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Council adopts updated bench 'adopt‑an‑asset' policy with custom‑message review
Summary
The council adopted a revised adopt‑an‑asset policy guiding bench donations and plaques, allowing custom plaque messages subject to administrative review to exclude objectively obscene or threatening language; staff catalogued 264 benches and will hold unidentified plaques for reclamation.
The Los Gatos Town Council voted Feb. 3 to adopt a revised "adopt‑an‑asset" policy to regulate commemorative bench donations, plaque wording, and maintenance responsibilities.
Parks and Public Works Director Nicole Bham told the council staff catalogued every town bench and geolocated them in the town’s asset system. "There’s 264 total benches in the town," she said, and staff identified plaques for 136 benches but were unable to trace sponsors for 93 of those plaques.
Staff proposed removing unidentified plaques from benches and holding them at parks and public works so donors can reclaim them; staff said plaques could be reinstalled after verification. The Parks & Sustainability Commission recommended allowing unlimited renewal terms for adopters; staff incorporated that recommendation but did not initially allow unconstrained custom plaque messaging because of resource and legal concerns.
Council members discussed whether plaque language should be limited to a set of preapproved sentiment options or whether applicants could request custom wording. Members and the town attorney noted potential First Amendment issues if the town turns a donation plaque program into a public forum without objective standards. To balance sentiment and legal risk, the council amended the policy: recommended plaque language remains available but applicants may request a custom message; custom text will be reviewed under administrative policies intended to exclude objectively obscene, explicit or threatening messaging. The policy change also replaces the word "shall" with "may" in the plaque‑sentiment guidance to allow administrative flexibility.
The motion to adopt the policy with that textual amendment and the added custom‑message review passed unanimously.
Why it matters
The policy standardizes how the town manages commemorative benches and the expectations for donors, clarifies maintenance responsibilities, and addresses how to handle preexisting plaques with unknown sponsors. Council sought to preserve sentimental personalization while limiting legal exposure and staff burden.
What happens now
Staff will include the fee schedule when implementing the program, create administrative standards for custom message review, and make the bench GIS/story map available so residents can see bench locations and plaque data.
