Resolution 2026-XX Page 1 of 4
DRAFT
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT,
CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, TO
SUBMIT TO QUALIFIED ELECTORS A MEASURE TO ADOPT A
TRANSACTIONS AND USE TAX; SETTING THE BALLOT QUESTION;
REQUESTING ALAMEDA COUNTY BOARD OF SUPERVISORS TO
CONSOLIDATE TH IS ELECTION WITH THE GENERAL
STATEWIDE ELECTION TO BE HELD ON THAT DATE AND
AUTHORIZE THE REGISTRAR OF VOTERS TO CONDUCT THE
ELECTION AND PROVIDE CERTAIN SERVICES ; AND DIRECTING
CITY STAFF TO TAKE ALL NECESSARY STEPS TO PLACE THE
MEASURE ON THE BALLOT
WHEREAS, the City of Fremont (“City”) is authorized to levy a Transactions and Use Tax for general purposes under California Revenue and Taxation Code sections 7251.1 and 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, section 2 of the California Constitution; and
WHEREAS, California Constitution, Article XIIIC, section 2(b) requires that all general taxes that are imposed, extended or increased must be submitted to the electorate, consolidated with a regularly scheduled general election for members of the governing body of the local government, and approved by a majority vote of the qualified electors voting in the election; and
WHEREAS, the City Council is authorized under Elections Code section 92222, to place this local measure on the ballot for the General Municipal Election on November 3, 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Declaration of Findings. The foregoing recitals are true and correct and are incorporated herein by reference.
SECTION 2. Call of Election. Pursuant to the laws of the State of California, there is called and ordered to be held in the City of Fremont, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of submitting to qualified electors, a city measure to adopt a transactions and use tax.
SECTION 3. Consolidation. Under Elections Code section 10400 et seq., the Alameda County Board of Supervisors is hereby requested to consent to the consolidation of the General Municipal Election of November 3, 2026, with the general statewide election to be held on that date, and to authorize and direct the County Registrar of Voters, pursuant to Elections Code section 10002, to perform all operations and services necessary to conduct the election, including
Resolution 2026-XX Page 2 of 4
providing precincts, coordinating polling hours, identifying polling places or vote centers, appointing election officers, providing voting equipment, and printing ballot materials. The City agrees to reimburse the County for costs incurred based on the County’s established consolidation rate.
SECTION 4. Canvassing and Other Procedures. The City Council acknowledges that the consolidated election will be conducted in the manner prescribed by Elections Code section 10418, and shall be held in all respects as if there were only one single election. The ballot to be used shall be in the format and content required by law. The hours of opening and closing the polls and all other operational procedures shall be governed by the rules established by the County for the election. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law. The County’s Election Department is authorized and required to canvass the returns of the municipal election on this measure and to certify the final results to the City Council in accordance with Elections Code section 10411.
SECTION 5. Ballot Measure Submission. Pursuant to California Constitution Article XIIIC, section 2, Government Code section 53724, and Elections Code section 9222, the City Council, by a two-thirds (2/3) vote of all members, hereby submits to the voters of the City, a measure to adopt a transactions and use tax, as authorized by Revenue and Taxation Code sections 7251.1 and 7285.9. The full text of the proposed measure is attached to this resolution as Exhibit A (“City of Fremont Transactions and Use Tax Ordinance”) and shall be completely printed in the voter pamphlet. If a simple majority of qualified voters voting on the measure vote in favor therefor, the measure shall be deemed adopted as provided by law.
SECTION 6. Ballot Question. The question below shall be submitted to the voters and shall appear and be printed on the ballot as follows:
CITY OF FREMONT TRANSACTION AND USE TAX MEASURE
To prevent more cuts to essential City of
Fremont services, including maintaining
911 emergency response times, paramedic
services, police patrols, fire protection
services; preparing for natural disasters;
keeping streets, parks/ public areas clean
and safe; addressing homelessness; and
maintaining financial stability, shall the
measure establishing a half-cent sales tax,
providing approximately $30,000,000
annually until ended by voters, requiring
oversight, audits, public disclosure, and
keeping funds local, be adopted?
YES
NO
Resolution 2026-XX Page 3 of 4
SECTION 7. Impartial Analysis. Pursuant to California Elections Code section 9280, the City Clerk is hereby directed to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words, explaining the operation of the measure and its impact on existing law. The City Attorney shall submit the impartial analysis to the City Clerk for filing with the County Board of Supervisors, with a copy to the Registrar of Voters.
SECTION 8. Primary Arguments. Pursuant to Elections Code Section 9282, the City Council authorizes the Mayor to submit a ballot argument in favor of the measure on behalf of the City Council, not to exceed 300 words. At the Mayor’s discretion, the argument may also be signed by members of the City Council or representatives of bona fide associations or by individuals who are eligible to vote on the measure. Primary arguments must be submitted to the City Clerk by the administrative deadline established by the City Clerk’s Office.
SECTION 9. Rebuttals. The provisions of section 9285(a) of the Elections Code are adopted for the submission of rebuttal arguments. If an argument in favor and an argument against the measure are filed and selected to be printed in the Voter Information Guide, the City Clerk shall send a copy of each of the arguments to the opposing side. Each side may then submit a rebuttal argument, not to exceed 200 words, in compliance with the deadlines set by the City Clerk. The Mayor is authorized to submit a rebuttal argument on behalf of the City Council, which at the discretion of the Mayor, may also be signed by other councilmembers, by representatives of bona fide associations, or by individuals eligible to vote on the measure.
SECTION 10. City Clerk Duties. Pursuant to Elections Code section 9280 et seq., the City Clerk is authorized, directed, and designated as the City Elections Official responsible for administering all legal requirements and procedures relating to ballot arguments for this measure. The City Clerk shall establish and publish internal filing deadlines, receive and file primary arguments and rebuttals, verify the eligibility of signatories, and apply the statutory priority selection criteria set forth in Elections Code section 9287 if multiple arguments are submitted. The City Clerk shall further manage the mandatory 10-day public examination period for arguments and rebuttals as required by Elections Code section 9295, and upon completion of the review periods, shall transmit the final, approved texts of said arguments to the County Registrar of Voters for inclusion and printing in the official Voter Information Guide. The City Clerk is authorized and directed to give public notice of the election as required by law, and to procure and prepare all official notices and printed materials necessary to properly and lawfully conduct the municipal election, and to timely transmit all finalized ballot materials to the County Registrar of Voters in accordance with statutory deadlines. The City Clerk shall file a copy of this resolution with the Alameda County Board of Supervisors and Registrar of Voters forthwith.
SECTION 11. Hours of Polling. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day, when the polls shall be closed except as otherwise provided by law.
SECTION 12. Authorizations. The City Manager, City Attorney and City Clerk are authorized to make all approvals, expend funds, enter into any agreements, and take any and all actions necessary or appropriate to carry out and implement the terms of this resolution and to administer the City’s obligations, responsibilities and duties to be performed herein.
Resolution 2026-XX Page 4 of 4
SECTION 13. CEQA. Approval of this resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., [“CEQA”]; 14 Cal. Code Regs. §§ 15000 et seq. [“CEQA Guidelines”]). It is not a “project” as defined in CEQA Guidelines sections 15378(b)(2), 15378(b)(4) and 15378(b)(5), and it has no possibility of having a significant effect on the environment, as specified in CEQA Guidelines section 15061(b)(3), each as a separate and independent basis for CEQA compliance. The proposed transaction and use tax to be submitted to the voters is a general tax that creates a government funding mechanism that can be used for any legitimate governmental purpose and which does not involve a commitment to any specific project.
SECTION 14. Effective Date. This resolution applies only to the election to be held on Tuesday, November 3, 2026, and shall become effective immediately upon passage and adoption by the City Council of the City of Fremont. The City Clerk shall certify its adoption with the Elections Department of Alameda County as required by law.
ADOPTED ___________________, 2026, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ City Clerk City Attorney