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HomeMy WebLinkAbout2019-81 - Amending City Council Policy B-17 "Parks, Facilities, And Recreation Program Donations”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versions of City Council Policy B-17 that are in conflict with the revisions adopted by this resolution are hereby repealed. Resolution No. 2019-81 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 ATTEST: A cn It Leilani I. B City Clerk �� poRTeF CALJr-0 APPROVED AS TO FORM: CITY ATTORNEY'S OF FI E C Kar6n C. Harp, City Attorney D ne B. Dixon Mayor Attachment: Exhibit 1 — Revised City Council Policy B-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 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 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 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 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 City Parks & Facilities. '43 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 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 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2019-81, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 10th day of September, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of September, 2019. Leilani I. Brown City Clerk Newport Beach, California C� 60