Vallecito Union Schools: Vote Yes on Measure E Bonds - Calaveras County - 2018 General Election
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Why didn't Vallecito Union tell you specifically what it will do with the $11,000,000 in Measure E?

We Could Really Use Your Help!

Real Grassroots Against Measure E

Visit our web page.

Send us a message.

Give us a call (or send a text) 909-378-5401.

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

Commentary on Measure E

#HonestBallots Movement

Your Calaveras 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 Vallecito 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, Calaveras, 0640680, and your name) at 909-378-5401 right now for details. It's urgent and very time-sensitive.

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

This campaign was designed by a member of the school bonds cartel. We figured out just the right words to get you to you to open up your checkbook.

We'd also like to introduce you to our partners -- bond lawyers, brokers, wealthy investors, architects, management firms, construction companies, and trade unions. We all stand to make a ton of money on these bonds. Our profits come right off the top, before a penny is actually spent on improving the facilities.

We're not just doing it for the money. We like to show off our work in Architectural Digest and other places where the rich and famous congregate.

Remember, we've taken a lot of risk. We gave money to get your governing board members elected, so they'd be sure to remember us when we came around for a hand-out later.

It's just business-as-usual, here in sunny Corruptifornia.

Please don't read the fine print. That's just put in by the lawyers to make what we're going to do to for you legal.

When you see highlighting in the documents below, it to see the commentary.

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

Measure E Question

To renovate, construct, equip, repair and improve classrooms and school facilities, including deteriorating roofs, heating and air conditioning systems, and construct a new multi-purpose room, shall Vallecito Union School District issue $11,000,000 in bonds under a no-tax-rate-increase-financing-plan, with an estimated levy of 3 cents per $100 of assessed valuation averaging $1.1 million raised per year anticipated through 2036, at legal rates, with annual audits and independent citizen oversight?

The following statement was prepared in the hope the legislature would suspend the law (AB-195) that required districts to inform you of the amount of taxes for which you're voting. It's all about deceiving the voters. The school bonds cartel has no shame. It just wants your money. The ends justify the means.

One of the notorious budget trailer bills was amended in May to allow the district to keep you in the dark. Unfortunately for them, Dan Walters got wind of it and castigated the legislature for their sleazy and unscrupulous conduct. The budget trailer bill never came to a vote before the August 10 filing deadline. So the issue is moot.

To renovate, construct, equip, repair and improve classrooms and school facilities, including deteriorating roofs, heating and air conditioning systems, and construct a new multi-purpose room, shall Vallecito Union School District issue $11,000,000 in bonds under a no-tax-rate-increase-financing-plan, , at legal rates, with annual audits and independent citizen oversight?

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

Impartial Analysis for Measure E

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IMPARTIAL ANALYSIS BY COUNTY COUNSEL

VALLECITO UNION SCHOOL DISTRICT

MEASURE E

To renovate, construct, equip, repair and improve classrooms and school facilities, including deteriorating roofs, heating and air conditioning systems, and construct a new multi-purpose room, shall Vallecito Union School District issue $11,000,000 in bonds under a no-tax-rateincrease financing plan, with an estimated levy of 3 cents per $100 of assessed valuation averaging $1.1 million raised per year anticipated through 2036, at legal rates, with annual audits and independent citizen oversight?

This Measure has been placed on the ballot by the Governing Board of the Vallecito Union School District. The measure would authorize the District to finance new and existing school site facility improvements by the issuance of bonds in the amount of eleven million dollars ($11,000,000). Proceeds from the sale of bonds authorized by this measure may be used only for the construction, reconstruction, replacement, or rehabilitation of school facilities, or for the acquisition or lease of real property for school facilities, and not for other purposes, such as teacher/administrator salaries and other operating expenses. Bonds issued pursuant to Education Code section 15100 et seq. must be paid back with interest not to exceed eight percent (8%) per year for a period not exceeding twenty-five (25) years.

A "no" vote on this Measure is a vote against authorizing the District to issue bonds to finance school site facility improvements.

Measure E must be approved by fifty-five percent (55%) of the qualified registered voters of the District voting upon said Measure to become effective.

MEGAN STEDTFELD
COUNTY COUNSEL

By: SARAH DeKAY
DEPUTY COUNTY COUNSEL

Any person desiring the details of the proposed Measure may telephone Vallecito Union School District at (209) 795-8500.

THE ABOVE STATEMENT IS AN IMPARTIAL ANALYSIS OF MEASURE E. IF YOU DESIRE A COPY OF THE MEASURE, PLEASE CALL THE ELECTIONS OFFICE AT (209) 754-6376, AND A COPY WILL BE MAILED TO YOU FREE OF CHARGE.

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

Argument in Favor of Measure E

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ARGUMENT IN FAVOR OF MEASURE E

VALLECITO UNION SCHOOL DISTRICT

MEASURE E

Without increasing current tax rates, your yes vote on Measure E will authorize locally controlled funding for the repair and improvement of classrooms at Hazel Fischer and Albert Michelson Elementary Schools and Avery Middle School.

We all agree that the communities served by Vallecito Union School District are extraordinarily special. Those of us who live here are incredibly fortunate to call this unique part of the state our home. But we also know that living here requires both independence and the willingness to help each other when needed.

Today, the schools of Vallecito Union School District need your help. It has been over 20 years since we passed a local bond. Measure E will repair and protect our communities' most valuable assets – our local public schools – without increasing tax rates above what is currently being paid.

Measure E will improve our local schools:
Renovating aging classrooms and school buildings
Repairing leaky roofs, electrical wiring and deteriorating plumbing and sewer systems
Upgrading and replacing outdated heating and air-conditioning systems
Improving cafeteria and kitchen facilities

Measure E will protect taxpayers:
Improving schools by without increasing property tax rates
Making our schools eligible for state matching funds
Prohibiting funds from being used for general operating expenses
Requiring independent taxpayer oversight
Imposing tough legal safeguards requiring all monies to be spent on our local schools
Prohibiting the state taking our bond money and spending it in other districts

Vote yes for safer schools.

Vote yes for 21st century education facilities.

Vote yes to protect taxpayers with independent financial audits.

Vote yes to enhance property values and home prices by improving our local schools.

To provide for better schools and safer classrooms, please join parents, grandparents, families, neighbors, teachers, and local business and community leaders in voting yes on Measure E.

Vallecito Union School District

/s/ Thomas Eising

/s/ Sarah Wilson

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

Argument Against Measure E

ARGUMENT AGAINST MEASURE E

VALLECITO UNION SCHOOL DISTRICT

MEASURE E

(None Filed)

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Full Text of Measure E

7

EXHIBIT A

FULL TEXT OF BOND PROPOSITION

VALLECITO UNION SCHOOL DISTRICT
CLASSROOM SAFETY, RENOVATION AND IMPROVEMENT
MEASURE

This proposition may be known and referred to as the "Vallecito Union School District Classroom Safety, Renovation and Improvement Measure" or as "Measure _". [designation to be assigned by County Registrar of Voters]

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the voters of the Vallecito Union School District (the "District") voting on the proposition, the District shall be authorized to issue and Sell bonds of up to $11,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed under the heading entitled "BOND PROJECT LIST" below (the "Bond Project List"), and qualify to receive State of California matching grant funds, subject to all of the accountability safeguards specified below.

ACCOUNTABILITY SAFEGUARDS

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

Evaluation of Needs. The Governing Board of the District (the "Board") has prepared a needs assessment in order to evaluate and address all of the facilities needs of the District at each campus and facility, and to determine which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.

Limitations on Use of Bonds. Proceeds from the sale of bonds authorized by this proposition shall be used only for the 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, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

Independent Citizens' Oversight Committee. The Board shall establish an independent citizens' oversight committee (pursuant to Education Code A-1
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8 Section 15278 and following), to ensure bond proceeds are expended only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date that the Board enters the election results on its minutes pursuant to Section 15274 of the Education Code. In accordance with Section 15282 of the Education Code, the citizens' oversight committee shall consist of at least seven members and shall include a member active in a business organization representing the business community located within the District, a member active in a senior citizens' organization, a member active in a bona fide taxpayers' organization, a member that is a parent or guardian of a child enrolled in the District, and a member that is both a parent or guardian of a child enrolled in the District and active in a parent-teacher organization. No employee or official of the District and no vendor, contractor or consultant of the District shall be appointed to the citizens' oversight committee.

Annual Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for performance audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.

Annual Financial Audits. The Board shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent of the District shall cause a report to be filed with the Board no later than January 1 of each year, commencing on the first January 1 after the sale of the first series of bonds, stating (a) the amount of bond proceeds received and expended in that year, and (b) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent of the District shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

FURTHER SPECIFICATIONS

Joint-Use Projects. The District may enter into agreements with other public agencies or nonprofit organizations for joint use of school facilities financed with the proceeds of the bonds in accordance with Education Code A-2
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9 Section 17077.42 (or any successor provision). The District may seek State grant funds for eligible joint-use projects as permitted by law, and this proposition hereby specifies and acknowledges that bond funds will or may be used to fund all or a portion of the local share for any eligible joint-use projects identified in the Bond Project List or as otherwise permitted by California State regulations, as the Board shall determine.

Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100, and all the enumerated purposes shall constitute the specific single purpose of the bonds, and proceeds of the bonds shall be spent only for such purpose, pursuant to California Government Code Section 53410.

Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest shall be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature more than the statutory maximum number of years from the date borne by that bond.

NO-TAX-RATE-INCREASE FINANCING PLAN

The District is required by law to make its best estimates of the ad valorem property tax rate required to be levied on all taxable property in the District to pay debt service on the proposed bonds. These estimates and the factors that might cause the tax rate to vary from these estimates in the future are described in the Tax Information Statement that the County Registrar of Voters is required to print in the Voter Information Pamphlet to be distributed to voters in connection with the election. It is the District's current plan to structure the proposed bonds so that the tax rate necessary to pay debt service on those bonds, when combined with the tax rate necessary to pay debt service on currently outstanding bonds in each year, will not exceed the rate levied in the current fiscal year (fiscal year 2017-18) to pay debt service on the currently outstanding bonds alone.

ESTIMATED BALLOT INFORMATION

The District is required by law to include in the statement of the measure to be voted on estimates of the amount of money to be raised annually to repay the bonds and the rate and duration of the tax to be levied for the bonds. As of the time this proposition was placed on the ballot, the District estimated an average of $1,100,000 would be raised annually for the repayment of the authorized bonds through approximately 2036 at a projected tax rate of 3 cents per $100 of assessed valuation. Attention of all voters is directed to the fact that such information is based upon the District's projections and estimates only, which are not binding upon the District. The amount of money to be raised annually and the rate and duration of the tax to be levied for the bonds 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 A-3
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10 based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.

BOND PROJECT LIST

The Bond Project List below lists the specific projects the District proposes to finance with proceeds of the bonds. The Bond Project List shall be considered a part of the bond proposition and shall be reproduced in any official document required to contain the full statement of the bond proposition. Listed projects will be completed as needed at a particular school or facility site according to Board-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. Any authorized repairs shall be capital expenditures. The Bond Project List does not authorize non-capital expenditures. Each project is assumed to include its share of costs of the election and bond issuance, construction-related costs, such as project and construction management, architectural, engineering, inspection and similar planning and testing costs, demolition and interim housing costs, legal, accounting and similar fees, costs related to the independent annual financial and performance audits, a contingency for unforeseen design and construction costs, and other costs incidental to or necessary for completion of the listed projects (whether the related work is performed by the District or third parties). 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 of California 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. Alternatively, if the District obtains unexpected funds from non-bond sources with respect to listed projects, such projects may be enhanced, supplemented or expanded to the extent of such funds. Some projects may be subject to further government approvals, including by State officials and boards and/or local environmental or agency approval. Inclusion of a project on the Bond Project List is not a guarantee that the project will be completed (regardless of whether bond funds are available).

The specific projects authorized to be financed with proceeds of the bonds under this proposition are as follows:

CLASSROOM SAFETY, RENOVATION AND
IMPROVEMENT PROJECTS

DISTRICT WIDE

The following projects are authorized to be financed District wide:

  • 0 Modernize, upgrade, renovate, rehabilitate, re-configure, expand and/or upgrade classrooms, classroom buildings, labs, restrooms, common areas and school support facilities (including library, multipurpose room/auditorium, food storage, preparation and service, cafeteria and office/staff support facilities, whether A-4
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    11 permanent, portable or modular, including interior and exterior (as applicable) doors, windows, door and window hardware, roofs, rain gutters and downspouts, walls, ceilings and floors and finishes, paint, siding, insulation, casework, cabinets, secured storage, carpets, drapes, window coverings, infrastructure, lighting, sinks, drinking fountains, fixtures, signage, fencing, landscaping, furniture and equipment.
  • 0 Acquire, upgrade, and/or replace electrical wiring, communications and technology infrastructure/equipment.
  • 0 Renovate, re-configure and/or modernize portable classroom buildings or replace such buildings with permanent or modular or portable classroom buildings.
  • 0 Upgrade and/or replace old and deteriorating plumbing and sewer systems including waterlines, storm drains, fixtures, and stop valves.
  • 0 Upgrade and/or replace existing lighting systems with energy efficient systems.
  • 0 Renovate, resurface, upgrade, expand, construct and/or install and improve asphalt, concrete, and other hard surfaces (including playgrounds), benches, walls, gates, fencing, play and outside instructional areas, playfields, including turf, physical education fields, tracks and related facilities.
  • 0 Acquire, install and/or construct covered/ shade structures for students.

All or portions of these projects may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or an successor provision).

HAZEL FISCHER ELEMENTARY SCHOOL

The following projects are authorized to be financed at Hazel Fischer Elementary School:

  • 0 Renovate, replace, upgrade, acquire, and/or install roofing and/or insulation.
  • 0 Replace diesel powered boilers with modern, efficient and reliable HVAC systems.
  • 0 Remove, dispose of, and/or remediate asbestos and any other hazardous materials in gymnasium, including replacing ceilings, walls, and related surfaces with safe materials.
  • 0 Upgrade and/or replace gymnasium flooring.

All or portions of these projects may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or an successor provision).

ALBERT MICHELSON ELEMENTARY SCHOOL

The following projects are authorized to be financed at Albert Michelson Elementary School:

  • 0 Renovate, replace, upgrade, acquire, and/or install roofing and/or insulation.
  • 0 Replace diesel powered boilers with modern, efficient and reliable HVAC systems.
  • 0 Remove, dispose of, and remediate asbestos and any other hazardous materials in gymnasium, including replacing ceilings, walls, and related surfaces with safe materials.
  • 0 Upgrade and/or replace gymnasium flooring.

All or portions of these projects may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or an successor provision).

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12

AVERY MIDDLE SCHOOL

The following projects are authorized to be financed at Avery Middle School:

  • 0 Construct and Install all-weather field, including related facilities and fixtures.
  • 0 Acquire, construct cafeteria/multi-purpose room, including interior and exterior (as applicable) doors, windows, door and window hardware, roofs, rain gutters and downspouts, walls, ceilings and floors and finishes, paint, siding, insulation, casework, cabinets, secured storage, carpets, drapes, window coverings, infrastructure, lighting, sinks, drinking fountains, fixtures, signage, fencing, landscaping, furniture and equipment.

All or portions of these projects may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).

MISCELLANEOUS

All listed bond projects include the following as needed:

  • 0 Removal of hazardous materials such as asbestos and lead paint as needed.
  • 0 Construction and/or installation of access improvements for disabled persons, as required by state and federal law.
  • 0 Planning, designing and providing temporary housing necessary for listed bond projects.
  • 0 Acquisition of any rights-of-way, easements, and/or real property made necessary by listed bond projects, or lease of real property for the listed school facilities projects.
  • 0 Necessary onsite and offsite preparation or restoration in connection with new construction, renovation or remodeling, or installation or removal of relocatable buildings, including demolition of structures; removing, replacing, or installing irrigation, drainage, utility lines (gas, water, sewer, electrical, data and voice, etc.), trees and landscaping; relocating fire access roads; and acquiring any necessary easements, licenses, land or rights of way made necessary by listed bond projects.
  • 0 Address other unforeseen conditions revealed by construction, renovation 'or modernization (including plumbing or gas line breaks, dry rot, seismic and structural deficiencies, etc.).
  • 0 Acquire or construct storage facilities and other space on an interim basis, as needed to accommodate construction materials, equipment, and personnel, and interim classrooms (including relocatables) for students and school functions or other storage for classroom materials displaced during construction.
  • 0 For any project involving renovation, rehabilitation or repair of a building or the major portion of a building, the District shall be authorized to proceed with new replacement construction/re-construction instead (including any necessary demolition), if the Governing Board of the District determines that replacement and new construction/re-construction is more practical than renovation, rehabilitation and repair, considering the building's age, condition, expected remaining life, comparative cost and other relevant factors.
  • 0 Furnishing and equipping of classrooms and other school facilities; furnishing and equipping shall include initial purchases, and scheduled and necessary replacements, upgrades and updating of technology.
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  • 0 All other costs and work necessary and incidental to the listed bond projects. I

GENERAL PROVISIONS

Severability. If any provision of this bond proposition, or part thereof, is for any reason held by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this bond proposition are severable.

Headings. The headings or titles of the sections of the bond proposition, including any headings or titles included in the bond project list, are solely for convenience of reference and shall not affect the meaning, construction or effect of the bond proposition.

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Measure E Tax Rate Statement

14

EXHIBIT B

TAX INFORMATION STATEMENT

An election will be held in the Vallecito Union School District (the "District") on November 6, 2018, to authorize the sale of up to $11,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to issue the bonds in multiple series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400 through 9405 of the California Elections Code.

  1. 1. The best estimate of the average annual tax rate that would be required to be levied to fund this bond issue over the entire duration of the bond debt service, based on assessed valuations available at the time of filing of this statement, is 3.000 cents per $100 ($30.00 per $100,000) of assessed valuation. The final fiscal year in which the tax to be levied to fund this bond issue is anticipated to be collected is fiscal year 2035-36.
  2. 2. The best estimate of the highest tax rate that would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is 3.000 cents per $100 ($30.00 per $100,000) of assessed valuation, which is projected to be the Same in every fiscal year that bonds remain outstanding.
  3. 3. The best estimate of the total debt service, including the principal and interest, that would be required to be repaid if all of the bonds are issued and sold is approximately $14,837,312.

Voters should note that estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value, which could be more or less than the assessed value. 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. Certain taxpayers may also be eligible to postpone payment of taxes. Property owners should consult their own property tax bills and tax advisors 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 average annual tax rate, the highest tax rate and the year or years in which they will apply, and the actual total debt service, may vary from those presently estimated due to variations in the timing of bond sales, the amount of bonds sold, 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, including the legal limitations on bonds approved by a 55% affirmative vote. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.

Dated: _June 6_, 2018.

s/
Superintendent
Vallecito Union School District

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Measure E Agenda Description

Minutes of June 6, 2018 (complete item)

VALLECITO UNION SCHOOL DISTRICT
Minutes of the Regular Meeting
June 6, 2018

C. GENERAL BUSINESS / FINANCE

C.2 Adopted Resolution 17-18-18 – Ordering a School Bond Election, and Authorizing Necessary Actions in Connection Therewith

Motion: Dyken Second: Pratt Vote: 5-0

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Measure E Resolution

1

RESOLUTION NO. 17-18-18

RESOLUTION OF THE GOVERNING BOARD OF THE
VALLECITO UNION SCHOOL DISTRICT ORDERING A
SCHOOL BOND ELECTION, AND AUTHORIZING
NECESSARY ACTIONS IN CONNECTION THEREWITH

WHEREAS, the Governing Board (the "Board") of the Vallecito Union School District (the "District"), located in the County of Calaveras (the "County"), believes that strong schools are an essential part of strong communities; and

WHEREAS, the Board has directed the Superintendent of the District to develop a list of facility improvements that are needed to maintain and enhance the excellent instructional programs the District has historically provided; and

WHEREAS, construction and maintenance of local schools are the responsibility of the communities they serve, and State provided funds are inadequate and must be locally matched; and

WHEREAS, the District has enjoyed strong and consistent support from the community in completing its educational mission; and

WHEREAS, the Board appreciates and acknowledges the support of the community and, therefore, desires to structure a bond proposition utilizing a no-tax-rate-increase-financing'-plan to avoid increasing the current tax rate and ask the community to extend the duration of that the current tax rate for existing District bonds for the term of new bonds to invest in our schools and our children; and

WHEREAS, the Board 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"); and

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

WHEREAS, pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, and Section 15266 of the Education Code, school districts may seek approval of bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purposes hereinafter specified, provided certain accountability requirements are included in the proposition, including (a) that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIIIA, Section 1(b)(3) of the Constitution, and not for any other purpose, including teacher and administrator salaries and other school operating expenses, (b) that a list of the specific school facilities projects to be 4155-6742-1715.3 2 funded be included, which the school district board has certified that it has evaluated safety, class size reduction and information technology needs in developing, and (c) that performance and financial audits be required and there be oversight by an independent citizens' oversight committee to ensure that all funds are spent properly and as promised to the voters; and

WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors, which, if approved by 55% of the votes cast, would permit the District to issue its bonds; and

WHEREAS, such a bond election must be conducted concurrent with a statewide primary election, general election or special election, or at a regularly scheduled local election at which all of the electors of the District are entitled to vote, as required by Section 15266 of the Education Code; and

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

WHEREAS, subsection (c) of Section 15100 of the Education Code provides that, before the governing board of a school district may order an election pursuant to Education Code Sections 15100 et seq., it shall obtain reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the county assessor; and

WHEREAS, although the County Assessor does not make projections of assessed property valuations beyond the next succeeding tax year, the Board has been presented with projections of assessed property valuations of the property within the boundaries of the District in connection with developing the bond proposition that take into consideration, among other things, the long-term historical average growth rates of assessed property valuations of the property within the boundaries of the District and the Board finds those projections to be reasonable and informed; and

WHEREAS, the Board has determined that, based upon such projections of assessed property valuation, 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 maximum tax rate permitted by Section 15268 of the Education Code; and

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

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

WHEREAS, if a project or projects to be funded by the bonds will require State of California matching grant funds for any phase, the sample ballot must contain a statement, in the form prescribed by law, advising the voters of that fact, and the Board finds that completion of 2
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3 all or a portion of certain of the projects listed in the bond proposition set forth herein will require State matching grant funds for any phase thereof;

NOW, THEREFORE, be it resolved, determined and ordered by the Governing Board of the Vallecito Union School District as follows:

Section 1. Recitals. All of the above recitals are true and correct.

Section 2. Specifications of Election Order; Required Certification. Pursuant to Education Code Sections 5304, 5322, 15100 et seq., and 15266, and Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, a special 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 bond proposition contained in Exhibit A attached hereto and incorporated herein. In accordance with Section 1 of Article XIIIA of the California Constitution, and as provided in the text of the bond proposition, the Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the bond project list set forth in the bond proposition.

Section 3. Conduct of Election.

  1. (a) Request to County Officers. Pursuant to Section 5303 of the Education Code, the Registrar of Voters of the County (the "Registrar of Voters") is required to, and is hereby requested to, take all steps to hold the election in accordance with law and these specifications.
  2. (b) Abbreviation of Proposition. Pursuant to Sections 13119 and 13247 of the Elections Code and Sections 5322 and 15122 of the Education Code, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot:
  3. "To renovate, construct, equip, repair and improve classrooms and school facilities, including deteriorating roofs, heating and air conditioning systems, and construct a new multi-purpose room, shall Vallecito Union School District issue $11,000,000 in bonds under a no-tax-rate-increase-financing-plan, with an estimated levy of 3 cents per $100 of assessed valuation averaging $1.1 million raised per year anticipated through 2036, at legal rates, with annual audits and independent citizen oversight?
    3
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    4
  4. (c) Voter Pamphlet. The Registrar of Voters is hereby requested to reprint the full text of the bond proposition as set forth in Exhibit A in its entirety in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the bond proposition, in no less than 10-point boldface type, a legend substantially as follows:
  5. "The above statement is an impartial analysis of Measure _. If you desire a copy of the measure, please call the County Registrar of Voters at (209) 754-63 76 or the Vallecito Union School District at (209) 795-8500, and a copy will be mailed at no cost to you. Measure _ is also available on the Internet at https://vallecito-ca.schoolloop.com/."
  6. (d) Accountability Safeguards. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to include the following statement in the ballot in compliance with Section 15272 of the Education Code:
  7. "If Measure _ is approved, the Governing Board of the Vallecito Union School District will appoint a citizens' oversight committee and conduct annual independent audits to assure that bond funds are spent only on the 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, and for no other purposes.
  8. (e) State Matching Funds. The District hereby requests that the Registrar of Voters include the following statement in the ballot pamphlet, pursuant to Section 151225 of the Education Code:
  9. "Approval of Measure __ does not guarantee that the proposed project or projects in the Vallecito Union School District that are the subject of bonds under Measure _ will be funded beyond the local revenues generated by Measure _. The 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.
  10. (f) Consolidation Requirement. Pursuant to Section 15266(a) of the Education Code, the election shall be consolidated with the statewide general election on November 6, 2018, and pursuant to Education Code Section 5342 and Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, the Registrar of Voters and the Board of Supervisors of the County are hereby requested to order consolidation of the election with such other elections as may be held on the same day in the same territory or in territory that is in part the same. The 4
    4155-6742-1715.3
    5 District hereby acknowledges that the consolidated election Will be held and conducted in the manner prescribed by Section 10418 of the Elections Code.
  11. (g) Canvass of Results. The Board of Supervisors of the County is authorized and requested to canvass the returns of the election, pursuant to Section 10411 of the Elections Code.
  12. (h) Required Vote. Pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, the bond proposition shall become effective upon the affirmative vote of at least 55% of the voters of the District voting on the proposition.
  13. (i) Election Costs. The District shall pay all costs of the election approved by the Board of Supervisors of the County pursuant to Education Code Section 5421.

Section 4. Delivery of Order of Election to County Officers. The Clerk of the Board of the District is hereby directed to cause to be filed as soon as practicable, and in any event no later than August 10, 2018 (which date is not fewer than 88 days prior to the date set for the election), one copy of this Resolution to the Registrar of Voters, including the tax information statement attached hereto as Exhibit B, containing the information required by Elections Code Section 9400 et seq., completed and signed by the Superintendent of the District, and Shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County.

Section 5. Ballot Arguments. The President of the Board, or any member or, members of the Board as the President shall designate, are hereby authorized, but not directed, to prepare and file With the Registrar of Voters a ballot argument in favor of the bond proposition, Within the time established by the Registrar of Voters, which shall be considered the official ballot argument of the Board as sponsor of the bond proposition.

Section 6. Further Authorization.

  1. (a) General. The members of the Board, the Superintendent of the District, and all other officers of the District are hereby authorized and directed, individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this resolution in accordance with the terms hereof and of applicable provisions of law.
  2. (b) Bond Proposition Exemption from Elections Code Section 13119. In the event that legislation is passed on or before August 10, 2018, subsequent to the adoption of this Resolution, that exempts or temporarily suspends the bond proposition from the requirements of subsection (b) of Elections Code Section 13119, then (i) the phrase "with an estimated levy of 3 cents per $100 of assessed valuation averaging $1.1 million raised per year anticipated through 2036" shall be deemed deleted from the ballot statement contained in Section (3)(b) herein and (ii) the section entitled "Estimated Ballot Information" shall be deemed deleted from the full text of the bond proposition contained in Exhibit A attached hereto. To the extent such exemption becomes effective, the members of the Board, the Superintendent of the District, and all other officers of the District are hereby authorized and directed, individually and collectively, to coordinate and effectuate such modification to the ballot statement contained in Section (3)(b) and to the full text of the bond proposition contained in Exhibit A attached hereto with the Registrar of Voters.

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Section 7. Effective Date. This Resolution shall take effect upon its adoption by a two-thirds vote.

PASSED AND ADOPTED this day, June 6, 2018, by the following vote:

AYES: _5 - Singleton, Wilson, Pratt, Dyken, Eising_

NOES: _0_

ABSTAIN: _0_

ABSENT: _0_ APPROVED:

s/ _Susan Singleton_
President of the Governing Board of the
Vallecito Union School District

Attest:

s/ _Sarah Wilson_
Clerk of the Governing Board of the
Vallecito Union School District

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15

CLERK'S CERTIFICATE

I, _Sarah Wilson_, Clerk of the Governing Board of the Vallecito Union School District, County of Calaveras, California, hereby certify as follows:

The attached is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Governing Board of the District duly and regularly held at the regular meeting place thereof on June 6, 2018, and entered in the minutes thereof, of which meeting all of the members of the Governing Board had due notice and at which a quorum thereof was present. The resolution was adopted by the following vote:

AYES: _5 Singleton, Wilson, Pratt, Dyken, Eising_

NOES: _0_

ABSTAIN: _0_

ABSENT: _0_

An agenda of the meeting was posted at least 72 hours beforehand at 4545B Moran Road, Avery, California, a location freely accessible to members of the public, and a brief description of the adopted resolution appeared on the agenda. A copy of the agenda is attached hereto. 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 _6th_ day of _June_, 2018.

s/ _Sarah Wilson_
Clerk of the Governing Beard
Vallecito Union School District

4155-6742-1715.3

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Measure E Notice of Election

Calaveras County Legal Notices

NOTICE OF ELECTION AND NOTICE TO SUBMIT ARGUMENTS

NOTICE IS HEREBY GIVEN that pursuant to Resolution Nos. 20180710r117, 20180710r118, 20180724r129, 20180724r130, and , 20180724r136 passed by the Calaveras County Board of Supervisors on July 10 & July 24, 2018, special elections will be consolidated with the November 6, 2018 Statewide General Election, for the purpose of voting on the following measures:

Measure C

Shall the measure imposing a one half percent (0.5%) sales tax, raising an estimated $400,000 annually, to fund essential City facilities and general City services, such as streets and sidewalk maintenance, fire and police services, and parks and museums; and to increase the City's appropriations limit for Fiscal Years 2019-2023 by the amount of tax proceeds received by the increase, be adopted?

Yes No

Measure D

To support and retain firefighters and emergency medical responders to protect our homes and businesses against fires and to respond and render emergency medical services, shall the Central Calaveras Fire and Rescue Protection District special parcel tax be increased to $150.00 per parcel, except for adjoining or contiguous parcels or parcels having a value less than $2000, and adopted without expiration?

Yes No

Measure E

To renovate, construct, equip, repair and improve classrooms and school facilities, including deteriorating roofs, heating and air conditioning systems, and construct a new multi-purpose room, shall Vallecito Union School District issue $11,000,000 in bonds under a no-tax-rate-increase-financing-plan, with an estimated levy of 3 cents per $100 of assessed valuation averaging $1.1 million raised per year anticipated through 2036, at legal rates, with annual audits and independent citizen oversight?

Yes No

Measure F

Shall the measure authorizing West Point Fire Protection District to adjust its appropriation limit for the periods 2012-2018 and 2019-2022, by an amount equal to special tax and grant funds received, be adopted?

Yes No

Measure G

CALAVERAS COUNTY ESSENTIAL SERVICES MEASURE. Shall the measure to maintain and improve essential Calaveras County services including emergency fire district response and protection, Sheriff's patrols helping prevent thefts/ burglaries, road/pothole repairs, attracting/retaining businesses and other County services and infrastructure by increasing the transient occupancy tax (paid only by hotel/motel/short-term rental guests) from 6% to 12%, providing approximately $600,000 annually until ended by voters, with audits, and all funds used locally, be adopted?

Yes No

NOTICE IS FURTHER GIVEN that arguments for or against the above measures will be accepted in the office of the County Clerk, Election Division, 891 Mountain Ranch Road, San Andreas, CA 95249. Arguments shall not exceed 300 words in length and shall be titled either "Argument In Favor Of Measure ___" or "Argument Against Measure ___." Arguments must be filed no later than 5:00 p.m. on July 31, 2018.

A ballot argument shall not be accepted unless accompanied by the name or names of the person or persons submitting it or, if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. No more than five signatures shall appear with any argument. All arguments must also be accompanied by a statement that the argument is true and correct to the best of his/her/their knowledge and belief.

If more than one argument for and one argument against the measure is received, the selection will be made pursuant to the provisions of the Elections Code 9166.

NOTICE IS FURTHER GIVEN that if an argument in favor of and an argument against the measure is submitted, copies will be mailed to the respective authors. The authors may prepare and submit a rebuttal argument not exceed 250 words in length. Rebuttal arguments must also be accompanied by a statement that the argument is true and correct to the best of his/her/their knowledge and belief. The deadline for filing a rebuttal argument will be 5:00 p.m. on August 10, 2018.

Anyone desiring to file an argument for or against the measure should contact the Elections Department at (209) 754-6376 for further information and the required form.

Rebecca Turner
Calaveras County Clerk/ Registrar of Voters

Published: July 27, 2018 VSN

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