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. , I . . -, FY 1997/98 Budget, the Public Hearing on the extension of the Development Agreement was scheduled for the June 30, 1997 Council meeting, at which time all public comments '-- would be heard and considered by Council, and the Ordinance could be adopted, amended, or not adopted at all. In response to Councilman Leipzig's questions, City Attorney Schricker said, "In response to the earlier question regarding the distinction raised by Mr. Atherly at the Planning Commission, I believe Mr. Sorba from my office met with Mr. Atherly and Ms. Ford subsequent to that meeting to discuss further their concerns and their issues. In point of fact, as reflected in the minutes of the Planning Commission there is basically a confusion between taxes and Facilities Fees. GID 1-64 is a financing vehicle, it is a District by which taxes could be levied. But many years ago the City Council deauthorized the issuance of bonds which would be supported by taxes, and changed to a development fee approach to provide for funding new facilities in the Shores area. The Development Agreement is a necessary vehicle for the raising of facilities fees. The District levies taxes. I think Mr. Atherly did not understand that distinction. He viewed the District as having authority to simply flat out levy facilities fees. It's not quite that simple. Consequently, I think it is more of a confusion of legal concepts here, that hopefully was answered in a subsequent meeting with our office." In response to Council questions, City Attorney Schricker recommended that the Council introduce the Ordinance at this meeting in order to "preserve the continuity of the existing Agreement." - MEMO 6/24/97 Mayor Hartnett asked if anyone else wished to speak to this issue. No one came forward. INTRODUCTION OF ORDINANCE MIS: RUSKIN/LA BERGE. TITLE READ. ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF TillRD AMENDMENT TO DEVELOPMENT AGREEMENT WITH REDWOOD SHORES PROPERTIES (GID 1-64) (110); ADOPTED BY THE FOLLOWING ROLL CALL VOTE.: AYES: COUNCIL MEMBERS BUCHAN, CLAIRE, HOWARD, LA BERGE, RUSKIN AND MAYOR HARTNETT NOES: COUNCILMAN LEIPZIG MINUTE ORDER NO. 97-130 ------______n______-----------------------------------------------------------------------______n______-------------- 1. Amend the City Ordinance to reflect the opening of the new City Hall Council Chamber - Removed from the Consent Calendar by Councilman Leipzig. ADJOURNED REGULAR COUNCIL MEETING MINUTW BOOK NO. 55 JUNE 23,1997 MINUTES Page~ O. 407 PAGE 5