Measure R: Ballot Text

RESOLUTION NO. 1
RESOLUTION OF THE BOARD OF TRUSTEES OF THE
ANTELOPE VALLEY COMMUNITY COLLEGE DISTRICT
ORDERING AN ELECTION, AND ESTABLISHING
SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Board of Trustees (the “Board”) has determined that certain properties and equipment within the Antelope Valley Community College District (the “District”), within Los Angeles County (“Los Angeles County”) and Kern County (“Kern County”) need to be acquired, constructed, improved, and equipped to enable the District to maintain Antelope Valley College as a valuable community resource, train and retrain local residents for higher-paying and skilled jobs, enhance the educational opportunities of the students in the District who desire to transfer to four-year colleges and continue to make classes available to a growing student population; and

WHEREAS, due to the rapid growth in the District’s service area, thousands of new students are entering college each year and Antelope Valley College needs to respond to such growth by expanding its campuses, constructing new facilities and reducing existing overcrowded conditions; and

WHEREAS, the Board has determined that the addition of new classrooms, laboratories andinstructional equipment; the installation of fire safety equipment; the improvement of electrical, lighting, ventilation and fire detection systems in existing classrooms; the need for disabled access improvements; and the improvement of campus safety are also among the priorities of the Board; and

WHEREAS, the Board, in collaboration with staff and the community has prepared both an Updated Facilities Master Plan and Educational Master Plan which outline the facility and educational needs of Antelope Valley College; and

WHEREAS, notwithstanding ongoing efforts to obtain sufficient facility money from the State of California (the “State”), the State has been unable to provide the District with enough money for the District to adequately maintain and expand Antelope Valley College for all its students; and

WHEREAS, in the judgment of the Board, it is advisable to provide additional funding for such facility, job training technology, and safety needs by means of a general obligation bond; and

WHEREAS, Proposition 46, approved by the voters of the State of California on June 3, 1986 (“Proposition 46”), amended Section 1(b) of Article XIIIA of the California Constitution by adding a provision which exempts from the 1% of full cash value limitation, those ad valorem taxes used to pay for debt service of any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by voters voting on the proposition; and

WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act (“Proposition 39”) which, as of its effective date, 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 the restrictions in Proposition 39 which prohibit any bond money to be used for administrator salaries and expenses be strictly enforced by a Citizens’ Oversight Committee; and

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

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

WHEREAS, pursuant to the California 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 2, 2004, and to request each of the Los Angeles County Registrar of Voters and the Kern 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 Los Angeles County Registrar of Voters and the Kern County Registrar of Voters to call an election pursuant to Proposition 39 on the question of whether general obligation bonds shall be issued and sold on behalf of the District for purposes set forth below;

NOW THEREFORE, THE BOARD OF THE ANTELOPE VALLEY COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1.          That the Board, pursuant to Education Code Sections 15100 and Government Code Section 53506, hereby requests each of the Los Angeles County Registrar of Voters and the Kern 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 not to exceed $139 million (the “Bonds”) shall be issued and sold to raise money for the purposes described in Exhibits “A” and “B” hereto.

Section 2.          That the date of the election shall be November 2, 2004.

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:

(a)        the proceeds of the sale of the Bonds shall only be used for the purposes set forth in the ballot measure and not for any other purpose, including faculty and administrator salaries and other college operating expenses;

(b)        that the Board, in compliance with Proposition 39, and in establishing the projects set forth in Exhibit “B”, evaluated the safety, enrollment growth, class size, class availability and information technology needs of the District;

(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 Exhibit “B” hereto;

(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;

(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;

(f)        that the tax levy authorized to secure the bonds of this election shall not exceed the Proposition 39 limit per $100,000 of taxable property in the District when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution; and

Section 4.          That the authority for ordering the election is contained in Education Code Sections 15100 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 Section 5322 of the Education Code.

Section 6.          That each of the Los Angeles County Registrar of Voters, the Los Angeles County Board of Supervisors, the Kern County Registrar of Voters, and the Kern County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 2, 2004, within the District.

Section 7.          That this Resolution shall stand as the “order of election” to each of the Los Angeles County Registrar of Voters and the Kern County Registrar of Voters to call an election within the boundaries of the District on November 2, 2004.

Section 8.          That the Secretary of the Board is hereby directed to send a certified copy of this Resolution to each of the Los Angeles County Registrar of Voters and the Kern County Registrar of Voters no later than August 4, 2004.

Section 9.          That the maturity of any Bonds issued pursuant to Section 15100 of the Education Code, and Bonds issued pursuant to Section 53506 of the Government Code shall not exceed the maturity limits set forth therein, respectively.  The maximum interest rate on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531.

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

ADOPTED, SIGNED AND APPROVED this 2nd day of August, 2004.

BOARD OF TRUSTEES OF THE ANTELOPE VALLEY COMMUNITY COLLEGE DISTRICT
By                                                                               
Board President
Attest:
                                                                                   
Jackie L. Fisher, Sr.
Superintendent/President and
Secretary to the Board of Trustees
STATE OF CALIFORNIA                   )
             ) ss      
LOS ANGELES COUNTY                   )
I, Jackie L. Fisher, Sr., do hereby certify that the foregoing is a true and correct copy of Resolution No. 1, which was duly adopted by the Board of Trustees of the Antelope Valley Community College District at meeting thereof held on the 2nd day of August, 2004, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

By                                                                               
Secretary

EXHIBIT B
FULL TEXT BALLOT PROPOSITION
OF THE ANTELOPE VALLEY COMMUNITY COLLEGE DISTRICT
BOND MEASURE ELECTION NOVEMBER 2, 2004
The following is the full proposition presented to the voters of the Antelope Valley Community College District.
Antelope Valley College Overcrowding, Job Training Measure:  “To accommodate increasing enrollment at Antelope Valley College, prepare students for jobs, four-year colleges, improve campus safety by:

• Expanding facilities for nursing, medical training programs;
• Expanding health, science, English, math, language labs, classrooms;
• Upgrading high-tech learning center;

and repairing, acquiring, constructing, equipping buildings, sites, classrooms, shall Antelope Valley Community College District issue $139 million in bonds, at legal rates, with citizen oversight, guaranteed annual audits, and no money for administrators’ salaries?”

Bonds - Yes                                                                  Bonds – No

PROJECTS

The Board of Trustees of the Antelope Valley Community College District evaluated the District’s most urgent and critical facility needs, including safety issues, enrollment growth, class availability, medical job training, college transfers and computer technology, in developing the scope of projects to be funded, as outlined in the Antelope Valley College Updated Facilities Master Plan, approved by the Board of Trustees on November 19, 2003, incorporated herein, and as shall be further amended from time to time.  In developing the scope of projects the faculty, staff and students have prioritized the key needs so the most critical ones are addressed. 
The Board conducted independent facilities evaluations and received public input and review in developing the scope of college facility projects to be funded, as listed in the Updated Facilities Master Plan which was unanimously approved by the Board of Trustees.  This input of faculty, community and business leaders concluded that if these needs were not addressed now, the problems would only get worse.  In preparing the Updated Facilities Master Plan the Board of Trustees made four important determinations: 

(i) AntelopeValleyCollege must expand its campuses and offer more classes due to the rapid growth of the area which has resulted in thousands of new students entering college each year;

(ii) Antelope Valley College must expand access to nursing, fire-fighting, law enforcement, emergency medical training, medical lab tech and other medical job training programs to help alleviate the local shortage of trained emergency medical and public safety personnel;

(iii) AntelopeValleyCollege must provide facilities and classes for academic programs for students who want to transfer to four-year colleges; and

(iv) AntelopeValleyCollege must keep-up with all forms of high-tech learning, such as computer, aerospace, engineering, vocational, English and math programs. 

The Updated Facilities Master Plan is on file at the District’s Office of the Superintendent/ President, and includes the following projects:

ANTELOPEVALLEYCOLLEGE

NEW JOB TRAINING AND ACADEMIC CLASSROOM PROJECTS

• Build a Science and Allied Health/Medical Training Facility:

This new facility will provide new classrooms and science labs to reduce overcrowding in the nursing, emergency medical training, medical lab tech programs and help relieve the serious shortage of nurses and health care professionals in the local area.
This facility will also expand the number of classrooms and labs for biology, physics, physical science, astronomy, geology, anthropology and archeology classes.

• Build a HighTechnologyLearningCenter:

This facility will provide new classrooms, computer and language laboratories and smart classrooms for study of mathematics and computer science to prepare students for careers and degrees in math and technology jobs and professions.

• Build a TechnologyBuilding II:

This facility will provide new classrooms to reduce overcrowding in job training programs in electronics and in the training of public safety personnel in administration of justice, fire-fighting technology and police officer standards.

• Build an Automotive TechnologyBuilding:

This facility will provide adequate facilities for students who elect to pursue a career in automotive technology and collision repair.

• Build a Humanities and SocialScienceBuilding:

Due to increasing enrollment and shortages of classrooms for English, reading, math and language classes, construction of a humanities and social sciences building to accommodate humanities, behavioral sciences, social sciences and general academic studies classes necessary to transfer to a 4-year college.

EXPANSION/UPGRADING OF EXISTING CLASSROOM BUILDINGS AND FACILITIES TO REDUCE OVERCROWDING AND OFFER MORE CLASSES FOR JOB TRAINING AND UNIVERSITY TRANSFER

• Expand Campus Library to provide more computerized research areas, study areas and seminar space.
• Expand ChildDevelopmentCenter to better train teachers.
• Expand English as a Second Language Building to accommodate increased enrollment in ESL programs to aid in career development and college transfer.
• Expand Learning Center to allow for smaller class size and tutoring rooms.

CLASSROOMBUILDINGS AND FACILITIES

• Upgrade, Repair, Equip, Construct and/or Expand StudentCenter and StudentServicesBuildings:

Upgrade, repair, equip, and construct and/or expand student services buildings to include academic advisement centers, study areas, lecture/meeting/seminar rooms, disabled student services, computer hook-up and study areas, and other student support.

• Build, upgrade and acquire college classrooms, facilities and sites to accommodate more students who want to enroll in classes and improve the quality of learning and expand academic and vocational learning opportunities, including facilities for the fine and performing arts, film, music, agriculture, horticulture, physical education facilities, and sites.

• Relocate maintenance and operations facility to make room for the construction of  the new Science and Allied HealthCenter.
   
• Establish AntelopeValleyCollegeEducationCenter in Palmdale/South Valley Area to Accommodate Growth and Increasing Student Enrollment:

Provide permanent classrooms, labs, job training and college transfer counseling buildings facilities in the Palmdale area, including the acquisition of a site(s) to allow local students greater access to an affordable education.

• Repair, Upgrade, and/or Replace Obsolete Classrooms, Science and Computer Labs, Instructional Facilities, Sites and Utilities:

Repair, upgrade, construct and/or replace deteriorating roofs, plumbing, sewer, water and gas lines, cabling, drainage, electrical systems, wiring, restrooms, heating, ventilation and cooling systems, telecommunication systems, security systems, fields and grounds, stadium, science laboratories, lecture halls, gym, and other instructional facilities, wire classrooms for computers and technology, increase safety, increase energy efficiency, reduce fire hazards, reduce operating costs so more classes and job training can be offered, improve academic instruction, and meet legal requirements for disabled access.

Safety and Security; Sites

• Improve pedestrian access routes across campus for safety.
• Improve campus safety and security by adding exterior lighting.
• Implement safety upgrades to relieve traffic flow and parking congestion; expand parking lots.
• Repair or replace outdated natural gas, water, sewer, storm drain systems.
• Acquire property to expand student capacity and parking.
• Improve emergency access and evacuation routes to improve student safety, redesign campus road network to eliminate dangerous intersections and unsafe conditions, reduce gridlock, improve pedestrian safety and increase access for emergency vehicles.

HEALTH AND SAFETY PROJECTS

• Remove architectural barriers on campus to allow free access by disabled students as required by law.
• Repair and maintain deteriorating campus flooring, roofs, walls, windows, plumbing and electrical systems.
• Install new fire alarm and communication systems and energy efficient lighting.
• Reduce earthquake risks by seismic retrofitting older buildings.
• Upgrade water, sewer, mechanical, heating, ventilation and gas infrastructure to current safety codes.
• Upgrade central plant to maximize energy efficiency of heating and cooling campus; connect all buildings to the chiller loop.
• Refinance existing obligations to lower interest rate and increase funds available for instruction and ongoing maintenance of classrooms and buildings.

TECHNOLOGY UPGRADE PROJECTS

• Upgrade Internet and cable technology; improve distance learning; upgrade telecommunication systems; campus-wide technology upgrades, computers; replace outdated equipment; create “smart classrooms” which can broadcast classes over the Internet.

Listed building, repair, and rehabilitation projects and upgrades will be completed as needed.  Each project is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, construction management, and a customary contingency for unforeseen design and construction costs. The allocation of bond proceeds will be affected by the District’s receipt of State bond funds and the final costs of each project.  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 are finalized, construction bids are awarded, and projects are completed.
The bond program is designed to provide facilities which will serve current and expected enrollment.  In the event of an unexpected slowdown in development or enrollment of students at Antelope Valley College certain of the projects described above will be delayed or may not be completed.  In such case, bond money will be spent on only the most essential of the projects listed above. 

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.

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 COLLEGE FACILITIES, INCLUDING THE FURNISHING AND EQUIPPING OF COLLEGE FACILITIES, AND NOT FOR ANY OTHER PURPOSE, INCLUDING FACULTY AND ADMINISTRATOR SALARIES AND OTHER OPERATING EXPENSES.  BY LAW, ALL FUNDS CAN ONLY BE SPENT ON REPAIR AND IMPROVEMENT PROJECTS.