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Council Meeting January 19, 1999 Santa Monica, CA
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation to Adopt an Emergency Ordinance Amending Santa
MOnica MUnicipal Code Section 11 04 130 Relating to the Dlstnbutlon of
Newsletters during Campaigns
,/
Introduction
This report recommends that Council adopt an emergency ordinance amending Santa
Monica Municipal Code Section 11 04 130 relatmg to the dlstnbutlon of newsletters durmg
campaIgns
Background
Santa MOnica MUniCipal Code Section 11 04 130 prohibits the dlstnbutlon of city
newsletters or simIlar matter wlthm 88 days pnor to any mUnicipal election
DISCUSSion
If the newsletter mallmg prohibition were to apply to the upcommg special election, two
Issues of Seascape (the regular sprmg Issue and the special Santa MOnica Festival Issue)
and the included spring recreation schedule could not be sent to residents The restncted-
mailing penod would begin on January 26
On January 12, 1999, City Council directed staff to prepare an amendment to MUniCipal
~i?
JAN f 9 1999
Code SectIon 11 04 130 to allow the CIty's Seascape newsletter and sImIlar matter to be
circulated by mass mailing within 88 days pnor to the ApnI24-25, 1999 mUnicipal election.
as there IS no Incumbent running for office In this election The emergency ordinance IS
attached for CounCIl consideration and action
Budget/Financial Impact
The recommended action has no direct budget Impact
Recommendation
Staff recommends that CounCil adopt the attached emergency ordinance related to
dlstnbutlon of newsletters dunng campaigns
Prepared by Marsha Jones Moutne, City Attorney
Judith A Rambeau, Communications Coordinator
Attachment Emergency Ordinance
f \atty\munI\laws\mJrn\elecnews ord
City CouncIl Meeting 1-19-99
Santa MOnica, California
ORDINANCE NUMBER 1933
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCil OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 11 04 130 RELATING TO THE DISTRIBUTION
OF NEWSLETTERS DURING CAMPAIGNS AND DECLARING
THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Santa Monica MUniCipal Code Section 11 04 130 IS amended to read
as follows
Section 11.04.130. Distribution of newsletter prohibited during
campaign.
No newsletter or Similar matter shall be circulated by mass mailing or
similar method by the Santa Monica City Council, Santa Monica Rent Control
Board or their administrative officers as follows
(a) Within eighty-eight (88) days pnorto any mUnicipal election to
approve or dIsapprove any ballot measure
1
(b) Within eighty-eight (88) days prior to an election to select any
member of Its governing body
(c) After any member of Its governing body has filed a nomination
petltlon pursuant to Section 11 04 010
ThIS Sectron shall not apply to the circulation of newsletters or similar
matter by mass malhnq when an election IS called pursuant to Santa MOnica
City Charter Section 603 to fill a vacancy on the City Council
SECTION 2 ThiS Ordinance IS declared to be an emergency measure adopted
pursuant to the provIsions of Section 615 of the Santa MOnica City Charter and IS
necessary for preserving the public peace, health and safety
SECTION 3 Any provIsIon of the Santa Monica MunicIpal Code or appendices
thereto Inconsistent with the prOVIsions of thIS Ordinance, to the extent of such
Inconsistencies and no further, IS hereby repealed or modified to that extent necessary to
effect the provIsions of thIS OrdInance
SECTION 4 If any section, subsection, sentence, clause, or phrase of thiS
Ordinance IS for any reason held to be invalid or unconstItutIonal by a decIsIon of any court
of competent JUrisdiction, such decIsion shall not affect the validity of the remaIning
portions of thiS Ordinance The City Council hereby declares that It would have passed
thiS Ordinance and each and every section, subsection, sentence, clause, or phrase not
2
declared Invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared Invalid or unconstitutional
SECTION 5 The Mayor shall sIgn and the City Clerk shall attest to the passage
of thiS Ordinance The City Clerk shall cause the same to be pubilshed once in the official
newspaper within 15 days after Its adoption ThiS Ordinance shall become effective upon
Its adoption
APPROVED AS TO FORM
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. / f~ ~IA.-. flt JU +'-i..-LP_
MA~HA JQNES MOUTRIE
City Attorney
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< ~t'l CO[11-
P O'Connor. Mayor
State of Call forma i
Count)- of Los Angeles) ss
CIty of Santa MOnica )
1. Mana M Stewan. CIty Clerk of the CIty of Santa Momca. do hereby certIfy that the foregomg
Ordmance No 1933 (CCS) had Its first readmg and ,vas adopted on January 19, 1999 by the
foIlov.mg vote
Ayes
CouncIl members
Femstem. Genser. Holbrook. McKeo\\ll. O'Connor.
Rosenstem
Noes
CouncLl members
~one
A.bstam
CouncIl members
None
A.bsem
Counetl members
~one
ATTEST
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Mana M Stewan. CIty Clerk