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Resolution/Ballot Language - Napa


RESOLUTION NO. _____
RESOLUTION OF THE BOARD OF EDUCATION OF NAPA VALLEY UNIFIED SCHOOL DISTRICT ORDERING AN ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER WITHINN THE NAPA VALLEY UNIFIED SCHOOL DISTRICT SCHOOL FACILITIES IMPROVEMENT DISTRICT NO. 1 (NAPA AREA)


          WHEREAS, school districts are provided the authority under the Education Code to create school facilities improvement districts which would permit a district to address specific facility needs in certain geographical sections of the district; and 

          WHEREAS, the Board of Education (the “Board”) of the Napa Valley Unified School District (the “District”) has previously created its School Facilities Improvement District No. 1 (Napa Area) (the “Improvement District”) and established the boundaries of the Improvement District which will principally include territory of the District located within the City of Napa and in Napa County, California (the “County”) and exclude certain territory of the District located in the Town of Yountville and in the City of American Canyon, all as described in Exhibits B and C to Resolution No. 22-38 approved by the Board on June 9, 2022; and

          WHEREAS, the Board of the District is devoted to improving the quality of education in our local public schools by making classrooms safe from hazardous materials and suitable to support high quality instruction in core subjects like math, science, engineering and technology; and

          WHEREAS, the Board has determined that schools within the Improvement District need to be upgraded, repaired, expanded, improved and better equipped in a fiscally prudent manner to enable the District to also improve student safety and campus security by removing hazardous materials, like asbestos and by installing emergency communications systems, smoke detectors, fire alarms and sprinklers; and

          WHEREAS, since some District schools were built more than 60 years ago, additional resources are necessary to make basic improvements, including repairing leaky roofs, plumbing, heating, ventilation and electrical systems; and

          WHEREAS, the Board believes that since academic standards are rising for what it takes to compete in the 21st Century, it is in the best interest of the District to address facility improvements now and provide classrooms, labs and technology needed to ensure local students have access to education, facilities and classroom technology necessary to succeed; and

          WHEREAS, all residents benefit from living in a community with good schools and whether or not residents have school-age children, protecting the quality of our schools, the quality of life in our community, and the value of our homes, is a good long-term investment; and

          WHEREAS, the State of California (the “State”) does not provide the District with enough money for the District to adequately construct and repair schools to provide an optimal learning environment for all students and which keep pace with other top-performing districts; and

          WHEREAS, the District conducted a facilities assessment with community engagement to identify the most pressing needs in each of the District owned schools to provide safe and modern classroom environments for all students; and

          WHEREAS, the Board has received information regarding the possibility of a local bond measure and its bonding capacity; and

          WHEREAS, a local measure will help provide funds that cannot be taken away by the State to upgrade aging local schools, protect student safety and help the District qualify for State matching funds; and

          WHEREAS, such measure will include mandatory taxpayer protections, including an independent citizens’ oversight committee and mandatory audits to ensure funds are spent as promised; and

          WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act (“Proposition 39”) which reduced the voter threshold for ad valorem property tax levies used to pay for debt service on bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and

          WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Section 15264) of the Education Code (the “Act”) became operative and established requirements associated with the implementation of Proposition 39; and
          WHEREAS, Chapter 3, Part 10, Division 1, Title 1 (commencing with Section 15300) of the Education Code (the “Act”) provides that the District may call an election for the purpose of seeking voter approval for the issuance of Proposition 39 general obligation bonds for the  Improvement District; and

          WHEREAS, Napa County Board of Supervisors has adopted a resolution causing the provisions of the Act to be applicable within Napa County; and
WHEREAS, the Board desires to make certain findings herein to be applicable to this election order and to establish certain performance audits, standards of financial accountability and citizen oversight that are contained in Proposition 39 and the Act; and

          WHEREAS, the Board and District has solicited stakeholder and community input on school priorities from parents, teachers, staff, the community and civic leaders; and

          WHEREAS, the Board desires to authorize the submission of a proposition to the District’s voters at an election to authorize the issuance of bonds to pay for certain necessary improvements and enhancements to District educational facilities within the Improvement District which will improve the health, safety and quality of education for students in the District; and

          WHEREAS, the Board hereby determines that, in accordance with Opinion No. 04-110 of the Attorney General of the State of California, the restrictions in Proposition 39 which prohibit any bond money from being wasted or used for inappropriate administrative salaries or other operating expenses of the District shall be enforced strictly by the District’s Citizens’ Oversight Committee; and

          WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the Proposition 39 limits per year per $100,000 of assessed valuation of taxable property; and

          WHEREAS, Elections Code Section 9400 et seq. requires that a tax rate statement be contained in all official materials relating to the election, including any ballot pamphlet prepared, sponsored, or distributed by the District; and

          WHEREAS, the Board desires to authorize the filing of a tax rate statement and a ballot argument in favor of the proposition to be submitted to the voters at the election; and

          WHEREAS, pursuant to the Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, November 8, 2022, and to request the Napa County Registrar of Voters to perform certain election services for the District.  


          NOW THEREFORE, THE BOARD OF EDUCATION OF THE NAPA VALLEY UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:


          Section 1._____That the Board, pursuant to Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506, hereby requests the Napa County Registrar of Voters to conduct an election under the provisions of Proposition 39 and the Act and submit to the electors of the Improvement District the question of whether bonds of the District in the aggregate principal amount of $200,000,000 (the “Bonds”) shall be issued and sold for the purpose of raising money for the projects described in Exhibits “A” and “B” hereto.  Both exhibits are directed to be printed in the voter pamphlet.  The District's Superintendent, or designee, is hereby authorized and directed to make any changes to the text of the measure, or to the abbreviated form of the measure, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of election officials, and requirements of law.

          Section 2._____That the date of the election shall be November 8, 2022.

          Section 3._____That the purpose of the election shall be for the voters in the Improvement District to vote on a proposition, a copy of which is attached hereto and marked Exhibit “A,” incorporated by reference herein, and containing the question of whether the District shall issue the Bonds to pay for improvements within the Improvement District to the extent permitted by such proposition. In compliance with Proposition 39 policies of the Board and the Act, the ballot propositions in Exhibits “A” and “B” are subject to the following requirements and determinations:

          (a)     that the proceeds of the sale of the Bonds shall be used only for the purposes set forth in the ballot measure and not for any other purpose, including teacher or administrator salaries or other school operating expenses;

          (b)     that the Board, in establishing the projects set forth in Exhibit “B,” evaluated the safety, class size reduction, classroom, educational and information technology needs of the District as well as the importance of the projects to improve student learning in core subjects like math, science, engineering, and technology;

          (c)     that the Board shall cause an annual, independent performance audit to be conducted to ensure that the Bond monies get spent only for the projects identified in Exhibit “B” hereto;

          (d)     that the Board shall cause an annual, independent financial audit of the proceeds from sale of Bonds to be conducted until all of the Bond proceeds have been expended;

          (e)     that the Board shall appoint a Citizens’ Oversight Committee in compliance with Education Code Section 15278 no later than 60 days after the Board enters the election results in its minutes pursuant to Education Code Section 15274; and

          (f)     that the tax levy authorized to secure the Bonds of this election shall not exceed the Proposition 39 limits per $100,000 of taxable property in the District when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.

          Section 4._____That the authority for ordering the election is contained in Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506.

          Section 5._____That the authority for the specifications of this election order is contained in Education Code Section 5322. In connection with ordering the election pursuant to the provisions mentioned above, the District has obtained reasonable and informal projections or assessed property valuations that take into consideration projections of assessed property valuations made by the county assessor that are available to the District. 

          Section 6._____That the Napa County Registrar of Voters and the Napa County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 8, 2022 within the Improvement District.  As provided in Elections Code Section 10403, the District acknowledges that the consolidation election will be conducted in the manner described in Elections Code Section 10418.

          Section 7._____That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to the Napa County Registrar of Voters no later than August 12, 2022.

          Section 8._____That the Bonds may be issued pursuant to Education Code Section 15264 et seq. or Government Code Section 53506.  The maximum rate of interest on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531.

          Section 9._____That the Board requests the governing body of any such other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such election and to further provide that the canvass of the returns of the election be made by any body or official authorized by law to canvass such returns, and that the Board consents to such consolidation.  The Board further authorizes the submission of a tax rate statement and primary and rebuttal arguments, as appropriate, to be filed with the Napa County Registrar of Voters by the established deadlines.

          Section 10._____That the Board authorizes the Superintendent or his designee to enter into professional services agreements with KNN Public Finance LLC, as municipal advisor and Stradling Yocca Carlson & Rauth, as bond counsel in connection with the matters authorized by this resolution. 

          Section 11._____Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of Napa County is requested to permit the Registrar of Voters to render all services specified by Elections Code Section 10418 relating to the election, for which services the District agrees to reimburse Napa County, such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.


ADOPTED, SIGNED AND APPROVED this 23rd day of  June, 2022.

BOARD OF EDUCATION OF THE NAPA VALLEY  UNIFIED SCHOOL DISTRICT
By____________________________________________________     
  President                                         

Attest:

__________________________________________________
                      Secretary


STATE OF CALIFORNIA    )
                                           )ss    
NAPA COUNTY                )


          I, Rosanna Mucetti, do hereby certify that the foregoing is a true and correct copy of Resolution No.____, which was duly adopted by the Board of Education of the Napa Valley Unified School District at the meeting thereof held on the 23rd day of June, 2022, and that it was so adopted by the following vote:


AYES:

NOES:

ABSENT:

ABSTENTIONS:

By____________________________________________________     
Secretary                                   

 

EXHIBIT A

“To upgrade Napa schools to meet safety/academic standards,  fix deteriorating roofs, plumbing/ electrical systems, remove hazardous materials including asbestos/ lead pipes; construct, repair, upgrade, and acquire classrooms, labs, facilities/equipment to support student achievement in science, math,  technology, and skilled trades, shall Napa Valley Unified School District School Facilities Improvement District No. 1 (Napa Area)’s measure authorizing $200,000,000 in bonds at legal rates be adopted, levying 2¢/$100 assessed value ($14,000,000 annually) while bonds are outstanding, with independent citizen oversight and all money staying in Napa?”


Bonds – Yes                                                                                                                               Bonds – No

                

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE NAPA VALLEY UNIFIED SCHOOL DISTRICT SCHOOL FACILITIES IMPROVEMENT DISTRICT NO. 1 (NAPA AREA)
BOND MEASURE ELECTION NOVEMBER 8, 2022


          The following is the full proposition presented to the voters of the Improvement District by the Napa Valley Unified School District.

‘Transforming our schools to instill and inspire lifelong learning in every student’

“To upgrade Napa schools to meet safety/academic standards,  fix deteriorating roofs, plumbing/ electrical systems, remove hazardous materials including asbestos/ lead pipes; construct, repair, upgrade, and acquire classrooms, labs, facilities/equipment to support student achievement in science, math,  technology, and skilled trades, shall Napa Valley Unified School District School Facilities Improvement District No. 1 (Napa Area)’s measure authorizing $200,000,000 in bonds at legal rates be adopted, levying 2¢/$100 assessed value ($14,000,000 annually) while bonds are outstanding, with independent citizen oversight and all money staying in Napa?”


PROJECT LIST

          In a comprehensive effort to ‘improve the quality of education in local public schools’ in the Napa Valley Unified School District (the “District”) the Board and District staff have evaluated existing educational programs and facilities both throughout the entire District and within the boundaries of the School Facilities Improvement District No. 1 (Napa Area)  and met with diverse groups of stakeholders to develop the Project List.   The Board considered the District’s urgent and critical facility needs, including safety issues, condition of school facilities, class size reduction, computer and information technology, along with current and future enrollment trends in developing the type of projects to be funded. 

          The District also conducted an extensive facilities evaluation and received public input in developing this Project List. Teachers, staff, community members and the Board have prioritized the key health and safety needs so that the most critical facility needs are addressed. The Board also adopted a comprehensive phased plan to improve aging schools in Napa and American Canyon, many of which are between 50-65 years old.  The Board found that our school facilities are weathered, dated and ill-equipped to sustain the current and future educational needs of the students and staff of the District.  

Renovate, update and repair existing school and District facilities to support high quality instruction 

  • Repair and upgrade aging classrooms and school facilities including deteriorating roofs, heating and ventilation systems, plumbing and electrical systems.
  • Remove hazardous materials like asbestos and lead pipes from older schools.
  • Update older schools to meet the same academic and safety standards as new schools, including any necessary earthquake retrofit.
  • Upgrade older schools to meet the current health codes, building safety codes, and ensure proper access for students with disabilities. 
  • Replace and update existing elementary and middle school activity areas and play structures to improve safety while supporting student physical fitness.
  • Construct new multipurpose rooms and repurpose former multipurpose rooms into libraries and multi-use classrooms to support hands on learning and instruction in science, technology, engineering, arts and math.*

 


Improve student safety and success

  • Improve and upgrade student safety and campus security systems, including security cameras, emergency communications systems, intruder protection systems, smoke detectors, fire alarms and sprinklers.  
  • Repair and upgrade aging classrooms and school facilities including deteriorating roofs, heating and ventilation systems, plumbing and electrical systems.
  • Remove hazardous materials like asbestos and lead pipes from older schools.
  • Update older schools to meet the same academic and safety standards as new schools, including any necessary earthquake retrofit.
  • Upgrade older schools to meet the current health codes, building safety codes, and ensure proper access for students with disabilities.
  • Replace and update existing elementary and middle school activity areas and play structures to improve safety while supporting student physical fitness.

 


Improve student academic performance and preparation for high school, college and careers

  • Improve computer systems, instructional technology and equipment to provide classrooms with the technology and facilities needed to support high quality instruction in science, technology, engineering and math. 
  • Renovate classrooms and labs for science and other core academics and vocational and career technology education.
  • Upgrade and refurbish school libraries to build and support student academic development in reading, writing and the arts.
  • Build modern physical education & health services centers at Napa and Vintage High Schools.*
  • Renovate classrooms, labs, technology, restrooms, outdoor spaces, etc. to support high quality instruction in core and elective classes along with improving the safety of these areas.
  • Construct new multipurpose rooms and repurpose former multipurpose rooms into libraries and multi-use classrooms to support hands on learning and instruction in science, technology, engineering, arts and math.*

     *Unexpected cost escalation may delay these projects.

 

          The Project List also includes the following types of potential upgrades and improvements at schools, facilities and sites within the Improvement District that the District may need to possibly consider in response to unanticipated circumstances: add or renovate student and staff restrooms; repair and replace electrical, plumbing, heating, ventilation and air conditioning  systems; upgrade of facilities for energy efficiencies; repair and replace worn-out and deteriorated roofs, windows, walls, floors, doors and drinking fountains; construct or renovate multi-purpose learning spaces and libraries; install wiring and electrical systems to safely accommodate computers, technology and other electrical devices; upgrade or construct physical education, music, art, performing and fine arts classrooms or facilities, outdoor amphitheaters, science, computer labs/classrooms, auditoriums, libraries and buildings, swing space, covered eating areas, shade structures; repair and replace fire alarms, emergency communications and security systems; improve facilities to satisfy ADA requirements; resurface or replace asphalt, broken concrete and improve hard courts, turf and irrigation/drainage systems, all-weather outdoor tracks and campus landscaping; install signage, and fencing; improve all site utilities; acquire land; construct new school buildings; upgrade or replace interior and exterior painting, floor covering (including carpets), and school facades; demolition; upgrade finishing kitchens, food service, and school cafeterias; construct various forms of storage and support spaces and classrooms; improve outdoor learning environments and quads; repair, upgrade and install interior and exterior lighting systems; construct, acquire or improve playgrounds, play structures, athletic fields, tennis courts, gymnasiums, tracks and facilities to support student health, fitness and safety, lockers, and other facilities serving District students; replace outdated security fences and security systems, provide lunch shelters, multi-purpose rooms, learning, media, fitness and wellness centers. In addition to the listed projects stated above, the Project List also includes the acquisition of a variety of instructional, maintenance and operational equipment, including the reduction or retirement of outstanding lease obligations and interim funding incurred to advance fund projects from the Project List; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects.  

          The upgrading of technology infrastructure includes, but is not limited to, network rewiring, cabling, computers, mobile interface devices, data centers, switches, routers, modules, sound projection systems, public address systems, laser printers, digital white boards, document projectors, upgrade voice-over-IP, clock/telephone/ intercom systems, call manager and IT security, wireless technology systems, refresh classroom technology, acquire necessary software and  miscellaneous IT and instructional equipment, data storage, phones, identity cards and the construction and installation of a data center in the cloud for the District enterprise systems, such as resource planning, websites, domain name systems, cloud applications and information security. 

          The budget for each project is an estimate and may be affected by factors beyond the District’s control.  The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts are awarded and projects are completed.  Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed.  Demolition of portable classrooms and existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating more enhanced and operationally efficient campuses. Necessary on-site and off-site improvements, site preparation and restoration may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation or drainage systems, traffic signals, sewer or utility lines, trees and landscaping, relocating fire access roads, road widening, and acquiring any necessary easements, licenses, permits or rights of way to the property.  The listed projects will be completed as needed.  Each project is assumed to include its share of furniture, equipment, architectural, engineering, legal fees and similar planning costs, connection fees, permit fees, program/project management, staff training expenses and a customary contingency for unforeseen design and construction costs.  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 bond projects.  Bond proceeds shall only be expended for the types of projects and purposes identified herein.  The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.


                       FISCAL RESPONSIBILITY: Community Accountability Requirements

To ensure that every penny from this measure benefits local schools and that no funds are taken away by the State or other school districts, this measure will benefit from the following safeguards:

  • Require the establishment of an independent citizen oversight committee to review all expenditures to ensure that funds are used as promised. 
  • Require annual independent financial audits of all expenditures to ensure that fiscally responsible financial controls are followed.  
  • Require public disclosure of all spending.
  • Do not spend funds on schools considered for closure and/or consolidation.
  • Prohibit any funds from being used for administrator salaries or pensions. 
  • Prohibit the issuance of expensive capital appreciation bonds.
  • Leverage other sources of funds such as property sales, developer fees and State matching funds in order to fulfill the project list, if needed.

In accordance with Education Code Section 15272, the Board of Education will appoint a citizen’s oversight committee and conduct annual independent audits to assure that funds are spent only on voter authorized projects, including the management and oversight of projects, and for no other purpose.  The expenditure of bond money on these projects is subject to stringent financial accountability requirements.  By law, performance and financial audits will be performed annually, and all bond expenditures will be monitored by an independent citizens’ oversight committee to ensure that funds are spent as authorized and specified.  The citizens’ oversight committee must include, among others, representation of a bona fide taxpayers association, a business organization and a senior citizens organization.  No district employees or vendors are allowed to serve on the citizens’ oversight committee.  Proceeds from the sale of the bonds authorized by this proposition shall be used only for the acquisition, construction, reconstruction, rehabilitation, or replacement of school facilities including the furnishing and equipping of school facilities, and not for any other purpose, including teacher and school administrator salaries and other operating expenses not spelled out in Education Code 15272.


 
                                          End of Full Text Ballot Proposition