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OFFICE OF THE C I T Y C L E R R 3tt L AN O

2004 JUN -3 PH 5: 0 I

CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA.
Office of the City Attorney John A. Russo City Attorney

6TH FLOOR

OAKLAND, CALIFORNIA

94612

(510) 238-3601

FAX:(510) 238-6500

June 15,2004

TTYTTDD: (510) 238-3254

Honorable President lgnacio De La Fuente and Members of the City Council City Hall Oakland, California

Re: Report From City Attorneys Office Regarding Multiple Funding Mechanisms In A Single Ballot Measure And Regarding The Use Of A Special District for the Violence Prevention Measure Dear President De La Fuente and Members of the City Council: The City Council asked the City Attorneys Office a series of questions relating to the Violence Prevention Measure.

I. Issues
1. Can various tax proposals be included in one ballot measure?
2. Can the violence prevention activities be funded through special districts?

II.

Summary Conclusion

1, Yes, various tax proposals can be included in one ballot measure. 2. Yes, violence prevention activities may be funded through special districts.

II. Analysis
1, Can various tax proposals be included in one ballot measure?

Yes, combining various tax proposals in one ballot measure is permissible.

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While there is a "single subject rule," that rule applies only to initiatives. (Cal.Const. art. II, 98.) The measure under consideration by the City Council is not an initiative, because the City Council itself, not the electors by petition, will be putting the question on the ballot.

2.

Can the violence prevention activities be funded throuqh special districts?

Yes, if the service levels and costs vary depending on geographic location in the City, the City may create special districts. Funds generated by the district could only be used for services in that district. Such funds may be used for police protection services, fire protection services, and recreation program services. The following general steps must be taken to create the district:

1.
2.

Identify and form the district. A majority protest of the 50% of the registered voters of the district could limit or eliminate the district Obtain 2/3 approval for incurring indebtedness and impose special taxes Issue bonds

3.

Another alternative is to levy a special tax only upon certain zones in the City under the procedures in Government Code section 53978. Such taxes could only be used for fire protection or police protection services only. Money raised from a zone could only be used for the zone. Adoption of the tax requires a 213 vote of the voters in the zone.

Very truly yours,

c ,

City Attorney

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