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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 23 Section Name: PUBLIC HEARING Account Number: 10-1711 File ID: 26-11480 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: July 20, 2026
SUBJECT:
November 3, 2026 Election – Placement of Charter Amendments on the Ballot RECOMMENDATION:
Adopt a Resolution to place a measure on the ballot to revise the City Charter to reflect the change to district elections, update the process for scheduling Council meetings and filling Council vacancies, and update or remove various other provisions that are outdated, appropriate $20,400 for related election costs, and authorize two members of the City Council to submit arguments.
BACKGROUND:
As discussed in detail during the March 16, 2026 study session and public hearings on April 6, 2026 and May 18, 2026, the proposed amendments to the City Charter include a variety of changes as noted below. The only new revision is a change to the title of Charter section 4.10, from “Treasurer/Fiscal Director. Powers and Duties.” to ““Finance Director. Powers and Duties.” Otherwise, the proposed text revisions remain the same as the last public hearing. Those revisions are once again set forth in full detail after the next section addressing the ballot question and other components of the ballot measure resolution.
BALLOT QUESTION, ARGUMENTS, AND OTHER RESOLUTION ELEMENTS The draft resolution submitting the proposed measure to the voters includes the following form of the ballot question:
Shall the measure amending the City of San Mateo’s Charter to reflect the City’s current district-based election system, update the process for scheduling Council meetings and filling Council vacancies, update or remove obsolete provisions, and make other technical and conforming changes, be adopted? Arguments for and against the measure, and any rebuttal arguments, may be submitted in accordance with state law. The proposed resolution would also authorize two members of the City Council to file written arguments and rebuttals in favor of the measure. The recommendation includes a request for the Council to designate two such members.
The resolution also includes other components, following state law, such as a section noting that the measure will pass if a simple majority of voters (50% + 1) approve it. If that occurs, then the City Clerk is directed to file the measure with the Secretary of State after certification of the voting results, under California Constitution Article XI, Section 3. Additionally, if approved by the Council, the resolution directs the City Clerk to forward the proposed measure to the City Attorney for preparation of an impartial analysis, as required by Elections Code section 9280. Finally, in accordance with the same state law, the full text of the measure would not be reproduced in the ballot pamphlet given its length, i.e., many of the changes would add gender neutral language where needed. Instead, the City Clerk would post the measure on the City website and provide a copy to any individual upon request.
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PROPOSED CHARTER AMENDMENTS
District Elections
Existing Charter Language (Sec. 2.01(a)) Proposed Charter Language There shall be a city council of five members elected by the voters of the city at large.
There shall be a city council of five members elected by the voters of the city at large by districts. Any recall election or special election or appointment to fill a
vacancy shall also be by district.
Following each decennial federal census, and at other
such times as provided by law, the city council shall,
by resolution or ordinance, adopt boundaries for all
council districts so that all of the districts shall comply with state and federal law. The term of office of any
councilmember who has been elected and whose
term of office has not expired shall not be affected by any change in the boundaries of the district from
which the councilmember was elected.
The members of the Council are of course now elected by district rather than at large, following a 2021 demand letter claiming a violation of the California Voting Rights Act and demanding a change in City electoral practices. The district election process is also codified in the San Mateo Municipal Code. The additional proposed language clarifies that a redistricting process will occur every ten years, consistent with state and federal law, and that an appointee to fill a vacancy must live in the same district as the Councilmember who vacated the seat at issue. Additionally, where the boundaries of a district are changed, the proposed language clarifies that the terms of then current Councilmembers will not be affected.
Councilmembers Elected in 2017
Existing Charter Language (Sec. 2.01(d).) Proposed Charter Language Provisions applicable to the councilmembers
elected at the general municipal election held in
2015 and the councilmembers elected at the
general municipal election held in 2017.
1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.
2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,
commencing on the first regular council
Reserved. Provisions applicable to the
councilmembers elected at the general municipal
election held in 2015 and the councilmembers
elected at the general municipal election held in
2017.
1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.
2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,
commencing on the first regular council
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meeting in December 2017 until the general municipal
election held in 2022.
3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to even-
numbered years, as approved by the voters
of city in the general municipal election held
in 2017.
meeting in December 2017 until the general municipal
election held in 2022.
3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to even-
numbered years, as approved by the voters
of city in the general municipal election held
in 2017.
This Charter provision was added by the voters in 2017 in order to comply with Senate Bill 415 (SB 415) (2015). SB 415 required cities to realign their elections to even numbered years if prior odd-year elections had resulted in a significant decrease in voter turnout. The City’s 2017 ballot measure did so, also extending the terms of Council members elected in 2015 and 2017 by one year to facilitate this goal. It passed by a vote of 81.4% to 18.6%. However, the terms of office for Council members elected in 2015 and 2017 have now ended (as of 2022 for the latter), and this language is no longer needed. Charter Section 2.01(c) provides for the staggered election of Councilmembers in 2020 (two seats) and 2022 (three seats), and even-numbered years thereafter, for a term of four years.
Forfeiture of Office for Absence from the City
Existing Charter Language (Sec. 2.07) Proposed Charter Language
Any councilmember shall forfeit his/her office who (1) fails to qualify within 10 days after appointment or certification of election, or (2) is absent from the city continuously for more than 30 days without permission of a majority of the remaining councilmembers, or (3) fails to attend three
consecutive regular meetings of the council without being excused by a majority of the remaining councilmembers,
and the excuse entered in the minutes, or (4) fails to
attend at least two-thirds of all regular meetings of the council during any 12-month period, or (5) is convicted of a violation of any express provision of this Charter or of a crime involving moral turpitude, or (6) attempts to
influence the city manager or city attorney in the making of any appointment or in the purchase of supplies, or (7) lacks at any time during his/her term of office any
qualification for the office prescribed by this Charter or by law.
Any councilmember shall forfeit his/her their office who (1) fails to qualify within 10 days after appointment or certification of election, or (2) is absent from the city continuously for more than 30 60 days without permission of a majority of the remaining councilmembers, or (3) fails to attend three consecutive regular meetings of the
council without being excused by a majority of the
remaining councilmembers, and the excuse entered in the minutes, or (4) fails to attend at least two-thirds of all regular meetings of the council during any 12-month
period, or (5) is convicted of a violation of any express provision of this Charter or of a crime involving moral turpitude, or (6) attempts to influence the city manager or city attorney in the making of any appointment or in the purchase of supplies, or (7) lacks at any time during
his/her their term of office any qualification for the office prescribed by this Charter or by law.
This proposed change would align the Charter with state law applicable to general law cities, specifically Government Code section 36513. That statute provides for a vacancy where a Councilmember is absent without permission from regular Council meetings for 60 days consecutively from the last regular meeting they attended. This revision would also offer more flexibility for Councilmembers who may be out of town for extended periods for personal or work-related reasons.
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Time to Fill Council Vacancies
Existing Charter Language (Sec. 2.08) Proposed Charter Language
A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 days after the same occurs, then such vacancy shall be filled by the mayor. The appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the
unexpired terms, and the same shall be conducted
substantially in the manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.
A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 60 days after the same occurs, then such vacancy shall be filled by the mayor. The appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the
unexpired terms, and the same shall be conducted
substantially in the manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.
The time for the Council to decide on filling a vacancy would be increased from 30 to 60 days. This is important because if a vacancy occurs due to a Councilmember being elected to another office, that will likely occur in November. The existing 30-day period would then expire in December during the holiday season. Extending the period to 60 days would allow for increased outreach to the community and a more deliberate application, interview, and selection process.
The draft language also eliminates text allowing candidates receiving the most votes to serve the longer of unexpired terms (and addressing tie votes) where a majority of the Council seats become vacant. Following the shift to district elections, candidates would no longer run for one of several at-large seats and would instead run for a single seat in their district. Thus, the current language is no longer necessary.
Start Time for Council Meetings
Existing Charter Language (Sec. 2.09) Proposed Charter Language
The council shall meet at the first regular council meeting in December following a general municipal election and
canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor. The regular meetings of the council shall be held on the first and third Monday of each month not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time certain, which
adjourned meeting shall be a regular meeting for all
purposes. The council may, in its discretion, change the date of any regularly scheduled Monday council meeting
which would fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly
scheduled Monday council meeting.
The council shall meet at the first regular council meeting in December following a general municipal election and
canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor. The regular meetings of the council shall be held on the first and third Monday of each month not earlier than 6:30 p.m. at a day and time
specified by resolution, but any regular meeting may be adjourned to a date and time certain, which adjourned
meeting shall be a regular meeting for all purposes. The council may, in its discretion, change the date of any
regularly scheduled Monday council meeting which would
fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly scheduled
Monday council meeting.
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The proposed language would remove 6:30 p.m. as the start time for Council meetings and simply allow the time to be determined by resolution, which will provide the Council with more flexibility. Language specifying the first and third Monday of the month as regular meeting days would also be removed in favor of specifying both the day and the time by resolution.
Publication and Expiration of Emergency (Urgency) Ordinances Existing Charter Language (Sec. 2.16) Proposed Charter Language Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. Every such
ordinance, except one for emergency
appropriations or calling an election, shall
automatically stand repealed as of the ninety-first
day following the date on which it was adopted, but
this shall not prevent reenactment of the ordinance
if the emergency still exists.
Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. In lieu of
publishing the full text of an emergency ordinance,
a summary thereof may be published in the same
manner as other ordinances. Every such ordinance,
except one for emergency appropriations or calling
an election, shall automatically stand repealed as of
the ninety-first day following the date on which it
was adopted, but this shall not prevent
reenactment of the ordinance if the emergency still
exists.
The draft language would allow for the publication of a summary of an emergency ordinance (more commonly known as an urgency ordinance). Currently, the Charter does not allow publication of a summary, and therefore the entire urgency ordinance must be published in the newspaper. This change would result in modest cost savings, but more importantly would allow for the same flexibility in publishing urgency ordinances that exists for standard ordinances under Charter Section 2.15(d).
Furthermore, this proposal would eliminate language requiring the automatic repeal of urgency ordinances on the 91st day after adoption. This language was not part of the original 1922 Charter and was added in 1970. The circumstances requiring the urgency ordinance would not necessarily have been resolved approximately three months after adoption.
Eliminating this text would not prevent the Council from affirmatively repealing an urgency ordinance as appropriate.
Selection of a Finance Director
Existing Charter Language (Sec. 4.10) Proposed Charter Language Treasurer/Fiscal Director. Powers and Duties. Finance Treasurer/Fiscal Director. Powers and Duties.
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There shall be a city treasurer/fiscal director who
shall be appointed by the city manager, subject to
approval by the city council, and who shall serve at
the pleasure of the city manager as the head of the
finance department. The treasurer/fiscal director
shall have the power and shall be required to
receive and safely keep all money and securities
belonging to the city, and pay out the same only on
written authority of the city manager or other
officer or officers designated by the city manager or
as otherwise authorized by law, this Charter or
ordinances adopted pursuant thereto, and not
otherwise. He/she shall also serve as ex officio tax
and license collector for the city with the duties
thereof as provided by ordinance or the general law
of the state, unless the council by ordinance
provides otherwise. The council may contract for
the performance of the functions and duties of the
treasurer/fiscal director.
Responsibility for the accounting system, accounts
and controls, receipts and expenditures, and deposit
and investment may be delegated by the city
manager to the fiscal director. The fiscal director
shall also have the power and be required to
perform such other duties as are consistent with
this Charter.
There shall be a city treasurer/fiscal finance director who shall be appointed by the city manager, subject
to approval by the city council, and who shall serve
at the pleasure of the city manager as the head of
the finance department. The treasurer/fiscal finance
director shall have the power and shall be required
to receive and safely keep all money and securities
belonging to the city, and pay out the same only on
written authority of the city manager or other
officer or officers designated by the city manager or
as otherwise authorized by law, this Charter or
ordinances adopted pursuant thereto, and not
otherwise. The finance director He/she shall also
serve as ex officio tax and license collector for the
city with the duties thereof as provided by
ordinance or the general law of the state, unless the
council by ordinance provides otherwise. The
council may contract for the performance of the
functions and duties of the treasurer/fiscal finance
director.
Responsibility for the accounting system, accounts
and controls, receipts and expenditures, and deposit
and investment may be delegated by the city
manager to the fiscal finance director. The fiscal
finance director shall also have the power and be
required to perform such other duties as are
consistent with this Charter.
These changes would clarify that the appointment of a Finance Director is not subject to approval by the City Council, and would refer to the current title of that position. A new revision is that, unlike other Charter sections proposed for revision, the title of this section would also be changed, in this case from “Treasurer/Fiscal Director. Powers and Duties.” to “Finance Director. Powers and Duties.”
Verified Statement of Candidates
Existing Charter Language (Sec. 7.04) Proposed Charter Language (a) No earlier than the first day, and no later than
the last day, specified or provided under state
law for the filing of nomination papers by any
candidate for elective municipal office in
general law cities, as such law shall be in effect
on the first day of January next preceding the
municipal election, each candidate for an
elective office shall file with the city clerk a
statement containing the following information
in the order herein set forth:
1. His/her name;
(a)Reserved. No earlier than the first day, and no
later than the last day, specified or provided
under state law for the filing of nomination
papers by any candidate for elective municipal
office in general law cities, as such law shall be
in effect on the first day of January next
preceding the municipal election, each
candidate for an elective office shall file with the
city clerk a statement containing the following
information in the order herein set forth:
1. His/her name;
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2. The office for which he/she is a candidate;
3. His/her present residence and occupation;
4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;
5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;
6. The public offices he/she ever held, if any, as
principal, deputy or employee;
7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;
8. The length of time he/she has been a resident
in the city;
9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;
10. The names of not more than 15 residents
who know something of his/her character and
abilities;
11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements above-
mentioned shall exceed 100 words in length.
2. The office for which he/she is a candidate;
3. His/her present residence and occupation;
4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;
5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;
6. The public offices he/she ever held, if any, as
principal, deputy or employee;
7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;
8. The length of time he/she has been a resident
in the city;
9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;
10. The names of not more than 15 residents
who know something of his/her character and
abilities;
11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements above-
mentioned shall exceed 100 words in length.
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(d) The failure to submit the statement or other
information shall not disqualify the candidate.
(d) The failure to submit the statement or other
information shall not disqualify the candidate.
The language proposed for elimination originally appeared in the 1922 Charter and has only undergone minor changes over the years. As the Council is well aware, the manner in which election campaigns are conducted has vastly changed over the last century. Instead of a statement with the prescribed information constituting a significant source of information for the voters, other sources of information are much more commonly used during an election campaign, such as Internet websites with written material and videos, and social media. Candidates may also submit a statement to be included in a voter information guide that is distributed to voters. This existing provision is thus outdated and is appropriate for removal.
Selection of Newspaper – Publication of Notices
Existing Charter Language (Sec. 9.07) Proposed Charter Language The council periodically shall advertise for or call for the submission of sealed proposals or bids from all
newspapers adjudicated to be newspapers of general
circulation within the city, or if none, then from
newspapers adjudicated to be newspapers of general
circulation with in the County of San Mateo, for the
publication of all ordinances and other legal notices
required to be published. The council may designate the requirements for award of contract. The contract
therefore shall be awarded to the lowest responsible
bidder, provided the rates for such publication shall not exceed the customary rate charged for publishing legal
notices of a private character. The newspaper to whom
such contract is awarded shall be known and designated
as the official city newspaper.
In the event no such newspaper will contract with the city as herein provided, or if the official city newspaper is not published, then notice of the matters required to be
published in the official city newspaper shall be given by posting copies thereof at three or more public places in the city as designated by the council, and such posting shall be equivalent to legal publication.
Reserved. The council periodically shall advertise for or call for the submission of sealed proposals or bids from all newspapers adjudicated to be newspapers of general
circulation within the city, or if none, then from
newspapers adjudicated to be newspapers of general
circulation with in the County of San Mateo, for the
publication of all ordinances and other legal notices
required to be published. The council may designate the requirements for award of contract. The contract
therefore shall be awarded to the lowest responsible
bidder, provided the rates for such publication shall not exceed the customary rate charged for publishing legal
notices of a private character. The newspaper to whom
such contract is awarded shall be known and designated
as the official city newspaper.
In the event no such newspaper will contract with the city as herein provided, or if the official city newspaper is not published, then notice of the matters required to be
published in the official city newspaper shall be given by posting copies thereof at three or more public places in the city as designated by the council, and such posting shall be equivalent to legal publication.
At the March 16, 2026, study session, staff proposed limited revisions to this Charter section that were designed to provide more flexibility in selecting an official newspaper in which public hearing notices and other announcements are required to be published, while allowing consideration of other factors such as local circulation. Staff is now proposing to eliminate this section entirely, and to instead specify how a newspaper would be selected by ordinance, most likely in Chapter 3.60 (Purchasing), through a flexible process such as a request for proposals.
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Miscellaneous Charter Revisions
Other Charter changes include various “clean-up” revisions, namely adding gender neutral language where needed. Those are set forth in full in Attachment A.
CHARTER AMENDMENT PROCESS
Under state law, the City Council may propose a charter amendment and submit it to the voters at the next statewide general election, at least 88 days before the election. Govt. §34458(a). The charter amendment will not be adopted until it is approved by a majority vote.
Before approving the submittal of a charter amendment to the voters, the City Council must hold at least two public hearings, with published and posted notice, at least 21 calendar days prior to the date of each public hearing. Govt. §34458(b). The second public hearing must be held at least 30 days after the first public hearing, and at least one of the two hearings must be held outside of normal business hours to facilitate public participation. Govt. §34458(b). In this case, both public hearings took place in the evening during a regular Council meeting. The Council cannot vote on whether to approve submitting the proposal to the voters until 21 days after the second public hearing. Govt. §34458(b).
While a public hearing notice is not legally required for the Council action to place a measure on the ballot, staff has built such a notice into the process below for increased transparency. The Charter amendment must also be filed with the California Secretary of State and the County Recorder and must be published in the official state statutes. Govt. §§34459 - 34461. A summary of the Council meeting schedule is reproduced below.
Council Meeting Schedule – Charter Amendments
Dates Purpose
March 13, 2026 Publish/Post legal notice for 1st PH on 4/6 - completed
March 16, 2026 Council Study Session – completed
April 6, 2026 First Public Hearing – completed
April 27, 2026 Publish/Post legal notice for 2nd PH on 5/18 – completed
May 18, 2026 Second Public Hearing - completed
May 22, 2026 Publish/Post legal notice for Council action on 6/15 (not required) - completed
July 20, 2026 Council submits measure to voters - tonight August 7, 2026 88 days before election
November 3, 2026 Election Day
BUDGET IMPACT:
The anticipated impact of placing this measure on the ballot is expected to be approximately $20,400, which represents the incremental additional cost of including a second measure on the ballot on top of a local revenue measure. This appropriation is included in the draft resolution.
ENVIRONMENTAL DETERMINATION:
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Placing the proposed measure on the ballot is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
STRATEGIC PLAN ALIGNMENT
This staff report supports the Organizational Health and Good Governance initiative.
NOTICE PROVIDED
A public hearing notice was published in the San Mateo Daily Journal on June 30, 2026, and July 7, 2026.
ATTACHMENTS
Att 1 – Proposed Resolution with Charter Amendments
STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020