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Santa Clara County, CA November 3, 2009 Election
Measure G
Parcel Tax
Fremont Union High School District

2/3 Approval Required

Fail: 19,995 / 59.66% Yes votes ...... 13,518 / 40.34% No votes

See Also: Index of all Measures

Results as of Nov 9 3:01pm, 100.0% of Precincts Reporting (124/124)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

To provide stable, local funds needed to protect teaching positions, and assure that Cupertino, Fremont, Homestead, Lynbrook, and Monte Vista High School students are prepared to successfully compete for college admission, shall the Fremont Union High School District replace its existing, expiring parcel tax with a tax at the same annual rate of $98 per parcel to be adjusted annually for inflation, with all funds benefitting local high schools, and offering an exemption to seniors and the disabled?

YES
NO

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote is a vote to approve a qualified special tax on parcels within the District.

A NO vote on this measure means:
A "no" vote is a vote not to approve a qualified special tax on parcels within the District.

Impartial Analysis from the County Counsel
A school district, following notice and public hearings, has the authority to levy special taxes upon approval by two-thirds of the votes cast on the special tax proposal pursuant to section 4 of Article XIIIA of the California Constitution and sections 50075-50077, 50079, and 53722 of the California Government Code.

The Board of Trustees of the Fremont Union High School District (the District) proposes replacing the existing qualified special tax on each parcel within the District, authorized in 2004 by Measure L and due to expire on June 30, 2011, with a new qualified parcel tax that does not have an expiration date. The existing Measure L rate is $98 per parcel; the replacement parcel tax authorized by this measure would also be levied at the rate of $98 per parcel in the initial year. To account for the costs of inflation, this Measure would also authorize an annual adjustment to this rate, commencing July 1, 2011, by 2% per year or by the percentage change in the U.S. Consumer Price Index-All Urban Consumers, whichever is greater. Under no circumstances, shall both parcel taxes be collected.

The funds collected pursuant to this tax shall be used to provide financial support to local school programs in accordance with priorities established by the Board of Trustees, to the extent funds are available, including for the following purposes: to protect teaching positions; to avoid increased class sizes; to assure the District's students are prepared to successfully compete for college and university admission; and to support the District's academic programs, including the purchase of instructional equipment, materials and supplies. The proceeds of the special tax would not be used for any purpose not authorized by this Measure.

Any owner, age 65 and over, or those persons who receive Supplemental Security Income for a disability, regardless of age, who occupies a parcel as a principal residence, would be exempt upon proper application to the District.

The proceeds of the special tax would be deposited into a separate fund. If the special tax is approved, the Board of Education (the Board) would be required to appoint an advisory committee of citizens to ensure the tax funds are used for their specific purpose and to report annually to the Board and public regarding expenditure of the funds. No later than December 31st of each year, commencing December 31, 2010, an independent auditor would file a report stating the amount of funds collected and spent and the status of any project authorized to be funded by this special tax. If the special tax is approved, the District's appropriations limit would be increased by the amount equal to the special tax collected for each year the special tax is authorized.

A "yes" vote is a vote to approve a qualified special tax on parcels within the District.

A "no" vote is a vote not to approve a qualified special tax on parcels within the District.

Miguel Marquez
Acting County Counsel
By: /s/ Susan Swain
Senior Lead Deputy County Counsel

  Please note

The information about this measure has been retyped and may contain errors. The official information may be obtained from the District.
Official Information

Fremont Union High School District
News and Analysis

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Partisan Information

MEASURE G for Fremont Union High School District
The "Yes on G" site.
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Arguments For Measure G Arguments Against Measure G
The cuts and changes being made in state school funding emphasize the need to renew the Fremont Union High School District's parcel tax now and provide Cupertino, Fremont, Homestead, Lynbrook and Monta Vista High Schools with a stable, reliable source of funding that cannot be disrupted or seized by the state.

Parcel tax funds have been used at all five of the District's comprehensive high schools to:

  • Preserve core academic classes.
  • Attract and retain highly qualified and experienced teachers and staff.
  • Prepare students to successfully compete for college and university admission.
  • Invest in a high school district ranked as the third highest performing in California.

Every Yes vote on Measure G is a vote to renew the existing $98 per year parcel tax without increasing local taxes.

There are serious consequences if we fail. Without Measure G over the next two years:

  • The District will be forced to eliminate 50 teaching positions.
  • The District will no longer be able attract and retain the best teachers available.
  • The District will be forced to reduce or eliminate many of its college prep, advanced placement and honors courses.
  • Technology support for teachers and students will be cut back, reducing the use of computers and technology in the classroom.
  • The District's class size reduction program will be eliminated.

Measure G will provide a reliable source of local funds to offset the continuing uncertainty of state funding. Expenditures of Measure G funds will be monitored by an Independent Citizens' Oversight Committee and subject to an annual independent audit. Senior citizens and the disabled will be offered a complete exemption from Measure G.

Please join us and vote Yes on Measure G.

/s/ Michael Chang
Former Mayor of Cupertino

/s/ Suman Ganapathy
Executive Vice President, 6TH District PTA

/s/ Josephine (Jo) Lucey
Member, Board of Education, Cupertino Union School District

/s/ Benjamin H. Picard
Superintendent, Sunnyvale School District

/s/ Dolly Sandoval
Councilmember, City of Cupertino

Rebuttal to Arguments For
The Fremont Union High School District wants to replace their expiring Parcel Tax. However, Measure G does not fully disclose what Voters are being asked to approve.

Measure G will:

  • Create a Permanent Tax with No Expiration Date.
  • Add a perpetual Tax Increase of 2% or more when growth in the Consumer Price Index is greater than 2%. In 28 of the last 30 years the annual growth in the CPI has been greater than 2%. In ten years that's more than a 20% increase.

Don't be mislead, this Parcel Tax is a Tax Increase.
The opposition to this Tax is based on full disclosure. The FUHSD should be honest with the voters. Instead, the Fremont Union High School District uses scare tactics. We care as much about student success as you do. There would be no opposition if this was just a simple extension of the current tax. The District must be candid with voters and honor your right to know the full tax impact of Measure G.

Please Reject this endless Tax Increase and ask the Fremont Union High School District to revise their Parcel Tax to a tax measure that we can all support.
Vote NO on Measure G.

/s/ Doug McNea
President, Silicon Valley Taxpayers' Association

WARNING: This Parcel Tax maybe larger than it appears.
This Parcel Tax is not just a replacement for the existing tax.
This Parcel Tax has NO Expiration Date and adds a minimum of 2% inflation adjustment each year. Tell the Fremont Union High School District we don't want their inflationary never ending Parcel Tax.
Vote NO on Measure G

/s/ Douglas A. McNea
President, Silicon Valley Taxpayers' Association

/s/ Robert White
Silicon Valley Tax Payer Assoc Member

/s/ Harish Chinai
Silicon Valley Tax Payer Assn

/s/ Anjali Chinai
Silicon Valley Taxpayer Assn.

/s/ Doris Livezey
Taxpayer

Rebuttal to Arguments Against
Measure G renews an investment our community made in our high schools in 2004.

The meaning of every vote is clear:

Every Yes vote will provide the stable, reliable funds needed to maintain core academic programs at: Cupertino, Fremont, Homestead, Lynbrook and Monta Vista High Schools.

Every No vote will leave the future of our local high schools and the value of our homes and businesses in the hands of Sacramento politicians.

The cost of maintaining the core academic programs that have helped rank our local high schools as the third highest performing in the state increases every year. Measure G addresses the need to provide stable, reliable funds every year by providing for an adjustment that fully complies with the provisions and intent of Proposition 13.

Measure G will protect the quality of our high schools and the value of our homes today and tomorrow.

Measure G is designed to provide stable, reliable funds until after the state budget crisis is fully resolved. We cannot know when the state will again be able to fund its schools. We do know, however, that nothing is "never ending" + including Measure G.

If the need for Measure G funds disappears, the Board can stop collecting Measure G funds. If the community no longer sees a need to invest in its high schools, Measure G funds can be re¬called by local voters + without action by the school district or the state.

Vote Yes on Measure G. Renew this vital community investment.

/s/ Pearl Cheng
Member, Board of Trustees, Foothill-De Anza Community College District

/s/ Trixie Johnson
Former San Jose City Council Member

/s/ Joseph T. Kelly
President, Fremont Education Association

/s/ Savita Vaidhyanathan
Board Secretary, West Valley Community Services

/s/ Bernard Vargas
Lead Negotiator, CSEA

Full Text of Measure G
FINDINGS

All five high schools that comprise the Fremont Union High School District-Cupertino, Fremont, Homestead, Lynbrook, and Monta Vista High Schools-exceed State standards for student achievement and are recognized as California Distinguished Schools, sending 90% of its enrolled students to college.

Perpetual California State budget problems threaten the District's many successful educational programs with an increasingly uncertain fiscal future.

The current Measure L parcel tax will expire in 2011 if not re-approved, leaving critical educational programs at risk after next school year.

Continuation of the existing parcel tax for local high schools will help preserve funding to core protect excellent teaching, avoid increased class sizes, and maintain academic programs.

By replacing and re-enacting the District's current parcel tax, local voters can ensure that our schools will receive a stable, reliable, local source of funding.

TERMS AND PURPOSES

Upon approval of two-thirds of those voting on this Proposition, the District shall be authorized to and shall levy a qualified special tax (education parcel tax) on each parcel of taxable real property in the District, commencing July 1, 2010. The amount of the education parcel tax in the initial year shall be the current Measure L rate of $98 per parcel. To account for the impact of inflation on the cost of delivering the classroom programs and student services supported by the education parcel tax, the tax shall be adjusted annually, commencing July 1, 2011, by 2% per year or by the percentage change in the U.S. Consumer Price Index-All Urban Consumers, whichever is greater.

The education parcel tax authorized by this Act shall replace the existing Measure L education parcel tax approved by the voters of the District on November 2, 2004, which expires by its own terms on June 30, 2011. In the event that this Proposition is not approved by the requisite vote, the existing Measure L tax shall continue in effect until its scheduled expiration. Under no circumstances shall both taxes be collected.

Moneys raised under this Keep Our High Schools Excellent Act shall be authorized to be used only to provide financial support to local school programs in accordance with priorities established by the Board of Trustees and to the extent of available funds, including to:

1. to protect teaching positions

2. to avoid increased class sizes

3. to assure that the District's high school students are prepared to successfully compete for college and university admission

and to provide other financial support to the extent of available funds to maintain and support the District's academic programs, including the purchase of instructional equipment, materials and supplies.

EXEMPTIONS - SENIOR CITIZENS;
RECIPIENTS OF SUPPLEMENTARY SECURITY INCOME

In order to provide tax relief to senior citizens in the community, any parcel owned and occupied by a person 65 years of age or older shall be exempt from the education parcel tax upon proper application to the District. Persons receiving Supplemental Security Income for a disability, regardless of age, shall also be exempt upon proper application to the District.

Either exemption shall be available pursuant to procedures to be prescribed by the Board of Trustees or otherwise as required by law or by the Santa Clara County Tax Collector.

ACCOUNTABILITY PROVISIONS

Independent Citizens' Oversight Committee. The Board of Trustees shall establish an independent Citizens' Oversight Committee (which may be the existing Measure L oversight committee) to ensure that moneys raised under the Keep Our High Schools Excellent Act are spent wisely and only for the purposes named in this Proposition. The Board of Trustees shall provide by resolution for the composition, duties, funding and other necessary information regarding the Committee's formation and operation.

Independent Annual Audit. Upon the levy and collection of the education parcel tax, the Board of Education shall cause an account to be established for deposit of the proceeds, pursuant to Government Code Section 50075.1. For so long as any proceeds remain unexpended, the Superintendent of the District shall cause an independent financial auditor to prepare a report to be filed with the Board of Education no later than December 31 of each year, commencing December 31, 2010, stating (1) the amount collected and expended in such year, and (2) the status of any projects or description of any programs funded. The report may relate to the calendar year, fiscal year, or other appropriate annual period, as the Superintendent shall determine, and may be incorporated into or filed with the annual budget, audit, or other appropriate routine report to the Board of Education.

Specific Purposes. All of the purposes named in this Proposition shall constitute the specific purposes of the education parcel tax, and proceeds thereof shall be applied only for such purposes.

LEVY AND COLLECTION

The education parcel tax shall be collected by the Santa Clara 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.

"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 Santa Clara 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 education parcel tax in such year. In addition, parcels may be exempt from the education parcel tax as described above under "Exemptions - Senior Citizens; Recipients of Supplementary Security Income".

The District shall annually provide a list of parcels to the Santa Clara County tax collection officials which the District has approved for an exemption in accordance with this Proposition. The Santa Clara County Assessor's determination of exemption or relief for any reason of any parcel from taxation, other than through either of said exemptions, shall be final and binding for the purposes of the Keep Our High Schools Excellent 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 any tax paid shall follow the procedures applicable to property tax refunds pursuant to the California Revenue and Taxation Code.

SEVERABILITY

The Board of Trustees hereby declares, and the voters by approving this Proposition concur, that every section, paragraph, sentence and clause of this Proposition has independent value, and the Board of Trustees and the voters would have adopted each provision hereof regardless of every other provision hereof. Upon approval of this Proposition 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: December 29, 2009 12:08 PST
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