Are They Really Selling Alcatraz at Westfield?

Cary Anderson

The Culver City Redevelopment Agency approved and knows the history of the Westfield Culver City outdoor signs, from December 2007 and May 2009 public meetings. The Design for Development pertaining to Advertising Content of the Westfield Culver outdoor signs said, "Signs will be used exclusively to advertise the business conducted or service rendered or goods produced or sold upon the property upon which the sign(s) is placed. A sign which advertises a brand name, trade name, product or service only incidental to the businesses or services conducted or operating at the Mall shall not be permitted. Goods, products or services are incidental if they do not make up a significant portion of the business”.

1) How do they justify signs that do NOT advertise the business conducted or service rendered or goods produced or sold upon the property?

2) How do the three TV shows currently advertised meet the Design for Development? How do the three movie ads?

3) Do they justify the blatant violation because the former Redevelopment Agency receives money and a cut of the advertising revenue?

Former Agency Chair Scott Malsin said at the 3/1/2012 Gateway Candidate Forum, "I'm really proud of the signs…” "They weren't my idea…” "They were proposed to us…" "When I talked with them (Westfield) about those signs I said, I can’t imagine supporting them, unless you split the profit with us, us, here, us taxpayers in the City of Culver City.”

From the 05/11/2009 RDA Agenda, "The sole purpose of the additional sign area is to enhance revenues for the freeway oriented mall signs which will be shared between Westfield and the Agency. Westfield indicates that the increased signage is justified because that was the sign area upon which their original sign revenue projections were based."

Pursuant to the OPA, the Agency receives a guaranteed base payment of $225,000 and an additional payment in an amount equal to 50% of the gross sign revenue received by Westfield during each calendar year. The additional payment occurs after Westfield receives a base payment of $2.2 million in revenue per calendar year. Additional sign revenue could increase revenue sharing to the Agency.

So this is how they justify signs that do NOT advertise the business conducted or service rendered or goods produced or sold upon the property!

They are allowing the blatant violation of us taxpayers!

When the mall rents out display space to a wide range of advertisers, it is engaging in "general advertising for hire," in contrast to the "self-promotion" function of a store sign. It is this economic independence that makes billboards legally different. Billboards are not just large signs. The content that does NOT advertise the business conducted or service rendered or goods produced or sold upon the property makes the signs by definition billboards.

The Redevelopment Agency's Attorney explained it clearly, “significant portion of business involved”. Goods, products or services are incidental if they do not make up a significant portion of the business. Movies and TV ads do NOT meet these criteria, so they are violations.

The intent stated by the mall for the signs was to draw in customers by advertising businesses in the mall. The billboards are only about advertising revenue and do NOT draw in customers with Movie and Television Show Ads.

How serious of a business are billboards? California Highway Patrol caught a person cutting trees in the 405 Freeway right-of-way adjacent to the new Westfield shopping mall in Culver City after the first sign went up. The trees, which stood in the line of sight of the billboard affixed to a corner of the shopping mall, were advertising a movie.  According to the California Department of Transportation, this blatantly illegal act is currently under investigation, along with six other tree-cutting incidents that may involve the issue of billboard or super graphic sign visibility from L.A. area freeways.

Don't believe me?  Watch the video above taken directly from the mouths of Council Members and Agency Staff.

Cary Anderson is a Former Member of the Culver City Committee on Homelessness and a Culver City Homeowner for 25 years.