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HomeMy WebLinkAbout07-07-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 7, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:00 p.m. Closed Session on Negotiations with Saratoga Employees Association and Management Group compensation consultations (Administration Meeting Room) The meeting was called to order by Mayor Anderson at 7:39 p.m. Pledge of Allegiance 1. ROLL CALL Councilmembers present: Tucker, Burger, Kohler, Mayor Anderson Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin Mayor Anderson thanked Pepsi Cola for supplying the soft drinks and coffee at tonight's meeting. 2. CEREMONIAL ITEMS A. Council' Reorganization Councilmember Burger nominated Councilmember TuCker for Mayor. Councilmember Kohler nominated Councilmember Monia for Mayor. ANDERSON/BURGER MOVED T0 CLOSE THE NOMINATIONS. PASSED 4-0-1 (Monia absent) Councilmember Kohler stated it is unfortunate that Councilmember Monia is not present. He believes this is an important decision and Mr. Monia should be present. He requested that this be continued. KOHLER MOVED TO CONTINUE THE NOMINATIONS OF MAYOR. The motion died due to lack of a second. The final vote was 3 in favor of Councilmember Tucker for Mayor, 1 in favor of Councilmember Monia. Councilmember Kohler expressed concern about the process at this time. He noted Councilmember Monia has served Saratoga for many years and should be considered for Mayor. He addressed the rotation of Mayor and Vice Mayor. Councilmember Burger stated the formal policy of rotation of Mayor was abandoned by the City Council in 1987. Councilmember Anderson nominated Councilmember Burger for Vice Mayor Councilmember Kohler nominated Councilmember Monia for Vice Mayor. The final vote was 3 in favor of Councilmember Burger for Vice Mayor, 1 in favor of Councilmember Monia. Councilmember Anderson stated it was an interesting year serving as Mayor with many issues to struggle through, including the budget. She noted her appreciation to both staff and the community. Mayor Tucker presented a plague to Councilmember Anderson. B. Resolution appointing Council representatives to agencies Mayor Tucker suggested continuing this item to August 4, 1993 in order to have the presence of all Councilmembers. There ~as a consensus to continue this item. City council Minutes 2 July 7, 1993 C. Proclamation commending Sheriff,s Deputies Councilmember Burger read the proclamation commending Sheriff's Deputies. Sheriff Gillingham stated approximately 37 officers were sent to Saratoga to take place in the search, but the person- was found by Councilmember Burger. Sheriff Gillingham presented a proclamation to Councilmember Burger for her outstanding work in this matter. D. Proclamations commending Cynthia Leung and will Clapham 3. ROUTINE MATTERS A. Approval of Minutes - 6/16~ 6/22~ 6/24 KOHLER/BURGER MOVED TO APPROVE THE MINUTE8 OF' 6/16, AS PRESENTED. PASSED 4-0-1 (Monia absent). KOHLER/BURGER MOVED TO APPROVE THE MINUTES OF 6/22, AS PRESENTED. PASSED 4-0-1 (Monia absent). KOHLER/ANDERSON MOVED TO APPROVE THE MINUTES OF 6/24, A8 PRESENTED. PASSED 4-0-1 (Monla absent). B. Approval of Warrant List ANDERSON/BURGER MOVED TO APPROVE TNEWARRANTLIST. PASSED 4-0-1 (Monia absent). C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 2. 4. CONSENT CALENDAR A. Planning Commission Actions, 6/23 - Note and file. B. Library COmmiSSiOn Minutes, 5/26 -- Note and file. C. Public Safety Commission Minutes, 6/14 - Note and file. D. Parks and Recreation Commission Minutes, 4/5~ 5/3 - Note and file. E. Approval of Agreement with Chamber of Commerce to furnish services which promote business and Community events in the amount of $775 per quarter F. Approval of purchase order to Advantage Telecom in the amount of $9,201 for the Installation of Voice Mail O. Authorization for City Manager to execute a $16,000 amendment to the existing Agreement with West Valley Sanitation District to inspect and clean.stormdrains of the Saratoga Creek Watershed as budgeted for fiscal 1993-94 H. Commission Attendance Reports I. Memo From Planning Director recommending no Change in current Park Dedication Fee Amount (Quimby Act) J. Resolutlon 93-032 Approvlng Joint Powers Agreement and Cooperation Agreement for Essential Activities PUrsuant to Title I of the Housing and Community Development Act Of 1974, AsAmended, for Fiscal Years 1994-96 K. City Financial Reports for May: City Council Minutes 3 July 7, 1993 1) Treasurer,s Report 2) Investment Report 3) Financial Report City Manager Peacock noted that the figure in the agreement in item 4G should be $16,000. ANDERSON/BURGER MOVED TO APPROVE THE CONSENT CALENDAR, WITH THE CORRECTION MADE BY CITY MANAGER PEACOCK. PASSED 4-0-1 (Monia absent). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORaL COMMUNICATIONS 1) Oral Report from city Attorney on Mandatoz7 Penalty Assessment and its Disposition by San Jose Water Company (Oral Communication from Leonard Siemek, 5/19) Staff recommends that the City Council receive and file. City Attorney Riback reviewed his memo addressed to the City Council regarding penalties enforced by the Water Company. He n6ted he did talk to the City Attorney at Milpitas and determined that the City does own its own water distribution system, therefore the City does have control over the penalties. 2) Report from Assistant to City Manager on Palse Alarm Fines (oral Communication from Dick Wheeler, 6/16) Staff recommends that the City Council note and file. Ms. Carolyn King presented the staff report and noted after several notices and no response the City proceeded to small claims. B. ORAL COMMUNICATIONS - None C. WRITTEN COMMUNICATIONS 1) Douglas P. Crane, resigning from Public Safety Commission Staff recommends that the City Council accept the resignation and authorize advertising. BURGER/KOHLER MOVED TO ACCEPT THE RESIGNATION OF DOUO'LAS P. CRANE, WITH REGRET, AND AUTHORIZE ADVERTISING. PASSED 4-0-1 (Monia absent). 2) Sheila Rabaut, 13877 Lynde Ave., concerning parking in bicycle lanes Staff recommends that the City Council refer to the Bicycle Advisory Committee. In response to Councilmember Burger's question, Mr. Peacock noted the facility on Herriman Avenue is a bike lane. City Engineer Perlin reported on the status of the Bicycle Advisory Committee. He stated they hope to have a recommendation to the City Council in August. He noted the Committee was formed to deal with concerns and issues such as Ms. Rabaut's. BURGER/ANDERSON MOVED TO REFER THIS TO THE BICYCLE ADVISORY COMMITTEE. PASSED 4-0-1 (Monla absent). 6. OLD BUSINESS City Council Minutes 4 July 7, 1993 A. Revision to City Layoff Policy and Procedures Staff recommends that the City Council approve the revision. City Manager Peacock stated the proposed policy memorializes the actions taken by the City Council at their last meeting. He noted this policy will be permanent until further amendment by the' City Council. ANDERSON/BURGER MOVED TO ADOPT THE POLICY AND PROCEDURES AS STATED IN _ THE REPORT. PASSED 4-0-1 (Monia absent). B. Report from Planning Director on Lights at St. Michael Archangel (continued from 5/5) Planning Director Curtis stated this was continued to allow the church ti~e to submit an application for consideration of the light standards. He noted as of June 30, 1993, no application has been filed nor have the light standards been removed. He noted staff requests Council direction at this time. Councilmember Anderson suggested cutting off the electricity to the lights. Councilmember Kohler suggested sending a letter insisting a response. Councilmember Burger stated Mr. Curtis has been corresponding with the Church and received no response. She noted the light standards should come down. Councilmember Anderson stated the issue is not the light.standards, but the lights being on. She added staff should ensure that the lights do not get turned on, but feels the parking lot does need the lights and they should not be removed. Planning Director Curtis stated he received a phone call from a neighbor who indicated thelights had been turned on within the last 60 days. He noted he did talk to Rev. Stokich about lowering the light standards or submitting an alternative plan for the light standards, no plan has been submitted at this time. He stated the height of the standard is not the issue, but the light fixture itself. In response to Mayor Tucker's question, City Attorney Riback stated there is no liability to the City if the parking lot is not lit. BURGER/KOHLER MOVED TO REMOVE THE LIGHT STANDANDS WITHIN TWO WEEKS. PASSED 4-0-1 (Monla absent) C. Monthly Report to the Regional Water Quality Control Board on City NPDES Activity Mayor Tucker complimented staff on an outstanding report. 7. NEW BUSINESS A. Adoption of Schedule for Late Payment Parking Fees and Adoption of Procedures for City Adjudication of Contested Citations Staff recommends that the City Council adopt the proposed fees and procedures. City Manager Peacock stated this is another step in the process, by which the City is taking over the administrative adjudication of parking citations. Mayor Tucker pointed out that there are fines involved for displaying a vehicle for sale on a public street. BURGER/ANDERSON MOVED TO ADOPT THE PROPOSED FEES AND PROCEDURES. PASSED 4-0-1 (Monia absent). City Council Minutes 5 JUly 7, 1993 B. Ordinance prohibiting Targeted Picketing Staff recommends that the City Council introduce the ordinance by title only, waiving further reading; schedule for second reading and adoption on August 4. City Manager Peacock corrected a typo in section A of the ordinance. He stated at the request of Sheriff Gillingham, he asked the City Attorney to draft an ordinance similar to the one adopted by the City of San Jose 'and the County of Santa Clara. He noted this is a precaution in the event that the ordinances in other jurisdictions makes Saratoga a more attractive.target. Captain Wilson, Sheriff's Department, noted the Sheriff has requested that all contract cities adopt similar ordinances to the County's. He noted they are currently gathering intelligence. He noted the ordinance is needed to protect neighborhoods and is also another tool to help control the situation. In response to Councilmembersquestions, City Attorney Riback stated in 1988 this particular type of ordinance, was deemed constitutional by the U.S. Supreme Court. At that time the court very clearly acknowledged the governmental interest in protecting the well being and privacy of a person's residence. He stated the proposed ordinance meets the criteria established by the U.S. Supreme Court. He added if a problem occurs, the Council can adopt an ordinance on an urgency basis which will go into effect immediately. Mr. Lou Thorpe, 19550 Farwell Ave., addressed an article in the San Jose Mercury News listing people who are pro-abortion. He stated, although he agrees with the ordinance, he is concerned about several Councilmembers voting on this ordinance. City Attorney Riback stated this is an ordinance targeting picketing. BURGER/ANDERSON MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 4-0-1 (Monia absent). City Manager Peacock stated the reason the Sheriff requested the City Council to consider this ordinance is in response to the announced intentions of pro-life groups, but the ordinance does not single out any one group or groups. Councilmember Anderson pointed out that the request for the ordinance came from Sheriff Gillingham and was not City Council initiated. 8. PUBLIC HEARINGS - 8:30 p.m. A. Resolution Increasing Assessments for certain Zones in Landscaping and Lighting District LLA-1 Staff recommends that the City Council adopt the resolution. City Manager Peacock stated for the record, additional letters of protest have been received and should be placed in the record. City Engineer Perlin also noted two protests letters were given to him at the meeting. Mr. Perlin presented the staff report. He reviewed the number of protests in each zone, noting there is not a majority protest in any zone. Mr. Perlin noted this is the first year notices were sent out to property owners and as a result staff received greater interest. Mr. Perlin presented slides reviewing preliminary assessments and final assessments in all zones. He also outlined how assessments have escalated and decreased over the years. Mr. Perlin reviewed the "Activities by Zone", and the cost associated. Mayor Tucker opened the public hearing at 8:50 p.m. Mr. Joseph Masek, 14660 Granite Way, stated his opposition to the assessment. He stated they do their own landscaping and cleaning and also provide lighting for the driveway and part of the parking lot. He City Council Minutes 6 July 7, 1993 does not feel the tax should be increased. Mr. Jim Rosenfeld, 14219 Okanogan Dr., stated he pays $40,000 in taxes and this is additional taxes. He suggested consideration be given to spreading out the maintenance portion. He believes the vast majority of tenants in surrounding buildings park in the parking lot. He asked the City Council to look into sharing the costs with these tenants. Mr. Len Sullivan, 14421 Big Basin Way~ concurred with Mr. Rosenfeld regarding spreading out the costs of maintenance. Ms. Carol Payne, 14455 Big Basin Way, noted she has to raise rents to keep up with the tax increases. She added it hurts the City to have empty buildings, and for the survival of the business district in Saratoga, the Council should not raise taxes. Mr. Dennis Cunningham, 14407' Big Basin Way, stated there is a 33% vacancy rate and he has to lower rents in order to get tenants. He noted increasing the assessment is difficult for the property owner and tenant. Ms. Lea Ann Hernandez, 18926 Afton Ave., Saratoga Motel, addressed the previously passed occupancy tax, and noted this is an additional tax. She noted costs should be passed onto other users of the parking lot. Mr. John Irwin, 14612 Big Basin Way, urged the City Council to take a close look at the assessment. He noted the additional taxes will be passed onto the tenants. Mr. Robert Cancellieri-, 14441, 14445 Big Basin Way, addressed the original 15 year assessment. He noted the additional tax will not help sales in Saratoga, and therefore not help the City. He noted the parking district is not maintainedat its original level. Mr. Alden BlOxham, 14413 Big Basin Way, outlined the property his wife owns, which was responsible for the formation of parking district 3 and noted the improvements are paid for by this assessment. He stated the lighting.and landscaping are additional expenses. Mr. Bloxham noted he takes care of hie own landscaping. He also stated the City Council has total control over the assessments and the citizens can do nothing. He urged the Council not to increase the assessment until the 15 year assessment has been paid. Mr. Otto Crawford stated they do have a majority protest. Mr. Paul Hernandez, La Vista Dr., asked what the assessment is for and how much is for maintenance or new development. City Engineer Perlin stated in the parking district the assessment is for maintenance and operation, with the primary cost being for lighting. He added other costs go for landscaping and weekly sweeping. He noted in Zone 0 the assessment is for lighting along Big Basin Way andmaintenance and watering of street trees. Mr. Perlin reviewed the cost for Zone 20. In response to Councilmember Anderson's concerns, Mr. Perlin stated that the assessment in districts 2, 3 and 4 in previous years was not high enough to recover costs. He noted the cost this year will reflect the cost of providing the services to these districts. Mr. Perlin reviewed the breakdown in costs for Zone 20. Mayor Tucker reiterated that the increase in assessment involves two factors, the cost recovery policy, implemented by the City Council, and the street sweeping. City Engineer Perlin explained the contingency allowance, noting this does not affect Zone 20. Mr. Otto Crawford addressed the cost breakdown of parking district 3. He stated every item is well funded and the sweeping they can do without. He stated there is no reason for the reserve fund. Mr. City Council Minutes 7 July 7, 1993 Crawford stated the landscaping has been taken care of by property owners and he would like the assessment reduced. Mayor Tucker closed the public hearing at 9:25 p.m. The public hearing was reopened. Ms. Ellen Rosner, Zone 22, protested the assessmenti She addressed the State Budget and asked why the State is taking so much money from the City. Councilmember Tucker stated the city's hands are tied with regards to the State taking money from City funds. City Manager Peacock noted the State has taken $2.6 Billion away from cities, counties and special districts. Councilmember Kohler stated the City has to assess the taxes, but must work carefully to do it the right way. He expressed concern about the high rate. Mr. Bloxham expressed concern about the high assessment for zone 20. He believes that some money could be saved. ANDERSON/BURGER MOVED TO CLOSE T~E PUBLIC HEARING. PASSED 4-0-1 (Monia absent). In response to City Manager Peacock's question, Mr. Perlin stated the current fund balance for the assessment district is $150,000. Mr. Peacock stated that Mr. Perlin pointed out that the cost to maintain the districts is an on-going cost and the tax assessment is only paid twice a year. He noted the operating reserve pays the on- going costs and the question is, is there enough money in this fund. Mr. Peacock stated there is enough money to cover on-going costs and if the reserve fund was cut and the street sweeping costs cut, the assessment could be reduced to last year's assessment. He noted the City Council can consider this and direct the City Engineer to draw up a report reflecting this. Mr. Peacock noted some of the districts are supported by property tax, because these districts were formed before Prop. 13 was enacted. He noted while the property tax remains at one percent, a portion of the property tax goes to support the landscaping and lighting district. me stated because the rate was frozen by Prop. 13, in many of the districts the assessed valuation on the land and the improvements have increased significantly because of sale of property or reconstruction. He stated staff has been discussing the issue this raises and how to deal with it in the long run. He noted the method established will stabilize the assessments unless improvements are requested by the neighborhood and this will be added to the assessment. Mr. Peacock stated if costs can be covered without the reserve, he would recommend eliminating the reserves in all the zone districts. City Engineer Perlin stated the three month reserve can be eliminated from all zone districts if requested by the Council. Councilmember Burger expressed concern about eliminating the weekly sweeping and the impact this would have on the City's requirement to reduce pollutants that go through the storm drain system. City Manager Peacock stated in adopting the budget this year the Council did agree to start street sweeping city wide. He noted it will be approximately $7 - $8 per year per household. He stated most of the cost associated with the parking lots is for trash clean up and not the maintenance of landscaping. Councilmember Burger noted she did walk parking district 3 with the property owners and staff, and staff agreed to do some small landscaping improvements. She noted Saratoga parking lots look good compared to other cities. Councilmember Burger stated if staff believes the reserves can be eliminated and the property owners will do their own sweeping she would support these. She did express concern City Council Minutes S July 7, 1993 about the non-point source pollutants. Councilmember Anderson expressed concern about the indirect costs in all the zones. City Manager Peacock stated the indirect costs are associated with the actual wages. City Engineer Perlin stated the parking districts are the only areas in which the City maintenance personnel preforms services and noted the indirect cost is a direct function of those wages. In response to Councilmember Kohler's question regarding businesses using the parking districts and not sharing the costs, Mr. Peacock stated this is part of the issue of consolidating zones and the excess property tax money. He noted the landscaping and Lighting Act allows the City to modify zones for administrative purposes. Mr. Peacock also pointed out that if the City Council changes the proposed resolution the City Engineer will have to revise the Engineer's Report and prepare new charts showing the new assessment. City Engineer Perlin pointed out that last year the total cost that was spread among zone 20 was $20,906, this year if the reserve is eliminated the figure would be $21,252. He added because of the proximity of the parking lot to the creek he would recommend keeping the cost of street sweeping in the budget. ANDERSON/KOHLER MOVED, AS A MODIFICATION, THAT THE RESERVE BE ELIMINATED IN ALL ZONE DISTRICTS. PASSED 4-0-1 (Monia absent). ANDERSON/BURGER MOVED TO DIRECT STAFF TO LOOK INTO MERGING DISTRICTS TO LOWER THE COSTS. PASSED 4-0-1 (Monia absent). City Manager Peacock stated this matter will be continued with the hearing closed to August 4, 1993. 7. C. Warner Hutton House Improvements, Capital Project 9301 - Award of Construction Contract City Engineer Perlin presented the staff report dated July 7, 1993. He noted he received .a bid which was 5% below theEngineer's estimate. Staff recommends that the City Council award the contract at this time. ANDERSON/KOHLER MOVED TO DECLARE PROGRESSIVE PACIFIC OF SCOTTS VALLEY TO BE THE LONE8T RESPONSIBLE BIDDER ON THE WARNER HUTTON HOUSE IMPROVEMENTS. PASSED 4-0-1 (Monla absent). ANDERSON/BURGER MOVED TO AWARD THE ATTACHED CONSTRUCTION CONTRACT WITH PROGRESSIVE PACIFIC IN THE AMOUNT OF $18,975. PASSED 4-0-1 (Monia absent). ANDERSON/BURGER MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $3,500. PASSED 4-0-1 (Monia absent). D. Hemo Authorizing Publicity for Upcoming Hearings - None; July 21 meeting canoeled. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HCD Policy Committee - Tucker 4. Transportation Commission - Anderson 5. Hakone Foundation - Tucker 6. IGC - Kohler 7. Flood Control Advisory Board - Burger City Council Minutes 9 ~uly 7, 1993 8. League of Citiespeninsula Division - Tucker 9. .Water District Commission - Anderson 10. Santa Clara County Cities Association - Tucker 11. Sister City Committee - Burger 12. Traffic Authority Policy Advisory Board - Tucker 13. Transit Assist Board - Burger 14. Senior Coordinating Committee - Burger 15. West Valley Sanitation District - Burger _ 16. County Cities Assn. LegiSlative Task Force - Monia Councilmember Kohler reported on the Emergency Preparedness Committee meeting. He stated there was a discussion held regarding every city having a heliport close to the City Hall. Councilmember Burger noted the Sanitation District is continuing a search for a District Manager. Councilmember Anderson reported on the ABAG meeting. She noted AB398 has radically changed with the consent of Valerie Brown. She noted this will be discussed at the Cities Association meeting and would like input from the other Councilmembers. Mr. Peacock noted Councilmember Monia reported on this at a previous hearing, noting a new agency would be created. Councilmember Anderson stated ABAG and MTC have met with BVAC regarding a merger. She noted after a series of meetings is was determined there may not be a merger, but there will be a study to see if the planning bodies of ABAG and MTC should be merged. Councilmember Anderson discussed Valerie Brown's Bill. ~Mayor Tucker reported on the HCD meeting. She noted they held a discussion on the Joint Powers Agreement. The Committee is also using a new formula for allocating money. She added Saratoga will receive less money with the new formula.. She noted she also brought up the point that it is difficult for the City to meet the housing requirement of the General Plan and have the money eliminated as well. She noted she did ask for credit. Mayor Tucker reported on the Traffic Authority Policy Advisory Board. She noted they discussed Phase II of the Jump Start Program and more money is needed to continue this program. Mayor Tucker read a letter from the Traffic Authority approving the Policy Advisory Board's recommendation to enter into Phase II of the Jump Start Program. The Council moved to 9D at this time. D. Actions in connection with Leonard Road Improvement District 1) Resolutlon accepting Petitions City Manager Peacock stated there is not a sufficient number of petitions at this time and this should be continued to August 4, 1993. KOHLER/BURGER MOVED TO CONTINUE THIS ITEM TO AUGUST 4, 1993. PASSED 4- 0-1 (Monia absent). 2) Resolution Approving Boundary Map KOHLER/BURGER MOVED TO ADOPT RESOLUTION 93-031.8 APPROVING A BOUNDARY MAP. PASSED 4-0-1 (Monia absent). 3) Resolution of Intention KOHLER/BURGER MOVED TO ADOPT RESOLUTION 93-031.9 OF INTENTION TO ORDER IMPROVEMENT. PASSED 4-0-1 (Monia absent). 4) Resolution accepting Letter Proposal for Engineering Services City Council Minutes. 10 July 7, 1993 KOHLER/BURGER MOVED TO ADOPT RESOLUTION 93-031.10 ACCEPTING LETTER PROPOSAL FOR ENGINEERING SERVICES. PASSED 4-0-1 (Monia absent). 5) Resolution Declaring Preliminary Intention to Refund 1915 Act Improvement Bonds and Directing the Preparation of a Report Thereon KOHLER/BURGER MOVED TO ADOPTRESOLUTION 93-031.11 DECLARING PRELIMINARY INTENTION TO REFUND 1915 ACT IMPROVEMENT BONUS AND DIRECTING THE PREPARATION OF A REPORT THEREON. PASSED 4-0-1 (Monla absent). 6) Resolution Approving and Confirming the Report on the Refunding' of its Limited Obligation Improvement Bonds KOHLER/BURGER MOVED TO ADOPT RESOLUTION 93-031.12 APPROVING AND CONFIRMING THE REPORT ON THE REFUNDING OF ITS LIMITED OBLIGATION IMPROVEMENT BONDS. PASSED 4-0-1 (Monia absent). 7) Resolution Providing for the Issuance of Bonds~ Approvlng the sale of Said Bonds~and Approving the Official Statement for Said Bonds KOHLER/BURGER MOVED TO ADOPT RESOLUTION 93-031.13 PROVIDING FOR THE ISSUANCE OF BONUS~ APPROVING THE SALE OF 8AID BONDS~ AND APPROVING THE OFFICIAL STATEMENT FOR SAID BONDS. Mr. Dan Sort, Orrick Herrington & Sutcliff, made corrections to the resolution, noting the correct amount is 7 3/4 percent not to exceed interest rate and 2 1/2 underwriters discount. KOHLER/BURGER MOVED TO AMEND THE MOTION TO ADD THE CORRECTIONS ABOVE. PASSED 4-0-1 (Monia absent). S) Adjournment to Meeting of Pablic Financing Authority ImmedlatelyFollowing KOHLER/BURGER MOVED TO ADJOURN TO THE MEETING OF PUBLIC FINANCING AUTHORITY IMMEDIATELY FOLLOWING. PASSED 4-0-1 (Monia absent). MEETING OF PUBLIC FINANCING AUTHORITY Roll Call Councilmembers Present: Burger, Anderson, Kohler, Mayor Tucker. Councilmembers Absent: Monia 1) Resolution authorizing the Issuance, Sale and Delivery of Not To Exceed $1,600,000 Saratoga PUbliC Financing Authority Revenue Bonds, and the Execution and Delivery of a Trust Agreement, an Official Statement and a Contract of Purchase and Certain Other Actions in Connection with the Issuance and Sale of such Bonds ANDERSON/BURGER MOVED TOAD OPT RESOLUTION 93-031.14PFA AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $1,600,000 SARATOGA PUBLIC FINANCING AUTHORITY REVENUE BONUS, AND THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT, AND OFFICIAL STATEMENT AND A CONTRACT OF PURCHASE AND CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE AND SALE OF SUCH BONDS. Mr. Sort also made corrections to this resolution. The above motion was carried 4-0-1 (Monia absent) with the additions addressed by Mr. Sort. 2) Adjournment to Meeting of saratoga' City Council Immediately Following MEETING OF SARATOGA CITY COUNCIL City Council Minutes 11 July 7, 1993 ROll Call Councilmembers Present: Burger, Anderson, Kohler, Mayor Tucker Councilmembers Absent: Monia 9. C. General Council Items 1) Agenda items for next adjourned regular meeting (discussed at a previous meeting) City Manager Peacock outlined the subjects to be discussed. 2) Proposal fo~ New Transportation Governance for Santa Clara County - Anderson Councilmember Anderson noted she artended a meeting with the Transportation Commission to listen to what the sub-group has been working on. She recommended the Transportation Commission and the Board of Supervisors have a meeting. Councilmember Anderson discussed the task force recommendations as presented to the Councilmembers. She urged the Cities Association to take this under consideration. She noted a meeting will be held with the Board of Supervisors. There was a consensus of the Council to bring this up at the Cities Association meeting. City Manager Peacock explained the model used in Los Angeles County for transportation. He stated Southern California Rapid Transit District still exists and they run the transit system. He stated the Transportation Commission is very much like the CMA who control the money and set the policies. 3) other 10.ADJOURNMENT The meeting adjourned at 10:37 p.m. to a joint meeting with the Planning Commission at 7:30 p.m. on July 13 in the Administration Conference Room, 13777 Fruitvale Avenue. Respectfully submitted, Minutes Clerk