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Commissioner Doherty was very concerned about the stand on Santa Rita <br />Road at Mohr Avenue and the East Bay Today stand located at that site. <br />He said he doubted that any kind of permit was requested by them to do <br />that. Mr. Harris indicated that East~Bay Today did send the City a <br />letter stating the locations in which they wished to locate. Commissioner <br />Doherty said having the stands in shopping centers is one thing but was <br />sure that it was illegal on public property and strongly recommended <br />a letter be sent to the Oakland Tribune, East Bay Today and their parent <br />company in Rochester. <br />Mr. Swift stated he had considerable discussion with one of the companies <br />as they have hired a San Francisco law firm to research overall locations <br />and that he indicated to them they would need an encroachment permit <br />to put stands on sidewalks, however, the encroachment ordinance is <br />primarily directed to construction. He said they advised the law firm <br />to check with the Planning and Engineering Division concerning this matter <br />for determination as to what kind of permits would be required. Com- <br />missioner Doherty responded that he thought 72 hour notice should be served <br />to remove the newstand from Mohr and Santa Rita Road and that perhaps <br />they should be picked up and stored in the corporation yard of the City. <br />Commissioner Getty said that many downtown areas have ordinances and that <br />East Bay Today is all over town and they are becoming an eyesore. Mr. <br />Swift said that perhaps the City should look at what they would like in <br />the way of regulations concerning this matter. Chairperson Lindsey asked <br />if it would be appropriate for staff to come up with a proposed ordi- <br />nance for Planning Commission to look at. Mr. Swift responded that it <br />would be appropriate and Mr. Harris agreed. <br />Mr. Swift spoke to the First Amendment aspects of ordinances regarding <br />this subject and that the City needs to look at what kind of regulation <br />could be drafted that would require appropriate kinds of permits and <br />review standards. <br />Commissioner Getty stated Mr. Harris' letter to Arnold Lenk, Tam <br />Investment Company, got right to the point and supported it concerning <br />leasing of space vs. parking on the site. Mr. Harris explained the <br />parking required for development, i.e., it was predicated on small <br />retail specialty shops and not food establishments which require more <br />parking. Commissioner Getty indicated she had heard that Mr. Lenk is <br />now talking to two fast food outlets for the center. Mr. Jamieson <br />said perhaps the rationale is being used that parking would be more <br />readily available during the evening hours but didn't concur with that <br />theory. Chairperson Lindsey said he supported Mr. Harris' letter to <br />the developer. <br />Commissioner Jamieson stated that the City should start thinking about <br />satellite dishes being installed in areas such as driveways, etc., <br />and further, the City should look at windmill installation. <br />Commissioner Doherty praised the flag pole recently located at <br />3510 Old Santa Rita Road. He said it is beautiful. <br />-2- <br />