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Alameda County, CA November 4, 2014 Election
Measure K
Student Achievement and Excellence in Teaching Renewal
Emery Unified School District

Parcel Tax - 2/3 Approval Required

Pass: 1952 / 85.65% Yes votes ...... 327 / 14.35% No votes

See Also: Index of all Measures

Results as of Dec 28 11:38am, 100.00% of Precincts Reporting (5/5)
Information shown below: Arguments | Full Text

Without increasing taxes, to improve Emeryville schools/student achievement by continuing local funding for programs including: reading, writing, math, science; keeping classes small/school libraries open; recruiting/retaining qualified, experienced teachers/staff; maintaining classroom technology; providing counselors; shall Emery Unified School District renew its existing voter-approved parcel tax at the current rate of 15 cents per square foot of building area for 20 years with a senior exemption, Independent Citizens' Oversight and all funds staying local?

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Arguments For Measure K Arguments Against Measure K
Vote Yes on K--continue maintaining outstanding reading, writing, math and science programs for our local Emeryville students, with No increase in taxes!

Thanks to your support, student academic performance has significantly improved over the last few years in the Emery Unified School District. Yes on K builds on these advancements, while continuing to provide excellent, quality education for our students.

Yes on K simply renews existing funding with no increase in current tax rates
Yes on K maintains core academic programs in reading, writing, math and science
Yes on K helps recruit and retain qualified teachers
Yes on K keeps school libraries open
Yes on K is fiscally responsible and includes Independent Citizens' Oversight

If locally-approved funding is not renewed at current tax rates, at least 25% of funding for Emeryville's schools will be eliminated--causing significant increases in class sizes. Remember, Measure K is not a new tax--it simply renews/continues an existing measure first adopted by Emeryville voters more than a decade ago to maintain vital funding for Emeryville's schools.

No money will be spent on administrators' salaries, pensions or benefits, all funds will be spent in Emeryville for our local schools, and cannot be taken by Sacramento. An Independent Citizens Oversight Committee of Emeryville residents will continue to monitor all funds to ensure they are being spent as promised to you, the taxpayer. Seniors age 65 and up will continue to be exempt.

Our community is united on the importance of quality education and good schools, which are not only the right thing to support, but contribute to strong property values--vote Yes on K!

Join a broad coalition including the Emeryville Chamber of Commerce, teachers, parents, seniors, and community leaders in voting Yes on K!

For factual information, visit: www.emeryusd.k12.ca.us.
For campaign information, visit: http://www.YESonKHelpEmerySchools.com

Melodi Dice, President, Emery Unified School District Board of Trustees
Bob Canter, President & CEO, Emeryville Chamber of Commerce
Thomas Salvatore, Emery USD Music Teacher
Ellen Naghavi, Anna Yates Elementary Parent

No arguments against Measure K were filed.

Full Text of Measure K
Findings

The Emery Unified School District has enjoyed community support for quality education and student achievement, with District voters strongly supporting two previous measures to ensure a reliable source of local funding to maintain academic excellence.

Thanks to the continued support of the community Emery Unified School District student academic performance has significantly improved over the last few years.

A superior and comprehensive K-12 education program delivers many long-lasting benefits and advantages to all the children and residents of a community.

An extension of Measure A, approved by Emery voters in 2007, that will supplement regular State and local school funding, is necessary to protect our children and their education programs from serious damage.

If locally-approved funding is not renewed at current tax rates, at least 25% of the Emery Unified School District's budget will be eliminated, causing significant increases in class sizes and potentially causing a situation where Emery schools would be absorbed into surrounding school districts, where taxes are higher.

Continuing existing local funding with NO increase in current tax rates will allow the District to continue to provide excellent, quality education for its students; and

Continued funding with NO increase in current tax rates will maintain core academic programs in reading, writing, math and science; recruit and retain qualified teachers; and keep school libraries open, among other priorities.

None of the continued funding will be spent on administrators' salaries, pensions or benefits, and all funds will be spent in Emeryville for its local schools, and cannot be taken by Sacramento.

Terms

Upon approval of two-thirds of those voting on this Proposition, the District shall be authorized to levy a qualified special tax (school parcel tax renewal) for twenty years, beginning on July 1, 2017, at the rate of 15 cents per square foot of total building area on each parcel of taxable real property located wholly or partly within the District.

If approved by two thirds of the voters casting ballots on this measure, the special taxes so authorized will extend the levy under Measure A for an additional 20 years, commencing on July 1, 2017, and expiring on July 1, 2037. Whether this measure is approved, the special taxes approved by Measure A shall continue in effect, in accordance with their terms, through and including June 30, 2017.

Purposes

Moneys raised under this school parcel tax renewal shall be authorized to be used to maintain programs and services that would be at risk without continuation of the parcel tax, including but not limited to preserving funding to:

(i) Strengthen and improve academic curriculum and educational programs in the following essential areas:
(A) Mathematics
(B) Science
(C) Literacy
(D) Music
(E) Visual and Performing Arts

(ii) Strengthen and improve programs and services in the following areas which contribute to student academic success:
(A) School libraries
(B) Wellness Initiative
(C) Counseling
(D) Tutoring and mentoring
(E) Keeping classroom technology up to date and providing technology support

(iii) Recruit and retain quality teachers and staff.

(iv) Keep class sizes small.

The revenue raised by the school parcel tax renewal shall not be used for general educational purposes, but shall be used solely for the specific educational purposes set forth in this measure. Each year, the Board of Education shall determine which of these specific educational purposes shall be funded and the amount of such funding.

Exemptions

The exemptions provided for below shall be available pursuant to procedures to be prescribed by the Board of Education or otherwise as required by law or by the Alameda County Tax Collector.

Senior Exemption. An exemption will be made available to each property owner in the District who will attain the age of 65 years prior to July 1 of the parcel tax year, who owns a beneficial interest in the parcel, who uses that parcel as his or her principal place of residence and who applies to the District on or before July 1, 2017, or July 1 of any succeeding parcel tax year. Any one application from a qualified applicant will provide an exemption for the parcel for the remaining term of the parcel tax so long as such applicant continues to use the parcel as his or her principal residence. Senior exemptions granted during the term of the existing school parcel tax Measure A or the immediately proceeding school parcel tax measure will continue.

Accountability Provisions

Annual Audit. Upon the levy and collection of the school parcel tax renewal, the Board of Education shall cause an account to be established for deposit of the proceeds, pursuant to Government Code Section 50075.1. For so long as the tax is collected, the Superintendent of the District shall cause an independent financial auditor to prepare a report to be filed with the Board of Education no later than December 31 of each year, commencing December 31, 2018, stating (1) the amount collected and expended in such year, and (2) the status of any projects or description of any programs funded. 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.

Specific Purposes. All of the purposes named in this Proposition shall constitute the specific purposes of the school parcel tax renewal, and proceeds thereof shall be applied only for such purposes.

Citizen's Oversight Committee. The Citizen's Oversight Committee established in connection with the existing school parcel tax shall be continued and shall meet and advise the Board of Education about the proper expenditure of the proceeds of the school parcel tax renewal. The Citizen's Oversight Committee shall also review the annual report prepared by the District regarding the amount of funds collected and expended and the status of any program authorized to be funded.

Levy and Collection

The District or its designee annually shall provide the Alameda County Treasurer-Tax Collector a report indicating the parcel number and amount of tax for each parcel of taxable real property.

For purposes of calculating each year's taxes on each taxable parcel, the square feet of total building area shall be based on data from the Alameda County Assessor, the City of Emeryville, and voluntary disclosure by property owners. Annually, the square feet of total building area shall be updated using data from those sources. Data for parcels which have a building permit issued by March 31 of each year for new construction, addition of square footage or demolition will be updated for the following Fiscal Year. Data for parcels which have such a building permit issued after March 31 of each year will be updated for the next Fiscal Year for which such update is timely.

While data from the Assessor's Office and the City of Emeryville is deemed to be reliable, it is recognized that the data is not accurate in every instance. Therefore, taxpayers who believe the total building area used for their school parcel tax renewal calculation is incorrect may provide the District or its designee with evidence of the total building area and the District will reconcile the data and update its records accordingly. As with new building permit data, if a taxpayer submits corrective data by March 31 and such data results in a change in the total building area used to calculate the parcel's tax, then the tax for the following Fiscal Year shall be recomputed accordingly. If such data is submitted after March 31, then the District's records will be updated for the next Fiscal Year for which such update is timely.

The school parcel tax renewal shall be collected by the Alameda County Treasurer-Tax Collector at the same time and in the same 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. Any tax levied will become a lien upon the properties against which taxes are assessed and collectible.

The school parcel tax renewal shall be due with respect to every parcel of real property in the District which receives a separate tax bill for ad valorem property taxes from the Alameda 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 school parcel tax renewal in such year. In addition, parcels may be exempt from the school parcel tax renewal as described above under "Exemptions".

The District shall annually provide a list of parcels to the Alameda County tax collection officials which the District has approved for an exemption in accordance with this Proposition. The Alameda County Assessor's determination of exemption or relief for any reason of any parcel from taxation, other than through said exemption, shall be final and binding for the purposes of the school parcel tax renewal. 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 any tax paid shall follow the procedures applicable to property tax refunds pursuant to the California Revenue and Taxation Code.

The Board of Education may adopt such additional or supplemental procedures as it deems necessary or convenient for the administration of the school parcel tax renewal.

Protection of Funding

If the Congress or State Legislature enacts any law, or the U.S. Department of Education, or the State Department of Education or State Board of Education adopts any rule, providing that other funding to which the District would otherwise be entitled will be reduced as a result of the District's income from the school parcel tax renewal, then the Board of Education may take action as soon as practicable to reduce the amount or rate of the school parcel tax renewal such that the amount collected will not cause such other funding to be reduced.

Severability

The Board of Education hereby declares, and the voters by approving this Proposition concur, that every section, paragraph, sentence and clause of this Proposition 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 Proposition 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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