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O2243f:\atty\m u ni\law\barry\streetbanners2ndread ing City Council Meeting 11-13-07 Santa Monica, California ORDINANCE NUMBER _ 2243 _ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.500 AND DELETING SANTA MONICA MUNICIPAL CODE SECTION 4.08.510 TO CLARIFY THE CITY'S AUTHORITY TO HANG NON-COMMERCIAL BANNERS FROM STREET-LIGHT POLES, IN ADDITION TO OVER-THE-STREET BANNERS, FOR THE PURPOSE OF PROMOTING CITY-PRODUCED OR CO-PRODUCED EVENTS OR MORE GENERALLY FOR PROMOTING OR CALLING ATTENTION TO THE CITY, ITS RESOURCES, BUSINESSES DISTRICTS, ATTRACTIONS, AND TO CELEBRATE HOLIDAYS AND TO AUTHORIZE THE CITY MANAGER TO APPROVE ADMINISTRATIVE GUIDELINES WHEREAS, Santa Monica Municipal Code Section 4.08.500 authorizes over-the- street banners to promote City-produced or City co-produced events; and WHEREAS, this Municipal Code provision does not expressly extend the same authority to hang banners from street-light poles; and WHEREAS, both over-the-street banners and vertical street Tight. pole banners can be valuable tools to promote or call attention to the City, its resources, business districts, attractions, facilities, and to celebrate holidays; and WHEREAS, this ordinance would clarify the authority of the City to hang City banners on street-light poles in addition to over-the-street banners, would expand the purposes for which these banners can be hung and would authorize the City Manager 1 to approve administrative guidelines to implement this ordinance in lieu of the outmoded provisions established in Santa Monica Municipal Code Section 4.08.510, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4.08.500 is hereby amended to read as follows: Notwithstanding anything contained in Section 4.08.490 hereof, temporary City banners over, on, or in any public right of way may be hung by the City or its agents for the purpose of promoting City-produced or City co-produced events and activities or for the purpose of promoting or calling attention to the City, celebrating holidays, and aesthetic enhancement. All other temporary banners are prohibited. A City-produced event is developed and implemented in its entirety solely by a City department or departments. A City co-produced event is one that has significant City staff involvement in both the planning and the implementation of the event together with anon-City entity. To be considered an event co-produced by the City, City staff must be involved in all aspects of the event including creative direction, funding and fund development, marketing and media relations, and staffing and support services. For purposes of 2 this Section, events and activities produced by the Bayside District Corporation and the Pier Restoration Corporation are classified as City-produced and may be promoted by banners hung over the Third Street Promenade and Pier, respectively. The City Manager is authorized to adopt administrative guidelines that are consistent with and that further the terms and requirements set forth in this Section. SECTION 2. Santa Monica. Municipal Code Section 4.08.500 is hereby deleted is its entirety. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 3 SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: MAf~'SHA JO~ MOUTRI City (,Attorney 4 Approved and adopted this 13th day of November, 2007. -- R shard Bloom, Mayor State of California County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2243 (CCS) had its introduction on October 23, 2007, and was adopted at the Santa Monica City Council meeting held on 13th day of November, 2007 by the following vote: Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver Mayor Bloom, Mayor Pro Tem Katz Noes: Council members: None Abstain: Council members: None Absent: Council members: None A summary of Ordinance No. 2243 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: ~~~- Maria M. Stewart, City Clerk