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LWV League of Women Voters of California Education Fund
Smart Voter
Alameda County, CA February 5, 2008 Election
Measure G
2008 Education Parcel Tax Measure
Oakland Unified School District

2/3 Approval Required

Pass: 87837 / 79.40% Yes votes ...... 22789 / 20.60% No votes

See Also: Index of all Measures

Results as of Feb 28 4:30pm, 100.0% of Precincts Reporting (257/257)
Information shown below: Impartial Analysis | Arguments | Full Text

To attract and retain highly qualified teachers, maintain courses that help students qualify for college, maintain up-to-date textbooks and instructional materials, keep class sizes small, continue after-school academic programs, maintain school libraries, and provide programs, including arts and music, that enhance student achievement, shall Oakland Unified School district, without increasing he current rate, continue to levy its education special tax of $195 per parcel, commencing July 1, 2009, exempting low-income taxpayers, and with all money benefiting Oakland schools?

Impartial Analysis from Alameda County Counsel
Measure G, an Oakland Unified School District ("District") special parcel tax measure, seeks voter approval to authorize the District to levy a special parcel tax in the amount of $195 per year on each parcel of taxable land, beginning July 1, 2009 to fund the programs set forth in the measure.

A school district has the authority to levy special taxes upon approval by two-thirds of the votes cast on the special tax proposal pursuant to the provisions of Section 4 of Article XIII A and Section 2 of Article XIII C of the California Constitution and sections 50075-50077, 50079, and 53722 of the California Government Code.

Voters of the District have previously authorized i 2004 an annual parcel tax assessment in this same amount, which assessment expires on July 1, 2009. This measure would extend this special parcel tax in this amount indefinitely.

If two-thirds of the qualified electors voting on this measure vote for approval, the allocation of the funding revenue is to be used for the specific purposes set forth in the full text of the measure printed in this sample ballot. The measure indicates these tax funds are proposed by the District primarily to be used to attract and retain highly qualified teachers and to maintain the following: courses that help students qualify for college, up-to-date textbooks and materials, school libraries, music and arts programs, reduced class sizes, and after-school academic programs. The measure further provides that the monies collected shall be accounted for separately and shall be expended only for these specified purposes. A citizens' oversight committee will advise the District about proper expenditure of the proceeds of the special tax.

If the measure passes, a special tax will be imposed annually in the amount of $195 per parcel of taxable property. The tax will be collected by the Alameda County Treasurer-Tax Collector at the same time and in the same manner as ad valorem property taxes are collected. Upon annual application to the District, an exemption may be granted to each owner of single family residential units in which they reside who qualify as "very low income" for a family of such size under Section 8 of the U.S. Housing Act of 1937, 42 U.S.C.A. Section 1437 et seq.

If two-thirds of the qualified lectors voting on this measure do not vote for approval, the measure will fail and the Oakland Unified School District will not be authorized to levy the special parcel tax.

s/RICHARD E. WINNIE
County Counsel

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Arguments For Measure G
In 1996 local voters approved a school parcel tax that provides important supplemental funding for Oakland schools. This funding was renewed by voters in 2001 and 2004. This funding is again set to expire next year. Measure G will continue this funding without increasing taxes. Measure G simply extends our existing school parcel tax and will not increase your tax rate.

Specifically, Measure G will:

  • Attract and retain qualified and credentialed teachers by offering competitive salaries and benefits
  • Maintain up-to-date textbooks and instructional materials
  • Keep class sizes small in Kindergarten through 3rd grade
  • Prepare students for college by ensuring high school courses meet University of California requirements
  • Maintain after school tutoring programs that help students with their homework and keep then out of trouble
  • Maintain school library, music and arts programs

An Independent Citizens' Oversight Committee has reviewed the expenditure of these funds annually and reported that the school district has used the funds as promised. This Oversight Committee will continue to monitor expenditures to ensure they are spent properly.

Every penny from Measure G will stay here in Oakland and can't be taken away by the State. No funds from Measure G will be used for administration.

An exemption is available for low-income residents to make sure that Measure G is not a burden on those who cannot afford it.

Without Measure G Oakland schools will lose more than $20 million in annual funding. The loss of this funding would require deep cuts to classroom instruction including teacher layoffs, larger class sizes and elimination of programs that have helped reduce dropout rates and increase student test scores.

Measure G will continue important funding for Oakland schools without increasing taxes.

Please vote Yes on G.

s/Ronald V. Dellums
Mayor of Oakland
s/David Kakishiba
President, Oakland Unified School District Board of Education
s/Jody S. London
Chabot Parent Teacher Association
s/Andrew Montgomery
President, United Seniors of Oakland and Alameda County
s/Betty Olson-Jones
President, Oakland Education Association

(No arguments against Measure G were submitted)

Full Text of Measure G
FINDINGS

WHEREAS, the District is determined to improve the quality and excellence provided to its students in its educational programs throughout the District; and

WHEREAS, funding from the State of California (the "State") has not been adequate to meet these goals, and the District has no assurance that State funding will permit the District to meet these goals in the future; and

WHEREAS, funding from the Federal Government is insufficient to meet these goals, and the District has no assurance that Federal funding will permit the District to meet these goals in the future; and

WHEREAS, other continued efforts by the District to generate funds for the District's educational programs - including lobbying the State Legislature, soliciting contributions of money, equipment, and software from local businesses and charitable foundations, and budget cuts - cannot produce sufficient revenues to maintain and improve the educational programs District students need and deserve for their academic success; and

WHEREAS, in March of 2004, Oakland voters approved the continuation and increase of the existing parcel tax, which has provided critical funding to support the education activities outlined in that measure, and which is to sunset on June 30, 2009; and

WHEREAS, in order to continue meeting the educational needs of all of the District's students, the State Administrator believes it is necessary to request voters to authorize a qualified special tax in the amount of $195 per year per taxable parcel, to be collected beginning July 1, 2009;

TERMS OF 2008 EDUCATION PARCEL TAX

Terms and Purposes. Upon approval of two- thirds of those voting on this measure, the District shall be authorized to and shall levy a qualified special tax of $195 per year on each parcel of taxable real property in the District, commencing July 1, 2009.

The qualified special tax shall be known and referred to as the "2008 Education Parcel Tax". Proceeds of the 2008 Education Parcel Tax shall be authorized to be used to attract and retain highly qualified teachers, maintain courses that help students qualify for college, maintain up-to-date textbooks and instructional materials, keep class sizes small, continue after school academic programs, maintain school libraries, and provide programs, including art and music programs, that enhance student achievement.

Low-Income Exemption. An exemption from this tax shall be made for owners of single family residential units in which they reside whose combined family income from all sources for the previous calendar year is at or below the income level qualifying as "very low income" for a family of such size under Section 8 of the United States Housing Act of 1937, 42 U.S.C.A. Sections 1437 et seq. for each year. Owners must apply for this exemption annually by petition to the Office of the Chief Financial Officer of the District in the manner and at the time set forth in procedures established by the District. Such petitions shall be on forms available from the Chief Financial Officer's office and must provide information sufficient to verify income including, but not limited to, federal income tax returns and W-2 forms of owner-occupants.

ACCOUNTABILITY PROVISIONS

Independent Citizens' Oversight Committee. The State Administrator or Board of Education shall establish an independent Citizens' Oversight Committee to ensure that proceeds of the 2008 Education Parcel Tax are spent only for the purposes named in this measure.

Annual Audit. Upon the levy and collection of the 2008 Education Parcel Tax, the State Administrator shall cause an account to be established for deposit of the proceeds. For so long as any proceeds of the 2008 Education Parcel Tax remain unexpected, the State Administrator or the Superintendent of the District shall cause a report to be prepared no later than December 31 of each year, commencing December 31, 2009, stating (1) the amount of 2008 Education Parcel Tax revenues received and expended in such year, and (2) the status of any projects or description of any programs funded from proceeds of the tax. The report may relate to the calendar year, fiscal year, or other appropriate annual period, as the State Administrator or the Superintendent shall determine, and may be incorporated into or filed with the annual budget, audit, or other appropriate routine report.

Specific Purposes. All of the purposes named in the measure shall constitute the specific purposes of the 2008 Education Parcel Tax, and proceeds of the tax shall be applied only for such purposes.

LEVY AND COLLECTION

The 2008 Education Parcel Tax shall be collect- ed by the Alameda County Treasurer-Tax Collector at the same time and in the same manner and shall be subject to the same penalties as ad valorem property taxes collected by the Treasurer-Tax Collector. Unpaid taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. The collection of the 2008 Education Parcel Tax shall not decrease the funds available from other sources of the District in any period from the effective date hereof.

"Parcel of taxable real property" shall be defined as any unit of real property in the District which receives a separate tax bill for ad valorem property taxes from the Alameda County Treasurer-Tax Collector's Office. All property which is otherwise exempt from or on which are levied no ad valorem property taxes in any year shall also be exempt from the 2008 Education Parcel Tax in such year. In addition, parcels owned and occupied by individuals or families with very low income may be exempt from the 2008 Education Parcel Tax as described above.

The District shall annually provide a list of parcels which the District has approved for a Low Income Exemption from the 2008 Education Parcel Tax as described above to the Alameda County tax collection officials. The Alameda County Assessor's determination of exemption or relief for any reason of any parcel from taxation, other than through the Low Income Exemption, shall be final and binding for the purposes of the 2008 Education Parcel Tax. Taxpayers wishing to challenge the County Assessor's determination must do so under the procedures for correcting a misclassification of property pursuant to Section 4876.5 of the California Revenue and Taxation Code or other applicable procedures. Taxpayers seeking a refund of 2008 Education Parcel Taxes paid shall follow the procedures applicable to property tax refunds pursuant to the California Revenue and Taxation Code.

SEVERABILITY

The State Administrator hereby declares, and the voters by approving this measure concur, that every section, paragraph, sentence and clause of this measure has independent value, and the State Administrator and the voters would have adopted each provision hereof regard- less of every other provision hereof. Upon approval of this measure by the voters, should any part be found by a court of competent jurisdiction to be invalid for any reason, all remaining parts hereof shall remain in full force and effect to the fullest extent allowed by law.


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Created: March 21, 2008 14:52 PDT
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