HomeMy WebLinkAbout03 - Second Reading of Ordinance No. 2015-27 Relating to the Use of the Official Seal of the City of Newport Beach CITY OF
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. � NEWPORT BEACH
-- City Council Staff Report
September 8, 2015
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Aaron Harp, City Attorney— (949) 644-3131, aharp @newportbeachca.gov
PREPARED BY: Aaron C. Harp, City Attorney
PHONE: 949-644-3131
TITLE: Second Reading of Ordinance No. 2015-27 Relating to the Use of the Official Seal of
the City of Newport Beach
ABSTRACT:
On August 11, 2015, the City Council introduced and conducted a first reading of Ordinance No. 2015-27,
which prohibited all non-official uses of the official seal of the City of Newport Beach. The City Council
passed Ordinance No. 2015-27 to second reading at the September 8, 2015 meeting.
RECOMMENDATION:
Conduct second reading and adopt 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, prohibiting all non-official uses of the official seal of the
City of Newport Beach.
FUNDING REQUIREMENTS:
Not applicable.
DISCUSSION:
On July 28, after a noticed public hearing, the City Council introduced and passed to second reading
Ordinance No. 2015-27, which approved the amendment to Municipal Code Section 1.16.050. The
Ordinance would remove potential ambiguity regarding use of the official seal by third parties.
ENVIRONMENTAL REVIEW:
City staff recommends the City Council find the approval of the attached 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. Alternatively, City staff recommends the City Council find the approval of
the attached ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no
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potential for causing a significant effect on the environment.
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 No. 2015-27
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ATTACHMENT A
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
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:
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.
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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, including, but not limited to,
the support of or opposition to any person seeking an elected office or any
ballot measure, religious, educational, fundraising, personal or secular.
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 invalid or
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.
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.
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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
MAYOR
EDWARD D. SELICH
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
AARON C. HARP, CITY TTORNEY
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