Commentary on Measure W

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, hover overCriticalExample commentary. it to see the commentary.

Measure W Question

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EXHIBIT A

"WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT LOCAL, AFFORDABLE, CAREER/JOB TRAINING, REPAIR, VETERAN SUPPORT MEASURE. To upgrade educational facilities/technology to prepare students/veterans for 21st-century jobs, university transfer; update science, engineering, math classrooms, labs for nursing/healthcare careers; acquire, construct, repair, classrooms, facilities, sites, equipment; shall West Valley-Mission Community College District's measure authorizing $698,000,000 in bonds at legal rates, levying $13/$100,000 assessed value averaging $39,000,000 annually while bonds are outstanding, be approved, with oversight, audits, no money for administrators' salaries/ pensions?"

Bonds - Yes Bonds – No

Impartial Analysis for Measure W

PR-8400-1-ENG

MEASURE W

COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE W

Measure W would authorize issuance of $698,000,000 in bonds to fund educational facilities projects in the West Valley-Mission Community College District (District). Such bonds are financial instruments used by districts to borrow money that is repaid by a property tax levy. California law allows community college districts to propose bond measures to authorize the issuance of bonds. To pass, the Measure must be approved by 55 percent of voters who vote in the election. The Measure was put on the ballot by Board of Trustees (Board) of the District.

Money generated by the bonds can only be used for the purposes that are set out in the full text of the Measure. The Measure says that the money could be used for the following purposes, among others:

• • Upgrading and updating school facilities, including classrooms and labs;
• • Repairing or replacing aging buildings; and
• • Repairing or replacing roofs, cooling, plumbing, water, sewer, and electrical systems.

A complete list of projects and allowed expenditures is included within the full text of the Measure. The Board has certified that it has evaluated safety, class size, and information technology needs in developing its project list.

Under the California Constitution, money generated by community college bond measures cannot be used for teacher and administrator salaries or pensions, or other operating expenses. The California Constitution requires the District to hire an independent professional to annually examine how the District is spending bond money. State law also requires the District to establish an independent citizens' oversight committee to ensure that money generated by the bonds is used only for the projects included in the Measure.

The bonds will be repaid from taxes collected on property in the District. The amount of the tax paid will depend on the assessed value of the property. The District's best estimate of the highest tax rate to be collected to repay the bonds is $13.00 per $100,000 of the assessed value of the property. The District's best estimate of the total amount, including interest, that will be required to repay the bonds is $1,287,907,440. The District estimates that the final year that taxes will be collected to repay the bonds is fiscal year 2049-2050.

A "yes" vote is a vote to authorize the issuance of the bonds in the amount of $698,000,000 to be repaid by collection of taxes on property located within the District.

A "no" vote is a vote to not authorize the issuance of the bonds.

James R. Williams
County Counsel

By: /s/ Danielle L. Goldstein
Deputy County Counsel

Argument in Favor of Measure W

PR-8400-5-ENG

ARGUMENT IN FAVOR OF MEASURE W

Maintain affordable education and job training for local students and veterans—Vote YES on W!

West Valley and Mission Colleges are an essential resource for students seeking university transfer, returning students seeking a career change, and for specialized job training.

YES on W continues to provide local, high-quality, affordable job-training programs for our community, including veterans returning to civilian life.

YES on W helps keep our local community colleges affordable. As the cost of U.C and Cal State University continues to rise, West Valley and Mission Colleges together serve the communities of Campbell, Cupertino, Los Gatos, Monte Sereno, Santa Clara, Saratoga, Sunnyvale, and San Jose–saving families across our region thousands of dollars!

YES on W ensures every penny from this measure will benefit West Valley-Mission campuses and students. All Measure W funding must be spent locally and cannot be taken away by Sacramento.

We need Measure W!

YES on W will improve services for returning veterans with financial aid, registration and access to affordable job-training programs.

YES on W prepares students for 21st century jobs in this fast-paced, competitive environment–we must continue to update educational facilities and technology that prepares students for today's jobs!

YES on W provides career technical education in in-demand fields like nursing, firefighting and healthcare with updated science, engineering and math labs.

Measure W is fiscally accountable–by law, Measure W requires published independent financial audits and oversight by an Independent Citizen's Oversight Committee to ensure all funds are spent as promised.

NO Measure W money can be spent on administrators' salaries or pensions. NO money can be taken by the state. All funds must be spent on our local community colleges.

Join students, teachers, veterans, local employers, business and community leaders–Vote YES on W!

Rebuttal to Argument in Favor of Measure W

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE W

Shouldn't you have the right to work where you pay taxes?

The Construction Craft Professional Demand in California is 383,554 through August 2021. Byf.org. All available workers and apprentices will be needed to ensure a successful Measure W.

Most California Community College Districts do not force their construction contractors to sign union agreements. But the West Valley-Mission Community College District will require contractors to sign a "Project Labor Agreement" (PLA) with unions to work on a majority of Measure W projects.

For years, West Valley-Mission operated with a construction bidding policy that ensured a fair playing field regardless of labor affiliation and delivered quality workmanship our community could count on.

Unfortunately, that ended in 2018 when the Board of Trustees voted to prevent a majority of local workers including West Valley-Mission graduates and veterans from building their community.

Now, your friends, your neighbors and young aspiring construction professionals can't get a fair shot at the work here in their backyard to help provide for their families. Instead, out of town workers are working here and taking your tax dollars back to their communities.

Studies show this could cost taxpayers 15-20% more. That's $104.7M.

As a result, only four buildings can be built for the price of five.

Please do not endorse this type of discrimination with your vote. Send the bond back to the drawing board and tell these politicians to fix it so all workers can build their community.

Argument Against Measure W

PR-8400-6-ENG

ARGUMENT AGAINST MEASURE W

Vote no on Measure W

Most California school districts do not force their construction contractors to sign union agreements. But West Valley-Mission Community College District will require contractors to sign a "Project Labor Agreement" (PLA) with unions to work on most school projects funded by bonds.

This union agreement discourages many responsible contractors from bidding on district construction projects. As a result, taxpayers may not be getting the best quality construction at the best price.

The school district's union agreement is negotiated and signed by union officials. It requires construction contractors to use a union "job referral system" or register their workers with unions. All workers must pay union dues and application fees. Workers must have their benefits paid into union-affiliated trust funds which they will likely never see. All apprentices must come from union programs.

Back-room deals like this hurt local business and motivate industrious young people to leave CA.

Please do not endorse this type of discrimination with your vote. Send the bond back to the drawing board and tell these politicians to fix it to include all workers. All workers deserve the right to work in Santa Clara County.

And remember, while the bond is described as $698 million, it's more likely to cost you $1.17 billion. Bond are like home mortgages, they have to be paid back with interest...lots and lots of interest over the next 25-30 years.

Lastly, the District says part of these funds will be used to upgrade technology. Technology that will be obsolete in 5-6 years, but the payments for that technology will go on for decades, long after that technology has been thrown into the recycling bin.

Vote NO on Measure W

For more information: www.SVTaxpayers.org/2018-measure-w

Rebuttal to Argument Against Measure W

REBUTTAL TO ARGUMENT AGAINST MEASURE W

Don't be fooled by special interests that come out against schools and students every election. Partisan rhetoric has nothing to do with the education and job training our local students and returning veterans need.

We have a choice–students, veterans and local residents, or unrelated third party special interests?

Here are the facts the opposition wants you to ignore to advance their own agenda:

FACT: Maintaining affordable, quality education requires a 21st century learning environment. YES on W ensures students, veterans, and local residents can continue to obtain the education and job skills they need for today's fast-paced environment.

FACT: Many young adults rely on our local community colleges to prepare them for universities. YES on W ensures local families can continue to save money on the first few years of tuition.

FACT: Returning veterans rely on our local community colleges. YES on W ensures our veterans get the support they need, and can successfully complete their education and reenter the civilian workforce.

FACT: Local healthcare and public safety professionals are trained at our local community colleges. YES on W will ensure our local workforce is well-trained for critical work that keeps our communities healthy and safe.

Our local community colleges are critical for students, veterans, and families–saving families money and preparing students for university transfer and for the local jobs of today. Join us in voting YES on W to support our local community colleges.

Full Text of Measure W

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EXHIBIT B

FULL TEXT BALLOT PROPOSITION

WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT

BOND MEASURE ELECTION NOVEMBER 6, 2018

"WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT LOCAL, AFFORDABLE, CAREER/JOB TRAINING, REPAIR, VETERAN SUPPORT MEASURE. To upgrade educational facilities/technology to prepare students/veterans for 21st-century jobs, university transfer; update science, engineering, math classrooms, labs for nursing/healthcare careers; acquire, construct, repair, classrooms, facilities, sites, equipment; shall West Valley-Mission Community College District's measure authorizing $698,000,000 in bonds at legal rates, levying $13/$100,000 assessed value averaging $39,000,000 annually while bonds are outstanding, be approved, with oversight, audits, no money for administrators' salaries/ pensions?"

Bonds - Yes Bonds – No

PROJECTS

The Board of Trustees of the West Valley-Mission Community College District, to be responsive to the needs of its community, evaluated West Valley College's and Mission College's urgent and critical facility needs, and its capacity to provide students, and Veterans with support and job training facilities, an affordable education and prepare them for success in college and 21^st Century careers. Job training facilities, safety issues, class size and offerings, and information and computer technology were each considered in developing the type of projects to be funded, as such are outlined in the District's West Valley College Educational & Facilities Master Plan and the Mission College 2017 Education & Facilities Master Plan, each incorporated herein by reference in their entirety.

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, the District's Colleges would be unable to remain competitive in preparing students for jobs in high demand industries and university transfer.

The Board of Trustees determines that West Valley College and Mission College MUST:

1. (i) Maintain affordable education for local students and returning veterans;
2. (ii) Repair or replace leaky roofs, heating, cooling, plumbing and electrical systems;
3. (iii) Improve educational resources for returning veterans;
4. (iv) Provide up-to-date science, engineering and math labs and 21st Century career preparation;

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5. (v) 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 which are authorized to be undertaken at West Valley College and Mission College, include:

PROVIDE AN AFFORDABLE EDUCATION
FOR LOCAL STUDENTS AND VETERANS:

Basic Upgrade Projects Needed To Make West Valley College and Mission College
A Resource For Students Seeking a Career Change or Specialized Job Training

Goal and Purpose: As the cost of U.C. and Cal State University systems continues to rise, West Valley and Mission Colleges are an essential resource for students – whether seeking university transfer, specialized job training, or as an educational resource for veterans returning to civilian life.

• • Improve access to college facilities for people with disabilities.
• • Update educational facilities and technology to prepare students for 21st Century jobs.
• • Repair or replace leaky roofs, cooling, plumbing, water/ sewer and electrical systems.
• • Replace aging, seismically unsafe building and facilities.
• • Upgrade college safety and security systems, including fire alarms and cameras.

PROVIDE JOB TRAINING AND COLLEGE TRANSFER:

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

Goals and Purposes: Community colleges are an essential resource for returning students seeking a career change or specialized job training. This measure will help West Valley College and Mission College continue providing local, high-quality, affordable job-training programs, such as nursing, engineering and firefighting.

This measure will improve services for veterans returning to civilian life with financial aid, registration, and access to affordable education and career training.

• • Update classrooms and technology to prepare students, veterans and workers for 21st century jobs and university transfers.
• • Upgrade science, and engineering and math labs.

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• • Expand classrooms for nursing, healthcare, engineering, and other technical (STEM) vocational career education programs.
• • Provide facilities to prepare students to transfer to four-year colleges and universities.
• • Improve classrooms and resources for veterans.
• • Improve vocational classrooms and labs for nursing, and firefighting programs.

In addition to the listed projects stated above, the type of authorized projects also include the acquisition of a variety of instructional, maintenance and operational equipment, including interim funding incurred to advance fund projects from payment of the costs of preparation of all facility planning, fiscal reporting, facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated college activities caused by construction projects. In addition, the type of repair, renovation and construction projects: renovate student and staff restrooms; replace aging electrical and plumbing systems; repair and replace heating, ventilation and air conditioning systems; acquire vehicles; upgrade of facilities for energy efficiencies; repair and replace worn-out and leaky roofs, windows, walls doors and drinking fountains; replace or remove outdated buildings and classrooms and construct new classrooms and support buildings; install wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrade facilities to meet current environmental sustainability and State compliance standards; repair and replace fire alarms, emergency communications and security systems; upgrade, resurface, replacing or relocate hard courts, fields, turf and irrigation systems; install artificial turf on athletic fields; upgrade classrooms; build or upgrade facilities, including at Mission College, a new STEM Center, performing arts building, science building, library, student campus center, indoor/ outdoor physical education facilities, and at West Valley College, learning resource center, wellness center, physical education building, STEM classrooms, outdoor physical education facilities and a black box theatre; construct, expand or reconfigure facilities to create large lecture classrooms, college support buildings, administration building, campus centers; upgrade, resurface and recondition existing parking lots, roads and sidewalks; repair, upgrade and install interior and exterior lighting systems; replace water lines and valves and sewer lines; construct, upgrade, acquire or expand multi-use classrooms and labs, fine arts and visual and performing arts facilities, learning resources center, college storage and recycling facilities, swing space, outdoor classrooms/ performance space, child development buildings, field lights, bleachers, box, track replacement, student service/campus center and instructional buildings, and athletic fields; improve water conservation and energy efficiency; acquire land; 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 to reflect wayfinding master plan, bells and clocks; demolition of unsafe facilities; install or upgrade new security systems, such as security (surveillance) cameras, burglar alarms, handrails, outdoor lighting, fencing, landscaping, gates, gateways and classroom door locks; replace sewer lines and improve drainage systems to prevent flooding; upgrade roadway and pedestrian paths and pathways and bridges for improved safety and access for emergency vehicles, site parking, utilities and grounds. The project list also includes the refinancing of outstanding lease obligations and the funding of an endowment for technology and other authorized projects. The upgrading of technology infrastructure includes, but is not limited to, upgrading classroom technology, expanding wireless internet access throughout both college campuses, acquire portable interface devices, servers, switches, routers, modules, sound 80
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DOCSSF/142122v10/022000-0001 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 and funding of a technology endowment. The listed projects will be completed as needed. Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, staff training expenses, a customary contingency, and costs associated with the Total Cost of Ownership of facilities and equipment.

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. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to bond projects. Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code § 53410.

* * *

FISCAL ACCOUNTABILITY

This bond measure has strict accountability requirements including:

1. All money will benefit West Valley College and Mission College campuses and CANNOT BE TAKEN BY THE STATE.

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

3. Require TAXPAYER 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.

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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.

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Measure W Tax Rate Statement

PR-8400-4-ENG

TAX RATE STATEMENT

WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT NOVEMBER 6, 2018

An election will be in the West Valley-Mission Community College District (the "District") on November 6, 2018, to authorize the sale of up to $698,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in multiple series. Principal and interest on the bonds will be payable from the process of tax levies made upon the taxable property in the District. The information regarding tax rates is provided to comply with Section 9401 of the Election Code of the State of California. This 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. 1. The best estimate from official sources of the average annual tax rate that would be required to be levied to fund that bond issue over the entire duration of the bond debt service, based on assessed valuations available at the time of the election or a projection based on experience within the same jurisdiction or other demonstrable factors is 1.3 cents/$100 of assessed valuation ($13/$100,000) of all property to be taxed. The best estimate of the final fiscal year in which the tax is anticipated to be collected is 2049-2050.
2. 2. The best estimate from official sources of the highest tax rate that would be required to be levied to fund that bond issue, and an estimate of the year in which that rate will apply, based on assessed valuations available at the time of the election or a projection based on experience within the same jurisdiction or other demonstrable factors is 1.3 cents/$100 of assessed valuation ($13/$100,000) of all property to be taxed.
3. 3. The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold is $1,287,907,440.

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 TAX RATE STATEMENT-Continued 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 Santa Clara and County of Santa Cruz Ventura 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.

Dated: 8/8/18

/s/ Edralin J. Maduli.
Vice Chancellor, Administrative Services
West Valley-Mission Community College District SC Ballot Type 205 - Page 029

Measure W Agenda Description

Agenda of August 7, 2018 (complete item)

WEST VALLEY-MISSION
COMMUNITY COLLEGE DISTRICT
BOARD OF TRUSTEES MEETING

TUESDAY, AUGUST 07, 2018

Mission College
3000 Mission College Blvd., Santa Clara, CA 95054

6:00 p.m. Public Session Campus Center Room 219
6:01 p.m. Closed Session Campus Center Room 219
7:00 p.m. Public Session TAV-130

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7.0 BUSINESS AND FINANCE

7.4 RESOLUTION ORDERING AN ELECTION AND
ESTABLISHING SPECIFICATION OF THE ELECTION ORDER (A) 69

Recommendation: That the Board of Trustees approve Resolution No. 18080702 ordering an election and establishing specifications of the election order.

7.4 Resolution ordering bond election
Attach. 7.4 Resolution ordering bond election

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ITEM 7.4
AUGUST 7, 2018
ACTION ITEM

PREPARED BY: ED MADULI

APPROVED BY: PATRICK SCHMITT

SUBJECT: RESOLUTION ORDERING AN ELECTION AND ESTABLISHING SPECIFICATION OF THE ELECTION ORDER

CHANCELLOR'S RECOMMENDATION:

That the Board of Trustees approve Resolution No. 18080702 ordering an election and establishing specifications of the election order.

Funding Source/Fiscal Impact

The District will be charged by the Counties of Santa Clara and Santa Cruz for a proportionate share of the cost incurred to conduct the election.

References

This item is associated with the implementation of the West Valley College and the Mission College Educational and Facilities Master Plans and the District Five-Year Capital Outlay Plan.

Background/Alternatives

The Board has held several regular and special Board meetings to consider College and District Services facilities needs. The Board received and discussed a feasibility study to determine the likelihood that voters would approve a Proposition 39 bond measure for the District. At its April 3, 2018 meeting, the Board directed staff to prepare a resolution calling for an educational facility bond election in the amount of $698 million to be held on November 6 2018.

The resolution before the Board calls an election within the District for the purpose of approving general obligation bonds, requests that the Santa Clara 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 are included as Exhibit B to the resolution. A 75-word summary of the measure, as it will appear on the 69 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 fiftyfive 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

The resolution was prepared by the legal firm of Stradling Yocca Carlson and Rauth.

Coordination

The Chancellor, Presidents, and Vice Chancellor reviewed the attached resolution. Additionally, the resolution and comprehensive facilities planning material have been reviewed with District Council on several occasions. The existing Citizens' Bond Oversight Committee and the West Valley-Mission Foundation have also received periodic reports on this subject.

Follow-up/Outcome

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 2/3rd of community college board support the resolution calling an election requiring 55% voter approval. At least five (5) Board members must vote "Yes" in order to call the election.

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Measure W Resolution

Attachment 7.4
DOCSSF/142122v10/022000-0001

RESOLUTION NO.18080702

RESOLUTION OF THE BOARD OF TRUSTEES OF THE WEST
VALLEY-MISSION COMMUNITY COLLEGE DISTRICT
ORDERING AN ELECTION, AND ESTABLISHING
SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") of the West Valley-Mission Community College District (the "District"), comprised of West Valley College and Mission College, 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 West Valley College and Mission College as valuable community resources that provide an affordable education to local students and veterans who desire to learn job skills and transfer to four-year universities; and

WHEREAS, since the costs of attending California's public universities has become so expensive, more local students are relying on community colleges, such as West Valley College and Mission College, and the high quality, affordable college options they each provide; and

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

WHEREAS, the State is not providing the District with adequate funds for the District to maintain West Valley College and Mission College 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 permit the District to ensure a healthy work and study environment by improving campus safety, repairing aging roofs, heating, cooling, plumbing and mechanical systems; and

WHEREAS, a local measure will update West Valley College and Mission College education facilities and technology to prepare students for 21st century jobs; and

WHEREAS, a local measure will help West Valley College and Mission College provide career technical education in fields such as nursing, engineering and firefighting; and

WHEREAS, a local measure will improve services for veterans, returning to civilian life with financial aid, registration, and access to affordable education and career training; and

WHEREAS, a local measure will permit the District to ensure the safety of faculty, staff and students by replacing aging, seismically unsafe buildings and facilities; 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, engineering, nursing, 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% 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 6, 2018, and to request each of the Santa Clara County Registrar of Voters and the Santa Cruz County Registrar of Voters to perform certain election services for the District; and

WHEREAS, in the judgment of the Board, it is advisable to request each of the Santa Clara County Registrar of Voters and the Santa Cruz County Registrar of Voters to call an election 72
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DOCSSF/142122v10/022000-000 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 WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the Board, pursuant to Education Code Sections 15100 et seq., Sections 15264 et seq. and Government Code Section 53506, hereby requests each of the Santa Clara County Registrar of Voters and the Santa Cruz 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 $698,000,000 (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. The District's Chancellor, Vice Chancellor of Administrative Services, or designee of the Chancellor is hereby authorized and directed to make any changes to the text of the measure, or to the abbreviated form of the measure, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of election officials, and requirement of law.

Section 2. That the date of the election shall be November 6, 2018.

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) that the proceeds of the sale of the Bonds shall only be used for the purposes set forth in the ballot measure and not for any other purpose, including faculty and administrator salaries and other college operating expenses;
2. (b) that the Board, in compliance with Proposition 39, and in establishing the projects set forth in Exhibit "B", evaluated the needs of returning veterans, 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 73
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   DOCSSF/142122v10/022000-0001 seven (7) members, with the possible exception of brief periods to fill any unexpected vacancies. The Citizens' Oversight Committee may not include any employee or official of the District or any vendor, contractor or consultant of the District. The Citizens' Oversight Committee shall include all of the following: One (1) member who is active in a business organization representing the business community located within the District; One (1) member who is active in a senior citizens' organization; One member who is active in a bona fide taxpayer association. In furtherance of its specifically enumerated purposes, the Citizens' Oversight Committee may engage in any of the following activities relating solely and exclusively to the expenditure of the Proposition 39 bond proceeds:
1. (i) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
2. (ii) Inspect District facilities and grounds to ensure that Proposition 39 bond revenues are expended in compliance with applicable law;
3. (iii) Receive and review copies of all scheduled maintenance proposals or plans developed by the District;
4. (iv) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs; and
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 Santa Clara County Registrar of Voters, the Santa Clara County Board of Supervisors, the Santa Cruz County Board of Supervisors and the Santa Cruz County Registrar of Voters are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 6, 2018 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 Election Codes Section 10418.

Section 7. That this Resolution shall stand as the "order of election" to the Santa Clara County Registrar of Voters and the Santa Cruz County Registrar of Voters to call an election within the boundaries of the District on November 6, 2018.

Section 8. That the Secretary of the Board is hereby directed to send a certified copy of this Resolution to each of the Santa Clara County Registrar of Voters and the Santa Cruz County Registrar of Voters no later than August 10, 2018.

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

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DOCSSF/142122v10/022000-0001 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 Santa Clara County Board of Supervisors and the Santa Cruz County Board of Supervisors are requested to permit their respective Registrars of Voters to render all services specified by Elections Code Section 10418, for which services the District agrees to reimburse both Santa Clara County and Santa Cruz County, such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.

ADOPTED, SIGNED AND APPROVED this 7^th day of August, 2018.

BOARD OF TRUSTEES OF THE WEST VALLEY-MISSION
COMMUNITY COLLEGE DISTRICT

By
Board President

Attest:

Secretary

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DOCSSF/142122v10/022000-0001

STATE OF CALIFORNIA )
)ss
SANTA CLARA COUNTY )

I, Patrick Schmitt, do hereby certify that the foregoing is a true and correct copy of Resolution No. 18080702 which was duly adopted by the Board of Trustees of the West Valley- Mission Community College District at meeting thereof held on the 7^th day of August 2018, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By
Secretary