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Oakland City Council
May 30, 2023

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May 30, 2023
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Approved as to Form and Legality

DRAFT
______________________
City Attorney’s Office

OAKLAND CITY COUNCIL

RESOLUTION NO. _______________ C.M.S.

RESOLUTION:

1. ADOPTING THE BIENNIAL BUDGET FOR FISCAL YEARS 2023-25

AND APPROPRIATING FUNDS TO COVER EXPENDITURES
APPROVED BY SAID BUDGET;

2. AUTHORIZING THE CITY ADMINISTRATOR TO TRANSFER FUNDS

BETWEEN DEPARTMENTS, PROGRAMS AND FUNDS AS

NECESSARY TO SUPPORT DEPARTMENTAL REORGANIZATION

AS SET FORTH IN THE ADOPTED BIENNIAL BUDGET FOR FISCAL
YEARS 2023-25.

3. TAKING ALL STEPS NECESSARY TO APPLY FOR AND RECEIVE

ADDITIONAL FUNDS REQUIRED TO ADVANCE AND COMPLETE

THE PROJECTS IDENTIFIED IN THE CAPITAL IMPROVEMENT

PROGRAM AND ACCEPT AND APPROPRIATE ANY ADDITIONAL

FUNDS PROVIDED THAT SUCH ACCEPATANCE IS CONSISTENT

WITH AND DOES NOT OTHERWISE NEGATIVELY IMPACT THE
CITY’S CAPITAL IMPROVEMENT PROGRAM

4. DIRECTING THE CITY ADMINIST RATOR TO RETURN TO THE
COUNCIL WITH AN ORDINANCE AMENDING CHAPTER 2.29 OF
THE OAKLAND MUNICIPAL CODE TO IMPLEMENT THE JULY 2024

REORGANIZATIONS PROPOSED IN THIS BUDGET

WHEREAS, Section 801 of the Charter of the City of Oakland requires that the Oakland City Council adopt by resolution a budget of proposed expenditures and appropriations necessary for the ensuing year; and

WHEREAS, the City Council has a longstanding policy of adopting a two- year budget; and

WHEREAS, Section 806 of the City Charter provides that all monies received by the City shall be deposited in the City Treasury, and no monies shall be disbursed from

2 the treasury without the approval of the City Administrator or of another officer duly authorized by him/her and that no expenditure of City funds shall be made except for the purposes and in the manner specified by an appropriation of the Council; and

WHEREAS, the City Council has reviewed departmental and non -departmental budgets in light of revenue estimates for Fiscal Years 2023- 25 and has conducted multiple public budget hearings; and

WHEREAS, the City intends to apply for additional funds necessary to complete and offset costs of funded projects in the Capital Improvement Program (CIP), and leverage existing City fund sources to secure additional sources of funding for development of CIP projects that are approved but not funded; and

WHEREAS, the Proposed Budget contains Departmental reorganizations effective July 1
st 2024, and

WHEREAS, Departmental reorganizations must be codified by an ordinance amending chapter 2.29 of the Oakland Municipal Code, and

WHEREAS, the City was experiencing the largest general purpose fund shortfall in its history prior to the balancing actions contained in this budget;

WHEREAS, the City Council has carefully considered the proposed budget for Fiscal Years 2023-25as set forth in the FY 2023-25 Proposed Policy Budget document; and

WHEREAS, the City Council has agreed to the Mayor’ proposed budget and has noted any modification or amendments in Exhibits 1 and 2 , which together with the proposed budget constitute the F iscal Years 2023-25 Adopted Policy Budget; now therefore be it

RESOLVED: That the City Council hereby adopts the proposed budget as modified by Exhibits 1 and 2 as the City of Oakland Adopted Policy Budget for Fiscal Years 2023-25; and be it

FURTHER RESOLVED: That the City Administrator is authorized to expend City funds in accordance with the laws of the State of California and the City of Oakland, and the City of Oakland FY 2023-25 Adopted Policy Budget attached hereto; and be it

FURTHER RESOLVED: That the Council declares that the City is experiencing a severe financial event and state of extreme fiscal necessity, and

FURTHER RESOLVED: That the City Administrator may transfer operating appropriations between activity programs during the fiscal year provided that such funds remain within the departments in which the funds were approved by City Council; and be it

3 FURTHER RESOLVED: That the City Administrator may transfer capital appropriations between the Capital Improvement Program and operating departments to the extent that such transfer s are necessary to fund capital -related activities of the operating departments; and be it

FURTHER RESOLVED:, That should additional grant funds become available to offset costs of Capital Improvement Program projects funded in the Capital Improvement Program, then the City Administrator is authorized to apply for accept and appropriate these additional grant f unds consistent with the City’s Capital Improvement Program priorities so long as there are no additional costs associated with the City’s acceptance or appropriation of the additional funds beyond reserved grant matching funds, or negative impact on the City’s existing funding resources funds; or negative impact on the speed and capacity to deliver funded Capital Improvement Program projects, and be it

FURTHER RESOLVED: That should additional grant funds become available to fund Capital Improvement Progra m projects that are approved but not funded in the Capital Improvement Program, then the City Administrator is authorized to apply for accept and appropriate these additional grant funds consistent with the City’s Capital Improvement Program priorities so long as there are no additional costs associated with the City’s acceptance or appropriation of the additional funds beyond reserved grant matching funds, or negative impact on the City’s existing funding resources funds; or negative impact on the speed and capacity to deliver of funded Capital Improvement Program projects, and be it

FURTHER RESOLVED: that this resolution serves as a “resolution of local support” to facilitate grant application acceptance and execute restricted grant agreements for named C apital Improvement Program projects that are funded or are approve but not funded when required by external funding agencies, including but not limited to the California Department of Transportation, the United States Department of Transportation, the Metr opolitan Transportation Commission, the A lameda County Transportation Commission, etc.

FURTHER RESOLVED: That the City Administrator may transfer operating appropriations and positions : between the Human Services Department, Parks Recreation & Youth Development Department, the Department of Economic and Workforce Development, City Administrators Office, and the newly established Department of Children Youth and Families; between the Planning & Building Department and the Department of Economic and Workforce Development ; between the Housing & Community Development Department and Human Services Department; the City Administrator’s Office and the Oakland Public Works Department, and between the City Administrator’s Office and the Department of Human Services during Fiscal Years 2023- 25 to facilitate the reorganization, establishment, and operations of those organizational units; and be it

FURTHER RESOLVED: That the City Administrator may transfer operati ng

4 appropriations between the Non-Departmental Organization and the City’s Operating Departments to implement the services provided for in this Budget; and be it

FURTHER RESOLVED: That the City Administrator is hereby authorized to periodically transfer funds between Departments and completed projects as needed in order to clean-up negative budget balances within the same Fund; and be it

FURTHER RESOLVED: That the City Administrator is hereby authorized to use cost savings from vacant positions within a Department to procure internal or contract services to facilitate the speedy hiring of positions within that same Department ; and be it

FURTHER RESOLVED: That the City Administrator may periodically transfer unexpended funds from the Unclaimed Cash Fund (Fund 7440) to the General Purpose Fund (Fund 1010); and be it

FURTHER RESOLVED: That the City Administrator is hereby authorized and directed to calculate all required set-asides and make appropriate adjustments, based on the final adopted budget amendments and accompanying legislation, as legally required, such as Kid’s First!, the Vital Services Stabilization Fund, and the 7.5 percent Emergency Reserve; and be it

FURTHER RESOLVED: That the City Administrator must obtain approval from the City Council before (1) substantially or materially altering the relative department allocations of funding set out in the Adopted Policy Budget, (2) substantially or materially changing the levels of service expressly prioritized and funded by the Adopted Policy Budget including but not limited to layoffs and/or freezes that would substantially or materially (a) change levels of service, or (b) affect programs, or (3) eliminates or suspends entire programs funded by the Adopted Policy Budget; and be it

FURTHER RESOLVED: That the city administrator is hereby directed to return to the council with an ordinance amending chapter 2.29 of the O akland Municipal Code to implement the July 2024 reorganizations proposed in this budget; and be it

FURTHER RESOLVED: That this Resolution shall take effect immediately upon its passage.

3063402v1

IN COUNCIL, OAKLAND, CALIFORNIA,

PASSED BY THE FOLLOWING VOTE:

AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO, AND PRESIDENT FORTUNATO BAS NOES –
ABSENT –
ABSTENTION –

5 ATTEST:

ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California

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