HomeMy WebLinkAboutMINUTES - 01272004 - C48 TO: BOARD OF SUPERVISORS � ;;= F Contra
FRC?'NI: Stephen L. Weir, County Clerk-Recorder ry.e ,;�; , Costa
DATE: January 9, 2004 ------ .` ti✓Qun't
SUBJECT: Approve Consolidation Requests for the April 13, 2004 Special Election
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND BACKGROUND AND JUSTIFICATION
REQUEST(S):
Approve the following request as on file in the Contra Costa Elections Department from the following
jurisdiction for the April 13, 2004 Special Election.
Sart' Ramon Valley Unified School District 1 Measure
FINANCIAL IMPACT:
There is no direct cost to the County. Any additional costs incurred by the Elections Division by approving this request will be
recovered through billing the affected jurisdiction.
REASONS FOR RECOMMENDATIONIBACKGROUND:
CONSEQUENCES OF NEGATIVE ACTION:
CONTINUED ON ATTACHMENT: es SIGNATURE: 6&44�
candy Lopez,As istant Registrar
-, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
'PROVE OTHER
SIGNATURE(S):
ACTION ON B A' ON ` F[) APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS:
Xi, UNANIMOUS (ABSENT:). 1 HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT CONY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON TIE DATE SHOWN.
ATTESTED: ',A' L�(` ` 0� 4TE
JOHN SWEN, L_ RK Of E
BOARD Or SUPE VISORS AND
COUNTY ADMINISTRATOR
BY:
t�' { tib
cc: Elections Office DEPUTY
SharedDocuments/Election/2004 041304/BoardOrderSpeciaiElection Request.doc
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SAN RAMON VALLEY UNIFIED SCH �OfRICT
(3
699 Old Orchard Drive, Danville,��j ofrasa 94526
Robert Kessler, Superik 91-9 Arj 10: 15
(925)552-2933 • FAX (926�p 147
y6s rkessle@srvusd.k12.ca.us w,,Fwf!r�vkl f�ca u "lU I Y
Y,YCNT
January 9, 2004
Sue Olvera
Elections Processing Supervisor
Contra Costa County
Registration-Election Department
524 Main Street
Martinez, California 94553-1140
Dear Ms. Olvera,
Enclosed please find a certified copy of a resolution adopted on January 8, 2004, by the Board of
Trustees of the San.Ramon Valley Unified School District ordering a parcel tax election to be
held in the .District on April 13, 2004, and requesting consolidation of the election with any other
election to be held in the district on the sante date, delivered to you in accordance with Elections
Code 14403.
Please let me know if you have any questions. Thank you for your assistance.
Sincerely,
(Robert Kessler
Superintendent
RK:gh
BOARD OF EDUCATION OF THE
SAN R.AMON VALLEY UNIFIED SCHOOL DISTRICT 9 AM �0
C'OUNT'Y OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution No. 41/03-04
RESOLUTION CALLING PARCEL TAX ELECTION
WHEREAS, the San Ramon Valley Unified School District ("District") seeks to maintain
excellent schools at a time the California Legislature is unable to provide adequate funding for
the operation of the schools; and
WHEREAS, the District desires to maintain and improve the academic performance and the high
quality of education for all children in the District; and
WHEREAS,the District is the lowest funded unified school district in Centra Costa County; and
WHEREAS, the District and community have engaged in local fund-raising efforts, and the
District has implemented cost-cutting measures, including employee layoffs and reductions of
programs and services beneficial and necessary to students; and
WHEREAS, the property values within the District will be adversely affected by a decline in the
quality of education provided by the District; and.
WHEREAS, continued reliance solely on state funding will result in deep cuts to basic programs;
and
WHEREAS, high quality educational programs deliver long lasting benefits and advantages to
all the residents of our community; and
WHEREAS, a stable, local funding source is necessary to maintain such programs; and
WHEREAS, Section 4 of Article XIIIA of the California Constitution and Government Code
Sections 50077 and 50079 authorize a school district, upon approval of two-thirds of the
electorate voting on the measure, to levy a qualified special tax for specified`;purposes following
notice and public hearing;
NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the San Ramon Valley
Unified School District, as follows.
1. Recitals. This Board hereby finds and determines that the foregoing recitals
are true and correct.
oaCssrt:717210.3
2. Order of Election. This resolution shall stand as the order to the Contra Costa
County Superintendent of Schools to call an election within the boundaries of the District on
April 13, 2404, for approval of the measure contained in Section 3 hereof. The authority for the
specifications of this election order is contained in Sections 5304 and 5322 of the California'
Education Code and Section 50079 of the California Government Code.
3. Specifications of Ballot Measure. This Board hereby requests the Registrar of
Voters of the County of Contra Costa (the "Registrar of Voters") to submit to the voters of the
District on April 13, 2044, the following ballot measure:
SAN RAMON 'VALLEY UNIFIED SCHOOL DISTRICT
EXCELLENCE IN EDUCATION ACT OF 2004
This Proposition shall be known and referred to as the "San Ramon Valley'
Unified School District Excellence in Education Act of 2004" or as "Measure "
[designation to be assigned by County registrar of Voters]
TERMS OF
EXCELLENCE IN EDUCATION SPECIAL TAX'.
Terms and Purposes. Upon approval of two-thirds of those voting on this
measure, the District shall be authorized to levy a qualified special tax of 90 per year on
each parcel of taxable real property in the District for no more than five years,
commencing July 1, 2004. The qualified special tax shall be known and referred to as the
"Excellence in Education 'Fax". Proceeds of the Excellence in Education Tax shall be
authorized to retain high duality teachers, keep smaller class sizes, keep school libraries
open, keep counselors, and keep elementary music programs.
Senior Citizen Exemption. In order to provide tax relief to senior citizens in
the San Ramon Valley community, any parcel owned and occupied by a person 65 years of
age or older shall be exempt from the Excellence in Education Tax upon proper application
to the District. The exemption shall be available pursuant to procedures to be prescribed
by the Board of Education or otherwise as required by law or by the Contra Costa County
Tax Collector.
ACCOUNTABILITY PROVISIONS
Independent Annual Audit. Upon the levy and collection of the Excellence in
Education Tax, the Board of Education shall cause an account to be established for deposit
of the proceeds. For so long as any proceeds of the Excellence in Education Tax remain
unexpended, the Superintendent or chief financial officer of the District shall cause a
report to be filed with the Board of Education pursuant to Government Code 50075.3 no
later than December 31 of each year, commencing December 31, 2004, stating (1)the
amount of Excellence in Education Tax Funds received and expended in such year, and
(2)a description of programs funded from proceeds of the tax. The report will be carried
DocssFI:n721o.3 -2-
out for each fiscal year 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 the measure shall constitute'
the specific purposes of the Excellence in Education Tax, and proceeds of the tax shall be
applied only for such purposes.
LEVY AND COLLECTION
The Excellence in Education Tax shall be collected by the Contra Costa '
County Treasurer-"fax Collector at the same time and 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 act valorem property taxes from the
Contra Costa County Treasurer--Tax Collector's Office. All property which is otherwise
exempt from or on which are levied no act valorem property taxes in any year shall also be
exempt from the Excellence in Education Tax in such year. Parcels owned and occupied by
persons 65 years of age or older are exempt from the Excellence in Education Tax as
described above.
The District shall annually provide to the Contra. Costa County tax collection
officials a list of parcels which the District has approved for a Senior Citizen Exemption
from the Excellence in Education Act as described above. The Contra Costa County
Assessor's determination of exemption or relief of any parcel from taxation for any reason
other than the Senior Exemption shall be final and binding for the purposes of the
Excellence in Education 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 seeping a refund of Excellence in Education Taxes paid
shall follow the procedures applicable to property tax refunds pursuant to the California
Revenue and Taxation Code.
SEVERABILITY
The Board of Education hereby declares, and the voters;',by approving this
measure concur, that every part and provision of this measure has independent value, and
the Board of Education 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 or provision be found by a court of competent jurisdiction to be invalid for
any reason, all remaining parts and provisions hereof shall remain in full force and effect
to the fullest extent allowed by law.
4. Summary of Measure. The measure contained in Section 3 hereof(being all
that portion of Section 3 hereof appearing in bald-face type) shall be summarized in the
DOCSSF t:7172 t 4.3 -3-
following forrn, and the Registrar of Voters is requested to cause this summary of the measure to
appear on the ballot:
"To retain high quality teachers, keep smaller class sizes, keep school
libraries open, keep counselors, and keep elementary instrumental music
programs, shall the San Ramon Valley Unified School District levy an
annual tax of$90 per taxable parcel for five years only, beginning July 1,
2004, with independent annual audits and a complete exemption for
parcels owned and occupied by persons 65 years of age or over?"
5. Filing of Order of Election. The Secretary of this Board is ordered to cause
certified copies of this resolution and order to be delivered not later than January 13, 2004, to the
Contra Costa County Superintendent of Schools, the Registrar of Voters, and the Clerk of the
Board of Supervisors of the County.
6. Formal Notice. The Contra Costa County Superintendent of Schools is hereby
requested to prepare and execute a Formal Notice of Parcel Tax Election and consolidation order
in substantially the form attached hereto as Exhibit A (the "Formal Notice"), and to call the
election by causing the Formal Notice to be posted in accordance with Section 5362 of the
Education Code no later than January 14, 2004 (being not later than 90 days prior to the date of
the election), or to otherwise cause the notice to be published as permitted by law. The Secretary
of this Board, on behalf of and as may be requested by the County Superintendent of Schools, is
authorized to cause all notices required by law in connection herewith to be published and
posted, as the case may be.
7. Conduct of Election. (a) Request to Registrar of Voters. Pursuant to
Section. 5303 of the Education Code, the Registrar of Voters is requested to take all steps to hold
the election in accordance with law and these specifications.
(b) Voter Pamphlet. The Registrar of Voters is hereby requested to reprint the
measure in its entirety(that portion of Section 3 hereof which is printed in bold-face type) in the
voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections
Code or other authority. In the event the measure in Section 3 will not be reprinted in the voter
information pamphlet in its entirety, the Registrar of Voters is hereby requested to print,
immediately below the impartial analysis of the measure, in no less than 10-point boldface type,
a legend substantially as follows;
"The above statement is an impartial analysis of Measure'. if you
desire a copy of the measure, please call the Contra Costa County
Registrar of Voters at {phone number} and a copy will be mailed at no
cast to you."
(c) Consolidation. The Contra Costa County Superintendent of Schools and the
Board of Supervisors of the County are requested to order consolidation of the election with such
other elections as may be held on the same day in the same territory or in territory that is in part
the same.
DOCssF 1;717210.3 -4-
(d) Canvass of Results. The Board of Supervisors of the County is authorized to
canvass the returns of the election pursuant to Section 10411 of the Elections Code.
8. A mrooriations Limit. The Board of Education shall 'provide in each year
(pursuant to Section 7902.1 of the Government Code or any successor provision of law) for any,
increase in the District's appropriations limit as shall be necessary to ensure that proceeds of the
Excellence in Education Tax may be spent for the authorized purposes_
3. Ballot Amument. The President of this Board, or any member or members of
this Board as the President shall designate, is hereby authorized, but not directed., to prepare and
file with the Registrar of Voters a ballot argument in favor of the measure contained in Section 3
hereof, within the time established by the Registrar of Voters, which shall be considered the
official ballot argument of this Board as sponsor of the measure.
10. Effective Date. This resolution shall take effect from and after its adoption.
PASSED AND ADOPTED this 8th clay of January, 2004, by the following vote:
AYES: BUCHANAN, CLARKSON, GARDNER, MARVEL, PETSUCH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
4SRamon
sident o the Board' f Education
Valley Unified School District
ATTEST:
1
t retary of the Board of Education
San Ramon Valley Unified School District
DOCSSF1:717210.3 -$-
EXHIBIT A
FORM. OF
FORMAL NOTICE OF PARCEL TAX. ELECTION
NOTICE IS HEREBY GIVEN to the qualified electors of the San Ramon Valley
Unified School District of Contra Costa County, California, that in accordance with the
provisions of the Education Code and the Government Code of the State of California, an
election will be held on April 13, 2004, for the purpose of submitting to the qualified electors of
the District the proposition summarized as follows:
"To retain high quality teachers, keep smaller class sizes,';keep school
libraries open, keep counselors, and keep elementary instrumental music
programs, shall the San Ramon Valley Unified School District levy an
annual tax of$90 per taxable parcel for five years only, beginning,July 1,
2004, with independent annual audits and a complete exemption for
parcels owned and occupied by persons 65 years of age or over?"
By execution of this formal Notice of Election the County Superintendent of
Schools of Contra Costa County orders consolidation of the election with such other elections as
may be held on the same day in the same territory or in territory that is in part the same.
The County Superintendent of Schools of Contra Costa County, by this Notice of
Election, has called the election pursuant to a Resolution and Order of the Board of Education of
the San Ramon Valley Unified School District adopted January 8, 2004, in accordance with the
provisions of Education Code Sections 5302, 5325 and 5361.
IN WITNESS WHEREOF, 1 have hereunto set my hand this day, ,
2004.
aunty Superintendent of Schools
Contra Costa County, California
DOCSSF i:'717210.3
SECRETARY'S CERTIFICATE
1, Robert Kessler, Secretary of the Board of Education of the San Ramon Valley'
Unified School District, County of Contra Costa, California, do hereby certify as follows:
The attached is a full, true and correct copy of a resolution duly adopted at a
special meeting of said Board of said District duly and regularly held at the regular meeting place
thereof on January 8, 2004, and entered in the minutes thereof, of which meeting all of the
members of said Board of Education had due notice and at which a quorum thereof was present,
and said resolution was adopted by the following vote:
AYES: BUCHANAN, CLARKSON, GARDNER, MARVEL, PETSUCH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
At least 24 hours before the time of said meeting, a written notice and agenda of
the meeting was retailed and received by or personally delivered to each member of the Beard of
Education not having waived notice thereof, and to each local newspaper of general circulation,
radio, and television station requesting such notice in writing, and was posted in a location freely
accessible to members of the public, and a brief description of the resolution appeared on said
agenda.
I have carefully compared the same with the original minutes of said meeting on
file and of record in my office. Said resolution has not been amended, modified or rescinded
since the date of its adoption, and the same is now in full force and effect.
WITNESS my hand this 9th clay of January, 2004.
Secretary of the Board of Education
San Ramon Valley UnifiedSchool District
DOCSSF 1:7 t 7;710.3