APPROVED MINUTES*
SUNNYVALE CITY COUNCIL
June 21, 2005
The City Council of the City of Sunnyvale adjourned from a 5:30 p.m. Closed Session regarding a Conference with Labor Negotiators Pursuant to Government Code section 54957.6: Labor Negotiators: Peter Brown, Liebert Cassidy Whitmore and Jane Fleenor, Interim Director of Human Resources; Employee Organizations: Service Employees International Union (SEIU) - Local 715 and Public Safety Officers Association (PSOA), and met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California at 7:00 p.m., with Mayor Chu presiding.
SALUTE TO THE FLAG
Mayor Chu led the salute to the flag.
ROLL CALL
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PRESENT: |
Mayor Dean J. Chu
Vice Mayor Ron Swegles
Councilmember Fred Fowler
Councilmember Julia Miller via teleconferencing
Councilmember John Howe
Councilmember Melinda Hamilton
Councilmember Otto Lee
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ABSENT: |
None
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STAFF PRESENT: |
Amy Chan, City Manager
Robert Walker, Assistant City Manager
David Kahn, City Attorney
Robert Paternoster, Director of Community Development
Lorrie Gervin, Environmental Division Manager
Pete Gonda, Senior Management Analyst
Mary Bradley, Finance Director
Grace Kim, Finance Manager
Marvin Rose, Public Works Director
Nancy Bogard Steward, Superintendent of Arts & Recreation,
Curtis Black, Interim Parks & Recreation Director
Katherine Bradshaw Chappelear, City Clerk
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CLOSED SESSION REPORT
Vice-Mayor Swegles reported there was no action taken at the Closed Session held on June 15, 2005 at 5:30 p.m. pertaining to: Conference With Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation, Pursuant to Government Code Section 54956.9.b: SMaRT Station Operating Agreement.
Vice-Mayor Swegles reported there was direction given but no action taken at the Closed Session held on June 21, 2005 at 5:30 p.m. pertaining to: Conference with Labor Negotiators Pursuant to Government Code 54957.6: Labor Negotiators: Peter Brown, Liebert Cassidy Whitmore and Jane Fleenor, Interim Director of Human Resources; Employee Organizations: Service Employees International Union (SEIU) - Local 715 and Public Safety Officers Association (PSOA)
PUBLIC ANNOUNCEMENTS
Mayor Chu announced that the State of the City Address will be held on July 4th at Washington Park from 11:30 a.m. to 2:00 p.m. In addition to the State of City Address, there will be a barbecue at a nominal fee of $1 per person and community awards will be presented during the event.
Dave Whittum, member of the public, announced that the Heritage District Neighborhood Association will be starting a voter registration drive on July 8th at 7:00 p.m. at the Murphy Park building. In addition to the drive, the Neighborhood Association will also be holding a joint monthly meeting with Lowlanders Association that evening.
Vice-Mayor Swegles announced 61 people attended the City Community Engagement Workshop and thanked the participants for attending in the workshop.
CONSENT CALENDAR
Mayor Chu asked that item 1.A. be removed.
Vice-Mayor Swegles moved and Councilmember Lee seconded to approve the Consent Calendar with the exception of Item 1.A. Motion carried unanimously 7-0.
Mayor Chu indicated there was a typographical error in the amended minutes – “Flay” should read “Flag.” Mayor Chu read the entire paragraph noting the changes into the record.
Public hearing opened at approximately 7:05 p.m. There being no public testimony, the public hearing was closed.
Councilmember Howe moved and Vice Mayor Swegles seconded to approve the minutes of the Regular Meeting of June 14, 2005, as amended. Motion carried unanimously 7-0.
Fiscal Items
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1.C. |
MOTION
RTC 05-189 |
List of Claims and Bills Approved for Payment by the City Manager (List No. 251)
Staff Recommendation: Review list of bills.
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1.D. |
MOTION
RTC 05-175 |
Transmittal of Development Services Program FY 2002/2003 Performance Audit Report
Staff Recommendation: Alternative No. 1 – Receive the audit report and concur with management’s acceptance of recommendations.
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1.E. |
MOTION
RTC 05-180 |
FY 2004/2005 Department of Employment Development Expenditure and Revenue Update and Budget Modification No. 33
Staff Recommendation: Adopt Budget Modification No. 33.
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1.F. |
MOTION
RTC 05-187 |
Authorization for NOVA to Apply for Additional Funding Not to Exceed $12 Million to Serve Dislocated Workers in Silicon Valley Region
Staff Recommendation: Approve the submission of proposals not to exceed $12 million to the State of California and/or the U. S. Department of Labor for dislocated workers funding.
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.G. |
MOTION
RTC 05-192 |
Authorization for NOVA to Apply for Continued Disability Program Navigator Funding Not to Exceed $200,000
Staff Recommendation: Approve the submission of an application to the State of California for continued Disability Program Navigator funding not to exceed $200,000.
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Contracts
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1.H.
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MOTION
RTC 05-197 |
Authorization to Amend an Existing Contract for Temporary Personnel Placement Services (F0406-69)
Staff Recommendation: Alternative No. 1 – Authorize the amendment of an existing contract with Randstad US, LP, in substantially the same form as the attached draft, to increase its mark-up rates by 3% across the board, effective July 1, 2005 through December 31, 2005, with an additional 3% increase, effective January 1, 2006. |
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1.I. |
MOTION
RTC 05-184 |
Award of Contract for Motorola Radio Communication Systems Maintenance (F0406-70)
Staff Recommendation: Award a one-year contract, in substantially the same form as the attached draft and in an amount not to exceed $177,366, to Motorola, Inc. for the maintenance of the City’s radio communications systems.
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1.J. |
MOTION
RTC 05-183 |
Award of Request for Proposal No. F0402-33 to Provide Uniforms for Certain City Employees
Staff Recommendation: Award a three-year contract, with an option to extend the contract for two additional two-year periods, for uniform rental services to Aramark Uniform Services in substantially the same form as the attached Blanket Purchase Order.
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1.K. |
MOTION
RTC 05-174 |
Award of Contract for Software Maintenance Services for the Integrated Financial System (F0406-71)
Staff Recommendation: Award a one-year contract, in substantially the same form as the attached draft and in an amount not to exceed $82,359, to Tier Technologies, Inc., for software maintenance services for the City’s Integrated Financial System.
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1.L.
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MOTION
RTC 05-195 |
Authorization for City Manager to Execute Grant Funding Agreement for the Murphy Avenue Streetscape Project and Award of Contract for Project Design
Staff Recommendation: Authorize City Manager to execute the grant agreement and award contract.
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Other Items
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1.M. |
MOTION
RTC 05-188 |
Response to Civil Grand Jury Report on Tasers – Training and Tracking
Staff Recommendation: Respond to the Grand Jury Report, by letter, indicating “Agreement” with the Report Finding, and decline responses to the Recommendation by indicating neither are applicable.
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1.N. |
RESOLUTION
NO. 167-05
RTC 05-169 |
Adopt Resolution Calling for a General Municipal Election for November 8, 2005 for the Election of Councilmembers for Seat Numbers 1, 2 and 3; and Requesting Consolidation of the Election with the County of Santa Clara Registrar of Voters
Staff Recommendation: Alternative No. 1 – Call the election and request consolidation with the County |
CITIZENS TO BE HEARD
Tap Merrick, member of the public, spoke regarding his concern for the health and well-being of the children in the City of Sunnyvale. Mr. Merrick indicated children are not walking or riding their bikes to school and many go home to play video games, which is leading to a more inactive child-based population. Mr. Merrick asked Council to consider ways to purchase 8 acres of field at Peterson Middle School for youth programs by selling off assets the City holds at the corner of Mathilda and El Camino or the corner of Wolfe and El Camino and Fremont. Mr. Merrick also noted the Raynor Activity Center is under-utilized and could be sold to purchase the property at the Peterson Middle School.
Barry Warmkessel, member of the public, spoke regarding the Best Buy/Pet Smart Sand Hill development on El Camino. Mr. Warmkessel voiced his concerns about the semi-paving over the landscape greenbelt section; the existing redwoods on the site; and other issues. Mayor Chu directed staff to respond to Mr. Warmkessel’s concerns.
Councilmember Howe asked staff to respond to Mr. Warmkessel’s concerns regarding the Planning Commission’s approval powers.
Dave Whittum, member of the public, spoke regarding the establishment of a Yahoo Group and asked residents and the council to visit the site at hdnatalk@yahoo.com. Mr. Whittum thanked the City for holding the community engagement workshop this week-end and for publicizing the positive results of neighborhood associations. Mr. Whittum also thanked the public works department for the ADA access to CalTrain. Mr. Whittum concluded by indicating he is always concerned with finding money available to deal with noise mitigation in his neighborhood.
PUBLIC HEARINGS/GENERAL BUSINESS
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2. |
MOTION
RTC 05-193 |
Boards and Commission Appointments for 2005 - Phase 1 Spring Recruitment |
Katherine Chappelear, City Clerk, presented the staff report.
Mayor Chu opened the public hearing at 7:32 p.m. There being no public testimony, the public hearing was closed at 7:33 p.m.
Councilmember Lee moved and Councilmember Hamilton seconded to approve staff recommendation for: Alternatives No. 1 and 4 – Make appointments from available candidates and then wait until the Fall Recruitment to fill the remaining vacancies. Motion carried unanimously 7-0.
Appointments are as follows:
Bicycle & Pedestrian Advisory Committee - Thomas Reuner and Andrea Stawitcke
Board of Building Code Appeals - Nick Pal (incumbent)
Board of Library Trustees - John Lilly
Child Care Advisory Board - Lisa Taiz
Councilmember Hamilton moved and Councilmember Howe seconded to reconsider the appointment of Mr. Oliver since he showed a preference to serve on the Parks & Recreation Commission. Motion carried unanimously 7-0.
Heritage Preservation Commission - Amrit Verma
Housing & Human Services Commission - Charles Keeler, Pat Meyering
Parks & Recreation Commission - Robert Kinder, Richard Oliver
Personnel Board - Werner Gans (incumbent), Stephanie Saprai
Councilmember Howe recused himself from participating in the vote for Planning Commissioner.
Planning Commission Brandon Sulser (incumbent)
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3. |
MOTION
RTC 05-178 |
Consideration of Vehicular Access for Waterfowl Hunting at Pond A3W Adjacent to the Water Pollution Control Plant
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Lorrie Gervin, Environmental Division Manager, presented the staff report and responded to questions pertaining to: the effect the request would have on other ponds along the levy; length of approval period, granting access to pond A3W; price of a hunting license; staff’s opinion on the differences between Alternatives 1 and 3; and whether their was vehicular access to the pond when Cargill owned the pond.
Mayor Chu opened the public hearing at 7:57 p.m.
Clyde Morris, Don Edwards San Francisco Wildlife Refuge Manager, indicated the Refuge supports hunting on the ponds and vehicular access to Pond A3W along the levy road. Mr. Morris responded to questions pertaining to: the mission of the Don Edwards San Francisco Wildlife Refuge and how the decision to support the request promotes the goals of the Refuge; environmental impact that hunting would have on the pond area from shells or casings; hunting season for waterfowl; whether there are other types of hunting allowed in the area; number of days allowed for hunting on the pond; approximate number of hunting trips during the season; whether allowing access would increase the number of hunters visiting the site; whether Mt. View allows access for duck hunting; whether there is access at Eden Landing across the Bay; ponds on the west side of the Bay that are open for hunting; whether access on both sides of the Bay would impede hunting; whether revenues are received by Fish & Game from purchasing the duck hunting license; and revenues associated with the opening of the ponds for duck hunting.
There being no further public testimony, Mayor Chu closed the public hearing at 8:14 p.m.
Councilmember Lee moved and Councilmember Fowler seconded to approve Alternative No. 2. - Reconsider the decision to prohibit the provision of vehicular access for waterfowl hunting on Pond A3W.
Councilmember Howe offered a friendly amendment to limit the approval to a two-year period. Councilmembers Lee and Fowler accepted the friendly amendment.
Councilmember Miller offered a friendly amendment to limit the approval to one year. Councilmember Lee did not accept the friendly amendment.
Motion carried unanimously 7-0.
4. |
ORDINANCE
RESOLUTION
NO. 168-05
MOTION
RTC 05-191
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Potential Increase to the Transient Occupancy Tax – Proposed Tax Structure, Call for November 8, 2005 Municipal Election Regarding the Transient Occupancy Tax and Examination of Related Ballot Measure Language
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Pete Gonda, Senior Management Analyst, presented the staff report and introduced Mary Bradley, Finance Director. Staff responded to questions pertaining to: effect the potential rate increase will have on the rate for a hotel room; average room rate of a hotel in Sunnyvale; current occupancy rate; and ways to collect Transient Occupancy Tax (TOT) from internet bookings.
Mayor Chu opened the public hearing at 8:37 p.m.
Steve Summers, hotel owner, spoke regarding the current occupancy rate which he noted is currently below 40 percent in Sunnyvale. Mr. Summers indicated he had attended a conference on the future of the hotel industry and he learned the current business travel is at 38 percent occupancy and vacation travel is at 97 percent occupancy. Mr. Summers indicated that hotels are being devalued and this has been a trend for some time. Mr. Summers felt monies collected from the TOT should be used to promote tourism in the city which will increase the number of visitors in Sunnyvale and those staying in hotels in the Sunnyvale, thereby increasing funds the City would receive from the collection of the TOT. Mr. Summers responded to questions pertaining to: what the hotel industry will be like in two years and the impact the increase in the TOT will have on the hotel industry; average percentage of rentals; cost to rent a hotel room; and the effect internet bookings has on TOT revenue collected and paid to the city.
Arley Marley, Chamber of Commerce Chairperson, spoke regarding the proposed increase to the TOT. Mr. Marley indicated the Chamber Board does support the proposed increase to the TOT; however, the Chamber would like to have a portion of the funds collected placed in the General Fund to assess a marketing campaign to help the industry and the Chamber would like to be an active voice in the process. Mr. Marley responded to questions pertaining to the earmarking of the funds and whether the Chamber was requesting the City to place a special tax on the ballot before the voters in Sunnyvale.
Councilmember Fowler indicated he would like to sponsor a study session issue on promoting the hospitality industry. Vice-Mayor Swegles indicated he would like to co-sponsor the study session issue. Councilmember Lee also indicated he would like to co-sponsor the study session item.
Tim Thiel, President of the Sunnyvale Employees Association (SEA), informed the Council that both he and the SEA support the proposed increase to the TOT.
Werner Gans, member of the public, spoke regarding inflation and the increase in the cost of providing City services. Mr. Gans felt that if City services were to be maintained the City needed additional funding; however, it was important to realize the budget for the past three years had been in a deficit mode and would continue to be in such a mode in fiscal year 2005/06. Mr. Gans urged the Council to put the measure on the ballot with the increase to go into effect in 2006.
There being no further public testimony, Mayor Chu closed the public hearing at 9:02 p.m.
Vice-Mayor Swegles moved and Councilmember Lee seconded to approve staff recommendation: Alternatives No. 1, No. 7 and No. 10(a) – Adopt a Resolution calling for an election, to be held in conjunction with the General Municipal Election scheduled for November 8, 2005, to propose a ballot measure to gradually increase the Transient Occupancy Tax rate by a total of 1.0% as follows:
· No increase in 2005 or 2006
· 0.5% increase effective January 1, 2007
· No increase in 2008
· Additional 0.5% increase effective January 1, 2009, provided that the average citywide hotel/motel occupancy rate is at least 60% for the 9-month period from January 1, 2008 through September 30, 2008
· Otherwise the additional 0.5% increase will become effective January 1, 2010.
Motion carried unanimously 7-0.
Katherine Bradshaw Chappelear, City Clerk, read the title of the related ordinance introduced into the record: “An Ordinance of the City Council of the City of Sunnyvale Amending 3.16 of the Sunnyvale Municipal Code Relating to Transient Occupancy Tax Procedures.”
Councilmember Fowler, Mayor Chu and Vice-Mayor Swegles volunteered to prepare the ballot argument in favor of the measure.
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5. |
RESOLUTION
NOS. 169-05; 172-05; 173-05
MOTION
RTC 05-196 |
Adoption of the FY 2005/2006 Budget, Master Fee Schedule and Appropriations Limit
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Grace Kim, Finance Manager, presented the staff report and responded to questions pertaining to: lighting on Murphy Street in the downtown area; amount of funding left for lighting maintenance on Murphy Street; proposed budgeted amount for landscape maintenance in the 100 block of Murphy Street; current budget amount for landscape maintenance on Murphy Street; anticipated start date of streetscape redesign on Murphy Street; budgeted amount for street cleaning and litter pick up on Murphy Street; reason why maintenance was not budgeted for Murphy Street; and whether litter pick-up is being done all along Murphy Street or only in the landscaped areas on Murphy Street.
Mayor Chu asked the City Attorney for clarification on the public hearing process and whether there is a need to re-open the public hearing for public comment.
Mayor Chu opened the public hearing at 9:33 p.m.
Dave Whittum, member of the public, spoke regarding the projects that were not a high priority on the budget list. Mr. Whittum indicated he was opposed to the proposed budget. Mr. Whittum indicated ADA compliance should be a higher priority than the painting of the water tower or the purchase of furniture. Mr. Whittum concluded by asking for help in his neighborhood with noise mitigation measures.
There being no further public testimony, Mayor Chu closed the public hearing at 9:35 p.m.
Councilmember Fowler moved and Councilmember Howe seconded to approve staff recommendation: Alternative No. 1 - Adopt each of the resolutions as presented in the staff report.
Councilmember Howe offered a friendly amendment to fund $12,400 from the capital project, to be used, if necessary, for landscape maintenance on the 100 Block of Murphy Avenue for one fiscal year.
Councilmember Fowler accepted the friendly amendment. Motion carried unanimously 7-0.
Councilmember Howe indicated he would like to sponsor a study session issue on ADA access to the train station from the north end of Sunnyvale. Councilmember Hamilton indicated she would co-sponsor the study session issue.
Councilmember Howe suggested that a vote be held now rather than later to continue any public hearing items so the public does not have to wait.
Councilmember Fowler suggested Items 7, 8 and 9 would be relatively short, based on past experience.
Councilmember Miller terminated her teleconference participation in the meeting at 9:52 p.m.
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6. |
MOTION
RTC 05-198 |
Evaluate Options for Administration of Fee Waiver Program |
Nancy Bogard Steward, Superintendent of Arts & Recreation, presented the staff report and introduced Interim Parks & Recreation Director Curtis Black.
Mayor Chu opened the public hearing at 9:55 p.m.
Bob Lawson, Parks & Recreation Commission representative, responded to a question.
Nancy Tivol, Executive Director of Sunnyvale Community Services, voiced her support of the proposal. Ms Tivol responded to a question pertaining to overlap of services the Community Services agency provides.
Wallace Harper, Vice-Chairman of the Arts Committee, voiced the Committee’s support of the amended agreement and staff’s recommendation.
There being no further public testimony, Mayor Chu closed the public hearing at 10:00 p.m.
Councilmember Howe moved and Councilmember Hamilton seconded to approve staff recommendation: Alternative No.1 - Approve the amended agreement with Sunnyvale Community Services per Attachment D, pay Sunnyvale Community Services on a monthly basis, up to a maximum of $10,000, to administer the Recreation Fee Waiver Program for FY 2005/2006 and continue to evaluate the program and provide recommendations on an annual basis via the City Manager’s recommended budget. Motion carried unanimously 6-0 with Councilmember Miller absent.
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7. |
RESOLUTION
NO. 170-05
RTC 05-190 |
Public Hearing to Cause Charges for Non-Payment of Utility Services and Non-Payment for the Cost of Abatement of Public Nuisances to be Placed on the FY 2005/2006 Tax Roll
Staff Contact: Tim Kirby, (408) 730-7380
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Mayor Chu opened the public hearing at 10:03 p.m. There being no public testimony, Mayor Chu closed the public hearing at 10:04 p.m.
Councilmember Lee moved and Vice Mayor Swegles seconded to approve staff recommendation: Alternative No. 1 – Adopt a resolution causing charges for non-payment of utility services and non-payment for the cost of abatement of public nuisances to be placed on the FY 2005/2006 tax roll. Motion carried unanimously 6-0 with Councilmember Miller absent.
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8. |
RESOLUTION
NO. 171-05
RTC 05-194 |
Collection of Wastewater Charges for Property Outside the City on the FY 2005/2006 Property Tax Roll
Staff Contact: Tim Kirby, (408) 730-7380
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Mayor Chu opened the public hearing at 10:05 p.m. There being no public testimony, Mayor Chu closed the public hearing at 10:06 p.m.
Councilmember Howe moved and Councilmember Fowler seconded to approve staff recommendation: Alternative No. 1 – Adopt the resolution approving the proposed assessments. Motion carried unanimously 6-0 with Councilmember Miller absent.
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9. |
ORDINANCE
NO. 2784-05 |
Adoption of an Ordinance of the City Council of the City of Sunnyvale Amending the Precise Zoning Plan, Zoning Districts Map, to Rezone Certain Property Located at 485 East McKinley Avenue from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential / Planned Development) Zoning District |
Mayor Chu read the Ordinance into the record, “An Ordinance of the City of Sunnyvale amending the Precise Zoning Plan, Zoning Districts Map to rezone certain property located at 485 E. McKinley Avenue from R-2 (Low-Medium Density Residential) to R-2/PD (Low-Medium Density Residential/Planned Development) Zoning District.”
Councilmember Fowler moved and Vice Mayor Swegles seconded to approve the ordinance. Motion carried unanimously 6-0 with Councilmember Miller absent.
NON-AGENDA ITEMS & COMMENTS