RESOLUTION NO. ________

RESOLUTION OF THE BOARD OF TRUSTEES OF THE GAVILAN 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 Gavilan Community College District (the “District”), within Santa Clara County (“Santa Clara County”) and San Benito County (“San Benito County”) need to be acquired, constructed, improved, and equipped to enable the District to maintain Gavilan College as a valuable community resource, to train 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 a four-year college; and

WHEREAS, the Board has determined that the addition of new classrooms, and instructional laboratories, instructional equipment; the seismic repair of older facilities; the installation of fire safety equipment; the improvement of electrical, lighting, ventilation and fire detection systems in existing classrooms; the need for handicapped access improvements; the increase of available parking spaces; the expansion of the library to include a high-tech learning resource center; and the improvement of campus safety 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 develop Gavilan College for all its students; 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, 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, 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 March 2, 2004, and to request each of the Santa Clara County Registrar of Voters and the San Benito 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 San Benito 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 GAVILAN 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 the Santa Clara County Registrar of Voters and the San Benito 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 $155 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 March 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 teacher and administrator salaries and other school operating expenses;

(b) that the Board, in establishing the projects set forth in Exhibit “B”, evaluated the safety, class size reduction 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 $25 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 the Santa Clara County Registrar of Voters, the Santa Clara County Board of Supervisors, the San Benito County Registrar of Voters, and the San Benito County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on March 2, 2004 within the District.

Section 7 . That this Resolution shall stand as the “order of election” to each of the Santa Clara County Registrar of Voters and the San Benito County Registrar of Voters to call an election within the boundaries of the District on March 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 Santa Clara County Registrar of Voters and the San Benito County Registrar of Voters no later than December 4, 2003.

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 Santa Clara County and San Benito 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 Santa Clara County and San Benito 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 __^th day of ________, 2003.

BOARD OF TRUSTEES OF THE GAVILAN COMMUNITY COLLEGE DISTRICT

Board President

Attest:

Clerk

STATE OF CALIFORNIA )

)ss

SANTA CLARA COUNTY )

I, ___________________________, do hereby certify that the foregoing is a true and correct copy of Resolution No. _________, which was duly adopted by the Board of Trustees of the Gavilan Community College District at meeting thereof held on the __^th day of ________, 2003, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

Clerk

EXHIBIT B
FULL TEXT BALLOT PROPOSITION

OF THE GAVILAN COMMUNITY COLLEGE DISTRICT
BOND MEASURE ELECTION MARCH 2, 2004

The following is the full proposition presented to the voters of the Gavilan College District.

Gavilan College Repair and Safety Measure: “To prepare students for skilled jobs, four-year colleges, train nurses and public safety officers by:

· Improving fire safety and security;

· Expanding library/high-tech learning center;

· Upgrading ventilation/plumbing/sewer systems;

· Upgrading wiring for computer technology;

· Repairing, acquiring, constructing, equipping college buildings, sites and education centers

shall Gavilan Community College District issue $xxxxxxxxxx in bonds at legal rates with citizen oversight, annual audits, and no money for administrators’ salaries?”

PROJECTS

The Board of Trustees of the Gavilan Community College District evaluated the District’s urgent and critical facility needs, including safety issues, enrollment growth, energy reduction and information and computer technology, in developing the scope of projects to be funded, as outlined in the Gavilan College Facilities Master Plan, dated January 9, 2001, updated on May 27, 2003, and as shall be further amended from time to time. 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 facilities construction, renovation and repair, master plan which was unanimously approved by the Board of Trustees. In preparing the Facility Master Plan the Board of Trustees was advised that it would be less expensive to upgrade and repair aging community college buildings and classrooms now, than in the future. The Master Facilities Plan is on file at the District’s Office of the Superintendent/President, and include the following projects:

Health and Safety Upgrades, such as installation and repair of fire safety equipment, including alarms, smoke detectors, sprinklers, emergency lighting, fire safety doors.................................................................................... $__________

Repair, Renovate, and/or Replace Obsolete Classrooms, Science Labs, Instructional Facilities and Utilities:

Repair, renovate and/or replace deteriorating roofs, plumbing, wiring, unsanitary and run down bathrooms, telecommunications, foundations, classrooms, science laboratories, lecture halls and other instructional facilities to wire classrooms for computers and technology, increase safety, increase energy efficiency, reduce operating costs so more classes can be offered, and improve academic instruction.

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.

Refinance Existing Lease Obligations related to Classrooms, Laboratories and Equipment:

This refinancing will lower interest rates will save district expenses and increase funds available for instruction.

Repair, Replace and Renovate Electrical and Mechanical Systems.

Additional Classrooms and Modernization ................................................................ $__________

Energy Efficiency Improvements............................................................................... $__________

Replace energy systems, heating, ventilation and air conditioning system and related utility system.

Sites; Site Accessibility, Safety and Security ............................................................. $__________

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.
Repair or replace outdated natural gas, water, sewer, storm drain systems.
Acquire property to expand student capacity and alleviate traffic congestion in neighborhoods adjacent to campus.

Information Technology and Equipment .................................................................... $__________

Upgrade electrical systems and wiring for computer technology and Internet access.
Upgrade and replace outdated technology equipment including computers, laboratory equipment and classroom furnishings.

___________

TOTAL $__________

Listed repairs, rehabilitation projects and upgrades will be completed as needed. Each project is assumed to include its share of 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 matching 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 the 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. The District will work with the Citizens’ Oversight Committee on prioritizing those projects in the event factors beyond the District’s control require that project be reconsidered.

Fiscal Accountability. The expenditure of bond money on these projects are subject to stringent financial accountability requirements. 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 construction, reconstruction, rehabilitation, or replacement of college facilities, including the furnishing and equipping of college facilities, and not for any other purpose, including teacher and administrator salaries and other operating expenses. By law, all funds can only be spent on repair and improvement projects.