O2065
f:\atty\muni\laws\mjm\massmailingemergency-1. wpd
City Council Meeting 2-11-03 Santa Monica, California
ORDINANCE NUMBER 2..Clli.
(City Council Series)
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 AND DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, the City distributes information about community programs,
including class schedules, through its newsletter; and
WHEREAS, local law presently restricts the City's ability to distribute newsletters
in advance of all elections in order to avoid the possibility of governmental action
intended to influence voting; and
WHEREAS, in the case of a special election the possibility of the City newsletter
actually influencing the election is very remote so long as the election itself is not
covered in the newsletter; and
WHEREAS, City services and revenues are adversely affected when the City
newsletter cannot be disseminated because residents are unaware of services and
opportunities and do not register for classes and other activities; and
WHEREAS, a special election on an initiative measure has been scheduled for
March 21,2003; and
1
WHEREAS, that election date was set recently and was set pursuant to the state
laws governing elections on initiative measures; and
WHEREAS, when this year's schedule for disseminating the City newsletter was
established, the election date had not yet been set,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code 11.04.130 is hereby 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:
1) Within eighty-eight days prior to any municipal election to approve
or disapprove any ballot measure;
(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 election is a special election and the
mass mailing contains nothing relating to the election.
2
SECTION 2. This Ordnence is +eared to be an ttgency~easure 8dopted
pursuant to the provisions of Section 615 of the Santa Monica City Charter. As set forth
in the ........., ....~is~fOf~.the pu..,iC peace,hlaltl.,
safety and welfare.
ISECTlON 3. Any.proWsion of,tHe spanta Monica MuniQipal ~ 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
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
3
SECTION, 5. The Mayor--. ""IJeCity,CIedt'" .....Ito tbe.pass818 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 upon
adoption.
APPROVED AS TO FORM:
~..~ II}j.
if'. ( , .fJi/~4L!J / q;t+/UA
A SHA JONES MOUTRIE
City Attorne>;
4
~.... edopted. tie 11" day Gf~.
stafJt pt.C8Iifomia . . )
~.of LoaAngef..) ss.
CftpoJ..S8n16..... )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do' hereby certify that the
foregoing Ordinance No. 2065 (CCS) had it's introduction and adoption at the Santa
Monica City Council meeting held on February 11, 2003, by the following vote:
Ayes Council members O'Connor, Holbrook, Genser, Katz,
Mayor Pro Tem McKeown, Feinstein, Mayor Bloom
Noes: Council members:
Abstain: Council members:
Absent: Council members: None
ATTEST:
- ~.:=~. ~,",...J.-
Maria M. Stewart, City Clerk