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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Your Los Angeles County Registrar of Voters printed and circulated ballots for this measure that didn't conform to the law. The registrar ignored our Notice and Demand to follow the law. The legislature makes this a crime. (See: How 25 County Registrars Committed A Crime.)
If you want to get really steamed up about the collusion between your Registrar and Baldwin Park Unified Schools to lie and cheat in order to steal your taxes, you can read the letter for yourself.
Do you want to give this district a Thanksgiving surprise? Please call or text me (with #HonestBalllots, Los Angeles, 0603690, and your name) at 909-378-5401 right now for details. It's urgent and very time-sensitive.
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
A-1
EXHIBIT A
"BALDWIN PARK UNIFIED SCHOOL DISTRICT SAFETY, REPAIR, COLLEGE/CAREER READINESS MEASURE. To upgrade classrooms, labs, career training facilities to prepare students for college/careers in math, science, technology, engineering, skilled trades/arts; improve school safety; acquire, construct/repair classrooms, facilities, sites/equipment; repair roofs, plumbing/electrical systems; shall Baldwin Park Unified School District's measure authorizing $69,000,000 in bonds at legal rates, levying 6 cents/$100 assessed value, averaging $4,200,000 annually while bonds are outstanding, be adopted, with citizen oversight, all money locally controlled?"
Bonds – Yes Bonds – No
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Impartial analysis / Proposal
Approval of Measure AE ("Measure") would authorize the Board of Education ("Board") of the Baldwin Park Unified School District ("District"), which placed the Measure on the ballot by Resolution No. 3, 2018-2019, to issue general obligation bonds in an amount not to exceed $69,000,000.
Proceeds from the sale of the bonds authorized by the Measure shall be used only for the purposes specified in the measure, including, but not limited to: repairing/replacing roofs, plumbing and electrical systems; updating facilities, technology, and classrooms for math, science, engineering, and labs; upgrading facilities for music, visual, and performing arts; improving access for disabled students; replacing heating, cooling, lighting, and water systems; replacing aging classrooms; installing campus security systems, including fencing, secured entry, door locks, security cameras, emergency communications systems, smoke detectors, fire alarms, and sprinklers; and removing hazardous materials. Bond proceeds may be used to pay or reimburse the District for the cost of District staff when performing work on, or necessary or incidental to, bond projects. Bond proceeds may not be expended on teacher or administrator salaries or other operating expenses.
The Board shall cause independent performance and financial audits to be conducted annually to ensure that bond proceeds are spent only for the projects identified in the Measure. The Board shall appoint an independent Citizens' Oversight Committee under Education Code section 15278 et seq., no later than 60 days after the Board enters the election results in its minutes, to ensure that bond proceeds are spent as specified in the Measure and as provided by law. The Board shall deposit bond proceeds in a special account and comply with statutory reporting requirements.
Bonds shall be issued under Education Code section 15264 et seq. or Government Code section 53506. The bonds shall not exceed the maximum interest rate or maturity as allowed by the law. According to the District's Tax Rate Statement, the best estimate of the average tax rate required to fund the bonds, based on assessed valuations available when the District filed the statement, is $60 per $100,000 of assessed valuation. The best estimate of the highest tax rate required to fund the bonds is the same as the average tax rate. The final fiscal year the tax is estimated to be collected is 2052-53. The estimated total debt service to be repaid if all bonds are issued and sold is $144,235,300, including principal and interest. Estimated tax rates are based on the assessed value of taxable property on the official tax rolls, not on a property's market value.
This Measure requires a fifty-five percent (55%) vote for passage.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Arguments FOR
Vote YES on Measure AE to support our local students and protect quality education in Baldwin Park Unified schools.
If we want our children 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, engineering and technology.
However, most Baldwin Park Unified schools were built more than 50 years ago and need upgrades and critical repairs to meet today's academic and safety standards.
Your YES vote on Measure AE will ensure safe, up-to-date local schools.
Baldwin Park students deserve the same educational opportunities as other students in the region. Measure AE will upgrade our schools, facilities and classroom technology to keep pace with newer schools in other top-performing districts.
Vote YES on Measure AE:
Measure AE Includes Strict Fiscal Accountability:
Even if you don't have school-age children, supporting Measure AE is a wise investment. Good schools improve our quality of life and our property values.
Join parents, teachers, business and community leaders in voting YES on Measure AE!
JACK WHITE
Veteran, Retired Police Commander, Former Baldwin Park Mayor and School Board Member, Life-long Baldwin Park Resident
CHRISTINA LUCERO
Board Member and Former President, Baldwin Park Unified School District
MARGARITA VARGAS
Board Member of the Valley County Water District, Former School Community Liaison, Baldwin Park Unified School District
TRACY M. AGUIRRE
Treasurer, Baldwin Park Business Association and Local Business Owner
LEONARDO QUEZADA AVILA
Parent Leader, Baldwin Park Unified School District
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
EXHIBIT B
FULL TEXT BALLOT PROPOSITION
OF THE BALDWIN PARK UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 6, 2018
The following is the full proposition presented to the voters by the Baldwin Park Unified School District.
"BALDWIN PARK UNIFIED SCHOOL DISTRICT SAFETY, REPAIR, COLLEGE/CAREER READINESS MEASURE. To upgrade classrooms, labs, career training facilities to prepare students for college/careers in math, science, technology, engineering, skilled trades/arts; improve school safety; acquire, construct/repair classrooms, facilities, sites/equipment; repair roofs, plumbing/electrical systems; shall Baldwin Park Unified School District's measure authorizing $69,000,000 in bonds at legal rates, levying 6 cents/$100 assessed value, $4,200,000 annually while bonds are outstanding, be adopted, with citizen oversight, all money locally controlled?"
PROJECT LIST
The Board of Education of the Baldwin Park Unified School District is committed to improving the quality of education in local schools by providing safe, secure, upgraded classrooms, labs and technology needed to support high quality instruction in math, science, engineering and technology. To that end, the Board evaluated the District's urgent and critical facility needs, including safety issues, class size reduction, basic repairs, computer and information technology in developing the types of projects to be funded by this measure as described below and also as outlined in the District's Long Range Master Facilities Plan, presented to the Board on August 1, 2018, which is incorporated herein in its entirety. 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 modern labs and career technical education facilities so students are prepared for college and in-demand careers in fields like health sciences, engineering, technology and skilled trades, and protecting the quality of our schools, the quality of life in our community, and the value of our homes are wise investments.
Therefore, in approving this Project List, the Board of Education determines that the District must:
The Project List includes the following types of upgrades and improvements at District schools, facilities and sites:
IMPROVE STUDENT PREPARATION FOR COLLEGE
AND GOOD PAYING CAREERS
Basic School Repair and Upgrade Projects Funded By Money That Cannot Be
Taken By the State
Goals and Purposes: If we want our kids to succeed in college and good paying careers, they must be skilled in the use of today's technologies and have a solid background in science, math, engineering and technology. This measure will make this possible.
Most of our schools were built over 50 years ago and they need to be modernized. It's time to make essential repairs and improvements, including deteriorating roofs, plumbing, and electrical systems, so our schools can serve the community well for decades to come.
KEEP STUDENTS SAFE
Student Safety and Campus Security Projects
Goals and Purposes: Our students deserve to have the same educational opportunities as others in the region. We need to upgrade our schools, facilities and classroom technology to keep pace with other top-performing districts.
This measure will ensure that students who plan to go to college are prepared to succeed, and those who do not plan to go to college receive the career training they need to compete for good paying careers.
Whether or not one has 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 safe entry portals, door locks, fencing, smoke detectors, fire alarms, sprinklers, and campus security systems for improved student safety.
Schools will benefit from a variety of safety projects, such as:
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: 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 offices and facilities for professional development of teachers, more efficient administration and multi-purpose learning spaces; install wiring and electrical systems to safely accommodate computers, technology and other electrical devices; upgrade or construct support facilities including administrative, physical education, music, art, performing and fine arts classrooms or facilities, science, computer labs/classrooms, libraries and buildings, covered eating areas, maintenance facilities and yards; repair and replace fire alarms, emergency communications and security systems; improve facilities to satisfy ADA requirements; resurface or replace asphalt and hard courts, turf and irrigation/drainage systems and campus landscaping; install signage and fencing; expand parking and drop-off areas; improve all site utilities; acquire land; construct new school buildings; upgrade interior and exterior painting, floor covering, and school facades; demolition; upgrade 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; improve playgrounds, play structures, athletic fields, lockers; construct aquatic facilities, pool filtration systems and plaster; replace outdated security fences and security systems (including access control systems), provide lunch shelters, indoor space for assemblies or for rainy day lunch; upgrade music labs, multi-purpose rooms, learning centers and media centers; add or upgrade parking lots. 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, portable interface devices, servers, switches, routers, modules, sound projection systems, laser printers, digital white boards, document projectors, upgrade voice-over-IP, clock/telephone/ intercom systems, call manager and network security/firewall, wireless technology systems, refresh classroom technology and other miscellaneous equipment. 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 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 or drainage systems, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, 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, and similar planning costs, 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 ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE BOARD OF EDUCATION WILL APPOINT A CITIZENS' OVERSIGHT COMMITTEE AND CONDUCT ANNUAL INDEPENDENT AUDITS TO ASSURE THAT FUNDS ARE SPENT ONLY ON DISTRICT 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 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.
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
Tax rate
An election will be held in the Baldwin Park Unified School District (the "District") on November 6, 2018, to authorize the sale of up to $69,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to issue the bonds in multiple series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400 through 9405 of the California Elections Code.
Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on the County of Los Angeles official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions.
Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The actual tax rates, debt service and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on 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 each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.
FROILAN N. MENDOZA, Ed.D.
Superintendent
Baldwin Park Unified School District
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Agenda of April 24, 2018 (complete item)
BALDWIN PARK UNIFIED SCHOOL DISTRICT
AGENDA
REGULAR MEETING OF
THE BOARD OF EDUCATION
To be held in the District Administration Center Board Room
3699 N. Holly Avenue, Baldwin Park, CA 91706
Tuesday, April 24, 2018
5:00 pm. Closed Session / 6:00 pm. Regular Session
Q. Authorization to Award of RFQ #18-9, Bond Election Feasibility and Planning Services for the Baldwin Park Unified School District for a Possible November 2018 Bond Measure to Terris Barnes Walters Boigon Heath, Inc. (Contract 1804927)
Moved by Seconded by Discussion
Preferential Student Vote: Yes No Abstain Absent
Roll Call Vote:
Ms. Dzib Ms. Lucero
Mr. Hernandez Ms. Vargas
Ms. Lara
Ayes Noes Abstain Absent
185
BALDWIN PARK UNIFIED SCHOOL DISTRICT
DATE: April 24, 2018
TO: Board of Education
FROM: Dr. Froilan N. Mendoza, Superintendent
RE: Authorization to Award of RFQ #18-9, Bond Election Feasibility and Planning Services for the Baldwin Park Unified School District for a Possible November 2018 Bond Measure to Terris Barnes Walters Boigon Heath, Inc. (Contract #1804927)
Submitted by: Lydia Cano, Deputy Superintendent, Business and Operations
Prepared by: Nancy I. Mejia, Senior Executive Assistant, Business Services
BACKGROUND
A Request for Quote (RFQ #18-9) for Bond Election Feasibility and Flaming Services for the Baldwin Park Unified School District (District) for a Possible November 2018 Bond Measure was posted on the District website, and notifications were sent to several consulting firms. Responses to the RFQ were received on February 2, 2018 from the following companies:
1. Terris Barnes Walters Boigon Heath, Inc.
2. Clifford Moss
3. Tramutola
Pursuant to Government Code Section 53060, the District recommends the RFQ be awarded to Terris Barnes Walters Boigon Heath, Inc. (TBWB) as the most qualified, responsive bidder.
A contract for the following company is submitted for Board approval:
Terris Barnes Walters Boigon Heath, Inc. #1804927 $6,500 Monthly Fee
(TBWB) $14,000 Brochure Fee
A copy of the contract is available for review in the Office of the Deputy Superintendent of Business and Operations.
04/24/18 Action Q-1
186
FISCAL IMPACT
The total service cost shall not exceed $32,000 and will be paid from the General Fund. As identified in Public Contract Code Section 20659 (b), it is also recommended that the Board authorize an additional ten percent (10%) contingency allowance for unforeseen conditions and/or District requested changes, thus expediting the delivery of products and services.
RECOMMENDATION
Lydia Cano recommends Authorization to Award of RFQ #18-9, Bond Election Feasibility and Planning Services for the Baldwin Park Unified School District for a Possible November 2018 Bond Measure to Terris Barnes Walters Boigon Heath, Inc. (Contract #1804927).
Moved by Seconded by Discussion
Preferential Student Vote: Yes No Abstain Absent
Roll Call Vote:
Ms. Dzib Ms. Vargas
Mr. Hernandez Ms. Lucero
Ms. Lara
Ayes Noes Abstain Absent
04/24/18 Action Q-2
Agenda of August 1, 2018 (complete item)
Submitted by: | Dr. Randy E. Gray, Assistant Superintendent, Human Resources |
Prepared by: | Lupe Palacios, Senior Executive Assistant, Human Resources |
BACKGROUND | |
The Board of Education approved the establishment of the Educationally Related Mental Health Services (ERMHS) Psychologist position at their regular meeting held on June 26, 2018. The revision of the Educationally Related Mental Health Services (ERMHS) Psychologist job description and title is being recommended to clearly define all education, experience, licenses and/or certificates that fall within the scope of providing ERMHS to students in special education. |
FISCAL IMPACT |
There is no fiscal impact. |
RECOMMENDATION | ||||||||||||
Dr. Randy E. Gray recommends Approval of Revision of the Job Description and Job Title from Educationally Related Mental Health Services Psychologist to Educationally Related Mental Health Services Specialist.
Moved by____________ Seconded by_____________ Discussion _______ Roll Call Vote:
Ayes _____ Noes _____ Abstain _____ Absent _____ |
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
BALDWIN PARK UNIFIED SCHOOL DISTRICT
Resolution #3, 2018-2019
ORDERING AN ELECTION, AND ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER
WHEREAS, the Board of Education (the "Board") of the Baldwin Park Unified School District (the "District") is devoted to improving the quality of education in our local public schools by upgrading technology to support instruction in core subjects like math, science, engineering, technology, the arts, and career technical education; and
WHEREAS, the Board has determined that schools within the 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 installing fencing, safe entry portals, security cameras, emergency communications systems, smoke detectors, fire alarms and sprinklers; and
WHEREAS, since most District schools were built more than 50 years ago, additional resources are necessary to make basic improvements, including upgrading deteriorating roofs, plumbing, 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 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 wise investment; and
WHEREAS, the State of California (the "State") has been unable to 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 has completed a comprehensive facilities assessment with extensive community engagement to identify the most pressing needs in each of the District's 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 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 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, 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 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 increase the current tax rates for school facilities and not exceed the Proposition 39 limits per year per $100,000 of assessed valuation of taxable property; and
WHEREAS, Section 9400 et seq. of the Elections Code of the State of California (the "Elections Code") 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 California 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 6, 2018, and to request the Los Angeles County Registrar of Voters to perform certain election services for the District.
NOW THEREFORE, THE BOARD OF EDUCATION OF THE BALDWIN PARK UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
That the Board, pursuant to Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506, hereby requests the Los Angeles 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 $69,000,000 (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.
That the date of the election shall be November 6, 2018.
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:
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;
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, the arts and technology;
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;
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;
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
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.
That the authority for ordering the election is contained in Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506.
That the authority for the specifications of this election order is contained in Education Code Section 5322.
That the Los Angeles County Registrar of Voters and the Los Angeles County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 6, 2018 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.
That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to the Los Angeles County Registrar of Voters no later than August 10, 2018.
That Bonds may be issued pursuant to Education Code Section 15264 et seq. or Government Code Section 53506 of the Government Code. 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.
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 Los Angeles County Registrar of Voters by the established deadlines.
Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of Los Angeles 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 Los Angeles 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.
PASSED AND ADOPTED on this 1st day of August 2018 by the Baldwin Park Unified School District Governing Board of Education.
Roll Call Vote: Ayes_____ Noes_____ Abstain_____ Absent_____
Teresa I. Vargas
Board President
Diana E. Dzib
Board Clerk/Vice President
Santos Hernandez, Jr.
Board Member
Betsabel Lara
Board Member
Christina Lucero
Board Member
Attest:
Froilan N. Mendoza, Ed.D.
Secretary to the Board of Education
STATE OF CALIFORNIA )
)ss
LOS ANGELES COUNTY )
I, Froilan N. Mendoza, do hereby certify that the foregoing is a true and correct copy of Resolution No.3, which was duly adopted by the Board of Education of the Baldwin Park Unified School District at the meeting thereof held on the 1st day of August 2018, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
By
Froilan N. Mendoza, Ed.D.
Secretary to the Board of Education
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