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LWV League of Women Voters of California Education Fund
Smart Voter
Santa Clara County, CA November 7, 2006 Election
Measure I
Bond
Evergreen School District

55% Approval Required

Pass: 15,494 / 72.82% Yes votes ...... 5,784 / 27.18% No votes

See Also: Index of all Measures

Results as of Dec 4 1:58pm, 100.0% of Precincts Reporting (65/65)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Tax Rate Statement | Full Text

To make schools safe, modernize classrooms, relieve overcrowding, and qualify for State grant funds, shall Evergreen School District:
  • upgrade fire safety and security;
  • repair aging roofs;
  • improve instructional technology;
  • improve and expand libraries;
  • construct classrooms and schools and replace portables;
  • renovate deteriorating restrooms;
  • and construct, repair and renovate local school facilities; by issuing $150 million of bonds at interest rates within the legal limit, with citizens' oversight, independent annual audits, and no money for district operating expenses?

BONDS YES
BONDS NO

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote is a vote to authorize the issuance and sale of the bonds in the amount of $150,000,000, to be secured by the levy of ad valorem taxes on property located within the district.

A NO vote on this measure means:
A "no" vote is a vote not to authorize the issuance and sale of the bonds in the amount of $150,000,000, to be secured by the levy of ad valorem taxes on property located within the district.

Impartial Analysis from the County Counsel
[The following may contain errors from retyping. The official version may be obtained from the Registrar of Voters.]

Upon approval of 55% of the votes cast by voters in an election, California law permits school districts to issue bonds, secured by the levy of ad valorem taxes on property located within a district, for the purpose of acquiring or constructing school facilities and real property. The bond measure must meet certain requirements, such as stating proceeds from the sale of the bonds will only be used as specified in Article XIIIA, Sec.1(b)(3) of the California Constitution, listing specific facilities projects to be funded, and specifying that annual audits are conducted.

The Board of Education of the Evergreen School District (the District) proposes issuing bonds in the amount of $150,000,000 at legal rates. Proceeds will be used for classroom/educational facilities improvements, including upgrading libraries and media centers to state of the art levels; wiring classrooms for multiple technologies; and acquiring or upgrading classrooms to expand preschool, day care and after school programs. Projects planned for all school facilities include replacing failing heating, air conditioning, electrical and plumbing where needed; repairing and updating restrooms; repairing and expanding parking and walking surfaces; repairing or replacing roofs, doors, and windows; and providing furniture and computer and science equipment. Proposed projects at specific school sites within the District, include building classrooms to eliminate overcrowding; expanding and renovating libraries/media centers; adding and renovating restrooms; and replacing and repairing roof systems. Land for two new school sites would be acquired and developed. The proceeds would also be used for District support facilities and any other necessary and incidental work.

The proceeds of the bonds will not be used for teacher and administrative salaries. The District would conduct annual audits and appoint a citizens' committee to ensure bond proceeds are expended only on the projects included in the ballot measure.

The District's best estimate of the tax required to be levied to fund the bonds during the first fiscal year after the sale of the first series of bonds is $5.00 per $100,000 of the assessed value of taxable property in the District for fiscal year 2007-2008. The District's best estimate of the highest tax required to fund this bond issue is $30.00 per $100,000 of assessed valuation in fiscal year 2011-2012. The District's best estimate of the tax required to fund the bonds during the first fiscal year after the sale of the last series of bonds, is $30.00 per $100,000 of assessed valuation in fiscal year 2013-2014. The District's best estimate of the average tax required to fund this bond issue is $27.10 per $100,000 of assessed valuation.

A "yes" vote is a vote to authorize the issuance and sale of the bonds in the amount of $150,000,000, to be secured by the levy of ad valorem taxes on property located within the district.

A "no" vote is a vote not to authorize the issuance and sale of the bonds in the amount of $150,000,000, to be secured by the levy of ad valorem taxes on property located within the district.

Ann Miller Ravel
County Counsel
By: /s/ Susan Swain
Lead Deputy County Counsel

  Official Information

Evergreen School District
News and Analysis

San Jose Mercury News
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Arguments For Measure I Arguments Against Measure I
[The following may contain errors from retyping. The official version may be obtained from the Registrar of Voters.]

Evergreen School District is one of the top performing districts in Santa Clara County. Seventeen of our schools have been awarded the prestigious California Distinguished School award. Our schools are a point of pride in our community. We must maintain those standards and build upon them in the future.

An attractive, well maintained school improves a child's learning environment. Measure I ensures our students attend first class schools.

Measure I expands education opportunities for students. It expands classroom space for pre-school, day care and after school programs, and upgrades and modernizes libraries and media centers.

Measure I improves school safety. It improves fire protection measures, upgrades outdoor security lighting, and repairs and improves fields and playgrounds to make them safer for our children.

Measure I builds on our excellent math and science programs. It adds computers to our classrooms and upgrades science labs and equipment so our students have access to science and technology resources.

Measure I replaces portable classrooms with new modern classrooms; restores failing heating, air conditioning, electrical and plumbing systems with modern systems; repairs aging roofs; renovates deteriorating restrooms; and improves school appearances through painting and improved landscaping.

Measure I is a low cost, smart investment. High quality public schools in our neighborhoods protect property values and provide for a strong community. Measure I ensures that homeowners will not see an increase in the bond rates they currently pay.

Measure I has built in taxpayer protections to ensure funds are spent wisely and appropriately. It requires annual audits, a citizen's oversight committee and absolutely no money for administrators' salaries.

Measure I is our opportunity to ensure that Evergreen Schools remain the pride of our neighborhoods and are world class facilities where our children receive a world class education.

/s/ Carolyn Clark
President, Evergreen School District Board of Trustees

/s/ Anne DiPalermo
Teacher, Evergreen School District

/s/ Diane M. Straetker
President, Evergreen PTA Council

/s/ Vicente M. Songcayawon
Board Member, Evergreen Business and Professional Association

No argument against was submitted to the Registrar of Voters.

Tax Rate Statement from the Superintendent of Schools
[The following may contain errors from retyping. The official version may be obtained from the Registrar of Voters.]

An election will be held in the Evergreen School District (the "District") on November 7, 2006, to authorize the sale of up to $150,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in 4 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 information presented in numbered paragraphs 1-3 below is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California.

1. The best estimate of the tax 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 0.5 cents per $100 ($5.00 per $100,000) of assessed valuation in fiscal year 2007-08.

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 3.0 cents per $100 ($30.00 per $100,000) of assessed valuation in fiscal year 2013-14.

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 3.0 cents per $100 ($30.00 per $100,000) of assessed valuation in fiscal year 2011-12.

The District's best estimate of the average tax rate which would be required to be levied to fund this bond issue over all of the years the bonds will be outstanding is $27.10 per $100,000 of assessed valuation.

Voters should note that the estimated tax rates are based on the ASSESSED VALUE of taxable property in the District as shown on the 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.

The foregoing information is based upon the District's projections and estimates only. 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 its need for construction funds and other factors, including the legal limitations on bonds approved by a 55% 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: July 20, 2006.

/s/ Clif Black
Superintendent
Evergreen School District

Full Text of Measure I
[The following may contain errors from retyping. The official version may be obtained from the Registrar of Voters.]

SCHOOL SAFETY, CLASSROOM MODERNIZATION, and SCHOOL FACILITIES CONSTRUCTION BOND

This Proposition may be known and referred to as the "School Safety, Classroom Modernization, and School Facilities Construction Bond" or as "Measure I".

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Evergreen School District shall be authorized to issue and sell bonds of up to $150,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List attached hereto as Exhibit A, and in order to qualify to receive State matching grant funds, subject to all of the accountability safeguards specified below.

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. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to the bond projects.

ACCOUNTABILITY SAFEGUARDS

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

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

Independent Citizens' Oversight Committee. The Board of Education shall establish an independent Citizens' Oversight Committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are spent 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 of Education.

Annual Performance Audits. The Board of Education 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 of Education 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 of Education shall take actions necessary pursuant to Government Code Section 53410 and following 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 December 31 of each year, commencing December 31, 2007, stating (1) the amount of bond proceeds received and expended in that year, and (2) 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 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 describes the specific projects the Evergreen School District proposes to finance with proceeds of the bonds. Listed construction projects, repairs, rehabilitation projects and upgrades will be completed as needed at a particular school site according to Board-established priorities. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. Certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured. Until all project costs and funding sources are known, the Board of Education cannot determine the amount of bond proceeds available to be spent on each project, nor guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Completion of some projects may be subject to further government approvals by State officials and boards, and to local environmental review. For these reasons, inclusion of a project on the Bond Project List is not a guarantee that the project will be completed.

Each project is assumed to include its share of costs of the election and bond issuance, construction management, architectural, engineering, inspection and other planning costs, legal, accounting and similar fees, independent annual financial and performance audits, a customary contingency for unforeseen design and construction costs, and other costs incidental to and necessary for completion of the listed projects (whether work is performed by the District or by third parties).

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

FURTHER SPECIFICATIONS

Specific Purposes. 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 shall constitute the specific purposes of the bonds, and proceeds of the bonds shall be spent only for such purposes, pursuant to 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 will 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.

EXHIBIT A

EVERGREEN SCHOOL DISTRICT BOND PROJECT LIST

Classroom/Educational Facilities Improvements

  • Upgrade libraries and media centers to "state of the art" levels
  • Upgrade and expand classroom cabinet systems and walls including shelves for televisions, students' backpacks, projector screens, and sufficient storage/book shelves; teaching walls, and tackable wall surfaces
  • Wire classrooms for power and data to allow multiple computers and technologies
  • Add new equipment and multimedia capability to enhance instruction
  • Acquire or upgrade classrooms to expand preschool, day care, after school and extra curricular programs
  • Covered outdoor demonstration classrooms

All School Facilities

  • Renovation of schools for modernization, efficiency and to facilitate educational programs
  • Replace failing heating, air conditioning, electrical and plumbing where needed
  • Repair and update restrooms where existing conditions do not meet district standards
  • Repair, replace, and improve fields and playgrounds, including but not limited to rubberized padding, benches, drinking fountains and ball walls
  • Repair, replace, or expand parking, walking surfaces, covered walkways, and signage
  • Provide furniture and equipment for all schools including computer and science equipment and replacement of worn/broken/out-of-date furniture and equipment
  • Improve exterior appearance including landscaping, drainage, irrigation and paint
  • Upgrade building exteriors including repair or replacement of roofs, doors and windows
  • Replace worn floor covering

Energy, Security, and Technology Upgrades

  • Upgrade energy management systems and motion sensors to maximize energy efficiency and to improve cost effectiveness
  • Upgrade fire alarms and security systems including fencing, outdoor lighting and surveillance cameras
  • Upgrade telephone, data, communications and technology infrastructure
  • Upgrade single to double pane windows and frames
  • Acquire and install solar systems to generate energy at each site
  • Add insulation to improve building envelope, including cool roofs

Specific Site Projects

Evergreen Elementary School

  • Build a new library/media center
  • Renovate or build new classrooms to eliminate crowding and reduce the number of portable classrooms
  • Reconfigure parking lot, including exit-lane expansion, for improved safety
  • Improve landscaping and irrigation system

Katherine R. Smith Elementary School

  • Install new windows and doors to allow more natural lighting in classrooms
  • Upgrade playgrounds, grass fields, irrigation system, walk/run paths, and sports amenities
  • Upgrade electrical capacity and technology

O. B. Whaley Elementary School

  • Build new classrooms to eliminate crowding and reduce the number of portables
  • Install new windows and doors to allow more natural lighting in classrooms
  • Upgrade or repair grass fields, irrigation system, walk/run paths and sports amenities
  • Reconfigure parking lot, including exit-lane expansion, for improved safety

Holly Oak Elementary School

  • Build new classrooms to eliminate crowding and reduce the number of portables
  • Replace deteriorating windows and doors
  • Upgrade student walkways and common areas to improve foot traffic flow and relieve crowding during peak periods
  • Improve landscaping and irrigation system

Cadwallader Elementary School

  • Build new classrooms to eliminate crowding and reduce the number of portables
  • Replace deteriorating windows and doors
  • Improve landscaping and irrigation system

Cedar Grove Elementary School

  • Expand or build a new library/media center
  • Build new classrooms to eliminate crowding and reduce the number of portables
  • Replace deteriorating windows and doors

Laurelwood Elementary School

  • Expand and renovate library/media center
  • Build a new classroom/office building to eliminate portable classrooms and crowding
  • Replace old, energy inefficient indoor lighting and upgrade outdoor lighting for safety and security

J.J. Montgomery Elementary School

  • Upgrade landscaping and irrigation at the entrance and in the courtyard
  • Replace /repair roof systems

Norwood Creek Elementary School

  • Build a new library/media center
  • Renovate the office building and expand the multipurpose room for school and after school activities
  • Renovate and add additional restrooms
  • Repair and renovate existing classrooms or replace with new classrooms

Millbrook Elementary School

  • Repair and renovate existing classrooms or replace with new classrooms
  • Renovate and expand the office, library, and multipurpose building
  • Repair or replace deteriorating plumbing systems and upgrade restrooms

Dove Hill Elementary School

  • Repair and renovate existing classrooms or replace with new classroom
  • Renovate and expand the office, library, and multipurpose building
  • Repair or replace deteriorating plumbing systems and upgrade restrooms

Tom Matsumoto Elementary School

  • Build a new classroom building to eliminate portable classrooms and eliminate crowding
  • Build an outdoor teaching area
  • Build a covered lunch patio

Silver Oak Elementary School

  • Build a new classroom building to eliminate portable classrooms and eliminate crowding
  • Build an outdoor teaching area
  • Build a covered lunch patio

James F. Smith Elementary School

  • Build an outdoor teaching area
  • Add awnings or roofs over exterior doorways
  • Build a covered lunch patio

Carolyn A. Clark Elementary School

  • Build an outdoor teaching area
  • Build a covered lunch patio

Quimby Oak Middle School

  • Repair and renovate existing classrooms or replace with new classrooms
  • Upgrade science and computer labs
  • Improve and expand teacher/staff work room and office area
  • Improve landscaping and irrigation system

George LeyVa Middle School

  • Build a new classroom wing to eliminate portable classrooms and crowding
  • Upgrade science and computer labs
  • Improve teacher/staff work room and office area
  • Reconfigure outdoor lunch area to include covered patio

Chaboya Middle School

  • Build new classrooms to prevent crowding
  • Renovate buildings, support facilities and grounds

Rouleau Children Center

  • Renovate buildings, support facilities and grounds

New School "Industrial" Site

  • Acquire land for new school
  • Complete site development including utilities
  • Complete construction of general use buildings and grounds to accommodate students, classrooms, library/multimedia facility including computer labs, cafeteria, food service facilities, and space for student-support services

New School "Arcadia" Site

  • Acquire land for new school
  • Complete site development including utilities
  • Complete construction general use buildings and grounds to accommodate students, classrooms, library/multimedia facility including computer labs, cafeteria, and food service facilities, space for student-support services

District Support Facilities

  • Build a new central teacher training facility
  • Renovate District support facilities
  • Expand bus fueling system
  • Expand Central Kitchen
  • Acquire land next to the bus yard for expansion

Other Necessary and Incidental Work

  • Improve schools as required to comply with existing building codes, including the Field Act and access requirements of the Americans with Disabilities Act
  • Necessary site preparation/restoration or demolition in connection with new construction, renovation or remodeling, or installation or removal of portable classrooms, temporary fencing, 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
  • Address unforeseen conditions revealed by construction/modernization/renovation (such as plumbing, electrical, or gas line breaks, dry rot, seismic structural, etc.)
  • Remediate hazardous materials where necessary
  • For any project involving rehabilitation or renovation of a building or the major portion of a building, authorization 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
  • Provide temporary (interim) classrooms and other school facilities as needed to accommodate students and school functions displaced during construction
  • Acquire or relocate and install portable classrooms to relieve temporary crowding
  • Relocate or build new facilities to improve the efficiency and/or accessibility of the school site
  • Rent or construct temporary storage facilities and other space as needed to house construction materials, equipment, and personnel and interim classrooms (including relocatables), for students or other storage for classroom materials displaced during construction
  • Acquisition of any of the facilities on the Bond Project List through temporary lease or lease-purchase arrangements, or execute purchase option under a lease for any of there authorized facilities, or prepay any lease obligations issued/entered into for purposes of financing any of these authorized facilities


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