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Home My WebLink AboutResolution 2003-71 - Adopting a Policy for Advertising City- �- /o Rio/o3 0i Council/Agency Meeting Held: /o U Deferred/Continued to: l�pproved ❑ Conditionally Approved ❑ Denied City Clerk's SignAure Council Meeting Date: October 6 , 2003 Department ID Number: CA 03-32 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYO AND CITY COUNCIL MEMBERS SUBMITTED BY: JENNIFER MCGRA ity Attorney DAVID BIGGS, Director of Economic Development ° g -� PREPARED BY: JENNIFER MCGRAT ity Attorney _� CD--I SUBJECT: Adoption of Resolution No�UO3 adopting a policy rriQ advertising City-related events, products and services in Cityl4iliated7- : outlets FF y cn ' Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: The City desires to permit advertising of commercial and non-profit entities consistent with the City's goals and objectives and the First Amendment. Funding Source: N/A Recommended Action: Adopt Resolution No�003-1 t a resolution the City Council of the City of Huntington Beach adopting a policy for advertising City-related events, products and services in City affiliated outlets. Alternative Action(s): Do not adopt Resolution No.D 03=1 . Analysis: In June, 2003 the City entered into an agreement with U. S. Bank to establish the Surf City Huntington Beach Affinity Card. Although not contractually obligated to advertise or market the Surf City Affinity Card, the success of the card has a direct fiscal impact on the City's prospects for revenue generation from the program. During the Council meeting, a legal concern was raised regarding the use of City-affiliated vehicles for advertising commercial entities. Specifically, the legal issue relates to the ability of the City to permit certain advertising but reject other advertising consistent with the First Amendment. 0 • A policy has been developed to address this issue. The policy set forth in the attached Resolution is limited to advertising in non-public forums only. Advertising in public and designated public forums is not covered by this policy. Any advertising in a public and designated public forum would be subject to severe restrictions and should be referred to the City Attorney's office for review and consideration on a case by case basis. Environmental Status: N/A Attachment(s): No. Description 1. Resolution No. Adopting A Policy For Advertising City-Related Events, Products And Services In City Affiliated Outlets. 2. Power Point Presentation RCA Author: JMP ATTACHMENTNO . 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A POLICY FOR ADVERTISING CITY-RELATED EVENTS, PRODUCTS AND SERVICES IN CITY AFFILIATED OUTLETS WHEREAS,the City of Huntington Beach has numerous outlets for communicating with residents and customers; and These outlets offer the City an opportunity to raise much needed revenue for the City of Huntington Beach in the form of advertising fees or other revenues without further burdening residents; and The City, acting in its proprietary role as manager of City owned assets, desires to accept advertisements from certain entities in an effort to defray budgetary shortfalls; and The City does not, by accepting certain advertisements, intend to encourage all manner of expression in any outlet determined by the City Attorney's office to be a non-public forum; and The City does not intend to change an outlet's purpose by accepting advertisement, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Except as set forth in Section 2 of this Resolution,the City of Huntington Beach will only accept advertisements in non-public forums from: A. Any commercial or non-profit entity that has a formal contractual agreement with the City of Huntington Beach to deliver or offer City-run or City-affiliated programs, activities, or services on behalf of or in conjunction with the City of Huntington Beach; or B. Commercial entities that have as their primary purpose commercial transactions; or C. Not-for-profit entities who have sponsored,participated in,or contributed to City-run or City-affiliated events or publications. 2. The City reserves the right to exclude advertisements in any public forum or non- public forum, if the advertisement is: A. False or misleading, or inherently deceptive as those terms are used and defined in California Business &Professions Code Sections 17200 and 17500; 03reso/advertising/9/16/03 1 B. Promoting or encouraging illegal activities; PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the A day of ?d , 2003. Mayor ATTEST: APPROVED AS TO FORM: eo; City Clerk C Attorne REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator ity Attorn y d3 03reso/advertising/9/16/03 2 • • Res. No. 2003-71 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative'vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 6th day of October, 2003 by the following vote: AYES: Coerper, Groen, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: Sullivan ABSTAIN: None 101 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Power Point Presentation ATTAC H M E NT #2 • • Policy for Advertising City Related Events, Products and Services y October 6, 2003 y:.(ii'f�C!4��/-' f6/7�,a.�„��'.''..a3fIfYY�.��"i�. ��`y//J//////�',,,.fY4iYi.E.�':�F'c3yy',%SJf,$%�",b.�,'Y- •..••.� .w"r!� SLWl44"', -.'�'.�C. Background . r Approval in June 2003, of Surf City Huntington Beach Affinity Card reinforced need to clarify policy $• City desires to advertise, market and promote City-related: • Events • Products • Service 1 a Background Policy applies to City-affiliated outlets • Sands Y G�° • Community Connection • Newsletters • HBTV-3 • Others Policy presented is limited to non-public forums only IRS i Background t Policy allows City to accept advertising in City affiliated outlets for City-related: • Events • Products • Services �r m a 2 Recommended Action Adopt a Resolution adopting a hol policy for advertising City-related events, products and services in City-affiliated outlets �a �.IIJ 3 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Adopting a policy for advertising City-related events, products and services in City affiliated outlets COUNCIL MEETING DATE: October 6, 2003 ttti . K io►TTi4CH'MENTS � �.aSTATUS . Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by Cif Attorne ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable _ ;EXPLA„NATIO'N FOR MISSINGATTACHMENTS F REVIEWED : ; ` { ,.. RETUR==NED', N�. FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial , City Clerk ( ) EXP AN4Tl0N,F(J' ETURN'OF ITEM � s . Only)(Below Space For City Clerk's Use RCA Author: