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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