Ordinance 3261CITY OF AlAMEDA ORDINANCE NO. 3261
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
VARIOUS PROVISIONS OF ARTICLE VIII (SUNSHINE ORDINANCE)
OF CHAPTER II (ADMINSTRATION), INCLUDING PROVISIONS
RELATED TO PUBLIC ACCESS TO PUBLIC MEETINGS AND PUBLIC
RECORDS, AND SUNSHINE ORDINANCE ENFORCEMENT
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
ORDAIN AS FOLLOWS:
Section 1: Subsections c. and d. of Section 2-91.1 (Definitions) of Chapter II of Article
VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in
redline; otherwise no change):
a. "City" shall mean the City of Alameda.
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:
1. A congregation of a majority of the members of a policy body at the same time
and place;
2. A series of gatherings, each of which involves less than a majority of a policy
body, to hear, discuss or deliberate upon any item that is within the subject matter
jurisdiction of the City, if the cumulative result is that a majority of members has
become involved in such gatherings; or
3. Any other use of personal intermediaries or communications media that could
permit a majority of the members of a policy body to become aware of an item of
business and of the views or positions of other members with respect thereto,
and to negotiate consensus thereupon.
4. "Meeting" shall not include any of the following:
(a) Individual contacts or conversations between a member of a policy body and
another person that do not convey to the member the views or positions of
other members upon the subject matter of the contact or conversation and in
which the member does not solicit or encourage the restatement of the
views of the other members;
(b) The attendance of a majority of the members of a policy body at a regional,
statewide or national conference, or at a meeting organized to address a
topic of local community concern and open to the public, provided that a
majority of the members refrains from using the occasion to collectively
discuss the topic of the gathering or any other business within the subject
matter jurisdiction of the City; or
(c) The attendance of a majority of the members of a policy body at a purely
social, recreational or ceremonial occasion other than one sponsored or
organized by or for the policy body itself, provided that a majority of the
members refrains from using the occasion to discuss any business within
the subject matter jurisdiction of this body. A meal gathering of a policy body
before, during or after a business meeting of the body is part of that meeting
and shall be conducted only under circumstances that permit public access
to hear and observe the discussion of members. Such meetings shall not be
conducted in restaurants or other accommodations where public access is
possible only in consideration of making a purchase or some other payment
of value.
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 an ad hoc committee (i.e., appointed
for a single purpose on a temporary basis) or 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:
1. The Alameda City Council;
2. Any other board enumerated in the Charter of the City of Alameda;
3. Any board, commission, committee, or other body created by ordinance or
resolution of the City Council;
4. Any committee or body, created by the initiative of a policy body as a whole;
5. Any standing committee of a policy body irrespective of its composition.
6. "Policy Body" shall not include an ad hoc committee or a committee which
consists solely of employees of the City of Alameda, unless such committee was
established by Charter or by ordinance or resolution of the City Council.
Section 2: Subsections a. of Section 2-91.2 (Passive Meetings) of Chapter II of Article
VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in
redline; otherwise no change):
a. A passive meeting shall mean 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 3: Subsection e. of Section 2-91.5 (Agenda Requirements; Regular Meetings)
of Chapter II of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is
amended, as follows (in redline; otherwise no change):
a. Twelve (12) days before a regular meeting of City Council, and seven (7) days for all
other policy bodies, the policy body shall post an agenda containing a meaningful
description of each item of business to be transacted or discussed at the meeting.
Agendas shall specify for each item of business the proposed action or a statement
the item is for discussion only. These time requirements shall apply to posting on the
internet.
b. A description is meaningful if it is sufficiently clear and specific to alert a person of
average intelligence and education whose interests are affected by the item that he
or she may have reason to attend the meeting or seek more information on the item.
The description should be brief, concise and written in plain, easily understood
English. It shall refer to any explanatory documents that have been provided to the
policy body in connection with an agenda item, such as correspondence or reports,
and such documents shall be posted with the agenda or, if such documents are of
more than one (1) page in length, made available for public inspection and copying
at a location indicated on the agenda during normal office hours.
c. The agenda shall specify the time and location of the regular meeting and shall be
posted in a location that is freely accessible to members of the public.
d. All agendas shall be posted on the City's website and the City's cable channel and
available at the Alameda Public Library. Complete agenda packets for each body
shall be posted on the City's website to the extent fiscally and technologically feasible
and shall be available for review at the Alameda Public Library and at the City Clerk's
office during normal business hours. The time for compliance with this subsection
shall be in accordance with the time of the posting of the agenda for the meeting.
e. All documents material to a matter anticipated for discussion or consideration or the
proposed action of an agenda item must accompany the agenda.
f. No action or discussion shall be undertaken on any item not appearing on the posted
agenda, except that members of a policy body may respond to statements made or
questions posed by persons exercising their public testimony rights, to the extent of
asking a question for clarification, providing a reference to staff or other resources for
factual information, or requesting staff to report back to the body at a subsequent
meeting concerning the matter raised by such testimony.
g. Notwithstanding subdivision d., the policy body may take action on items of business
not appearing on the posted agenda under any of the following conditions:
1. Upon a determination by a majority vote of the body that an accident, natural
disaster or work force disruption poses a threat to public health and safety.
2. Upon a good faith, reasonable determination by a two-thirds (2/3) vote of the
body, or, if less than two-thirds {2/3) of the members are present, a unanimous
vote of those members present, that (A) the need to take immediate action on the
item is so imperative as to threaten serious injury to the public interest if action
were deferred to a subsequent special or regular meeting, or relates to a purely
commendatory action, and (B) that the need for such action came to the attention
of the body subsequent to the agenda being posted as specified in subdivision a.
3. The item was on an agenda posted pursuant to subdivision a. for a prior meeting
of the body occurring not more than five {5) calendar days prior to the date action
is taken on the item, and at the prior meeting the item was continued to the
meeting at which action is being taken.
h. Each policy body shall ensure that agendas for regular and special meetings are
made available upon request to speech and hearing impaired persons through
telecommunications devices for the deaf, telecommunications relay services or
equivalent systems, and, upon request, to sight impaired persons through Braille or
enlarged type.
i. Each policy body shall ensure that notices and agendas for regular and special
meetings shall include the following notice:
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
Government•s duty is to serve the public, reaching its decisions in full view of the
public.
Commissions, boards, councils and other agencies of the City of Alameda exist to
conduct the citizen of Alameda•s business. This ordinance assures that deliberations
are conducted before the people and that City operations are open to the people•s
review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE
ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT
THE OPEN GOVERNMENT COMMISSION.
j. The Council Agenda will limit ceremonial presentations and proclamations to no more
than fifteen (15) minutes. If more time is needed, other arrangements should be
made.
k. Each agenda of a policy body covered by this Sunshine Ordinance shall include the
address, area code and phone number, fax number, e-mail address, and a contact
person's name for the Open Government Commission. Information on how to obtain
a free copy of the Sunshine Ordinance shall be included on each agenda.
Section 4: Subsection b. of Section 2-91 .12 (Disclosure of Closed Session
Discussions and Actions) of Chapter II of Article VIII (Sunshine Ordinance) of the
Alameda Municipal Code is amended, as follows (in redline; otherwise no change):
a. After every closed session, a policy body may in its discretion and in the public
interest, disclose to the public any portion of its discussion that is not confidential
under federal or state law, the Charter, or non-waivable privilege. The disclosure shall
be made through the presiding officer of the body or such other person, present in
the closed session, whom he or she designates to convey the information.
b. A policy body shall publicly report any action taken in closed session, as set forth
below. As part of that public report, the clerk of the policy body shall report all votes
or abstentions of every member present, and each member present may make a brief
public statement concerning the member's vote or abstention.
1 . Real Property Negotiations. Approval given to a policy body's negotiator
concerning real estate negotiations pursuant to Government Code Section
54956.8 shall be reported as soon as the agreement is final. If its own approval
renders the agreement final, the policy body shall report that approval, the
substance of the agreement and the vote thereon in open session immediately.
If final approval rests with another party to the negotiations, the body shall
disclose the fact of that approval, the substance of the agreement and the body's
vote or votes thereon upon inquiry by any person, as soon as the other party or
its agent has informed the body of its approval. If notwithstanding the final
approval there are conditions precedent to the final consummation of the
transaction, or there are multiple contiguous or closely located properties that are
being considered for acquisition, the document referred to in subdivision b. of this
section need not be disclosed until the condition has been satisfied or the
agreement has been reached with respect to all the properties, or both.
2. Litigation. Direction or approval given to the body's legal counsel to prosecute,
defend or seek or refrain from seeking appellate review or relief, or to otherwise
enter as a party, intervener or amicus curiae in any form of litigation as the result
of a consultation pursuant to Government Code Section 54956.9 shall be
reported in open session as soon as given, or at the first meeting after an adverse
party has been served in the matter if immediate disclosure of the City's intentions
would be contrary to the public interest. The report shall identify the adverse party
or parties, any co-parties with the City, any existing claim or order to be defended
against or any factual circumstances or contractual dispute giving rise to the
City's complaint, petition or other litigation initiative.
3. Employee Actions. Action taken to appoint, employ, dismiss, transfer or accept
the resignation of a public employee in closed session pursuant to Government
Code Section 54957 shall be reported immediately in a manner that names the
employee, the action taken and position affected and, in the case of dismissal for
a violation of law or of the policy of the City, the reason for dismissal, unless the
City Attorney determines that disclosure would be detrimental to the City .
.. Dismissal .. within the meaning of this article includes any termination of
employment at the will of the employer rather than of the employee, however
characterized.
4. Collective Bargaining. Any collectively bargained agreement shall be made
publicly available at least fifteen {15} calendar days before the meeting of the
policy body to which the agreement is to be reported. At a City Council meeting
no less than thirty (30) days before the initiation of bargaining of a new or
extended collectively bargained agreement, the City Manager shall report the
initiation of bargaining and the collectively bargained agreement shall be publicly
made available.
c. Reports required to be made immediately may be made orally or in writing, but shall
be supported by copies of any contracts, settlement agreements, or other documents
related to the transaction that were finally approved or adopted in the closed session
and that embody the information required to be disclosed immediately shall be
provided to any person who has made a written request regarding that item following
the posting of the agenda, or who has made a standing request for all such
documentation as part of a request for notice of meetings pursuant to Government
Code Sections 54954.1 or 54956.
d. A written summary of the information required to be immediately reported pursuant
to this section, or documents embodying that information, shall be posted by the close
of business on the next business day following the meeting, in the place where the
meeting agendas of the body are posted.
e. The City Attorney's office shall prepare and present on the City Council Consent
Calendar, a list of documents which have been determined to be public after
previously being determined to be unavailable to the public. This list shall be
presented at least semi-annually and available on the City's website.
Section 5: Subsection b. and e. of Section 2-91.15 (Public Testimony) of Chapter II of
Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows
(in redline; otherwise no change):
a. Every agenda for regular meetings shall provide, before undertaking regular
business and again at the end of the meeting, an opportunity for members of the
public to directly address a policy body on items of interest to the public that are within
the policy body•s subject matter jurisdiction, provided that no action shall be taken on
any item not appearing on the agenda unless the action is otherwise authorized by
Section 2-91 .5e of this article. The Council agenda shall provide up to fifteen (15)
minutes for this use. However, in the situation of the City Council, the agenda does
not have to provide an opportunity for members of the public to address the Council
on any item that has been considered by a subcommittee comprised only of
Councilmembers at a public meeting, unless the item has been substantially changed
since the subcommittee heard the item. The City Council shall have the authority to
determine whether the item has been substantially changed.
1. If the number of speakers interested in speaking under .. Public Comment/Non-
Agendized Items .. exceeds the 15-minute period, additional time will be made
available at the end of the meeting.
2. In the instance where more speakers than can be accommodated within fifteen
{15) minutes have signed up to speak, the City Clerk•s office will randomly select
the order in which speakers will be chosen to speak at the beginning of the
meeting.
b. Every agenda for regular or special meetings at which action is proposed to be taken
on an item shall provide, consistent with Council policy, an opportunity for each
member of the public to directly address the body concerning that item before taking
action. Public comments on closed session items shall be taken before the closed
session is convened.
c. A policy body shall not abridge or prohibit public criticism of the policy, procedures,
programs or services of the City, or of any other aspect of its proposals or activities,
or of the acts or omissions of the body, on the basis that the performance of one or
more public employees is implicated, or on any basis other than reasonable time
constraints adopted in regulations pursuant to subdivision b. of this section.
d. To facilitate public input, any agenda changes or continuances shall be announced
by the presiding officer of a policy body at the beginning of a meeting, or as soon
thereafter as the change or continuance becomes known to such presiding officer.
e. The City shall take reasonable steps to ensure staff reports, presentations,
comments from parties with a direct connection to the agenda item, and council
questions are to be presented before the public has an opportunity to speak so as to
provide the fullest opportunity for public input on all issues before the board,
commission or council. This subsection should not be construed to constrain a policy
body's authority to consider or pose questions concerning any reports, presentations,
comment, or testimony following public comment.
Section 6: Subsection c. of Section 2-92.2 (Responsibilities of Staff) of Chapter II of
Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows
(in redline; otherwise no change):
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.
b. The City Clerk .. City Custodian of Records .. shall, during normal hours of operation,
without unreasonable delay, and without requiring an appointment, permit any person
to inspect Public Record(s). The Custodian of Records of the Police Department shall
during normal hours of operation, without unreasonable delay, and without requiring
an appointment, permit any person to inspect Public Record(s). The custodians may
establish reasonable limits to ensure orderly functioning of the office and protect
records from theft or damage.
c. Every "Custodian of Records" shall following receipt of a request for a Public Record,
respond to such request within the time frames and in the manner set forth in the
Public Records Act, except as otherwise provided for by this Ordinance.
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.
f. While not required, a written request is recommended in order to create a paper trail
for the convenience and reference of the requestor.
g. Record requests made by email must be acknowledged with an email response to
the sender.
Section 7: Subsection c. of Section 2-92.4 (Notices and Posting of Information) of
Chapter II of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is
amended, as follows (in redline; otherwise no change):
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 so long as a link to such documents is made available on the City's
website).**
*These documents may be removed from the Cityls Website four (4) years after they
are filed or adopted.
** These documents may be removed from the Cityls Website once the project that
relates to the environmental documents has been built out.
b. Each policy body shall have posted on the Cityls 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 City1S website is updated on a
weekly basis.
c. Large documents, such as drafts and final copies of City budgets and records
concerning environmental impacts, including but not limited to, those resulting from
compliance with the California Environmental Quality Act (CEQA) and the National
Environmental Protection Act (NEPA), shall be posted on the City1S website
consistent with subsection a. above and made available at designated City offices
with copies available for borrowing by the public at each Alameda public library.
d. Notices shall be written in easily understood language without undefined
abbreviations or acronyms and give a full description of the subject, applicable
regulations, significant consequences of taking action or non-action, when and where
the subject will be considered, opportunities for public comment, and where to obtain
further information.
e. The Open Government Commission shall review public notices to ensure that they
conform to the requirements of this article and work to improve publicly accessible
information databases to ensure consistency, equity, timing, and extent of noticing
for meetings and other matters of public interest.
f. Right to notice regarding matters that may impact the physical environment shall be
equivalent for residential and commercial tenants and property owners.
g. Meetings on matters related to or actions taken in anticipation of a potential
development project or other land use matter, such as but not limited to grant
applications, project funding, and ordinance changes, including but not limited to,
General Plan and area plan amendments or rights transfers, shall be noticed at least
as extensively as is required for meetings on said projects.
h. Online Public Records Repository. The City shall maintain an online repository of
public documents on a publicly accessible website. The repository will allow the public
to download any document in the repository in its entirety.
1. Documents in the repository shall be searchable at a minimum by title, date,
author(s), and related City department(s).
2. Public documents should routinely be published to the public records repository
by default. Documents are not required to be added to the repository where it
would be cost prohibitive to do so.
Section 8: Subsections a. of Section 2-92.9 (Disclosure Requests) of Chapter II of
Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows
(in redline; otherwise no change):
a. A Custodian of Records shall make good faith efforts to comply within a shortened
timeframe that has been reasonably justified by a records requester by the facts of
his or her situation, e.g. the requester needs the documents for a hearing scheduled
the next day. A request to inspect or obtain copies of public records that is submitted
to any department or to any policy body shall receive a response within the time
frames and in the manner set forth in this Ordinance and the Public Records Act,
unless the requestor is advised in writing that additional time is needed to determine
whether:
1. The request seeks disclosable public records or information;
2. The requested records are in the possession of the department processing the
request;
3. The requested records are stored in a location outside of the department;
4. The requested records likely comprise a voluminous amount of separate and
distinct writings;
5. The requested records reasonably involve another department or other local or
state agency that has a substantial subject matter interest in the requested
records and which must be consulted in connection with the request.
b. Additional time shall not be permitted to delay a routine or readily answerable
request.
c. The person seeking the information need not state a reason for making the request
or the use to which the information will be put, but may be advised that providing such
information may help the City assist the person finding all documents responsive to
their request.
d. Unless the record request will be satisfied within one business day, an
acknowledgement of receipt of the request or notification that additional time is
needed pursuant to subsection a. of this section shall be sent to the requestor if an
address has been provided.
e. A records request may be satisfied, where appropriate, by sending a web link to the
requester where the records can be downloaded or inspected.
Section 9: Subsection a. of Section 2-93.2 (Complaint Procedures Regarding Alleged
Violations of Sunshine Ordinance) of Chapter II of Article VIII (Sunshine Ordinance) of
the Alameda Municipal Code is amended by adding a new subsection e., as follows (in
redline; otherwise no change):
a. A complainant must file a complaint no more than fifteen (15) days after an alleged
violation of the Sunshine Ordinance.
b. Upon filing of an official complaint form (including submittal of all evidence) with the
City Clerk's Office, the complainant and the City (as respondent) shall appear at a
hearing scheduled, in consultation with all relevant parties, including the Commission
members, no later than thirty (30) business days from the date the complaint is filed
unless all relevant parties agree to a later date. A complainant's failure to respond to
communications from the City Clerk's Office, after reasonable attempts have been
made using all reasonably available means of making contact with complainant,
related to setting the hearing may lead to a forfeiture of the complaint. During this
hearing the Commission will provide the parties with the chance to present evidence
and make arguments. The Commission may render an oral tentative decision, or a
formal written decision, on the matter at the conclusion of the hearing. If the
Commission renders an oral tentative decision on the matter at the conclusion of the
hearing, it will render a formal written decision on the matter at a continued meeting
within 30 business days of the conclusion of the hearing, or at its next regular
meeting, whichever is sooner.
c. No complaint will be accepted by the Commission against a member of the City
Council or an officially declared candidate within forty-five (45) days of a City election.
Section 10: Section 2-93.7 (Sunshine Ordinance Supersedes All Other Local Laws) of
Chapter II of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is
amended, as follows (in redline; otherwise no change):
To the extent permitted by law, the provisions of this Sunshine Ordinance supersede
other local laws. Whenever a conflict in local law is identified, the requirement which would
result in greater or more expedited public access to public information shall apply.
Section 11: Subsections a. and b. of Section 2-93.8 (Penalties) of Chapter II of Article
VIII (Sunshine Ordinance) of the Alameda Municipal Code is amended, as follows (in
redline; otherwise no change):
a. If the Commission finds a violation of Section 2-91 (PUBLIC ACCESS TO
MEETINGS), the Commission may recommend to the originating body steps
necessary to cure or correct the violation. The Commission may impose a two
hundred fifty ($250.00) dollar fine on the City for a subsequent similar violation, and
a five hundred ($500.00) dollar fine for a third similar violation, that occurs within the
same 12-month period as the first violation.
b. If the Commission finds a violation of Section 2-92 (PUBLIC INFORMATION), the
Commission may recommend to the City steps necessary to cure or correct the
violation . The Commission may impose a two hundred fifty ($250.00) dollar fine on
the City for a subsequent similar violation, and a five hundred ($500.00) dollar fine for
a third similar violation, that occurs within the same 12-month period as the first
violation.
c. Fines shall be used for records retention technology, and/or Sunshine Ordinance
training and education.
d. A person who makes more than two (2) complaints in one (1) 12-month period that
are determined by the Commission to be unfounded shall be prohibited from making
a complaint for the next five (5) years.
Section 12: 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 13: 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 14: 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 15: 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:
t!isig�lerk
*****
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 this 18th day of February, 2020 by the following vote to wit:
AYES: Councilmembers Daysog, Oddie and Mayor Ezzy Ashcraft -
3.
NOES: Councilmembers Knox White and Vella-2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 19th day of February, 2020.
Approved as to form:
Yibin Shen, , ,
City of A�eda
City of Alameda