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Santa Clara County, CA May 4, 2010 Election
Measure B
Parcel Tax
Fremont Union High School District

2/3 Approval Required
Official Final Results

Pass: 28613 / 72.5% Yes votes ...... 10874 / 27.5% No votes

See Also: Index of all Measures

Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

To provide, stable, local funds needed to protect teaching positions, and assure the Cupertino, Fremont, Homestead, Lynbrook, and Monta Vista High School students are prepared to successfully compete for college admission, shall the Fremont Union High School District renew its existing, expiring parcel tax with a tax at the same annual rate of $98 per parcel for six years commencing July 1, 2010, with all funds benefiting local high schools, and offering an exemption to seniors and the disabled?

YES
NO

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote is a vote to cancel the $98 special tax on parcels within the District and replace it with a new special tax for a six-year period of time.

A NO vote on this measure means:
A "no" vote is a vote not to cancel and replace this qualified special tax.

Impartial Analysis from the Acting County Counsel
A school district, following notice and a public hearing, has authority to levy special taxes upon approval by two-thirds of the votes cast on the special tax proposal pursuant to section 4 of Article XIIIA of the California Constitution and sections 50075-50077, 50079, and 53722 of the California Government Code.

The Board of Trustees of the Fremont Union High School District (Board) proposes levying a qualified special tax on each parcel within the district. The owners of each parcel of taxable real property in the district would annually pay $98 per parcel for a period of 6 years, commencing July 1, 2010. If Measure B is approved, the parcel tax authorized by this measure would cancel and replace the existing $98 per parcel tax approved by voters in 2004 as Measure L, not due to expire until 2011. If Measure B is not approved, the $98 per parcel tax authorized under Measure L will continue in effect until it expires by its own terms on June 30, 2011.

The purpose of the tax proposed by Measure B is to: protect teaching positions; avoid increased class sizes; assure that the district's high school students are prepared to successfully compete for college and university admission; and provide for other financial support to the extent of available funds to maintain and support the District's academic programs, including the purchase of instructional equipment, material and supplies.

Any parcels owned and occupied by persons age 65 or older, or those receiving Supplemental Security Income, regardless of age, are eligible for exemption from this parcel tax. In order to receive this exemption, these owners or persons must submit an annual application for the exemption to the District in accordance with procedures prescribed by the Board, or as otherwise required by law or by the Tax Collector.

The proceeds of the special tax would be deposited into a separate fund. These proceeds can only be used for the purposes identified above and an annual written report shall be made to the Board showing the amount of funds collected and expended from the proceeds of this tax, as well as the status of any projects, programs or purposes authorized to be funded by the school district. This report will be filed no later than December 31st of each year. If the special tax is approved, the Board is required to appoint an Independent Citizens' Oversight Committee to ensure the tax funds are spent wisely and used for the specific purposes approved by the voters.

If the special tax is approved, the district's appropriations limit would be increased by an amount equal to the special tax collected for each year the special tax is authorized.

A "yes" vote is a vote to cancel the $98 special tax on parcels within the District and replace it with a new special tax for a six-year period of time.

A "no" vote is a vote not to cancel and replace this qualified special tax.

Miguel Marquez
Acting County Counsel
By: /s/ Susan Swain
Senior Lead Deputy County Counsel

  Official Information

All Mail-in Ballot Election

  • This is an ALL MAIL IN BALLOT election. If you prefer you may vote in person at the office of the Registrar of Voters, 1555 Berger Dr., San Jose from April 5 to May 3 (M-F, 8-5) and on May 4 from 7am to 8pm

    You may mail in your ballot or drop it off at various locations

Fremont Union High School District webpage

Full text of Measure B
Proponents

School District Q & A
Opponents

No opposing webpages are known at this time
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Arguments For Measure B Arguments Against Measure B
Measure B will renew the Fremont Union High School District's existing $98 parcel tax for 6 years without increasing the cost or changing the structure of the proposal voters approved in 2004.

This local tax provides over 5% of the District's annual budget - dollars essential to funding an educational program that prepares the youth of our community for success as adults. It will expire next year. We ask you to join us in voting Yes for Measure B.

The Fremont Union High School District uses tax dollars efficiently and effectively. It is California's third highest performing high school district while per student spending is below the statewide average for high schools. Through careful fiscal management, strong partnerships with its teachers and staff, and the existing parcel tax, the Fremont Union High School District has maintained superior math, science, English and foreign language courses and music and art electives for its students.

Last year, the district asked voters to consider changing the structure of the parcel tax to make it a permanent local funding source that would increase as the cost of funding the academic programs it supports increased. Voters rejected those changes and the District has listened to the concerns voiced about those changes. Measure B asks only for the renewal of the existing $98 parcel tax - without inflation adjustments and for a fixed term of 6 years.

The Fremont Union High School District's students, teachers and Board of Education have demonstrated their commitment to excellence and their ability to achieve it. They have demonstrated their fiscal efficiency and responsibility. They have demonstrated their commitment to working with and listening to the community. By doing so, they have earned our support.

The Fremont Union High School District is one of our community's great successes and we ask you to join us in continuing to support that success.

Please join us in voting YES for Measure B!

/s/ Richard Lowenthal
CEO of Coulomb Technologies

/s/ Dolores ("Dolly") Sandoval
Former Mayor of Cupertino and H.S. Math Teacher

/s/ Robert L. White
37 Year Fremont Union H.S. District Resident and Taxpayer

/s/ Manuela Rodriguez
Fremont High School Class of '44

/s/ Wan-Ning ("James") Song
17 Year Resident of San Jose

Rebuttal to Arguments For
Declining Latino API, declining SAT scores at Fremont High; students asking for AP, and honors classes directed to ROP courses, paid by the county, or Community College classes, paid by parents. High schools with far lower APIs have many more AP test takers than FUHSD schools. Do FUHSD's administrators deserve the highest salaries in the Bay Area?

FUHSD's Superintendent's 2009 $271,000 salary is more than Sacramento's, San Francisco's, and virtually the same as San Diego's and LA's.

Cut FUHSD administrator salaries by the $5,000,000 this parcel tax would generate and FUHSD would still pay more to administrators (per student) than Cupertino Union.

Admitting their previous ever-increasing, never-ending tax failed, FUHSD tries stealth, paying much more for a mail-in ballot than the June Primary would cost, hoping only targeted parents will vote.

Stop the "No Bureaucrat Left Behind" policy - money for kids not bureaucrats.

See http://sites.google.com/site/BetterFremontUnion

/s/ Michael Goldman
Concerned Parent

A parcel tax for better education is usually a no-brainer since education is key to a civilized, prosperous society. But this parcel tax is for a school district which puts money for instruction last, money for administrators first. For the last 8 years FUHSD has had the highest class size in Santa Clara County. Of the 27 largest districts in the county, FUHSD has above average revenue, but the second highest percentage of revenue allocated to administration, one of the smallest percentages of revenue allocated to instruction, the highest paid superintendent in the county ($271K), and for 8 years the worst student-teacher ratio. This measure would bring in $5 Million, about 5% of their approximately $100 million revenue, yet they turned down $730K in Title I and stimulus money for Fremont High School this year.

This is not an "anti-any-tax" position. A district like Cupertino Union with far below average revenue and a high percentage going to instruction instead of administration can make a good argument for a parcel tax.

If paying FUHSD administrators were the cause of high test scores in some of their high schools, why has that magic not worked for Fremont High School? If you think money for instruction is more important than money for administration, then you can vote against this measure and send a message to the school board to get their priorities straight.

The existing $98 parcel tax continues until July, 2011 so there is time for the district's board to reset its priorities for kids first instead of administrators before worrying about cuts.

See: http://www.sccsuperiorcourt.org/jury/GJreports/2009/EducationDollars.pdf , and http://www2.ed.gov/about/overview/budget/titlei/fy09/california.pdf

/s/ Michael S. Goldman
Concerned Parent

Rebuttal to Arguments Against
The real facts about Measure B are clear.

Jim Griffith: It is clear to me as a mathematician and public servant that the numbers used by Measure B's lone opponent just don't measure up. The only real issue is whether you agree that we as a community have a responsibility to step up and support our local schools when the State fails to adequately fund them. Everything else is noise.

Timothy Wong: At Fremont High School I got a great education and had support and leadership opportunities that prepared me for success at Stanford. We must ensure that future students have the same high quality experiences.

Jim Walker: My wife Linda and I believe local property values are directly related to the quality of the Fremont Union High School District and its feeder schools. Measure B is critical to maintaining this high standard.

Joe Kelly: I have studied the District finances in detail and Measure B's opponent is wrong. Our administrators do not benefit at the expense of teachers. As a long time teacher in this District, I take great pride in the strong, supportive relationships we have among teachers, administrators and staff. If Measure B fails, everyone will suffer.

Myoung Kang: Measure B dollars will be used as they have been for the last five years: to attract and retain the best teachers anywhere and allow our District to continue its high level of academic performance.

Individually, we have very strong opinions. Together we speak as one: Vote Yes on Measure B.

/s/ Jim Griffith
Sunnyvale City Council Member

/s/ Timothy Wong
Fremont High School Class of 2007, Stanford University, Class of 2011

/s/ James S. Walker
Retired Vice President of Cortana Corporation and Community Leader

/s/ Joe Kelly
Fremont High School Teacher and FEA President

/s/ Myoung Kang
Cupertino High School PTSA President

Full Text of Measure B
This Proposition may be known and referred to as the "Fremont Union High School District Keep Our High Schools Excellent Act of 2010" or as "Measure B".

FINDINGS

All five high schools that comprise the Fremont Union High School District-Cupertino, Fremont, Homestead, Lynbrook, and Monta Vista High Schools--exceed State standards for student achievement and have been recognized as California Distinguished Schools, sending 90% of its enrolled students to college.

Perpetual California State budget problems threaten the District's many successful educational programs with an increasingly uncertain fiscal future.

The current Measure L parcel tax will expire in 2011 if not re-approved, leaving critical educational programs at risk after next school year.

Continuation of the existing parcel tax for local high schools will help preserve funding to protect excellent teaching, avoid increased class sizes, and maintain academic programs.

By replacing and re-enacting the District's current parcel tax, local voters can ensure that our schools will receive a stable, reliable, local source of funding.

TERMS AND PURPOSES

Upon approval of two-thirds of those voting on this Proposition, the District shall be authorized to levy a qualified special tax (education parcel tax) in the maximum annual amount equal to the current Measure L rate of $98 per parcel of taxable real property in the District, for six years commencing July 1, 2010.

The education parcel tax authorized by this Act shall cancel and renew the existing Measure L education parcel tax approved by the voters of the District on November 2, 2004, which expires by its own terms on June 30, 2011. In the event that this Proposition is not approved by the requisite vote, the existing Measure L tax shall continue in effect until its scheduled expiration. Under no circumstances shall both taxes be collected for the same year.

Moneys raised under this Keep Our High Schools Excellent Act of 2010 shall be authorized to be used only to provide financial support to local school programs in accordance with priorities established by the Board of Trustees and to the extent of available funds, including to:

1. to protect teaching positions

2. to avoid increased class sizes

3. to assure that the District's high school students are prepared to successfully compete for college and university admission and to provide other financial support to the extent of available funds to maintain and support the District's academic programs, including the purchase of instructional equipment, materials and supplies.

EXEMPTIONS - SENIOR CITIZENS; RECIPIENTS OF SUPPLEMENTAL SECURITY INCOME

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 education parcel tax. Persons receiving Supplemental Security Income for a disability, regardless of age, shall also be exempt.

Either exemption shall be available each year upon proper application to the District pursuant to procedures prescribed by the Board of Trustees or otherwise as required by law or by the Santa Clara County Tax Collector.

ACCOUNTABILITY PROVISIONS

Independent Citizens' Oversight Committee. The Board of Trustees shall establish an independent Citizens' Oversight Committee (which may be the existing Measure L oversight committee) to ensure that moneys raised under this Keep Our High Schools Excellent Act of 2010 are spent wisely and only for the purposes named in this Proposition. The Board of Trustees shall provide by resolution for the composition, duties, funding and other necessary information regarding the Committee's formation and operation.

Independent Annual Audit. Upon the levy and collection of the education parcel tax, the Board of Trustees shall cause an account to be established for deposit of the proceeds, pursuant to Government Code Section 50075.1. For so long as any proceeds remain unexpended, the Superintendent of the District shall cause an independent financial auditor to prepare a report to be filed with the Board of Trustees no later than December 31 of each year, commencing December 31, 2010, 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 Trustees.

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

LEVY AND COLLECTION

The education parcel tax shall be collected by the Santa Clara County 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 Tax Collector. Unpaid taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid.

"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 Santa Clara County Tax Collector. "Parcel of taxable real property" shall exclude all parcels which are otherwise exempt from or on which are levied no ad valorem property taxes in any year, and all parcels which have qualified for either the Senior Citizen Exemption or the Supplemental Security Recipient Exemption provided by this Proposition in any year.

The District shall annually provide a list of parcels to the Santa Clara County Tax Collector which the District has approved for an exemption in accordance with this Proposition. Eligibility for either exemption shall be determined solely by the District, and any taxpayer wishing to challenge the District's determination, or claim a refund or reimbursement of taxes paid while eligible for an exemption, shall apply directly to the District.

The Santa Clara County Assessor's determination of exemption or relief for any reason of any parcel from taxation, other than through the Senior Citizen Exemption or the Supplemental Security Recipient Exemption, shall be final and binding for the purposes of the education parcel tax. Taxpayers wishing to challenge the County Assessor's determination must do so under the procedures for correcting a misclassification of property pursuant to Part 9 of Division 1 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.

SEVERABILITY

The Board of Trustees 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 Trustees 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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Created: June 4, 2010 10:18 PDT
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