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HomeMy WebLinkAbout7909 RESOLUTION NO.7909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING A UTILITY AND MUNICIPAL SERVICES BILL INSERT POLICY WHEREAS, the City recognizes that the City's insertion of materials into the bi-monthly utility and municipal services bill from external parties constitutes a limited public forum for purposes of speech and the First Amendment; and WHEREAS, the City has an overriding interest and reasonable expectation in deciding what is "announced" or "communicated" through its bi-monthly utility and municipal services customer billings; and WHEREAS, the City wishes to reserve this limited public forum for the City's sole intended purpose of promoting local events and programs that are coordinated with, sponsored by, or which, in the City's sole determination, supplement the resources of the City, and WHEREAS, the City has in the past designated limited public forums for the use of City property for signs and banners; and WHEREAS, the City now wishes to designate the space occupied by the insertion of materials into the bi-monthly utility and municipal services bill as a limited public forum; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. The City of Redlands' Utility and Municipal Services Bill Insert Policy, attached hereto as Exhibit "A," is hereby adopted. ADOPTED, SIGNED AND APPROVED this 18th day of September, 2018. Paul W. Foster, Mayor ATTEST: aAJrtit/i e Donaldson, City Clerk 1 I:\Resolutions\Res 7900-7999\7909 Establishing a UB Insert Policy.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 18th day of September, 2018,by the following vote: AYES: Councilmembers Barich, Tejeda, Momberger, James; Mayor Foster NOES: None ABSTAIN: None ABSENT: None Je e Donaldson, City Clerk 2 I:\Resolutions\Res 7900-7999\7909 Establishing a UB Insert Policy.dotx EXHIBIT "A" UTILITY AND MUNICIPAL SERVICES BILL INSERT POLICY POLICY STATEMENT Purpose: To establish a policy for the inclusion of printed materials within the City's Municipal Utilities and Engineering Department's utilities and municipal services bill. The City has an overriding interest and reasonable expectation in deciding what is "announced" or "communicated" through its bi-monthly utility and municipal services customer billings. The City's utility and municipal services bills, for purposes of such announcements and communications in the form of utility and municipal services bill inserts ("Inserts"), constitutes a limited public forum. This policy establishes standards for the inclusion of materials separate and apart from the customer's bill that from time to time may be included with the bimonthly mailing of the same. This policy further serves to reserve this limited public forum for the City's intended purpose of promoting local events and programs that are coordinated with, sponsored by, or, in the sole discretion of the City, supplement the resources of the City. The City, in its sole discretion, will exercise final approval authority over the selection of Inserts included with its bi-monthly billings for utility and municipal services. General: A.Two types of Inserts shall be permitted for inclusion within the utility and municipal services bill: 1) Those directly related to the City's operations. Examples include, but are not limited to, educational materials describing new utility rate structures, water conservation, or other information relating to City functions. 2) Those not directly related to the utility and municipal services operations, but related to local events and programs that are coordinated with, sponsored by, or that supplement the resources of the City, as determined by, and within the sole discretion of, the City. B. The most appropriate use of this limited public forum is as an informational channel to increase the City's ability to broadcast its messages promoting local events and programs that are coordinated with, sponsored by, or supplement the resources of the City to the widest possible audience. C. The City reserves the right to reject all requests to disseminate inappropriate content, including, but not limited to, those items that are political in nature, have obscene language or sexual content,threaten or defame any person or organization, violate the legal ownership interests of another party, promote illegal activity, or promote commercial services or products. 3 I:\Resolutions\Res 7900-7999\7909 Establishing a UB Insert Policy.docx D. The City reserves the right to reject all requests that are not in compliance with its intent to use this limited public forum to express its promotion of local events and programs that are coordinated with, sponsored by, or supplement the resources of the City. E. The City further reserves the right to require that the person or organization requesting an Insert pay to the City the City's estimated reasonable costs of complying with the request as a pre-condition of the inclusion of any Insert into the City's utility and municipal services bill. Guidelines: A. The City of Redlands Inserts shall take priority over the Inserts of all other eligible entities. B. The requesting entity will be responsible for the production (design, printing, folding) of the material it is requesting to insert into the bi-monthly utility and municipal services customer billings. The City(including specifically its utility enterprise funds) shall bear no costs associated with the same. C. The specifications outlining the requirements for the Insert may be obtained from the Customer Service Division of the Management Services Department. Such specifications outline the required size, weight, quantity of the insert as well as other Insert logistics. D. The City reserves the right to cancel the approval of an Insert for non-compliance with this Policy. E. A request for an Insert shall be submitted to, and approved by, the City Manager, or the City Manager's authorized designee. F. All Inserts approved for distribution shall meet the specifications outlining the requirements for the Insert, as provided by the Customer Service Division of the Management Services Department. G. The weight of any individual Insert shall not cause the regular bi-monthly utility and municipal services customer bill to exceed one (1) ounce in weight. H. The size of any individual Insert must conform to a#10 regular mailing envelope. 4 I:\Resolutions\Res 7900-7999\7909 Establishing a UB Insert Policy.docx