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Alameda County, CA November 2, 2010 Election
Measure I
Bonds to improve school safety and facilities
Berkeley Unified School District

55% Approval Required

Pass: 31723 / 77.16% Yes votes ...... 9390 / 22.84% No votes

See Also: Index of all Measures

Results as of Jan 6 2:56pm, 100.00% of Precincts Reporting (99/99)
Information shown below: Impartial Analysis | Arguments | Tax Rate Statement |

To improve school safety and facilities for learning and teaching, shall Berkeley Unified School District issue $210,000,000 in bonds at interest rates within the legal limit, to construct new classrooms for growth, complete seismic upgrades, construct science labs, upgrade computers and education technology, renovate playgrounds, replace restrooms, cafeterias, roofs, heating and fire safety systems, remove hazardous materials, improve energy efficiency, and qualify for State grants, with independent audits and citizen oversight? The State cannot take the funds.

Impartial Analysis from County Counsel Richard E. Winnie
Measure I, a Berkeley Unified School District ("District") bond measure, seeks voter approval to authorize the governing Board of the District to cause general obligation bonds to be issued and sold in an aggregate principal amount not to exceed $210,000,000.00 at interest rates within the statutory limit. The primary purpose of the bonds is to finance specific school facilities projects in the measure.

Pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution and California Education Code Section 15266, this measure will become effective upon the affirmative vote of at least 55% of the qualified electors voting on this measure.

California Education Code Section 15100 limits the use of the proceeds from the bonds sale to construction, reconstruction, rehabilitation or replacement of school facilities, and the acquisition of real property for school facilities. In addition, proceeds may only be used for the projects listed in the measure itself. Measure I provides that its proceeds will fund projects outlined in the measure reproduced in the sample ballot that include, among others: constructing new classrooms and science labs; completing seismic upgrades; upgrading computers and technology; and renovating playgrounds. Proceeds may not be used for any other purpose, such as operating expenses or teacher and administrator salaries.

If 55% of those who vote on the measure vote "yes", the District will be authorized to issue bonds in an aggregate principal amount not to exceed $210,000,000.00.

Approval of this measure will authorize Alameda County 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 in each year that the bonds are outstanding.

The Tax Rate Statement for Measure I 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. The best estimates of the maximum tax rate to fund the bonds are: (a) no more than $15.00 per $100,000.00 of assessed valuation for the first fiscal year after the sale of the first series, and (b) no more than $60.00 per $100,000.00 of assessed valuation for the first fiscal year after the sale of the last series. The best estimate of the highest tax rate required to be levied to fund the bonds is $60.00 per $100,000.00 of assessed valuation.

An independent citizens' oversight committee will monitor bond expenditures.

If 55% of those voting on this measure do not vote for approval, the measure will fail and the District will not be authorized to issue the bonds.

s/RICHARD E. WINNIE
County Counsel

The above statement is an impartial analysis of Measure I, which is printed in full in this sample ballot pamphlet. If you desire an additional copy of the measure, please call the Elections Official's office at (510) 272-6933 and a copy will be mailed at no cost to you.

 
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Arguments For Measure I Arguments Against Measure I
Quality education is supported by quality facilities.

Passage of Measure I is urgently needed to:

Build a new classroom building, improve technology
and athletics facilities to complete Berkeley High.
Build new elementary school classrooms, necessary
for our schools' growing enrollments.
Build science labs, career and technical education
classrooms and install modern technology.
Perform major replacements, such as roofs, boilers,
and improve energy efficiency.
Allow Berkeley to qualify for matching State funds.

Approval of this facilities bond will continue Berkeley's commitment to educate our children in safe and sound schools. Good schools bring value not just to students and families, but to the whole community. The bond is simply a continuation of Berkeley's current financial commitment to its schools. Tax rates will not be set higher than past levels.

The great results of Berkeley's past investment can be seen all around Berkeley.

With few exceptions, all buildings have been renovated
to meet or exceed state seismic standards for school+few California districts have done this.

Well-maintained, attractive facilities provide a welcoming
learning environment and enhance our neighborhoods.

New and renovated facilities at Berkeley High and
across the district have improved student welfare and replaced unsafe buildings.

Measure I includes strict oversight, independent audits and a citizen's oversight committee, as mandated by the State. The State cannot take these funds.

Our community is uniting to invest in Berkeley schools.

Measure I is endorsed by: Berkeley Association of Realtors, League of Women Voters, Berkeley Federation of Teachers, all City Council members, all School Board members, Senator Loni Hancock, Assembly member Nancy Skinner, Supervisor Keith Carson, and many community leaders.

Please join us + Vote Yes on Measure H and I to continue Berkeley's commitment to its schools. BerkeleySchools2010. com

s/Nancy Skinner


Assemblymember

s/Tom Bates


Mayor

s/Helen Walker, individually and on behalf of, President, Berkeley Association of Realtors

s/Shirley R. Brower


Educator+Consultant

s/Sherry Smith, individually and on behalf of, President, League of Women Voters of Berkeley, Albany & Emeryville

Rebuttal to Arguments For
Vote NO on Measure I

This $210,000,000 bond, if approved, will make a total of $550,000,000 spent by the district in the past 18 years. This is more than DOUBLE the amount spent by any other district of comparable size in CALIFORNIA. The district has already spent more than any other district in CALIFORNIA! And Berkeley is far from the best district in terms of performance--our scores go down each year.

Some of the major expenditures considered by the district for this bond measure are:

Item          Expenditure in
MILLIONS
SEISMIC PAID FOR IN PRIOR BONDS           42.5
MAINTENANCE--SEE MEASURE H           14.0
SYSTEM UPGRADES & REPLACEMENT
-DISTRICT HAS NEW SCHOOLS
          101.5
REPLACE OBSOLETE BUILDING SYSTEMS
-LOOKS LIKE A DOUBLE COUNTING
           91.5
DERBY FIELD--FUNDED IN TWO
PRIOR BOND MEASURES--MONEY
NEVER SPENT ON DERBY FIELDS
          3.5

OTHER ITEMS MAKE UP THE DIFFERENCE

IN REALITY THERE IS NO WAY TO IDENTIFY HOW THESE MONEYS WILL BE SPENT. THEY WILL CERTAINLY DEMOLISH THE WARM WATER POOL AT BHS, THEY WILL BURDEN EVERY HOMEOWNER WITH A $500,000 ASSESSMENTANOTHER $1,000 IN TAXES. Berkeleyans deserve more from their school district than simply higher taxes with no accountability and no transparency. VOTE NO! Join families, businesses and the greater community who want the District to balance its needs with ours.
s/Julie Dickinson


Individually and On Behalf, Secretary, Council of Neighborhood Associations (CNA)

s/Barbara Gilbert


On Behalf of, Vice-President, North East Berkeley Association (NEBA)

s/Cole Smith


On Behalf of, Treasurer Berkeleyans Against Soaring TAXES! (BASTA!)

s/Viki Tamaradze


Individually and on behalf of, Secretary and Treasurer, Berkeley Can Do Better (BCDB)

s/Frankie L. Fraser


Past Pres. San Pablo PK. Neig. Council, Past HAC Commissioner (SPNC)

VOTE NO ON MEASURE I

GENEROUS BERKELEY VOTERS HAVE ALREADY APPROVED MEASURE AAND AA (340 MILLION). MILLIONS MORE WERE RECEIVED FROM THE STATE FOR CONSTRUCTION OF SCHOOLS. MEASURE AA. (116.5 MILLION) PROVIDED FOR .CONSTRUCTION OF CLASSROOMS AT BERKELEY HIGH WHICH WERE NEVER BUILT. THERE HAS NEVER BEEN AN ACCOUNTING OF THE $116.5 MILLION TO THE PUBLIC OR THE SCHOOL BOARD.

THE EXPENDITURE OF THE BOND FUNDS HAVE NEVER BEEN AUDITED. THERE IS NO OVERSITE OR ACCOUNTABILITY FOR FUNDS EXPENDED.

TEN MILLION HAS BEEN EXPENDED FOR A SCHOOL BUS PARKING LOT AND MAINTENANCE FACILITY WHICH WAS NOT AUTHORIZED. ANOTHER 10 MILLION HAS BEEN SET ASIDE FOR NEW BLEACHERS AT BERKELEY HIGH. NEITHER. PROJECT WAS MENTIONED IN THE PRIOR BOND MEASURE.

NO MORE FUNDS SHOULD BE APPROVED UNTIL THE PAST BOND MEASURE FUNDS ARE ACCOUNTED FOR, VOTE NO ON MEASURE I

s/Julie Dickinson


Individually and On Behalf, Secretary, Council of Neighborhood Associations (CNA)

s/George S. Oram


Founder of Elmwood Realty and Berkeley Can Do Better( BCDB) and Parent of BUSD Students

s/Arthur Goldberg


Former Chair, Citizen Budget Review Commission and Board Member, Council Of Neighborhood Associations (CNA)

s/Greg Harper

Attorney, Former Chair Housing Advisory Commission, Treasurer, Berkeley Alliance of Neighborhood Associations (BANA)

s/William D. Hermann, Profession of Economics and North East Berkeley Association (NEBA) Board Member

Rebuttal to Arguments Against
The opponents' statement is deceptive and erroneous. There are many levels of accountability for all Berkeley Unified bond funds.

1. All bond funds are independently audited yearly.

2. A citizens committee reviews all expenditures.

3. The School Board has approved all bond projects
and receives regular updates and financial statements.

4. In a June 2008 comprehensive financial and performance
audit of the Measure AA bond, approval process and expenditures for the previous 8 years, the district passed with flying colors.

Berkeley's facilities needs are real and pressing--passage of Measure I is vital.

  • * Classrooms at Berkeley High are needed--11 portable classrooms are on the softball field.

  • * The high school needs modern science labs.
  • * Our elementary schools are bursting at the seams.
  • * All classrooms need technology upgrades.
  • * Our schools' roofs, boilers and other systems need replacement over the next ten years.

Measure I will not raise rates higher than the level of past years.

There is no better investment than making sure our children receive a quality education--and the foundation of quality education is safe, sound schools.

Endorsers include:

the Berkeley Association of Realtors,

the League of Women Voters (Berkeley, Albany, Emeryville),

State Senator Loni Hancock, Assembly Member Nancy Skinner, Supervisor Keith Carson, all School Board members, all City Council members and the Mayor, and community members throughout Berkeley.

Vote Yes on Measures H & I! Join the broad coalition of caring Berkeleyans in continuing a tradition of local support for Berkeley Schools! BerkeleySchools2010.com

s/Ann-Marie Hogan


Berkeley City Auditor

s/Rev. George E. Crespin


Pastor Emeritus

s/Michele Lawrence


Former BUSD Superintendent

s/Maggie Gee


Member, Democratic Party Central Committee, Alameda County

s/Irma Parker


Berkeley Activist

Tax Rate Statement from Superintendent, Berkeley Unified School District
An election will be held in the Berkeley Unified School District (the "District") on November 2, 2010, to authorize the sale of up to $210,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District plans to sell the bonds in six series over a period of approximately ten years. 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 maximum 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 no more than one and one-half cents per $100 ($15.00 per $100,000) of assessed valuation in fiscal year 2011-12.
2. The best estimate of the maximum 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 no more than six cents per $100 ($60.00 per $100,000) of assessed valuation in fiscal year 2020-21.
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 six cents per $100 ($60.00 per $100,000) of assessed valuation, which is estimated to apply in fiscal years 2018-19 through 2038-39.

Approval of the ballot measure authorizes the issuance of bonds under certain conditions, and is not approval of a specific tax rate or a specific bond issuance plan. The tax rate estimates in this statement reflect the District's current projection of future assessed values and of future debt service payments, which are based on certain assumptions. 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 and repayment structure of bonds sold, 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 of the bonds and the amount and repayment structure of bonds sold at any given time will be determined by the District based on its need for construction funds, its intention to meet the tax rate targets stated above, the legal limitations on bonds approved by a 55% vote, and other factors. The actual interest rates at which the bonds are 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. 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.

Dated: June 18, 2010.

s/William Huyett


Superintendent


Berkeley Unified School District


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