O2402City Council Meeting: June 26, 2012
Santa Monica, California
ORDINANCE NUMBER 2402 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
11.04.130 TO CLARIFY THE CITY'S AUTHORIZATION TO PRODUCE AND
DISTRIBUTE USUAL AND CUSTOMARY MATERIALS CREATED IN THE NORMAL
COURSE OF BUSINESS WITHIN 88 DAYS PRIOR TO AN ELECTION, PROVIDED
THAT THEY DO NOT REFER TO MEMBERS OF THE CITY COUNCIL OR RENT
CONTROL BOARD AND CONTAIN NOTHING RELATED TO THE ELECTION
EXCEPT FOR APPROPRIATE REFERENCES TO THE DATE AND METHODS OF
VOTING.
WHEREAS, Santa Monica Municipal Code Section 11.04.130 prohibits the
circulation of City newsletters or similar mass mailings within 33 days prior to general
elections; and
WHEREAS, the purpose of this prohibition is to prevent the use of public funds to
influence elections; however, the prohibition is so broadly worded that it also prohibits
the City from using the newsletter format to disburse political neutral information about
city programs and services during the 88 -day period prior to general elections; and
WHEREAS, the City and the community rely upon the City's newsletter,
Seascape, for information about local programs, events and City services; and
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WHEREAS, Seascape is an effective communications tool used to reach
thousands of Santa Monica's residents, employees and visitors to make them aware of
local programs, events and services; and
WHEREAS, the amendment would foster civic participation and engagement in
City programs, services and events by promoting these opportunities in Seascape and
other materials; and
WHEREAS, this ordinance would establish a regular annual production schedule
for Seascape to include a mid - September "Harvest" issue.
NOW, THEREFORE, 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 hereby
amended to read as follows:
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:
(1) Within eighty -eight days prior to any municipal election to approve or
disapprove any ballot measure;
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(2) Within eighty -eight days prior to an election to select any member of
its governing body;
(3) After any member of its governing body has filed a nomination
petition pursuant to Section 11.04.010.
This prohibition shall not apply to the circulation of a newsletter or similar
matter by mass mailing if the mass mailing is usual and customary and occurs in
the normal course of business, neither refers to nor identifies any member of the
City Council or Rent Control Board and contains nothing relating to the election,
except for voter registration information, the date and hours of the election, poll
locations and methods of voting.
SECTION 2. 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 3. 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,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. 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 published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 26th day of June, 2012.
Davis, Mayor Pro Tern
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2402 (CCS) had its introduction
on June 12, 2012, and was adopted at the Santa Monica City Council meeting
held on June 26, 2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day,
Mayor Pro Tern Davis
Noes: Council members: None
Absent: Council members: Shriver
Mayor Bloom
A summary of Ordinance No. 2402 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
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Denise Anderson- Warren, Acting City Clerk