HomeMy WebLinkAbout12 LEGISLATIVE REPORTS: AB 715 06-02-09Agenda Item 12
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Reviewed:
"'"~ L1V ~l ~ ~1Z ~1 O~ 1 City Manager
.~ Finance Director NIA
MEETING DATE
TO:
FROM:
SUBJECT:
JUNE 2, 2009
WILLIAM HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
LEGISLATIVE REPORTS: SUPPORT ASSEMBLY BILL 715
(CABALLERO)
SUMMARY:
The California City Clerk's Association of California has sponsored Assembly Bill 715 (Caballero)
to eliminate the requirement to publish Ordinances in a newspaper. Government Code Section
36933 currently requires cities with adjudicated newspapers to publish all of their ordinances. The
Tustin News was an adjudicated newspaper until October of 2001 when it merged with the Orange
County Register and no longer published in the City. The City has since posted the ordinances in
manner prescribed by law, but with passage of proposed Bill would allow the City to post all
ordinances on the Internet thus providing better accessibility to the citizens of our community.
RECOMMENDATION:
Staff recommends that the City Council send a letter of support for Assembly Bill 715 to the
author and local legislators.
FISCAL IMPACT:
There is no direct fiscal impact to the City.
BACKGROUND:
Assembly Bill has successfully passed the Assembly Floor by a unanimous 75-0 vote and is
now being considered by the Senate. This Bill would allow the option of posting ordinances on
the Internet instead of publishing in the newspaper. If the Internet option is used, then the City
must also mail specific notice to those who have filed a written request for such notices.
This Bill meets the expectations of today's citizenry who are looking for free, broad, and
immediate access to information. It also meets the needs of residents who cannot afford paid
newspaper subscriptions and relieves the financial burden of paying costly legal advertising
rates for ordinances that requires publication.
This bill is officially supported by the League of California Cities and the City Clerks Association
of California.
A
Maria R. Huizar,
Chief Deputy City Clerk
June 3, 2009
The Honorable Anna Caballero
California State Assembly, District 28
State Capitol Building, Room 5119
Sacramento, CA 95814
Re: AB 715 (Caballero) City Ordinances: Publishing and Posting Requirements.
Notice of SUPPORT
Dear Assembly Member Caballero:
On behalf of the City of Tustin, we support your AB 715. This bill would authorize a
city, within 15 days after the passage of an ordinance, to post the ordinance on its
official Web site and to mail notice of passage of the ordinance to those who have filed a
written request for mailed notices in lieu of publishing the ordinance in the newspaper.
This measure would save costs for cities and recognizes advances in technology without
compromising public access to government actions.
The publishing requirement of municipal ordinances has largely been unchanged in
over one-hundred years. During the 25th Legislative Session, in 1883, the "Act to
provide for the classification of municipal corporations" was enacted. This act
stipulated that "every ordinance be signed...and published at least once in a
newspaper...or printed and posted in at least three public places..." The members of
the Senate and Assembly in 1883 could not have imagined how technology would
revolutionize the way government could or would communicate with its constituency.
Broad public access is provided throughout the entire process of adopting an
ordinance. To pass a municipal ordinance a number of requirements must be met, not
including the effort to get public buy-in. A typical process for just the development of
an ordinance could take months, which includes public participation. Prior to adopting
an ordinance, a city must hold two public meetings complying with the required 72-
hour regular meeting notice under the Ralph M. Brown Act. There are multiple
opportunities where the public is encouraged to participate -and does - in the process.
Once adopted, the final action is required to be published including the text of the
ordinance in a generally circulated newspaper. Posting a council's final action as well as
the adopted ordinance on a city's official Web site can provide the public with easier
and greater access than when printed in a newspaper given costs of subscriptions.
Your bill brings California's cities into the 21st Century, offers greater public access to
government action, eliminates waste, and potentially saves taxpayer dollars. For these
reasons, the City of Tustin strongly supports AB 715. If you have any questions, please
do not hesitate to contact me at: 714.573.3010.
Sincerely,
Doug Davert,
Mayor
cc: Chair and Members, Assembly Local Government Committee
Consultant, Assembly Local Government Committee
Consultant, Assembly Republican Caucus
AMENDED IN ASSEMBLY APRIL 30, 2009
CALIFORNIA LEGISLATURE-2009-10 REGULAR SESSION
ASSEMBLY BILL
Introduced by Assembly Member Caballero
February 26, 2009
No. 715
An act to amend Section 36933 of the Government Code, relating to
ordinances.
LEGISLATIVE COUNSEL'S DIGEST
AB 715, as amended, Caballero. City ordinances: publishing and
posting requirements.
Existing law requires the city clerk, within 15 days after the passage
of an ordinance by the city council, to cause the ordinance to be
published ,
with the names of those city council members voting for and against
the ordinance,
in a newspaper of general
circulation published and circulated in the city, as specked.
This bill would authorize the city clerk to
either publish the
ordinance in a newspaper of general circulation or on the official
Internet Web site of the city and to mail notice of passage of the
ordinance to those who have filed written requests for mailed notice,
as specked.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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AB 715
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The people of the State of California do enact as follows:
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SECTION 1. Section 36933 of the Government Code is
amended to read:
36933. (a) (1) Within 15 days after its passage, the city clerk
shall do either of the following: ~a~tse
(A) Cause each ordinance to be published at least once, with
the names of those city council members voting for and against
the ordinance, in a newspaper of general circulation published and
circulated in the city, or if there is none, he or she shall cause it to
be posted in at least three public places in the city or published in
a newspaper of general circulation printed and published in the
county and circulated in the city.
(B) Post the ordinance, with the names of those city council
members voting for and against the ordinance, on the city s official
Internet Web site and mail notice of passage of the ordinance to
those who have filed a written request for mailed notices. Any
written request for mailed notices shall be valid for one year from
the date on which it was filed unless a renewal request is filed.
Renewal requests for mailed notices shall be filed on or before
April 1 of each year.
(2) In cities incorporated less than one year, the city council
may determine whether ordinances are to be published or posted.
Ordinances shall not be published in a newspaper if the charge
exceeds the customary rate charged by the newspaper for
publication of private legal notices, but these ordinances shall be
posted in the manner and at the time required by this section.
(b) Except as provided in Section 36937, an ordinance shall not
take effect or be valid unless it is published or posted in
substantially the manner and at the time required by this section.
(c) The publication or posting of ordinances, as required by
subdivision (a), maybe satisfied by either of the following actions:
(1) The city council may publish a summary of a proposed
ordinance or proposed amendment to an existing ordinance. The
summary shall be prepared by an official designated by the city
council. A summary shall be published and a certified copy of the
full text of the proposed ordinance or proposed amendment shall
be posted in the office of the city clerk at least five days prior to
the city council meeting at which the proposed ordinance or
amendment or alteration thereto is to be adopted. Within 15 days
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after adoption of the ordinance or amendment, the city council
shall publish a summary of the ordinance or amendment with the
names of those city council members voting for and against the
ordinance or amendment, and the city clerk shall post in the office
of the city clerk a
certified copy of the full text of the adopted ordinance or
amendment along with the names of those city council members
voting for and against the ordinance or amendment; or
(2) If the city official designated by the city council determines
that it is not feasible to prepare a fair and adequate summary of
the proposed or adopted ordinance or amendment, and if the city
council so orders, a display advertisement of at least one-quarter
of a page in a newspaper of general circulation in the city shall be
published at least five days prior to the city council meeting at
which the proposed ordinance or amendment or alteration thereto
is to be adopted. Within 15 days after adoption of the ordinance
or amendment, a display advertisement of at least one-quarter of
a page shall be published. The advertisement shall indicate the
general nature of, and provide information about, the proposed or
adopted ordinance or amendment, including information sufficient
to enable the public to obtain copies of the complete text of the
ordinance or amendment, and the names of those city council
members voting for and against the ordinance or amendment.
(d) (1) Any member of the public may file with the city clerk,
or any other person designated by the governing body to receive
these requests, a request for notice of specific proposed ordinances
or proposed amendments to ordinances.
(2) Notice pursuant to paragraph (1) shall be mailed or otherwise
transmitted at least five days before the council is scheduled to
take action on the proposed ordinances or proposed amendments
to an ordinance. Notice may be given by written notice properly
mailed or by e-mail if the requesting member of the public provides
an e-mail address. Notice may be in the form specified in either
paragraph (1) or (2) of subdivision (c), as determined by the city
council.
(3) As an alternative to providing notice as requested of specific
proposed ordinances or proposed amendments to ordinances, the
city clerk, or other person designated by the governing body, may
place the requesting member of the public on a general mailing
list that gives timely notice of all governing body public meetings
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AB 715 - 4 -
1 at which proposed ordinances or proposed amendments to
2 ordinances may be heard, as provided in Section 54954.1. If this
3 alternative is selected, the requesting member of the public shall
4 be so advised.
5 (4) The city may charge a fee that is reasonably related to the
6 costs of providing notice pursuant to this subdivision. The city
7 may require each request to be annually renewed.
8 (5) Failure of the requesting person to receive the information
9 pursuant to this subdivision shall not constitute grounds for any
10 court to invalidate an otherwise properly adopted ordinance or
11 amendment to an ordinance.
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