Loading...
CC SR 20240507 E - Permissible Uses of City SealCITY COUNCIL MEETING DATE: 05/07/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to adopt an ordinance establishing permissible uses of the official seal of the City of Rancho Palos Verdes. RECOMMENDED COUNCIL ACTION: (1) Adopt Ordinance No. 679, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 1.20 (CITY SEAL) TO TITLE 1 (GENERAL) OF THE RANCHO PALOS VERDES MUNICIPAL CODE ESTABLISHING PERMISSIBLE USES OF THE OFFICIAL SEAL OF THE CITY OF RANCHO PALOS VERDES FISCAL IMPACT: None ORIGINATED BY: Elena Q. Gerli, City Attorney REVIEWED BY: Same as below APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Ordinance No. 679 (page A-1) BACKGROUND AND DISCUSSION: On April 16, 2024, the City Council introduced Ordinance No. 679, which establishes permissible uses of the official seal of the City of Rancho Palos Verdes. Per the City Council’s motion, language in the ordinance was clarified to include stricter enforcement regarding any unauthorized uses of the seal (Attachment B). This evening, Ordinance No. 679 is presented for its second reading and adoption. If adopted, this ordinance will go into effect on June 7, 2024. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1 RANCHO PALOS VERDES 1.Direct Staff to revise Ordinance No. 679 for re-introduction and/or second reading at a future meeting. 2.Take other action, as deemed appropriate. 2 01203.0001/980026.2 ORDINANCE NO. 679 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 1.20 (CITY SEAL) OF TITLE 1 OF THE RANCHO PALOS VERDES MUNICIPAL CODE ESTABLISHING PERMISSIBLE USES OF THE OFFICIAL SEAL OF THE CITY OF RANCHO PALOS VERDES WHEREAS, the City of Rancho Palos Verdes (“City”) has an “official seal” which may be also referenced as the City “logo” City “seal,” or City “insignia” that it desires to protect from unauthorized use by any persons to prevent fraud, deception, misrepresentation, or abuse; and WHEREAS, the City Council of the City of Rancho Palos Verdes finds that the unauthorized use, reproduction, manufacture, display, or facsimile of a city seal for any purpose may create a misleading, erroneous or false impression that the document, item, statement, event, and/or organization is authorized, supported, and/or sponsored by the City, City departments, or a public official; and WHEREAS, The City Council retains the right to create variations of the City seal and City logo, and to adopt and establish other official City seals and City logos and retains the right to delegate the same to the City Manager. Such variations may include, but are not limited to, centennial or other seals or logos which mark anniversaries, events, and/or any other City occasion the City Council wishes to commemorate. The official seal and City logo may only be altered pursuant to ordinance or resolution of the City Council. WHEREAS, the City Council wishes to adopt this Ordinance to specify permissible uses of the official seal of the City of Rancho Palos Verdes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and are hereby adopted by reference. Section 2. Chapter 1.20 (City Seal) to Title 1 (General) is hereby added to read: Chapter 1.20 City Seal 1.20.010 Use of Official Seal. The City Clerk is the custodian of the official seal of the city of Rancho Palos Verdes. The official seal, also known as the city “logo” “seal,” and “insignia” and all variations thereof designated to identify official city facilities, departments, events, and publications. The A-1 01203.0001/980026.2 Ordinance No. Page 2 of 3 impression of the official seal shall be made and used upon official documents executed by the city or its duly authorized officials. 1.20.020 Limits on Use. A. No person, or entity, shall use the official seal, logo, or insignia or any facsimile thereof, for purposes of supporting or opposing the nomination or election to any city or other public office of himself or herself or any other person, or for purpose s of supporting or opposing any ballot measure, nor include such official seal on any writings distributed for purposes of influencing the action of the electorate, or any part thereof, in any election. This section shall not be applicable to writings issued by the City of Rancho Palos Verdes or the city council as a whole pursuant to the law. B. No person shall use the official seal, or any facsimile thereof, for the purpose of financial gain. C.Except as permitted by applicable law, It is unlawful for any person or entity to make use, reproduce, manufacture, display of the city seal and/or any of the city logos or any portion, facsimile, mock-up, or reproduction thereof, or make or use of any design, symbol, emblem, insignia or similar device that is an imitation of said city seal or city logos, or its design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for a misleading, erroneous or false impression that the document, item, statement, event, and/or organization is authorized, supported, and/or sponsored by the City, City departments, or a public official in any way. 1.20.030 Penalty A.Any person, or entity who violates the provisions of this chapter is guilty of a misdemeanor, and may be punished in accordance with Chapter 1.08. B. Violations of this chapter are deemed public nuisance, and may be abated as such. C. Nothing herein shall be construed to limit the City’s ability to pursue any remedy at law or equity to remedy violations of this chapter. Section 3. If any provision of this Ordinance is held invalid, such invalidity shall not affect the remaining provisions of this Ordinance, which shall remain in effect absent the provision held to be invalid, and to this end, the provisions of this Ordinance are declared to be severable. Section 4. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. A-2 01203.0001/980026.2 Ordinance No. Page 3 of 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Rancho Palos Verdes, California, on this 7th day of May 2024. John Cruikshank, Mayor ATTEST: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 679 was introduced by the City Council of said City at a regular meeting thereof held on April 16, 2024, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 7, 2024, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ City Clerk A-3