AGENDA TITLE:
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Public Hearing to Consider Waiving the First Reading and Introducing an Ordinance to Enter a Development Agreement with Rogers Media Company (“Rogers Media”) to Install, Maintain, and Operate Electronic Message Signs on City Property (CD)
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MEETING DATE:
February 19, 2025
PREPARED BY:
Cynthia Marsh, Deputy Director / City Planner
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RECOMMENDED ACTION:
Public Hearing to Consider waiving the first reading and introducing an Ordinance to enter a development agreement with Rogers Media to install, maintain, and operate electronic message signs on City property.
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BACKGROUND INFORMATION:
In 2021, City Management was approached by private entities seeking to lease space from the City to construct and operate electronic message signs. The leases would provide revenue for the City in the amount of $25,000 per year, paid in advance, or 25% of the net advertising income of the two signs, whichever is greater as well as provide an opportunity for the City to display its own community service and emergency messages on the signs, interspersed between the commercial messages.
To enable this opportunity in Lodi, proposed regulations for these “Community Electronic Message Signs” were drafted by Planning staff and the City Attorney’s office. In summary, the code amendment:
• Created a new type of sign, to be placed on City-owned property only
• Allowed these signs to include an electronic message board
• Allowed ground-mounted, pole-mounted, and building-mounted signs
• Established maximum size and brightness standards for these signs
• Allowed these signs to display commercial messages for off-site businesses or activities
• Required a conditional use permit (approved by the Planning Commission)
• Required site plan and architectural review (by the SPARC)
The proposed changes were presented to the Planning Commission on May 25, 2022, at which time the Commission voted to recommend that the City Council amend the Zoning Code to include the updated regulations.
On June 15, 2022, the City Council approved the changes at a public hearing, to adopt an ordinance amending Lodi Municipal Code Title 17 - Development Code to add LMC Section 17.34.070(H) to allow and regulate Community Electronic Message Signs on City-owned facilities.
The City desires to partner with a contractor to locate two programmable electronic message signs (“signs”) on City-owned properties near public streets as sources of revenue for both the City and the contractor. The City will provide sites that are visible from roadways with high traffic levels. For providing the sites, the City will receive a portion of the advertising revenue from the signs and also a certain amount of display time on a no fee basis for City events and public information messages. The signs could also be used to assist the public during emergencies. The contractor will install, maintain and operate the signs. The signs will be pole signs and located at:
• Northeast corner of East Harney Lane/South Hutchens Street (single-sided sign)
• City Animal Shelter at 1345 West Kettleman Lane (double-sided sign)
The signs will require a conditional use permit from the Planning Commission and review by the Site Plan and Architectural Review Committee (SPARC).
On March 18, 2024, staff released a Request for Proposal (RFP) through the City’s Bid Postings website, with a response deadline of April 1, 2024. Companies that have an interested in responding to bids sign up for e-mail or text notifications when new bids are posted online. Staff received phone calls from three potential bidders, however two of the potential bidders chose not to bid due to the small size of the signs causing limitations on advertising revenue. Staff ultimately received one proposal and determined that the proposal met the requirements as delineated in the RFP. The successful candidate is Rogers Media Company (“Rogers Media”), an outdoor advertising company with existing outdoor signage within the City of Lodi. The company has been in business for 25 years and provided electronic signs since 2017. Rogers Media initially approached the City in 2022 for a revenue sharing opportunity from electronic signs on City property. Rogers Media also identified sites that will have maximum visibility to heavily traveled roadways. However, the Lodi Municipal Code (“LMC”) at that time did not allow electronic signs on City property. As stated above, in 2022, the City approved an ordinance that amended the LMC to allow electronic signs on City property. The ordinance also established development and operational standards for the signs.
The proposed sites for the signs are among those that Rogers Media initially identified. The proposed sign at the northeast corner of East Harney Lane/South Hutchens Street will be in compliance with the LMC standards (Section 17.34.070.H) for electronic message signs on City property. The proposed sign at the Animal Shelter will not be compliant because its sign support width will be less than what is required by Section 17.34.070. However, staff determined that an administrative deviation would be appropriate due to special circumstances. Rogers Media’s original proposal was to have a one-sided sign at the Animal Shelter along West Kettleman Lane and another one-sided sign at the West Kettleman Lane/Westgate Drive intersection. Due to neighborhood opposition to the second sign, Roger’s Media decided to withdraw its plans for this sign and make the sign at the Animal Shelter a two-way sign. This requires the sign to have three sides (triangle sign) for maximum visibility from the roadway. To make the sign look like it is “floating,” Rogers Media proposes to have a 9-inch-wide pole support for the triangle sign. After reviewing a photo simulation of the triangle sign supported by the pole, staff determined that this would be a more visually attractive alternative to using a wider sign support. Staff is contemplating removing the minimum sign support width requirement from the LMC.
Staff prepared a development agreement (“D.A.”) that will be signed by the Rogers Media Company and the City after Rogers Media attains the required planning entitlements.
Lodi Municipal Code Section 17.44.030 requires Council to hold a public hearing to consider D.A.s following review by the Planning Commission. The Council may accept, modify or disapprove the recommendation of the Planning Commission. The Council shall not approve the D.A. unless it finds that the provisions of the agreement are consistent with the General Plan, which is the case here. If the council approves the D.A., it must do so by the adoption of an ordinance, as attached here. After the ordinance approving the development agreement takes effect, the City may enter into the agreement.
STRATEGIC VISION:
3B. Fiscal Health: Diversified revenue mix to reflect economic prosperity of the community.
FISCAL IMPACT:
The proposed electronic message signs will provide revenue for the City’s General Fund.
FUNDING AVAILABLE:
Not applicable.
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John Della Monica
Community Development Director
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Scott R. Carney
City Manager