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11.01.18_Full_Agenda
CITY OF CUPERTINO AGENDA PARKS AND RECREATION COMMISSION 7:00 PM 10350 Torre Avenue, Community Hall Thursday, November 1, 2018 Televised Special Meeting NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO PARKS AND RECREATION COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Parks and Recreation Commission is hereby called for Thursday, November 1, 2018, commencing at 7:00 p.m. at Community Hall, 10350 Torre Ave, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting". SPECIAL MEETING CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Special Meeting of October 4, 2018 Draft Minutes CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the commission from making any decisions with respect to a matter not listed on the agenda Page 1 November 1, 2018Parks and Recreation Commission AGENDA WRITTEN COMMUNICATIONS OLD BUSINESS 2.Subject: Improving Efficiency and Communication of City Commissions Memo A - Rosenberg's Rules of Order B - Rosenberg's Rules of Order at a Glance C - Robert's Rules of Order at a Glance D - Parliamentary Procedure at a Glance - Sturgis E - Parliamentary Procedures in Other Cities F - Code of Ethics and Conduct for Elected and Appointed Officials 3.Subject: Neighborhood Events Update 4.Subject: Citywide Parks and Recreation System Master Plan - Planning Level Estimates and Potential Funding Staff Report A - Planning Level Estimates, Draft, Oct 2018 B - Table 1, Planning Level Costs, Draft, Oct 2018 C - Table 2, Planning Level Costs, Added Rec Elements, Draft, Oct 2018 D - Potential Funding Sources, Draft, Oct. 2018 5.Subject: 2018-2019 Draft Work Plan Work Plan NEW BUSINESS 6.Subject: Organizational Structure STAFF AND COMMISSION REPORTS 7.Subject: Director's Report ADJOURNMENT Page 2 November 1, 2018Parks and Recreation Commission AGENDA In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment. Page 3 CITY OF CUPERTINO PARKS AND RECREATION COMMISSION EOC 10300 Torre Ave, Cupertino, CA Thursday, October 4, 2018 7:00 PM SPECIAL MEETING DRAFT MINUTES CALL TO ORDER Chair Tambe called the meeting to order at 7:00p.m. in the City Hall EOC, at 10300 Torre Ave, Cupertino, CA. PLEDGE OF ALLEGIANCE Commissioners present: Meenakshi Biyani, Neesha Tambe, Carol Stanek, Judy Wilson Commissioners absent: Helene Davis Staff present: Jeff Milkes, Daniel Mestizo, Kevin Khuu APPROVAL OF MINUTES 1. Regular Meeting on September 6, 2018 – Vice Chair Biyani requested these changes: a. Under Old Business, Item 2, correct her comment to say “…suggested the breakdown of the short term plan to 1 to 2 years, to understand through surveys, and inquiry of partners if there’s interest before building the long term facilities.” b. In the paragraph below, to change her comment to “Since the Teen Center is a priority and currently underutilized, suggested a pilot program of moving the Teen Center to Creekside Park and see how well received it could be.” Commissioner Stanek motioned to approve the amended minutes of September 6, 2018. Commissioner Wilson seconded. Motion passed with an oral vote of 4 yes and 1 absent. CEREMONIAL MATTERS AND PRESENTATIONS 2. Teen Center and Teen Programs Presentation Jeff Milkes, Director of Recreation and Community Services, introduced Daniel Mestizo, Recreation Coordinator, to present on the Teen Center & Teen Programs. Daniel presented an overview of the Teen Center and teen programs from 2015 to present and future planned programs and events as well. Chair Tambe suggested having a raffle or alternative method to gather emails from teens to directly reach out to them. Daniel gave a shot out to his current Teen Center staff. POSTPONEMENTS None ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None OLD BUSINESS 3. Jollyman Park Unfenced Dog Off-Leash Area Trial Survey Jeff Milkes presented to the Commission the results of the survey. Deepa Mahendraker, from the Jollyman Dog Group, summarized the benefits of owning a dog and an off leash area for dogs, for individual residents and nearby neighborhoods. Ajit Chamraj, from the Jollyman Dog Group, spoke to the Commission about his own dog and asked for support on the trial. Vidya Damle, from the Jollyman Dog Group, spoke of his own experience with his dog and asked for support on the trial as well. Charles Hanson, from the Jollyman Dog Group, spoke on his experience with the dogs at Jollyman and their owners, presented observations on the benefits of having an off leash area, and supports the trial. Sameer Raheja, Cupertino resident, reinforced the social benefits of having a dog and reaffirmed that the liability would remain with the dog owners. Asked for support on the trial. Ankita Goyal, from the Jollyman Dog Group, recounted her experience of having a dog and the overall benefit of socializing with the neighbors around Jollyman Park and their dogs. Asked the Commission to support the trial. The Commission agreed in favor of the trial and sending it to City Council for approval, but recommended the following: - Having clear and well defined signage and more communication to park users about the trial, affected times and area - Extending the trial period, starting as soon as possible, and running it throughout the summer months - To look at the actual physical area where the trial would occur - Consult the Leadership 95014 presentation of the pop-up dog parks project - Set a self-monitoring standard for keeping the area clean - Focusing on the community building benefit 4. 2018-2019 Draft Work Plan The Commission reviewed the work plan. Staff inquired about the December and January meeting. Dec 13th was decided as the new date for the December meeting. For the January meeting, the Commission agreed to move that date as well, but will revisit the subject in the next meeting. Staff confirmed that the Community Garden’s item in November will be moved out. The Commission asked to put the Case Management Presentation and Senior Advisory Council items to the January meeting and move the strategic plan review to February. NEW BUSINESS None STAFF AND COMMISSION REPORTS 5. Director’s Report Jeff Milkes presented on the following: - Staff is currently working on applying for a grant from the Santa Clara County for the All-Inclusive Playground. - Reviewed the Neighborhood Programs and statistics from this year. - The Strategic Plan is currently being developed from the Draft Citywide Parks and Recreation System Master Plan. - Announced that Recreation Department went live with Active Net last Tuesday. Commissioner Wilson visited Montreal and shared her experience at a street festival, highlighting an art on the street event. Commissioner Stanek attended the Neighborhood Events and will attend the Pooch Plunge. Created her Active Net account and attended the chalk art event in San Jose and a Bark in the Park event. Vice Chair Biyani attended the yoga in the park event and the mayor’s meeting. Reported on the other Commissions’ activities. Chair Tambe traveled and emphasized that parks and services need to be accessible through other means than driving. ADJOURNMENT – Chair Tambe adjourned the meeting at 9:01 p.m. Respectfully submitted, Kevin Khuu, Administrative Assistant Recreation and Community Services Department Minutes approved at the___ regular meeting OFFICE OF THE CITY MANAGER CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org MEMORANDUM TO THE PARKS AND RECREATION COMMISSION November 1, 2018 Subject Findings from staff’s review of the efficiency of commissions and communication with the City Council. Background As part of the 2018-19 Work Program adopted on March 6, 2018, Council requested that staff explore the consolidation of certain commissions. However, at the study session held on July 31, 2018, Council directed staff to review the structure of all Cupertino commissions to explore options for improving efficiency and communication with Council overall. The Cupertino City Council has created a total of ten commissions. There are typically five members of the public appointed by Council to serve on each commission. The primary role of commissions is to assist the Council in the formation of policy by gathering information, weighing public input, and examining issues in depth to render a recommendation to the Council. This can include hearing public testimony on the Council’s behalf, building community consensus for proposals or projects as directed by Council, reviewing written material, studying critical issues, guiding the implementation of new programs or regulating established programs, assessing alternatives regarding issues of community concern, and ultimately forwarding recommendations to the Council for consideration. Commissions serve at the will of the Council, therefore, commissions can be created or disbanded and commissioners can be dismissed by a majority vote of the Council. The following table summarizes the City’s commissions with brief descriptions of the community priority areas they are responsible for. Commission Description Meeting Frequency Est. Duration Bicycle Pedestrian Commission Advises Council on transportation matters within Cupertino including bicycle and pedestrian traffic, parking, education, and recreation. Practice: Monthly Mandate: At least every other month 2 hrs Fine Arts Commission Fosters, encourages, and assists in the realization, preservation, and advancement of fine arts for the benefit of the citizens of Cupertino. Every other month 2+ hrs Commission Description Meeting Frequency Est. Duration Housing Commission Assists in recommending housing policies and strategies, monitoring affordable housing projects, and identifying sources of funding for affordable housing. Practice: Monthly Mandate: At least quarterly 1-1.5 hrs Library Commission Advises Council regarding library service in the community and serves as liaison between the City and the Santa Clara County Library JPA. Practice: Monthly Mandate: At least every other month 2.5 hrs Parks & Recreation Commission Advises Council on parks and recreation related activities, including park site acquisition and development, community activities, and recreation policies. Monthly 2.5 hrs Planning Commission Advises Council on land use matters such as specific and general plans, zonings and subdivisions. Reviews other matters as specified by City ordinances or Title VII of the Government Code of California. Twice a month 1-4 hrs Public Safety Commission Advises Council on areas relating to public safety, traffic, police, fire and other areas where public safety may be of concern. Practice: Monthly Mandate: At least every other month 2.5 hrs Sustainability Commission Advises Council on major policy and programmatic areas related to the environmental goals in Cupertino’s Climate Action Plan and General Plan’s Environmental Resources/Sustainability Element. Practice: Monthly Mandate: At least quarterly 2 hrs Teen Commission Advises Council and staff on issues and projects important to youth in the Cupertino community. Twice a month (Sept-May) Monthly (Jun-Aug) 2.5 hrs Technology, Information, & Communications Commission Advises Council on all matters relating to telecommunications in Cupertino and provides support for community access television. Practice: Monthly Mandate: At least quarterly 2 hrs Discussion To explore improving efficiency and communication, staff reviewed the City’s current commission structure and conducted a survey of 16 local cities to determine best practices. Communications with Council Council Liaisons Currently, each commission is assigned a staff liaison whose role is to provide administrative support and information that will assist commissioners throughout the decision-making process. In addition to staff liaisons, some cities also have Council liaisons that are assigned to commissions to help facilitate the exchange of information between a Council and its commissions. While Cupertino does not have council liaisons for commissions, almost half of the local cities surveyed do assign councilmembers to commissions. Of these cities, Milpitas, Palo Alto, and Sunnyvale do not assign Council liaisons for quasi-judicial commissions, such as the Planning Commission. Cities with Council liaisons have found that this structure can provide an opportunity for commissioners to connect with a member of the Council and receive guidance regarding Council processes. Council liaisons can also report back to the entire Council regarding commission updates and monitor commission performance when necessary. However, some cities indicated that the Council liaison role is not well-defined and may be duplicative of the staff liaison. It is also important to consider that Council liaisons could be pressured to speak on sensitive issues or have undue influence due to their councilmember status. As a best practice, there are parameters placed on Council liaisons. For example, Council liaisons may attend their assigned commission meeting but do not participate as a member of the commission. Also, they are not to speak on behalf of the Council on matters that were not previously discussed with the Council as a whole. COUNCIL LIAISONS IN OTHER CITIES Council liaisons are assigned to Commissions Council liaisons are NOT assigned to Commissions LOS ALTOS LOS ALTOS HILLS MILPITAS (except quasi-judicial) PALO ALTO (except quasi-judicial) SAN JOSE SAN MATEO SUNNYVALE (except quasi-judicial) CAMPBELL GILROY LOS GATOS MENLO PARK MORGAN HILL MOUNTAIN VIEW REDWOOD CITY SANTA CLARA SARATOGA Work Programs Work programs provide an opportunity for commissioners to identify the different priorities and projects that each commission will be working on during the year. Currently, Cupertino commissions are not required to have their work programs approved by Council. The survey of local cities found that most commission work programs are formally approved by Council. The City of Los Altos goes a step further and has commission work programs reviewed at a joint meeting between the commission and the full Council. Requiring that work programs be approved by Council ensures that commissions are working to further Council priorities and may improve Council’s engagement by focusing annual reviews on each commission’s deliverables. This process would result in each of the work programs coming to Council as additional items, but allow an opportunity for Council to provide more guidance and direction to commissions. COMMISSION WORK PROGRAMS IN OTHER CITIES No formal work program required Work programs are formally approved by Council Work program reviewed at joint meeting with Council CAMPBELL LOS ALTOS HILLS PALO ALTO SAN MATEO SANTA CLARA GILROY LOS GATOS MENLO PARK MORGAN HILL MOUNTAIN VIEW REDWOOD CITY SARATOGA SAN JOSE SUNNYVALE MILPITAS (in the process of formalizing this requirement) LOS ALTOS Mayors Meetings Cupertino is unique when it comes to the monthly Mayor’s meeting, in which representatives from each commissions meet with the Mayor to discuss updates. No other cities hold a monthly Mayor’s meeting with commissioners. Instead, commissioners in other cities provide updates to Council by other means. For example, Menlo Park requires commissions to provide a quarterly report to Council. Mountain View has an annual meeting for commission updates which includes the chair of each commission. Sunnyvale has an annual meeting with the Mayor, Vice-Mayor, and all commission chairs and vice-chairs to confirm that they are following policies regarding organization and structure. The City of Santa Clara has a joint meeting with their full Council and a different board or commission each month to provide updates and information on upcoming events. While not included in our survey of 16 local cities, Walnut Creek holds a meeting similar to Cupertino’s Mayor’s meeting. It is a quarterly informational meeting in which the Mayor, Mayor Pro Tem, and all commission chairs and vice-chairs give updates to one another. Minutes are taken by the City Clerk or Deputy City Clerk and after they are approved, the minutes are included as a report out to the rest of the Council. Walnut Creek staff have found this quarterly meeting to be beneficial as it is well attended, allows commissioners to hear what others are working on, and provides an opportunity for commissioners to voice their concerns to the Mayor. In-line with Walnut Creek, it may beneficial to have minutes taken at Cupertino’s Mayor’s meetings that are then provided to the full Council. This would add another level of engagement between commissions and Council. To accomplish this, either an attendee of the meeting would take minutes or staff time would be required to capture the meeting minutes. Efficiency and Consistency Protocol Staff reviewed each commission’s current meeting protocols and procedures to identify any areas that could be improved. Currently, commissions may adopt rules and procedures, with Council approval, to help them accomplish their duties. If no such rules or procedures are adopted, Robert’s Rules of Order may be followed but are not required. To date, no commissions have adopted formalized procedures. In practice, while some commissions follow Robert’s Rules of Order, most commission meetings do not follow a formal parliamentary procedure. To facilitate productive meetings, Council should consider formally adopting a parliamentary protocol for commissions to follow. This standardization would not only help clarify the structure of meetings but also assist in streamlining training for commissioners and staff liaisons. A few examples of parliamentary procedures are Rosenberg’s Rules of Order (Attachment A & B), Robert’s Rules of Order (Attachment C), and the Sturgis Parliamentary Procedure (Attachment D). The City Clerk’s Office recommends Rosenberg’s Rules of Order as they are user- friendly and more easily understood than other procedures. Most of the local cities surveyed use Robert’s Rules of Order. However, the City Clerk conducted a wider-reaching survey of California cities in which most cities used Rosenberg’s Rules of Order (Attachment E). In addition, it is standard practice for all commissions to have minutes taken for their meetings. Currently, the City’s commissions take either action minutes or summary minutes. Most other cities surveyed take action minutes, but some have a mixture of both summary and action minutes in their commissions. Cupertino’s Planning Commission and Parks and Recreation Commission are also video recorded. All other cities surveyed also video record their Planning Commission meetings but typically do not video record other commissions. About half of the cities surveyed audio record their other commissions, only three of which post them online. COMMISSION MEETING RECORDS IN OTHER CITIES City Type of Commission Minutes Commissions Recorded CAMPBELL Action and summary Planning Commission is video recorded and posted online. None of the other commissions are audio recorded. COMMISSION MEETING RECORDS IN OTHER CITIES City Type of Commission Minutes Commissions Recorded GILROY Action w/ brief summary Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). LOS ALTOS Action Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). LOS ALTOS HILLS Action and summary Planning Commission is video recorded and posted online. None of the other commissions are audio recorded. LOS GATOS Action Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). MENLO PARK Action w/ summary minutes for Planning Commission Planning Commission and Complete Streets Commission (Special meetings) are video recorded and posted online. None of the other commissions are audio recorded. MILPITAS Action w/ summary minutes for Planning Commission Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). MORGAN HILL Action All commission meetings are video recorded and posted online. MOUNTAIN VIEW Action Planning Commission is video recorded and posted online. All other commissions are audio recorded and posted online. PALO ALTO Summary w/ verbatim minutes for Planning & Transportation Commission All commissions are video recorded and posted online. REDWOOD CITY Action w/ summary minutes for Planning Commission Planning Commission is video recorded and posted online. None of the other commissions are audio recorded. COMMISSION MEETING RECORDS IN OTHER CITIES City Type of Commission Minutes Commissions Recorded SAN JOSE Action Planning Commission is video recorded and posted online. All other commissions are audio recorded (not posted online). SAN MATEO Policy outlines action minutes but is a mix of action and summary minutes in practice Planning Commission, Sustainability & Infrastructure Commission are video recorded and posted online. Some commissions are audio recorded (not posted online). SANTA CLARA Action Planning Commission is video recorded and posted online. All others commissions are audio recorded and posted online. SARATOGA Action Planning Commission is video recorded and posted online. None of the other commissions are audio recorded. SUNNYVALE Action Planning Commission is video recorded and posted online. All other commissions are audio recorded and posted online. Staff recommends selecting one format for meeting minutes for all commissions. Action minutes would reduce staff time as well as strictly communicate the facts and actions of the meeting rather than including an interpretation of the discussion. Summary minutes provide a more detailed description of the discussions leading up to the actions in the meeting. If Council desired to require audio recordings of commission meetings, this could be accomplished in a few different ways. One way is to provide each commission staff liaison with a recording device. A high-quality audio recorder would have an estimated cost of $60-$100 per device. Additional staff time required would be minimal. Alternatively, the staff liaison could use their City-issued iPad to record if they have one. The IT Department is currently exploring the potential of outfitting City conference rooms with audio recording equipment and the associated costs. If audio recordings are done, they would be considered public record and would be subject to the City’s retention schedule. The current retention schedule stipulates that the audio recording should be kept for 30 days or until the meeting minutes are approved, whichever is longer. Council could decide to extend the retention schedule and make recordings available online. Internal Consistency Staff identified inconsistencies within the Cupertino Municipal Code. For example, the Teen Commission is the only commission not codified. There are also inconsistencies in the language regarding record keeping and the references to the resolution governing advisory bodies. Staff plans to return to Council with recommended changes to address these consistency issues. Duplication Initially, there was a concern regarding the duplicative mandates of commissions. As discussed at the July 31st Study Session, commissions typically do not overlap in practice. However, in the Cupertino Municipal Code, there are areas of potential duplication. For example, the Parks and Recreation Commission mandate does include, “Sheriff, Library, Fire, and Disaster Preparedness,” which may be considered as areas under the Library and Public Safety Commissions. To address this, staff suggests removing or clarifying language on commission functions. In addition, the non-profit Senior Advisory Council was reviewed to evaluate whether a Senior Commission would be beneficial or duplicative. In the past, the City had a Senior Citizen Commission. However, in 2009, the Senior Citizen Commission agreed to be dissolved as they had significant overlapping functions with the Senior Advisory Council and the members of the Senior Center recognized the Advisory Council as the representing body. The Advisory Council has four Board Members and 15 committee members, which meet every other month. Staff estimates that the Advisory Council requires about 3.5 hours of staff time per meeting. The Advisory Council is primarily advisory to staff and discusses programs at the Senior Center and receives updates on community group activities. When requested, they do address citywide issues involving senior citizens such as participating in the Age Friendly Cities task force. The Advisory Council does not serve at the will of the Council and while it is representative of Senior Center members, may not always be representative of the City’s senior demographic population overall. With a Senior Commission, Council could select commissioners and direct their work. Staff estimates that a Senior Commission would take about six hours of staff time per meeting. The table on the following page indicates that about half of the local cities surveyed have a Senior Commission. If a Senior Commission is formed, the Advisory Council would continue as they are the non-profit body that has formed specifically around Cupertino’s Senior Center programming and facilitates the bingo program. In addition, with both a Senior Commission and the Senior Advisory Council there may be the potential for duplication as seen in 2009. The City Council has several options to receive advisory input on citywide senior citizen issues: Option 1: Request input from the Senior Advisory Council Option 2: Request input from the Parks and Recreation Commission Option 3: Request input from the Parks and Recreation Commission with collaboration from the Senior Advisory Council Option 4: Form a Senior Citizens Commission SENIOR COMMISSIONS IN OTHER CITIES Cities Senior Commission Staff Liaison CAMPBELL N/A N/A GILROY N/A N/A LOS ALTOS LOS ALTOS HILLS Senior Commission (LA/LAH shared) Rec. Supervisor LOS GATOS Community & Senior Svcs Commission Assistant Town Manager MENLO PARK N/A N/A MILPITAS Senior Advisory Commission Rec. Supervisor & Public Svcs Attendant MORGAN HILL N/A N/A MOUNTAIN VIEW Senior Advisory Committee Rec. Supervisor PALO ALTO N/A N/A REDWOOD CITY Senior Affairs Commission Parks, Rec., & Community Svcs Manager SAN MATEO Senior Citizens Commission Comm. Svcs Section Manager SANTA CLARA Senior Advisory Commission Rec. Supervisor SARATOGA N/A N/A SUNNYVALE Senior Center Advisory Committee (advisory to staff & appointed by staff) Community Svcs Coordinator SAN JOSE Senior Citizens Commission Rec. Supervisor Facilitating Collaboration While duplication doesn’t appear to be an issue of concern within the City’s commissions, there will inevitably be issues and topics that are relevant to more than one commission’s expertise. For example, traffic safety could be relevant to both the Public Safety Commission and the Bicycle Pedestrian Commission. Currently, the Commissioner Handbook does have a section regarding “Relations with Other Boards, Commissions, and Committees.” Staff intends to revise this section to explain that in instances where a topic is relevant to more than one commission, the relevant commissions should work collaboratively on the project or recommendation so that all viewpoints can be considered, minimizing duplication or conflict. There are multiple junctures at which a topic can be identified as a candidate for collaboration. Most cities rely on the staff liaison to identify issues in their commissions which may be relevant to others. Likewise, Cupertino should train staff liaisons to be aware of any items that call for collaboration. Additionally, if all commissions have work programs approved by Council, the Council may direct commissions to collaborate on any items. The Mayor’s monthly meetings with commissions could also be a venue for fellow commissioners or the Mayor to identify issues of mutual interest. Other Best Practices Code of Ethics and Conduct In reviewing commission policies and guidelines from other cities, staff found that the majority of cities had adopted a formal code of conduct or ethics for commissions to abide by. Typically the code applies to the city’s councilmembers as well, unless they have a code specific to Council. A code of ethics and conduct can cover topics ranging from conflict of interest, confidentiality, advocacy, acting in the public interest, and proper use of an individual’s City title. While all cities indicated that a commissioner can be dismissed by a vote of the Council, a few cities such as San Mateo, Santa Clara, and Sunnyvale clearly state that any violation of the code of ethics and conduct are grounds for removal as a commissioner. Except for Sunnyvale, the cities surveyed did not have formal written procedures for the removal process. In practice, removal typically involves a letter of reprimand to the commissioner in violation, followed by a discussion and decision by the City Council to formalize the dismissal. Next Steps Staff will collect feedback from commissions to incorporate into the report to Council. Recommendations regarding commissions are expected to be brought to the Council meeting on November 20, 2018. Staff plans to include proposed revisions to the Cupertino Municipal Code as well as a draft code of ethics and conduct (Attachment F) for Council consideration. Following the Council meeting, staff will revise the Commissions Handbook to reflect recommendations approved by Council and provide training to commissioners and liaisons. Fiscal Impact The fiscal impact is dependent on the recommendations selected. Staff will evaluate fiscal impacts when final recommendations are presented. _____________________________________ Prepared by: Katy Nomura, Senior Management Analyst, and Toni Oasay-Anderson, Management Analyst Reviewed by: Jaqui Guzmán, Deputy City Manager Approved for Submission by: Amy Chan, Interim City Manager Attachments: A – Rosenberg’s Rules of Order B – Rosenberg’s Rules of Order at a Glance C – Robert’s Rules of Order at a Glance D – Parliamentary Procedure at a Glance - Sturgis E – Parliamentary Procedures in Other Cities F – Draft Code of Ethics and Conduct for Elected and Appointed Officials Rosenberg’s Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg ATTACHMENT A ii MISSION and CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California’s cities. About the League of California Cities Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities. The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. © 2011 League of California Cities. All rights reserved. About the Author Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. 1 Table of Contents About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 To Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 2 Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: Introduction The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg’s Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. 3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.” Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ” A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.” The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.” 2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. 4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” “Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs. A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows: 5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it. When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. 6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes. How does this work in practice? Here are a few examples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. 7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. 1400 K Street, Sacramento, CA 95814 (916) 658-8200 | Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved. Printed on recycled paper. Rosenberg’s Rules of Order at a Glance The Three Basic Motions Simple majority to pass / open to debate Basic Motion: "I move that we..." Motion to Amend: suggests changes to the basic motion. Motion to Substitute: replaces the basic motion entirely. Special Motions Simple majority to pass / no debate, goes directly to vote Motion to Adjourn: ends the meeting. Motion to Fix a Time to Adjourn: ends the meeting at a set time. Motion to Recess: break in the meeting. Chair sets length of the break. Motion to Table: defers the motion under discussion to a future date. Motions that Permanently Close Discussion 2/3 majority to pass / no debate, goes directly to vote Motion to Limit Debate: stops debate. "I move the question." Motion to Close Nominations: stops new nominations for a position. Motion to Object to the Consideration of a Question: rare, stronger form of tabling. Used before debate has begun. Motion to Suspend the Rules: temporarily changes meeting rules. Cannot be used to suspend non-parliamentary bylaws. Can be debated. Meeting Interruptions May be used at any time. Chair responds by asking you to state your point. Point of Privilege: points out uncomfortable surroundings, like a cold room or being unable to hear a speaker. Point of Order: points out failure to follow correct meeting procedures. Call for Orders of the Day: points out that the discussion has strayed from the agenda. Appeal: reverses a Chair's ruling when passed by simple majority. Requires a second and can be debated. Withdraw a Motion: used by the person making the motion. Others may immediately reintroduce the motion if they wish. Motion to Reconsider Simple majority to pass / open to debate May only be made by a member who previously voted in the majority for the item. Must be made during the same meeting (or at the very next meeting, assuming it's been added to the agenda). Life of a Motion 1.Chair announces item subject and number 2.Sponsor introduces item 3.Board asks technical questions for clarification purposes 4.Public comment on the item 5.Chair asks for motion 6.Chair asks for second 7.Board debates motion 8.Board votes 9.Chair announces result Notes: •All motions require a second before they can be voted upon. •You must be recognized by the Chair before speaking. •Chair may set limits on debate time or number of speakers. •Abstentions don't count in vote tally. •A tie vote fails to pass. •To recuse, publicly state reason for recusal and leave room during debate and vote. ATTACHMENT B Roberts Rules of Order ‐ At a Glance Typical Agenda Call to Order Start your meeting on time The Chair/President says “I call this meeting to order” Wait for quiet and then begin the meeting Roll Call of Officers The Chair says “The Recording Secretary will call the Roll of Officers” Reading of Minutes The Chair says “The Secretary will read minutes of the last meeting” or “Instead of having the Secretary read the minutes, copies have been distributed for your review.” Are there any additions or corrections to the minutes? If not, the minutes will stand approved as read.” If corrections to the minutes are made, ask for unanimous consent to additions or corrections at this time. If there is an objection to any addition or correction, it will be necessary to adopt a motion to make that change. Reading of Coorespondence The Chair says “The Recording Secretary will now read the correspondence.” Any letter requiring action by the membership should be discussed by the Executive Board prior to the membership meeting. At the membership meeting, the letter should be read along with the recommendations of the board. A motion should be made to adopt the board’s recommended action. That motion should then be discussed and voted on by the members. Reports of Officers Report of Staff and Committees Unfinished or Old Business New Business Adjourn the Meeting Making a Motion To make a motion, say “ I move that ……” When a motion is made it must be seconded. The Chair should then state the motion and call for discussion: “It has been moved and seconded that ... Is there any discussion?” Discussion During a Motion During a discussion of a motion or amendment, make sure that each member speaks only once until all other members have had an opportunity to speak. It is a good idea to alternate speakers for and against the motion. If members begin responding to and addressing remarks to each other, remind the group that all comments should be addressed to the Chair. The discussion and debate is for the group as a whole to participate in. It is not an argument between a couple of members. ATTACHMENT C Washington County, Oregon https://www.co.washington.or.us/CAO/CPO/CCI/upload/5-Roberts-Rules-of-Orders-At-a-Glance.pdf Amendment to a Motion Sometimes an amendment to the motion on the floor may be offered. An amendment must be seconded and then discussed. The Chair should say: “An amendment has been made and seconded that ... Is there any discussion on the amendment?” A vote is first taken on the amendment. After the amendment is decided on, the discussion returns to the main motion (as amended if the amendment was passed). A vote is then taken on the main motion. Point of Information A member may raise a “Point of Information.” For instance, he or she might state: “Point of Information. I don’t understand the intent of this motion.” The Chair should then clarify the intent of the motion or provide the information being requested. You may have to remind the member that a point of information is a question, not a statement. Point of Order Sometimes a member may rise on a “Point of Order,” saying something like: “Point of Order. This discussion does not pertain to the motion on the floor.” The Chair should make a ruling and say something like: “Your point is well taken and I direct the member speaking to address the motion on the floor.” Chart of Motions & Procedures Purpose You Say Can Interrupt Requires a Second Debat able Can be Amended Vote Required Close the meeting I move to adjourn No Yes No No Majority Register a complaint I rise to a question of privilege Yes No No No None Lay the motion aside temporarily I move to table the motion No Yes No No Majority End debate I call the question; OR I move to end debate No Yes No No 2/3 Limit or extend debate I move that debate be limited to… No Yes No Yes 2/3 Postpone to a certain time I move to postpone the motion to… No Yes Yes Yes Majority Refer to a committee I move to refer the motion to… No Yes Yes Yes Majority Modify the wording of the motion I move to amend the motion by… No Yes Yes Yes Majority Postpone the decision indefinitely I move that the motion be postponed indefinitely No Yes Yes No Majority Request for Information Point of Information Yes No No No None Take the matter from the table I move to take from the table No Yes No No Majority Parliamentary Procedure at a Glance (Based on The Standard Code of Parliamentary Procedure by Alice Sturgis) Principal Motions (Listed in Order of Precedence) TO DO THIS YOU SAY THIS May You Interrupt Speaker? Must You Be Seconded? Is The Motion Debatable? What Vote is Required? *Adjourn the meeting "I move the meeting be adjourned" NO YES YES (RESTRICTED) MAJORITY *Recess the meeting "I move that the meeting be recessed until..." NO YES YES** MAJORITY Complain about noise, room temperature, etc. "I rise to the question of personal privilege" YES NO NO NONE Postpone temporarily (Table) "I move that this motion be tabled" NO YES NO MAJORITY (REQUIRES TWO-THIRDS IF IT WOULD SUPPRESS) End debate "I move to vote immediately" NO YES NO TWO-THIRDS *Limit debate "I move that each speaker be limited to a total of two minutes per discussion" NO YES YES** TWO-THIRDS *Postpone consideration of an item to a certain time "I move to postpone this item until 2:00pm..." NO YES YES** MAJORITY *Have something referred to committee "I move this matter be referred to…" NO YES YES** MAJORITY *Amend a motion "I move to amend this motion by…" NO YES YES MAJORITY *Introduce business (the Main Motion) "I move that..." NO YES YES MAJORITY *Amend a previous action "I move to amend the motion that was adopted..." NO YES YES MAJORITY Ratify action taken in absence of a quorum or in an emergency "I move to ratify the action taken by the Council..." NO YES YES MAJORITY Reconsider "I move to reconsider..." YES YES YES** MAJORITY Rescind (a main motion) "I move to rescind the motion..." NO YES YES MAJORITY Resume consideration of a tabled item "I move to resume consideration of...? NO YES NO MAJORITY *Amendable **Debatable if no Other Motion is Pending ATTACHMENT D UC San Diego http://cseweb.ucsd.edu/~ddahlstr/misc/roberts/parlia_sturgis.pdf Parliamentary Procedure at a Glance (Based on The Standard Code of Parliamentary Procedure by Alice Sturgis) Incidental Motions TO DO THIS YOU SAY THIS May You Interrupt Speaker? Must You Be Seconded? Is The Motion Debatable? What Vote is Required? Vote on a ruling by the Chair "I appeal the Chair’s decision" YES YES YES MAJORITY Consider something out of its scheduled order "I move to suspend the rules and consider…" NO YES NO TWO-THIRDS To discuss an issue without restrictions of parliamentary rules "I move that we consider informally…" NO YES NO MAJORITY To call attention to a violation of the rules or error in procedure, and to secure a ruling on the question raised "I rise to a point of order" YES NO NO NONE To ask a question relating to procedure "I rise to a parliamentary inquiry" YES NO NO NONE To allow the maker of a motion to remove the motion from consideration "I move to withdraw my motion" YES NO NO NONE To separate a multi-part question into individual questions for the purpose of voting "I move division of the question" NO NO NO NONE To verify an indecisive voice or hand vote by requiring voters to rise and be counted "I move to divide the Assembly" YES NO NO NONE *Amendable **Debatable if no Other Motion is Pending THE CHIEF PURPOSES OF MOTIONS PURPOSE MOTION Present an idea for consideration and action Main motion Resolution Consider informally Improve a pending motion Amend Division of question Regulate or cut off debate Limit or extend debate Close debate Delay a decision Refer to committee Postpone to a certain time Postpone temporarily Recess Adjourn Suppress a proposal Table Withdraw a motion Meet an emergency Question of privilege Suspend rules Gain information on a pending motion Parliamentary inquiry Request for information Request to ask member a question Question of privilege Question the decision of the presiding officer Point of order Appeal from decision of chair Enforce rights and privileges Division of assembly Division of question Parliamentary inquiry Point of order Appeal from decision of chair Consider a question again Resume consideration Reconsider Rescind Renew a motion Amend a previous action Ratify Change an action already taken Reconsider Rescind Amend a previous action Terminate a meeting Adjourn Recess (From The Standard Code of Parliamentary Procedure by Alice Sturgis) Parliamentary Strategy (From The Standard Code of Parliamentary Procedure by Alice Sturgis) TO SUPPORT A MOTION TO OPPOSE A MOTION 1. Second it promptly and enthusiastically. 2. Speak in favor of it as soon as possible. 3. Do your homework; know your facts; have handouts, charts, overhead projector slides, etc., if appropriate. 4. Move to amend motion, if necessary, to make it more acceptable to opponents. 5. Vote against motion to table or to postpone, unless delay will strengthen your position. 6. Move to recess or postpone, if you need time to marshal facts or work behind the scenes. 7. If defeat seems likely, move to refer to committee, if that would improve chances. 8. If defeat seems likely, move to divide question, if appropriate, to gain at least a partial victory. 9. Have available a copy of the organization's standing rules, its bylaws, and The Standard Code of Parliamentary Procedure, in case of a procedural dispute. 10. If motion is defeated, move to reconsider, if circumstances warrant it. 11. If motion is defeated, consider reintroducing it at a subsequent meeting. 1. Speak against it as soon as possible. Raise questions; try to put proponents on the defensive. 2. Move to amend the motion so as to eliminate objectionable aspects. 3. Move to amend the motion to adversely encumber it. 4. Draft a more acceptable version and offer as amendment by substitution. 5. Move to postpone to a subsequent meeting. 6. Move to refer to committee. 7. Move to table. 8. Move to recess, if you need time to round up votes or obtain more facts. 9. Question the presence of a quorum, if appropriate. 10. Move to adjourn. 11. On a voice vote, vote emphatically. 12. If the motion is adopted, move to reconsider, if you might win a subsequent vote. 13. If the motion is adopted, consider trying to rescind it at a subsequent meeting. 14. Have available a copy of the organization's standing rules, its bylaws, and The Standard Code of Parliamentary Procedure, in case of a procedural dispute. Local Cities Rosenberg’s Rules Robert’s Rules Sturgis Parliamentary Procedure City Specific Rules and Procedures Campbell x Gilroy x Los Altos x Los Altos Hills x Los Gatos x Menlo Park x Milpitas x Morgan Hill x Mountain View x Palo Alto x Redwood City x San Jose Modified based on Robertʹs and Rosenbergʹs San Mateo x Santa Clara x Saratoga x Sunnyvale x LOCAL CITIES COUNT 5 7 2 2 Other Cities Rosenberg’s Rules Robert’s Rules Sturgis Parliamentary Procedure City Specific Rules and Procedures Antioch x Belmont x Berkeley Modified based on Robertʹs Calistoga x Camarillo x Carpinteria x Chico x Fort Bragg x Half Moon Bay x Ione x Livermore x Mission Viejo Modified based on Robert’s National City x Ojai x Piedmont x Rio Vista x San Fernando x Santa Fe Springs x Santa Monica x Santa Rosa x Taft x Temple City x Torrance x Vallejo x Windsor x Winters x Woodland x Yountville x OTHER CITIES COUNT 15 8 1 4 TOTAL COUNT 20 15 3 6 PARLIAMENTARY PROCEDURES IN OTHER CITIES ATTACHMENT E ATTACHMENT F City of Cupertino DRAFT Code of Ethics and Conduct For Elected and Appointed Officials Adopted _____________ by Resolution No. 18-____ 1 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. PURPOSE The Cupertino City Council adopts this Code of Ethics and Conduct to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of Cupertino’s City government. ETHICS The citizens and businesses of Cupertino are entitled to have fair, ethical, and accountable local government. To this end, the public should have full confidence that their elected and appointed officials: Comply with both the letter and spirit of the laws and policies affecting the operations of government; Are independent, impartial, and fair in their judgment and actions; Use their public office for the public good, not for personal gain; and Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility. Therefore, members of the City Council, City Manager, City Attorney, and all Commissions shall conduct themselves in accordance with the following ethical standards: 1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Cupertino and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims, and transactions coming before them. 2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of Cupertino in the performance of their public duties. 3. Conduct of Members. The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Commissions, the staff, or public. 4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council. 5. Conduct at Public Meetings. Members shall prepare themselves for public issues; 2 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. listen courteously and attentively to all public discussions before the body; and focus on the business at hand. 6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law. 7. Communication. For adjudicative matters pending before the body, members shall rely upon agenda materials and information received at the public meeting for information to support their decision, and shall refrain from receiving information outside of an open public meeting, except on advice of the City Attorney. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources outside of the public decision-making process. 8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (c) a strong personal bias. A member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate State agency, a member shall not participate in a decision unless and until he or she has requested and received advice allowing the member to participate. A member shall diligently pursue obtaining such advice. The member shall provide the City Attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to members, the City Attorney represents the City and not individual members. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including 3 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. other members unless otherwise permitted by law. 9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. 10. Confidential Information. Members must maintain the confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. 11. Use of Public Resources. Members shall not use public resources which are not available to the public in general (e.g., City staff time, equipment, supplies, or facilities) for private gain or for personal purposes not otherwise authorized by law. 12. Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any Commission or proceeding of the City, nor shall members of Commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. 13. Advocacy. Members shall represent the official policies or positions of the City Council or Commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Cupertino, nor will they allow the inference that they do. Councilmembers and Commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, Commission meetings, or other official City meetings. 14. Policy Role of Members. Members shall respect and adhere to the Council-Manager structure of Cupertino City government as outlined in the Cupertino Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by City staff and Commissions, and the public. Except as provided by the City Code, members shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. 4 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. 15. Independence of Commissions. Because of the value of the independent advice of Commissions to the public decision-making process, members of the City Council shall refrain from using their position to unduly influence the deliberations or outcomes of Commission proceedings. 16. Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff. CONDUCT GUIDELINES The Conduct Guidelines are designed to describe the manner in which elected and appointed officials should treat one another, City staff, constituents, and others they come into contact with while representing the City of Cupertino. 1. Elected and Appointed Officials’ Conduct with Each Other in Public Meetings and Private Encounters Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue. (a) Honor the role of the Chair in maintaining order It is the responsibility of the Chair to keep the comments of members on track during public meetings. Members should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. (b) Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. (c) Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the 5 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The Chair will maintain control of this discussion. (d) Demonstrate effective problem-solving approaches Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. (e) Continue respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. 2. Elected and Appointed Officials’ Conduct with the Public in Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. (a) Be welcoming to speakers and treat them with care and gentleness While questions of clarification may be asked, the official’s primary role during public testimony is to listen. (b) Be fair and equitable in allocating public hearing time to individual speakers The Chair will determine and announce limits on speakers at the start of the public hearing process. (c) Practice active listening It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Members shall try to be conscious of facial expressions, and avoid those that could be interpreted as "smirking," disbelief, anger, or boredom. (d) Maintain an open mind Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. (e) Ask for clarification, but avoid debate and argument with the public Only the Chair – not individual members – can interrupt a speaker during a 6 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. presentation. However, a member can ask the Chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing. 3. Elected and Appointed Officials’ Conduct with the Public in Unofficial Settings (a) Make no promises on behalf of the Council, Commission, or City Members will frequently be asked to explain a Council or Commission action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is in appropriate to overtly or implicitly promise Council or Commission action, or to promise City staff will do something specific. (b) Make no personal comments about other members It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other members, their opinions, or actions. 4. Elected and Appointed Officials’ Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials who set policy, appointed officials who advise the elected, and City staff who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. (a) Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. (b) Do not disrupt City staff from their jobs Elected and appointed officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Do not attend City staff meetings unless requested by staff – even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may intimidate staff, and hampers staff’s ability to do their job objectively. (c) Never publicly criticize an individual employee Elected and appointed officials should never express concerns about the performance of a City employee in public, to the employee directly, or to the 7 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. employee’s manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Appointed officials should make their comments regarding staff to the City Manager. (d) Do not get involved in administrative functions Elected and appointed officials acting in their individual capacity must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. (e) Do not solicit political support from staff Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. (f) No Attorney-Client Relationship Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her staff and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not individual members. Members who consult with the City Attorney cannot enjoy or establish an attorney-client relationship with the attorney. 5. Council Conduct with Commissions The City has established several Commissions as a means of gathering more community input. Citizens who serve on Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. (a) If attending a Commission meeting, be careful to only express personal opinions Councilmembers may attend any Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. (b) Limit contact with Commission members to questions of clarification It is inappropriate for a Councilmember to contact a Commission member to lobby on behalf of an individual, business, or developer, and vice versa. It is 8 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. acceptable for Councilmembers to contact Commission members in order to clarify a position taken by the Commission. (c) Respect that Commissions serve the community, not individual Councilmembers The City Council appoints individuals to serve on Commissions, and it is the responsibility of Commissions to follow policy established by the Council. But Commission members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to threaten Commission members with removal if they disagree about an issue. Appointment and re- appointment to a Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Commission appointment should not be used as a political "reward." (d) Be respectful of diverse opinions A primary role of Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on Commissions, but must be fair and respectful of all citizens serving on Commissions. (e) Keep political support away from public forums Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Commission members who are running for office, but not in an official forum in their capacity as a Councilmember. 6. Conduct with the Media Commission members are not authorized to represent the City to media outlets (including broadcast, print, and social media sites) outside of official Commission meetings unless specifically authorized to do so. (a) The Mayor is the official spokesperson for the City Council on City positions The Mayor is the designated representative of the City Council to present and speak on the official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. (b) Choose words carefully and cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. 9 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. COMPLIANCE 1. Acknowledgement of Code of Ethics and Conduct Members shall sign an acknowledgement that they have read and understand the Code of Ethics and Conduct. 2. Ethics Training for Local Officials Councilmembers, City Manager, City Attorney, and Commission Members who are out of compliance with State or City mandated requirements for ethics training shall not represent the City on intergovernmental assignments or Council subcommittees. 3. Behavior and Conduct The Cupertino Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the Cupertino City Council and Commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The Chairs of Commissions and the Mayor and Council have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention. (a) City Council: Individual Councilmembers should point out to the offending Councilmember perceived infractions of the Code of Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being questioned, then the matter should be referred to the Vice Mayor. It is the responsibility of the Mayor (or Vice Mayor) to initiate action if a Councilmember’s behavior is not in compliance with the Code of Ethics and Conduct. If no action is taken by the Mayor (or Vice Mayor), then the alleged violation(s) can be brought up with the full Council. (b) Commission Members: Counseling, verbal reprimands, and written warnings may be administered by the Mayor to Commission members failing to comply with City policy. These lower levels of sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands administered by the Mayor shall be distributed in memo format to the Chair of the respective Commission, the Commission Staff Liaison, the City Clerk, the City Attorney, the City Manager, and the City Council. The City Council may impose sanctions on Commission members whose conduct does not comply with the City’s policies, up to and including removal from office. Any form of discipline imposed by Council shall be determined by a majority vote of at least a quorum of the Council at a noticed public meeting and 10 For ease of reference the term “member” refers to any member of the Cupertino City Council, City Manager, City Attorney or City Commissions established by City ordinance or Council policy. such action shall be preceded by a Report to Council with supporting documentation. When deemed warranted, the Mayor or majority of Council may call for an investigation of Commission member conduct. Also, should the City Manager or City Attorney believe an investigation into a member’s conduct is warranted, they may refer the matter to the Mayor or Council. The Mayor or Council shall ask the City Manager or the City Attorney to investigate the allegation and report the findings. These sanctions are alternatives to any other remedy that might otherwise be available to remedy conduct that violates this code or State or Federal law. In order to protect and preserve good government, any individual including the City Manager and the City Attorney after complying with Rule 3-600(B) of the State Bar Rules of Professional Conduct, who knows or reasonably believes a member acts or intends or refuses to act in a manner that is or may be a violation of law reasonably imputable to the organization, or in a manner which is likely to result in substantial injury to the organization, may report the violation to the appropriate governmental authorities. IMPLEMENTATION The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the regular orientations for candidates for City Council, City Manager, City Attorney, applicants to Commissions, and newly elected and appointed officials. Members entering office shall sign a statement (example below) acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council and updated it as necessary. I affirm that I have read and understand the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials. Signature Date RECREATION AND COMMUNITY SERVICES DEPARTMENT QUINLAN COMMUNITY CENTER 10 10185 NORTH STELLING RD • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3120 www.cupertino.org PARKS AND RECREATION COMMISSION STAFF REPORT Meeting Date: November 1, 2018 Subject Citywide Parks and Recreation System Master Plan – Planning Level Estimates and Potential Funding Recommended Action Receive information on planning level cost estimates and potential funding sources for park and recreation facilities and added recreation elements for the Citywide Parks and Recreation System Master Plan. Background and Discussion The master planning process for Cupertino’s citywide parks and recreation system has involved wide input. The public, the Parks and Recreation Commission (“Commission”) and the City Council have weighed in during this process. Based on this input, several major new park and recreation facilities are desired, as are a number of other added recreation elements. The consultant team has prepared planning-level cost estimates for the major new facilities and for the other added recreation elements (see Attachments A and B). The team has also prepared information about potential funding sources (see Attachment C). The Commission and the public are invited to provide feedback on these draft documents. Fiscal Impact None. ____________________________________ Prepared by: Gail Seeds, Park Improvement Manager Reviewed by: Jeff Milkes, Director of Recreation & Community Services Approved by: Jeff Milkes, Director of Recreation & Community Services Attachments: A – Planning Level Cost Assumptions and Estimates, Draft, Oct. 2018 B – Table 1, Planning Level Estimates, New Major Park & Recreation Facilities, Draft, Oct. 2018 C – Table 2, Planning Level Estimates, Added Recreation Elements, Draft, Oct. 2018 D – Potential Funding Sources, Draft, Oct. 2018 Parks & Recreation System Master Plan | 1 PLANNING LEVEL COST ASSUMPTIONS & ESTIMATES October 2018 This document presents planning-level cost estimates and costing assumptions for the Parks & Recreation System Master Plan. Costs are provided for the elements noted in the following two recommendation matrices: Table 2: New Major Park & Recreation Facility/Service Matrix Table 3: Added Recreation Elements These opinions of costs are noted in 2018 dollars and do not account for inflation. They represent planning level estimates reflecting general assumptions about future park and facility development. Construction costs are noted based on MIG experience in costing parks with similar amenities. Cost for major facilities also factor in comparables to existing facilities using publicly accessible estimates. In most cases, a base cost is provided as a conservative opinion of cost and serves as a baseline for cost considerations. Ranges are provided given the lack of detail in actual program, components, or sizing of elements. These planning level costs may be used to guide next steps in implementing capital improvement projects. All costs will need refining through facility and site master planning efforts, and/or during the development of construction documents. Changes to project scopes and programming, combining or separating facilities, acquiring land or building at City-owned sites, or introducing phases to development will all have impacts to costs. Given the current volatility in land price and construction costs, all costs will also need adjustment for inflation and current construction conditions at the time of implementation. Current construction cost rise in the San Francisco Bay Area is considerably higher than the cost of living inflation rate, so it will be important to apply appropriate inflation adjustments. For example, if construction cost rise is 5%/year, then cost of construction will be 1/3 higher within 6 years. NEW MAJOR PARK AND RECREATION FACILITIES Costs associated with Table 1: Planning Level Costs for New Major Park & Recreation Facilities are noted below—with the exception of New Trails and Trail Corridors. Costs for trails should reference Public Works’ construction costs. Project costs are based on an estimated construction cost, plus a 65% allowance for ‘soft’ costs such as design, engineering, environmental clearance, project management, construction inspection and testing, and other expenses. The total project cost therefore allocates 60% to construction and 40% to other costs. Estimates do not include land acquisition or new parking, as those expenses cannot be accurately estimated at this time. 2 | Parks & Recreation System Master Plan Planning Level Cost Assumptions & Estimates Anticipated operating/staffing costs are noted in a comparative manner and reflect the expectations noted below. $ = no new staffing; minimal impact on existing operating budgets $$ = minimal new staffing; modest impact on existing operating budgets $$$ = moderate new staffing; facility expected to cover much or most of its staffing and programming costs over time $$$$ = extensive new staffing; facility expected to need city subsidy during early years but could cover much of its staffing and programming costs over time (~80+%) $$$$$ = extensive new staffing; facility expected to involve ongoing significant annual city subsidy Neighborhood Park, per 3-acre park Land Acquisition TBD1 Project Estimate $10-15,000,0002 Operating Cost $$ 1 Land acquisition is too variable to anticipate as it is dependent on a variety of factors including but not limited to numbers and size(s) of parcel(s) and whether land is purchased, gifted, provided in lieu or a joint-use site. 2 Project estimate assumes development of a 3-acre site with $60 per square foot costs which accommodates a range of site improvements including concrete formwork, landscaping, infrastructure, and facilities such as play areas with synthetic safety surfacing, sports courts, game tables and activity hubs, picnic tables and seating, possible small shade shelter, and open grass areas for play. Costs will likely need to be updated based on the site master plan and any phasing. This cost is per 3-acre site. Smaller parks incur higher maintenance costs per acre than larger ones. Aquatics Facility Land Acquisition TBD1 Project Estimate $45-60,000,0002 Operating Cost $$$$$ 1 Land acquisition is too variable a cost to anticipate as it is dependent on a variety of factors including but not limited to size of parcel(s) or whether the parcel is already City-owned, purchased, gifted, or provided in lieu. Additional considerations are whether it is a joint-use facility on other lands or developed with a partner; or whether an aquatics facility is built as a standalone facility or combined with another facility, such as a gymnasium complex. 2 Project estimate is a starting point and assumes a construction budget of ~$30,000,000. This is based on recent aquatic center studies. This is a placeholder and will need to be updated based on the program and size developed during a site master planning effort. Parks & Recreation System Master Plan | 3 Planning Level Cost Assumptions & Estimates Gymnasium Complex and Multi-Use Recreation Center Land Acquisition TBD1 Project Estimate $30-40,000,0002 Operating Cost $$$ 1 Land acquisition is too variable a cost to anticipate as it is dependent on a variety of factors including but not limited to size of parcel(s) or whether the parcel is already City-owned, purchased, gifted, or provided in lieu. Additional considerations are whether it is a joint-use facility on other lands or developed with a partner. 2 Project estimate assumes a construction budget of ~$20-25,000,000 based upon recent construction of nearby gyms and athletic centers, which are used as a guide until the space programming for the building is determined in the site master planning effort. Performing/Fine Arts Center Land Acquisition TBD1 Project Estimate $60-100,000,0002 Operating Cost $$$$ 1 Land acquisition is too variable a cost to anticipate as it is dependent on a variety of factors including but not limited to size of parcel(s) or whether it is purchased, gifted, or provided in lieu. Additional considerations are whether it is a joint-use facility on other lands or developed with a partner. 2 Project estimate assumes a construction budget of $40-55,000,000. This is based on costs of similar projects. This is a placeholder and will need to be updated based on the program and size developed during a site master planning effort. Enhanced Teen Services Teen services are anticipated to be a programmatic expansion accommodated in a major facility of another type (such as a gymnasium/recreation center or performing arts venue.) Additionally, providing enhanced teen services could be addressed through programs with limited capital improvements (e.g., not a teen-specific venue). Consequently, no capital costs are noted here. Capital improvement costs should be considered if a separate teen venue is considered or a teen venue is proposed at a partner site, such as a school. Enhanced Senior Services – Senior Center Addition Land Acquisition N/A1 Project Estimate $15-25,000,0002 4 | Parks & Recreation System Master Plan Planning Level Cost Assumptions & Estimates Operating Cost $$$ 1 Additional senior services are recommended as an expansion of the existing center at Memorial Park or in conjunction with another facility (such as a performing/fine arts center). For this reason, no acquisition costs are noted here. 2 Project estimate is directly related to the program changes and the type and amount of improvements. Assuming that changes would require expansion of the building, a ~$10-15,000,000 construction budget is a placeholder and will need to be updated based on the program and size developed during a site master planning effort. Other Replaced or Repurposed Existing Building The need for new or replacement buildings at parks such as Portal, Monta Vista or Wilson should be coordinated with the results of the Public Works facility assessment evaluation study that is currently underway. ADDED RECREATION ELEMENTS Costs associated with Table 2: Planning Level Costs for Added Recreation Elements are noted below. Planning level costs are identified for one of each type of amenity, based on the assumptions noted below. Nature Play Area Project Estimate $300,000 1 1 Cost varies based on the size, number of components, and complexity of the nature play. This cost assumes construction of a modest nature play component added to an existing play area without utility coordination or water play. Universal/All Inclusive Play Area Project Estimate $1,000,000-2,000,000 1 1 Cost varies based on the size of the area being developed, number and type of components, whether it is a full play area renovation or add-ons to an existing play area, and complexity of the universal/all- inclusive play. This cost assumes construction of an all-inclusive play space adjacent to an existing play area. A full-size, destination, all-inclusive play area similar to ‘Magical Bridge’ or Rotary PlayGarden would be in the $5M+ range. Water Play Project Estimate $1,000,000-2,000,000 1 1 Cost varies based on the size, number/type of components, and complexity of the water play and utility coordination. This cost assumes construction of water play adjacent to an existing play area with Parks & Recreation System Master Plan | 5 Planning Level Cost Assumptions & Estimates accessible potable water and utility connections, similar in size to the one at John D. Morgan Park in Campbell. Improved Outdoor Event Space Project Estimate $200,000-1,500,000 1 1 Cost is a starting point and is based on an allowance of $200-500,000 per park site and improvements at 2-4 sites, but is dependent on the park site plan, programming needs, location and capacity of existing infrastructure and utilities, and the extent of the changes. The cost assumes some electrical work, lighting, loading areas, event hardscape, and supporting amenities. Costs will vary depending on the type and size of stage/event area, parking and circulation improvements if needed, and existing utility and infrastructure capacity. Costs will need to be updated based on the concept plan for each park and current construction conditions. Multi-Use Sport Field Project Estimate $2,500,000+1 1 Cost is a starting point and is based on ~$1,500,000 of improvements but is dependent on the site master plan, existing infrastructure, and the extent of the changes. This assumes one regulation soccer/multi-use field with lawn or artificial turf, irrigation, and some site amenities. Multiple baseball or softball fields would be more expensive given the additional fencing, backstops etc. This cost does not include field lighting. Costs will need to be updated based on the concept plan/site master plan and current construction conditions. Cricket Field Project Estimate $5,000,0001 1 Cost is based on ~$3,000,000 of improvements but is dependent on the site master plan and the extent of the changes. This assumes a cricket field appropriate for practice and adult play but not a cricket stadium or regional facility. Costs will need to be updated based on the site master plan and current construction conditions. Dog Park/Dog Area Total Project Estimate $600,0001 1 Cost varies based on the extent of the changes. The estimate is a starting point based upon ~$350,000 construction cost and assumes that a dog area is added to an existing park of a size similar to the Mary Avenue Dog Park. Cost would increase depending on the size of the dog area, whether there are water features or dog skills training components, and if surfacing is other than lawn or decomposed granite. A new dog park would have higher costs. This cost will need to be updated based on the site master plan and current construction conditions. 6 | Parks & Recreation System Master Plan Planning Level Cost Assumptions & Estimates Basketball Court Project Estimate $250,000+1 1 Cost varies based on the scope beyond a regulation size court and some limited adjacent seating. This cost will need to be revised based on what other improvements are included beyond the court, such as pathways, lighting, utilities or additional seating. Pickleball Courts Project Estimate – Restripe existing courts $30-40,000+ 1 Project Estimate – Construct a new 8-court complex $500-600,0002 1 The estimate for Restripe existing courts is based on a painted overlay to ~4 existing tennis courts with minor surface cleaning and sealing, and funding for net improvements. 2 The estimate for Construct a new 8-court complex is based on a ~$50,000/court price. This assumes courts are clustered with perimeter fencing. This cost will need to be revised based on the site master plan; what other improvements are included beyond the court and some fencing, such as fencing between courts, site amenities, lighting, etc.; and current construction conditions. Community Gardens Project Estimate $500,0001 1 Cost is for a community garden and is dependent on the size of the garden area, the amenities provided, the availability of potable water, the number of raised beds, etc. This cost is based on a construction budget of ~$300,000 and would accommodate at-grade beds, some raised beds, hose bibs, access route, and perimeter fencing. This cost assumes the creation of a community garden area in an existing park with available nearby potable water. A large facility, such as that at McClellan Ranch, a healing garden, or demonstration garden would be more expensive. Outdoor Recreation Diversity Providing additional outdoor recreation diversity has a range of costs from $500 for nets and standards for badminton to $2-5,000 for outdoor table tennis, chess tables, benches, to $30,000 for structured parkour (obstacle course) elements or outdoor fitness equipment circuit area and beyond. Pilot programs could explore a variety of options including temporary options, outdoor games like a giant Jenga or portable climbing walls to build and test interest. Elements could rotate through different parks. Other elements could be permanent to provide a range of small and larger scale additions to existing amenities, with a few sites each year receiving something new to add to their offerings. A yearly allocation of $100,000 or more would allow for a variety of new elements to be added at sites throughout the system to create additional interest and address the needs of a larger, more diverse population. Improved Comfort & Amenities in Parks Providing additional shade, seating, potable water, signage, lighting, bike racks, art and restrooms throughout the park system will provide all users with a higher level of comfort and interest to each Parks & Recreation System Master Plan | 7 Planning Level Cost Assumptions & Estimates facility. These amenities can be added incrementally over time with a few parks receiving comfort improvements each year. These improvements range in cost with new trees costing $250 and other amenities costing more. A yearly allocation of $100,000 would allow a few parks a year to have a wide range of comfort improvements customized each park’s specific needs. Natural Vegetation Enhancements Providing natural vegetation enhancements includes a range of improvements to reduce manicured areas and provide for natural systems and habitats. As part of standard landscape maintenance, underutilized lawn areas throughout the system could be converted to native plantings and habitat areas; this will require a change in maintenance practice but may reduce the amount of time needed to maintain the areas. Larger restoration and habitat enhancements have greater cost but small, incremental efforts can be pilot programs. These enhancements can be coordinated with neighborhood groups and partners to implement and/or events, such as quarterly invasive plant removal efforts, can be organized. A yearly allocation of $100,000 or more would allow for a variety of these enhancements to be implemented with ongoing efforts to reduce lawn and water usage in the landscape, provide more dynamic and lively habitats throughout the City, as well as provide visual interest and green infrastructure. 8 | Parks & Recreation System Master Plan Planning Level Cost Assumptions & Estimates ADDITIONAL INFORMATION: EXISTING SITES While costs for existing facilities were not requested, some of the initial projects to be included in the City’s Capital Improvement Plan will be associated with existing park site master planning and/or improvements. Allowances are noted below for these site plans and projects. Memorial Park Project Estimate $10-13,000,0001 1 The estimate assumes a construction budget of~ $8,000,000 for “phase one” site improvements. Such improvements include renovation and repurposing of the pond areas; a new water feature; renovation of the amphitheater; improvements to support event hosting; improvements to the pathway system; landscape renovation; and infrastructure improvements. This does not include the development of new major buildings/”big moves” (such as an aquatic center or gym) which may or may not be included in the site; new major buildings are separately addressed. Costs will need to be updated based on the site master plan. Stevens Creek Corridor Costs will need to be identified based on completion of the Stevens Creek Corridor master plan to accurately reflect that plan’s implementation. Creekside, Hoover, Jollyman, Linda Vista, Monta Vista, Portal, Varian and Wilson Parks Each of these large neighborhood parks is expected to warrant investment in renovation and enhancements during the next two decades. The appropriate budget for each park will depend upon selected improvements. Strategic plans that will follow this master plan will identify the parks that are prioritized for near-term attention and improvement. Small Neighborhood Parks For Canyon Oak and Little Rancho Parks, small scale improvements ranging between $10,000 and $100,000 each will provide additional play and recreational value and diversity. For Franco and Sterling Barnhart Parks, these are the two newest small neighborhood parks and as such are well designed, in good condition, and have limited unprogrammed space. Ongoing maintenance are the main needs with minor improvements needed when life cycle costs indicate replacements are needed. For Somerset and Three Oaks Parks, there is a need longer term to add recreational value and diversify the opportunities. As life cycle costs indicate replacements are needed, a wider variety of play and recreation opportunities should be infused as well as a reconsideration of the amount of turf to climate- appropriate plantings. They are anticipated to warrant investment that is higher than for small neighborhood parks but less than for the large neighborhood parks noted above. Mary Avenue Dog Park Similar to Franco and Sterling Barnhart Parks, the Mary Avenue Dog Park is recently constructed, well designed, in good condition, and has limited unprogrammed space. Ongoing maintenance is the main Parks & Recreation System Master Plan | 9 Planning Level Cost Assumptions & Estimates need with minor improvements such as additional shade and seating being needed, possible dog agility/exercise elements, or when life cycle costs indicate replacements are needed. Cupertino Sports Center Cupertino Sports Center major improvements for long-term needs are directly linked to the Memorial Park site master plan efforts as well as the big move discussions. Depending on those discussions, a separate site master plan may or may not be necessary. Costs for such major improvements are too conceptual to address at this juncture. Trail Corridors While there are subtle variations in the recommendations for the individual trail corridors, all would benefit from incremental improvements for comfort (such as shade or occasional seating), environment (such as habitat plantings or green infrastructure), or increased connectivity (linkages between trails, bike corridors, and parks especially). Comfort and environmental improvements are lower cost and can be phased in over time for minimal cost (e.g. $5,000 for an installed bench). Increased connectivity improvements vary in cost and are more expensive given their scale and complexity; these improvements would need to be coordinated with Public Works. Draft 10/24/2018 Recommendation Potential Elements¹ Planning Level Project Cost Estimate (per project)²Operating Cost³ Neighborhood Parks If opportunities arise, acquire and develop new neighborhood parks especially in targeted underserved areas. Strive for 3 acres. -play opportunities -seating -green space/open lawn -small group gathering space/picnic area -looped walking path -game space -active-use courts as space allows -neighborhood-serving amenities -landscaping/native plantings $10-15,000,000 $$ Trails and Trail Corridors Coordinate to develop trails from the Bicycle Transportation Plan, Pedestrian Transportation Plan and this Master Plan that support multi-use recreation, park access and connectivity to community destinations. -accessible, firm and stable multi-use, off-road trails -signage -wayfinding -distance/mileage markers -information kiosks -crossings -seating -interpretive elements or art -outdoor fitness equipment/par course elements -adjacent sort-surfaced jogging trail -green infrastructure -wider corridor for greenspace protection or riparian enhancement TBD; Costs for trails will be based on Public Works’ construction costs. Aquatics Facility Provide year-round swimming facility designed for recreation and instructional swimming, aquatic exercise / lap swimming, and pool events. -lap pool -warm water instructional pool -recreation pool -therapy pool/hot tub -zero depth entry -lazy river -water play features -support spaces such as lifeguard/office space, locker rooms, family changing rooms, outdoor showers, storage, mechanical space, lounge/spectator areas -cost recovery features such as all-purpose spaces, birthday party rooms, concessions, and rental features $45-60,000,000 $$$$$ Table 1: Planning Level Costs for New Major Park & Recreation Facilities Table 1: Planning Level Costs for New Major Park & Recreation Facilities Potential New Parks Potential New Trails Potential New Major Features Cupertino Parks and Recreation System Master Plan Recommendation Potential Elements¹ Planning Level Project Cost Estimate (per project)²Operating Cost³ Table 1: Planning Level Costs for New Major Park & Recreation Facilities Potential New Parks Gymnasium Complex & Multi-use Recreation Center Provide a multi-generational gymnasium complex and recreation center to provide sports court spaces and support other activities. -full size basketball court(s) with bleachers and dividing walls -volleyball, badminton, pickleball space or overlays -fitness studios -gymnastics space -multipurpose rooms for smaller court and other activities -senior fitness room -multi-purpose rooms (reservable) and meeting rooms -program space -social space/coffee kiosk -teen room -childcare room -possible additional features such as climbing wall; rooftop/elevated track -locker rooms, family changing rooms -office space -lobby/front desk/reception -equipment room and storage $30-40,000,000 $$$ Performing/Fine Arts Center Develop a community auditorium and/or fine and performing arts center to house community-scale performances and support daytime arts and recreation programs as well as evening programs and events. -industry-standard stage -professional lighting -sloped floor, fixed seating -pull-down screen -dressing rooms -restrooms -backstage storage -box office, lobby, concessions -smaller theater/rehearsal space -dance studio/floor -recording & television studio -arts wing for drawing, painting, photography, theater, dance, music/voice lessons -arts/crafts/ceramics spaces -practice/instruction rooms -reservable multi-purpose room-dance studio/floor -maker/incubator space (computer lab, graphics & animation studio, industrial shop) -catering kitchen -offices -storage -outdoor (or indoor/outdoor) event space or art plaza -ceramics/crafts/art spaces $60-100,000,000 $$$$ Cupertino Parks and Recreation System Master Plan Recommendation Potential Elements¹ Planning Level Project Cost Estimate (per project)²Operating Cost³ Table 1: Planning Level Costs for New Major Park & Recreation Facilities Potential New Parks Enhanced Teen Services Create unique teen space that may include student union- style gathering and program space and/or active indoor use for teens. -study room -café -computer lab and/or video gaming -game room -meeting/program space -open gym; basketball hoop -kitchen Expanded Senior Services Provide additional recreation space for older adults, and both frail and active seniors. Plan in conjunction with the incorporation of senior space into a gymnasium complex/recreation center. Expansion of the existing Senior Center could include: -2-story addition with elevator access to 2nd floor -exercise rooms or half-court gym space -multi-age programming space for frail to active seniors -arts & crafts room -music rooms of different sizes with presentation capacity -additional classrooms and meeting rooms -private consultation/health/conference room -front desk/reception area -office space -storage -accessible parking and drop off areas -parking lot circulation improvements -outdoor low impact game space, gardens, and activity areas $15-25,000,000 $$$ Other Replaced or Repurposed Existing Building Re-evaluate and consider replacement or repurposing of existing aging, worn or underperforming buildings in conjunction with the development of new facilities. -range of options including removing or replacing buildings with new buildings or additional recreational facilities -projects dependent on major facility development and considerations Notes: 1 Amenities, program options and uses will be determined through site master plans, facility business plans, and market studies 2 See PLANNING LEVEL COST ASSUMPTIONS & ESTIMATES for further delineation of assumptions. 3 Key to Operations Costs: $ = no new staffing; minimal impact on existing operating budgets $$ = minimal new staffing; modest impact on existing operating budgets $$$ = moderate new staffing; facility expected to cover much or most of its staffing and programming costs over time $$$$ = extensive new staffing; facility expected to need city subsidy during early years but could cover much of its staffing and programming costs over time (~80+%) $$$$$ = extensive new staffing; facility expected to involve ongoing significant annual city subsidy Potential Major Facility Enhancements Cupertino Parks and Recreation System Master Plan Draft 10/24/2018 Recommendation Potential Elements¹ Planning Level Project Cost Estimate (per project)² Nature Play Area Provide nature play elements in parks to connect people to nature and support experiential play. -climbable elements such as logs, stumps, boulders, mounds and trees -water features or water play features (hand pump, e.g.) -sand, mud, wood chips, rocks -movable pieces, such as branches for fort-building -other natural play elements consistent with the site character -plants and trees $300,000 Universal/All-Inclusive Play Area Support inclusive and universal play by providing a universal / all-inclusive play area and considering additional elements. -play area designed for all ages and abilities -stimulation for multiple senses (tactile/touch; auditory/hearing; visual/sight; gustatory/taste; olfactory/smell; proprioception [body awareness]; vestibular processing [understanding changes in location, orientation in space, and balance]; and interoception) -parallel play with different levels of challenge -shade -accessible and diverse seating arrangements $1,000,000-2,000,000 Water Play Integrate a variety of water play opportunities at existing parks. -interactive water play feature -playable water channel -spray play areas -splash pads -hand pump and sand play area $1,000,000-2,000,000 Improved Outdoor Event Space Provide event space to support group events, programs and outdoor classes. Neighborhood-scale event spaces could accommodate neighborhood movies, small performances, cultural events, meet-up group activities, mobile programming and outdoor classes, such as yoga and tai chi, and 'art in the park' activities. -hardscape -utilities -sloped hillside and stage -portable stage, screen and other equipment -lawn area -shade -improved park circulation -pavilion or outdoor classroom with movable chairs and tables for flexible program use -support amenities such as restrooms and parking $200,000-1,500,000 Table 2: Planning Level Costs for Added Recreation Elements Table 2: Planning Level Costs for Added Recreation Elements Potential Added Recreation Facilities Cupertino Parks and Recreation System Master Plan Draft 10/24/2018 Recommendation Potential Elements¹ Planning Level Project Cost Estimate (per project)² Table 2: Planning Level Costs for Added Recreation Elements Potential Added Recreation Facilities Multi-Use Sport Fields Increase the playing capacity of existing sports fields. If feasible, add new multi-use rectangular fields. Address needs for fields if an existing field is displaced by new facility development. -regulation-size rectangular field lined for soccer, multi- use -regulation-size diamond field designed for baseball/softball - diamond field with rectangular field overlay where feasible -turf or artificial turf -field lighting, if feasible -amenities such as bleachers, dugouts, concessions, and shade $2,500,000+ Cricket Field Develop a community-size field to support youth and adult cricket play. -regulation size turf field and pitch for adult play, but if space is constrained, to support youth play -may be overlay on other field sports -may consider international size field if developed through partner collaboration -may include amenities such as lighting, storage, shade, concessions $5,000,000 Dog Park(s)/Dog Area(s)Provide additional dog parks and dog off-leash areas.-smaller dog run, mid-size dog area, or full size dog park with different fenced areas for small and large dogs -fence, suited to character of park -double entry gate -turf, decomposed granite, other suitable surfacing, or combination -dog waste dispensers -dog drinking stations -water pools -seating and picnic tables -shade shelter -lighting -topography and landscaping $600,000 Basketball Courts Provide basketball courts to diversify recreation and sports opportunities. -full-size courts are strongly preferred and are prioritized -consider half-size courts or hoops where space does not allow full-size -lighting, if feasible $250,000 Pickleball Courts Provide pickleball courts to diversify recreation and sports opportunities. -pickleball courts (paired if possible) -tournament-friendly pickleball venue (6+ courts) $30-40,000+, $500-600,000 Cupertino Parks and Recreation System Master Plan Draft 10/24/2018 Recommendation Potential Elements¹ Planning Level Project Cost Estimate (per project)² Table 2: Planning Level Costs for Added Recreation Elements Potential Added Recreation Facilities Gardens Provide more opportunities for community gardens. Pursue a healing garden. Consider opportunities for gardens of other types in parks, such as demonstration gardens, rain gardens and orchards. For community gardens: -combination of in-ground, raised beds, and accessible planting areas -individual reservable plots and group spaces -fencing, water, composting/green waste recycling -seating, shade Healing garden: -garden showcasing healing plants -informational/educational elements Other gardens: -demonstration garden showcasing methods of gardening or different plant palettes such as organic gardening techniques, xeriscaping, native species, plantings for pollinators, birds and wildlife -bird baths and bird houses -rain garden and stormwater garden elements -orchards or permaculture plantings -sister city-inspired gardens $500,000 for community garden Outdoor Recreation Diversity (annual allocation)Provide a broader range of outdoor recreation opportunities, including facilities that support individual and group activities, with a broad range of varied challenge levels. Diversify facilities to appeal to Cupertino's diverse population and reflect of Cupertino's unique character. -loop paths & mile markers -outdoor fitness equipment -bocce, lawn bowling or petanque -outdoor table tennis (ping pong) -outdoor chess -badminton -volleyball -pickleball -futsal -tai chi -disc golf -bike skills area/pump track -parkour obstacle course -climbing spire -zip line -outdoor "living rooms" -family-style long tables -thematic play areas -sound garden -self-directed hike/app stations -other facilities to respond to new trends and diverse cultural needs $100,000/year Cupertino Parks and Recreation System Master Plan Draft 10/24/2018 Recommendation Potential Elements¹ Planning Level Project Cost Estimate (per project)² Table 2: Planning Level Costs for Added Recreation Elements Potential Added Recreation Facilities Improved Comfort & Amenities in Parks (annual allocation) Provide amenities to create welcoming, inclusive, safe, and comfortable parks for people of all ages and cultural groups. Integrate amenities to reflect park character. -seating with shade through structures or plantings -shade shelters (with movable tables/chairs, picnic tables, or other seating) -variety of seating options and groupings -restrooms where appropriate -drinking fountains/ bottle fillers/ dog drinking dishes -lighting -trash/recycling receptacles -parking -permeable paving -bike racks, docking stations -alternative transportation pickup/drop offs -art (playable, integrated, stand-alone, and/or temporary displays) -signage and wayfinding -interpretive elements, information kiosks -wifi -co-working stations/outdoor work space -multilingual or icon-based signage $100,000/year Natural Vegetation Enhancements (annual allocation) Reduce turf areas where not actively used for recreation, and replace with a range of alternative plantings while considering maintenance needs. -lawn reduction -native plantings -natural area protection/restoration -habitat enhancements -bioswales -invasive plant removal -tree preservation and protection (including orchards, park forests) -successional tree plantings -pollinator patches, gardens and corridors -bee hives -bird habitat, baths and houses -riparian enhancements $100,000/year Notes: 1 Amenities, program options and uses will be determined through site master plans, facility business plans, and market studies 2 See PLANNING LEVEL COST ASSUMPTIONS & ESTIMATES for further delineation of assumptions. Potential Natural Vegetation Enhancements Cupertino Parks and Recreation System Master Plan Parks & Recreation System Master Plan | 1 POTENTIAL FUNDING SOURCES October 2018 Cupertino relies on a variety of funding resources to develop and operate its parks and recreation system. Looking forward, this Master Plan recommends many system-wide enhancements, ranging from park renovations to major new facility development, park acquisition, and added recreation programs and events. The City has a strong history of investing in parks and recreation services. Implementing the Master Plan will require increasing this investment, both by maximizing existing funding sources and identifying new ones. This document reviews funding sources for capital projects and operations. Park Acquisition, Development and Renovation Funding The Master Plan identifies projects that require land acquisition, park and facility development, and renovation and enhancement at most parks in Cupertino. There is considerable flexibility in the sources that can be used for funding the acquisition and development of new park and recreation projects, and some flexibility in funding park renovations. Existing Funding Sources Cupertino’s budget includes several accounts used for acquisition, development and renovation projects in Cupertino’s parks and recreation system. Each source is detailed below with the fund name(s) that appear in the City’s budget and Capital Improvement Plan (CIP). The fund description clarifies potential uses for these funds in implementing future projects. General Fund. The General Fund is the primary fund for governmental services and has the fewest limitations on uses. While the General Fund is the City’s main source of operating funding, several accounts within the General Fund are used for capital improvements. The main sources of funding for Cupertino’s General Fund are the property and sales taxes collected within City limits, along with franchise fees and charges for services. Some fees are collected in special funds and are not passed through the General Fund. This includes fees collected for recreation programs, which are captured in an enterprise fund. Capital Improvement Fund (General Fund). Resources for any type of capital project can be transferred to this fund, mainly from the General Fund, at the discretion of City Council in the budgeting process. Capital Reserve (General Fund). The City’s Capital Reserve is intended to be used for capital improvement projects in the City. Funding for this reserve is governed by the City’s “Assigned and Unassigned Fund Balance and Use of One Time Funds Policy”, found in the Financial Policies and Schedules section of the City’s budget documents. Per that policy, any 2 | Parks & Recreation System Master Plan Potential Funding Sources unassigned fund balance in the General Fund at year end over $500,000 will be transferred to the Capital Reserve. In the 2017-18 fiscal year, the ending balance of this fund is projected at $13.5 million, due to a large transfer in the current year. The current Capital Improvement Plan allocates most these resources over the next two years. Stevens Creek Corridor Park Capital Projects. This fund pays for the design and construction of projects within the Stevens Creek Corridor. This fund was a special purpose set-aside recognizing the significance of this set of parks. No ongoing funding is projected. Park Land Dedication/In-Lieu Fees. The Cupertino Municipal Code (Chapter 13.08) requires dedication of land or collection of equivalent fees for park or recreational purposes as a condition of approval of new dwelling units. Any land required to be dedicated and/or fees required to be paid are to be used to acquire new parkland or fund capital improvements at existing recreation and park facilities which will serve the new units. If appropriate land is not available or the development is less than 50 units, the fair market value of the required land is collected as a fee. Cupertino collects in-lieu fees based on 3 acres of land per 1,000 residents and deposits them in a special Park Dedication fund. The amount of the fee is based on a current appraisal of land value. Revenues generated through the Park Land Dedication Fee cannot be used for the operation and maintenance of park facilities. Park Maintenance Fee. Cupertino Municipal Code (Chapter 14.05) establishes a limited impact fee targeted at single lot development (new building on an existing, single parcel of land). These fees support park acquisition development, rehabilitation and maintenance of parks to off-set the impact of declining open space within the city as lots are developed. Fees are assessed in a similar manner to Chapter 13.08, based on the number of dwelling units, residents per unit and a park acreage standard of 3 acres per 1,000 people. This fee is limited to financing the acquisition and maintenance of parks and recreation facilities described or identified in the Environmental Resources Element of the General Plan. Capital Improvement Plan Across all departments in the City of Cupertino, the 5-year Capital Improvement Plan (CIP) for FY 2019 (adopted in June of 2018) sets aside over $21 million to fund new and existing projects. A summary of the total existing and new projects included for funding in the five-year CIP (fiscal years 2019-2023) is presented below. TABLE 2019-2023 CITY OF CUPERTINO CAPITAL IMPROVEMENT PLAN SUMMARY 2019 2020 2021 2022 2023 New Projects $8,556,500 $1,960,000 $1,960,000 $1,800,000 $1,800,000 Existing Projects $1,885,000 $280,000 $280,000 $280,000 $280,000 Total $10,441,500 $2,240,000 $2,240,000 $2,080,000 $2,080,000 This table shows the magnitude of new projects funding in the coming fiscal year and the planning for the following four years. Funded projects and longer-term planning are heavily influenced by the current development proposals in the city, which can change within any given year. Parks & Recreation System Master Plan | 3 Potential Funding Sources The citywide CIP also carries over nearly $27 million in projects that are completely funded. The new, existing and carried over projects include the following park and recreation system items: Lawrence-Mitty Park Master Plan Sports Center Upgrades Stevens Creek Corridor Park Chain Master Plan - McClellan Rd to Stevens Creek Blvd. Memorial Park Master Plan & Parking Study Senior Center Repairs Note: Subsequent action by the City Council on September 18, 2018 de-funded or deferred a number of the projects in the approved 5-year CIP. Potential New Sources and Mechanisms for Capital Projects There are several potential funding sources for park and facility capital projects and mechanisms for land acquisition that Cupertino is not currently using (but may have in the past). Combining these sources and mechanism is a typical strategy when developing complex projects. POTENTIAL FUNDING SOURCES Expanded Park Impact Fees. A Park Impact Fee is a funding source that supports capacity- enhancement projects to support new residential or commercial growth. These funds are authorized in Government Code §66000- 66025 (the "Mitigation Fee Act"), the bulk of which was adopted as 1987's Assembly Bill (AB) 1600 and thus are commonly referred to as "AB 1600 requirements." Currently, the City relies primarily on Municipal Code Chapter 13.08 Park Land Dedication Fee (described above), Chapter 18.24 Dedications and Reservations, and Chapter 14.05 Park Maintenance Fee to acquire and pay for new parks related to new development. The City can apply impact fees to residential, commercial or industrial development, if each has a measurable connection (or nexus) to increased park use. To establish this connection for non-residential development, pre-nexus and nexus studies with positive results would be required to establish impact fees for parks. General Obligation Bond. The City has the authority to request voter approval for general obligation bonds to finance the construction of improvements to the park system with a time- limited property tax increase. Requirements for a high threshold of approval (two-thirds of voters) makes general obligation bond tax measures challenging to pass, but the time-limited nature of these measures (the tax expires when the bonds are paid off) improves public perception in many cases. General Obligation bonds can only be used for capital improvements, not maintenance and operations. Grants. There are a variety of public and private granting agencies that fund park and recreation projects, each with its own priorities that dictate the types of projects that are eligible. These sources range from public agencies supporting environmental and water quality restoration to private foundations looking to improve health outcomes. In most cases, grant funds require a local contribution to the project and include specific project reporting protocols. For the City to proactively identify grant opportunities, dedicated staff time is needed for identifying, tracking, applying for and managing the grant process. While it is possible for a grant to cover programming or operational expenses, it is very uncommon, and grants should mainly be considered a capital funding source. Of statewide significance, the recent Parks, Environment and Water Bond (Proposition 68) passed in June of 2018 includes $725 million in competitive grants specifically targeted at “park-poor neighborhoods.” These funds will be awarded via the statewide competitive grants program. 4 | Parks & Recreation System Master Plan Potential Funding Sources Assessment District. An assessment district is a mechanism that allows cities to assess housing units or land parcels to maintain and improve street lighting, landscaping and parks that provide a special benefit to designated areas. Assessment districts help each property owner pay a fair share of the costs of such improvements over a period of years at reasonable interest rates. This ensures that the cost will be spread to all properties that receive direct and special benefit from the improvements constructed. Establishment of a new district or revision to an existing district requires a majority vote of the property owners. Landscape and Lighting Assessment Districts (LLADs) are used by California cities to fund park capital improvements and operations. The City of Cupertino does not currently have any special districts that fund parks and recreation improvements or operations. However, the Rancho Rinconada Recreation and Park District is an independent special district in east Cupertino that owns and operates the Rancho Rinconada pool and recreation center which serves residents of the area. Community Facilities District. The Mello-Roos Community Facilities Act of 1982 allows any county, city, special district, school district or joint powers authority to establish a Mello-Roos Community Facilities District (“CFD”) to finance public improvements and services. The services and improvements that Mello-Roos CFDs can finance include parks, as well as streets, sewer systems and other basic infrastructure, police protection, fire protection, ambulance services, schools, libraries, museums and other cultural facilities. Formation of a CFD requires a two-thirds vote of residents living within the proposed boundaries. If there are fewer than 12 residents, then the vote is instead conducted of current landowners. The assessment cannot be based on property value; instead, it is based on the size of the property or square footage of structures. By law, the CFD is also entitled to recover expenses needed to form the CFD and administer the annual special taxes and bonded debt. The special assessment continues until bonds are paid off and then is typically reduced to a level to maintain the investments. The ongoing component of a CFD makes it useful for major facilities that typically require an ongoing investment in operations. Cupertino does not currently have any CFDs for parks and recreation facilities. Parcel Tax. A parcel tax is levied on each parcel, and the tax rate may vary based on features of each property other than the property value. Similar to general obligation bonds, parcel taxes require a two-thirds vote of the community. However, parcel taxes offer flexibility in funding both capital and operations, and do not expire unless established with a sunset clause. The mix of funding is typically stated in the ballot measure and is fixed for the life of the tax. In the case of the 2016 Los Angeles County parks funding measure, the tax was based on the improved square footage of each property. A parcel tax can also be based on the number of dwelling units or a flat rate per parcel. If Cupertino were interested in exploring community interest in voter-approved funding mechanisms, the feasibility of a parcel tax should be included in the investigation. Community Benefits Agreement. Real estate developers can negotiate directly with communities (or a coalition of interests) and sign a contract known as a Community Benefit Agreement (CBA) promising to deliver specific amenities or mitigations to the local community. In exchange, the community group commits to support (or at least not oppose) the project. The benefits could include either park land or built features. Public–Private Partnerships. Partnerships are formal agreements between multiple entities (often a public agency and either a community-based organization or private enterprise) to provide services, facilities, or both. These partnerships are built to access skills and resources from all partners. While the public-private variation attracts the most attention, many public- public and non-profit partnerships have greatly benefited park and recreation systems. Parks & Recreation System Master Plan | 5 Potential Funding Sources LAND ACQUISITION MECHANISMS Cupertino has very little land available for park system expansion. When land can be purchased, the cost is high (valued in 2018 at $10,000,000 per acre). There are a variety of mechanisms to explore for park land acquisition. Direct Purchase or Fee Simple Acquisition. Direct purchase is the most customary means of acquiring park land in most communities. In many cases, a public agency purchases real property from a willing seller at fair market value. A fee simple purchase transfers full ownership of the property, including the underlying title, to another party. Most of Cupertino’s park land has been acquired through fee simple acquisition. Easement. An easement is a partial interest in real property. Easements are especially applicable in situations where the landowner is not interested in selling their land but is willing to place an easement on the property to dedicate the land for a specific purpose, in this case typically for park, recreation, conservation or trail purposes. The terms of an easement agreement are negotiated between the private landowner and the public agency to tailor the easement to needs of each party. Easements may be acquired by direct purchase or by donation. In park systems, easements are most typically seen for trail connections or for conservation purposes. Easements may be suitable for planned trail corridors where outright property acquisition is not desirable or feasible. Real Property Donations. A willing property owner may give real property or grant an easement as a donation to a public agency or a non-profit organization. In some cases, a property owner may agree to sell the property at less than fair market value. The property owner is paid for part of the value of the property and donates the remaining value, receiving tax benefits for the donation. To maximize the benefit (and attractiveness) of this mechanism, Cupertino would need a non-profit entity to accept the donation and provide the tax receipt. This could be a parks-specific or community foundation. The Trust for Public Land, land trusts and other organizations may also be able to play this role. Life Estate. In some cases, a property owner may donate or sell real property to a public agency but retain a life estate, through which they retain the right to use the property for the duration of their life. Land Swap. A land swap is a simultaneous, mutual transfer of real property between willing parties. Long Term Lease. A lease is a legal agreement granting the use of a property in exchange for payment for a specified length of time. For parks and recreation purposes, the payment may be nominal (e.g., $1 per year) and the term is often long (such as 99 years). Property Dedication. Dedication of real estate is a required donation of real property to a government for a public purpose, typically resulting from a land use or entitlement process. For example, cities sometimes require a property owner to dedicate right-of-way to widen a street or park land as part of a subdivision process. Conditions of Approval. Public agencies can require public use in some cases as a condition of approval of a land use action. Sometimes, public use is provided through dedication or easement to a public agency, and sometimes the private property owner retains ownership but must provide public access. San Francisco’s Privately Owned Public Open Spaces are an example of this. Land Trust. A land trust is an agreement through which one party (the trustee) agrees to hold ownership of a piece of property for the benefit of another party (the beneficiary). A land trust can also be a private nonprofit organization that as all or part of its mission actively works to protect land, often for conservation or affordable housing purposes. 6 | Parks & Recreation System Master Plan Potential Funding Sources Community Benefits Agreement. As noted, real estate developers can negotiate directly with communities (or a coalition of interests) and sign a contract known as a Community Benefit Agreement (CBA) promising to deliver specific amenities or mitigations to the local community, which can include park land. OPERATING FUNDS In addition to funds for capital projects, the City of Cupertino will need additional funds to maintain, operate, program and manage parks, facilities, programs and events. The City of Cupertino budgeted over $22 million in 2018-19 to provide parks and recreation services for the community, not including capital improvements. This includes $17,442,432 in funds tied to Recreation and Community Services. Along with another $4,530,150 for grounds maintenance (within the Public Works Department’s budget). Existing Sources of Operating Funding Cupertino’s parks and recreation services are funded primarily through city taxes and user fees for facilities and programs. User fees include everything from facility rentals to program fees. A comprehensive fee schedule is updated and adopted each year by resolution of the City Council. The City’s budget includes funds for park and recreation operations in several accounts: GENERAL FUND General Fund. Resources for the Recreation and Community Services Department are primarily from the General Fund. Funding for the maintenance of parks and recreation facilities is also designated from the General Fund to the Public Works Department. The General Fund, the City’s primary source of operating funding, is a limited pool of resources that funds all City services, not just parks and recreation. ENTERPRISE FUNDS Blackberry Farm Golf Course Fund. This fund pays for operating costs related to the Blackberry Farm Golf Course. Revenues are collected as fees from users of the golf course. While Blackberry Farm generates a substantial number of users and user fees, this fund is only for golf course operations. Sports Center Fund. This fund pays for operating costs related to the Sports Center. Revenues are collected as fees from users of the Sports Center. Recreation Programs Fund. This fund pays for operating costs related to the City’s community centers and park facilities. Revenues are collected as fees for recreation programs at the City’s community centers and park facilities. Potential Expanded and New Sources for Operations and Services There are fewer sources of operating funding available for parks and recreation services, and securing ongoing sources committed to parks and recreation will be challenging. Options to expand existing sources of operations funding and identify new sources are noted below. Increased General Fund Support. The Recreation & Community Services Department could make a case to increase General Fund support for parks maintenance, programming and events. The City could make the case for increasing General Fund support in a variety of ways. First, park and facility maintenance needs will increase as new project are brought Parks & Recreation System Master Plan | 7 Potential Funding Sources online. Second, community priorities for enhanced recreation opportunities and programming services were noted in outreach activities. Third, there are many citywide benefits associated with parks and programs. For example, the health benefits of parks, trails, recreation programming and natural spaces provide a substantial (although indirect) financial benefit in the off-setting of public and private health care costs. The proper maintenance of park sites has been shown to maintain and increase surrounding property values, one of the tax bases that the General Fund relies on. Further, the attraction value of park and recreation events and programming draw visitors who support the sales tax base. Park lands and recreation services also reduce the cost of other critical City services, such as water retention/treatment and crime prevention. It is possible, though not necessarily simple, to increase General Fund support for parks and recreation services through lesser known mechanisms, including the following. o Utility User Tax (UUT). California cities can, with voter approval, levy a tax on utilities such as electricity, gas, water, sewer, telephone (including cell phones and long-distance services), sanitation, and cable television. The rate of the tax and the use of revenues is determined by the City. The revenues are most often used for essential services, including police, fire, streets, and parks. Cupertino currently levies 2.4% on telecommunications, electricity and gas. This falls in the low range for California cities with UUTs (average is around 5%). Majority voter approval is needed to increase an established UUT. Expanded UUTs could expand the resources to the General Fund, potentially allowing more non-UUT funds to be allocated to parks and recreation. o Hotel Tax (Transient Occupancy Tax). Taxes on people staying less than 30 days in a city help support public services and facilities that make an area a good destination for business or vacation travel. Many cities use Hotel Taxes to pay for park improvements. In 2011, Cupertino increased the hotel tax from 10% to 12% to ensure funding for general city services, including library services, neighborhood police patrols, rapid 9-1-1 emergency response times, city street maintenance, current levels of police officers and school traffic safety and crossing guards. Parks and recreation services do not receive TOT funds at this time. Increased Enterprise Fund Revenues. The City of Cupertino uses three enterprise funds to track the revenues and expenditures associated with key areas of service (Blackberry Farm Golf Course, the Sports Center and Recreation Programs). Additional resources could be generated within these funds by increasing fees or adding revenue generating services and concessions. Expanded User Fees. Currently, over $6 million is generated from charges for services (user fees) in the Recreation and Community Services budget. Some of these fees are accrued to one of the three enterprise funds, but some are accrued to the Recreation and Community Services General Fund budget. This Master Plan recommends defining a fee philosophy, methodology and cost recovery goals for fees and charges for programs and services, as well as re-evaluating options for park and facility rentals to improve customer service but also generate more revenues. While some programs benefit only individuals and some services are premiums on top of the essential park and recreation experience, price increases across the board can limit access to key community services and reduce use of parks and programming. Assessment District. As previously described, an assessment district is a mechanism that allows cities to assess housing units or land parcels for amenities that provide a special 8 | Parks & Recreation System Master Plan Potential Funding Sources benefit to designated areas. A Landscape and Lighting Assessment District can fund operations as well as capital improvements. Community Facilities District. CFD’s are described in the capital section above. One of the important features of a CFD is the ability to designate a portion of the funding for operations and maintenance of facilities. Parcel Tax. The details of parcel taxes are included in the capital section. Like some other special taxes, a portion of the revenue can be designated for operational purposes. It is important to note that parcel taxes do not necessarily include an expiration date but often do to increase the appeal to voters. Operating Levy. Cities can levy additional taxes (primarily sales taxes) to fund operations and can choose to target these requests to specific areas or programs. As with other special taxes in California, a super-majority (2/3rds of voters) is required to pass the measure. The high standard of approval has limited this method to only the most popular of purposes. Public–Private Partnerships. Some partnerships have strong potential for operating parks and recreation facilities and services. Many cities have partnered with non-profit organizations, such as the YMCA, to operate facilities on city-owned land. Other types of partner entities can take on management of an entire site or program, such as Cupertino’s relationship with Audubon at McClellan Ranch Preserve. Sponsorships. The City may solicit sponsors who are willing to pay for advertising, signage, facility naming rights, etc., generating funds to support operations. In addition, sponsors are often sought to support a particular event or program, such as a concert or movie series. Concessions. Food, beverage and merchandise vendors or concessionaires that operate restaurants, coffee kiosks, rentals of equipment (such as bicycles or games) or provide other revenue-generating facilities or services in parks can also generate excess revenues to support the park system. The City can establish contracts with vendors and concessionaires for these services. In some cases, concessions can generate revenue for the agency. DEPARTMENT OF RECREATION & COMMUNITY SERVICES QUINLAN COMMUNITY CENTER 10185 N. STELLING ROAD • CUPERTINO, CA 95014-5732 TELEPHONE: (408) 777-3135 • FAX: (408) 777-3137 PARKS AND RECREATION COMMISSION DRAFT WORK PLAN FISCAL YEAR 2018/19 Updated 10/25/18 August 2, 2018 Vallco Specific Plan Presentation All Inclusive Playground Feasibility Study – Concept Plans Citywide Parks and Recreation System Master Plan - Goals, Objectives and Actions September 6, 2018 Haul Road Trail Donation and Improvements Citywide Parks and Recreation System Master Plan – Park Recommendations, New Park and Recreation Facilities, and Added Recreation Elements October 4, 2018 – Special Meeting Teen Center and Teen Programs Presentation Jollyman Park Unfenced Dog Off-Leash Area Trial Survey November 1, 2018 Neighborhood Events Update Organizational Structure Presentation Citywide Parks and Recreation System Master Plan Update December 13, 2018 – Special Meeting Cupertino Shuttle Survey Results Presentation Bicycle Pedestrian Commission Presentation Sievert Property Presentation Electronic Sign Presentation Commission Priorities for the City Work Plan Citywide Parks and Recreation System Master Plan Draft Plan Presentation January 2019 – To Be Determined Active-Net Presentation and Demonstration Case Management Presentation Senior Advisory Council Presentation Strategic Partnerships with Non Profits Work plan Item Update Citywide Parks and Recreation System Master Plan Update February 7, 2019 Citywide Parks and Recreation System Master Plan Update – Draft Plan with Public Input Strategic Plan “Draft Plan” Review Recreation Department Budget Packages Connected or Smart City March 7, 2019 CUSD Joint Use Agreement for Facilities Presentation Citywide Parks and Recreation System Master Plan Update Corridor Master Plan Update Marketing Plan presentation by consultant April 4, 2019 Strategic Plan for Equity and Access to Recreation Programs – Update Jollyman Dog Park Update National Accreditation Update Citywide Parks and Recreation System Master Plan Update – Council Comments May 2, 2019 Sports Center Upgrades Presentation June 6, 2019 National Accreditation Visit Update July 4, 2019 (No Meeting) August 1, 2019 Special Meetings to Be Scheduled San Francisco Roof Top Park Visitation Splash Pad Field Trip Amphitheatre Visit Items to schedule: o Community Gardens Construction Update o State of the Trails Presentation o Emergency Services Update o Bee Apiary/Bee Guild Update (put into Master Plan) o Lawrence-Mitty Project Update o Comprehensive Revenue Policy o Partnerships with CUSD/Sedgwick Property