Loading...
HomeMy WebLinkAboutC-3172 - Joint Powers Authority Agreement Creating the Bonita Canyon Public Faclilities Financing AuthorityJOINT EXERCISE OF POWERS AGREEMENT CREATING THE BONITA CANYON PUBLIC FACILITIES FINANCING AUTHORITY Orange County, California THIS JOINT EXERCISE OF POWERS AGREEMENT ("Agreement") is entered into as of , 1997, under the authority of the Joint Exercise of Powers Law of the State of California, between IRVINE UNIFIED SCHOOL DISTRICT (which is referred to herein as "IUSD"), NEWPORT-MESA UNIFIED SCHOOL DISTRICT (which is referred to herein as "NMUSD") (hereinafter collectively ("School Districts") and the City of Newport Beach (which is referred to herein as "City" and collectively School Districts and City shall be referred to as "Parties"). WITNESSETH WHEREAS, pursuant to Section 6502 of the Government Code, IUSD, NMUSD and City desire to enter into a joint exercise of powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code (the "Law") for the purpose of establishing a community facilities district, to be known as "Community Facilities District No. 98- 1 of the Bonita Canyon Public Facilities Financing Authority ("CFD No. 98-1"), under the Mello - Roos Community Facilities Act of 1982 (Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, as amended) ("Act") to provide for the acquisition and financing of public school and public park facilities pursuant to those certain agreements known as Implementation Agreement Concerning School Facilities For A Portion Of Planning Area 26 BAKW&G/WHW/cc/pks/40391 v 10 8020 - 12/02/97 - Final • • (Bonita Canyon), Annexation And Development Agreement Approved By The City Council Of The City Of Newport Beach On November 10, 1997 By Ordinance No. 97-35 And Bonita Canyon Boundary Adjustment And School Impact Mitigation Agreement Effective As Of October 28, 1997, and to exercise any power common to the contracting parties or otherwise provided under the Law; and WHEREAS, the legislative bodies of the Parties have determined that entering into this Agreement would be beneficial to the present and future residents of the Parties; and WHEREAS, the Parties propose that the Authority be established to conduct proceedings under the Act to form CFD No. 98-1 or annex additional property to CFD No. 98-1 (the "Mello - Roos Proceedings") to finance certain public facilities to the extent determined by each of the Parties; and WHEREAS, each Party shall specify the public facilities, if any, to be financed for such Party and the distribution of proceeds of the financing to be made available to the Parties; and WHEREAS, the Parties wish to provide that the Mello -Roos Proceedings are solely for the purpose of raising funds for the Parties to provide public facilities, and that each Party shall be solely responsible for all decisions as to the planning, acquiring, constructing, reconstructing, rehabilitating, furnishing and equipping of the public facilities financed for such Party, NOW, THEREFORE, the parties agree as follows: SECTION 1. Recitals. The above recitals are agreed to. SECTION 2. Best Interests. This Agreement is determined to be in the best interests of the Parties and the future residents of the area within proposed CFD No. 98.1. BAKW&G/WHW/cc/pks/40391 v 10 8020. 12/02/97 - Final 2 • i SECTION 3. Definitions. Unless the context otherwise requires, the teens defined in this Section 3 shall for all purposes of this Agreement have the meanings herein specified. Act. The term "Act" shall mean the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53311, as amended. Agreement. The term "Agreement" shall mean this Joint Exercise of Powers Agreement as the same now exists or as it may from time to time be amended pursuant to the provisions hereof. Authority. The term "Authority" shall mean the Bonita Canyon Public Facilities Financing Authority created by this Agreement. Board. The term `Board" shall mean the Governing Board of the Authority. CFD Bonds. The term "CFD Bonds" shall mean bonds, notes or other evidence of indebtedness of CFD No. 98-1 authorized and issued pursuant to the Act, including each and all series of bonds, and shall also include, except where the context shall require otherwise, any other form of indebtedness of CFD 98-1 authorized and issued pursuant to the Act. CFD 98-1. The term "CFD No. 98-1" shall mean Community Facilities District No. 98-1 of the Bonita Canyon Public Facilities Financing Authority to be formed by the Authority pursuant to the Act and in accordance with this Agreement. Indenture. The term "Indenture" shall mean the indenture, fiscal agent agreement or other instrument pursuant to which CFD Bonds are issued. BAKW&G/WHW/c /pks/40391 v to 8020. 12/02/92 - Final 3 Law. The term "Law" shall mean the Joint Exercise of Powers Law, Article 1 of Chapter 5 of Division 7 of Title 1 of the California. Government Code, commencing with Section 6500 thereof. Parties. The term "Parties" shall mean the parties to this Agreement. "Party" shall mean a party to this Agreement. Project. The term "Project" shall mean the acquisition and construction of those public facilities as determined by each Party. SECTION 4. Purpose. This Agreement is made pursuant to the Law to provide for the exercise of powers possessed by any of the Parties. In particular, the Parties desire to finance the acquisition of real property and the acquisition and construction of certain public school and public park facilities in the manner set forth in, and subject to the provisions of, this Agreement. Each Party is empowered by the laws of the State of California to exercise those powers assigned to it in this Agreement. This Agreement is intended to be, and shall be construed to be, a joint exercise of powers agreement adopted pursuant to Section 53316.2 of the Act. SECTION 5. Creation of Authority. There is hereby created pursuant to the Law an agency and public entity to be known as `Bonita Canyon Public Facilities Financing Authority". As provided in the Law, the Authority shall be a public entity separate and apart from the Parties and shall administer this Agreement. The debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the Parties. Within thirty (30) days after the effective date of this Agreement or any amendment hereto, and prior to the issuance of any CFD Bonds or any bonds of the Authority, the Authority BAKW&G/WHWkdpks/40391 v 10 8020 - 12/02197 - Final 4 will cause a notice of this Agreement or such amendment to be filed with the California Secretary of State in accordance with Section 6503.5 of the Law. SECTION 6. lerm. This Agreement shall become effective upon execution hereof by the Parties and shall continue in full force and effect until terminated by the Parties or as otherwise set forth herein. SECTION 7. Powers: Restriction Upon Exercise. The Authority shall have the power to undertake and implement the Mello -Roos Proceedings, to finance the Projects, to exercise the authority conferred on local agencies under the Act and to exercise such other rights, powers and authority as are granted pursuant to the Law, subject to the limitations contained herein. Within that limitation, the Authority shall have the powers granted to a "local agency" pursuant to the Act, including the power to finance the purchase, or acquisition by condemnation (by a Party) or otherwise, of a site or sites for a project, and the acquisition, construction, improvement, or equipping and leasing, all or part of a project, subject, however, to the conditions and restrictions of this Agreement. The Authority is authorized, in its own name and pursuant to the Law, to do all acts necessary for the exercise of said powers for said purposes, including the following: (a) to make and enter into contracts; (b) to employ agents or employees; (c) to sue and be sued in its own name; (d) to issue bonds and otherwise to incur debts, liabilities or obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation of the members and to sell bonds by competitive or negotiated sales; BAKW&G/WHW/cc/pks/40391 v 10 8020. 12/02/97 - Final 5 • • (e) to apply for, accept, receive and disburse grants, loans and other aid from any agency of the United States of America or of the State of California; (f) to invest any money in its treasury pursuant to Sections 6505.5 and 6509.5 of the Law which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code and in such other investments as permitted by the Law; (g) to apply for letters of credit or other form of financial guarantees in order to secure the repayment of its bonds and enter into agreements in connection therewith; (h) to carry out and enforce all the provisions of this Agreement; (i) to make and enter into bond purchase agreements and any other agreements, assignments and documents of any nature whatsoever as may be necessary or convenient in the exercise of its powers hereunder or under the Law or the Act; (j) to exercise any and all other powers as may be provided in the Act or in the Law. Pursuant to Section 6509 of the Law, the power of the Authority shall be subject to the restrictions upon the manner of exercising the power of NMUSD. The Authority shall undertake and implement the Mello -Roos Proceedings and shall administer CFD No. 98-1, including employing and paying all consultants, annually levying the CFD No. 98-1 special tax and all aspects of paying and administering the CFD Bonds and complying with all State and Federal requirements pertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The Parties will not participate in nor BAKW&G/WHW/cc/pks/40391 v 10 8020 - 12/02/97 - Final 6 • • be considered participants in the Mello -Roos Proceedings (other than as parties to this Agreement). The Authority will, to the extent of its available resources, indemnify and hold the Parties harmless from any and all claims or suits arising out of the conduct of the Mello -Roos Proceedings, the authorization for, the levying and collection of the CFD No. 98-1 special tax and. the authorization for, issuance and administration of the CFD Bonds. The Parties hereby consent to the formation of CFD No. 98-1 in conformance with this Agreement and consent to the assumption of jurisdiction for the proceedings by the Authority, with the understanding that the Authority may hereafter take each and every step required for or suitable for consummation of the Mello -Roos Proceedings and the levying, collecting and enforcement of the CFD No. 98-1 special taxes, and the issuance and enforcement of the CFD Bonds. SECTION 8. Termination of Powers. This Agreement shall continue until rescinded or terminated by agreement of the Parties; provided, however, that, so long as the Board is the legislative body of CFD No. 98-1, this Agreement shall not be rescinded or terminated, unless no CFD bonds are outstanding, the CFD No. 98-1 special tax has been terminated and CFD No. 98-1 has been dissolved, and provided, further, that this Agreement shall not be rescinded or terminated so long as any bonds or other indebtedness of the Authority remains outstanding or unpaid. SECTION 9. Governing Board. The Authority shall be administered by the Board, which shall consist of two (2) members from each of the Parties, unless and until such number is changed by amendment of this Agreement. The members from each Party shall be designated by the governing body of such Party, or, at the election of such governing body, designated by the BAKW&O/WHW/ccpkW00391 v 10 8020 - 12/02/97 - Final 7 Superintendent of a School District or the City Manager of City. Each member shall serve in his or her individual capacity as a member of the Board. Each Party may designate one or more alternate members of the Board. Members of the Board shall not receive any compensation for serving as such, but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. SECTION 10 Meetings of the Board. (a) Regular Meetings. The Board shall hold at least one regular meeting each year, and by resolution may provide for the holding of regular meetings at more frequent intervals. The date upon which, and the hour and place at which, each such regular meeting shall be held shall be fixed by resolution or motion of the Board, or by designation of the President of the Authority. (b) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. All business which may be conducted at regular meetings, may also be conducted at special meetings. (c) Legal Notice. All meetings of the Board shall be called, noticed, held and conducted subject to the provisions of the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the California Government Code, Sections 54950-54962). BAKW&GIWHW/cc/pks/40391 v 10 8020 - 12/02/97 - Final 8 (d) Minutes. The Secretary of the Authority shall cause minutes of all meetings of the Board to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to the Parties. (e) rujn. One member of the Board from each of the Parties shall constitute a quorum for the transaction of business. Less than a quorum may adjoum from time to time. (f) Voting. All voting of the Authority shall reside in the Board. Each Party represented on the Board shall have one vote. The unanimous affirmative vote of each Party shall be required to take any action by the Board. (g) Bylaws. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes thereof. SECTION 11. Officers: Duties: Bonds. (a) The officers of the Authority shall be a President, a Vice -President, a Treasurer, a Controller and a Secretary. The Board shall elect its President and Vice - President from among its members, each for a one-year term. Annually, after levying the CFD No. 98-1 special tax, a President and Vice -President shall be elected. Persons serving as President or Vice -President may be re-elected to the same office. The Treasurer, Controller or Secretary need not be members of the Board. If either the President or Vice - President shall cease to be a Board member, he or she shall also cease to be an officer. The Board shall promptly elect a replacement officer. The Treasurer, Controller and Secretary shall be appointed by the Board and serve at its pleasure. BAKW&G/WHW/cc/pks/40391 v 10 8020 - 12/02/97 -Final 9 • • (b) The President shall conduct the meetings of the Board and shall be authorized to sign such contracts on its behalf as shalt have been approved by the Board, and such certificates and other documents as shall be necessary or appropriate. The Vice - President shall serve in the President's absence. (c) The Treasurer and Controller shall have the powers and duties specified in Section 6505.5 of the Law. (d) The Treasurer and Controller of the Authority are designated as the public officers or persons who have charge of, handle, or have access to property of the Authority, and each such officer shall file an official bond with the Secretary of the Authority in the amount of $25,000. To the extent permitted by law, any such officer may satisfy this requirement by filing an official bond obtained in connection with another public office. (e) The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. (f) None of the officers, agents, or employees directly employed by the Board shall be deemed, by reason of their employment by the Board, to be employed by the Parties or by reason of such employment, to be subject to the requirements of the Parties. (g) All of the privileges and immunities from liability, exemption from laws, ordinances, rules and regulations, and all benefits which apply to the activities of public agencies when performing their respective functions, shall apply to the officers, agents, or employees of the Authority while engaged in the performance of their duties. BAKW&G/WUW/cc/pks/40391 v 10 8020. 12/02/97 - Final 10 SECTION 12. Fiscal Year. Unless and until changed by resolution of the Board, the fiscal year of the Authority shall be the period from July 1 of each year to and including the following June 30, except for the first fiscal year which shall be the period from the date of this Agreement to June 30, 1998. SECTION 13. Adoption of Local Goals and Policies. Pursuant to California Government Code Section 53312.7, the Board of Directors shall first adopt local goals and policies as required by such section prior to initiating proceedings to establish a CFD. SECTION 14. Withdrawal of Party. The Parties recognize that a portion of the territory proposed to be included within the boundaries of CFD No. 98-1 is presently located within the boundaries of IUSD and that efforts are being made to transfer such territory to NMUSD. In the event the territory is transferred to NMUSD, upon such transfer, IUSD shall withdraw from the Authority, this Agreement shall be amended to reflect such withdrawal, and IUSD shall bear no liability for any action taken by the Authority, including any action with regard to CFD No. 98-1, on or after such withdrawal. In the event such territory is not transferred to NMUSD, but remains within the boundaries of IUSD, and NMUSD and IUSD terminate their efforts to effect such transfer upon such termination of efforts, NMUSD shall withdraw from the Authority, this Agreement shall be amended to reflect such withdrawal, and NMUSD shall bear no liability for any action taken by the Authority, including any action with regard to CFD No. 98-1 on or after such withdrawal. SECTION 15. Disposition of Assets. The proceeds of the sale of any CFD Bonds shall be disbursed for the costs of issuance of such CFD Bonds and then for the costs of acquisition and construction of the Project financed thereby and as otherwise specified by the Indenture pursuant aAKW&G/WHW/cc/pks/4039I v 10 8020. 12/02/97 - Final 11 • to which such CFD Bonds are issued. The specific procedures for the payment of contractors and vendors or the reimbursement to the Parties or others of their expenditures eligible for reimbursement from the CFD Bond proceeds shall be those of the Parties themselves, as may be modified by the Indenture pursuant to which such CFD Bonds are issued. The Parties agree to use all CFD Bond proceeds for the purposes specified under the Agreement. In the event that CFD Bonds are not issued, then all assets of the Authority shall be distributed to the respective grantors or assignors thereof. After the completion of the purpose of this Agreement, any surplus money on hand shall be returned to the Parties in proportion to the contributions made. SECTION 16. Conflict of Interest Code. The Authority, by resolution, shall adopt a Conflict of Interest Code as required by law. SECTION 17. Operation of Projects. Except as may relate to property acquired and held on behalf of the Authority, each Party agrees to construct or acquire each Project financed for it through the issuance of CFD Bonds, to utilize the requisition procedure to be set forth in the Indenture for payment of the costs thereof from CFD Bond proceeds, to take ownership and maintenance responsibility for all such Projects, and to indemnify and hold harmless all other Parties hereto, and the Authority, from any and all claims arising out of all aspects of planning, acquiring, constructing, reconstructing, rehabilitating, furnishing, equipping and operating such Projects. Each Party shall administer the acquisition and construction of each Project financed for it through the issuance of CFD Bonds subject to such requirements as may be imposed by the Indenture pursuant to which such CFD Bonds are issued. BAKW&G/WHWkupks/40391 v 10 8020. 12/02/99 - Final 12 • • SECTION 18. Administration of CFD No. 98-1. Costs of the financing and any administrative or other costs attributable directly to CFD No. 98-1 shall be paid directly from CFD Bond proceeds or from CFD No. 98-1 special tax proceeds. Any savings realized in the construction or acquisition of any facilities for any Party shall be held for the purpose of financing other facilities authorized for that Party by the proceedings conducted under the Act. If, for any reason, any Party holds funds of CFD No. 98-1 at any time, that Party agrees to hold and invest such funds in strict compliance with any instructions provided by the Authority, provided that nothing shall interfere with any Parry's right to make timely payments on any contracts. SECTION 19. Agreement Not Exclusive. This Agreement shall not be exclusive and shall not be deemed to amend or alter the terms of other agreements between the Parties, except as expressly provided herein. SECTION 20. Contributions and Advances. Contributions or advances of public funds and of personnel, equipment or property may be made to the Authority by the Parties or other persons for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance may be made subject to repayment from either CFD Bond proceeds or CFD No. 98-1 special taxes, and shall be repaid out of CFD Bond proceeds only if a CFD Bond financing contemplating such repayment is successfully completed. SECTION 21. Accounts and Reports. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any BAKW&G/WHW/cc/pks/40391 v 10 8020 - 12/02/97 - Final 13 Indenture. The books and records of the Authority shall be open to inspection at all reasonable times by the Parties and their representatives. The Authority agrees to have prepared, and keep available to all Parties, a record of all CFD No. 98-1 special tax collections or CFD Bond proceeds received each year by the Authority. The Treasurer of the Authority shall make quarterly reports to the Authority and the Parties in accordance with Section 6505.5(e) of the Law. The Controller of the Authority shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the California Government Code and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with the Parties and also with the County Auditor of Orange County. Such report shall be filed within 12 months of the end of the fiscal year under examination. Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for the purpose. and may be paid out of special tax revenues. In any year in which the annual budget of the Authority does not exceed five hundred dollars ($500), the Board may replace the annual special audit with an audit covering a two-year period. BAKW&G/WHW/Wp4l40391 v 10 8020. 12/02/97 - Final 14 SECTION 22. Breach. If default shall be made by any of the Parties in any covenant contained in this Agreement, such default shall not excuse any other Party from fulfilling its obligations under this Agreement and each Party shall continue to be liable for the performance of all conditions herein contained. The Parties hereby declare that this Agreement is entered into for the benefit of the Authority created hereby and the Parties hereby grant to the Authority the right to enforce by whatever Lawful means the Authority deems appropriate all of the obligations of each of the Parties hereunder. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. SECTION 23. Severability. Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby. SECTION 24. Successors Assignment This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties. No Party may assign any right or obligation hereunder without the consent of the others. SECTION 25. Amendment of Agreement. This Agreement may be amended by supplemental agreement executed by the Parties (a) at any time prior to the issuance of any CFD Bonds, or any bonds or other indebtedness of the Authority, or (b) at any time after the issuance of CFD Bonds or any bonds or other indebtedness of the Authority in any manner that will not materially adversely affect the owners of such CFD Bonds, bonds or other indebtedness. BAKW&G/WHW/ccdpks/40391 v 10 8020. 12/02/97 - Final 15 • • The Mello -Roos Proceedings permitted by this Agreement may vary from the terms hereof with the unanimous written consent of the Board. SECTION 26. Form of Approvals. Whenever an approval is required in this Agreement, unless the context specifies otherwise, it shall be given by resolution duly and regularly adopted by the boards of each of the Parties and, in the case of the Authority, by resolution duly and regularly adopted by the Board. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. SECTION 27. Section I-Ieadingg. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. SECTION 28. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to: Irvine Unified School District 5050 Barranca Parkway Irvine, California 92604 Attention: Superintendent Newport -Mesa Unified School District 2985 Bear Street, Building A Costa Mesa, California 92626 Attention: Superintendent City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Attention: City Manager BAKW&G/WHW/ttlpks/40391 v 10 8020 - 12/02/97 - Final 16 • • SECTION 29. Law Governing. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be construed. SECTION 30. Enforcement by Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including, but not limited to, injunction and specific performance, necessary or permitted by law to enforce this Agreement. SECTION 31. Annexation to City a Condition Precedent. The Parties recognize that the territory proposed to be included within the boundaries of CFD No. 98-1 is presently located within the boundaries of the City of Irvine and that efforts are being made to annex such territory to the City. Section 53316.2(c) of the Act provides that a party to a joint exercise of powers agreement adopted pursuant to Section 53316.2 of the Act (such as this Agreement), may use the proceeds of any special tax levied pursuant to the Act or of any bonds or other indebtedness issued pursuant to the Act to provide facilities which that contracting party is otherwise authorized by law to provide. The Parties recognize that the City will not be authorized by law to provide facilities within such territory until such annexation is complete. Accordingly, no CFD No. 98-1 special tax / / / / / / / / / / / / /1/ / / / / / / BAKW&G/WHW/cdpks/40391 v 10 8020-12/02/97 -Final 17 • • shall be levied, and no CFD Bonds shall be issued, to finance City Projects unless and until the annexation to the City of said territory is complete. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. IRVINE UNIFIED SCHOOL DISTRICT NEWPORT-MESA UNIFIED SCHOOL DISTRICT By Its President of the Board of Education / i Attest y: i,�! ,�� ' 'E. Attest: ` ;i % 1_r C rk of the Boarof ucation REVIEWED AND APPROVED. CITY OF NE BEACH AS W Pam4 AND CONTENT: BOWIE, APNESaN, KADI, WiT..':'_R & GThMfl7E - Legal Counsel By`�— for Irvine Unified School District By:• ttXaA 41. (Sir) Wendy H. Wiles BAKW&G/WHW/Wpks/40391 v 10 8020 - 12/02/97 - Final Its Attest: REVIEWED AND APPROVED AS TO FORM AND CONTENT: PARKER, COVERT & CHIDESTER, egal Counsel for Newport-Lesit Unified S hool District By: 18 pencer E. Covert 181