HomeMy WebLinkAbout1999-11-09 - AGENDA REPORTS - CAMPDISC AMEND MUNICODE (2)CONSENT CALENDAR
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager
Item to be presented y Carl Newton
DATE: November 9, 1999
SUBJECT: AMENDMENT TO MUNICIPAL CODE — CAMPAIGN DISCLOSURE
DEPARTMENT: City Manager
RECOMMENDED ACTION
City Council introduce an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA, REPEALING SECTION 7.02.040(c)
OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING CAMPAIGN
DISCLOSURE, and pass to second reading.
BACKGROUND
As a result of concerns. that arose during the last general municipal election, staff has
reviewed the City's ordinances concerning campaign disclosure. Section 7.02.040(c) of the
City's Municipal Code requires that the sponsors of campaign material be identified on such
material
The City Attorney has advised that the law in this area (disclosure requirements on
political mailings and advertisements) is in a state of flux. There appears to be a
prohibition on First Amendment grounds on requiring identification of sponsors based on a
recent United States Supreme Court case. Further, a recent California Court of Appeal
decision invalidated Government Code Section 84305 (Mass Mailing Requirements), finding
that the disclosure requirements of that section violated the First Amendment.
Therefore, until the controlling law is solidified, it appears best to repeal the City's
ordinance. As it currently exists, Section 7.02.040(c) may mislead the public regarding the
City's ability to effectively require such disclosures. An ordinance has been prepared for
Council's consideration at this time.
ALTERNATIVE ACTIONS
No alternative actions have been identified by staff.
Continued To: di& Agenda Item -420-
FISCAL IMPACT
None by this action.
ATTACHMENTS
Draft Ordinance
agrpt.repealCd