HomeMy WebLinkAbout(2023, 11/14) - B-17 - AmendedB-17
1
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
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.
B-17
2
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 three 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) Huntington Beach Style - Standard Concrete Park Bench;
2) Victoria Style - Backless Standard Concrete Park Bench; or
3) 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-17
3
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 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 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.
B-17
4
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.
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 Donations")
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, and Recreation Program Donations", and incorporating 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
Amended B-17 – 11-14-2023