CC - Item 5C - Adding Chapter 2.38 to Title 2 E M
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TO: THE HONORABLE MAYOR LY AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER 1 9�
DATE: OCTOBER 22, 2019
SUBJECT: ORDINANCE NO. 989 - SECOND READING AND.ADOPTION: ADDING
CHAPTER 2.38 TO TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO THE USE OF THE CITY'S SEAL AND LOGOS
SUMMARY
On October 8, 2019, the City Council introduced for first reading, by title only, Ordinance No.
989, adding Chapter 2.38 to the Rosemead Municipal Code relating to the use of the City's Seal
and City Logos. The City desires to establish an ordinance to protect and govern the use of the
City Seal and Logos to ensure City-wide uniformity.
STAFF RECOMMENDATION
It is recommended that the City Council approve the second reading and adoption of Ordinance
No. 989 by title only, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADDING CHAPTER 2.38 TO
TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO THE USE OF THE CITY'S SEAL AND LOGOS
FISCAL IMPACT -None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
1+4
Ericka Hernandez, City Clerk
Attachment A: Ordinance No. 989
Attachment B: Staff Report dated October 8, 2019
AGENDA ITEM 5.0
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Attachment A
Ordinance No. 989
ORDINANCE NO. 989
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 2.38
TO TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO USE OF THE CITY'S SEAL AND LOGOS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council finds and determines as follows: In order to
ensure the City's Seal and Logo are used in a manner that is consistent with the City's purpose and
goals and to avoid harm or confusion to the public the City Council desires to adopt an ordinance
to regulate their use.
SECTION 2. Environmental Review. The City Council exercises its independent
judgment and finds that this ordinance is not subject to the California Environmental Quality Act
("CEQA")pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1)
Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment); and (2) Section 15060(c)(3) (the activity is not a project as
defined in Section 15378), because the subject regulations have no potential for resulting in any
significant physical change to the environment, directly or indirectly.
SECTION 3. Amending Chapter 2.38. The Rosemead Municipal Code is amended to add
Chapter 2.38 to Title 2 to read as shown in Exhibit A.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase, or portion of this ordinance is, for any reason, held to be unconstitutional or
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City
Council hereby declares that it would have adopted this ordinance and each section, subsection,
subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are
declared to be severable.
SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this
ordinance and publish in accordance with law.
PASSED,APPROVED, AND ADOPTED this 22t day of October, 2019.
Margaret Clark, Mayor
ATTEST: APPROVED AS TO FORM
Erick Hernandez, City Clerk Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 989 was first
introduced at the regular meeting of October 8th, 2019 by first reading. Said Ordinance was
approved and adopted by the City Council of the City of Rosemead at a regular meeting held on
the 22nd day of October 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
EXHIBIT A
Chapter 2.38 Use of City Seal and Logos
2.38.010 City Seal.
2.38.020 City Logos.
2.38.030 Use of City Seal,City Logos,and Other City Logos.
2.38.010 City Seal.
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The City seal above,which has been created and used by the City since its incorporation is property of the City and hereby
officially adopted by City Council. An official digital copy of the City seal is on file with the City Clerk.
2.38.020 City Logos.
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Today's Small Town America
The City Logos above which have been in use by the City since creation are City property and hereby officially adopted.
An official digital copy of the City logos is on file with the City Clerk.
2.38.030 Use of City Seal, City Logos, and Other City Logos.
A. The City Clerk has charge of the City seal,City logos,and any other City logos(which are approved by the City
Manager)and will affix the City seal to all certificates and documents as may be required by law,by the code,or by
ordinance of the City.
B. All other uses of the City seal,City logos,and other City logos are restricted to official City business and such other
appropriate uses that further the operations of the City as may be authorized in writing by the City Manager,or as
otherwise specifically permitted in this code or City policy.
C. Except where authorized by federal law,no person may make or use the City seal,City logos,and other City logos,or
any cut,facsimile,or reproduction thereof,or to make or use any seal,logo,or any design which is an imitation of,in the
design of,or which may be mistaken for the City seal,City logos,or other City logos,or the design,without the written
authorization of the City Manager or the City Manager's designee.
D. City officials,City employees,and members of the City Council,and members of the City boards and commissions,
may use stationery,printed materials and other articles with the City logos,or facsimile of the City logos,and other City
logos while acting within the scope of their office or employment or City elected or appointed position.
E. No person,including any elected officer of the City,may use the City seal,City logos,or other City logos,or in any
correspondence or other printed materials distributed in favor of or against any ballot measure or in favor of or against any
candidate for public office.
F. The City seal,City logos,or other City logos may be at times requested to be used by outside entities or agencies for
events co-hosted or supported by the City.Requests must be submitted to the City Manager or the City Manager's
designee,who has the sole discretion to approve or deny such requests,and to promulgate the manner,timing,and format
of such requests.When considering such request,the City Manager or designee will consider the ultimate benefit to the
City of such use,the effects of association by the City with the event or occurrence,the City's traditional sponsorship
activities,and other criteria which shall be fairly and neutrally applied to all requestors.The City Manager is authorized to
adopt policies to further provide for the permitted use of the City seal,City logos or other City logos.
G. It shall be unlawful for any person to make or use the City seal,City logos,or other City logos of the City of
Rosemead deceptively,fraudulently,or without express written permission from the City of Rosemead Unauthorized use
of the City seal,City logos,or other City logos is a guilty of a misdemeanor. Such unauthorized use is also declared a
public nuisance and the City can abate or enjoin such use pursuant to this code.
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Attachment B
City Council Staff Report
Dated October 8, 2019
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ROSEMEAD CITY COUNCIL
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER
DATE: OCTOBER 8, 2019
SUBJECT: INTRODUCTION OF ORDINANCE NO. 989 ADDING CHAPTER 2.38 TO
TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE
USE OF THE CITY'S SEAL AND LOGOS
SUMMARY
The City of Rosemead recognizes the importance of proper use and consistency of the City Seal
and Logos to prevent any confusion for the public concerning representation by City employees,
officers or agents bearing the City Seal and Logos. Therefore, the City desires to establish an
ordinance to protect and govern the use of the City Seal and Logos to ensure. City-wide
uniformity.
STAFF RECOMMENDATION
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That the City Council introduce and conduct a first reading, by title only, and waive further
reading of Ordinance No. 989,entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADDING CHAPTER 2.38 TO
TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO THE USE OF THE CITY'S SEAL AND LOGOS
DISCUSSION
The City Seal and Logos are considered symbols of the authority and jurisdiction of the City and,
as such, are valuable assets of the City and its citizens. The City Council first adopted the form
of the City Seal through Resolution 1959-05 on August 4, 1959. Ordinance No. 989 will ensure
appropriate use and authorize use in the course_ of official City business only, with any
exceptions requiring approval by the City Manager or City Manager's designee. Furthermore, the
proposed ordinance addresses unauthorized use, which would imply City participation, support,
or sponsorship in commercial, political, or non-City events, shall be unlawful if used without
permission.
AGENDA ITEM NO. SC
City Council Meeting
October 8,2019
Page 2 of 2
An administrative policy has also been created to allow the use of the City Seal or Logos by third
parties and provide guidelines for third-party use. The City Manager or.City Manager's designee
will have the sole discretion to approve or deny a request by considering the ultimate benefit to
the City, the effects of association by the City with such event, or the City's traditional
sponsorship activity and other criteria which shall be fairly applied to all request. City
employees, officers, or agents may use the City Seal and Logos for the official business of the
City. Use of the City Seal and Logos or any combination thereof by City employees, officers or
agents for personal business or other personal purposes unrelated to their official employment or
position is prohibited and may constitute unauthorized use of public resources.
FISCAL IMPACT
There is no fiscal impact association with the adoption of this ordinance.
STRATEGIC PLAN IMPACT
There are none.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted b : Prepared By:
36.114•
Ericka Hernandez, City Clerk Rachel Richman, City Attorney
Attachment A: Draft Ordinance No. 989
Attachment B: Administrative Policy 10-19
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Attachment A
Draft Ordinance No. 989 — Use of City Seal and City
Logos
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ORDINANCE NO. 989
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADDING CHAPTER 2.38 TO
TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO USE OF THE CITY'S SEAL AND LOGOS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council finds and determines as follows: In order
to ensure the City's Seal and Logo are used in a manner that is consistent with the City's
purpose and goals and to avoid harm or confusion to the public the City Council desires
to adopt an ordinance to regulate their use.
SECTION 2. Environmental Review. The City Council exercises its independent
judgment and finds that this ordinance is not subject to the California Environmental
Quality Act ("CEQA") pursuant to CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment); and (2) Section 15060(c)(3)
(the activity is not a project as defined in Section 15378), because the subject regulations
have no potential for resulting in any significant physical change to the environment,
directly or indirectly.
SECTION 3. Amending Chapter 2.38. The Rosemead Municipal Code is
amended to add Chapter 2.38 to Title 2 to read as shown in Exhibit A.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase, or portion of this ordinance is, for any reason, held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
ordinance or any part thereof. The City Council hereby declares that it would have
adopted this ordinance and each section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance irrespective of the fact that one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are
declared to be severable.
SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this
ordinance and publish in accordance with law.
PASSED, APPROVED, AND ADOPTED this 8th day of October, 2019.
Margaret Clark, Mayor
ATTEST:
Erick Hernandez, City Clerk
APPROVED AS TO FORM
Rachel H. Richman
City Aitorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 989 was
adopted by the City Council of the City of Rosemead at a regular meeting of said Council
held oii the day of , 2019, by the following vote:
AYES. Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Ericka Hernandez, City Clerk
EXHIBIT A `
Chapter 2.38 Use of City Seal and Logos
2.38.010 City Seal.
2.38.0210 City Logos.
2.38.030 Use of City Seal, City Logos, and Other City Logos.
2.38.010 City Seal.
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The City seal above,which has been created and used by the City since its incorporation is property of the City
and hereby officially adopted by City Council. An official digital copy of the City seal is on file with the City
Clerk.
2.38.020 City Logos.
'CVO
Today's Small Town AmDerica
The Citf Logos above which have been in use by the City since creation are City property and hereby officially
adopted.An official digital copy of the City logos is on file with the City Clerk.
2.38.030 Use of City Seal, City Logos, and Other City Logos.
A. The City Clerk has charge of the City seal, City logos, and any other City logos(which are approved by the
City Manager)and will affix the City seal to all certificates and documents as may be required by law, by the
code, olr by ordinance of the City.
B. All other uses of the City seal, City logos,and other City logos are restricted to official City business and
such other appropriate uses that further the operations of the City as may be authorized in writing by the City
Manager, or as otherwise specifically permitted in this code or City policy.
•
C. -Ex ept where authorized by federal law, no person may make or use the City seal, City logos, and other
City log s, or any cut,facsimile, or reproduction thereof, or to make or use any seal, logo, or any design which
is an iltation of; in the design of, or which may be mistaken for the City seal, City logos, or other City logos, or
the design,without the written authorization of the City Manager or the City Manager's designee.
D. Cit'officials,City employees, and members of the City Council, and members of the City boards and
commissions,may use stationery,printed materials and other articles with the City logos, or facsimile of the
City logos,and other City logos while acting within the scope of their office or employment or City elected or
appointed d position.
E. No person, including any elected officer of the City, may use the City seal, City logos, or other City logos,
or in an correspondence or other printed materials distributed in favor of or against any ballot measure or in
favor of or against any candidate for public office.
F. Th City seal, City logos,or other City logos may be at times requested to be used by outside entities or .
agenci s for events co-hosted or supported by the City.Requests must be submitted to the City Manager or
the City Manager's designee, who has the sole discretion to approve or deny such requests, and to promulgate
the manner,timing, and format of such requests.When considering such request,the City Manager or
designee will consider the ultimate benefit to the City of such use,the effects of association by the City with the
event of occurrence,the City's traditional sponsorship activities, and other criteria which shall be fairly and
neutral) applied to all requestors. The City Manager is authorized to adopt policies to further provide for the
permitt d use of the City seal, City logos or other City logos.
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G. It Shall be unlawful for any person to make or use the City seal, City logos, or other City logos of the City of
Rosemead deceptively,fraudulently, or without express written permission from the City of Rosemead
Unauthlprized use of,the City seal, City logos, or other City logos is a guilty of a misdemeanor. Such
unauthdrized use is also declared a public nuisance and the City can abate or enjoin such use pursuant to this
code.
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Attachment B
Administrative Policy 10-19
Standards for use of City Seal and City Logos
E id s Policy Number: 1.019
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° Date Established:
CITY OF ROSEMEAD
�Q�" , Administrative Policy Manual
Date Revised:
City Manager Approval:
SUBJECT: ESTABLISHING STANDARDS FOR USE OF THE CITY SEAL AND CITY LOGO
DESIGN
PURPOSE: The purpose of this policy is to facilitate and maintain City-wide uniformity in using
the City Seal and City Logo Design.
PURPOSE
The purpose of this policy is to establish procedures regarding the use of the City of
Rosemead's official seal and logo. The seal and logo are considered symbols of the authority
and jurisdiction of the City, and as such, are valuable assets of the City. The policy shall
establish tandards for the use of official City seal and City logo to prevent unauthorized use,
which woi,ld imply City participation, support, or sponsorship in commercial, political, or non-City
events.
GENERAL POLICY
The City of Rosemead recognizes the importance of alleviating any confusion for the public in
regard to representation by City employees, officers or agents bearing the City seal and City
logo.
City empl yees, officers or agents may use the City seal and City logo for the official business
of the City. Use of the City seal and City logo or any combination thereof by City employees,
officers oil agents for personal business or other personal purposes unrelated to their official
employment or position is prohibited and may constitute an unauthorized use of public
resources[
PROVISIONS •
A. Th I City seal and City logo may be used on all City-related literature, material, City
veljicles, City uniforms (hats, shirts, jackets, etc.) and for City-sponsored or co-
sponsored events of the City as shown in Exhibit A of this policy.
B. The City seal and City logo may be used by City employees, officers or agents to
incorporate on other articles or insignia for the use of ceremonial occurrences or other
civ c purposes, but not for sale or commercial purposes.
C. No person shall reproduce or make similar use of the City seal or City logo that may be
mistaken for the official City seal or City logo. This provision is to avoid confusing,
deceiving or misleading the public to believe such material is an official City
representation. •
Page 1 of 3
Page 2 of 3
Policy 10-19
Contents of the Administrative Policy Manual
OUTSIDE ORGANIZATIONS
1. The City seal and City logo may be requested for limited use by charitable, or
otherwise non-profit organization or entity with the prior, written consent by the City
Manager or the City Manager's designee.
2. The City Manager or the City Manager's designee has the sole discretion to approve
or deny such request by considering the ultimate benefit to the City of such use, the
effects of association by the City with the event, the City's traditional sponsorship
activities, and other criteria which shall be fairly and neutrally applied to all requests.
3. Use of the City seal and City logo shall be limited in activities representing the City,
be used in a single activity or event, or series of activities or events, but in no case for
more than 3 months consecutively by an organization upon approval.
4. The City seal and City logo shall not be used for political or commercial purposes.
5. Request for use of City seal and or City logo must be submitted in written form as
shown in Exhibit B —An application for Use of City Seal and/or City Logo. Application
must be submitted to the Office of the City Clerk at least four (4) weeks before the
event.
EXHIBIT A
CITY SEAL CITY LOGO
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Policy 10-19
Contents of the Administrative Policy Manual
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` E E EXHIBIT B
VIC PRIDE
m� Application for Use of City Seal and/or City Logo
The City Seal and City Logo designs are the sole property of the City of Rosemead, and thus
shall only be used upon the expressed, written consent of the City Manager or a designee
authorizing the use per the City's Administrative Policy 10-19. Prior approval of use shall not
constitute i'approval of any future or recurring uses.
Name of
Organization:
Contact:
Phone: Email:
Full Address:
1. Is the requesting Organization a non-profit orga nizato n? Yes o r No (Circle one that appll es)
2. Descri a how the requested use of the City seal or City logo will be used for your event. If
more space is needed, please attach additional pages with the application.
3. Pleas I indicate the start and end date for use of City seal or City logo.
Start Date: Ending Date: _ '
Signature of Representative: _ Date:
. For Office Use Only
Date Received:
Approved by: Denied By:
Reason for Denial: '
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