RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON CALIFORNIA, CALLING A GENERAL MUNICIPAL ELECTION ON TUESDAY NOVEMBER 3, 2026 TO SUBMIT A TRANSACTIONS AND USE TAX MEASURE TO THE VOTERS WHEREAS, aging City infrastructure critically needs improvement and maintenance.
WHEREAS, City streets and roads, many of which develop potholes, especially need repaving and other improvement and maintenance.
WHEREAS, City Council adopted Ordinance No. 3284 on July 7, 2020 creating an Infrastructure Fund and requires the City to transfer at least 50% of property tax and sales tax revenues above a baseline level to the Infrastructure Fund and limits expenditure of Infrastructure Fund moneys to certain infrastructure uses.
WHEREAS, the Infrastructure Fund does not provide sufficient funding to restore City streets and infrastructure to the desired condition.
WHEREAS, Revenue and Taxation Code Section 7285.91 authorizes City Council to give the City voters an opportunity to approve an ordinance adopting a transactions and use tax.
WHEREAS, retailers generally collect transactions and use taxes along with sales tax. The California Department of Tax and Fee Administration administers these taxes, commonly referred to as “local sales taxes”, on behalf of the City.
WHEREAS, a 0.5% transactions and use tax is commonly referred to as a “half-cent local sales tax”.
WHEREAS, City Council must, by a two-thirds vote of all of members, adopt the ordinance imposing a transactions and use tax, however, the tax does not become effective unless voters also approve the ordinance by a two-thirds vote of those casting ballots in the election.
WHEREAS, the City may spend transactions and use tax proceeds adopted pursuant to Revenue and Taxation Code Section 7281.91 solely on the purpose authorized in the ordinance adopting the tax.
WHEREAS, City Council previously called a General Municipal Election (the “Election”) for November 3, 2026 to elect Members of the City Council from District 3 and District 5 for full terms of four years and requested consolidating the election with the Statewide General Election conducted on the same date by the Orange County Registrar of Voters.
WHEREAS, City Council desires to submit an meaure to the voters at the Election to adopt a transactions and use tax dedicated to funding certain public infrastructure maintenance, repair and replacement, with an emphasis on funding local streets, arterials, alleys and sidewalks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESOLVES AS FOLLOWS:
1. The above recitals are true and correct and a substantial part of this resolution.
2. City Council calls a General Municipal Election held in the City of Fullerton, California on Tuesday, November 3, 2026 to submit the following question to the voters:
Fullerton Street Improvement and Infrastructure Measure. To repair and pave Fullerton’s streets, roads, and potholes and improve and maintain aging infrastructure; ensure funds from this measure be restricted for these purposes with at least 75% used for street improvements until roads reach good condition citywide; shall Fullerton adopt a 1/2¢ locally controlled sales tax generating approximately $15,000,000 annually, until ended by voters, requiring independent financial audits, citizens’ oversight, and public reporting? YES
NO
4. City Council submits the complete text of the measure in the attached ordinance (Exhibit A) and incorporated herein by reference (the “Ordinance”) to the voters at the Election as the Fullerton Streets and Infrastructure Restoration Measure.
5. Ordinance adoption requires a two-thirds vote of the votes cast to pass.
6. The ballots used at the election shall be in form and content required by law.
7. City Council authorizes, instructs and directs the City Clerk to coordinate with the County of Orange Registrar of Voters to procure and furnish all official ballots, notices, printed matter and all supplies, equipment and paraphernalia necessary to properly and lawfully conduct the election.
8. The vote center locations and hours of operation, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange and in compliance with the California Elections Code. The vote centers shall open no later than 7:00 a.m. on the day of the election and remain open continuously from that time until 8:00 p.m. on the same day when the polls shall close, pursuant to Election Code Section 10242, except as provided in California Elections Code Section 14401.
5. The City shall hold and conduct the election as provided by law for holding municipal elections in all particulars not recited in this resolution.
6. This resolution gives notice of the time and place of the election and authorizes, instructs and directs the City Clerk to give further or additional election notice in time, form and manner as required by law.
7. The City Clerk shall certify adoption of this Resolution and enter it in the book of original Resolutions and file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters.
9. City Council authorizes the City Clerk to administer said election and the City shall pay all reasonable and actual election expenses upon presentation of a properly submitted bill.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JULY ___, 2026. ____________________________
Fred Jung
Mayor
ATTEST:
______________________________
Lucinda Williams, MMC
City Clerk
______________________________
Date
Attachments:
Attachment 1 – Draft Ordinance
Resolution No. 2026-XXX