December 6, 2023
MINUTES
6:30 p.m. Special Meeting
he following are minutes of the actions taken by the Moraga Town Counci full video recording of the meeting is available on the Town's website a https://livestream.com.moraga
Council Chambers
335 Rheem Boulevard, Moraga, California 94556
CALL TO ORDER
The special meeting was called to order at 6:35 p.m. by Mayor Renata Sos.
ROLL CALL
Councilmembers present: Mayor Renata Sos, Vice Mayor Teresa Onoda and Councilmembers Kerry Hillis, David Shapiro and Steve Woehleke Councilmembers absent: None
PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS AND SUGGESTIONS
There were no public comments or suggestions.
ADOPTION OF CONSENT AGENDA
A. Acceptance of Consent Items
No item was removed from the Consent Agenda.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION:
Motion: Onoda / Second: Woehleke
Adopt Consent Agenda Item 4.1.
Vote: 5-0
4.1 Approved
Purchase 2 Public origare Peration Vehisuance
of a Purchase Order to Purchase a Public Works/Parks and Town Council Special Meeting 1 December 6, 2023
Recreation Vehicle for $62,521 from National Auto Fleet Group, Watsonville, CA Pursuant to the Town of Moraga Purchasing Policy
ADOPTION OF MEETING AGENDA
ACTION:
Motion: Woehleke / Second: Onoda
Adopt the meeting agenda, as shown.
Vote: 5-0
6. REPORTS
A. Town Manager
Town Manager Scott Mitnick provided an update on the concerns of residents/local businesses with issues related to PG&E with respect to electrical reliability and the Town staff would continue to monitor the situation. He added that the Town of Moraga had been assigned an At credit rating from Standard & Poor's for the refunding of its Certificates of Participation (COPs) and the Town itself had been assigned a Triple AAA credit rating.
B. Mayor's and Councilmembers' Reports
Councilmember Hillis reported he had attended a Lamorinda School Bus Transit Authority (LSBTA) meeting and briefed the Council on the discussions. He reminded everyone that December 7, 2023 was the first day of Hanukkah and read into the record an email he had received regarding the holiday.
Councilmember Woehleke reported he had participated in the Audit and Finance Committee (AFC) meeting and briefed the Council on the discussions.
Vice Mayor Onoda reported she had attended a Moraga Youth Involvement Committee (MYIC) meeting; the Town's Holiday Tree Lighting ceremony and Moraga Chamber of Commerce meeting.
Mayor Sos reported she had participated in the Veterans Day ceremony at Commons Park; attended the Lamorinda Movers Dinner annual recognition of the Moraga Police Department and Moraga-Orinda Fire District (MOFD); County Connection Board meeting and Thanksgiving lunch; Moraga Liaison meeting; participated in a meeting with the rating agency and had attended the Holiday Tree Lighting ceremony.
ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. Issuance of Proposed 2023 Certificates of Participation (COPs) Resolution 73-2023 Authorizing the Issuance of the Proposed 2023 Certificates of Participation (COPs) to refund the Town's 2013 COPs
Town Manager Mitnick introduced the item and Julio Morales, Kosmont Financial Services and Dave Fama, Jones Hall, Bond Counsel, and recommended the Town Council adopt the resolution as proposed.
Responding to questions from the Town Council, Mr. Mitnick, and Mr. Morales provided clarification on this item.
Town Council Special Meeting 2 December 6, 2023
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Mr. Morales and Mr. Mitnick provided further clarification with respect to Commons Park being put up as collateral as part of leased facilities; the purpose of the Proposition 13 voter requirement; the Debt Service Reserve Fund, which was additional security for investors; and estimated refunded savings.
Mr. Fama provided additional detail on the use of Commons Park as a "leased asset" in order to create a stream of lease payments that were like bond payments "principal and interest," with the COPs investors to buy participation interest in the stream of lease payments.
The Town Council thanked the team involved, appreciated the fact the Town had been assigned a Triple AAA rating that benefitted the Town and other transactions moving forward, which was a good example of staff looking at ways to reduce expenses and spend money wisely.
ACTION:
Motion: Woehleke / Second: Onoda
Adopt Resolution 73-2023 Approving the Execution and Delivery on Behalf of the Town of 2023 Refunding Certificates of Participation; Approving the Forms of and Authorizing and Directing the Execution and Delivery of a Site Lease, a Facility Lease, a Trust Agreement and a Continuing Disclosure Certificate; Authorizing a Lease Financing with Public Property Financing Corporation of California and the Taking of All Necessary Actions in Connection Therewith; and Approving the Forms of Official Notice of Sale and Preliminary Official Statement.
Vote: 5-0
8. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
None.
9. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS
Mr. Mitnick reported the next meeting of the Town Council would be for reorganization, scheduled for December 13, 2023; the same afternoon the State of the Town Address would be presented by the Mayor at the Soda Center at St. Mary's College (SMC) from 11:30 a.m.to 1:30 p.m.; construction fencing would be installed on December 7, 2023 at Commons Park to begin the process of removing the restrooms, with more information on the Town website; the Town Offices would be closed from December 21, 2023 to January 1, 2024, and on December 12, 2023 the Planning Commission would consider planned improvements for the Rheem Center.
10. RECESS TO CLOSED SESSION
Councilmember Hillis reported he would have to recuse himself from the Closed Session since his principal residence was within 500-feet of the subject matter.
Councilmember Woehleke asked that this portion of the meeting adjourn in recognition of World War II Remembrance and Pearl Harbor Day, December 7, 1941, and he reported the beacon would be lit on Mt. Diablo in remembrance.
The Town Council recessed into Closed Session at 7:25 p.m.
Town Council Special Meeting 3 December 6, 2023
CONFERENCE WTH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2)(e) (5):
One Case: See Attachment A
11. RETURN TO OPEN SESSION
A. Mayor's Report on Town Council Closed Session
The Town Council returned to open session at 8:14 p.m. There was no reportable action from the Closed Session.
12. ADJOURNMENT
ACTION: The meeting adjourned at 8:14 p.m.
Respectfully submitted by:
Amy Heavener, CMC
Town Clerk
Approved by the Town Council:
Renata M. Sos, Mayor
Town Council Special Meeting 4 December 6, 2023