Loma Prieta Joint Union Elementary Schools: Vote Yes on Measure R Bonds - Santa Cruz County - 2018 primary Election
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  Welcome    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure R Campaign

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.

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Measure R Question

7

EXHIBIT A

"To repair Loma Prieta School District's and community center, update fire alarms, water systems, electrical/heating and plumbing systems, meet health/safety codes, modernize aging classroom technology, acquire, repair, construct, equipment/sites with funding that cannot be taken by the State shall this Loma Prieta Joint Union School District measure be adopted to issue $10,600,000 in bonds at legal rates, levy on average ($670,000 annually) while bonds are outstanding, with annual audits and ?"

Bonds: Yes ___ No ___

A-l

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Impartial Analysis for Measure R

Impartial analysis of Measure R

Dana McRae, County Counsel

If approved by at least fifty-five percent of those voting on the measure, this measure will authorize the Loma Prieta Joint Union School District (the "School District") to issue bonds in an aggregate principal amount of up to $10,600,000. The bonds would constitute an indebtedness of the School District.

The money raised through the sale of the bonds may only be used by the School District for the purposes stated in the full text ballot proposition and ballot question and not for any other purpose, such as teacher or administrator salaries or other operating expenses. To ensure that the bond monies are expended for the approved purposes, the Board of Trustees of the School District will cause annual, independent performance and financial audits to be conducted, and it also will cause the appointment of a citizens' oversight committee.

The interest paid on the bonds and their terms to maturity will be limited by State law.

Payment of interest and principal relating to the bonds would be financed by a tax levied on real property within the School District. The Tax Rate Statement for Measure R which is printed in this ballot pamphlet provides information about that tax.

This measure was placed on the ballot by the Loma Prieta Joint Union School District's Board of Trustees.

A "yes" vote on Measure R is a vote to authorize the bonds to be issued and financed by ad valorem taxes levied on real property in the School District.

A "no" vote on Measure R is a vote against issuing the proposed bonds.

Santa Clara County

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE R

California law permits school districts to issue bonds with the approval of 55 percent of the voters. These bonds are paid by imposing taxes on property within a district. Such bonds may only be used for construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities.

The Board of Trustees (Board) of the Loma Prieta Joint Union School District (District) proposes issuing bonds in the amount of $10,600,000. As identified in the Measure, bond funds could be used for purposes including, but not limited to:

  • • Repairing the fire damaged community center, classrooms and school facilities;
  • • Updating water systems for drinking water and fire suppression needs;
  • • Repairing and replacing outdated fire alarm systems, security alarms and exterior lighting to improve student security and safety;
  • • Upgrading outdated heating, ventilation, lighting and electrical systems;
  • • Upgrading classrooms and educational facilities to meetcurrent health and safety codes;
  • • Removing buildings with asbestos and repairing buildings on school property on the north side of Summit Road;
  • • Modernizing aging classroom technology and infrastructure;and
  • • Improving play equipment, play surfaces, fields, sidewalksand parking areas for safety and traffic flow.

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

Under the California Constitution, these bond funds cannot be used for teacher and administrator salaries or other school operating expenses. The District also must conduct independent annual performance and financial audits. State law requires the District to have an independent citizens' oversight committee to help make sure bond funds are spent only for projects included in the Measure.

The District's stated best estimate of the highest tax rate to be imposed to fund the proposed bonds is $30 per $100,000 of assessed value based on estimated assessed valuations available at the time of the filing of the tax rate statement of the Measure.

Measure R was placed on the ballot by the Board.

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF
MEASURE R-Continued

A "yes" vote is a vote to authorize the issuance of the bonds in the amount of $10,600,000 to be secured by the levy of ad valorem 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

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Argument in Favor of Measure R

ARGUMENT IN FAVOR OF MEASURE R

Every child deserves to learn in safe, high-quality school facilities. Help make it true for our mountain students. Vote yes on Measure R for Loma Prieta Elementary and C.T. English Middle schools.

Measure R is needed to restore the classroom and office spaces lost in the Community Center fire, and make critical classroom repairs and updates. Improving classrooms and other facilities will help us deliver high-quality education.

For over sixty years, Loma Prieta Joint Union School District has been a vital resource for our mountain community. Exceptional teachers and a rigorous curriculum have prepared generations of students to succeed in high school, college, and careers. An important contributor to that education is having high-quality school facilities. Studies show that students and teachers perform better in better school facilities.

In addition, Loma Prieta schools serve as hubs for broader community connections. Our mountain schools are places for senior, youth, and adult recreation. They provide a center for emergency responders and the community.

Measure R will:

  • • Rebuild fire-damaged classrooms and community center
  • • Repair school facilities
  • • Update water systems for drinking and fire-suppression
  • • Replace outdated fire alarms and security systems
  • • Improve exterior lighting for student safety and security
  • • Replace deteriorating plumbing, electrical systems, andrestroom facilities
  • • Modernize aging classroom technology infrastructure
  • • Renovate the north campus and Loma field for school and community use

All Measure R funds stay local, benefitting only Loma Prieta district schools. The State can't take this funding away.

Taxpayer protections are required. No funds can be spent on administrators' salaries or pensions. Independent citizens' oversight and mandatory audits ensure funds are spent properly.

Whether you have school-age children or not, protecting the local quality of education is a wise investment. Good schools protect property values and keep our mountain community strong.

SC Ballot Type 076 - Page 54

PR-8443-5ENG
ARGUMENT IN FAVOR OF MEASURE R-Continued

Join teachers, parents, community leaders, businesses, and residents. Vote yes on Measure R for safe, high-quality schools.

/s/ Neil Wiley
Editor and Publisher of the Mountain Network News

/s/ Patricia Hughes
Assistant Principal, Los Gatos High School, Retired

/s/ Sanjay Khandelwal
President, Loma Prieta Community Foundation

/s/ Alexander Leman
Chief, Loma Prieta Volunteer Fire and Rescue

/s/ Deana A. Arnold
Board President, Loma Prieta School District

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Rebuttal to Argument in Favor of Measure R

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE R

The Loma Prieta Joint Union Elementary School District in 2013 received a $164 per parcel tax increase.

Now, they are back for more of your hard-earned dollars.

In 2010 the voters rejected a $95 parcel tax and voters should also reject this $10.6M bond measure/tax increase.

To paraphrase economist Milton Friedman, nothing is as permanent as a temporary tax. Since 2000 there have been 6 parcel taxes or bond measure tax increases in this district. What do you think will happen after another few years if this measure passes...or fails? You guessed it: they'll be back for more.

Spending, per student, is already $13,373 per year or 117% against the state-wide average. For a class of 24 students, that's $320,952 per class per year!

That's more than enough money to pay top dollar to highly qualified teachers AND to take care of building maintenance and repair damaged facilities.

The District wants to use bond money (30 years of interest) to buy "classroom technology infrastructure" that will be obsolete in 4-6 years. That's nuts!

Taxpayers have to live within their means. And so should the Loma Prieta Joint Union School District. This tax-and-spend frenzy has got to end.

They say there will be "citizen oversight", but who gets to choose these overseers? Answer the same people responsible for spending the bond money. That's like the fox guarding the hen house, isn't it?

You can be FOR schools, FOR students, and AGAINST Measure R.

Please vote NO on Measure R

For more information, visit http://www.SVTaxpayers.org/2018-measure-R

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

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

SC Ballot Type 076 - Page 55

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Argument Against Measure R

PR-8443-6ENG

ARGUMENT AGAINST MEASURE R

The Loma Prieta Joint Union Elementary School District in 2013 received a $164 per parcel tax increase.

Now, they are back for more of your hard-earned dollars.

In 2010 the voters rejected a $95 parcel tax and voters should also reject this $10.6M bond measure/tax increase.

To paraphrase economist Milton Friedman, nothing is as permanent as a temporary tax. Since 2000 there have been 6 parcel taxes or bond measure tax increases in this district. What do you think will happen after another few years if this measure passes…or fails? You guessed it: they'll be back for more.

They want to "repair Loma Prieta School District's fire-damaged classrooms".

So does this mean that they didn't have fire insurance to cover the damage?

If they did have fire insurance, why are they asking for more money to repair damage caused by fire? If they didn't have fire insurance, well that's just inexcusable and irresponsible.

Spending, per student, is already $13,373 per year or 117% against the state-wide average. For a class of 24 students, that's $320,952 per class per year!

That's more than enough money to pay top dollar to highly qualified teachers AND to take care of building maintenance and repair damaged facilities.

Taxpayers have to live within their means. And so should the Loma Prieta Joint Union School District. This tax-and-spend frenzy has got to end.

They say there will be "citizen oversight", but who gets to choose these overseers? Answer the same people responsible for spending the bond money. That's like the fox guarding the hen house, isn't it?

You can be FOR schools, FOR students, and AGAINST Measure R.

Please vote NO on Measure R

For more information, visit http://www.SVTaxpayers.org/2018-measure-R

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

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

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Rebuttal to Argument Against Measure R

REBUTTAL TO ARGUMENT AGAINST MEASURE R

The opponent of Measure R doesn't live in our mountain community and has made it his mission to oppose every school measure on the ballot in Santa Clara County. Measure R is absolutely needed and is a sound investment for OUR community and children.

As longtime Loma Prieta community members-we know the facts, and we're voting YES on Measure R.

Here are the facts:

FACT: Measure R is about one thing-maintaining the quality of education in our Loma Prieta Elementary and C.T. English Middle schools.

FACT: Measure R is needed to rebuild the fire damage our classrooms/community facilities have suffered and make critical repairs/updates so we can continue providing a high quality education.

FACT: The Loma Prieta Joint Union School District has fire insurance. Unfortunately, as many homeowners know, insurance does NOT cover all the costs to rebuild.

FACT: All funds benefit Loma Prieta schools and students. By law, no Measure R funds can be taken by the State or used for administrator salaries or pensions.

FACT: Measure R requires strict independent citizens oversight and annual audits to ensure that funds are spent as promised.

FACT: Loma Prieta Joint Union School District is a model of financial responsibility, making every effort to spend taxpayer dollars wisely. In 2013 voters approved a parcel tax to protect core academics and retain our highest quality teachers. Measure R is a bond to support our critical facility needs.

Don't be deceived by the opponent's inaccurate and misleading statements. Join your neighbors in protecting the outstanding quality of education in our Loma Prieta Joint Union School District. Vote YES on Measure R.

/s/ John Haak
Long-time Mountain Resident

/s/ Helen Renee Pressler
Long-time Mountain Resident

/s/ Roger Mason
President, Loma Prieta Museum

/s/ Phillippa Siersema

/s/ Shannon Hickok
Board Vice President, Loma Prieta School District

SC Ballot Type 076 - Page 56

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Full Text of Measure R

8

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE LOMA PRIETA JOINT UNION SCHOOL DISTRICT
BOND MEASURE ELECTION JUNE 5, 2018

The following is the full proposition presented to the voters by the Loma Prieta Joint Union School District.

"To repair Loma Prieta School District's fire-damaged classrooms and community center, update fire alarms, water systems, electrical/heating/plumbing systems, meet health/safety codes, modernize aging classroom technology, acquire, repair, construct, equipment/sites with funding that cannot be taken by the State shall this Loma Prieta Joint Union School District measure be adopted to issue $10,600,000 in bonds at legal rates, levy on average 3 cents/$100 assessed value ($670,000 annually) while bonds are outstanding, with annual audits and citizens oversight?"

PROJECT LIST

The Board of Trustees ("Board") of the Loma Prieta Joint Union School District is committed to the academic success of every student, and ensuring that the school facilities and grounds are safe, secure, modern and equipped to provide the best educational environment possible. To that end, the Board received input from teachers, staff and the community and evaluated the District's urgent and critical facility needs, including the need to repair fire damaged facilities as well as student safety, class size reduction, and computer and information technology, in developing the scope of projects to be funded. Therefore, in approving this Project List, the Board of Trustees determines that the District must:

  1. (i) Repair and replace fire damaged facilities; and
  2. (ii) Ensure schools and grounds are safe, clean and well-maintained; and
  3. (iii) Upgrade deteriorating plumbing, heating, air conditioning and electrical systems; and
  4. (iv) Update fire alarm systems: and
  5. (v) Adhere to specific fiscal accountability safeguards such as:
    1. (a) PROHIBIT THE STATE FROM TAKING ANY OF THE FUNDS RAISED, AND
    2. (b) Require that expenditures must be subject to annual independent financial audits, and
    3. (c) Require independent taxpayer oversight of bond funds.

B-1

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The Project List includes the following at the District schools and facilities:

BASIC RENOVATION, REPAIR AND UPGRADE PROJECTS

  • 0 Repair the fire damaged community center, classrooms and school facilities.
  • 0 Update water systems for drinking water and fire suppression needs.
  • 0 Repair and replace outdated fire alarm systems, security alarms and exterior lighting to improve student security and safety.
  • 0 Upgrade outdated heating, ventilation, lighting and electrical systems.
  • 0 Upgrade classrooms and educational facilities to meet current health and safety codes.
  • 0 Remove buildings with asbestos and repair buildings on school property on the north side of Summit Road.
  • 0 Modernize aging classroom technology and infrastructure.
  • 0 Improve play equipment, play surfaces, fields, sidewalks and parking areas for safety and traffic flow.

* * *

The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program management, and a customary contingency, and escalation for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the payment of the costs of preparation of all facility planning, facility assessment reviews and , environmental studies, construction documentation, inspection and permit fees, and temporary housing of dislocated District activities caused by bond projects, as well as the . The upgrading of technology infrastructure includes, but is not limited to, fiber modifications, servers, switches, routers, modules, computers, district-wide computer labs upgrades, sound and visual projection systems, wiring classrooms for internet connectivity, wireless networks, wireless access points and controllers, portable interface devices, mobile device management systems, printers, upgraded voice systems, call manager and network security/firewall, and other miscellaneous equipment. The repair and improvement of District facilities include the following types of projects: demolish old portables; install, acquire or repair energy efficiency improvements for school buildings, energy efficient lighting, air conditioning, heating, insulation and ceiling systems, and windows; modernize aging classroom technology and infrastructure; ; construct, upgrade, repair or install school site parking, campus accessibility, utilities, plumbing, gas lines, playground equipment, hard court surfaces, general site paving, roofs, interior and exterior lighting, water heaters, boilers, fences, sidewalks, walkway covers and casework, bell/clock systems, signage, asphalt, fire sensors, telephones, outdated heating and security systems, multipurpose rooms, playgrounds, play fields, including turf and/or artificial turf; renovate, upgrade, relocate or convert classrooms, science labs, STEAM classrooms; upgrade and reconfigure sidewalks, parking lots and drop off/pick up zones to improve student safety; make facility improvements for earthquake safety; improve emergency generator power and install solar power; complete CT Middle School B-2 10 multipurpose room buildout; upgrade electrical wiring and systems; renovate and paint interior and exterior building surfaces to extend their useful life; improve security, install safety, security and communication systems and equipment, windows and floor coverings (including tiles and carpeting); build or upgrade irrigation systems. The budget for each project is an estimate and may be affected by factors beyond the District's control. Some projects throughout the District may be undertaken as projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans are finalized, construction bids are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating enhanced and operationally efficient campuses. Necessary site preparation/restoration and landscaping, may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, redirecting fire access, and acquiring any necessary easements, licenses, or rights of way to the property.

Bond proceeds shall be expended only for the specific purposes identified herein. Proceeds of the bonds may be used to when performing work on or to the bond projects. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.

FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE 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 and other operating expenses. Bond funds shall not be temporarily transferred to the District's general fund for administrative purposes.

B-3

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Measure R Tax Rate Statement

Tax Rate Statement

Corey Kidwell, Superintendent Loma Prieta Joint Union School District

An election will be held in the Loma Prieta Joint Union School District (the "District") on June 5, 2018, to authorize the sale of up to $10,600,000 in bonds of the District to finance school facilities as described in the measure. If such bonds are authorized and sold, principal and interest on the bonds will be payable only from the proceeds of ad valorem 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. Such information is based upon the best estimates and projections presently available from official sources, upon experience within the District, and other demonstrable factors.

Based upon the foregoing and projections of the District's assessed valuation, the following information is provided:

  1. The best estimate of the average annual tax rate which would be required to be levied to fund this bond issue over the entire duration of the bond debt service, based on a projection of assessed valuations available at the time of filing of this statement, is $0.03 per $100 of assessed valuation (or $30 per $100,000 of assessed value). The final fiscal year in which it is anticipated that the tax will be collected is 2051-52.
  2. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on a projection of assessed valuations available at the time of filing of this statement, is $0.03 per $100 of assessed valuation (or $30 per $100,000 of assessed value). It is estimated that such rate would be levied starting in fiscal year 2018-19 and following.
  3. The best estimate 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 approximately $22,800,000.

Voters should note the estimated tax rate is based on the assessed value (not market value) of taxable property on the County's official tax rolls. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above. Property owners should consult their own property tax bills and tax advisors to determine their property's assessed value and any applicable tax exemptions.

The attention of all voters is directed to the fact that the foregoing information is based up on projection s and estimates only, which amounts are not maximum amounts and are not binding upon the District. The actual debt service, tax rates and the years in which they will apply may vary from those used to provide the estimates set forth above, due to factors such as variations in the timing of bond sales, the par amount of bonds sold and market interest rates available at the time of each sale, actual assessed valuations over the term of the bonds, and other factors. The date and amount of bonds sold at any given time will be determined by the District based on the need for project funds and other considerations. The actual interest rates at which the bonds will be sold will depend on conditions in the bond market at the time of sale. Actual future assessed valuations 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.

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Measure R Agenda Description

January 10, 2018 (complete item)

REGULAR BOARD MEETING – BOARD OF TRUSTEES
February 14, 2018 – Wednesday
23800 Summit Road – Loma Prieta Elementary School Forum

7. DISCUSSIONS/ACTION ITEMS

7.2 Discuss/Adopt Res. #18-XII – Ordering an Election, and Establishing Specifications of the encl. # 1 Election Order

Following extensive planning and community outreach, the Board will discuss and may adopt a resolution calling for taxpayer consideration of a bond as a vehicle to secure construction funding for projects included in the District's 10-year facilities master plan.

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Measure R Resolution

1

RESOLUTION NO. 18-XII

RESOLUTION OF THE BOARD OF TRUSTEES OF LOMA
PRIETA JOINT UNION SCHOOL DISTRICT ORDERING AN
ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE
ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") of the Loma Prieta Joint Union School District (the "District") is committed to maintaining the quality of education in local public schools by making basic repairs to each Loma Prieta Elementary School and C.T. English Middle School, repairing fire damaged facilities and protecting instruction in core subjects like math, science, reading and writing; and

WHEREAS, since the District wants its students prepared to succeed in a 21st Century economy, children need updated, full-service schools which are accessible, clean and safe learning environments; and

WHEREAS, the Board believes that to achieve that goal the District must maintain and repair classrooms, facilities and equipment, as needed, so that all facilities and campuses are efficient, safe, secure and up-to-date, all of which are critical for student health and academic performance; and

WHEREAS, the State of California (the "State") does not provide the District with enough money for the District to adequately upgrade its educational facilities and academic programs; and

WHEREAS, the Board has concluded that the District's only remedy to avoid undermining its educational programs is to secure local funding that the State cannot take away; and

WHEREAS, the Board has received information regarding the possibility of a local bond measure and its impact on protecting student safety, improving schools and making basic repairs to aging facilities; and

WHEREAS, such a bond measure also can provide funds that cannot be taken away by the State; and

WHEREAS, such a measure must include mandatory taxpayer protections, including an independent citizens' oversight committee and mandatory audits to ensure funds are spent properly; and

WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") which reduced the voter threshold for ad valorem tax levies used to pay for debt service on bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and

WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Section 15264) of the Education Code (the "Act") became operative and established requirements associated with the implementation of Proposition 39; and

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

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WHEREAS, the Board desires to authorize the submission of a proposition to the District's voters at an election to authorize the issuance of bonds to pay for certain necessary improvements and enhancements to District educational facilities; and

WHEREAS, the Board hereby determines that, in accordance with Opinion No. 04-110 of the Attorney General of the State of California, the restrictions in Proposition 39 which prohibit any bond money from being wasted or used for inappropriate administrative salaries or other operating expenses of the District shall be monitored strictly by the District's Citizens' Oversight Committee; and

WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the Proposition 39 limits per year per $100,000 of assessed valuation of taxable property; and

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

WHEREAS, the Board desires to authorize the filing of a tax rate statement and ballot argument in favor of the proposition to be submitted to the voters at the election; and

WHEREAS, pursuant to the Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, June 5, 2018, and to request both the Santa Clara County Registrar of Voters and the Santa Cruz County Registrar of Voters to perform certain election services for the District.

NOW THEREFORE, THE BOARD OF TRUSTEES OF THE LOMA PRIETA JOINT UNION 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 each of the Santa Clara County Registrar of Voters and the Santa Cruz County Registrar of Voters to conduct an election under the provisions of Proposition 39 and the Act and submit to the electors of the District the question of whether bonds of the District in the aggregate principal amount of up to $10,600,000 (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 June 5, 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 Exhibits "A" and "B" are subject to the following requirements and determinations:

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  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 student safety and security, class size reduction, and educational and information technology needs of the District;
  3. (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;
  4. (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;
  5. (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 initially consist of at least seven (7) members and at no time consist of less than seven (7) members, with the possible exception of brief periods to fill any unexpected vacancies. The Citizens' Oversight Committee may not include any employee or official of the District or any vendor, contractor or consultant of the District. The Citizens' Oversight Committee shall include all of the following: One (1) member who is active in a business organization representing the business community located within the District; One (1) member who is active in a senior citizens' organization; One member who is active in a bona fide taxpayer association; One (1) member who is a parent of a child in the District schools; One (1) member is both a parent of a child in the District schools and active in a school site council, PTA or Home and School Club. 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) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
    2. (ii) Inspect District facilities and grounds to ensure that Proposition 39 bond revenues are expended in compliance with applicable law;
    3. (iii) Receive and review copies of all deferred maintenance proposals or plans developed by the District;
    4. (iv) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs;
    5. (v) Receive from the Board, within three months of District receiving the above- referenced audits, responses to any and all findings, recommendations, and concerns addressed in said audits, and review said responses; and
  6. (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.
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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.

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

Section 6. That the Santa Clara County Registrar of Voters, the Santa Clara County Board of Supervisors, the Santa Cruz County Registrar of Voters and the Santa Cruz County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 5, 2018 within the District. Pursuant to Elections Code Section 10403, the Board acknowledges that the consolidation election will be held and conducted in the manner described in Elections Code Section 10408.

Section 7. That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to each of the Santa Clara County Registrar of Voters and the Santa Cruz County Registrar of Voters no later than March 9, 2018.

Section 8. The Bonds shall be issued pursuant to Section 15264 et seq. of the Education Code or pursuant to Government Code Section 53506. The maximum rate of interest on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531.

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 each of the Santa Clara County Registrar of Voters and the Santa Cruz County Registrar of Voters by the established deadlines.

Section 10. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the respective Boards of Supervisors of Santa Clara County and Santa Cruz County are requested to permit the Registrar of Voters to render all services specified by Elections Code Section 10418 relating to the election, for which services the District agrees to reimburse each of Santa Clara County and Santa Cruz County, such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Elections Code Section 9401) pursuant to the terms of Section 5363 of the Education Code and Elections Code Section 12112.

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ADOPTED, SIGNED AND APPROVED this 14th day of February, 2018.

BOARD OF TRUSTEES OF THE LOMA PRIETA
JOINT UNION SCHOOL DISTRICT

By Deana C Arnold
President

Attest:

/s/ Cory Kidwell
Secretary

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STATE OF CALIFORNIA )
)ss
SANTA CLARA COUNTY

I, Corey Kidwell, do hereby certify that the foregoing is a true and correct copy of Resolution No. 18-XII , which was duly adopted by the Board of Trustees of Loma Prieta Joint Union School District at the meeting thereof held on the 14th day of February, 2018, and that it was so adopted by the following vote:

AYES: Ron Bourque, Marco Menendez , Kerrie Mills , Shannon Hickok, Deana Arnold

NOES: 0

ABSENT: 0

ABSTENTIONS: o

By /s/ Cory Kidwell
Secretary

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