League of Women Voters of California Education Fund
	Alameda County, CA July 21, 2009 Election
	Measure D 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 See Also: Index of all Measures

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 Public Safety Advocate s/Wade W. Sherwood Member, Oakland Commission On Aging s/Susan Montauk Parks & Recreation Commissioner s/Ronile Lahti Library Advocate s/David Kakishiba Member, Kids First Coalition (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%) a portion of of the City's actual unrestricted general purpose fund (Fund 1010) revenues every year for services benefiting children and youth, such as after-school programs, mentoring, recreational programs, job training and pre-school programs. The set aside supplemented a base line amount that the City already provided to fund programs for children and youth. (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 This Act will provide increase funding for after-school programs, sports and recreation programs, youth gang prevention and other programs for children and youth, the City of Oakland shall set aside three percent (3.0%) of the City's actual unrestricted General Purpose fund (Fund 1010) revenues for the Oakland Fund for Children and Youth. to two and a half percent of all City revenue. (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. (h) This Act makes the Oakland Fund for Children and Youth a permanent part of the Oakland City budget. 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 Fund Revenue Section 1300. Notwithstanding any other provision of law, effective July 1, 2009 and continuing through June 30, 20112021, the KIDS First! The Oakland Fund for Children and Youth ("Fund") shall receive revenues in an amount equal to 1.5% three percent (3.0%) of the City of Oakland's annual total actual unrestricted General Purpose Fund (Fund 1010) revenues and 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 this Act shall only come from actual unrestricted General Purpose Fund (Fund 1010) revenues of the City of Oakland. For purposes of this Act. Fund shall mean the fund established pursuant to Measure K which was approved by the voters of Oakland in 1996 and which shall continue in existence. 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. Not later than 90 days after the end of each fiscal year: beginning with fiscal year 2009-2010, the City Auditor shall complete a financial audit, and verify the the City of Oakland set aside for the Fund the correct amount of monies for that fiscal year; together with any interest earned on the Fund and any amount unspent by the Fund at the end the that fiscal year. If the City Auditor finds that in any fiscal year the amount of fund set aside for the Fund is lees than the prescribed percentage of all City of Oakland revenues, the City of Oakland shall provide monies to the Fund so that correct amount is received by the Fund within the next two fiscal years. 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. Grants appropriations made by the Fund for fiscal year 2008-2009 shall be carried forward to fiscal year 2009-2010 subject to including modification recommended by the Planning & Oversight Committee, pursuant to performance review, and adjusted as needed to conform with the actual amount of the set-aside in fiscal year 2009-2010 based on the 3.0% of actual unrestricted General Purpose Fund (Fund 1010) formula set forth in this Act. 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: 1. identify current service needs and gaps relative to addressing this measure's four outcome goals: a. support the healthy development of young children; b. help children and youth succeed in school and graduate high school; c. prevent and reduce violence, crime, and gang involvement among young people; d. prepare young people for healthy and productive adulthood. 2. describe specific three-year program initiatives that address the needs and gaps relative to each outcome goal, including: a. target population b. performance and impact objectives c. intervention strategy d. evaluation plan e. funding allocations 3. describe how each three-year program initiative is aligned and coordinated with other public and private resources to achieve maximum service performance and youth impacts. 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: 1. preparing Three-Year Strategic Investment Plans; 2. soliciting funding applications from private non-profit and public agencies through an open and fair application process; 3. submitting to the Oakland City Council for its adoption Three-Year Strategic Investment Plans and funding recommendations; 4. submitting to the Oakland City Council for its adoption annual independent evaluation reports; 5. receiving City Auditor annual reports on the Fund's Financial Statement and the Base Spending Requirement; Base Spending Requirement Section 1306. Monies in the Fund shall be used seclusively to increase the total amount of City of Oakland expenditures for services to children and youth that are elgilble to be paid from the Fund as defined tin this section: The City of Oakland shall not reduce the amount of expenditures for eligible services in any fiscal year paid from sources other that the Fund below the 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 by the ratio of audited actual unrestricted General Purpose Fund (Fund 1010) expenditure appropriations for eligible services for children and youth paid from sources other than the Fund to total City audited actual unrestricted General Purpose Fund (Fund 1010) appropriations expenditures in a fiscal year 1995-1996. The base year is defined as the fiscal year beginning July 1, 2008 and ending June 30, 2009. 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. Within 180 days following the completion of each fiscal year's external audit through 2020-2021 the City Auditor shall calculate and publish the actual amount of City of Oakland spending for children and youth services (exclusive of expenditures mandated by state or federal law). 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.