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 Section 3-10 Pertaining to Leases and Sales of City Real Property, 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 10022022)
Body
To: Honorable Mayor and Members of the City Council
From: Lara Weisiger, City Clerk
EXECUTIVE SUMMARY
A City Council Chater Review Subcommittee would like City Council to consider placing a Charter amendment measure on the upcoming November ballot that would eliminate the supermajority vote requirement for leases not exceeding ten years of City of Alameda (City) property and requiring a resolution, rather than an ordinance, to authorize the lease or sale of City property. If City Council is in support of the amendment to the City Charter (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
City Charter Section 3-10 requires adoption of an ordinance by a supermajority vote, i.e., four votes, for lease of City property for more than one year or to sell City real property. Amendment to Charter Section 3-10 was proposed in 2024, but was withdrawn from the July 16, 2024 City Council agenda. The July 16, 2024 staff report includes background information, including the process in other cities. The staff report is attached as Exhibit 1 and available online here:
<https://alameda.legistar.com/LegislationDetail.aspx?ID=6729503&GUID=CE179263-D119-4C4A-9C01-E6CCCBDA7DBD&Options=&Search=&FullText=1>
In 2025, Mayor Ezzy Ashcraft formed a Charter Review Subcommittee. Mayor Ezzy Ashcraft and Vice Mayor Pryor served on the Subcommittee to review and propose Charter amendments. The Subcommittee directed staff to proceed with bringing three proposed amendments to City Council, including amendments to Section 3-10.
DISCUSSION
Election Code Section 1415 establishes when Charter proposals may be submitted to the voters. This measure proposes amendment to Section 3-10. The proposed ballot question and ballot measure language for the measure is being presented to Council for approval to be submitted to the voters. Any City Council action to advance a measure to the November ballot does not equate 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.
The Charter amendment eliminates the supermajority vote for leases not exceeding ten years and allows leases and sales to be approved by resolution rather than by ordinance. This would streamline the lease process since resolutions only require approval at one meeting, rather than the two meetings required for ordinances. Also, a resolution goes into effect immediately, rather than 30 days after the second reading of an ordinance.
Ballot Title and Question:
City of Alameda Charter Amendment
Shall the measure amending Section 3-10 of the City Charter to change sales or leases of City real property exceeding one year to be approved by resolution rather than by ordinance and to reduce the City Council approval threshold from supermajority (four affirmative votes) to simple majority (three affirmative votes) for leases of City real property not exceeding ten years be adopted?
Text of Measure:
If the measure receives a majority vote of those voting on the measure, Charter Section 3-10 will be amended as follows:
Sec. 3-10.
(A) All acts of the Council imposing penalties, prescribing public regulations, or granting franchises shall be by ordinance., or
(B) All acts of the Council providing for the acquisition, transfer or lease for a period longer than one year, of real property, shall be by ordinance; provided, however, that the acquisition of real property, or any interest therein, may be authorized by resolution, when the purchase price to be paid, together with any obligation imposed on the City in connection with any such acquisition, does not exceed the sum provided by the general law for cities requiring competitive bidding for the purchase of supplies and materials, or when such acquisition is to be accomplished by condemnation in eminent domain proceedings, or in connection with public improvements proceedings taken under some law.
(C) No real property of the City, except Tidelands, shall be leased for a period in excess of one ten years or sold, except upon the affirmative vote of four members of the Council.
(D) The provisions of this section shall not apply to the acquisition or transfer of real property when, pursuant to procedure established by ordinance or by any code or general law of the State of California, such property has been acquired, or is transferred or acquired in satisfaction, foreclosure or enforcement of a lien for taxes or special assessments of any character.
Since the strikethrough might be difficult to read, the clean version of the language is as follows:
Sec. 3-10.
(A) All acts of the Council imposing penalties, prescribing public regulations, or granting franchises shall be by ordinance.
(B) Acts of the Council providing for the acquisition, transfer or lease for a period longer than one year, of real property, shall be by resolution.
(C) No real property of the City, except Tidelands, shall be leased for a period in excess of ten years or sold, except upon the affirmative vote of four members of the Council.
(D) The provisions of this section shall not apply to the acquisition or transfer of real property when, pursuant to procedure established by ordinance or by any code or general law of the State of California, such property has been acquired, or is transferred or acquired in satisfaction, foreclosure or enforcement of a lien for taxes or special assessments of any character.
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 amending Charter Section 3-10 on the November 3, 2026 ballot.
• Amend and adopt the resolution placing the measure on the November 3, 2026 ballot.
• Direct staff to return to City Council with a revised City Charter amendment measure.
• Do not adopt a resolution placing City Charter amendment(s) on the November 3, 2026 ballot.
• City Council also has alternatives related to drafting arguments, 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 a resolution placing a measure on the ballot is not subject to environmental review under the California Environmental Quality Act (CEQA). Amending the Charter pertaining to leases, the sales of City real property, and approving leases and sales of real property by resolution rather than by ordinance 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 Section 3-10 pertaining to leases and sales of City real property, 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
Exhibit:
1. July 16, 2024 Staff Report