NOTICE OF ADJOURNMENT OF MEETING OF OF THE CITY OF WILDOMAR, CALIFORNIA  CITY COUNCIL  NOTICE IS HEREBY GIVEN, that the City Council of the City of Wildomar, California, Adjourned its Regular Meeting of April 22, 2009 at 9:15 PM to April 257 2009 at 9:00 AM, in the City Council Chamber, 23873 Clinton Keith Road, Wildomar, CA to consider  the following:  Norming session workshop to discuss:  (1) Review and discussion oft the General Plan (3)Iftime permits, the following:  (2) Presentation by the City Attorney's Office regarding Website access  Parks Committee, role and responsibilities Discussion regarding an Ethics Code RDA and the City'srole Discussion regarding Economic Development  DATED: April 23, 2009 ds  Chisdi  Schroeder, City Clerk  STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF WILDOMAR  SS  AFFIDAVIT OF POSTING  1,SHERYLL SCHROEDER, City Clerk of the City of Wildomar, do hereby declare that the above Notice was posted at or near the door of the City Council Chamber on April  23, 2009 within 24 hours of adjournment of the above-named meeting. Ic declare under penalty of perjury that the foregoing is true and correct.  Chhiseki City Clerk  Cess    NORMING SESSION APRIL 24, 2009  GENERAL PLAN DISCUSSION: Top three things about Wildomar are:  1. 2. 3. 4. 5. 6. 7. 8. 9.  Ridgelines/hills Nature/natural areas Compact city size Small town feel Great community involvement  Uniqueness, large lot residential areas  Walk ability, easy to walk from place to place, distances small enough  Arroyos & riparian areas, but fewer than in the past  Rural lifestyle, horses, properties large enough to support rural lifestyle  10. Individuals make a difference  Top issues:  1. Fiscal viability (balance with rural character) challenge! 2. Emergency preparedness, be ready to be self-reliant  3. Roads, public and private 5. Sewer capacity, urgent  4. ydrology/flooding, lack of curbs, gutters, storm drains, need creative solutions 6. Beautification, improve roadways & right of ways, landscaping, community clean up  7. "Adopt a Trail", way to maintain trails (trail master plan)  8. Providing for higher education 9. Preserve small-town feel  1    NORMING SESSION APRIL 24, 2009  "Iflwere "King, Iwould..":  1. Build a community center: city hall, library, park, swimming pool, community fair;  "gathering place/downtown" 2. Sports/equestrian complex 3. Improve the roadway system 4. Flyover over freeway 5. Better access tol business park 6. Connectivity  7. Create zones/overlay to protect rural areas 8. Fire station (east side) and emergency ops center  9. - Bring colleges to town  General Plan Options:  1. Plan during the slow time  2. Look at what would be lost if the plan isn't updated (balance with ability to pay and  need to bring in development (riparian area, arroyos) 3. Small steps: both support future development 4. Identify deficiencies in the current general plan 5. Amend the general plan, don'ttotally update now  a. Circulation b. Infrastructure  6. Work: to build a tax base 9. Look at costs to implement 10. Do important things first, then "want to" items 11. Look at Sedco area (potential priority) 12. Look at priorities, study, look at cost and then decide 13. Annual budget line item 14. Sedco is not a priority 15. Circulation & housing: priorities 17. Line item in budget  7. Minimum update - focus on legal requirements & Council priorities 8. "Reasonable" update, put new policles ini for high priority issues (arroyos, etc.)  16. Grculaton/nfrastrnucture, special improvements, not a total makeover 18. Circulation, infrastructure, housing, potential lost opportunities  19. Study issues and priorities, add to list at Council meetings, get consensus before  staff starts working 20. Historic element  2    NORMING SESSION APRIL 24, 2009  21. Finance Director will look at how to pay fori this (make take a long time).  22. Get organized 23. Price tags 24. Back to Council  3    2280 Market Street Suite 300 Riverside, California 92501-2121 voice 951,788.0100-fax 951.788.5785 www.bwslaw.com  N  LEGAL MEMORANDUM  TO: FROM: DATE: RE:  Mayor Farnum, Members of the City Council, City Manager Office of the City Attorney April 23, 2009 Website Policies  INTRODUCTION  We have been requested to highlight some of the legal aspects of providing links to other websites on the City's website. The Council has expressed some interest in providing website Jinks to other organizations or business entities that serve the community but has some concerns about limitations that may legitimately be imposed on the decision to permit such links, While the law is still developing in this area, many cities in the last ten years have developed policies for making such decisions and procedures for creating website links. The following is a review of the law generally relating to websites for cities. Attached are examples of website policies currently in effect in four very different communities in California. In each of the adopted policies, the city is careful to note that the City's website is a "non-public forum" designed to inform but not to be interactive with the community. We believe that is a critical  component to any policy that the Council may wish to consider.  QUESTION PRESENTED  What legal issues should be considered in the development of a policy for City  website links and usage?  RIV:I9-1698.8931 VI  CONFIDENTIAL-ATTORNEYICLIENT PRIVILEGE Do Not File With Publicly Accessible Documents Public Law Califomia    Website Policies April 23, 2009 Page 2  SHORT ANSWERS  Ift the City chooses to have links to other organizations on its website policy should be adopted that sets forth viewpoint neutral criteria for that will be permitted on the site. These criteria should be made available the types of links  a clear to the public  and strictly and even-handedly enforced.  The policy should be based on permitting sites that are compatible  purpose of the website. Such purpose should be reasonable and avoid discretion in determining which links shall be posted.  to the  narrowly tailored to  It must be noted that as websites and their public or private forum status relatively new area of the law, many issues have not been resolved in the courts, is a  hinders the création of policies and practices that we can say with  will That certainty avoid  creating liability.  DISCUSSION  Thel Supreme Court has ruled that, in assessing a First Amendment speech on government property, "we must first identify the nature of the the extent to which the government may limit access depends on whether forum, because public or non-public." Cornelius V. NAACP Legal Defense & Educ.  claim for the forum is Fund, (1985)473  U.S.7 788,797.  There are generally three types of public forums: traditional,  nonpublic/imited. Because case law states traditional public forums are designated, or by long tradition or by government fiat have been devoted to assembling places, which designated public forum or a nonpublic/limited publici forum Whether the City creates a  clear that Websites are not traditional public forums. Educators Ass'n, (1983) 460 U.S. 37, 45. designated public forums or nonpublic/limited Accordingly, forums. policies under which the City operates its website.:  in debate, iti is  Perry Educ. Ass'n V. Peny Local city. Websites are either depends on the terms and  A designated public forum is public property which the  for use by the public as a place for expressive activity. In a government has opened limits by the government on speech must serve a compelling designated interest and public forum, narrowly drawn to achieve that end and must leave open ample alternative must be communication. Perry Educ. Ass'n, supra 460 U.S. at 46. A nonpublic forum channels is of this type of public property the government may reserve the forum communication. for its intended For  property where by tradition or designation is not a forum for public  public  RIV #4819-1698-8931 vi  CONFIDENTIAL-ATTORNEYICLIENT Do Not File With Publicly Accessible Documents Public Law Califoria  PRIVILEGE    Website Policies April 23, 2009 Page 3  purpose, communicative or otherwise, as long as the reasonable and not an effort to suppress expression  regulation on speech is  oppose the speaker's view. Perry Educ. Ass'n, supra 460U.S. merely at46. because public officials  Courts generally apply a two-step analysis to determine whether forum, the government intended a location to be designated nonpubliclimited forum. This determination is based on a determine whether the government has made the  in creating a public forum or a two-step analysis. First,  entire class of speakers or whether individual members property generally available to an permission in order to access the property. Second, look of that class must obtain certain expressive conduct is properly designated to limit the to whether the exclusion of  in the forum to that which is compatible with the forum's City of Cookeville, 00021F3489,9B8M,  speech activity occurring purpose. Putnam Pit, Inc. V.  Ifthe City does not want the liability of creating a permitted, unless the restriction is narrowly tailored City must carefully draft its Website  itv would not be able to limit speech, (i.e., any links on designated its Website public forum, where city forums, Hopper V. City of Pasco, policy. 241 F.3d In a case not about city Websites but about the city hall for the display of art, but denied 1067 (9" Cir. 2001), the city had opened was too controversial. The city argued that the access to two artists stating that their art their decision to exclude the art was reasonable. city The hall was a non-public forum and that the city had created a designated any definite standards. Therefore the court found that toa a site that was very critical of the city, found that the lack of an prohibiting a website link promoted the city's tourism, industry, and economic policy was only to permit links that city officials raising the possibility of discriminatory welfare gave broad discretion toi viewpoint. Putnam Pit, Inc., supra, 221 F.3d at 845-846. application of the policy based on Accordingly, the City must draft and enforce objective, detailed. and are legitimate and permissible. In both Putnam and purpose (whatever that may be), courts held that the broad, unclear and un-enforced Hopper, discussed above, the discriminate against certain speakers. If the cities subjectively, in those based on viewpoint, careful in drafting their policies and been more consistent in cases had been more  would have to be  to serve a compelling interest) the  policy of non-controversy became enforced and because it lacked  Court held that the city's SO called  no policy at all because it was not consistently  public forum.  In Putnam, the court, in examining the city's actions in in this area of developing technology is not fatal to the website. But, the fact that the city's newly created  established city policy city's attempt to structure its  criteria/policies, which given the Website's reasonable unbounded discretion to city administrators to  specific,  policies set by the cities gave enforcing them, the courts PRIVILEGE  RIV#ASI9-109E8937 vi  CONFIDENTIAL-ATTORNEYICLIENT Do Not File With Publicly Accessible Documents Public Law California    Website Policies April 23, 2009 Page 4 79.  would have likely found in the cities favor. See, Hopper, supra 241 F.3d 1067 at 1078- Examples of objective criteria might be that the City must have sufficient space on its website page and/or on the computer's hard drive; that an entity ber a governmental agency; that an organization or person not be involved in any political lobbying activity; and that the person or entity enter into a hold harmless agreement with the City that would protect the City from any property damage or intellectual property infringement by the person linking to the City website. See Robert G. Boehm Attomey San Buenaventura, "Internet Links on City Website," League of California City  Cities Paper 99-22 (September 10, 1999).  The above examples will help ensure that the City remains strictly neutral and prevent the appearance that the City promotes one particular person over another on otherwise favors one commercial enterprise over another. If the City is not careful to appear neutral in all aspects of political or commercial debate, they will open In conclusion, in order to help prevent future litigation, the City should draft clear, neutral guidelines as to what Websites may be linked to their Website. These criteria should further the intended purpose of the City's Website, e.g., only links to entities that provide information regarding the City and public services offered by the City. If the adopts a policy that permits links to commercial businesses it must make sure City it is viewpoint neutral ini its criteria. For example, if the City permits a real estate business to place its link on the site but prohibits a link to an adult entertainment business, the adult business will have grounds to sue the City for viewpoint discrimination. Such  themselves up to constitutional challenges.  preferences in creating the City's policy must be avoided.  If you have any questions or comments regarding the above please do not  hesitate to contact me.  Respectfully submitted, Julie Paywand Bigga Julie Hayward Biggs, City Attorney Burke, Williams & Sorensen, LLP  KIPIAASIENT  CONFIDENTIAL-ATTORNEYICLIENT PRIVILEGE Do Not File With Publicly Accessible Documents Public Law- Califomia    Attachment "A"  Attachment "A"    CityofClaremont - Website Policies  Pagelof1  CITY OF CLAREMONT  Website Policies Website Linking Policy  The City ofClaremont has established this website as a "nonpublic forum" whose primary purposes are to facilitate commmnication between the City: and thej pablic, provide an alternative method for conducting certain business with the City, and the dissemination ofinformation related lo policies, programs, and services provided by, either ini full or inj part, Since this websife is a nonpublic forum, the Cityr reserves the right to grant or deny requests tos establish links from this website 1o websites controlled or maintained by other entities or idividuals. Decisions to rant or deny requests for: such links willl bel based on complinnce with at least one oft the following criteria and whether the link advances fhe primary  and/or administered by the City,  purposes of the City's website as stated above.  A hyperlink froni the City's website may be allowed provided the hyperlinked siter  isn maintained by a state, local, or federal government agency, al local school or library board, or a quasi- governmental agency (i.e., water district or sanitation district) with, jurisdiction in all or part of Claremont; is: maintained by aj private cducational institution operating within the City of Claremont and that is: accredited by the Western Association of Schools and Colleges or similar state, regional, or national accrediting isn maintained by a not-for-profit charitable, recreational, or cultural organization serving the Claremont ist maintained by: a nol-for-profit recreational organization that is partyt toas valid "Sports Facility Use is maintained. by apublic provider ofal utility.servicei for customers within Claremontyor; ist mainlained by: a qualified candidate running for an clected officei oft the City of Claremont ini thei noxt election. Qualified candidate is defined as any person who meets the criteria for being a candidate, either on the  organization;  commanity andi receives direct financial support from the City ofClarcmont;  Agreement" with the City ofClaremont;  ballot or as a write-in candidate, as contained: in the California Elections Code.  Links shall NOT be made to any website that: ist maintained by any political parly, or;  ist maintained by any organization whose primary purpose is to, or that spends a substantial amount of time and/or resources to, support or scck to defeat any candidate for clected office or any ballot proposal.  91 1999-2009 City or Clarémont 207 Harvard Ave., Claremont, CA91711  909-399-5460 ww. ciclaremont.ca.us  Website design and develapment by Highpoint, Inc.  Pwddlisomancauwpachilepalceee  4/21/2009    Attachment "B"  Attachment "B"    City yofFremont - City ofFremont Website Use Policy  Page 1 of1  ACBEsret oensn Dutons Fremont Home Contact Calendar Search I Site Map Home City of Fremont Website Use Policy City of Fremont Website Use Policy The City of Fremont Website Use Policy describes the standards  search Seurgie a -  About Fremont AwmmCwmCammm) Consiruction Employmen Envirrment Pemss PublcSalew  >  Recreation Matog  information on this website. The City has established this website and guidelines by which the City manages information to the public regarding services available to the public for from the primary purpose of providing regarding services available to the public from other governmental. City government, as well information of the City's updated website. The City, expects to update the July website 15, 2002, concurrent with the establishment regular basis in order to incorporate improvements over time. As updates and to this Website Use Policy ona versions of older policies willl be maintained by the City Clerk in accordance with this policy are adopted, archived  partnership with the City.  agencies and private organizations ini  This Website Use Policy (Version 2002-01) is effective as of  policy.  the City's records retention  This Website Use Policy incorporates the following policies: Privacy, Policy Link Policy (City links to exteral websites) Link Policy (External links to the City's website). Events Calendar Policy LegaNolice  For more information on these policies, please contact: Cheryl Golden,  cgoiden@ci fromont.ca.us or 510-284-4025.  Communications Coordinator,  IAEaIRNCN HatCommersre Corstrustion Coptact) Employmontis Ewircnmenht Pernisi IPublos Satl Bocsation  Please contact cGoldenoc fremont.ca.us ify Visitng you: have any questions about this specific page.  10:2002 Cky 0E Frechont. Ait Tignts eseked. Wousite Policies  -A  4/21/2009    City of) Fremont - Privacy Policy  Page 1 of1  nes s Uovonmens SOCE CHI Fremont Homel I Contact I Calendari I5 Search Site Map Home > Privacy Policy Privacy Policy  search Search    AbouE Fremon! Business CIVHa Communiy Constuction Employment Environment ermis Public Safey Recroation Misiting  The City of Fremont recognizes and respects your right to privacy regarding personal revealed to the City through your use of the City's website. This privacy policy  identifying information  for collecting personal identifying information from the City's website, and the explains the City's practices determine how your personal identifying information is collected and used by the choices City you can make that purpose of this privacy policy, the City will use the term "identity information" to refer organization. to information For the which) identifies you individually, including your name, phone number, e-mail address, or your physical address. information, or (2) a court order. However, it is important to understand that the City person has providing the provide public access to "public records" under the California Public Records Act (California obligations Government to information consistent with the requirements of the California Public Records protect Act, the privacy there of your identity required to provide access to the substance. of your communcation, with a deletion example, the City may be forms (e.g. the Contact the City page, eBiz Newsletter page, etc.) and transactional through variety of online Rec). The primary reason that the City collects and maintains citizen information is to applications (e.g. Reg-E- The City values opinions and comments from citizens, so it may occasionally conduct online Participation in these surveys is entirely optional. Typically, the information is aggregated and surveys. citizen opinions on important community issues. Survey participants are The City tracks web server log files in order to create aggregate statistical  The City will not release identity information without either: (1) the consent of the sections 5250, at seg). Thus, while the City will make every effort to your communications that the city will be required to reveal to the public. For The City receives identity information from customers through the City website  Code  may be portions of (or redaction) of your a serve you and  identity information.  administer your customer relationship with the City.  used to record  in the survey. City network:  anonymous unless otherwise stated  detect  maintain security. These reports do not contain any personally identifiable reports, information of users errors, outside and The City may use identity information collected to distribute information about City services, The City of Fremont provides users the opportunity to opt-out of receiving communications and/or modify information previously provided by sending email to the City's website Ify you have any questions about the City of Fremont's online privacy practices, please contact coordinator, Chery! Golden, at 510-284-4025 or polcmedremontcus. This Privacy Policy (Version 2002-01) is effective as of July 15, 2002, concurrent with the establishment the City's updated website. The City expects to update the website and this Privacy in order to incorporate improvements over time. As updates to this policy are older policies will be maintained by the City Clerk in accordance with the City's adopted, records retention versions of HOSEL LAbout Fremont IBusinessi ICity Halll Commenty Constiotionl ContasiFtipoyment! Environmment! PAyIw  the  fromi the City coordinator, Cheryl the website  Golden, at oomedremontcus.  of policy.  Policy archived on a regular basis  Visitng  Please contact Nicore@d, fremont. ca.us if you have any questions about this specific  - 2002 City or Fromant All aghts reservet Website Policies  page.  tp-www.femontgowPiwayPolieyhm  4/21/2009    CityofFremont- - Link Policy (City) Links to. Extemal Websites)  Page 1 of2  Fremont Home Contact Calendar SearchiSitel Map  search Search  X  Abouls Fremont DCwrCamrl Construction Employment Environment Pemits ASRNTS Meiting  Home > Link Policy (City Links to External Websites) Link Policy (City Links to External Websites) The purpose of this policy is to identify the criteria and conditions by which the establishing a forum for others to provide information. Rather, the City is complementary to and in support of the services provided by the City. This policy governs the creation of implied or explicit links to external websites  websites. Consistent with the City's overall Website Use Policy, the City's primary City provides for links to external external websites is for the City to provide information to the public regarding services purpose available linking to from City government, as well as nformation regarding services available to the public from other to the public governmental. agencies and private organizations in partnership with the City. Thus, the City is not website. users to resources outside the City which provide services to the general providing public) which are to direct ather communications on the City of Fremont website. Such links include: from images, notices, and Hyperlinks activated by clicking on an image or text, leading to a web page that does not reside Mention of a URL address providing users with the address of a web page that does not reside on Any other explicit or implied facilitation of movement from the City of Fremont website to another  information  City of Fremont website (explicit); City of Fremont website (implied), or;  on the the web  page that does not reside on the City of Fremont website.  The City may establish links on the City website to external sites, provided that cach  least one of the following criteria:  external site meets at  Other government agencies, including federal, state, county, regional, public schools, and Organizations that receive sponsorship from with the City of Fremont in the form of a financial awritten contract by which the City provides services in cowaboration with the organization to grant, Private utilities that have at franchise from the City of Fremont by which the City regulates or monitors organizations that rent or lease office space from the City of Fremont, such as tenants Commercial real estate and commercial developers that assist the City in prompting businesses throughout Fremont by providing listings of available commerdal property in Fremont. Local and regional economic development organizations that assist the City in throughout Fremont: the Fremont Chamber of Commerce, business district associations, promoting Economic Development Alliance for Business, Joint Venture Silicon Valley, East Bay Smali Business Development  districts.  special or achieve of the Family businesses  amutual goal related to the City's governmental purpose.  customerservice: issues, Resource Center.  Center, Bay Area Regional Technology Alliance, Manex, Sites providing directional and ciimatic information  The linked sites are not under the control of the City of Fremont and the City of for the contents of any linked site or any link contained in al linked site, or any changes Fremont or is not responsible sites. The City of Fremont is providing these links only as a convenience, and inclusion updates to such not imply endorsement by the City of Fremont or any association with their operators. the AIL links tos external sites will open in a new browser window, and wil meet accessibility than links to other governmental agencies, all links to external sites must be City's updated: website. The City expects toi update the website and this Link to incorporate improvements over time, Asupdates to this policy are  of any link does guidelines, Other approved by the City of Fremont Policy archived a regular basis ini order versions of older  website coordinator.  This Link Policy (Version 2002-01) is effective as of July 15, 2002, concurrent with the establishment of  on  the  adopted,  tpww.tremonugomt.govLinkPalicy.hm  4/21/2009    City ofFremont Link Policy (City Links to External Websites)  Page 2 of2  policies will be maintained by the City Clerk in accordance with the City's records retention policy. For more information on this policy, please contact: Cheryl Golden, Communications  pkcenecdfreotcaus: or 510-284-4025,  Coordinator,  HOMETAESUETeoE Bustnessiciy HallCemmunity CamhgIcasiteaew Enkronmenti Permits) IPubiic: SaleyIRAPreAion  Piease contact CGolendhremontcaus, ify Visiing you) have any questions about this specific page.  a2 2002 City ofl Fremntal Aill righers reserved, Webs.te.Policies  tpwww.femonigowLinkPalicy,hm  4/21/2009    City of Fremont Link Policy (External Links to the City's Website)  Page 1 of1  Fremont Homel J Contact Calendar I Search ISiten Map  search Search G 23  About Fremont Business CMHCammn Coostruction Employment Environment Demas Public Salevy Receation Misiting  Home > Link Policy (External Links to the City's Website) Link Policy (External Links to the City's Website) As site that links to the City of Fremont website:  Should not misrepresent its relationship with City of Fremont. This includes: Do not create a browser or border environment around City of Fremont content. Do not use the City of Fremont logo without permission from the City of Fremont. Should not imply that City of Fremont is endorsing it or its products. Should not present false information about City of Fremont services.  The City of Fremont is not obligated to link to an external site that provides a link to the City of Fremont This Link Policy (Version 2002-01) is effective as of July 15, 2002, concurrent with the establishment of the Ckty's updated website. The City expects to update the website and this Link Policy on a to incorporate improvements over time. Asupdates to this policy are adopted, archived regular versions of older in order policies will be maintained by the City Clerk in accordance with the City's records retention policy, HOMEI IAbnut Fremont/Busines) Ciy Haliçommunily Consructent CenteatiFimpaymant Eovronnent IPermitsl ESMZIEGAtaN!  website.  basis  Misiting  Please contact Psoldengich fremont. ca. us ir you have: any questions about this specific page.  8:2002 City af Framont All right resryes. Website.Polkes  ntpwww.femontgomtgpwlinkinglociywehsitcPolicy.htm  4/21/2009    City of Fremont Event Calendar Policy itahy Ga-pmMeTatheNesA GtN Fremont Homel I Contacti Calendar Searchi 1 Site Map Home > Event Calendar Policy Event Calendar Policy  Page 1 ofl  a  search Search 6 2  About Fremont Busines CMHComrt Construction Employment Environment Pemis PSwRaial Mating  The City of Fremont provides al listing of events in Fremont as a service to its customers. exhaustive list of all events in Fremont. The City may list events that meet one of the This list is not an  following criteria:  1. City events (e.g. Board and Commission meetings) 3. Relevant meetings of any non-City government. agency the use of public rights-of-way or City property  2. Events the City sponsors  4. Events open to the general public for which the City approves a special events The City also provides links to event listings at FremontOnline (consistent with the City's Link organizations that receive a sponsorship from with the City of Fremont,), and the Soren Policy) for Ohlone College (consistent with the City's Link Policy for goverment agencies). Gary For more information on this policy, please contact: Cheryl Golden,  permit and/or approves  Smith Centerat  284-4025.  golbenedifemontic.ts or 510-  HOMEL sbout Fremont IBisness poau Corunity 0dICAItes Ewironment) PermistPutiiet Ssidiy Epesant  Visisag  Please contact Calbenedimmankenus ify you have any questions about this specific page.   3902 Cty or renl Al TAE eserver. Wsbsites Polcies  pwiemomgewihemCalemdarPaulsyhem  4/21/2009    City of Fremont Legal Notice  Pagelof1  Fremont Home I Contact Calendar Search Site Map Home > Legal Notice Legal Notice No Warranty  search Searchi    About Fremont Business CivHan Communib Construction Employment Ervironment Pernis Publie Satevy, Recreation Msiting  While the City attempts to keep its website accurate and timely, the City neither warrants nor makes representations ons endorsements as to the accuracy, quality, content, or completeness of the site. Content is subject to change without notice from the City as a result of updates and corrections. content on the The City of Fremont is transmitted "as is" without warranties of any kind, either express without limitation, warranties of title. or implied warranties of fitness for a particular purpose. or implied, The including neither responsible nor liable for any viruses or contaminations of a web visitor's hardware, software, City is peripherals, or properties nor for any delays, inaccuracies, errors, or omissions resulting from use of or respect to the material contained on its website, including but not limited to, any material linked to from) the City of Fremont website. The City is not responsible for any special, indirect, posted incidental, on (or or consequential damages that may arise from the use of, or the inability to use, the contained on the site whether the materials contained on the: site are provided the site and/or of the materials  with  third party.  by City Fremont, ora  City's Exclusive Use of the Website  The City of Fremont's website is maintained for the exclusive usea and control of the City of Fremont in  communicating matters of general public interest over the Internet. The City is  others to provide information through the website. Legal Notice / Public Comment  not establishing at forum for  Itis important for users of the City's website to understand that messages transmitted: via not always reliable. Thus, although the City will make every effort to maintain the reliability the of Internet are communications. via the City's website, the City is unable to guarantee that any such: received by the City. Therefore, if you want or need" to provide the City with an official communications legal notice or will be comment, the City strongly. recommends that you confirm the City's actual receipt of communication public telephone. Tt you have any question as to the appropriate City official to whom a communication your  should via be  addressed, please contact the City Clerk at 510-284-4060.  Accessibility  The City of Fremont is committed to maintaining access for persons with disabilities. Reasonable accommodations. regarding equal access to information will be provided upon request to the of Fremont Senior Deputy City Attorey, Scott Rennie, at 510-284-4030, or the Risk  City Steve Manager, Schwarz,  at 510-284-4052, Monday through Friday, 8 a.m.-5p p.m.  HOMEI IB0otE Fremonti Bsinessicay! Halli IComm mityiConstruetion ContalFmpoymentit Eoviccament Parits IPuble SaletyiRecieaion  Visiting  Pleasen contact CGolden@c fremont.ra.us if you have any questions about this specific page.  19 2002 Gys aft Henan 6 Abncht roseRR Weosite Policins  tpwww.iremontgowlegiNoticahtm  4/21/2009    Attachment "C"  Attachment "C"    Website Policies  Page 1 of6  THE CITY OF Home > Website Policies  TEMECULA  INC. 1989  Website Policies  This Policy sets forth and explain the official policy of the City of Temecula (City) regarding use of the City's official website accessible at w.cltyofemecub.org and/or www.ctemecu.ca.us Collectively and individually, these domains and websites, including all web pages of each website, are considered and referred to from time to time herein as the City website or websites. The City website may expand or change from time to time without prior notice. This Policy also provides important information concerning material contained within, or accessible through the City website. By using the City website, you agree, without limitation or qualification, to be bound by this Policy and any other privacy or data collection policy applicable  to any individual City website.  Disclosure and Disclaimer Statement  1. The City's web. servers and websites are maintained to provide public access to City information via the Internet. The City's web services and the content found on its websites, including its web servers and databases, are updated on a continual basis. While the City attempts to keep its web information accurate and timely, the City neither warrants nor makes representations or endorsements as to the quality, content, accuracy, timeliness, or completeness of the information, text, graphics, hyperlinks, and/or other items or material contained on or within the City websites, this server or any other server accessible through the City website, Any and all such information, text, graphics, hyperlinks, and/or other items or material are distributed, made available and transmitted "as is", without any warranty of any kind, whether express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, and any and all such warranties are expressly disclaimed. The City of Temecula is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the City website and/or the materials contained on the website, whether the materials contained on the website are provided by the City of Temecula or a third party. Each City website user assumes any and all risks concerning the quality, content, accuracy, timeliness, and/or completeness as to any and  tpwww.ciyolteeculaorglemecula/policy.htm  4/21/2009    Websitc Policies  Page20 of6  all information received. City website materials have been compiled from a variety of sources, and are subject to change without notice from the City as a result of updates and corrections. To the extent permitted by law, commercial use of information, data, material and/or any other content found on or accessible through the City website, is prohibited 2. The City does not warrant that the functions contained in or provided by the City websites will be uninterrupted or error-free, or that defects will 3. All intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to any and all text, material, images and/or content appearing on or accessible through the City websites, belong to their respective. owners. Notwithstanding the foregoing, the City owns all intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to the City Seal, all City logos, symbols, emblems, and any and all othér images, designs, content and materials created by or on behalf of the City that appear on or are accessible through the City websites. 4. Any use of any of the City-owned materlals, images or other content accessible through, or appearing or stored on the City's websites is prohibited without the written permission of the City of Temecula. The following acts or activities are prohibited without prior, written permission from the City of Temecula: 1) modification and/or re-use of text, images or other web content from a City server; 2) distribution of the City's web content; or 3) mirroring" of the City's information, materials or data on a 5. Some of the hyperlinks on the City websites and pages therein may lead tor resources outside the City. The presence of these hyperlinks should not be construed as an endorsement by the City of these sites or their content. The City is not responsible for the content or the privacy policies of any website accessible through any such external hyperlink. The City disclaims the quality, content, accuracy, timeliness, and/or completeness of any and all information received from websites accessed through any such hyperlink, The user assumes all risks when accessing websites 6. Communications made through e-mail and messaging systems shall in no way be deemed to constitute legal notice to the City or any of its departments, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the City or any of its departments, officers, employees, agents, or representatives, where notice to the City is required by any federal, state 7. The City is neither responsible nor liable for any viruses or other  without the written permission of the City,  be promptly corrected.  non-City server.  through such hyperlinks.  or local laws, rules, or regulations.  Pwalyoltemcalaonlmsulapulig,hem  4/21/2009    Website Policies  Page3of6  contamination of any user's system, nor for any delays, inaccuracies, errors or omissions arising out of use of the City website or with respect to the material contained on the Website, including without limitation, any material posted on the Website, The City is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Website and/or the materials contained on the Website whether the materials contained on the website 8, The City website employs Industry-standard methods to monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage. The City uses reasonable precautions to keep the personal information disclosed to the City secure. Nevertheless, the City cannot guarantee and does not warrant the security of information disclosed electronically to the City. From time to time, the public may have opportunities to share personal information online with the City in order to facilitate better correspondence and service. This information includes but is not limited to e-mail addresses, responses to surveys, registering for services and new services to be created. The City will not disclose this information to any third party, unless required to dos sO under federal or state law, including, but not limited to, the California 9. The City website is coordinated and maintained by the Information Systems Division of the City. Web content is produced by each department and division within the City, and is the sole responsibility of the respective department and division. Information Systems may be contacted by mail at P.O. Box 9033 Temecula, California 92589, by  are provided by the City, or a third party.  Public Records Act.  telephone at (951)308-6300, or by e-mail at wepmaster@ctyortemecua.ory.  External Link Policy  Itis the purpose of the Temecula City Government website to provide accurate, non-editorial content that will inform Temecula City citizens about the services, operations and projects of Temecula City Government. In addition, the website is used to facilitate the delivery of services provided by the City of Temecula to its citizens and other customers. All City of Temecula departments and divisions are eligible to submit content or request the posting or hypertext linking to appropriate information to support their mission or The City of Temecula permits the establishment of links to external websites on the City's official website solely in conformance with this policy. In the establishing and maintaining of jts official website, the City does not intend in any manner to create a forum or other means by which public disclosure, exchange of opinions, or discussion on issues of any nature may occur. Rather,  service initiatives.  tp:/www.ciyollemectlorylemeculapolicy,hm  4/21/2009    Website Policies  Page 4 of6  the sole and limited purpose of this City's website and permitted external links ist to provide non-political, non-religious factual information about the City of Temecula including various services and resources available within and around the City, or as may be available from other government agencies. The Information Systems Director, a member of the City Manager's executive staff, is responsible for the management and oversight of the City of Temecula website. Comments about this site are welcome from any source and are  always greatly appreciated.  Links from Temecula City Government Website  Organizations wishing to establish external links on the City's website must submit an External Link application. This form will contain all information neçessary to verify the facts as stated and is necessary to establish that the consistent with the foregoing policy, it is the City's policy to limit external links State, local or federal governmental agencies or local school board; Museums, libraries, historical organization and similar kinds of established, bona fide organizations that provide cultural resources to Public and private, bona fide educational institutions as defined in Education Code Section 210.1, or as described in Education Code Section Organizations or Cosponsors that receive direct financial support from the Entities or organizations that have an ongoing, direct contractual relationship with the City for the provision of goods and/or services that Entities or organizations that are non-religious and non-political, that provide a unique online resource that will assist in the provision of services and/or information that compliment the purpose of the City's Entities or organizations that provide of non-pront/non-religious/non- political services that support and actively further the mission of the City Inc order to avoid the appearance of City endorsement of political content, links shall not be made to websites that are associated with, sponsored by, or serving a candidate for elected office, or any political party or organization  proposed link is in compliance with this policy.  to websites of the following kinds of entities and organizations:  residents and visitors of the City;  66010(a) and (b); Public Utilities; City  provide a direct benefit to residents  web presence as outhned above  of Temecula  pwayolemsaaoylemoulplity,lm  4/21/2009    Website Policies  Page5of6  supporting or seeking to defeat any candidate for elective office, or that are The City of Temecula reserves the right to deny an external link application to any person, business or organization when it is determined, following review of a complete application that 1) the entity or organization for which the application is made does not meet the criteria set forth in this policy; or 2) the applicant has failed to provide all required information, or has failed to provide  associated with any ballot issue or question.  truthful information. Removal of Content  The City Information Systems Director reserves the right to 1) remove any external link if the nature of the organization or business to which the link relates no longer complies with the City's external link policy; 2) to discontinue an external link at any time if entity's website provides or promotes false, slanderous, illegal, immoral, or incorrect information at any time, or 3) revise this policy without prior notice when to do sO is deemed to be in the best  interests of the City of Temecula.  City Calendar  The City Calendar is a service offered to website visitors as part of the main City website. The purpose of the City Calendar is to provide à central location for website visitors to easily find information, dates and times of City meetings, Holidays, City Sponsored or Co-Sponsored Festivals and Events, Parks & Recreation Department Activities and Library Department Programs The City Calendar is designed to be a service to website visitors. The City Calendar is not intended to be a public forum or other means by which public disclosure, exchange of opinions, or discussion on issues of any nature may occur, or a community calendar. The City Calendar is specifically for the use of City Staff to post events that are in direct support of staff's respective department's mission statement. Calendar items are considered website content and thus subject to approval of the City Manager/Information Systems Direçtor, with dispute resolution resting with the Management Information From time to time, categories may be added or deleted as staff finds and identifies new Calendar item categories or finds that existing categories are obsolete. To the best of the ability of City Staff, calendar items are correct and timely. However, the City Calendar is not intended to serve as, and under no circumstances: shall the same be deemed to provide, official notice of meetings or events. Users should confirm information regarding events with the posting  and Events.  Systems (MIS) Steering Committee.  tpwww.cityollemeculorylemecula/policy.htm  4/21/2009    Website Policies department.  Page 60 of6  Copyright @ 1989- 2009, City of Temecula I Site Map I Employee Email (OWA) I Website This web site conforms to W3C's "Web Content Accessibility Guidelines 1.0" Level A  Policies I Contact US  Sign. up for our esubscriptions. and Alerts.  pwayolamsalaonlemsulplisy,hme  4/21/2009    Attachment "D"  Attachment "D"    CITY CLERK File # 17150-30  AGENDA STATEMENT  CITY COUNCIL MEETING DATE: October 3, 2006  SUBJECT:  Proposed Internet Website Policy for Operation of City Websites Report Prepared by. Joni Pattillo, Assistant City Manager and  Leah Peachey, City ditorney's Office  ATTACHMENTS:  Resolution Establishing an Internet Website Policy for the Operation the Operation of City Websites or supply Staff with additional  ofCity Websites . direction. None,  RECOMMENDATION: NK ADOPT the Resolution establishing an Internet Website Policy for  FINANCIAL: STATEMENT: DESCRIPTION:  The City operates several Internet websites (the "City Websites") to provide residents, visitors and persons working in the City with information regarding governmental services and community events and activitics. The City" Websites include: 1) the official City Website, which provides information on City government and services, recreational opportumnities and community events; 2) a fcen website, which promotes activities, services and programs for the City's teenaged youth; 3) a website dedicated. to the City's recreational opportunities; 4). a website promoting the City-sponsored Annuai Day on thei Glen The proposed Internet website policy provides City Staff direction in operating the various City-sponsored websites described above. As such, the Internet website policy was reviewed internally by the various departments involved in the administration of the City Websites. Upon approval by the Council, the City's Internet website poliey will be posted on the City Websites to facilitate public access.  Festival; and 5)a website promoting the City-sponsored St. Patrick's Day Festival.  Proposed Internet Website Policy Staffin addressing website issues.  Thej proposed. Resolution establishes an Internet website policy for the City and provides guidance to City  COPYTO: 846027-1  Page 1 of3  ITEM NO.  8.6  /    Purposeofthe City, Websites  The collective purpose of the City Websites include: 1) to provide a conyenient and information-rich resource for residents, visitors, businesses, non-profit organizations, other public agencies, and schools to assess their city govemment; 2) to provide information and resources that contribute to the health, safety and swelfare of the public; 3) 10 employ the latest technology designed to improve customer scrvice and communication: rclating to issues of interest within the City and Tri-Valley region, 4) to contribute to the improvement of City seryices, foster cconomic development within the City, and enhance the sense of community within the City; and 5) to establish and strengthen long-term partnerships betwecn the City,  and individuals and entitics in thej public and private sectors. Ciy Websites as Non-Public Forums  An important goal of the proposed Internet website policy is to maintain the status ofthe City Websites as non-public forums. In a non-public forum, the City may impose reasonable restrictions on access for specch, so long as thej restrictions are viewpoint neutral. Conversely, a public forum such as aj public park is open for public expression, andi the government is limited in its ability to regulate such specch. Becanse the City has an interest in ensuring that the information provided on- the City Websites is consistent with thej purpose of the City Websites, the proposed policy seeks to ensure the websites remain non-public forums, subject to the City's regulation. As a non-public forum, the City Websites are tescrved for the exclusive control of the City for the purpose of one-way communication to website users,  and not for the purposes of public debate or exchange ofideas.  External Links Posted on City Websites  To preserve the non-public forum status of the City Websites, the proposed policy requires approval ofthe City Manager, or his or her designee, for each request. for an extemnal link posted on the City Websites. An external link is defined as "a hyperlink from the City Websites to a website maintained by a third parly." In. evaluating an application for an external link, the City will consider the relevance and Additionally, thej proposed policy sets forth criteria for the City in evaluating the request, such as whether the requested link is sponsored. by a government. entity or certam-non-prolit. and private organizations. The proposed policy prohibits external links that: I) promote or exhibit hate, bias, discrimination, pomography, libelous or otherwise defamatory content; 2) have a primary purpose of furthering the agenda ofa political organization or a candidate running for office, or defeating any candidate for elective office; 3) violate any of the City's equal opportunity policies; and 4) consist of personal home pages In any event, the final decision of whether to post or not to post an external link on the City Websites lies with the City Manager or his or her designee. Similarly, thej proposed policy provides the City Manager or his or her designee discretion in posting events lo the "Community Calendar" features of the City  appropriateness for the purposes ofthe City Websites.  operated byi individuals.  Websites.  Other Provisions ofthe Proposed Internet Website. Policy  In addition to the provisions described. above, the proposed Internet website policy includes various provisions relating to the use of the City Websites. The proposed policy provides for privacy and security  473    measures toj protect information under the City's control, disclaims responsibility fori information provided on external links and for any viruses or other contamination of a user's system due to use of the City Websites, provides for accessibility to individuals with disabilitics, prohibits use of the City Seal in compliance with City Council Resolution No: 51-02, and provides that communication through the  Websites  City  shall not constitute legal notice to the City.  RECOMMENDATION  Staff recommends that the City Council ADOPT the Resolution establishing an Internet Website Policy  fort the Operation ofCity Websites or supply Staffwith additional direction.  343    147  RESOLUTION NO.  AF RESOLUTION OFTHE CITYCOUNCIL OFTHE CITY OF DUBLIN ESTABLISHING AN: INTERNET WEBSITE POLICY FOR OPERATION OF CITY WEBSITES  WHEREAS, the Cily develops, operates and administers the official City website at WHEREAS, the City website is designed to provide residents, visitors, and persons working int the Cityinformation regarding City, regional, state and federal governmental departments, services, and programs, as well as information regarding events, activitics, and programs offered in and around  www.cidubincaus; and  the City; and  WHEREAS, the City develops, operates and administers a website to promote activities, WHEREAS, the City develops, operates and administers a website for promotion of recreational activities for children, teenagers, adults and families at w.DmpinResduicom: and WHEREAS, the City develops, operates and administers a website for promotion oft the City- WHEREAS, the City develops, operates and administers a website for promotion oft the City- WHEREAS, the City develops, operates and administers the official City wcbsite, teen website, recreational website, Day on the Glen website, and St. Patrick' 's Day festival website for (he exclusive use oft the City as non-public forums, which are not dedicated to general debate or the free WHEREAS, this Resolution is intended (a) to establish an Intemet website policy; (b)t to provide guidance to City Staffi in addressing website issues; and (c) serve as an important component NOW, THEREFORE, the City Council oft the City of Dublin does RESOLVE as follows:  services, and programs for City teenaged-youth at wDahtotlrenscon: and  sponsored. Annual Day on the Glen Festival at wwDayontslencom: and sponsored St. Patrick's Day festivai at ww,DubinsiPaiscom: and  exchange ofi ideas; and  to the City'stechnology program.  1. Purpose. The purpose oft this Policy ist to establish regulations for the development, operation, and administration oft the City Websites and to ensure that the City Websites remain non-public forums subject to the City's exclusive use and control. Thej purposes of the  Websites  City  are as follows:  Page 1 of9  8.6 10106    2459  a. Toj provide a convenient and information-tich, resource. for residents, visitors, businesses, non-profit organizations, other public agencies, and. schools to assess their city b. Toj provide information and resources that contributes to the) health, safety and C To employ the latest technology designed to improve customer service and communication relating toi issues ofinterest within the City and Tri-Valley region. d. To contribute to thei improvement ofCity services, foster economic development, e. To establish and strengthen long- term partnerships between the City and 2. Policy. The City shall operate and maintain the City Websites as provided in this Policy.  govemment. welfare of the public,  and enhance thes sense ofcommunity within the City. individuals and entities in the public and privatc sectors.  3. Definitions. The following definitions shall apply to this Policy:  a. "City Websites"mean the official City Websitesa available at www.cidubin.cans, wwcDNDowmlsnscom. wDaDinkeouidscon. ww.DubinsiPaiscem, wwDayenlediencom, and any additional domain name(s) that the City acquires for official b. "Cookies" means files on the user's computer that enable a website to: recognize the user on subsequent visits and possibly track the user's Internet usc between visits. C, "Exteral Website" means a website maintained by a third party, and not by the City. d. "External Link" is a hyperlink from the City Websites to a website maintained by a e, "Security Measures" means practices for protection of physical configuration and f. "User"or' "Users" means an individual or individuals who aocess the City 4. Non-Public: Forum Status. The City Websites are non-public forums. While the City encourages thej public to use the City Websites to access information and resources, the City expressly: reserves the right to impose certain restrictions on the use ofits websites. The City Websites are: reserved for the exclusive control of the City for they purposes ofone-way communication to users oft the City Wcbsites. The City Websites shall not bei used to facilitatea  City use.  third party.  environment, software, information-handling processes, and user practiccs.  Webpage through the Internet.  general debate or the frce exchange ofideas.  Page 2of9    359  5. Authorityof City Manager. The City Manager or his or her designee shalll have the authority and responsibility for the implementation of this Policy. Thc City Manager may also make interpretations on issues that are: not clearly articulated or not included in this Policy. This Policy willl be posted on the City) Websites for review by thej public at any time, Questions or comments regarding any: subjects or issues addressed int this Policymay be directed to:  Cityo of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA94568  e-mail: yonbimgcidilinans  6. Privacy. The Cityi is sensitive to the privacy interests oft the users ofthe City" Websites and belicves that the protection ofthose interests is an important responsibility. The City's goal in collecting personal information online is to provide the user with the most personalized and effective service possible. By understanding the user's needs and preferences, the City may provide users with improved service. The City strives to protect online personal information in the same manner that thc City protects citizen and busincss information obtained through other means, The following information explains the City's policy regarding any personal information a. On certain occasions, the City Websites may: request a user's email address for purposes of correspondence or for City business, The City shall not share email addresses with anyone outside the City, nor disclose user information to any third party, except as required by applicable laws, including the Public Records Act and discovery in ac civill law: suit. b. The City may use the personal dataj provided through the City Websites to send information about City services and upcoming civic activities. However, the City will neither sell nor) knowingly provide personal information for any other direct mail activities, except as required by applicable laws, including the Public Records Act and discovery in a civil law suit. C. The City shall not guarantee, nor does it represent, that such comments, suggestions or questions submitted by email to the City or to city officials ors employees will remain private or confidential. Similar to mailed or delivered comments, comments received via e-mail may become subject to public disclosure under the Califomia Public Records Act and/or d. During the course ofa credit card transaction through the City Websites, the information is stored on as secured server. The City and its subcontractors use firewalls and other security technology to minimize the risk of unanthorized access. To complete the credit card transaction(s), the City must, ofcourse, pass information about transaction(s) to the relevant financial institution. The City will not share this information with any other third party unless required to do so by applicable laws, including the Public Records Act and discovery in a civil law suit. Ifthe City determines that it must make the information available, the City Manager or  supplied when using the City) Websites,  part of the discovery procedure ina a civil lawsuit.  Page3of9    Ve9  his or her designees will make a reasonable attempt to notify the affected parties by email that  the City has been ordered toj provide thei information.  e. The City will not intentionally: release any information about the collection of Internet Protocol (IP) addresses to any third party except as required by applicable law. The City. Wobsites may archive web server log files in order to create aggregate statistical reports, detect Crrors at the Web site, and for security reasons. To the extent that the City maintains web log files, such files shall be deleted according to a regular schedule established by the Administrative  Services Department. 1.  Aggregate reports) may be generated about visitors to the City Websites. These g. The City does not use persistent reoccurring Cookies, nor share information with  reports do not contain any personally identifiable information.  other third party entitics.  7. Security. The City Websites apply Security Measures to) protect the loss, misuse and alteration oft the information under the City's control. From time tot time, Security Measures may bei upgraded or otherwise modified to meet changing nceds. While the City endeavors to keep secure all information it receives via the City Websites, the City cannot guarantee the security of 8. External Links. The City) has al legitimate. interest in limiting persons or organizations that might be linked to the City Websites. The City may exercise discretion. to ensure that the links to the City Websites are consistent with the purpose oft the City' Websites, as set forfh in Section 1. Neither the City Websites nor thel External Links listed on the City Websites constitute a forum a. Each proposed External Link on the City Websites shalll bei reviewed to determine its relevance and appropriateness to the purpose ofthe City Websites. The City Manager or his or her designee shall: review the: merits ofthe! proposed External Link based upon the criteria set forth below, The lyMianagerorlisorhe. designeeis shall also.deteminewhelher the External Link serves the purpose ofthe City Websites, as sct forth in Section 1. Aj proposal for an External Link will not be denied based on the vicwpoint cspoused by the individual or entity. b. When thel below criteria do not provide clear guidance, the City Manager or his or her designee reserves the right to make a decision based on the general intent oft the criteria outlined below and what he or she believes isi in thel best interest oft the City. C. The City shall se the following criteria in considering proposals for External : Sponsored by governmental and public educational institutions.  the information.  for expressive activity by members ofthe public.  Links from the City Websites:  i: Sponsored by nonprofit organizations that perform the following services for the Dublin and Tri-Valley community: assist persons in locating housing,  Page 4of9    59  housing discrimination assistance, or homeownership; assist pcople in finding employment OT training opportunities; provide non-clective healthcare, and other human and social services; provide information or access to the: arts, humanities, culture or education; improve neighborhoods; provide information or resources fori neighborhood: revitalization, code enforcement and/or crime prevention; enhance business dcvelopment and economic development opportunitics locally jii. Sponsored by organizations partnering with the City to mect the City's strategic iv. Sponsored by private organizations which provide govemment-related information and/or services in: a way that is not available on an official govemment website, as set forth in Subsection (e). V. Sponsored by professional associations affiliated with local government (such as League ofCalifomia Cities, International City) Management Association, vi. Sponsored by private or public utilities that service City residents or businesses specifically to assist individuals relocating to the City, d, The City Websites will not provide External Links to websites that:  and regionally. or operational goals.  American Planning Association).  - - Promote or exhibit hate, bias, discrimination, pomography, libelous or otherwise ii. Have aj primary purpose offurthering the agenda ofa political organization ora candidate running for office, or defeating any candidate for clective office.  defamatory content.  iti. Violate any of the City's equal opportunity policies. iv. Consist ofp personul home pages operated by individuals.  The Citymay provide External Links to certain private commercial sites that  maintain and display govermenl-related: information which fulfills thej purposes ofthe City Websites as set forth in Section 1, and which is not generally available through a governmental agency due to the cost of compiling, maintaining and/or displaying such information. To support the cost ofc compilation and maintenance of this: information, these private commercial. sites may inchude advertising or promotional material in the information display. Accordingly, External Links to such sites which contain this information, but also display commercial advertising or promotional material, may be: included within the City Websitcs when the City Manager or his or  her designee hus made a good. faith determination that:  The City's independent replication ofthe information targeted for linkagei is  infeasible due to financial or other considerations;  Page5of9    be9  i. Non non-commercial site provides the information targeted for linkage; and, ini. The information targeted for linkage greatly enhances thc usefulness ofthe City The Cityreserves the right to determine howi and where External Links will  Websites and services itj provides.  appear on the City Websites.  9. Application for External, Link. To request the addition of an. Extemal Link to the City Websites, thc applicant shall send the relevant URL address, website description and purpose, briefs statement as to how the proposed website fulfills the purpose of the City Websites as set forth in Section 1, contact name, phone number and email address by email to bounimesiauplincas. or by mail to:  City ofDublin Altn: City Manager 100 Civic Plaza Dublin, CA 94568  10. Disclaimer of External Links and External Websites. The information posted on the City Websites includes hypertext External Links to information created and maintained by other public and/or private organizations. The City provides these links solely for the user's  information and convenience.  a. When the user selects an Extemal Link to an Exteral Website, the user leaves the City Websites andi is subject to thej privacy and security policies ofthe owners/sponsors oft the b. The City does not control or guarantee the accuracy, relevance, timeliness or completencss ofinformation contained on an Exteral Website accessed through the City C. The City does not endorse or recommend any third party website, product, d. The City does not authorize the use of copyrighted materials contained on e. The City is not responsible for transmissions from Extemal Websites. 11. Final Decision. The decision toj post or not post content and/or links on the City Websites resides solely with the City Manager or his or her designee. The decision ofthe City Manager or his or her designee is final and binding. Under no circumstances will individuals or entities be entitled to compensation or damages in the event that the City Manager or his or her designee  Extemal Website.  Websites by External Link.  service, view, or opinion, unless otherwise noted.  External Websites.  directs the Cily to: include or exclude the content or link.  Page 6of9    147  12. Links fo. the City of Dublin's Website. Advance permission to link to the City Websites is not necessary. However, the party linking to the City Websites should be aware that its subpages may change at any time without notice. Individuals and entities linking to the City Websites shall not capture pages within frames, present the City Websites content as its own, or otherwise misrepresent the City Websites' content or misinform users about the origin or ownership ofits content. Any link to the City Websites should be a full: forward link that passes the user's browser to the City Websites unencumbered. The web browser's "back" button should retum 13. Posting of Events. Information regarding community events may be posted on the City Websites, so long as the posting of such information is consistent with the purpose of the City Websites, as set forth in Section 1, and meets the criteria for External Links, as: set forth in Scetion 8. While the City Manager orl his or her designee may consider suggestions ofevents to post on the City Wcbsites, the decision oft the City Manager or his or her designee is final and binding. 14, Accessibility. The City Websites are intended to be: accessible to people with disabilities. Requests for reasonable accommodations relating to equal access to communication, or other issues relating to City Website accessibility, should be directed to: yoaoim@eidiblinans or by mail  the user to the originating site ift the user wishes to back out.  to:  City of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA 94568  15. No Warranty or Representation. The City'sw web server(s) are maintained to provide public access to City information via the Internet. The City's web services and the content ofits web servers and databases are updated on a continual basis. While the City attempts to maintain the City Websites' information as accurate: and timely, the City does not warrant or make representations or endorsements as to the quality, content, accuracy, or completeness oft the information, text, graphics, hyperlinks, and other items contained on its server or any other server. Materials on the City Websites haye been compiled from a variety of sources, and are subject to change without notice from the City as aresult ofuplatesamdeomscians 16. Service Marks,. Trailemarks and Copyright. To the extent allowed by the Public Records Act and otherwise legally permissible, commercial use ofweb materials isj prohibited without the written permission oft the City. All service marks and trademarks mentioned herein are the property oftheir respective owners, The City retains copyright on the City Seal, all text, graphic images, and other content, unless otherwise noted. No person or entity may use the City Scal without approval oft the City Council (Resolution. No, 51-02), No person or entity shall engage in any of the following conduct without written permission from the City Manager or his or her designee: a) modify and or use the text, images or other City Websites content from a web server, b) distribute the City's web content, and c) "mirror" the City's information on a non-City 17, Notice to the City. Communications through the City Websites, by e-mail or otherwisc, shall in no way! be deemed to constitute legal notice to the City ofDublins or any ofits agencies,  server.  Page 7of9    849  officers, employees, agents, or representatives, with respect to any existing orj potential claim or cause ofaction against the City or any ofi its agencies, officers, employees, agents, or representatives. No communication through the City Websites shall be deemed to constitute 18. Errors, Omissions, Warranty, Damages. The CityofDublin is neilher responsiblei nor liable for any viruses or other contamination ofa user's system due to access of the City Websites, nor for any delays, inaccuracies, errors or omissions arising out of the user's access of the City Websites or with respect to the material contained on the City Websites, including without limitation, any material posted on the City Websites. The City Websites and alll materials contained on it are distributed and transmitled "as is"without warranties ofany! kind, either express or implicd, including without limitation, warranties oftitle or implied warranties ofmerchantability, or fitness for a particular purpose. The City is not responsible for any special, indircct, incidental or consequential damages that may arise from the use of, or thei inability to use, the City Websites and/or the materials contained on the City Websites, whether the materials contained on the City Websiles are provided by the City of] Dublin or al third party. 19. ndemmfication, To the extent permitted by applicable law, by using the City Websites, the user agrees to defend, indemnify, and hold harmless the City of Dublin, its agencies, officers, employees, representatives, and agents from and against all claims and expenses, including attorney's fecs, oul of the user's use of the City Websites or materials and information contained on the arising  legal or official notice for any purpose.  Websites.  City  20. Effective, Dute. This Resolution shall take effect immediately,  21. Severability Clause. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereofis held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereofofther ordinance or theira applicability to other persons or circumstances.  PASSED, APPROVED, AND ADOPTED this day of  2006, by the  following vote: AYES: NOES: ABSENT: ABSTAIN:  Page 8 of9    9497  Janet Lockhart, Mayor  ATTEST:  Fawn Holman, City Clerk 816651-5:114.1001  Page 9of9