APPROVED AS TO FORM AND LEGALITY
__________DRAFT_________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION:
(1) CALLING AND GIVING NOTICE FOR THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION ON JUNE 2, 2026 FOR THE
PURPOSE OF SUBMITTING TO THE VOTERS PROPOSED
BALLOT MEASURES;
(2) REQUESTING CONSOLIDATION OF THE SPECIAL MUNICIPAL
ELECTION WITH THE STATEWIDE DIRECT PRIMARY
ELECTION TO BE HELD IN THE CITY OF OAKLAND ON JUNE 2,
2026; AND
(3) DIRECTING THE CITY CLERK TO TAKE ANY AND ALL ACTIONS
NECESSARY UNDER LAW TO SUBMIT THIS MEASURE TO
VOTERS AT THE JUNE 2, 2026 ELECTION
WHEREAS, the California Constitution Article XI section 5(b) grants charter cities the power to provide in their charters for the conduct of city elections; and
WHEREAS, Oakland City Charter section 1101 provides that City elections of officers and for such other purposes as the Council may prescribe held on the first Tuesday after the first Monday in November in each even-numbered year are General Municipal Elections; and
WHEREAS, Oakland City Charter section 1102 provides that all other municipal elections that may be held by the authority of the Charter or of any law shall be known as Special Municipal Elections; and
WHEREAS, Oakland City Charter section 1103 provides that all elections and procedures related thereto shall be in accordance with the applicable 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 procedures relating thereto shall be, where practicable, in accordance with the applicable provisions of state law relatin g to elections in general law cities; and
2 WHEREAS, Oakland Municipal Code section 3.08.015 provides that the City Council shall have the power to call a special municipal election by resolution , provided that the election date must be at least eighty -eight (88) days after the date that the City Council calls the election and, notwithstanding any other provision of the California Elections Code; and
WHEREAS, California Elections Code section 9222 authorizes the City Council to call a special election for the purpose of voting on a proposition for the repeal, amendment, or enactment of any ordinance; and
WHEREAS, California Elections Code section 1415 provides that the governing body of a City may submit a charter amendment to the voters at a statewide general election or statewide primary election as set forth therein; and
WHEREAS, the City Council desires that various proposed measures be submitted to the electors of the City of Oakland at a Special Municipal Election to be held on June 2, 2026; and
WHEREAS, California Elections Code sections 10400 through 10403 provide that a special municipal election may be consolidated with a statewide election upon a resolution requesting consolidation and order approving consolidation by the board of supervisors; and
WHEREAS, on January 6, 2026, the City Council voted to approve a resolution, among other things, submitting to voters at a Special Municipal Election a charter amendment that would amend City Charter Article XXVI section 2601 to expand the eligibility for members of the Oakland Police and Fire Retirement System (PFRS) Board and change the Board frequency from monthly to no less than quarterly; and
WHEREAS, on December 16, 2025, the City Council voted to approve a resolution among other things, submitting to voters at a Special Municipal Election a proposed measure to amend the City’s Business Tax Ordinance (Oakland Municipal Code Chapter 5.04) to provide business tax exemptions for certain small business and businesses opening new locations in commercial spaces in the City; now, therefore, be it
RESOLVED: That pursuant to the Oakland City Charter, Oakland 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 June 2, 2026 for the purpose of submitting to the electors of the City proposed ballot measure s, and Council hereby directs the City Clerk to give further or additional notice of the election, in the time, form, and manner required by law; and be it
FURTHER RESOLVED: That the questions that shall be voted on at the City of Oakland Special Municipal Election are as follows (collectively, “Measures”):
• Shall the measure amending Oakland’s Business Tax Ordinance to provide one - year business tax exemptions for (1) certain small businesses with annual gross receipts of $1,000,000 or less, including retail sales, grocers, business and personal services, recreation and entertainment, and manufacturing, and (2) businesses that establish a new commercial location in the City; and authorizing the City Council to extend the exemptions on an annual basis for up to three additional years, be adopted?
3 • Shall the measure amending the City Charter to, among other things, expand the eligibility for service on the Board of the Police and Fire Retirement System and reduce the frequency of the Board’s mandatory meetings from monthly to no less than quarterly be adopted?
; and be it
FURTHER RESOLVED: That the City Council hereby authorizes and directs the City Clerk, at least 88 days prior to the Statewide Direct Primary Election on June 2, 2026, to file with the Alameda County Board of Supervisors and the Registrar of Voters certified copies of this resolution; and be it
FURTHER RESOLVED: That the City Council does hereby request that the Registrar of Voters of the County of Alameda perform necessary services in connection with said election; and be it
FURTHER RESOLVED : The City Council does hereby request that the Board of Supervisors of Alameda County order the consolidation of the City of Oakland Special Municipal Election with the Statewide Direct Primary Election to be held on June 2, 2026; and be it
FURTHER RESOLVED: That the consolidated 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 City Clerk is hereby directed to cause the posting, publication and printing of notices, pursuant to the requirements of the Charter of the City of Oakland, Chapter 3 of the Oakland Municipal Code, the California Government Code, and the California Elections Code; and be it
FURTHER RESOLVED: That in accordance with the Elections Code and the Oakland Municipal Code, the City Clerk shall fix and determine a date for submission of arguments for or against said proposed Measures and rebuttals and said date s shall be posted in the Office of the City Clerk; and be it
4 FURTHER RESOLVED: That the City Clerk and City Administrator are hereby authorized and directed to take any and all actions necessary under law to prepare for and conduct the Special Municipal Election and expend all monies necessary for the City Administrator and City Clerk to prepare and conduct the Special Municipal Election.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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