01-20-2015 - Item 5 - Authorization to Prepare and Publish Ordinance Summaries• • City of West Covina
Memorandum
AGENDA
TO: Mayor and City Council ITEM NO. 5
FROM: Tom Mauk DATE January 20, 2015
Interim City Manager
BY: Kimberly Hall Barlow
City Attorney
SUBJECT: AUTHORIZATION TO PREPARE AND PUBLISH ORDINANCE
SUMMARIES
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution directing the Assistant
City Clerk to prepare ordinance summaries for publication pursuant to Government Code Section
36933.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA DIRECTING THE ASSISTANT CITY CLERK TO PREPARE
ORDINANCE SUMMARIES FOR PUBLICATION PURSUANT TO
GOVERNMENT CODE SECTION 36933
DISCUSSION:
Following adoption by the City Council, ordinances must be published within 15 days of passage
in a newspaper of general circulation pursuant to Government Code Section 36933. The
publication of ordinances may be accomplished by either (1) publication of the ordinance in its
entirety following adoption; or (2) publication of a summary of the ordinance, along with a
certified copy of the full text of the ordinance available for viewing in the City Clerk's Office at
least five days prior to the city council meeting and following adoption, with inclusion of the city
council roll call vote.
Staff proposes that the Assistant City Clerk be designated as the city official designated to
prepare ordinance summaries for publication pursuant to Government Code 36933. This option
of complying with Government Code Section 36933 is significantly less costly than publishing
entire ordinances except when ordinances are quite short.
LEGAL REVIEW:
The City Attorney has prepared the proposed resolution and this report and approve of the
resolution as to form.
FISCAL IMPACT:
The resolution, if adopted, will allow for the preparation of ordinance summaries to keep
publication costs to a minimum.
Prepared by:
Kimberly Hall Barlow
Kimberly Hall Barlow
City Attorney
C,
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA DIRECTING THE ASSISTANT CITY CLERIC TO PREPARE
ORDINANCE SUMMARIES FOR PUBLICATION PURSUANT TO
GOVERNMENT CODE SECTION 36933
WHEREAS, Government Code Section 36933 requires the City Clerk to publish each ordinance
within 15 days after its passage, along 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; and
WHEREAS, as an alternative to publishing the full text of an ordinance, the City Council may
also satisfy the publication requirement of Government Code Section 36933 by designating an
official to prepare a summary of the proposed ordinance, publishing this summary in a newspaper
and posting a certified copy of the full text of the proposed ordinance in the Office of the City
Clerk at least five days before the City Council meeting at which the proposed ordinance is to be
adopted, and within fifteen days after adoption of the ordinance, publish the summary of the
ordinance along with the names of the City Council members voting for and against the
ordinance in the Office of the City Clerk; and
WHEREAS, the City Council finds that publication of ordinance summaries provides adequate
notice to the public of the legislative actions being taken by the City Council.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
The City Council of the City of West Covina resolves as follows:
SECTION l: The Assistant City Clerk shall be the city official designated to prepare
summaries or ordinances for publication, pursuant to Government Code § 36933(c)(1).
SECTION 2: The Assistant City Clerk shall publish summaries of ordinances in the
manner prescribed by Government Code § 36933(c)(1).
SECTION 3: When deemed necessary or appropriate by the Assistant City Clerk, the
Assistant City Clerk may publish the full text of ordinances in the manner prescribed by
Government Code § 36933(c)(2).
SECTION 4: The City Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of original resolutions and it shall become effective immediately upon
its approval.
APPROVED AND ADOPTED meeting thereof held on this _ day of January, 2015.
Mayor Fredrick Sykes
ATTEST:
City Clerk Nickolas S. Lewis
1, NICKOLAS S. LEWIS, CITY CLERIC of the City of West Covina, California, do hereby
certify that the foregoing resolution was duly adopted by the City Council of the City of West
Covina, California, at a regular meeting held thereof on the _ day of January 2015 by the
following vote of the City Council:
Resolution No. •
Page 2
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Nickolas S. Lewis
APPROVED AS TO FORM:
City Attorney Kimberly Hall Barlow