TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
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Ordinance Publication Requirements and Designating Posting Locations for City Public Notices
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RECOMMENDATION
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Adopt Resolution No. 24-4746 entitled: A Resolution of the City Council of the City of Murrieta Repealing Resolution No. 08-1992 and Providing Publication Requirements for Ordinances by Authorizing Ordinance Summaries and Designating an Ordinance Summary Official Pursuant to California Government Code §36933; and
Adopt Resolution No. 24-4747 entitled: A Resolution of the City Council of the City of Murrieta Designating Posting Locations in the City.
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PRIOR ACTION/VOTE
On June 23, 1992, the City Council adopted Resolution No. 92-129, determining ordinances and certain resolutions to be posted and designating posting locations (Vote: 5-0).
On September 20, 1994, the City Council adopted Resolution No. 94-326, repealing Resolution No. 92-129 and designating posting locations and the City Clerk to prepare ordinance summaries (Vote: 5-0).
On May 6, 2008, the City Council adopted Resolution No. 08-1992, repealing Resolution No. 94-326 and designated posting locations (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
City Ordinances: Resolution No. 24-4746 (Attachment No. 1)
Legal Requirements
The legislative body takes action via minute orders, resolutions, and ordinances as part of the City of Murrieta's (City) operations and duties. An ordinance is considered the most authoritative form of action taken by the City Council and, as such, requires legal notice. It becomes part of the City's Municipal Code; the law in the City of Murrieta. According to California Government Code §41802, the City Attorney shall draft an ordinance required by the legislative body.
When an ordinance is adopted, the City Clerk is obligated to publish it per California Government Code §36933, which states [in part]:
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…
However, California Government Code §36933 provides the publication requirement of ordinances can be met by one of the two below actions:
(1) Publishing a summary of the proposed ordinance (with a certified copy of the entire ordinance posted at the city clerk's office) five days before the City Council's proposed date of adoption, followed by a second publication of the summary to include the certified votes within 15 days of adoption.
Ordinance summaries shall be prepared by an official designated by the City Council. Furthermore, the ordinance summary must be deemed a "fair and adequate" summary.
If the designated official cannot prepare a "fair and adequate" summary, in the alternate,
(2) The City Council can order the publication of a one-quarter-page display indicating the general nature of the ordinance at least five days before the City Council meeting the proposed ordinance is to be adopted. Within 15 days, a second publication of the one-quarter-page display must include sufficient information to enable the public to obtain copies of the complete text and the certified votes.
Publication Process
In September 1994, the adoption of Resolution No. 94-326 repealed the existing ordinance procedure (Attachment No. 2). Resolution No. 94-326 affirmed that ordinances will be published according to the law. In addition to identifying posting locations, the City Clerk was designated as the official to prepare summaries of ordinances.
However, in May of 2008, the adoption of Resolution No. 08-1992 repealed Resolution No. 94-326 in its entirety (Attachment No. 2). Resolution No. 08-1992 updated posting locations but failed to designate the official who will prepare ordinance summaries. Government Code §36933 requires the legislative body to designate an official before a city summarizes ordinances.
Currently, the City Clerk publishes all ordinances in their entirety, with the certification of votes, in the City's adjudicated newspaper, The Press-Enterprise. The length of ordinances depends on the content. The cost of publishing in The Press-Enterprise substantially varies, and is not cost-effective. Over the previous three (3) fiscal years, the publication expenditures have increased by 168%. The length of the notices will decrease by transitioning ordinance publications to summaries. As such, the total price per notice will significantly alleviate a fiscal burden on the City Clerk's departmental budget.
Official Designation by City Council
Before 2008, the City Clerk was designated to summarize City ordinances. With the requirement that ordinance summaries must be fair and adequate, the City Clerk is not the subject matter expert on the substance of every ordinance. Therefore, the City Council should designate staff with the proper knowledge, such as the City Manager's designees, based on content or the City Attorney.
City's Posting Locations: Resolution No. 24-4747 (Attachment No. 3)
Adopting Resolution No. 24-4746, as recommended, eliminates the need to post ordinances in three (3) locations since the publication requirement for summaries includes posting the ordinance in its entirety in the Office of the City Clerk only.
However, various laws, including our Municipal Code, require agencies to post at three public places within the local agency's jurisdiction depending on the document type or if specific publication requirements cannot be met. Adopting Resolution No. 24-4747 provides the three (3) Murrieta posting locations as follows:
1. City Hall; 1 Town Square
2. Fire Station No. 2; 40060 California Oaks Road
3. Library; 8 Town Square
Generally, City postings are available on the City's website. However, the effort to provide public access to such postings is not only a legal requirement but remains a need. After a review of City properties and availability for postings, the above locations meet City obligations but are not ideal. The City Clerk's current budget had funding for digital boards which will provide public noticing exposure to each district. With current budgetary constraints, partial funding was instead used for e-discovery public records software, with the cost savings applied back to the general fund. The City Clerk will return to the City Council for digital board funding in the future.
FISCAL IMPACT
Legal advertising costs are part of the City Clerk's annual budget. The current Fiscal Year is budgeted at $17,000. If approved, budgetary savings are expected in the Advertising-Legal Account 1102400-60040.
ATTACHMENTS
1. Resolution No. 24-4746
2. Prior Resolution Nos. 92-129, 94-326, 08-1992
3. Resolution No. 24-4747