2013/10/22 City Council Resolution 2013-146RESOLUTION NO. 2013 -146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING A DIGITAL BILLBOARD USE POLICY
WHEREAS, the City of Rohnert Park ( "City ") entered into a Digital Billboard Lease
( "Lease ") dated April 23, 2013 with Veale Investment Properties dba B.P.O. of California
( "Billboard Operator ");
WHEREAS, under the Lease, the City has leased certain property owned by the City that
is adjacent to the 101 freeway to the Billboard Operator for the purpose of developing and
operating a digital billboard; and
WHEREAS, under the Lease the City is allocated 10% of total advertising time on the
digital billboard for City use; and
WHEREAS, the purpose of the City's Digital Billboard Use Policy is to provide
guidelines and procedures for the identification, priority, submission and display of messages
regarding City and community events on the digital billboard; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park herby adopts the City of Rohnert Park Digital Billboard Use Policy attached hereto as
Exhibit "A "; and
BE IT FURTHER RESOLVED that the City Council authorizes and directs the City
Manager to implement the Digital Billboard Use Policy for and on behalf of the City of Rohnert.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 22 °a day of October 2013.
29
ATTEST:
r `YES , .. a >, CITY OF ROHNERT PARK
, t ,N1 e
oAnne Buergler, City Cler
Attachment: Policy
62,
I Pam Stafford, Mayor
AHANOTU: 1'VYi� BELFORTE: 1�c MACKENZIE: / (t: CALLINAN: f - \tom STAFFORD:
AYES: ( ) NOES: ( (D ) ABSENT: ( ) ABSTAIN:
"Exhibit A"
Digital Billboard Use Policy
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT I POLICY NO. I RESO. NO. I EFF. DATE I PAGE 1 OF 11
DIGITAL BILLBOARD USE 1 1 2013 -146 1 10/23/2013
PURPOSE
The City has entered into a Digital Billboard Lease dated April 23, 2013 (Lease) with
Veale Investment Properties dba B.P.O. of California (Billboard Operator), under which
the City has leased certain property owned by the City that is adjacent to the 101
freeway to the Billboard Operator for the purpose of developing and operating a digital
billboard (Digital Billboard). The primary purpose of the Digital Billboard is to generate
advertising revenues used to help support City operations. The Digital Billboard is not
intended to provide a general public forum for the purposes of communication, but to
make use of City property held in a proprietary capacity in order to generate revenue.
Under the Lease, the City is allocated 10 %0 of the total advertising time on the Digital
Billboard for City usage. The purpose of this Digital Billboard Use Policy is to provide
guidelines and procedures for the identification, priority, submission and display of
messages regarding City and community events on the Digital Billboard.
DEFINITIONS
City: means the City of Rohnert Park and its departments and events sponsored by the
City.
City Manager: means the City of Manager of the City or the Manager's designee.
Community /Civic Events: mean local events that are of a civic, public, or educational
nature, including City festivities and other similar events that promote the community
and are open to the general public.
For - Profit Organization`: means a business or other organization whose primary goal
is making money (a profit) or has not been deemed eligible for nonprofit status by the
Internal Revenue Service.
Local Nonprofit Organization: means an organization that has been conferred eligible
for nonprofit status by the Internal Revenue Service under United States Internal
Revenue Code Section 501(c) and maintains its principal office or place of operation
within the City of Rohnert Park. Exhibit D of this policy lists all current Local Nonprofit
Organizations. This list is updated annually.
Local Public Educational Institutions: means and includes the Cotati - Rohnert Park
Unified School District and Sonoma State University.
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CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT I POLICY NO. I RESO. NO
DIGITAL BILLBOARD USE 1 1 2013 -146
C-14
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Non -City: means and includes Local Nonprofit Organizations, Community /Civic Events,
and Local Public Schools.
POLICY
A. Responsibility
The Department of Public Works /Community Set
and submitting messages for display on the C
questions regarding content of the message, or
use of the Digital Billboard is authorized under'`
serve as the final decision - making authority.
B. Policy
City message requests will have priority over
generating City events have precedence over no
Revenue - generating City events include, but at
Center productions, Farmer's Market, Holiday A
Mutt Strut and other fundraising events. Non
include, but are not limited to: Public Sa,
service announcements and the Health an
the anticipated City allocation is as follow:
allocated to the City under the Lease):
City IIsP StrurturP
s responsible for managing
Billboard. If there are any
�r or not a group requesting
)licy, the City Manager will
all Non-City requests. Revenue -
i- revenue generating City events.
not limited to: Performing Arts
is & Crafts Faire, Animal Shelter
revenue generating City events
ety National Night Out, Public Safety
J Safety Fair. Based on historical use
(based on the 10% of message time
Allocation Snots /Hour
1. Community Services /Performing Arts Center (PAC)
• Trade Agreements
7.5%
45
• PAC Productions
2. Community Services (other)
City- sponsored events
1.0%
6
3. Public Safety
• Community alerts
1.0%
6
• Public Safety service announcements
4. Administration
• Community alerts
.5%
3
• Non -City events and messages
TOTAL
Non -City Use Structure
Non -City messages will be part of the Administration allocation.
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10% 60 /hour
SUBJECT
DIGITAL BILLBOARD USE
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
POLICY NO. I RESO. NO
2013 -146
EFF. DATE
10/23/2013
(D]
PAGE 3 OF 11
For - Profit Organizations: For - profit organizations are not covered under this policy
and will be referred to the Billboard Operator for their advertising needs as outlined
in the Lease.
C. General Information, Procedures and Prioritization
General Information
1. Requests will be approved on the basis of availability, first come, first served,
and conformity to the prioritization and advertising criteria as outlined in this
policy.
2. Duration of all messages will be determined on a case by case basis by the
City Manager.
3. Each message will be displayed for the prescribed time and must conform to
the parameters outlined in Exhibit A.
NOTE: Under the Lease, the Billboard Operator has sole discretion in
determining the advertising time placement within the advertising display
loop.
Procedures
1. City message requests must be submitted a minimum of one week prior to
the desired beginning display date.
2. Non - City message requests must be submitted on the Digital Billboard
Message Request Form (Exhibit C) a minimum of 10 business days prior to
the desired beginning display date.
3. The Request Form is located on the City's website at: www.r cip ty.org. The
request form must be completed legibly and in its entirety in order to be
considered.
Prioritization
1. In the event that there are several requests for any given time period, the
requests will be posted on a first come, first served basis with priority given to
City messages.
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CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT I POLICY NO. I RESO. NO
DIGITAL BILLBOARD USE 1 1 2013 -146
(D]
EFF. DATE I PAGE 4 OF 11
10/23/2013
2. If there is unbooked City usage time, the Digital Billboard will default to
display PAC Productions and Trade Agreements based on approval by the
City Manager.
D. Messaae Content
1. All messages submitted for display must adhere to the criteria outlined in
Section 7.12 (Advertising Rights) of the Lease, which is restated as follows:
7.12 Advertising Rights
7.12.1 Operation of the Message Center. In operating the Message
Center, Tenant shall conform to all valid and applicable laws and regulations,
including laws and regulations pertaining to outdoor advertising, including the
criteria and limitations set forth in the Lease Agreement. Unless otherwise
legally obligated to do so, Tenant shall not display any message that in the
judgment of the Rohnert Park City Manager or his or her designee:
i. is false, misleading, or deceptive,
ii. promotes the sale or use of tobacco products, or medical
marijuana, whether directly or indirectly, provided that advertising for
hydroponics shall not be deemed indirect promotion of marijuana,
iii. promotes the sale of alcoholic beverages in a manner that violates
the best standards of the outdoor advertising industry for the promotion of
wineries or alcoholic beverages,
iv, depicts violence or anti - social behavior or relates to illegal activity;
V. contains "obscene matter," as that term is defined in California
Penal Code section 311 on the Effective Date, or promotes adult
entertainment,
vi. promotes or opposes a candidate for public office or promotes or
opposes a ballot measure;
vii. holds a person or group of persons up to public ridicule, derision, or
embarrassment, or defames a person or group of persons, or
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SUBJECT
DIGITAL BILLBOARD USE
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
POLICY NO. I RESO. NO
2013 -146
EFF. DATE I PAGE 5 OF 11
10/23/2013
viii. contains language that is obscene, vulgar, profane, or scatological,
or that presents a clear -and- present danger of causing riot, disorder, or other
imminent threat to public safety, peace, or order.
As used in this Section 7.12.1, "legally obligated" shall mean under a court
order from a court with competent jurisdiction.
2. Non -City messages will be limited to the name of the event, the sponsor,
date, time and other specific factual details of the event.
3. If despite such preliminary review by the City, a message is subsequently
determined to be in violation of these criteria, the City Manager may cause
such message to be removed. If a Non -City message is removed, a pro -rated
refund will be provided by the City.
E. Digital Specification Requirements
It is the responsibility of the requestor to provide the desired message in the
following format:
1. File Size: 200px Height x 704 px Width
2. File Type: Uncompressed.jpg
3. DPI: 72 default` setting
4. Color Mode: RGB and CMYK
F. Authority
1. The City,' Manager is authorized: to accept or reject requests, including the
content of the message, and may propose alteration to the requestor in order
to comply with the guidelines set forth in this policy.
2. The -_City Manager, may pre -empt, remove or delay displaying any City
message.
3. For Non -City message displays, the City Manager may delay the display or
remove a playing message for non - payment of the applicable advertising rate.
There will be no refunds or reductions in charges for any resulting loss of
message display time. However, if a Non -City message is delayed for
reasons or circumstances beyond the control of the City, the City will use its
best efforts to have the Billboard Operator extend or increase in the frequency
of the affected message.
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CITY OF ROHNERT PARK
gYSi '
CITY COUNCIL POLICY i
SUBJECT POLICY NO. RESO. NO. EFF. DATE PAGE 6 OF 11
DIGITAL BILLBOARD USE 2013 -146 10/23/2013
G. Cost Recovery:
There will be no cost recovery rate applied to City message displays.
There will be no cost recovery rate applied to Local Public Educational Institutions
for non - ticketed or non -fee charged events or announcements.
Non -City messages will be charged at the rates indicated in the attached Cost
Recovery Rate Schedule (Exhibit B).
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CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT I POLICY NO. I RESO. NO. I EFF. DATE I PAGE 7 OF 11
DIGITAL BILLBOARD USE 1 1 2013 -146 1 10/23/2013
Exhibit A
Advertising Dimensions and Durations
It is the responsibility of the requestor to provide the desired Digital Billboard display in
the following format:
1. File Size: 200px Height x 704px Width
2. File Type: Uncompressed.jpg
3. DPI: 72 default setting
4. Color Mode: RGB and CMYK
Message Duration:
• Minimum frame display duration, 6 seconds
• Minimum total message duration: 2 days
• Maximum total message duration: T! BD) days, dependent upon availability and
at the City Manager's discretion.
Under the Lease between the City and the Billboard Operator, the City is allocated 10%
of the total advertising time on the Digital Billboard. This allows for all City uses up to
one spot per minute and sixty spots per hour.
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CITT OF ROMERT ►
CITY COUNCIL POLICY
SUBJECT I POLICY NO. I RESO. NO. I EFF. DATE I PAGE 8 OF 11
DIGITAL BILLBOARD USE 1 1 2013 -146 1 10/23/2013
Exhibit B
Cost Recovery Rate Schedule
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�r��5✓i 7 .r %� r �
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Local Nonprofit Organizations
* _ Weeks Maximum per Ad
Weekdays and Weekend``
$100 /Entire week
Weekends only
$40/Weekend
Weekday rate (minimum 2 days)
$25 /Da
Community /Civic Events
*_Weeks Maximum per Ad
Weekdays and Weekends
$200 /Entire week
Weekends only
$80/Weekend
Weekday rate (minimum 2 days)
$50 /Day
*To be evaluated and approved on a case -by -case basis.
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CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT I POLICY NO. I RESO. NO
DIGITAL BILLBOARD USE 1 1 2013 -146
Exhibit C
EFF. DATE
10/23/2013
�Ui7ytiRT j.{qd_
CITY OF ROHNERT PARK
62 DIGITAL BILLBOARD MESSAGE REQUEST APPLICATION
CACt4oaNrR
Organization /Group Name:
Contact Person(s) Contact Number(s)
E -mail address
Type of Event Date of Event
Time of Event Location of Event
Dates Requesting to Display Message:
Beginning: End:
Mail, Fax or Deliver Application to`
City of Rohnert Park
Attn:
ADDRESS
Rohnert Park, CA 94928'
Fax # (707) XXX -XXXX Phone # (707) XXX -XXXX
e -mail:
PAGE 9OF11
Applications must be received at least 10 business days prior to the desired posting date.
Print the message as it should appear on the Billboard. Under the City's Digital Billboard
Use Policy, Non -City messages are limited to the name of the event, the sponsor, date,
time and other specific factual details of the event. The City of Rohnert Park reserves
the right to modify content and format for policy compliance.
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SUBJECT
DIGITAL BILLBOARD USE
Disclaimer of Liability
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
POLICY NO. I RESO. NO. I EFF. DATE
On behalf of the requesting organization, it is agreed
not be held liable for any improper or incorrect use o
Digital Billboard and that the City assumes no respoi
of the Digital Billboard. In no event may the City be
direct, indirect, incidental, special, exemplary or cons(
on any theory of liability, whether in contract, strict lia
or otherwise) arising in any way out of the use of the C
the possibility of such damage.
I certify that I am authorized to submit this req
Signature
Print Name
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2013 -146 1 10/23/2013
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that the City of Rohnert Park will
the information displayed on the
sibility for any organization's use
liable for any damages, whether
juential regardless of cause, and
�ility, or tort (including negligence
gital Billboard,; even if advised on
ie organization identified above.
Date
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT POLICY NO. I RESO. NO. EFF. DATE PAGE 11 OF
11
DIGITAL BILLBOARD USE 2013 -146 10/23/2013
Exhibit D
Local Nonprofit Organizations in Rohnert Park, California
To be completed.
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