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HomeMy WebLinkAboutAgenda Statement 1978/05/23 Item 14CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item No. 14 For meeting of 5/23/78 ITEM TITLE Resolution y ~ ~'~ Approving amended policy for use of library meeting rooms SUBMITTED BY City Librarian ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO X ) On April 25, 1978 Council discussed two situations that occurred at the Library. (1) The distribution of business cards following a concert and (2) the use of a meeting room by a religious and/or commercial organization. Staff was advised to look into the situation of commercialization with regard to the Library activities and a procedure to be utilized in the future to avoid using commercial advertising at the Library. The concert in question drew over 200 people and while the library was adequately staffed apparently the individual distributing his business cards was able to do so without attracting staff attention because of the crowded conditions. As to the use of library meeting rooms by commercial/religious etc. groups, the existing policy has been so modified as to strengthen and clarify the policy in those areas. Additionally the matter has been discussed with the involved library staff and while there is no guarantee that all such cases as the above can be totally eliminated we are aware of the problem and the strengthened revised policy should assist in avoiding similar occurrances. At the same time we also want to create a positive image in encouraging the community's utilization of these facilities. No matter how stringent a policy is used, it is impossible to ensure that an exception may not occur at some future time. The "Policy for Use of Public Rooms" has been revised with changes which expand the coverage of the policy to exclude commercial use and add emphasis and clarity to the policy and more forcefully enunciate the use and limitations of use of the Chula Vista Public Library meeting rooms. The Board of Trustees at their last regular meeting on May 4, 1978 approved these modifications. The City Attorney has read the revision and has verbally approved of these changes. Incorporated in this revision are also suggestions from the City Manager. tXN1J~ll5 Agreement Resolution Ordinance Plat Notification List Revised Policy for Use of Public Rooms Other Ci~t ~Attorne ENVIRONMENTAL DOCUMENT: Attached Submitted on opinion on A-u or~ty for Prohibition of Distribut;nn n~~'nmmPrrial ArivPr ,camas c FINANCIAL IMPACT None STAFF RECOMMENDATION Resolution approving amended policy for use of library meeting rooms be adopted. BOARD/COMMISSION RECOMMENDATION Board approves modifications and recommends it's adoption by City Council. COUNCIL ACTION j~~ A p p R O V E D by the City Coui1eil of Cl~u~.a Vis~~a, Ce,lifo~nia Dated................:/J.~ .:...~~X .............................~» Form A-113 (Rev. 5/77) f ~~PARThlFMTAL CUKR~SPUNaFNC~ DATE: TO: Tray 9, 1978 Bradley A. Simon, City Librarian ,.. _,.~yy d ~: i ~ ".~ ~ ,-. ~.. ~ ] ~ j ~~ ~~~ ~ ~ ~ { ~~ ~J ~~ ~ ~ i c .J 'rj~ ~ ~ ~~~ F','~ v i ~ l~ ~ J Er ~'! tJ ~..i ~ ~ ~ ~ ~ i~'- p. Z y y ~' ~ ~ ~`• 1 ~ 7'1 §M q T~ ~tJ~ 4J ~. V i.. Wwi' 6 l /'~ ~\ i FROM: George D. Lindberg, City Attorney SUBJECT: Authority for Prohibition of Distribution of Commercial Advertisements In your memo of April 26, 1978, you requested an opinion as to the authority by which you or members of your staff could pre- vent the distribution of commercial advertising materials such as business cards, flyers or handbills within the Library facilities or on the grounds surrounding the Library. At the present time, there is no prohibition of this nature and except for regulations intended to eliminate littering or the interference in the proper conduct of the public business, such regulations may not be established. "The attempt to prohibit the mere handling of advertising matter to persons on the streets or in other public places has often been held to be an unlawful and unwarranted in- vasion of private rights and therefore to be beyond any lec;itimate exercise of the police power, and we are in accord with this view." People v. Taylor 33 C.A.2d (Supp.) 760, at 763. GDL:lgk C~,~y os Chu.2a V~.~~ta, Ca~.~.~on.ritia A 111 ql/ ~