Title
Adoption of Resolution Calling for the Holding of a Consolidated Municipal Election in the City of Alameda on Tuesday, November 3, 2026, for the Submission of a Proposed Charter Amendment to Amend and Repeal Outdated Provisions, Establishing the Policies and Procedures for Such an Election, requesting that the County of Alameda Conduct Such an Election, and Authorizing City Councilmembers to File Written Arguments For or Against the Measure. (City Clerk)
Body
To: Honorable Mayor and Members of the City Council
From: Lara Weisiger, City Clerk
EXECUTIVE SUMMARY
A City of Alameda (City) Council Charter Review Subcommittee would like City Council to consider amending various sections of the City Charter (Charter) that are outdated or no longer applicable. If City Council is in support of the amendments to the Charter, City Council should adopt a resolution placing the measure on the November 3, 2026 ballot. If the measure is placed on the ballot, the resolution also authorizes the City Council, or members thereof, to submit arguments for or against the measure.
BACKGROUND
In 2025, Mayor Ezzy Ashcraft formed a Charter review subcommittee. Mayor Ezzy Ashcraft and Vice Mayor Pryor served on the subcommittee and met to review and propose Charter amendments. The subcommittee directed staff to proceed with bringing three proposed amendments to City Council, including a cleanup measure.
DISCUSSION
Election Code Section 1415 establishes when Charter proposals may be submitted to the voters. This measure proposes cleanup of outdated language and provisions. The proposed ballot question and ballot measure language for the measure is being presented to City Council for approval to be submitted to the voters. Any City Council action to advance a measure to the November ballot does not equate to City Council support or opposition to the measure, which would be addressed through the ballot arguments discussed below. Placing the measure on the ballot provides Alameda voters the opportunity to consider and decide whether to amend Section 3-10.
If the measure receives a majority vote of those voting on the measure, the Charter provisions in question will be amended or deleted as proposed. Each ballot question is limited to 75 words.
Ballot Title and Question:
City of Alameda Charter Amendment
Shall the measure amending City Charter Sections 2-1.1, 2-3, 2-10, 3-7(G), 3-14, 7-2(J), 8-2, 8-5, 10-3, 10-6, 10-7, 10-12,. 12-4(A) and (B), 14-1, 17-10, 28-2, 28-3 and 28-4, and repealing Sections 12-3(D) and 23-3 to amend and repeal outdated provisions be adopted?
Full Text of Measure:
If the measure receives a majority vote of those voting on the measure, the various Charter Sections will be amended as follows:
Section 2-1.1 would be amended as follows:
Notwithstanding any other provision of this Charter to the contrary, the matters contained in this Section shall be controlling as to the office of the Mayor. Commencing April 20, 1971, and thereafter, tThe Mayor shall be an elective officer of the City, and shall hold office for a term of four years and until their successor is elected or appointed and qualified, unless sooner removed from office pursuant to Article XX of this Charter or otherwise. The method of nomination and election of the Mayor shall be as provided in this Charter for the nomination and election of other elective officers of the City. The office of Mayor shall be a separate office and be arranged on a ballot in a separate column and shall be first in order of arrangement. Eligibility for office of Mayor shall consist of the qualifications set forth in this Charter for other elective officers. The provisions of this Charter which provide for the manner of selecting a candidate to fill office in the event of a tie vote shall apply to the office of Mayor. A vacancy in the office of Mayor shall be filled in the manner set forth in Section 2-7 of this Charter. The Mayor shall receive an annual salary not to exceed 30% of the salary for “All Occupations, United States Bureau of Labor Statistics, Occupational Employment and Wage Statistics, San Francisco-Oakland-Hayward Area,” payable at the time and in the manner as fixed by Council resolution, and shall be in addition to that provided in Section 6-4. The intent of this section is hereby declared to be only to make the Mayor an elective officer of the City and to provide the compensation therefor, as set forth herein. Except to the extent they are inconsistent with the provisions of this section, other provisions of this Charter relating to the Mayor shall apply to the Mayor provided for by this section.
Section 2-3 would be amended as follows:
(A) The City Council shall establish by a majority vote ordinance offices for the administration of departments of the City and the incumbents thereof shall be appointed by and hold office at the pleasure of the City Manager, City Attorney or City Clerk. Employees appointed pursuant to this section shall serve at the pleasure of their respecting appointing authority and shall not be subject to Civil Service requirements. Once established those offices may be changed, deleted or new ones added by vote of a majority of the Council.
(B) The City Council may also establish by a majority vote classifications that are direct support staff members of elected officials. Such elected official(s) shall be the appointing authority for their assigned support staff member(s). Employees appointed pursuant to this section shall serve at the pleasure of their respecting appointing authority and shall not be subject to Civil Service requirements. Once established the classifications may be changed, deleted or new ones added by vote of a majority of the Council.
Section 2-10 would be amended as follows:
In the event of a vacancy:
(A) Iin the office of Auditor or, Treasurer, City Attorney, or City Clerk, the Council shall, within sixty twenty-one days thereof, designate someone to perform the duties of the vacant office until such time as a successor may be appointed. Until a successor is appointed, the City Manager shall designate someone to provide for the performance of the duties of the vacant office and is authorized hereby to execute documents required thereof to continue normal operations.
(B) In the office of City Attorney, City Manager or City Clerk, the City Council shall, within sixty days, or as soon as possible if circumstances necessitate additional time beyond sixty days, designate someone to perform the duties of the vacant office until such time as a successor may be appointed. Prior to the absence or vacancy occurring, incumbents of such offices shall designate a qualified employee to act in their absence or vacancy until the Council makes the necessary appointment. In the event of a sudden and unexpected absence or vacancy where no acting appointment is made, the Mayor shall make the acting appointment pending Council action.
Section 3-7(G) would be amended as follows:
Establish and abolish offices and positions of employment and fix the compensation and duties thereof, except as herein otherwise provided.
Section 3-14 would be amended as follows:
Before final adoption of an ordinance, its title, a digest thereof, a notice showing the date, time and place of hearing on its final adoption, and notice that three full copies thereof are available for use and examination by the public in the office of the City Clerk, shall be published once in the Official Newspaper of the City at least three days before said hearing date. Notice of the adoption of an emergency ordinance, its title, and a digest thereof shall be similarly published once within three days after its adoption, as soon as possible.
Section 7-2(J) would be amended as follows:
To appoint technical advisory experts or boards with the consent of and at such compensation as may be provided by the Council.
Section 8-2 would be amended as follows:
The City Attorney shall have the authority and discretion to prosecute all violations of the ordinances of the City, and all misdemeanor offenses arising out of the laws of the State of California. The City Attorney shall, subject to the general direction of the Council, board or elective officer having jurisdiction of the matter, prosecute and defend for the City, and all boards, officers and employees in their official capacity all proceedings before judicial or quasi-judicial tribunals. The City Attorney shall not compromise, settle or dismiss any action for or against the City without permission of the Council, which may be granted by ordinance, resolution or motion. The City Attorney shall not commence any action on behalf of the City without permission of the Council, which may be granted by ordinance, resolution or motion or written instruction of the City Manager. The City Attorney shall be the legal advisor of and attorney and counsel for the City and for all officers and boards thereof, in all matters relating to their official duties, and whenever requested in writing by any of them, the City Attorney shall give legal advice in writing.
Section 8-5 would be amended as follows:
The Council, or any board with the consent of the Council, may empower the City Attorney, at their request, to employ special legal counsel. Such consent may be provided by ordinance, resolution or motion.
Section 10-3 would be amended as follows:
The Public Utilities Board shall consist of five members, one of whom shall be the City Manager, who shall have full power of participating and voting, and one of whom shall be an electrical, civil, environmental or mechanical engineer or engineer with experience in alternative energy. Upon nomination of the Mayor, the Council shall appoint one member of said Board for a term commencing on the first day of July following such appointment and continuing for four years and thereafter until the successor of such member is appointed and qualified.
Section 10-6 would be amended as follows:
All members of such boards shall, at the time of their appointment and continuously during their incumbency, be residents electors of the City and 18 years of age or older.
Section 10-7 would be amended as follows:
Each person appointed to membership of any of said boards shall be particularly qualified to discharge the functions of their office and, to that end:
One member of the Public Utilities Board shall be an electrical, civil, mining or mechanical engineer.
Section 10-12 would be amended as follows:
No position of employment with any right of compensation attached thereto shall be established under the jurisdiction of any said boards, except the Public Utilities Board and the Library Board, except by action of the Council.
Section 12-3 (D) would be repealed in its entirety as follows:
No employee of the Board receiving compensation from it shall be, or within one year preceding their employment have been, a member of the Board. Repealed.
Section 12-4 (A) would be amended as follows:
Keep fiscal books and records for each utility under its control and management in the manner prescribed by the California Railroad Commission or its successor in authority Board, and all other fiscal records in the manner prescribed by the Auditor.
Section 12-4 (B) would be amended as follows:
File with the Auditor and Council monthly fiscal reports from the Board, and an annual audit prepared by a Certified Public Accountant selected by the City Council City Auditor.
Section 14-1 would be amended as follows:
The City Planning Board shall have such powers and duties as may be delegated by City ordinance. It shall have power to investigate and recommend plans for land use, the future development, improvement and beautification of the City, including landscaping, planting and care of trees on public streets, parks and playgrounds, the improvement and development of harbor facilities, the location and improvement of public buildings and works and the subdivision, and zoning of land.
Section 17-10 would be amended as follows:
The City Manager shall present to the Mayor and City Council a quarterly report on the revenues and expenditures as compared to the adopted budget of all funds of the City. The form of such report shall be both narrative and budgetary in order to inform the Mayor and City Council of the financial status of the City. The Auditor will review each report with the Mayor and City Manager.
Section 23-3 would be repealed in its entirety as follows:
All officers and employees of the City at the time this Charter takes effect shall continue in office for the remainder of their respective terms (if fixed) or until removed as herein provided (if for an indefinite term), subject to all the provisions of this Charter. Repealed.
Section 28-2 would be amended as follows:
POWERS AND DUTIES: The purposes, powers, procedures and duties of the Board shall be established by ordinance those set forth in Chapter 9 of Title X of the Alameda Municipal Code.
Section 28-3 would be amended as follows:
ESTABLISHMENT AND COMPOSITION: There is hereby established an Historical Advisory Board composed of five (5) members, appointed by the Alameda City Council and serving without pay. The members shall be: one registered architect; one State-licensed general building contractor; and three members shall have an interest in community design have demonstrated an interest in the history, heritage and architecture of the City of Alameda and shall be residents of the City.
Section 28-4 would be amended as follows:
TERMS OF OFFICE: Members shall serve for a term of four (4) years and may be reappointed for a second term of office. Terms shall be staggered so that the number of terms expiring any year shall not differ more than one from the number of terms expiring in any other year. Members shall serve until their successors are appointed. Current members of the Commission shall have their terms decided by lot and their present terms shall not be considered.
Ballot Arguments and Impartial Analysis:
In addition, the resolution authorizes the City Council to submit arguments and rebuttals concerning the measure. Arguments and rebuttals shall be submitted in accordance with Elections Code Sections 9280-9287. The City Clerk, as the City Elections Official, has set the deadline for submitting arguments as 5:00 p.m. on Thursday, July 23, 2026 and rebuttals are due 5 p.m. on Monday, August 3, 2026.
If the City Council elects to prepare ballot arguments and potential rebuttals, it has the following options: 1) draft an argument as a whole body in open session and decide signers at that time; 2) authorize no more than two Councilmembers to meet as a subcommittee of the City Council to draft an argument and have the entire City Council sign; 3) authorize no more than two Councilmembers to draft an argument and decide the combination of Councilmembers and/or other signers; or 4) authorize no more than two Councilmembers to draft and sign an argument and have up to three/four other signers. The City Council could also elect not to draft an argument.
The resolution also directs the preparation of the City Attorney’s impartial analysis of the effects of the measure. The impartial analysis is due by 5 p.m. on Monday, August 3, 2026.
ALTERNATIVES
• Adopt the resolution placing the measure on the November 3, 2026 ballot amending/deleting the Charter sections as described in this agenda report.
• Adopt the resolution placing the measure on the November 3, 2026 ballot amending/deleting only some of the Charter sections described in this report.
• Direct staff to return to City Council with revised Charter amendment language, such as splitting amendments into multiple measures.
• Do not adopt the resolution placing the Charter amendment on the November 3, 2026 ballot.
• City Council also has alternatives related to drafting the argument and rebuttal, which are outlined above.
FINANCIAL IMPACT
Since the City will have an election in November 2026, there is an additional cost of approximately $40,000 to place one measure on the ballot. If two measures are placed on the ballot, it would cost approximately $20,000 more for each additional measure up to four measures. The total cost of consolidating the election could potentially double if over five measures are placed on the ballot. Funds are available in the General Fund, City Clerk’s Department (10022022).
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The City Charter is the policy document governing the City. Any amendments must be approved by the voters.
ENVIRONMENTAL REVIEW
Adoption of the attached resolution placing the measure on the ballot is not subject to environmental review under the California Environmental Quality Act (CEQA). Amending Charter outdated or no longer applicable sections is exempt from CEQA pursuant to CEQA Guidelines Section 15378 as it does not constitute a project within the meaning of CEQA because it does not have a potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. As a separate and independent basis, this action is also exempt under CEQA Guidelines Section 15061(b)(3) (no significant environmental impact).
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Consider adopting a resolution calling for the holding of a consolidated municipal election in the City of Alameda on Tuesday, November 3, 2026, for the submission of a proposed Charter amendment to amend and repeal outdated provisions, establishing the policies and procedures for such an election, requesting that the County of Alameda conduct such an election, and authorizing City Councilmembers to file written arguments for or against the measure.
Respectfully submitted,
Lara Weisiger, City Clerk
Ashley Zieba, Assistant City Clerk
Financial Impact section reviewed,
Ross McCarthy, Finance Director