Official Use Only: Date Stamp
BALLOT MEASURE SUBMITTAL FORM
Jurisdiction Name:
Election Date:
The City of Union City
November 8, 2016
BALLOT TITLE & QUESTION TO BE PRINTED
Note: The information as it appears within the text boxes will be printed on the ballot. The 75 word count limit begins
in the ballot title (if a title is provided); otherwise, the count begins in the ballot question.
Insert Ballot Title here (if applicable):
,
,
:
Insert Ballot Question here:
To maintain essential police/ fire services, including maintaining 911 emergency response times, paramedic services
/neighborhood police patrols; keeping fire stations open /maintaining fire prevention services; enhancing public
school safety; and maintaining youth violence prevention/ gang intervention programs; shall Union City extend its
existing voter approved public safety services measure, with an average rate of $123 per residential parcel, providing
f $4,100,000 annually for 4 years, without increasing taxes, requiring citizen's oversight, and no funds for Sacramento?
I
YES
NO
PERCENTAGE NEEDED TO PASS
TYPE OF MEASURE
Regular Measure
ill
Bond Measure
X
Parcel Tax
Charter Amendment
El
E
50% + 1
x
66.6667%
2/3
Other:
FULL TEXT OPTION
Full Text to be printed in the Voter Information Pamphlet:
X
C
E
YES (note: must submit separate copy of Full Text along with this form)
NO —A Full Text was not submitted
NO — Do not print, but it's available to the public at:
AUTHORIZED REPRESENTATIVE
The authorized representative/contact person should be the person who will be receiving the typeset proofs
Print Name:
Date:
Anna M. Brown, City Clerk
CONTACT INFORMATION (for office use)
CONTACT INFORMATION (for public)
Phone #:
Phone #:
E-Mail:
(
(510)675-5448
E-Mail: [email protected]
Website:
www.unioncity.org
12/2015
MEASURE __
CITY ATTORNEY’S IMPARTIAL ANALYSIS
The City Council of the City of Union City is submitting to the voters the question of whether to
approve an ordinance that would temporarily extend an existing special tax for “public-safety services”
within the City. If approved, Measure __ would continue an existing tax approved by the voters in 2004
and extended and enhanced by the voters in 2009.
The City operates a police department that serves the City and contracts with the Alameda County Fire
District to provide fire response and emergency services for the City. Both departments employ a
significant number of full-time employees. The City provides equipment and stations for both
departments. The City also operates other departments that provide youth violence prevention and
intervention services that contribute to the maintenance of public safety in the community. The
proceeds from the Measure will be used to purchase, operate and maintain equipment for public-safety
services, to pay salaries of police and fire personnel, and to provide funding for youth violence
prevention and intervention services and other public-safety services expenses.
The Measure will automatically expire after four (4) years unless extended by the voters. Measure __
will be imposed on the occupants of residential and non-residential property within the City. For fiscal
year 2016-17, the most common rate for single-family parcels is for parcels between 5,000 - 9,999 square
feet and is $143.02 annually and the most common rate for non-residential parcels is for parcels between
100,000 - 249,999 square feet and is $4,869.02 annually with varying rates for other property types and
sizes. The amount of the tax will be based on the use of the property and parcel size and will be
adjusted annually in accordance with the Consumer Price Index. Any annual adjustment is limited to
two percent (2%).
As with the previously approved public-safety services taxes, the Measure will not be imposed on
unimproved parcels, a partial refund will be available for unoccupied improved non-residential parcels,
and a low income exemption from the tax will apply for the duration of the tax.
If approved, one hundred percent (100%) of the proceeds of this local tax would be placed into a special
account and designated for public safety services within the City.
A “Yes” vote is a vote to approve the extension of the voter-approved public-safety services excise tax
for four (4) years. A “No” vote is a vote to not extend the existing tax and the existing tax would no
longer be collected. If Measure __ does not receive at least two-thirds (2/3) approval of those voting,
the measure will fail and the 2008-approved public-safety tax will expire in June, 2017, resulting in the
loss of approximately $4.1 million annually to the police, fire and youth violence and prevention
budgets.
The above statement is an impartial analysis of Measure ____. If you desire a copy of the proposed
ordinance, please call the City Clerk’s office at 510-675-5448 and a copy will be mailed at no cost to you.
Benjamin T. Reyes II, City Attorney
Kristopher J. Kokotaylo, Deputy City Attorney
City of Union City
ARGUMENT IN FAVOR OF MEASURE X
Keep our youth and neighborhoods safe – without raising tax rates – Vote YES on X!
YES on X extends existing Union City Public Safety Funding that you – our voters—first approved in
2004. Thanks to your ongoing support, YES on X will continue to address your public safety priorities for
the next four years:
•
•
•
•
•
Maintain 911 dispatch/paramedic services
Ensure rapid emergency/fire response times
Maintain youth violence prevention/gang intervention programs
Keep all Union City fire stations open full time
Maintain fire protection services
Incidents of youth violence have decreased by 30% over the past several years. YES on X keeps the
momentum up by maintaining youth prevention/safety programs.
Union City prides itself on its strong fiscal stewardship and quality of life. Many people don’t know that
Sacramento continues to take $5,000,000 from Union City annually. These state money grabs reduce the
funding we have available for our local public safety services. That’s why we need Measure X to
continue to maintain and prevent cuts to the safety services you expect and deserve.
Again, Measure X does not increase tax rates –it extends funding Union City voters have already
approved for another four years. Measure X continues to require strict fiscal accountability and requires
independent financial audits. Union City prides itself on its regular budget reports to the community to
ensure that all public/taxpayer funds are spent as promised. Low-income property owners are still
exempt from Measure X.
Active involvement in public safety is the duty of everyone in Union City. YES on X is the right decision
for you, your neighborhood, and Union City. Union City is a great place to live and your support will
continue to keep our city safe. Please join a unanimous Mayor and City Council, Police Officers,
Firefighters, Business, Community Leaders, and Neighbors—Vote YES on X. VOTE LOCAL!
_______________________________________
Mayor Carol Dutra-Vernaci
Stan Rodrigues
Union City Police Officer’s Association, Vice President
Jaime Jaramillo
Executive Director, Centro De Servicios
Jeanelle Singh
Old Alvarado Merchants Association,
Treasurer
Gertrude Gregorio
Former New Haven Unified School
District Trustee
Rebuttal to Argument in Favor of Measure QQ
NO on QQ sends a clear message to city leaders and Council. They are not managing our
scarce taxes dollars effectively. They continue to approve city budgets that spend more
money than they take in. Yes, your city is deficit spending. Now they are coming to you
again for more of your taxes dollars that they can mismanage.
Union City needs more sports fields, has a 75-acre parkland deficit, and has failed to come
through with their promise to build a teen center. City leaders are not investing in the
quality of life of the residents.
The City is also not attracting new businesses, which are important for economic growth.
An increase in property taxes is just another deterrent to potential new businesses.
The proponents place the blame on Sacramento for the City’s fiscal woes when they should
be looking at themselves. The City is accountable to voters, not Sacramento. Why trust the
City to spend your dollars wisely in the future when then they are not spending them
wisely now?
Enough is Enough!
Vote NO on Measure QQ
____________________________
Catherine Keesee
Union City CERT Member
____________________________
Elizabeth Ames
Former Union City Planning Commissioner
____________________________
Sarabijit Kaur Cheema
Former Union City Human Relations Commissioner
____________________________
Ramon Ramirez
Ramirez Farm, Owner
ARGUMENT AGAINST MEASURE _______
City Hall wrote this tax to “sunset” in four years so they can claim it’s “temporary”, but it
doesn’t provide any spending reforms for now or later. This tax does not do anything to
correct the fact that Union City is 75 acres short in providing parkland for residents. The
City has a structural fiscal deficit in a booming economy, meaning our City leaders are
spending more than they are taking in.
Vote No. Imposing a Union City property tax rate results in a higher rate than all our
neighboring cities. The City is failing to fund a desperately needed teen center
requested 20 years ago. It fails to fund 75 acres of parkland and it fails to fund separate
bike lanes for our youth, adults and the elderly. Our quality of life is not improving, and
the status quo of relying on taxpayers to make up structural deficits without reform
continues. This tax will continue to make our City less competitive, less business
friendly, less consumer friendly, and we still don’t have recreational and transportation
improvements to improve our quality of life. Union City will continue to have one of the
highest property tax rates in California. Union City is not attracting new business
investment because our tax rate is much higher than neighboring cities.
We can have a better Union City, but this tax measure is a “blank check” that lets
politicians make promises now without delivering later. We can’t afford more wasteful
spending without reforms and overdue changes to ensure our City is better run. We
shouldn’t reward City Hall for poor financial decisions by handing them more taxpayer
money without funding improvements to provide a higher quality of life for our
community. Vote NO to tell City Hall we need positive change!
Cathy Keesee
Union City Cert Member
Elizabeth Ames
Former Union City Planning Commissioner
Katherine Lesher
Neighborhood Watch Captain
Sarabjit K. Cheema
Former Union City Human Relations Commissioner
REBUTTAL TO ARGUMENT AGAINST MEASURE QQ
Measure QQ was placed on the ballot so you can decide if continuing to maintain public safety
with NO increase in the tax rate is a priority. If public safety is your priority, vote YES on QQ.
FACT: Union City has been fiscally responsible and accountable. Measure QQ was placed on the ballot after 18
community meetings and feedback from literally thousands of residents. Measure QQ does NOT increase
your taxes. It simply extends funding Union City voters have previously approved.
FACT: By law,every penny of Measure QQ funding can only be spent on public safety services that keep our youth
and neighborhoods safe. Measure QQ requires independent financial audits and annual reports to the community
to ensure that all funds are spent as promised. No money can be taken by the State.
FACT: Without continuing existing Measure QQ funding, Union City will need to reduce public safety
services, including:
•
•
•
•
Youth violence prevention and gang intervention programs
Fire station hours, affecting 9 1 1 r e s p o n s e times and risking lives and property
Community policing programs like Neighborhood Watch
Crime prevention and investigation services
Measure QQ maintains vital police/fire services, including gang intervention, fire protection, neighborhood
patrols, and rapid emergency response times. Vote YES on QQ to prevent cuts to vital public safety services
that keep our youth and neighborhoods safe.
For more information about Measure QQ, visit www.unioncity.org
Carol Dutra-Vernaci
Mayor Union City
Stan Rodriques
Union City Police Officers Association, Vice-President
Glenn Nate
Alameda County Transportation Commission, Independent Watchdog Committee
Gary Chu
Community Emergency Response Team (CERT), Board Member
David Acosta
Union City Park and Recreation Commissioner
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF UNION CITY AMENDING
TITLE 3, CHAPTER 3.20 OF THE UNION CITY MUNICIPAL CODE
TO EXTEND THE EXISTING, VOTER-APPROVED
MEASURE UU PUBLIC SAFETY SERVICES EXCISE TAX
WHEREAS, at an election held on March 2, 2004, greater than two-thirds of the voters
voting in the City of Union City approved a five (5) - year local funding measure that provided
revenue for police and fire protection services that could not be taken by the State, commonly
known as “Measure K;” and
WHEREAS, at an election held on November 4, 2008, greater than two-thirds of the voters
voting in the City of Union City approved an extension and enhancement of Measure K, commonly
known as “Measure UU,” for an additional eight (8) years, in order to fund essential police and
fire protection services in Union City as well as youth violence prevention and intervention
programs—funding that could not be taken by the State; and
WHEREAS, Measure UU provides approximately $4.1 million in revenue annually and
has been critical in providing essential police and fire protection services as well as youth violence
prevention and intervention programs; and
WHEREAS, Measure UU is set to expire on the eighth anniversary of the operative date
thereof, on June 30, 2017, unless extended by two-thirds of the voters voting in the City of Union
City; and
WHEREAS, the City of Union City has carefully evaluated how to address this potential
loss of funds, while continuing to provide the public safety services that community residents rely
upon and youth violence prevention and intervention programs that enhance quality of life; and
WHEREAS, without an extension of Measure UU, the City of Union City will have to
make $4.1 million of budget reductions and will not be able to maintain public safety services at
their current level and will be required to reduce the existing youth violence prevention and
intervention programs as identified in City Council Resolution 4930-16; and
WHEREAS, Union City needs to maintain and protect public safety services that keep our
neighborhoods and youth safe; and
WHEREAS, extending existing, voter-approved funding will maintain and protect public
safety services in Union City; and
WHEREAS, continued local revenue will help ensure rapid response times for fire and
emergency services are maintained; and
WHEREAS, incidents of youth violence have decreased by thirty percent (30%) between
2012 and 2015; and
WHEREAS, continued local revenue will maintain violence prevention and gang
intervention programs; and
WHEREAS, Union City wishes to continue to address public safety priorities that the
public has identified such as maintaining 911 dispatch and paramedic services, emergency
response times, neighborhood police patrols, safety at our public schools, fire protection services
and keeping all of Union City’s fire stations open full time; and
WHEREAS, if existing, voter-approved funding is not extended the City will have to cut
911 emergency response, community and neighborhood policing, youth and family services, and
partially close fire stations throughout the City; and
WHEREAS, extending existing, voter-approved local funding for public safety services
will continue to require independent financial audits and yearly reports to the community to ensure
that all funds are spent as promised; and
WHEREAS, an extension of Measure UU will ensure that all money raised will be utilized
for local services, and cannot be taken away by the State; and
WHEREAS, Measure UU was enacted by Ordinance No. 717-08 and is codified in
Chapter 3.20 of the Union City Municipal Code. Section 4 of Ordinance No. 717-08 provides that
Measure UU is set to expire eight (8) years from its operative date unless extended by the voters
which would deprive the City of a crucial source of funding to prevent severe cuts to essential
police and fire protection services as well as youth violence prevention and intervention programs;
and
WHEREAS, it is the purpose and intent of this Ordinance to authorize the adjustment of
the City’s Tax from the current rates for each parcel type, as set forth in Section 3.20.030 of the
Union City Municipal Code (“Tax Rate Schedule”), to new rates as set forth below. The tax is a
parcel tax and a special tax. The imposition of a new “Tax Rate Schedule” is necessary to continue
to provide essential public safety services to occupants of residential and nonresidential real
property throughout the City for a period of four (4) years; and
WHEREAS, the City recognizes that occupants of both residential and nonresidential
property use public-safety services. However, the City has determined that the use of public-safety
services by occupants of various classes of residential and nonresidential properties differ
significantly in their occupants’ respective uses of public-safety services. Therefore, the City has
calculated the tax to take into account the relative use of public-safety services by the occupants
of the uses of developed property; and
WHEREAS, the City has determined that the size of a parcel has a direct relationship to
the usage of public safety services. A larger parcel, whether residential, commercial, industrial or
mixed-use, is likely to have larger structures, more occupants and more visitors located on it
(referred to as “values at risk”), thus generating more use of public safety services. The annual
Tax on single-family residences, commercial and industrial, and mixed-use parcels is therefore
tied to the size of the parcel; and
WHEREAS, the City has determined that the tax structure, as reflected in the “Tax Rate
Schedule” set forth below, reflects the relative occupancies and values at risk associated with each
parcel size category and the differing uses of public safety services by residents of each parcel size
category; and
WHEREAS, the “Tax Rate Schedule” as set forth below is intended to be proportional to
and based on estimates of typical use of and benefit from public-safety services by occupants of
different residential parcels and of nonresidential parcels of different types. The rates are not
tailored to individual use both because such tailoring is not administratively feasible and because
the City must make public-safety services available to all parcels and owners and occupants of
parcels equally; and
WHEREAS, the “Tax Rate Schedule,” as set forth below, represents the cost in today’s
dollars of the privilege of using and use of real property which generates the need for public-safety
services. However, the cost of the privilege of using and the use of real property which generates
the need for public-safety services will vary based on market conditions and inflation rates. To
capture the changes in the cost of providing the public safety services to occupants of residential
and nonresidential parcels the “Tax Rate Schedule” schedule will be adjusted annually in
accordance with the Consumer Price Index (“CPI”), but will not exceed 3% and in no event will
result in a “Tax Rate Schedule” for any fiscal year which is less than the amount established for
the preceding fiscal year; and
WHEREAS, the Tax is an excise tax based on the privilege of using and the use of real
property, which generates the need for public-safety services. It is not a tax on real property, nor
is it any other kind of tax on property or the ownership of property. It is not a transaction or sales
tax on the sale of real property. Finally, because the tax proceeds are deposited in a special fund
and the fund is restricted for the provision of public-safety services, the tax is a special tax.
THE PEOPLE OF THE CITY OF UNION CITY DO ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. Amendment of Section 3.20.030 of the Municipal Code. Section 3.20.030
“Amount of tax” of the Union City Municipal Code is hereby amended to read as follows:
The tax on each parcel of real property in the City shall depend on the use to which the occupant
or owner has put the property and the size of the parcel. The tax per year on each parcel in the City
shall not exceed the amount applicable to the parcel, as specified below.
No later than July 15 of each year, City Manager shall determine the amount of taxes to be levied
upon the parcels in the City for the then-current fiscal year as set forth below.
Tax Rate Schedule
Parcel type
Single-family residential
parcel
Multi-family residential
parcel
(tax imposed on perdwelling-unit basis)
Mobile Home Park
parcel (tax imposed on a
per dwelling-unit basis)
Non-residential parcel
Parcel size
(square feet)
0–4,999
5,000–9,999
10,000–14,999
15,000–19,999
20,000+
N/A
Current amount of
tax (FY 2016/17)
$127.8230
$143.0183
$165.8512
$188.6840
$214.5332
$88.2468
Maximum Amount of
tax (FY 2017/18)
$130.3794
$145.8787
$169.1682
$192.4577
$218.8238
$90.0117
N/A
0–9,999
10,000-24,999
25,000-49,999
50,000-99,999
100,000-249,999
250,000 +
$44.1234
$304.3166
$608.6332
$1217.2550
$2434.5099
$4869.0198
$9738.0511
$45.0059
$310.4029
$620.8058
$1241.6001
$2483.2001
$4966.4002
$9932.8121
The foregoing Tax Rate Schedule shall apply for the 2017/2018 fiscal year commencing
July 1, 2017 and ending June 30, 2018. In order to keep the tax on each parcel in constant first
year dollars for each fiscal year subsequent to 2017/2018, the tax per year shall be adjusted as set
forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year the tax
is levied. The tax per year on each parcel for each fiscal year subsequent to the first fiscal year
shall be an amount determined as follows:
Tax Per Parcel
For Then Current
Fiscal Year
=
Tax Per Parcel
For Preceding
Fiscal Year
X
Change In Consumer Price
Index From April Of Current
Fiscal Year To April Of
Immediately Preceding Fiscal
Year Or 1.02, Whichever Is Less
Provided, however, that in no event shall the tax per parcel for any fiscal year be less than
the amount established for the preceding fiscal year.
If an undeveloped parcel becomes developed, the applicable tax for that fiscal year shall
be one-twelfth the tax applicable to the property, based on its parcel type once developed,
multiplied by the number of months, or part thereof, that is developed.
The tax on mixed-use property shall be based on the proportion that each type of
development represents as part of the whole development. The exact calculation shall be defined
more specifically in administrative guidelines adopted pursuant to this chapter.
A low income exemption is hereby established for the duration of this tax. The low income
exemption shall apply to property owners with incomes at or below the Annual Very Low Income
(fifty percent of median income) limits for Federal Housing and Urban Development (HUD)
Programs, provided that written proof of income is provided annually to the City on such a form
as may be required by the Administrative Services Director.
The taxes levied on each parcel pursuant to this section shall be a charge upon the parcel
and shall be due and collectible as set forth in Section 3.20.060.
SECTION 4. Four-Year Sunset. If this ordinance becomes effective, it shall remain in effect
for four (4) years from its effective date, and the Tax Rate Schedule provided in Section 3 above
shall apply in the 2017/2018 Fiscal Year. If this ordinance does not become effective, then
Ordinance No. 717-08 shall continue in effect for the term provided in Section 4 thereof.
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the Ordinance, including the application
of such part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, provisions of this Ordinance are severable. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional,
invalid, or unenforceable.
SECTION 6. Authority for Ordinance. This Ordinance is enacted pursuant to the authority of
Government Code Section 50077 and Article XIIID, Section 3(a) of the California Constitution.
SECTION 7. Challenge to Tax. Any action to challenge the tax imposed by this Ordinance shall
be brought pursuant to Government Code Section 50077.5 and Code of Civil Procedure Section
860 et seq..
SECTION 8. Publication and effective date. Within fifteen (15) days from and after adoption,
this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation
printed and published in Alameda County and circulated in the City of Union City, in accordance
with California Government Code Section 36933. If this Ordinance is approved by two-thirds of
the voters voting on the issue at the November 8, 2016 election, pursuant to Elections Code Section
9217, the tax shall become effective ten (10) days after the Council certifies the results of the
election.
APPROVED by the following vote of the People of the City of Union City on November 8, 2016:
AYES:
NOES:
ADOPTED by Declaration of the November 8, 2016 election results by the City Council of the
City of Union City at a regular meeting held on ___________________________, 2016, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS
APPROVED:
_____________________________
Carol Dutra-Vernaci, Mayor
ATTEST:
APPROVED AS TO FORM:
_____________________________
Anna Brown, City Clerk
______________________________
Benjamin T. Reyes II, City Attorney