CCMIN071905 - Laserfiche WebLink

Mr. Thorne asked that a correction be made to the second sentence on page 16, paragraph two, of the July 21, 2005 minutes changing the word "Council" to "public." He asked staff to provide a brief description of Proposition 218 as it pertained to agenda item 4n. Michael Roush, City Attorney, reported that Proposition 218 is a follow-up to a number of constitutional initiatives that the voters have passed. Proposition 215 requires voter approval before certain assessments, fees or taxes are levied against certain property charges. Proposition 218 makes it more difficult, in a general sense, for counties and cities to impose taxes or assessments against property without voter approval. He noted that the City has a number of assessments against properties throughout Pleasanton and the County is looking for the City's assurances that these assessments and taxes comply with Proposition 218 in the sense that the majority of these assessments were enacted, adopted or imposed before Proposition 218. It has been the City's position that there has been no problem with imposing these taxes and assessments on the properties in question and simply ratifies it so that the County feels comfortable in placing these assessments on the tax roll. Mr. Thorne referenced agenda item 4t and pointed out that the contract with Mundie & Associates is for an amount not-to-exceed $189,500. He asked if it is common practice to award a contract of this amount without requesting proposals for bids. Mr. Fialho said it is for this type of project whereby the City has a current agreement in place with a professional planner who is spearheading and assisting in coordinating the project. The City would be sub-consulting the Environmental Impact Report (EIR) work in such a way as to expedite the project to meet the timeline between now and the end of the year. Mr. Roush noted that staff often looks to the relative expertise of the consulting firm who will be conducting the environmental work. He noted that Mundie & Associates had provided the underlying environmental work for the Specific Plan that was adopted by Council in 2000, and it made sense from staff's point of view to continue with this firm, as it is familiar with the issues involved. Mr. Thorne stated he would abstain from approving the minutes of June 8, 2005, as he was not a member of the Council. It was moved by Mr. Thorne, seconded by Ms. McGovern, that the following actions on the Consent Calendar by taken with corrections to the minutes of June 21, 2005 ss noted by Mr. Thorne, and with Mr. Thorne abstaining from approving the minutes of June 8, 2005 and Ms. McGovern recusing herself from agenda item 4r: a. Approved the minutes of the 06/08/05 Council workshop and the minutes of the 06/21/05 City Council regular meeting. b. Accepted the Actions of the Zoning Administrator and Planning Commission. (IR 05:037) No action was required or taken on this item. c. Approved the Monthly Disbursements, Investment Report and COPS AB 3229 Expenditure Reports for May2005. (SR 05:181) d. Approved plans and specifications, reviewed bids and awarded construction contracts to AJW Construction for the Annual Curb and Gutter Replacement, Projects Nos. 045009 and 045003CS and to Rosas Brothers Construction for Project No. 015031. (SR 05:184) e. Accepted public improvements for Tract 7271, Walnut Hills (KB Home). (SR 05:186) Pleasanton City Council 2 07/19/05 Minutes