|This Proposition may be known and referred to as the "School Facilities Improvement Bond of 2006" or as "Measure B".
On February 8, 2006, the State Administrator approved a comprehensive Facilities Master Plan that identifies current educational facilities needs at all elementary, middle and high schools in the District based upon an assessment of school safety, class size reduction and information technology needs.
The Facilities Master Plan, a copy of which is on file with the Secretary of the State Administrator and Board of Education and has been provided to the Oakland Public Library, includes approximately $900 million of school improvement projects such as classroom renovation and repair, auditorium and multipurpose room renovation and construction, playground and gymnasium rehabilitation and upgrades as well as construction of missing educational facilities such as libraries, media centers, science labs, computer labs, art and music classrooms and vocational shops and laboratories.
The Facilities Master Plan updates the original facilities plan completed by the District in 2000.
The District operates early childhood education centers ("CDCs") serving pre-school age children, and has identified repair, modernization and new construction needs at certain existing CDCs, as well as the need to construct new CDCs in response to future statutory requirements.
The State Administrator and the Board of Education now seek authorization to issue general obligation bonds to provide financing for the elementary school, middle school, high school and early childhood education center repair, modernization and construction projects identified by the District.
By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Oakland Unified School District shall be authorized to issue and sell bonds of up to $435,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List attached hereto as Exhibit A, 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 or incidental to the bond projects.
The provisions in this section are specifically included in this proposition in order that the Oakland Unified School District's voters and taxpayers may be assured that their money will be spent wisely to address specific facilities needs of the Oakland Unified 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 Educational Code Sections 15264 and following).
Evaluation of Needs. The State Administrator has prepared a Facilities Master Plan in order to evaluate and address all of the facilities needs of the Oakland Unified School District at each campus and facility, and to determine which projects to finance from a local bond at this time. The State Administrator hereby certifies that he has evaluated safety, class size reduction and information technology needs in developing the Bond Project List contained in Exhibit A.
Independent Citizens' Oversight Committee. The State Administrator 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 Exhibit A. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the State Administrator.
Annual Performance Audits. The State Administrator or 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 Exhibit A.
Annual Financial Audits. The State Administrator or 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 Exhibit A.
Special Bond Proceeds Account; Annual Report. Upon approval of this proposition and the sale of any bonds approved, the State Administrator 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 State Administrator or the Superintendent of the District shall cause a report to be prepared no later than December 31 of each year, commencing December 31, 2006, 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 State Administrator or the Superintendent shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report.
BOND PROJECT LIST
The Bond Project List attached to this resolution as Exhibit A 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 Bond Project List describes the specific projects the Oakland Unified School District proposes to authorize for financing with proceeds of the bonds. Listed construction projects, repairs, rehabilitation projects and upgrades will be completed as needed at a particular school site according to District-established priorities. Projects included in the Facilities Master Plan will be completed without regard to current cost estimates or priority designations contained therein. Bond program expenditures will include items such as costs of the election and bond issuance, architectural, engineering, inspection and similar planning costs, construction management (whether performed by the District or by third parties), annual financial and performance audits, a customary contingency for unseen design and construction costs, and other costs incidental to and necessary for completion of the listed projects. 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 State Administrator 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. Some projects may be subject to further government approvals by State officials and boards, and to local environmental review. For these reasons, inclusion of a project on the Bond Project List is not a guarantee that the project will be completed.
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.
Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest will be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature more than 40 years from the date borne by that bond.
OAKLAND UNIFIED SCHOOL DISTRICT BOND PROJECT LIST
Elementary, Middle and High School Projects
Repair, modernization and new construction projects identified in the District's Facilities Master Plan (the "Facilities Master Plan"), adopted by the State Administrator on February 8, 2006. The Facilities Master Plan is hereby incorporated by reference and made part hereof, but expressly excluding cost estimates and priority designations contained therein. (A copy of the Facilities Master Plan is on file with the Secretary of the State Administrator and Board of Education of the District and has been provided to the Oakland Public Library.)
Deferred maintenance projects identified in the Facilities Master Plan, including to fund the District's match under State law. Repair, rehabilitation and modernization of existing student- based health care service facilities, and construct new student-based health care service facilities.
Pre-School/Early Childhood Development Center Projects
Repair, rehabilitation and modernization of existing early childhood development centers ("CDCs") and construction of new classrooms at existing CDCs. Acquisition and construction of new CDC facilities to respond to future statutory requirements.
All District Sites
(at which Renovation, Major Repairs and/or New Construction to be Completed)
Repair, replace or install new information technology infrastructure (e.g., wiring, cabling, switches, etc.).
Remove hazardous materials, e.g., asbestos, lead, etc., where necessary.
Address unforeseen conditions revealed by construction/ modernization (e.g., plumbing or gas line breaks, dryrot, 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.
Furnishing and equipping: + of newly constructed classrooms and facilities, + replace worn/broken/out of date furniture and equipment.
Necessary site preparation/restoration in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including demolition of existing buildings, 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.
Rental or construction of temporary classrooms (including relocatables) as needed to house students displaced during construction.
Acquisition of any of the facilities on the Bond Project List through temporary lease or lease-purchase arrangements, or execute purchase option under a lease for any of these authorized facilities.
STATE MATCHING FUNDS
Approval of Measure B does not guarantee that the proposed project or projects in the Oakland Unified School District that are the subject of bonds under Measure B will be funded beyond the local revenues generated by Measure B. The District's proposal for the project or projects assumes the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.