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