Measure BH Bond Election: June 5, 2018
EXHIBIT A
“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?”
Bonds – Yes
Bonds – No
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 incorporated herein by reference, 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:
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(i) Improve earthquake and fire safety of all school buildings.
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(ii) Repair or replace old, leaky roofs, and inadequate electrical systems.
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(iii) Prohibit bond money from being used for non-construction administrative costs;
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(iv) Adhere to specific fiscal accountability safeguards such as:
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(a) Prohibit the State from taking any of the funds raised.
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(b) All expenditures will be subject to ANNUAL INDEPENDENT FINANCIAL AUDITS.
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(c) No funds will be used for administrators’ salaries and/or pensions.
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(d) All funds will stay in the District and be subject to local control.
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(e) AN INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE WILL BE APPOINTED TO ENSURE THAT ALL FUNDS ARE SPENT ONLY AS AUTHORIZED.
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The Project List includes all of the following types of upgrades and improvements:
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 reduce its maintenance budget, 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.
- Install energy efficient systems to save money 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, energy efficient systems which will save money for educational uses.
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School Safety, Security and Health Wellness Projects
- 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 asbestos, 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.
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.
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
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The listed projects will be completed as needed. Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program management, staff training expenses 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 costs of preparation of all facility planning, facility assessment reviews, 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, solar panels; 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 refinancing of any outstanding lease obligations, 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 joint use 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 pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental 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 ORGANIZATION AND A SENIOR CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS’ OVERSIGHT COMMITTEE.
No Administrator Salaries: Proceeds from the sale of the bonds authorized by this proposition shall be used only for the acquisition, construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, and not for any other purpose, including teacher and school administrator salaries and other operating expenses.
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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
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 Opinion No. 04-110 of the Attorney General of the State of California, the restrictions in Proposition 39 which prohibit any bond money from being wasted or used for inappropriate administrative salaries or other operating expenses of the District shall be 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.
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:
(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;
(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;
(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;
(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;
(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
(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.
Section6. 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.
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.