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North Orange County Community College District Bond Proposition, Measure J (November 2014)

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A North Orange County Community College District Bond Proposition, Measure J ballot question was on the November 4, 2014 election ballot for voters in the North Orange County Community College District in Orange and Lost Angeles counties, California. It was approved by just 15 votes out of the 154,035 votes cast. Because the margin of victory was so small, the results of Measure J are being contested in court.[1]

Measure J authorized the district to increase its debt by $574 million through issuing general obligation bonds in that amount. District officials estimated that a property tax of $14.90 per $100,000 of assessed property value would be required to repay these bonds.[2][3]

A 55 percent supermajority vote was required for the approval of this measure.

Aftermath

Although the bond measure was officially approved by the certified election results count and recount, the margin of victory was so small - 15 votes - that the results of the measure are being contested in court.[1]

Lawsuit

Although a recount of the votes cast on this measure resulted in no change in the vote tally, opponents of the bond measure filed a lawsuit on behalf of the North Orange County Business Coalition claiming that enough of the ballots cast were done so improperly to invalidate the election. Glenn Vodhanel, a member of the coalition, said, “We plan to present 42 provisional ballots for which the required declaration was not signed by the provisional voter. Further, when we look at the signature comparisons that have been allowed, after reviewing a small sample of the vote by mail and provisional ballots, we have identified hundreds of signatures that a reasonable person could not identify as similar to the signature on the voter registration card.”[1]

Any citizen or group of voters is allowed to demand a review or recount of votes as long as the plaintiffs fully fund the review or recount process. The business coalition already paid $6,896.22 to recount ballots in Los Angeles County - $2,300 for ballot sorting and $39 an hour each for two employees.[1]

Election results

Approveda Measure J
County: Yes No
Votes % Votes %
Orange County 82,751 55.1% 67,420 44.9%
Los Angeles County 2,029 51.41% 1,918 48.59%
Totals: 84,780 55.02% 69,338 44.98%
Measure J
ResultVotesPercentage
Approveda Yes 84,780 55.02%
No69,33844.98%
Election results from Orange County Elections Office and LA County Elections Office

Text of measure

Ballot question

The question on the ballot:[4]

FULLERTON/CYPRESS COLLEGES REPAIR AND STUDENT/VETERAN JOB TRAINING MEASURE. To upgrade nursing, science, technology, engineering, math/technical job training facilities, repair decaying walls/leaky roofs, update outdated computer technology, fire safety/electrical systems, ensure disabled accessibility, repair, construct, acquire facilities, sites/equipment so local students/returning veterans are prepared for universities/jobs, shall North Orange County Community College District issue $574,000,000 in bonds at legal rates, with audits, oversight and NO money for administrators’ salaries, pensions or Sacramento?[5]

Impartial analysis

The following impartial analysis was prepared for this measure:[2]

Approval of the measure would authorize the Board of Trustees of the North Orange County Community College District (“District”) to issue general obligation bonds in an amount not to exceed $574,000,000.

The California Constitution provides that community college districts may issue general obligation bonds for the construction, reconstruction, rehabilitation or replacement of school facilities, including the furnishing and equipping of school facilities or the acquisition or lease of real property for school facilities, with the approval of 55% of the voters of the district, voting at an election for that purpose.

Funds received from the sale of the bonds shall be expended only on the specific projects listed in the measure, including upgrading nursing, science, technology, engineering, math and technical job training facilities; repairing and replacing walls, doors, windows and roofs; improving disability access; repairing and replacing electrical, gas, heating, lighting, ventilation, drainage, sewer, and plumbing systems; upgrading and replacing information technology, computers, infrastructure and network systems; upgrading telecommunications, internet and network connections; renovating, repairing or replacing laboratories, classrooms, instructional equipment, training centers and support facilities; removing hazardous materials; installing and repairing fire safety equipment and security systems; renovating student and staff restrooms; upgrading facilities for energy efficiencies and water conservation; constructing new instructional and support buildings; replacing elevators; and upgrading, resurfacing, replacing or relocating courts, gyms, athletic facilities, parking lots, garages, fields, turf and irrigation systems.

The measure provides that a citizens’ oversight committee will be established to ensure that bond proceeds are properly expended. In addition, annual performance and financial audits will be conducted. The measure further provides that bond proceeds will not be used for faculty or administrator salaries or other school operating expenses.

Approval of this measure will also authorize the District to levy an ad valorem tax on the assessed value of real property within the District by an amount needed to pay the principal and interest on these bonds in each year that the bonds are outstanding.

The Tax Rate Statement for the measure in this sample ballot pamphlet reflects the District’s best estimates, based upon currently available data and projections, of the property tax rates required to service the bonds.

If 55% of the voters of the school district voting on the measure vote yes, the District will be authorized to issue bonds in an amount not to exceed $574,000,000. A no vote on this measure will disapprove the issuance of the bonds and the levy of the taxes for such bonded indebtedness.

The measure was placed on the ballot by the Board of Trustees of the District. Approval of Measure J does not guarantee that the proposed project or projects in the school district that are the subject of bonds under Measure J will be funded beyond the local revenues generated by Measure J. The school district’s proposal for the project or projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.[5]

—Orange County Counsel[2]

Full text

The full text of the measure is available here.

Support

Supporters

The following individuals signed the official arguments in favor of this measure:[6]

  • Art Alfaro, Fullerton College Veteran’s Club President
  • Steve Shanahan, local employer
  • Leah Reed, Emergency Room Nurse, West Anaheim Medical Center
  • Richard Fee, Cypress College Professor in Chair Science Dept.
  • Stephen Tith, Fullerton College Student Trustee

Arguments in favor

The following was submitted as the official arguments in favor of this measure:[6]

Can’t believe how much four-year universities cost these days? Concerned it’s impossible to get a job in our sluggish economy?

Vote YES on J for quality college education and job training at Fullerton College and Cypress College – at a cost students, families and veterans can actually afford!

The fact is, with the cost of four-year universities skyrocketing, strong affordable community colleges – like Fullerton and Cypress Colleges – are more important than ever. They can save students $40,000 on their way to a four-year degree. And provide the hands-on career training and workforce preparation students need to have any chance of succeeding in a very competitive job market.

  • YES on J increases opportunities for local students and veterans to earn college credits, certifications, and job skills at a reasonable price.
  • YES on J improves training/education in nursing, science, technology, engineering and math to meet the needs of local employers; keep high-paying jobs in our area; and attract more high-tech jobs.

YES on J continues our community's strong tradition of patriotism and supporting our returning veterans. It's shameful how the Federal Government is treating our veterans. Many have recently returned from war zones and face challenges including post-traumatic stress disorder and permanent disabilities.

  • YES on J upgrades and expands Fullerton and Cypress Colleges’ veteran services and facilities.
  • YES on J improves access for disabled students.
  • YES on J expands job-placement facilities to train veterans to YES on J re-enter the civilian workforce.

By law, Measure J requires annual audits and an Independent Citizens’ Oversight Committee to ensure every dime is spent as promised. NO money can go to administrators’ salaries or pensions or be taken by Sacramento!

Join veterans, local employers, nurses, students, professors, and community leaders in voting YES on J.[5]

—Art Alfaro, Steve Shanahan, Leah Reed, Richard Fee and Stephen Tith[6]

Opposition

Opponents

The following individuals signed the official arguments in opposition to this measure:[7]

  • Wayne Lindholm, president of the Lincoln Club of Orange County
  • Jack Dean, president of the Fullerton Association of Concerned Taxpayers (FACT)
  • Bruce W. Whitaker, city council member
  • Peggy Huang, state prosecutor
  • Ed Sachs, member of Community Common Sense

Arguments against

The following was submitted as the official arguments in opposition to this measure:[7]

Measure J proposes a $574,000,000 bond. A bond is like the government taking out a loan from Wall Street investors, and your taxes are raised to pay off that loan. Measure J asks taxpayers to pay off a $574,000,000 loan – with interest.

Measure J is a tax hike of more than half a billion dollars!

Before Proposition 39, community college districts needed 2/3 voter approval to pass bonds. Even though North Orange County voters rejected Proposition 39 in 2000, 53% of Californians approved allowing community college districts to lower the bond threshold to 55%.

However, the lower 55% threshold is an option – not a requirement. The North Orange County Community College District (NOCCCD) could have honored the 2/3 vote threshold for bonds.

NOCCCD took advantage of this new lower threshold in the very first election they could use it – even though they weren’t required to use it: in 2002, a $239,000,000 NOCCCD bond was approved at the lower threshold.

Measure J takes advantage of the lower threshold rejected by North Orange County voters and is more than double the size of the 2002 bond! We’re still paying for the 2002 bond, and now they want us to approve a bigger one?

Measure J raises your property tax. What does that mean for you?

  • Homeowners will pay more taxes
  • Renters will see higher rent as landlords pass on the costs of higher taxes
  • Struggling family businesses will pay higher rent as landlords pass on the costs of higher taxes
  • Customers will see higher prices as businesses pass on the costs of higher taxes

Aren’t we taxed enough already?

Anaheim, Brea, Buena Park, Cypress, Fullerton, Garden Grove, La Habra, La Palma, Los Alamitos, Placentia, Rossmoor, Seal Beach, Stanton, and Yorba Linda can’t afford another tax increase.

Vote “No” on Measure J, the half-billion dollar tax hike![5]

—Wayne Lindholm, Jack Dean, Bruce W. Whitaker, Peggy Huang and Ed Sachs[7]

See also

External links

Footnotes