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2004-155RESOLUTION NO. 2004-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN ADVERTISING DISPLAY RELOCATION AGREEMENT WITH VISTA MEDIA GROUP, INC., PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 5412 WHEREAS, prior to the removal thereof, Vista Media Group, Inc., ("Vista") owned and maintained two outdoor advertising sign structures each of which structures was composed of two 72 square foot sign panels (the "displaced signs") located on certain real property in the vicinity of Knott Avenue and Orange Avenue in the City of Anaheim: and WHEREAS, said displaced signs were legally nonconforming uses within the meaning of Title 18 of the Anaheim Municipal Code; and WHEREAS, said displaced signs were the subject of certain litigation between Vista and thc City as to whether the removal thereof was a compelled removal by the City within the meaning of Section 5412 of the Business and Professions Code of the State of California; and WHEREAS, Vista and City desire to settle said litigation and resolve their differences with regard thereto by executing a separate Release of All Claims and by entering into a relocation agreement to permit the relocation of said displaced signs as provided in said agreement; and WHEREAS, Section 5412 of the Business and Professions Code of the State of California provides that cities are empowered to enter into relocation agreements on such terms as are agreeable to the display owner and the city, and to adopt ordinances or resolutions providing for relocation of displays. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council does hereby approve that certain relocation agreement between Vista and the City, to be dated as of the date of this resolution, approving the relocation of two previously existing 72 square foot outdoor advertising structures to such locations at 1190 Kramer Boulevard, Anaheim, California, as more specifically set forth in said agreement. BE IT FURTHER RESOLVED that said relocation agreement is entered into pursuant to the authority of Section 5412 of the Business and Professions Code of the State of California and the power of the City of Anaheim as a charter city pursuant to Article XI, Section 5 of the Constitution of the State of California. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said relocation agreement on behalf of the City of Anaheim, including any nonsubstantive revisions to the current form as may be approved by the City Attorney. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of July, 2004, by the following roll call vote: AYES' Mayor Curt Pringle, Council Members Tait, Chavez, Hernandez, McCracken NOES' none ABSENT: none ABSTAIN: none ATTEST: (fi, t~'~ CLERI~ OF T~E CITY OF AI~AHEIM CITY O~A~ 54828.1