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R-4740 CA RLK :is : cam 4-21-76 . RESOLUTION NO. 4740(CCS) (City Counc~l Ser~es) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMEND- ING SECTION 5 OF RESOLUTION NU~BER 28l2(CCS} PERTAINING TO FEES FOR CO~~ERCIAL STILL AND MOTION PICTURE FILMING ON CITY O\\'NED PROPERTY. CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That Sectlon 5 of Resolutlon Number 2812(CCS) be and hereby ~s amended to read as follows: Section 5. P~ctures for cornmerClal purposes. A. The Department of PubllC Works shall lssue all perrnlts for the use of any C~ty progerty for any purposes. Applicatlons for such permits shall be made upon forms provlded by the Department of Publlc Works. Such permlts shall speclfy the locat~on to be used, the date(s} and tlme(s) for which such perm~t lS deslred and shall set forth such speclal condit~ons regard~ng the use of such perm~ts as the Director of Public Works shall, In his d~scretion, determ~ne, Such pe~~ts shall also set forth the fee or charge which 15 to be paid to the Clty at the time the permlt lS lssued. Each permlt shall spec~fy that no reference shall be made by dialogue or plcture to the Santa Monlca Police De9artment, ltS offlcers or personnel, or to the City of Santa Monica, except as persons famlliar w~th the communlty mlght recognlze the locale. -1- CA RLK:SIS:cam 4-21-76 - .. B. Fees. The schedule of fees to be charged for the lssuance of a permlt for the fllmlng of commercial rnotlon plctures, commercial telev~s~on f~l~s, or commerclal st~ll photography on C~ty property, for each day or portlon thereof are hereby established as follows: Fees for all stlll photography $100 Fees for commercial motion picture and tele~vlsion f~lmlng $400 $100 Fees for educational films C. Fees for use of Clty personnel. For any locat~on or area the use of which occaSlon special dlfficulty or expense to the C~ty, thereby requirlng the use of C~ty personnel in any capaclty ~n connectlon wlth such comrnerclal filmlng or photography, and for the use of Clty personnel for general ass~stance, supervision, or other purposes for such f~lming or photography, an additlonal charge shall be made against and payable by the permlttee at the rate of Fifteen Dollars ($15) per hour per employee. D. Penalty fees. Notw~thstandlng any other prov~s~on in this resolution, no fllm~ng of commerc~al motion pictures, comrnerc~al televis~on fllms, or commercial still photography on City property shall be inst~tuted by any perm~t holder in any resldentlal nelghborhood of the City after 10:00 o'clock p,m. In additlon to any other penalties provlded by law, ln the event that a perm~ttee or other person v~olates the prov~slons of thlS subsection, an addlt~onal fee shall be charged as follows: -2- CA RLK:SlS:cam 4--21-76 ~ - An addltlonal charge for an add~t~onal day of commerc~al filmlng $400 An addltional charge for an add~tional day of educatlonal fllm~ng $100 A penalty fee TOTAL $400 $800 $400 $500 E. Insurance. Each permlt shall conta1n a statement that the permittee holds the C1ty harmless from any and all l~abll~ty for personal lnJury and property damage arls~ng out of the use of the permlt and the use of C~ty property and facl1ltles. In addltlon, each perm~tted, as a cond~t1on of the lssuance of a perm1t, shall flrst prov1de publlC llabll~ty lnsurance nam~ng the Clty of Santa Monica, 1ts agents, servants and employees as cO-lnsureds, ~n amounts of not less than One Hundred Thousand Dollars ($100,000) bodlly inJury insurance for anyone person, Three Hundred Thousand Dollars ($300,000) bod11y lnJury 1nsurance for any one acc1dent, and property damage insurance ~n an amount not less than Flfty Thousand Dollars ($50,000) per occurrence. Such certlficate of lnsurance shall be furnished to the Dlrector of Public ,.lorks and shall further contain a .provis1on that notice 1n wr~tlng 1S to be provlded to the D~rector of Public Works withln thlrty (30) days prlor to cancellat10n of such POllCY. F. The Director of PubllC Works, upon application for a perm1t, shall review the same, and may seek the adVlce of such other C1ty departments as may be affected by the requested filmlng or photgraphy actlvities prlor to lssuance of such a permlt. If the Director of Publlc Works flnds that the lssuance of such a perm~t would constitute -3- CA RLK :a: cam 4-21-76 . a hazard to the welfare of the communlty or ltS cltlzens or, pose a threat to public safety, or endanger lives or property, he may refuse to lssue the permlt appl1ed for. G. Students and non-proflt organlzatlons. A permit, as provlded for herein, must be obtalned by students or non-proflt organizat1ons prlor to engaglng in the actlvl- tleS described hereln, but no fee shall be requlred of the same therefore. Students shall supply a wrltten certlflcate from the school of their attendance WhlCh shall state that they are bona flde and currently enrolled students of such school. Non-profit organlzations shall supply a certiflcate statlng that they are exempt and classlfled as non-profit under federal and state taxlng statutes. H. Educat10nal fllms. For the purposes of thlS resolution an educatlonal fllm shall be one which provldes instructlon, espeClally for students, ultlmately Ilm1ted to classroom use, and a film for WhlCh no admlsslon charges wlll be made. The Dlrector of PubllC Works shall have dlscretion hereunder to determlne, pursuant to this sub- sectlon, whether the obJect of a permlt appllcatlon lS for cornmerclal or for educatlonal fllming. I. The prov1sions of this resolutlon shall not apply to the Santa Mon1ca C1Vlc Audltorlum, and fees for the use thereof shall otherwise be set. SECTION 2, The Clty Clerk shall certlfy to the adopt1on of thlS resolution, and thenceforth and thereafter the same shall be ln full force and effect. ADOPTED and APPROVED this 11th day of ,. .April _, 1976. -4- CA RLK:.:cam 4-21-76 . /14%~ 1~ Mayor .. ATTEST: ~. / ' ,Itc-A/v'Vc.QE" c0 9i-<-..t;:(' Cl ty Clerk! I hereby certify that the foregoing resolution was duly adopted by the Clty Councll of the Clty of Santa Mon1ca at a regular meet1ng thereof, helc on the 27th day of April , 1976, by the following vote of the Councll: AYES: Councllmember: Cohen, Judson, McCloskey, Reed, Swink, van den Steenhoven, Trives NOES: Councllmember: None ABSENT: Councllmember: None j / /~ ~L--JPL~_L4q-' Ci ty CleD" APPROVED AS TO FORM: Clty Attorney -5-