HomeMy WebLinkAbout03/16/2004, PH2 - FILM ORDINANCE, REGULATIONS AND FILM APPLICATION FEE council
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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.
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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
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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
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_ 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.
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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:
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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
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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
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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.
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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.
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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�-
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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.
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COUNCIL MEMORANDUM-Film Applicatio Fees 31204