CC 02-21-23 Item #06 Commemorative Bench Dedication Policy_Responses to Councilmember Questions1
2/21/2023 City Council Meeting #6 Commemorative Bench Dedication Policy
Staff’s responses to questions received from councilmember are shown in italics.
Q1: What if the City needs to remove or relocate a bench with a memorial plaque due to any
park improvement? Would the City have the right to move the bench and the plaque without
the permission of the donor? (Chao)
Staff response: Yes, the City would be able to move the bench. The plaque donor is not receiving
a fee interest in the park or the land. With that stated, the City would do its best to coordinate
with the donor to situate the bench in a location that is acceptable to both parties.
Q2: The proposed policy states: "The maximum term for any single memorial bench is 20 years,
after which time the bench will be removed, and the location shall be available for re-use."
=> The "bench" will be removed after 20 years, even if it is still in good condition? Or do you
mean the "plaque" will be removed? (Chao)
Staff response: The bench and plaque will be removed after 20 years.
Q3: The proposed policy states: "The City will only accept bench donations that commemorate,
memorialize, or recognize an individual or family by name ... No organizations or groups will be
considered."
=> Why do we not consider a plaque to commemorate the contribution of an organization, for
example? Is there any legal consideration? (Chao)
Staff response: The plaques are used to allow family members to commemorate or memorialize
individual relatives. Any donations for organizations or groups will be considered under the City
Donation Policy.
Q4: The proposed policy states: "The City will only accept bench donations that commemorate,
memorialize, or recognize an individual or family by name who has a direct connection to the
City of Cupertino."
=> What kind of "direct connection"? Would a person who moved into Cupertino for one
month have a "direct connection"? Any other city has a more descriptive requirement on the
qualification to get a memorial plaque? (Chao)
Staff response: The statement of “direct connection” was inserted to discourage an individual
from commemorating individuals who are not associated with Cupertino. As an extreme
example, we do not want to entertain requests for someone commemorating Vladimir Putin, or
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other individuals who are part of a larger stage. This policy is focused on Cupertino and its
residents.
Perhaps, the application form should include a space on the reason for a memorial plaque and
the reason for choosing a location? (like the forms I saw in some of the cities I reviewed.)
I see that the two earlier bench donations in 2015 and 2016 came with a story about the person
to be memoralized and why the particular location chosen is meaningful to the person. This
makes more sense to allow a public space to be utilized to remember someone.
The 2002 request for a bench plaque to be placed on an existing bench, on the other hand, had
no description at all about the person being memoralized at all.
Staff response: Applications will be reviewed on a case by case basis.
Q5: Whether the City has any other objective standards on where benches could be placed in a
park? (Chao)
Staff response: Staff will work on placing benches where they will provide a positive experience
for park patrons and where they will not impact with ongoing park operations.
Q6: Could the staff propose a reasonable policy to select permissible bench locations to allow
public review process, since these benches will occupy public spaces? (Chao)
Staff response: I think in most cases, the placement of benches will not be of concern. Should a
new bench location have concerns to the public, or be contentious for any reason, staff would
consider bringing the application to Parks and Rec commission for input.
Q7: What precedent does the City have for giving away city property to an individual? Is it good
policy to give away city property when staff made an error? Who authorized staff to redo the
donation policy when staff is allegedly very busy such that they cannot do the Work Plan and
CIP items? Is this good strategic focus? (Moore)
Staff response: Prior to this proposed formal bench policy being prepared, requests for memorial
plaques were reviewed on an individual basis and were brought to City Council for
consideration. We did this with Ms. Francesco’s request in May 2022. At that time, City Council
directed staff to prepare a formal bench policy. The bench policy being provided for Council
consideration is in response to that direction.
In the case of Ms. Francesco, at that time she had requested to have a plaque installed on an
existing City Bench, and staff brought this request to Council for approval in May of 2022.
Council made no determination on the request, but directed staff to prepare a bench policy and
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to return with Ms. Francesco’s request for reconsideration. The item we are bringing to Council
this Tuesday, continues Ms. Francesco’s previous request to have the plaque installed on an
existing bench. Council has the option of rejecting this request and requiring Ms. Francesco to
follow the updated policy, or they may grant the waiver an allow the installation of a plaque on
an existing bench.
Q8: What is the relevance of Exhibit A? (Mohan)
Staff response: This allows for a formal resolution and acceptance of the City Council of the
Bench Policy, as opposed to a less formal guideline document. Should any major changes be
proposed for the policy, this would result in staff returning to City Council for approval of those
modifications.