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HomeMy WebLinkAboutMINUTES - 04052005 - C.54 TO: BOARD OF SUPERVISORS Con ra 'Stephen L. Weir Count Clerk-Recorder 04Costa E�d dn DATE: March 23 cou 2005 °sr---_-- ---. County A x SUBJECT: Approve Consolidation Requests for the June 7, 2005 Special Election SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND BACKGROUND AND JUSTIFICATION REQUEST(S): Approve the consolidation requests as on file in the Contra Costa Elections Department from the following jurisdictions for the June 7, 2005 Special Election. City of Brentwood 1 Councilmember John Swett 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 consolidation request will be recovered through billing the affected jurisdictions. REASONS FOR RECOMMENDATION/BACKGROUND: Granting the requests would allow the County Elections Division to conduct the election for the City of Brentwood; and to conduct that election and the John Swett Unified election together. CONSEQUENCES OF NEGATIVE ACTION: Not approving this request would require the City of Brentwood to conduct their own election and could slightly increase costs to the John Swett Unified School District for their separate election. CONTINUED ON ATTACHMENT: ❑ Yes SIGNATURE: Candy! e , ssi6tant gistrar L/�ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO OF BOARD C MITTEE APPROVE OTHER SIGNATURE(S): ACTION ON BO WON 04 AD�10>CJ o 15000 APPROVED AS RECOMMENDED A OTHER VOTE OF SUPERVISORS: X UNANIMOUS (ABSENT: GLOVk!g,) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN. ATTESTED: ?--�►©,� JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR N... %,_ 1: BY: cc: Elections Office 61EPUTY \\cccsg101\Shared Documents\ELECTION\2005\060705\BOARD OF SUPERVISORS\BoardOrderConsolidationRequest060705.doc JOHN SWETT A UNIFIED SCHOOL DISTRICT man Office of the Superintendent Michael S. Roth 1001. 341 B Street, Crockett, CA 94525 001 1 (510) 787-1141 FAX (510) 787-2079 �� ��-YE MAR 'O 8 Z005 March 8, 2005 CLERK BOARD OF SUPERVISORS CONTRACOSTACO. John Sweeten Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, 1 Ith Floor Martinez, California 94553 Re: Notice and Copy of Resolution Ordering a Parcel Tax Election within John Swett Unified School District for June 7, 2005 Election Dear Mr. Sweeten: The John Swett Unified School District ("District") has adopted a Resolution Calling a Parcel Tax Election for June 7, 2005 ("Resolution"). Please find a certified copy of the Resolution and an executed Formal Notice of Parcel Tax Election ("Notice") signed by the Contra Costa County Superintendent of Schools attached for your convenience. The District has posted a copy of the Notice at each school in the District and in three additional public places on behalf of the County Superintendent of Schools. Please contact the undersigned if you have any questions. Thank you, Michael S. Roth, Superintendent John Swett Unified School District GOVERNING BOARD Janet Callaghan Norma Clerici James Delgadillo Barbara Kotchevar Holly Myers FORMAL NOTICE OF PARCEL TAX ELECTION NOTICE IS HEREBY GIVEN to the qualified electors of the John Swett 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 June 7, 2005, for the purpose of submitting to the qualified electors of the District the proposition summarized as follows: To improve student reading, writing, math and science skills by recruiting and retaining highly qualified teachers and staff, restore programs and positions lost due to budget cuts, and benefit local schools, shall the John Swett Unified School District levy an annual special tax of $70 per residential parcel and a tax on commercial property in the amounts described in the voter pamphlet, for 5 years, with annual audits, independent oversight, and an exemption for homeowners 65 or older? 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 of the Board of Education of the John Swett Unified School District adopted March 7, 2005, in accordance with the provisions of Education Code Sections 5302, 5325 and 5361. IN WITNESS WHEREOF, I have hereunto set my hand this 7th day, March, 2005. AP s h A. Vick',—V;!.D'. 0 ty S erintendent of Schools ra Costa County, California Resolution No. (04-05)20 Page 2 Section 2. Date and Purpose of Measure. Pursuant to Section 4 of Article XIIIA of the California Constitution and Government Code section 50077, a special election shall be held within the boundaries of the District on Tuesday, June 7, 2005, for the purpose of voting on a measure ("Measure") which will be presented to voters in substantially the form attached hereto as Exhibit A, containing the question of whether the District shall impose a special tax for the educational purposes stated therein. In addition, the full text of the Measure ("Full Ballot Text") shall appear in the ballot pamphlet in substantially the form attached hereto as Exhibit B. Section 3. Senior Exemption from Special Tax. An exemption from payment of the special tax may be granted on any parcel owned by one or more persons 65 years of age or over who occupies said parcel as a principal residence, upon application for exemption ("Senior Citizen Exemption"). The District shall annually provide to the Contra Costa County Treasurer- Tax Collector or other appropriate County tax official ("County Tax Collector") a list of parcels that the District has approved for a Senior Citizen Exemption. Section 4. Collection of the Tax. The special tax shall be collected by the County Tax Collector at the same time, in the same manner, and subject to the same penalties as ad valorem property taxes collected by the County Tax Collector. Unpaid special taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. The special tax shall be levied on all parcels of taxable real property in the District. "Parcel of Taxable Real Property" shall be defined as any unit of real property in the District that receives a separate tax bill for ad valorem property taxes from the County Tax Collector's Office. All property that is otherwise exempt from or upon which are levied no ad valorem property taxes in any year shall also be exempt from the special tax in such year. 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 and the classification of property for purposes of calculating the tax, the decisions of a District administrative review panel shall be final and binding. Section 5. Authority for Ordering Election. The authority for ordering the election is contained in Section 50075 et seq. of the Government Code and Section 4 of Article XIIIA of the California Constitution. Section 6. Authority for Specifications. The authority for the specification of this election order is contained in Section 5322 of the Education Code. Section 7. Resolution to County Clerk-Recorder and Clerk. The Clerk of the Board is hereby directed to immediately send a copy of this Resolution to the County Clerk-Recorder, as the officer conducting the election, the Contra Costa County Superintendent of Schools ("County Superintendent"), and to the Contra Costa County Clerk of the Board of Supervisors ("County Board"). Resolution No. (04-05)20 Page 3 Section 8. Formal Notice. The County Superintendent is hereby requested to prepare and execute a formal Notice of Parcel Tax Election and Consolidation ("Notice") and to call the election by causing the Notice to be posted in accordance with Section 5362 of the Education Code no later than March 9, 2005, or otherwise cause the Notice to be published as permitted by law. Section 9. Conduct of Election. (a)Request to County Clerk-Recorder. Pursuant to Section 5303 of the Education Code, the County Clerk-Recorder is requested to take all steps to hold the election in accordance with law and these specifications. (b) Voter Pamphlet. The County Clerk-Recorder is hereby requested to reprint the Full Ballot Text in substantially the form attached hereto as Exhibit B in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the Full Ballot Text will not be reprinted in the voter information pamphlet in its entirety, the County Clerk-Recorder 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 Clerk-Recorder at (phone number) and a copy will be mailed at no cost to you. (c) Consolidation. The County Clerk-Recorder and the County Board are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 7, 2005, within the District. (d) Canvass of Results. The County Board is authorized to canvass the returns of the election pursuant to Section 10411 of the Elections Code. Section 10. Appropriations Limit. The Board shall provide in each year for an increase in the District's appropriations limit as shall be necessary to ensure that the proceeds of the special tax may be spent for its authorized purposes. Section 11. Full Ballot Text. The Board hereby determines to include within the ballot pamphlet the Full Ballot Text in substantially the form attached hereto as Exhibit B, which is hereby approved and adopted by the Board, and the County Clerk-Recorder is hereby directed to include the Full Ballot Text in the ballot pamphlet. Section 12. Ballot Arguments. The President of this Board and/or his designees are hereby authorized to prepare and file with the County Clerk-Recorder any ballot argumentprepared in connection with the election, including a rebuttal argument, each within the time established by the County Clerk-Recorder, which shall be considered the official ballot arguments I of the Board as sponsor of the Measure. Resolution No. (04-05)20 Page 4 Section 13. Official Actions. The District Superintendent,President of the Board, or their designees are hereby authorized to execute any other document and to perform all acts necessary top lace the Measure on the ballot, including making alterations to the Measure and Full Ballot Text stated in Exhibits A and B hereto to comply with requirements of law and election officials or which are, in the judgment of the Superintendent, in the best interests of the District. ADOPTED, SIGNED and APPROVED by the Board of Education of the John Swett Unified School District on the 7th day of March, 2005, by the following vote: AYES: Callaghan, Clerici, Delgadillo, Kotchevar, and Myers NOES: None AB STENTIONS: None Norma Clen*ci President of the Boar of Education of the John Swett Unified School District Jttestetd t to t Callaghan uion of the Clerk of the Board of Ed John Swett Unified School District Resolution No. (04-05)20 Page 5 EXHIBIT A ABBREVIATED TEXT OF MEASURE To improve student reading, writing, math and science skills by recruiting and retaining highly qualified teachers and staff, restore programs and positions lost due to budget cuts, and benefit local schools, shall the John Swett Unified School District levy an annual special tax of$70 per residential parcel and a tax on commercial property in the amounts described in the voter pamphlet, for 5 years, with annual audits, independent oversight, and an exemption for homeowners 65 or older? Resolution No. (04-05)20 Page 6 EXHIBIT 111111 FULL BALLOT TEXT The full text of the ballot measure shall read as follows: To improve student reading, writing, math and science skills by recruiting and retaining highly qualified teachers and staff, restore programs and positions lost due to budget cuts, and benefit local schools, shall the John Swett Unified School District levy an annual special tax of$70 per residential parcel and a tax on commercial property in the amounts described herein,for 5 years, with annual audits, independent oversight, and an exemption for homeowners 65 or older, in order to: a) retain highly qualified teachers already teaching in the district by making teacher salaries in the John Swett Unified School District more competitive with the salaries offered by other districts in the Bay Area, b) attract additional highly qualified teachers by making teacher salaries in the John Swett Unified School District more competitive with the salaries offered by other districts in the Bay Area, c) retain and attract members of the district's highly qualified and dedicated support staff by making staff salaries in the John Swett Unified School District more competitive with the salaries offered by districts in the Bay Area C) restore programs and positions lost due to budget cuts as feasible, d) maintain class sizes that are as small as possible, e) maintain safe, supportive, quality schools. The revenues shall be fairly and equitably distributed to all K-12 schools operated by the District. The expenditure of revenues shall be monitored by a volunteer, independent Citizens Advisory Committee. The number of Committee members and the procedure for their selection shall be established by Board resolution. This Committee shall provide an annual monitoring report to the Board and this report shall be posted on the District website. Resolution No. (04-05)20 Page 7 Basis of Tax. The tax shall be levied on all parcels of taxable real property in the District, as defined below, as follows: Type of Parcel/Land Use Classification Amount of Annual Tax Residential $70 per parcel Commercial, excluding Heavy Industrial $70 per parcel Heavy Industrial Less than 600 acres $70 per parcel More than 600 acres $200,000 per parcel "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 Contra Costa 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. For purposes of the tax, "Heavy Industrial" property means property classified as such for taxation purposes by the Contra Costa County Assessor as Use Code 54. For purposes of determining the acreage classification of Heavy Industrial property, acreage shall be determined by aggregating all Heavy Industrial property in the District under common ownership. For Heavy Industrial property exceeding 600 acres, the aggregated parcels shall comprise one parcel for purposes of determining the amount of tax owed. An exemption may 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. With respect to all general property tax matters within its jurisdiction, the Contra Costa 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 determination, the decisions of the District shall be final and binding. Pursuant to California Constitution article XIIIIB and applicable laws, the appropriations limit for the District will be adjusted periodically by the aggregate sum collected by levy of this special tax. Resolution No. (04-05)20 Page 8 Accountability Measures 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 I of each year while the tax is in effect, the District shall prepare and file with the Board of Education 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 independent Citizen's Oversight Committee shall be appointed by the Board of Education 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 of Education hereby declares, and the voters by approving this measure concur, that every section and part 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 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.