Fremont Union High Schools: Vote Yes on Measure CC Bonds - Santa Clara County - 2018 general Election
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  Welcome    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure CC Campaign

#HonestBallots Movement

Your Santa Clara 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 Fremont Union High 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, Santa Clara, 0614430, 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 Survey:EMC Research (Jessica Polsky). 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    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Measure CC Question

To upgrade school safety and security systems; repair leaky roofs and windows, support programs in science, technology, English, arts, and math with 21st century infrastructure; provide essential seismic upgrades, and acquire, construct, repair sites, facilities and equipment; shall Fremont Union High School District issue $275 million in bonds at legal rates, raising an estimated $17.5 million annually until approximately 2049-2050 at projected rates of 1.6 cents per $100 of assessed valuation, with citizens' oversight and all funds staying local?

Final Ballot Statement

To upgrade school safety and security systems; repair leaky roofs and windows, support programs in science, technology, English, arts, and math with 21st century infrastructure; provide essential seismic upgrades, and acquire, construct, repair sites, facilities and equipment; shall Fremont Union High School District issue $275 million in bonds at legal rates, raising an estimated $17.5 million annually until approximately 2050 at projected rates of 1.6 cents per $100 of assessed valuation, with citizens' oversight and all funds staying local?

Bonds Yes
Bonds No

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

Impartial Analysis for Measure CC

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MEASURE CC

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE CC

Measure CC would authorize issuance of $275,000,000 in bonds to fund school facilities projects in the Fremont Union High School District (District). Such bonds are financial instruments used by school districts to borrow money that is repaid by a property tax levy. California law allows school districts to propose bond measures to authorize the issuance of bonds. To pass, the Measure must be approved by 55 percent of voters who vote in the election. The Measure was put on the ballot by Board of Trustees (Board) of the District.

Money generated by the bonds can only be used for the purposes that are set out in the full text of the Measure. The Measure states that the money could be used, among other things, for:

  • Energy, technology, and infrastructure improvements;
  • Renovation and construction of classrooms and school facilities;
  • Exterior and grounds improvements; and,
  • General improvements and renovations, general refurbishment, building construction, seismic upgrades, and replacement of electrical systems.

A complete list of projects and allowed expenditures is included within the full text of the Measure. The Board has declared that it has evaluated safety, class size, and information technology needs in developing its project list.

Under the California Constitution, money generated by school district bond measures cannot be used for teacher and administrator salaries or pensions, or other school operating expenses. The California Constitution requires the District to hire an independent professional to annually examine how the District is spending bond money. State law also requires the District to establish an independent citizens' oversight committee to ensure that money generated by the bonds is used only for the projects included in the Measure.

The bonds will be repaid from taxes collected on property in the District. The amount of the tax paid will depend on the assessed value of the property. The District's best estimate of the highest tax rate to be collected to repay the bonds is $16.00 per $100,000 of the assessed value of the property. The District's best estimate of the total amount, including interest, that will be required to repay the bonds is $560,000,000. The District estimates that the final year that taxes will be collected to repay the bonds is fiscal year 2049-2050.

A "yes" vote is a vote to authorize the issuance of the bonds in the amount of $275,000,000 to be repaid by collection of taxes on property located within the District.

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

James R. Williams
County Counsel

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

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

Argument in Favor of Measure CC

ARGUMENT IN FAVOR OF MEASURE CC

A Yes vote on Measure CC continues our community's investment in the facilities and schools of the Fremont Union High School District. Cupertino, Fremont, Homestead, Lynbrook and Monta Vista High Schools have been transformed by local bond funds and matching state dollars with new classrooms, libraries, student centers and athletic facilities. But, there is more that needs to be completed.

Measure CC will:

  • Modernize our older high school classrooms and science labs to meet 21st Century educational standards for science, technology, engineering, arts and math
  • Repair and replace leaky windows and roofs, old plumbing and HVAC systems
  • Provide seismic upgrades
  • Upgrade school safety and security systems
  • Improve facility access for disabled students and staff

All revenue from Measure CC will be spent here on our local high schools. These funds cannot be taken away by the state and no funds can be spent on teacher or administrator salaries or pensions. Measure CC will cost property owners $16 per $100,000 of assessed value.

Measure CC provides strict accountability. All funds will be audited annually and reviewed by an independent citizens' oversight committee. All funds will be spent to benefit local high school students today and for generations of future students.

We have invested wisely as a community in our high schools. We have built new classrooms to accommodate our enrollment needs and updated high school facilities that were built 50-60 years ago (Fremont was built in 1925). We need to protect and maintain these facilities so we can continue to serve our students.

Our high schools consistently rank among the top in California and the country. We need to continue to invest in our high schools to protect and enhance the opportunities we provide for our high school students to succeed and thrive.

Please vote Yes on Measure CC.

/s/ Lawrence E. Stone
Santa Clara County Assessor

/s/ Dolly Sandoval
Former, Cupertino Mayor

/s/ Dianne McKenna
Former, Mayor of Sunnyvale

/s/ Charlie Olson
Orchardist

/s/ Pearl Cheng
Trustee, Foothill DeAnza Community College SC Ballot Type 186 - Page 037

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Rebuttal to Argument in Favor of Measure CC

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REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE CC

As those in favor have stated-Fremont Unified already have new classrooms and updated facilities. Now is the time to teach our children how to be smart with their finances by setting the example. Now is the time to focus on paying down the hundreds of millions in debt before taking out a new loan that these same children will be responsible for paying off.

There are already safeguards in place to keep your schools money from being "taken away by the state". Proposition 30 (2012) Education Protection Account (EPA) protects schools from having their budgets slashed by the state.

In fact, the state now has a surplus of funds ready to be spent on local projects-just like these-but did anyone asked the state before coming back to the taxpayers? Proposition 2 (2014) allows for excess taxes received to go into a special school reserve fund. The state predicts it will receive over $2.4 billion in school reserve funds by 2019. Our students will have the funding they deserve for a great education, even if we hit another recession.

Don't let these bond measure people scare you. Our schools and students are on the right path, without a second bond in just 4 years.

VOTE NO ON MEASURE CC

/s/ Jennifer Imhoff
Chair, Libertarian Party of Santa Clara County

/s/ Mark Hinkle
President, Silicon Valley Taxpayers Association

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Argument Against Measure CC

ARGUMENT AGAINST MEASURE CC

The proposed Fremont Unified School District's bond presents a list of safety and security upgrades that are hard to say no to-especially for the children. Except this $275 million bond follows the $295 million approved just 4 years ago that promised many of these same safety and security upgrades.

As of February of this year, Measure K currently has over $26 million for "unidentified projects". The board also approved moving almost $12 million away from needed upgrades to classrooms and landscaping just to add scope to the stage, Dance, and other luxury projects. And instead of completing permanent structures as promised they opted for temporary housing at the same price.

There is no solid plan and no prioritization for the potential projects that should have been completed in the previous bonds. This bond is already rushed and mismanaged at the cost of almost doubling existing specialized local school taxes.

This area's high living costs are already driving out middle class families to cheaper cities. Expect accountability and Vote NO on Measure CC For more information go to www.scclp.org and www.svtaxpayers.org

/s/ Jennifer Imhoff
Chair, Libertarian Party of Santa Clara County

/s/ Mark Hinkle
President, Silicon Valley Taxpayers Association SC Ballot Type 186 - Page 038

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Rebuttal to Argument Against Measure CC

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REBUTTAL TO ARGUMENT AGAINST MEASURE CC

The opponents of this measure have filed so many anti-school arguments that they failed to correctly identify the high school district.

Measure CC will not only provide safety and security upgrades for our students, but also allow the Fremont Union High School District to modernize the majority of its classrooms–many of which are more than 50 years old.

The management of the bond by FUHSD has been exemplary, evidenced by the District's credit ratings of Triple A from both Moody's and S&P, the highest possible. Construction is currently taking place across the District's five campuses and all remaining bond funds are committed to projects. The District has moved quickly on projects in order to mitigate rapidly escalating construction costs and save taxpayer funds.

Measure CC projects will include classroom modernization, roof repairs and safety and security upgrades at every campus. After decades without dedicated funding for school facilities, the District has modernized our high schools to meet the standards and expectations of the 21st Century.

We encourage all voters to visit www.fuhsd.org for information on the improvements at each of our school sites to see how past bond funds have benefitted our schools and community. Talk to your friends and neighbors about our high schools and learn about the outstanding students who thrive in our classrooms every day.

Measure CC continues critical investments that keep our schools safe and modern and allow the District to provide school facilities for years to come. Please vote Yes on Measure CC.

/s/ Roberta Hollimon
Senior Citizen and Resident, Cupertino

/s/ Homer H.C.Tong
Former FUHSD Board of Trustees/Retired Professor DeAnza College

/s/ Reid Myers
Sunnyvale Elementary, Board of Trustees

/s/ Joe Hamilton
Retired Superintendent, FUHSD

/s/ April Scott
Retired Principal, Monta Vista High School SC Ballot Type 186 - Page 039

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Full Text of Measure CC

14.1.a
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EXHIBIT A

FULL TEXT OF BOND PROPOSITION

FREMONT UNION HIGH SCHOOL DISTRICT
CLASSROOM AND FACILITY IMPROVEMENT BOND OF 2018

This Proposition may be known and referred to as the "Fremont Union High School District Classroom and Facility Improvement Bond of 2018" or as "Measure __". [designation to be assigned by County Registrar of Voters]

KEY FINDINGS

Voters in the Fremont Union High School District (the "District") have approved three separate bond authorizations, from which the District has issued bonds that are still outstanding: (i) Measure H approved on April 14, 1998, (ii) Measure B approved on June 3, 2008 and (iii) Measure K approved on November 4, 2014. In fiscal year 2017-18, the combined general obligation tax rate was $46.40 per $100,000 of assessed value (not market rate). For fiscal year 2018-19, the combined general obligation tax rate for all outstanding bonds issued under these measures is projected to be $43.00 per $100,000 of assessed value (not market rate). Bonds issued under: (i) Measure H are expected to be paid off by 2025-26, (ii) Measure B are expected to be paid off by 2042-43 and (iii) Measure K are expected to be paid off by 2047-48.

The five high schools of the Fremont Union High School District – Cupertino High School, Fremont High School, Homestead High School, Lynbrook High School, and Monta Vista High School – serve nearly 11,000 students from the cities of Cupertino, Los Altos, San Jose, Santa Clara, Saratoga and Sunnyvale. The Adult and Community Education program serves an additional 22,000 students in part-time programs offered at a variety of venues throughout our community.

The nearly 1,000 staff members of the District dedicate themselves to supporting and educating capable, caring and contributing citizens. Staff members bring a myriad of experiences and educational achievements to their endeavors and this combination makes a powerful difference in the lives of District students. This expertise can be found among the resumes of recent hires who have experience in video game development and software engineering, advanced scientific research, are fluent in Arabic, French, Mandarin, and Spanish, and have volunteered extensively throughout the world.

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the voters of the Fremont Union High School District (the "District") voting on the proposition, the District shall be authorized to issue and sell bonds of up to $275,000,000 in aggregate principal amount to provide financing for the specific school facilities 14.1.a
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projects listed under the heading entitled "BOND PROJECT LIST" below (the "Bond Project List"), and qualify to receive State of California matching grant funds, subject to all of the accountability safeguards specified below.

ACCOUNTABILITY SAFEGUARDS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the District may be assured that their money will be spent to address specific school facilities needs of the District, all in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Sections 15264 et seq. of the California Education Code (the "Education Code")).

Evaluation of Needs. The Board of Trustees of the District (the "Board") has prepared an updated facilities plan in order to evaluate and address all of the facilities needs of the District at each campus and facility, and to determine which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.

Limitations on Use of Bonds. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, including, to the extent permitted by law, the acquisition or lease of real property in connection with an existing or future financing of the specific school facilities projects listed in the Bond Project List, including the prepayment of existing or future interim lease, certificate of participation or lease revenue bond financings, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

Independent Citizens' Oversight Committee. The Board shall establish an independent citizens' oversight committee (pursuant to Education Code Section 15278 et seq.), to ensure bond proceeds are expended only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date that the Board enters the election results on its minutes pursuant to Section 15274 of the Education Code. In accordance with Section 15282 of the Education Code, the citizens' oversight committee shall consist of at least seven members and shall include a member active in a business organization representing the business community located within the District, a member active in a senior citizens' organization, a member active in a bona fide taxpayers' organization, a member that is a parent or guardian of a child enrolled in the District, and a member that is both a parent or guardian of a child enrolled in the District and active in a parent-teacher organization. No employee or official of the District and no vendor, contractor or consultant of the District shall be appointed to the citizens' oversight committee.

Annual Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been 14.1.a
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expended only on the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for performance audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.

Annual Financial Audits. The Board shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.

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

FURTHER SPECIFICATIONS

Joint-Use Projects. The District may enter into agreements with other public agencies or nonprofit organizations for joint use of school facilities financed with the proceeds of the bonds in accordance with Education Code Section 17077.42 (or any successor provision). The District may seek State grant funds for eligible joint-use projects as permitted by law, and this proposition hereby specifies and acknowledges that bond funds will or may be used to fund all or a portion of the local share for any eligible joint-use projects identified in the Bond Project List or as otherwise permitted by California State regulations, as the Board shall determine.

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

Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest shall be made payable at the time or times permitted by law. The bonds may be issued and sold 14.1.a
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in several series, and no bond shall be made to mature more than the statutory maximum number of years from the date borne by that bond.

ESTIMATED BALLOT INFORMATION

The District is required by law to include in the statement of the measure to be voted on estimates of the amount of money to be raised annually to repay the bonds and the rate and duration of the tax to be levied for the bonds. As of the time this proposition was placed on the ballot, the District estimated an average $17,500,000 would be raised annually for the repayment of the authorized bonds until approximately 2049-50 at a projected tax rate of 1.6 cents per $100 of assessed valuation. Attention of all voters is directed to the fact that such information is based upon the District's projections and estimates only, which are not binding upon the District. The amount of money to be raised annually and the rate and duration of the tax to be levied for the bonds may vary from those presently estimated due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.

BOND PROJECT LIST

The Bond Project List below lists the specific projects the District proposes to finance with proceeds of the bonds. The Bond Project List shall be considered a part of the bond proposition and shall be reproduced in any official document required to contain the full statement of the bond proposition. Listed projects will be completed as needed at a particular school or facility site according to Board-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. Any authorized repairs shall be capital expenditures. The Bond Project List does not authorize non-capital expenditures. Each project is assumed to include its share of costs of the election and bond issuance, construction-related costs, such as project and construction management, architectural, engineering, inspection and similar planning and testing costs, demolition and interim housing costs, legal, accounting and similar fees, costs related to the independent annual financial and performance audits, a contingency for unforeseen design and construction costs, and other costs incidental to or necessary for completion of the listed projects (whether the related work is performed by the District or third parties). The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. In addition, certain construction funds expected from non-bond sources, including State of California grant funds for eligible projects, have not yet been secured. Therefore, the Board cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Alternatively, if the District obtains unexpected funds from 14.1.a
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non-bond sources with respect to listed projects, such projects may be enhanced, supplemented or expanded to the extent of such funds. Some projects may be subject to further government approvals, including by State officials and boards and/or local environmental or agency approval. Inclusion of a project on the Bond Project List is not a guarantee that the project will be completed (regardless of whether bond funds are available). The Board may undertake repairs, rehabilitations, improvements, acquisitions, or new construction to complete each or any of the projects listed herein as may be determined desirable by the District at the time the project is undertaken. The Board may make changes to the Bond Project List in the future consistent with the projects specified in the proposition. If any provision of this bond proposition, or part thereof, is for any reason held by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end, the provisions of the bond proposition are severable.

The specific projects authorized to be financed with proceeds of the bonds under this proposition are as follows:

DISTRICT WIDE PROJECTS

The following projects are authorized to be financed at all current and future District sites, including:

Cupertino High School Fremont High School
Homestead High School Lynbrook High School
Monta Vista High School

ENERGY, TECHNOLOGY & INFRASTRUCTURE IMPROVEMENTS

  • ? Acquire and install energy-saving improvements, including, but not limited to upgraded insulation, efficient lighting, energy management systems.
  • ? Acquire and install solar electricity generation and distribution systems, including, but not limited to, rooftop installation of solar panels and construction of parking lot shade structures and other structures to support additional solar panels and related infrastructure.
  • ? Replace existing or acquire new classroom technology (including, but not limited to, computers, "smart boards", digital projectors and document cameras) and network equipment (including, but not limited to, servers, network interface devices, network switches and routers, wireless network equipment, firewalls, network security equipment, racking, power and cooling equipment and uninterruptible power supplies) over an approximately ten-year period on a three- to five-year replacement cycle.
  • ? Acquire and install emergency notification and comprehensive "attendance dialer" systems.
  • ? Furnish and equip classrooms and other facilities with appropriate 14.1.a
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    items, including, but not limited to, desks, chairs and classroom furniture, science and lab equipment, school-site maintenance equipment, copy machines, "cubicle" partitions, chairs, storage units and school office equipment, including, but not limited to, initial purchases and continued replacement of equipment and furniture as needed.
  • ? Complete upgrading, replacement or installation of building systems as needed, including, but not limited to, interior plumbing, electrical wiring, lighting, heating, ventilation and air conditioning systems.
  • ? Complete upgrading, replacement or installation of Ethernet or other network access systems, telephone system, radio system, fire alarm system, public address system, intrusion alarm system and video surveillance system, and other security systems.
  • ? Repair, replace, install, add or upgrade utility systems/lines as needed, including water lines, gas lines, sewer lines, storm drains, electrical lines and telephone lines, and connections to city systems.

RENOVATION AND CONSTRUCTION OF CLASSROOMS AND SCHOOL FACILITIES

  • ? Construct new classrooms and classroom buildings, laboratories, lecture halls, libraries and other educational facilities to meet the requirements of increasing enrollment and class size reduction.
  • ? Construct new classrooms and classroom buildings for career and technical education, or renovate and rehabilitate/reconstruct existing classrooms for career and technical education.
  • ? Acquire, construct, upgrade, modernize, rehabilitate, re-configure, expand, furnish and/or equip classrooms and facilities, including, but not limited to, the Adult and Community Education's Adult Secondary Education facilities and the maintenance yard.
  • ? Renovate/modernize classrooms that have not yet been modernized.
  • ? Renovate or construct Americans with Disabilities Act-compliant restrooms.
  • ? Construct or renovate restrooms as needed to support population size.
  • ? Renovate, replace or construct physical education and athletic fields and associated facilities, including, but not limited to, all-weather tracks, natural or artificial turf football, baseball and/or soccer fields, practice fields, tennis courts, and stadiums, with lighting, equipment, bleachers, restrooms, physical education, athletic and grounds maintenance equipment storage and amenities.
  • ? Renovate, modernize, or construct and equip school kitchens and cafeterias, including, but not limited to, food storage, preparation, serving and dining areas.
  • ? Renovate, modernize or construct other educational support facilities at all sites as the Board determines may be necessary and appropriate.
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  • ? If and as opportunities become available, and to the extent the Board determines that bond funds are available for the purpose, acquire additional locations and construct, convert, renovate or improve such additional locations as the Board determines may be necessary and appropriate to serve designated educational purposes.

EXTERIOR & GROUNDS IMPROVEMENTS

  • ? Acquire and install exterior safety lighting.
  • ? Acquire and install electronic message boards.
  • ? Acquire and install security systems.
  • ? Acquire and install campus signage.
  • ? Construct, repair, replace, renovate and rehabilitate walkways, covered walkways, breezeways and sidewalks.
  • ? Landscape improvements and repairs, including but not limited to, tree mitigation, walkways, walkway covers, ramps, soil stabilization, soil mitigation, fencing, new or repaired irrigation systems, etc.
  • ? Repair or upgrade roads and parking, including reconfigured or new pickup/dropoff, ingress/egress, and traffic lights and mitigation.
  • ? Expand or construct new storage facilities.
  • ? Repair, replace or upgrade exterior campus fencing.
  • ? Resurface, refurbish, repair and paint building exteriors as needed.
  • ? Repair, replace and resurface quads and other paved areas, including installation or repair of drainage and installation of seating, tables and other amenities.

GENERAL IMPROVEMENTS & RENOVATIONS

  • ? General refurbishment, including, but not limited to, flooring, walls, ceilings, facades, entries, painting, and signage for classrooms, multipurpose rooms, libraries, labs, offices, portables, restrooms, administration buildings, staff rooms, board rooms, break rooms, workrooms, facilities, maintenance and operations shop, and/or common areas.
  • ? Building construction (including demolition), upgrades and repairs, including but not limited to, student and staff restrooms, food service areas, food service equipment, administrative areas, counseling areas, student services areas, locker rooms, including showers and lockers, portable classrooms (including acquisition), floors and roofs, including roof canopy systems, structural repairs and improvements, windows, doors and door locks, asbestos mitigation, façade improvements, etc.
  • ? Seismic upgrades.
  • ? Electrical systems upgrades/replacement, including, but not limited to 14.1.a
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    bells, PA systems and LED lighting.

All or portions of these projects may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).

MISCELLANEOUS

All listed bond projects include the following as needed:

  • ? Removal of hazardous materials such as asbestos and lead paint as needed.
  • ? Construction and/or installation of access improvements for disabled persons, as required by state and federal law.
  • ? Associated onsite and offsite development, demolition and other improvements made necessary by listed bond projects.
  • ? Planning, designing and providing temporary housing necessary for listed bond projects.
  • ? Purchase of any rights-of-way and/or easements made necessary by listed bond projects.
  • ? Acquisition of all or a portion of any school site or facility, or an interest therein, encumbered in order to finance or refinance the listed school facilities projects.

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Measure CC Tax Rate Statement

TAX RATE STATEMENT

An election will be held in the Fremont Union High School District (the "District") on November 6, 2018, to authorize the sale of up to $275,000,000 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 1.6 cents per $100 ($16 per $100,000) 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 2049-50.
  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 1.6 cents per $100 ($16 per $100,000) of assessed valuation in fiscal year 2023-24.
  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 $560,000,000.

Voters should note that estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value, which could be more or less than the assessed value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above. Certain taxpayers may also be eligible to postpone payment of taxes. Property owners should consult their own property tax bills and tax advisors to determine their property's assessed value and any applicable tax exemptions. The estimated rates presented above represent only new taxes to be levied to support bonds issued under this bond measure and will be over and above and separate from the 1% property tax described in the California Constitution and any other bond related property tax rates that are currently being levied to support bonds issued under bond measures previously authorized by voters of the District (including bonds authorized and issued pursuant to the elections held on June 3, 2008 and November 4, 2014 and any bonds issued to refund bonds authorized and issued pursuant to the elections held on April 14, 1998 and June 3, 2008) or any overlapping public agency or that might be levied to support bonds issued under bond measures to be authorized by voters of the District or any overlapping public agency.

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 average annual tax rate, the highest tax rate and the year or years in which it will apply, and the actual total debt service, may vary from those presently estimated due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be SC Ballot Type 186 - Page 036

PR-8406-6-ENG
TAX RATE STATEMENT-Continued

determined by the District based on need for construction funds and other factors, including the legal limitations on bonds approved by a 55% affirmative vote. 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: JULY 27, 2018.

/s/ Polly M. Bove
Superintendent, Fremont Union High School District

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Measure CC Agenda Description

Agenda of July 27, 2018 (complete item)

Fremont Union High School District

Board of Trustees Agenda

Regular Meeting

Friday, July 27, 2018
11:00AM Study Session ? 12:00PM Closed Session ? 1:00PM Open Session

2. Study Session

2.1. Review of Survey Results for a Potential Future Bond

14. Bond and Facilities

14.1. Adoption of Resolution #1819-03 Ordering School Bond Election and Authorizing Necessary Actions


FREMONT UNION HIGH SCHOOL DISTRICT

MEMORANDUM
July 27, 2018

TO: Board of Trustees

FROM: Graham Clark, Associate Superintendent Administrative Services
Christine Mallery, CBO/Associate Superintendent

PREPARED BY: Christine Mallery, CBO/Associate Superintendent

SUBJECT: Review of Survey Results for a Potential Future Bond

EMC will present the results of the survey that was completed regarding a potential future bond.

Recommended Action:

No Action, Information Only

ATTACHMENTS:

  • ? 18-6846 FUHSD Report - Final (PDF)

Updated: 7/19/2018 10:26 AM A Page 1


FREMONT UNION HIGH SCHOOL DISTRICT

MEMORANDUM
July 27, 2018

TO: Board of Trustees

FROM: Graham Clark, Associate Superintendent Administrative Services
Christine Mallery, CBO/Associate Superintendent

PREPARED BY: Christine Mallery, CBO/Associate Superintendent

SUBJECT: Adoption of Resolution #1819-03 Ordering School Bond Election and Authorizing Necessary Actions

We are seeking adoption of Resolution #1819-03 authorizing a bond measure to be put on the November 6, 2018 ballot.

This bond is being proposed to upgrade facilities at Cupertino, Fremont, Homestead, Lynbrook and Monta Vista High Schools.

All expenditures will be monitored by an Independent Citizens' Oversight Committee.

Recommended Action:

Approve adoption of Resolution #1819-03 Ordering School Bond Election and Authorizing Necessary Actions.

ATTACHMENTS:

  • ? Resolution Calling Election November 2018 - Fremont UHSD 4125-4780-2383 3 (PDF)

Updated: 7/23/2018 1:29 PM Page 1
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Measure CC Resolution

4125-4780-2383.3

RESOLUTION NO. 1819-03

RESOLUTION OF THE BOARD OF TRUSTEES OF THE
FREMONT UNION HIGH SCHOOL DISTRICT ORDERING A
SCHOOL BOND ELECTION, AND AUTHORIZING
NECESSARY ACTIONS IN CONNECTION THEREWITH

________________________________

WHEREAS, voters in the Fremont Union High School District (the "District") have approved three separate bond authorizations, from which the District has issued bonds that are still outstanding: (i) Measure H approved on April 14, 1998, (ii) Measure B approved on June 3, 2008 and (iii) Measure K approved on November 4, 2014. In fiscal year 2017-18, the combined general obligation tax rate was $46.40 per $100,000 of assessed value (not market rate). For fiscal year 2018-19, the combined general obligation tax rate for all outstanding bonds issued under these measures is projected to be $43.00 per $100,000 of assessed value (not market rate). Bonds issued under: (i) Measure H are expected to be paid off by 2025-26, (ii) Measure B are expected to be paid off by 2042-43 and (iii) Measure K are expected to be paid off by 2047-48; and

WHEREAS, the five high schools of the Fremont Union High School District –Cupertino High School, Fremont High School, Homestead High School, Lynbrook High School, and Monta Vista High School – serve nearly 11,000 students from the cities of Cupertino, Los Altos, San Jose, Santa Clara, Saratoga and Sunnyvale. The Adult and Community Education program serves an additional 22,000 students in part-time programs offered at a variety of venues throughout our community; and

WHEREAS, the nearly 1,000 staff members of the District dedicate themselves to supporting and educating capable, caring and contributing citizens. Staff members bring a myriad of experiences and educational achievements to their endeavors and this combination makes a powerful difference in the lives of District students. This expertise can be found among the resumes of recent hires who have experience in video game development and software engineering, advanced scientific research, are fluent in Arabic, French, Mandarin, and Spanish, and have volunteered extensively throughout the world; and

WHEREAS, the Board of Trustees (the "Board") of the District, located in the County of Santa Clara (the "County"), is authorized to order elections within the District and to designate the specifications thereof, pursuant to Sections 5304 and 5322 of the California Education Code (the "Education Code"); and

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

WHEREAS, pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, and Section 15266 of the Education Code, school districts may seek 14.1.a
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approval of bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purposes hereinafter specified, provided certain accountability requirements are included in the proposition, including (a) that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIIIA, Section 1(b)(3) of the Constitution, and not for any other purpose, including teacher and administrator salaries and other school operating expenses, (b) that a list of the specific school facilities projects to be funded be included, which the school district board has certified that it has evaluated safety, class size reduction and information technology needs in developing, and (c) that performance and financial audits be required and there be oversight by an independent citizens' oversight committee to ensure that all funds are spent properly and as promised to the voters; and

WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors, which, if approved by 55% of the votes cast, would permit the District to issue its bonds; and

WHEREAS, such a bond election must be conducted concurrent with a statewide primary election, general election or special election, or at a regularly scheduled local election at which all of the electors of the District are entitled to vote, as required by Section 15266 of the Education Code; and

WHEREAS, on November 6, 2018, a statewide general election is scheduled to be conducted throughout the District; and

WHEREAS, subsection (c) of Section 15100 of the Education Code provides that, before the governing board of a school district may order an election pursuant to Education Code Sections 15100 et seq., it shall obtain reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the county assessor; and

WHEREAS, although Santa Clara County Assessor does not make projections of massessed property valuations, the Board has been presented projections of assessed property valuations of the property within the boundaries of the District in connection with developing the bond proposition that take into consideration, among other things, the long-term historical average growth rates of assessed property valuations of the property within the boundaries of the District and the Board finds those projections to be reasonable and informed; and

WHEREAS, the Board has determined that, based upon such projections of assessed property valuation, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the maximum tax rate permitted by Section 15268 of the Education Code; and

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

WHEREAS, the Board now desires to authorize the filing of a ballot argument in favor of the bond proposition to be submitted to the voters at the election; and

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WHEREAS, if a project or projects to be funded by the bonds will require State of California matching grant funds for any phase, the sample ballot must contain a statement, in the form prescribed by law, advising the voters of that fact, and the Board finds that completion of a portion of certain of the projects listed in the bond proposition set forth herein may utilize State matching grant funds for any phase thereof;

NOW, THEREFORE, be it resolved, determined and ordered by the Board of Trustees of the Fremont Union High School District as follows:

Section 1. Recitals. All of the above recitals are true and correct.

Section 2. Specifications of Election Order; Required Certification. Pursuant to Education Code Sections 5304, 5322, 15100 et seq., and 15266, and Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, a special election shall be held within the boundaries of the District on November 6, 2018, for the purpose of submitting to the registered voters of the District the bond proposition contained in Exhibit A attached hereto and incorporated herein. In accordance with Section 1 of Article XIIIA of the California Constitution, and as provided in the text of the bond proposition, the Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the bond project list set forth in the bond proposition.

Section 3. Conduct of Election.

  1. (a) Request to County Officers. Pursuant to Section 5303 of the Education Code, the Registrar of Voters of the County (the "Registrar of Voters") is required to, and is hereby requested to, take all steps to hold the election in accordance with law and these specifications.
  2. (b) Abbreviation of Proposition. Pursuant to Section 13247 of the Elections Code and Section 15122 of the Education Code, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot:
  3. "To upgrade school safety and security systems; repair leaky roofs and windows, support programs in science, technology, English, arts, and math with 21st century infrastructure; provide essential seismic upgrades, and acquire, construct, repair sites, facilities and equipment; shall Fremont Union High School District issue $275 million in bonds at legal rates, raising an estimated $17.5 million annually until approximately 2049-2050 at projected rates of 1.6 cents per $100 of assessed valuation, with citizens' oversight and all funds staying local?"

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  4. (c) Voter Pamphlet. The Registrar of Voters is hereby requested to reprint the full text of the bond proposition as set forth in Exhibit A in its entirety in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the bond proposition, in no less than 10-point boldface type, a legend substantially as follows:
  5. "The above statement is an impartial analysis of Measure __. If you desire a copy of the measure, please call the Santa Clara County Registrar of Voters at (408) 299-8683 or the Fremont Union High School District at (408) 522-2200, and a copy will be mailed at no cost to you. Measure __ is also available on the Internet at http://www._______________."
  6. (d) Accountability Safeguards. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to include the following statement in the ballot in compliance with Section 15272 of the Education Code:
  7. "If Measure __ is approved, the Board of Trustees of the Fremont Union High School District will appoint a citizens' oversight committee and conduct annual independent audits to assure that bond funds are spent only on the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and for no other purposes."
  8. (e) State Matching Funds. The District has determined that the projects to be funded from the proposed bonds will not require State matching funds for any phase thereof, and that Section 15122.5 of the Education Code does not apply to the bond proposition, and accordingly, the Registrar of Voters is directed not to include the disclosure otherwise required by Section 15122.5 of the Education Code.
  9. (f) Consolidation Requirement. Pursuant to Section 15266(a) of the Education Code, the election shall be consolidated with the statewide general election on November 6, 2018, and pursuant to Education Code Section 5342 and Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, the Registrar of Voters and the Board of Supervisors of the County are hereby requested to order consolidation of the election with such other elections as may be held on the same day in the same territory or in territory that is in part the same. The District hereby acknowledges that the consolidated election will be held and conducted in the manner prescribed by Section 10418 of the Elections Code.
  10. (g) Canvass of Results. The Board of Supervisors of the County is authorized and requested to canvass the returns of the election, pursuant to Section 10411 of the Elections Code.
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  12. (h) Required Vote. Pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, the bond proposition shall become effective upon the affirmative vote of at least 55% of the voters of the District voting on the proposition.
  13. (i) Election Costs. The District shall pay all costs of the election approved by the Board of Supervisors of the County pursuant to Education Code Section 5421.

Section 4. Delivery of Order of Election to County Officers. The Clerk of the Board of the District is hereby directed to cause to be filed as soon as practicable, and in any event no later than August 10, 2018 (which date is not fewer than 88 days prior to the date set for the election), one copy of this Resolution to the Registrar of Voters, including the tax rate statement attached hereto as Exhibit B, containing the information required by Elections Code Section 9400 et seq., completed and signed by the Superintendent of the District, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County.

Section 5. Ballot Arguments. The President of the Board, or any member or members of the Board as the President shall designate, are hereby authorized, but not directed, to prepare and file with the Registrar of Voters a ballot argument in favor of the bond proposition, within the time established by the Registrar of Voters, which shall be considered the official ballot argument of the Board as sponsor of the bond proposition.

Section 6. Further Authorization. The members of the Board, the Superintendent of the District, and all other officers of the District are hereby authorized and directed, individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this resolution in accordance with the terms hereof and of applicable provisions of law.

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Section 7. Effective Date. This Resolution shall take effect upon its adoption by a two-thirds vote.

PASSED AND ADOPTED this day, _____________, 2018, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT: APPROVED:

___________________________________
President of the Board of Trustees of the
Fremont Union High School District

Attest:

___________________________________
Clerk of the Board of Trustees of the
Fremont Union High School District

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CLERK'S CERTIFICATE

I, ____________________, Clerk of the Board of Trustees of the Fremont Union High School District, County of Santa Clara, California, hereby certify as follows:

The attached is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Trustees of the District duly and regularly held at the regular meeting place thereof on _____________, 2018, and entered in the minutes thereof, of which meeting all of the members of the Board of Trustees had due notice and at which a quorum thereof was present. The resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

An agenda of the meeting was posted at least 72 hours beforehand at 589 West Fremont Avenue, Sunnyvale, California, a location freely accessible to members of the public, and a brief description of the adopted resolution appeared on the agenda. A copy of the agenda is attached hereto. The resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect.

WITNESS my hand this ______ day of ______________, 2018.

Clerk of the Board of Trustees
Fremont Union High School District

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