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O2369City Council Meeting: 9-27-11 Santa Monica, California ORDINANCE NUMBER (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 TO CLARIFY THE CITY'S AUTHORITY TO HANG TEMPORARY BANNERS FOR THE PURPOSE OF PROMOTING OR CALLING ATTENTION TO THE CITY AND ITS ECONOMIC VITALITY AND TO ALSO REFLECT THE CHANGE IN NAME OF BAYSIDE DISTRICT CORPORATION TO DOWNTOWN SANTA MONICA, INC. WHEREAS, Santa Monica Municipal Code Section 4.08.500 authorizes temporary banners to be hung over, on or in any public right-of-way by the City or its agents for the purpose of promoting City -produced or City co-produced events and activities, or for the purposes of promoting or calling attention to the City, celebrating holidays, and aesthetic enhancement; and WHEREAS, all other temporary banners are prohibited; and WHEREAS, the amendment would help facilitate the promotion and celebration of initiatives such as Buy Local Santa Monica that help to promote the City's overall economic vitality; and 1 WHEREAS, banners have proven to be a cost-effective and efficient communication tool in reaching Santa Monica's residents, employees and visitors and making them aware of local programs, events and initiatives; and WHEREAS, this ordinance would clarify the City's authority to hang temporary banners for the purpose of promoting or calling attention to the City and its economic vitality; and WHEREAS, this ordinance amendment would also reflect the recent change in the name of Bayside District Corporation to Downtown Santa Monica, Inc. 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: 4.08.500 Street banners prohibited—Exceptions. 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 and its economic vitality, celebrating holidays, and aesthetic enhancement. All other temporary banners are prohibited. 2 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 a non -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 this Section, events and activities produced by Downtown Santa Monica, Inc. and the Pier Restoration Corporation, or their successors, are classified as City -produced and may be promoted by banners hung along and 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. 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. 3 SECTION 3. 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. SECTION 4. 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: 0 Approved and adopted this 27`" day of September, 2011. Prd 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. 2369 (CCS) had its introduction on September 13, 2011, and was adopted at the Santa Monica City Council meeting held on September 27, 2011, by the following vote: Ayes: Council members: Holbrook, O'Connor, O'Day, McKeown, Shriver Mayor Pro Tem Davis, Mayor Bloom Noes: Council members: None Absent: Council members: None A summary of Ordinance No. 2369 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Maria M. Stewart, City Jerk