SFID No. 2 Election Resolution

RESOLUTION NO. 2008-16

RESOLUTION OF THE BOARD OF TRUSTEES OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT ACTING AS THE LEGISLATIVE BODY OF THE COLLEGE OF THE SEQUOIAS VISALIA AREA CAMPUS IMPROVEMENT DISTRICT NO. 2 OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT ORDERING AN ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") of the College of the Sequoias Community College District (the "District") has determined that certain educational facilities and equipment within the boundaries of the College of the Sequoias Visalia Area Improvement District No. 2 of the College of the Sequoias Community College District (the "Improvement District No. 2"), located within Tulare County ("Tulare County"), need to be constructed, renovated, acquired and equipped to enable the District to maintain College of the Sequoias as a valuable community resource, to train and retrain local residents for higher-paying and skilled jobs, and to enhance the educational opportunities of the students in the District who desire to transfer to four-year universities; and

WHEREAS, the Board has determined that the addition of new classrooms, instructional laboratories and instructional equipment and the upgrading of existing facilities on the Visalia Campus are among the highest priorities of the Board; 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 improve the Visalia Campus of the College of the Sequoias for all its students and that State facility funding is increasingly linked to the District's ability to locally fund a portion of the costs of Visalia Campus upgrades; and

WHEREAS, in the judgment of the Board, it is advisable to provide additional funding for such facility, 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, Chapter 3, Part 10, Division 1, Title 1 (commencing with Section 15300) of the Education Code (the "Act") provides that Improvement District No. 2 may call an election for the purpose of seeking voter approval for the issuance of general obligation bonds by Improvement District No. 2; and

WHEREAS, the Board of Supervisors of Tulare County has adopted a resolution causing the provisions of the Act to be applicable withinTulare County ; 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, as interpreted by the Attorney General of the State of California, which prohibit any bond money to be used for administrator salaries and expenses be strictly enforced by a Citizens' Oversight Committee; 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 Improvement District No. 2, 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 4, 2008, and to request the Tulare County Registrar of Voters to perform certain election services for the District; and

WHEREAS, in the judgment of the Board, it is advisable to request the Tulare 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 Improvement District No. 2 for purposes set forth below.

NOW THEREFORE, THE BOARD OF TRUSTEES OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT ACTING AS THE LEGISLATIVE BODY OF THE COLLEGE OF THE SEQUOIAS VISALIA AREA IMPROVEMENT DISTRICT NO. 2 OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1 . That the Board, pursuant to Education Code Sections 15100 et seq. (including Sections 15300 et seq.), Sections 15264 et seq. and Government Code Section 53506, hereby requests the Tulare County Registrar of Voters to call an election under the provisions of Proposition 39 and the Act and submit to the electors of Improvement District No. 2 the question of whether bonds of Improvement District No. 2 in the aggregate principal amount not to exceed $28 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 4, 2008.

Section 3 . That the purpose of the election shall be for the voters in Improvement District No. 2 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 Improvement District No. 2 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 trends, 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 Exhibits "A" and "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 limits per $100,000 of taxable property in Improvement District No. 2 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 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 Section 5322 of the Education Code.

Section 6. That the Tulare County Registrar of Voters and the Tulare County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 4, 2008 within Improvement District No. 2.

Section 7. That this Resolution shall stand as the "order of election" to the Tulare County Registrar of Voters to call an election within the boundaries of Improvement District No. 2 on November 4, 2008.

Section 8. That the Secretary of the Board is hereby directed to send a certified copy of this Resolution to the Tulare County Registrar of Voters no later than August 8, 2008.

Section 9. That the maturity of any Bonds issued pursuant to Section 15300 et seq. of the Education Code hereto shall have a maturity not exceeding twenty-five (25) years, and Bonds issued pursuant to Section 53506 of the Government Code shall have a maturity of not exceeding forty (40) years. The maximum rate of interest on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531. The Board approves the Tax Rate Statement on file with the Secretary and directs its 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 Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of Tulare County is 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 Tulare 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 9th day of June, 2008.

BOARD OF TRUSTEES OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT ACTING AS THE LEGISLATIVE BODY OF THE COLLEGE OF THE SEQUOIAS VISALIA AREA IMPROVEMENT DISTRICT NO. 2 OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT

By s/John A. Zumwalt

Board President

Attest:

s/William T. Scroggins
Secretary

STATE OF CALIFORNIA )

) ss

TULARE COUNTY )

I,William T. Scroggins , do hereby certify that the foregoing is a true and correct copy of Resolution No.2008-16, which was duly adopted by the Board of Trustees of the College of the Sequoias Community College District acting as the legislative body of the College of the Sequoias Visalia Area Improvement District No. 2 of the College of the Sequoias Community College District at meeting thereof held on the 9th day of June, 2008, and that it was so adopted by the following vote:

AYES: Trustees Cardoza, Shannon, Sherman, and Zumwalt

NOES: None

ABSENT: Trustee Mann

ABSTENTIONS: None

By s/William T. Scroggins

Secretary

OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT
BOND MEASURE ELECTION NOVEMBER 4, 2008

The following is the full proposition presented to the voters of the College of the Sequoias Visalia Area Improvement District No. 2 of the College of the Sequoias Community College District.

"College of the Sequoias Visalia Campus Improvement Measure: To better prepare students for high demand jobs, qualify for $47 million in State building grants, construct a nursing education and training center, upgrade nursing instruction equipment, heating and ventilation, classroom/computer technology, labs, and safety systems, repair aging roofs, electrical, plumbing, upgrade/construct/equip/acquire classrooms, facilities, sites, shall College of the Sequoias Visalia Area Improvement District No. 2 of the College of the Sequoias Community College District issue $28 million in bonds, at legal rates, with citizen oversight, mandatory audits, and all funds staying in the Visalia area?"

PROJECTS

The Board of Trustees of the College of the Sequoias, to be responsive to the needs of students and the community, evaluated the College's urgent and critical facility needs, including providing sufficient classrooms and labs to offer more courses and programs to students close to home, facility maintenance, safety issues, class size and offerings, energy cost reduction and information and computer technology, in developing the scope of projects to be funded. In developing the scope of projects, the faculty, staff and students have prioritized the key health and safety needs so that the most critical needs and the most urgent and basic facility needs and repairs that will make the Visalia Campus clean and safe for learning, are addressed. The College conducted facilities evaluations and received public input and review in developing the scope of college facility projects to be funded. This input of faculty and community leaders concluded that if these needs were not addressed now, College of the Sequoias will be unable to remain competitive in preparing adult learners for current and emerging growth industries and university transfer. In implementing the Visalia Campus upgrading, the Board of Trustees determines that the College of the Sequoias must:

Upgrade buildings to include educational equipment and laboratories, provide state-of-the-art computer technology capability for students, repair, build, upgrade and/or replace leaky roofs, decaying walls, old ceiling tiles and flooring, plumbing, sewer and drainage systems, inefficient electrical systems and wiring, deteriorated restrooms, heating, ventilation and cooling systems, foundations, classrooms, lecture halls, language labs, classrooms for business, engineering, language and social science classes, playing fields, physical education facilities, tracks, grounds, science and other instructional laboratories and healthcare workforce facilities, theatre, library and student support facilities, administrative facilities, and other instructional facilities, wire classrooms for computers and other technology, increase energy efficiency, acquire equipment, increase safety, reduce fire hazards with alarms, smoke detectors, fire safety doors and sprinklers, reduce operating costs in order for more classes and job training to be offered, improve academic instruction; meet legal requirements for disabled access; and acquire computer-automated patients for nurse clinical training needs.

Increase permanent classroom and facility capacity for academic and job training classes, including math, computer technology, science, nursing, emergency medical and other health care programs; acquire, lease, upgrade or replace science and health labs, physical education facilities, health education facilities, applied arts and sciences facilities, acquire sites for campus expansion, upgrade campus technology, construct "smart classrooms" to improve technology-enhanced learning.

Upgrade existing fire alarms, sprinklers, smoke detectors, intercoms and fire doors, install security systems, exterior lighting, emergency call stations, emergency lighting, emergency communication systems, signage, door locks and fences, and improve accessibility for the disabled.

Provide state-of-the-art technology facilities and systems, upgrade internet access and wireless and cable technology, build "smart classrooms" to improve technology-enhanced and distance learning, upgrade telecommunications systems, upgrade campus-wide technology, servers, instructional equipment, software, media devices, replace outdated computers, replacenetwork infrastructure equipment, and install wiring upgrades.

Improve and upgrade electrical and mechanical system to take advantage of state-of-the-art energy saving technologies to reduce energy bills and have more resources for student learning. In addition, install solar panels to improve energy efficiency, reduce costs and improve environmental responsibility.

Improve campus road network and walkways, upgrade and expand parking areas, improve pedestrian safety and increase access for emergency vehicles.

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, program management, staff training expenses and a customary contingency for unforeseen design and construction costs. The project list also includes the acquisition and leasing of property and the construction of new buildings, if necessary, to accommodate a growing student population. In addition, projects will also include District-wide technology upgrades to provide greater access to technology, internet access, wireless and cable technology, fiber optics and the purchase of network infrastructure for computers and telecommunication systems, as well as the COS co-pay share for the Science building construction. 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. Based on the final costs of each project, certain of the projects described above may be delayed, modified or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for modernization may be undertaken, 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 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.

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 AS 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 PERMITTED 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 CONSTRUCTION, RECONSTRUCTION, REHABILITATION, ACQUISITION OR REPLACEMENT OF COLLEGE FACILITIES, INCLUDING THE FURNISHING AND EQUIPPING OF COLLEGE FACILITIES, AND NOT FOR ANY OTHER PURPOSE, INCLUDING TEACHERS' AND ADMINISTRATORS' SALARIES AND OTHER OPERATING EXPENSES.