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HomeMy WebLinkAboutStaff Report 3948 CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY August 5, 2013 The Honorable City Council Palo Alto, California Adoption of an Ordinance Adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to Restrict the Use of the City Seal and Other City Logos Recommendation Staff recommends that the Council adopt an ordinance adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to Restrict the Use of the City Seal and other City logos (Attachment A). Background As part of its initiative to create a contemporary and consistent brand for the City of Palo Alto, the City Manager’s Office has developed a new City logo. This design incorporates elements of various versions of City seals and logos that have been used in the past and conveys a distinctive image for the City. The design is comprised of two concentric circles, with the outermost circle broader and green without any shading inside of it and the inner circle shaded in green with a picture of a white tree in the center of the circle. Below or to the right of the circles, the words “City of Palo Alto” appear in capital letters. The new design is shown below in its horizontal and vertical forms: Page 2 The purpose of the new City logo is to facilitate the process of creating a unique brand for the City of Palo Alto and communicating that brand to the public. The City logo is distinct from the City seal. The City seal is maintained by the City Clerk and is used to certify official documents and for other official business. Below are color and black and white images of the City seal: In order to prevent unauthorized use of both the City seal and logo, the City must adopt an ordinance that identifies and describes the seal and logo, sets forth the permissible uses and establishes penalties for unauthorized uses. Discussion In order to develop the design of the new City logo, the City Manager’s Office worked extensively with a design firm previously known as RHDG and now known as Tandem Creative, Inc. The design process included soliciting input about the City of Palo Alto from twenty-six City staff members and/or departments as well as creating and considering over one hundred possible designs for the City logo. The design that was eventually selected includes a simplified image of a redwood tree, which is consistent with the City’s namesake of El Palo Alto as well as the official City seal (which contains a more detailed tree image) and other prior City logos. The tree image also evokes a connection with the logo of Stanford University. These important associations contribute to the significance and meaning of the new City logo design. The intention of creating a new City logo is to promote the consistent use of the image by all City departments and to limit the proliferation of logos that have been used by various departments in the past. One important function of the seal is to provide a way of clearly communicating to the public that City programs and services are funded and offered through the City’s tax dollars. At the same time, the City has an interest in permitting the use of supplemental logos in certain contexts. For example, the Palo Alto Art Center has developed the logo shown below, which is different, but compatible with the City logo: Page 3 This logo serves the purpose of showing the Palo Alto Art Center’s relationship to the City of Palo Alto, while still allowing the Palo Alto Art Center to communicate an identity and brand of its own to artists, donors and other constituencies. To obtain legal protection for the new City logo design, the City Attorney’s Office submitted an application for a Certificate of Registration of Service Mark from the State of California Secretary of State on December 20, 2012. Basic information was provided on the application form, including a description and drawing of the service mark, the manner in which the mark is used and the date that the mark was first used. On February 26, 2013, the Secretary of State approved the registration; and the registration is effective for a term of five years. As part of the process of reviewing the City of Palo Alto’s application, the Secretary of State conducted a search of marks registered with its office and found that the City of Palo Alto’s service mark does not appear to resemble any registered mark. However, there may be unregistered marks, California trade names, fictitious names or names under which individuals conduct business that may resemble the City of Palo Alto’s service mark. The registration of the service mark with the Secretary of State does not by itself protect the service mark against unauthorized uses. Instead, the owner of a service mark is responsible for protecting the rights to its mark by enacting an ordinance regulating use. The City of Palo Alto does not currently have an ordinance formally establishing an official City seal or logo. In general, however, cities with recognizable seals or logos do have ordinances that identify the unique characteristic of their seals and prohibit unauthorized uses of them. The City Attorney’s Office, therefore, submits the attached Ordinance adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to restrict the use of the City seal and logo. The proposed ordinance describes the existing City seal and the design of the new City logo. It establishes procedures for the creation of variations of the City seal, the adoption of other official seals or logos, the alteration of the City seal and custodianship of the City service marks. It also sets forth permissible uses of the City seal and logo by recognized employee organizations, designated organizations that work with the City on providing events, services or programs, approved partners on co-sponsored City events, and selected items offered for sale by the City of Palo Alto for the purpose of promoting the City of Palo Alto. Finally, it establishes fines for unauthorized uses of the City seal and logo. Resource Impact There are no immediate resource impacts related to this recommendation. The City staff does not plan to immediately change the City logo that currently appears on durable City property such as garbage and recycling bins; however it will incorporate the new City logo on new property as it is acquired such as new recycling bins, fleet vehicles, uniforms, signs, business Page 4 cards, letterhead and the like. In most cases, the City logo will be added to new property as it is purchased rather than replace durable property that is expected to last for many more years. Environmental Review Adoption of the attached Ordinance is not a project subject to environmental review under the California Environmental Quality Act (CEQA). ATTACHMENTS:  A: Ordinance to Restrict Use of the City Seal (DOC) Department Head: Molly Stump, City Attorney NOT YET APPROVED 130628 jb 0130945 1 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to Restrict the Use of the City Seal and Other City Logos R E C I T A L S A. The public interest requires that periodic revision of the municipal code is necessary in order to make editorial changes for clarification and to make revisions that are consistent with current practice and public policy. B. The Palo Alto Municipal Code requires revision to protect and clarify the proper use of the City seal. The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 2.06 (Official City Seal and Logo) of the Palo Alto Municipal Code is added to read: 2.06.010 The City Seal and City Logo. (a) The City Seal is described as follows: Three concentric circles. The outermost circle is broadest with shading inside of it. Between the outermost and second circle the words “City of Palo Alto California” appear in capital letters. Between the second and third circles the words “Incorporated April 23, 1894” appear. In the center of the circle is a green tree. (b) The City Logo is described as follows: Two concentric circles. The outermost circle is broader and green without any shading inside of it. The inner circle is shaded in green and has a picture of a white tree in the center of the circle. Below or to the right the circles the words “City of Palo Alto” appear in capital letters. (c) The City Manager is authorized to develop and approve other City logos and any logo so approved by the City Manager shall be retained on file with the City Manager. 2.06.020 Use of City Seal and Logos. (a) Use of Seal. The City Seal and City logos shall only be used for the official business of the City of Palo Alto, its City Council, boards and commissions, officers or departments, except upon approval of the City Council by ordinance or resolution. Except as provided for in this Section, no person, other than the City of Palo Alto, shall reproduce, use, give away, sell, or distribute any seal or logo, or facsimile thereof, purporting to be or represented to be the City Seal or City Logo of the City of Palo Alto. NOT YET APPROVED 130628 jb 0130945 2 (b) Additional City Seals. The City of Palo Alto City Council retains the right to create variations of the City Seal and City Logo and to adopt and establish other official seals and logos. Such variations may include, but are not limited to, centennial seals, or other seals which mark anniversaries, events, and/or any other City occasion the City Council wishes to commemorate. (c) Amendment of City Seal. The City Seal may be altered pursuant to resolution of the City Council. (d) Custodian of City Seal and other Council-adopted Seals. The City Clerk shall be the official custodian of the City seal, and any other city seals adopted by the City Council. (e) Custodian of City Logos. The City Manager shall be the official custodian of City logos. (f) Use of City Seal or Logo by Employee Organization. A recognized employee organization may use the City seal or logo, 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. (g) Promotional Use of City Seal or Logo. The City Manager or his/her designee is empowered to authorize the use of the City seal or logo on items that are offered for sale by the City of Palo Alto for the purpose of promoting the City of Palo Alto. Prior to authorizing such use, the City Manager or his/her designee shall procure from the Director of Administrative Services a plan describing the items that would bear the City seal or logo. Such plan shall include the criteria used in determining the proposed items and an analysis of the marketability of each item. Only those items bearing the City seal or logo that have been authorized by the City Manager or his/her designee pursuant to this provision may be offered for sale by the City of Palo Alto. (h) Penalty. Any person violating this ordinance shall be guilty of an infraction. A violation of this ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action. Every violation of this ordinance is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. The City reserves the right to take any other legal action it finds appropriate to enforce this ordinance. SECTION 2. Severability. If any provision or clause of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter, and clauses of this chapter are declared to be severable. SECTION 3. CEQA. The Council finds that this is not a project under the California Environmental Quality Act and, therefore no environment impact assessment is necessary. NOT YET APPROVED 130628 jb 0130945 3 SECTION 4. Effective Date. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Senior Asst. City Attorney City Manager ____________________________ Director of Administrative Services