1 David Yakobson
From: Sirinya Matute <[email protected]>
Sent: Tuesday, January 28, 2025 2:44 PM
To: councilmtgitems
Cc: Natalya Zernitskaya; Lana Negrete; Barry Snell; Ellis Raskin; Dan Hall; Jesse Zwick; Caroline Torosis
Subject: Support of 10B, January 28, 2025
EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis, and members of the SM City Council, I'm writing to express support for item 10B, introduction and first reading of an ordinance amending municipal code section 2.32.020 concerning the use of the City Seal and Other City Symbols. As shared back in December, an update to the city municipal code to provide clarification and direction pertaining to allowable and disallowable uses of City insignia was long overdue. The ordinance, as drafted, mostly makes sense to me. There is one sentence that runs very long, and might be difficult for layperson to interpret (section 2.32.020 g).
Nevertheless, having spent time in another city defending and protecting its brandmarks from misuse (literally, people thought it was okay to steal the city seal and produce items for sale with it on Etsy, Amazon, and other sites), I'm very impressed with this particular ordinance update. You are especially clear on the terms and conditions for the use of city insignia by our elected and appointed officials, an area of ambiguity in the past.
My last comment is in a future update, the City will need to update 4.68 on community events, referring readers back to 2.32.020; that section included a prohibition on the use of the city logo for private events hosted on city property, but lacked a reference to consequences for doing so (it's now established as a misdemeanor).
Thank you, Council and City Staff, for being responsive and direct.
With appreciation,
Sirinya Matute
On Mon, Dec 16, 2024 at 11:09 PM Sirinya Matute <[email protected]> wrote:
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.
Item 10-B
January 28, 2025
Item 10-B
January 28, 2025
2 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.
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 10-B
January 28, 2025
Item 10-B
January 28, 2025