Minutes 1994 0502 - Laserfiche WebLink

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Minutes - San Leandro City Council Meeting - May 2, 1994 Page - 9 - PUBLIC HEARINGS (continued) Mrs. Campbell gave the Latin definition of a mural and described other murals. Council Member Myers noted that the violation of the zoning laws seemed to be over-shadowing the good of the mural . There was continued discussion regarding the timing of the series of Hearings on this matter and Mrs. Campbell 's timing in terms of painting the mural . Steve Meyers, City Attorney, said the fundamental issue before the City Council was the question of freedom of expression and the City's power to regulate the use of property to protect the public health, safety, and welfare. He said, not at issue was content, the type of art work, etc. He said the mural represents a form of protected free speech, but the City can regulate the time, place, and manner of such a communication. He said the Zoning Code regulates non-commercial murals to ensure they will not pose a hazard to the public, and that is the only issue before the Council . The Hearing was then opened to the public. John Campbell , 14655 Outrigger Drive, said he is Mrs. Campbell 's son, and has worked on this program with her. He said the first copy of the Zoning Code they received, which included the reference to non- commercial murals, was dated October 21 ; and he felt the reference to murals could have been put in the Code after Mrs. Campbell 's initial contact. He said Mrs. Campbell proceeded with painting the mural because she felt the Planning Commission had no intention of giving her a fair hearing, and no matter what she brought forth her request would be denied. He said the sign giving the name on the mural is over 18 inches because they considered it to be an integral part of the piece, not a sign. Council Member Polvorosa said he felt Mrs. Campbell had adequate time to submit sketches and expressed concern over the size of the words. Mr. Campbell said he and his mother looked at all of the ramifications involved in painting or not painting and felt they had no choice but to proceed with the mural . In response to City Council questions, he said they were not prepared for the reception they received at the Planning Commission, especially on the issues of public safety and traffic hazards. He said, if they had waited to appeal the matter to the City Council before painting the mural , the project would have been destroyed. Mr. Campbell said he believes staff recognized the validity of what they were trying to do and were making an honest attempt to deal with something that had never been brought to them before.