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Modoc County delays billboard lease while counsel reviews content restrictions
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Summary
The board postponed a commercial lease for billboard space with Lamar Companies after staff and supervisors raised concerns about whether the county can restrict political or other messages; legal and insurance implications will be reviewed before the board considers revised language.
Heather Kelly, representing the Modoc County Air Pollution Control District, asked the board to authorize a commercial lease of billboard space to Lamar Companies that would bring $2,000 annually to the district.
Kelly said the lease would produce revenue for the district and that the agreement uses a standard legal template. "This is a contract that we will be leasing space, the billboards space to Lamar, and that revenue will go back into the air pollution control budget," she said.
Several supervisors pushed back about the county's ability to restrict the content of messages on billboards located on county property, noting potential conflicts with law and insurance. One supervisor asked whether the county could prevent tobacco advertising or political messaging on leased signs; Chester Roberts said recorded property instruments and insurance considerations require careful review.
Planning staff Jackie moved that the board postpone the item until counsel and insurance review potential lease language that would restrict certain kinds of content without exposing the county to endorsements or liability. The motion to postpone was seconded and carried.
The board directed staff and legal counsel to return with revised lease language that articulates permitted restrictions (for example, content that would be unlawful or discriminatory) and clarifies whether the county may require preapproval or instead specify disallowed categories of messaging. The board did not adopt the lease at this meeting.
The postponement preserves revenue potential for the Air Pollution Control District while leaving decisions about acceptable billboard content to a follow-up review by counsel and staff. The district also won separate board approval later in the meeting for two smaller CARB-related grants that will fund wood-smoke reduction programs.