Hayward Unified Schools: Vote Yes on Measure H Bonds - Alameda County - 2018 general Election
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  Welcome    Question    Full Text    Agenda    Resolution    Notice  

Welcome to the Yes No on Measure H Campaign

#HonestBallots Movement

Your Alameda 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 Hayward 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, Alameda, 0616740, 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 Government Financial Strategies (Lori Raineri, Matt Colker). 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    Full Text    Agenda    Resolution    Notice  

Measure H Question

Exhibit F.5.b.
Page 11 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 1 Exhibit B

EXHIBIT B

BOND MEASURE
for
HAYWARD UNIFIED SCHOOL DISTRICT

(Abbreviated Form)*

To provide safe/modern schools; upgrade aging classrooms/school facilities; update classroom technology; provide art/music classrooms; improve accessibility for students with disabilities; upgrade fire safety/emergency communications/school security systems; install solar panels; repair leaky roofs; update plumbing/heating/ventilation systems, shall Hayward Unified School District issue $381,700,000 in bonds at legal rates, levy approximately $60 per $100,000 of assessed value annually (generating approximately $24,502,000), anticipated through 2049-50, with independent oversight and all funds staying local?

BONDS – YES
BONDS – NO

* Limited to 75 words pursuant to California Elections Code section 13247.

  Welcome    Question    Full Text    Agenda    Resolution    Notice  

Full Text of Measure H

Exhibit F.5.b.
Page 5 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 1 Exhibit A

EXHIBIT A

FULL TEXT OF BOND MEASURE
for
HAYWARD UNIFIED SCHOOL DISTRICT

INTRODUCTION

The Hayward Unified School District serves the Hayward community in Alameda County and provides a quality education to approximately 20,400 students in transitional kindergarten through twelfth grade. The District was established in 1963 and has several aging schools in need of improvements as it struggles to adequately provide safe and modern classroom facilities for its students.

The Hayward community overwhelmingly supported two school improvement bond measures, Measure I in 2008 and Measure L in 2014 to fund an initial phase of upgrades to our local schools. Measures I and L were only intended to address some of the facility needs identified in the 2006 Facilities Master Plan. The District still has an ongoing need for facilities, infrastructure, and security improvements to meet 21st century instructional standards.

Upgrades to local schools are needed to ensure facilities are accessible for students with disabilities and are equitable for all. Repairs and upgrades are needed at school facilities, including, but not limited to leaky roofs, restrooms, multi-purpose rooms, athletic fields, heating, ventilation and air conditioning systems, and the installation of solar panels at school sites to reduce energy operating costs.

Updates to student safety and security systems are also necessary, including, but not limited to, fire safety and emergency communications systems, including security equipment and surveillance cameras. New facilities are needed for music and art instruction. Construction of permanent classrooms to replace aging and unusable portable classrooms is also necessary.

Funds from a local school facilities improvement bond measure cannot be taken away by the State of California and must stay in our local community to upgrade local schools.

A school facilities improvement bond measure will require strict fiscal accountability requirements, including an independent citizens' oversight committee, Exhibit F.5.b.
Page 6 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 2 Exhibit A
mandatory annual audits and a prohibition against any funds being used for administrators' salaries, pensions or benefits.

Passage of a school facilities improvement bond measure will help the District qualify for State matching funds that otherwise may be lost to other school districts.

BONDS

To provide safe/modern schools; upgrade aging classrooms/school facilities; update classroom technology; provide art/music classrooms; improve accessibility for students with disabilities; upgrade fire safety/emergency communications/school security systems; install solar panels; repair leaky roofs; update plumbing/heating/ventilation systems, shall Hayward Unified School District issue $381,700,000 in bonds at legal rates, levy approximately $60 per $100,000 of assessed value annually (generating approximately $24,502,000), anticipated through 2049-50, with independent oversight and all funds staying local?

MEASURE

As required by the California Constitution, the proceeds from the sale of the bonds will be used only for the purposes authorized under Article XIIIA of the California Constitution, including construction, reconstruction, rehabilitation, or replacement of school facilities, furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, as specifically set forth in this Exhibit A, and costs incident thereto, and not for any other purpose, including salaries and other routine school operating expenses.

The following list describes the specific projects the District proposes to finance with proceeds of the bonds, including other eligible project funds, such as grants, should they become available to the District. The scope of specific projects, the order of construction, and their completion is contingent on final project costs and the availability of needed funds. Further, projects on the project list are of the type that issuing the authorized general obligation bonds as stated will not cause the State to reduce any financial hardship contribution that would otherwise be available to the District had these bonds not been authorized, issued, and or expended for their stated purpose.

LIST OF PROJECTS TO BE FUNDED BY THE BONDS

  1. 1. DISTRICT-WIDE SAFETY IMPROVEMENTS, including repairs related to installation and use of modern fire safety/emergency communication systems and other safety improvements, security equipment and/or surveillance cameras, disability access in compliance with state and federal law, including Exhibit F.5.b.
    Page 7 of 68
    Hayward Unified School District
    Building a Culture of Success
    BOARD OF EDUCATION RESOLUTION 1819 – 06
    RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
    ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
    OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
    WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
    SC102432 3 Exhibit A
    the Americans with Disabilities Act, site access, traffic flow and parking improvements, including parent parking, energy and restroom upgrades.
  2. 2. SCHOOL FACILITY NEW CONSTRUCTION AND RECONSTRUCTION including rehabilitation or replacement of facilities, with necessary furnishings, equipment and technology upgrades and improvements, installation of site infrastructure, including roof and roof drainage, heating, ventilation and air conditioning systems, athletic fields, one performing arts center, and land acquisition as needed for construction.
  3. 3. REFINANCE OR RETIRE PART OR ALL DEBT on existing facilities and school sites, including but not limited to lease financing obligations secured by real property.

In accordance with Article XIIIA, section 1, subparagraph (b)(3) of the California Constitution, as funds are available the District will undertake projects for the construction, reconstruction, rehabilitation, or replacement of school facilities (which may include the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities) such as the following:

  1. 1. DISTRICT-WIDE CLASSROOM MODERNIZATION AND TECHNOLOGY UPGRADES AND IMPROVEMENTS.
  2. 2. SCHOOL FACILITIES THROUGHOUT THE DISTRICT to accommodate shifting enrollment including site acquisition, new classrooms, new multi-purpose rooms, science labs, and furnishings and equipment.
  3. 3. INSTALLATION OF ENERGY EFFICIENT SYSTEMS, including solar improvements, to reduce operational costs and environmental impact.
  4. 4. DISTRICT-WIDE IMPROVEMENTS, FURNISHINGS AND EQUIPMENT, defined or identified by project type in the District-Wide Facilities Master Plan ("Master Plan") adopted by the District in 2006, and updated in 2013, and as may be amended from time to time, in order to carry out the District's mission to ensure quality and equity of facilities District-wide.

The scope of specific projects, the order of construction, and their completion is contingent on final project costs and the availability of needed funds.

Each project is assumed to include its share of costs of architectural, engineering, and similar planning costs, construction management, and a customary contingency for unforeseen design and construction costs.

Exhibit F.5.b.
Page 8 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 4 Exhibit A

These projects may include participation in the State Facility Program's Joint-Use Program to gain matching funds for teacher education, multi-purpose rooms, gymnasiums, libraries, childcare, and other qualifying Joint-Use facilities. With respect to such joint-use projects, the bond funds authorized by this Measure may be used to pay all of the local share needed to qualify the projects for special State matching funds under the State Facility Program's Joint-Use Program requirements.

The Board of Trustees hereby certifies that it has evaluated the safety, class-size reduction, and information technology needs of the District in developing this list of school facilities projects.

ACCOUNTABILITY MEASURES

If the bonds are approved, the Board of Trustees will implement the following accountability measures in accordance with State law:

  1. (a) Use the bond proceeds only for the purposes authorized under Article XIIIA of the California Constitution, including construction, reconstruction, rehabilitation, or replacement of school facilities, furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities and related uses, as specifically set forth in this Exhibit A, and costs incident thereto, and not for any other purpose, including salaries and other routine school operating expenses;
  2. (b) Conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the projects and uses listed in this Exhibit A;
  3. (c) Conduct an annual, independent financial audit of the proceeds from the sale of the bonds until all of those proceeds have been expended for school facilities projects and uses listed in this Exhibit A; and
  4. (d) Establish and appoint members to an independent citizens' oversight committee to ensure the bonds are used only for the projects and uses listed in this Exhibit A.

STATE MATCHING FUNDS

California Education Code section 15122.5 requires the following statement to be included in this sample ballot:

"Approval of this bond measure does not guarantee that the Exhibit F.5.b.
Page 9 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 5 Exhibit A
proposed projects in the Hayward Unified School District that are the subject of bonds under this measure will be funded beyond the local revenues generated by this bond measure. The school district's proposal for certain of the projects assumes the receipt of matching state funds, which are subject to appropriation by the Legislature or approval of a statewide bond measure."

ANNUAL TAX AMOUNT, RATE, AND DURATION

The bonds shall bear interest at an annual rate not exceeding the statutory maximum. The maturity of the bonds shall not exceed the maximum term allowed by law at the time of issuance (currently 25 years if issued under Education Code section 15140, or 40 years if issued under Government Code section 53508, so long as the bonds are not capital appreciation bonds ("CABs," which CABs are limited to 25 years)). Accordingly, as further set forth in the tax rate statement, the ad valorem tax will be levied at such rates and for so long as may be required to meet the debt service needs of the bonds proposed to be issued, including such bonds that may be issued to refund any approved bonds.

* * *

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, and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the acquisition of a variety of instructional, maintenance and operational equipment, 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.

The construction of facilities included in the project list above is assumed to include the construction of new schools, classrooms and support sites, including the acquisition of land, necessary furnishings, equipment, technology, and installation of site infrastructure, as needed to accommodate continued growth or shifts in student population and provide additional learning facilities or replace aging facilities.

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; upgrade or install signage, clocks and fencing; repair and replace heating and ventilation systems; upgrade of facilities Exhibit F.5.b.
Page 10 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 6 Exhibit A
for energy efficiencies; repair and replace worn-out and deteriorated roofs, windows, walls, doors and drinking fountains; upgrade public address systems; install wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; meet earthquake safety standards; improve water conservation; upgrade or construct support facilities, including administrative, physical education (including upgrading gyms, stadiums, athletic facilities, tracks, bleachers, lockers and equipment rooms), theater, and agricultural education classrooms and labs and performing arts and music classrooms; repair and replace fire alarms, emergency communications and security systems; resurface or replace hard courts, turf, install all-weather turf; irrigation and drainage systems and campus landscaping; replace asphalt and broken pavement; expand or improve parking lots and drop-off areas; replace portable classrooms; interior and exterior painting, floor covering and tile replacement; upgrade or expand school cafeterias; construct various forms of storage and support spaces and classrooms; repair, upgrade and install interior and exterior lighting systems; improve athletic fields and shade structures, including adding solar shade structures, and solar panels; replace or upgrade outdated security fences, gates and security systems (including access control systems); and upgrade heating, ventilation and air conditioning systems. The upgrading of technology infrastructure includes, but is not limited to, servers, switches, routers, modules, sound projection systems, call manager and network security/firewall, wireless technology systems, and other miscellaneous equipment. Some projects throughout the District may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans 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. Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code section 53410.

  Welcome    Question    Full Text    Agenda    Resolution    Notice  

Measure H Agenda Description

Agenda of July 25, 2018 (complete item)

HUSD Board of Education Workshop Meeting
Hayward USD
July 25, 2018 5:00PM

D. REPORTS AND COMMENTARY (Procedural Item)
D.1. General Public Comments for Items NOT Appearing on the Agenda (Procedural Item)
Rationale:

General comment speakers will typically be permitted 2 minutes speaking time, and 4 minutes should translation be needed.  A period not greater than 45 minutes is set aside for public comments for items NOT appearing on the current agenda. 

 
Minutes:
7:07pm - 7:26pm
1. Jan Johnson - HR complaint
STAFF FOLLOW UP REQUESTED BY BRUNNER
2. Wynn Grcich - General Government complaint, Bond Initiative (Board agenda item) complaint
3. Wendy Whittaker - SEIU President, with the new STEM buildings, bathrooms. Staffing is always short, who will do this work with budget reductions
4. Chantaine Fauntleroy - In advocacy of first speaker
5. Darlene Alvanzino - Senior citizen, bond measure (Board agenda item)
6. Oscar Lopez - bond measure (Board agenda item)
7. Felicia Olivares - In advocacy of first speaker
8. Mercedes Faraj - HEA president, no response from HR in regards to first speaker's matter. Materials not delivered to the year-rounds. Dr. Parenti's response, we'll get to it. Workshop meetings put us a disadvantage in the conversation.
STAFF FOLLOW UP WITH ETA ON HR MATTER REQUESTED BY WALKER
9. Peggy Guernsey - Special Education complaint
F.5. Adopt Facilities Resolutions (Procedural Item)
Minutes:
7:46pm - 7:56pm as presented by Tim Cody, Director III FMOT.

7:56pm - 8:31pm Board Questions
McGee - What assurances would we have that work put into the sites will not deteriorate through a lack of care after the expenditure?
A: This update gives the picture of the whole district.
McGee - Solar, electrical savings, how much would we be savings monthly/yearly, what would those dollars be sued for? Deferred maintenance account?
A: Allan Garde, Asst. Supt. Business Services: $3M to the General Fund, with that we would bring recommendations for best uses on that.
A: Supt. Dr. Wayne, prior approval was to move forward with solar, providing financing was found by November. So yes, it can be used for anything, and yes we are proposing that it be used for part of the bond projects.
Brunner - I'm pleased we've done a Facilities Master Plan update. Page 5 of 7, priority areas. Give an example of each enhancement.
A: Page 18 of the update: perimeter fencing, fire systems, PA systems, building shell systems, providing a same level of service facility wise across the district. Community enhancements: Parent resources, athletic facilities, landscaping, etc.
Brunner - Page 6 of 7 November bond idea, $60 per $100K assessed value? Senior exemption?
A: Yes, assessed value. Average assessed value was $350K with Measure L. Senior exemptions is not available with General Obligation bonds.
Brunner - Lorin Eden, Winton, Performing arts would get the first priority. Construction costs have doubled which is why we moved the conversation to modernization instead of new builds. Are we expecting to run this more like Measure I, upfront we know all roofs are going to be covered? We need to know the costs going into these projects, not just a need but what it costs and a timeline, a parallel/simultaneous one.
A: Key shift in our update. A student experience at Glassbrook is so different than that of Schafer Park. Working at all schools at the same time, that is definitely the type of detail project list we want to come up with.
Brunner - Explain more about when we realize the $3M from solar.
A: You will see an immediate reduction in PG&E costs.
Brunner - How long will it take to pay off the solar installation, so that the savings are free and clear?
A: If the bond paid for it, we'd realize the savings immediately.
Carlson - I recall 4 years from the last presentation, and then $1M a year thereafter in net savings. I don't want the idea to get lost.
Brunner - Prop 51 is not mentioned.
A: This team you have in place will rigorously seek funds.
Walker - Representatives in the room please identify yourselves.
Dan Maruccia - Lozano-Smith Bond Counsel
Lori Raineri - Government Financial Strategies
Matt Colker - Government Financial Strategies
Charles Heath TBWB Strategies
Robin Gerrity - TBWB Strategies

Reynoso - This community will be almost $1B in debt. I would like data. Don't get me wrong, I've asked for the maintenance plan for years, years. What is the timeline to vote on this so it gets put on the ballot?
A: 180 days before the election, August 10th.
Reynoso - You recommend this election for this to pass?
A: That's not really bond counsel question.
Reynoso - The transit community, we will have a community of seniors, because there is no place to go. Medical is going up. Pay my medical or pay the bond. What planning do we have, refinance?
A: The district does have outstanding debt, if the interest rate environment is such, GFSI might recommend...
A: It's an option.
Reynoso - Our current vendor has not been too good to me. If we do this again, that same vendor will get funds. How are we addressing that? Bond Construction Management - Vanir.
A: That vendor was approved for Measure L. The board decides who if we had another bond.
Reynoso - Do we have any meetings scheduled before August 10?
A: Not currently, but we could call a special meeting.
Reynoso - What are the patterns for attendance? We've been asking for that.
8:32pm - 8:50pm Public Speakers
1. Mercedes Faraj - F.5.a. Bowman, may not be able to fill to maximum capacity. Decision was made to work on enrollment efforts. We are not aware of anything more on this topic. Safety and maintenance issues are ever present. Timeline is not addressed in FMP.
2. Ken Rawden - F.5.b. Mailer, when Measure L was passed, East Bay Times article "Time stood still" in advocacy of the Performing arts center. I think the language is way too vague. The phone calls were where promises were made. I think you need to be specific and not weasel out of it again.
3. Chris Higgins - F.5.b Fairview resident. I like the FMP update. The information wasn't clear on what and wasn't done on Measure L. I have not seen a discussion on the Prop 51 funds and what has gone on with that. I can't vote for it if you publish your priorities after you have the election. Measure G, Measure A, etc. $260 and about to pop $240 more.
4. Gail Steele - F.5.b I care about the students who cannot read and write. Where are the parents responsibility of the outcomes?
5. Kevin Dawling - F.5.b Long-term civic member who has supported HUSD bonds/taxes/etc. This is rushed. 20 people mostly regulars, are here. This should have been done a year ago.
6. Mercedes Faraj - F.5.b No involvement. Measure L, we were asked about. We just had a contentious negotiation and will go into another very soon. Need? Yes. Timing? No.
7. Peggy Guernsey - F.5.b another $60 last year went up over $92, social security didn't increase for me.
8. Amanda Guernsey - F.5.b Disabled community. Can't afford the taxes.
F.5.b. #1819-06, Ordering and Election to Authorize the Issuance of School Bonds, Establishing Specifications of the Election Order, and Requesting Consolidation with any other Elections Occurring on November 6, 2018 (v) (Business Services) (Action Item)
Actions:
Motion
Passed with a motion by Dr. Robert Carlson and a second by Mrs. Lisa Brunner.
Vote:
Yes Mrs. Lisa Brunner.
Yes Dr. Robert Carlson.
Yes Mr. William McGee.
No Dr. Luis Reynoso.
Yes Dr. Annette Walker.
Minutes:
9:03pm - 9:34pm Board Deliberation
Reynoso - I would like to have a special meeting or table this.
Walker - We surveyed the community to see if they would support this?
A: We did a polling survey. We shared the notion of a bond in LCAP townhall and Measure L meetings.
Walker - What has the communication really been? It's an election year, and this is a big decision that is 20-years long. I'm not sure this is the best time to be honest. I think it warrants further discussion.
Carlson - This is not sudden. We've had at least 2 presentations on solar over 3-4 months old now. The poll of the community speaks louder than the half a dozen of people here tonight. I'm not sure this is overwhelming.
Brunner - Solar is not a new discussion.
Walker - City tax being put on?
A: The city considered two, but is putting on only one.
A: We've had 70%+ support consistently in voter results.
McGee - The needs are relevant. The concerns are enrollment, the previous bond mismanagement. Bond language is always vague for latitude's sake.
Cross-talk
A: I'm not clear on the direction. We did solicit community feedback and created the plan and request to put a bond on the ballot in response to that.
Walker - Have we educated the community on what this really means on the community's tax implications.
A: That happens on the ballot.
Attachments:
Specifications Of Election Order

  Welcome    Question    Full Text    Agenda    Resolution    Notice  

Measure H Resolution

Hayward Unified School District
Building a Culture of Success

BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018

SC102432 1

WHEREAS, the Hayward Unified School District (District) serves the Hayward community in Alameda County and strives to provide a quality education to approximately 20,700 students in transitional kindergarten through twelfth grade and prepare students to become dynamic leaders in our global society; and

WHEREAS, while we are proud of student achievement in our Hayward schools, our facilities have not kept pace and in order to maintain safe and modern learning environments, and keep up with increasing enrollment aging school facilities require necessary repairs and upgrades; and

WHEREAS, as requirements for student success rapidly change in 21st-century learning, our classrooms and labs also need to be modernized to meet current educational standards for science, technology, engineering and math; and

WHEREAS, in 2014 voters overwhelmingly approved Measure L to fund an initial phase of upgrades and while our district has used these funds to make necessary school improvements to many of our schools, urgent repairs and upgrades still remain to ensure all students have access to safe environments that promote highquality learning; and

WHEREAS, upgrades are needed at school facilities, including, but not limited to, repairing leaky roofs and aging facilities, updating heating, ventilation and air conditioning systems, and installing solar panels to increase energy efficiency and reduce energy costs; and

WHEREAS, upgrades are needed to ensure school facilities are accessible for students with disabilities and equitable for all; and

WHEREAS, modernization of outdated classrooms and school facilities, including, but not limited to, portable classrooms, restrooms, multi-purpose rooms and athletic fields; and

WHEREAS, improvement to student safety and campus fire safety and emergency communications systems including security equipment and surveillance cameras; and

WHEREAS, the District technology infrastructure needs to be updated to enable 21st-century learning and additional art and music instructional facilities need to be built; and

Exhibit F.5.b.
Page 1 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 2

WHEREAS, passage of a school facilities improvement bond measure will provide locally controlled funding that cannot be taken away by the State of California and must stay in our local community to improve local schools; and

WHEREAS, a school facilities improvement bond measure will require strict fiscal accountability requirements, including an independent citizens' oversight committee, mandatory annual audits and a prohibition against any funds being used for administrators' salaries, pensions or benefits; and

WHEREAS, passage of a school facilities improvement bond measure will help the District qualify for State matching funds that otherwise may be lost to other school districts; and

WHEREAS, in the judgment of the Board of Trustees (the "Board") of the Hayward Unified School District (the "District"), it is advisable to call an election to submit to the electors of the District the question of whether the bonds of the District shall be issued and sold for the purpose of raising money for the improvement, upgrade, and renovation of the District's existing schools, the acquisition and construction of additional classrooms and school facilities, and to refinance or retire part or all of its debt on existing facilities and school sites; and

WHEREAS, without a local school bond, the District will lose the opportunity to receive state matching funds which will then be awarded to other school districts; and

WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIIIA, Section 1, paragraph (b) of the California Constitution ("Article XIIIA") provides an exception to the limit on ad valorem property taxes on real property for bonded indebtedness incurred by a school district that has been approved by fiftyfive percent (55%) of the voters of the District voting on the proposition; and

WHEREAS, pursuant to California Education Code section 15264 et seq. (the "Act"), this Board is specifically authorized, upon approval by two-thirds (2/3) of the Board, to submit to the electorate of the District the question of whether bonds of the District shall be issued and sold for specified purposes, upon a fifty-five percent (55%) vote of the electorate in favor on the question, pursuant to paragraph (3) of said subdivision (b) of Section 1 of Article XIIIA and subdivision (b) of Section 18 of Article XVI of the California Constitution; and

WHEREAS, pursuant to subdivision (c) of California Education Code section 15100, the Board has obtained reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the County Assessor; and

Exhibit F.5.b.
Page 2 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 3

WHEREAS, pursuant to California Elections Code section 10403, et seq., 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 election officials of Alameda County (the "County") to perform certain election services for the District.

NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE HAYWARD UNIFIED SCHOOL DISTRICT HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

1. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold in the principal amount not to exceed $381,700,000 for the purpose of raising money for the improvement, upgrade, renovation, and replacement of the District's existing schools, facilities, and improvements, and the acquisition and construction of additional schools, facilities, and improvements, and paying costs incident thereto, as set forth more fully in a ballot proposition approved pursuant to Section 3 below. This Resolution constitutes the order of the District to call such election.

2. Election Date. The date of the election shall be November 6, 2018, and the election shall be held solely within the boundaries of the District.

3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the voters of the District to vote on a proposition, attached hereto as Exhibit A, containing the question of whether the District shall issue the Bonds for the purposes stated therein, together with the accountability requirements of Article XIIIA and the requirements of section 15272 of the Act. As required by California Elections Code section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto as Exhibit B. The District's Superintendent (or designee) is hereby authorized and directed to make any changes to the text of the proposition or its abbreviated form as required to comply with the intent of this Resolution, the requirements of elections officials, and requirements of law.

4. Authority for Election. The authority for ordering the election is contained in California Education Code section 15264, et seq., and Article XIIIA, Section 1, paragraph (b), subsection (3) of the California Constitution. The authority for the specification of this election order is contained in California Education Code section 5322.

5. School Facilities Projects. A list of the specific school facilities projects and uses to be funded from the proceeds of the bonds is set forth in Exhibit A. As required by Article XIIIA, the Board hereby certifies that it has evaluated Exhibit F.5.b.
Page 3 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 4
safety, class-size reduction, and information technology needs of the District in developing the list of school facilities projects and uses set forth in Exhibit A.

6. Covenants of the Board upon Approval of the Bonds by the Electorate. As required by Article XIIIA and section 15272 of the Act, if fifty-five percent (55%) of the voters of the District voting on the measure approve of the bonds, the Board shall:

  1. (a) Use the bond proceeds only for the purposes authorized under Article XIIIA, including construction, reconstruction, rehabilitation, or replacement of school facilities, furnishing and equipping of school facilities, and the acquisition or lease of real property for school facilities, as specifically set forth in Exhibit A, and costs incident thereto, and not for any other purpose, including salaries and other routine school operating expenses;
  2. (b) Conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the projects and uses listed in Exhibit A; and
  3. (c) Conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for school facilities projects and uses listed in Exhibit A; and
  4. (d) Establish and appoint members to an independent citizens' oversight committee in accordance with sections 15278, 15280, and 15282 of the Act.

7. Delivery of this Resolution. The Clerk of this Board is hereby authorized and directed to send or hand deliver a copy of this Resolution to the County Superintendent of Schools and the County Registrar of Voters by no later than August 8, 2018.

8. Declaration of Official Intent. The District hereby declares its official intent, subject to the further approval of this Board, to use up to the maximum amount permitted by law of the proceeds of the proposed bonds to reimburse itself for payments it has made for any eligible costs of the projects and uses listed in Exhibit A. It is intended that this Resolution shall, among other things, constitute a declaration of "official intent" within the meaning of Section 1.150-2 of the Treasury Regulations promulgated under Section 150 of the Internal Revenue Code of 1986, as amended.

9. Ballot Arguments; Tax Rate Statement. Any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument. The Superintendent, Exhibit F.5.b.
Page 4 of 68
Hayward Unified School District
Building a Culture of Success
BOARD OF EDUCATION RESOLUTION 1819 – 06
RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
SC102432 5
President of the Board, or their designees, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot.

10. Consolidation of Election; Election Services. The County Registrar of Voters and the 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. Pursuant to section 5303 of the Education Code and section 10002 of the Elections Code, the County Board of Supervisors is requested to permit the County Registrar of Voters, and other appropriate officials of the County, to render all services necessary in connection with the bond election including, but not limited to, publication of a Formal Notice of School Bond Election pursuant to Education Code section 5363 and related law (the proposed form of which is attached hereto in Exhibit C), the mailing of the sample ballot and tax rate statement (described in section 9401 of the Elections Code), the opportunity to submit ballot arguments in connection with the bond election, the canvassing and certification of the returns of the election, and other ballot requirements pursuant to Elections Code section 15123, for which services the District agrees to reimburse the County as required by law.

11. Severability. If any section, subsection, phrase or clause of this Resolution, or its application to any person or circumstance, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, or their application to any other person or circumstance. The Board declares that it would have adopted this Resolution and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, sentences, phrases or clauses, or their application to any person or circumstance, shall be declared invalid.

12. Effective Date. This Resolution shall take effect immediately upon its adoption.

* * * * * * * * * * * * * * * * * * * *

PASSED AND ADOPTED on July 25, 2018, by the following vote:

By: ____________________________________
President, Board of Trustees of the
Hayward Unified School District

ATTEST:

________________________________________
Clerk, Board of Trustees of the
Hayward Unified School District

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Measure H Notice of Election

Exhibit F.5.b.
Page 12 of 68
SC102432 1 Exhibit C

EXHIBIT C

FORMAL NOTICE OF SCHOOL BOND ELECTION

NOTICE IS HEREBY GIVEN to the qualified electors of the Hayward Unified School District of Alameda County, California, that in accordance with the provisions of the Education Code of the State of California, an election will be held on November 6, 2018, within the District, at which election the following measure shall be submitted to the qualified electors of the District and voted upon:

"To provide safe/modern schools; upgrade aging classrooms/school facilities; update classroom technology; provide art/music classrooms; improve accessibility for students with disabilities; upgrade fire safety/emergency communications/school security systems; install solar panels; repair leaky roofs; update plumbing/heating/ventilation systems, shall Hayward Unified School District issue $381,700,000 in bonds at legal rates, levy approximately $60 per $100,000 of assessed value annually (generating approximately $24,502,000), anticipated through 2049-50, with independent oversight and all funds staying local?

Bonds - Yes Bonds– No"

The bonds shall bear interest at an annual rate not exceeding the statutory maximum. The maturity of the bonds shall not exceed the maximum term allowed by law at the time of issuance (currently 25 years if issued under Education Code section 15140, or 40 years if issued under Government Code section 53508, so long as the bonds are not capital appreciation bonds ("CABs," which CABs are limited to 25 years)). Accordingly, as further set forth in the tax rate statement, the ad valorem tax will be levied at such rates and for so long as may be required to meet the debt service needs of the bonds proposed to be issued, including such bonds that may be issued to refund any approved bonds.

All of the purposes enumerated in the foregoing measure shall be united and voted upon as one single measure, with precincts, places of holding the elections and officers appointed to conduct the elections to be the same as those provided for the statewide gubernatorial general election to be held on November 6, 2018, under the Notice of Election published ________.

This election has been called pursuant to a Resolution of the Board of Trustees of the Hayward Unified School District, adopted on June 20, 2018. The Elections Official of the County of Alameda hereby gives formal notice of the election in accordance with the provisions of Education Code section 15120.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ___________, 2018.

Registrar of Voters
Alameda County, California

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