DRAFT
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
AUTHORIZING INITIATION OF A PROCESS TO CONSIDER
ADOPTION OF A CITY CHARTER , INCLUDING POSSIBLE
PLACEMENT OF A CHARTER ON THE NOVEMBER 3, 2026 BALLOT ,
AND ESTABLISHING A CHARTER ADVISORY COMMITTEE
WHEREAS, the City of Fremont (“City”) is one of California's largest and most diverse cities, and the City Council desires to evaluate adoption of a City charter to become a charter city and to determine the most effective governance structure for the City; and
WHEREAS, Article XI of the California Constitution grants cities the authority to adopt a charter, thereby becoming a charter city with greater local control over municipal affairs; and
WHEREAS, California Government Code Section 34458 establishes the minimum meeting and public hearing requirements for adoption a city charter, including the requirement for two public hearings and a third meeting on a final vote; and
WHEREAS, the City Council is initiating a Council-proposed charter process to evaluate, draft, and consider submitting a City charter to Fremont voters at the November 3, 2026 election; and
WHEREAS, the City Council seeks structured community input to inform governance options, checks and balances, term limits options, compensation considerations, and Council office support needs; and
WHEREAS, the City Council recognizes the importance of public engagement and transparency in this process and wishes to establish a Charter Advisory Committee to assist in reviewing and recommending provisions for the proposed charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby authorizes the commencement of a process to evaluate, draft, and consider a city charter for possible placement on the ballot for the November 3, 2026 elections.
SECTION 2. The City Council hereby establishes a Charter Advisory Committee and Charter Advisory Committee Workplan as set forth in Exhibit A to this Resolution and incorporated by this reference.
ADOPTED , 2026 by the City Council of the City of
Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
EXHIBIT A
CHARTER ADVISORY COMMITTEE AND WORKPLAN
Section 1. Establishment
The City Council hereby establishes a Charter Advisory Committee ("Committee") to provide advisory input to the City Council and City staff as part of the Council-initiated charter process.
Section 2. Status and Authority
A. The Committee shall be advisory only and have no final decision-making authority.
B. The Committee shall not have authority to bind the City or direct City staff.
C. City staff support shall be coordinated through the City Manager's Office.
Section 3. Composition and Appointment
A. The Committee shall consist of seven (7) members.
B. Committee members shall be appointed and shall be subject to removal by the Mayor with the approval of the City Council.
C. No person shall be eligible to be or to continue to be a Committee member unless he or she is a resident of the City.
D. The members of the subject bodies shall receive no compensation for the performance of their official duties.
E. The city manager shall designate a city employee to act as secretary to the Committee. The secretary shall have no vote and shall not be deemed to be a member of the subject body.
Section 4. Timeline for Formation
A. Time is of the essence. The City Council intends for the Committee to be appointed promptly following adoption of the Resolution establishing the committee and work plan.
B. If the City Council adopts the Resolution establishing the committee and work plan on March 3, 2026, the Committee shall be appointed at the March 17, 2026 City Council meeting, or as soon as practicable thereafter consistent with Council direction.
Section 5. Scope of Work
The Committee shall review and provide written recommendations to the City Council on the following topics to inform preparation of a proposed City Charter:
A. Governance Structure Options
1. Strong Mayor forms of government, including variations in executive authority, appointment authority, and checks and balances.
2. Hybrid forms of government, including models that blend executive and legislative roles and alternative accountability structures.
3. Comparative considerations including accountability, speed of execution, stability/continuity, and transparency.
B. Executive/Legislative Roles and Meeting Structure
1. Options regarding who presides at Council meetings.
2. High-level principles and clear lines of authority.
3. Consideration of veto/override frameworks (if proposed in draft charter options).
C. Term Limits
1. Recommended term-limit structure and implementation approach, and any transition provisions intended to ensure fairness, continuity, and clarity.
D. Compensation and Council Office Support
1. High-level considerations for Councilmember compensation in a charter context, consistent with applicable law.
2. A recommended Council office staffing framework, including the Committee's assessment of an adequate level of staffing support for the Mayor and Councilmembers, and recommended principles for scaling staffing over time (e.g., workload triggers, shared vs. dedicated staff, service expectations, and budget accountability), for City Council consideration.
E. Implementation and Guardrails
1. Recommended safeguards to preserve a professional, merit-based workforce, including civil service/merit system considerations.
2. Transparency, ethics, and accountability guardrails.
3. Transition and implementation considerations to minimize disruption and maintain service continuity.
Section 6. Deliverables
A. The Committee shall produce two written deliverables:
1. Interim Recommendations Memorandum due April 28, 2026.
2. Final Recommendations Report due May 12, 2026.
B. Deliverables shall be submitted to the City Clerk for posting in the public record.
Section 7. Meetings and Transparency
The Committee shall conduct its meetings subject to Brown Act and consistent with open meeting principles, including agendas posted in advance, opportunity for public comment, and minutes maintained and posted.
Section 8. Staff Support
A. The City Manager shall designate a staff liaison to support the Committee, coordinate meeting logistics, and facilitate access to non-confidential information.
B. The City Attorney shall provide process and legal guidance as needed through the staff liaison.
C. The City Clerk shall assist the Committee meet Brown Act meeting requirements, including assistance with posting of notices for meetings and publication of meeting agendas.
Section 9. Sunset
The Committee shall sunset automatically upon the earlier of:
A. Submission of the Final Recommendations Report; or
B. June 19, 2026, unless extended by City Council action.