Ordinance No. 9941
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ORDINANCE NO. 994
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON REPEALING SECTION 2.8 -1,
CHAPTER 2 OF THE CODE OF THE CITY OF
VERNON, CALIFORNIA 1959 REGARDING OFFICIAL
NEWSLETTERS OF THE CITY
WHEREAS, Section 2.8 -1 of the Code of the City of
Vernon, California 1959 authorizes the City Administrator to
publish a City Newsletter four or more times per year in
accordance with Ordinance 978 adopted by the City Council of the
City of Vernon on October 4, 1988; and
WHEREAS, the City Council of the City of Vernon finds
it necessary to repeal Section 2.8 -1 of the Code of the City of
Vernon, California 1959.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON
HEREBY ORDAINS AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby repeals Section 2.8 -1, Chapter 2 of the Code of the City
of Vernon, California 1959.
SECTION 3: There being no newspaper printed, published
or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, within fifteen
(15) days after its passage in accordance with Section 36933 of
the Government Code, in three (3) of the most public places in
the City of Vernon, to wit: the northwest corner of 38th Street
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and Santa Fe Avenue, the northeast corner of Leonis Boulevard
and Pacific Boulevard, and on the bulletin board in the lobby of
the City Hall of said City, located at 4305 Santa Fe Avenue, all
in the City of Vernon, County of Los Angeles, State of
California.
SECTION 4: This ordinance shall be in full force and
effect thirty (30) days from and after its passage of the same.
APPROVED AND ADOPTED this 4th day of December, 1990.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 994, was duly and regularly introduced at a
regular meeting of the City Council of the City of Vernon, held
on Tuesday, December 4, 1990, and thereafter finally adopted at
a regular meeting of said City Council held on Tuesday,
December 18, 1990, and thereafter duly signed by the Mayor of
the City of Vernon, by the following vote:
(SEAL)
AYES: 5 Councilmen: Malburg, Ybarra, Davis
McCormick, Gonzales
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
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BRUCE V. MALKENHORST, City Clerk
SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF VERNON
I, GLORIA J. OROSCO, CHIEF DEPUTY CITY CLERK of the
City of Vernon, do hereby certify that I did, on the 20th day of
December 1990, have posted three (3) copies of:
ORDINANCE NO. 994 - An Ordinance of the City
Council of the City of Vernon Repealing Section
2.8 -1, Chapter 2 of the Code of the City of
Vernon, California 1959 Regarding Official
Newsletters of the City
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Boulevard and Pacific Boulevard; and on the bulletin
board in the lobby of the City Hall of the City of Vernon,
located at 4305 Santa Fe Avenue, all in said City, there being no
newspaper of general circulation printed and published in the
Chief Dep y City Clerk
:pstngafd
Date:12/26/90
Subscribed and sworn to before me
this t5ii-D. day of Jo�uo.R‘l , 19 q1
Notary Public in and for the County
of Los Angeles, State of California
t
OFFICIAL SEAL
SHARON L DUCKWORTH
Notary Public - California
LOS ANGELES COUNTY
My Comm. Exp. May 20. 1991
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Bruce V. Malkenhorst
David B Brearley
Novembe* 20, 1990
FPPC Re ulations on City Newsletters
,fftf
EON Ell
6 1990
MINISTRATOR'S OFFICE
CITY OF VERNON
In October 1988, the City Council adopted Ordinance No. 978
(copy attached) authorizing the City Administrator to issue a
newsletter four or more times per year. This ordinance (codified
at Vernon Code Section 2.8 -1) was based on a proposed version of
FPPC Regulation Number 18901 at that time which exempted
newsletters published pursuant to an ordinance from compliance
with FPPC regulations. The current version of FPPC Reg. 18901
contains no such exemption.
Instead, he FPPC regulations on mass mailings now regulate
city newslet s by prohibiting the following activities:
1. "Featuring" an elected officer affiliated with the
agency which produces or sends the mailing [FPPC
Regulation 18901 (a) (2) (A)]; or
2. Including the name, office, photograph, or other
reference to an elected officer affiliated with the
agency which produces or sends the mailing and
preparing or sending the mailing in cooperation,
consultation, coordination, or concert with the
elected officer [FPPC Reg. 18901 (a) (2) (B)].
"Featuring" an elected officer means including the elected
officer's photograph or signature, or singling out the elected
officer by the manner of display or his /her name of office in the
layout of the document, such as by headlines, captions, type
size, typeface, or type color {FPPC Reg. 18901 (c) (2)].
Based on the above, Vernon Code Section 2.8 -1 is no longer
necessary for achieving FPPC compliance. Therefore, we have
drafted the attached ordinance repealing Ordinance No. 978 and
deleting Section 2.8 -1 from the Code.
If you have any questions, please call me.
DBB:MJD:nc
Enclosure
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ORDINANCE NO. 978
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON AUTHORIZING THE CITY ADMINISTRATOR
TO ISSUE A NEWSLETTER FOUR OR MORE TIMES PER
YEAR
WHEREAS, State bf California Proposition 73, effec-
tive July 1, 1988 amended Government Code Section 89001 to
prohibit the publication and mailing of newsletters by public
agencies on behalf of candidates for election to public
office; and
WHEREAS, the Fair Political Practices Commission,
which is charged with enforcing Government Code Section
89001, has ruled that public agency newsletters published and
mailed pursuant to an ordinance shall be exempt from its
regulations; and
WHEREAS, the City of Vernon has a large con-
stituency of taxpaying industries and businesses which is af-
fected by decisions of the City Council and the departments
of the City; and
WHEREAS, the City of Vernon does not have a
newspaper to publish reports of the decisions and activities
of the City Council and the City staff; and
WHEREAS, the taxpaying industries and businesses
and other interested persons have a right to know how the
revenue and taxes of the City of Vernon are being expended
and what personnel are being hired to serve the City.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY
ORDAINS:
SECTION 1: Findings.
The City Council of the City of Vernon hereby finds
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and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: Enactment:
Vernon City Code is hereby amended to add Section
2.8 -1.
Sec. 2.8 -1. Official Newsletter of the City
of Vernon.
The City Administrator is authorized to
publish a newsletter for the City of Vernon
four or more times per year. Said newslet-
ter shall be distributed by mail or other-
wise to industries, businesses, public
agencies, and other interested persons who
have requested a copy thereof or to whom the
City Administrator shall determine.
Said newsletter shall report on the
decisions and activities of the City Council
and staff and any other news or data per-
tinent to the operations of the City of Ver-
non. Said newsletter shall not be used to
publicize the candidacy or views of any per-
son seeking election to public office in the
City of Vernon.
SECTION 3: Severability.
If any provision or clause of this Ordinance or the
application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
applications of this Ordinance which can be carried out
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without the invalid provision or application, and to this end
the provisions of this ordinance are declared to be
severable.
SECTION 4: Notice.
There being no newspaper printed, published or cir-
culated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this Ordinance and
shall post the same, or cause the same to be posted, in three
(3) of the most public places in the City of Vernon, to wit:
the northwest corner of 38th Street and Santa Fe Avenue, the
northeast corner of Leonis Boulevard and Pacific Boulevard,
and on the bulletin board in the lobby of the City Hall of
said City, located at 4305 Santa Fe Avenue, all in the City
of Vernon, County of Los Angeles, State of California.
SECTION 5: Conflicts.
Any ordinance or resolution or parts thereof that
are found to be in conflict with this ordinance are hereby
superseded and shall have no further force or effect.
APPROVED AND ADOPTED this day of
1988.
LEONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 978 , was duly and regularly introduced
at a regular meeting of the City Council of the City of Vernon,
held on October 4, 1988
and thereafter finally adopted
at a regular meeting of said City Council held on
(SEAL)
, by the following vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
Bruce V. Malkenhorst, City Clerk
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