HomeMy Public PortalAboutCity Council_Minutes_1984-04-17_Regular 1984CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
APRIL 17, 1984
INITIATION:
1. CALL TO ORDER:
Mayor Gillanders called the regular meeting of the City Council to
order at 7:30 p.m. on Tuesday, April 17, 1984, in the Council Chamber
of the City Hall.
2. The invocation was given by Reverend Randi Walker, Arcadia Congrega-
tional Church, 2607 South Santa Anita, Arcadia.
3. The Pledge of Allegiance to the Flag was led by Mayor Gillanders.
4. ROLL CALL:
Present: Councilmen - Atkins, Dennis, Swain, Tyrell, Gillanders
Absent: Councilmen -None
Also Present: City Manager Koski, City Attorney Martin, Planning
Director Shaw, Parks and Recreation Director Kobett
and Julie Estrada, Temple City Times.
At this time Mayor Gillanders presented a Certificate of Recognition to
Edith Huff, Temple City nominee to Outstanding Older American in Los
Angeles County, stating Mrs. Huff's concern for her fellow man can be
seen in the many ways she gives of herself. Her zeal and vitality are
well exemplified in the activities she has conducted for hospitalized
veterans, including service as past president of the American Legion
Auxiliary; Chairman of the Poppy Sales; refurbishing of dolls for
Children's Hospital, Past President of Temple City Senior Citizens Club;
and, most recently, she is taking food items to residents of a home for
the aged, deaf and blind, as well as being actively involved in the. Sister
City program with Hawkesbury Shire, Australia.
5, MUNICIPAL ELECTION
A. CANVASS OF VOTE.
City Clerk Koski presented Certificate of Canvass of the Municipal
Election held April 10, 1984 (Exhibit "A ") which showed incumbents
William I. Dennis and Jack R. Tyrell elected for a seat on the City
Council. He read the title to Resolution No. 84 -2254 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, RECITING
THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF TEMPLE
CITY ON THE 10TH DAY OF APRIL, 1984, DECLARING THE RESULT THEREOF AND
SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. Councilman Atkins moved
to adopt Resolution No. 84 -2254, seconded by Councilwoman Swain and
unanimously carried.
B. SEATING OF COUNCIL.
City Clerk Koski presented Certificates of Election to William I.
Dennis and Jack R. Tyrell, and administered the Oath of Office.
C. REORGANIZATION
At this time, the City Clerk assumed the Chair and opened nominations
for the office of Mayor for the coming year.
Councilman Tyrell nominated Councilwoman Swain for the office of
Mayor and further moved that nominations be closed and a unanimous
ballot be cast for Councilwoman Swain for office of Mayor, sec-
onded by Councilman Atkins and carried.
CITY CLERK'S CERTIFICATE OF CANVASS
EXHIBIT "A"
I, Karl L. Koski, City Clerk of the City of Temple C
Los Angeles, State of California, duly authorized by Reso
84 -2243 adopted by the City Council of said City on the 6
March, 1984, do hereby certify that I have canvassed the
regular general municipal election held in said City on t
April, 1984, and find that the number of votes given at e
and the number of votes given in the City to persons vote
respective offices for which said persons were candidates
follows:
Dated: April 11, 1984
oe
City Clerk of the City of Temple City
ity, County of
lution No.
th day of
returns of the
he 10th day of
ach precinct
d for, the
were as
1
H M EIt OF T 1E CI'T'Y COUNCIL
TOTAL BA1. -
LOTS CAST
AT PRECINC'
TOTAL VOTES
CAST AT
PRECINCT
PRECINCT
NO
'ARNOLD MARK • JACK ROBERT WILL AM
11ANSEN GERARD TYRILJ, PI'[TS MINIS
5
85
89
81
54
85
202'
394
6
13
20
43
42
49
86
167
8
19
17
63
37
56
101
192
9
54
49
108
62
94
190
367
10
160
148
61
' 47
65
245
481
11
12
5
55
18
39
66
129
14
34
16
127
66
108
191
351
16
15
27
113
71
96
'170.
322
200
31
15
105
80
88
174
319
206
3
3
3
4
3
9
16
6125
51
41
75
89
65
175
321
6131
35
22
90
65
102
171
314
6134
20
20
85
79
87
166
291
6137
31
32
104
76
98
173
341
AV
35'
32
68
44
53
'117
232
TOTAL
598
536
1181
834
1088
2236
4237
Council Minutes, April 17, 1984 -Page 2
Mayor Swain accepted the gavel and on _behalf of the City Council
presented to Councilman Gillanders a plaque in recognition of the
many hours of dedicated service he had given to the City in the past
year. Councilmembers individually echoed their thanks and apprecia-
tion for a job well done. Mayor Swain called for nominations for the
office of Mayor Pro Tem.
Councilman Dennis nominated Councilman Atkins for the office of Mayor
Pro Tem and further moved that nominations be closed and a unanimous
ballot be cast for Councilman Atkins for the office of Mayor Pro Tem
seconded by Councilman Gillanders and carried.
Councilman Gillanders stated when he became Mayor, he had three main
objectives: First, was to conclude the purchase of the County Engi-
neering facilities; second, revitalization of the Sister City program
and with Council cooperation we have a new Sister City affiliation in
Australia; and third, to attempt to redress a situation Temple City
has been faced with since passage of Proposition 13 whereby we are
excluded from the property tax pool by the State of California and
thereby are in a situation where fiscal responsibility is becoming
more important as we are faced with dwindling income. Councilman
Gillanders thanked the members of the Commissions who, along with
Council, are volunteers who perform a worthwhile service and have
done a remarkable job.
Councilman Atkins stated they are all pleased and proud to see Mayor
Swain in the Mayor's chair and are looking forward with confidence
to the coming year.
Councilman Dennis thanked those who gave him their votes of con-
fidence and stated he appreciated their friendship and kindness
they have shown him.
Councilman Tyrell congratulated Mayor Swain and expressed appreciation
for those who had supported his re- election.
Mayor Swain stated it is a challenge coming on to a Council such as
this and thanked the Councilmembers and the community as a whole for
their support in the past year. She was hopeful that the relation-
ships and friendships that have developed will continue and was
looking forward to serving the community and doing the best job she
can.
D. APPOINTMENTS
Mayor Swain made the following committee appointments, following
which it was moved by Councilman Tyrell, seconded by Councilman
Atkins and unanimously carried that the appointments be confirmed.
City Selection Committee
Public Safety (Civil Defense, Law
Enforcement &,Emergency Reserve)
Sister City Committee
California Contract Cities
L. A. County Library Board
L. A. Co. Sanitation District
League of California Cities
So. Calif. Rapid Transit Dist.
& RTD City Selection Committee
Upper SGV Water District
Mary Lou Swain
William I. Dennis
Jack R. Tyrell
William I. Dennis
Kenneth G. Gillanders
Mary Lou. Swain
Jack R. Tyrell
Kenneth G. Gillanders
Mary Lou Swain
Tom Atkins
William I. Dennis
Kenneth G. Gillanders
William I. Dennis
Mary Lou Swain
Tom Atkins
Council Minutes, April 17, 1984 - Page 3
Juvenile Diversion.
San Gabriel Valley
Association of Cities
JPIA Insurance Authority
San Gabriel Valley Animal
Control Authority
Councilman Atkins moved to adopt Resolution No. 84 -2255 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, APPOINT-
ING A MEMBER OF SAID COUNCIL OF SAID CITY TO THE RTD CITY SELECTION
COMMITTEE PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES
CODE, seconded by .Councilman Dennis, and unanimously carried.
Councilman Atkins moved to adopt Resolution No. 84 -2256 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING AN ALTERNATE
DIRECTOR OF COUNTY SANITATION DISTRICT 15, seconded by Councilman
Dennis and unanimously carried.
Jack R. Tyrell
William I. Dennis
Tom Atkins
Mary Lou Swain
Kenneth G. Gillanders
Jack R. Tyrell
William I. Dennis
PROCLAMATION - QUOTA CLUB OF TEMPLE CITY
Mayor Swain presented the Quota Club of Temple City with.. a Proclamation
formally proclaiming the Month of May as Shatter Silence Month. Quota
International is a nonprofit, service organization of executive business
and professional women who provide aid throughout the world to those with
hearing and speech handicaps.
6.. CONSENT CALENDAR:
Councilman Tyrell requested Item 6(I) be removed from the Consent
Calendar. On motion by Councilman Atkins and seconded by Councilman
Gillanders all other items on the Consent Calendar were approved as
recommended.
A. APPROVAL OF MINUTES - Regular Meeting of April 3, 1984.
Approved as written.
•
B. RECOMMENDATION FROM TRAFFIC COMMISSION - MEETING OF APRIL 4, 1984,
LA•ROSA DRIVE AT FRATUS DRIVE - Stop Sign Regulation
Approved placement of boulevard stop sign with stop and bar pave-
ment markings on La Rosa Drive at the east approach to Fratus Dr.
C. PLANNING COMMISSION ACTION.
Approved and filed memo from Planning Commission relating to
action taken at their regular meeting held April 10, 1984.
D. COMMUNITY DEVELOPMENT BLOCK GRANT JOBS BILL CURB AND,GUTTER
PROJECT — Approval of plans and specifications
Approved plans and specifications for CDBG -Jobs Bill Project
No. JB751; authorized advertising for and receiving,of bids;
approved calendar of events; and authorized the expenditure of
CDBG and Jobs Bill funds in accordance with CDBG regulations.
E. ACCEPTANCE OF WORK - STREET NAME SIGN INSTALLATIONS (Traffic
Operations, Inc.)
Accepted work performed by Traffic Operations, Inca for the
installation of street name signs; authorized City Clerk to file
Notice of Completion; and authorized final payment at the end of
the 35 -day lien period.
F. PROPERTY NUISANCE CASE NO. 84 -109: 10721 DANBURY
Authorized termination of public nuisance proceedings since
premises is in the process of being repainted.
Council Agenda, April 17, 1984 - Page 4
G. APPLICATION FOR FIREWORKS STANDS,- 1984
Approved 11 applications for fireworks stands by nonprofit
organizations.
H. ACCEPTANCE OF SANITARY SEWERS AND PARTIAL RELEASE OF THE CERTI-
FICATE OF DEPOSIT FOR PARCEL MAP NO. 15431 (8760 Burghardt Rd.)
Approved the work that has been completed; accepted sewers for
public use; released the $5,000 portion of the Certificate of
Deposit for faithful performance; and if no liens have been
filed after six months authorized the remaining $2,500 portion
of the Certificate of Deposit for Labor and Materials be released.
J. RESOLUTION NO. 84 -2257 EMPLOYMENT OF PERSONNEL
Adopted Resolution No. 84 -2257 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL.
K. RESOLUTION NO. 84 -2258 WARRANTS AND DEMANDS
Adopted Resolution No. 84 -2258 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE
SUM OF $266,365.78 DEMAND NOS. 7459 THRU 7617.
CONSENT CALENDAR ITEM (I) APPROVAL OF AGREEMENT - USE OF LIVE OAK
PARK AS EMERGENCY SHELTER AMERICAN RED CROSS
Councilman Tyrell's objection with the agreement was that it excluded
other agencies who also help in times of disaster.
Councilman Gillanders moved to approve the agreement authorizing
the American Red Cross non - exclusive use of Live Oak Park facilities
as a mass shelter for victims of natural disasters, seconded by
Councilman Tyrell and unanimously carried.
7. UNFINISHED BUSINESS:
A. PUBLIC HEARING 7:30 P.M. - APPEAL OF A DECISION BY THE PLANNING
COMMISSION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO
ALLOW A CHURCH IN AN R -3 ZONE - ASSEMBLY OF GOD CHURCH (5561
Sultana Avenue)
City Manager Koski presented background information stating on March
13, 1984, the Planning Commission approved a Conditional Use Permit
for the First Assembly of God Church to renovate and re -use an exist-
ing church facility in an R -3 Zone.. The Planning Commission found the
proposed use will not have an adverse effect upon the use, enjoyment
or valuation of adjacent property or upon public welfare since the
use will upgrade the property by providing maintenance. The appel -..
lants felt that a church is not an appropriate land use for R -3
zoned property and that the facilities on -site are inadequate.
Planning Director Shaw presented a videotape of the buildings and
grounds in their present condition.
Mayor Swain declared the public hearing open and invited anyone wish-
ing to speak to come forward.
Reverend Phillip Derry, Pastor of First Assembly of God Church, stated
they are presently using the Masonic Temple for their services; they
have a large number of church members who will donate their time in
upgrading the church; presently they have two buses transporting ap-
proximately 120 children and parents to the Sunday services and their
all day Sunday activities; there is a separate service geared for the
children and for adults; and other member churches have offered their
financial aid.
Linda Farr, 5758 Kauffman, stated Temple City has never had a First
Assembly of God Church and she was glad to have one now.
Council Minutes, Apirl 17, 1984 - Page 5
Kenneth Compton, 10684 Arrowood, stated he would like to see a church
of this denomination established in Temple City since there are a
number of families in the couuuunity of that faith.
Tom Breazeal, 9462 Daines, made the impartial comment that his wife
and mother -in -law were members of the church that previously occupied
this site and at lectures on Sunday afternoon they would have between
150 to 200 in attendance and never had an on -site parking problem.
Charles Rosencrans, 4905 Pioneer Boulevard, Whittier, Assistant
Pastor, stated in addition to the Sunday service, they have children
that go to the Convalescent Homes and wheel patients to a church
service and they were getting the children off the street.
Earl Hallinan, 5552 Sultana, stated he was not opposed to churches
but feels Sultana is already used as a thoroughfare and the excess
traffic and all day church services were disturbing and additionally
the streets were not made to tolerate the weight of the heavy buses.
Frank Schumann, 5611 -A Sultana, stated when the site was occupied
by the Christian Science Church, the grounds were beautifully main-
tained and since no one has been there, it has become an overgrown
fire hazard.
Hal Kleeworth, 5617 -B Sultana, stated that Sultana, which is approxi-
mately 90% apartment houses and condos, is a long street with no stops
and therefore heavily traveled and the addition of another 100 people
on Sunday would be unreasonable.
Kenny McCullar, 1628 Huntington Drive, South Pasadena, purchased
property on Sultana as an investment; disagreed with the Planning
Commission in that it would not have an adverse effect on the value
of surrounding properties; the condition of the property is a public
nuisance; and felt that granting a conditional use permit is not the
way to solve the problem.
Peter Rorbel, 5549 Sultana, echoed the objections of his neighbors
regarding the noise and heavy traffic and felt there would be no
playground area for the children.
Sharon Peak, 5564 Sultana., stated fire destroyed her home a year ago
and was greatly concerned that the overgrowth of weeds and grass was
a fire hazard.
Hugh Smith, representing the Foothill Apartment Association, was con-
cerned about the growing shortage of multiple family land in the San
Gabriel'Valley and their association has a commitment to provide
reasonable shelter housing at rates people can afford.
Steven Bracci, 5611 Sultana, did not feel the other churches in the
community were in such close proximity to neighboring residences.
There being no one else that came forward to speak, Councilman
Gillanders moved to close public hearing, seconded by Councilman
Atkins, and unanimously carried.
Councilman Tyrell had no argument with the religious concept, but
felt the church was trying to make the improvements on a limited
budget and felt he would like a better cost assessment of what was
involved in the rehabilitation of the building. He felt a contin-
uance would be in order to determine what the financial requirements
are going to be and also to give the church an opportunity to take
stock of their resources before granting the permit.
Councilman Gillanders stated most churches in Temple City are sur-
rounded by residences and even churches that are larger such as St.
Lykes have a larger number of children in and around school property
five days a week in addition to Sundays; that a church was there
when a number of people moved in and they moved in anyway; but would
be in favor of a continuance to determine the true conditions of the
buildings, their safety, and an approximate cost analysis.
Council Minutes, April 17, 1984 - "Page 6
!.
Councilman Dennis felt that since the Planning Commission approved
the specific requirements that would be needed to bring the property
up to building code, it is not up to the Council to determine whether
the church can meet these requirements, but added that he would like
some limitation as far as the number of occupants in the church at
one time.
Councilman Atkins agreed that the conditions were spelled out in the
CUP rather completely although we may want to modify one or two;
felt the church could co -exist in a residential neighborhood as do
many others that are larger and open seven days a week; and would
be in favor of the CUP.
Mayor Swain also felt the conditions as set forth by the Planning Com-
mission are explicit but would ask that time limits be established
for upgrading of the property concerning the aesthics of the neighbor-
hood. Churches do take time to grow and did not think Council should
deny them the opportunity to start because they may not have adequate
funds.
All the Councilmembers concurred that the overgrowth should be delt
with in a timely manner; instructed staff to implement the necessary
steps for a possible property nuisance; and felt a condition should
be added tothe CUP concerning proper maintenance.
Councilman Dennis movedrto approve .the,a:Conditional Use Permit and
in addition to the requirements outlined by the Planning Commission
added Condition 14 that the occupancy load shall not exceed 200
persons; and Condition 15 that the vacant areas be landscaped with
grass including an automatically timed irrigation system, seconded
by Councilman Atkins and carried on a roll call vote:
ROLL CALL:
AYES: Councilmen - Atkins, Dennis, Gillanders, Swain
NOES: Councilmen - Tyrell
B. PUBLIC HEARING 7:30 P. M. - (2nd reading) PROPOSED. AMENDMENT TO
SECTION 82 -3 OF THE ELECTRICAL CODE RE: RADIO CONTROLLED RELAYS
ON PRIVATELY OWNED AIR CONDITIONING EQUIPMENT
City Manager Koski presented background information stating at their
last meeting, Council set public hearing on the ordinance amending
Section 82 -3 of the Electrical Code which allows radio controlled
relay equipment to be installed on a voluntary basis by Southern
California Edison. Company without a permit. It would allow the
utility company to disconnect appliances as necessary during peak
periods of electrical demand. At the request of Council, Edison
has provided additional information relative to the responsibility
of liability of the program and its maintenance.
Eileen McClure, representative of Southern California Edison, re-
sponding to Council inquiries, stated SCE would assume liability
for the relays as the responsibility would be between the property
owner and SCE; Electrical Systems Testing was selected as the
licensed contractor after a thorough screen process; the relays
would be used primarily on commercial buildings; the customer could
have the device removed at approximately $30 charge along with losing
their discount; and in the initial interview with the customer they
would be informed of all facets of the program including discount
and cost removal.
Mayor Swain declared the public hearing open and invited anyone wish-
ing to speak to come forward. There being no one to come forward,
Councilman Gillanders moved to close public hearing, seconded by
Councilman Atkins and unanimously carried.
Councilman Atkins moved to certify the Negative Declaration of En-
vironmental Impact, waive further reading and adopt Ordinance No. 84-
547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMEND-
ING SECTION 82 -3 OF THE ELECTRICAL CODE RELATING_TO RADIO CONTROLLED
RELAYS ON PRIVATELY OWNED AIR CONDITIONING EQUIPMENT INSTALLED BY
SOUTHERN CALIFORNIA EDISON COMPANY, seconded by Councilman Gillanders
and unanimously carried.
Council Minutes, April 17, 1984 - Page 7
8. NEW BUSINESS:
A. APPEAL OF TRAFFIC COMMISSION DENIAL OF OVERNIGHT PARKING PERMIT
PAUL R. PINSAK, 9509 FLAHERTY STREET
City Manager Koski presented background information stating the
Traffic Commission denied applicant an overnight parking permit on
the basis that the number of vehicles owned by members of the house-
hold did not exceed the number of available parking spaces. The
applicant contends that two cars parked in.the garage, side by side,
would preclude the occupant from getting out of the vehicle.
Paul R. Pinsak, 9509 Flaherty Street, stated his garage width is only
16'11" which does not allow sufficient space to park two cars and
still allow the driver to properly exit the vehicle and if parked
in the driveway, the car would hang in the street.
Councilman Atkins moved to grant applicant an overnight parking per-
mit for the pickup truck, seconded by Councilman Dennis and unani-
mously carried.
B. RECOMMENDATION FROM TRAFFIC COMMISSION - MEETING OF APRIL 4, 1984
REQUEST FROM TEMPLE CITY UNIFIED SCHOOL DISTRICT MARCHING BAND
PRACTICE ON TRELAWNEY AVENUE
City Manager Koski stated that Temple City High School has again re-
quested a permit to allow the high school marching band to practice
from 8:0011.M. to 9:00 A.M. Mondays through Fridays from September
to Christmas vacation in December and during the same hour prior to
the Camellia parade in February on Trelawney Avenue. The Traffic
Commission recommended granting the permit subject to the required
Certificate of Insurance and proper barricading by a 2 to 1 vote.
The one dissenting Commission vote was on the basis that differences
should be resolved by the School withthe residents before the permit
is granted.
Pursuant t� discussion Councilman Tyrell had with school officials,
the school district changed their request from Trelawney Avenue to
Camino Real. .
Councilman Tyrell moved to approve the request for a permit for the
Temple City High School Marching Band to conduct their practice on
Camino Real subject to the required certificate of insurance and the
proper barricading, seconded by Councilman Atkins, and unanimously
carried.
9. COMMUNICATIONS:
None.
10. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
No one came forward to speak.
RECESS TO CRA:
At this time, Council recessed to meet as the Community Redevelopment
Agency, approved the minutes of the regular meeting of April 3, 1984;
approved rental payment on behalf of the City for the parking lot lease
agreement; and adopted resolution approving warrants and demands. The
minutes are set forth in full in the records of the Agency.
RECONVENE AS CITY COUNCIL
11. ACTION ON REQUEST BY CRA:
There was no action to be taken.
12. MATTERS FROM CITY OFFICIALS:
A. REQUEST TO USE CITY HALL AS CHECK -IN CENTER - JUNE 5 PRIMARY
4,,ari
Council Minutes, April 17, 1984 - Page 8
Councilman Gillanders moved to approve the request from Registrar -
Recorder's office to use the City Hall facilities as a check -in
center for the Primary Election on June 5 subject to an appropriate
wage rate, seconded by Councilman Atkins and unanimously carried.
B. CALIFORNIA CONTRACT CITIES SEMINAR - PALM SPRINGS, MAY 17 -20,
Councilman Tyrell moved to authorize registration and conference
expenses for City Officials attending the 25th Annual Municipal
Seminar, seconded by Councilman Atkins and unanimously carried.
C. LIVE OAK PARK IMPROVEMENTS PROPOSED DESIGN CHANGE
City Manager Koski stated once the project was under way, it was
apparent that the prior gate was inadequate for proper access into
the patio. The new design includes crash bars and provides the
opportunity to swing back both gates to allow for a full 8' opening
which is needed for special community and department activities.
Councilman Atkins moved to authorize the design changes for the
Northeast patio entry as outlined in staff memo of April 17, 1984,
and amend the adopted budget in the amount of $4,356.50 to accom-
plish the work, seconded by Councilman Tyrell and unanimously
carried.
D. ILLUMINATED STREET NAME SIGNS SANTA ANITA AVENUE AT FREER STREET
City Manager Koski stated the County is proposing installation of
illuminated street name signs on Santa Anita Avenue at Freer Street
at no expense to the City. While the work is in process, they need
jurisdiction of the street.
Councilman Atkins moved to adopt Resolution No. 84 -2260 A.RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA,•CONSENT-
ING TO ESTABLISHMENT OF THE PORTION OF THE INTERSECTION OF SANTA
ANITA AVENUE AT FREER STREET WITHIN SAID CITY AS A PART OF THE SYSTEM
OF HIGHWAYS OF THE COUNTY OF LOS ANGELES, seconded by Councilman
Gillanders and unanimously carried.
E. CERTIFICATE OF RECOGNITION
Councilman Dennis requested Council concurrence for a Certificate
of Recognition to John Price, District Superintendent, El Monte
School District, who is retiring after 35 years with the School
District. Council concurred.
F. POLITICAL SIGNS
Councilman Dennis requested Council take a stand regarding political
signs in future elections. Either the placing of signs on the utility
poles violates a law and any person violating the law should be pros-
ecuted, or it is made fair so that everyone has the same opportunity
to display the signs.
Councilman Gillanders stated if Council chooses to prosecute then
all violators should be included, including the two from El Monte
who posted signs in Temple City.
Responding to Council inquiry City Attorney Martin stated we are
dealing with three difference Code Sections: 1) the PUC regulation
which Edison has the authority to enforce if they wish, since it is
private. property; 2) the Penal Code Section which is rather doubtful
because it relates to commercial rather than first amendment signs,
and; 3) the City's own regulations which does not address the ques-
tion. If the Ordinance was amended to control this at the present
time, there is no guarantee that the City's own local regulation
would ultimately be declared valid since a Supreme Court decision
is pending. Therefore, at the present time, the only valid regula-
tion is from the PUC and that would be up to Edison to enforce.
Council Minutes, April 17, 1984 - Page 9
Robert Pitts stated it was his understanding that no FPPC complaint
had been filed; that when notification was given to him by Edison,
he personally took the signs off within two days. He stated further
he had no request from the City asking removal of the signs.
Councilman Tyrell referred to staff memo wherein it was noted that
the City Clerk's office notified Robert Pitts and Dixie Mc Intee
that the posting of signs on utility poles was in violation of the
PUC general rule.
Staff was instructed to forward the documentation of all known
violators to Southern California Edison for their information and
disposition.
13 ADJOURNMENT:
On motion by Councilman Atkins, seconded by Councilman Gillanders,
meeting adjourned at 10:10 p.m. Next regular meeting of the City
Council will be held Tuesday, May 1, 1984, 7:30 p.m. in the Council
Chamber of the City Hall.
ATTEST: