Ordinance 3290CITY OF ALAMEDA ORDINANCE NO. 3290
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
VARIOUS PROVISIONS OF ARTICLE VIII (SUNSHINE ORDINANCE)
OF CHAPTER II (ADMINISTRATION) CONCERNING SPECIAL
MEETINGS, INCLUDING THE SETTING AND NOTICING OF SUCH
AND OTHER MEETINGS
WHEREAS, on June 16, 2020, the City Council approved a referral to the Open
Government Commission to consider amendments to the Sunshine Ordinance
concerning special meeting noticing requirements, the purpose of which was to consider
amending noticing requirements for special meetings with the interests of "transparency
and in increasing public engagement" in mind; and
WHEREAS, on June 24, 2020, in light of City Council direction, the Open
Government Commission ("Commission") considered potential amendments to the
Sunshine Ordinance regarding special meetings and directed staff to return with a draft
ordinance for its consideration, as a means of facilitating a recommendation to the City
Council; and
WHERAS, on August 3, 2020, City staff presented the Commission with a
proposed ordinance in light of the Commission's previous comments, and the
Commission provided additional guidance; and
WHEREAS, extending the special meeting notification period from seven days to
twelve days will enhance civic engagement and participation; and
WHEREAS, given the nature of closed session meetings, retaining the existing
notification threshold beneficially provides the City with reasonable flexibility to timely act
as necessary; and
WHEREAS, adoption of this ordinance is exempt from review under the California
Environmental Quality Act ("CEQA") under CEQA Guidelines Sections 15378 (not a
project) and 15061 (b)(3) (no significant environmental impact); and
WHEREAS, by the staff report, testimony, and documentary evidence presented
at the September 15, 2020 City Council meeting, the City Council has been provided with
additional information upon which the findings and actions set forth in this ordinance are
based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
ORDAIN AS FOLLOWS:
Section 1: Section 2-91.4 of the Alameda Municipal Code is 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.
b. Unless otherwise required by state or federal law or necessary to inspect real
property or personal property which cannot be conveniently brought within the
territory of the City of Alameda or to meet with residents residing on property owned
by the City, or to meet with residents of another jurisdiction to discuss actions of the
policy body that affect those residents, all meetings of its policy bodies shall be held
within the City of Alameda.
c. If a regular meeting would otherwise fall on a holiday, it shall instead be held on the
next business day, unless otherwise rescheduled in advance.
d. If, because of fire, flood, earthquake or other emergency, it would be unsafe to meet
at the regular meeting place, meetings may be held for the duration of ,the
emergency at some other place specified by the policy body. The change of
meeting site shall be announced, by the most rapid means of communication
available at the time, in a notice to the local media who have requested written
notice of special meetings pursuant to Government Code Section 54956.
Reasonable attempts shall be made to contact others regarding the change in
meeting location.
e. Meetings of passive meeting bodies as specified in Section 2-91.2a. of this article
shall be preceded by notice delivered personally or by mail, e-mail, facsimile as
reasonably requested by at least four (4) 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. Notice for all such meetings, except
for closed session special meetings and city-sponsored functions to which policy
body members have been invited or may attend, shall be provided at least twelve
(12) days before the time of such meeting by the following means: (1) 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; (2) social
media platforms maintained by the City through its Public Information Officer and
any other electronic means approved by the City Clerk, with the objective of
providing notice by as many means as practicable, if technologically and financially
feasible; and (3) other means set forth in this Article, including subsections (d) of
Sections 2-91.5 (web posting of agendas and copies in City Clerk's Office and
Public Library) and 2-91.6 (email notification list). Notice of closed session special
meetings and city-sponsored functions to which policy board members have been
invited or may attend, shall be provided at least seven (7) days in advance. The
notice requirements described herein shall not apply to meetings or actions taken
pursuant to any urgent or emergency situation as authorized by state law, including
but not limited to Government Code Sections 54956.5, 54954.2(b) and their
successor legislation. 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.
g. If a meeting must be canceled, continued or rescheduled for any reason, notice of
such change shall be provided to the public as soon as is reasonably possible,
including posting of a cancellation notice in the same manner as described in
section 2-91.5c, and mailed notice if sufficient time permits.
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 2: Section 2-91.6 of the Alameda Municipal Code is amended as follows:
2-91 .6 -Public Notice Requirements.
a. Any public notice that is mailed, posted or published by a City department, board,
agency or commission to residents residing within a specific area to inform those
residents of a matter that may impact their property or that neighborhood area,
shall be brief, concise and written in plain, easily understood English.
b. The notice should inform the residents of the proposal or planned activity, the
length of time planned for the activity, the effect of the proposal or activity, and a
telephone contact for residents who have questions.
c. If the notice informs the public of a public meeting or hearing, then the notice shall
state that persons who are unable to attend the public meeting or hearing may
submit to the City, by the time the proceeding begins, written comments regarding
the subject of the meeting or hearing, that these comments will be made a part of
the official public record, and that the comments will be brought to the attention of
the person or persons conducting the public meeting or hearing. The notice should
also state the name and address of the person or persons to whom those written
comments should be submitted.
d. The City shall maintain an email notification list in order to allow any individual to
sign up to automatically receive notice of meetings and agendas for the City
Council, in addition to any City Board or Commission, updates on projects, and
notification of issues that impact entire neighborhoods.
Section 3: IMPLIED REPEAL
Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to effectuate this Ordinance.
Section 4: CEQA DETERMINATION
The City Council finds and determines that the adoption of this ordinance is exempt from
review under the California Environmental Quality Act (CEQA) pursuant to the following,
each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project)
and Section 15061 (b)(3) (no significant environmental impact).
Section 5: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this Ordinance are severable.
The City Council declares that it would have enacted each section, subsection,
paragraph, subparagraph and sentence notwithstanding the invalidity of any other
section, subsection, paragraph, subparagraph or sentence.
Section 6: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30)
days from the date of its final passage.
Attest:
*****
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 sth day of October, 2020, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Councilmembers Daysog, Knox White, Oddie, Vella and Mayor
Ezzy Ashcraft-5.
None.
None.
None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 7th day of October, 2020.
Approved as to form:
Lara Weisiger,Cilel'k
City of Alameda