Chino Valley Unified Schools: Vote Yes on Measure G Bonds - San Bernardino County - 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 . 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.

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

Measure G Question

Chino Valley Unified School District Measure
Measure G

CHINO VALLEY UNIFIED SCHOOL DISTRICT STUDENT ACHIEVEMENT, REPAIR AND SAFETY MEASURE. To upgrade neighborhood schools and retain/attract quality teachers by repairing deteriorating classrooms/restrooms; replacing deteriorating, rusty pipes/ensuring safe drinking water; removing /lead paint; upgrading fire safety, science/computer labs, wiring, classroom technology; repairing, constructing, acquiring educational facilities, sites, equipment; shall Chino Valley Unified School District issue $750,000,000 in bonds, at legal interest rates, requiring annual audits, independent citizens' oversight, no money for administrators' salaries/pensions, all funds used locally?

BONDS YES
BONDS NO

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Impartial Analysis for Measure G

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BOND MEASURE G
CHINO VALLEY UNIFIED SCHOOL DISTRICT

IMPARTIAL ANALYSIS OF BOND MEASURE G

This Impartial Analysis of Bond Measure G has been prepared by County Counsel pursuant to Section 9500 of the California Elections Code.

Bond Measure G is submitted to the voters by the Chino Valley Unified School District ("District"). A "yes" vote by at least fifty-five percent (55%) of the voters voting on this measure will authorize the District to issue bonds to benefit the District in the amount of seven hundred fifty million dollars ($750,000,000). If fewer than fifty-five percent (55%) of the voters voting on this measure vote yes, the Board of Education of the District will not be authorized to issue and sell the $750,000,000 in bonds set forth in the measure.

The bond proceeds may only be used to upgrade neighborhood schools and retain/attract quality teachers by repairing deteriorating classrooms/restrooms; replace deteriorating, rusty pipes to ensure safe drinking water; remove asbestos and lead paint; upgrade fire safety, science/computer labs, wiring, classroom technology; repair, construct, and acquire educational facilities, sites, equipment.

The proceeds may not be used for any other purpose, including teacher and administrator salaries or pensions and other school operating expenses.

The District will conduct financial and performance audits annually and will appoint a citizens oversight committee to ensure that bond proceeds are spent only on the school facility projects listed in the measure.

The bonded debt will be a general obligation of the District and will be financed by property taxes levied annually on taxable property located within the District in an amount necessary to pay the annual debt obligation.

JEAN-RENE BASLE
County Counsel
s/ Cynthia L. O'Neill
Deputy County Counsel

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Argument in Favor of Measure G

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ARGUMENT IN FAVOR OF BOND MEASURE G

This Argument in Favor of Bond Measure G was submitted pursuant to Section 9501 of the California Elections Code. It is the opinion of the author(s), and has been printed exactly as submitted.

Protect great education in our local schools – Vote YES on G

Our award-winning local schools have among the highest test scores in the State -- outperforming County and State averages. Our teachers have been recognized as educators of the year countywide and statewide.

Yet some of our schools were built in the 1950's! If we want to maintain academic excellence and continue to attract and retain quality teachers, we must provide competitive, 21st century learning by investing in our aging schools, technology and classrooms -- vote YES on G!

  • ?? YES on G replaces deteriorating, rusty pipes
  • ?? YES on G removes asbestos and lead paint
  • ?? YES on G repairs restrooms and leaky roofs
  • ?? YES on G updates fire safety systems
  • ?? YES on G ensures safe drinking water and safe, healthy schools and classrooms

Yes on G promotes strong careers by upgrading and expanding school career education programs that train students for jobs -- allowing students to acquire real-world skills and effectively compete for employment in health care, computer science, and automotive repair following graduation.

Yes on G addresses the whole needs of the child by ensuring students' basic social, emotional and academic needs are met and their families get the support they need to succeed.

Yes on G is accountable, with strict accountability requirements:

  • ?? Independent citizens' oversight
  • ?? Annual financial audits
  • ?? No money for pensions or administrator salaries
  • ?? All funds must be used locally for neighborhood schools
  • ?? No money can be taken by Sacramento politicians

Improving our schools is a long-term investment in our community which strengthens local property values—making our community a more desirable place to live, do business and raise a family. That's why educators, parents, seniors, business owners, and community leaders are voting YES on G to maintain quality Chino Valley schools.

Join us and remember to vote! www.supportgreatchinovalleyschools.com.

s/ Andrew Cruz
President, Chino Valley USD Board of Education

s/ Eileen Kostyk
President, Chino Valley School PTA

s/ Renee Gomez
Parent Leader, Chino Valley Charter School

s/ Tim Adams
President & CEO, Chino Valley Business Owner

s/ Kenny Donovan
Chino Valley USD, Teacher of the Year

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Rebuttal to Argument in Favor of Measure G

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REBUTTAL TO ARGUMENT IN FAVOR OF BOND MEASURE G

This Rebuttal to Argument in Favor of Bond Measure G was submitted pursuant to Section 9504 of the California Elections Code. It is the opinion of the author(s), and has been printed exactly as submitted.

Vote No on Bond Measure G, or you'll be paying for it until 2055! Supporters have not been upfront about how much this bond will cost: $1.6 Billion! This $750 million bond will cost taxpayers an additional $850 million in interest payments. Bankers will make hundreds of millions of dollars and our schools will get the leftovers. That's why special interests hired a Sacramento consultant to push this measure.

Where does it stop? Taxpayers are still paying for the Measure M school bond. We're being told that schools still need repairs. So why didn't Measure M fix the problems? The school board mismanaged priorities and built luxuries like stadiums and pools without fixing classrooms. Hold them accountable and Vote No on G!

When it comes time to sell your house, potential buyers will see they would have two CVUSD bonds and one Chaffey College bond to pay. Seniors living on fixed incomes will be forced to pay this for decades.

This school board hasn't wisely managed taxpayer funds. Now they want a blank check. Recently a board member complained, "I feel like we just don't know what's going on." They have no plan! Repeatedly the school district has failed to budget for long term projects, and now they want a bailout.

Bond Measure G puts more money into bankers' pockets than into classrooms. That's unacceptable at a time when families are struggling to pay bills. Let's not fall for their false promises and history of mismanagement.

Please vote NO on Bond Measure G!

s/ Chris Mann
Founder, Inland Empire Taxpayers Association

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

Argument Against Measure G

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ARGUMENT AGAINST BOND MEASURE G

This Argument Against Bond Measure G was submitted pursuant to Section 9501 of the California Elections Code. It is the opinion of the author(s), and has been printed exactly as submitted.

Vote No on Bond Measure G! Don't be fooled. $1.677 Billion is the total amount that you and other taxpayers within Chino Valley Unified School District will have to pay if this is approved. This is the same school board that doesn't make the news for academic reasons, rather for controversies. Remember the newspaper headlines: "Chino's Andrew Cruz says he's sorry; disgusted parents agree" or "School board is 'broken,' Blair says." Do you trust this school board to wisely spend that much money?

For years, we have seen the dysfunction of this school board, and now they want a blank check that will end up costing us $1.677 Billion (with interest), not just the $750 Million face value of the bond. The CVUSD school board has squandered our tax dollars. Every year they have failed to budget for school improvements. They knew there was a need, but instead decided to give pay raises. Students were left out.

If this was the best deal for taxpayers, then why would the school board approve this at a special meeting instead of the regular meeting? They didn't want the public to be involved. Instead of getting your input, they paid for Bay Area consultants to cherry pick data that would tell the School Board what they wanted to hear.

No new taxes. Taxpayers are still paying for the $150 Million Measure M school bond, and will be doing so through 2028. What did students get? Football stadiums and swimming pools, not fixing infrastructure or improving safety. Now you are being asked to "trust" the school board again.

Vote No on Bond Measure G and tell the school board to live within its means. Enough is enough. No new taxes!

s/ Chris Mann
Founder, Inland Empire Taxpayers Association

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Rebuttal to Argument Against Measure G

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REBUTTAL TO ARGUMENT AGAINST BOND MEASURE G

This Rebuttal to Argument Against Bond Measure G was submitted pursuant to Section 9504 of the California Elections Code. It is the opinion of the author(s), and has been printed exactly as submitted.

Opponents clearly didn't bother to read Bond Measure G's official language, and to our knowledge, they haven't visited our schools or classrooms, nor have they spoken to our students or teachers.

For over a year, our District has engaged the community by holding over 150 school site meetings attended by over 2,000 parents, educators and community members, and conducting an additional community outreach process with over 3,000 residents providing feedback on school needs and community priorities in order to develop Bond Measure G.

FACT: Yes on G repairs decades-old classrooms, including replacing the older plumbing systems and rusty, corroded water pipes found in many schools and ensuring safe drinking water, removing asbestos and lead paint, fixing restrooms, leaky roofs and updating school security and fire safety systems. Bond Measure G addresses the urgent repairs our schools need!

FACT: In order for our local schools to qualify for state matching funds, our school district must have local funds. Bond Measure G ensures that Chino Valley schools are eligible to receive money that would otherwise go to other districts.

FACT: Bond Measure G requires annual performance/financial audits and Independent Citizens Oversight to ensure funds are spent as promised. By law, the Oversight Committee must include Taxpayer, Business, Senior, and Parent/PTA representatives. Absolutely NO funds can be spent for administrators' salaries or pensions.

Local realtors know that that improving neighborhood schools strengthens local property values, and makes our community a more desirable place to live.

Join Teachers, Oversight Advocates, Business and Community Leaders in supporting YES on G!

Questions? Visit: www.supportgreatchinovalleyschools.com.

s/ Bethany Yaroma
Chino Valley PTA Member

s/ Sarah Schweitzer
Local Chino Valley Realtor

s/ Nick Yaroma
Former Chino Valley Bond Measure M, Citizen's Oversight Committee Member

s/ Matt Meneses
Retired, 44 Year Chino Valley Tax Payer

s/ Michael James Chavira
Local Chino Valley Business Owner

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Full Text of Measure G

August 4, 2016
Page 13

EXHIBIT A

CHINO VALLEY UNIFIED SCHOOL DISTRICT

FULL TEXT OF BALLOT MEASURE

CHINO VALLEY UNIFIED SCHOOL DISTRICT STUDENT ACHIEVEMENT, REPAIR AND SAFETY MEASURE. To upgrade neighborhood schools and retain/attract quality teachers by repairing deteriorating classrooms/restrooms; replacing deteriorating, rusty pipes/ensuring safe drinking water; removing asbestos/lead paint; upgrading fire safety, science/computer labs, wiring, classroom technology; repairing, constructing, acquiring educational facilities, sites, equipment; shall Chino Valley Unified School District issue $750,000,000 in bonds, at legal interest rates, requiring annual audits, , no money for administrators' salaries/pensions, all funds used locally?

PROJECT LIST

Goal and Purpose

The Board of Education of the Chino Valley Unified School District certifies that it has evaluated the District's urgent and critical capital needs, including school and student safety issues, enrollment trends, class size reduction, overcrowding, energy efficiency and computer technology, seismic safety requirements, and aging, outdated or deteriorating school buildings in developing the scope of projects to be funded. In developing the scope of projects, the District has prioritized the key health and safety and sustainability needs so that the most critical school site needs are addressed. The Board conducted an evaluation at all District sites and received input in developing the scope of projects to be funded. This input concluded that if these needs were not addressed now, the problems would only get worse and more expensive to address in the future. In approving this Project List, the Board of Education determines that the District should:

Maintain and improve neighborhood schools, retain and attract quality teachers, maintaining a high level of excellence in Chino Valley Schools, and provide competitive and full-service 21st century learning environments at every school by:

  • ? Repairing/Replacing outdated/portable classrooms, including repairing leaky roofs, removing asbestos and lead paint, and replacing deteriorating rusty pipes to ensure safe drinking water
  • ? Upgrading school security, including earthquake safety, water/energy conservation, heating/air conditioning, and updating fire safety systems
  • ? Repairing, constructing, acquiring educational facilities/sites/equipment
  • ? Updating classroom technology, wiring, science/engineering labs

Measure ___ is envisioned to encompass improvements at the following Chino Valley Unified School District ("CVUSD" or "District") sites:

August 4, 2016
Page 14

Elementary Schools:

Alicia Cortez Elementary School
Anna A. Borba Elementary School
Butterfield Ranch Elementary School
Chaparral Elementary School
Country Springs Elementary School
Doris Dickson Elementary School
E.J. Marshall Elementary School
Eagle Canyon Elementary School
Edwin Rhodes Elementary School
Gerald F. Litel Elementary School
Glenmeade Elementary School
Hidden Trails Elementary School
Howard Cattle Elementary School
Levi H. Dickey Elementary School
Liberty Elementary School
Michael G. Wickman Elementary School
Newman Elementary School
Oak Ridge Elementary School
Rolling Ridge Elementary School
Walnut Avenue Elementary School
Future Elementary School sites

K-8 Schools:

Cal Aero Preserve Academy
Lyle S. Briggs Fundamental School
Oxford Preparatory Academy (Existing Chino Campus)
Future K8 School Sites

Junior High Schools:

Canyon Hills Junior High School
Magnolia Junior High School
Ramona Junior High School
Robert O. Townsend Junior High School
Woodcrest Junior High School
Future Junior High School Sites

High Schools:

Buena Vista Continuation High School
Chino High School
Chino Hills High School
Don Antonio Lugo High School
Ruben S. Ayala High School
Future High School Site

District Support Center Sites:

CVUSD Alternative Education Center
CVUSD District Education Center and Adult School
CVUSD Professional Development Center 1 and 2
Future District Support Center Sites

August 4, 2016
Page 15

Measure ___ is envisioned to encompass projects as represented in the District's Long Range Facilities Master Plan. Listed projects will be completed as needed at a particular school or District facility site according to Board-established priorities, and the order in which such projects appear on the Project List is not an indication of priority for funding or completion. Each project may include construction-related costs, such as project and construction management, design, planning, approvals, administration and construction, architectural, engineering, soils testing, inspection and similar planning and testing costs, demolition, storage and interim housing costs, costs related to the independent annual financial and performance audits, a contingency for unforeseen design and construction costs and other costs incidental to and necessary for completion of the listed projects.

Additional Construction, Upgrade/Repair of Existing Buildings, Site Upgrades/Furnishings

  • ? Remove or abate asbestos, lead paint, mold and other hazardous materials from older buildings
  • ? Upgrade fire alarm systems, repair and replace fire safety equipment, add sprinklers and fire safety doors, as necessary
  • ? Make exterior and interior improvements to District facilities to conserve power, increase the efficiency of existing lighting, security and alarm features and conserve and/or reclaim water resources
  • ? Repair deteriorating gas, electrical and sewer lines and ; replace or upgrade existing water, sewer, plumbing and storm drain systems to conserve or reclaim water and meet current codes, including the elimination of lead-containing fixtures
  • ? Upgrade aging and deteriorating restrooms
  • ? Upgrade emergency communication systems, public address and fire communication systems; install new security systems, such as security (surveillance) cameras, indoor/outdoor lighting, walkways, signage, fencing and classroom door locks
  • ? Modernize, upgrade, renovate, re-configure and/or expand classrooms, classroom buildings, labs, restrooms, common areas and school support facilities, whether permanent, portable or modular, including interior and exterior doors, windows, door and window hardware, roofs, rain gutters and downspouts, walls, ceilings and floors, and finishes, paint, siding, insulation, casework, cabinets, carpets, drapes, window coverings, lighting, sinks, drinking fountains, fixates, signage, fencing, furniture and equipment
  • August 4, 2016
    Page 16

  • ? Construct, renovate, improve, upgrade, repair and equip classrooms, classroom buildings, labs, restrooms, libraries, computer labs, instructional space, facilities and student service areas (including multi-purpose rooms, performing arts/theater, food storage, preparation and service, school offices and administrative offices/staff support facilities, teacher preparation work areas, staff workrooms, cafeterias, kitchen areas, nurse's offices, media centers, indoor and outdoor eating areas), and associated improvements, signage, fencing and fixtures, and furnish and equip such facilities
  • ? Replace existing portable buildings with permanent classrooms, restrooms, staff support space, and administrative areas at existing CVUSD sites
  • ? Construct new, permanent buildings to create space for classrooms, labs, career-tech, performing arts and physical education instructional space, multi-purpose rooms, cafeteria/food service, administrative space, libraries/media centers and restrooms at new and existing CVUSD sites
  • ? Acquire property, design/plan and construct new CVUSD schools
  • ? Upgrade, repair and equip classrooms, athletic and other laboratories. Update and replace classroom furniture, equipment and instructional aids, playground equipment, indoor and outdoor play areas
  • ? Renovate, repair, resurface, upgrade, expand, equip, construct and/or install and improve gymnasiums, fitness labs, locker rooms, hardcourts, athletic and sports fields and tracks; acquire, improve, replace and/or upgrade equipment and fixtures related to such facilities
  • ? Replace, refurbish and/or upgrade flooring, wall surfaces, ceilings, cabinetry, water fountains, doors/hardware, windows, restroom fixtures/surfaces/accessories, roofing, heating, ventilation, air conditioning (HVAC), electrical and plumbing systems
  • ? Construct, renovate, improve sites, upgrade classrooms and building accessways in compliance with the Americans with Disabilities Act (ADA) and State of California earthquake safety standards
  • ? Reconfigure, renovate, repair, resurface, improve and/or expand roads, sidewalks, parking lots and related areas, bus zones and student pick-up and drop-off zones to improve ingress/egress and safety, and increase capacity to meet site usage
  • ? Replace/upgrade existing signage, bells and clocks
  • August 4, 2016
    Page 17

  • ? Upgrade and replace computers, hardware and software systems. Upgrade media and audio/visual equipment. Upgrade and expand: cable infrastructure, network, wireless systems, telecommunications and internet access. Upgrade technology infrastructure (includes, but is not limited to: computers, projectors and projection systems; media control stations; portable interface devices; centralized storage and backup systems; uninterruptable power supplies; racks; servers; switches; routers; modules; sound systems; access control systems; printers; digital white boards; document projectors and cameras; upgraded voice-over IP; communications software systems; collaborative systems; network management software; enterprise-wide software system replacement or upgrade; network security/firewall; wiring and cabling; and other miscellaneous equipment and software
  • ? Upgrade science, engineering and technology classrooms and labs
  • ? Replace, refurbish, expand and/or upgrade parking lots, site lighting, utility piping (water, gas, sewer, storm drain), pavement, fencing, playfields and irrigation systems, play equipment and surfacing, shade and lunch shelters along with ADA and security upgrades on existing CVUSD sites
  • ? Replace, refurbish and/or upgrade instructional and administrative furniture and technology systems and equipment at existing and future CVUSD sites
  • ? Replace existing wiring systems to meet current electrical and accessibility codes
  • ? Provide more updated information and technology systems and equipment, including cable infrastructure, network expansion, wireless access points and other communications and administrative systems

The allocation of bond proceeds may be affected by the District's receipt of State matching funds and the final costs of each project. In the absence of State matching funds, which the District will aggressively pursue to reduce the District's share of the costs of the projects, the District may undertake fewer than all of the projects listed above.

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 DISTRICT FACILITIES, INCLUDING THE FURNISHING AND EQUIPPING OF FACILITIES, AND NOT FOR ANY OTHER PURPOSE, INCLUDING TEACHER AND ADMINISTRATOR SALARIES OR PENSIONS OR OTHER OPERATING EXPENSES.

August 4, 2016
Page 18

FISCAL ACCOUNTABILITY. 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 (EDUCATION CODE SECTION 15278 ET SEQ.) TO ENSURE THAT FUNDS ARE SPENT AS PROMISED AND SPECIFIED. THE CITIZENS' OVERSIGHT COMMITTEE MUST INCLUDE, AMONG OTHERS, REPRESENTATIVES 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.

BOND AUTHORIZATION

By approval of Measure ___ by at least 55 percent of the registered voters voting on the measure, the District will be authorized to issue and sell bonds of up to $750,000,000 in aggregate principal amount at interest rates not in excess of the legal limit and to provide financing for the specific school facilities projects listed in the Project List described above, subject to the accountability requirements specified below. The Bonds may be issued under the provisions of the California Education Code (starting at Section 15100), under the provisions of the California Government Code (starting at Section 53506), or under any other provision of law authorizing the issuance of general obligation bonds by school districts. The Bonds may be issued in series by the District from time to time, and each series of Bonds shall mature within the legal limitations set forth in the applicable law under which the Bonds are issued.

FUNDS PROTECTED FOR LOCAL USE

Proceeds from the sale of bonds authorized by Measure ___ will be used solely on local projects and will not be subject to appropriation by agencies outside of the District.

ACCOUNTABILITY REQUIREMENTS

The provisions in this section are specifically included in Measure ___ in order that the voters and taxpayers in the District may be assured that their money will be spent wisely. Expenditures to address specific facilities needs of the District will be in compliance with the requirements of Article XIII A, Section 1(b)(3), of the State Constitution and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Education Code Sections 15264 and following). The proceeds from the sale of the bonds will be deposited into a Building Fund to be held by the San Bernardino County Treasurer, as required by the California Education Code, and will be used only for the purposes specified in Measure ___ and not for any other purpose.

August 4, 2016
Page 19

Evaluation of Needs: The Board has identified detailed facilities needs of the District and has determined which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated enrollment growth, student safety, class size accommodation, repairs/upgrades to older schools, and information technology needs in developing the Project List shown above.

Independent Citizens' Oversight Committee: The Board shall establish an Independent Citizens' Oversight Committee under Education Code Section 15278 to ensure bond proceeds are expended only on the school facilities projects listed above. The committee will be established within 60 days of the date when the results of the election appear in the minutes of the Board.

Performance Audits: The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed below.

Financial Audits: The Board shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed above.

Annual Report: The Superintendent of the District is required to cause an annual report to be filed with the Board, the first report to be filed not later than one year after the issuance of the first series of the Bonds, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in Measure __ as required by Sections 53410 and 53411 of the Government Code.

COMPLETION OF PROJECTS

Completion of the bond projects listed above is subject to the availability of adequate funding to the District. Approval of the bond measure does not guarantee that the proposed projects in the District that are the subject of bonds under the measure will be funded beyond the local revenues generated by the bond measure. The District's proposal for the projects may assume the receipt of matching State funds, which could be subject to appropriation by the Legislature or approval of a Statewide bond measure. The proceeds from the sale of the District's bonds will be used only for the purposes specified in Measure __, and not for any other purpose.

SCOPE OF PROJECTS

Bond proceeds will be expended to update, repair, replace, renovate, construct, acquire, equip, furnish, rebuild and otherwise improve educational and support facilities within the District. Projects which are described above include all related and incidental costs, including their share of the costs of the election and bond issuance and costs of design, engineering, architectural and other professional services, inspections, site preparation, utilities, landscaping, construction management and other planning, legal, accounting and similar costs, independent annual financial and performance audits, a customary construction contingency, and other costs incidental to and necessary for completion of the listed projects.

August 4, 2016
Page 20

and to acquire and install furniture, fixtures and equipment at any classrooms and other educational facilities within the District. The District may alter the scope and nature of any of the specific projects which are described above as required by conditions that arise during the course of design and construction.

Whenever specific items are included in the generality of the broader description of authorized projects. The order in which particular projects are listed is not intended to indicate priority for funding or completion. Projects at each site will be accomplished to address the individual site deficiencies and priorities as enumerated in the District's Master Facilities Plan.

STATEMENT REQUIRED UNDER EDUCATION CODE SECTION 15122.5

Approval of Bond Measure G does not guarantee that the proposed project or projects in the Chino Valley Unified School District that are the subject of bonds under Bond Measure G will be funded beyond the local revenues generated by Bond Measure G. The school district's proposal for the project or projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.

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Measure G Tax Rate Statement

August 4, 2016
Page 21

EXHIBIT B

TAX RATE STATEMENT
REGARDING PROPOSED
$750,000,000
CHINO VALLEY UNIFIED SCHOOL DISTRICT
GENERAL OBLIGATION BONDS
MEASURE __

An election will be held in Chino Valley Unified School District (the "District") on November 8, 2016 for the purpose of submitting to the electors of the District the question of incurring bonded indebtedness of the District in the principal amount of $750,000,000. If such bonds are authorized and sold, the principal thereof and interest thereon will be payable from the proceeds of taxes levied on the taxable property in the District. The following information regarding tax rates is given in compliance with Section 9401 of the California Elections Code. This information is based upon the best estimates and projections presently available from official sources, upon experience within the District and other demonstrable factors.

Based upon the foregoing and projections of the assessed valuations of taxable property in the District, and assuming the entire debt service on the bonds will be paid through property taxation:

1. The best estimate from official sources of the tax rate that would be required to be levied to fund the bond issue during the first fiscal year after the first sale of the bonds, based on assessed valuations available at the time of the filing of this statement, or a projection based on experience within the same jurisdiction or other demonstrable factors is $59.47 per $100,000 of assessed valuation of all property to be taxed for the year 2017-18.

2. The best estimate from official sources 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, and an estimate of the year in which that rate will apply, based on estimated assessed valuations available at the time of the filing of this statement, are $59.55 per $100,000 of assessed valuation of all property to be taxed and the year 2033-34.

3. The best estimate from official sources of the highest tax rate that would be required to be levied to fund the bond issue and an estimate of the year in which that rate will apply, based on estimated assessed valuations available at the time of the filing of this statement, are $59.57 per $100,000 of assessed valuation of all property to be taxed and the year 2029-30.

4. The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold is $1,677,522,000.

August 4, 2016
Page 22

Attention of voters is directed to the fact that the foregoing information is based upon projections and estimates. The actual timing of sales of the bonds and the amount to be sold at any time will be governed by the needs of the District and other factors. The actual interest rates at which the bonds will be sold, which will not exceed the maximum permitted by law, will depend upon the bond market at the time of sale. The actual assessed valuations in future years will depend upon the value of property within the District as determined in the assessment and the equalization process. Therefore, the actual tax rates and the years in which those tax rates will be applicable may vary from those presently estimated and stated above.

________________________________
Wayne M. Joseph, Superintendent
Chino Valley Unified School District

August 4, 2016
Page 23

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Measure G Agenda Description

II.A. FACILITIES, PLANNING, AND OPERATONS

II.A.1.

Page 4 Resolution 2016/2017-03 of the Board of Education of the Chino Valley Unified School District of the County of San Bernardino, California, Ordering an Election to Authorize the Issuance of General Obligation Bonds, Establishing Specifications of the Election

Order, and Requesting Consolidation with

Other Elections Occurring on November 8, 2016

Recommend the Board of Education adopt Resolution 2016/2017-03 of the Board of Education of the Chino Valley Unified School District of the County of San Bernardino, California, Ordering an Election to Authorize the

Issuance of General Obligation Bonds, Motion Second

Preferential Vote: Vote: Yes No

August 4, 2016
Page 2
Special Meeting of the Board of Education August 4, 2016

Establishing Specifications of the Election Order, and Requesting Consolidation with Other Elections Occurring on November 8, 2016.

DATE: August 4, 2016

TO: Members, Board of Education

FROM: Wayne M. Joseph, Superintendent

PREPARED BY: Gregory J. Stachura, Asst. Supt., Facilities, Planning, and Operations

SUBJECT: RESOLUTION 2016/2017-03 OF THE BOARD OF EDUCATION OF THE CHINO VALLEY UNIFIED SCHOOL DISTRICT OF THE COUNTY OF SAN BERNARDINO, CALIFORNIA, ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON NOVEMBER 8, 2016

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BACKGROUND

The District has engaged the community regarding school repair needs and received comprehensive feedback on educational priorities from District residents. Over the past 18 months, the District conducted over 120 community meetings and received systematic feedback from over 3,000 residents to date.

District residents have shown consistent commitment to maintaining the excellence of Chino Valley Schools, retaining and attracting quality teachers, and making basic repairs to our older buildings, to ensure student health and safety, and to maintain our quality, full-service schools that prepare students for college and future careers.

The Board is authorized to order an election to submit to voters the question of whether general obligation bonds can be issued and sold for the purpose of raising money for projects to construct, renovate, furnish, equip and improve District schools and facilities under Proposition 39. The District may call an election requiring approval by 55% or more of the qualified voters voting on the measure and to cause the County of San Bernardino to levy property taxes to pay debt service on the bonds, if such election is successful.

The Board has determined that it is in the best interest of the District to call such an election under Proposition 39 to be conducted concurrently with the general Statewide election on November 8, 2016, and that, based upon a projection of assessed property values, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds would not exceed the maximum tax rate permitted.

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For the bond measure under Proposition 39, the District will be required to prepare a project list delineating the projects to be financed with proceeds of the bonds and to file a tax rate statement to be contained in the ballot materials. Accordingly, Resolution 2016/17-03 is being submitted to the Board for review and approval.

Approval of this item supports the goals identified within the District's Strategic Plan.

RECOMMENDATION

It is recommended the Board of Education adopt Resolution 2016/2017-03 of the Board of Education of the Chino Valley Unified School District of the County of San Bernardino, California, Ordering an Election to Authorize the Issuance of General Obligation Bonds, Establishing Specifications of the Election Order, and Requesting Consolidation With Other Elections Occurring on November 8, 2016.

FISCAL IMPACT

None.

WMJ:GJS:pw

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

Measure G Resolution

August 4, 2016
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Chino Valley Unified School District
Resolution 2016/2017-03

Resolution of the Board of Education of the Chino Valley Unified School District of the County of San Bernardino, California, Ordering an Election to Authorize the Issuance of General Obligation Bonds, Establishing Specifications of the Election Order, and Requesting Consolidation With Other Elections Occurring on November 8, 2016

WHEREAS, the award-winning local schools of the Chino Valley Unified School District (the "District") offer full-service schools that are essential to meet students' social, emotional and academic needs, including programs such as after-school tutoring, computer, math and science labs, arts and physical education, career education programs that can train students for jobs such as health care, computer science, engineering and other quality job training opportunities, and by repairing and upgrading classrooms and facilities, the District can continue to increase opportunities for local students; and

WHEREAS, school career education programs that train students for jobs such as health care, computer science and engineering need to be expanded, and the District desires to provide the labs, classrooms and equipment for quality job training opportunities, allowing students who do not go to college to acquire real-world skills and the ability to be competitive in the job market when they graduate; and

WHEREAS, the District's award winning schools significantly outperform the County and State average, our teachers have been recognized as educators of the year at the County and State levels, and the District wishes to continue to retain and attract quality teachers by investing in our aging schools and providing additional funding for the improvement, construction, equipping and furnishing of District facilities to ensure that District teachers and students have improved, safe and efficient classrooms, laboratories and technology necessary to maintain a high level of academic excellence; and

WHEREAS, many local District schools were built decades ago – some in the 1950s and are outdated, deteriorating and require improvements and basic repairs such as replacing older plumbing systems and rusty, corroded water pipes found in many schools while ensuring safe drinking water, removing asbestos and lead paint, fixing restrooms, leaky roofs and updating fire safety systems; and

WHEREAS, the District desires to maintain a good long-term investment for the community, and recognizes that improving neighborhood schools strengthens local property values, and makes our community a more desirable place to live, do business and raise a family; and

WHEREAS, the District desires a high level of fiscal accountability to the community, and this measure, as written, requires an independent citizens' oversight committee, and annual financial audits. By law, none of the money can be used for administrative salaries or pensions, or be taken by Sacramento; it must be used locally to improve our neighborhood schools and classrooms; and

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WHEREAS, the District wishes to enact a funding mechanism that would make Chino Valley schools eligible for State matching funds that would otherwise go to other school districts; and

WHEREAS, in the judgment of the Board of Education of the District (the "Board"), it is advisable to call an election to submit to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold for the purpose of funding the construction, reconstruction, rehabilitation and replacement of District facilities, including the furnishing or equipping of District facilities, or the acquisition or lease of real property for District facilities and paying costs incident thereto; and

WHEREAS, the Board of the District, located within the County of San Bernardino, California, (the "County"), is authorized to order elections within the District for the purpose of considering, inter alia, bond measures to finance and refinance the ongoing capital improvement needs of the District, pursuant to the Constitution of the State of California (the "State") and the State Education Code (the "Education Code"); and

WHEREAS, the Board is specifically authorized to order elections for the purpose of submitting to the electors the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes hereinafter specified, pursuant to Education Code Sections 15100 et seq.; and

WHEREAS, Section 18 of Article XVI and Section 1 of Article XIII A of the Constitution of the State and Section 15264 et seq. of the Education Code (collectively, "Proposition 39") provide for a methodology by which the District may call for an election and, upon approval by 55% or more of the qualified voters voting on the bond measure, issue its general obligation bonds and cause the County to levy an ad valorem property tax to pay debt service on such bonds; and

WHEREAS, the Board has determined to be in the best interests of the District to call such an election under Proposition 39 (the "Election" or "Bond Election"), as further described herein; and

WHEREAS, such bond election must be conducted concurrent with a Statewide primary election, general election or special election, or at a regularly scheduled local election, as required by Proposition 39; and

WHEREAS, the Board has determined that the general Statewide election to be conducted on November 8, 2016 (the "Election Date") meets the consolidation requirements of Proposition 39; and

WHEREAS, the Board wishes to specify the manner in which the District shall call a bond election on the Election Date and to demonstrate compliance with related requirements of the Constitution, the Education Code and the State Elections Code (the "Elections Code"); and

WHEREAS, the Board has determined that, based upon a projection of assessed property valuation, 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 maximum tax rate permitted by Section 15270 of the Education Code; and

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

WHEREAS, the District has paid or expects to pay certain expenses with respect to projects on the Project List (as defined herein) (the "Reimbursable Expenses") to which it desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt bonds issued pursuant to Proposition 39 and applicable law (the "Bonds"), as provided under section 1.150-2 of the regulations (the "Treasury Regulations") promulgated under the Internal Revenue Code of 1986 (the "Tax Code"); and

WHEREAS, section 1.150-2 of the Treasury Regulations provides that such an allocation will be respected only if, inter alia, the District has declared its reasonable official intent to reimburse costs of the projects on the Project List incurred prior to but in anticipation of the issuance of debt;

NOW, THEREFORE, BE IT HEREBY RESOLVED, determined and ordered by the Board as follows:

Section 1. Recitals. All of the foregoing recitals are true.

Section 2. Determination to Proceed under Proposition 39. The provisions of Proposition 39 shall control the administration of the election to consider the bond proposition or ballot measure of the District, such that a favorable vote of no less than 55% of the qualified voters voting at the election shall constitute approval thereof, and the Board hereby declares its intention to meet the applicable requirements of Proposition 39.

Section 3. Conduct of Election.

  1. (a) Request to County Officers. Pursuant to Section 5303 of the Education Code, the Registrar of Voters of the County (the "Registrar") is required to, and is hereby requested to, take all steps to hold the election in accordance with law and these specifications.
  2. (b) Ballot Measure. Pursuant to Education Code Section 15122 and Elections Code 13247, the Board hereby orders and directs that the Registrar use the following ballot measure text on November 8, 2016 (the "Ballot Measure" or "Bond Measure") on the ballot:
  3. CHINO VALLEY UNIFIED SCHOOL DISTRICT STUDENT ACHIEVEMENT, REPAIR AND SAFETY MEASURE. To upgrade neighborhood schools and retain/attract quality teachers by repairing deteriorating classrooms/restrooms; replacing deteriorating, rusty pipes/ensuring safe drinking water; removing asbestos/lead paint; upgrading fire safety, science/computer labs, wiring, classroom technology; repairing, constructing, acquiring educational facilities, sites, equipment; shall Chino Valley Unified School District issue $750,000,000 in bonds, at legal interest rates, requiring annual audits, independent citizens' oversight, no money for administrators' salaries/pensions, all funds used locally?

    August 4, 2016
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  4. (c) Voter Pamphlet. The Registrar is hereby requested to reprint the Ballot Measure in its entirety (its "full text") as set forth in Exhibit A in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. If the full text of the Ballot Measure is not reprinted in the voter information pamphlet in its entirety, the Registrar is hereby requested to print, immediately below the impartial analysis of the Ballot Measure, in no less than 10 point boldface type, a legend substantially as follows:
  5. "The above statement is an impartial analysis of Measure ___. If you desire a copy of the measure, please call the San Bernardino County Registrar of Voters at (909) 387 - 8300 or the Chino Valley Unified School District at (909) 628-1201, and a copy will be mailed at no cost to you. Measure __ is also available at http://www.chino.k12.ca.us"
  6. (d) Accountability Measures. As required by Section 53410 of the Government Code, a statement in substantially the following form shall be included on the Bond Measure ballot, and the Board covenants to comply with the reporting requirements contained in Section 53411 of the Government Code:
  7. Accountability Measures

    As required by Section 53410 of the Government Code, the following accountability measures are hereby made a part of the Bond Measure:

    1. (i) The specific purpose of the bonds is set forth in the full text of the Bond Measure;
    2. (ii) The proceeds from the sale of the District's bonds will be applied only for the purposes specified in the Bond Measure, and not for any other purpose;
    3. (iii) The proceeds of the Bonds will be deposited into a Building Fund to be held by the San Bernardino County Treasurer, as required by the Education Code; and
    4. (iv) The Superintendent of the District shall cause an annual report to be filed with the Board of Education of the District, the first report to be filed not later than one year after the issuance of the first series of the Bonds, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in the Bond Measure, as required by Sections 53410 and 53411 of the Government Code."
  8. (e) State Matching Funds. The District hereby requests that the Registrar include the following statement in the ballot pamphlet, pursuant to Section 15122.5 of the Education Code:
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    "Approval of Measure ___ does not guarantee that the proposed project or projects in the Chino Valley Unified School District that are the subject of bonds under Measure ___ will be funded beyond the local revenues generated by Measure ___. The school district's proposal for the project or projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure."
  10. (f) Required Vote. Pursuant to Section 18, Article XVI and Section 1, Article XIII A of the Constitution of the State, the foregoing Bond Measure shall become effective upon the favorable vote of no less than 55% of those qualified voters voting on the proposition.

Section 4. Consolidation of Bond Election; Services of County. Pursuant to Section 1258 of the Education Code, the Superintendent of the District is hereby authorized to contract with the Registrar; the District hereby requests and authorizes the San Bernardino County Board of Supervisors to permit the County Elections Officials to render and perform such duties as may be required by law, necessary or useful, or customary and appropriate in the conduct of the Bond Election, including the consolidation of the Bond Election with the general primary election within the territory of the District being conducted on the Election Date.

The precincts, polling places for said precincts in the County, and persons appointed and designated to serve as election officers for the Bond Election will be those determined, designated, and appointed pursuant to state law by the Registrar. The County is hereby requested to tally and canvass the returns of the election, in accordance with Section 10411 of the Elections Code. The District agrees to reimburse the County for all services related to the Bond Election, such services to include the publication of the Formal Notice and a Tax Rate Statement (described in Section 9401 of the Elections Code) pursuant to the terms of 5363 of the Education Code and Section 12112 of the Elections Code.

Section 5. Approval of Project List; Accountability Safeguards. The District has heretofore caused to be prepared a facilities master plan (the "Facilities Master Plan") to evaluate and address capital improvement needs of the District that may be met, among other things, through the issuance of the Bonds. From the Facilities Master Plan, certain projects have been selected and identified on Exhibit A hereto, which is incorporated herein by this reference, and are hereby certified by the Board as the Project List (the "Project List") for funding, either in whole or in part, with the proceeds of the Bonds. This certification of the Project List shall not be interpreted by and does not constitute an official approval of any listed project for CEQA or other purposes, but only as a statement of present intention of the Board. Furthermore, the listing of a capital improvement on the Project List does not imply any particular prioritization among such improvements, which remains the province of the Board by subsequent action. Notwithstanding the foregoing, only those acquisitions and other capital improvements included on the Project List may be funded, in whole or in part, with the proceeds of the Bonds. The costs of particular project components included in the Facilities Master Plan and which form the basis for the Project List are estimates only and not final cost statements. Additional moneys may be obtained for listed projects, in supplementation of the Bond proceeds, from any lawful source of moneys.

The Board hereby confirms that it has, in the development of the Project List, evaluated and taken into consideration safety, class size, and technology needs.

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Pursuant to Section 15278 et seq. of the Education Code, within 60 days following the certification by the Board of the official results of the Bond Election by the County, the Board is required to appoint a Citizens Oversight Committee (the "Committee") to insure the District's compliance with the foregoing restrictions and to perform the duties established under the Education Code for such committees. If and when the official results of the Bond Election are certified by the Board, demonstrating that more than 55% of the qualified voters at the Bond Election voted to approve the Bond Measure, then the Board shall appoint the Committee as required by Proposition 39. To assist the Committee in its statutory obligations, the District shall cause to be conducted an annual independent performance audit and an annual independent financial audit on the expenditure of Bond proceeds; the audits shall be performed under contract with appropriate persons or firms as shall be subsequently brought for approval before the Board. The financial audit may be consolidated with the annual audit of the District's financial statement and may be performed by the same accounting firm, without further approval by the Board. The results of the annual audits performed hereunder shall be reported to the Board and to the Committee at least annually, and more often, if the Board shall so direct.

Section 6. No Administrators' or Teachers' Salaries to Be Paid from Bond Proceeds. In accordance with Proposition 39, the Board hereby confirms that no administrators' or teachers' salaries shall be paid or reimbursed, in whole or in part, from Bond proceeds, nor shall such proceeds be used to pay any other operating expenses of the District. Notwithstanding the foregoing, costs of administering the Bond Election and costs of issuance of the Bonds shall be lawful charges against Bond proceeds.

Section 7. Other Terms of the Bonds. Terms of each series of Bonds issued following the Bond Election shall be established at the time of sale thereof. The Bonds shall bear or accrete interest at rates not to exceed the maximum legal interest rate per annum, and shall mature and be paid at various dates no later than 40 years following their date of issuance, or, in the case of bonds, the interest on which is compounded, shall mature no later than 25 years following their date of issuance.

Section 8. Delivery of Order of Election. The Clerk of the Board is hereby directed to deliver as soon as practicable, and in any event no later than August 12, 2016, which is a date no less than 88 days prior to the date of the Bond Election, one certified copy of this Resolution to the Registrar, together with the Tax Rate Statement attached hereto as Exhibit B, to be executed by the President of the Board, the Superintendent, the Assistant Superintendent of Business Services of the District, or any designee of the foregoing, and shall file a certified copy hereof with the Clerk of the Board of Supervisors of the County.

Section 9. Ballot Arguments. The members of the Board, or any one member or group thereof, are hereby authorized, but not directed, to prepare and file a formal Argument in Favor of the Bond Measure, with the Registrar within the time limits established for such arguments by the Registrar.

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Section 10. Reimbursement of Qualified Project Expenditures. The reimbursement of the Reimbursable Expenses is consistent with the District's budgetary and financial circumstances. There are no funds or other sources of money of the District or any related person or controlled entity, that have been, or are reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside to pay the costs of the projects on the Project List to be paid or reimbursed out of the proceeds of the Bonds. The District reasonably expects to reimburse capital expenditures with respect to the projects on the Project List with proceeds of bonds that may hereafter be executed and delivered by or on behalf of the District, and this resolution shall constitute a declaration of official intent under the Treasury Regulations. This Resolution is adopted for purposes of establishing compliance with the requirements of section 1.150-2 of the Treasury Regulations. This Resolution does not bind the District to make any expenditure, incur any indebtedness or proceed with the financing, acquisition or construction of the projects on the Project List. The District recognizes that reimbursement allocations to which section 1.150-2 of the Treasury Regulations applies by reason of this Resolution generally include only reimbursements of payments originally for capital expenditures made not earlier than 60 days prior to the date of adoption of this Resolution. The maximum principal amount of Bonds and other obligations expected to be issued for the projects on the Project List is $750,000,000.

Section 11. Bond Counsel. The Board hereby approves the retention of Norton Rose Fulbright US LLP as bond counsel in connection with the Election and subsequent issuances of bonds thereunder, pursuant to a contract to be entered into by the District.

Section 12. Ratification. All actions heretofore taken by the officers, or their respective designees, employees and agents of the Board and the District in connection with the financing of the facilities on the Project List are hereby ratified and confirmed. The officers and their designees, the employees and agents of the Board and the District are hereby authorized to take any and all actions in connection with the financing of such facilities and as may be necessary and consistent with the purposes of this Resolution.

Section 13. Authorization of Further Acts. The members of the Board, the Superintendent, any assistant thereto, and all other staff or officers of the District are hereby authorized and directed, individually and collectively, to do any and all things necessary or advisable to effectuate the purposes of this Resolution.

Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption by 2/3 of the members of the Board.

[Remainder of page intentionally left blank.]

August 4, 2016
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PASSED AND ADOPTED this 4th day of August, 2016, by the Board of Education of Chino Valley Unified School District, at Chino, California, by the following vote:

AYES: Members: _________________________________________________

NOES: Members: _________________________________________________

ABSENT: Members: _________________________________________________

ABSTAIN: Members: _________________________________________________

By:_____________________________
Andrew Cruz, President

Board of Education

ATTEST:

By:_______________________________
Wayne M. Joseph, Superintendent

Secretary, Board of Education

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