City of Sacramento
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File ID: 2023-01380 12/5/2023 Discussion Item 14.
Outdoor Interactive Digital Media Display (Digital Kiosk) Policy - Ordinance and Resolution (M23-001)
File ID: 2023-01380
Location: Citywide
Recommendation: 1) Determine the Project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15303 and 15311; 2) adopt an Ordinance adding digital kiosks to Title 15 of the Sacramento City Code; and 3) adopt a Resolution providing guidelines for a future procurement process.
Contact: Jamie Mosler, Associate Planner, (916) 808-7875, [email protected]; Kevin Colin, Principal Planner, (916) 808-5260, [email protected], Community Development Department
Presenter: Jamie Mosler, Associate Planner, (916) 808-7875, [email protected], Community Development Department
Attachments:
1-Description/Analysis
2-Ordinance - Redline
3-Ordinance - Clean
4-Resolution
Description/Analysis
Issue Detail: The Law & Legislation Committee log includes an item for consideration of an outdoor interactive digital media display, or digital kiosk, policy, which would include amendments to City Code Chapter 15.148 (Signs). A consultant (Third Plateau) was selected to support staff in responding to the Committee’s direction in two phases. Phase 1 consisted of Best Practices Research and Phase 2 consisted of Community Outreach.
The Law and Legislation Committee reviewed the Best Practices Research at their meeting on March 21, 2023, and the Community Outreach Findings, Ordinance and Resolution on October 3, 2023. The Ordinance adds digital kiosks to City Code as a permissible sign type and the Resolution incorporates committee direction and insights from community outreach to guide and streamline a
File ID: 2023-01380 12/5/2023 Discussion Item 14.
subsequent procurement process. The Committee made a motion forwarding the Ordinance and Resolution to City Council for adoption and provided comments pertaining to cameras and electric vehicle (EV) charging.
Ordinance
The Sacramento City Code does not presently provide for digital kiosks. Where present in other cities, these signage types are privately owned yet placed in the public right-of-way (when permitted by local code) through a license agreement. The proposed ordinance would define digital kiosks and specify they are located on public property pursuant to an agreement with the City and one or more public or private entities. As a response to concerns raised by community members about advertisements and safety, the ordinance would allow the city manager or designee to set advertising standards and limit displayed content for aesthetics and traffic safety. Further guidance for advertisements is also provided in the resolution.
Resolution
Presuming City Council adoption of the ordinance, 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. The Resolution incorporates Committee direction and insights from community outreach to guide and streamline a subsequent procurement process.
The Resolution outlines desired and undesired features for digital kiosks based on community input.
Additionally, the Resolution distinguishes that, while digital kiosks may display general advertisements, it should be subordinate and not overshadow the community-desired functionalities.
The Resolution also emphasizes digital kiosks must be inclusive by supporting multiple languages, maintaining accessibility, and reflect the unique neighborhood they are located within. Addressing concerns related to upkeep, the Resolution places the responsibility of maintenance on the provider.
Based on direction from the Committee, the Resolution also includes cameras as a desired feature for security purposes, subject to privacy policies.
Community outreach to date indicates interest in a continuing dialogue about digital kiosk placement and opportunities for training to understand the included features. The Resolution also requires community meetings with advance notice to property owners and occupants within a 500-foot radius of each potential kiosk location. To assist the community with better understanding digital kiosks, the notice is required to include an image of the kiosk, a comprehensive description, instructions for use, and what features can be utilized.
Policy Considerations: Digital kiosks support the following General plan policy:
ED 1.1.3 Economic Development Partnerships. The City shall partner with economic development
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organizations and businesses to improve and advance Sacramento’s economic development climate.
Economic Impacts: Digital kiosks may display general advertising, local business information, and directions and navigation to support wayfinding and promote economic activity within the City.
Environmental Considerations: The Project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15303 and 15311. CEQA Guidelines section 15303 exempts a class of projects (Class 3) consisting of construction and location of limited numbers of new, small facilities, or structures. Similarly, CEQA Guidelines section 15311 exempts a class of projects (Class 11) consisting of construction, or placement of minor structures accessory to existing commercial, industrial, or institutional facilities, including but not limited to on-premises signs or small parking lots. None of the exceptions listed in CEQA Guidelines Section 15300.2 would apply and prevent the use of these exemptions, as the Project would not locate digital kiosks in a sensitive environment, damage scenic resources, be located on a hazardous waste site, or cause a substantial adverse change in the significance of a historic resource.
Sustainability: Not applicable.
Commission/Committee Action: At their meeting on October 3, 2023, the Law and Legislation Committee passed a motion to forward a recommendation of approval to the City Council with comments on the following potential digital kiosk features (see Agenda <https://sacramento.granicus.com/GeneratedAgendaViewer.php?view_id=25&clip_id=5698> or Watch Video <https://sacramento.granicus.com/player/clip/5698? view_id=25&redirect=true&h=0554d5214088a4ff55ecfb359dbd020b>):
1. Cameras: The Committee directed staff to revise the Resolution to include cameras as a desired feature for security purposes, but subject to policies pertaining to privacy, surveillance, security, and data collection.
In response to the Committee’s direction, staff revised the Resolution adding cameras to the list of desired features subject to a data collection policy which keeps data collected private and secure. The Resolution also states technology that stores personal information from mobile devices is a feature that is not desired. It is anticipated there will be further discussions with providers regarding cameras and privacy policies during the procurement process.
2. EV Charging
: The motion passed by the Committee directed the City Manager to consider (during procurement) the possibility of integrating EV charging with digital kiosks. Sacramento City Code has existing provisions for EV charging and the Public Works Department has piloted some curbside EV charging pilots where chargers have been installed in the public right of way.
File ID: 2023-01380 12/5/2023 Discussion Item 14.
Sacramento City Code Section 15.148.600.G pertains to allowed signage on publicly available EV chargers located on City property. These charging stations may have sponsorship signage; however, this is only allowable under an agreement with the City and general advertising may not be displayed.
Public Works launched the first curbside EV charging pilot in May 2019 through a public- private partnership focused on fast chargers in the right-of-way. The selected provider chose not to include sponsorship signage. In the past, a vendor had proposed installation of Level 2 charging infrastructure in the public right-of-way that recovered expenses through sponsorship signage, but these vendors ultimately did not respond to the request for proposal for the pilot program.
Public Works staff is evaluating the pilot program for the purposes of developing updated policy for EV charging in the right-of-way. The pilot efforts revealed numerous challenges and considerations with installation of this infrastructure, including compliance with Americans with Disabilities Act (ADA) requirements, availability of adequate electrical supply, protection of street trees, as well as requirements for parking restrictions and enforcement to limit uses for EV charging only. Since EV infrastructure includes many additional locational factors, staff recommends that EV infrastructure be considered separately and managed through processes administered by the Public Works Department. For these reasons, the proposed Resolution concerning procurement provides for the consideration of EV charging to the extent it does not interfere with on-going efforts to establish a citywide program.
Rationale for Recommendation: Staff recommends the City Council approve the ordinance and resolution. Sacramento City Code does not presently provide for digital kiosks. The proposed ordinance adds digital kiosks as a permitted sign type located on public property pursuant to an agreement between the City and one or more entities. The proposed resolution would streamline the future procurement process. Digital kiosks support the City Council’s goals to broaden access to City services.
Financial Considerations: The potential financial considerations 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.
Local Business Enterprise (LBE): Not applicable.
Background: The Sacramento 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
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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, social services), off-site general commercial advertising, and public transportation schedules. Commonly, these signage types are privately owned yet placed in the public right-of-way (when permitted by local code) through a license agreement.
Prior Law and Legislation 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). 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
· November 15, 2022
: The Committee received a status update that the staff lead for this item was transferred from the Public Works Department to the Zoning Administration Section of the Community Development Department. Due to staffing vacancies, service delivery of the Zoning Administration Section narrowed (e.g., to provide for citywide permit application intake, cannabis permit processing), but a consultant (Third Plateau) was selected to support staff on responding to the Committee’s direction.
The consultant’s work started on October 28, 2022. Staff shared the consultant’s findings would be brought back to the Committee in March 2023.
· March 21, 2023
: The Committee received a status update that Phase 1 of the consultant’s work, consisting of Best Practices Research, had been completed, and that Phase 2 consisting of Community Outreach, was currently in progress. The consultant shared the Landscape Report that identified five major areas of potential community benefits for digital kiosks including:
o Community Messaging: Posting city events and announcements as well as community resource information;
o Digital Inclusion: Expanding internet access and providing more technology resources;
File ID: 2023-01380 12/5/2023 Discussion Item 14.
o Economic Development: Making the city more friendly to visitors and helping drive business to local restaurants, stores, and attractions; o Public Safety: Emergency notifications, call functionality to emergency services, etc.; and
o Transportation and Wayfinding: Real-time public transit information, maps, navigation, and direction tools.
Staff shared they would return to the Committee once community outreach concluded with a draft ordinance for the Committee to consider.
· October 3, 2023: The Committee reviewed the Community Outreach Findings, Ordinance, and Resolution. Community Outreach consisted of one-on-one interviews, focus groups, and a community survey. Key takeaways from the outreach include the following:
o Generally, most community members saw some potential for digital kiosks to benefit Sacramento, while also raising questions about feasibility and sustainability. o Community members were most interested in event information, Wi-Fi, public transportation information, directions and navigation, area business information, and emergency call functionality as potential digital kiosk features. o Concerns raised most by community members included maintenance, duplicative technology, advertisements, privacy, power consumption, and structural limitations.
The Committee passed a motion recommending approval of the Ordinance and Resolution to City Council, while also providing comments pertaining to cameras and intersections with EV charging.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTIONS 15.148.600 AND 15.148.1170 OF THE
SACRAMENTO CITY CODE, RELATING TO DIGITAL KIOSKS
B
E IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
S
ECTION 1.
The City Council finds and determines as follows:
A. Digital kiosks can provide information about the community to its residents, visitors, and commuters; and promote events, local tourism, and activities and programs that benefit the city.
B. This ordinance does not create any limited, designated, or general public forum. Rather, digital kiosks allowed by this ordinance are nonpublic forums subject to any limitations imposed by the city.
SECTION 2.
A. Subsection H is hereby added to section 15.148.600 of the Sacramento City Code to read as follows:
H. Digital kiosks. Digital kiosks located on public property pursuant to an agreement between the city and one or more public or private entities.
1. D igital kiosks shall be primarily used to convey information about the community to its residents and visitors. The city manager or designee may authorize advertising that is secondary and subordinate to the primary purpose. The city manager or designee may set advertising standards to be applied uniformly to the advertising authorized on digital kiosks.
2. T he city manager or designee may limit displayed content for aesthetics and traffic safety. These limitations may include but are not limited to display size, type, brightness, and frequency of change of display.
B. Except as amended by subsection A above, all provisions of section 15.48.600 remain unchanged and in full effect.
2 SECTION 3.
A. A definition of “digital kiosk” is hereby added to section 15.148.1170 of the Sacramento City Code to read as follows:
“Digital kiosk” means a fixed, free-standing structure that uses digital display technology to convey information to the public.
B. Except as amended by subsection A above, all provisions of section 15.148.1170 remain unchanged and in full effect.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTIONS 15.148.600 AND 15.148.1170 OF THE
SACRAMENTO CITY CODE, RELATING TO DIGITAL KIOSKS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
The City Council finds and determines as follows:
A. Digital kiosks can provide information about the community to its residents, visitors, and commuters; and promote events, local tourism, and activities and programs that benefit the city.
B. This ordinance does not create any limited, designated, or general public forum. Rather, digital kiosks allowed by this ordinance are nonpublic forums subject to any limitations imposed by the city.
SECTION 2.
A. Subsection H is hereby added to section 15.148.600 of the Sacramento City Code to read as follows:
H. Digital kiosks. Digital kiosks located on public property pursuant to an agreement between the city and one or more public or private entities.
1. Digital kiosks shall be primarily used to convey information about the community to its residents and visitors. The city manager or designee may authorize advertising that is secondary and subordinate to the primary purpose. The city manager or designee may set advertising standards to be applied uniformly to the advertising authorized on digital kiosks.
2. The city manager or designee may limit displayed content for aesthetics and traffic safety. These limitations may include but are not limited to display size, type, brightness, and frequency of change of display.
B. Except as amended by subsection A above, all provisions of section 15.48.600 remain unchanged and in full effect.
2 SECTION 3.
A. A definition of “digital kiosk” is hereby added to section 15.148.1170 of the Sacramento City Code to read as follows:
“Digital kiosk” means a fixed, free-standing structure that uses digital display technology to convey information to the public.
B. Except as amended by subsection A above, all provisions of section 15.148.1170 remain unchanged and in full effect.
RESOLUTION NO.
Adopted by the Sacramento City Council
, 2023
GUIDELINES FOR THE PROCUREMENT OF DIGITAL KIOSKS
A. The City Council’s Law and Legislation Committee directed City staff to research best practices related to digital wayfinding kiosks (“digital kiosks”) and prepare an amendment to the City Code to enable their installation.
B. Digital kiosks are structures including digital display technology that are installed on city property and primarily convey information about the community and are oriented to pedestrians.
C. After adoption of City Code amendments, it is anticipated that a procurement process will seek to identify a separate entity that will install and maintain digital kiosks on City property (“Providers”).
D. Concurrent with City Code amendment adoption, this resolution is passed to ensure Providers are appraised of the City Council’s expectations before submitting a proposal in response to a procurement solicitation and thereby avoiding uncertainty or ambiguity on the services requested therein.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council hereby directs the City Manager to apply the following guidelines related to the procurement and installation of digital kiosks:
a) The procurement process shall be competitive and in compliance with city purchasing policies; and
b) The agreement(s) for digital kiosks shall be revenue positive for the City of Sacramento; and
c) The following features are requested and desired to be provided to the public free of charge on or through digital kiosks to the extent possible:
i. Community event information; and
ii. Wi-Fi; and
iii. Public transportation information; and
iv. Directions and navigation; and
v. Local business information, including advertising for said businesses; and
vi. Emergency call functionality; and
vii. Air quality monitoring; and
viii. Consideration of an electric vehicle (EV) charging aspect (i.e., vehicles, bikes, and scooters) to the extent it does not interfere with efforts to establish a citywide program for EV- charging;
ix. Any cameras used are subject to a data collection policy which keeps data collected private and secure.
d) The following feature is not desired and shall be excluded from digital kiosks:
i. Technology that stores the personal information derived from mobile devices from the public generally
e) Digital kiosks may display general advertising, but it shall be secondary and subordinate to the features described above. Each Digital Kiosk agreement shall include quantitative metric(s) for fulfilling this provision and the City Manager shall maintain records demonstrating compliance with this provision; and
f) Digital kiosks should be multi-lingual, accessible, and reflect the neighborhood they are located within; and
g) Maintenance of the digital kiosks shall be the responsibility of the Provider. Digital kiosks shall include contact information for persons to report damage, vandalism, or inappropriate content displayed by an unauthorized user to the vendor so that timely repairs may be made; and
h) Prior to installing one or more digital kiosks, at least one community meeting shall occur with prior notice being provided to all property owners, occupants, and business owners within a 500-foot radius of each kiosk. Notices shall also include an image of what the digital kiosk looks like, a description of what the digital kiosk is, how to use the kiosk, and what features are included.