Jobs & Housing Coalition v. City of Oakland

I.

FACTUAL AND PROCEDURAL

BACKGROUND

We recount the facts as they were alleged in the complaint.1 A group of Oakland citizens submitted a petition to place an initiative on the November 2018 ballot to approve a parcel tax to fund programs for early childhood education and college readiness. The initiative appeared on the ballot as Measure AA, seeking to add “The Children’s Initiative of 2018” to the City’s charter. The official ballot materials prepared by the City Attorney’s Office stated the measure was for a “special parcel tax” and that a two-thirds vote

1 In reviewing a trial court’s ruling on a motion for judgment on the pleadings we, like the trial court, accept as true a complaint’s factual allegations and give them a liberal construction. (Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468, 515–516.)

2 was necessary for it to pass. The City Auditor’s analysis likewise stated the measure would go into effect “if adopted by two-thirds of voters.” A majority of Oakland voters, 62.47 percent, voted in favor of Measure AA in the November 2018 general election. Although the measure fell short of two-thirds approval, the Oakland City Council declared that the measure had…