HomeMy WebLinkAboutRPT 5 BILLBOARDS 12-01-80DATE:
TO:
FROM:
SUBJECT:
November 24, 1980
THE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
BILLBOARDS, REMOVAL OF
REPORTS
No. 5
1271,-80
We have previously advised you that the favorable decision
of the California courts in the case of Metromedia v. San Diego has
been appealed by Metromedia to the U.S. Supreme Court. The fact
that the U.S. Supreme Court has granted a hearing in this case
raises the possibility that a majority of the Supreme Court Justices
may doubt the correctness of the decisions of the California courts.
The City of San Diego has requested the filing of individual
amicus curiae briefs with the Supreme Court in this matter. The
League of California Cities Legal Advocacy Committee has approved
the filing of such briefs. A copy of that.Committee's report is
attached.
We don't know that it is warranted for the City to spend
the money necessary for attorneys' fees and printing costs to file
such a brief, considering that there are many other cities in
California and the nation with much greater resources; however,
because of the concern and interest the Council has had in the
removal of billboards, we felt it appropriate to bring the matter
to your attention.
cc: Dan Blankenship
Enclosure
JGR:lw:D:11/14/80
LCP, the holding of a total of 14 public hearings respecting it, and approval of the
LCP by the Regional Commission, following staff recommendations the State Commission
certified the City's LCP with conditions which substantially change the plan. While
• "y other contentions are made, the thrust of the City's action is that the certifi-
__. L_,:ion of a local coastal program by the Commission with conditions is contrary to the
certification procedure required by Public Resources Code §30512 which states in part
that the Commission "shall . . . either refuse certification or certify in whole or in
part, the land use plan." While the State Commission's resolution of certification
_ pursuant to §30512 "certifies the total local coastal program for the City of Chula
Vista" it proceeds to qualify the certification by indicating that it is subject to
conditions. It is therefore argued that since §30512 (c) does not provide for adding
conditions to the certification of an LCP, the Commission's action with regard to the
Chula Vista pian is in violation of clear statutory requirements. Some cities have
already either filed amicus curiae briefs in the case or have indicated support for the
Chula Vista position. The City Attorney of Santa Barbara is presently preparing an
amicus curiae brief in which other interested cities are invited to join. In accordance
with the recommendations of the Committee and League Board of Directors those wishing
to join as amici in the Santa Barbara brief should so indicate no later than December.l
to:
Fred Clough
City Attorney
City Hall - P.O. Drawer P -P
Santa Barbara, CA 93102
(805) 963-0611
FILING OF INDIVIDUAL AMICUS BRIEFS INVITED
T- light of the U.S. Supreme Court action noting probable jurisdiction in Metromedia Inc.
_ City of San Diego, the Committee took action inviting the filing of individual amicus
curiae briefs in support of the City before that court. The issues are basically those
which were decided favorably by the State Supreme Court in its opinion on rehearing
(26 Cal. 3d 848). Therein the city ordinance banning all off-site advertising billboards
and requiring the removal of existing billboards following expiration of an amortization
period was upheld on grounds that its recited purposes of eliminating traffic hazards and
-" improving the appearance of the city were proper police power objectives. The state
court further held that the ordinance ban on commercial off-site billboards did not
abridge freedom of speech or press since it did not seek to suppress the content of the
advertiser's message, served significant governmental interests and left open adequate
alternative means of communication. The state court did, however, hold that the
ordinance was partially preempted by the State Outdoor Advertising Act to the extent that
the ordinance required removal without compensation of billboards within 660 feet of
federal interstate, and primary highways for which compensation is required and to that
extent the ordinance was invalid. Any City Attorney interested in filing an amicus brief
in support of San Diego before the U.S. Supreme Court is urged to notifiy:
John W. Witt
City Attorney
City Administration Building
202 C Street
San Diego, CA 92101
(714) 236-6220
INFORMATION ONLY .
,...e Committee took action simply directing the dissemination of information with respect
to the following cases:
-2-
DATE: November 25, 1980
Inter -Coin
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES G. ROURKE, CITY ATTORNEY
DANIEL K. SPRADLIN, DEPUTY CITY ATTORNEY
SUBJECT:
REGULATION OF OUTDOOR ADVERTISING STRUCTURES AND REMOVAL
THEREOF - SUPPLEMENTAL MEMORANDUM NO. 6
We have been advised by Mobile Oil Corporation that pursuant
to our directive, they have required Foster & Kleiser to remove
the billboard located at 171 East First Street on the northwest
corner.
In addition, we have now received from Mr. Howard P. Shelton
his appraisal of the billboards within the City of Tustin. The
total value he places on the signs is $124,985.00. This reflects
the appraised value of the signs as of November 17, 1980. Since
the date of Mr. Shelton's appraisal, however, the sign located
at 171 East First Street has been removed, and its appraised
value of $8,320.00 must be subtracted from the total value set
by Mr. Shelton. A copy of Mr. Shelton's appraisal report is
attached hereto for reference.
DKS:wm:D:11/24/80
Attachment
cc: DAN BLANKENSHIP, CITY ADMINISTRATOR
COMMUNITY DEVELOPMENT DEPARTMENT
1 00 ••
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1
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HOWARD P. SHELTON. INC.
MACHINERY 6 EOUIRMENT APPRAISALS
TECHNICAL VALUATIONS - COST SURVEYS
HOWARD P. SHELTON, A.S.A.
JOHN MARTIN -HARVEY, RH.O.
_Daniel K. Spradlin, Esq.
Deputy City Attorney
City of Tustin
1055 N. Main Street, #1020
Santa Ana, California 92701
Dear Mr. Spradlin:
63/80
November 20, 1980
Re: Acquisition Appraisal
Miscellaneous Billboards
and Signs in Tustin
In compliance with your instructions dated November 4, submitted
herewith is an appraisement of miscellaneous billboards and signs
inspected at ten locations in Tustin shown on the map attached.
Estimates of present value for each billboard and sign is set
forth in this report together with a physical description.
The purpose of this appraisal is to provide estimates of value of
these items to present owners or to an informed buyer, who is
cognizant of all advantages of these assets. The items described
in the report which follows are appraised as of November 17, 1980.
PRESENT VALUE $ 124,985
Present value is defined as the worth of an asset to a known user,
when it provides usefulness and service to a going concern or busi-
ness. Sometimes this present value is known as Fair Market Value.
Value estimates are subject to the contingent and limiting conditions
appended hereto.
We have no past, present or contemplated interest in the appraised
property. Retained in our files are copies of these reports together
with field notes from which they were prepared.
Thank you for this opportunity to provide appraisal services.
' HPS:kh
' Enclosures
Yours truly,
Howard P. Shelton, A fiA.l I` q
Machinery & Equipm t.
17291 IRVINE BOULEVARD • SUITE 314 • TUSTIN. CALIFORNIA 92680 • (7141 838-9427
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SIGNS-
TUSTIN, CA
PRESENT VALUE
171 E. FIRST STREET (MOBIL STATION)
'
1 Straight double poster panel metal
structure, illuminated 300 sq. ft.
each panel. Foster & Kleiser
8,320
'
NW CORNER NEWPORT & IRVINE BLVDS.
1 Straight double poster panel, as
'
above, Foster& Kleiser
8,320
NEC COSTA MESA FREEWAY & EDINGER AVE.
1 Double face urban rotate bulletin
freeway sign, estimated 90 ft. high
'
600± sq. ft., Pacific Outdoor
38,140
1782 NISSON RD. (TRAIL -A -WAY PARK)
'
EAST OF REDHILL AVE. SOUTH ON NISSON
1 Double faced urban rotate type sign,
'
500± sq. ft. illuminated metal
construction National "BEST WESTERN
& MISSION VIEJO"
14,775
'
1 Single faced urban rotate type sign
as above,"NATIONAL" vacant at time
of inspection
9,850
13891 REDHILL, SOUTHEAST OF SHELL SERVICE
STATION
1 Single faced urban rotate type sign
500± sq. ft. illuminated metal con-
struction, Pacific Display
.
'
"HYATT LODGE-LAGUNA HILLS"
12,675
1631 LAGUNA ROAD (SIXPENSE LODGE)
'
EAST OF REDHILL, NORTH ON LAGUNA ROAD
1 Single faced urban rotate type sign,
500± sq. ft., illuminated wood con-
'
struction, Pacific Display "CASA
LOMA - YOUR OWN HOME IN MISSION VIEJO"
8,750
SIGNS
TUSTIN, CA
1505 NISSON RD. (DISCOUNT NURSERY)
EAST OF REDHILL AVE. NORTH ON NISSON
1 Single faced urban rotate type sign,
500± sq. ft. illuminated metal con-
struction, Pacific Display
vacant at time of inspection
1 Single faced urban rotate type sign;
500± sq. ft., illuminated metal con-
struction, Pacific Display "CLASS
SEA-LAGUNA NIGUEL"
14108 REDHILL AVENUE
1 Double faced wood sign, 100± sq. ft.
2 wood posts Pacific Display,
board was blank at time of inspection
TOTAL
0
PRESENT VALUE
$
9,850
12,675
1,630
$ 124,985
1 00 00
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CONTINGENT AND LIMITING CONDITIONS
UPON WHICH EQUIPMENT APPRAISAL IS MADE
This report is made expressly subject to the contingent and
limiting conditions, factors and assumptions herewith:
1. That no consideration is given to ownership of the items
appraised.
2. That the items are appraised as if free and clear of liens
and that the title is good and merchantable.
3. That no guarantee is made as to the correctness of costs
reported or opinions furnished by others which have been
used in compiling this appraisal.
4. That no liabilities are assumed on account of inaccuracies
in such estimates or opinions.
5. That this appraisal is made for the express purpose of
estimating tangible, physical value. No consideration
is given the value of trademarks, patents, goodwill, or
other intangibles, even though such might now have or sub-
sequently attain marketable value.
6. That the Replacement Cost New of listed items is reported
on the basis of local replacement cost. Cost for standard
manufactured items includes F.O.B. price, freight, and in-
stallation. Cost for custom manufactured items includes
engineering, materials, labor, and installation. Sales tax
is included where applicable at the current rate.
7. That the appraiser makes no legal determination of the
property status of any specific item.
8. That this appraisal is subject to review upon presentation
of data which might be later made available, undisclosed,
or not available at this writing.
9. That the appraiser herein, by reason of this appraisal, is
not required to give testimony or attendance in court or
any governmental hearing with reference to the property in
question, unless arrangements have previously been made
accordingly.
10. That all value estimates have been rounded to the nearest
$5.00.
1
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' EDUCATION:
1
EXPERIENCE:
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AFFILIATIONS:
QUALIFICATIONS:
00
HOWARD P. SHELTON
is
Tower House College, Slough Bucks, England
Bradford Technical College, Yorkshire, England
Special courses in engineering and textiles -
Degree, equivalent of U.S. Business Administration
Independent Fee Appraiser - 1970 to Present
Appraising machinery and equipment, furniture and
fixtures, industrial plants - including machine shops
of varying sizes, newspaper hot metal plants, printing
establishments, plastic plant, restaurants, shopping
centers, hospitals, medical and dental offices, and
assorted industrial and commercial properties for
various citites and their redevelopment agencies.
Mr. Shelton headed the Equipment Appraisal Company,
a division of Donahue & Co., Tustin, California, from
1972 - 1974. Mr. Shelton appraises for institutions
and lending agencies, public agencies, for estate and
insurance purposes, mergers, sales and acquisitions.
Tait Appraisal Company - 1966 to 1970
Employed as staff appraiser, involved in appraisal
assignments of virtually every type of machinery and
equipment found in institutions and industry.
Concertone Corporation - 1964 to 1966
Export Manager in charge of all phases connected with
promotion, sales and engineering in foreign countries.
The Deutch Company - 1960 to 1964
Export Manager in charge of export sales. Developed
a foreign sales program, coordinated overseas require-
ments with existing domestic manufacturing program.
Arranged training visits for overseas representatives
and engineers from foreign subsidiaries.
Optorg Company (Malaya) Ltd. - 1952 to 1960
International Trading Company (importers and exporters).
Manager of offices in Southeast Asian countries (Malaya
and Thailand). General import and exports, procurement,
sales, finance warehousing and traffic.
Senior Member - The American Society of Appraisers,
Discipline Machinery & Equipment
Senior Member - National Association of Review Appraisers
Qualified before Orange and Los Angeles County Superior
Court as an expert witness.
' APPRAISAL CLIENTS: Partial Listing Attached.
00
CLIENTELE LIST
HOWARD P. SHELTON, A.S.A
100
PROFESSIONAL
Attonneyb and Accountants
Atherton & Prevett
Knobbe, Martens, Olson
M. Neal Singer
Barker, Lebell & McNair
Hubbard and Bear
Robert F. Waldron
Melvin Belli
Gordon H. Olson
Louis A. Weisenberg
'
Cooksey, Coleman & Howard
Oliver, Stoever & Laskin
Wenke, Taylor, Schumacher
Trudy I. Detrick
Wilbur P. Layman
& Evans
Ellsworth H. DeWeese
Lemkin, Schilling & Lemkin
Harry A. Westover
R. J. Henderson
O'Melveny & Myers
'
Douglas S. Honig
Thomas E. Parrington
Charles Cringle, C.P.A.
Hunt, Liljestrom &
Richard J. Politiski
John B. Jones, C.P.A.
Wentworth
Richard L. Riemer
John Patrick McLin, C.P.A.
Richard L. Huxtable
H. Raymond Savoian
William L. Mills, C.P.A.
'
Eugene B. Jacobs
Frederico Sayre
Wagenseller & Durst
'
Appnatserts
Robert W. Beeney, F.R.I.C.S.
William F. Jacobs, A.S.A.
Mark W. Linnes, M.A.I.
S.J. Difillipo, A.S.A.
Robert M. Lea, M.A.I.
John R. Mawhinney
John C. Donahue, M.A.I.
James R. Leonard, A.S.A.
Earle R. Metcalfe
Larry Grant, A.S.A.
Cedric A. White, Jr., M.A.I.
Doctons, Physicians and Hospitatz
'
Dr. Brinkley
Dr. Nowak
Hawthorne Community Hospital
Dr. Christiansen
Dr. Potkins
Hoag Hospital
Dr. Huntley
Dr. Udall
Parkview Convalescent
'
Dr. Kirkham
Hospital
Dr. Kenneally
Cancer Detection Clinic
Rees-Stealy Clinics
Dr. Lieberman
St. Francis Hospital
1
CITIES AND THEIR RESPECTIVE
REDEVELOPMENT AGENCIES
'
Alhambra
Fullerton
National City
Anaheim
Garden Grove
Pasadena
Azusa
Glendale
Placentia
Baldwin Park
Glendora
Pomona
Barstow
Hermosa Beach
Redondo Beach
'
Bellflower
Inglewood
Riverside
Burbank
La Habra
San Diego
Carson
Long Beach
Santa Ana
Compton
Los Angeles
Seal Beach
t
Costa Mesa
Lynwood
Southgate
Covina
Manhattan Beach
Temple City
Culver City
Monrovia
Torrance
E1 Monte
Montebello
West Covina
E1 Segundo
Whittier
'
SCHOOLS AND SCHOOL DISTRICTS
A.B.C. School District
College of the Sequoias
Riverside School District
Alverno Heights Academy
Crespi Carmelite High School
Rowland Heights School Dist.
Beverly Hills School Dist.
Fullerton Elementary School
Seaside Schools -Oregon
'
Coalinga Junior College
Fort Morgan Schools -Colorado
Tigard Schools -Oregon
Hood River Schools -Oregon
*0
MANUFACTURING AND INDUSTRIAL
ADCO, Inc.
(Pennysaver)
Align-O-Tron
All Metals Processing
Any Autowreckers
' Babcock Electro -Mechanical
C & C Deburring
Central Industrial
Engineering
t Cooney's Pipe & Copper
C.T. & F. Electrical
Data Tech
Dixon Hard Chrome
' a, Inc.
Garrison Hydraulics
General Wood Corporation
Goglanian Bakeries
Hughes Aircraft Company
' Hunter Tool & Die
Ideal Heating & Air Cond.
CLIENTELE LIST
HOWARD P. SHELTON. A.S.A.
Inda Corporation
Kool Metal Awning
Laminating Company of
America
Magna Corporation
Mellco Wire Products
Mercury Tube Industries
National Starch
& Chemical
National Tube Fab
& Engineering
Newport Hydraulics
Newport Laboratories
Northridge Laboratories
Orange County Lumber
Orange County Machine
Pomona Motor Works
Precision Optical
Prendell Ranch
AUTOMOBILE DEALERSHIPS AND OIL COMPANT
Allred V.W.
Lee Carpenter V.W.
Cummins Buick
Earle Ike Dodge
Friendly Chevrolet
Garner Ford
Gaudin Ford
Holmes Tuttle Enterprises
FINANCIAL INSTITUTIONS
American State Bank
California Canadian Bank
Joe Lazar Cadillac
Long Beach Harley Davidson
McCarthy Lincoln Mercury
McCoy Ford
Ostrom Chevrolet
Ralph Williams Ford
Sparling Buick
Van Wyck Cadillac
Century Federal Savings
Eldorado Bank
' CLUBS, CHURCHES AND SERVICE ORGANIZATIONS
First Presbyterian Church Scotts Methodist Church
' Latter Day Saints Trinity Methodist Church
St. Albans Episcopal Church
CATERING, MARKETS AND RETAIL ESTABLISHMENTS
Al's Ranch Market
Barclay Hotel
Baskin-Robbins Ice Cream
MISCELLANEOUS
' Cook & Barletta Contractors
Grossman/Griffith Movie
Theatres
Chino Farms Market
Dutchess Restaurants
Huntington Beach Credit
Union
L.A. Addressing & Mailing
Lou Lesser Enterprises
Southern California
Conditioned Air
•,
Pressell Welding Company
R.A.C. Tank Company
Southern California
Davis Pleating
Shield Furniture
Smith International
Spectra -Strip Corporation
Standard Pressed Steel
(Hallowell Western Div.
Structure Lite Systems
Synergistic Products
Towne Advertisers Mailing
Service
U.S. Industrial Foam
(Wonderpak)
Vard-Newport
Vohann of California
West Coast Platen
Westsail International
Wickman Pharmaceuticals
Warren Anderson Ford
Woolverton V.W.
ARCO
Humble Oil & Refining
Shell Oil Company
Standard Oil Company
Union Oil Company
Lloyds Bank of California
Santiago Bank
Borrego Springs Fire Dept.
Boy's Club of the Harbor Area
Santa Ana YMCA
Grant Boys
Great American Beef Co.
Sizzler Steak Houses
Rx Drycleaners
VTN Engineers Architects
Planners
DATE:
TO:
FROM:
SUBJECT
0
OCTOBER 29, 1980
Inter -Com
THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
DANIEL K. SPRADLIN, DEPUTY CITY ATTORNEY
REGULATION OF OUTDOOR ADVERTISING STRUCTURES AND
THE REMOVAL THEREOF - SUPPLEMENTAL MEMORANDUM (NO. 5)
This office has been advised by Mr. Howard Shelton that the costs of
completing an appraisal on all billboards within the City of Tustin
excepting that belonging to the Tustin War Memorial would not exceed
the sum of Five Hundred Dollars ($500).
Mr. Shelton's appraisal would include the eight billboards within 660
feet of a federal interstate highway and the three remaining billboards
which are not within 660 feet of a federal interstate highway.
With respect to the sign owned by the Tustin War Memorial, we have
been informed by the Community Development Department that the
owner has agreed to voluntarily remove the sign with the help of the
City staff.
Mr. Shelton believes that he can complete appraisal work on all
billboards within one week.
DKS:cs:D:10/24/80
cc: DB