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Minutes 1994 0502
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CM City Clerk-City Council - Document Type
Minutes
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5/2/1994
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Minutes - San Leandro City Council Meeting - May 2, 1994 Page - 14 - <br /> PUBLIC HEARINGS (continued] <br /> Ijanda Oudemieur, 4339 Balboa, San Francisco, Treasurer of SFWA, said <br /> the Planning Commission was told by the Assistant City Attorney they <br /> could not rule on the content of the mural . She said Mrs. Campbell <br /> decided to proceed with the mural so people could see what it was all <br /> about. She said the SFWA appreciates the contributions from the <br /> project and hopes Mrs. Campbell does not suffer more penalties. <br /> Kim Larson, 764 Collier Drive, said she likes the mural and knows how <br /> expensive it can be to remove graffiti . She said Mrs. Campbell made <br /> every attempt to comply with the City's procedures, and it should not <br /> have taken three months to get a response to her September inquiry. <br /> She said the change of jurisdiction has lengthened the process. <br /> Jonathan Ladue Swifter Turtle, a tribal representative, 2165 - 158th <br /> Avenue, said the mural looks at human and spiritual issues, not a <br /> singular purpose of women artists. He said he feels very strongly <br /> about activities that do not harm children or people on the earth. He <br /> said if the Council feels it must, they should fine Mrs. Campbell ; but <br /> then they should go about the business of running the City. <br /> Lou Filipovich, 15376 Laverne Drive, said safety is controlled by the <br /> laws that cover safety. He said there was one dissenting vote on the <br /> Planning Commission. He said the City Council should walk away from <br /> this matter, and Mayor Corbett and Council Member Perry should not vote <br /> on it because it is a women's issue. <br /> Alice Campbell discussed petitions that had been submitted at the <br /> Planning Commission Meeting, said 17 of the artists were from San <br /> Leandro and said the parents of the child who was at the site were <br /> watching the child. She said the work on the mural is a very powerful <br /> statement and a great celebration that helps women's image in the <br /> world. She discussed murals in other communities and said San Leandro <br /> should be supporting the arts, as occurs in other cities. <br /> There being no further comments from the public, on motion of Council <br /> Member Kerr, seconded by Council Member Galvan, and carried <br /> unanimously, the Public Hearing was closed. <br /> The City Attorney reviewed the criteria for the City Council 's <br /> decision. He said the issue of non-commercial murals has been included <br /> in the draft of the Zoning Code ordinance since April 1992. He said <br /> the mural is free expression entitled to First Amendment protection and <br /> described the methods by which the City Council could make its <br /> decision. He said they can only consider whether the public safety was <br /> at risk or whether the mural posed a hazard. They could not act as to <br /> content. He said the City Council could not be concerned with whether <br /> there was a violation of the Code in making the decision; the decision <br /> was based only on public safety, and the Zoning Code violations would <br /> be addressed in another manner: He said staff had included a request <br /> that the City Council impose an administrative fine for violation of <br /> the zoning ordinance. <br />
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