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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
Your Sonoma 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 Old Adobe Union 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, Sonoma, 0628320, 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 Isom Advisors. We figured out just the right words to get you to you to open up your checkbook.
We'd also like to introduce you to our partners -- bond lawyers, brokers, wealthy investors, architects, management firms, construction companies, and trade unions. We all stand to make a ton of money on these bonds. Our profits come right off the top, before a penny is actually spent on improving the facilities.
We're not just doing it for the money. We like to show off our work in Architectural Digest and other places where the rich and famous congregate.
Remember, we've taken a lot of risk. We gave money to get your governing board members elected, so they'd be sure to remember us when we came around for a hand-out later.
It's just business-as-usual, here in sunny Corruptifornia.
Please don't read the fine print. That's just put in by the lawyers to make what we're going to do to for you legal.
When you see highlighting in the documents below, it to see the commentary.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
To improve the quality of education; repair and replace leaky roofs; modernize outdated classrooms, restrooms and school facilities; and improve student access to computers and modern technology; shall Old Adobe Union School District issue $38,500,000 of bonds at legal rates, generating on average $2,200,000 annually as long as bonds are outstanding at a rate of approximately 3 cents per $100 assessed value, with annual audits, independent citizen's oversight, no money for salaries and all money staying local?
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE L Cal i for nia law per mits school dis tricts to is sue bonds to pay for con struc tion, re pair, replacement, and acquisition of school facilities provided 55 percent of voters who vote on the mea sure ap prove the sale of the bonds. The Old Adobe Un ion School Dis trict Board of Trust ees has placed on the bal lot the ques tion of whether to is sue $38,500,000 in bonds for such pur poses. Money raised by bond sales may only be used for the pur poses and pro jects stated in the Bond Pro ject List set forth in Mea sure L, fol low ing this anal y sis. Pro ceeds could be used to mod ern ize, ren o vate, con struct, ac quire, equip, ex pand, or oth er wise im - prove ed u ca tional and sup port fa cil i ties. The Bond Pro ject List in cludes a com plete list of pro jects and allowed expenditures. As re quired by law, Mea sure L pro hib its us ing bond proceeds for teacher or administrator salaries or other operating expenses. The Board of Trust ees has cer ti fied that it eval u ated safety, class size, and in for - ma tion tech nol ogy needs in de vel op ing the Bond Pro ject List. In clu sion of a pro ject on the Bond Pro ject List does not guar an tee it will be funded or com pleted. The Dis trict may seek State funds to aug ment Bond pro ceeds to ad vance the Bond Pro ject List. The Board of Trust ees will es tab lish the pri or ity and or der in which projects are undertaken. If adopted, Mea sure L in cludes “Ac count abil ity Safe guards” that re quire the Board of Trust ees to: annually conduct independent financial and performance audits; establish an Independent Cit i zens’ Over sight Com mit tee; and main tain bond proceeds in a sep a rate ac count in the County Trea sury. Mea sure L fur ther re quires Dis trict Su per in ten dent to pro vide an an nual re port to the Board on the sta tus of pro jects un der taken and the amount of bond pro ceeds re ceived and expended in each year. If ap proved, Mea sure L au tho rizes Old Adobe Un ion School Dis trict to is sue and sell gen eral ob li ga tion bonds in se ries, at dif fer ent times, as pro jects are un der - taken. Bonds of any se ries must ma ture within the stat u tory max i mum num ber of years from date of is sue. The in ter est rate on the bonds will de pend on the mar ket rate at the time bonds are sold, but can not ex ceed the max i mum rate set by law. Bonds will be re paid from prop erty taxes lev ied on real prop erty within the Dis trict based on the value of land and im prove ments on each prop erty. Those taxes would be in ad di tion to cur rent prop erty taxes on real prop erty within the Dis trict. The amount of tax needed each year will de pend upon the amount needed to re pay out stand ing prin ci pal and in ter est. The Dis trict’s Tax Rate State ment, which fol - lows this anal y sis, es ti mates the high est tax rate nec es sary to fund the bonds is $30 per $100,000 of as sessed value. Those tax lev ies are pro jec tions, and could go up or down, de pend ing on a num ber of fac tors in clud ing the tim ing and amount of bond sales, and changes in as sessed prop erty val ues in the Dis trict. If all bonds are sold, the to tal debt ser vice (in clud ing prin ci pal and in ter est) will be $79,000,000. The tax will raise ap prox i mately $2,200,000 an nu ally. A “yes” vote on Mea sure L will au tho rize the Dis trict to is sue the bonds and levy taxes to pay for the in debt ed ness. A “no” vote on Mea sure L will not au tho rize either the is su ance of bonds or the as so ci ated levy of taxes. BRUCE D. GOLDSTEIN County Coun sel By: s/ Rob ert Pittman As sis tant County Coun sel
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
ARGUMENT IN FAVOR OF MEASURE L
Every child de serves to learn in quality school facilities. Your Yes Vote on Measure L will prepare generations of our local students for future success.
Old Adobe Union School District has served our community well for over 60 years. However, our schools have grown old and are overdue for repairs. Much was done with the funds from our successful 2012 school improvement measure, including replacing deteriorating plumbing systems and making health and safety improvements, but more work is needed. All of our school facilities need to be brought up to current safety and efficiency standards. Measure L authorizes funds for needed facility repairs and upgrades to improve student safety, instruction, and learning. No other funding currently exists to upgrade these facilities.
If passed, Measure L will provide funding to make critical facility improvements to our local elementary schools including: repairing or replacing leaky roofs; improving student access to computers and modern technology; replacing outdated heating, ventilation and cooling systems to increase energy-efficiency; making health, safety and handicapped accessibility improvements; and modernizing outdated classrooms, restrooms and school facilities.
Old Adobe Union School District is proud to have award-winning schools. Measure L protects academic facilities so our excellent instruction and performance standards can be maintained.
All funds stay local. The State can not take this funding away. Tax payer protections are required. No funds can be spent on administrators' salaries or pensions. Independent Citizens' Over sight and mandatory audits ensure funds are spent properly.
Whether or not you have school-age children, protecting our local, high quality education is a wise investment for your property values and a strong community.
Vote Yes on Measure L.
s/ Sally K. Johnson
Retired educator - homeowner
s/ Doris Tolks
Retired - homeowner
s/ Michael Norton
Sonoma Mountain Parent
s/ Maureen E. Rudder
Retired Administrator - Homeowner
s/ Ryan Dunlap
Parent Homeowner Businessman
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
NO ARGUMENT WAS SUBMITTED AGAINST MEASURE L
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
FULL TEXT OF MEASURE L BOND AUTHORIZATION By ap proval of Mea sure ___ by at least 55 per cent of the reg is tered vot ers vot ing on the mea sure, the Old Adobe Un ion School Dis trict will be au tho rized to is sue and sell bonds of up to $38.5 mil lion in ag gre gate prin ci pal amount at in ter est rates not to ex ceed le gal lim its and to pro vide fi nanc ing for the spe cific types of school fa cil i ties pro jects listed in the Bond Pro ject List de scribed be low, sub ject to all the accountability requirements spec ified below. ACCOUNTABILITY REQUIREMENTS The pro vi sions in this sec tion are spe cif i cally in cluded in this mea sure in or der that the vot ers and tax pay ers in the Dis trict may be as sured that their money will be spent wisely. Ex pen di tures to ad dress spe cific fa cil i ties needs of the Dis trict will be in com pli ance with the re quire ments of Ar ti cle XIII A, Sec tion 1(b)(3), of the State Con sti tu tion and the Strict Ac count abil ity in Lo cal School Con struc tion Bonds Act of 2000 (cod i fied at Ed u ca tion Code Sec tions 15264 and fol low ing.) Evaluation of Needs. The School Board has iden ti fied de tailed fa cil i ties needs of the Dis trict and has de ter mined which pro jects to fi nance from a lo cal bond. The School Board hereby cer ti fies that it has eval u ated safety, class size re duc tion, en roll - ment growth, and in for ma tion tech nol ogy needs in de vel op ing the Bond Pro ject List shown be low. Independent Citizens’ Oversight Committee. Fol low ing ap proval of this measure, the Board of Trust ees will es tab lish an In de pend ent Cit i zens’ Over sight Committee, un der Ed u ca tion Code Sec tions 15278 and fol low ing, to en sure bond pro ceeds are ex pended only on the types of school fa cil i ties pro jects listed be low. The committee will be es tab lished within 60 days of the date when the re sults of the election appear in the min utes of the School Board. Perfor mance Audits. The School Board will con duct an nual, in de pend ent per for - mance au dits to en sure that the bond pro ceeds have been ex pended only on the school facilities projects listed below. Financial Audits. The School Board will con duct an nual, in de pend ent fi nan cial au dits of the bond pro ceeds un til all of those pro ceeds have been spent for the school facilities projects listed below. Government Code Accountability Requirements. As re quired by Section 53410 of the Gov ern ment Code, (1) the spe cific pur pose of the bonds is set forth in this Full Text of the Mea sure, (2) the pro ceeds from the sale of the bonds will be used only for the pur poses spec i fied in this mea sure, and not for any other pur pose, (3) the pro ceeds of the bonds, when and if is sued, will be de pos ited into a build ing fund to be held by the Sonoma County Trea surer, as re quired by the Cal i for nia Education Code, and (4) the Su per in ten dent of the Dis trict shall cause an an nual re port to be filed with the Board of Trust ees of the Dis trict not later than Jan u ary 1 of each year, which re port shall con tain per ti nent in for ma tion re gard ing the amount of funds collected and ex pended, as well as the sta tus of the pro jects listed in this mea sure, as re quired by Sec tions 53410 and 53411 of the Gov ern ment Code. NO TEACHER OR ADMINISTRATOR SALARIES Pro ceeds from the sale of bonds au tho rized by this mea sure shall be used only for the pur poses spec i fied in Ar ti cle XIII A, Sec tion 1(b)(3), those be ing for the construction, re con struc tion, re ha bil i ta tion, or re place ment of school fa cil i ties, including the fur nish ing and equip ping of school fa cil i ties, and the ac qui si tion or lease of school facilities, and not for any other pur pose, in clud ing teacher and administrator salaries and other school operating expenses. Sonoma County 49-516 9401 MEASURES, ANALYSES AND ARGUMENTS (whichever is applicable to your ballot) Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors. CONT. NEXT PAGE FULL TEXT OF MEASURE L, CONT. STATE MATCHING FUNDS The fol low ing state ment is in cluded in this mea sure pur su ant to Ed u ca tion Code Sec tion 15122.5: Ap proval of this mea sure does not guar an tee that the pro posed pro ject or pro jects that are the sub ject of bonds un der this mea sure will be funded be yond the lo cal rev e nues gen er ated by this mea sure. The Dis trict’s pro posal for the pro ject or pro jects de scribed be low may as sume the re ceipt of match ing state funds, which, if avail able, could be sub ject to ap pro pri a tion by the Leg is la ture or ap proval of a state wide bond mea sure. USE OF ESTIMATES AND PROJECTIONS Any es ti mates or pro jec tions in the bond mea sure or bal lot ma te ri als, such as re lat - ing to es ti mated tax rates, the du ra tion of is sued bonds and re lated tax lev ies and col lec tions are pro vided as in for ma tional only. Such amounts are es ti mates and are not max i mum amounts or lim i ta tions on the terms of the bonds, the tax rate or du ra tion of the tax sup port ing re pay ment of is sued bonds. Such es ti mates de pend on nu mer ous vari ables which are sub ject to vari a tion and change over the term of the Dis trict’s over all fa cil i ties and bond fi nanc ing plan, in clud ing but not lim ited to the amount of bonds is sued and out stand ing at any one time, the in ter est rates ap - pli ca ble to is sued bonds, mar ket con di tions at the time of sale of the bonds, when bonds ma ture, tim ing of pro ject needs and changes in as sessed val u a tions in the Dis trict. As such, while such es ti mates and ap prox i ma tions are pro vided based on in for ma tion cur rently avail able to the Dis trict and its cur rent ex pec ta tions, such es ti mates and ap prox i ma tions are not lim i ta tions and are not bind ing upon the District. BOND PROJECT LIST Scope of Pro jects. Bond pro ceeds will be ex pended on the mod ern iza tion, reno va - tion, expansion, acquisition, construction/reconstruction, rehabilitation, and/or replacement of school fa cil i ties of the Old Adobe Un ion School Dis trict, including the fur nish ing and equip ping of such school fa cil i ties. This mea sure au tho rizes bond pro jects to be un der taken at all Dis trict ed u ca tional and sup port sites, including cur rent and fu ture sites. School Facility Project List. The items pre sented on the fol low ing list are the types of pro jects au tho rized to be fi nanced with voter-ap proved bond pro ceeds. Spe cific ex am ples in cluded on this list are not in tended to limit the broad types of projects de scribed and au tho rized by this mea sure. The types of pro jects au tho rized are: Bond pro ceeds will be ex pended to mod ern ize, re place, ren o vate, ex pand, construct, ac quire, equip, fur nish and oth er wise im prove the class rooms and school fa cil i ties of the Dis trict, in clud ing those lo cated at the fol low ing lo ca tions: Old Adobe Elementary Charter School Loma Vista Immersion Academy Elementary Charter School La Tercera Elementary School Miwok Valley Elementary Charter School Sonoma Mountain Elementary Charter School • Re pair or re place leaky roofs • Improve student access to computers and modern technology • Install, re pair, up grade, or re place safety and se cu rity sys tems for stu dents and staff • Install additional and/or replace outdated heating, ventilation, air conditioning sys tems, and light ing sys tems to be more en ergy ef fi cient. • Repair or replace deteriorat ing plumbing and sewer systems • Make health and safety im prove ments, in clud ing Fed eral and Statemandated Americans with Disabilities Act (ADA) accessibility upgrades and as man dated by the Di vi sion of the State Ar chi tect (DSA) in clud ing site access, parking, restrooms, relocation of some existing electri cal devices, drinking fountains, etc. • Ren o vate, re pair, ex pand, con struct and/or up grade the in te rior and/or exterior of existing outdated classrooms, restrooms and school facilities • Up grade play grounds and im prove playfields for school and community use • Im prove stu dent drop-off and pick-up ar eas to in crease stu dent safety • Upgrade outdated windows with energy-efficient window • Replace in ad e quate wir ing and elec tri cal sys tems to meet cur rent electrical and accessibility codes, increase capac ity, and relieve currently overloaded elec tri cal sys tems. • Upgrade, expand, construct, repair and/or equip school facilities, including li brary/me dia cen ters, labs, mul ti pur pose rooms, and other school facilities. • Modernize outdated classroom interiors including tile/asbes tos abatement, new paint, car pet/vi nyl, white marker boards, tackable sur faces, in creased secure storage capac ity for instruc tional materials and equipment, etc. Miscellaneous Projects at School Sites • Abate and remove hazardous materials identified prior or dur ing con struc tion. • Address unforeseen conditions revealed by construction/modernization (such as plumb ing or gas line breaks, dry rot, seis mic, struc tural, etc.). • Other im prove ments re quired to com ply with ex ist ing build ing codes, including the Field Act, and ac cess re quire ments of the Amer i cans with Disabilities Act. • Neces sary site acquisition and preparation/restoration in connec tion with new construction, renovation or remodeling, or installation or removal of relocatable class rooms, in clud ing in gress and egress, re mov ing, replacing, or in stall ing ir ri ga tion, util ity lines (such as gas lines, wa ter lines, elec tri cal lines, sewer lines, and com mu ni ca tion lines), trees and land scap ing, relocating fire ac cess roads, and ac quir ing any nec es sary ease ments, li censes, or rights of way to the prop erty. • Rental or con struc tion of stor age fa cil i ties and other space on an in terim basis, as needed to accommodate construction materials, equipment, and per son nel, and in terim class rooms (in clud ing relocatables) for stu dents and school func tions or other stor age for class room ma te ri als dis placed during construction. • Ac qui si tion of any of the fa cil i ties on the Bond Pro ject List through temporary lease or lease-pur chase ar range ments, or ex e cute pur chase op tion un der leases for any of these au tho rized fa cil i ties, or re fi nanc ing or re tire ment of outstanding lease obligations. • For any project involv ing rehabilitation or renovation of a building or the ma jor por tion of a build ing, the Dis trict shall be au tho rized to pro ceed with new re place ment con struc tion in stead, if the Board of Trust ees de ter mines that replacement and new construction is more economically practical than re ha bil i ta tion and ren o va tion, con sid er ing the build ing’s age, con di tion, expected re main ing life, and other rel e vant fac tors. • All work nec es sary and in ci den tal to spe cific pro jects de scribed above, including demolition of existing struc tures. Sonoma County 49-517 9401 MEASURES, ANALYSES AND ARGUMENTS (whichever is applicable to your ballot) Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors. CONT. NEXT PAGE FULL TEXT OF MEASURE L, CONT. Each of the bond pro jects de scribed in this Bond Pro ject List in clude the costs of fur nish ing and equip ping such fa cil i ties, and all costs which are in ci den tal but di rectly re lated to the types of pro jects de scribed above. Ex am ples of in ci den tal costs in clude, but are not lim ited to: costs of de sign, en gi neer ing, ar chi tect and other professional services, facilities assess ments, inspec tions, site preparation, utilities, landscaping, construction management and other planning and permitting, legal, accounting and similar costs; independent annual financial and performance au dits; a cus tomary construction contingency; demolition and disposal of existing structures; the costs of interim housing and storage during construction including relocation and construction costs incurred relating to interim facilities; rental or construction of stor age fa cil i ties and other space on an in terim ba sis for ma te ri als and other equip - ment and furnishings displaced during construction; costs of relocating facilities and equip ment as needed in con nec tion with the pro jects; in terim class rooms and facilities for students, administrators, and school functions, including modular facilities; federal and state-mandated safety upgrades; address ing unforeseen conditions revealed by construction/modernization and other neces sary improvements re - quired to com ply with ex ist ing build ing codes; ac cess requirements of the Amer i cans with Dis abil i ties Act; nec es sary costs in curred by the Dis trict in call ing and con - duct ing the elec tion such as County ser vices and le gal costs; bond is su ance costs; and bond project construction oversight and administration during the duration of such pro jects, in clud ing by Dis trict per son nel, as per mit ted by law. The scope and na ture of any of the spe cific pro jects de scribed above may be altered by the Dis trict as re quired by un fore seen con di tions that may arise dur ing the course of de sign and con struc tion. In the event that a mod ern iza tion or ren o va tion pro ject is more eco nom i cal for the Dis trict to be un der taken as new con struc tion, this bond measure authorizes land acquisition, relocation, expansion, and construction and/or re con struc tion, and all costs re lat ing thereto, for said rea son or, alternatively, based on other con sid er ations deemed in the best in ter est of the Dis trict by the Board of Trust ees. In ad di tion, this mea sure au tho rizes the acquisition of real prop erty, in clud ing nec es sary rights of ways or other real prop erty in ter ests, re quired to ex pand Dis trict fa cil i ties, to pro vide ac cess to school or other Dis trict facilities, or to provide additional school or related facilities. In addition, authorized pro jects in clude re im burse ments for paid pro ject costs and pay ing and/or pre pay - ing in terim or pre vi ously ob tained fi nanc ing for the types of pro jects in cluded on the pro ject list, such as bond an tic i pa tion notes or lease financings re lat ing to pro jects and/or equipment previously financed. Ap proval of the Dis trict’s bond mea sure does not guar an tee that all of the iden ti fied pro jects within this Bond Pro ject List will be funded be yond what can be com pleted with lo cal funds gen er ated by the bond mea sure. The Dis trict plans to pur sue funds from the State of Cal i for nia, if avail able, to com plete cer tain of the identified facilities projects. The or der in which school fa cil i ties pro jects are listed in the fore go ing Bond Pro ject List does not sug gest an or der of pri or ity. Pro ject pri or i ties will be de ter mined by the Board of Trust ees. The Dis trict is un able to an tic i pate all un fore seen cir cum - stances which may pre vent some of the pro jects listed above from be ing undertaken or completed.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
TAX RATE STATEMENT — MEASURE L An elec tion will be held in the Old Adobe Un ion School Dis trict (the “Dis trict”) on No vem ber 6, 2018, to au tho rize the sale of up to $38.5 mil lion in bonds of the District to fi nance school fa cil i ties as de scribed in the mea sure. If such bonds are authorized and sold, prin ci pal and in ter est on the bonds will be pay able only from the pro ceeds of ad valorem tax lev ies made upon the tax able prop erty in the Dis trict. The following in for ma tion is pro vided in com pli ance with Sec tions 9400-9404 of the Elec tions Code of the State of Cal i for nia. Such in for ma tion is based upon the best es ti mates and projections presently available from official sources, upon experience within the Dis trict, and other de mon stra ble fac tors. Based upon the fore go ing and pro jec tions of the Dis trict’s as sessed val u a tion, the following information is provided: 1. The best es ti mate of the av er age an nual tax rate which would be re quired to be lev ied to fund this bond is sue over the en tire du ra tion of the bond debt ser vice, based on a pro jec tion of as sessed val u a tions avail able at the time of fil ing of this state ment, is $0.03 per $100 of as sessed val u a tion (or $30 per $100,000 of as sessed value). The fi nal fis cal year in which it is an tic i pated that the tax will be col lected is 2052-53. 2. The best es ti mate of the high est tax rate which would be re quired to be lev ied to fund this bond is sue, based on a pro jec tion of as sessed valuations avail able at the time of fil ing of this state ment, is $0.03 per $100 of as - sessed val u a tion (or $30 per $100,000 of as sessed value). It is es ti mated that such rate would be lev ied start ing in fis cal year 2019-20 and following. 3. The best es ti mate of the to tal debt ser vice, in clud ing the prin ci pal and interest, that would be re quired to be re paid if all the bonds are is sued and sold is approximately $79,000,000. Voters should note the es ti mated tax rate is based on the assessed value (not market value) of tax able prop erty on the County’s of fi cial tax rolls. In ad di tion, tax pay ers el i gi ble for a prop erty tax ex emp tion, such as the home owner’s ex emp tion, will be taxed at a lower ef fec tive tax rate than de scribed above. Prop erty own ers should con sult their own prop erty tax bills and tax ad vi sors to de ter mine their prop erty’s as sessed value and any ap pli ca ble tax ex emp tions. The at ten tion of all vot ers is di rected to the fact that the fore go ing in for ma tion is based upon pro jec tions and es ti mates only, which amounts are not max i mum amounts and du ra tions and are not bind ing upon the Dis trict. The ac tual debt service, tax rates and the years in which they will ap ply may vary from those used to pro vide the es ti mates set forth above, due to fac tors such as vari a tions in the tim ing of bond sales, the par amount of bonds sold and mar ket in ter est rates avail able at the time of each sale, ac tual as sessed val u a tions over the term of the bonds, and other factors. The date and amount of bonds sold at any given time will be de ter mined by the Dis trict based on the need for pro ject funds and other con sid er ations. The ac tual in ter est rates at which the bonds will be sold will de pend on con di tions in the bond mar ket at the time of sale. Ac tual fu ture as sessed val u a tions will de pend upon the amount and value of tax able prop erty within the Dis trict as de ter mined by the County As ses sor in the an nual as sess ment and the equal iza tion pro cess. Ss/ Craig Conte Superintendent Old Adobe Un ion School Dis trict
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
RESOLUTION NO. 700
RESOLUTION OF THE BOARD OF TRUSTEES OF THE
OLD ADOBE UNION SCHOOL DISTRICT ORDERING AN
ELECTION TO AUTHORIZE THE ISSUANCE OF SCHOOL BONDS,
ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER,
AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS
OCCURRING ON NOVEMBER 6, 2018
WHEREAS, the Old Adobe Union School District (the "District") is committed to providing quality education to its students; and
WHEREAS, District facilities need repairs, upgrades, modernization and expansion in order to provide the education District students deserve in a safe and modern environment; and
WHEREAS, a local funding source is needed to enable the District to provide said facilities for its present and future students; and
WHEREAS, the Board of Trustees of the District (the "Board") has determined that it is necessary to address the foregoing concerns, among others, to ensure that its schools are upgraded, repaired, improved and equipped; and
WHEREAS, on November 7, 2000, the voters of the State of California approved Proposition 39 ("Proposition 39"), which amended Articles XIIIA of the California Constitution ("Article XIIIA") to allow for the levy of ad valorem property taxes for the payment of bonded indebtedness of a school district, community college district or county office of education approved by at least 55 percent of the voters voting on such proposition; and
WHEREAS, upon the passage of Proposition 39, the Strict Accountability in Local School Construction Bonds Act of 2000, being California Education Code Section 15264 and following (the "Act"), became operative; and
WHEREAS, in order to address the facilities needs of the District as described herein, in the judgment of the Board, it is advisable to call an election pursuant to the Act to submit to the electors of the District the question whether bonds of the District shall be issued and sold pursuant to the authority of Article XVI Section 18 of the California Constitution and Article XIIIA (together with the Act, the "Law") for the purposes authorized by the Law and as described in Appendix A hereto (the "Full Text of Bond Measure"); and
WHEREAS, under the Act, the electiOn may be ordered at a primary or general election, a regularly scheduled local election at which all of the electors of the District are entitled to vote, or a statewide special election, upon a two-thirds vote of the Board; and
WHEREAS, the Board desires to call an election in the District pursuant to the Law on November 6, 2018, which is the date of the statewide general election, and pursuant to Education Code Section 15121 and Elections Code Section 10400 and following, to request consolidation with any and all other elections held in the District on
WHEREAS, in connection with the calling of a bond election and in accordance with Education Code Section 15100 subparagraph (c), the Board has obtained reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the County assessor, if any; and
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE OLD ADOBE UNION SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold in the maximum principal amount of $38.5 million for the purposes described in the ballot measure approved under Section 4 and attached hereto as Appendix A (Full Text of Bond Measure) and Appendix B (Abbreviated Text of Bond Measure), and paying all costs incident thereto. This Resolution constitutes the order of the District to call such election and shall constitute the "specifications of the election order" pursuant to Education Code Section 5322.
Section 3. Election Date. The date of the election shall be November 6, 2018, and such bond election shall be held solely within the boundaries of the District. The boundaries of the District have not changed since the District's last election.
Section 4. Purpose of Election; Ballot Measure. The purpose of the election shall be for the voters in the District to vote on a bond measure, a full copy of which is attached hereto as Appendix A and marked "Appendix A - Full Text of Bond Measure" (the "Full Text of the Measure"), containing the question of whether the District shall issue general obligation bonds for the purposes stated therein, together with the accountability requirements of Article XIIIA and the requirements of Section 15272 of the Act. The Full Text of the Measure, which commences with the heading "FULL TEXT OF BOND MEASURE" and includes all of the text thereafter on Appendix A, shall be printed in the voter information pamphlet provided to voters, with such measure designation as is assigned to the measure by the County elections official.
As required by Education Code Section 5322 and Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto as Appendix B and is marked as "Appendix B - Abbreviated Form of Bond Measure." Appendix B presents one option. The Board hereby authorizes and directs the County Registrar to print the Option on Appendix B on the ballot label.
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The President of the Board and the Superintendent are hereby separately authorized and directed to make any changes to the text of the measure as presented on Appendix A and Appendix B to conform to any requirements of the Law or the County Registrar, or otherwise upon the advice of its legal counsel. The preceding sentence is intended to include revisions reflecting changes in applicable law effective after the date of adoption of this Resolution. The Superintendent is authorized and directed to deliver revisions to the appendices hereto to the County Registrar through changed pages submitted under written cover letter executed by the Superintendent, or otherwise as required by the County Registrar.
Section 5. Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Education Code, Article XVI Section 18(b) of the California Constitution and paragraph (b) subsection (3) of Article XIIIA. The authority for the specification of this election order is contained in Section 5322 of the Education Code.
Section 6. Proceeds for School Facilities Projects. The Board certifies that the proceeds from the sale of the bonds will be used only for the purposes specified in Article XIII A, Section 1(b)(3) as further specified in Appendix A, and not for any other purpose, including teacher and administrator salaries and "other school operating expenses. Further, as required by Article XIIIA, the Board hereby certifies that it has evaluated safety, class size and information technology needs in developing the list of school facilities projects set forth in Appendix A.
Section 7. Covenants of the Board upon Approval of the Bonds by the Electorate; Accountability Measures. As required by Article XIIIA, Section 15278 of the Act, and Government Code Section 53410, in the event 55 percent of the voters voting in the District approve of the Bonds, the Board shall:
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Section 8. Statement Regarding State Matching Funds. The District anticipates that matching funds from the State of California, if available, may be required to complete some of the projects identified in Appendix A. In such case, as required pursuant to Education Code Section 15122.5, the following statement shall appear on the ballot: "Approval of this measure does not guarantee that the proposed project or projects that are the subject of bonds under this measure will be funded beyond the local revenues generated by this measure. The District's proposal for the project or projects described below may assume the receipt of matching state funds, which, if available, could be subject to appropriation by the Legislature or approval of a statewide bond measure." Said statement has been included in the Full Text of Measure presented in Appendix A.
Section 9. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to (1) the County Registrar, and (2) the Sonoma County Clerk of the Board of Supervisors (the "Clerk of the Board") for purposes of consolidation pursuant to Elections Code Section 10403. The Resolution shall be received by the County Registrar and the Clerk of the Board no later than 88 days prior to the election date, unless otherwise permitted by law. The Resolution shall be accompanied by the signed Tax Rate Statement referenced in Section 11 below.
The County Registrar is hereby requested to print the full text of the ballot measure in the ballot materials as it appears on Appendix A hereto and to provide all required notices of the election and other notices related thereto.
Section 10. Consolidation of Election; Request to Provide Services. The County Registrar and the Sonoma County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 6, 2018 within the District.
Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of Sonoma County is requested to permit the County Registrar to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the District agrees to reimburse Sonoma County in full from District general funds upon presentation of a bill from the 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).
Section 11. Approval of Tax Rate Statement. Pursuant to Elections Code Section 9401, a tax rate statement has been prepared in the form attached hereto as Appendix C, which form of Tax Rate Statement is hereby approved for inclusion in the sample ballot. The President of the Board, the Superintendent, or any written designee of the foregoing, are hereby separately authorized and directed to execute the tax rate statement, and to file said Statement with the County Registrar, in accordance with Section 9 hereof.
Section 12. Ballot Arguments. As provided in Elections Code Section 9501, any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument.
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Section 13. Maturity Limit of Bonds. The Bonds may be issued in series by the District from time to time, and each series of Bonds shall mature not more than the legal limit at the time of such issuance thereof. The Bonds shall be issued under the Act, under the provisions Of Section 53506 et seq. of the California Government Code, or under any other provision of law authorizing the issuance of general obligation bonds by school districts.
Section 14. Estimates Included in Ballot Materials. The measure authorized by this Resolution includes information required by law to be presented to District voters regarding the expected amount of money to be raised annually to pay issued bonds, the estimated rate of the approved tax per $100 of assessed valuation, and the period through which the proposed tax will be levied and collected. Such estimates have been provided by the District in good faith based upon information currently available to the District. The approximations and estimates depend on numerous variables which are subject to variation and change over the term of the District's overall facilities and bond financing plan. As such, while such estimates and approximations have been provided in accordance with legal requirements and the District's current expectations, such estimates and approximations are not intended by the Board to be additional restrictions on the District's bond program and bond issuances, and, other than the total principal amount of bonds authorized to be issued by the bond measure, do not represent legal maximums or additional limitations on bond issuance and are not binding upon the District.
Section 15. Engagement of Professional Services. The firm of Isom Advisors A Division of Urban Futures, Inc., as financial advisor and the firm of Jones Hall, A Professional Law Corporation, as bond counsel and disclosure counsel, are hereby engaged by the District in connection with general obligation bond proceedings and issuances. The Superintendent is directed and authorized to execute agreements on file with his office and available to the Board members.
Section 16. Official Actions. The President of the Board and the Superintendent are hereby separately authorized and directed to execute and deliver to County officials any directions, requisitions or other writings, and to make any changes to the texts of the measure as described herein and in the tax rate statement, to conform to any legal requirements or the County Registrar, in order to cause the election to be held and conducted in the District.
Section 17. Effective Date. This resolution shall take effect on and after its adoption.
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The foregoing Resolution was adopted by the Board of Trustees of the Old Adobe Union School District of Sonoma County, being the Board authorized by law to make the designations therein contained by the following vote, on June 28, 2018.
Adopted by the following votes: [4 'yes' votes required for adoption]
AYES: Anthony Bendik, Heather Burton, Michael Fung, Patsy Knight, Michael Fung
NOES: 0
ABSENT: 0
ABSTAIN: 0
By: /s/
Michael Fung, President of the Board
Attest:
By: /s/
Heather Burton,Clerk of the Board
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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
NOTICE OF ELECTION AND NOTICE TO SUBMIT ARGUMENTS
NOTICE IS HEREBY GIVEN that an election will be held in the Cloverdale Unified School District on November 6, 2018, and that the following measure(s) will be submitted to the voters:
Measure _____
To improve the quality of education; repair/replace leaky roofs; upgrade inadequate electrical systems; replace deteriorating plumbing and sewer systems; and modernize, construct classrooms, restrooms and school facilities; shall Cloverdale Unified School District issue $46,000,000 of bonds at legal rates, generating on average $2,700,000 annually as long as bonds are outstanding at a rate of approximately 6 cents per $100 assessed value, with annual audits, independent citizens' oversight, No money for salaries and all money for local schools?
_____ Bonds Yes
_____ Bonds No
NOTICE IS ALSO HEREBY GIVEN that an election will be held in the Monte Rio Union School District on November 6, 2018, and that the following measure(s) will be submitted to the voters:
Measure _____
To improve the quality of education; replace outdated heating and ventilation systems; repair or replace leaky roofs; and modernize outdated classrooms, restrooms and school facilities; shall Monte Rio Union Elementary School District issue $3,300,000 of bonds at legal rates, generating on average $234,000 annually for issued bonds through maturity from levies of approximately $0.03 per $100 assessed value, with annual audits, independent citizens' oversight committee, no money for salaries and all money for local schools?
_____ Bonds Yes
_____ Bonds No
NOTICE IS ALSO HEREBY GIVEN that an election will be held in the Oak Grove Union School District on November 6, 2018, and that the following measure(s) will be submitted to the voters:
Measure _____
To improve the quality of education; modernize and renovate classrooms, restrooms and school facilities; improve student access to computers and modern technology; and make health, safety and handicapped accessibility improvements; shall Oak Grove Union School District issue $9,500,000 of bonds at legal interest rates, raising an average $556,000 annually as long as bonds are outstanding, at a rate of 3 cents per $100 assessed value, have an independent citizens' oversight committee with no money for administrative salaries?
_____ Bonds Yes
_____ Bonds No
NOTICE IS ALSO HEREBY GIVEN that an election will be held in the Old Adobe Union School District on November 6, 2018, and that the following measure(s) will be submitted to the voters:
Measure _____
To improve the quality of education; repair and replace leaky roofs; modernize outdated classrooms, restrooms and school facilities; and improve student access to computers and modern technology; shall Old Adobe Union School District issue $38,500,000 of bonds at legal rates, generating on average $2,200,000 annually as long as bonds are outstanding at a rate of approximately 3 cents per $100 assessed value, with annual audits, independent citizen's oversight, no money for salaries and all money staying local?
_____ Bonds Yes
_____ Bonds No
NOTICE IS ALSO HEREBY GIVEN that any written arguments for or against the measure(s) to be submitted to the voters must be filed with the Office of the Registrar of Voters, 435 Fiscal Dr, Santa Rosa, CA 95403, no later than 5 p.m. on August 20, 2018. Arguments must be accompanied by a Statement of Accuracy, available from the Registrar of Voters, signed and dated by the author(s). Arguments shall not exceed 300 words.
NOTICE IS ALSO HEREBY GIVEN that if an argument in favor of and an argument against the measure(s) are submitted, copies will be mailed to the respective authors in order that they may submit a rebuttal argument. Rebuttal arguments must also be accompanied by a Statement of Accuracy, signed and dated by the author(s). The deadline for filing a rebuttal argument will be 5 p.m. on August 30, 2018. Rebuttal arguments shall not exceed 250 words.
The polls will be open on November 6, 2018, Election Day, between the hours of 7 a.m. and 8 p.m.
Dated: August 14, 2018
SEAL William F. Rousseau
Sonoma County Clerk
& Registrar of Voters
2817405 – Pub. Aug 16, 2018 1ti.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution Notice
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