APPROVED AS TO FORM AND LEGALITY
_________________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. _____________ C.M.S.
ORDINANCE: 1) CALLING AND GIVING NOTICE FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022 FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY
OF OAKLAND PROPOSED BALLOT MEASURES; 2) REQUESTING
CONSOLIDATION OF THE CITY OF OAKLAND GENERAL
MUNICIPAL ELECTION WITH THE STATEWIDE ELECTION TO BE
HELD IN THE CITY OF OAKLAND ON NOVEMBER 8, 2022; AND 3)
AUTHORIZING AND DIRECTING THE CITY CLERK TO TAKE ALL
ACTIONS NECESSARY FOR THE MUNICIPAL ELECTION IN
ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS
WHEREAS, the California Constitution Article XI section 5(b) grants char ter cities the power to provide in their charters for the conduct of city elections; and
WHEREAS, Oakland City Charter section 1101 provides that General Municip al Elections for the nomination of officers and for such other purposes as the Council may prescribe shall be held in the City on the first Tuesday after the first Monday in November in each even- numbered year; and
WHEREAS, Oakland City Charter section 1101 provides that in order to co nsolidate General Municipal Elections with Statewide General Elections, t he Council may by ordinance provide for a date for a General Municipal Election which confo rms to the date of a Statewide General Election; and
WHEREAS, Oakland City Charter section 1103 provides that all elections and procedures related thereto shall be in accordance with the appl icable provisions of state law, except as otherwise may be provided by ordinance or the City Charter; and
WHEREAS, Oakland Municipal Code section 3.08.010 provides that except as may be otherwise provided in Chapter 3.08 all city elections and all p rocedures relating thereto shall be, where practicable, in accordance with the applicable provisions of state law relating to elections in general law cities; and
WHEREAS, the City Council desires that various proposed measures shall be submitted to the electors of the City of Oakland at the General Municipal Election to be held on November 8, 2022; and
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2 WHEREAS, California Elections Code sections 10400 through 10403 provide that a municipal election may be consolidated with the Statewide elect ion held on the same day upon an order by the county Board of Supervisors; and
WHEREAS, in order to request consolidation of the General Municipal Election with the Statewide General Election for the purpose of submitting to the electors of the City of Oakland proposed ballot measures the City Council shall, at least 88 da ys prior to the election, file with the County of Alameda a resolution that requests consolidation of the elections and sets forth the questions to be voted upon at the election
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. That the City Council of the City of Oakland hereby calls and p rovides notice for the holding of the General Municipal Election in the City of Oakland on Tuesday, November 8, 2022 for the purpose of submitting to the electors of the City of Oakland proposed ballot measures.
SECTION 2. That the questions that shall be voted on at the City of Oakl and General Municipal Election are as follows:
x Shall the measure to authorize the City of Oakland to develop, construct, or acquire, or assist the development of, up to 13,000 low rent residential units in social housing projects within the City for the purpose of prov iding affordable rental housing be adopted?
x Shall the measure amending Oakland’s business tax rates to crea te a progressive rate structure that would (1) impose the highest ra tes on the highest grossing businesses, (2) increase Oakland’s annual tax revenue by an estimated $20,900,000, and (3) generate approximately $124,000, 000 in total annual revenue for municipal services by imposing business tax rates of .05% to .55% of gross receipts, and other rates as stated in the measure, be adopted?
x Shall the measure to amend the City Charter to replace gender- specific language with gender neutral langua ge, such as replacing words like “fireman” with “firefighters” and using gender-neutral pronouns in referring to City officers and staff, recognizing that women and non-bina ry persons as well as men are qualified for and hold such positions, and to a void gender stereotyping and discrimination, and promote inclusivity be adopted?
x Shall the measure to amend the City Charter to allow the City C ouncil by adopting an ordinance, to authorize voting by noncitizen reside nts, who are the parents, legal guardians, or legally recognized caregivers of a child, for the Office of Oakland School Board Director if they are otherwise e ligible to vote under state and local law be adopted?
x Shall a measure to amend the Charter to, among other things, es tablish Councilmember term limits, require two hearings before Council places
3 certain measures on the ballot; count Councilmember abstentions and absences as “no” votes in determining whether Mayor may break a t i e ; provide Public Ethics Commission di scretion in setting Councilm ember salaries; authorize the Commission to set City Attorney and Aud itor salaries; and add and detail duties and provi de minimum staffing for the Auditor, be adopted?
x Shall the Measure amending the Oakland Municipal Code and City Charter to establish resident public financing for candidate election camp aigns, increase transparency regarding independent spending in City elections, further restrict former city officials from acting as lobbyists, and provide additional resources to the Public Ethics Commission for implementation be adopted?
x Shall the Measure amending the Just Cause for Eviction Ordinanc e to: (1) prohibit no-fault evictions of children and educators during th e school year; (2) extend eviction protections to tenants in recreational vehi cles (RVs), tiny homes on wheels, and newly constructed units except during the first 10 years after issuance of the certificate of occupancy; (3) remove fail ure to sign a new lease as grounds for eviction; and (4) make other clarifying am endments, be adopted?
x Shall the measure to improve public safety and invest in Oaklan d by creating affordable housing for Oaklanders, increasing housing for homel ess Oaklanders, repaving streets to remove potholes, improving traf fic/pedestrian safety, and updating fire stations and other public facilities, by issuing $850,000,000 in general obligation bonds, raising approximately $85,000,000 annually while bonds are outstanding at the rate of $0.071 per $100 ($71 per $100,000) of assessed value, with independent oversight and ann ual audits be adopted?
x Shall the measure to amend Oakland’s Municipal Code to fund Oakland Zoo operations, staffing, maintenance and capital improvements, inc luding but not limited to animal care and reha bilitation, educational and cons ervation programs, fire prevention, accessibility, and visitor services, by imposing an annual $68 parcel tax for single-family parcels, and other parc els as specified, for 20 years, raising approximately $12,000,000 annually with e xemptions for low-income households and others, and citizen oversight, be adopted?
SECTION 3. The City Council does hereby re quest that the Board of Supervi sors of Alameda County order the consolidation of the City of Oakland General Municipal Election to be held on Tuesday, November 8, 2022 with the Statewide Election to be held on the same day.
SECTION 4. That the consolidated Municipal Election shall be held and conducted in the manner required in Section 10418 of the California Elections Code.
SECTION 5.
That the City Clerk is hereby authorized and directed to take any and all actions necessary under law to pre pare for and conduct the Nove mber 8, 2022, Oakland General Municipal Election, including posting, publication and printing of notices, and to fix the dates for
4 submission of arguments, pursuant to the requirements of the City Charter, the Oakland Municipal Code, and California law.
SECTION 6. That the City Council hereby appropriates all monies necessary to prepare for and conduct said election and hereby authorizes the City Administrator to take any and all actions necessary to prepare for and con duct said electi on consistent w ith the Charter of the City of Oakland, the Oakland Municipal Code and California Elections Code where applicable.
SECTION 7. That the City Council of the Cit y of Oakland hereby authorizes and directs the City Clerk, at least 88 days prior to the November 8, 2022 Oakland General Municipal Election to forward certified copies of this ordinance to the Alameda County Board of Supervisors and the Alameda County Registrar of Voters.
SECTION 8. That the Council hereby requests that the Alameda County Board o f Supervisors permit the Registrar of Voters of Alameda County to render necessary services to the City relating to the conduct of said General Municipal Election.
SECTION 9. Severability. If any section, subsection, sentence, clause or phrase of thi s Ordinance is for any reason held to be invalid or unconstitutio nal by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council here by declares that it would have p assed this Ordinance and each section, subsection, clause or phrase thereof irrespective of t he fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional
SECTION 10. Effective Date. This ordinance shall become effective immediately on final adoption if it receives si x or more affirmative votes; ot herwise 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 –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
Date of Attestation:
3187166v8/ ARM
3187166/ ARM
NOTICE AND DIGEST
ORDINANCE 1) CALLING AND GIVING NOTICE FOR THE HOLDING
OF A GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022 FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY
OF OAKLAND PROPOSED BALLOT MEASURES; 2) REQUESTING
CONSOLIDATION OF THE CITY OF OAKLAND GENERAL
MUNICIPAL ELECTION WITH THE STATEWIDE ELECTION TO BE
HELD IN THE CITY OF OAKLAND ON NOVEMBER 8, 2022; AND 3)
AUTHORIZING AND DIRECTING THE CITY CLERK TO TAKE ALL
ACTIONS NECESSARY FOR THE MUNICIPAL ELECTION IN
ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS
This Ordinance would call and give notice for the General Munic ipal Election in the City of Oakland on November 8, 2022 for the purpose of submitting to th e electors of the City of Oakland proposed ballot measures. This Ordinance would request consolidation of the General Municipal Elections with the Statewide Election to be h eld on the same day. This Ordinance authorizes the City Clerk of the City of Oakland to t ake all actions necessary for the General Municipal Election in accordance with applicable legal requirements.