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2. ROLL CALL City Clerk Dawn Abrahamson called the roll, which was recorded as follows: Councilmembers present were Steve Brozosky, Cindy McGovern, Matt Sullivan, and Jerry Thorne. Staff members present were: Nelson Fialho, City Manager; Michael Roush, City Attorney; Steven Bocian, Assistant City Manager; Tim Neal, Police Chief; Jerry Iserson, Director of Planning and Community Development; Jim Wolfe, Director of Parks and Community Services; and Andy Jorgensen, Community Arts Manager. Mayor Hosterman was absent and excused. 3. AGENDA AMENDMENTS Nelson Fialho noted agenda item 6c, resolution to amend Resolution 03 -008 to restate Council's direction to staff and provide greater flexibility in determining Happy Valley Bypass Road options and establish a Blue Ribbon Committee to identify Happy Valley Bypass Road options, was being continued by staff to March 7, 2006. At the request of Councilmember McGovern, agenda item 4f, resolution amending Master Fee Schedule concerning taxi cab rates, was pulled from the Consent Calendar and moved to agenda item 6d 4. CONSENT CALENDAR Mr. Brozosky referred to agenda item 4d and wanted to ensure that developers would not be responsible for paying an additional flat fee component of $645 for the City's cost in administering the fee, and that the fee would come out of the funds for the Tri- Valley Conservancy. Nelson Fialho, City Manager, said that was correct. He said the $645 flat fee is deducted from the fee that each developer pays and that the City collects on behalf of the Tri Valley Conservancy. Mr. Brozosky asked when the $645 flat fee would be collected? Michael Roush, City Attorney, said the $645 flat fee was part of the Agricultural Fee and if there were a phased final map, the City would collect the fee twice, which would cover the City's costs in administering the fee. Mr. Brozosky referred to page two, paragraph two of the staff report, and pointed out the staff report indicated that given a dispute with Greenbriar Homes regarding the amount of the fee on the Heinz/Bordeaux I project, staff advises that the fee be formally adopted as part of the City's Master Fee Schedule. It was his understanding there was no dispute with Greenbriar Homes. The City collected money and the Tri Valley Conservancy believed the City did not collect enough and subsequently, the City attempted to collect an additional amount from Greenbriar Homes after the fact. At the time Greenbriar Homes paid its fees, however, it paid what it believed was the correct amount. Pleasanton City Council 2 02/21/06 Minutes