Alameda Municipal Code § 2-91 Public Access to Meetings

Whenever in this article the following words or phrases are used, they shall have the following meanings:

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.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3151 N.S., § 3, 4-19-2016; Ord. No. 3261 N.S., § 1, 2-18-20)

a. A passive meeting shall mean meetings of a passive meeting body as defined in Section 2-91.1c.

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.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3151 N.S., § 4, 4-19-2016; Ord. No. 3261 N.S., § 2, 2-18-20)

All meetings of any policy body shall be open and public, and governed by the provisions of the Ralph M. Brown Act (Government Code Sections 54950 et seq.) and of this article. In case of inconsistent requirements under the Brown Act and this article, the requirement which would result in greater or more expedited public access shall apply.

(Ord. No. 3036 N.S., § 1, 11-1-2011)

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.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3151 N.S., § 5, 4-19-2016; Ord. No. 3290 N.S, § 1, 10-6-2020)

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 (⅔) vote of the body, or, if less than two-thirds (⅔) 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.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3261 N.S., § 3, 2-18-20)

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.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3290 N.S, § 1, 10-6-2020)

a. In addition to the brief general description of items to be discussed or acted upon in open and public session, the agenda posted pursuant to Government Code Section 54954.2, any mailed notice given pursuant to Government Code Section 54954.1, and any call and notice delivered to the local media and posted pursuant to Government Code Section 54956 shall specify and disclose the nature of any closed sessions by providing all of the following information:

1. With respect to a closed session held pursuant to Government Code Section 54956.7:

LICENSE/PERMIT DETERMINATION:

Applicant(s)

The space shall be used to specify the number of persons whose applications are to be reviewed.

2. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.8:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Property:

Person(s) negotiating:

Under negotiation:

Price or Terms of payment or Both.

The space under "Property" shall be used to list an address, including cross streets where applicable, or other description or name which permits a reasonably ready identification of each parcel or structure subject to negotiation. The space under "Person(s) negotiating" shall be used to identify the person or persons with whom negotiations concerning that property are in progress. The spaces under "Under negotiation" shall be checked off as applicable to indicate which issues are to be discussed.

3. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9, either:

CONFERENCE WITH LEGAL COUNSEL

Existing litigation:

Unspecified to protect service of process

Unspecified to protect settlement posture or:

CONFERENCE WITH LEGAL COUNSEL

Anticipated litigation (check one):

As defendant (legal action being brought against the City or its agent or official)

As plaintiff (City initiating legal action)

The space under "Existing litigation" shall be used to specifically identify a case under discussion pursuant to subdivision (a) of Government Code Section 54956.9, including the case name, court, and case number, unless the identification would jeopardize the City's ability to effectuate service of process upon one (1) or more unserved parties, in which instance the space in the next succeeding line shall be checked, or unless the identification would jeopardize the City's ability to conclude existing settlement negotiations to its advantage, in which instance the space in the next succeeding line shall be checked. If the closed session is called pursuant to subdivision (b) or (c) of Section 54956.9, the appropriate space shall be checked under "Anticipated litigation" to indicate the City's anticipated position as defendant or plaintiff respectively. If more than one (1) instance of anticipated litigation is to be reviewed, space may be saved by entering the number of separate instances in the "As plaintiff City Initiating legal action" or "As defendant legal action being initiated against City's spaces or both as appropriate.

4. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.95:

LIABILITY CLAIMS

Claimant: (Specify name unless unspecified pursuant to Section 54961)

Agency claimed against: (Specify name)

5. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.96:

CONFERENCE INVOLVING A JOINT POWERS AGENCY (specify by name)

Discussion will concern: (Specify closed session description used by joint powers agency)

Name of local agency representative on joint powers agency board: (Specify name)

(Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives)

6. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957, either:

THREAT TO PUBLIC SERVICES OR FACILITIES

Name, title and agency of law enforcement officer(s) to be conferred with:

or:

PUBLIC EMPLOYEE APPOINTMENT/HIRING

Title/description of position(s) to be filled:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Position and, in the case of a routine evaluation, name of employee(s) being evaluated:

or:

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

Number of employees affected:

Employee Actions must always be listed under one of the Public Employee agenda items and must list the affected employee.

7. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957.6, either:

CONFERENCE WITH LABOR NEGOTIATORS

Name and title of City's negotiator:

Organization(s) representing:

Executive Management

Police Officers

Police Nonsworn

Firefighters

International Brotherhood of Electrical Workers (IBEW)

Management and Confidential Employees Association

Alameda City Employees Association

Unrepresented Employee: (specify title of unrepresented employee)

Anticipated issue(s) under negotiation:

Wages

Hours

Benefits

Working Conditions

Other (specify if known)

All

Where renegotiating a memorandum of understanding or negotiating a successor memorandum of understanding, the name of the memorandum of understanding:

In case of multiple items of business under the same category, lines may be added and the location of information may be reformatted to eliminate unnecessary duplication and space, so long as the relationship of information concerning the same item is reasonably clear to the reader. As an alternative to the inclusion of lengthy lists of names or other information in the agenda, or as a means of adding items to an earlier completed agenda, the agenda may incorporate by reference separately prepared documents containing the required information, so long as copies of those documents are posted adjacent to the agenda within the time periods required by Government Code Sections 54954.2 and 54956 and provided with any mailed or delivered notices required by Sections 54954.1 or 54956.

(Ord. No. 3036 N.S., § 1, 11-1-2011, eff. 2-1-2012)

a. Minutes of all closed sessions of any policy body covered by this article, with the exception of closed sessions on Charter Officer performance shall be taken by the City Clerk or designee. The City Attorney shall semi-annually make a determination of whether any closed session minutes should continue to be exempt from disclosure, based on whether disclosure would be detrimental to the City, and shall provide a report to Council.

b. Each agenda item for a policy body covered by this article that involves existing litigation shall identify the court, case number, and date the case was filed on the written agenda. For each agenda item for a group covered by this article that involves anticipated litigation, the City Attorney's Office or the policy body shall disclose at any time requested and to any member of the public whether such anticipated litigation developed into litigation and shall identify the court, case number, and date the case was filed, unless the City Attorney determines that lifting the exemption from disclosure would be detrimental to the City.

(Ord. No. 3036 N.S., § 1, 11-1-2011, eff. 2-1-2012)

a. Agendas of meetings and any other documents on file with the clerk of the policy body, when intended for distribution to all, or a majority of all, of the members of a policy body in connection with a matter anticipated for discussion or consideration at a public meeting shall be made available to the public. To the extent possible, such documents shall also be made available through the policy body's Internet site. However, this disclosure need not include any material exempt from public disclosure under this article.

b. Records which are subject to disclosure under subdivision a. and which are intended for distribution to a policy body prior to commencement of a public meeting shall be made available for public inspection and copying upon request prior to commencement of such meeting, whether or not actually distributed to or received by the body at the time of the request.

c. Records which are subject to disclosure under subdivision a. and which are distributed during a public meeting but prior to commencement of their discussion shall be made available for public inspection prior to commencement of, and during, their discussion.

d. Records which are subject to disclosure under subdivision a. and which are distributed during their discussion at a public meeting shall be made available for public inspection immediately or as soon thereafter as is practicable.

e. A policy body may charge the direct cost of duplication for a copy of a public record prepared for consideration at a public meeting. There shall be no charge for providing digital versions of documents (for example, PDFs).

(Ord. No. 3036 N.S., § 1, 11-1-2011, eff. 2-1-2012)

All information is public, though a policy body may, but is not required to, hold closed sessions:

a. With an applicant and applicant's attorney, if any, when a policy body determines it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain the license, and consistent with the requirements of Government Code Section 54956.7.

b. With its negotiator prior to the purchase, sale, exchange or lease of real property by or for the City to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.

c. Based on advice of the City Attorney, to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would likely and unavoidably prejudice the position of the City in that litigation. Litigation shall be considered pending when any of the following circumstances exist:

1. An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the City is a party, has been initiated formally; or

2. A point has been reached where, in the opinion of the policy body on the advice of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City, or the body is meeting only to decide whether a closed session is authorized pursuant to that advice or, based on those facts and circumstances, the body has decided to initiate or is deciding whether to initiate litigation.

3. A closed session may not be held under this section to consider the qualifications or engagement of an independent contract attorney or law firm, for litigation services or otherwise.

d. To discuss a claim for liability or losses consistent with Government Code Section 54956.95.

e. Based on the advice of the City Attorney, receive, discuss, and take action concerning information obtained in a closed session of a joint powers agency, consistent with Government Code Section 54956.96.

f. With the Attorney General, district attorney, City Attorney, or chief of police, or their respective deputies, or a security consultant or a security operations manager on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public's right of access to public services or public facilities.

g. To consider the appointment, employment, evaluation of performance, discipline, or dismissal of a City employee, if the policy body has the authority to appoint, employ, or dismiss the employee, or to hear complaints or charges brought against the employee by another person or employee unless the employee complained of requests a public hearing. The body may exclude from any such public meeting, and shall exclude from any such closed meeting, during the comments of a complainant, any or all other complainants in the matter. The term "employee" as used in this section shall not include any elected official, member of a policy body or applicant for such a position, or person providing services to the City as an independent contractor or the employee thereof, including but not limited to independent attorneys or law firms providing legal services to the City for a fee rather than a salary.

h. With the City's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation, consistent with Government Code Section 54957.6.

(Ord. No. 3036 N.S., § 1, 11-1-2011, eff. 2-1-2012)

Prior to any closed session, a policy body shall state the general reason or reasons for the closed session, and shall cite the statutory authority, including the specific section and subdivision, or other legal authority under which the session is being held. In the closed session, the policy body may consider only those matters covered in its statement. In the case of regular and special meetings, the statement shall be made in the form of the agenda disclosures and specifications required by Section 2-91.7 of this article. In the case of adjourned and continued meetings, the statement shall be made with the same disclosures and specifications required by Section 2-91.7 of this article, as part of the notice provided for the meeting.

In the case of an item added to the agenda as a matter of urgent necessity, the statement shall be made prior to the determination of urgency and with the same disclosures and specifications as if the item had been included in the agenda pursuant to Section 2-91.7 of this article. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law.

(Ord. No. 3036 N.S., § 1, 11-1-2011, eff. 2-1-2012)

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 Section 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.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3261 N.S., § 4, 2-18-20)

a. No policy body shall conduct any meeting, conference or other function in any facility that excludes persons on the basis of actual or presumed class identity or characteristics, or which is inaccessible to persons with physical disabilities, or where members of the public may not be present without making a payment or purchase. Whenever the City Council, a board or commission enumerated in the City Charter or Municipal Code, or any committee thereof anticipates that the number of persons attending the meeting will exceed the legal capacity of the meeting room, any public address system used to amplify sound in the meeting room shall be extended by supplementary speakers to permit the overflow audience to listen to the proceedings in an adjacent room or passageway, unless such supplementary speakers would disrupt the operation of a City office.

b. Each board and commission enumerated in the Charter shall provide sign language interpreters or note-takers at each regular meeting, provided that a request for such services is communicated to the secretary or clerk of the board or commission at least forty-eight (48) hours before the meeting, except for Monday meetings, for which the deadline shall be 4:00 p.m. of the last business day of the preceding week.

c. Each board and commission enumerated in the Charter shall ensure that accessible seating for persons with disabilities, including those using wheelchairs, is made available for each regular and special meeting.

d. Each board and commission enumerated in the City Charter or Municipal Code shall include on the agenda for each regular and special meeting the following statement: "In order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City accommodate these individuals."

e. The City Council shall seek to provide translators at each of its regular meetings and all meetings of its committees for each language requested, where the translation is necessary to enable Alameda residents with limited English proficiency to participate in the proceedings provided that a request for such translation services is communicated to the City Clerk at least 48 hours before the meeting. For meetings on a Monday or a Tuesday, the request must be made by noon of the last business day of the preceding week. The unavailability of a translator shall not affect the ability of the City Council or its committees to deliberate or vote upon any matter presented to them. In any calendar year in which the costs to the City for providing translator services under this subsection exceeds $20,000.00, the City Council shall, as soon as possible thereafter, review the provisions of this subsection.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3219 N.S., § 1, 6-5-2018)

a. Any person attending an open and public meeting of a policy body shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera, or to broadcast the proceedings, in the absence of a reasonable finding of the policy body that the recording or broadcast cannot continue without such noise, illumination or obstruction of view as to constitute a persistent disruption of the proceedings.

b. Each board and commission enumerated in the Charter shall audio record each regular and special meeting. Each such audio recording, and any audio or video recording of a meeting of any other policy body made at the direction of the policy body 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 be provided without charge on an appropriate play back device made available by the City.

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.

1. At a minimum, the City shall provide video coverage of the following meetings:

(a) City Council and all bodies associated with its members including:

(1) Alameda Reuse and Redevelopment Authority (ARRA),

(2) Successor Agency to the Community Improvement Commission (CIC),

(3) Alameda Public Finance Authority (APFA),

(4) Housing Authority Board of Commissioners (HABOC);

(b) Planning Board;

(c) Transportation Commission (TC);

(d) Economic Development Commission (EDC);

(e) Historic Advisory Board (HAB);

(f) Recreation and Park Commission;

(g) Open Government Commission.

2. All video of these meetings will be posted on the City's website for easy public access.

3. Meetings that are held in locations where video is not possible, will be recorded in a digital audio format and made available in the same internet archive as videos for the appropriate body.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3151 N.S., § 6, 4-19-2016; Ord. No. 3363 N.S., § 4, 3-5-2024)

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 (1) 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.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3261 N.S., § 5, 2-18-20)

The clerk or secretary of each board and commission enumerated in the Charter shall record the minutes for each regular and special meeting of the board or commission. The minutes shall state the time the meeting was called to order, the names of the members attending the meeting, the roll call vote on each matter considered at the meeting, the time the board or commission began and ended any closed session, the names of the members and the names, and titles where applicable, of any other persons attending any closed session, a list of those members of the public who spoke on each matter if the speakers identified themselves, whether such speakers supported or opposed the matter, a brief summary of each person's statement during the public comment period for each agenda item, and the time the meeting was adjourned. Any person speaking during a public comment period may supply a brief written summary of their comments which shall, if no more than one hundred fifty (150) words, be included in the minutes.

The draft minutes of each meeting shall be available for inspection and copying upon request no later than ten (10) working days after the meeting. The officially adopted minutes shall be available for inspection and copying upon request no later than ten (10) working days after the meeting at which the minutes are adopted. Upon request, minutes required to be produced by this section shall be made available in Braille or increased type size.

(Ord. No. 3036 N.S., § 1, 11-1-2011)

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.

(Ord. No. 3036 N.S., § 1, 11-1-2011; Ord. No. 3151 N.S., § 7, 4-19-2016)