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HomeMy WebLinkAboutR23-Redevelopment Agency 1- ~ RJlVELOPMENT AGENCY.&..ST FOR &"ISSION/COUNClL AIION ~;, tfm: Glenda Saul, Executive Director Dept: Redevelopment Agency Subject: ORDINANCE - PROVIDING FOR MOTION PICTURE AND TELEVISION PRODUCTIONS PERMITS Date: JUNE 28, 1985 Synopsis of Previous Commission/Council action: 4-15-85 Approved motion authorizing staff to develop a program for promoting film production in he City of San Bernardino Recommended motion: (MAYOR AND COMMON COUNCIL) . ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.64 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR MOTION PICTURE AND TELEVISION PRODUCTION PERMITS a) WAIVE FURTHER FIRST READING OF ORDINANCE AND LAY OVER FOR FINAL ADOPTION; OR b) WAIVE FURTHER FIRST READING OF ORDINANCE AND REFER TO LEGISLATIVE REVIEW COMMITTEE ,~.,~~ Signature Contact person: GLENDA SAUL FUNDING REQUIREMENTS: Amount: $ N/A Phone: 383-5081 Ward: N/A Project : N/A Date: JULY 1, 1985 Supporting data attached: YES No adverse Impact on City: .Cil Notes: Agenda Item No. R..;J. ;.. __ l153JJ.EB__ CIA OF SAN BERNARD.to - REQU.I-r FOR COUNCIL ACftON . . . 75-0264 STAFF REPORT On 4-15-83, the Community Development Commission authorized Staff to develop a program for promoting film production in the City of San Bernardino. During May, Staff met with various representatives of the Film Industry and the California Film Commission. On June 13, a meeting was held among effected city departments. The result of that meeting is the Ordinance before you. If the first reading is approved, the second reading will occur at the July 15 regular meeting. The Ordinance would take effect 30 days after approval of the second reading. There has been interest expressed by one film company to film in San Bernardino in September of 1985. This Ordinance would need to be in effect for that to occur. The Ordinance contains the followina: .) Requires a permit to film in the City of San Bernardino with the following exemptions: 1) Filming solely for private or family use 2) Filmina for use in a criminal investigation or civil judicial or administrative proceedings 3) Filming for news purposes b) The City Administrator shall furnish the application form and process the permit. 1) Application form and permit must be submitted at least two days prior to the proposed filming 2) There will be no fee charged for the permit 3) The City Administrator's Office will review each application to determine if the use will unreasonably interfere with the public health and safety 4) Liability insurance of not less than $1,000,000 must be provided 5) Property damage insurance of not less than $1,000,000 must be provided 6) The City Administrator may revoke the permit for noncompliance (Cont. on Pg. 2 of Staff Report) - 2 - 1';', CIA- OF SAN BERNARDlo - REQUaT FOR COUNCIL AC.frON . . . 75.0264 (Cont. fro Pg. 1 of Staff Report) STAFF REPORT 7) The City Administrator is the designated officer and shall have the authority to waive any time limits otherwise applicable under the Municipal Code to approve temporary street closings, and to issue other temporary permits as the Mayor and Common Council could do if time were available for submission to the Mayor and Common Council Staff is seeking your consideration of this item on our Supplemental Agenda in order that the ordinance will be effective August 15th. The Film Industry has expressed a desire to use San Bernardino in September. The drafting of the Ordinance took additional time due to already approved vacation schedule of Agency Counsel. 1153J/EB 7-1-85 - 3 - -,"'C',''''' . . . . . ] 2 3 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 12.64 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE POR MOTION PICTURE AND TELEVISION PRODUCTION PERMITS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 4 DO ORDAIN AS POLLOWS: 5 SECTION 1. Chapter 12.64 of the San Bernardino Municipal 6 Code is hereby added to read as follows: 7 .Chapter 12.64 8 MOTION PICTURE AND TELEVISION PRODUCTION PERMITS 9 12.64.010 Purpose. 10 It is the policy of the City of San Bernardino to permit a 1] motion picture and television production industry to utilize the ]2 variety of backdrops afforded within the City of San Bernardino 13 as locations for filming of or video taping for motion picture . 14 production so long as the use of locations within the City does 15 not unreasonably interfere with the public health and safety or 16 unreasonably endanger any property. It is the purpose of this 17 chapter to provide for rules and regulations governing the issues 18 of permits for filming or video taping on location within the 19 City in order to ensure that motion picture and television 20 production companies wishing to use locations within the City 2] will not be unduly restricted so long as their activities in this 22 regard are not inconsistent with considerations of the public 23 health and safety and the protection of property. 24 12.64.020 Permit required. 25 Except as otherwise provided in this chapter, it shall be 26 unlawful for any person to engage in the business or activity of . 27 filming, video taping or producing motion pictures on motion 28 picture film or electronic video tape for public exhibition as 1 . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 motion pictures or for television, at any place within the City, other than at or in an established motion picture or television studio, without a permit from the City Administrator. Any person violating any provision of this chapter is guilty of an infraction, which upon conviction thereof, is punishable in accordance with the provisions of Section 1.12.010, Subsection B of this Code. 12.64.030 Exemptions. The provisions of this chapter shall not apply tOI A. The filming or video taping of motion pictures solely for private or family use, B. The filming or taping of motion pictures for use in a criminal investigation or civil judicial or administrative proceedings, C. The filming, video taping or production of motion pictures for news purposes. -News purposes- under this section shall mean the filming or video taping for television news broadcasting by reporters, photographers or cameramen in the employ of a newspaper, news service, television broadcasting station, or similar entity, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest. 12.64.040 Application form. The City Administrator shall furnish an application for such permit. Such application shall request the following information: A. Full name of applicant, B. Business name of applicant (if different), 2 .. . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Business address of applicant, D. Business telephone of applicant, E. Location(s) of proposed filming or taping, F. Date(s) and time(s) of proposed filming or taping, G. Lists which include the make, type and license number of all motor vehicles that applicant, its agents or employees will park on City streets or parking lots during filming, H. Services of City employees desired or required on location during filming, I. Description of scene(s) to be filmed or taped, J. Name of person in charge on location, K. Such other information as the City Administrator may deem necessary or desirable. 12.64.050 Time for filing application. Application shall be presented to the City Administrator at least two (2) days in advance of the time that the proposed filming, taping or production is to commence. 12.64.060 Granting - Denial. The City Administrator shall approve the application and issue a permit for such activity unless he or she determines that the proposed use will unreasonably interfere with the use and enjoyment of the property by the public, result in damage or injury to the property, or will unreasonably affect or interfere with the use of neighboring property by the owners or occupants thereof. If the application is approved, the City Administrator shall attach such conditions to the permit as he or she finds are necessary to assure that the activity will not unreasonably interfere with the use and enjoyment of neighboring public and private property. 3 ,. .. . . . e ,"' . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12.64.070 Fee. No fee shall be charged for the issuance of any such permit. 12.64.080 Insurance. No permit may be issued unless the applicant provides evidence of insurance in a form approved by the City Attorney. Such insurance shall include a certificate naming the City as an additional insured, and shall indemnify and protect the City, its officers, employees and representatives from liability for uses as provided for in the permit with limits of not less than one Million ($1,000,000) Dollars for bodily injuries, including accidental death, on account of anyone occurrence, and in an amount of not less than One Million ($1,000,000) Dollars for property damage on account of anyone occurrence. The provisions of this subsection may be waived or reduced by the City Administrator if he finds that the proposed activity involves no risk or a minimal risk to persons or property so as to warrant a waiver or reduction or insurance requirements. 12.64.090 Suspension and revocation. If any person fails to comply with any condition of a permit, the City Administrator may forthwith suspend or revoke the permit. 12.64.100 Designated officer. The City Administrator is designated as the officer to process each application under the provisions of this chapter. The City Administrator, or his or her designee, shall coordinate any matters involving investigation or determination affecting the granting of a permit, and, after the granting of any permit, shall coordinate all City officers and services to provide such 4 r .. . . . '.,' . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 assistance in tbe filming as is reasonable under tbe circumstances. To effectuate tbe purposes of tbis cbapter, tbe City Administrator sball have authority to waive any time limits otberwise applicable under tbe San Bernardino Municipal Code, to approve temporary street closings, and to issue sucb otber temporary permits as the Mayor and Common Council could do if time were available for submission of sucb matters to the Mayor " and Common Council. I HEREBY CERTIFY tbat the foregoing ordinance was duly adopted by the Mayor and Common Council of tbe City of San Bernardino at a meeting thereof, held on tbe day of , 1985, by tbe following vote, to wit: AYES: Council Members NAYS: ABSENT: CITY CLERK of Tbe foregoing ordinance is bereby approved this , 1985. day Mayor of the City of San Bernardino Approved as to form: ~~/~ City Attorney 5