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CITY COUNCIL AGENDA ITEM NO. 03



Meeting Date: August 14, 2001

Subject/Title: Approve a Resolution authorizing the Department Directors and/or the City Attorney to prepare ordinance summaries for publication

Submitted by: Karen Diaz, City Clerk

Approved by: Jon Elam, City Manager


RECOMMENDATION
Approve a Resolution authorizing the Department Directors and/or the City attorney to prepare ordinance summaries for publication pursuant to California Government Code Section 36933.

PREVIOUS ACTION:
None.

BACKGROUND
State law requires the publication of ordinance text after adoption if there is a newspaper of general circulation published and circulated in the City. (If there is none, ordinances must either be posted in at least three public places or published in a newspaper that is and circulated in the county.) The City of Brentwood is required to publish ordinances. Also allowed is the publication of ordinance summaries before and after adoption if an official has been designated by the City Council to prepare summaries for publication. The prepared summary is to be a fair and adequate summary of the proposed ordinance. In addition to publishing the summary, a certified copy of the full text of the ordinance is to be posted in the office of the City Clerk at least 5 days prior to the scheduled adoption and again within 15 days after adoption including the names of those City Council members voting for and against the ordinance.


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING DEPARTMENT DIRECTORS AND/OR THE CITY ATTORNEY TO PREPARE ORDINANCE SUMMARIES FOR PUBLICATION PURSUANT TO GOVERNMENT CODE SECTION 36933


WHEREAS, California 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 an 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 taking the following actions:
1. Designate an official to prepare a summary of the proposed ordinance.
2. Publish this summary in a newspaper and post a certified copy of the full text of the proposed ordinance in the office of the City Clerk at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted; and
3. Within 15 days after the adoption of the ordinance, publish the summary of the ordnance along with the names of the City Council members voting for and against the ordinance, and post the full text of the ordinance in the office of the City Clerk.

WHEREAS, it is often more economical and efficient for the City to publish summaries of ordinances, rather than complete ordinances; and 

WHEREAS, the publication of ordinance summaries provides adequate notice to the public of legislative actions being taken by the City Council;

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood designates the Department Directors and/or the City Attorney as the city officials authorized to prepare summaries of ordinances for publication, pursuant to Government section 36933(c)(1) and the City Clerk shall, when it is efficient and practical to do so publish summaries of the ordinances in the manner prescribed by Government Code section 36933(c)(1) and when deemed necessary by the designated official, the City Clerk may publish the full text of the ordinances in the manner prescribed by Government Code section 36933(a).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on August 14, 2001 by the following vote:

AYES: 
NOES: 
ABSENT: 

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