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Smart Voter
Alameda County, CA November 8, 2011 Election
Measure G
Newark Quality Education and Safe Classrooms Measure
Newark Unified School District

Bond Measure - 55% Approval Required

Pass: 3,286 / 55.90% Yes votes ...... 2,592 / 44.10% No votes

See Also: Index of all Measures

Results as of Nov 14 12:36pm, 100.0% of Precincts Reporting (6/6)
Information shown below: Impartial Analysis | Arguments | Tax Rate Statement | Full Text

"To preserve quality education, provide safe and modern schools, and qualify for matching funds, shall Newark Unified School District update aging classrooms, libraries, and science labs to meet earthquake/fire/safety standards; improve access for students with disabilities; remove asbestos, lead and hazardous materials; and improve energy/operational efficiency to maximize funding for instructional programs; by issuing $63 million in bonds at legal rates, with independent oversight, no money for administrators' salaries, and all funds staying in Newark?"
Bonds--Yes
Bonds--No

Impartial Analysis from Interim County Counsel
Measure G, a Newark Unified School District ("District") bond measure, seeks voter approval to authorize the District to cause general obligation bonds to be issued and sold in a principal amount not to exceed $63,000,000.00 (sixty three million dollars) at interest rates within the statutory limit. The primary purpose of the bonds is to finance specific school facilities projects in the measure.

Pursuant to California Constitution Section 18 of Article XVI and Section 1 of Article XIIIA and California Education Code Section 15274, this measure will become effective upon the affirmative vote of at least 55% of the qualified electors voting on this measure.

California Education Code Section 15100 restricts the use of the proceeds from the bonds sale to construction, reconstruction, rehabilitation or replacement of school facilities, and the acquisition of real property for school facilities. In addition, proceeds may only be used for the projects listed in the measure. Measure G provides that its proceeds will fund projects outlined in the measure (reproduced in the sample ballot) that include, among others: removing hazardous materials from school sites; updating school facilities to meet current earthquake, fire and safety standards; providing disabled access; modernizing classrooms and science laboratories; and improving energy efficiency. Proceeds may not be used for any other purpose, such as administrator salaries.

If 55% of those who vote on the measure vote "yes", the District will be authorized to issue bonds in an amount not to exceed $63,000,000.00 (sixty three million dollars). Approval of this measure will authorize a levy on the assessed value of taxable property within the District by an amount needed to pay the principal and interest on these bonds in each year that the bonds are outstanding.

The Tax Rate Statement for Measure G in this Voter Pamphlet reflects the District's best estimates, based upon currently available data and projections, of the property tax rates required to service the bonds. The best estimate of the average tax rate required to be levied to fund the bonds is 3.9˘ (three point nine cents) per $100.00 (one hundred dollars), which is $39.00 (thirty-nine dollars) per $100,000.00 (one hundred thousand dollars), of the assessed valuation of taxable property on the County's official tax rolls. The highest tax rate estimated to be levied to fund the bonds is the same as the average tax rate estimate, as set forth more fully in the Tax Rate Statement in this Voter Pamphlet.

An independent citizens' oversight committee will monitor the bond expenditures.

If 55% of those voting on this measure do not vote for approval, the measure will fail and the District will not be authorized to issue the bonds.

s/RICHARD R. KARLSSON
Interim County Counsel

The above statement is an impartial analysis of Measure G, which is printed in full in this sample ballot pamphlet. If you desire an additional copy of the measure, please call the Elections Official's office at (510)272-6933 and a copy will be mailed at no cost to you.

  Events

Interview about Measure G with NUSD Superintendent David Marken, October 7, 9:00-9:45 pm, Newark Council Chambers, 37101 Newark Blvd., Newark

The interview with Newark Superintendent may be viewed by going to http://www.lwvfnuc.org and clicking on forums
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 G Arguments Against Measure G
Student achievement in Newark continues to rise every year because of our outstanding teachers and our strong academic programs. Your YES vote on Measure G will help continue our students' success by protecting the quality of local education and providing local students with a safe learning environment.

Most of our schools in Newark are outdated and need to be repaired--many schools are over 40 years old and some are close to 50 years old. Classrooms, science labs and school libraries need to be upgraded.

Your YES vote on Measure G will provide locally controlled funds that can't be taken by Sacramento to update our classrooms so Newark students are prepared for college and 2lst-century jobs.

Measure G will maintain student achievement by:

  • Updating aging classrooms, libraries and science labs to meet earthquake, fire and safety standards
  • Improving access for students with disabilities
  • Removing asbestos, lead and hazardous materials
  • Improving energy and operational efficiency to maximize funding for instructional programs

Measure G requires fiscal accountability:
  • Every penny will stay in Newark--the State can't take a penny
  • Funds cannot be used for administrators' salaries
  • Independent citizens' oversight and annual reports will ensure funds are spent as promised

Your YES vote is critical. Improving energy and operational efficiency will generate approximately $500,000 in savings every year, which will go directly toward protecting academic programs and retaining qualified teachers.

If Measure G passes, Newark schools will be eligible for matching funds that would otherwise go to other communities. Measure G will also boost our local economy by creating and protecting local jobs.

Our neighborhood schools help make Newark a great place to live. Quality local schools help to protect property values, which benefits all of us. Vote YES on Measure G for great schools for Newark.

s/Miriam Keller President,
League of Women Voters
Fremont, Newark, Union City

s/Clark Redeker
71-Year Newark Resident

s/Mary T. King
Parent of Newark Unified School District Graduates

s/Debra A Romero
Long-time resident of Newark

s/Guadalupe "Lupe" Lopez
Local Business Owner

Rebuttal to Arguments For
This bond will not guarantee improved schools. It will guarantee more debt and no real change. "Based on the final costs of each project, certain of the projects described ... may be delayed or may not be completed."

The idea that "Measure G will boost our local economy" is a FALLACY. If this were true, Newark could simply tax itself into prosperity. Debt spending is bad policy. As it stands, Newark unemployment is 10.7% and job growth is -5.1%

Proponents say "Measure G requires fiscal accountability" yet, the District's estimates are "not binding upon the District. The actual tax rates ... may vary from those presently estimated."

Newark taxpayers cannot prevent "actual tax rates" from increasing if the measure passes. It is poorly written and has no fiscal guarantees or oversight built in to it.

Measure G will increase your tax burden without discernible benefits to student performance.

Measure G raises taxes and increases school debt to protect District jobs and salaries. "This measure will... protect jobs for local teachers and staff."

Measure G will increase debt and decrease savings. Savings of $500,000 does not account for higher debt payments. A debt of only $50 million at a modest 4% will generate INTEREST ONLY costs of $2 million yearly. Remember, the district IS ALREADY PAYING over $5 Million against old debt this year.

Measure G amounts to a tax funded District bailout. Vote NO on G! Newark must demand better schools with accountable management, fiscal discipline and less debt.

s/Albert Rubio
Engineer

s/David Springsteen
Facilities/Equipment Maintenance Supervisor

s/Cherie G. Swenson
Retired

s/Erin Springsteen
Student At UC Santa Cruz

  • All bond measures are tax proposals paid for by new property taxes on Newark homeowners.
  • Measure G is a 63 million dollar bond that will cost homeowners approximately $5000 that will take decades to pay off with fees and interest.
  • Existing debt already costs Newark taxpayers over $5 million annually.
  • This proposed bond is larger than the entire budget for the Newark Unified School District by 108%.
  • Since 1971, U.S educational spending has grown from $4,300 to over $9,000 per student after adjusting for inflation. Has doubling spending helped? Since 1971, reading and math scores have flat lined.
  • "Board President Charlie Mensinger said "... pursuing a bond measure allows the district to have an `influx in revenue' so they can reduce cuts," (School Board OKs Bond Measure on Fall Ballot) http://newark.patch.com/articles/school-board-oks- bond-measure-on-fall-ballot
  • An "influx in revenue" allows for an increase in spending, regardless of the amount of cuts made.
  • Measure G is written to allow the District to use the money to offset expenses. This allows Newark Unified School District to increase spending, without making necessary budget cuts. This will decrease accountability within the district.
  • California voters voted to have a required 67% majority for the approval of all tax increases. Measure G is an attempt to get around this. Measure G is a bond, only 55% of voters is needed for it to pass.
  • Newark Unified School District would benefit from bet- ter management and accountability, not an influx in rev- enue that allows continued fiscal irresponsibility.
  • Tax Payers are in peril. All levels of government intend tax increases to support government spending.
  • Debt spending is ruining Newark, our schools and our future.
  • Vote No on G. No on G is Newark Taxpayers Defense against increased taxes.

s/Albert Rubio
Engineer

s/David Springsteen
Facilities/Equipment Maintenance Supervisor

s/Cherie G. Swenson
Retired

s/Erin Mae Springsteen
UC Santa Cruz Student

Rebuttal to Arguments Against
The opponents have entirely missed the point. As Newark voters, we have a choice:

° Do we want to support our local schools and ensure all Newark children have access to safe classrooms and a quality education?

°Or do we want to sit back while Sacramento cuts school funding, forcing our schools to lay off teachers, cut academic programs and keep our schools in disrepair?

Measure G will provide local funding to upgrade our outdated classrooms so all students have a safe learning environment that prepares them for college and future careers. Here are the facts:

  • In the past two years alone, Sacramento has cut over $13 million from Newark classrooms.
  • Our schools have already made extensive cuts, including:
    °Laying off 75 teachers and staff
    °Reducing salaries
    °Implementing furlough days
    ° Cutting administration
    °Increasing class sizes
    °Cutting library hours
    ° Reducing academic and music programs

  • Measure G funds can only go toward repairing Newark school facilities outlined in the bond project list (see the full text of Measure G in your ballot pamphlet)
  • By law, Measure G funds cannot be spent on salaries, administration or operating expenses.
  • A citizens' oversight committee, comprised of Newark senior, taxpayer, business and parent organization representatives, will ensure funds are spent as promised.

Our schools have award-winning teachers and outstanding academic programs. Measure G will build on our students' success and provide the up-to-date classrooms our students need. Vote YES to protect strong student achievement in Newark.

s/Daryl Miller
Director of Finance, CPA

s/Edward Gomes
Realtor

s/Rick Arellano
College Professor

s/David M. Britton
CPA

s/Jean P. Ficklin
Retired Educator

Tax Rate Statement from Superintendent, Newark Unified School District
An election will be held in the Newark Unified School District (the "District") on November 8, 2011, on the question of whether to authorize up to $63,000,000 in bonds to be issued by the District to finance school facilities as described in the ballot measure. If the bonds are approved, the District expects to sell the bonds in three series over time. Principal and interest on the bonds will be paid from taxes levies on the taxable property in the District. The information contained in numbered paragraphs 1 + 3 below is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California. This information is based on the best estimates and projections presently available from official sources, experience within the District and other demonstrable factors.

1. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 3.9˘ per $100 ($39.00 per $100,000) of assessed valuation in fiscal year 2012-13.

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 3.9˘ per $100 ($39.00 per $100,000) of assessed valuation in fiscal year 2016-17.

3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, 3.9˘ per $100 ($39.00 per $100,000) of assessed valuation in fiscal year 2016-17.

4. The best estimate of the average annual tax rate which would be required to be levied to fund this bond issue through the entire repayment period, based on estimated assessed valuations available at the time of filing of this statement, is 3.9˘ per $100 ($39.00 per $100,000) of assessed valuation.

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

Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which is 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 dates of sale and the amount of bonds sold at any given time will be determined by the District based on its need for construction funds and other factors, including the legal limitations on bonds approved by a 55% vote. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.

Dated: August 9, 2011.

s/Dave Marken, Ed.D.
Superintendent
Newark Unified School District

Full Text of Measure G
Purpose

Student achievement in Newark schools is on the rise. Test scores in Newark have consistently increased over the last five years.

However, most local schools are over 40 years old, and some are close to 50 years old. School buildings throughout Newark do not meet current earthquake and safety standards. Many classrooms are not accessible for students with disabilities. Some classrooms contain, asbestos, lead and other hazardous materials. Roofs leak, heating and electrical systems are outdated and aging plumbing needs to be replaced. High school science labs are overcrowded and outdated. Schools are not energy efficient, which increases our utility costs and takes money away from instructional programs.

Upgraded classrooms, libraries and science labs are needed to provide a safe and modern learning environment for students.

If approved, the Newark Quality Education and Safe Classrooms Measure will provide local funding that cannot be taken away by the State to complete the highest priority projects that impact student safety, quality instruction and operational efficiency.

To protect student safety, Measure G will:

  • Remove asbestos, lead and other hazardous materials are removed from school sites
  • Update classrooms, libraries, science labs other school facilities to meet current earthquake, fire and safety standards for students
  • Improve security systems, fire alarms, fencing and exterior lights for student and teacher safety in an emergency

To provide a learning environment that supports outstanding student achievement, Measure G will:
  • Update classrooms to provide access for students with disabilities
  • Upgrade school libraries to accommodate computers and book collections for students
  • Modernize science labs, classroom computers teaching tools and technology to prepare students for 21st century jobs
  • Replace outdated electrical systems and wiring to accommodate modern technology

To reduce costs, improve efficiency and maximize available funding for classroom teachers and instructional programs, Measure G will:
  • Improve energy efficiency to reduce utility costs by an estimated half-million dollars per year
  • Replace outdated heating, ventilation and other mechanical systems that often break and are expensive to repair

Measure G requires mandatory fiscal accountability, including:
  • Every penny from this measure must stay in Newark to benefit local schools
  • No funds can be taken away by Sacramento.
  • No funds can be used for administrator salaries or administration
  • An independent citizens' oversight committee will review the use of funds to ensure they are spent properly
  • Annual performance and financial audits are required

The Newark Quality Education and Safe Classrooms Measure is designed to provide the best possible education for Newark students and to benefit the entire Newark community. Good schools make our neighborhoods more desirable, which protects the value of our homes. This measure will create local construction jobs, boost economic activity in the area and protect jobs for local teachers and staff.

Project List

Every school within the Newark Unified School District will receive funding from Measure G, the Newark Quality Education and Safe Classrooms Measure. Bond funds, in conjunction with State matching funds as may become available, will be used to make necessary repairs and upgrades to existing school campuses, as well as replace old portable classrooms and buildings, and upgrade the technology infrastructure to support student learning. The campuses and support facilities listed below will receive the following repair, upgrade and construction projects as necessary:

Bunker Elementary School
Graham Elementary School
Kennedy Elementary School
Lincoln Elementary School
Milani Elementary School
Musick Elementary School
Schilling Elementary School
Snow Elementary School
Newark Junior High School
Newark Memorial High School
Macgregor Alternative School
Whiteford Preschool

1. Complete health and safety improvements required to comply with current student safety standards and codes, including removing hazardous materials such as asbestos and lead, completing seismic safety upgrades to make facilities earthquake safe, improving electrical systems and fire safety, upgrading communication and security systems, providing lighting for safety, repairing cracked and uneven pavement and stairs, and improving safety in school parking areas

2. Provide access to classrooms, science labs, restrooms and other school facilities for students with disabilities

3. Improve student access to classroom computers and modern technology by upgrading electrical and technology infrastructure and distribution

4. Complete repairs, renovations and upgrades to school sites including replacing outdated electrical systems, sewer, water, gas, paving, walkways, fencing, landscaping and drainage systems

5. Complete major upgrades and renovations to building exteriors and interiors, such as walls, painting, lighting, roofing, floor coverings, doors, windows and hardware

6. Upgrade science labs to support instructional programs and provide advanced courses now required by colleges and universities for admission

7. Provide facilities and equipment necessary to effectively implement career and technical programs so students can compete for today's in-demand jobs

8. Update and improve building systems including heating, ventilation and plumbing systems to reduce energy consumptions and school utility costs

9. Evaluate and implement energy generation, management and conservation systems to improve environmental sustainability and effectively reduce ongoing energy and utility costs incurred by the District

10. Construct, furnish and equip new classrooms to replace outdated/aging portable classrooms

11. Renovate, expand, and construct student support facilities throughout the District as needed

12. Acquire and install instructional, maintenance, and operational equipment including but not limited to: desks, computers, printers/reprographic equipment, computer stations, smart boards, whiteboards, tack boards; science, art, and instrumental program equipment; window coverings, cafeteria tables, and maintenance equipment to the extent permitted by law

13. Upgrade and replace as necessary outdoor play equipment, protective play surfaces, and fields as needed to meet new safety standards and keep our children healthy

14. Provide adequate shade structures and lunch shelters to protect students

15. Expand and upgrade multi-purpose rooms, cafeterias and kitchen areas as needed to efficiently prepare food and serve students in a safe and sanitary environment

16. Refinance or retire existing debts and leases in order to secure more favorable terms for taxpayers and/or free up funding for classroom instruction

Priority of Projects


The listed projects will be prioritized and completed as needed with the following projects being prioritized first: projects dealing with safety and security for students, teachers and school staff; items with immediate impact on classrooms and instruction; items which protect the structural integrity of our schools protect taxpayer investments in these community assets; projects that maximize additional funding resources or that generate ongoing funding or expense reduction.

Project Costs

Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, staff training expenses and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the acquisition of a variety of instructional, maintenance and operational equipment, including the reduction or retirement of outstanding lease obligations and interim funding incurred to advance fund projects from the Project List; installation of signage and fencing; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects. In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: renovation of student and staff restrooms; repair and replacement of heating and ventilation systems; upgrade of facilities for energy efficiencies; repair and replacement of worn-out and leaky roofs, windows, walls, doors and drinking fountains; installation of wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrades or construction of support facilities, including administrative, physical education and performing arts buildings and maintenance yards; repair and replacement of fire alarms, emergency communications and security systems; resurfacing or replacing of hard courts, turf and irrigation systems and campus landscaping; expand parking; install interior and exterior painting and floor covering; demolition; and construction of various forms of storage and support spaces, upgrade classrooms, repair, upgrade and install interior and exterior lighting systems; replace outdated security fences and security systems. The upgrading of technology infrastructure includes, but is not limited to, computers, LCD projectors, portable interface devices, servers, switches, routers, modules, sound projection systems, laser printers, digital white boards, document projectors, upgrade voice-over-IP, call manager and network security/firewall, wireless technology systems and other miscellaneous equipment and software.

The allocation of bond proceeds will 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 will 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 and construction documents are finalized, construction bids are received, construction contracts 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 more enhanced and operationally efficient campuses. Necessary site preparation/restoration 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, relocating fire access roads, and acquiring any necessary easements, 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 District staff when performing work on or necessary and incidental to bond projects. Bond proceeds shall only be expended for the specific purposes identified herein. 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.

Accountability Requirements


The provisions in this section are specifically included in this measure in order that the voters and taxpayers in the District may be assured that their money will be spent wisely. Expenditures to address specific facilities needs of the District will be 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 Education Code Sections 15264 and following.)


Evaluation of Needs. The Board has identified detailed facilities needs of the District and has determined which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated safety, class size reduction, enrollment growth, and information technology needs in developing the Bond Project List.


Independent Citizens' Oversight Committee. The Board shall establish an Independent Citizens' Oversight Committee under Education Code Section 15278 and following to ensure bond proceeds are expended only on the school facilities projects listed below. The committee will be established within 60 days of the date when the results of the election appear in the minutes of the Board.


Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed below. Financial Audits. The Board 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 below.


Special Bond Proceeds Account: Annual Report to Board. Upon approval of this measure and the sale of any bonds approved, the Board 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 of the District shall cause a report to be filed with the Board annually, 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 in the annual budget, audit, or another appropriate routine report to the Board.

Further Specifications


No Administrator Salaries. Proceeds from the sale of bonds authorized by this measure shall be used only for the construction, reconstruction and/or rehabilitation of school facilities including the furnishing and equipping of school facilities or acquisition or lease of real property for school facilities and not for any other purpose, including administrator salaries.


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