Bill Text: CA AB715 | 2009-2010 | Regular Session | Amended

California Assembly Bill 715 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Land conservation: subventions to local government:

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB715 Detail]

Download: California-2009-AB715-Amended.html

BILL NUMBER: AB 715	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2009

INTRODUCED BY   Assembly Member Caballero

                        FEBRUARY 26, 2009

   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  or posted according to specified procedures,
one of which requires both the city council to publish a summary of
the ordinance  , with the names of those city council
members voting for and against the ordinance,  and the city
clerk to post the full text of the ordinance in the office of the
city clerk, 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 specified 
.
   This bill would authorize the city clerk to  post the full
text of the ordinance either in the office of the city clerk
  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 specified .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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: 
 cause 
    (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), 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  or on
the official Internet Web site of the city  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 at which
proposed ordinances or proposed amendments to ordinances may be
heard, as provided in Section 54954.1. If this alternative is
selected, the requesting member of the public shall be so advised.
   (4) The city may charge a fee that is reasonably related to the
costs of providing notice pursuant to this subdivision. The city may
require each request to be annually renewed.
   (5) Failure of the requesting person to receive the information
pursuant to this subdivision shall not constitute grounds for any
court to invalidate an otherwise properly adopted ordinance or
amendment to an ordinance.