General Election 2024
Measure MM
- Election Date
- Nov 5, 2024
English
Click here for a press release from the Los Angeles County Registrar-Recorder/County Clerk’s Office addressing the Ballot Measure error affecting the Santa Monica-Malibu Unified School District.
Click here for a press release from the Santa Monica-Malibu Unified School District regarding Measures QS and MM.
MALIBU SCHOOLS REPAIR/IMPROVEMENT BOND MEASURE: To remove asbestos/lead/hazardous materials where needed; fix leaky roofs, plumbing, inadequate wiring, safety/security systems; upgrade classrooms, labs, libraries, instructional technology for competitive college and careers; shall School Facilities Improvement District No. 2 (Malibu Schools) of Santa Monica-Malibu Unified School District’s measure be adopted authorizing $395,000,000 of bonds at legal interest rates, levying 4¢ per $100 assessed value (raising $22 million annually) while bonds are outstanding, with citizens' oversight, annual audits, and all funds for Malibu public schools only?
For questions, please contact the Santa Monica-Malibu Unified School District's Office at (310) 450-8338.
Click here for a staff report on this measure.
Text of Measure
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT
SCHOOL FACILITIES IMPROVEMENT DISTRICT NO. 2
(Malibu Schools)
GENERAL OBLIGATION BONDS
FULL TEXT OF MEASURE MM
This measure may be known as the “Malibu Schools Repair/ Improvement Bond
Measure” or “Measure MM”.
BOND AUTHORIZATION
By approval of this measure by at least 55 percent of the registered voters voting on the measure, Santa Monica-Malibu Unified School District (the “District”) will be authorized to issue and sell bonds with respect to its School Facilities Improvement District No. 2 (Malibu Schools) (“SFID No. 2”) in the principal amount of up to $395 million at interest rates not to exceed legal limits and to provide financing for the specific types of school facilities projects listed in the Bond Project List described below, subject to all the accountability requirements specified below.
ACCOUNTABILITY REQUIREMENTS
The provisions in this section are specifically included in this measure in order that the voters and taxpayers in SFID No. 2 may be assured that their money will be spent wisely. Expenditures to address specific facilities needs of SFID No. 2 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 District Board of Education (the “Board”) has identified detailed facilities needs of facilities in SFID No. 2 and the Board has determined which projects to finance from a local bond. The Board hereby certifies that it has evaluated safety, class size reduction, enrollment growth, and information technology needs in developing the Bond Project List shown below.
Independent Citizens’ Oversight Committee. Following approval of this measure, the Board will establish an Independent Citizens’ Oversight Committee, under Education Code Sections 15278 and following, to ensure bond proceeds are expended only on the types of 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 will conduct annual, independent performance audits to ensure that the bond proceeds have been expended only on the school facilities projects listed below.
Financial Audits. The Board will conduct annual, independent financial audits of the bond proceeds until all of those proceeds have been spent for the types of school facilities projects listed below.
Government Code Accountability Requirements. As required by Section 53410 of the Government Code, (1) the specific purpose of the bonds is set forth in this Full Text of the Measure, (2) the proceeds from the sale of the bonds will be used only for the purposes specified in this measure, and not for any other purpose, (3) the proceeds of the bonds, when and if issued, will be deposited into a building fund to be held by the Los Angeles County Treasurer, as required by the California Education Code, and (4) the Superintendent of the District shall cause an annual report to be filed with the Board of Education of the District not later than January 1 of each year, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in this measure, as required by Sections 53410 and 53411 of the Government Code.
NO TEACHER OR ADMINISTRATOR SALARIES
Proceeds from the sale of bonds authorized by this measure shall be used only for the purposes specified in Article XIII A, Section 1(b)(3), those being for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, and the acquisition or lease of school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.
STATE MATCHING FUNDS
The following statement is included in this measure pursuant to Education Code Section 15122.5: Approval of this measure does not guarantee that the proposed project or projects that are the subject of bonds under this measure will be funded beyond the local revenues generated by this measure. The District's proposal for the project or projects described below may assume the receipt of matching state funds, which, if available, could be subject to appropriation by the Legislature or approval of a statewide bond measure.
INFORMATION ABOUT ESTIMATES AND PROJECTIONS INCLUDED IN BALLOT
Voters are informed that any estimates or projections in the bond measure or ballot materials, including relating to estimated rates of ad valorem property taxes, the duration of issued bonds and related levies and collections of ad valorem property taxes are provided as informational only. Such amounts are estimates and are not maximum amounts or limitations on the terms of the bonds, the rate or the duration of the tax supporting repayment of issued bonds. Such estimates depend on numerous variables which are subject to variation and change over the term of the District’s overall facilities and bond financing plan, including but not limited to the amount of bonds issued and outstanding at any one time, the interest rates applicable to issued bonds, market conditions at the time of sale of the bonds, when bonds mature, timing of project needs and changes in assessed valuations in the District. As such, while such estimates and approximations are provided based on information currently available to the District and its current expectations, such estimates and approximations are not limitations and are not binding upon the District. In addition, the abbreviated and condensed statement of the bond measure presented to voters which is subject to a word count limitation of not to exceed 75 words imposed by State law does not limit the scope and complete meaning of the measure provided in this Full Text of Bond Measure and related ballot materials.
BOND PROJECT LIST
Scope of Projects. Bond proceeds will be expended on the construction, reconstruction, rehabilitation, or replacement of school facilities of the Santa Monica-Malibu Unified School District with respect to SFID No. 2, including furnishing and equipping, and the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries or other school operating expenses, all in compliance with California Constitution Article XIIIA, Section 1(b)(3).
This measure authorizes bond projects to be undertaken at all current and future education, support and other ancillary sites and annexes within SFID No. 2, including bond projects at support sites providing services to facilities within SFID No. 2.
School Facility Project List. The items presented on the following list are the types of projects authorized to be financed with voter-approved bond proceeds. Specific examples which follow the broader types of authorized projects are not intended to limit those broader types of projects described and authorized by this measure. The types of projects authorized to be undertaken are:
1. School Safety and Security Upgrades. Improvements, upgrades and/or repairs or replacements of District systems and facilities to achieve a safe, secure and accessible learning environment. Authorized projects include:
- Manage and remove potential physical hazards, including improving access, fire safety, seismic concerns, and other threats to life and safety
- Remove and abate environmental hazards, including lead, asbestos, PCBs, mold and other toxins
- Improve indoor air quality to reduce environmental hazards and reduce the potential of the spread of airborne illnesses
- Practice crime prevention through environmental design making schools safer through natural surveillance, natural access, and territorality
- Install Security and access control systems including surveillance systems, fire alarms, sprinkler systems, alarm systems, key/lock systems, communication systems and public address systems
- Update Security/perimeter fencing and gates, security cameras, signage and site lighting
- Replace/repair of damaged or non-compliant playground equipment
- Resurface playgrounds, walkways and parking areas
- Ensure safe and barrier-free ADA compliant access at all facilities
- Upgrade pedestrian access, drop off/pick up areas, varied mobility entry, bicycle storage, and reduce vehicle/student incursions
2. Repairing, upgrading, modernizing and replacing aging school facilities and buildings in the Malibu Area. Upgrades, repairs, renovations and/or replacements to facilities, buildings and building systems to address deteriorating, aging, failed or failing facilities, buildings, systems and/or equipment, increase energy efficiency and/or air quality, bring all facilities and systems into current code compliance and provide modern school facilities and classrooms. Authorized projects include:
- Structural repairs and upgrades, address leaky/aging roofing, replacement of windows, doors and building finish materials
- Interior finishes: paint, ceiling and wall finishes, window coverings, flooring and casework
- Heating, ventilation and air conditioning (HVAC) systems and other indoor air quality improvements
- Repairing inefficient and potentially faulty electrical systems
- Repairing or replacing infrastructure including water, sewer, gas and related utility systems
- Electrical systems, including lighting, power distribution and control systems and other renewable energy systems such as wind turbines, solar panels and microgrids, including battery storage
- Plumbing including fixtures and repairs to sewer and water distribution systems
- Repair, modernize, replace or add bathrooms, including modernizing/constructing additional bathrooms to be compliant with new accessibility requirements
- Upgrade, modernize, renovate, replace, equip and furnish District classrooms, academies, facilities for fine and performing arts, and other facilities serving students including kitchens, cafeterias, and multi-purpose rooms
- Replacement of temporary and aging portable classrooms with permanent or upgraded facilities
- Renovate and/or construct new educational and/or support facilities to replace and/or expand facilities at existing, adjacent and new sites, as the Board of Education may determine is necessary to improve the delivery of the district’s educational programs and/or prevent overcrowding within the School Facilities Improvement District
- Develop and implement plan to address facilities needs at Malibu Middle and High Schools including renovation and rebuilding
- Assess elementary school physical and educational needs and develop/implement plan for renovation and rebuilding
3. Technology and Science Modernization Projects. Acquire, upgrade and install at school sites and District facilities up-to-date technology infrastructure and equipment to facilitate a modern learning environment including upgrading and equipping science, math and other project-based learning labs. Authorized projects include:
- Infrastructure such as wiring, switches, routers and wireless access infrastructure
- Computers, devices and other modern instructional equipment and technology
- Hardware and software and back-up and recovery and security technologies
- Science and laboratory modernization, including science equipment and instructional tools
- Project-based, innovation labs and maker space facilities, learning materials and equipment, including specialized career technology educational tools and materials
4. Renovations, upgrades and improvements to school sites/grounds and physical education/athletic facilities. Repair, upgrade, renovate and improve school grounds, play fields and physical education facilities, including equipment. Authorized projects include:
- Restore and upgrade play fields and playgrounds, including play/fitness equipment and hardtop and asphalt surfaces
- Repair, upgrade, replace and/or resurface, and equip physical education and athletic facilities, including outdoor tracks, gymnasiums, aquatics, locker rooms, bathrooms and all related facilities
- Install shade structures, traffic control devices, lighting and/or bleachers and other seating
- Mobility improvements, including drop off/pick up areas, circulation elements, safety/wayfinding/identity signage and parking facility improvements, including resurfacing, expansion, signage and lighting
- Install of cost-effective, efficient landscaping and irrigation systems, including drought resistant landscaping
5. Construct facilities for, and/or reconfigure/rebuild facilities, to support the operation of the central school district administration, including the potential for a Malibu Unified School District. The exploration, design and modernization/construction of facilities supporting the students, programs and needs of the Malibu area schools and programs. Authorized projects include:
- Temporary and/or permanent Administrative Office
- Maintenance, Operations and Transportation facilities
- Workforce Housing
Furnishing and Equipping; Incidental Expenses. Each of the bond projects described in this Bond Project List include the costs of furnishing and equipping facilities throughout SFID No. 2, and all costs which are incidental but directly related to the types of projects described above.
Examples of incidental costs include, but are not limited to: costs of design, engineering, architect including DSA fees, legal and other professional and consultant services including fees relating to litigation, facilities assessments, inspections, site preparation, utilities, landscaping, construction management by third parties, general contractors and/or District personnel, and other planning and permitting, environmental review, rezoning and municipal license fees if any, legal, accounting and similar costs; independent annual financial and performance audits; a customary construction contingency; demolition and disposal of existing structures; the costs of interim housing and storage during construction including relocation and construction costs incurred relating to interim facilities; rental or construction of storage facilities and other space on an interim basis for materials and other equipment and furnishings displaced during construction; costs of relocating facilities and equipment as needed in connection with the projects; interim classrooms and facilities for students, administrators, and school functions, including modular facilities; all federal, state and locally-mandated safety upgrades; the costs of new or expanded infrastructure; the cost of providing parking and other facilities to accommodate new or expanded facilities; addressing any unforeseen conditions revealed by construction/modernization and other necessary improvements required to comply with existing building codes, including the Field Act; complying with all access requirements of the Americans with Disabilities Act and similar laws and regulations; costs of the election including other costs arising directly from the bond measure; litigation costs; project construction oversight, management and administration during the duration of such projects including by District personnel, and bond issuance costs.
Alternations to Scope and Nature; New Construction. The School Board is hereby authorized to alter the scope and nature of any of the specific projects described above as required or recommended by new conditions, discoveries or any other factors including economic factors and/or factors relating to the most effective delivery of the District’s educational programs that may become apparent during the course of facilities planning, design and construction. In the event that the School Board determines that a modernization or renovation project is in the best interests of the District and it students to be undertaken as new construction based on cost or safety considerations, this bond measure authorizes said project to be undertaken in whole or in part as new construction, including land acquisition, relocation and construction at a new or alternative site, and/or demolition and reconstruction and/or repurposing on the original site, including an expanded site, and all costs relating thereto. In addition, to accomplish any of the projects included on the above list, this measure authorizes the acquisition of real property, including necessary rights of ways or other real property interests.
Interim Financing Included; Joint Use Projects Authorized. In addition, authorized projects include reimbursements for paid project costs and paying and/or prepaying interim or previously obtained financing for the projects included on the project list, such as bond anticipation notes or lease financings including certificates of participation relating to facilities projects and/or equipment previously financed. Finally, projects on this list may be undertaken and used as joint use projects with other public agencies.
Unforeseen Circumstances; Limited Funding Sources. Many factors may impact the District’s ability to address each of the projects described herein, including but not limited to construction costs, supply chain issues which can cause project delays, labor shortages, unknown environmental factors or site conditions, overall facilities needs and related costs which exceed available bond funding sources, among others. The District is unable to anticipate all circumstances which may prevent some of the projects that have been listed above from being undertaken or completed. Approval of the District’s bond measure does not guarantee that all of the identified projects within the Bond Project List will be funded beyond what can be completed with funds generated by this bond measure. The District plans to pursue additional funding such as State matching funds, if available, to address its facilities needs.
Project List Not in Order of Priority; Board Determines Prioritization. The order in which projects are listed in the foregoing Bond Project List does not suggest an order of priority. Project prioritization is vested in and will be determined by the District Board.
Interpretation. The terms of this Bond Measure and the words used in the Bond Project List shall be interpreted broadly to effect the purpose of providing broad and clear authority for the officers and employees of the District to provide for the school facilities projects the District proposes to finance with the proceeds of the sale of bonds authorized by this proposition within the authority provided by law, including Article XIIIA, Section 1(b)(3) of the California Constitution, Education Code Section 15000 et seq. and the Strict Accountability in Local School Construction Bonds Act of 2000. Words used in the Project List such as repair, improve, upgrade, expand, modernize, renovate, and reconfigure are used to describe school facilities projects in plain English but are not intended to expand the nature of such projects beyond what is authorized by law. The Bond Project List does not authorize, and shall not be interpreted to authorize, the expenditure of proceeds of the sale of bonds authorized by this measure for current maintenance, operation or repairs.
Severability. The District Board hereby declares, and the voters by approving this Bond Measure concur, that every section and part of this bond proposition has independent value, and the District Board and the voters would have adopted each provision hereof regardless of every other provision hereof. Upon approval of this measure by the voters, should any part be found by a court of competent jurisdiction to be invalid for any reason, all remaining parts hereof shall remain in full force and effect to the fullest extent allowed by law, and to this end the provisions of this bond measure are severable.
TAX RATE STATEMENT
REGARDING PROPOSED
$395 MILLION
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT
SCHOOL FACILITIES IMPROVEMENT DISTRICT NO. 2 (MALIBU SCHOOLS)
GENERAL OBLIGATION BONDS
An election will be held in School Facilities Improvement District No. 2 (Malibu Schools) (the “Improvement District”) of Santa Monica-Malibu Unified School District (the “District”) on November 5, 2024, to authorize the sale of up to $395 million in bonds to finance school facilities improvements in the Improvement District 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 ad valorem tax levies made upon the taxable property in the Improvement 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 Improvement District, and other demonstrable factors.
Based upon the foregoing and projections of the Improvement District’s assessed valuation, the following information is provided:
1. The best estimate of the average annual tax rate which would be required to be levied to fund this bond issue over the entire duration of the bond debt service, based on a projection of assessed valuations available at the time of filing of this statement, is $39.59 per $100,000 of assessed value (3.959¢ per $100 of assessed value). The final fiscal year in which the tax is anticipated to be collected is 2060-61.
2. 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 $39.95 per $100,000 of assessed value (3.995¢ per $100 of assessed value). It is estimated that such rate would be levied starting in fiscal years 2025-26 through 2056-57.
3. 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 $790,920,958.
Voters should note the estimated tax rate is based on the assessed value (not market value) of taxable property on Los Angeles County’s official tax rolls. 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 amounts are not maximum amounts and are not binding upon the District with respect to bonds of the Improvement District. The actual debt service, tax rates and the years in which they will apply may vary from those used to provide the estimates set forth above, due to factors such as variations in the timing of bond sales, the par amount of bonds sold and market interest rates available at the time of each sale, actual assessed valuations over the term of the bonds, and other factors. The date and amount of bonds sold at any given time will be determined by the District based on the need for project funds and other considerations. The actual interest rates at which the bonds will be sold will depend on conditions in the bond market at the time of sale. Actual future assessed valuations will depend upon the amount and value of taxable property within the Improvement District as determined by the Los Angeles County Assessor in the annual assessment and the equalization process.
Dr. Antonio Shelton
Superintendent
Santa Monica-Malibu Unified School District
Impartial Analysis
IMPARTIAL ANALYSIS OF MEASURE MM
By Dawyn R. Harrison, County Counsel
Approval of Measure MM ("Measure") 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 $395,000,000. The District placed the Measure on the ballot by "Resolution of the Board of Education of the Santa Monica-Malibu Unified School District Ordering an Election in School Facilities Improvement District ("SFID") No. 2 (Malibu Schools) to Authorize the Issuance of School Bonds, Establishing Specifications of the Election Order, and Requesting Consolidation with Other Elections Occurring on November 5, 2024," adopted by the Board on July 24, 2024.
Proceeds from the sale of the bonds authorized by the Measure will be used only for the purposes specified in the Measure in SFID No. 2, including acquisition, construction, reconstruction, rehabilitation, or replacement of school facilities such as classrooms, playgrounds, parking areas, kitchens, cafeterias and multi-purpose rooms; repairing and replacing systems and facilities for safety and code compliance such as roofs, windows, doors, flooring, HVAC systems, electrical systems and utilities; and technology infrastructure, computers and science equipment. A complete list of the projects and allowed expenditures is included in the full text of the Measure. Bond proceeds may not be expended on teacher and administrator salaries and other operating expenses.
The Board will cause independent performance and financial audits to be conducted annually to ensure that bond proceeds are spent only for projects identified in the Measure. The Board will establish an independent citizens' oversight committee in compliance with the Education Code no later than 60 days after the Board enters the election results in its minutes. Bond proceeds will be deposited into a fund held by the Los Angeles County Treasurer and the District will comply with the reporting requirements of the Government Code.
Approval of the Measure does not guarantee that projects described in the Measure will be funded beyond local revenues generated by the Measure. The District's proposal for certain projects may assume receipt of matching State funds subject to appropriation by the Legislature or approval of a statewide bond measure.
The bonds will not exceed the maximum interest rate as allowed by law. According to the District's Tax Rate Statement, the best estimate of the average tax rate required to fund the bond issue, based on estimated assessed valuations available when the District filed the statement, is $39.59 per $100,000 of assessed valuation. The best estimate of the highest tax rate required to fund the bond issue, based on estimated assessed valuations available when the District filed the statement, is $39.95 per $100,000 of assessed valuation. The final fiscal year in which the tax levied to fund this bond is to be collected is anticipated to be fiscal year 2060-61. The estimate of total debt service, including principal and interest, is $790,920,958.
This Measure requires approval by fifty-five percent (55%) of the qualified voters voting in the election for passage.
Argument in Favor
ARGUMENT IN FAVOR OF MEASURE MM
Vote YES on Measure MM for safe, modern schools and facilities for Malibu families and students in our local schools.
Our excellent Malibu public schools thrive because of our dedicated teachers, parents, and supportive community. Our diverse and supportive community deserves high-quality public schools.
Clean, safe classrooms, educational programs, and schools are critical to students' achievement, and many Malibu schools urgently need repairs and upgrades to meet today's academic and safety standards.
That is why we need Measure MM.
Measure MM Benefits Malibu Schools Only
All Measure MM funds will remain under local control and can only be used to improve local Malibu area public schools. No funds can be spent in other areas.
Vote YES on MM to continue providing our community and children with an excellent education. Measure MM will bring Malibu a new high school and upgrade our K-8 schools and classrooms to keep Malibu schools among the best in the nation.
YES on MM will:
- Improve school safety and security systems, including fire alarms, sprinklers, locks, and fencing
- Complete the new high school, update and support the middle school
- Modernize science labs, libraries, and technology for college and career readiness
- Upgrade Malibu and Webster Elementary schools
- Replace aging heating and cooling systems
Every dollar from Measure MM supports Malibu schools only:
- All funds remain under local control to support Malibu area schools exclusively
- Not one cent can be taken by the State
- No money can be used for administrator salaries
- Continued accountability from an oversight committee of Malibu residents, including annual audits to ensure funds are appropriately spent and as promised
By November 5, join parents, teachers, local business and community leaders, and seniors by voting YES on MM to maintain excellent education in Malibu schools!
CRAIG FOSTER
STACY ROUSE
Member, Board of Education, SMMUSD
MARIANNE RIGGINS
Mayor Pro Tem
JEFFREY D. JENNINGS
WADE MAJOR
Argument Against
No argument against this measure was submitted.