RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY CALLING AN ELECTION TO BE HELD ON NOVEMBER 3, 2026, FOR
VOTER CONSIDERATION OF A BALLOT MEASURE SEEKING VOTER
AUTHORIZATION TO AMEND MUNICIPAL CODE CHAPTER 3.28 TO
EXTEND THE TERM OF THE CITY’S EXISTING UTILITY USERS TAX WITHOUT A RATE INCREASE; ESTABLISHING POLICIES AND
PROCEDURES IN CONNECTION WITH SUCH AN ELECTION;
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
ALAMEDA TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION
WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2026;
REQUESTING CERTAIN SERVICES OF THE REGISTRAR OF VOTERS
OF ALAMEDA COUNTY WITH RESPECT TO THE CONSOLIDATED
GENERAL MUNICIPAL ELECTION; AND PROVIDING FOR SUBMITTAL
OF BALLOT ARGUMENTS AND REBUTTALS AND AUTHORIZING THE
FILING OF AN IMPARTIAL ANALYSIS
WHEREAS, the City of Union City (the “City”) is authorized to levy a Utility Users Tax (“UUT”); and
WHEREAS, Chapter 3.28 of the Union City Municipal Code establishes a UUT of five percent (5%) within the City; and
WHEREAS, the UUT is paid by recipients of telecommunications, video (including all means and methods of transmission), electric, and gas utility services, collected by the utilities as part of regular billing, and remitted to the City; and WHEREAS, the UUT will automatically expire on December 31, 2028; and WHEREAS, the UUT generates approximately seven million dollars ($7,000,000) annually for the City’s General Fund; and
WHEREAS, the City wishes to maintain vital services for thousands of Union City citizens every year; and
WHEREAS, extending voter-approved locally controlled funding with no increase in tax rate will maintain public safety, pothole repair and street maintenance, crime prevention, parks and recreation programs, and other city services with funding that cannot be taken by the State; and
WHEREAS, the public has indicated that maintaining 9-1-1 emergency response times and fire protection is a top priority; and
WHEREAS, continuing this local funding will help keep community police officers on the streets to maintain successful crime-fighting efforts that keep Union City residents safe; and
WHEREAS, Council wishes to prevent serious cuts to City services, which it would have to consider if another revenue source is not identified; and Resolution No. 2026-XXX
UUT Extension Ballot Measure
WHEREAS, voter-approved, locally controlled funding has helped maintain the City’s emergency reserves and fiscal stability; and
WHEREAS, by law, all funds from an extension of existing, voter-approved local funding must continue to stay in Union City to maintain local services – no funds can be taken by Sacramento or the federal government; and
WHEREAS, all funds will continue to be subject to mandatory financial audits and yearly reports to the community to ensure funds are spent as promised; and WHEREAS, Union City voters initially approved the UUT in November 2020; and WHEREAS, the UUT is and was always intended to apply to all means of transmission for video services, including transmission via the internet and streaming services. The immediately preceding sentence is declarative of existing law; and WHEREAS, Article XIII C, Section 2(b) of the California Constitution requires that any general tax for unrestricted general revenue purposes, such as a utility users tax, be submitted to the electorate and approved by a majority of the voters voting on the measure; and
WHEREAS, the tax extension imposed by this proposed measure will only become effective if approved by a simple majority of the City’s voters voting on the question at the November 3, 2026 election; and
WHEREAS, based on all the information presented at the July 14, 2026, meeting of the City Council, both written and oral, including the staff report and other relevant materials, the City Council finds that approval of this Resolution is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) because this Resolution places a measure on the ballot that, if approved, would extend the term of the UUT without a rate increase, and it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that:
Section 1. The foregoing recitals are true and correct and hereby incorporated by reference.
Section 2. The City Council is authorized to present a measure to the voters for their consideration pursuant to Elections Code Section 9222 and Government Code Section 53724.
Section 3. Pursuant to the requirements of the laws of the State of California, the City Council hereby calls an election at which it shall submit to the qualified voters of the City of Union City a measure that, if approved by a majority vote, would extend the term of the UUT, without a rate increase, for an additional nine (9) years. This measure shall be designated by letter by the Alameda County Registrar of Voters. Pursuant to California Resolution No. 2026-XXX
UUT Extension Ballot Measure
Elections Code Section 10400 et seq., the election for this measure shall be consolidated with the established statewide election to be conducted on November 3, 2026.
Section 4. The City Council does hereby submit for adoption by the qualified voters of the City of Union City at the General Municipal Election of November 3, 2026, the following question:
YES
“Union City Essential Services Extension Measure. To
maintain critical city services, including 9-1-1 emergency response/paramedics/fire protection; street/pothole repair; neighborhood police patrols; crime/gun violence prevention programs; youth/senior programs; and other city services, shall the measure extending the City of Union City’s existing voter-approved utility users tax for 9 years at the current 5% rate (no increase), providing $7,000,000 annually, with senior/ low-income exemptions, annual audits, and all funds locally controlled, be adopted?”
NO
Section 5. The full text of the proposed measure to be submitted to the voters is attached hereto as Exhibit A (the “Measure”). If a simple majority of the qualified voters voting on the Measure vote in favor thereof, the Measure shall be deemed adopted and shall be in full force and effect ten (10) days after the date the vote is declared by the City Council of the City of Union City. The City Council hereby approves the Measure, attached as Exhibit A, the form thereof, and its submission to the voters of Union City at the November 3, 2026 election.
Section 6. Pursuant to California Elections Code Sections 10002 and 10403, the Board of Supervisors of Alameda County is hereby requested to order the consolidation of the General Municipal Election called by this Resolution with the statewide General Election to be held on November 3, 2026, and to permit the Alameda County Registrar of Voters to provide all services necessary to properly and lawfully hold and conduct the consolidated election, including, without limitation, the preparation and printing of ballots and voter information guides, election supplies, voting equipment, registration materials, canvassing, and all other materials and services required to conduct the election. The City acknowledges that the County will incur additional costs by reason of the consolidated election and agrees to reimburse the County in accordance with the County’s established rates.
Section 7. The City Clerk is authorized, instructed, and directed to work with the Office of the Registrar of Voters as needed in order to properly and lawfully conduct the election.
The ballots to be used in the election shall be in form and content as required by law. The Office of the Registrar of Voters is authorized to canvass the returns of the general municipal election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Registrar of Voters of Alameda County.
Resolution No. 2026-XXX
UUT Extension Ballot Measure
Section 8. Unless otherwise specified in this Resolution, the General Municipal Election shall be held and conducted as provided in Resolution No. 2026-061, and as provided by law for holding municipal elections.
Section 9. (a) In accordance with Elections Code Sections 9282 and 9283, arguments submitted for or against the Measure shall not exceed 300 words in length, may be signed by not more than five (5) persons, and shall be printed and distributed with the voter information guide as provided by law.
(b) In accordance with Elections Code Section 9282, the applicable heading, “Argument In Favor Of Measure ____” or “Argument Against Measure ____,” shall precede each argument. The blank space shall be filled only with the letter or number designating the Measure. The heading shall not be counted toward the 300-word limit. (c) In accordance with Elections Code Section 9283, printed arguments submitted to voters in accordance with Section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers. Arguments shall be filed with the City Clerk no later than 5:00 p.m. on July 28, 2026. (d) The City Council hereby authorizes ____________________________ to prepare and file a ballot argument in favor of the Measure set forth in this Resolution.
The argument may be signed by members of the City Council, representatives of bona fide associations of citizens, and individual voters eligible to vote on the Measure, provided that no more than five (5) signatures shall appear with the argument. Members of the City Council who sign the argument may use their official titles. In accordance with Elections Code Sections 9282 and 9287, an argument submitted by the City Council or by a member or members of the City Council authorized by the City Council shall receive the priority provided by law.
Section 10. (a) Pursuant to Elections Code Section 9285, when the City Clerk has selected the arguments for and against the Measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.
(b) A rebuttal argument shall not exceed 250 words and may be signed by not more than five (5) persons. The author or a majority of the authors of the direct argument may prepare and submit the rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. (c) Rebuttal arguments for or against the Measure shall be filed with the City Clerk no later than 5:00 p.m. on August 7, 2026.
(d) The City Council hereby authorizes ____________________________, subject to any written authorization required by Elections Code Section 9285, to prepare Resolution No. 2026-XXX
UUT Extension Ballot Measure
and file a rebuttal argument in favor of the Measure set forth in this Resolution. The rebuttal argument may be signed by members of the City Council, representatives of bona fide associations of citizens, and individual voters eligible to vote on the Measure, provided that no more than five (5) signatures shall appear with the rebuttal argument.
Members of the City Council who sign the rebuttal argument may use their official titles.
Section 11. In accordance with Elections Code Section 9280, the City Attorney is directed to prepare and file with the City Clerk, no later than 5:00 p.m. on July 28, 2026, an impartial analysis of the Measure, not to exceed 500 words, showing the effect of the Measure on existing law and the operation of the Measure.
Section 12. (a) The City Clerk is directed to file a certified copy of this Resolution, including Exhibit A, with the Board of Supervisors of Alameda County and the Alameda County Registrar of Voters. The City Clerk is authorized and directed to take all steps necessary to place the Measure on the ballot and to cause a synopsis of the Measure to be published once in a newspaper of general circulation in accordance with California Elections Code Section 12111 and California Government Code Section 6061. A copy of the Measure shall be made available to any voter upon request. The City Clerk is further authorized and directed to provide any additional notice of the Measure in the time, form, and manner required by law.
(b) In all particulars not recited in this Resolution, and except as provided for in Elections Code Sections 10403 and 10418, the election shall be held and conducted as provided by law for holding municipal elections.
Section 13. The approval of this resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”), based on the general rule set forth in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This resolution places a measure on the ballot that, if approved, would extend the term of the UUT without a rate increase; thus, it can be said with certainty that the Measure will not have a significant effect on the environment.
Resolution No. 2026-XXX
UUT Extension Ballot Measure
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on July 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments
1. Exhibit A - Proposed Measure