PRESENT:

Mayor Anthony Spitaleri

Vice Mayor Melinda Hamilton

Councilmember John Howe

Councilmember Otto Lee

Councilmember Ron Swegles

Councilmember Christopher Moylan

Councilmember David Whittum

ABSENT:

None

STAFF PRESENT:

City Manager Amy Chan

Assistant City Manager Robert Walker

City Attorney David Kahn

Director of Community Development Hanson Hom

Director of Libraries Deborah Barrow

Director of Finance Mary Bradley

Director of Public Works Marvin Rose

Finance Manager Grace Leung

Director of Finance Mary Bradley

Planning Officer Trudi Ryan

Superintendent of Field Services Jim Craig

Assistant to the Director of Parks and Recreation Cathy Merrill

Director of Parks and Recreation David Lewis

Director of Public Safety Don Johnson

City Clerk Gail Borkowski

1.A.

Approval of Revised Draft Minutes of June 3, 2008

1.B.

Approval of Information/Action Items – Council Directions to Staff

1.C.

RTC 08–184

List of Claims and Bills Approved for Payment by the City Manager – List No. 404

Staff Recommendation: Council reviews the attached lists of bills.

1.D.

RTC 08–188

Program 736 Public Records and City Elections Budget Overrun and Approval of Budget Modification No. 57

Staff Recommendation: Council approves Budget Modification No. 57 to appropriate $162,552 from the General Fund 20-Year Resource Allocation Plan Reserve to cover the overage in the Public Records and City Elections Program for FY 2007/08.

1.E.

RESOLUTION

RTC 08–185

Amendment to the Salary Resolution – Military Reservist Extension of Benefits and Supplemental Salary

Staff Recommendation: Council adopts a resolution to extend benefits and supplemental salary through June 30, 2009.

1.F.

RESOLUTION

RTC 08–164

Sunnyvale Pledge and Resolution in Support of Manufacturer Responsibility (“Product Stewardship”) Approach to Reducing Local Government Costs for Disposal of Electronic Waste and Other Hazardous Wastes

Staff Recommendation:

·        Council authorizes the City Manager to sign the California Product Stewardship Council (CPSC) pledge of support;

·        Council authorizes payment of $2,000 for CPSC associate fees in FY 2008/09; and

·        Council adopts the model CPSC product stewardship resolution.

1.G.

RTC 08–163

Appointment of Representative to Silicon Valley Library System Advisory Board for the 2008-2010 Term

Councilmember Whittum stated he abstained due to his interest in knowing whether the public had an opportunity to apply for this appointment. Director of Libraries Deborah Barrow explained that the process is that the Board of Library Trustees makes the nominations.

Public comments opened.

No speakers.

Public comments closed.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve Alternative 1: Council appoints the candidate Jim Griffith as nominated by the Board of Library Trustees.

VOTE: 6-0 (Councilmember Whittum abstained)

Vice Mayor Hamilton inquired as to why an abstention vote was cast. 

Councilmember Whittum stated he abstained due to his request that the public have an opportunity to apply for this appointment.

Councilmember Howe verified with Director Barrow that the Board of Library Trustees made this appointment within an open public session and that the agenda for this meeting was advertised. Councilmember Howe explained to Councilmember Whittum that the Board of Library Trustees public session is how a member of the public could be involved in the process of this appointment.

2.

RTC 08–177

Board and Commission Appointments (Based on 2008 Summer Recruitment)

City Clerk Gail Borkowski presented the staff report.

Mayor Spitaleri announced each applicant by board or commission and called for a vote.

Arts Commission

Mayor Spitaleri announced one opening for the Arts Commission with a term ending June 30, 2012.

Lee Allen

VOTE: 0-0 (Councilmembers Moylan, Howe, Lee, Mayor Spitaleri, Vice Mayor Hamilton, Councilmembers Swegles and Whittum abstained)

Joshua Amberg

VOTE: 0-0 (Councilmembers Moylan, Howe, Lee, Mayor Spitaleri, Vice Mayor Hamilton, Councilmembers Swegles and Whittum abstained)

Amitabh Bihari

VOTE: 1-0 (Councilmembers Moylan, Howe, Lee, Mayor Spitaleri, Vice Mayor Hamilton and Councilmember Swegles abstained)

Marshal Morse

VOTE: 1-0 (Councilmembers Moylan, Howe, Lee, Mayor Spitaleri, Vice Mayor Hamilton and Councilmember Swegles abstained)

Robert Obrey

VOTE: 7-0

City Clerk Borkowski announced Robert Obrey has been appointed to the Arts Commission with a term ending on June 30, 2012.

Councilmember Moylan stated Council previously discussed flipping some of the boards and commissions around in order to allow Council the ability to vote on an applicant’s first choice if they had applied to serve on more than one board or commission. Councilmember Moylan stated that this system would make it easier for Council to know the applicant’s first choice. Mayor Spitaleri stated he will follow the staff report and will take the boards and commissions in alphabetic order as listed.

Bicycle and Pedestrian Advisory Commission (Category 1)

Mayor Spitaleri announced two openings for the Bicycle and Pedestrian Advisory Commission with terms ending June 30, 2012.

Nathaniel Chittenden

VOTE: 1-0 (Councilmembers Moylan, Howe, Lee, Mayor Spitaleri, Vice Mayor Hamilton and Councilmember Swegles abstained)

Ralph Durham

VOTE: 4-0 (Councilmembers Howe, Lee and Mayor Spitaleri abstained)

Andrea Stawitcke

VOTE: 6-0 (Councilmember Whittum abstained)

Patrick Walz

VOTE: 4-0 (Mayor Spitaleri, Vice Mayor Hamilton and Councilmember Swegles abstained)

City Clerk Borkowski announced a tie exists between Ralph Durham and Patrick Walz.

Ralph Durham

VOTE: 3-0 (Councilmembers Howe, Lee, Mayor Spitaleri and Councilmember Whittum abstained)

Patrick Walz

VOTE: 4-0 (Councilmember Howe, Vice Mayor Hamilton and Councilmember Swegles abstained)

City Clerk Borkowski announced Andrea Stawitcke and Patrick Walz have been appointed to the Bicycle and Pedestrian Advisory Commission (Category 1) with terms ending on June 30, 2012.

Bicycle and Pedestrian Advisory Commission (Category 2)

Mayor Spitaleri announced one opening for the Bicycle and Pedestrian Advisory Commission with a term ending June 30, 2012.

Carl Bergholm

VOTE: 0-0 (Councilmembers Moylan, Howe, Lee, Mayor Spitaleri, Vice Mayor Hamilton, Councilmembers Swegles and Whittum abstained)

Ralph Durham

VOTE: 6-0 (Councilmember Howe abstained)

City Clerk Borkowski announced Ralph Durham has been appointed to Bicycle and Pedestrian Advisory Commission (Category 2) with a term ending on June 30, 2012.

MOTION: Councilmember Whittum moved and Councilmember Moylan seconded to consider the Heritage Preservation Commission as the next appointments.

Councilmember Howe offered a friendly amendment to have the Planning Commission come before the Personnel Board.

Friendly amendment accepted.

Restated MOTION: Councilmember Whittum moved and Councilmember Moylan seconded to consider the Heritage Preservation Commission as the next appointment, before Board of Library Trustees and to vote on the Planning Commission applicants before the Personnel Board.

VOTE: 7-0

Heritage Preservation Commission

Mayor Spitaleri announced two openings for the Heritage Preservation Commission with a term ending June 30, 2012.

Frenchie Marsolais

VOTE: 6-0 (Mayor Spitaleri abstained)

Mayor Spitaleri stated he did not realize there were two vacancies and requested to change his vote.

Councilmember Howe offered to make a motion to reconsider; however, Mayor Spitaleri requested Council revote.

REVOTE: 7-0

David Squellati

VOTE: 7-0

City Clerk Borkowski announced Frenchie Marsolais and David Squellati have been appointed to the Heritage Preservation Commission with terms ending on June 30, 2012.

Board of Library Trustees

Mayor Spitaleri announced one opening for the Board of Library Trustees with a term ending June 30, 2012.

James Griffith

VOTE: 6-0 (Councilmember Whittum abstained)

City Clerk Borkowski announced James Griffith has been appointed to the Board of Library Trustees with a term ending on June 30, 2012. City Clerk Borkowski announced one vacancy remains on this board.

Child Care Advisory Board

Mayor Spitaleri announced two openings for the Child Care Advisory Board-Related Field Representative category, with terms ending June 30, 2012.

Lisa Taiz

VOTE: 7-0

City Clerk Borkowski announced Lisa Taiz has been appointed to the Child Care Advisory Board-Related Field Representative with a term ending on June 30, 2012. City Clerk Borkowski announced one vacancy remains on this board.

Housing and Human Services Commission

Mayor Spitaleri announced two openings for the Housing and Human Services Commission with terms ending June 30, 2012.

Pat Plant

VOTE: 7-0

Demi Yezgi

VOTE: 7-0

City Clerk Borkowski announced Pat Plant and Demi Yezgi have been appointed to the Housing and Human Services Commission with terms ending on June 30, 2012.

Parks and Recreation Commission

Mayor Spitaleri announced one opening for the Parks and Recreation Commission with a term ending June 30, 2012.

Amitabh Bihari

VOTE: 1-0 (Councilmembers Moylan, Howe, Lee, Mayor Spitaleri, Vice Mayor Hamilton and Councilmember Swegles abstained).

Howard Chuck

VOTE: 7-0

City Clerk Borkowski announced Howard Chuck has been appointed to the Parks and Recreation Commission with a term ending on June 30, 2012.

Personnel Board

Mayor Spitaleri announced one opening for the Personnel Board with a term ending June 30, 2012.

Stephanie Saprai

VOTE: 7-0

City Clerk Borkowski announced Stephanie Saprai has been appointed to the Personnel Board with a term ending on June 30, 2012.

Planning Commission

Mayor Spitaleri announced two openings for the Planning Commission with terms ending June 30, 2012.

John Cordes

VOTE: 1-0 (Councilmembers Moylan, Howe, Mayor Spitaleri, Vice Mayor Hamilton, Councilmembers Swegles and Whittum abstained)

Ashok Dhar

VOTE: 0-0 (Councilmembers Moylan, Howe, Lee, Mayor Spitaleri, Vice Mayor Hamilton, Councilmembers Swegles and Whittum abstained)

Monica Draganowski-Davis

VOTE: 3-0 (Councilmembers Moylan, Howe, Mayor Spitaleri, Councilmember Swegles abstained)

Darab Ghaffary

VOTE: 2-0 (Councilmembers Moylan, Howe, Mayor Spitaleri, Vice Mayor Hamilton and Councilmember Swegles abstained)

Glenn Hendricks

VOTE: 2-0 (Councilmembers Moylan, Howe, Lee, Swegles and Whittum abstained)

Dianne McKenna

VOTE: 6-0 (Mayor Spitaleri abstained)

Nick Travis

VOTE: 5-0 (Vice Mayor Hamilton and Councilmember Whittum abstained)

City Clerk Borkowski announced Dianne McKenna and Nick Travis have been appointed to the Planning Commission with terms ending on June 30, 2012.

Personnel Board (Employee-nominated seat)

Mayor Spitaleri announced one opening for the Personnel Board-Employee Nominated with a term ending June 30, 2012.

Glenn Hendricks

VOTE: 7-0

City Clerk Borkowski announced Glen Hendricks has been appointed to the Personnel Board with a term ending on June 30, 2012.

MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve Alternatives 1 and 2:

Alternative 1: Council confirms appointments from the candidates listed in this report, specifying the terms for each candidate for the board/commission that has multiple seats and terms;

Alternative 2: Council directs staff to include the remaining vacancies in the City’s continuous recruitment efforts and to submit for Council’s consideration all eligible applications received by the deadline established for the next round of board and commission interviews scheduled for July 15, 2008.

VOTE: 7-0

3.

RTC 08–189

Adoption of the FY 2008/2009 Budget, Master Fee Schedule, and Appropriations Limit

Finance Manager Grace Leung presented the staff report. Staff passed out copies of the Planning Commission meeting minutes which contained the commission’s discussion on the City Manager’s Recommended FY 2008/09 Budget and Resource Allocation Plan. Manager Leung explained that three actions are required to adopt the recommended budget. Council must consider and take action on the proposed fee changes; adopt the FY 2008/09 budget by June 20, 2008 by budget resolution; and adopt by resolution the FY 2008/09 appropriations limit.

Councilmember Whittum stated he would like to recommend approximately $2.1 million in cuts and he also has some items worthy of consideration for funding. Councilmember Whittum passed out copies of his proposal.

Councilmember Swegles inquired if the fee schedule could be voted on separately. City Manager Amy Chan responded that Council is able to make separate motions on the fee schedule, appropriation limits and a final motion on the entire budget. 

MOTION: Councilmember Swegles moved and Councilmember Howe seconded to pull the fee schedule from the staff recommendation and vote on it separately.

Vice Mayor Hamilton offered a friendly amendment to vote on the appropriations first, then the fee schedule, and lastly the budget.

Councilmember Swegles accepted the friendly amendment and stated he will change his motion.

Restated MOTION: Councilmember Swegles moved and Councilmember Howe seconded to approve the FY 2008/09 Appropriations Limit as presented in the staff report.

VOTE: 7-0

MOTION: Councilmember Whittum moved and Councilmember Moylan seconded to amend the fees to increase the traffic impact fees instead of 6 percent to 10 percent.

Councilmember Whittum stated staff explained t