Commentary on Measure S

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, hover overCriticalExample commentary. it to see the commentary.

Measure S Question

A-1

EXHIBIT A

"To improve student safety and campus security systems, repair/ upgrade older classrooms and school facilities, including deteriorating roofsCriticalIs it a coincidence that every district in the state has "leaky roofs"? You might even ask if leaky roofs actually exist? If they do, why haven't they been repaired yet. Are they reported on the School Accountability Report Card? If not, then you're being lied to. According to the school bond cartel's professional marketing study, claiming "leaky roofs" translates directly into yes votes from voters who are made to feel guilty about it., plumbing, electrical, and air conditioning systems, acquire, construct, and repair classrooms, sites, facilities, equipment and instructional technology to support student achievement in reading, math, arts, humanities, science/ technology, shall Oak Park Unified School District issue $60,000,000 in bonds at legal rates, with independent citizen oversightCriticalIndependent? Really? The staff selects the committee. The Board rubber-stamps it. The Board can remove anyone who questions anything that the money is used for. You can be certain that there won't be anyone on the committee who isn't a cheerleader for spending your money on architectural marvels, like the Taj Mahal., audits, no money for administrator salaries, all money staying local, and without increasing current tax ratesTHREE PINOCCHIOS!Technically, this is true, but it's INTENTIONALLY DECEPTIVE. If you're like most voters, you don't know what "property tax rates" refers to. This means that the district has a scheme, using Capital Appreciation Bonds (CABs), to borrow money now, deferring payments until some future date when all the borrowed money plus interest will come due and raise tax rates much more, usually finishing off with huge balloon payments.?"

Bonds – Yes Bonds – No

Impartial Analysis for Measure S

56-510 N VE 052-019
Measure S – Oak Park Unified School District

Impartial Analysis by County Counsel*

Measure S was placed on the ballot by the Governing Board ("Board") of the Oak Park Unified School District ("District"). Under the state Constitution, school districts may issue general obligation bonds only if approved by 55% (or more) of the voters of the District. Such a "Yes" vote on Measure S would permit the Board to issue bonds ("Bonds") in an amount not to exceed $60,000,000 for construction, reconstruction, rehabilitation, and replacement of District school facilities, as more fully described in the Project List set forth in Measure S.

If Bonds are issued, proceeds may be used only for Measure S's stated purposes, which include: upgrading and constructing classrooms, labs, facilities, and computer systems; repairing or replacing roofs, plumbing, heating, electrical, and air conditioning systems; upgrading libraries; providing facilities and equipment needed to support instruction in music and arts; replacing aging portables with new classrooms; improving safety and security systems, including lighting, cameras, and emergency communication systems; improving pick-up and drop-off zones and parking lots; upgrading irrigation and drainage systems, etc. Measure S also provides that funds may be used for acquisition of instructional, maintenance, and operational equipment; payment of preparation costs for facility planning studies, assessment reviews, master plan updates, environmental studies, and the like (as detailed in Measure S's Project List).

Under the terms of Measure S, the District Board must establish an independent citizens' oversight committee to ensure that bond proceeds are properly expended for items in the Bond Project List. In addition, the Board must conduct annual performance and financial audits. Measure S further provides that bond proceeds cannot be used for teacher or administrator salaries or other school operating expenses. District officials must submit annual reports to the Board stating the amount of bond proceeds received and expended in that year and the status of any project funded or to be funded from bond proceeds.

Principal and interest on the Bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. These taxes would be in addition to the normal real property taxes levied on taxpayers in the District. The amount of the increased taxes each year will depend upon the amount needed to pay the principal and interest on the Bonds. The Tax Rate Statement for Measure S in the sample ballot pamphlet reflects the District's best estimates, based upon currently available data and projections, of the property tax rates required to service the Bonds. The District estimates that the tax rate that will be necessary to fund this bond issue is $60.00 for every $100,000 of assessed valuation. The tax rate in any given year may not exceed $60.00 for every $100,000 of assessed valuation.

Approval of Measure S does not guarantee that the District projects specified will be funded beyond the local revenues generated by Measure S. The District's proposal for 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.

* Section 9500 of the California Elections Code requires the County Counsel to prepare an Impartial Analysis for each school measure appearing on the ballot.

Argument in Favor of Measure S

Argument in Favor of Measure S

VOTE YES on Measure S because Oak Park Unified School District schools have educated generations of children, yet our schools are aging and need repairs and upgrades. Academic standards are rising and our community increasingly competes in a global economy. We must continue to invest in our local schools.

Measure S will protect and improve the outstanding quality of education that OPUSD provides, without raising tax rates.

Measure S authorizes a prudent, responsible plan to upgrade OPUSD school facilities and help retain the very best teachers and staff in high quality facilities to give our studentsCritical40% of whom don't live in the district and whose parents will not be paying off the optimistically low $136,111,963 debt. a 21st century education.

Measure S will:

• - Replace and repair old roofs, plumbing, electrical and AC;
• - Update instructional technology for improved student learning in core subjects;
• - Provide classrooms and labs for career technical education to prepare students for college and careers;
• - Provide facilities and equipment needed to support quality instruction in music and artsCriticalWhich attracts highly motivated, well-to-do parents from from outside the district and their high-achieving children.;
• - Replace aging portable classrooms with new, modern classrooms; and
• - Install solar, improve heating and ventilation, insulation, doors, and windows to increase energy efficiency and save moneyCriticalYou see, this is how it works! Spend a million dollars of borrowed money (double with interest) on solar to save a few thousand a year in the general fund, so that the district can keep paying outrageous salaries, benefits, and pensions..

ALL Measure S funds stay local, benefitting ONLY Oak Park schools. The State cannot take this funding away. Measure S also qualifies our community to receive State matching funds when available.

Taxpayer protections are REQUIRED. Measure S is for school facility repairs, upgrades, technology and equipment only. Funds cannot be spent on administrators' salaries.FOUR PINOCCHIOS!Please don't read the fine print (at the bottom of the kitchen sink paragraph), where it says the district will reimburse itself for administrator salaries. Independent Citizens' oversight, mandatory audits and public reports ensure funds are spent properly.

56-512 N VE 052-021
Measure S – Oak Park Unified School District
Argument in Favor of Measure S (continued)

Whether or not you have school-age children, protecting the Oak Park quality of education is a wise investment. Good schools protect property values and keep our community strong.

Please join teachers, parents, business, community leaders, and residents throughout Oak Park in VOTING YES for safe, modern, quality schools.

VOTE YES on S! www.YesonSforOPUSD.com

Argument Against Measure S

No Argument Against This Measure Was Submitted

Full Text of Measure S

B-1

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE OAK PARK UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 8, 2016

The following is the full proposition presented to the voters by the Oak Park Unified School District.

"To improve student safety and campus security systems, repair/ upgrade older classrooms and school facilities, including deteriorating roofs, plumbing, electrical, and air conditioning systems, acquire, construct, and repair classrooms, sites, facilities, equipment and instructional technology to support student achievement in reading, math, arts, humanities, science/ technology, shall Oak Park Unified School District issue $60,000,000 in bonds at legal rates, with independent citizen oversight, audits, no money for administrator salaries, all money staying local, and without increasing current tax rates?"

PROJECT LIST

The Board of Education of the Oak Park Unified School District is committed to protecting the quality of education in local schools with safe, secure, upgraded classrooms and labs for career and technology education classes so students are prepared for college and good-paying jobs in fields like health sciences, engineering, technology, robotics, and skilled trades. To that end, the Board evaluated the District's urgent and critical facility needs, including safety issues, class size, computer and information technology, and prepared a Needs Assessment (dated Spring 2016) which is incorporated herein in its entirety, 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) Retain all funds to support students and ensure that money cannot be taken away by the State; and
2. (ii) Provide classrooms and labs for career and technology education classes so students are prepared for college and good-paying jobs in fields like health sciences, engineering, technology, and skilled trades; and
3. (iii) Repair or replace deteriorating roofs, plumbing, electrical and air conditioning systems; and
4. (iv) Upgrade instructional technology in the classroom for improved student learning in core subjects like math, and technology; 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 types of upgrades and improvementsCriticalClearly it's not a "list of the specific school facilities projects to be funded" as required by the Constitution. It's a BLANK CHECK. at District schools and sites:

COLLEGE AND CAREER PREPARATION:
District-Wide Instructional Technology Projects

Goal and Purpose: We want our students to succeed in college and careers, and therefore they must be skilled in the use of today's technologies and have a solid background in math, science, engineering and technology. This measure will update instructional technology in the classroom for improved student learning in core subjects like reading, math, science and technology.

• • Update instructional technology in the classroom for improved student learning in core subjects like math, science and technology.
• • Provide classrooms and labs for career technology education classes so students are prepared for college and good-paying jobs in fields like health sciences, engineering, technology, robotics and skilled trades.
• • Upgrade computer systems to keep pace with technology; upgrade classroom and library technology and teaching equipment to enhance instruction.

LOCAL SCHOOL FUNDING TO KEEP PACE WITH TECHNOLOGY:
Basic School Repair and Upgrade Projects

Goals and Purposes: All money raised by the measure will stay in Oak Park to support our students. It cannot be taken away by the State or used for other purposes.

This measure will help the District qualify for millions of dollars in State matching money that would otherwise go to other school districts.

This measure will provide classrooms and labs for career technical education courses so students are prepared for college and good-paying jobs in fields like health sciences, engineering, technology, robotics and skilled trades.

• • Upgrade and construct classrooms, science labs, career-training facilities and computer systems to keep pace with technology.
• • Repair or replace deteriorating roofs, plumbing, electrical and air conditioning systems where needed.
• • Upgrade and modernize school libraries.
• • Install solar and improve heating, ventilation, insulation, doors and windows to increase energy efficiency and save money.
• • Provide the facilities and equipment needed to support high quality instruction in music and performing arts.

B-3

SAFETY AND STUDENT ACHIEVEMENT:
Projects That Improve Student Safety

Goal and Purpose: 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. This measure will upgrade campus security systems for improved student safety.

• • Replace aging, outdated portables that are expensive to repair with new modern classrooms.
• • Improve student safety and campus security systems, including security, lighting, security cameras, and emergency communication systems.
• • Improve pick-up and drop-off zones and parking lots to improve student safety and the flow of traffic on neighborhood streets.
• • Upgrade irrigation and drainage systems to conserve water and save money.
• • Provide classrooms and labs for career technical education courses so students are prepared for college and good-paying jobs in fields like health, sciences, engineering, technology and skilled trades.

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 or administration

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

4. 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 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 CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS' OVERSIGHT COMMITTEE.

B-4

* * *

The listed projects will be completed as neededCriticalYou see? None of these repairs are current needs. They may be needed in the future, though. After years and years of neglect, any facility will fall into disrepair.. Each projectCriticalHere it comes. This is the kitchen sink paragraph. Ask an English teacher to diagram every sentence. See if any two people can agree on what all this gibberish means. It's here so that just in case the district left something out, this covers it, no matter what the district wants to do.CriticalCOMMENT is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, staff training expensesCriticalTraining is an operating expense, specifically prohibited by the California Constitution. What will it train staff to do? How to open a door? How to turn on the lights? This is just another way to move operating costs from the general fund to the bonds and use the money saved to pay salaries, benefits, and pensions. 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 reduction or retirement of outstanding lease obligationsCriticalLeases are OPERATING expenses explicitly prohibited by the Constitution Article XIII-A Section 1(b)(3)(A) (Proposition 39). "not for any other purpose, including teacher and administrator salaries and other school operating expenses." and interim funding incurred to advance fund projects from the Project List; installation of signage and fencing; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updatesCriticalFacilities master plans are required by law, whether or not there is a bond. These are OPERATING expenses explicitly prohibited by the Constitution Article XIII-A Section 1(b)(3)(A) (Proposition 39). "not for any other purpose, including teacher and administrator salaries and other school operating expenses.", 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 and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: renovate student and staff restrooms; upgrade libraries for 21st Century learning, including breakout rooms and carrels; repair and replace heating and ventilation systems; upgrade of facilities for energy efficiencies; repair and replace worn-out and deteriorated roofs, windows, walls, doors and drinking fountains; 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, physical education (including playground equipment, tracks, bleachers, gyms (for student and community use), stadiumsCriticalLook at what the district is hiding in this huge list. Is the district telling you it will use the money for this? Why is it included then? You're being conned! and locker rooms) and visual and performing arts facilitiesCriticalLook at what the district is hiding in this huge list. Is the district telling you it will use the money for this? Why is it included then? You're being conned!; repair and replace gas, water and sewer systems and lines, fire alarms, phone systems, emergency communications, security systems, doors and locks; resurface or replace hard courts, asphalt, turf and irrigation systems and campus landscaping; expand parking and drop-off areas; acquire land; acquire vehicles for student transportation and maintenance; 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; replace outdated security fences and security cameras (including access control systems), provide indoor space for assemblies or for rainy day lunch; upgrade career training and adult education facilities; install solar panels or other energy saving systemsCriticalThis is illegal. Reducing costs (operating expenses) is explicitly prohibited by the Constitution Article XIII-A Section 1(b)(3)(A) (Proposition 39). "not for any other purpose, including teacher and administrator salaries and other school operating expenses.". 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, such as the construction of a community and recreation center, and gyms for community use, 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 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 B-5 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. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staffCriticalWhat was that they said about no administrative salaries? when performing work on or necessary and incidentalCriticalWho do you think gets to decide? 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.

Measure S Tax Rate Statement

Tax Rate Statement

To: The voters voting in the November 8, 2016 election on the question of the issuance of $60,000,000 General Obligation Bonds of the Oak Park Unified 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:

$.060000 per $100 of assessed valuation, which equates to $60.00 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:

$.060000 per $100 of assessed valuation, which equates to $60.00 per $100,000.

56-511 N VE 052-020
Measure S – Oak Park Unified School District
Tax Rate Statement (continued)

First fiscal year after last sale of bonds: 2026-2027.

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:

$.060000 per $100 of assessed valuation, which equates to $60.00 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: $136,111,963.

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.

Anthony W. Knight, Ed. D.
Superintendent
Oak Park Unified School District

Measure S Agenda Description

Agenda of June 21, 2016 (complete item)

2. BUSINESS

a. Approve Resolution 16-16, Ordering a School Bond Election and Establishing Specifications of the Election Order

Board approval required for Ordering a School Bond Election and Establishing Specifications of the Election Order

TO: MEMBERS, BOARD OF EDUCATION

FROM: DR. ANTHONY W. KNIGHT, SUPERINTENDENT

DATE: JUNE 15, 2016

SUBJECT: B.2.a. APPROVE RESOLUTION 16-16, ORDERING A SCHOOL BOND
ELECTION AND ESTABLISHING SPECIFICATIONS OF THE
ELECTION ORDER

ACTION

ISSUE: Shall the Board of Education approve Resolution 16-16, Ordering a School Bond 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, and requests that the Ventura 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 Ventura 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.

ALTERNATIVES: 1. Approve Resolution 16-16, authorizing a school bond election for November 8, 2016

2. Do not approve Resolution 16-16, authorizing a bond election.

RECOMMENDATION: Alternative No. 1

BOARD MEETING, JUNE 15, 2016

Approve Resolution 16-16, Ordering a School Bond Election and Establishing Specifications of the Election Order

Page 2

AdmSvs/Board/B.2.a. Resolution 16-16 Authorizing a Bond Election.docx

Prepared by: Martin Klauss, Assistant Superintendent, Business and Administrative Services

Respectfully submitted,

Anthony W. Knight, Ed.D.
Superintendent

Board Action: On motion of _______________, seconded by ______________, the Board of Education:

Click the link https://goo.gl/aUWzLy for complete copy of Resolution 16-16

Measure S Resolution

RESOLUTION NO. 16-16

RESOLUTION OF THE BOARD OF EDUCATION OF OAK
PARK UNIFIED SCHOOL DISTRICT ORDERING AN
ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE
ELECTION ORDER

WHEREAS, the Board of Education (the "Board") is committed to protecting the quality of education in local public schools by upgrading aging classrooms, science labs and computer systems to keep pace with technology at all schools; and

WHEREAS, the Board has determined that schools within the Oak Park Unified School District (the "District") need to be upgraded, repaired, expanded, improved and better equipped, in a fiscally prudent manner, so that our schools stay competitive with other top performing districts in the State of California (the "State"); and

WHEREAS, the Board believes it is in the best interest of the District to continue to address facility improvements now before they become more pressing and more costly, and provide classrooms, labs and career technical education courses so students are prepared for college and good-paying jobs in fields like health science, engineering, technology, robotics and the skilled trades; and

WHEREAS, whether or not Oak Park 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 the undermining of its educational programs is securing local funding that 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, update instructional technology and help the District to qualify for millions of dollars of 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 have solicited stakeholder and community input on school priorities from parents, teachers, staff and the community; 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 2 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

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, 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 operating expenses of the District shall be strictly monitored 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, 2016, and to request the Ventura County Registrar of Voters to perform certain election services for the District.

NOW THEREFORE, THE BOARD OF EDUCATION OF THE OAK PARK 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 Ventura 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 $60,000,000 (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:

(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;

(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 reading, math, science 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 the 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.

Section 6. That the Ventura County Registrar of Voters and the Ventura 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 Ventura County Registrar of Voters no later than July 5, 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 4 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 Ventura 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 Ventura 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 Ventura 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 15th day of June, 2016.

BOARD OF EDUCATION OF THE OAK PARK
UNIFIED SCHOOL DISTRICT

By
President

Attest:

Secretary

STATE OF CALIFORNIA )
)ss
VENTURA COUNTY )

I, Dr. Anthony Knight, do hereby certify that the foregoing is a true and correct copy of Resolution No. 16-16, which was duly adopted by the Board of Education of the Oak Park Unified School District at the meeting thereof held on the 15th day of June, 2016, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By

Secretary