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Santa Clara County, CA November 6, 2012 Election
Measure J
Bonds
Alum Rock Union Elementary School District

55% Approval Required

Pass: 18442 / 79.53% Yes votes ...... 4746 / 20.47% No votes

See Also: Index of all Measures

Results as of Dec 17 1:46pm, 100.0% of Precincts Reporting (48/48)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Tax Rate Statement | Full Text

To improve neighborhood schools by removing mold and asbestos; fixing leaky, deteriorated roofs; replacing inefficient/ aging heating, ventilation, and electrical systems to save money; improving fire safety/ security; updating computer technology/ science labs for 21st century learning; repairing aging restrooms; and acquiring, constructing, and repairing sites/ facilities, shall Alum Rock Union Elementary School District issue $125 million in bonds at legal rates with required independent financial audits, citizens' oversight and no money for administrators' salaries?

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 $125 million 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 $125 million to be secured by the levy of ad valorem taxes on property located within the District.

Impartial Analysis from County Counsel
Approval of Measure J does not guarantee that the proposed project or projects in the Alum Rock Union School District that are the subject of bonds under Measure J will be funded beyond the local revenues generated by Measure J. The school district's proposal for the project or projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.

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 within a district, for the purpose of 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.

The Board of Trustees (Board) of the Alum Rock Union Elementary School District (District) proposes issuing bonds in the amount of $125 million. As identified in the measure, bond proceeds would be used to (1) improve neighborhood schools by removing mold and asbestos; (2) fix leaky, deteriorated roofs; (3) replace inefficient/aging heating, venting and electrical systems to save money; (4) improve fire safety/security; (5) update computer technology/science labs; (6) repair aging restrooms; and (7) acquire, construct and repair sites/facilities.

Proceeds of the bonds would be deposited into a building fund held by the County treasurer and could not be used for teacher and administrator salaries, or other school operating expenses. The District would conduct performance and financial audits, and appoint an independent citizens' oversight committee to ensure bond proceeds are expended as promised.

The District's best estimate of the tax rate to be levied to fund the proposed bond issue is $30.00 per $100,000 during the first fiscal year after the sale of the first series of bonds and during the first fiscal year after the sale of the last series of bonds. The District's best estimate of the highest tax rate that would be required to be levied to fund the bond issue is $30.00 per $100,000 per fiscal year of assessed valuation.

A "yes" vote is a vote to authorize the issuance and sale of the bonds in the amount of $125 million 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 $125 million to be secured by the levy of ad valorem taxes on property located within the District.

Lori E. Pegg
Acting County Counsel

By: s/ Susan Swain
Lead Deputy County Counsel

  Nonpartisan Information

Silicon Valley Taxpayers Assn. voter guide for Santa Clara County, Nov. 2012
Silicon Valley Taxpayers Assn. nonpartisan voter guide for ballot measures in Santa Clara County, Nov. 6, 2012
This election is archived. Any links to sources outside of Smart Voter may no longer be active. No further links will be added to this page.
Links to sources outside of Smart Voter are provided for information only and do not imply endorsement.

Arguments For Measure J Arguments Against Measure J
Vote YES on J to repair and modernize local schools in the Alum Rock Union Elementary School District to ensure that all students learn in safe, modern classrooms. Measure J invests in a better future for all students by providing access to 21st century science and computer labs.

Many local schools are 40 to 74 years old and desperately need repairs. Measure J removes mold and asbestos from our schools, fixes leaky, deteriorated roofs, and completes many other needed repair projects.

Measure J replaces aging, inefficient electrical, heating and air conditioning systems, saving Alum Rock Union Elementary School District hundreds of thousands of dollars each year in utility and maintenance costs - money that can be put back into the classroom to improve academic instruction in core subjects.

Vote YES on J.

  • Remove hazardous materials, like mold and asbestos.
  • Replace aging, inefficient electrical, heating and air conditioning systems.
  • Fix leaking roofs, windows and doors.
  • Ensure safe access for disabled students.
  • Modernize classrooms and provide 21st century science and computer labs

Every penny of Measure J will be used to improve local schools.
  • NO funds can be taken by the State.
  • All funds will be controlled locally, with citizen oversight and annual audits to ensure funds are used as promised.
  • Local schools will be eligible for millions of dollars in State matching funds.
  • No funds can be used for administrators' salaries, benefits or pensions.

Measure J invests in our students' future, providing them with the science, math and computer skills needed to succeed in high school, college and or the careers of the 21st century.

Measure J creates local construction jobs and pumps millions of dollars into our local economy, supporting our local businesses.

JOIN PARENTS, TEACHERS, LOCAL BUSINESSES AND COMMUNITY LEADERS.

Vote YES on Measure J.

s/ Nora Campos
California State Assemblymember

s/ Frank Cortez
President, Alum Rock Village Business Association

s/ Julie Ramirez
Treasurer, Linda Vista Elementary School PTA

s/ Jocelyn B. Merz
President, Alum Rock Educators Association

s/ Hilario B. Ruiz
Veteran and Senior Citizen

Rebuttal to Arguments For
It was three short years ago that voters passed the Alum Rock Union Elementary School District's Measure J to sell up to $179 million in bonds to fund improvements to our neighborhood schools, fix leaky roofs, improve fire safety, upgrade classrooms, update computer technology, and renovate restrooms.

Now the School District is back again asking for our approval to borrow another $125 million in bonds to fund exactly the SAME school improvements, using exactly the SAME arguments. The School District always uses the same arguments to try to scare us into voting for more debt or higher taxes. This time we should say NO.

The School District still is working on Measure J projects and should prioritize its spending to make sure the students - our children - are safe and secure and receive a great education. Allowing the School District to borrow even more money will not make our schools better; it will just increase the money going to pay debt service instead of providing a better education for our children.

We remember 2009's Measure J. We don't need more debt for our schools.

Vote NO on Measure J.

You can be for schools, for students, for teachers, and against Measure J.

For more information: http://www.SVTaxpayers.org/alum-rock

s/ John W.S. Roeder
President, Silicon Valley Taxpayers Association

s/ Edward Leo Wimmers
Chair, Libertarian Party of Santa Clara County

When school boards put bond measures like Measure J before the voters, what are they saying? They are admitting that everything they are spending your tax dollars on now is more important than the projects for which this tax hike is being sought. School budgets reflect priorities. Alum Rock Elementary School District is saying every educational dollar spent today is going to something they consider a higher priority than removing "mold and asbestos; fixing leaky, deteriorated roofs" and "updating computer technology".

Do you agree?

The website http://www.ed-data.k12.ca.us, reports 13,060 students in the district, which means the bond's actual expenditures are $9,571 per student not counting interest and principal repayment. When you buy a home, "truth in lending" laws require you be told the real cost of buying that home. Shouldn't consumer laws apply to bond issues too? For example:

Borrowing $125,000,000 and paying 3% interest for 40 years equals annual payments of $5,369,760 in principal and interest for a total lifetime cost of $214,790,400.

As a consumer, you deserved to know the full truth about Measure J.

Instead of paying $5,369,760 (principle & interest) every year to remove "mold and asbestos" or "fixing leaky....roofs and for "up-to-date computers", your educational dollars will be going to big banks, investment brokers, and other wealthy people to be used as a tax shelter. Is this the best use of your tax dollars?

What's more important to you:

1. Spending $5,369,760 a year on "updating computer technology." or

2. Spending $5,369,760 a year to fund tax shelters for big banks, investment brokers, and the rich.

If you value "updating computer technology" more than other people's tax shelters, vote NO on Measure J.

If you value removal of "mold and asbestos" more than making interest payments for 40 years, vote NO on Measure J.

Want more? http://www.SVTaxpayers.org/alum-rock

s/ John W.S. Roeder
President, Silicon Valley Taxpayers Association

s/ Edward Leo Wimmers
Chair, Libertarian Party of Santa Clara County

Rebuttal to Arguments Against
Do nothing. That's what the authors who oppose Measure J--who do not live in the Alum Rock Union Elementary School District--recommend we do to protect and improve our local schools. Dozens of community leaders, homeowners, teachers, parents, and business leaders disagree. Now is the time to invest our children.

Measure J repairs local schools in the Alum Rock Union Elementary School District. It provides funds to remove mold and asbestos from our schools, and fixes leaky, deteriorated roofs.

Measure J replaces aging, inefficient electrical, heating and air conditioning systems, saving Alum Rock Union Elementary School District hundreds of thousands of dollars each year, putting money back into classrooms to improve academic instruction in core subjects.

Many of our schools were built between 40 and 74 years ago. Measure J ensures all students learn in safe, modern classrooms. It provides access to state-of-the-art science and computer labs providing students with the science and math skills to succeed in high school, college and careers of the 21st century.

Every penny of Measure J must be used to improve local schools.

  • NO funds can be taken by the State.
  • Local schools will be eligible for millions of dollars in State matching funds.
  • All funds will be controlled locally, with citizen oversight and annual audits.
  • No funds can be used for administrators' salaries, benefits or pensions.

Finally, Measure J creates local construction jobs and pumps millions of dollars into our local economy, supporting our local businesses.

JOIN PARENTS, TEACHERS, LOCAL BUSINESSES AND COMMUNITY LEADERS in voting YES on Measure J.

s/ Xavier Campos
San Jose City Councilmember

Tax Rate Statement from Superintendent, Alum Rock Union School District
An election will be held in the Alum Rock Union Elementary School District (the "District") on November 6, 2012, on the question of whether to authorize up to $125,000,000 in bonds to be issued by the District to finance school facilities as described in the ballot measure. Principal and interest on the bonds will be paid from taxes levies on the taxable property in the District. The information contained in numbered paragraphs 1 - 3 below is provided in compliance with Section 9401 of the Elections Code of the State of California. This information is based on the best estimates and projections presently available from official sources, experience within the District and other demonstrable factors.

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 $.03000 per $100 of assessed valuation, which equates to $30.00 per $100,000 of assessed valuation in fiscal year 2013-14.

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 $.03000 per $100 of assessed valuation, which equates to $30.00 per $100,000 of assessed valuation in fiscal year 2028-29.

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 $.03000 per $100 of assessed valuation, which equates to $30.00 per $100,000 of assessed valuation in every year.

Voters should note that the estimated tax rates are based on the 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 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 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.

Submittal of the foregoing statement has been approved by the Alum Rock Union Elementary School District.

s/ Stephen Fiss, Superintendent
Alum Rock Union Elementary School District

Full Text of Measure J
To improve neighborhood schools by removing mold and asbestos; fixing leaky, deteriorated roofs; replacing inefficient/ aging heating, ventilation, and electrical systems to save money; improving fire safety/ security; updating computer technology/ science labs for 21st century learning; repairing aging restrooms; and acquiring, constructing, and repairing sites/ facilities, shall Alum Rock Union Elementary School District issue $125 million in bonds at legal rates with required independent financial audits, citizens' oversight and no money for administrators' salaries?

BONDS--YES
BONDS--NO

BOND AUTHORIZATION

By approval of this proposition by at least 55 percent of the registered voters voting on the proposition, the District will be authorized to issue and sell bonds of up to $125 million in aggregated principal at interest rates below the legal limit and to provide financing for the specific school facilities projects listed in the Bond Project List described below, subject to all the accountability requirements specified below.

The Bonds may be issued under the provisions of the California Education Code (starting at Section 15100), under the provisions of the California Government Code (starting at Section 53506), or under any other provision of law authorizing the issuance of general obligation bonds by school districts. The Bonds may be issued in series by the District from time to time, and each series of Bonds shall mature within the legal limitations set forth in the applicable law under which the Bonds are issued.

ACCOUNTABILITY REQUIREMENTS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers in the District may be assured that their money will be spent wisely. Expenditures to address specific facilities needs of the District will be in compliance with the requirements of Article XIIIA, 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 School Board has identified detailed facilities needs of the District and has determined which projects to finance from a local bond at this time. The School Board hereby certifies that it has evaluated safety, class size reduction, enrollment growth, and information technology needs in developing the Bond Project List shown below.

Independent Citizens' Oversight Committee. The School Board shall establish an Independent Citizens' Oversight Committee under Education Code Section 15278 and following to ensure that bond proceeds are expended only on the school facilities projects listed below. The committee will be established within 60 days of the date when the results of the election appear in the minutes of the School Board.

Performance Audits. The School Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed below.

Financial Audits. The School 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 below.

FURTHER SPECIFICATIONS

No Administrator Salaries. Proceeds from the sale of bonds authorized by this measure shall be used only for the construction, reconstruction and/or rehabilitation of school facilities including the furnishing and equipping of school facilities or 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.

BOND PROJECT LIST

Projects Subject to Available Funding. The following list of projects is subject to the availability of adequate funding to the District. Approval of the bond measure does not guarantee that the proposed projects in the District that are the subject of bonds under the measure will be funded beyond the local revenues generated by the bond measure. The District's proposal for the projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.

Charter School Facilities. Consistent with the District's obligation under Proposition 39 (approved by California voters in November 2000) and Section 47614 of the Education Code, the District shall make available, to each charter school operating in the District, facilities sufficient for the charter school to accommodate all of the charter school's in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools of the District. Following the passage of the bond measure, the District shall meet and confer with the charter schools to enter into an agreement with the charter schools regarding the equitable and proportionate sharing of bond proceeds to comply with such obligation of the District, and to best meet the educational needs of District students.

Scope of Projects. Bond proceeds will be expended to modernize, replace, renovate, construct, acquire, equip, furnish, rebuild and otherwise improve educational and support facilities within the District. Projects which are described below include all related and incidental costs, including their share of the costs of the election and bond issuance and costs of design, engineering, architect and other professional services, inspections, site preparation, utilities, landscaping, construction management and other planning, legal, accounting and similar costs, independent annual financial and performance audits, a customary construction contingency, and other costs incidental to and necessary for completion of the listed projects.

Bond proceeds may also be expended to acquire real property (or any interest in real property) for future educational and support facilities and to acquire and install furniture, fixtures and equipment at any classrooms and other educational facilities within the District. The District may alter the scope and nature of any of the specific projects which are described below as required by conditions that arise during the course of design and construction.

Whenever specific items are included in the following list, they are presented to provide examples and are not intended to limit the generality of the broader description of authorized projects. The order in which particular projects are listed is not intended to indicate priority for funding or completion.

RENOVATION, MODERNIZATION, AND REPAIR OF EXISTING SCHOOLS AND FACILITIES

Bond proceeds will be expended to modernize, replace, renovate, construct, equip, rebuild and furnish the District's facilities as described in the following list. Whenever specific items are included in the following list, they are presented to provide an example and are not intended to limit the generality of the broader description of authorized projects.

The facilities and improvements to be financed by the bonds issued for the District include the modernization, replacement, renovation, construction, acquisition, equipping, furnishing, and other improvements to any existing or future school sites of the District, including sites owned by the District as well as sites which are owned or operated by charter schools in the district serving District students. Such school sites include but are not limited to the following existing schools:

School Year Built
Adelante Academy (K-8) at Rogers 1966
Clyde Arbuckle Elementary (K-5) 1961
Sylvia Cassell Elementary (K-5) 1963
Cesar Chavez Elementary (K-5) 1950
Horace Cureton Elementary (K-5) 1952
A.J. Dorsa Elementary (K-5) 1960
Mildred Goss Elementary (K-5) 1961
O.S. Hubbard Elementary (K-5) 1959
Linda Vista Elementary (K-5) 1959
L.U.C.H.A. Elementary (K-5)
at San Antonio
1967
Lyndale Elementary (K-5) 1959
Millard McCollam Elementary (K-5) 1958
Donald Meyer Elementary (K-5) 1962
Ben Painter Elementary (K-5) 1961
William Rogers Elementary (K-5) 1967
Anthony P. Russo Academy (K-2)
/James P. McEntee Academy (3-5)
formerly Lester Shields
1956
Thomas P. Ryan Elementary (K-5) 1967
San Antonio Elementary (K-5) 1967
(rebuilt 2011)
Harry Slonaker Elementary (K-5) 1962
Clyde Fischer Middle School (6-8) 1960
Renaissance Middle School (6-8)
at Fischer
1960
Renaissance at Mathson (6-8)

Joseph George Middle School (6-8) 1970
Lee Mathson Middle School (6-8) 1959
Ocala Middle School (6-8) 1973
William Sheppard Middle School (6-8) 1962
ACE Elementary (Charter) School (5-8)
at Chavez
1950
Alpha: Blanca Alvarado Middle School
(Charter) (6-7) at Slonaker
1962
Downtown College Prep (DCP) (6-8)
formerly Grandin Miller
1966
KIPP Heartwood Elementary School (K-5)
formerly Grandin Miller
1966
KIPP Heartwood Middle School (5-8)
scheduled to open in 2013-14 SY

Improvements for Student Health and Safety

  • Remove mold and asbestos from aging school structures.
  • Replace aging and inefficient electrical, heating and air conditioning systems for safety and to save money.
  • Fix leaky or deteriorating roofs.
  • Complete needed repair projects to provide safe, well-maintained classrooms, science labs and other school facilities.
  • Improvements to ensure safe access for disabled students, teachers, staff and community members.
  • Improve existing student earthquake, fire and other safety systems, or install new such systems.
  • Upgrade aging and/or deteriorating restrooms.
  • in order to promote student health and wellness, upgrade school walkways, safe bike paths, cafeterias and other school facilities.
  • Enhance student safety, including improving security systems, lockable gates, security locks, security cameras, outdoor lighting, fencing and emergency communication systems and other safety enhancements.
  • Improve school site parking, upgrade student drop-off areas and improve off-street parking, including repair of unsafe asphalt.

Energy Efficiency Improvements and Other Cost-Saving Improvements

  • In order to preserve District funds to help protect core academic programs in math, science, technology, reading and writing, upgrade and replace electrical, heating, cooling and ventilation systems for energy efficiency and to reduce energy costs, and refund outstanding lease obligations.

Technology Improvements for 21st Century Classroom Instruction

  • Upgrade classroom technology and technology infrastructure, including acquisition of computers, servers, network facilities and other technology equipment.
  • Create a technology fund to help ensure that classroom technology can be upgraded on a regular basis so students always have access to upgraded teaching and learning tools.
  • Update electrical wiring to support 21st century classroom computers and instructional technology.
  • Update library technology.
  • Provide up-to-date science labs and related equipment.

Repair and Upgrade of School Facilities

  • Repair/replace leaking or deteriorating roofs.
  • Renovate, upgrade classrooms, buildings, including physical education, administration areas, upgrade facilities, as needed; improve access for students and teachers with disabilities, remove hazardous materials, if any.
  • Add additional classrooms to reduce class size.
  • Upgrade drainage systems, improve school grounds including landscaping, walkways and drinking fountains.
  • Renovate, upgrade and provide additional classrooms, library facilities, multipurpose rooms, buildings, storage and support areas, administrative office facilities, walkways and other educational facilities as needed; improve access for students and teachers with disabilities.
  • Upgrade the District central support office, including electrical, hearing, cooling and ventilation systems, restrooms, signage, door locks, outdoor security lighting, handicapped accessibility and adding relocatable rooms; repair/replace deteriorating roofs, and District technology systems.
  • Provide after-school centers for student use for homework and extracurricular activities.
  • Upgrade educational support offices, including electrical, heating, cooling and ventilation systems, restrooms, signage, door locks, outdoor security lighting, handicapped accessibility and adding relocatable rooms; repair/replace deteriorating roofs, and technology systems.
  • Upgrade or provide District athletic facilities, including play court surfaces and athletic fields.
  • Modernize classrooms and schools to meet current safety codes.
  • Complete necessary repair projects to provide safe, well-maintained classrooms.

Accountability Measures

As required by Section 53410 of the Government Code, the following accountability measures are hereby made a part of the District's Bond Measure J (the "Bond Measure"):

(a) The specific purpose of the Bonds is set forth in the Full Text of the Bond Measure;

(b) The proceeds from the sale of the District's bonds will be used only for the purposes specified in the Bond Measure, and not for any other purpose;

(c) The proceeds of the Bonds will be deposited into a Building Fund to be held by the Santa Clara County Treasurer, as required by the California Education Code; and

(d) The Superintendent of the District shall cause an annual report to be filed with the Board of Trustees of the District, the first report to be filed not later than one year after the issuance of the first series of the Bonds, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in the Bond Measure, as required by Sections 53410 and 53411 of the Government Code.


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Created: December 17, 2012 13:46 PST
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