READER’S EDITORIAL: DIGITAL BILLBOARD PLAN LA MESA CITY COUNCIL WILL CONSIDER TUESDAY COULD ENDANGER MOTORISTS, SPARK LAWSUITS

By Don Woods, La Mesa

Image: Rendering of a proposed digital billboard created by Clear Channel, via City of La Mesa documents

July 22, 2023 (La Mesa) -- The La Mesa City Council will discuss a digital billboards proposal this Tuesday evening.

At a prior meeting, the City Council appointed Council members Pat Dillard and Jack Shu to form an “ad hoc” committee to consider a proposal by Clear Channel Outdoor Advertising company to erect a huge new, two-sided digital billboard along the north side of the I-8 freeway as it runs past the Grossmont Center shopping center. The committee has met and has now made a recommendation, which the Council will take up at its 6 p.m. meeting on Tuesday.

Item 14.2 on the Council’s Tuesday agenda says “The Digital Billboard Negotiating Ad-hoc Subcommittee recommends the Council direct staff to develop and circulate, within 30 days, a Request for Proposal (RFP) for the placement and installation of digital billboards in the City, to include: (1) a statement of facts identifying the process to authorize digital billboards; and (2) a listing of questions and concerns (for response) raised by the Digital Billboard Negotiating Ad-hoc Subcommittee”.

So instead of just discussing the proposal with Clear Channel, the ad hoc committee now wants to open up a bidding competition to see who is willing to pay the most to be allowed to erect a digital billboard. In effect, they are interested in selling the safety of La Mesa residents to the highest bidder!  

The committee’s recommendation shows a surprising lack of due diligence. It also seems to ignore a number of facts, and tries to put the cart before several horses.

The short stretch of I-8 where the billboard would be erected is where at least 15 different onramps, offramps and traffic lanes all merge together as drivers on westbound I-8 merge right to get on the offramps to Grossmont Center and El Cajon Blvd, two of the busiest offramps in the city. This is where offramps and onramps from Grossmont Center Drive, SR 125 north and SR 125 south all merge onto I-8 West.

It almost guarantees that drivers heading west on I-8 in the middle of all those lanes would be distracted by a flashing digital billboard at the exact moment they need to be fully focused cars and trucks moving into and out of their blind spots to avoid a major traffic accident. When such an accident takes place, the victims are very likely to sue the city based on the city’s action approving a distracting digital billboard next to the freeway. If the city moves ahead with this proposal, it’s looking at a $10 - $100 million lawsuit waiting to happen, depending on how many vehicles and people might be involved in an accident. The voters elected city council members to effectively manage this city, not bankrupt it.

Existing La Mesa city law prohibits the erection of any new billboards in La Mesa. Soliciting bids for the erection of a new billboard appears to invite outdoor advertising companies to violate existing city law. Before issuing such an RFP, the city would have to follow its own legal and public notification processes to repeal or amend its current billboard ordinance. A mere “statement of facts” would not repeal or override existing city law. I believe that far more extensive public notice needs to be given before the Council considers such a fundamental change of city policy and laws.

We don’t know if the first company that proposed the digital billboard, Clear Channel, has permission from the property owner or a permit from CalTrans to erect a digital billboard along this stretch of the freeway. Neither do any of the other billboard companies the Ad Hoc committee recommends sending an RFP to. It is doubtful that any such permit would ever be issued. So why is the city jumping the gun in some Council members’ rush to push this proposal?

At the very least, the City Council should direct the city attorney and the police chief to investigate this proposal, review previous traffic safety studies, consult with CalTrans and the land owner, and provide the Council with a report detailing the existing city billboard prohibition ordinance, what the Council would have to do to legally repeal or amend it, and let the Council know how much potential risk, financial and legal liabilities the city could face if it tries to approve a new digital billboard in this location.

The opinions in this editorial reflect the views of the author and do not necessarily reflect the views of East County Magazine. To submit an editorial for consideration, contact editor@eastcountymagazine.org.