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Santa Clara County, CA November 6, 2012 Election
Measure H
Bonds
San Jose Unified School District

55% Approval Required

Pass: 63447 / 71.33% Yes votes ...... 25497 / 28.67% No votes

See Also: Index of all Measures

Results as of Dec 17 1:46pm, 100.0% of Precincts Reporting (143/143)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Tax Rate Statement | Full Text

To improve local schools and support academic programs, prepare students for jobs, save money and improve teacher retention by upgrading technology, classrooms and science labs, improving school safety and security, upgrading energy and water systems to improve efficiency, paying off facility leases, and repairing, constructing, or equipping facilities, sites or classrooms, shall San Jose Unified School District issue 290 million dollars in bonds at legal rates, with independent citizens' oversight, annual financial audits and no funds for administrators' salaries?

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 $290 million 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 $290 million to be secured by the levy of ad valorem taxes on property located within the district.

Impartial Analysis from County Counsel
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 within a district, for the purpose of 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.

The Board of Education (Board) of the San Jose Unified School District (District) proposes issuing bonds in the amount of up to $290 million. As identified in the measure, bond proceeds would be used to complete repairs and upgrades to provide facilities equity among all of the District's schools, including, but not limited to (1) updating technology and science labs; (2) completing basic and necessary repairs; (3) upgrading classrooms to improve energy efficiency; and (4) paying off Certificates of Participation and facility leases.

Proceeds of the bonds could not be used for teacher and administrator salaries or other school operating expenses. The District would conduct annual performance and financial audits, and appoint an independent citizens' oversight committee to ensure bond proceeds are expended as promised and specified.

The District's best estimate of the tax rate to be levied to fund the proposed bond issue is $28.80 per $100,000 of assessed valuation during the first fiscal year after the sale of the first series of bonds and during the first fiscal year after the sale of the last series of bonds. The District's best estimate of the highest tax rate that would be required to be levied to fund the bond issue is $28.80 per $100,000 per fiscal year of assessed valuation.

A "yes" vote is a vote to authorize the issuance and sale of the bonds in the amount of $290 million 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 $290 million to be secured by the levy of ad valorem taxes on property located within the district.

Lori E. Pegg
Acting County Counsel

By: s/ Susan Swain
Lead Deputy County Counsel

  Nonpartisan Information

Silicon Valley Taxpayers Assn. voter guide for Santa Clara County, Nov. 2012
Silicon Valley Taxpayers Assn. nonpartisan voter guide for ballot measures in Santa Clara County, Nov. 6, 2012
This election is archived. Any links to sources outside of Smart Voter may no longer be active. No further links will be added to this page.
Links to sources outside of Smart Voter are provided for information only and do not imply endorsement.

Arguments For Measure H Arguments Against Measure H
In today's competitive, 21st-century economy, students in our local San Jose neighborhood schools must be prepared to excel--that's why we urge you to vote YES on H.

Measure H improves classrooms and labs, preparing students for college and careers.

By upgrading science facilities, classrooms and technology, Measure H supports career training and college preparatory programs for our future Silicon Valley workforce.

The State cannot take away one penny of Measure H funds.

Due to billions of dollars in State budget cuts, our schools face an annual budget shortage of $15 million. We can't rely on the State to improve our schools--Measure H is the solution.

Measure H saves $5 million annually to support academic programs and retain teachers.

By repairing classrooms, improving energy efficiency, upgrading inefficient heating and cooling systems and paying off leases, our schools will save millions that can be used to retain teachers, keep educational staff and protect math, science, reading and writing programs.

Measure H ensures students have safe classrooms and 21st-century technology.

While some local schools have been renovated, others have not. Measure H repairs old classrooms and labs, and updates technology so students are trained for our evolving job market.

Measure H will:

  • Improve programs to prepare students for jobs and careers
  • Improve energy efficiency to save money to protect academic programs
  • Keep schools clean and well-maintained
  • Modernize science facilities and classrooms
  • Upgrade classroom technology for all students
  • Improve student safety and security

Strong Fiscal Accountability Is Included
  • All funds stay in local schools--not one penny can be taken by the State
  • Independent citizen oversight and annual, third-party audits are required
  • No funds for administrators' salaries, pensions or benefits

ARGUMENT IN FAVOR OF MEASURE H - Continued Vote YES on H to improve educational opportunities for all neighborhood students: the future Silicon Valley workforce.

s/ Susan W. Hammer
Former Mayor of San Jose

s/ Fernando R. Zazueta
Co-Founder, Mexican Heritage Corporation of San Jose

s/ David Ginsborg
Founder, CA League of Bond Oversight Comittees, Willow Glen Elementary School Parent

s/ Christine Gray
Former PTA Council President, Parent of Gunderson High School & San Jose High School Graduates

s/ Carl Salas
San Jose Business Owner

Rebuttal to Arguments For
When school boards put bond measures like Measure H before the voters, what are they saying? They are admitting that everything they are spending your tax dollars on now, is more important than the projects for which this tax increase is being sought. Budgets set priorities. San Jose Unified School District is saying that every educational dollar spent today is going to something they consider a higher priority than to "Improve student safety and security" and "Upgrade classroom technology for all students."

Do you agree?

Education Data Partnership (www.Ed-Data.K12.ca.us) shows the District's enrollment increasing from 32,423 students during the 2009-10 school year, to 33,018 during 2010-11. And the number of teachers has declined from 1,571.2 full-time-equivalent teachers, down to 1,521.3.

Since students are increasing (more revenue) and teachers are declining (less expense), that should allow more funds from the current budget to be applied to basic maintenance of the schools. In fact, you and I take care of our homes, our condos, and even our apartments out of our yearly budgets. Why can't the San Jose Unified School District do the same?

School bonds are much like mortgages, in that they have to be paid back, in full--plus interest. Lots and lots of interest. Interest payments that don't go to teachers, library books, computers, maintenance, etc.

Is this the best use of your tax dollars?

If your answer is "no," please vote NO on Measure H.

You can be for schools, for students, for teachers, and against Measure H.

For more information: http://www.SVTaxpayers.org/san-jose

s/ John W.S. Roeder
President, Silicon Valley Taxpayers Association

s/ Edward Leo Wimmers
Chair, Libertarian Party of Santa Clara County

When school boards put bond measures like Measure H before the voters, they are admitting that everything they are currently spending your tax dollars on now is more important than the projects for which this tax increase is being sought. School budgets set priorities. They are saying every educational dollar spent today has a higher priority than spending to provide "up-to-date computers, learning technology, and grade-level appropriate science labs"

Do you agree?

A according to the 2011 STAR test results, there are at least 6,914 students in the district, which means the bond expense is $43,137 per student before adding interest costs. When you buy a home, truth in lending laws require you be informed about the real cost of buying a home. Consumer laws should apply to bond issues. For example borrowing $290,000,000 and paying 3 percent interest for 25 years means annual payments of $16,502,520 in principle and interest payments for total lifetime cost of $412,563,000. As a consumer, you deserved to know the full truth about measure H.

Instead of paying $16,502,520 (principle & interest) a year to provide "up-to-date computers" , your educational dollars will go to big banks, investment brokers, and other wealthy people to be used as a tax shelter. Is this the best use of your tax dollars?

What's more important to you?

1. Spending $16,502,520 a year on "up-to-date computers" and "grade-level appropriate science labs"?

2. Spending $16,502,520 a year to fund tax shelters for big banks, investment brokers, and the rich.

If you value "up-to-date computers" more than funding tax shelters, vote NO on Measure H.

If you value "grade-level appropriate science labs" more than making interest payments for 25 years, vote NO on Measure H.

Want more? http://www.svtaxpayers.org/san-jose

s/ John W.S. Roeder
President, Silicon Valley Taxpayers Association

s/ Edward Leo Wimmers
Chair, Libertarian Party of Santa Clara County

Rebuttal to Arguments Against
Unlike the authors of the argument against Measure H, we believe that the successful futures of neighborhood elementary, middle and high school students are our community's top priority.

Unfortunately, these naysayers--who regularly oppose all school measures--got their math wrong. Our local school district educates over 33,000 students and every one of them deserves a great public education to become Silicon Valley leaders.

It's clear that State budget cuts have severely impacted our schools, creating a $15 million annual budget shortfall. As a result, our local school district has been forced to cut academic programs, reduce educational staff and librarians, increase class sizes and shorten the school year.

We must protect and restore educational priorities in our schools with Measure H to improve education for all students.

Measure H is targeted to our top priority: preparing all students for success in high school, college and careers.

  • The State cannot take a single penny of Measure H funds
  • Citizen oversight and annual audits ensure funds are spent wisely
  • No funds can be used for administrators' salaries, pensions or benefits

Measure H is a smart solution, helping our schools save $5 million annually for critical educational programs and classroom instruction. It also completes necessary school safety repairs, improves science labs and provides updated technology.

By making our neighborhood schools a priority, our entire community benefits. Good schools make safe neighborhoods and strengthen property values.

We have our priorities straight: join us and vote YES on Measure H.

s/ Mark L. Walker
Almaden Valley Resident

s/ Holly Barr
Willow Glen area Realtor

s/ Stephen Novotny
Retired San Jose High School Technology Teacher

s/ Michael Smith
Former Chair, SJUSD Measure C/F; Citizens Bond Oversight Committee

Tax Rate Statement from Superintendent, San Jose Unified School District
An election will be held in the San Jose Unified School District (the "District") on November 6, 2012, to authorize the sale of up to $290,000,000 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 several series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following tax rate information is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California.

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 estimated assessed valuations available at the time of filing of this statement, is $0.02880 per $100 ($28.80 per $100,000) of assessed valuation in 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 estimated assessed valuations available at the time of filing of this statement, is $0.02880 per $100 ($28.80 per $100,000) of assessed valuation in fiscal year 2018-19.

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 this statement, is $0.02880 per $100 ($28.80 per $100,000) of assessed valuation in fiscal year 2013-14.

Voters should note that these estimated tax rates are based on the assessed value of taxable property in the District as shown on the official tax rolls of Santa Clara County, 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 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 estimates are based upon the District's projections and are not binding upon the District. The dates 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 each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the Santa Clara County Assessor in the annual assessment and the equalization process.

Dated: August 9, 2012

s/ Vincent C. Matthews
Ed.D., Superintendent
San Jose Unified School District

Full Text of Measure H
On May 17, 2012, the Board of Education of the San Jose Unified School District (the adopted the OPPORTUNITY21: 2012-2017 Strategic Plan ("Opportunity21") to lay out its vision for the District's educational program, with a focus on ensuring that all students are prepared to excel in 21st Century society. The Board believes that a bond measure will help ensure that the educational vision of Opportunity21 can be achieved over time and that all students have access to state-of-the-art educational facilities and that all schools in the District have up-to-date science labs, career training facilities, computers and learning technology and high quality teachers and staff are attracted and retained.

In order to continue providing equity for all students and improving education in all of the District's schools, the Board's priority is to complete repairs and upgrades that will benefit all of the District's schools, including:

(i) Ensure that all schools are equipped with up-to-date computers, learning technology, and grade-level appropriate science labs and career training facilities so that students are prepared to excel in 21st Century society in keeping with the skills and learning outcomes identified in Opportunity21;

(ii) Complete basic and necessary repairs and upgrades to District schools to provide a safe, healthful learning environment for all students;

(iii) Upgrade classrooms and improve energy efficiency to save money that can be used to maintain quality academic programs and retain teachers;

(iv) Ensure that facilities are up to date and safe so that qualified teachers continue to want to teach in our schools;

(v) Reduce operating costs by acquiring, improving and/or installing more cost efficient energy systems, paying off Certificates of Participation/facility leases, and making other improvements.

Schools requiring renovation will be upgraded on a priority basis. By approval of the proposition set forth in Exhibit A as the Summary of Ballot Measure, by at least 55% of the registered voters voting thereon, the San Jose Unified School District shall be authorized to issue and sell bonds of up to $290,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List, subject to all of the accountability safeguards specified herein.

ACCOUNTABILITY MEASURES

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

Evaluation of Needs. The Board of Education has evaluated the facilities needs of the District, and determined which projects to finance from a local bond at this time. The Board of Education 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 Education shall establish an independent Citizens' Oversight Committee to ensure bond proceeds are expended only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date when the Board of Education enters the results of the election in its minutes.

Annual Performance Audit. The Board of Education shall conduct or cause to be conducted 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 Audit. The Board of Education shall conduct or cause to be conducted 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.

Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board of Education shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent shall cause a report to be filed with the Board of Education no later than January 1 of each year, commencing January 1, 2014, 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.

BOND PROJECT LIST

The Bond Project List, which is an integral part of this proposition, lists the specific projects the District proposes to finance with proceeds of the bonds. Specific projects will be performed as needed at the following school sites: Allen site, Allen at Steinbeck K-8; Almaden Elementary, Bachrodt Elementary, Booksin Elementary, Canoas Elementary, Carson Elementary, Cory site, Anne Darling Elementary, Empire Gardens Elementary, Erikson site, Galarza Elementary, Gardner Elementary, Grant Elementary, Graystone Elementary, Hacienda Elementary, Hammer site, Hester site, Los Alamitos Elementary, Lowell Elementary, Horace Mann Elementary, Olinder Elementary, Randol site, Reed Elementary, River Glen K-8, Schallenberger Elementary, Simonds Elementary, Terrell Elementary, Trace Elementary, Washington Elementary, Williams Elementary, Willow Glen Elementary, Burnett Middle Elementary, Castillero Middle Elementary, Bret Harte Middle, Herbert Hoover Middle, John Muir Middle, Willow Glen Middle, Gunderson High, Leland High, Lincoln High, Pioneer High, San Jose High, Willow Glen High, Broadway High, Downtown College Prep Charter School, Community Day School @ San Jose High School, Family Early Learning Center @ San Jose High School.

In developing the scope of projects to be funded, the Board of Education of the District evaluated the District's facility needs, including safety issues, enrollment trends, energy efficiency, computer and information technology enhancements, facilities renovation and repair, and facilities and equipment needs to carry out Opportunity21 and provide 21st Century learning environments. Schools requiring renovation will be upgraded on a priority basis to achieve equity among all schools in the District, including up-to-date science labs, computers, career training facilities, and learning technology so that all District students are prepared to excel in 21st Century society and so that high quality teachers and staff are attracted and retained.

In order to meet all identified facilities needs, the District intends to complete the following projects at District schools and facilities on an equitable basis, and where relevant, consistent with Opportunity21, using a combination of funding sources. It is anticipated that bond proceeds will contribute $290,000,000 to said total cost. Other anticipated sources include joint-use funds, development impact fees, and other available funds. The District will pursue state matching funds if and when they become available, and if received, they will be used for and mainly applied to projects on the Bond Project List or other high priority capital outlay expenditures as permitted in Education Code section 17070.63(c). However, no project is dependent on the receipt of additional funds. Unless otherwise noted, the projects on this list are authorized to be completed at each or any of the District's school sites.

The projects to be funded by the bond include, without limitation, the following:

Category 1: Preparing Students for 21st Century Jobs and Careers, and Improving Education in Core Academic Subjects through 21st Century Technology and Classroom Upgrades

Goal and Purpose: To upgrade learning technology and provide teachers and students with current teaching, learning and research equipment and systems to achieve the goals of the OPPORTUNITY21:

  • Upgrade, construct and equip science/technical vocational education and career training facilities to prepare students for future jobs
  • Acquire and upgrade technology infrastructure, including, without limitation, computers, LCD projectors, portable interface devices, servers, switches, routers, modules, sound projection systems, phone system integration, local area network upgrades, document archiving, cabling infrastructure, laser printers, digital white boards, document projectors, upgrade voice-over-IP, call manager and network security/firewall, and other equipment, casework and software as needed
  • Provide and repair up-to-date technology, data and wireless communications equipment
  • Add, update and expand telecommunications, internet and network connections
  • Add, upgrade and replace computers, hardware and software systems
  • Add, upgrade and replace classroom instructional equipment
  • Add, upgrade and replace electrical systems to support improved technology
  • Establish programs to support regular and long term upgrades to technology systems, hardware, software and equipment
  • Upgrade, repair or construct new classrooms and science facilities

Category 2: Improving Energy Efficiency, Conserving Water and Constructing Other Capital Improvements to Save Money that Can Be Used to Help Retain Teachers and Protect Academic Programs

Goal and Purpose: To reduce utility and other operating costs by making capital improvements to energy, water and utility systems, and consolidating facilities:

  • Improve water and energy conservation by upgrading plumbing, renovating restrooms and replacing or renovating athletic facilities that are old, inefficient and dilapidated or approaching the end of their useful life
  • Replace outdated and inefficient heating and ventilation systems
  • Acquire and install energy efficiency systems, including purchasing solar energy generating equipment currently operating on District property under a power purchase agreement, to reduce energy/utility costs and return savings to educational programs

Category 3: Keeping Schools Clean, Safe, Well Maintained and in Good Condition through Basic Upgrades and Cost Saving Measures to Protect Facility Investments

Goal and Purpose: To provide clean, safe and well maintained facilities to support educational programs, the District will undertake cost saving measures to free up funds for the maintenance, repair, upgrade or renovation of aging buildings, labs and classrooms, to improve school site safety and to pay other general fund expenses:

  • Replace and repair leaking roofs
  • Upgrade earthquake and safety equipment, including phone, fire alarm, communications systems, and security cameras
  • Repair, replace, or upgrade inefficient and aging heating, cooling and plumbing systems
  • Repair outdated electrical systems and wiring to improve efficiency and safety
  • Make safety improvements on and around school sites, including improved fencing, walkways and overhangs, better access for people with disabilities, and traffic circulation and parking improvements
  • Upgrade and perform essential safety repairs and improvements on classrooms, science laboratories, food services facilities, student services facilities and other school and athletics facilities
  • Repair, replace, or upgrade inefficient and aging food service facilities, multiuse rooms, and performing arts buildings
  • Pay off facility leases and certificates of participation
  • Renovate school restrooms
  • Repair or replace turf at District athletic facilities for student safety and water conservation
  • Upgrade, repair or replace playground equipment, asphalt and turf for student safety and improved access for people with disabilities
  • Replace drinking fountains, trash receptacles, enclosures and equipment
  • Renovate, repair, paint and improve school campuses, shade structures and grounds
  • Establish programs to support regular and long term upgrades and replacement of outdated facilities, equipment, and grounds and to support enrollment growth by creating additional classrooms and/or re-opening sites

Listed repairs, improvements, rehabilitation projects and upgrades will be completed as needed, with priority given to facilities that have not been renovated. Each project is assumed to include its share of costs of the election and bond issuance, architectural, engineering, and similar planning costs, construction management, staff training expenses and a customary contingency for unforeseen design and construction costs. In addition to the projects listed above, the Bond Project List also includes the acquisition of instructional, maintenance and operational furniture and equipment, necessary improvements to district administrative facilities and costs to meet charter school housing requirements, payment of the costs of preparation of all facilities planning and project implementation studies, feasibility and assessment reviews, master planning, environmental studies, and temporary housing for dislocated programs or activities caused by construction projects.

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. Necessary site preparation/grading/restoration may occur in connection with new construction, modernization, renovation or remodeling, including ingress and egress, removing, replacing or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, leases, licenses, or rights of way to the property. Proceeds of the bonds may be used to pay or reimburse the District for the cost of staff when performing work on or made necessary by the implementation of bond projects.

ADDITIONAL SPECIFICATIONS

No Administrator Salaries. Proceeds from the sale of Bonds authorized by this proposition shall be used only for purposes identified on the Bond Project List, including the construction, reconstruction, rehabilitation, or replacement of school facilities, the furnishing and equipping of said school facilities, and/or the acquisition or lease of real property for said school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

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 25 years (if issued pursuant to the provisions of the California Education Code) or 40 years (if issued pursuant to the provisions of the California Government Code) from the date borne by that bond.


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Created: December 17, 2012 13:46 PST
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