Anaheim City Schools: Vote Yes on Measure J Bonds - Orange County - 2016 general Election
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  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Commentary on Measure J

Are you sure you want vote to support this extravagant measure? It has no accountability.

This campaign was designed by a member of the school bonds cartel. We figured out just the right words to get you to you to open up your checkbook.

We'd also like to introduce you to our partners -- bond lawyers, brokers, wealthy investors, architects, management firms, construction companies, and trade unions. We all stand to make a ton of money on these bonds. Our profits come right off the top, before a penny is actually spent on improving the facilities.

We're not just doing it for the money. We like to show off our work in Architectural Digest and other places where the rich and famous congregate.

Remember, we've taken a lot of risk. We gave money to get your governing board members elected, so they'd be sure to remember us when we came around for a hand-out later.

It's just business-as-usual, here in sunny Corruptifornia.

Please don't read the fine print. That's just put in by the lawyers to make what we're going to do to for you legal.

When you see highlighting in the documents below, it to see the commentary.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure J Question

A-1

EXHIBIT A

"Anaheim Elementary Schools Repair/ Improvement Measure. To repair and modernize classrooms and older neighborhood schools to support reading, math, science, technology, arts, , plumbing, wiring/ air-conditioning, improve access for students with disabilities/ special medical needs, update technology, improve student safety/ security, acquire, renovate and construct classrooms, facilities, sites/ equipment, shall Anaheim Elementary School District issue $318,000,000 in bonds at legal rates, with , audits, no money for administrator salaries, all money staying local?"

Bonds Yes Bonds No

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Impartial Analysis for Measure J

Impartial Analysis
Anaheim Elementary School District
Measure J

The California Constitution provides that school districts may issue general obligation bonds 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, with the approval of 55% of the voters of the district, voting at an election for that purpose. The California Constitution further provides that the bond measure must include a requirement that the bond proceeds will be used only for the permitted purposes and other requirements designed to ensure accountability.

The Board of Education of the Anaheim Elementary School District has proposed to the voters within the Anaheim Elementary School District that general obligation bonds be issued in an amount up to $318,000,000 and that ad valorem taxes be levied upon taxable property within the school district to repay the bonded indebtedness.

The measure provides that proceeds from the sale of the bonds will generally be used to modernize, repair, construct and upgrade school facilities within the Anaheim Elementary School District, including upgrading inadequate electrical systems, libraries and science facilities; modernizing technology and security infrastructure; repairing or replacing roofs, carpets and windows; repairing or replacing HVAC systems and plumbing; and improving athletic fields, play apparatus and playgrounds. Bond proceeds may only be spent on the projects set forth in the measure.

The measure provides that a citizens' oversight committee will be established to ensure that bond proceeds are properly expended within Anaheim Elementary School District. In addition, annual performance and financial audits will be conducted. The measure also requires the Superintendent of the Anaheim Elementary School District to submit a yearly report to the Board of Education as long as the proceeds of the bond remain unexpended. The measure further provides that bond proceeds will not be used for teacher or administrator salaries or other school operating expenses.

Approval of the measure does not guarantee that the proposed project or projects in the Anaheim Elementary School District that are the subject of bonds under the measure will be funded beyond the local revenues generated by the measure. 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.

The Board of Education of the Anaheim Elementary School District has called the election for the purpose of submitting the measure to the voters within the school district. If 55% of the voters within Anaheim Elementary School District voting on the measure vote "yes," the school district may proceed to sell the bonds and levy the related taxes as estimated in the tax rate statement. A "no" vote on this measure will disapprove the issuance of the bonds and the levy of the taxes for such bonded indebtedness.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Argument in Favor of Measure J

Ballot Measures-J 7
Section

Argument in Favor of Measure J

Vote Yes on J: help support 21st-century education at Anaheim's neighborhood elementary schools.

Improved academic programs and a rigorous curriculum at our local schools have led to growing student achievement. Measure J will ensure Anaheim schools have the necessary funding to renovate classrooms, science labs and libraries that support high quality education - all of which will stay in the district and cannot be taken away by the State.

Many of our neighborhood elementary schools were built more than 50 years ago. Some have only been partially renovated, and others need extensive repairs and upgrades. While great work has been done, much is left to do in order to maintain our quality education in a safe, modern learning environment.

Voting Yes on J Will:

  • Provide facilities, equipment to support high quality instruction in reading, math, science and technology
  • Remove hazardous materials like asbestos and lead paint from older schools
  • Improve older schools so they meet the same safety, academic standards as newer schools
  • Improve access and educational facilities for students with disabilities and special medical needs
  • Repair or replace plumbing, electrical, and air conditioning systems where needed

Local Control of All Spending:

  • can only be spent in Anaheim elementary schools and cannot be taken away by the State
  • A project list detailing exactly how the money will be allocated guarantees that all funds are only spent on voter-approved projects
  • Annual audits and an independent citizens' oversight committee ensure that all funds are spent as promised.

We are fortunate to live in a community that supports high quality neighborhood schools. Please join us: vote Yes on J to ensure all Anaheim elementary school students have access to safe, modern schools that support 21st-century education.

s/ Dr. Jeff Cole
President, Anaheim Elementary Board of Education

s/ Bob Gardner
Long-time Anaheim Resident and Educator

s/ Joe Carter
Member, Greater Anaheim Kiwanis

s/ Jenny Franke

2015-16 Anaheim Elementary Teacher of the Year

s/ Jessie Alvarez
Lincoln Elementary School PTA Representative

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Argument Against Measure J

No argument against this measure was submitted.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Full Text of Measure J

B-1

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE ANAHEIM ELEMENTARY SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 8, 2016

The following is the full proposition presented to the voters by the Anaheim Elementary School District.

"Anaheim Elementary Schools Repair/ Improvement Measure. To repair and modernize classrooms and older neighborhood schools to support reading, math, science, technology, arts, replace deteriorating roofs, plumbing, wiring/ air-conditioning, improve access for students with disabilities/ special medical needs, update technology, improve student safety/ security, acquire, renovate and construct classrooms, facilities, sites/ equipment, shall Anaheim Elementary School District issue $318,000,000 in bonds at legal rates, with independent citizen oversight, audits, no money for administrator salaries, all money staying local?"

PROJECT LIST

The Board of Education of the Anaheim Elementary School District is committed to improving the quality of education in local schools with safe, secure, upgraded classrooms, labs and technology needed to support high quality instruction in math, science and technology. To that end, the Board evaluated the District's urgent and critical facility needs, including the age of District schools, student safety, overcrowding, class size reduction, computer and information technology, and , in developing the scope of projects to be funded. The District conducted a 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 concluded that protecting the quality of our schools, the quality of life in our community, and the value of our homes is a wise investment. Therefore, in approving this Project List, the Board of Education determines that the District must:

  1. (i) Repair or replace deteriorating roofs, plumbing, heating, ventilation and electrical systems, where needed; and
  2. (ii) Provide our students with the same opportunities as others by upgrading schools to keep pace with other school districts; and
  3. (iii) Provide the facilities and technology needed to support high quality instruction in math, science and technology; and
  4. (iv) Improve access to educational facilities for students with disabilities or special medical needs; and
  5. (v) Adhere to clear system of accountability, such as:
    1. (a) All expenditures must be subject to annual independent financial audits.
    2. (b) An independent citizens' oversight committee must be appointed to ensure that all funds are spent properly.

B-2

The Project List includes the following at District schools and sites:

LOCAL SCHOOL FUNDING TO SUPPORT HIGH QUALITY INSTRUCTION
IN MATH, SCIENCE AND TECHNOLOGY:

Basic School Repair and Upgrade Projects

Goals and Purposes: All money raised by the measure will stay local to support our students.

It cannot be taken away by the State or used for other purposes.

If we want our students to succeed in college and careers, they must be skilled in the use of today's technologies and have a solid background in science, math, and technology. This measure will make this possible.

Since many of our schools were built more than 50-years ago and have never been renovated, they need to be repaired and updated. It's time to make essential repairs and improvements so that these schools can serve our community well for the decades to come.

  • ? Improve access and educational facilities for students with disabilities and special medical needs.
  • ? Repair or replace deteriorating roofs, plumbing, heating, ventilation and electrical systems, where needed.
  • ? Improve heating, ventilation, insulation, doors and windows to increase energy efficiency and save money.
  • ? Replace aging portable classrooms that are expensive to repair and maintain with new, up-todate classrooms.
  • ? Remove hazardous materials like asbestos and lead paint from older schools.
  • ? Improve pick-up and drop-off zones and parking lots to improve student safety and traffic flow.

STUDENT SAFETY AND ACHIEVEMENT:

Projects That Improve Student Safety and Success

Goals and Purposes: Whether or not you 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 wise investment.

B-3

This measure will improve student safety and campus security to avoid gang violence and shootings.

By upgrading classrooms, we will prevent overcrowding and improve student access to teachers, resources and facilities and make our students more successful.

  • ? Improve older schools so that they meet same safety and academic standards as newer schools.
  • ? Improve student safety and campus security systems, including security fencing and cameras, emergency communication systems, smoke detectors, fire alarms and sprinklers.
  • ? Provide facilities and equipment needed to support high quality instruction in music and performing arts.
  • ? Provide facilities and equipment needed to support high quality instruction in math, science and technology.
  • ? Create flexible, multi-use classrooms to support hands-on-science instruction and learningby- doing.
  • ? Add classrooms, labs and school facilities where needed to prevent overcrowding.
  • ? Keep educational technology in the classroom up-to-date.

FISCAL ACCOUNTABILITY

This bond measure has strict accountability requirements including:

1. All money will benefit local schools and CANNOT BE TAKEN BY THE STATE.

2. NO MONEY can be used for ADMINISTRATOR SALARIES.

3. Require CITIZENS' OVERSIGHT and yearly reports to the community to keep the District accountable for how the funds are spent.

4. NO TEACHER OR ADMINISTRATOR SALARIES. 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 or administrator salaries, pensions and other operating expenses.

5. FISCAL ACCOUNTABILITY. 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 PROMISED AND SPECIFIED. THE CITIZENS' OVERSIGHT COMMITTEE MUST INCLUDE, AMONG OTHERS, REPRESENTATION OF A BONA FIDE TAXPAYERS ASSOCIATION, A BUSINESS ORGANIZATION AND A SENIOR B-4 CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS' OVERSIGHT COMMITTEE.

* * *

The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, and a customary contingency for unforeseen design and construction costs. 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 and from the Project List; , environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects.

In addition to the projects listed above, the repair, renovation, construction and equipping of school facilities includes, some or all of the following: renovate student and staff restrooms; upgrade libraries for 21st Century learning; construct classrooms and multipurpose buildings; repair and replace heating, air conditioning and ventilation systems; upgrade of facilities for energy efficiencies, including energy management systems; repair and replace worn-out and deteriorated roofs, windows, floors, walls, doors and drinking fountains; create single point of entry at school sites; improve or construct facilities for art, science, music, performing arts; improve school facilities for disability access; install shade structures, wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrade or construct classrooms, labs, support facilities (including administrative, non-student instruction spaces and District office), physical education (including playground equipment), and central and site kitchens; repair and replace gas, plumbing, water and sewer systems and lines, fire alarms, fire safety systems, phone systems, emergency communications, security systems, doors and locks; resurface or replace hard courts, asphalt, turf and irrigation systems and campus landscaping; expand or modify parking lots and dropoff areas; ; interior and exterior painting and floor covering; demolition; construct various forms of storage and support spaces and classrooms; repair, upgrade and install interior and exterior lighting systems; improve playgrounds, athletic fields and play apparatus; install unitary surfacing in existing playgrounds; and replace outdated fences, security gates and cameras (including access control systems). The upgrading of technology infrastructure includes, but is not limited to, computers, LCD projectors, portable interface devices, servers, switches, routers, modules, sound projection systems, laser printers, digital white boards, document projectors, upgrade voice-over-IP, call manager and network security/firewall, wireless technology systems, refresh classroom technology, infrastructure upgrades and other miscellaneous equipment.

The allocation of bond proceeds will be affected by the District's receipt of State matching funds and the final costs of each project. In the absence of State matching funds, which the District will aggressively pursue to reduce the District's share of the costs of the projects, the District will not be able to complete some of the projects listed above. The budget for each project is an estimate and may be affected by factors beyond the District's control. Some projects throughout the District may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. 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 B-5 be completed. Demolition of 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 site preparation/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, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property. when performing work on or to bond projects.

Bond proceeds shall only be expended for the specific 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.

NO ADMINISTRATOR SALARIES: 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.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure J Tax Rate Statement

Ballot Measures-J 7
Section

Tax Rate Statement
Anaheim Elementary School District
Measure J

To: The voters voting in the November 8, 2016 election on the question of the issuance of $318,000,000 General Obligation Bonds of the Anaheim Elementary School District.

You are hereby notified in accordance with Section 9401 of the Elections Code of the State of California of the following:

1. The best estimate from official sources of the tax rate which would be required to be levied to fund principal and interest payments during the first fiscal year after the first sale of bonds, based on assessed valuations available at the time of the election and taking into account estimated future growth, is the following:

$.024000 per $100 of assessed valuation, which equates to $24.00 per $100,000.

First fiscal year after the first sale of bonds: 2017-2018.

2. The best estimate from official sources of the tax rate which would be required to be levied to fund principal and interest payments during the first fiscal year after the last sale of bonds and an estimate of the year in which that rate will apply, based on assessed valuations available at the time of the election and taking into account estimated future growth, is as follows:

$.024000 per $100 of assessed valuation, which equates to $24.00 per $100,000.

First fiscal year after last sale of bonds: 2053-2054.

3. The best estimate from official sources of the highest tax rate which would be required to be levied to fund principal and interest payments on the bonds and an estimate of the year in which that rate will apply, based on assessed valuations available at the time of the election and taking into account estimated future growth, is as follows:

$.024000 per $100 of assessed valuation, which equates to $24.00 per $100,000.

Year of highest tax rate: 2017-2018 and thereafter.

4. The best estimate from official sources of the total debt service, including the principal and interest, which would be required to be repaid, if all of the bonds are issued and sold, based on interest rate information along with assessed valuations available at the time of the election and taking into account estimated future growth, is as follows:

Estimated total debt service, including the principal and interest: $611,556,500.

The attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only. 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 date 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. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of sale. Actual future assessed valuations 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. Accordingly, the actual tax rates and the years in which such rates are applicable may vary from those presently estimated as above stated.

s/ Linda Wagner, Ed. D.
Superintendent of the
Anaheim Elementary School District

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure J Agenda Description

Agenda of August 9, 2016 (complete item)

Special Order of Business:

A. Bond Update

B. Resolution 2016-17/03, Ordering an Election and Establishing Specifications of the Election Order

C. Resolution 2016-17/04, Proposition 55, The Children's Education and Health Care Protection Act of 2016

3. SPECIAL ORDER OF BUSINESS

Bond Update

A. Bond Update Dr. Linda Wagner, Superintendent; David A. Rivera, Assistant Superintendent, Administrative Services.

Exhibit 3B Res 2016-17/03 Ordering an Election, and Establishing Specifications of the Election Order

B. It is recommended the Board of Education approve Resolution No. 2016-17/03 ordering an election, and establishing specifications of the election order.

Background

The resolution before the Board calls an election within the District for the purpose of approving general obligation bonds, requests that the Orange County Registrar of Voters conduct the election on behalf of the District, and authorizes the preparation of election materials, including ballot arguments and tax rate statement, to be included in the ballot pamphlet.

State law requires the Board of Education to order school district bond elections. The Orange County Registrar of Voters will conduct the election on behalf of the District, including publishing all required notices. This resolution meets the statutory requirements for describing the projects to be funded with the proceeds of the bonds, which is included as Exhibit B to the resolution. A 75-word summary of the measure, as it will appear on the ballot, is also included in the resolution as Exhibit A. The resolution also authorizes the preparation and filing of a tax rate statement, which must be included in the ballot pamphlet, and describes the anticipated rates of tax throughout the life of the bond issue. The resolution also authorizes, but does not commit, the Board and/or individual members of the Board to prepare and sponsor a ballot argument in support of the bond measure. No more than five (5) persons may sign the ballot argument.

This election will be called under constitutional and statutory provisions that require fifty-five percent (55%) voter approval, and certain accountability requirements, including annual independent financial and performance audits of how funds are spent, and the formation of a Citizens' Bond Oversight Committee. Following adoption, the resolution (including the signed tax rate statement) must be delivered to the Registrar of Voters and the Board of Supervisors. State law requires that 2/3rd of a school board support the resolution calling an election requiring 55% voter approval. At least four (4) Board members must vote "Yes" in order to call the election.

Recommended Action: That the Board approve Resolution No. 2016-17/03 authorizing a bond election for November 8, 2016.

Motion:_____Second:_____ Vote: BG _____JF_____DH_____RR_____JC_____

Exhibit 3C Res 2016-17/04 In Support of Proposition 55

C. It is recommended the Board of Education adopt Resolution No. 2016-17/04 in support of Proposition 55, The Children's Education and Health Care Protection Act of 2016.

Motion:_____Second:_____Vote:_____

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure J Resolution

RESOLUTION NO. 2016-17/03

ANAHEIM ELEMENTARY SCHOOL DISTRICT

RESOLUTION OF THE BOARD OF EDUCATION OF ANAHEIM
ELEMENTARY SCHOOL DISTRICT ORDERING AN
ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE
ELECTION ORDER

WHEREAS, the Board of Education (the "Board") is committed to improving the quality of education in local public schools by upgrading aging classrooms and improving student safety; and

WHEREAS, the Board has determined that schools within the Anaheim Elementary School District (the "District") were built more than 50-years ago and need to be upgraded, repaired, expanded, improved and better equipped, in a fiscally prudent manner, so that our schools can continue to serve the community for decades to come; and

WHEREAS, the Board believes it is in the best interest of the District to address facility improvements now and support quality instruction and the use of today's technology to provide a solid background in math, science and technology so our students can succeed in high school, college and careers; and

WHEREAS, whether or not our 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 wise investment; and

WHEREAS, the State is not providing the District with enough money for the District to adequately maintain its educational facilities and academic programs; and

WHEREAS, the Board has concluded that the District's only remedy to avoid undermining its educational programs is to secure local funding which the State cannot take away or be used for other purposes; 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 schools and help the District to 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, the Board and District has solicited stakeholder and community input on school priorities from parents, teachers, staff, the community and civic leaders; 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 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

2

WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Education Code Section 15264) (the "Act") became operative and established requirements associated with the implementation of Proposition 39; 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 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; 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, 2016, and to request the Orange County Registrar of Voters to perform certain election services for the District.

NOW THEREFORE, THE BOARD OF EDUCATION OF THE ANAHEIM ELEMENTARY 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 Orange County Registrar of Voters to conduct an election under the provisions of Proposition 39 and the Act and submit to the electors of the District the question of whether bonds of the District in the aggregate principal amount of $318,000,000 (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.

Section 2. That the date of the election shall be November 8, 2016.

Section 3. That the purpose of the election shall be for the voters in the 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 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:

3
  1. (a) 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;
  2. (b) that the Board, in establishing the projects set forth in Exhibit "B," evaluated student safety and achievement, class size reduction and overcrowding, and information technology needs of the District as well as the importance of the projects to improve student learning in core subjects like reading, math, science and technology;
  3. (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;
  4. (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;
  5. (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;
  6. (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;
  7. (g) that the Board will seek to set aside from the General Fund approximately 2% of the value of the bonds as issued, for future construction and facility repairs; and
  8. (h) that the Board will budget 2%-3% of its non-bond operating funds for facility maintenance.

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.

Section 6. That the Orange County Registrar of Voters and the Orange 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, 2016 within the 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 Orange County Registrar of Voters no later than August 12, 2016.

Section 8. That 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.

4

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 Orange County Registrar of Voters by the established deadlines.

Section 10. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of Orange 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 Orange 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 9th day of August, 2016.

BOARD OF EDUCATION OF THE ANAHEIM
ELEMENTARY SCHOOL DISTRICT

By
President

Attest:

Secretary

5

STATE OF CALIFORNIA )
)ss
ORANGE COUNTY )

I, ______________, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2016-17/03, which was duly adopted by the Board of Education of the Anaheim Elementary School District at the meeting thereof held on the 9th day of August, 2016, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By
Secretary

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