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R-9346 . . F \EPWM\ADM IN\WPDOCS\ST AFFRPl\film City Council Meetmg 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 CITY PROPERTY AND REPEALING RESOLUTION NUMBER 8410 (CCS) 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 filmmg shall also be governed by thiS resolution No commercial filming shall be accomphshed without first obtammg lhe appropriate 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 specify the location to be used, the date(s) and time(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 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 DOWNTOWN DISTRICT Motion Intenor Only 250 250 (Includes each setup or teardown day) Interior 250 500 (With extenor reqUirements) 500 750 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 Dlstnct street filming, allows mu\tlp\e location filming) Stili I nteno r Exterior 100 100 250 500 350 600 2 . . PERMIT FEE USE FEE TOTAL FEE SANTA MONICA Student, Non-profit, Educational DOWNTOWN I ntenor 100 250 350 DISTRICT Exterior 100 750 850 (continued) BEACHES Motion 250 500 750 Stili 100 100 200 CITY HALL Motion* I ntenor 2,500 0 2,500 Extenor 1,500 0 1,500 Stlll** Intenor 1,000 0 1,000 Extenor 500 0 500 * Requires an additional $25,000 security deposit **ReqUlres an additional $1,000 secunty deposit PARKS Motion Stili 750 200 o o 750 200 PIERI CAROUSEL Motion Stili 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 Stili 250 100 2,000 - 3,500* 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 LOCATIONS Motion Still 500 200 o o 500 200 SCHEDULE CHANGES $50 for each scheduled day change requested by the permittee B ASSOCIATED CHARGES 1. Charges 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 , other than police and fire personnel) In any capacity In connection With such commercial filmmg 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 filmmg 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 filming within certain areas In the City 1 Airport No aircraft shall be brought to the Santa MOnica MUnicipal Airport for commercial filmmg 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 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 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 the public nght-of-way (Le , 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 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 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 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 nammg the City of Santa Monica, Its City Council, boards and commiSSions, officers, agents, employees as cO-Insureds, In amounts of not less than a combmed single-limit policy With aggregate limits as determined by the City's Risk Management DIVISion and required by that office m 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 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 prior 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 nght-of- way, he or she may refuse to Issue the permit D STUDENTS AND NON-PROFIT ORGAN IZA TIONS 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 organizations shall supply a certificate statmg 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 I 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 Momca CIVIC Audltonum 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/J11 A..4, )r~N<;--f}JA J. ~ L ~~SHA JON.fj MOU;:~~J CI\: Attorney 7 . . Adopted and approved this 8th of December, 1998 ~r-~ p~m O'Connor, Mayor 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 meetmg of the Santa MOnica City Council held on the 8th of December, 1998 by the follOWing vote Ayes Councllmembers Feinstein, Genser, Holbrook, McKeown, O'Connor, Rosenstein Noes Councllmembers None Abstain Councllmembers None Absent Councllmembers None ATTEST ..... ~ '\.., f'='>.~ Mana M Stewart, City Clerk