Measure G Full Ballot Language

OHLONE COMMUNITY COLLEGE DISTRICT

RESOLUTION NO. 3/10-11

RESOLUTION OF THE BOARD OF TRUSTEES OF THE OHLONE COMMUNITY COLLEGE DISTRICT ORDERING AN ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER
WHEREAS, Ohlone College provides essential job training, re-training and workforce preparation for students of all ages; and

WHEREAS, in today’s tough economic times and competitive job environment, Ohlone College should continue offering local residents accessible, affordable training and education in the nursing, health sciences, biotechnology, and solar and clean energy technology fields; and

WHEREAS, The costs to attend a State or U-C college in California continue to increase and are as much as 10 times more expensive than Ohlone College; and

WHEREAS, with fewer and fewer students able to afford the State and U-C systems, Ohlone College ensures that the Tri-City community has high quality, affordable college options for students transferring to these four-year college systems; and

WHEREAS, Due to the recession, demands for Ohlone College’s affordable classes are at an all-time high, but the College has had to turn away hundreds of students, and classes are overflowing while budget cuts have forced a 50% reduction in the number of summer school classes; and

WHEREAS, many Ohlone College classrooms are outdated and simply do not meet today’s health and earthquake safety requirements, and the Board has determined that upgrading and replacing aging classrooms, buildings, laboratories for earthquake safety; providing up-to-date computer technology for classrooms; installing fire safety equipment; improving electrical, lighting, ventilation, fire detection systems in existing classrooms to increase energy efficiency and reduce costs; ensuring access for disabled students; repairing aging plumbing systems to prevent leaking and water damage and reduce future maintenance expenses; and improving college buildings to provide students with more affordable course options are among the highest priorities of Ohlone College; and

WHEREAS, the Board of Trustees (the “Board”) has determined that certain college classrooms, buildings, properties and facilities within the Ohlone Community College District (the “District”) need to be maintained, acquired, constructed, improved, furnished and equipped to enable Ohlone College and its local education center in Newark, to provide affordable, local higher education; and
WHEREAS, since Ohlone College serves a growing population, and due to the age and condition of many of the District’s outdated college buildings, the District must continue to maintain and expand its facilities to increase opportunities for local students to earn college credits, certifications, and career/job training skills at a reasonable price with skills that support a middle-class salary; and

WHEREAS, notwithstanding concerted and ongoing efforts by the District to obtain sufficient money from the State of California (the “State”), the State has been unable to provide the District with enough money for the District to adequately maintain and enhance Ohlone College and its education centers for students; and

WHEREAS, if the District passed a local general obligation, the Board anticipates that Ohlone College would be eligible for over $100 million of additional State matching funds for Ohlone College education improvements; and

WHEREAS, after much consideration, discussion and public input and outreach, the Board has approved the Ohlone College 15 Year Facilities Master Plan (the “Master Plan”) which sets forth not only the long range strategy plans for Ohlone College, but also prioritizes its most immediate and critical project needs; and

WHEREAS, as the Board identifies critical need school improvements to be funded with a local general obligation bond, the Board intends to consider incorporating into each such project, regardless of whether it is a new construction or a repair and upgrade project Leadership in Energy and Environmental Design (“LEED”) environmental and sustainability criteria to the extent feasible, such as improving student performance and staff health through daylighting, use of non toxic-emitting materials and sound insulation or isolation to minimize noise and enhance acoustical quality in the classroom; reduce operating cost, through energy and water efficiency; and minimize the impact of District operations on the environment, through, for example, the installation of purchase of renewable energy resources; and

WHEREAS, in the judgment of the Board, it is advisable to provide additional funding for such facility, technology and basic infrastructure repairs as described in the Master Plan by means of a general obligation bond; and

WHEREAS, Proposition 46, approved by the voters of the State of California on June 3, 1986 (“Proposition 46”), amended Section 1(b) of Article XIIIA of the California Constitution by adding a provision which exempts from the 1% of full cash value limitation, those ad valorem taxes used to pay for debt service of any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by voters voting on the proposition; 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 desires to authorize the submission of a proposition to the District’s voters at an election to authorize the issuance of bonds to pay for essential improvements to the District’s educational facilities; 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 enforced 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, Section 9400 et seq. of the Elections Code of the State of California (the “Elections Code”) requires that a tax rate statement be contained in all official materials relating to the election, including any ballot pamphlet prepared, sponsored, or distributed by the District; and

WHEREAS, the Board desires to authorize the filing of a ballot argument in favor of the proposition to be submitted to the voters at the election; and

WHEREAS, pursuant to the California Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on November 2, 2010, and to request that the Alameda County Registrar of Voters perform certain election services for the District; and

NOW THEREFORE, THE BOARD OF TRUSTEES OF THE OHLONE COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the Board, pursuant to Education Code Sections 15100 et seq., 15264 et seq. and Government Code Section 53506, hereby requests the Alameda County Registrar of Voters to conduct 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 not to exceed $349 million (the “Bonds”) shall be issued and sold to raise money for the projects described in Exhibits “A” and “B” hereto. Both exhibits are directed to be printed in the voter sample ballot pamphlet.

Section 2. That the date of the election shall be November 2, 2010.

Section 3

(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 teacher or administrator salaries or other college operating expenses; . 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” and “B” are subject to the following requirements and determinations:

(b) that the Board, in establishing the projects set forth in Exhibit “B,” evaluated safety, class size reduction, class size and offerings, and information technology needs of the District;

(c) that the Board will cause to be conducted an annual, independent performance audit to ensure that the Bond moneys are expended for the projects identified in Exhibit “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 Bond proceeds have been expended;

(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; 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. and 15264 et seq. and Government Code Section 53506.

Section 5. That the authority for the specifications of this election order is contained in Section 5322 of the Education Code.

Section 6. That the Alameda County Registrar of Voters and the Alameda County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 2, 2010 within the District.

Section 7. That this Resolution shall stand as the “order of election” to the Alameda County Registrar of Voters to call an election within the boundaries of the District on November 2, 2010.

Section 8. That the Secretary of the Board is hereby directed to deliver an original or a certified copy of this Resolution to the Alameda County Registrar of Voters no later than August 6, 2010.

Section 9. That any Bonds issued pursuant to Section 15264 et seq. of the Education Code shall have a maturity not exceeding twenty-five (25) years, and Bonds issued pursuant to Section 53506 of the Government Code shall have maturity not exceeding forty (40) years. The maximum interest rate on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531.

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 Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of Alameda County is requested to permit the Registrar of Voters of Alameda County to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the District agrees to reimburse the County, 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 Section 9401 of the Elections Code) pursuant to the terms of Section 5363 of the Education Code and Section 12112 of the Elections Code.

EXHIBIT A

OHLONE COLLEGE JOB TRAINING/QUALITY EDUCATION LOCAL BOND

To improve and continue affordable college education, job training/workforce preparation by constructing/acquiring equipment/sites/facilities and making repairs/upgrades, including:

• Renovating classrooms/science laboratories,
• Acquiring up-to-date classroom technology,
• Upgrading for earthquake/fire safety, and
• Improving disabled access,

shall Ohlone Community College District issue $349,000,000 of bonds, at legal rates with all funds spent locally, independent citizens’ oversight, annual audits, no money for administrators’ salaries or Sacramento?

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE OHLONE COMMUNITY COLLEGE DISTRICT
BOND MEASURE ELECTION NOVEMBER 4, 2010

OHLONE COLLEGE JOB TRAINING/QUALITY EDUCATION LOCAL BOND

To improve and continue affordable college education, job training/workforce preparation by constructing/acquiring equipment/sites/facilities and making repairs/upgrades, including:

• Renovating classrooms/science laboratories,
• Acquiring up-to-date classroom technology,
• Upgrading for earthquake/fire safety, and
• Improving disabled access,

shall Ohlone Community College District issue $349,000,000 of bonds, at legal rates with all funds spent locally, independent citizens’ oversight, annual audits, no money for administrators’ salaries or Sacramento?

PROJECTS

The Board of Trustees of the Ohlone Community College District, to be responsive to the needs of students and the community, evaluated the District’s urgent and critical educational needs, including completing essential repairs to aging classrooms and college buildings to today’s health and earthquake safety requirements, and providing sufficient classrooms and science labs to offer more job training and workforce development courses and programs to students, facility maintenance, safety and security issues, class size reduction, class size and offerings in key disciplines such as nursing, health sciences, biotechnology, solar and clean technology fields, and information and computer technology, in developing the scope of projects to be funded, as outlined in the Ohlone College 15 Year Master Facilities Plan, approval by the Board of Trustees on June 16, 2010, incorporated herein by reference in its entirety. In developing the scope of projects, the faculty, staff and students have prioritized the key health and safety needs so that the most critical needs and the most urgent and basic needs and infrastructure repairs are addressed consistent with community and District priorities. The Board conducted comprehensive evaluations and considered community and District priorities and perspectives in developing the scope of college projects to be funded, as listed in the 15 Year Master Facilities Plan. The Board, faculty and community leaders concluded that if these needs were not addressed now, the problem will only become more pressing and expensive. In implementing the 15 Year Master Facilities Plan, the Board of Trustees determines that Ohlone College must:

• Upgrade earthquake safety for campus facilities and classrooms.
• Acquire up-to-date technology for classrooms.
• Make repairs to aging plumbing system to prevent flooding and water damage and reduce future maintenance.
• Improve access for the disabled.
• Install and repair fire safety equipment including alarms, smoke detectors, sprinklers, emergency lighting, and fire safety doors.
• Repair and renovate classrooms and facilities that lack adequate plumbing, heating, air conditioning, ventilation or electrical systems.
• Upgrade utility infrastructure such as electric, sewer, and gas systems – to improve energy efficiency and reduce energy costs.

The 15 Year Master Facilities Plan is on file and available for review at the District President/Superintendent’s Office and on-line and includes the type of projects listed below.

Ohlone College Repair Projects To Provide Affordable Access for Transferring Students

Goal and Purpose

• Replace existing plumbing and sewer systems to prevent flooding and water damage and reduce future maintenance costs. : Since the costs to attend a State or UC college in California continue to increase and are as much as 10 times more expensive than Ohlone College, and with fewer and fewer students able to afford the State or UC systems, upgrading Ohlone College will make sure that the Tri-City community has high quality, affordable college options for student transferring to four-year colleges:
• Repair and renovate classrooms and facilities that lack adequate heating, ventilation, air conditioning, electrical and lighting systems.
• Upgrade utility infrastructure such as electric, sewer and gas systems to improve energy efficiency and reduce energy costs.
• Repair, upgrade and replace worn-out roofs.
• Repair aging classrooms.
• Replace existing wiring systems to meet current electrical and accessibility codes and increase capacity.
• Install additional electrical service capacity to improve computer technology and Internet access.
• Upgrade, retrofit and equip classrooms, facilities, and educational support spaces.

Job Training – Health and Technology Projects

Goal and Purpose

Ohlone College provides essential job training and workforce preparation for students of all ages. In today’s economic times, these projects will allow Ohlone College to continue offering local residents training and education in the nursing, health sciences, biotechnology, and solar and clean energy technology fields:

• Upgrade earthquake safety for campus facilities and classrooms.
• Provide and maintain up-to-date technology, data and communication equipment.
• Expand bandwidth to allow students greater access to the Internet.
• Upgrade and expand telecommunications, Internet and network connections.
• Upgrade and replace computers, hardware and software systems.
• Upgrade and replace classroom instructional equipment.
• Upgrade existing science building complex.
• Replace or upgrade outdated electrical systems.
• Upgrade library technology, internet access and research tools.

Meeting the Demand for Affordable Access to Higher Education – Energy Efficiency and School Health and Safety Projects

Goal and Purpose:

Due to the recession, demands for Ohlone College’s affordable classes are at an all-time high. Hundreds of students have been turned away because classes are overflowing. At the same time, budget cuts have forced a 50 percent reduction in the number of summer school classes. These projects will help meet current and future demands for affordable, accessible quality education by increasing Ohlone’s enrollment capacity by 25 percent:

Energy Efficiency Returns Savings to the Classroom
• Install energy efficient systems, including solar power systems, to reduce energy/utility costs and return savings to educational programs.
• Replace existing window systems with energy efficient systems to reduce costs.
• Replace outdated heating and ventilation systems.
• Improve insulation, weather proofing and roofs to reduce costs.
• Improve access for the disabled.

Student Safety
• Install and repair fire safety equipment, including alarms, smoke detectors, sprinklers, emergency lighting, and fire safety doors.
• Inspect for/repair gas pipe leaks, replace broken concrete walks, deteriorated asphalt.
• Replace/upgrade existing signage, bells and clocks.
• Install new security systems, such as security (surveillance) cameras, outdoor lighting, fencing, gates and classroom door locks.
• Replace sewer lines and improve drainage systems to prevent flooding.
• Upgrade school site parking, utilities and grounds.

The listed projects will be completed as needed. Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/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, 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, repair, renovation and construction projects may include, but not be limited to, some or all of the following: renovation of student and staff restrooms; landscaping; 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; removal of outdated buildings and construction of new classrooms and support buildings; renovation of locker rooms; installation wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; repair and replacement of fire alarms, emergency communications and security systems; upgrading, resurfacing, replacing or relocating of hard courts, fields, turf and irrigation systems; construct or renovate athletic facilities, field lighting, gym/pool; upgrade classrooms; construct new parking lots or facilities; repair, upgrade and install interior and exterior lighting systems; replace water and sewer lines and other plumbing system; replace outdated 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, 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. Some projects may be undertaken as joint use projects in cooperation with other local public or non-profit agencies. The budget for each project is an estimate and may be affected by factors beyond the District’s control. 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.

NO ADMINISTRATOR SALARIES. PROCEEDS FROM THE SALE OF THE BONDS AUTHORIZED BY THIS PROPOSITION SHALL BE USED ONLY FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, OR REPLACEMENT OF SCHOOL FACILITIES, INCLUDING THE FURNISHING AND EQUIPPING OF SCHOOL FACILITIES, AND NOT FOR ANY OTHER PURPOSE, INCLUDING TEACHER AND COLLEGE ADMINISTRATOR SALARIES, PENSIONS AND OTHER OPERATING EXPENSES.

FISCAL ACCOUNTABILITY. THE EXPENDITURE OF BOND MONEY ON THESE PROJECTS IS SUBJECT TO STRINGENT FINANCIAL ACCOUNTABILITY REQUIREMENTS. BY LAW, PERFORMANCE AND FINANCIAL AUDITS WILL BE PERFORMED ANNUALLY, AND ALL BOND EXPENDITURES WILL BE MONITORED BY AN INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE TO ENSURE THAT FUNDS ARE SPENT AS PROMISED AND SPECIFIED. THE CITIZENS’ OVERSIGHT COMMITTEE MUST INCLUDE, AMONG OTHERS, REPRESENTATION OF A BONA FIDE TAXPAYERS ASSOCIATION, A BUSINESS ORGANIZATION AND A SENIOR CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS’ OVERSIGHT COMMITTEE.