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CC - Item 5C - Adding Chapter 2.38 to Title 2 E M S O q * to ROSEMEAD CITY COUNCIL \\,...,..,....,CIVIC PRI, Mt*, TAFF EPORT /Nco&poRATED'9 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 S E M F p 9 CIVIC PRIDE ;.1'11) ms.:7 411CORPORATED't° 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. k.,.., 10 LI, •. ....•U 14 .,l .OMRT[O,... 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. 0it OSE EAD 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. S E M 6 O 'y k,.. ........"„ CIVhC 'PRiDE 14'CORPORATED,° Attachment B City Council Staff Report Dated October 8, 2019 5 E M All I ROSEMEAD CITY COUNCIL ! civic PRIDE STAFF REPORT 1,TAI031, kbRPpRATED,co 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 r 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 S F elA. l'30N. ,.:/ CIVIC PRIDE 14rCORPOAAlso%SO Attachment A Draft Ordinance No. 989 — Use of City Seal and City Logos • 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. 01* figAA ) 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. J 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. E M E ,s CIVIC PRIDE f f f `,I NCOAPORATEp O Attachment B Administrative Policy 10-19 Standards for use of City Seal and City Logos E id s Policy Number: 1.019 s 4.ii ° 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 "44, .;sk 0. "[dirt 44(14 . ., - ligli.agiambl. ; OSE EAD ..... _ -744 , __ ,. .7. ,,,,. \„.s.__. ; A, RAORA7E0 Page 2 of 3 Page 3 of 3 Policy 10-19 Contents of the Administrative Policy Manual _1 ` 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: ' Page 3 of 3