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LWV League of Women Voters of California Education Fund
Smart Voter
Santa Clara County, CA November 4, 2008 Election
Measure W
School Improvements
Berryessa Union School District

Parcel Tax - 2/3 Approval Required

Pass: 18,074 / 72.52% Yes votes ...... 6,848 / 27.48% No votes

See Also: Index of all Measures

Results as of Nov 25 11:10am, 100.0% of Precincts Reporting (62/62)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

To prevent deep cuts and maintain quality education at our neighborhood schools by attracting and retaining qualified teachers; maintaining reading/math tutoring; keeping school libraries open; providing hands-on science instruction; keeping classroom technology updated; and funding programs that enhance student achievement, shall Berryessa Union School District levy $79 dollars per parcel annually for 5 years with an exemption for seniors, a citizens' oversight committee, no money for administrator salaries and all money benefiting local schools?
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 for a five-year period of time.

A NO vote on this measure means:
A "no" vote is a vote not to approve the qualified special tax on parcels within the District for a five-year period of time.

Impartial Analysis from the County Counsel
A school district, following notice and a public hearing, 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 Berryessa Union School District (the District) proposes renewing and levying a qualified special tax on each parcel within the District. The owners of each parcel of taxable real property in the District would pay an amount not to exceed $79 per parcel for a period of five years. The specific purpose of the tax is to fund the following: attracting and retaining qualified teachers; maintaining reading/math tutoring; keeping school libraries open; providing hands-on science instruction; keeping classroom technology up-to-date; and funding programs that enhance student achievement.

Any owner, age 65 and over, who occupies a parcel as a principal residence, or any person receiving Supplemental Security Income for a disability regardless of their age who occupies a parcel as a principal residence, may be exempt from the special tax upon annual application for exemption.

The proceeds of the special tax would be deposited into a separate fund and would only be used for the specific purposes identified in the measure. If the special tax is approved, the District would appoint an independent fiscal oversight committee to review the expenditure of special tax proceeds. No later than January 1 of each year while the tax is in effect, the District would prepare and file with the Board a report detailing the amount of funds collected and spent and the status of any project required or authorized to be funded by this special tax. These accountability measures are consistent with the requirements set forth in Government Code sections 50075.1 and 50075.3. Additionally, the Board will also appoint an advisory committee of citizens 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 the bond proceeds.

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 for a five-year period of time.

A "no" vote is a vote not to approve the qualified special tax on parcels within the District for a five-year period of time.

Ann Miller Ravel
County Counsel
By: /s/ Susan Swain
Lead Deputy County Counsel

  Official Information

Berryessa Union School District

Berryessa Union School District Boundary Map
News and Analysis

Google News Search

Partisan Information

FOR

Official Version of Ballot Measure

N. B. The information about the Measure may contain errors from retyping. The official version may be obtained from the Registrar of Voters.
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Arguments For Measure W
Test scores in Berryessa schools confirm that student achievement is improving. This is due to exceptional teachers, innovative educational programs, and the strong support our schools receive from parents and the community.

However, Berryessa Union School District is facing severe budget cuts due to state reductions in education funding and is 30th of 32 districts in our County in funding. To address this, our schools have:

  • Cut district administration by 40%
  • Eliminated teaching positions
  • Reduced counseling
  • Reduced library hours
  • Reduced after school tutoring
  • Reduced support for students learning English
Even with these cuts, our schools face a $1.3 million deficit. Further cuts will negatively impact students.

Measure W is on the ballot to provide stable, locally-controlled funding to prevent additional devastating cuts. Specifically, Measure W will:


  • Retain qualified teachers and avoid layoffs;
  • Maintain reading and math;
  • Keep school libraries open;
  • Provide hands-on science instruction;
  • Update and expand classroom technology; and
  • Fund programs that enhance student achievement.
Measure W will last five years. The cost to homeowners is $79 per year. An exemption is available for seniors to ensure this measure is not a burden to those living on fixed incomes.

Every penny raised by Measure W will stay in our community to benefit our children. No money can be taken by the State or used for administrator salaries.

An independent citizens' oversight committee and annual audits will ensure Measure W funds are spent properly.

The reading, math, science and technology programs funded by this measure will help ensure our students are performing at grade level and are ready to succeed in high school and college.

Good schools protect property values, which is more important now than ever.

Please vote Yes on W.

/s/ Kansen Chu
San Jose City Councilman, Dist. 4
/s/ Francine Davis
President, Berryessa Union School District Board of Trustees
/s/ Farah Galvez
Parent Leader and Volunteer
/s/ David J. Neighbors
CPA/Accountant
/s/ David M. Flaugher
Community Leader

(No arguments against Measure W were submitted)

Full Text of Measure W
Quality Schools and Student Learning Protection Measure. To prevent deep cuts and maintain quality education at our neighborhood elementary and middle schools by attracting and retaining qualified teachers; maintaining reading/math tutoring; keeping school libraries open; providing hands-on science instruction; keeping classroom technology up-to-date; and funding programs that enhance student achievement; shall Berryessa Union School District levy $79 dollars per parcel annually for 5 years with an exemption for seniors, a citizens' oversight committee, no money for administrator salaries and all money benefiting local schools?

The purpose of the measure is to fund the following specific types of programs and services:

A. Attracting and retaining qualified teachers;
B. Maintaining reading/math tutoring;
C. Keeping school libraries open;
D. Providing hands-on science instruction;
E. Keeping classroom technology up-to-date; and
F. Funding programs that enhance student achievement.

Basis of Tax

The parcel tax shall be $79 per Parcel of Taxable Real Property beginning July 1, 2009 and continuing for a period of 5 years. The District shall provide the Santa Clara County Tax Collector a report indicating the parcel number and amount of tax for each Parcel of Taxable Real Property.

"Parcel of Taxable Real Property" is defined as any unit of real property in the District that receives a separate tax bill for ad valorem property taxes from the County Treasurer-Tax Collector's Office. All property that is otherwise exempt from or upon which no ad valorem property taxes are levied in any year shall also be exempt from the special tax in such year.

Any parcels that are contiguous to each other, used solely for one owner-occupied single-family residence, and held under identical ownership shall, upon approval of an application from the owners thereof submitted to the District, be treated as a single parcel for purposes of the special tax. Applications for such treatment shall be made to the District on or before July 1, 2009, or July 1 of any succeeding tax year. Any one approved application from a qualified applicant will provide for such treatment for the remaining term of the special tax, so long as all of the parcels continue to be held under identical ownership and be owner-occupied.

An exemption shall be granted on any parcel owned by one or more persons aged 65 years or older who occupies said parcel as a principal residence, upon application for exemption. An exemption shall also be granted to persons receiving Supplemental Security Income for a disability, regardless of age, who occupies said parcel as a principal residence, upon application for exemption.

Applications for such exemptions shall be made to the District on or before July 1, 2009, or July 1 of any succeeding tax year. Any one approved application from a qualified applicant will provide an exemption for the parcel for the remaining term of the special tax so long as such applicant continues to own and use the parcel as his or her principal residence.

Claim/Exemption Procedures

With respect to all general property tax matters within its jurisdiction, the Santa Clara County Tax Assessor 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, and the "Contiguous Parcel" determination, 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.

Appropriations Limit

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

Administrative Procedures

The District's Board of Trustees shall adopt such additional or supplemental procedures as it deems necessary or convenient for the administration of the special tax.

Accountability Measure

The proceeds of the special tax shall be applied only to the specific purposes identified above. 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. No later than January 1 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, and the status of any project authorized to be funded by this measure.

In addition, an advisory committee of citizens shall be appointed or designated by the Board of Trustees to ensure that the special tax proceeds are spent for their authorized purposes, and to report annually to the Board of Trustees and the public regarding the expenditure of such funds.

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: January 24, 2009 10:38 PST
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