CCMIN102098 - Laserfiche WebLink

Mayor Tarver said the City was happy to partner on the event. Mayor Tarver then presented plaques to the commissioners who were leaving office. Marty Wadekamper expressed her appreciation for the opportunity to participate on the Affordable Housing Commission. Deborah Kleffman, 3027 Briggs Court, wanted to alert the Council about a conflict between the CC&R's for Laguna Oaks and protected first amendment speech rights. She said Section 5.4 of the CC&R's state no sign, advertisement, poster, bill or notice of any kind (including, without limitation, political and commercial signs) shall be displayed to the public view on or from any Lot or the Common Area without the prior consent of the Board, subject to the following exceptions, etc. She had posted a sign supporting Sharrell Michelotti and Becky Dennis in the upcoming election and was told by the Homeowners Association to move the signs where they would not be visible. She confirmed through the City Attorney's office that the signs fall under the protected speech rights and that she was allowed to post the signs. She asked if the City could send a letter to the Homeowner Associations stating that the signs fall under protected speech and that no one has to go through the Board for clearance. She asked if this information could be posted in the newsletters from the Homeowners Association. Mr. Roush stated that his understanding of the law, based upon Supreme Court decisions, is that the posting of political signs in one's front yard is permitted and that CC&R's cannot preempt the activity. Mayor Tarver requested staff to send a letter to the Homeowners Associations in the community. Mr. Roush said the Homeowners Associations could discuss this with their legal counsel to make sure there is no conflict. Ms. Kleffman asked if she could be notified when the notices are sent out. Ms. Dennis asked if staff could check future CC&R's to ensure there is nothing unconstitutional included. Robert Cordtz, 262 W. Angela, had a concern with the railroad overpass on Bernal between Pleasanton Avenue and Case Avenue. He said there are four signs by the overpass that say "No stopping at any time". He indicated that he traveled that way early one morning and traffic was stopped past the Fairgrounds. He asked who was supposed to be enforcing these regulations? He asked Council to direct the traffic committee to investigate the situation because it has become a serious problem. If the signs don't mean anything, they should come down. Pleasanton City Council 5 10/20/98 Minutes