Vote Yes on Los Angeles County Measure G - 2016 general Election
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  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Commentary on Measure G

Are you sure you want vote to support this extravagant measure? It has no accountability.

This campaign was designed by a member of the school bonds cartel. We figured out just the right words to get you to you to open up your checkbook.

We'd also like to introduce you to our partners -- bond lawyers, brokers, wealthy investors, architects, management firms, construction companies, and trade unions. We all stand to make a ton of money on these bonds. Our profits come right off the top, before a penny is actually spent on improving the facilities.

We're not just doing it for the money. We like to show off our work in Architectural Digest and other places where the rich and famous congregate.

Remember, we've taken a lot of risk. We gave money to get your governing board members elected, so they'd be sure to remember us when we came around for a hand-out later.

It's just business-as-usual, here in sunny Corruptifornia.

Please don't read the fine print. That's just put in by the lawyers to make what we're going to do to for you legal.

When you see highlighting in the documents below, it to see the commentary.

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

Measure G Question

EXHIBIT A

"To repair, upgrade and make more energy efficient aging classrooms and facilities with funding that cannot be taken by the State, , heating, air conditioning and electrical systems, and repair, construct, acquire, and upgrade classrooms, sites, facilities and equipment, refurbish pools, locker rooms, and gymnasium, shall Claremont Unified School District issue $58,000,000 in bonds at legal rates, with independent financial audits, citizen oversight, no money for administrator and teacher salaries, and all money staying local?"

Bonds – Yes Bonds – No

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

Impartial Analysis for Measure G

PR-004938-4 LA 170-067

IMPARTIAL ANALYSIS OF MEASURE G

By Mary C. Wickham, County Counsel

Approval of Measure G ("Measure") would authorize the Board of Education ("Board") of the Claremont Unified School District ("District"), which placed the Measure on the ballot by Resolution No. 02-2017, to issue general obligation bonds in an amount not to exceed $58,000,000.

Proceeds from the sale of bonds authorized by the Measure shall be used only for the purposes specified in the Measure, including, but not limited to, repairing and upgrading classrooms and other learning environments; replacing portable classrooms with modular classrooms; refurbishing pools, locker rooms, and gymnasium; replacing and refurbishing roofs; replacing heating, ventilation, and air-conditioning systems; and upgrading electrical systems. Bond proceeds may not be expended on teacher and administrator salaries and pensions and other operating expenses.

The Board shall cause independent performance and financial audits to be conducted annually to ensure that bond proceeds are spent only for the projects identified in the Measure. The Board shall cause the appointment of an independent Citizens' Oversight Committee in accordance with Education Code section 15278 no later than 60 days after the Board enters the election results in its minutes to ensure that bond proceeds are spent as specified in the Measure and as provided by law. The District shall create an account into which bond proceeds shall be deposited and shall comply with the reporting requirements of Government Code section 53410.

The maximum rate of interest on any bond shall not exceed the maximum rate allowed by law. According to the District's Tax Rate Statement, the best estimate of the highest tax rate required to fund the bonds, based on a projection of assessed valuations available when the District filed its Tax Rate Statement, is $45.30 per $100,000 of assessed valuation in fiscal year 2023-24.

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

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

Argument in Favor of Measure G

PRIMARY ARGUMENT IN FAVOR OF CUSD MEASURE G

Throughout its history, Claremont has placed a high value on education, and it forms the foundation of our civic life. Our public schools are central to this: they prepare informed voters, educate a superior workforce, expand business opportunity, and promote strong property values.

A YES vote strengthens our community by providing students with facilities that are clean and safe, and promote learning. It will provide $58 million for much needed repairs at every school site in the District, including:

  1. - Portables: replace identified portables with permanent modular units;
  2. - Classrooms: upgrade identified classroom windows, coverings, cabinetry, lighting, flooring;
  3. - Pools: refurbish, repair, replace equipment, decking, fencing;
  4. - Locker rooms: upgrade windows, plumbing, lockers, showers, lighting, accessibility;
  5. - Music building: upgrade flooring, ceilings, acoustics, lighting;
  6. - Student Center: replace building, add teaching space;
  7. - Food prep: reconfigure and upgrade building;
  8. - Large gym: replace flooring, add HVAC, accessibility; and
  9. - Infrastructure: replace roofing; upgrade heating, ventilation, A/C; upgrade electrical: install Energy Management System; add wiring, outlets, and security cameras as needed.

The District has demonstrated fiscal prudence by based on a Facilities Needs Assessment that identified $111 million in needed repairs and improvements. The list was reduced to the most critical projects which are manageable in the near term.

The District has involved the community in decision-making, conducting extensive outreach through 39 community meetings and the on-line "Thought Exchange" process which can be reviewed at www.cusd.thoughtexchange.com/welcome.

The law specifies accountability measures, with a Citizens' Oversight Committee and periodic independent financial audits.

Vote YES to join with homeowners, educators, employers and community leaders who have formed Claremont RISE (Renew Infrastructure, Sustain Excellence) to support our schools. For more information, go to www.ClaremontRISE.org.

Kara Evans
Claremont High School teacher

Lynn Forester
CHS ASB Office Manager/Classified Employee of the Year

Stig Lanneskog
CEO, Claremont University Consortium

Nicole Ouellette
President-elect, Claremont Educational Foundation

Sonja Stump
Claremont business owner; Community volunteer

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Rebuttal to Argument in Favor of Measure G

REBUTTAL TO ARGUMENT IN FAVOR OF
CLAREMONT UNIFIED SCHOOL DISTRICT MEASURE G

The proponents make no argument at all for this $58,000,000 bond. They simply give a few plain-vanilla statements using soft words like "civic life", "clean", and "safe", followed by a list.

In fact, this measure is unfair and costly.

It is unfair because outside students—one quarter of the total—are getting a free ride. These are inter-district transfer students that Claremont imports. They live outside the district. You pay for this bond but their households don't.

The District claims these students make for a richer program in Claremont, but what about neighboring districts that are poorer because their students ship out to Claremont?

This bond enables Wall Street bankers and lenders to dictate District enrollment policy.

For example, the Superintendent has emphasized his ability to "manage" enrollment to satisfy the lenders by sending some transfer students back if demanded. He is also willing to further poach neighboring districts for more students—diluting our kids' education—should Wall Street require that.

Measure G is expensive with skewed priorities. One item: it spends almost $7,000,000—nearly 12%—for "student center and food preparation" at Claremont High School, not for direct instructional facilities. These are bells and whistles, not core education.

From the official Tax Rate Statement, this measure will cost the average property owner some $7,000 to $8,000 or even more. It's a burden for those on fixed incomes. It will be a lien on your property and you could lose your home through foreclosure.

Vote NO on Measure G. Visit NOCLAREMONTBOND.COM

(signed)

Gary M. Lowe
Claremont Resident

Jay N. Pocock
Claremont Resident

Donna Lowe
Claremont Resident

Teresa Burgdorf
Claremont Resident

David Burgdorf
School Administrator, College Professor

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Argument Against Measure G

Primary Argument Against Claremont Unified School District Bond Measure G

______________________________________________________________

Please reject Measure G. VOTE NO!

This ill-advised bond follows the mismanaged Measure Y and the defeated Measure CL bonds. CUSD has demonstrated over the years that it cannot prudently steward your property tax money. Many Measure Y projects went uncompleted and the Measure CL narrative wasn't believed by the voters.

Spending priorities at the District recently have been backwards as well. Developer fees and your Recreation Assessments have been diverted from prudent maintenance of roofs, pools, buildings, and other items. Now they want you to go into debt for the accumulated wear and tear.

Using capital and instructional monies, the District financed millions for its spacious three-story offices and for air conditioning equipment that would here be scrapped and replaced. This equipment is so new the District owes on its financing at some $560,000 yearly for the next fifteen years. Now the District plans on adding a second payment to the first.

Inter-District Transfers from outside communities comprise some 24% of the students in our schools but their households will not pay a dime for this measure. These 1,685 extra students are the bulk of the "need" for portable and modular classrooms but you will pay.

Measure G is proposed at a time when government at every level is demanding more. A $9 billion state school bond is on this ballot. The Los Angeles County Metropolitan Transportation Authority wants a 10% PERMANENT sales tax hike. The City of Claremont will attempt another police station bond in 2017, and the County of Los Angeles plans a large property charge for stormwater drainage next year as well.

A big question mark is Claremont's planned eminent domain taking of the water company. If that goes forward, huge yearly fixed charges to each property will result.

This bond is too much.

Please vote NO to defeat Measure G.

____________________________________________________________________

(signed)

Gary M. Lowe
Claremont Resident

Jay N. Pocock
Claremont Resident

Donna Lowe
Claremont Resident

David Burgdorf
School Administrator/College Professor

Teresa Burgdorf
Claremont Resident

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Rebuttal to Argument Against Measure G

Thomas A. Cerafice
Resident / Claremont Business Owner 8/26/16

Joan Bunte
Board Member, Claremont Village Marketing Group August 27, 2016

Sue Keith
Claremont Representative to the Citrus College Board of Trustees 8-27-16

Brian DeMott
Claremont Realtor 8-29-16

Sandra Hollenberg, MD
Pediatrician 8/29/2016

Filer: Richard A. Fass 470 Baughman Ave, Claremont, CA 91711 richard.a.fass@gmail.com 909-262-2387 909-262-2387 NA

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Full Text of Measure G

B-1

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE CLAREMONT UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 8, 2016

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

"To repair, upgrade and make more energy efficient aging classrooms and facilities with funding that cannot be taken by the State, repair deteriorating roofs, heating, air conditioning and electrical systems, and repair, construct, acquire, and upgrade classrooms, sites, facilities and equipment, refurbish pools, locker rooms, and gymnasium, shall Claremont Unified School District issue $58,000,000 in bonds at legal rates, with independent financial audits, citizen oversight, no money for administrator and teacher salaries, and all money staying local?"

PROJECT LIST

The Board of Education of the Claremont Unified School District is committed to improving the quality of education and student learning environment, and upgrading facilities for energy conservation or to increase use of renewable energy sources in its award winning local schools, to provide our community with safe, secure and upgraded classrooms which keep pace with 21st Century learning standards. To that end, in developing the scope of projects to be funded, the Board evaluated the District's urgent and critical facility needs, including safety issues, class size, and computer and information technology. The District conducted a facilities evaluation and received public input in developing this Project List, and further determined to upgrade facilities and not to use bond proceeds to purchase any technology equipment. Teachers, staff, community members and the Board have prioritized key health and safety projects so that the most critical facility needs are addressed.

Basic School Repair and Upgrade Projects

  • Repair and upgrade classrooms and other learning environments
  • Replace deteriorating portable classrooms with modular classrooms
  • Refurbish pools, locker rooms, and gymnasium
  • Replace and refurbish deteriorating roofs
  • Replace outdated and inefficient heating, ventilation and air-conditioning systems
  • Upgrade electrical systems

* * *

B-2

The listed projects will be completed . is assumed to include its share of architectural, engineering, and similar planning costs, program/project management, furniture, equipment, staff training expenses and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the acquisition of a variety of instructional, maintenance and operational equipment, the reduction or retirement of interim or bridge funding incurred to advance fund projects from the Project List; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects. In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: repair and replace heating/boiler, plumbing, gas, water/sewer, drainage and ventilation systems; renovate student and staff restrooms; acquire facilities for educational purposes; improve outdoor learning spaces and shade structures; upgrade of facilities for energy conservation or to increase use of renewable energy sources; replace and refurbish worn-out roofs; repair and replace windows, walls, doors, doorframes and drinking fountains; improve school facilities for disability access; install or upgrade wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrade or construct classrooms and support facilities, including physical education facilities (including gym, pools and locker rooms), music building, student center, kitchens and food prep facilities; repair and replace deteriorating asphalt, fire alarms, emergency communications, intercoms, public announcement, energy management systems (EMS), and security systems; improve or expand parking and traffic circulation flow; interior and exterior painting and floor covering; construct various forms of storage and support spaces; upgrade classrooms; repair, upgrade or install interior and exterior lighting systems; replace outdated security fences and security systems. The allocation of bond proceeds will be affected by the final costs of each project. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. The budget for each project is an estimate and may be affected by factors beyond the District's control.

The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts are awarded and projects are completed. The allocation of bond proceeds may be affected by the final costs of each project. The allocation of bond proceeds may be affected by the District's receipt of State matching funds and the final costs of each project. 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 more enhanced and operationally efficient campuses. Necessary site preparation/ restoration or geological stabilization 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, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property. for the cost of District staff when performing work on or to bond projects.

B-3

Bond proceeds shall only be expended for the specific purposes identified herein.

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.

BOND ISSUANCE LIMITS

This measure has strict limits on the issuance of bonds including:

1. Bonds must be phased in over time so that project success can be determined before more bonds are issued.

2. Bonds must have a term not longer than the useful life of the projects or equipment being financed.

3. The availability of State matching funds shall be considered in selecting projects.

4. No capital appreciation bonds shall be issued.

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Measure G Tax Rate Statement

Tax Rate Statement In Connection With
Claremont Unified School District

An election will be held in the Claremont Unified School District (the "District") on November 8, 2016, on the question of issuing bonds in the principal amount of $58,000,000 to finance improvements to the District's facilities as described in the bond measure. If the bonds are approved, the District expects to sell the bonds in several series beginning in 2017. Principal and interest on the bonds will be paid from taxes levied on taxable property in the District. The following tax rate information is given to comply with Sections 9400-9404 of the Elections Code of the State of California.

Based on estimated assessed valuations available at the time of filing of this statement:

1. The best estimate of the tax rate that would be required to be levied to fund the bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.0295 per $100 ($29.50 per $100,000) of assessed valuation in fiscal year 2016/17.

2. The best estimate of the tax rate that would be required to be levied to fund the bond issue during the first fiscal year after the last sale of the bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.0453 per $100 ($45.30 per $100,000) of assessed valuation in fiscal year 2023/24.

3. The best estimate of the highest tax rate that would be required to be levied to fund the bond issue, based on estimated assessed valuations available at the time of filing this statement, is $0.0484 per $100 ($48.41 per $100,000) of assessed valuation in fiscal year 2024/25.

4. The best estimate of the average annual tax rate which would be required to be levied to fund the bond issue over the entire life of the bond debt service, based on estimated assessed valuations available at the time of filing of this statement, is $0.0341 per $100 ($34.10 per $100,000) of assessed valuation. The final fiscal year in which a tax is anticipated to be collected is 2052/53.

Voters should note that such estimated tax rates are specific to the repayment of bonds issued under this authorization and are and will be in addition to tax rates levied in connection with other bond authorizations approved or to be approved by the District or any other overlapping public agency.

Voters should note that the estimated tax rates are based on the assessed value of taxable property on the Los Angeles County's official tax rolls, not on the property's market value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above. Certain taxpayers may also be eligible to postpone payment of taxes. Property owners should consult their own property tax bills and the County Assessor to determine their property's assessed value and any applicable tax exemptions.

The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The estimates are based upon the District's projections and are not binding upon the District. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on the need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.

Dated: August 4, 2016

Board President
Claremont Unified School District

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Measure G Agenda Description

Agenda of August 4, 2016 (complete item)

XI. PRESENTATIONS AND RECOMMENDATIONS

E. General

1. Resolution #02-2017: Resolution of the Board of Education of the Claremont Unified School District Ordering an Election, and Establishing Specifications of the Election Order*

ACTION

To: Board of Education Date: August 4, 2016

From: Jim Elsasser, Ed. D.
Superintendent

Re: Resolution #02-2017:
Resolution of the Board of Education of the Claremont Unified School District Ordering an Election, and Establishing Specifications of the Election Order

District Goals:

All District goals are applicable.

Background:

At the regularly scheduled meeting of the Board of Education on June 16, 2016, the Board of Education authorized staff to prepare the necessary documents and resolution in preparation for placing a facilities bond measure on the November 2016 ballot.

Discussion:

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

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

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

Claremont Youth and Family Partnership Implications:

Goal #1: Get the Whole Community Involved

Fiscal Implications:

N/A

Recommended Action: To adopt Resolution #02-2017: Resolution of the Board of Education of the Claremont Unified School District Ordering an Election, and Establishing Specifications of the Election Order.

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Measure G Resolution

RESOLUTION #02-2017

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

WHEREAS, the Board of Education (the "Board") of the Claremont Unified School District (the "District") has determined that school facilities within the District need to be acquired, constructed, improved, and equipped in a fiscally prudent manner to enable District to provide a quality 21st Century education for its students; and

WHEREAS, the Board believes that, in order to improve the quality of education, and provide safe and healthy learning environments for students, basic repairs to our schools continue to be needed, including repairing and upgrading classrooms and other learning environments, refurbishing pools, locker rooms, and gymnasium, replacing and refurbishing deteriorating roofs, electrical and heating/ventilation/air conditioning, replacing portable classrooms with modular classrooms, and making more energy efficient aging classrooms and facilities; and

WHEREAS, the State of California (the "State") is not providing the District with enough funding for the District to adequately maintain its educational facilities and academic programs; and

WHEREAS, the Board has concluded that the District's only remedy to avoid undermining its educational programs is to secure local funding that the State cannot take away; and

WHEREAS, the Board has received information regarding the possibility of a local bond measure and its bonding capacity; and

WHEREAS, a local measure will help provide funds that cannot be taken away by the State to upgrade schools, protect student safety, and help the District to qualify for State matching funds; and

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

WHEREAS, the Board determines that all funds from this measure shall be controlled locally, and be subject to mandatory taxpayer protections, including an independent citizens' oversight committee and audits to ensure funds are spent properly; 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 or 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 Education Code Section 15264 (the "Act") became operative and established requirements associated with the implementation of Proposition 39; and

2

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 desires to authorize the submission of a proposition to the District's voters at an election to authorize the issuance of bonds to pay for certain necessary improvements and enhancements to District educational facilities; 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, Elections Code Section 9400 et seq. 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 ballot argument in favor of the proposition to be submitted to the voters at the election; and

WHEREAS, pursuant to the 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, November 8, 2016, and to request the Los Angeles County Registrar of Voters to perform certain election services for the District;

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

Section 1. That the Board, pursuant to Education Code Sections 15100 et seq. (including Sections 15300 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 the 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 $58,000,000 (the "Bonds") shall be issued and sold for the purpose of raising money for the purposes described in Exhibit A hereto.

Section 2. That the date of the election shall be November 8, 2016.

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 3 compliance with Proposition 39 and the Act, the ballot propositions in Exhibit "A" and "B" are subject to the following requirements and determinations:

  1. (a) the proceeds of the sale of the Bonds shall be used only for the purposes set forth in the ballot measure and not for any other purpose, including teacher or administrator salaries or pension or other school operating expenses;
  2. (b) that the Board, in establishing the projects set forth in Exhibit "B", evaluated the safety, class size reduction, classroom, educational, and information technology within the District, as well as the importance of the projects to student achievement and high quality instruction;
  3. (c) that the Board shall cause an annual, independent performance audit to be conducted to ensure that the Bond monies get spent only for the projects identified in Exhibit "B" hereto;
  4. (d) that the Board shall cause an annual, independent financial audit of the proceeds from the sale of Bonds to be conducted until all of the Bond proceeds have been expended;
  5. (e) that the Board will cause the appointment of 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. The Citizens' Oversight Committee shall consist of at least seven (7) members and at no time consist of less than seven (7) members, with the possible exception of brief periods to fill any unexpected vacancies. The Citizens' Oversight Committee may not include any employee or official of the District or any vendor, contractor or consultant of the District. The Citizens' Oversight Committee shall include all of the following: One (1) member who is active in a business organization representing the business community located within the District; One (1) member who is active in a senior citizens' organization; One (1) member who is active in a bona fide taxpayer association; One (1) member who is a parent of a child in the District schools; One (1) member who is both a parent of a child in the District schools and active in a school site council or Parent Faculty Association. In furtherance of its specifically enumerated purposes, the Citizens' Oversight Committee may engage in any of the following activities relating solely and exclusively to the expenditure of the Proposition 39 bond proceeds:
    1. (i) Inspect District facilities and grounds to ensure that Proposition 39 bond proceeds are expended in compliance with applicable law;
    2. (ii) Receive and review copies of all deferred maintenance proposals or plans developed by the District;
    3. (iii) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs;
    4. (iv) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
    5. 4
    6. (v) Receive from the Board, within three months of the District receiving the above-described audits, responses to any and all findings, recommendations, and concerns addressed in said audits, and review said responses; and
  6. (f) that the tax levy authorized to secure the Bonds of this election shall not exceed the Proposition 39 limits per $100,000 of taxable property in the District when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.

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

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

Section 6. That the Los Angeles County Registrar of Voters and the Los Angeles County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 8, 2016, within the District. Pursuant to Elections Code Section 10403 the Board acknowledges that the consolidation election will be held and conducted in the manner prescribed in Elections Code Section 10408.

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 August 12, 2016.

Section 8. That any Bonds issued pursuant to Education Code Section 15264 et seq. hereto or pursuant to Government Code Section 53506. 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 anybody 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 Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of Los Angeles County is requested to permit the Registrar of Voters to render all services specified by Elections Code Section 10418 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 Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.

5

ADOPTED, SIGNED AND APPROVED this 4th day of August, 2016.

BOARD OF EDUCATION OF THE CLAREMONT
UNIFIED SCHOOL DISTRICT

By
President

Attest:

Secretary

6

STATE OF CALIFORNIA )
)ss
LOS ANGELES COUNTY )

I, Dr. James Elsasser, do hereby certify that the foregoing is a true and correct copy of Resolution No. 02-2017, which was duly adopted by the Board of Education of the Claremont Unified School District at the meeting thereof held on the 4th day of August, 2016, and that it was so adopted by the following vote:

AYES:
NOES:
ABSENT:
ABSTENTIONS:

By
Secretary

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