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HomeMy WebLinkAboutCC Resolution 13105 (Dixie School District Parcel Tax)RESOLUTION NO. 13105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SUPPORTING RENEWAL AND EXTENSION OF THE DIXIE SCHOOL DISTRICT PARCEL TAX BALLOT MEASURE ALL MAIL ELECTION ON MAY 3, 2011 WHEREAS, On January 20, 2011 the Dixie School District Board of Trustees approved an order for the Marin County Superintendent of Schools to hold an all mail election within the Dixie School District boundaries on May 3, 2011 for the purposes of renewing and extending the District's parcel tax; and WHEREAS, voters in the Dixie School District first approved a parcel tax in 1989 to provide a stable local source of funding to maintain quality local schools; and WHEREAS, the voters in the District boundaries will be asked to renew, extend and replace the qualified special parcel tax approved by the voters on April 13, 2004 for eight years beginning July 1, 2011 in an annual amount of $352 per parcel, with exemptions for seniors; and WHEREAS, this parcel tax, if approved, would preserve excellence in core academic programs in the Dixie School District; and; WHEREAS, the San Rafael City Council recognizes the value of maintaining an excellent educational system for the children of the City of San Rafael and the negative impact of the current State situation on the revenues of Marin County cities, redevelopment agencies, schools and special districts and the value of locally approved funding. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby supports the Dixie School District Parcel Tax which will be placed before the voters on May 3, 2011. BE IT FURTHER RESOLVED that the San Rafael City Council hereby directs staff to notify the Dixie School Board and the County Office of Education regarding this action. I, Esther C. Beirne, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 22nd day of February 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk DIXIE SCHOOL DISTRICT San Rafael, California RESOLUTION NO. 2010/2011-10 PROPOSING RENEWAL AND EXTENSION OF THE DISTRICT'S EXPIRING PARCEL TAX AND ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER WHEREAS, local schools in the Dixie School District (the "District) are among the top in the state, with students excelling in science, math, reading and writing; and WHEREAS all four local schools have been recognized as California Distinguished Schools; and WHEREAS, the State continues to be an unreliable partner when it comes to funding our outstanding local schools and has cut over one million dollars for our local schools in each of the past two years; and WHEREAS, due to inadequate state funding, the District has made cuts wherever possible while preserving quality education, including reductions and freezes to salaries, furloughs for administrators, reductions in textbooks and canceling summer school; and WHEREAS, since 1989 local voters in the Dixie School District have approved and renewed stable local funding to maintain our quality local schools; and WHEREAS, our local funding measure is set to expire and unless that local funding is renewed and increased, then more significant budget cuts will be required in the coming school years, which may include the further reduction of teaching staff, larger class sizes in all grades, the elimination of the grades 3-5 music program, the loss of the 7th period at Miller Creek Middle School (music, art, and drama), and the reduction of nursing and counseling services; and WHEREAS, a thorough and well-developed public education program delivers many long-lasting benefits and advantages to all the residents of our community; and a high quality, community -directed school system favorably impacts property values, which is vital to the overall well-being of the entire community; and WHEREAS, Section 4 of Article XIIIA of the California Constitution and Government Code Sections 50075, 50077, 50079 and 53720 et seq. authorize a school district to levy a parcel tax to raise funds for the purpose of conducting its business upon the approval by two-thirds of the votes cast; and WHEREAS, Section 4000 of the California Elections Code authorizes the District to call a mail ballot election for May 3, 2011; and WHEREAS, the Board of Trustees of the District (the "Board") has conducted a noticed public hearing, as required by law, on the question of whether or not to request the District's ATTACHMENT A voters to authorize funding to continue the programs and for the purposes identified below; and WHEREAS, the Board believes that renewal and extension of the District's expiring parcel tax is necessary to maintain quality education for the students of the District. NOW THEREFORE, THE BOARD OF TRUSTEES OF THE DIXIE SCHOOL DISTRICT HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: Section 1. Recitals. The Board hereby finds and determines that the foregoing recitals are true and correct. Section 2. Order of Election. This Resolution shall stand as the order to the Marin County Superintendent of Schools (the "County Superintendent") to call an all mail election within the boundaries of the District on May 3, 2011, for approval of the measure contained in Exhibit A. The authority for the specifications of this election order is contained in Sections 5304 and 5322 of the California Education Code, Section 50079 of the California Government Code, and section 4000 of the California Elections Code. The Board requests that this election be conducted as a mail ballot election as permitted by California Elections Code section 4000. Section 3. Specifications of Ballot Measure. The purpose of the election shall be for the voters in the District to vote on a ballot measure, a full copy of which is attached hereto and marked Exhibit A and incorporated by reference herein. As required by California Elections Code section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto as Exhibit B. Section 4. Transmittal of Resolution. The Secretary of the Board is hereby authorized and directed to certify to the due adoption of this resolution and to transmit a copy hereof so certified to the County Superintendent and to file a copy hereof so certified with the Marin County Registrar of Voters (the "County Registrar"). . Section 5. County Superintendent. The County Superintendent is hereby requested to deliver this Resolution, which constitutes the order of election, to the County Registrar no later than February 4, 2011. The County Superintendent is hereby requested to prepare a Formal Notice of School Parcel Tax Election (the "Notice") containing the information specified in Section 5361 of the Education Code, in substantially the form attached hereto as Exhibit C, and to publish and/or post the Notice as required by law. The County Superintendent is hereby requested to perform the duties under Education Code Section 5302, to call the election, prepare recommendations, statements, or arguments for the election as required, and to receive petitions, as necessary. Section 6. Election Services. Pursuant to Section 5303 of the Education Code, the County Registrar is hereby requested to take all steps incident to the preparation for and the holding of the election as an all mail election in accordance with law and these specifications. The Board requests that the County Registrar deliver a copy of all published notices to the Secretary of this Board pursuant to Section 12113 of the Elections Code. The Board of Supervisors of Marin County (the "Board of Supervisors") is authorized to canvass the returns of N Section 12. Changes to Resolution or Measure. The District's Superintendent, and his designee, are hereby authorized and directed to make any changes to the text of the measure described in this Resolution, or to the abbreviated form of the measure, or to the text of this Resolution, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of elections officials, and requirements of law. Section 13. Severabilitv. 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 pari of the measure or tax rates be found by a court of competent jurisdiction to be invalid for any reason, all remaining parts of the measure or tax rates shall remain in full force and effect to the fullest extent allowed by law. PASSED AND ADOPTED by the Dixie School District Board of Trustees at its meeting on January 20, 2011, by the following vote: AYES: NOES: 0 ABSENT/NOT VOTING: 0 1 h► Andy Hyman, Presi ent Board of Trustees I, Thomas J. Lohwasscr, Secretary to the Doard of Trustees, do liereby ccirtify that the foregoing is a true and correct copy of the Resolution adopted by the Board of Trustees of the Dixie School District at its meeting of January 20, 2011, which Resolution is on file in the office of this school district. 1-20-2011 Date Thomas Jl ohwasser Secretary to the Board of Trustees the election pursuant to Section 10411 of the Elections Code. The District will reimburse the County of Marin for election services as required by law. Section 7. Collection of Taxes. Subject to two-thirds approval of the voters voting on this measure, the qualified special tax that is the subject of this Resolution shall become effective as of July 1, 2011 and be collected by the Marin County Tax Collector at the same time as and along with, all other taxes and assessments on the County's property tax bills. The qualified special tax shall be subject to the same penalties as general ad valorem taxes collected by said tax collector. The tax and penalty shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. Section 8. Effect on 2004 Parcel Tax Measure. If approved by two-thirds of the voters casting ballots on this measure, the special taxes so authorized will entirely supersede and replace the special taxes authorized by the District's voters with the approval of Measure A in 2004. If this measure is not so approved, then the special taxes approved by Measure A in 2004 shall continue in effect, in accordance with their terms. Section 9. Additional Actions. Tbat the members of the Board, the Superintendent of the District, and officers of the District are hereby authorized and directed, individually and collectively, to do any and all things and to execute, deliver, and perform any and all agreements and documents that they deem necessary or advisable in order to effectuate the purposes of this Resolution, including, without limitation, to prepare and submit for inclusion in the voter information pamphlet an argument in favor of passage of the ballot measure. All actions heretofore taken by the officers and agents of the District that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects. Section 10. Accountability Measures. The members of the Board, the Superintendent of the District, and officers of the District are hereby requested and directed, individually and collectively, to provide accountability measures pursuant to Government Code Section 50075.1 that include, but are not limited to, all of the following: (a) A statement indicating the specific purposes of the qualified special tax, (b) a requirement that the proceeds be applied only to the specific purposes identified pursuant to subsection (a), (c) the creation of an account into which the proceeds shall be deposited, and (d) an annual report pursuant to Section 50075.3 of the Government Code, as provided in Section 12 hereof. In addition, an oversight committee of citizens will be appointed or designated by the Board of Trustees to ensure that the special tax proceeds are spent for their authorized purposes, and to report annually to the Board of Trustees and the public regarding the expenditure of such funds. Section 11. Annual Report. Pursuant to Section 50075.3 of the Government Code, the Board directs that the chief fiscal officer of the District file a report with the Board no later than January 1, 2012 and at least once a year thereafter. The annual report shall contain both of the following: (a) The amount of funds collected and expended, and (b) the status of any project required or authorized to be funded as identified in Exhibit A hereof. 3 EXHIBIT A FULL TEXT OF SPECIAL TAX MEASURE For DIXIE SCHOOL DISTRICT PROTECTION OF QUALITY EDUCATION IN DIXIE SCHOOLS RENEWAL MEASURE INTRODUCTION To preserve excellence in core academic programs, including reading, writing, math, and science; reduce the impact of deep budget cuts with stable locally -controlled funding; minimize teacher layoffs and class size increases; and help keep libraries open, shall the Dixie School District renew and extend its expiring parcel tax for eight years beginning as of July 1, 2011, increase the rate by $107 to a total of $352 per parcel per year, with an exemption for seniors, and independent oversight/audits? Said qualified special parcel tax would renew, extend, and replace the qualified special parcel tax approved by the voters of the District on April 13, 2004. PURPOSE The purpose of this measure is to provide the funding needed to sustain the outstanding quality of local public instruction offered in the District's schools and offset the impact of uncontrollable cuts in State budget funding for the District by generating a temporary source of local revenue that cannot be taken by the State. Funds from this measure will go toward avoiding teacher and staff layoffs, attracting and retaining superior teachers, preventing increased class sizes and reducing class sizes if possible, preventing the elimination of the grades 3-5 music program, the loss of the 7th period at Miller Creek Middle School (music, art, and drama), and the reduction of nursing and counseling services, and maintaining rigorous curriculum and instruction. Sustaining the outstanding quality of local public instruction offered in Dixie schools also helps to protect property values within our community. The District will use the funds generated from the parcel tax renewal, to the greatest extent possible, to maintain the following: o Retaining qualified teachers; o Emphasizing reading, writing and math skills; o Providing instructional materials for science programs; o Keeping school libraries open; o Keeping the grades 3-5 music program; o Keeping the 7th period at Miller Creek Middle School (music, art, and drama); and o Retaining nursing and counseling services. A-1 TAX RATES The special tax shall be increased by $107 and be levied against each assessor's parcel within the District at the rate of $352 per year for eight years, beginning July 1, 2011, For purposes of this measure, an "assessor's parcel" or "parcel" is defined as any unit of land in the District that now receives a separate property tax bill from the County of Marin. The taxes imposed by this measure will apply to all parcels within the District, except that to the extent required by law, property that is otherwise exempt from property taxes will also be exempt from the taxes imposed by this measure. PROCEDURES Subject to two-thirds approval of the voters voting on this measure, the qualified special tax shall become effective as of July 1, 2011 and be collected by the Marin County Tax Collector at the same time as and along with all other taxes and assessments on the County's property tax bills. The qualified special tax shall be subject to the same penalties as general ad valorem taxes collected by said tax collector. The tax and penalty shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. Any tax levied shall become a lien upon the properties against which taxes are assessed and collectible as herein provided. If approved by two-thirds of the voters casting ballots on this measure, the special taxes so authorized will entirely supersede and replace the special taxes authorized by the District's voters with the approval of Measure A in 2004. If this measure is not so approved, then the special taxes approved by Measure A in 2004 shall continue in effect, in accordance with their terms. With respect to matters specific to the levy of the special tax, including the Senior Citizen Exemption allowed below, the decisions of the District shall be final and binding. The procedures described herein, and any additional procedures established by the Board of Trustees, shall be the exclusive claims procedure for claimants seeking an exemption, refund, reduction, or re -computation of the special tax. The District's Board of Trustees may adopt such additional or supplemental procedures as it deems necessary or convenient for the administration of the special tax. EXEMPTIONS An exemption from the special tax shall be granted on any parcel, or a divided or undivided portion of such parcel, in which a beneficial interest is owned by one or more persons aged 65 years or older who occupies said parcel as the person's principal residence, upon application for exemption ("Senior Citizen Exemption"). Applications for such exemptions shall be made to the District on or before July 1, 2011, or before May 1 of any succeeding tax year. Any one approved application from a qualified applicant will provide an exemption for the A-2 parcel for the remaining term of the special tax so long as such applicant continues to qualify for the exemption. The District shall annually provide to the County Treasurer -Tax Collector or other appropriate County tax official a list of parcels that the District has approved for a Senior Citizen Exemption. ACCOUNTABILITY MEASURES In accordance with the requirements of California Government Code sections 50075.1 and 50075.3, the following accountability measures, among others, shall apply to the special taxes levied in accordance with this Measure: (a) the specific purposes of the special tax shall be those purposes identified above; (b) the proceeds of the special tax shall be applied only to those specific purposes identified above; (c) a separate, special account shall be created into which the proceeds of the special taxes must be deposited; and (d) an annual written report shall be made to the Board of Trustees of the District showing (i) the amount of funds collected and expended from the proceeds of the special taxes and (ii) the status of any projects or programs required or authorized to be funded from the proceeds of the special taxes, as identified above. In addition, an oversight committee of citizens will be appointed or designated by the Board of Trustees to ensure that the special tax proceeds are spent for their authorized purposes, and to report annually to the Board of Trustees and the public regarding the expenditure of such funds. PROTECTION OF FUNDING Current law forbids any decrease in State or Federal funding to the District because of the District's adoption of a parcel tax. However, if any such funds are reduced because of the adoption of this parcel tax, then the amount of the special taxes will be reduced annually as necessary in order to restore such State or Federal funding. A-3 EXHIBIT B SPECIAL TAX MEASURE For DIXIE SCHOOL DISTRICT (Abbreviated Form) * "To protect local elementary and middle schools, minimize the impact of state budget cuts, maintain stable local funding the State can't take away, and preserve quality education by: o Retaining qualified teachers; o Emphasizing reading, writing and math skills; o Providing instructional materials for science programs; and o Keeping school libraries open, Shall Dixie School District increase its expiring school parcel tax by $107 per parcel for 8 years, with exemptions for seniors, independent oversight/audits and all funds staying local?" Tax - Yes Tax - No * Limited to 75 words pursuant to California Elections Code section 13247. EX111BIT C FORMAL NOTICE OF SCHOOL PARCEL TAX ELECTION NOTICE IS HEREBY GIVEN to the qualified electors of the Dixie School District of Marin County, California, that in accordance with the provisions of the Education Code of the Slate of California, an election will be held on May 3, 2011 by mail ballot, at which election the following measure shall be submitted to the qualified electors of the District and voted upon: "To protect local elementary and middle schools, minimize the impact of state budget cuts, maintain stable local funding the State can't take away, and preserve quality education by: o Retaining qualified teachers; o Emphasizing reading, writing and math skills; o Providing instructional materials for science programs; and o Keeping school libraries open, Shall Dixie School District increase its expiring school parcel tax by $107 per parcel for 8 years, with exemptions for seniors, independent oversight/audits and all funds staying local?" Tax - Yes Tax - No All of the purposes enumerated in the foregoing measure shall be united and voted upon as one single measure. The County Superintendent of Schools of Marin County, by this Notice of Election, has called the election pursuant to a Resolution of the Board of Trustees of the Dixie School District adopted January 20, 2011, in accordance with the provisions of Education Code Sections 5325 and 5361, and Elections Code Section 4000. IN WITNESS WHEREOF, I have hereunto set my hand this 2-1 day of �toll 2011 —acl Mary Jane jBe County Supenntendent of Schools, Marin County, California C-1 CADocurnents and SettingsMholIjes\I-ocal SettingsUemporary Internet Files\Content.IE5\WD4BJ7U7Vcso—oversight[2].doc