HomeMy WebLinkAboutCC 9 AB 4680 02-20-90DATE:
TO:
FROM:
SUBJECT:
FEBRUARY 20, 199(
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
CONSENT CALENDAR NO. 9
2-20-90
Inter - Com
AB 4680 REGARDING FILMING PERMIT PROCEDURES FOR MOTION
PICTURES, ADS AND COMMERCIALS
RECOMMENDATION
It is recommended that the City Council approve the Model Filming
Permit Process as submitted by the California Film Commission and
revised by the Community Development Department by adoption of
Resolution No. 90-27, as submitted or revised.
BACKGROUND
The State of California is making every .effort to increase film
production throughout the State. In 1988, California lost $3
billion worth of feature films, television shows and commercials
to other states due to restrictive municipal regulations.
Consequently, in 1985 the California Film Commission was created
to combat this "runaway production".
Assemblyman Stan Statham (R -Redding) authored AB 4680 which is
designed to standardize filming permit procedures within
California's communities and to alleviate much of the red tape that
film companies encounter. The bill was signed into law by the
Governor and became effective January 1, 1990.
DISCUSSION
The model process (from the CFC) was routed to the Design Review
Committee for comments. The general consensus is that the City
could only benefit by adopting the model process and in fact, would
be eligible for the use of certain resources provided by the
California Film Commission including:
1. Grants for funding the costs to develop or participate
in workshops, trade shows, seminars or meetings that
assist local governments to promote and market the use
of their locales by the motion picture industry.
2. The services of a professional photographer to take
pictures of motion picture locations for inclusion in the
location resource library.
City Council Report
AB 4680 Model Filming Permit Process
February 20, 1990
Page 2
3. Promotional and informational materials for the purpose
of mailing or distributing to the motion picture
industry.
By adopting the Model Permit Process, the City has a procedure in
place should a motion picture proposal be made. In addition, if
in the future the City elects to actively market the community for
motion picture filming, benefits and resources are readily
available from the California Film Commission. At this time, there
are no provisions within the Municipal Code specifically addressing
motion picture permits.
ANALYSIS
Staff has received suggestions, through the Design process, that
would require some minor modifications to the suggested model
process. The modifications and/or clarifications are more in line
with Tustin's needs and typical operating procedures.
Modifications are outlined below:
Item No. 1: The City must designate one individual to work
directly with the Film Industry.
Modification/Clarification: The Director of Community Development
or authorized representative shall be the designated individual to
work directly with the Film Industry. This designation should
provide flexibility and latitude for the City and still comply with
the CFC's intent.
Item No. 3: Permit application information is to be given by the
production company to the City by telephone, unless the Company
representative prefers to file the application in person.
Modification/Clarification: Due to the complexity of information
to be provided and because telephone conversations can often times
be vague, the City will request that permit filing be done in
person or mail. In addition, this will enable staff to verify that
the property owners involved have been adequately noticed and
indeed have authorized the activity.
Item No. 4: The designee shall expedite the permit process by
coordinating all City department reviews and approvals.
Community Development Department
City Council Report
AB 4680 Model Filming Permit Process
February 20, 1990
Page 3
Clarification: Each reviewing department within the City (i.e.
Building, Fire, Police, Engineering) shall designate a liason to
assist in expediting the process.
Item No. 5: The Permit shall be issued with the following maximum
time requirements:
2 working days for approval and issuance of a normal
permit;
4 working days for traffic control which exceeds 3
minutes, stunts or special effects;
° 10 working days for road closures
Modification/Clarification: The specified time requirements for
permit issuance is not realistic considering routine workloads and
time schedules for other permits that the City currently processes
on a regular basis. Certainly, the filming industry plans their
filming longer than 2, 4 and 10 working days prior to the actual
filming.
For example, other permits the City processes that require routing
to different departments have minimum lead times as follows:
1. Items requiring review and approval of the License and Permit
Board (i.e. large gatherings, taxi companies, ambulances, etc)
4 to 6 weeks.
2. Items requiring a Temporary Use Permit other than banners
(i.e. sidewalk sales, special events, seasonal businesses,
etc.) 7 to 10 days.
3. Road Closures -are subject to the discretion of the Public
Works Director and Chief of Police. Closures requiring public
notification requires 30 days.
In light of the above, staff recommends the following time
requirements which are more realistic and attainable, yet in
cooperation with the CFC.
5 working days for approval and issuance of a standard
permit;
Drking days for traffic control which exceeds 3
.tes, stunts, special effects, or interior shoots;
Community Development Department
City Council Report
AB 4680 Model Filming Permit Process
February 20, 1990
Page 4
*10 working days for road closures of 4 hours or less;
° *30 days for road closures over 4 hours.
* All road closures are subject to the discretion of the Public
Works Director and Chief of Police.
Item No. 8: Permit fees or permit application fees shall not
exceed the actual cost of issuing the permit.
Clarification: Because the filming permits will require routing
to various departments, staff time must be considered in
determining an appropriate fee.
Other permits the City processes that require routing to different
departments are charged the following fees:
1. Items requiring review and approval of the License and
Permit Board $40.00.
2. Temporary Use Permits $75.00.
In light of the above, staff recommends that filming permits have
a filing fee of $75.00. Additionally, staff suggests charging a
$25 fee for riders as outlined in Item No. 6. This fee will
encourage film companies to plan their projects and will discourage
their projects and will discourage "shotgun" approaches to permits.
CONCLUSION
Staff recommends that the City Council approve the Model Filming
Permit as revised by the adoption of Resolution No. 90-27, as
submitted or revised.
i)
Beth Schoemann Christine . Shinr.eton
Associate Planner Director of Community Development
Attachments:
Resolution No. 90-27
Model Filming Permit Process .(as submitted by the
CFC)
Standardized Permit Application Form
Standardized Insurance Form
Community Development Department
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RESOLUTION NO. 90-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, IMPLEMENTING AB 4680 REGARDING
THE MODEL FILMING PERMIT PROCESS.
Whereas, the legislature passed and the Governor signed into
law AB 4680, in order to standardize filming permit processes
within California's communities; and
Whereas, the City Council of the City of Tustin is required
to adopt a Filming Permit Process to'attract film production
to this area and to expedite the filming permit process.
Now, therefore, be it resolved by the City Council of the City
of Tustin that the following is approved and adopted as the
Filming Permit Process for the City of Tustin:
1. The Director of Community Development or authorized
representative (herein called the "Designee") shall
be the designated individual to work directly with
the film industry.
2. The Designee shall work cooperatively and
responsively with the industry.
3. Permit application information is to be given by the
production company to the City in person or by mail.
4. The Designee shall expedite the permit process by
coordinating all City department reviews and
approvals.
5. The permit shall be issued with the following
maximum time requirements:
a. 5 working days for approval and issuance of a
standard permit;
b. 7 working days for traffic control which
exceeds 3 minutes, stunts, special effects or
interior shoots;
C. 10 working days for road closures of 4 hours
or less;
d. 30 days for road closures over 4 hours.
6. Unlimited permit "riders", that is a written
attachment to the permit that accommodates minor
changes, shall be used. However, a permit cannot
be extended or amended by rider after the completion
of the filming activity.
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Resolution No. 90-27
February 20, 1990
Page 2
7. If other non -City agencies have jurisdiction, the
Designee shall notify such overlapping jurisdictions
and shall inform the Permittee in writing on the
Permit.
8. There shall be a filing fee of $75 and a $25 fee per
rider.
9. Business license fees shall not be collected when
City location use fees are being charged.
10. The City shall use the standardized Permit
Application Form attached hereto.
11. The City shall use the standardized Insurance Form
attached hereto.
12. The Designee shall establish a cancellation fee
which is a portion of the Permit cost, and which may
be applied if the production company cancels the
permit after 3:00 p.m. the last working day before
the scheduled shoot.
13. The City shall require the production company to
have a copy of the Permit on site at all times.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, California held on the 20th day of
February, 1990.
MARY E. WYNN
City Clerk
RICHARD B. EDGAR
Mayor
PhoTOGRAPHY/FILMINU PERMIT
Date: _ _ Permit:
Company:
Address:
Phone:
Date Time
Project Title:
Production Type: _
Location Manager: _
Production Manager:
Other Contact:
Location and Activity
F/C/S'
Total Personnel:
Vehicles/E ui TMVConstruct/Strike
Total P•
q
Generator: Cars:
Trucks: Motorhomes: Other:
Pyrotechnics:
Special Effects Permit #:
Pyrotechnician:
License #
Police required: Fire required:
Other required:
Approvals: Police Fire
Engin. Planning
Other provisions:
Attachments:
This permit must be cancelled by
or permittee will charged approximately for
personnel costs.
Insurance Company:
Expiration Date:
Permittee agrees to all the terms and conditions of this permit including provisions on the reverse side of this form
and any attachments.
Company Representative: Representative of:
Permittee waives all claims against City/County, its officers, agents and employees, for loss or
damage caused by, arising out of or in any way connected with the exercise of this permit and
permittee agrees to save harmless, indemnify and defend City/County, its officers, agents and
employees, from any and all Loss, damage or liability which may be suffered or incurred by City/
County, its officers, agents and employees caused by, arising out of or in any way connected
with exercise by permittee of the rights hereby permitted, except those arising out of the sole
negligence of City/County.
City/County shall have the privilege of inspecting the premises covered by this permit at any or
all times.
This permit shall not be assigned.
City/County may terminate this permit at any time if permittee fails to perform any covenant
herein contained at the time and in the manner herein provided. City/County agrees it will not
unreasonably exercise this right of termination.
The parties hereto agree that the permittee, its officers, agents and employees, in the perform-
�ce of this permit shall act in an independent capacity and not as officers, employees or agents
the City/County.
No alteration or variation of the terms of this permit shall be valid unless made in writing and
signed by the parties hereto.
Permittee will not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, sex, age, national origin or physical handicap.
Permittee agrees to comply with the terms and conditions contained in the attached Exhibit(s),
which terms and conditions are by this reference made a part thereof.
The permittee hereby agrees to comply with all the rules and regulations of the facility or institu-
tion subject to this permit.
Permit must be kept on site at all times.
"TATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF COMMERCE • •._�.: ;�:
CALIFORNIA FILM COMMISSION w
6922 HOLLYWOOD BLVD., SUITE 600
HOLLYWOOD, CALIFORNIA 90028
(213) 736-2465 The Model Filming Permit Process
1. The city/county must designate one individual to work directly with the
film industry. An alternate designee must also be named, in case the
designee is unavailable to process the permit.
2. 'The designee shall work cooperatively and responsively with the industry.
3. Permit application information is to be given by the production company
to the city/county by telephone, unless the company representative
prefers to file the application in person.
4. The designee shall expedite the permit process by coordinating all
city/county department reviews and approvals.
5. The permit shall be issued with the following maximum time requirements:
2 working days for approval and issuance of a "normal" permit;
4 working days for traffic control which exceeds 3 minutes, stunts
or special effects;
10 working days for road closures.
6. Unlimited permit "riders" (a written attachment to the permit that
accommodates minor changes) shall be used. However, a permit cannot be
extended or amended by rider after the completion of the filming activity.
7. If other non-city/county agencies have jurisdiction, the designee shall
notify such overlapping jurisdictions and shall inform the permittee in
writing on the permit.
8. Permit fees or permit application fees shall not exceed the actual cost
of issuing the permit.
9. Business license fees shall not be collected when city/county location
use fees are being charged.
10. Each city/county shall use the standardized permit application form
attached.
11. Each city/county shall use the standardized insurance form attached.
12. The designee shall establish a cancellation fee which is a portion of the
permit cost,*and which may be applied if the production company cancels
the permit after 3:00 pm the last working day before the scheduled shoot.
13. Each city/county shall require the production company to have a copy of
the permit on-site at all times.
1. ENDORSEMENT N0. 2. ISSUE DATE
GENERAL LIABILITY SPECIAL ENDORSEMENT
3. PRODUCER S. POLICY INFORMATION
Carrier.
Policy Number.
Policy Period:
COVERAGE TRIGGER (clock which): ❑ Occurrence ❑ Claims Made
LOSS ADJUSTMENT EXPENSE ❑ Included In Limits ❑ In Addition to Limits
6. ❑ Deductible ❑ Self-Insured RETENTION (check which) of $
4. INSURED with an Aggregate o($ applies to
coverage. ❑ Per Occurrence ❑ Per Claim 1
7. APPLICABILITY
This Insurance pertains to the operations and/or tenancy of the named Insured under
all written agreements and permits In force with the City/County unless checked
here ❑ in which case only the following specific agreements and permits with the
Clty/County ars covered:
CiTY/COUNTY AGREEMENTS/PERMIITS
GENERAL LIABILITY 10. OTHER PROVISIONS
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE FORM °"0M' l
•
LIABILITY LIMITS IN THOUSANDS $
MWEACH OCCURRENCE AGGREGATE
PREMISESIOPERATIONS
UNDERGROUND f: COLLAPSE HAZARD 11. CLAIMS
10RODUCTSICOMPLETED OPERATIONS Underwriter's representative for claims pursuant to the Insurance.
WRACTURAL
INDEPENDENT CONTRACTORS
In consideration of the premium charged and notwithstanding any Inconsistent statement in the policy to which this endorsement Is attached or any
endorsement now or hereafter attached thereto, it Is agreed as follows:
12 ADDITIONAL INSURED. The City/County and its respective officers, agents and employees aro Included as additional Insureds with regard to
liability and defense of suits arising from the operations and uses performed by or on behalf of the named Insured.
13. SEVERABILITY OF INTEREST. This Insurance applies separately to each Insured against whom claim Is made or suit Is brought except with
respect to the company's limits of liability. This inclusion of any person or organization as an Insured shall not affect any right which such
person or organization would have as a claimant b not so Included.
14. CANCELLATION OF NOTICE. With respect to the Interests of the City/County this Insurance shall not be cancelled, or material reduced in
coverage or limits except after thirty (30) days prior written notice to the City/County.
Except as stated above nothing hereln shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to
which this endorsement is attached.
15. AUTHORIZED REPRESENTATIVE ❑ Broker/Agent ❑ Underwriter ❑
16. 1 (pdntltype name), warrant that I have authority to bind the above-mentioned Insurance
company and by my signature hereon do so bind this company to this endoresement.
Signature
(original signature required on copy furnished to the City/County.)
Telephone: ( j Date Signed