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- .- D. Paul Polumski, 128 F Street, also addressed the issue of the proposed Circle Star Theatre site development describing the proposed revisions agreed to by the developers. He advised that most neighbors were absent ITom this meeting as they planned to attend the - San Carlos Planning Commission meeting on Wednesday, April 9, 1997. He agreed that traffic and visual impacts remained unresolved, and distributed the letter he had read, which is on file in the City Clerk Department. MEMO 4/8/97 E. Enid Brock, 1837 Brewster, also expressed her support for Consent Calendar Item 2.1. appropriating funds for playground equipment in Stulsaft and Stafford Parks. MEMO 4/8/97 F. Ginny Hughes, 18 Admiralty Place, referred to her appearance before the Council on March 24, 1997 and said within 24 hours of her request to Council, City staff had contacted her. She said the code enforcement violations she had identified had now been resolved. She thanked the Council, and gave Council Members a big box of scrumptious home-baked cookies which Council shared with City staff and the audience. MEMO 4/8/97 G. Michael Harris, 197 Wellesley Crescent, reported that newspaper racks in ITont of McDonald's on Whipple, Burger King on El Camino Real and in other places in the City, were blocking sidewalks and impeding pedestrian progress. He said with the Council's '-- emphasis on beautifying the City and increased emphasis on code enforcement, he wondered why the City allowed these violations of the City Code, especially in light of ADA requirements. He asked if Council could have them removed. In response to Council questions, City Attorney Schricker advised that the courts had issued opinions that, in effect, applied First Amendment protections to newsracks under certain conditions, and the City had to be very careful in limiting their placement. He agreed however, that newsracks could not impede pedestrian progress, and each newsrack had to be reviewed separately. He described the notification to publishers which had to occur before the City could remove a newsrack, as real property interests are involved. In response to Mr. Harris' questions regarding other infiingements of public rights of way, Mayor Hartnett said he would be glad to discuss the Constitutional restrictions and nuances of the law with Mr. Harris at another time. Vice Mayor Howard advised that the Council and City staff had been working for two years on developing the most appropriate and legally sound newspaper rack ordinance possible, and it would come before the Council sometime in May. She said input ITom the newspaper publishers and the public would be very important to the development of a mutually acceptable and legal ordinance that would protect all interests. '-- REGULAR COUNCIL MEETING MINUTE BOOK NO. 55 APRIL 7,1997 MINUTES Page No. 225 PAGE 3