PC 06/22/83 - Laserfiche WebLink

,~ PLANNING COMMISSION June 22, 1983 Page Ten (.revised 7/19/83) Judith Epstein of Crosby, Heafey, Roach and May, attorneys for USA Today, addressed the Commission. They agree with the program for downtown with the modular system. They are less than willing to agree to modular racks elsewhere because it would limit single racks in other locations where other newspapers might not like to put their racks. Their papers are sold only by single copies from newsracks. They have spent a lot of money and thought in the design of their racks. She indicated that if there is a public safety or particular business problem, they will address each issue. She then cited a portion of the California Supreme Court decision in Kash Interprises vs. City of Los Angeles which she alleged supported her position. She offered this cite not as a challenge, but as guidance. Commissioner Lindsey related the incident where a rack was chained to a tree in front of a restaurant. The owner requested the rack be removed and was told he did not have the right to have it done. He said the San Jose Mercury racks have popped up everywhere since this problem began. He feels the City and citizens should have a right to have control over the location of these racks. The USA Today attorney asked for more time to satisfy the City's needs. She cautioned that everyone have realistic expectations. She indicated that there will be instances where specific locations will be requested to be removed and USA may say no. She requested the City to have reasonable place and manner restrictions. She suggested the Alameda ordinance would be a useful tool. However, she preferred to go back to the Committee for better and quicker results. She also added that more racks are appearing because Pleasanton is growing and there is an increased demand for newspapers. Commissioner Lindsey asked Mr. Harris if the staff feels if more time is allowed there would be some progress. Mr. Harris said the stumbling block was USA Today not going along with the program and that if USA Today only agrees to downtown then there is a problem. He recommended that an ordinance be prepared. Commissioner Arrigoni and Getty felt that if no agreement could be reached, then an ordinance be drafted rather than waiting any longer. Counsel for the Oakland Tribune then addressed the. Commission. He felt that the best results would be by working with. the Committee and that they could do things that could not be done by ordinance. He requested a list of specific problem locations. -10-