The proposed Clear Channel Outdoor Electronic Billboard is illegal according to the City’s Municipal Code.
FACTS:
The proposed Clear Channel Outdoor electronic billboard is legal and this is why: Clear Channel currently owns and operates one static billboard at 12191 Edinger Ave. and two static billboards at 16252 Harbor Blvd. These three signs are located on private property and are subject to Fountain Valley Municipal Code Chapter 21.24, which prohibits billboards. The California Business and Professions Code Section 5412 authorizes a local entity – such as a city -- to enter into an agreement with a display owner to relocate a billboard display. Clear Channel Outdoor is proposing to demolish the existing static billboards and replace them with an Electronic Message Center (EMC) billboard located at 10955 Ellis Ave., which is city-owned property. Signs located on public property are regulated by a different Fountain Valley Municipal Code than signs located on private property (Chapter 21.25). Signs being regulated differently on private property versus public property is a common practice for cities. This allows government to better control the proliferation of certain signs such as billboards. Fountain Valley Municipal Code Section 21.25.010, allows for the City Council to legally approve signs such as billboards on city property. This municipal code states, “In adopting this chapter, the City Council acts in its proprietary capacity as to public property within the city. Private parties may post or display signs on public property only in accordance with this chapter or some other authorization duly adopted by the city council.” The Development and Relocation Agreement that has been drafted for this project provides the “authorization” for the City Council to consider and duly adopt if it chooses to.

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1. Are cities liable to maintain certain levels of public safety staffing?
2. The City of Fountain Valley requires Loco Lemon to pay $3,500 in license and permit fees?
3. Our current Fire Department paramedic deployment is not efficient and costly.
4. Questions have arisen about the need for overtime paid in the Police and Fire Departments.
5. The Mike Thompson’s Recreational Vehicle Superstore was a bad deal for the City.
6. The Police Department says electronic billboards are not a driving distraction.
7. Every business in town is required to have a conditional use permit in order to operate.
8. An article in the Orange County Register that appeared in the Dec. 18 Local section, included the headline, “Fountain Valley delays vote on LED billboard.”
9. In the same article, it is stated: “In October, then-mayor Nagel announced that he would cast a no vote due to concerns that the billboard could jeopardize the nearby Crossings development the city.
10. The proposed Clear Channel Outdoor Electronic Billboard is illegal according to the City’s Municipal Code.
11. Existing Businesses will be pushed out of the proposed Fountain Valley Crossings Specific Plan area if the new zoning is adopted.
12. The proposed Fountain Valley Crossings Specific Plan is being pushed on the city by a San Francisco developer and the Southern California Association of Governments (SCAG).