HomeMy WebLinkAboutStaff Report 298-06City of Palo Alto
City Manager’s Report
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL /
CITY MANAGER DEPARTMENT: CITY MANAGER’S
OFFICE
JULY 10, 2006 CMR: 298:06
REQUEST FOR WAIVER OF PERMIT FEES FOR FILMING
BACKGROUND
On June 26, 2006, Daniel Engelhardt, representing Anchange Productions, requested that
the Council waive all normal fees associated with his organization’s planned movie
production in Palo Alto. Mr. Engelhardt indicated that the production, while being made
by a for-profit organization, was better characterized as a student film. In Mr.
Englehadt’s words:
"The film is being directed by a Paly ~ad, and it was wa-itten by one as well. I graduated
from Menlo-Atherton. In regards to the "special" nature of this project - it is a film about
~-owing up in Palo Alto, being made by students from Pa!o Alto who are calling the film
PALO ALTO. It is also more than a student film - it has been surrounded with an
educational model that is allowing filmmakers of varying backgrounds and skill levels to
collaborate. We are working with college filmmakers from UCLA, USC, LMU, AFI,
Columbia College, SF State, UC Santa Cruz and more. Also on the crew is a group of
high school students from The Riekes Center and Culver City High School. Thanks to
Mole-Richardson, one of the oldest lighting companies in Hollywood, for the last few
days we have been holding training sessions through which all involved with the project
are being coached on fully professional equipment in an environment where they are
being mentored, and educated by their peers.
The City Council directed staff to discuss the proposal further with Mr. Engelhardt. On
June 29, the Assistant City Manager, Police Chief and Administrative Services Director
met with Mr. Engelhardt to review the proposal. Palo Alto receives, on average, 8 to 10
such filming fee waiver requests each year and has not granted any in the past to for-
profit organizations. However, staff believes that Mr. Engelhardt and associates are
sincere in their representations of their effort as a student production and an oppommity
to provide reco~tion for Palo. Alto.
CMR: 298:06
DISCUSSION
Staff is proposing an a~eement where normal filming permit fees will be waived with
the understanding that if Mr. Engelhardt’s film recovers all its costs of production, that
the fees waived will be repaid at that time. The normal permit fees for filming are shov~
in Attachment 1: Palo Alto Police Department Film Production Guidelines. This waiver
would not include any payment for use of police time, since all officer time required
would be on an overtime basis.
. RESOURCE IMPACT
Staff estimates that the amount of the fee waiver will not exceed $2000. Engelhardt will
be responsible for actual police overtime charges should they be incurred.
POLICY IMPLICATIONS
By approving the fee waiver, the Council may provide an opportunity for other for-profit
filming companies to request ~uch waivers.
ATTACHMENTS
Attachment A: Palo Alto Police Department Film Production Guidelines
Attachment B: Letter A~eement with Engelhardt and Anchange
PREPARED BY:
CITY MANAGER APPROVAL:
Assistant City Manager
FRANK BENEST
City Manager
CMR: 298:06
Attachment A
PALO AL TO
POLICE
DEPARTMENT
FILM
PRODUCTION
GUIDELINES
B~,4 CKGR O UND
The City of Palo Alto provides an excellent backdrop for film and video production
companies. The atmosphere, layout, and historical aspects of the City are very attractive
to the independent fihn maker, as well as major motion picture conglomerates. Although
requests for large scale films have been rare, several smaller companies have utilized
residential and commercial areas for filming in the past severa! years. The anticipation is
that this trend will continue. In addition, more individuals and companies see Palo Alto
as a viable resource for any special event.
PURPOSE
The purpose of these guidelines is to supplement existing policies set forth by the Special
Events Team within the City of Palo Alto. Film production brings unique and interesting
aspects to the term "special event" and needs additional clarification.
CONTACT
All filming proposals will be arranged through the Special Operations Sergeant
(650.329.2459) who will notify other City departments (Public Works, Fire, Planning,
Human Resources, Transportation, and Recreation), in order to arrange for the safe and
orderly compliance of laws and City policies. The film proposal shall be submitted no
less than 30 days prior to filming. Sixty (60) days is preferable for a large scale
production.
PER3IITS
Permits that must be obtained can include, but are not limited to:
¯Encroachment: $375 - $800
¯Temporary Use: $160
¯Street Closure: $100 - $1,260 (depending on number of streets/duration)
¯Commercial parking spaces: $66 per space, per week
¯Noise Exception Permit: $250
¯CalTrans (non-city): (650) 573-8669
INS URA N CE
A Certificate of Insurance will be filed with the City’s Risk Manager prior to filming,
endorsed to the City of Palo Alto in the amount not less than $1,000,000. The certificate
must be in the name of the permit holder and must list the City of Palo Alto as
additionally insured. This insurance requirement also includes automobiles.
Film Production Guidelines
Page Two
PROPOSAL
In addition to obtaining and paying for permits and submitting a certificate, of insurance, the film
representative shall complete the Identification and Location Sheet (Appendix A). Also, the
representative will provide a filming schedule, locations, times, and detailed information on any
stunts, chase scenes, and or Special effects.
POLICE SER VICES
All billing for police services are determined on a three-tiered scale, depending on whether the
proceeds for the film will go to a profit or.non-profit organization. In most cases, the rate willbe
at the highest level. The duration and the number of officer(s) required will be determined by the
Special Events Sergeant. A minimum of four hours will be paid if an officer is canceled at the
scene or within eight hours of their scheduled overtime shift. A deposit fee for police services is
required seven days prior to the first overtime shift. Police service fees wil! include, the costs for
Parking Enforcement Officers to post for "No Parking" signs 72 hours before filming begins.
Additionally, Overtime will be paid to the Special Events Sergeant for any time worked at the site
of filming (for the purposes of coordination, safety, or noise issues), and for preparation time
before the filming. The amount of preparation time forthe Sergeant will be determined prior to
the payment of police service fees. Police officers working at the film site shall not be directed
to guard production equipment. They are there to perform police functions only (traffic,
pedestrian, and crowd contro!).
FILMING HOURS
Normal Hours/Residential: 8:00 a.m.- 10:00 p.m.
Requests to film prior to 8 am or after 10 pm requires approval from the Traffic Lieutenant and
signatures of a majority of residents within a 100 yard radius of filming activity or equipment.
Completed signature forms must be submitted to the Special Events Sergeant at least 48 hours
prior to the start of production in order for filming to occur. (NO EXCEPTIONS).
Commercial areas: 24 hours a day, but may be restricted between the hours of 6:00-9:00 a.m. and
3:30 - 6:00 p.m. weekdays due to rush hour traffic.
Any approval for a film shoot provides no exception to the limitations set forth by the Palo Alto
Municipal Code Section 9.10:060, (Noise Ordinance) and will be enforced on a complaint basis,
unless a noise exception permit is approved and subsequently paid for by the production
company. See Appendix B for details on the Noise Ordinance.
Film Production Guidelines
Page Three
A film companY, no later than 48 hours before shooting in any area, must notify in writing,
the affected businesses, ~esidences, churches, and/or schools of their intentions to film.
Information about the film, the days and times of shooting, the name, address, and phone number
of the companies local office or representative must be included. The Special Events Sergeant
must be provided with a copy of this notice as well.
VEHICLES
All production vehicles shall be visibly identified (including equipment rental vehicles) by an
Identification sheet with the name of the production company on it. Identification sheets will be
provided by the co~npany and displayed on the dashboards of all vehicles associated with the
filming. Additionally, all vehicles and equipment associated-with filming activities must park in
posted spaces, or will be subject to citation for any violations of the law. All parking of
production equipment or vehicles overnight on city streets is prohibited without prior approval of
the Special Events Sergeant.
FIRE DEPAR TMENT
Fire Department personnel must be present ",’,’hen it is determined that a safety hazard exists. (i.e.
sparks or open fire, explosives; hazardous materials, pyrotechnic special effects). The Fire
Department representative on the Special Events team will be responsible .for reviewing the
portion of the script that calls for these types of activities and wi!l have the authority, to ensure
the. activity is completed in a safe manner. The Fire Department and Police Department
representatives should meet with the film production company representative to discuss the
proposed activity. There should be a contact person within the film production company to act
as a liasion with the Fire Department. Al! proper permits will be issued and a site inspection will
occur prior to filming. The Fire Department representative will have full access to the set and be
able to contact the film production company liasion at all times. Additional requirements will be
followed and can be found in the "Filming in California Handbook" authored by the California
State Fire Marshall. Film Industry Unit.
Police and Fire personnel have the authorit)T to enforce all safety regulations, state laws, and city
ordinances. When an unsafe situation is observed, the officer or fire inspector will stop the film
production until the situation is safe to proceed.
CITY PROPER TY/PERSONNEL
Any filming on City owned property must have prior approva! by the designated Department
Manager. Police and Fire Department equipment such as vehicles, uniforms, patches, logos,
weapons, or insignia’s shall not be used. Police or Fire personnel will not be permitted to appear
on film as part of the actual production, without prior approval from the Chiefs of Police and
Fire. Technical advice regarding the Palo Alto Police or Fire Department will not be provided.
Film Production Guidelines
Page Four
MIS CEL LANE O US
The production company shall not interfere with the normal activities of a neighborhood. No
littering is permitted. Any film production activity that facilitates clean-up of any street or City
owned property will be billed by the City’s Department of Public Works. All members of the
production crew, actors, and extras will conduct themselves.in a professional manner at all times.
Any violation of these guidelines can result in the termination of production in the City of Palo
Alto without a refund of fees.
IDENTIFICATION AND LOCATION INFORMATION
APPENDIX A
Special Events Sergeant Phone # 650/329-2459
Date
1. Company Name:
2. Address:
3. Phone Number: Fax:
4. Local Address (production office or hote!):
Local phone #:Local Pager #:
5. Representative and Title:
6. Type of Production:
Feature Film
T.V. Series~,iovie/Pilot
T.V. Commercial
__ Other (specify):
7. Title or Product:
8. Producer:
9. Director:
10. Production Manager:
11. Location Manager:
12. Name Talent:
13. Number in cast:Number in crew:
14. Police Services required?How many?
15. City Services requested other than Police:
Public Works
__ City Hall/Administration
__ Planning
__ Documentary/Educational
__Corporate/Industrial
Video
Fire
Recreation
__Transportation
16. Other services affected:
Amtrak
Ambulance
__ Health Department
Bus Services
__ Airport
__ Downtown Marketing Committee
17. Insurance submitted (certificate number)
18. Neighborhood advisory notice required at listed locationS:
Page Two
19.Type of Vehicles and Trucks used for production:
(Please check type and indicate size or length of each)
Camera Truck(s)
Production Van
Grip/Electric
Generator-
Effects
Wardrobe
Caterer
Motor Home
Maxi Van
Station Wagon
Portable Toilets
Stages
Other
20. List locations, dates and times where equipment, personnel, and/or special conditions will
OCCUr.
Location Dates Times Equipment, Personnel, Conditions
(Include any information - cranes, wetting down street, smoke/chases/special effects, street lights
¯ controlled, scaffolding, platforms, stages, dolly tracks, lanes coned off, etc.)
ATTACHMENT B
July 5, 2006
Daniel Engelhardt
Anchange Productions
935 Menlo Oaks Drive
Menlo Park, CA 94025
RE:
__greemen~
Letter Agreement for Fee Waiver and Repayment
Dear Hr. Engelhardt:
This letter constitutes a Letter Agreement between the
City of Pa!o Alto ("Pa!o Alto") and Anchange Productions and
Daniel Engelhardt (collectively "Anchange") in which Anchange
agrees to repay any fees waived by Pa!o Alto should the "Pa!o
Alto" movie project earn any revenue in excess of the costs of
production. Please sign and date this Agreement and return it
to: Emily Harrison, Assistant City Manager, City of Pa!o Alto
P.O. Box 10250, Pa!o Alto, CA 94303.
LETTER AGREEMENT
"PALO ALTO" MOVIE PROJECT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
The City of Palo Alto has agreed to waive certain fees
for Anchange in pursuit of its "Palo Alto" movie project, in the
event that the "Palo Alto" Movie Project generates revenue
exceeding the costs of. production, this revenue will be paid to
the City of Pa!o Alto up to the dollar amount of fees waived.
060705 cs O110480
Daniel Enge!hardt, Anchange Productions
July 5, 2006
PAGE 2
RE:
Agreement
Letter Agreement for Fee Waiver and Repayment
These funds should be provided to City within 60 days after the
final audited figures on L__e film are ~er_ve@ after determining
revenue received.
"Anchange Production""CITY"
CITY OF PALO ALTO
By
[Title]
By
Assistant C_~y Manager
Date:Date:
Approved as to Form
Daniel Engelhardt
An individual
Gary M Baum, City Attorney
Date:Date:
Very truly yours,
EM:GMB:cs
Emily Harrison
Ass_s~=n~ City Manager
060705 cs O110480