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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 Lowell Joint 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, 0623010, 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
To repair and modernize aging classrooms/school facilities at local elementary/intermediate schools, repair termite damage, dry rot, deteriorating roofs, plumbing, and electrical, improve student safety/security, and upgrade classrooms, science labs, and facilities to support student achievement in math, science, technology, and arts, shall Lowell Joint School District issue $48,000,000 in bonds at legal rates, an estimated 3 cents per $100 assessed valuation ($3,000,000 annually) for approximately 33 years, with citizen oversight and all money locally controlled?
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.
To repair and modernize aging classrooms/school facilities at local elementary/intermediate schools to meet current building/safety standards, repair termite damage, dry rot, deteriorating roofs, plumbing, and electrical, improve student safety/security systems, and upgrade classrooms, science labs, and facilities to support student achievement in math, science, technology, and arts, shall Lowell Joint School District issue $48,000,000 in bonds at legal interest rates, with independent citizen oversight, no money for administrator salaries, and all money staying local?
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Impartial analysis / Proposal
Approval of Measure LL ("Measure") would authorize the Board of Trustees ("Board") of the Lowell Joint School District ("District"), which placed the Measure on the ballot by Resolution 2018-19 No. 724, to issue general obligation bonds in an amount not to exceed $48,000,000.
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, upgrading classrooms, buildings, labs, restrooms, common areas/grounds, and school support facilities; repairing or replacing doors, windows, hardware, roofs, gutters, walls, ceiling, finishes, paint, siding, insulation, cabinets, storage, and flooring; upgrading lighting, sinks, drinking fountains, fixtures, signage, fencing, landscaping, whiteboards, furniture and equipment; renovating or replacing electrical, heating, cooling, ventilation, water, sewer, gas, irrigation, and drainage; acquiring energy efficient and renewable energy monitoring systems, fixtures, and equipment; constructing additional classrooms and replacing existing portable classrooms with modular or permanent classrooms; expanding parking areas; improving access for disabled students; installing fire alarm, fire protection, instructional medial and communication systems; acquiring fencing, gates, locks, security lighting, alarms, surveillance, and electronic marquees; and upgrading playgrounds, instructional areas, athletic fields and facilities, including playground equipment and fixtures. 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 ("Committee") under Education Code section 15278 et seq. no later than 60 days after the Board enters the election results in its minutes. The Committee will 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 maximum rate of interest on any bond shall not exceed the legal limit. 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 $30 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 2051-52. The estimated total debt service required to be repaid if all bonds are issued and sold is $95,661,874, 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.
Read less
— Mary C. Wickham, County Counsel
Orange County
Impartial Analysis
Lowell Joint School District
Measure LL
Approval of Measure LL ("Measure") would authorize the Board of Trustees ("Board") of the Lowell Joint School District ("District"), which placed the Measure on the ballot by Resolution 2018-19 No. 724, to issue general obligation bonds in an amount not to exceed $48,000,000.
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, upgrading classrooms, buildings, labs, restrooms, common areas/grounds, and school support facilities; repairing or replacing doors, windows, hardware, roofs, gutters, walls, ceiling, finishes, paint, siding, insulation, cabinets, storage, and flooring; upgrading lighting, sinks, drinking fountains, fixtures, sign.age, fencing, landscaping, whiteboards, furniture and equipment; renovating or replacing electrical, heating, cooling, ventilation, water, sewer, gas, irrigation, and drainage; acquiring energy efficient and renewable energy monitoring systems, fixtures, and equipment; constructing additional classrooms and replacing existing portable classrooms with modular or permanent classrooms; expanding parking areas; improving access for disabled students; installing fire alarm, fire protection, instructional medial and communication systems; acquiring fencing, gates, locks, security lighting, alarms, surveillance, and electronic marquees; and upgrading playgrounds, instructional areas, athletic fields and facilities,- including playground equipment and fixtures. 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 ("Committee") under Education Code section 15278 et seq. no later than 60 days after the Board enters the election results in its minutes. The Committee will 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 maximum rate of interest on any bond shall not exceed the legal limit. 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 $30 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 2051-52. The estimated total debt service required to be repaid if all bonds are issued and sold is $95,661,874, 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 LL to keep neighborhood schools on top by providing safe and up-to-date classrooms for all elementary and intermediate students in our community. While our students continue to excel, our schools are over 50 years old and require basic safety repairs and updates. Roofs leak, support beams have extensive termite damage and dry rot and old plumbing and electrical need updating.
Every penny from Measure LL will be dedicated to repairs and upgrades at El Portal Elementary, Jordan Elementary, Macy Elementary, Meadow Green Elementary, Olita Elementary and Rancho-Starbuck Intermediate schools.
We know we cannot rely on the state to fund these critical repairs and updates our schools need. That is why we need Measure LL. By law, all funds must stay here and cannot be taken away by the State. An independent citizens' oversight committee and mandatory annual audits will ensure that funds are spent as promised. No funds can go towards administrator/teacher salaries, benefits or pensions.
Measure LL will:
Measure LL is fiscally accountable:
We are fortunate to live in a community with outstanding neighborhood schools that prepare our students to achieve success in high school, college and future careers. Additionally, our excellent schools improve the quality of life in our community and protect the values of our homes. Please join parents, teachers, business and community leaders and vote Yes on LL.
JAN AVERILL
Former LJSD Board Trustee
JANE WILIAMS
La Habra Heights Council Member
HELYN "LYN" CARTY
LJSD Parent, Local Businesswoman
MARTIN TOURVILLE
LJSD Board Trustee, Banker
DAVID LITTLE
Certified Financial Planner
Orange County
Argument in Favor of Measure LL
Vote Yes on LL to keep neighborhood schools on top by providing safe and up-to-date classrooms for all elementary and intermediate students in our community. While our students continue to excel, our schools are over 50 years old and require basic safety repairs and updates. Roofs leak, support beams have extensive termite damage and dry rot and old plumbing and electrical need updating.
Every penny from Measure LL will be dedicated to repairs and upgrades at El Portal Elementary, Jordan Elementary, Macy Elementary, Meadow Green Elementary, Olita Elementary and Rancho-Starbuck Intermediate schools.
We know we cannot rely on the state to fund these critical repairs and updates our schools need. That is why we need Measure LL. By law, all funds must stay here and cannot be taken away by the State. An independent citizens' oversight committee and mandatory annual audits will ensure that funds are spent as promised. No funds can go towards administrator/teacher salaries, benefits or pensions.
Measure LL will:
Measure LL is fiscally accountable:
We are fortunate to live in a community with outstanding neighborhood schools that prepare our students to achieve success in high school, college and future careers. Additionally, our excellent schools improve the quality of life in our community and protect the values of our homes. Please join parents, teachers, business and community leaders and vote Yes on LL.
The undersigned proponents of the Direct Argument in favor of ballot measure LL at the General Election for the Lowell Joint School District to be held on November 6, 2018 hereby state that such argument is true and correct to the best of their knowledge and belief.
s/ Jan Averill
Former LJSD Board Trustee
s/ Jane Williams
La Habra Heights Council Member
s/ Helyn "Lyn" Carty
LJSD Parent, Local Businesswoman
s/ Martin Tourville
LJSD Board Trustee, Banker
s/ David Little
Certified Financial Planner
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Arguments AGAINST
NO ARGUMENT AGAINST THIS MEASURE WAS SUBMITTED
Orange County
No Argument Against Filed.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
EXHIBIT A
FULL TEXT OF BOND PROPOSITION
LOWELL JOINT SCHOOL DISTRICT
SAFE NEIGHBORHOOD SCHOOLS MEASURE
This proposition may be known and referred to as the "Lowell Joint School District Safe Neighborhood Schools Measure" or as "Measure _". [designation to be assigned by County Registrar of Voters]
BOND AUTHORIZATION
By approval of this proposition by at least 55% of the voters of the Lowell Joint School District (the "District") voting on the proposition, the District shall be authorized to issue and sell bonds of up to $48,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed under the heading entitled "BOND PROJECT LIST" below (the "Bond Project List"), and qualify to receive State of California matching grant funds, subject to all of the accountability safeguards specified below.
ACCOUNTABILITY SAFEGUARDS
The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the District may be assured that their money will be spent to address specific school facilities needs of the District, all in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Sections 15264 and following of the California Education Code (the "Education Code")).
Evaluation of Needs. The Board of Trustees of the District (the "Board") has prepared a facilities needs assessment plan in order to evaluate and address all of the facilities needs of the District at each campus and facility, and to determine which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.
Limitations on Use of Bonds. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.
Independent Citizens' Oversight Committee. The Board shall establish an independent citizens' oversight committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are expended only for the
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Annual Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for performance audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.
Annual Financial Audits. The Board shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial audits. The results of these. audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.
Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent of the District shall cause a report to be filed with the Board no later than January 1 of each year, commencing on the first January 1 after the sale of the first series of bonds, stating (a) the amount of bond proceeds received and expended in that year, and (b) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent of the District shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.
Joint-Use Projects. The District may enter into agreements with other public agencies or nonprofit organizations for joint use of school facilities financed with the proceeds of the bonds in accordance with Education Code Section 17077.42 (or any successor provision). The District may seek State grant
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Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100, and all the enumerated purposes shall constitute the specific single purpose of the bonds, and proceeds of the bonds shall be spent only for such purpose, pursuant to California Government Code Section 53410.
Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest shall be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature more than the statutory maximum number of years from the date borne by that bond.
ESTIMATED BALLOT INFORMATION
The District is required by law to include in the statement of the measure to be voted on estimates of the amount of money to be raised annually to repay the bonds and the rate and duration of the tax to be levied for the bonds. As of the time this proposition was placed on the ballot, the District estimated $3,000,000 would be raised annually for the repayment of the authorized bonds for approximately 33 years at a projected tax rate of 3 cents per $100 of assessed valuation. Attention of all voters is directed to the fact that such information is based upon the District's projections and estimates only, which are not binding upon the District. The amount of money to be raised annually and the rate and duration of the tax to be levied for the bonds 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.
BOND PROJECT LIST
The Bond Project List below lists the specific projects the District proposes to finance with proceeds of the bonds. The Bond Project List shall be considered a part of the bond proposition and shall be reproduced in any official document required to contain the full statement of the bond proposition. Listed projects will be completed as needed at a particular school or facility site according to Board-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. Any authorized repairs shall be capital expenditures. The Bond
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The specific projects authorized to be financed with proceeds of the bonds under this proposition are as follows:
SAFE NEIGHBORHOOD SCHOOLS PROJECTS
The following projects are authorized to be financed at the following sites:
Meadow Green El Portal Elementary Macy Elementary Elementary School School School Olita Elementary School Rancho-Starbuck Jordan Elementary Intermediate School School District Office Maintenance & Operations Site
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All or portions of these projects may be used as joint-use projects within the meaning of Section 17077.fl2(c) of the Education Code (or any successor provision).
MISCELLANEOUS
All listed bond projects include the following as needed:
GENERAL PROVISIONS
Severability. If any provision of this bond proposition, or part thereof, is for any reason held by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this bond proposition are severable.
Headings. The headings or titles of the sections of the bond proposition, including any headings or titles included in the bond project list, are solely for convenience of reference and shall not affect the meaning, construction or effect of the bond proposition.
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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
EXHIBIT B
TAX INFORMATION STATEMENT
An election will be held in the Lowell Joint School District (the "District") on November 6, 2018, to authorize the sale of up to $48,000,000 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 estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value, which could be more or less than the assessed value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above. Certain taxpayers may also be eligible to postpone payment of taxes. Property owners should consult their own property tax bills and tax advisors 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 average annual tax rate, the highest tax rate and the year or years in which they will apply, and the actual total debt service, may vary from those presently estimated due to variations in the timing of bond sales, the amount of bonds sold, 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, including the legal limitations on bonds approved by a 55% affirmative vote. 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.
Dated: _6/21_, 2018.
/s/
Superintendent, Lowell Joint School District
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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Agenda of June 11, 2018 (complete item)
Lowell Joint School District
11019 Valley Home Avenue
Whittier, CA 90603
REGULAR MEETING OF THE BOARD OF TRUSTEES
June 11, 2018 - 7:30 pm.
AGENDA
V. General - Jim Coombs
INFORMATION/
(RESOLUTION)
(FIRST READING)
A. Resolution 2017-18 No. 724 of the Board of Trustees of the Lowell Joint School District Ordering a School Bond Election, and Authorizing necessary actions in Connection therewith
Agenda of June 21, 2018 (complete item)
Lowell Joint School District
11019 Valley Home Avenue
Whittier, CA 90603
REGULAR MEETING OF THE BOARD OF TRUSTEES AMENDED 6/20/18
June 21, 2018 - 7:30 pm.
AGENDA
V. General - Jim Coombs
ACTION/
(RESOLUTION)
(SECOND READING)
A. Resolution 2017-18 No. 724 of the Board of Trustees of the Lowell Joint School District Ordering a School Bond Election, and Authorizing Necessary Actions in Connection Therewith
Meeting of the Board of Trustees
Minutes of June 21, 2018 (complete item)
LOWELL JOINT SCHOOL DISTRICT AMENDED 6/20/18
June 11, 2018
To: President Hinz and Members, Board of Trustees
From: Jim Coombs, Superintendent
ACTION/
(RESOLUTION)
Subject: Resolution 2018-19 No. 724 of the Board of Trustees of the Lowell Joint School District Ordering a School Bond Election and Authorizing Necessary Actions in Connection Therewith
The Board of Trustees (the "Board") of the District is authorized to order elections within the District and to designate the specifications thereof, pursuant to Sections 5304 and 5322 of the California Education Code (the "Education Code"). The Board is specifically authorized to order elections for the purpose of submitting to the electors the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes hereinafter specified, pursuant to Education Code Sections 15100 et seq.; and pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, and Section 15266 of the Education Code, school districts may seek approval of bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purposes hereinafter specified, provided certain accountability requirements are included in the proposition, including (a) that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIIIA, Section 1(b)(3) of the Constitution, and not for any other purpose, including teacher and administrator salaries and other school operating expenses, (b) that a list of the specific school facilities projects to be funded be included, which the school district board has certified that it has evaluated safety, class size reduction and information technology needs in developing, and (c) that performance and financial audits be required and there be oversight by an independent citizens' oversight committee to ensure that all funds are spent properly and as promised to the voters. The Board deems it necessary and advisable to submit such a bond proposition to the electors, which, if approved by 55% of the votes cast, would permit the District to issue its bonds; and Section 5303 of the Education Code provides that in an election to be conducted in a district situated in two or more counties, the county elections officials in the counties in which any part of the district territory is situated, shall, by mutual agreement, provide for the performance of the duties incident to the preparation for and holding of all district elections.
Such bond election would be conducted concurrent with a statewide primary election, general election or special election, or at a regularly scheduled local election at which all of the electors of the District are entitled to vote, as required by Section 15266 of the Education Code; and on November 6, 2018, a statewide general election is scheduled to be conducted throughout the District.
It is recommended that the Board approve and authorize this resolution placing a bond on the November 6, 2018 election for both Los Angeles County and Orange County.
Superintendent's Comment:
ADOPTION BY MAJORITY ROLL CALL VOTE.
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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
RESOLUTION NO. 724
RESOLUTION OF THE BOARD OF TRUSTEES OF THE
LOWELL JOINT SCHOOL DISTRICT ORDERING A SCHOOL
BOND ELECTION, AND AUTHORIZING NECESSARY
ACTIONS IN CONNECTION THEREWITH
______________________________
WHEREAS, the Lowell Joint School District (the "District"), located primarily in the County of Los Angeles ("Los Angeles County") and partially in the County of Orange ("Orange County" and together with Los Angeles County, the "Counties"), was established in 1906 and is committed to providing students with a well-balanced educational program that nurtures academic growth in a safe, modern environment; and
WHEREAS, the schools within the District empower students to achieve success and expand learning beyond the walls of the classroom; and
WHEREAS, the schools within the District were built more than 50 years ago and, until now, the District has not asked the community to invest in the repair and maintenance of the District's schools through approval of a bond proposition; and
WHEREAS, it is necessary to make essential repairs and upgrades to the District's schools, facilities and classroom technology in the beloved century-old District so that the District can serve our students and community well for decades to come; and
WHEREAS, the scope of improvements needed to the schools within the District includes, but is not limited to, repair leaky roofs, old rusty plumbing and failing electrical systems, replace wood and support beams that have extensive termite damage and dry rot, renovate classroom facilities so they meet current building and safety standards, remove hazardous materials like asbestos and lead paint from school sites, upgrade classrooms, school facilities and technology to support high-quality instruction in math, science, technology and the arts, improve student safety and campus security systems including security fencing, security cameras, emergency communications systems, smoke detectors and fire alarms, improve heating, ventilation, air conditioning, insulation and doors to increase energy efficiency, and improve access to school facilities for students with disabilities; and
WHEREAS, the Board of Trustees (the "Board") of the District is authorized to order elections within the District and to designate the specifications thereof, pursuant to Sections 5304 and 5322 of the California Education Code (the "Education Code"); and
WHEREAS, the Board is specifically authorized to order elections for the purpose of submitting to the electors the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes hereinafter specified, pursuant to Education Code Sections 15100 et seq; and
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WHEREAS, pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, and Section 15266 of the Education Code, school districts may seek approval of bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purposes hereinafter specified, provided certain accountability requirements are included in the proposition, including (a) that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIIIA, Section 1(b)(3) of the Constitution, and not for any other purpose, including teacher and administrator salaries and other school Operating expenses, (b) that a list of the specific school facilities projects to be funded be included, which the school district board has certified that it has evaluated safety, class size reduction and information technology needs in developing, and (c) that performance and financial audits be required and there be oversight by an independent citizens' oversight committee to ensure that all funds are spent properly and as promised to the voters; and
WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors, which, if approved by 55% of the votes cast, would permit the District to issue its bonds; and
WHEREAS, Section 5303 of the Education Code provides that in an election to be conducted in a district situated in two or more counties, the county elections officials in the counties in which any part of the district territory is situated, shall, by mutual agreement, provide for the performance of the duties incident to the preparation for and holding of all district elections; and
WHEREAS, the Board understands that the Registrar of Voters of Los Angeles County (the "Los Angeles County Registrar of Voters") shall bear primary responsibility for conducting the election; and
WHEREAS, the District desires to request that the Los Angeles County Registrar of Voters and the Registrar of Voters of Orange County (the "Orange County Registrar of Voters" and together with the Los Angeles County Registrar of Voters, the "Registrars of Voters") come to a mutual agreement for the performance of such election official duties in connection with the bond proposition to be submitted to the voters in compliance with Section 5303 of the Education Code; and
WHEREAS, such a bond election must be conducted concurrent with a statewide primary election, general election or special election, or at a regularly scheduled local election at which all of the electors of the District are entitled to vote, as required by Section 15266 of the Education Code; and
WHEREAS, on November 6, 2018, a statewide general election is scheduled to be conducted throughout the District; and
WHEREAS, subsection (c) of Section 15100 of the Education Code provides that, before the governing board of a school district may order an election pursuant to Education Code Sections 15100 et seq, it shall obtain reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the county assessor; and
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WHEREAS, although neither the Los Angeles County Assessor nor the Orange County Assessor make projections of assessed property valuations beyond next succeeding tax year, the Board has been presented with projections of assessed property valuations of the property within the boundaries of the District in connection with developing the bond proposition that take into consideration, among other things, the long-term historical average growth rates of assessed property valuations of the property within the boundaries of the District and the Board finds those projections to be reasonable and informed; and
WHEREAS, the Board has determined that, based upon such projections of assessed property valuation, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the maximum tax rate permitted by Section 15268 of the Education Code; and
WHEREAS, Section 9400 et seq. of the California Elections Code (the "Elections Code") requires that a tax information statement be contained in all official materials, including any voter information guide prepared, sponsored or distributed by the District, relating to the election; and
WHEREAS, the Board now desires to authorize the filing of a ballot argument in favor of the bond proposition to be submitted to the voters at the election; and
WHEREAS, if a project or projects to be funded by the bonds will require State of California matching grant funds for any phase, the sample ballot must contain a statement, in the form prescribed by law, advising the voters of that fact, and the Board finds that completion of no portion of the projects listed in the bond proposition set forth herein will require State matching grant funds for any phase thereof;
NOW, THEREFORE, be it resolved, determined and ordered by the Board of Trustees of the Lowell Joint School District as follows:
Section 1. Recitals. All of the above recitals are true and correct.
Section 2. Specifications of Election Order; Required Certification. Pursuant to Education Code Sections 5304, 5322, 15100 et seq, and 15266, and Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, a special election shall be held within the boundaries of the District on November 6, 2018, for the purpose of submitting to the registered voters of the District the bond proposition contained in Exhibit A attached hereto and incorporated herein. In accordance with Section 1 of Article XIIIA of the California Constitution, and as provided in the text of the bond proposition, the Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the bond project list set forth in the bond proposition.
Section 3. Conduct of Election.
"To repair and modernize aging classrooms/school facilities at local elementary/intermediate schools, repair termite damage, dry rot, deteriorating roofs, plumbing, and electrical, improve student safety/security, and upgrade classrooms, science labs, and facilities to support student achievement in math, science, technology, and arts, shall Lowell Joint School District issue $48,000,000 in bonds at legal rates, an estimated 3 cents per $100 assessed valuation ($3,000,000 annually) for approximately 33 years, with citizen oversight and all money locally controlled?
"The above statement is an impartial analysis of Measure _. If you desire a copy of the measure, please call the Los Angeles County Registrar of Voters/Orange County Registrar of Voters at (800) 815-2666/(714) 567-7600 or the Lowell Joint School District at (562) 943-0211, and a copy will be mailed at no cost to you. Measure _ is also available on the Internet at http://www.ljsd.org/."
"If Measure _ is approved, the Board of Trustees of the Lowell Joint School District will appoint a citizens" oversight committee and conduct annual independent audits to assure that bond funds are spent only on the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and/Or no other purposes.
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Section 4. Delivery of Order of Election to County Officers. The Clerk of the Board of the District is hereby directed to cause to be filed as soon as practicable, and in any event no later than August 10, 2018 (which date is not fewer than 88 days prior to the date set for the election), one copy of this Resolution to each of the Registrar of Voters, including the tax information statement attached hereto as Exhibit B, containing the information required by Elections Code Section 9400 et seq., completed and signed by the Superintendent of the District, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of each of the Counties.
Section 5. Ballot Arguments. The President of the Board, or any member or members of the Board as the President shall designate, are hereby authorized, but not directed, to prepare and file with each of the Registrar of Voters a ballot argument in favor of the bond proposition, within the time established by the Registrars of Voters, which shall be considered the official ballot argument of the Board as sponsor of the bond proposition.
Section 6. Further Authorization.
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"To repair and modernize aging classrooms/school facilities at local elementary/intermediate schools to meet current building/safety standards, repair termite damage, dry rot, deteriorating roofs, plumbing, and electrical, improve student safety/security systems, and upgrade classrooms, science labs, and facilities to support student achievement in math, science, technology, and arts, shall Lowell Joint School District issue $48,000,000 in bonds at legal interest rates, with independent citizen oversight, no money for administrator salaries, and all money staying local?and (ii) the section entitled "Estimated Ballot Information" contained in the full text of the bond proposition in Exhibit A attached hereto shall be deemed deleted therefrom in its entirety. To the extent such exemption or suspension becomes effective, the members of the Board, the Superintendent of the District, and all other officers of the District are hereby authorized and directed, individually and collectively, to coordinate and effectuate such replacement of the ballot statement contained in Section (3)(b) and modification to the full text of the bond proposition contained in Exhibit A attached hereto with the Registrars of Voters.
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Section 7. Effective Date. This Resolution shall take effect upon its adoption by a two-thirds vote.
PASSED AND ADOPTED this day, June 21, 2018, by the following vote:
AYES: William Hinz, Fred Schambeck, Anastasia Shackelford, Martin Tourville
NOES: None
ABSTAIN. None
ABSENT: None APPROVED: 4-0
/s/William A. Hinz
President of the Board of Trustees of the Lowell
Joint School District
Attest:
/s/Anastasia Shackelford
Clerk of the Board of Trustees of the
Lowell Joint School District
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CLERK'S CERTIFICATE
I, _A Shackelford_, Clerk of the Board of Trustees of the Lowell Joint School District, Counties of Los Angeles and Orange, California, hereby certify as follows:
The attached is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Trustees of the District duly and regularly held at the regular meeting place thereof on June 21, 2018, and entered in the minutes thereof, of which meeting all of the members of the Board of Trustees had due notice and at which a quorum thereof was present. The resolution was adopted by the following vote:
AYES: William A. Hinz, Fred Schambeck, Anastasia Shackelford, Martin Tourville
NOES: None
ABSENT: None
An agenda of the meeting was posted at least 72 hours beforehand at 11019 Valley Home Avenue, Whittier, California, a location freely accessible to members of the public, and a brief description of the adopted resolution appeared on the agenda. A copy of the agenda is attached hereto. The resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect.
WITNESS my hand this _21_ day _June_, 2018.
/s/Anastasia Shackelford
Clerk of the Board of Trustees
Lowell Joint School District
4147-2425-4995.5
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