Loading...
HomeMy WebLinkAbout2002-10-08 - AGENDA REPORTS - SANTA CLARITA FILMING POLICY (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approva Item to be presented by: Jason Crawford DATE: October 8, 2002 SUBJECT: ORDINANCE ESTABLISHING FILMING POLICY FOR CITY OF SANTA CLARITA DEPARTMENT: City Manager RECOMMENDED ACTION City Council conduct a public hearing and introduce an ordinance establishing filming policy for City of Santa Clarita. BACKGROUND Santa Clarita has had a long relationship with the filming industry. We have a rich history of commercial filming in the valley and we continue to be a popular spot for on -location filming. Also, many area businesses are film industry -related as well as a large number of residents who derive their income either directly or indirectly from the filming industry. While we hope to attract more filming, as it is extremely beneficial to the Santa Clarita economy, we also need to ensure that the general public is not excessively infringed upon by location filming. Staff has met with several community groups including the volunteer film committee, Newhall Redevelopment Committee, Old Town Newhall Association, and with various local film industry professionals to discuss filming concerns. Feedback has been positive and supportive of this ordinance. According to California State Code 14999.21 each City and County shall adopt a filming policy. The CA State Code reads, "The California Film Commission shall send to each city and county a copy of the model process for granting film permits for local consideration. Not later than December 31, 1989, each jurisdiction shall adopt this process or inform the California Film Commission in writing as to why they cannot or need not adopt this model process." At present, there is no policy regarding filming in the Santa Clarita Municipal Code. This ordinance has been modeled after the California Film Commission `model film ordinance' and is similar to ordinances adopted by other cities. The California Film Commission has reviewed and endorsed this ordinance as being `film -friendly'. I P-9 J� flo,'Jitil Agenda item: Currently, the Entertainment Industry Development Corporation (EIDC) issues film permits for the City of Santa Clarita. The EIDC was created in the early 1990's as a partnership between the City of Los Angeles and the County of Los Angeles. They issue permits for all of unincorporated Los Angeles County as well as four of the eighty-eight cities within Los Angeles County, including Santa Clarita. Regardless of whether we continue to have the EIDC issue film permits for Santa Clarita or not, this ordinance is necessary as the foundation for establishing policy regarding filming within the City. ALTERNATIVE ACTION Other action as determined by Council FISCAL IMPACT There is no fiscal impact associated with this item. ATTACHMENTS Ordinance. JGjc ms\ccagenda\10-08-02\agn-filmpolicy.doc CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, California. on the 8th day of October, 2002, at or after 6:00p.m. to consider adoption of an Ordinance establishing rules and regulations within a proposed film policy. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Manager's Department, Santa Clarita City Hall, 23920 Valencia Blvd., Third Floor, Santa Clarita, CA. 91355, (661) 284-1425- Jason Crawford, Administrative Analyst. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: September 18, 2002 Sharon L. Dawson, CMC City Clerk Publish Date: September 22, 2002 phfilm ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING CHAPTER 11.46 TO THE SANTA CLARITA MUNICPAL CODE ESTABLISHING FILMING POLICY The City Council of the City of Santa Clarita, California, does hereby ordain as follows: SECTION 1. Chapter 11.46 is hereby added to Title 11 of the Santa Clarita Municipal Code to read as follows: 11.46.010 Definitions. "Charitable Films" shall mean motion picture, television, or still photography produced by a nonprofit organization, which qualifies under Section 501(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. "City Produced Public Access Films" shall mean motion picture, television, or still photography produced by or in association with the City. 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. "Motion Picture. Television, Still PhotoeraAhv" shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials and to the taking of single or multiple photographs for sale or commercial use where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes. "News Media" shall mean the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen. "Student Films" shall mean motion picture, television, or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled. "Studio" shall mean a legally established, commercial, motion picture/television/still photography, place of business where filming activities (motion or still photography) are regularly conducted inside a studio/stage upon the premises. 11.46.20 Permits and Exemptions. a. Permit Required: No person shall use any public or private property, public right-of-way, facility or residence for the purpose of taking motion pictures or television pictures or still photography without a permit issued pursuant to the provisions of this Ordinance. b. Exemptions: The provisions of this Ordinance shall not apply to or affect: 1. News Media. 2. City Produced Public Access Films 3. Family Video: The filming or videotaping of motion pictures or taking of still photographs solely for private use. 4. Studio Filmine: Filming activities (motion or still photography) conducted in a studio. 11.46.30 Rules and Regulations. a. Rules: The City Manager's designee is hereby authorized and directed to promulgate rules and regulations governing the form, time and location of any film activity set forth within the City. He/She shall also set forth the procedures for the issuance of permits. The rules, regulations, and procedures shall be based upon the following criteria: 1. The health and safety of all persons; Avoidance of undue disruption of all persons within the affected area; 3. The safety of property within the City; and 4. Traffic congestion at particular locations within the City. 11.46.40 Applicants and Issuance: Any person desiring a permit under the provisions of this Ordinance shall make application on the appropriate form provided by the City Manager's designee. The form must be signed and accompanied by all required fees, deposits, and insurance certificate required by this Ordinance before it will be processed. a. Issuing Authority: The person or body responsible for issuing permits under this Ordinance shall be designated by the City Manager. b. Issuance: The City Manager's designee shall issue, conditionally issue, or not issue a permit as provided for in this Ordinance after consideration of the application and from such other information as may be otherwise obtained. The decision of issuance will be final unless appealed in writing within five (5) working days of the decision by requesting a hearing of the City Manager and/or the City Manager's designated appeal officer at his/her earliest convenience. 11.46.50 Permit Fees. Each application shall be accompanied by: a. A processing fee in an amount to be established by resolution of the City Council to reimburse the City for staff time required to evaluate the application and establish conditions of approval and to monitor the activity. The processing fee shall not apply to or affect: 1. Charitable Films 2. Student Films b. A daily property use fee in an amount established by resolution of the City Council to compensate the City for the use of public property and its unavailability for ordinary and usual purposes resulting from the filming activity. The property use fee shall not apply to or affect: 1. Charitable Films 2. Student Films 3. Productions conducted wholly on private, County, or State property where no vehicles or equipment are parked or stored on City property or rights-of-way, where no traffic control measures are required and where the production activity will not in any respect interfere with the use and enjoyment of City property, public streets and neighboring property. 11.46.060 Liability Provisions. a. Liability Insurance: Before a permit is issued, a certificate of insurance will be required in an amount not less than $1,000,000 naming the City of Santa Clarita as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage and to indemnify the City for damage to City property arising out of the permittees' activities. The certificate shall not be subject to cancellation or modification until after thirty days written notice to the city. Such insurance shall be evidenced by the standard General Liability Special Endorsement Form mandated by the California Film Commission. A copy of the certificate 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. Performance Deposit: To ensure cleanup and restoration of the site, an applicant may be required to post a refundable deposit, or cash in lieu of bonds, (amount to be determined) at the time application is submitted. Upon completion of filming and inspection of the site by the City, the deposit may be returned to the applicant. 11.46.070 Violation. If an applicant violates any provisions of this Ordinance or a permit issued pursuant thereto, the City may cancel the permit. Violation of the terms and conditions of the film permit is considered a misdemeanor. And a penalty fee may be assessed. SECTION 2. If any part of this Ordinance is held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remains in full force and effect. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this day of ,2002 ATTEST: CITY CLERK STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) CITY OF SANTA CLARITA) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 2002. That thereafter, said Ordinance was duly passed and adopted at regular meeting of the City Council on the day of , 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on October 8, 2002, the City Council of the City of Santa Clarita introduced an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING CHAPTER 11.46 TO THE SANTA CLARITA MUNICIPAL CODE ESTABLISHING FILMING POLICY A certified copy of the complete text of the ordinance is posted and may be read in the City Clerk's Office, 23920 Valencia Boulevard, Suite 304, Santa Clarita, and/or a copy may be obtained from that office. Dated this 9th day of October, 2002. d 42 Sharon L. Dawson, CMC, City Clerk City of Santa Clarita STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) Sharon L. Dawson, being first duly sworn, deposes and says that she is the duly appointed and qualified City Clerk of the City of Santa Clarita and that by Thursday, October 10, 2002, she caused a certified copy of the subject ordinance to be posted and made available for public review in the City Clerk's office and a copy of the ordinance summary to be published as required by law. Sharon L. Dawson, CMC, City Clerk City of Santa Clarita