Campbell Union Schools: Vote Yes on Measure CC Bonds - Santa Clara 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    Resolution  

Commentary on Measure CC

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    Resolution  

Measure CC Question

"To continue providing high-quality education and to ensure equal access to a 21st-century education for all local students by ; upgrading fire alarms and security systems; upgrading science equipment and laboratories; providing access for students and teachers with disabilities; constructing new classrooms and facilities and modernizing old classrooms, shall Campbell Union Elementary School District issue $72 million in bonds at legal interest rates, with citizens' oversight and financial audits with no funds for administrator salaries?"

Bonds Yes Bonds No

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

Impartial Analysis for Measure CC

Approval of Measure CC does not guarantee that the proposed project or projects in the Campbell Union Elementary School District that are the subject of bonds under Measure CC will be funded beyond the local revenues generated by Measure CC. 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.

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE CC

Upon approval of 55 percent of the votes cast by voters in an election and subject to specified accountability measures, California law permits school districts to issue bonds, secured by the levy of ad valorem taxes on property within a district, for the purpose of construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities.

The Governing Board (Board) of Campbell Union Elementary School District (District) proposes issuing bonds in the amount of $72,000,000. As identified in the Measure, bond proceeds could be used for purposes including, but not limited to: (1) repairs, renovation and construction of classrooms, labs, and school facilities; (2) energy efficiency, technology, and infrastructure improvements; (3) student safety and accessibility projects; and (4) exterior and grounds improvements, among others. The Board has certified that it has evaluated safety, class size reduction, and information technology needs in developing its project list. A complete list of projects and allowed expenditures is included in the full text of the Measure.

The California Constitution provides that proceeds of school district bond measures cannot be used for teacher and administrator salaries or other school operating expenses, and requires independent annual performance and financial audits. State law requires the establishment of an independent citizens' oversight committee for ensuring that bond proceeds are expended only for the school facilities on the bond project list included in the Measure.

The District's stated best estimate of the highest tax rate to be levied to fund the proposed bonds is $17.05 per $100,000 of assessed value based on estimated assessed valuations available at the time of the filing of the tax rate statement of the Measure. The District's resolution authorizing the sale and issuance of bonds does not include information about any other District debt obligations that may exist.

Measure CC was placed on the ballot by the Board.

A "yes" vote is a vote to authorize the issuance of the bonds in the amount of $72,000,000 to be secured by the levy of ad valorem taxes on property located within the District.

A "no" vote is a vote to not authorize the issuance of the bonds.

James R. Williams
Acting County Counsel

By: /s/ Danielle L. Goldstein
Deputy County Counsel

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

Argument in Favor of Measure CC

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ARGUMENT IN FAVOR OF MEASURE CC

Vote Yes on CC to complete critical elementary and middle school repairs to ensure all students are equipped for success in the 21st Century.

Many of our neighborhood elementary and middle schools were built in the 1950s and have leaky roofs, aging plumbing and inefficient heating and cooling systems. While some schools have been upgraded, others still need renovation. Measure CC completes these critical repairs to ensure every student has equal access to a high-quality education in safe and modern classrooms.

Currently, our schools are not equipped to meet the growing demand for science, technology, engineering and math (STEM) education. Measure CC expands and upgrades classrooms and labs to prepare our students for successful futures in high school, college and our competitive 21stcentury economy.

of Measure CC is dedicated to improving classrooms and labs in our neighborhood elementary and middle schools to continue improving education for all students. No funds can be taken by the state.

Vote Yes on CC—Modern Classrooms for Every Student

  • • Fix or replace leaky roofs that are over 30 years old
  • • Provide modern science, technology, engineering, art and math classrooms
  • • Upgrade aging plumbing, gas and sewer lines that are over 50 years old
  • • Replace inefficient and failing heating and cooling systems
  • • Upgrade old and inefficient wiring and electrical systems

Every Penny Supports Our Elementary and Middle Schools

  • • All funds will be spent here in local schools and cannot be taken by the state
  • • Annual audits and are required
  • •
  • • Measure CC makes our schools eligible for millions in state and federal matching funds that would not otherwise be available

Please join parents, teachers and local business leaders and vote Yes on CC: provide every child with the best opportunity for success.

/s/ Michael Rich

/s/ Emmanuel Barbara
Vice President, Silicon Valley Education Foundation

/s/ Sam T. Wood
50 Year Campbell Resident

/s/ Anne Sanderfer
CUSD Science Teacher

/s/ Michael F. Kotowski
Campbell Business Owner

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

Rebuttal to Argument in Favor of Measure CC

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE CC

In 2010 voters approved a $150,000,000 bond measure for the purpose of "repairing leaky roofs" and "providing disabled access" throughout the district schools.

Now, just 6 years later, they want to do it all over again, for $72,000,000 more in debt, plus interest costs.

Does your home require roof repairs every 6 years?

Don't you wonder why school roofs require repairs so frequently?

It's amazing how fast classrooms become obsolete these days.

Why wasn't access provided to the disabled 6 years ago as promised?

Can the Campbell Union Elementary School District be trusted with this $72,000,000 bond money debt?

The answer is clearly NO!

They have already been wrongly entrusted with $150 million to upgrade facilities, and now they want another $72 million (saddling us with another 25-30 years of debt!)...to do the same thing all over again.

Are school buildings constructed so poorly that they need repairs every 6 years?

They say they want to upgrade "science equipment and laboratories", but who buys computer equipment that will be obsolete in 3-5 years by taking out a 25-30 loan?

That's nuts, right?

No sane person would take out a loan for 25-30 years to buy technology that's going to be obsolete in 3-5 years. So, why is the District is asking you to do it?

Let's reject these wasteful expenses by voting "NO," on Measure CC.

You can be for schools, for students, for teachers, but against Measure CC.

For more information: www.SVTaxpayers.org/2016-campbell-union-elemetary-school-districtbond

/s/ Mark W.A. Hinkle
President: Silicon Valley Taxpayers Association

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

Argument Against Measure CC

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PR-8540-7ENG

ARGUMENT AGAINST MEASURE CC

In 2010 voters approved a $150,000,000 bond measure for the purpose of "repairing leaky roofs" and "providing disabled access" throughout the district schools.

Now, just 6 years later, they want to do it all over again, for $72,000,000 more in debt, plus interest costs.

Does your home require roof repairs every 6 years?

And one wonders why school roofs require repairs every 6 years.

Why wasn't access provided to the disabled 6 years ago as promised?

It's amazing how fast classrooms become obsolete these days.

Can the Campbell Union Elementary School District be trusted with this $72,000,000 bond money debt?

The answer is clearly NO!

They have already been wrongly entrusted with $150 million to upgrade facilities, and now they want another $72 million (saddling us with another 25-30 years of debt!)...to do the same thing all over again.

Are school buildings constructed so poorly that they need repairs every 6 years?

They say they want to upgrade "science equipment and laboratories", but who buys computer equipment that will be obsolete in 3-5 years by taking out a 25-30 loan?

That's nuts, right?

No sane person would take out a loan for 25-30 years to buy technology that's going to be obsolete in 3-5 years. But, that's just what the District is asking you to do.

Let's reject these wasteful expenses by voting "NO," on Measure CC.

Like us, you can be for schools, for students, for teachers, but against Measure CC.

For more information: www.SVTaxpayers.org/2016-campbell-union-elemetary-school-districtbond

/s/ Mark W.A. Hinkle
President: Silicon Valley Taxpayers Association

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

Rebuttal to Argument Against Measure CC

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REBUTTAL TO ARGUMENT AGAINST MEASURE CC

Measure CC's is opposing every school measure in Santa Clara County. If he lived in our community, he would know that our schools are a top priority and need critical repairs to provide safe, 21st-century classrooms for local students' success.

In 2010, 74% of local voters cast a Yes vote to complete a limited and specific list of critical school repairs. Always fiscally responsible, the Campbell Union School District secured state matching funds to maximize bond projects. View the Citizen Oversight Committee's report at .

Measure CC provides every student with a 21st-century education.

While some of our local elementary and middle schools were upgraded, others are in need of repairs and renovation. Measure CC makes essential repairs like fixing leaking roofs and replacing 50-year-old plumbing to ensure that all students have equal access to safe and modern classrooms.

With a new, growing demand for science, technology, engineering and math (STEM) education, Measure CC is critical to providing the modern labs and classrooms needed for a truly 21st-century education.

Measure CC is dedicated to student success, not administrators.

Strict fiscal accountability ensures that every penny supports students. By law, Measure CC cannot fund administrators' salaries or benefits. 100% of Measure CC stays in our local schools and cannot be taken by the state.

Measure CC means state and federal matching funds.

Measure CC makes our schools eligible for millions in matching funds, saving taxpayers money.

We believe that all local children deserve safe and modern schools.

Join us: Vote Yes on CC.

/s/ Carl Guardino
President & CEO, Silicon Valley Leadership Group

/s/ Juliet Tiffany-Morales
Longtime Resident

/s/ Joe Viramontez
Retired Fire Captain, Santa Clara County

/s/ Robyn Riedstra
PTA President, Rolling Hills Middle School

/s/ Jason Baker
Mayor of Campbell

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Full Text of Measure CC

FINDINGS

The Campbell Union Elementary School District is committed to educating elementary and middle school students to their highest potential with innovative educational programs to prepare them to excel in high school, college and the 21st-century economy.

There is a growing demand for science, technology, engineering, art and math education in the 21st century. In order to continue providing quality academic programs in these areas, which are requirements for success in our competitive world, some local elementary and middle schools are in need of repair and upgrade.

Some schools in our district were upgraded recently but others still require improvements to support a 21st-century education. Addressing identified needs in these neighborhood schools, many of which were built in the 1950s, would help ensure that students at all schools in the District have equal access to safe and modern classrooms.

The CUSD Governing Board has determined that the facility repairs and improvements required are beyond the scope of the District's operating budget.

Because the state has proven an unreliable funding partner for facility repairs and improvements, the Board has deemed it necessary to seek local bond funding for school repairs.

Additionally, funding from a bond measure would allow the District to qualify for state and federal matching funds to repair aging classrooms and labs that would otherwise be unavailable to local schools.

In creating and determining the bond project list, the Board determined that the District should make every effort to:

  • ? Fix or replace leaky roofs that are over 30 years old
  • ? Provide modern science, technology, engineering, art and math classrooms
  • ? Upgrade aging plumbing, gas and sewer lines that are over 50 years old
  • ? Replace inefficient and failing heating and cooling systems
  • ? Upgrade old and inefficient wiring and electrical systems

By law, all revenue would be spent here in local schools and could not be taken away by the state.

In order to ensure that all money is only spent on projects outlined in the Bond Project List and not on teacher or administrator salaries, annual audits and independent citizen oversight are required.

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the District shall be authorized to issue and sell bonds of up to $72 million in aggregate principal amount to provide financing for the specific school facilities projects listed -4- in the Bond Project List attached hereto as Exhibit A, subject to all of the accountability safeguards specified below. Bonds will be issued in one or more series.

ACCOUNTABILITY SAFEGUARDS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the District may be assured that their money will be spent wisely to address specific facilities needs of the District, all 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 section 15264 et seq. of the California Education Code).

Evaluation of Needs. The Governing Board has prepared its Capital Investment Program in order to evaluate and address all of the facilities needs of the District, and to determine which projects to finance from a local bond at this time. The Governing Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List contained in Exhibit A.

Independent Citizens' Oversight Committee. The Governing Board shall establish an independent Citizens' Oversight Committee (section 15278 et seq. of the California Education Code), to ensure bond proceeds are expended only for the school facilities projects listed in Exhibit A. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Governing Board.

Annual Performance Audits. The Governing Board shall cause to conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in Exhibit A.

Annual Financial Audits. The Governing Board shall cause to conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in Exhibit A.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Governing Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent shall cause a report to be filed with the Board no later than January 1 of each year, commencing January 1, 2017, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

BOND PROJECT LIST

The Bond Project List attached to this resolution as Exhibit A shall be considered a part of the ballot proposition, and shall be reproduced in any official document required to contain the full statement of the bond proposition.

-5-

Such projects will be completed as needed. Each project is assumed to include its share of and bond issuance, architectural, engineering, and similar planning costs, construction management, and a customary contingency for unforeseen design and construction costs. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. In addition, certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured. Therefore the Governing Board cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects.

FURTHER SPECIFICATIONS

No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to section 15100 of the California Education Code, and all the enumerated purposes shall constitute the specific single purpose of the bonds, and proceeds of the bonds shall be spent only for such purpose, pursuant to section 53410 of the California Government Code.

Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest will be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature later than shall be permitted by law.

Exhibit A
Page 1

EXHIBIT A

CAMPBELL UNION ELEMENTARY SCHOOL DISTRICT

BOND PROJECT LIST

Bond funds may be spent on the following projects at some or all of the District's sites although there is no guarantee that the bonds will provide sufficient funds to allow completion of all listed projects:

Locations

Blackford School, 1970 Willow Street, San Jose, CA 95125
Campbell Middle School, 295 W. Cherry Lane, Campbell, CA 95008
Capri School, 850 Chapman Avenue, Campbell, CA 95008
Castlemont School, 3040 East Payne, Campbell, CA 95008
Forest Hill School, 4450 McCoy Avenue, San Jose, CA 95130
Lynhaven School, 881 S. Cypress Avenue, San Jose, CA 95117
Marshall Lane School, 14114 Marilyn Lane, Saratoga, CA 95070
Monroe Middle School, 1055 S. Monroe, San Jose, CA 95128
Rolling Hills Middle School, 1585 More Avenue, Los Gatos 95032
Rosemary School, 401 W. Hamilton Avenue, Campbell, CA 95008
Sherman Oaks School, 1800 Fruitdale Avenue, San Jose, CA 95128
Village School, 825 W. Parr Avenue, Campbell, CA 95008
District Office, 155 North Third Street, Campbell, CA 95008
Corporation Yard, 240 Harrison Avenue, Campbell, CA 95008
Former Parkway School, 1800 Fruitdale Avenue, San Jose, CA 95128

Repairs, Renovation, and Construction of Safe and Modern Classrooms, Labs and School Facilities

  • ? Renovate schools for modernization, efficiency, and to facilitate 21st-century educational programs
  • ? Upgrade, renovate, or construct Learning Centers (libraries) and multiuse rooms (cafeterias)
  • ? Renovate, modernize, or construct other educational support facilities
  • ? Construct classrooms, labs, classroom buildings, and other educational facilities to meet the growing demand for science, technology, engineering, art and math education
  • ? Construct new classrooms, classroom buildings, and other educational facilities to meet the requirements of enrollment and class size reduction, eliminate portable classrooms, efficiency, and facilitate educational programs
  • ? Renovate, modernize, or construct and equip school kitchens, cafeterias, and central District kitchen, including food storage, preparation, serving and dining areas
  • ? If and as opportunities become available, and to the extent the Board determines that bond funds are available for the purpose, acquire additional locations and construct, convert, renovate, or improve such additional locations as the Board determines may be necessary and appropriate.
  • ? Construct or renovate restrooms as needed to support population size.
  • ? Renovate, replace, or construct roofing systems, including, but not limited to, roofs, gutters, down spouts, screens, and water damage repairs
  • ? Renovate or construct Americans with Disabilities Act-compliant restrooms and classrooms

Exhibit A
Page 2

Energy Efficiency, Technology & Infrastructure Improvements

  • ? Upgrade, replace or install building systems as needed, including, but not limited to, interior plumbing, electrical wiring, lighting, heating, ventilation and air-conditioning systems
  • ? Upgrade, replace, or install Ethernet or other network access systems, telephone system, radio system, fire alarm system, public address system, intrusion alarm system and video surveillance system, and other security systems
  • ? Acquire and install energy-saving improvements (such as upgraded insulation, efficient lighting, double-pane windows, energy-star appliances)
  • ? Acquire and install solar electricity generation and distribution systems, including rooftop installation of solar panels and structures to support additional solar panels and related infrastructure
  • ? Repair, replace, install, add, or upgrade utility systems/lines as needed, including water lines, gas lines, sewer lines, storm drains, electrical lines and telephone lines, and connections to city systems
  • ? Replace existing or acquire new classroom technology (including but not limited to computers, "smart boards", digital projectors and document cameras) and network equipment (including but not limited to servers, network switches and routers, wireless network equipment, firewalls, and network security equipment)
  • ? Furnish and equip classrooms and other facilities with appropriate items, including, but not limited to, desks, chairs and classroom furniture, and science and lab equipment

Additional Necessary and Incidental Projects, Student Safety and Accessibility Projects

  • ? Remove, dispose of, and otherwise remediate hazardous materials, including asbestos, lead, etc., where necessary
  • ? Other improvements required to comply with existing building codes, including the Field Act, and access requirements of the Americans with Disabilities Act (ADA)
  • ? Address unforeseen conditions revealed by construction/modernization (including plumbing or gas line breaks, dry rot, seismic, structural, etc.)
  • ? Necessary site preparation/restoration in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including demolition of existing structures; removing, replacing, or installing irrigation, drainage, utility lines (gas, water, sewer, electrical, data and voice, etc.), trees and landscaping; relocating fire access roads; and acquiring any necessary easements, licenses, or rights of way to the property
  • ? Rental or construction of storage facilities and other space on an interim basis, as needed, to accommodate construction materials, equipment, personnel, and interim classrooms (including relocatables) for students and school functions or other storage for classroom materials displaced during construction
  • ? Acquisition of any of the facilities on the Bond Project List through temporary lease, lease-purchase, or other appropriate financial arrangements, or execute purchase option under a lease for any of these authorized facilities.
  • ? All other work, furnishing and equipping, necessary and incidental to specific projects described above.

Exhibit A Page 3

Exterior & Grounds Improvements

  • ? Acquire and install exterior safety lighting, campus signage, and fencing
  • ? Construct, repair, replace, renovate and rehabilitate walkways, covered walkways, breezeways and sidewalks
  • ? Repair or upgrade roads and parking, including reconfigured or new pickup/dropoff areas
  • ? Resurface, refurbish, repair, and paint building exteriors as needed
  • ? Repair, replace, and resurface quads and other paved areas, including installation or repair of drainage and installation of seating, tables, lockers, and other amenities
  • ? Expand or construct new storage facilities
  • ? Renovate, replace, or construct physical education playgrounds and fields and associated facilities, including grass, artificial turf, asphalt, tracks, benches, drinking fountains, par course, gyms, sprinklers, rubber matting, and ball walls
  • ? Landscape and irrigate grounds

* * *

The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program management, 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 acquisition of a variety of instructional, maintenance and operational equipment, and interim funding incurred to advance fund projects from the Project List, , environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by bond projects. The upgrading of technology infrastructure includes, but is not limited to, computers, LCD projectors, portable interface devices, servers, switches, routers, modules, sound projection systems, laser printers, digital white boards, document projectors, upgrade voice-over-IP, call manager and network security/firewall, and other miscellaneous equipment and software.

The budget for each project, as defined in the Capital Investment Program is an estimation and may be affected by factors beyond the District's control. 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.

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 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.

FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE GOVERNING BOARD WILL APPOINT A CITIZENS' OVERSIGHT COMMITTEE AND CONDUCT ANNUAL INDEPENDENT AUDITS TO ASSURE THAT FUNDS ARE SPENT ONLY ON Exhibit A
Page 4
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.

PR-8540-1ENG

COMPLETE TEXT OF MEASURE CC

Section 1. Specifications of Election Order. Pursuant to sections 5304, 5322, 15100 et seq., and section 15266 of the California Education Code, an election shall be held within the boundaries of the District on November 8, 2016, for the purpose of submitting to the registered voters of the District the following proposition:

FINDINGS

The Campbell Union Elementary School District is committed to educating elementary and middle school students to their highest potential with innovative educational programs to prepare them to excel in high school, college and the 21st-century economy.

There is a growing demand for science, technology, engineering, art and math education in the 21st century. In order to continue providing quality academic programs in these areas, which are requirements for success in our competitive world, some local elementary and middle schools are in need of repair and upgrade.

Some schools in our district were upgraded recently but others still require improvements to support a 21st-century education. Addressing identified needs in these neighborhood schools, many of which were built in the 1950s, would help ensure that students at all schools in the District have equal access to safe and modern classrooms.

The CUSD Governing Board has determined that the facility repairs and improvements required are beyond the scope of the District's operating budget.

Because the state has proven an unreliable funding partner for facility repairs and improvements, the Board has deemed it necessary to seek local bond funding for school repairs.

Additionally, funding from a bond measure would allow the District to qualify for state and federal matching funds to repair aging classrooms and labs that would otherwise be unavailable to local schools.

In creating and determining the bond project list, the Board determined that the District should make every effort to:

  • • Fix or replace leaky roofs that are over 30 years old
  • • Provide modern science, technology, engineering, art and math classrooms
  • • Upgrade aging plumbing, gas and sewer lines that are over 50 years old
  • • Replace inefficient and failing heating and cooling systems
  • • Upgrade old and inefficient wiring and electrical systems

By law, all revenue would be spent here in local schools and could not be taken away by the state.

In order to ensure that all money is only spent on projects outlined in the Bond Project List and not on teacher or administrator salaries, annual audits and independent citizen oversight are required.

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the District shall be authorized to issue and sell bonds of up to $72 million in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List attached hereto as Exhibit A, subject to all of the MEASURE CC SC Ballot Type 000 - Page 00
PR-8540-2ENG
management, and a customary contingency for unforeseen design and construction costs. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. In addition, certain construction funds expected from nonbond sources, including State grant funds for eligible projects, have not yet been secured. Therefore the Governing Board cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects.

FURTHER SPECIFICATIONS

No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to section 15100 of the California Education Code, and all the enumerated purposes shall constitute the specific single purpose of the bonds, and proceeds of the bonds shall be spent only for such purpose, pursuant to section 53410 of the California Government Code.

Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest will be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature later than shall be permitted by law.

Section 2. Ballot Proposition. Pursuant to section 13247 of the California Elections Code and section 15122 of the California Education Code, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot:

"To continue providing high-quality education and to ensure equal access to a 21st-century education for all local students by repairing leaky roofs; upgrading fire alarms and security systems; upgrading science equipment and laboratories; providing access for students and teachers with disabilities; constructing new classrooms and facilities and modernizing old classrooms, shall Campbell Union Elementary School District issue $72 million in bonds at legal interest rates, with citizens' oversight and financial audits with no funds for administrator salaries?"

Section 3. Voter Pamphlet. The Registrar of Voters of the County is hereby requested to reprint Section 1 hereof (including Exhibit A hereto) in its entirety in the voter information pamphlets to be distributed to voters pursuant to section 13307 of the California Elections Code. In the event Section 1 is not reprinted in the voter information pamphlets in its entirety, the Registrar of Voters of the County is hereby requested to print, immediately below the impartial analysis of the bond proposition, in no less than 10-point boldface type, a legend substantially as follows:

"The above statement is an impartial analysis of Measure CC. If you desire a copy of the measure, please call the Santa Clara County Registrar of Voters at (408) 299-VOTE and a copy will be mailed at no cost to you."

COMPLETE TEXT OF MEASURE CC-Continued COMPLETE TEXT OF MEASURE CC-Continued accountability safeguards specified below. Bonds will be issued in one or more series.

ACCOUNTABILITY SAFEGUARDS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the District may be assured that their money will be spent wisely to address specific facilities needs of the District, all 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 section 15264 et seq. of the California Education Code).

Evaluation of Needs. The Governing Board has prepared its Capital

Investment Program in order to evaluate and address all of the facilities needs of the District, and to determine which projects to finance from a local bond at this time. The Governing Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List contained in Exhibit A.

Independent Citizens' Oversight Committee. The Governing Board shall establish an independent Citizens' Oversight Committee (section 15278 et seq. of the California Education Code), to ensure bond proceeds are expended only for the school facilities projects listed in Exhibit A.

The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Governing Board.

Annual Performance Audits. The Governing Board shall cause to conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in Exhibit A.

Annual Financial Audits. The Governing Board shall cause to conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in Exhibit A.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the

Governing Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent shall cause a report to be filed with the Board no later than January 1 of each year, commencing January 1, 2017, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

BOND PROJECT LIST

The Bond Project List attached to this resolution as Exhibit A shall be considered a part of the ballot proposition, and shall be reproduced in any official document required to contain the full statement of the bond proposition.

The Bond Project List, which is an integral part of this proposition, lists the specific projects the District proposes to finance with proceeds of the Bonds. Such projects will be completed as needed. Each project is assumed to include its share of costs of the election and bond issuance, architectural, engineering, and similar planning costs, construction

SC Ballot Type 000 - Page 00

PR-8540-3ENG

EXHIBIT A

CAMPBELL UNION ELEMENTARY SCHOOL DISTRICT

BOND PROJECT LIST

Bond funds may be spent on the following projects at some or all of the District's sites although there is no guarantee that the bonds will provide sufficient funds to allow completion of all listed projects:

Locations

Blackford School, 1970 Willow Street, San Jose, CA 95125

Campbell Middle School, 295 W. Cherry Lane, Campbell, CA 95008

Capri School, 850 Chapman Avenue, Campbell, CA 95008

Castlemont School, 3040 East Payne, Campbell, CA 95008

Forest Hill School, 4450 McCoy Avenue, San Jose, CA 95130

Lynhaven School, 881 S. Cypress Avenue, San Jose, CA 95117

Marshall Lane School, 14114 Marilyn Lane, Saratoga, CA 95070

Monroe Middle School, 1055 S. Monroe, San Jose, CA 95128

Rolling Hills Middle School, 1585 More Avenue, Los Gatos 95032

Rosemary School, 401 W. Hamilton Avenue, Campbell, CA 95008

Sherman Oaks School, 1800 Fruitdale Avenue, San Jose, CA 95128

Village School, 825 W. Parr Avenue, Campbell, CA 95008

District Office, 155 North Third Street, Campbell, CA 95008

Corporation Yard, 240 Harrison Avenue, Campbell, CA 95008

Former Parkway School, 1800 Fruitdale Avenue, San Jose, CA 95128

Repairs, Renovation, and Construction of Safe and Modern Classrooms,

Labs and School Facilities

• Renovate schools for modernization, efficiency, and to facilitate 21st-century educational programs
• Upgrade, renovate, or construct Learning Centers (libraries) and multiuse rooms (cafeterias)
• Renovate, modernize, or construct other educational support facilities
• Construct classrooms, labs, classroom buildings, and other educational facilities to meet the growing demand for science, technology, engineering, art and math education
• Construct new classrooms, classroom buildings, and other educational facilities to meet the requirements of enrollment and class size reduction, eliminate portable classrooms, efficiency, and facilitate educational programs
• Renovate, modernize, or construct and equip school kitchens, cafeterias, and central District kitchen, including food storage, preparation, serving and dining areas
• If and as opportunities become available, and to the extent the

Board determines that bond funds are available for the purpose, acquire additional locations and construct, convert, renovate, or improve such additional locations as the Board determines may be necessary and appropriate.

• Construct or renovate restrooms as needed to support population size.
• Renovate, replace, or construct roofing systems, including, but not limited to, roofs, gutters, down spouts, screens, and water damage repairs
• Renovate or construct Americans with Disabilities Act-compliant restrooms and classrooms

COMPLETE TEXT OF MEASURE CC-Continued COMPLETE TEXT OF MEASURE CC-Continued

Section 4. Required Vote. Pursuant to section 18 of Article XVI and section 1 of Article XIII A of the State Constitution, the above proposition shall become effective upon the affirmative vote of at least 55% of those voters voting on the proposition.

Section 5. Matching Funds. Pursuant to section 15122.5 of the California Education Code, the District hereby requests that the Registrar of Voters of the County include the following statement in the ballot pamphlet:

Approval of Measure CC does not guarantee that the proposed project or projects in the Campbell Union Elementary School District that are the subject of bonds under Measure CC will be funded beyond the local revenues generated by Measure CC. 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.

Section 6. Request to County Officers to Conduct Election. The Registrar of Voters of the County is hereby requested, pursuant to section 5322 of the California Education Code, to take all steps to call and hold the election in accordance with law and these specifications.

Section 7. Consolidation Requirement; Canvass.

(a) Pursuant to section 15266(a) of the California Education Code, the election shall be consolidated with the statewide general election on November 8, 2016.
(b) The Board of Supervisors of the County is authorized and requested to canvass the returns of the election, pursuant to section 10411 of the California Elections Code.

Section 8. Delivery of Order of Election to County Officers. The Clerk of the Governing Board of the District is hereby directed to deliver, no later than August 12, 2016, one copy of this Resolution to the County Superintendent of Schools and the Registrar of Voters of the County together with the Tax Rate Statement (attached hereto as Exhibit B), completed and signed by the Superintendent, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County.

Section 9. Ballot Arguments. The members of the Board are hereby authorized, but not directed, to prepare and file with the Registrar of Voters of the County a ballot argument in favor of the proposition contained in Section 1 hereof, within the time established by the Registrar of Voters of the County.

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PR-8540-4ENG

COMPLETE TEXT OF MEASURE CC-Continued COMPLETE TEXT OF MEASURE CC-Continued

Exterior & Grounds Improvements

• Acquire and install exterior safety lighting, campus signage, and fencing
• Construct, repair, replace, renovate and rehabilitate walkways, covered walkways, breezeways and sidewalks
• Repair or upgrade roads and parking, including reconfigured or new pickup/dropoff areas
• Resurface, refurbish, repair, and paint building exteriors as needed
• Repair, replace, and resurface quads and other paved areas, including installation or repair of drainage and installation of seating, tables, lockers, and other amenities
• Expand or construct new storage facilities
• Renovate, replace, or construct physical education playgrounds and fields and associated facilities, including grass, artificial turf, asphalt, tracks, benches, drinking fountains, par course, gyms, sprinklers, rubber matting, and ball walls
• Landscape and irrigate grounds
* * *

The listed projects will be completed as needed. Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program management, staff training expenses and a customary contingency, and escalation for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the acquisition of a variety of instructional, maintenance and operational equipment, including the reduction or retirement of outstanding lease obligations and interim funding incurred to advance fund projects from the Project List, payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by bond projects. The upgrading of technology infrastructure includes, but is not limited to, computers, LCD projectors, portable interface devices, servers, switches, routers, modules, sound projection systems, laser printers, digital white boards, document projectors, upgrade voice-over-IP, call manager and network security/firewall, and other miscellaneous equipment and software.

The budget for each project, as defined in the Capital Investment Program is an estimation and may be affected by factors beyond the District's control. 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.

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 Energy Efficiency, Technology & Infrastructure Improvements

• Upgrade, replace or install building systems as needed, including, but not limited to, interior plumbing, electrical wiring, lighting, heating, ventilation and air-conditioning systems
• Upgrade, replace, or install Ethernet or other network access systems, telephone system, radio system, fire alarm system, public address system, intrusion alarm system and video surveillance system, and other security systems
• Acquire and install energy-saving improvements (such as upgraded insulation, efficient lighting, double-pane windows, energy-star appliances)
• Acquire and install solar electricity generation and distribution systems, including rooftop installation of solar panels and structures to support additional solar panels and related infrastructure
• Repair, replace, install, add, or upgrade utility systems/lines as needed, including water lines, gas lines, sewer lines, storm drains, electrical lines and telephone lines, and connections to city systems
• Replace existing or acquire new classroom technology (including but not limited to computers, "smart boards", digital projectors and document cameras) and network equipment (including but not limited to servers, network switches and routers, wireless network equipment, firewalls, and network security equipment)
• Furnish and equip classrooms and other facilities with appropriate items, including, but not limited to, desks, chairs and classroom furniture, and science and lab equipment

Additional Necessary and Incidental Projects, Student Safety and

Accessibility Projects

• Remove, dispose of, and otherwise remediate hazardous materials, including asbestos, lead, etc., where necessary
• Other improvements required to comply with existing building codes, including the Field Act, and access requirements of the Americans with Disabilities Act (ADA)
• Address unforeseen conditions revealed by construction/ modernization (including plumbing or gas line breaks, dry rot, seismic, structural, etc.)
• Necessary site preparation/restoration in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including demolition of existing structures; removing, replacing, or installing irrigation, drainage, utility lines (gas, water, sewer, electrical, data and voice, etc.), trees and landscaping; relocating fire access roads; and acquiring any necessary easements, licenses, or rights of way to the property
• Rental or construction of storage facilities and other space on an interim basis, as needed, to accommodate construction materials, equipment, personnel, and interim classrooms (including relocatables) for students and school functions or other storage for classroom materials displaced during construction
• Acquisition of any of the facilities on the Bond Project List through temporary lease, lease-purchase, or other appropriate financial arrangements, or execute purchase option under a lease for any of these authorized facilities.
• All other work, furnishing and equipping, necessary and incidental to specific projects described above.

COMPLETE TEXT OF MEASURE CC-Continued absence of State matching funds, which the District will 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.

FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE GOVERNING BOARD WILL APPOINT A CITIZENS' OVERSIGHT COMMITTEE AND CONDUCT ANNUAL INDEPENDENT AUDITS TO ASSURE THAT FUNDS ARE SPENT ONLY ON DISTRICT PROJECTS AND FOR NO OTHER PURPOSE. THE EXPENDITURE OF BOND MONEY ON THESE PROJECTS IS SUBJECT TO STRINGENT FINANCIAL ACCOUNTABILITY REQUIREMENTS. BY LAW, PERFORMANCE AND FINANCIAL AUDITS WILL BE PERFORMED ANNUALLY, AND ALL BOND EXPENDITURES WILL BE MONITORED BY AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO ENSURE THAT FUNDS ARE SPENT AS PROMISED AND SPECIFIED. THE CITIZENS' OVERSIGHT COMMITTEE MUST INCLUDE, AMONG OTHERS, REPRESENTATION OF A BONA FIDE TAXPAYERS ASSOCIATION, A BUSINESS ORGANIZATION AND A SENIOR CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS' OVERSIGHT COMMITTEE.

NO ADMINISTRATOR SALARIES: PROCEEDS FROM THE SALE OF THE BONDS AUTHORIZED BY THIS PROPOSITION SHALL BE USED ONLY FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, OR REPLACEMENT OF SCHOOL FACILITIES, INCLUDING THE FURNISHING AND EQUIPPING OF SCHOOL FACILITIES, AND NOT FOR ANY OTHER PURPOSE, INCLUDING TEACHER AND SCHOOL ADMINISTRATOR SALARIES AND OTHER OPERATING EXPENSES.

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Measure CC Tax Rate Statement

Exhibit B

EXHIBIT B

TAX RATE STATEMENT

An election will be held in the Campbell Union Elementary School District (the "District") on November 8, 2016, to authorize the sale of up to $72 million in bonds of the District for the specific school facilities projects listed in the Bond Project List established by the District, as described in the proposition. If the bonds are authorized, the District expects to sell the bonds in one or more series. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400-9404 of the California Elections Code.

1. The best estimate of the tax rate that would be required to be levied to fund the bonds during the first fiscal year after the first sale of the bonds, based on estimated assessed valuations available at the time of filing this statement, is $0.012 per $100 of assessed valuation ($12.00 per $100,000 of assessed valuation) in fiscal year 2017-18.

2. The best estimate of the tax rate that would be required to be levied to fund the bonds during the first fiscal year after the last sale of the bonds, based on estimated assessed valuations available at the time of filing this statement, is $0.0171 per $100 of assessed valuation ($17.05 per $100,000 of assessed valuation)in fiscal year 2023-24.

3. The best estimate of the highest tax rate that would be required to be levied to fund the bonds, based on estimated assessed valuations available at the time of filing this statement, is $0.0171 per $100 of assessed valuation ($17.05 per $100,000 of assessed valuation) in fiscal year 2023-24.

4. The District's best estimate of the average tax rate that would be required to be levied to fund the bonds, based on estimated assessed valuations available at the time of filing this statement, is $0.0118 per $100 of assessed valuation ($11.80 per $100,000 of assessed valuation) for fiscal year 2017-18 through and including fiscal year 2051-52.

5. The best estimate of the total debt service, including principal and interest, that would be required to be repaid if all the bonds are issued and sold is $162,011,312 ($72,000,000 in principal and $90,011,312 in interest). This estimate is based on assumptions regarding future assessed values of taxable property located in the District, future interest rates and the term, timing, structure, and amount of the bonds.

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

Voters should also note that estimated tax rates are based on the ASSESSED VALUE of taxable property on Santa Clara County's official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions.

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

Dated: June 23, 2016.

Superintendent
Campbell Union Elementary School District

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Measure CC Resolution

CAMPBELL UNION ELEMENTARY SCHOOL DISTRICT

RESOLUTION NO. 2015-16-30

RESOLUTION OF THE GOVERNING BOARD OF THE CAMPBELL UNION
ELEMENTARY SCHOOL DISTRICT ORDERING A SCHOOL BOND ELECTION,
AND AUTHORIZING NECESSARY ACTIONS IN CONNECTION THEREWITH

WHEREAS, the Campbell Union Elementary School District is committed to educating elementary and middle school students to their highest potential with innovative educational programs so they can excel in high school, college and the 21st-century economy;

WHEREAS, there is a growing demand for educational programs in science, technology, engineering, art and math education;

WHEREAS, some schools in the District were upgraded recently, others are in need of repair and renovation;

WHEREAS, some of these neighborhood schools were built in the 1950s and have leaky roofs, aging plumbing, gas and sewer lines and old and inefficient heating, cooling, wiring and electrical systems;

WHEREAS, the Governing Board (the "Board") of the Campbell Union Elementary School District (the "District"), within Santa Clara County, California (the "County"), is authorized to order elections within the District and to designate the specifications thereof, pursuant to sections 5304 and 5322 of the California Education Code (the "Education Code");

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 section 15100 et seq. of the California Education Code;

WHEREAS, pursuant to section 18 of Article XVI and section 1 of Article XIII A of the California Constitution, and section 15266 of the California Education Code, school districts may seek approval of general obligation bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purpose, provided certain accountability measures are included in the proposition;

WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors to be approved by 55% of the votes cast;

WHEREAS, such a bond election must be conducted concurrent with a statewide general election, general election or special election, or at a regularly scheduled local election, as required by section 15266 of the California Education Code;

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WHEREAS, on November 8, 2016, a statewide general election is scheduled to occur throughout the District;

WHEREAS, pursuant to section 15268 California Education Code, 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 $30 per year per $100,000 of assessed valuation of taxable property;

WHEREAS, section 9400 et seq. of the California 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 Board now desires to authorize the filing of a ballot argument in favor of the proposition to be submitted to the voters at the election; and

NOW, THEREFORE, be it resolved, determined and ordered by the Governing Board of the Campbell Union Elementary School District as follows:

Section 1. Specifications of Election Order. Pursuant to sections 5304, 5322, 15100 et seq., and section 15266 of the California Education Code, an election shall be held within the boundaries of the District on November 8, 2016, for the purpose of submitting to the registered voters of the District the following proposition:

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FINDINGS

The Campbell Union Elementary School District is committed to educating elementary and middle school students to their highest potential with innovative educational programs to prepare them to excel in high school, college and the 21st-century economy.

There is a growing demand for science, technology, engineering, art and math education in the 21st century. In order to continue providing quality academic programs in these areas, which are requirements for success in our competitive world, some local elementary and middle schools are in need of repair and upgrade.

Some schools in our district were upgraded recently but others still require improvements to support a 21st-century education. Addressing identified needs in these neighborhood schools, many of which were built in the 1950s, would help ensure that students at all schools in the District have equal access to safe and modern classrooms.

The CUSD Governing Board has determined that the facility repairs and improvements required are beyond the scope of the District's operating budget.

Because the state has proven an unreliable funding partner for facility repairs and improvements, the Board has deemed it necessary to seek local bond funding for school repairs.

Additionally, funding from a bond measure would allow the District to qualify for state and federal matching funds to repair aging classrooms and labs that would otherwise be unavailable to local schools.

In creating and determining the bond project list, the Board determined that the District should make every effort to:

  • ? Fix or replace leaky roofs that are over 30 years old
  • ? Provide modern science, technology, engineering, art and math classrooms
  • ? Upgrade aging plumbing, gas and sewer lines that are over 50 years old
  • ? Replace inefficient and failing heating and cooling systems
  • ? Upgrade old and inefficient wiring and electrical systems

By law, all revenue would be spent here in local schools and could not be taken away by the state.

In order to ensure that all money is only spent on projects outlined in the Bond Project List and not on teacher or administrator salaries, annual audits and independent citizen oversight are required.

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the District shall be authorized to issue and sell bonds of up to $72 million in aggregate principal amount to provide financing for the specific school facilities projects listed -4- in the Bond Project List attached hereto as Exhibit A, subject to all of the accountability safeguards specified below. Bonds will be issued in one or more series.

ACCOUNTABILITY SAFEGUARDS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the District may be assured that their money will be spent wisely to address specific facilities needs of the District, all 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 section 15264 et seq. of the California Education Code).

Evaluation of Needs. The Governing Board has prepared its Capital Investment Program in order to evaluate and address all of the facilities needs of the District, and to determine which projects to finance from a local bond at this time. The Governing Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List contained in Exhibit A.

Independent Citizens' Oversight Committee. The Governing Board shall establish an independent Citizens' Oversight Committee (section 15278 et seq. of the California Education Code), to ensure bond proceeds are expended only for the school facilities projects listed in Exhibit A. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Governing Board.

Annual Performance Audits. The Governing Board shall cause to conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in Exhibit A.

Annual Financial Audits. The Governing Board shall cause to conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in Exhibit A.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Governing Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent shall cause a report to be filed with the Board no later than January 1 of each year, commencing January 1, 2017, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

BOND PROJECT LIST

The Bond Project List attached to this resolution as Exhibit A shall be considered a part of the ballot proposition, and shall be reproduced in any official document required to contain the full statement of the bond proposition.

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The Bond Project List, which is an integral part of this proposition, lists the specific projects the District proposes to finance with proceeds of the Bonds. Such projects will be completed as needed. Each project is assumed to include its share of costs of the election and bond issuance, architectural, engineering, and similar planning costs, construction management, and a customary contingency for unforeseen design and construction costs. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. In addition, certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured. Therefore the Governing Board cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects.

FURTHER SPECIFICATIONS

No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to section 15100 of the California Education Code, and all the enumerated purposes shall constitute the specific single purpose of the bonds, and proceeds of the bonds shall be spent only for such purpose, pursuant to section 53410 of the California Government Code.

Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest will be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature later than shall be permitted by law.

Section 2. Ballot Proposition. Pursuant to section 13247 of the California Elections Code and section 15122 of the California Education Code, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot:

"To continue providing high-quality education and to ensure equal access to a 21st-century education for all local students by repairing leaky roofs; upgrading fire alarms and security systems; upgrading science equipment and laboratories; providing access for students and teachers with disabilities; constructing new classrooms and facilities and modernizing old classrooms, shall Campbell Union Elementary School District issue $72 million in bonds at legal interest rates, with citizens' oversight and financial audits with no funds for administrator salaries?"

Section 3. Voter Pamphlet. The Registrar of Voters of the County is hereby requested to reprint Section 1 hereof (including Exhibit A hereto) in its entirety in the voter information pamphlets to be distributed to voters pursuant to section 13307 of the California Elections Code. In the event Section 1 is not reprinted in the voter information pamphlets in its entirety, the

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Registrar of Voters of the County is hereby requested to print, immediately below the impartial analysis of the bond proposition, in no less than 10-point boldface type, a legend substantially as follows:

"The above statement is an impartial analysis of Measure ___. If you desire a copy of the measure, please call the Santa Clara County Registrar of Voters at (408) 299-VOTE and a copy will be mailed at no cost to you."

Section 4. Required Vote. Pursuant to section 18 of Article XVI and section 1 of Article XIII A of the State Constitution, the above proposition shall become effective upon the affirmative vote of at least 55% of those voters voting on the proposition.

Section 5. Matching Funds. Pursuant to section 15122.5 of the California Education Code, the District hereby requests that the Registrar of Voters of the County include the following statement in the ballot pamphlet:

Approval of Measure ___ does not guarantee that the proposed project or projects in the Campbell Union Elementary 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.

Section 6. Request to County Officers to Conduct Election. The Registrar of Voters of the County is hereby requested, pursuant to section 5322 of the California Education Code, to take all steps to call and hold the election in accordance with law and these specifications.

Section 7. Consolidation Requirement; Canvass.

  1. (a) Pursuant to section 15266(a) of the California Education Code, the election shall be consolidated with the statewide general election on November 8, 2016.
  2. (b) The Board of Supervisors of the County is authorized and requested to canvass the returns of the election, pursuant to section 10411 of the California Elections Code.

Section 8. Delivery of Order of Election to County Officers. The Clerk of the Governing Board of the District is hereby directed to deliver, no later than August 12, 2016, one copy of this Resolution to the County Superintendent of Schools and the Registrar of Voters of the County together with the Tax Rate Statement (attached hereto as Exhibit B), completed and signed by the Superintendent, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County.

Section 9. Ballot Arguments. The members of the Board are hereby authorized, but not directed, to prepare and file with the Registrar of Voters of the County a ballot argument in favor of the proposition contained in Section 1 hereof, within the time established by the Registrar of Voters of the County.

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Section 10. Further Authorization. The members of this Board, the Superintendent, and all other officers of the District are hereby authorized, individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this resolution.

Section 11. Effective Date. This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED this 23rd day of June, 2016, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED:

President of the Governing Board of the
Campbell Union Elementary School District

Attest:

Clerk of the Governing Board of the
Campbell Union Elementary School District

CLERK'S CERTIFICATE

I, , Clerk of the Governing Board of the Campbell Union Elementary School District, of Santa Clara County, California, hereby certify as follows:

The attached is a full, true and correct copy of a resolution duly adopted at a meeting of the Governing Board of the District duly and regularly held at the regular meeting place thereof on June 23, 2016, and entered in the minutes thereof, of which meeting all of the members of the Governing Board had due notice and at which a quorum thereof was present. The resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

At least 24 hours before the time of said meeting, a written notice and agenda of the meeting was mailed and received by or personally delivered to each member of the Governing Board not having waived notice thereof, and to each local newspaper of general circulation, radio, and television station requesting such notice in writing, and was posted in a location freely accessible to members of the public, and a brief description of the resolution appeared on said agenda.

I have carefully compared the same with the original minutes of the meeting on file and of record in my office. The resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect.

WITNESS my hand this 23rd day of June, 2016.

Clerk of the Governing Board
Campbell Union Elementary School District

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