MiraCosta College: Vote Yes on Measure MM Bonds - San Diego 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 MM

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 MM Question

77

EXHIBIT A

"MIRACOSTA COLLEGE JOB TRAINING, COLLEGE TRANSFER, MEASURE. To upgrade classrooms and career training facilities for science, healthcare, technology, advanced manufacturing, other growing local industries, provide job training/placement to Navy/Marines/other veterans, improve access to affordable higher education for local students, improve disabled access, repair, construct, acquire classrooms, facilities, sites/equipment, shall MiraCosta Community College District issue $455,000,000 in bonds, at legal rates, subject to local control, requiring annual audits and ?"

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 MM

COUNTY COUNSEL IMPARTIAL ANALYSIS

This measure was placed on the ballot by the governing board of the MiraCosta Community College District ("District"). This measure, if approved by 55% of the votes cast on the measure, will authorize the District to issue and sell $455,000,000 in general obligation bonds. The sale of these bonds by the District is for the purpose of raising money for the District, and represents a debt of the District. In exchange for the money received from the bond holders, the District promises to pay the holders an amount of interest for a certain period of time, and to repay the bonds on the expiration date.

Voter approval of this measure will also authorize an annual tax to be levied upon the taxable property within the District. The purpose of this tax is to generate sufficient revenue to pay interest on the bonds as it becomes due and to provide a fund for payment of the principal on or before maturity.

Proceeds from the sale of bonds authorized by this measure may be used by the District for the construction, reconstruction, rehabilitation or replacement of community college facilities, including the furnishing and equipping of community college facilities, or the acquisition or lease of real property for community college facilities.

The interest rate on any bond, which is established at the time of bond issuance, could not exceed 12% per annum. The final maturity date of any bond could be no later than 40 years after the date the bonds are issued as determined by the District.

The tax authorized by this measure is consistent with the requirements of the California Constitution. The California Constitution permits property taxes, above the standard one percent (1%) limitation, to be levied upon real property to pay the interest and redemption charges on any bonded indebtedness for, among other things, the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, when approved by 55% of the voters if:

N SD 311-049
PR-35M0-MM-2
COUNTY COUNSEL IMPARTIAL ANALYSIS (CONTINUED)

(1) the proceeds from the sale of the bonds are used only for the purposes specified,

(2) the District, by evaluating safety, class size reduction, and information technology needs, has approved a list of specific projects to be funded,

(3) the District will conduct an annual, independent performance audit, and

(4) the District will conduct an annual, independent financial audit.

If a bond measure is approved, state law requires the District to establish an independent citizens' oversight committee. The District has made this ballot measure subject to these requirements.

Approval of this measure does not guarantee that the proposed projects in the District that are the subject of these bonds will be funded beyond the local revenues generated by this measure.

A "YES" vote is a vote in favor of authorizing the District to issue and sell $455,000,000 in general obligation bonds.

A "NO" vote is a vote against authorizing the District to issue and sell $455,000,000 in general obligation bonds.

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

Argument in Favor of Measure MM

N SD 311-051
PR-35M0-MM-4

ARGUMENT IN FAVOR OF MEASURE MM

Vote YES on Measure MM to improve MiraCosta College: a vital contributor to our North San Diego County economy and an essential resource for local students seeking affordable higher education and preparation for 21st century careers.

MiraCosta College provides training in growing fields like biotechnology, nursing, maritime technology and high-tech manufacturing. Local technology companies, hospitals and businesses count on MiraCosta College for skilled workers.

More than 1,800 active-duty military personnel, veterans and their families rely on MiraCosta College for essential job training and counseling services.

From Carmel Valley in the south to Camp Pendleton in the north, more than one-third of local high school graduates attend MiraCosta College. As the cost of four-year college skyrockets, demand for MiraCosta College's excellent, affordable higher education has risen.

It has been more than 50 years since MiraCosta College received significant funding for facility improvements. Classrooms, laboratories and career training facilities need upgrading. Additional classrooms and labs are needed to serve the growing demand for career training in healthcare, science, technology, engineering and math. State government will not provide the necessary funds to our college.

Vote YES on MM:

  •  Upgrade career training facilities for science, nursing, healthcare, engineering, technology and skilled trades
  •  Improve facilities for veterans' job training, counseling and support services
  •  Update instructional technology for improved student learning in math, science and technology
  •  Improve access for students with disabilities
  •  Repair or replace leaky roofs, worn-out floors and restrooms, old rusty plumbing and faulty electrical systems

Stays Local

  •  All funds would support our local community college
  •  No funds could be taken by the State
  •  No funds could be spent on salaries or pensions
  •  Independent citizens' oversight is required

Join business leaders, veterans, taxpayer advocates, educators and students in supporting Measure MM: protect MiraCosta College as an essential resource for local students and employers alike.

GREGORY A. STEIN
Chairman of the Board, San Diego County Taxpayers Association

DAVID M. BRAHMS
Brigadier General, USMC, (ret.)

JOE PANETTA
President & CEO, Biocom

EMILY RUSSELL
President, National Student Nurses Association at MiraCosta College

JIM ASHCRAFT
Encinitas Business Owner

  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 MM

N SD 311-052
PR-35M0-MM-5

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE MM

MiraCosta College District Property Owners
Alert
The proposed MiraCosta College bond is completely unnecessary and a shameless waste of taxpayer's money

In 2000, the percentage of votes needed to pass K12 and community college school bonds was reduced from 66 2/3rds% to 55%. Now over 80% of school bonds pass, regardless of their size or justification. Because of this, many districts are now seeking the maximum bond amounts allowed by law, rather than just what they truly need. MiraCosta's massive demolish and rebuild proposal appears to be a product of this wasteful thinking.

MiraCosta wants the voters to give it $455 million, without specific plans or meaningful justification, and then allow it, in all its wisdom, to determine how to spend the money. This upside down process must be rejected because it includes no guarantees that everything presented to the voters will ever be built.

MiraCosta, in its proponent statement, side stepped the point that its income over the past 50 years has been tremendous. It is one of only a few college districts that has been able to fund both an extravagant operation and a robust building program without General Obligation Bonds, for such a period of time.

Throughout the MiraCosta College District there are multiple K12 school districts. Each of which probably having one or more outstanding bonds; therefore, to avoid expensive unexpected tax impacts, the cumulative cost of all school bonds must be carefully considered before voting.

Stop the Waste

Vote No on Measure MM

GARY D. GONSALVES MD
Medical Doctor

JERRY PETERS
Pres. Of the Cardiff Taxpayers Assoc.

ROBERT BONDE
President Encinitas Taxpayers Assoc.

SHEILA S. CAMERON
Former Encinitas Mayor

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

Argument Against Measure MM

N SD 311-053
PR-35M0-MM-6

ARGUMENT AGAINST MEASURE MM

Vote No on MiraCosta College Measure MM

The proposed MiraCosta College $455 million General Obligation Bond is not necessary. This request for more tax dollars comes at a time when facility needs are declining because of flat enrollment and 40% of all of MiraCosta's credits are now being granted for online courses.

MiraCosta is a wealthy district. It receives more each year in local property taxes and other income than required to operate its educational programs and with state aid, to fund its ongoing facilities' needs. Over the years, taxpayers have provided MiraCosta more than 70 buildings. About half, have been constructed in the past 40 years.

Now, it appears that those in power want to reconfigure the 3 campuses. They want $455 million of your money to tear down some very expensive, fully functional buildings and to replace them with new ones. Because the $455 million is beyond MiraCosta's borrowing and state support limits, it is jumping on the bond market band wagon and hoping voters will blindly pass its unsupported Measure MM request.

MiraCosta has language in this proposal that will allow it to basically use the $455 million for whatever construction projects it wants, where it wants and when it wants. Consequently, if voters approve the bond they will not be assured that everything proposed will ever be built.

The massive $455 million is not justified. The MiraCosta bond request amount is 23 times more than the system wide California Community College Trustees included in its 5 year plan and 10 times more than even what MiraCosta told these trustees it needed.

While additional facilities may be desired, they appear to be within the capability of the existing MiraCosta budget. No new bonds/taxes are required.

Please stop the waste - Vote No on MiraCosta Collage Measure MM

GARY D. GONSALVES M.D.
Co-founder Stop Taxing Us

BRIAN J. BRADY
Former Board Member - Republican Party of San Diego County

SHEILA S. CAMERON
Former Mayor of Encinitas

JERRY PETERS
President of the Cardiff Taxpayers Assoc.

ROBERT BONDE
President Encinitas Taxpayers Association

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

Rebuttal to Argument Against Measure MM

N SD 311-054
PR-35M0-MM-7

REBUTTAL TO ARGUMENT AGAINST MEASURE MM

Our opponents have misunderstood or mistaken the facts.

Let's correct the record:

FACT: MiraCosta College's facility needs are rising because the State of California eliminated community college facility funds 10 years ago. That's why nearly every other community college in California has passed bonds recently some, multiple times. MiraCosta College hasn't passed one in 50 years. Measure MM is also necessary to help MiraCosta College qualify for any future state facility funds.

FACT: Over 19,000 students take classes at MiraCosta College each semester, in person. MiraCosta College is a leader in providing online content, but thousands of students are pursuing programs requiring hands-on learning, real world training and practical experience. Measure MM is necessary to provide these skills for today's jobs in manufacturing, technology, healthcare and other growing fields.

FACT: Our aging college, which has served our region well for decades, is offering 21st century career training in buildings from the 1950s and 1960s. We can be proud that the college has taken care of its facilities for so many years, but we live in a rapidly changing world and it's simply not possible to prepare students to compete for today's and tomorrow's jobs in classrooms and labs built 50 years ago.

FACT: Measure MM is a thoughtful plan, focused on essential improvements, with a specific project list, subject to citizen oversight annual audits. That's why it is one of very few 2016 measures endorsed by the San Diego County Taxpayers Association.

Please join us Vote Yes on Measure MM.

CHUCK ATKINSON
President/Founder Veterans Association of North County

GREG STEIN
Chairman of the Board, San Diego County Taxpayers Association

MARK CAFFERTY
President & CEO, San Diego Regional Economic Development Corp.

DONNA CLEARY
San Diego Republican Party Activist

LISA MONTES
Solana Beach Educator and Leader

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

Full Text of Measure MM

78

EXHIBIT B

FULL TEXT BALLOT PROPOSITION

MIRACOSTA COMMUNITY COLLEGE DISTRICT

BOND MEASURE ELECTION NOVEMBER 8, 2016

"MIRACOSTA COLLEGE JOB TRAINING, COLLEGE TRANSFER, SUPPORT MEASURE. To upgrade classrooms and career training facilities for science, healthcare, technology, advanced manufacturing, other growing local industries, provide job training/placement to Navy/ Marines/ other veterans, improve access to affordable higher education for local students, improve disabled access, repair, construct, acquire classrooms, facilities, sites/equipment, shall MiraCosta Community College District issue $455,000,000 in bonds, at legal rates, subject to local control, requiring annual audits and independent citizen oversight?"

Bonds - Yes Bonds No

PROJECTS

The Board of Trustees of the MiraCosta Community College District, to be responsive to the needs of its community, evaluated MiraCosta College's urgent and critical facility needs, and its capacity to provide students, active military, and Veterans with support and job training facilities, and an affordable education to prepare them for success in college and careers. Veteran's support, 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 Plan 2016 Update and incorporated herein by reference in its entirety, and available for review on the District's website (www.miracosta.edu). In developing the scope of projects, basic repairs, job training facilities, campus safety, facilities supporting Veterans, and the expansion of opportunities for local students to receive an affordable, quality education, were prioritized. If these facility needs are not addressed now, MiraCosta College would be unable to remain competitive in preparing students for jobs in high demand industries and university transfer. The Board of Trustees determines that MiraCosta College MUST:

  1. (i) Improve career training facilities for science, healthcare, technology and skilled trades to better prepare students and returning veterans for success in college and careers.
  2. (ii) Increase opportunities for local students to earn college credits, certifications and job skills at reasonable prices and transfer to four-year colleges and universities;
  3. (iii) Expand and improve the Veterans' Center and provide job training, job placement, counseling, and support services to Navy, Marine and other military veterans and their families;
  4. (iv) Continue training local workers and partnering with local industries in biotech, aerospace, high-tech manufacturing, biomedical engineering, computer science and nursing to drive our local economy;
  5. 79

  6. (v) Ensure that all money raised by this measure will stay in our community to support local students, and cannot be taken away by the State or used for other purposes;
  7. (vi) PROVIDE LOCAL NORTH COUNTY STUDENTS WITH AN AFFORDABLE, HIGHQUALITY EDUCATION;
  8. (vii) Adhere to stringent fiscal accountability safeguards including:
    1. (a) All expenditures will be subject to annual independent financial audits,
    2. (b) No funds will be used for administrators' salaries and pensions,
    3. (c) An independent citizens' oversight committee will be appointed to ensure that all funds are spent only as authorized.

The following types of projects are authorized to be undertaken at each of the District's locations:

PROVIDE AN AFFORDABLE EDUCATION
FOR LOCAL RESIDENTS AND VETERANS:

Facility Improvements Needed To Update Classroom, Laboratory Instruction and Technology
To Support Core Subjects, Like Math, Science and Technology

Goals and Purposes: The cost to attend the University of California and the State University systems has become so expensive, more local students and their families rely on MiraCosta College to start their education and save tens of thousands of dollars. Additional funds are needed to ensure local students have access to affordable, high quality education in North County.

Since more than one-third of all local high school graduates rely on MiraCosta College for higher education and to prepare them for careers, this essential community resource must be maintained.

  • ? Add classrooms and laboratories for high-demand courses in nursing, biotechnology, biomanufacturing, and other skilled trades that serve the local economy.
  • ? Improve student safety and campus security systems, including security lighting, and emergency communications systems, smoke detectors, fire alarms and sprinklers.
  • ? Repair leaky roofs, worn out floors and restrooms, old rusty plumbing, and faulty electrical systems.
  • ? Update campus facilities to improve access for students with disabilities.
  • ? Update instructional technology in the classrooms for improved student learning in core subjects like math, science and technology.

80

PROVIDE JOB TRAINING, COLLEGE TRANSFER AND VETERAN SUPPORT:

Facility Improvements
To Help Students and Veterans Transfer to Four-Year
Universities or be Trained For High Demand Jobs

Goals and Purposes: MiraCosta College is one of the most important Veterans' serving institutions in California. It provides job training and counseling to approximately 1,800 active military and veterans every year. 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.

MiraCosta College is a vital resource for our business community that relies on the college to train future and current employees in fields like biomedical engineering, nursing, hospitality and other high demand careers.

  • ? Upgrade science center and labs to allow for state-of-the-art courses in biology, chemistry and physical sciences.
  • ? Expand and improve the Veterans' Center, which provides job training, counseling, and support services to Navy, Marine, and other military veterans and their families.
  • ? Update classrooms, labs, libraries and computer systems to keep pace with technology.
  • ? Improve career training facilities for science, healthcare, technology and skilled trades to better prepare students and returning veterans for success in college and careers.

* * *

FISCAL ACCOUNTABILITY

This bond measure has strict accountability requirements including:

1. All money will benefit MiraCosta College campus 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 CONDUCTED 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 81 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, , 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 , 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, ventilation and air conditioning systems; ; upgrade of facilities for energy efficiencies, including ; repair and , 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 earthquake safety standards, 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 sod or ; upgrade classrooms; build or upgrade facilities; construct, expand or reconfigure facilities to create lecture classrooms; construct parking lots, upgrade, resurfacing and reconditioning existing parking lots; improve vehicular access and traffic circulation; improve pathways, such as sidewalks, pedestrian bridge, traffic center; improve drop-off zones, bus stops; repair, upgrade and install interior and exterior lighting systems; replace water lines and valves, gas and sewer lines and other plumbing systems; construct, upgrade, acquire or expand multi-use classrooms and labs, , learning resources center, physical education/aquatic facilities, gym, locker rooms, field lights, bleachers, press box, track replacement, support buildings, student service/campus center and instructional buildings, campus police building, resource center, libraries, automotive building, athletic fields, student services buildings; improve water conservation and energy efficiency; acquire land; 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; create outdoor study and gathering spaces; interior and exterior painting, wall and floor covering replacement; 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, upgrading classroom technology, expanding wireless internet access, acquire portable interface devices, servers, switches, routers, modules, sound 82 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, DATA storage, fiber/copper infrastructure, phones, identity access cards and the creation. The Project List includes the construction of buildings for general education classrooms, chemistry and biotechnology, allied health, arts/ media services, engineering, math, technology and applied sciences and physical education and kinesiology, and the renovation of facilities for student services, business and workforce development, biology and related sciences.

The allocation of bond proceeds may be affected by the District's receipt of State matching funds and the final costs of each project. 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. 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 MM Tax Rate Statement

TAX RATE STATEMENT

An election will be held in the MiraCosta Community College District (the "District") on November 8, 2016, for the purpose of submitting to the electors of the District the question of issuing up to $455,000,000 in principal amount of General Obligation Bonds. If such bonds are authorized and sold, the principal thereof and interest thereon will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information regarding tax rates is given to comply with Section 9401 of the California Elections Code. Such information is based upon the best estimates and projections presently available from official sources, upon experience within the District, and other demonstrable factors.

Based upon the foregoing and projections of the District's assessed valuation, and assuming the entire debt service will be paid through property taxation:

1. The best estimate of the tax rate that would be required to be levied to fund the 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 $0.01499 per $100 of assessed valuation (or $14.99 per $100,000 of assessed valuation for fiscal year 2017/18.

2. The best estimate of the tax rate that would be required to be levied to fund the 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 the filing of this statement, is $0.01499 per $100 of assessed valuation (or $14.99 per $100,000 of assessed valuation) for fiscal year 2024/25.

3. The best estimate of the highest tax rate that would be required to be levied to fund the bond issue, and an estimate of the years in which that rate will apply, based on estimated assessed valuations available at the time of the filing of this statement, is $0.01499 per $100 of assessed valuation (or $14.99 per $100,000 of assessed valuation), which is projected to be the same in every fiscal year that the bonds remain outstanding.

N SD 311-050
PR-35M0-MM-3
TAX RATE STATEMENT (CONTINUED)

4. The best estimate of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold is approximately $777,089,013.

Voters should note that estimated tax rate is based on the ASSESSED VALUE of taxable property on the County's official tax rolls, no on the property's market value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above. Property owners should consult their own property tax bills and tax advisors to determine their property's assessed value and any applicable tax exemptions.

Attention to all voters is directed to the fact that the foregoing information is based upon projections and estimates only, which are not binding upon the District. The actual timing of bond sales and the amount of bonds sold at any given time will be governed by the needs of the District, the state of the bond market, and other factors. The actual interest rates on any bonds sold will depend upon market conditions and other factors at the time of sale. The actual assessed valuations in future years will depend upon the value of the property within the District as determined in the assessment and equalization process. Therefore, the actual tax rates and the years in which such rates are applicable may vary from those presently estimated as stated above.

Sunita V. Cooke, Ph.D.
Superintendent President
MiraCosta Community College District

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Measure MM Agenda Description

Agenda of July 13, 2016 (complete item)

VIII. ACTION ITEMS

B. Adopt Resolution No. 116/17 Ordering an Election and Establishing Specifications of the Election Order

Subject:
Adopt Resolution No. 116/17 Ordering an Election and Establishing Specifications of the Election Order

Attachment:
Resolution No. 116/17

Category:
Action Items

Type of Board Consideration:
Information Consent Action X

Approved for Consideration:
Sunita V. Cooke, Ph.D.
Superintendent/President

BACKGROUND

As a means to finance the 2016 Facilities Master Plan Update, the Board of Trustees authorized investigating the viability of a general obligation bond for the November 2016 election ballot. The board has engaged in a series of informational workshops in the 2015/16 academic year, culminating with a board workshop on June 29, 2016.

STATUS

The resolution before the Board of Trustees calls an election within the district for the purpose of approving general obligation bonds, requests that the San Diego County Registrar of Voters conduct the election on behalf of the district, and authorizes the preparation of election materials, including ballot arguments and tax rate statement to be included in the ballot pamphlet.

State law requires the Board of Trustees to order community college district bond elections. The 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 seventy-five-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 Registrar of Voters and 68 the County Board of Supervisors. State law requires that two-thirds of a school board support the resolution calling an election requiring fifty-five-percent (55%) voter approval. At least five (5) board members must vote "Yes" in order to call the election.

RECOMMENDATION

Adopt Resolution No. 116/17, of the Board of Trustees of the MiraCosta Community College District, ordering an election and establishing the specifications of the election order.

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Measure MM Resolution

RESOLUTION NO. 1-16/17
RESOLUTION OF THE BOARD OF TRUSTEES OF THE
MIRACOSTA COMMUNITY COLLEGE DISTRICT
ORDERING AN ELECTION, AND ESTABLISHING
SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, MiraCosta College is an essential community resource and provides an outstanding education and career training to students in our area, from Carmel Valley in the south to Camp Pendleton in the north, and more than one-third of local high school graduates rely on MiraCosta College for higher education and to prepare for careers; and

WHEREAS, MiraCosta College is an essential part of the North County economy, as leading local employers rely on the college's specialized training programs to train local workers in biotech, aerospace, high-tech manufacturing, biomanufacturing, engineering, computer science, nursing, hospitality and other industries; and

WHEREAS, MiraCosta College is one of three colleges in the nation that provides unique training in high threat security to veterans; and

WHEREAS, the Board of Trustees (the "Board") of the MiraCosta Community College District (the "District"), has determined that certain educational facilities need to be constructed, renovated, acquired and equipped, in a fiscally prudent manner, to enable the District to maintain MiraCosta College as valuable community resource that provides an affordable education to approximately 30,000 local students and veterans per year 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 MiraCosta College, and the high quality, affordable college option it provides; 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, particularly in science, healthcare, technology and skilled trades, and increase opportunities for local students to earn college credits, certifications and job skills at a reasonable price; and

WHEREAS, MiraCosta College has served thousands of military veterans, many of whom have recently returned from war zones and face post-traumatic stress disorder and permanent disabilities and need better access to job training programs and facilities, and need to be trained or retrained as they re-enter the civilian workforce; and

WHEREAS, the State is not providing the District with enough money for the District to adequately maintain MiraCosta College's educational facilities and academic programs; and

WHEREAS, it has been more than fifty years since MiraCosta College passed a local bond measure to improve its facilities, and even though the College has done an excellent job maintaining its facilities with limited funds, extensive improvements and upgrades are needed to continue providing quality education and career training; and

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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, a local measure will make the District eligible to receive State matching funds; 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 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 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, healthcare, and other technical vocational careers, by means of a general obligation bond issued in a financially prudent manner; and

WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39"), which reduced the voter threshold for ad valorem tax levies used to pay for debt service or bonded indebtedness to 55 percent 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 that are contained in Proposition 39 and the Act; and

WHEREAS, the Board determines that, in accordance with Opinion No. 04-110 of the Attorney General of the State of California, the restrictions in Proposition 39, which prohibit any bond money to be used for administrator salaries and other operating expenses of the District shall be strictly monitored by the District's Citizens' Oversight Committee; and

WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the Proposition 39 limits per year per $100,000 of assessed valuation of taxable property; and

WHEREAS, Elections Code Section 9400 et seq. requires that a tax rate statement be contained in all official materials, including any ballot pamphlet prepared, sponsored or distributed by the District, relating to the election; and

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

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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 November 8, 2016, and to request the San Diego County Registrar of Voters to perform certain election services for the District; and

WHEREAS, in the judgment of the Board, it is advisable to request the San Diego 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 MIRACOSTA COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the Board, pursuant to Education Code Sections 15100 et seq., Sections 15264 et seq. and Government Code Section 53506, hereby requests the San Diego 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 $455,000,000 (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.

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 needs of returning veterans, 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;
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  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 the San Diego County Taxpayers 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.
  8. (g) that prior to the issuance of bonds for the construction of new projects set forth in Exhibit "B", the Board would have received and approved a report from the Superintendent/ President, stating that the District had identified sufficient financial resources to pay for the ongoing maintenance of such projects, and that such a report shall be made available to the Citizens' Oversight Committee for review;
  9. (h) that the District must have a Board approved funding plan to eliminate deferred maintenance and the ongoing reliance on bond revenues; and an approved major repair and replacement funding plan to ensure that both new and renovated facilities do not become maintenance deferred once the backlog has been eliminated, and that such plan should be made available to the Citizens' Oversight Committee and overseen by them;
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  11. (i) that, consistent with then current Board policies, in order to maximize community benefit and efficiently apply taxpayer dollars, the District should pursue all practical opportunities to expand community joint use facilities in every new or expanded school construction project. In pursuing joint use, the District's goal should be to maximize the use of District facilities to the broader community, without adversely impacting district operations or finances. Examples of appropriate joint use provisions for incorporation into construction plans include, but are not limited to, additional and expanded library facilities, recreational/physicaleducation facilities, computer labs, meeting rooms and childcare and health care facilities.
  12. The Board shall direct staff to implement the following procedures:

    • Prior to the obligation of funds for new facilities or facilities expansion construction that likely would be appropriate for joint use, a joint use implementation report shall be presented in writing to the Citizens' Oversight Committee and approved by the Board of Trustees.
    • The joint use implementation report shall include the following minimum information:
    • Project description.
    • List and description of joint use elements that could potentially be incorporated into the project.
    • List of agencies and organizations contacted regarding potential joint use elements, including description of how agencies and organizations were contacted.
    • For each agency or organization contacted:
    • Joint use development criteria discussed or developed for the project.
    • Equity of contribution considerations discussed or developed for the project.
    • Description of joint use elements that will be incorporated into the project.

    In addition, it is the intention of the Board to make official, policy level contacts with overlapping public jurisdictions, in order to make joint-use and the efficient application of taxpayers' dollars a priority of all agencies serving district boundaries. Agencies contacted should include, but not be limited to all public agencies within the District's service area, as well as the San Diego County, public school districts, and transit agencies;

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  13. (j) that prior to the issuance of the bonds, the District shall apply industry standard prequalification standards to bidders on all new projects set forth in Exhibit "B" so that the District can be confident that all contractors, at all times, are qualified to bid on, work on, and complete such projects;
  14. (k) the District will promote fair and open competition for all District and 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. The District, , of any Board discussion and/or vote;
  15. (l) that in connection with the establishment of a Citizens' Oversight Committee, the Board shall comply with Education Code Sections 15278 et seq., and beyond the requirements set forth therein, :
    1. (i) large-scale construction operations;
    2. (ii) municipal/public finance matters;
    3. (iii) multiple-years expertise with agency/entity budgeting (which may include public agency or public entity budgeting);
    4. (iv) construction-related project management; and
    5. (v) real estate acquisition or sales.
  16. (m) All annual assessed value growth assumptions within any proposed financing will be the lesser of a) the average of the past ten years or b) five percent (5%).

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 San Diego County Registrar of Voters and, the San Diego 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, and 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 the San Diego 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 the San Diego County Registrar 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 issued pursuant to Government Code Section 53506. The maximum rate of interest on any bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531. The Board approves the filing of a Tax Rate Statement and primary and rebuttal arguments, as appropriate, and directs their publication in accordance with the requirements of the Elections Code.

Section 10. That the Board requests the governing body of any such other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such election and to further provide that the canvass be made by any body or official authorized by law to canvass the returns of the election, and that the Board consents to such consolidation.

Section 11. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the San Diego County Board of Supervisors is requested to permit their Registrar of Voters to render all services specified by Elections Code Section 10418, for which services the District agrees to reimburse San Diego County such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Section 9401 of the Elections Code) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.

ADOPTED, SIGNED AND APPROVED this 13th day of July 2016.

BOARD OF TRUSTEES OF THE
MIRACOSTA COMMUNITY COLLEGE
DISTRICT

By
David Broad, Ph.D., President,
Board of Trustees

Attest:

Sunita V. Cooke, Ph.D.,
Secretary, Board of Trustees

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STATE OF CALIFORNIA )
)ss
SAN DIEGO COUNTY )

I, Sunita V. Cooke, Ph.D., do hereby certify that the foregoing is a true and correct copy of Resolution No. 116/17, which was duly adopted by the Board of Trustees of the MiraCosta Community College District at a meeting thereof held on the 13th day of July 2016, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By
Sunita V. Cooke, Ph. D., Superintendent President

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