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November 8, 2016 — California General Election
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Special District

Beverly Hills Unified School District
Measure Y - 2/3 Approval Required

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Failed

8,429 votes yes (64.02%)

4,737 votes no (35.98%)

100% of precincts reporting (24/24).

To improve aging Beverly Hills schools, upgrade inefficient heating, cooling/electrical systems causing significant maintenance cost savings redirected to classroom instruction, upgrade/repair classrooms, libraries/science labs, replace deteriorating restrooms/leaky roofs, complete deferred maintenance projects, provide modern classroom technology infrastructure, upgrade, construct/acquire classrooms, facilities/sites with local funding the State cannot take away, shall Beverly Hills Unified School District issue $260,000,000 of bonds at legal rates, with strict citizen oversight, annual audits/all funds for Beverly Hills schools?

What is this proposal?

Measure Details — Official information about this measure

Impartial analysis / Proposal

By Mary C. Wickham, County Counsel

Approval of Measure Y (“Measure”) would authorize the Board of Education

(“Board”) of the Beverly Hills Unified School District (“District”), which placed

the Measure on the ballot by Resolution No. 2016-2017-004, to issue general

obligation bonds in an amount not to exceed $260,000,000.

Proceeds from the sale of bonds authorized by the Measure shall be used only

for the purposes specified in the Measure, including, but not limited to,

completing deferred maintenance projects; upgrading heating, ventilation, and

air-conditioning systems; improving earthquake and fire safety in all school

buildings; repairing or replacing roofs, electrical systems, floors, walls, restrooms,

windows, and plumbing systems; repairing, modernizing, constructing, and

acquiring classrooms; replacing science labs and facilities; adding electrical

service capacity to electrical systems; installing energy-efficient systems;

improving lighting, fencing,windows, locks, and other security systems;

upgrading schools to improve accessibility; removing hazardous materials from

school sites; modernizing buildings and constructing new facilities at Beverly

Hills High School and Hawthorne School; modernizing Building E and

constructing a new parking structure at El Rodeo School; and installing a

security system District-wide. Bond proceeds may not be expended on teacher

and administrator salaries and other operating expenses.

The Board shall cause independent performance and financial audits to be

conducted annually to ensure that bond proceeds are spent only for the projects

identified in the Measure. The Board shall appoint an independent Citizens’

Oversight Committee in accordance with Education Code section 15278 no later

than 60 days after the Board enters the election results in its minutes to ensure

that bond proceeds are spent as specified in the Measure and as provided by law.

The District shall create an account into which bond proceeds shall be deposited

and shall comply with the reporting requirements of Government Code section

53410.

The maximum rate of interest on any bond shall not exceed the maximum rate

allowed by law. According to the District’s Tax Rate Statement, the best estimate

of the highest tax rate required to fund the bonds, based on a projection of

assessed valuations available when the District filed its Tax Rate Statement, is

$44 per $100,000 of assessed valuation, which is projected to be the same in every

fiscal year that the bonds remain outstanding. The estimatetax rate is based on

the assessed value of taxable property on the official tax rolls, not on the 

property’s market value.

This Measure requires a two-thirds (2/3) vote for passage.

 

 

Tax rate

 

An election will be held in the Beverly Hills Unified School District (the

“District”) on November 8, 2016, to authorize the sale of up to $260,000,000 in

bonds of the District to finance school facilities as described in the measure. 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 $0.044 per $100 of assessed valuation (or $44 per

$100,000 of assessed value) for fiscal year 2017-18.

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 $0.044 per $100 of assessed valuation (or $44 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 $0.044 per $100 of assessed valuation

(or $44 per $100,000 of assessed value), which is projected to be the same in

every fiscal year that the bonds remain outstanding.

4.The best estimate of the total debt service, including the principal and interest,

that would be required to be repaid if all the bonds are issued and sold is

approximately $550,000,000.

Voters should note the estimatetax 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 debt service, the 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 project

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.

 

STEVE KESSLER

Superintendent

Beverly Hills Unified School District

 

 

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

VOTE YES on Measure Y 

Beverly Hills Unified has provided a high-quality education to students in our

community   for   over   100   years.   Understandably,   the   facilities   have   grown          

oldreally old. Most of our schools are 85-100 years old and require urgent

repairs and upgrades to address health, safety, and instructional problems that

impact our students each day.

Measure Y is the solution to make the critical improvements necessary to 

continue keeping students safe and prepare them for success in college and 

future careers.

Yes on Measure Y will:

-Construct new science labs and career and technology classrooms to support

high quality instruction in science, technology, engineering and math.

-Update infrastructure, including wiring and power, to ensure our classrooms

support the technology requirements to meet rising academic standards.

-Repair or replace deteriorating roofs, plumbing, and sewer systems.

-Construct performing arts classrooms/facilities to provide our students with

additional educational opportunities.

-Update classrooms to meet 21st century education and graduation standards.

-Enhance campus safety and security for our students and staff.

Taxpayer Accountability

Measure Y is a fiscally conservative plan. Funds MUST stay in Beverly Hills. By

law, these funds CANNOT be taken by the State. Measure Y funds may only be

spent to fund projects itemized in the ballot measure. NO funds are allowed for

administrators’ salaries or pensions. Independent Citizens’ Oversight, mandatory

audits and public reports will ensure funds are spent properly.

Whether or not you have school-age children, protecting the local quality of

education is a smart investment. Outstanding public schools protect our property

values and keep our community STRONG.

Please join teachers, parents, business and civic leaders, and residents in every

neighborhood of Beverly Hills to ensure safe, modern, excellent schools in

Beverly Hills for years to come.

VOTE YES on Measure Y.

HOWARD GOLDSTEIN

President, Board of Education

NOAH MARGO

Member, Board of Education

LISA KORBATOV

Member, Board of Education

 

 

Arguments AGAINST

Measure Y asks you to give the Beverly Hills School District another blank

check. We urge a NO vote, because this District can’t be trusted.

Many of us supported the lasbond measure that raised $334 million for school

construction. That bond explicitly PROMISED not to increase our property

taxes. This School Board broke its promise and unilaterally increased our taxes

multiple times since the passage of that bond without voter approval.

The Beverly Hills School District’s gross fiscal mismanagement and

incompetence has wasted our money and violated our trust. With millions

squandered on expensive lawyers, false promises and false starts, Measure E’s

only completed project after 8 years is one building at Horace Mann School.

Under Measure E, the District has recklessly resorted to issuing large amounts of

Capital Appreciation Bonds, costing our taxpayers up to 200% interest. Such

interest is outrageous, and agreeing to pay such rates is yet another example of

the District’s fiscal mismanagement and bad judgment.

This new proposed bond Measure Y was hastily approved by only 3 of the 5

members of the school board, with a minimum of public input and discussion. It

doesn’t pay for technology. And, despite assertions on the ballot language,it will

not require citizen’s oversight.

Beverly Hills voters care deeply about education and are willing to pay for

modern, safe schools. In exchange, we are entitled to transparency,

accountability and intelligent use of our money. Beverly Hills School District has

a dismal fiscal track record of waste and broken promises. It should not be

trusted with another dollar at this time.

The Beverly Hills School District needs to regain our trust and then return to us

with a thoughtful, intelligent plan that we can all support. This current scheme is 

not that plan:we urge a NO vote on Measure Y.

MYRA LURIE

Former School Board President

JOHN MIRISCH

Mayor, City of Beverly Hills

LINDA BROWN

B.H. Resident

MARY WEISS

Former COC Member

NOOSHIN MESHKATY

Former School Board President

 

 

Replies to Arguments FOR

 

The proponents of Measure Y write that the bond is necessary to prepare our

kids for “success in college and future careers.” 

Nonsense.

The Beverly Hills Unified School District has fallen behind significantly in

academic ranking; more bond measures won’t solve this. The District needs to

get its act together, keep promises and restore academic excellence before we

continue to throw money at them.

For the last bond measure, less than 10 years ago, the District promised our

property taxes would “stay the same.” Yet they have increased taxes three times

since then. Consequently, average and medium single house owners will have

seen an average increase in property tax bills of around $1200 to $1600.

Measure Y would increase tax bills from $700 to $1000 more.

Vote NO on Measure Y and reject this money grab.

The same Board members proposing Measure Y implemented a completely

unsustainable salary formula in 2014 linking teacher salaries to Beverly Hills

property values. The Board has failed to safeguard our tax dollars and simply

cannot be trusted.

Furthermore, for the past three years performance audit reports have raised

multiple concerns that remain unresolved and ignored by the Board.

There is simply no reason to believe Measure Y will be managed differently from

Measure E. In fact, Measure E promised us some of the same upgrades they are

trying to sell over again with Measure Y.

Under the law, Measure Y cannot fund technology nor does it require a citizens’

oversight committee.

Measure Y is the bond story that never ends...

Send a message and vote NO on Measure Y.

CRAIG DAVIS

Former BHUSD Teacher/6 yr. COC Member

RICHARD STUART ROSENZWEIG

Consultant

BARBARA LINDER

Former B.H. Commissioner

DONNA FLADE

Beverly Hills Resident

ILONA SHERMAN

Human Relations Commission Former Chair

 

 

Replies to Arguments AGAINST

Do not let those opposed to progress make this initiative about adults.

Measure Y is about the health, safety, and welfare of our children and their

ability to compete globally in the 21st Century economy.

It is hypocritical for two former school board members in opposition not to

mention that they sat on the 2008 board that supported Measure E. That it was

their board that made the false promises. It was their board that violated your

trust. It was their board that mismanaged construction funds. Which explains

why their board did not build anything with your tax dollars. Simply put, the

current board has cleaned up their mess.

The Mayor’s “Residents First” mantra evidently applies only to those who voted

for him. The opposition misleadthe community regarding construction and tax

rates. BHUSD is currently under construction and has expended Measure E

funds at all five schools.

In 2015-16 the Measure E tax rate was $27.34 and the cost to the median

assessed single-family homeowner was $437.68 a year, or $1.20 per day. In

2015-16 Measure E represented only 2.43% of the total property taxes assessed

on homeowners. Mr. Mayor we say put “Kids First” vote YES on Measure Y.

Even our opponents agree that students deserve modern and safe schools and

the longer we wait the more expensive the cost will be to this community.

Join Superintendent Steve Kessler, teachers, parents, and concerned residents as

a voice for our students by voting YES on Measure Y.

 

HOWARD GOLDSTEIN

President, Board of Education

NOAH MARGO

Member, Board of Education

LISA KORBATOV

Member, Board of Education

 

 

Read the proposed legislation

Proposed legislation

The following is the full proposition presented to the voters by the Beverly Hills

Unified School District.

“To improve aging Beverly Hills schools, upgrade inefficient heating,

cooling/electrical systems causing significant maintenance cost savings redirected

to classroom instruction, upgrade/repair classrooms, libraries/science labs,

replace deteriorating restrooms/leaky roofs, complete deferred maintenance

projects, provide modern classroom technology infrastructure, upgrade,

construct/acquire classrooms, facilities/sites with local funding the State cannot

take away, shall Beverly Hills Unified School District issue $260,000,000 of bonds

at legal rates, with strict citizen oversight, annual audits/all funds for Beverly

 

Hills schools?”

PROJECT LIST

The Board of Education of the Beverly Hills Unified School District is

committed to improving the quality of education by providing students and

teachers with safe and secure facilities with up-to-date technology infrastructure

needed to prepare students for 21st Century academic standards and jobs. The

District conducted a facilities evaluation and received public input in developing

this Project List. 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)Complete deferred maintenance projects and upgrade inefficient heating,

ventilation and air conditioning systems, annually saving significant

maintenance expenses which savings can be returned to classroom

instruction.

(ii)Improve earthquake and fire safety of all school buildings.

(iii)Repair or replace old, leaky roofs, and inadequate electrical systems.

(iv)Prohibit bond money from being used for non-construction administrative

costs;

(v)Adhere to specific fiscal accountability safeguards such as:

(a)Prohibit the State 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 all of the following types of upgrades and

improvements at District sites:

Local School Repair and Upgrade Projects

To Save Annual Maintenance Expenses

Goal and Purpose: To provide local funds which cannot be taken away by the

State so that the District can significantly reduce its annual maintenance budget

and return the savings to the classroom, every local school will benefit from

projects including:

–Repair or replace old, worn-out school floors and walls, restrooms, windows,

and leaky roofs.

–Replace and repair aging school plumbing systems and restrooms.

–Repair, modernize, construct and acquire classrooms, replacing out-of-date

science labs and facilities with up-to-date classrooms.

–Add electrical service capacity to relieve overloaded electrical systems so that

it can handle modern instructional technology.

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 for

educational uses.

School Safety, Security and Health Wellness Projects

Goal and Purpose: Since good, safe and up-to-date schools help protect and

improve local property values and, improve the quality of teaching especially in

the areas of science, technology, arts and music, every school and school sites

will benefit from a variety of health and safety projects, such as:

Student Safety and Security

–Improve the earthquake safety of school buildings.

–Upgrade fire safety systems of older buildings including fire alarm equipment

and sprinklers to make students safe in the event of an emergency.

–Improve lighting, fencing, windows, locks and other security systems

to ensure safe school environments.

–Upgrade schools to improve accessibility by disabled students and teachers.

Student Health

Remove hazardous materials like asbestos, lead, fungus or mold from older

school sites.

–Upgrade heating, air conditioning and air filtration to ensure healthy learning

environments.

Further, the District has developed a specific list of projects by school site to be

funded with this Measure and has made initial cost estimates for those projects.

This list was approved by the Board of Education on August 9, 2016 and

includes the following projects:

Beverly Hills High School                        Modernization of buildings B4, C, L and F,

 construction of new facilities, development of North site and South site.

 Estimated cost: $141,500,000.

El Rodeo School                                         Modernization of building E, construct new

  parking structure, and completion of site

 development. Estimated cost: $17,000,000.

Hawthorne School                                     Modernization of existing facilities,

  construction of new facilities and acquisition of temporary trailers.

  Estimated cost: 91,250,000

District-Wide Project                                Installation of wayfinding/security system.

 

                                                                     Estimated cost: $700,00

In addition to these estimated costs, the measure would include funds for

planning and expenses, and project contingencies.

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 repair of school facilities includes: the modernization of

classrooms, including cabinetry, duct work, wiring, electrical systems,

constructing/upgrading/replacing surface and below ground school site parking,

improving campus accessibility, drop-off areas, roadways, entrances and exits,

utilities, including the installation of alternative energy systems such as, but not

limited to, solar panels; upgrade irrigation systems, grounds, hard court surfaces,

cracked concrete, asphalt and brick surfaces, shade structures for student

assembly and protecting students from inclement weather during lunch, libraries,

and District support facilities; installing enhanced signage and fire sensors;

improving restrooms and drinking fountains; upgrading heating, ventilation and

air conditioning systems, athletic facilities, gyms, pools and play fields for safety

and operational efficiency;renovating and painting interior and exterior building

surfaces to extend their useful life; installing security, safety and communication

systems; replacing portable classrooms and renovating auditoriums; upgrading

ceilings, lighting, window and floor coverings (including tiles and carpeting). 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; and

acquiring 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 budget for each

project is an estimate and may be affected by factors beyond the District’s

control. Some projects throughout the District may be undertaken as joint use

projects in cooperation with other local public or non-profit agencies. The final

cost of each project will be determined as plans 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 and 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

 

 

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