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359 <br /> <br /> Mr. Frank Lowenthal, 4586 Gatetree Circle, also expressed his concern <br />about receiving something in his home which he does not want. <br /> Mr. Ray Galuba, 2527 Cordobella, President of Pleasanton Joint School <br />District, expressed his concern over the situation and indicated he had to <br />make three trips to get his converter exchanged. <br /> Mr. Dave Burton of Dublin, co-chairman of Citizens Advisory Council, <br />spoke in support of Mrs. Severin's comments to the Council. Mayor Butler then closed the public hearing. <br /> Considerable discussion then ensued between Council and the Viacom <br />representatives regarding the availability of equipment and timing of <br />conversion to new Z-tac system. It was suggested that the transition <br />could be complete by March 1983. After some discussion among Council and <br />with the advise of the City Attorney, it was deemed advisable to enter <br />into some kind of agreement or contract outlining the technical steps to <br />be taken by Viacom to resolve this problem and the timing of the conversion. <br /> <br /> It was moved by Councilmember Brandes, and seconded by Councilmember <br />Mercer, that Resolution No. 82-463 be adopted providing that the premium <br />service subscribers who now have the SA 6700 converters be replaced with <br />the Zenith Z-tac system; that the Escapade subscribers be the first ones <br />to obtain this new system which shall commence no later than February 1, 1982 <br />and be completed no later than March 1, 1983; that at the time of conversion <br />all subscripers be made aware of the kelock parental control device which is <br />available at no charge; that Viacom use the A-2, or similar channel which <br />would prevent the SA 6700 or Hamlin converter from receiving Escapade, and <br />that Escapade be removed from all but the A-2 channel on March lst; in <br />addition, outside or negative traps will be provided upon request at no <br />charge to those who have cable ready televisions or VCR recorders; that <br />a monthly progress report be required between now and February and also <br />after implementation begins to be forwarded to the City Manager; and that <br />all the above be contained in a written agreement with Viacom or a form <br />deemed property by the City Attorney. <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes, Mercer, Mohr, Wood and Mayor Butler <br />NOES: None <br />ABSENT: None <br /> <br /> There was a short intermission at this point. <br /> <br />Appeal of Richard Hempy of a decision of the Planning Commission denying <br />his application for Planned Unit Development (PUD) development plan approval <br />for a four lot residential subdivision of approximately 4.35 acres of land <br />located on the west side of Foothill Road adjacent on the south to 5050 <br />Foothill Road. <br /> <br />Consider adoption of Negative Declaration <br /> Mayor Butler opened the public hearing. <br /> Mr. Richard Hempy, 201 Spring Street, spoke to the Council and expressed <br />his concerns over Conditions 22, 25, 46 and 47 of the staff report. He wished <br />them to remove condition 47 entirely. <br /> Mr. Warnick reviewed his report and the staff recommendations. <br /> Rhonda Hempy and Sandy, their daughter, spoke in support of the remarks <br />of Richard Hempy. <br /> DeWitt Alt, 4848 Treewood Court, indicated his concerns about traffic <br />on Foothill and sewer problems if a septic tank is used. <br /> <br /> 5. 11/23/82 <br /> <br /> <br />