Peralta College: Vote Yes on Measure G Bonds - Alameda County - 2018 general Election
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  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure G Campaign

#HonestBallots Movement

Your Alameda County Registrar of Voters printed and circulated ballots for this measure that didn't conform to the law. The registrar ignored our Notice and Demand to follow the law. The legislature makes this a crime. (See: How 25 County Registrars Committed A Crime.)

If you want to get really steamed up about the collusion between your Registrar and Peralta College to lie and cheat in order to steal your taxes, you can read the letter for yourself.

Do you want to give this district a Thanksgiving surprise? Please call or text me (with #HonestBalllots, Alameda, 34, and your name) at 909-378-5401 right now for details. It's urgent and very time-sensitive.

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.

Community College Facts

What California community college districts don't want you to know!

When I refer to they, I mean the administrators, staff, deans, and all the title-laden academic bureaucrats, who milk the system to become millionaires on the public dime. These are the people with the $100,000+ salaries and $100,000+ pensions. They like hobnobbing with the rich and famous.

The following facts are general in nature. There are always exceptions to the rule. Some motivated students do make great use of the system. How many, no one knows (purposely). That way they can make all kinds of claims that warm the cockles of your heart, that are based on nothing but anecdotes and wishful thinking. Without parents breathing down their necks, they can get away with anything they want.

Community college foundations fund bond elections.
This surprised me. How can donors who get tax deductions pay for political campaigns with their donations? Easy! Launder it through community college foundations. More than 90% of community college bond elections are funded solely by the college's charitable foundation. They only get away with it because you don't report it to the FBI and the IRS.
They're going virtual.
The first virtual community college has already gone online. All those buildings and other facilities are about to become obsolete. Think about all those stadiums and sports complexes the districts want to build. Heck, they could do the web hosting in Estonia and no one would be the wiser.
California Constitution Is Silent
Unlike K-12, the University of California system, and the California State University System community colleges are not given any recognition in the state constitution. The legislature could end them tomorrow. (The legislature won't because they provide high-paying, unaccountable employment for many public employees.)
Adult Babysitting/Marijuana Haven
A hefty percentage of students spend time hanging out, using all the cool Internet services, smoking weed, and partying.
College Promise
They have to give their services away for free. College Promise is the latest fraud. The colleges already give away courses to enrolled high school students*, now they're giving course to graduates. This stuff is a way to counteract the lack of interest.
*It's also double dipping, because both the college and the school district get state money for the dually enrolled high school student.
State Funding
They all compete with each other to get their FTES (full-time equivalent student) (ADA average daily attendance for K-12). Remember back in 2017 when the entire California Community Colleges Chancellor's Office (CCCCO) (another layer of pure bureaucracy) and all the college bureacrats were wetting their diapers when Trump announced that he was ending DACA. One has to wonder if the entire business model, if you can even call it that, is based on a steady stream of government programs.
Fees For Everything
Unlike free public schools, community colleges can charge for anything. The more revenue streams the better. That's what keeps bureaucrats busy, busy, busy. With a student ID, a lot of stuff is free to use. Even though you pay for it all, if you want to use it, you can't. How much money do you think these districts collect in parking fees and fines every year?
Performance Statistics
Good luck if you want to find out whether you're getting your money's worth. With the meager and often irrelevant data that the CCCCO collects and it's equally worthless data query tools, you can spend hours trying to compare one college to another and end up giving up. The collleges don't want you to know the facts. Then they can make up their rosy propaganda without anyone being able to hold them accountable.
Out-of-District Students
Since the legislature removed the tuition penalty for out-of-district students, community colleges have become marketing machines, spending huge amounts on recruitment. They recruit students from all over the country and all over the world. Foreign students and out-of-state students are especially lucrative. Athletes from everywhere in the world fill the rosters for sports programs, all paid for with your taxes.
The big wigs don't like to call themselves superintendents.
They prefer big-boy or big-girl or big-whatever pants. They like titles like Chancellor, President, CEO, and all the corporate C-level titles. Unlike private corporations, however, they feed at the public trough.
Pushing for four-year degrees.
They want always want more money. They've been pushing the legislature for years to get to offer four-year degrees. The pilot programs are being extended.

Remind me again. Why are taxpayers paying for this?

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

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Measure G Question

The following statement was prepared in the hope the legislature would suspend the law (AB-195) that required districts to inform you of the amount of taxes for which you're voting. It's all about deceiving the voters. The school bonds cartel has no shame. It just wants your money. The ends justify the means.

One of the notorious budget trailer bills was amended in May to allow the district to keep you in the dark. Unfortunately for them, Dan Walters got wind of it and castigated the legislature for their sleazy and unscrupulous conduct. The budget trailer bill never came to a vote before the August 10 filing deadline. So the issue is moot.

To upgrade aging classrooms, technology, and science labs for 21st century learning and career preparation; improve disabled access to college facilities; repair/replace leaky roofs; expand nursing/public safety job training classrooms; replace aging, seismically unsafe buildings; and acquire, construct, repair sites/facilities/equipment, shall the Peralta Community College District issue $800 million in bonds at legal interest rates, with no funds for administrator salaries, audits and citizen oversight, and all funds used locally?

Final Ballot Statement

To upgrade aging classrooms, technology, science labs; expand job training classrooms; and acquire, construct, repair sites/facilities/equipment, shall the Peralta Community College District issue $800 million in bonds at legal interest rates, with approximately $44.2 million in taxes raised annually for 40 years at projected tax rates of $24.50 per $100,000 of assessed valuation, with no funds for administrator salaries, audits and citizen oversight, and all funds used locally?

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Full Text of Measure G

EXHIBIT A

FULL TEXT OF BOND PROPOSITION

PERALTA COLLEGES UPGRADES MEASURE

This Proposition may be known and referred to as the "Peralta Colleges Upgrades Measure" or as "Measure __". [designation to be assigned by County Registrar of Voters]

BOND AUTHORIZATION

By approval of this proposition by at least 55% of the voters of the Peralta Community College District (the "District") voting on the proposition, the District shall be authorized to issue and sell bonds of up to $800,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed under the heading entitled "BOND PROJECT LIST" below (the "Bond Project List"), and qualify to receive State of California matching grant funds, subject to all of the accountability safeguards specified below.

ACCOUNTABILITY SAFEGUARDS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the District may be assured that their money will be spent to address specific school facilities needs of the District, all in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Sections 15264 et seq. of the California Education Code (the "Education Code")).

Evaluation of Needs. The Board of Trustees of the District (the "Board") has prepared a facilities master plan in order to evaluate and address all of the facilities needs of the District at each campus and facility, and to determine which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.

Limitations on Use of Bonds. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, including, to the extent permitted by law, the acquisition or lease of real property in connection with an existing or future financing of the specific school facilities projects listed in the Bond Project List, including the prepayment of existing or future interim lease, certificate of participation or lease revenue bond financings, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

Independent Citizens' Bond Oversight Committee. The Board shall establish an independent citizens' bond oversight committee (pursuant to Education Code Section 15278 et seq.), to ensure bond proceeds are expended only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date that the Board enters the election results on its minutes pursuant to Section 15274 of the Education Code. In accordance with Section 15282 of the Education Code, the citizens' bond oversight committee shall consist of at least seven members and shall include a member active in a business organization representing the business community located within the District, a member active in a senior citizens' organization, a member active in a bona fide taxpayers' organization, a member that is a student who is both currently enrolled in the District and active in a community college group, such as student government, and a member that is active in the support and organization of a community college or the community colleges of the District, such as a member of an advisory council or foundation. No employee or official of the District and no vendor, contractor or consultant of the District shall be appointed to the citizens' bond oversight committee. The citizens' bond oversight committee shall be representative of the constituent base of the District.

Annual Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for performance audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' bond oversight committee in accordance with Section 15286 of the Education Code.

Annual Financial Audits. The Board shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' bond oversight committee in accordance with Section 15286 of the Education Code.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board shall take those actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Chancellor of the District shall cause a report to be filed with the Board no later than January 1 of each year, commencing on the first January 1 after the sale of the first series of bonds, stating (a) the amount of bond proceeds received and expended in that year, and (b) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Chancellor of the District shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.

FURTHER SPECIFICATIONS

Joint-Use Projects. The District may enter into agreements with other public agencies or nonprofit organizations for joint use of school facilities financed with the proceeds of the bonds in accordance with Education Code Section 17077.42 (or any successor provision). The District may seek State grant funds for eligible joint-use projects as permitted by law, and this proposition hereby specifies and acknowledges that bond funds will or may be used to fund all or a portion of the local share for any eligible joint-use projects identified in the Bond Project List or as otherwise permitted by California State regulations, as the Board shall determine.

Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100, and all the enumerated purposes shall constitute the specific single purpose of the bonds, and proceeds of the bonds shall be spent only for such purpose, pursuant to California Government Code Section 53410.

Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest shall be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature more than the statutory maximum number of years from the date borne by that bond as determined by the law in effect when the bonds are issued or when the bonds were approved by voters, whichever is longer.

ESTIMATED BALLOT INFORMATION

The District is required by law to include in the statement of the measure to be voted on estimates of the amount of money to be raised annually to repay the bonds and the rate and duration of the tax to be levied for the bonds. As of the time this proposition was placed on the ballot, the District estimated $44.2 million would be raised annually for the repayment of the authorized bonds for approximately 40 years at a projected tax rate of 2.45 cents per $100 of assessed valuation. Attention of all voters is directed to the fact that such information is based upon the District's projections and estimates only, which are not binding upon the District. The amount of money to be raised annually and the rate and duration of the tax to be levied for the bonds may vary from those presently estimated due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.

BOND PROJECT LIST

The Bond Project List below lists the specific projects the District proposes to finance with proceeds of the bonds. The Bond Project List shall be considered a part of the bond proposition and shall be reproduced in any official document required to contain the full statement of the bond proposition. Listed projects will be completed as needed at a particular school or facility site according to Board-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. Any authorized repairs shall be capital expenditures. The Bond Project List does not authorize non-capital expenditures. Each project is assumed to include its share of costs of the election and bond issuance, construction-related costs, such as project and construction management, architectural, engineering, inspection and similar planning and testing costs, demolition and interim housing costs, legal, accounting and similar fees, costs related to the independent annual financial and performance audits, a contingency for unforeseen design and construction costs, and other costs incidental to or necessary for completion of the listed projects (whether the related work is performed by the District or third parties). The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. In addition, certain construction funds expected from non-bond sources, including State of California grant funds for eligible projects, have not yet been secured. Therefore, the Board cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Alternatively, if the District obtains unexpected funds from non-bond sources with respect to listed projects, such projects may be enhanced, supplemented or expanded to the extent of such funds. Some projects may be subject to further government approvals, including by State officials and boards and/or local environmental or agency approval. Inclusion of a project on the Bond Project List is not a guarantee that the project will be completed (regardless of whether bond funds are available). Each project listed below may require construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities as may be determined by the Board at the time the project is undertaken. All or portions of the projects listed below may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).

The specific projects authorized to be financed with proceeds of the bonds under this proposition are as follows:

BERKELEY CITY COLLEGE

The following projects are authorized to be financed at BERKELEY CITY COLLEGE:

  • • Milvia Street 3rd floor classroom build-out
  • • Main building reconfigurations
  • • Additional educational facility, including STEM labs
  • • Acquisition of real property
  • • Wi-Fi deployment
  • • Network upgrades

COLLEGE OF ALAMEDA

The following projects are authorized to be financed at COLLEGE OF ALAMEDA:

  • • Electrical infrastructure
  • • HVAC upgrades and renovation
  • • Central plant renovation or replacement
  • • Science and administration building replacement (C/D)
  • • Aviation complex
  • • Automotive/Diesel complex
  • • Performing Arts complex
  • • Student Center (Building F) modernization

LANEY COLLEGE

The following projects are authorized to be financed at LANEY COLLEGE:

  • • Electrical equipment
  • • Central plant, including infrastructure
  • • Hot water system
  • • Compressed air system
  • • Water and air piping
  • • Student and welcome center
  • • STEAM center
  • • Library learning resource center
  • • Design and manufacturing center and outdoor work area canopy
  • • Performing Arts Center
  • • Community building and campus green
  • • Wellness Center
  • • Local business marketplace and incubator w/ parking garage and pedestrian bridge
  • • Culinary institute
  • • Gymnasium

MERRITT COLLEGE

The following projects are authorized to be financed at MERRITT COLLEGE:

  • • Electrical system/equipment replacements and upgrade
  • • Civil infrastructure upgrades
  • • Building A replacement
  • • Building D, E, F, and R renovation
  • • Combined Child Care Center & Child Development Center
  • • Horticulture Complex replacement
  • • Kinesiology physical fitness addition
  • • Site and ingress/egress improvements
  • • Genomics Institute

DISTRICT WIDE PROJECTS (PROJECTS FOR ALL CAMPUSES)

The following projects are supplemental to (although may in some cases duplicate) those described in the District's Facilities Master Plan. The projects identified in the Facilities Master Plan are incorporated by reference herein, except for the estimated costs associated therewith, which are excluded herefrom. The projects listed below and in the Facilities Master Plan are authorized to be financed at all current and future District sites.

  • • Network / telephony / technology infrastructure and equipment upgrades, including, but not limited to, software systems
  • • Sewer system repairs
  • • Power and electrical system repairs
  • • Water system repairs, including, but not limited to irrigation systems
  • • Safety and security system replacements and upgrades
  • • Emergency preparedness
  • • Landscaping upgrades
  • • Electric vehicle charging stations
  • • Renewable energy and energy efficiency projects, including, but not limited to, solar panels
  • • Signage and wayfinding upgrades
  • • Roadway, parking, pathways, bike lanes, trails, ingress, and egress improvements
  • • Upgrades, renovations and improvements to libraries, classrooms, and buildings
  • • Acquisition of real property
  • • Furniture and equipment and library materials, including, but not limited to, library digital resources
  • • Accessibility improvements, including, but not limited to ADA upgrades
  • • HVAC replacement
  • • Child care center renovations or replacements
  • • Athletic facility upgrades
  • • Veterans Centers
  • • District office
  • • Workforce development and continuing education center

MISCELLANEOUS

All listed bond projects include the following as needed:

  • • Removal of hazardous materials such as asbestos and lead paint as needed.
  • • Construction and/or installation of access improvements for individuals with disabilities, as required by state and federal law.
  • • Associated onsite and offsite development, demolition and other improvements made necessary by listed bond projects.
  • • Planning, designing and providing temporary housing necessary for listed bond projects.
  • • Purchase of any rights-of-way and/or easements made necessary by listed bond projects.
  • • Acquisition of all or a portion of any school site or facility, or an interest therein, encumbered in order to finance or refinance the listed school facilities projects.
  • • Reconstruction and rehabilitation of the abated areas.

THE PERALTA COMMUNITY COLLEGE DISTRICT-WIDE FACILITIES & TECHNOLOGY MASTER PLAN UPDATE DATED MARCH 13, 2018 IS HEREBY INCORPORATED IN ITS ENTIRETY BY REFERENCE SUBJECT TO THE CAVEATS IN THE PARAGRAPH DIRECTLY BELOW THE CAPTION "BOND PROJECT LIST" ABOVE. ALL PROJECTS IN THE FACILITIES AND TECHNOLOGY MASTER PLAN UPDATE ARE AUTHORIZED BUT THE PRIORITIZATION AND COST ESTIMATES IN THE PLAN SHALL NOT BE BINDING UPON THE DISTRICT. A COPY OF THE PLAN IS AVAILABLE FROM THE VICE CHANCELLOR OF FINANCE AND ADMINISTRATION.

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Measure G Tax Rate Statement

EXHIBIT B

TAX RATE STATEMENT

An election will be held in the Peralta Community College District (the "District") on November 6, 2018, to authorize the sale of up to $800 million in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to issue the bonds in multiple series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400 through 9405 of the California Elections Code.

  1. 1. The best estimate of the average annual tax rate that would be required to be levied to fund this bond issue over the entire duration of the bond debt service, based on assessed valuations available at the time of filing of this statement, is 2.45 cents per $100 ($24.50 per $100,000) of assessed valuation. The final fiscal year in which the tax to be levied to fund this bond issue is anticipated to be collected is fiscal year 2058-59.
  2. 2. The best estimate of the highest tax rate that would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is 2.45 cents per $100 ($24.50 per $100,000) of assessed valuation in fiscal year 2029-30.
  3. 3. The best estimate of the total debt service, including the principal and interest, that would be required to be repaid if all of the bonds are issued and sold is approximately $1,720,000,000.

Voters should note that estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value, which could be more or less than the assessed value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above. Certain taxpayers may also be eligible to postpone payment of taxes. Property owners should consult their own property tax bills and tax advisors to determine their property's assessed value and any applicable tax exemptions. The estimated rates presented above represent only new taxes to be levied to support bonds issued under this bond measure and will be over and above and separate from the 1% property tax described in the California Constitution and any other bond related property tax rates that are currently being levied to support bonds issued under bond measures previously authorized by voters of the District (including bonds authorized and issued pursuant to the election held on June 6, 2006 and any bonds issued to refund bonds authorized and issued pursuant to the elections held on November 3, 1992 and November 7, 2000) or any overlapping public agency or that might be levied to support bonds issued under bond measures to be authorized by voters of the District or any overlapping public agency.

Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The average annual tax rate, the highest tax rate and the year or years in which it will apply, and the actual total debt service, may vary from those presently estimated due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors, including the legal limitations on bonds approved by a 55% affirmative vote. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.

Dated: __________, 2018. _____________________________________

Chancellor

Peralta Community College District

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Measure G Agenda Description

Agenda of July 10, 2018 (complete item)

REGULAR MEETING OF THE BOARD OF TRUSTEES
Tuesday, July 10, 2018
5:30 p.m. Closed Session
12.3 Consider Approval of Resolution 18/19-05 Calling November 2018 Bond Election. Presenter: Chancellor Laguerre
12.4 Consider Approval of Resolution 18/19-06 Calling November 2018 Special Tax Election. Presenter: Chancellor Laguerre

Agenda Item Details

Meeting
Jul 10, 2018 - REGULAR MEETING OF THE BOARD OF TRUSTEES
Category
ACTION ITEMS
Subject
Consider Approval of Resolution 18/19-05 Calling November 2018 Bond Election. Presenter: Chancellor Laguerre
Type
Action


Background/Analysis:  (Please discuss this item.  If a Vendor is Involved, please include the company name as well as the individual.)

 

This resolution, if approved, would place a bond measure on the November 6, 2018 ballot and orders the election to be consolidated with the general election to be held on that date. Additional information, including a bond project list, is contained in the full text of the measure, which the Registrar of Voters is directed to publish in the voter information pamphlet. The bond measure would authorize the issuance of up to eight hundred million dollars to finance the approved projects. The district will not be able to issue additional bonds under this authorization if and so long as the tax rate necessary to generate sufficient funds to repay the bonds is above $25 per $100,000 of assessed valuation. The bond projects were identified in the District’s master facilities plan and have been reviewed by District staff.

 

A series of meetings to discuss and solicit input on this and a potential parcel tax measures with representatives from Peralta Federation of Teachers, SEIU, Local 39, and District Academic Senate took place on June 19, June 25, and June 28 2018. Over the course of these meetings, valuable input was incorporated at the request of the representatives of the groups to strengthen measure components, intent, potential projects and internal planning and accountability. This comprehensive input is reflected in the Resolutions before the Board of Trustees for voter consideration on the November 2018 ballot. The educational bond measure included a refined project list for each of the Peralta Colleges and Districtwide at the request of the stakeholders.

 

Recommended Action:

 

Approve Resolution

 

 




Motion & Voting

Approve Resolution 18/19-05 Calling November 2018 Bond Election.

Motion by Julina Bonilla, second by William Riley.
Final Resolution: Motion Carries
Yea: Bill Withrow, Julina Bonilla, Linda Handy, Karen Weinstein, Meredith Brown, William Riley
Nay: Nicky Gonzalez Yuen

  Welcome    Question    Full Text    Tax Rate    Agenda    Resolution  

Measure G Resolution

RESOLUTION NO. ____

RESOLUTION OF THE BOARD OF TRUSTEES OF THE
PERALTA COMMUNITY COLLEGE DISTRICT ORDERING A
SCHOOL BOND ELECTION, AND AUTHORIZING
NECESSARY ACTIONS IN CONNECTION THEREWITH

________________________________

WHEREAS, with the cost of education and living so high, many students rely on Peralta Community College District (the "District") to provide affordable higher education programs; and

WHEREAS, the District must repair aging college infrastructure to provide local students with high-quality, affordable education and job training programs, while saving families thousands of dollars; and

WHEREAS, critical technology and security upgrades to classroom and training centers will equip students with the skills they need to be competitive for today's jobs; and

WHEREAS, the District provides local students with the education and skills they need to access high-paying jobs so they can stay and work in their own community; and

WHEREAS, students in the District need updated classrooms, technology and science labs for 21st century learning and career preparation in seismically safe buildings and facilities; and

WHEREAS, this measure includes strict accountability requirements including a Citizens' Bond Oversight Committee and independent annual financial and performance audits to make sure all funds are used effectively and, as promised, with no funds that can be taken by the State of California (the "State") and none going towards administrators' salaries or pensions; and

WHEREAS, the Board of Trustees (the "Board") of the District, located in the County of Alameda (the "County") is authorized to order elections within the District and to designate the specifications thereof, pursuant to Sections 5304 and 5322 of the California Education Code (the "Education Code"); and

WHEREAS, the Board is specifically authorized to order elections for the purpose of submitting to the electors the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes hereinafter specified, pursuant to Education Code Sections 15100 et seq.; and

WHEREAS, pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, and Section 15266 of the Education Code, community college districts may seek approval of bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purposes hereinafter specified, provided certain accountability requirements are included in the proposition, including (a) that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIIIA, Section 1(b)(3) of the Constitution, and not for any other purpose, including teacher and administrator salaries and other school operating expenses, (b) that a list of the specific school facilities projects to be funded be included, which the community college district board has certified that it has evaluated safety, class size reduction and information technology needs in developing, and (c) that performance and financial audits be required and there be oversight by an independent citizens' bond oversight committee to ensure that all funds are spent properly and as promised to the voters; and

WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors, which, if approved by 55% of the votes cast, would permit the District to issue its bonds; and

WHEREAS, such a bond election must be conducted concurrent with a statewide primary election, general election or special election, or at a regularly scheduled local election at which all of the electors of the District are entitled to vote, as required by Section 15266 of the Education Code; and

WHEREAS, on November 6, 2018, a statewide general election is scheduled to be conducted throughout the District; and

WHEREAS, subsection (c) of Section 15100 of the Education Code provides that, before the governing board of a community college district may order an election pursuant to Education Code Sections 15100 et seq., it shall obtain reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the county assessor; and

WHEREAS, although Alameda County Assessor does not make projections of assessed property valuations, the Board has been presented projections of assessed property valuations of the property within the boundaries of the District in connection with developing the bond proposition that take into consideration, among other things, the long-term historical average growth rates of assessed property valuations of the property within the boundaries of the District and the Board finds those projections to be reasonable and informed; and

WHEREAS, the Board has determined that, based upon such projections of assessed property valuation, 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 maximum tax rate permitted by Section 15270 of the Education Code; and

WHEREAS, Section 9400 et seq. of the California Elections Code (the "Elections Code") requires that a tax rate statement be contained in all official materials, including any voter information guide prepared, sponsored or distributed by the District, relating to the election; and

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

WHEREAS, if a project or projects to be funded by the bonds will require State matching grant funds for any phase, the sample ballot must contain a statement, in the form prescribed by law, advising the voters of that fact, and the Board finds that completion of a portion of certain of the projects listed in the bond proposition set forth herein will require State matching grant funds for any phase thereof;

NOW, THEREFORE, be it resolved, determined and ordered by the Board of Trustees of the Peralta Community College District as follows:

Section 1. Recitals. All of the above recitals are true and correct.

Section 2. Specifications of Election Order; Required Certification. Pursuant to Education Code Sections 5304, 5322, 15100 et seq., and 15266, and Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, a special election shall be held within the boundaries of the District on November 6, 2018, for the purpose of submitting to the registered voters of the District the bond proposition contained in Exhibit A attached hereto and incorporated herein. In accordance with Section 1 of Article XIIIA of the California Constitution, and as provided in the text of the bond proposition, the Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the bond project list set forth in the bond proposition.

Section 3. Conduct of Election.

  1. (a) Request to County Officers. Pursuant to Section 5303 of the Education Code, the Registrar of Voters of the County (the "Registrar of Voters") is required to, and is hereby requested to, take all steps to hold the election in accordance with law and these specifications.
  2. (b) Abbreviation of Proposition. Pursuant to Section 13247 of the Elections Code and Section 15122 of the Education Code, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot:
  3. "To upgrade aging classrooms, technology, and science labs for 21st century learning and career preparation; improve disabled access to college facilities; repair/replace leaky roofs; expand nursing/public safety job training classrooms; replace aging, seismically unsafe buildings; and acquire, construct, repair sites/facilities/equipment, shall the Peralta Community College District issue $800 million in bonds at legal interest rates, with no funds for administrator salaries, audits and citizen oversight, and all funds used locally?"
  4. (c) Voter Pamphlet. The Registrar of Voters is hereby requested to reprint the full text of the bond proposition as set forth in Exhibit A in its entirety in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the bond proposition, in no less than 10-point boldface type, a legend substantially as follows:
  5. "The above statement is an impartial analysis of Measure __. If you desire a copy of the measure, please call the Alameda County Registrar of Voters at (510) 267-8683 or the Peralta Community College District at (510) 466-7202, and a copy will be mailed at no cost to you. Measure __ is also available on the Internet at http://www._______________."
  6. (d) Accountability Safeguards. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to include the following statement in the ballot in compliance with Section 15272 of the Education Code:
  7. "If Measure __ is approved, the Board of Trustees of the Peralta Community College District will appoint a citizens' bond oversight committee and conduct annual independent audits to assure that bond funds are spent only on the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and for no other purposes."
  8. (e) State Matching Funds. The District hereby requests that the Registrar of Voters include the following statement in the ballot pamphlet, pursuant to Section 15122.5 of the Education Code:
  9. "Approval of Measure __ does not guarantee that the proposed project or projects in the Peralta Community College District that are the subject of bonds under Measure __ will be funded beyond the local revenues generated by Measure __. The District's proposal for the project or projects assumes the receipt of matching State funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure."
  10. (f) Consolidation Requirement. Pursuant to Section 15266(a) of the Education Code, the election shall be consolidated with the statewide general election on November 6, 2018, and pursuant to Education Code Section 5342 and Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, the Registrar of Voters and the Board of Supervisors of the County are hereby requested to order consolidation of the election with such other elections as may be held on the same day in the same territory or in a territory that is in part the same. The District hereby acknowledges that the consolidated election will be held and conducted in the manner prescribed by Section 10418 of the Elections Code.
  11. (g) Canvass of Results. The Board of Supervisors of the County is authorized and requested to canvass the returns of the election, pursuant to Section 10411 of the Elections Code.
  12. (h) Required Vote. Pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, the bond proposition shall become effective upon the affirmative vote of at least 55% of the voters of the District voting on the proposition.
  13. (i) Election Costs. The District shall pay all costs of the election approved by the Board of Supervisors of the County pursuant to Education Code Section 5421.

Section 4. Delivery of Order of Election to County Officers. The Clerk of the Board of the District is hereby directed to cause to be filed as soon as practicable, and in any event no later than August 10, 2018 (which date is not fewer than 88 days prior to the date set for the election), one copy of this Resolution to the Registrar of Voters, including the tax rate statement attached hereto as Exhibit B, containing the information required by Elections Code Section 9400 et seq., completed and signed by the Chancellor of the District, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County.

Section 5. Ballot Arguments. The President of the Board, or any member or members of the Board as the President shall designate, are hereby authorized, but not directed, to prepare and file with the Registrar of Voters a ballot argument in favor of the bond proposition, within the time established by the Registrar of Voters, which shall be considered the official ballot argument of the Board as sponsor of the bond proposition.

Section 6. Further Authorization.

  1. (a) General. The members of the Board, the Chancellor of the District, and all other officers of the District are hereby authorized and directed, individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this resolution in accordance with the terms hereof and of applicable provisions of law.
  2. (b) Bond Proposition Exemption from Elections Code Section 13119. In the event that legislation is not passed on or before August 10, 2018, subsequent to the adoption of this Resolution, that exempts or temporarily suspends the bond proposition from the requirements of subsection (b) of Elections Code Section 13119, then the ballot statement in Section 3(b) shall be replaced in its entirety with: "To upgrade aging classrooms, technology, science labs; expand job training classrooms; and acquire, construct, repair sites/facilities/equipment, shall the Peralta Community College District issue $800 million in bonds at legal interest rates, with approximately $44.2 million in taxes raised annually for 40 years at projected tax rates of $24.50 per $100,000 of assessed valuation, with no funds for administrator salaries, audits and citizen oversight, and all funds used locally?"

However, should such legislation pass which exempts or temporarily suspends the bond proposition from the requirements of subsection (b) of Elections Code Section 13119, then the Section entitled "Estimated Ballot Information" contained in the full text of the bond proposition in Exhibit A attached hereto shall be deemed deleted therefrom in its entirety. To the extent such exemption or suspension becomes effective, the members of the Board, the Superintendent of the District, and all other officers of the District are hereby authorized and directed, individually and collectively, to coordinate and effectuate such replacement of the ballot statement contained in Section (3)(b) and modification to the full text of the bond proposition contained in Exhibit A attached hereto with the Registrar of Voters.

Section 7. Effective Date. This Resolution shall take effect upon its adoption by a two-thirds vote.

PASSED AND ADOPTED this day, _____________, 2018, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT: APPROVED:

___________________________________
President of the Board of Trustees of the
Peralta Community College District

Attest:

___________________________________
Clerk of the Board of Trustees of the
Peralta Community College District

CLERK'S CERTIFICATE

I, ____________________, Clerk of the Board of Trustees of the Peralta Community College District, County of Alameda, California, hereby certify as follows:

The attached is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Trustees of the District duly and regularly held at the regular meeting place thereof on _____________, 2018, and entered in the minutes thereof, of which meeting all of the members of the Board of Trustees had due notice and at which a quorum thereof was present. The resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

An agenda of the meeting was posted at least 72 hours beforehand at 333 East 8th Street, Oakland, California, a location freely accessible to members of the public, and a brief description of the adopted resolution appeared on the agenda. A copy of the agenda is attached hereto. The resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect.

WITNESS my hand this ______ day of ______________, 2018.

Clerk of the Board of Trustees
Peralta Community College District

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