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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
Your Stanislaus 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 Riverbank Unified 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, Stanislaus, 0600061, 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
SC104674 1 Exhibit B-2
EXHIBIT B-1
[AB 195 Compliant Language]
BOND MEASURE
for
RIVERBANK UNIFIED SCHOOL DISTRICT
(Abbreviated Form)*
"Without increasing current tax rates, shall Riverbank Unified School District improve campus security and student safety; renovate, construct, equip, repair and improve classrooms and school facilities; repair/ replace leaky roofs; and replace and upgrade electrical wiring to meet current fire safety codes by issuing $19.1 million in bonds with legal rates, an average tax levy of 5.5 cents per $100 of assessed valuation while the bonds are outstanding (averaging $1.1 million/year), annual audits, and independent taxpayer oversight?"
BONDS – YES
BONDS – NO
* Limited to 75 words pursuant to California Elections Code section 13247.
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.
SC104674 1 Exhibit B-2
EXHIBIT B-2
[SB 863 Compliant Language]
BOND MEASURE
for
RIVERBANK UNIFIED SCHOOL DISTRICT
(Abbreviated Form)*
"Without increasing current tax rates, shall Riverbank Unified School District improve campus security and student safety; renovate, construct, equip, repair and improve classrooms and school facilities; repair/ replace leaky roofs; and replace and upgrade electrical wiring to meet current fire safety codes by issuing $19.1 million in bonds with legal rates, annual audits, and independent taxpayer oversight so long as all funds are spent locally and not taken by the state and used elsewhere?"
BONDS – YES
BONDS – NO
* Limited to 75 words pursuant to California Elections Code section 13247.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
IMPARTIAL ANALYSIS BY COUNTY COUNSEL
BOND MEASURE G
Riverbank Unified School District
Upon approval of 55% of the votes cast by voters on this Measure G, California law authorizes Riverbank Unified School District ("District") to issue bonds in an aggregate amount not exceeding $19,100,000 to finance specific school facilities projects. The bonds would constitute an indebtedness of the District. The bonds interest rates and maturity dates will not exceed the legal maximums.
California Education Code section 15100 restricts the use of the money raised from the bonds sale to such items as building and maintaining school buildings, improving school grounds, supplying school buildings and grounds with equipment, and the acquisition of real property for school facilities. In addition, the District may only use the proceeds for projects listed in the measure. The project list includes, among others: maintain and install campus alarms and surveillance systems; renovate, construct, repair, equip and improve classrooms, school facilities and school grounds; repair/replace leaky roofs; and replace and upgrade electrical wiring, plumbing, HVAC and sewer systems.
Proceeds may not be used for any other purpose, such as teacher or administrator salaries, or school operating expenses. Based on the final costs of each project, allocation of bond proceeds may be affected, and certain listed projects may be delayed or may not be completed.
Approval of this measure will authorize a levy of ad valorem taxes on property located within District boundaries to pay bond principal, interest and associated costs.
The Tax Rate Statement for Measure G in this sample ballot pamphlet reflects the District's best estimates, based on currently available data and projections, of the property tax rates required to service the bonds. The actual amount of tax levied may be higher. The best estimate of the average annual tax rate required to be levied to fund the bonds over the entire duration of the bond debt service is $0.055 per $100 (or $55 per $100,000) of assessed valuation. The best estimate of the highest tax rate to be levied to fund the bonds is $0.060 per $100 (or $60 per $100,000) of assessed valuation. If all bonds are issued and sold, the best estimate of the total debt service, including principal and interest, is approximately $38,947,872.
The measure requires District be accountable for the use of the proceeds from the sale of the bonds as required by the California Constitution and Education Code. An independent citizens' oversight committee will ensure the bond proceeds are expended only on the projects outlined in the measure. Performance and financial audits will be conducted annually.
The measure is placed on the ballot by the Board of Trustees of the District.
A "yes" vote is a vote to authorize District to issue up to and sell $19,100,000 in bonds for the purposes listed in the "Project List" and levy related taxes.
A "no" vote is a vote against authorizing Riverbank Unified School District to issue the bonds.
Submitted by County Counsel pursuant to Elections Code section 9500.
/s/ Deirdre McGrath, Deputy County Counsel, County of Stanislaus
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
ARGUMENT IN FAVOR OF MEASURE G
Vote YES on Measure G for Great Schools!
Without increasing current tax rates, Measure G will allow Riverbank Unified School District to repair, upgrade and protect our schools.
Measure G will provide for locally controlled funding for repairs and improvements in classrooms at California Avenue Elementary School, Mesa Verde Elementary School, Riverbank Language Academy, Cardozo Middle School, Adelante High School and Riverbank High School. These repairs will include:
Measure G will also protect taxpayers by:
Vote YES on Measure G to ensure our schools continue offering students the education they need to compete in the modern world.
Vote YES on Measure G for independent taxpayer oversight and independent financial audits.
Vote YES on Measure G to build safer schools, improve student achievement, and protect property values.
For Great Schools, please join business leaders, teachers, parents, grandparents and neighbors in voting YES on Measure G.
/s/ Darlene Barber-Martinez,
Riverbank Vice Mayor
/s/ Diane C. Talbert,
Riverbank Citizen of the Year
/s/ Diana S. Gonzalez,
CSEA Riverbank Chapter 31, President
/s/ Ronald E. Peterson,
Retired Educator
/s/ D. Jeff Jennings,
Teacher
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
SC104674 1 Exhibit A-1
EXHIBIT A-1
[AB 195 Compliant Language]
FULL TEXT OF BOND MEASURE
for
RIVERBANK UNIFIED SCHOOL DISTRICT
INTRODUCTION
The Riverbank Unified School District serves the Riverbank and Oakdale communities, located generally in the northern-central part of Stanislaus County, with a population approaching 2,875 students in six schools, serving kindergarten through twelfth grade. The District has several aging schools, the oldest of which was built in 1941, and most of which were built over 40 years ago. The District has an ongoing need for facilities and infrastructure, and is in need of additional classroom space to accommodate a projected increase in enrollment. Specifically, based on current and planned home development within the District, projected student enrollment over the next seven years will outgrow the capacity of the District's existing schools. At least five additional classrooms are needed at the elementary schools in order to accommodate the anticipated student population, and significant modernization is needed at all District sites to accommodate the existing and future student populations, including updates to classrooms and facilities at all school levels to accommodate required curricula, refurbishing basic amenities at all sites such as lighting, storage, and fire alarms, construction of a performing arts center/multi-purpose facility, and renovation of aging facilities to facilitate both student and staff safety. The District also has a need for expanding its technology infrastructure for future needs and increased capacity. A long-term solution is needed to address these issues, which requires the District to ask its voters to approve a General Obligation Bond.
The State of California requires a local match, funded primarily through local, general obligation bonds, for school districts wishing to pursue matching state funds for the upgrade or replacement of school buildings and facilities. The millions of dollars potentially available through the State match allows local taxpayers to benefit from the tax dollars they already pay to Sacramento.
It is imperative that our students are housed in safe schools. In addition, our students would benefit from complete, comprehensive, and efficient schools. We need to act locally to build, upgrade, and refurbish safe and modern schools to ensure our students have the educational opportunities they deserve.
BOND MEASURE
"Without increasing current tax rates, shall Riverbank Unified School District improve campus security and student safety; renovate, construct, equip, repair and improve classrooms and SC104674 2 Exhibit A-1 school facilities; repair/ replace leaky roofs; and replace and upgrade electrical wiring to meet current fire safety codes by issuing $19.1 million in bonds with legal rates, an average tax levy of 5.5 cents per $100 of assessed valuation while the bonds are outstanding (averaging $1.1 million/year), annual audits, and independent taxpayer oversight?"
As required by the California Constitution, the proceeds from the sale of the bonds will be used only for the purposes authorized under Article XIIIA of the California Constitution, including construction, reconstruction, rehabilitation, or replacement of school facilities, furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, as specifically set forth in this Measure, and costs incident thereto, and not for any other purpose, including salaries and other routine school operating expenses.
The following list describes the specific projects the District proposes to finance with proceeds of the bonds. The scope of specific projects, the order of construction, and their completion is contingent on final project costs and the availability of needed funds. Further, projects on the project list are of the type that issuing the authorized general obligation bonds as stated will not cause the State to reduce any financial hardship contribution that would otherwise be available to the District had these bonds not been authorized, issued, and or expended for their stated purpose.
SCHOOL FACILITIES PROJECTS TO BE FUNDED FROM BOND PROCEEDS
The following list includes both projects that can be completed using the bond proceeds, along with State matching funds and other building funds the District is projected to receive and projects that are planned and needed but whose construction is contingent on the amount of bond funds available, plus the amount of State matching and other building funds the District may receive in the future, which is a function of the State building program rules, passage of State bonds, and the growth rate of the District. The completion of specific projects is also contingent on final project costs.
PROJECT LIST
All District Sites:
SC104674 3 Exhibit A-1
Cardozo Middle School (grades 6-8, Built 1941), located at 3525 Santa Fe St, Riverbank, CA 95367 – rehabilitation, reconstruction, or replacement of classrooms, facilities, and improvements specifically including, but not limited to:
These projects may include participation in the State Facility Program's Joint-Use Program to gain matching funds for teacher education, multi-purpose rooms, gymnasiums, libraries, childcare, and other qualifying Joint-Use facilities. With respect to such joint-use projects, the bond funds authorized by this Measure may be used to pay all of the local share needed to qualify the projects for special State matching funds under the State Facility Program's Joint-Use Program requirements.
The Board of Trustees hereby certifies that it has evaluated the safety, class-size reduction, and information technology needs of the District in developing this list of school facilities projects.
ACCOUNTABILITY MEASURES
If the bonds are approved, the Board of Trustees will implement the following accountability measures in accordance with State law:
SC104674 4 Exhibit A-1
STATE MATCHING FUNDS
California Education Code section 15122.5 requires the following statement to be included in this sample ballot:
"Approval of this bond measure does not guarantee that the proposed projects in the Riverbank Unified School District that are the subject of bonds under this measure will be funded beyond the local revenues generated by this bond measure. The school district's proposal for certain of the projects assumes the receipt of matching state funds, which are subject to appropriation by the Legislature or approval of a statewide bond measure."
ANNUAL TAX AMOUNT, RATE, AND DURATION
The bonds shall bear interest at an annual rate not exceeding the statutory maximum. The maturity of the bonds shall not exceed the maximum term allowed by law at the time of issuance (currently 25 years if issued under Education Code section 15140, or 40 years if issued under Government Code section 53508, so long as the bonds are not capital appreciation bonds ("CABs," which CABs are limited to 25 years)). Accordingly, as further set forth in the tax rate statement, the ad valorem tax will be levied at such rates and for so long as may be required to meet the debt service needs of the bonds proposed to be issued, including such bonds that may be issued to refund any approved bonds. 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.
* * *
The listed projects will be completed as needed. Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the acquisition of a variety of instructional, maintenance and operational equipment, including the reduction or retirement of outstanding lease obligations and interim funding incurred to advance fund projects from the Project List; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updates, SC104674 5 Exhibit A-1 environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects.
The construction of facilities included in the project list above is assumed to include the construction of new schools, classrooms and support sites, including the acquisition of land, necessary furnishings, equipment, technology, and installation of site infrastructure, as needed to accommodate continued growth or shifts in student population and provide additional learning facilities or replace aging facilities.
In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: renovate student and staff restrooms; upgrade or install signage, clocks and fencing; repair and replace heating and ventilation systems; upgrade of facilities for energy efficiencies; repair and replace worn-out and deteriorated roofs, windows, walls, doors and drinking fountains; upgrade public address systems; install wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; meet earthquake safety standards; improve water conservation; upgrade or construct support facilities, including administrative, physical education (including upgrading gyms, stadiums, athletic facilities, tracks, bleachers, lockers and equipment rooms), and agricultural education classrooms and labs and performing arts and music classrooms; repair and replace fire alarms, emergency communications and security systems; resurface or replace hard courts, turf; irrigation and drainage systems and campus landscaping; replace asphalt and broken pavement; expand or improve parking lots and drop-off areas; replace portable classrooms; interior and exterior painting, floor covering and tile replacement; upgrade or expand school cafeterias; construct various forms of storage and support spaces and classrooms; repair, upgrade and install interior and exterior lighting systems; improve athletic fields and shade structures; replace or upgrade outdated security fences, gates and security systems (including access control systems); and upgrade heating, ventilation and air conditioning systems. The upgrading of technology infrastructure includes, but is not limited to, servers, switches, routers, modules, sound projection systems, call manager and network security/firewall, wireless technology systems, and other miscellaneous equipment. Some projects throughout the District may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts 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 more enhanced and operationally efficient campuses. Necessary site preparation/restoration 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, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property. Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code section 53410.
SC104674 1 Exhibit A-2
EXHIBIT A-2
[SB 863 Compliant Language]
FULL TEXT OF BOND MEASURE
for
RIVERBANK UNIFIED SCHOOL DISTRICT
INTRODUCTION
The Riverbank Unified School District serves the Riverbank and Oakdale communities, located generally in the northern-central part of Stanislaus County, with a population approaching 2,875 students in six schools, serving kindergarten through twelfth grade. The District has several aging schools, the oldest of which was built in 1941, and most of which were built over 40 years ago. The District has an ongoing need for facilities and infrastructure, and is in need of additional classroom space to accommodate a projected increase in enrollment. Specifically, based on current and planned home development within the District, projected student enrollment over the next seven years will outgrow the capacity of the District's existing schools. At least five additional classrooms are needed at the elementary schools in order to accommodate the anticipated student population, and significant modernization is needed at all District sites to accommodate the existing and future student populations, including updates to classrooms and facilities at all school levels to accommodate required curricula, refurbishing basic amenities at all sites such as lighting, storage, and fire alarms, construction of a performing arts center/multi-purpose facility, and renovation of aging facilities to facilitate both student and staff safety. The District also has a need for expanding its technology infrastructure for future needs and increased capacity. A long term solution is needed to address these issues, which requires the District to ask its voters to approve a General Obligation Bond.
The State of California requires a local match, funded primarily through local, general obligation bonds, for school districts wishing to pursue matching state funds for the upgrade or replacement of school buildings and facilities. The millions of dollars potentially available through the State match allows local taxpayers to benefit from the tax dollars they already pay to Sacramento.
It is imperative that our students are housed in safe schools. In addition, our students would benefit from complete, comprehensive, and efficient schools. We need to act locally to build, upgrade, and refurbish safe and modern schools to ensure our students have the educational opportunities they deserve.
SC104674 2 Exhibit A-2
BOND MEASURE
"Without increasing current tax rates, shall Riverbank Unified School District improve campus security and student safety; renovate, construct, equip, repair and improve classrooms and school facilities; repair/ replace leaky roofs; and replace and upgrade electrical wiring to meet current fire safety codes by issuing $19.1 million in bonds with legal rates, annual audits, and independent taxpayer oversight so long as all funds are spent locally and not taken by the state and used elsewhere?"
As required by the California Constitution, the proceeds from the sale of the bonds will be used only for the purposes authorized under Article XIIIA of the California Constitution, including construction, reconstruction, rehabilitation, or replacement of school facilities, furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, as specifically set forth in this Measure, and costs incident thereto, and not for any other purpose, including salaries and other routine school operating expenses.
The following list describes the specific projects the District proposes to finance with proceeds of the bonds. The scope of specific projects, the order of construction, and their completion is contingent on final project costs and the availability of needed funds. Further, projects on the project list are of the type that issuing the authorized general obligation bonds as stated will not cause the State to reduce any financial hardship contribution that would otherwise be available to the District had these bonds not been authorized, issued, and or expended for their stated purpose.
SCHOOL FACILITIES PROJECTS TO BE FUNDED FROM BOND PROCEEDS
The following list includes both projects that can be completed using the bond proceeds, along with State matching funds and other building funds the District is projected to receive and projects that are planned and needed but whose construction is contingent on the amount of bond funds available, plus the amount of State matching and other building funds the District may receive in the future, which is a function of the State building program rules, passage of State bonds, and the growth rate of the District. The completion of specific projects is also contingent on final project costs.
PROJECT LIST
All District Sites:
SC104674 3 Exhibit A-2
Cardozo Middle School (grades 6-8, Built 1941), located at 3525 Santa Fe St, Riverbank, CA 95367 – rehabilitation, reconstruction, or replacement of classrooms, facilities, and improvements specifically including, but not limited to:
These projects may include participation in the State Facility Program's Joint-Use Program to gain matching funds for teacher education, multi-purpose rooms, gymnasiums, libraries, childcare, and other qualifying Joint-Use facilities. With respect to such joint-use projects, the bond funds authorized by this Measure may be used to pay all of the local share needed to qualify the projects for special State matching funds under the State Facility Program's Joint-Use Program requirements.
The Board of Trustees hereby certifies that it has evaluated the safety, class-size reduction, and information technology needs of the District in developing this list of school facilities projects.
ACCOUNTABILITY MEASURES
If the bonds are approved, the Board of Trustees will implement the following accountability measures in accordance with State law:
SC104674 4 Exhibit A-2
STATE MATCHING FUNDS
California Education Code section 15122.5 requires the following statement to be included in this sample ballot:
"Approval of this bond measure does not guarantee that the proposed projects in the Riverbank Unified School District that are the subject of bonds under this measure will be funded beyond the local revenues generated by this bond measure. The school district's proposal for certain of the projects assumes the receipt of matching state funds, which are subject to appropriation by the Legislature or approval of a statewide bond measure."
ANNUAL TAX AMOUNT, RATE, AND DURATION
The bonds shall bear interest at an annual rate not exceeding the statutory maximum. The maturity of the bonds shall not exceed the maximum term allowed by law at the time of issuance (currently 25 years if issued under Education Code section 15140, or 40 years if issued under Government Code section 53508, so long as the bonds are not capital appreciation bonds ("CABs," which CABs are limited to 25 years)). Accordingly, as further set forth in the tax rate statement, the ad valorem tax will be levied at such rates and for so long as may be required to meet the debt service needs of the bonds proposed to be issued, including such bonds that may be issued to refund any approved bonds. 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.
* * *
The listed projects will be completed as needed. Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the acquisition of a SC104674 5 Exhibit A-2 variety of instructional, maintenance and operational equipment, including the reduction or retirement of outstanding lease obligations and interim funding incurred to advance fund projects from the Project List; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects.
The construction of facilities included in the project list above is assumed to include the construction of new schools, classrooms and support sites, including the acquisition of land, necessary furnishings, equipment, technology, and installation of site infrastructure, as needed to accommodate continued growth or shifts in student population and provide additional learning facilities or replace aging facilities.
In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: renovate student and staff restrooms; upgrade or install signage, clocks and fencing; repair and replace heating and ventilation systems; upgrade of facilities for energy efficiencies; repair and replace worn-out and deteriorated roofs, windows, walls, doors and drinking fountains; upgrade public address systems; install wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; meet earthquake safety standards; improve water conservation; upgrade or construct support facilities, including administrative, physical education (including upgrading gyms, stadiums, athletic facilities, tracks, bleachers, lockers and equipment rooms), and agricultural education classrooms and labs and performing arts and music classrooms; repair and replace fire alarms, emergency communications and security systems; resurface or replace hard courts, turf; irrigation and drainage systems and campus landscaping; replace asphalt and broken pavement; expand or improve parking lots and drop-off areas; replace portable classrooms; interior and exterior painting, floor covering and tile replacement; upgrade or expand school cafeterias; construct various forms of storage and support spaces and classrooms; repair, upgrade and install interior and exterior lighting systems; improve athletic fields and shade structures; replace or upgrade outdated security fences, gates and security systems (including access control systems); and upgrade heating, ventilation and air conditioning systems. The upgrading of technology infrastructure includes, but is not limited to, servers, switches, routers, modules, sound projection systems, call manager and network security/firewall, wireless technology systems, and other miscellaneous equipment. Some projects throughout the District may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts 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 more enhanced and operationally efficient campuses. Necessary site preparation/restoration 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, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property.
SC104674 6 Exhibit A-2
Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code section 53410.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
TAX RATE STATEMENT – MEASURE G
Riverbank Unified School District
An election will be held in the Riverbank Unified School District (the "District") on November 6, 2018, to authorize the sale of up to $19,100,000 in bonds of the District for the school facilities projects described in the bond measure. If such bonds are authorized, the District expects to sell the bonds in one or more series. Principal and interest on the bonds will be payable only from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with sections 9400-9404 of the California Elections Code. Such information is based upon assessed valuations available from official sources and projections based upon experience within the District, and other demonstrable factors.
Based upon the foregoing, the following information is provided:
Voters should note that such estimated tax rates are specific to the repayment of bonds issued under this authorization and are and will be in addition to tax rates levied in connection with other bond authorizations approved or to be approved by the District or any other overlapping public agency.
Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on Stanislaus County's official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions.
Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the Stanislaus County Assessor in the annual assessment and the equalization process.
Dated: July 3, 2018
/s/ Robert Perez, Chief Business Official
Riverbank Unified School District
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
Minutes of June 19, 2018 (complete item)
| Rationale: | |
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Involving extensive stakeholder and community engagement, and developed and published entirely by District staff, the District adopted a Facilities Master Plan on October 3, 2017 (“FMP”), representing the most comprehensive and significant facilities master plan in the history of the District. Total FMP project funding need totals $58,403,100. The FMP identifies improvement projects for which the District has a present, on-going, and acute need, to ensure the health and safety of pupils, staff and community and to provide for adequate housing for the District’s pupils such as, replacement or repair of antiquated systems such as roofing, heating and air conditioning systems, storm and water drainage systems, security systems, plumbing, insulation, electrical systems and wiring, safety and security, and lighting systems. The FMP also identifies improvement projects for which the need is anticipated, but not current, and additional projects that would enhance the quality of education in the District, and bring District educational facilities in line with 21st Century learning environment standards. The District also needs to be prepared for increased enrollment because of local home development and construction. Addressing these issues of refurbishment of aging facilities, growth, and facilities upgrades requires that the District ask its voters to approve a General Obligation Bond. Notwithstanding the great need of the District, in the interest of fiscal conservativism, and debt capacity limitations, the Board is asked to consider a comprehensive measure to be proposed to the voters, broad enough to embrace all projects identified on the FMP, for a total authorization of $19,100,000. This option, while insufficient to provide for funding for all FMP projects, even with maximum current State School Facility Program matching grant funds, affords the District with the greatest flexibility to address needs as identified and as they change over time to meet changes within District student populations. District’s Vision Statement: Dedicated to excellence, responsibility, pride and a vision for the future. District’s Mission Statement: Riverbank Unified School District, in partnership with our community, is committed to maintaining high expectations for all students through…
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| Recommended Motion: | |
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Administration recommends consideration and selection of the Bond Measure Ordering an Election to Authorize the Issuance of School Bonds, Establishing Specifications of the Election Order, and Requesting Consolidation with Any Other Elections Occurring on November 6, 2018 |
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| Quick Summary / Abstract: | |
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The general obligation bonds of the District shall be issued and sold in the principal amount not to exceed approved amounts as specified in the resolution for the purpose of raising money for the improvement, upgrade, renovation, and replacement of the District’s existing schools, facilities, and improvements, and the acquisition and construction of additional schools, facilities, and improvements, and paying costs incident thereto, as set forth more fully in a ballot proposition approved pursuant to the resolution. This Resolution constitutes the order of the District to call such election. |
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| Alternatives: | |
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Submitted by: Roberto Perez, Chief Business Official Reviewed by: Dr. Daryl Camp, Superintendent |
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| Attachments: | |
| Resolution 17-18-13 Election Order Resolution [Bond] | |
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
SC104674
BEFORE THE BOARD OF TRUSTEES OF THE
RIVERBANK UNIFIED SCHOOL DISTRICT
RESOLUTION NO. 17-18-13
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
WHEREAS, in the judgment of the Board of Trustees (the "Board") of the Riverbank Unified School District (the "District"), it is advisable to call an election to submit to the electors of the District the question of whether the bonds of the District shall be issued and sold for the purpose of raising money for the improvement, upgrade, and renovation of the District's existing schools and the acquisition and construction of additional classrooms and school facilities; and
WHEREAS, involving extensive stakeholder and community engagement, and developed and published entirely by District staff, the District adopted a Facilities Master Plan on October 3, 2017 ("FMP"), representing the most comprehensive and significant facilities master plan in the history of the District; and
WHEREAS, the FMP identified the current and future needs to improve, modernize, and maintain our existing schools, and the resources necessary to preserve and maintain the District's capital assets and provide additional facilities to accommodate future projected enrollment growth, including a General Obligation Bond measure to meet the substantial facility needs over the next decade and beyond; and
WHEREAS, schools, classrooms, and facilities within the District are aging and in need of expansion, replacement, repair, or upgrading to ensure the health and safety of pupils, staff, and community, and to provide for adequate housing for the District's pupils; and
WHEREAS, schools and facilities within the District are in need of renovation, reconstruction, and repair with respect to aging classrooms, labs, performing arts venues, physical education facilities, and other instructional and support facilities in order to provide learning environments that will meet current and future standards, support academic and career pathways, and reinforce learning and teaching; and
WHEREAS, antiquated facilities systems throughout the schools are both ineffective and costly to operate and need to be updated; and
WHEREAS, District schools need technology infrastructure and tools to meet curricular requirements and prepare and equip students to compete and succeed in the 21st century economy; and
SC104674 2
WHEREAS, Elections Code section 13119, pursuant to Assembly Bill 195 (Stats. 2017, Ch. 105, Sec. 1. ("AB 195") Effective January 1, 2018) requires a school district, when submitting a general obligation bond measure for voter approval, to provide on the ballot the amount of money to be raised annually and the rate and duration of the tax to be levied; and
WHEREAS, Senate Bill 863 ("SB 863"), currently under consideration by the Legislature, would exempt school district general obligation bond measures from the aforementioned requirements of Elections Code section 13119 until July 1, 2020; and
WHEREAS, while it is anticipated that Senate Bill 863 will be chaptered and effective before the November 6, 2018 election, this occurrence is not guaranteed; and
WHEREAS, without a local school bond, the District will lose the opportunity to receive state matching funds which will then be awarded to other school districts; and
WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIIIA, Section 1, paragraph (b) of the California Constitution ("Article XIIIA") provides an exception to the limit on ad valorem property taxes on real property for bonded indebtedness incurred by a school district that has been approved by fifty-five percent (55%) of the voters of the District voting on the proposition; and
WHEREAS, pursuant to subdivision (c) of California Education Code section 15100, the Board has obtained reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the County Assessor; and
WHEREAS, pursuant to California Education Code section 15264 et seq. (the "Act"), this Board is specifically authorized, upon approval by two-thirds (2/3) of the Board, to submit to the electorate of the District the question of whether bonds of the District shall be issued and sold for specified purposes, upon a fifty-five percent (55%) vote of the electorate in favor on the question, pursuant to paragraph (3) of said subdivision (b) of Section 1 of Article XIIIA and subdivision (b) of Section 18 of Article XVI of the California Constitution; and
WHEREAS, pursuant to California Elections Code section 10403 et seq., it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, November 6, 2018, and to request the election officials of Stanislaus County (the "County") to perform certain election services for the District.
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE RIVERBANK UNIFIED SCHOOL DISTRICT HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:
1. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold in the principal amount not to exceed $19,100,000 for the purpose of raising money for the improvement, upgrade, renovation, and replacement of the District's existing schools, facilities, and improvements, and the acquisition and construction of additional schools, SC104674 3 facilities, and improvements, and paying costs incident thereto, as set forth more fully in a ballot proposition approved pursuant to Section 3 below. This Resolution constitutes the order of the District to call such election.
2. Election Date. The date of the election shall be November 6, 2018, and the election shall be held solely within the boundaries of the District.
3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the voters of the District to vote on a proposition, a full copy of which is attached hereto as Exhibit A-1 and, alternatively, as Exhibit A-2, containing the question of whether the District shall issue the Bonds for the purposes stated therein, together with the accountability requirements of Article XIIIA and the requirements of section 15272 of the Act. As required by California Elections Code section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto as Exhibit B-1 and, alternatively, as Exhibit B-2. The District's Superintendent (or designee) is hereby authorized and directed to make any changes to the text of the proposition or its abbreviated form as required to comply with the intent of this Resolution, the requirements of elections officials, and requirements of law.
4. Senate Bill 863 Alternative. In addition to that general authorization and direction specified by Section 3 of this Resolutions, if SB 863 is chaptered and becomes effective prior to November 6, 2018, the District's Superintendent (or designee) is hereby authorized and directed to use and deliver Exhibits A-2, B-2, and C-2 in the place of A-1, B-1, and C-1.
5. Authority for Election. The authority for ordering the election is contained in California Education Code section 15264 et seq. and Article XIIIA, Section 1, paragraph (b), subsection (3) of the California Constitution. The authority for the specification of this election order is contained in California Education Code section 5322.
6. School Facilities Projects. A list of the specific school facilities projects and uses to be funded from the proceeds of the bonds is set forth in Exhibit A-1 and, alternatively, Exhibit A-2. As required by Article XIIIA, the Board hereby certifies that it has evaluated safety, class-size reduction, and information technology needs of the District in developing the list of school facilities projects and uses set forth in Exhibit A-1 and, alternatively, Exhibit A-2.
7. Covenants of the Board upon Approval of the Bonds by the Electorate. As required by Article XIIIA and section 15272 of the Act, if fifty-five percent (55%) of the voters of the District voting on the measure approve of the bonds, the Board shall:
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8. Delivery of this Resolution. The Clerk of this Board is hereby authorized and directed to send or hand deliver a copy of this Resolution to the County Superintendent of Schools and the County Registrar of Voters by no later than August 8, 2018.
9. Declaration of Official Intent. The District hereby declares its official intent, subject to the further approval of this Board, to use up to the maximum amount permitted by law of the proceeds of the proposed bonds to reimburse itself for payments it has made for any eligible costs of the projects and uses listed in Exhibit A-1 or, alternatively, Exhibit A-2. It is intended that this Resolution shall, among other things, constitute a declaration of "official intent" within the meaning of Section 1.150-2 of the Treasury Regulations promulgated under Section 150 of the Internal Revenue Code of 1986, as amended.
10. Ballot Arguments; Tax Rate Statement. Any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument. The Superintendent, President of the Board, or their designees, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot.
11. Consolidation of Election; Election Services. The County Registrar of Voters and the County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 6, 2018 within the District. Pursuant to section 5303 of the Education Code and section 10002 of the Elections Code, the County Board of Supervisors is requested to permit the County Registrar of Voters, and other appropriate officials of the County, to render all services necessary in connection with the bond election including, but not limited to, publication of a Formal Notice of School Bond Election pursuant to Education Code section 5363 and related law (the proposed form of which is attached hereto as Exhibit C-1 or, alternatively, Exhibit C-2), the mailing of the sample ballot and tax rate statement (described in section 9401 of the Elections Code), the opportunity to submit ballot arguments in connection with the bond election, the canvassing and certification of the returns of the election, and other ballot requirements pursuant to Elections Code section 15123, for which services the District agrees to reimburse the County as required by law.
12. Severability. If any section, subsection, phrase or clause of this Resolution, or its application to any person or circumstance, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, or their application to SC104674 5 any other person or circumstance. The Board declares that it would have adopted this Resolution and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, sentences, phrases or clauses, or their application to any person or circumstance, shall be declared invalid.
13. Effective Date. This Resolution shall take effect immediately upon its adoption.
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PASSED AND ADOPTED on June 19, 2018, by the following vote:
AYES: _________________
NOES: _________________
ABSTENTIONS: _________________
ABSENT: _________________
By: ____________________________________
President, Board of Trustees of the
Riverbank Unified School District
ATTEST:
________________________________________
Clerk, Board of Trustees of the
Riverbank Unified School District
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
SC104674 1 Exhibit C-1
EXHIBIT C-1
[AB 195 Compliant Language]
FORMAL NOTICE OF SCHOOL BOND ELECTION
NOTICE IS HEREBY GIVEN to the qualified electors of the Riverbank Unified School District of Stanislaus County, California, that in accordance with the provisions of the Education Code of the State of California, an election will be held on November 6, 2018 within the District, at which election the following measure shall be submitted to the qualified electors of the District and voted upon:
"Without increasing current tax rates, shall Riverbank Unified School District improve campus security and student safety; renovate, construct, equip, repair and improve classrooms and school facilities; repair/ replace leaky roofs; and replace and upgrade electrical wiring to meet current fire safety codes by issuing $19.1 million in bonds with legal rates, an average tax levy of 5.5 cents per $100 of assessed valuation while the bonds are outstanding (averaging $1.1 million/year), annual audits, and independent taxpayer oversight?"
"Bonds – Yes Bonds – No"
The bonds shall bear interest at an annual rate not exceeding the statutory maximum. The maturity of the bonds shall not exceed the maximum term allowed by law at the time of issuance (currently 25 years if issued under Education Code section 15140, or 40 years if issued under Government Code section 53508, so long as the bonds are not capital appreciation bonds ("CABs," which CABs are limited to 25 years)). Accordingly, as further set forth in the tax rate statement, the ad valorem tax will be levied at such rates and for so long as may be required to meet the debt service needs of the bonds proposed to be issued, including such bonds that may be issued to refund any approved bonds.
All of the purposes enumerated in the foregoing measure shall be united and voted upon as one single measure, with precincts, places of holding the elections and officers appointed to conduct the elections to be the same as those provided for the statewide gubernatorial general election to be held on November 6, 2018, under the Notice of Election published ________.
This election has been called pursuant to a Resolution of the Board of Trustees of the Riverbank Unified School District, adopted on June 19, 2018. The Elections Official of the County of Stanislaus hereby gives formal notice of the election in accordance with the provisions of Education Code section 15120.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ___________, 2018.
Registrar of Voters
Stanislaus County, California
SC104674 1 Exhibit C-2
EXHIBIT C-2
[SB 863 Compliant Language]
FORMAL NOTICE OF SCHOOL BOND ELECTION
NOTICE IS HEREBY GIVEN to the qualified electors of the Riverbank Unified School District of Stanislaus County, California, that in accordance with the provisions of the Education Code of the State of California, an election will be held on November 6, 2018 within the District, at which election the following measure shall be submitted to the qualified electors of the District and voted upon:
"Without increasing current tax rates, shall Riverbank Unified School District improve campus security and student safety; renovate, construct, equip, repair and improve classrooms and school facilities; repair/ replace leaky roofs; and replace and upgrade electrical wiring to meet current fire safety codes by issuing $19.1 million in bonds with legal rates, annual audits, and independent taxpayer oversight so long as all funds are spent locally and not taken by the state and used elsewhere?"
"Bonds – Yes Bonds – No"
The bonds shall bear interest at an annual rate not exceeding the statutory maximum. The maturity of the bonds shall not exceed the maximum term allowed by law at the time of issuance (currently 25 years if issued under Education Code section 15140, or 40 years if issued under Government Code section 53508, so long as the bonds are not capital appreciation bonds ("CABs," which CABs are limited to 25 years)). Accordingly, as further set forth in the tax rate statement, the ad valorem tax will be levied at such rates and for so long as may be required to meet the debt service needs of the bonds proposed to be issued, including such bonds that may be issued to refund any approved bonds.
All of the purposes enumerated in the foregoing measure shall be united and voted upon as one single measure, with precincts, places of holding the elections and officers appointed to conduct the elections to be the same as those provided for the statewide gubernatorial general election to be held on November 6, 2018, under the Notice of Election published ________.
This election has been called pursuant to a Resolution of the Board of Trustees of the Riverbank Unified School District, adopted on June 19, 2018. The Elections Official of the County of Stanislaus hereby gives formal notice of the election in accordance with the provisions of Education Code section 15120.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ___________, 2018.
Registrar of Voters
Stanislaus County, California
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution Notice
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