APPROVED AS TO FORM AND LEGALITY INTRODUCED BY COUNCILMEMBER KAPLAN, KALB AND GUILLEN CITY ATTORNEY OAKLAND CITY COUNCIL RESOLUTION NO.C.M.S. RESOLUTION ON THE CITY COUNCIL’S OWN MOTION SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 2018, A PROPOSED ORDINANCE TO ADOPT A SPECIAL PARCEL TAX ON VACANT PROPERTIES TO FUND SOLUTIONS FOR HOMELESSNESS, ILLEGAL DUMPING REMEDIATION, AND SPECIFIED PROGRAMS; AND DIRECTING THE CITY CLERK TO TAKE ANY AND ALL ACTIONS NECESSARY UNDER LAW TO PREPARE FOR AND CONDUCT THE NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION WHEREAS, Oakland is suffering from a serious housing crisis as housing costs in the City increase drastically, making housing at all levels of affordability and particularly affordable housing scarce and unavailable for many Oakland residents; and WHEREAS, the lack of sufficient housing generally and affordable housing in particular in Oakland is contributing to a large and growing crisis of homelessness, which is increasing human suffering throughout the community, creating public health risks, and negatively affecting economic activity, which deprives residents of income and opportunity. The housing crisis is also causing displacement of long-term Oakland residents, diminishing the richness of the community that contributes to making the City a desirable place to live; and WHEREAS, Oakland is also experiencing significant vacancy of property, including residential and commercial land and buildings left unused for long periods of time; and WHEREAS, there are a number of properties in the City that are being kept vacant, undeveloped, and unoccupied by any legal use; and WHEREAS, properties that are vacant or undeveloped deprive the community of the economic opportunity and housing that could be provided if those properties were put into use, reducing the supply of units available to house people and businesses, thus making it more difficult for people to find space to live or operate businesses within the City; and 2932066.22 2486521 -1- WHEREAS, properties that are vacant also deprive the City of the revenue needed to provide public services, by reducing the tax revenue that is generated when properties provide space for active uses or are developed for housing or businesses; and WHEREAS, when properties are kept in a vacant state they have negative impacts on the community, including encouraging blight, crime, and illegal dumping; and WHEREAS, properties that are vacant contribute to a negative and unpleasant atmosphere, deterring economic and community activity from locating in the area; and WHEREAS, traditional funding sources have not kept up with the rising homeless crisis, resulting in increasing numbers of people living in problematic conditions on sidewalks and beneath underpasses; and WHEREAS, in order to help remedy homelessness and the affordable housing crisis, it is important both to reduce the number of properties that are kept vacant or undeveloped, and to provide a funding source for homeless and affordable housing solutions; and WHEREAS, the City Council desires to submit to the qualified electors of the City a proposed ordinance to adopt a special parcel tax on vacant properties to support affordable housing and services for homeless people; and WHEREAS, such a special tax will also discourage property owners from keeping properties vacant; and WHEREAS, the proposed tax will have a hardship exemption process, so that people with financial difficulty or other valid reason the property had to be vacant can have the tax waived, and non-profits are exempt; and WHEREAS, the special tax imposed by the proposed ordinance is authorized by Article XIIIA of the California Constitution and section 50075 of the California Government Code; and now therefore be it RESOLVED, that the Oakland City Council finds and determines the forgoing recitals are true and correct and hereby adopts and incorporates them into this Resolution; and be it FURTHER RESOLVED, that the Oakland City Council does hereby call for a general municipal election and submit to the voters, at the November 6, 2018, General Election, an Ordinance that reads as follows: Be it ordained by the People of the City of Oakland: 2932066.22 2486521 -2- Section 1. Title. This Ordinance may be referred to as the “Oakland Vacant Property Tax Act.” Section 2. Purpose. The taxes imposed under this Ordinance are solely for the purpose of raising revenue necessary to support and fund services for homeless people and affordable housing, and related programs, described below. Because the proceeds of the parcel tax will be deposited into a special fund restricted for the services and programs specified in this Ordinance, the tax is a special tax. Section 3. Code Amendment. A new Chapter is hereby added to the Oakland Municipal Code to read as follows: Chapter 4.56 Vacant Property Tax Section 4.56.010 Section 4.56.020 Section 4.56.030 Section 4.56.040 Section 4.56.050 Section 4.56.060 Section 4.56.070 Definitions Determination of Vacancy Imposition of Parcel Tax on Vacant Property Vacant Property Tax Fund Use of Vacant Property Tax Act Revenue Commission on Homelessness Accountability Section 4.56.010. Definitions “City” means the City of Oakland. “Commission” means the Commission on Homelessness authorized by this Ordinance. “County” means Alameda County. “Heavily Impacted Neighborhoods” means the geographic area defined by the boundaries of 2010 Census Tracts 4007, 4008, 4009, 4010, 4014, 4015, 4016, 4017, 4018, 4022, 4024, 4025, 4026, 4027, 4030, 4033, 4057, 4053.02, 4054.01, 4054.02, 4055, 4056, 4058, 4059.01, 4059.02, 4060, 4061, 4062.01, 4062.02, 4063, 4064, 4065, 4071.01, 4071.02, 4072, 4073, 4074, 4075, 4076, 4077, 4085, 4086, 4087, 4088, 4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4102, 4103, 4104, and 4105. See Map (Attachment A) below. “Mixed use parcel” means a parcel that is improved with both: i) at least one residential unit, and ii) uses other than a residential unit. 2932066.22 2486521 -3- “Multifamily residential parcel” means all parcels that are improved with more than one residential unit. “Owner” means the owner or owners of the real property located within the City of Oakland. “Net General Purpose Fund budget for non-safety departments” means the total General Purpose Fund appropriation to the operating budgets of the non-safety departments, excluding expenditures that are offset by fees or other non-tax revenues. “Nonresidential parcel” means all parcels that are improved with uses other than residential units. “Non-safety departments” means all operating departments of the City, except police and fire. “Parcel” shall mean a unit of real property in the City of Oakland as shown on the most current official assessment role of the Alameda County Assessor. “Residential parcel” means all parcels that are improved with one or more residential units. “Residential unit” means a building or structure, or portion thereof, designed for or occupied exclusively by one household, including unrelated persons who live together and maintain a common household. “Single-family residential parcel” means all parcels which are improved with only one residential unit. “Tax” or “Oakland Vacant Property Tax” means the special tax authorized by this Ordinance. “Undeveloped parcel” means all parcels, regardless of zoning or other land use designation, upon which no permanent improvements have been constructed or placed. “Use” means the performance of a function or operation. Section 4.56.020. Determination of Vacancy A. For the purposes of this ordinance, a parcel of real property shall be deemed “vacant” and subject to the tax imposed by Section 4.56.030 below if the parcel is any of the following: 2932066.22 2486521 -4- 1. A parcel of land, whether undeveloped, residential (including multifamily residential), or non-residential, that is in use less than fifty (50) days during a calendar year. 2. A condominium, duplex, or townhouse unit under separate ownership that is in use less than fifty (50) days during a calendar year. 3. A parcel of land where ground floor commercial activities are allowed by the applicable zoning (with or without a use permit) or are a legal nonconforming use and all of the ground floor space that could be lawfully occupied by commercial activities is in use less than fifty (50) days in a calendar year. B. The City Council shall establish, by ordinance, a method for determining and identifying the use and vacancy status of each parcel of real property in the City. Section 4.56.030. Imposition of Parcel Tax on Vacant Property A. A special tax in the amounts set forth below is hereby imposed on every vacant parcel of real property within the City, other than those exempted, as described below. B. The tax constitutes a debt owed by the Owner of each parcel to the City. C. Unless the City Council selects another method for collection of the tax, the County shall levy and collect the tax on each parcel of real property in the City for which the Owner receives a separate ad valorem property tax bill, at the same time and manner, and subject to the same penalties and procedures as ad valorem property taxes collected by the County except as otherwise set forth in this Ordinance. D. If the City Council selects collection of the tax by the County, the tax shall be imposed on the ad valorem property tax bill for the fiscal year that begins July 1 following the end of the calendar year in which the parcel was vacant. The special tax shall first be imposed no sooner than the ad valorem property tax bill for fiscal year 2020-2021 for parcels that were vacant in the previous calendar year. 2932066.22 2486521 -5- E. Tax Rates. 1. The maximum tax rates for each property type shall be as set forth in the table below. The City Council may lower, but not increase, the rates, and may by Ordinance adopt further categories of exemption. The City shall be responsible for assigning a tax rate for each parcel. PROPERTY TYPE Residential Condominium, duplex, or townhouse unit under separate ownership Nonresidential Parcel with ground floor commercial activity allowed but vacant Undeveloped ANNUAL TAX RATE $6,000 per parcel $3,000 per vacant residential unit $6,000 per parcel $3,000 per parcel $6,000 per parcel 2. For parcels with multiple units, whether residential or non-residential, the parcel is not vacant if any unit on it is not vacant. A condominium, duplex, or townhouse unit under separate ownership is treated as a separate parcel for the purposes of this Chapter, and if it is vacant, is subject to the tax regardless of the status of any other unit on the same lot or that is part of the same development. 3. For parcels where ground floor commercial activities are allowed by the applicable zoning (with or without a use permit) or are a legal nonconforming use, if all of the ground floor space that could be lawfully occupied by commercial activities is vacant, then the parcel shall be subject to the tax regardless of whether any other portion of the structures on the parcel are occupied. F. Real property otherwise wholly exempt from ad valorem tax by state law shall also be exempted from the tax imposed by this Ordinance. G. Adjustment in Tax Rate The City Council may, by resolution, establish an annual tax rate less than the maximum amount then authorized. Following any such decrease in the annual tax rate, the City Council may, by resolution, increase the annual tax rate to the maximum rate then permitted, or to any other amount less than the maximum rate then permitted, without obtaining voter approval. H. For parcels divided by Tax Rate Area lines, the payment for the portion of the parcel within Alameda County shall be calculated at the same rates as set forth above. For properties wholly within Alameda County and divided by Tax Rate Area lines into 2932066.22 2486521 -6- multiple parcels, the property shall be taxed as a single parcel at the rates set forth above. I. Imposition of Tax by Zones The City Council may, by ordinance, establish zones or areas within the City and may restrict the levy of the tax to properties within the zones or areas established. J. Exemptions 1. The following shall be exempt from the tax imposed by this Ordinance: a. An Owner who qualifies as very low-income, as the term “very low income” is defined by the United States Department of Housing and Urban Development. b. An Owner for whom the payment of the tax imposed by this Ordinance would be a financial hardship due to specific factual circumstances. c. An Owner whose property is vacant as a result of a demonstrable hardship that is unrelated to the Owner’s personal finances. d. An Owner who can demonstrate that exceptional specific circumstances prevent the use or development of the property. By way of example only and without limiting the generality of the foregoing, exceptional specific circumstances that prevent the use or development of property include property damage by a recent natural disaster, an undeveloped parcel adjoining a developed residential parcel and used by the occupants as part of the yard, and property with physical conditions that prevent development. The details of this exemption shall be further defined by separate ordinance of the City Council. e. An Owner of a property that is under active construction. To qualify for this exemption, an Owner must call for inspections of the construction with sufficient frequency to keep the building permit or permits active. f. An Owner of property for which an active building permit application is being processed by the City. g. An Owner (1) who is 65 years of age or older and (2) who qualifies as “low income,” as the term “low income” is defined by the United States Department of Housing and Urban Development. h. An Owner who, regardless of age, (i) receives Supplemental Security Income for a disability or (ii) Social Security Disability Insurance benefits, regardless of age and whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services. 2932066.22 2486521 -7- i. An Owner that is a non-profit organization or entity owned or controlled by a non-profit organization. j. An Owner of a parcel included in a substantially complete application for planning approvals that has not yet received approval. An Owner of a parcel for which a project with development entitlements have been approved but needing time for completion may apply for and receive an administrative two-year exemption. 2. The City Administrator’s Designee (which if not otherwise designated shall be the Finance Director) shall establish the procedures and guidelines for owners to apply for, and grant, the exemptions identified in this section. Owners who claim an exemption may be required to submit information annually to substantiate their continuing qualification for the exemption. 3. The City Council may, by ordinance, establish such other exemptions to the tax imposed by this Ordinance and the authorized methods of collection of the tax, as it determines to be appropriate. 4. The City Council may, by ordinance, provide supplemental definitions for the exemptions in this section and for the administration of the exemptions as part of the collection of the tax. Section 4.56.040. Vacant Property Tax Fund The "Vacant Property Tax Fund" ("Fund") is hereby created as a special revenue fund. Proceeds from the Oakland Vacant Property Tax Act, including penalties and interest earned on such proceeds, shall be deposited into the Fund and used only for the purposes listed in Section 4.56.050. Section 4.56.050. Use of Vacant Property Tax Act Revenue A. Monies deposited in the Vacant Property Tax Fund shall be used solely for those purposes identified in this Section. B. Tax funds may be used to provide services and programs to homeless people, to reduce homelessness, and to support the protection of existing and production of new housing affordable to lower income households as defined in California Health and Safety Code Section 50079.5 at an affordable housing cost or affordable rent as defined in Health and Safety Code Sections 50052.5 and 50053. Examples of such uses include, but are not limited to: 1. Job training, apprenticeship, pre-apprenticeship, drug treatment, and job readiness assistance programs for homeless people or those at risk of becoming homeless; 2932066.22 2486521 -8- 2. Assistance connecting homeless people or those at risk of becoming homeless with available services and resources, including assistance applying for housing or public benefit programs; 3. Housing assistance, including the provision of temporary housing or move-in expenses, such as first-month’s rent and a security deposit, and emergency rental assistance; 4. Sanitation, bathroom, and cleaning services related to homeless encampments, and programs to supplement remedying and deterring blight and illegal dumping throughout the City; 5. Incentive programs to encourage property owners to make space available for low-income housing, including making funds available for physical improvements to enable a unit to be used for a voucher-based housing program; 6. Relocation assistance funding for low-income households facing displacement; 7. Financial assistance for the design, development, construction or operation of affordable housing units, including housing alternatives such as, without limitation, shipping container homes, accessory dwelling units and small homes. 8. Accessibility support to provide or maintain housing, and make needed improvements for accessibility, for seniors and persons with disabilities; and 9. Displacement prevention, tenant education and assistance, emergency rent assistance; and 10. Navigation centers to provide space for people to stay, along with on-site support services for the homeless. Funding may be used for both capital and operating costs related to navigation centers; and 11. Code enforcement and cleanup of blighted vacant properties, other blight elimination, and remedying illegal dumping, including legal action to address any of the foregoing as necessary, no less than twenty-five percent (25%) of the revenue deposited into the Vacant Parcel Tax Fund in any single year shall be used to pay for the uses listed in this paragraph. C. Monies in the Vacant Property Tax Fund may be used to pay the costs of audits of the use of monies in the Fund. D. Monies in the Vacant Property Tax Fund may be used to pay for the City’s costs of the election required to obtain voter approval of the tax authorized by this Ordinance, including City Attorney costs to prepare this Ordinance and related documents. City 2932066.22 2486521 -9- Attorney costs shall be deposited in a Revenue account for sole use by the Office of the City Attorney. E. Monies in the Vacant Property Tax Fund may be used to pay for the costs of administering the special tax, regardless of how or by what entity those administrative services are provided. No more than fifteen percent (15%) of the revenue deposited into the Vacant Parcel Tax Fund in any single year may be used to pay for such administrative costs, except that revenue used to pay for the costs of the Commission on Homelessness established by Section 4.56.060 shall not count toward the fifteen percent (15%). Notwithstanding the foregoing, the City shall be reimbursed for its actual costs of establishing the program for collecting the tax, which costs shall be confirmed by the City Auditor. Administrative costs include, but are not limited to: 1. The costs to the City of determining and identifying the use and vacancy status of every parcel in the City; 2. The costs to the City associated with monitoring and enforcing compliance with this Ordinance. Authorized costs include, but are not limited to, any expenses, including attorneys’ fees, associated with any proceedings needed to enforce the requirements of this Ordinance; 3. The costs to the City associated with developing ordinances and regulations to implement this Ordinance; 4. The costs to the City associated with the operations of the Commission on Homelessness established by Section 4.56.060 of this Ordinance; and 5. Reimbursement to the County for the costs it incurs in collecting the tax. F. If this Ordinance or the use of tax funds is legally challenged, tax funds may be used to reimburse the City for its costs of legal defense, including attorneys’ fees and other expenses. Section 4.56.060. Commission on Homelessness A. The Commission on Homelessness is hereby established for citizen oversight of the Oakland Vacant Property Tax. B. The Commission shall meet at least four (4) times per fiscal year. C. The Commission shall review relevant financial and operational reports related to the expenditure of the Homeless Services Fund. The Commission shall publish an annual report regarding how and to what extent the City Council and Mayor have implemented this Ordinance. Additionally, the Commission shall be requested to publish reports regarding the following: 1) recommendations from the Commission on how to prioritize the 2932066.22 2486521 - 10 - allocation of funds in accordance with the requirements of this Ordinance, including for: services and programs for homeless people, reduction of homelessness, and supporting the provision of Affordable Housing to households qualifying as at least low-income households; and 2) information, if available, concerning the impacts of this Ordinance on homelessness and illegal dumping outcomes in the City. The City Council may assign other duties to the Commission as provided for by Ordinance. Within 15 days of receipt of a Commission report, the City Administrator or designee shall cause the report to be published on the City’s Internet website and to be transmitted to the City Council. Any recommendations from the Commission on prioritization of funds in accordance with the requirements of this Ordinance shall be approved no later than February 1st for incorporation into the City budget for the following fiscal year, and such report shall be transmitted to the Council and public for informational purposes in the budget or as an informational report at the meeting at which the City Council appropriates funds generated by the Special Supplemental Business Tax. D. The Commission shall consist of nine (9) members who are all residents of the City. No less than half of the members must be residents of Heavily Impacted Neighborhoods. No less than two members must be currently homeless, formerly homeless or low-income, as the term “low income” is defined by the United States Department of Housing and Urban Development. No less than three members must have professional expertise in, or be providers of, homeless services or housing. No less than one representative must have financial expertise. Members may fulfill more than one of these criteria for the purposes of meeting these requirements. City Councilmembers shall make recommendations for members to the Mayor. Members of the Commission shall be appointed by the Mayor and confirmed by the City Council in accordance with City Charter section 601. Members of the Commission shall receive no salary for serving. E. Members shall serve three (3) year terms, as provided for in this subsection. No member shall serve more than two (2) consecutive three (3) year terms. Of the initial members of the Commission, three (3) appointments shall be for one-year terms, three (3) appointments shall serve for two-year terms, and three (3) appointments shall be for threeyear terms. Thereafter, all terms shall be for three (3) years. All terms of members shall begin as of the date that six (6) members have been appointed, which is when the Commission may begin its work. All future terms shall begin and end on that date. A quorum of the Commission shall be a majority of appointed members, but shall never be fewer than three (3) members. A member may be removed for cause pursuant to City Charter section 601. Absence from three (3) consecutive regular meetings, or four (4) nonconsecutive regular meetings during a single fiscal year, may constitute cause for removal from the Commission, in accordance with City Charter section 601. F. The City Administrator or designee shall provide clerical assistance and administrative support and technical assistance to the Commission. 2932066.22 2486521 - 11 - Section 4.56.070. Accountability A. In accordance with the requirements of California Government Code Sections 50075.1 and 50075.3, the following accountability measures, among others, shall apply to the tax: 1. A separate, special account, referred to as the Vacant Property Tax Fund, shall be created, into which the proceeds of the tax must be deposited. 2. The specific purposes of the tax are for the funding of programs and services for homeless people, to reduce homelessness, and to support the provision of affordable housing and for as the other purposes set forth in Section 4.56.050 of this Ordinance. The proceeds of the tax shall be applied only to these specific purposes. 3. The Commission established by Section 4.56.060 shall perform the oversight functions listed in that Section to ensure that the revenue from the tax is spent solely for the purposes listed in Section 4.56.050. 4. The City Auditor shall perform regular audits to ensure accountability and proper disbursement of all revenue collected by the City from the tax imposed by this Ordinance, in accordance with the objectives stated herein and in compliance with provisions of California law. B. The City’s current General Purpose Fund expenditures for illegal dumping remediation may not be replaced by this tax. For any year during which this tax is in effect, if the City’s General Purpose Fund expenditures on illegal dumping remediation are less than the amount expended in the 2018-19 fiscal year, this tax shall not be levied and collected. In the event that a severe and unanticipated financial or other event occurs that so adversely impacts the General Purpose Fund as to prevent the City from budgeting for and maintaining the level of General Purpose Fund expenditures on illegal dumping remediation at the fiscal year 2018-2019 level, then the tax may nevertheless be levied and collected, if both of the following two conditions are met: (1) The City’s reduction to General Purpose fund illegal dumping remediation expenditures is no more than the same proportion of reduction that is imposed on the City’s net General Purpose Fund budget for non-safety departments; and (2) The City Administrator submits a report to the City Council explaining the severe and unanticipated event, the steps that were taken by the City to avoid the need to reduce General Purpose Fund expenditures on illegal dumping remediation, and the steps that will be taken by the City in the future to restore the fiscal year 2018-19 level of General Purpose Fund expenditures on illegal dumping remediation. Such actions must be taken for each fiscal year in which the City fails to meet the level of General Purpose fund illegal dumping remediation spending required by this paragraph. Following any General Purpose Fund reduction in illegal dumping remediation from the 2018-19 fiscal year level and for the tax to be levied in any subsequent year, the level of General Purpose Fund expenditures on illegal dumping remediation must be increased proportional to the 2932066.22 2486521 - 12 - increases in the non-safety departments’ net General Purpose Fund budgets up to at least the fiscal year 2018-19 level of General Purpose Fund expenditures on illegal dumping. Section 4. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 5. California Environmental Quality Act Requirements. The City Council hereby determines that this Ordinance is not in-and-of-itself a “project” pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., including without limitation CEQA Guidelines 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the adoption of the ordinance itself may have a significant effect on the environment. To the extent that vacant property tax revenues generated by the Ordinance may in the future be used to fund the construction of capital improvements, the Ordinance may assist in the financing of future “projects” that will be subject to environmental review pursuant to CEQA at the “earliest feasible time” prior to “approval” consistent with CEQA Guidelines Sections 15004 and 15352. Section 6. Approval; Effective Date. This Ordinance, and all the provisions thereof, shall become effective only upon affirmative passage by a two-thirds majority vote of the voters voting on the Ordinance. This Ordinance shall be considered adopted on the date that the City Council declares the results of the election at which it was voted upon and shall be effective ten days thereafter. Section 7. Council Amendments. This Ordinance may only be amended by a vote of the people if the amendment would result in the special tax being imposed, extended, or increased in a manner not authorized by this Ordinance as originally approved by the voters. The City Council of the City of Oakland is hereby authorized to amend Chapter 4.56 of the Oakland Municipal Code as adopted by this Ordinance in any manner that does not increase the tax rates, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution. 2932066.22 2486521 - 13 - Section 8. City of Oakland Vacant Property Tax Collection Law. The City shall collect the tax pursuant to rules and procedures established by the Vacant Property Parcel Tax Collection Law. Section 9. Expiration of Tax. This Ordinance shall expire 20 years after it is first levied. By way of example only and without limiting the generality of the foregoing, if the tax were first levied in the 2020-21 tax year, the 2040-41 tax year would be the last year in which it may be levied. The voters of the City of Oakland may amend the term of the tax at any time prior to its expiration. ; and be it FURTHER RESOLVED: that each ballot used at said general municipal election shall have printed therein, in addition to any other matter required by law, the following: Shall the Measure, to fund homeless services and resources to address illegal dumping, and discourage vacant properties, by enacting a Vacant Property Tax on parcels in use less than 50 days per year, at annual rates of $6,000 per parcel, and $3,000 for a condominium unit; raising about $10,000,000 annually for 20 years; with audits, community oversight, exemptions for very low income, lowincome seniors and hardship, be adopted? 1. Y Yes 2. No [SUBJECT TO CITY ATTORNEY APPROVAL ; and be it FURTHER RESOLVED: that the City Council hereby authorizes and directs the City Clerk of the City of Oakland (the “City Clerk”) at least 88 days prior to November 6, 2018, to file with the Alameda County Clerk certified copies of this Resolution; and be it FURTHER RESOLVED: that the City Council does hereby request that the Board of Supervisors of Alameda County include on the ballots and sample ballots recitals and measure language to be voted on by the voters of the qualified electors of the City of Oakland; and be it 2932066.22 2486521 - 14 - 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: 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 Government Code and the Election Code of the State of California; 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 Ordinance and rebuttals, and said date shall be posted in the Office of the City Clerk; and be it 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 2018 general municipal election and appropriate all monies necessary for the City Administrator and City Clerk to prepare and conduct the November 6, 2018 general municipal election; and be it FURTHER RESOLVED: that this resolution shall be effective immediately upon approval by five members of the Council. IN COUNCIL, OAKLAND, CALIFORNIA _________________, 2018 PASSED BY THE FOLLOWING VOTE: AYES NOES ABSENT ABSTENTION ATTEST: _______________________________ LATONDA SIMMONS City Clerk and Clerk of the Council Of the City of Oakland, California 2932066.22 2486521 - 15 - ATTACHMENT A WDISTRICTB 1 My? DISTRICT 5 (i DISTRICTZ 9? - Ptoposed Tracts DISTRICT 7 293206622 2486521 - 16 -