Parties Interested in Sign/Billboard Blight

To: Parties Interested in Sign/Billboard Blight

From: Gerald A. Silver, Pres. Homeowners of Encino

Subject: #70 SIGN/BILLBOARD BLIGHT UPDATE

JUDGE RALPH W. DAU, DEPT. 57, BLOCKS RESIDENTS
CHALLENING BILLBOARD GIVE-AWAY SETTLEMENT!!!

VALIANT LAST DITCH EFFORT BY CBBB, WITH HELP FROM
PRO-BONO ATTORNEYS, FAILS TO STOP BACK-ROOM DEAL!

On Friday, January 19, 2007, Los Angeles Superior Court Judge Ralph W. Dau
refused to accept an ex-parte motion to allow the Coalition to Ban Billboard
Blight (CBBB) to intervene in the CBS/Clear Channel lawsuit (BC 282832)
against the City of Los Angeles. The final Stipulated Judgment goes back
before Judge Dau on February 2.

CONTACT YOUR LA CITY COUNCILMEMBERS AND COMPLAIN!
STOP THE BILLBOARD GIVE-AWAY!! (See contact info. at end)

Attorneys for CBBB went to LA Superior Court seeking to halt a Stipulated
Judgment in the case, originally filed in 2002, that challenged the ability
of the City to control billboard blight with its Off-Site Sign Periodic
Inspection Program.

Appearing on behalf of the CBBB was Attorney Jerry Cohen and Ted Wu, chair
of CBBB, a citizen's group. The CBBB wishes to thank Mr. Cohen and the other
attorneys that assisted in this matter, including Scenic America,
Washington, DC.

Attorney Jerry Cohen argued before Judge Dau that the CBBB had a direct and
substantial independent interest in the subject of the billboard action and
should be allowed to intercede. The CBBB's interest would not be adequately
represented unless CBBB was permitted to intervene in this action as a
matter of right pursuant to CCP section 387(b), Cohen said.

Judge Dau refused to accept the CBBB Complaint in Intervention, claiming
such action should have been launched years ago, when the billboard
companies first sued the City. The only problem with that is, the back-room
deal that was approved by the LA City Council was done behind closed-doors,
and only came to light weeks ago!

THIS SETTLEMENT DEAL FAVORS THE BILLBOARD INDUSTRY, WHILE
GIVING LITTLE OR NOTHING TO THE RESIDENTS OF LOS ANGELES!

The settlement offer signed by the City Council, and approved by Mayor
Antonio Villaraigosa allows double-faced billboards, back-lit billboards,
and makes legal, illegally constructed billboards. The Stipulated Judgment
includes a requirement that the billboard building permits be kept
confidential, and not public record. The deal includes a requirement that
the City not assist third parties from attacking the agreement. All of this
was approved behind closed-doors on November 13, 2006.

CBBB believes that the proposed Stipulated Judgment violates City ordinances
regulating billboards. It creates a bilateral agreement that would enable
the Plaintiff--billboard companies, to violate City ordinances by "altering
or enlarging billboards", and is against public policy. The City Council
cannot legally enter into a closed-door agreement as a subterfuge to reach
non-litigation oriented policy decisions, as was done in this case.

Statutory procedures and protections of public involvement cannot be ignored
and established regimes such as zoning may not be deviated from solely on
bilateral agreement. The City Council may not decide upon or adopt in closed
session a settlement that accomplishes or provides for action for which a
public hearing is required by law, without a hearing." (see Trancas Property
Owners Assn. v. City of Malibu, 138 Cal.App.4th 172.)

But the LA City Council and Mayor did it anyway!

THE DEVIL IS IN THE DETAILS...AND HERE ARE SOME DETAILS!!!

In exchange for removing 3% of thier billboards, Clear Channel and CBS will
be allowed to ignore City Ordinance No. 174547 that expressly forbids any
billboard from being "altered or enlarged."

Here are a few quotes from the pleadings in the billboard settlement deal:

"CBS represents that it has 1,628 sign Structures in the City. of Los
Angeles. Clear Channel represents that it has 1,657 sign Structures in the
City of Los Angeles. In exchange for the consideration provided by the City
in Sections 5, 6, and other provisions of this Agreement, CBS and Clear
Channel will each take down 3% of their respective sign Structures, i. e.,
forty-nine (49) sign Structures each. Each company shall take down no less
than 25 of these sign Structures by the end of the Initial Inspection
Period, with the remainder to be taken down no