City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01855 11/15/2022 Discussion Item 7.
Outdoor Interactive Digital Media Display Policy - Status Update File ID: 2022-01855
Location: Citywide
Recommendation: Receive status update.
Contact: Kevin Colin, Principal Planner, (916) 808-5260, [email protected], Community Development Department
Presenter: Kevin Colin, Principal Planner, (916) 808-5260, [email protected], Community Development Department
Attachments:
1-December 7, 2021 Staff Report
2-Consultant Scope of Work/Schedule
Description / Analysis
Issue Detail: The Law & Legislation Committee log includes an item for the consideration of an outdoor interactive digital media display policy. The purpose of this staff report is to provide the committee an update on work efforts to develop a policy concerning outdoor interactive digital media displays, which would include amendments to City Code Chapter 15.148 (Signs).
City Code does not presently provide for a newer signage technology commonly described as ‘Digital Wayfinding Kiosks’ or ‘Smart City Kiosks.’ These electronic devices are usually located in public rights-of-way, visually resemble a large mobile phone, and both convey information and provide some public services. Examples of information and services provided by the devices includes wayfinding (e.g., maps), free Wi-Fi, electric vehicle charging, emergency alert broadcasting, air quality information, pedestrian surveillance, local information (e.g., tourist attractions), off-site general commercial advertising, and public transportation schedules. Commonly, these signage types are
File ID: 2022-01855 11/15/2022 Discussion Item 7.
privately owned yet placed in the public right-of-way (when permitted by local code) through a license agreement.
Prior committee meetings on this topic include:
· August 18, 2020: Councilmember Guerra added the topic to the Committee log. · December 7, 2021: The Committee reviewed preliminary information related to City Code amendments necessary to enable ‘Smart City Kiosks,’ provided comments to staff, and requested additional information (e.g., study use of mobile phone application, city cost vs. revenue estimate). See Attachment 1 for staff report. The Committee requested that staff report back with the following information:
o Community input on digital kiosks
o Options for multilingual communication
o Pros and cons of cameras on kiosks
o Options for a phone application
Subsequent to the December 7, 2021 meeting, the staff lead for this item was transferred from the Public Works Department to the Zoning Administration Section of the Community Development Department. In January 2022, the new staff lead (Zoning Administrator) resigned. Although that vacant position (Zoning Administrator) was filled in March 2022, staff turnover continued in the Zoning Administration Section (i.e., 4 of 11 positions vacated). In the intervening months, service delivery narrowed to the section’s core purpose - staffing the public counter to: (1) intake and evaluate all development and building permit applications; and (2) answer all inquiries concerning planning/zoning matters. Concurrently, recruitment efforts yielded (in September and October of this year) the filling of four planner vacancies and the publication of a request for proposals in June 2022 for a consultant to assist with the outdoor interactive digital media display policy.
In September 2022, a consultant (Third Plateau) was selected to support staff on responding to the committee’s direction (see Attachment 2). The consultant’s work started on October 28, 2022 and includes the following scope and schedule:
· Phase 1: Best Practices Research
: Third Plateau will conduct secondary research and have conversations with City officials regarding the considerations, features, and implementation of digital kiosks. Third Plateau will develop case studies on cities that have successfully implemented digital kiosks. Through desk research, Third Plateau will also examine lessons learned from cities who pursued alternative methods to provide community information as well as jurisdictions that discontinued the use of kiosks. This work will be presented in a landscape report summarizing digital kiosk best practices, findings from case studies, and
File ID: 2022-01855 11/15/2022 Discussion Item 7.
recommendations
· Phase 2: Community Outreach: After completing the best practices research, Third Plateau will conduct community outreach to assess interest levels in kiosk design features, potential kiosk locations, and content. This engagement will help ensure kiosk design and implementation are aligned with community needs and interests as well as build awareness and buy-in from local stakeholders. Outreach methods include:
o Targeted Community Meetings (2 total)
o One-on-One Community Stakeholder Interviews (12 total) o Community Survey
o Interagency, Interdepartmental, and Community Meetings (4 total) This scope of work will be carried out over a five-month period, concluding in March 2023. Phase 1 will take two months to complete; Phase 2 will occur over the remaining three months.
At the final community outreach event (i.e., at Law & Legislation Committee), staff will request final direction on whether to proceed to amendments to the city code (i.e., Chapter 15.148 (Signs)) and, if so, the parameters to address when drafting said legislation, as informed by the research and community input.
Should the committee proceed with legislation and, subject to City Council adoption, the project would move into an implementation phase. Broadly speaking, this would include the definition of project parameters (e.g., location, number, design features, public benefits to be derived, permissible private commercial messaging) and a competitive procurement process for the selection of a digital kiosk contractor and subsequent negotiation of terms for a license agreement.
Policy Considerations: Digital kiosks support the following General Plan policy:
ED 1.1.3 Economic Development Partnerships. The City shall partner with economic development organizations and businesses to improve and advance Sacramento’s economic development climate.
Economic Impacts: The potential economic impacts apply to the City’s revenue and expenditures, rather than the public generally. It is anticipated the costs (e.g., installation, maintenance, removal) of digital kiosks will be negotiated between a private entity (who owns the signs) and City of Sacramento (who owns the right-of-way). Such negotiations may include terms of revenue sharing for general off-site commercial signage.
Environmental Considerations:
File ID: 2022-01855 11/15/2022 Discussion Item 7.
California Environmental Quality Act (CEQA): This informational update is not a project under the California Environmental Quality Act (CEQA), because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 5378(b)(2) and 15378(b)(5) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
Sustainability: Not applicable; to be determined.
Commission/Committee Action: None.
Rationale for Recommendation: None currently as the item is review and comment only.
Financial Considerations: The consultant’s scope of work will be fulfilled within a budget of $80,000. Half of the budget is funded through the Community Development Department’s existing On -Call Consulting Services for the Neighborhood Development Action Team, and the balance is funded through the Community Development Department general operations fund.
Local Business Enterprise (LBE): Not applicable.
Susana Alcala Wood, City Attorney Jorge Oseg uera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer Law and Legislation Committee Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2021-01377 December 7, 2021 Discussion Item 04 T
itle: Consider Amending City Code to Allow for Smart City Kiosks Loc
ation: Citywide
R
ecommendation: Review and comment on: 1) amending chapter 15.148 of the city code to allow for the installation of digital display smart city kiosks.
C
ontact: Ofelia Avalos, Engineering Manager, Public Works Department (916) 808-5054; Darin Gale, Senior Development Project Manager, Office of Innovation & Economic Development (916) 808-7190; Darin Arcolino, Assistant IT Director, Information Technology, (916) 808-0403; Evan Compton, Principal Planner, Community Development Department (916) 808-5260
P
resenter: Ofelia Avalos, Engineering Manager, Public Works Department and Darin Gale, Senior Development Project Manager, Office of Innovation & Economic Development A
ttachments:
1-Description/Analysis
2-Background
File ID: 2021-01377 Discussion Item 04
December 7, 2021
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City of Sacramento
Description/Analysis
Issue Detail: On August 18, 2020, staff was asked to return with an outdoor interactive digital media policy as an opportunity to look at new technology that could link air monitors and other equipment. Staff has researched the use of commonly called ‘Smart City Kiosks.’ This new type of street furniture is usually located in public rights-of-way and built with emphasis on digital engagement and combining multiple services in one physical structure. Smart City Kiosks are often deployed at no cost to cities in exchange for placement in the public right-a- way. The kiosks are funded by advertising revenue obtained through digital advertisements on the kiosks.
Kiosks provide a myriad of different interactive services including wayfinding; free Wi-Fi; EV charging; emergency alerts; air quality monitoring; surveillance; interaction with local businesses; tourist attraction information; and access to public and private services such as public transportation schedules.
Sacramento City Code:
Placement of the proposed kiosks in the City are currently restricted by the city’s sign code, (City Code Chapter 15.148). Section 15.148.680 of the code potentially prohibits use of the kiosks as they may fall within the definition of “billboard.”
15.148.680 Billboards. “Notwithstanding any contrary provision of this chapter, from and after November 15, 2007, the construction, erection, installation, and use of new billboards are prohibited.”
“Digital billboard” means a billboard or other off-site sign that uses digital-display technology.
“Billboard” means a permanent sign structure that is in a fixed location and is used, in whole or part, for general advertising for hire.
Although the city code restricts new “billboards” the City Council has adopted amendments and exceptions to the code. For example, section 15.148.191 of the code, adopted in 2019, established the Entertainment and Sports Center Sign District (ESC).
The ESC allows for signage that otherwise would be prohibited under chapter 15.148 .
Section 15.148.600 of the sign code provides a list of signs exempt from the other provisions of chapter 15.148. Two recent additions to this portion of the sign code are subsections (F) and (G) of section 15.148.600. Subsection(F) allows for bicycle-share sponsorship signs and subsection (G) allows for sponsorship signs for EV-charging stations, however it states that each sponsorship sign may not display general advertising.
File ID: 2021-01377 Discussion Item 04
December 7, 2021
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City of Sacramento
Staff would like the Law and Legislation Committee to provide guidance on the potential changes needed to the city’s sign code, agreements, and policies to open the door for allowing companies to install Smart City Kiosks in Sacramento. The feedback will guide staff to move forward in developing the policy.
Policy Considerations: The Smart City Kiosks support the following goals and policies of the City’s General Plan:
ER 6.1.13 Zero-Emission and Low-Emission Vehicle Use. The City shall encourage the use of zero-emission vehicles, low-emission vehicles, bicycles and other non-motorized vehicles, and car-sharing programs by requiring sufficient and convenient infrastructure and parking facilities in residential developments and employment centers to accommodate these vehicles. (RDR/PI)
ED 1.1.3 Economic Development Partnerships. The City shall partner with economic development organizations and businesses to improve and advance Sacramento’s economic development climate. (JP).
Economic Impacts: None
Environmental Considerations:
California Environmental Quality Act: The informational update in this report is not a project under the California Environmental Quality Act (CEQA), because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 5378(b)(2) and 15378(b)(5) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
Sustainability: The Smart City Kiosk has an option for an EV charger which will help support the City of Sacramento’s sustainability goal.
Commission/Committee Action: None
Rationale for Recommendation: None currently as the item is review and comment only.
Financial Considerations: Not applicable for this action.
Local Business Enterprise (LBE): Not applicable
BACKGROUND
City staff has performed some research regarding digital display Smart City Kiosks and found pertinent items to consider such as existing agreements and city programs which may cause the kiosks to duplicate efforts. The research is as follows:
1. Existing Agreement:
After a Request for Proposals (RFP) selection process, the city entered into a contract with EVgo on November 13, 2019 for curbside electric vehicle charging in the right-of-way (City Agreement 2019-1671). The agreement does not allow for general advertising. The City and EVgo are collaborating to offer curbside charging in Sacramento through a public-private partnership. Chargers are owned and operated by EVgo, and available as a paid service to the public.
2. Digital Equity:
As a component of the city's public-private partnership with Verizon, free high-speed Wi- Fi access points have been installed at 27 parks throughout the City of Sacramento. The primary goal of the Wi-Fi solution is to support the City's goals of digital equity and economic development. Free Public Access Wi-Fi Services is also available at 8 City Community Centers and 7 City public facilities for Sacramento residents.
A Digital Equity Response program was established using CARES Act funding to provide internet connectivity to up to 10,000 qualifying Sacramento City households, up to 1,000 individuals and families with computers or hot spots at no cost to the individual or family, and digital literacy training and outreach for community members and seniors individuals impacted by the COVID-19 pandemic. The City will continue sponsoring the program in partnership with the United Way and other area sponsors.
3. Air Quality Monitoring
City Council allocated $500,000 for an air quality monitoring pilot with the Sac Metro Air Quality Management District. Staff are currently collaborating to develop the scope of this effort. Priority areas for air quality monitors tend to be outside the central city, where vendors typically seek to install smart-technology kiosks and devices primarily within the Central City. By contrast, the City’s funding would focus on expanding area quality monitoring in areas such as North Sacramento, Del Paso, Oak Park, and South Sacramento, where smart technologies in the right-of-way are less of a fit.
4. General Advertising
Smart City Kiosks are funded by general advertising revenue. There may be a perception that advertising on a public agency’s asset implicitly endorses the brand’s product and values.
5. Street Furniture Clutter
Kiosks require a relatively large foundation in the public right of way where other street furniture may already exist, and ADA compliance is a concern. This equipment is often a target for graffiti and vandalism which requires local third-party maintenance companies to clean and repair kiosks on a scheduled basis.
6. Visual Clutter
Development and design standards for the kiosks will need to be discussed as part of the future code changes including the maximum height of the kiosk structures, maximum number and dimensions of the electronic screens, and the minimum allowed transition time between images. A revocable permit to install each kiosk will need to be submitted and at that time locations and traffic/pedestrian control plans would be evaluated.
7. Technology Refresh Cycle
The City would typically have to commit to a multi-year term with the company providing Smart City Kisoks. The rate of technology change has accelerated and solutions four years old look archaic and antiquated. Some of the services offered through kiosks could be better served by mobile applications on personal smart devices.
8. Users Resent Being Watched
Kiosks were discussed at recent Berkeley City Council meetings where several members expressed concerns about privacy issues. Many kiosks are equipped with cameras and sensors that can monitor people walking by and take photos via photo booth-type apps. In response to public outcry, the council edited its agreement with IKE Smart City to turn off the cameras but decided to keep the kiosks’ people counting feature. IKE Smart City managing director, Chris Greene, testified to the City Council that no personal data would be collected from the public and any information collected on kiosk users will be anonymous.