Fremont City Council
July 28, 2026

July 28, 2026 Fremont City Council Page 1
Agenda
Fremont City Council Special Meeting
July 28, 2026
City Council Chambers
3300 Capitol Avenue, Building A
7:00 PM

Teleconference Notice
Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Zhang from:

Gansu Lanzhou City
763 Duan Jia Tian Road
3rd Building 201, China

1. Call to Order
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager

2. Public Communications
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under Public Communications. The California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of presentations (see instructions on speaker card) and each speaker may only speak once on each agenda item.

A. Oral and Written Communications
July 28, 2026 Fremont City Council Page 2

3. Scheduled Items
A. City Charter Consideration - Decision Regarding the Placement of the Proposed City Charter on the November 3, 2026, Election Ballot for Consideration by the City of Fremont Voters

Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Dept: City Attorney's Office City Attorney's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Recommendation: Receive the staff report and direct staff to proceed with one of the following options:

1. Defer consideration of a charter to a future election and continue the community dialogue; or

2. Approve the proposed City Charter measure and adopt a resolution calling for the election and approving submittal of a Charter for the City of Fremont for consideration at the November 3, 2026 election.

4. Adjournment
Fremont City Council Meeting: 07/28/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5797) DOC ID: 5797
Updated: 7/24/2026 2:41 PM by Dina Lewis Page 1
City Charter Consideration - Decision Regarding the Placement of the Proposed City Charter on the November 3, 2026, Election Ballot for Consideration by the City of Fremont Voters
Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: The City Council held two required public hearings on June 2, 2026, and July 7, 2026, to consider a new City Charter. Subsequent to each public hearing, staff incorporated amendments to the draft charter as directed by the City Council. The final version of the draft charter is being presented at this third City Council meeting and includes a provision indicating that the charter does not contemplate an increase to real property transfer tax. At this final meeting, the City Council will decide whether to place the charter on the November 3, 2026, election ballot for voter consideration.

Background: At the City Council’s regular meeting on February 17, 2026, Vice Mayor Yajing Zhang presented a referral to consider transforming the City of Fremont from a general law city to a charter city and to do so in time to place a charter measure on the ballot for voter consideration in the November 2026 election. The City Council directed staff to develop a work plan and resolution to target the placement of a potential charter on the November 2026 ballot. The City Council established a seven-member, Mayor-appointed Charter Advisory Committee (“Committee”), tasked with providing recommendations responsive to the Council-approved work plan.

The work plan included the following topics for the Committee’s consideration:
• Government Structure;
• Executive Roles/Appointment Authority;
• Council Compensation and Staffing; and
• Term Limits.

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Council Staff Report (ID # 5797) Meeting of July 28, 2026 Updated: 7/24/2026 2:41 PM by Dina Lewis Page 2
The Committee held a total of six public meetings during the months of March and April 2026 and made final recommendations at its last meeting, which are summarized in Attachment A.

Discussion/Analysis: On June 2, 2026, the City Council held the first of two required public hearings to receive a staff presentation regarding the work plan topics, the Committee’s recommendations, and a draft City Charter for consideration. Attachment B is the staff report from the June 2, 2026, hearing. The initial version of a draft charter presented to the City Council at the June 2, 2026, meeting included language to authorize the following provisions, based on the Committee’s recommendations:
• Maintain a Council-Manager form of government;
• Maintain City Manager appointment authority of City Department Heads (except the City Attorney), subject to confirmation by the City Council;
• Match the Health Benefit Allowance (HBA) of elected officials to that of the City’s full-time represented employees*;
• Maintain the current part-time status of the Mayor and City Council; • Allocate 1.5 employees to directly support the Mayor and City Council; and
• Increase the term limit for both Mayor and Councilmembers to three consecutive four-year terms.

*Staff clarified for the City Council that under State law, the HBA for a part- time elected official may only be increased commensurate with the equivalent part-time employee HBA rate.

At the end of the public hearing and deliberation, the City Council accepted the Committee recommendations above (with the clarification regarding the HBA adjustment) and directed staff to revise the draft Charter to include additional language addressing the following topics:
• The ability for the Mayor to independently add items to City Council meeting agendas;
• Clarification that the Mayor and City Council can participate in hiring (or terminating) any allocated direct staff;
• Development of a process for filling any future vacant Council seats with the individual who received the next highest number of votes; and
• Authority for the City Attorney to appoint and remove employees of the City Attorney's Office.

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Council Staff Report (ID # 5797) Meeting of July 28, 2026 Updated: 7/24/2026 2:41 PM by Dina Lewis Page 3

Most of the topics listed can be implemented through the adoption of ordinances or other administrative actions under existing authority, without requiring a Charter. The exceptions are additional compensation (if not restricted to health benefits) and the authority for the City Attorney to appoint and remove employees of the City Attorney's Office.

In addition to the items above, the City Council’s discussion at the first public hearing emphasized certain high-level objectives with this initiative.

They included:
• The principles of transparency and accountability as a primary motivation for pursuing a City Charter;
• Clarification that this current City Charter does not contemplate an increase to the real property transfer tax; and
• Clarification for the public that, if adopted, any future amendments to a City Charter would also require voter approval during an election.

On July 7, 2026, the City Council held a second public hearing and considered modified draft charter language reflecting the amendments and feedback provided by the City Council at the first public hearing. At the second public hearing, the City Council directed staff to include one additional provision in the draft charter - to acknowledge that the City Charter does not contemplate an increase to the real property transfer tax.

The updated draft charter reflecting this amendment is being presented to the City Council at the third and final meeting on July 28, 2026. For reference, the staff report for the second public hearing held on July 7, 2026, is included in Attachment C.

At the regularly scheduled City Council meeting on July 21st, FM3 Research presented polling results, which included a question to assess the viability of a Charter Measure. Only 25% of likely voters expressed support for the measure, suggesting the measure may not be viable at this time.

The draft City Charter measure is attached as Exhibit A to the resolution calling for the election and submittal of the charter measure to the voters at the November 3, 2026 election.

Fiscal Impact:

Description Cost

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Council Staff Report (ID # 5797) Meeting of July 28, 2026 Updated: 7/24/2026 2:41 PM by Dina Lewis Page 4
The estimated cost to place a proposed City
Charter on the November 2026 ballot
$610,690 - $854,966
(one-time)
Total annual cost (estimate) of total
compensation for the Mayor and
Councilmembers, reflecting a half-time HBA
scenario
$364,672 per year
Total annual cost (estimate) of 1.5 employees
directly supporting the Mayor and
Councilmembers
$253,655 per year

At the time the recommendations were made, the net increase to the City’s annual, ongoing General Fund expenditures resulting from potential increases to the Mayor’s and Councilmembers’ compensation, and from the allocation of 1.5 full-time employees (FTE) to staff the Mayor and Councilmembers, was estimated to be $328,214. Since then, staff included one new FTE in the Fiscal Year 2026/2027 adopted operating budget to account for a portion of this cost. The resulting net increase to the City’s General Fund is $161,872. Should the City Council decide to place a charter on the November 2026 ballot for consideration by Fremont voters, there may also be unknown additional costs associated with implementing the charter.

The expense for placing a measure on the ballot is calculated by the City’s total registered voters multiplied by the County Registrar of Voters' election cost per registered voter. The Registrar of Voters estimates that the election cost per voter for the November 3, 2026, general election will cost between $5 to $7 per voter. The City currently has 122,138 registered voters. An estimate of the one-time cost of placing the measure on the 2026 ballot ranges from $610,690 to $854,966.

Environmental Review: The proposed action is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., [“CEQA”]; 14 Cal. Code Regs. §§ 15000 et seq. [“CEQA Guidelines”]). It is not a “project” as defined in CEQA Guidelines Sections 15378(b)(2), 15378(b)(4) and 15378(b)(5), each as a separate and independent basis for CEQA compliance. The action relates to administrative, procedural and policy decisions about city governance and operations with no foreseeable impact on the physical environment.

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Council Staff Report (ID # 5797) Meeting of July 28, 2026 Updated: 7/24/2026 2:41 PM by Dina Lewis Page 5
ATTACHMENTS:
• CityCharterConsideration_StaffPresentation
• Draft Resolution Submitting Charter (MT Upload Version) • Draft Charter, Fremont (MT Upload Version)
• Attachment A
• Attachment B
• Attachment C

Recommendation: Receive the staff report and direct staff to proceed with one of the following options:

1. Defer consideration of a charter to a future election and continue the community dialogue; or

2. Approve the proposed City Charter measure and adopt a resolution calling for the election and approving submittal of a Charter for the City of Fremont for consideration at the November 3, 2026 election.

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Consideration of a City Charter
JULY 28, 2026
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Attachment: CityCharterConsideration_StaffPresentation (5797 : City Charter Charter Work Plan
The City Council established the following topics in its original Charter Work Plan:
2 Governance Structure:
• Form of Government
• Council Authority
• Meeting Structure
• Council Voting
Executive Roles:
• Executive Authority
• Appointment Authority
Term Limits:
• Council Term Limits
• Mayor Term Limits
Council Compensation
and Office Support:
• Council Salary
• Staffing Options
• Budget Considerations

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Attachment: CityCharterConsideration_StaffPresentation (5797 : City Charter Process
3 City Council adopted Charter
Work Plan
City Council established a
Charter Advisory Committee
(CAC)
CAC held 6 meetings to
develop recommendations
responsive to the Charter
Work Plan
City Council held 2 required
public hearings to consider
and provide input on the
CAC recommendations and
the draft city charter

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Attachment: CityCharterConsideration_StaffPresentation (5797 : City Charter Background – Timeline
4 Community engagement
activities to inform the public
and solicit input
March 18 – May 8
City Council’s adoption of Vice
Mayor Zhang’s referral
February 17
City Council’s adoption of a resolution
establishing the Charter Advisory
Committee (CAC) and Workplan
March 3
City Council
Approves the
Mayor’s CAC
Appointments
March 20
CAC conducts meetings to
accomplish the Workplan
March 18 – April 27

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Attachment: CityCharterConsideration_StaffPresentation (5797 : City Charter Background – Timeline
5 Completion of CAC’s
Recommendation
Memorandum
April 27
City Council Meeting –
Public Hearing #1
June 2
City Council Meeting –
Public Hearing #2
July 7
City Council Meeting –
Final Vote
July 28
Deadline for Placement
of proposed City Charter
on ballot
August 7

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Attachment: CityCharterConsideration_StaffPresentation (5797 : City Charter Overview
After each of the City Council’s public hearings, the City staff updated the draft city charter to reflect the Council’s input and feedback.

June 2, 2026 (Public Hearing #1) - The City Council directed staff to include the following in the draft city charter:
• The ability for the Mayor to independently add items to City Council meeting agendas. • Clarification that the Mayor and City Council can participate in the appointment (or termination) of any allocated direct staff.
• Development of a process for filling any future vacant Council seats with the individual who received the next highest number of votes.
• Authority for the City Attorney to appoint and remove employees of the City Attorney’s Office. 6 3.A.a
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Attachment: CityCharterConsideration_StaffPresentation (5797 : City Charter Overview
July 7, 2026 (Public Hearing #2) - The City Council directed staff to include the following in the draft city charter:
• To acknowledge within the City Charter that it does not contemplate an increase to the real property transfer tax.

Polling Result – In recent survey of likely voters, only 25% expressed support for Charter Measure.
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Attachment: CityCharterConsideration_StaffPresentation (5797 : City Charter Fiscal Impact
8 Description Cost
The estimated cost to place a proposed City Charter on
the November 2026 ballot
$610,690 - $854,966
(one-time)
Total annual cost (estimate) of total compensation for the Mayor and Councilmembers, reflecting a half-time HBA
scenario
$364,672 per year*
Total annual cost (estimate) of 1.5 employees directly
supporting the Mayor and Councilmembers $233,615 per year* Fiscal Impact of the Charter Initiative:
*The net increase to the City’s annual, ongoing General Fund expenditure is estimated to be $161,872.

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Attachment: CityCharterConsideration_StaffPresentation (5797 : City Charter Council Discussion & Direction
Receive presentation and public input and direct staff to proceed with one of the following options:

1. Defer consideration of a charter to a future election and continue community dialogue; or

2. Approve the proposed City Charter measure and adopt a resolution calling for the election and approving submittal of a Charter for the City of Fremont for consideration at the November 3, 2026 election.
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Attachment: CityCharterConsideration_StaffPresentation (5797 : City Charter Resolution No. 2026-XX Page 1 of 5

DRAFT

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

CALLING A ND GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR

VOTER CONSIDERATION O F A MEASURE TO ADOPT A CITY
CHARTER; SETTING THE BALLOT QUESTION; REQUESTING THE

ALAMEDA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE

THIS ELECTION WITH THE GENERAL STATEWIDE GENERAL

ELECTION TO BE HELD ON THAT DATE AND AUTHORIZE THE

REGISTRAR OF VOTERS TO CONDUCT THE ELECTION AND
PROVIDE CERTAIN SERVICES; AND DIRECTING CITY STAFF TO

TAKE ALL NECESSARY STEPS TO PLACE THE MEASURE ON THE
BALLOT

WHEREAS, the City of Fremont (“City”) is currently organized and operating as a general law city under the Government Code of the State of California; and

WHEREAS, the California Constitution permits cities to adopt charters to gain greater control over local municipal affairs, including increased flexibility in local government structures and regulations; and

WHEREAS, on March 3, 2026, the City Council approved a Charter Work Plan and established a Charter Advisory Committee (“Committee”) tasked with developing a recommendation on a potential City charter that could be placed on the ballot for voter consideration at the November 2026 election and subsequently appointed seven members to the Committee; and

WHEREAS, the Committee held six noticed public meetings and made final recommendations to the City Council on Charter Work Plan topics including governance structure, executive roles, City Council compensation and office support, and term limits; and

WHEREAS, the City Council held two noticed public hearings to receive comments from the public and to consider a proposed draft of the City of Fremont Charter; and

WHEREAS, at the conclusion of the hearing process, after considering all testimony, evidence, and comments from the public, the City Council held a final public meeting, voted to approve a draft City Charter, and directed the preparation of a ballot measure to submit to the voters of the City of Fremont for approval of the City Charter; and

WHEREAS, the proposed City Charter would, among other things, establish Fremont as a charter city with control over municipal affairs, retain the council-manager form of government, increase term limits for the mayor and councilmembers to three four-year terms,

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Attachment: Draft Resolution Submitting Charter (MT Upload Version) (5797 : City Charter Consideration) Resolution No. 2026-XX Page 2 of 5
and authorize the City Council to adjust their salary and benefits, to appoint and dismiss its administrative staff, and to confirm the appointment of city department heads; authorize the City Attorney to appoint and dismiss staff of the City Attorney’s Office; and prohibit adoption of a new real estate transfer tax without voter approval; and

WHEREAS, the City Council is authorized to submit a City Charter measure to City of Fremont voters at the General Municipal Election on November 3, 2026, pursuant to Article XI, sections 3 and 5 of the California Constitution and Elections Code section 9255.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. Declaration of Findings. The foregoing recitals are true and correct and incorporated herein by reference.

SECTION 2. Call of Election. Pursuant to the Constitution of the State of California and state law, there is called and ordered to be held in the City of Fremont, California, on Tuesday, November 3, 2026, a General Municipal Election to submit to qualified electors, a city measure to adopt a City Charter for the City of Fremont.

SECTION 3. Consolidation. Under Elections Code section 10400 et seq., the Alameda County Board of Supervisors is hereby requested to consent to the consolidation of the General Municipal Election of November 3, 2026, with the general statewide election to be held on that date, and to authorize and direct the County Registrar of Voters, pursuant to Elections Code section 10002, to perform all operations and services necessary to conduct the election, including providing precincts, coordinating polling hours, identifying polling places or vote centers, appointing election officers, providing voting equipment, and printing ballot materials. The City agrees to reimburse the County for costs incurred based on the County’s established consolidation rate.

SECTION 4. Canvassing and Other Procedures. The City Council acknowledges that the consolidated election will be conducted in the manner prescribed by Elections Code section 10418, and shall be held in all respects as if there were only one single election. The ballot to be used shall be in the format and content required by law. The hours of opening and closing the polls and all other operational procedures shall be governed by the rules established by the County for the election. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law. The County’s Election Department is authorized and required to canvass the returns of the municipal election on this measure and to certify the final results to the City Council in accordance with Elections Code section 10411.

SECTION 5. Ballot Measure Submission. Pursuant to California Constitution, Article XI, sections 3 and 5, and Elections Code section 9255, the City Council hereby submits to the voters of the City of Fremont, for consideration at the General Municipal Election to be held on Tuesday, November 3, 2026, a measure to adopt a Charter of the City of Fremont. The full text of the proposed measure is attached to this resolution as Exhibit A (“Measure: Charter of the City of Fremont”) and shall be completely printed in the voter pamphlet. If a simple majority of qualified voters voting on the measure vote in favor therefor, the measure shall be deemed adopted as provided by law.

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Attachment: Draft Resolution Submitting Charter (MT Upload Version) (5797 : City Charter Consideration) Resolution No. 2026-XX Page 3 of 5
SECTION 6. Ballot Question. The question below shall be submitted to the voters and shall appear and be printed on the ballot as follows:

MEASURE

Shall the Charter of the City of Fremont be
adopted to, among other things, provide
Fremont local control over municipal
affairs; increase term limits for the mayor
and councilmembers; authorize the city
council to adjust their salary and benefits,
appoint and dismiss their administrative
staff, and confirm the appointment of city
department heads; authorize the city
attorney to appoint and dismiss their staff;
and prohibit adoption of a new real estate
transfer tax without voter approval?

YES

NO

SECTION 7. Impartial Analysis. Pursuant to Elections Code section 9280, the City Clerk is hereby directed to prepare the impartial analysis of the measure, not to exceed 500 words, which shall be filed with the County Board of Supervisors, with a copy to the Registrar of Voters as required by law.

SECTION 8. Primary Arguments. Pursuant to Elections Code section 9282, the City Council authorizes the Mayor to submit a ballot argument in favor of the measure on behalf of the City Council, not to exceed 300 words. At the Mayor’s discretion, the argument may also be signed by members of the City Council or representatives of bona fide associations or by individuals who are eligible to vote on the measure. Primary arguments must be submitted to the City Clerk by the administrative deadline established by the City Clerk’s Office.

SECTION 9. Rebuttals. The provisions of section 9285(a) of the Elections Code are adopted for the submission of rebuttal arguments. If an argument in favor and an argument against the measure are filed and selected to be printed in the Voter Information Guide, the City Clerk shall send a copy of each of the arguments to the opposing side. Each side may then submit a rebuttal argument, not to exceed 200 words, in compliance with the deadlines set by the City Clerk. The Mayor is authorized to submit a rebuttal argument on behalf of the City Council, which at the discretion of the Mayor, may also be signed by other councilmembers, by representatives of bona fide associations, or by individuals eligible to vote on the measure.

SECTION 10. City Clerk Duties. Pursuant to Elections Code section 9280 et seq., the City Clerk is authorized, directed, and designated as the City Elections Official responsible for administering all legal requirements and procedures relating to ballot arguments for this measure. The City Clerk shall establish and publish internal filing deadlines, receive and file primary arguments and rebuttals, verify the eligibility of signatories, and apply the statutory priority selection criteria set forth in Elections Code section 9287 if multiple arguments are submitted. The City Clerk shall further manage the mandatory 10-day public examination

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Attachment: Draft Resolution Submitting Charter (MT Upload Version) (5797 : City Charter Consideration) Resolution No. 2026-XX Page 4 of 5
period for arguments and rebuttals as required by Elections Code section 9295, and upon completion of the review periods, shall transmit the final, approved texts of said arguments to the County Registrar of Voters for inclusion and printing in the official Voter Information Guide. The City Clerk is authorized and directed to give public notice of the election as required by law, and to procure and prepare all official notices and printed materials necessary to properly and lawfully conduct the municipal election, and to timely transmit all finalized ballot materials to the County Registrar of Voters in accordance with statutory deadlines. The City Clerk shall file a copy of this resolution with the Alameda County Board of Supervisors and Registrar of Voters forthwith.

SECTION 11. Hours of Polling. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day, when the polls shall be closed except as otherwise provided by law.

SECTION 12. Authorizations. The City Manager, City Attorney, and City Clerk are authorized to make all approvals, expend funds, enter into any agreements, and take any and all actions necessary or appropriate to carry out and implement the terms of this resolution and to administer the City’s obligations, responsibilities and duties to be performed herein.

SECTION 13. CEQA. Approval of this resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., [“CEQA”]; 14 Cal. Code Regs. §§ 15000 et seq. [“CEQA Guidelines”]). It not a “project” as defined in CEQA Guidelines sections 15378(b)(2), 15378(b)(4) and 15378(b)(5), each as a separate and independent basis for CEQA compliance. The action relates to administrative, procedural and policy decisions about city governance and operations with no foreseeable impact on the physical environment.

SECTION 14. Effective Date. This resolution applies only to the election to be held on Tuesday, November 3, 2026, and shall become effective immediately upon passage and adoption by the City Council of the City of Fremont. The City Clerk shall certify its adoption with the Elections Department of Alameda County as required by law.

ADOPTED ___________________, 2026, by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Mayor

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Attachment: Draft Resolution Submitting Charter (MT Upload Version) (5797 : City Charter Consideration) Resolution No. 2026-XX Page 5 of 5
ATTEST: APPROVED AS TO FORM:

___________________________ ________________________________ City Clerk City Attorney

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Attachment: Draft Resolution Submitting Charter (MT Upload Version) (5797 : City Charter Consideration)

EXHIBIT A

MEASURE:

CHARTER OF THE CITY OF FREMONT

ARTICLE I. INTRODUCTION

Section 100: Purpose

The purpose of this Charter is to achieve greater city control over municipal affairs and to establish the framework for a responsive, democratic, and efficient government for the City of Fremont. This Charter outlines the powers, structure, and responsibilities of the City’s government, ensuring accountability to the residents while promoting effective governance.

Section 101: Name and Boundaries

The City of Fremont (“City”) is a chartered municipal corporation of the State of California under the name of “City of Fremont.” The territory of the City shall be that contained within its boundaries as now established, with the power and authority to change the same in the manner provided by law.

ARTICLE II. SUCCESSION PROVISIONS

Section 200: Rights and Labilities

The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities.

Section 201: Continuation of Laws and Contracts

All ordinances, codes, resolutions, rules, regulations, and portions thereof, and all City contracts duly executed and in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until such time they are duly repealed, amended, changed, or superseded by proper authority as provided by this Charter.

Section 202: Continuation of Present Officers and Employees

Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same conditions as those of the existing offices and positions until the election or appointment and qualification of any successors, subject to such removal and control as provided in this Charter or applicable law.

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Attachment: Draft Charter, Fremont (MT Upload Version) (5797 : City Charter Consideration) Charter of the City of Fremont City Council Meeting

Section 203: Continuation of Pending Actions

No action or proceeding, whether administrative, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained.

ARTICLE III. POWER AND STRUCTURE

Section 300: Powers of City

The City shall have the full power and authority to make and enforce all laws and regulations with respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California (“State”). It shall also have the power to exercise, or act pursuant to, any and all rights, powers, privileges or procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State or federal law. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, this general grant of power. The City shall have the power and may act pursuant to any procedure established by any law of the State, unless a different procedure is established by this Charter or by ordinance.

Section 301: Form of Government

The municipal government established by this Charter shall continue to be the "Council- Manager" form of government as established by the Fremont Municipal Code at the time that this Charter takes effect and by the laws of the State of California. The City Council shall establish City policy, and the City Manager shall carry out that policy on the terms set forth herein or by other lawful authority.

ARTICLE IV. MAYOR AND COUNCIL

Section 400: General Powers and Duties of the City Council

All powers of the City shall be vested in the City Council subject to the express limitations of this Charter. The City Council shall provide for the exercise of all City powers and the performance of all duties and obligations imposed on the City by state and federal laws. Except as otherwise required by law, the role of the City Council is legislative and includes the power to set policy, approve contracts and agreements, and undertake other rights and obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of the City Manager to choose the appropriate means to achieve the City Council’s policies and goals.

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Attachment: Draft Charter, Fremont (MT Upload Version) (5797 : City Charter Consideration) Charter of the City of Fremont City Council Meeting

Section 401: General Powers and Duties of the Mayor

The Mayor shall be the official head of the City of Fremont for all ceremonial purposes. The Mayor shall preside at meetings of the City Council and may participate fully in all discussions.

The Mayor shall vote as a member of the City Council, but shall possess no veto power over actions of the City Council. The Mayor shall have the power to add items to the agenda of a City Council meeting, subject to the noticing requirements of the Brown Act. The Mayor shall exercise and perform such other powers and duties as may be delegated to or required by this Charter or by the City Council if not inconsistent with the provisions of this Charter.

Section 402: Composition

The City Council shall consist of six (6) members elected by district and one (1) Mayor elected at large. The term "City Council," "Council," "legislative body," or other similar terms as used in this Charter or any other provision of law shall be deemed to refer to the collective body composed of the Mayor and six City Council members unless another provision of this Charter or other law expressly provides to the contrary.

Section 403: Term of Offices

The term of office for the Mayor and each Councilmember shall be four years.

Section 404: Term Limits

The term limits set forth in this section of the Charter shall supersede any conflicting provision in the municipal code.

(a) No Mayor who has served terms comprising twelve consecutive years as mayor shall be qualified for further service in that office until he or she has a break in service in that office of at least four years.

(b) No Councilmember who has served terms comprising twelve consecutive years as a Councilmember shall be qualified for further service in that office until he or she has a break in service in that office of at least four years.

(c) The term limits imposed by this section shall not prevent a person who is disqualified from serving as Mayor from serving as a councilmember or a person who is disqualified from serving as a Councilmember from serving as Mayor. However, any person who has served terms comprising twenty-four consecutive years in the offices of the Mayor and the City Council shall be disqualified from further service in either office until that person has a break in service from both offices of at least four years.

(d) Time spent in office while serving less than a full term shall not be counted in computing consecutive years in any office.

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Attachment: Draft Charter, Fremont (MT Upload Version) (5797 : City Charter Consideration) Charter of the City of Fremont City Council Meeting

(e) Time spent in office prior to the enactment of the Charter shall not be counted in computing consecutive years in any office.

(f) In computing the number of years served in office, full, four-year terms shall count as four years of service even if the period encompassed by such terms may not be exactly four years in duration.

Section 405: Filling Council Vacancies

The method of filling City Council vacancies may be amended by the City Council by adoption of an ordinance of the City Council. Until a successor ordinance is adopted by the City Council, the procedures for filling City Council vacancies set forth in the Fremont Municipal Code shall continue to be in full force and effect.

Section 406: Compensation for Mayor and Members of City Council

Compensation in the form of salary and benefits for the Mayor and City Council members shall be established by ordinance. Adjustments in compensation shall take into consideration a survey of comparable cities within the region. Any increase to the councilmembers’ salaries shall become effective only upon commencement of a new council term of office following adoption of an ordinance authorizing the increase. Any increase to the mayor’s additional compensation (the amount that exceeds the councilmembers’ salary amount) shall become effective as set forth in the ordinance adopting the increase. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office in accordance with established City policy.

Section 407: City Council Staff

The City Council may authorize the retention of administrative staff to assist the Mayor and City Council in the performance of their duties. Such employees shall be exempt from the civil service system and serve at the pleasure of the City Council. The title(s), compensation, and terms of employment of such employees shall be established by ordinance or resolution of the City Council.

ARTICLE V . CITY MANAGER

Section 500: Appointment

The Office of the City Manager shall continue as established under Chapter 2.10 of the Fremont Municipal Code except as set forth in this Charter. There shall be a City Manager who shall be appointed by the City Council. The City Manager shall be selected solely on the basis of executive and administrative qualifications. The City Manager shall serve at the pleasure of the City Council.

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Attachment: Draft Charter, Fremont (MT Upload Version) (5797 : City Charter Consideration) Charter of the City of Fremont City Council Meeting

Section 501: Powers and Duties

The City Manager shall be head of the administrative branch of the City government. The City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. In addition to the general powers as administrative head, and not as a limitation thereon, the City Manager shall have the following powers and duties:

(a) Enforcement of Laws. To see that all laws and ordinances of the City are duly enforced and that all franchises, permits and privileges granted by the City are faithfully observed.

(b) Command of Officers and Employees. Except as otherwise provided in this Charter, to control, order and give direction to all heads of departments, and to subordinate officers and employees of the City through their department head; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments, or units under the City Manager’s direction.

(c) Appointment, Removal, and Powers Over Certain Officers. Except as otherwise provided in this Charter, to appoint all heads or directors of departments of the City and all subordinate officers and employees with power to discipline and remove any officer or employee so appointed, subject to any civil service rules established by Charter or by ordinance. All officers and employees of the City appointed by the City Manager who are exempt from the civil service may be suspended or removed at the pleasure of the City Manager. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, or City Attorney for legal matters, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager or City Attorney, either publicly or privately.

(d) Representation of City. To represent the City in its negotiations and working relationships with the state, the county, and other governmental jurisdictions; provided, that any contracts negotiated for the exchange of services from any such other governmental jurisdiction shall be subject to approval by the City Council.

(e) Attendance at Council Meetings. To attend all meetings of the City Council unless excused therefrom by the City Council.

(f) Recommend Ordinances. To recommend to the City Council for adoption such measures or ordinances as he/she deems necessary or expedient.

(g) Advise on Finances. To keep the City Council at all times fully advised as to the financial conditions and needs of the City.

(h) Preparation of Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.

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Attachment: Draft Charter, Fremont (MT Upload Version) (5797 : City Charter Consideration) Charter of the City of Fremont City Council Meeting

(i) Purchase of Supplies. To purchase all the supplies for all of the departments or divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report or approval of the City Manager.

(j) Investigations of City Affairs. To make investigations into the affairs of the City or any department or division thereof and any contract for the proper performance of any obligations running to the City.

(k) Investigation of Complaints. To investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City, and to see that all franchises, permits, and privileges granted by the City are faithfully performed and observed.

(l) Supervision of Public Property. To exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City Council.

(m) Devotion of Entire Time to Duties. To devote full time to the duties of the office of City Manager and the interest of the City.

(n) Performance of Delegated Duties. To perform such other duties and exercise such other powers as may be delegated to the City Manager from time to time by ordinance or resolution or other action of the City Council.

(o) Attendance at Commission and Board Meetings. To attend any and all meetings of any commissions or boards heretofore or hereafter created by the City Council upon direction of the City Council or as determined necessary by the City Manager.

(p) Delegation of Council Authority. To approve, on behalf of the City, administrative matters otherwise within the authority of the City Council which the City Council has by resolution or other legal authority authorized to be approved by the City Manager or the City Manager’s designee during a scheduled recess of the City Council.

ARTICLE VI. OFFICERS AND EMPLOYEES

Section 600: Officers of the City

The officers of the City of Fremont shall consist of the City Council, a City Manager, a City Attorney, a City Clerk, a Chief of Police, a Fire Chief, and directors of Community Development, Community Service, Finance, Human Resources, Human Services, Information Technology, Maintenance, Public Works, and such other subordinate officers, assistants, deputies and employees as the Council may deem necessary to provide by ordinance or resolution.

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Attachment: Draft Charter, Fremont (MT Upload Version) (5797 : City Charter Consideration) Charter of the City of Fremont City Council Meeting

Section 601: Appointment and Removal

The City Manager and City Attorney shall be appointed by and serve at the pleasure of the City Council. Removal of the City Manager or City Attorney shall be only by a vote of at least four members of the City Council at a regular meeting of the City Council; provided, that the vote of five members of the City Council shall be required to remove a City Manager or City Attorney within 60 days after that officer’s appointment or within the 60 days after any election at which one or more members are elected to the City Council.

Except as otherwise provided in this Charter, all officers and department heads of the City shall be appointed by the City Manager and shall serve at the pleasure of the City Manager. The appointment of an officer or department head by the City Manager shall become effective upon confirmation by the City Council by an affirmative vote of four members taken at a meeting of the City Council.

ARTICLE VII. CITY ATTORNEY

Section 700: Appointment

The office of City Attorney is hereby established. The City Attorney shall be appointed by and serve at the pleasure of the City Council. To be eligible for appointment as City Attorney, the person appointed shall be an attorney-at-law duly licensed under the laws of the State of California and shall have practiced law for at least five years prior to assuming the duties of City Attorney.

Section 701: Powers and Duties

The City Attorney shall be responsible for the proper administration and operations of the City Attorney’s Office. The City Attorney shall have power and be required to:

(a) Advise the City. Represent and advise the Council and all City officers on all matters of law pertaining to their offices.

(b) Representation of City. Represent and appear for the City in any and all actions and proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee or former City officer or employee in any and all actions and proceedings in which any such City officer or employee is concerned or is a party, for any action arising out of the officer or employee's employment or by reason of the officer or employee's official capacity.

(c) Prosecution of Cases. Prosecute on behalf of the people criminal cases arising from violations of the provisions of this Charter and the ordinances of the City, and prosecute such cases arising from violations of state law when the district attorney consents thereto.

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Attachment: Draft Charter, Fremont (MT Upload Version) (5797 : City Charter Consideration) Charter of the City of Fremont City Council Meeting

(d) Attendance at Council Meetings. Attend all meetings of the Council and provide advice to the City Council when requested to do so.
(e) Provide Legal Advice. Give advice or an opinion in writing whenever requested to do so by the Council or any of the officers, boards or commissions of the City.

(f) Approve Contracts as to Form. Approve the form of all City contracts and all bonds given to the City, by endorsing an approval thereon in writing.

(g) Prepare Ordinance and Resolutions. Prepare any and all proposed ordinances or resolutions for the City and amendments thereto.

(h) Supervise the Office. Appoint, discipline, and remove all officers and employees of the City Attorney's Office, subject to any civil service rules established by Charter or by ordinance.

(i) Other Duties. Perform such other duties consistent with this Charter as may be required by the City Council.

ARTICLE VIII. TAXATION

Section 800: Real Estate Transfer Tax

This Charter does not authorize the adoption of a new real estate transfer tax levied on the sale or transfer of a real property interest conveyed. Existing provisions under Article IV (Real Property Transfer Tax) of Chapter 3.10 of the Fremont Municipal Code shall not be affected by this Charter, shall remain in effect subsequent to adoption of this Charter, and may be amended by ordinance in accordance with the general laws. Nothing in this Charter prohibits the voters of the City of Fremont from amending this provision by a majority vote of the electors voting on the question whether proposed by initiative or by the City Council.

ARTICLE IX. GENERAL PROVISIONS

Section 900: Compliance with State Law

This Charter shall comply with the Constitution of the State of California, and any provisions herein that may conflict with state law shall be deemed superseded by the applicable state statutes. This Charter takes precedence and supersedes any conflicting provision of the Fremont Municipal Code and City ordinances. Provisions of the Fremont Municipal Code and City ordinances not in conflict with this Charter shall remain in full force and effect.

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Attachment: Draft Charter, Fremont (MT Upload Version) (5797 : City Charter Consideration) Charter of the City of Fremont City Council Meeting

Section 901: Amendments

This Charter and any of its provisions may be amended by a majority vote of the electors voting on the question. Any amendment, revision or repeal may be proposed by initiative or by the City Council.

Section 902: Severability

If any provision of this Charter is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

Section 903: Minor Corrections

The City Clerk shall be authorized to make minor amendments to the Charter to correct typographical errors or to make other similar non-substantive corrections, subject to ratification by the City Council and approval as to form by the City Attorney.

Section 904: Implementing Actions

The City Council may enact additional rules or regulations, either by ordinance, resolution or policy as appropriate, in order to implement some or all of the terms of this Charter, provided that any such regulation shall be consistent with the terms of this Charter.

Section 905: Effective Date

This Charter shall become effective upon its filing with the Secretary of State following approval by a majority vote of the electorate of the City of Fremont during a regular election held on [date].

Adopted this ____ of ____________, 2026, by the citizens of the City of Fremont.

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Attachment: Draft Charter, Fremont (MT Upload Version) (5797 : City Charter Consideration)

1 CHARTER ADVISORY COMMITTEE RECOMMENDATIONS

Background
On February 17, 2026, the Fremont City Council approved a referral submitted by Vice Mayor Yajing Zhang to consider transforming the City of Fremont (“City”) from a general law city to a charter city and direct staff to initiate the process for preparing a new City Charter. On March 3, 2026, the Fremont City Council directed City staff to initiate a process for the development of a City Charter in time to place on the November 2026 election ballot. The Council approved a City Charter work plan that included the following topics for consideration.

The City Council’s approval of the work plan also established a seven-member, Mayor-appointed Charter Advisory Committee (“Committee”). Subsequently, on March 20, 2026, the City Council approved Mayor Raj Salwan’s appointment of seven community members to the Committee. The work plan contemplated six Committee meetings from March 23, 2026, to April 27, 2026, to formulate recommendations on the work plan topics for the City Council’s consideration.

Overview of Committee Actions/Recommendations
Over the course of its prescribed meetings, the Committee received staff presentations and discussed the work plan topics . Ultimately, the Committee reached a consensus on work plan topics and made the following recommendations:
• Government Structure
The Committee received a staff presentation regarding forms of government , Fremont’s current form of government, and comparative data regarding this topic.

COMMITTEE RECOMMENDATION: Maintain a Council-Manager form of government (Charter City)

• Term Limits
The Committee received comparative data regarding term limits.

COMMITTEE RECOMMENDATION:
o City Council Term Limits: Increase to three consecutive four-year terms

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Attachment: Attachment A (5797 : City Charter Consideration)

2 o Mayor Term Limits: Increase to three consecutive four-year terms

• Council Compensation and Office Support
The Committee received a staff presentation, including market analysis of Mayor/City Council compensation and what compensation adjustments are permitted under general law versus requiring a Charter.

COMMITTEE RECOMMENDATION:

o Status: The Mayor and City Council to maintain their current part-time status. o Council Salary: Match the Health Benefit Allowance (HBA) of elected officials to that of the City’s full-time represented employees.
o Staffing Options: Allocate 1.5 employees to support the Mayor and City Council

• Executive Roles
The Committee received a staff presentation regarding appointment authority, including comparative data, Fremont’s current structure/practices, and executive recruiter perspectives.

COMMITTEE RECOMMENDATION:

o Appointment Authority: City Manager maintains appointment authority subject to confirmation by the City Council.

Estimated Fiscal Impact
Description Cost
The estimated cost to place a proposed City Charter on the November 2026 ballot
$610,690 - $854,966
(one-time)
Total annual cost (estimate) of total compensation for the Mayor and Councilmembers, inclusive of a ‘full-time’ HBA scenario $486,472 per year* Total annual cost (estimate) of 1.5 employees directly supporting the Mayor and Councilmembers $253,655 per year*
*The net increase to the City’s annual, ongoing General Fund expenditure is estimated to be $459,014.

The City Council will hold three meetings (two public hearings and one final meeting) to review the Committee’s recommendations and consider submitting the proposed City Charter to Fremont voters in the upcoming November 3, 2026, election. The City Council’s first public hearing will take place during its regularly scheduled meeting on June 2, 2026.

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Attachment: Attachment A (5797 : City Charter Consideration) Fremont City Council Meeting: 06/02/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5736) DOC ID: 5736
Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 1 First Public Hearing of City Charter Consideration - Conduct a First Public Hearing (Published Notice) to Consider the Charter Work Plan Recommendations by the Charter Advisory Committee.

Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: On March 3, 2026, the City Council approved a Charter Work Plan and established a Charter Advisory Committee (”Committee”) tasked with developing a recommendation on a potential charter for the City of Fremont. The City of Fremont’s Charter Advisory Committee held six public meetings from March 23, 2026, to April 27, 2026, during which it developed recommendations on topics outlined in a City Council-approved charter work plan. The City Council will now hold two public hearings to review and consider these recommendations, including a draft city charter. At a third City Council meeting, the Council will decide whether to submit a Charter to the November 2026 ballot for consideration by Fremont voters.

Background: At the City Council’s regular meeting on February 17, 2026, Vice Mayor Yajing Zhang presented a referral to consider transforming the City of Fremont from a general law city to a charter city and to do so in time to place a new Charter on the ballot for voter consideration in the November 2026 election. The City Council directed staff to develop a work plan and resolution to target the placement of a potential charter on the November 2026 ballot. Additionally, the City Council’s approval of the Vice Mayor’s referral established a seven-member, Mayor-appointed Charter Advisory Committee (“Committee”), tasked with providing recommendations responsive to a Council-approved work plan.

During the City Council’s regular meeting on March 3, 2026, City staff presented a draft work plan to facilitate the development of a new City Charter within the City Council’s prescribed timeline. Following the presentation, the City Council approved a work plan that included the following topics for the Committee's consideration:

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Attachment: Attachment B (5797 : City Charter Consideration) Council Staff Report (ID # 5736) Meeting of June 2, 2026 Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 2 • Governance models;
• Hiring authority;
• Meeting structures;
• Principles of accountability, transparency, and non-interference; • Term limits options;
• Council compensation considerations; and
• City Council staffing options

Subsequently, the City Council held a special meeting on March 20, 2026, to approve Mayor Raj Salwan’s appointment of seven members to the Committee. The Committee scheduled six public meetings from March 23, 2026, to April 27, 2026, to achieve its responsibilities specified in the City Council-approved referral and work plan and to facilitate public review and input into the charter deliberation process.

The Charter Advisory Committee held six public meetings during March and April of 2026. City staff facilitated the meetings and provided information and analysis on each of the City Council's workplan topics before the Committee made final recommendations at its last meeting. Attachment A provides a summary of the Committee Meetings and final recommendations.

Discussion/Analysis:

Below is a summary of data relevant to the Work Plan topics established by the City Council. Similar data was provided to the Charter Advisory Committee and served as the basis for its recommendations.

A. DATA ON CHARTER CITIES

Government Structure
According to data published by the California State Controller’s Office, there are currently 357 general law cities and 125 charter cities in California.

Currently, the City of Fremont is a general law city under the laws of the State of California. The City of Fremont voters considered and rejected a city charter proposal in 1998.

California cities operate under three primary forms of government: Council- Manager, Mayor-Council, or Strong Mayor. In a survey of statewide comparative data from both Bay Area cities and other major cities, as shown in Attachment B, the vast majority of cities operate under the Council- Manager form of government.

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Attachment: Attachment B (5797 : City Charter Consideration) Council Staff Report (ID # 5736) Meeting of June 2, 2026 Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 3

• Council-Manager Government: This is the most common model in California and is currently used by the City of Fremont. In this structure, the City Council sets policy and appoints a professional city manager to act as the city’s chief executive officer, responsible for drafting budgets, typically appointing department heads, and overseeing day-to-day operations. This model emphasizes nonpartisan professionalism, technical proficiency, clear role separation, and operational stability. It is often viewed as the model that best supports administrative expertise and reduces political interference in city management.

• Strong Mayor Government: This form of government centralizes political and administrative authority in an elected mayor who functions as a full-time chief executive. A strong mayor may: appoint some department heads, propose the city budget, manage daily operations, and possess veto power over council legislation. This model is used in only two California cities (San Diego and San Francisco). While proponents argue it can streamline decision-making and strengthen executive leadership, risks can include increased partisanship, concentration of authority, and potential imbalance amongst elected officials and in legislative-executive power.

• Mayor-Council Government: This form of government represents a shared-power model in which authority is distributed between the mayor and the city council. The mayor remains the chief executive but requires council confirmation for many key appointments and shares responsibility for legislation and budgeting. Unlike the fully centralized strong-mayor system, this model blends political leadership with checks and balances, aiming to preserve accountability while enabling a more politically responsive executive branch. The Cities of Oakland, Los Angeles, and Fresno are examples of how appointment authority, administrative oversight, and legislative powers are divided under this model. This model distributes operational decision-making more equally between all of the elected officials while de-emphasizing the role of the City Manager.

Greater political influence over operational issues under a strong mayor or Mayor-Council form of government may impact the stability of a city organization. As a local example, since 2000, when Oakland transitioned to a

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Attachment: Attachment B (5797 : City Charter Consideration) Council Staff Report (ID # 5736) Meeting of June 2, 2026 Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 4 Mayor-Council form of government, the City has had 9 permanent City Administrators and 5 interim (temporary) City Administrators.

It’s also worth noting that a change in the form of government may not result in higher performance across a range of important indicators. When comparing Fremont with the cities listed in the comparative analysis from Attachment B across key indicators such as crime rate, poverty rate, and unemployment, Fremont performs in the 90th percentile or higher. (American Community Survey, US Census Bureau). This performance supports Fremont’s consistent ranking as ‘Happiest City’ and one of the best cities to raise a family in national surveys.

Term Limits
State law does not set minimum or maximum term limits for city councils or prohibit city councils from lowering or raising term limits. Sections 2.05.100 and 2.05.110 of the Fremont Municipal Code (FMC) provide that Fremont City Councilmembers and the Mayor may serve up to two consecutive four- year terms, respectively.

City Council Staff Support
An analysis of surveyed cities revealed that fewer than half of the surveyed cities budget any direct staff for the City Council. A wide variability in staffing levels exists for those that do, ranging from a single administrative role in smaller cities to dozens of aides, analysts, and assistants in larger cities like Oakland and San José. Significant compensation disparities exist as well, ranging from $80k to over $270k for a given position, depending on the role (administrative, analytical, executive).

In the City of Fremont, for positions that would be most appropriate to support the City Council, total ongoing compensation ranges from $122,162 to $235,604 annually. The administrative analyst position that has previously supported the City Council has an ongoing total compensation of $169,103 annually.

City Council Compensation
Salary for the Mayor and City Council is governed by state law and the FMC.

California Government Code Section 36516 authorizes city councils to enact an ordinance providing that each member of the city council receives a salary depending on the population of the city. Section 36516.1 authorizes a city council to provide a mayor with compensation in addition to that which he or she receives as a council member.

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Attachment: Attachment B (5797 : City Charter Consideration) Council Staff Report (ID # 5736) Meeting of June 2, 2026 Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 5

State law permits adjustments to city council salaries (a) by an amount not exceeding the greater of either 5 percent for each calendar year from the operative date of the last adjustment of the salary or (b) by an amount up to inflation measured by the Consumer Price Index, which shall not exceed 10 percent for each calendar year. Under the FMC, City Council compensation increases are reviewed during each budget cycle and are considered commensurate with the Consumer Price Index in an amount not to exceed 4 percent.

In Fremont, the Mayor and City Council are compensated commensurate with a ‘part-time’ role. Relative to other surveyed charter cities with part- time mayors and city councils in Fremont’s compensation market, Fremont’s elected officials currently receive total compensation amounts lower than the median, with the mayor earning $60,949 and councilmembers earning $36,694 annually. These figures are 87% and 70% of the market median, respectively.

A key reason for lower total compensation levels is the allocation of health benefit allowance (HBA), which is currently set at $455/month. For the current half-time (50%) regular City represented employees, the HBA is $1,450/month. Increasing the HBA for Mayor and City Council to this same level would add an additional $17,400 to annual total compensation amounts and result in total compensation of $72,886 (106% of market median) and $48,631 (93% of market median), respectively.

The HBA amount for full-time represented employees is $2,900 per month.

Increasing the HBA for the Mayor and City Council to this level would result in total compensation of $90,286 and $66,031, respectively. Note, under State law, the HBA for a part-time elected official may only be increased commensurate with the equivalent part-time employee HBA rate. However, the City Council may define ‘part-time’ as a percentage and recommend an HBA increase to match that percentage (i.e., if part-time is defined as 75%, an HBA equal to 75% of the full-time employee rate is permitted).

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Attachment: Attachment B (5797 : City Charter Consideration) Council Staff Report (ID # 5736) Meeting of June 2, 2026 Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 6 Executive Roles and Appointment Authority
Across the surveyed cities, the mayor in a council-manager form of government is a voting member of the city council, with no designated veto powers or authority to cast tie-breaking votes. Veto power is often present in a strong mayor or mayor-council form of government, where the mayor is not a voting member of the legislative body.

While mayoral and council authorities were structurally similar across surveyed cities with a council-manager form of government, there were some variations, mostly in Southern California charter cities. For example, in the cities of Long Beach and San Bernardino, the mayor is not a voting member of the legislative body but does hold veto power on council items.

In the City of Alameda, its charter authorizes the mayor to take command of the city police and fire departments and govern the city by proclamation during an emergency. In the City of Fremont’s current organization, the City Manager directs the operations of the Emergency Operations staff in the event of an emergency.

Regarding appointment authority, in most council-manager cities, including the City of Fremont, the city council appoints the city manager/administrator and the city attorney. In this model, the city manager/administrator serves as the city’s chief executive officer and is responsible for the appointment of department heads and other city employees. In the staff’s survey of charter cities with a Council-Manager form of government:

• 38% appoint the City Manager and City Attorney (similar to Fremont). • 20% also appoint City Clerk.
• 28% also appoint a City Treasurer/Auditor.
• One City authorizes appointment of all department heads (Piedmont).

Beyond this, a small number of surveyed charter cities authorize their city councils to confirm additional staff members, such as the city clerk or other specific executive positions.

In some cities, the appointment of the city manager/administrator, department heads, and/or mayoral and city council staff is directly vested in the mayor. For example, in the Cities of San Jose and Stockton, the mayor directly appoints a public information officer. Further, the Cities of Stockton, Sacramento, and Chula Vista, and the City and County of San Francisco are examples in which the mayor appoints direct staff to support the office of the mayor and/or the legislative body.

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Attachment: Attachment B (5797 : City Charter Consideration) Council Staff Report (ID # 5736) Meeting of June 2, 2026 Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 7

Interviews with top California public sector executive recruiters offered the following observations regarding how the additional influence of elected officials in the appointment process could affect the ability to recruit or retain top talent:
• Reduces candidate pool because it signals a shift away from Council/Manager form of government, which top candidates generally seek;
• When Council confirmation exists, it functions as ratification of an appointment decision;
• Many cities have informal processes for informing and seeking input from the Mayor/City Council regarding key appointments.

B. COMMITTEE RECOMMENDATIONS

The Committee’s final recommendations with respect to the City Council- approved charter work plan are as follows:

Topic Recommendations Is Charter
Required?
Government
Structure
Maintain a Council-Manager
form of government (Charter
City).

Yes, if the intent is
to have a charter.

No, if the sole intent
is to maintain the
Council-Manager
form of government.

Term Limits
City Council Term Limits:

Increase to three consecutive
four-year terms.

No.

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Attachment: Attachment B (5797 : City Charter Consideration) Council Staff Report (ID # 5736) Meeting of June 2, 2026 Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 8 Mayor Term Limits: Increase
to three consecutive four-year
terms.

No.

Council
Compensation
and Office
Support
Status: The Mayor and City
Council to maintain their
current part-time status.

No.

Council Salary: Match the HBA
of elected officials to that of
the City’s full-time
represented employees.

This
recommendation is
not permissible
under state law,
assuming the City
Council and Mayor
maintain their part-
time status. The
HBA shall be no
greater than that
received by non-
safety employees.

Staffing Options: Allocate 1.5
employees to support the
Mayor and City Council.

No.

Executive Roles
Appointment Authority: City
Manager maintains
appointment authority of City
Department Heads (except
the City Attorney), subject to
confirmation by the City
Council.

No.

The Committee’s recommendations can largely be achieved through existing legislative (e.g., ordinances) or administrative authorities under the City of Fremont’s current general law structure. Other than the creation of a city charter, a charter is not necessary to pursue the Committee’s

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Attachment: Attachment B (5797 : City Charter Consideration) Council Staff Report (ID # 5736) Meeting of June 2, 2026 Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 9 recommendations. The current provisions of the California Government Code do not prohibit a general law city from (1) increasing city council and mayoral term limits, (2) allocating direct staff to support the city council and mayor, and (3) providing authority for the city council to confirm the city manager’s appointments.

One of the Committee’s recommendations was to raise the Health Benefit Allowance (HBA) of Fremont’s Mayor and City Councilmembers, commensurate with the City’s full-time represented employees, while maintaining their part-time status. Under state law, this recommendation is not allowed regardless of whether a city operates under general law or charter status. The City Council may define ‘part-time’ as a percentage and recommend an HBA increase to match that percentage (i.e., if part-time is defined as 75%, an HBA equal to 75% of the full-time employee rate is permitted).

Community Engagement
City staff have conducted community engagement activities throughout this process, as directed in the charter work plan. Since the City Council’s adoption of the work plan, City staff have published articles and communication pieces on the City’s social media platforms, the printed City News newsletter, the home page of the City website, and the weekly digital city newsletter, Fremont Connection, to inform Fremont residents and communities about the ongoing charter initiative. City staff also developed and published a dedicated webpage on the City website
(fremont.gov/chartercity) and created A-frame boards with a QR code that directs visitors to that webpage, for use and visibility at the City’s community events and the City Hall lobby. Staff also facilitated discussion of the charter process in conjunction with councilmember townhall meetings and various other community meetings.

Fiscal Impact:

Description Cost
The estimated cost to place a proposed City
Charter on the November 2026 ballot
$610,690 - $854,966
(one-time)
Potential annual cost (estimate) of total
compensation for the Mayor and
Councilmembers, ranging from a ’part-time’ to
a ‘full-time’ HBA scenario
$364-672 - $486,472
per year

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Attachment: Attachment B (5797 : City Charter Consideration) Council Staff Report (ID # 5736) Meeting of June 2, 2026 Updated: 5/29/2026 7:48 AM by Alberto Quintanilla Page 10 Total annual cost (estimate) of 1.5 employees
directly supporting the Mayor and
Councilmembers
$253,655 per year

The net increase to the City’s annual ongoing General Fund expenditures resulting from potential increases to the Mayor’s and Councilmembers’ compensation, and from the allocation of 1.5 employees to staff the Mayor and Councilmembers, is estimated to be $337,214 to $459,014 (depending on the level of HBA increase). Should the City Council decide to place a charter on the November 2026 ballot for consideration by Fremont voters, there may also be unknown additional costs associated with implementing the charter.

The expense for placing a measure on the ballot is calculated by the City’s total registered voters multiplied by the County Registrar of Voters' election cost per registered voter. The Registrar of Voters estimates that the election cost per voter for the November 3, 2026, general election will range between $5 to $7. The City currently has 122,138 registered voters. An estimate of the one-time cost of placing the measure on the 2026 ballot ranges from $610,690 to $854,966.

Environmental Review: Not applicable.

ATTACHMENTS:
• RecommendationsSummary_CharterAdvisoryCommittee
• Draft City of Fremont Charter
• Attachment B Cities Survey
• First Public Hearing_City Charter Presentation

Recommendation:

1. Receive the staff report,

2. Conduct a first public hearing,

3. Provide direction to staff on the draft city charter, including whether the City Council approves the draft city charter for the November 2026 ballot.

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Attachment: Attachment B (5797 : City Charter Consideration) Fremont City Council Meeting: 07/07/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5764) DOC ID: 5764
Updated: 6/30/2026 1:17 PM by Alberto Quintanilla Page 1 Second Public Hearing of City Charter Consideration - Conduct a Second Public Hearing (Published Notice) to Consider the Charter Work Plan Recommendations by the Charter Advisory Committee.

Contact Persons:

Name: Rafael Alvarado Christina Briggs
Title: City Attorney Assistant City Manager
Div/Dept: City Attorney's Office City Manager's Office
Phone: 510-284-4030 510-284-4022
E-Mail: [email protected] [email protected]

Executive Summary: On June 2, 2026, the City Council held the first of two required public hearings to discuss the Charter Advisory Committee recommendations and to consider a draft City charter. Staff has incorporated amendments to the draft charter as directed by City Council, and a modified draft charter is being presented at the second public hearing for Council consideration. At a third City Council meeting, the Council will decide whether to submit the charter to Fremont voters at the November 2026 election.

Background: At the City Council’s regular meeting on February 17, 2026, Vice Mayor Yajing Zhang presented a referral to consider transforming the City of Fremont from a general law city to a charter city and to do so in time to place a new Charter on the ballot for voter consideration in the November 2026 election. The City Council directed staff to develop a work plan and resolution to target the placement of a potential charter on the November 2026 ballot. The City Council established a seven-member, Mayor-appointed Charter Advisory Committee (“Committee”), tasked with providing recommendations responsive to the Council-approved work plan. The work plan included the following topics for the Committee’s consideration:

• Government Structure;
• Executive Roles/Appointment Authority;
• Council Compensation and Staffing; and
• Term Limits.

The Committee held a total of six public meetings during the months of March and April 2026 and made final recommendations at its last meeting, which are summarized in Attachment A.

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Attachment: Attachment C (5797 : City Charter Consideration) Council Staff Report (ID # 5764) Meeting of July 7, 2026 Updated: 6/30/2026 1:17 PM by Alberto Quintanilla Page 2 Discussion/Analysis: On June 2, 2026, the City Council held the first of two public hearings to receive a staff presentation regarding the Work Plan topics, the Committee’s recommendations, and a draft City Charter for consideration. Attachment B is the staff report from the June 2, 2026, hearing.

To summarize, the draft charter included language to authorize the following provisions, based on the Committee’s recommendations:

• Maintain a Council-Manager form of government;
• Maintain City Manager appointment authority of City Department Heads (except the City Attorney), subject to confirmation by the City Council;
• Match the Health Benefit Allowance (HBA) of elected officials to that of the City’s full-time represented employees*;
• Maintain the current part-time status of the Mayor and City Council; • Allocate 1.5 employees to directly support the Mayor and City Council; and
• Increase the term limit for both Mayor and City Councilmembers to three consecutive four-year terms.

*Staff clarified for the City Council that under state law, the HBA for a part- time elected official may only be increased commensurate with the equivalent part-time employee HBA rate.

After conducting a public hearing and deliberating, the City Council accepted the Committee recommendations above (with the clarification regarding the HBA adjustment) and directed staff to revise the draft Charter to include additional language addressing the following topics:

• The ability for the Mayor to independently add items to City Council meeting agendas;
• Clarification that the Mayor and City Council can participate in hiring (or terminating) any allocated direct staff;
• Development of a process for filling any future vacant Council seats with the individual who received the next highest number of votes; and
• Authority for the City Attorney to appoint and remove employees of the City Attorney's Office.

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Attachment: Attachment C (5797 : City Charter Consideration) Council Staff Report (ID # 5764) Meeting of July 7, 2026 Updated: 6/30/2026 1:17 PM by Alberto Quintanilla Page 3 Most of the topics listed can be implemented through the adoption of ordinances or other administrative actions under existing authority, without requiring a Charter. The exceptions are additional compensation (if not restricted to health benefits) and appointment authority for the City Attorney’s Office.

In addition to the items above, the City Council’s discussion at the first public hearing emphasized certain high-level objectives with this initiative.

They included:

• The principles of transparency and accountability as a primary motivation for pursuing a City Charter;
• Clarification that this current City Charter does not authorize a real property transfer tax; and
• Clarification for the public that, if adopted, any future amendments to a City Charter would also require voter approval during an election.

Fiscal Impact:

Description Cost
The estimated cost to place a proposed City
Charter on the November 2026 ballot
$610,690 - $854,966
(one-time)
Total annual cost (estimate) of total
compensation for the Mayor and
Councilmembers, reflecting a half-time HBA
scenario
$364,672 per year
Total annual cost (estimate) of 1.5 employees
directly supporting the Mayor and
Councilmembers
$253,655 per year

The net increase to the City’s annual ongoing General Fund expenditures resulting from potential increases to the Mayor’s and Councilmembers’ compensation, and from the allocation of 1.5 employees to staff the Mayor and Councilmembers, is estimated to be $328,214. Should the City Council decide to place a charter on the November 2026 ballot for consideration by Fremont voters, there may also be unknown additional costs associated with implementing the charter.

The expense for placing a measure on the ballot is calculated by the City’s total registered voters multiplied by the County Registrar of Voters' election

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Attachment: Attachment C (5797 : City Charter Consideration) Council Staff Report (ID # 5764) Meeting of July 7, 2026 Updated: 6/30/2026 1:17 PM by Alberto Quintanilla Page 4 cost per registered voter. The Registrar of Voters estimates that the election cost per voter for the November 3, 2026, general election will cost between $5 to $7 per voter. The City currently has 122,138 registered voters. An estimate of the one-time cost of placing the measure on the 2026 ballot ranges from $610,690 to $854,966.

Environmental Review: Not applicable.

ATTACHMENTS:
• Attachment A
• Attachment B
• Draft City of Fremont Charter (Clean)
• Draft City of Fremont Charter (Redlines)
• Staff Presentation

Recommendation:

1. Receive the staff report.

2. Conduct a second public hearing.

3. Provide direction to staff on the proposed city charter language, including whether the City Council approves the proposed city charter language for the November 2026 ballot.

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Attachment: Attachment C (5797 : City Charter Consideration)