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HomeMy WebLinkAbout12 - City Council Policy B-17, Agenda Item No. 12 June 26, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mark Harmon, Municipal Operations Department Director 949 644 -3055, mharmon(a )newportbeachca.gov PREPARED BY: Mark Harmon, Municipal Operations Department Director APPROVED: ", AA TITLE: Amendment to Council Policy B -17 (Parks, Facilities, and Recreation Program Donations). RECOMMENDATION: Municipal Operations staff recommends that the City Council consider the recommendation from the Parks, Beaches, and Recreation (PB &R) Commission, and approve a change in Council Policy B -17 to include a maintenance fee for donated items. FUNDING REQUIREMENTS: There is no financial impact to the City due to the recommended change in Policy B -17. The revenue received due to the addition of a maintenance fee, based on an average of 15 donations per year, would be approximately $1,500. DISCUSSION: City Council Policy B -17 sets forth specific criteria for private donations to the City to ensure area compatibility, attractiveness, usefulness and maintenance capability. Donations are approved by the Parks, Beaches, and Recreation Commission (PB &R). Donations usually consist of new or replacement City trees and park/beach benches. However, donations may include park playground equipment, picnic tables, drinking fountains, and other improvements to City facilities. Amendment to Council Policy B -17 (Parks, Facilities, and Recreation Program Donations). June 26, 2012 Page 2 At their June 5�h meeting, the PB &R Commission voted unanimously to recornmend to City Council a change in the Donation Policy that would include a 10% maintenance fee to the cost of the donated item. For example, if a donor petitioned the City to donate a $1,000 bench at a park site, the cost of the donation would include a $100 maintenance fee that would supplement the future cost of maintaining the donated item (painting, repairing, etc.). The Commission felt that adding the maintenance fee was an important addition to the donation so that the useful life of the item could be extended. This maintenance fee would only apply to future donations, and would not apply to existing items that have been donated previously. 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). U I I CGIVI Attachments: I. Council Policy B -17 II. Proposed Revised Council Policy B -17 Attachment I 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. 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 below $10,000 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 section B4 of this policy, Park and Sheet Improvement Donations. 1 B -17 b. Donations of $10,000 and above may be accepted by the Parks, Beaches and Recreation Commission. C. Gifts of funds may be designated for restricted or unrestricted use. 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 General Services Director and approved by the Parks, Beaches and Recreation Commission. The minimum size of tree donations must be 24" boxed containers unless waived by the Commission. a. Tree donations are limited to specific species and limitations identified in the City Donation Catalog, 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 General Services 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 General Services Department and meet the following requirements: Bench donations along a city street, beachfront or other public right of way will require the approval of the General Services Director. R B -17 ii. Bench donations within a commercial district will require notification of, and an endorsement from, the local business association, if applicable. 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 below $10,000 may be accepted by the City Manager. C. Donation of public amenities valued $10,000 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 General Services 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. Q 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 would be at the discretion of the appropriate Department Director. The size, scale and location of corporate Iogos and names should not dominate the event facilities or area. Corporate logos and /or names should not be displayed in a mariner 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 be not 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, plaques or displays at events, unless otherwise agreed upon and approved by the Department Director or the City Council when appropriate. G. Gift Donation Catalog The Recreation & Senior Services Director and General Services Director shall review and present to the Parks, Beaches & Recreation Commission periodically the City Donation Catalog containing ideas for public donations. H. Acknowledgements 1. Letter of acceptance of donation will be sent to donor. 2. ]n some cases, recognition of donations may be given at Commission or Council Meetings. F B -17 3. Plaques are reserved for donations meeting the following criteria: a. Donors providing donations valued at $1,000 to less than $3,999 $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', 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. 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. Adopted - May 9, 2006 Amended - February 24, 2009 Formerly G -5 [ Attachment II 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 full 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 below $10,000 may be accepted by the City Manager. However, any donation considered a park facility 1 B -17 improvement that would result in an installation of a permanent fixture in the parks must be in compliance with section B-4 of this policy, Park and Sheet Improvement Donations. b. Donations of $10,000 and above may be accepted by the Parks, Beaches and Recreation Commission- C. Gifts of funds may be designated for restricted or unrestricted use. 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 General Services Director and approved by the Parks, Beaches and Recreation Commission. The minimum size of tree donations must be 24" boxed containers unless waived by the Commission. a. Tree donations are limited to specific species and limitations identified in the City Donation Catalog. 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 General Services 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 General Services 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 General Services Director. 2 B -17 ii. Bench donations within a commercial district will require notification of, and an endorsement from, the local business association, if applicable. 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 below $10,000 may be accepted by the City Manager. C. Donation of public amenities valued $10,000 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 General Services Director. C. Naming Rights Donors may receive naming rights on capital improvement projects for which any donation matches or exceeds 73 % 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 B -17 D. S12onsorships 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 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 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, plaques or displays at events, unless otherwise agreed upon and approved by the Department Director or the City Council when appropriate. G. Gift Donation Catalog The Recreation & Senior Services Director and General Services Director shall review and present to the Parks, Beaches & Recreation Conur ssion periodically the City Donation Catalog containing ideas for public donations. 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. 11 B -17 3. Plaques are reserved for donations meeting the following criteria: a. Donors providing donations valued at $1,000 to less than $3,999 $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", 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. d. Plaques are at the expense of the donor, the Cary 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. Adopted - May 9, 2006 Amended - February 24, 2009 Formerly G -5 9