Title
Introduction of Ordinance 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. (City Attorney)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City Council approved a referral to the Open Government Commission (Commission) to consider potential amendments to the Sunshine Ordinance to address the setting and noticing of special meetings, in a manner that enhances civic engagement. Staff has obtained input and a recommendation from the Commission and has prepared a draft ordinance largely to transmit the Commission’s recommendations to the Council with slight modifications as discussed further below.
BACKGROUND
Council Referral
On June 2, 2020, Councilmember Vella requested a referral to the Commission to consider amendments to the Sunshine Ordinance concerning special meeting noticing requirements. The item was heard on and continued to the City Council’s June 16, 2020 regular meeting. See Exhibit 1 (Councilmember Vella Referral re Special Meetings).
At the June 16 meeting, Councilmember Vella asked that the City Council approve the referral and to send the item for initial consideration by the Commission. Councilmember Vella’s referral states the purpose of the referral is to consider amending noticing requirements for special meetings with the interests of “transparency and in increasing public engagement” in mind. The item and the Commission’s recommendation would then return to the City Council for consideration.
On June 24, 2020, in light of City Council direction, the 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.
Commission Direction
On June 24, 2020, in light of Councilmember Vella’s referral, members of the Commission offered their thoughts on the City Council referral. For example, some members of the Commission echoed the concerns expressed by Councilmember Vella that special meetings should be set in a manner maximizing civic engagement. The Commission, by motion, offered the following direction:
1. Expand notification of special meetings, including social media and other forms of notification (e.g., opt-in list to receive text notifications of meetings).
2. Consider requiring all notices of special meetings be published twelve (12) days in advance for the City Council and subordinate boards and commissions.
3. Provide notice of “emergency meetings” (beyond the City of Alameda’s control) seven (7) days prior to such meeting, or in a manner required or permitted by an applicable statute or similar law, regulation, or order-e.g., the Brown Act provisions relating to this topic.
4. Preserve the requisite notice for closed session items (e.g., litigation, labor negotiations, real property negotiations, etc.), which is seven (7) days prior to the item being considered.
On August 3, 2020, staff presented the Commission with a proposed ordinance in light of the Commission’s previous comments. The Commission provided additional guidance, which has been incorporated into the attached draft ordinance.
DISCUSSION
Summary of Amendments to Alameda Municipal Code (AMC)
Existing Law
Under existing local law, calling a special meeting requires that such meetings be convened with seven (7) days’ written notice to each member of the body holding the special meeting or members of the media who have specifically requested such notice. For ease of reference, AMC Section 2-91.4.f is reproduced in its entirety below:
f. Special meetings of any policy body, including passive meeting bodies that choose to establish regular meeting times, may be called at any time by the presiding officer thereof or by a majority of the members thereof, by delivering personally or by mail written notice to each member of such body and the local media who have requested written notice of special meetings in writing. Such notice of a special meeting shall be delivered as described herein at least seven (7) days before the time of such meeting as specified in the notice, with the exception of any urgent matter beyond the control of the City. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the presiding officer or secretary of the body a written waiver of notice. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Each special meeting shall be held at the regular meeting place of the body except that the body may designate an alternate meeting place provided that such alternate location is specified in the notice of the special meeting.
AMC Section 2-91.6.d. further requires the City to maintain an email list to push out meeting notifications. That section currently reads:
d. The City shall maintain an email notification list in order to allow any individual to sign up to automatically receive meeting agendas, updates on projects, notification of issues that impact entire neighborhoods.
Proposed Amendments
Below is a summary of proposed amendments:
1. Special Meeting Notifications. Require special meetings to be noticed as before by mail to members of the body and members of the media. In addition, require notification through social media accounts maintained by the City through its Public Information Officer. Doing so will allow the City to maintain a measure of control over such notifications. Further, the City will also consider providing notice using “any other electronic means” (e.g., texting) approved by the City Clerk to ensure the additional methods of notification is necessary and both technologically and financially feasible. The Commission clarified that the purpose of this amendment is to ensure that the other electronics means are used to the greatest extent practicable, subject to considerations of technological and financial feasibility. This language is included in the draft ordinance. Finally, internal code references were included to highlight other means already set forth in the Sunshine Ordinance, including posting to the city’s website, hard copies available in the City Clerk’s Office and the Alameda Free Library, etc., in addition to the city’s email notification distribution list, which City staff recommends be amended, as noted below.
2. Amount of Notice. Except as otherwise provided, the Commission recommends that special meetings must provide notice at least twelve (12) days prior to the meeting date, regardless of the amount of notice required for regular meetings of such bodies. For the City Council, this means that regular and special meetings will have the same noticing period (12 days). For Boards and Commissions, this means that noticing periods for special meetings will be longer than regular meetings (12 days for special meetings and 7 days for regular meetings).
3. “Emergency Meetings”. For special meetings that must be convened in fewer than twelve (12) days due to urgent or emergency circumstances, local law will continue to follow state law’s authorization for such meetings, such as provisions of the Brown Act, codified at Government Code Sections 54956.5 (waving notice requirements for “emergency situation”) and 54954.2(b) (action on items not on the agenda under certain urgent or emergency conditions).
Staff is not recommending imposing an intermediate 7-day requirement for certain subsets of items as previously suggested by the Commission. Consistent with state law, staff recommends setting one specific time limit for special meetings (in this case the Commission recommended 12 days), and then permit necessary flexibility for urgent or emergency matters. Creating an additional layer of 7-day notification items only serves to create community confusion while not adequately addressing the need to respond to urgent or emergency issues.
4. Preserve Status Quo for Closed Session and City-Sponsored Meetings or Functions. Additional language is included in the Sunshine Ordinance to clarify that the proposed amount of notice required for special meetings-twelve days--would not apply to closed session special meetings. Instead, the amount notice required for those meetings would remain seven (7) days, (or less if necessary to address an urgent or emergency situation as authorized by State law).
In addition, although preserving the status quo on closed session meetings was discussed with the Commission, the Commission did not discuss whether to retain the existing 7-day notice period for city-sponsored functions organized to discuss matters of public concern. The City’s custom and practice, consistent with existing law, has been to provide seven days’ notice of these meetings or functions where a quorum (or more) of the City Council is planning to, or has been invited to, attend. For example, on January 29, 2020, the City Clerk noticed a “special meeting” for the City Council “to attend a City Aquatic Center Design Community Input Meeting.” Staff recommends retaining the seven days’ notice for these types of “special meetings.”
5. Email Distribution List. The City currently maintains an email notification list. The Commission is recommending that minor amendments be made to clarify that any individual can request to be added to that email distribution list to obtain notice of meetings and agendas for any board or commission, in addition to that of the City Council.
A redlined copy of the proposed revisions to the Sunshine Ordinance, including those recommended by the Commission with which Staff agrees, is attached as Exhibit 2.
FINANCIAL IMPACT
The costs associated with setting and noticing meetings are included in the City Clerk’s budget. There is no financial impact from the proposed action.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the AMC.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment. This action is not a project pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378(b).
CLIMATE IMPACTS
There is no climate impact associated with this action.
RECOMMENDATION
Introduce an ordinance amending the Alameda Municipal Code by amending various provisions of Article VIII (Sunshine Ordinance) of Chapter II (Administration), including provisions related to the Setting and Noticing of Special Meetings, and Electronic Notification of Agendas and Meetings.
CITY MANAGER RECOMMENDATION
No recommendation.
Respectfully submitted,
John D. Lê, Assistant City Attorney
Financial Impact section reviewed,
Nancy Bronstein, Interim Finance Director
Exhibits:
1. Councilmember Vella Referral
cc: Eric Levitt, City Manager