1 APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________C.M.S.
ORDINANCE AMENDING O AKLAND MUNICIPAL COD E SECTION S
3.08.060 – FILING FE E AND 3.08.180 – FILING FE ES (INITIATIVE
PETITIONS) TO ALIGN THE FILING FEE S WITH THE CITY OF
OAKLAND MASTER FEE S CHEDULE AND MAKE OTHER
TECHNICAL EDITS
WHEREAS, Oakland Municipal Code (“OMC”) section 3.08.060 provides that all candidates for municipal office shall pay a filing fee of $300.00 at the time the candidate’s nomination petitions are filed; and
WHEREAS, OMC section 3.08.060 was adopted in 1994 pursuant to Ordinance No. 11682 C.M.S.; and
WHEREAS, on July 10, 2018, the City Council adopted Ordinance No. 13497 C.M.S., which amended the City of Oakland Master Fee Schedule to, among other things, increase the fee for candidate nomination papers from $300 to $1,000; and
WHEREAS, the City Administrator’s Agenda Report accompanying Ordinance No. 13497 provides that the proposed increase to the fee for candidate petitions from $300 to $1000 is intended to update the 1994 fee and begin recovery of some of the City’s costs to perform the election requirements prescribed by the California Elections Code; and
WHEREAS, OMC) section 3.08.180 provides for a filing fee for initiative petitions of $200; and
WHEREAS, OMC section 3.08.180 was adopted in 1989, pursuant to Ordinance No. 11164 C.M.S.; and
WHEREAS, on June 26, 2017, the City Council adopted Ordinance No. 13448 C.M.S., which amended the City of Oakland Master Fee Schedule to, among other things, increase the election filing fee for initiative petitions from $200 to $500; and
WHEREAS, the City Administrator’s Agenda Report accompanying Ordinance No. 13448 provides that the proposed increase to the initiative petition filing fee to $500.00 is intended to defray a portion of the approximately $1,200 in costs to the City to process initiative petitions; and
WHEREAS, amending OMC sections 3.08.180 and 3.08.060 to provide for fees as set forth in the City’s Master Fee Schedule will provide clarity to the public and ensure that the fees are imposed as adopted in the Master Fee Schedule;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and determines the foregoing recitals to be true and correct and are hereby incorporated herein as findings and determinations of t he City Council.
SECTION 2. Amendments to Section 3.08.060 of the Oakland Municipal Code.
Oakland Municipal Code section 3.08.060 is hereby repealed and reenacted as follows:
3.08.060 - Filing fee.
Every candidate shall at the time the candidate receives nomination petitions from the Office of the City Clerk, pay a deposit of fifty dollars ($50.00) toward the total filing fee , as set forth in the City of Oakland Master Fee Schedule, to be paid by eac h candidate. Each candidate may pay the total filing fee at the time the candidate’s nomination petitions are issued. However, no portion of that filing fee is refundable. Every candidate shall at the time the candidate’s nomination petitions are filed, pa y to the City Clerk the balance, if any is due, with credit given for the deposit paid at the time the nomination petitions were issued. A refund is not available regardless of whether the nomination petitions are found sufficient or insufficient.
SECTION 3. Amendments to Section 3.08.180 of the Oakland Municipal Code.
Oakland Municipal Code section 3.08.180 is hereby repealed and reenacted as follows:
3.08.180 - Filing fees (initiative petitions).
Any person(s) filing a notice of intent to circulate an initiative petition in the city shall pay a filing fee as set forth in the City of Oakland Master Fee Schedule, to be refunded to the filer if, within one year of the date of filing the notice of intent, the City Clerk certifies the sufficienc y of the petition.
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional
SECTION 5. Effective Date. This ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
Date of Attestation:
3189181/ARM
NOTICE AND DIGEST
ORDINANCE AMENDING O AKLAND MUNICIPAL COD E SECTIONS
3.08.060 – FILING FE E AND 3.08.180 – FILING FEES (INITIATIVE
PETITIONS) TO ALIGN THE FILING FEES WITH THE CITY OF
OAKLAND MASTER FEE S CHEDULE AND MAKE OTH ER
TECHNICAL EDITS
This Ordinance would amend Oakland Municipal Code section 3.08.060 – Filing fee and section 3.08.180 – Filing Fees (Initiative Petitions) to align the filing fee for candidate nomination petitions and the filing fee for initiative petitions with the fee s as listed in the City of Oakland Master Fee Schedule and adopted by the City Council.