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LWV League of Women Voters of California Education Fund
Smart Voter
Santa Clara County, CA June 6, 2006 Election
Measure C
School Bond
Foothill-De Anza Community College District

55% Approval Required

Pass: 44,924 / 65.69% Yes votes ...... 23,468 / 34.31% No votes

See Also: Index of all Measures

Results as of June 26 11:47am, 100.00%% of Precincts Reporting (227/227)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Tax Rate Statement | Full Text

To repair/upgrade Foothill and De Anza Colleges, improve job training/university transfer,

  • Upgrade electrical, heating, ventilation systems, fire/seismic safety,
  • Repair leaky roofs,
  • Improve disabled access,
  • Repair/expand classrooms for nurses/paramedics,
  • Upgrade technology,
  • Repair, construct, acquire, equip buildings, classrooms, libraries, sites, science/computer labs,

shall Foothill-De Anza Community College District issue $490.8 million in bonds, at legal rates, with mandatory audits, citizen oversight and no money for administrators' salaries?

BONDS YES
BONDS NO

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote is a vote to authorize the issuance of the bonds in the amount of $490,800,000, secured by the levy of ad valorem taxes on property located in the Foothill-De Anza Community College District, for the uses specified.

A NO vote on this measure means:
A "no" vote is a vote not to authorize the issuance and sale of the bonds.

Impartial Analysis from the County Counsel
Upon approval of 55% of the voters voting in an election, California law permits a community college district to issue bonds, secured by the levy of ad valorem taxes on property located within the district, for the purpose of acquiring or constructing school facilities and real property, as long as the district appoints a citizen oversight committee to monitor how the money is spent.

The Foothill-De Anza Community College District Board of Trustees proposes a general obligation bond election to issue bonds in the aggregate principal amount not to exceed $490.8 million. The purpose of the issuance of the bonds is to repair and to upgrade Foothill and De Anza Colleges and to improve job training and university transfer by: (1) upgrading electrical, heating, ventilation systems, fire/seismic safety; (2) repairing leaky roofs; (3) improving disabled access; (4) repairing and expanding classrooms for nurses and paramedics; (5) upgrading technology; and (6) repairing, constructing, acquiring, and equipping buildings, classrooms, libraries, sites, and science/computer labs. No proceeds from the sale of the bonds shall be used for teacher or administrator salaries or other operating expenses.

An independent financial audit of the proceeds from the sale of the bonds will be conducted on an annual basis until all bond proceeds have been expended. An independent citizens' oversight committee will monitor all bond expenditures to ensure that the funds are spent as specified.

If the bonds are approved by the voters, the District expects to sell the bonds in four series over a period of ten years. Payment of principal and interest on the bonds will be payable from the proceeds of tax levies made upon taxable property in the Foothill-De Anza Community College District. The District's current best estimate of the tax rate needed to fund each of the bond issues based on the estimated assessed valuation is 2.40 cents per $100 of assessed valuation, or $24 per $100,000 of assessed evaluation. The estimated tax rate is based on the assessed value of taxable property on the County's official rolls. The actual interest rates at which the bonds will be sold depend on the bond market at the time of the sales.

A "yes" vote is a vote to authorize the issuance of the bonds in the amount of $490,800,000, secured by the levy of ad valorem taxes on property located in the Foothill-De Anza Community College District, for the uses specified.

A "no" vote is a vote not to authorize the issuance and sale of the bonds.

Ann Miller Ravel County Counsel

By: /s/ Kathryn Zoglin

Deputy County Counsel

  Official Information

Foothill-DeAnza Community College District
Opponents

Silicon Valley Property Taxpayers' Association
Proponents

Citizens for Foothill-DeAnza
Events

May 12, Friday, 7:30pm, Saratoga Library Community Room, Saratoga Ave. and Fruitvale Ave. PROS & CONS on State, County, Foothill/DeAnza College, & Saratoga Measures Sponsored by the League of Women Voters
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Arguments For Measure C Arguments Against Measure C
Foothill College and De Anza College rank among the best community colleges statewide in preparing students for the workforce and transferring students to four-year colleges and universities.

More Silicon Valley healthcare professionals--including nurses and paramedics--are trained at Foothill College and De Anza College than anywhere else. Technical training programs have nearly 100% employment rates for graduates. More than one million students have attended the Foothill-De Anza Community College District since its founding.

Despite ongoing maintenance and facility improvements, aging college facilities are unable to accommodate classes and training that students need and the job market demands. Our colleges were built in 1957 and 1967 for 8,000 students but now serve more than 44,000 students. The student population will grow by at least another 2,000 students in the next five years.

Many classrooms do not meet current earthquake safety standards and many science labs have not been modernized since they were built almost a half-century ago. Electrical systems must be upgraded to handle technology. Lighting needs to be improved for increased safety and security.

Measure C will expand and improve local college facilities. Specifically, Measure C will:

Bring all classrooms and labs up to current earthquake standards
Make classrooms safe from asbestos and other hazards
Renovate and expand classrooms, libraries, science and computer labs
Upgrade wiring for technology
Install efficient heating and ventilation systems
Improve lighting for campus safety
Repair leaky roofs
Improve access for people with disabilities
Provide up-to-date technology now and in the future

Measure C requires mandatory annual audits and an independent citizens' oversight committee to review the use of all bond funds. All Measure C funds must stay in our community to benefit Foothill College and De Anza College.

Please vote Yes on Measure C.

/s/ Betsy Bechtel

President, Foothill-De Anza Community College District Board of Trustees
/s/ Ginny Lear
President, League of Women Voters of the Los Altos + Mtn. View Area
/s/ Suhas Patil
Founder and Chairman Emeritus, Cirrus Logic
/s/ Hsing Kung
Partner, Acorn Campus
/s/ Dianne McKenna
Former Santa Clara County Supervisor

Rebuttal to Arguments For
In their opening argument, proponents do not even mention the $350 million previously earmarked for capital projects - including many of the very projects they have listed as funded by this new bond measure - or why another $490 million is needed now. Perhaps proponents will attempt to answer those questions in their rebuttal. Voters should scrutinize their claims.

Proponents also fail to mention the anticipated cost of this new bond measure. As the TAX RATE STATEMENT in the ballot materials must and does acknowledge, the cost includes interest, and the interest paid on bonds "will depend upon the bond market at the time of each sale." The total cost could soar.

Voters might also consider that Measure C utilizes a property tax system (to repay the bonds with interest) that is unfair to residential owners (and renters) - especially new ones - who bear the bulk of the property tax burden which is distributed based on the last ASSESSED VALUE. Because business property is often leased but seldom sold, businesses do not pay their fair share of property taxes.

Finally, note that the most direct beneficiaries of capital projects are consultants, architects, contractors and vendors who will likely bankroll the campaign for Measure C. Expect an avalanche of propaganda funded by those special interests.

If, however, you receive calls or mailings supporting the measure from the College District itself, that would violate the law, and I ask that voters call my voice-mail at 408-882-5070 with that information. Additional concerns at http://www.votenoonc.com.

/s/ Gary Wesley

Attorney at Law
Just a few years ago (in 1999), the Foothill-De Anza Community College District proposed a $248 million bond measure for capital projects. Voters went along. The College District received additional money in matching funds and claimed to have a total of $350 million for the projects.

Already, they're back for more. This time, they're asking voters to approve an additional $490.8 million in borrowing (by selling bonds). The bonds could be sold over many years and would be repaid through higher property taxes over several decades. Repayment would include interest which could be as low as a half billion dollars - or much higher. Interest rates may well rise significantly in the years ahead.

Under Proposition 13 (adopted in 1978), general obligation bond measures required two-thirds approval (of those voting); however, California voters amended the state constitution in 2000 to permit approval of school construction/renovation bonds by as little as 55% (Proposition 39).

Whether this measure actually qualifies as a Proposition 39 school bond is an open legal question, but one point is clear: this is the only opportunity voters will have to decide whether to authorize the massive borrowing (and higher taxes) proposed in this new bond measure.

In their rebuttal, proponents should explain to voters exactly what happened to the $350 million previously earmarked for construction and renovation of the two colleges and exactly why another $490 million is needed now.

/s/ Gary Wesley

Rebuttal to Arguments Against
The opponent of Measure C ignores many important facts:

FACT: Measure E (the 1999 bond measure) was not intended to address all college facility renovations. It funded the first phase of upgrades since the colleges were built over 40 years ago. Projects were completed on time and on budget.

FACT: The recent discovery of an earthquake fault under Foothill College requires unanticipated retrofitting for safety.

FACT: Foothill-De Anza Community College District has leveraged state funds and other sources to minimize the cost to taxpayers.

FACT: Our colleges were built four decades ago to serve just 8,000 students. Now more than 44,000 students attend our colleges and the student population is growing.

FACT: Measure C will fund the next phase of critical facility repairs including: seismic upgrades, asbestos removal, classroom expansion, lab modernization, technology upgrades, and more.

FACT: The cost of Measure C is $24 per $100,000 of assessed value (not market value). The entire cost of this measure is deductible on state and federal taxes.

FACT: All funds are subject to mandatory annual audits and review by an independent citizens' oversight committee.

FACT: Measure C funds must stay locally and can only be used for the repair and renovation projects listed in Measure C.

Measure C is a smart plan to complete the renovation of classrooms, libraries and labs so they are ready for current and future students.

That's why Measure C is supported by Santa Clara County educators, business leaders, civic organizations, senior citizens and homeowner groups.

Visit http://www.YesonMeasureC.com. Please vote Yes.

/s/ Steven T. Kirsch

CEO Propel Software, Chairman Kirsch Foundation
/s/ Gary Fazzino
Former Mayor, Palo Alto
/s/ Judy Hannemann
Board Member, Mountain View-Los Altos High School District
/s/ Jim Jackson
Former Mayor, Cupertino
/s/ Martha J. Kanter
Chancellor, Foothill-De Anza Community College District

Tax Rate Statement from the Chancellor
An election will be held at the Foothill-De Anza Community College District (the "District") of Santa Clara County on June 6, 2006, for the purpose of authorizing the sale of $490,800,000 in general obligation bonds to finance school facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in four series over ten years. 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 9400-9404 of the Elections Code of the State of California.

1. The best estimate of the tax rate that would be required to be levied to fund the bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing this statement, is 2.40 cents per $100 of assessed valuation ($24 per $100,000 of assessed valuation) for the year 2006-07.

2. The best estimate of the tax rate that would be required to be levied to fund the bond issue during the first fiscal year after the sale of the last series of bonds and an estimate of the year in which such rate will apply, based on estimated assessed valuations available at the time of filing this statement, is 2.40 cents per $100 of assessed valuation ($24 per $100,000 of assessed valuation) for the year 2015-16.

3. The best estimate of the highest tax rate that would be required to be levied to fund the bond issue, based on estimated assessed valuations available at the time of filing this statement, is 2.40 cents per $100 of assessed valuation (or $24 per $100,000 of assessed valuation).

Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on the County's official rolls, not on the property's market 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.

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 actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold per series, 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 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.

/s/ Martha Kanter

Chancellor
Foothill-De Anza Community College District

Full Text of Measure C
The Board of Trustees of the Foothill-De Anza Community College District, to be responsive to the needs of students and the community, evaluated the District's urgent and critical facility needs, including facility maintenance, safety issues, class offerings, energy cost reduction and information and computer technology, in developing the scope of projects to be funded, as outlined in both the District's Foothill College Facility Master Plan, as updated in October 2002, as amended in February 2006, and as shall be amended from time to time, and the De Anza College Facility Master Plan, as updated in October 2002, as amended in February 2006, and as shall be amended from time to time (together, the "Facilities Master Plan"), as well as the District's Information Technology Strategic Plan 2005-2010, represented to the Board on January 17, 2006, and as shall be amended from time to time, and the District's Renovation Master Plan, as presented to the Board on February 6, 2006, and as shall be amended from time to time. 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 repairs that will make both campuses clean and safe for learning are addressed. The Board conducted facilities evaluations and received public input and review in developing the scope of college facility projects to be funded, as listed in the Facilities Master Plan, the Information Technology Strategic Plan and the Renovation Master Plan. This input of faculty and community leaders concluded that if these needs were not addressed now, the problems would only get worse. In preparing the Facilities Master Plan, the Information Technology Strategic Plan and the Renovation Master Plan, the Board of Trustees made five important determinations:

(i) Foothill-De Anza Community College District must upgrade and expand inadequate facilities to address increased student demand for classes;

(ii) In tough economic times, both Foothill College and De Anza College must provide programs to train people who need to acquire or upgrade job skills;

(iii) Foothill College and De Anza College must provide affordable educational opportunities, adequate facilities and classes for academic programs for students who want to transfer to four-year colleges;

(iv) Foothill-De Anza Community College District must upgrade classrooms and labs so that they are safe from asbestos and other hazards and meet the standards of a modern curriculum; and

(v) Foothill-De Anza Community College District must upgrade its old buildings to provide energy efficient electrical systems for today's technology systems and upgrade campus lighting for increased safety and security on campus.

The Facilities Master Plan, the Information Technology Strategic Plan and the Renovation Master Plan are on file and available for review at the District Chancellor's Office and Public Information Office, as well as at the offices of the Presidents of Foothill College and De Anza College, and include the projects listed below.

FOOTHILL COLLEGE

Upgrade, Maintain, Equip, and/or Replace Obsolete Classrooms, Science and Computer Labs, Library, Instructional Facilities, Sites and Utilities; Meet Demands of Changing Workforce; Improve Disabled Access:

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, telecommunications systems, classrooms, lecture halls, language labs, fields, courts and grounds, science and other instructional laboratories and healthcare workforce facilities, technology center, theatre, library, administrative facilities, public safety, records and counseling buildings 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; and meet legal requirements for disabled access.

Upgrade Technology:

Provide state-of-the-art technology facilities, upgrade Internet access and wireless and cable technology, build "smart classrooms" to improve technology-enhanced learning, upgrade telecommunications systems, upgrade campus-wide technology, including a new Educational Information System, replace outdated computers, replace network infrastructure equipment, and install wiring upgrades.

Repair, Replace and Upgrade Electrical and Mechanical Systems to Reduce Energy Consumption and Utility Bills and Accommodate Computer Technology, Internet Access and Communications Systems, Install Solar Panels to Reduce Energy Consumption and Utility Bills

Improve Safety and Disabled Access; Remove Asbestos:

Remove all harmful asbestos, upgrade existing fire alarms, sprinklers, smoke detectors, and fire doors, install security systems, exterior lighting, emergency lighting, signage, door locks and fences, enhance erosion controls, repair uneven sidewalks and walkways, and improve accessibility for the disabled.

Expand Classroom and Facility Capacity, Construct Science Center, Upgrade Classrooms/Labs For Nursing and Emergency Medical Services:

Increase permanent classroom and facility capacity for academic and job training classes, including math and health care programs, upgrade science labs, physical and health education, and applied arts and sciences facilities, upgrade campus technology, and construct "smart classrooms" to improve technology-enhanced learning.

Improve Emergency Access and Evacuation Routes:

Improve campus road network and surfacing, build parking structure, reduce gridlock, improve pedestrian safety and increase access for emergency vehicles.

DE ANZA COLLEGE

Upgrade Technology:

Provide state-of-the-art technology facilities, upgrade Internet access and wireless and cable technology, build "smart classrooms" to improve technology-enhanced learning, upgrade telecommunication systems, upgrade campus-wide technology, including a new Educational Information System, replace outdated computers, replace network infrastructure equipment, and install wiring upgrades.

Repair, Upgrade, Equip, and/or Replace Obsolete Classrooms, Science, Nursing, Computer and Instructional Laboratories and Other Facilities, Sites and Utilities

Repair, 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, telecommunications systems, data center, bookstore, foundations, fields and grounds, library, classrooms, lecture halls, science, engineering and other laboratories, physical and healthcare workforce education and auto technology facilities, television studio and other faculty, administrative and instructional facilities, corporation yard, and multicultural center, wire classrooms for computers and technology, upgrade Campus Center, increase safety, increase energy efficiency, acquire equipment, reduce fire hazards, reduce operating costs in order for more classes and job training to be offered, improve academic instruction, and meet legal requirements for disabled access.

Improve Emergency Access and Evacuation Routes; Improve Access for Disabled:

Improve student safety, improve campus road network to eliminate unsafe conditions, reduce gridlock, improve pedestrian safety and increase access for emergency vehicles, upgrade parking garage and parking areas, improve disabled access, add parking structure to accommodate increasing student population and reduce congestion.

Improve Safety and Disabled Access; Remove Asbestos; Perform Seismic Upgrades:

Remove all harmful asbestos, upgrade existing gas lines, pipes, sewer system, storm drains, fire alarms, sprinklers, smoke detectors, intercoms and fire doors, install security systems, exterior lighting, emergency lighting, signage, door locks and fences, repair uneven sidewalk and walkways, upgrade facilities for seismic safety.

Repair, Replace and Upgrade Electrical and Mechanical Systems and Install Solar Panels to Reduce Energy Consumption and Utility Bills and Accommodate Computer Technology, Internet Access and Communications Systems.

Construct Academic Facilities to Expand Classroom and Laboratory Capacity:

Increase permanent classroom, laboratory space and facility capacity for academic and job training classes, including math, science, student support services, instructional labs, physical and health education and applied arts and sciences, campus technology, construct "smart classrooms" for enhanced learning.

DISTRICT-WIDE PROJECTS

Provide greater access to technology; upgrade electrical wiring, Internet access, wireless and cable technology, fiber optics and network infrastructure for computers and telecommunication systems at both Foothill College and De Anza College campuses.

Refinance existing lease obligations.

Acquire property for new education center to accommodate growing population and to better serve new populations in the District.

Build data center to support new District-wide computer and technology systems and integrate with renovated central office facility.

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 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 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 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. BY LAW, ALL FUNDS CAN ONLY BE SPENT ON REPAIR AND IMPROVEMENT PROJECTS.


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Created: April 4, 2007 10:10 PDT
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