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4. Report re permitted uses in downtown area (per Council request 4/8/85) (* Report of City Manager 4/12/85 City Manager Smith referred to three reports submitted to Council on the subject, from the Police Department, City Attorney, and Planning Director. In reply to question by Council, City Attorney Schricker advised that under the Use Permit procedure recommended in his report, the Zoning Administrator would hold a hearing, take testimony and make a determination as to whether the Permit should be issued. If the application for the Permit is denied, the applicant has the right to appeal to the City Council. Police Chief Guardino stated that he has five applications of non - profit organizations to conduct bingo games, and if the use in the building (2107 Broadway) is permitted, then he will rule whether these particular applicants may conduct the games. If the permit is not issued, then the applications are a moot point, since they would have no place to conduct the games. City Attorney Schricker reviewed some of the restrictions in the present bingo ordinance, and noted Council might consider legislative enactment to limit frequency of games at any one location; that he believed most existing bingo operations fall within the limitations of not more than one hundred sessions in one year. In response to question by Council he indicated that limiting bingo operations to local organizations probably could not be done under equal protection laws. Mayor Britschgi noted that a number of people in the audience had expressed the wish to speak on the matter, and since this is not a public hearing, questioned the appropriateness of opening the matter for further discussion. City Attorney Schricker advised that insofar as the speakers may want to address the particular application for the Use Permit, such comments would more appropriately be directed to the Zoning Administrator, since Council does not have jurisdiction to issue Use Permits, and with respect to changing the bingo ordinance, a public hearing is unnecessary. Amending the Zoning Ordinance would be more formal and would require notice and public hearing. Amendment to the Downtown Plan would be initiated by referral to the Planning Commission, or more formally, Council could initiate proceedings by a resolution of intention, which would be considered by the Planning Commission. Discussion continued regarding the fact that the zoning ordinance is not consistent with the Downtown Plan; the possibility of establishing an "RB" (Retail Business) District as opposed to adopting an emergency ordinance or moratorium. Thomas E. Ross, 9323 Texan Drive, Sacramento, of Sacramento Community Service Center, Inc., described his operation in Sacramento and mentioned several non - profit agencies benefitting from his service. He stated that two issues are involved: what is the best use of the building, and whether it is Council's intention to regulate competition. Reg.Mtg. 4/15/85 Page 6 MINUTE BOOK NO. 45 Page No. 338