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LWV League of Women Voters of California Education Fund
Smart Voter
San Joaquin County, CA November 4, 2008 Election
Measure S
School Facilities Improvement
Tracy Unified School District Facilities Improvement District 3-2008

55% Approval Required

Pass: 14856 / 70.62% Yes votes ...... 6180 / 29.38% No votes

See Also: Index of all Measures

Results as of Nov 25 1:41pm, 100.0% of Precincts Reporting (45/45)
81.8% Voter Turnout (22790/
Information shown below: Impartial Analysis | Arguments | Tax Rate Statement | Full Text

To renovate and modernize the community's oldest elementary
and middle schools, upgrade classrooms, replace aging roofs, old
heating, electrical, plumbing, cooling and ventilation systems with
energy efficient systems, and improve security and technology
systems at all schools, increasing student access to computers,
shall School Facilities Improvement District No. 3 of the Tracy
Joint Unified School District be authorized to issue $43,100,000 in
bonds, at legal interest rates, with all expenditures monitored by
an Independent Citizens' Oversight Committee?

Impartial Analysis from the County Counsel
Approval of Measure S would allow School Facilities Improvement District No. 3 of the Tracy Joint Unified School District (the "District") to incur bonded indebtedness up to a maximum amount of forty-three million one hundred thousand dollars and no cents ($43,100,000.00). The issuance and sale of such general obligation bonds would be for repairing, renovating, modernizing and reconstructing school facilities within the area of the School Facilities Improvement District, inclusive of upgrading classrooms, repairing, replacing or upgrading aging roofs, electrical, plumbing, heating, ventilation and air-conditioning (HVAC) systems, and improving student access to computers. Bond proceeds could also be used to qualify for State of California matching funds.

No funds derived from bond sales could be used for District administrators' salaries or for any purpose or project other than those expressly stated in the measure.

To assure that funds derived from bond sales authorized by Measure S are spent only for the purposes expressly stated in Measure S, and for no other purposes, Measure S would require the District to: (1) appoint an independent citizens' oversight committee; and (2) conduct annual independent performance and financial audits.

If Measure S is approved, and bonds are authorized and sold, the principal thereof and interest thereon shall be payable from the proceeds of tax levies made upon the taxable property in the District. If Measure S is approved, the tax rate necessary for payment of principal and interest on any bonds sold will be largely dictated by the timing of the bond sales, the amount sold at a given sale, market interest rates at the time of each sale (although in no event greater than the maximum bond net interest rate allowed by law), as well as actual assessed valuation of taxable property in the District over the term of repayment. A statement of the tax rate data required by Elections Code Section 9401 will be provided to all registered voters with the sample ballot for the bond election.

Approval of Measure S does not guarantee that the projects proposed by the District to be funded from the proceeds of bonds authorized and sold will be funded beyond the local revenues generated by the bond sales authorized by Measure S. The District's proposal for such projects assumes the receipt of matching State of California funds that could be subject to appropriation by the State Legislature or to approval by a statewide bond measure.

Passage of Measure S requires approval by fifty-five percent (55%) of voters voting thereon.

DAVID WOOTEN
San Joaquin County Counsel

By: Jason R. Morrish
    Deputy County Counsel

  News and Analysis

Tracy Press

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Arguments For Measure S
A Yes vote on Measure S will provide the funds needed to renovate and modernize the oldest elementary and middle schools in Tracy. The average age of these schools is 55 years with one built more than 70 years ago. Measure S will also make the district eligible to receive matching funds from the state.

A Yes vote on Measure S will:

  • Renovate and modernize the district's older elementary and middle schools to provide all students access to up-to-date classrooms and technology.

  • Replace old heating, cooling and ventilation systems with energy efficient systems.

  • Upgrade and improve electrical systems, increasing the ability of students and teachers to use classroom computers and technology.

  • Upgrade security systems to improve safety on school campuses and protect students.

  • Replace aging plumbing, leaking water and sewer lines, and upgrade restrooms.

  • Replace aging and deteriorating roofs.

  • Upgrade and improve school fire alarm and communication systems.

Measure S provides for strict accountability. The School Board adopted a specific project list when calling the election. In addition, an Independent Citizens Oversight Committee will monitor and review all bond expenditures. This committee of local residents will make sure that all bond funds are spent as planned for the benefit of local students.

The cost for Measure S is very reasonable. The average yearly cost to property owners in the district would be $15 per $100,000 of assessed (not market) value.

Quality educational facilities protect and enhance our property values and support our students. Good schools make great communities.

Please join us and vote Yes on Measure S.

Submitted by:

/s/ J.C. Kimball MD, Retired Physician

/s/ Wayne Schneider, Retired Teacher, Coach

/s/ Eugene Birk, Travel Consultant

/s/ Gretchen Talley, San Joaquin County Board of Education

/s/ Barbara Fitzpatrick, McHenry House Board Member

(No arguments against Measure S were submitted)

Tax Rate Statement
An election will be held within the boundaries of School Facilities Improvement District No. 3 of the Tracy Joint Unified School District (the "School Facilities Improvement District") on November 4, 2008, to authorize the sale of up to $43,100,000 in bonds of the School Facilities Improvement District to finance facilities as described in the proposition. If the bonds are approved, the Tracy Joint Unified School District (the "School District") expects to sell the bonds in multiple series. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property located only within the School Facilities Improvement District. The following information is provided in compliance with Sections 9400-9404 of the California Elections Code.

1. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 1.5 cents per $100 ($15 per $100,000) of assessed valuation in fiscal year 2009-10.

2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 1.5 cents per $100 ($15 per $100,000) of assessed valuation in fiscal year 2012-13.

3. The best estimate of the highest tax rate which 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 1.5 cents per $100 ($15 per $100,000) of assessed valuation in fiscal year 2012-13.

Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on the County of San Joaquin'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 School District's projections and estimates only, which are not binding upon the School 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 School 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 School District as determined by the County Assessor in the annual assessment and the equalization process.

Dated: June 24, 2008

/s/ James Franco,
Superintendent
Tracy Joint Unified School District

Full Text of Measure S
This Proposition may be known and referred to as the "School Facilities Improvement District No. 3 of the Tracy Joint Unified School District School Facilities Improvement Bond of 2008" or as "Measure S".

BOND AUTHORIZATION


By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Tracy Joint Unified School District (the "School District") shall be authorized to issue and sell bonds of School Facilities Improvement District No. 3 of the Tracy Joint Unified School District (the "School Facilities Improvement District") of up to $43,100,000 in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List attached hereto as Exhibit A (the "Bond Project List"), subject to all of the accountability safeguards specified below. The bonds shall be payable solely from ad valorem taxes to be levied and collected upon lands located within the School Facilities Improvement District.

ACCOUNTABILITY SAFEGUARDS


The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the School District within the boundaries of the School Facilities Improvement District may be assured that their money will be spent to address specific facilities needs of the School 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 California Education Code (the "Education Code") Sections 15264 and following).


Evaluation of Needs. The Board of Trustees of the School District (the "Board") has reviewed the School District's facility master plan in order to evaluate and address all of the facilities needs of the School 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, for the benefit of land within the area of the School Facilities Improvement District, 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 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 when the results of the election appear in the minutes of the Board. 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 School 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 School District, and a member that is both a parent or guardian of a child enrolled in the School District and active in a parent-teacher organization.

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.

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.

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 School District shall cause a report to be filed with the Board no later than January 1 of each year, commencing January 1, 2010, 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 School District shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

BOND PROJECT LIST


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


The Bond Project List, which is an integral part of this proposition, lists the specific projects the School District proposes to finance with proceeds of the bonds. Listed construction projects, replacements, repairs, rehabilitation projects and upgrades will be completed as needed at a particular school or facility site according to Board-established priorities. Each project is assumed to include its share of costs of the election and bond issuance, architectural, engineering, inspection, and similar planning and testing costs, project and construction management, demolition and interim housing costs, a contingency for unforeseen design and construction costs, and other costs incidental to and necessary for completion of such project. 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 components, 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 School 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.

FURTHER SPECIFICATIONS


Joint-Use Project. To the extent the School District enters into a joint-use agreement within the meaning of Section 17077.42 of the Education Code with respect to any school facilities to be financed with the proceeds of the bonds proposed to be issued, the electors of the School Facilities Improvement District are hereby notified that such facilities may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code.


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 40 years from the date borne by that bond.


State Matching Funds. "Approval of Measure S does not guarantee that the proposed project or projects in the Tracy Joint Unified School District that are the subject of bonds under Measure S will be funded beyond the local revenues generated by Measure S. The District's proposal for the project or projects assumes the receipt of matching State funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure."

EXHIBIT A

SCHOOL FACILITIES IMPROVEMENT DISTRICT NO. 3 OF THE TRACY JOINT UNIFIED SCHOOL DISTRICT BOND PROJECT LIST


The following projects are the priorities that have been identified by the Board of Trustees of the Tracy Joint Unified School District, and are proposed to be financed. Projects are not listed in priority order and may be enhanced, supplemented or expanded to the extent state and other unexpected funds are available for such projects in the future from non-bond sources.

THE DISTRICT'S OLDEST ELEMENTARY AND MIDDLE SCHOOLS:

  • Central Elementary School (grades K-5), 1370 Parker Avenue, Tracy
  • Delta Island Elementary School (grades K-5), 11022 W. Howard Rd., Stockton, 95206
  • McKinley Elementary School (grades K-5), 800 Carlton Avenue, Tracy
  • Monte Vista Middle School (grades 6-8), 751 W. Lowell Avenue, Tracy
  • North School (grades K-8), 2820 Holly Drive, Tracy
  • South/West Park Elementary School (grades K-5), 501 Mt. Oso Rd. & 500 W. Mt. Diablo Road, Tracy
  • Clover School + Tracy Learning Center (grades K-12), 51 E. Beverly Place, Tracy

ALL OTHER DISTRICT SCHOOL LOCATIONS:

  • Bohn Elementary School (grades K-5), 350 E. Mt. Diablo Blvd, Tracy
  • Duncan-Russell Continuation High School (grades 9-12), 164 W Grantline Road, Tracy
  • Freiler School (grades K-8) 2421 W. Lowell Avenue, Tracy
  • Hirsh Elementary School (grades K-5), 1280 Dove Drive, Tracy
  • Institute for Global Commerce & Government (grades 9-12), 1904 Corral Hollow Road, Tracy
  • Jacobson Elementary School (grades K-5), 1750 W. Kavanagh Avenue, Tracy
  • Kelly School (grades K-8), 1535 Mabel Josephine Drive, Tracy
  • Stein Continuation High School (grades 9-12), 650 W. 10th Street, Tracy
  • Tracy High School (grades 9-12), 315 E. 11th Street, Tracy
  • Villalovoz Elementary School (grades K-5), 1550 Cypress Drive, Tracy
  • West High School (grades 9-12), 1775 W. Lowell Avenue, Tracy
  • Williams Middle School (grades 6-8), 1600 Tennis Lane, Tracy

RENOVATE, MODERNIZE AND RECONSTRUCT AS NEEDED AT THE DISTRICT'S OLDEST SCHOOLS:

At the District's oldest elementary and middle school sites, as listed above, the District proposes to repair, renovate, modernize and/or reconstruct facilities that no longer fulfill their intended purpose, are unsightly, and/or require continuing maintenance that is no longer cost effective to complete, or any facility not expected to fulfill its intended purpose within the next five years. The repair, renovation, modernization and/or reconstruction will consist of the following:

  • Plumbing and storm drain system repairs, improvements and replacements, including water, sewer and storm drain systems
  • Asbestos and other hazardous material abatement/removal
  • Utility system, including electrical and gas, repairs, improvements and replacements, including utility service connection repairs, improvements and replacements
  • Technology equipment and system acquisitions and installations and/or repairs, improvements and replacements
  • Fire alarm and other life safety system repairs, improvements and replacements
  • Clock, bell and communication system repairs, improvements and replacements
  • Telephone system repairs, improvements and replacements
  • Restroom modernization, renovation, reconstruction and improvement
  • Landscape and irrigation system repairs, improvements, replacements and renovations
  • Playfield repairs, improvements, replacements and renovations, including equipment acquisition and installation
  • Heating, ventilation and air conditioning unit acquisitions and installations and/or repairs, improvements and replacements
  • Building structure repairs, improvements, replacements and renovations
  • Wall, window, door and deteriorated frame repairs, improvements, replacements and renovations
  • Roof, covered walkway and other structure repairs, improvements, replacements and renovations
  • Classroom casework and cabinetry and other finishes repairs, improvements, replacements and renovations as needed
  • Carpeting and flooring renovations, improvements and replacements
  • Interior and exterior painting

FACILITY EXPANSION AT ALL DISTRICT SCHOOLS

At all of the District's school sites, the District proposes to add or remove portable classrooms as needed for fluctuations in projected enrollment. In accordance with Proposition 39 requirements, the District also proposes to acquire land to accommodate projected enrollment increases at the Tracy Learning Center.

TECHNOLOGY TO ALL DISTRICT SCHOOLS

To deliver comparable instructional programs throughout the District, the District proposes to upgrade technology systems by acquiring or upgrading and installing necessary technology cabling and equipment at all of the District's school sites.

SECURITY SYSTEMS TO ALL DISTRICT SCHOOLS

At all of the District's school sites, the District proposes to acquire and install security devices, such as cameras and/or fencing, that will improve security and supervision at all District schools.

OTHER PROJECTS

As needed, the District proposes the following projects at all of the District's school sites:

  • Abatement/removal of hazardous materials such as asbestos, lead, etc. where necessary
  • Address unforeseen conditions revealed by listed construction, reconstruction and modernization projects (such as plumbing or gas line breaks, dry rot, seismic, structural, etc.)
  • Other improvements required to comply with existing building codes, including the Field Act and access requirements of the Americans with Disabilities Act
  • Necessary site preparation/restoration in connection with new construction, renovation or remodeling, or installation or removal of portable classrooms
  • Rental or construction of housing or storage facilities and other space on an interim basis, as needed to accommodate construction
  • For any project involving rehabilitation or renovation of a building or the major portion of a building, the District shall be authorized to proceed with new replacement construction instead, if the Board of Trustees determines that replacement and new construction is more economically practical than rehabilitation and renovation, considering the building's age, condition, expected remaining life and other relevant factors
  • All work necessary and incidental to listed projects, including demolition of existing structures
  • Architectural, engineering and other consultant fees to prepare plans and specifications for listed projects


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Created: January 27, 2009 17:56 PST
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