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SR-9-A (39) EPWM CP JLA FILM Council Meeting December 8, 1998 i2vJo ofF 93VG C'cS qA DEe - 8 . Santa Monrca, Callfornra TO Mayor and City Council FROM City Staff SUBJECT Recommendation to Revise EXisting Film Permit Resolution to Establish Granting of Waiver Process for Filming In Commercial Areas DUring the Holiday Season INTRODUCTION ThiS report recommends that Council adopt the attached resolutIon revIsing the eXlstmg film permit resolution to allow granting of a waiver for filming In commercIal areas of the City dUring the holIday season by the Director of the EnVironmental and Public Works Management Department DISCUSSION Presently the regulations for filming In the City prohIbit all filming In commercial areas between the day before ThanksgiVing and the day after New Years At the City Council heanng of November 24th, 1998 Council directed staff to develop a method for grantIng a waiver for filming dunng the Holidays If certain conditions were met Staff recommends that the Director of the EnVironmental and Public Works Management Department or his/her deSignee be allowed to waive the Holiday restnctlon If there IS no slgmficant Impact on the City's public nght-af-way and no Impact on public parking In commercial areas 1 qA DEe - 8 .. The attached resolution, page 5, Section 3, contams the revised language which would allow such waivers to be granted dUring the Holidays It IS Important to note that such waivers will be granted only when all criteria are met FISCAL/BUDGET IMPACT There IS no significant financial or budget Impact associated with this staff report RECOMMENDATION Staff recommends that City Council adopt the revIsions to the Film Permit Resolution as described m the attached resolution Prepared by Craig Perkms, Director of Environmental and Public Works Management Department Joan L Akms, Administrative Services Officer Attachment FIlm Fee Resolution 2 F \EPVVM\ADMIN\WPDOCS\ST AFFRPT\film City Council Meeting 12-8-98 Santa MOnica, California RESOLUTION NUMBER 9346CCS (City Council Senes) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGULATING THE COMMERCIAL FILMING OF CI1Y PROPERTY AND REPEALING RESOLUTION NUMBER 8410 (eCS) THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS SECTION 1 PICTURES FOR COMMERCIAL PURPOSES A. The Department of Environmental and Public Works Management (EPWM) shall Issue all permits for the use of any City property for commercial filming Commercial filming shall be defined as motion picture and televISion productions of any type whatsoever Including senals, videos, commercial advertisements, off-news productions and shall also apply to stili photography for the same purposes Student, educational and non- profit filming shall also be governed by thIs resolution No commercial filming shall be accomplished Without first obtaining the appropnate permits and approvals as defined herein B. Applications for required permits shall be made upon forms provided by the Department of EPWM The permits shall specrfy the location to be used, the date(s) and tlme(s) for which the permit IS desired and any special conditions regarding the use of the permits as the Director of EPWM or his/her designate shall, at his/her discretion, 1 determine Required permits shall set forth the fee or charge which IS to be paid to the City at the time the permit IS Issued C Each permIt shall specify that no reference shall be made by dialogue or picture to the Santa Monica Police Department, Its officers or personnel, or to the City of Santa MOnica, except as persons familiar with the community might recogmze the locale SECTION 2 FEES AND ASSOCIATED CHARGES A FEES Fees to be charged for the Issuance of a film permit for each calendar day or portion thereof are hereby established as follows. PERMIT FEE USE FEE TOTAL FEE AIRPORT Motion $250 $750 $1 ,000 Stili 100 400 500 LEASEHOLD PROPERTY Motion 250 250 500 Still 100 100 200 SANTA MONICA Motion DOWNTOWN Intenor Only 250 250 500 DISTRICT (Includes each setup or teardown day) Intenor 250 500 750 (With extenor reqUirements) Extenor 250 750 1,000 (Half-day shoots on The Third StreetPromenade, up to 6 hours, Including teardown) Extenor 250 1,500 1,750 (Promenade and District street filming, allows multiple location filming) Stili Intenor Extenor 100 100 250 500 350 600 2 PERMIT FEE USE FEE TOTAL FEE SANTA MONICA Student, Non-profit, Educational DOWNTOWN Intenor 100 250 350 DISTRICT Extenor 100 750 850 (continued) BEACHES Motion 250 500 750 Stili 100 100 200 CITY HALL Motion* Interior 2,500 0 2,500 Exterior 1,500 0 1,500 Still** Interior 1,000 0 1,000 Exterior 500 0 500 * Requires an additional $25,000 security deposit **ReqUlres an additional $1,000 secunty deposit PARKS Motion 750 0 750 Stili 200 0 200 PIERI Motion 250 1,000 1,250 CAROUSEL Stili 100 250 350 EducatlonaVPublic SeNlce Announcements Motion 100 500 600 Equipment Only 250 500 750 415 PACIFIC COAST HIGHWAY Motion Stili 250 2,000 - 3,500* 100 350 - 2,500* *Use fee Will be determined by the location coordinator, which Will depend on the location, amount of rooms used, duration of filming and other factors. STUDENTI Motion & Stili NON-PROFITI EDUCATIONAL 100 o 100 3 PERMIT FEE USE FEE TOTAL FEE ALL OTHER LOCA TrONS Motion Stili 500 200 o o 500 200 SCHEDULE CHANGES $50 for each scheduled day change requested by the permittee B ASSOCIATED CHARGES 1 Charqes for After Hours Use of Non-Sworn City Personnel The use of any location or area which causes special difficulty or expense to the City, thereby requmng the use of non-sworn City personnel (I e , other than police and fire personnel) In any capacity In connection with such commercial filming or photography, and for the use of City personnel for general aSsistance, supervision, or other purposes for such filming or photography outside of regular work hours, a per hour charge of two times the overtime salary for each employee for a minimum of four (4) hours shall be paid by the permittee to the City 2 Penalty Fees In the event a permittee or other person violates the proVISions of Section 3, SpeCial PrOVISions, relating to allowable hours of filming actiVity, said actIVIty Will be immediately stopped and penalty fees shall be charged as follows An additional charge for an additional day of commercial filming as noted in Section 2, Fees Penalty fee for commercial motion picture and televiSion filming $500 Penalty fee for commercial stili photograph $200 Penalty fee for educational filming, student filmIng or filming by a non-profit organization $100 4 SECTION 3 SPECIAL PROVISIONS A The follOWing are special provIsions for filmmg within certaIn areas In the City 1 Airport No aircraft shall be brought to the Santa Momca MUnicipal Airport for commercial filmmg purposes unless It complies Wlth the 95 decIbel maximum nOIse limIt established by the Santa Monica City Council Any aIrcraft used for thiS purpose must be approved by the Airport Manager 2. City Hall Interior shooting shall only be allowed on non-workdays or after 6 p m. on workdays upon approval by the City Manager. 3 Commercial Areas No filming shall be allowed In commercial areas from the day before Thanksgiving to January 2. This restriction may be waived by the Director of EPWM or his/her designate If In his/her determination there Will be no significant use of the public right-of-way (i e., streets, Sidewalks, alleys) and no use of public parking In the commercial areas. In addition, If there IS any residence located Within 250 feet of the proposed filmmg Site, filming may only take place between the hours of 8 a m and 10 P m 4 Residential Areas Filming In any residential neIghborhood of the City shall only be allowed between the hours of B a m and 10 p.m 8 INSURANCE Each permit shall contain a statement that the permittee holds the City harmless from any and all liability for personal InJury and property damage arising out of 5 - the use of the permit and the use of City property and facIlities In addition, as a condition of the Issuance of a permit, the permIttee shall first provide public liability Insurance naming the City of Santa Monica, Its City Council, boards and commiSSions, officers, agents, employees as cO-Insureds, In amounts of not less than a combined single-limit polley With aggregate limits as determined by the City'S Risk Management Division and required by that office In an amount of not less than $1,000,000 The certificate of insurance shall be furnished to the Director of EPWM or his/her deSignate and shall further contain a proviSIon that notice In wntlng IS to be provided to the Director of EPWM or his/her deSignate within thirty (30) days pnor to cancellation of the policy C DENIAL OF PERMIT The Director of EPWM or his/her deSignate, upon application for a permit, shall review it, and may seek the advice of other City departments as may be affected by the requested filming or photography activities prior to Issuance of permit. If the Director or hislher deSignate finds that the Issuance of a permit would constitute a hazard to the welfare of the community or Its citizens, pose a threat to public safety, endanger lives or property, or unreasonably disrupt, Impede or block any public street, sidewalk or nght-ot- way, he or she may refuse to Issue the permit. D STUDENTS AND NON-PROFIT ORGANIZATIONS Students shall supply a written certIficate from the school they attend which shall state that they are bona-fide, currently enrolled students of the school Non-profit orgamzatlons shall supply a certificate stating that they are exempt and claSSified as non- profit under federal and state taxmg statutes 6 -- E EDUCA TJONAL FILMS For the purposes of this Resolution, an educational film shall be one whIch provides Instruction, especially for students, ultImately limited to classroom use, and for which no admission charge for viewing It will be made. The Director of EPWM or his/her designate shall have discretion hereunder to determine, pursuant to this subsection, whether the object of a permit application IS for commercial or for educational filming F The provIsions of this Resolution shall not apply to the Santa MOnica CIVIC AuditOrium SECTION 4 Resolution Number 8410 (CCS) IS hereby repealed SECTION 5 The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be In full force and effect APPROVED AS TO FORM. "1J/J/JJ~.~'-/}111 J. -L ~~SHAJONfJ MOU;:~~ Cl'~ Attorney 7 ~- ~ F \EPWM\ADMIN\WPDOCS\STAFFRPT\film City Council Meeting 12-8-98 Santa MOnica, California RESOLUTION NUMBER 9346CCS (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGULATING THE COMMERCIAL FILMING OF CITY PROPERTY AND REPEALING RESOLUTION NUMBER 8410 (ees) THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS SECTION 1 PICTURES FOR COMMERCIAL PURPOSES A The Department of Environmental and Public Works Management (EPWM) shall Issue all permits for the use of any CIty property for commercial filming Commercial filming shall be defined as motion picture and teleVIsion productions of any type whatsoever Includmg senals, VIdeos, commercIal advertIsements, off-news productions and shall also apply to stIli photography for the same purposes Student, educational and non- profit filming shall also be governed by thiS resolutlon No commercial filming shall be accomplished without first obtaIning the appropriate permits and approvals as defined herem B Applications for required permits shall be made upon forms proVided by the Department of EPWM The permits shall specify the location to be used, the date(s) and tlme(s) for which the permit IS desIred and any special conditions regarding the use ofthe permits as the Director of EPWM or his/her designate shall, at his/her dIscretion. 1 f determine Required permits shall set forth the fee or charge which IS to be paid to the City at the time the permIt IS Issued C Each permit shall specIfy that no reference shall be made by dialogue or picture to the Santa MOnica Police Department, Its officers or personnel, or to the City of Santa MOnica, except as persons familiar WIth the community might recognize the locale SECTION 2 FEES AND ASSOCIATED CHARGES A FEES Fees to be charged for the Issuance of a film permit for each calendar day or portion thereof are hereby established as follows PERMIT FEE USE FEE TOTAL FEE AIRPORT Motion $250 $750 $1,000 Stili 100 400 500 LEASEHOLD PROPERTY Motion 250 250 500 StIli 100 100 200 SANTA MONICA MotIon DOWNTOWN Interior Only 250 250 500 DISTRICT (Includes each setup or teardown day) Intenor 250 500 750 (With exterior requirements) Exterror 250 750 1,000 (Half-day shoots on The Third StreetPromenade, up to 6 hours, mcludln9 teardown) Extenor 250 1,500 1,750 (Promenade and Dlstrrct street filming, allows multiple locatIon filming) Stili I nterror Extenor 100 100 250 500 350 600 2 . , PERMIT FEE USE FEE TOTAL FEE SANTA MONICA Student, Non-profit, Educational DOWNTOWN I nterror 100 250 350 DISTRICT Exterro r 100 750 850 (contmued) BEACHES Motion 250 500 750 Stili 100 100 200 CITY HALL Motlon* I ntenor 2,500 0 2,500 Extenor 1,500 0 1,500 Stlll** Interior 1,000 0 1,000 Extenor 500 0 500 * ReqUires an addItional $25,000 security depOSIt **Requlres an additIonal $1,000 security depOSit PARKS Motion Still 750 200 o o 750 200 PIERI CAROUSEL Motion Stlll 250 100 1,000 250 1,250 350 Educational/Public Service Announcements Motion 100 500 600 EqUipment Only 250 500 750 415 PACIFIC COAST HIGHWAY Motion Still 250 2,000 - 3,500* 100 350 - 2,500* *Use fee Will be determined by the location coordinator, which Will depend on the location, amount of rooms used, duration of filmmg and other factors STUDENTI Motion & Stili NON-PROFITI eDUCA TIONAL 100 o 100 3 PERMIT FEE USE FEE TOTAL FEE ALL OTHER LOCA liONS Motion Stili 500 200 o o 500 200 SCHEDULE CHANGES $50 for each scheduled day change requested by the permittee B ASSOCIATED CHARGES 1 Charqes for After Hours Use of Non-Sworn City Personnel The use of any location or area whIch causes special difficulty or expense to the City, thereby reqUiring the use of non-sworn City personnel (I e ,otherthan police and fire personnel) In any capacity In connection With such commercial filmIng or photography, and forthe use of City personnel for general aSSistance, supervisIon. or other purposes for such filming or photography outside of regular work hours, a per hour charge of two times the overtIme salary for each employee for a minimum of four (4) hours shall be paid by the permittee to the City 2 Penaltv Fees In the event a permittee or other person Violates the proVIsions of Section 3, Special ProviSions, relating to allowable hours of filming activity, saId activity WIll be Immediately stopped and penalty fees shall be charged as follows An additIOnal charge for an additional day of commercial filming as noted In Section 2. Fees Penalty fee for commercial motion pIcture and teleVISion filming $500 Penalty fee for commercial stIli photograph $200 Penalty fee for educational filmmg, student filming or filming by a non-profit organizatIon $100 4 k , SECTION 3 SPECIAL PROVISIONS A The following are special provIsions for filming WithIn certain areas In the City 1 Airport No aIrcraft shall be brought to the Santa Monica MunIcipal AIrport for commercial filming purposes unless It complies With the 95 decIbel maximum nOise limit established by the Santa Monica City Council Any aircraft used for thiS purpose must be approved by the AIrport Manager 2 City Hall I ntenor shooting shall only be allowed on non-workdays or after 6 p m on workdays upon approval by the City Manager 3 Commercial Areas No filming shall be allowed m commercIal areas from the day before Thanksgiving to January 2 ThiS restnctlon may be waived by the Director of EPWM or hIs/her designate If In his/her determination there Will be no significant use of tbe public nght-of-way (I e , streets, Sidewalks, alleys) and no use of public parkIng m the commerCial areas I n addition, If there IS any resIdence located WithIn 250 feet of the proposed filmmg Site, filming may only take place between the hours of 8 a m and 10 P m 4 ResIdentIal Areas , Fllmmg In any residentIal neighborhood of the City shall only be allowed between the hours of 8 a m and 10 P m B INSURANCE Each permit shall contain a statement that the permittee holds the City harmless from any and all liability for personal mJury and property damage arlsmg out of 5 the use of the permit and the use of City property and facIlities In addItion, as a condition of the Issuance of a permit, the permIttee shall first provide public lIabllrty msurance namIng the City of Santa Monica, Its CIty Council, boards and commiSSions, officers, agents, employees as cO-Insureds, In amounts of not less than a combined single-limit polrcy with aggregate hmlts as determmed by the CIty'S RIsk Management DIvIsion and reqUIred by that office In an amount of not less than $1,000,000 The certificate of msurance shall be furnished to the DIrector of EPWM or his/her designate and shall further contain a provIsion that notIce In writIng IS to be provided to the Director of EPWM or his/her designate wlthm thirty (30) days prior to cancellation of the policy C DENIAL OF PERMIT The Director of EPWM or his/her designate, upon application for a permit, shall review It, and may seek the adVice of other City departments as may be affected by the requested filmmg or photography actiVities pnor to Issuance of permit If the DIrector or his/her desIgnate finds that the Issuance of a permit would constitute a hazard to the welfare of the community or ItS Citizens, pose a threat to public safety, endanger lives or property, or unreasonably disrupt, Impede or block any publiC street, SIdewalk or rlght-of- way, he or she may refuse to Issue the permit D STUDENTS AND NON-PROFIT ORGANIZATIONS Students shall supply a wntten certificate from the school they attend which shall state that they are bona-fide. currently enrolled students of the school. Non-profit organizations shall supply a certificate stating that they are exempt and classified as non- profit under federal and state taxing statutes 6 " E EDUCATIONAL FILMS For the purposes of thIs ResolutIon, an educational film shall be one which provides Instruction, especIally for students, ultimately limIted to classroom use, and for which no admission charge for viewIng It Will be made The Director of EPWM or his/her designate shall have discretion hereunder to determme, pursuant to thIS subsection, whether the object of a permIt application IS for commercial or for educational filming F The provIsions of thiS Resolution shall not apply to the Santa MOnica CIVIC AuditOrium SECTION 4 Resolution Number 8410 (CCS) IS hereby repealed SECTION 5 The City Clerk shall certl'fy to the adoption of thiS Resolution, and thenceforth and thereafter the same shall be In full force and effect APPROVED AS TO FORM ~/l.\ ~-!, /~N0 'iJJ~/jL M.L)RSH-A JON..:j MOUTR~. u CI~ Attorney 7 , Adopted and approved this 8th of December, 1998 \. l(:t11Yut- --- Pfm O'Connor. Mayor I I. Mana M Stewart, City Clerk of the City of Santa MOnica. do hereby certify that the foregoing Resolution 9346 (CCS) was duly adopted at a meeting of the Santa Monrca City Council held on the 8th of December. 1998 by the following vote Ayes Councllmembers Feinstein. Genser, Holbrook, McKeown, O'Connor, Rosenstem Noes Councllmembers None Abstain Councllmembers None Absent Councllmembers None ATTEST '-- ~~l~ \. Marla M Stewart, City Clerk