APPROVED AS TO FORM AND LEGALITY
______________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION 1) DECLARING A V ACANCY IN THE OFFICE OF THE MAYOR AND THE DISTRICT 2 CO UNCIL OFFICE; 2) CALLING FOR A SPECIAL MUNICIPAL ELECTION ON TUESDAY APRIL 15, 2025
FOR THE PURPOSE OF FILLING TH E VACANCIES IN THE OFFICE OF THE MAYOR AND TH E DISTRICT 2 COUNCIL OFFICE; AND 3)
AUTHORIZING THE CITY CLER K TO TAKE ALL ACTIONS
NECESSARY TO HOLD THE SPECIAL MUNICIPAL ELECTION
WHEREAS, the City has received the certified statement of results of the November 5, 2024 General Municipal Election for th e City of Oakland from the Alameda County Registrar of Voters (ROV) and the City Council has declared the results of the election prior to the passage of this Resolution; and
WHEREAS, the City’s November 5, 2024 Gene ral Municipal Election included a Recall Election question—“Shall Sheng Thao be recalled (removed) from the Office of Mayor”—and a majority of City voters voted “Yes”; and
WHEREAS, pursuant to the City Council’s Resolution Declaring the Results of the City of Oakland General Municipal Electio n Held on Tuesday, November 5, 2024 and Section 304 of the Oakland City Charter (Charter), the Council now finds that a vacancy exists in the Office of the Mayor; and
WHEREAS, the ROV’s certified statement of results of the November 5, 2024 General Election for Alameda County indicates that Oakland City Councilmember Nikki Fortunato Bas, who represents District 2, has been elected to th e Alameda County Board of Supervisors for the term commencing January 6, 2025; and
WHEREAS, the District 2 Councilmember submitt ed a letter of resignation to the City Clerk on December 17, 2024, resigning th eir Council seat effective January 6, 2025; and
WHEREAS, pursuant to Government Code sec tion 1770(c)(2) and Charter section 206, the City Council now finds that that a vacancy exists in the District 2 Council Office; and
WHEREAS, pursuant to Charter sections 205 and 303, the vacancies occurring in the Office of the Mayor and the District 2 Counc il Office require a special election be held
2 to fill each vacancy within 120 days of the v acancy, however an extension of up to 90 days is allowed for the purpose of consolidating the sp ecial election with the next municipal or statewide election; and
WHEREAS, the state of California does not have an election scheduled on or before April 15, 2025, nor is any el ection currently scheduled within 90 days thereafter that, pursuant to Charter sections 205 and 303, woul d allow consolidation with a municipal or statewide election; and
WHEREAS, the only suitable date for an electi on that is on a Tuesday, as required by Elections Code section 1100, is within 120 days of the calling of the election, and permits the full nomination period for candidates, as established by Elections Code section 10220, is April 15, 2024; and
WHEREAS, pursuant to Charter section 302, th e successful candidate elected to serve as Mayor at the April 15, 2025 Speci al Municipal Election will complete the remainder of the Mayor’s unexpired term, which ends at 11:00 a.m. the first Monday of January 2027, i.e. January 4, 2027; and
WHEREAS, pursuant to Charter section 204(a), the successful candidate elected to serve as District 2 Councilmember at the April 15, 2025 Special M unicipal Election will complete the remainder of the District 2 Coun cilmember’s unexpired term, which ends at 11:00 a.m. the first Monday of January 2027, i.e. January 4, 2027; and
WHERAS, Charter section 1105 requires elections for all city offices, including, but not limited to, Mayor and Councilmember, be conducted by ranked choice voting; and
WHEREAS, pursuant to Charter section 1 105 and discussions with the ROV regarding ballot template design, the City Clerk has determined that five rankings will be the maximum number of ranked choice options for the April 15, 2025 Special Municipal Election to ensure the integrity and smooth functioning of the election; and
WHEREAS, the City Clerk shall coordinate with the ROV to review and approve a ballot template that complies with section 1105(c) of the Charter; and
WHEREAS, the City Council may submit a proposed ordinance or ordinances to the electors of the City of Oakland at the April 15, 2025 Special Munici pal Election and will consolidate any such ordinance or ordinances with the April 15, 2025 Special Municipal Election at a subsequent Council meeting held at least 88 days prior to the election; and
WHEREAS, pursuant to Article XI of the Chart er, other than Nominating Elections, which are held in June, and General Municipa l Elections, which are held in November, all other municipal elections are Special Municipal Elections; and
WHEREAS, pursuant to Charter section 1103 an d Oakland Municipal Code section
3.08.010, except as otherwise provided in the Charter or the Oakland Municipal Code, all City elections and all procedures relating theret o shall be in accordance with the applicable provisions of California law; and
3 WHEREAS, California Elections Code secti on 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; now, therefore, be it
RESOLVED: That the City Council hereby declar es a vacancy in the Office of the Mayor pursuant to Charter section 303; and be it
FURTHER RESOLVED: That the City Council hereby declares a vacancy in the District 2 Council Office pursuant to Charter section 206 for the purpose of calling a Special Municipal Election to fill the vacancy; and be it
FURTHER RESOLVED: That the City Council hereby calls and provides notice for the holding of a Special Municipal Election in the City of Oakland on Tuesday, April 15, 2025, for the purpose of filling the vacan cies in the Office of the Mayor and District 2 Council Office; and be it
FURTHER RESOLVED: That the offices to be voted on at the Special Municipal Election are:
Mayor
Councilmember, District 2
; and be it
FURTHER RESOLVED: That the election for Mayor and District 2 Councilmember shall be conducted using ranked choice voting; and be it
FURTHER RESOLVED: That the Council hereby authorizes and directs the City Clerk to take any and all actions necessary to prepare for and conduct the April 15, 2025 Special Municipal Election, including, but not limited to, posting, publication and printing of notices, and to fix the dates for submissi ons of all candidate nomination and related documents, if applicable, in a manner consistent with the requirements of the Charter, the Oakland Municipal Code, and California law, where applicable; and be it
FURTHER RESOLVED: That the Council here by appropriates all monies necessary to prepare for and conduct the
April 15, 2025 Special Municipal Election and hereby authorizes the City Administrator to take any and all ac tions necessary to prep are for and conduct said election in a manner consistent with the Charte r, the Oakland Municipa l Code and California law, where applicable; and be it
FURTHER RESOLVED: That the Council hereby requests that the Alameda County Board of Supervisors permit the Alam eda County Registrar of Voters to render necessary services to the City relating to the conduct of the April 15, 2025 Special Municipal Election; and be it
4 FURTHER RESOLVED: That the Council hereby authorizes and directs the City Clerk to forward certified copies of this Resolution to the Alameda County Board of Supervisors and the Alameda County Registrar of Voters at least 88 days prior to the April 15, 2025 Special Municipal Election.
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
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