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HomeMy WebLinkAbout03/16/2004, PH2 - FILM ORDINANCE, REGULATIONS AND FILM APPLICATION FEE council j acEnaa Repoin 1�N CITY OF SAN LUIS 0 B I S P 0 FROM: Paul Le Sage,Parks &Recreation Direct Prepared By: Linda Fitzgerald,Recreation Manager U SUBJECT: FILM ORDINANCE, REGULATIONS AND FILM APPLICATION FEE CAO RECOMMENDATION As recommended by the Parks and Recreation Commission: 1) Introduce an ordinance to print establishing filming regulations within the City of San Luis Obispo. 2) Adopt a resolution establishing the filming application fee at $70.00 for still photography and minor commercial filming ventures; $100.00 for major commercial ventures and$30.00 for non-profit and destination marketing organizations and include the fees in the City's Master Fee Schedule. 3) Adopt a resolution to approve regulations to implement the film ordinance and authorize the City Administrative Officer to make minor administrative changes in the regulations as long as they are intended to carry out the purpose of these regulations and will not have any significant policy impacts. DISCUSSION San Luis Obispo; with its pleasant climate, historical features and central location in California, is often chosen for filming and photography pursuits. Encouraging filming in San Luis Obispo has an economic benefit to local businesses and promotes tourism. Those activities can also be problematic with impacts to the community in street closures, traffic congestion, and inconveniences to residents and businesses. Commercial filming productions within the city limits of San Luis Obispo occur infrequently but can impact public services greatly. City services provided for these ventures can range from a simple request for permission to film on public property to major street closures requiring barricades and assistance from Police,Fire and Public Works. Most television commercials, still photography activities; videos and movies are filmed with little impact or effect to the community. A major motion picture production can utilize City staffing resources extensively to maintain public safety as well as affecting municipal and private properties and rights-of-way by limiting community access and adding to local traffic congestion. Each request is unique and Staff has found that even the best of plans do not always work out; flexibility is often a key to a successful filming activity. ars Council Agenda Report—Film Ordinance,Regulations and Fees Page 2 In order to maintain consistency in dealing with the variety of filming activities the City receives, it became more important to have a film ordinance and set of regulations in place. Using the State Film Commission's model ordinance and researching other cities for their filming regulations, an ordinance and associated regulations were developed. Filming of spontaneous newsworthy events and videos taken for personal use would be exempt from having a permit under the ordinance. The City Attorney's office, Risk Manager, and Assistant City Administrator have reviewed the document and those departments most affected by filming activities — Police, Fire, Risk Management, and Public Works — have given input toward the proposed ordinance and regulations. The San Luis Obispo County Visitors and Convention Bureau/Film Commission has given input to Staff on the regulations and is willing to work with staff in facilitating filming within the San Luis Obispo city limits. The non-refundable application fee would cover basic costs associated with processing a filming request. The majority of film permits received by the City are simple requests and average an hour of the staff person assigned to facilitate requests. It is recommended that the application fee for commercial filming request be set at $70.00 for minor film requests and still photography, $100.00 for filming activity requiring a higher level of review, and a reduced rate of $30.00 would be offered to groups who show they are non-profit or destination marketing organizations. City labor costs, equipment use, facility usage fees, and loss of revenues would be billed to all organizations based upon the level of service they receive from the City under the Master Fee Schedule in place at the time of the film application is approved. CONCURRENCES The Parks and Recreation Commission held two public hearings on November 5, 2003 and February 4, 2004 and voted to support the adoption of the film ordinance and regulations. The San Luis Obispo County Visitors and Convention Bureau/Film Commission support the ordinance and regulations. FISCAL IMPACT Filming requests are very sporadic and can range from still photography in a park to a television commercial using City streets to a major motion picture using locations throughout town. The volume of film permits received by the Parks &Recreation Department is about 1 request every 2-3 months. In the past year, only 5 film permits were issued by the City. Two of the permits were automobile commercials with one filmed in a park and the other on City streets with a rolling roadblock, a permit was issued for a still photography shoot for a clothing catalog, a small independent venture that required minimal facilitation, and an educational film. The last major motion picture filmed in the City was in 2000 when "Murder by Numbers" used several locations in town; in the early 1990's, "My Blue Heaven" was partially shot in public and private locations throughout the community. Previous filming activities have resulted in cost recovery as low as the application fee for staff to a�� Council Agenda Report—Film Ordinance,Regulations and Fees Page 3 process a simple film permit to over$25,000 for a motion picture to cover park uses, street closures, and City labor costs related to public safety. All filming ventures affecting City resources are billed at the City's billable labor rate for staff, park usage fees, equipment use, and any loss of revenue, such as bagging parking meters for no parking. Most permits received fall into a category of still photography or minor film activity that does not require extensive City services. Those activities would require little facilitation and the $70.00 fee would cover the time expended by the Recreation Coordinator to handle the permit request. Filming activities that require a higher level of City review, such as commercials and motion pictures, would be assessed the $100.00 application fee. Staff is recommending that permits be required for non-profits and destination marketing organizations and would be assessed a small processing fee of $30.00; this fee is not supported by the County Visitors and Convention Bureau/Film Commission as they feel it could be a deterrent to promoting tourism in the community. The Recreation Coordinator is assigned as the designee for the film permit process. Typically, about one hour of time is spent in meeting with the applicant, making calls or sending emails to other staff members, and determining what other requirements are needed by the applicant. If the request is more complex, then more time would be spent by all affected staff to address the application request. Generally, those who handle requests in other departments would be the traffic sergeant, the risk manager, and a project coordinator for Public Works. Their time allocation would vary from response to a phone call to attending meetings based upon the complexity of the request. In recommending a $100.00 fee for more complex film permits, more of the staff costs would be recovered from Police, Risk Management and Public Works to evaluate the need for expanded services. A brief telephonelintemet survey found that the cities of Grover Beach, Pismo Beach, Paso Robles and Santa Maria do not charge a permit application fee; the film application fee in the City of Atascadero is $25.00, the City of Morro Bay charges $188.00 for a film permit, $180.00 for a film permit in the City of Arroyo Grande and the County of San Luis Obispo charges $350.00-$550.00. All agencies, as does the City of San Luis Obispo,recover staff and equipment costs associated with the filming activity. Staff has been charging a film application fee similar to the special event application fee, currently set at $52.00. It is Staff's belief that the proposed fees would achieve the goal of encouraging more filming within the City. ALTERNATIVES 1) Do not require an application fee for non-profit and destination marketing organizations. The County Visitors and Convention Bureau/Film Commission is in opposition to a fee for non-profit and destination marketing organizations. The VCB agrees that a permit is needed but a fee might deter certain organizations from wanting to film or photograph in San Luis Obispo. Not having a fee would mean that staff costs would not be fully recovered to process a film request but costs associated with staffing, street closures, etc. would still be required. While Staff appreciates the VCB's concern about a $30.00 application fee ar3 Council Agenda Report—Film Ordinance,Regulations and Fees Page 4 deterring some tourism-oriented productions from filming here, Staff believes that this fee is still a significant reduction from actual staff costs to process an application. If it is found that the fee is detrimental to destination marketing organizations, a change in the fee would be recommended to Council in the future. 2) If the Council does not pass the proposed Film Ordinance and Regulations, Staff would continue to facilitate filming requests but without an established policy in place. Private film companies could come into the community and film wherever they wished and without any coordination of City resources to ensure public safety and rights-of-way. The implementation of the ordinance and associated regulations was driven by a local entity who challenged the lack of having a policy in place when their film request was denied. Attachments 1) Film Ordinance 2) Resolution—Film Permit Fees 3) Resolution—Film Regulations 4) Parks&Recreation Commission February 4,2004 Minutes Electronic File Path: Fadmin\council agenda reponsVilm ordinance a � � _ ATTAR ORDINANCE NO. (2004 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FILMING REGULATIONS WITHIN THE CITY LIMITS WHEREAS, San Luis Obispo is an attractive community with many cultural and historic attributes; and WHEREAS, having those traits enhances the quality of life to its citizens and brings local tourism benefits; and WHEREAS, clear guidelines to encourage commercial media activities within San Luis Obispo are needed; and WHEREAS, maintaining San Luis Obispo as a"film-friendly" locale is highly desired to attract commercial filming activities. NOW,THEREFORE,BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 5.84, Sections 5.84.010 through 5.84.090 shall be added to the San Luis Obispo Municipal Code to read as follows: 5.84.010 TITLE The ordinance codified in this chapter shall be known as the Film Ordinance of the City of San Luis Obispo. 5.84.020 DEFINITIONS A. "Applicant" shall mean the person, firm, association,joint venture,joint stock company, partnership, organization, club, company, corporation, business trust or manager, lessee, agent servant, officer or employee, or any of them except where the context clearly requires a different meaning, applying for a permit to film within the city limits of San Luis Obispo. B. "City Administrative Officer(CAO)" shall mean the chief administrative officer of the City of San Luis Obispo or designated representative C. "Commercial' shall mean any activity intended to generate financial gain, in whole or in part, for the applicants or to advertise products, goods or services D. "City services charges" shall mean the actual costs which City departments incur in connection with commercial activities for which a permit is required under these regulations, not limited to administration or coordination of services, support personnel, equipment, materials and supplies, related fringe benefits, loss of revenue,etc. E. "Destination Marketing Organizations" shall mean filming or videotaping or still photography produced or coordinated by an organization that qualifies under Section 501(c)(6) of the Internal Revenue Code as a Mutual Benefit Organization for the purpose of tourism and travel promotion. F. "Non-profit films" shall mean any commercial, motion picture, television, videotape, or still photography produced by a nonprofit organization, which qualifies under Section 501 ATTACHMENT Ordinance No. (2004 Series) Page 2 (c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos. G. "News Media" shall mean any news organization that photographs, films or videotapes for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen. H. "Motion picture, television, still photography" shall mean all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercial advertisements or other media displaying images for commercial purposes. I. "Private Video" shall mean any filming or videotaping taken solely for personal use. J. "Public Right-of-Way" shall mean any public access that is open to vehicular, bicycle or pedestrian traffic. K. "Special Event Coordinator" shall mean a member of City's staff who serves as the point of contact for all filming activities within the City of San Luis Obispo L. "Studio" shall mean a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises. 5.84.030 PERMITS AND EXEMPTIONS No person shall use any city street, alley, sidewalk, park,right-of-way or other public property owned or controlled by the City for the purpose of taking commercial motion pictures, television shows or programs, and commercial still photography without first applying for and receiving a permit from the City Administrative Officer or designee. Exemptions: A. News Media: The provisions of this Ordinance shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest B. Private Video: The filming or videotaping of motion pictures solely for personal use. C. Studio Filming: Filming activities (motion or still photography)conducted at a studio. 5.84.040 RULES AND REGULATIONS The City Council will establish by Resolution conditions for the issuance of such permits and rules and regulations for activities conducted pursuant to such permits. The City Administrative Officer is authorized to make minor administrative changes in such rules and regulations as long as they are intended to carry-out the purpose of the Film Ordinance and will not have any significant policy impacts. 5.84.050 APPLICATIONS AND PERMIT ISSUANCE A. Issuing Authority: The Issuing Authority shall be the City Administrative Officer designee. a �� ATTACHMENT._. Ordinance No. (2004 Series) Page 3 B. Applications: The following information shall be included in the application: 1. The name of the owner, the address and telephone number of the location(s) at which the activity is to be conducted; 2. The specific location at such address or place; 3. The inclusive hours and dates such activity will transpire; 4. A general statement of the character or nature of the proposed filming activity; 5. The name, address and telephone number of the person or persons in charge of such filming activity; 6. The exact number of personnel to be involved; 7. Use of any animals or pyrotechnics; and 8. The exact amount/type of vehicles/equipment to be involved. 9. Use of public right-of-way C. Application Fee: An application fee, payable to the City of San Luis Obispo, is due with the completed application. A reduced fee will be made available for those organizations qualifying as non-profit or destination marketing as defined in section 5.84.020 E. and F. D. Reimbursement for Personnel: The production company shall reimburse the City for any personnel provided to the company(i.e. police, public works, fire, traffic, parks and recreation) for the purpose of assisting the production at the City's current billable labor rate. E. Other Fees: Other City fees to be charged to the applicant as deemed appropriate and as set by Council Resolution. F. Denial of Permit: The City Administrative Officer may deny a permit if the applicant fails to provide adequate information on the application or if the timing of a filming request prevents the City from providing the necessary resources needed to facilitate the activity. 5.84.060 LIABILITY PROVISIONS A. Liability Insurance: Before a permit is issued, a certificate of insurance will be required in an amount to be determined by the Risk Manager(minimum of$1,000,000) naming the City of San Luis Obispo as an "additional insured" and a policy endorsement for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The City officers, agents, and employees shall be named as "additional insured." The endorsement shall not be subject to cancellation or modification without thirty (30) days written notice to the City. A copy of the certificate and endorsement will remain on file. B. Worker's Compensation Insurance: An applicant shall conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit. C. Hold Harmless Agreement: An applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit under this ordinance. D. Faithful Performance Bond: To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond(amount to be determined) at the time the application is submitted. Upon completion of filming and inspection of the site by the City, the bond may be returned to the applicant. ATTACHMENT Ordinance No. (2004 Series) Page 4 5.84.070 APPEALS The applicant shall have the right to appeal a denial within one (1) working day to the City Administrative Officer. Should the CAO uphold the denial, the applicant may appeal the decision to the City Council in accordance with appeals procedure in Section 1.20.020 of the City's Municipal Code. 5.84.080 PERMIT REVOCATION The City may revoke a filming permit at any time if: A. An emergency arises making it impossible to assign sufficient or appropriate personnel to the filming activity to protect public safety. B. Information is obtained after the filming permit is issued from which it may be reasonably concluded that the permit should have been denied. C. The applicant fails to meet the conditions required by the filming permit. If the City revokes a filming permit, the applicant shall be informed in writing of the grounds for revocation. The applicant may appeal the decision to the City Council within ten days unless the cause of the revocation is an emergency and there is insufficient time available to present or schedule an appeal. In such a case, the applicant shall schedule a personal meeting with the CAO, or in his/her absence, the Assistant CAO, to discuss the circumstances. 5.84.090 VIOLATION If an applicant violates any provisions of this ordinance or a permit issued pursuant thereto, the City may revoke the permit. A violation of this ordinance or the terms and conditions of a film permit issued pursuant to this chapter is a misdemeanor. SECTION 2. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty(30) days after its final passage. INTRODUCED on the day of 2004 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2004, on the following roll call vote: AYES: NOES: ABSENT: � ^ g ATTACHMENT �✓� Ordinance No. (2004 Series) Page 5 David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jonat well, City Attorney - _- ATTACHMENT— RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR COMMERCIAL FILM PERMITS WHEREAS, the City of San Luis Obispo encourages commercial film activities within the city limits, and WHEREAS, staffing and resources are often needed to facilitate such activities in the community to maintain public safety and rights-of-way, and WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve adopted cost recovery goals; and WHEREAS, in accordance with this policy the Council adopted Resolution No. 9130 on November 21, 2000 updating the City's updated master fee schedule on a comprehensive basis; and WHEREAS, the Council considered amendments to the master fee schedule at a public hearing on March 16, 2004 based on a detailed analysis of costs and funding requirements to meet adopted cost recovery goals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City's master fee schedule is hereby amended as follows, effective April 1, 2004 SECTION 1. Establish a film permit application fee of $70.00 for still photography and small filming activities, $100.00 for large filming ventures and $30.00 for applicants who are considered non-profit or destination marketing organizations. SECTION 2. Film applicants will be responsible for 100% of all applicable City services costs in accordance with the City's Master Fee Schedule and Billable Labor Rate in effect at the time the permit is approved. SECTION 3. All fees are to be paid in full at the time the permit is approved by the City. Additional costs incurred after approval will be billed to the applicant as soon as possible. Upon motion of seconded by and on the following roll call vote: AYES: NOES ABSENT: The foregoing resolution was adopted this day of , 2004. David F. Romero, Mayor R a^�o ATrACHWT Resolution No. (2004 Series) Page 2 ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jon well City Attorney - ATTAO MW �— RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING REGULATIONS FOR FILMING WITHIN THE CITY LIMITS WHEREAS, the City of San Luis Obispo wishes to encourage filming activities and be known as a"film-friendly community; and WHEREAS, the City desires to have clear guidelines in place to address commercial film activity in San Luis Obispo and to be consistent in handling film requests. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo to approve the Film Regulations, attached hereto as "Exhibit A," to be used in handling requests to film within the City of San Luis Obispo. The City Administrative Officer is authorized to make minor administrative changes in such rules and regulations as long as they are intended to carry-out the purpose of the Film Ordinance and will not have any significant policy impacts. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2004. David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jonath well City Attorney . 00 ❑ ❑ ❑ ouuert o O o city Of SdTl LUIS OB1Sp0 0 o Film Uegulaticns 000 F-1 0El 00 Elho ° � o March 16 2004 El °o °o a - �3 FILMING REGULATIONS EXHIBIT 1. Introduction ..................................................................................2 2. Exceptions....................................................................................3 3. Applications..................................................................................3 4. Consultation with other City Departments....................................4 5. Fees and Service Charges...........................................................4 6. Refunds........................................................................................5 7. Indemnification Agreement...........................................................5 8. Insurance Requirements..............................................................5 9. Clean-Up......................................................................................5 10. Traffic Control...............................................................................6 11. Parking Regulations.....................................................................6 12. Safety Plan...................................................................................6 13. Fire Regulations...........................................................................7 14. Encroachment Regulations..........................................................7 15. Compatibility with State and Federal Law and Constitutions........8 16. Appendix a. Checklist for Film Permit Process Introduction EXHIBIT The City of San Luis Obispo welcomes commercial filming activities to the community. This document highlights the process for any for-profit or charitable ventures to use public and private facilities within the City limits for television, motion picture or still photography. It is the City's desire to make the process for obtaining a film permit as smooth and simple as possible. San Luis Obispo is an ideal location for filming opportunities. The pleasant climate, many historical buildings, attractive parks and plazas and its central location in San Luis Obispo County offers a multitude of ideas as a prospective filming location. The City works closely with the San Luis Obispo County Visitors and Convention Bureau and Film Commission in facilitating approvals and locations within the City. Production companies are encouraged to contact them first for information about locations, permits and production assistance. The City has been the location for several motion pictures, including "My Blue Heaven" and "Murder by Numbers." Locations in and around San Luis Obispo are often found in commercial ads and publications such as Sunset Magazine, Ford, and Norm Thompson Outfitters. Exceptions EXHIBIT P'r The following activities are not required to have a film permit: News Media: while in the course of photographing, filming or videotaping spontaneous, unplanned news events by reporters, photographers, or cameramen in the employ of a newspaper, news service, television station, or other similar entity and which are newsworthy and in the public's interest. Private Video: filming or videotaping motion pictures solely for personal use. Non-Profit Films: projects by a charitable organization that qualifies under Section 501 (c)(3) of the Internal Revenue Code. Studio Filming: filming activities (motion or still photography) conducted at a studio. Destination Marketing Organizations: organizations qualified under section 501 (c)(6) of the Internal Revenue Code who produce or coordinate film or videotape or use still photography for the purpose of tourism and travel promotion. Applications An application for a film permit must be completed five (5) working days prior to the start of filming. Those filming ventures that require an encroachment approval requires five (5) working days notice; pyrotechnics, stunts, or other high risk activities must submit an application ten (10)working days prior to the start of filming. It is highly recommended that large filming activities submit an application as far in advance as possible to effectively coordinate efforts between City staff and the applicant. The City will expedite permit processing in as timely a manner as possible. A non-refundable application fee must be paid when the application is filed. The Special Event Coordinator for the City of San Luis Obispo will handle all film permit applications in accordance with the Film Ordinance and Filming Regulations. An applicant is required to obtain the property owner's permission, consent, and/or lease for use of property not owned or controlled by the City of San Luis Obispo. The applicant must also obtain permission from all affected private and public property owners to string cable across sidewalks or from a portable generator to any service point. The film application must include a contact person, address and telephone number, hours and dates of the activity, location(s) of the filming activity, nature of the filming activity, number of personnel to be used, use of animals, 3 Q4(.0 EXHIBIT pyrotechnics, or other unusual or high risk activity, number and types of vehicles to be used, and use of any public right-of-way. A hold harmless and indemnification agreement must be signed by an authorized representative of the film company and submitted with the application. Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location. General liability insurance of no less than $1,000,000 per occurrence is required of all applicants, when the application is approved by the City. A certificate of insurance and amendatory endorsement, naming the City of San Luis Obispo as an additional insured, must be submitted when the application is approved. Additional insurance requirements will be determined by the City's Risk Manager when pyrotechnics, stunts or other high risk activities or factors are involved. City staff reserves the right to stop any film activity that has not complied with the requirements of the City's film ordinance.. Law enforcement personnel may cite for violations of the film ordinance. Additional fees and approvals may be required from the City, depending upon the nature of the filming activity taking place, such as approvals involving encroachment, noise variance, pyrotechnics; use of City facilities, etc. Consultation with other City Departments The Special Events Coordinator will coordinate with other City departments that are affected by the film permit request. Meetings with key staff members may be required to address public safety, traffic, fire or other important issues. All communication with City staff must go through the Special Events Coordinator unless otherwise directed. Fees and Service Charges A film permit application fee must be paid upon submittal of the request. Fees are set by resolution of the City Council. All commercial filming ventures will be required to reimburse the City for personnel services at the billable labor rate in accordance with Council-adopted resolution. Fees for use of a City park or building will be charged at the commercial rate. Fee schedules are included in the film application packet. . Should filming create a loss of parking revenue, the applicant will be billed for the loss of revenue. 4 � ^ � ! EXHIBIT P - k' Use of City equipment for filming purposes will be charged at a reasonable fee for wear and tear as determined by the City department that is affected by the use. Refunds In the event of inclement weather or some other cause beyond the control of the applicant, a written request for refund may be submitted to the Special Events Coordinator within ten days after the scheduled filming event was to occur. It will be the decision of the Parks and Recreation Director to determine if all charges or a prorated amount will be refunded. Charges incurred will be not be refunded. The application fee is non-refundable. Indemnification Agreement Prior to the issuance of a filming permit, the applicant must sign an agreement to reimburse the City of San Luis Obispo for any costs incurred in repairing damage to City property occurring in connection with the permitted filming activity caused by the actions of the applicant, the filming company, its officers, employees or agents or any person who was under the applicant's control insofar as permitted by law. The agreement shall also provide that the applicant shall defend, protect, indemnify and hold harmless the City, its officers, agents, and employees from, any liability to, or claims of liability. This indemnification agreement will be included as a part of the filming permit. Insurance Requirements If required by the City's Risk Manager, the applicant for a filming activity must submit a Certificate of Insurance and policy endorsement naming the City of San Luis Obispo as Additional Insured covering general liability and property damage in an amount to be determined by the Risk Manager, with a minimum of $1,000,000 per occurrence for all covered losses. These forms must be submitted to the Special Events Coordinator prior to approval by the City. The insurance policy must be maintained for the duration of the filming activity and the insurance company must provide the City with thirty days written notice of cancellation of the policy. Clean-Up The applicant shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site. It is highly recommended that efforts to recycle aluminum and glass should be made. 5 Q — t EXHIBIT N Traffic Control For filming that would impair traffic flow on public rights-of-way, an applicant must use San Luis Obispo Police Department personnel for traffic control, unless otherwise authorized by the Police Department, and comply with all traffic control requirements deemed necessary. a. For any street closure, a traffic plan must be developed and presented to the City for approval prior to permit issuance. Traffic plans are the responsibility of the applicant. b. An applicant shall fumish and install advance warning signs and any other traffic control devices in conformance with the Manual of Traffic Controls. State of California Department of Transportation. All appropriate safety precautions must be taken. C. Traffic may be restricted to one 12-foot lane of traffic and/or stopped intermittently. Depending upon the filming location, the City will determine the period of time that traffic may be restricted. d. Traffic shall not be detoured across a double line without prior approval of the San Luis Obispo Police Department. e. Unless authorized by the City, the camera cars must be driven in the direction of traffic and must obey all traffic laws. f. Any emergency roadwork or construction by City crews and/or private contractors, under permit or contract to the City, shall have priority over filming activities. Parking Regulations When parking revenues are affected, an applicant may be billed according to the current rate schedule established by the City. In order to assure the safety of citizens in San Luis Obispo, parked vehicles or other easily movable obstruction must never block access roads that serve as emergency service roads. No relocation, alteration, or moving of structures on City property will be permitted without prior approval. If the applicant must park equipment, trucks,and/or cars in zones that will not permit parking, the City must approve this use and the Applicant shall post temporary "No Parking" signs to prevent outside parties from parking in the filming area. Safety Plan The filming applicant may be required to submit a written safety plan prior to filming if the Risk Manager determines that unusual safety concerns may exist. Such plan must include solutions to the concerns identified by the City's Risk Manager. 6 Fire Regulations EXHIBIT All appropriate State and City fire regulations must be followed during any filming activity. A 20-foot fire lane must be maintained at all times to allow access for emergency vehicles. Filming activities that require street closures shall not affect key emergency vehicle routes. Permission from the City's Fire Marshal must be obtained if pyrotechnics are to be used during filming. If needed, Fire Department personnel may be assigned to monitor certain aspects of the filming. If a scene requires a fire or campfire in a City park, a gas jet must be used. City Fire Department Personnel may be required on filming locations: • In hazardous brush/grass areas during fire season, or • When fire-related special effects may be used, or • When fire/safety codes may be violated. The movie location shall be reviewed by fire department staff to determine if presence by City Fire Department Personnel is required. If fire-related special effects or pyrotechnics are to be used, approval shall be obtained from the City Fire Department. Encroachment Regulations Public Works Department encroachment approval is required for any use in the public right-of-way. This approval would determine the need for any traffic plans, vehicle size and weight exceptions etc. This approval must be applied for 10 working days prior to filming. All related fees must be paid prior to the issuance of the encroachment approval. All vehicles shall comply with the size and weight requirements established by the California Vehicle Code. Exceptions shall be reviewed on a case-by-case basis and shall comply with Chapter 10.80 of the City's Municipal Code for Oversized and Overweight Vehicles. Requests for exceptions must be made to the Public Works Department no later than 10 days prior to filming. If the Public Works Department allows the exception, approval must be forwarded to the Special Events Coordinator within 5 days before filming is to begin. The Police Department will require any vehicle that has not received an exception approval to be removed. Compatibility with State and Federal Law and Constitutions EXHIBIT It is the intention of the City Council and the City of San Luis Obispo that these policies and procedures be interpreted in a manner compatible with the State of California Constitution and the United States Constitution and the laws of the State of California and the United States. 8 C) -�+ EXHIBIT - 1Q Checklist items for Film Permit Process: If checked, Applicant must have completed or approved before Film Permit will be granted. Parks & Recreation: ❑ Film Application ❑ Park or Facility Use Permit Risk Management: ❑ Certificate of Insurance and Endorsement, with required limits of ❑ Safety Plan Review Public Works: Engineering ❑ Encroachment Permit o Use of Generators o Night time Noise/Use of Lights o Use of Water (storm drain issues) ❑ Traffic Plan Review o Street Closures o Traffic Lane Restrictions ❑ CalTrans Notification Public Works: Maintenance Divisions ❑ Staff Resources needed o Streets o Parks Public Works: Parking ❑ Parking Review Police Department ❑ Traffic Plan Review ❑ Staff Resources needed Fire Department ❑ Special Effects/Pyrotechnic Permit ❑ Staff Resources needed Additional Requirements: ❑ Private Property Owner Notifications for use of City rights-of-way ❑ Use of Downtown area o Approval by Downtown Association o Approval by Chamber of Commerce o Approval by Old Mission Church (Mission Plaza_ use only) ❑ Applicant to notify all affected residents for staging 13 a�a�- AA/NdBli Parks and Recreation Commission MINUTES City-County Library Conference Room e Wednesday, February 4, 2004 7:00 p.m. O Q CALL TO ORDER: Chair Peter Dunan called the meeting to order at 7:00 p.m.o NW ROLL CALL: Chair Pete Dunan,C ommissioncrs D ebbie B lack, J ill L emieux, J im N eville, Bill Pyper and Ty Griffin ABSENT: Gary Clay STAFF: Director Paul LeSage,Todd Beights, Christine Wallace, and Cindy McDonald. CONSIDERATION OF MINUTES: The minutes of the January 7, 2004 meeting were approved as submitted with a correction of Mr. Felsman's name. PUBLIC COMMENT PERIOD: No public comment. 1. Volunteer of the Month Chair Dunan presented Juliette Finley as the Volunteer of the Month. 2. Bishop Peak Natural Resource Conservation Plan Michael Clarke, Ph.D., City Biologist, and Neil Havlik, Natural Resources Manager briefed the Commission on the Bishop Peak Natural Resource Conservation Plan. Dr. Clarke asked the.Commission for any further comments or suggestions to the plan. Commission discussed their concerns and all were addressed. Chair Dunan opened Public Comment: Don Dollar, San Luis Obispo citizen—very pleased with the Natural Resources response and plan. John Knight— local space user— does not have any comments with the addendum but added that he liked the plan. He suggested a kiosk at the entrance of the park. Chair Dunan closed Public Comment. Recommendation: To endorse the Bishop Peak Natural Resource Conservation Plan with amendments. (Pyper/Griffin, 7Chair ilm Ordinance and Regulations ge introduced Christine Wallace, Reservation Supervisor. Wallace briefed the Commission on mended Film Ordinance and Regulations and asked for comments and suggestions. Commission discussed the item. Dunan opened Public Comment. PIPadaS Pec Comm1mbnj20041Minuws1101.04.04 minutesdor Parks and Recreation Comn: on pTfACHMINT 2' Minutes for February 4, 2004 Page 2 Baxter Boyington-thanked staff for the work they did and said it is a film friendly document. Don Dollar—SLO citizen—wants to make sure that trees will not be removed for a price. e Chair Dunan closed Public Comment. O V Recommendation: O To endorse the Film Ordinance and Regulations as presented. (Neville/Black, unanimous). p LeSage briefed the Commission on the following projects: • Capital Projects ■ Memorial Tree planting Meadow Park • Potential Cell sites ■ Reservoir Canyon Trail ■ Fire Camp ■ Santa Rosa Multi purpose Court Lights ■ Stockton Field Baseball Conversion ■ Laguna Lake Park 5. Staff Reports Kathy Mills, Recreation Manager distributed a report from the Department and a report regarding the financial management of the Department to the Commission. Todd Beights, Parks Maintenance,updated the Commission with various park projects. 6. Committee Reports Commissioners gave reports on Committees they attended. ■ Tree Committee— ■ Joint Use Committee—Black ■ Mayors Youth Task Force—Dunan ■ Jack House Committee—Pyper ■ Open Space-Clay ■ Golf-Lemieux ■ Therapy Pool—Neville 7. Communications None. & Adjourned The meeting adjourned at 8:45 p.m. to the March 3, 2004 meeting. s A. r r � r- 1 : council memomnoum city of san lues owspo. aOmmistization RED FILE DATE: March 12, 2004 MEING AGENDADATE /L/ ITEM #&L _ TO: City Council yy VIA: Ken Hampian, CAO FROM- Paul LeSage, Parks and Recreation Director SUBJECT: REMOVAL OF ITEM #2 FROM THE MARCH 16, 2004 AGENDA: FILM ORDINANCE,REGULATIONS AND FILM APPLICATION FEE During the public comment period of the March 10, 2004 Promotional Coordinating Committee's (PCC) monthly meeting, staff from the SLO County Visitors and Conference Bureau and the SLO Chamber of Commerce voiced their concerns over the proposed film application fees. In hearing these concerns, the PCC requested a review of the Film Ordinance, Regulations and Film Application Fee prior to it going before the Council. The next PCC meeting is scheduled for April 14, therefore it is necessary to pull the item from the March 16 Council meeting and move it to the April 20 Council meeting. This ordinance was not brought initially to the PCC for consideration and discussion because it was deemed by staff to be an events oriented issue typically handled by the Parks and Recreation Commission. COUNCIL -EDD DIR CAO FIN DIR rACAO F'RE CHIEF 0-ATTORNEY PW DIR f ❑ etERKtORIG POLICE CNF ❑ DEPT WEApg REC DIR '�= ❑ LJTIL DIR -,_t'1 :.-� HR DIR COUNCIL MEMORANDUM-Film Applicatio Fees 31204