77102 / 63.04% Yes votes ...... 45199 / 36.96% No votes

See Also: Index of all Measures

Dated: August 17, 2004

Unfortunately, the science labs and classrooms at both campuses are decades old, obsolete and showing their age. Aging educational facilities suffer from outdated plumbing and wiring. They are not energy efficient or environmentally-designed, and can lead to wasteful heating, electricity and maintenance bills. Some buildings are on the verge of being closed due to safety concerns.

Measure C will ensure that the College of Marin maintains its existing facilities and modernizes science labs, classrooms, computer technology and libraries for higher education and job training. Measure C will:

• Fix roofs, walls and plumbing, and remove hazardous materials by utilizing green building standards

• Remodel campus buildings to improve energy-efficiency, save future energy costs and conserve valuable resources

• Modernize technology, science labs, computer labs, vocational training facilities and libraries to keep up with the Bay Area's job market

• Improve campus safety through modern fire alarms, sprinklers, security doors and other improvements

• Enhance higher educational partnerships at the Indian Valley Campus.

Help the College of Marin keep pace with our modern job training and educational needs as well as 21st Century environmental standards. Vote YES on Measure C.

s/ Perry Newman, President

League of Women Voters, Marin County

s/ William J. McCubbin

Work Force Investment Board of Marin County

s/ Robert E. Marcucci

San Rafael Fire Chief Retired

s/ Kerry Mazzoni

Former California Secretary for Education

s/ Huey D. Johnson

Founder, Trust for Public Land

With only a meager 3% transfer rate to four year institutions, the College can hardly be considered a "gateway to a four year education for thousands of local students," as proponents have claimed. No argumentis made for better teachers or better curriculum. The conclusion: the$250 million would be spent on neither.

Proponents apparently bank on the Field of Dreams argument: "If you build it they will come." Wrong. Spending a quarter of a billion dollars on face lifts for two campuses does not guarantee either quality of services or attendance by students.

There's nothing wrong with asking voters for more money. But taxpayers need to know if their money will get the job done. So far there's no evidence it will.

Board leadership first, then bond money from the public.

Please vote "NO" on Measure C.

For other important information, see MUTA website: marintaxpayers.org.

s/ Fielding L. Greaves

Secretary & Past President, MUTA

s/ Basia Crane Director, MUTA

s/ Mark D. Hill

Vice Chair, MRCC

s/ Gini Weiss Travel Consultant

s/ John L. Semorile School Board Advocate

Before passing such an enormous bond measure, taxpayers (especiallythe elderly who will NOT be exempted from having to pay) deserve to know where the college is headed; what the future of the Indian Valley campus will be; how Marin communities will benefit; and how does the bond measure relate to those issues.

COM puts the cart before the horse by saying in effect, "give us the money and trust us, we'll know how to spend it." And a variety of the things they do cite as being needed can be achieved without a bond measure:

• Fix up the current arts center, not build a new one.
• Obtain state grants for disabled access improvements.
• Take care of small items from the operations budget, as should have been done all along.
• And don't mislead voters by reference to "Job Training" in the name of the bond measure. Bond money can be used only for capital expenditures, not for direct job training.

Please vote "NO" on Measure C.

s/ Fielding L. Greaves, Past President

Marin United Taxpayers Association

s/ Basia Crane, Director

Marin United Taxpayers Association

The facts speak for themselves:

Measure C is not premature + it is critically overdue. College of Marin's facilities are currently ranked in the bottom 10 percent of all California community colleges. As no major renovations or modernizations have occurred in the past 30 years, many heating, electrical and other systems as well as some of our buildings have reached the end of their useful lives.

Measure C will not expand the college. Measure C will maintain and preserve existing buildings whereever possible.

Measure C will enable our county to benefit from modern facilities.Some of our local kindergarten classrooms are more technologically advanced than College facilities. Yet, our classrooms must effectively train today's workforce.

Measure C is about job training. Local hospitals rely on College of Marin to train nurses and other health care professionals. Without updated facilities, students cannot learn the modern tools of their trade, necessary skills in any job market.

Measure C enjoys strong support from senior citizens because one-third of all College of Marin students are senior citizens.

Measure C projects are very specific and printed in the sample ballotbook. Following extensive evaluation and community meetings, the college's critical needs were identified and included in the bond. All funds must be used at College of Marin and cannot be taken by the state. Mandatory independent citizen oversight and audits will guarantee that all funds are used appropriately and efficiently.

Join us in voting Yes on C.

s/ Kerry Mazzoni

Former California Secretary for Education

s/ Robert E. Marcucci

Retired San Rafael Fire Chief

s/ Irwin P. Diamond

Retired President, College of Marin

s/ Chuck Bennett

Business Leader

s/ Mary Jane Burke

Marin County Superintendent of Schools

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 first sale of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.019 per $100 ($19.00 per $100,000) of assessed valuation in fiscal 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 fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of thiss tatement, is $0.019 per $100 ($19.00 per $100,000) of assessed valuation in fiscal year 2010-11.

3. The best estimate of the highest tax rate that would be required to be levied to fund the bond issue, based upon estimated assessed valuations available at the time of filing of this statement, is $0.019 per $100 ($19.00 per $100,000)of assessed valuation which is projected to be the same in every fiscal year.

Attention of all voters is directed to the fact that the foregoing is based upon projections and estimates only, which are not binding upon the District. The actual tax rates and years in which they will apply may vary depending upon the timing of bond sales, the amount of bonds sold at each sale, and actual increases in assessed valuations. The actual timing of bond sales and the amount of bonds sold at any given time will be determined by the needs of the District. The actual interest rates on any bonds sold will depend upon market conditions and other factors at the time of sale. Actual assessed valuations will depend upon the amount and value of taxable property within the District as determined in the assessment and equalization process. Accordingly, the actual tax rates and the years in which such rates are applicable may vary from those presently estimated as stated above.

Dated: July 29, 2004

WHEREAS, the Board of Trustees (the "Board") has determined that certain facilities and equipment within the Marin Community College District (the "District"), within Marin County ("Marin County") need to be maintained, acquired, constructed, improved, equipped and furnished to enable the District to maintain both of its Kentfield and Indian Valley campuses as valuable community resources, 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 colleges; and

WHEREAS, due to the age and condition of many of the District's facilities, the District has been less able to provide necessary education programs and thus College of Marin must act to maintain its campuses and provide a balance of job training and general education classes; and

WHEREAS, the Board has determined that the maintenance, modernization and replacement of worn-out classrooms, buildings, laboratories and instructional equipment; the provision of state-of-the-art computer technology; the installation of fire safety equipment; the improvement of electrical, lighting, ventilation and fire detection systems in existing classrooms; the need for pedestrian, cyclists,and disabled student access improvements; and the improvement of campus safety are also 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 maintain the College of Marin's campuses in Kentfield and Indian Valley for all their students; and

WHEREAS, in the judgment of the Board, it is advisable to provide additional funding for such facility, technology, safety and accessibility 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, Chapter1.5, 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 November 2, 2004, and to request the Marin 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 Marin 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 MARIN COMMUNITY COLLLEGE 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 Marin 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 $249,500,000 (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 propositionin 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 college 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 monies 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; 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 Marin County Registrar of Voters and the Marin 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 the Marin 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 the Marin County Registrar of Voters no later than July 22, 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 Marin 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 Marin 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.

EXHIBIT A

College of Marin Job Training, Classroom Preservation, Environmental, Safety Improvement Measure: "To provide affordable job training and four-year college preparation by using environmental building practices to improve science labs, classrooms, libraries, maintaining educational facilities, updating technology, wiring, improving energy efficiency, fire safety, campus security, disabled access, and repairing, constructing, acquiring, equipping classrooms, labs, sites, facilities, shall Marin Community College District issue $249,500,000 in bonds, at legal rates, with annual audits, citizen oversight, no money for administrator salaries?"

Bond - Yes Bonds - No

EXHIBIT B

FULL TEXT BALLOT PROPOSITION OF THE MARIN COMMUNITY COLLEGE DISTRICT BOND MEASURE ELECTION NOVEMBER 2, 2004

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

College of Marin Job Training, Classroom Preservation, Environmental, Safety Improvement Measure: "To provide affordable job training and four-year college preparation by:

• Using environmental building practices to improve science labs, classrooms, libraries,
• Maintaining educational facilities,
• Updating technology, wiring,
• Improving energy efficiency, fire safety, campus security, disabled access,

Bonds - Yes Bonds - No

PROJECTS

The Board of Trustees of the Marin 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. The District performed a Facilities Condition Assessment Study which showed that the District's facilities were in the lowest 10% of all California community colleges. The District also held public meetings throughout Marin County over an 18-month period to identify community priorities, in developing the scope of projects to be funded, as outlined in the District's Facilities Master Plan (the "Facilities Master Plan"), dated as of January 9, 2004 accepted by the Board of Trustees, incorporated herein, and as shall be further amended from time to time. In developing the scope of projects the students, faculty and staff have prioritized the key health and safety needs so the most critical needs and the most urgent and basic repairs that will make both campuses the clean and safe for learning are addressed and, in response to community concerns, scaled back the project list to use bond funds only for those projects which directly impact the quality of student learning. 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 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 Board of Trustees made six important determinations:

(i) It is critically important that all improvements at the College of Marin contribute to the preservation of the local environment, reflect architecture which will be sustainable and fit within the character of the area, and contribute to the reduction of levels of Marin County traffic congestion;

(ii) College of Marin programs to embrace job training skills must emphasize career opportunities which will help improve the local economy;

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

(iv) College of Marin must upgrade job training classrooms to meet the demands of a changing workforce particularly with state-of-the-art wiring and infrstructure for computers and other multimedia;

(v) College of Marin must help provide a better-educated workforce which will benefit local businesses and stimulate our economy through new classrooms, computer labs and job training programs;

(vi) College of Marin facility maintenance programs must emphasize energy efficiency to save future costs; and

(vii) College of Marin should employ "green building" techniques that are energy efficient, environmemtally responsible and will pay for themselves over time.

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

COLLEGE OF MARIN - KENTFIELD CAMPUS

• Modernize, Maintain, Equip, and/or Replace Kentfield Science Center, Obsolete Classrooms, Science and Computer Labs, Library, Instructional Facilities, Sites and Utilities; Meet Demands of Changing Workforce; Improve Accessibility for Disabled;

• Technology Upgrades:

• Repair, Replace and Upgrade Electrical and Mechanical Systems to Reduce Energy Consumption and Utility Billsand Accommodate Computer Technology, Internet Access and Communications Systems.

• Disabled Access; Safety Improvements; Asbestos Removal:

• Expand Classroom and Facility Capacity, Upgrade Classrooms/Labs For Nursing and Emergency Medical Services; Library-Research-Learning Center:

• Refinance Existing Lease Obligations related to Classrooms and Facilities:

• Improve Emergency Access and Evacuation Routes:

COLLEGE OF MARIN - INDIAN VALLEY CAMPUS

• Technology Upgrades:

• Repair, Upgrade, Equip, and/or Replace Obsolete Classrooms, Science and Computer Labs, Instructional Facilities, Sites and Utilities; Meet Demands of Changing Workforce:

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

• Safety Improvements; Asbestos Removal:

• Repair, Replace and Upgrade Electrical and Mechanical Systems and Central Plant to Reduce Energy Consumption and Utility Bills and Accommodate Computer Technology, Internet Access and Communications Systems.

• Upgrade and Modernize Classrooms, Science Labs andFacilities:

• Classrooms for University Center/Educational Park:

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, 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 estimateand 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 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,I NCLUDING 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.

ADOPTED, SIGNED AND APPROVED this 20th day of July, 2004.

BOARD OF TRUSTEES OF THE MARIN COMMUNITY COLLEGE DISTRICT By s/ Wanden P. Treanor

Board President

Attest:
s/ Frances L. White Secretary

STATE OF CALIFORNIA )

) ss

I, Frances L. White, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2004-7-20-12a., which was duly adopted by the Board of Trustees of the Marin Community College District at meeting thereof held on the 20th day of July, 2004, and that it was so adopted by the following vote:

AYES: 6 elected trustees - 1 student trustee (advisory vote) NOES: 1 elected trustee ABSENT: 0 ABSTENTIONS: 0

By s/ Frances L. White Secretary

AYES: Brockbank, Hayashino, Kranenburg, Long, Moore, Treanor NOES: Dolan

STATE MATCHING FUNDS

California Education Code section 15122.5 requires the following statement to be included in this sample ballot:

Approval of this bond measure does not guarantee that the proposed projects in the Marin Community College District that are the subject of bonds under this measure will be funded beyond the local revenues generated by this bond measure. The school district's proposal for certain of the projects may assume the receipt of matching state funds, which are subject to appropriation by the Legislature or approval of a statewide bond measure.