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File #: 2021-1101   
Type: Regular Agenda Item
Body: City Council
On agenda: 9/7/2021
Title: Introduction of Ordinance Amending the Alameda Municipal Code, Including Article VIII (Sunshine Ordinance) of Chapter II (Administration) to Clarify Enforcement Provisions and Provide for Other Updates and Enhancements to the Sunshine Ordinance. (City Attorney 10023040) [Not heard on July 20, 2021]
Attachments: 1. Exhibit 1 - Subcommittee's Proposal, 2. Exhibit 2 - Newly Installed Commission Proposal, 3. Ordinance - Sunshine, 4. Correspondence - Updated 9/7
Title
Introduction of Ordinance Amending the Alameda Municipal Code, Including Article VIII (Sunshine Ordinance) of Chapter II (Administration) to Clarify Enforcement Provisions and Provide for Other Updates and Enhancements to the Sunshine Ordinance. (City Attorney 10023040) [Not heard on July 20, 2021]
Body

To: Honorable Mayor and Members of the City Council

EXECUTIVE SUMMARY

In February 2020, based on staff's recommendation, the City Council removed the null-and-void remedy from the Sunshine Ordinance and directed staff to work with the Open Government Commission ("Commission") to review impacts of this decision. Staff has conducted a number of meetings with the Commission and considered several proposals, including a proposal by the newly-constituted Commission.

During the course of this collaboration with the Commission, staff observed an uptick in the number of Sunshine Ordinance hearings and the difficulty the Commission faces in adjudicating such matters. Accordingly, staff recommended moving toward a hearing officer model of Sunshine Ordinance complaint adjudication, in addition to making other updates and enhancements, including furnishing updated language for the now-excised null-and-void remedy.

On June 1, 2021, the City Council declined to adopt the proposed ordinance, and directed staff to return with an ordinance that includes only the updated remedies language (and other related updates and enhancements) for introduction and adoption as soon as possible. Accordingly, staff had presented the proposed ordinance in response to this June 1, 2021 City Council direction, placing it on the Council's July 20, 2021 regular meeting agenda. The item was ultimately continued to this evening's meeting.

BACKGROUND

On November 1, 2011, the City Council amended the Alameda Municipal Code ("AMC") to add a new Article VIII (Sunshine Ordinance) to Chapter II (Administration), which is codified beginning at Section 2.90.

On December 18, 2019, based on di...

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