Ordinance 3151CITY OF ALAMEDA ORDINANCE NO. 3151
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING,
ADDING AND DELETING SECTIONS OF ARTICLE VIII (SUNSHINE
ORDINANCE) OF CHAPTER 11 (ADMINISTRATION) CONCERNING
LOCAL STANDARDS TO ENSURE PUBLIC ACCESS TO PUBLIC
MEETINGS AND PUBLIC RECORDS
BE IT ORDAINED by the Council of the City of Alameda as follows:
Section 1. Section 2 -90.2 of the Alameda Municipal Code is hereby amended as follows:
"2 -90.2. Findings
The City Council finds as follows:
(Subsections (a) -(e), no change.)
(Subsection (g), no change but reletter to (f)."
Section 2. New Sections 2 -90.3 and 2 -90.4 are added to the Alameda Municipal Code to
read as follows:
"2 -90.3 Responsibilities of the City Manager
The City Manager shall ensure that City staff is trained regarding their obligations
under this Ordinance."
"2 -90.4 Responsibilities of the Mayor
If the Mayor delivers a State of the City address, it shall be given in a disabled
accessible venue with audio and video streaming and transmission capabilities. The
event shall be noticed, recorded, free to the public and open to all. The report shall
include a report on the previous year's complaints, if any, concerning the Ordinance, how
they were resolved, and a summary of any actions taken or pending related to provisions
of this Ordinance."
Section 3. Section 2 -91.1 of the Alameda Municipal Code is hereby amended as follows:
"2 -91.1. Definitions
Whenever in this Article the following words or phrases are used, they shall have
the following meanings:
(Subsection (a), no change.)
(b) "Meeting" shall mean any of the following and shall have the same meaning
as defined In Section 54952.2 of the California Government Code unless the definition in
this subsection is more restrictive in which case the more restrictive definition shall apply:
(Paragraphs 1 -4), no change.)
(c) "Passive meeting body" shall mean:
(1) Advisory committees created by the initiative of a single member of
a policy body, including the Mayor, or a department head;
(2) "Passive meeting body' shall not include a committee that consists
solely of employees of the City of Alameda created by the initiative of a single
member of a policy body, including the Mayor, or a department head.
(d) "Policy Body" shall mean the following and have the same meaning as
"legislative body" is defined in Section 54952 of the California Government Code unless
the definition in this subsection applies to a broader range of boards, commissions,
committees or other bodies:
(Paragraphs (1), (2) and (3), no change.)
(4) Any committee or body, created by the initiative of a policy body as
a whole;
(Paragraphs (5) and (6), no change.)"
Section 4. Section 2 -91.2 of the Alameda Municipal Code is hereby amended as follows:
"2 -91.2 Passive Meetings.
(a) A passive meeting shall mean meetings as defined in Section 2 -91.1 (b)(4)
(B) and (C) and meetings of a passive meeting body as defined in Section 2 -91.1 (c)(b)
All passive meetings shall be accessible to individuals upon inquiry and to the
extent possible consistent with the facilities in which they occur.
(1) Such meetings need not be formally noticed, except on the City's
website whenever possible, although the time, place and nature of the
meeting shall be disclosed upon inquiry by a member of the public,
and any agenda actually prepared for the meeting shall be accessible
to such inquirers as a public record.
(2) Such meeting need not be conducted in any particular space for the
accommodation of members of the public, although members of the
public shall be permitted to observe on a space available basis
consistent with legal and practical restrictions on occupancy.
(3) Such meetings of a business nature need not provide opportunities for
comment by members of the public, although the person presiding
may, in his or her discretion, entertain such questions or comments
from members of the public as may be relevant to the business of the
meeting.
(4) Passive meeting bodies may hold closed sessions under
circumstances allowed by this Article.
(c) Any entity performing a function delegated by the City shall abide by
subsection (b)."
Section 5. Section 2 -91.4 of the Alameda Municipal Code is hereby amended as follows"
"2 -91.4 Conduct of Business; Time and Place for Meetings; Use of Electronic
Communication Devices.
(a) Each policy body shall, and passive meeting bodies may, establish by
resolution or motion the time and place for holding regular meetings.
(Subsections (b), (c) and (d), no change.)
(b) Meetings of passive meeting bodies as specified in Section 2-91.2 (a) of this
article shall be preceded by notice delivered personally or by mail, e-mail,
facsimile as reasonably requested by at least four weekdays before the time
of such meeting to each person who has requested, in writing, notice of such
meeting. If the passive meeting body elects to hold regular meetings, it shall
provide by bylaws, or whatever other rule is utilized by that passive meeting
body for the conduct of its business, for the time and place for holding such
regular meetings. In such case, no notice of regular meetings, other than
posting of an agenda pursuant to Section 2-91.5 if this article in the place
used by the policy body which it advises, is required.
(f) Special meetings of any policy body, including passive meeting bodies that
choose to establish regular meeting times, may be called at any time by the
presiding officer thereof or by a majority of the members thereof, by delivering
personally or by mail written notice to each member of such body and the
local media who have requested written notice of special meetings in writing.
Such notice of a special meeting shall be delivered as described herein at
least seven (7) days before the time of such meeting as specified in the
notice, with the exception of any urgent matter beyond the control of the City.
The 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. Such written notice may be dispensed with as to any member who
at or prior to the time the meeting convenes files with the presiding officer or
secretary of the body a written waiver of notice. Such written notice may also
be dispensed with as to any member who is actually present at the meeting
at the time it convenes. Each special meeting shall be held at the regular
meeting place of the body except that the body may designate an alternate
meeting place provided that such alternate location is specified in the notice
of the special meeting.
(Subsection (g), no change.)
(h) In order to insure that all communications to Policy Board members presented
in a public meeting are shared with the public, Policy Board members are
prohibited from communicating electronically with others during public
meetings about matters that pertain to the business thereof."
Section 6. Section 2-91.14 of the Alameda Municipal Code is hereby amended as follows:
"2-91.14 Video and Audio Recording, Filming and Still Photography.
(Subsections (a) and (b), no change.)
(c) Every City policy body, agency or department shall audio or video record
every noticed regular meeting, special meeting, or hearing open to the public
held in a City Hall hearing room, except to the extent that such facilities may
not be available for technical or other reasons. Such meetings held outside
City Hall may not be available via livestrearning. All recordings will be
archived indefinitely in digital form at a centralized location on the City's
website within 72 hours of such meeting or hearing. Each recording shall be
a public record subject to inspection pursuant to the California Public Records
Act (Government Code Section 6250 et seq.), and shall not be erased or
destroyed. Inspection of any such recording shall also be provided without
charge on an appropriate play back device made available by the City. This
subsection (c) shall not be construed to limit or in any way modify the duties
created by any other provision of this article, including but not limited to the
requirements for recording closed sessions as stated in Section 2 -91.8 and
for recording meetings of boards and commissions enumerated in the Charter
as stated in subsection (b) above.
(1) At a minimum, the City shall provide video coverage of the following
meetings:
1. City Council and all bodies associated with its members
including:
a. Alameda Reuse and Redevelopment Authority (ARRA)
b. Successor Agency to the Community Improvement
Commission (CIC)
c. Alameda Public Finance Authority (APFA)
d. Housing Authority Board of Commissioners (HABOC)
(Subparagraphs 2, 3, 4, 5, 6 and 7, no change.)
(Paragraphs (2) and (3), no change.)"
Section 7. Section 2.91 -17 of the Alameda Municipal Code is hereby amended as follows:
"2 -91.17 Public Comment by Members of Policy Bodies.
Every member of a policy body retains the full constitutional rights of a citizen to
comment publicly on the wisdom or propriety of governmental actions, including those of
the policy body of which he or she is a member. Policy bodies shall not sanction, reprove
or deprive members of their rights as elected or appointed officials for expressing their
judgments or opinions, including those which deal with perceived inconsistency of non-
public discussions. Nothing in this section shall be construed to provide rights to
appointed advisory body members beyond those recognized by law or to create any new
private cause of action.
Section 8. Section 2 -92.2 of the Alameda Municipal Code is hereby amended as follows:
"2 -92.2 Responsibilities of Staff.
(a) The City Clerk shall be the City Custodian of Records and the City Manager
shall designate a Custodian of Records for the Police Department. The City
Clerk shall also designate in each department/office a Department Custodian
of Records who shall ensure that all department staff who have contact with
the public are prepared to provide written and oral information to the public.
(Subsection (b), no change.)
(c) Every `Custodian of Records' shall, as soon as possible, and within ten (10)
days following receipt of a request for a Public Record, comply with such
request. In unusual circumstances, the time limit prescribed by this
subsection may be extended by written notice by the Custodian of Records
to the person making the request, setting forth the reasons for the extension
and the date on which a determination is expected to be dispatched provided
that no notice shall specify a date that would result in an extension for more
than 14 days. The term "unusual circumstances" means the following, but
only to the extent reasonably necessary to the proper processing of the
particular request: (1) the need to search for and collect the requested records
from field facilities or other establishments that are separate from the office
processing the request; (2) the need to search for, collect and appropriately
examine a voluminous amount of separate and distinct records that are
demanded in a single request; (3) the need for consultation, which shall be
conducted with all practicable speed, with another agency having substantial
interest in the determination of the request or among two or more components
of the agency having substantial subject matter interest therein; or (4) the
need to compile data, to write programming language or a computer program,
or to construct a computer report to extract data. If a Custodian of Records
believes the record requested is exempt from disclosure, he /she shall state
in writing the express provisions of law that justify withholding the record.
(d) Requests submitted in person, via telephone, or via email or through the City
website are considered requests.
(e) Nothing in this Section shall be interpreted to hinder ordinary assistance in
supplying records or information to the public and informal communications
between members of the public, staff and members of Policy Bodies.
(Subsection (f), no change.)
(g) Record requests made by email must be acknowledged with an email
response to the sender."
Section 9. Section 2 -92.3 of the Alameda Municipal Code is deleted in its entirety.
Section 10. Section 2 -92.4 of the Alameda Municipal Code is amended as follows:
"2 -92.4 Notices and Posting of Information.
(a) At a minimum, the following shall be posted on the City's website and
provided in written form in the City Clerk's Office and at the reference desk of
each Alameda public library. These documents must be posted on the City's
Website for a period of at least four (4) years:
City Charter
Alameda Municipal Code
General Plan and Area Plans
Zoning Ordinance
Landmarks Preservation Ordinance
Sunshine Ordinance
Citizen's Guide to Public Information
Records Index
Records Retention Schedule
Council Rules of Procedure
Conflict of Interest Code
Statements of Economic Interest
Executive Management Work Plans
Capital Improvement Plans *
Agendas and Minutes of the Meetings of all Policy Bodies
Budgets *
Draft and Final Environmental Impact Reports and Environmental
Impact Statements (these documents may be posted on the website
of the EIR/EIS consultant in lieu of the City's website) **
* These documents may be removed from the City's Website four years after
they are filed or adopted.
** These documents may be removed from the City's Website once the project
that relates to the environmental documents has been built out.
(b) Each Policy Body shall have posted on the City's website all current meeting
Agendas, minutes and other documents required to be made public and
thereafter, make reasonable efforts to post past materials. Each Policy Body
shall make reasonable efforts to ensure that its portion of the City's website
is updated on a weekly basis.
(Subsections (c) through (h), no change.)"
Section 11. Section 2 -92.5 of the Alameda Municipal Code is amended as follows:
"2 -92.5 Public Records Index.
(a) The City shall maintain a Public Records Index that identifies types of records
maintained by departments and offices, including those of elected officials
and Policy Bodies. The index shall be available to the public and organized
under a uniform reference system that permits a general understanding of the
types of records maintained, in which offices and departments, and for what
periods of retention. The Index shall be sufficient to aid the public in making
a focused inquiry regarding Public Records. The Index shall be posted on
the City's website and available in written form in the City Clerk's office and
in each Alameda public library.
(Subsection (b), no change.)
(c) The City Clerk Custodian of Records shall be responsible for preparing and
maintaining the Index.
(Subsections (d) and (e), no change.)"
Section 12. Section 2 -92.6 of the Alameda Municipal Code is deleted in its entirety.
Section 13. Section 2 -92.7 of the Alameda Municipal Code is amended as follows:
"2 -92.7 Public Review File— Policy Body Communications.
Every Policy Body shall maintain a communications file, organized chronologically
and accessible to any person during normal business hours, containing a copy of any
letter, memorandum or other writing pertaining to the Body's duties which the clerk or
secretary of such Body has distributed to, or sent on behalf of, a quorum of the Body
concerning a matter that has been placed on the Body's agenda within the previous 30
days or is scheduled or requested to be placed on the agenda within the next 30 days.
Excepted from the communications file shall be commercial solicitations, mail sent bulk -
rate, agenda and agenda - related material, periodical publications or communications
exempt from disclosure under the California Public Records Actor this title. Multiple -page
reports, studies or analyses which accompanied by a letter or transmittal need not be
included in the communications file; provided that the letter or memorandum of transmittal
is included in the communications file and the reports, studies or analyses are readily
available for review."
Section 14. Section 2 -92.13 of the Alameda Municipal Code is amended as follows:
"2 -92.13 Fees for Copying.
(Subsections (a) through (d), no change.)
(Subsections (f) through (i), no change, but reletter (e) through (h))."
Section 15. Section 2 -92.15 of the Alameda Municipal Code is deleted in its entirety.
Section 16. Section 2 -93.5 of the Alameda Municipal Code is amended as follows:
"2 -93.5 Declaration by and Training Requirements for Form 700 Filers.
All City employees and officials who are required to file FPPC Form 700 shall sign
an annual affidavit or declaration stating under penalty of perjury that they have read the
Sunshine Ordinance and have attended, or will attend when next offered, a training
session on the Sunshine Ordinance, to be held at least every third year, provided (a)
newly hired employees and newly elected or appointed officials shall within six months of
their hire, election or appointment either attend a training session or review the tape of
the most recent training session and (b) additional training session shall be provided when
there are substantive amendments to the Sunshine Ordinance. The Alameda City
Attorney's Office with the assistance of the Commission shall provide the training, which
training session will be taped."
Section 17. This Ordinance shall be in full force and effect from and after the expiration
of 30 days from the date of its final passage.
Mayor of the City of Alameda
Attest:
Sara Weisiger, CAy Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 19th day of April, 2016, by the following vote:
AYES: Councilmembers Ezzy Ashcraft, Dayosg, and Oddie — 3.
NOES: Councilmember Matarrese and Mayor Spencer — 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of said City this 20th day of April, 2016.
� 'a\ ��Z
Lara Weisiger, Ci " Clerk
City of Alameda
Approved as to form:
Janet . Kern, City ttorney
City Alameda