HomeMy WebLinkAboutNB 5 OUTDOOR ADVER 10-06-80NEW BUSINESS
No. 5
10-6-80
The Community Development Department has provided this office with a
list of all off -premise signs within the City of Tustin. Five of
these signs are not located within 660 feet of an interstate highway.
Eight signs are located within 660 feet of an interstate highway. A
complete description is attached.
With respect to the five signs not located within 660 feet of an
interstate highway, letters have been directed by this office to both
the owners of the underlying property on which the signs are located
and the lessees and owners of the signs, requiring the removal of such
signs no later than November 11, 1980 and a commitment in writing to
remove such signs to be provided to the City Attorney no later than
October 2, 1980. In the event such a commitment is not received by
October 2. or .in the event the sign is not thereafter removed by
November 11, 1980, this office will file a lawsuit on behalf of the
City to require the removal of such signs without payment of compen-
sation.
With regard to the eight signs which are located within 660 feet of an
interstate highway, these signs cannot be removed without the payment
of compensation, as required under federal law. As of the present
date, no notices have been directed to any person requiring the removal
of these signs. Mr. Howard Shelton, an expert appraiser of off -premise
signs, has been contacted by this office regarding the amount of
compensation which might be paid as a prerequisite to the removal of
these signs. Although Mr. Shelton has not completed a survey of such
signs, in his opinion the City might be required to pay from $4,000
to $40,000 for each sign. This office would recommend that the services
of Mr. Shelton be retained to conduct a survey of such signs to
determine definite appraised values prior to initiating any legal action
in reference to the interstate highway signs. Thereafter the City
Council can review the probable costs of removing each such sign, -
allocate funds to pay for the same, and/or make other decisions
regarding these signs.
Finally, the two billboards formerly located on the southwest corner of
the intersection of Newport Avenue and Main Street have been voluntarily
removed from the premises.
cc: DB
Attachment
DKS:cs:D:09/12/80
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Inter -- Coni
DATE:
.,..
September
12, 1980�0
r`
s .-
T0:
HONORABLE
MAYOR AND MEMBERS OF THE
CITY COUNCIL
G.
ROURKE, CITY ATTORNEY
FROM:
DANIEL
DANIEL K.
SPRADLIN, DEPUTY CITY ATTORNEY
SUBJECT:
REGULATION
OF OUTDOOR ADVERTISING
STRUCTURES AND THE REMOVAL
THEREOF -
SUPPLEMENTAL MEMORANDUM
(NUMBER 2)
The Community Development Department has provided this office with a
list of all off -premise signs within the City of Tustin. Five of
these signs are not located within 660 feet of an interstate highway.
Eight signs are located within 660 feet of an interstate highway. A
complete description is attached.
With respect to the five signs not located within 660 feet of an
interstate highway, letters have been directed by this office to both
the owners of the underlying property on which the signs are located
and the lessees and owners of the signs, requiring the removal of such
signs no later than November 11, 1980 and a commitment in writing to
remove such signs to be provided to the City Attorney no later than
October 2, 1980. In the event such a commitment is not received by
October 2. or .in the event the sign is not thereafter removed by
November 11, 1980, this office will file a lawsuit on behalf of the
City to require the removal of such signs without payment of compen-
sation.
With regard to the eight signs which are located within 660 feet of an
interstate highway, these signs cannot be removed without the payment
of compensation, as required under federal law. As of the present
date, no notices have been directed to any person requiring the removal
of these signs. Mr. Howard Shelton, an expert appraiser of off -premise
signs, has been contacted by this office regarding the amount of
compensation which might be paid as a prerequisite to the removal of
these signs. Although Mr. Shelton has not completed a survey of such
signs, in his opinion the City might be required to pay from $4,000
to $40,000 for each sign. This office would recommend that the services
of Mr. Shelton be retained to conduct a survey of such signs to
determine definite appraised values prior to initiating any legal action
in reference to the interstate highway signs. Thereafter the City
Council can review the probable costs of removing each such sign, -
allocate funds to pay for the same, and/or make other decisions
regarding these signs.
Finally, the two billboards formerly located on the southwest corner of
the intersection of Newport Avenue and Main Street have been voluntarily
removed from the premises.
cc: DB
Attachment
DKS:cs:D:09/12/80
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Toru macom
TOilc32av?L`-9T_ L -KkYOR AND MVNAERS, OF TRE C 17Y COUNCIL
JA.* -S C'_ ROU KE, CITY ATTORNEY
DANIEL K. SPRADLI-N, DEPUTY CITY ATTORNZY
SWECTs ttFCuLATIUK OF OUTDOOR ADVER`T'ISING STRUCTURES AND 'MEP REHOVJkL
THEREOF-SUPPL„MEA^rED MENORFIi'.MUM, (NUMBER 3)
Since the date of our last Inter -Com on the subject
the following event* have: caccu.rred:
1. The owner of parcel 401-28, Southern Pacific Trans-
portation co=pa_ny has rcgn:egted Foster and Kleiser to remove their
sign at the: northwest corner of Newport 4nd Irvine Bou?evard.
?, The owner of parcel 062-022-89, Mobil Oil has also
r4:-gQested Foster and Kleieer to re s7e their sign located at the
northwest corner of 131 East 1st Street.
3. We have received no response to our demand letter from
poster and Fie.lser as to whether they will comply and remove these
rwO Signa.
4. The owner of parcel 432-441-09, Tic Toc Systems, Inc.,
has request? pacific Display to remove their sign located at 14108
Red dill. Pacific Display has advised this office that they are
unwilling to agra& to remove the sign until they have evaluated
ordinance #684. They indicate that it is their current policy to
resist efforts to require such removals.
S. We have not received any response to Our demand letter
from, the Tust.ln war memorial as to whethar it will remove the sign
loc4t4e=u at Ist Street and Prospect Xvenue,
6. The sign at 525 El Camino Real has been removed.
?, we have taken no action a$ yet with respect to any
Sign within 660 feet of r,n interstate highway.
DRS: j s
cc: Dp
DATE: September 11, 1980
Iter -C®
TO: Honorable Mayor and City Council
FROM: Dan Blankenship, City Administrator
SUBJECT: FOR SALE SIGNS ON CARS
Attached is a letter received from a resident complaining of
receiving a citation for parking his car on South Prospect
with a "for sale" sign in the window. This has been staffed
with the three applicable departments as a means of reviewing
the desirability of the regulation (see attached memo) as it
did not appear too serious on first glance.
Attached are responses from Engineering and Police. Engineering's
view is that the regulation is not necessary from a traffic
viewpoint and cars cannot be parked over 72 hours in any event
(if marked and checked by the police). The Police Department's
view is that they enforce primarily by complaint and try to
warn people whenever. possible. They have also issued an
enforcement advisory on August 26, 1980 suggesting citing only
after one days notice or if the car is simply moved to another
location. Corununity Developments' view is that the real concern
they have is people leaving a car on the street for advertising
for several hours and not just parking it while they do some
shopping or brief chores. If it is not regulated at all, then
some sections of streets can be loaded with cars for sale that
are dropped off daily or for the weekend. This would be
unattractive and take up parking from nearby businesses or
residents and would also make more difficult enforcing vehicle
mounted commercial advertising signs.
My conclusion is that the regulation as it is enforced appears
reasonable. The only potential change might be to change the
code to specify leaving the vehicle with such a sign in the
same location more than four or eight hours constitutes a
violation. This would place more of a burden on the Police
Department to document their case.
This report is only for information unless Council wishes to
initiate some action.
Respectfully submitted,
Dan Blankenship
City Administrator
DATE:
TO:
F ROM
SEPTEMBER 3, 1980
0
MIKE BROTEMARKLE, DIRECTOR OF COMMUNITY DEVELOPMENT
--'BOB LEDENDECKER, DIRECTOR OF PUBLIC FORKS
CHARLES THAYER, POLICE CHIEF
DAN BLANKENSHIP, CITY ADMINISTRATOR
SUBJECT: ATTACHED LETTER REGARDING SIGNS ADVERTISING CARS FOR SALE
Attached is a letter from a Tustin resident who was cited for having a "For
Sale" sign on his car. Please review and comment.
This type of restriction is a common section in most cities traffic and
parking ordinance. It is a touchy regulation in some regards due to its
apparent minor importance. On the other hand, if unregulated, you could
have cars lined up on Newport Avenue, etc., as a "free" used car lot.
1. Is the regulation needed? /-A �,
2. Is there a better way or less restrictive
�
way of handling the problem?
3. Is the court really taking such a casual
view of this type of citation?
(Police Chief.please check).
I will want to pass on your comments and the letter to Council on September
10th.
TzUe�� C) /fns, <Ir7Cl
017 r
._L
DATE:
TO:
FROM:
SUBJECT:
0
September 9, 1980
Charles R. Thayer, Chief of Police
Captain N. E. Williams
Letter to Council Complaining of Citation
0
Inter—Com
The attached Inter -Com from City Administrator Blankenship and letter from
Mr. Joe Borzellino deal with a citation issued to Mr. Borzellino's parked
vehicle. The citation was T99747. It was issued at 100 S. Prospect, on
8/21/80, at 9:05 A.M., to a 1977 Dodge Aspen station wagon, blue in color,
California license 501TJS. I contacted Mr. Borzellino by phone and he
indicated that his intent was not to complain about the citation itself since
he understood that police officers must take action on the ordinances passed
by the City Council. His intent, instead, was to have the Council either
repeal the law or place warning signs at the primary entrances to the community
so that persons could be aware of the law. I pointed out to Mr. Borzellino what
our policy was in this area and read to him the attached memorandum from Agent
Johnson (which incidentally was placed on the briefing board the day before
Mr. Borzellino wrote his letter). .I further explained to him that his vehicle
had been cited because of requests from the Tustin Meadows Homeowners Association
that all. vehicles violating this ordinance be cited in the area of Tustin
Meadows. Mr. Borzellino confirmed that since writing the letter, he had learned
that his vehicle was probably cited at the specific request of the Tustin
Meadows Homeowners Association.
It is interesting to note that a Mr. Rik Vollaerts who is a public relations
and advertising agent with offices at 14632 Canterbury Avenue, Tustin, CA,
92680, phone 838-0826, had contacted Agent Johnson in an attempt to have this
citation dismissed.
After reviewing the procedure set forth by Agent Johnson, I recommend that we
continue with.it and that Mr. Blankenship be advised of our posture which I
think is reasonable and proper.
N. E. Williams, Captain
Commander, Field Operations Division
Attach.
NEW:dh `� J Ltt�t`Cq,vOLl'[3
f �.
111r. & %irs. Joseph 6orzellino •
14631 Aimherh Circle
Tustin, CA 92680
August 27, 1980
Dear City Council Members:
Last week I received a ticket in the City of Tustin
for displaying a "for sale" sign in the window of my
car and subsequently discovered that this was indeed illegal
under City Ordinance 370 Section 2 and traffic regulation
5330f.
It was my opinion at the time that this regulation was
unenforceable for the following reasons:
1. When a law like this is on the books, the public
must be made aware of its existence in an open
and consistent way so that it has the opportunity
to avoid penalty. At present, it is possible for a
person with signs in his car to enter the city from
an area where no such law exists, park on a city
street and receive a ticket. To me, this is an ex-
ample of a government acting outside its powers and
in this case, to no one's benefit.
2. Laws should serve a purpose and be written so as
to affect citizens equally and equitably.
In talking with people around City Hall, the consensus
seemed to be that this law actually rid the city of "tacky"
for sale signs in cars. "Tacky", however, is a very subjective
term and hardly cause for government action because I can
point out to anyone on any given day a varietyof extremely
tacky signs nailed to government property, stuck into pri-
vate and public land, often distracting to passing vehicle
operators, and most often, of little or no interest to anyone.
Come November, we are often visually bombarded with tacky signs
and pictures no less, on every corner. To me, these are far
more notorious abuses of the public and private landscape.
In my opinion, this kind of sign display is far more offensive
than a sign on one's own personal property. Still, they are
allowed without restriction or penalty.
I went to court on August 21, to explain my position,
and had no problem getting my case dismissed without any cost to
me and the suggestion from the judge that I make my feelings
known to the City Council of Tustin.
I hope you will agree with my objections and take note
of the judge's reluctance to penalize individuals under this
regulation. As it is now written, this law should either be
recinded or modified so that local residents rights are no longer
needlessly impinged upon, and the police can concentrate
on more pressing urban problems.
It is important that I be notified of any action taken since
I obviously feel strongly about this matter, and I still haven't
sold my car.
Sincerely,
oe Borzellino
DATE: _ August 26, 1980fi'a .' �� A.(n P'®
TO:
All Field
Operations
Division Personnel
FROM:
Agent O.
R. Johnson,
#f480, Traffic Supervisor
SUBJECT: T.C.O. 5330(F) - Parking for Demonstration
The above ordinance prohibits the operator of any vehicle from parking on any,
City street for the purpose of advertising or displaying it for sale. We have
recently begun to receive complaints from citizens that have received citations
for violation of this ordinance. Each complainant pled ignorance of the
ordinance's existence, and suggested that warnings would be more appropriate than
a citation. While "ignorance of the law ,is no defense" the intent of the ordinance
is the issue at hand. More importantly, the high level of community support and
rapport that we now enjoy could be seriously jeopardized by the arbitrary and
capricious application of this or any other City ordinance.
In the interest of justice, and maintenance of good community relations, it is
suggested that courtesy warning notices be placed on vehicles suspected of being
in violation of this ordinance. Should the officer find the vehicle in violation
after a 24-hour period of time, or at a different location with the warning notice
removed, a citation would be in order_
This serves a dual purpose in that it is an educational tool for the public and
it can only enhance public relations, as well as your testimony in court if the
citation is contested.
O. R. John Agent
Traffic S ervisor
ORJ:dh
G?i. COPY
F: TUSTIN POLICE DEPARTMENT
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