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SR-9-B (48) . CJ-B . M~v · -., ~ ~i''1 I I ~ t,; :~;,;;I.. GS:SES:CP:JLA:RG:FILMPOLI.2 Santa Monica, California Council Meeting: May 12, 1992 TO: Mayor and City Council FROM: city staff SUBJECT: Recommendat1on to Revise Existing Film Permit Fees and Add New Film Permit Fees INTRODUCTION This report recommends that council adopt the attached resolution to increase eXlst1ng City film1ng fees and add new filming fees and related charges. BACKGROUND Due to 1ts attractive location adjacent to the Santa Monica Bay; having appealing attractions such as the Pier, Airport, Palisades Park and unique business districts; and its close proximity to the film industry, the city of Santa Monica has become the second most popular location for filming in California after the city of Los Angeles. As a result, the Clty has 1ssued a substantial number of permits for filming, which has significantly increased over the last few years. During FY 1990-91, the City issued permits for a total of 1121 days of filming and still photography. This translated into a 218 percent increase over the 515 permits issued in FY 1988-89, only two years earller. 1 q-B MAY I .' CJ -L _J .....o.:L --- - - - > Over the years, the city has established procedures to administer and coordinate filming activities throughout the city. This activity has included centralizing the film permitting and coordination function within the Administrative Division of the General Services Department to expedite permitting efforts. The services provlded include, but are not limited to, disseminating information about city procedures, services and fees; reviewing proposals, locations and issuing permits and permit amendments; coordinating between departments for sign-offs and information; providing follow-up and enforcement; and coordinating and processing complaints from residents, business persons and the film industry to resolution. As filming activities have substantially increased in a relatively short period of time, so have the problems associated with these activities. These problems include addressing and mitigating undesirable parking and traffic impacts and other concerns over how to better control the potential community disruption caused by constant filming activity. Generally, these problems have required the city to upgrade its staff and processes to effectively administer the substantial workload caused by the increase in filming activity. Filming should be considered a special activity and, as such, city servlces and admlnistration must be compensated fully and should not be subsidized by taxpayer funds. Furthermore, fees should also 2 --- ------- - - - - -- -- -- - - reflect charges similar to other cities and for actual use of public property consistent with existing City policy. Given this background, it is staff's position that the fees charged for filming should be reviewed and adopted in a comprehensive fashion to provide reasonable revenue to the city to cover associated administrative costs, to compensate for use of public property and for the disruption caused to the community_ CURRENT FILM FEES Currently, the City charges fllmmakers a permit fee for motion picture filmlng and still photography, and charges a separate "use" fee for filming at certain specific locations. These charges are levied on a per day basis. PERMIT FEES The existing film permit fees are based in part on administrative and processing costs to the city, which include the costs of staff salaries, supplies and overhead. In addition, the permit fees are compensation to the city for the use of public property, which taxpayers have improved and maintained with tax funds and other revenue sources. These improved areas include streets, alleys, sidewalks, parks, and government buildings that are used in filming activity. It 1S important to note that charging for the use of public property is similar to fees charged to construction companies for the use of city property for staglng vehicles and equipment as 3 - ~ - well as rental of parking areas and parking meters. The film permlt fee for motion plcture or television filming in Santa Monica, which has been in effect since 1976, (although slightly modified in 1984), is $400 per day. The daily permit fee for still photography is $100 per day. These fees are deposited in a General Fund revenue account. This fee is charged whether the filming takes place on city streets, the beach, parks or other public places. A reduced film permit fee is charged for filming at certain specific and unique locations including the Airport, pier and 415 Pacific Coast Highway. Filming at these locations are required to pay a $100 permit fee per day for motion filming and $50 per day for still photography. The reduced permit fees for these locations are charged to compensate the city for costs associated with administration and issuance of the permit, and are reduced since filmmakers using these areas are required to pay an additional user fee to the appropriate administrative agencies, as discussed below. USE FEE A use fee is charged for the use of unique filming locations that are desirable to the industry for location shooting, inCluding the Airport, Bayside Business District (Third street Promenade), Pier and 415 Pacific Coast Highway. This fee was established to compensate for use of these areas, which have required a large 4 investment of funds to improve and require special maintenance costs. In addition, the charges are levied to cover administrative costs for the agencies that regulate filming and other activities in those specific locations. The followlng information summarizes the current daily rates for filming in Santa Monica: MOTION STILL AIRPORT - Permit Fees - $100 $ 50 Use Fees - 600 100 TOTAL $700 $150 BAYSIDE - Permlt Fees - $400 $100 BUSINESS Use Fees - 250-1,500* 250-500* DISTRICT TOTAL - $650-1,900* $350-600* *Fees depend on anticipated impact on businesses and residents in the District. PIER - Permit Fees - $100 $ 50 Use Fees - 1000 250 TOTAL $1100 $300 415 - Permit Fees - $100 $ 50 PACIFIC Use Fees - 2,000-3,500* 350-2,500* COAST HIGHWAY TOTAL - $2,100-3,600* $400-2,550* *Fees depend on the location, number of rooms used, time and other factors. ALL - Permit Fees - $400 $100 OTHER LOCATIONS 5 All of these daily rates are based on calendar days, which is defined as a 24 hour period beg1nning at 12 midnight and ending at 11:59 p.m. Any filming taking place within that time period would be charged a daily fee. For example, if filming in a commercial area began at 8 p.m. on one day and lasted until 2 a.m. the next day, fees for two days would be charged. STUDENT, NON-PROFIT, AND EDUCATIONAL FILMING FEES At this time there is no permit charge for student filming as long as verification is provided from the educational institution and there is liability insurance on file. Non-profit organizations are also exempt from permit fees. Educational film productions are charged only $100 per day to fllm. REVENUES In FY 1990-91, the City received a total of $312,198 in film permit revenues. Of this amount, $244,912 went to the General Fund, $54,886 was generated for the pier Fund and $12,400 for the Airport Fund. This revenue accounts for money derived from permit and use fees only, and does not take into consideration personnel (such as Police and Flre Department staff) , parking or other revenues generated in conjunction with filming activities. The attached Table I provides a summary of the number of permits issued for various locations in the City and the related revenue generated for FY 90-9l. 6 FEE COMPARISONS In order to gauge the City's fee levels, a survey of other Jurisdictions. fees for filming was conducted. The survey included surrounding cities, neighboring beach cities and other cities of comparable size. The fees charged vary widely, but it appears that cities that are desirable locations to filmmakers due to their having unique features do charge higher fees. cities in this category include Beverly Hills and the beach cities along the coast. In most cases, the other jurisdictions charge a one-time application fee per shoot and a daily permit fee, whereas Santa Monica does not charge an application fee, but requires the payment of a daily permit fee. other jurisdictions charge special use fees for filming at specific desirable locations, WhlCh is similar to Santa Monica.s fee structure. Santa Monica's present permit fee of $400 per day for motion filming is less than the cities of Manhattan Beach ($1,500), Beverly Hills ($855), Hermosa Beach ($733),and Pasadena ($612) . It is the same as the City of Glendale and Los Angeles County. It is more than the cities of Los Angeles ($300) and Redondo Beach ($342) although Redondo Beach charges a one time registration fee of $1,000 per filmmaker. Regarding use fees, different cities charge additional or larger fees to allow filming at special locations that are attractive to 7 ------------ - --- ----------- filmmakers as does the City of Santa Monica. For example, the city of Beverly Hills charges $2,150 per day for filming the exterior of their city Hall and filming in city parks. The City of Glendale charges $10 per hour in addition to the $400 film permit fee and $150 application fee to film in city parks, wh~le the City of Pasadena charges $100 per hour to film the exterior of their City Hall plus the da~ly permit fee of $612. By comparison, the City of Santa Monica has charged $1,500 per day to film in City Hall and charges the $400 permit fee per day to film in city parks. Although the fees vary from jurisdiction to jurisdiction, the City' s proposed fee increases will be comparable to fees charged for sim~lar types of filming elsewhere. The attached Table II contains this information as well as current and proposed fees for Santa Mon~ca. PROPOSED FEE REVISIONS Based on the information provided in this report, it is recommended that the city Film Permit fees, Use fees and ancillary fees be upgraded or established as follows and as detailed in the attached Table III. No changes are proposed for staff requirements for location superv~sion including sworn (public safety) and non-sworn personnel. 8 PERMIT FEES 1. PERMIT FEE - CITY PROPERTY - Increase the City film permit fee for motion picture or television filming from $400 to $500 per day and increase the still photography permit fee from $100 to $200 per day. This would apply to areas that are not considered special use locations as discussed in the following section. 2. PERMIT FEES - SPECIAL USE LOCATIONS - Standardize the permit fee charged in conJunction with filming at the Airport, Bayside Business Dlstrict, Beaches, and 415 Pacific Coast Hlghway. This fee would be established at $250 per day for motlon filming and $100 per day for still photography. These fees are equivalent to one-half of the City permit fee as described in 1. 3 . PERMIT FEES - PARKS - Establish a daily film permit fee of $750 per day for motion filming in any City park, which would be an increase from the present permit fee of $400. still photography would be charged at the basic permit fee of $200 per day. 4. PERMIT FEES - CITY HALL - Establish new fees for filming of the exterior or interior of city Hall. Exterior filming of city Hall would be charged at $1,500 per day, and interior filming be charged at $2,500 per day. Commercial still photography permits for city Hall are proposed to be $500 for exterior shots and $1,000 for interior shots. A $25,000 refundable security deposit would also be required prior to lssuance of a permit for motion filming and a 9 $1,000 refundable security deposit for still photography. The permit fees are derived from evaluation of probable value to film companies using a unique and historical building while mitigating possible impact and damage while the activity is taking place. It is of concern that filming inside of City Hall does not interrupt normal course of business. Therefore, it is recommended that allowable filming times be limited to non-workdays or after 6 p.m., upon approval by the City Manager. All of the film permit fees noted ln this section would be deposited in the City's General Fund. USE FEES The proposed Use fees are outlined below: l. AIRPORT USE FEES - It is recommended that the Airport use fee be increased from $600 to $850 for motion filming. still photography on Airport property would continue to be assessed a use fee of $100 for basic still photography while a new use fee of $500 would be charged for still photography which requires special coordination and monitoring, as determined by the Airport Director. These fees would be deposited in the Airport Fund. In the past, the Clty and Airport Department have not consistently charged filmmakers for permits on leaseholds that are part of the 10 Airport property. It has been the experience of Airport personnel that any filming at the Airport may impact operations, parking, traffic c1rculation, safety and other airport users, tenants and businesses, whether directly or indirectly. Airport staff needs to review each proposed shoot with the film company to reduce impacts and mitigate potential problems, assist location managers with Airport property insurance and safety requirements and coordinate approvals with the city's permit office. It is therefore recommended that all filming on the airport property, including leaseholds, be charged the applicable Airport film fee. 2. BAYSIDE BUSINESS DISTRICT USE FEES - The Bayside District corporation would maintain the same use fee structure as at present, which includes a range of fees depending on the time and location of the f1lming (see attached Exhibit I for details) . Fees collected by the Bayside District are depos1ted in the District's account. 3 . BEACH USE FEES - New use fees for filming at the Santa Monica Beach would be established at $500 per day. still photography would be assessed a use fee of $100 per day. These fees would be deposited in the Beach Fund. Presently, all filming fees derived from beach filming are deposited strictly in the General Fund. In FY 90-91, the City issued 330 permits for filming on the beach and in beach parking lots, which is approximately 30 percent of all the filming that took place in that year. Approximately 100 of 11 STRE9192; street Resurfacing 1991-92 PRINT ASSESSMENT-NO 028 NAME MICHAEL D. NAGATA NAME-2 DEBORA G. NAGATA MAIL-STREET 2526 CALIFORNIA AVENUE MAIL-CITY-STATE SANTA MONICA, CA 90403 SITE-STREET 2526 CALIFORNIA AVENUE PARCEL-NO 4276-001-001 STR-RESURFACED GUTTER-INSTALLED TOTAL-ASSESSMENT IMPROVEMENT-NO 1 IMPROVEMENT-N02 PRINT ASSESSMENT-NO 029 NAME MONDO NAME-2 MAIL-STREET 900 WILSHIRE BL, SUITE 838 MAIL-CITY-STATE LOS ANGELES, CA 90017 SITE-STREET 3130 WILSHIRE BL PARCEL-NO 4267-002-025 ~ STR-RESURFACED GUTTER-INSTALLED TOTAL-ASSESSMENT IMPROVEMENT-NO 1 IMPROVEMENT-N02 PRINT ASSESSMENT-NO 030 NAME KAMA DEVELOPMENT L.P. NAME-2 MAIL-STREET 9741 BLACKGOLD ROAD MAIL-CITY-STATE LA JOLLA, CA 92037 SITE-STREET 144 PICO BOULEVARD PARCEL-NO 4289-020-004 STR-RESURFACED GUTTER-INSTALLED TOTAL-ASSESSMENT IMPROVEMENT-NO 1 IMPROVEMENT-NO 2 equipment only on the pier be implemented. The Use fees derived from filming at the Pier are deposited in the pier Fund. 5. 415 PACIFIC COAST HIGHWAY USE FEES - The Use fees would be established at their current levels. This includes charging from $2,000 to $3,500 for motion filming and $350 to $2,500 for still photography. The fees charged depend on the locatlon within the site being used, the number of rooms being used, the amount of time for filming and other factors. ADDITIONAL FEES 1- STUDENT/NON-PROFIT FILMING - In the past, the City has not charged student and non-profit filmmakers for their permits. However, processing and monitoring of these film permits often proves more time-consuming for City staff than motion picture permits due to the filmmakers' inexperience and lack of knowledge about the Clty'S filming requirements. Staff therefore recommends that nonprofit and student film makers be charged a nominal permit fee of $100 per day. 2. REVISION CHARGES - Schedullng changes are endemic to the film industry and lmpact City staff by requirlng frequent last minute revision of permits due to location or calendar changes, scheduling of police and flre personnel, and other related activities. staff recommends that a $50 charge be levied for each separate permit schedule change regardless of the type of project. Schedule changes 13 - --- - - which are requested or caused by the City or revised due to bad weather would be exempt from this charge. REVISIONS OF ASSOCIATED FILMING CHARGES Other proposed fee charges for activities related to filming are discussed hereafter. CALL BACK OF CITY PERSONNEL City personnel other than Police and Fire personnel are sometimes called back outside of regular work hours to assist in site management of film locations or enforcement of film permit requirements. Presently, the existing fee resolution provides that personnel be charged at $15 per hour in these circumstances. Obviously, salaries and costs have lncreased since this fee was enacted in 1976. It is therefore recommended that film permit-holders be charged twice the overtime salary for a minimum of four hours for off-hours assistance by non-sworn personnel. The City employee who is called back, at the discretion of the City Manager, appropriate Department Director or Division Manager, to help manage the film site would be paid their appropriate overtime rate for a minimum of four hours. The balance of the payment would be deposited in the City's General Fund to cover overhead and administrative costs. NO-PARKING SIGNS Under the State Vehicle Code, "No Parking" signs must be posted at 14 film locations which wish to rent on-street or off-street public parking spaces. These "No Parklng" signs must be posted 24 hours in advance of the filming activity. The filling-in and posting of "No Parking" signs, which are presently sold at $1. 00 per sign, are the responsibility of the permit holder to obtain, post and remove. Use of a metered parking space is charged an additional fee. To cover the actual cost of printing as well as follow up to the posting and removal of the signs, staff recommends the City charge a $3 per sign fee to film permit-holders who rent on-street parking spaces. This fee would help recover the costs to purchase of signs, assist ln filllng in the information on the sign, and removal of the signs once the authorized period has expired, if not accomplished by the film company. Revenues received from this posting fee would be deposited in the General Fund to offset the City1s costs for staff time, supplies and equipment. VIOLATION OF ALLOWABLE FILMING HOURS Regular filming hours in residential zones are 8:00 a.m. to 10:00 p.m. and no filming outside these hours are allowed. Violations of these restrictions do sometlmes occur due to support vehicles arriving prior to 8 a.m. or crews breaking down sets and packing up vehlcles after 10 p.m. Presently, the governing statute requires that a violator of the provision of no filming activity after 10 p.m. be required to pay for an addltional day of filming, which is presently $400, and a violation fee of $400, for a total of $800. 15 ---- ----- Violation of this statute by personnel filming an educational film is charged an additional day of fllming, or $100 and a violation fee of $400, for a total of $500. It is recommended that the penalty fee for commercial filming be an additional day of filming as recommended in this report, plus a violation charge equal to $500. Educational filming would be charged an extra filming day of $100 and violation fee of $500 for a total of $600. These fees are justified in that filming after hours 1S a disruption to the community and many times requires enforcement and follow up to complaints by the police and other city staff. CALIFORNIA FILM COMMISSION COMMENTS As part of an agreement with the state, a copy of the draft staff report was provided to the California Film Commlssion for their review and comment. They returned various comments with regard to the proposed fee revisions and policies, which are summarized as follows: l. In general, they were concerned with most, if not all of the fee increases, lncluding charging for student filming, as well as asking that the fees be consistent. In response, staff has made every attempt to include reasonable fees and be consistent with the proposed filming fees. 16 2. Additional concerns related to city instituted limitations on time for allowable filming, as well as concern with the definition of a filming day being a calender day rather than a 24 hour period. Staff's proposals contained in this report were made based on experience with filming activity. In establishing these policies, staff attempted to balance the needs of film permit applicants with the need to protect the community from unacceptable inconvenience. 3 . Several concerns were discussed regarding Bayside District filming pol1cies and how fees are dtermined. Again, these policies have been developed over time based on filming experience in this area and the impact on staff, services and the community. 4. The Film Commission sought clarification regarding existing and proposed policies and fees. Staff 1S in the process of providing the Commission w1th answers to various policy questions and will meet with the commission to further clarify their concerns. FISCAL/BUDGET IMPACT The proposed fee modifications will result in increased revenues for the General, Beach, Pier and Airport Funds. The projected fUll-year revenue impacts llsted on the following page are derived assuming a July I, 1992 effective date, and based on the same number of permitted filming days in FY 90-91: 17 -- Revenue Analysis By Fund (1) (2) (2)-(1) FY 90-91 with Estimated Actual Proposed Revenue Fund Fee Changes Increase (Decrease) ----------------------------------------------------- General Fund: Airport $ 2,200 $ 5,600 $ 3,400 Beaches 60,600 48,150 (12,450)* Parks 21,500 44,000 22,500 pier 6,250 16,250 10,000 Other 154,362 189,600 35,238 ------------------------------------------------------ Total GF 244,912 303,600 58,688 Airport Fund 12,400 19,400 7,000 Beach Fund NjA 70,700 70,700 Pier Fund 54,886 60,000 5,114 --------- --------- --------- city Total $312,198 $453,700 $141,502 *Offset by significant increase to Beach Fund Increases will be reflected in the proposed FY 1992-93 revenue totals for the General, Beach, pier and Airport Funds. RECOMMENDATION Staff recommends that City council adopt the film permit fees as described in the attached resolution. prepared by: Stanley Scholl, Director of General Services Craig Perkins, Admin/Environmental Services Manager Joan Akins, Sr. Adminlstrative Analyst Rlchard Gonzalez, Sr. Administrative Analyst Attachments Table I No. of Permits and Revenues - FY 90-91 Table II Film Fees Comparison Table III Current and Proposed Film Fees Exhibit I Bayside Dlstrict Corporation Filming Fees Resolution 18 . ~ABLE I NO. OF PERMITS AND REVENUES FY 90 - 91 LOCATION/ NO. TOTAL GENERAL OTHER FILMING OF FEES FUND FUND TYPE PERMITS ---------------------------------------------------------- CITY PROPERTY TV/Movie 259 $400 $103,600 Stills 131 100 13,100 Non-profit 2 0 0 Student 40 0 0 TOTAL 432 $116,700 AIRPORT TV/Movie 20 100 2,000 20 600 12,000 stills 4 50 200 4 100 400 Non-prof1.t 1 0 0 1 Student 1 0 0 TOTAL 26 $2,200 $12,400 BEACHES TV/Movie 101 400 40,400 stills 202 100 20,200 Non-profit 2 0 0 student 25 0 0 TOTAL 330 $60,600 PARKS TV/Movie 34 400 13,600 stills 79 100 7,900 Non-profit 3 0 0 Student 24 0 0 TOTAL 140 $21,500 19 - - - - - -- PIER TV/Movie 37 100 3,700 37 1,000 37,000 stills 51 50 2,550 51 250 12,750 Non-profit 4 0 0 0 Student 15 0 0 0 TOTAL 107 $6,250 $49,750 3RD STREET PROMENADE TV/Movie 69 400 27,600 Stills 10 100 1,000 Non-profit 3 0 0 Student 4 0 0 TOTAL 86 $28,600 FEE TOTAL $235,850 $62,150 MISC. CHARGES/PENALTY FEES 9,062 5,136 TOTAL 1,121 $244,912 $67,286 TOTAL REVENUE $312,198 20 TABLE II FILM FEES COMPARISON FOR MOTION FILMING Application Pernd t Total Fees For special Locations. Fee Fee (per shoot) (dally) Beach City Park Airport Hall HERMOSA $314 $733 $1047 $1047 $1047 nja BEACH MANHATTAN 50 1500 800 1550 1550 nja BEACH REDONDO 1000** 342 1342 1342 1342 nja BEACH BEVERLY none 855 n/a 2150 2150 nja HILLS BURBANK 100 0 nja 100 100 300-1200 (min) CULVER 45 330 nja 375 375 n/a CITY GLENDALE 150 400 nja 550 550 + nja 10/hr LOS ANGELES 160 300 460 460 460 $50 + (City) 30/hr LOS ANGELES 230 400 630 630 630 nja (County) PASADENA none 612 n/a 612 + 612 nja 100/hr SANTA MONICA none 400 400 400 400 600 (Existing) SANTA MONICA none 500 750 1500 ext 750 850 (proposed) 2500 int *For first filming day. Costs may decrease with additional days of filming ** This is a one-time registration fee per filmmaker 21 TABLE III CITY OF SANTA MONICA CURRENT AND PROPOSED DAILY FILM FEES Current Fees Proposed Fees *Permlt Use Total *Permit Use Total Fee Fee Fees Fee Fee Fees AIRPORT Motion $100 $600 $700 $250 $850 $1100 still 50 100 150 100 100 200 still** 100 500 600 - - - BAYS IDE Motion 400 Var Var 250 No No DISTRICT still 100 Var Var 100 Change Change BEACHES Motion 400 - 400 250 500 750 still 100 - 100 100 100 200 CITY Exterior HALL Motion - - - 1500 - 1500 Still - - - 500 - 500 Interior Motion - - - 2500 - 2500 Still - - - 1000 - 1000 PARKS Motion 400 - 400 750 - 750 still 100 - 100 200 - 200 PIER Motion 100 1000 1100 250 1000 1250 still 50 250 300 100 250 350 415 PCH Motlon 100 Var Var 250 Var Var stlll 50 Var Var 100 Var Var STUDENT/ Mot./still 0 0 0 100 - 100 NON/PROFIT EDUCATIONAL ALL Motlon 400 - 400 500 - 500 OTHER still 100 - 100 200 - 200 LOCATIONS *permit Fees are deposited in General Fund **Requires speclal coordination 22 EXHIBIT I THIRD STREET PROMENADE & BA YSIDE DISTRICT FIL~nSG FEE SCHEDULE All location fees are nonarefundable, except for rain/weather days, however, fees may be transferred to another District filming date. $250: Interior-only. no extenor shots. In vol ves mInimal Impact on the Dlstnct. Each setup or teardown day 10 the Dlstnct is also chan!ed this fee. '-' $500: Interior with exterior requirements. This fee Includes SItuatIons where the SIdewalk pedestnan traffic must be rerouted mto the streets and around the front of an Intenor-only fIlmmg SIte. ThIS fee Illcludes 5250 for an Intenor filmmg. $750: Halfaday shoots on the Promenade (up to 6 hours. mcludmg teardown) ThiS fee also mcludes Intenor-only shoots which have sIgmficant and unusual Impact on pedestnan or automobile traffIc. such as reroutmg pedestnans away from neighborIng busmesses' entryways or placmg a generator on the SIdewalk. Signatures from nelghbonng busmesses must be obtamed. $1500: Promenade and District street filming ThiS fee allows multIple locatIOns throughout the DIStrIct. Student, non-profit, and educational fil ms: 5250 llltenor 5750 extenor Still photography: 5250 Interior S500 extenor - GS:SES:CP:RG filmres2 Santa Monica, California Resolution Number (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PERTAINING TO PICTURES FOR COMMERCIAL PURPOSES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. PICTURES FOR COMMERCIAL PURPOSES A. The Department of General Services 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 serials, videos, commercial advertisements, off-news productions and shall also apply to still 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 appropriate permits and approvals as defined herein. B. Applications for such permits shall be made upon forms provided by the Department of General Services. Such permits shall specify the locat1on to be used, the dates(s) 1 and time(s) for which such permit is desired and shall set forth such special conditions regarding the use of such permits as the Director of General Services (or his/her designate) shall, in his/her discretion, determine. Such permits shall also set forth the fee or charge which is to be paid to the city at the time the permit is issued. Each permit shall specify that no reference shall be made by dialogue or picture to the Santa Monica Police Department, its offlcers or personnel, or to the city of Santa Monica, except as persons familiar with the community might recognize the locale. 2 . 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 USE TOTAL FEE FEE FEE AIRPORT Motion $250 $850 $1100 Still 100 100 $ 200 still 100 500* $ 600 *If special coordination is required. The Airport Director shall in his/her discretion determine whether the charge shall be $100 or $500 depending on personnel demands and equipment use. Fees shall also apply to airport leasehold property. BAYS IDE Motion DISTRICT Interior Only 250 250 $500 (Includes each setup or teardown day) Interior 250 500 $750 (With exterior requirements) Exterior 250 750 $1000 (Half-day shoots on the Promenade, up to 6 hours, including teardown) Exterior 250 1500 $1750 (Promenade and District street filming, allows multiple location filming) still Interior 100 250 $350 Exterior 100 500 $600 Student, Non-prof1.t, Educational Interior 100 250 $350 Exterior 100 750 $850 BEACHES Motion 250 500 $750 Still 100 100 $200 3 PERMIT USE TOTAL FEE FEE FEE CITY HALL Exterior Motion* 1500 0 $1500 still** 500 0 $ 500 Interior Motion* 2500 0 $2500 still** 1000 0 $1000 *Also requires $25,000 security deposit **Also requires $1,000 security deposit PARKS Motion 750 0 $ 750 still 200 0 $ 200 PIER/ Motlon 250 1000* $1250 CAROUSEL still 100 250 $ 350 Educational/Public Service Announcements Motion 100 500 $ 600 Equipment 250 500 $ 750 Only 415 PACIFIC Motion 250 2000 - 3500* COAST HWY still 100 350 - 2500* *Use fee will be determ1ned by the location coordinator, which will depend on the location, amount of rooms used, time and other fators. STUDENT/ Motion & 100 0 $ 100 NON-PROFIT/ still EDUCATIONAL ALL Motion 500 0 $ 500 OTHER still 200 0 $ 200 LOCATIONS SCHEDULE $50 for each schedule change requested by CHANGES the permittee 4 - B. ASSOCIATED CHARGES 1. Charges for After Hours Use of Non-Sworn City Personnel The use of any location or area which occasions special difficulty or expense to the city, thereby requiring 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 hours, shall be made against and payable by the permittee to the City. 2 . Penalty Fees In the event that a permittee or other person violates the provisions of Section 3 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 $500 picture and television filming Penalty fee for commercial still photography $200 Penalty fee for educational filming, student $100 filming or filming by a non-profit organization 5 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 Santa Monica 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 Director. 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. In addition, if there is any residence located within 250 feet of the proposed filming 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 8 a.m. and 10 p.m. 6 B. 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 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, servants and employees as co-insures, in amounts of not less than a combined single-limit policy with aggregate limits as determined by the City's Risk Management Division and required by that office in the amount not less than $1,000,000. Such certificate of insurance shall be furnished to the Director of General Services or his/her designate and shall further contain a provision that notice in writing is to be provided to the Director of General Services or his/her designate within thirty (30) days prior to cancellation of such policy. C. DENIAL OF PERMIT The Director of General Services or his/her designate, upon application for a permit, shall review the same, and may seek the advice of such other City departments as may be affected by the requested filming or photography activities prior to lssuance of such a permit. If the Director or his/her designate finds that the lssuance of such a permit would 7 - --- -- constitute a hazard to the welfare of the community or its cit~zens, pose a threat to public safety, endanger lives or property, or unreasonably disrupt, impede or block any public street, sidewalk or right of way, he or she may refuse to issue the permit applied for. D. STUDENTS AND NON-PROFIT ORGANIZATIONS Students shall supply a written certificate from the school of their attendance which shall state that they are bona-fide and currently enrolled students of such school. Nonprofit organizations shall supply a certificate stating that they are exempt and classified as nonprofit under federal and state taxing statutes. 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 a film for which no admission charges will be made. The Director of General Services 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 provision of this resolution shall not apply to the Santa Monica Civic Auditorium, and fees for the use 8 --- ---- - - . thereof shall otherwise be set. SECTION 4. CERTIFICATION 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: ~~~-O~ ROBERT M. MYERS City Attorney 4/28/92 9