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HomeMy WebLinkAbout22 - Proposed Revisions to City Council Policy B-17 - Parks, Facilities and Recreation Program DonationsP0 @ CITY OF i NEWPORT BEACH City Council Staff Report September 10, 2019 Agenda Item No. 22 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Micah Martin, Deputy Public Works Director, mmartin(a)_newportbeachca.gov PHONE: 949-644-3055 TITLE: Resolution No. 2019-81: Proposed Revisions to City Council Policy B-17 — Parks, Facilities and Recreation Program Donations ABSTRACT: Council Policy B-17 promotes community involvement and active participation in quality of life components throughout the community. This policy establishes criteria for donations to assure area compatibility, attractiveness, usefulness, and ability to be maintained. Each donation considered for inclusion within the City public parks and streets system will be subject to established limitations and guidelines for the particular area. Suggested revisions to this policy were reviewed by the Parks, Beaches and Recreation Commission (PB&R) on April 2, 2019 and August 6, 2019, and recommended for Council approval. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Consider the recommendation from the Parks, Beaches, and Recreation Commission, and approve revisions to Council Policy B-17; and c) Adopt Resolution 2019-81, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy B-17 "Parks, Facilities, and Recreation Program Donations." FUNDING REQUIREMENTS: There is no current identified fiscal impact related to this item 22-1 Resolution No. 2019-81: Proposed Revisions to City Council Policy B-17 — Parks, Facilities and Recreation Program Donations September 10, 2019 Page 2 DISCUSSION: Council Policy B-17 "Parks, Facilities and Recreation Program Donations" establishes procedures and guidelines to staff and the public on how City Council desires to handle donations to the City. This policy was last amended on August 8, 2017. Based on staff interactions with the policy, as well as several public comments, staff undertook a more thoughtful review of the portions of the Council Policy pertaining to applications for donations of trees, benches or other tangible street or park furniture. Staff identified several areas of concern with the current policy: 1) Unanticipated large amounts of time associated with the management and maintenance of the program (particularly associated with donated benches); 2) Donor expectation levels; 3) Donation amounts not covering the actual cost to implement, install and maintain the donated items; 4) Overcrowding of some areas (particularly associated with donated benches); 5) Growing memorialization of our public rights-of-way, parks and spaces; and 6) No clear defined lifespan or sunset on bench and/or plaque removals. On July 10, 2018, City Council reviewed City Council Policy B-17 — Parks, Facilities, and Recreation Program Donations and staff's concerns. At that meeting, City Council took an action to suspend the policy and directed staff to work with the PB&R Commission to review, refine, and ultimately make a recommendation on revised language back to City Council for final review and approval. At the August 7, 2018, PB&R meeting, the Commission established an Ad Hoc Donations Program Committee to review Council Policy B-17 and appointed Chair Howald, and Commissioners Granoff and Daruty to the Ad Hoc Committee. This Ad Hoc Committee met with staff on September 24, 2018, December 4, 2018, and January 16, 2019. Based on committee discussions, revised language was presented to the full PB&R Commission for review and consideration. At the April 2, 2019 PB&R meeting, the Commission considered the proposed changes to the policy which included: changes to the donation and maintenance period, increase the maintenance fee to recover costs, standardization of types of benches used throughout the city, disallowance of memorial language, and elimination of plaques for donated trees. The PB&R Commission voted to support these changes to Council Policy B-17 and recommended it be submitted to Council for their review and approval (Attachment B). At the May 14, 2019, City Council meeting, staff presented these changes to Council for review and approval upon which Council directed staff to remove all donation plaques and offer first right of refusal after the ten-year donation period. Council also directed these changes back to the PB&R Commission for review and comment. 22-2 Resolution No. 2019-81: Proposed Revisions to City Council Policy B-17 — Parks, Facilities and Recreation Program Donations September 10, 2019 Page 3 After revising the policy further to address City Council's additional direction, the suggested changes were presented to the PB&R Commission and subsequently approved at their August 6, 2019 Commission meeting. The PB&R Commission requested the policy be brought back to the City Council for final review and approval. Attachment A is the current Council Policy B-17, Attachment B are the proposed changes to the policy and Attachment C is the Resolution and clean version of the proposed changes. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Existing City Council Policy B-17 Attachment B — Proposed City Council Policy B-17 Attachment C — Resolution No. 2019-81 22-3 ATTACHMENT A B-17 PARKS, FACILITIES, AND RECREATION PROGRAM DONATIONS Purpose The City Council recognizes the need to promote community involvement and active participation in quality of life components throughout the community, and the need to establish a fair, equitable, and uniform procedure for which gifts may be donated to the City. This policy establishes criteria for donations to assure area compatibility, attractiveness, usefulness, and the capability to be maintained. Each donation considered for inclusion in the City park public improvement and street system will be subject to established limitations and guidelines for the particular area. Policy A. Acceptance of donations of cash or tangible items 1. Based on the value of the donation, appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. 2. Criteria for evaluation includes consideration of any immediate or initial expenditure required in order to accept the donation, the potential and extent of the City's obligation to maintain the donation, and the community benefit to be derived from the donation. 3. The cost of a tangible donation shall include a 10% maintenance fee paid for in fill by the donor. This maintenance fee is in addition to any other fees or charges. B. Types of Donations Donations may be received in the form of cash, real, or personal property. Restricted donations are those donations that the donor specifies for a particular City location or purpose. Unrestricted donations are those donations that are given to the City for unspecified use. 1. Cash Gifts a. Donation of cash or items valued at or below the amount set in City Council Policy P-3 may be accepted by the City Manager. However, any donation considered a park facility improvement that would result in an installation of a permanent fixture in the parks must be in compliance with subsection 4 of this policy, Park, Ptcblic Inzprovetnent, and Street Anettities, 1 ATTACHMENT A 22-4 B-17 b. Donations above the amount set in City Council Policy F-3 for the City Manager may be accepted by the Parks, Beaches and Recreation Commission. C. Gifts of funds may be designated for restricted or unrestricted use. Gifts of cash or items that have a restriction must first be approved by the City Council. d. Gifts of funds accepted by the City imply no other obligation besides using donated funds for the specified purpose. 2. Trees Tree donations add beauty to City parks and facilities. Trees may be donated and installed at parks and parkway locations recommended by the Municipal Operations Director and approved by the Parks, Beaches and Recreation Commission. The minimum size of tree donations must be 36" boxed containers unless waived by the Commission. Tree donations are limited to specific species listed on the Parkway Tree Designation List and/or matching the landscape in park locations. 3. Benches Bench donations may be donated and installed in different areas of placement including parks, streets, along the beachfront, within villages, commercial districts, neighborhoods, on a specific island, etc. The Parks, Beaches, and Recreation Commission, with the assistance of Municipal Operations staff, shall designate the type, style, design, and placement of City -owned benches on City property. a. An inventory of designated benches and available bench locations will be maintained in the City Donation Catalog. b. Donation requests must be submitted to the Municipal Operations Department and meet the following requirements: i. Bench donations along a city street, beachfront or other public right of way will require the approval of the Municipal Operations Director. ii. Bench donations within a commercial district will require notification of, and an endorsement from, the local business association, if applicable. 0A 22-5 B-17 iii. Bench donations for parks and facilities within a residential community will require notification of residents and an established homeowners association or common interest development, when applicable, within 300 feet of placement. 4. Park, Public Improvement, and Street Amenities Other amenities such as drinking fountains, tables, and other equipment that will improve public places in parks, in and/or around public buildings, streets, walkways, and trails may be donated to the City. a. Other amenities that may be donated will be identified in the City Donation Catalog. b. Donation of public amenities valued at or below the amount set forth in City Council Policy F-3 may be accepted by the City Manager. C. Donation of public amenities valued at the amount set forth in City Council Policy F-3 and above may be accepted or declined by the Parks, Beaches and Recreation Commission. d. Donations to be installed on public sidewalks shall meet the criteria described in Policy L-15 Encroachments on Public Sidewalks and approved by the Public Works Director and Municipal Operations Director. C. Naming Rights Donors may receive naming rights on capital improvement projects for which any donation matches or exceeds 75% of the total budgeted cost for the area benefiting from the donation. All such donations will be submitted to the City Council for acceptance of the donation and the name to be applied to the project in keeping with City Council Policy B-9 — Naming of City Parks & Facilities. D. Sponsorships Special Events are recognized as fundraising activities. Where donations or sponsorship of a special event will require some form of recognition, and, in order to provide recreational opportunities, corporate or organizational sponsors may be recognized by use of logos and name on event banners and signage. Signs and literature at all such special events would be at the discretion of the appropriate Department Director. The size, scale and location of corporate logos and names should not dominate the event facilities or area. Corporate logos and/or names should not be displayed in a manner that would, in any way, suggest the 3 22-6 B-17 endorsement of the Department or the City. All signs must comply with the City's existing sign code and Council Policies B-3 and B-8. E. Right to„Decline The City of Newport Beach reserves the right to decline any donation if, upon review, acceptance of the donation is determined to be not in the best interest of the City. F. Special Privileges Malting a donation or co -sponsoring a special event does not entitle a sponsor/ donor to any special privileges other than those stated in this policy such as recognition, plaques or displays at events, unless otherwise agreed upon and approved by the Department Director or the City Council when appropriate. G. Reserved H. Acknowledgements 1. Letter of acceptance of donation will be sent to donor. 2. In some cases, recognition of donations may be given at Commission or Council Meetings. 3. Plaques are reserved for donations meeting the following criteria: a. Donors providing donations valued at $1,000 to less than $4,000 may elect to provide a dedicatory plaque not exceeding 2” x 6" with a name designated by the donor preceded by one of the following: "Donated by", "Donated for", "In recognition of", "In Loving Memory" or "In Memory of". b. Donors providing donations valued at $4,000 or greater may elect to provide a dedicatory plaque not exceeding 5"x7" with name, date and dedication wording not exceeding 25 words. Plaque content must be approved by the Parks, Beaches & Recreation Commission. C. Donors providing donations valued at least $1,000 that recognize individuals or organizations that have provided distinguished long term and/or significant service to the City may include a dedicatory plaque not exceeding 5"x7" with name, date and dedication wording not exceeding 25 words. Individuals can include City employees with 25 or more years of distinguished service, as determined by the PB&R Commission. 4 22-7 d. Plaques are at the expense of the donor, the City will assume ownership and maintenance of the donated item and plaque however, the City does not assume replacement costs due to vandalism or theft. Plaques will remain on a donated item during its useful life. The City reserves the right to remove and/or relocate the donated item. e. Plaque information will be entered on the Gift Donation Catalog application form and ordered by the City. History Adopted 1-15 - 7-22-1991 ("Park Improvement Donation") Amended I-15 -1-24-1994 (changed to G-5) Amended G-5 - 6-27-1994 Amended G-5 - 6-24-1996 Adopted B-17 - 5-9-2006 ("Park, Facilities, & Recreation Donations", incorporation G-5) Amended B-17 - 2-24-2009 Amended B-17 - 6-26-2012 Amended B-17 - 8-8-2017 5 22-8 ATTACHMENT B PARKS, FACILITIES, AND RECREATION PROGRAM DONATIONS Purpose B-17 The City Council recognizes the need to promote community involvement and active participation in quality of life components throughout the community, and the need to establish a fair, equitable, and uniform procedure €e�-by which gifts may be donated to the City. This policy establishes criteria for donations to assure area compatibility, attractiveness, usefulness, and sustainability—te-b&-niaintainedof maintenance. Each donation considered for inclusion in the City's parks publie and streets system will be subject to established limitations and guidelines for teach particular area. Policy A. Acceptance of dDonations Of Each of tangible _,-,,m.. Based on the value of the donation, appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. 2. Criteria for evaluation includes consideration of any immediate initial expenditure required in order to accept the donation, the potential and extent of the City's obligation to maintain the donation for a minimumaxim,um of 10 years, and the community benefit to be derived from the donation. After 10 years, or at the end of the donated items useful life, the donated item may be removed or replaced by the City. 3. The cost of a tangible donation shall also include a U maintenance fee equal to 50% of the estimated 10 --year maintenance cost of the donated item, paid for in full by the donor at the time of the donation, and at renewal if the donor elects to renew the donation as part of the first right of refusal process, per section G. This maintenance fee is in addition to any ether fees the cost and installation of the donated item. - B. Types of Donations Donations may only be received in the form of eas ; real, or r efse a i rep er--a check. Restricted donations are those donations that the donor specifies for a particular City location or purpose. Unrestricted donations are those donations that are given to the City for unspecified use. 1 22-9 B-17 2L.1. Trees Tree-dDonations for trees add beauty to City parks and facilities. Trees Donations for trees may be d -used to install a tree or treesand installed at parks recommended by the Deputy Public Works Munkipal Operations Director, Municipal Operations and approved by the Parks, Beaches and Recreation Commission. Tie -Depending on availability the minimum siz-ecost of tree donations must be 36egual to the price of a 48" boxed containers - ontainer plus maintenance costs, unless waived by the Commission. Tredonations are limited to specific species listed on t Parkway Tree Pesignation List and/ or- matE that match the landscape in park locations. 32. Benches Beneh dDonations for a bench will be used to installed a bench in different areas of r'_.,,,,,ment including parks, streets, along the beachfront, within villages, commercial districts, neighborhoods, on a specific island, etc. The Parks, Beaches, and Recreation Commission, with 2 22-10 MW -011 I IN I III WN 2L.1. Trees Tree-dDonations for trees add beauty to City parks and facilities. Trees Donations for trees may be d -used to install a tree or treesand installed at parks recommended by the Deputy Public Works Munkipal Operations Director, Municipal Operations and approved by the Parks, Beaches and Recreation Commission. Tie -Depending on availability the minimum siz-ecost of tree donations must be 36egual to the price of a 48" boxed containers - ontainer plus maintenance costs, unless waived by the Commission. Tredonations are limited to specific species listed on t Parkway Tree Pesignation List and/ or- matE that match the landscape in park locations. 32. Benches Beneh dDonations for a bench will be used to installed a bench in different areas of r'_.,,,,,ment including parks, streets, along the beachfront, within villages, commercial districts, neighborhoods, on a specific island, etc. The Parks, Beaches, and Recreation Commission, with 2 22-10 B-17 the assistance of Public Works Department Mupdeipal Opefations.staff, shall designate the type, style, design, and placement of City -owned benches on City property. a. An inventory of designated benches and available bench locations will be maintained in -by the City Donation Catalog. b. Donation requests must be submitted to the Public Works - Municipal Operations De ^rtm^n+ Division and meet the following requirements: i. Bench donations along a city street, beachfront or other public right of way will require the approval of the Deputy Public Works Directorj4unieipal Operations Direetef. ii. Bench Ddonations for a bench within a commercial district will require notification of, and an endorsement from, the local business association, if applicable. iii. Beneh dDonations for a bench to be located at a park or facility fei: par' -s and f.,eili ies within a residential community will - ----------- require notification of residents and any established homeowners association or common interest development, when applicable, within 300 feet of the proposed location for placement. iv. Donations for four types of benches, and any exception to the following, must be approved by the Parks, Beaches and Recreation Commission. Donors can choose from the following: 1. Santa Monica Style - Standard Park Bench with concrete legs and composite bench seat slats; 2. Huntington Beach Style - Standard Concrete Park Bench; 3. Victoria Style - Backless Standard Concrete Park Bench; or 4. Infinity Style - Standard Park Bench with metal legs and composite bench slats. Comes in standard or backless. 3 22-11 B-17 43. Park, Public Improvement, and Street Amenities Donations for Bother amenities such as drinking fountains, tables, and other equipment that will improve public places in parks, in and/or around public buildings, streets, walkways, and trails may be donated offered to the City. a. Donations for 9other amenities that may be donate ill be identified and approvedintheCity by Cites b. Donation of funds for public amenities valued at or below the amount set forth in City Council Policy F-3 may be accepted by the City Manager. C. Donation of funds for public amenities valued at the amount set forth in City Council Policy F-3, and above, may be accepted or declined by Paas, Beaehes and n,,,,,,eati„n Comm_^ ^„requires City Council approval. d. Donations of funds for public amenities to be installed on public sidewalks shall meet the criteria described in Policy L45-6 Encroachments on in Public Sidewalks -Rights-of-Way and be approved by the Public Works Director. and Municipal n,.,,rati ,r Piir „tom �r C. Naming Rights Donors may receive naming rights on capital improvement projects for which any donation matches or exceeds 75 % of the total budgeted cost for the area benefiting from the donation. All such donations will be submitted to the City Council for acceptance of the donation and the name to be applied to the project in keeping with City Council Policy B-9 — Naming of City Parks & Facilities. D. Sponsorships Special Events are recognized as fundraising activities. Where donations or sponsorship of a special event will require some form of recognition, and, in order to provide recreational opportunities, corporate or organizational sponsors may be recognized by use of logos and name on event banners and signage. Signs and literature at all such special events leis at the discretion of the appropriate Department Director. The size, scale and location of corporate logos and names should not dominate the event facilities or area. Corporate logos and/or names 0 22-12 B-17 should not be displayed in a manner that would, in any way, suggest —the endorsement of the Department or the City. All signs must comply with the City's existing sign code and Council Policies B-3 and B-8. E. Right to Decline The City of Newport Beach reserves the right to decline any donation if, upon review, acceptance of the donation is determined to knot be in the best interest of the City. F. Special Privileges Making a donation or co -sponsoring a special event does not entitle a sponsor/ donor to any special privileges other than those stated in this policy such as recognitionues or displays at events, unless otherwise agreed upon and approved by the Department Director or the City Council when appropriate. G. Rese�aTimeliness All donations are limited to a period of 10 years or until the end of the useful life of the item. After 10 years, or the end of the useful life of the item, whichever comes first, reasonable effort will be made to contact the original donor (City will attempt to make contact for no more than 30 days if donor is unable to be reached)for a right of first refusal to keen the donation in their name. If denied, or the donor is unable to be reached, the location may become available for a new donation. H. Acknowledgements 1. Letter of acceptance of donation will be sent to the donor. 2. In some cases, recognition of donations may be given at Commission or Council Meetings. 3. A donor will receive a certificate of acknowledgement for the donation and their name will be vlaced on the GIS Donation map, with coordinates of the location of their donation. 4. Donations are not eligible for donation plaques, however the donor will be provided with a certificate acknowledging the donation and the location of the donated item. 5 22-13 B-17 History Adopted I-15 - 7-22-1991 ("Park Improvement Donation') Amended I-15 -1-24-1994 (changed to G-5) Amended G-5 - 6-27-1994 Amended G-5 - 6-24-1996 Adopted B-17 - 5-9-2006 ("Park, Facilities, & Recreation Donations", incorporation G-5) Amended B-17 - 2-24-2009 22-14 -�. WE r History Adopted I-15 - 7-22-1991 ("Park Improvement Donation') Amended I-15 -1-24-1994 (changed to G-5) Amended G-5 - 6-27-1994 Amended G-5 - 6-24-1996 Adopted B-17 - 5-9-2006 ("Park, Facilities, & Recreation Donations", incorporation G-5) Amended B-17 - 2-24-2009 22-14 -�. ON WNEWM r History Adopted I-15 - 7-22-1991 ("Park Improvement Donation') Amended I-15 -1-24-1994 (changed to G-5) Amended G-5 - 6-27-1994 Amended G-5 - 6-24-1996 Adopted B-17 - 5-9-2006 ("Park, Facilities, & Recreation Donations", incorporation G-5) Amended B-17 - 2-24-2009 22-14 B-17 Amended B-17 - 6-26-2012 Amended B-17 - 8-8-2017 Amended B-17 - 9-10-2019 22-15 ATTACHMENT C RESOLUTION NO. 2019-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CITY COUNCIL POLICY B-17 "PARKS, FACILITIES, AND RECREATION PROGRAM DONATIONS" WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, at its July 10, 2018 meeting, the City Council directed the Parks, Beaches and Recreation Commission to review City Council Policy B-17 (Parks, Facilities and Recreation Program Donations) for future Council consideration; WHEREAS, the Parks, Beaches and Recreation Commission formed an ad hoc committee to review City Council Policy B-17 with interested parties and present recommendations to the entire Parks, Beaches and Recreation Commission regarding revisions to improve readability and efficiency of City Council Policy B-17; WHEREAS, on April 2, 2019, the Parks, Beaches and Recreation Commission approved for submission to the City Council proposed revisions to City Council Policy B- 17; WHEREAS, the City Council reviewed the proposed revisions at its May 14, 2019, meeting and requested further revisions to City Council Policy B-17; WHEREAS, on August 6, 2019, the Parks, Beaches and Recreation Commission approved for re -submission to City Council proposed revisions to City Council Policy B- 17, as shown in the revised policy attached to this resolution as Exhibit 1, which is incorporated herein by reference; and WHEREAS, the City Council desires to amend City Council Policy B-17 to increase the maintenance fee related to donations, include options for bench donations, and provide a clear and uniform procedure by which gifts may be donated to the City. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends City Council Policy B-17 (Parks, Facilities and Recreation Program Donations) as provided in Exhibit 1, attached hereto and incorporated herein by reference. Section 2: All prior versions of City Council Policy B-17 that are in conflict with the revisions adopted by this resolution are hereby repealed. 22-16 Resolution No. 2019 - Page 2 of 2 Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 6: The City Council finds the adoption of this resolution and the amendment of Council Policy B-17 is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10th day of September, 2019. Diane B. Dixon Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: Cl ATTORNEY' OF FI E CV-,— Aaron C. Harp, City Attorney Attachment: Exhibit 1 – Revised City Council Policy B-17 22-17 EXHIBIT 1 B-17 PARKS, FACILITIES, AND RECREATION PROGRAM DONATIONS Purpose The City Council recognizes the need to promote community involvement and active participation in quality of life components throughout the community, and the need to establish a fair, equitable, and uniform procedure by which gifts may be donated to the City. This policy establishes criteria for donations to assure area compatibility, attractiveness, usefulness, and sustainability of maintenance. Each donation considered for inclusion in the City's parks and streets system will be subject to established limitations and guidelines for each particular area. Policy A. Acceptance of Donations 1. Based on the value of the donation, appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. 2. Criteria for evaluation includes consideration of any initial expenditure required in order to accept the donation, the potential and extent of the City's obligation to maintain the donation for a minimum of 10 years, and the community benefit to be derived from the donation. After 10 years, or at the end of the donated item's useful life, the donated item may be removed or replaced by the City. 3. The cost of a tangible donation shall also include a maintenance fee equal to 50% of the estimated 10 -year maintenance cost of the donated item, paid for in full by the donor at the time of the donation, and at renewal if the donor elects to renew the donation as part of the first right of refusal process, per section G. This maintenance fee is in addition the cost and installation of the donated item. B. Types of Donations Donations may only be received in the form of a check. Restricted donations are those donations that the donor specifies for a particular City location or purpose. Unrestricted donations are those donations that are given to the City for unspecified use. 1. Trees 22-18 B-17 Donations for trees add beauty to City parks and facilities. Donations for trees may be used to install a tree or trees at parks recommended by the Deputy Public Works Director, Municipal Operations and approved by the Parks, Beaches and Recreation Commission. Depending on availability, the minimum cost of tree donations must be equal to the price of a 48" boxed container plus maintenance costs, unless waived by the Commission. Tree donations are limited to specific species that match the landscape in park locations. 2. Benches Donations for a bench will be used to install a bench in different areas including parks, streets, along the beachfront, within villages, commercial districts, neighborhoods, on a specific island, etc. The Parks, Beaches, and Recreation Commission, with the assistance of Public Works Department staff, shall designate the type, style, design, and placement of City -owned benches on City property. a. An inventory of designated benches and available bench locations will be maintained by the City. b. Donation requests must be submitted to the Public Works - Municipal Operations Division and meet the following requirements: i. Bench donations along a city street, beachfront or other public right of way will require the approval of the Deputy Public Works Director. ii. Donations for a bench within a commercial district will require notification of, and an endorsement from, the local business association, if applicable. iii. Donations for a bench to be located at a park or facility within a residential community will require notification of residents and any established homeowners association or common interest development, when applicable, within 300 feet of the proposed location for placement. iv. Donations for four types of benches, and any exception to the following, must be approved by the Parks, Beaches and Recreation Commission. Donors can choose from the following: 2 22-19 B-17 1. Santa Monica Style - Standard Park Bench with concrete legs and composite bench seat slats; 2. Huntington Beach Style - Standard Concrete Park Bench; 3. Victoria Style - Backless Standard Concrete Park Bench; or 4. Infinity Style - Standard Park Bench with metal legs and composite bench slats. Comes in standard or backless. 3. Park, Public Improvement, and Street Amenities Donations for other amenities such as drinking fountains, tables, and other equipment that will improve public places in parks, in and/or around public buildings, streets, walkways, and trails may be offered to the City. a. Donations for other amenities will be identified and approved by City Staff. b. Donation of funds for public amenities valued at or below the amount set forth in City Council Policy F-3 may be accepted by the City Manager. C. Donation of funds for public amenities valued at the amount set forth in City Council Policy F-3, and above, requires City Council approval. d. Donations of funds for public amenities to be installed on public sidewalks shall meet the criteria described in Policy L-6 Encroachments in Public Rights -of -Way and be approved by the Public Works Director. C. Naming Rights Donors may receive naming rights on capital improvement projects for which any donation matches or exceeds 75 % of the total budgeted cost for the area benefiting from the donation. All such donations will be submitted to the City Council for acceptance of the donation and the name to be applied to the project in keeping with City Council Policy B-9 — Naming of Cihj Parks & Facilities. 3 22-20 B-17 D. Sponsorships Special Events are recognized as fundraising activities. Where donations or sponsorship of a special event will require some form of recognition, and, in order to provide recreational opportunities, corporate or organizational sponsors may be recognized by use of logos and name on event banners and signage. Signs and literature at all such special events is at the discretion of the appropriate Department Director. The size, scale and location of corporate logos and names should not dominate the event facilities or area. Corporate logos and/or names should not be displayed in a manner that would, in any way, suggest the endorsement of the Department or the City. All signs must comply with the City's existing sign code and Council Policies B-3 and B-8. E. Right to Decline The City of Newport Beach reserves the right to decline any donation if, upon review, acceptance of the donation is determined to not be in the best interest of the City. F. Special Privileges Making a donation or co -sponsoring a special event does not entitle a sponsor/ donor to any special privileges other than those stated in this policy such as recognition or displays at events, unless otherwise agreed upon and approved by the Department Director or the City Council when appropriate. G. Timeliness All donations are limited to a period of 10 years or until the end of the useful life of the item. After 10 years, or the end of the useful life of the item, whichever comes first, reasonable effort will be made to contact the original donor (City will attempt to make contact for no more than 30 days if donor is unable to be reached) for a right of first refusal to keep the donation in their name. If denied, or the donor is unable to be reached, the location may become available for a new donation. H. Acknowledgements 1. Letter of acceptance of donation will be sent to the donor. 2. In some cases, recognition of donations may be given at Commission or Council Meetings. 4 22-21 B-17 3. A donor will receive a certificate of acknowledgement for the donation and their name will be placed on the GIS Donation map, with coordinates of the location of their donation. 4. Donations are not eligible for donation plaques, however the donor will be provided with a certificate acknowledging the donation and the location of the donated item. History Adopted I-15 - 7-22-1991 ("Park Improvement Donation') Amended I-15 -1-24-1994 (changed to G-5) Amended G-5 - 6-27-1994 Amended G-5 - 6-24-1996 Adopted B-17 - 5-9-2006 ("Park, Facilities, & Recreation Donations", incorporation G-5) Amended B-17 - 2-24-2009 Amended B-17 - 6-26-2012 Amended B-17 - 8-8-2017 Amended B-17 - 9-10-2019 5 22-22