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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 1 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; 2 (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, 3 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: i IN,, L' 1, l�i/I Vl/ f// //I ` •14 0 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: h zte f, L' Denise Anderson- Warren, Acting City Clerk