Measure K in focus as election nears

Voters asked help fund Delta's future, but last bond didn't accomplish all goals.

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County of San Joaquin Voter Information Guide & Sample Ballot, Delta College Measure K ballot language.

Delta College’s $598 million Measure K is on the ballot in three counties: Alameda, Sacramento and San Joaquin — but the district isn’t the only district pursuing a bond measure this November.

A total of 252 districts across the state are asking voters to approve bonds. Four of those are in San Joaquin County: Escalon, Ripon, Tracy and Galt. Oakdale Joint Unified School District is also pursuing a bond in Stanislaus County.

If Measure K passes, tax-payers will pay “$16 per $100,000 assessed valuation, generating $34,800,000 annually,” according to bond documents.

Depending on where in the county a resident resides, property taxes could go up even more with “yes” votes on the  other K-12 district measures.  

While this the first attempt in 20 years, it isn’t the first time Delta has pursued a bond. 

In March 2004, San Joaquin County tax-payers said yes to Delta’s Measure L. The bond was approved for $250 million. One of Delta’s goals was to become a multisite district, with plans to expand to a north county campus in Lodi and a south county campus in Mountain House.

Steve Mann, the mayor of Lodi from 1995 to 2000, has concerns about Measure K in light of failed promises.

“Lodi was promised a north campus,” said Mann. “It was a mess from the start. How do they expect Lodi taxpayers to support this bond measure, when promises were broken? I can speak for Lodi and say we were cheated.”

Delta still has high hopes for a north county campus. Superintendent/President Dr. Lisa Aguilera-Lawrenson said if Measure K passes, the promised Lodi campus and a Mountain House expansion are in the plans.

“The North and South campuses are still top priority,” said Aguilera-Lawrenson. “We still want to expand those areas for those different demographics. We have Mountain House which is at the border of Silicon Valley where technology is booming. Then there’s Lodi, where there’s agriculture, hospitality services, wineries; there’s so much Lodi offers. We want to expand Mountain House and make it a bigger campus to serve that population. And Lodi we want a big campus there too.”

Citizens also have hopes. Stockton resident Terrance Wilkes said he supports “Yes on Measure K.”

“I don’t see what’s wrong with voting yes,” said Wilkes. “$49 a year ain’t that bad. Yeah, it adds up but it’s goin’ to a good cause. Education is important and Delta wants to expand for their students. So what, if they messed up some odd years ago? People ask for second chances all the time.”

RESULTS OF MEASURE L

Measure L wasn’t without its share of critique or criticism.

In 2006, a complaint led to an investigation by the San Joaquin County Civil Grand Jury over misuse of Measure L funds and violations of the Brown Act. 

Delta was accused of violating the Brown Act by sharing closed-session discussions outside of the meetings and not uploading Citizens Oversight Committee (COC) agendas prior to meetings. 

This grand jury report led to an California State Controller audit report on Nov. 18, 2008. 

In the audit report, it was noted that Delta spent bond money outside of Measure L projects on high-tech marquees and institutional management software called Kuali. The report also found the COC as negligent by lack of reporting on project changes. 

MOUNTAIN HOUSE NEVER SAW PERMANENT BUILDINGS

Measure L plans included the opening of South Campus at Mountain House. But what was supposed to launch as permanent buildings has been portable facilities since August 2009.

According to the 2007-08 grand jury report, the Mountain House campus was initially estimated to cost $55 million, but had ballooned to $98 million by January 2008. 

“These figures do not include funds for Phase II and Phase III,” read the report. “At this time the plans call for portables (trailers) to be used to house students.”

The portables totaled $4.8 million.The entire campus was $30.4 million.

The Mountain House campus currently still consists of portable structures.

Mountain House resident and Delta student Sila Fatima attended the South campus in spring. Currently, she commutes to the Stockton campus, where she’s earning her associates degree in Speech Language Pathology Assistant.

“If my major prep classes were offered at MH campus, I would still attend it,” said Fatima. “Maybe prefer it over the Stockton campus to skip the commute. But my major courses are in Stockton, so that’s not an option for me… I would love for it (Mountain House) to become more of a traditional campus.”

CUNNINGHAM REPLACEMENT FACED LAWSUITS, DELAYS

Work also included upgrades to the Stockton campus, including the Science and Mathematics (SCMA) building. The building replaced the Cunningham Center, which opened in 1973. 

“[The] Cunningham building cannot support modern science programs,” read the 2005-06 COC annual report. “Due to the presence of asbestos, the delivery of technology to the building has been minor and enough to meet current and future program needs.” 

A groundbreaking ceremony for the Science and Math building happened on April 6, 2009.

In 2010, two construction companies were hired for the SCMA project, Kitchell Corporation and Taisei Construction Co. Kitchell was hired as construction managers and Taisei were the general contractors. The building was originally scheduled for completion in Fall 2013, according to the COC report from 2011-12. The following year’s report would delay the anticipated completion until January 2014. 

During this time, Taisei filed suit against Delta, alleging breach of contract, fraud, lack of information in regards to changes of construction plans and lack of payment. Delta countersued Taisei, alleging breach of contract by delaying the project’s completion. 

SCMA officially opened on Jan. 21, 2014. 

$2 MILLION NORTH COUNTY SITE UNSUITABLE FOR BUILDING

A proposed north county campus was going to feature programs that focused on viticulture (wine-making), public safety, hospitality and culinary arts, according to the 2005-06 Citizens Oversight Committee annual report. Those plans have yet to come to fruition.

By the following year, Delta had spent $2 million on 140 acres of property on Liberty Road in Galt, according to the 2006-07 COC annual report. By the COC annual report from 2012-13, this project was officially named “North County Campus.”

In 2016, hydrology assessments and extensive site history were analyzed by the Chancellor’s Office (CCC), Board of Governors, FEMA and the U.S. Army Corps of Engineers. Tests concluded the property was in a flooding zone and home to an endangered species of shrimp.

 Unable to build, Delta sold the property for $1.34 million in 2022.

Delta has worked to rebuild its presence in Lodi in recent years, with courses now being offered classes at the World of Wonders Science Museum in downtown Lodi.

RENOVATED PLANETARIUM TORN DOWN WITH CUNNINGHAM

The planetarium opened along with the Cunningham building in 1973. The planetarium was temporarily closed due to renovations when the SCMA project became a top priority, according to the 2007-08 COC annual report. 

The focuses of the renovations were to comply with the Americans with Disabilities Act accessibility standards, new seating and an installation of the high-tech projector called a “Sci-Dome.” 

The planetarium was re-opened Oct. 10, 2009, and astronaut Jose Hernandez was part of the ribbon cutting. According to the annual reports, the planetarium was an “educational outreach tool for the community.”

However, the planetarium was demolished with Cunningham in 2015.

“The state has indicated a new planetarium for Delta will be a high priority under a new state facilities bond,” read the 2013-14 COC annual report. “The state would pay 80 percent of the cost, leaving Delta with a cost of around $3 million. Currently, this project is on hold. Stay tuned!”

At a board meeting on July 18, 2017, the board was told the planetarium project wasn’t part of Measure L projects.

“Two currently authorized but relatively inactive projects — the North County Center (NCC) and the Planetarium Projects,” read the board agenda. “Are not anticipated to proceed in a timely manner to comply with this IRS rule.”

The planetarium had to be torn down due to state requirements, said Director of Facilities Planning and Management Stacy Pinola. 

“The Planetarium was part of the Cunningham Building that was slated to be torn down as part of the matching funds from the Chancellor’s Office to build the new Science and Math Building,” said Pinola. “If we did not tear down the Cunningham Building we would have returned the funds to the Chancellor’s Office.”

A planetarium is mentioned in Measure K’s ballot language.

“It is a project of interest if the funding is available,” said Pinola. 

MEASURE L FUNDS OTHER CRITICAL PROJECTS

Measure L funds were used for multiple building upgrades on campus.

The DeRicco Student Services building opened on Sept. 29, 2009, and was the first Measure L completed. At that time, student services like financial aid, counseling, career and transfer services were spread out on campus, mostly between Holt and Danner Hall. 

The Phelps Police building, Goleman Library renovations, Shima Heavy Equipment expansion, District Data Center and Danner Hall  renovations were all completed under Measure L, in addition to smaller projects and renovations on the main campus. 

Measure L funds are also being used for the Physical Education/Recreation and Athletics (PERA) project — for the second time. The soccer field project was finished in 2007. By fall 2014, the field was reconstructed due to the wrong layers of grass, making it uneven. It was finished in 2016. 

The baseball fields, football and track field were originally finished in spring 2009. By fall 2022, water damage caused performance issues and safety hazards for Mustang teams. The athletic fields are predicted to be completed next summer. 

SURVEY SHOWS SUPPORT

Since 2020, Delta has conducted community surveys regarding the potential bond measure. In order for a school district to get a bond measure on the ballot, the college needs 55 percent of the community to vote yes. 

In June 2022, a board meeting covered a bond survey showed 55 percent numbers were “too soft” to appear on the ballot. The community survey was conducted in April of that year. 

The goal was to plan for 2024 bond. According to the survey, “2024 offers longer planning timeline to continue external outreach and information, engage broader community.” 

A bond survey was conducted between May 13-19, 2024. Six-in-ten voters had similar opposition statements. Concerns were generally regarding not wanting to pay higher taxes. However, there were two different groups of voters that had the same concern. 

“Too many of the funds from this measure will be spent in remote areas of the district,” read the opposition statement from Stockton residents. “And won’t improve the main campus in Stockton where most students and classes are located. Our area has been waiting too long for better local community college facilities, and this plan doesn’t do enough.”

Non-Stockton residents’ opposition statements had the same concerns but vice versa.

Survey results showed 60 percent of “initial votes” being in favor. That number increased 5 percent after voters received bond information. Once voters saw the tax amount, votes changed to 58 percent support. After seeing opposition statements the number decreased by 1 percent. 

PROMOTING MEASURE K

“Yes on Measure K” boards are posted throughout San Joaquin County. Facebook and Instagram pages were made on Sept. 17 called ‘Strong Delta College: Yes on Measure K.’ A website, strongdeltacollege.org, was also launched with information.

School districts can provide information about bonds being pursued, such as background history and proposed projects, but can’t promote or support them using district funds.  

“We cannot directly advocate for it … We can’t use college resources, can’t do it on staff time,” said Alex Breitler, director of Marketing and Communications. “What we can do, on the clock, is give informational background to the community.”

The district spent $78,000 dollars on potential bond consultations with TeamCivx, according to purchase orders from July and August 2024. 

“Now that we are in campaign mode, the Foundation has played a key role in funding all aspects of the Measure K campaign effort,” said Breitler.

In May 2024, the Delta Foundation had a meeting to discuss potential bond campaign and support funding. The foundation board members approved $200,000 contribution from unrestricted funds.

“The district has its own funds. Like the adopted budgets, they’re different from the foundation’s,” said Joseph Feneck, Executive Director of Delta College Foundation. “The foundation’s unrestricted funds are exactly what it means. Those funds don’t have any specific intent or restrictions or purpose in terms of how they can be used. ”

Measure K would help the college take care of needed facilities upgrades, but Delta is not putting all of its eggs in one basket with the bond. 

“We have tremendous facilities needs and they’re quite urgent,” said Breitler. “I don’t want to get too far into speculation on what’s going to happen if it doesn’t pass. But we are mindful about the possibility and we’re making some plans.”

A REBUTTAL WITHOUT AN ARGUMENT

In July 2024, former COC member Bob Bentz wrote “REBUTTAL TO THE ARGUMENT IN FAVOR OF MEASURE K
SAN JOAQUIN DELTA COLLEGE
.” However, his rebuttal doesn’t count and will not be presented in San Joaquin County’s voter guide.

“Olivia Hale called me,” said Bentz. “To inform me that my rebuttal doesn’t count because I didn’t submit an argument first. Steve Reed called her to remind her.”

According to Election Code 9167, submit an argument against first and then submit rebuttal argument.

“In the Elections Code only submitters of arguments in favor or against a measure are entitled to file rebuttals to the opponent’s argument in favor or against a measure,” said Olivia Hale from San Joaquin County Registrar of Voters. “His rebuttal was temporarily placed on our website and then was immediately removed when it was determined by the Elections Code that he was required to file the argument first. It will not be published in the voter guide, which is required by law for properly filed arguments and rebuttals.”

However, Bentz’s rebuttal pops up when searching “Delta College Measure K.”

Bentz originally wrote out his argument before the deadline date, July 29, 2024 at 5 p.m.

Rebuttal-to-the-Argument-in-Favor-of-K