Pass: 4,140 / 68.5% Yes votes ...... 1,901 / 31.5% 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 two thirds of the votes cast on the special tax proposal pursuant to Section 4 of Article XIIIA and Section 2 of Article XIIIC of the California Constitution and sections 50075- 77, 50079, and 53722 et seq. of the California Government Code.

If approved, these tax funds could only be used by the District for the purposes set forth in the measure, which include the retention and hiring of staff with competitive compensation, the maintenance of class size reductions and of student support services such as librarians and mental health counseling, and for support for extra-curricular activities.

This will be a qualified special tax pursuant to Government Code section 50079 in that an exemption from the tax will be made to property owners 65 years of age or older upon annual application to the District. In addition, there will be exemptions for low-income homeowners and renters as described in the measure. The tax will be collected by the Alameda County Treasurer-Tax collector 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

The above statement is an impartial analysis of Measure A, which measure is printed in full in this sample ballot pamphlet. If you desire an additional copy of this measure, please call the Alameda County Registrar of Voters at 510-272-6933 and a copy will be mailed at no cost to you.

School District Web Site

Oakland Tribune

• Albany voters will decide school tax $250 assessment per parcel would bring district about $2 million a year - October 25, 2005

• The parcel tax will provide over $600 per student every year, enough to fund librarians, counselors, new classes and competitive salaries to retain the best teachers.
• This new revenue will help maintain the quality and reputation of our schools for our current students, and will attract the community-oriented families that make Albany special.
• As much as a new roof or a fresh coat of paint, preserving the quality of Albany schools will help enhance residential and commercial property values.

The School Board, in conjunction with the District's excellent management team, has worked hard to increase revenue, cut costs, and budget carefully. The extra income from this parcel tax will be spent wisely.

As Albany parents, teachers and homeowners, we urge you to vote in favor of this measure. Albany's schools deserve your support, but most of all, Albany's children deserve your support.
s/MICHAEL BARNES
School Board President
s/MARJORIE ATKINSON
High School Teacher, Albany Resident
s/VICTORIA SEARS
Elementary Teacher, Parent, Home Owner
s/ROBIN WOODLAND
Parent and Activist
s/STEVEN H. TERUSAKI
Parent and Budget Advisory Committee Member

Listen to the words of Albany School Board member Miriam Walden on June 23, 2005:
"Parcel taxes are very regressive -- they disproportionately impact low income families at a time when these families already use a very large part of their income for housing."
And, remember this. The Albany Unified School District has a reserve of approximately $900,000.
The Governor and Legislature have stolen monies from 1988's Proposition 98 education agreement -- $500,000 stolen from this District's budget next year! Hey, up there! Give it back!
Albany, get focused. Get it right! Parcel taxes in 1987 . .. 1993 . . . 1999. Another parcel tax in 2005?
A basic cause for today's problems can be found in that clever legislative and unfunded scheme . . . Leave No Child Behind. This mandate has resulted in military, religious, and fraudulent science teachings beyond anyone's wildest imagination.
"Teaching to the test" has become today's mantra. It's a flawed standard of education. Its consequence is the dumbing down of our youth.
Funding for "teaching to the test" is no way to educate a productive and responsible citizenry. It fails in the development of positive analytical skills.
Measure A is no answer to the problem. Naive taxpayers are being pick-pocketed again. This November 8 Special Election Parcel Tax pleading deserves much more thought and transparency.
Vote NO on Measure A.
s/LEON RIMOV
Architect, Albany resident, native Californian

Given this history, it is clear that we cannot trust the District to spend the taxpayers' money as they promised. Now, residents are being asked to raise taxes yet again, this time more than ever before. But read the fine print of this measure; it doesn't stop at $250 per residential unit and $.05 per square foot for non-residential property. The tax rate will increase annually for the next seven years! Sunset provisions are always promised, but never delivered.

Remember Measure B from 1998, which was supposed to sunset in 2003, but is now extended indefinitely? Don't let the "exemptions" for low-income families and senior citizens fool you. Anyone wishing to qualify for the exemption must petition the Superintendent every year. How many senior citizens and low income families are going to bother struggling through all that red tape? Taxpayers are already funding a bond measure and two other parcel taxes. The community generously donates more than $600,000 a year voluntarily to school foundations, booster clubs and PTA's. The District already has enough money to operate efficiently, and shouldn't be asking us for more.

We should not give them more of our tax dollars when they clearly do not know how to manage the funds they already have.
s/CURT CORNELL
Chair, Libertarian Party of Alameda County
s/RALPH A. HOFFMANN
P.E.(TX), Senior Citizen Representative, San Ramon Valley Unified School District Citizens' Oversight Committee

The parcel taxes previously approved by Albany voters, together with generous community contributions, allow Albany to maintain our award-winning arts, science and sports programs. But we still don't have adequate library and counseling support for students.

Now, new State and Federal mandates require us to spend more, but no new revenue is provided. Without new money, program cuts for Albany schools will begin in 2006. Measure A allows Albany schools to IMPROVE programs and services -- instead of CUTTING them.

Measure A opponents are mistaken about exemptions to the new tax and the sunset provisions. Seniors who are already exempt from the 1999 parcel tax will be automatically exempt from the new tax. Seniors need only apply once to receive a permanent exemption. Measure A provides for modest increases to keep pace with inflation, and will automatically sunset in seven years.

Measure A is the best way for Albany residents to come together to protect and improve our schools. Please join us in voting YES.
For more information, please visit http://www.yes4albanyschools.org or call 510-526-8577.
s/MICHAEL BARNES
President, Albany Unified School District Board of Education
s/STEVEN H. TERUSAKI
s/MARJORIE ATKINSON
High School Teacher, Albany Resident
s/ROBIN WOODLAND
Parent and Activist
s/VICTORIA SEARS
Elementary School Teacher and Albany Resident

To provide local revenue that cannot be taken by the State and maintain the high quality of Albany's public education, shall the Albany Unified School District be authorized to levy an additional special tax at the annual rate of $250.00 for each residential unit, and $.05 per square foot of each non-residential parcel, exempting low income homeowners and renters and property owners 65 and over, the proceeds of which would go to maintain curriculum and instructional supports and retain qualified staff?

PURPOSE
The Albany School District proposes to levy an additional special tax, at the annual rate of $250.00 for each residential unit, and $.05 per square foot of each non-residential parcel, or $250.00, whichever is greater, and annually increase the tax by no more than the inflation rate, with an exemption for low income homeowners and renters and property owners age 65 or over, the proceeds of which shall be used to:
a) Attract and retain highly qualified staff with competitive compensation, including preservation of healthcare and retirement benefits;
b) Maintain and improve student support services: restore one full time librarian at each elementary school, Albany Middle School and Albany High School, enhance mental health counseling services in all middle and high school grades, and support English Language Learners.
c) Maintain campus supervision for student and adult safety;
d) Maintain class-size reduction programs, provided state funding support remains in place;
e) Maintain class sizes smaller than state average in grades 4-12; and
f) Enhance support for extra-curricular activities.

The special tax would be in effect beginning July 1, 2006 for a period of seven years, at the rates shown below on each assessor's parcel located wholly or partly within the School District.

PROCEDURES
Prior to allocating the special tax in any given year, the Board will conduct a public hearing to discuss the uses and amount of the special tax for that year. Notice of the time, date, and place of hearing shall be published pursuant to Government Code Section 6061 at least once in a newspaper of general circulation in the District, at least fifteen (15) days prior to the hearing. Following said hearing each year, the Board shall adopt a resolution establishing the specific uses of the special tax in that year (provided that the Board of Education may not fund any program or reduction other than those listed above from the proceeds of the special taxes), the amount of tax to be raised for that year, and the rate per parcel, not to exceed the amounts enumerated below, including a maximum annual increase of five percent. Any tax levied shall become a lien upon the properties against which taxes are assessed and collectible as herein provided.

RATES
The special tax shall be assessed as follows:
(a) On residential real property at a rate of $250.00 for each residential unit per year; a residential unit is a room or suite of two or more habitable rooms which are occupied or which are intended or designed to be occupied by not more than one family with facilities for living, sleeping, cooking and eating, and having only one kitchen.
(b) On non-residential real property at a rate of $.05 per square foot of each non-residential parcel per year or $250.00 for each non-residential parcel per year, whichever is greater.
(c) The rates as set forth above shall be increased annually by an amount not to exceed the inflation rate as indicated by the consumer price index for all urban consumers for the San Francisco-Oakland-San Jose area for April of each year, as published by the Bureau of Labor Statistics.
(d) Residential real property shall include all real property, lawfully used for dwelling purposes.
(e) Non-residential real property shall include all real property, improved or unimproved, not used for dwelling purposes.
(f) If a parcel consists of both residential and non-residential real property, the residential portion shall be liable for the special tax at the rate set forth under subdivision (a) and the non-residential portion at the rate set forth under subdivision (b) of this section.
(g) Real property otherwise exempted from tax under the constitution of the State of California shall also be exempted from any liability for the special tax imposed by this measure.
(h) Exemptions:
The tax imposed by this section shall be subject to the exemptions set forth in this section.

a. Low-Income Homeowner Exemption. Exempt from this tax are owners of single-family residential units to which they reside whose combined family income, from all sources for the previous calendar year, is at or below the income level qualifying as "very low-income" for a family of such size under Section 8 of the United States Housing Act of 1937 [43 U.S.C.A. Sections 1437 et seq.], for such year. The application process will be in the form of self certification under penalty of perjury. Owners must apply for the exemption provided for in this section annually by petition to the Superintendent of the Albany Unified School District in a manner and at the time set forth by the Superintendent. Such petitions shall be on forms provided by the Superintendent may require. If the Superintendent determines the need to audit an application, the Superintendent may require additional information, including, but not limited to, federal income tax returns and W-2 forms of owner occupants eligible for this exemption.
b. Low-Income Renter Rebate. Renters who reside in a taxed rental unit within the boundaries of the Albany Unified School District whose combined family income, from all sources for the previous calendar year, is at or below the income level qualifying as "very low-income" for a family of such size under Section 8 of the United States Housing Act of 1937 [43 U.S.C.A. Sections 1437 et seq.], for such year may apply for a rebate of the special tax imposed by this section that applies to the taxed rental unit in which they reside. The application process will be in the form of self-certification under penalty of perjury. Renters must apply for the rebate provided for in this section annually by petition to the Superintendent of the Albany Unified School District in a manner and at the time set forth by the Superintendent. Such petitions shall be on forms provided by the Superintendent may require. If the Superintendent determines the need to audit an application, the Superintendent may require additional information, including, but not limited to, federal income tax returns and W-2 forms of renter-occupants eligible for this exemption. Only one such rebate shall be allowed annually to a rental unit.
c. An exemption from tax shall be made available to each property owner who will attain age 65 prior to July 1 of the tax year, who owns a beneficial interest in the parcel, who uses the parcel as his or her principal place of residence, and who applies to the District pursuant to procedures set forth in Board policy. Any one application from a qualified applicant will provide an exemption for the parcel for the remaining term of the tax so long as such applicant continues to use the parcel as his or her principal residence. Property owners who have already established their eligibility for exemption to other Albany Unified School District special taxes shall be made exempt from this additional tax without application.

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 Education 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.

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.

SEVERABILITY
If any section, sub-section, phrase, or clause of this Measure is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this measure. The Board declares that it would have adopted this measure and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, sub-sections, sentences, phrases, or clauses be declared.