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In response to those concerns, Ms. Skidmore said Sprint preferred that they have that responsibility as the equipment can be dangerous, and it is expensive, but many leases name the property owners as the responsible party. Planning Intern Erlich said the proposed ordinance lists the property owner as responsible, based on the assumption that more pressure could be brought to bear on a property owner rather than an operator. City Attorney Schricker said "Legally, the property owner needs to be bound by Use Permits. General provisions regarding Use Permits require the owner, or his or her agent, to make application. The use of any private property, for protection of the City as well as the owner, requires that the property owner be the responsible party." MEMO 2/11/97 In response to Vice Mayor Howard's question, City Attorney Schricker said if property owners do not remove the equipment as required, the City has "legal recourse.... It will be no different than any other Use Permit or Variance. We can always proceed against the property owner, or his or her agent." He added that any costs would be assessed to the owner. In response to Vice Mayor Howard's questions, Ms. Skidmore answered in the affirmative that Sprint would be willing to speak at neighborhood meetings. MEMO 2/11/97 In answer to Mayor Hartnett's scenarios under the proposed ordinance, Senior Planner Jany said the following procedures would be followed: A. If someone wanted to install an antenna system on the largest Oracle building, City staff would first look at the zoning. In this case it would be a commercial use and require a Use Permit. The next step would be to go through the Architectural Advisory Committee for review and then a public hearing would be held before the Zoning Administrator. At that point the Zoning Administrator would make a decision subject to the recommendations of the Architectural Advisory Committee. That decision can be appealed to the City Council. This use would also require a building permit. B. If someone wanted to install an antenna system on the Fox Theater the same process as in A. above would be required. C. If someone wanted to install an antenna system on the Mayor's house the application would be made at the counter. Under the proposed ordinance, this type of application would not be allowed in a residential, R-l zone, and the application would be denied. That denial could be appealed to the City Council. REGULAR COUNCIL MEETING MINUTE BOOK NO. 55 FEBRUARY 10, 1997 MINUTES Page Nn. 154 PAGE 7