0

Tentative ruling in Alameda school parcel tax lawsuit

An Alameda County judge has issued a tentative ruling today in Borikas v. Alameda Unified School District, the suit filed last fall against Measure H.

Measure H is the parcel tax that passed last June with the support of more than two-thirds of Alameda voters. The tentative ruling in Borikas is good news for the school district, with the judge tentatively finding that Measure H applies uniformly and therefore does not violate Cal. Government Code section 50079, which requires that school parcel taxes apply uniformly to all taxpayers or all real property within the school district. The court will hear argument on the tentative ruling on Tuesday, March 17.

More info about the lawsuits against Measure H here and here.

0

Alameda’s John Beery involved in another lawsuit

Local property owner John Beery (who is suing the Alameda Unified School District over Measure H, the school parcel tax passed last June) is in the news with another lawsuit. This one against the City of Alameda over a lease dispute on a west end property. Michele Ellson of The Island has a report.

0

Rob Siltanen: “Defend Measure H”

Blogger/government teacher/Alameda parent Rob Siltanen has a post up today at School 94501/94502 detailing 1. the nasty state of California’s budget and 2. the importance of Measure H funds to the Alameda Unified District’s budget. Highlights:

…AUSD has very little control over its revenues. The overwhelming majority of AUSD revenues come from the state. So when the state economy is in a recession and the state budget is in free fall — as happened for 08-09 and as will happen again for the 09-10 budget cycle — AUSD’s revenues will drop precipitously. Even though “the district” and “the Board” have the responsibility of dealing with the resulting budget crisis, the situation is not of their making.

Furthermore, unlike a business that can balance its books by closing divisions and operations, AUSD may not cut costs by, for example, shutting down its highly unprofitable “special ed division” or suspending any of its other services for high needs (and therefore more expensive) students. AUSD must educate all students wishing to enroll in public schools in Alameda.

He goes on to detail the current state budget crisis and its impact locally:

The state budget is in such dire straights that the Governor has called a Special Session of the legislature to enact additional budget cuts for the CURRENT SCHOOL YEAR (”mid-year cuts”). Among the “highlights” of the Governor’s proposal to cut 2.5 billion more from the education budget for this school year – yes, those would be cuts for the year for which school districts were required to approve a budget last June — are (1) retroactively eliminating the COLA for 08-09 and (2) retroactively reducing revenue limit funding (i.e., general funding) by 1.79 billion. Even more ominously, this draconian Special Session plan only addresses 11 billion of the state’s projected shortfall. The Governor projects another 13 billion deficit for 09-10. That means that in January we will hear about even more cuts ON TOP OF THESE for the next, fast-approaching budget cycle. If the legislature is unable or unwilling to act in the Special Session (which I think is likely), the whole problem of a 24 billion deficit would be carried into 09-10.

The whole post is here. And, yes, it is long, but is a clearly-articulated, reality-based portrait of the current state budget crisis and its local impact.

0

Motions filed in Alameda’s Measure H lawsuits

In a story to appear in tomorrow’s Alameda Journal, reporter Jennifer K. Rumple tracks the movement in the legal battle over Measure H, the Alameda school parcel tax that voters overwhelmingly approved last June.

Attorney Page Barnes of Foley & Lardner LLP, one of the firms representing the Alameda Unified School District, told Rumple, “I take this litigation very personally. I am fighting to preserve the educational quality of 10,000 students and uphold the will of an overwhelming majority of voters who recognize the importance of passing this parcel tax for our kids. I have a firm belief that the money being generated through Measure H is absolutely essential to maintaining the quality of our schools.”

The whole story is here.

13

No fair property taxes in Alameda

This week in “Life on the Island,” the column I write for the Alameda Journal, I discuss the legacy of Proposition 13, which leaves newer property owners, of both homes and businesses, paying property taxes much higher—sometimes three or four or five times higher—than those who bought earlier. (Property tax information is public and you can look it up by parcel or address here.)

Measure H, the Alameda school tax passed in June, assesses businesses based on square footage, which is, to my mind, closer to fair than a flat per parcel tax, which taxes the owners of mansions and hovels identically, the owners of large tracts of land the same as those who own a small parcel.

A Prop. 13 supporter once described the 1978 law to me as a ‘double-edged’ sword, by which I think he meant it was bad when you first purchase a property, but gets better over time. But Prop. 13 has created a system of taxation so inequitable that it has turned out to be a very bad thing over time, not just because of its pronounced lack of fairness but, too, because it fails to raise enough money to support the infrastructure and services our state requires.

1

AUSD retains counsel to fight Measure H lawsuits

For those of you who haven’t seen it, the Alameda Unified School District released a statement Wednesday regarding its legal team and the fight against the Measure H lawsuits. Here it is in its entirety:

Two Alameda taxpayers have brought separate lawsuits to invalidate Measure H, a new parcel tax to support Alameda schools that over two-thirds of Alameda voters approved in last June’s election. The tax, which will raise over $16 million in the next four years, will help close the budget gap caused by a reduction in State funding.

The lawsuits, Borikas, et al. v. AUSD, et al and Beery, et al. v. AUSD et al., are commonly called “reverse” validation proceedings. Each alleges that Measure H violates certain provisions of the California Government Code.

The Alameda Unified School District has retained the law firms of Chapman, Popik & White LLP and Foley & Lardner LLP. The District will vigorously defend Measure H.

In other school news the group, Alamedans For Fair Taxation, a group for which no one, to my knowledge, has stepped up and claimed public responsiblity, has a double-length, unsigned editorial in this week’s Alameda Sun. While we’re all used to pseudonymous postings on the Internet (I don’t much like ‘em, but they’re here), it continues to mystify me that no one from this group that is, as I understand it, responsible for funding at least one of the legal challenges to the popular parcel tax, doesn’t step up and say, “Hello. This is who we are and why we’re doing what we’re doing.” It’s all well and good to disagree—many reasonable people disagree much of the time—but the refusal to take a public stand (while having a willingness to fund a lawsuit) continues to confound me.

3

Second parcel tax lawsuit in Alameda

A second lawsuit was filed Monday in Alameda County Court against Measure H, the school parcel tax that passed with the support of just over two-thirds of Alameda voters in early June.

The first suit, filed last week by Pleasanton-based lawyer David Brillant on behalf of George J. Borikas is thought to have been supported and funded by several dozen local businesses. The second was filed by the high-powered law firm, Reed Smith, on behalf of local developer, John Beery.

School Board President Bill Schaff:

We’re sad to see another lawsuit. We would like to try to find some common ground with the business community…we still don’t have a state budget, we know we’ll still have an underfunding issue and we have to find some resolution that is good for our kids and that also can work for the business community.

You can look at both cases here, by entering the case numbers. Borikas is VG08405316 and Beery is RG08405984.

5

Measure H suit. Who is behind it?

It’s looking ever-more-likely that a suit will be filed against Measure H, the school parcel tax that passed in June in a community effort to preserve for Alameda children the level of service they’re currently getting from our district schools.

The word is that this group—please return my phone calls, Alamedans for Fair Taxation!—has raised $100,000 for legal fees, hiring David Brillant, of Randick O’Dea & Tooliatos to represent them. What boggles, is that aside from the owners of Pillow Park Plaza and Pauline’s Antiques, no one has stepped up to acknowledge their financial and philosophical commitment to this lawsuit. Where are the letters to the editor? The public statements of opposition to Measure H? I’m all for stepping up and fighting for what you believe, for making a case, taking a stand. But I say publicize your names, explain your thinking, be quoted in the paper, put your name on the project, put signs in your windows, “No to Measure H!” All of you.

15

“Alamedans for Fair Taxation” say they’ll fight Measure H

Today I was forwarded an email sent around by a group calling themselves “Alamedans for Fair Taxation.” Apparently, they’re working to fight Measure H, the school parcel tax passed in June, which will tax residential parcels $120 a year and commercial properties on a square footage basis. According to the email, they are looking for an attorney to take their case:


We have a strong belief that we have a case against AUSD, in regards to Measure H in the context of not being “uniformly” as defined in California Government Code Section 50079 – B or “Out of Town Owner” representation. At this point we are looking for, and interviewing attorneys.

It sounds like the group is also concerned about a legislative move at the state level to change the threshold a parcel tax needs to pass from the near-impossible two-thirds to the sure-to-pass-possibly-a-higher-tax level of 55 percent.

We will be looking into the bill pending in the Legislature to amend the constitution to reduce the required vote on the school parcel taxes to 55%, this would greatly increase their chances for future parcel taxes.

The group has South Shore address and a dedicated phone number, at which I just left a message. I will hopefully hear from a representative of the group soon and will be able to report more about them. Who is behind this effort? How are they funded? How do they think schools should be funded? Do they think property taxes should be based on the current market value of a property or on the sale price, however long ago it was? These are all things I’m wondering now.

2

Alameda’s Measure H: Now with two-thirds of vote

To repeat, the vote count now puts Measure H, the school parcel tax, well into passing territory—by 105 votes. Superblogger Lauren Do has a roundup of the latest news coverage over at Blogging Bayport. And I am looking forward to walking over to the school yard and smiling and high-fiving with some of the the parents who worked so hard to pass this tax. Because four million dollars a year for four years will, no matter what the naysayers say (and say it they do), make a big difference for the students of our district as well as for our town as a whole.