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3 CITY OF SAN MATEO
RESOLUTION NO. __ (2026)
SUBMITTING TO THE VOTERS A MEASURE TO AMEND THE CITY CHARTER TO REFLECT THE CHANGE
TO DISTRICT ELECTIONS AND UPDATE CERTAIN PROVISIONS TO BE VOTED ON AT THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 3, 2026 WHEREAS, the Charter of the City of San Mateo is the governing document establishing the powers and providing guidance for the City's organization and rule; and WHEREAS, following adoption of a Charter by local voters in 1922, a new Charter was adopted by the voters in 1970 and ratified by the Legislature of the State of California via Resolution Chapter 10 — Statutes of 1971; and
WHEREAS, the Charter was revised in its entirety on November 4, 2002 and chaptered in Charter Chapter 62 – Statutes of 2002 and was further amended by a vote of the people on November 8, 2016; and
WHEREAS, the Charter requires amending in order to reflect the City’s transition to district elections in 2021 following a demand letter claiming a violation of the California Voting Rights Act; and WHEREAS, additional amendments to the Charter are appropriate in order to clarify the process for scheduling Council meetings and filling Council vacancies, remove obsolete provisions, and make other technical and conforming amendments; and
WHEREAS, the City Council held a study session on March 16, 2026 and public hearings on April 6, 2026 and May 18, 2026 to discuss the proposed amendments, in accordance with state law; and WHEREAS, on June 15, 2026, the San Mateo City Council adopted Resolution No. 60 (2026), calling for the holding of a General Municipal Election for certain Council seats and requesting the Board of Supervisors of the County of San Mateo to consolidate a general municipal election with the statewide general election on November 3, 2026; and
WHEREAS, the City seeks to add this measure on the ballot at the same election for which services have been called; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment to the voters.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, RESOLVES AS FOLLOWS:
1. Submission of Measure to the Voters. Pursuant to Elections Code sections 9255, 10201, and 10403, the City Council hereby orders the measure proposing to amend the Charter to be submitted to the qualified voters of the City of San Mateo at the general municipal election consolidated with the statewide general election on November 3, 2026. The consolidated election shall be held and conducted in the manner prescribed by Elections Code section 10418. The full text of the Charter amendments that shall be voted on is attached hereto as Exhibit A. 1 3
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3 2. Ballot Question. The City Council approves the proposed charter amendments set forth in Exhibit A, attached hereto and incorporated in this Resolution by this reference, for submission to the voters of the City, and orders that the ballots for the election shall be in the form provided by law, and that the ballot question shall appear on the ballot in the following form and shall be submitted to the voters of the City:
YESShall 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? NO
3. The City Clerk is directed to forward the proposed measure to the City Attorney for preparation of an impartial analysis in accordance with Section 9280 of the Elections Code.
4. Arguments for and against the proposition may be submitted to the qualified voters of the City in accordance with sections 9282 through 9287 of the California Elections Code. The deadline date for submitting ballot arguments for or against the proposition shall be set by the City Clerk.
Proposed arguments shall not exceed 300 words and shall be submitted to the Office of the City Clerk.
The deadline for submitting rebuttal arguments shall be set by the City Clerk. Proposed rebuttal arguments shall not exceed 250 words and shall be submitted to the office of the City Clerk. The provisions of Section 9285(a) of the California Elections Code shall apply to the submittal of rebuttal arguments.
5. The City Council authorizes two members of the City Council, ________ and ________, to file written argument and rebuttal in favor of the measure.
6. Any argument filed for or against said proposition not exceeding 300 words shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if filed on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
7. The City Clerk is hereby directed to file a certified copy of this resolution with the San Mateo Clerk of the Board of Supervisors and the County Registrar of Voters in sufficient time so that the measure may be included on the November 3, 2026, City municipal election and statewide general election ballot. The City Clerk is hereby directed to perform all other acts that are required for submitting the measure to be voted on at the November 3, 2026, general municipal election and statewide general election. Pursuant to Elections Code sections 9280 and 12111, the full text of the proposed amendments shall not appear in the voter pamphlet given its length and resulting expense, but the City Clerk shall post the proposed measure on the City's website, provide any person a copy of the measure upon request, and publish a synopsis of the measure.
8. Majority Vote. The measure proposes to amend the City Charter and shall be approved if a majority (50% +1) of those voting on the measure approve it. If approved by the voters, the Charter amendment shall become effective upon acceptance and filing by the Secretary of State. The City Clerk is 1 3
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3 hereby directed to transmit and file all documents required by law with the Secretary of State following certification of the election results.
9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
11. Severability. In the event any section, clause or provision of this resolution shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. It is the intent of the City Council that it would have adopted all other portions of this resolution irrespective of any such portion declared to be invalid or unconstitutional.
12. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines section 15378(b)(5), submission of the proposed Charter amendments to the voters is categorically exempt from CEQA because it involves administrative activity that will not result in direct or indirect physical changes in the environment.
13. Effective Date. This Resolution shall take effect upon its adoption. 1 3
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EXHIBIT A
NOTE: Unchanged Charter text is in plain font. Proposed additions to the Charter are in double-underlined font.
Deletions are in strikethrough font. Asterisks (* * * *) indicate the omission of unchanged sections.
The Charter:
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2.01. Composition, Eligibility, Election and Terms.
(a) 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.
(b) No person shall be eligible to hold office as a member of the city council or for election thereto unless he or she is they are, and shall have been continuously for at least 30 days immediately preceding the appointment or final filing date for nomination papers for such office, a qualified elector and resident of the city, or of territory annexed to or consolidated with the city.
(c) The members of the city council shall be elected by the voters of the city at a general municipal election to be held in the year 2020 and every even-numbered year as follows:
1. Two councilmembers shall be elected at the general municipal election held in the year 2020. They shall hold office for a term of four years, commencing on the first regular council meeting in the December immediately following the general municipal election until the general municipal election the fourth year thereafter.
2. Three councilmembers shall be elected at the general municipal election held in the year 2022. They shall hold office for a term of four years, commencing on the first regular council meeting in the December immediately following the general municipal election until the general municipal election the fourth year thereafter.
3. In the event two or more candidates receive the same number of votes and it is necessary for any reason to break the tie, the tie shall be broken by drawing lots under the supervision of the city attorney at the earliest meeting of the council after such a tie has been determined. (d) 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 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- 1 3
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3 numbered years to even-numbered years, as approved by the voters of city in the general municipal election held in 2017.
(e) Councilmembers shall not be eligible for election to nor serve more than three consecutive terms in office provided that no partial term of office shall be counted as any portion of the consecutive terms. (Res. No. 65 § 2, eff. 11-7-17)
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2.06 Prohibitions.
(a) Holding Other Office: Except where authorized by law, no councilmember shall hold any other city office or city employment during the term for which they were he/she was elected or appointed by the council, and no former councilmember shall hold any compensated appointed city office or employment until one year after the expiration of the term for which they were he/she was elected or appointed to the council. (b) Appointments and Removals: Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative or legal officers or employees whom the city manager, city attorney, or any of the city manager's subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the city manager or city attorney anything pertaining to appointment and removal of such officers and employees. Where council approval of a proposed appointment is required a refusal to approve shall not be construed as a violation of this provision. (c) Interference with Administration: Except for the purpose of inquiries and investigations specifically authorized by this Charter or by law, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager or city attorney solely through the city manager or city attorney, respectively, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.
2.07 Forfeiture of Office.
Any councilmember shall forfeit their 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 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 their his/her term of office any qualification for the office prescribed by this Charter or by law.
2.08 Vacancies in Office.
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 1 3
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3 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.
2.09 Meetings. Generally.
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.
Except as otherwise provided by state law, all meetings shall be open to the public. * * * *
2.16 Emergency Ordinances.
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. * * * *
3.02 Removal.
The council may remove the city manager from office in accordance with the following procedures:
(a) The council shall adopt by affirmative vote of a majority of the council plus one a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed forty-five days. A copy of the resolution shall be delivered promptly to the city manager. (b) Within five days after a copy of the resolution is delivered to the city manager, he they may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than fifteen days nor later than thirty days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing. (c) The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of the council plus one at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if the city manager he has not requested a public hearing, or at any time after the public hearing if the city manager he has requested one. 1 3
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3 (d) The city manager shall continue to receive his their salary until the effective date of a final resolution of removal. The action of the council in suspending or removing the manager shall be final. (e) During the period of suspension and after the effective date of a final resolution of removal the powers of the city manager shall be exercised by an acting city manager until a new city manager is appointed and qualifies.
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3.04 Powers and Duties of the City Manager.
The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the council for the administration of all city affairs placed in their his/her charge by or under this Charter. The city manager shall have the following powers and duties:
(a) To direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or by law.
(b) To attend all council meetings, unless excused by the council or the mayor, and shall have the right to take part in discussion but may not vote.
(c) To see that all laws, provisions of this Charter and acts of the council, subject to enforcement by the city manager him/her or by officers subject to the city manager’s his/her direction and supervision, are faithfully executed.
(d) To prepare and submit the annual budget and capital program to the council. (e) To submit to the council and make available to the public a report on the finances and administrative activities of the city as of the end of each fiscal year. (f) To make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the city manager’s his/her direction and supervision. (g) To keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as the city manager he/she deems desirable. (h) To appoint such advisory boards as the city manager he/she may deem desirable to advise and assist him in their his/her work, provided such boards shall not receive any compensation. (i) At any time in the city manager’s his/her discretion, and with or without notice, examine or cause to be examined the conduct of any administrative officer or employee of the city. (j) To perform such other duties as are specified in this Charter or may be required by the council. * * * *
4.09 City Clerk. Powers and Duties.
There shall be a city clerk, who shall be appointed by and serve at the pleasure of the city manager. The city clerk He/she shall be clerk of the council and keep an accurate record of all ordinances, resolutions and 1 3
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3 motions, shall have custody of the official seal and all official records committed to their his/her care, make affidavits and administer oaths without charge in matters affecting the business of the city, conduct elections, and shall perform the duties of a city clerk as provided by the general law of the state except as inconsistent with this Charter, and such other duties required by this Charter.
4.10 Finance Treasurer/Fiscal Director. Powers and Duties.
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. * * * *
4.13 Oath of Office.
Every officer, whether appointed or elected, shall take the constitutional oath of office and subscribe thereto before entering upon the performance of the officer’s his/her official duties. * * * *
5.15 Receipts and Expenditures.
All money received by the city shall be deposited in the city treasury and in institutions and investments authorized for cities by law, and no money shall be disbursed without the approval of the city manager or of another officer duly authorized by them him/her. No expenditure of city funds shall be made except for the purposes and in the manner specified by an appropriation of the council; nor shall any disbursement be made unless obligations are properly supported by accounting evidence and sufficient funds are available. The city manager or other officer authorized by them him/her to make disbursements shall be represented by the city attorney in all legal matters in connection therewith. (Res. No. 66 § 3, eff. 11-7-17) * * * *
5.20 Purchases and Contracts.
The city manager or an officer authorized by them him/her shall purchase or contract for equipment, materials, supplies and public works required by the city in the manner prescribed by ordinance. 1 3
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3 * * * *
6.08 Removal from Office. Vacancies.
Members of such boards and commissions shall serve at the pleasure of the city council, and any member may be removed by the vote of a majority of the council plus one. If a member of a board or commission absents themselves himself from three consecutive meetings unless by permission of the board or commission expressed in its minutes, or is convicted of a crime involving moral turpitude, or loses the qualifications required for appointment in the first instance, their his office shall automatically become vacant and shall be so declared by the city council.
Any vacancies shall be filled by appointment by the city council for the remainder of the unexpired term. * * * *
7.04 Reserved Verified Statement of Candidates.
(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;
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.
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3 (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.
(d) The failure to submit the statement or other information shall not disqualify the candidate. * * * *
9.02 Prohibitions.
(a) Activities Prohibited:
1. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office on account of any matter that constitutes employment discrimination in state or federal law.
2. No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification, or appointment under the personnel provisions of this Charter, or ordinances relating to personnel, or rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.
3. No person who seeks appointment or promotion with respect to any city appointive position or appointive city office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with their his/her test, appointment, proposed appointment, promotion or proposed promotion.
4. No city officer or employee shall grant special consideration, treatment, advantages, or use of city-owned property to himself/herself or any citizen beyond that which is available to every other citizen, nor shall any city officer or employee charge or collect any fee, commission or percentage by way of compensation to himself/herself.
(b) Penalties: Any person who alone or with others willfully violates any of the foregoing provisions of this section shall be guilty of a misdemeanor. Any person convicted under this section shall be ineligible for a period of five years thereafter to hold any office or position with the city, and, if an officer or employee of the city, shall immediately forfeit their his office or position. (c) The council may by ordinance define, prohibit, and provide penalties for substantial conflicts of personal interest of city officers and employees.
9.03 Nepotism.
The city council shall not appoint to a salaried position under the city government, or to any board or commission, any person who is a relative by blood or marriage within the third degree of any one or more of the members of such city council, nor shall any department head or other officer having appointive power appoint any relative of theirs his/her or of one or more of the members of such city council within such degree 1 3
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3 to any such position.
9.04 Dual Offices.
Any elective officer of the city who shall accept or retain any other incompatible elective public office shall be deemed thereby to have vacated their his/her office under the city government. * * * *
9.07 Reserved Official City Newspaper.
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 therefor 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.