HomeMy WebLinkAboutAtt F - Ord PublicationAttachment F
CITY OF NEWPORT BEACH
CHARTER UPDATE COMMISSION STAFF REPORT
Agenda Item No. 2
February 2, 2010
TO: HONORABLE MEMBERS OF THE CHARTER UPDATE COMMISSION
FROM: City Clerk's Office
Leilani I. Brown, City Clerk
949-644-3005, (brown@newportbeachca.gov
SUBJECT: CHARTER SECTION 414 — PUBLICATION OF ORDINANCES
RECOMMENDATION:
Recommend to the City Council that Charter Section 414 be removed and follow
Government Code Section 36933.
DISCUSSION:
Attached is a "white paper" with relevant background information and suggested
alternatives for the Commission to consider.
Submitted by:
Leilani I. Brown, MMC
City Clerk
Attachments: Section 414 White Paper
Charter Section 414
Government Code Section 36933
ORDINANCE PUBLICATION REQUIREMENTS
Statement of Issue:
Currently, Charter Section 414 requires that an ordinance be published in its entirety at
least once in the official newspaper. However, publication of ordinances in their entirety
can be extremely expensive. Government Code Section 36933 allows for summaries of
ordinances to be published as a cost savings measure for local governments.
Relevant Background:
The California State Legislature has approved legislation to balance the need for public
disclosure of local government ordinances with the need for cost savings. Government
Code Section 36933 gives cities the ability to publish a summary of a proposed
ordinance (ordinance for introduction), as long as a certified copy of the full text of the
proposed ordinance is posted in the Office of the City Clerk at least five days prior to the
City Council meeting at which the proposed ordinance will be considered. Section
36933 further requires that a summary of the adopted ordinance be published within 15
days after adoption and a certified copy of the ordinance to be posted in the Office of
the City Clerk.
Currently, consistent with Government Code Section 40806, the City Clerk keeps a
book marked "ordinances." In addition, the Office of the City Clerk scans the
ordinances into the City's document imaging system. Both the original hard copy
version and the scanned version are considered permanent records and are never to be
destroyed. The scanned ordinances are also accessible via the City's webpage and,
once the ordinance goes into effect, it is codified into the Newport Beach Municipal
Code (NBMC), which is also available on the City's webpage.
The Daily Pilot is the current official newspaper of the City. The cost to have the
ordinance introduction summary and the ordinance adoption summary published can
range from $100 to $200 a summary. In 2008 and 2009, 49 ordinances were adopted.
The cost to publish a two-page ordinance in its entirety is about $400. Over the last two
years, the 49 adopted ordinances totaled 712 pages, of which 18 ordinances were over
12 pages long. Publishing all of the ordinances in their entirety cost the City about
$142,400 during that two-year period. Publishing ordinance summaries would have cost
the City about $10,000, a significant cost savings.
In a survey conducted of Orange County cities, most municipalities only publish
ordinance summaries. One city publishes ordinances in their entirety unless the
ordinance is too lengthy. In such cases, a summary is published. One city only posts
ordinances since there is not a newspaper of general circulation operating in the
jurisdiction.
AItPrnativPr
Alternative 1: Remove Section 414 and follow Government Code Section 36933.
This alternative would allow the City to publish summaries of adopted ordinances and
realize a significant cost savings, using the procedures set forth in Government Code
Section 36933. All other procedures to ensure public disclosure of adopted ordinances
would continue unchanged. Citizens who rely primarily on the printed newspaper for
information would have to use the City's website or come to City Hall to read the full text
of adopted ordinances.
Alternative 2: Do not amend Section 414 and continue to publish adopted ordinances in
their entirety at least once in the official newspaper of the City.
This alternative will allow those residents who rely on the printed newspaper for text of
adopted ordinances to continue to obtain the information in this manner. However, the
City would not be able to realize any cost savings associated with the publishing or
ordinances summaries. Further, this alternative is not the standard practice followed by
most other cities in Orange County.
NEWPORT BEACH CHARTER SECTION 414
Section 414. Ordinances. Publication.
The City Clerk shall cause each ordinance to be published at least once in the
official newspaper within fifteen days after its adoption.
GOVERNMENT CODE SECTION 36933
36933. (a) Within 15 days after its passage, the city clerk shall 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. 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), may be
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 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.