Ontario-Montclair Schools: Vote Yes on Measure K 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 K

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 K Question

Ontario-Montclair School District Measure
Measure K

ONTARIO-MONTCLAIR SCHOOL DISTRICT REPAIR, STUDENT SAFETY, CLASSROOM TECHNOLOGY MEASURE. To repair aging classrooms in order to maintain student health/ safety and retain/attract quality teachers, remove /lead paint, repair restrooms/ , upgrade disabled access, school security/fire safety, increase water conservation/energy efficiency, improve technology/computer/science labs, repair, construct, acquire/retrofit school facilities, sites/ equipment, shall Ontario-Montclair School District issue $150,000,000 in bonds, at legal rates, requiring independent audits, citizens' oversight, keeping all funds 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 K

PR-9011-IA-1

BOND MEASURE K
ONTARIO-MONTCLAIR SCHOOL DISTRICT

IMPARTIAL ANALYSIS OF BOND MEASURE K

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

Bond Measure K is submitted to the voters by the Ontario-Montclair School District ("District") to authorize the District, in order to maintain student health/safety and retain/attract quality teachers, to repair aging classrooms remove asbestos and lead paint, repair restrooms and leaky, deteriorating roofs; upgrade disabled access, school security, and fire safety; increase water conservation and energy efficiency, improve technology, and computer and science labs; repair, construct, acquire and retrofit school facilities, sites, and equipment.

A "yes" vote by at least fifty-five percent (55%) of the voters voting on this measure will authorize the Board of Trustees of the District to issue and sell bonds to benefit the District in the amount of one hundred fifty million dollars ($150,000,000). If fewer than fifty-five percent (55%) of the voters voting on this measure vote "yes", the Board of Trustees of the District will not be authorized to issue and sell the $150,000,000 in bonds set forth in the measure.

The bond 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

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

Argument in Favor of Measure K

PR-9011-AF-1

ARGUMENT IN FAVOR OF BOND MEASURE K

This Argument in Favor of Bond Measure K 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.

Repair Aging Schools and Prepare Students for College and Careers - Vote Yes on K!

Our Ontario & Montclair students deserve safe schools and quality education -- vote YES on K to support our local, award-winning elementary and middle schools.

Our local elementary and middle schools lack the essential, up-to-date technology necessary for success in preparing for college and the 21st Century economy. YES on K upgrades technology, addresses school health and safety needs, provides clean, safe classrooms, and ensures the quality classrooms and science labs that attract and retain quality teachers.

And did you know that many of our schools were built decades ago—and some are over 75 years old?

YES on K fixes deteriorating classrooms and restrooms
YES on K replaces outdated air conditioning systems
YES on K removes mold, asbestos and lead paint
YES on K repairs leaky, deteriorating roofs and improves school water efficiency systems
YES on K updates accessibility for disabled persons

A UCLA study showed that over 40% of children in Ontario and Montclair are overweight––among the highest rates in the county. YES on K keeps kids healthy by providing the physical education facilities that prevent childhood obesity and keeps kids out of trouble and performing well in school.

By law, YES on K has strict fiscal accountability requirements:

  • ? ALL funds are required to be used LOCALLY in our neighborhood elementary and middle schools
  • ? Independent Citizens' Oversight and annual financial audits
  • ? NO money for pensions or administrator salaries!
  • ? NO money can be taken by Sacramento politicians!

GOOD SCHOOLS PROTECT PROPERTY VALUES and KEEP NEIGHBORHOODS DESIRABLE!

Join teachers, parents, community leaders and business owners in voting - YES on K! Learn more and remember to vote: www.RepairOMSDSchools.com

s/ Paul M. Eaton
Mayor, City of Montclair

s/ Paul S. Leon
Mayor, City of Ontario

s/ Theodore "Ted" Alejandre
SB County Superintendent of Schools

s/ MaryKay Scheid
President, Ontario-Montclair Teachers Association

s/ Tania Salas
Buena Vista E.S & Vernon M. School Parent, District English Learner Advisory Council (DELAC)

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

Rebuttal to Argument in Favor of Measure K

PR-9011-RF-1

REBUTTAL TO ARGUMENT IN FAVOR OF BOND MEASURE K

This Rebuttal to Argument in Favor of Bond Measure K 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 K. It is a bad investment.

Sadly, the Ontario-Montclair School Board is not proposing any overhauls that will raise test scores.

The majority of the students in the District get free meals. How will these families provide for their children when they have more money coming out of their weekly meal budget to pay for this new tax?

The district received almost another $130 million from the State on top of the $59 million they got from you on the last bond that they have not paid off. But that wasn't enough to fix up our schools. They also want you to buy, paint, carpet, grass (during a drought), cameras, cabinets, and parking lots. These items should be paid for out of the on going maintenance budget, not a bond!

The School Board wants to fix leaky roofs. Why weren't they fixed before? The School Board want to buy computers; but who buys a computer and pays for it on a 30 year loan. The computer is outdated in a few years

Say:

  • * NO to carpet
  • * NO to landscaping
  • * NO to poor planning
  • * NO to cabinets
  • Send the School Board members back to the classroom to do their homework and find REAL IMPROVEMENTS for Ontario-Montclair students!

    Please join us in NO to Bond Measure K!

    s/ Earl DeVries
    California Taxpayer Protection Committee Member

    s/ Chris Olson
    Montclair, CA Resident

    s/ Lorena Masonis
    Ontario, Resident

    s/ Donald J. Lucchesi
    Ontario, Resident

    s/ Ly S. Kou
    Ontario, CA Resident

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

    Argument Against Measure K

    PR-9011-AA-1

    ARGUMENT AGAINST BOND MEASURE K

    This Argument Against Bond Measure K 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 K.

    Children and grandchildren not yet born will be forced to continue to pay for obsolete computers for the next 30 years!

    We won't be done paying off the current Ontario-Montclair Unified School District $59 million bond until 2034. But now they want $150 million more!

    The School Board's wish list includes getting rid of asbestos and lead paint. Why weren't these health and safety problems fixed already? But they did have money in their budget to put up a huge digital message board at Bon View Elementary this year. (More 'electronic marquees' are wanted; see Exhibit B). Obviously the poisons of lead and asbestos in the schools were not a priority.

    But this bond has:

    ? NO protection from this new tax on senior citizens or those on limited incomes
    ? NO guarantee that money currently spent on facilities and school supplies will not be transferred for more administration and salaries

    Vote NO on Bond Measure K.

    ? NO to poor planning
    ? NO to digital message board
    ? NO to higher taxes
    ? NO to obsolete computers

    An oversight committee has no authority to reduce the project costs and lower the amount of bond money used.

    None of the information put on this ballot by the School Board members shows the actual cost of the projects they propose. They have no firm price, except that our TAXES WILL GO UP!

    Send the School Board back to our schools to do their homework!

    Taxpayers lose with Bond Measure K. Parents lose with Bond Measure K.
    Students lose with Bond Measure K. Everyone loses with Bond Measure K.

    s/ Earl DeVries
    California Taxpayer Protection Committee Member

    s/ Chris Olson
    Montclair, CA Resident

    s/ Lorena Masonis
    Ontario, Resident

    s/ Donald J. Lucchesi
    Ontario, Resident

    s/ Ly S. Kou, Ontario
    CA Resident

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

    Rebuttal to Argument Against Measure K

    PR-9011-RA-1

    REBUTTAL TO ARGUMENT AGAINST BOND MEASURE K

    This Rebuttal to Argument Against Bond Measure K 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.

    Are the opponents even current parents in our schools? Have they bothered to research our aging schools' needs? We think not.

    Some of our schools are over 75 years old. That's as far back as 1941, the same decade the slinky and computer were invented.

    Yes on K keeps kids safe by making critical health/safety upgrades to update our schools and prepare local students for college and careers.

    HERE ARE THE FACTS OPPONENTS THINK YOU'LL IGNORE

    FACT: OMSD takes the stewardship of your taxpayer dollars seriously. To ensure every dime possible contributes to quality education, OMSD has already implemented pension reform and recently saved taxpayers more than $3,000,000.

    FACT: Over the past two years OMSD received input from thousands of residents, teachers, parents and community members on the careful crafting of Bond Measure K to make sure Yes on K addresses the community's top priorities for local students.

    FACT: The drought has made conserving water and saving money more important than ever! Yes on K will help OMSD use water more efficiently, upgrade water pipes/drinking fountains, significantly in the long run and protecting our water supply.

    YES on K is FISCALLY ACCOUNTABLE. Strict taxpayer safeguards, including annual independent audits and an independent citizen's oversight committee, are required.

    BY LAW -- NO funds can be taken by Sacramento or spent on pensions/administrators' salaries.

    Join teachers, parents, community leaders and business owners in voting - YES on K – Keep Kids Safe! Learn more and remember to vote local: www.RepairOMSDSchools.com

    s/ Gary Ovitt
    Chaffey College Trustee, Former SB County Supervisor, City of Ontario Mayor, City of Ontario Council

    s/ Shawn Guthrie
    Parent and PTO President at Monte Vista Elementary School, Member OMSD Blue Ribbon Facilities Committee

    s/ Bertha Diaz
    DELAC President, Parent at El Camino Elementary School, OMSD Bond Oversight Committee Member

    s/ Peggi Hazlett
    President/CEO, Ontario Chamber of Commerce

    s/ Myra Kirscht
    President/CEO, Montclair Chamber of Commerce

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    Full Text of Measure K

    EXHIBIT B

    FULL TEXT BALLOT PROPOSITION
    OF THE ONTARIO-MONTCLAIR SCHOOL DISTRICT
    BOND MEASURE ELECTION NOVEMBER 8, 2016

    The following is the full proposition presented to the voters by the Ontario-Montclair School District.

    "ONTARIO-MONTCLAIR SCHOOL DISTRICT REPAIR, STUDENT SAFETY, CLASSROOM TECHNOLOGY MEASURE. To repair aging classrooms in order to maintain student health/safety and retain/attract quality teachers, remove asbestos/lead paint, repair restrooms/leaky, deteriorating roofs, upgrade disabled access, school security/fire safety, increase water conservation/energy efficiency, improve technology/computer/science labs, repair, construct, acquire/retrofit school facilities, sites/equipment, shall Ontario-Montclair School District issue $150,000,000 in bonds, at legal rates, requiring independent audits, citizens' oversight, keeping all funds local?"

    PROJECT LIST

    The Board of Trustees ("Board") of the Ontario-Montclair School District is committed to repairing its old schools and attracting and retaining quality teachers by fixing deteriorating classrooms, leaky, deteriorating roofs, and ensuring the safety and security of all students. To that end, the Board received input from teachers, staff and the community and evaluated the District's urgent and critical facility needs, including the need for up-to-date technology, safety issues, class size reduction, computer and information technology, and prepared a Facilities Master Plan presented to the Board on May 5, 2016, which the Plan is incorporated herein in its entirety, in developing the scope of projects to be funded. Therefore, in approving this Project List, the Board of Trustees determines that the District must:

    1. (i) Attract and retain quality teachers; and
    2. (ii) Provide clean and safe classrooms, and a quality learning environment for current and future students; and
    3. (iii) Remove hazardous materials like asbestos from older school sites; and
    4. (iv) Update accessibility for disabled persons; and
    5. (v) Adhere to specific fiscal accountability safeguards such as:
      1. (a) Ensure all funds are only used locally,
      2. (b) Prohibit the State from taking any of the funds raised,
      3. (c) Require that expenditures must be subject to annual independent financial audits, and
      4. (d) Require independent citizens' oversight of bond funds

    (Ref. H 5.10)

    The Project List includes the following at District schools and sites:

    REPAIR OLD SCHOOLS; WATER EFFICIENCY:
    Renovation, Repair, Recycling, and Upgrade Projects

    Goal and Purposes: Many local schools were built decades ago and need significant repairs - including schools that are over 75 years old. This measure will fix deteriorating classrooms, bathrooms, and leaky, deteriorating roofs, remove asbestos and lead paints, and replace outdated air conditioning so children can learn in safe, healthy classrooms.

    California's drought has made conserving water and saving money on utilities more important than ever. We need to make improvements that will help our schools use water more efficiently, including installing water recycling systems and upgrading water pipes and drinking fountains, which can significantly reduce costs in the long run and protect our water supply.

    • • Remove asbestos
    • • Replace aging water pipes, and drinking fountains
    • • Repair aging classrooms, bathrooms and leaky, deteriorating roofs
    • • Improve accessibility for disabled persons
    • • Upgrade outdated heating, plumbing and electrical systems and gas lines
    • • Install water conservation and water recycling systems at schools
    • • Upgrade fire alarms systems, including fire safety doors, smoke alarms, and detectors.
    • • Remove lead paint

    STUDENT HEALTH AND SAFETY:
    Improve Student Safety and Security Projects

    Goal and Purpose: This measure will upgrade school security to prevent violent intruders from entering campuses and prevent tragedies at our neighborhood schools. By funding the installation of special door locks for emergency school lockdowns, and up-to-date security cameras so police can arrest people who vandalize schools, we can make our schools safer.

    • • Upgrade fire safety systems
    • • Ensure safe drinking water for students
    • • Remove hazardous materials, like asbestos, from older school sites
    • • Provide disabled accessibility
    • • Retrofit buildings to meet earthquake safety standards
    • • Upgrade school safety to prevent intruders

    (Ref. H 5.11)

    UPGRADE TECHNOLOGY:
    District-Wide Instructional Technology and Wiring Projects
    To Provide a 21st Century Education

    Goal and Purpose: Our local elementary and middle schools are lacking the up-to-date technology students need to succeed. This measure will ensure all students get access to computers and the instructional technology in the classroom they need. Classrooms, science labs and computer labs will be upgraded, and electrical systems and wiring improved for computers and internet access, to ensure our students have equal access to competitive 21st Century learning.

    • • Upgrade electrical systems and wiring for computer technology and internet access.
    • • Upgrade elementary and middle school computer and science labs.

    ***

    The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program management, staff training expenses and a customary contingency, and escalation for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the payment of the costs of preparation of all facility planning, facility assessment reviews and master plans, environmental studies, construction documentation, inspection and permit fees, and temporary housing of dislocated District activities caused by bond projects. The upgrading of technology infrastructure includes, but is not limited to, servers, switches, routers, modules, computers, districtwide computer labs upgrades, smart boards, cameras, sound projection systems, wiring every classroom for internet connectivity, wireless networks, wireless access points and controllers, portable interface devices, mobile device management systems, printers, upgraded voice-over-IP, phone systems, call manager and network security/firewall, and other miscellaneous equipment. The repair and improvement of school facilities includes the following types of projects: install or acquire energy efficiency improvements for school buildings, including solar projects; install energy efficient lighting, air conditioning, heating, insulation and ceiling systems, and windows; construct, upgrade, repair or install school site parking, campus accessibility, utilities, plumbing, gas lines, playground equipment, hard court surfaces, general site paving, learning walls, tack boards, cabinets, tutoring rooms, restrooms, interior and exterior lighting, water heaters, boilers, walkway covers and casework, signage, electronic marquees, asphalt, fire sensors, shade structures, outdated heating and air conditioning systems, physical education facilities, gyms, lockers, bleachers, multipurpose rooms used for after-school programs, assemblies, sports, performing arts and serving meals, playgrounds, play fields, including turf and artificial turf; provide on-campus health care clinics and after-school tutoring space; improve food service facilities; enlarge, upgrade or build media/library centers, kitchens and lunch shelters, site classrooms and administration buildings, staff lounges; construct or upgrade child care facilities; upgrades and reconfigure parking lots and drop off/pick up zones to improve student safety; upgrade electrical wiring and systems; renovate and paint interior and exterior building surfaces to extend their useful life; improve security, install safety, security and communication systems and equipment, windows and floor coverings (including tiles and carpeting); build or upgrade irrigation systems; make improvements and acquire furnishings and/or other electronic equipment and 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 (Ref. H 5.12) funds, which the District will aggressively pursue to reduce the District's share of the costs of the projects, the District may not be able to complete some of the projects listed above. The budget for each project is an estimate and may be affected by factors beyond the District's control. Some projects throughout the District may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans are finalized, construction bids are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating enhanced and operationally efficient campuses. Necessary site preparation/restoration and landscaping, may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, redirecting fire access, and acquiring any necessary easements, licenses, or rights of way to the property.

    Bond proceeds shall be expended only for the specific purposes identified herein. for the cost of District staff when performing work on or to the bond projects. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.

    FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE BOARD OF TRUSTEES 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 funds shall not be temporarily transferred to the District's general fund for administrative purposes.

    (Ref. H 5.13)

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    Measure K Tax Rate Statement

    PR-9011-TR-1

    TAX RATE STATEMENT FOR BOND MEASURE K

    TAX RATE STATEMENT
    REGARDING PROPOSED
    $150,000,000
    ONTARIO-MONTCLAIR SCHOOL DISTRICT
    GENERAL OBLIGATION BONDS

    An election will be held in Ontario-Montclair School District (the "District") on November 8, 2016 for the purpose of submitting to the electors of the District the question of issuing bonds of the District in the principal amount of $150 million. 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 to comply 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 estimated assessed valuations available at the time of the filing of this statement, or on a projection based on experience within the District or other demonstrable factors, is $0.030 per $100 ($30.00 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, or on a projection based on experience within the District or other demonstrable factors, is $0.030 per $100 ($30.00 per $100,000) of assessed valuation of all property to be taxed and the year 2025-26.

    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, or on a projection based on experience within the District or other demonstrable factors, is $0.030 per $100 ($30.00 per $100,000) of assessed valuation of all property to be taxed, which is projected to be the same in every fiscal year that the bonds remain outstanding.

    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 $300 million.

    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 PR-9011-TR-2 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.

    __________________________
    s/ Superintendent
    Ontario-Montclair School District

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    Measure K Agenda Description

    Agenda of July 7, 2016 (complete item)

    ONTARIO-MONTCLAIR SCHOOL DISTRICT

    Ontario, California

    July 7, 2016

    TO: Elvia Rivas, President, and Board of Trustees

    FROM: James Q. Hammond, Superintendent

    SUBJECT: Presentation on Resolution 2016-17-03, Ordering a General Obligation Bond Election and Establishing Specifications of the Election Order

    REQUESTED ACTION

    Receive for information the presentation on Resolution 2016-17-03, Ordering a General Obligation Bond Election and Establishing Specifications of the Election Order as presented by Phil Hillman, Chief Business Official.

    BACKGROUND INFORMATION

    Over the past year, the Board received several presentations related to the District's Facilities Master Plan (FMP) process. This process was extensive and stakeholder engagements included community, staff and parent input. Based on the feedback received, priorities included items such as school safety, upgrading outdated facilities, and retaining and attracting quality teachers. The District's most recent FMP shows an approximated cost of $361 million.

    For the past six months, the Board received various iterations of the FMP and potential funding sources/initiatives to help fund projects on the plan. The presentation on Resolution 2016-17-03, Ordering a General Obligation Bond Election, and Establishing Specifications of the Election Order (Agenda Item H.5), which calls an election within the District for the purpose of approving general obligation bonds, will provide additional information regarding this process.

    Prepared by: Phil Hillman, Chief Business Official /s/

    FINANCIAL IMPLICATIONS

    No cost for this presentation.

    Reviewed by: Phil Hillman, Chief Business Official /s/

    STAFF RECOMMENDATION

    The Superintendent recommends the Board receive for information the presentation on Resolution 2016-17-03, Ordering a General Obligation Bond Election and Establishing Specifications of the Election Order.

    Approved by: James Q. Hammond, Superintendent /s/

    (Ref. E 2.1)

    ONTARIO-MONTCLAIR SCHOOL DISTRICT

    Ontario, California

    July 7, 2016

    TO: Elvia M. Rivas, President, and Board of Trustees

    FROM: James Q. Hammond, Superintendent

    SUBJECT: Adoption of Resolution 2016-17-03, Ordering a General Obligation Bond Election and Establishing Specifications of the Election Order

    REQUESTED ACTION

    Approve the Adoption of Resolution 2016-17-03, Ordering a General Obligation Bond Election and Establishing Specifications of the Election Order.

    BACKGROUND INFORMATION

    Over the past two years, the Ontario-Montclair School District has been engaging the community regarding school repair and upgrade needs in the District. Our District's priorities currently include: retaining and attracting quality teachers, updating accessibility for disabled persons, removing hazardous materials, providing clean and safe classrooms and a quality learning environment for students, repairing aging classrooms, restrooms and leaky/deteriorating roofs, and upgrading safety systems. As a result, the most recent Facilities Master Plan includes potential modernization and new construction projects estimated to cost over $360 million. Currently, we do not have access to the funds necessary to address the projects in the Facilities Master Plan.

    Resolution 2016-17-03, (Reference H 5.3-5.13) Ordering a General Obligation Election, and Establishing Specifications of the Election Order calls an election within the District for the purpose of approving general obligation bonds, requests that the San Bernardino County Registrar of Voters conduct the election on behalf of the District, and authorizes 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 Trustees to order school district bond elections. The San Bernardino 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, and describes 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 (Ref. H 5.1)
    Resolution 2016-17-03, Ordering a General Obligation Bond Election and Establishing Specifications of the Election Order
    Page 2
    delivered to the Registrar of Voters and the Board of Supervisors. State law requires that 2/3 of a school board support the resolution calling an election requiring 55% voter approval. Thus, at least four ( 4) Board members must vote "Yes" in order to call the election.

    As provided in Section 10 of Resolution 2016-17-03, the District agrees to reimburse San Bernardino County for all election services specified by Elections Code 10418 relating to the election. Such services 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).

    Prepared by: Phil Hillman, Chief Business Official /s/

    FINANCIAL IMPLICATIONS

    As noted above and as provided in Section 10 of Resolution 2016-17-03, the District agrees to reimburse San Bernardino County for various election services costs specified by Elections Code 10418 relating to the election.

    Reviewed by: Phil Hillman, Chief Business Official /s/

    SUPERINTENDENT'S RECOMMENDATION

    The Superintendent recommends the Board approve the Adoption of Resolution 2016-17-03, Ordering a General Obligation Bond Election, and Establishing Specifications of the Order.

    Approved by: James Q. Hammond, Superintendent /s/

    (Ref. H 5.2)

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

    Measure K Resolution

    ONTARIO-MONTCLAIR SCHOOL DISTRICT
    RESOLUTION NO. 2016-17-03

    ORDERING A GENERAL OBLIGATION BOND ELECTION
    AND ESTABLISHING SPECIFICATIONS OF THE
    ELECTION ORDER

    WHEREAS, the Board of Trustees (the "Board") of the Ontario-Montclair School District (the "District") is committed to maintaining the quality of education in local public schools by updating classroom technology, improving school safety, and making basic repairs to all schools; and

    WHEREAS, since the District wants our students prepared to succeed in a 21st Century economy, children need updated full-service elementary and middle schools which are accessible, free of hazardous materials, and clean and safe learning environments; and

    WHEREAS, the Board believes that to achieve that goal the District must attract and retain quality teachers and maintain and repair classrooms, facilities and equipment, as needed, so that all facilities and campuses are more energy efficient, safe, secure and up-to-date and upgrade physical education facilities important for student health and academic performance; and

    WHEREAS, to reduce costs in the long run and protect our water supply, the District wants to make improvements that will help our schools use water more efficiently, including installing water recycling systems and upgrading water pipes and drinking fountains; and

    WHEREAS, the State of California (the "State") does not provide the District with enough money for the District to adequately upgrade 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 impact on protecting student safety, improving schools and attracting and retaining quality teachers; and

    WHEREAS, many local elementary and middle schools were built decades ago and need significant repairs, including schools that are over 75 years old, and in order to maintain award-winning education and top test scores, the District must invest in updating technology and its classrooms; and

    WHEREAS, such a measure also can provide funds that cannot be taken away by the State; and

    WHEREAS, such a measure must include mandatory taxpayer protections, including an independent citizens' oversight committee and mandatory 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

    (Ref. H 5.3) for ad valorem tax levies used to pay for debt service on bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and

    WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Section 15264) of the Education Code (the "Act") became operative and established requirements associated with the implementation of Proposition 39; and

    WHEREAS, the Board desires to make certain findings herein to be applicable to this election order and to establish certain performance audits, standards of financial accountability and citizen oversight that are contained in Proposition 39 and the Act; and

    WHEREAS, the Board 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 tax rate statement and ballot argument in favor of the proposition to be submitted to the voters at the election; and

    WHEREAS, pursuant to the 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 San Bernardino County Registrar of Voters to perform certain election services for the District.

    (Ref. H 5.4)

    NOW THEREFORE, THE BOARD OF TRUSTEES OF THE ONTARJO-MONTCLAIR SCHOOL DISTRJCT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

    Section 1. That the Board, pursuant to Education Code Sections 15100 et seq., 15264 et seq., and Government Code Section 53506, hereby requests the San Bernardino County Registrar of Voters to conduct an election under the provisions of Proposition 39 and the Act and submit to the electors of the District the question of whether bonds of the District in the aggregate principal amount of up to $150,000,000 (the "Bonds") shall be issued and sold for the purpose of raising money for the projects described in Exhibits "A" and "B" hereto. Both exhibits are directed to be printed in the voter pamphlet.

    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 compliance with Proposition 39 and the Act, the ballot propositions in Exhibits "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 other school operating expenses;
    2. (b) that the Board, in establishing the projects set forth in Exhibit "B," evaluated student safety and security, teacher retention, class size reduction, and educational and information technology needs of the District;
    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 initially 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 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 is both a parent of a child in the District schools and active in a school site council or PT A. 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:
    6. (Ref. H 5.5)

      1. (i) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
      2. (ii) Inspect District facilities and grounds to ensure that Proposition 39 bond revenues are expended in compliance with applicable law;
      3. (iii) Receive and review copies of all deferred maintenance proposals or plans developed by the District;
      4. (iv) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs;
      5. (v) Receive from the Board, within three months of District receiving the abovereferenced audits, responses to any and all findings, recommendations, and concerns addressed in said audits, and review said responses; and
    7. (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 Sections 5322.

    Section 6. That the San Bernardino County Registrar of Voters and the San Bernardino 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 described 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 San Bernardino County Registrar of Voters no later than August 12, 2016.

    Section 8. The Bonds shall be issued pursuant to Section 15264 et seq. of the Education Code 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 (Ref. H 5.6) arguments, as appropriate, to be filed with the San Bernardino 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 San Bernardino 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 San Bernardino 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 Section 5363 of the Education Code and Elections Code Section 12112.

    ADOPTED, SIGNED AND APPROVED this 7th day of July, 2016.

    BOARD OF TRUSTEES OF THE ONTARIO-
    MONTCLAIR SCHOOL DISTRICT

    By
    President

    Attest:

    Secretary

    (Ref. H 5.7)

    STATE OF CALIFORNIA )
    )ss
    SAN BERNARDINO COUNTY )

    I, James Q. Hammond, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2016-17-03, which was duly adopted by the Board of Trustees of the Ontario-Montclair School District at the meeting thereof held on the 7th day of July, 2016, and that it was so adopted by the following vote:

    AYES:

    NOES:

    ABSENT:

    ABSTENTIONS:

    By
    Secretary

    (Ref. H 5.8)

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