1.01.007_Digital Billboard UseCITY OF ROHNERT PARK Policy #: 1.01.007
Type: City Council
CITY COUNCIL POLI C Effective Date: 2014
Former Policy #: 490.16.1
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• :-•
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% 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.
New Local Business: means a business or organization that has initially opened a
place of operation within the past 90 -days within the City of Rohnert Park. New local
businesses include a franchise or corporate branch operating within City Limits.
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.
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Local Public Educational Institutions: means and includes the Cotati-Rohnert Park
Unified School District and Sonoma State University.
Non -City: means and includes Local Nonprofit Organizations and Local Public
Educational Institutions.
POLICY
A. Responsibility
The Department of Public Works/Community Services or such other department as
designated by the City Manager is responsible for managing and submitting
messages for display on the Digital Billboard. If there are any questions regarding
content of the message, or whether or not a group requesting use of the Digital
Billboard is authorized under this policy, the City Manager will serve as the final
decision-making authority.
B. Policy
Requests to display messages consistent with this policy shall be submitted to the
Department of Public Works/Community Services or such other department as
designated by the City Manager. City message requests will have priority over all
Non -City requests. Revenue -generating City events have precedence over non -
revenue generating City events. Revenue -generating City events include, but are
not limited to: Performing Arts Center productions, Farmer's Market, Holiday Arts &
Crafts Faire, Animal Shelter Mutt Strut and other fundraising events. Non -revenue
generating City events include, but are not limited to: Public Safety National Night
Out, Public Safety service announcements and the Health and Safety Fair. Based
on historical use the anticipated City allocation is as follows (based on the 10% of
message time allocated to the City under the Lease):
Citv lJse Structure Allocation Saots/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
• Public Safety service announcements
1.0%
6
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4. Administration
.5%
3
• Community alerts
• Non -City community/civic events and new local
business welcome messages
IWAL AL 1 U11/o UU/nour
Non -City Use Structure
Non -City community/civic events messages and new local business welcome
messages will be part of the Administration allocation.
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, 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 community/civic events message and new local business welcome
message requests must be submitted by Local Nonprofit Organizations on the
Digital Billboard Message Request Form (Exhibit C) a minimum of 10
business days prior to the desired beginning display date.
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3. The Request Form is located on the City's website at: www.rpcity.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, priority
shall be given in the order as follows:
1) Revenue generating City messages
2) Non -revenue City messages
3) Local public educational institution messages
4) Local nonprofit organization messages
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. Message 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.
esignee:
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
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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.
ntertainment;
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
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. Community/Civic Events messages - Messages announcing community/civic
events will be limited to the name of the event, the sponsor, date, time and
other specific factual details of the event.
3. New local business welcome messages - Messages welcoming new local
business to Rohnert Park that have opened within City limits within 90 days of
the message will be limited to the name of the new local business, the logo of
the new local business and a brief welcome to Rohnert Park message. A
single welcome message will be allowed for each new business and no more
than three new local businesses may be included on one advertising spot.
The new business welcome messages shall originate from a local nonprofit
organization.
4. 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.
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SUBJECT
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CITY COUNCIL POLICY
767a14VA0 �l
E. Digital Specification _Requirements
It is the responsibility of the requestor to
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
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provide the desired message in the
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.
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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OHNERT PARK
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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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Exhibit B
Cost Recovery Rate Schedule
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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/Day
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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Exhibit C
Rp{ZxEkr 4Rk
CITY OF ROHNERT PARK
DIGITAL BILLBOARD MESSAGE REQUEST APPLICATION
Ca.roaNin
Organization/Group Name:
Contact Person(s)
E-mail address
Type of Event
Time of Event
Dates Requesting to Display Message:
Beginning:
Mail. Fax or Deliver ADDlication to:
City of Rohnert Park
Attn:
ADDRESS
Rohnert Park, CA 94928
Contact Number(s)
Date of Event
Location of Event
Fax # (707) XXX-XXXX Phone # (707) XXX-XXXX
e-mail:
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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Disclaimer of Liability
On behalf of the requesting organization, it is agreed that the City of Rohnert Park will
not be held liable for any improper or incorrect use of the information displayed on the
Digital Billboard and that the City assumes no responsibility for any organization's use
of the Digital Billboard. In no event may the City be liable for any damages, whether
direct, indirect, incidental, special, exemplary or consequential regardless of cause, and
on any theory of liability, whether in contract, strict liability, or tort (including negligence
or otherwise) arising in any way out of the use of the Digital Billboard, even if advised on
the possibility of such damage.
I certify that I am authorized to submit this request by the organization identified above.
Signature
Print Name
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Date
RESOLUTION NO. 2014-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION D OF THE DIGITAL BILLBOARD USE POLICY TO ALLOW
CERTAIN MESSAGES FOR WELCOMING NEW BUSINESSES TO ROHNERT PARK
AND ELIMINATING EXHIBIT D LISTING THE LOCAL NONPROFIT
ORGANIZATIONS IN ROHNERT PARK
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, City adopted a Digital Billboard Use Policy on October 22, 2013 outlining
the rules and procedures for distribution of information, advertising and announcements of
Citywide and Community events displayed on the sign; and
WHEREAS, City desires to amend Section D of the Digital Billboard Use Policy to
allow certain messages for welcoming new businesses to Rohnert Park, and
WHEREAS, City also desires to eliminate Exhibit D of the Digital Billboard Use Policy
listing the local nonprofit organizations in Rohnert Park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park herby adopts the amended and restated City of Rohnert Park Digital Billboard Use Policy, a
copy of which is attached hereto as Exhibit "A" and incorporated by this reference; 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" d day of July, 2014.
2014-085
CITY OF, ROHNLR _PARK
,Toseph Z allinan,' Mayor ✓
ATTEST:
FFr^^ ,
�,o�llnne M. Buergler, City Clerk x9
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Attachment: draft policy ;
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2014-085