Item 3 Staff Report Adopt Resolution Supporting Measure E, A Los Gatos Union School District Parcel TaxDATE:
TO:
FROM:
MEETING DATE: 4/7/2008
ITEM NO: 3
COUNCIL AGENDA REPORT
MARCH 18, 2008
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER f)-1--
SUBJECT: ADOPT RESOLUTION SUPPORTING MEASURE E, A LOS GATOS UNION
SCHOOL DISTRICT PARCEL TAX
RECOMMENDATION:
Adopt a resolution supporting Measure E, a Los Gatos Union School District Parcel Tax
(Attachment 1).
BACKGROUND:
In 1990, the first LGUSD parcel tax was approved by district voters. Since then, the parcel tax
was successfully renewed by voters in 1994, 1998, and 2002. On March 4, 2008, the Los Gatos
Union School District (LGUSD) Board of Trustees voted to place a measure on the June 3, 2008
ballot to renew its expiring education parcel tax at the same rate voters approved in 2002.
Measure E, the Local Elementary and Middle School Academic Excellence Measure asks district
voters to consider approving a parcel tax of $290 per parcel for a period of 6 years. Passage of
the measure will require a 2/3 vote by the electorate. The District has requested that the Town
Council consider adopting a resolution supporting Measure E. In 2002, the Council adopted a
resolution supporting the special parcel tax.
DISCUSSION:
According to the District, the purpose of Measure E is to support high academic achievement for
local students by retaining quality teachers, maintaining classroom size reductions, and providing
science, literacy, art, music, and other key academic programs. If approved by voters in June
2008, the proposed parcel tax would replace the special tax approved by voters in 2002 and
require property owners located within the boundaries of the Los Gatos Union School District to
pay an annual tax of $290 per parcel. An exemption would be granted annually on any parcel
PREPARED BY:
AMA
Ad ! rative Programs Manager
N:\MGRUHaruyama\Staff Reports\LGUSD Parcel Tax 08.doc
Reviewed by: Q Assistant Town Manager
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MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION SUPPORTING MEASURE E, A LOS GATOS UNION
SCHOOL DISTRICT PARCEL TAX
March 18, 2008
owned by one or more persons 65 years old or over who occupies the parcel as a principal
residence. Further, exemptions may be granted annually for owners of contiguous, multiple
parcels and for property owners whose properties have been extensively damaged by a natural
disaster.
It is anticipated that the parcel tax will generate approximately $2.6 million annually for the
District. All parcel tax funds would be used for local Los Gatos elementary and middle schools
to improve educational programs. A Budget Advisory Committee comprised of parents,
teachers, and other local residents would review and report on parcel tax spending to ensure the
appropriate use of funds.
FISCAL IMPACT:
If the parcel tax is approved, Los Gatos property owners located within the Los Gatos Union
School District would pay an annual tax of $290 per parcel for approximately 6 years. It is
anticipated that the parcel tax will generate $2.6 million in revenue to improve educational
programs at Los Gatos elementary and middle schools. Voter approval of the parcel tax would
not reduce annual property tax revenues received by the Town. Therefore, adoption of a
resolution supporting Measure E would have no financial impact on the Town. If the parcel tax
is not renewed, the current funding for the District will expire.
Attachment:
Resolution supporting Measure E, a Los Gatos Union School District Parcel Tax
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RESOLUTION NO.
RESOLUTION BY THE TOWN OF LOS GATOS SUPPORTING MEASURE E,
A LOS GATOS UNION SCHOOL DISTRACT PARCEL TAX
WHEREAS, the Los Gatos Union School District ("District") is committed to offering a high -quality
educational programs to all students in the District; and
WHEREAS, California Constitution, Article XIIIA, section 4 and Government Code sections 50075
et seq. authorize school districts, upon approval of 2/3rds of the electorate, to levy qualified special taxes on property
in the District for the purposes of providing quality educational programs in the District and other lawful purposes of
the District; and
WHEREAS, the voters of the District in 1990, 1994, 1998, and 2002 overwhelmingly approved,
supported, and continued the levy of a special tax for these purposes; and
WHEREAS, On March 4, 2008, the District Board of Trustees voted to place a measure on the June
3, 2008 ballot to renew its expiring education parcel tax, and
WHEREAS, the proposed measure, Measure E — the Local Elementary and Middle School Academic
Excellence Measure as reflected in Exhibit A, will ask district voters to consider approving a parcel tax of $290 per
parcel for a period of 6 years; and
WHEREAS, if approved, funds from Measure E would be used b retain teachers, maintain
classroom size, and provide key academic programs.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of Los Gatos does hereby
support Measure E, a Los Gatos Union School District Parcel Tax.
PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los Gatos,
California, held on the day of , 2008 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOROF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTACHMENT 1
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FULL BALLOT TEXT
The full text of the ballot measure shall read as follows:
Local Elementary and Middle School Academic Excellence Measure. To support high
academic achievement for local students by retaining quality teachers, keeping small class sizes,
and maintaining science, literacy, art, music and other programs, shall the Los Gatos Union
School District be authorized to renew its expiring parcel tax of $290 per year per parcel, for six
years, without increase, with an exemption available for senior citizens and disabled persons,
with citizen oversight, and every dollar staying in Los Gatos schools?
The purpose of the measure is to fund the following specific types of programs and services:
a) Retaining skilled and qualified teachers;
b) Maintaining up-to-date science programs;
c) Keeping class sizes as small as possible;
d) Continuing literacy programs;
e) Maintaining art and music programs;
f) Maintaining library staff and services;
g) Providing counseling and other student health and safety programs;
h) Maintaining safe and adequate schools grounds and facilities.
Basis of Tax.
The parcel tax shall be $290 per Parcel of Taxable Real Property beginning in July 1,
2008 and continuing for a period of six years. The District shall provide the Santa Clara County
Tax Collector a report indicating the parcel number and amount of tax for each Parcel of Taxable
Real Property.
"Parcel of Taxable Real Property" is defined as any unit of real property in the District
that receives a separate tax bill for ad valorem property taxes from the County Treasurer -Tax
Collector's Office. All property that is otherwise exempt from or upon which no ad valorem
property taxes are levied in any year shall also be exempt from the special tax in such year.
Any parcels that are contiguous to each other, used solely for one owner -occupied single-
family residence, and held under identical ownership shall, upon approval of an application from
the owners thereof submitted to the District, be treated as a single Parcel of Taxable Real
Property for purposes of the special tax. Applications for such treatment shall be made or
confirmed to the District annually on or before June 15, 2008 or June 15 of any succeeding tax
year.
EXHIBIT A
Pursuant to the California Government Code Section 50079 (b), any owners of a parcel
who are either receiving Supplemental Security Income for a disability, regardless of age, or
who are 65 years of age or older, used solely for owner -occupied, single-family residential
purposes may obtain an exemption from the education parcel tax by annually submitting an
application by June 15 of each year or confirming a continuing exemption to the Board of
Trustees of the Los Gatos Union School District in accordance with rules and regulations
adopted by the Board.
Claim / Exemption Procedures
With respect to all general property tax matters within its jurisdiction, the Santa Clara
County Tax Assessor 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 the Senior Citizen Exemption
and the SSI Exemption determination, 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.
Appropriations Limit
Pursuant to California Constitution article XIIIB and applicable laws, the appropriations
limit for the District will be adjusted periodically by the aggregate sum collected by levy of this
special tax.
Accountability Measures
The proceeds of the special tax shall be applied only to the specific purposes identified
above. The proceeds of the special tax shall be deposited into a fund, which shall be kept
separate and apart from other funds of the District. No later than January 1 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.
In addition, an advisory committee of citizens shall 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.
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.
RESOLUTION 2008-026
RESOLUTION BY THE TOWN OF LOS GATOS SUPPORTING MEASURE E,
A LOS GATOS UNION SCHOOL DISTRICT PARCEL TAX
WHEREAS, the Los Gatos Union School District ("District") is committed to offering a
high -quality educational programs to all students in the District; and
WHEREAS, California Constitution, Article XIIIA, section 4 and Government Code
sections 50075 et seq. authorize school districts, upon approval of 2/3rds of the electorate, to levy qualified
special taxes on property in the District for the purposes of providing quality educational programs in the
District and other lawful purposes of the District; and
WHEREAS, the voters of the District in 1990, 1994, 1998, and 2002 overwhelmingly
approved, supported, and continued the levy of a special tax for these purposes; and
WHEREAS, On March 4, 2008, the District Board of Trustees voted to place a measure on
the June 3, 2008 ballot to renew its expiring education parcel tax; and
WHEREAS, the proposed measure, Measure E — the Local Elementary and Middle School
Academic Excellence Measure as reflected in Exhibit A, will ask district voters to consider approving a
parcel tax of $290 per parcel for a period of 6 years; and
WHEREAS, if approved, funds from Measure E would be used to retain teachers, maintain
classroom size, and provide key academic programs.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of Los Gatos does
hereby support Measure E, a Los Gatos Union School District Parcel Tax.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 7th day of April, 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
ABSTAIN:
SIGNED: /s/ Mayor Barbara Spector
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: /s/ Jackie D. Rose
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLOSED SESSION REPORT
Orry Korb, Town Attorney stated that there was no Closed Session report.
TOWN COUNCIL
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Council minutes of March 22, 2008 Council Retreat.
2. Accept staff recommendations on County Referrals
a. Projects Outside Urban Service Area: None
b. Projects Inside Urban Service Area: 17230 Deer Park Road
c. Status of Previous Applications: None
3. Adopt resolution supporting Measure E, a Los Gatos Union School
District Parcel Tax RESOLUTION 2008-026
4. Consider allocation of Community Grant Funds for Fiscal Year
2008/09, including:
a. Approve the Community and Arts General Fund Grant allocations for
inclusion in the 2008/09 Operating Budget.
b. Adopt a resolution allocating FY 2008/09 Community Development
Block Grant (CDBG) Funds; and RESOLUTION 2008-027
c. Refer review of requests for community grant increases to the Fiscal
Year 2008/09 operating budget process.
5. Adopt resolution authorizing the Town Manager to execute an
agreement with CPO Ltd to provide lease and maintenance services
for copiers and printers within the Town of Los Gatos
RESOLUTION 2008-028
6. Landscape and Lighting Assessment Districts No. 1 & 2. Adopt
resolution describing improvements and directing preparation of
Engineer's Report for Fiscal Year 2008-09. RESOLUTION 2008-029
TOWN COUNCIL/REDEVELOPMENT AGENCY
7. Approve Council/Agency minutes of March 17, 2008.
8. Increase a previous commitment to loan $777,700 of Redevelopment
Agency Low and Moderate Income Housing Fund monies to $832,700
for Senior Housing Solutions to acquire and rehabilitate a home to
provide five units of very low-income senior housing, modify the
terms of the loan, and direct staff to negotiate the loan documents.
Mr. Davis pulled Consent Items #2 and #7.
Mayor Barbara Spector stated that the pulled Consent Items would be heard
following Other Business.
MOTION:
Motion by Council Member Joe Pirzynski to approve
Consent Items #1, #3-6, and #8.
Seconded by Council Member Steve Glickman.
Council Member Diane McNutt recused herself from Consent Item #8 due to
her business association with Senior Housing Solutions.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Mr. Viale
• Commented about the narrowness of the street and limited parking on
Alpine Avenue.
• Requested that the Town incorporate Alpine Avenue into the Residential
Parking program.
Ms. Nerney
• Expressed concerns about increased traffic and parking from the newly
remodeled salon at Main Street and Alpine Avenue.
• Questioned if the 2 hour parking limit for the public parking lot at Alpine
Avenue and Main Street is being enforced.
• Commented that the narrow street presents a hazard with the high traffic
from the business.
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