Commentary on Measure D

Are you sure you want vote to support this extravagant measure? It has no accountability.

This campaign was designed by Caldwell Flores Winters Inc (John Castanon). 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, hover overCriticalExample commentary. it to see the commentary.

Measure D Question

To construct a new gymnasium/multi-purpose room, enhance student safety and security, restructure the main entrance, modernize classrooms and support facilities, including restrooms, upgrade playgrounds and athletic fields, and provide the local match for State grants, shall the Gerber Union Elementary School District issue $6,500,000 of bonds at legal rates, repayment averaging $435,700 annually while bonds are outstanding, at a rate of approximately 8.1 cents per $100 of assessed value, with annual audits and NO money for administrator salaries?

Argument in Favor of Measure D

GERBER UNION ELEMENTARY SCHOOL DISTRICT
ARGUMENT IN FAVOR OF MEASURE "D"

Gerber Union Elementary School is the center of our community. Gerber School prepares our kids for the future, provides a place for events, and serves as a resource during emergencies. We need a safe school and a quality learning environment where every student can maximize his or her fullest potential. Our kids deserve the same opportunities offered by other California school districts.

Gerber School has always provided services to our community. For the first time in a generation, local voters are being asked to approve a $6.5 million bond authorization. Gerber School is simultaneously seeking $5.5 million in State matching grants. The bond funding and State grants will pay for a new gymnasium/multipurpose facility and fund modernization projects that will greatly improve safety and the learning environment.

We need your 'YES' vote on Measure "D" to modernize aging classrooms, enhance student and staff safety, construct a new gymnasium, upgrade/repair parking lots, renovate restrooms, and support facilities. The gymnasium will become the center for school athletics, student performing arts, after school activities, as well as opportunities for community events.

We will:

• 0 Improve student safety and enhance campus security
• 0 Build a gymnasium/multipurpose facility
• 0 Build/modernize classrooms, restrooms and support facilities
• 0 Revamp the drop-off and pick-up zones, improve traffic flow, repair/build parking lot

All bond expenditures are shared with the community through annual financial audits. Information will be reviewed by a citizens' oversight committee. No bond money will be taken by the State or used for administrator salaries.

Help us create an educational environment that enhances learning and provides teachers with the tools they need to prepare our kids for the 21st Century.

Our community and Gerber School have an opportunity to come together, to create a better school for our kids. Please vote 'YES' on Measure "D".

Argument Against Measure D

No Argument Against Filed.

Full Text of Measure D

EXHIBIT A

GERBER UNION ELEMENTARY SCHOOL DISTRICT

BOND PROJECT LIST

• 0 Build a gymnasium/ multipurpose room to support educational programs and after-school programs for both student and community use, indoors as well as outdoors.
• 0 Build, furnish and equip new state-of-the art classrooms and support facilities including restrooms.
• 0 Improve student health and safety systems; including restructure main entrance, security, fire life safety systems, exterior lighting and student pick-up/ drop off areas, improved fencing, gates, security cameras and controlled access systems.
• 0 Upgrade infrastructure technology to better prepare students for high school and future careers.
• 0 Provide the local match to access State and federal grants to modernize, construct and repair schools.
• 0 Address unforeseen conditions revealed by construction/ modernization (e.g. plumbing or gas line breaks/ repairs, dry rot, seismic, structural, etc).

Each of the bond projects described in the Bond Project List include the costs of incidental but directly related to the specific projects described above. Examples of such costs include, but are not limited to: costs of design, engineering, architect and other professional services, inspections, site preparation, utilities, landscaping, construction management and other planning and permitting, legal, accounting and similar costs; independent annual financial and performance audits; a customary construction contingency; demolition and disposal of existing structures; rental or construction of storage facilities and other space on an interim basis for materials and other equipment and furnishings displaced during construction; costs of relocating facilities and equipment as needed in connection with the projects; interim classrooms and facilities for students, administrators, and school functions, including modular facilities; federal and state-mandated safety upgrades; addressing unforeseen conditions revealed by construction/modernization and other necessary improvements required to comply with existing building codes, including the Field Act; access requirements of the Americans with Disabilities Act; costs of the election; bond issuance costs; and project administration during the duration of such projects, as permitted by law.

The scope and nature of any of the specific projects described above may be altered by the District as required by unforeseen conditions that may arise during the course of design and construction. Projects authorized by this measure providing for upgrades, replacement, modernization and/ or improvements include new construction, acquisition, expansion, replacement, reconfiguration and/or rehabilitation, as deemed in the best interests of the District by the District Board. In the event that a modernization or renovation project will result in higher costs than relocation and construction, this bond measure authorizes land acquisition, relocation and reconstruction, and all costs relating thereto, for said reasons or based on other considerations deemed in the best interest of the District by the Board. In addition, this measure authorizes the acquisition of interests in real property including necessary rights of way and easements, and joint-use projects with other public entities or nonprofits. In addition, authorized projects include paying and/ or prepaying interim financing which may be or have been obtained for said projects such as bond anticipation notes, and includes prepayment of financing lease payments to vest title in the District.

Exhibit A
Page 1

Approval of the District's bond measure does not guarantee that all of the identified projects within this Bond Project List will be funded beyond what can be completed with local funds generated by the bond measure. The District plans to pursue funds from the State of California, if available, to complete certain of the identified facilities projects. In addition, the issuance of bonds pursuant to this measure depends in part on the assessed valuation of properties in the District and as a result issuance may require approval from the State Department of Education for a waiver of the District's bonding capacity.

The order in which school facilities projects are listed in the Project List does not suggest an order of priority. Project priorities will be determined by the Board. The District is unable to anticipate all unforeseen circumstances which may prevent some of the projects listed above from being undertaken or completed.

Exhibit A
Page 2

Measure D Tax Rate Statement

EXHIBIT B

TAX RATE STATEMENT

An election will be held in the Gerber Union Elementary School District (the "District") on November 6, 2018, to authorize the sale of up to $6,500,000 in bonds of the District for the specific school facilities projects listed in the Bond Project List established by the District, as described in the proposition. If the bonds are authorized and a State bonding capacity waiver is received, the District expects to sell the bonds in two or more series. 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 9400-9404 of the Elections Code of the State of California.

1. 1. The best estimate from official sources of the average annual tax rate that would be required to be levied to fund that 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 8.1 cents per $100 of assessed valuation ($81.00 per $100,000 of assessed valuation) of all property to be taxed. The best estimate of the final fiscal year in which the tax is anticipated to be collected is 2019-20.
2. 2. The best estimate from official sources of the highest tax rate that would be required to be levied to fund that bond issue, and an estimate of the year in which that rate will apply, 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 8.1 cents per $100 of assessed valuation ($81.00 per $100,000 of assessed valuation) of all property to be taxed. The best estimate of the year in which the highest tax rate will apply is anticipated to be 2019-20.
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 is $13,070,864.

Voters should note that such estimated tax rates are specific to the repayment of bonds issued under this authorization and are and will be in addition to tax rates levied in connection with other bond authorizations approved or to be approved by the District or any other overlapping public agency.

Voters should note that estimated tax rate is based on the ASSESSED VALUE of taxable property on Tehama County's 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 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 Tehama County Assessor in the annual assessment and the equalization process.

Dated: June 19, 2018.
s/
Superintendent

Exhibit B

Measure D Agenda Description

Agenda of June 18, 2018 (complete item)

GERBER UNION ELEMENTARY SCHOOL DISTRICT
23014 Chard Avenue - Gerber, CA 96035
SPECIAL MEETING, BOARD OF TRUSTEES
Monday, June 18, 2018

4. HEARING OF PERSONS DESIRING TO ADDRESS THE BOARD

4.2 CFW presentation for November bond

Agenda of June 19, 2018 (complete item)

GERBER UNION ELEMENTARY SCHOOL DISTRICT
23014 Chard Avenue - Gerber, CA 96035
SPECIAL MEETING, BOARD OF TRUSTEES
Tuesday, June 19, 2018

Measure D Resolution

Quint & Thimmig LLP 06/13/18

GERBER UNION ELEMENTARY SCHOOL DISTRICT

RESOLUTION NO. _2018-15_

RESOLUTION OF THE BOARD OF TRUSTEES OF THE GERBER UNION
ELEMENTARY SCHOOL DISTRICT ORDERING A SCHOOL BOND ELECTION,
AND AUTHORIZING NECESSARY ACTIONS IN CONNECTION THEREWITH

WHEREAS, the Board of Trustees (the "Board") of the Gerber Union Elementary School District (the "District"), within Tehama County, California (the "County"), 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 (the "Education Code");

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 California Education Code;

WHEREAS, Section 1(a) of Article XIIIA of the California Constitution enacted in 1978, subject to exceptions set forth therein, limits ad valorem taxes on real prOperty to one percent (1%) of the full cash value of such property;

WHEREAS, Proposition 46, approved by the voters of the State of California in June, 1986 added a provision to Section 1(b) of Article XIIIA to exempt from such one percent (1%) of full cash value limitation, those ad valorem taxes used to pay debt service of any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds (2/ 3) of the votes cast by the voters voting on the proposition for bonded indebtedness;

WHEREAS, on November 6, 2018, a statewide general election is scheduled to occur throughout the District;

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;

WHEREAS, the Board has determined to order the Tehama County Registrar of Voters ("County Registrar") to conduct an election within the District on the question of whether Bonds shall be authorized to be issued and sold for the purposes set forth herein; 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; and

NOW, THEREFORE, be it resolved, determined and ordered by the Board of Trustees of the Gerber Union Elementary School District as follows:

Section 1. Specifications of Election Order. Pursuant to sections 5304, 5322 and 15100 et seq., of the California Education Code, an election shall be held within the boundaries of the District on November 6, 2018, for the purpose of submitting to the registered voters of the District the following proposition:

BOND AUTHORIZATION

By approval of this proposition by at least 2/3 of the registered voters voting on the proposition, the District shall be authorized to issue and sell bonds of up to $6,500,000 in aggregate principal amount to provide financing for the school facilities projects listed in the Bond Project List attached hereto as Exhibit A.

The Bonds may be issued in one or more series by the District from time to time, and each series of Bonds shall mature not more than 40 years from the date of issuance thereof. The Bonds may be issued under the provisions of the Education Code, under the provisions of section 53506 of the California Government Code, or under any other provisions of law authorizing the issuance of general obligation bonds by school districts.

BOND PROJECT LIST

The Bond Project List attached to this resolution as Exhibit A shall be considered a part of the ballot proposition, and shall be reproduced in any official document required to contain the full statement of the bond proposition.

The Bond Project List, which is an integral part of this proposition, lists the projects the District proposes to finance with proceeds of the Bonds. Such projects will be completed as needed. Each project is assumed to include its share of costs of the election and bond issuance, architectural, engineering, and similar planning costs, construction management, and a customary contingency for unforeseen design and construction costs. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. In addition, certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured. Therefore the Board cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects.

BOND ACCOUNTABILITY

Pursuant to Government Code Section 53410 and 53411, the Board hereby finds, determines and directs as follows:

1. (a) The purpose of the Bonds to be authorized pursuant to the election is to finance the school facilities projects listed in the Bond Project List.
2. (b) The Board hereby provides that at the time the Bonds are authorized by the Board for issuance and sale, the Board shall provide, in such issuance resolution or other bond issuance documents, that the proceeds of the Bonds shall be used only for the school facilities projects listed in the Bond Project List.
3. (c) The Board hereby provides that at the time the Bonds are authorized by the Board for issuance and sale, the Board shall provide in such issuance resolution or other bond issuance documents for the creation of one or more funds or accounts (which may include subaccounts) into which the proceeds of the Bonds, or each series of Bonds as the case may be, shall be deposited. The Bonds may be issued in one or more series consistent with applicable law, and the provisions and restrictions of these bond accountability provisions shall apply to each such series of the Bonds.

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4. (d) The District's chief business official shall have the responsibility (once the Bonds are authorized and issued) to provide to the Board, no less often than annually, a written report which shall contain at least the following information:
1. (i) The amount of the Bond proceeds received and expended within the identified period of time. If no Bonds have been issued and sold, the report may simply note such situation; and
2. (ii) In the event that Bonds have been issued and sold, and proceeds therefore received, the report shall include the status of the acquisition, construction, or financing of the school facilities projects listed in the Bond Project List with the proceeds of such Bonds or series of Bonds.

Such report may be combined with other periodic reports which include the same information, including, but not limited to, periodic reports made to the California Debt and Investment Advisory Commission or continuing disclosure reports or other reports made in connection with the Bonds or any series thereof.

5. (e) Proceeds from the sale of the Bonds authorized by this proposition shall be used only for costs incurred in connection with funding of the Projects and the cost of the issuance of the Bonds, and not for any other purpose, including staff and administrator salaries and other operating expenses.
6. (f) The Board may establish an independent citizens' oversight committee to ensure Bond proceeds are expended only for the Projects authorized by the ballot measure.

These bond accountability provisions shall apply only until all Bond proceeds are expended, all Bonds, or each series of Bonds, are redeemed or defeased, but if the Bonds or any series of Bonds are refunded, such provisions shall apply until all such refunding Bonds are redeemed or defeased.

Section 2. Ballot Proposition. Pursuant to section 13247 of the California Elections Code and section 15122 of the California Education Code, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot:

"To construct a new gymnasium/multi-purpose room, enhance student safety and security, restructure the main entrance, modernize classrooms and support facilities, including restrooms, upgrade playgrounds and athletic fields, and provide the local match for State grants, shall the Gerber Union Elementary School District issue $6,500,000 of bonds at legal rates, repayment averaging $435,700 annually while bonds are outstanding, at a rate of approximately 8.1 cents per $100 of assessed value, with annual audits and NO money for administrator salaries?"

Section 3. Voter Pamphlet. The Registrar of Voters of the County is hereby requested to reprint Section 1 hereof (including Exhibit A hereto) in its entirety in the voter information pamphlets to be distributed to voters pursuant to section 13307 of the California Elections Code. In the event Section 1 is not reprinted in the voter information pamphlets in its entirety, the Registrar of Voters of the County is hereby requested to print, immediately below the impartial analysis of the bond preposition, 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 Tehama County Registrar of Voters at (530) 527-3350 and a copy will be mailed at no cost to you."

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Section 4. Required Vote. Pursuant to Article XIII A of the State Constitution, the above proposition shall become effective upon the affirmative vote of at least 2/3 of those voters voting on the preposition.

Section 5. Matching Funds. Pursuant to section 151225 of the California Education Code, the District hereby requests that the Registrar of Voters of the County include the following statement in the ballot pamphlet:

Approval of Measure __ does not guarantee that the proposed project or projects in the Gerber Union Elementary School District that are the subject of bonds under Measure __ will be funded beyond the local revenues generated by Measure __. The school district's proposal for the project or projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.

Section 6. Request to County Officers to Conduct Election. The Registrar of Voters of the County 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.

Section 7. Consolidation Requirement; Canvass.

1. (a) The election shall be consolidated with the statewide general election on November 6, 2018.
2. (b) The Board of Supervisors of the County is authorized and requested to canvass the returns of the election, pursuant to section 10411 of the California Elections Code.

Section 8. Tax Rate Statement. The Superintendent or the Superintendent's designee, is hereby directed to execute a Tax Rate Statement (prepared or provided pursuant to sections 9400-9404 of the California Elections Code).

Section 9. Delivery of Order of Election to County Officers. The Clerk of the Board of Trustees of the District is hereby directed to deliver, no later than August 12, 2018, one copy of this Resolution to the County Superintendent of Schools and the Registrar of Voters of the County together with the Tax Rate Statement (attached hereto as Exhibit B), completed and signed by the Superintendent, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County.

Section 10. Ballot Arguments. The members of the Board are hereby authorized, but not directed, to prepare and file with the Registrar of Voters of the County a ballot argument in favor of the proposition contained in Section 1 hereof, within the time established by the Registrar of Voters of the County.

Section 11. Further Authorization. The members of this Board, the Superintendent, and all other officers of the District are hereby authorized, individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this resolution.

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

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PASSED AND ADOPTED this 19th day of June, 2018, by the following vote:

AYES: _Vasquez_, _Duran_, _Kennedy_, _Badgett_

NAYS: 0

ABSTAIN: 0

ABSENT: _Martinez_

APPROVED:

/s
President of the Board of Trustees of the
Gerber Union Elementary School District

Attest:

/s
Clerk of the Board of Trustees of the
Gerber Union Elementary School District

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CLERK'S CERTIFICATE

I, , Clerk of the Board of Trustees of the Gerber Union Elementary School District, of Tehama County, California, hereby certify as follows:

The attached is a full, true and correct copy of a resolution duly adopted at a meeting of the Board of Trustees of the District duly and regularly held at the regular meeting place thereof on June 19, 2018, and entered in the minutes thereof, of which meeting all of the members of the Board of Trustees had due notice and at which a quorum thereof was present. The resolution was adopted by the following vote:

AYES: _Vasquez_, _Duran_, _Kennedy_, _Badgett_

NOES:

ABSTAIN:

ABSENT: _Martinez_

At least 24 hours before the time of said meeting, a written notice and agenda of the meeting was mailed and received by or personally delivered to each member of the Board of Trustees not having waived notice thereof, and to each local newspaper of general circulation, radio, and television station requesting such notice in writing, and was posted in a location freely accessible to members of the public, and a brief description of the resolution appeared on said agenda.

I have carefully compared the same with the original minutes of the meeting on file and of record in my office. The resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect.

WITNESS my hand this _19th_ day of _June_, 2018.

/s
Clerk of the Board of Trustees
Gerber Union Elementary School District

Measure D Notice of Election

LEGAL NOTICE

NOTICE BY TEHAMA COUNTY CLERK & RECORDER
OF CONSOLIDATED GENERAL ELECTION FOR COUNTY OF TEHAMA
NOTICE OF DATE FIXED FOR SUBMITTING VERIFIED ARGUMENTS ON MEASURES

NOTICE IS HEREBY GIVEN that the following Measure D is to be voted on at the Consolidated General Election to be held in the Gerber Union Elementary School District, on Tuesday, November 6, 2018. The following measures will be submitted to the electorate of the Gerber Union Elementary School District:

MEASURE D

"To construct a new gymnasium/multi-purpose room, enhance student safety and security, restructure the main entrance, modernize classrooms and support facilities, including restrooms, upgrade playgrounds and athletic fields, and provide the local match for State grants, shall the Gerber Union Elementary School District Issue $6,500,000 of bonds at legal rates, repayment averaging $435,700 annually while bonds are outstanding, at a rate of approximately 8.1 cents per $100 of assessed value, with annual audits and NO money for administrator salaries?"

Verified Arguments for and against this measure may be submitted to the office of the Tehama County Elections at 633 Washington St, Room 17, Red Bluff no later than 5:00 P.M. on Wednesday, August 22, 2018, which has been determined by the County Clerk under the authority of California Elections Code Sections 9163 to be a reasonable date based on the time necessary to prepare and submit the arguments. No argument shall exceed 300 words in length.

Pursuant to Section 9503 of the California Elections Code, one argument for and one argument against each measure will be selected for printing and distribution to the voters in the voter pamphlet. Preference and priority in selection will be given to arguments as follows:

1. The governing board of the district, or member or members of the legislative body authorized by that body;

2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure;

3. Bona fide associations of citizens;

4. Individual voters who are eligible to vote on the measure.

Dated: August 10, 2018

JENNIFER A. VISE,
County Clerk,
County of Tehama
State of California

Publish: August 14. 2018

EX*11-03/07/17