pages: CityCouncil/2011-10-18.pdf, 5
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CityCouncil | 2011-10-18 | 5 | The Acting City Attorney suggested a sentence be added stating that the time limits of the Brown Act shall not be tolled pending any action to cure an alleged violation of the Sunshine Ordinance; stated there is a very short time window for curing and correcting an action under the Brown Act; the remedy would be to declare a decision null and void. The City Manager stated most appeals would be from people unhappy with the OGC not finding the City in violation; allowing an appeal to Council would not add value to the process; people need a venue to complain about lack of transparency, but accountability is also needed; urged that Council stay away from appeals. The City Clerk noted Sections 2-91.8, 2-92.8(g), and 2-93.2 address appeals to the Council. Mayor Gilmore stated that she does not think Council is the right body to hear appeals; suggested striking all references regarding appeals to Council. Vice Mayor Bonta stated there might be exceptions; that he does not think Council would be inherently compelled to recuse itself; that he understands the discomfort in some areas; other situations might make sense for Council to be an appellate body. Mayor Gilmore stated Council would know the result of the OGC's finding if noticing was not done correctly; noticing provisions could be changed; clerical errors have occurred in the past and re-noticing has been done. In response to Vice Mayor Bonta's inquiry about whether self-curing eliminates the discretion to issue a fine, the Acting City Attorney stated the OGC could have the discretion to order the matter null and void, cure and correct, and impose a fine. Councilmember Johnson stated fines should go into a specific fund. Mayor Gilmore stated as the ordinance is written now, a cure and correct action would be placed on a subsequent meeting agenda; language should be clarified that the matter should be placed on the next available meeting agenda; a subsequent meeting agenda could be three months out. Councilmember Tam stated sometimes a body has difficulty getting a quorum. Mayor Gilmore stated a special meeting could be called, if needed. In response to Councilmember deHaan's inquiry regarding appeals, the City Manager stated that he does not see the issue as a recusal problem; the courts could remedy the situation if a person believes that the law has been violated; a swift and just process is important; that he does not think it is in the interest of Council to become an appeal court for the Sunshine Ordinance. Regular Meeting Alameda City Council 5 October 18, 2011 | CityCouncil/2011-10-18.pdf |