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Smart Voter
Santa Clara County, CA June 8, 2010 Election
Measure E
School Bonds
Los Gatos Union School District

Bond Issue - 55% Approval Required

Pass: 6,412 / 71.51% Yes votes ...... 2,554 / 28.49% No votes

See Also: Index of all Measures

Results as of Jun 23 2:21pm, 100.0% of Precincts Reporting (42/42)
Information shown below: Impartial Analysis | Arguments | Tax Rate Statement | Full Text

To accomodate increasing student enrollment and continue modernizing elementary and middle schools in the Los Gatos Union School District by creating additional classrooms and school facilities to avoid overcrowding; providing science labs; improving energy efficiency and fire safety; replacing aging portable classrooms and infrastructure; and improving student access to information technology; shall the Los Gatos Union School District be authorized to issue $30.9 million in general obligation bonds subject to an annual audit and with an independent citizens' oversight committee?
BONDS YES
BONDS NO

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

     The Board of Trustees of the Los Gatos Union School District (the Board) proposes issuing bonds in the amount of $30,900,000. Consistent with constitutional requirements, the Board states that no proceeds from the bonds will be used for teacher or administrator salaries or other school operating expenses. As described more fully in Measure E, proceeds will be used to: 1) construct, furnish and equip classrooms and a gymnasium, as well as to improve and convert classrooms for arts and science programs at R.J. Fisher Middle School; 2) construct and improve specialized program space at all district facilities; 3) construct, furnish and equip new buildings to replace existing facilities at Lexington Elementary School; 4) replace dated portable classrooms at Louise Van Meter Elementary School; 5) improve infrastructure district-wide, including outdoor activity space at Daves Elementary; and 6) undertake energy efficiency projects at district facilities. If State matching funds become available, they will be used and applied to the bond projects.

     The Board certifies it has evaluated safety, class size reduction, and information technology needs in developing the list of projects Measure E will fund. The projects proposed by the Board are consistent with the permissible use of proceeds from school bonds. The Board will conduct annual independent performance and financial audits to ensure funds are properly expended. These accountability measures meet the requirements of Article XIIIA, section 1(b)(3). Additionally, an independent oversight committee will be appointed to ensure bond proceeds are expended consistent with Measure E.

     For fiscal year 2010-2011, the Board'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 $29.97 per $100,000. For fiscal year 2014-2015, the Board's best estimate of the tax required to fund Measure E bonds during the first fiscal year after the sale of the last series of bonds would be $29.93 per $100,000 of assessed valuation. The Board's best estimate of the highest tax required to fund the bonds would be $29.97 per $100,000 of assessed valuation in fiscal year 2010-2011.

     A "yes" vote is a vote to authorize the issuance and sale of the $30,900,000 bonds.

     A "no" vote is a vote not to authorize the issuance and sale of the $30,900,000 bonds.

Miguel Marquez
Acting County Counsel
By: /s/Susan Swain
Senior Lead Deputy County Counsel

  Official Information

N.B. This is not an official version of the measure. For the official wording contact the Registrar of Voters or the district sponsoring the measure.
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Los Gatos Union School District
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Arguments For Measure E
Local elementary and middle school students in Los Gatos Union School District receive a high-quality education. Los Gatos schools rank among the best in the state due to rigorous academic programs and dedicated teachers.

Our outstanding local schools bring many families to Los Gatos. Over the next 6 years, district student enrollment is projected to increase by 21%, while student population at Fisher Middle School is projected to increase by 38%. That is why Measure E is so important.

Measure E will provide classrooms and instructional facilities to prevent overcrowding and ensure a safe, modern learning environment.

Your YES vote on Measure E will:

  • Provide additional classrooms to prevent overcrowding
  • Provide science labs at Fisher Middle School
  • Replace portables at Van Meter Elementary School with permanent classrooms
  • Replace facilities at 50-year-old Lexington Elementary School to improve fire safety and provide a safe, modern learning environment
  • Invest in educational program access and safety improvements at Blossom Hill and Daves Avenue Elementary Schools
  • Update heating and ventilation systems and install solar panels to improve energy efficiency

Measure E requires strict fiscal accountability provisions.
  • All Measure E funds will stay in our community to support Los Gatos elementary and middle school facilities. The State cannot take away any Measure E funds.
  • Funds can only be used for school facilities improvement and expansion.
  • An independent citizens' oversight committee will ensure funds are spent as promised.
  • Annual audits are required.

Measure E will help maintain strong student achievement by providing a safe, modern learning environment where students can focus on academic success.

Our excellent schools are part of what makes Los Gatos a desirable place to live, which benefits everyone by protecting our property values.

Join parents, teachers, local business owners, community leaders and seniors in voting YES on Measure E to support continued student achievement in our local schools.

/s/ Dawn C. Barker
President, Los Gatos Elementary Teachers Association

/s/ Dorothy M. Rouse
43-Year Los Gatos Resident

/s/ Joe Pirzynski
Vice Mayor, Town of Los Gatos

/s/ Randi Chen
Parent, Daves Avenue School

/s/ Douglas Sporleder
Retired Fire Chief

(No arguments against Measure E were submitted)

Tax Rate Statement from the Superintendent
     An election will be held in the Los Gatos Union School District (the "District") on June 8, 2010 to submit to electors of the District the question of whether to authorize the sale of up to $30.9 million of general obligation bonds of the District to finance the acquisition, construction, improvement and equipping of real property for school purposes. It is expected that bonds would be issued in series over time. If such bonds are authorized and sold, the principal thereof and interest thereon will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400-9404 of the California Elections Code. Such information is based upon the best estimates and projections presently available from official sources, upon experience within the District and other demonstrable factors.

     Based upon the foregoing and projections of the District's assessed valuation, and assuming the entire debt service will be amortized through property taxation:

     1. The best estimate of the tax which would be required to be levied to fund the bond issue during the first fiscal year after the sale of the first series of bonds is 3.00¢ per $100 ($29.97 per $100,000) of assessed valuation in fiscal year 2010-2011.

     2. The best estimate of the tax rate which would be required to be levied to fund the bond issue during the first fiscal year after the sale of the last series of bonds and an estimate of the year in which that rate will apply is 2.99¢ per $100 ($29.93 per $100,000) of assessed valuation for the fiscal year 2014-2015.

     3. The best estimate of the highest tax rate which would be required to be levied to fund the bond issue and an estimate of the year in which that rate will apply is 3.00¢ per $100 ($29.97 per $100,000) of assessed valuation for the fiscal year 2010-2011.

     4. The best estimate of the average tax rate which would be required to be levied to fund this bond issue over all the years the bonds are expected to be outstanding, based on, estimated assessed valuations available at the time of filing of this statement, is 1.87¢ per $100 ($18.71 per $100,000) of assessed valuation.

     Voters should note that the estimated tax rates are based on ASSESSED VALUE of taxable property 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 attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only, which are not binding upon the District. Such projections and estimates may vary due to variations in timing of bond sales, the amount of bonds sold at each bond sale, market interest rates at the time of each bond sale and actual assessed valuation over the term of repayment of the bonds. The actual dates of the sales of said bonds and the amount sold on any given date will be governed by the needs of the District and other factors. The actual interest rates at which the bonds will be sold, which in any event will not exceed the maximum rate permitted by law, will depend upon the bond market at the time of each sale. Actual assessed valuation in future years will depend upon the value of property within the District as determined in the assessment and the equalization process. Hence, the actual tax rates and the years in which such rates are applicable may vary from those presently estimated above.

Dated: March 2, 2010

/s/ Richard Whitmore
Superintendent, Los Gatos Union School District

Full Text of Measure E
     The specific school facilities projects that the Los Gatos Union School District proposes to finance with proceeds of bonds authorized by this proposition (the "Bond Project List") are listed in the following pages, which is an integral part of the proposition. The Bond Project List was developed by the Board of Trustees (the "Board") upon evaluation of, among other factors, safety, class size reduction, and information technology needs. Each listed project may include a share of bond issuance costs, program planning and analysis, architectural, engineering, and similar planning costs, construction management, relocation costs, legal costs and other costs ordinarily chargeable to capital accounts otherwise permitted by law, the costs of furnishing and equipping new classrooms, and a customary contingency for unforeseen site acquisition, design, construction and other costs. No bond money will be used for teacher or administrator salaries or any other school operating expenses.

     Approval of this proposition does not guarantee that the proposed projects in the Los Gatos Union School District that are the subject of bonds under the proposition will be funded beyond the local revenues generated by the proposition. If state matching funds become available, they will be used for and applied to the Bond Project List. The Los Gatos Union School 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. The Board does not guarantee that the bonds will provide sufficient funds to allow completion of all listed projects.

     The Bond Project List describes work that the Los Gatos Union School District may undertake, provided funds are sufficient to complete the work contemplated. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. Los Gatos Union School District commits that no funds obtained through bonds authorized by this measure will be spent except for projects listed on the Bond Project List.

     Any Bonds issued pursuant to Section 15100 et seq. of the Education Code shall have a maturity not exceeding twenty-five (25) years, and any Bonds issued pursuant to Section 53506 et seq. of the Government Code shall have a maturity of not exceeding forty (40) years and that the Bonds shall bear interest at a rate not exceeding the applicable legal limits.

     Pursuant to Section 53410 of the Government Code, 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 Chief Fiscal Officer of the District shall cause a report to be filed no later than January 1 of each fiscal year 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 period as the Chief Fiscal Officer shall determine and may be incorporated in the annual budget, any annual financial or performance audit (including the annual audits required by Proposition 39), or any other appropriate routine report to the Board.

     All expenditures by the Los Gatos Union School District of funds obtained through bonds authorized by this proposition shall be subject to the review and oversight of a Citizens' Oversight Committee, which shall actively review and report on the proper expenditure of taxpayers' money for the projects on the Bond Project List.

     The Citizens' Oversight Committee shall review annual, independent performance and financial audits of bond fund expenditures and report to the public at least once a year on the results of its activities. The Citizens' Oversight Committee will have the responsibility to report to the public if any bond funds are being spent in violation of Proposition 39 or in a manner inconsistent with the Bond Project List.

      BOND PROJECT LIST

     Proceeds generated by the Los Gatos Union School District's proposed bond measure and any available State matching funds would be used to:

     1) Construct, furnish and equip additional classrooms and facilities at R.J. Fisher Middle School to accommodate enrollment;

     2) Construct, furnish and equip a gymnasium at R.J. Fisher Middle School for physical education and other school wide activities to accommodate enrollment;

     3) Improve and convert district classrooms for arts and science programs, including but not limited to the construction and improvement of science laboratories and music rooms at R.J. Fisher Middle School, and the construction and improvement of specialized program space to meet District curricular needs at all District facilities;

     4) Construct, furnish and equip new buildings to replace existing classrooms; administration, library, and multipurpose rooms; and other existing facilities at Lexington Elementary School to accommodate enrollment;

     5) Construct, furnish and equip new buildings at Louise Van Meter Elementary School to accommodate enrollment and replace dated portable classrooms;

     6) Improve infrastructure at all District facilities through the acquisition, installation, construction, rehabilitation, improvement and/or equipping of heating and air conditioning systems and equipment; plumbing and waste management systems; safety and security systems; outdoor activity space including but not limited to covered outdoor space at Daves Elementary; and computing, telephony and technology infrastructure and equipment; and

     7) Acquire and install photovoltaic cells (or other energy efficiency technology) to District facilities, including but not limited to Blossom Hill Elementary School, to generate solar power, including the related rehabilitation, improvement and/or equipment of such District facilities.


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Created: August 20, 2010 21:42 PDT
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