Carlsbad Unified Schools: Vote Yes on Measure HH Bonds - San Diego County - 2018 general Election
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  Welcome    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure HH Campaign

#HonestBallots Movement

Your San Diego County Registrar of Voters printed and circulated ballots for this measure that didn't conform to the law. The registrar ignored our Notice and Demand to follow the law. The legislature makes this a crime. (See: How 25 County Registrars Committed A Crime.)

If you want to get really steamed up about the collusion between your Registrar and Carlsbad Unified Schools to lie and cheat in order to steal your taxes, you can read the letter for yourself.

Do you want to give this district a Thanksgiving surprise? Please call or text me (with #HonestBalllots, San Diego, 0607500, and your name) at 909-378-5401 right now for details. It's urgent and very time-sensitive.

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

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

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

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

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

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

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

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

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

Measure HH Question

DOCSSF/144232v7/022000-0001

EXHIBIT A

"To upgrade classrooms, science labs and technology that support student achievement, college preparation and career skills for math, science, engineering, healthcare and skilled trades; fix deteriorating roofs, plumbing/wiring; improve safety and security; renovate, construct, acquire classrooms, sites, equipment/facilities, shall this Carlsbad Unified School District measure authorizing $265,000,000 in bonds at legal rates, levying 3 cents/$100 assessed value ($13,000,000 annually) while bonds are outstanding, be adopted, with taxpayer oversight, no administrator salaries, all money staying local?"

Bonds – Yes Bonds – No

The following statement was prepared in the hope the legislature would suspend the law (AB-195) that required districts to inform you of the amount of taxes for which you're voting. It's all about deceiving the voters. The school bonds cartel has no shame. It just wants your money. The ends justify the means.

One of the notorious budget trailer bills was amended in May to allow the district to keep you in the dark. Unfortunately for them, Dan Walters got wind of it and castigated the legislature for their sleazy and unscrupulous conduct. The budget trailer bill never came to a vote before the August 10 filing deadline. So the issue is moot.

DOCSSF/144232v7/022000-0001

EXHIBIT A-1

"To upgrade classrooms, science labs, instructional technology to support high quality instruction, college readiness/career preparation in math, science, engineering, technology, healthcare/skilled trades; improve student safety/campus security, install classroom security locks, fix deteriorating roofs, plumbing, wiring, electrical systems; renovate, construct, acquire classrooms, sites, equipment/facilities shall Carlsbad Unified School District issue $265,000,000 in bonds at legal rates, with independent citizen oversight, no money for administrative salaries, no money taken by the State, and all money staying local?"

Bonds – Yes Bonds – No

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

Impartial Analysis for Measure HH

COUNTY COUNSEL IMPARTIAL ANALYSIS

This measure was placed on the ballot by the governing board of the Carlsbad Unified School District ("District"). This measure, if approved by 55% of the votes cast on the measure, will authorize the District to issue and sell $265,000,000 in general obligation bonds. The sale of these bonds by the District is for the purpose of raising money for the District, and represents a debt of the District. In exchange for the money received from bondholders, the District promises to pay the bondholders an amount of interest for a certain period of time, and to repay the bonds on the expiration date.

Voter approval of this measure will also authorize an annual tax to be levied upon the taxable property within the District. The purpose of this tax is to generate sufficient revenue to pay interest on the bonds as it becomes due and to provide a fund for payment of the principal on or before maturity.

Proceeds from the sale of bonds authorized by this measure may be used by the District 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.

The interest rate on any bond, which is established at the time of bond issuance, could not exceed 12% per annum. The final maturity date of any bond could be no later than 40 years after the date the bonds are issued, as determined by the District.

The tax authorized by this measure is consistent with the requirements of the California Constitution. The California Constitution permits property taxes, above the standard 1% limitation, to be levied upon real property to pay the interest and redemption charges on any bonded indebtedness for, among other things, the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, when approved by 55% of the voters if:

  1. (1) the proceeds from the sale of the bonds are used only for the purposes specified,
  2. (2) the District evaluates safety, class size reduction, and information technology needs to approve a list of specific projects to be funded,
  3. N SD 281-046
    PR-1307-2
    COUNTY COUNSEL IMPARTIAL ANALYSIS (CONTINUED)

  4. (3) the District conducts an annual, independent performance audit to ensure funds have been expended on the specific projects listed, and
  5. (4) the District conducts an annual, independent financial audit of bond proceeds.

Additionally, if the bond measure is approved, state law requires the District to establish an independent citizens' oversight committee. The District has made this ballot measure subject to these legal requirements.

Approval of this measure does not guarantee that the specific projects listed by the District will be funded by the sale of the bonds.

A "YES" vote is a vote in favor of authorizing the District to issue and sell $265,000,000 in general obligation bonds.

A "NO" vote is a vote against authorizing the District to issue and sell $265,000,000 in general obligation bonds.

N SD 281-047

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Argument in Favor of Measure HH

PR-1307-4

ARGUMENT IN FAVOR OF MEASURE HH

Vote YES on Measure HH to:

  •  Make critical updates to Carlsbad schools
  •  Maintain a safe, modern learning environment
  •  Prepare students for college and in-demand careers

Vote YES on Measure HH to prepare college-bound Carlsbad students for success and ensure those who don't plan to go to college receive the career training needed to compete for highpaying jobs.

Some of our Carlsbad schools are over 50 years old and don't have modern classrooms, science labs or instructional technology. Measure HH will replace aging education facilities and upgrade older schools to meet the same academic and safety standards as newer schools.

Measure HH will also upgrade school security systems like door locks to better protect our students in an active shooter situation.

Vote YES on HH:

  •  Upgrade classrooms and science labs to support high-quality instruction in science, technology, engineering, the arts and math
  •  Repair or replace deteriorating roofs, plumbing and inefficient heating, cooling, electrical and water systems, where needed
  •  Keep computer systems and instructional technology up-to-date
  •  Upgrade science labs, engineering labs and career technical education facilities to prepare students for college and in- demand careers
  •  Improve student safety and security at all schools

Measure HH Means Local Control and Fiscal Accountability:

  •  All Measure HH funding will be used in Carlsbad Unified School District schools to support our students and could never be taken by the State or used for other purposes
  •  Strict accountability required, including a detailed project list, Citizens' Oversight Committee and independent audits to ensure all funds are spent properly
  •  By law, no Measure HH funds can be used for administrators' salaries or benefits

Even if you do not have school-age children, Measure HH will protect our quality of life and the value of our homes in Carlsbad.

Join Carlsbad parents, teachers, businesses and community leaders – vote YES on HH!

Athena Runner, President,
Carlsbad Unified Council of PTAs

Haney Hong,
President and CEO, San Diego County Taxpayers Association

Ahmed Haque,
Chairman of the Board, Carlsbad Chamber of Commerce

J. Scott Runner,
Chairman of the Board, Carlsbad Educational Foundation

David Tweedy, PhD,
Longtime Carlsbad Resident

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Argument Against Measure HH

ARGUMENT AGAINST MEASURE HH

No argument against the measure was filed in the office of the Registrar of Voters.

N SD 281-049

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Full Text of Measure HH

DOCSSF/144232v7/022000-0001

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE CARLSBAD UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 6, 2018

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

Insert either Exhibit A or Exhibit A-1

PROJECT LIST

The Board of Trustees of the Carlsbad Unified School District is committed to improving the quality of education in local schools by providing safe, secure, upgraded classrooms, labs and career technical education facilities to prepare students for college and in-demand careers and to keep pace with 21st century technologies and learning standards. To that end, the Board evaluated the District's urgent and critical facility needs, including safety issues, class size reduction, computer and information technology in developing the types of projects to be funded by this measure as such are described below and also outlined in the District's Long Range Facility Master Plan 2018 (approved by the Board on January 17, 2018) which is incorporated herein in its entirety. The District conducted a facilities evaluation and received public input in developing this Project List. Teachers, staff, community members and the Board have prioritized the key health and safety needs so that the most critical facility needs are addressed. The Board concluded that protecting the quality of our schools, the quality of life in our community, and the value of our homes is a wise investment.

Therefore, in approving this Project List, the Board of Trustees determines that the District must:

  1. (i) Repair or replace deteriorating roofs, plumbing and electrical systems, where needed; and
  2. (ii) Upgrade science labs, engineering labs and career technical education facilities to prepare students for college and in-demand careers in fields like healthcare, biomedical science, computer science, robotics and skilled trades; and
  3. (iii) Update classrooms, science labs and instructional technology to support high quality instruction in science, technology, engineering, the arts and math; and
  4. (iv) Replace inefficient water systems, heating, cooling and lighting where needed to conserve resources and save money on utility bills; and
  5. (v) Improve student safety and campus security systems including installing security locks on all classrooms that can be locked from the inside to prevent access during an active shooter situation; and
  6. (vi) ADHERE TO SPECIFIC FISCAL ACCOUNTABILITY SAFEGUARDS SUCH AS:
    1. (a) All expenditures must be subject to annual independent financial audits.
    2. (b) No funds can be used for administrators' salaries and pensions.
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    4. (c) All money must stay local to support our students and cannot be taken away by the State or used for other purposes.
    5. (d) An independent citizens' oversight committee must be appointed to ensure that all funds are spent only as authorized.

The Project List includes the following types of upgrades and improvements at District schools and sites:

IMPROVE STUDENT LEARNING: Basic School Repair and Upgrade Projects

Goal and Purpose: Some of our schools were built more than 50 years ago and don't have modern classrooms, science labs, or instructional technology. This measure will upgrade our older schools so they meet the same academic and safety standards as newer schools and ensure that ALL students have equal access to modern classrooms and learning tools.

District schools need basic repairs, including roofs, plumbing and electrical systems, and other projects, including:

  • ? Upgrade and construct classrooms, science labs, career-training facilities and computer systems to keep pace with technology.
  • ? Repair or replace deteriorating roofs, floors, plumbing and electrical systems where needed.
  • ? Improve heating, ventilation, insulation, doors, windows, lighting and water systems.
  • ? Modernize classrooms to support hands-on science and learning-by-doing.
  • ? Convert outdated libraries into modern innovation centers to improve students' research skills and preparation for college.
  • ? Upgrade technology infrastructure and wiring to support modern classroom technology.

PREPARE STUDENTS FOR IN-DEMAND CAREERS: College and Career Technical Education Facilities Upgrade Projects

Goal and Purpose: If we want our kids to succeed in college and careers, they must be skilled in the use of today's technologies and have a solid background in math, science, engineering and technology. This measure will update instructional technology in the classroom for improved student learning in core subjects like reading, math, science and technology.

  • ? Upgrade classrooms, science labs, instructional technology to support high quality instruction in core subjects like science, technology, engineering, the arts and math.
  • ? Upgrade classrooms, facilities and instructional technology to support high quality instruction in music, visual and performing arts.
  • ? Upgrade science labs, engineering labs, and career technical education facilities so students are prepared for college and in-demand careers.
  • ? Keep computer systems and instructional technology up-to-date.
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  • ? Upgrade career training facilities that prepare students for careers in healthcare, biomedical, computer science, robotics and skilled trades.

IMPROVE SCHOOL SAFETY: Safety, Security and Energy Efficiency Projects

Goal and Purpose: Whether or not you have school-age children, protecting the quality of our schools, the quality of life in our community, and the value of our homes is a wise investment. This measure will upgrade security lighting, fencing, smoke detectors, fire alarms, sprinklers, and campus security systems for improved student safety. Schools will benefit from a variety of safety and efficiency projects, such as:

Student Safety and Security

  • ? Replace aging, outdated portable classrooms that are expensive to repair and maintain with safe, modern classrooms that meet today's academic standards.
  • ? Upgrade fire alarm systems to automatic systems, add smoke detectors and fire safety doors to make students safe in the event of an emergency.
  • ? Improve student safety and campus security systems, including security, lighting, and security cameras and classroom door locks.
  • ? Upgrade emergency communication systems to improve student safety.
  • Energy Efficiency – Returning Savings to the Classroom

    • ? Replace inefficient heating, cooling, lighting and water systems, where needed, to increase energy efficiency, save water and money.

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 construction projects. In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: renovate student and staff restrooms; construct, install, repair and/or replace heating and ventilation systems, site paving, utilities, campus accessibility, water heaters, mechanical units, boilers, walkways, walkway covers, power outlets, bell/clock systems; upgrade facilities and utility systems for energy efficiencies, including solar panels and battery storage solutions; install signage, electronic marquees, shade structures and fencing; repair, replace worn-out and deteriorated roofs, windows, walls, doors, drinking fountains and hydration stations; improve the existing District office or acquire a facility for a replacement District office; install wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrade or construct support facilities, including administrative, physical education (including upgrading or adding gyms, gym floors, stadiums and locker rooms) and performing arts buildings and maintenance facilities and yards; repair and replace fire alarms, emergency communications and security systems; resurface or replace hard courts and turf (including synthetic turf); upgrade drainage, irrigation and erosion control systems and campus 4
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landscaping; expand parking and pick-up/drop-off areas; acquire land; upgrade interior and exterior painting, walls, ceilings and floor coverings; demolition; upgrade central kitchens and school cafeterias; construct, remodel and/or expand various forms of storage, cabinetry, and support spaces, libraries, administrative offices and classrooms; repair, upgrade and install interior and exterior lighting systems; install or improve playgrounds, athletic fields, tracks, synthetic fields and play apparatus; replace outdated security fences and security systems (including access control systems), provide indoor space for assemblies or for rainy day lunch; construct/upgrade music labs, innovation centers, auditoriums, outdoor amphitheaters, classrooms and learning spaces. The upgrading of technology infrastructure includes, but is not limited to, computers, LCD projectors, portable interface devices, cameras, servers, switches, routers, modules, sound projection systems, laser printers, digital whiteboards, document projectors, upgrade voice-over-IP, call manager and network security/firewall, wire classrooms for internet connectivity, wireless technology systems, refresh classroom technology and other miscellaneous equipment. The budget for each project is an estimate and may be affected by factors beyond the District's control. The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts are awarded and projects are completed. 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 more enhanced and operationally efficient campuses. Necessary site preparation/restoration may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property. 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/project management, staff training expenses and a customary contingency for unforeseen design and construction costs. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to bond projects. Bond proceeds shall only be expended for the types of projects and purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.

FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE BOARD OF 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.

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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 HH Tax Rate Statement

PR-1307-3

TAX RATE STATEMENT

An election will be held in the Carlsbad Unified School District (the "District") on November 6, 2018, to authorize the sale of up to $265,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to issue the bonds in multiple series over time. 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 through 9405 of the California Elections Code.

  1. 1. The best estimate of the average annual tax rate that would be required to be levied to fund this bond issue over the entire duration of the bond debt service, based on assessed valuations available at the time of filing of this statement, is between 3 cents and 3.4 cents per $100 of assessed valuation. The final fiscal year in which the tax to be levied to fund this bond issue is anticipated to be collected is fiscal year 2052-53.
  2. 2. The best estimate of the highest tax rate that would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is between 3 cents and 3.4 cents per $100 of assessed valuation in fiscal year 2019-20.
  3. 3. The best estimate of the total debt service, including the principal and interest, that would be required to be repaid if all of the bonds are issued and sold is approximately $456,813,940.

Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on the County of San Diego 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, debt service and the years in which they will apply may vary from those presently estimate, 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 valuation 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 District as determined by the County Assessor in the annual assessment and the equalization process.

Dated: 8/7, 2018. Benjamin Churchill Ed.D,
Superintendent
Carlsbad Unified School District

N SD 281-048

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Measure HH Agenda Description

Agenda of July 18, 2018 (complete item)

7. Discussion/Action Items
7.4 Resolution No. 07-1819: Resolution of the Board of Trustees of the Carlsbad Unified School District Ordering an Election and Establishing Specifications of the Election Order

Agenda Item Details

Meeting
Jul 18, 2018 - Regular Meeting of the Carlsbad Unified School District Board of Trustees
Category
Discussion/Action Items
Subject
Resolution No. 07-1819: Resolution of the Board of Trustees of the Carlsbad Unified School District Ordering an Election and Establishing Specifications of the Election Order
Type
Discussion/Action, Report
Recommended Action
It is respectfully recommended that the Board of Trustees approve Resolution No. 07-1819 Ordering an Election and Establishing Specifications of the Election Order for November 6, 2018.


BACKGROUND INFORMATION

 

The resolution before the Board calls an election within the District for the purpose of approving general obligation bonds, requests that the San Diego County Registrar of Voters conduct the election on behalf of the District, and authorizes the preparation of election materials, including ballot arguments and a tax rate statement to be included in the ballot pamphlet.

 

CURRENT CONSIDERATIONS

 

State law requires the Board of Trustees to order school district bond elections. The Registrar of Voters will conduct the election on behalf of the District, including publishing all required notices. Resolution No. 07-1819, Exhibit C, meets the statutory requirements for describing the projects to be funded with the proceeds of the bonds, listed in Exhibit B. A 75-word summary of the measure as it will appear on the ballot, Exhibit A, is also included in the resolution. Alternate ballot language is included in Exhibit A-1 in the event that the requirements of AB 195 are suspended. Resolution No. 07-1819 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. Resolution No. 07-1819 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, Resolution No. 07-1819 (including the signed tax rate statement) must be delivered to the Registrar of Voters and the Board of Supervisors. State law requires that two-thirds of a school board support the resolution calling an election requiring 55% voter approval. At least four (4) Board members must vote “Yes” in order to call the election. 

 

FINANCIAL IMPLICATIONS

 

Bond funding of $265 million, if a bond is approved by voters.

 

 

 

 

 




Motion & Voting

It is respectfully recommended that the Board of Trustees approve Resolution No. 07-1819 Ordering an Election and Establishing Specifications of the Election Order for November 6, 2018.

Motion by Kathy Rallings, second by Claudine M Jones.
Final Resolution: Motion Passes
Ayes: Ray Pearson, Kathy Rallings, Veronica C Williams, Claudine M Jones, Elisa M Williamson

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Measure HH Resolution

DOCSSF/144232v7/022000-0001

RESOLUTION NO. 07-1819

RESOLUTION OF THE BOARD OF TRUSTEES OF
CARLSBAD UNIFIED SCHOOL DISTRICT ORDERING AN
ELECTION AND ESTABLISHING SPECIFICATIONS OF
THE ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") is committed to improving the quality of education in Carlsbad public schools by repairing deteriorating roofs, plumbing, electrical systems, upgrading school buildings and infrastructure so that older schools meet the same academic standards of newer schools and by updating classrooms, science labs and instructional technology to support high quality instruction in science, technology, engineering, the arts and math; and

WHEREAS, the Board has determined that schools within the Carlsbad Unified School District (the "District") need to be upgraded, repaired, expanded, improved and better equipped in a fiscally prudent manner to improve student safety and campus security by installing security fencing, security cameras, emergency communications systems, classroom security locks, smoke detectors, fire alarms and sprinklers; and

WHEREAS, the Board believes it is in the best interest of the District to continue to address facility improvements now before they become more pressing and more costly, and provide science labs, engineering labs and career technical facilities so students are prepared for college and in- demand careers in fields like healthcare, biomedical science, computer science, robotics and the skilled trades; and

WHEREAS, the Board believes that it is important to replace inefficient heating, cooling, lighting and water systems, where needed, to improve sustainability and protect the environment; and

WHEREAS, whether or not Carlsbad residents have school-age children, protecting the quality of our schools, the quality of life in our community, and the value of our homes, is a wise investment; and

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

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

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

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

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WHEREAS, such measure will include mandatory taxpayer protections, including an independent citizens' oversight committee and mandatory audits to ensure funds are spent as promised; and

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

WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") which reduced the voter threshold for ad valorem tax levies used to pay for debt service 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 enforced 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, Section 9400 et seq. of the Elections Code of the State of California (the "Elections Code") 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 a ballot argument in favor of the proposition to be submitted to the voters at the election; and

WHEREAS, pursuant to the California 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 6, 2018, and to request the San Diego County Registrar of Voters to perform certain election services for the District.

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

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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 Diego 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 $265,000,000 (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. The District's Superintendent, or designee, is hereby authorized and directed to make any changes to the text of the measure, or to the abbreviated form of the measure, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of election officials, and requirements of law.

Section 2. That the date of the election shall be November 6, 2018.

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 policies of the Board and the Act, the ballot propositions in Exhibits "A" and "B" are subject to the following requirements and determinations:

  1. (a) that 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 the safety, class size reduction, classroom, educational and information technology needs of the District as well as the importance of the projects to improve student learning in core subjects like science, technology, engineering, the arts and math;
  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 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 the San Diego County Taxpayers Association. In furtherance of its specifically enumerated purposes, the Citizens' Oversight Committee may engage in any of the following activities relating solely and exclusively to the expenditure of the Proposition 39 bond proceeds:
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    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 scheduled 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; 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.
  8. (g) that the District shall have a Board approved funding plan to eliminate deferred maintenance and the ongoing reliance on bond revenues; and an approved major repair and replacement funding plan to ensure that both new and renovated facilities do not become maintenance deferred once the backlog has been eliminated, and that such plan should be made available to the Citizens' Oversight Committee and overseen by them;
  9. (h) that in order to maximize community benefit and efficiently apply taxpayer dollars, the District should pursue all practical opportunities to expand community joint use facilities in every new or expanded school construction project. In pursuing joint use, the District's goal should be to maximize the use of District facilities to the broader community, without adversely impacting district operations or finances. Examples of appropriate joint use provisions for incorporation into construction plans include, but are not limited to, additional and expanded library facilities, recreational/physical-education facilities, computer labs, meeting rooms and childcare and health care facilities.
  10. (i) that prior to the issuance of the bonds, the District shall apply industry standard prequalification standards to bidders on all new projects set forth in Exhibit "B" so that the District can be confident that all contractors, at all times, are qualified to bid on, work on, and complete such projects;
  11. (j) the District will promote fair and open competition for all District and construction projects so that all contractors and workers, whether union or non-union, are treated equally in the bidding and awarding of District construction contracts. The District, which does not currently have a project labor agreement, prior to any discussion and/ or vote of a resolution to negotiate a project labor agreement, shall inform District taxpayers 90 days in advance, via public notice, of any Board discussion and/or vote;
  12. (k) that in connection with the establishment of a Citizens' Oversight Committee, the Board shall comply with Education Code Sections 15278 et seq., and beyond the requirements set forth therein, the Board should seek to appoint persons such that a majority of the members of the Citizens' Oversight Committee possess expertise in one or more of the following areas:
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    1. (i) large-scale construction operations;
    2. (ii) municipal/public finance matters;
    3. (iii) multiple-years expertise with agency/entity budgeting (which may include public agency or public entity budgeting);
    4. (iv) construction-related project management; and
    5. (v) real estate acquisition or sales.
  14. (l) the District will not authorize the sale of any form of capital appreciation bonds or convertible capital appreciation bonds without review by District's Citizens' Oversight Committee. All annual assessed value growth assumptions within any proposed financing will be the lesser of (a) the average of the past twenty years or (b) 5% or (c) a value less than either (a) or (b), as determined by the District.

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

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

Section 6. That the San Diego County Registrar of Voters and the San Diego County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 6, 2018 within the District. As provided in Elections Code Section 10403, the District acknowledges that the consolidation election will be conducted in the manner described in Elections Code Section 10418.

Section 7. That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to the San Diego County Registrar of Voters no later than August 10, 2018.

Section 8. That Bonds may be issued pursuant to Education Code Section 15264 et seq. or Government Code Section 53506 of the Government Code. 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 any body or official authorized by law to canvass such returns, and that the Board consents to such consolidation. The Board further authorizes the submission of a tax rate statement and primary and rebuttal arguments, as appropriate, to be filed with the San Diego County Registrar of Voters by the established deadlines.

Section 10. Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of San Diego 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 Diego County, such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax 6
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rate statement (described in Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.

ADOPTED, SIGNED AND APPROVED this 18th day of July, 2018.

BOARD OF TRUSTEES OF THE CARLSBAD UNIFIED SCHOOL DISTRICT

By:
Ray Pearson, President, Board of Trustees of the
Carlsbad Unified School District

ATTEST:

By:
Dr. Benjamin Churchill, Secretary, Board of Trustees
of the Carlsbad Unified School District

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STATE OF CALIFORNIA )
)ss
SAN DIEGO COUNTY )

I, Benjamin Churchill, Ed.D., do hereby certify that the foregoing is a true and correct copy of Resolution No. 07-1819, which was duly adopted by the Board of Trustees of the Carlsbad Unified School District at the meeting thereof held on the 18th day of July, 2018, and that it was so adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By:
Dr. Benjamin Churchill, Secretary, Board of Trustees
of the Carlsbad Unified School District

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