5,879 / 80.5% Yes votes ...... 1,428 / 19.5% No votes

See Also: Index of all Measures

Pursuant to Section 18 of Article XVI and Section 1 of Article XIII of the California Constitution and Section15274 of the California Education Code , this measure will become effective upon the affirmative vote of at least 55% of those voters voting on the measure.

If 55% of the qualified electors voting on this measure vote for approval, the District will be authorized to issue bonds in the amount not to exceed $13,000,000. Approval of this measure will authorize the District to levy an ad valorem tax on the assessed value of real property within the District by an amount needed to pay the principal and interest on these bonds. Pursuant to the measure, the bonds may be issued and sold by the District in several series, and no bond may mature more than 25 years from the date borne by that bond.

The Tax Rate Statement for Measure A in this voter pamphlet reflects the District's best estimates, based upon currently available data and projections, of the property tax rates required to service the bonds in the first year in which taxes are expected to be levied to pay debt service on the bonds, the year in which the tax is expected to be highest, and the year following the last expected issuance of bonds, all as required by statute. The estimate of the tax rate required to be levied to fund the bonds in each year throughout the term of authorization ranges between 25 cents per 100 dollars of assessed valuation ($25.00 per $100,000) and 51 cents per 100 dollars of assessed valuation ($51.00 per $100,000) as set forth more fully in the measure's Tax Rate Statement in this Voter Pamphlet. If 55% of the qualified electors voting on this measure do not vote for approval, the measure will fail and the Albany Unified School District will not be authorized to issue the bonds.

s/RICHARD E. WINNIE County Counsel

Your YES vote means we can finish repairs and upgrades to schools in the Albany Unified School District + making them better and safer for our children and the community.

A YES vote on Measure "A" will not raise your taxes over the $231 per $100,000 in assessed value, the maximum amount promised in the 1993 general obligation bond measure. The estimated increase over current taxes is just $25+$51 per $100,000 in assessed value.

A YES on Measure "A" will:

o Assure that Albany receives $2,662,407 in matching state bond funds to support our schools.

o Correct serious and unsafe and unhealthy conditions at Marin and Ocean View elementary schools and Cougar field.

o Repair and upgrade plumbing, roofs and electrical systems at Marin and Ocean View elementary schools.

o Provide internet access and improved telephone systems at Marin and Ocean View elementary schools.

o Repair and upgrade Cougar Field running track and sports fields for student and community use.

o Ensure compliance with the Americans with Disabilities Act.

o Maintain equal facilities for all school children in our community.

This bond guarantees that a Bond Oversight Committee, made up of local citizens, will monitor the use of bond proceeds for the stated purposes and regularly report to the community.

Passing this bond is crucial for the future of our children. Teachers, parents, district staff, community leaders, and business leaders enthusiastically support Measure "A". They understand that this bond will enhance our schools, increase our property values, and provide better facilities for our community's use. For more information go to http://www.yesforalbanyschools.com.

Please join us in voting YES on Measure "A".

s/DAVID FARRELL President, Board of Education, Albany Unified School District

s/DAVID ARKIN Architect and Parent, Albany Berkeley Girls Softball League

s/DIANA LAMSON President, Albany Teachers Association

s/JON ELY Mayor of Albany

s/THELMA RUBIN Retired Public Health Nurse and former Albany Mayor

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 25 cents per $100 ($25.00 per $100,000) of assessed valuation in fiscal year 2005-06.

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 35 cents per $100 ($35.00 per $100,000) of assessed valuation in fiscal year 2007-08.

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 51 cents per $100 ($51.00 per $100,000) of assessed valuation in fiscal year 2010-11.

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, 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 14, 2004

s/WILLIAM L. WONG Superintendent Albany Unified School District

FINDINGS

The Albany community has long supported its school buildings and school programs in order to achieve educational improvements for our children.

The schools' demonstrated excellence has made Albany Unified School District a "destination district", enhancing the reputation and property values of the entire community. Albany Unified School District staff have used our bond resources carefully, obtained significant funding from the State, and stretched local dollars to complete the maximum number of projects.

Bond Measure A, passed by the District's voters in 1993, has been entirely spent or committed, and parcel taxes raised through the Parcel Tax of 1986 and the Parcel Tax of 1999 are unavailable for the building and sports field improvements that are still needed.

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Albany Unified School District shall be authorized to issue and sell bonds of up to $13,000,000 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.

ACCOUNTABILITY SAFEGUARDS

The provisions in this section are specifically included in this proposition in order that the Albany Unified School District's voters and taxpayers may be assured that their money will be spent wisely to address specific facilities needs of the Albany Unified 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 the facilities needs of the Albany Unified 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 contained in Exhibit A.

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 Exhibit A. 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 Exhibit A.

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 Exhibit A.

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 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 Assistant Superintendent, Business Services of the District shall cause a report to be filed with the Board no later than December 31 of each year, commencing December 31, 2005, 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 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 Albany Unified 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. Each project is assumed to include its share of costs of the election and bond issuance, architectural, engineering, inspection and similar planning costs, construction management, and a customary contingency for unforeseen design and construction costs. 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 nonbond sources, including State grant funds for eligible projects, have not yet been secured. Therefore the Board of Education cannot currently determine the amount of bond proceeds to be spent on each project, or guarantee that the bonds will provide sufficient funds to allow completion of all listed projects.

Some projects may be subject to further government approvals, including by State officials and boards and local environmental approval. Inclusion of a project on the bond project list is not a guarantee that the project will be completed.

FURTHER SPECIFICATIONS

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 a purpose, 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 25 years from the date borne by that bond.

ALBANY UNIFIED SCHOOL DISTRICT BOND PROJECT LIST

Marin Elementary School - 1001 Santa Fe Avenue, Albany

Modernization projects, consisting of:

Replace, repair and upgrade communications systems (telephones, intercoms, wireless, etc.)

Replace, repair and upgrade fire/life safety systems (including alarms, sprinklers, etc.)

Replace roofs as needed Upgrade, refurbish student restrooms Access improvements to comply with the Americans with Disabilities Act

Upgrade, replace primary and secondary electrical systems

Remove/abate hazardous materials, wherever found

Replace heating and ventilation/air conditioning system

Ocean View Elementary School and MacGregor High School - 1000 Jackson Street, Albany Modernization projects, consisting of:

Replace roofs as needed Replace, repair and upgrade fire/life safety systems

Replace, repair and upgrade communications systems (telephones, intercoms, wireless, etc.)

Upgrade, refurbish student restrooms

Access improvements to comply with the Americans with Disabilities Act

Upgrade, replace primary and secondary electrical systems

Install exterior lighting

Construct, replace sewer lines

Remove/abate hazardous materials, wherever found

Cougar Field - 1259 Brighton Avenue, Albany Construction and Improvement Projects at Cougar Field, consisting of:

Construct, install storm drainage system

Construct retaining wall

Upgrade bleachers with access improvements to comply with Americans with Disabilities Act

Install all-weather track and artificial turf football/soccer field

Upgrade/replace plumbing for sewer, irrigation, and drainage

Upgrade electrical system

Construct new field house and utilities

Construct new entrance to field

Upgrade baseball field, including bleachers and new dugouts

Ocean View Field - 1000 Jackson Street, Albany

In the alternative to construction of a football field at Cougar Field, construction of a football field at Ocean View Field. The new track would be installed at Cougar Field.

ALL SCHOOL SITES at which Renovation, Major Repairs and/or New Construction to be Completed

Address unforeseen conditions revealed by construction/ modernization (e.g., plumbing or gas lines breaks, dryrot, seismic, structural, etc.)

Other improvements required to comply with existing building codes, including the Field Act.

Furnishing and equipping - of newly constructed classrooms and facilities - replace worn/broken/out-of-date furniture and equipment

Necessary site preparation/restoration 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

Rental or construction of temporary classrooms (including relocatables) as needed to house students displaced during construction, and associated moving and storage costs

Acquisition of any of the facilities on the Bond Projects List through temporary lease or lease-purchase agreements, or execute purchase option under a lease for any of these authorized facilities.

"Approval of Measure A does not guarantee that the proposed project or projects in the Albany Unified School District that are the subject of bonds under Measure A will be funded beyond the local revenues generated by Measure A. 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."