November 2 2004 Measures Y Z Sample Ballot

7/29/2019 November 2 2004 Measures Y Z Sample Ballot

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CITY OF OAKLANDPROPOSED ORD ANCE

A proposed Ordinance (1) Creating A Special ParcelTax And (2) Increa ing The Parking Tax In Order ToFund Violence And Crime Prevention ProgramsCITY OF OAKLAND MEASURE Y

MEASURE Y: To reduce violent YEScrime and increase public safetyshall the City of Oakland increase NOsucces ful after chool, counseling, truan- ' - - - - - - -1cy, and job training programs, early intervention programs for children w 0 witness violence, programs toprevent child abuse and domesti violence, and in-crease community pol ice officers, paramedics anderne gency fire personnel in each neighborhood byauthorizing a surcharge on parking in commercial parking lots and parcel tax subject to annual performanceand financial audits by a citizens over ight committee?

CITY ATTORNEY'S BALLOTTITLE ANDSUMMARY OF MEASURE YTitle:Violence Pr vention and Public Safety Act of 2004. APropos d Ordinance Creating A Parcel Tax And a ParkingSurcharge on Parking in Commercial Parking Lots InOrder To Fund Violence, Crime and Fire PreventionProgramsSummary:This or in ce raise revenue t fund violence, crime andfire prevention program' i the City of Oakland.The revenue will come from a new parcel tax along with asurcharge on those wh park in commercial parking lots.The pennitted u. e of the revenue are community andneighborhood poli ing (hiring nd maintaining an addit ional 63 polic offi ers above the currently budgeted 739officer. , violence prevention se ices with an emphasison youth, and fire ervices. The revenue allocated to theviolence prevention services will be not less than 40% ofthe total proc eds allocated for community and neighborhood policing plus violence prevention service . $4 million of the tax proceed will be allocated to fire ser ices.The parcel tax ill be $88.00 for a single family residential parcel, $60.12 for each unit in a multi-family residential parcel. For non-residential parcels, the parcel taxvaries depending on the frontage, area and u e of the property. Se the fonnul at Part 3, S etion 2(c).The urcharge for tho e who park in commercial parkinglots will be 8 12%.

s/JOHN RUSSOCity Attorney

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CITY ATTORNEY'S IMPARTIAL ANALYSISOF MEASUREYCalifornia citie may imp e pecial taxes only' two

third' of a ity's voters approve the tax. (Cali forniaConstitutionArticle 13(A) '4.) A "special" tax is a tax thatthe City can use only for the purp es pecified in the taxmea ure. To fund violen and crime preventio programs, till measure a.'k Oakland voters to approve (1) aparcel ta and (2) a surcharge n parking in ommerciallots. With the tax rates a, calculated in this measure, andupon two-thirds voter approval, esc taxes would becon titutional.Purpose of the TaxThe revenue generated from this tax may be expendedonly:A.For fire ervices staff, equipment and paramedicervices ($4 million),B. For preventive social rvice, in luding youth outrea h eoun elors, after-school and in-school program' for at-risk adole cent and children, domesticviolence and child abuse counselors, and x-offi nderemployment training,

C. To hire 63 new worn police officers, inel ding atleast one officer for each existing community olicing beat for combating truancy, for a crime r uction team for domestic viole e and child abu eintervention, and for community policing trainingand equipment.At least 40% of the tax revenue remaining af ter the $4million de ignated for fire servi es must be appropriatedfor preventive social ervices.Indep ndent AuditThi measure al 0 requires an annual indepen ent auditand esta li he. a "Viol nce Prevention and Public SafetyOversight Committe "to review the annual audit ,evaluate the effectivene of the programs, and make recommendations to the Mayor and City Council regarding regulations.Tenn of the Tax: Amount of TaxFo r ten year, this me ure would impose 1) a parkingurcharge of eight and one-half ( 8 ~ ) percent on everyrented parking pace in commercial parking lots in theCity and (2) a parcel tax.For re idential property parcels, the annual par el tax

rate would be (1) $88.00 for single-family parcels and (2)$60.12 per unit for multi-unit residential parcels. For nonresidential parcels, the tax would be $45.07 multiplied bythe number of Single Family Equi a1 nts ("SFE '). Aproperty's SFE number is b ed on the parc l ' frontageand squ re footage. (See the Prop sed Ordinance Part 3Section 2(e) for the formula.) ,ExemptionsOwners of undeveloped parcels are exempt from thisparcel tax for e ch year that they can prove to the City thattheir parcel w undeveloped for at least six months of theyear. All fu ds collected from the r el tax and the park

ing urcharge ill be deposited into a special fund.


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The City may collect the taxes authorized by this measure only if the City's appropriation for worn police officer (without inclu ing the La es raised by this mea ure)i at least equal to the amount necessary to employ 739officer. .s/JOHNRUSSOCity Attorney

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CITY AUDITOR'S IMPARTIAL FINANCIALANALYSIS OF MEASUREY

SUMMARYTill measure authorizes the City of Oakland to c Hect anannual tax on all parcels and to increase the parking taxrate until December 31 2014. in order to raise revenueneces ary to fund violence and crime prev ntion programs'and enhance fire safety. These funds will be used for thefollowing purposes:1. To hir 63 officers assign d to Community andNeighborhood Policing2. To expand Violence Prevention Services3. To maintain staffing and equipment for Fire Services.Applicants must demon trate tha their program meets thestated objective in order to be eligible to receiv distributedfunds. The City Council will detennin both the recipientsand the amount of revenue di tnbuted t each recipIent.A Citizen's Over ight Committee appointed by the Mayorand the City CounciJ will be established to in ure that allfunds are spent on these programs and servic s. The ordinance tate that an independent annual audit will be performed to assure accountability and that the proper disburs ment of the incremental proceed of the parcel andparking taxes are in a cordance with the ordinance s statedobjectives. The ordinance contain a provision to financethe cost of performing these audits.FISCAL IMPACTThe City of Oakland projects that it would need to raiseapproximately $19,920,000 annually to fully implement theviolence and crime pr vention programs. EliCh SingleFamily Residential p rcel shall be taxed at an annual rate of$88.00. All other parcels shall be taxed on a Single FamilyR idential Equivalent rate that includes occupancy. areaand frontage components. The p king t x will incr ase by8.5%. Estimate' prepared by the City's independent con ul-tants show that the propo ed taxes hould be sufficient tomeet this goal at; the following fir t year breakdown of taxrevenues indicate :Source of Funds: (Amount in Million )New Parcel Tax $12.17Parking Tax Surcharge 7.75Total Revenue . $19.92The parcel tax rates shown above are the maximum ratesthat may be imposed for Fiscal Year 2004-2005. In subsequent year ,thi tax may be reduced or liminated on orb fore June 30th in any year that the City Council determines that sufficient revenues exist to provide the serviceand programs described above.There i a provision for annu I increases in be tax assessment or rate increases, beginning in Fi cal Year 20042005. Each year thereafter. he City Council may inerea ethe taxe imposed if it deternlines that an increase hasoccurr d in tbe cost of living in the immediate SanFranci co Bay Area a shown on the Consumer PriceIndex (CPI) for the San Franci co Bay Area as publi hedby the U.S. Department of Labor. The increa e i limitedto the lesser of the rise in the CPI for five percent of thetax rates imposed by the City of Oakland.


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Although our estimates are based upon the best data available at this time, it is difficult to make such e timates withprecision; therefore, the actual results may vary from oure timates.slROLAND E. SMITH, CPA. CPSCity Auditor

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ARGUMENT IN FAVOR OF MEASUREYIn March 20 4 Measure R was placed on the ballot tore uce violent crime in Oakland. Although an overwhelming majority of v ters approved [the measure itfailed by a few hundred votes to receive the 2/3 supportneeded to pass.Following this narrow defeat , cOmmtmlty leader , cityofficial , and neighborhood group arne together todevelop what is now a more comprehen ive respon e toviolent crime in our community, Measure Y.Measure Y i a smart, fiscally responsible plan that fundthe expansion of effective violence prevention programsand increases the number of police officer in Oaklandneighborhoods.Measure Y will provide job training, mentoring and counseling programs for hildren and young adults, and expandafterschool and truancy programs for at-ri k youth. Earlyintervention program for children w 0 ~ i t n e s violencewill be expanded and funding will be provided to preventchild abuse and domestic vi lence again t women.Measure Y will increase services to eliminate teen andchild prostitution.Measure Y will decrease violent crime by adding at leastone community policing officer in each neighborhoodbeat and expand specialized teams focused aD violentcrime, drug dealing, and gang activities.Measure Y will ensure rapid response to emergencies byincreasing the number of paramedics and firefighters inOakland neighborhoods.Measure Y includes trict financial over ight and performance review of police and violence prevention programs. An annual independent audit will be performed toensure fi cal a countability.Programs will be evaluated based on the number of peopleerved and the rate of crime reduction chieved. I f it idetermined that a program is not meeting specific requirements, funding for that program will be redirected to moreeffective programs.Oakland needs a smart, comprehensive, balanced solutionto improve public afety in our community. Please voteYES to reduce crime and violence in Oakland.slBARBARA LEEMember of CongressslIGNACIO DE LA FUENTEPresident City CouncilslNANCY NADELCity CouncilmembersIDON LINKCbairper on, Community Policing Advi ory Board

s/SANDRA FROSTCo-Chair, Oakland Community Organizations


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REBUTIALTO ARGUMENT IN FAVOR OFMEASUREY

Measure Y would not give u what Oakland de peratelyneed - a c a city, effective and accountable violence prevention programs, and sufficient community police.Whenwe need the police and call , they can t come because thereare not enough officers. Most robberies and burglaries areno longer even being investigated.Pea e and safety should be the highe t prior ity of the Citywithin its existing $800 million budget. Why then are theyasking us to fund police and violence prevention with yetanother parcel tax?Violence prevention programs must be accountable or themoney will be wa ted. Oakland already has a grab-bag ofpork barrel projects each pending on separate administration without coordination. Scandals like PUEBLO($185,000 embezzled) and the Job for HomelessConsortium ($1.5 mil lion owed back to the federal government) underline these dangers.Measure Y is a blatantly unfair tax. Homeowners with a$200,000 or a $2,000,000 home would pay the same tax.In addition, a Safeway or a Bank of America pays littlemore than a homeowner.The peace and safety of our families are too important forus to acceptMea ure Y's botched solution for the next tenyears.Tell the Council: Peaceful Streets must be Job NumberOne. Please join thousands of your fellow Oaklander byvoting NO on Measure Y.s/CHARLES PINEAllendale Neighborhood Actions/JEANNETIE M. 0'SULUVANOakland Re ident/GENE V. MALONEYOakland Resident

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ARGUMENT AGAINST MEASURE YMeasure Y is a hasti ly cobbled $19.5 million politicalcompromi e that add 63 pol ice off icers to a 739 officerforce that was just cut by 39 officers last year. It's another attempt to sidestep city responsibility for ba ic publicservices by transferr ing the burden for police and fireprotection from general tax revenues to new. regressiveparcel taxes.The Council ha la hed the pol ice fo rce to Qne half thepolice-to-resident ratio of Atlanta, Bo tQn, and mostother diverse cities. Given this gulf in s taff ing, the onlyimpact Qf just 63 officers, with no p lan for future additiQns, will be to leave citizen peace and safety in continued jeopardy.Measure Y provides funds for unnamed social programs,but nothing prevents the counci l in the next budget cri ifrom cutting funding from exi ling programs for a net gainof zero.MeasureY continues the endless streamof relUessive par-el taxes starting at $88 per parcel for homeowner andrising every year with inflation, regardle of taxpayerincome. Apartment will also be taxed, resulting in legalrent increa es to tenants .Measure Y give."$6.4 million to unidentified social programs while exi ting ones have been rocked by wa te andinadequate accountability. PUEBLO, funded by 1998's"Kid Fir t" measure, has apparently cost Oakland taxpayers $185,000 in embezzled funds, and it is but oneexample. City "oversight" went blind and It tOQk a privatelawsuit to di cover the waste!Measure V's "oversight committee' will be appointed bythe Council , analogous to the cooks appointing the fQQdcritics. We support police accountability. Social programsmust be equally accountable before adding to the $99 million already b e i n ~ spent on intervention, prevention, andrehabilitation program .Defeat easure Y. We can then pass a cit izen initiativewith expanded community policing, violence prevention,and effective accountability.s/CHARLES PINEChair Allendale Neighborhood Actions/JEANNETIE O'SULLIVANRetired - 40 year citizens/GENE V. MALONEYRe ident of Oakland, 75 year


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REBUlTALTO ARGUMENT AGAINSTMEASUREY

Opponents of Measure Y deliberately misinform voterswith inaccurate and misleading tatements. Some opponents say 'more police is the only way to top crime',other say "more social programs is the only way to prevent violence". Neither extreme is correct.Measure Y is a balanced solution that will inerea e publicsafety in Oakland. Measure Yhas been carefully crafted tofund BOTH effective violence prevention programs ANDexpand the number of police officers to crack down oncrime hot spots and gang activity.Measure Y focuses violence prevention programs on children and at-ri k youth. MeasureY funds job training, mentoring, coun eling after- chool and early intervention programs to top crime before it starts.Measure Y will increase the number of off icer that target the rno t dangerous violent rime. Measure Y willreduce gang violence, homicide, dome tic violence,child abuse, and teen prostitution and will reduce overallcrime in our city.Measure Y en ure accountability. A yearly audit will beperformed and independent oversight committee willreview all Measure Y programs. Evaluation of program'will be based on the number of people served and the rateof crime or violence reduction achieved.Violent crime in Oakland shatters lives and destroys families and neighborhoods. Now is the time to take action. Itis time to SLOP talking about crime and violence and dosomething about it!Please join Congresswoman Barbara Lee, Oakland firefighters and emergency service provider . violence prevention advocates, educators and neighborhood afetyorganizations in voting Yes on Y.s/JERRY BROWNMayor of Oaklands/JEANQUANCity CouncilmemberslDEANE CALHOUNExecutive Director, Youth Alive!slBOB JACKSONBishops/SHANNON JONES-ELLISFamily Violence Law Center

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FULL TEXT OF MEASURE YWHEREAS, the citizens of the City of Oakland (the"City") are committed to a community-oriented approachto violence prevention in Oakland; andWHEREAS, preventing violence and ensuring publicafety requires an integrated system of social-servicesintervention, long-term crime-prevention programs, policeservices and fire- afety and paramedic upport; andWHEREAS, Oakland funds basic police and fire services at levels below those of similar-sized cities through

out the country; andWHEREAS, the unemployment rate a of May, 2004was 8.6%, and Oakland has a population of over 3,000people on parole, many of whom have difficulty findingwork; andWHEREAS, in an effort to prevent violence and crime,the City has partnered with the State of California to workwith parolees, to make sure they have an opportunity forsuccessful reentry into ociety, including job opportunities, in tead of resorting to crime; andWHEREAS, in an effort to prevent violence and crimeOakland currently funds or administe programs for youthrecreation and counseling, recreation, job training, domestic violence intervention, and parole coun eling;WHEREAS, currently these programs are limited inscope or have been cut due to funding constraint ; andNOW, THEREFORE BE IT RESOLVED:That the City Council of the City of Oakland doe. hereby submit to the voters at the November 2, 2004 generalelection an ordinance, which reads as follows:

PART 1. GENERALSection 1. TITLE AND PURPOSE.(A) Title. This ordinance may be cited a the"Violence Prevention and Public Safety Act of 2004."(B) Purpose. The taxes imposed or increased underthi ordinance are solely for the purpose f raising revenuenecessary to retain and enhance service and program toprevent violence and crime and enhance fire safety in theCity of Oakland.The parcel tax imposed in Part 2 i not an ad valorem taxon real property, nor a transaction tax or sales tax on thesale of real property. It is an exci e tax on the privilege ofusing and use of municipal ervices. Such municipal ervices increase and provide a greater benefit to Owners of

Parcels when programs aimed at preventing violence andcrime in the City areenhanced. Because the proceeds of thetax will be deposited in a special fund restricted for the services and program pecified herein, the tax is a pecial tax.Section 2. FINDINGS1. Investing in an coordinated sy tern of early intervention. community policing and violence-prevention effortsbefore injury occurs will reduce conomic and emotionalco ts and be a cost-effective u e of taxpayer dollars.2. Violence and crime occurs at workplaces, on schoolground , and in re idenLial neighborhoods within theOakland community.3. Due to budget constraints, the City s police depart-

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ment is staffed at a level significantly lower than cities ofsimilar size in the United States.4. Due to budget shortfalls, Oakland s fire departmentis currently operating with limited fire trucks and crewsthat rotate among several stations, thereby leaving certainfire stations under taffed.5. Fully taffing and equipping fire stations throughoutthe City wi Il provide the necessary fire and medical re

sponse in case of critical emergencies or natural disasters.6. This pecial tax is ba ed on a community as e. smentof innovative prevention strategies and is intended to beproportional to and based on estimates of typical use andbenefit from these municipal services.7. Crime in Oakland disrupts local commercial activityr duces bu ine sand indu trial productivity deter tourismand outside financial investments, and depreciate thevalue of real estate.8. The apportionment of the parcel tax to variou types

of properties is based, in part, on the intensity f policing,violence prevention and fire protection services needed fordifferent kind of land uses and on the average number ofoccupants of a parcel of each type of property. Users of residential property typically generate more calls for serviceto the police and fire departments, and the inten ity of useof police and fire protection service increases as the number of residential units on a parcel increases. On the therhand, because of the typically large size of commercial andindustrial parcels, and because the employee who workfor businesses located on such parcels and the customerswho visit such businesses generally outnumber the residents of even a similarly sized parcel of residential property (partly because non-residentially developed real property often has more than one bu iness operating on it), the taxon commercial/indu trial properties is calculated ba ed onsingle family equivalent units.9. As the density of residential development increases,the c t of provjding policing and violenc and crime prevention services also increase . The differing tax ratesaccurately reflect the differing co ts of providing servicesto the different densities of residential development.to. Some services, such as fire protection ervice andan additional neighborhood police officer in each community policing beat, are not based on density of population.11 . The parcel tax rates e tablished in this ordinanceare intended to be proportional to and ba ed on estimates of

typical use of and benefit to occupants of different residential parcels of policing and violence prevention services.The rates are not tailored to individual use both becausesuch tailoring is not administratively feasible and becausethe City must make police and fire protection servicesavailable to all parcels and owner of parcels equally.12. Each occupant of a parcel derives value from theavailability policing and violence and crime preventionand fire protection ervice. The value of uch services isin their availability and benefit to all residents, and itwould be unfair to charge their costs only to those personswho actually use the service . Even if such services are not

presently used by an occupant they may be used in thefuture and, in any event , their availability benefit each


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occupant. The City's policing, violence prevention and fireprotection service enhance the health, afety and welfareof all occupant of property in the City and improve theirquality of life both directly and indirectly. Reducing viol nee and crime i vitally important to the health, safety,and welfare of the occupants.13. Nothing in this ordinance is intended to precludeowners from recovering the tax from the occupant,

Whether the occupant is charged depends on the occupancy agreement and the requirements of the ResidentialRent Adjustment Program. Moreover, non-payment wiUnot be a lien on the property but a personal obligati n ofthe occupant or owner.14. It i . not feasible for the City to collect the tax fromthe non-owner occupants on whom it is imposed becau ethe records available to the City do not include the name

of non-owner occupants. Therefore, the only practical wayto collect a tax imposed on occupants is to collect it fromthe owner of the occupied properties.15. There are existing general taxes in the form of

parking and business license, the proce ds of which ared posited in the general fund. Additional revenue received as a result of this ordinance will be used for thepurposes set for in Section 3 and thu are special taxe .16. This Ordinance is exempt from the CaliforniaEnvironmental Quality Act, Public Resources Code section 2I0000 et seq., as it can be seen with certainty thatthere is no po ibility that the activity authorized hereinmay have a significant effect on the environment.Section 3. USE OF PROCEEDS

The tax proceed raised by this ordinance may only beused as part of the following integrated program of violence pr vention and public safety intervention in accordance with the following specific purpose :]. Community and Neililiborhood Policin&: Hire and

maintain' Ie t a total of 63 police officer as ignedto the following pecifi community-policing objectives:a. Neighborhood beat ifficers: each communitypolicing beat shall have at least one neighborhood officer as igned olely to serve the residents of that beat to provide consi tent contactand familiarity between residents and officers,continuity in problem solving and bas'c availability of police response in each neighborhood;b. School safety: supplement police ervices availabl to respond to school afety and truancy;c. Crime reduction team: at least 6 of the totaladditional officers to inve tigate and re pond toillegal narcotic transaction' and cornmi sion ofviolent crimes in identified violence hot spots;d. Domestic iolence and c hi ld abuse interven-tion: additional officers to team with s cial ervice providers to intervene in ituations ofdomestic violence and child abuse, includingchild prostitution;e. Officer training and equipment: training incommunity-policing techniques establishing

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police-social services referrals and equippingofficers provided in this paragraph, the totalcost of whi h shall notexceed 500 ,000 in anyfiscal year that this ordinance is in effect.2. Violence Prevention Services With an Emphasi onYouth and Children: Expand preventive social services provided by the City of Oakland, or by addingcapacity to community-based n nprofit programwith demonstrated past uccess for the followingobjectives:a. Youth outreach c01417sel(}rs: hire and train personnel who will reach out, coun el and ment rat-ri k adolescents and young adult by providing services and present ing employmentopportunitie ';b. After and in school program for youth and chil-dren: expand exist ing City program and Cityupported programs that provide recreational,academic tutoring and mentoring opportunitiesfor at-risk adolescents and children during after

chool hour ; expand truancy enforcement program to ke p kids in school.c, Domestic violence and hUd abuse counselors:make available coun elor who will team withpolice and the criminal ju tice y tern to as istvictims of domestic violence or child prostitution al1d to find services that help to avoidrepeat abuse situations' expand early childhoodintervention program for children expo ed toviolence in the home at an ear ly age.

d. Offender/parolee employment training: provideparolee pre-release employment skills trainingand provide employers with wage incentive tohire and train young offenders or parolee ;3. Fire Services: Mainta in tafting and equipment tooperate 25 (twenty-five) fire engin companies and 7( even) truck companie expand paramedic services, and e. tabli h a mentorship program at eachstation with an amount not to exc d $4,000000annually from funds collected under thi Ordinance.

4. Evaluation: Not Ie s than 1% or more than 3% offunds appropriated Lo each police ervice or socialservice program shall be set ide r the purpo e ofindependent evaluation of the pro am, including thenumber of people served and the rate of crime or violence reduction achieved.5. Mandated Apportionment to Social ServicePrograms: Of the total pro eeds sp nt on programenume ated in thi Section 3, ParagTaph 1 and 2, notIe than 40% of such proceeds must be aJlo ated toprograms enumerated in thi Section 3, Paragraph 2each year this Ordinance is in effect.

PART 2. OVERSIGHT, MTNIMUM STAFFING ANDTERM OF TAX IMPOSITIONS ction 1, ANNUAL AUDIT.An independent audit hall b performed to as ureaccountability and the proper di bursem ot f the pro

ce d of this tax in accordance with the object ive ta ted


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herein in accordance with Government Code sections50075.1 and 50075.3. Tax proceeds may be used to pay forthe audit.Section 2. SPECIAL FUNDAll fun s collected by the City from the taxes imposedby this ordinance shall be deposited into a special fund inthe City treasury and appropriated and expended only forthe purposes authorized by this Ordinance.Only the increm ntal taxes and surcharges approved byParts 3,4,5, and 6 of this ordinance shall be dedicated tothe purposes specified by this ordinance. Any portion ofthe parking and business licen e tax rate that were generaltaxes prior to the enactment of this ordinance hall remaingeneral taxes.Section 3. OVERSIGHTTo ensure proper administration of the revenue collection and pending, and the implementat ion of the programs mandated by this ordinance, the Mayor shallappoint three members of a "Violence Prevention andPublic Safety Oversight Committee" and each council

member shall appoint one member. The committee shallreview the annual audit, evaluate inquire and review theadmini tration, coordination and evaluations of the programs and make recommendation to the Mayor and theCity Council for any new regulations, resolutions or ordinances for the administration of the program to complywith the requirements and intent of this Ordinance.Section 4. MINIMUM POLICE STAFFING PREREQUISITE AT FISCAL YEAR 03-04 LEVELNo tax authorized by this Ordinance may be collectedin any year that the appropriation for tafting of worn uniformed police officers is at a level lower thail the amountnecessary to maintain the number of uniformed officersemployed by the City of Oakland for the fiscal year 20032004 (739).Section 5. TERM OF TAX IMPOSmONThe taxe imposed by this Ordinance shall becomeeffective on January 1, 2005 and shall continue in effectfor 10 years.Section 6. SAYINGS CLAUSE.I f any provi ion, sentence, clau e section or part of thisordinance is found to be unconstitutional, illegal orinvalid, such unconstitutionality, illegality, or invalidityshall affect only such provision, sentence, clau e, section

or part of this ordinance and shall not affect or impair anyof the remaining provisions sentences, clauses, sectionsor parts of this ordinance. It is hereby declared to be theintention of the City, that the City would have adopted thLordinance had such unconstitutional, illegal or invalid provision, sentence, clause, section or part thereof not beenincluded herein.

If allY tax or surcharge impo cd by thi ordinance ifound to be unconstitut ional, illegal or invalid, theamounts, services, programs and personnel (as set forth inPart 3) required to be funded from such taxes and surcharges shall be reduced proportionately by any revenueslost due to such unconstitutionality, illegality or invalidity.

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Section 7. REGULATIONS.The City Council is hereby authorized to promulgatesuch regulations or ordinances as it .hal l deem necessaryin order to implement the provisions of this ordinance.Section 8. NO AMENDMENT.The tax rates may not be amended by action of the CityCouncil without the applicable voter approval.Section 9. CHALLENGE TO TAX.Any action to challenge the taxes imposed by thisordinance shall be br ught pursuant to Government Codesection 50077.5 and Code of Civil Procedure section 860et seq.

PART 3. PARCEL TAXSection I. DEFINITIONS.For purposes of this part only, the following terms shall

be defined as set forth below:(A) "Building' shall mean any structure having a roofsupported by columns or by walls and designed for theshelter or housing of any person, chattel or property of anykind. The word "Building" includes the word" tructure."(B) "Family" shall mean one or more persons relatedby blood marriage domestic partnership, or adoptionwho are living together in a single residential unit andmaintaining a common household. Family hall also mean

all unrelated persons who live together in a singleRe idential Unit and maintain a common household.(C) "Hotel" shall mean as d fined by OaklandMunicipal Code section 4.24.020.(D) "Multiple Residential .Unit Parcel" shall mean aparcel zoned for a building or those portions thereof, thataccommodates or is intended to contain two or more residential units.(E) "Non-Residential" shall mean all parcels that arenot classified by this ordinance as Residential Parcels, andshall include, but not be limited to, industrial, commercialand institutional improvements, whether or not currentlydeveloped.(F) "Occupancy" shall be as defined by Oakland Municipal Code ection 4.24.020.(G) "Operator" shall be as defined by Oakland Municipal Code ection 4.24.020.(H) "Owner" shaU mean the Person having title to realestate as shown on the most current official asses mentrole of the Alameda County Assessor.(I) "Parcel" hall mean a unit of real estate in the City ofOakland as shown on the most current official assessmentrole of the Alameda County Assessor.(J)"Person" shall mean an individual, firm, partnershipjoint venture association, social club, fraternal organization, joint stock company, corporation, estate, tru 't, busines trust, receiver, trustee, syndicate, or any other group

or combination acting as a unit.(K) 'P o es ory Intere t" as it applies to propertyowned by any agen y of the government of the UnitedStates, the State of California, or any political ubdivisionthereof, hall mean possession of, claim to, or right to the

possession of, land or Improvements and shall include any


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exclusive right to the use of such land or Improvements.(L) "Residential Unit' all mean a Building or portion of a Building designed for or occupied exclu ively by

one Family.(M) "Single Family Residential Parcel" shall mean aparcel zoned for single-family residences, whether or notdeveloped.(N) "Transient" shall mean any individual who exercises Occupancy of a hotel or is entitled to Occupancy byreason of concession, permit right of access, licen 'e orother agreement for a period of thirty (30) consecutive calendar days or les count ing portion of calendar days asfull days. Any individual so occupying pace in a Hotelshall be deemed to be a Transient until the period of thirty(30) nsecut ive days as elapsed.Section 2. IMPOSITION OF PARCELTAX.There is hereby imposed a special tax on all Owners ofparcels in the City of Oakland for the privilege of usingmunicipal ervices and the availabil ity of such services.

The tax impo ed by this Secti n shall be as e ed on theOwner uoles the Owner is by law exempt from taxation,in which case, the tax imposed shall be a sessed to theholder of any Possessory Interest in such parcel, unlessuch holder is also by law exempt from taxation. The taxis impo ed as of July I of each year n the person whoowned the parcel on that date.

The tax hereby imposed shall be at the following rates.subject to annual adju tment as provided in Sectiou 6:(A) For owuers of all Single Family Residential Parcels, the tax shall be at the annual rate of 88.00 per Parcel.(B) For owners of all Multiple Residential UnitParcels, the tax shall be at the annual rate of $60.12 per

occupied Residential Unit. Owners of units that are vacantfor six month or more per year, maybe apply to theDirector of Finance to have the rate reduced by 50% to$30.06 per vacant Residential Unit located on the Parcel.(C) The tax for a Non-Residential Parcels i calculat

ed using both frontage and square footage measurementsto determine total Single Family Re idential UnitEquivalents. A frontage of 80 feet for a commercial/industrial parcel, for example, is equal to one (1) ingle familyresident unit equivalent. (See matrix.) An area of 6,400square feet for the commercial industrial parcel is equal toone (I ) single family resid nt unit equivalent. The tax isthe annual rate ($45.07) multiplied by the total number ofSingle Family Eq i alent (detennined by the frontageand quare fo tage).LAND USE CATEGORY FRONTAGE AREA (SF)Commercial Institutional 80 6,400Industrial 100 10000Public Utility 1,000 100.000Golf Course 500 100,000Quarry 1,000 250,000

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Example: as essment calculation for an owner of a commercial parcel with a frontage of 160 feet and an area of12,800 square feet:F r o n t a ~ e Area160 feet 12 ,800 sf80 ft.lSFE = 2 SFE 6,400 SF/SFE = 2 SFE2 SFE + 2 SFE::= 4 SFE4 SFE x $45.07 =$180.28(0 ) An Owner of An Undeveloped Par el is exempt

from this parcel tax if the owner can prove that the parcelwas undeveloped for at l east six months of the year inque tion.Section 3. H TELSThe tax impo ed by thi . Ordinance shall be impo ed oneach Hotel within the City in accordance with the following:.1. Residential Hotel . I f rooms in a Hot I were occu

pied by individuals who were not Transients for 80% ormore of the previous fi cal year, such Hotel hall bedeemed a Residential Hotel, and such rooms shall bedeemed Re idential Units and shall be subject to theParcel tax impo ed on Multiple Re idential Units. Theremainder of the Building shall be subject to the applicable Square Footage tax computed in accordance with theSingle Family Residential Unit Equivalent calculations.

2. Transient Hotel. Notwith tanding the previous ubsection, i f 80% or more of the Operator's gross receipts forthe previous fiscal year were reported as rent receivedfrom the Transients on a return ti l d by the Operator incompliance with section 4.24.010 of the OaklandMunicipal Code (commonly known as the UniformTran ient Occupancy Tax of the City of Oakland), suchHotel shall be deemed a Transient Hotel. The entireBuilding shall be deemed a Non-Re idential Parcel, categorized a Commercial, Institutional and shall be subjectto the Square Footage and Single Family esidential UnitEquivalent calculations se t forth in Sect ion 4(C), and theparcel tax imposed on Residential U ' ts shall not apply.

Section 4. EXEMPTIONS.Low income hou ehold exemption. Exempt fIom thistax are owners of single family re idential units in whichthey re ide who e combined income, from II sources forthe previou calendar year, is at or b low the income levelqualifying as "very low income" for a Family of uch sizeunder Section 8 of th United States Housing Act of 1937(42 U.S.CA. Sections 1437 et. seq.,) for such y ar. Ownersmust apply for the exemption provideq for in this sectionannually by petit ion to the Director of the Finance andManagement Ag ncy of the City of Oakland (''Director ofFinance") in the manner and time set forth in pr ednrese tabli hed by the Director of Finance. Such p tition hallbe on fom provided by the Oir tor of Finance and shallprovided uch infonnation as the Director of Finance hallrequire, including, but not limited to, decal income taxreturns and W-2 forms of owner-occupant eligible for thisexemption.Section 5. REDUcnON IN AX; RATE ADJUSTNT.(A) Subject to paragraph (B) of this section, the tax


10/18

rates impo ed by thi ordinance are maximum rate andmay not be increased by the City Council above such maximum rates. The tax imposed by the ordinance may be u pended, reduced or eliminated by the City Council for aubsequent fi cal year upon a vote of the City Council onor b fore June 30th in any year in which the City Councildetermines that after such su p n 'ion, reduction or elimination there will be suffi ien t revenues available to balanc the City Council s Adopted Policy Budget and provide the service and program de 'cribed in Sect ion 3above. Such u pen ion, reduction or elimination hall beeffective for the fi cal year following such vote.(B) Beginning in Fiscal Year 2004-2005, and each yearther after, the City Council may increa e the tax impo edhereby only upon a finding that the cost of living in theimmediate San Francisco Bay Area, as shown on theConsumer Price Index (CPI) for all items in the San Francisco Bay Area as published by the U.S. Department of

Labor Stati tic h in reased. The percentage increase fthe tax imposed her by shall not exc ed uch increa e,u ing Fi cal Year 2003-2004 as the index year and in noevent shall any annual adjustment exceed 50/! (five percent).

e tion 6. DUTIES OF THE DIRECTOR OF FIANCE: NOTICE OF DEC! 10 S.It hall be the duty of the Director of the Finan e andManagement Agency ("Director of Finance") to collectand receive all taxes imposed by thi ordinance, and to

keep an accurate record thereof.The Dire tor of Finan e i charged with the enforcement

of thi ordinance, except as otherwi 'e provided herein, andmay prescribe adopt and enforce rules and r e g ~ l a t i o ~ srelating to the administration and nforcement of this ordlnance,includingprov' ion for the re-examination and correction of returns and payment . The Director of Financemay pre 'cribe the extent to which any ruling or regulationhall be applied without retr active effect.Upon il l allowing any claim submilted pur u ~ n t to. thiordinance, the Director of Finance hall mail wflttennotice thereof to the claimant at his/her addre a ' hownon the Alameda County Asse or's property tax rolls.Section 7. EXAMINATION OF BOOKS. RECORDS.WITNESSES; PE ALTIES.The Director of Finance or hi Iher designee i herebyauthorized to examine asses menl rolls, property taxrecords, records of the Alameda County Recorder and any

other record of the County ofAlameda deemed nece aryin order to detennin ownership of Parcels and computation of the tax imp ed by this ordinance.

The Dir tor of Finane or hislher de 'ignee is herebyauthorized to xamine the books, papers and records of anyperson ubject to the tax imposed by this o r d . i ~ a n c e thepurpo e of verifying the accuracy of any petlllon. claim orreturn filed and to ascertain the tax due. The Drrector ofFinance or his/ber designee is hereby authorized to examine any ~ e r s o n , under oath, for the purpo e of verifying theaccuracy of any petition, claim or return filed or to ascerta in the tax due under this ordinance and for this purposemay compel the production of books, papers and recordsbefore himlher. whether as parties or witne e , wheneverOM-10

slhe believe such persons have knowledge of such matter .The refusal of uch examination by any per on ubjectto the tax hall be deemed a violation of thi ordinance.Section 8. COLLECTION OF TAX: INTERES AND

PE ALTIES.The tax levied and imposed by thi ordinance hall bedue and payable on July 1 of each year, but i tmay be paidin two in tallment due no later than December 10 and

April 10.The tax shall be delinquent i f not received on orbefore the delinqu ncy date et forth in the notice mail dt the Owner s addre as shown on the most curr nta sessment roll of the Alameda County Tax Collector andshall be ollected in such a manner as the City Coun ilmay decide.A one-t ime penalty at a rate set by the City Council,which in no event shall exceed 25% of the tax due peryear, i hereby imposed by thi ordinance on all taxpayerswho fail to tim Iy pay the tax provided by thi ord inance;in additi n, intere t hall be a e ed at the rate of I% permonth on the unpaid tax and the penalty thereon.Every penalty impo ed and such intere t a accrueunder the provi ion of this ordinance hall become a partf the tax herein required to be paid.Tbe City may auth rize to have the taxe impo ed bythis ordinance collected by the County f Alameda in conjuncti n with and at the ame time and the in same manner as the County's collection of proper ty taxes for theCity. If the Ci ty elects to so col lect tb tax penalties andinterest shall be tho'e applicable to the nonpayment ofproperty taxes.In no event shall anything herein be construed toimpose a tax lien on the Parcel to ecure payment of thetax.Section 9. COLLECTION OF UNPAID TAXES.The amount of any tax, penalty, and intere t imposedunder the provision' of this ordinance shall be deemed adebt to the City. Any p r on owing money under the PfO-visions of this ordinance shall be liable to an actionbrought in the name of the City for tbe recovery for such

am untoSection 10. REFUND OF TAX. PENALTY, OR

INTEREST PAID MORE THAN 0 CE: OR ERRO-NEOUSLY OR ILLEGALLY COLLECTED.Whenever the amount of any tax, penalty, Of interestimposed by this rdinance ha been paid more than once.

or has been erroneously or illegally collected or receivedby the City i t may be refunded provided a verif ied claim inwriting therefore , ta ting the pecif ic ground upon whichuch claim is founded, i filed with the Directorof Financewithin one (1) year f rom the date of payment. The claimshall be filed by the per on who paid the tax or uch person's guardian, conservator of the executor of her or hie tate. 0 claim may be filed on behalf of other taxpayersr a class of taxpayer. The laim shall be reviewed-by theDirector f Finance and hall be made on forms providedby the Director of Finance. I f the claim i ' approved byDirector of Finance. the exce s amount collected or paJdmay be refunded or may be credited against any amounts


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then due and payable f rom the Person from who it wascollected or by whom paid, and the balance may berefunded to uch Per on hislher administrators or executors. Filing a claim shall be a condition precedent to legalaction against the City for a refund of the tax.S ctiOD 1], MISDEMEANOR VIOLATION.Any Owner who fails to perform any duty or obligation

imposed by this ordinance shall be guilty of a mi demeanor, and upon convict ion thereof, hal l be punishableby a fine of not more than $1 ,000 or by imprisonment fora period of not more than one year or by both such fineand impri onrnent.

The penalties provided in this section are in addition tothe several remedies provided in this ordinance, or as mayotherwi e be provided by law.Section 12. BOARD OF REVIEW.Any per on di satisfied with any decision of theDirector of Finance adversely affecting the rights or interests of such person made by the Director of Finance underthe authority of this ordinance, may appeal therefrom in

writing to the Business Tax Board ofReview (the' Board")within ixty (60) days from the date of mailing such decision by the Director. All filings with the Board relating toappeal or otherwi e hall be made to the Chairperson ofthe Business Tax Board of Review in care of the RevenueDepartment, 250 Frank. Ogawa Plaza, 1 t Floor, Oakland,CA 94612. The Board may affirm, modify or reverse suchdeci ion or dismiss the appeal therefrom, as may be just,and shall prescribe such rules and regulat ions relat ing toappeal a it may deem necessary. The Board's decision onappeal will become final upon mailing notice thereof to thePerson appealing the Board's decision at such Person's lastknown addres shown on the Tax Records.Any tax, penalty or interestfound to be owed is due andpayable at the t ime the Board's decision becomes final.The Bard hall approve, modify or disapprove allfo rms, rule and regulation pre cribed by the Director ofFinance in administration and enforcement of this tax.

Such forms rules and regulations shall be ubject to andbecome effective onJy on such approvaLAll d cision' rendered by the Board shall be final andno further administrative appeal of these decisions is provided or intended.

PART 4. PARKING TAX SURCHARGETh M unicipaJ Code is hereby amended to add as setforth below ( ection numbers and title are indicated in

bold type; addit ion are indicated by underscoring anddelet ion are indicated by str ike lftt'8t1gfl t y ~ e ; portions ofthe regulations not cited or not shown in underscoring orstrike-through type are not changed). Section 4.16.031 ofthe Municipal Code is hereby added to read as follow :4.16.031 Imposition of SurchargeSubject to the provisions for the collect i n of taxes anddefinitions in this chapter. there shall be an additional tax

of cigbt and one-ha If (8 J/2) percent imposed on the rentalof every parking space in a parking station in the City.

By adopting this ordinance the People of the City ofOakland dQ not intend to limit or in anyway curtail anyOM-11

powers the City Council may exerci e as to the ubjectmatter of this ordinance. including, but not limited to. raisin2 the rate of taxation or surcharge. lowering the rate oftaxation or surcharge. eliminating the tax or urcharl:e, orcreating or definini new categories of taxpayers under thisordinance.


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NOYES

P OPOSED ORDINANCEAn Ordinance that would require that the City ofOakland (1) Make investigation, citation and arrestfor private adult cannabis (marijuana) offenses theCity's lowest law enforcement priority; (2) Advocatethrough its lobbyist and City officers for changes instate and other laws to (a) allow and authorize taxation and regulation of cannabis (marijuana) for adultsand eliminate criminal penalties for private, adultcannabis use, (b) grant local control to cities and counties to license and regulate cannabis businesses andcollect appropriate fees and taxes, and (c) end theprosecution arrest, investigation and imprisonmentfor adult private cannabis offenses; (3) Establish a system to license, tax and regulate cannabis (marijuana)sales i f California law is amended to allow and autho-rize such actions; and (4) Create a committee to oversee the ordinance's implementation and disbursementof revenue from licensing and taxation of businessesthat sell cannabi .

II CI TY OF OAKLAND MEASURE Z---,-------------1ZMEASURE Z: Shall the ordinancerequiring the City of Oakland ( I) to 1--------1make law enforcement related toprivate adult cannabi (marijuana) usedistribution, sale, cultivation and possession, the Cily'slowe t law enforcement priority; (2) to lobby to legalize, tax and regulate cannabis for adult private u e, distribution, sale. cultivation and possession; (3) tolicense tax and regulate cannabis sales if Californialaw is amended to allow such actions' and (4) to createa committee to oversee the ordinance's implementation, be adopted?

CITY ATTORNEY'S BALLOTTITLE ANDSUMMARY OF MEASURE ZTitle: Cannabis Regulation - An Ordinance that WouldRequire that the City (1) EstabHsh a System to License,Tax and Regulate Cannabi (Marijuana) Sales As Soon asPos ible under California Law; (2) Create a Committee toOversee the Ordinance Implementation and Disbursement of Revenue from Licensing and Taxation of Bu i-nesses that Sell Cannabis; (3) Adopt Law EnforcementPolicies Related to Cannabi ; and (4) Advocate forChanges in Law to Support Implementation and Goal ofthe OrdinanceSummary: Thi proposed ordinance would require thatthe City of Oakland establi h a system to licen .e, tax andregulate cannabis for adult u e soon as p ~ s s l b ! e UD?erCalifornia law and adopt regulatIons regardmg lIcensmgund ta,xarion of b u s i n ~ s s e s that sell cannabi .The propo edordinance makes investigation, citation, and arrest for private adult cannabis offenses Oakland's lowe t law enforcement priority.The proposed ordinance would require that Ule Citycreate an eleven (II) member committee to oversee theimplementation of the ordinance. The Committee's

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responsibilities include (L) ensuring timely implementation of the ordinance's provisions and (2) overseeing disbursement of revenues generated from licen ing, regulation and taxation of licensed cannabis busines es to ensurethat revenues are spent on City services such a chools,libraries and youth programs.The ordinance also requires that the City advocate forchange in &tate and other laws that would allow taxation

and regulation of cannabis and end prosecution, arrest,investigation and imprisonment for adult, private cannabisoffenses.s/JOHNRUSSOCity Attorney


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CITY ATTORNEY'S IMPARTIAL ANALYSISOF MEASURE Z

This voter initiative would make private adult cannabis(marijuana) offenses the City of Oakland's lowest lawenforcement priority (6); require the City to lobby toeliminate criminal penalties for private adult cannabisoffense (8) and license, tax and regulate cannabi busine es if State of California law are amended to allowsuch action (5); and create an oversight committee (7).Two of the Measure' Provi ions are UnconstitutionalSections 5 and 8 of this measure are unconstitutionaland therefore unenforceable. Section 5 requires that theCity of Oakland licen e, tax and regulate the sale ofcannabi for adult use state law is amended to permitsuch action'. Section 8 requires that the City of Oaklandlobby for changes in laws to (I ) eliminate criminal penaltie for private adult cannabi use, distribution, sale cultivation and posse ion and (2) allow cities and countie tolicen e, regulate and tax cannabis busine e' .These provisions are unconstitutional because they do

not enact a law. Neither the lobbying provi ion, nor therequirement that the City pa legi lation that would regulate and tax cannabis businesses, i f state law is amended,enacts a law.Th initiative power may be exerci ed only to adopt orreject law. Cal. Const. Art. 11, Section 8; AmericanFederation of Labor v. Eu, 36 Cal. 3d 687, 708 (1984)(invalidating an initiative that required state legislature toask Congress to change federal law); Marblehead v. City

of San Clemente 226 CaJ.App.3d 1504, 1509, 1510(1991) (court struck down an initiative that directed CityCouncil to amend the General Plan rather than amendingthe General Plan directly); Fishman v. City of Palo Alto,86 Cal.AppJd 506 509 (1978).The City mu t Comply with the Other Provi ion of theMeasure i f it PassesI f this initiative passes, the City must (I ) make inve tigation, citation and acre t of private adult cannabis offenses(e.g. u e, distribution, sale, cultivation and possession ofcannabis for medical and non-medical purposes) its lowestlaw enforcement priority; and (2) create an eleven member(11) oversight committee to "oversee" the ordinance'simplementation.

P a s s a ~ e of this Measure will not Chanie California andFederal Law Both of which Prohibit Non-MedicalCannabis UsePrivate adult cannabis offenses would remain unlawfulif this measure passes; both CaJjfomia and federal lawprohibit non-medical use, possession, cultivation, distribution of cannabi . The City would continue to have thepower to enforce 1 ws prohibiting non-medical use, pos-e ion, cultivation, di tribution and sale of cannabis,although the enforcementwould be its lowest law enforcement priority.The tenns "lowest law enforcement priority" and "private adult cannabis offenses" are not defined in the measure. The common en e meaning of "lowest law enforce

ment priority" w uld require that the City make all otherOM-13

lawenforcem nt priorities a higher priority."Private adult cannabi offen e ., pfi umably refer tomarijuana u e, cultivation, sal possession, distributionthat occurs in a private place such as an adult s home.Nothing in thi measure would limit the City's power toarre t, cite and investigate individual for such activity solong a the enforcement action is consistent with the lowest law enforcement pri rity policy.s/JOHN RUSSOCity Attorney


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CITY AUDITOR'S IMPARTIAL FINANCIALANALYSIS OF MEASURE Z

SUMMARYThis measure authorize the City of Oakland to submit tothe voters a ballot measure that would require the City to:

1. make law enforcement related to private adultcannabis (marijuana) use the lowe t law enforcementpriority2. lobby to legalize, tax and regulate cannabis (marijuana) for adult private u e di tribution. sale, cultivation and possession;3. l icense, tax and regulate cannabis (mari juana) salesif California law is amended to allow and authorizesuch actions; and4. create a Community Committee to over ee the ordi-

nance's implementation.The "lowest law enforcement priority" provi ion hall notapply to minors. The Community Oversight Committee(to insure the timely implementation of the OaklandCannabis Regulation) hall be compo ed of membersappointed by the City Council, the Mayor the CityAuditor, and the City Manager. The committee's responsibilities shall include implementation of the Lowest LawEnforcement Priori ty policy' making recommendation'monitoring the disbur ement of funds generated by thecannabis revenue; and reporting annually to the Councilon the implementation of this ordinance. The ordinan edoes not contain a specific provi. ion to finance the costs ofperforming annual audit .FISCAL IMPACTThe City of OakJand has not prepared an estimate relatedto changing enforcement prioritie based on the passage ofthis measure. Therefore it is difficult to render an opinionwith insufficient data.

/ROLAND E. SMITH CPA, CFSCity Auditor

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ARGUMENT IN FAVOR OF MEASURE Z!be f e d ~ r a l government's war on drugs has been costly,

~ e f f e c t l v e , and unjust. CriminaLizing cannabis (mariJuana) has unfairly impri oned thousands of non-violentoffenders, including a disproportionate number of peopleof color.Mea ure Z allows Oakland police to focus their t ime and

r e s o u r c e ~ on fighting vioLent crime and reducing the murder rate, mstead of wasting their time on adult nonviolentmarijuana offenses.Every year California spends $150 million to arre. t, prosecute and imprison marijuana offenders. It makes moreeconomic se e to ra ise money by taxing and regulating

~ d u l ~ u f marijuana, in tead of spending money tocnmmalize It.Revenue raiL ed will help pay for vital city services likes c h ~ ? l ,librarie , and health care. Furthermore allowingmarijuana to be sold by licensed bu ines e will get drugdealers of f the treets and break their hold on our neighborhood .Measure Z makes it easier for medical patients to buymedical marijuana from licensed Oakland businesses.Patients deserve safe, secure and affordable access to medicine. While we can't change federal law, we can instructour I cal police not to arre t or harass marijuana user .Measure Z controls mari juana sales ' it does not legalizeale. on the streets near schools or to minors. It does notpromote mari juana u e, or allow broadcast or billboardadvertising.The Drug War has failed. It's t ime for a new approach.That's why community group e lected officials educators, religious leaders, and doctors all agree: Mea ure Z ithe right thing to do. Measure Z i endorsed by theM tropoli tan Greater Oakland Democrat ic C lub, theFamily Council on Drug Awareness, the Center onJuvenile and Criminal Justice, California Superior CourtJudge James P. Gray, and many others.Please join us in vot ing YES ONMEASURE Z. For moreinformation, please visit www.YesonZ.org.slNATE MILEYAlameda County Supervisor, District 4s/DR. FRANK LUCIDO, MDFamily Practice Phy icians/DAN SIEGELOakJand School Board MembersffHE REV. HAROLDMAYBERRYMinister, Fir t African Methodist Episcopal (FAME)Church of Oakland

slDESLEY BROOKSOakland City Councilmember, District 6


15/18

REBUTTAL TO ARGUMENT IN FAVOR OFMEASUREZ

Measure Z does nothine to stop the federal governmentwar on drugs. Instead, it will weaken Oakland's ability tokeep the peace in neighborhood where de perate youngmen lose their lives ver drug sales.Measure Z does not help the occa ional pot smoker.California law governs marijuana use and already treatsmere possession ofmarijuana like a parking ticket.Measure Z offers nothing to keep our young people out ofprison. It just floods our streets with more drugs andinvites federal and state law enforcement to increasearrests of our young peopleMea ure Z is outside interests and marijuana marketersusing Oakland for social experimentation. The top threedonor to this measure are from New York San Franci co,and Washington D.C., and they've already. helled outmore than $70,OOO!Oakland already suffer from people coming from the suburbs to buy their drugs here. Yet, Oakland won't. ee adime from marijuana sales because a city cannot legalizemarijuana or tax it.It would have been much fairer to start Measure Z inBeverly Hills where young people of color are not beinggunned down in street comer drug dispute - disputes thatinclude marijuana a well as crack and heroin. Few dealers pecialize in one drug.This measure won t help medical marijuana patient .Oakland already ensur s that there are several well managedfa ilities that offer medical marijuana.Don't start this social experiment in Oakland. It is uncontitutional and will cost Oakland in live' and dollars. VoteNO on Me ure Z.s/JOSEPH J. HARABURDAPresident& CEOOakland Metropolitan Chamber of CommercesfLARRY E. REIDCouncilmember, Oi trict 7

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ARGUMENT AGAINST MEASURE ZMarijuana growers, di tributors and advocates from outside Oakland are spending hundreds of thousands of collars on politicians and consultant to pas this Initiative.Why? Because, i f pas ed, this Initiative would force thCity of Oakland to pend your TAX DOLLARS to lobbyfor statewide legalization of RECREATIONAL MARImANA USE.It w uld require Oakland government to appoint and staffa committee to study how to sell and distribute marijuana.The Initiative would make Oakland the only CaliforniaCity that doe n t enforce against marijuana production.distribution and sales. Taxpayer would bear the healthand safety co ts of an unregulated mega-marketplace formarijuana buyers and seller form all over the State.This Initiative DOES NOT relate to medical marijuana,and threaten' Oakland' s medical marijuana programalready in effect.This Initiative DOES NOT allow Oakland to tax or r e ~ u -late marijuana sales until the state government legalizesmarijuana sales for recreational use. That won't happenanytime oon!Oakland cannot afford [hi, Initiative given th City'smany unfunded priorities. such as violenc prevention andfixing potholes. Thi Initiat ive provides NO RESOURCES for enforcement against ales to teenagers and children and NO MONEY to pay for treatment of smokingrelated illnesses.This Initiative threatens Oakland's carefully implementedmedical marijuana program. Under this program, the Cityof Oakland ha l icensed nonprofit organizati n to di pense quality and safe medicinal marijuana to tho e withhealth needs.I f passed, this reckless measure would flood our treetwith unsafe and unregulated marijuana. It would inviteunwelcomed attention from federal prosecutor' who areeager to make an example of Oakland by shutting downour medical marijuana providers.THE CITY ATTORNEY SAYS TIDS INITIATIVE ISUNCONSTITUTIONALAND ILLEGAL.Don't put Oakland s medical marijuana pati nts, ati tyand tax dollars at ri k for a r ckles campaign t benefitmarijuana grower and distributors! VOTE NO ON MEASUREZ.sfDANNY WANOakland City CouncilmembersfDAVID KAKISlllBASchool Board Directors/ROBERT L. JACKSONBishop 'Bob" JacksonActs Full Gospel ChurchslFRAN MATARRESECommunity Leaders/ELLENWYRICK PARKINSONWe t Oakland Community Leader.


16/18

REBUTTAL TO ARGUMENT AGAINSTMEASUREZ

H the opponents ofMeasure Z really want to help med-ical marijuana patients , they should listen to thosepat ients and the doctors who treat them and supportMeasureZ.Opponents claim the city provide for medical patients'but the fact is Oakland bas SHUT DOWN mo t of urmedical marijuana dispen aries, forcing patients onto thestreets. Measure Z makes it easier for patients to hav afeaccess to medical marijuana. That's why patients and doc-tor upport Measure Z.Measure Z is a citizen initiative signed by 23,000 Oaklandvoter. It', a ensible approach that makes private adultmarijuana offen e the lowest police priority for Oakland,a it is in Seattle. Acc rding to the Seattle Times 'despitepredictions of naysayers, there is no evidence f wide-spread public pot consumption as a result of the mea nre.Measure Z controls marijuana sale ; it doe not legalize,ales on the treets, near schools or to minors. It doe notpromote marijuana u e, or allow broadcast or billboardadvertising.Opponents claim Measure Z could cost the city money: infact it rai e money for vital city services by allowing forthe taxed and regulated sale of marijuana.People who fear reform often lay claim of unconstitu-tionality. They said that about the California medical mar-ijuana initiative, Prop 215 but the initiative pas ed andtook effect. Citizen. have a constitutional right to voicetheir opinions.The DrugWar has failed. It's time for a new approach.That's why doctors nur es and patients agree: Yes on Z.slMARTHA KUHLCalifornia Nurses AssociationsIDON PERATACalifornia State Senator District 9sIDR. MIKEALCALAY,MDHTV Education and Prev ntion Project of AlamedaCounty

slJANE JACKSONMedi al Marijuana PatientFounder, Mayor's Commis ion on Persons withDisabilitiesMember Oakland Medical Marijuana Ta k Forces/STEPHANIE SHERERAmericans for SafeAccess

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FULLTEXT OF MEASURE ZWHEREAS the City Council does hereby submit tothe qualified elector of the City of Oakland the aforesaidproposed initiative ballot measure to be voted upon at theGeneral Municipal Election con olidated with theStatewide General Election to be held on Tuesday,ovember 2,2004, now therefor be itRESOLVED: that the propo ed initiative ballot mea-ure text hall read a follow :Section 1: TITLEOakland Cannabis Regulation and Revenue OrdinanceSection 2: FINDINGSThe people of Oakland, California find a follows:WHEREAS it is a goal of the people of Oakland to keepdrugs off the streets and away from children, and to eliminate street dealing and violent crime' andWHEREAS each year California spends over $150 million enforcing cannabis (marijuana) law'. expending valuable law enforcement re ources that would be better spentn fighting violent and eriou rime' andWHEREAS medical and governmental studies have consi tently found cannabi to be less dangerou, than ale hoi,tobacco and ther drug ; andWHEREAS otherwise law-abiding adult are beingarre ted or impri oned for nonviolent cannabis offensecl gging our court and jails ' andWHEREAS controlling and regulating cannabis so that iti only sold by licen ed bu ines es would undermine thehold of treet dealers on our neighborhood ; andWHEREAS in the face of the evere state and local budget eri i ,the revenue from taxing and Ii en ing cannabiswould help fund vital Oakland city service ; andWHEREAS the current laws against cannabis have needlessly harmed patient who need it for medical purposesand impeded the development of hemp for fiber, oil andother indu trial purposes; andWHEREAS it i the hope of the people f Oakland thatthere will be tate and federal law reform that will eliminatethe problems and costs caused by cannabi . prohibition;THEREFORE the people of the City of Oakland doher by enact the following ordinance establi hing thecannabis policy of the city.Section 3: DEFINITION. Cannabi " - Mean "mari juana" as currently defined inCalifornia H alth & Safety Code Section 11018.Section 4: PURPO EThe purpo e of this ordinance i :a) To direct the City f Oakland to tax and regulate the saleof cannabis for adult u e, so as to keep it off the str ets andaway from children and to rai e revenue for the city, asoon as possible under state law.b) To direct the Oakland Police Department to make investigation. citation, and arrest for private adult cannabisoffenses me lowe t law enforcement priority, effectiveimmediately upon the passage of this ordinance.c) To advocate for change in state law (and at other I v-OM-17

el as neces ary) to authorize the taxation and regulationof cannabis and eliminate criminal penaltie for privateadult cannabi use.Section 5: REGULATIONThe City of Oakland shall e tabU h a y tern to license, taxand regulate annabis for adult use as soon as pos ibleunder California law. At that time, the City Council shallpromulgate regulation that include, but are not limited lO,the following provi ions con istent with California law:a) The sale and di tribution to minor will be tricllyprohibited'b) The city shall e tablish a licen ing system for cannabisbusines eSt with regulatIons to assure good bu 'ines' practice ,compliance with health and afety tandard . accefor persons with di abilitie ,and nuisance abatement;c) Minors shaU not be pennitted in areas where cannabii sold nor shall minor be employed by licen ed cannabisbusined) No business licensed to ell annabi will be locatedwithin 600 feet of a school'e) Cannabis businesses shall be required to pay taxe' andlicen ing fees;f) The public advertising of cannabis through television,radio or billboard will be prohibited; andg) Onsite con umption shall be licen ed so as to keepcannabis off the streets and away from children. subject toreasonable air quality standards.Section 6: LOWEST LAW ENFORCEMENTPRIORITYa) The Oakland Police D partrnent shall make investigation, citation, and arre t for private adult cannabis offensesOakland's lowest law enforcement priority.b) Thi "lowe t law enforcement priority" policy shall notapply to distribution of annabis to minors, distribution orconsumption of cannabis on streets or other public place ,or motor vehicle violations.Section 7: COMMUNITY OVERSIGHT COMMITTEEA Community Oversight Committee shall be appointed toover ee the implementation of the Oakland CannabisRegulation and Revenue Ordinance. The Committ e willbe compo ed of:1 community member appointed by each member of theOakland City Council,I community member appointed by the Mayor of Oakland,1 r presentative of the Oakland City Auditor,I representative of the Oakland City Manager.Re pon ibilities of the Committee shall include:a) En ure timely implementation of this ordinanceb) Oversee the impl mentation of the Lowe t LawEnforcement Priority policy;c) Make recornrnendalions to the OakJand City Councilregarding appropriate regulations. in accordance withSection 5 above;d) Oversee the di bur ement of revenue generatedthrough the ale of cannabi by lken ed cannabi busi-


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ne ses to assure that fund go to vital city services such asschool libraries and youth programs; ande) Report annually to the Council on implementat ion ofthi ordinance.Section 8: ADVOCACY FOR LEGISLATIVE RE-FORMThe City of Oakland shall advocate, through its lobbyistand other city officers, for changes to state law (and lawsat other levels of government as necessary) to support thegoals and implementation of this ordinance. Legislativecbanges to be advocated include:a)Allow for taxation and regulation of cannabis for adult .b) Grant local control to cit ies and counties to l icense andregulate cannabis busine es and collect appropriate feesand/or taxes; andc) End the prosecution, arrest investigation and imprison-ment for adult, private cannabis offenses.Section 9: SEVERABILITYI f any provision of this ordinance or the application there-of to any per on or circumstance is held inval id , theremainder of the ordinance and the application of suchprovisions to other persons or circumstances shall not beaffected thereby.

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Documents

November 2 2004 Measures Y Z Sample Ballot