Laguna Beach AGENDA REPORT Business
21
Meeting Date September 24, 2024
SUBJECT: DONATION POLICY AND NAMING POLICY FOR PUBLIC PROPERTIES AND FACILITIES
RECOMMENDATION: It is recommended that the City Council:
1. Receive an overview of the proposed Donation and Naming Policy;
2. Provide feedback and offer any additional direction regarding the Donation and Naming Policy as necessary; and
3. Approve the Donation and Naming Policy, or direct staff to return with an updated version incorporating City Council comments and feedback.
Appropriation: Fund Name:
SUMMARY OF THE MATTER
While the City of Laguna Beach has historically accepted donations and named public infrastructure such as parks and buildings, staff is now proposing that the City Council formally adopt Donation and Naming Policies. These policies will provide clear guidance to staff and the public on handling various donation and naming requests received throughout the year.
The Donation Policy outlines the types of donations the City can accept, the approval process, and how donors may be publicly recognized. The Naming Policy establishes criteria for naming public properties and facilities, including parks, streets, and buildings, to ensure that names reflect the City's values, history, and cultural significance.
The Donation Policy is included in Attachment 1, and the Naming Policy is included in Attachment 2. Key highlights from each policy are:
Donation Policy: The Donation Policy outlines the process for accepting donations of money, property, goods, and services from individuals, businesses, and organizations. It ensures that all donations align with the City's goals and are handled in a manner that is transparent and consistent.
o Types of Donations: The City will accept monetary, in-kind, real property and planned giving donations (bequests and trust).
o Approval Threshold: The City Manager or designee can approve donations up to $5,000, donations exceeding $5,000, or those with conditions or restrictions, require City Council approval.
o Public Recognition: Donors may receive acknowledgment through plaques, letters of appreciation, or other forms of recognition.
Donation and Naming Policy for Public Properties and Facilities
September 24, 2024
Page 2 of 2
Naming Policy: The Naming Policy provides guidelines for naming or renaming public properties, facilities, and infrastructure in a way that reflects the community's values, history, and cultural significance.
Naming Criteria: Names may reflect natural landmarks, historical events, cultural heritage or honor individuals who have made significant contributions to the community. Naming opportunities are also available for those who contribute to major public improvement projects.
Approval Process: Naming proposals undergo administrative review and public input before final City Council review and approval.
Duration of Naming Rights: These are typically granted for ten years, with provisions for renaming or rescission if circumstances change.
Park Benches, Memorials, and Other Small Amenities:
An update to the naming and donation policy for park benches, picnic tables, and other small amenities with identifiable life spans will be presented at a future City Council meeting. The revised policy will include a predefined list of available donation sites, a donation fee covering the cost of the bench, plaque, and installation, and an updated review process that incorporates the Transit and Community Services Department and Public Works and Utilities Department.
FINANCIAL ANALYSIS
There is no direct fiscal impact associated with the adoption of these policies. However, donations resulting could generate revenue for City projects, facilities, and improvements, subj ect to City Council approval and based on donation size and conditions.
ENVIRONMENTAL ANALYSIS
No environmental review is required as the adoption of these policies does not directly affect environmental resources.
ATTACHMENTS
1. Donation Policy (2024) (Pgs. 4-8)
2. City Facility Naming Policy (2024) (Pgs. 9-14)
Report Prepared By: Coordinated With:
Gavin Curran, Assistant City Manager/CFO
Attachment 1
ADMINISTRATIVE POLICY MANUAL
CHAPTER TWO
PERSONNEL
POLICY 2-xx
DONATION POLICY
PURPOSE
The purpose of this policy is to establish guidelines and procedures for accepting donations of money, property, or in-kind goods and services to the City of Laguna Beach. The City recognizes that donations can enhance public services and facilities while fostering public involvement. This policy ensures that donations are handled in a transparent and consistent manner.
GENERAL POLICY
The City of Laguna Beach welcomes donations from individuals, businesses, foundations, and other entities to enhance public services, programs, and facilities. Donations are accepted when they align with the City's mission and priorities, and the City reserves the right to decline any donation that is not in the best interest of the City, including due to imposing undue financial, operational, or legal obligations. All donations become the property of the City and are used in accordance with the donor's intent, to the extent feasible and provided such use aligns with City goals. The City values transparency in the management of donations and will maintain appropriate records while recognizing donor contributions through public acknowledgment when appropriate. Acceptance of donations does not grant any special privileges or preferential treatment to the donor. Donors are responsible for determining the tax implications of their contributions, and the City encourages consultation with a tax advisor.
Notwithstanding the foregoing, the acceptance of donations must always consider the public trust. Therefore, it is the policy of the City that, prior to acceptance of a donation, the Department Head of the receiving department shall evaluate any impropriety or appearance of impropriety, or potential conflict of interest between the donor and the City, Department or any City employee in connection with the donation. No City official or employee shall directly or indirectly solicit, accept, or attempt to accept any donation of any kind which the official or employee knows, or has reason to know is being offered, (1) for the purpose of improperly obtaining or rewarding favorable treatment; (2) with interest to influence the official or employee in the discharge of official duties; or (3) in consideration of having exercised official powers or performed official duties. The City must avoid any perception of or real expectations on the part of the donors of preferential treatment as a result of the donation. PROVISIONS
A. Definitions
a. Donation: A voluntary transfer of money, endowments, financial securities, goods, equipment, services, property (real or personal), or any other asset the City is prepared to accept pursuant to the guidelines defined in this policy, from individuals, businesses, foundations, or other entities to the City of Laguna Beach without any expectation of return or consideration.
b. Donor: The individual or entity providing the donation.
c. In-Kind Donation: A donation of goods or services rather than cash.
d. Designated Donation: A donation that is earmarked by the donor for a specific purpose, program, or facility.
***
Page 1 of 5 CITY OF LAGUNA BEACH Last Rev.
ADMINISTRATIVE POLICY MANUAL
CHAPTER Two
PERSONNEL
POLICY 2-xx
B. General Guidelines
a. Procedures for Acceptance of Donations
i. Based on the value of the donation as defined below, City staff will review the acceptability of any donation and determine if the public benefits to be derived warrant acceptance of the donation. Criteria for evaluation include consideration of any immediate or initial expenditure required in order to accept the donation, the potential and extent of the City's obligation and continuing cost to maintain the donation over time, and the community benefit to be derived from the donation. Other requirements are as listed below:
1 . The donation must have a purpose consistent with City goals and objectives.
2 The donation will not be in conflict with any provision of the law.
3 Any non-cash donation will be aesthetically and/or operationally acceptable to the City.
4 The donation will not entail the start-up of an unplanned City program, without City Council approval.
5 The donation places no restriction on or impairs general City operations.
6 The donation shall generally become property of the City.
7 The appearance of traditional commercial advertising related to inkind donations shall be avoided.
8 In-kind capital donations will be subject to normal City review, permitting, inspection, and insurance requirements.
9 All information regarding a donor or donors and their respective donation (s) are public information, and are subject to disclosure pursuant to the California Public Records Act.
10 Donations shall not be accepted from any donor that is in the process of obtaining discretionary approval from the City, has received discretionary approval for a project within the last 18 months its award and completion, and/or is in the process of seeking or obtaining bid approval for any project and/or service.
11 Donations shall not be received from service or contractors actively engaged by the City in the normal course of operations over and above the Holiday Gifts, outlined in section C(f), below.
b. Authority to Accept Donation:
i. The City Manager of designee is authorized to accept donations up to $5,000 in value, subject to the criteria set forth in this policy.
ii. Donations exceeding $5,000 in value, or donations involving conditions or restrictions, ongoing maintenance, or donations of land, must be approved by the City Council.
Page 2 of 5 CITY OF LAGUNA BEACH Last Rev. ***
ADMINISTRATIVE POLICY MANUAL
CHAPTER TWO
PERSONNEL POLICY 2-xx
iii. The City reserves the right to decline any donation not consistent with this policy, including if it is deemed inappropriate, inconsistent with City goals, or if it involves excessive ongoing maintenance or administrative costs
c. Designation of Donations:
it Donor may designate their donation for a specific purpose or program. However, the City retains the right to determine the final use of the donation in alignment with City priorities and needs.
ii. Designated donations must be used solely for the specified purpose, unless otherwise agreed upon by the City and the donor.
d. Public Recognition:
i. The City may acknowledge donations through plaques, letters of appreciation, or other forms of public recognition. Naming rights or dedications (such as for buildings or park features) are subject to the City's Naming Policy.
ii. For Large donations, recognition opportunities may be negotiated with the donor in accordance with the City's Naming Policy.
C. Types of Donations
a. Monetary Donations:
i. Monetary donations may be made by check, electronic transfer, or other approved financial instruments.
ii. Designated monetary donations must clearly state the intended use.
b. In-Kind Donations (excluding real property):
In-kind donations such as goods or services will be evaluated based on their relevance to City programs or facilities and the cost of maintenance or operation.
ii. The City may accept or decline in-kind donations based on the ability to maintain or utilize them effectively.
c. Planned Giving: The City may accept donations made through bequests, trusts, or other planned giving mechanisms, subject to review by the City Attorney.
d. Real Property Donations:
i. Real property donations, such as land or buildings, will be subject to a comprehensive due diligence process before acceptance. This may include obtaining the following reports:
1 . Phase I Environmental Site Assessment: To investigate the historical use of the property and any potential environmental hazards.
2 Geological Site Hazard Assessment: To assess geological risks such as landslides, soil instability, or other hazards.
3 Preliminary Title Report: To ensure there are no unforeseen legal complications, such as easements, liens, or other encumbrances on the property.
Page 3 of 5 CITY OF LAGUNA BEACH Last Rev. ***
ADMINISTRATIVE POLICY MANUAL
CHAPTER Two
PERSONNEL
POLICY 2-xx
4. Property Appraisal: Property Appraisal or market evaluation to determine the value of the property donated.
ii. Real property donations must align with the City's General Plan, zoning regulations, and any specific community or environmental priorities.
iii. Upon receipt of the necessary reports and ensuring General Plan consistency, the Planning Commission may be tasked with reviewing the acquisition of the property. If approved by the Commission and no significant issues are identified, the City Council may formally accept the donation.
iv. The City reserves the right to decline real property donations if significant liabilities, maintenance burdens, or legal complications are identified.
e. Art donations: Donations of artwork to the City of Laguna Beach are subject to the guidelines outlined in the Public Art Ordinance, which will be considered by the City Council in early 2025.
f. Holiday and Spontaneous Gifts:
i. This policy does not prohibit a City official from accepting anything of value by way of an undesignated gift when it is made to and accepted on behalf of the City as a whole. All such gifts to the City shall be forwarded to the City Manager, who will determine compliance with this policy and ensure that gifts are shared with all City staff without preference or exclusion. An example of such gifts would be those received during holiday periods. Undesignated gifts directed to specific individual employees or specific groups of employees are prohibited
D. Park Benches and Memorial Donations
a. Eligibility: Individuals or groups may donate park benches, trees, or other memorial items in honor of loved ones or special events.
b. Donations of park benches, picnic tables, trees, or other memorial items will be made during an update to this policy.
E. Process for Accepting Donations
a. Application: Donors wishing to donate must submit a donation proposal to the City Manager's Office. The proposal should include the donor's name, type of donation, any restrictions or designations, and any requests for public recognition.
b. Review:
i. The City Manager or designee will review all donation proposals and determine if further approval by the City Council is required* ii. If necessary, donations will be referred to the appropriate City department for further evaluation.
Page 4 of 5 CITY OF LAGUNA BEACH Last Rev. ***
ADMINISTRATIVE POLICY MANUAL
CHAPTER TWO
PERSONNEL POLICY 2-xx
c. Agreement: For larger donations or those involving significant conditions or restrictions, a formal agreement may be executed between the donor and the City, outlining the terms of the donation and its use.
F. Administrative and Reporting
a. Record Keeping: All donations, including their purpose and value, will be documented and recorded by the City's Finance Department.
b. Reporting: All donations, including their purpose and value, will be documented and recorded by the City's Finance Department.
Page 5 of 5 CITY OF LAGUNA BEACH Last Rev. ***
Attachment 2
ADMINISTRATIVE POLICY MANUAL
CHAPTER TWO
PERSONNEL
POLICY 2-xx
NAMING OF PUBLIC PROPERTY AND FACILITIES
PURPOSE
The City of Laguna Beach is committed to establishing a clear, consistent, and respectful process for the naming and renaming of public properties, parks, buildings, and facilities, of city-owned, while respecting the important need for public consultation and City approval. This policy is designed to ensure the community's cultural heritage, natural environment, and significant contributions are recognized and preserved.
This policy intends to guide the naming of city-owned property in a fair, objective, and thoughtful manner and aid in selecting names suitable for the property, respective to the history of the site or area, useful to the public, and reflecting the community culture.
GENERAL POLICY
Naming property owned by the City of Laguna Beach requires administrative action. The Laguna Beach City Council retains the authority to establish formal legal names for city-owned properties, including public rights of way.
When an application is received, the City Manager and relevant Department Directors will review the proposal to provide input on the feasibility, logistics, cost estimates, and historical information related to the requested site.
After the administrative review, the application will be fomarded to the appropriate committee, such as the Recreation Committee, for further review, analysis, and recommendation to the City Council. The review of the application, along with any letters and supporting documents submitted by the applicant, is designed to ensure the integrity and thoroughness of the naming process. Public comments will be invited before any final City Council action is taken.
Nothing in this policy is intended to create, foster, or allow parks, open spaces, parkways, or other portions of the public right-of-way to become a public forum for private content speech. By requiring all naming actions and placement of plaques, markers, dedications, and commemorative objects to conform to this policy, it is the intent of the City Council to exercise complete jurisdiction over speech in such forum and to determine that it is consistent with and meets the needs of the community and services a public purpose.
After the City Council's decision, approved naming requests will be returned to City staff for design, implementation, and coordination with the applicant. If the City Council does not approve the application, there will be a one-year waiting period before a resubmission of the same naming request can be made.
SCOPE
Page 1 of 6 CITY OF LAGUNA BEACH Last Rev. ***
ADMINISTRATIVE POLICY MANUAL
CHAPTER Two
PERSONNEL
POLICY 2-xx
This policy governs the process for naming and renaming City-owned public properties, parks, buildings, and facilities, including but not limited to parks, open spaces, recreational areas, municipal buildings, and public rights-of-way within the City of Laguna Beach. This policy does not apply to the naming of City streets or artwork. The intent is to ensure that all naming actions align with the City's cultural, historical, and community values and are subject to a thorough review and approval process by City staff, relevant committees, and the City Council.
PROVISIONS
AUTHORITY:
1 . The policies contained herein are adopted by the City Council ("Council") and, as such, may be changed or amended only by Council action.
2. The Public Works and Utilities Director shall have the final authority to approve the placement of dedications or commemorative objects such as benches, plaque markers, trees, or other landscaping, taking into consideration applicable state, federal, and local requirements such as the Americans with Disabilities Act/Title 24, City's Zoning Code, City engineering standards, etc.
3. The City Council shall have the final authority to approve names of parks, City buildings, park and recreation facilities, and amenities.
4. The City Council reserves the right to consider naming requests outside the administrative process at its discretion. This flexibility allows the Council to address time-sensitive or exceptional circumstances that warrant immediate or special consideration.
DEFINITIONS:
As used in this policy, the following words shall have the meaning supplied in this section:
1 . Parks: Real Property owned and managed by the City, used for public recreation purposes, including developed and undeveloped park areas and designated open space areas.
2. City Buildings: Buildings under the control of the city are used to conduct city business.
3. Park and Recreation Facilities and Amenities: City-owned facilities/amenities located within a park or part of a facility. These include, but are not limited to, athletic fields, meeting rooms, picnic shelters, ball diamonds, tennis and basketball courts, playground equipment, bike paths, and trails. Recreation Amenities shall not include dedications or commemorative objects such as benches, plaques, markers, trees, or other landscaping.
4. Director OF Public Works and Utilities: The City of Laguna Beach Public Works and Utilities Director or the Directors designee.
5. Dedications or Commemorative Objects: Benches, plaques, markers, trees, landscaping, or other recognition objects.
Page 2 6 CITY OF LAGUNA BEACH Last Rev. ***
ADMINISTRATIVE POLICY MANUAL
CHAPTER TWO
PERSONNEL
POLICY 2-xx
NAMING CRITERIA:
The City of Laguna Beach will consider names for parks, recreational areas, municipal buildings, facilities, and public rights of way based on the following criteria:
1 . Recognition of Natural Features: To recognize the native wildlife, flora, fauna, or natural features significant to the community.
2. Celebration of Local History and Culture: To celebrate local history, significant places, events, and the cultural heritage of Laguna Beach, including ancestral and community traditions.
3. Strengthening Community Identity: To strengthen neighborhood identity, foster community pride, and enhance cohesiveness across the city's neighborhoods and districts.
4. Commemoration of Noteworthy Individuals: To honor and commemorate individuals associated with Laguna Beach who have made noteworthy contributions to the city or community. Noteworthy individuals may include:
A local or regional leader with strong, identifiable ties to the community or specifically to the area connected to the public property being named.
A city resident who has distinguished themselves in community service or public service or has made strong, identifiable contributions to the City of Laguna Beach.
A current or former resident who, through distinction, has brought significant recognition to Laguna Beach at a state, national, or international level.
Naming after an individual or group:
If the applicant is requesting to name public property after an individual or group, these persons shall meet the following criteria:
Demonstrated excellence in contributions to the city's development, community service, personal sacrifice for public service or national defense, or efforts to foster equality and inclusivity among the citizens of Laguna Beach.
Demonstrated contributions to arts, culture, or historical significance locally, regionally, nationally, or globally, with apparent ties to the City.
Posthumous Naming:
In the case of naming public property after an individual, such naming shall generally be done posthumously, with a waiting period of three years following the individual's passing before an application may be submitted. A nickname shall not be used for naming public property unless the individual was commonly known by that nickname and it was used legally or professionally during their life.
Naming Recognition for Major Cash or In-Kind Donations:
Page 3 of 6 CITY OF LAGUNA BEACH Last Rev. ***
ADMINISTRATIVE POLICY MANUAL
CHAPTER Two
PERSONNEL
POLICY 2-xx
Naming Recognition for Major Contributions: In cases where a significant cash donation is made to the City of Laguna Beach, the City Council may approve naming public property in recognition of the donor. The contribution must be substantial enough to fund a significant project or enhancement that benefits the city, such as park renovations, building construction, or other public infrastructure improvements. The exact amount considered "substantial" will be determined on a case-by-case basis by the City Council.
Naming Terms and Agreements: The naming rights associated with large cash donations may be subject to specific terms and conditions, including the duration of the naming rights and any associated maintenance or endowment requirements. All agreements will be formalized through a written contract between the City and the donor, specifying the scope and conditions of the donation and the associated naming rights.
Park Benches and Other Small Amenities with Identifiable Life Span: Will be addressed in a separate policy update.
APPLICATION DENIAL:
Denial of a naming application may be appropriate if the proposed name could bring disrepute to the community or if the recommendation needs to be supported by city staff, city committee, or this policy. If an applicant wishes to appeal a decision made by City staff regarding their naming request, an appeal may be submitted to the City Manager's Office for review. The City Manager will assess the merits of the appeal in consultation with relevant department heads and may choose to uphold the original decision or forward the appeal to the City Council for reconsideration. The City Council's denial of a naming application is final and cannot be appealed.
EXCLUSIONS:
The City of Laguna Beach and the City Council reserves the right to exclude naming applications that are contrary to the City of Laguna Beach municipal code, city policies or for the following purposes:
Dual naming of any public property, including the honorary naming of City streets, will not be considered.
This policy does not apply to the naming of streets.
No naming rights will be given to any public property that limits its use.
Names associated with commercial enterprises, political affiliations, or entities known for activities in conflict with the city's values (e.g., drugs, alcohol, or tobacco) will not be considered.
The dedication and naming of artwork shall be addressed under a separate policy.
PROCEDURE FOR NAMING AND RENAMING:
1. Submission of Proposal: Proposals to name or rename a public property must be submitted in writing to the City Managers office. Submissions should include:
Page 4 6 CITY OF LAGUNA BEACH Last Rev. ***
ADMINISTRATIVE POLICY MANUAL
CHAPTER TWO
PERSONNEL
POLICY 2-xx
A detailed rationale for the name proposal, including historical context or biographical information.
Letters of support or any relevant documentation that demonstrates community or organizational backing.
The City will obtain approval from a living individual who is being recommended for naming in their honor.
The City will obtain approval from family members of deceased individuals who are recommended for naming in their honor. For purposes of this requirement, family is defined as next of kin as demonstrated by documentation accepted by the City Attorney, and approval is defined as unanimous written consent.
2. Review Process: The City Manager, along with department heads, will review the proposal for feasibility and impact. Following an administrative review, the proposal will be submitted to the appropriate committee, if available, for evaluation and recommendation prior to submittal to the City Council for final approval.
3. Public Consultation: The City Council finds public involvement essential in considering the naming of public lands and facilities. It is the intent of this policy that opportunity for community input at a City Council meeting is provided prior to approval of recommendations for City Council consideration.
4. City Council Approval: Final approval of any naming or renaming request rests with the Laguna Beach City Council, which will consider both the committee's recommendation and public feedback before making a decision. The City Council must determine that names are appropriate, consistent with, meet the needs of the community, and serve a public purpose. Therefore, names must be tasteful and adhere to a standard of respect and sensitivity. Names with connotations that are determined by the City Council to be derogatory or offensive and names that promote or refer to political organizations, political issues, religious affiliations, obscenities, cannabis and illicit drugs, alcohol, or tobacco products will not be permitted because they are deemed to be inappropriate, inconsistent with community needs and serve no public purpose.
DURATION AND RENAMING:
1. Naming Rights Duration: Naming rights will typically stand for ten years unless otherwise specified in a naming agreement. At the end of this period, the City Council will review the relevance and appropriateness of continuing the name, considering the property's condition and community significance.
2. Renaming Considerations: Renaming is discouraged except in circumstances where new information comes to light or the property's usage significantly changes. Renaming requests will undergo the same rigorous review as original naming requests.
RESCIND:
1. Rescission of Naming Rights: The City reserves the right to rescind naming rights if a name is later found to compromise the public trust or be contrary to community values.
Page 5 of 6 CITY OF LAGUNA BEACH Last Rev. ***
ADMINISTRATIVE POLICY MANUAL
CHAPTER TWO
PERSONNEL
POLICY 2-xx
2. City Council Rescission: The City Council may rescind without any further review.
FUNDRAISING CAMPAIGNS:
The naming of City parks, park and recreation facilities, and amenities, open spaces, or City buildings in association with fundraising campaigns may be considered under the following conditions:
'L Organizations affiliated with the City that desire to raise funds for a City-sponsored project must receive a recommendation from the Naming Committee and final approval from the City Council prior to attaching naming opportunities to the fundraising campaign.
2. Organizations conducting fundraising campaigns with approved associated naming opportunities must immediately notify the City Clerk when a naming proposal is under consideration in order to facilitate the review of the proposal by the Naming Committee and the City Council.
PLAQUES AND DEDICATIONS:
1. Plaque Installation: Plaques may be installed at a prominent location for properties or facilities with approved names. These plaques will include the name, dedication date, and a brief explanation of the name's significance.
2. Plaque Text: The plaque must include the City's seal, the names of City Council members in office at the time of dedication, and any key contributors to the project.
AMENDMENTS:
Amendments to this policy can be made from time to time by action of the City Council at a regularly scheduled meeting of the City Council.
Page 6 of 6 CITY OF LAGUNA BEACH Last Rev. ***
