HomeMy WebLinkAbout2012-03-27; City Council; 20856; Revisions to Council Policy 48 - Naming Rights of Parks and Municipal FacilitiesAB#
MTG.
DEPT.
20,856
03/27/12
P&R
CITY OF CARLSBAD - AGENDA BILL
REVISIONS TO COUNCIL POUCY 48: "NAMING
RIGHTS OF PARKS AND MUNICIPAL
FACILITIES"
DEPT.DIRECTOR
CITY ATTY.
CITY MGR.
16
RECOMMENDED ACTION:
Adopt Resolution No. 2012-077 amending Council Policy 48 to incorporate proposed changes to the
"Naming Rights of Parks and Municipal Facilities."
ITEM EXPLANATION;
On July 21, 2009, the City Council received a presentation from city staff regarding the naming of baseball field
No. 1 at Poinsettia Park. At that meeting the Council voted unanimously to posthumously rename the field
'Thorp Field" in honor of a local youth athlete, Mitchell Thorp.
While the Council supported the Parks and Recreation Commission's recommendation and voted unanimously to
approve the naming rights proposal, the Mayor and Council members expressed concern regarding the existing
naming rights policy specifically related to the criteria for naming rights.
During the Thorp Field naming discussion, it was suggested by several Council members that the criteria for
naming rights as outlined in the existing policy were too vague and not clearly defined. As a result, the Council
generally felt that the sheer volume of naming requests would eventually outweigh the number of available parks
and facilities within the city.
The City Council requested that staff review and revise the naming rights policy criteria placing an emphasis on
defining, evaluating, and providing direction regarding what merits a "significant contribution" to the community
and the City of Carlsbad. For comparison, research, and best practices purposes, staff examined numerous
naming rights policies including the City of Costa Mesa, City of Seattle, City of Vancouver, British Columbia, and
the University of California Regents.
Staff worked closely with members ofthe Parks & Recreation Commission to revise the existing policy (Exhibit 2).
After considering several draft versions, staff introduced the final proposed policy revisions to the Parks and
Recreation Commission at its regular meeting of June 20, 2011. The Commission voted unanimously to
recommend that the City Council accept the revisions to Council Policy 48, "Naming Rights of Parks and Municipal
Facilities (Exhibit 4)."
Additionally, staff formally presented the Parks 8i Recreation Commission approved version ofthe draft naming
policy to the Historic Preservation Commission, Arts Commission, Library Board of Trustees, and the Senior
Commission for review and comment.
DEPARTMENT CONTACT: Mick Calarco 760-434-2859; mick.calarco@carlsbadca.gov
FOR CITY CLERK'S USE ONLY. , _/ • COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
The proposed policy was positively received by the various boards and commissions. The Historic Preservation
Commission and Senior Commission had comments they asked to be shared with Council via the Agenda Bill
process.
The Historic Preservation Commission requested that they be included in the naming review process as it pertains
to historic sites or properties. Consistent with their request, the proposed policy states that, "... [S]ufficient time
shall be allowed for review by the Board and/or Commission ..." This includes the Historic Preservation
Commission where required.
The Senior Commission commented that any revenue generated from a naming opportunity associated with the
Carlsbad Senior Center be directed to the Senior Contribution Revenue Fund and not the General Fund.
Commissioners were reminded that revenue generated from naming opportunities may be appropriated to a
special revenue account for a specific purpose with approval from the City Council.
Lastly, members ofthe Senior Commission objected to the proposed one year waiting period for memorial
naming rights. The general feeling was that there should be no waiting period, and each request—memorial or
otherwise—should be evaluated and approved or rejected on its own merit. Staff believes the one year waiting
period will provide ample time for analysis, an opportunity to objectively evaluate the nomination, and the
significance ofthe individual's contribution to ensure that the policy criteria are met. Ultimately, individual
naming requests will be considered on a case-by-case basis, and final approval is at the sole discretion ofthe City
Council (Exhibit 4, page 4 of 5).
Major subject area revisions include (Exhibit 3):
1. Policy Title: "Naming Rights of Parks and Designated Municipal Facilities"
The title (and policy) was changed to reflect the fact that the city may not want to offer naming rights for all
(designated) municipal facilities, including city-owned facilities leased to commercial tenants, city core service
facilities (City Hall, fire stations, and police stations), naming of certain minor amenities such as trees and park
benches, and naming of streets, programs, events or other types of sponsorships.
2. Facilities Eligible for Naming
A list of facilities that are eligible for naming shall be created, maintained and made available by the individual
department offering naming opportunities.
3. Types of Naming Rights: Naming or Renaming Rights, and Memorial or Honorific Naming
Two distinct naming categories were created.
Naming or renaming rights are usually granted in exchange for a significant financial contribution to the city, while
memorial or honorific naming is generally granted without a significant financial contribution to the city.
Memorial naming is designed to specifically acknowledge deceased individuals, while honorific naming is
intended to recognize living individuals.
9"
Page 3
4. Criteria for Naming Rights
Criteria for naming rights were included to aid in the decision making process, and to further define a "significant
contribution" to the City ofCarlsbad. In the current policy, naming costs were defined by the department. A
market value assessment requirement was added to the process to assist with determining the market value
associated with the naming opportunity.
5. Additional Criteria for Memorial or Honorific Naming
Additional criteria for memorial or honorific naming were added to aid in the decision making process, and
further describe a significant contribution to the City of Carlsbad. Moreover, criteria were added which stipulates
that in the case of memorial naming rights only, the individual in question must be deceased for a period of one
year before the name will be considered. The waiting period will allow ample time for analysis, an opportunity to
objectively evaluate the recommendation, and the significance ofthe individual's contribution to ensure that the
policy criteria are met.
6. Renaming
Criteria for renaming were added to clarify under what circumstances the city will consider renaming proposals.
Renaming of parks, designated municipal facilities, and amenities within those facilities will be permitted when
the park, facility, or amenity has been replaced, substantially renovated, or developed for another use.
7. Naming Rights and Memorial or Honorific Naming Agreement
Upon approval, a Naming Agreement shall be created and the terms of naming rights and memorial or honorific
naming shall be individually negotiated and agreed upon by all parties. Highlights of the Agreement include, but
are not limited to, a description ofthe contractual relationship, the actual term ofthe agreement
(commencement and termination), renewal options, market value assessment (in the case of naming rights),
payment schedule, a description of rights and benefits, and release, indemnification, non-compliance, early
termination and insurance clauses.
8. Appeals Process
At the request ofthe Parks 8i Recreation Commission, the Board or Commission as an advisory body to the City
Council was removed from the appeals process. If an applicant is ultimately denied by the Department
Director/City Manager that decision shall be appealed directly to the City Council.
FISCAL IMPACT:
The current version of Council Policy 48 does not include any provisions for specifically charging naming rights
fees. However, it is the responsibility of individual departments wishing to grant naming rights to determine the
market value of the naming right and make a recommendation to the City Council for final approval.
Per the proposed version of Council Policy 48 (Exhibit 4), the department pursuing naming rights is responsible
for obtaining a market value assessment to help the city to determine the market value associated with the
naming opportunity. The Council will make the final decision to approve or deny the request, and a fee for
naming where applicable, will be included as part ofthe Naming Rights Agreement via the Agenda Bill process.
Fiscal impact related to memorial and honorific naming, such as staff time and materials will vary based on the
type of individual request. Such costs may be absorbed by existing operating budgets.
Page 4
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Resolution No. 2012-077 approving the revisions to Council Policy 48, "Naming Rights of Parks
and Municipal Facilities"
2. Council Policy 48 (current version dated Jan. 16, 2007)
3. Council Policy 48 (underline/strikeout version)
4. Council Policy 48 (as revised)
1 RESOLUTION NO. 2012-077
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, APROVING REVISIONS TO CITY COUNCIL POUCY 48,
3 "NAMING RIGHTS OF PARKS AND DESIGNATED MUNICIPAL FACILITIES'
4
^ WHEREAS, the City of Carlsbad has determined that it is necessary and in the public interest to
^ provide clarity to its policy for the naming or renaming of parks, municipal facilities, and amenities
7 within those facilities; and
8 WHEREAS, Council Policy 48 "Naming Rights of Parks and Municipal Facilities" govern the rules,
9 regulations pertaining to the naming or renaming of parks, municipal facilities, and amenities within
1^ those facilities; and
WHEREAS, Council Policy 48 was last revised and approved by the City Council in 2007; and
WHEREAS, the Parks & Recreation Department proposes revisions to Council Policy 48 in order
to improve customer service, information provided to the public, and to further define and clarify what
substantiates a "significant contribution" to the City of Carlsbad in regard to naming or renaming of
parks, designated municipal facilities, and amenities within those facilities; and
WHEREAS, the Parks 8i Recreation Department proposes comprehensive revisions to Council
Policy 48 in order to incorporate necessary changes including those sections pertaining to types of
naming rights and introducing memorial or honorific naming; and
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2Q WHEREAS, each Department engaged in naming shall create and make available a list of facilities
21 eligible for naming; and
22 WHEREAS, each naming opportunity granted shall include a formal Naming Agreement which
23 serves as a legal contract between the applicant and the city; and
24 WHEREAS, Parks 8i Recreation staff presented the proposed revisions to Council Policy 48
Naming Rights of Parks and Designated Municipal Facilities to the Historic Preservation Commission,
26
Arts Commission, Library Board of Trustees, and the Senior Commission for review and comment; and
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1 WHEREAS, on June 20, 2011 the Parks and Recreation Commission voted unanimously in favor
2 of the proposed revisions to Council Policy 48 Naming Rights of Parks and Designated Municipal
3 Facilities, and recommended approval by the City Council.
^ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That Council Policy No. 48 is amended to read as set forth in Exhibit 4 to the Agenda Bill
entitled "Revisions to Council Policy 48, 'Naming Rights of Parks and Designated
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Municipal Facilities.'"
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 27th day of March 2012, by the following vote to wit:
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11 MATT HALt, Mayor
ABSENT: None.
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
N^t^y^r. ^7 c\.v 18 c'^.- n<.-
HIB. IT 2-
CITYOFCARLSBAD
COUNCIL POLICY STATEMENT
General Subject: NAMING RIGHTS OF PARKS AND
MUNICIPAL FACBLrnES
Page 1 of 4
48 Policy No. _
Datelssued 01/16/Q7
Effective Date ni/if^/n?
CanceUation Date
Supersedes No.
specific Subject: Naming Rights Of Parks, Municipal Facilities, And Amenities
Within Those Facilities
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
BACKGROUND:
Thc intent of this policy is to:
• Confirm the current practice of naming parks, municipal facilities, and amenities within those
facilities, after significant geographical, neighborhood and historical elements;
• Recognize significant contributions that organizations or individuals have made to the public life
and the well-being of the citizens of the City of Carlsbad;
• Provide guidance on how to apply for approval to name or rename parks, facilities, and amenities
within those faciUties;
• Expand the current practice of naming parks to include all appropriate municipal facilities and
any amenities within a park or municipal facility.
PURPOSE;
To revise and establish the criteria and procedures for the naming rights of parks, municipal facilities,
and amenities within a park or municipal facilities in consideration of financial contributions or in
recognition of any significant contributions to the City of Carlsbad that it wishes to honor.
STATEMENT OF POLICY;
There are three types of naming situations this policy intends to address;
• The opening or reopening of parks, municipal facilities, and amenities within those facilities;
• Providing recognition of financial contributions to the City of Carlsbad;
• Honoring persons, organizations, corporations, or foundations in recognition for their significant
contributions to the City of Carisbad.
Criteria for Naming Rights:
• Honors individuals, Uving or deceased, who have made a significant contribution to the City of
Carlsbad;
• Consistent with contribution level;
• Longstanding affiliation witii tiie City;
cmr OF CARLSBAD Page 2 of 4
Policy No. 48
COUNCIL POUCY STATEMENT Date Issued oi/ift/n?
Effective Date 01/16/07
General Subject: NAMING RIGHTS OF PARKS AND
MUNICIPAL FACIUnES Cancellation Date
Supersedes No.
specific Subject: Naming Rights Of Parks, Municipal FaciUties, And Amenities
Witiiin Those FaciUties
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
• Provides a sense of place, continuity and belonging reflecting the geographic location,
community, neighboriiood or street where the park, municipal facility or amenity within thc
facility is located;
• Recognizes the historical and/or cultural significance of the area;
• Reflects unique characteristics of the site.
Names will not be chosen that:
• Cause confusion due to duplication or names sounding similar to existing locations within the
City of Carlsbad;
• Are tiie names of companies whose business is substantially derived from the sale of alcohol,
tobacco, firearms, pornography, and/or sexually expUcit goods or services;
• Are discriminatory or derogatory considering race, gender, creed, religious or poUtical affiliation,
or other similar factors;
• Recognize the birth, marriage or anniversary of specific individuals.
The City of Carlsbad reserves the right to reject or revoke naming rights opportunities by individuals,
groups, or organizations whose views or public statements do not promote tiie mission, norms and
values, or interests of the City.
Names of persons, organizations, corporations, or foundations will be considered when they have
made a significant contribution to the City of Carisbad by:
• Enhancing the quality of life and well-being of tiie City and its Citizens;
• Contributing to the historical or cultural preservation of the City;
• Contributing toward the acquisition, development, or conveyance of land or building to the City;
• Exemplary or meritorious contributions to the City;
• A direct relationship or association that exists between a former place of residence of the person
or group and the parks, facilities, and amenities within those faciUties to be named.
Where the name of an individual is recommended after an intemal discussion, written consent shall be
obtained from the individual, their next of kin, or tiieir estate prior to tiie City Councirs public
consideration.
CITYOFCARLSBAD Pagc3of4
PoUcy No. 48
COUNCIL POLICY STATEMENT Date Issued 01/16/07
Effective Date QI/WQ7
General Subject: NAMING RIGHTS OF PARKS AND
MUNICIPAL FAdUriES Cancellation Date
Supersedes No. ^
Specific Subject: Naming Rights Of Pailcs, Municipal FaciUties, And Amenities
Within Those FaciUties
Copies to: City Council, City Manager, City Attomey, Department and Division Heads,
Employee Bulletin Boards, Press, File
Where the naming opportunity is the result of a financial contribution, the foUowing factors must
be considered:
• The significance of the contribution made relative to the construction and operating costs of the
parks, municipal faciUties, and amenities within those facilities;
• The cost of establishing the naming option (costs to be determined by the responsible Department
on an individual basis).
The duration of naming rights of parks, municipal faciUties, and amenities within those facilities shall be
decided or negotiated on a case-by-case basis.
Naming rights of paries, municipal faciUties, and amenities within those facilities may be renewed by
mutual agreement between all the parties.
Existing names will not be changed without consideration of the historical significance of the existing
name, tiie impact on the individual or organization previously named, tiie cost and impact of changing
existing signs, rebuilding community recognition and updating records (i.e. letteriiead, databases, and
promotional materials).
Each naming right application will be considered on a casc-by-case basis.
PROCEDURE:
Applicant(s) shall submit a written request for naming rights to the corresponding Department Director,
with justification to aid in considering the proposal. The proposed name shall be placed on the Board
and/or Commission agenda (if required), allowing appropriate time for review by tiie Board and/or
Commission and subcommittee if necessary, and to publicize and receive input from the public at the
Board and/or Commission meeting. The Board and/or Commission's recommendation will be forwarded
to the City Council for their determination of the official name.
In the case of City-sponsored support groups raising funds on behalf of tiie City (i.e. Friends of the
Library and/or Friends of Carrillo Ranch), it will be necessary to estabUsh naming rights gift levels prior
to soliciting gifts and offering naming rights to prospective donors. No final commitment to name a park,
municipal facility or amenity within the facility can be made to a potential donor without the appropriate
CITYOFCARLSBAD
COUNCIL POUCY STATEMENT
General Subject: NAMING RIGHTS OF PARKS AND
MUNICIP AL FACILmES
Page 4 of 4
48 Policy No. _
Date Issuedni/lfi/O?
Effective Date 01/16/07
Cancellation Date
Supersedes No. _
Specific Subject: Naming Rights Of Parks, Municipal Facilities, And Amenities
Within Those Facilities
Copies to: City Council, City Manager, City Attomey, Department and Division Heads,
Employee Bulletin Boards, Press, File
approvals as outiined within this poUcy. The support groups will first estabUsh recommended gift levels
for naming rights. The recommended gift levels will then be submitted to tiie corresponding Department
Director for its review and then submitted to tiie corresponding Board and/or Commission. The Board
and/or Commission's recommendation on the gift levels will then be forwarded to tiie City Council for
its final approval prior to tiie support group soliciting donations for naming rights.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Council Policy Statement
Category; NAMING RIGHTS OF PARKS AND MUNICIPAL FACILITIES
Specific Subiect: Naming Rights Of Parks. Municipal Facilities, and Amenities Within Those Facilities
Gonoral Subjoct: NAMING RIGHTS OF PARKS AND MUNICIPAL FACILITIES
Spocific Subject: Naming Rights of Parks, Municipal Facilities and Amonitios Within Thoso
Facilities
Copies to: City Council, City Manager, City Attorney, Department and Division
Heads, Employee Bulletin Boards, Press, File.
PURPOSE:
The purpose of this policv is to:
Address naming or renaming where an exchange of consideration takes place (naming
rights), and address memorial or honorific naming where there is no financial
consideration.
CreateTo revise and establish tt^criteria and procedures for the naming or
renamingrights of parks, designated municipal facilities, and amenities within those
facilities.
Encourage philanthropic giving while acknowledging public investments and
safeguarding against the unwanted commercialization ofthe public realm.
Provide guidance on how to applv for approval to name or rename parks, designated a
park or municipal facilities, and amenities within those facilities.
Present a clear and consistent evaluation framework and approval process for City
Council in considering naming or renaming requestsconsideration of financial
contributions or in recognition of any significant contributions to the City of Carlsbad
that it wishes to honor.
BACKGROUND:
The intent of this policy is to:
Confirm the current practice of naming or renaming parks, designated municipal
facilities, and amenities within those -facilities, after significant geographical,
neighborhood, cultural and historical elements^f
19
• Recognize substantial personal and financialsignificant contributions that individuals,
groups, or communitv organizations or individuals have made to the public life and the
well_-being of the residentscitizens of the city.Citv of Carlsbad;
•—PromoteProvide guidance on how to apply for approval to name or rename parks,
facilities, and amenities within those facilities;
• Expand the current practice of naming or renaming parks to include designated^
appropriate municipal facilities and any-amenities within a park or municipal facility.
• Create, maintain, and make available a list by department of parks, designated
municipal facilities, and amenities within those facilities eligible for City Council's
consideration of naming.
• Institute a process under which a city-sponsored or city-recognized fundraising support
group mav work with staff and the Citv Council to formally establish conditions (via the
agenda bill process) under which the group mav identify and market naming
opportunities, and enter into an agreement with the citv under these terms.
• No vested rights shall be conferred or received by any individual, entity, group, or
communitv organization as a result of this policy.
GRANTING
STATEMENT OF RIGHTSPQy€¥4
Naming rightsThere are three types of naming situations this policy intends to address:
•—The opening or reopening of parks, designated municipal facilities, and amenities within
those facilities usually granted in exchange for a significant j
• Providing recognition of financial contribution bv an individual, group, communitv
organization, entity, company, corporation or foundationcontributions to the city.City of
Carlsbad;
• Memorial or honorific naming of parks, designated municipal facilities, and amenities
within those facilities in memory or honor of outstanding achievement, meritorious
service, or exceptional community involvement on the behalf of an individual, generallv
without a financial contribution to the city.
STATEMENT OF POLICY:
•—Names of individuals, groups, communityHonoring persons, organizations, entities,
companies, corporations, or foundations will be considered when theyin recognition for
their significant contributions to the City of Carlsbad.
Critoria for Naming Rights;
Honors indlvidualsi living or docoasod, who have made a significant contribution to the citv
by:Citv of CaHsbad;
(3
• Enhancing the qualitv of life and well being of the city and a majority of its residents.
• Contributing to the historical or cultural preservation of the city.
• Contributing toward the acquisition, development, or conveyance of land or building to
the citv.
• A direct relationship or association that exists between a former place of residence of
the person and the parks, designated facilities, and amenities within those designated
facilities to be named.
General criteria for naming rights (including memorial or honorific naming):
• Must be consistentConsistent with personal or financial contribution level.7
•—Longstanding affiliation with the City;
• Provides a sense of place, continuity and belonging reflecting the geographic location,
community, neighborhood or street where the park, -municipal facility or amenity
within the facility is located-f
• Recognizes the natural, historical and/or cultural significance of the area.7
• Reflects the unique characteristics of the site.
• Consistent with the mission, vision and values of the city.
Additional criteria for memorial or honorific naming:
Memorial naming is designed to specifically acknowledge deceased individuals, while honorific
naming is intended to recognize living individuals.
Parks, designated municipal facilities and amenities within those facilities mav be named in
memory or honor of an individual that has:
• Made a significant, positive contribution to the communitv without which the park,
designated municipal facilitv. or amenity within those facilities mav not have otherwise
existed, or;
Made an important contribution that enhanced a park, designated municipal facility, or
an amenity within those facilities in an extraordinary wav. and;
Demonstrated continuous and longstanding track record of exemplary public service, or
communitv volunteerism over a period of 15 or more years.
Achieved such unique distinction asto warrant recognition;
Had a longstanding and beneficial affiliation with the city, and;
Maintained a continuous residence in the city.
Where the name(s) of an individual(s) is recommended, written consent shall be
obtained from the individual(s) (for honorific naming), their heir(s). or their estate (for
memorial naming) prior to the Citv Council's public consideration.
(4
In the case of a memorial naming opportunity, the person must be deceased for a minimum of
one year before the proposal will be considered.
If the name proposed is that of an elected official or public employee, thev must be retired
from public service to be eligible for consideration.
Where the naming rights opportunitv is the result of a financial contribution, the following
factors must be considered:
The duration ofthe naming opportunity.
The cost paid to the city for naming shall be negotiated and established according to a
market value assessment. The naming cost shall be commensurate with the cost of
specific construction, operating, maintenance, and replacement costs ofthe parks,
designated municipal facilities, and amenities within those facilities to be named.
Market value assessment (a current assessment ofthe potential propertv value within
the marketplace ofthe Naming Rights for a specific park, designated municipal facility
and amenities within those facilities) to be coordinated by the responsible department
on an individual basis.
Renaming:
A proposal to rename or add an additional name to a park, designated municipal facilitv, and
amenities with those facilities shall adhere to all applicabte criteria outlined above. In addition,
the following guidelines shall be followed:
• The review process shall include due consideration and a comprehensive review of all
pertinent documents bv city staff. This includes a legal review by the city attornev of
information relating to the original naming and proposed renaming.
• When a park, designated municipal facilitv, and amenities within those facilities has
already been named, and will be replaced, substantiallv renovated, or developed for
another use, the replaced or renovated park, designated municipal facilitv, and
amenities within those facilities may be renamed.
• When a preexisting name is deemed by the Board, Commission, or city manager to be
no longer befitting.
• When in default or the terms of the Naming Agreement have been violated or not
fulfilled.
• When a park, designated municipal facility, and amenities with those facilities is
proposed for renaming, a reasonable effort will be made to notify in advance the
current individual named (or immediate familv members), group, or community
organization ofthe renaming.
Existing names mav not be changed without consideration of:
• Communitv input.
• The historical significance of the existing name.
• The impact on the individual or organization previouslv named.
• The cost and overall effect of changing existing signs, rebuilding communitv recognition
and updating records (e.g. letterhead, databases, and promotional materials).
• The Terms and Conditions of the Naming Agreement.
Names will not be chosen that:
• Cause confusion due to duplication or names sounding similar to existing locations
within the city.City of Carlsbad;
• Are the names of companies whose business is substantially derived from the sale of
alcohol, tobacco, firearms, pornography, and/ef sexually explicit goods or services.7
• Are discriminatory or derogatory considering race, gender, creed, religious or political
affiliation, or other similar factors.7
• Recognize the birth, marriage or anniversary of specific individuals.
Naming Rights and Memorial or Honorific Naming Agreement:
The terms of naming rights and memorial or honorific naming of parks, designated municipal
facilities, and amenities within those facilities shall be individuailv negotiated and agreed upon
bv all parties. The agreement is a legal contract between the applicant and the citv. and shall
contain:
• A description of the contractual relationship, specifying the exact nature of the
agreement.
• The term ofthe agreement (specified commencement and termination period). Naming
rights and memorial or honorific naming of parks, designated municipal facilities, and
amenities within those facilities shall never be granted in perpetuity.
• Renewal options, if any.
• For Naming Rights proposals, market value assessment, including cash, in-kind goods
and services (and method of evaluating in-kind contributions).
Payment schedule.
Description of rights and benefits.
Release, indemnification, non compliance and early termination clauses.
Insurance clauses.
Each naming or renaming rights and memorial or honorific naming or renaming proposal will be
considered on a case-bv-case basis, and final approval is at the sole discretion ofthe Citv
Council.
No vested rights shall be conferred or received by anv individual or entity as a result of this
policv or any action taken under this policy.
The City of Carlsbad reserves the right to reject or revoke naming rights and memorial or
honorific naming proposals submittedopportunities by individuals, groups, communityef
organizations, companies, corporations and foundations-whose views or public statements do
not promote and support the mission, visionnorms and values, or best interests ofthe cityGtyr
Names of porsonSj organizations> corporatlonsi or foundations will be considorod whon they
have mado a significant contribution to tho City of CaHsbad by:
#—Enhancing the quality of life and well being of the City and its Citizens;
#—Contributing to the historical or cultural preservation of the City;
•—Contributing toward the acquisition, development, or conveyance of land or building to
the City;
#—Exemplary or meritorious contributions to the City;
•—A direct relationship or association that exists betweon a former place of residence of
the person or group and the parks, facilities, and amenities within those facilities to be
named.
•—Where the name of an individual is recommended after an internal discussion, written
consent shall be obtained from the individual, their next of kin, or their estate prior to
the City Council's public consideration.
Whoro the naming opportunity is tho result of a financial contHbutionj tho following factors
must bo considered:
•—The significance ofthe contribution made relative to the construction and operating
costs ofthe parks, municipal facilities, and amenities within those facilities;
«—The cost of establishing the naming option (costs to be determined by the responsible
Department on an individual basis).
The duration of naming rights of parks, municipal facilities, and amenities within those facilities
shall be decided or negotiated on a case by case basis.
Naming rights of parks, municipal facilities, and amenities within those facilities may be
renewed by mutual agreement between all the parties.
«—Existing names will not bo changed without considoration ofthe historical significance
ofthe existing name, the impact on the individual or organization previously named, the
cost and impact of changing existing signs, rebuilding community recognition and
updating records (i.e. letterhead, databases, and promotional materials).
Each naming right application will be considered on a case by-case basis.
17
PROCEDURE:
• Applicant(s) shall submit a written proposalrequest for naming rights or memorial or
honorific naming to the corresponding department completeDepartment Diroctor, with
justification to aid in considering the proposal. It is incumbent upon the applicant to
clearlv document and illustrate how the The-proposed name satisfies the criteria as
defined in this policv.
• For memorial or honorific naming, the proposal shall include supporting background
information and/or biographical information (newspaper articles, photos,
proclamations, awards, and certificates) demonstrating that the proposed name is of
significance to the communitv, and be accompanied by at least three, and no more than
five, letters of support.
• Staff shall thoroughly review the proposal, and then forward it to the department
director and City Manager for a recommendation.
• Onlv if the department director and City Manager determines that all applicable criteria
as required bvthis policv has been satisfactorily demonstrated and achieved, shall the
proposed nameshall be placed on the Board and/or Commission agenda (if required) for
further consideration. Incomplete or ineligible proposals will be returned to the
applicant.
• Sufficient), allowing appropriate time shall be allowed for review by the Board and/or
Commission and subcommittee if requirednecessary, and to publicize and receive input
from the community^tfbtie at the Board and/or Commission meeting. -The Board and/or
Commission's recommendation will be forwarded to the City Council for their final
determination ofthe official name.
Citv sponsored or citv-recognized support group fundraising guideUnes:
In the case of city Cfty-sponsored or citv-recognized support groups fundraisingraising funds on
behalf of the City (i.e. Rotarv Club, Friends of the Ubrary and/or Friends of Carrillo Ranch), it
iswill bo necessary to establish naming opportunities andfigte gift levels prior to soliciting gifts
and offering naming rights to prospective donors.
No final commitment to name a park, designated municipal facility or amenity within those
facilities shallthe facilitv can be made to a potential donor without the appropriate prior
approvals as outlined within this policy.
The support groups will first establish recommended naming opportunities and gift levels.4ef
naming rights. The recommended naming opportunities and gift levels will then be submitted
to the corresponding department directorDepartment Director for its-review^ and then
submitted to the corresponding Board and/or Commission. The Board and/or Commission's
recommendation on the naming opportunities and gift levels will then be forwarded to the City
Council for its-final approval via the agenda bill process prior to the support group soliciting
donations for naming rights.
lb
Appeals Process:
Within 30 calendar davs ofthe denial of a Naming Rights Application bv a department
director/City Manager, an applicant(s) mav onlv submit a written request for
reconsideration ifthe applicant can demonstrate that criteria and documentation were
not properly assessed at the time ofthe initial department director's review.
The decision ofthe department director/City Manager mav be appealed to the City
Council. The decision of the Citv Council is final. It is the citv's policv to not consider
requests for reconsideration based solely on questions pertaining to the evaluation.
^ CARLSBAD
CITY OF
Policy No.
Date Issued:
Effective Date:
Resolution No.
Cancellation Date:
Supersedes No.
Council Policy Statement
48
March 13, 2012
March 13, 2012
48 issued 1/16/07
Category; NAMING RIGHTS OF PARKS AND MUNICIPAL FACILITIES
Specific Subject; Naming Rights Of Parks, Municipal Facilities, and Amenities Within Those Facilities
PURPOSE:
The purpose of this policy is to:
Address naming or renaming where an exchange of consideration takes place (naming rights),
and address memorial or honorific naming where there is no financial consideration.
Create and establish criteria and procedures for the naming or renaming of parks, designated
municipal facilities, and amenities within those facilities.
Encourage philanthropic giving while acknowledging public investments and safeguarding
against the unwanted commercialization ofthe public realm.
Provide guidance on how to apply for approval to name or rename parks, designated municipal
facilities, and amenities within those facilities.
Present a clear and consistent evaluation framework and approval process for City Council in
considering naming or renaming requests.
BACKGROUND:
The intent of this policy is to:
• Confirm the practice of naming or renaming parks, designated municipal facilities, and amenities
within those facilities, after significant geographical, neighborhood, cultural and historical
elements.
• Recognize substantial personal and financial contributions that individuals, groups, or
community organizations have made to the public life and the well-being ofthe residents ofthe
city.
• Promote the practice of naming or renaming parks to include designated municipal facilities and
amenities within a park or municipal facility.
• Create, maintain, and make available a list by department of parks, designated municipal
facilities, and amenities within those facilities eligible for City Council's consideration of naming.
• Institute a process under which a city-sponsored or city-recognized fundraising support group
may work with staff and the City Council to formally establish conditions (via the agenda bill
process) under which the group may identify and market naming opportunities, and enter into
an agreement with the city under these terms.
• No vested rights shall be conferred or received by any individual, entity, group, or community
organization as a result of this policy.
City Hall
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov
Policy No. 48
GRANTING OF RIGHTS
• Naming rights of parks, designated municipal facilities, and amenities within those facilities
usually granted in exchange for a significant financial contribution by an individual, group,
community organization, entity, company, corporation or foundation to the city.
• Memorial or honorific naming of parks, designated municipal facilities, and amenities within
those facilities in memory or honor of outstanding achievement, meritorious service, or
exceptional community involvement on the behalf of an individual, generally without a financial
contribution to the city.
POLICY:
Names of individuals, groups, community organizations, entities, companies, corporations, or
foundations will be considered when they have made a significant contribution to the city by:
• Enhancing the quality of life and well-being of the city and a majority of its residents.
• Contributing to the historical or cultural preservation of the city.
• Contributing toward the acquisition, development, or conveyance of land or building to the city.
• A direct relationship or association that exists between a former place of residence of the
person and the parks, designated facilities, and amenities within those designated facilities to be
named.
General criteria for naming rights (including memorial or honorific naming);
• Must be consistent with personal or financial contribution level.
• Provides a sense of place, continuity and belonging reflecting the geographic location,
community, neighborhood or street where the park, municipal facility or amenity within the
facility is located.
• Recognizes the natural, historical and/or cultural significance of the area.
• Reflects the unique characteristics ofthe site.
• Consistent with the mission, vision and values of the city.
Additional criteria for memorial or honorific naming:
Memorial naming is designed to specifically acknowledge deceased individuals, while honorific naming is
intended to recognize living individuals.
Parks, designated municipal facilities and amenities within those facilities may be named in memory or
honor of an individual that has:
• Made a significant, positive contribution to the community without which the park, designated
municipal facility, or amenity within those facilities may not have otherwise existed, or;
• Made an important contribution that enhanced a park, designated municipal facility, or an
amenity within those facilities in an extraordinary way, and;
• Demonstrated continuous and longstanding track record of exemplary public service, or
community volunteerism over a period of 15 or more years.
• Achieved such unique distinction as to warrant recognition;
Page 2 of 5 ^1
Policy No. 48
• Had a longstanding and beneficial affiliation with the city, and;
• Maintained a continuous residence in the city.
• Where the name(s) of an individual(s) is recommended, written consent shall be obtained from
the individual(s) (for honorific naming), their heir(s), or their estate (for memorial naming) prior
to the City Council's public consideration.
In the case of a memorial naming opportunity, the person must be deceased for a minimum of one year
before the proposal will be considered.
Ifthe name proposed is that of an elected official or public employee, they must be retired from public
service to be eligible for consideration.
Where the naming rights opportunity is the result of a financial contribution, the following factors
must be considered;
• The duration of the naming opportunity.
• The cost paid to the city for naming shall be negotiated and established according to a market
value assessment. The naming cost shall be commensurate with the cost of specific
construction, operating, maintenance, and replacement costs ofthe parks, designated municipal
facilities, and amenities within those facilities to be named.
• Market value assessment (a current assessment of the potential property value within the
marketplace ofthe Naming Rights for a specific park, designated municipal facility and
amenities within those facilities) to be coordinated by the responsible department on an
individual basis.
Renaming;
A proposal to rename or add an additional name to a park, designated municipal facility, and amenities
with those facilities shall adhere to all applicable criteria outlined above. In addition, the following
guidelines shall be followed:
• The review process shall include due consideration and a comprehensive review of all pertinent
documents by city staff. This includes a legal review by the city attorney of information relating
to the original naming and proposed renaming.
• When a park, designated municipal facility, and amenities within those facilities has already
been named, and will be replaced, substantially renovated, or developed for another use, the
replaced or renovated park, designated municipal facility, and amenities within those facilities
may be renamed.
• When a preexisting name is deemed by the Board, Commission, or city manager to be no longer
befitting.
• When in default or the terms of the Naming Agreement have been violated or not fulfilled.
• When a park, designated municipal facility, and amenities with those facilities is proposed for
renaming, a reasonable effort will be made to notify in advance the current individual named (or
immediate family members), group, or community organization of the renaming.
Page 3 of 5
Policy No. 48
Existing names may not be changed without consideration of;
• Community input.
• The historical significance of the existing name.
• The impact on the individual or organization previously named.
• The cost and overall effect of changing existing signs, rebuilding community recognition and
updating records (e.g. letterhead, databases, and promotional materials).
• The Terms and Conditions of the Naming Agreement.
Names will not be chosen that;
• Cause confusion due to duplication or names sounding similar to existing locations within the
city.
• Are the names of companies whose business is substantially derived from the sale of alcohol,
tobacco, firearms, pornography, and sexually explicit goods or services.
• Are discriminatory or derogatory considering race, gender, creed, religious or political affiliation,
or other similar factors.
• Recognize the birth, marriage or anniversary of specific individuals.
Naming Rights and Memorial or Honorific Naming Agreement;
The terms of naming rights and memorial or honorific naming of parks, designated municipal facilities,
and amenities within those facilities shall be individually negotiated and agreed upon by all parties. The
agreement is a legal contract between the applicant and the city, and shall contain:
• A description of the contractual relationship, specifying the exact nature of the agreement.
• The term of the agreement (specified commencement and termination period). Naming rights
and memorial or honorific naming of parks, designated municipal facilities, and amenities within
those facilities shall never be granted in perpetuity.
• Renewal options, if any.
• For Naming Rights proposals, market value assessment, including cash, in-kind goods and
services (and method of evaluating in-kind contributions).
• Payment schedule.
• Description of rights and benefits.
• Release, indemnification, non-compliance and early termination clauses.
• Insurance clauses.
Each naming or renaming rights and memorial or honorific naming or renaming proposal will be
considered on a case-by-case basis, and final approval is at the sole discretion of the City Council.
No vested rights shall be conferred or received by any individual or entity as a result of this policy or any
action taken under this policy.
The City of Carlsbad reserves the right to reject or revoke naming rights and memorial or honorific
naming proposals submitted by individuals, groups, community organizations, companies, corporations
and foundations whose views or public statements do not promote and support the mission, vision and
values, or best interests of the city.
Page 4 of 5
-2-3
Policy No. 48
Procedure:
• Applicant(s) shall submit a written proposal for naming rights or memorial or honorific naming
to the corresponding department complete with justification to aid in considering the proposal.
It is incumbent upon the applicant to clearly document and illustrate how the proposed name
satisfies the criteria as defined in this policy.
• For memorial or honorific naming, the proposal shall include supporting background
information and/or biographical information (newspaper articles, photos, proclamations,
awards, and certificates) demonstrating that the proposed name is of significance to the
community, and be accompanied by at least three, and no more than five, letters of support.
• Staff shall thoroughly review the proposal, and then forward it to the department director and
City Manager for a recommendation.
• Only if the department director and City Manager determines that all applicable criteria as
required by this policy has been satisfactorily demonstrated and achieved, shall the proposed
name be placed on the Board and/or Commission agenda (if required) for further consideration.
Incomplete or ineligible proposals will be returned to the applicant.
• Sufficient time shall be allowed for review by the Board and/or Commission and subcommittee
if required, and to publicize and receive input from the community at the Board and/or
Commission meeting. The Board and/or Commission's recommendation will be forwarded to
the City Council for their final determination of the official name.
City sponsored or city-recognized support group fundraising guidelines;
In the case of city sponsored or city-recognized support groups fundraising on behalf of the City (i.e.
Rotary Club, Friends of the Library and/or Friends of Carrillo Ranch), it is necessary to establish naming
opportunities and gift levels prior to soliciting gifts and offering naming rights to prospective donors.
No final commitment to name a park, designated municipal facility or amenity within those facilities
shall be made to a potential donor without the appropriate prior approvals as outlined within this policy.
The support groups will first establish recommended naming opportunities and gift levels. The
recommended naming opportunities and gift levels will then be submitted to the corresponding
department director for review, and then submitted to the corresponding Board and/or Commission.
The Board and/or Commission's recommendation on the naming opportunities and gift levels will then
be forwarded to the City Council for final approval via the agenda bill process prior to the support group
soliciting donations.
Appeals Process:
• Within 30 calendar days ofthe denial of a Naming Rights Application by a department
director/City Manager, an applicant(s) may only submit a written request for reconsideration if
the applicant can demonstrate that criteria and documentation were not properly assessed at
the time ofthe initial department director's review.
• The decision of the department director/City Manager may be appealed to the City Council. The
decision ofthe City Council is final. It is the city's policy to not consider requests for
reconsideration based solely on questions pertaining to the evaluation.
Page 5 of 5
Revisions to Council Policy 48March 27, 2012Mick Calarco, Recreation Services Manager
•Provides a clear and consistent evaluation framework and approval process for the City Council•Designated facilities eligible for naming to be identified•Naming rights and memorial or honorific naming opportunities
•Criteria for Naming rights and memorial or honorific naming defined•One year waiting period for memorial naming•Naming agreement created•Appeals process outlined
•Recommended Action: –Adopt the Resolution amending Council Policy 48 to incorporate the Parks & Recreation Commission’s recommended changes to the naming rights of parks and municipal facilities