WHEREAS, due to the age, size and condition of many of the District’s facilities, the District has been less able to provide necessary education programs and thus College of the Canyons must act to maintain and expand its classroom capacity and provide a balance of job training, particularly in healthcare field, and general education classes close to the homes of its students; and

WHEREAS, the Board has determined that the repair and replacement of aging classrooms, buildings, laboratories and instructional equipment and the construction of new classrooms and labs for nursing and other health care programs, law enforcement, fire and other public safety programs; the provision of technologies required to remain competitive with the current job-training market; the installation of fire safety equipment; the improvement of electrical, lighting, ventilation and fire detection systems in existing classrooms; the enhancement of access for disabled students; and the improvement of facilities to provide students with more course options close to their homes are also among the highest priorities of the Board; and

WHEREAS, the State of California (the “State”) has been unable to provide the District with enough money for the District to adequately maintain, enhance and expand College of the Canyons for students; and

WHEREAS, only if the District passed a local general obligation bond, the Board believes that College of the Canyons would be eligible for over $70 million of additional State matching funds for College of the Canyons facility improvements and without local funding the District would be unable to build previously approved State projects that require State matching funds; 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, as interpreted by the Attorney General of the State of California, which prohibit any bond money to be used for teacher or 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 November 7, 2006, and to request that the Los Angeles County Registrar of Voters perform certain election services for the District; and

WHEREAS, in the judgment of the Board, it is advisable to request the Los Angeles 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 TRUSTEES OF THE SANTA CLARITA 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 Los Angeles County Registrar of Voters 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 $160 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 7, 2006.
  

• 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) that the proceeds of the sale of the Bonds shall only be used for the purposes set forth in the ballot measure and not for any other purpose, including teacher or administrator salaries or other operating expenses;
  

• (b) that the Board, in establishing the projects set forth in Exhibit “B,” evaluated the safety, class size and offerings 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 are 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 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; and
  

• (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.
  

• 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 Los Angeles County Registrar of Voters and the Los Angeles County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 7, 2006 within the District.
  

• Section 7. That this Resolution shall stand as the “order of election” to the Los Angeles County Registrar of Voters to call an election within the boundaries of the District on November 7, 2006.
  

• Section 8. That the Secretary of the Board is hereby directed to deliver an original or a certified copy of this Resolution to the Los Angeles County Registrar of Voters no later than August 10, 2006.
  

• 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 Los Angeles County is requested to permit the Registrar of Voters of Los Angeles County to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the District agrees to reimburse Los Angeles 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 August, 2006.

BOARD OF TRUSTEES OF THE SANTA CLARITA

COMMUNITY COLLEGE DISTRICT

By

Board President

Attest:

Secretary

STATE OF CALIFORNIA )

)ss

LOS ANGELES COUNTY )

I, Dianne Van Hook, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2006/07-04, which was duly adopted by the Board of Trustees of the Santa Clarita Community College District at the meeting thereof held on the 9th day of August, 2006, and that it was so adopted by the following vote:

AYES: 4

NOES: 0

ABSENT: 0

ABSTENTIONS: 0

By

Secretary

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Download the Board Resolution & Ballot Measure

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