CCMIN101183 - Laserfiche WebLink

Mr. Alan Freeland, Counsel for the San Francisco Chronicle and the Newspaper Agency, stated he opposes the proposed ordinance because of the requirement of modu- lar newsracks. He advised this would cause a hardship on small independent dealers. He stated this requirement is unprecedented and that no other cities have imposed this type of ordinance; and that there is no rational public purpose being served here. He stated he would not generally oppose requirement of the modular newsracks in the Historical Business District but did not feel they should be required in the entire City. Mr. Freeland asked that a cross-reference be included in the ordinance relative to bicycle/pedestrian paths. He also stated he did not feel there should be a fee for general encroachment permit, and did not believe it is the intent of the ordinance to charge such a fee. He stated his main opposition is to the requirement of modular newsracks throughout the City. There being no further testimony, Mayor Butler declared the public hearing closed on this item. Mr. MacDonald stated he did not believe it is the intent of the ordinance that an encroachment permit fee be charged. Mr. Harris clarified the meaning of the refer- ence to bicycle/pedestrian path to Mr. Freeland. Mr. MacDonald stated that Mr. Free- land raises a constitutional issue regarding the requirement of modular newsracks but the proposed ordinance falls within the legal requirements as being a reasonable time, place and manner regulation. After discussion, it was moved by Councilmember Brandes, and seconded by Council- member Mercer, that Ordinance No. 1103, to be read by title only and waiving further reading thereof, adding a new Article 5 (Newsracks and Similar Dispensers) to Chapter 8, Title V of the Ordinance Code of the City of Pleasanton, to include both sides-of Peters Avenue in the Historical Business District, and that there will be no fee for the encroachment permit, be introduced. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None After further discussion, it was moved by Mayor Butler, and seconded by Council- member Wood, that the newspapers be allowed six months to bring their newsracks into compliance with the requirements of the above ordinance. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None Review and determination of 1984 residential development allocations under the City's Growth Management Program Mr. Harris presented his report (SR 83:387) dated October 3, 1983, regarding this matter. Mayor Butler declared the public hearing open on this item. No one in the audience spoke in favor of or in opposition to the item. Mayor Butler declared the public hearing closed. After discussion, it was moved by Councilmember Brandes, and seconded by Council- member Mercer, that Resolution No. 83-454, determining that in addition to the 429 LTA set aside for the 1984 Growth Management Program, that 100 units be allocated for smaller projects with a maximum of 50 units to one developer, be adopted. 13. lo/11/83