Chapter 2.20 DEPARTMENTS, BOARDS AND COMMISSIONS

This article may be referred to as the “uniform regulations for council-established city boards, commissions and committees.” The purpose of this article is to provide uniform general regulations applicable to all the various boards, commissions and committees of the city established by the city council to advise the city council and to perform such other functions and duties as prescribed by the city council in other provisions of this code or pursuant to other action of the city council. Such uniform general regulations in this article include:

(a) Qualifications, compensation, terms of office, appointment and removal of members;

(b) Selection of the chairman and vice-chairman thereof;

(d) Other matters requiring or appropriate for uniformity of regulations. (Ord. 974 § 2, 2-5-74. 1990 Code § 2-3100.)

2.20.020 Boards, commissions and committees affected.

This article shall apply to the human relations commission, planning commission, recreation commission, historical architectural review board, civil service board, city beautiful committee, sister city commission, art review board, George W. Patterson House advisory board and such other bodies established by the city council from time to time. For purposes of this article, each such board, commission and committee shall be known as a subject body. (Ord. 974 § 2, 2-5-74; Ord. 1269 § 1, 9-5-78; Ord. 2225 § 1, 3-4-97. 1990 Code § 2-3101.)

2.20.030 Regulations for subject bodies.

(a) The members of each subject body shall be appointed and shall be subject to removal by the mayor with the approval of the city council.

(b) No person shall be eligible to be or to continue to be a member of a subject body unless he or she is a resident of the city, unless stated otherwise in this chapter.

(c) Except as otherwise provided in this chapter, no person shall be eligible to serve as a member of a single subject body for more than two full terms.

(d) No officer or employee of the city shall be eligible to be a member of a subject body, except for the sister city committee and the youth advisory commission. Members of the youth advisory commission may accept part-time employment with the city.

(e) The members of the subject bodies shall receive no compensation for the performance of their official duties unless compensation is expressly provided by action of the city council.

(f) The term of office of a member of a subject body shall be four years, commencing on the first day of January of the initial year of such term, and concluding on the thirty-first day of December of the fourth year. Each member shall hold office until his or her resignation, death, removal from office, ineligibility to hold office, or disqualification for noncompliance with the attendance requirements of this section, or, in other cases, until his or her successor has been appointed and qualified.

(g) The city manager shall designate a city employee to act as secretary to each subject body. The secretary shall have no vote and shall not be deemed to be a member of the subject body for purposes of subsection (f) of this section.

(h) Consecutive Unexcused Absences. A member of any subject body shall be ineligible to continue his or her membership if at any time during his or her term of office he or she has the following number of consecutive unexcused absences. If a member has the following number of consecutive unexcused absences during his or her term of office, he or she shall be automatically disqualified from continuing membership on the subject body.

Number of Regular Meetings per Month	Number of Consecutive Unexcused Absences
Less than 2	2
2	3

As used in this subsection, “regular meeting” shall include all meetings regularly scheduled in accordance with the rules of the subject body; provided, however, that a meeting at which no business was transacted due to the lack of a quorum shall not be deemed to constitute a “regular meeting.” The secretary of the subject body shall review the attendance records of such body after each regular meeting, and if he or she finds that any member has become ineligible for continued membership due to lack of attendance pursuant to this subsection, he or she shall promptly notify the chairman of the subject body and the city clerk of such fact in writing. The city clerk shall advise the city council of such fact so that the vacancy may be filled promptly.

(i) Unexcused Absences During Six-Month Period. If a member of a subject body has the following number of unexcused absences during the first or last six months of a calendar year, he or she shall be automatically disqualified from continuing membership on the subject body:

Number of Regular Meetings of Subject Body per Month	Number of Unexcused Absences in Six-Month Period Triggering Disqualification
Less than 1	2
1	3
2 or more meetings	4

As used herein, “regular meeting” shall have the same meaning as specified in subsection (h) of this section. The secretary of the subject body shall review the attendance records of such body after each regular meeting, and if he or she finds that any member has become ineligible for continued membership due to lack of attendance pursuant to this subsection, he or she shall promptly notify the chairman of the subject body and the city clerk of such fact in writing. The city clerk shall advise the city council of such fact so that the vacancy may be filled promptly.

(j) The attendance of a member of a subject body at a meeting shall be determined by the chair of the subject body. If a member attends over three-quarters of the meeting, the chair of the subject body shall determine that he or she attended the meeting. If a member fails to attend over three-quarters of the meeting, the chair of the subject body shall determine that he or she was absent from the meeting.

(k) The absence of a member of a subject body from a regular meeting of such subject body shall be excused pursuant to this subsection. The chair of the subject body shall determine if an absence is excused pursuant to this chapter. If the chair determines that an absence is not excused, the absence will be treated as unexcused for purposes of this chapter. The secretary of the subject body shall record a member’s absence as excused or unexcused. An absence shall be considered excused if, and only if, the absence is caused by any of the following:

(1) The member’s hospitalization;

(2) The member’s observance of a religious holiday;

(3) Death in the member’s immediate family;

(4) The member’s illness, including recovery from a medical procedure;

(5) Illness of the member’s immediate family member; or

(6) The member conducting official business of the subject body.

(l) The secretary of the subject body shall report member attendance at the subject body for the first and last six months of a calendar year to the city clerk. The report shall include, for each member of the subject body, their name, number of excused absences in the six-month period, and number of unexcused absences in the six-month period.

(m) If a member of a subject body is removed therefrom for failure to comply with the attendance requirements of this chapter, such person may apply for reinstatement before the city council. After examining the evidence, the city council may reinstate such person as a member of the subject body. This subsection shall not be construed to require the city council to give any person who has been removed from a subject body for insufficient attendance any priority or preference in appointment to such body over other persons who may desire to be appointed to such body.

(n) When an office of a subject body becomes vacant, the mayor with the approval of the city council shall appoint a qualified person to such office for the remainder of the unexpired term.

(o) Each subject body shall, at its first regular meeting held for the transaction of business during a calendar year, elect a chairman and a vice-chairman for such calendar year. When a vacancy exists in the office of chairman or vice-chairman, the subject body shall elect a member to serve in such capacity for the remainder of the calendar year.

(p) Each subject body shall establish rules as to the time, place, and dates of its regular meetings, and shall adopt such rules and regulations as it deems necessary to conduct its operations, including rules of procedure. Such rules and regulations shall not be inconsistent with the ordinances and regulations of the city or with the laws of the state. Upon adoption or amendment, such rules and regulations shall be submitted to the city council for review, and the city council shall have the power to approve, disapprove, or modify them as it deems necessary.

(q) Each subject body shall prepare reports of its activities to the city council when the city council directs such subject body to do so. Each report shall be filed with the city clerk. (Ord. 974 § 2, 2-5-74; Ord. 1164 § 1, 4-12-77; Ord. 1184 § 1, 7-12-77; Ord. 1587 § 1, 2-21-84; Ord. 1741 §§ 1, 2, 9-16-86; Ord. 1749 §§ 1, 2, 10-28-86; Ord. 1809 § 1, 1-5-88; Ord. 1947 § 1, 12-4-90; Ord. 1911 § 1, 2-20-90; Ord. 2114 § 1, 3-7-95; Ord. 2134 § 1, 10-3-95; Ord. 2225 § 2, 3-4-97; Ord. 2274 § 1, 1-27-98; Ord. 2351 §§ 1 – 3, 9-7-99; Ord. 2421 § 1, 3-27-01; Ord. 2-2008 § 1, 2-12-08; Ord. 07-2024 § 2, 9-17-24; Ord. 08-2024 § 1, 10-1-24. 1990 Code § 2-3102.)

2.20.040 Appointment of citizen advisors.

(a) Any subject body, established by the city council, may establish and specify the functions, purposes and operating procedure of standing committees or subcommittees composed solely of its own membership.

(b) Subject to approval of the city council, any subject body, established by the city council, may establish citizens advisory committees, or expand the membership of its standing committees to include citizens advisors, to advise the subject body in the carrying out of its functions. Any proposal by any such subject body to establish or expand a committee as aforesaid shall be submitted in writing to the city council, and shall specify the advisory functions, rules of operation and number and type of membership proposed. The council shall approve, conditionally approve, or disapprove each such proposal.

(c) Appointment of citizen advisory members to such citizen advisory or standing committees which have been approved by the city council shall be made by the city council from a written list of nominees submitted by the subject body, which list shall contain a total number of names equal to or exceeding three times the number of positions to be filled and the resident address of each nominee. The qualifications of each nominee shall also be included in any such list of nominees.

(d) At least one member of the subject body shall be a member of any such standing committee approved by the city council. The membership of any citizen study committee may include a member or members of the subject body or may be exclusively composed of citizen members. Each such citizen study committee shall be dissolved by the subject body upon the completion of the study or studies assigned by the subject body, and may be dissolved prior thereto in its discretion. The membership of a citizen member of a standing committee shall terminate upon completion of the study or studies which caused his/her appointment or may be terminated prior thereto, in the discretion of the subject body. (Ord. 974 § 2, 2-5-74; amended during 2012 reformat. 1990 Code § 2-3103.)

2.20.050 City clerk to keep roster of members of subject body.

The city clerk shall maintain an accurate roster of the names of the members of all subject bodies. Inasmuch as the terms of office of the members of the subject bodies are staggered, the city clerk shall maintain accurate records as to the commencement date and the termination date of the term of office of each member. (Ord. 974 § 2, 2-5-74. 1990 Code § 2-3104.)

Article II. Emergency Organization and Functions

2.20.060 Purposes of article.

The declared purposes of this article are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. (Ord. 962 § 2, 10-2-73. 1990 Code § 2-3200.)

2.20.070 Definition.

As used in this article, “emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. 962 § 2, 10-2-73. 1990 Code § 2-3201.)

2.20.080 Disaster council – Composition – Appointment of members – Officers.

The city of Fremont disaster council is hereby created and shall consist of the following:

(a) The director of emergency services, who shall be chairman.

(b) The assistant director of emergency services, who shall be vice-chairman.

(c) Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this article.

(d) Such representatives of school, hospital, flood control, water, and sanitary districts, or other organizations having an official emergency responsibility, as may be appointed by the director. (Ord. 962 § 2, 10-2-73. 1990 Code § 2-3202.)

2.20.090 Disaster council – Powers and duties.

It shall be the duty of the city of Fremont disaster council, and it is hereby empowered, to develop and recommend for adoption by the city council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairman or, in his/her absence from the city or inability to call such meeting, upon the call of the vice-chairman. (Ord. 962 § 2, 10-2-73; amended during 2012 reformat. 1990 Code § 2-3203.)

2.20.100 Director and assistant director of emergency services – Office created – Appointment.

(a) There is hereby created the office of director of emergency services. The city manager shall be the director of emergency services.

(b) There is hereby created the office of assistant director of emergency services, who shall be appointed by the director. (Ord. 962 § 2, 10-2-73. 1990 Code § 2-3204.)

2.20.110 Director and assistant director of emergency services – Powers and duties.

(a) The director is hereby empowered to:

(1) Request the city council to proclaim the existence of a “local emergency” if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(2) Request the governor to proclaim a “state of emergency” when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency.

(3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this article.

(4) Direct cooperation between the coordination of services and staff of the emergency organization of this city, and resolve questions of authority and responsibility that may arise between them.

(5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(b) In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the governor or the director of the state office of emergency services, or the existence of a “state of war emergency,” the director is hereby empowered:

(1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;

(2) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;

(3) To require emergency services of any city officer or employee and, in the event of the proclamation of a “state of emergency” in the county in which this city is located or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

(4) To requisition necessary personnel or material of any city department or agency; and

(5) To execute all his/her ordinary power as city manager, all of the special powers conferred upon him/her by this article or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him/her by any statute, by any agreement approved by the city council, and by any other lawful authority.

(c) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. Such order of succession shall be approved by the city council.

(d) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city, and shall have such other powers and duties as may be assigned by the director. (Ord. 962 § 2, 10-2-73; amended during 2012 reformat. 1990 Code § 2-3205.)

2.20.120 Emergency organization.

All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.20.110(b)(3), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. (Ord. 962 § 2, 10-2-73. 1990 Code § 2-3206.)

2.20.130 Emergency plan.

The city of Fremont disaster council shall be responsible for the development of the city of Fremont emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency, and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Ord. 962 § 2, 10-2-73. 1990 Code § 2-3207.)

2.20.140 Expenditures.

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 962 § 2, 10-2-73. 1990 Code § 2-3208.)

2.20.150 Unlawful acts – Penalty.

It shall be a misdemeanor, punishable as provided by Section 1.15.020, for any person, during an emergency, to:

(a) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this article, or in the performance of any duty imposed upon him/her by virtue of this article;

(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this article, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof;

(c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 962 § 2, 10-2-73. 1990 Code § 2-3209.)

Article III. Department of Public Works (Reserved)

Article IV. Recreation Commission

2.20.160 Definitions.

The following words and phrases, when used in this article, shall, for the purpose of this article, have the meanings respectively ascribed to them in this section:

“Commission” means the Fremont recreation commission created by this article.

“Community recreation” means all public leisure resources that contribute to the physical, mental, moral development and the environment of the individual or group. These resources may include, but are not necessarily limited to, parks, harbors, museums, libraries, natural science centers, scenic and historical resources, airports, playgrounds, stadiums, golf courses, camps, swimming pools, community centers, and programs in the physical, intellectual, social, cultural, and nature fields. (Ord. 80 § 2-3400; Ord. 424 § 1. 1990 Code § 2-3400.)

2.20.170 Creation – Composition.

There is a Fremont recreation commission consisting of seven members. (Ord. 80 § 2-3401; Ord. 974 § 3, 2-5-74. 1990 Code § 2-3401.)

2.20.180 Meetings.

The recreation commission shall hold regular meetings at least once a month. (Ord. 80 § 2-3405; Ord. 974 § 5, 2-5-74. 1990 Code § 2-3405.)

2.20.190 Interpretation of recreation program.

The recreation commission shall interpret the community recreation program to public officials and to the general public in terms of needs and results, and toward the end that the program receives adequate moral and financial support from public and private sources. (Ord. 80 § 2-3407; Ord. 424 § 2; Ord. 769 § 1, 3-10-70. 1990 Code § 2-3407.)

2.20.200 Review of services of community recreation department.

The recreation commission shall review all general policies governing the services of the community recreation department, and shall act in an advisory capacity to the city council on all things relating to leisure resources as defined under “community recreation” in Section 2.20.160, for the determination of general policies to best carry out the purposes for which the department of community recreation is established. (Ord. 80 § 2-3408; Ord. 424 § 2. 1990 Code § 2-3408.)

2.20.210 Recommendation of general policy.

The recreation commission shall consider and recommend to the city council suggestions from any source outside the community recreation department involving matters of general policy. (Ord. 80 § 2-3409; Ord. 424 § 2. 1990 Code § 2-3409.)

2.20.220 Recommending capital improvement plans.

The recreation commission shall advise the city council and other appropriate public officials in the development of overall capital improvement plans for all public leisure resources as defined under “community recreation” in Section 2.20.160. (Ord. 80 § 2-3410; Ord. 424 § 2. 1990 Code § 2-3410.)

Article V. Human Relations Commission

2.20.230 Statement of policy.

(a) The public policy of the city of Fremont is to create an environment in which all individuals and groups within the city may live, learn, work and play in peace and harmony, and realize their highest potential unhampered by discrimination based upon any characteristic protected by federal, state or local law, civic interest, or any other factor.

(b) The city council finds that unlawful discrimination increases discord and unrest and poses a substantial threat to the health, safety and general welfare of the community.

(c) The city council further finds that many private and public social services can assist individuals and families in coping with adverse conditions of physical and mental health, economic conditions, and other circumstances which may interfere with the ability to lead productive and fulfilling lives. (Ord. 434 § 1; Ord. 1091 § 1, 2-10-75; Ord. 16-2007 § 2, 6-5-07; Ord. 03-2018 § 1, 3-6-18. 1990 Code § 2-3500.)

2.20.240 Creation – Composition – Appointment of members.

In order to further the public policy of the city, there is a city human relations commission consisting of nine members. To the extent feasible, the commission shall consist of people who represent the community’s broad diversity, including persons in groups protected from unlawful discrimination by federal, state or local law who have demonstrated an interest and concern for the city’s social issues and who are committed to fostering human relations within the city. (Ord. 434 § 1; Ord. 501 § 1; Ord. 974 § 7, 2-5-74; Ord. 2376 § 1, 1-25-00; Ord. 16-2007 § 3, 6-5-07; Ord. 03-2018 § 1, 3-6-18. 1990 Code § 2-3501.)

2.20.250 Functions and powers of commission.

In order to implement the policies set forth in Section 2.20.230, the functions and powers of the human relations commission shall be as follows:

(a) To study any problems of prejudice and discrimination in the community and the causes thereof.

(b) To work with other agencies, public and private, in developing programs to eliminate prejudice and discrimination.

(c) To initiate and encourage educational and other appropriate activities which tend to promote intergroup harmony, progress and integration.

(d) To foster mutual understanding and respect among the diverse groups of the community, and the improvement of interpersonal relations.

(e) To advise the city council on all problems of local intergroup relations and to submit reports to the city council as needed.

(f) To locate and anticipate potential areas of friction due to intergroup discrimination which might erupt into a breach of the peace and to consult and advise with the groups and public officials primarily involved.

(g) By persuasion and conference to seek to arrive at voluntary solutions designed to discourage and prevent any and all intergroup discrimination.

(h) To act in an advisory capacity to the city council in all matters relating to human services in the city of Fremont.

(i) Through voluntary means to encourage coordination of all human services, public and private, and to foster communication among the providers of human services to the residents of the city of Fremont.

(j) To work with other private and public agencies to ensure that adequate human services are being provided, and to strive to improve the quality of services.

(k) To perform such other functions and render such other reports and recommendations as may be directed by the city council. (Ord. 434 § 1; Ord. 501 § 3; Ord. 1091 § 1, 2-10-76; Ord. 16-2007 § 4, 6-5-07; Ord. 03-2018 § 1, 3-6-18. 1990 Code § 2-3509.)

Article VI. Planning Commission

2.20.260 Creation – Composition.

There is a city planning commission which shall consist of seven members. (Ord. 974 § 10, 2-5-74. 1990 Code § 2-3600.)

2.20.270 Mandatory powers and duties.

The planning commission shall have the power and shall be required to:

(a) Prepare and recommend to the council the adoption, amendment, extension, addition to, and maintenance of the general plan for physical development of the city as defined by the laws of the state.

(b) Exercise the control provided by this code over the subdivision of land within the city.

(c) Exercise the control provided by this code over the zoning plan and recommend or disapprove any proposed change in such plan.

(d) Prepare and recommend plans for the clearance and rehabilitation of slum or blighted areas within the city.

(e) Promote public interest in and understanding of the general plan and of planning, zoning, and rehabilitation of blighted or slum areas.

(f) Perform such other functions and duties as may be required by other ordinances of the city or by the laws of the state. (Ord. 974 § 10, 2-5-74. 1990 Code § 2-3601.)

2.20.280 Discretionary powers.

The planning commission shall have the power to:

(a) Prepare and recommend plans for the replanning, improvement, and development of any neighborhood.

(b) Prepare and recommend plans for the replanning, reconstruction, or redevelopment of any area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood, or other disaster.

(c) Prepare and recommend plans and procedures for the improvement of housing standards, adequate housing, and regulations relating to housing and building codes.

(d) In the performance of its functions, enter upon any land to make examinations and surveys. (Ord. 974 § 10, 2-5-74. 1990 Code § 2-3602.)

2.20.290 Zoning administrator – Appointment.

There is an office of zoning administrator. The city manager shall appoint the zoning administrator, who shall be either the director of community development or another person within the department of community development. (Ord. 974 § 10, 2-5-74. 1990 Code § 2-3603.)

2.20.300 Zoning administrator – Functions.

The zoning administrator shall have all the powers and shall perform all the functions vested in the office of zoning administrator by this code and by any ordinance of the city, and shall keep such records as are necessary and appropriate. (Ord. 974 § 10, 2-5-74. 1990 Code § 2-3604.)

2.20.310 Planning agency of city.

(a) Pursuant to Cal. Gov’t Code Title 7 (planning and zoning law) there is a planning agency of the city consisting of the city council, the planning commission, and such department as is or may be authorized and directed to assist the planning commission in the performance of its powers and duties. Such department shall be deemed to be a planning department for purposes of said Title 7.

(b) For purposes of the conformity findings required to be made pursuant to Cal. Gov’t Code §§ 65401, 65402 and 65403, the functions of the planning agency of the city shall be performed by the planning manager, his or her designee, or such other official designated by the city council or community development director. The planning manager, designee, or other designated official may refer an application for a conformity finding to the planning commission if she or he determines that consideration by the planning commission is warranted.

(c) The city council may, by resolution, delegate the functions of the planning agency of the city in a manner not in conflict with this code or state or federal law. (Ord. 974 § 10, 2-5-74; Ord. 23-2018 § 1, 10-2-18. 1990 Code § 2-3605.)

Article VII. Historical Architectural Review Board

2.20.320 Creation – Composition.

There is an historical architectural review board which shall consist of five members. (Ord. 974 § 10, 2-5-74; Ord. 1588 § 1, 2-28-84. 1990 Code § 2-3700.)

2.20.330 Powers and duties.

The powers and duties of the historical architectural review board shall be as prescribed in Title 18 (Zoning Ordinance). (Ord. 974 § 10, 2-5-74. 1990 Code § 2-3701.)

2.20.340 Ex officio members – Director of community development and building official.

The director of community development and the building official shall be nonvoting ex officio members of the historical architectural review board. They shall not be subject to the regulations prescribed in Section 2.20.030. (Ord. 974 § 10, 2-5-74. 1990 Code § 2-3702.)

2.20.350 Term limit.

Notwithstanding Section 2.20.030(c), the term limit for the historical architectural review board shall be three full terms. (Ord. 2-2008 § 2, 2-12-08. 1990 Code § 2-3703.)

Article VIII. Library Advisory Commission

2.20.360 Creation – Composition.

There is hereby established a Fremont library advisory commission which shall consist of nine members appointed by the mayor. One member shall be an individual nominated by the Friends of the Library and one member shall be an individual nominated by the Alameda County library advisory commission. All members, with the exception of the Alameda County library advisory commission representative, shall be Fremont residents and shall serve without compensation. (Ord. 1606 § 1, 4-17-84. 1990 Code § 2-3900.)

2.20.370 Secretary.

Notwithstanding Section 2.20.030(g), the Fremont main librarian shall act as secretary to the commission. The secretary shall have no vote and shall not be deemed to be a member of the commission for purposes of Section 2.20.030(e). (Ord. 1606 § 1, 4-17-84. 1990 Code § 2-3901.)

2.20.380 Functions of commission.

The functions of the library advisory commission shall be as follows:

(a) Study, report and make recommendations to the Fremont library staff, Fremont city council, and/or the Alameda County library advisory commission on library service in Fremont.

(b) Advise the librarian and Fremont city council on the development and construction of library facilities in Fremont.

(c) Study and support various means of financing library services in the Fremont libraries. (Ord. 1606 § 1, 4-17-84. 1990 Code § 2-3902.)

Article IX. Senior Citizens Commission

2.20.390 Statement of policy.

It is the policy of the city to create and maintain a social environment in which all senior citizens can live in an independent, healthful and productive manner. The city recognizes the role that older adults can play in finding meaningful and creative solutions to the problems of the elderly and values the contributions that they can make to the community at large. (Ord. 1394 § 1, 7-15-80; Ord. 2002 § 1, 4-28-92. 1990 Code § 2-31000.)

2.20.400 Creation – Composition – Appointment of members.

In order to further the public policy of the city, a senior citizens commission is created, consisting of 13 members. When making appointments to the commission, it shall be the policy of the city that the majority of the members be senior citizens (55 years of age or older) representing the various religious, ethnic, racial and economic groups within the community. (Ord. 1394 § 1, 7-15-80; Ord. 2002 § 1, 4-28-92. 1990 Code § 2-31001.)

2.20.410 Functions and powers.

The functions and powers of the senior citizens commission shall be as follows:

(a) To assess the needs of the aging community, the resources available to meet these needs, and where deficiencies exist;

(b) To work with various agencies, public and private, in developing programs to meet the assessed needs of older adults;

(c) To initiate and encourage educational and other appropriate activities which tend to promote an understanding of the needs and problems of the elderly and the aging process;

(d) To act in an advisory capacity to the city council in all matters relating to senior citizen services both for frail homebound elders and for well elders;

(e) To monitor legislative developments concerning senior citizens;

(f) To encourage coordination of all senior services through voluntary means, public and private, and to foster communication among the providers of senior citizen services to the residents of the city;

(g) To work with other private and public agencies to ensure the provision of adequate senior citizen services and to strive to improve the quality of services;

(h) To act as liaison with other public agencies to explore funding sources for senior citizen programs;

(i) To make recommendations to the city council on the allocation of city funding for senior services in the city;

(j) To work cooperatively with other senior citizen organizations in the community to establish the Fremont senior center(s) as focal points for senior services;

(k) To perform such other functions and render such reports and recommendations as may be directed by the city council. (Ord. 1394 § 1, 7-15-80; Ord. 2002 § 1, 4-28-92. 1990 Code § 2-31002.)

2.20.420 Facilities subcommittee.

(a) A senior center facilities subcommittee, created of senior citizens, shall serve to advise the senior citizen commission in setting policies concerning the operation of the city’s multiservice senior center(s).

(b) The facilities subcommittee, consisting of no more than six members, shall be appointed by the chair of the commission with the approval of a majority of the commission for such term as is deemed appropriate by the commission. Rules and regulations governing the term of office for subcommittee members, meeting attendance requirements and other procedural matters will be adopted by the senior commission and approved by the city council.

(1) Regularly visit and participate in the activities of the senior center facilities;

(2) Serve in an advisory role to the senior center administrator in developing programs and carrying out activities and maintenance of the senior center(s); and

(3) Provide to the commission policy recommendations requiring city council action. (Ord. 2002 § 1, 4-28-92. 1990 Code § 2-31003.)

Article X. Economic Development Advisory Commission

2.20.430 Creation and composition.

An economic development advisory commission is established and shall consist of the following members: five members at large; three members representing industrial or commercial interests; the president of the chamber of commerce, or other designee of the chamber; and the city manager or designee of the city manager (as an ex officio nonvoting member). (Ord. 1960 § 2, 2-19-91; Ord. 2036 § 1, 7-13-93; Ord. 2189 § 1, 7-23-96; Ord. 2397 § 1, 9-5-00. 1990 Code § 2-31200.)

2.20.440 Exceptions to uniform regulations.

Unless specified otherwise herein, the commission shall be subject to the uniform regulations for council-established city boards, commissions and committees set forth in Article I of this chapter. (Ord. 1960 § 2, 2-19-91. 1990 Code § 2-31201.)

2.20.450 Residency.

Members of the commission need not be residents of Fremont. (Ord. 1960 § 2, 2-19-91. 1990 Code § 2-31202.)

2.20.460 Proxy members.

Members of the commission may designate proxy members from their own representative category to attend commission meetings in their absence. Attendance of a proxy at a commission meeting shall constitute attendance of the appointing member for the purpose of applying the attendance/eligibility rules set out in Section 2.20.030(h) through (k). (Ord. 2397 § 2, 9-5-00. 1990 Code § 2-31202.1.)

2.20.470 Meeting schedule.

The commission shall meet bimonthly and its rules shall so provide. (Ord. 2397 § 3, 9-5-00. 1990 Code § 2-31202.2.)

2.20.480 Duties and responsibilities.

The commission shall act in an advisory capacity to the city council to actively promote the location of commercial and industrial firms in Fremont, expand economic opportunities and ensure a viable financial base for the city. The initial duty of the commission shall be to examine the need for industrial and commercial development promotional programs, to establish a strategy for addressing identified needs, and to recommend this strategy to the city council. (Ord. 1960 § 2, 2-19-91. 1990 Code § 2-31203.)

Article XI. Environmental Sustainability Commission

2.20.490 Creation and composition.

An environmental sustainability commission is established and shall consist of seven members. To the extent feasible, the commission shall include representatives from the following sectors of the community:

(a) One representative of the Fremont business community;

(b) One representative from an environmental organization;

(d) One non-elected employee representative from the Fremont Unified School District;

(e) One representative from the development/construction industry;

(f) Two representatives from the public at large. (Ord. 3-2013 § 1, 2-5-13; Ord. 22-2017 § 1, 12-12-17.)

2.20.500 Meetings.

The environmental sustainability commission shall meet quarterly. (Ord. 3-2013 § 1, 2-5-13.)

2.20.510 Duties and responsibilities.

The commission shall act in an advisory capacity to the city council and shall have the following duties and responsibilities, functions, and objectives:

(a) Advise the city council on emerging policy issues related to environmental sustainability.

(b) Advise the city council on updates to the climate action plan, and receive periodic progress reports from staff on meeting climate action goals.

(d) Assist the city with marketing, public education, outreach, and promotion activities in order to stimulate the greatest possible participation in sustainability efforts.

(e) Provide a forum to receive public comment on environmental sustainability.

(f) At the request of the city council, the environmental sustainability commission may perform other advisory functions not noted above. (Ord. 3-2013 § 1, 2-5-13.)

Article XII. Youth Advisory Commission

2.20.520 Statement of policy.

The public policy of the city of Fremont is to promote and foster the exchange of ideas, concerns, and issues between the city council and members of the teenage population of Fremont. (Ord. 1894 § 1, 11-7-89. 1990 Code § 2-31500.)

2.20.530 Creation of youth advisory commission.

In order to further the public policy of the city, there is hereby established the youth advisory commission of the city, which reports to the recreation commission, consisting of 13 members. (Ord. 1894 § 1, 11-7-89; Ord. 1953 § 1, 1-15-91. 1990 Code § 2-31501.)

2.20.540 Term of office.

Notwithstanding Section 2.20.030(f), the term of office of the members of the youth advisory commission shall be two years. (Ord. 1894 § 1, 11-7-89. 1990 Code § 2-31502.)

Editor’s Note: Section 2 of Ord. No. 1894 reads as follows:

“Notwithstanding Section 2-31502 (as set forth in Section 1 of this ordinance), the initial term of one-half (1/2) of the total membership of the Youth Advisory Commission, i.e., for twelve (12) members, shall be one (1) year. The individual initial appointments which are to be for a one-year term shall be determined by lot at the first meeting of the commission, or as determined by the Mayor.”

2.20.545 Term limit.

Notwithstanding Section 2.20.030(c), the term limit for the youth advisory commission shall be three full terms. (Ord. 8-2014 § 1, 3-4-14.)

2.20.550 Function and powers of commission.

(a) The function and powers of the youth advisory commission shall be as follows:

(1) Explore and identify issues and concerns of special importance to teens and communicate those issues to the city council.

(2) To work with other agencies, public and private, in developing and prioritizing programs to assist and inform teens.

(3) To foster mutual understanding, respect and communication among all racial, religious and nationality teen groups.

(4) To encourage teen leadership and responsibility through involvement.

(5) To create a forum for the purpose of encouraging public discussion of teen issues, such as but not limited to meetings, workshops and conferences.

(6) To submit reports to the recreation commission as considered necessary by the commission in order to keep the recreation commission fully informed as to its activities.

(b) Nothing in subsection (a) of this section shall be interpreted as purporting to authorize the commission to exercise any power denied to cities by state law, or to enter into activities in any field preempted by state law and in which no authority has been delegated to cities. (Ord. 1894 § 1, 11-7-89. 1990 Code § 2-31503.)

Article XIII. The George W. Patterson House Advisory Board

2.20.560 Creation – Composition.

(a) There is a George W. Patterson House advisory board, which shall consist of nine members, as follows:

(1) Public at large: Three members.

(2) Recreation commission: One member.

(3) East Bay regional park district: One member.

(4) Mission Peak heritage foundation: Two members.

(5) Washington Township historical society: Two members.

(b) In addition, for each of the said (regular) members, an alternate member may be appointed to act in the absence of the regular member. All members shall be appointed by the mayor, subject to confirmation by the city council. (Ord. 2225 § 4, 3-4-97. 1990 Code § 2-31600.)

2.20.570 Powers and duties.

The board shall oversee the general building maintenance, restoration, interpretative function and management of the Patterson House, and to procure funds for its restoration, maintenance and management. (Ord. 2225 § 4, 3-4-97. 1990 Code § 2-31601.)

2.20.580 Appointments.

A member of the Patterson family shall be appointed to the board as an ad hoc, nonvoting member. (Ord. 2225 § 4, 3-4-97. 1990 Code § 2-31602.)

Article XIV. Art Review Board

2.20.590 Creation and composition.

There is an art review board consisting of five members. Not less than three of the board members will be experienced visual and/or performing artists, architects, art educators, art scholars or art collectors whose expertise and skills are known and respected in the community. Up to two of the board members may be lay persons who have an interest in public art. Board members must also be knowledgeable about contemporary visual art, particularly public art, and capable of engaging effectively in a jury process. (Ord. 2225 § 5, 3-4-97; Ord. 25-2016 § 1, 12-6-16. 1990 Code § 2-31700.)

2.20.600 Duties and responsibilities – Board representative.

(a) The art review board will advise the city in artistic matters and selection of art in public places. The board shall operate in accordance with the art in public places program policy, adopted and revised from time to time by city council resolution, unless otherwise provided in this code, and shall periodically review the policy. The board shall:

(1) Advise and assist the city in obtaining financial assistance from private, corporate, and governmental sources for art in public places.

(2) Review installations of artwork in public places and advise as to its maintenance.

(3) Advise and assist private property owners who desire advice on art in public view.

(b) Board Representative. The members of the art review board shall annually appoint a board member and an alternate board member to serve as the art board representative. The board representative will be available to meet with development review staff and private developers in providing advice and assistance, when requested. (Ord. 2225 § 5, 3-4-97; Ord. 8-2012 § 1, 5-1-12; Ord. 25-2016 § 1, 12-6-16. 1990 Code § 2-31701.)

2.20.610 Terms.

The term of the member shall be four years. (Ord. 2225 § 5, 3-4-97; Ord. 25-2016 § 1, 12-6-16. 1990 Code § 2-31702.)

2.20.620 Term limit.

Notwithstanding Section 2.20.030(c), the term limit for the art review board shall be three full terms. (Ord. 18-2014 § 1, 5-20-14; Ord. 25-2016 § 1, 12-6-16.)

Article XV. Rent Review Board

2.20.630 Creation and composition.

The rent review board is hereby created consisting of five regular members and one alternate. Two members shall be landlord representatives who own rental units in the city of Fremont, two members shall be tenant representatives who are residents of the city of Fremont, and one member and one alternate shall be a neutral third party who is a resident of the city of Fremont and is neither a landlord nor a tenant. The alternate will only serve in the absence of the regular neutral member. (Ord. 13-2017 § 2, 10-3-17.)

2.20.640 Duties and responsibilities.

The rent review board will evaluate the reasonableness of proposed rent increases at the request of either a landlord or tenant pursuant to the rent review program set forth in Chapter 9.60. (Ord. 13-2017 § 2, 10-3-17.)

2.20.650 Terms.

Notwithstanding Section 2.20.030(c), for members appointed in January of 2018, the terms of one tenant representative and one landlord representative shall be two years so that the appointment of members can be staggered. The member serving a two-year term will be eligible to be re-appointed to serve two full terms. The selection of the representatives who will be limited to two-year terms will be determined by lot. The terms of all other members shall be four years. There is no term limit for the alternate member. (Ord. 13-2017 § 2, 10-3-17; Ord. 05-2019 § 6, 4-16-19.)

2.20.660 Quorum.

No meeting of the board shall occur unless there are three members present with one person from each of the required representation categories in attendance. (Ord. 13-2017 § 2, 10-3-17.)

Article XVI. Mobility Commission

2.20.670 Creation.

A mobility commission is established and shall be added to the list of commissions established by city council in Section 2.20.020. The uniform regulations for council-established city boards, commissions and committees contained in Article I of this chapter apply to the mobility commission unless otherwise provided in this article. (Ord. 09-2019 § 1, 10-15-19.)

2.20.680 Composition.

The mobility commission shall consist of nine members. To the extent feasible, the commission shall include representatives with expertise and leadership interests related to various travel modes including people who walk (two representatives), bicycle (two representatives), use transit (two representatives), drive (two representatives), and persons with mobility impairments (one representative). Consideration should also be given to having the commission reflect the diversity of the Fremont community relative to geographic location, gender, age and ethnicity. (Ord. 09-2019 § 1, 10-15-19.)

2.20.690 Meetings.

The mobility commission shall meet quarterly. A subgroup of the commission may convene additional working group meetings and may rely on community groups to work on focused topics of interest related to special projects and programs. The city council and mobility commission shall meet annually in a work session with city staff to review accomplishments, discuss issues and establish a mobility commission work plan for the following year. (Ord. 09-2019 § 1, 10-15-19.)

2.20.700 Duties and responsibilities.

The mobility commission shall act in an advisory capacity to the city council and shall have the following duties and responsibilities, functions, and objectives:

(a) Assist the city with the implementation of actions included in adopted transportation plans, including the mobility action plan and other plans related to traffic safety, traffic congestion management, school access, walking, bicycling, new technologies, and regional transportation.

(b) Help advocate for Fremont’s transportation interests with regional agencies, including support for transportation funding.

(c) Assist the city with public education, outreach, and promotional activities in order to stimulate the greatest possible community participation in efforts such as safe routes to schools, traffic safety education, and use of alternative transportation modes.

(d) Assist with city applications for grant funding from the State Transportation Development Act (TDA3) program for pedestrian and bicycle facilities.

(e) Provide input on the preparation of new and updated transportation policies, plans and projects.

(f) Provide a forum to receive public comment on mobility topics.

(g) At the request of the city council, the mobility commission may perform other advisory functions not noted above. (Ord. 09-2019 § 1, 10-15-19.)

2.20.710 Terms.

The term of the mobility commission members shall be four years. The terms shall be staggered such that four of the commissioner’s terms will conclude on December 31st of the second year and five will conclude on December 31st of the fourth year. If a commissioner does not complete a full term, a new commissioner may be appointed for the duration of that term. (Ord. 09-2019 § 1, 10-15-19.)

2.20.720 Term limit.

No person shall be eligible to serve as a member of the mobility commission for more than two full terms. (Ord. 09-2019 § 1, 10-15-19.)

Article XVII. Building Appeals Board

2.20.730 Creation and membership.

(a) The building appeals board is established and shall consist of three members appointed by the mayor with the approval of the city council.

(b) Members of the building appeals board need not be Fremont residents and shall serve without compensation.

(c) The building official or his or her designee shall act as secretary to the board. When an appeal is heard regarding only Chapter 15.35, the fire chief or his or her designee shall be the secretary. The secretary shall have no vote and shall not be deemed to be a member of the board. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)

2.20.740 Qualifications.

Members of the board shall be persons who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city of Fremont. The city council shall endeavor to appoint persons who are knowledgeable in the construction or design of buildings and who are familiar with the content and application of the building standards codes. A member may not have any interest in the property which is the subject of the appeal to the board. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)

2.20.750 Powers and duties.

It shall be the function of the building appeals board to hear and decide appeals from orders, decisions or determinations made by the building official, or his or her designee, regarding the application and interpretation of housing laws set forth in California Health and Safety Code, the Fremont Municipal Code Title 15, except for Chapter 15.45, and all decisions by the fire chief and/or fire marshal, or their designee, regarding the application and interpretation of the Fremont fire code, Chapter 15.35. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)

2.20.760 Limitations.

The board shall have no authority to waive requirements of the Fremont Municipal Code. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)

2.20.770 Meetings.

The board shall meet only as needed when an appeal is filed pursuant to this article. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)

2.20.780 Appeal procedures.

(a) An applicant for a post-entitlement phase permit (as defined in Cal. Health & Safety Code § 65913.3) may appeal a decision determining the permit to be incomplete, noncompliant or denied to the building appeals board. Any person, firm, or corporation adversely affected by any orders, decisions, and determinations made by the building official, the fire chief or fire marshal, or their designees in interpreting, administering or enforcing any provision of Title 15, except for Chapter 15.45, or any rule or regulation adopted by the California Department of Housing and Community Development, may appeal the order, decision and/or determination to the building appeals board.

(b) An application for appeal shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the city council. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. Only matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

(c) The application for appeal shall be filed with the chief building official no later than 10 days after receipt of written notice of the determination. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the building appeals board and a failure to exhaust administrative remedies.

(d) Within 30 days of receiving an appeal, the chief building official shall schedule a hearing before the building appeals board. Appellant shall be given at least 10 days’ written notice of the date and time of the hearing. Notice of the hearing shall be served personally or by first-class mail addressed to the appellant at the address shown on the appeal and shall be deemed complete at the time notice is personally served or deposited in the mail. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)

2.20.790 Waiver.

Failure of the appellant to appear at the hearing after notice has been provided as stated in this article, shall be deemed a waiver of the hearing and an admission that the determination being appealed is correct. In the event of such failure to appear, the city may move forward with enforcement of the determination. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)

2.20.800 Conduct of the appeal hearing.

(a) The board shall exercise its powers in such a manner that substantial justice is done most nearly in accord with the intent of and purpose of this code.

(b) Hearings shall be open to the public, recording minutes of its proceedings, and providing copies of the minutes for inspection as a public record.

(c) At the hearing, the parties shall be given an opportunity to be heard and have the right to call and examine witnesses on any matter relevant to the issues of the hearing, to introduce documentary and physical evidence, to cross-examine witnesses on any matter relevant to the issues of the hearing, and to be represented by any person who is lawfully permitted to so represent.

(d) Any relevant evidence shall be admitted if it is of the type of evidence that responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the formal rules of evidence. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.

(e) The hearing may be continued if necessary. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)

2.20.810 Statement of decision.

(a) The decision of the board shall be determined by the majority of the board. The board shall affirm, modify or set aside the determination that is appealed and shall prepare a written statement of decision. The statement of decision shall be based on the evidence received, shall be final and conclusive and shall contain a statement of decision relevant to the issues. The statement of decision shall set forth the time within which the parties shall carry out their obligations if applicable.

(b) The statement of decision shall be completed and mailed to the parties no later than 30 calendar days after close of the hearing and shall notify the appellant that superior court review shall be commenced no later than 90 calendar days after the board mails the statement of decision first class, postage prepaid, with a proof of service to the parties.

(c) The statement of decision shall be served in the same manner as the notice for the hearing. The secretary shall provide a copy of the report to the administrative office whose determination was appealed and shall maintain a copy in the board’s records.

(d) The secretary shall compile the full record of the hearing under this article, including all exhibits and documents offered as evidence, whether or not admitted, and an audio recording of the proceeding. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)

2.20.820 Appeal of the statement of decision.

Any appeal of the board’s statement of decision must be filed with a court of competent jurisdiction pursuant to Cal. Code of Civ. Proc. §§ 1094.5 and 1094.6 within 90 calendar days of the service of the decision; otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the decision of the board. (Ord. 07-2024 § 3, 9-17-24; Ord. 08-2024 § 2, 10-1-24.)