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HomeMy WebLinkAboutMINUTES - 10081996 - SD2 TO: BOARD OF SUPERVISORS - - Contra FROM: Barton J. Gilbert, Costa Director of General Services - County DATE: October 8, 1996 SUBJECT: Filming Ordinance Fee Schedule SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Conduct public hearing on setting fees for filming ordinance; find that all required notices have been given for hearing; close hearing; and adopt fees for filming permits. BACKGROUND The provisions of AB 4680 passed in 1989 require the adoption of a filming ordinance by cities and counties, using the model process developed by the California Film Commission. Included in the model process is a provision for the adoption of fees for film permit services. The ordinance was adopted on October 8, 1996. Publication requirements of Government Code Section 6062(a) have been met. A notice of this public hearing appeared in the Contra Costa Times on September 18 and September 25, 1996. FISCAL IMPACT There should be no fiscal impact upon the County, since fees are designed to recover all costs associated with the granting of a filming permit. CONTINUED ON ATTACHMENT: . X YES SIGNATURE: RECOMMENDATION OF COUNTY:ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 0 c L o b e r 8 , 1996 APPROVED AS RECOMMENDED X OTHER IT IS BY THE BOARD ORDERED that the Hearing is closed ; Ordinance 96/39 is ADOPTED; and the fees for filming permits are AAP` A'OVI-D . (See attached for fees) VOTE OF SUPERVISORS x UNANIMOUS(ABSENT ----- ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN MEDIA CONTACT: BARTON J.GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: General Services Administration County Counsel ATTESTED October 8 . 1996 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERI/1SOR ANDCOUNTY ADMINISTRATOR BY DEPUTY M382 (10/88) �fl2 FEE SCHEDULE FOR FILMING PERMIT The following fees shall apply to filming in Contra Costa County. 1. A $25 application fee shall be charged to cover the cost of permit issuance. In addition, a fee which shall reasonably reflect the cost of providing services occasioned by the filming, including administration, police, fire, and other necessary services, shall be paid by the applicant upon filing of an application with the County Film Coordinator. 2. Actual fees shall be no greater than the actual cost of providing the services required by the applicant. Any excess of the application fee shall be refunded to the applicant as provided in the County ordinance governing filming. 3. A cancellation fee not to exceed the actual cost expended for services provided prior to said cancellation shall be assessed to the applicant. Adopted by the Contra Costa County Board of Supervisors on October 8, 1996 t i" y ORDINANCE NO. 96-39 (Filming Permits) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. This ordinance adds Chapter 56-8 to the County Ordinance Code, to provide a process for granting filming permits. SECTION 11. Chapter 56-8 is added to the County Ordinance Code, to read: CHAPTER 56-8 FILMING PERMITS Article 56-8.2 General 56-8.202 Purpose. Filming permits shall be granted in accordance with the requirements and procedures set forth in this chapter. (Ord. 96-__39, § 2: Gov.Code, § 14999.21.) 56-8.204 Administration. The director of general services is responsible for administering this chapter, and is authorized to promulgate rules or regulations consistent with and necessary for its efficient administration. (Ord. 96-_39 ,§ 2.) 56-8.206 Liaison. The director of general services or his designee shall work cooperatively with the film industry to expedite the permit process by coordinating all county department reviews and approvals. (Ord. 96- 39• § 2.) Article 56-8.4 Permits 56-8.402 Required. No person shall engage in commercial motion picture production on public property or requiring public services without obtaining a filming permit pursuant to the provisions of this chapter. (Ord. 96-__3.9, § 2.) 56-8.404 Application. An applicant for a filming permit may commence the application process by providing all application information to the County by telephone. (Ord. 96-39 § 2.) 56-8.406 Form. The application and permit shall be on the form developed by the California Film Commission, which must be signed by an authorized representative sD,2 of the applicant. (Ord. 96%aL § 2.) 56-8.408 Insurance. The applicant shall, at no cost to County, furnish evidence of comprehensive liability insurance coverage, including coverage of owned and non- owned automobiles, with a minimum combined single limit coverage of at least $1,000,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including loss of use thereof,,arising out of each accident or occurrence. The County, its officers and employees shall be named as additional insureds, and coverage shall not be cancelled or reduced in coverage or limits except after 30 days' written notice to County. Evidence of coverage shall be provided on the standardized insurance form approved by the California Film Commission. (Ord. 96-3g_, § 2.) 56-8.410 Issuance. (a) Permits shall be issued within the following time limits: (1) Permits not requiring traffic control exceeding three (3) minutes shall be issued within two (2) working days of completion of application. (2) Permits requiring traffic control exceeding three (3) minutes shall be issued within four (4) working days of completion of application. (3) Permits requiring road closures shall be issued within ten (10) working days of completion of application. (b) An application shall not be deemed complete until all required information is provided, all fees are paid, the application is properly signed, and evidence of adequate insurance coverage is provided to the director of general services. (Ord. 96-39, § 2.) 56-8.412 Hold Harmless. As a condition of obtaining a filming permit, the applicant shall defend, indemnify, save and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, injury, or death arising directly or indirectly from or connected with the permit, due to or claimed to be due to negligent or wrongful acts, errors or omissions of the applicant or any person under its control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County, and will make good to and reimburse the County for any expenditures, including reasonable attorneys fees, the County may make by reason of such matters and, if requested by the County will defend any such suits at the sole cost and expense of the applicant. (Ord. 96-39, § 2.) 56-8.414 Amendments. Permits may be amended from time to time to accommodate minor changes to the permit. The amendment shall be in the form of an attachment to the permit. A permit may not be amended or extended after the ORDINANCE NO. 96-39 Page 2 wr completion of filming activity. (Ord. 96-_L9 § 2.) 56-8.416 Copy. The applicant shall have a copy of the permit on site at all times, and shall make the copy available for inspection by the director of general services or his designee. (Ord. 96-39 § 2.) 56-8.418 Other agencies. The director of general services shall note on the permit any other local agencies known to the director which may have jurisdiction over the actions authorized by the permit. (Ord. 96-39,, § 2.) Article 56-8.6 Fees 56-8.602 Fees. The applicant shall pay all required fees, which fees shall reasonably reflect the cost of providing services occasioned by the filming, including permit issuance, administration, police, fire and other necessary services. (Ord. 96-_L9. § 2.) 56-8.604 Refund. The director of general services shall establish a cancellation fee, which shall be retained by the County if the applicant cancels the permit after 3:00 p.m. of the last working day before the scheduled filming is to commence. (Ord. 96- 39, § 2.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED and ADOPTED on October 8, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By LTF Deputy air of the Board 8eii1rwrd5.96 ORDINANCE NO. 96- 39 Page 3 N >_ .Lr)-� cr o Q m ~ o � o klo w ON 1 ~z cYn V w 'd a v o zu, F—I -4 rn o p .-1 o m W m U O H A ] r-t P W 1 0 OO Um N U) M Q O al N a 0 W Xca 4-J f�� W v I O F W W CJ O M N O � z � -14 Wo o � Wa 0 C14 - } m MCC) Q O � m Q' p U Z O � z w Q m J z V O = V Wj Q w O Uj w ¢z Ow ir IL U w ~ O v w w a It cco ap � a U 0 Ir O � 0-0 U) m o WU) z z CJ �O ac m¢ W(D F DF- 2� Q Na Z z v10O ~02 F- oa U iro 0 Lr = O U-) m F- 0 z 6a WW H o o ) 00 v o pp as D) z V U � cr x a--) w 'd +�-i Z z .14 a] W cd E U Z w U a 3 CL � a o Lu` z CC p rn Q m LU O � Ckc 'ty a D w0BC) � > WZ00Er aLL 3 —1-I .� z Cl) 1; - u~i W U w I r-1 r-I W U) C7 U Z —CV)-a mo WU z CIS(L � A d N o � -<n W O}W wm H M a1 Q Cc Cl) U X Z 0 ui a: ~ a `� c� O QCC W = a °� ° N .c ~ U Oq N N • , W W Cc a m w � U U] +r Q z U �¢ W as A4 N s U' Um O W OJ U O ... \ � O>j `"'I Z Q g "d ' 4-) � 'p }, (n ZZ b M o �o b' 4- 0 p0 Lr, E co co LnLL COW l) U W= Z� �._ U) 000 Q 4-J c� > >0w ' y t0 v UUU arcz �a � U, z 0 E0 a • Ca � W =Z 0� CL. O Q d a � _ 00 mQ) � s_. aZ F' Q (DUN(n ) � -------- (1) = — � F- O dQOW[ �z CD OC U� ¢ Contra Costa GENERAL SERVICES DEPARTMENT County MEMO FROM Dorothy C. Gass -73: Or RE ED SEP i 21996 � �- 7117. BOARD OF supRVISORS C�RKCONTRA COSTA CO. NOTICE OF PUBLIC HEARING (Filming Permit Fees) Notice is hereby given that on October 8, 1996, at 10:15 AM, in the Board of Supervisors Chambers, County Administration Building, 651 Pine Street, Martinez, California, the Board of Supervisors will hold a public hearing on the establishment of fees for filming permits. Oral and/or written presentations on the fees can be made at that time. Barton J. Gilbert Director of General Services Contra Costa County Publish September 18 and 25, 1996 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of ) Notice of Hearing on Filming Permit Ord. ) ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been , a citizen of the United States , over age 18; and that today I_ deposited in the United States Postal Service in Martinez , California , postage fully prepaid , a certified copy of Notice of Hearing as attached to the following : BIA of Northern CA Jeff Lawrence Mr. Guy Bjerke Braddock & Logan P.O. Box 5160 4155 Blackhawk Plaza Cir. San Ramon, CA 94583 Suite 201 Danville, CA 94506 Albert- D. Seeno Const. Co. Attn: Legal Dept. 4021 Port Chicago Highway Concord, CA 94524 David Lennon Hofmann Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 So. Main Street #150 Walnut Creek, CA 94596 . I declare under penalty of perjury that the foregoing is true and correct. Dated September 27, 1996 at Martinez , California. Cervelli, Deputy Clerk 3