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10E Action 2011 0919
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10E Action 2011 0919
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9/20/2011 10:10:00 AM
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9/16/2011 5:32:27 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/19/2011
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_CC Agenda 2011 0919
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6000. A "newspaper of general circulation" is a newspaper published for the dissemination of <br />local or telegraphic news and intelligence ofa general character, which has a bona fide <br />subscription list of paying subscribers, and has been established, printed and published at <br />regular intervals in the State, county, or city where publication, notice by publication, or official <br />advertising is to be given or made for at least one year preceding the date of the publication, <br />notice or advertisement. <br />6008. Notwithstanding any provision of law to the contrary, a newspaper is a "newspaper of <br />general circulation" if it meets the following criteria: <br />(a) It is a newspaper published for the dissemination of local or telegraphic news and <br />intelligence ofa general character, which has a bona fide subscription list ofpaying <br />subscribers and has been established and published at regular intervals of not less <br />than weekly in the city, district, or judicial district for which it is seeking <br />aditdication for at least three years preceding the date ofadfudication. <br />(b) It has a substantial distribution to paid subscribers in the city, district, or judicial <br />district in which it is seeking adfudication. <br />(c) It has maintained a minimum coverage of local or telegraphic news and intelligence <br />ofa general character of not less than 25 percent of its total inches during each year <br />of the three-year period. <br />(d) It has only one principal office ofpublication and that office is in the city, district, or <br />Judicial district for which it is seeking adfudication. <br />WHEREAS, in accordance Nvith California Government Code Section 36933, Nvithin 15 days after a <br />passage of an Ordinance, a City Cleric shall publish and post Ordinances, and if so chosen, a member of the <br />public may request notification as follows: <br />.......... (d) (1) Any member of the public may file with the city clerk, or any other person designated <br />by the governing body to receive these requests, a requestfor notice ofspec f c proposed <br />ordinances or proposed amendments to ordinances. <br />(2) Notice pursuant to paragraph (1) shall be mailed or otherwise transmitted at least five <br />days before the council is schedided to take action on the proposed ordinances or <br />proposed amendments to an ordinance. Notice may be given by written notice property <br />mailed or by e -mail if the requesting member of the public provides an e -mail address. <br />Notice may be in the form specified in either paragraph (1) or (2) of subdivision (c), as <br />determined by the city council. <br />(3) As an alternative to providing notice as requested of spec f c proposed ordinances or <br />proposed amendments to ordinances, the city clerk, or other person designated by the <br />governing body, may place the requesting member of the public on a general mailing list <br />that gives timely notice of all governing body public meetings at which proposed <br />ordinances or proposed amendments to ordinances may be heard, as provided in Section <br />54954.1. If this alternative is selected, the requesting member of the public shall be so <br />advised. <br />(4) The city may charge a fee that is reasonably related to the costs of providing notice <br />pursuant to this subdivision. The city may require each request to be annually renewed. <br />(5) Failure of the requesting person to receive the information pursuant to this subdivision <br />shall not constitute grounds for any court to invalidate an otherwise properly adopted <br />ordinance or amendment to an ordinance. <br />WHEREAS, as California Government Code Section 36933 already recognizes electronic mail as <br />a form of communicating Nvith the public when it comes to Ordinances, the Desert/Mountain Division of the <br />League of California Cities seeks other public noticing requirements in the Government Code reflect the <br />same; and <br />
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