CITY OF SIMI VALLEY MEMORANDUM

Transcription

1 CITY OF SIMI VALLEY MEMORANDUM AGENDA ITEM NO. 7C August 17, 2015 TO: FROM: City Council Office of the City Manager SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING TITLE 2, CHAPTER 8 OF THE SIMI VALLEY MUNICIPAL CODE GOVERNING THE USE OF THE CITY SEAL, GRAPHICAL CITY SEAL, CITY LOGO, AND CITY FLAG AND ADOPTION OF AN APPROVAL FORM FOR THEIR USE BY OUTSIDE ENTITIES AND AGENCIES STAFF RECOMMENDATION It is recommended that the City Council: 1. Introduce for first reading the attached ordinance (page 4) amending Title 2, Chapter 8 of the Simi Valley Municipal Code governing the use of the City seal, graphical City seal, City logo, and City flag, including a provision for the City Manager to approve requests from individual Council Members for such use; 2. Adopt the Approval Form (Attachment A, page 8) for outside entities and agencies to complete. CITY MANAGER S RECOMMENDATION The City Manager requests City Council consideration to introduce the attached ordinance for first reading, and to adopt the Approval Form. BACKGROUND AND OVERVIEW During its March 23, 2015 meeting, the City Council discussed the use of the City seal, graphical City seal, and City logo and directed staff to return with an ordinance for adoption governing the use of these City symbols, including a prohibition of unauthorized use and a method for review and approval that outside entities who wish to utilize the graphical City seal or logo for City cohosted or sponsored events must complete, prior to the use of the graphical City seal or logo. Staff also incorporated use of the City flag into the proposed ordinance. It is recommended that the City Council introduce for first reading an ordinance governing use of the City graphical seal, City logo, and City flag and adopt an associated Approval Form. The form of the City seal was adopted by the City Council through Resolution 69-2 on October 10, 1969 ( City seal ) for the purpose of officially certifying resolutions,

2 2 ordinances and documents by the City Clerk. The graphical or decorative City seal ( graphical City seal ) was designed by Bob C. Wrightson and adopted by the City Council on January 26, 1970, and is often seen in conjunction with the City s logo on letterhead, stationery, business cards, and in other official capacities. The City logo consists of a depiction of two hills which create a valley with the City seal floating above. The City flag was designed by Eric Orozco following a City-sponsored contest to design a City flag. Mr. Orozco s flag design, which incorporates the City logo with a setting sun, was chosen over 59 other entries. At the time that these City symbols were adopted by the City Council, there was not a policy or ordinance adopted to govern or protect their use. FINDINGS AND ALTERNATIVES Staff recommends that the City s seal, graphical City seal, City logo, and City flag be protected by ordinance and authorized for use in the course of official City business only, with any exceptions requiring approval by the City Manager or City Manager s designee. Such approval 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 requesters. The decision of the City Manager or designee regarding use of the graphical City seal, City logo, or City flag may be appealed to the City Council by submitting a written protest to the City Clerk s Office within fourteen (14) days of the City Manager s or designee s decision. The attached draft ordinance declares the unauthorized use of such City symbols to be a public nuisance, which may be abated or enjoined if necessary pursuant to the Municipal Code. A proposed form (page 8) is included for review and is modeled after forms used by the Cities of Manteca and Chowchilla, who require approval for outside agencies to use their City seal and logo. Should the City Council adopt the form as proposed, the form will be made available on the City s website. It is recommended that the City Manager be authorized to review and approve administrative changes to the form, over time, and prior to the graphical City seal, City logo, or City flag being utilized by another entity. The proposed ordinance also addresses instances where the Mayor or individual City Council Member may wish to incorporate a City symbol into a pin, insignia, or other article for use in ceremonial occasions or for other civic purposes. In such instances, the proposal must be submitted to the City Manager for approval, and the production of any approved items shall be at the sole expense of the creator of the design. A member of the City Council may appeal the decision of the City Manager within 14 days.

3 3 The following alternatives are available to the City Council: 1. Introduce for first reading the attached ordinance (page 4) amending Title 2, Chapter 8 of the Simi Valley Municipal Code governing the use of the City seal, graphical City seal, City logo, and City flag, including a provision for the City Manager to approve requests from individual Council Members for such use with the ability to appeal to the full City Council; 2. Adopt the Approval Form (Attachment A, page 8) for outside entities and agencies to complete; 3. Introduce for first reading a modified version of the attached ordinance governing the use of the City seal, graphical City seal, City logo, and City flag including a prohibition of unauthorized, deceptive, or fraudulent use; 4. Do not introduce the ordinance; 5. Provide staff with other direction. Staff recommends Alternative Nos. 1 and 2. SUMMARY During its March 23, 2015 meeting, the City Council discussed the use of the City seal, graphical City seal, and City logo and directed staff to return with an ordinance for adoption governing their use, along with a form that outside agencies must complete prior to the use of the seal and logo. City staff also included the City flag in a proposed ordinance. The proposed ordinance also includes a provision allowing designs of individual City Council Members or the Mayor for pins, insignia, or other articles to be submitted to the City Manager for approval. It is recommended that the City Council introduce for first reading the attached ordinance amending Title 2, Chapter 8 of the Simi Valley Municipal Code governing the use of the City seal, graphical City seal, City logo, and City flag and adopt the Approval Form (Attachment A, page 8) for outside entities and agencies to complete to utilize the City seal for co-hosted events. Prepared by: Samantha Argabrite, Assistant to the City Manager Samantha Argabrite, Assistant to the City Manager INDEX Page Ordinance... 4 Attachment A Approval Form... 8

4 4 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY AMENDING TITLE 2, CHAPTER 8 OF THE SIMI VALLEY MUNICIPAL CODE ESTABLISHING REGULATIONS FOR THE USE OF THE CITY SEAL, GRAPHICAL CITY SEAL, CITY LOGO, AND CITY FLAG WHEREAS, the City of Simi Valley was incorporated on October 10, 1969, and regulations identifying the proper use and permissions for the City seal, graphical City seal, City logo, and City flag have not been established and codified; and WHEREAS, in order to ensure that the City seal, graphical City seal, City logo, and City flag are utilized for appropriate circumstances only, and that unauthorized, deceptive, or fraudulent use, which may be harmful to the public health, safety, and welfare, be made unlawful. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS: SECTION 1. The following Sections are added to Title 2, Chapter 8 of the Simi Valley Municipal Code as follows: Graphical City Seal. The graphical City seal was adopted by the City Council on January 26, The graphical City seal is depicted below and is comprised of two concentric circles. At the top of the inner circle states City of Simi Valley California, and flanked on the left side with the words INCORPORATED ON and on the right side OCTOBER 10, At the bottom of the inner circle is a wreath with oranges and walnuts, which represents the oldest industry in Simi Valley. In the center of the inner circle is a shield separated into three sections. The top left corner depicts a bell, which is representative of the finest education, the top right depicts one of the oldest homes in Simi, which represents home, and at the bottom of the shield is a rocket, which is to depict science, work, and livelihood. As a background behind the shield, there are buildings in a decorative design that represent future Cityhood. Mt. McCoy is in the background, and the freeway represents progress and the beautiful entrance into Simi Valley. An official digital copy of the graphical City seal is on file with the City Clerk s Office.

5 5 ORD. NO City Logo. The City logo consists of the words "City of Simi Valley" under a depiction of two hills, which create a valley with the City seal floating above as is depicted below. An official digital copy of the City logo is on file with the City Clerk City Flag. The City flag depicts a sunrise above the two-hill-valley design contained in the City Logo, with blue stripes at the top and bottom of the flag and the words The City of Simi Valley California overlaid. An official digital copy of the City flag is on file with the City Clerk.

6 6 ORD. NO Use of City Seal, Graphical City Seal, City Logo, and City Flag. (a) (b) (c) (d) (e) (f) (g) The City Clerk has charge of the City seal, graphical City seal, City logo, and City flag and will affix the City seal to all certificates and documents as may be required by law, by this code, or by ordinance of the City. All other uses of the City seal, graphical City seal, City logo, and City flag 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 Clerk, or as otherwise specifically permitted in this Code. No person may make or use the City seal, graphical City seal, City logo, or City flag, or any cut, facsimile, or reproduction thereof of any of them, or to make or use any seal, logo, flag, or any design which is an imitation, in the design of, or which may be mistaken for the City seal, graphical City seal, City logo, or City flag or the design of the City seal, graphical City seal, City logo, or City flag without the written authorization of the City Manager or the City Manager s designee. City officers, City employees, members of the City Council, and members of City boards and commissions may use stationery, printed materials and other articles with the graphical City seal, City logo, or City flag, or facsimile of the graphical City seal, City logo, or City flag, while acting within the scope of their office or employment. No person, including any elected officer of the City, may use the City seal, graphical City seal, City logo, City flag, or facsimile of the City seal, graphical City seal, City logo, or City flag, 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. The graphical City seal, City logo, and City flag may be at times requested to be used by outside entities or agencies for events co-hosted or supported by the City, for a limited time, using a form approved by the City Council. All such 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 requests, 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 decision of the City Manager or designee regarding use of the graphical City seal, City logo, or City flag may be appealed to the City Council by submitting a written protest to the City Clerk s Office within fourteen (14) days of the City Manager or designees decision. It shall be unlawful for any person to make or use the City seal, graphical City seal, City logo, or City flag of the City of Simi Valley deceptively, fraudulently, or without express written permission from the City of Simi Valley. Unauthorized use of the City seal, graphical City seal, City logo, or City flag is declared a public nuisance and the City can abate or enjoin such use pursuant to this Code.

7 7 ORD. NO (h) Pins, Insignia and Other Articles. From time to time, the Mayor or an individual City Council Member may wish to incorporate the graphical City seal, City logo, or City flag into a pin, insignia, or other article for use in ceremonial occasions or for other civic purposes but not for sale or commercial purposes. Each such proposed design must be submitted to the City Manager for approval, and the production of such items after approval shall be at the sole expense of the creator of the design. The decision of the City Manager may be appealed within fourteen (14) days by a City Council Member. Ownership of the design shall be retained by the City. SECTION 2. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City. SECTION 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. Attest: PASSED and ADOPTED this Ky Spangler, Deputy Director/City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Approved as to Content: Lonnie J. Eldridge, City Attorney Eric J. Levitt, City Manager

8 8 ATTACHMENT A Application for Use of City Seal, Logo, and Flag The City of Simi Valley s logo, seal, and flag are the sole property of the City, and thus shall only be used upon the expressed, written consent of the City Manager or a designee under the authority granted by the City Council in accordance with Simi Valley Municipal Code Title 2, Chapter 8. Prior approval of a use shall not constitute approval for any future or recurring use. Any organization may make a written appeal of the City Manager s decision to City Council within fourteen (14) days of the City Manager s decision by submitting a written protest to the City Clerk s office. Name of Organization Requesting Use (Please Print): Organization Contact: Address: City: State: Zip: Phone: 1. Is the organization requesting use of the City logo or seal a recognized non-profit organization? Yes, it is a non-profit entity. (Please attach evidence of non-profit status) No, it is a for profit entity. 2. Please explain what event or advertising material the City seal or logo will be used for:

9 9 3. When will your organization use the City seal or logo? Starting Date: Ending Date: 4. Where will your organization use the City seal or logo? 5. Will any promotional materials or item using the City seal or logo be sold? Yes No Signature of Organization Representative: Printed Name of Representative: Title: Date: A completed application for use of the City seal or logo should be submitted to: City Manager s Office City of Simi Valley 2929 Tapo Canyon Road Simi Valley, CA Fax: (805) CityMgr@simivalley.org For Internal Use ONLY Date Received:, by: Approved by: Denied by: Reason for denial: