WHEREAS, the Board of Trustees (the Board) has determined that certain properties and equipment within the San Joaquin Delta Community College District (the District), within San Joaquin County (San Joaquin County), Calaveras County ("Calaveras County"), Sacramento County ("Sacramento County"), Alameda County ("Alameda County") and Solano County (Solano County), need to be acquired, constructed, improved, and equipped to enable the District to maintain San Joaquin Delta College as a valuable community resource, to train and re-train local residents for higher-paying and better skilled jobs, and to enhance the educational opportunities for the students in the District who desire to transfer to four-year colleges; and

WHEREAS, due to the rapid growth in the District's service area, thousands of new students are entering college each year and San Joaquin Delta College desires to respond to such growth by expanding its campuses and constructing new facilities; and

WHEREAS, the District, in collaboration with faculty, staff and the community has prepared a Facilities Master Plan which outlines the District's anticipated facility needs; 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 and expand San Joaquin Delta 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 administrators' 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 the District, 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 March 2, 2004, and to request each of the San Joaquin County Registrar of Voters, the Calaveras County Registrar of Voters, the Sacramento County Registrar of Voters, the Alameda County Registrar of Voters and the Solano 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 San Joaquin County Registrar of Voters, the Calaveras County Registrar of Voters, the Sacramento County Registrar of Voters, the Alameda County Registrar of Voters and the Solano 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 SAN JOAQUIN DELTA 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 each of the San Joaquin County Registrar of Voters, the Calaveras County Registrar of Voters, the Sacramento County Registrar of Voters, the Alameda County Registrar of Voters and the Solano 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 $250 million (the Bonds) shall be issued and sold to raise money for the purposes described in Exhibits A and B hereto. Exhibit B hereto is directed to be printed in the voter pamphlet.

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 faculty, staff and administrator salaries and other college operating expenses;

(b) that the Board, in establishing the projects set forth in Exhibit B, evaluated the safety, enrollment, 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 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 the Proposition 39 limits 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 San Joaquin County Registrar of Voters, the San Joaquin County Board of Supervisors, the Calaveras County Registrar of Voters, the Calaveras County Board of Supervisors, the Sacramento County Registrar of Voters, the Sacramento County Board of Supervisors, the Alameda County Registrar of Voters, the Alameda County Board of Supervisors, the Solano County Registrar of Voters, and the Solano 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 San Joaquin County Registrar of Voters, the Calaveras County Registrar of Voters, the Sacramento County Registrar of Voters, the Alameda County Registrar of Voters and the Solano 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 San Joaquin County Registrar of Voters, the Calaveras County Registrar of Voters, the Sacramento County Registrar of Voters, the Alameda County Registrar of Voters and the Solano County Registrar of Voters no later than November 19, 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 San Joaquin County, Calaveras County, Sacramento County, Alameda County and Solano 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 each of the foregoing counties, 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 18th day of November, 2003.

BOARD OF TRUSTEES OF THE SAN JOAQUIN DELTA COMMUNITY COLLEGE DISTRICT

DAN S. PARISES, Board President

Attest:

RAUL RODRIGUEZ, Secretary

STATE OF CALIFORNIA )

)ss

SAN JOAQUIN 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 San Joaquin Delta Community College District at meeting thereof held on the 18^th day of November, 2003, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

RAUL RODRIGUEZ, Secretary

EXHIBIT B
FULL TEXT BALLOT PROPOSITION

OF THE SAN JOAQUIN DELTA COMMUNITY COLLEGE DISTRICT
BOND MEASURE ELECTION MARCH 2, 2004

The following is the full proposition presented to the voters of the San Joaquin Delta Community College District.

San Joaquin Delta College Repair/Job Training Measure: To prepare students for jobs/ transfer to four year colleges, repair buildings, improve safety, accommodate growing enrollment by:

Repairing leaky roofs, decaying walls, electrical wiring;
Improving fire safety;
Removing asbestos;
Expanding/establishing Stockton, Manteca, Tracy, Lodi/Galt, Foothill Area campuses/education centers;
Upgrading, acquiring, constructing, equipping buildings, sites, classrooms;

shall San Joaquin Delta Community College District issue $250,000,000 in bonds, at legal rates, with citizen oversight, guaranteed annual audits and no money for administrators' salaries?

Bonds - Yes Bonds No< No

PROJECTS

The Board of Trustees of the San Joaquin Delta Community College District evaluated the District's urgent and critical facility needs, including safety issues, aging facilities, enrollment growth, class size and availability, energy reduction and information and computer technology, in developing the scope of projects to be funded, as outlined in the San Joaquin Delta College Facilities Master Plan, incorporated herein, and as shall be further amended from time to time. In developing the scope of projects, the faculty, staff and students have prioritized the key repair, job training, health and safety needs so that the most critical needs are addressed. The Board of Trustees 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, community and business 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) Statewide budget cuts are damaging San Joaquin Delta College's ability to provide high-quality affordable education for local students;

(ii) San Joaquin Delta College must add new Education Centers and classrooms throughout the District, not just in Stockton, to meet the rapid growth in the San Joaquin Valley which has resulted in thousands of new students seeking an affordable local educational and job training opportunities;

(iii) San Joaquin Delta College must continue to provide facilities and specialized job training programs in nursing, fire safety, emergency medical services and policing to meet the needs of local communities;

(iv) In tough economic times it is critically important for San Joaquin Delta College to provide facilities for expanded job and vocational training to students and adults seeking to acquire job skills that will benefit local businesses and stimulate our economy;

(v) It is less expensive to construct, upgrade and repair aging/outdated classrooms and facilities now, than in the future and if this need is not addressed now, the problems will only get worse; and

(vi) Because University of California and California State University systems are becoming more expensive, more people rely on community colleges, therefore San Joaquin Delta College must be upgraded so it can provide local students with a high quality education they might not otherwise receive.

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

DELTA COLLEGE – STOCKTON CAMPUS

Repair, Upgrade, and/or Replace Aging Obsolete Classrooms, Library, Science Labs, Instructional Facilities, Sites and Utilities:

Repair, renovate and/or replace deteriorating roofs, corroding pipes, plumbing, sewer, drainage, electrical systems, wiring, bathrooms, telecommunications, foundations, classrooms, fields and grounds, science laboratories, lecture halls, upgrade 30 year old library to include computer technology and more study areas, planetarium, child development center, and other facilities; wire classrooms for computers and technology, increase campus security, installation and repair of fire safety equipment, including alarms, smoke detectors, sprinklers, emergency lighting, fire safety doors, increase energy efficiency; relocate facilities and field lab at Mountain Ranch; reduce operating costs and improve job training and academic instruction, and meet legal requirements for disabled access.

Safety Improvements; Hazardous Materials Removal:

Upgrade existing fire alarms, sprinklers, smoke detectors, intercoms and fire doors; install security systems, exterior lighting, emergency lighting, door locks and fences, install emergency power generators and replace outdated switchgear; remove hazardous materials.

Expand Job Training and Academic Classrooms, Library and Facility Capacity:

Increase classroom capacity for academic and job training classes, including math, business, english, science (including biology, chemistry, physical science) labs, library, physical and health education facilities; repair administration wing; build, upgrade, repair, equip, or expand student services buildings to include academic and job training and counseling centers, study areas, lecture/meeting/seminar rooms, computer hook-up and other student support, as well as fine and performing arts,, auto tech yard, labs, shops,; relocate and build maintenance building to support facilities and free up classroom space.

Energy Efficiency Improvements; Repair, Replace and Upgrade Electrical, Mechanical, and Energy Systems To Reduce Energy Consumption:

Replace old energy systems, heating, ventilation and air conditioning system and related utility systems; energy efficiency projects designed to increase efficiency.

Information Technology Wiring and Equipment:

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

Refinance Existing Lease Obligations To Lower Interest Rates and Increase Funds Available For Instruction and Ongoing Maintenance of Classrooms and Buildings.
Safety and Security; Sites; Site Accessibility; Improve Emergency Access:

Improve pedestrian access routes across campus for safety; improve campus safety and security by adding exterior lighting; implement safety upgrades to relieve gridlock, traffic flow and parking congestion; redesign campus walkways to eliminate unsafe conditions; repair or replace outdated natural gas, water, sewer, storm drain systems; add parking facilities to accommodate increasing student population; remove dangerous asbestos; acquire property to expand student capacity, increase access for emergency vehicles.

SAN JOAQUIN DELTA COLLEGE – EDUCATION CENTERS

Establish an Expanded San Joaquin Delta College Education Center in Tracy/Mountain House Area to Accommodate Growth and Increasing Student Enrollment:

Provide permanent classrooms, labs, library, job training and college transfer counseling facilities in Phase 1 of the Mountain House (Tracy area) Education Center.

Expand San Joaquin Delta College Education Center in Manteca to Accommodate Growth and Increasing Student Enrollment:

Build a new academic classroom building and upgrade existing classrooms and agricultural buildings to allow more students access to an affordable education. Relocate viticulture program to Manteca Farm.

Establish San Joaquin Delta College Education Center in Lodi/Galt Area to Accommodate Growth and Increasing Student Enrollment:

Acquire a site(s) in the Lodi/Galt area to provide permanent classrooms, labs, job training and college transfer counseling buildings facilities, and allow local students greater access to an affordable education.

Establish San Joaquin Delta College Education Center in Mother Lode/Foothills Area to Accommodate Growth and Increasing Student Enrollment:

Acquire a site(s) in the Mother Lode/Foothills area to provide permanent classrooms, labs, job training and college transfer counseling buildings facilities, and allow local students greater access to an affordable education. Classrooms will be funded from a combination of local bond money and State matching funds.

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 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.

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 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 CITIZENSÕ OVERSIGHT COMMITTEE TO ENSURE THAT FUNDS ARE SPENT AS PROMISED AND SPECIFIED. THE CITIZENSÕ 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, ACQUISITION, REHABILITATION, OR REPLACEMENT OF COLLEGE FACILITIES, INCLUDING THE FURNISHING AND EQUIPPING OF COLLEGE FACILITIES, AS DESCRIBED, AND NOT FOR ANY OTHER PURPOSE, INCLUDING FACULTY, STAFF AND ADMINISTRATOR SALARIES AND OTHER OPERATING EXPENSES. BY LAW, ALL FUNDS CAN ONLY BE SPENT ON THE DESCRIBED PROJECTS.