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PLANNING COMMISSION <br />June 22, 1983 <br />Page Nine <br />Judith Epstein, of Crosby, Heafey, Roach and May, attorneys for <br />USA Today,addressed the Commission. She indicated that USA Today <br />has no subscription to their paper and that most issues (90%) are <br />sold by single copy from newsracks, which is why they are most <br />concerned about the placement of racks. Lots of money and thought <br />has gone into the design and placement of the racks. iJSA Today <br />is willing to cooperate with the city, but the city must understand <br />their particular problem. She quoted from the California Supreme <br />Court decision in Cash Enter rises v. City of Los An eles which, she alleged, <br />prohibits governments rpm regu acing rac s or aest etic reasons. <br />Ms. Epstein asked for more time to work with the City, but <br />cautioned that everyone should have realistic expectations <br />Acting Chairman Lindsey asked staff if they felt there would <br />be any further progress from future negotiations. <br />Mr. Harris suggested the we go ahead with preparation of an <br />ordinance as he did not foresee a great deal of progress being <br />made regarding areas outside the downtown area. <br />The attorney for the Oakland Tribune also addressed the Commission <br />and indicated he felt the problems could better be solved by <br />consulting with the Committee rather than by ordinance. <br />Mr. William G. Kovac, 3124 Weymouth, said the newspapers had a <br />right to sell their product, but that the city also had a right <br />to control their location. <br />The public hearing was closed. <br />Acting Chairman Lindsey directed staff to work with the Committee <br />to draft an ordinance which will he presented to the Planning <br />Commission in about six weeks. <br />General Plan and Rezoning Study for the 6.6 Acre Site at the <br />Southwest Corner of I-680 and Stonerid e Drive (Re is Homes Site). <br />This item was continued to the meeting of July 27, 1983. <br />TENTATIVE MAPS <br />There were none. <br />COMMUNICATIONS <br />There were none. <br />REFERRALS <br />There were none. <br />