Hartnell Joint College: Vote Yes on Measure T Bonds - Monterey County - 2016 general Election
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  Commentary    Question    Analysis    Argument in Favor    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Commentary on Measure T

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    Rebuttal in Favor    Argument Against    Rebuttal Against    Full Text    Tax Rate    Agenda    Resolution  

Measure T Question

MEASURE T
Hartnell Community College District
Ballot Question

HARTNELL COLLEGE REPAIR, JOB TRAINING, IMPROVED ACCESS MEASURE. To repair/upgrade classrooms, expand local access to higher education/ training for high-wage jobs, including nursing, agriculture, science, technology/ engineering, by upgrading aging classrooms, technology, science labs, repairing outdated, deteriorating mechanical/electrical systems, improving veterans' services, safety, security/ disabled access, removing asbestos, acquiring, constructing, repairing sites/facilities/equipment, shall Hartnell Community College District issue $167,000,000 in bonds at legal rates, requiring citizen oversight, independent audits, all funds used locally?

BONDS-YES
BONDS-NO

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

Impartial Analysis for Measure T

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE T

This measure would authorize the Hartnell Community College District ("the District") to issue $167 million in bonds for the purpose of renovating school facilities. These projects include repair/upgrade classrooms, upgrading aging technology and science labs, repairing outdated, deteriorating mechanical/electrical systems, improving veterans' services, safety, security/disabled access, removing asbestos, and acquiring, equipment, sites and facilities.

The Bond Project List included with the Measure describes the specific projects the District proposes to finance with proceeds from the sale of the bonds. The District may only use bond proceeds for the purposes specified in the measure, and revenue may not be used for administrator salaries. The bond proceeds may not be used for any other purpose. Inclusion of a project on the List does not guarantee the project will be funded or completed.

If approved, the measure will authorize the District to issue up to $167,000,000 in general obligation bonds, to bear interest at a rate not to exceed the maximum permitted by law. Principal and interest on the bonds will be payable from ad valorem taxes levied annually on taxable real property within the District. These taxes would be in addition to the property taxes currently levied on real property within the District. The amount of increased taxes each year would depend upon the amount needed to pay the principal and interest. The District's Tax Rate Statement reflects an estimate of the maximum property tax levies required to service the bonds. The actual tax rates may vary depending on the timing of sales, number of bonds sold, and increases in assessed valuations. The tax rate that has been estimated to fund the bond is $19.85 per $100,000 assessed valuation per year.

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE T – Continued…

The District has committed to conduct performance and financial audits to ensure that bond proceeds are spent as specified in the measure. Additionally, the District will form an independent citizens' oversight committee to monitor expenditures. Annual reports will be filed with the Board stating the amount of funds collected and expended, and the status of the projects authorized by the measure.

This measure was placed on the ballot by the Board. The Measure makes no change to existing law and must be approved by 55% of eligible votes cast or the bonds may not be issued.

A "yes" vote on this measure is a vote in favor of the District issuing $167 million in bonds for the purposes set forth in the fulltext of the measure.

A "no" vote on this measure is a vote against the District issuing $167 million in bonds for the purposes set forth in the full-text of the measure.

/s/ BARBARA THOMPSON, Assistant County Counsel

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

Argument in Favor of Measure T

ARGUMENT IN FAVOR OF MEASURE T

Vote Yes on Measure T to expand and upgrade Hartnell College classrooms, labs and technology.

Help protect and increase access to affordable higher education and job training programs in the Salinas Valley.

Hartnell College has served our community for nearly a century. Many of us and our family members attended Hartnell. Some families boast several generations of Hartnell graduates, and each year dozens of local Hartnell students become the first in their own families to attend college.

Hartnell's specialized training, in fields like healthcare and agricultural science, support local students seeking careers, and help sustain homegrown businesses.

Today, demand for our beloved local college is increasing as the University of California and California State University become more expensive and less accessible for members of the Salinas Valley communities.

Hartnell is essential for adults as well: 40% of Salinas Valley adults over the age of 25 have not earned a high school diploma. We must protect and improve access to affordable higher education.

Measure T will upgrade Hartnell College classrooms, labs, technology and facilities, and expand access to training programs that teach modern career skills.

Measure T will:

  • Add classrooms and labs for better job training, higher literacy rates and a skilled workforce
  • Improve student access to computers and modern technology
  • Improve nursing and skilled healthcare training
  • Expand access to agriculture, engineering, math, science and technology labs
  • Provide space for universities to offer four-year bachelor's degrees at Hartnell
  • Expand facilities serving military veterans
  • ARGUMENT IN FAVOR OF MEASURE T

  • Renovate outdated classrooms and labs
  • Improve health, safety, energy efficiency, and disabled accessibility

Measure T Requires Strict Fiscal Accountability:

  • of Measure T will benefit Hartnell College
  • Funds cannot be taken by the State
  • and annual audits are required

Vote Yes on Measure T – so Hartnell College can continue serving our communities for decades to come.

/s/ KURT GOLLNICK,
Vice President, Hartnell Foundation Board of Directors

/s/ ALFRED DIAZ-INFANTE,
President/CEO, C.H.I.S.P.A.

/s/ BRUCE TAYLOR,
CEO/Chairman, Taylor Farms

/s/ NATALIE RAVA,
South Monterey County Community Leader

/s/ CARMEN GIL,
Board of Directors, Salinas Valley Memorial Healthcare System

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

Rebuttal to Argument in Favor of Measure T

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE T

We are part of the community that Harnell College has served for nearly a century.

And we like what it does. We like the growth we've seen at the main campus.

But we don't agree with this vision - paid for by Measure T - to set up and expand satellite campuses in various parts of the county.

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE T – Continue…

Salinas is the largest city in the county. More than 150,000 people live here. There is nothing wrong with coming to the main campus in Salinas for classes.

Our community leaders want to see the City of Salinas and its downtown area grow and prosper. So if we borrow $167,000,000 from bond investors, let's spend it all on expanding the main central campus.

Let's see something different on the ballot in 2018. There's time to think about this.

Vote NO on Measure T.

/s/ /KEVIN DAYTON,
President, Salinas Taxpayers Association

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

Argument Against Measure T

ARGUMENT AGAINST MEASURE T

Like you, Salinas Taxpayers Association members are local people who want Hartnell College to continue providing an education that improves our personal and professional lives.

But we disagree with this $167,000,000 Measure T plan to spread money around.

We don't think Hartnell College has proven a need to spend millions of dollars to build new facilities or expand existing facilities outside of the main Salinas campus, in places such as Soledad, King City, North Monterey County (perhaps in Prunedale), and the Alisal neighborhood.

What's wrong with one main central campus in Salinas? Is Salinas too remote for people who want a decent, affordable education?

Technology can provide distance education at a fraction of the price of a new building for students who truly can't get to the main campus.

ARGUMENT AGAINST MEASURE T – Continued…

For hands-on education, people can drive or take public transportation to the main campus in Salinas. That's why we pay taxes to support transportation projects and public transit.

We also question the plan to expand the nursing program at multiple facilities instead of growing a central training program in Salinas. There is great local demand for nurses and great local demand to take nursing classes. Is building a campus in Soledad the best way to solve this need?

This $167 million will be BORROWED money that must be paid back to investors, with INTEREST, over many years. Not everyone agrees that the future of Hartnell College should be new and expanded satellite campuses outside of Salinas.

The Salinas Taxpayers Association wants to see Hartnell College ask permission from voters again in 2018 to borrow money, in a smaller amount next time, for facilities at or around the Salinas main campus.

Vote NO on Measure T.

/s/ KEVIN DAYTON,
President, Salinas Taxpayers Association

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Rebuttal to Argument Against Measure T

REBUTTAL TO ARGUMENT AGAINST MEASURE T

We encourage our opponents to to see why Measure T is a well-developed plan to expand education access and to meet the workforce needs of our region's leading industries. You can read it too: www.hartnell.edu/future.

Most of Measure T funds will be spent to improve and expand existing facilities at Hartnell College in Salinas, including classrooms, labs and technology. These repairs and upgrades are needed to ensure local access to affordable higher education, and to provide training programs for high demand, high wage jobs.

REBUTTAL TO ARGUMENT AGAINST MEASURE T – Continued…

t's true Measure T adds classrooms and labs in South and North Monterey County: these are needed to create access to education programs and services throughout the Hartnell service area. Currently, students spend as much as four hours each day taking public transit to Salinas for classes and these classrooms will make Hartnell more accessible for our communities.

Our county has a severe nursing shortage. Measure T expands Hartnell's nursing program only at Hartnell College in Salinas (not at satellite facilities) to train nurses for our region.

The demand for high quality and affordable, local higher education at Hartnell College has never been higher. Thousands of adults in our area lack education beyond high school. They struggle with the rising cost of higher education and the rapid changes in skills needed to qualify for good jobs.

The improvements sought through Measure T strengthen the entire Salinas Valley. Please review the facts, and join us in voting YES.

/s/ GARY TANIMURA,
Vice President, Tanimura & Antle

/s/ JUAN URANGA,
Executive Director, Center for Community Advocacy (CCA)

/s/ SUSAN GILL,
South Monterey County Community Leaders

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Full Text of Measure T

B-1

EXHIBIT B

FULL TEXT BALLOT PROPOSITION

HARTNELL COMMUNITY COLLEGE DISTRICT
BOND MEASURE ELECTION NOVEMBER 8, 2016

"HARTNELL COLLEGE REPAIR, JOB TRAINING, IMPROVED ACCESS MEASURE. To repair/upgrade classrooms, expand local access to higher education/ training for high-wage jobs, including nursing, agriculture, science, technology/ engineering, by upgrading aging classrooms, technology, science labs, repairing outdated, deteriorating mechanical/electrical systems, improving veterans' services, safety, security/disabled access, removing asbestos, acquiring, constructing, repairing sites/facilities/equipment, shall Hartnell Community College District issue $167,000,000 in bonds at legal rates, requiring citizen oversight, independent audits, all funds used locally?"

Bonds – Yes Bonds – No

PROJECTS

The Board of Trustees of the Hartnell Community College District, to be responsive to the needs of its community, evaluated Hartnell College's urgent and critical facility needs, and its capacity to provide students and Veterans with support facilities, an affordable education and prepare them for success in college and careers. 21st Century job training, enrollment, class size and class offerings, and information and computer technology infrastructure were each considered, in developing the scope of projects to be funded. In developing the scope of projects, the faculty, staff, students and community have prioritized local job training, particularly in nursing, and other healthcare training, as well as facilities available to support an affordable education, so that the most critical needs that will make Hartnell College an effective place for learning, would be addressed. Based on Board, faculty, student and community input, it was concluded that if these facility needs were not addressed now, Hartnell College would be unable to remain competitive in preparing students for jobs in high demand industries and university transfer. The Board concluded that the longer they waited to repair and upgrade Hartnell College, the more expensive it would be. In approving the Projects, the Board of Trustees determines that Hartnell College MUST:

  1. (i) Improve access to local higher education opportunities; and
  2. (ii) Improve student access to computers and modern technology; and
  3. (iii) Upgrade campus facilities that provide job training for a skilled workforce.

B-2

The following are authorized to be undertaken at Hartnell College:

LOCAL FUNDS FOR JOB TRAINING AND COLLEGE TRANSFER:

Academic Facility and Technology Upgrade Projects
To Help Students, Transfer to Four-Year
Universities or be Trained For 21st Century Jobs

  • Construct or upgrade classrooms for job training in nursing and other health sciences, agriculture science/technology, teaching and computer/information technology.
  • Repair and upgrade classrooms, labs and job training centers for 21st Century jobs.
  • Provide adequate libraries, classrooms and labs at District instructional locations for career training and transfer to universities.
  • Upgrade computer labs and classroom instructional technology.
  • Provide space for universities to offer four-year bachelor's degrees.
  • Update campus facilities to provide access for students with disabilities.
  • Increase energy efficiency by replacing aging heating, ventilation and air-conditioning systems with energy-efficient models and install energy saving dual pane windows to reduce operating expenses.
  • Upgrade and replace existing information technology infrastructure and network systems to improve efficiency and increase capacity.
  • Upgrade and construct academic buildings to expand classrooms for job training and career technical education and provide literacy and English language learning centers.
  • Construct science, technology, engineering and math (STEM) labs at District instructional locations.

LOCAL FUNDS FOR BASIC REPAIRS:

Projects Needed To Meet Current Safety
Building Codes And Demand for Classes

  • Renovate, repair or replace deteriorating and outdated laboratories, classrooms, training centers and support facilities.
  • Remove hazardous asbestos, lead paint and other hazardous materials.
  • Update classrooms and educational facilities to meet current fire and safety codes.
  • Update campus facilities to provide access for disabled students.
  • Improve student, staff and faculty safety by upgrading emergency management systems, including video surveillance, emergency communication systems, and security systems.
  • B-3

  • Upgrade electrical, mechanical, heating, ventilation and air-conditioning systems.

* * *

FISCAL ACCOUNTABILITY:

This bond measure has strict accountability requirements including:

1. All money will benefit Hartnell College campuses and CANNOT BE TAKEN BY THE STATE.

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

3. Require CITIZENS' OVERSIGHT and yearly reports to the community to keep the College accountable for how the funds are spent.

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.

* * *

The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, and a customary contingency. 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 , 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 may include, but not be limited to, some or all of the following: renovation of student and staff restrooms; replace aging electrical and plumbing systems; repair and replacement of heating and ventilation systems; upgrade of facilities for energy efficiencies, including photovoltaic/solar installations; 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; installation of wiring and electrical systems to safely B-4 accommodate computers, technology and other electrical devices and needs; replace mechanical units on all campuses; acquire land; upgrade facilities to meet current earthquake safety 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 on ball fields; replace broken concrete walks, replace deteriorating asphalt; upgrade classrooms; build or upgrade facilities for math, physical sciences, fine arts, theatre arts, and agriculture; construct or expand a simulation lab for allied health programs; improve campus signage; upgrade, resurfacing and reconditioning existing parking lots; renovate or construct a facility for multi-purpose/lecture /meeting space for district and community use; repair, upgrade and install interior and exterior lighting systems; replace water and sewer lines and other plumbing systems; construct, upgrade, acquire or expand foreign language, humanities buildings, , physical education facilities, locker rooms, , public safety office, maintenance building, student service/campus center and instructional buildings, trades and technology building, library, athletic fields, student services building, turf; acquire transitional portable buildings; improve water conservation and energy efficiency; replace elevators; replace outdated security systems; replace existing window systems with ; 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, outdoor lighting, fencing, gates and classroom door locks; 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 . The upgrading of technology infrastructure includes, but is not limited to, the acquisition of computers, LCD projectors, 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, call manager and network security/firewall, Internet connectivity, wireless systems, technology infrastructure, and other miscellaneous IT and instructional equipment.

The Project List also includes the construction of a multipurpose education facility in Soledad to better serve South Monterey County; establishment of a "Center for Literacy and Language Development" in South Monterey County; construction of a multipurpose education facility in North Monterey County to better serve students in North Monterey County; addition of classrooms and labs at the Alisal Campus to improve job training programs in commercial refrigeration, food safety, seed science technology; establishment of an Innovation Center and creation of space for learning support and services and community use in Alisal; expansion of the King City Education Center by adding science labs to support STEM education and construction of areas for learning support and services and community use in King City; partner with area high schools to upgrade science classrooms and labs for joint use and to support dual enrollment of high school students; construct a Center for Nursing and Health Science on the main campus in Salinas, and expand or upgrade Buildings D, E, G, H, J, K and N; establishment of a University Center for completion of bachelor's degrees.

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 B-5 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. 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.

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Measure T Tax Rate Statement

TAX RATE STATEMENT FOR MEASURE T

An election will be held in the Hartnell Community College District (the "District") on November 8, 2016 to authorize the sale of up to $167,000,000 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 $.01985 per $100 ($19.85 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 $.01985 per $100 ($19.85 per $100,000) of assessed valuation in fiscal year 2025-26.

TAX RATE STATEMENT FOR MEASURE T – Continued…

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 $.01985 per $100 ($19.85 per $100,000) of assessed valuation. This rate is projected to apply in each fiscal year that the bonds are outstanding.

4. The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold will be approximately $339,000,000.

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 in the assessment and the equalization process.

Dated: 2 August 2016 /s/ WILLARD LEWALLEN, Ph.D., Superintendent/President, Hartnell Community College District

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Measure T Agenda Description

Agenda of June 21, 2016 (complete item)

Agenda Item Details

Meeting
Jun 21, 2016 - Development Meeting of the Governing Board, 5 p.m.
Category
UPDATE ON FEASIBILITY OF FACILITIES GENERAL OBLIGATION BOND MEASURE
Subject
Update on Feasibility of Facilities General Obligation Bond Measure
Type
Discussion, Information, Presentations
Goals


SUBMITTED BY: Willard Lewallen, Superintendent/President

BACKGROUND / SUMMARY

The District continues to explore and investigate the feasibility of a facilities general obligation bond measure.

Per the timeline, education and information presentations continue to be held with stakeholders, partners, and other interested parties.  Input and feedback is being sought through surveys (both hard copy and electronic).

An informational mailer has been distributed to voters in the District (English and Spanish) to solicit input and feedback regarding facilities plans. The mailer includes a "tear off" portion that can be sent back to the District (postage paid). There is also a link to an Internet version of the "tear off" (English and Spanish) for those who prefer this method of response. Responses are requested by Friday, July 1.

Agenda of August 2, 2016 (complete item)

Agenda Item Details

Meeting
Aug 02, 2016 - Regular Meeting of the Governing Board, 5 p.m.
Category
ACTION ITEMS
Subject
Consider Adoption of Resolution 16:14 Ordering an Election, and Establishing Specifications of the Election Order
Type
Action
Recommended Action
Adopt Resolution 16:14 Ordering an Election, and Establishing Specifications of the Election Order
Goals


SUBMITTED BY: Willard Lewallen, Superintendent/President

 

 

BACKGROUND / SUMMARY

Through numerous study sessions, documents, and reports over the previous six months, the District has explored and investigated the feasibility of a general obligation facilities bond measure. The Governing Board will now consider adopting a resolution to order an election for a facilities bond measure. The deadline to submit a resolution to the Monterey County Elections Department for the November 8, 2016 election is August 12, 2016.

 

 

 

 

 

 

 

 

 

 

 




Motion & Voting

Adopt Resolution 16:14 Ordering an Election, and Establishing Specifications of the Election Order

Motion by Candi DePauw, second by Hector Moya.
Final Resolution: Motion Carries
Yes: Candi DePauw, Pat Donohue, Ray Montemayor, Hector Moya, Manuel Osorio, Aurelio Salazar, David Serena, Erica Padilla-Chavez

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Measure T Resolution

RESOLUTION NO. 16:14

RESOLUTION OF THE BOARD OF TRUSTEES OF THE
HARTNELL COMMUNITY COLLEGE DISTRICT ORDERING
AN ELECTION, AND ESTABLISHING SPECIFICATIONS OF
THE ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") of the Hartnell Community College District (the "District") has determined that certain educational facilities, infrastructure and equipment at each of the District's campuses need to be constructed, renovated, acquired and equipped in a fiscally prudent manner, to enable the District to maintain Hartnell College as a valuable community resource that provides an affordable, local education, which increases the educational opportunities of all local students, including career and support facilities for veterans who desire to learn in-demand job skills or transfer to four-year universities; and

WHEREAS, like with most community resources, the District partners with area employers and private businesses to train students and save taxpayer money; and

WHEREAS, the costs of attending a U.C. and State college are becoming so expensive, students rely on Hartnell College, and the high quality, affordable college options it provides; and

WHEREAS, in today's 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 income opportunities, as well as for local students to earn college credits, certifications and job skills all at a reasonable price; and

WHEREAS, the State of California is not providing the District with enough money for the District to adequately maintain Hartnell 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 help provide funds that cannot be taken away by the State to support local college transfer and job training; and

WHEREAS, such 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 has 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 to improve facilities to better prepare local students and veterans for transfer to four-year colleges and universities, and/or successful jobs and 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 2 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 annual financial audit requirements 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 from being wasted or used for inappropriate 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 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 Tuesday, November 8, 2016, and to request each of the Monterey County Registrar of Voters and the San Benito 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 Monterey County Registrar of Voters and the San Benito 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 THE HARTNELL 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 each of the Monterey County Registrar of Voters and the San Benito 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 $167,000,000 (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.

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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 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) 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 student safety, class size reduction, class availability, information technology and the job training needs 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. (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, among others, 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 (1) 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. 4
    5. (iv) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs;
  6. (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
  7. (g) that the District shall promote fair and open competition for all District construction projects so that all contractors and workers, whether union or non-union, are treated equally in the bidding and awarding of District construction contracts; and that the District, consistent with resolution 10:13, will encourage participation by local and regional vendors, suppliers, and contractors in responding to any call for bids, requests for proposals, or other procurement processes used by the District.

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 the Monterey County Registrar of Voters, the Monterey County Board of Supervisors, the San Benito County Registrar of Voters and the San Benito County Board 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 District.

Section 7. That this Resolution shall stand as the "order of election" to each of the Monterey County Registrar of Voters and the San Benito County Registrar of Voters to call an election within the boundaries of the 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 Monterey County Registrar of Voters and the San Benito County Registrar of Voters no later than August 12, 2016.

Section 9. That the Bonds may be issued pursuant to Education Code Section 15300 et seq. and 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 with each of the Monterey County Registrar of Voters and the San Benito County Registrar of Voters 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. Pursuant to the Elections Code Section 10403, the District acknowledges that the consolidation election will be conducted in the manner described in Elections Code Section 10418.

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Section 11. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of Monterey County is requested to permit the Registrar of Voters to render all services specified by Elections Code Section 10418 relating to the election, for which services the District agrees to reimburse each of Monterey County and San Benito 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.

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ADOPTED, SIGNED AND APPROVED this 2nd day of August, 2016.

BOARD OF TRUSTEES OF THE HARTNELL
COMMUNITY COLLEGE DISTRICT

By
Board President

Attest:

Secretary

STATE OF CALIFORNIA )
)ss
MONTEREY COUNTY )

I, Dr. Willard Clark Lewallen, do hereby certify that the foregoing is a true and correct copy of Resolution No. ______, which was duly adopted by the Board of Trustees of the Hartnell Community College District at meeting thereof held on the 2nd day of August, 2016, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By
Secretary

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