Beverly Hills Unified Schools: Vote Yes on Measure BH Bonds - Los Angeles County - 2018 primary 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 BH Campaign

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.

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

Measure BH Question

A-1
DOCSSF/129920v8/022000-0001

EXHIBIT A

"To improve aging Beverly Hills schools, upgrade/replace inefficient heating, cooling/electrical systems, classrooms, libraries/science labs, deteriorating restrooms/, provide modern classroom technology/science equipment, shall this Beverly Hills Unified School District measure be adopted to upgrade, construct/acquire classrooms, facilities, sites/equipment, and issue $385,000,000 of bonds at legal rates, levy on average , $23,700,000 annually for school repairs while bonds are outstanding, require , annual audits/all funds for Beverly Hills schools?"

Bonds – Yes Bonds – No

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Impartial Analysis for Measure BH

IMPARTIAL ANALYSIS OF MEASURE BH

By Mary C. Wickham, County Counsel

Approval of Measure BH ("Measure") would authorize the Beverly Hills Unified School District ("District"), to issue general obligation bonds in an amount not to exceed $385,000,000. The Measure was placed on the ballot by the Board of Education ("Board") of the District by Resolution No. 2017-2018-022.

Proceeds from the sale of the bonds authorized by the Measure shall be used only for the purposes specified in the Measure, including, but not limited to, repairing/replacing old floors, walls, restrooms, windows, roofs, classrooms, plumbing and electrical systems; modernizing science labs, buildings, facilities, classrooms and science equipment; installing energy efficient systems; replacing heating/ventilation, air conditioning, air filtration, and lighting systems; improving building safety for earthquakes and fires; enhancing security systems; upgrading schools for improved accessibility for disabled persons; removing hazardous materials, including oil well remediation and site repurposing; upgrading outdated electrical systems to enhance modern computer technology, data, and communication; and upgrading and expanding wireless systems, telecommunications, Internet and network connections, including purchasing computers, hardware, equipment, and modern learning technology for classrooms. Bond proceeds may not be expended on teacher and administrator salaries and 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 projects identified in the Measure. The Board shall appoint an independent Citizens' Oversight Committee ("Committee") in compliance with Education Code section 15278 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 District shall create an account into which proceeds of the bond shall be deposited and shall comply with the reporting requirements of Government Code section 53410.

The bonds shall not exceed the maximum interest rate or maturity as allowed by law. The tax levy authorized to secure the bonds shall not exceed the Proposition 39 limits per $100,000 of taxable property in the District when assessed valuation is projected by the District to increase.

According to the District's Tax Rate Statement, the best estimate of the highest tax rate required to fund the bond issue, which is estimated to be the same in every fiscal year, is $44.00 per $100,000, based on a projection of assessed valuation available when the District filed its Tax Rate Statement.

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

M00005471E-7
LA 106-039

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Argument in Favor of Measure BH

ARGUMENT IN FAVOR OF MEASURE BH

MEASURE BH MAKES PROTECTING STUDENTS A TOP PRIORITY

MEASURE BH WILL:

  • -Enhance safety and security at all five school sites to include earthquake/seismic retrofitting, lighting, fencing, windows, locks, cameras, fire and life safety systems, alarms and sprinkler systems.
  • -Beverly Hills High School: modernization of K.L. Peters auditorium, Salter Theater, choir, music room and classroom buildings. New gymnasium and athletic facility, outdoor aquatic center, football/soccer field, lacrosse, baseball and softball fields, and oil well site remediation.
  • -El Rodeo School: modernization of classrooms, library, technology labs, sports fields, play courts and new parking structure.
  • -Horace Mann School: chiller replacement and Building A roofing.
  • -Hawthorne School: modernization of auditorium.
  • -Beverly Vista School: student drop-off and site improvements.
  • -Equip classrooms with educational technology, secure online access, computer and science labs to support quality learning.
  • -Maintain flexibility for future reconfiguration of our schools.
  • -Upgrade all schools to improve ADA accessibility.
  • MEASURE BH IS A FISCALLY RESPONSIBLE APPROACH

    Measure BH utilizes fiscally conservative financing and tough taxpayer accountability directed to specific construction projects at all five BHUSD schools. No funds are allowed for administrator and teacher salaries, pensions or legal expenses related to Metro litigation. Independent Citizens' Oversight, mandatory audits and public reports will ensure funds are spent only on projects itemized in the ballot measure.

    OUR KIDS CAN'T WAIT ANY LONGER

    Whether or not you have school-age children, safeguarding our students and the local quality of public education is a smart investment. Exceptional public schools protect our property values and keep our community strong.

    (Continued on next page)
    M00005471E-8
    LA 106-040
    ARGUMENT IN FAVOR OF MEASURE BH (Continued)

    Please join us and Vote YES on MEASURE BH

    LISA KORBATOV
    President, Board of Education

    NOAH MARGO
    Vice President, Board of Education

    MEL SPITZ
    Member, Board of Education

    HOWARD GOLDSTEIN
    Member, Board of Education

    ISABEL HACKER
    Member, Board of Education

    M00005471E-9
    LA 106-041

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

    Rebuttal to Argument in Favor of Measure BH

    REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE BH

    Just tired, old cliches.

    Back in March, did you know Beverly Hills Unified had ordered an election for a huge, new, $770,000,000 tax on your home? Do you feel compelled to reward reckless spending and poor management? If not for us, you wouldn't get the whole story.

    NO ADMINISTRATOR SALARIES?

    Constitution says no salaries. Statutes say no salaries. Resolution, measure, and argument say no salaries. Guess what lawyers snuck in? Hint: "cost of District staff." Salaries will be paid. You can take that to the bank.

    FACTS

    How did District get to $385,000,000? It's maximum it can tax in one measure.

    Six schools. $64,000,000 each.

    Remember Measure Y ($260,000,000) (2016)? You voted it down. Election cost you over $100K.

    Measure BH is a contract. Have you read the fine print? Besides District salaries, what else does it pay for? -- "staff training," "painting," "refinancing … lease," "advances made by … City of Beverly Hills", and on and on.

    Are schools REALLY falling apart? Have you ever read School Accountability Report Cards? (sarconline.org) All school facilities are rated "good." Not a "leaky roof" in the lot. Who's being deceptive and dishonest here?

    District's spent $425,581,822, $261,951,593 since 2013. Why are you buying Measure E promises again?

    BOTTOM LINE

    Can you trust District? Have you seen enough to convince you that, when you're not looking, District is willing to breach law, its promises, and its trust?

    Would you really agree to a written contract where promises weren't explicitly and unambiguously written into it?

    You're being deceived! Don't sign a blank check. Vote NO! Learn more: http://bit.ly/NoBHUSDBond

    TIM FERREIRA

    Libertarian Party of Los Angeles County: Vice-Chair

    M00005471E-10
    LA 106-042

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    Argument Against Measure BH

    ARGUMENT AGAINST MEASURE BH

    Are you parents? Do you hold your children accountable?

    Supporting our schools is good. Wasting your money on vague, unenforceable promises is bad.

    Don't be deceived by District's campaign, funded by businesses that will likely benefit from bond money. (Isn't that called pay-to-play?) Beware of high-priced marketers masquerading as "parents, teachers, and community leaders."

    Why Vote No on Measure BH?

    - It's virtually, word-for-word, identical to every other bond measure written by lawyers and advisors who made $4,752,643 (payable by you, with interest) from facilities bonds issued since 2001.

    - Did you hear about a list of projects? Why isn't there a list of SPECIFIC projects in Measure BH? Because it would restrict the District to spend the money ONLY on those things?

    - Can you trust District? Why did it violate oversight laws over many years for Measure E (2008) $334,000,000? Measure K (2002) $90,000,000?

    - Did you know that District issued $261,951,593 in facilities bonds since 2013? $425,581,822 since 2002? Where has all that money gone?

    - Did you know District issued CABs (capital appreciation bonds, like those in Poway Unified scandal) 6 times? One at a whopping 11.4% interest rate.

    Proposition 39 permits a bare majority of voters (55%) to approve these bonds. "To ensure that BEFORE they vote, voters will be given a list of specific projects their bond money will be used for," it requires that Measure BH be a "list of the specific school facilities projects to be funded." (Source: Proposition 39 ballot measure.)

    Measure BH's intentionally vague language gives District a BLANK CHECK with NO ACCOUNTABILITY.

    Don't vote to waste your taxes on vague promises. Did District keep its promises from Measure E (2008)? Measure K (2002)? It spent $425,581,822 and still has "leaky roofs?"

    Bond money is like drugs. Don't give District another fix. Just say NO!

    Want more evidence of District's deception? http://bit.ly/NoBHUSDBond

    TIM FERREIRA

    Libertarian Party of Los Angeles County: Vice-Chair

    M00005471E-11
    LA 106-043

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    Rebuttal to Argument Against Measure BH

    REBUTTAL TO ARGUMENT AGAINST MEASURE BH

    The lone author of the argument against Measure BH, Tim Ferreira, resides outside of Beverly Hills. Mr. Ferreira is the 2018 Libertarian candidate for lieutenant governor and is pushing his party's agenda by filing ballot oppositions up and down the state against all school construction bond measures.

    Mr. Ferreira erroneously states that the measure is funded by businesses and high-priced marketers. The fact is that the BHUSD Board of Education voted unanimously to place Measure BH on the ballot to make critical security upgrades to protect our students and staff from armed threats.

    Measure BH contains a well-defined list of specific facility projects to be funded at all 5 schools that are clearly stated in the voter pamphlet. There is no dispute that our schools are outdated and need critical improvements to meet fire, life and safety standards.

    BHUSD has an AAA credit rating from Moody's Investors Service and AA+ from Standards & Poor. In 2016 the district refinanced a portion of its Measure E bonds. The 2016 Refunding Bonds replaced higher interest Capital Appreciation Bonds (CABs) with lower interest rate bonds of 3.49% that saved the taxpayers of Beverly Hills over $6 million dollars.

    Finally, the most recent annual Measure E Bond Performance Audit concluded that the Board is in compliance with bond oversight laws. In fact, the independent auditing firm of Moss-Adams found that "Measure E bond proceeds were used only for Listed Projects."

    Protect our Children: Vote YES on BH

    LISA KORBATOV
    President, Board of Education

    NOAH MARGO
    Vice President, Board of Education

    MEL SPITZ
    Member, Board of Education

    HOWARD GOLDSTEIN
    Member, Board of Education

    M00005471E-12
    LA 106-044

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    Full Text of Measure BH

    B-1
    DOCSSF/129920v8/022000-0001

    EXHIBIT B

    FULL TEXT BALLOT PROPOSITION
    OF THE BEVERLY HILLS UNIFIED SCHOOL DISTRICT
    BOND MEASURE ELECTION JUNE 5, 2018

    The following is the full proposition presented to the voters by the Beverly Hills Unified School District.

    "To improve aging Beverly Hills schools, upgrade/replace inefficient heating, cooling/electrical systems, classrooms, libraries/science labs, deteriorating restrooms/leaky roofs, provide modern classroom technology/science equipment, shall this Beverly Hills Unified School District measure be adopted to upgrade, construct/acquire classrooms, facilities, sites/equipment, and issue $385,000,000 of bonds at legal rates, levy on average 4.4 cents/$100 assessed value, $23,700,000 annually for school repairs while bonds are outstanding, require taxpayer oversight, annual audits/ all funds for Beverly Hills schools?"

    PROJECT LIST

    The Board of Education of the Beverly Hills Unified School District is committed to improving the quality of education by providing students and teachers with safe and secure facilities with up-to-date technology infrastructure needed to prepare students for 21st Century academic standards and jobs. To that end, the Board evaluated the District's urgent and critical facility needs, including safety issues, class size reduction, and computer and information technology, to develop the scope of projects to be funded. The District conducted a facilities evaluation reflected in its Facilities Master Plan, presented to the Board on February 22, 2018 and , and received public input in developing this Project List. Teachers, staff, community members and the Board have prioritized the key health and safety needs so that the most critical facility needs are addressed. The Board concluded that if these needs are not addressed now, the problems will only become more pressing and expensive to address. Therefore, in approving this Project List, the Board of Education determines that the District MUST:

    1. (i) Improve earthquake and fire safety of all school buildings.
    2. (ii) Repair or replace old, leaky roofs, and inadequate electrical systems.
    3. (iii) Prohibit bond money from being used for ;
    4. (iv) Adhere to specific fiscal accountability safeguards such as:
      1. (a) Prohibit the State from taking any of the funds raised.
      2. (b) All expenditures will be subject to ANNUAL INDEPENDENT FINANCIAL AUDITS.
      3. (c) No funds will be used for administrators' salaries and/or pensions.
      4. (d) All funds will stay in the District and be subject to local control.
      5. (e) AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE WILL BE APPOINTED TO ENSURE THAT ALL FUNDS ARE SPENT ONLY AS AUTHORIZED.

    B-2
    DOCSSF/129920v8/022000-0001

    The Project List includes all of the following :

    Local School Repair and Upgrade Projects

    Goal and Purpose: To provide local funds which cannot be taken away by the State so that the District can , local schools will benefit from projects including:

    • ? Repair or replace old, worn-out school floors and walls, restrooms, windows, and leaky roofs.
    • ? Replace and repair aging school plumbing systems and restrooms.
    • ? Repair, modernize, construct and acquire classrooms, replacing out-of-date science labs, facilities, equipment with up-to-date classrooms and science equipment.
    • ? Add electrical service capacity to relieve overloaded electrical systems so that it can handle modern instructional technology.
    • ? and protect the quality of instruction in core subjects like reading, math, science and technology.
    • ? Replace older heating, ventilation, air conditioning and lighting systems with building code compliant, for educational uses.

    School Safety, Security and Health Wellness Projects

    Goal and Purpose: Since good, safe and up-to-date schools help protect and improve local property values and, improve the quality of teaching especially in the areas of science, technology, arts and music, local schools and District sites will benefit from a variety of health and safety projects, such as:

    Student Safety and Security

    • ? Improve the earthquake safety of school buildings.
    • ? Upgrade fire safety systems of older buildings including fire alarm equipment and sprinklers to make students safe in the event of an emergency.
    • ? Improve lighting, fencing, windows, locks and other security systems to ensure safe school environments.
    • ? Upgrade schools to improve accessibility by disabled students and teachers.

    Student Health

    • ? Remove hazardous materials like , lead, fungus or mold from older school sites.
    • ? Upgrade heating, air conditioning and air filtration to ensure healthy learning environments.
    • ? Beverly Hills High School oil well remediation and site repurposing, as required by State and local legal requirements.

    B-3
    DOCSSF/129920v8/022000-0001

    District-Wide Instructional Technology and Infrastructure Projects
    To Standardize Learning Spaces for 21st Century Skills

    Goal and Purpose: Since many classrooms are so old that they cannot support modern technology infrastructure, school electrical systems need to be upgraded so that Beverly Hills schools can offer 21st Century learning technology and computer science to students:

    • ? Upgrade and purchase computers and modern learning technology for the classroom for improved student performance.
    • ? Provide up-to-date technology, data and communication equipment.
    • ? Upgrade and expand wireless systems, telecommunications, Internet and network connections.
    • ? Upgrade and replace computers, hardware systems, classroom and library technology and teaching equipment to enhance instruction.
    • ? Upgrade and repair aging school electrical systems so that schools can have modern computers and learning technology.

    School Site Projects

    The following are projects expected to be completed at the school sites mentioned:

    Beverly Hills High School

    Modernization and/or replace Buildings B3, B4, C, aquatic center, site improvements, sports fields, parking project, and maintenance and operations offices.

    El Rodeo School

    Modernization and/or replace Buildings E, new parking structure/play courts, sports fields, and site improvements.

    Horace Mann School

    Chiller replacement and Building A roof.

    Hawthorne School

    Auditorium modernization

    Beverly Vista School

    ADA drop-off and miscellaneous site improvements

    * * *

    The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program management, and a customary contingency, and escalation for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the payment of the , facility assessment reviews, B-4
    DOCSSF/129920v8/022000-0001
    environmental studies, construction documentation, inspection and permit fees, and temporary housing of dislocated District activities caused by bond projects. The repair of school facilities includes: the modernization of classrooms, including cabinetry, duct work, wiring, electrical systems, upgrading/replacing surface and below ground school site parking, campus accessibility, drop-off areas, roadways, entrances and exits, utilities, including the installation of alternative energy systems such as, but not limited to, ; upgrade irrigation systems, grounds, playground equipment, hard court surfaces, cracked concrete, asphalt and brick surfaces, shade structures for student assembly and protecting students from inclement weather during lunch, libraries, and District support facilities; installing enhanced signage and fire sensors; improving restrooms and drinking fountains; upgrading heating, ventilation and air conditioning systems, athletic facilities, gyms, pools and play fields for safety and operational efficiency; renovating and painting interior and exterior building surfaces to extend their useful life; installing security, safety and communication systems and equipment; replacing portable classrooms and renovating auditoriums; upgrading ceilings, lighting, window and floor coverings (including tiles and carpeting) and kitchen equipment. The Project List also includes the , the reimbursement of advances made by the District or City of Beverly Hills for oil well remediation, or for bridge loans taken to initiate voter approved projects; the financing/refinancing of real property acquisition and improvements; and acquiring land, making site improvements, building infrastructure and/or constructing additional facilities thereon, for the purpose of expanding instructional programs to meet future educational demands. The budget for each project is an estimate and may be affected by factors beyond the District's control. Some projects throughout the District may be undertaken as projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans are finalized, construction bids are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating enhanced and operationally efficient campuses. Necessary site preparation/restoration and landscaping, may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, redirecting fire access, and acquiring any necessary easements, licenses, or rights of way to the property.

    Bond proceeds shall be expended only for the specific purposes identified herein. Proceeds of the bonds may be used to when performing work on or to the bond projects. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.

    FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE BOARD OF EDUCATION WILL APPOINT A CITIZENS' OVERSIGHT COMMITTEE AND CONDUCT ANNUAL INDEPENDENT AUDITS TO ASSURE THAT FUNDS ARE SPENT ONLY ON DISTRICT PROJECTS AND FOR NO OTHER PURPOSE. THE EXPENDITURE OF BOND MONEY ON THESE PROJECTS IS SUBJECT TO STRINGENT FINANCIAL ACCOUNTABILITY REQUIREMENTS. BY LAW, PERFORMANCE AND FINANCIAL AUDITS WILL BE PERFORMED ANNUALLY, AND ALL BOND EXPENDITURES WILL BE MONITORED BY AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO ENSURE THAT FUNDS ARE SPENT AS PROMISED AND SPECIFIED. THE CITIZENS' OVERSIGHT COMMITTEE MUST INCLUDE, AMONG OTHERS, REPRESENTATION OF A BONA FIDE TAXPAYERS ASSOCIATION, A BUSINESS B-5
    DOCSSF/129920v8/022000-0001
    ORGANIZATION AND A SENIOR CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS' OVERSIGHT COMMITTEE.

    No Administrator Salaries: Proceeds from the sale of the bonds authorized by this proposition shall be used only for the acquisition, construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, and not for any other purpose, including teacher and and other operating expenses.

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    Measure BH Tax Rate Statement

    TAX RATE STATEMENT - MEASURE BH

    An election will be held in the Beverly Hills Unified School District (the "District") on June 5, 2018 to authorize the sale of $385,000,000 in general obligation bonds. If such bonds are authorized and sold, principal and interest on the bonds will be payable only from the proceeds of tax levies made on the taxable property in the District. These estimates are based on projections derived from information obtained from official sources and other demonstrable factors. The actual tax rates and the years in which they will apply may vary depending on the timing of bond sales, the amount of bonds sold at each sale, and actual increases in assessed valuations. The following information is submitted in compliance with Sections 9400-9404 of the California Elections Code.

    1. i. The best estimate of the average annual tax rate that would be required to fund this bond issue over the entire duration of bond debt service, based on estimated assessed valuations available at the time of filing of this statement, is $0.044 per $100 ($44.00 per $100,000) of assessed valuation.
    2. ii. The best estimate of the final fiscal year in which the tax required to fund this bond issue is anticipated to be collected is fiscal year 2040-41.
    3. iii. The best estimate of the highest tax rate that would be required to fund this bond issue, based on estimated assessed valuations available at the time of filing this statement, is $0.044 per $100 ($44.00 per $100,000) of assessed valuation, which is projected to be the same in every fiscal year the bonds remain outstanding.
    4. iv. The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold will be approximately $546 million.

    Based upon the foregoing and projections of the District's assessed valuation, the timing of the bond sales and the amount of bonds sold at any given time will be determined by the needs of the District and other factors. Actual assessed valuations will depend upon the amount and value of taxable property within the District as determined by the Sutter County Assessor in the assessment and the equalization process.

    Voters should note that the estimated tax rates are based on the ASSESSED VALUE of taxable property in the District as shown on the County's official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions.

    Dated: March 9, 2018.

    DR. MICHAEL BREGY
    Superintendent
    Beverly Hills Unified School District

    M00005471E-13

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    Measure BH Agenda Description

    Agenda of February 27, 2018 (complete item)

    Regular Board of Education Meeting
    Beverly Hills USD
    February 27, 2018 5:00PM

    XIII. BUSINESS AND FINANCE
    XIII.A. APPROVAL OF RESOLUTION NO. 2017-2018-022 RESOLUTION OF THE BOARD OF EDUCATION OF BEVERLY HILLS UNIFIED SCHOOL DISTRICT ORDERING AN ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER
    Rationale:

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

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

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

     
    Attachments:
    Resolution No. 2017-2018-022 Revised 2.27.18

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    Measure BH Resolution

    DOCSSF/129920v8/022000-0001

    RESOLUTION NO. 2017-2018-022

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

    WHEREAS, the Board of Education (the "Board") of the Beverly Hills Unified School District (the "District") is committed to improve the quality of education in Beverly Hills public schools by providing highly effective, high performing and safe learning environments, and by upgrading aging schools, classrooms, science labs and computer systems to keep pace with learning technology; and

    WHEREAS, the Board acknowledges that for our students to be prepared for college and career choices they must be skilled in the use of 21st Century technologies; and

    WHEREAS, many of the District's old classrooms have inadequate electrical capacity and out-of-date science lab equipment which cannot adequately integrate modern classroom learning technology; and

    WHEREAS, the Board desires that all of the District's campuses and classrooms be safe, secure, and free of unhealthy asbestos, and upgraded to current earthquake safety codes; and

    WHEREAS, the State of California (the "State") is unable to provide the District with enough money for the District to adequately update its educational facilities; and

    WHEREAS, the Board believes it is in the best interest of the District to address facility improvements now before they become more pressing and more costly; and

    WHEREAS, to improve and standardize our learning environments, the District must secure securing local funding that the State cannot take away; and

    WHEREAS, the Board has received information regarding the feasibility of a local bond measure and the District's bonding capacity; and

    WHEREAS, a local measure will help provide funds that cannot be taken away by the State to upgrade aging schools, protect student health and safety, and improve the quality of education; and

    WHEREAS, such measure will include mandatory taxpayer protections, including an independent citizens' oversight committee and mandatory audits to ensure funds are spent as promised; and

    WHEREAS, the Board and District has solicited stakeholder and community input on school priorities from parents, teachers, staff and the community; and

    WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") which reduced the voter threshold for ad valorem tax levies used to pay for debt service on bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and

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    WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Section 15264) of the Education Code (the "Act") became operative and established requirements associated with the implementation of Proposition 39; and

    WHEREAS, the Board desires to make certain findings herein to be applicable to this election order and to establish certain performance audits, standards of financial accountability and citizen oversight that are contained in Proposition 39 and the Act; and

    WHEREAS, the Board hereby determines that, in accordance with of the Attorney General of the State of California, the restrictions in Proposition 39 which prohibit any bond money from being wasted or used for or other operating expenses of the District shall be monitored strictly by the District's Citizens' Oversight Committee; and

    WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the Proposition 39 limits per year per $100,000 of assessed valuation of taxable property; and

    WHEREAS, Section 9400 et seq. of the Elections Code of the State of California (the "Elections Code") requires that a tax rate statement be contained in all official materials relating to the election, including any ballot pamphlet prepared, sponsored, or distributed by the District; and

    WHEREAS, the Board desires to authorize the filing of a tax rate statement and ballot argument in favor of the proposition to be submitted to the voters at the election; and

    WHEREAS, pursuant to the California Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, June 5, 2018, and to request the Los Angeles County Registrar of Voters to call an election on the District's behalf and perform certain election services for the District in connection therewith;

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

    Section 1. That the Board, pursuant to Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506, hereby requests the Los Angeles County Registrar of Voters to conduct an election under the provisions of Proposition 39 and the Act and submit to the electors of the District the question of whether bonds of the District in the aggregate principal amount of $385,000,000 (the "Bonds") shall be issued and sold for the purpose of raising money for the projects described in Exhibits "A" and "B" hereto. Both exhibits are directed to be printed in the voter pamphlet. The District's Superintendent, or designee, is hereby authorized and directed to make any changes to the text of the measure, or to the abbreviated form of the measure, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of elections officials, and requirements of law.

    Section 2. That the date of the election shall be June 5, 2018.

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    Section 3. That the purpose of the election shall be for the voters in the District to vote on a proposition, a copy of which is attached hereto and marked Exhibit "A," incorporated by reference herein, and containing the question of whether the District shall issue the Bonds to pay for improvements to the extent permitted by such proposition. In compliance with Proposition 39 and the Act, the ballot propositions in Exhibits "A" and "B" are subject to the following requirements and determinations:

    1. (a) the proceeds of the sale of the Bonds shall be used only for the purposes set forth in the ballot measure and not for any other purpose, including teacher or administrator salaries or other school operating expenses;
    2. (b) that the Board, in establishing the projects set forth in Exhibit "B," evaluated the safety, class size reduction, computer and information technology needs of the District as well as the importance of the projects to student achievement and high quality instruction;
    3. (c) that the Board shall cause an annual, independent performance audit to be conducted to ensure that the Bond monies get spent only for the projects identified in Exhibit "B" hereto;
    4. (d) that the Board shall cause an annual, independent financial audit of the proceeds from the sale of Bonds to be conducted until all of the Bond proceeds have been expended;
    5. (e) that the Board shall appoint a Citizens' Oversight Committee in compliance with Education Code Section 15278 no later than 60 days after the Board enters the election results in its minutes pursuant to Education Code Section 15274; and
    6. (f) that the tax levy authorized to secure the Bonds of this election shall not exceed the Proposition 39 limits per $100,000 of taxable property in the District when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.

    Section 4. That the authority for ordering the election is contained in Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506.

    Section 5. That the authority for the specifications of this election order is contained in Sections 5322 of the Education Code.

    Section 6. That the Los Angeles County Registrar of Voters and the Los Angeles County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 5, 2018 within the District. Pursuant to Elections Code Section 10403 the Board acknowledges that the consolidation election will be held and conducted in the manner described in Elections Code Section 10418.

    Section 7. That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to the Los Angeles County Registrar of Voters no later than March 9, 2018.

    Section 8. That any Bonds issued pursuant to Section 15264 et seq. of the Education Code or Section 53506 of the Government Code. The maximum rate of interest on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531.

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    Section 9. That the Board requests the governing body of any such other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such election and to further provide that the canvass of the returns of the election be made by any body or official authorized by law to canvass such returns, and that the Board consents to such consolidation. The Board further authorizes the submission of a tax rate statement and primary and rebuttal arguments, as appropriate, to be filed with the Los Angeles County Registrar of Voters by the established deadlines.

    Section 10. Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of Los Angeles County is requested to permit the Registrar of Voters to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the District agrees to reimburse Los Angeles County, such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Section 9401 of the Elections Code) pursuant to the terms of Section 5363 of the Education Code and Section 12112 of the Elections Code.

    ADOPTED, SIGNED AND APPROVED this 27th day of February, 2018.

    BOARD OF EDUCATION OF THE BEVERLY
    HILLS UNIFIED SCHOOL DISTRICT

    By
    President

    Attest:

    Secretary

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    STATE OF CALIFORNIA )
    )ss
    LOS ANGELES COUNTY )

    I, __________________, do hereby certify that the foregoing is a true and correct copy of Resolution No. _________, which was duly adopted by the Board of Education of the Beverly Hills Unified School District at the meeting thereof held on the 27th day of February, 2018, and that it was so adopted by the following vote:

    AYES:

    NOES:

    ABSENT:

    ABSTENTIONS:

    By
    Secretary

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