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HomeMy WebLinkAbout2020-11-16; Parks & Recreation Commission; ; 1120-1 NAMING OF THE PARK AT THE BUENA VISTA RESERVOIR SITE Meeting Date: Nov. 16, 2020 To: Parks & Recreation Commission From: Kyle Lancaster, Parks & Recreation Director Staff Contact: Kyle Lancaster, Parks & Recreation Director Subject: Naming of the Park at the Buena Vista Reservoir Site Recommended Action Advise staff as to which of the following three options it recommends for City Council action: 1) Adopt a resolution naming the park to be constructed on the south side of Buena Vista Way, between Highland Drive and James Drive, the “Buena Vista Reservoir Park,” or 2) Direct staff to solicit written proposals for naming the park and return to the City Council for further consideration, or 3) Provide other direction as appropriate. Executive Summary The City Council received a staff report providing a park planning update on the Buena Vista Reservoir site on Oct. 30, 2018 (Exhibit 1). Following direction from the City Council in response to that report, staff has continued to support Lennar Homes’ pursuit of this park project, consistent with the terms of the related settlement and community benefit agreements. Construction of the park by Lennar Homes’ contractor has begun and the park is expected to be operational in the second quarter of 2021. Before finalizing the design of the park’s entry and regulatory signage, a park name must be selected. This report on naming the park is before the City Council in keeping with City Council Policy No. 48 - Naming Rights of Parks, Municipal Facilities and Amenities Within Those Facilities (Exhibit 2). Discussion Background The City of Carlsbad entered into agreements with North County Advocates, Lennar Homes, Preserve Calavera, Friends of Aviara and Friends of the Buena Vista Reservoir on March 14, 2017, that obligate Lennar Homes to construct a 3.1-acre neighborhood park with passive use amenities on the Buena Vista Reservoir site, located on the south side of Buena Vista Way, between Highland Drive and James Drive.1 These agreements require Lennar Homes to enter into a separate construction agreement with the city to provide the park improvements, including all costs associated with the design, public outreach, permitting, plan processing and construction of the site. The agreements further specify that Lennar Homes is to complete construction so that the park is operational no later than 30 months from the date a final subdivision map was recorded, or the date a grading permit was issued for the Poinsettia 61 Project, whichever is earlier. The city 1 The settlement agreements resolved a lawsuit North County Advocates filed against the city in 2015 over the city’s General Plan and Climate Action Plan. Page 6 of 28 issued the grading permit for that project on July 25, 2018, so the agreements require the park to be completed and operational by Jan. 25, 2021. Although construction of the park has begun, Lennar Homes anticipates the park will not be completed and operational until mid-April 2021. The name of the park must be chosen before the design of the park’s entry and regulatory signage can be finalized. Staff is seeking direction on how to proceed, given that it would require several months to solicit and consider written proposals for the name of the park. Policy on naming parks City Council Policy No. 48, Naming Rights of Parks, Municipal Facilities and Amenities Within Those Facilities, last issued in 2012, provides this guidance on naming a new park: Background/Intent • Confirm the practice of naming or renaming parks, designated municipal facilities and amenities within those facilities, after significant geographical, neighborhood, cultural and historical elements. • Promote the practice of naming or renaming parks to include designated municipal facilities and amenities within a park or municipal facility. • Recognize substantial personal and financial contributions that individuals, groups or community organizations have made to the public life and the well-being of the residents of the city. Granting of Naming 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. Page 7 of 28 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 of the site. • Consistent with the mission, vision and values of the city. The policy also identifies additional criteria for memorial or honorific naming, factors to be considered where the naming rights opportunity is the result of a financial contribution and conditions by which certain names will not be chosen. The policy further describes the naming rights and memorial or honorific naming agreement and the procedure for preparation and review of written proposals for naming rights and memorial or honorific naming. Buena Vista Reservoir site The city owns the 3.1-acre property of the Buena Vista Reservoir site, which, as noted above, is located on the south side of Buena Vista Way, between Highland Drive and James Drive. The reservoir was built by the Carlsbad Mutual Water Company before the city’s incorporation. By the time the property was transferred to the city in the late 1950s, the reservoir was no longer functional. In 2014, staff proposed to sell the property to a private entity, which would have likely pursued a housing development. At that time, several residents expressed their vision for the property to be transformed into a small neighborhood park. The construction of the park was subsequently incorporated into the agreements noted above. Although the concrete shell that formed the reservoir will be demolished as part of the park’s construction, an existing water tank at the front of the site will be refurbished to serve as a park entry sign. A water utility pump station at the northeast corner of the site, currently managed by the Carlsbad Municipal Water District, will be protected as part of the construction of the park and will continue to function indefinitely. The City Council will be presented with the following three options on Nov. 17, 2020: 1) Adopt a resolution naming the park the “Buena Vista Reservoir Park,” or 2) Direct staff to solicit written proposals for naming the park and return to City Council for further consideration, or 3) Provide other direction as appropriate. The Parks & Recreation Commission is being asked to advise staff as to which of these three options it recommends for City Council action. Next Steps Staff will inform the City Council of the Parks & Recreation Commission’s recommendation in this regard at the City Council Meeting on Nov. 17, 2020. Exhibits 1. City Council staff report, dated Oct. 30, 2018, without exhibits 2. City Council Policy No. 48, dated March 13, 2012 Page 8 of 28 Meeting Date from: Staff Contact: Subject Oct,ober 301 2018 Scott Chadwick, City Manag.er Kyle Lancaster, Parks Services Manager kyle.lancaster@carfsbadca.gov or 760-434-2941 Park planning update on the Buena Vista Reservoir site Recommended Action EXHIBIT 1 CA Review -J-L Receive a park planning update on the Buena Vista Reservoir site, and direct staff to continue supporting Lennar Homes' pursuit ofth1s park project, consistent with the terms of the Settlement and Community Benefit Agreements. Executive Summai:y On March 14, 2017, Settlement and Community Benefit Agreements (Agreements) were entered into by and between the City of Carlsbad, North County Advocates, Lennar Homes, Preserve Ca.lavera, Friends of Aviara, and Friends of the Buena Vista Reservoir. The Agreements obligate Lennar Homes to construct a 3.1 acre neighborhood park, with passive use amenities, on the Buena Vista Reservoir site -adjacent to the intersection of Buena Vista Way and Adand Road. The Agreements require Lennar Homes to enter into a construction agreement (Construction Agreement) with the City of Carlsbad to provide the park improvements at a maximum cost of $3,028,700, inclusive of all costs associated with the design, public outreach, permitting, pl'an processing1 and construction of the slte. The Agreements further specify that Lennar Homes is to complete construction of the park improvements such that the new park is operational no later than 30 months from the date of recordation of a final subdivisfon map or issuance of a grading permit for the Poinsettia 61 Project, whichever is earlier. The issuance of a grading permit for the Poinsettia 61 Project occurred on July 25, 2018, As such; the park must be operational by January 25, 2021. Using the input received through an extensive public involvement process on the Buena Vista Reservoir site, a final conceptual design of the park was prepared and presented to the public on September 201 2018, That design has received overwhelmingly favorabte comments. Lennar Homes' intent is to next: pursue ,:1pproval' of a Conditional Use Permit for this park. Should the Conditional Use Perm1t be approved, Lennar Homes will then initiate the preparation of plans and specifications for construction of the park. Unlike the city's typical development of a park, the Buena Vista Reservoir site is to be constructed by Lennar Homes' employees and agents. Although Lennar Homes will be required to adhere to the city's standard bidding and contracti�g practices, the City Council will not be required to approve the plans and specifications of this project, nor to authorize this project for the advertisement of public bids. October 30, 2018 Item #6 Page 1 of 28 Page 9 of 28 Discussion Background On March 14, 2017, Agreements were entered into by and between the City of Carlsbad, North County Advocates, Lennar Homes, Preserve Calavern, Fdends of Aviara, and Friends of the Buena Vista Reservoir. The purpose of the Agreements was to: 1) settle the lawsuit challenging the city1s certification of the General Plan Environmental Impact Report and approval of the General Plan Update and Climate Action Plan1 2) develop the 3.1 acre Buena Vista Reservoir site as. a new public park, and 3) achieve support for Lennar Homes' proposal to develop a, 123 unit, single family, detached unit condominiun1 project (Poinsettia 61) on land located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane. The Agreements obligate Lennar Homes to, construct a 3. 1 acre neighborhood park, with passive use amenities1 on the Buena Vis:ta Reservoir site. The Agreements require Lennar Homes to enter into a Construction Agreement with the city to provide the park improvements at a maximum cost of $3,028, 700., inclusive of all costs associated with the design, public outreach, permitting1 plan processing1 a11d construction. The Agreements further specify that Lennar Homes is to complete construction of the park improvements such that the new park is operational no later than 30 months frorn the date of recordation of a final subdivision map or issuance of a, grading permit for the Poinsettia 61 Project, whichever is earlier. The issuance of a grading permit for the Poinsettia 61 Project occurred on July 25, 2018. Excerpts of the pertinent sections of the Agreements are provided below: 4.9. . .. Lennar shall enter into an agreement with the City to construct certain park improvements on the Buena Vista Reservoir site ("Park Construction Agreement'J in accordance with the design, standards and specifications approved by the City, ... at a maximum cost of $3,028,700, which is inclusive of all costs ... of the park facilities,, along with a construction managementfee,for the benef(t of Lennar, in on amount not to exceed 8% of actual total projects costs, as to be more specificaf/y set forth in the Park Construction Agreemetlt,, Upon completion of such improvements, the City .shall accept the park and its ongoing maintenance .... 4.10 The Pork Construction Agreement shall provide for construction of a new Neighborhood Park at the Buena Vista Reservoir, which will include passive use amenlties such as, but not limited to, chifdre111s playground structures, picnic tables, shaded structures, interpretive s;gnage, dry creek stream beds, mounded turf, drought tolerant landsr;;aping and low level security fighting, and will not include active use elements, such as but not limited to, athletic fields, athletic field lighting, restroom buildings; parking lots, skate parks, dog parks, tennis courts or other sports courts .... 4.11 The Park Construction Agreement shall include a detailed budget and schedule that addresses the public outreach and notification process, concept design, permitting, plan processing, construction, and delivery and acceptance of a completed park by the City. 5.3. Lennar shall plan, obtain all necessary approvals and construct the park improvements on the Buena Vista Reservoir site in accordance with the design, standards and sp.ec1ficatlons approved by the City. Lennar shall complete construction of the pork improvements such that October 30, 2018 Item #6 Page 2 of 28 Page 10 of 28 the new park is operational no later than 30 months from the date of recordation of a final subdivision map or issuance of a grading permit for the Poinsettia 61 Project, whichever is earlier. It is the expectation that a park that includes the passive use amenities as enumerated in Section 4.10 is achievable within the maximum cost to Lennar of $3,028,700, consistent with the terms of Section 4.9 .... On July 31, 2018, the above referenced Construction Agreement (Exhibit 1) was entered into by and between Lennar Homes and the City of Carlsbad. Public Involvement As part of the coordination related to the Community Benefit Agreement, some stakeholders were involved in early discussions about the proposed park and its prospective amenities. At that time, the city had not yet received input from all those members of the public potentially interested in, and affected by, this project. Staff therefore created a public involvement plan, with a timeline (Exhibit 2), intended to seek input from all stakeholders on the park's design. The project ideation phase occurred from April through July 2018. The city invited input from the public on the vision for the new park, specifically related to values, priorities and concerns. That input was sought via the following methods: •Project fact sheet •Letters and fact sheet distributed to 106 residents and home owners in project area •Postcard mailer to 1,120 residents and home owners in project area •Postcards placed in libraries and other city buildings •Banners on the gate of the reservoir and at Buena Vista Elementary soccer field fence •Posts to city social media and website •Posts to Buena Vista Elementary social media and website •Text alerts to Buena Vista stakeholder list •Email notifications •Community workshop and survey invite in Buena Vista Elementary weekly newsletter •Article in citywide newsletter distributed to nearly 8,000 •Media coverage •Community workshop: June 7, 2018 (48 attendees); presented three conceptual designs •Animated video of three conceptual designs •Online survey (115 participants) Using the public input received through the above methods, the project team prepared a final conceptual design of the park from August through October 2018. The final conceptual design was presented at a community meeting on September 20, 2018, for further input. That input was sought via the following methods: •Postcard mailer to 1,119 residents and home owners in project area •Postcards in libraries and other city buildings •. Posts to city social media and website •Posts to Buena Vista Elementary social media and web site October 30, 2018 Item #6 Page 3 of 28 Page 11 of 28 •Article in Buena Vista Elementary weekly newsletter •Banners on the gate of the reservoir and at Buena Vista Elementary soccer field fence •Text alerts to Buena Vista stakeholder list •Email notifications •Article in citywide newsletter distributed to nearly 8,000 •Media coverage •Community meeting: Sept. 20, 2018 (48 attendees); recorded over 40 comments •Carlsbad Parks & Recreation Commission meeting: Oct. 15, 2018 The comments received from the public on the final conceptual design (Exhibit 3) were overwhelmingly favorable. Many comments were received in support of the overall layout and the amenities of the park. There were a few comments received suggesting that a restroom or additional onsite parking be reconsidered. Both the Community Benefit Agreement and the Construction Agreement, however, specifically indicate neither a restroom nor a parking lot will be a part of this park project. There were also comments received requesting that adjacent view planes be taken into account when planting trees within the park, and that the park's bioswale be slightly extended to the east for additional environmental interpretive opportunities. Those requests are supported by the project tea·m, and can be accommodated in this park project. Final Conceptual Design Narrative The design firm that prepared the final conceptual design for the park also prepared the corresponding narrative that follows. Drawing inspiration from the rippling and sinuous movements of water once found in the reservoir; the parks composition and circulation reflect a flowing and organic configuration. Visitors are greeted by an interpretive garden at the park's two entries. The northeast entry includes the existing water tank and associated infrastructure. The tank will be repurposed as an entry feature to honor the operational history of the site. A loop trail frames the perimeter of the park and the proposed outdoor spaces. Centered through the park is a large rolling turf area. A children's play area and adjacent picnic pavilion is located in the northeast corner of the park and offers a variety of play opportunities for children. The adjacent picnic pavilion provides a gathering space for small groups. The southern portion of the park is anchored by Buena Vista Point; a large mound and picnic area perched to capture the dramatic views to the Pacific Ocean. A dry creek bed and water quality basin frame the western edge of the park, responding to the natural topography and low point on the site. Flowing and flowering landscape areas line the loop trail throughout the park. A secondary trail through an interpretive garden in the northwest corner provides an immersive experience for park users and plant lovers. Seating opportunities are provided along the secondary trail to sit and enjoy the garden space. Landscape areas and mounding frame the perimeter of the park to buffer the surrounding neighbors from park activities. Parallel parking is proposed on Buena Vista Way accommodating approximately 11 parking spaces. October 30, 2018 Item #6 Page 4 of 28 Page 12 of 28 Fiscal Analysi� There fs no direct fiscal imp a.ct associated with rece.iving this informational update. City staff costs associated with the park planning, public involvernent1 and construction m.anagement of the Buena Vista Reservoir site are being absorbed within the respective departments' existing operating budgets. Anticip.ated costs for the maintenance and operations of the park wi II be included in the Parks & Recreation Department's FY 2020-21 operating budget subm1ttal. Next Steps Lennar Homes' intent is.to next pursue approval of a Conditional Use Permit for this public park. The associated application, review and public hearing process is anticipated to require several n1onths to complete. Should the Conditional Use Permit be approved, Lennar Homes will then initiate the preparation of plans and specifications for construction ,of the park. Unlike the city's typical development of a park., the Buena Vista Reservoir site is to be constructed by Lennar Hornes' employees and agents, Although Lennar Homes will be required to adhere to the city1s standard bidding and contracting practices, the City Council will not be tequired to approve the plans and specifications of this project, nor to authorize this project for the advertisement of public bids, Lennar Homes is to complete construction of the park improvements such that the new park is operational no later than 30months from the date of recordation ofa final subdivision map or issuance of a grading permit for the Poinsettia 61 Project, whichever is earlier. Based on the referenced issuance of a grading permit for the Poinsettia 61 Project, the constructlon of the park iniprovernents is to be completed by January 25, 2021. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, receiving this tnformational update does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical cha.nge in the environment, or a reasonably foreseeable indirect change in the environment, and therefore does not require environmental review. Public Notification Thls item was noticed in accorda,nce with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1.Agreement for construction of a public park at the Buena Vista Reservoir site 2.Public involvement time line for a public park at the Buena Vista Reservoir site 3.Final conceptual design of a public park at the Buena Vista Reservoir site October 30, 2018 Item #6 Page 5 of 28 Page 13 of 28 L --,1� � ''",d'' ( �'lgl� C I T Y O F ��,y CARLSBAD Policy No. Date Issued: 48 March 13, 2012 March 13, 2012 Effective Date: Resolution No. Cancellation Date: Supersedes No. 48 issued 1/16/07 Council Policy Statement 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 of the 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 of the residents of the 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 fund raising 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 EXHIBIT 2 Page 14 of 28 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 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 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 Page 15 of 28 •Had a longstanding and beneficial affiliation with the city, and;•Maintained a continuous residence in the city. Policy No. 48 •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. If the 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 of the 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 of the 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 Page 16 of 28 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. Policy Ne:,. 48 •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 Page 17 of 28 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 fund raising 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 of the 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 of the initial department director's review.•The decision of the department director/City Manager may be appealed to the City Council. The decision of the 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 Page 18 of 28