Ordinance 3363 Section 3. 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.
dA,-ee4-,-- adiAl/raiF
Pr iding 1hiof the City Council
Attest:
l'fii7 -&\ LA-
Lara Weisiger, City Cler
City of Alameda
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in regular meeting
assembled on the 2dd day of January 2024, by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Jensen, Vella
and Mayor Ezzy Ashcraft — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 3rd day of January 2024.
/191/v-‘
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Yibin Shen, it ttorney
City of da
CITY OF ALAMEDA ORDINANCE NO. 3363
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SECTION 2-
22 (OPEN GOVERNMENT COMMISSION) AND ARTICLE VIII (SUNSHINE
ORDINANCE) OF CHAPTER II (ADMINISTRATION) TO ESTABLISH A
HEARING OFFICER FORM OF ADJUDICATION OF SUNSHINE
ORDINANCE COMPLAINTS, CLARIFY ENFORCEMENT PROVISIONS, AND
REVISE THE DUTIES OF THE OPEN GOVERNMENT COMMISSION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES ORDAIN AS
FOLLOWS:
Section 1: Section 2-22.1 (Commission Created; Purpose) of Article II (Boards and
Commissions) of Chapter II (Administration) of the Alameda Municipal Code is amended, as
follows (in redline; otherwise no change):
2-22.1 — Commission Created; Purpose.
There is hereby created a Commission which shall be known as the Open Government
Commission, whose purpose shall be to advise the City Council on administration of the
Sunshine Ordinance.
Section 2: Section 2-22.4 (Duties of Commission) of Article II (Boards and Commissions)
of Chapter II (Administration) of the Alameda Municipal Code is amended, as follows (in
redline; otherwise no change):
2-22.4 — Duties of Commission.
It shall be the duty of the Open Government Commission to:
a. Provide assistance to the Council or the City on matters or tasks specifically assigned
to the Commission by the Council, consistent with the Commission's purpose;
b. Advise City Council on appropriate ways to implement the Sunshine Ordinance;
c. Develop goals to ensure practical and timely implementation of the Sunshine
Ordinance;
d. From time to time as the Commission sees fit, issue public reports evaluating
compliance with the Sunshine Ordinance by the City or any Department, Office, or
Official thereof.
e. The commission will meet as needed. Members of the Commission shall serve without
compensation.
Section 3: Section 2-22.5 (Composition of Commission; Special Terms, Qualifications,
and Conditions) of Article II (Boards and Commissions) of Chapter II (Administration) of the
Alameda Municipal Code is amended, as follows (in redline; otherwise no change):
2-22.5 — Composition of Commission; Special Terms, Qualifications, and Conditions.
d. The Commission shall be assisted, advised and generally staffed at meetings and
functions by a licensed attorney from or designated by the City Attorney's Office, when
legal services are necessary, and by a representative of the City Clerk's office.
Section 4: Section 2-91.14 (Video and Audio Recording, Filming, and Still Photography) of
Section 2-91 (Public Access to Information) of Article VIII (Sunshine Ordinance) of the
Alameda Municipal Code is amended as follows (in redline, otherwise, no change)
2-91.14 —Video and Audio Recording, Filming, and Still Photography
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 for livestreaming. All
recordings will be archived indefinitely in digital form at a centralized location on the City's
website within seventy-two (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 7920.000 et seq.), and shall not be erased or destroyed. Inspection of any
such recording shall also be provided without charge on an appropriate playback 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.
Section 5. Section 2-92.1 (Release of Documentary Public Information) of Section 2-92
(Public Information) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is
amended, as follows (in redline form; otherwise no change.)
2-92.1 — Release of Documentary Public Information
Release of public records by a body or by any department, whether for inspection of the
original or by providing a copy, shall be governed by the Public Records Act in any particulars
not addressed by this chapter. The provisions of Government Code Section 7922.570
through 7922.585 are incorporated herein by reference.
Section 6. Section 2-92.8 (Non-Exempt Public Information) of Section 2-92 (Public Access
to Information) of Article VIII (Sunshine Ordinance) of the Alameda Municipal Code is
amended, as follows (in redline form; otherwise no change).
Section 2-92.8 Non-Exempt Public Information
Notwithstanding any right or duty to withhold certain information under the California Public
Records Act or other laws, the following shall govern specific types of requests for documents
and information: