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HomeMy WebLinkAboutAGENDA REPORT 1994 1102 CC REG ITEM 11C^.:C. CAU- .- . Council e,:r,;; 199Y .,C- HON: 'v TO: FROM: DATE: CITY OF MOORPARK AGENDA REPORT The Honorable City Council ITEM PA 17q. 11 (1) Donald P. Reynolds Jr., Administrative Services October 12, 1994 SUBJECT: Consider Draft Procedures and Standards for Filming /Photography Temporary Use Permits ')02PARK, CALIFO?" '- :4� The following report is intended to supplement the staff report regarding the status of film permits provided to Council on September 21, 1994. This item was continued by the Council until the Economic Development /Affordable Housing Committee (Mayor Pro - Tem Hunter and Councilmember Perez) had an opportunity to discuss it with staff. Staff met with the Committee on September 26, and has prepared proposed draft film permit procedures, standard conditions and a draft fee resolution for the City Council's consideration, provided in Attachments "A" and "B" respectively. The standards provided in Attachment "A" are reflective of the current informal procedures implemented when applications are received for filming events. Attachment "B ", "Fees," are reflective of the fees applied by other jurisdictions throughout the county. Proposed Fees The standard $600 per day film permit fee includes the costs of City and contract staff required to review the film permit application and prepare special conditions for the event. Police inspection and other operational costs during the event would be charged on a per hour basis per Resolutions 94 -1049 and 93 -987, and a deposit would be required to include 150 percent of the estimated cost. A preliminary review fee is recommended to recover approximately 1.25 hours of staff time initiating the permit process. The City receives several requests per year to film from non - profit organizations. The City may also receive requests from local 1 00205 business to film commercials in Moorpark. Our current policy allows a discount or a fee waiver for non - profit organizations or student film projects. It is suggested that a discount rate for Moorpark businesses also be considered. It is recommended that these applications be processed at City cost per Resolutions 94- 1049 and 93 -987. Additional Considerations Currently, when an application for a film permit is submitted, staff is unable to stop progress on current projects to attend to the immediate need of the applicant. In order to improve staff's ability to respond to requests, it is intended that we contract liaison and inspection services to outside individuals or groups. The cost would be paid by the applicant. At this time, staff recommends that the Council adopt the attached procedures and fee schedule because they reflect the current practices by the City, and direct the Economic Development Committee to explore expediting the process through community outreach efforts. At the same time, staff will look at contract services and /or organizational changes that would help to provide the immediate attention required by film permit applicants. It is requested that the City Council consider the refinement of standard conditions with public input, along with the other goals and objectives for the Administrative services Department. Recommendation That the City Council adopt the attached procedures for filming in the City, and the attached fee Resolution 94- and direct staff as deemed appropriate. Attachments A) Draft Film Permit Standards and Procedures B) Draft Film Permit Fee Resolution F III 1� ATTACHMENT nAn FILM PERMIT /PHOTOGRAPHY PERMIT (DRAFT) STANDARD PROCEDURES The following permit procedures have been outlined by the City in an effort to make the process of obtaining a film permit easier to accomplish for both the City and applicant. By signing the Temporary Use Permit required to film in the City and associated permit conditions, the Applicant agrees to all related City conditions. DEFINITIONS The following definitions apply to the conditions and descriptions contained in the City's film /photography procedures: 1) Lead -Time The amount of time required by the City to process a film permit after first receiving a completed City film permit application. 2) Event The proposed activities of the project including set -up time and set preparation, ending with the clean -up that occurs after the activities have ended. 3) Fees As established by applicable City Resolution. The preliminary review fee initiates the permit process. All other fees are due after the City conducts a preliminary review, and before initiation of the permit process. 4) Deposit 150 percent of the estimated cost of police staff needed during the event, refundable to the applicant within sixty days after the event has been concluded. 5) Application City application for Film Permits, as provided in Exhibit "A." 6) City Owned Property Any property including streets, sidewalks, flood channels, City parks, and other land or public facilities owned by the City. 00207 7) sMinimal Impacts Very little or no impact to the community, including but not limited to all or one of the following variables: will not be located on High Street or use public property; will not cause interruption of normal vehicular speed or turning movements; w -ill not have pyrotechnics; will not require special services by City staff; will not have bright lights at night; will not need portable generators; will not last more than two days, and; will involve less than 10 vehicles for staff, crew and equipment. Each application will be reviewed independently, and may be approved under this determination even if one of the above referenced factors is involved, based on the nature of the variable. 8) "Significant Impact" Will definitely impact the community by including such factors as; closing streets, interruptions to normal vehicle speed or turning movements, involving more than 25 persons, involving more than ten vehicles, use of City property; use of bright lights at night for exterior shots; will have portable generators; will include pyrotechnics, and /or last for more than two days. 2 00208 STANDARD PROCEDURES Preliminary Determination 1) Applicant expresses and interest in filming in Moorpark, either by phone or in person. 2) City staff listens to the proposal, and provides a preliminary estimate for the applicant of what City procedures, cost and lead time are required based on the procedures and fees described in this policy at no cost to the Applicant. Application 3) If the applicant is still interested, an application is mailed, faxed or handed to them over the counter. The applicant returns the application with the preliminary review fee, (faxes are acceptable as long as the preliminary review fee and original application are received within three days of the faxed application). 4) Staff reviews the application and asks for additional details about the project if needed. Permit Lead Time- Determining Impact 5) A review of a completed application will result in one of the following determinations: A) Minimal Impact on the community- a lead time of two working days is required, and compliance with the "Standard Conditions For Filming /Photography Event Determined to Have Minimal Impact ", Exhibit "B;" B) Located on High Street, and /or on public property, but will have a minimal impact, ten working days are required in addition to the "Standard Film Permit Requirements For High Street, and the Use of Public Property" presented in Exhibit "C;" C) Significant Impact on the community, (additional circumstances apply that could adversely impact the community), a thirty day lead time is required to draft 3 00209 additional permit conditions. The City reserves the right to hold a public meeting to address public concerns. Processing 6) After determining the scope of the project's impact, the film permit fees are due based on the number of days requested for the filming event and other related costs if applicable. After City receipt of payment, one of the following processes will occur: A) Minimal Impact: Applicant will provide insurance and execute the attached indemnification and hold - harmless requirements, show proof of the property owner's approval, obtain and sign the temporary use permit, pay the fees and deposits (if applicable). City staff will attach the "Standard Conditions for Filming/Photography- Determined to Have Minimal Impact," (Exhibit "B "), to the temporary use permit and the process is completed. B) Use of Public Property and /or High Street: Application will be circulated to various City departments to allow them to an opportunity to comment on the project, stipulate special conditions above those provided in the standards, and to heighten their awareness to the proposal. These comments are then combined into the "Standard Conditions for Filming /Photography- High Street and the Use of Public Property," (Exhibit "C") and a draft is sent (or faxed) to the applicant. During the same time period, the applicant can move forward with County contacts, approvals for the use of property other than that owned by the City, and preparing a solicitation for public information for City approval. After the City approves the solicitation format the applicant can begin to solicit public input. When the solicitation has been completed, and all other required documents have been received by the City, the conditions are finalized and the permit is issued. 4 00210 A two week lead time is estimated for this process, but the majority of the work is reliant upon the applicant's ability to complete the solicitation and the obtain the appropriate approvals. C) "Significant Impact": All of the procedures itemized for "B" above shall apply. The conditions will most likely involve the police department, be significantly more complex, and require more time to draft. A walk - through of the event location is generally needed. If deemed necessary, the event will be placed on the Council's agenda for consideration and for public input. During the Event 7) During the event, the City may or may not be present, based on the perceived impact to the community: A) Minimal Impact- no City staff or inspectors are required. B) Use of Public Property /and or High Street- a City inspector and /or Police officer will be on site at all times. C) Significant Impact- at least one City police officer will be on site at all times. 8) Under any of the three categories described in "7" above, the City will include a condition that the City may revise the permit conditions if in the City's sole discretion, circumstances warrant such action. If the circumstances causing the need for new conditions cannot be mitigated, the event may be terminated by the City. The City will be reimbursed for its costs. After the event 9) An inspection of the public property will occur after the event, (when applicable), and any causes for concern will be addressed. 10) If applicable, a refund of the deposit for police and /or City 5 00211 staff will be initiated. The applicant is required to pay the City for costs which occur above the deposit amount. 6 00212 EXHIBIT A TO ATTACHMENT A CITY OF MOORPARK APPLICATION FOR FILM PERMIT COMMERICAL MOTION PIC`PURELSTILL PHOTOGRAPHY PART 1 DAT (To Be Completed By Applicant) COMPANY NAME ADDRESS ._- _ (zip) -----.-PHONE REPRESENTATIVE LOCATION SUPERVISOR _ FILMIMG DATES _ _._ _. _._____TOTAL DAYS_ PRODUCTION TITLE SUMMARY OF PROPOSAL LOCATIONS AND TIMES YES NO Y ES NO YES NO STREET TRAFFIC CLOSURE CONTROL ANIMALS PYRO SPEC. TECHNICS CONDS. _ If. Yes, Please Explain NUMBER OF VEHICLES: Trucks Cars Vans Other Total NUMBER OF PERSONNEL: Cast Crew Other Total A Certificate of Insurance must be on hand with the City prior to filming. Please attach proof of insurance to include name of company, policy number and amount_ The certificate shall not be subject to cancel l.ati on or mod f i c iti on unti 1 after 30 -days written notice to the City. Applicant Signature 0021 EXHIBIT B TO ATTACHMENT A STANDARD CONDITIONS FOR FILMING /PHOTOGRAPHY EVENT DETERMINED TO HAVE MINIMAL IMPACT Per the attached description of the proposed filming project, (Attachment "A" Film Permit Application), the following conditions apply. 1. General Requirements Permit fees of $ will be received by the City by at . Payment of any additional costs incurred by the City as a result of this project will be the responsibility of the applicant. All insurance requirements and hold - harmless agreements stipulated in Exhibits "A" and "B" of this letter shall be completed before All permits will be executed by the applicant prior to filming. A locations agreement for the use of public or private property will be on file with the City for the activities proposed by the applicant, prior to 2. Regulatory Requirements No signs are permitted on public right -of -way. A representative from the County of Ventura's Fire Protection Bureau will be present during all aspects of the project. The flow of traffic generated by this project through Moorpark will avoid whenever possible, the use of arterial or collector streets. There will be no parking of project vehicles on City streets. The City reserves the right at its sole discretion, if circumstances warrant such action, to impose additional conditions at any time during this event. If the 00214 circumstances causing the need for new conditions cannot be mitigated, the event may be terminated by the City. Attachments A) Film Permit Application Exhibits A) Insurance Agreement B) Hold Harmless Agreement 00215 EXHIBIT C TO ATTACHMENT A DRAFT STANDARD FILM PERMIT REQUIREMENTS FOR HIGH STREET, AND THE USE OF PUBLIC PROPERTY The following standard conditions are applicable to all filming /photography projects ("event") located within the political boundaries of the City of Moorpark which propose to use City property, State Highways, and /or High Street. A temporary use /zone clearance permit and /or encroachment permit is required for all events described above. The temporary use permit will include permit conditions which at a minimum, require that the following standard conditions be met. Any additional permit requirements will be tailored to each specific activity based on event descriptions included in the City Film Permit Application form. A. OPERATIONAL RESPONSIBILITIES 1. Obtain related permits and pay the attached fees as and /or deposits required by applicable City Resolutions within two working days of the applicant's initial preparation for the event. 2. Accept responsibility for any direct costs (including but not limited to police costs) to the City of Moorpark which occur during the event that are not anticipated during the calculation of the permit fees. 3. Submit a cleanup plan for event to be implemented during and after the event as necessary. 4. Obtain written notice of the intent to conduct this event from all business owners and residents within 1,000 feet of the proposed set, in a form acceptable to the City, (which must be approved by City prior to solicitation), which includes the business owner's or resident's right to protest the event, and provide this information to the City at least five working days before the initiation of event activities; 00` >16 B. FILMING SET 1. The Applicant will provide proof of the property owner's approval for the use of the subject property(s) (location agreement) prior to any processing of the permit application. 2. The specific use of generators and lights will be detailed on an event map, to include the time that this equipment will be used, and the exact locations. 3. All City sidewalks will remain open to pedestrian traffic at all times, except as approved by the City in the event Application. Interim Traffic Control 4. This permit may allow interim traffic control on public streets. If so, the traffic will be controlled in a manner consistent with the requirements stipulated by the Moorpark Police Department and Director of Public Works. Traffic will not be required to wait during intervals for more than three minutes each unless specific written approvals by the City are granted for this activity. All efforts to minimize the need for traffic control shall be pursued to the City's satisfaction by the applicant. 5. In general, the parking of vehicles to be included as props shall be permitted on public streets (if not otherwise restricted). Parking space(s) must be posted as "reserved" at least 48 hours in advance of the need to reserve these spaces, as indicated in the event Application. The applicant is required to install adequate street signs or compensate the City for doing so, in order to reserve parking spaces. C. PARKING /FOOD SERVICES 1. No vehicles related to the filming crew or equipment will be allowed to be parked in City streets, unless approved in writing. A -C2 6 021t7 2. The use of private and /or public property for crew and equipment vehicles is permitted for parking as long as approval from the property owner is received prior to submittal of the Application. 3. Food services will be provided in one designated area, and not on public right -of -way. Rostrum facilities (if needed) and rubbish disposal will also be provided in this area. D. HEALTH AND SAFETY 1. Temporary restroom facilities may be required by the City and if so, will be provided by the applicant for all related filming staff, as needed, and as specified in writing by the City. These facilities will remain locked when not in use, and be promptly removed within twenty - four hours of the end of the event activities. 2. The doorways, driveways, alleys and fire exits of all businesses or houses must be kept clear, providing normal access by emergency vehicles if needed. 3. Two police officers are required on the filming set and related areas during all interim traffic closures. Officers will be compensated by the applicant, dependent upon the rank of the officers who can perform these duties, and billed a the associated overtime rates established by applicable City Resolution. This compensation is made directly to the City per the attached fee and deposit requirement. 4. There will be one representative from the County of Ventura's Fire Prevention Bureau on site at all times as required by the County of Ventura. The applicant is responsible for and arranging for reimbursement to the County of Ventura for these costs. 5. All permits related to the use of generators with an internal combustible engine 50 horsepower or larger are required to have a valid "Permit to Operate" from the A -C3 ()0?18. Ventura County Air Pollution Control District. Proof of this permit is required by the City. 6. All food services provided by temporary catering services at or near the event locations, shall do so only after presenting proof to the City that valid health permits from the County of Ventura have been obtained. E. OTHER 1. Obtain appropriate insurance for the event naming the City as an additional insured, as presented in Exhibit HA", and provide to the City Clerk no less than 5 days prior to the event. 2. Sign the indemnification statement, (Exhibit "B "). 3. There will be no signs posted on public right -of -way related to this project in the City of Moorpark. 4. Other conditions may be requested by the City at the discretion of the City Manager or designee at any time prior to and during the event if deemed necessary for the protection of private property, business owners, or the health and welfare of the public. 5. By signing the Temporary Use Permit, the applicant has agreed to the conditions stipulated by the City. Failure of the applicant to meet the conditions described in this permit or any subsequent changes or additions to these conditions which may occur, may result in cancellation of the project by the City at any time. A -C4 00219 EXHIBIT OAR INSURANCE REQUIREMENTS Applicant's Business Name agrees to obtain and keep in full force and effect the following insurance coverage for the period of the subject event. Further agreeing to provide the City of Moorpark and its officers, employees, servants and agents with a certificate of insurance verifying that the City of Moorpark has been added to the policy as an additional named insured for the coverage outlined below without deductible. The Certificate of Insurance shall provide for a ten day notice from the insurance carrier to the City of Moorpark in the event the insurance is to be canceled. Description of Coverage Level of Coverage General Liability each occurrence and general aggregate $1,000,000 Personal Injury Aggregate $1,000,000 Applicant A -CS 0 0~20 EXHIBIT "B" INDEMNIFICATION AGREEMENT Applicant's Name hereby agrees to indemnify, defend and hold harmless the City of Moorpark and its officers, employees, servants and agents, from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to, death or injury to any person or injury to any property, proximately resulting from any act or omission of Applicant's Name or any of its officers, employees, servants, agents, or participants in the proposed filming event to occur on Event Date (s) at Applicant Location and any properties that are publicly owned, including the sidewalks, and the general proximity thereof. Applicant A -C6 DRAFT FORM LETTER DATE REPRESENTATIVE RE: Film Permit for "(FILM NAME)" Dear Please find attached the conditions required for filming on at The deposit required is $ which must be received two working days prior to the initiation of event activities, along with insurance certificates, signed waivers and signed permits. The estimated deposit includes City film permit fees, a deposit for police assistance and the rental of City property. The deposit for police services is refundable in the event that actual costs are less than estimated. The deposit is calculated by taking the total estimated cost plus an additional 50% for police staff time. The conditions are based on the City's "Standard Film Permit Conditions for Public Property, and /or High Street, plus any additional needs anticipated by the City as they may pertain to your event. Most if not all of these conditions have been discussed between the City and your staff. Please inform the City immediately if the activities of the event change in any way. Changes that occur without City approval may result in the revocation of this permit. Please feel free to contact me if any changes need to be made at (805) 529 -6864, extension A -C7 0 f`�22 ATTACHMENT B RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING APPROVAL OF FILM /PHOTOGRAPHY PERMIT FEES WHEREAS, it is appropriate for the City to establish fees for filming and photography activities in the City of Moorpark; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. All fees presented in this resolution shall be applied independent of other charges applicable to filming /photography activities in the City such as the cost of police during the event, rental of City property and other miscellaneous expenses. SECTION 2. All costs which occur during the filming event shall be billed by the City on a per hour charge for actual expenses, based on the applicable City Resolution, and are in addition to those fees set forth in this resolution. SECTION 3. That the City Council hereby approves the fee schedule presented below: A) Preliminary Review Fee $100 Per Application B) City Film Permit Fee $600 Per Day SECTION 4. A deposit of $600 is required to initiate the processing of the permit in addition to the preliminary review fee. SECTION 5. All applications for a Film Permit which are submitted from persons or companies that are permanently located in the City of Moorpark as a business and /or represent a non - profit organization (and have verified the non - profit status by submitting a copy of the Internal Revenue Service 501.C.3 document) will be exempt from these fees and billed at actual City costs (including overhead), per the app icable City resolutions establishing said rates. 00223 APPROVED AND ADOPTED this day of October 1994. ATTEST: Lillian Hare, City Clerk Paul W. Lawrason Jr., Mayor 0 0224