Hueneme Elementary Schools: Vote Yes on Measure B Bonds - Ventura County - 2018 primary Election
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  Welcome    Question    Argument in Favor    Rebuttal in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure B 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    Argument in Favor    Rebuttal in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure B Question

C-1

EXHIBIT "C"

HUENEME ELEMENTARY SCHOOL DISTRICT

Ballot Measure Statement

"To improve the quality of education; upgrade, modernize, and construct classrooms, restrooms and school facilities; ; renovate plumbing, sewer, and build new classrooms; shall the Hueneme Elementary School District issue $34,200,000 of bonds at legal interest rates, raising between $1,300,000 and $3,300,000 annually at a rate of approximately $0.03 per $100 assessed value, with annual audits, an , , and funding that cannot be taken by the State?"

Bonds - Yes Bonds No

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

Argument in Favor of Measure B

Our students need your YES vote on Measure B! Our schools are the most important assets in our community and should be a top priority. Quality schools result in higher achieving students, increased property values, and greater neighborhood safety. Many classrooms and school facilities in the Hueneme Elementary School District are old and inadequate to provide students with the school facilities they need to succeed.

Although our schools have been well maintained over the years with major construction and renovation projects, our work is not done. Today, the . Hueneme Elementary, the District's oldest, was . Measure B would allow the District to continue our investment in our classrooms and improve the quality of education provided to local children. By investing in our schools, we can meet today's safety, technological, and educational standards and get the best return - well educated students.

If passed, Measure B would provide funding to make critical facility improvements in our classrooms at local schools including:

- Repairing or replacing
- Renovating or replacing deteriorating plumbing and sewer systems
- Upgrading inadequate electrical systems
- Making health, safety, security and handicapped accessibility improvements
- Upgrading technology infrastructure to improve student access to computers

Measure B makes financial sense and protects taxpayers.

- All funds must be spent locally and cannot be taken by the state.
- By law, spending must be reviewed and .
- Funds can only be spent to improve our local schools, .

Measure B upgrades and renovates old and inadequate classrooms, , and maintains the quality of our community. That's something we can all support. Please join us and VOTE YES ON MEASURE B!

Replace bullets with hyphens. /i/

Dr. Charles Weis
Governing Board Clerk, Hueneme ESD/Former Ventura County Superintendent of Schools 02/26/18

Jessica Lamb
Business Owner 02/28/18

Andres Martinez
Firefighter/Parent 02/26/18

Vianey Lopez
Governing Board Member, Hueneme Elementary School District 02/26/18

Tom Figg
Business Owner, Former Mayor and Current Councilmember 02/28/18

Contact Person: Scott Swenson Phone: 805-488-3588, x9100 Fax: 805-986-8755 Mailing Address: 205 N. Ventura Road, Port Hueneme, CA 93041 E-Mail: sswenson@hueneme.org

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

Rebuttal to Argument in Favor of Measure B

Did you know that lawyers and advisors write bond arguments all over California? Just tired, old cliches.

You've read the spin. Here's the rest of the story.


NO ADMINISTRATOR SALARIES?

Is that promised?

Constitution says no salaries. Statutes say no salaries. Question, measure, and argument say no salaries. Guess what lawyers snuck in? Hint: Read boilerplate paragraphs. Salaries will be paid. You can take that to the bank.


FACTS

How did District get to $34,200,000? It's maximum it can tax in one measure.

Measure B is a contract. Have you read the fine print? Besides District salaries, what else does it pay for? -- "endowment fund," "legal costs,", "prepayment of lease obligations," "informational distribution costs" (campaign mailers?), "election costs," and on and on.

Are our schools REALLY falling apart? Have you ever read School Accountability Report Cards? (sarconline.org) 8 of our school facilities are rated "exemplary," 3 good. Not a "leaky roof" in the lot. Who's being deceptive and dishonest here?

Should you believe SARCs required by law? Or Districts's fantasies (Measure B) written to sell you a bill of goods?

District's spent $15,600,000 since 2015 from Measure T. Why are you buying Measure T 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/NoHESDBond


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

Argument Against Measure B

Are you parents? Do you hold your children accountable?

Supporting schools is good. Supporting 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 B

- It's virtually, word-for-word, identical to every other bond measure written by lawyers and advisors who made $1,142,847 (payable by you, with interest) from facilities bonds issued since 2005.

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

- Can you trust District? Why did it skirt oversight laws for Measure T (2012) ($19,600,000)?

- Were you surveyed? Did you get a campaign mailer from District? YOU PAID for it all. Is that fair? Using your money for campaign purposes?

- Did you know that District claimed "leaky roofs" in Measure I (2004) ($17,100,000) AND Measure T (2012) ($19,600,000)? Did it deceive you then? Or is it deceiving you now?


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 B be a "list of the specific school facilities projects to be funded." (Source: Proposition 39 ballot measure.)

Measure B'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 T? Measure I? It spent $36,699,996 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/NoHESDBond

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

Full Text of Measure B

A-1

EXHIBIT "A"

HUENEME ELEMENTARY SCHOOL DISTRICT

SCHOOL FACILITIES PROJECTS

The general obligation bonds of the Hueneme Elementary School District ("District") would be used to finance the design, acquisition, installation, 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, repairing and replacing leaky roofs; expanding school libraries to make room for books and materials; renovating bathroom facilities at each District school campus; and reconstruction, renovation, modernization and construction of classrooms, libraries, computer labs, roofing, playgrounds, plumbing, electrical and network infrastructure, walkways, fields 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; computer, media recording and presentation equipment; kitchen equipment, improvements and furnishings; science laboratory equipment; and other electronic equipment.

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

DISTRICT COMMUNITY SCHOOLS IMPROVEMENT PROJECTS TO BE COMPLETED AT FOLLWING SCHOOL SITES (WITH ORIGINAL CONSTRUCTION DATE INCLUDED):

Bard Elementary - Built 1955 Blackstock Jr. High Built 1965

Hollywood Beach Elementary Built 1951 E.O. Green Jr. High Built 1960

Hathaway Elementary Built 1963 Haycox Elementary Built 1963

Hueneme Elementary Built 1920 Larsen Elementary Built 1951

Parkview Elementary Built 1957 Sunkist Elementary Built 1956

Williams Elementary Built 1968

School Facility Project List. The items presented on the following list provide 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:

  • Repair or replace leaky roofs
  • Repair or replace deteriorating plumbing and sewer systems
  • Make health, safety and handicapped accessibility improvements
  • Upgrade inadequate electrical systems
  • Upgrade technology infrastructure to improve student access to computers
  • Replace outdated heating, ventilation and air-conditioning systems
  • Modernize and upgrade outdated classrooms, restrooms and school facilities
  • Make security improvements, including improving pedestrian access, lighting and fencing
  • Construct new classrooms and, restrooms, and school facilities
  • Improve playgrounds and playfields for school and community use
  • Make energy efficiency improvements, including installing solar panels
  • Replace outdated and energy inefficient windows
  • Provide air-conditioning systems to classrooms that do not have them
  • Replace temporary portables with permanent classrooms
  • Construct a new gymnasium at the junior high for school and community use
  • Increase water conservation by making landscaping and irrigation improvements
  • 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

A-3

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:

  • Installing infrastructure and supporting wiring, computers, 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 lighting and electrical systems and wiring 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
  • Renovate, upgrade and/or modernize District transportation and busing facilities and systems
  • Upgrade and improve fire safety equipment and systems for increased student safety
  • Upgrade electrical capacity and technology infrastructure, including fiber and wireless Internet access

Approval of the proposed bond measure would authorize the District to establish a technology endowment fund with bond funds in order to provide updated learning technology and equipment needed to provide a 21st- Century education for District students.

Project Costs for Additional Furnishings and Equipment

Project costs for furnishings and equipment for some or all of the District campuses and educational support sites identified herein may include, but are not limited to, some or all of the following: security, safety and communication systems and equipment, computers and computer systems, portable teaching and learning devices, media recording and presentation equipment, including, but not limited to, audio systems, improvements and furnishings and other electronic 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 reviews and proceedings, necessary supporting infrastructure costs, relocation costs and expenses, necessary contingency plans and related A-4 costs for construction and completion of the aforementioned facilities projects, direct legal costs and related costs. Project costs may also include the payment or prepayment of lease payments for lease of authorized facilities, property or buildings, prepayment of lease obligations for facilities purposes and payment of costs and expenses for interim financing of authorized facilities (including, but not limited to, financing delivery costs). Allowable project costs also include: costs of issuing the bonds or other securities (as authorized under California law), informational distribution costs and election costs authorized under State law. Funding for these projects may come from this bond measure or other District resources as the school facilities needs arise.

In preparing the foregoing list, the Board of Trustees of the Hueneme Elementary School District has evaluated safety, class size reduction and information technology needs. Approval of the District's bond measure does not guarantee that all of the identified projects within this list will be funded beyond local funds generated by the bond measure and does not guarantee that the projects will be completed in any particular order. The District will also pursue funds from the State of California to complete the identified facilities projects.

No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition 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 acquisition or lease of real property for school facilities as identified herein, and not for any other purpose, including teacher and administrator salaries and other non-construction related operating expenses.

Bond Expenditure Accountability and Citizens' Oversight Committee. The expenditure of bond funds on any of these projects is subject to accountability requirements required by law. These include:

  • ? Annual financial audit by independent auditors.
  • ? Annual performance audit by independent auditors.
  • ? Expenditure of bond funds will be monitored on an ongoing basis by an independent Citizens' Oversight Committee.

B-1

EXHIBIT "B"

BOND PROPOSITION OF THE
HUENEME ELEMENTARY SCHOOL DISTRICT
(June 5, 2018):

"In order to acquire, construct and reconstruct school facilities, and provide for supporting infrastructure at the existing school site of the Hueneme Elementary School District, and in so doing increase health, safety, welfare and educational effectiveness of classrooms for students, shall the Hueneme Elementary School District be authorized to issue Bonds in an amount not to exceed $34.2 million, including the furnishing and equipping of school facilities or the acquisition or lease of real property for schools and 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, which is currently twenty-five (25) years in the case of bonds issued under the authority of the Education Code and forty (40) years in the case of bonds issued under the authority of the Government Code, 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 of school facilities and supporting infrastructure, including the furnishing and equipping of school facilities or the acquisition or lease of real property for 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, including teacher and 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 Trustees 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 Trustees of the District shall conduct an annual, independent performance audit 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 Trustees of the District shall conduct an annual, independent financial audit 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 Trustees 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.

B-2

Repayment Projections: The tax levied to repay the Bonds is estimated at $1,300,000 - $3,300,000 annually anticipated to be collected through 2048 at a rate of approximately $0.03 per $100 of assessed value as further set out in the Tax Rate Statement provided to voters with this bond measure.

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 facilities projects identified herein, and not for any other purpose.
  • 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 Trustees 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 ."

1-1

ATTACHMENT "1"

HUENEME ELEMENTARY SCHOOL DISTRICT

SCHOOL FACILITIES PROJECTS

The general obligation bonds of the Hueneme Elementary School District ("District") would be used to finance the design, acquisition, installation, 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, repairing and replacing leaky roofs; expanding school libraries to make room for books and materials; renovating bathroom facilities at each District school campus; and reconstruction, renovation, modernization and construction of classrooms, libraries, computer labs, roofing, playgrounds, plumbing, electrical and network infrastructure, walkways, fields 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; computer, media recording and presentation equipment; kitchen equipment, improvements and furnishings; science laboratory equipment; and other electronic equipment.

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

DISTRICT COMMUNITY SCHOOLS IMPROVEMENT PROJECTS TO BE COMPLETED AT FOLLWING SCHOOL SITES ( INCLUDED):

Bard Elementary - Built 1955 Blackstock Jr. High Built 1965

Hollywood Beach Elementary Built 1951 E.O. Green Jr. High Built 1960

Hathaway Elementary Built 1963 Haycox Elementary Built 1963

Hueneme Elementary Built 1920 Larsen Elementary Built 1951

Parkview Elementary Built 1957 Sunkist Elementary Built 1956

Williams Elementary Built 1968

1-4

School Facility Project List. The items presented on the 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:

  • Repair or replace leaky roofs
  • Repair or replace deteriorating plumbing and sewer systems
  • Make health, safety and handicapped accessibility improvements
  • Upgrade inadequate electrical systems
  • Upgrade technology infrastructure to improve student access to computers
  • Replace outdated heating, ventilation and air-conditioning systems
  • Modernize and upgrade outdated classrooms, restrooms and school facilities
  • Make security improvements, including improving pedestrian access, lighting and fencing
  • Construct new classrooms and, restrooms, and school facilities
  • Improve playgrounds and playfields for school and community use
  • Make energy efficiency improvements, including installing solar panels
  • Replace outdated and energy inefficient windows
  • Provide air-conditioning systems to classrooms that do not have them
  • Replace temporary portables with permanent classrooms
  • Construct a new gymnasium at the junior high for school and community use
  • Increase water conservation by making landscaping and irrigation improvements
  • 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

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Measure B Tax Rate Statement

TAX RATE STATEMENT

HUENEME ELEMENTARY SCHOOL DISTRICT -
General Obligation Bond Election of June 5, 2018

MEASURE ___

As shown on the enclosed official ballot, an election is being held in the Hueneme Elementary School District ("District") on June 5, 2018, for the purpose of submitting to the registered voters within the District the question of whether the District shall issue and sell bonds in an amount not to exceed $34.2 million for the purpose of providing funds for the specified school facilities and school projects as set forth in the resolution of the District calling such bond election. This measure will authorize a tax sufficient for payment of interest on, and redemption of, the bonds. The bonds shall bear interest at a rate, or rates, to be established at such time as the bonds are sold, in one or more series, at fixed or variable interest rates not to exceed the maximum applicable statutory rate for such 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 $0.03 per $100 of assessed valuation (or $30 per $100,000 of assessed value). The final fiscal year in which it is anticipated that the tax will be collected is 2047-48.
  2. (b) The best estimate from official sources of the highest tax rate which would be required to be levied to fund such bond issue(s) 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 $0.03 per $100 of assessed valuation (or $30 per $100,000 of assessed value). It is estimated that such rate would be levied starting in fiscal year 2018-19 and following.
  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 $62.5 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 Ventura County, not on the property's market value. In addition, taxpayers eligible for a property tax exemption, such as the 009400.00000 18551966.1 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 Ventura County Assessor in the annual assessment and the equalization process. Property 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 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, market interest rates at the time of each sale of bonds and actual assessed valuations over the term of repayment of the bonds. 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 Ventura County Assessor in the annual assessment and the equalization process.

Dated: January 22, 2018

__________________________________________
Superintendent
Hueneme Elementary School District

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Measure B Agenda Description

Agenda of January 22, 2018 (complete item)

8. SUPERINTENDENT/BOARD BUSINESS

8.2 Bond Election Survey Presentation (Brook)

For information only.

8.3 Adoption of Resolution to Authorize General Obligation Bond Election of the Hueneme Elementary School District (Brook)

It is recommended that the Governing Board adopt Resolution B17-18-04 to call and conduct a general obligation bond election on June 5, 2018.

Motion: Second: Vote:


Item 8.2

HUENEME ELEMENTARY SCHOOL DISTRICT

BOARD AGENDA ITEM: BOND ELECTION SURVEY PRESENTATION

BOARD MEETING DATE: January 22, 2018

FROM: Dannielle Brook, Assistant Superintendent, Business Services
Dr. Christine Walker, Superintendent

STAFF COMMENT

RECOMMENDATION:

For information only.

BACKGROUND:

At the October 23, 2017 Board meeting, Jon Isom, from Isom Advisors, presented to the board future facilities funding options, which would allow the continued improvement of District schools. At the meeting, the Board approved the Isom Advisor's professional services contract, which included exploring the feasibility of a school improvement measure in 2018 to continue its classroom and facility upgrades. This feasibility survey was conducted during the second week of January 2018 and Mr. Isom will be presenting the results of the survey to the Board.


Item 8.3

HUENEME ELEMENTARY SCHOOL DISTRICT

BOARD AGENDA ITEM: ADOPTION OF RESOLUTION TO AUTHORIZE
GENERAL OBLIGATION BOND ELECTION OF THE
HUENEME ELEMENTARY SCHOOL DISTRICT

BOARD MEETING DATE: January 22, 2018

FROM: Dannielle Brook, Assistant Superintendent, Business Services
Dr. Christine Walker, Superintendent

STAFF COMMENT

RECOMMENDATION:

It is recommended that the Governing Board adopt Resolution No. B17-18-04 to call and conduct a general obligation bond election on June 5, 2018.

BACKGROUND:

The Hueneme Elementary School District ("District") has previously been successful with authorizations of general obligation bonds, approved by the voters within the District to finalize schools, school facilities and improvements to existing District schools (including technology upgrades) to support the educational mission of the District.

Based on current facilities needs and planning of the District and to avoid excessive borrowing costs which would result from the issuance of other types of securities, it is recommended that the Board adopt Resolution No. B17-18-04 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. B17-18-04 ("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 Ventura 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 June 5, 2018. June 5, 2018, is a Statewide Primary election date and as such is an authorized election date under the requirements of Proposition 39.

Resolution No. B17-18-04 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 ADOPTION OF RESOLUTION TO AUTHORIZE GENERAL OBLIGATION BOND
ELECTION OF THE HUENEME ELEMENTARY SCHOOL DISTRICT
January 22, 2018
Page 2 of 2
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. B17-18-04 and its exhibits. This will include (if the bond measure passes) the formation and appointment of a Citizen's Oversight Committee.

If adopted by the Board, Resolution No. B17-18-04 will be submitted to the Ventura County Registrar of Voters prior to the submission deadline. The County Registrar and County Board of Supervisors will be requested to consolidate the bond election with the other elections occurring on June 5, 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 Isom Advisors, a division of Urban Futures, Inc., as the District's Financial Advisor and Atkinson, Andelson, Loya, Ruud & Romo, A Professional Corporation as the District's Bond Counsel. The Bond Attorneys of Bowie, Arneson & Wiles (the District's prior Bond Counsel firm) have joined Atkinson, Andelson, Loya, Ruud & Romo, A Professional Corporation as of January 1, 2018.

EXHIBITS:

  • Bond Counsel Retention Agreement
  • Resolution B17-18-04
  • Tax Rate Statement

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Measure B Resolution

RESOLUTION NO. B17-18-04

RESOLUTION OF THE BOARD OF TRUSTEES OF THE HUENEME
ELEMENTARY SCHOOL DISTRICT ORDERING A SCHOOL BOND
ELECTION, ESTABLISHING SPECIFICATIONS FOR AN ELECTION
ORDER, REQUESTING CONSOLIDATION WITH OTHER ELECTIONS
OCCURRING ON JUNE 5, 2018, AND TAKING RELATED ACTIONS

WHEREAS, the Hueneme Elementary School District ("District"), a California public school district organized and operating pursuant to the laws of the State of California ("State"), desires to construct and acquire school facilities, make improvements to certain existing facilities, rehabilitate, modernize or replace certain existing school facilities, or the acquisition or lease of real property for school facilities purposes, 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 of California 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 Trustees, 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, under existing State law, June 5, 2018, is a Statewide Primary Election Date; and

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WHEREAS, in the judgment of the Board, it is advisable to order the Ventura County Registrar of Voters ("County Registrar") to conduct an election within the District on the question of whether the 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, 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.

NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE HUENEME ELEMENTARY 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 15100 et seq. and 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, 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 on 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 Primary Election Date. The amount of the bond authorization shall be $34,200,000 million as further set forth in the exhibits hereto.

Section 3. The date of the Election shall be June 5, 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 10 hereof ("Proposition"), 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 15100 et seq. and 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.

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 on June 5, 2018, which is a Statewide Primary 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 3 Ventura 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 Ventura County Superintendent of Schools.

Section 9. Pursuant to Education Code Section 5342 and Part 3 (commencing with Section 10400) of Division 10 of the California Elections Code ("Elections Code"), the County Registrar and the Ventura 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 June 5, 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. 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 "B" attached hereto and incorporated herein by this reference. A Bond Measure Statement, to comply with Elections Code Section 13247, and other applicable law, is attached hereto as Exhibit "C" and incorporated herein by this reference. Notice of such Election (bond measure) shall be provided by the County Registrar as provided for under State law.

Section 11. If the Bonds are approved pursuant to the requirements of the California Constitution and applicable California law, the Board of the District 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.

Section 12. Pursuant to Education Code Section 15272, and as included in Exhibit "B" 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 Hueneme Elementary School District Board of Trustees 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 13. 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 thirty dollars ($30) 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 14. Pursuant to California 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.
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  3. (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 14(a), above.
  4. (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, including the provisions and restrictions of this Section 14, which shall apply to each such series of the Bonds.
  5. (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 14(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 14(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 15. 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 40 years from the date of issuance thereof. The Bonds shall be issued under the Education Code, under the provisions of Section 53506 of the California Government Code, or under any other provision of law authorizing the issuance of general obligation bonds by school districts.

Section 16. 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.

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Section 17. 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.

Section 18. 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 Bond Measure Statement referenced in Section 10 hereof and set forth in Exhibits "B" and "C" 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 19. The firm of Atkinson, Andelson, Loya, Ruud & Romo, is hereby confirmed as bond counsel to the District, in connection with the election proceedings authorized under this Resolution and the issuance of any Bonds in the event such election is approved by the requisite percentage of voters. The Superintendent is hereby authorized and directed to enter into an agreement with such firm in the form on file with the Clerk of the Board.

Section 20. 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 21. 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 22. This resolution shall take effect upon its adoption.

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ADOPTED, SIGNED AND APPROVED this 22nd day of January, 2018.

BOARD OF TRUSTEES OF THE HUENEME
ELEMENTARY SCHOOL DISTRICT

By: ________________________________________
Presiding Officer, Board of Trustees of the
Hueneme Elementary School District

By: ________________________________________
Clerk, Board of Trustees of the Hueneme
Elementary School District

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STATE OF CALIFORNIA )
) ss.
COUNTY OF VENTURA )

I, Charles Weis, PhD, Clerk, Board of Trustees of the Hueneme Elementary School District, do hereby certify that the foregoing Resolution was duly adopted by the Board of Trustees of the Hueneme Elementary School District at a meeting thereof held on the 22nd day of January, 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 Trustees of the Hueneme Elementary
School District

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STATE OF CALIFORNIA )
) ss.
COUNTY OF VENTURA )

I, Charles Weis, PhD, Clerk of the Board of Trustees of the Hueneme Elementary School District, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. B17 -18-04 of such Board and that the same has not been amended, rescinded or repealed.

Dated this 22nd day of January, 2018.

Clerk, Board of Trustees of the Hueneme Elementary
School District

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