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In response to Councilman Claire's questions and request for research, City Attorney Schricker advised that due to the incompleteness of the information and documents submitted by Mr. Atherly, he would need to track the 1971 resolution which relates to a Planned Development Permit If the Permit does establish CC&Rs, and that is a connection that would have to be established, the delegation of authority to a design review board has generally, in practice, applied solely to privately owned property, The City is not subject to CC&Rs, and it is unlikely that a design review board would have authority over matters within public utility easements. MIS: CLAIREILA BERGE TO POSTPONE ANY DECISION REGARDING THE TCI CABLE REBUILD IN REDWOOD SHORES NEIGHBORHOOD UNTIL THE CITY ATTORNEY HAS HAD AN OPPORTUNITY TO RESEARCH THE RAMIFICATIONS OF THE INFORMATION BROUGHT TO THE COUNCIL IN THE DOCUMENTS SUBMITTED BY MR. A THERL Y AND REPORT BACK TO COUNCIL; AND THAT NO FURTHER PTJBLIC COMMENT BE TAKEN REGARDING THIS MATTER. In response to Council questions, City Attorney Schricker advised Council that conflicting evidence must be weighed and credibility attached to it; TCI is legally not in breach of its Franchise; and that TCI might suggest that someone other than TCI pay for exchanging pedestals for flush mounted vaults, In response to the City Attorney's questions, Mr. Atherly advised that the position of the Board of the Redwood Shores Homeowners Association is that the Design Review Board established under the CC&Rs in the 1971 resolution has legal authority to review the design of the installation of cable television facilities. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: AYES: COUNCIL MEMBERS CLAIRE, GASPARINI, LA BERGE, SANFILIPO AND MAYOR BUCHAN NOES: COUNCILMAN GREENALCH MINUTE ORDER NO. 94-135 Councilman Claire asked the City Attorney to research and report back to Council regarding the subjects: what is included in underground utilities, legal definitions of wires and conduits; and the jurisdictional issues raised by Mr. Atherly. MEMO 5/17/94 -------------------------------------------------------------------------------------------------------------------------------------------- MAYOR BUCHAN DECLARED A RECESS AT 9:52 P.M. MEETING RECONVENED AT 10:02 P.M. -------------------------------------------------------------------------------------------------------------------------------------------- 6. WRITTEN COMMUNICATIONS None -------------------------------------------------------------------------------------------------------------------------------------------- MINUTE BOOK NO. 52 Regular Meeting Agenda Page No. 255 May 16, 1994 Page 6 ---..., . .,."".-.,. '----.'" ~...._--..-