Cupertino adopts film-permit fees, postpones film-production ordinance for language clarification
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Summary
Council adopted a film-permit fee schedule to cover application and daily impact costs but postponed the ordinance that will make the fees effective until the ordinance language is clarified; the city attorney said the name 'Cupertino' cannot be charged as a trademark fee.
The Cupertino City Council on Dec. 2 adopted a fee schedule for film permits but postponed final adoption of a separate film-production ordinance so staff can clarify language about the use of public property and public streets.
Staff presented a fee schedule compiled from regional comparators intended to cover staff processing time and daily impacts for on-location filming. The city attorney told council that the city cannot impose an additional fee for the use of the name "Cupertino" because the name is in the public domain and not owned by the city.
Staff emphasized that the fee schedule will not take effect until the film-production ordinance is finally adopted; the hearing tonight was legally required to notice the proposed fees. Council members voted to adopt the fees as presented for future effect once the ordinance is enacted.
The council postponed the ordinance (item 5) to allow staff to clarify language so it accurately reflects the city's intent regarding public property use and to ensure the ordinance aligns with the review of fees.
Vote: the fee schedule was adopted unanimously; the ordinance second reading and enactment was postponed to a future meeting for redrafting.
Next steps: staff will return with revised ordinance language and, once the ordinance is adopted, the fee schedule will be implemented according to the ordinance's effective date.