Memorandum
Date: February 14, 2025
To: File
From: Winnie Mui, Associate Planner
RE: Residential Condominium Conversion Cap & Unit Allocation Tracking
Pursuant to Fremont Municipal Code (FMC) §18.190.060, Condominium Conversion – Residential Projects, this memo documents the status of used and unused residential condominium conversion unit allocations. This information is also made available to the public on the City’s website and at the Development Services Center.
Background
The Residential Condominium Conversion Ordinance (“Ordinance”) provides a standard 100- unit conversion allocation, or cap, per calendar year (“CY”). The intent of the standard is to ensure the availability of rental apartment stock by balancing rental and ownership housing within the city. Pursuant FMC 18.190.060(g), the Planning Commission is authorized to grant limited discretionary increases above the 100-unit allocation for any particular CY, if certain specified conditions are met. Discretionary increases include:
1) Potential roll-overs of any unused unit allocations from an immediate prior CY if the apartment vacancy rate is greater than five percent; or
2) Borrowing up to 20 units in allocations from future years.
To implement this measure, the Planning Division is charged with tracking such allocations and reporting to the public. Residential condominium conversion applications are only accepted for processing from March 1 to March 15 of each CY. Table 1 provides a summary of the number of applications received since 2019. For more detail, please refer to Attachment A.
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Attachment: Informational Item 1_Memo_Condominium Conversion Tracking (5381 : 2024 Annual Progress Report on the Implementation of the
Table 1. Condominium Conversion Applications by Calendar Year Calendar Year Number of Applications
2019 0
2020 0
2021 0
2022 0
2023 0
2024 0
For CY 2025, the available allocation is 200 units. The unused allocation from CY 2024 of 100 units can be carried over and used in CY 2025 because the vacancy rate in February 2025 was
5.5-percent, above the required five percent.
Attachment(s):
A) Annual Conversion Cap and Unit Allocation Tracking
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Attachment: Informational Item 1_Memo_Condominium Conversion Tracking (5381 : 2024 Annual Progress Report on the Implementation of the
ATTACHMENT A
Residential Condominium Annual Conversion Cap and Unit Allocation Tracking (Updated February 2025)
Calendar
Year
Allowance
(# of apartment units
available for
conversion to
condominiums)
No. of
Applications
Submitted
(Residential condominium
conversion applications)
No. of Units
Allocated or
Approved
(100 units max, unless unused
allocation is carried over from a
previous calendar year or a
discretionary increase is permitted)
Unused
Allocation
May Unused
Allocation be
Carried
Over?
(Apartment
Vacancy Rate>=5%)
# of Units
Actually
Converted
# of
Produced
Units
(New apartment
units, finaled)
2019 100 0 0 100 No 0 1701
2020 100 0 0 100 Yes 0 1022
2021 200 0 0 100 Yes 0 3503
2022 200 0 0 100 Yes 0 8684
2023 200 0 0 100 No 0 0
2024 100* 0 0 100 Yes 0 0
2025 200 TBD TBD TBD TBD TBD TBD
* Per FMC §18.190.060(g)(1), an unused allocation from a prior year may only be carried over and used during the next calendar year if, at that time, the apartment vacancy rate for t he city is greater than five percent.
If an allocation is not used in the next subsequent calendar year, it shall expire .
1 Mission Court Senior Apartments (90 units); MidPen Stevenson Place Apartments (80 units). 2 Fairfield Residential (102 units)
3 City Center Apartments (60 units); Innovia Wrap Around Apartments (290 units) 4 Fairfield Residential (422 units); Palmia at Mission Falls (171 units); Walnut Liberty Mixed Use Apartments (275 units).
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Attachment: Informational Item 1_Memo_Condominium Conversion Tracking (5381 : 2024 Annual 1 183\03\3468562.1
City of Fremont Housing Successor Low and Moderate Income Housing Asset Fund Annual Report for Fiscal Year 2022/2023 per HSC §34176.1(f)
This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of December 31, 2023. This Report sets forth certain details of the City of Fremont, Community Development Department, Housing Division (Housing Successor) activities during Fiscal Year 2022/2023. The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by Housing Successor s taff and information contained within the independent financial aud it of the Low and Moderate Income Housing Asset Fund Comprehensive Annual Financial Report for Fiscal Year 2022/2023 as prepared by Macias Gini O’Connell, LLP (Audit), which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I through XI, inclusive, pursuant to Section 34176.1(f) of the Dissolution Law:
I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.
II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.
III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.
IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.
V. Description of Transfers: This section describes transfers, if any, to another hous ing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.
VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.
VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project.
VIII. Description of Outstanding Obligations und er Section 33413: This section desc ribes the outstanding inclusionary and replacement hous ing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor’s plans to meet unmet obligations, if any.
IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. However, reporting of the Income Test is not required until 2019.
X. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time
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period. For this Report the ten-year period reviewed is July 1, 2013 to June 30, 2023.
XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.
XII. Homeownership Inventory: An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.
This Report is to be provided to the Housing Successor’s governing body by March 19, 2024. In addition, this Report and the former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the public on the City’s website at fremont.gov/home/showdocument?id=14951&t=638424866975168248.
I. AMOUNT DEPOSITED INTO LMIHAF
A total of $1,613,473 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, no funds were held for items listed on the ROPS. The deposits into the LMIHAF during the Fiscal Year included $1,006,451 from accounts receivables from rental properties, $310,292 from accounts receivables from homeownership properties and $296,730 from interest allocation.
II. ENDING BALANCE OF LMIHAF
At the close of the Fiscal Year, the ending balance in the LMIHAF was $7,313,832 of which no fund is held for items listed on the ROPS.
III. DESCRIPTION OF EXPENDITURES FROM LMIHAF
The following is a description of expenditures from the LMIHAF by category:
Monitoring and Administration Expenditures $1,133,201
Homeless Prevention and Rapid Rehousing none
Services Expenditures
Total Housing Development Expenditures
• Expenditures on Low Income Units None
• Expenditures on Very Low Income Units None
• Expenditures on Extremely Low Income Units None
• Direct Legal Cost Related to Development Project $5,761
Total Housing Development Expenditures None
LMIHAF Expenditures in Fiscal Year $1,138,962
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.
The following provides the statutory value of assets owned by the Housing Successor. • Statutory Value of Real Property Owned by Housing Authority: None • Value of Loans and Grants Receivable: $69,427,544
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• Total Value of Housing Successor Assets: $69,427,544
V. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year.
VI. PROJECT DESCRIPTIONS
The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS.
VII. STATUS OF COMPLIANCE WITH SECTION 33334.16
Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property.
With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset.
The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five-year period: Cottonwood Place, 98 affordable units at 3701 Peralta Blvd, Fremont, CA, was completed on April 20, 2012.
The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012: None/Not applicable.
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 • Replacement Housing: According to the 2008-2013 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are posted on the City’s website at fremont.gov/home/showdocument?id=14951&t=638424866975168248. • Inclusionary/Production Housing: According to the Amended Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing ob ligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plan is posted on the City’s website at
fremont.gov/home/showdocument?id=14951&t=638424866975168248.
IX. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five- year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement. This information is not required to be reported until 2019 for the 2014 through the 2019 period.
Fiscal
Year
Fund Balance
at Beginning
of Fiscal Year
30% of Fund
Balance at
Beginning of
Fiscal Year
Total
Expenditure
in Fiscal Year
Affordable
Housing
Development
Expenditures
Funding for
Completed
Extremely-Low
Income Units
% of Fund Balance
Spent on
Development of
Extremely-Low
Income Units
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Attachment: Informational Item 2_Low and Moderate Income Housing Asset Fund Annual Report (5381 : 2024 Annual Progress Report on the 4 183\03\3468562.1
2013-
2014
$1,098,599* $329,580 $449,495 $0 $0 0%
2014-
2015
$3,720,901 $1,116,270 $1,688,678 $1,272,331 $423,686 11.4% 2015-
2016
$3,442,211 $1,032,663 $454,918 $0 $0 0%
2016-
2017
$4,714,748 $1,414,424 $564,787 $0 $0 0%
2017-
2018
$5,920,199 $1,776,060 $4,191,476 $3,509,679 $861,312 14.5% 2018-
2019
$3,033,050 $909,915 $770,634 $0 $0 0%
Total $4,782,010 $1,284,998
*In Fiscal Year 2013-2014, monies in the LMIHAF account were separated to remove revenue from non-former Redevelopment Agency/Successor Agency sources. This transfer of funds totaled $4,507,765 that was not subject to LMIHAF requirements. As a result, the LMIHAF balance was reduced from $5,606,364 to $1,098,599. This amount is shown above.
Corrective Action: Between fiscal years 2013-2014 and 2018-2019, two affordable housing projects received a combined $4,782,010 in LMIAHF monies. A portion of the units in each of these projects funded construction of extremely low-income units, totaling $1,284,998. The primary reason for the lack of LMIAHF expenditure on ELI unit construction was that the City was working to build its affordable housing program since they were all eliminated on February 1, 2012, when the City’s Redevelopment Agency was di ssolved and its entire staff in Fremont was laid off. Since that time, the City has worked to establish a range of funding sources for affordable housing unit construction, as well as internal expertise on how to manage affordable housing project financing and development.
Since the City did not achieve the 30% ELI funding requirement in any year between Fiscal Years 2013-2014 to 20 18-2019, it needed to provide 50% of the beginning fund balance in Fiscal Year 20 19-2020 for construction of ELI units. The beginning fund balance in FY20 19-2020 was $4,795,569 with 50% equaling $2,397,785. The City was unable to identify eligible projects for the spend down of this funding until the identification of two projects through the City’s Notice of Funding Availability (NOFA) in 2021. The City has dedicated $4 million to two NOFA projects. The funding was expended in 2022 -2023 to support the development of ELI units. The units are underway. The City has also dedicated $250,000 per year for five years of LMIAHF monies to a pending Homekey project. Unfortunately, the project did not materialize, as the project failed to secure State Homekey funding. The City has re-allocated the $1,250,000 to other affordable projects through the 2023 NOFA to ensure the City will continue to meet the ELI test.
Fiscal
Year
Fund Balance
at Beginning
of Fiscal Year
50% of Fund
Balance at
Beginning of
Fiscal Year
Total
Expenditure
in Fiscal Year
Affordable
Housing
Development
Expenditures
Funding for
Completed
*Extremely-
Low Income
Units
% of Fund Balance
Spent on
Development of
Extremely-Low
Income Units
2019-
2020
$4,795,569 $2,397,785 $930,503 $0 $0 0%
2020-
2021
$8,654,967 $4,327,484 $937,513 $0 $0 0%
2021-
2022
$10,013,463 $5,006,732 $942,292 $0 $0 0%
2022-
2023
$10,760,821 $5,380,411 $5.050.533 $4,000,000 $4,000,000* 37% 2023-
2024
$6,839,321 $3,419,661 $1,138,962 0 0 0%
Total $4,000,000 $4,000,000 ---
*Note: Construction of the ELI units are underway.
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Next Reporting Year (FY2023-2024)
Fund Balance
at Beginning
of Fiscal Year
50% of Fund
Balance at
Beginning of
Fiscal Year
Total
Expenditure
in Fiscal Year
Affordable
Housing
Development
Expenditures
Funding for
Completed
*Extremely-
Low Income
Units
% of Fund Balance
Spent on
Development of
Extremely-Low
Income Units
2024-
2025
$7,313,832 $3,656,916 In progress
The City has been encountering challenges in LMI HAF expenditures on ELI units as there is an increasing desire from public funders as well as State and Federal tax credit to fund ELI and VLI units; therefore, the City anticipates that meeting the ELI test will continue to be a challenge. The City will continue to make good faith effort in dedicating LMIHAF funding to support the development of ELI units.
X. SENIOR HOUSING TEST
The Housing Successor is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment a gency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.
The following provides the Housing Successor’s Senior Housing Test for the 10-year period of July 1, 2014 through June 30, 2024:
The following provides the Housing Successor’s Senior Housing Test for the 10-year period of July 1, 201 4 through June 30, 202 4. As shown, over the past 10 years, seven projects were constructed using LMIHAF monies. Four of these projects provided a total of 498 family units; the other project w as restricted to seniors providing 89 units. Restricted, rental senior units comprise 15.2% of the total rental units assisted with LMIHAF monies, less than the 50% maximum established by the Senior Housing Test threshold.
Rental Projects Assisted with LMIHAF
between July 1, 2014 and June 30, 2024
Family
Units
Senior
Units
Total
Units
Laguna Commons Apartments 63 --- 63
Mission Court Senior Apartments --- 89 89
Stevenson Family Apartments 79 --- 79
3900 Thornton Apartments 126 126
MidPen Affordable Housing on Osgood 230 230
Total units 498 89 587
% of Units Constructed 84.8% 15.2% 100%
XI. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of $1,000,000 or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater. The LMIHAF was not created until February 1, 2012. The table below provides the Excess Surplus test information for the current reporting year and the preceding four
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fiscal years. The current balance of $ 7,313,832 on deposit in the LMIHA F does not exceed the sum of the annual deposits made in the preceding four fiscal years and, as a result, the LMIHAF does not have an excess surplus.
Table: Excess Surplus Test
FY2018/
FY2019
FY 2019/
FY 2020
FY 2020/
FY 2021
FY 2021/
FY 2022
FY 2022/
FY 2023
FY 2023/
2024
Beginning
Balance $3,033,050 $4,795,569 $8,654,967 $10,013,463 $10,760,821 $6,839,321 Add: Deposits $2,533,153 $4,789,901 $2,296,009 $1,689,650 $1,129,033 $1,613,473 (Less)
Expenditures ($770,634) ($930,503) (937,513) $(942,292) $(5,050,533) $(1,138,962) Ending Balance $4,795,569 $8,654,967 $10,013,463 $10,760,821 $6,839,321 $7,313,832
XII. HOMEOWNERSHIP INVENTORY
The inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or include the former redevelopment agency’s investment of monies from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3 are listed in a separate document.
The City is monitoring 116 homeownership units (105 Down payment Asst. + 11 Rehab Loan) assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or include the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3.
During the last fiscal year, four homeownership units were lost from the portfolio. The reason for the loss of the units is summarized below:
Table: Lost Homeownership Unit
Unit Address Reason for Loss
1 42856 Homewood Street,
Fremont, CA 94538
Paid off loan
2 418 Ladner Street,
Fremont, CA 94538
Paid off loan
3 35886 Cadiz Street,
Fremont, CA 94536
Paid off loan
4 34501 Nantucket Common,
Fremont CA 94544
Paid off loan
During the last fiscal year, $535,523 were returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund in homeownership programs. This does not include program income from rental properties summarized in Section I, above.
The housing successor monitors its homeownership portfolio and has not contracted with any outside entity for the management of the units.
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Attachment: Informational Item 2_Low and Moderate Income Housing Asset Fund Annual Report (5381 : 2024 Annual Progress Report on the
Minutes Planning Commission – February 27, 2025 PAGE 1
DRAFT MINUTES
FREMONT PLANNING COMMISSION
REGULAR MEETING OF FEBRUARY 27, 2025
Timestamps from the video webcast are listed below each Public Hearing Item Number and are in hours format, as follows: (hours:minutes:seconds). Video webcasts of Planning Commission meetings can be found at: https://fremontca.viebit.com/#
PUBLIC HEARING ITEMS
Item 4. 2024 ANNUAL PROGRESS REPORT – CITYWIDE – PLN2025-00145 – To (02:04:34) consider an annual report on the status of implementation of the General Plan and the 2023 – 2031 Housing Element; and to consider exemptions from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation and each on a separate and independent basis CEQA Guidelines §15061 (Review for Exemption), §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and §15378 (Project).
Planning Manager Joel Pullen introduced the item.
Associate Planner Winnie Mui gave a comprehensive presentation and responded to questions from the Commission, with assistance from Senior Planner Mark Hungerford and Planning Manager Joel Pullen . Questions posed by the Commissioner related to the Regional Housing Needs Allocation (RHNA) goals, in- lieu fees, Notice of Funding Availability (NOFA) announcements, Senate Bill 9 (SB9) applications, how RHNA numbers are determined, implementation of Assembly Bill 1033, vacant/underutilized sites in Fremont , and the timeline for approving SB9 projects.
Chairperson Basrai opened the public hearing for this item.
Kelly Abreu commented on the City’s progress in achieving its RHNA goals , and expressed concern.
IT WAS MOVED ( ZHANG/LIU) AND CARRIED BY THE FOLLOWING VOTE (7-0-0-0-0) THE PLANNING COMMISSION – HELD PUBLIC HEARING; AND
RECOMMENDED THAT THE CITY COUNCIL:
FIND THE APR IS EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO,
WITHOUT LIMITATION AND EACH ON A SEPARATE AND INDEPENDENT BASIS CEQA GUIDELINES §15061 (REVIEW FOR EXEMPTION), §15183
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Attachment: Informational Item 3_Draft February 27, 2025 Planning Commission Minutes (5381 : 2024 Annual Progress Report on the
Minutes Planning Commission – February 27, 2025 PAGE 2
(PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL PLAN, OR ZONING), AND §15378 (PROJECT);
AND
ACCEPT EXHIBIT “A” AND EXHIBIT “B,” WHICH DEPICT THE STATUS OF
THE GENERAL PLAN AND HOUSING ELEMENT, AND DIRECT STAFF TO SUBMIT THE APR TO OPR AND HCD.
The motion carried by the following vote:
AYES: 7 – Basrai, Craig, Eddy, Liu, Ramamurthi, Yee, Zhang NOES: 0
ABSTAIN: 0
ABSENT: 0
RECUSE: 0
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Attachment: Informational Item 3_Draft February 27, 2025 Planning Commission Minutes (5381 : 2024 Annual Progress Report on the Fremont City Council Meeting: 03/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5391) DOC ID: 5391
Updated: 3/14/2025 12:47 PM by Susan Gauthier Page 1
AMENDMENT TO CAMPING ORDINANCE - Adoption Of An Urgency Ordinance Amending Fremont Municipal Code Chapter 8.90 Regulating Camping on Property in the City of Fremont, and Finding that the Action is Exempt From Review Under the California Environmental Quality Act (CEQA) Contact Persons:
Name: Rafael Alvarado
Title: City Attorney
Div/Dept: City Attorney's Office
Phone: 510-284-4030
E-Mail: [email protected]
Executive Summary: The City Council directed City staff to draft an amendment to the Camping Ordinance consistent with Councilmember Kimberlin’s March 4, 2025 Referral, co- authored by Mayor Salwan. The amendment would: (1) revise section 8.90.030 to allow camping on private property that is zoned residential and contains a single-family residential property dwelling (2) revise section 8.90.030 to clarify that the donation of goods is not prohibited activity, and (3) delete section 8.90.060(b)(1) concerning enforcement.
BACKGROUND: On December 17, 2024, the City Council introduced a camping ordinance (“Camping Ordinance”) prohibiting camping and maintenance of encampments within the City while encouraging people experiencing homelessness to use available low barrier shelters and access a variety of services available from the City and its partners. On February 11, 2025, the City Council adopted the Camping Ordinance and said ordinance became effective on March 13, 2025. The Camping Ordinance did not, and was not intended to, criminalize persons who donate food, water, or other goods to another person.
On March 4, 2025, Councilmember Kimberlin advanced a referral, co-authored by Mayor Salwan, seeking to amend the Camping Ordinance to revise language that has contributed to misinterpretation of the ordinance’s intent and application. The City Council accepted the referral and directed City staff to bring back an amendment to the Camping Ordinance at the March 18, 2025 City Council meeting.
DISCUSSION/ANALYSIS: This staff report presents an amendment to the Camping Ordinance, codified in Chapter 8.90 of the Fremont Municipal Code, as directed by the City Council on March 4, 2025. Approval of the amendment to the Camping Ordinance would achieve the following:
1. Allow camping on private property that is zoned residential and contains a single- family residential property dwelling;
2. Clarify that the Camping Ordinance does not prohibit the donation of food, water, or other goods to another person; and
3. Delete Section 8.90.060(b)(1) related to enforcement.
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Council Staff Report (ID # 5391) Meeting of March 18, 2025 Updated: 3/14/2025 12:47 PM by Susan Gauthier Page 2
City staff recommends adoption of the amendment via an urgency ordinance that would go into effect immediately upon a four-fifths vote of the City Council. The Camping Ordinance went into effect on March 13, 2025 and some service providers to unhoused persons have expressed fear that donating food, water, or other goods could subject them to criminal liability. The urgency ordinance is necessary to address this concern and immediately clarify that the Camping Ordinance does not subject persons to criminal penalty for donating food, water, or other goods to another person. The urgency ordinance includes findings necessary to satisfy the requirements of California Government Code Section 36934 and Section 36937 and is proposed to be adopted immediately for the preservation of the public peace, health, or safety.
FISCAL IMPACT: There is no fiscal impact related to this revision to the municipal code.
ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA), without limitation, each on a separate and independent basis, pursuant to the following sections of Title 14 of the California Code of Regulations and no further environmental review is required: (1) the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), in that the ordinance does not have the potential to cause a significant effect on the environment, and is not subject to CEQA review; (2) CEQA Guidelines 15183, Projects Consistent with a Community Plan or Zoning, as the ordinance is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred; (3) CEQA Guidelines Sections 15304 as this ordinance is an action by the City that may result in a minor alteration to land, water, and/or vegetation; and (4) CEQA Guidelines Sections 15307 and 15308 as this ordinance is an action by the City for the protection of birds and other wildlife and the environment in City public lands, parks and waterways.
ATTACHMENTS:
• Exhibit A - Draft Urgency Amendment to Camping Ordinance
RECOMMENDATION: Adopt an urgency ordinance, attached as Exhibit A, by a four-fifths vote of the City Council, amending Chapter 8.90 of the Fremont Municipal Code.
6.A
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Ordinance No. XX-2025 Page 1 of 5
EXHIBIT A
ORDINANCE XX-2025
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREMONT AMENDING SECTION S 8.90.030 AND 8.90.060 OF THE
FREMONT MUNICIPAL CODE REGULATING CAMPING
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS OF URGENCY
A. On December 17, 2024, the City Council introduced a camping ordinance (“Camping Ordinance”) prohibiting camping and maintenance of encampments within the City while encouraging people experiencing homelessness to use available low barrier shelters and access a variety of services available from the City and its partners; and
B. On February 11, 2025, the City Council adopted the Camping Ordinance and said ordinance became effective on March 13, 2025; and
C. The Camping Ordinance did not, and was not intended to, criminalize persons who donate food, water, or other goods to another person; and
D. On March 4, 2025, the City Council approved a referral to direct staff to bring back an amendment to the Camping Ordinance to revise language that has contributed to misinterpretation of the ordinance’s intent and application; and
E. On March 4, 2025, the Fremont City Council affirmed the City’s commitment to work in unity with nonprofits, faith-based organizations, other government agencies and the community on care, support and solutions for people who are unhoused, and to generally prioritize the allocation of enforcement resources to the locations that violate the City’s encampment condition guidelines; and
F. The City Council now intends to amend the Camping Ordinance to clarify its enforcement provisions, including clarification that the donation of certain goods to another person does not violate its terms; and
G. Without an amendment to the Camping Ordinance, members of the Fremont community and some service providers to unhoused persons may withhold assistance due to an unfounded fear of criminal liability; and
H. The City, pursuant to California Constitution Article XI, Section 7, has the authority to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
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Attachment: Exhibit A - Draft Urgency Amendment to Camping Ordinance (5391 : AMENDMENT TO CAMPING ORDINANCE) Ordinance No. XX-2025 Page 2 of 5
I. The City, pursuant to California Government Code Section 36934 and Section 36937, is authorized to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety;
J. The Camping Ordinance became effective March 13, 2025 and this urgency amendment is necessary to immediately clarify that the Ordinance does not criminalize persons who donate food, water, or other goods to another person and that they may do so without an unfounded fear of criminal penalty; and
K. This urgency ordinance is necessary for the immediate preservation of the public peace, health or safety, and shall be effective upon adoption by a four-fifths vote of the City Council.
SECTION 2. FMC SECTION 8.90.030 AMENDED
Fremont Municipal Code Section 8.90.030 is amended to read as follows:
(Strikethroughs indicate deletion and underlines indicate additions) Sec. 8.90.030 Camping, locations prohibited; protection of waterways.
(a) Camping. It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including any street, sidewalk, park, open space, waterway, or banks of a waterway, or any private property not designated licensed and equipped operated for such camping. Additionally, it is unlawful for any person to camp or maintain an encampment in or upon any land designated as a high fire risk area. This section is not intended to prohibit camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than three consecutive nights.
[Section (b) is unchanged.]
(c) Nothing in this section is intended to prohibit:
1. a person from donating food, water, or other goods to another person;
2. camping on private property that is zoned residential and contains a single-family residential dwelling, by family or friends of the property owner, so long as the owner consents;
3. the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; or
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Attachment: Exhibit A - Draft Urgency Amendment to Camping Ordinance (5391 : AMENDMENT TO CAMPING ORDINANCE) Ordinance No. XX-2025 Page 3 of 5
4. the activities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority.
SECTION 3. FMC SECTION 8.90.060 AMENDED
Fremont Municipal Code Section 8.90.060 is amended to read as follows:
(Strikethroughs indicate deletion and underlines indicate additions) Sec. 8.90.060 Enforcement.
[Section (a) is unchanged.]
(b) Notwithstanding subsection (a) of this section:
1. Any person causing, permitting, aiding, abetting or concealing a violation of this chapter shall be guilty of a misdemeanor, and may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.
2.1. Any violation of this chapter may be remedied by a civil action brought by the city attorney.
3.2. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the city by any lawful means, including but not limited to summary abatement procedures set forth in Chapter 8.60 of this code.
4.3. Any violation of this chapter is punishable as set forth in Title 1, General Provisions of this code.
[Sections (c) through (e) are unchanged.]
SECTION 4. CEQA
The City Council determines, each on a separate and independent basis, the following sections of Title 14 of the California Code of Regulations apply and no further environmental review is required: (1) the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), in that the ordinance does not have the potential to cause a significant effect on the environment, and is not subject to CEQA review; (2) Furthermore, the project is exempt under CEQA Guidelines 15183, Projects Consistent with a Community Plan or Zoning, as the ordinance is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred; (3) CEQA Guidelines Sections 15304 as
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Attachment: Exhibit A - Draft Urgency Amendment to Camping Ordinance (5391 : AMENDMENT TO CAMPING ORDINANCE) Ordinance No. XX-2025 Page 4 of 5
this ordinance is an action by the City that may result in a minor alteration to land, water, and/or vegetation; and (4) CEQA Guidelines Sections 15307 and 15308 as this ordinance is an action by the City for the protection of birds and other wildlife and the environment in City public lands, parks and waterways. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.
SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 6. EFFECTIVE DATE
This Urgency Ordinance shall take effect immediately upon adoption by a four-fifths vote of the City Council.
SECTION 7. PUBLICATION AND POSTING
This Urgency Ordinance shall be published and posted as may be required by law. * * *
The foregoing Urgency Ordinance was adopted at a regular meeting of the City Council held on the ____ day of _______, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
__________________________________
APPROVED AS TO FORM:
____________________________
City Attorney
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Attachment: Exhibit A - Draft Urgency Amendment to Camping Ordinance (5391 : AMENDMENT TO CAMPING ORDINANCE) Ordinance No. XX-2025 Page 5 of 5
City Clerk
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Attachment: Exhibit A - Draft Urgency Amendment to Camping Ordinance (5391 : AMENDMENT TO CAMPING ORDINANCE) Fremont City Council Meeting: 03/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Council Referrals & Appointments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5228) DOC ID: 5228
Updated: 3/17/2025 3:10 PM by Susan Gauthier Page 1
SELECTION OF THE VICE MAYOR - Selection of the Vice Mayor for the Period Covering March 2025 through November 2025
Contact Persons:
Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]
Executive Summary: The following report is being presented to the City Council to seek direction with regard to the appointment of the Vice Mayor for the period covering March 2025 through November 2025. This requested Council action will establish rules to address how the vice mayor is appointed when one of the Councilmembers is appointed to the City Council rather than elected. The Council’s action will be codified so that the new rule can be applied in the future if a similar circumstance arises.
BACKGROUND: Chapter 1, Section F (2) of the City Council Handbook of Rules and Procedures (Vice Mayor Selection and Duties) provides: “The Councilmember who received the highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the first eight months following the next general municipal election. The Councilmember who received the second highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months.
The Councilmember who received the third highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months.”
DISCUSSION/ANALYSYS: The City Council Handbook of Rules and Procedures does not address or provide direction regarding appointing a Councilmember to the position of vice mayor who has been appointed to the office of City Councilmember but was not elected.
Per the order of selection of a vice mayor described above, former Councilmember Jenny Kassan would have been next in line for appointment as vice mayor for the period covering March 2025 through November 2025, as she received the third highest number of votes during the 2022 general municipal election.
Chapter 1, Section F (3) of the City Council Handbook of Rules and Procedures (Order of Selection Upon Vacancy) provides: “If a vacancy occurs in an office of a Councilmember, the order of selection pursuant to the above section shall be modified if necessary, as follows:
If the vacancy is in the office of a Councilmember and is the incumbent Vice Mayor, then the Councilmember who was the last previous Vice Mayor shall be appointed Vice Mayor for the remainder of that eight month term. If the vacancy is in the office of a Councilmember who has not yet served as Vice Mayor during his or her term of office, then the Councilmembers next in the order of selection pursuant to the above section shall each have their appointment as Vice Mayor advanced, notwithstanding that as the result of such vacancy or prior or future vacancies, the order of selection will be modified with the effect that a
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Council Staff Report (ID # 5228) Meeting of March 18, 2025 Updated: 3/17/2025 3:10 PM by Susan Gauthier Page 2
subsequent Vice Mayor will be only in the second or first year of his or her term of office as a Councilmember.”
Additionally, Chapter 1, Section F (4) of the City Council Handbook of Rules and Procedures (Other Instances) provides: “In the event a situation occurs, resulting from a vacancy in an office of a Councilmember, which is not addressed in these rules, the City Council shall promptly consider what revision to the rules, if any, are necessary prior to the appointment of the Vice Mayor.”
The City Council has the authority to appoint any member of the council to serve as vice mayor. The City Council may explore options including, but not limited to, advancing the order of selection by appointing the Councilmember that would have served as vice mayor following former Councilmember Kassan, extending the current vice mayor’s term, or selecting the recently appointed council member to serve as vice mayor. Each option is equally valid to resolve the current vacancy.
FISCAL IMPACT: N/A
ENVIRONMENTAL REVIEW: N/A
RECOMMENDATIONS: By motion, select a council member to serve as Vice Mayor for the period covering March 2025 through November 2025, based upon the following recommended options:
1. Option A: Select the Council member that would have followed the former Councilmember’s (in this case former Councilmember Kassan) turn as vice mayor in the order of selection and advance the appointment schedule for future vice mayors accordingly. This option would result in the selection of Councilmember Keng and would advance the normal order of selection by one term. This selection process will be memorialized by resolution when the City Council Handbook is revised this year.
2. Option B: Select the councilmember (in this case Councilmember Kimberlin) that has been appointed to the vacant seat that would have been next in line to serve as Vice Mayor. In this scenario, the regular order of vice mayorship appointments would resume following the appointed councilmember’s term as vice mayor.
3. Option C: Extend the term of the current vice mayor (in this case Vice Mayor Campbell) by eight months and continue to use the pre-established order of vice mayorship selection.
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Council Staff Report (ID # 5228) Meeting of March 18, 2025 Updated: 3/17/2025 3:10 PM by Susan Gauthier Page 3
Chart for each option, showing the future appointments for each period:
Vice Mayor
Term
Order of Vice
Mayor
Selection
(Option A)
Order of Vice
Mayor
Selection
(Option B)
Order of Vice
Mayor Selection
(Option C) Notes
March 2025 -
November 2025 Teresa Keng Kathy Kimberlin Desrie Campbell Third highest
number of votes
in 2022 election.
(fourth year of
term)
November 2025
- July 2026 Yajing Zhang Teresa Keng Teresa Keng
Highest number
of votes in 2024
election. (second
year of term)
July 2026 –
March 2027 Raymond Liu Yajing Zhang Yajing Zhang
Second highest
number of votes
in 2024 election.
(third year of
term)
March 2027 -
November 2027
Councilmember
with highest
number of votes
in 2026 election. Raymond Liu Raymond Liu
Third highest
number of votes
in 2024 election.
(fourth year of
term)
November 2027
- July 2028
Councilmember
with second
highest number
of votes in 2026
election. 2026 election 2026 election
Highest number
of votes in 2026
election. (second
year of term)
July 2028 –
March 2029
Councilmember
with third highest
number of votes
in 2026 election. 2026 election 2026 election
Second highest
number of votes
in 2026 election.
(third year of
term)
March 2029 –
November 2029
Councilmember
with highest
number of votes
in 2028 election. 2026 election 2026 election
Third highest
number of votes
in 2026 election.
(fourth year of
term)
6.B
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