1 APPROVED AS TO FORM AND LEGALITY
DRAFT
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION 1) CALLING FOR A SPECIAL MUNICIPAL ELECTION
ON TUESDAY MARCH 5, 2024 FOR THE PURPOSES OF FILLING A
VACANCY IN THE OFFICE OF THE CITY AUDITOR AND
SUBMITTING A BALLOT MEASURE TO THE VOTERS ; AND 2)
REQUESTING CONSOLIDATION OF THE SPECIAL MUNICIPAL
ELECTION WITH THE STATEWIDE PRIMARY ELECTION OF
MARCH 5, 2024; AND 3) TAKING OT HER ACTIONS NECESSARY
UNDER LAW TO CONDUCT THE MARCH 5, 2024 SPECIAL
MUNICIPAL ELECTION
WHEREAS, the City Auditor resigned effective October 13, 2023 , creat ing a vacancy in the Office of the City Auditor; and
WHEREAS, section 403(3) and section 205 of the City Charter provide that for all vacancies occurring in the Office of City Auditor the City Council shall cause a special election to be held to fill such vacancy within 120 days of the vacancy, however an extension o f up to 90 days is allowed for the purpose of consolidating the special election with the next municipal election or statewide election; and
WHEREAS, the State of California will hold a presidential primary election on March 5, 2024 and therefor e the Cit y Council wishes to call a special election for March 5, 2024 and request consolidation of that election with the statewide election to fill the vacancy in the Office of City Auditor; and
WHEREAS, pursuant to Charter sections 302 and 403(1) the successful candidate elected to serve as City Auditor at the March 5, 2024 election will complete the remainder of the City Auditor’s term until 11:00 a.m. on the first Monday of January following the Mayor’s election, i.e. January 4, 2027; and
WHERAS, section 1105 of the City Charter requires elections for all city offices, including City Auditor, to be conducted by ranked choice voting; and
WHEREAS, the City Council also wishes to submit a proposed ordinance, as described herein, to the electors of the City of Oakland at the March 5, 2024 special municipal election; and
WHEREAS, pursuant to Article XI of the City Charter, other than N ominating Elections, which are held in June, and General Municipal Elections, which are held in November, all other municipal elections are Special Municipal Elections; and
WHEREAS, section 1103 of the City Charter provides that except as otherwise provided in the City Charter or by City ordinance , all City elections and all procedures relating thereto shall be in accordance with the applicable provisions of state law; and
WHEREAS, California Elections Code section 12001 provides that for a special local election, the governing body of the local agency shall issue a proclamation or a resolution calling the election; and
WHEREAS, California Elections Code sections 10400 through 10403 provide that a municipal election may be consolidated with the Statewide election held on the same day upon an order by the county Board of Supervisors; and
WHEREAS, in order to request consolidati on of a Special Municipal Election, the City Council shall, at least 88 days prior to the election, file with the County of Alameda a resolution that requests consolidation of the elections and sets forth the form of the question and office to be voted upon at the election; now, therefore, be it
RESOLVED: That pursuant to the Oakland City Charter, O akland Municipal Code Chapter 3.08, and applicable State law, there is called and ordered to be held a Special Municipal Election in the City of Oakland on March 5, 2024; and be it
FURTHER RESOLVED: That notice of the Special Municipal Election on March 5, 2024 is hereby given and the City Clerk is authorized and instructed to give further additional notice of the election, in the time, form, and manner required by law; and be it
FURTHER RESOLVED: That the City Council hereby requests that the City of Oakland Special Municipal Election be consolidated with the Statewide election to be held on that same day; and be it
FURTHER RESOLVED: That the office to be voted on at the Special Municipal Election is:
• City Auditor
; and be it
FURTHER RESOLVED : That the form of the question to be voted on at the Special Municipal Election is:
• Shall the measure increasing the appropriations limit under Article XIIIB of the California Constitution (which limits city expenditures of tax proceeds) to allow the City of Oakland to continue to expend revenues from taxes Oakland voters previously appro ved for emergency medical services, paramedic services, library services, public safety and violence prevention services, homeless services, children’s services, parks and recreation, the Oakland Zoo and other lawful governmental purposes, without increasi ng or imposing new taxes, be adopted?
; and be it
FURTHER RESOLVED: That the election for City Auditor shall be conducted using ranked choice voting; and be it
FURTHER RESOLVED: That the consolidated Special Municipal Election shall be held and conducted in the manner required in Section 10418 of the California Elections Code; and be it
FURTHER RESOLVED : That the Council hereby requests that the Alameda County Board of Supervisors permit the Registrar of Voters of Alameda County to render necessary services to the City relating to the conduct of the special election; and be it
FURTHER RESOLVED: That th e City Clerk shall work with the Registrar of Voters of Alameda County to design a ballot template that complies with section 1105(c) of the City Charter; and be it
FURTHER RESOLVED: That the City Clerk is hereby directed to take any and all actions neces sary to hold the Special Municipal Election, including posting, publication and printing of notices, and to fix the dates for submissions of arguments, pursuant to the requirements of the City Charter, the Oakland Municipal Code, and State law; and be it
FURTHER RESOLVED: That the City Council hereby appropriates all monies necessary to prepare for and conduct the Special Municipal Election and hereby authorizes the City Administrator to take any and all actions necessary to prepare for and conduct said e lection consistent with the Charter, the Oakland Municipal Code and California Elections Code where applicable.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3307888v2/ARM