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CC Resolution No. 23-024 establishing the Commemorative Bench Dedication Policy RESOLUTION NO. 23-024 A RESOLUTION OF THE CUPERTINO CITY COUNCIL ESTABLISHING A COMMEMORATIVE BENCH DEDICATION POLICY WHEREAS, the City of Cupertino wishes to establish a uniform policy and set of procedures for the acceptance of capital gifts to the City, including memorials and recognition items; and WHEREAS, the proposed policy provides a formal process for acceptance and documentation of memorial bench donation; and WHEREAS, the City of Cupertino wishes to ensure that the placement of bench memorials and plaques are suitable for the location proposed and that the memorial benches are appropriate for the City and can be maintained properly. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopts and approves the recommended Commemorative Bench Dedication Policy as set forth in Attachment B. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of February 2023, by the following vote: Members of the City Council AYES: Chao, Fruen, Moore NOES: Wei, Mohan ABSENT: None ABSTAIN: None SIGNED: ________ Hung Wei, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 2/24/2023 2/28/23 EXIHIBIT A Appropriation Amendment by Fund Appropriation Amendment Revenue Amendment Fund Balance (Use of) Capital Projects Fund $96,658 $0 ($96,658) Total Appropriation Amendment $96,658 $0 ($96,658) ATTACHMENT B COMMEMORATIVE BENCH DEDICATION POLICY I. PURPOSE This policy establishes Cupertino’s guidelines for individuals to commemorate or recognize a person with the purchase and placement of a bench approved by the City of Cupertino. This policy will serve as a guide for placement of commemorative benches in parks or public areas within the City. With respect to commemorative benches, this policy takes precedence over Resolution No. 17-102 “Donation Policy”; and Resolution No. 17-103 “Naming of City Facilities” since these policies do not include specific guidelines to address these amenities. II. GOVERNING RULES AND REGULATIONS 1. The Department of Public Works will accept donations for benches that commemorate or recognize a person provided that all provisions of the policy are met. 2. The Director of Public Works shall establish a procedure for applying for placement of a commemorative bench and has the authority to approve or deny any bench donation. 3. 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. No organizations or groups will be considered. 4. Only one bench shall be dedicated to any single person or family, unless there is a compelling reason for additional dedications as shall be determined by the Director of Public Works. ATTACHMENT B III. BENCHES 1. The City will purchase a standard bench and plaque to maintain consistency through the park system and to ensure quality. 2. Following installation, all benches will be recorded in the City’s Computerized Maintenance Management System (CMMS) software. This will serve to track the installation date and maintenance history for the bench. IV. LOCATION OF BENCHES 1. Memorial benches will be positioned to maximize their benefit to an area. The number of benches will be limited within a park so as to not interfere with normal park use or maintenance operations and shall not detract from the prime recreational purpose of an area. 3. The applicant will coordinate with city staff to determine the appropriate location of the bench. The City reserves the right to limit or prescribe bench locations as determined by the Director of Public Works. 4. The City reserves the right to remove any benches that have been damaged, and which are, in the view of City staff, beyond repair. 5. The City accepts no liability for damages to any bench from vandals or third parties. V. PLAQUE 1. The plaque may be inscribed with a short commemorative statement recognizing or memorializing the individual or family selected by the donor (e.g., “In Memory of . . .”; “In Loving Memory of . . ."; “Dedicated to . . .”) and may include the date of dedication. VI. TERM OF DEDICATION 1. The memorial bench dedication will have a term of 10 years with one ten- year renewal option. Should the original applicant decline to rededicate an existing bench or fail to notify the Department of Public Works of an intent to rededicate an existing bench within 60 days of the expiration date of the original 10-year term, the applicant will be contacted to pick up the commemorative plaque from the City. The retired bench will not be available to the applicant and will be reused or recycled. It is the responsibility of the applicant or their designated representative to retrieve the removed plaque within 60 days after the end of the agreement. 2. The maximum term for any single memorial bench is 20 years, after which ATTACHMENT B time the bench will be removed, and the location shall be available for re-use. 3. During the 10-year term, or 20-year term with additional re-dedication, the Department of Public Works will provide regular maintenance of the bench. VII. FEE 1. The fee for the installation and maintenance of a memorial bench shall be $5,000 for a term of ten years. The fee includes the cost of the concrete bench footing or concrete pad, procurement and installation of the bench and plaque, and 10-year sponsorship of the donated bench and plaque. An additional ten-year term can be acquired for a renewal fee of $2,500 at the expiration of the first ten-year agreement. 2. Costs will adjust every five years to align with the Consumer Price Index (CPI) as determined by the Director of Public Works. VIII. APPROVAL PROCESS 1. The applicant must submit an application to the City’s Public Works Department. 2. The applicant and City staff shall meet at the site to determine the appropriate location of the bench. 3. The Director of Public Works will review and approve or deny the proposed bench location and plaque. 4. The City staff will order the bench and plaque and perform the installation. ATTACHMENT B 2 The City of Cupertino acknowledges and thanks individuals and institutions who wish to donate a bench. This Application Form is intended to memorialize the understanding between the city and the Donor. Name: E-Mail: Mailing Address: Home Phone: Mobile Phone: ______________________________ Fax: Requested Location: ___________________________________________________ Memorial Bench Plaque Inscription Request: __________________________________________________ __________________________________________________ __________________________________________________ In addition to the foregoing, the Donor understands and agrees that: a. Once signed, this application serves as an understanding of the Commemorative Bench Dedication Policy and receipt of payment. Signature: Date: Name (Print): ________________________________________ FOR CITY USE ONLY Approved/Declined by (Name/Title, Council) on (Date).