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HomeMy WebLinkAbout15 - Amendment to Newport Beach Municipal Code Section 1.16.050 (Use of the Official Seal)CTY OF F NEWPORT BEACH City Council Staff Report August 11, 2015 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Aaron Harp, City Attorney — (949) 644 -3131, aharp @newportbeachca.gov PREPARED BY: Michael Torres, Assistant City Attorney PHONE: 949 - 644 -3131 TITLE: Amendment to Newport Beach Municipal Code Section 1. 16.050 (Use of the Official Seal) ABSTRACT: Newport Beach Municipal Code ( "NBMC ") Section 1.16.050 (Use of the Official Seal) is being proposed for amendment to remove any potential ambiguity regarding the use of the official seal of the City of Newport Beach ( "City ") by third parties. RECOMMENDATION: a) Select the appropriate revision to NBMC Section 1.16.050, as outlined in Exhibit 1 of the staff report, or another revision deemed appropriate by the City Council; and b) Introduce Ordinance No. 2015 -27, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Section 1. 16.050 Regarding the Use of the Official Seal of the City of Newport Beach, and pass to second reading on September 8, 2015 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The City Council requested the City Attorney's Office return with options to amend NBMC Section 1.16.050 to remove ambiguity regarding the use of the City's official seal by third parties. Four proposals have been outlined in the attached Exhibit 1 for the City Council's consideration: (1) a complete ban; (2) a partial ban allowing use of the City's official seal when included in a picture and accompanied by a written disclaimer; (3) a ban modeled on the Federal approach to the use of seals, which prohibits use with the intent to convey a false impression of sponsorship or approval by the City; and (4) an explicit prohibition on the use of the City's official seal for political purposes. Following discussion, the City Council's approved amendment will be incorporated into the final version of the attached ordinance and first reading will be conducted. 15 -1 ENVIRONMENTAL REVIEW: Staff recommends the City Council find the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Ordinance Attachment B - Exhibit 1 Attachment C - Redline Draft of Code Sections 15 -2 ATTACHMENT A ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE SECTION 1.16.050 REGARDING THE USE OF THE OFFICIAL SEAL OF THE CITY OF NEWPORT BEACH WHEREAS, Newport Beach Municipal Code Chapter 1.16 establishes an official seal for the City of Newport Beach ( "City "); WHEREAS, the City uses the official seal to, among other purposes, authenticate official documents and in the regular course and scope of official business; and WHEREAS, the City desires to amend the existing regulations within the Newport Beach Municipal Code to remove potential ambiguity regarding use of the official seal by third - parties. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 1.16.050 of the Newport Beach Municipal Code is hereby amended to read as follows: [Insert Amended Language Selected by the City Council] Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 15 -3 Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11 day of August, 2015, and adopted on the 8 day of September, 2015, by the following vote, to -wit: AYES. COUNCILMEMBERS NOES. COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYO ATTEST: EDWARD D. SELICH LEILANI I. BROWN. CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 15 -4 ATTACHMENT B Exhibit 1 (1) Complete Ban 1. 16.050 Use of the Official Seal. A. The official seal of the City of Newport Beach shall only be used for the official business of the City of Newport Beach, its City Council, boards and commissions, committees, officers or departments, except upon approval of the City Council by ordinance or resolution. Except as expressly provided herein, no person, other than the City of Newport Beach, shall reproduce, use, allow to be used, give away, sell, or distribute the official seal of the City of Newport Beach. B. As used herein, the term `official seal of the City of Newport Beach" shall mean: (1) the seal defined in Chapter 1.16 as well as any design which is an imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof; and (2) any cut, facsimile, or reproduction of said seal. C. As used herein, "use" of the official seal of the City of Newport Beach shall include the depiction of the official seal of the City of Newport Beach in any picture, photograph, or visual representation, whether it is a direct depiction of the seal or the seal is included in the background. D. As used herein, the term "official business" shall include: official communications that reflect a position or policy of the City Council; the placement of the City seal on City owned /leased property, City uniforms or City signs; communications from City employees related to matters which the employees are working on for the City; and communications that do not set forth a position or policy of the City such as proclamations, constituent services, thank you cards and letters of condolence. As used herein, the term `official business" shall not include any of the following uses: commercial; or non - commercial including, but not limited to, non - profit, malicious, political, religious, educational, fundraising, personal or secular. (2) Partial Ban 1.16.050 Use of the Official Seal. A. The official seal of the City of Newport Beach shall only be used for the official business of the City of Newport Beach, its City Council, boards and commissions, committees, officers or departments, except upon approval of the City Council by ordinance or resolution. Except as expressly provided herein, no person, other than the City of Newport Beach, shall reproduce, use, allow to be used, give away, sell, or distribute the official seal of the City of Newport Beach. 15 -5 B. As used herein, the term `official seal of the City of Newport Beach" shall mean: (1) the seal defined in Chapter 1.16 as well as any design which is an imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof; and (2) any cut, facsimile, or reproduction of said seal. C. As used herein, "use" of the official seal of the City of Newport Beach shall not include any picture, photograph, or visual representation where the official seal of the City of Newport Beach is depicted in the background of said representation, provided any publication or distribution of the picture is accompanied by a written disclaimer in twelve (12) point font which provides that the City of Newport Beach has not approved, endorsed, or authorized the use of the City seal for the purpose. D. As used herein, the term 'official business" shall include: official communications that reflect a position or policy of the City Council; the placement of the City seal on City owned /leased property, City uniforms or City signs; communications from City employees related to matters which the employees are working on for the City; and communications that do not set forth a position or policy of the City such as proclamations, constituent services, thank you cards and letters of condolence. As used herein, the term `official business" shall not include any of the following uses: commercial; or non - commercial including, but not limited to, non - profit, malicious, political, religious, educational, fundraising, personal or secular. (3) Federal Approach (18 U.S.C. § 713(a)) 1.16.050 Use of the Official Seal. No person shall use or allow to be used the official seal of the City of Newport Beach, any picture, photograph or visual representation that depicts said seal in any manner, or any cut, facsimile, or reproduction of said seal, or make or use any design which is an imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the City, or any officer, board, commission, committee or department thereof, without the express consent of the City Council of the City of Newport Beach. (4) Explicit Political Prohibition 1.16.050 Use of the Official Seal. No person shall use or allow to be used the official seal of the City of Newport Beach, any picture, photograph or visual representation that depicts said seal in any manner, or any cut, facsimile, or reproduction of said seal, or make or use any design which is an imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof, for malicious or commercial purposes, in support of or in opposition to any person seeking an elected office or of any ballot measure, or for any purpose other than for City purposes or for the purposes of any 15 -6 officer, board, commission, committee or department thereof, without the express consent of the City Council of the City of Newport Beach. 15 -7 ATTACHMENT C Redline Drafts of NBMC Section 1.16.050 (1) Complete Ban 1.16.050 Use of the Official Seal. A. The official seal of the City of Newport Beach shall only be used for the official business of the City of Newport Beach, its City Council, boards and commissions, committees, officers or departments, except upon approval of the City Council by ordinance or resolution. Except as expressly provided herein, no person, other than the City of Newport Beach, shall reproduce, use, allow to be used, give away, sell, or distribute the official seal of the City of Newport Beach. B. As used herein, the term "official seal of the City of Newport Beach" shall mean: (1) the seal defined in Chapter 1.16 as well as any design which is an imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof; and (2) any cut, facsimile, or reproduction of said seal. C. As used herein, "use" of the official seal of the City of Newport Beach shall include the depiction of the official seal of the City of Newport Beach in any picture, photograph, or visual representation, whether it is a direct depiction of the seal or the seal is included in the background. D. As used herein, the term 'official business" shall include: official communications that reflect a position or policy of the City Council; the placement of the City seal on City owned /leased property, City uniforms or City signs; communications from City employees related to matters which the employees are working on for the City; and communications that do not set forth a position or policy of the City such as proclamations, constituent services, thank you cards and letters of condolence. As used herein, the term "official business" shall not include any of the following uses: commercial; or non - commercial including, but not limited to, non - profit, malicious, political, religious, educational, fundraising, personal or secular. (2) Partial Ban 1.16.050 Use of the Official Seal. A. The official seal of the City of Newport Beach shall only be used for the official business of the City of Newport Beach, its City Council, boards and commissions, committees, officers or departments, except upon approval of the City Council by ordinance or resolution. Except as expressly provided herein, no person, other than the City of Newport Beach, shall reproduce, use, allow to be used, give away, sell, or distribute the official seal of the CitV of Newport Beach. B. As used herein, the term "official seal of the City of Newport Beach" shall mean: (1) the seal defined in Chapter 1.16 as well as any design which is an 15 -8 imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof: and (2) any cut, facsimile, or reproduction of said seal. C. As used herein, "use" of the official seal of the City of Newport Beach shall not include any picture, photograph, or visual representation where the official seal of the City of Newport Beach is depicted in the background of said representation, Provided any publication or distribution of the picture is accompanied by a written disclaimer in twelve (12) point font which provides that the City of Newport Beach has not approved, endorsed, or authorized the use of the City seal for the purpose. D. As used herein, the term `official business" shall include: official communications that reflect a position or policy of the City Council; the placement of the City seal on City owned /leased property, City uniforms or City signs; communications from City employees related to matters which the employees are working on for the City; and communications that do not set forth a position or policy of the City such as proclamations, constituent services, thank you cards and letters of condolence. As used herein, the term "official business" shall not include any of the following uses: commercial; or non - commercial including, but not limited to, non - profit, malicious, political, religious, educational, fundraising, personal or secular. (3) Federal Approach (18 U.S.C. § 713(a)) 1.16.050 Use of the Official Seal. No person shall use or allow to be used the official seal of the City of Newport Beach, any picture, photograph or visual representation that depicts said seal in any manner,or any cut, facsimile, or reproduction of said seal, or make or use any design which is an imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the City, or any officer, board, commission, committee or department thereof, fl4a4Gieas --ef -,l puFpeses, r f49F n puFpese ., +heF than f49F Gity OF for the p urpeses of aRy GffiGer, beard ^r depaFtMeRt thereof without the express consent of the City Council of the City of Newport Beach. (4) Explicit Political Prohibition 1.16.050 Use of the Official Seal. No person shall use or allow to be used the official seal of the City of Newport Beach, any picture, photograph or visual representation that depicts said seal in any manner, or any cut, facsimile, or reproduction of said seal, or make or use any design which is an imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof, for malicious or commercial purposes, in support of or in opposition to any person seeking an elected office or of any ballot measure, or for any purpose other than for City purposes or for the purposes of any 15 -9 officer, board, commission, committee or department thereof, without the express consent of the City Council of the City of Newport Beach. 15 -10