BEFORE THE BOARD OF EDUCATION OF THE BERKELEY UNIFIED SCHOOL DISTRICT
RESOLUTION OF THE BOARD OF EDUCATION OF THE BERKELEY UNIFIED SCHOOL DISTRICT OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, CALLING AN ELECTION FOR APPROVAL OF AN EDUCATION PARCEL TAX, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON MARCH 3, 2020
RESOLVED by the Board of Education (“Board”) of the Berkeley Unified School District (“District”), a school district of the County of Alameda, State of California, that
WHEREAS, maintaining school buildings, classrooms, playgrounds, roofs and electrical systems, and addressing fire and safety hazards are essential to the provision of a high-quality public education program and to the protection of students and staff; and
WHEREAS, on November 2, 2010 the voters of the District approved Measure H and authorized a parcel tax in support of Berkeley Public Schools; and
WHEREAS, renewing the commitment to provide funds to repair and maintain existing facilities will make the best use of taxpayer investments in local schools; and
WHEREAS, every dollar raised by this special tax will be used for benefit of the students of Berkeley pubic schools, and cannot be taken away by the State; and
WHEREAS, California Constitution, Article XIIIA, section 4 and Government Code sections 50075 et seq. authorizes the District, upon approval of two thirds of the electorate, to levy qualified special taxes on property in the District for the purpose of providing quality educational programs in the District and other lawful purposes of the District; and
WHEREAS, in the judgment of this Board, following a public hearing and comment, it is advisable to request that the Alameda County Superintendent of Schools call an election and submit to the voters of the District the question of whether the District shall levy a special tax within the District, for the purpose of raising revenue for the District; and
WHEREAS, pursuant to the Education Code and Elections Code such election may be completely or partially consolidated with any other election held on the same day and in the same territory or territory that is in part the same.
NOW, THEREFORE, IT IS DETERMINED AND ORDERED as follows:
Section 1. Recitals. This Board hereby finds and determines that the foregoing recitals are true and correct.
Section 2. Resolution Constitutes Order of Election. This resolution shall constitute an order of election pursuant to the Education Code to the Alameda County Superintendent of Schools (“County Superintendent”) to call an election within the boundaries of the District on March 3, 2020.
Section 3. Date and Purpose of Measure. Pursuant to the California Constitution and Government Code, an election shall be held within the boundaries of the District on
Tuesday, March 3, 2020, for the purpose of voting on a measure (“Measure”) which will be presented to voters in substantially the form attached hereto as Exhibit A, containing the question of whether the District shall impose a special tax for the educational purposes stated therein. In addition, the full text of the Measure (“Full Ballot Text”) shall appear in the ballot pamphlet in substantially the form attached hereto as Exhibit B.
Section 4. Collection of the Tax. Pursuant to provisions of the Full Ballot Text, beginning July 1, 2020, if adopted by voters, the special tax shall be collected by the Alameda County Treasurer-Tax Collector (“Tax Collector”), at the same time, in the same manner, and subject to the same penalties as ad valorem property taxes collected by the Tax Collector. Unpaid special taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid.
With respect to all matters within their respective jurisdictions, the District, Tax Collector, appropriate County official, or the City of Berkeley shall make all final determinations of tax exemption or relief for any reason, and that decision shall be final and binding. The procedures described the Full Ballot Text, and any additional procedures established by the District shall be the exclusive claims procedure for claimants seeking an exemption, refund, reduction, or re-computation of this Special Tax. Whether any particular claim is to be resolved by the District, City of Berkeley, or County of Alameda shall be determined by the District.
This Resolution shall not affect the collection of the qualified special tax authorized by voters as
“Measure H” in November 2012 unless the Measure is adopted, in which case the qualified special tax authorized by Measure H shall be replaced with this Measure on the date the qualified special tax authorized by this Measure is first levied.
Section 5. Authority for Ordering Election. The authority for ordering the election is contained in the Education Code, Elections Code, Government Code, and California Constitution.
Section 6. Authority for Specifications. The authority for the specification of this election order is contained in the Education Code.
Section 7. Resolution to County Officials. The Secretary to the Board is hereby directed to cause certified copies of this Resolution and order to be delivered not later than December 4, 2019, to the County Superintendent, the Alameda County Registrar of Voters (“Registrar”), and the Clerk of the Board of Supervisors of Alameda County (“Board of Supervisors”).
Section 8. Formal Notice. The County Superintendent is hereby requested to prepare and execute a Formal Notice of Parcel Tax Election and consolidation order in substantially the form attached hereto as Exhibit C (the “Formal Notice”), and to call the election by causing the Formal Notice to be posted in accordance with the applicable law no later than December 4, 2019, or to otherwise cause the notice to be published as permitted by law. The Secretary to the Board, on behalf of and as may be requested by the County Superintendent, is authorized to cause all notices required by law in connection herewith to be published and posted, as the case may be.
Section 9. Conduct of Election.
- Request to Registrar. Pursuant to State law, the Registrar is requested to take all steps to hold the election on March 3, 2020, in accordance with law and these specifications. The election may be consolidated with another election as specified below, if such consolidation is feasible and appropriate.
- Voter Pamphlet. The Registrar is hereby requested to reprint the Full Ballot Text in substantially the form attached hereto as Exhibit B in the voter information pamphlet to be distributed to voters pursuant to the Elections Code. In the event the Full Ballot Text will not be reprinted in the voter information pamphlet in its entirety, the Registrar is hereby requested to print, immediately below the impartial analysis of the Measure, in no less than 10-point boldface type, a legend substantially as follows:
“The above statement is an impartial analysis of Measure . If you desire a copy of the Measure, please call the Alameda County Registrar of Voters at 510-267-8683 and a copy will be mailed at no cost to you.”
- The County Superintendent and the Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections as may be held on the same day in the same territory or in territory that is in part the same.
- Canvass and Declaration of Results. The Board of Supervisors is authorized to canvass the returns of the election and declare the result pursuant to the Elections
- Cost of Election. The District will reimburse the Registrar and the County for costs associated with the election as required by
Section 10. Appropriations Limit. The Board shall provide in each year for an increase in the District’s appropriations limit as shall be necessary to ensure that the proceeds of the special tax may be spent for its authorized purposes.
Section 11. Ballot Arguments. The Board President and/or their designees are hereby authorized to prepare and file with the Registrar any ballot argument prepared in connection with the election, including a rebuttal argument, each within the time established by the Registrar, which shall be considered the official ballot arguments of the Board as sponsor of the Measure and to take all necessary action to prevent inclusion of false and/or misleading information in ballot materials related to the Measure.
Section 12. Official Actions. The District Superintendent, Board President, or their respective designees are hereby authorized to execute any other document and to perform all acts necessary to place the Measure on the ballot, including making alterations to the Measure and Full Ballot Text stated in Exhibits A and B hereto, and to this Resolution to comply with requirements of law and election officials or which are, in the judgment of the Superintendent and/or Board President, or their respective designees, in the best interests of the District.
Section 13. Effective Date. This Resolution shall take effect from and after its adoption.
The foregoing resolution was introduced by Ty Alper, who moved its adoption, seconded by Judy Appel, and adopted on November 20, 2019 by the following vote:
WHEREUPON, the President declared the foregoing resolution adopted, and SO ORDERED.