ABC Unified Schools: Vote Yes on Measure BB Bonds - Los Angeles County - 2018 general Election
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  Welcome    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure BB Campaign

#HonestBallots Movement

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 ABC 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, 0601620, 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 Piper Jaffray & Co (Tim Carty). 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.

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

Measure BB Question

EXHIBIT "B-1"

ABC UNIFIED SCHOOL DISTRICT

Ballot Measure Statement

"To improve student safety/campus security/intruder-protection systems, construct and upgrade classrooms, science labs, and school facilities that support college readiness and career training in math, science, engineering, technology, arts, and skilled trades, and keep instructional technology up-to-date, shall ABC Unified School District issue $ _____ in bonds at legal rates, levying _ cents/$100 assessed value for __ years ($ ____ annually) to improve our schools, with citizen oversight, independent audits and all money locally controlled?"

Bonds- Yes Bonds-No

(Form to be printed in the Voter Information Guide if California Elections Code Section 13119 is not amended)

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The following statement was prepared in the hope the legislature would suspend the law (AB-195) that required districts to inform you of the amount of taxes for which you're voting. It's all about deceiving the voters. The school bonds cartel has no shame. It just wants your money. The ends justify the means.

One of the notorious budget trailer bills was amended in May to allow the district to keep you in the dark. Unfortunately for them, Dan Walters got wind of it and castigated the legislature for their sleazy and unscrupulous conduct. The budget trailer bill never came to a vote before the August 10 filing deadline. So the issue is moot.

EXHIBIT "B-2"

ABC UNIFIED SCHOOL DISTRICT

Ballot Measure Statement

"To improve student safety/campus security/intruder-protection systems, construct and upgrade classrooms, science labs, and school facilities that support college readiness and career training in math, science, engineering, technology, arts, and skilled trades, keep instructional technology up-to-date, and upgrade older schools to meet the same academic and safety standards as newer schools, shall ABC Unified School District issue $ _____ in bonds at legal rates, with citizen oversight, independent audits and all money locally controlled?"

Bonds- Yes Bonds-No

(Form to be printed in the Voter Information Guide if California Elections Code Section 13119 is amended)

Final Ballot Statement

To improve student safety/campus security/intruder-protection systems, construct and upgrade classrooms, science labs, and school facilities that support college readiness and career training in math, science, engineering, technology, arts, and skilled trades, and keep instructional technology up-to-date, shall ABC Unified School District issue $258,000,000 in bonds at legal rates, levying 5 cents/$100 assessed value for 29 years ($15,500,000) to improve our schools, with citizen oversight, independent audits and all money locally controlled?

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

Impartial Analysis for Measure BB

M00005867ENG-12

IMPARTIAL ANALYSIS OF MEASURE BB

By Mary C. Wickham, County Counsel

Approval of Measure BB ("Measure") would authorize the Board of Education ("Board") of the ABC Unified School District ("District"), which placed the Measure on the ballot by Resolution No. 18-03, to issue general obligation bonds in an amount not to exceed $258,000,000.

Proceeds from the sale of bonds authorized by the Measure shall be used only for the purposes specified in the Measure to modernize, repair, and replace existing school facilities. Projects include, but are not limited to, upgrading school libraries; renovating and/or adding campus bathrooms; upgrading and/or replacing shade structures; upgrading school main office; renovating or adding multi-purpose rooms; renovating and/or constructing classrooms; upgrading computer and science labs, playground surfaces and equipment, plumbing and electrical systems, and technology infrastructure; replacing the oldest portable classrooms and acquiring new portable classrooms; upgrading facility disabled access; making seismic retrofits; improving energy efficiency; expanding and/or upgrading drop-off/pick-up access and parking facilities; replacing furnishings and equipment; and abating hazardous materials. Bond proceeds may not be expended on teacher or administrator salaries or other operating expenses but may be used to reimburse the District for the cost of work performed by staff on, or necessary and incidental to, bond projects.

The Board shall cause independent performance and financial audits to be conducted annually to ensure that bond proceeds are spent only for projects identified in the Measure. The Board shall appoint an independent Citizens' Oversight Committee under Education Code section 15278 et seq. 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 and sold as current interest bonds and/or current interest term bonds and not as Capital Appreciation Bonds or bonds with a compounding interest feature. Bonds shall be issued in one or more series under any legal provision for issuance of general obligation bonds by school districts. The interest rate and maturity date on any bond shall not exceed the maximums allowed by law. According to the District's Tax Rate Statement, the best estimate of the average annual tax rate required to fund the bonds, based on assessed valuations available when the District filed the statement, is $49.50 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 2047-48. The estimated total debt service required to be repaid if all bonds are issued and sold is $449 million, including principal and interest. Estimated tax rates are based on the assessed value of taxable property on official rolls, not on a property's market value. Properties of taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate.

This Measure requires a fifty-five percent (55%) vote for passage. LA 531-069

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Argument in Favor of Measure BB

M00005867ENG-13

ARGUMENT IN FAVOR OF MEASURE BB

Vote YES on MEASURE BB

Create a lasting, positive impact on the quality of our schools, neighborhoods and the value of our homes while still protecting taxpayers. Measure BB is a wise investment. Good schools improve the quality of life in our community and preserve the value of our homes.

ABC USD's schools and classrooms have been well maintained over the years; however, these buildings have an average age of over 50 years! Our classrooms and schools require major upgrades and improvements not only to meet today's technological, safety and educational standards but to avoid greater repair costs in the future.

Measure BB will ensure local students have access to the education, facilities, technology, and skills training they need to succeed.

Projects Include:

  • - Improving student safety and campus security systems including establishing a single point of entry, security fencing and security cameras.
  • - Providing classrooms, labs, and facilities needed to support high-quality instruction in Science, Technology, Engineering and Math.
  • - Providing school facilities to support Career and Technical Education classes to prepare students for college and in-demand health sciences, engineering, technology, and skilled trade jobs.
  • - Upgrading older schools, so they meet the same academic and safety standards as newer schools.
  • - Keeping Instructional Technology up-to-date to ensure our students remain competitive.

Fiscally Responsible:
All money raised by Measure BB will be dedicated to safety upgrades, critical repairs and upgrades to our community schools. An independent citizen's oversight committee will review all expenditures from the bond, and there will be publicly available annual independent audits of bond funds.

Our Students Deserve Your Vote:
There are more than 20,000 children in our school district. They need safe schools today to meet tomorrow's challenges. They need your help. (Continued on next page)

LA 531-070
M00005867ENG-14
ARGUMENT IN FAVOR OF MEASURE BB (Continued)

For our students and our community, on November 6th, Vote YES on BB!

SHERMAN KAPPE
Former Mayor of Cerritos

OLYMPIA CHEN
Former ABC School Board President

CELIA SPITZER
Former ABC School Board President

DIANA NEEDHAM
Former Mayor of Cerritos

MAYNARD LAW
Current ABC Board Member LA 531-071

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Rebuttal to Argument in Favor of Measure BB

M00005867ENG-15

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE BB

Bond Measure BB is asking for too much.

In the Facilities Master Plan, Campus Security, Campus Technology, MPR/Gym, Lab/Media Centers, Portable Classroom Replacement, and Restroom Renovation are important, were estimated to cost over $175 million, are capital items, and should be funded by Measure BB. Classroom furniture, classroom finishes, office renovation, playground resurfacing/equipment, and shade shelter were estimated at over $82 million and should not be funded with this bond. The Measure should have been for $175 million, not $258 million.

ABCUSD has not been forthright.

On June 19 the Board approved a $110K contract to resurface playgrounds at three schools with deferred maintenance funds. Yet these projects are in the Facilities Master Plan on which this Bond Measure is based. Are we to pay for this and other projects which can be funded with deferred maintenance funds?

The District is ambiguous on the Specific Projects List.

This is a Proposition 39 bond measure which requires a Specific Projects List that voters can consider and a Citizens Oversight Committee can work with. Notice that near the end of Attachment 1, the District states that "inclusion of a project on the Bond Project List is not a guarantee that any specific project listed herein will be funded, completed or completed by a specific date." Doesn't this mean that the Specific Projects List is not specific?

Vote NO on Measure BB!

JAMES F. YEE
Homeowner LA 531-072

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Argument Against Measure BB

M00005867ENG-16

ARGUMENT AGAINST MEASURE BB

Yes, ABCUSD needs funding for capital improvements. However, this is a BAD BOND.

The Facilities Master Plan is incomplete!

ABCUSD authorized $60,000 to WLC Architects to assist the Facilities Committee in putting together a $258.73 million Facilities Master Plan. Board Policy requires that this Plan consider current and future trends in enrollment which very likely would lead to the consolidation of a few schools. This Plan did not consider enrollment. Why allocate funds for schools which should be CLOSED?

The Plan does not incorporate alternate funding!

The Facilities Committee recommended considering alternate funding sources to accelerate the implementation of the Plan. The District Chief Financial Officer stated that it was possible to find $31 million. Why doesn't the Bond measure reflect this REDUCTION?

There are too many out-of-district students!

Student Enrollment in the District is DECLINING, with further decline expected. FIFTEEN PERCENT of the students enrolled in the District are out-of-district transfer students. Those families WILL NOT PAY the taxes but enjoy the benefits. This is not fair!

Costs include non-capital items!

The $258 million bond measure includes over $61 million for Classroom Furniture, Classroom Finishes, Playground Surfacing and Equipment, and Shade Shelter, which do not have a useful life as long as the Bonds.

Now, ABCUSD wants to pass a bond measure based on an incomplete Facilities Master Plan. If passed, we and our children will be paying a total debt of $448 million for 29 years.

District families CANNOT afford more taxes. We will still pay property taxes over $105 million through 2034 on 1997 bonds!

This Measure has ZERO protection for senior citizens living on fixed incomes. Seniors cannot "opt out" of this tax.

Join hardworking families, senior citizens and business owners and VOTE NO on this Measure!

JAMES F. YEE
Homeowner LA 531-073

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Rebuttal to Argument Against Measure BB

M00005867ENG-17

REBUTTAL TO ARGUMENT AGAINST MEASURE BB

Vote YES on Measure BB

The ABCUSD Citizens Facilities Master Plan Committee determined that the facilities needs of the District require passing a bond. Only one person has filed an argument against Measure BB. However, in his argument against the measure, he agrees that ABCUSD needs this funding.

The District held over 20 meetings, open to the public, before finalizing the Plan. ABCUSD continues to listen and incorporate new information into future master plans.

District enrollment has fluctuated over the past ten years. Demographic changes may require increased utilization of the District's buildings in the future. All District facilities should be maintained for future capacity increases.

Measure BB cannot cover all identified, high-priority needs of the District. Additional funding sources are being aggressively sought through grants, matching funds, public/private partnerships and donations.

Students who attend ABC schools, and live outside the District boundaries, generate funds from the State for the District. This money helps maintain the outstanding academic programs offered in ABC and makes us the only Exemplary District in the County.

The bond provides for non-capital items such as updating all classroom furniture and playground equipment. These items are recommended by the Facilities Committee and allowed by State law.

The excellence of ABC School District is a major reason homes in our District are valued higher than similar homes in nearby neighborhoods. Passing Measure BB is a significant way to maintain continued high home valuation in ABC. Great schools make great communities and enhance home values.

DR. OLGA RIOS
ABC School Board Clerk

SOO YOO
ABCUSD School Board President

BRAD BEACH
Chair of ABC Facilities Committee

SOPHIA TSE
ABCUSD Board Member

GAIL BOSFIELD
President, ABC Council of PTAs LA 531-074

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Full Text of Measure BB

10

EXHIBIT "A"

BOND PROPOSITION OF THE
ABC UNIFIED SCHOOL DISTRICT

(November 6, 2018):

TEXT OF BOND MEASURE

INTRODUCTION

The Board of Education of the ABC Unified School District is committed to improving the quality of education in local schools by providing safe, secure, upgraded classrooms, labs and career technical education facilities needed to support high quality instruction in science, technology, engineering, arts and math.

The Board of Education has, as discussed below, taken efforts to solicit, receive and carefully consider community input, together with financial evaluation of available funding sources, to arrive at the decision to seek authorization to meet the District's critical facilities and infrastructure financing needs.

DISTRICT CAPITAL FACILITIES PLANNING

In order to address the District's educational facility 's needs and provide a positive learning environment for community students in an environment geared towards student safety and security, the Board had created the Ad Hoc Board Advisory Committee - Facilities, a 28 member Committee made up of parents, teachers, administrators, students, union representatives, and community members. The Committee reviewed District data and gathered community facilities needs input by visiting all school facilities and had met with community members, parents, students, and District staff. The Committee also conducted two public Town Hall meetings to receive community input. The input gathered was evaluated and used to update the District's Long Range Facilities Master Plan - 2018. In this Plan, the community input gathered was organized by the Committee into guiding principals of Security, Technology, Evolution, Parity, and Sustainability (STEPS). These STEPS address safety/security issues, technology upgrades, and facilities improvements designed to bring all ABC schools into safe, 21st Century facilities. Under this Direction by the Board, the Committee has prepared the update to the Long Range Facilities Master Plan and presented to the Board on January 16, 2018, as part of developing the scope and description of the projects to be funded through a bond measure.

Through the outreach efforts of the Board created Ad Hoc Board Advisory Committee - Facilities (Facilities Committee), the Facilities Committee visited every District facility to gather public/community input to develop Facilities Projects based on the guiding principals of STEPS. To gather input, the Facilities Committee met first hand with community members, parents, students, and staff. Further, the Facilities Committee conducted two District-wide Town Hall meetings. The Facilities Committee organized the community input received into Safety, Technology, Evolution, Parity and Sustainability (STEPS) facility upgrades so that those critical District facility improvement needs are addressed.

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BOARD FINDINGS

Based on the reviews, community input, the updated Long Range Facilities Master Plan, the recommendations by the Facilities Committee, and in consideration of student needs for education and safety, the Board has made certain determinations:

In approving this Project List, the Board of Education determines that the District must:

  1. (A) Upgrade all District facilities to improve campus security and safety
  2. (B) Upgrade classrooms, career technical education facilities, and construct or upgrade science labs to prepare students for college and good paying jobs in fields like health sciences, engineering and skilled trades; and
  3. (C) Repair and upgrade aging classrooms and school facilities to support high quality instruction in science, technology, engineering, arts and math; and
  4. (D) Adhere to specific fiscal accountability safeguards such as:
    1. (i) All expenditures must be subject to annual independent financial audits.
    2. (ii) No funds can be used for administrators' salaries and pensions.
    3. (iii) All money must stay local to support our students and cannot be taken away by the State or used for other purposes.
    4. (iv) An independent citizens' oversight committee must be appointed to ensure that all funds are spent only as authorized.

The Board has 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.

BOND AUTHORIZATION

In order to construct and reconstruct school facilities, and provide for supporting infrastructure at the existing school sites of the ABC Unified School District, and in so doing increase health, safety, welfare and educational effectiveness of classrooms for students, shall the ABC Unified School District be authorized to issue Bonds in an amount not to exceed $ ___, including the furnishing and equipping of school facilities listed in Attachment "1" on file at the District office and herein incorporated, which Bonds shall be issued for a term not to exceed the applicable statutory maximum, at an interest rate below the legal maximum, and which Bonds shall be subject to the following provisions:

  1. (A) That proceeds of the Bonds shall be used only for the construction or modernization of school facilities and supporting infrastructure, including the furnishing and equipping of school facilities pursuant to California Constitution Article XIIIA, Section 1(b)(3) and further that the proceeds of the Bonds shall be used only for the purposes specified in California Constitution Article XIIIA, Section 1(b)(3) (as amended by Proposition 39) and not for any other purpose, A-2 including teacher and non-construction related administrator salaries and any other school operating expenses.
  2. (B) That a list of the specific school facilities projects to be funded with the proceeds of the Bonds is attached hereto as Attachment "1" and, based upon the adoption of this Resolution, this Board of Education hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the school facilities listed in Attachment "1".
  3. (C) That the Board of Education of the District shall conduct annual, independent performance audits to insure that the proceeds from the sale of the Bonds have been expended only on the specific projects listed in this bond proposition.
  4. (D) That the Board of Education of the District shall conduct annual, independent financial audits of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the school facilities projects identified herein.
  5. (E) That the Board of Education of the District will, pursuant to the provisions of applicable State law, appoint a citizens' oversight committee, and conduct annual independent audits (as referenced above) to assure that the Bond proceeds are spent only on the school, facilities and classroom improvements, projects and costs identified in Attachment "1" and for no other purposes.

BOARD DIRECTIVES REGARDING BONDS:

The Board of Education of the District directs as follows with respect to the authorization of the Bonds:

  • The District will make all reasonable efforts to secure State funding for District capital projects if such State funding is available.
  • Bonds issued pursuant to this Bond Measure shall be issued and sold as current interest bonds and/or current interest term bonds and not as Capital Appreciation Bonds or bonds with a compounding interest feature.

TAXPAYER PROTECTIONS:

The following taxpayer protections are specifically provided in this Bond Measure and by law:

  • Bond funds shall be used only for the school capital facilities projects identified herein, and not for any other purpose.
  • Requirements of the California Government Code concerning the use of, and accounting for, the expenditure of bond proceeds shall be complied with as directed by the Board of Education of the District.
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  • As required by law, an Independent Citizen's Oversight Committee shall oversee expenditures of bond funds, and related matters, and shall report to the Board of Education and communicate with the public on such expenditures.
  • As required by law, the School District shall conduct annual financial audits and performance audits (using independent auditors) for all bond funds.
  • Bond Funds shall not be used for teacher or non-construction related administrator salaries or other non-construction related operating expenses.

A-4

"ATTACHMENT 1"

ABC UNIFIED SCHOOL DISTRICT

SCHOOL FACILITIES PROJECT LIST

Proceeds of the general obligation bonds of the ABC Unified School District ("District") would be used to finance the design, modernization, restoration and construction of public schools and school facilities and providing facilities improvements and upgrades, and related facilities costs, including, but not limited to, financing the following: modernizing, repairing and rehabilitating existing school facilities and adding certain new school facilities to meet current health, safety and instructional standards which will improve the overall educational experience for all students in the District. Such projects include, but are not limited to, upgrading school libraries to contemporary media centers; renovating or adding bathroom facilities at each District school campus; upgrading or replacing shade structures; upgrading school main office; renovate or new multi-purpose rooms (MPR); and reconstruction, renovation, modernization and construction of classrooms, upgrading classroom finishes, computer labs, playground surfacing/equipment, plumbing and electrical resulting from upgrades or new construction, electrical support for network infrastructure, and related projects. Project costs for expansion of existing facilities may include, but are not limited to, some or all of the following: site preparation, infrastructure and related expenses; and construction, acquisition or lease of temporary, portable or permanent classrooms, instructional support and ancillary facilities. Project costs for furniture and equipment may include, but are not limited to, some or all of the following: desks and tables; window and floor covering; kitchen equipment, improvements and furnishings; instructional sound system; science laboratory equipment; and other electronic equipment.

The following projects are identified as projects on which the bond funds may be expended:

MASTER PLAN FACILITIES PROJECTS AND OBJECTIVES

Provide modern facilities needed for core courses and repair and upgrade/replace outdated classrooms:

  • Install, add, and upgrade Security/Safety systems and infrastructure to meet needs for Student Safety and Campus Security
  • Replace only oldest portable classrooms
  • Ensure safety and structural integrity of buildings for student and employee safety by making seismic and safety upgrades and retrofits, if required
  • Improve energy efficiency to reduce costs and energy consumption (producing reductions on environmental impacts), through the use/installation of energy-efficient facilities including the installation/use of LED lighting and construction/installation of solar energy facilities
  • Upgrade and modernize District schools to provide for compliance with Americans with Disabilities Act (ADA)
  • Renovate, upgrade, replace, install, and provide repairs site infrastructure (Electrical, Communications, and Security Networks).
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  • Replace, update and improve selected drop-off/pick-up access and parking facilities with the goal of reducing traffic congestion in the vicinity of District schools, and for improved student pedestrian safety

DISTRICT COMMUNITY SCHOOLS IMPROVEMENT PROJECTS TO BE
COMPLETED AT THE FOLLOWING SCHOOL SITES (WITH ORIGINAL
CONSTRUCTION DATE NOTED)

SCHOOL SITE/FACILITIES ORIGINAL CONSTRUCTION YEAR

Aloha Elementary School 1960
Bragg Elementary School 1969
Burbank Elementary School 1949
Carver Elementary School 1969
Cerritos Elementary School 1966
Elliott Elementary School 1958
Furgeson Elementary School 1966
Gonsalves Elementary School 1972
Hawaiian Elementary School 1958
Juarez Elementary School 1970
Kennedy Elementary School 1963
Leal Elementary School 1972
Melbourne Elementary School 1957
Niemes Elementary School 1960
Nixon Elementary School 1973
Palms Elementary School 1961
Stowers Elementary School 1968
Willow Elementary School 1958
1-2 Wittmann Elementary School 1973
Carmenita Middle School 1937
Ross Middle School 1949
Fedde Middle School 1951
Haskell Middle School 1954
Tetzlaff Middle School 1964
Artesia High School 1953
Cerritos High School 1971
Gahr High School 1963
Whitney High School 1975
Tracy High School 1966
Cabrillo Lane Site 1962
Cuesta Adult School 1966
District Office West 1980
Maintenance Operations & Transportation 1979
Central District Office 1972
Central Nutrition Services 1972
District Warehouse 1972

SCHOOL FACILITY PROJECT LIST. The items presented on the following list provided are the types of projects authorized to be financed with voter-approved bond proceeds. Specific examples included on this list are not intended to limit the broad types of projects described and authorized by this measure. The types of projects authorized are:

  • Make health, safety and handicapped accessibility improvements
  • Upgrade electrical systems only as required by upgrade or new construction projects
  • Upgrade technology infrastructure to improve student access to computers
  • Modernize and upgrade outdated classrooms, restrooms and school facilities
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  • Make security improvements, including improving pedestrian access, lighting and fencing
  • Upgrade existing classrooms, upgrade or construct new science classrooms, upgrade or add restrooms
  • Improve playgrounds and playfields for school and community use and new playground surfacing and replace selected older play equipment
  • Make energy efficient improvements, including installing solar panels
  • Replace windows to improve campus security
  • Replace only certain oldest portable classrooms
  • Federal and State-mandated Americans with Disabilities Act (ADA) accessibility upgrades including site access, parking, staff and student restrooms, relocation of some existing electrical devices, drinking fountains, playground equipment, etc.
  • Abate and remove hazardous materials identified prior to or during construction
  • Repair, replace and/or upgrade paved surfaces, turf and other grounds to eliminate safety hazards and improve outside instructional areas

ALL DISTRICT SCHOOL SITES WHERE RENOVATION, MAJOR REPAIRS AND/OR
NEW CONSTRUCTION TO BE UNDERTAKEN:

  • Remove and mitigate hazardous materials (asbestos, lead, PCB, mold, mildew, etc.) where necessary if encountered during facilities upgrades
  • Address unforeseen conditions revealed by construction/modernization such as plumbing, or gas line breaks, dry rot, termite damage, and/or seismic structural repairs.
  • Improve schools as required to comply with existing building codes and state/federal requirements, including access requirements of the ADA.
  • Provide adequate furniture and equipment for all classrooms, and spaces to be newly constructed or reconstructed.
  • Necessary site preparation/restoration in connection with renovation or remodeling, 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 property.
  • If the Board of Education determines that replacement is more economical than rehabilitation or renovation of existing classrooms/school facilities, in those particular cases replacement/new construction will be explored/pursued.
  • Provide temporary (interim) classrooms and other school facilities as needed to accommodate students and school functions displaced during construction, including, but not limited to, relocation costs. This includes the costs to remove such facilities when no longer needed and the costs to restore the site and utility systems after removal.

DISTRICT TECHNOLOGY, INFRASTRUCTURE
AND FACILITIES PROJECTS

The District Technology, Infrastructure and Facilities Projects include preparation, planning, design and architectural work, acquisition, construction and installation projects, furnishings and equipment and supporting infrastructure costs (as further described below) for the following projects, which include:

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  • Installing infrastructure and supporting wiring, access facilities and support facilities in order to support broadband and improved communications access for high-speed data and communications
  • Construct and install solar energy facilities, energy management systems and facilities and energy conservation systems for greater energy efficiency
  • Installing, upgrading and improving wireless communications networks and communications access at District school sites and District facilities
  • Installing and upgrading network infrastructure, including electrical infrastructure to safely accommodate and support computers, technology, media presentation, communications and other electrical and/or electronic devices
  • Expansion/renovation of classrooms, teaching stations and infrastructure to accommodate updated technology, communications and teaching infrastructure
  • Renovations, upgrades, expansion and improvement of District support and administrative facilities and buildings
  • Upgrade and improve safety equipment and systems for increased student safety; such as fire systems, public address systems and intrusion alarm systems
  • Upgrade technology infrastructure, including fiber and wireless Internet access.
  • Upgrade electrical infrastructure as need to support technology upgrades

Approval of the proposed bond measure would authorize the District to utilize bond funds in order to provide updated learning technology and equipment needed to provide a 21st- Century education for District students at any of the above listed District school sites/facilities.

Project Costs for Additional Furnishings and Equipment

Project Costs for furnishings and equipment for some or all of the within-identified District campuses may include, but are not limited to, some or all of the following: security, safety and communication systems and equipment, desks and tables; window and floor coverings (including tiles and carpeting); including, but not limited to, public address systems, improvements and furnishings, fire alarm, security systems; science laboratory equipment; and/or other infrastructure equipment and systems.

Project costs for the above-referenced projects may include installation costs, engineering and design costs, project management/construction management costs, warranty costs, master facilities planning, state or local costs or expenses involving design, planning, site and facilities development costs and charges, environmental review(s) and proceedings, necessary supporting infrastructure costs, relocation costs and expenses, necessary contingency plans and related costs construction and completion of the aforementioned facilities projects, audit costs, direct legal costs and related costs. Project costs may also include the payment or prepayment of existing or future lease payments and/or interim financing costs for lease of authorized facilities, property or buildings, prepayment of lease obligations for facilities purposes (including temporary classroom facilities) and payment of costs and expenses for interim financing of authorized facilities (including, but not limited to, financing delivery 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. Allowable project costs also include: costs of issuing the bonds 1-5
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or other securities (as authorized under California law), informational distribution costs and election costs authorized under State law.

The scope and nature of any of the specific projects described above may be altered by the District as required by unforeseen conditions that may arise during the course of design and accomplishment of the projects. In the event that a modernization or renovation project is more economical for the District to be undertaken as new construction, this bond measure authorizes relocation and construction and/or reconstruction, and all costs relating thereto, for said reason or, alternatively, based on other considerations deemed in the best interest of the District by the Governing Board of Trustees.

This School Facilities Project List describes the facilities and capital projects the District may finance with proceeds of the Bonds. In addition, authorized projects include reimbursements for paid project costs and paying and/or prepaying interim or previously obtained financing for the types of projects included on the project list, such as bond anticipation notes, and including payment and prepayment of lease payments relating to projects and/or equipment previously financed. Listed projects will be completed as needed at a particular school site according to Board-established priorities following the guiding principles of STEPS as recommended in the Long Range Facilities Master Plan, and the order in which such projects appear on this School Facilities Project List is not an indication of priority for funding or completion. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. Certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured. Until all project costs and funding sources are known, the Board of Education cannot determine the amount of bond proceeds available to be allocated for each project, nor guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Completion of some projects may be subject to further government approvals by State officials and boards, to local environmental review, and to input from the public. For these reasons, inclusion of a project on the Bond Project List is not a guarantee that any specific project listed herein will be funded, completed or completed by a specific date.

In preparing the foregoing list, the Board of Education of the ABC Unified School District has evaluated safety, class size and information technology needs.

The District will also aggressively pursue funds from the State of California to complete facilities projects.

No Administrator Salaries. Proceeds from the sale of Bonds authorized by this measure shall be used only for the construction, acquisition, repair, renovation, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the lease of real property for school facilities as identified herein, and not for any other purpose, including teacher and non-construction related administrator salaries and other operating expenses.

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

Measure BB Tax Rate Statement

M00005867ENG-18

TAX RATE STATEMENT - MEASURE BB

An election will be held in the ABC Unified School District (the "District") on November 6, 2018, to authorize the sale of up to $258,000,000 in bonds of the District to finance improvements to educational facilities as described in the measure. This measure will authorize a tax sufficient for payment of interest on, and redemption of, the bonds. If such bonds are authorized and sold, the principal thereof and the interest thereon are a general obligation of the District, payable from the proceeds of ad valorem taxes on taxable real property located within the District.

The following information is submitted in compliance with California Elections Code Sections 9401 through 9404 based on estimates of assessed valuations available at the time of filing of this statement:

  1. (a) The best estimate from official sources of the average annual tax rate that would be required to be levied to fund the bond issue during the entire duration of the bond debt service (repayment of the bonds) based on estimated assessed valuations available at the time of filing of this statement, which is a projection based on experience within the same jurisdiction or other demonstrable factors, is $0.0495 per $100 ($49.50 per $100,000) of assessed valuation. The final fiscal year in which such tax is anticipated to be collected is 2047-2048.
  2. (b) The best estimate from official sources of the highest tax rate which would be required to be levied to fund the bond issue based on estimated assessed valuations available at the time of filing of this statement, which is a projection based on experience within the same jurisdiction or other demonstrable factors, is $0.0495 per $100 ($49.50 per $100,000) of assessed valuation. It is estimated that this tax rate would apply in the 2019-20 fiscal year.
  3. (c) The best estimate of the total debt service, including principal and interest, that would be required to be repaid if all the bonds are issued and sold is $449 million.

Voters should note that these estimated tax rates are based on the assessed value of taxable property within the District as shown on the official rolls of Los Angeles County, not on the property's market value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective rate than described above. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the Los Angeles County Assessor in the annual assessment and the equalization process. Property (Continued on next page) LA 531-075
M00005867ENG-19
TAX RATE STATEMENT - MEASURE BB (Continued)
owners should consult their own property tax bills and/or tax advisors to determine their property's assessed value and any applicable tax exemptions.

Attention of all voters is directed to the fact that these estimates are based on assumptions and projections derived from information currently available and obtained from official sources. The actual tax rates and the years in which they will apply may vary depending on the timing of any bond sales, the amount of bonds sold, the maturities of the bonds issued and sold, market interest rates at the time of each sale of bonds and actual assessed valuations over the term of repayment of the bonds. The figures provided above are estimations based on the factors noted herein and are not maximum limitations. The timing of the bond sales and the amount of bonds sold at any given time will be governed by the needs of the District. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each such sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the Los Angeles County Assessor in the annual assessment and the equalization process.

Dated: July 17, 2018

DR. MARY SIEU
Superintendent
ABC Unified School District

If this bond measure is approved, the ABC Unified School District Board of Education will appoint a citizens' oversight committee and conduct annual independent audits to assure that bond funds are spent only on school and classroom improvements and for no other purposes. LA 531-076

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Measure BB Agenda Description

Agenda of July 17, 2018 (complete item)

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ABC Unified School District

16700 Norwalk Boulevard, Cerritos, CA 90703 (562) 926-5566
BOARD OF EDUCATION
Chris Apodaca Maynard Law Leticia Mendoza
Ernie Nishii Dr. Olga Rios
Sophia Tse Soo Yoo
Superintendent
Dr. Mary Sieu

REGULAR MEETING
OF BOARD OF EDUCATION

CLOSED SESSION AGENDA

July 17, 2018
5:30-7:00 pm. - Closed Session
7:00 pm. - Open Session

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ACTION ITEMS

General Functions

1.5-A Adoption of Resolution 18-03 of the Board of Education of the ABC Unified School District Ordering a School Bond Election, Establishing Specifications for An Election Order, Requesting Consolidation with Other Elections Occurring on November 6, 2018, and Taking Related Actions 102

Supt. & Staff Recommend: Adopt Resolution 18-03 to call and conduct a general obligation bond election on November 6, 2018, to authorize the Bonds for the purposes, and with the limitations discussed above.

Motion Second Vote

10 11

ABC Unified School District

TO: Board of Education

FROM: Dr. Mary Sieu, Superintendent

PREPARED BY: Toan Nguyen, Assistant Superintendent-Business Services/
Chief Financial Officer

DATE: July 17, 2018

SUBJECT: ADOPTION OF RESOLUTION 18-03 OF THE BOARD OF EDUCATION OF THE ABC UNIFIED SCHOOL DISTRICT ORDERING A SCHOOL BOND ELECTION, ESTABLISHING SPECIFICATIONS FOR AN ELECTION ORDER, REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018, AND TAKING RELATED ACTIONS

BACKGROUND INFORMATION: The ABC Unified School District has determined that in order to ensure the safety of our students, to maintain outstanding student achievement and enhance the quality of education for all students, and to prepare students for the competitive cqllegiate and career markets of the 21 st century, the District must enhance, upgrade, expand, and improve its educational facilities.

In April, 2016, the Board of Education formed the Facilities Ad Hoc Committee (FAC), which consisted of 28 members and alternates. The FAC met over an 18 months period, held 18 meetings, conducted two town hall meetings, visited 34 schools and District support sites, met with hundreds of administrators, teachers, parents, students, and community members. The FAC presented its final draft report of the Facilities Master Plan (FMP) to the Board on January 16, 2018.

Subsequently, on January 31, 2018, the Board held a Special Study Session regarding the Facilities Master Plan. At that meeting, the Board directed the Superintendent/designee to retain the service of: 1) A financial advisor - Tim Cary with Piper Jaffray, which was approved by the Board on March 20, 2018; 2) A public relation consultant -Ann Nock with AMN Solution, which was also approved by the Board at the same meeting; 3) a research & polling consultant - Dr. Tim Mclarney with True North Research, which was approved by the Board at the April 17, 2018 meeting; and 4) a demographer - Greg Davis with Davis Demographic, which was approved by the Board at the May 1, 2018 meeting.

On May 29, 2018, the Board held another Special Study Session regarding the Facilities Master Plan. At that meeting, all of the above consultants were present to review, discuss, explain, clarify, and update the Board of the work they have been and will be doing, as well as options and strategies available to the Board should they choose to move forward with the election of a General Obligation Bond.

On June 19, 2018, Dr. Tim Mclarney from True North Research presented to the Board the survey result. At that meeting, the Board expressed an interested in having another Special Study Session to further discuss the survey result and a possible election of a General Obligation Bond to fund the facilities needs from the Facilities Master Plan.

On July 10, 2018, the Board conducted a third Special Study Session regarding the Facilities Master Plan. In attendance was Dr. Tim Mclarney with True North Research, who provided a summary of the survey result and related bond election legislation such as AB195, SB863 and other competing measures; Bond Counsel Robert Anslow with AALRR presented a draft Resolution to the Board for discussion; and Tim Carty with Piper Jaffray who provided the Board with different options regarding bond amount and tax rate.

ACTION ITEM: 1.5-A
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Based on current facilities needs and planning of the ABC Unified School District ("District") it is recommended that the Board adopt Resolution No. 18-03 to call an election to submit to the electors of the District the question whether a new issue of general obligation bonds of the District ("Bonds"), be authorized for the purpose of raising money to complete certain educational projects as further described in the Project List attached to Resolution No. 18-03 ("School Facilities"), all pursuant to the provisions of Proposition 39 and related State law.

Pursuant to the provisions of the Education Code and Section 1 (b) of Article XIIIA of the California Constitution, the Board may order the Los Angeles County Registrar of Voters ("County Registrar") to call an election and submit to the electors within the boundaries of the District the question of whether Bonds shall be issued to be conducted on November 6, 2018. November 6, 2018, is a Statewide General election date and as such is an authorized election date under the requirements of Proposition 39.

Resolution No. 18-03 has been prepared to comply with the Constitutional and statutory requirements for a Proposition 39 general obligation bond election, and was drafted with input from District staff and in consultation with the District's facilities and finance consultants. The description of facilities projects proposed to be funded with the Bond funds has also been prepared and reviewed by District staff and consultants. Additional Proposition 39 and statutory requirements are addressed within Resolution No. 18-03 and its exhibits. This includes (if the bond measure passes) the formation and appointment of a Citizen's Oversight Committee.

If adopted by the Board, Resolution No. 18-03 will be submitted to the County Registrar prior to the submission deadline. The County Registrar and the Los Angeles County Board of Supervisors will be requested to consolidate the bond election with the other elections occurring on November 6, 2018, within the boundaries of the District and to take all other actions necessary to call and conduct the bond election. The Resolution also authorizes the preparation and submission of the necessary Tax Rate Statement and other documentation and actions necessary in order to call and conduct the general obligation bond election.

The District will be represented in the authorization, issuance and sale of the Bonds by Piper Jaffray & Co., as the District's Financial Advisor and Atkinson, Andelson, Loya, Ruud & Romo, A Professional Corporation as the District's Bond Counsel.

The proposed bond measure is for approximately $_ million dollars. It is anticipated that the bond will be issued in four series: 2019, 2022, 2025, and 2028 and will have a 29-year amortization. All bonds will be current interest bond and no Capital Appreciation Bond will be issued. The bond must have at least 55% approval of the voters. If approved, property owners will pay approximately $_ per $100,000 of the assessed value of their property.

POLICY/ISSUE: Board/Policy/Administrative Regulation 2234- Project Development

FISCAL IMPACT

Revenue Potentially $ _ million from bond proceeds

SUPT. & STAFF RECOMMEND: Adopt Resolution 18-03 to call and conduct a general obligation bond election on November 6, 2018, to authorize the Bonds for the purposes, and with the limitations, discussed above.

ACTION ITEM: 1.5-A

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Measure BB Resolution

RESOLUTION NO.18-03

RESOLUTION OF THE BOARD OF EDUCATION OF THE ABC
UNIFIED SCHOOL DISTRICT ORDERING A SCHOOL BOND
ELECTION, ESTABLISHING SPECIFICATIONS FOR AN ELECTION
ORDER, REQUESTING CONSOLIDATION WITH OTHER ELECTIONS
OCCURRING ON NOVEMBER 6, 2018, AND TAKING RELATED
ACTIONS

WHEREAS, the ABC Unified School District ("District"), a California public school district organized and operating pursuant to the laws of the State of California ("State"), desires to make improvements to existing facilities, rehabilitate, modernize or replace certain existing school facilities, construct or renovate science classrooms, which may include the furnishing and equipping of school facilities, all as further described herein, for school facilities to serve the students within the District as further described in Exhibit "A" attached hereto and incorporated herein by this reference ("School Facilities") ; and

WHEREAS, Section 1(a) of Article XIIIA of the California Constitution enacted in 1978, subject to exceptions, limits ad valorem taxes on real property to one percent (1%) of the full cash value of such property ; and

WHEREAS, Proposition 46, approved by the voters of the State in 1986 added a provision to Section 1(b) of Article XIIIA to exempt from such one percent (1%) of full cash value limitation, those ad valorem taxes used to pay debt service of any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds (2/3) of the votes cast by the voters voting on the proposition for bonded indebtedness; and

WHEREAS, the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") was adopted by the voters within the State in 2000, added Section 1(b)(3) of Article XIIIA of the California Constitution and amended Section 18(b) of Article XVI of the California Constitution, to allow a public school district, upon approval by a two-thirds vote of its board of education, to incur bonded indebtedness approved in an election conducted after such date for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities or the acquisition or lease of facilities or real property for school facilities, in consideration of safety, class size reduction and information technology needs, to be approved by fifty-five percent (55%) of the voters of such school district provided that certain findings, determinations, certifications and requirements are applicable to such a bond election and the proposition for such bonded indebtedness includes specified accountability requirements all as set forth in Proposition 39, as adopted, and related State legislation are satisfied ("Proposition 39 Accountability Requirements"); and

WHEREAS, the Board of Education had created the Ad Hoc Board Advisory Committee Facilities (Facilities Committee) with 28 members made up of parents, teachers, administrators, students, union representatives and community members, which the Facilities Committee met approximately 18 times, and reviewed/considered District data and gathered input on all District school facilities improvement needs by the following means; visited all school facilities, met with community members, parents, students, District staff, and updated the 104
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Board of Education at three occasions, conducted two District-wide Town Hall meetings, and where all findings collected were incorporated into the update to the District Long Range Facilities Master Plan - 2018 including recommendations to the Board of Education; and

WHEREAS, under existing State law, November 6, 2018, is a Statewide General Election Date; and

WHEREAS, in the judgment of the Board of Education of the District ("Board"), it is advisable to order the Los Angeles County Registrar of Voters ("County Registrar") to conduct an election within the District on the question of whether bonds ("Bonds") shall be issued and sold for the purposes described herein and subject to the Proposition 39 Accountability Requirements; and

WHEREAS, under Section 10403 et seq. of the California Elections Code ("Elections Code"), it is appropriate for the Board to request consolidation of such election with any and all other elections to be held within the boundaries of the District on Tuesday, November 6, 2018.

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

Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. The Board, pursuant to California Education Code ("Education Code") Sections 15264 et seq., Section 1(b)(3) of Article XIIIA of the California Constitution, Section 18(b) of Article XVI of the California Constitution and, to the extent applicable, Education Code Sections 15100 et seq., hereby orders and calls an election to submit to the electors of the District the question of whether Bonds will be issued and sold for the purpose of raising money to finance the School Facilities listed in Exhibit "A" ("Election"), which is also on file at the District office, and for paying costs incident thereto, which Election will occur on a Statewide General Election Date. The amount of the Bond authorization shall be $ ____ as further set forth in the exhibits hereto.

Section 3. The date of the Election shall be November 6, 2018.

Section 4. The purpose of the Election shall be for the voters in the District to vote on a proposition as set forth in Section 11 hereof ("Proposition" or "Bond Measure"), containing the question of whether the District shall issue the Bonds for the purposes stated therein, including the Proposition 39 Accountability Requirements, and subject to the terms and conditions set forth in this Resolution.

Section 5. That the authority for ordering the Election is contained in Education Code Sections 15264 et seq., Section 1(b)(3) of Article XIIIA of the California Constitution and Section 18(b) of Article XVI of the California Constitution as amended pursuant to the provisions of Proposition 39 and, to the extent applicable, Education Code Sections 15100 et seq.

Section 6. This Resolution constitutes the order of the District to the County Registrar to call and conduct the Election ("Election Order") within the boundaries of the District 2 on November 6, 2018, which is a Statewide General Election Date, subject to the terms, provisions and requirements set forth herein.

Section 7. The authority for the specification of the Election Order is contained in Education Code Section 5322.

Section 8. The Clerk of the Board is directed to send, or cause to be sent, a certified copy of this Resolution to the County Registrar and a certified copy of this Resolution to the Los Angeles County Clerk of the Board of Supervisors ("County Clerk"). The Clerk of the Board shall also transmit, or cause to be transmitted, a copy of this Resolution to the Los Angeles County Superintendent of Schools.

Section 9. Pursuant to Education Code Section 5342 and Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, the County Registrar and the Los Angeles County Board of Supervisors ("County Board") are hereby requested to take any and all actions necessary to consolidate the Election ordered hereby with any and all other elections to be held on November 6, 2018, within the boundaries of the District, and to take all other actions necessary to call and conduct the Election specified herein. The County Registrar, the County Clerk and the County Board are hereby also requested to take all other actions necessary to conduct the Election called and ordered hereby.

Section 10. Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the County Board is requested to permit the County Registrar to render all services specified by Section 10418 of the Elections Code relating to the Election, for which services the District agrees to reimburse Los Angeles County ("County") in full upon presentation of a bill from the County, such services to include the publication of the Notice of School Bond Election and the mailing of the sample ballot and Tax Rate Statement (as described herein).

Section 11. Based upon the requirements of the California Constitution and State law, the Proposition to be voted on by the voters in the District in such Election shall be as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. The full text of the Proposition, which commences with the heading "TEXT OF BOND MEASURE" and includes all of the text thereafter in Exhibit "A," (including Attachment "1") shall be printed in the voter information pamphlet (voter information guide) provided to voters, with such measure designation as is assigned to the Proposition by the County elections official.

Section 12. A Ballot Measure Statement, to comply with Education Code Section 5322 and Elections Code Section 13247, and other applicable law, is attached hereto as Exhibit "B-1" and incorporated herein by this reference. The Ballot Measure Statement set out in Exhibit "B-1" shall be printed on the ballot form as part of the Election if Elections Code Section 13119 remains in its current form at the time of publication of the Election materials. If Elections Code Section 13119 is amended, such that its requirements are not applicable to the Bond Measure referenced herein, the Ballot Measure Statement in Exhibit "B-2" shall be utilized as part of the Election. The Superintendent, Assistant Superintendent -, Business Services/Chief Financial Officer and District legal counsel are hereby authorized to communicate with, and provide directions to, the County Registrar as to the form of the Ballot Measure Statement to be used.

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Section 13. Notice of such Election (Bond Measure) shall be provided by the County Registrar as provided for under State law.

Section 14. If the Bonds are approved pursuant to the requirements of the California Constitution and applicable State law, the Board shall establish and appoint members to an independent citizens' oversight committee in accordance with the requirements of Article 2 of Chapter 1.5 of Part 10 of the Education Code. The Board of Education will endeavor to include members on the citizen's oversight committee who have experience in the fields of accountancy, finance, and law.

Section 15. Pursuant to Education Code Section 15272, and as included in Exhibit "A" attached hereto, the Board hereby directs that the County Registrar cause to be printed in or on the ballot materials for the Election the following statement:

"If this bond measure is approved, the ABC Unified School District Board of Education will appoint a citizens' oversight committee and conduct annual independent audits to assure that bond funds are spent only on school and classroom improvements and for no other purposes."

Section 16. The Board certifies that the proceeds from the sale of the Bonds will be used only for the purposes specified in Article XIIIA, Section 1(b)(3) as further specified in Exhibit "A," and not for any other purpose, including teacher and administrator salaries and other school operating expenses. Further, as required by Article XIIIA, the Board hereby certifies that it has evaluated safety, class size and information technology needs in developing the list of School Facilities projects set forth in Exhibit "A."

Section 17. As required by Article XIIIA of the California Constitution and California Government Code ("Government Code") Section 53410, in the event fifty-five percent (55%) (or more) of the voters voting in the District approve of the Bonds, the Board shall:

  1. (a) conduct annual, independent performance audits to ensure that the funds have been expended only on the School Facilities set out in Exhibit "A";
  2. (b) conduct annual, independent financial audits of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the School Facilities set out in Exhibit "A";
  3. (c) apply the Bond proceeds only to the specific purposes stated in the Proposition.

Section 18. In accordance with Education Code Section 15268, the Bonds will only be issued if the tax rate levied to meet the requirements of Section 18 of Article XVI of the California Constitution will not exceed sixty dollars ($60) per year per one hundred thousand dollars ($100,000) of taxable property for the Bonds authorized in this Election when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.

Section 19. The Board finds that funding of infrastructure and capital projects must be supported in the future in order to provide quality school facilities and a positive learning environment for the District's students and to support the District's mission of education.

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Subject to fiscal requirements of the District, as directed by the Board, the Board hereby finds and directs as follows:

  1. (a) that the Board does not plan to build and maintain its bond-funded capital facilities under a Project Labor Agreement (PLA);
  2. (b) that the Board will maintain a reserve of 2% - 3% of general funds for economic uncertainties;
  3. (c) that the Board will budget 2% - 3% of its operating revenues for routine, restricted maintenance of District facilities, including school facilities;
  4. (d) that, the Board will seek to set aside at least 2% of the value of the Bonds issued as a result of the Proposition from the District's general fund for future construction and repairs;
  5. (e) that Bond funds will not be expended for operations and maintenance costs of the District;
  6. (f) that the Bonds are expected to be issued in multiple series in response to the District's needs and as part of a financing plan;
  7. (g) That the Bonds will be issued at interest rates consistent with then-prevailing market interest rates for similar municipal securities; and
  8. (h) that the Bond terms of each series of Bonds will be structured to be consistent with the useful life of the capital facilities funded with each series of bonds as and when issued.

Section 20. To the extent applicable, the Board finds that in connection with the calling of the Election and in accordance with Education Code Section 15100(c), the District has obtained reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations within the boundaries of the District as made by the County Assessor.

Section 21. Pursuant to Government Code Sections 53410 and 53411 and other provisions of State law, the Board hereby finds, determines and directs as follows:

  1. (a) The purpose of the Bonds to be authorized pursuant to the Election is to finance the School Facilities as described herein.
  2. (b) The Board hereby directs that at the time the Bonds are authorized by the Board for issuance and sale, the Board shall provide, in such issuance resolution or other Bond issuance documents, that the proceeds of the Bonds shall be used only for the purpose set forth in Section 2l(a), above.
  3. (c) The Board hereby directs that at the time the Bonds are authorized by the Board for issuance and sale, the Board shall provide in such issuance resolution or other Bond issuance documents for the creation of one or more funds or accounts (which may include subaccounts) into which the proceeds of the Bonds, or each series of Bonds, as the case may be, shall be deposited. The Bonds may be issued in one or more series consistent with applicable law, 5
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    including the provisions and restrictions of this Section 21, which shall apply to each such series of the Bonds.
  4. (d) The District's Superintendent, or the District's Assistant Superintendent, Business Services (as shall be applicable), shall have the responsibility (once the Bonds are authorized and issued) to provide to the Board, no less often than annually, a written report which shall contain at least the following information:
    1. (i) The amount of the Bond proceeds received and expended within the identified period of time. If no Bonds have been issued and sold, the report may simply note such situation;
    2. (ii) In the event that Bonds have been issued and sold, and proceeds therefore received, the report shall include the status of the acquisition, construction or financing of the School Facilities with the proceeds of such Bonds or series of Bonds; and
    3. (iii) In the event that taxes have been levied in a fiscal year to pay principal and interest on the Bonds, the amount of principal and interest due on the Bonds in the corresponding calendar or fiscal year.

The report required by this Section 21(d) may be combined with other periodic reports which include the same information, including, but not limited to, periodic reports made to the California Debt and Investment Advisory Commission or continuing disclosure reports or other reports made in connection with the Bonds, or any series thereof.

The requirements of this Section 21(d) shall apply only until all Bonds or each series of Bonds, are redeemed or defeased, but if the Bonds or any series of Bonds are refunded, such provisions shall apply until all such refunding Bonds are redeemed or defeased.

Section 22. The Bonds may be issued in one or more series by the District from time to time, and each series of Bonds shall mature not more than the applicable legal limit from the date of issuance thereof. The Bonds shall be issued under the provisions of the Education Code, under the provisions of Section 53506 of the Government Code, or under any other provision of law authorizing the issuance of general obligation bonds by school districts. The Board will endeavor to provide local residents of the District a priority in the purchase of the Bonds.

Section 23. Any or all of the members of this Board are authorized to act as an author of any ballot argument prepared in connection with the Election, including a rebuttal argument.

Section 24. The Superintendent, Assistant Superintendent, Business Services, President of the Board, and their respective designees, are hereby authorized to execute and deliver any Tax Rate Statement (prepared or provided pursuant to Elections Code Sections 9400 - 9404) or any other document and to perform all other acts or actions necessary to place the Bond Measure called hereby on the ballot and to conduct the Election ordered herein. This shall include, but shall not be limited to, payment to the County for costs or expenses incurred by the County in calling and conducting the Election for the Proposition as directed herein. Such costs may, to the extent legally permissible, be recovered as a cost of issuance of the Bonds if so authorized by the electors.

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Section 25. The Superintendent, the Assistant Superintendent, Business Services, the President of the Board, and/or their respective designee(s), are hereby authorized and directed to make any changes to the text of the Proposition or the Ballot Measure Statement referenced in Section 12 hereof and set forth in Exhibits "A" and "B-1" or "B-2", as applicable as required to conform to any requirements of Section 1(b) of Article XIIIA of the California Constitution, Proposition 39, State law or the County Registrar.

Section 26. The adoption of this Resolution, and the call and conducting of the Election, is not a "project" for purposes the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code ("CEQA") but that each of the projects specified in Exhibit "A" will be accomplished in accordance with the applicable requirements of CEQA. The Clerk of the Board is authorized and directed to complete, execute and file, or arrange for filing of, a Notice of Exemption in such regard.

Section 27. The Superintendent, the Assistant Superintendent, Business Services, President of the Board, Clerk of the Board and/ or their respective designee(s), District staff and District consultants are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to give effect to and comply with the directives, terms and intent of this Resolution. Such actions heretofore taken by such officers, officials, consultants and staff are hereby ratified, confirmed and approved.

Section 28. This Resolution shall take effect upon its adoption.

[Remainder of this page intentionally left blank.]

005166.00331
20636453.2
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ADOPTED, SIGNED AND APPROVED this 17th day of July, 2018.

BOARD OF EDUCATION OF THE ABC UNIFIED
SCHOOL DISTRICT

By: ___________ ___ _
President of the Board of Education of the
ABC Unified School District

By: ______________ _
8 Clerk of the Board of Education of the ABC
Unified School District

STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )

I, Dr. Olga Rios, Clerk, Board of Education of the ABC Unified School District, do hereby certify that the foregoing Resolution was duly adopted by the Board of Education of the ABC Unified School District at a meeting thereof held on the 17th day of July, 2018, at which meeting a quorum of such Board was present and acting throughout and for which notice and an agenda was prepared and posted as required by law, and that such Resolution was so adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Clerk, Board of Education of the ABC Unified School District

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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )

I, Dr. Olga Rios, Clerk of the Board of Education of the ABC Unified School District, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 18-03 of such Board and that the same has not been amended, rescinded or repealed.

Dated this 17th day of July, 2018.

Clerk, Board of Education of the ABC Unified School District

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