Download the Measure G Full Ballot Language below, or read the entire text below.
RESOLUTION NO. #2019-36
RESOLUTION OF THE BOARD OF TRUSTEES OF FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT ORDERING AN ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER
WHEREAS, the Board of Trustees (the “Board”) of the Foothill-De Anza Community College District (the “District”) has determined that certain educational facilities need to be constructed, renovated, acquired and equipped, in a fiscally prudent manner, to enable the District to maintain both Foothill College and De Anza College as valuable community resources that provide an affordable education to local students who desire to learn job skills and transfer to four-year universities; and
WHEREAS, since the cost of attending California’s public universities has risen to at least five times that of attending a community college, more students and their families rely on their local community colleges to save tens of thousands of dollars for a quality education; and
WHEREAS, Foothill College and De Anza College must increase opportunities for local students to earn college credits, certifications and job skills at a reasonable price and transfer to four year universities; and
WHEREAS, in today’s competitive job environment, Foothill College and De Anza College must continue providing essential job training and workforce preparation for students of all ages, veterans and local residents and education for local residents by upgrading classrooms, facilities and technology and expanding access to training programs that help students learn new skills and find better paying jobs in business, technology, nursing, manufacturing, public safety (first responders) and other high-demand careers; and
WHEREAS, because of our changing economy our classrooms and labs must be upgraded to provide students with up-to-date skills and modern technology that will allow for needed programs to keep our local economy strong; and
WHEREAS, Foothill College and De Anza College must continue to provide their students with access to a well-rounded education by continuing to offer the broad science, technology, arts and vocational opportunities students need to be prepared for four-year universities and careers; and
WHEREAS, Foothill College and De Anza College must continue to expand their online education programs, which have course offerings not available on campus and which allow students to continue their studies even when they have hectic work schedules that keep them from campus; and
WHEREAS, the State does not provide the District with enough money for it to adequately maintain Foothill College’s and De Anza College’s educational facilities and academic programs; and
WHEREAS, the Board has received information regarding the feasibility of a local bond measure and the District’s bonding capacity; and
WHEREAS, a local measure will provide funds that cannot be taken away by the State to support local job training and facilitate transfer to four-year universities; and
WHEREAS, a local measure will update Foothill College and De Anza College facilities to prepare students for jobs in business, technology, nursing, manufacturing, and public safety (first responders); and
WHEREAS, such a local measure will include mandatory taxpayer protections, including an independent citizens’ oversight of all funds and mandatory annual financial audits to ensure funds are spent only as authorized; and
WHEREAS, the Board and District have solicited stakeholder and community input on priorities from students, faculty, staff, business and civic leaders, and the community; and
WHEREAS, in the judgment of the Board, it is advisable to provide additional funding for job training and workforce preparation for students and veterans of all ages and local residents and to improve facilities for course opportunities in technical vocational careers, by means of a general obligation bond issued in a financially prudent manner; and
WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act (“Proposition 39”), which reduced the voter threshold for ad valorem tax levies used to pay for debt service or bonded indebtedness to 55% of the votes cast on a community college district general obligation bond; and
WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Section 15264) of the Education Code (the “Act”) became operative and established requirements associated with the implementation of Proposition 39; and
WHEREAS, the Board desires to make certain findings herein to be applicable to this election order and to establish certain performance audits, standards of financial accountability and citizen oversight which are contained in Proposition 39 and the Act; and
WHEREAS, the Board determines that, in accordance with Opinion No. 04-110 of the Attorney General of the State of California, the restrictions in Proposition 39, which prohibit any bond money to be used for administrator salaries and other operating expenses of the District shall be strictly monitored by the District’s Citizens’ Oversight Committee; and
WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the Proposition 39 limits per year per $100,000 of assessed valuation of taxable property; and
WHEREAS, Elections Code Section 9400 et seq. requires that a tax rate statement be contained in all official materials, including any ballot pamphlet prepared, sponsored or distributed by the District, relating to the election; and
WHEREAS, the Board now desires to authorize the filing of a tax rate statement and ballot argument in favor of the proposition to be submitted to the voters at the election; and
WHEREAS, pursuant to the Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on March 3, 2020, and to request the Santa Clara County Registrar of Voters to perform certain election services for the District; and
WHEREAS, in the judgment of the Board, it is advisable to request the Santa Clara County Registrar of Voters to call an election pursuant to Proposition 39 on the question of whether general obligation bonds shall be issued and sold on behalf of the District for purposes set forth below.
NOW THEREFORE, THE BOARD OF TRUSTEES OF FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the Board, pursuant to Education Code Sections 15100 et seq., Sections 15264 et seq. and Government Code Section 53506, hereby requests the Santa Clara County Registrar of Voters to call an election under the provisions of Proposition 39 and the Act and submit to the electors of the District the question of whether bonds of the District in the aggregate principal amount of $898,000,000 (the “Bonds”) shall be issued and sold to raise money for the purposes described in Exhibits “A” and “B” hereto. Both exhibits are directed to be printed in the voter sample ballot pamphlet. The District’s Chancellor, or the Chancellor’s designee, is hereby authorized and directed to make any changes to the text of the measure, or to the abbreviated form of the measure, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of election officials, and requirements of law.
Section 2. That the date of the election shall be March 3, 2020.
Section 3. That the purpose of the election shall be for the voters in the District to vote on a proposition, a copy of which is attached hereto and marked Exhibit “A” and incorporated by reference herein, containing the question of whether the District shall issue the Bonds to pay for improvements to the extent permitted by such proposition. In compliance with Proposition 39 and the Act, the ballot proposition in Exhibit “A” is subject to the following requirements and determinations:
(a) that the proceeds of the sale of the Bonds shall only be used for the purposes set forth in the ballot measure and not for any other purpose, including faculty and administrator salaries and other college operating expenses;
(b) that the Board, in compliance with Proposition 39, and in establishing the projects set forth in Exhibit “B”, evaluated safety, university transfer, enrollment trends, class size reduction, class availability, information technology and the technical job training facilities of the District;
(c) that the Board will cause to be conducted an annual, independent performance audit to ensure that the Bond moneys get expended for the types of projects identified in Exhibits “A” and “B” hereto;
(d) that the Board will cause an annual, independent financial audit of the proceeds from the sale of Bonds to be conducted until all of the Bond proceeds have been expended and accounted for;
(e) that the Board will cause the appointment of a Citizens’ Oversight Committee in compliance with Education Code Section 15278 no later than 60 days after the Board enters the election results in its minutes pursuant to Education Code Section 15274. The Citizens’ Oversight Committee shall initially consist of at least seven (7) members and at no time consist of less than seven (7) members, with the possible exception of brief periods to fill any unexpected vacancies. The Citizens’ Oversight Committee may not include any employee or official of the District or any vendor, contractor or consultant of the District. The Citizens’ Oversight Committee shall include all of the following: One (1) member who is active in a business organization representing the business community located within the District; One (1) member who is active in a senior citizens’ organization; One member who is active in a bona fide taxpayer association. In furtherance of its specifically enumerated purposes, the Citizens’ Oversight Committee may engage in any of the following activities relating solely and exclusively to the expenditure of the Proposition 39 bond proceeds:
(i) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
(ii) Inspect District facilities and grounds to ensure that Proposition 39 bond revenues are expended in compliance with applicable law;
(iii) Receive and review copies of all scheduled maintenance proposals or plans developed by the District;
(iv) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs; and
(f) that the tax levy authorized to secure the bonds of this election shall not exceed the Proposition 39 limits per $100,000 of taxable property in the District when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.
Section 4. That the authority for ordering the election is contained in Education Code Sections 15100 et seq., 15340 et seq. and 15264 et seq. and Government Code Section 53506.
Section 5. That the authority for the specifications of this election order is contained in Education Code Section 5322. In connection with ordering the election pursuant to the provisions cited above, the District has obtained reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the County assessor that are available to the District.
Section 6. That the Santa Clara County Registrar of Voters and the Santa Clara County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on March 3, 2020, within the District, and pursuant to Elections Code Section 10403, the District acknowledges that the consolidation election will be held and conducted in the manner described in Election Code Section 10418.
Section 7. That this Resolution shall stand as the “order of election” to the Santa Clara County Registrar of Voters to call an election within the boundaries of the District on March 3, 2020.
Section 8. That the Secretary of the Board is hereby directed to send a certified copy of this Resolution to the Santa Clara County Registrar of Voters no later than December 6, 2019.
Section 9. That the bonds shall be issued pursuant to Education Code Section 15300 et seq. or issued pursuant to Government Code Section 53506. The maximum rate of interest on any bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531. The Board approves the filing of a Tax Rate Statement and primary and rebuttal arguments, as appropriate, and directs their publication in accordance with the requirements of the Elections Code.
Section 10. That the Board requests the governing body of any such other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such election and to further provide that the canvass be made by any body or official authorized by law to canvass the returns of the election, and that the Board consents to such consolidation.
Section 11. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Santa Clara County Board of Supervisors is requested to permit the Santa Clara County Registrar of Voters to render all services specified by Elections Code Section 10418, for which services the District agrees to reimburse Santa Clara County for such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.
ADOPTED, SIGNED AND APPROVED this 25th day of November, 2019.
BOARD OF TRUSTEES OF THE FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT