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An amendment to the City Charter
City of Oakland
Amendment to City Charter - Majority Approval Required
Official Final Results
Pass: 36097 / 71.8% Yes votes ...... 14145 / 28.2% No votes
Index of all Measures
|Information shown below: Summary | Fiscal Impact | Impartial Analysis | Arguments | Full Text|
Shall the City Charter be amended to require that the City (1) set aside 3.0% of its annual unrestricted General Purpose Fund revenues for grants to children's and youth services, (2) in addition to the set aside, continue to spend the amount that the City already spends on children and youth, and (3) every twelve years extend these requirements for twelve more years or seek voter approval of the extension?
If the voters do not pass the proposed Charter amendment, Measure 00 would remain in effect, requiring that beginning July 1, 2009 the City set aside 1.5% each year for two years, and thereafter 2.5% per year of the City's "total revenues." Measure 00 was adopted by the voters in November 2008; it replaced the original measure that the voters approved in 1996, which set aside 2.5% of the actual unrestricted general purpose fund revenue each year.
Both the proposed Charter amendment and Measure 00 require that the City continue base spending for children's and youth programs in addition to the mandated set aside. The base spending amount under existing law (Measure 00) would be greater than the base spending amount under the proposed Charter amendment because Measure OO's base spending amount would be based on total audited actual City expenditures instead of the City's actual unrestricted general purpose fund revenue.
Both the proposed Charter amendment and Measure 00 require that the City continue the Planning and Oversight Committee which is tasked with developing strategic investment plans for appropriating the funds, soliciting funding applications from non profit and public agencies and making recommendations to the City Council to fund specific agencies whose programs support children's and youth programs.
A yes vote on this measure would amend the Charter to maintain a set aside for children's and youth programs by requiring that the City set aside 3.0% of its unrestricted general purpose fund revenue for such programs. A no vote would retain Measure 00 which sets aside a percentage of the City's "total revenues" for children's and youth programs.
s/JOHN RUSSO City Attorney
Difference between Measure 00 and Measure D: $3,655,825
The set-aside amount in FY 2009-10 is projected to be $3,655,825 less under Measure D compared to Measure 00. The set -aside monies under either Measure 00 or Measure D would come from the GPF. The difference of $3,655,825 would remain in the GPF for spending priorities of the Mayor and City Council.
Under Measure 00, the set-aside percentage increases to 2.5% for the third year and thereafter. The projected difference between Measure 00 and Measure D increases to $13,727,427 in the third year using the same revenue amounts used for calculating the FY 2009-10 set-aside amounts as shown in the table below.
Difference between Measure 00 and Measure D: $13,727,427
Approval of Measure D would increase the flexibility of the Mayor and City Council over spending priorities as a larger share of discretionary GPF monies would available. Rejection of Measure D would likely decrease the flexibility of the Mayor and City Council over spending priorities as a smaller share of discretionary GPF monies would be available.
Measure D does not impose any new City tax or remove any existing tax. Measure D also does not increase or decrease any existing City tax rates.
Our estimates are based upon currently available data. Actual results may vary from our estimates.
siCOURTNEY A. RUBY, CPA City Auditor
If the proposed Charter amendment does not pass, the City will be required to set aside funds for children's and youth programs in accordance with Measure 00. Measure DO's set aside is substantially higher than the set aside provided by the proposed Charter amendment because Measure 00 sets aside a percentage of the City's "total revenues" and the proposed Charter amendment sets aside only a percentage of the actual unrestricted general purpose fund revenue. "Total revenues" is a much larger amount than unrestricted general purpose fund revenue. The unrestricted general purpose fund revenue includes funds that the City can spend for any lawful purpose. On the other hand, the City's "total revenues" includes revenues that the City is legally prohibited from spending on anything other than the purposes authorized by law or t.he funding source. (For example, government grants for programs such as Head Start can be used only for the purposes authorized by the granting agency.) The increase in the set aside under Measure 00 would reduce the amount that otherwise would be available to pay for other municipal programs, services and operations.
Both the proposed Charter amendment and Measure 00 require that the City continue base spending for children's and youth programs in addition to the mandated set aside. The base spending amount under Measure 00 would be greater than the base spending amount under the proposed Charter amendment because Measure D's base spending amount would be based on total audited actual City expenditures instead of the actual unrestricted general fund.
The proposed Charter amendment could be further amended or deleted only by Oakland voters at a special or general election.
s/JOHN RUSSO City Attorney
League of Women Voters
|Arguments For Measure D|
Measure D was placed on the ballot with support from the Kids First Coalition that wrote and passed Measure 00 last November.
Measure D adjusts the City's budget priorities to make sure all services affecting children, including public safety ,libraries and recreation, get their fair share of funding and it makes sure we don't have to make drastic cuts in basic city services, such as police, fire and senior programs, that we just cannot afford to lose.
Measure D is balanced. It provides a fair share of city funds for kids programs as well as other vital services for families and seniors. Without Measure D, Oakland would actually be forced to cut safety, library and recreation services that now help children.
Measure D will restore $4 million in essential services - police, fire, libraries, parks and recreation, senior services, and many others - and still provide for increases in children's programs beyond those called for in the original Kids First program.
A "YES" vote on Measure D WILL NOT increase taxes for any Oakland resident or business.
A "YES" vote on Measure D WILL guarantee more funding for children's programs.
A "YES" vote on Measure D WILL preserve funding for other crucial services including police, fire, libraries and senior programs.
Please join public safety, senior and park advocates and the Kids First Coalition in voting "Yes" on Measure D to save vital city services for children, families and seniors.
s/Nicholas J. Vigilante
s/Wade W. Sherwood
(No arguments against Measure D were submitted)
|Full Text of Measure D|
|An Amendment To The Oakland City Charter Section 1300 to Provide Funding For the Kids First! Oakland Fund For Children And Youth In The Amount Of Three Percent (3.0%) Of The Actual Unrestricted General Purpose Fund (Fund 1010) City Revenue
WHEREAS, The Kids First! Oakland Fund for Children and Youth was established by voter approved ballot Measure K in 1996 to set money aside for programs and services benefiting children and youth. such as afterschool programs, mentoring programs, recreational programs, pre-school and job training programs; and
WHEREAS, it is critical to continue funding to services and programs that benefit Oakland's children and youth at a level that is fiscally responsible; and
WHEREAS, in 2008 the voters repealed Measure K and replaced it with Measure 00; and
WHEREAS, the Council wishes to amend City Charter section 1300, Measure 00; now therefore be it
RESOLVED: That the City Council of the city of Oakland does hereby submit to the voters at the next municipal election the following:
AN AMENDMENT TO THE OAKLAND CITY CHARTER TO PROVIDE FUNDING FOR THE KIDS FIRST! OAKLAND FUND FOR CHILDREN AND YOUTH IN THE AMOUNT OF THREE PERCENT (3.0%) OF THE ACTUAL UNRESTRICTED GENERAL PURPOSE FUND (FUND 1010) CITY REVENUE
Be it ordained by the People of the City of Oakland:
Section 1. Title.
This Act shall be known and may be cited as "Kids First!The Oakland Fund for Children and Youth Act."
Section 2. Findings and Purpose.
The people of the City of Oakland hereby make the following findings and declare their purpose in enacting the Act is as follows:
(a) Teens and young adults comprise too many of Oakland's homicide victims every year. Many of these deaths are due to gun violence.
(b) Many students in Oakland public schools do not graduate from high school. The percentage of Oakland students who do not graduate high school is much higher than the statewide average.
(c) It is critical to address root problems before they start by providing support services for children and youth and their families, like after-school and community based programs that keep children and youth out of trouble, encourage parent involvement and teach non-violent conflict resolution.
(d) The Kids First! - Oakland - Oakland Fund for Children and Youth was established by a voter approved ballot measure in 1996. The measure set aside two and one half (2.5%)
(e) Kids First! - The Oakland Fund for Children and Youth puts money into programs that work.The Center on Juvenile and Criminal Justice reported that Oakland has a 69 percent drop in juvenile crime from 1995 to 2005, making Oakland the city with the lowest juvenile crime rate out of the eight largest cities in California. This is because of programs funded through measures like Kids First!
(f) In order to
(g) This Act will protect and expand the services that help keep Oakland children and youth on the right track. Programs funded by this measure will provide after-school programs that give children and youth positive alternatives and safe places away from the negative influences of the streets.
Section 3. Amendment to Article XIII of the City Charter of the City of Oakland. Article XIII of the City Charter of the City of Oakland is hereby amended to read as follows:
ARTICLE XIII KIDS FIRST! OAKLAND CHILDREN'S FUND
Section 1300. Notwithstanding any other provision of law, effective July 1, 2009 and continuing through June 30,
The annual amount of actual unrestricted General Purpose Fund (Fund 1010) revenues shall be estimated by the City Administrator and verified by the City Auditor. Errors in calculation for a fiscal year shall be corrected by an adjustment in the set aside depending upon whether the actual unrestricted General Purpose Fund (Fund 1010) revenues are greater of less than the estimate. Actual unrestricted General Purpose Fund (Fund 1010) revenues shall not include funds granted to the City by private agencies or by other public agencies and accepted and appropriated by the City.
Notwithstanding any other provision of law, effect July 1, 20011, the Fund shall receive revenues in an amount equal to 3.5% of the City of Oakland's annual total revenues ann appropriated as specified in this Act each year; together with any interest earned on the Fund and any amounts unspent or uncommitted by the Fund at the end of any fiscal year. The actual funds deposited in the Fund pursuant to the Act shall only come from unrestricted revenues of the City of Oakland.
No less than 90% of the monies in the Fund shall be used to pay for eligible services for children and youth. No more the 10% of the monies in the Fund may be used for independent third-party evaluation, strategic planning, grand making, grants management, training and technical assistance, and communications and outreach to ensure effective public participation.
Eligible Services Section 1301. Monies in the Fund shall be used exclusively to:
1. support the healthy development of young children through pre-school education, school-readiness programs, physics and behavioral health services, parent education, and case management;
2, help children and youth succeed in school and graduate high school through after-school academic support and college readiness programs, arts, music, sports, outdoor education, internships, work experience, parent education, and leadership development, including civic engagement, service-learning, and art expression:
3. prevent and reduce violence, crime, and gang involvement among children and youth though case management, physical and behavioral health services, internships, work experience, outdoor education, and leadership development, including civic engagement, service-learning, and arts expression;
4. help youth transition to productive adulthood through case management, physical and behavioral health services, hard-skills training and job placement in high-demenad industries, internship, work experience, and leadership development, including civic engagement, service-learning, and arts expression.
Excluded Services Section 1302. Monies in the Fund shall not be appropriated or expended for:
1. any service which merely benefits children and youth incidentally;
2, acquisition of any capital item or real property not for primary and direct use by children and youth:
3. maintenance, utilities or any similar operating cost of any facility not used primarily and directly by children and youth;
4. any service for which a fixed or minimum level of expenditure is mandated by state or federal law, to the extent of the fixed or minimum level of expenditure.
Strategic Investment Plan
Section 1303. Appropriations from the Fund shall be made pursuant to a Three-Year Strategic Investment Plan, with first Plan beginning July 1, 2010.
Each Three-Year Strategic Investment Plan shall be developed with the involvement of young people, parents, and service providers throughout the city, and the Oakland Unified School District, the County of Alameda, and City of Oakland. Each Three-Year Strategic Investment Plan shall take into consideration the results and findings of the independent third-party evaluation.
Each Three-Year Strategic Investment Plan shall:
Each Three-Year Strategic Investment Plan shall be evaluated for its service performance and youth impact results by an independent third-pary evaluator.
Open and Fair Application Process
Section 1304. All monies in the Fund shall be appropriated pursuant to a Three-Year Strategic Investment Plan, to private and non-profit and public agencies through an open and fair application process.
Planning & Oversight Committee Section 1305. The Children's Fund Planning & Oversight Committee ("Planning & Oversight Committee") established pursuant to Measure K which was approved by the votes of Oakland in 1996 shall continue to operate. Each City Councilmember shall appoint two Oakland residents, one of whom shat be a resident not older than 21 years, to serve as members of the Planning & Oversight Committee. The appointees shall demonstrate a strong interest in children and youth issues: and possess sound knowledge of, and expertise in, children and youth policy development and program implementation. Effective July 1, 2009, the Mayor shall only be permitted to appoint one (1) Oakland resident and shall therefore remove two his previous appointments no later than June 30, 2009.
The Planning & Oversight Committee shall be responsible for:
Base Spending Requirement
The Base Spending Requirement is the amount required based on the application of the base year percentage to the total audited actual City unrestricted General Purpose Fund (Fund 1010) in a fiscal year.
The Base Year Percentage is defined as
Not later than October 1, 2009 the City Auditor shall calculate and publish the Base Year Percentage, and shall specify by City Department each eligible service, budget expenditure amount, and funding source included in the calculation of the base year eligible services.
Not later than 90 days after the end of each fiscal year beginning with fiscal year 2009-2010, the City Auditor shall verify that the City of Oakland expended funds each year of eligible services in an amount no less than the amount required under the Base Spending Requirement; except to the extent that the City of Oakland ceases to receive federal, state, county, or private foundation funds that the funding agency required to be spent only on these services.
If the City Auditor finds that in any fiscal year the amount of funds expended for eligible services is less than the Base Percentage Requirement, the City of Oakland shall increase expenditures for eligible services within the following two years so that the correct amount of funds is expended.
Monies from the Fund shall not be appropriated for services that substitute for or replace services included in the City Auditor's Base Spending Requirement, except to the extent that the City of Oakland ceases to receive federal, state, county, or private foundation funds that the funding agency required to be spent only on these services.
Section 4. Severability.
If any provision of this Act or any application thereof to any person or circumstance is held invalid, such invalidity shall not affect any provision or application of this Act that can be given effect without the invalid provision or application. To this end, the provisions of this Act are severable.
Section 5. Reauthorization. Section 1307. This section may be extended for an additional twelve years beginning July 1, 2021 by a simple majority vote of the City Council. If the City Council does not extend this section, then the City Council shall place the question of whether to extend this section on the November 2020 ballot for a vote of the electorate. This process will be repeated every twelve years or until reauthorization is rejected by a vote of the electorate.