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SR-211-008 (4) . ,~ , .~ J. ;.' ~ {,--~ JAM 2 8 1981 ;2/ /~OCJ~ AP'HED'T.JS:mh CIty CouncIl Meet~ne 1/28/86 Santa MonIca. CalIfornIa TO: Mayor and CIty CouncIl FROM: CIty Staff SUBJECT: RecommendatIon to Adopt ResolutIon EstablIshIng Fees for CommercIal MotIon Plctur~ and Television FIlmIng at Santa MonIca AIrport IntroductIon ThIS report recommends that the CIty CounCIl adopt a use fee for fIlmIng activltles at Santa MonIca AIrport. Backeround Currently the Clty charges a $400 DermIt fee for companIes wishIng to fIlm In the CIty of Santa MonIca. The permit fee IS based upon processIng costs and not upon a charge for the use of CIty property A separate use fe~ IS charged for fIlmIng on the Santa MonIca PIer. About 20 IndIvidual motIon pIcture or teleVIsion productions are fIlm~rl at th~ AIrpOrt each year. There were two productIons In December 1985 and three In November 1985. for example Such productIons reqUIre constant oversIght by on-duty AIrport staff and present an addltlonal admInIstratIve burden to staff In arranelng for the productIon's use of AIrport faCIlItIes. StaffIng costs alone are estImated at $300 for admInIstratIve personnel and $200-$400 for field staff dependIng on the SIze of the shoot. 6 --'~ JAN 2 8 i986 . . In addItIon. the use of the Airport for filming presents an InconvenIence to businesses and pIlots at the Alrport~ all of whom pay for the privilege of utlllZlne Alrport land. Taxiways and parking spaces are Al rport Dl rec tor rece I ve s sometImes blocked. As a result the two to three complaInts from Al rport users after each fIlm productIon. The AIrport IS operated as an enterprlse by the CIty. Users of the AIrnort are expected to bear the cost burden for the Alrport through tIe down fees, vehicle parkIng. land and offIce lease and rental and landing fees. CommercIal film producers are the only busIne~s operators that are regularly granted substantlal use of AIrport facIlItIes at no charge. It would thus appear reasonable to reqUIre some user charge for fIlming actIvItIes at the Airport. Staff surveyed other area aIrports to determIne whether user charges were assessert for filmIng actIVItIes. Van Nuys: Hawthorne and Torrance AIrports all assessed a user fee In addItion to the Citv permIt fee. Fees vary widely between the three airport s . For examp 1 e a ",ma 11 crew WI th two camera. two vehicles and five people filmIng for one day at Torrence Alrport would be charged $554. Such charges are generally based upon the amount of equlpment and people brought onto the Al rport. For admInIstratlve SImplICIty. however. staff IS recommendlng a s:tngle charge of $600 per day of fIlming at the Alrport. ThIS charge would be in addltlon to the eXIstlng $400 permit fee char~ed by the General SerVlces DepartmenL -2- . . Bud2et/FinanCIal Imoaet The proposed commerc 1 a 1 f Ilml nil fee 1 s est 1ma ted to 1 ncrease AIrport revenues by $7200 annually, based on an estImate of 12 commercIal film productIons a year. RecommendatIons It IS respectfully recommended that th~ Council: 1. Adopt a resolutIon amending Resolution 6807(CCS) to Implement the propo~ed fee schedule. 2. Increase revenue estImates for AIrport-Mise Revenue Account Number 33-932-216-000-000 to $39: 700 (January through June 1986). Prepared by' Hank Dittmar. AIrport Director Llnda Sullivan. SenIor Administrative Analyst -3- BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY CfERK'S ACTION DISTRIBUTION OF RESOLUTION # '71 Vs-- ORDINANCE # %:1 /,/;> {, C-~ #0 VOTE = Affirmative = C - 0 Negative" ~~~~ Abstain: ,- Absent: ~ ~ PROOF VOTE~ ~rTH AKOTHER PERSON BEFORE ANYTHING DISTKIBuTIO~: ORIGINAL ~o be signed, sealed and flIed ln Vault. "'; (l ...... ~ -..l ...... 11 .r. ~ .J ::::: -l :J ... :> u > -! 1) ,) 1) .. ~ ::;l ... .... >-, 1) .... ..... .... :> ~ ~ , .... ~ is .... ..... ~ ;j 1) J Il 1) ::I ~ 1) ... 1) ,) -! i-l I-t :;l 11 >. 11 .... ..... ... :;l ~ t-l < >. ~ r-I , -' +-l o t':l +-' l-< dl .c o 0::: " . . l_ CounclI Meetlng Date Introduced: Agenda Item If Adopted: Ail'WfS PUBLISH AOOPI'ED ORDINANCES* *Cross out Attorney's approval Was lt amended? NEWSPAPER PUBLICATION (Date: ) ) Department orlginatlng staff report ( ~anagement Ser~~~e? Lynne Barrette urdinances only ~ Agency mentloned in document or staff report (certifled?) Subject fIle (agenda packet) 1 Counter file 1 Others: , AIrport r Parking ~. AudIto:i:um Personnel Building Dept. Planning Cu.mllll1i ty and Econauic Dev. FInance Police (en- forcement?) Purchaslng Recr/Parks . Fire General Servo Library Transportatlon Treasurer " Manager 1 ; SEND FOUR. COPIES OF ALL ORDINANCES TO: COD~D SYSTDfS, Attn Peter- :.]ac1"earie 12_0 ro-faln r~T~et ~ AV~~l ~~w Jersey_Oi717_ , r I SEND FOUR COPIES OF AU. ORDT~ANrf:c:, ~TO: D~oxa "1vrlck SA~TA ~ONICA MUNICIPAL COURT :725 MAIN STREET, Room 118 SANTA :vWNICA, CA 90401 *Check COde Sections before seniling. TOTAL COPIES 3 . . AP:HED:LJS:mh Santa Monica: California Resolution Number 7145 (CCS) (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 \ L FOLLOWS: SECTION 1. Pictures For Commercial Purooses. A. The Department of General Services shall issue all perrtll t s f or the use 0 f any Cl ty proper ty for any purpose s. Appllcatlons for such permits shall be made upon forms provided by the Department of General Services. Such permIts shall specify the location to be used: the date(s) and time(s) for WhlCh such permit is desIred and shall set forth such specIal conditions regarding the use of such permits as the Director of General Servlces shall, in his or her discretlon: 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 lssued. Each permlt shall specify that no reference shall be made by dialouge or picture to the Santa Monica Police Department. lts offIcers or personnel, or to the CIty of Santa Monica: except as persons fam~llar with the community might recognlze the locale . . B. Fees. The schedule of fees to be charged for the issuance of a permit for the filming of commercial motion pictures. commercial television films, or commercial still photography on City property, for each day aT' portion thereof are hereby establIshed as follows: Fees for all stlll photography $ 100 Fees for commercial motion plcture $ 400 and television filmlng Fees for educatlonal fllms $ 100 c. Fees for use of City personnel. For any location or area the use of which occasion speclal difficulty or expense to the C1ty. thereby requiring the use of City personnel in any capacity in connect 10n wi th such commerc ia I filming or photography, and for the use of City personnel for general assistance, superVision, or other purposes for such f11ming or photography, an addltional charge shall be made against and payable by the permlttee at the rate of Flfteen Dollars ($IS) per hour per employee D Penalty fees. Notwlthstanding any other provis10n in ~ thls resOlutlon. i. no fllmlng of commerclal motion pictures, commerc1al televlS10n films, or commerCial stl11 photography on City property shall be instituted by any permit holder 1n any residential ne1ghborhood of the City after 10:00 o'clock p.m. In add! t 10n to any other pena 1 t 1e s provided by law, in the event -2- . . that a permittee or other person violates the provisions of this subsectIon. an additional fee shall be charged as follows: An additional charge for an $ 400 additional day of commercial \ fIlmIng i L \ I An additional charge for an $ 100 addItIonal day of educational filmIng A penalty fee $ 4QQ $ 400 $ 500 TOTAL $ 800 E. 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 permitt.ee shall first prov1de public liab1lIty insurance namIng the C1.ty of Santa Monica. Its C1.ty Council. boards and commiSSIons, offIcers, agents. servants and employees as cO-Insureds. 1.0 amounts of not less than a combined single-lim1t POlICY with aggregate lImIts In the amount of $1.000.000. Such cert.Ificate of insurance shall be furnIshed to the DIrector of General SerVIces and shall further contain a proviSIon that notice in writing is to be prOVIded to the DIrector of General Services vnthin thirty (30) days prior to cancellatIon of such policy. -3- . . F. The Director of General Services: upon appIlcatlon for a permi t. sha 11 revi ew the same ~ and may seek the advice of such other City departments as may be affected by the requested fIlming or photography activitIes prior to issuance of such a permit. If the Director of General SerVIces f~nds that the lssuance of such a permit would constItute a hazard to the welfare of the community or 1t$ CItizens or. pose a threat to publ~c safety. or endanger l~ves or property~ he or she may refuse to issue the permIt applied for. G. Students and non-proflt organizations. A pemit, as provided for herein~ must be obtained by students or non-profit organizat1ons prior to en2321n2 in the ~ ~ ~ activities descr~bed hereint but no fee shall be required of the same therefore. Students shall supply a wrltten cert~ficate from the school of thelr attendance which shall state that they are bona fide and currently enrolled students of such school. Non-proflt organlzatlons shall supply a certIf1cate stating that they are exempt and claSSlfled as non-proflt under federal and state taXIng statutes. H EducatIonal fllms. For the purposes of thIS ResolutIon an educatIonal fllm shall be one whlch provldes instructIon. especlally for students. ultImately llmlted to classroom use. and a film for WhlCh no admission charges WIll be made. However I any educatlonal f11m as defined above. which is not made fot' the purpose of sale. lease or rental: and not so sold, leased or rented. shall be exempt from the $100 educational fee. The Dl ree tot" 0 f Gener a I Se t'vice s sha 11 have d i seret ion hereunder to -4- . . determIne. pursuant to this subsectIon. whether the object of a \ < , \ I permit applicatIon is for commercIal or for educational fIlmIng. T. The proviSIon of this ~esolution shall not apply to the Santa Monica CIvic Auditorium~ and fees for the use thereof shall otherwise be set. J. NotWIthstandIng any other provision of this ResolutIon, the schedule of fees to be charged for the issuance of a permIt for commercial the filming of commercial motion pIctures~ teleVIsion films~ commercial still photography. promotional or private parties on the Santa Monica PIer and the Carousel, both of which are CIty property~ for each day or portlon thereof are hereby established as follows: -5- . USE Commercial films' motion picture, television movies end seriAI1, video, commerciRI ads for products. off-news productions, etc. Commercial st1JJ~: photo- Brftph~r utilizing tripod and usually models or prod\Jct~. . Promotionals; commerciAl oriented, which promotes R product or ideR~ which are sold for a profit such as conventions, fashion shows. bOOK signing partie1. Non-profit orgRni7.ation~ students fverlficatlon~ requiredl. Commercial films: motion picture, teleVision movle~ and serials, video, rommercial ads for products, off-news productions, etc. Commercial stills' photogrllpher utilizing tripod and usually modAls or product1. I \ J Promotional~: commercial ori~ntRd, which promote~ ~ produ~t or ideAS which are sold For ~ profit ~uch AS conventions, fashion 1hows, book signing parties Private fAmily partIes: blrthdA?~, weddIngs, annIv@rsArie~. bar mitZVAhs, -tc For parties less than tW~nty-five persons** Non-profit or8anl~Atlons 5tudent~ Cverificetion~ t'...,u\ tad 1. (jENERAL P lER tlOOO 00 2~0.OO $ ;150.00 250.00 50 00 *1500 00 BO .00 t 2S0.00 50.00 CAROUSEL $1000.00 1500.00 20 00 250.00 $ \00 00 50 00 250 00 50 00 10.00 . r..r dAY pE'rmit 5Pcurlty rl~ro~lt pe r da v pe rm 1 ~ ~ecurity dpposit [group! gp~urJty ~~poglt 11ndividu~1 ('Ier day p..rmlt security deposit serurity rleposlt fg.roups) sf!curity .-Ie-posit {individualsl pBr day IpermitJ ppr dftY us~ deposit Itl00 00 per houri p..r hnur p~r oppr3tot' security deposit per day Ipe-rmitl per hour u~e fee. ~ecurity d.posit (groupl security dl'!po<;it (indfvidlla \ I per hour per oppr3tQr t. 500 00 pl'!r dllv !permitl 100 00 per hour us.. fe... 250 00 spcu ri tv deposit IBroupJ 20 00 per hour ppr operator $ 100.00 per event (p"'rmitJ 50 00 pi'!r flour usp f ..e",,1t 9 00 per hOllr per op"rAtor ;150.00 security depo<;tt t: 20 DO per hnur Ico:;t.. to run carou"'E'll."''' 250 00 "e('urlty depo'lit (groupl 50 00 security .-IApo'lit (individuall 9 00 per hour p"'r operAtor *Carousel not In operAtion *~~25 per hout' per edditional 25 parsons or any portions th.. r..of. ***Sl~ per hour charge if carousel not npeded in operation -6- ~ ~ \ \ . . K. Notwlthstanding any other provIsion of this Resolution: the schedule of fees to be charged for the issuance of a permIt , for the fi lming of commerclal motion pictures and commercial television films at Santa Monica Airport, which is City property, follows: for each day or portlon thereof are hereby established as SANTA MONICA AIRPORT USE FEE PER DAY CHARGE Co mm ere i a I f i 1 m i n gin c Iud i n g mot ion plcture and televlsin productions of any type whatsoever lncludlng serials. videos. commerCIal advertIsements and off-news productIons......... $600 Conditions No aIrcraft WIll be brought to Santa Monlca Alrport for commerCIal fllmlng purposes unless lt has been , approved by the Alrport DIrector as an aIrcraft that WIll not VIolate the 95 decibel maXlmum nOlse Ilmlt establlshed by the CIty Council of the CIty of Santa MonIca SECTION 2. 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: Robert M. Myers City Attorney . \ i -7- . . Adopted and approved this 28th day of January, 1986. e~!k k. ~ ~ Mayor I hereby certlfy that the foregoing Resolutlon No. 7145(CCS) was duly adopted by the City Councll of the Clty of Santa Monlca at a meetlng thereof held on January 28, 1986 by the followlng Council vote: Ayes: Councllmembers: Conn, Jennings, A. Katz, H. Katz, Zane and Mayor Reed Noes: Councilmembers: Epsteln Abstain: Councllmembers: None Absent: Councllmembers: None ATTEST: fJI2 ~2~r Asst. ~ Clerk.~ products. Promotionsls: commercial oriented, which promotes ft product aT ideft~ which are sold for a profit such 8S conventions, fashion shows, book signing parties. Non-profit org8nization~ students (verifications requiTed). Commercial films: motion picture, television movies and serials, video, commercial ads for products, off-news productions, etc. Commercial stills: photographer utilizing tripod and usually models OT products. Promotion.ls: commercial ori~nted, Which promotes 8 product or ideas which are sold for 8 profit such AS conventions, fashion shows, book signing parties. Private family parties: birthdays, weddings, anniversaries, bar mitzvahs, etc. For parties less than twenty-five persons**. Non-profit organizAtions students (verifications rl'!qut red} . 50.00 - . security deposit lindividual $lt;oO.OO 250.00 per day permit security deposit .$ 250.00 sec-urity d~posit (groups) SO.OO secuTity deposit (individualsl CAROUSEr., tlOOO.OO per day (permit) 11)00.00 per day use deposit Itl00.00 per hour) 20.00 per hour per opprator 2S0.00 security deposit $ 100.00 per day (permit) 50 00 per hour use fee* 250.00 security deposit (group} 50.00 security deposit (individual) 10.00 per hour per operator t 500.00 per day (permit) 100.00 per hour use fee 250.00 security deposit {groupl 20.00 per hour per operator .$ 100.00 per event (permit) 50.00 per hour use fee** 9.00 per hour per operator 250.00 security deposit S 20.00 per hour lcosts to t'Ufl C8t'OU9e>il*** 250.00 security deposit (groupl SO.OO security deposit (individual) 9.00 per hour per opetAtor *CArousel not in operation. **$25 per hour per additional 25 persons or any portions thf'treof. ***']4 per hour charge if carousel not needed in operation. -6-