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Item No. 3 (continued) with the following addition to the motion: that a Use Permit for such sales be issued for a period at the discretion of the Zoning Administrator, but in no case for period longer than 30 days, and that the use would occur no more than once within a one -year period on the same property MINUTE ORDER NO. 85 -76 approved for first reading unanimously by roll call vote. Council questioned the affect the ordinance would have on the downtown Farmer Market which operates during the summer months, and Mr. Schroeter responded that the market operated under a special permit through the City Manager's off i ce. ---------------------------------------------------------------------------- - - - - -- 4. Public Hearing -- Resolution of Intention to adopt Resolution of Necessity with respect to exercise of the power of eminent domain for acquisition of property for public purposes - Seaport Boulevard (per RESOLUTION NO. 9875, 5/6/85) (702 -12) (5 affirmative votes required) City Attorney Schricker advised that the action relates to the Seaport Boulevard widening project currently under way; that acquisition of property from PG &E had been negotiated some time ago; that the proceedings recommended are primarily a protective action to take formal steps preliminary to instituting eminent domain proceedings to formally acquire the property, and it may be unnecessary to go through the proceedings, but that some time is needed to negotiate terms and conditions of the deed. Mayor Britschgi declared the public hearing open at 8:25 p.m. Pete Bohley, Brian, Kangas, Foulk & Associates, referred to a slide projection of the project area, identified the property owned by PG &E, and advised that the discussions with PG &E related to the proposed location of the storm drain pump station. He stated that all of the facilities, including the pump station fuel tank and generator pad, are all under existing overhead wires. Mr.Bohley replied affirmatively to questions by City Attorney Schricker that in order to widen Seaport Boulevard, which is adjacent to the existing right -of -way, it is necessary to widen into property contiguous to the existing road; that the location of the pump station has been designed with due adherence to requirements for public safety; that although he had no specific knowledge of a similar type pump station being located under transmission lines, they had taken photographs of installations of similar structures so located; that the design of the project an the pump station are consistent with good engineering practices, under the constrained existing rights -of -way, and that another location would require taking of property of another person. Mr. Bohley advised in response to further questions by Mr. Schricker that plans had been submitted for review by PG &E but there had been no comment from them until recently. Reg.Mtg. 6/3/85 Page 4 MINUTE BOOK NO. 45 Page No. 487