Southwestern College: Vote Yes on Measure Z 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 Z

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 Z Question

SCHOOL
SOUTHWESTERN COMMUNITY COLLEGE

MEASURE Z SOUTHWESTERN COLLEGE AFFORDABLE EDUCATION, JOB TRAINING/ VETERAN SUPPORT MEASURE. To repair/ upgrade local community college campuses, prepare students/ for jobs/ university transfer, , electrical wiring, gas, water/ sewer lines, remove / lead paint, improve energy efficiency/ campus safety/ security, upgrade, acquire, repair, construct classrooms/ labs/ sites/ facilities/ equipment, shall Southwestern Community College District issue $400 million in bonds at legal rates, no money for administrators' salaries/ pensions, independent audits, citizen oversight, 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 Z

COUNTY COUNSEL IMPARTIAL ANALYSIS

This measure was placed on the ballot by the governing board of the Southwestern 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 $400,000,000 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 592-132
PR-11S0-Z-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 $400,000,000 in general obligation bonds.

A "NO" vote is a vote against authorizing the District to issue and sell $400,000,000 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 Z

N SD 592-134
PR-11S0-Z-4

ARGUMENT IN FAVOR OF MEASURE Z

Southwestern Community College Affordable Education
Job Training & Veterans Support Measure

Make College Affordable.
The cost of California's public universities has skyrocketed. South Bay students rely on Southwestern College to improve job skills, earn an associate degree, and transfer to 4-year colleges and universities. Measure Z ensures Southwestern College can provide affordable, quality higher education for students and working families throughout the South Bay.

Prepare Students for 21st Century Careers.
Technology has changed our economy. Many workers, including 70% of nurses and 80% of law enforcement, attend community colleges to learn essential science and computer skills. Measure Z will build state-of-the-art classrooms and expand technology training programs to prepare students for 21st century careers and find better-paying jobs in fields like biotech, engineering, healthcare.

Accountability & Transparency.

  •  Independent Citizens Oversight Committee.
  •  Funds must be spent locally.
  •  Mandatory Annual Fiscal Audits.
  •  No Funds for Administrators' Salaries.
  •  100% Transparency Rating - San Diego Taxpayers Association

Affordable Job Training and Vocational Education.
Many good-paying careers don't require 4-year degrees, but do require career technical training. Measure Z ensures Southwestern College provides a positive alternative for students seeking vocational training and workers who need to learn new job skills later in life.

Assist Veterans Re-Entering the Workforce.
Southwestern College serves thousands of military veterans, many of whom recently returned from war zones and face tough challenges. Measure Z expands veterans' services and job training to help returning veterans complete their education and re-enter the workforce.

Critically Needed Repairs.
Many Southwestern College classrooms were built 50 years ago and are outdated, deteriorating and run down. Measure Z makes urgently needed repairs, including removing asbestos and lead paint, improving fire/earthquake safety, renovating electrical, gas and sewer lines, fixing leaky roofs, and repairing classrooms and labs.

YES ON MEASURE Z
Making College and Job Training Affordable

JIM MAHLER
President, American Federation of Teachers

BOB MUFF

LINDA LEGERRETTE
Director,

NICK SEGURA
Director San Diego Electrical Job Training Center

VINCENT ALEXANDER AVILA-WALKER
President, Southwestern College Student Veterans Organization

  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 Z

N SD 592-135
PR-11S0-Z-5

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE Z

Measure Z's tax increase is unfair to seniors and fixed income property owners.

Why another bond so soon? How can Southwestern still claim leaky roofs, rusty pipes or unsafe conditions after spending all the prior bond money voters approved? Was bond money wasted on pools, AstroTurf, bleachers or theaters instead of classrooms and student safety? WAS PRIOR BOND MONEY WASTED ON NO BID CONTRACTS TO FRIENDS AND SUPPORTERS? How can voters trust Southwestern not to waste this money too?

Measure Z would give Southwestern an additional $400 million at a cost of $771.6 million to taxpayers over decades.

A $500,000 property can expect $125 more taxes per year for decades if Measure Z passes. Worse the estimated high of $25 per $100,000 is not guaranteed. IT COULD BE HIGHER!

You already pay taxes for your elementary schools' bonds and these districtwide taxes:

Countywide Proposition 13
Sweetwater High School District, Bond 2000
Sweetwater High School District, Bond 2006
Southwestern Community College, Bond 2000
Southwestern Community College, Bond 2008
Metropolitan Water District

STOP TAXING US TO DEATH!

District's promised Citizens' Bond Oversight Committee is a toothless tiger. Measure Z lacks a specific prioritized project list with estimated costs so voters and Citizens' Bond Oversight Committee can measure accountability.

Worse, many bond funded contracts will be handed out without competitive bidding that has historically protected schools from wasted funds, fostered healthy market competition, allowed all qualified bidders a fair opportunity to participate and protected against fraud, favoritism, corruption. Google: Sweetwater school pay to play OR Fresno Leaseback FBI Arax.

Vote NO until these problems are fixed.

www.CalTAN.org

M. KEVIN O'NEILL,
President California Taxpayers Action Network

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

Argument Against Measure Z

N SD 592-136
PR-11S0-Z-6

ARGUMENT AGAINST MEASURE Z

Don't be a victim of The School Bond Scam! (www.schoolbondscam.org)

News articles and campaign finance disclosures show Wall Streeters, contractors and consultants pay money to pass school bonds for their immediate profit leaving each taxpayer with decades of additional debt. Google: "Local School Bonds: Big Donors Win Big Contracts" OR Orange County Register's "Bankers Push School Bonds for C.A.S.H."

The School Bond Scammers gladly pay to pass bonds anticipating school boards will reward them with inflated no bid contracts in return. Google: Sweetwater school pay to play OR Fresno Leaseback FBI Arax.

Voice of San Diego's August 6, 2012 investigative report revealed Poway School District's "Capital Appreciation Bonds" put their taxpayers on the hook to pay back about $1 billion for their $105 million bond. Google: "Thanks a Billion"

California Taxpayers Action Network (www.caltan.org) is not against all school bonds and has supported those (i.e. Walnut Valley Unified School District) that contain proper internal controls to prevent waste and encourage good value for taxpayers.

This bond does not include such taxpayer protections. Contracts can be handed to favored contractors and consultants without regard to price!

Worse, this bond lacks a prioritized Project List with estimated project costs for each and a commitment to build the proposed projects in the promised prioritized order. This bond allows pet projects to be built instead of necessary ones.

Why does District need another bond so soon after their last one? Did they handout over priced contracts and put in astroturf fields with the last bond instead of making needed classroom repairs?

Vote NO until they propose a better bond next election.

California Taxpayers Action Network is a San Diego based all-volunteer, statewide network of taxpayer advocates who promote sound fiscal policies, practices and business methods by government entities for the public's benefit and protection.

M. KEVIN O'NEILL
President, California Taxpayers Action Network

MATY ADATO

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

Rebuttal to Argument Against Measure Z

N SD 592-137
PR-11S0-Z-7

REBUTTAL TO ARGUMENT AGAINST MEASURE Z

THE OPPONENTS HAVE THEIR FACTS WRONG. . .

Measure Z is designed to protect taxpayers and make college affordable for South Bay residents.

Ironclad Taxpayer Safeguards.

  •  All funds, by law, must be spent locally.
  •  Annual, independent financial audits account for every penny.
  •  Independent Oversight Committee reviews every expenditure.
  •  Total transparency. Every project listed on the ballot and online here: www.swccd.edu/FMP
  •  NO funds for administrators' salaries/pensions.
  •  Funding Sacramento can NOT take away!

Trusted By Taxpayer Advocates
The supports Measure Z. Southwestern College was awarded a 100% Transparency Rating from the San Diego Taxpayers Association for its school bond oversight program.

South Bay's Affordable College
For over 50 years, working people in South Bay have relied on Southwestern College for an affordable, quality education and path to the middle class. Measure Z will renovate classrooms, expand job training and upgrade technology to enable a new generation of students to pursue careers, earn associate's degrees and transfer to 4-year colleges.

Supporting Returning Veterans
Thousands of returning heroes have attended Southwestern College's nationally renowned Veteran's Programs to complete their education and re-enter the workforce. Measure Z provides urgently needed funds to support Southwestern's Veterans Programs.

Critically Needed Classroom Repairs

  •  Replace dangerously outdated electrical systems and deteriorating roofs.
  •  Remove hazardous asbestos and lead paint from student classrooms.
  •  Improve fire/earthquake safety.

Interest rates and construction costs are at record lows. Putting off urgent repairs would cost us millions more – funds Southwestern College needs to keep college affordable.

YES ON MEASURE Z
Making College and Job Training Affordable

LUCAS RATHE

NICK SEGURA
Director San Diego Electrical Job Training Center

VINCENT AVILA-WALKER
President, Southwestern College Student Veterans Organization

JIM MAHLER
President, American Federation of Teachers

SCOTT BARNETT
President, TaxpayerAdvocate.org

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

Full Text of Measure Z

B-1

EXHIBIT B

FULL TEXT BALLOT PROPOSITION

SOUTHWESTERN COMMUNITY COLLEGE DISTRICT

BOND MEASURE ELECTION NOVEMBER 8, 2016

"SOUTHWESTERN COLLEGE AFFORDABLE EDUCATION, JOB TRAINING/ VETERAN SUPPORT MEASURE. To repair/ upgrade local community college campuses, prepare students/ veterans for jobs/ university transfer, repair deteriorating roofs, electrical wiring, gas, water/ sewer lines, remove asbestos/ lead paint, improve energy efficiency/ campus safety/ security, upgrade, acquire, repair, construct classrooms/ labs/ sites/ facilities/ equipment, shall Southwestern Community College District issue $400 million in bonds at legal rates, no money for administrators' salaries/ pensions, independent audits, citizen oversight, all funds used locally?"

Bonds - Yes Bonds – No

PROJECTS

The Governing Board of the Southwestern Community College District, to be responsive to the needs of its community, evaluated Southwestern 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, safety issues, job training facilities, 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 Vision 2025 and incorporated herein by reference in its entirety, and available for review on the District's website (www.swccd.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, Southwestern College would be unable to remain competitive in preparing students for jobs in high demand industries and university transfer. The Governing Board determines that Southwestern College MUST:

  1. (i) Increase opportunities for local students to earn college credits, certifications and job skills at reasonable prices and transfer to four-year colleges and universities;
  2. (ii) Expand and improve job training and education programs that prepare students for careers in a 21st Century economy;
  3. (iii) Expand and improve the Veteran services and job training;
  4. (iv) Continue training local workers and partnering with local industries in biotech, high-tech manufacturing, nursing, engineering, and fire and paramedic services;
  5. (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;
  6. (vi) PROVIDE LOCAL SOUTH COUNTY STUDENTS WITH AN AFFORDABLE, HIGH-QUALITY EDUCATION;
  7. B-2

  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.

The following 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 Support Core Subjects

Goals and Purposes: The cost to attend the California public universities has risen to at least six times that of attending a community college, therefore, more local students and their families rely on Southwestern College to start their education and save tens of thousands of dollars. Additional funds are needed to ensure local students have the opportunity to earn collect credits and certifications, learn job skills at a reasonable price, and transfer to four-year universities.

The increase in campus shootings has made security more vital than ever. This measure will help make our local community college and higher education centers safer places for students to learn. Funds will be used to upgrade campus security and emergency communications systems, campus lighting, signage, cameras, and door locks, ensuring the safety and security of students.

  • Replace deteriorating infrastructure, including gas, water and sewer lines.
  • Improve energy and water use efficiency.
  • Improve student safety and campus security systems, including security cameras, locks and lighting, telecommunication notification systems and other emergency power and emergency communications systems.
  • Repair leaky roofs, and outdated electrical wiring.
  • Update campus facilities to improve access for students with disabilities.
  • Remove asbestos and lead paint from classrooms.

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: Computer and technology have changed the economy. No longer can a person rely on a low-skill manufacturing job to earn a decent living. This measure provides Southwestern College with the funds needed to expand and improve job training and education programs that prepare students for careers in 21st Century economy.

B-3

Southwestern College and its higher education centers have served thousands of military veterans, many of who have recently returned from war zones and face challenges including post-traumatic stress disorder and permanent disability. This measure will upgrade and expand veteran services and job training so returning Service Members receive the support they need to complete their education and enter the civilian workforce.

Southwestern College and its higher education centers provide excellent training that prepares students to transfer to UC and Cal State schools to complete their Bachelor's degrees. They also allow high school students to get a jump start on earning college credit by taking college courses before they even graduate. This measure will ensure we can continue to offer this caliber of education while saving families money on the first few years of tuition.

  • Expand and improve facilities which provide job training, counseling, and support services to military veterans and their families.
  • Upgrade classrooms, science labs and technology classrooms to better prepare students to transfer to four-year colleges and universities.
  • Upgrade and construct vocational and job training classrooms.

* * *

FISCAL ACCOUNTABILITY

This bond measure has strict accountability requirements including:

1. All money will benefit Southwestern 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 PERFORMED ANNUALLY, AND ALL BOND EXPENDITURES WILL BE MONITORED BY AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO ENSURE THAT FUNDS ARE SPENT AS PROMISED AND SPECIFIED. THE CITIZENS' OVERSIGHT COMMITTEE MUST INCLUDE, AMONG OTHERS, REPRESENTATION OF A BONA FIDE TAXPAYERS ASSOCIATION, A BUSINESS ORGANIZATION AND A SENIOR CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS' OVERSIGHT COMMITTEE.

B-4

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 ; , 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 large lecture classrooms; , 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; 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, business and computer technology center, academic success center, classrooms and labs at National City, Otay Mesa and San Ysidro Centers, buildings for automotive, journalism, maintenance and operations, language arts, administration, student services, institutional technology, general education, , , physical education/aquatic facilities, gym, locker rooms, track replacement, support buildings, instructional buildings, athletic fields, 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, wiring infrastructure, including Internal Distribution Frames, and infrastructure for Data Centers to insure reliable power sources, expanding wireless internet access, acquire portable interface devices, computers, 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 B-5 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 allocation of bond proceeds may be affected by 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 Z Tax Rate Statement

TAX RATE STATEMENT

An election will be held in the Southwestern Community College District (the "District") on November 8, 2016, for the purpose of submitting to the electors of the District the question of incurring a bonded indebterdness of the District in a principal amount of $400,000,000. If such bonds are authorized and sold, the principal thereof an 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 provided to comply with Section 9401 of the Election Code of the State of California. 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 assessed valuations of taxable property in the District, and assuming the entire debt service, including principal and interest on the bonds, will be paid through property taxation:

1. The best estimate from official sources of the tax rate which would be required to be levied to fund the bonds issue during the first fiscal year after the first sale of bonds, and an estimate of the year in which that tax rate will apply is $0.0250 per $100, or $25.00 per $100,000 of assessed valuation of all property to be taxed in fiscal year 2017-2018.

2. The best estimate from official sources of the tax rate which would be required to be levied to fund the bonds issue during the first fiscal year after the last sale of bonds and an estimate of the year in which that rate will apply is $0.0250 per $100, or $25.00 per $100,000 of assessed valuation of all property to be taxed in 2029-2030.

3. The best estimate from official sources of the highest tax rate which would be required to be levied to fund the bond issue and an estimate of the year in which that rate will apply is $0.0250 per $100 or $25.00 per $100,000 of assessed valuation of all property to be taxed in fiscal year 2017-2018.

N SD 592-133
PR-11S0-Z-3
TAX RATE STATEMENT (CONTINUED)

4. The best estimate from official sources of the total debt service, including principal and interest which would be required to be repaid by tax rates levied on taxable property, if all the bonds are issued, sold and paid as projected would be $ 771,677,155.

The attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only. The actual tax rates and the years in which they will apply may vary from those presently estimated due to variations from these estimates in the timing of bond sales, the amount of bonds sold, and the market interest rates at the time of the sales, and the actual assessed valuations over the term of repayment of the bonds. The date of sale and the amount of bonds sold any given time will be determined by the District based on its need for construction funding as well as other factors. The actual interest rates at which the bonds will be sold will depend on bond market conditions at the time of sale. Actual assessed valuations at future dates will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the County of San Diego in the annual assessment and the equalization process. Accordingly, the actual tax rate and the years in which such rates are applicable may vary from those presently estimated above.

Acting Superintendent/President
Southwestern Community College District

Timothy Flood
Dated: 8-10-16

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Measure Z Agenda Description

Agenda of August 9, 2016 (complete item)

Agenda Item Details

Meeting
Aug 09, 2016 - GB Regular Meeting
Category
ADOPTION OF RESOLUTION(S)
Subject
Resolution No. 1974 Ordering an Election, and Establishing Specifications of the Election Order (Flood/Yanda)
Type
Action
Fiscal Impact
No
Recommended Action
Adopt Resolution No. 1974 Ordering an Election, and Establishing Specifications of the Election Order, Authorizing a Bond Election for November 8, 2016.


SUBMITTED BY:  Tim Flood, Acting Superintendent/President

 

INITIATED BY:    Wayne Yanda, CPA, Acting Vice President for Business and Financial Affairs

 

OVERVIEW

 

The resolution before the Governing Board 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 Governing Board to order community college district bond elections.  Each Registrar of Voters will conduct the election on behalf of the District, including publishing all required notices.  This resolution meets the statutory requirements for describing the projects to be funded with the proceeds of the bonds, which is included as Exhibit B to the resolution.  A 75-word summary of the measure, as it will appear on the ballot, is also included in the resolution as Exhibit A.  The resolution also authorizes the preparation and filing of a tax rate statement, which must be included in the ballot pamphlet and describes the anticipated rates of tax throughout the life of the bond issue.  The resolution also authorizes, but does not commit, the Governing Board and/or individual members of the Governing 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 the Board of Supervisors. State law requires that two-thirds of a school board support the resolution calling an election requiring 55% voter approval.  At least four (4) Governing Board members must vote “Yes” in order to call the election.

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Measure Z Resolution

RESOLUTION NO. 1974

RESOLUTION OF THE GOVERNING BOARD OF THE
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT
ORDERING AN ELECTION, AND ESTABLISHING
SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, Southwestern College is an essential community resource and provides an outstanding education and career training to students in South County, and local high school graduates rely on Southwestern College for higher education and to prepare for careers; and

WHEREAS, Southwestern College is an essential part of the South County economy, as leading local employers rely on the college's specialized training programs to train local workers in biotech, manufacturing, engineering, nursing, and other industries; and

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

WHEREAS, the costs of attending California's public universities has risen to at least six times that of attending a community college, and more local students are relying on community colleges, such as Southwestern College, and the high quality, affordable college option they provide; and

WHEREAS, in today's competitive job environment, the District must continue providing important training and education for local residents entering the workforce for new 21st Century careers, particularly in biotech, engineering and skilled trades, and increase opportunities for local students to earn college credits, certifications and job skills at a reasonable price; and

WHEREAS, Southwestern 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 improve Southwestern College's educational facilities and academic programs; and

WHEREAS, the Board has received information regarding the feasibility of a local bond measure and the District's bonding capacity; and

WHEREAS, a local measure will provide funds that cannot be taken away by the State to support local college transfer and job training; and

WHEREAS, a local measure will make the District eligible to receive State matching funds; and

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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, biotech, 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 which are contained in Proposition 39 and the Act; and

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

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

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

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

WHEREAS, pursuant to the Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on November 8, 2016, and to request the San Diego County Registrar of Voters to perform certain election services for the District; and

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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 GOVERNING BOARD OF THE SOUTHWESTERN 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 $400,000,000 (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;
  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 all 4 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
  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.

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.

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.

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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 9th day of August, 2016.

GOVERNING BOARD OF THE SOUTHWESTERN
COMMUNITY COLLEGE DISTRICT

By
Nora E. Vargas
Governing Board President

Attest:

Tim Flood
Acting Secretary to the Governing Board

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STATE OF CALIFORNIA )
)ss
SAN DIEGO COUNTY )

I, Tim Flood, do hereby certify that the foregoing is a true and correct copy of Resolution No. 1974 which was duly adopted by the Governing Board of the Southwestern Community College District at meeting thereof held on the 9th day of August 2016, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By
Tim Flood, Acting Superintendent/President

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