HomeMy WebLinkAboutAgenda Statement 1984/03/20 Item 12 COUNCIL AGENDA STATEMENT
Item / 12
Meeting Date 3/20/84
ITEM TITLE: Resolution Amending Resolution No. 11506 by Changing the
Location for One of the Two Billboards in the
MTDB Billboard Litigation Settlement to "J" Street
SUBMITTED BY: City Attorney/�
(4/5ths Vote: Yes No )
This resolution would authorize the construction of one of the two
previously approved billboards at the northeast corner of "J"
Street and I-5.
RECOMMENDATION: Approve the resolution
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
At its March 13, 1984 meeting, the City Council directed staff to
raise the issue of the removal of the billboard at the southeast
corner of "E" Street and I-5 as a condition of the approval of the
second billboard at "J" Street. A representative of the billboard
company stated that since they have already entered into a settle-
ment agreement with MTDB which does not require any further
removals, they would stand on that agreement or, in the
alternative, seek monetary damages from MTDB. At the same time,
this representative agreed to provide a letter confirming the fact
that the billboard in question is valued at $7, 500 and that the
billboard company would agree to this amount as compensation at
any time that the property at the southeast corner of "E" and I-5
is devoted to public use.
Staff also recontacted MTDB staff and was informed that there is a
settlement meeting in Superior Court on March 22 and that MTDB
will have to satisfy the terms of the settlement on that date or
will be subject to monetary damages. Staff represented that MTDB
would be extremely appreciative of any action that Council may
take to provide the two necessary sites.
Given this background, I would recommend that we approve the site
at the northeast corner of "J" and 1-5 as an alternative to one of
the two sites previously approved to aid MTDB in the settlement of
this lawsuit.
FISCAL IMPACT: N/A
(',/,/ �-c��
L)/ C ', Co -,;;1 of
t,wti JL6i
Dated
Form A-113 (Rev. 11/79)
GANNETT OUTDOOR
November 17, 1983
The Honorable Greg Cox fogib g � 1
Mayor, City of Chula Vista Qv 1
Chula Vista Civic Center tr MpyO�SO 4th Avenue �,1i1►1a/1S Chula Vista, CA 4, IS
Dear Mayor Cox: no
After checking with the map division of the Department of Transpor-
tation, Gannett Outdoor Co. , Inc. , and Foster & Kleiser would like to
resubmit our settlement proposal for your consideration. We have been
informed that the present MTDB rail alignment will move some 1, 000 ft.
east of the existing roadbed at a point about 850 ft. north of "E" St.
Using the State of California spacing regulations, the third northerly
most board of our present proposal will not be visible from Inst. 5 .
Therefore, our latest proposal will be for 2 painted bulletins north
of "E" Street and 1 painted bulletin just south of "H" Street.
As an inducement to the City, the Industry will make one face of the
three structures available for the City' s use for a maximum of 6 months
per year. The only copy restriction would be that it not be in dir-
ect competition to existing or potential clients of the outdoor in-
dustry. However the City could advertise specific events, redevelop-
ment projects of a non-commercial nature, or any public service pro-
ject.
Should a fourth location be approved by the State of California Outdoor
Advertising Division, the Industry will make one face available to the
City under the restrictions listed above on a yearly basis. This could
also be divided into two faces for a six month period. Also, should a
fourth location be approved, the Industry would consider an increase in
rental payments in accordance with the Cost of Living Index, with a max-
imum percentage limit to be worked out by the City and the Industry.
Thank you in advance for your consideration in this matter and we are
looking forward to a personal discussion at a later date.
Titlirrit
Tom Malinoski
G t 0 or Co. , Inc.
c,c 1
E Dato e. c:
cc: Thomas Harron Foster & Kleiser
Chula Vista City Attorney
C �_:,„, G,x P.,‘t'T :c.e., II.ii,
dr ja Ganne Outdoor Co.,Inc.of outhern California
m` 3180 University Avenue WRITTEN COMMUNTCATION�S
San Diego,California 92104-2093 CI Y COUNCIL MEETING b'aa4
( Eir (714)283-7074