting, irrigation, heating and ventilation systems which waste money and use the savings to prevent cuts to teacher and instructional programs.
  • ? Install energy efficient systems to save money and return the savings to the classroom.

B-3
DOCSSF/144843v3/200254-0003

Academic and Instructional Technology and Wiring Projects
To Continue Improving Student Achievement

Goal and Purpose: Since some school buildings are over 50 years old, schools, technology and equipment need to be updated so that our school district students have the same opportunities as others to succeed. Improved computer technology will allow teachers and students to use up-to-date teaching methods and enhance instruction in core academic subjects:

  • ? Provide or upgrade science labs at the middle schools.
  • ? Provide updated classroom computer technology.
  • ? Upgrade and expand wireless systems, telecommunications, Internet and network connections.
  • ? Upgrade classroom technology and teaching equipment to enhance instruction.
  • ? Ensure that all classrooms, have up to date electrical wiring to support 21st Century technology.

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, environmental studies, construction documentation, inspection and permit fees, and temporary housing of dislocated District activities caused by bond projects. The upgrading of technology infrastructure includes, but is not limited to, computers, projectors, portable interface devices, servers, switches, routers, modules, sound projection systems, printers, digital white boards, document projectors, upgrade voice-over-IP, phone systems, call manager and network security/firewall, and other miscellaneous equipment and software. The repair of school facilities includes, campus accessibility, utilities, and grounds, playground equipment, security fencing, hard court surfaces, shade structures for student assembly and protecting students from inclement weather during lunch, libraries, District support facilities, fire sensors; upgrade plumbing systems; athletic and play fields turf may be upgraded for safety and operational efficiency; renovate and paint interior and exterior building surfaces to extend their useful life; security, safety and communication systems and equipment; fire alarms and bells; heating, ventilation and air-conditioning system upgrades; window and floor coverings (including tiles and carpeting); upgrade irrigation systems; improvements and furnishings and/or other electronic equipment and systems. The Project List also includes the refinancing of any outstanding lease obligations, or the bridge loans taken to initiate voter approved projects. The budget for each project is an estimate and may be affected by factors beyond the District's control. 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.

B-4
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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.

FINANCIAL 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 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.

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.

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Measure JJ Tax Rate Statement

TAX RATE STATEMENT

An election will be held in the Mount Pleasant Elementary School District (the "District") on November 6, 2018, to authorize the sale of up to $27,500,000 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 3.0 cents per $100 ($30.00 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 2055-56.
  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 2019-20.
  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 $57,885,100.

Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on the County of Santa Clara 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: Aug. 6, 2018.

/s/ Mariann Engle
Superintendent, Mount Pleasant Elementary School District SC Ballot Type 080 - Page 039

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Measure JJ Agenda Description

Agenda of July 5, 2018 (complete item)

July 5, 2018 SPECIAL MEETING OF THE BOARD OF TRUSTEES
Thursday, July 5, 2018
7. ACTION ITEMS
A. Resolution 17/18-28 - Resolution of the Board of Trustees of Mt. Pleasant Elementary School District Ordering an Election and Establishing Specifications of the Election Order

Agenda Item Details

Meeting
Jul 05, 2018 - July 5, 2018 SPECIAL MEETING OF THE BOARD OF TRUSTEES
Category
ACTION ITEMS
Subject
Resolution 17/18-28 - Resolution of the Board of Trustees of Mt. Pleasant Elementary School District Ordering an Election and Establishing Specifications of the Election Order
Type
Action
Recommended Action
It is the recommendation of the Administration that the Governing Board adopt Resolution 17/18-28 - Resolution of the Board of Trustees of Mt. Pleasant Elementary School District Ordering an Election and Establishing Specifications of the Election Order.



Commentary:

Who's running the district?

In most cases, it's easy to determine that the district staff uses the governing board as its rubber stamp.

When the staff abdicate to outside vendors like, in this case, bond counsel, one really has to wonder. Bond counsel wrote this. Bond counsel takes hundreds of thousands to millions of dollars from district taxpayers (you) every time a bond is passed.

Isn't it convenient that bond counsel have trained district staff and governing board so well in fulfilling its goals?

DOCSSF/144373v2/200254-0003

ITEM REQUIRING ATTENTION---- BOARD OF EDUCATION

___________________________________________________________________________________________

To: Board of Trustees Meeting Date: July 5, 2018

From: Mariann Engle, Superintendent Agenda Item: Action

Subject: Resolution #17/18-28 - Resolution of the Board of Trustees of the Mt. Pleasant Elementary School District Ordering an Election, and Establishing Specifications of the Election Order

Background Information:

Comment:

The resolution before the Board calls an election within the District for the purpose of approving general obligation bonds, requests that the Santa Clara 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. Alternate ballot language is included in Exhibit A-1 in the event that the requirements of AB 195 are suspended. 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 2/3rd 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.

Recommended Action: That the Board approve Resolution #17/18-28 authorizing a bond election for November 6, 2018.

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Measure JJ Resolution

1

DOCSSF/144843v3/200254-0003

RESOLUTION NO. 17/18-28

RESOLUTION OF THE BOARD OF TRUSTEES OF
MT. PLEASANT ELEMENTARY SCHOOL DISTRICT
ORDERING AN ELECTION, AND ESTABLISHING
SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") of the Mt. Pleasant Elementary School District (the "District") is committed to maintaining the quality of education in local public schools by updating classroom technology, expanding, and upgrading classrooms and science labs to meet the demands for 21st Century learning;

WHEREAS, the Board is committed to making local neighborhood schools within the District safe and secure learning environments; and

WHEREAS, the Board believes that, in order to provide safe and healthy learning environments for students, basic upgrades to our schools continue to be needed, including the upgrading of roofs, security, lighting, cooling, heating and energy systems, and ensuring that classrooms are accessible for students and teachers with disabilities;

WHEREAS, the State of California (the "State") is not providing the District with enough funding 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 improving its educational programs is to secure local funding that the State cannot take away; and

WHEREAS, the Board determines that every penny from this measure shall benefit Mt. Pleasant schools, be controlled locally, and be subject to mandatory taxpayer protections, including an independent citizens' oversight committee and 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 or 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

2
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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, Section 9400 et seq. of the Elections Code of the State of California (the "Elections Code") 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 California 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 Santa Clara County Registrar of Voters to perform certain election services for the District;

NOW THEREFORE, THE BOARD OF THE MT. PLEASANT ELEMENTARY 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., and Government Code Section 53506, hereby requests the Santa Clara 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 $27,500,000 (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. 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 Exhibit "A" and "B" are subject to the following requirements and determinations:

  1. (a) 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 the safety, class size reduction, classroom, educational, and information technology needs of the District as well as the importance of the projects to student achievement and high quality instruction;
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    DOCSSF/144843v3/200254-0003

  4. (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;
  5. (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;
  6. (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 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 (1) member who is active in a senior citizens' organization; One (1) 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 PTA. 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) Inspect District facilities and grounds to ensure that Proposition 39 bond proceeds are expended in compliance with applicable law;
    2. (ii) Receive and review copies of all deferred maintenance proposals or plans developed by the District;
    3. (iii) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs;
    4. (iv) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
    5. (v) Receive from the Board, within three months of the District receiving the above-described audits, responses to any and all findings, recommendations, and concerns addressed in said audits, and review said responses; and
  7. (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. In connection with ordering such election pursuant to the provisions hereof, the District has obtained reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations available to the District.

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

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Section 6. That the Santa Clara County Registrar of Voters and the Santa Clara 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 10418.

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

Section 8. That any Bonds issued pursuant to the Education Code Section 15264 et seq. hereto or pursuant 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 Santa Clara County Registrar of Voters by the established deadlines.

Section 10. Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of Santa Clara County is requested to permit the Registrar of Voters to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the District agrees to reimburse Santa Clara 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 Section 9401 of the Elections Code) pursuant to the terms of Section 5363 of the Education Code and Section 12112 of the Elections Code.

ADOPTED, SIGNED AND APPROVED this 5th day of July, 2018.

BOARD OF TRUSTEES OF THE MT. PLEASANT
ELEMENTARY SCHOOL DISTRICT

By
President

Attest:

Secretary

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STATE OF CALIFORNIA )
)ss
SANTA CLARA COUNTY )

I, Mariann Engle, do hereby certify that the foregoing is a true and correct copy of Resolution No. 17/18-28, which was duly adopted by the Board of Trustees of the Mt. Pleasant Elementary School District at the meeting thereof held on the 5th day of July, 2018, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By Secretary

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