Vote Yes on Kern County Measure J - 2016 general Election
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  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Commentary on Measure J

Are you sure you want vote to support this extravagant measure? It has no accountability.

This campaign was designed by a member of the school bonds cartel. We figured out just the right words to get you to you to open up your checkbook.

We'd also like to introduce you to our partners -- bond lawyers, brokers, wealthy investors, architects, management firms, construction companies, and trade unions. We all stand to make a ton of money on these bonds. Our profits come right off the top, before a penny is actually spent on improving the facilities.

We're not just doing it for the money. We like to show off our work in Architectural Digest and other places where the rich and famous congregate.

Remember, we've taken a lot of risk. We gave money to get your governing board members elected, so they'd be sure to remember us when we came around for a hand-out later.

It's just business-as-usual, here in sunny Corruptifornia.

Please don't read the fine print. That's just put in by the lawyers to make what we're going to do to for you legal.

When you see highlighting in the documents below, it to see the commentary.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure J Question

Kern Community College District Measure
Measure J

BAKERSFIELD, PORTERVILLE/ CERRO COSO/ COLLEGES AFFORDABILITY/ CLASSROOM REPAIR/ JOB TRAINING MEASURE. To upgrade classrooms to prepare students/veterans for good-paying jobs/ university transfer by updating labs/classrooms for nursing, welding, construction/high-tech job training, repairing deteriorating gas, electrical/ sewer lines, , improving water conservation, ensuring access for disabled, including , repairing, constructing/ acquiring facilities, sites/ equipment, shall Kern Community College District issue $502,821,000 in bonds at legal rates, funds spent locally, with citizen oversight/independent audits?

BONDS YES
BONDS NO

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Impartial Analysis for Measure J

PR-9010-IA-1

BOND MEASURE J
KERN COMMUNITY COLLEGE DISTRICT
FACILITIES IMPROVEMENT DISTRICT NO. 1

IMPARTIAL ANALYSIS OF BOND MEASURE J

This Impartial Analysis of Bond Measure J has been prepared by County Counsel for Kern County pursuant to Section 9500 of the California Elections Code.

The Board of Trustees of the Kern Community College District ("District") placed Bond Measure J on the ballot. A "Yes" vote by at least fifty-five percent (55%) of the voters voting on this measure in Kern County, San Bernardino County, and Tulare County will authorize the District to issue bonds to benefit the Kern Community College District Facilities Improvement District No. 1 ("Improvement District"), which is made up of all District territory located in Kern, San Bernardino, and Tulare Counties. The aggregate principal amount of the bonds will be five hundred two million, eight hundred twenty-one thousand dollars ($502,821,000).

The bond proceeds may only be used to fund the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities. The measure lists the specific projects for which the proceeds will be used. The proceeds may not be used for any other purposes, including teacher and administrator salaries and other school operating expenses.

The Board of Trustees will conduct financial and performance audits annually and will appoint a citizens' oversight committee to ensure that bond proceeds are spent only on the school facilities projects listed in the measure.

The bonded debt will be a general obligation of the District and will be financed by property taxes levied annually on taxable property located within the improvement District in an amount necessary to pay the annual debt obligation. The District's Tax Rate Statement provides an estimate of the tax rates that will be required to fund the bonds issued.

Tulare County

KERN COMMUNITY COLLEGE DISTRICT

IMPARTIAL ANALYSIS BY TULARE COUNTY COUNSEL
BOND MEASURE J

Education Code section 15300 et seq. authorizes the formation of a school facilities improvement district consisting of a portion of the territory within a community college district. The purpose of a school facilities improvement district is to finance projects within a territory smaller than the entire community college district, through taxes levied exclusively upon the lands in the proposed school facilities improvement district.

The Board of Trustees of the Kern Community College District ("District") has created Kern Community College District Facilities Improvement District No. 1 ("Improvement Dist. No. 1"), consisting solely of the territory of the District located in Kern County, San Bernardino County, and Tulare County (i.e., excluding the territory of the District located in Mono County and Inyo County). The District has placed Measure J on the ballot. A "Yes" vote by at least fifty-five percent (55%) of the voters voting on this measure will authorize the District to issue bonds to benefit the area within Improvement District No. 1 in the amount of $502,821,000.

The District resolution states that the funds collected in each county will be used only to improve facilities located in that county (in Tulare County, this means Porterville College), unless more is collected than is needed for those improvements, as determined by the District.

The bond proceeds may only be used to fund the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities. The measure lists the specific projects for which the proceeds will be used. The proceeds may not be used for any other purposes, including teacher or administrator salaries or other school operating expenses.

The Board of Trustees will conduct financial and performance audits annually and will appoint a citizens' oversight committee to ensure that bond proceeds are spent only on the school facilities projects listed in the measure.

The bonded debt will be a general obligation of Improvement District No. 1 and will be financed by property taxes levied annually on taxable property located within Improvement District No. 1 in an amount necessary to pay the annual debt obligation. The District's Tax Rate Statement provides an estimate of the tax rates that will be required to fund the bonds issued.

This bond measure makes no change to existing law. The electors entitled to vote on this measure are the registered voters within the boundaries of Improvement District No. 1. If the measure is not approved by at least 55 percent of the votes cast, the measure will fail and the bonds will not be issued.

KATHLEEN BALES-LANGE
TULARE COUNTY COUNSEL
s/ Barbara Booth Grunwald
Deputy County Counsel

THIS PAGE IS INTENTIONALLY LEFT BLANK
54-21 ENG

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Argument in Favor of Measure J

PR-9010-AF-1

ARGUMENT IN FAVOR OF BOND MEASURE J

This Argument in Favor of Bond Measure J was submitted pursuant to Section 9501 of the California Elections Code. It is the opinion of the author(s), and has been printed exactly as submitted.

IT'S SIMPLE. Our local community colleges, Bakersfield College, Cerro Coso Community College, and Porterville College, are essential to our economy and are a critical stepping stone to good-paying jobs and universities. VOTE YES on J.

VOTE YES ON J – MAINTAIN QUALITY JOB TRAINING LOCALLY

In today's economy, good-paying jobs require specialized training and education.

YES on J will upgrade vocational education programs at Bakersfield College, Cerro Coso Community College, and Porterville College so students can learn the skills they need to get a job in today's competitive economy.

YES on J will ensure our Community Colleges can provide quality job training in fields such as nursing, healthcare, technology, welding, construction, agriculture, law enforcement, and firefighting.

VOTE YES ON J – COLLEGE EDUCATION SHOULDN'T BREAK THE BANK

Because UCs and State Colleges are expensive, more and more students, military veterans, and their families are relying on Bakersfield College, Cerro Coso Community College, and Porterville College for affordable education.

YES on J will upgrade our Community Colleges to ensure local students can continue to earn college credits, certifications, and job skills at a reasonable price.

VOTE YES ON J – SUPPORT VETERANS

Bakersfield College, Cerro Coso Community College, and Porterville College have served thousands of military veterans, many of whom face challenges including posttraumatic stress disorder and permanent disability.

YES on J will upgrade veteran services at our Community Colleges so returning veterans receive the support they need to complete their education and reenter the civilian workforce.

YES ON J IS ENDORSED BY THE

Join local employers, community leaders, Kern County Taxpayers Association, and the Greater Bakersfield Chamber of Commerce Board in voting YES on J to keep college education affordable and upgrade facilities for quality vocational and transfer education for local students, workers and returning veterans.

s/ Michael Turnipseed
Taxpayer Advocate

s/ Milt Stowe
Mayor, Chair PC Foundation

s/ Jazmin Robles
Arvin H.S. Teacher/Arvin City Councilmember

s/ Michael Cash
Founder CEO Operation Family Fund

s/ John P. Lake
Businessman/Co-Founder Kern Citizens for Sustainable Government

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Argument Against Measure J

ARGUMENT AGAINST BOND MEASURE J

No Argument Against Bond Measure J was filed.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Full Text of Measure J

PR-9010-FT-1

FULL TEXT FOR BOND MEASURE J

"BAKERSFIELD, PORTERVILLE/ CERRO COSO COLLEGES AFFORDABILITY/ CLASSROOM REPAIR/ JOB TRAINING MEASURE. To upgrade classrooms to prepare students/ veterans for good-paying jobs/ university transfer, by updating labs/classrooms for nursing, welding, construction/ high-tech job training, repairing deteriorating gas, electrical/ sewer lines, leaky roofs, improving water conservation, ensuring access for disabled, including veterans, repairing, constructing/ acquiring facilities, sites/ equipment, shall Kern Community College District issue $502,821,000 in bonds at legal rates, funds spent locally, with citizens oversight/independent audits?"

Bonds – Yes Bonds – No

PROJECTS

The Board of Trustees of the Kern Community College District, to be responsive to the needs of its community, evaluated each of Bakersfield College's, Cerro Coso Community College's and Porterville College's urgent and critical facility needs, and its capacity to provide students, active military, and Veterans with support and job training facilities, an affordable education and prepare them for success in college and good-paying jobs. Job training facilities, safety issues, class size and offerings, and information and computer technology were each considered in developing the scope of projects to be funded, as such are outlined in the District's Facilities Master Plans for each of the Colleges and for the District, incorporated herein by reference in their entirety (the "Master Plan"), and available for review on the District's website (www.kccd.edu). In developing the scope of projects, basic repairs, job training facilities, facilities supporting Veterans, water conservation, access for persons with disabilities, and the expansion of opportunities for local students to receive an affordable, quality education, were prioritized. If these facility needs are not addressed now, the Colleges' would be unable to remain competitive in preparing students for jobs in high demand industries and university transfer. The Board of Trustees determines that Bakersfield College, Cerro Coso Community College and Porterville College MUST:

  1. (i) Better prepare returning Veterans for good-paying jobs;
  2. (ii) Expand essential job training and workforce preparation for students of all ages and local residents who need real-world skills to compete for good-paying local jobs;
  3. (iii) Ensure opportunities for local students to earn college credits, certifications and job skills at a reasonable price;
  4. (iv) Provide local students with an affordable, low-cost, high-quality education;
  5. (v) Adhere to stringent fiscal accountability safeguards, including that all funds will be subject to local control.

PR-9010-FT-2

The following types of projects are authorized to be undertaken at Bakersfield College, Cerro Coso Community College and Porterville College and at other District facilities, located only in Kern, Tulare and San Bernardino counties.

PROVIDE JOB TRAINING TO LOCAL RESIDENTS AND VETERANS:

Facility Improvements To Help Students and Veterans
Be Trained For Good-Paying Jobs

Goals and Purposes: Students who do not go to a four-year college need a vocational education that provides the job training, technical knowledge, and specialized skills to compete for good-paying jobs. This bond measure will allow our local community colleges to upgrade vocational education programs so students and returning veterans can train and learn the skills they need to get a job in a competitive global economy.

Not everyone chooses to attend a four-year university. This measure will ensure that Bakersfield, Cerro Coso Community and Porterville Colleges can continue to provide quality, affordable career education programs for those students who choose not to go on to a 4-year college, but need real-world skills and vocational training to compete for local jobs.

Bakersfield College, Cerro Coso Community College and Porterville College have served thousands of military veterans, many of whom have recently returned from war zones and face challenges including post-traumatic stress disorder and permanent disability. Upgraded and expanded veteran services and job training are needed so returning Service Members receive the support they need to complete their education and enter the civilian workforce.

  •  Upgrade career and vocational classrooms to better prepare Veterans, students and workers for good-paying jobs.
  •  Provide a science, technology, engineering center for instruction in high-tech fields.
  •  Provide job and career pathway facilities and programs in growing fields like nursing, welding and construction.
  •  Improve and expand facilities which prepare students for transfer to four-year college and universities.
  •  Because of the changing economy, upgrade classrooms and labs to provide students with access to latest advances in computers and technology.

PROVIDING AN AFFORDABLE EDUCATION
FOR LOCAL RESIDENTS AND VETERANS:

Basic Repair Projects Needed To Make
Bakersfield College, Cerro Coso Community College and Porterville College
Safer Places to Learn

Goals and Purposes: The cost to attend California's public universities has risen to at least six times that of attending a community college. As a result, more local students and their families rely on Bakersfield College, Cerro Coso Community College and Porterville College for affordable education. This measure ensures opportunities for local students to earn college credits, certifications, and job skills at a reasonable price.

PR-9010-FT-3

Many of our buildings, classrooms, and science labs were built over 60-years ago and they, as well as job training equipment are deteriorating, run down and in need of repair. This measure will address urgent and basic repairs such as upgrading electrical wiring, gas and sewer lines, fixing leaky roofs, repairing bathrooms, and replacing outdated plumbing and wiring to make our local college clean and safe for learning.

  •  Replace outdated electrical wiring.
  •  Repair deteriorating gas, electrical, and sewer lines and leaky roofs.
  •  Improve water conservation.
  •  Update campus facilities to improve accessibility for people with disabilities.
  •  Remove asbestos and lead paint.
  •  Improve campus safety.

* * *

The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, staff training expenses, a customary contingency, and costs associated with the Total Cost of Ownership of facilities and equipment. In addition to the listed projects stated above, authorized projects also include the acquisition of a variety of instructional, maintenance and operational equipment, including interim funding incurred to advance fund projects from payment of the costs of preparation of all facility planning, fiscal reporting, 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 college activities caused by construction projects. In addition to the projects listed above, repair, renovation and construction projects include the following: renovation of student and staff restrooms; replace aging electrical and plumbing systems; repair and replacement of heating, ventilation and air conditioning systems; acquire vehicles; upgrade of facilities for energy efficiencies, including photovoltaic/solar installations and energy management systems; repair and replacement of worn-out and leaky roofs, windows, walls, doors and drinking fountains; replace or remove outdated buildings and classrooms and construction of new classrooms and support buildings; installation of wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrade facilities to meet current environmental sustainability and State compliance standards; repair and replacement of fire alarms, emergency communications and security systems; upgrading, resurfacing, replacing or relocating of hard courts, fields, turf and irrigation systems; install artificial turf on athletic fields; upgrade classrooms; build or upgrade facilities and classrooms, including for math, physical sciences, fine arts, theatre arts, student services and agriculture and environmental science programs, planetarium; construct, expand or reconfigure facilities to create large lecture classrooms; upgrade, resurfacing and reconditioning existing parking lots or build parking structures; repair, upgrade and install interior and exterior lighting systems; replace water lines and valves, sewer lines and other plumbing systems; construct, upgrade, acquire or expand multi-use classrooms and labs, culinary and health services buildings, fine arts and visual and performing arts facilities, learning resources center, physical education/aquatic facilities, locker rooms, field lights, bleachers, press box, track replacement, administrative offices, conference center, maintenance and operations building, student service/campus center and instructional buildings, trades PR-9010-FT-4 and technology buildings, library, athletic fields, student services buildings; improve water conservation and energy efficiency; replace or upgrade outdated security and safety systems; replace existing window systems with energy-efficient systems to reduce costs; improve insulation, weatherproofing and roofs to reduce costs; improve access for the disabled; install and repair fire safety equipment, including alarms, smoke detectors, sprinklers, emergency lighting, and fire safety doors; replace broken concrete walks, deteriorated asphalt; replace/upgrade existing signage, bells and clocks; demolition of unsafe facilities; install new security systems, such as security (surveillance) cameras, burglar alarms, handrails, outdoor lighting, fencing, gates and classroom door locks and door hardware; replace sewer lines and improve drainage systems to prevent flooding; upgrade roadway and pedestrian paths for improved safety and access for emergency vehicles, site parking, utilities and grounds. The upgrading of technology infrastructure includes, but is not limited to, upgrading classroom technology, the funding of state-of-the-art projectors, computers, portable interface devices, servers, switches, routers, modules, sound projection systems, information systems, printers, digital white boards, upgrade voice-over-IP, communication systems, audio/visual and telecommunications systems, WAN, LAN and SAN updates, call manager and network security/firewall, Internet connectivity, wireless systems, technology infrastructure, and other miscellaneous IT and instructional equipment, DATA storage, fiber/copper infrastructure, phones, identity access cards and management information systems. At Bakersfield College, the Project List also includes the construction, expansion or improvement of a student access center (student union), an agriculture center, science and engineering building, woman's field house, Veteran Resource Center, fire technology and public safety center and outreach facilities at Arvin/Lamont/Greenfield and Shafter. At Cerro Coso Community College, the Project List also includes the construction, expansion or improvement of the main building, KRV remodel, IT building, athletic facility upgrades, ADA compliance, new classrooms, field house and Southern outreach facility in California City. At Porterville College, the Project List also includes the construction, expansion or improvement of an allied health facility, a career technology building, fine arts building, student and Veteran Center, student services building modernization, campus center, human performance and kinesiology center and updating maintenance and operation facilities.

The allocation of bond proceeds shall be as follows: (a)(1) all funds in a county that has a facility determined to need improvement by the Board shall be entitled to 100% of the funds of that county up to the amount of the needed improvements as determined by the Board; (2) all funds collected in a county that has two or more facilities determined to need improvement by the Board shall be entitled to 100% of the funds of that county up to the amount of the needed improvements as determined by the Board; and (b) all funds collected in any county which has no facility, and/or any funds remaining from the distribution formula in subsection (a) above, shall be distributed by the Board to any facility determined by the Board to need funding. 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 PR-9010-FT-5 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. when performing work on or 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.

* * *

FISCAL ACCOUNTABILITY

This bond measure has strict accountability requirements including:

1. All money will benefit Bakersfield College, Cerro Coso Community College and Porterville College campuses and CANNOT BE TAKEN BY THE STATE.

2. NO MONEY can be used for ADMINSTRATOR SALARIES or pensions.

3. Require CITIZENS' OVERSIGHT and yearly audits to ensure all funds are used locally, effectively and as promised.

4. 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, faculty and college administrator salaries, pensions and other operating expenses.

5. 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 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.

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Measure J Tax Rate Statement

PR-9010-TR-1

TAX RATE STATEMENT FOR BOND MEASURE J

An election will be held in Kern Community College District (the "District") on November 8, 2016 to authorize the sale of $502,821,000 in general obligation bonds. The following information is submitted in compliance with Sections 9400-9404 of the California Elections Code.

1. The best estimate of the tax rate that would be required to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.02438 per $100 ($24.38 per $100,000) of assessed valuation in fiscal year 2017-18.

2. The best estimate of the tax rate that would be required to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.02438 per $100 ($24.38 per $100,000) of assessed valuation in fiscal year 2033-34.

3. The best estimate of the highest tax rate that would be required to fund this bond issue, based on estimated assessed valuations available at the time of filing this statement, is $0.02438 per $100 ($24.38 per $100,000) of assessed valuation.

4. The best estimate of the average tax rate required to fund this bond issue, based on a projection of assessed valuations available at the time of filing of this statement, is $0.02438 per $100 ($24.38 per $100,000) of assessed valuation.

5. The best estimate of the total debt service, including principal and interest that would be required to be repaid if all the bonds are issued and sold is $536,807,464.

These estimates are based on projections derived from information obtained from official sources. The actual tax rates and the years in which they will apply may vary depending on the timing of bond sales, the amount of bonds sold at each sale and actual increases in assessed valuations. The timing of the bond sales and the amount of bonds sold at any given time will be determined by the needs of the District. Actual assessed valuations 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: 8-15-2016
s/ Thomas Burke
Chief Financial Officer
Kern Community College District

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Measure J Agenda Description

Agenda of July 14, 2016 (complete item)

Agenda Item Details

Meeting
Jul 14, 2016 - Board of Trustees Regular Meeting
Category
(Business Services --- Approval) The Business Services items listed below are recommended for approval to authorize the Chancellor or Chief Financial Officer to execute agreements to procure construction services above $45,000 or to procure goods and services other than construction services above $50,000, in accordance with Board Policy 3A9A. All amounts designated are not to exceed the specified amount unless otherwise noted.
Subject
Adoption of a Resolution of the Board of Trustees of the Kern Community College District acting as the legislative body of the Kern Community College District Facilities Improvement District No. 1 Ordering an Election, and Establishing Specifications of the Election Order.
Type
Action
Preferred Date
Jul 14, 2016
Absolute Date
Jul 14, 2016
Recommended Action
That the Board approve Resolution authorizing a bond election for November 8, 2016.


                                                                                                                    

The Board has previously formed the Kern Community College District Facilities Improvement District No. 1 encompassing all the territory of the District located in Kern, San Bernardino, Inyo and Tulare Counties (the “Improvement District.”)  The resolution before the Board calls an election within the Improvement District for the purpose of approving general obligation bonds, requests that the Registrars of Voters for each of Kern, Inyo, San Bernardino and Tulare Counties conduct the election on behalf of the District, and authorizes the preparation of election materials, including ballot arguments and tax rate statements, to be included in the ballot pamphlet.

 

State law requires the Board of Trustees to order community college district bond elections.  Each Registrar of Voters will conduct the election on behalf of the District, including publishing all required notices.  This resolution meets the statutory requirements for describing the projects to be funded with the proceeds of the bonds, which is included as Exhibit B to the resolution.  A 75-word summary of the measure, as it will appear on the ballot, is also included in the resolution as Exhibit A.  The resolution also authorizes the preparation and filing of a tax rate statement, which must be included in the ballot pamphlet and describes the anticipated rates of tax throughout the life of the bond issue.  The resolution also authorizes, but does not commit, the Board and/or individual members of the Board to prepare and sponsor a ballot argument in support of the bond measure.  No more than five (5) persons may sign the ballot argument.

 

This election will be called under constitutional and statutory provisions that require fifty-five percent (55%) voter approval, and certain accountability requirements, including annual independent financial and performance audits of how funds are spent, and the formation of a Citizens’ Bond Oversight Committee.  Following adoption, the resolution (including the signed tax rate statement) must be delivered to the Registrars of Voters and the Boards of Supervisors for each Kern, Inyo, San Bernardino, and Tulare Counties.  State law requires that 2/3rd of a school board support the resolution calling an election requiring 55% voter approval.  At least five (5) Board members must vote “Yes” in order to call the election.

 

Recommended Action:  That the Board approve Resolution authorizing a bond election for November 8, 2016. 

 

 

 

 

 

 

 




Motion & Voting

That the Board approve Resolution authorizing a bond election for November 8, 2016.

Motion by Kay S Meek, second by Mark Storch.
Final Resolution: Motion Carries
Ayes: Dennis L Beebe, Kay S Meek, Mark Storch, Romeo Agbalog, Kyle W Carter, John S Corkins, Richard Wright

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Measure J Resolution

Amended to Elections Office
07/26/16

RESOLUTION NO. 13

RESOLUTION OF THE BOARD OF TRUSTEES OF THE KERN
COMMUNITY COLLEGE DISTRICT ACTING AS THE
LEGISLATIVE BODY OF THE KERN COMMUNITY COLLEGE
DISTRICT FACILITIES IMPROVEMENT DISTRICT NO. 1
ORDERING AN ELECTION, AND ESTABLISHING
SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") of the Kern Community College District (the "District"), comprised of Bakersfield College, Cerro Coso Community College and Porterville College, has determined that certain educational facilities need to be upgraded, constructed, renovated, acquired and equipped, in a fiscally prudent manner, to enable the District to maintain each of Bakersfield College, Cerro Coso Community College and Porterville College as valuable community resources that provide an affordable education to local students and veterans who desire to learn job skills and transfer to four-year universities; and

WHEREAS, since the costs of attending California's public universities has risen to at least six times that of attending a community college, more local students are relying on community colleges, such as Bakersfield College, Cerro Coso Community College and Porterville College, and the high quality, affordable college options they each provide; and

WHEREAS, in today's tough economic times and competitive job environment, the District must continue providing important training and education for local residents entering the workforce for new professions and increase opportunities for local students to earn college credits, certifications and job skills at a reasonable price; and

WHEREAS, since the District serves thousands of military veterans, many of whom have recently returned from war zones and face post-traumatic stress disorder and disabilities, the District must upgrade and expand its Veteran services and job training facilities so returning Service members receive the support they need to complete their education and enter the civilian workforce; and

WHEREAS, since our local community colleges are where our area's police officers, firefighters and 911 emergency responders are trained and educated, and the District must ensure that our colleges can continue to play this Vital role in keeping our communities safe; and

WHEREAS, the State is not providing the District with enough money for the District to adequately provide Bakersfield College, Cerro Coso Community College and Porterville College educational and job-training facilities, and academic and vocational education 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 college transfer and job training; 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 of all ages, veterans and local residents and to improve facilities for course opportunities in science, technology, engineering, nursing, welding, construction and other high-demand jobs, 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, 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, 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, the District has formed the "Kern Community College District Facilities Improvement District No. 1" (the "Improvement District") and desires that the described election be ordered in the territory of the Improvement District; 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 8, 2016, and to request each of the Kern County Registrar of Voters, the San Bernardino County Registrar of Voters and the Tulare 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 each of the Kern County Registrar of Voters, the San Bernardino County Registrar of Voters and the Tulare County Registrar

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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 THE KERN COMMUNITY COLLEGE DISTRICT ACTING AS THE LEGISLATIVE BODY OF THE KERN COMMUNITY COLLEGE DISTRICT FACILITIES IMPROVEMENT DISTRICT NO. 1 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 each of the Kern County, the San Bernardino County and the Tulare County Registrars of Voters call an election under the provisions of Proposition 39 and the Act and submit to the electors of the Improvement District the question of whether bonds of the District in the aggregate principal amount of $502,821,000 (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 allocation of bond proceeds shall be as follows: (a)(1) all funds in a county that has a facility determined to need improvement by the Board shall be entitled to 100% of the funds of that county up to the amount of the needed improvements as determined by the Board; (2) all funds collected in a county that has two or more facilities determined to need improvement by the Board shall be entitled to 100% of the funds of that county up to the amount of the needed improvements as determined by the Board; and (b) all funds collected in any county which has no facility, and/or any funds remaining from the distribution formula in Section 1 (a) above, shall be distributed by the Board to any facility determined by the Board to need funding.

Section 2. That the date of the election shall be November 8, 2016.

Section 3. That the purpose of the election shall be for the voters in the Improvement 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:

  1. (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;
  2. (b) that the Board, in compliance with Proposition 39, and in establishing the projects set forth in Exhibit "B", evaluated the needs of returning veterans, vocational education, safety, university transfer, enrollment trends, class size reduction, class availability, information technology and technical job training facilities of the District;
  3. (c) that the Board will cause to be conducted an annual, independent performance audit to ensure that the Bond moneys get expended for the projects identified in Exhibits "A" and "B" hereto;
  4. (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;
  5. 3

  6. (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:
    1. (i) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
    2. (ii) Inspect District facilities and grounds to ensure that Proposition 39 bond revenues are expended in compliance with applicable law;
    3. (iii) Receive and review copies of all scheduled maintenance proposals or plans developed by the District;
    4. (iv) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs; and
  7. (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, and
  8. (g) that the District shall promote fair and open competition for all District projects funded by the Bonds consistent with the California Uniform Public Construction Cost Accounting Act, Public Contracts Code Sections 22000 through 22045, and the Board shall set goals for the use of local construction contractors and local resident construction workers for Bond funded projects.

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.

Section 6. That each of the Kern, San Bernardino and Tulare County Registrars of Voters, and each of the Kern, San Bernardino and Tulare County Boards of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 8, 2016 within the Improvement District. Pursuant to Elections Code Section 10403, the District acknowledges that the consolidation election will be held and conducted in the manner described in Elections Code Section 10418.

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Section 7. That this Resolution shall stand as the "order of election" to each of the Kern, San Bernardino and Tulare County Registrars of Voters to call an election within the boundaries of the Improvement District on November 8, 2016.

Section 8. That the Secretary of the Board is hereby directed to send a certified copy of this Resolution to each of the Kern, San Bernardino and Tulare County Registrars of Voters no later than August 12, 2016.

Section 9. That the bonds shall be issued pursuant to Education Code Section 15300 et seq. or 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, each of the Boards of Supervisors of Kern, San Bernardino and Tulare County are requested to permit their respective Registrars of Voters to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the District agrees to reimburse each of Kern, San Bernardino and Tulare 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 Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.

ADOPTED, SIGNED AND APPROVED this 14th day of July, 2016.

BOARD OF TRUSTEES OF THE KERN
COMMUNITY COLLEGE DISTRICT ACTING AS
THE LEGISLATIVE BODY OF THE KERN
COMMUNITY COLLEGE DISTRICT FACILITIES
IMPROVEMENT DISTRICT NO. 1

By /s/
Board President

Attest:

/s/
Secretary

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STATE OF CALIFORNIA)
ss)
KERN COUNTY)

I, Sandra Serrano, do hereby certify that the foregoing is a true and correct copy of Resolution No. 13 which was duly adopted by the Board of Trustees of the Kern Community College District at meeting thereof held on the 14th day of July 2016, and that it was so adopted by the following vote:

AYES: 7

NOES: 0

AB SENT: 0

ABSTENTIONS: 0

By /s/
Secretary

EXHIBIT A

"BAKERSFIELD, PORTERVILLE/ CERRO COSO/ COLLEGES AFFORDABILITY/ CLASSROOM REPAIR/ JOB TRAINING MEASURE. To upgrade classrooms to prepare students/veterans for good-paying jobs/ university transfer by updating labs/classrooms for nursing, welding, construction/high-tech job training, repairing deteriorating gas, electrical/ sewer lines, leaky roofs, improving water conservation, ensuring access for disabled, including veterans, repairing, constructing/ acquiring facilities, sites/ equipment, shall Kern Community College District issue $502,821,000 in bonds at legal rates, funds spent locally, with citizen oversight/independent audits?"

Bonds - Yes Bonds - No

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
KERN COMMUNITY COLLEGE DISTRICT
BOND MEASURE ELECTION NOVEMBER 8, 2016

"BAKERSFIELD, PORTERVILLE/ CERRO COSO COLLEGES AFFORDABILITY/ CLASSROOM REPAIR/ JOB TRAINING MEASURE. To upgrade classrooms to prepare students/ veterans for good-paying jobs/ university transfer, by updating labs/classrooms for nursing, welding, construction/ high-tech job training, repairing deteriorating gas, electrical/ sewer lines, leaky

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roofs, improving water conservation, ensuring access for disabled, including veterans, repairing, constructing/ acquiring facilities, sites/ equipment, shall Kern Community College District issue $502,821,000 in bonds at legal rates, funds spent locally, with citizens oversight/ independent audits?"

Bonds - Yes ' Bonds - No

PROJECTS

The Board of Trustees of the Kern Community College District, to be responsive to the needs of its community, evaluated each of Bakersfield College's, Cerro Coso Community College's and Porterville College's urgent and critical facility needs, and its capacity to provide students, active military, and Veterans with support and job training facilities, an affordable education and prepare them for success in college and good-paying jobs. Job training facilities, safety issues, class size and offerings, and information and computer technology were each considered in developing the scope of projects to be funded, as such are outlined in the District's Facilities Master Plans for each of the Colleges and for the District, incorporated herein by reference in their entirety (the "Master Plan"), and available for review on the District's website (www.kccd.edu). In developing the scope of projects, basic repairs, job training facilities, facilities supporting Veterans, water conservation, access for persons with disabilities, and the expansion of opportunities for local students to receive an affordable, quality education, were prioritized. If these facility needs are not addressed now, the Colleges' would be unable to remain competitive in preparing students for jobs in high demand industries and university transfer. The Board of Trustees determines that Bakersfield College, Cerro Coso Community College and Porterville College MUST:

  1. (i) Better prepare returning Veterans for good-paying jobs;
  2. (ii) Expand essential job training and workforce preparation for students of all ages and local residents who need real-world skills to compete for good-paying local jobs;
  3. (iii) Ensure opportunities for local students to earn college credits, certifications and job skills at a reasonable price;
  4. (iv) Provide local students with an affordable, low-cost, high-quality education;
  5. (v) Adhere to stringent fiscal accountability safeguards, including that all funds will be subject to local control.

The following types of projects are authorized to be undertaken at Bakersfield College, Cerro Coso Community College and Porterville College and at other District facilities, located only in Kern, Tulare and San Bernardino counties.

PROVIDE JOB TRAINING TO LOCAL RESIDENTS AND VETERANS:

Facility Improvements To Help Students and Veterans
Be Trained For Good-Paying Jobs

Goals and Purposes: Students who do not go to a four-year college need a vocational education that provides the job training, technical knowledge, and specialized skills to compete for good- paying jobs. This bond measure will allow our local community colleges to upgrade vocational education programs so students and returning veterans can train and learn the skills they need to get a job in a competitive global economy.

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Not everyone chooses to attend a four-year university. This measure will ensure that Bakersfield, Cerro Coso Community and Porterville Colleges can continue to provide quality, affordable career education programs for those students who choose not to go on to a 4-year college, but need real-world skills and vocational training to compete for local jobs.

Bakersfield College, Cerro Coso Community College and Porterville College have served thousands of military veterans, many of whom have recently returned from war zones and face challenges including post-traumatic stress disorder and permanent disability. Upgraded and expanded veteran services and job training are needed so returning Service Members receive the support they need to complete their education and enter the civilian workforce.

  • 0 Upgrade career and vocational classrooms to better prepare Veterans, students and workers for good-paying jobs.
  • 0 Provide a science, technology, engineering center for instruction in high-tech fields.
  • 0 Provide job and career pathway facilities and programs in growing fields like nursing, welding and construction.
  • 0 Improve and expand facilities which prepare students for transfer to four-year college and universities.
  • 0 Because of the changing economy, upgrade classrooms and labs to provide students with access to latest advances in computers and technology.

PROVIDING AN AFFORDABLE EDUCATION
FOR LOCAL RESIDENTS AND VETERANS:

Basic Repair Projects Needed To Make
Bakersfield College, Cerro Coso Community College and Porterville College
Safer Places to Learn

Goals and Purposes: The cost to attend California's public universities has risen to at least six times that of attending a community college. As a result, more local students and their families rely on Bakersfield College, Cerro Coso Community College and Porterville College for affordable education. This measure ensures opportunities for local students to earn college credits, certifications, and job skills at a reasonable price.

Many of our buildings, classrooms, and science labs were built over 60-years ago and they, as well as job training equipment are deteriorating, run down and in need of repair. This measure will address urgent and basic repairs such as upgrading electrical wiring, gas and sewer lines, fixing leaky roofs, repairing bathrooms, and replacing outdated plumbing and wiring to make our local college clean and safe for learning.

  • 0 Replace outdated electrical wiring.
  • 0 Repair deteriorating gas, electrical, and sewer lines and leaky roofs.
  • 0 Improve water conservation.
  • 0 Update campus facilities to improve accessibility for people with disabilities.
  • B-3

  • 0 Remove asbestos and lead paint.
  • 0 Improve campus safety.

***

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, a customary contingency, and costs associated with the Total Cost of Ownership of facilities and equipment. In addition to the listed projects stated above, authorized projects also include the acquisition of a variety of instructional, maintenance and operational equipment, including interim funding incurred to advance fund projects from payment of the costs of preparation of all facility planning, fiscal reporting, 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 college activities caused by construction projects. In addition to the projects listed above, repair, renovation and construction projects include the following: renovation of student and staff restrooms; replace aging electrical and plumbing systems; repair and replacement of heating, ventilation and air conditioning systems; acquire vehicles; upgrade of facilities for energy efficiencies, including photovoltaic/ solar installations and energy management systems; repair and replacement of worn-out and leaky roofs, windows, walls doors and drinking fountains; replace or remove outdated buildings and classrooms and construction of new classrooms and support buildings; installation of wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrade facilities to meet current environmental sustainability and State compliance standards; repair and replacement of fire alarms, emergency communications and security systems; upgrading, resurfacing, replacing or relocating of hard courts, fields, turf and irrigation systems; install artificial turf on athletic fields; upgrade classrooms; build or upgrade facilities and classrooms, including for math, physical sciences, fine arts, theatre arts, student services and agriculture and environmental science programs, planetarium; construct, expand or reconfigure facilities to create large lecture classrooms; upgrade, resurfacing and reconditioning existing parking lots or build parking structures; repair, upgrade and install interior and exterior lighting systems; replace water lines and valves, sewer lines and other plumbing systems; construct, upgrade, acquire or expand multi-use classrooms and labs, culinary and health services buildings, fine arts and visual and performing arts facilities, learning resources center, physical education/aquatic facilities, locker rooms, field lights, bleachers, press box, track replacement, administrative offices, conference center, maintenance and operations building, student service/campus center and instructional buildings, trades and technology building, library, athletic fields, student services buildings; improve water conservation and energy efficiency; replace or upgrade outdated security and safety systems; replace existing window systems with energy-efficient systems to reduce costs; improve insulation, weatherproofing and roofs to reduce costs; improve access for the disabled; install and repair fire safety equipment, including alarms, smoke detectors, sprinklers, emergency lighting, and fire safety doors; replace broken concrete walks, deteriorated asphalt; replace/upgrade existing signage, bells and clocks; demolition of unsafe facilities; install new security systems, such as security (surveillance) cameras, burglar alarms, handrails, outdoor lighting, fencing, gates and classroom door locks and door hardware; replace sewer lines and improve drainage systems to prevent flooding; upgrade roadway and pedestrian paths for improved safety and access for emergency vehicles, site parking, utilities and grounds. The project list also includes the refinancing of outstanding lease obligations. The upgrading of technology infrastructure includes, but is not limited to, upgrading classroom technology, the funding of state-of-the-art projectors, computers, portable interface devices, servers, switches, routers, modules, sound projection systems, information systems, printers, digital white boards, upgrade voice-over-IP, communication systems, audio/visual B-4 and telecommunications systems, WAN, LAN and SAN updates, call manager and network security/firewall, Internet connectivity, wireless systems, technology infrastructure, and other miscellaneous IT and instructional equipment, DATA storage, fiber/copper infrastructure, phones, identity access cards and management information systems. At Bakersfield College, the Project List also includes the construction, expansion or improvement of a student access center (student union), an agriculture center, science and engineering building, woman's field house, Veteran Resource Center, fire technology and public safety center and outreach facilities at Arvin/Lamont/Greenfield and Shafter. At Cerro Coso Community College, the Project List also includes the construction, expansion or improvement of the main building, KRV remodel, IT building, athletic facility upgrades, ADA compliance, new classrooms, field house and Southern outreach facility at California City. At Porterville College, the Project List also includes the construction, expansion or improvement of an allied health facility, a career technology building, fine arts building, student and Veteran Center, student services building modernization, campus center, human performance and kinesiology center and updating maintenance and operation facilities.

The allocation of bond proceeds shall be as follows: (a)(1) all funds in a county that has a facility determined to need improvement by the Board shall be entitled to 100% of the funds of that county up to the amount of the needed improvements as determined by the Board; (2) all funds collected in a county that has two or more facilities determined to need improvement by the Board shall be entitled to 100% of the funds of that county up to the amount of the needed improvements as determined by the Board; and (b) all funds collected in any county which has no facility, and/or any funds remaining from the distribution formula in subsection (a) above, shall be distributed by the Board to any facility determined by the Board to need funding. 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.

FISCAL ACCOUNTABILITY

This bond measure has strict accountability requirements including:

B-5

1. All money will benefit Bakersfield College, Cerro Coso Community College and Porterville College campuses and CANNOT BE TAKEN BY THE STATE.

2. NO MONEY can be used for ADMINISTRATOR SALARIES or pensions.

3. Require CITIZENS' OVERSIGHT and yearly audits to ensure all funds are used locally, effectively and as promised.

4. 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, faculty and college administrator salaries, pensions and other operating expenses.

5. 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.

B-6

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