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Santa Clara County, CA May 7, 2013 Election
Measure B
Parcel Tax Renewal
Los Gatos Union School District

2/3 Approval Required
Official Final Results

Pass: 6070 / 81.8% Yes votes ...... 1355 / 18.2% No votes

See Also: Index of all Measures

Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

Without increasing tax rates and to protect outstanding core academic programs in reading, writing, math, and science; retain highly-qualified teachers; keep classroom technology, science resources, books and instructional materials updated; and maintain art and music; shall the Los Gatos Union School District be authorized to renew its expiring annual education tax of $290 per parcel for eight years, with citizen oversight, no funds for administrators' salaries, a senior citizen exemption, and all funds staying in Los Gatos schools?

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote is a vote to renew a qualified special tax of $290 per parcel on parcels within the District for an eight-year period of time.

A NO vote on this measure means:
A "no" vote is a vote not to renew a qualified special tax of $290 per parcel on parcels within the District for an eight-year period of time.

Impartial Analysis
A school district, following notice and a public hearing, has authority to levy a qualified special tax upon approval by two-thirds of the votes cast on a proposal pursuant to section 4 of Article XIIIA of the California Constitution and Sections 50075 et seq. of the California Government Code.

On June 3, 2008, the voters within the Los Gatos Union School District (District) renewed a qualified special tax on parcels within the District, in the amount of $290 per parcel for a period of six years. This parcel tax will expire on June 30, 2014. The Board of Trustees (Board) of the District proposes renewing this qualified special tax for an additional eight years, in the amount of $290, commencing on July 1, 2014. The proposed tax includes an exemption for any parcel that is a principal residence of, and owned by, one or more persons 65 years of age or older, and for persons receiving supplemental security income, regardless of age. The exemption would be made available by application to the District.

The stated purposes of the tax proposed by Measure B are to (1) maintain academic programs in reading, writing, math and science programs; (2) retain teachers; (3) keep classroom technology, science resources, books and instructional materials updated; and (4) maintain art and music. The proceeds of the tax could only be spent for these specific purposes.

The District is required to provide accountability measures for the proceeds of the tax. These measures include depositing the proceeds of the tax into a fund that is separate and apart from other funds of the District. Additionally, an annual written report is to be made to the Board, no later than December 31st of each year the tax is in effect, detailing the amount of funds collected and expended, and the status of any project authorized to be funded from the tax. In addition, an advisory committee of citizens will be appointed by the Board to review the proper spending of the tax proceeds, and to report annually to the Board and the public regarding the expenditures of these proceeds.

A "yes" vote is a vote to renew a qualified special tax of $290 per parcel on parcels within the District for an eight-year period of time.

A "no" vote is a vote not to renew a qualified special tax of $290 per parcel on parcels within the District for an eight-year period of time.

Lori E. Pegg
Acting County Counsel
By: /s/ Susan Swain
Lead Deputy County Counsel

  News and Analysis

Los Gatos Patch

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Arguments For Measure B Arguments Against Measure B
Vote YES on B to protect outstanding education for our local elementary and middle school students without increasing taxes by a single penny.

We all live in Los Gatos and Monte Sereno for our neighborhoods' unique charm, unparalleled views and excellent local schools. After all, our top-ranked schools make our neighborhoods desirable and keep our property values strong.

Local elementary and middle school students receive an outstanding education that prepares them to excel in high school, attend top colleges and succeed in future jobs. In fact, local students' academic test scores are higher than ever, and Fisher Middle School was recently nominated for the prestigious California Distinguished School Award.

Our schools are excellent due to our community's consistent support. Since 1990, local voters have voted to approve local funding measures for our schools to protect a rigorous academic curriculum in local classrooms. This critical, local school funding will exprire soon unless local voters choose to renew it again by voting YES on Measure B.

Without increasing taxes, Measure B renews essential funding for our neighborhood schools that cannot be taken away by the State.

Vote YES on B:

  • Protect outstanding core academic programs in reading, writing, math and science
  • Retain skilled and qualified teachers
  • Keep classroom technology, science resources, books and instructional materials up-to-date
  • Support art and music programs

Measure B includes citizen oversight and financial accountability:
  • Every penny stays in our schools and cannot be taken by the State
  • Independent citizen oversight ensures funds are spent as promised
  • No funds for administrators' salaries
  • Expires in 8 years and cannot be renewed without voter approval
  • Senior citizen homeowners can receive an exemption

Meaure B protects exceptional education for local students and keeps our community strong. Join hundreds of parents, retirees and community leaders-- vote YES on Measure B.

/s/ Sandy Decker
Former Mayor, Town of Los Gatos

/s/ Carl Guardino
President and CEO, Silicon Valley Leadership Group and Resident of Monte Sereno

/s/ Ducky Grabill
Sereno Group Realtor

/s/ Randi Chen
Parent, R.J. Fisher Middle School

/s/ Bret Y Moore
Local Business Owner

No argument against Measure B was submitted.

Full Text of Measure B
LOS GATOS UNION SCHOOL DISTRICT

Measure B

RECITALS

The Governing Board ("Board") of the Los Gatos Union School District ("District") has established the goals of improving academic performance and the quality of education for all children in the District so that they are prepared for college and to compete for good jobs. Furthermore, the District aims to enhance local control of our schools and reduce our dependence on the State of California for education funding.

Los Gatos students receive an excellent, well-rounded education that includes strong academic programs in reading, writing, math and science. Students achieve top scores on statewide exams, and Fisher Middle School was recently nominated for the prestigious California Distinguished School Award. We believe that our exceptional public schools are part of why our community is such a desirable place to live and helps protect our local property values.

Since 1990, the Los Gatos and Monte Sereno communities have supported our local elementary and middle schools through a local education parcel tax measure to support high student achievement, retain high-quality teachers, and protect our outstanding academic programs. Unless renewed by local voters, this voter-approved funding is set to expire in 2014.

Our District relies on this stable source of funding, which cannot be taken away by the State, to provide high-quality academic programs and retain highly skilled, experienced teachers.

The education parcel tax will renew this source of local funding, without increasing tax rates, to maintain excellent academic programs, retain skilled and qualified teachers, provide up-to-date classroom technology, science resources and instructional materials, support art and music programs and keep schools safe and clean.

By law, all funds from this local funding measure must be used to protect the specified programs in District schools and cannot be taken away by the State. Strict accountability is mandatory, including no funds for administrators' salaries and independent citizen oversight and annual reports to ensure funds are spent as promised.

TERMS

Without increasing tax rates and to protect outstanding core academic programs in reading, writing, math, and science; retain highly-qualified teachers; keep classroom technology, science resources, books and instructional materials updated; and maintain art and music; shall the Los Gatos Union School District be authorized to renew its expiring annual education tax of $290 per parcel for eight years, with citizen oversight, no funds for administrators' salaries, a senior citizen exemption, and all funds staying in Los Gatos schools?

A. Amount and Basis of Tax

The special tax shall be $290 per Parcel of Taxable Real Property beginning in July 1, 2014 and continuing for a period of eight (8) years. The District shall provide the Santa Clara County Tax Collector ("County Tax Collector") a report indicating the parcel number and amount of tax for each Parcel of Taxable Real Property.

To the extent allowed by law "Parcel of Taxable Real Property" shall be defined as:

(a) Any unit of real property in the District that receives a separate tax bill for ad valorem property taxes from the County Tax Collector.

(b) All property that is otherwise exempt from or upon which are levied no ad valorem property taxes in any year shall not be considered a Parcel of Taxable Real Property for purposes of the special tax in such year.

(c) Multiple parcels which are contiguous, under common ownership, contain a single-family residence, and that constitute one economic unit, meaning that they have the same primary purpose as the principal parcel and are not separate and distinct properties that may be independently developed or sold, shall comprise a single Parcel of Taxable Real Property for purposes of the special tax. Applications for such treatment shall be made or confirmed to the District annually on or before June 15, 2014 or June 15 of any succeeding tax year.

If any portion of this definition is deemed contrary to law, the Board declares and the voters by approving the Measure concur, that every other section and part of this definition has independent value, and the Board and voters would have adopted each other section and part hereof regardless of every other section or part hereof. If all sections or parts of this definition are deemed contrary to law, "Parcel of Taxable Real Property" shall be defined as any real property in the District assigned an assessor's parcel number.

With respect to all general property tax matters within its jurisdiction, the County Tax Collector shall make all final determinations of tax exemption or relief for any reason, and that decision shall be final and binding. With respect to matters specific to the levy of the special tax, including the Senior Citizen Exemption, the SSI Exemption, the application of the definition of "Parcel of Taxable Real Property" to any parcel(s) or any other disputed matter specific to the application of the special tax, the decisions of the District shall be final and binding.

B. Exemptions

Under procedures adopted by the District, upon application or confirmation of a continuing exemption, an exemption from payment of the special tax may be granted on any parcel owned by one or more persons who is/are:

1. Sixty-five (65) years of age or over and occupying said parcel as a principal residence ("Senior Citizen Exemption"); or

2. Receiving Supplemental Security Income for a disability, regardless of age and occupying said parcel as a principal residence ("SSI Exemption").

C. Claim/Exemption Procedures

With respect to all general property tax matters within its jurisdiction, the County Tax Collector or other appropriate County tax official shall make all final determinations of tax exemption or relief for any reason, and that decision shall be final and binding. With respect to matters specific to the levy of the special tax, including the Senior Citizen Exemption, the SSI Exemption, the application of the definition of "Parcel of Taxable Real Property" to any parcel(s) or any other disputed matter specific to the application of the special tax, the decisions of the District shall be final and binding. The procedures described herein, and any additional procedures established by the Board shall be the exclusive claims procedure for claimants seeking an exemption, refund, reduction, or re-computation of the special tax. Whether any particular claim is to be resolved by the District or by the County shall be determined by the District, in coordination with the County as necessary.

D. Appropriations Limit

Pursuant to California Constitution and applicable laws, the appropriations limit for the District will be adjusted periodically by the aggregate sum collected by levy of this special tax.

E. Accountability Measures

1. Specific Purposes. The proceeds of the special tax shall be applied only to the specific purposes identified above.

2. Annual Reports. The proceeds of the special tax shall be deposited into a fund, which shall be kept separate and apart from other funds of the District, pursuant to the Government Code. No later than December 31 of each year while the tax is in effect, the District shall prepare and file with the Board a report detailing the amount of funds collected and expended during the prior fiscal year, and the status of any project authorized to be funded by this measure. The report may relate to the calendar year, fiscal year, or other appropriate annual period, as said officer shall determine, and may be incorporated into or filed with the annual budget, audit, or other appropriate routine report to the Board.

3. Advisory Committee. An advisory committee of citizens shall be appointed or designated by the Board to ensure that the special tax proceeds are spent for their authorized purposes, and to report annually to the Board and the public regarding the expenditure of such funds. The Board shall provide by resolution for the composition, duties, funding, and other necessary information regarding the committee's formation and operation.

F. Protection of Funding

Current law forbids any decrease in State or federal funding to the District resulting from the adoption of an education parcel tax. However, if any such funding is reduced or affected because of the adoption of this local funding measure, then the Board may reduce the amount of the special taxes levied as necessary in order to restore such State or federal funding and/or maximize the District's fiscal position for the benefit of the educational program. As a result, whether directly or indirectly, no funding from this measure may be taken away by the State or federal governments.

G. Severability

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


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Created: June 21, 2013 09:13 PDT
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