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LWV League of Women Voters of California Education Fund
Smart Voter
Sonoma, Marin County, CA November 2, 2004 Election
Measure K
Maintaining Excellence Act 2004 Tax
Petaluma Joint Union High School District

Parcel Tax - 2/3 Approval Required

22,119 / 68.0% Yes votes ...... 10,386 / 32.0% No votes
   21,989 (68.0%) Yes / 10,330 (32.0%) No in Sonoma County
   130 (69.89%) Yes / 56 (30.11%) No in Marin County

See Also: Index of all Measures

Results as of Nov 24 10:10am, 100.0% of Precincts Reporting (65/65)
  Includes 63/63 Precincts in Sonoma County as of Nov 19 4:09pm
  Includes 2/2 Precincts in Marin County as of Nov 24 10:10am
Information shown below: Impartial Analysis | Arguments | Full Text

To keep school libraries open, restore smaller class sizes grades 7-12, restore and maintain computer and technology programs, maintain music and fine art programs, and provide necessary educational programs and materials to the extent funds are available, shall the Petaluma Joint Union High School District be authorized to levy a $50 annual parcel tax for four years, beginning July 1, 2005 with annual citizens' oversight committee, exempting parcels owned and occupied by persons 65 years of age or over?

Impartial Analysis from the Sonoma County Council
The Petaluma Joint Union High School District has called an election on a special tax measure to fund educational programs. State law requires voter approval before a school district can impose a special tax.

This measure proposes a special tax of $50 per year per parcel for each parcel of land within the District's boundaries. The tax would be based on the privilege of using the parcel, would begin on July 1, 2005, and would remain in effect for no more than four years. Proceeds of the tax would be placed in a special fund and could only be used for purposes set out in the measure, which include keeping school libraries open, restoring smaller class sizes to grades 7 through 12, restoring and maintaining computer and technology programs, maintaining music and fine art programs, and providing necessary educational programs and materials. Each year, beginning with the year ending December 31, 2005, the measure calls for preparation of a report by an independent financial auditor, stating the amount received and expended from the tax for that year, and the status of any projects, and description of any programs, funded from the proceeds of the tax. In addition, the District Board is required to appoint a Citizens' Oversight Committee which each year will review both the budget for use of the tax proceeds and the annual independent audit.

The tax would be applied to each unit of real property in the District that receives a separate tax bill for property taxes. Parcels which are exempt from property tax, or on which no property tax is otherwise levied, are also exempt from this tax. The measure also exempts from the tax parcels owned or partially owned and occupied by a person who will be 65 years of age or older. Persons claiming exemptions based on ownership by a senior citizen would need to apply to the District on or before May 1, 2005, or May 1 of the first year the exemption applies to them. The measure describes what process must be followed to appeal any decision regarding applicability of the tax, or to apply for a refund if appropriate.

If two-thirds of the voters in the Petaluma Joint Union High School District who vote on this measure vote "yes," the measure will pass and the special tax will be levied. The tax would be collected in the same manner as regular property taxes starting with the 2005-2006 fiscal year.

STEVEN WOODSIDE,s/ Patrick K. Faulkner
Sonoma County CounselMarin County Counsel
 
By: s/ Kathleen Larocque
Deputy County Counsel

 
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Arguments For Measure K Arguments Against Measure K
Measure K is a local solution to the statewide problem of education funding. Measure K will maintain excellence in Petaluma's junior high and high schools and give our children the education they need to succeed.

As we all know, the State has drastically cut funding to all school districts. Our local schools are left with two options: cut basic programs that we offer to our students or come up with a local plan to solve our funding problem. Measure K is exactly that + a local plan to maintain excellence in Petaluma's schools.

Measure K will allow schools of the Petaluma Joint Union High School District to keep their libraries open and to maintain music and fine art programs that have been jeopardized over the past year.

Measure K will allow Petaluma's junior high and high schools to reduce class size and restore and maintain computer and technology programs that our students need to excel in college or in their careers.

There are taxpayer safeguards within Measure K. An independent Citizens Oversight Committee will conduct annual reviews to ensure Measure K funds are used as promised. Not one penny of Measure K will be used for administrative salaries. And, senior citizens 65 years of age or older may apply for an exemption to Measure K for parcels that they own and occupy.

Please join local teachers, parents, business owners, retirees and community leaders in voting Yes on Measure K. Measure K is a local solution that will maintain excellence in Petaluma's junior high and high schools.

s/ Gay Robbins, High School Teacher
s/ William Hammerman, Retiree
s/ Karen Nemrow, Parent
s/ Elizabeth Marquardt, Certified Public Accountant
s/ Vanna McWhinnie, Registered Nurse

Rebuttal to Arguments For
Wise counsel dictates that when you have dug yourself into a hole--stop digging. Facing a statewide financial crisis, it is time to stop spending and rethink our priorities. As painful as this can sometimes be, there can be benefits. When we are forced to live within our means, we will choose to spend on those programs we collectively deem most valuable to our students and delay programs of lesser value.

The state's funding to local school districts has decreased from the high levels of the late 1990s. Although the state spends more than $9,600 per pupil, we are still considerably below the national average in student achievement.

Providing more tax dollars does not always solve the problem. Better allocation of existing resources is called for. We urge you to send a strong message to the District's trustees and management to rethink how existing funds can be re-prioritized. Vote No on Measure K.

SONOMA COUNTY TAXPAYERS' ASSOCIATION
s/ Jack Atkin, President
s/ John B. Landis, Vice President
s/ Jack Abercrombie, Treasurer
s/ Jeanne Levin, Secretary
s/ Fred Levin, Executive Director

In terms of the coming year's budget, it may well be true that funds for the programs named in the ballot measure are limited. However, let's be clear how the District arrived at this point. During a number of recent years, the State had pumped increasing revenues to school districts. These revenues were then committed by the school districts to higher teachers' salaries and were locked in by union contracts. Now that the gravy train from the State has slowed, the District finds itself with little discretionary revenue, because they failed to plan for leaner times. Taxpayers should be able to count on school trustees to manage for the future, not just the present.

We urge you to take a good look at your current property tax bill's special assessments and add the requested parcel tax. Then, ask yourself, is this the right time for the District to ask me for more money? We already paid our share of taxes. Additionally, ask yourself whether or not the District is prudently managing its financial affairs. If not, how can you reward the District with higher taxes?

We urge you to send a strong message to the District's trustees and management to rethink how existing funds can be re-prioritized. Vote No on Measure K.

SONOMA COUNTY TAXPAYERS' ASSOCIATION
s/ Jack Atkin, President
s/ John B. Landis, Vice President
s/ Jack Abercrombie, Treasurer
s/ Jeanne Levin, Secretary
s/ Fred Levin, Executive Director

Rebuttal to Arguments Against
Measure K is a local solution to the statewide problem of education funding.

Every penny of Measure K will stay here in Petaluma--it will not be sent to Sacramento. Petaluma's schools have undergone tremendous budget cuts.

There is no "fat"+ we have eliminated many things that are considered the "basics".

Many core programs have been cut and more are threatened if we do not find a local answer to our education-funding problem.

Measure K will allow schools of the Petaluma Joint Union High School District to keep their libraries open and to maintain music and fine arts programs that have been jeopardized over the past year.

Measure K will allow Petaluma's junior high and high schools to reduce class size and restore and maintain computer and technology programs that our students need to excel in college or in their careers.

Not one penny of Measure K will be used for administrative salaries + it will all go directly into our junior high and high schools.

And, our senior citizens can apply for an exemption to Measure K for parcels that they own and occupy.

Petaluma is a terrific place to live and to raise a family. Slashing essential school programs will put that at risk.

Please join our local classroom teachers, parents, businesspeople, senior citizens and community leaders in voting Yes on Measure K.

s/ Gay Robbins, High School Teacher
s/ William M. Hammerman, Retiree
s/ Karen Nemrow, Parent
s/ Elizabeth Marquardt, Certified Public Accountant
s/ Vanna McWhinnie,Registered Nurse

Full Text of Measure K
TERMS OF MAINTAINING EXCELLENCE IN JR. HIGH AND HIGH SCHOOLS ACT OF 2004 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 $50 per year on each parcel of taxable real property in the District for no more than four years, commencing July 1, 2005. The qualified special tax shall be known and referred to as the "Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax." To the extent such funds are available, proceeds of the Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax shall be authorized to keep school libraries open, restore smaller class sizes grades 7-12, restore and maintain computer and technology programs, maintain music and fine art programs, and provide necessary educational programs and materials.

Senior Citizen Exemption. 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 Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax upon proper application to the District. Anyone claiming an exemption must apply to the District on or before May 1, 2005 or May 1 of any succeeding assessment year. Any one application from a qualified applicant will provide an exemption for the parcel for the remaining term of the assessment so long as such applicant continues to qualify for the exemption.

ACCOUNTABILITY PROVISIONS

Independent Annual Audit. Upon the levy and collection of the Maintaining Excellence in Jr. High and High Schools Act of 2004 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 Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax remain unexpended, the Superintendent or chief financial officer of the District shall cause an independent financial auditor to prepare a report to be filed with the Board of Education and the Citizens' Oversight Committee no later than December 31 of each year, commencing December 31, 2005, stating (1) the amount of Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax received and expended in such year, and (2) the status of any projects or description of any programs funded from proceeds of the tax. 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.

Citizens' Oversight Committee. The Board of Education shall appoint a Citizens' Oversight Committee which shall, on an annual basis, review both the Maintaining Excellence in Jr. High and High Schools Act of 2004 Budget and the Maintaining Excellence in Jr. High and High Schools Act of 2004 Independent Audit.

Specific Purposes. All of the purposes named in the measure shall constitute the specific purposes of the Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax, and proceeds of the tax shall be applied only for such purposes.

LEVY AND COLLECTION

The Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax shall be collected by the Sonoma County Treasurer-Tax Collector and the Marin County Treasurer-Tax 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. The collection of the Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax shall not decrease the funds available from other sources of the District in any period from the effective date hereof.

"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 Sonoma County Treasurer-Tax Collector's Office or the Marin 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 Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax in such year. Parcels owned and occupied by persons 65 years of age or older are exempt from the Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax as described above. The District shall annually provide a list of parcels which the District has approved for a Senior Citizen Exemption from the Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax as described above to the Sonoma and Marin County tax collection officials. The Sonoma County or Marin County Assessor's determination of exemption or relief for any reason other than the Senior Exemption of any parcel from taxation shall be final and binding for the purposes of the Maintaining Excellence in Jr. High and High Schools Act of 2004 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 Maintaining Excellence in Jr. High and High Schools Act of 2004 Tax 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 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 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 15, 2004 13:38 PST
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