1 David Yakobson
From: Jason Mastbaum <[email protected]>
Sent: Tuesday, December 17, 2024 10:00 AM
To: councilmtgitems
Subject: 16M support
EXTERNAL
It's great to see our new councilmembers hit the ground running on conducting the city's business.
I'm sure this is not news to any of the councilmembers, but reading the section of this item on the city seal, I feel compelled to point out in the public record that an ordinance with the same restrictions on the use of the city seal has on the books since 1986, city code section 2.32.020. It's quite clear that councilmembers and city employees cannot individually do things like have shirts with the city seal made, wear them as leisure wear in their personal lives, or use city vehicles bearing the city seal as campaign floats. I applaud the councilmembers for bringing attention to this issue and seeking to address it, but simply enforcing the existing ordinance would seem to be sufficient to achieve the goal of 16M section 1.2.3.
2.32.020 Use of the City Seal.
(a) The purpose of this Section is to restrict use of the City Seal to official City business. (b) The City Clerk shall have charge of the City Seal and shall affix the City Seal to all certificates required by law, by this Code, or by ordinance of the City.
(c) Except as provided for in this Section, no person, other than the City of Santa Monica, shall reproduce, use, give away, sell, or distribute any seal, or facsimile thereof, purporting to be or represented to be the City Seal of the City of Santa Monica. (d) City officers, City employees, members of the City Council, and members of City Boards and Commissions, may use stationery and printed materials with the City Seal, or facsimile thereof, while acting within the scope of their office or employment.
(e) No person, including any elected officer of the City, shall use the City Seal, or facsimile thereof, 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) A recognized employee organization may use the City Seal, or facsimile thereof, on stationery and printed materials used in the scope of its representation of City employees and on articles of clothing intended for use by City employees.
(Prior code § 2601; amended by Ord. No. 1363CCS, adopted 3/25/86) (The origin of this 1986 code amendment, which I was not aware of until looking up the exact language of
2.32.020 to copy-paste into this email: https://www.latimes.com/archives/la-xpm-1986-03-06-we16145-story.html) Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
1 David Yakobson
From: Sirinya Matute <[email protected]>
Sent: Monday, December 16, 2024 11:10 PM
To: councilmtgitems
Cc: Natalya Zernitskaya; Lana Negrete; Barry Snell; Ellis Raskin; Dan Hall; Jesse Zwick; Caroline Torosis
Subject: Support 16M (especially related to city logo + seal) Attachments: Draft Ordinance.pdf
EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis and the City Council:
I am writing to express my general support for Item 1.2.3 of Item 16M, which would direct City staff to prepare an ordinance to prohibit the use of the City logo, seal and facilities of city facilities and vehicles on any clothing item, accessory or paid advertising for or against the election of candidates or items before the Council, with a carve out allowing city staff to use said logos to create team gear or items.
An ordinance to update our municipal code discusses the City Logo & City Seal is way overdue. For starters, discussion of the seal and logo should be in one place, but in our code it's scattered in two:
the City Seal is mentioned in section 2.32.10 and 2.32.20, while the city logo is referenced in a section 4.68 on community events, where the code makes it ‘unlawful’ for a community event permittee to use the city logo - that's it. No mention of what the logo looks like, no mention of other allowable and disallowed uses, and definitely no specification of penalties for misuse or unauthorized uses of the City logo.
Thankfully the City trademarked its logo decades ago, no small feat. This created standing for the city to protect its brandmarks from infringement in court. But trademarking has been insufficient for the City to protect its seal or logo or emblems from misuse - nor does it establish penalties for infringement. This needs to be codified in the municipal code through a new ordinance.
I recommend that the ordinance:
Consolidate discussion of the City Seal, City Logo, and facsimiles of City Buildings in one place in the municipal code. This makes it easier to find and understand. Expand the scope of protection: The code should explicitly include the City Logo and other official emblems or insignia (such as the city’s iconic buildings, the Pier, and city vehicles), in addition to the City Seal.
Establish clear penalties: The code should outline specific penalties for unauthorized use of the City’s brand elements beyond stating “unlawful”.
Appoint a custodian: The municipal code should specify that the City Clerk (or designee) is the custodian for both the City Seal and City Logo, responsible for overseeing their use and enforcing the relevant regulations.
City staff still need to be able to use the city logo for its official communications. The language of
1.2.3 doesn’t make that distinction, though.
Hermosa Beach’s experience with taking steps to take control of its city seal and logo (which had rampant misuse in the community for decades) can provide valuable insights for Santa Monica. You can study the section on city branding in their municipal code here or at https://online.encodeplus.com/regs/hermosabeach-ca/doc-viewer.aspx#secid-55.
Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
2 This staff report from 2023 might also be useful background.
Lastly, I have attached a sample ordinance passed by the Hermosa Beach City Council in March 2023, which further strengthened the city’s ability to protect its brandmarks.
By taking these steps, the City of Santa Monica can safeguard its valuable brand assets and ensure that they are used in a manner that reflects positively on the City.
Thank you for your time and consideration and happy holidays! Sincerely,
Sirinya Matute
Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
ORDINANCE NO. 23-____
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING CHAPTER 1.06 (OFFICIAL SEAL AND LOGO OF THE CITY) OF TITLE 1 (GENERAL PROVISIONS) OF THE HERMOSA BEACH
MUNICIPAL CODE TO REGULATE THE USE OF CITY INSIGNIA AND
FINDING THE SAME EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
A. The City of Hermosa Beach (“City”) recognizes the importance of developing unique graphics and branding to reinforce the City’s distinctive identity.
B. Chapter 1.06 of the City’s Municipal Code establishes regulations for the use of its official City Logo and City Seal.
C. In addition to its logo and seal, the City has expended significant time and resources in designing and developing other “City Insignia” that includes logos, marks and emblems used by the City for City business to identify official City events and programs.
D. The City desires to amend its Municipal Code to protect against the replication and unapproved use of City Insignia by adopting regulations pertaining to its use similar to the City’s existing regulations pertaining to its City logo and seal.
E. This ordinance is adopted pursuant to the City’s police powers under Article 11, section 7 of the California Constitution.
SECTION 2. Custody And Use Of The City Seal, Logo And City Insignia. The title of Chapter 1.06 of the City of Hermosa Beach Municipal Code is hereby amended as follows: “Chapter 1.06 “Custody and Use of the City Seal, Logo and City Insignia”.
SECTION 3. City Insignia. Section 1.06.025 “City Insignia” is hereby added to read as follows:
A. “City Insignia” means in addition to the City Seal and City Logo as designated by the City Council, any other logos or emblems Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
depicting or including the City of Hermosa Beach, as approved by the City Manager.
B. It shall be unlawful for any person to make, reproduce, manufacture, display, or use City Insignia, or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way City Insignia for any purpose other than for official city business, a city-sponsored event or program, or a city-endorsed event or program, without approval of the city council.
SECTION 4. Manufacture And Sale Of Souvenir And Decorative Items. Section
1.06.050 “Manufacture and sale of souvenirs and decorative items” is hereby amended to read as follows:
“Nothing in this chapter shall prevent a person from manufacturing or selling non-documentary objects, such as souvenirs or decorative items, bearing the city logo or city insignia as part of the design; provided, that such person undertakes such activity pursuant to agreement with the city, approved by the city council, containing such requirements and limitations as the city council shall deem appropriate to assure that such use of the city logo and city insignia is in good taste and in the best interests of the city of Hermosa Beach.
SECTION 5. Use of City Seal, Logo and Insignia for Political Campaigns. Section
1.06.060 “Use of city seal and logo for political campaign prohibited” is hereby amended to read as follows:
Section 1.06.060 “Use of city seal, logo and insignia for political campaign prohibited”
“No person or campaign committee shall use the city seal, logo, insignia or its design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way for the city seal, logo, or city insignia for purposes of supporting or opposing the nomination or election of any person to any city or other public office, or for purposes of supporting or opposing any ballot measure, nor include such city seal, logo or insignia on any writing 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 Hermosa Beach or the city council as a whole pursuant to law.
SECTION 6. Custodian Of City Seal, Logo, And Insignia. Section 1.08.070 “Custodian of city seal and logo” is hereby renumbered and amended to read as follows:
Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
Section 1.06.070. “Custodian of city seal, logo, and insignia” “The city clerk of the city of Hermosa Beach shall be the official custodian of the of the City seal, logo and other City insignia.
SECTION 7. Penalty. Section 1.08.080 “Penalty” is hereby renumbered to read as follows:
Section 1.06.080 “Penalty”
SECTION 8. All other sections of Chapter 1.06 of the City of Hermosa Beach Municipal Code shall remain unchanged.
SECTION 9. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The effect of the proposed amendment will be to maintain the status quo. No new development will result from the proposed action. No impact to the physical environment will result. The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity by the City of Hermosa Beach, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA Guidelines.
SECTION 10. Severability.If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
SECTION 11. Effective Date. Pursuant to California Government Code section 36937, this ordinance shall take effect thirty (30) days after its final passage.
SECTION 12. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law.
Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
PASSED, APPROVED and ADOPTED this 14th day of March 2023.
Raymond Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
Ordinance No. 23-XXX
Legislative Digest (for reference only)
“ Chapter 1.06 Custody and Use of the City Seal, Logo, and City “1.06.050 Manufacture and sale of souvenirs and decorative items.
Nothing in this chapter shall prevent a person from manufacturing or selling nondocumentary objects, such as souvenirs or decorative items, bearing the city logo or city insignia as part of the design; provided, that such person undertakes such activity pursuant to agreement with the city, approved by the city council, containing such requirements and limitations as the city council shall deem appropriate to assure that such use of the city logo is in good taste and in the best interests of the city of Hermosa Beach.
“1.06.060 Use of city seal, logo, or insignia for political campaign prohibited.
No person or campaign committee shall use the city seal,logo, insignia, or its design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way the city seal or logo, for purposes of supporting or opposing the nomination or election of any person to any city or other public office, or for purposes of supporting or opposing any ballot measure, nor include such city seal or logo on any writing 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 Hermosa Beach or the city council as a whole pursuant to law. “1.06.070 Custodian of city seal,logo and insignia
The city clerk of the city of Hermosa Beach shall be the official custodian of the City seal,logo, and other City insignia .
“1.06.080 Penalty.”
Any person or persons violating the provisions of this chapter shall be guilty of a misdemeanor and subject to punishment in accordance with Chapter 1.04.
Each and every day during any portion of which the provisions of this chapter are violated shall constitute a separate offense and may be punished accordingly.
Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
1 David Yakobson
From: Ted Winterer <[email protected]>
Sent: Monday, December 16, 2024 3:48 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Barry Snell; Ellis Raskin; Natalya Zernitskaya
Cc: David White; Susan Cline; councilmtgitems
Subject: Item 16-M, 12/17/24 Council meeting
EXTERNAL
Mayor Negrete and Honorable Concilmembers,
I support the changes proposed in this item with the exception of section 1.1.3.
Five minutes seems like way too much time for a Councilmember to state their reasons for opposing an item. Presumably that Councilmember has expressed skepticism during discussion of the agenda item in question and her/his views are already apparent. So a minute should be sufficient for simple statement of opposition:
"My colleagues believe Miller Lite beer tastes great. I disagree, as I feel it's less filling."
In my years on the Council those who objected to a vote were able to succinctly express their dissent. So perhaps the time limit in 1.1.3 should be the same as 1.1.2.2.
Regards,
Ted
Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
2 --
Ted Winterer
Realtor @Compass, 2115 Main Street Santa Monica
DRE #02047989
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Item 16-M
December 17, 2024
Item 16-M
December 17, 2024
1 David Yakobson
From: Santa Monica Forward <[email protected]> Sent: Saturday, December 14, 2024 5:54 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Natalya Zernitskaya Cc: councilmtgitems
Subject: Santa Monica Forward Support for 16.M and 16.O
EXTERNAL
Honorable Mayor Negrete and Councilmembers,
The Santa Monica Forward Steering Committee has reviewed and supports items 16.M and 16.O.
16.M We applaud the Council for proposing necessary and well-thought out procedural changes that will improve efficiency, transparency, and public participation in conducting the city’s business. We support this rule change as a needed step to bring order to City Hall.
16.O This procedural change will help streamline the process for desperately needed new housing. These projects are already required to be approved under state law, meaning additional unnecessary process only delays the production of new housing and substantially adds to the costs. Santa Monica voters showed their strong support this November for new housing and not for unnecessary process.
Thank you for your consideration of our position.
Sincerely,
Brad Ewing and Carl Hansen
Co-Chairs, Santa Monica Forward
Item 16-M
December 17, 2024
Item 16-M
December 17, 2024