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R11524City Council Meeting, May 9, 2023 Santa Monica, California RESOLUTION NUMBER 11524 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING UPDATED BIG BLUE BUS ADVERTISING GUIDELINES WHEREAS, the current Big Blue Bus guidelines were adopted by Council February 9, 2016; and WHEREAS, due to recent changes in the law, the Department of Transportation and the City Attorney’s Office recommends updating the guidelines; and WHEREAS, the Department of Transportation recommends the Council delegate authority to the City Manager to make future changes to the guidelines, through the Department of Transportation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Council hereby adopts the guidelines attached hereto as Exhibit A. SECTION 2. The Council hereby delegates authority to the City Manager, through the Department of Transportation, to update the guidelines from time to time as necessary. /// DocuSign Envelope ID: 36732ED4-0F5C-4A3A-B1B4-E9C20B90FC82 SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ DOUGLAS T. SLOAN City Attorney Exhibit A: Guidelines DocuSign Envelope ID: 36732ED4-0F5C-4A3A-B1B4-E9C20B90FC82 EXHIBIT A CITY OF SANTA MONICA BIG BLUE BUS POLICY FOR ADVERTISEMENTS ON BUS EXTERIORS This bus advertising policy is intended to maximize bus ridership, maintain governmental neutrality, avoid actual or perceived discrimination in advertising, respect First Amendment rights, avert harm or abuse to bus riders and buses and to the City’s transit system, maximize advertising revenues, and preserve marketability of advertising space on City bus exteriors. To achieve these purposes, the City allows all types of exterior bus advertising, without regard to content and viewpoint, except advertising that contain material falling within one or more of the following categories: 1.Political campaign speech. Ads that promote or oppose the election of any candidate or group of candidates for federal, state, or local government office, or any legislation, initiative, referendum or ballot measure. 2.Adult related products and services, such as alcohol, firearms, and tobacco, smoking, smoking materials, including electronic smoking or “vaping.” 3.Sexual or excretory subject matter, and/or Harmful Matter as defined by the California Penal Code Sections 311 or 313. 4.False, misleading or deceptive material. Any material that is, or the sponsor reasonably should have known is, false, fraudulent, misleading, deceptive, or would constitute a tort of defamation or invasion of privacy. 5.Material that infringes on any copyright, trade or service mark, title, or slogan. 6.Illegal Activity. Material that promotes or encourages unlawful or illegal behavior or activities under local, state, or federal laws. 7.Profanity or violence. Advertising that contains any profane language, or portrays images or descriptions of graphic violence, including dead, mutilated or disfigured human beings or animals, or intentional infliction of pain or violent action towards or upon a person or animal, or that depicts weapons or devices that appear to be aimed or pointed at the viewer or observer in a menacing manner. 8.Material harmful or disruptive to the transit system. Material so objectionable under contemporary community standards as to be reasonably foreseeable to result in harm to, disruption of, or interference with the transit system. DocuSign Envelope ID: 36732ED4-0F5C-4A3A-B1B4-E9C20B90FC82 9.Lights, noise, and special effects, including but not limited to rotating, revolving, or other movable parts, mirrors, flashing devices, or anything that may interfere with the safe operation of the bus or the safety of bus riders, pedestrians, drivers of other vehicles, or the public at large. 10. Material depicting unsafe transit behavior, such as non-use of normal safety precautions in awaiting, boarding, riding upon or debarking from the bus. 11. Material that conflicts with any applicable federal, state, or local law, statute, or ordinance. The City’s acceptance of an advertisement does not constitute express or implied endorsement of the content of the message of the advertisement, including any person, organization, products, services, information or viewpoints contained therein, including content that may be found via internet address or quick response (QR) codes that may appear in posted ads that direct viewers to external sources of information. All third-party advertisements appearing on City transit property must contain the following disclaimer, appearing in a consistent form and manner: The views and/or opinions expressed by the advertiser are not necessarily those of the City of Santa Monica. Rev. 3/2/2023 DocuSign Envelope ID: 36732ED4-0F5C-4A3A-B1B4-E9C20B90FC82 Adopted and approved this 9th day of May 2023. __________________________ Gleam Davis, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11524 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 9th day of May 2023, by the following vote: AYES: Councilmembers de la Torre, Brock, Zwick Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: Councilmembers Torosis, Parra ATTEST: _____________________________________ Denise Anderson-Warren, City Clerk DocuSign Envelope ID: 36732ED4-0F5C-4A3A-B1B4-E9C20B90FC82