11/20/1996 - Laserfiche WebLink

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5. UNFINISHED BUSINESS 5.1 Approval of Agreement with Metricom, Inc. to allow installation of Wireless Data Equipment -- Reso #_ Casey reiterated her opinion that to impose a franchise fee for this service was an unfair tax to the residents. The City Attorney responded that legally franchise fees are not taxes. They are payment for the use of rights of way. The other option was to charge a percentage of gross revenues. Dauber suggested that the fees were appropriate because the service resulted in a slightly less attractive Town with boxes on the poles and was a service used by a small percentage of residents. Christopher Sinclair, Metricom, Inc., addressed the Council on the franchise fee issue as well as the address issue which had been raised at an earlier Council Meeting. He explained how the the franchise fee was passed on to the customers. On the address issue, he concurred that it was confusing with the Town having the same zip code as Los Altos and County areas. Basically they were relying on residents honestly stating where they lived. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to adopt Resolution #101 granting to Metricom, Inc. a nonexclusive franchise to attach, install, operate and maintain a wireless digital (� communications radio network in, on, over, upon, along and across the public right-of-way in the Town with the stipulation added to the agreement that Metricom shall be responsible for determining which billing addresses are within the Town to the satisfaction of Los Altos Hills. Casey stated that she reluctantly voted in favor of this motion. While she wanted these services to be available to the Town's residents, she did not support the franchise fee, believing it to be an unfair tax to the residents. 5.2 Report on private/public road issue The City Manager referred to his staff report which included alternatives for funding additional street maintenance and capital improvement projects. The report further addressed the level of funding which should be undertaken and included the cul-de-sac issue. One of the issues under discussion was whether to continue with the interim policy adopted in March, 1996 or adopt a new policy. The interim policy regarding public/private roads stated: "If there is clear title, a minimum of 40' right of way, the improvements are in an accetable condition and constructed to Town standards, and the residents want it to be public, the Town shall accept the road as public." November 20, 1996 Regular City Council Meeting