Chapter 2.05
CITY COUNCIL AND MAYOR

Sections:

2.05.010    Time of regular meetings of council – Council recesses.

2.05.020    Reserved.

2.05.030    Place of council meetings.

2.05.040    Place of regularly scheduled study sessions.

2.05.050    Special meetings of council.

2.05.060    Compensation of mayor and councilmembers.

2.05.070    Reimbursement.

2.05.080    General municipal election date to fill city council offices.

2.05.090    Filling council vacancies.

2.05.100    Term limits.

2.05.110    Term of office for mayor and councilmembers.

2.05.120    By-district electoral system for six city councilmembers.

2.05.130    Establishment of city council electoral districts.

2.05.140    Election schedule for councilmembers elected by district.

2.05.010 Time of regular meetings of council – Council recesses.

The regular meetings of the city council shall be held on the first three Tuesdays of each month at 7:00 p.m.; provided, that when any such regular meeting time falls on a public holiday, no regular meeting shall be held on that day, but shall be held on the next business day as specified by the city council to be held as an adjourned regular meeting prior to the next regular meeting. The council shall be in recess for the first, second, third and fourth Tuesdays in August, and the fourth Tuesday in December. (Ord. 44 § 1a; Ord. 120 § 1; Ord. 341 § 1; Ord. 357 § 1; Ord. 1605 § 1, 4-10-84; Ord. 2029 § 1, 4-20-93; Ord. 2227 § 1, 3-11-97; Ord. 9-2011 § 1, 7-12-11; Ord. 10-2017 § 1, 6-13-17. 1990 Code § 2-1100.)

2.05.020 Reserved.

Repealed by Ord. 10-2017. (Ord. 2330 § 1, 4-27-99; Ord. 2332 § 1, 5-18-99; Ord. 2373 § 1, 1-11-00; Ord. 2385 § 1, 6-13-00; Ord. 9-2011 § 2, 7-12-11. 1990 Code § 2-1100.1.)

2.05.030 Place of council meetings.

All regular meetings of the council shall be held in the city council chamber in the Fremont City Hall, 3300 Capitol Avenue, Fremont, California. (Ord. 44 § 1b; Ord. 341 § 1; Ord. 690 § 1; Ord. 2475 § 1, 7-9-02; Ord. 10-2017 § 1, 6-13-17. 1990 Code § 2-1101.)

2.05.040 Place of regularly scheduled study sessions.

Regularly scheduled study sessions shall be held in the city council chamber in the Fremont City Hall, 3300 Capitol Avenue, Fremont, California. (Ord. 2330 § 2, 4-27-99; Ord. 2385 § 2, 6-13-00; Ord. 2475 § 2, 7-9-02; Ord. 10-2017 § 1, 6-13-17. 1990 Code § 2-1101.1.)

2.05.050 Special meetings of council.

At any time, four city councilmembers, or the mayor, or in his/her absence from the city or his/her disability, the mayor pro tempore, may call a special meeting by delivering written notice to each councilmember and to each local newspaper of general circulation, radio or television station requesting notice in writing and posting a notice on the city’s website. Such notice must be delivered personally or by any other means at least 24 hours before the time of such meeting as specified in the notice. Each councilmember shall at all times have on file with the city clerk an address to which such notices may be mailed in compliance herewith. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the council. Written notice may be dispensed with as to any councilmember who at or prior to the time the meeting convenes files with the city clerk a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. All special meetings shall be held at the same place as provided in this chapter for the holding of regular meetings of the council and at such hour as is designated in the notice and call. (Ord. 44 § 2; Ord. 341 § 1; amended during 2012 reformat; Ord. 10-2017 § 1, 6-13-17. 1990 Code § 2-1102.)

2.05.060 Compensation of mayor and councilmembers.

(a)    Each member of the council other than the mayor shall receive a salary of $2,247.93 per month.

(b)    The mayor shall receive a salary of $3,993.78 per month.

(c)    Compensation increases shall be reviewed during each budget cycle and increases shall be considered commensurate with the Consumer Price Index – All Urban Consumers, San Francisco-Oakland-San Jose in an amount not to exceed four percent. Any increase to the councilmembers’ salaries shall become effective only upon commencement of a new council term of office following adoption of an ordinance authorizing the increase. Any increase to the mayor’s additional compensation (the amount that exceeds the councilmembers’ salary amount) shall become effective as set forth in the ordinance adopting the increase. (Ord. 676 § 3; Ord. 1729 § 1, 6-8-86; Ord. 2192 § 1, 9-3-96; Ord. 2215 §§ 1, 2, 1-14-97; Ord. 2241 § 1, 5-20-97; Ord. 2245 § 1, 6-17-97; Ord. 2434 § 1, 11-5-02; Ord. 3-2012 § 1, 3-20-12; Ord. 31-2014 § 1, 10-14-14; Ord. 29-2016 § 1, 12-6-16; Ord. 10-2017 § 1, 6-13-17; Ord. 17-2018 § 1, 7-3-18. 1990 Code § 2-1103.)

2.05.070 Reimbursement.

The salaries prescribed for councilmembers in Section 2.05.060 are and shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him/her in the performance of official duties for the city. (Ord. 676 § 3; amended during 2012 reformat; Ord. 10-2017 § 1, 6-13-17. 1990 Code § 2-1104.)

2.05.080 General municipal election date to fill city council offices.

Pursuant to Cal. Gov’t Code § 36503, the general municipal election of the city of Fremont shall be held on the same day as the statewide general election, as set forth in Cal. Elec. Code § 1301. (Ord. 1500 § 2, 4-27-82; Ord. 1977 § 2(a), 8-13-91; Ord. 10-2017 § 1, 6-13-17. 1990 Code § 2-1105.)

    Editor’s Note: Section 2.05.080 was originally adopted by Ord. No. 1500 following an advisory vote of the voters of the city of Fremont in April 1982, changing the general municipal election date from April in even-numbered years to November in odd-numbered years (the first election under this provision was held in November 1983, and the last in November 1991). Section 2.05.080 was amended by Ord. No. 1977, subject to the approval of and subsequently approved by the voters of the city of Fremont in November 1991, voting on a binding nonadvisory measure, changing the general municipal election date from November in odd-numbered years to same day as the statewide general election which, pursuant to Cal. Elec. Code § 1301, is held on the first Tuesday after the first Monday in November in each even-numbered year (the first election under this provision was set for November 1994). Ord. No. 1977 set forth numerous findings in support of changing the date of the general municipal election to the same day as the statewide general election, including the larger number of voters participating in consolidated elections for national, state, regional and local agency candidates and measures; the cost benefits of consolidated elections; and the general benefits of consolidating the general municipal election with the governing board elections of several other local agencies with the same or substantially the same electorate (in 1991, this included the Alameda County water district, Fremont unified school district, Fremont-Newark (Ohlone) community college district, and the Washington Township hospital district).

2.05.090 Filling council vacancies.

(a)    If a vacancy occurs in an office of councilmember, the city council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. If the council fills the vacancy by appointment, the person appointed shall reside in the council district where the vacancy occurred and hold office as set forth in Cal. Gov’t Code § 36512(b)(2).

(b)    If the vacancy in an office of councilmember is due to resignation, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor subject to the limitations set forth in Cal. Gov’t Code § 36512(e).

(c)    If a vacancy occurs in the office of the mayor, the council shall fill the vacancy by appointment in accordance with Cal. Gov’t Code § 34902. If the council fails to fill it within 60 days, it shall call an election to fill the vacancy to be held on the next established election date to be held not less than 114 days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent.

(d)    If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy shall reside in the council district where the vacancy occurred and hold office for the unexpired term of the former incumbent. (Ord. 1992 § 1, 1-14-92; Ord. 2037 § 1, 7-13-93; Ord. 1-2013 § 5, 2013; Ord. 10-2017 § 1, 6-13-17. 1990 Code § 2-1106.)

2.05.100 Term limits.

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

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

(c)    The disqualifications imposed by this section shall not prevent a person who is disqualified from serving as mayor from serving as a councilmember or a person who is disqualified from serving as a councilmember from serving as mayor. However, any person who has served terms comprising 16 consecutive years in the offices of mayor and councilmember shall be disqualified from further service in either office until he or she has a break in service from both offices of at least four years.

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

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

(f)    In computing the number of years served, full, four-year terms shall count as four years of service even though the period encompassed by such terms may not be exactly four years in duration. (Ord. 2210 § 1, 12-3-96; Ord. 2387 § 1, 6-27-00; Ord. 10-2017 § 1, 6-13-17. 1990 Code § 2-1107.)

2.05.110 Term of office for mayor and councilmembers.

The term of office for the mayor and each councilmember shall be four years. (Ord. 2387 § 2, 6-27-00; Ord. 10-2017 § 1, 6-13-17. 1990 Code § 2-1108.)

2.05.120 By-district electoral system for six city councilmembers.

(a)    Pursuant to Cal. Gov’t Code §§ 34886 and 34871(c), councilmembers shall be elected by districts in six single-member districts. The mayor will be separately elected by a citywide vote.

(1)    Beginning with the general municipal election in November 2018, councilmembers shall be elected in the electoral districts established by Section 2.05.130 and as subsequently reapportioned as provided by state law. Elections shall take place on a by-district basis as that term is defined in Cal. Gov’t Code § 34871; meaning one member of the city council shall be elected from each district, by the voters of that district alone, except for the mayor, who shall be elected citywide. In accordance with Section 2.05.110, and except as provided in Section 2.05.140(b), each councilmember, including the mayor, shall serve a four-year term until his or her successor has qualified.

(2)    Except as provided in subsection (a)(3) of this section, the councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to Cal. Gov’t Code § 34882 and Cal. Elec. Code § 10227. Termination of residency in a district by a councilmember shall create an immediate vacancy for that council district unless a substitute residence within the district is established within 30 days after the termination of residency.

(3)    Notwithstanding any other provision of this section, the councilmembers in office at the time this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. Notwithstanding Section 2.05.090, vacancies in councilmember offices elected at large may be filled from the city at large. At the end of the term of each councilmember, that member’s successor shall be elected on a by-district basis in the districts established in Section 2.05.130 and as provided in Section 2.05.140. A vacancy in a councilmember office elected by district shall be filled by a person qualified to hold the office, who is a resident of the district. (Ord. 10-2017 § 1, 6-13-17.)

2.05.130 Establishment of city council electoral districts.

(a)    Subject to Section 2.05.120(a)(3), councilmembers shall be elected on a “by-district” basis from the council districts described as follows:

(1)    District 1. All of the lands, within the city of Fremont, lying northwesterly of California State Highway 84, also known as Decoto Road.

(2)    District 2. All that portion of the city of Fremont lying within the following boundary, described as follows:

Beginning at the intersection of California State Highway 84, also known as Decoto Road, and Interstate 880, said point being the north most corner in the city of Newark boundary; thence northeasterly along Decoto Road to the intersection with Alameda Creek, said creek being the boundary between Fremont and Union City; thence northeasterly along said boundary to the intersection with the Union Pacific Railroad; thence southeasterly along said line to Alameda Creek; thence southwesterly along said creek to the projection of Appletree Court; thence southerly along Appletree Court to the intersection with Riverwalk Drive; thence southwesterly along Riverwalk Drive to the intersection with Paseo Padre Parkway; thence southerly along Paseo Padre Parkway to the intersection with Highway 84, also known as Peralta Boulevard; thence southwesterly along Peralta Boulevard to the intersection with Parish Avenue; thence southwesterly along Parish Avenue to the intersection with Fremont Boulevard; thence southeasterly along Fremont Boulevard to the intersection with Eggers Drive; thence southwesterly along Eggers Drive to the intersection with Logan Drive; thence southeasterly along Logan Drive to the intersection with Richmond Avenue; thence southwesterly along Richmond Avenue to the intersection with Blacow Road; thence southeasterly along Blacow Road to the intersection with Mowry Avenue; thence southwesterly along Mowry Avenue to the intersection with Interstate 880; thence northwesterly along Interstate 880 to the point of beginning.

(3)    District 3. All that portion of the city of Fremont lying within the following boundary, described as follows:

Beginning at the most easterly corner in the boundary of the city of Newark, said point being in the intersection of Stevenson Boulevard and Interstate 880; thence northeasterly along Stevenson Boulevard to the intersection with Paseo Padre Parkway; thence northwesterly along Paseo Padre Parkway to the intersection with Walnut Avenue; thence northeasterly along Walnut Avenue to the intersection with Civic Center Drive; thence northwesterly along Civic Center Drive to the intersection with Mowry Avenue; thence northeasterly along Mowry Avenue to the intersection with State Highway 238, also known as Mission Boulevard; thence northwesterly along Mission Boulevard to the intersection with the Union Pacific Railroad; thence southeasterly along the Union Pacific Railroad line to the intersection with Alameda Creek; thence southwesterly along said creek to the projection of Appletree Court; thence southerly along Appletree Court to the intersection with Riverwalk Drive; thence southwesterly along Riverwalk Drive to the intersection with Paseo Padre Parkway; thence southerly along Paseo Padre Parkway to the intersection with Highway 84, also known as Peralta Boulevard; thence southwesterly along Peralta Boulevard to the intersection with Parish Avenue; thence southwesterly along Parish Avenue to the intersection with Fremont Boulevard; thence southeasterly along Fremont Boulevard to the intersection with Eggers Drive; thence southwesterly along Eggers Drive to the intersection with Logan Drive; thence southeasterly along Logan Drive to the intersection with Richmond Avenue; thence southwesterly along Richmond Avenue to the intersection with Blacow Road; thence southeasterly along Blacow Road to the intersection with Mowry Avenue; thence southwesterly along Mowry Avenue to the intersection with Interstate 880; thence southeasterly along interstate 880 to the point of beginning.

(4)    District 4. All that portion of the city of Fremont lying northerly and easterly of the following described line:

Beginning at the intersection of Interstate 680 with the northeasterly boundary of the city of Fremont; thence southwesterly to the intersection with Washington Boulevard; thence westerly along Washington Boulevard to the intersection with Driscoll Road; thence northeasterly along Driscoll Road to the intersection with Paseo Padre Parkway; thence northwesterly along Paseo Padre Parkway to the intersection with Walnut Avenue; thence northeasterly along Walnut Avenue to the intersection with Civic Center Drive; thence northwesterly along Civic Center Drive to the intersection with Mowry Avenue; thence northeasterly along Mowry Avenue to the intersection with State Highway 238, also known as Mission Boulevard; thence northwesterly along Mission Boulevard to the intersection with the Union Pacific Railroad; thence southwesterly and northwesterly along said railroad line to the intersection with the city of Fremont Boundary.

Excepting therefrom Districts 2 and 5, as described in this document.

(5)    District 5. All that portion of the city of Fremont lying southerly of the following described line:

Beginning at the most easterly corner in the boundary of the city of Newark, said point being the intersection of Stevenson Boulevard and Interstate 880; thence southeasterly along Interstate 880 to the intersection with Auto Mall Parkway; thence northeasterly along Auto Mall Parkway to the intersection with Interstate 680; thence northeasterly along Interstate 680 to the intersection with the city of Fremont boundary.

(6)    District 6. All that portion of the city of Fremont lying within the following boundary, described as follows:

Beginning at the intersection of Washington Boulevard and Interstate 680; thence southerly along Interstate 680 to the intersection with Auto Mall Parkway; thence southwesterly along Auto Mall Parkway to the intersection with Interstate 880 thence northwesterly along Interstate 880 to the intersection with Stevenson Boulevard; thence northeasterly along Stevenson Boulevard to the intersection with Paseo Padre Parkway; thence southeasterly along Paseo Padre Parkway to the intersection with Driscoll Road; thence southwesterly along Driscoll Road to the intersection with Washington Boulevard; thence easterly along Washington Boulevard to the point of beginning.

(b)    The council districts specified in subsection (a) of this section shall continue in effect until they are amended or repealed in accordance with law. (Ord. 10-2017 § 1, 6-13-17.)

2.05.140 Election schedule for councilmembers elected by district.

(a)    Councilmembers shall be elected in Council Districts 1, 2, 3, and 4 beginning at the general municipal election in November 2018, and every four years thereafter, except as provided in the subsection (b) of this section and subject to the term limits set forth in Section 2.05.100.

(b)    Notwithstanding subsection (a) of this section, and subject to subsection (d) of this section, the councilmember elected from Council District 1 in 2018 shall serve a two-year term.

(c)    The councilmembers from Council Districts 5 and 6 shall be elected beginning at the general municipal election in November 2020, and every four years thereafter, subject to the term limits set forth in Section 2.05.100.

(d)    The councilmember elected from Council District 1 in 2018 shall be subject to election again in November 2020, and every four years thereafter, subject to the term limits set forth in Section 2.05.100. (Ord. 10-2017 § 1, 6-13-17.)