Pass: 22,100 / 67.07% Yes votes ...... 10,849 / 32.93% No votes

See Also: Index of all Measures

Meaning of Voting Yes/No

A YES vote on this measure means:

A "yes" vote is a vote to authorize the issuance and sale of the bonds in the amount of $198,000,000, to be secured by the levy of ad valorem taxes on property located within the District.

A NO vote on this measure means:

A "no" vote is a vote not to authorize the issuance and sale of the bonds in the amount of $198,000,000, to be secured by the levy of ad valorem taxes on property located within the District.

Upon approval of 55% of the votes cast by voters in an election, California law permits school districts to issue bonds, secured by the levy of ad valorem taxes on property located within a district, for the purpose of acquiring or constructing school facilities and real property. The bond measure must meet certain requirements, such as stating proceeds from the sale of the bonds will only be used as specified in Article XIIIA, section 1(b)(3) of the California Constitution, listing specific facilities projects to be funded, and specifying that annual audits are conducted.

The Board of Trustees of the Fremont High School District proposes issuing bonds in the amount of $198,000,000. Proceeds will be used to undertake repair and construction projects at six schools, the District office, and an adult and community education facility. Examples of proposed projects include technology upgrades; furnishing and equipping classrooms; security upgrades; construction and renovation of classroom buildings, kitchen facilities, athletic facilities, and restrooms; improvements to exteriors, including landscaping, repairing fences and buildings, and installing signage; and the removal of hazardous waste.

Proceeds of the bonds will not be used for teacher and administrative salaries. The proposed projects are consistent with the permissible use of proceeds from school bonds. Additionally, the District will conduct annual audits and appoint an independent citizens' oversight committee to ensure bond proceeds are expended only on the projects included in the ballot measure, meeting the requirements of Article XIIIA, section 1(b)(3).

The District's best estimate of the tax required to be levied to fund the bonds during the first fiscal year after the sale of the first series of bonds is $12 per $100,000 of the assessed value of taxable property in the District for fiscal year 2009-2010. The District's best estimate of the tax required to fund the bonds during the first fiscal year after the sale of the last series of bonds, is $18 per $100,000 of assessed valuation in fiscal year 2016-2017. The District's best estimate of the highest tax required to fund this bond issue is $18 per $100,000 of assessed valuation.

A "yes" vote is a vote to authorize the issuance and sale of the bonds in the amount of $198,000,000, to be secured by the levy of ad valorem taxes on property located within the District.

A "no" vote is a vote not to authorize the issuance and sale of the bonds in the amount of $198,000,000, to be secured by the levy of ad valorem taxes on property located within the District.

Ann Miller Ravel
County Counsel
By: /s/ Susan Swain

Lead Deputy County Counsel

Fremont Union High School District

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• About this measure

Measure B is an investment in classrooms and facilities at Cupertino, Fremont, Homestead, Lynbrook and Monta Vista High Schools. Measure B will raise the local bond funds needed to continue to renovate and modernize the high schools serving our communities.

Measure B funds will be used to:

• Create a dedicated Technology Fund that will allow the district to upgrade and maintain classroom computers and related technology;
• Build new science labs;
• Construct the new classrooms needed to avoid overcrowding;
• Replace aging heating, lighting, plumbing and electrical systems;
• Improve energy efficiency at each high school;
• Create classrooms and labs designed for career and technical education classes that supplement traditional college preparatory courses;
• Upgrade and improve athletic facilities and fields;
• Improve campus safety and security;
• Upgrade and improve emergency communications systems;
• Add solar power and make the dollars now spent on utility bills available to support classroom programs.

The cost is reasonable. Measure B will cost property owners an average of $12 per $100,000 of assessed - not market - value.

Our high schools have been named Distinguished Schools by the state and have won national recognition as some of the best in the nation. As an investment in the quality of our high schools, Measure B will maintain and strengthen the value of all homes and businesses in the district.

Please join us in voting Yes on Measure B, making an investment in the outstanding high schools that serve our community: Cupertino, Fremont, Homestead, Lynbrook and Monta Vista. For additional information, visit www.AboutMeasureB.com.

/s/ Lauralee Sorensen
Community Volunteer

/s/ Gilbert Wong
Cupertino Council Member

/s/ Deborah Olson
CEO C. J. Olson Cherries

/s/ Suman Ganapathy
PTA Council President

/s/ Anthony Spitaleri Mayor of Sunnyvale

FREMONT UNION DOESN'T GET IT!

As the District says, 55% Prop 39 votes require "strict accountability". Measure B doesn't provide it. Consider their list of ways the Bond money will be "used". Do they say where? Or how much the work will cost? Are you told when the work will be done? No. Nor is it in the Full Text of the Measure. Without knowing where specific work will be done, at what specific cost, within what specific timeframes, the Oversight Committee has nothing specific to oversee, and cannot do an effective job.

Why the concern about "specific"? The California Education Code (15284.a.2) allows District taxpayers to file suit if the District spends ANY bond money for work not on a "list of the specific school facilities projects to be funded".

This is not a theoretical point. One signer served 4 years, 2 as Chair, on an Oversight Committee for a San Jose school district whose Prop 39 Bond had this same flaw. To avoid a suit, Bond expenditures were delayed for over a year while that District created an Implementation Plan providing the missing specifics.

Fremont Union: Try again in November, with a set of real projects, showing what amount of money will be spent on each school, what projects will be done at that school and how soon each project will be completed.

The District wants to have the benefits of Prop 39; it must also shoulder the responsibilities.

BONDS NO.

/s/ Douglas A. McNea
President, Silicon Valley Taxpayers' Association

/s/ Randall K. Hylkema
Resident in District

/s/ Allen M. Rice
Treasurer, Willow Glen Libertarian Alliance

Time was, it took a 2/3 (67%) supermajority to pass school bonds. Prop 39 in 2000 changed that to a lower threshold of just 55%. But in fairness to the taxpayers, it also requires school districts to SPECIFICALLY describe how they plan to spend the bond money, and to create an INDEPENDENT Bond Oversight Committee to ensure that the plan is followed.

Measure B consists of the short summary that appears on your sample ballot and also includes a much longer "Full Text". The 5-page Full Text is where the District makes its actual legal commitments regarding what it will do with the $198M in Bond money. Before voting, you should read it. From that reading, it seems obvious that

THE FREMONT UNION HIGH SCHOOL DISTRICT IS NOT RESPECTING ITS PART OF THE PROP 39 BARGAIN!

The Full Text:

• Does not specify what types of work will be done, or where (no scope of work or prioritization is provided for any school).
• Does not specify what fraction of the bond money will be spent at each location (nothing prevents half the bond money being spent on the District Office).
• Does not specify, or even mention, how the Oversight Committee will be selected (nothing ensures that insiders will not be appointed).

Measure B is not a specific Plan, but is instead a hazy, nice-to-have Wish List, to be filled in as the District goes along.

VOTE NO.

/s/ Allen M. Rice
Treasurer, Willow Glen Libertarian Alliance

The information in the argument against Measure B - FILED BY AN INDIVIDUAL WHO DOES NOT LIVE IN THE DISTRICT - is intended to confuse and mislead you.

The meaning of every vote cast on Measure B is clear:

• Every YES vote is a vote to invest in classrooms, science labs, technology and other school facilities at the five outstanding high schools that serve our communities;

• Every no vote is a vote to allow our high schools to become increasingly overcrowded and to ask this and future generations to "get by" with inadequate school facilities.

Measure B funds will be spent to address specific needs at Cupertino, Fremont, Homestead, Lynbrook and Monta Vista High Schools. All Measure B Funds will be spent for the benefit of students and teachers. No Measure B Funds will be spent on the district office. The bond project list provides details and you can learn even more at www.AboutMeasureB.com.

We have looked at the facts about Measure B. State law defines the information provided in the bond project list. State law defines who must serve on an Oversight Committee and how they will be selected. Measure B respects and complies with all provisions of Proposition 39.

Our votes on June 3rd will shape the future of our high schools for years to come.

Vote YES for a future that invests local funds in quality high school facilities, educational excellence and solid property values.

/s/ John N. Howe
Sunnyvale City Council

/s/ Pearl Cheng
President, Cupertino Elementary School District Board

/s/ Benjamin D. Clausnitzer
Teacher's Association President and Math Teacher

/s/ Pamela R. Coppel
Classified School Employees Association, President, Chapter 237

/s/ JingJing Xia
Student Member, Fremont Union HS District Board of Trustees

An election will be held in the Fremont Union High School District (the "District") on June 3, 2008, to authorize the sale of up to $198,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in four 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 information presented in numbered paragraphs 1-3 below is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California.

1. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 1.2 cents per $100 ($12.00 per $100,000) of assessed valuation in fiscal year 2008-09.

2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 1.8 cents per $100 ($18.00 per $100,000) of assessed valuation in fiscal year 2014-15.

3. The best estimate of the highest tax rate which 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 1.8 cents per $100 ($18.00 per $100,000) of assessed valuation in fiscal year 2014-15.

The District's best estimate of the average tax rate which would be required to be levied to fund this bond issue over all of the years the bonds will be outstanding is $12.00 per $100,000 of assessed valuation.

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

The foregoing information is based upon the District's projections and estimates. Approval of the ballot measure authorizes the issuance of bonds under certain conditions, and is not approval of a specific tax rate. The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount and repayment structure of bonds sold, 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 and repayment structure of bonds sold at any given time will be determined by the District based on its need for construction funds and other factors, including the legal limitations on bonds approved by a 55% 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.

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

This Proposition may be known and referred to as the "School Improvement Bond of 2008" or as "Measure B".

By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Fremont Union High School District shall be authorized to issue and sell bonds of up to $198,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List, and in order to qualify to receive State matching grant funds, subject to all of the accountability safeguards specified below.

Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to the bond projects.

The provisions in this section are specifically included in this proposition in order that the Fremont Union High School District's voters and taxpayers may be assured that their money will be spent wisely to address specific facilities needs of the Fremont Union High School District, all in compliance with the requirements of Article XIII A, Section 1(b)(3) of the State Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Education Code Sections 15264 and following).

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

Independent Citizens' Oversight Committee. The Board of Trustees shall establish an independent Citizens' Oversight Committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are spent only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board of Trustees.

Annual Performance Audits. The Board of Trustees shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List.

Annual Financial Audits. The Board of Trustees 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.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board of Trustees shall take actions necessary pursuant to Government Code Section 53410 and following 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 December 31 of each year, commencing December 31, 2009, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

Specific Purposes. 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 shall constitute the specific purposes of the bonds, and proceeds of the bonds shall be spent only for such purposes, pursuant to Government Code Section 53410.

Joint Use. 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 that bond funds are to be used to fund all or a portion of the local share for such eligible joint-use projects, as the Board of Trustees shall determine.

Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature more than 40 years from the date borne by that bond.

The Bond Project List describes the specific projects the Fremont Union High School District proposes to finance with proceeds of the bonds. Listed projects will be completed as needed at a particular school site according to Board-established priorities, and not all listed projects will be completed at every site. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. Certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured. Until all project costs and funding sources are known, the Board of Trustees cannot determine the amount of bond proceeds available to be spent on each project, nor guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Completion of some projects may be subject to further government approvals by State officials and boards, to local environmental review, and to input from the public. For these reasons, inclusion of a project on the Bond Project List is not a guarantee that the project will be funded or completed. The Board of Trustees may make changes to the Bond Project List in the future consistent with the projects specified in the proposition.

Each project is assumed to include its share of costs of the election and bond issuance and other construction-related costs, such as construction management, architectural, engineering, inspection and other planning costs, legal, accounting and similar fees, independent annual financial and performance audits, a customary construction contingency, and other costs incidental to and necessary for completion of the listed projects (whether work is performed by the District or by third parties).

The Bond Project List shall be considered a part of this ballot proposition, and shall be reproduced in any official document required to contain the full statement of the bond proposition. The order in which the locations and projects are listed is not an indication of priority for funding or completion.

LOCATIONS

Fremont High School - 1279 Sunnyvale-Saratoga Road, Sunnyvale 94087

Homestead High School - 21370 Homestead Road, Cupertino 95014

Cupertino High School - 10100 Finch Avenue, Cupertino 95014

Lynbrook High School - 1280 Johnson Avenue, San Jose, CA 95129

Monta Vista High School - 21840 McClellan Road, Cupertino 95014

Former Sunnyvale High School - 562 N. Britton Avenue, Sunnyvale 94085

District Office - 589 W. Fremont Avenue, Sunnyvale 94087

Adult and Community Education - 591 W. Fremont Avenue, Sunnyvale 94087

ENERGY, TECHNOLOGY & INFRASTRUCTURE IMPROVEMENTS

• Acquire and install energy-saving improvements (such as upgraded insulation, efficient lighting, energy management systems)

• Acquire and install solar electricity generation and distribution systems, including 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 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 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

• Construct new classrooms and classroom buildings, laboratories, lecture halls 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

• 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 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 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

• 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

• 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 and irrigate grounds

• 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

• Remove, dispose of, and otherwise remediate hazardous materials, including asbestos, lead, etc., where necessary

• Address unforeseen conditions revealed by construction /modernization (including plumbing or gas line breaks, dry rot, seismic, structural, etc.)

• Other improvements required to comply with existing building codes, including the Field Act, and access requirements of the Americans with Disabilities Act (ADA)

• Necessary site preparation/restoration in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including demolition of existing structures; removing, replacing, or installing irrigation, drainage, utility lines (gas, water, sewer, electrical, data and voice, etc.), trees and landscaping; relocating fire access roads; and acquiring any necessary easements, licenses, or rights of way to the property

• Rental or construct of storage facilities and other space on an interim basis, as needed to accommodate construction materials, equipment, and personnel, and interim classrooms (including relocatables) for students and school functions or other storage for classroom materials displaced during construction

• Acquisition of any of the facilities on the Bond Project List through temporary lease, lease-purchase, or other appropriate financial arrangements, or execute purchase option under a lease for any of these authorized facilities.

• All other work, furnishing and equipping, necessary and incidental to specific projects described above.