HomeMy WebLinkAboutRPT 1 OUTDR ADVER. 06-16-80DATE:
JUNE 6, 1980
REPORT
No. 1
6-16-80
Inter-Corn
FROM:
SUBJECT:
'HONORABT.~. MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
DANIEL K. SPRADLIN, DEPUTY CITY ATTORNEY
REGULATION OF OUTDOOR ADVERTISING STRUCTURES AND THE REMOVAL
THEREOF - SUPPLEMENTAL MEMORANDUM
Introduction
On October 4, 1979, this office submitted to The Honorable Mayor and
City Council an Inter-Com on the subject of regulating outdoor
advertising structures and requiring the removal of such signs.
Subsequent to the submission of that Inter-Com, the California Supreme
Court has rendered its decision in the rehearing granted in Metromedia,
Inc. v. City of San Diego, (1980), 26 Cal.3d 848. In the aftermath
of that decision we are submitting the following Inter-Com as a
supplement to our previous opinion.
Recent Developments
As we indicated in our earlier opinion, in March, 1979 the California
Supreme Court, when first considering Metromedia, Inc. v. City of
San Diego, concluded that the california Outdoor Advertising Act
did not preempt a local ordinance from requiring the removal of all
outdoor advertising structures. In our opinion we noted that the
Supreme Court, in rendering its decision, had based its decision in
part on Subdivision K, Section 131, of the Federal Highway
Beautification Act without considering the amendment of the Subdivision
which had occurred on November 6, 1978 by Public Law No. 95-599.
Accordingly, we opined that despite the court's conclusion that no
compensation was required for the removal of billboards within 660
feet of an interstate highway, we questioned whether this was good
law. In granting a rehearing on the case, the court reconsidered its
opinion in that regard and has now concluded that compensation must
be paid as a prerequisite to the removal of all billboards existing or
subject to litigation on November 6, 1978 located within 660 feet of
a federal interstate or primary highway. The court has further
concluded that compensation need not be paid for billboards not within
660 feet of a federal interstate or primary highway if the ordinance
allows a reasonable period for amortization of the value of the sign.
The court specifically concluded that an amortization period
ranging from one to four years is not, upon its face, unreasonable.
Furthermore, the individual challenging the city ordinance has the
burden of proving.the invalidity of the amortization period.
In addition to the recent judicial reinterpretation of a municipality's
ability to terminate outdoor advertising uses, the Legislature is
Inter-Com
Page Two
June 6, 1980
still considering SB 462 which would require the payment of
compensation by the terminating governmental entity as a prerequisite
to eliminating any billboard. The matter is still before the
Assembly Committee on Local Government.
Conclusion
The ambiguity concerning the ability of the City of Tustin to terminate
non-conforming, off-premise signs, including billboards, has been
eliminated by the California Supreme Court's most recent decision
in Metromedia, Inc. The City of Tustin may not, however, terminate
any billboards within 660 feet of a federal or primary highway. We
can move forward to eliminate billboards elsewhere in the City
without the payment of compensation if adequate time has been
provided for amortization of the physical structure. As we proposed
in our original opinion, in proceeding to terminate such uses,
the City should retain the services of an expert competent to make
an appraisal of all advertising structures sought to be terminated.
This individual can advise the City whether or not sufficient time
has elapsed to allow for a complete amortization of any investment
in such structures. If there is still remaining value in such
signs, the City would then have to make a determination as to its
willingness to pay compensation for the removal thereof.
JGR:DKS:cs:D:05/23/80
JGR:DKS:cs:R:06/06/80
JGR:DKS:cs:R:06/06/80
Mr. Dan Blankenship, City Administrator
Mr. George Reid, Building Official
Mr. Michael Brotemarkle, Community Development Director