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HomeMy WebLinkAboutResolution 2004-90 - Establishing the Policy for the Naming Council/Agency Meeting Held: D Deferred/Continued to: )(Approved ❑ Conditionally Approved ❑ Denied C C r ' Sign re Council Meeting Date: 11/15/2004 Departme Number: CA 04-029 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION z ti 0 SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS z � o SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADM INISTRAT R C:, r-.r- CDOr PREPARED BY: JIM B. ENGLE, DIRECTOR COMMUNITY SERVI SUBJECT: ADOPT RESOLUTION NO. 00 - ESTABLIiAING T POLICY FOR THE NAMING OF CITY PARKS, PARK FEAT ES AND COMMUNITY FACILITIES AND REPEALING CONFLICTING RESOLUTIONS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Community Services Commission has formulated recommended changes to Resolution No. 2001-64 relative to the park naming and memorials policy and messages placed on benches donated by the general public. Funding Source: N/A Recommended Action: Adopt Resolution No.,2.Q a a Resolution of the City Council of the City of Huntington Beach Establishing Its Policy for the Naming of City Parks, Park Features and Community Facilities and Repealing Conflicting Resolutions. Alternative Action(s): Do not adopt Resolution amending the park naming policy, and refer back to Community Services Commission. Analysis: Per City Council direction, the Community Services Commission reviewed the park naming policy based upon Council concerns (Attachment 1) that the current policy placed too much emphasis on naming parks after past mayors. In addition, being aware that very few parks remain to be named in the city, the commission did not want to totally abandon the tradition of naming parks after past mayors, nor create a policy that would politicize the process. Moreover, the commission felt that the current policy already has flexibility in the naming of parks, e.g., Worthy, Carr, Baca, and Discovery Well Parks and Rodger's Senior Center. These facilities were not named after mayors, but for worthy individuals in recognition of their contribution to the city and nation. In modifying the language as shown in the legislative draft (Attachment 2), the Community Services Commission feels that the policy now provides the most flexibility and adequately REQUEST FOR ACTION MEETING DATE: 11/15/2004 DEPARTMENT ID NUMBER:CA 04-029 addresses Council's concerns. Briefly, less restrictive wording has been used, i.e., "may" has replaced "shall;" honorees can be considered because of their unique contributions or impact on city, state or nation; and, the oldest, living designation for mayoral honorees has been removed. (Attachment 3) The Community Services Commission also reviewed the Bench Donation Program in terms of appropriate content to be placed on the benches. Though there have been no inappropriate messages placed on donated benches in the city, this has happened in other cities. To avoid this possibility, the commission is recommending the inscriptions on benches be limited to 1) The name only; 2) In honor of (individual's name); or 3) In memory of (individual's name); all three options would include the year of dedication. The City Attorney concurs with this approach to the issue (Attachment 4). Staff recommends Council adopt the new park naming policy as set forth in Attachment 5. Environmental Status: N/A Attachment(s): City Clerk's Page Number No. Description 1. H Item of City Council Member Debbie Cook dated April 15, 2004 2. Legislative Draft 3. Park Naming Committee Recommendations 4. RLS 2004-1218, response from Jennifer McGrath, City Attorney 5. Resolution No. 90611- O 6. 1 PowerPoint Presentation G:\RCA\2004\04-029-1 Adopt Resolution- Park Naming and Memorials Policy.doc -2- 11/2/2004 1:53 PM ATTACHMENT # 1 o CITY OF HUNTINGTON BEACH City Council Interoffice Communication o z To:. Honorable Mayor& City Council Members Q From: Debbie Cook, City Council Member Date: March 23, 2004 Subject: H-ITEM FOR APRIL 5, 2004, CITY COUNCIL MEETING- s NAMING OF CITY PARKS AND OTHER COMMUNITY FACILITIES D In Resolution 2001-64, the City Council adopted a policy for naming of City parks, park features and community facilities. The policy calls for: 1. Parks adjacent to schools be named the same as the school. 2. If an entire park or a sizable portion of a park that is not adjacent to a school is donated by an individual or family, it shall be named after the donor. 3. If the park is neither adjacent to a school nor donated, all or in part, it shall be named after Huntington Beach Mayors who are no longer members of the City Council. Priority shall be given to those oldest who are still living. 4. . That after al the Mayors.names have;bee n-affixed.to designated.parks and additional parks are:purchasad.by the'City,:parks shall be-named after'Cify Council:Members.whg did.not :.: . attain office of Mayor. Priority shall be`given`tothose oldes#'who are still living:` 5. If enough parks do not exist to exhaust the list of names of past Huntington Beach Mayors, park features of Huntington Central Park and other community facilities such as lakes, structures (other than restrooms), groves of trees, walkways, playing fields, group camp and picnic sites, gardens, play equipment, meadows, amphitheaters, vistas, bridges, and wildlife refuges, shall be named after such Mayors to honor them for their service to the City. In addition, other Individuals' names or other park names may be proposed. These names would be considered when their unique contributions have had a citywide impact, are marked by excellence, and are worthy of honor. It concerns me that so much emphasis.has been placed on naming such facilities after former Mayors and Council Members. It seems this neglects the many contributions made in other ways by our citlzens.to the City, the State, or our Nation.. I am further troubled..by.the-priority given.to living Mayors over'Mayors who may-have.contributed greatlybut_who are not living: Because of these concerns, I would like to recommend the following: Motion: That the City Council direct the Community Services Commission to review the policy for naming of parks and other community facilities, including receiving input from the community, and develop new recommendations for naming these facilities. Attachment: Resolution 2001-64 (21) April 5, 2004 -Council/Agency Agenda - Page 21 H. City Council/Redevelopment Anencv Items H-1 a. Submitted by Councilmember Debbie Cook (City Council) Direct the Community Services Commission to`Review the Policy for Nainihn of Parks and Other CoMmuni Facilities Resolution No.2001-64 Receive Input from the Community and Develo ecommendations (100.10) Communication from Councilmember Debbie Cook transmitting the following Statement of Issue: In Resolution 2001-64, the City Council adopted a policy for naming of City parks, park features and community facilities. The policy calls for: 1. Parks adjacent to schools be named the same as the school. 2. If an entire park or a sizable portion of a park that is not adjacent to a school is donated by an individual or family, it shall be named after the donor. 3. If the park is neither adjacent to a school nor donated, all or in part, it shall be named after Huntington Beach Mayors who are no longer members of the City Council. Priority shall be given to those oldest who are still living. 4. That after all the Mayors names have been affixed to designated parks and additional parks are purchased by the City, parks shall be named after City Council Members who did not.attain the office of.Mayor. Priority shall be.glven to those.oldest who are still living . . 5. If enough parks do not exist to exhaust the list of names of past Huntington Beach Mayors, park features of Huntington Central Park and other community facilities such as lakes, structures (other than restrooms), groves of trees, walkways, playing fields, group camp and picnic sites, gardens, play equipment, meadows, amphitheaters, vistas, bridges, and wildlife refuges, shall be named after such Mayors to honor them for their service to the City. In addition, other individuals' names or other park names may be proposed. These names would be considered when their unique contributions have had a citywide impact, are marked by excellence, and are worthy of honor. It concerns me that so much emphasis has been placed on naming such facilities after former Mayors and Council Members. it seems this neglects the many contributions made in other ways by our citizens to the City, the State, or our Nation. I am further troubled by the priority given to living.Mayors over Mayors who may.ii` contributed greatly but who ,... : . > :... :are not living. Because of these concerns, I would like to recommend the following: Recommended Action: That the City Council direct the Community Services Commission to review the policy for naming of parks and other community facilities, including receiving input from the community, and develop flew recommendations for naming these facilities. Approved as amended with bench-naming Issue mentioned earlier and deletion of the word"new"in the motion. Approved 6-1 (Green—No) ATTACHMENT #2 X C5islt,A,rim Drf /-'e-`' �2s/Ve 90 RESOLUTION NO. 2001-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING ITS POLICY FOR THE NAMING OF CITY PARKS, PARK FEA TURES AND COMMUNITY FACILITIES AND REPEALING CONFLICTING RESOLUTIONS WHEREAS, the City has established a vigorous program to provide suitable park and recreation areas for its residents; and, It is desirable that appropriate names be selected for the city's parks and that the City recognize donations of park/pier furniture and/or park play equipment, and that a policy be adopted by the City Council to accomplish this purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the following policy shall be instituted for the naming of the city's parks, park features and community facilities, and to recognize donations of park/pier furniture and park/play equipment: 1. That parks adjacent to schools be named the same as the school. 2. If an entire park or sizable portion of a park which is not adjacent to a school is donated by an individual or family, it shall• may be named after the donor. 3. If the park is neither adjacent to a school nor donated, all or in part, it shall may be named after Huntington Beach mayors, no longer members of the City Council. PF*eFity chaff be with eensaderatmen given to those eldest who aFe still living. In addition, other individuals' names, including past council members, or other park names may be proposed. These names may be considered when their unique contributions have had a city, state or national impact, are marked by excellence and are worthy of honor. 4. That afteF all the FnayOFS' names have been affixed to designated paFks and whe did not attain the OffiGe of FnayGF. PFOOFity shall be given to these oldest who aFe still ling 45. if enough paFks do not exist to exhaust the list ef names of past Huntington B FnayOFS,In addition to naming parks, park features of Huntington Central Park and other community facilities such as lakes, structures (other than restrooms and benches), groves of trees, walkways, playing fields, group camp and picnic sites, gardens, play equipment areas, meadows, amphitheaters, vistas, bridges and wildlife refuges shall may be named after such mayors to honor them for their service to the city. in addition, etheF individuals' etheF paFk names may be PFGpesed. These names would be GonsideFed when theiF U i 56. If park or pier furniture such as picnic tables, benches, trash cans, and play equipment, etc. is donated by an individual, civic organization, family or business, the donor may receive recognition by having the name of a person, family or business placed on the donation. Examples: 1) A donation in memory of a relative could be given to the City for a pier bench with the individual's name etched on the bench with the following options: 1. The name only, including the year 2. In honor of (individual's name), including the year 3. In memory of (individual's name), including the year; 2) a modular piece of play equipment and a park bench could be funded by a donation from a company with the bench placed immediately adjacent to a new tot lot with the inscription 'This tot lot is donated to the City of Huntington Beach by Company ." 67 .If a business or other entity offers to pay the City in exchange for the City naming a facility or park after the business, then the City may enter into an agreement for the same. The agreement must be prepared by the City Attorney and approved by the City Council. 78. Only one park, park feature or community facility shall be named for an individual. 80. All recommendations for park/pier memorial naming shall have the concurrence of the Community Services Commission and the City Council. 940. All other resolutions in conflict herewith are hereby repealed. ATTACHMENT #3 Recommended Changes to Current Park Na mine Policy—June 1.2004 Meeting Current Policy Recommended Changes 1.)That parks adjacent to schools be named the same as the No Changes school. 2.)if an entire park or sizable portion of a park which is not 2.)If an entire park or sizable portion of a park which is adjacent to a school is donated by an individual or family, it not adjacent to a school is donated by an individual or shall be named after the donor. family, it shall may be named after the donor. 3.) If the park is neither adjacent to school nor donated, all or in 3.)If the park is neither adjacent to school nor donated, part, it shall be named after Huntington Beach mayors,no all or in part, it may be named after Huntington Beach longer members of the City Council. Priority shall be given to mayors,no longer members of the City Council. those oldest who are still living. Wier-ity shall-with consideration given to those oldest who are still living. In addition,other individuals' names including past mayors or other park names may be proposed. These names would be considered when their unique contributions have had a city,state or national impact and are worthy of honor. 4.)That after all the mayors' names have been affixed to 4.)Eliminate Section 4 In its entirety. designated parks and additional parks are purchased by the city, parks shall be named after city council members who did not attain the office of mayor. 5.)If enough parks do not exist to exhaust the list of past 5.)If enough parks do not exist to exhaust the list of Huntington Beach mayors,park features of Huntington Central past Huntington Beach mayors,park features of Park and other community facilities such as lakes, structures, Huntington Central Park and other community facilities (other than restrooms),groves of trees,walkways,playing such as lakes,structures,(other than restrooms),groves fields,group camp and picnic sites,gardens,play equipment of trees,walkways,playing fields,group camp and areas,meadows,amphitheaters,vistas,bridges,and wildlife picnic sites, gardens,play equipment areas,meadows, refuges shall be named after such mayors to honor them for amphitheaters,vistas,bridges,and wildlife refuges may their service to the city.In addition,other individuals' names or be named after such mayors to honor them for their other park names may be proposed.These names would be service to the city. in addition, ether.individuals' names considered when their unique contributions have had a citywide impact, are marked by excellence and are worthy of honor. and an weithy of henen 6.)If park or pier furniture such as picnic tables,benches,trash 6.)If park or pier furniture such as picnic tables, cans,and play equipment,etc.is donated by an individual,civic benches,trash cans,and play equipment,etc. is donated organization,family or business,the donor may receive by an individual,civic organization,family or business, recognition by having the name of a person,family or business the donor may receive recognition by having the name placed on the donation. Examples: 1)A donation in memory of of a person,family or business placed on the donation. a relative could be given to the City for a pier bench with the Examples: 1)A donation in memory of a relative could individual's name etched on the bench;2)a modular piece of be given to the City for a pier bench with the play equipment and a park bench could be funded by a donation individual's name etched on the bench with the from a company with the bench placed immediately adjacent to following options: a new tot lot with the inscription"This tot lot is donated to the 1. The name only,including the year City of Huntington Beach by Company." 2. In honor of (individual's name), including the year 3. In memory of (individual's name) including the year; 2)a modular piece of play equipment and a park bench could be funded by a donation from a company with the bench placed immediately adjacent to a new tot lot with the inscription"This tot lot is donated to the City of Huntington Beach by Company." Recommended nges to Current Park Naming Policy—June 1,2004 Meeting 7.)If a business or other entity offers to pay the City in No Changes exchange for the City naming a facility or park after the business,then the City may enter into an agreement for the same. The agreement must be prepared by the City Attorney and approved by the City Council 8.)Only one park, park feature or community facility shall be No Changes named for an individual. 9.)All recommendations for park/pier memorial naming shall No Changes have the concurrence of the Community Services Commission and the Ci Council. 10.)All other resolutions in conflict herewith are hereby No Changes repealed. :zr City of Huntington Beach A Community Services Commission Park Naming and Memorials Committee HUNTINGTON BEACH Meeting Summary 6:00 p.m., Wednesday, August 18, 2004 2000 Main Street Lower Lever, Room B-7 Huntington Beach CA 92648 Committee Members Present: John Myers; Allan Pogrund; Buddy Roberts; Nick Tomaino Committee Members Absent: None Staff Present: David Dominguez, Barbara Gray Guests Present: None Chair Pogrund called the meeting to order at 6:02 p.m. Public Comments — None Park Naming Policy The committee discussed Resolution 2001-64, which establishes City Council's policy for the naming of city parks, park features, and community facilities. Pogrund noted that the committee had previously reviewed the resolution and made modifications. Committee members were in agreement with Council Member Cook's concern that too much emphasis is placed on naming parks after mayors. Roberts expressed concern that the resolution shall contain as much flexibility as possible. Therefore, the recommended changes to current policy would be as follows: Section 2) If an entire park or sizable portion of a park which is not adjacent to a school is donated by an individual or family, it sbaii may be named after the donor. Section 3) If the park is neither adjacent to a school nor donated, all or in part, it skull may be named after Huntington Beach mayors, no longer members of the City Council shall be-given with consideration given to those oldest who are still living. In addition, other Individual's names Including past Councilmembers, or other park names may be proposed. These names would be considered when their unique contributions have had a city, state or national impact and are worthy of honor. Section 4)That a#9F all the M8yGFS' and additignal paFka are purchased by the Gity, parks shall be named afte"Ry Eliminate Section 4 in Its entirety. Section 5) If enough parks do not exist to exhaust the list of past Huntington Beach mayors, park features such as lakes, structures (other than restrooms), groves of trees, walkways, playing fields, group camp and picnic sites, gardens, play equipment areas, meadows, amphitheatres, vistas, bridges and wildlife refuges Shall may be named after such mayors to honor them for their service to the city. in addition, etheF Individual's Park Naming & MemoriliCommittee Summary of August 18, 2004 Meeting OthOF PaFk names may be PFOpesed. These names would be considered when they're Motion: Moved by Progrund, seconded by Roberts, to recommend Commission approval of the changes to Sections 2 through 6 of Resolution 2001-64 as follows: Section 2) If an entire park or sizable portion of a park which is not adjacent to a school is donated by an individual or family, it may be named after the donor. Section 3) If the park is neither adjacent to a school nor donated, all or in part, is may be named after Huntington Beach mayors, no longer members of the City Council, with consideration given to those oldest who are still living. In addition, other Individual's names including past Counciimembers, other park names may be proposed. These names would be considered when their unique contributions have had a city, state or national impact and are worthy of honor. Section 4) Eliminate Section 4 in its entirety. Section 6) If enough parks do not exist to exhaust the list of past Huntington Beach mayors, park features such as lakes, structures (other than restrooms), groves of trees,walkways, playing fields, group camp and picnic sites, gardens, play equipment areas, meadows, amphitheatres,vistas, bridges and wildlife refuges may be named after such mayors to honor them for their service to the city. and recommended submission to the City Council for approval. Motion passed unanimously. Donation Bench Content— Dominguez explained that the changes to the Donation Bench content was pulled from the Community Services Commission agenda because of various legal issues. A legal opinion regarding this issue was solicited from the City Attorney. Myers suggested a survey of other city's policies to compare wording and format and solicit recommendations from the City Attorney. Motion: Moved by Pogrund, seconded by Tamalno,to recommend that the City Attorney to look at other cIty's format for Donation Bench content and provide recommendations for restrictive language in the policy. Motion passed unanimously. There being no further business, the meeting adjourned at 6:21 p.m. David C. Dominguez Manager of Facilities, Development, and Concessions Community Services Department By: Barbara Gray ATTACHMENT #4 Al HM CITY OF HUNTINGTON BEACH Inter-Department Communication TO: JIM ENGLE,Director of Community Services _ FROM: JENNIFER MCGRATH,City Attorney DATE: July 1,2004 SUBJECT: RLS 2004-218 messages on park benches INDEX: FACTS: The City cif Huntington Beach is contemplating an"Adopt-A-Bench"program. The program would be designed to help pay for benches placed in City parks or other public areas. As a "thank you"to the donors,the City will allow, a plaque somehow indicating whom the bench is dedicated to or was donated by or whom it memoralizes:.This program is similar to the Adopt- A-Highway program in effect in many cities throughout the Country. QUESTION PRESENTED: Can the City of Huntington Beach restrict the access of donors in the Adopt-A-Bench program and can the City of Huntington Beach restrict what speech is allowed on the plaques placed on the benches? ANSWER: Yes. The City of Huntington Beach can restrict access to the program to the extent that the donor is unwilling to abide by the rules of the program;however, the City should not restrict access if denying use of this program is based on the viewpoints of the proposed participants. Since permitting bench plaques does not open a public forum,the City may'adopt a-policy indicating what words may be placed on them. Additionally, the speech conveyed is arguably government speech allowing the City of Huntington Beach to restrict the speech placed on the benches. �, ..• ' Page 2 Jim Engle Re: RLS 2004-218 ANALYSIS: The United States Supreme Court has identified three'types of fora:the traditional public forum, the limited public forum created by government designation,and the non-public forum. Cornelius v. NAACP Legal Defense &Ed Fund Im.,.473 U.S.788, 802; 105 S.Ct. 3439, 3449; 87 L.Ed.2d 567(1985). Traditional public fora,such as public sidewalks,streets,and parks,are places that"by long tradition or by government fiat have been devoted to assembly and debate." Perry Educ.Assn v. Perry Local Educators'Assn,460 U.S.37,45; 103 S.Ct. 948;74 L.ed.2d 794(1983).Were the Adopt-A-Bench program and the plaques to be considered a public forum, the City would probably not be able to control the content of the message the donor would be able to.have placed on the plaque. Because the Adopt-A-Bench program itself has not "traditionally...been devoted to assembly and debate"the program should not be considered a traditional public forum. Since the program has not yet been instituted,the City can guard against designating plaques as a public forum by making clear the intent to use the program not as a mode for the exchange of ideas,but for a way to memorialize people or organizations and fund public benches. In other words,the plaques would not be a public forum and the City may regulate them within the perimeters set forth below. This view is consistent with cases interpreting the Adopt-A-Highway program,which is akin to the Adopt-A-Bench proposal here. Although no Ninth Circuit cases are directly on point,a number of other Circuits indicate that the City of Huntington Beach would be able to restrict the content of the plaques,provided that the restrictions imposed are reasonable,view point neutrd; + and"not an effort to suppress expression merely because public officials oppose the speaker's view" Cornelius v. NAACP Legal Defense Fund 473 U.S. 788, 800(1985). In Texas v Knights J . of the Ku Klux Klan, 58 F.3d 1075,1078 (5*Cir. 1995),the court found the forum to be defined by the Adopi-A-Highway program itself,not the highway that the program took place on. Additionally,the Court found that the Adopt-A-Highway program was a non-public forum. Id. Similarly,the United States Supreme Court,in Cornelius v. NAACP Legal Defense &Ed Fund Inc.,473 U.S.788 (1985),stated that the forum should be defined by the access sought by the speaker,in this case the Adopt A Bench program. Similar to the Adopt-A-Highway program,under the City proposed bench program,individuals do not seek general access into the parks for speech purposes,but rather only seek access to the program. The purpose of the Adopt-A-Bench program is to help alleviate.the cost of the park benches,not to provide a forum for expressive activity. The City may therefore control the content of what is on these memorial benches via a policy which donors must abide by;such a policy would also serve to evidence the City's intent to not open a limited public forum State of Texas v. Knights of the KKK 58 F.3d 1075 (1995). The policy would have to be reasonable in light of the purpose of the forum and all the surrounding circumstances Cornelius, 473 U.S. at 809,supra. Such a policy could provide that only a legal name be permitted,with the addition of the words 'in memory of', "dedicated to"or"donated by".The City could require proof of the legal name, • which would also include names of corporations and the like,to prevent the use of fictitious scoMinemos/adopt bench I Page 4 Jim Engle Re: RLS 2004-218 Bear in mind that since the City must not discriminate as to viewpoint,any legal person's name must be accepted for placement on the plaque. If, for example, a highly unpopular group has incorporated,the name of that organization would have to be placed on the plaque. This could be avoided by allowing only legal names of individual persons or even of deceased persons. Then again, if there is not a concern about restricting messages on the plaques at all,the City is free to stay out of the content regulation basis,regulating only the.size and material of the plaques,aad let donor's say what they will.That is a policy decision,not a legal one. CONCLUSION: The Adopt-A-Bench program is a non-public forum, which allows the City of Huntington Beach to reasonably restrict access to the program. The City of Huntington Beach would not have to include the donors' own message on the plaques. RECOMMENDATION: Either adopt a policy that restricts what is permitted on the plaques in a manner that does not exclude people based on their viewpoint and is reasonable, such as the policy suggested here,or ffiow anyone who donates to Adopt-A-Bench to inscribe whatever-they choose.on the plaque. \JENNIFER MCGRATH, City Attorney A scsMmemosladopt bancb • \ ATTACHMENT #5 RESOLUTION NO. 2 0 0 4-9 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING ITS POLICY FOR THE NAMING OF CITY PARKS, PARK FEATURES AND COMMUNITY FACILITIES AND REPEALING CONFLICTING RESOLUTIONS WHEREAS, the City has established a vigorous program to provide suitable park and recreation areas for its residents; and, It is desirable that appropriate names be selected for the City's parks and that the City recognize donations of park/pier furniture and/or park play equipment, and that a policy be adopted by the City Council to accomplish this purpose, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the policies contained in this resolution shall be instituted for the naming of the City's parks, park features and community facilities, and to recognize donations of park/pier furniture and park/play equipment. 2 That parks adjacent to schools be named the same as the school. 3. That if an entire park or sizable portion of a park which is not adjacent to a school is donated by an individual or family, it may be named after the donor. 4. That if the park is neither adjacent to a school nor donated, all or in part, it may be named after past Huntington Beach mayors who are no longer members of the City Council ("former mayors"). In addition, other individuals, including past council members, or other names may be proposed. The names of these persons may be considered when their unique contributions have had a City, state or national impact, are marked by excellence and are worthy of honor. 5. That in addition to parks, other community facilities such as lakes, park features of Huntington Central Park; structures (other than restrooms and benches), groves of trees, walkways, playing fields,group camp and picnic sites, gardens;play equipment areas, meadows, amphitheaters, vistas, bridges and wildlife refuges may be named after former mayors to honor them for their service to the City. 6. . That if park or pier furniture such as picnic tables, benches, trash cans, or play equipment is donated by an individual, civic organization, family or business, the donor may receive recognition by having the name of a person, family or business placed on the donation. Examples: (a) A donation in memory of a relative could be given to the City for a pier.bench with the following options: 04reso/naming parks/9/28/04 I Resolution No. 2004-90 1. The name only, including the year; 2. In honor of (individual's name), including the year; 3. In memory of (individual's name), including the year. (b) a modular piece of play equipment and a park bench could be funded by a donation from a company with the.bench placed immediately adjacent to anew.tot lot with the inscription"This tot lot is donated to the City of Huntington Beach by Company ." 7. That if a business or other entity offers to pay the City in exchange for the City naming a facility or park after the business, then the City may enter into an agreement for the same. The agreement must be prepared by the City Attorney and approved by the City Council. 8. That only one park, park feature or community facility shall be named for an individual. 9. That all recommendations for park/pier memorial naming shall have the concurrence of the Community Services Commission and the City Council. 10. That Resolution No. 2001-64 and all other resolutions in conflict herewith are hereby repealed. PASSED AND ADOPTED by the.City Council.of the City of Huntington Beach at a regular meeting thereof held on the 15 th dad of November 2004. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator 11 6 y City ttomey U ,per( 10,1 INITIATED AND APPROVED: Dir ct of Community ServicY 04reso/naming parks/9/27/04 2 Res. No. 2004-90 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 15th day of November, 2004 by the following vote: AYES: Sullivan, Coerper, Hardy, Boardman, Cook, Winchell NOES: Green ABSENT: None ABSTAIN: None s City #rk and ex-officio ClMk of the City Council of the City of Huntington Beach, California ATTACHMENT #6 POLICY FOR THE NAMING OF CITY PARKS, PARK FEATURES AND COMMUNITY FEATURES POLICY FOR THE NAMING OF CITY PARKS, PARK FEATURES AND COMMUNITY FACILITIES Council asked the Community Services Commission to review policy • Naming parks after mayors & more flexibility • Park bench donations Community Services Commission Response: •Past Commission recommendations/Council decisions: ■Worthy Park & Rodgers Seniors' Center ■Carr & Baca Parks ■Discovery Well Park • Language less restrictive and more flexible ■"may" has replaced "shall" ■honorees considered for unique contributions or impact on city, state or nation ■oldest, living designation for mayor honorees removed, though mayors may still be honored (maintain tradition) Bench Donation Program • Concern: ■ Potentially inappropriate messages on benches ■ Freedom of Speech • City Attorney: adopt a policy indicating what may be placed on the benches • Proposed Inscriptions: ■ The name only ■ In honor of(individual's name) ■ In memory of (individual's name) All three options may include the year of dedication. RECOMMENDED ACTION : Adopt the Resolution of the City Council of the City of Huntington Beach Establishing Its Policy for the Naming of City Parks, Park Features, and Community Facilities and Repealing Conflicting Resolutions as presented in your agenda packet RCA ROUTINGS ET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: ADOPT RESOLUTION REPEALING RESOLUTION NO. 2001-64, PARK NAMING AND MEMORIALS POLICY COUNCIL MEETING DATE: November 15, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorne ) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable ❑ (Approved as to form by City Attorne Certificates of Insurance (Approved b the City Attorne Attached ❑ ( PP Y Y Y) Not Applicable ❑ Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable ❑ Attached ❑ Bonds (If applicable) Not Applicable ❑ Attached ❑ Staff Report (If applicable) Not Appiicable ❑ Commission, Board or Committee Re ort If applicable Attached p ( pp ) Not Applicable ❑ s/Conditions for Approval and/or Denial Attached ❑ Findin g pP Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: J. Engle I