SR-104-000-02 (5)
Council Meeting: February 11, 2003 Santa Monica, CA
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Emergency Ordinance Amending Santa Monica Municipal Code Section
11.04.130 Relating to Distribution of Newsletters during Campaigns
Introduction
This report recommends that Council adopt an emergency ordinance amending Santa
Monica Municipal Code Section 11.04.130 relating to the distribution of newsletters
during campaigns.
Background
Santa Monica Municipal Code Section 11.04.130 prohibits the distribution of city
newsletters or similar matter within 88 days prior to any municipal election.
Discussion
If the newsletter mailing prohibition were to apply to the upcoming (March 21, 2003)
Special Election, the spring issue of the city’s “SeaScape” newsletter, with the included
community programs class schedule (“RecScape”) timed specifically spring class
registration, could not be distributed to Santa Monica residents. Both customer service
and City revenues would be adversely affected if classes must be cancelled or remain
unfilled. This would be the second issue of the bimonthly newsletter eliminated in one
fiscal year, as the mid-fall SeaScape was not distributed due to the November General
Election.
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While staff can adjust reasonably for general election schedules, well known in
advance, special elections called as a result of qualified voter initiatives or to fill
unexpected Council vacancies pose publication schedule challenges that adversely
affect the community due to of lack of notice for events, classes, programs, and
workshops.
There will be no inclusion of or reference to the March 21, 2003 mail-in election in
SeaScape. Ample notice will be given, however, through mailed ballots, local media,
City TV and the City website. To ensure that the community receives critical class,
program and service information in a timely manner, an emergency ordinance is
recommended to amend the Municipal Code related to mailing of newsletters prior to
special elections. 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
distribution of newsletters during campaigns.
Prepared by: Marsha Jones Moutrie, City Attorney
Judy Rambeau, Assistant to the City Manager, Community Relations
Attachment: Emergency Ordinance
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