24,010 / 71.6% Yes votes ...... 9,512 / 28.4% No votes

See Also: Index of all Measures

A school district, following notice and public hearings, has the authority to levy special taxes upon approval by twothirds of the votes cast on the special tax proposal pursuant to Section 4 of Article XIIIA of the California Constitution and sections 50075-77, 50079, and 53722 of the California Government Code.

If approved, these tax funds could only be used by the District for the purposes of attracting and retaining qualified teachers and library staff, implementing smaller class sizes, restoring college and career preparation classes and high school counselors, providing instructors/ equipment for science education, and maintaining art/music programs.

If two-thirds of the qualified electors voting on this measure vote for approval, a special tax of $120 per parcel per year will be levied by the District for five years, beginning on July 1, 2005. An exemption from the tax will be made to property owners 65 years of age or older upon application to the District. The tax will be collected by the Alameda County and Contra Costa County treasurer-tax collectors at the same time and in the same manner as ad valorem property taxes are collected.

If less than two-thirds of the qualified electors voting on this measure vote for approval, the measure will fail and the District will not be authorized to levy the special tax as proposed by this measure.

s/RICHARD E. WINNIE County Counsel

Measure D

• Google News Search
• Valley Times Livermore schools pushes parcel tax. 10/19/04

Yes on Measure D Web site

Our community has worked hard to make our local schools among the best in the county. The results are clear. Student achievement is up. Test scores have steadily climbed over the past four years at all schools in the Livermore Valley Joint Unified School District.

But our school district, like many others in California, is facing severe budget cuts due to the current state budget crisis. Since the year 2000 over $12 million in direct cuts to Livermore classrooms and quality educational programs have taken their toll. The District has cut back administrators and non-teaching staff to the bare minimum. This year the Board of Education was forced to close two elementary schools and increase class sizes for 2004-05 to maintain a balanced budget.

Measure D will authorize funding to:

• Attract and retain quality teachers

• Keep class sizes small at all levels

• Restore college and career preparation classes

• Restore elementary science programs

• Maintain art, music and foreign language in middle schools

• Restore high school counselors

• Keep school libraries open with skilled staff Measure D:

• Is authorized for 5 years only

• Includes an exemption for senior citizens age 65 or older

• Requires independent citizens' oversight and annual audits

• Provides no funding for administrators' salaries

• Is deductible on State and Federal income taxes

Please join citizens throughout Livermore in casting your vote to protect quality education Vote YES on D.

s/RON FURTADO Retired, 34-year Livermore High School Agriculture Teacher

s/THOMAS J. MARCEL, DDS Local Business Owner

s/KATIE CAULK Parent and Education Advocate

s/JOHN SHIRLEY Former Mayor and 50-year Livermore Resident

s/JEAN KING President, Del Valle Fine Arts

Findings

The Livermore Valley Joint Unified School District (the District) which serves the City of Livermore and portions of unincorporated territory in Alameda and Contra Costa Counties, is a recognized leader in providing top quality education to Alameda and Contra Costa County students for many decades. The District has received recognition as one of the top one hundred school districts in the nation and nine of the District's twenty schools have been recognized as California distinguished schools.

The achievements are the result of a long history of dedication to quality education from the Board of Education, from staff members, parents and members of the District communities. The District and its students have benefited from a community that supports its educational institutions by establishing high standards while at the same time providing the financial means required to exceed expectations.

The District is dependent on the State for the majority of its funding. The ongoing State budget crisis threatens the stability of funds available to maintain quality education by attracting and retaining qualified teachers and library staff, implementing smaller class sizes, restoring college and career preparation classes, providing instructors/ equipment for science education, restoring high school counselors, and maintaining art/music programs. In order to provide our students with local funding that cannot be taken away by the State so that we can maintain quality education and avoid further reductions in essential programs it is necessary to seek voter approval of a qualified special tax to provide stable local funding on a temporary basis in order to maintain quality education and avoid further reductions in essential programs pending future resolution of the ongoing State budget crisis.

Terms and Purpose

Upon approval of two thirds of those voting on this Measure, the District will be authorized to levy a qualified special tax of $120 dollars per year on each parcel of taxable real property in the District for no more than five years, commencing on July 1, 2005. This special tax, known as and referred to as the Quality Education Act shall provide funds which shall be used to maintain quality education by attracting and retaining qualified teachers and library staff, implementing smaller class sizes, restoring college and career preparation classes, providing instructors/ equipment for science education, restoring high school counselors, and maintaining art/music programs during the current State budget crisis.

a. Specific Purposes. All of the purposes named in this Measure constitute the specific purposes of the special tax and all proceeds shall be expended only for such purposes.

b. Senior Citizen Exemption. An exemption shall be granted for any parcel owned and occupied as a principal residence by a person 65 years of age or older upon application to the District. This exemption shall be available pursuant to procedures to be prescribed by the Livermore Valley Joint Unified School District Board of Trustees or otherwise as required by law or by the Alameda County and Contra Costa County tax collector. At a minimum, these procedures will provide that once an exemption is granted, the owner of the real property who qualifies for the exemption does not have to apply each year to renew the exemption but rather, must timely notify the District during the five (5) year period the parcel tax is in effect of any change in circumstances which no longer qualifies the owner/real property for the exemption.

c. No Administrator Salaries. Proceeds from the qualified special tax authorized by this measure shall be used only for the purposes described above and shall not be used for Administrator or Management salaries.

Special Tax Levy and Collection

The Quality Education Act tax shall be collected by the Alameda County and Contra Costa 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 tax shall not decrease the funds available from other sources of the District in any period from the effective date hereof.

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 appropriate 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 tax in that year. Parcels owned and occupied by persons 65 years of age or older are eligible for an exemption from the special taxes described above.

Each year the District shall provide the appropriate County tax collection officials of a list of parcels which the District has approved for senior citizen exemption. The County tax collection official'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 this 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 where there are applicable procedures. Taxpayers seeking a refund of special tax paid shall follow procedures set forth in the California Revenue and Taxation Code.

Accountability Requirements

The provisions in this section are specifically included in this measure in order that the voters and taxpayers in the District may be assured that their money will be spent wisely to address the needs of the District and its students as set forth herein, all in compliance with the requirements of Article XIII A Section 4 of the California State Constitution.

Financial Audits

Upon the levy and collection of the special tax the Board shall cause an account to be established for deposit of the special tax proceeds. For so long as any proceeds of the special tax remain unexpended, the Superintendent or Chief Financial Officer of the District shall conduct an annual, independent financial audit of all special tax proceeds which must be filed with the Board of Trustees no later than December 31 of each year. The audit must report the amount of special tax received and expended in such year including a description of any program or activity funded from proceeds of the special tax. The report may be prepared based on a calendar year, fiscal year or any other appropriate annual period and may be incorporated into or filed with the annual budget, audit or any other appropriate routine report to the Board of Trustees.

Performance Audits

The Board shall establish an independent citizens' oversight committee which shall conduct an annual, independent performance audit to ensure that the special taxes have been expended only for the purposes set forth in this measure.

Severability The Board of Trustees 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 Trustees 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 will remain in full force and effect to the fullest extent allowed by law.