CCMIN120605 - Laserfiche WebLink

4. CONSENT CALENDAR Mr. Thorne requested a correction to page seven, paragraph one, of the November 15 minutes to state, ''the intent of this process was to benchmark with not similar industries." Mr. Brozosky requested a correction be made to page two, paragraph two, to reflect Mr. Sullivan requested agenda item 4k, be removed from the Consent Calendar to Public Hearings and Other Matters, agenda item 6g. Mr. Brozosky referred to agenda item 4f and asked if the lease agreement with Ether Web Network LLC precluded others from using this site? Nelson Fialho, City Manager, said the lease agreement established the construction of a lattice structure that would occupy not only the City's infrastructure and telecommunications equipment but also the providers. If a second provider wanted to utilize this facility, it would enter into negotiations on the terms and conditions with the City. Michael Roush, City Attorney, said the lease agreement was written in a way to allow others to use the site so long as it does not interfere with this particular use. Mr. Brozosky asked if the City would be allowed precedent if it chose to install its own communication facility in the future? Mr. Roush said the lease agreement allowed the City to terminate the agreement if it could show that it had some public necessity to use the site that would preclude the lessee from using it. He believed the City could install its own communication system at 9000 Santos Ranch Road as long it did not interfere with this particular lessees use of the site and if it was demonstrated that the City's proposed use interfered with the lessee's, then the City would not be allowed to install its own communication facility unless there was an overriding public necessity of the need to use this site for this purpose. Staff did not anticipate this would occur. He noted that every three years, the City has the option of not renewing the lease agreement. Mr. Brozosky referred to agenda item 4e and said he was disappointed with the cost to remove the roundabouts. Mr. Thorne referred to agenda item 4b, PDR-496, City of Pleasanton, and asked if the Delucchi Park Public Restroom project was within budget as upgrade modifications were added to the project. Mr. Fialho said staff would present to Council a project that attempts to stay within the budget of $290,000. The items that were added to this project by the Planning Commission would be reflected as "add alternates" for Council to consider prior to placing this project out for bid. If Council chooses to agree to any of the modifications as recommended by the Planning Commission, it would have an opportunity to include them prior to going out to bid. Ms. McGovern commented on several items on the Consent Calendar that she believed the public ought to be aware of: (1) agenda item 4b, PDR-489/PV-138, Nordstrom's and The Mills Corporation - application for design review approval of a phased development plan for the expansion and remodeling of Stoneridge Mall. Phase I will relocate the existing Nordstrom's store by constructing 144,000 square feet of new retail area and add two restaurants (The Cheese Cake Factory and PF Changs) totaling 15,600 square feet; (2) agenda item 4g, contract Pleasanton City Council Minutes 2 12/06/05