June 20, 2006
SUBJECT: Confirmation of Bicycle and Pedestrian Advisory Committee Appointments
REPORT IN BRIEF
On June 13, 2006, Council made several appointments to City Boards and Commissions. This report seeks to confirm Council’s intent to appoint Bicycle and Pedestrian Advisory Committee members to specific categories of service
BACKGROUND
On the evening of June 13, 2006, City Council made several appointments to various City Boards and Commissions, as well as, the Bicycle and Pedestrian Advisory Committee (BPAC). The result of Council’s action with regard to the BPAC was the appointment of Kevin Jackson, James Manitakos, Jr., John “Thomas” Mayer, and Richard Warner. None of the individuals were appointed to a specific category of the BPAC, and one of the individuals was appointed having received only 3 Council votes.
EXISTING POLICY
City Charter, Section 1002: The member of each board or commission shall be appointed, and shall be subject to removal, by motion of the City Council adopted by at least four affirmative votes.
Council Policy 7.2.11 (Board and Commission Appointment Process): Council will vote on each applicant. The candidate receiving the most votes, as well as a majority vote, will be appointed.
BPAC By-laws: The member of the Committee shall be selected from two categories. Category one shall be bicyclists or pedestrians in the City of Sunnyvale. Category two shall include members of the PTA or other parent groups, representatives of the Santa Clara Unified School District or Sunnyvale School District administrations, commute coordinators for major employers with the City, members of neighborhood associations, principals or teachers from Sunnyvale schools, or persons interested in park and recreational activities in the City.
DISCUSSION
While staff believes that the results of the June 13, 2006 appointments to City Boards and Commissions reflect the will of the City Council, staff would like to clarify two issues relative to the BPAC appointments.
1) The City Charter requires that Board and Commission appointees receive a minimum of four votes; Council policy requires that Board and Commission appointees receive a majority vote. James Manitakos, Jr. was appointed with 3 votes. While this represented the largest number of votes received for that specific appointment, Mr. Manitakos received neither 4 votes nor a majority vote of Council (there were 6 Councilmembers present). As a result, this report seeks to confirm Council’s intent to appoint James Manitakos, Jr. to the BPAC. Please note that Council’s own policy does not comply with the City Charter (one could have five Councilmembers present, representing a quorum, and comply with Council policy by appointing Board and Commission members with a majority vote of 3. This, however, would not comply with the City Charter, which requires a vote of 4 to appoint Board and Commission members). Staff plans to address this inconsistency, along with other recommended policy revisions, when it responds later this year to Council’s request of June 13, 2006 to review eligibility requirements for Board/Commission members, and to explore the possibility of incorporating the Building Code of Appeals into another Board or Commission.
2) The by-laws of the BPAC require that members be appointed to one of two specific categories (see above), and that a specific number of BPAC members represent each of these categories. Ideally, staff would have clarified—prior to calling for a Council vote—the fact that two appointments were required for each category of the BPAC. Furthermore, staff would have informed Council regarding the categories to which each candidate had applied. In this manner, Council could have ensured that the correct number of appointments were made to each category. While staff did not do so, Council did appoint four members, two who had applied for category one, and two who had applied specifically for category two. The result of Council’s action satisfies the BPAC by-laws; however, given that Council did not specify the category to which it wished to appoint individual Committee members, this report seeks to confirm that Council appoints the following individuals to the following specific category of BPAC service:
Kevin Jackson: Category Two
John “Thomas” Mayer: Category Two
James Manitakos, Jr.: Category One
Richard Warner: Category One
FISCAL IMPACT
There is no fiscal impact associated with the report.
Conclusion
Staff believes that Council’s actions of June 13, 2006 to appoint certain individuals to the Bicycle and Pedestrian Advisory Committee represent the will of City Council. Given a lack of specific information provided to City Council that evening; however, staff does want to confirm Council’s intent.
PUBLIC CONTACT
Public contact was made through posting of the Commissions and Council agenda and report on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the City Clerk’s office and Library. Members of the Bicycle and Pedestrian Advisory Committee (including those appointed on June 13, 2006) were also provided a copy of this report.
ALTERNATIVES
- Council confirms the appointment of James Manitakos, Jr. to the Bicycle and Pedestrian Advisory Committee.
- Council confirms the appointment of the following individuals to the following specific categories of BPAC service:
Kevin Jackson: Category Two
John “Thomas” Mayer: Category Two
James Manitakos, Jr.: Category One
Richard Warner: Category One
- Council does not confirm the appointment of James Manitakos, Jr. to the Bicycle and Pedestrian Advisory Committee.
- Council does not confirm the appointment of the following individuals to the following specific categories of BPAC service:
Kevin Jackson: Category Two
John “Thomas” Mayer: Category Two
James Manitakos, Jr.: Category One
Richard Warner: Category One
- Other action as determined by Council.
RECOMMENDATION
Staff recommends Alternative Nos. 1 and 2: Council confirms the appointment of James Manitakos, Jr. to the Bicycle and Pedestrian Advisory Committee; and Council confirms the appointment of the following individuals to the following specific categories of BPAC service:
Kevin Jackson: Category Two
John “Thomas” Mayer: Category Two
James Manitakos, Jr.: Category One
Richard Warner: Category One
Reviewed by:
Robert Walker, Assistant City Manager
Prepared by: Robert A. Walker, Assistant City Manager
Approved by:
Amy Chan
City Manager