ANALYSIS OF MEASURE ES
by John F. Krattli, County Counsel
Approval of Measure ES would authorize the Board of Education ("Board") of the Santa Monica-Malibu Uniﬁed School District ("District"), to issue general obligation bonds, in an amount not to exceed $385,000,000.
Funds received from the sale of the bonds shall be used only for the speciﬁc purposes set forth in the Measure, including repairing and replacing roofs, ﬂoors, walkways, plumbing, and electrical systems; repairing and constructing classrooms, science labs, facilities, equipment and computer systems; increasing electrical service capacity and earthquake safety; upgrading ﬁ re safety systems and handicap accessibility; removing hazardous materials from school sites; installing and replacing energy efﬁcient heating, ventilation, air conditioning, and lighting systems; upgrading instructional technology, data, communication equipment, wireless systems, telecommunications, Internet and network connections; and upgrading and replacing computers, hardware and software systems, classroom and library technology, and teaching equipment. No funds may be used for teacher and school administrator salaries and other school operating expenses.
Independent performance and ﬁnancial audits will be performed annually to ensure that bond proceeds are expended only for the projects listed in the Bond Project List. The Board shall appoint an Independent Citizens’ Oversight Committee in compliance with Education Code section 15278 no later than 60 days after the Board enters the election results in its minutes. No less than twenty (20) percent of the total net proceeds of the bonds issued will be spent on projects beneﬁtting the schools within the Malibu area, including the City of Malibu and the unincorporated areas adjacent to the City of Malibu. The Board shall create an account in which bond proceeds will be deposited and comply with the reporting requirements of Government Code section 53410.
The bonds issued pursuant to the Education Code shall have a maturity not exceeding twenty ﬁve (25) years, and the bonds issued pursuant to the Government Code shall have a maturity not exceeding forty (40) years. The best estimate of the highest tax rate required to fund the bonds, based on the assessed valuations available at the time of ﬁ ling the Tax Rate Statement, is $30.00 per $100,000 of the taxable property within the District.
This Measure requires a ﬁfty-ﬁve percent (55%) vote for passage.
ANALISIS DE LA MEDIDA ES
por John F. Krattli, Abogado del Condado
La aprobación de la Medida ES autorizaría a la Junta de Educación ("Junta") del Distrito Escolar Uniﬁcado de Santa Monica-Malibu ("Distrito") a emitir bonos de obligación general, por un monto que no supere los $385,000,000.
Los fondos recibidos de la venta de los bonos deberán usarse solo para los propósitos especíﬁcos establecidos en la Medida, incluyendo reparación y reemplazo de techos, pisos, pasillos, tuberías y sistemas eléctricos; reparación y construcción de aulas, laboratorios de ciencias, instalaciones, equipos y sistemas de computación; aumento de la capacidad de servicio eléctrico y seguridad en caso de terremotos; mejora de sistemas de seguridad contra incendios y accesibilidad para personas con impedimentos; eliminación de materiales peligrosos de los sitios escolares; instalación y reemplazo de sistemas de calefacción, ventilación, aire acondicionados e iluminación de ahorro de energía; mejora de tecnología de enseñanza, información, equipos de comunicación, sistemas inalámbricos, telecomunicaciones, conexiones de red e Internet y mejora y reemplazo de computadoras, sistemas de software y hardware, tecnología de las aulas y bibliotecas y equipo de enseñanza. No se podrá utilizar ningún fondo para sueldos de maestros ni administradores de escuela, ni para otro gasto operativo escolar.
Se realizarán auditorías ﬁnancieras y de desempeño independientes anuales para garantizar que los ingresos provenientes de los bonos se utilicen solo para los proyectos indicados en la Lista de Proyectos Financiados con Bonos. La Junta deberá designar un Comité de Supervisión Ciudadana Independiente, en cumplimiento con la sección 15278 del Código de Educación no más de 60 días después de que la Junta registre los resultados electorales en sus actas. No menos del veinte (20) por ciento del total neto del producto de los bonos emitidos se gastará en proyectos que beneﬁcien a las escuelas del área de Malibu, incluyendo la Ciudad de Malibu y las áreas no incorporadas adyacentes a la Ciudad de Malibu. La Junta deberá crear una cuenta en la que se depositará el producto de los bonos y cumplirá con los requisitos de informe de la Sección 53410 del Código de Gobierno.
Los bonos emitidos de conformidad con el Código de Educación tendrán un vencimiento que no superará veinticinco (25) años, y los bonos emitidos de conformidad con el Código de Gobierno tendrán un vencimiento que no superará cuarenta (40) años. La mejor estimación de la tasa impositiva más alta requerida para ﬁnanciar los bonos, en base a las valuaciones catastrales disponibles al momento de presentar la Declaración de la Tasa Impositiva, es de $30.00 por cada $100,000 de propiedad imponible dentro del Distrito.
Esta Medida requiere el voto de un cincuenta y cinco por ciento (55%) para su aprobación.
FULL TEXT BALLOT PROPOSITION OF THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT BOND MEASURE ELECTION NOVEMBER 6, 2012
The following is the full proposition presented to the voters by the Santa Monica Malibu Unified School District.
LOCAL SCHOOL MODERNIZATION, ACADEMIC IMPROVEMENT AND EARTHQUAKE AND FIRE SAFETY BOND. "To improve academic instruction and school safety by modernizing high school classrooms and campuses, repairing aging elementary schools, ensuring every school meets current earthquake and fire safety standards to protect students, and constructing, acquiring, modernizing, and/or repairing classrooms, sites, facilities, equipment, computers, and learning technology to raise student achievement, shall the Santa Monica-Malibu Unified School District issue $385,000,000 in bonds at legal rates, with independent fiscal oversight, mandatory audits, and all funds for Santa Monica and Malibu schools?"
The Board of Education of the Santa Monica-Malibu Unified School District is committed to improving the quality of education by providing students and teachers with the facilities and equipment needed to prepare students for 21st Century academic and workforce standards. To that end, the Board evaluated the District’s urgent and critical facility needs, including safety issues, class size, computer and information technology, and enrollment trends and prepared a report entitled "Future Projects" dated May 2012, which is incorporated herein in its entirety, to develop the scope of projects to be funded. The District conducted a facilities evaluation and received extensive public input in developing this Project List through school site meetings, community presentations and opinion leader input. Teachers, staff, community members and the Board have prioritized the key health and safety needs so that the most critical facility needs are addressed. The Board concluded that if these needs are not addressed now, the problems will only become more pressing and expensive to address. Therefore, in approving this Project List, the Board of Education determines that the District MUST:
(i) Upgrade and modernize classrooms, science labs, and computer systems with 21st Century instructional technology to meet modern academic standards.
(ii) Increase earthquake safety of all school buildings.
(iii) Support classroom programs to retain qualified teachers and protect the quality of classroom instruction in core subjects like reading, math and science.
(iv) Improve fire safety systems at all schools, so kids are safe.
(v) Repair or replace old, leaky roofs, worn-out floors, rusty plumbing and faulty electrical systems.
(vi) Adhere to specific fiscal accountability safeguards such as:(a) PROHIBIT SACRAMENTO FROM TAKING ANY OF THE FUNDS RAISED.(b) All expenditures will be subject to annual independent financial audits.(c) No funds will be used for administrators' salaries and/or pensions.(d) ALL FUNDS WILL STAY IN THE DISTRICT AND BE SUBJECT TO LOCAL CONTROL.(e) An independent Citizens' Oversight Committee will be appointed to ensure that all funds are spent only as authorized.
The Project List includes the following types of upgrades and improvements at the District schools:
Local School Modernization, Repair and Upgrade Projects
Goal and Purpose: Since providing facilities and equipment needed to prepare students for college and good paying jobs in fields like science, technology, and skilled trades is critical, local schools will benefit from projects including:
- Repair or replace old, leaky roofs, worn-out floors and walkways, old rusty plumbing, and faulty electrical systems.
- Repair, modernize, construct and acquire classrooms, science labs, facilities, equipment and computer systems so that they comply with current standards.
- Add electrical service capacity to relieve overloaded electrical systems so that it can handle modern instructional technology.
School Earthquake and Fire Safety and Energy Efficiency School Projects
Goal and Purpose: Since good, safe and up-to-date schools help protect and improve local property values and reduce maintenance and operating costs, returning more money to the classroom, allowing the District to retain qualified teachers and protect instruction in core subjects like reading, math, science and technology, schools and school sites will benefit from a variety of health and safety projects, such as:
- Increase earthquake safety of school buildings.
- Upgrade fire safety systems including fire alarm equipment and sprinklers to make students safe in the event of an emergency.
- Upgrade schools to meet handicap accessibility requirements.
- Remove hazardous materials like asbestos and lead paint from older school sites.
Energy Efficiency - Returning Savings to the Classroom
- Install energy efficient systems to save money and protect the quality of instruction in core subjects like reading, math, science and technology.
- Replace older heating, ventilation, air conditioning and lighting systems with building code compliant, energy efficient systems which will save money on operating costs, allowing the District to retain qualified teachers.
District-Wide Instructional Technology and Wiring Projects to Maintain a High Standard of Achievement
Goal and Purpose: To upgrade classroom computers and computer technology to allow our teachers and students to be skilled in the use of 21st Century technologies and have a solid background in science, math and technology:
- Upgrade and maintain instructional technology in the classroom for improved student learning.
- Provide up-to-date technology, data and communication equipment.
- Upgrade and expand wireless systems, telecommunications, Internet and network connections.
- Upgrade and replace computers, hardware and software systems, classroom and library technology and teaching equipment to enhance instruction.
The listed projects will be completed as needed. Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program management, staff training expenses and a customary contingency, and escalation for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the payment of the costs of preparation of all facility planning, facility assessment reviews, environmental studies, construction documentation, inspection and permit fees, and temporary housing of dislocated District activities caused by bond projects. The upgrading of technology infrastructure includes, but is not limited to, computers, projectors, portable interface devices, servers, switches, routers, modules, smart boards, sound projection systems, printers, digital white boards, document projectors, upgrade voice-over-IP, phone systems, call manager and network security/firewall, and other miscellaneous equipment and software. The District may establish a classroom technology fund to keep the technology up-to-date and ensure local schools keep pace with advancing technology. The repair of school facilities includes the upgrading/replacing school site parking, campus accessibility, roadways, entrances and exits, utilities, grounds, playground equipment, hard court surfaces, shade structures for student assembly and protecting students from inclement weather during lunch, libraries, and District support facilities; enhanced signage; fire sensors; athletic and playfields turf may be upgraded for safety and operational efficiency; construct or upgrade pools; renovate and paint interior and exterior building surfaces to extend their useful life; physical education facilities improvements; security, safety and communication systems and equipment; window and floor coverings (including tiles and carpeting); kitchen equipment; upgrade irrigation systems; improvements, related furniture and furnishings and/or electronic equipment and systems. The Project List also includes the refinancing of any outstanding lease obligations, or the bridge loans taken to initiate voter approved projects; the financing/refinancing of real property acquisition and improvements; acquiring, refinancing, and/or entering into arrangements for the joint use of real property for existing and future classrooms, student services, child care and/or other uses; and acquiring and/or entering into arrangements for the joint use of land, making site improvements, building infrastructure and/or constructing additional facilities thereon, for the purpose of expanding instructional programs to meet future educational demands. The allocation of bond proceeds may be affected by the District’s receipt of State matching funds and the final costs of each project. In the absence of State matching funds, which the District will aggressively pursue to reduce the District’s share of the costs of the projects, the District may not be able to complete some of the projects listed above. The budget for each project is an estimate and may be affected by factors beyond the District’s control. Some projects throughout the District, such as gyms, fields and performing arts facilities, may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans are finalized, construction bids are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating enhanced and operationally efficient campuses. Necessary site preparation/restoration and landscaping, may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, redirecting fire access, and acquiring any necessary easements, licenses, or rights of way to the property.
Bond proceeds shall be expended only for the specific purposes identified herein. 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 District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.
FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE BOARD OF EDUCATION WILL APPOINT A CITIZENS' OVERSIGHT COMMITTEE AND CONDUCT ANNUAL INDEPENDENT AUDITS TO ASSURE THAT FUNDS ARE SPENT ONLY ON DISTRICT PROJECTS AND FOR NO OTHER PURPOSE. THE EXPENDITURE OF BOND MONEY ON THESE PROJECTS IS SUBJECT TO STRINGENT FINANCIAL ACCOUNTABILITY REQUIREMENTS. BY LAW, PERFORMANCE AND FINANCIAL AUDITS WILL BE PERFORMED ANNUALLY, AND ALL BOND EXPENDITURES WILL BE MONITORED BY AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO ENSURE THAT FUNDS ARE SPENT AS PROMISED AND SPECIFIED. THE CITIZENS' OVERSIGHT COMMITTEE MUST INCLUDE, AMONG OTHERS, REPRESENTATION OF A BONA FIDE TAXPAYERS ASSOCIATION, A BUSINESS ORGANIZATION AND A SENIOR CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS' OVERSIGHT COMMITTEE.
No Administrator Salaries: Proceeds from the sale of the bonds authorized by this proposition shall be used only for the acquisition, construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, and not for any other purpose, including teacher and school administrator salaries and other operating expenses.Back to Top
TAX RATE STATEMENT CONCERNING MEASURE ES
TAX RATE STATEMENT REGARDING PROPOSED $385,000,000 SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT GENERAL OBLIGATION BONDS
An election will be held within the Santa Monica-Malibu Unified School District (the "District") on November 6, 2012, for the purpose of submitting to the electors of the District the question of incurring a bonded indebtedness in a principal amount of up to $385,000,000. If such bonds are authorized and sold, principal and interest on the bonds will be payable only from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California. Such information is based upon the best estimates and projections presently available from official sources, upon experience within the District, and other demonstrable factors. Based upon the foregoing and projections of the District's assessed valuation, the following information is provided:
1. 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 first series of bonds, based on a projection of assessed valuations available at the time of filing of this statement, is $0.03000 per $100 of assessed valuation (or $30.00 per $100,000 of assessed value) for fiscal year 2013-14.
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 a projection of assessed valuations available at the time of filing of this statement, is $0.03000 per $100 of assessed valuation (or $30.00 per $100,000 of assessed value) for fiscal year 2020-21.
3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on a projection of assessed valuations available at the time of filing of this statement, is $0.03000 per $100 of assessed valuation (or $30.00 per $100,000 of assessed value), which is projected to be the same in every fiscal year that the bonds remain outstanding.
Voters should note the estimated tax rate is based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market 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. 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 attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only, which are not binding upon the District. 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 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 date of sale and the amount of bonds sold at any given time will be determined by the District based on the 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 sale. Actual future assessed valuations 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/ Sandra LyonBack to Top
Santa Monica-Malibu Unified School District
ARGUMENT IN FAVOR OF MEASURE ES
YES on ES improves classroom learning in Santa Monica and Malibu public schools and keeps our kids safe.
Our teachers are outstanding. Our schools are among the best in the country. However, deteriorating facilities need immediate repair, along with earthquake and fire safety upgrades. Aging classrooms are not equipped for 21st century instruction.
State money is not available to address these needs.
YES on ES allows us to meet modern academic standards and current school safety requirements.
By funding modern classrooms, science labs, computers, and 21st century instructional technology, Yes on ES supports our kids in their college and career choices.
By funding upgraded and safe schools, Yes on ES retains great teachers and protects the quality of instruction in core subjects like math, reading and science. This means better teaching, better learning, and greater student achievement.
YES on ES allows us to repair and replace classrooms that are up to 100 years old to meet 21st century academic and safety needs.
ES increases earthquake and fire safety of our schools to meet current standards, so kids are safe.
ES repairs or replaces leaky roofs, worn-out floors, rusty plumbing, and faulty electrical, mechanical and energy systems.
ES makes environmental improvements resulting in more sustainable schools.
ES removes hazardous materials, asbestos and lead paint from older school sites.
Every dollar raised by YES on ES will be used for our local schools. Not one cent can be taken away by the State.
No money can be used to pay administrators’ salaries. Independent audits will be conducted annually. An independent oversight committee of local citizens will monitor all expenditures to ensure funds are spent properly and effectively.
YES on ES is supported by educators, parents, local business and community leaders, and senior citizens throughout Santa Monica and Malibu.
Vote YES on ES!
/s/ Sheila J. Kuehl, Former State Senator
/s/ Richard Bloom, Mayor, City of Santa Monica
/s/ Barry Seid, District Coordinator AARP Tax-Aide
/s/ Patrick Cady, Retired Teacher, Santa Monica-Malibu Unified School District
/s/ Wendy Sidley, Commissioner, City of Malibu Public Works Commission
REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE ES
Easy to understand reasons to VOTE NO on measure ES:
- $10s of millions in previously approved bond funds remain unspent.
- District made no assessment or needs list for this new money.
- A school board member states the District is unprepared and questions the use of this money.
- Statewide measures will provide new money for schools.
- Malibu pays 35% and only receives 20% of this tax.
- This measure will be the 7th education tax in a streak that dips into voter's pocketbooks every 2 years since 1998.
Even A Liberal Says Enough:
As a good liberal, I would still vote for vote for virtually any tax or bond if I believed the money would be used well and for their stated purpose. But I no longer have that faith. So this time, I'll vote "NO".
Professor, American Jewish University
s/ Douglas O’Brien, Malibu Homeowner
s/ Scott Kelso, Union Member
s/ Clara Benrey, School Teacher
s/ Philip Hendricks, Retired Senior Citizen
REFUTACILN AL ARGUMENTO A FAVOR DE MEDIDA ES
Razones fáciles de entender para VOTAR EN CONTRA de la iniciativa de ley ES:
- Decenas de millones de fondos de bonos aprobados previamente siguen sin ser gastados
- El distrito no elaboró una evaluación o una lista de necesidades para este nuevo dinero.
- Un miembro de la junta escolar sostiene que el Distrito no está preparado y cuestiona el uso de este dinero
- Las iniciativas de ley a nivel estatal proveerán nuevo dinero para las escuelas.
- Malibu paga el 35% y solo recibe el 20% de este impuesto.
- Esta iniciativa de ley será el 7mo impuesto educativo en una serie que se mete en las billeteras de los electores cada 2 años desde 1998.
Incluso Un Liberal Dice Basta:
Como buen liberal, votaría prácticamente por todo impuesto o bono si creyera que el dinero será gastado adecuadamente y para el propósito declarado. Pero ya no tengo esa fe. Así que esta vez, votaré "EN CONTRA".
Profesor, Universidad Judía Americana
f/ Douglas O’Brien, Propietario de Casa en Malibu
f/ Scott Kelso, Miembro de Sindicato
f/ Clara Benrey, Maestra de Escuela
f/ Philip Hendricks, Ciudadano Mayor Jubilado
ARGUMENT AGAINST MEASURE ES
"Voters should know that the local schools have $10s of millions in unspent bond funds given by residents in recent elections. Further, prior to placing measure ES on the ballot the District made no assessment or needs list for this new money."
Past Chair, Santa Monica High School Bi-lingual advisory committee
"I feel we can do this in 2014 either June or November and we will be better prepared. There are so many unanswered questions about what we would do."
SMMUSD Board member
"It’s more prudent to wait and see what happens with the statewide tax measures with so much at stake for our students. It’s potentially risky, and it’s not a risk that’s necessary we take because it’s not money we need immediately."
"Malibu would be paying in excess of 31 percent of this bond, as we have done on each prior bond. We will get back a fraction of what is spent, as we have done, in aggregate, on all prior bonds."
President, Advocates for Malibu Public Schools
"I do not understand why Malibu residents would agree to pay 35% of another bond fund and receive only 20% of the benefit?"
/s/ Clara Benrey, School Teacher
/s/ Scott Kelso, Union Member
/s/ Art Casillas, Retired Senior Citizen
/s/ Douglas O’Brien, Malibu Homeowner
REBUTTAL TO ARGUMENT AGAINST MEASURE ES
Vote YES on MEASURE ES.
Keeping our schools safe and up-to-date supports our children in their college and career choices.
Providing modern classrooms, science labs, computers, and 21st century instructional technology means better learning and student achievement.
Funds raised by Measure ES will be spent in our community. No funds can be taken by the State.
Measure ES provides funds for:
Increasing earthquake and fire safety to meet current standards;
Repairing or replacing worn-out floors and roofs, leaking plumbing, and mechanical systems;
Making environmental improvements;
Removing hazardous materials, asbestos, and lead paint from older schools.
Here are the facts:
Benefits all schools: Every school was inspected and evaluated, with hundreds of teachers and parents identifying needs and priorities.
Fairness: Every Malibu and Santa Monica school receives its fair share of money, guaranteeing that each community will be able to modernize and maintain its schools.
Urgency: There is no State funding for continuing vital school safety and modernization projects in our District. Without local funding from Measure ES, we jeopardize our children's safety and futures.
An independent citizens' oversight committee will ensure funds are spent properly and effectively.
Measure ES improves classroom learning in Santa Monica and Malibu public schools and keeps our kids safe.
Measure ES is supported by classroom teachers, parent groups, business leaders, police and firefighters, homeowners, renters, and senior citizens throughout Santa Monica and Malibu. Join them and vote YES on ES for career and academic improvements at our local schools.
Learn more at www.bettersaferschools.com
s/ Denny Zane, Former Santa Monica Mayor/Co-founder Santa Monicans for Renters' Rights
s/ Tom Larmore, Past Chair, Santa Monica Chamber of Commerce
s/ Pat Cairns, Founding Board Member, Malibu Boys & Girls Club
s/ Harry Keiley, President, Santa Monica Malibu Teachers Association
s/ Rebecca Kennerly, Chair, Community for Excellent Public Schools