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Smart Voter
Santa Clara County, CA June 3, 2014 Election
Measure H
Parcel Tax Continuation
Evergreen School District

2/3 Approval Required

Pass: 11445 / 74.90% Yes votes ...... 3835 / 25.10% No votes

See Also: Index of all Measures

Results as of Jul 9 6:44pm, 100.0% of Precincts Reporting (55/55)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

To provide competitive and safe learning environments and enhance student achievement by
  • Improving hands-on science, technology and math instruction;
  • Keeping class size low;
  • Improving teacher quality and training;
  • Protecting arts/music programs and libraries;
  • Ensuring adequate student supervision and safety;

Shall the Evergreen Elementary School District renew a parcel tax at $100 per parcel for 5 years with citizen oversight, annual reports, a senior exemption, and no money for District administrators' salaries or the State?

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote is a vote to approve a qualified special tax of $100 per parcel on parcels within the District for five years.

A NO vote on this measure means:
A "no" vote is a vote to not approve a qualified special tax of $100 per parcel on parcels within the District for five years.

Impartial Analysis from County Counsel
A school district may levy a special tax upon approval by two-thirds of the votes cast on a measure pursuant to section 4 of article XIIIA of the California Constitution and sections 50075 et seq. of the California Government Code.

The Board of Trustees (Board) for the Evergreen School District (District) proposes Measure H, a five-year parcel tax of $100 per parcel per year. If approved, the parcel tax will commence on July 1, 2014 and expire on June 30, 2019.

The proposed tax exempts any parcel that is a principal residence of, and owned by, one or more persons 65 years of age or older.

State law requires the District to state the specific purposes for which the tax proceeds will be used and only spend the proceeds of the tax for these purposes. The stated purposes of the tax proposed by Measure H are to (1) advance hands-on science, technology and math instruction; (2) maintain low class sizes; (3) improve teacher quality through enhanced professional development; (4) ensure continuation of grades 4-8 arts/music programs; (5) enhance student supervision and safety; and (6) maintain five days of library support at all schools. Revenues generated by Measure H will not be used for District administrators' salaries or for the State.

The District is required by law to provide additional accountability measures for the proceeds. These measures include (1) depositing the proceeds into a fund that is separate and apart from other District funds; and (2) providing an annual written report to the Board detailing the amount of funds collected and expended and the status of any project authorized to be funded from the tax. The Superintendent of the District will appoint or designate an advisory committee of citizens, which will report annually to the Board and public regarding the expenditure of the tax proceeds.

Measure H was placed on the ballot by the Board.

A "yes" vote is a vote to approve a qualified special tax of $100 per parcel on parcels within the District for five years.

A "no" vote is a vote to not approve a qualified special tax of $100 per parcel on parcels within the District for five years.

Orry P. Korb
County Counsel

By: /s/ Susan Swain

Lead Deputy County Counsel

 
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Arguments For Measure H Arguments Against Measure H
Evergreen School District is one of the top performing districts in the County. All eighteen of our schools have earned the prestigious California Distinguished School Award.

Five years ago, Evergreen voters passed Measure T to preserve the high-quality education our local elementary and middle school students deserve. Measure T expires in June 2014. Measure H simply continues our community's history of supporting a first-class education for our children.

Today's students need to be prepared for tomorrow's jobs. Measure H enhances science, technology, and math programs to give our children the solid academic background needed to thrive in the future.

Students benefit from the individual attention they receive in small classes. Measure H will keep class sizes low and create better learning environments for our kids.

Measure H continues our investment in student safety by providing enhanced supervision and safety at all schools through appropriate staffing.

Creative problem solving skills are critical in today's global economy. Studies show that students involved in arts and music programs average 90 points higher on the SAT. Measure H safeguards art and music programs at our schools.

Measure H is a smart investment. High-quality schools protect property values and provide for a strong community. Measure H will cost homeowners only $8.33 a month, cannot increase over time, and it expires in 5 years. Measure H allows for an exemption for senior citizens.

Measure H has built in taxpayer protections. It requires annual reports, a citizen's oversight committee, and absolutely no money can go towards district office administrators' salaries.

Measure H is our opportunity to ensure that Evergreen schools remain the pride of our neighborhoods where our children receive a world-class education.

Our students deserve our support. Vote Yes on Measure H. http://www.supportevergreenschools.com

/s/ Sylvia Alvarez
President, Evergreen School District Board of Trustees

/s/ Brian Wheatley
President, Evergreen Teachers Association

/s/ Raelene De Santiago
President, Evergreen Council of PTA's

/s/ Jeremy Barousse
President, District 8 Community Round Table

/s/ Robert Wendell
Resident, The Villages

Rebuttal to Arguments For
Evergreen Elementary School District is trying to use the state budget crisis to grab unearned money. They want to hike the 2008 tax of $90 per parcel to $100 every year for 5 years! Consider this:

-Student enrollment is virtually flat.

-The number of teachers has declined from 632, in the 2009-10 school year, to 566 in 2011-12 (latest figures available).

With the same number of students, and fewer teachers, shouldn't expenses drop?

Doesn't matter: the District wants even more money.

But don't we value those remaining teachers? Yes! Here's a comparison of Evergreen Elementary School District's teacher salaries to those statewide (on average):

2011-12 | Enrollment: 13,347

Teachers' salary = $79,787 | Statewide = $68,603

2010-11 | Enrollment: 13,388

Teachers' salary = $78,130 | Statewide = $67,388

2009-10 | Enrollment: 13,323

Teachers' salary = $74,978 | Statewide = $67,531

Source: Education Data Partnership -- www.ed-data.k12.ca.us

What about "class size reduction"?

In 2008, they promised to "maintain class size reduction". Did they?

According to Education Data Partnership, the class size in the 2008-09 year was 26 students per teacher. In 2011-12 (latest figures available) it is 28.2 students per teacher.

Failed promise???

Teach Evergreen Elementary School District's board to be financially responsible and hold them accountable for promises made in the 2008 ballot measure: Vote NO on Measure H.

For more information, please visit http://www.SVTaxpayers.org/2014-06-evergreen-elementary-sd-parcel-tax.

/s/ Mark W.A. Hinkle
President: Silicon Valley Taxpayers Association

/s/ Edward Leo Wimmers
Chair, Libertarian Party of Santa Clara County

Evergreen Elementary School District is trying to use the state budget crisis to grab unearned money. They want to hike the 2008 tax of $90/parcel to $100, every year for 5 years! Consider this:
- Student enrollment is virtually flat.

- The number of teachers has declined from 632, in the 2009-10 school year, to 566 in 2011-12 (latest figures available).

With the same number of students, and fewer teachers, shouldn't expenses drop? Doesn't matter: the District wants even more money.

But don't we value those remaining teachers? Yes! Here's a comparison of Evergreen Elementary School District's teacher salaries to those statewide (on average):

2011-12 │ Enrollment: 13,347 Teachers' salary = $79,787 │ Statewide = $68,603

2010-11 │ Enrollment: 13,388 Teachers' salary = $78,130 │ Statewide = $67,388

2009-10 │ Enrollment: 13,323 Teachers' salary = $74,978 │ Statewide = $67,531

(Source: Education Data Partnership, www.Ed-Data.K12.ca.us)

What about homeowners and renters?

They haven't stopped feeling the pinch of the economic downturn and inflation. With Santa Clara County's official unemployment rate at 6.3% (up from 5.8% in December, 2013), but the real rate ─ counting people who have stopped trying to find work - far higher, Measure H will increase everyone's housing cost (except the few senior homeowners who remember to file for their exemption), hurting the unemployed the worst.

The District says that none of these funds will be used for administration. But that's an empty promise: any funds generated outside this parcel tax can simply be shifted to administration -- without limit. Don't be fooled by the shell game.

Everywhere, families' budgets are being slashed -- why not also at Evergreen Elementary School District?

Teach Evergreen Elementary School District's board to be financially responsible: Vote NO on Measure H.

For more information, please visit http://www.SVTaxpayers.org/2014-06-evergreen-elementary-sd-parcel-tax.

/s/ Mark W.A. Hinkle
President: Silicon Valley Taxpayers Association

/s/ Edward Leo Wimmers
Chair, Libertarian Party of Santa Clara County

Rebuttal to Arguments Against
Evergreen School District's teachers, community leaders, and parents agree that Measure H gives our students the resources they need to keep Evergreen School District as one of the top performing districts in the County.

Measure H replaces the existing parcel tax, Measure T, which expires this June. Without Measure H, our schools risk losing the ability to:

  • Improve hands-on science, technology and math instruction,
  • Keep class sizes low,
  • Improve teacher quality and training,
  • Enhance student supervision and safety,
  • Protect arts/music programs and protect existing school library hours.
Measure H improves hands-on science, math and technology programs for our students, preparing them for the 21st Century economy. It helps keep class sizes low, allowing students to get the individual attention in the classroom they need.

Measure H improves teacher quality and training, ensuring our students benefit from highly skilled teachers. It also provides enhanced supervision and safety at all schools through appropriate staffing.

Measure H protects taxpayers by guaranteeing annual financial reports, a citizen's oversight committee and by guaranteeing that no money goes towards district office administrators' salaries. Measure H cannot increase over time, and it expires in 5 years. Measure H also allows for an exemption for senior citizens.

High-quality schools protect our property values. Measure H will help the Evergreen School District maintain its place as one of the top school districts in Silicon Valley with the likes of Cupertino, Los Gatos and Palo Alto.

Protect our students. Protect our schools. Protect your property values. Vote Yes on H. http://www.supportevergreenschools.com

/s/ Sylvia Alvarez
President, Evergreen School District Board of Trustees

/s/ Brian Wheatley
President, Evergreen Teachers Association

/s/ Raelene De Santiago
President, Evergreen Council of PTA's

/s/ Jeremy Barousse
President, District 8 Community Round Table

/s/ Robert Wendell
Resident, The Villages

Full Text of Measure H
EVERGREEN ELEMENTARY SCHOOL DISTRICT ACADEMIC EXCELLENCE MEASURE

Measure H

Recitals

Whereas, the Board of Trustees ("Board") of the Evergreen Elementary School District ("District") has established the goals of improving academic performance and the quality of education for all children in the District so that they are prepared for high school and beyond; and

Whereas, the District aims to enhance local control of our schools and reduce its dependence on the State of California for education funding; and

Whereas, by law, all funds from this local funding measure must be used to protect the specified programs in District schools and cannot be taken away by the State. Strict accountability is mandatory, including no funds for District administrators' salaries and independent citizen oversight and annual reports to ensure funds are spent as promised.

Terms

To provide competitive, supportive and safe learning environments and enhance student achievement, the Evergreen Elementary School District proposes this Measure to support the following specific programs and expenditures:

  • Advancing hands-on science, technology and math instruction;
  • Maintaining low class sizes;
  • Improving teacher quality through enhanced professional development;
  • Ensuring continuation of grades 4-8 arts/music programs;
  • Enhancing student supervision and safety;
  • Maintaining 5 days of library support at all schools

The Evergreen Elementary School District shall renew a parcel tax at $100 per parcel for 5 years with citizen oversight, annual reports, a senior exemption and no money for District administrators' salaries or the State.

A. Amount and Basis of Tax

The special tax shall be $100 per Parcel of Taxable Real Property beginning in July 1, 2014, and continuing for a period of five (5) years. The District shall provide the Santa Clara County Tax Collector ("County Tax Collector") a report indicating the parcel number and amount of tax for each Parcel of Taxable Real Property.

To the extent allowed by law, "Parcel of Taxable Real Property" shall be defined as:

(a) Any unit of real property in the District that receives a separate tax bill for ad valorem property taxes from the County Tax Collector.

(b) All property that is otherwise exempt from or upon which are levied no ad valorem property taxes in any year shall not be considered a Parcel of Taxable Real Property for purposes of the special tax in such year.

(c) Multiple parcels which are contiguous, under common ownership, and that constitute one economic unit, meaning that they have the same primary purpose as the principal parcel and are not separate and distinct properties that may be independently developed or sold, shall comprise a single Parcel of Taxable Real Property for purposes of the special tax.

If any portion of this definition is deemed contrary to law, the Board declares and the voters by approving the Measure concur, that every other section and part of this definition has independent value, and the Board and voters would have adopted each other section and part hereof regardless of every other section or part hereof. If all sections or parts of this definition are deemed contrary to law, "Parcel of Taxable Real Property" shall be defined as any real property in the District assigned an assessor's parcel number.

B. Senior Persons' Exemption from Special Tax

Under procedures adopted by the District, an exemption from payment of the special tax may be granted on any parcel owned by one or more persons sixty-five (65) years of age or over and occupying said parcel as a principal residence ("Senior Citizen Exemption"). The District shall annually provide to the Santa Clara County Tax Collector ("County Tax Collector") or other appropriate County official a list of parcels that the District has approved for an exemption.

C. Claim / Exemption Procedures

With respect to all general property tax matters within its jurisdiction, the County Tax Collector 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 its legality or validity, the Senior Citizen Exemption, the application of the definition of "Parcel of Taxable Real Property" to any parcel(s) or any other disputed matter specific to the application of the special tax, 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.

D. Appropriations Limit

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

E. Accountability Measures

1. Specific Purposes. The proceeds of the special tax shall be applied only to the specific purposes identified above.

2. Annual Reports. The proceeds of the special tax shall be deposited into an account, which shall be kept separate and apart from other accounts of the District, pursuant to the Government Code. No later than December 31 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 during the prior fiscal year, and the status of any project authorized to be funded by this measure. The report may relate to the calendar year, fiscal year, or other appropriate annual period, as said officer shall determine, and may be incorporated into or filed with the annual budget, audit, or other appropriate routine report to the Board.

3. Advisory Committee. An advisory committee of citizens shall be appointed or designated by the Superintendent 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 such funds. The Board may provide by resolution for the composition, duties, funding, and other necessary information regarding the committee's formation and operation, and the Superintendent may elect to extend the existing parcel tax advisory committee to oversee expenditure of funds from this measure.

F. Protection of Funding

Current law forbids any decrease in State or federal funding to the District resulting from the adoption of an education parcel tax. However, if any such funding is reduced or affected because of the adoption of this local funding measure, then the Board may reduce the amount of the special taxes levied as necessary in order to restore such State or federal funding and/or maximize the District's fiscal position for the benefit of the educational program. As a result, whether directly or indirectly, no funding from this measure may be taken away by the State or federal governments.

G. 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: July 9, 2014 18:44 PDT
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