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HomeMy WebLinkAboutNovember 15, 1994• A G E N D A Arcadia City Council Meeting November 15, 1994 Regular Meeting: 6:00 P.M. MEETING OF THE ARCADIA CITY COUNCIL AND REDEVELOPMENT AGENCY ROLL CALL Council /Agency Board Members Chang, Kuhn, Lojeski, Margett and Young PRESENTATION AND DISCUSSION RE: ASSEMBLY BILL 1290 (REDEVELOPMENT REFORM BILL) - ARCADIA REDEVELOPMENT AGENCY 5 -YEAR IMPLEMENTATION PLAN (FY 1994 -1999) INVOCATION 7:00 P.M. PLEDGE.OF ALLEGIANCE PRESENTATION 1. Presentation of Annual Employee Service Awards. 2. Presentation of Employee of the Year. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS - QUESTIONS FROM CITY COUNCIL REGARDING CLARIFICATION OF AGENDA ITEMS MATTERS FROM STAFF Reports /Announcements /Statements -1- AGENDA 11115194 ACTION MOTION: Read all ordinances and resolutions by title only and waive reading in full. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON - PUBLIC HEARING) - (FIVE MINUTE TIME LIMIT PER PERSON) MATTERS FROM ELECTED OFFICIALS City Council Reports/ Announcements /Statements /Future Agenda Direction City Clerk:. Consideration of potential Charter revision concerning dates for general municipal election date change. PUBLIC HEARINGS 1. Consideration of establishing a Building and Fire Code Appeals Board and designation of Building Official (continued from November 1, 1994). 2. Consideration of an Appeal of the Business Permit and License Review Board's approval of an'Entertainment Permit for Game and Amusement Machines of the Pacific Sports Card Company - 142 East Duarte Road, (Alpha Beta Shopping Center - continued from November 1, 1994). MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL: Agency Members Chang, Kuhn, Lojeski, Margett & Young CONSENT: 1. Approval of Minutes of the November 1, 1994 regular meeting. 2. Report and Recommendation to amend the professional service agreement with. The Planning Corporation environmental services for the Downtown'2000 project. 'ADJOURN to December 6, 1994 @ 6:00 p.m. -2- AGENDA 11115194 RECONVENE CITY COUNCIL ACTION.. , CONSENTITEMS 1. 'MINUTES of the November 1,,1994.regular meeting. 2. Report and Recommendation for determination of Personalized Introduction Service (Dating Service) as a Compatible Use in the CPD -1 (Commercial Planned Development) zone. 3. Report and..Recommendation to Renew the National "Pollutant Discharge Elimination System (NPDES) Permit. 4. Report and Recommendation for Award of Contract for Reconstruction of Baldwin Reservoir Retaining Wall - W.O. 560. 5. ` Report and Recommendation for final acceptance of Street Light Conversion on Valencia Way and Hillcrest Blvd. (Job No. 533), and on Huntington Drive between Second Avenue and Fifth Avenue (Job No. 583). 6. • Report and Recommendation for final acceptance of sewer relief line at the intersection of Okoboji.Drive and Sunset Blvd.- Job No. 538. 7. Report and Recommendation to renew Arcadia Transit Operating Agreement. CITY MANAGER 1. Report regarding Architectural Design Review for single-family zoned properties, not within an existing homeowner's association. 2. Presentation: Downtown 2000 Project. 3. festival Santa Anita Follow -Up Report (For Information Only). CITY ATTORNEY 1. ORDINANCE No. 20,10' Introduction,- An Ordinance of the City Council of the City of Arcadia, California, establishing stormwater pollution control regulations and a procedure to ensure compliance with these requirements. -3- AGENDA 11115/84 CITY ATTORNEY, CONTINUED ACTION 2. ORDINANCE No. 2023 - Introduction - An Ordinance of the City Council of the City of Arcadia, California, adding Section 9292.4.2.1 to the Arcadia Municipal Code relating to Noticing Procedures for Text Amendments affecting S -1 (Special Use) zoned property. 3. ORDINANCE No. 2027 - Introduction - An Ordinance of the City Council of the City of Arcadia, California, amending the Arcadia Municipal Code by adding a Part 6 to Chapter 9, Article III to provide for the recovery of certain non -law enforcement costs.for the detention, processing and supervision of juvenile offenders. ADJOURN to December 6, 1994 @6:00 p.m. -4- AGENDA 11!15194 C Memorandum ARCA�iDIA e pOHATD' rovember 15, 1994�• ye) c� r TO: Mayor aRc" City Council FROM: Donna L. Butler, Community Development Administrator SUBJECT: Consideration of an appeal of the Business Permit and License Review Board's approval of an Entertainment Permit for Game and Amusc.-In.ent Machines at the Pacific Sports Card Co. 142 East Duarte Road (Alpha Beta Shopping Center) SUMMARY The Business Permit and License Review Board on September 29, 1994, approved an application filed by Mr. Adesorn Hemaratanatorn, Looi Corporation, for an Entertainment Permit for installation and operation of seven (7) game and amusement machines at Pacific Sports Card Company at 142 East Duarte Road (the Alpha Beta Shopping Center). On October 4, 1994, the Business Permit and License Review Board's approval was appealed by Council Member Bob Margett. The public hearing on this appeal was continued from the City Council's November 1 meeting to tonight's meeting. DISCUSSION Mr. Adesorn Hemaratanatorn filed an application with the Business License Office for an Entertainment Permit for installation of seven (7) game and amusement machines to be located in a retail store, Pacific Sports Card Company at 142 East Duarte Road. The owner and operator of Pacific Sports Card Company is Victor Lee. Mr. Adesorn Hemaratanatorn, Looi Corporation, dba /Pak Mann Amusement will own the machines which are installed in the retail store, but it will be Mr. Lee's responsibilit;), to monitor operation of the game machines in compliance with City codes. Mr. Hemaratanatorn owns the Pac Mann Amusement Arcade at 1775 East Colorado Boulevard in Pasadena. The arcade has a business license and permit with the City Appeal- Game Machines November 15, 1994 �A LA �IIMAGED i �� *W 1%0 of Pasadena ad has not had any permits for game and amusement machines revoked. The proposed application for an Entertainment Permit was reviewed by the Fire Department, Police Department and Building Division. There were no negative responses from any of the above. There are four , other businesses in this shopping center that have game machines: Lucky Donuts has three (3) game machines; Game Depot has seven (7) game machines; the,T.eriyaaki House has one (1) game machine; and Action Arcade has twenty -one (21) game machines (C.U.P. 93 -002). With the seven machines requested by Mr. Hemaratanatorn, there would be a total of thirty eight (39) game machines in one shopping center. The Arcadia Municipal Code allows seven (7) or less game arcade machines in businesses with an approved Entertainment Permit, subject to approval by the Business Permit and License Review Board. The Code also sets forth specific regulations relating to the operation of game machines (attached). The Municipal Code does not limit the number of game machines within a shopping center. Based upon an investigation and information submitted by the Police Department and the Business License Officer the Business Permit and License Review Board approved the request for seven (7) game machines at 142 East Duarte Road subject to the following conditions: 1. Compliance with all game machine regulations in Arcadia Municipal Code Section 6411.5 et seq. 2. The retail business owner, Victor Lee shall be responsible for enforcement of all City regulations. 3. There shall be a three (3) month review of the Entertainment Permit by the Police Department. RECOMMENDATION The Community Development Department recommends approval of Adesorn Hemaratanatorn's Entertainment Permit application for seven (7) arcade game machines at 142 East Duarte Road subject to the conditions recommended by the Business Permit and License Review Board. Appeal- Game Machines November 15, 1994 Page 2 FINDINGS AND ACTION Section 6312.2 of the Business Permit and License Review Board regulations of the code state that the Council has the right to refuse any permit if it finds and determines that: "the granting of the permit will be injurious, detrimental or harmful to the public peace, health, safety, morals or welfare of the City or the inhabitants thereof, or if the application is found to contain false or misleading statements on behalf of or by the applicant. The Council may refuse to issue a permit if it is determined that the applicant or applicants' agents have in the conduct of the same or any similar business been guilty of fraud, misrepresentation of conduct detrimental to the public welfare which includes operations of activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property." Without evidence to support the above there is no reason for denial. However, if based on actual facts, problems arise after granting the permit, the permit can be suspended or revoked. The City Council should open the public hearing and receive all written and oral testimony. Based upon all information, the City Council may: 1. Uphold the decision of the Business Permit and License Review Board and approve the Entertainment Permit. 2. Approve the Entertainment Permit with additional conditions of approval. 3. Deny the Entertainment Permit subject to evidence presented to support the specific grounds set forth in the code to justify denial of the subject permit. Attachments: Application submitted by Mr. Hemaratanatorn Police Investigation Report Petition from Businesses within the Alpha Beta Shopping Center `Gamme�, achine Regulations ' Approved by: � kd q William R. Kelly, City Manager Appeal- Game Machines November 15, 1994 Page 3 CITY OF ARCADIA APPLICATION FOR GAME MACHIME : This application must be completed for requesting a permit to opec'aiv game and amusement machines in an existing business in tho City of Arcadia. If yoo Pro applying for a permit to operate a game arcade a copy of the approved CUP issued by this:.- 1t,.�n r g department must be attached. Business Information: (a) Please indicate the type of ownership of your busine;4r:,• Sole owned: Partnership, _.., ��rpc�ration: (b) If corporation please list officers with the following infbcawlic t Name, Address, Phone, Title, Driver's License number. (erg) 4.5c s- ! Financial Information: (a) List the name and address of firms whore you buy, or obtain your game machines. C;'( 'Flf2 -'0" (b) List the name of banks or other organiZab" through which you haw fInanood the purchase of your machines. W • l /Awe S4 44 ^11*Z WF, (�:4 . (c) List any adwr cities where you have a permit and business licarm for the operation and instailation of game machines. Have you ever had a permit revoked? ^� Location Information: (a) List all types of businesses or occupants of building within SW feet of the proposed location. Zoning map may be attached. CITY OF ARCA.._ APPLICAT V"O ` =7VOK BUSINESS LICENSE'PERMIT Date of application: I/We do hereby make application for a permit to conduct a business in the City of 7lfcadia pursuant to the provisions of the Arcadia Municipal Code and submit herewito tho following required information for the purpose of facilitating the required investigation and of assisting the License Review Board in detertninirig the propriety of issuing a permit therefore and the conditions upon which such a pr;rmit shall be issued. 1. Name of applicant i C pry. ,�� I�,e�,� �'st�c ��9�s�v�v,�r�> 1%ne (A/A/ 44,9 �W Address of applicant 2. Nature and complete description of txisiness for which permit is requested 3. Description of proposed location of business (a) Address / 1 1� �- N�f TE �'c�AD ..C:9 A� •R,t , �',� �/O a i (b) Present type of business at this location 4. Description of nature and amount of equipment to be used Ini "connection with proposed business S. Dates and hours proposed business is to be conducted* 6. Personal description of applicant (a) Name Date f'�w�'��' °�` Date of birth (b) Driver's License Number (c) Addre ss -3 ? _5'a .Q How long have you lived at the above address? If less than S years, previous address (d) Are you the owner of the above business operation? i°�'��'�'�7' If no, give name and address of empioyeer declare under the perAddes of perjury that the foregoing statements are, to the best of my knowledge and belief, true and complete. Date �` Signature Date Investigation fee received> V'_gq, —(? q RecelOt S„ Public Hearing date schued Requested Permit w approve denied. Upon the following terms and conditions: , • A . A by the License Review ARCADIA POLICE DEPARTMENT MIS LLANEOUS FIEPgVT FORM 1OTT2 E. Duarte Road XX,J MN°' `TF -6506 "1?1"Ntigation Check ° "` 09 -13 -94 "M 1408 TUE Blum Arcadia P.D. ro"a I meow -5169 "0°2'S'0 W. Huntington Drive, Arcadia IMPORT Subj: Adesorn HEMARATANATORN (D.O.B. 4 -1 -46) 3250 E. Villa Highland Dr. Pasadena 449 -9915 Information: The purpose of this investigation is to complete a background investigation check into the applicant, his business, and request for the installation of 7 video games at 142 E. Duarte Rd. Arcadia Business License Officer Becky Pike received information that subject had been suspected of having gang problems (drugs, narcotics, other gang activity)while conducting his business in Pasadena. I observed subject's Pasadena business to be located on Colorado Blvd., w/ of Allen. The business is several blocks east of Pasadena City College. It was very dirty in appearance on the outside, the rear had alley access and was full of parked vehicles. I observed several of these vehicles and patrons meet the profile of a "gang- banger" enter the business. The time of day I checked the business was 1300 hours, mid -week on a Wednesday. I observed two suspicious males in front of the business making a transaction, however, I could not get a vantage point to determine if it were drugs. I had two investigators check the interior of the business. They reported observing 150 to 200 video games. The isles were very narrow, video machines were packed next to each other. There were several juveniles inside the business playing video games. There were two employees behind a very thick glass window, with a small slot for making change. The video arcade was open 24 hours a day. A check was made on applicant including Pasadena P.D. They had no information about the arcade being a "gang- banger hang- out." The fact that the business was located in this particular area, it was open 24 hours a day and attracted a younger crowd, would indicate that is was subject to normal type problems associated with video arcades, such as narcotics /gang activity. Page _L of Reading Board CII� z� Investigation Captain ..w�M Traffic Chief Patrol Follow Up °.nnrr POL•23 9EV!QFn 6/89 7717TSFY-% 6/89 %✓ `+ O Ve, the uncersigned are business owners at the Alpha Beta shopping center, at the corner of Second and Duarte Rd. We oppose the approval of more video games in this center with ,)ut a conditional use permit. Due to the fact that there aru 32 existing c;ames in this center, we oppose the cities approval of 7 more games at Pacific Sport Cards. Business ADDh1SS DATE 10/12/94 %W "0 6324.13 6324.13. PAWN BROKER. 6324.14. PEDDLER. 6324.15. PUBLIC AUCTION EXCEPT AUCTION OF HORSES HELD IN CONNECTION WITH HORSE RACING LICENSED BY THE STATE. 6324.16. RIDING STABLE OR ACADEMY. 6324.26. EVERY BUSINESS, PRACTICE OR OCCUPATION FOR WHICH A LICENSE FEE IS SPECIFIED IN SECTION 6220.56 OR SECTION 6220.56.1. (Added by Ord. 1165 adopted 2- 20 -62) DIVISION S. MISCELLANEOUS PERMITS 6324.17. RUBBISH, REFUSE, 6325. PERMIT REQUIRED. GARBAGE AND DRY A separate permit shall be required for each GARBAGE COLLECTION, business, occupation, trade or concession men - HAULING OR REMOVAL. tioned in any of the following subsections of this (Amended by Ord. 1256 adopted 8- 27 -64) Division. 6324.18. SECOND HAND STORE OR DEALER. 6324.18.5. SIDEWALK SALES. (Added by Ord. 1521 adopted 10- 15 -74) 6324.19. SLAUGHTER HOUSE. 6324.20. SOLICITOR. 6324.21. TAXICAB OR TAXI. 6324.22. TRAILER PARK. 6324.23. USED MOTOR VEHICLE OR TRAILER BUSINESS. 6324.24. WEIGHT GUESSING MACHINE, SHOWING OR RENTING USE OF, OR ANY OTHER SIMILAR MACHINE, INSTRUMENT OR DEVICE NOT NAMED HEREIN. 6324.25. WELLS, WATER, OIL, ETC. 6325.1. STREET BANNERS. 6325.2. PARKWAY SIGNS. 6325.3. PATIO, GARAGE, AND /OR BACKYARD SALES. (Added by Ord. 1905 adopted 4 -4 -89) CHAPTER 4. SPECIAL REGULATIONS PART 1. ENTERTAINMENT ENTERPRISES DIVISION 1. AMUSEMENT AND GAME MACHINES 6411. APPLICATION. Each application for a license under subsection 6220.5 shall describe the location where each ma- chine is to be operated. (Amended by Ord. 1764 adopted 2- 15 -83) 215 (Arcadia 3.93) 6411.1 14✓ 6411.1. DISPLAY OF LICENSEE'S NAME. Each machine shall also bear the name of the licensee in plain view in letters of not less than one - fourth inch in height. 6411.2. (Repealed by Ord. 1764'adopted 2- 15 -83) 6411.3. PENALTIES. Each and every machine described in subsec- tion 6220.5 and operated in the City and not li- censed or not complying with other regulations of this Article may be sealed against further opera- tion and held by the City, at the owner's risk, until all license fees, storage charges and other accumulated costs are paid. 6411.4. GAMBLING PROHIBITED. No person, either as principal, agent, employee or otherwise, shall operate, play or utilize, or permit any person or persons to operate, play or utilize any amusement machine, game or device described in subsection 6220.5 for the purpose of gambling, betting, wagering or pledging in any manner whatsoever any money, thing or consider- ation of value or the equivalent or memorandum thereof, upon the outcome, score or result of the playing or operation of said amusement machine, game or device. 6411.5. GAME MACHINE REGULATIONS. Each entertainment permit issued for a game machine shall be subject to the following condi- tions: 1. The location where each game machine is operated shall provide sufficient security mea- sures to effectively regulate interior and exterior loitering, parking congestion, disturbing noise and light, loud conversations and criminal activi- ties. (Arcadis 3 -93) 216 2. Any locations where a game machine is operated shall provide personnel over twenty -one (2 1) years of age to maintain supervision of each game machine and patrons thereof. 3. Any locations where any game machine is operated shall prohibit persons under the age of eighteen (18) years from using or playing any game machine between the hours of 8:00 A.M. and 3:00 P.M., Monday through Friday and after 10:00 P.M. daily, unless accompanied by a parent or guardian. The 8:00 A.M. through 3:00 P.M. restriction shall not apply during school holidays and school vacation periods recognized by schools within the City of Arcadia. 4. No game machine arcade or game machine shall be permitted in a building an entrance of which is within five hundred (500) feet walking distance of any real estate parcel boundary con- taining any elementary school, junior high school or senior high school, whether public or privately operated. This Subsection 6411.5.4 shall not apply to any building in which a game machine or machines were lawfully in operation on the effec- tive date of Ordinance No. 1764 provided no such building shall contain nor shall a permit be issued for more game machines than the number lawful- ly in operation on the effective date of Ordinance No. 1764 until such time such building complies with this subsection. 5. No game machine(s) shall be permitted in liquor stores. For the purpose of this Division "li- quor store" shall be defined as any establishment which has obtained an ABC license to sell alco- holic beverages in an unopened container for consumption off the premises. EXCEPTION: Supermarkets or convenience stores which have less than ten percent (10 %) o their floor area devoted to the sales of alcoholic beverages. (Added by Ord. 1764 adopted 2- 15 -83; amended by Ord. 1977 adopted 8- 4 -92). October 24, 1994 141111110 *NO, Elliot Megdal and Associates 1875 Century Park East • Suite 920 Los Angeles, California 90067 (310) 277 -0456 June D. Alford City Clerk City of Arcadia Arcadia City Hall 240 West Huntington Drive 'Arcadia, California 91007 RE: APPLICANT: Location: Dear Ms. Alford: Looi Corporation dba: Pak Mann Amusement 142 Eat Duarte Road, Arcadia RECEIVED 0 C T 2 7 1994 CITY OF ARCADIA PIMMNG 011VISION In reference to the above captioned, I would like to state that I am opposed to the Applicant's request. I am a current Owner of a shopping center in Arcadia and have several others through out the United States, and in all areas where there is a store with any type of amusement game activities, the area surrounding the premises have been known to have problems with cleanliness, children loitering during regular business hours and after hours, graffiti, noise and neighborhood complaints. Sincerely, EMM:ct Vic: Ms. Becky Pike SOCIATES e' 3 v- "7'Z i� Memorandum Date: November 3. 1994 TO: HONORABLE MAYOR ANP CITY COUNCIL FROM: NEAL R. JOHNSO , OF POLICE SUBJECT: RECOVERY OF CERTAIN JUVENILE DETENTION COSTS ORDINANCE NO. 2027 SUMMARY A change in the State Law in 1987 required that most juvenile offenders be held in facilities other than locked custody facilities. As a result of the mandate, law enforcement agencies had to develop alternative holding facilities and procedures. Compliance with the law requires that juvenile offenders are supervised in an unsecured area until they are released to a parent or guardian. This supervision can taken an officer from the field for up to six hours. This creates an unnecessary burden on the citizens of Arcadia and the responsibility for the officer's time should be assumed by the juvenile's parent or guardian. Pursuant to Police Department recommendation, the City Attorney has prepared an Ordinance to address cost recovery. BACKGROUND Prior to 1987, once juvenile offenders were booked, they could be held in a locked jail facility until they were released to their parent or guardian. Once the booking process was completed, juveniles would not require constant, immediate supervision. They could be housed in jail cells that were equipped with close- circuit television cameras. With the passage of Senate Bill 1637, the way that law enforcement agencies could process and hold juvenile offenders changed drastically. A major change was that juveniles could no longer be housed, no matter how short the time period, in any facility that also housed adult offenders. The 1989 amendment to Welfare and Institutions Code Section 206 states "no minor . . . may be held in temporary custody in any building that contains a jail or lock -up for the confinement of adults, unless, while in the building, the minor is under continuous supervision and is not permitted to come into or remain in contact with adults in custody in the building." With the exception of those arrested for extremely violent crimes (homicide, attempt homicide or vicious assaults), juvenile 1 R�nr LAS! offenders could not be restrained in any way while being detained. These mandated changes in the juvenile booking procedures required that once a juvenile offender is booked, he must be constantly supervised until he /she is released to a parent or guardian. The resulting supervision of a juvenile may last from 45 minutes up to six hours. When an officer must be in the juvenile detention facility, watching an offender, there are less officers on the street, available to answer calls for service from the citizens of Arcadia. This results in a lower service level for people who deserve the best we have to offer. The Department wants to recover the administrative costs associated with the supervision of juvenile offenders, the time in excess of the normal booking and processing fees. The most equitable procedure would be to require the parents or guardians of those juvenile offenders utilizing the additional police services to partially defray the Department's expense of providing those services. When a juvenile, arrested pursuant to Section 602 of the Welfare and Institution Code, is detained in excess of one hour and that detention requires constant supervision by Police Department employees, the parents or guardians shall be held liable for the cost of providing police personnel over and above services normally provided by the Department. When a Department employee is involved in the constant supervision of a juvenile offender, he /she will be deemed to be on a special assignment. Special assignments are paid at a rate of 1.5 times the base salary of the employee, computed to the closest quarter hour. The Chief of Police, or his designee will be responsible for billing of the parent or guardian for the costs incurred by the juvenile's detention. FISCAL IMPACT The Department currently pays for an employee to supervise the juvenile offenders arrested for criminal offenses, as required by law. In 1993, the Police Department arrested 470 juveniles for a variety of offenses. If each juvenile was constantly supervised for only one hour over the normal processing time, the Department could have billed parents and guardians for approximately $23,030 in special assignment costs. Even a fifty percent billing and payment ratio would significantly impact the Police Department budget. A fee charge of this type would not affect the entire population of Arcadia; only violators would be billed for additional services. 2 M RECOMMENDATION M That the City Council introduce Ordinance No. 2027 that allows for the charging of special assignment fees for those employees involved in the additional constant supervision of detained juvenile offenders. CONCURRED: William R. Kelly City Manager Attachment c: City Manager City Attorney Finance Director 1 - bJ3•U ` , � 1 r • � I r.e-e-m w n,_1 4 , /, r_____----,_ Ki il . .; / 0 . , ,,,„ , ri, ,: _ -N , Memorandum ARCADLA . . - , ., ., 46°RPORAT8 1 9 DATE: November 15, 1994 TO: Mayor and City Council 4 ' FROM: Donna Butler, Community Development Administrator r- Prepared by: David Feinberg, Administrative Assistant SUBJECT: Arcadia Transit Contractor Agreement Renewal SUMMARY San Gabriel Transit (SGT) , the City's dial-a-ride contractor,' has asked staff to consider amending the City's existing Agreement (Attachment 1) for transportation services. Staff is recommending a rate increase and modifications to the Agreement as set forth below. DISCUSSION The City has provided general public dial-a-ride service to its residents since 1975. Since the initiation of the program the daily operations of the system have been handled on a contract basis. Currently, Arcadia Transit carries more passengers (158, 000/yr. ) ! than any other municipally operated system in Los Angeles County. Our current contractor, SGT provides approximately 30, 000 hours worth of transportation service on a yearly basis. Currently, SGT provides the City with the lowest hourly rate in Los Angeles County, more than 19% below the average for comparable dial-a- ride systems. SGT has not received a rate increase since October 1991. Our most recent customer service survey showed 81% of our passengers rate the service as either excellent or good. Staff is recommending that the Agreement with SGT be amended to include the following contractual changes. Staff met and discussed the changes with SGT who agrees with the proposed modifications. i. Mandatory Drug and Alcohol Testing New Federal Transportation Administration guidelines mandate extensive drug and alcohol testing must be in place by December 31, 1994. Meeting these new program requirements will cost SGT an estimated $4 , 500 per year to maintain. 2. • Increase Auto Liability Insurance Coverage Per the existing Agreement, the City currently requires the Contractor to provide a $3, 000, 000 auto liability policy. Staff would like the coverage increased to $10, 000, 000. SGT estimates this will cost them an additional $2,400 a year. • LASER IMAGED Coo . - 7 I SGT Agreement Renewal November 15, 1994 Page two 3 . Increase General Liability Insurance Coverage Per the existing Agreement, the City currently requires the Contractor to' provide a $1,500, 000 general liability policy. Staff would like the coverage increased to $7, 000, 000. SGT estimates this will cost them an additional $300 a year. 4 . CHP Terminal Inspection Approval The California Highway Patrol inspects SGT's facility and all our vehicles on an annual basis. Staff recommends language be added to the Agreement stating if they fail the terminal inspection they will be fined $5, 000. The $5, 000 penalty will serve as a reminder of the importance of this inspection. While this scenario has never happened to SGT, it has happened to other area operators. Failure of a CHP Terminal Inspection means that our vehicles are being operated in an unsafe manner threatening the well-being of our passengers and it would be extremely embarrassing situation for the City if it occurred. 5. Uniforms Currently, SGT's drivers wear their own clothes while on-duty. This creates a "rag-tag" perception to the passenger and a potential personal safety issue for someone who is not familiar with our driver.. Staff believes wearing a uniform will present a more professional image for our system. SGT's cost to implement this program would be approximately $5, 000. 6. Mandated Health Benefits SGT is concerned about the potential increase in costs if they are required to provide federal or state mandated health benefits to their employees. If this situation occurs, SGT would like language included in the Agreement giving them the ability to ask the City to consider adjusting the rate to recover the increased cost. Staff agrees that it is appropriate to include this language in the Agreement. 7. Sixty (60) Day Window For A Rate Increase SGT would like to include language which allows them to ask and receive an answer to a rate increase request within a sixty (60) day period. In the past, City staff has taken more than sixty days to respond to their request. Staff agrees that it is appropriate to include this language in the Agreement. • SGT Agreement Renewal November 15, 1994 Page three 8. Increase Operator Wages As part of our last negotiations with SGT, staff included language mandating certain hourly wages for SGT's drivers.; This language insured the City that part of SGT's rate increase was being passed on to the drivers. Per the existing Agreement, the drivers make a minimum of $4.75 per hour during training and a minimum $5. 00 per hour once they have received their General Public Paratransit Vehicle Certificate. Staff recommends an increase in these wages to $5. 00 and $5.75 per hour respectively. 9. Per Hour Compensation Increase SGT has not had a per hour compensation increase since October 1991. At that time, their rate was the lowest in Los Angeles County. Staff recently completed a survey (Attachment 2) which shows SGT continues to be the lowest cost operator $5. 67 or 19% below the average ($29.92) of similar systems. Since the approval of the last Agreement, the Consumer Price Index (CPI); has increased by 6.4%. FISCAL IMPACT There are an estimated 20, 000 billed hours remaining in FY 1994-95.. The recommended $2 . 50 per hour raise would increase Transit Fund !costs by $50, 000 in FY 1994-95. Sufficient Proposition A Local Return Funds are available to pay for the increased cost. CONCLUSION As a result of the factors listed above, the proposed Agreement stipulates an increase in the hourly compensation increase from $24.25 per billed hour to $26.75 or an increase of 10%. Arcadia would still be the second lowest operator in the survey more than 11% under the average rate. The implementation of the proposed new agreement language discussed above, including the higher driver wages, will account for approximately $1. 00 worth of the $2 .50 per hour compensation raise. As an option, the City could competitively bid the contract. However, it is staff's opinion that a major bid process would not provide the City with a more responsive vendor for dial-a-ride services. The compensation survey shows SGT's new proposed amount as second lowest of similar systems and staff is extremely satisfied with the level of service they currently provide the City. Further, a formal bid process would take a significant amount of staff time to administer. SGT Agreement Renewal November 15, 1994 Page four Based on the high level of service provided by SGT and the necessary implementation of new Agreement language, it is recommended that the City Council approve the attached Arcadia Transit Operating Agreement including a $2 . 50 increase in the per hour compensation rate to $26.75. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to execute the proposed Agreement in a form approved by the City Attorney. Attachments Approved: William R. Kelly, City Manager ATTACHMENT 1 ARCADIA TRANSIT OPERATING AGREEMENT This Agreement is made and entered into on November 16, 1994 by and between the City of Arcadia, a municipal corporation hereinafter referred to as City and San Gabriel Transit, Inc. , a California corporation, hereinafter referred to as Contractor. In consideration of the mutual promises and covenants of the parties, it is agreed as follows: SECTION 1 SYSTEM DESCRIPTION The Contractor shall provide public transportation services related to the Arcadia Transit hereinafter referred to as System, for the City. Services shall include dispatching vehicles, operating all system vehicles, maintaining all system vehicles, and collecting and maintaining data related to system operations. Services shall be rendered to any individual requesting system services within the legal boundaries of the City. Upon request of the Contractor and approval of the City, the two parties shall meet to discuss system operations and other performance standards as set forth in this Agreement. The System will operate as follows: A. Passengers requesting service will contact the Contractor through a telephone number which shall be published and maintained by the Contractor. B. The dispatcher will request that passengers requesting service provide their point of origin, point of destination, number of persons in their party and their telephone number. The dispatcher will advise passengers of the approximate pick-up time. C. The dispatcher shall be required to dispatch the appropriate vehicle(s) needed to meet the amount of passenger demands so that the average pick-up time does not exceed thirty (30) minutes at any point throughout the service day. The dispatcher shall also do everything possible to avoid lengthy rides after a passenger has been picked up. D. The Contractor shall be responsible to govern all vehicle staging, routing and operation. Said responsibilities shall be handled in such a manner so that only the minimum number of vehicles needed to provide service shall be utilized at any given time. 1 \ 1 E. The Contractor shall not discriminate against any individual seeking to utilize the system. All dispatching of vehicles shall be conducted so that passengers receive service on a first call first served basis whenever such service lends itself to efficient vehicle operations.:. F. Under no conditions shall Contractor provide service at any location outside of the City limits. G. System vehicles will not wait for passengers for more than ninety (90) seconds at any point of pick-up. Exceptions will be made for seniors and handicapped persons who must present themselves and/or be, enroute to the vehicle , within the allowable time. H. Except for emergency situations, drivers will not stray more than ten (10) feet from vehicles. I. Drivers shall assist in loading and unloading of senior citizen or disabled rider's packages not exceeding twenty-five (25) pounds. J. No passenger shall be permitted to ride with a discounted fare without utilization of a discount ticket. System drivers may require proof of age to be shown before accepting a discount ticket. K. No animals may be transported by the System except for seeing eye dogs. SECTION 2 - VEHICLES AND EQUIPMENT . The City shall provide Contractor with all vehicles (see Attachment A) necessary to operate the System with the exception of Contractor owned vehicles which may be used to meet peak demand periods during the day. All City vehicles utilized shall remain the property of the City and as such shall at all times be kept clean and in good repair to the, satisfaction of the City. The Contractor shall be required to participate in all preventive maintenance inspections, and complete all vehicle repair procedures, and vehicle maintenance procedures as set forth in Attachment B of this Agreement. All vehicle repair and maintenance costs shall be borne by the Contractor. The City shall assume costs for conducting preventive maintenance inspections as set forth in Attachment B. Contractor agrees to maintain each leased vehicle in the manner recommended in the manual provided by the manufacturer of such vehicle, and to take such vehicle to an appropriate factory- authorized dealer for all service and repairs under the manufacturer's warranty. 2 • I All City owned System vehicles shall be used solely and exclusively for providing System service as set forth in this Agreement. Vehicles may not be used to provide cab services for Contractor cab operations or to provide partial service for other Dial-A-Rides which may be operated by the :Contractor. In the event that Contractor vehicles are used to provide service during peak hours, said vehicles shall be identified as being Arcadia Transit vehicles through the use of signs placed on each side of the vehicle as approved by the City. SECTION 3 - VEHICLE INSPECTION In addition to all vehicle inspections as required in Attachment A of this Agreement, the City may cause any System vehicle to be inspected at any time and in such manner as may be appropriate to determine that such vehicle is being maintained in compliance ,with the provisions of this Agreement, the Arcadia Municipal Code and the California Vehicle Code. Contractor shall assume all responsibility to assure that vehicles conform with all safety and operational standards that may be required by the state and federal government or other bodies of applicable jurisdiction. If the Contractor fails to pass the California Highway Patrol Terminal Inspection the Contractor will pay a fine (civil penalty) to the the City of Arcadia in the amount of $5, 000. • SECTION 4 - HOURS AND DAYS OF OPERATION The Contractor shall accept service calls for the System from ,7 : 00 a.m. to 9°: 30 p.m. on weekdays and from 7 : 00 a.m. to 7: 00 p.m. on weekends unless changed by the City. The City shall notify Contractor in writing at least thirty (30) days prior to changing any operation schedule and Contractor shall be required to comply with City established schedules. The System shall not operate on New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving day and Christmas Day. SECTION 5 - OPERATING COSTS The Contractor shall maintain and operate the System at its expense. Said operating costs shall include but not be limited to vehicle fuel, vehicle maintenance and repair, system insurance, personnel wages, taxes, and fringe benefits, licensing, dispatching, radio equipment, training, supervision, data collection, management, storage and parking charges and fines. All vehicle replacement parts, equipment and all repairs shall be provided by the Contractor at Contractor's expense. Contractor shall keep accurate records of all transactions, and maintain continuing liaison with the appropriate City departments in the operation of the System. All data collection methods and procedures shall be in accordance to approved City policies. 3 SECTION 6 - COMPENSATION TO CONTRACTOR Contractor shall provide all services as set forth in this contract for the sum of $26.75 per vehicle hour for each vehicle used to provide service for each week that the System is operating at or above 5. 2 passengers per vehicle hour. For each week that the Contractor operates at less than 5.2 passengers per vehicle hour, the base rate of' $26.75 will be reduced, for that week, by $1. 00 per vehicle hour for each one-tenth of a point less than the 5.2 passenger per vehicle hour base.. The City shall have the sole authority to acceptor reject any request made by the Contractor. For the purpose of this Agreement, vehicle hours shall be defined as the total time that any system vehicle is providing service to passengers except that vehicle hours shall not include the time that: a) Any system vehicle is parked for a period in excess of ten (10) minutes awaiting dispatch; and b) Any system vehicle is being used to provide transportation or accommodations for driver breaks and lunch periods; and c) Any system driver is completing system trip sheets outside of the vehicle; and d) Any system driver is conducting required vehicle inspections. As utilized in.the Agreement, the passenger per hour figure will be defined as the aggregate total for the entire week to be computed by dividing the total number of passengers during that week by the total number of revenue vehicle hours operated during the same week. The City shall reimburse Contractor for each minute that the vehicle is used to provide service to the System. Said compensation rate shall remain in effect for this Agreement or until changed which must be agreed to in writing by both the City and the Contractor. The Contractor shall bill the City on a bi-weekly basis with an itemized invoice in a form approved by the City. The City shall pay the Contractor no later than fifteen (15) days from the date of receipt of invoice. SECTION 7 - MINIMUM WAGE REQUIREMENT Throughout the term of this agreement, drivers shall be paid at least the following wage rates: Drivers (In training) $5. 00 per hour • (Training wages will be paid until a driver passes the General Public Paratransit Vehicle (GPPV) Drivers Test. ) Drivers (with GPPV Certificate) $5.75 per hour 4 SECTION S - FARES Each Arcadia Transit trip shall be supported ' by System fares in amounts approved by the City. System drivers shall be responsible to collect all fares and Contractor shall return all fare revenue to the City on a bi-weekly basis. The Contractor shall also be required to collect all S & D discount tickets utilized and return said tickets to the City on a bi-weekly basis. Fare structures will be established by the City and City shall be required to notify Contractor in writing at lease thirty (30) days prior to any changes in fares. All discount tickets shall be provided by City at no cost to Contractor. SECTION 9 - REPORTS REQUIRED. The Contractor shall be required to maintain reports and to keep the City informed regarding the activities of the System. The following reports shall be completed on an ongoing basis as indicated below. 1) Traffic Violation Report. Submitted within twenty-four (24) hours after receipt of any traffic violation. 2) Vehicle Accident Report. Submitted within twenty-four (24) hours after any System vehicle accident. 3) Vehicle Repair Report. Submitted within thirty (.30) working days after submittal of a vehicle accident report. 4) Bi-weekly Vehicle Maintenance Summary. Submitted on a bi-weekly basis in conjunction with Contractor invoices. 5') Preventive Maintenance Report. Submitted' in accordance with the City's vehicle preventive maintenance program. 6) Daily Vehicle Operations Summary. Submitted every two weeks in conjunction with Contractor invoices. 7) Weekly Vehicle Activity_ Report. Submitted every two weeks in conjunction with Contractor invoices. 8) Daily Vehicle Inspection Forms. Submitted everyl, two weeks in conjunction with Contractor invoices. 9) System Dispatch Summary Report. Submitted every sixty days. 10) System Hourly Operations Report. Submitted every sixty days. 11) Fiscal Year Certified Audit. Within sixty (60) days after the end of the City fiscal year, the Contractor shall provide the City with a certified audit performed by..a 'C.P.A.. . licensed in the State of California;, as selected by the City, consisting of, but not limited to, a statement of revenues and expenses and corresponding balance sheet. This certified audit shall include the Arcadia Transit portion of revenue and expenses of San Gabriel Transit, Inc. and any overhead allocation to the Arcadia Transit system by the Contractor. City shall bear all costs for the certified audit. 12) Vehicle Major Breakdown Report. Submitted within twenty-four (24) hours after' any system vehicle breakdown. System vehicles must be repaired within thirty (30) days of a breakdown. All report formats and requested information shall be provided by the City to Contractor. All reports are due at the time specified in this Agreement. 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Aq pepuauzp Sp a° 'saTnpagos anogp agq ggTM aouppa000p uT sgaodaa anogp agq 3o Cup gTuzgns 04 sTTp3 a040pa4uo0 gpgq quana alp uI S3IllaN N3d - OT NOIS03s • • (tea �� SECTION 12 .-.-HOLD-HARMLESS • It'" is expressly' :understood by the parties hereto that the Contractor is an independent Contractor and agrees to assume all responsibility and liability and shall hold the City, its officials, agents and employees free and harmless and shall defend them from all claims for injury or damages to persons or property which may be caused or alleged to have been caused by the Contractor's performance or nonperformance of the terms of this Agreement. The City makes no warranties to Contractor or to anyone else for any loss or. damage of any kind whatsoever, whether caused by a leased vehicle, or by the operation, maintenance, repair,, or equipment thereof, .or by any failure thereof or interruption of services caused thereby. . City shall, however, make available to Contractor any manufacturer's or similar warranty applicable to any leased vehicle. - SECTION 13 - WORKERS' COMPENSATION INSURANCE The Contractor shall at all times keep fully insured, at its own expense, all persons employed by it in connection with the performance of this Agreement as required by the provisions of ;the Labor Code of. the State of California relating to Workers' Compensation and Insurance and shall hold the City free and harmless from all liability arising by reason of injuries of ;any employee of the Contractor incurred in course of employment hereunder. The Contractor shall file and maintain certificated with the City Clerk showing said Agreement. No work shall be done by the Contractor during any period when it is not covered by insurance as herein required. SECTION 14. - RIGHTS RESERVED TO THE CITY At all reasonable times, the Contractor shall permit the City Manager or his designate to examine, during normal business hours, all premises of the Contractor, System vehicles, and to examine and transcribe any and all records kept or maintained by the Contractor under its control which pertain to this Agreement. Neither this Agreement nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City. The City Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this Agreement, and may determine any question of fact which may arise during the existence of this Agreement. It is agreed and understood that the Arcadia Transit. Program 'was initiated by the City to provide low-cost public transportation within its boundaries and all rights relating to the name of 'the program, its concept and operation are exclusively vested in the City of Arcadia. In the event of termination of this Agreement, for any cause, the Contractor agrees that any and all rights in the 7 Arcadia Transit Program and the operation thereof shall remain vested in the City of Arcadia, and that the Contractor shall have no interest therein following such termination. Upon termination of this Agreement, all leased vehicles shall be surrendered and delivered to City, and City may take possession of such vehicles wherever they may be found, with or without due process of law, and in so doing, may enter on the premises of Contractor. Upon termination, neither Contractor or any successor in interest of Contractor, whether by operation of law or otherwise, shall have any right, title, or interest in the leased vehicles or the possession of use thereof, and City shall retain all rights with respect to all such vehicles. The rights and remedies of City hereunder are not exclusive, but cumulative and in addition to all other rights and remedies provided by law. Failure of City in any one or more instances to insist on strict performance of any of the terms of this Lease shall not thereafter be construed as a waiver of the right to insist on such performance, nor shall the waiver of any breach of any terms of this Lease be thereafter construed as a waiver of such terms, which shall continue in force as if no such waiver had occurred. SECTION 15 - PROMOTION, PUBLICITY AND TICKETS Any promotion or publicity which the. City desired concerning the Arcadia Transit program shall be provided by City or other persons with the Contractor being under no obligation to expend any sums for such promotion or publicity. SECTION 16 - OFFICE INQUIRIES The Contractor shall have at all times during the hours of System operation, an employee at the Contractor's office to answer inquiries and to receive and resolve complaints. • The Contractor shall maintain a written record of all complaints received including the name and address of the customer, a description of the complaint, the time the complaint was received, the action taken in response to the complaint and the time the response action was taken. Said record shall be kept at the Contractor's office and shall be available for inspection or duplication at all reasonable times by the City Manager or his designate. SECTION 17 - TERM This Agreement shall remain in effect unless terminated by either party without cause or for any reason by a ninety (90) day prior written notice of such termination to the other party's address set forth hereinafter. 8 C_J SECTION 18 —DEFAULT The City Manager, with authorization from the City Council, may terminate this Agreement at any time with or without cause subject to ninety (90) days written notice. SECTION 19 - INTERRUPTION OF SERVICE No payment shall be made by the City to the Contractor for such time the service is not provided. Acts of God or acts of persons or combinations thereof over which the Contractor has no controliand which preclude the Contractors ability to perform can be cause for interruption of service. SECTION 20 - AUDIT ' The Contractor shall permit the City authorized auditors to inspect and audit all data and records of Contractor relating to performance under this Agreement. SECTION 21 - LICENSES Any franchise or business license fee that the City may ordinarily require for operation in accordance with this Agreement, are hereby expressly waived by City. SECTION 22 - EQUAL OPPORTUNITY EMPLOYMENT' In providing service for the City, the Contractor ' 'shall ' not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin, and shall take affirmative action to ensure such non-discrimination. SECTION 23 - DRIVERS FINGERPRINTED All drivers used by the Contractor to provide System service shall be fingerprinted by the Arcadia Police Department prior to their employment, and the Contractor shall permit no driver to perform such duties if in the opinion of the City, the criminal background and driving record, if any, of such driver is such as to present a hazard to life or property in the City of Arcadia in terms of the responsibilities and duties of the driver. SECTION 24 - NON-ASSIGNABILITY This Agreement shall not be assigned, sold, transferred or disposed of, in whole or part, voluntarily or otherwise, without the prior approval of the City Council expressed by resolution. 9 SECTION° 25 s- LEGAL'. REQUIREMENTS The Contractor '^shall° obtain all permits and licenses required and shall comply with all applicable laws of the City, County and State. Time shall be of the essence of this Agreement. The Contractor shall not be relieved of its obligation to comply promptly with any of the provisions of this Agreement by any failure of the City to enforce prompt compliance. SECTION 26 - NOTICES All notices required to be given under this Agreement shall be given by placing such notices in the United States mail, postage prepaid, addressed as follows: In the case of notice to the City, City of Arcadia, 240 West Huntington Drive, Arcadia, California 91007, Attention: City Clerk; in case of notice to the Contractor, San Gabriel Transit, 11765 Goldring Road, Arcadia, California 91006. SECTION 27 - VEHICLE LEASING The City hereby leases to the Contractor on the terms and conditions hereinafter set forth, the motor vehicles, hereinafter referred to as "vehicles", as identified in Attachment "B" attached hereto and by reference incorporated herein and made a part hereof. Said vehicles are for the sole use of providing dial-a-ride service for the City pursuant to the terms and conditions of this Agreement. Contractor shall inspect all system vehicles upon delivery by City, and shall notify City in writing within three (3) days of any defects or other objections to the vehicle. If City receives no such written notice within such period, Contractor shall be conclusively presumed to have accepted the vehicles in good condition and repair. Contractor shall return said vehicles to the City of Arcadia, City Hall, 240 W. Huntington Drive, Arcadia, in the same condition as provided, less ordinary wear and tear, within twenty-four (24) hours of the termination of this Agreement, or within twenty-four (24) hours of receipt of the City's written request. In the event that any system vehicle is involved in an accident and/or experiences a mechanical breakdown to the extent that it becomes inoperable, Contractor shall reimburse the City for the fair market value of the vehicle as determined by the Contractor's insurance carrier. Title to vehicles and equipment shall be registered in the name of the City. 10 The vehicles shall be stored at the Contractor's facility, at 11765. Goldring Road, Arcadia, and shall not be stored at any other location without City Manager's prior written consent. Vehicles shall not be used: a. In any race, test or contest; - b. In a negligent or improper manner; c. In violation of any law, ordinance, or regulation; d. So as to avoid any insurance covering the same. e. To propel or tow any vehicle, trailer, or other project. ; Contractor shall not permit any leased vehicle to become subject to any lien, charge, or encumbrance. SECTION 28 - CONDITIONS In the event that federal and/or state grant assistance needed to meet System capital or operating expenses requires the Contractor to meet certain conditions, the Contractor hereby agrees to comply with any such conditions. Said conditions shall include but not be limited to those contained in Attachment C. i . This Agreement shall bind and insure to the benefit of both parties, their heirs, executors, administrators, successors, Iand assigns except as may otherwise by provided herein. SECTION 29 - EMERGENCY PROCEDURES In the event of a catastrophic emergency such as an earthquake,; dam failure, fire or man-made catastrophe, the Contractor shall make transportation and communication resources available to the City, to the degree possible, for emergency assistance. If the normal line of direct authority from the City is intact, the Contractor shall follow their instruction. If the normal line of direct authority is broken, and for the period while it is broken, the Contractor shall make best use of transportation resources following, to the degree possible, the direction of an organization such as the Red Cross, National Guard, or other emergency assistance group which appears to have assumed responsibility. Emergency uses of transportation may include evacuation, transportation of injured, and movement of people to food and shelter. The Contractor shall be reimbursed in accordance to, the normal "per hour rate" and "payment" or, if the normal method does not cover the types of emergency services involved, then on the basis of fair, equitable, and prompt reimbursement of the Contractor's actual costs. Immediately after the emergency condition ceases, the Contractor shall resume normal transportation services. 11 SECTION 30 - SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. SECTION 31 - DRUG AND ALCOHOL TESTING The Contractor shall have in place a drug and alcohol testing program which complies with all Federal Transit Administration requirements by January 1, 1995. SECTION 32 - UNIFORMS All System drivers must be neat and clean in appearance and properly uniformed, attired in a company supplied uniform with a visible name tag. SECTION 33 - MANDATED HEALTH BENEFITS In the event, during the term of this Agreement, including any extensions or renewals hereof, any government entity requires, by statute, regulation, decree or other dictate, that the Contractor shall provide health insurance, health benefits, medical insurance, or other benefits by purchase of insurance or otherwise for medical, surgical, hospital healthcare expense or disability of life insurance benefit, Contractor shall be entitled to assert a claim for, and to receive an equitable adjustment of the rates charged to the City herein so as to allow Contractor to recover costs in excess of any amount allocated for such benefits in the current Agreement. The Contractor will supply the City with documentation of increased costs caused by such mandate. SECTION 34 - MODIFICATIONS TO AGREEMENT If the Contractor asks for an modification to said Agreement, the City will issue a response on whether it wishes to entertain the request within 60 days upon receipt of letter. SECTION 35 - EFFECTIVE DATE This agreement shall become effective and operative on November 2, 1994 and on said date shall supersede all prior agreements heretofore executed by and between the parties covering any portion of the subject matter hereof, and shall operate as a discharge of all obligations incurred by either party under any agreements thus superseded with the exception of any liability claims defended by Contractor or Contractors insurer arising out of said agreements, or any claim arising during the time frame of any prior agreement. 12 IN WITNESS WHEREOF, said City has caused its corporate name and seal to be hereunto subscribed and affixed by the City Manager and City Clerk, both thereunto duly authorized, and said Contractor has hereunto subscribed its name by its duly authorized representative. CITY OF ARCADIA A Municipal Corporation ATTEST: By June Alford, City Clerk William R. Kelly, City Manager APPROVED AS TO FORM: SAN GABRIEL TRANSIT, INC. A California Corporation By Michael H. Miller, City Attorney Gerald N. Walker, President 13 /_ ATTACHMENT A 1. 1992 Chevrolet Caprice VIN - 1G1BL53E5NR146538 Mileage - 43, 167 License # - (E) 352115 Vehicle # - 60 2 . 1992 Chevrolet Caprice VIN - 1G1BL53E8NR144959 Mileage - 59, 325 License # - (E) 352114 Vehicle # - 61 3 . 1992 Chevrolet Caprice VIN - 1G1BL53E1NR145600 Mileage - 65, 627 License # - (E) 337826 Vehicle # - 62 4 . 1992 Chevrolet Caprice VIN - 1G1BL53E8NR146324 Mileage - 59, 560 License # - (E) 352113 Vehicle # - 63 5. 1992 Chevrolet Caprice VIN - 1G1BL53E7NR146508 Mileage - 43 , 236 License # - (E) 352120 Vehicle # - 64 6. 1992 Chevrolet Caprice VIN - 1G1BL53E7NR145214 Mileage - 44, 102 License # - (E) 352119 Vehicle # - 65 7 . 1992 Chevrolet Caprice VIN - 1G1BL53E5NR145924 Mileage - 56,966 License # - (E) 352118 Vehicle # - 66 8. 1987 Ford Econoline Van with wheelchair lift VIN - 1FTJS35L9HHA76655 Mileage - 173 , 149 License # - (E) 079687 Vehicle # - 77 14 • U r) 9. 1987 Ford Econoline 350 Van with wheelchair lift VIN - 1•FTJS35LOHHA76656 Mileage - 182 , 973 License # - (E) 079688 Vehicle # - 78 10. 1987 Ford Econoline Van with wheelchair lift VIN - 1FTJS35L4HHA76658 . Mileage - 177,582 License # - (E) 079689 Vehicle # - 79 11. 1988 Chevrolet Caprice VIN - 1G1BL51H8JR201278 Mileage - 148, 397 License # - (E) 101774 Vehicle # - 90 12 . 1988 Chevrolet Caprice VIN - 1G1BL51H5JR201271 Mileage - 167, 832 License # - (E) 101773 Vehicle # - 91 13 . 1988 Chevrolet Caprice VIN - 1G1BL51H8JR202060 Mileage - 142, 621 License # - (E) 101770 . Vehicle # - 92 14 . 1988 Chevrolet Caprice VIN . - 1G1BL51H7JR202065 • . Mileage - 140,575 License # - (E) 101768 Vehicle # - 93 . 15. 1988 Chevrolet Caprice . VIN - 1G1BL51H7JR201482 Mileage - 151, 678 License # - (E) 101789 Vehicle # - 94 16. 1989 Dodge Van Wide One VIN -, 2B7KB31Z6KK386720 Mileage - 152,416 License # - (E) 272902 Vehicle # - 67 • 17. 1989 Dodge Van Wide One 18. 1989 Dodge Van Wide One VIN - 2B7KB31Z8KK386721 VIN - 2B7KB31Z8KK386719 Mileage - 160,755 Mileage - 153 , 826 License # - (E) 272903 License # - •(E) 272904 Vehicle # - 68 Vehicle # - 69 15 ATTACHMENT B VEHICLE INSPECTION 1. All System vehicles will be subject to a Preventive Maintenance. Inspection every three (3) months. . It is the responsibility of San Gabriel Transit, Inc. to flag each vehicle every three (3) months for its Preventive Maintenance Inspection. All vehicles must be inspected within one week of three (3) months from the previous inspection. Such inspection will take place at a location designated by the City. Such inspection will be logged on the Preventive Maintenance Report form by the mechanic performing the inspection. All items of the form will be inspected by the mechanic and either approved or cited as being in need of repair or adjustment. All items cited for repair or adjustment will be logged on the summary sheet that is attached to the form. One copy of the Preventive Maintenance Report form will be given to San Gabriel Transit, Inc. and one to the City. Any item that has been identified as in need of repair or adjustment must be corrected by San Gabriel Transit, Inc. at their own expense. San Gabriel Transit, Inc. will have one (1) week to make the repair or adjustment as identified on the Preventive Maintenance Report. When the item has been repaired or adjusted, San Gabriel Transit, Inc. will supply the City with repair invoices or documented proof of completion. No System vehicle may be put into service until final approval has been given on all items listed on the Preventive Maintenance Report form. 2 . All System vehicles are subject to an unannounced spot maintenance check periodically during the year. The dispatcher will be notified by the City at least one hour before the spot check is to be held. The vehicle will be required to report at the time and place designated by the City. The vehicle inspection will be in accordance with the Preventive Maintenance Report form. The approximate time that the vehicle will be out of service will be one (1) hour. After the vehicle inspection, the vehicle will be available to be returned to service if the inspection does not identify any defects. Should any defects be detected, they will be logged on the Preventive Maintenance Report form and returned to the driver. The vehicle will not be available for service until the defect has been corrected and the vehicle has been reinspected by the City Yard. 3 . All System vehicles must be maintained and remain in compliance with the provisions of this Agreement, the Arcadia Municipal Code and the California Vehicle Code. 16 VEHICLES AND EQUIPMENT 1. All System vehicles will operate on tires that are of the same size, rating, design and manufacturer as those tires that were on the vehicles when San Gabriel Transit, Inc. took delivery of the vehicle from the City of Arcadia. Any deviation from the specification of the original tires must be approved by the City of Arcadia. Once the tire wear bars are visible, the tires must be replaced. 2 . When new front tires are installed on any System vehicle, the vehicle will undergo a complete front end alignment with the new tires in place. Such alignment must take place within 250 miles after installation of the new tires. 3 . All System vehicles will use the same prescribed weight of motor oil as specified in the original owner's manual of the vehicle. 4A. Each System vehicle's exterior must be: 1. Washed twice weekly. Receipt of payment for each wash, shall be included with each billing. 2 . Waxed every other month. Receipt of payment for each wax shall be included with each billing. B. Each System vehicles's windows, interior and exterior, must be cleaned every day before the vehicle is put into service. C. Each System vehicle's interior, trunk and passenger compartment must be: 1. Swept out daily. (Every System sedan must be equipped with a small hand broom to be used in sweeping the vehicle. Every System van must be equipped with a standard broom to be used to sweep the vehicle. ) 2 . Vacuumed thoroughly once a week. 3 . System vans must have their interior floor damp mopped once a week. 5. Contractor must notify the City whenever any of the System vehicles are out of service for twenty-four (24) hours or more because repairs are needed. The City must be notified the day the vehicle will be taken out of service and the estimated downtime needed to complete the repairs. 6. Contractor must notify the City monthly, in writing, of the odometer readings of each vehicle and of the amounts or motor oil, automatic transmission fluid and gasoline that is consumed by each System vehicle. Such notification is due to the City within three (3) working days after the last day of each month. 17 7 . Contractor must send copies of all receipts for all work performed on System vehicles to the City. Copies should be forwarded to the City with the Bi-Weekly Vehicle Maintenance Summary Report. 8. Any exterior or interior damage or any mechanical breakdown to the System vehicles must be repaired by Contractor, at their expense, within thirty (30) days after the date the damage or mechanical breakdown occurred. 9 . All System vehicles 'must be readily identifiable by vehicle number from the sides and rear of the vehicle. Vehicle numbers will be placed on the front fenders and rear deck lid of the vehicles. "Arcadia Transit" must be displayed on the right and left sides of all System vehicles. 10. All System vehicles, while in possession of San Gabriel Transit, Inc. , will be maintained as when delivered to San Gabriel Transit, Inc. , by the City. All operating equipment (i.e. , air conditioner, heater, windows, gauges) must be maintained and operational while the vehicle is in service, unless otherwise approved by the City. 11. All System vehicles must have their motor oil changed every 3 , 000 miles. 12 . All System vehicles must have a complete engine tune-up every 8, 000 miles. 18 ATTACHMENT C During the performance of this contract, the contractor, for itself; its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1`. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation (hereinafter, "DOT") title 49, Code of Federal Regulations, Part 21 gas they may be amended from time to time (hereinafter referred to as the Regulations) , which are herein incorporated by reference and made a part of this contract. 2. NONDISCRIMINATION. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibted by Section 21. 5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3 . SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. 4. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Recipient, or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the Federal Transit Administration may determine to appropriate, including, but not limited to: 19 a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspensions of the contract, in whole of in part. 6. INCORPORATION OF PROVISIONS. The . Contractor shall include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and , leases of equipment., unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Recipient or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 20 ATTACHMENT 2 DIAL-A-RIDE COMPENSATION SURVEY September 1, 1994 Type of Passengers Passengers Cost Auto Liability Name System Per Year Per Hour Contractor Per Hour Insur. Limit Arcadia Transit Gen. Pub. 158, 400 5. 3 San Gbrl. Tnst. 24 .25 3, 000, 000 Dial-A-Ride Snr/Dsbd 33 , 600 N/A ATE/Ryder 29. 57 5,000, 000. ( El Monte Di Glendale Dial-A-Ride Snr/Dsbd 50, 000 4 . 5 San Gbrl. Tnst. 28. 60 5,000, 000 Monrovia Transit Gen. Pub. 77 , 000 5,9 Dootson 24 .31 5, 000, 000 Pasadena Dial-A-Ride Snr/Dsbd 82 , 000 4 . 5 Mayflower 27 . 99 5, 000, 000 Pomona Val. Tnst. Auth. Gen. Pub. 115, 000 4 . 6 Mayflower 32 . 00 10,000, 000 Redondo Beach Wave Gen. Pub. 86, 000 6. 0 Dave Systems 36. 36 10, 000, 000 A Medi Ride 27 . 48 5, 000, 000 Dial-A-Ride Snr/Dsbd 15, 600 N/A Dootson 38 . 76 3 , 000, 04 ` Temple City Dial-A-Ride Snr/Dsbd 12 , 000 N/A 69,955 5. 1 29 .92 5, 666, 666 '.,__,/' AVERAGE 26.75 10, 000, 000 ARCADIA TRANSIT (proposed) 11% PERCENT BELOW AVERAGE osis -iv liaimmit. OP Memorandum RpoRATE9 DATE: OCTOBER 27, 1994 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL • FROM: DONALD PENMAN, PROJECT CONSULTANT SUBJECT: FESTIVAL SANTA ANITA FOLLOW-UP REPORT • SUMMARY The purpose of this report is to present information relative to Festival Santa Anita as it pertains to the City's conditions of approval and involvement in this event. BACKGROUND • The Santa Anita Race Track (SART) received an Outdoor Entertainment Permit (OEP) to conduct a .three day event called "Festival Santa Anita" over the. weekend of September 3, 4 and 5. Several conditions, pertaining to noise, traffic, security, licensing, and laws of operation were imposed by the .City as part of the permit. The event was held on September 3 and 4, and was canceled on Monday, September 5 due to low attendance. This report will not attempt to analyze the reasons for the lower than expected attendance, but will evaluate the event from the perspective of the City's involvement. The primary concern of the City was the noise impact from the Festival on the adjacent residential areas. To assist in the evaluation of the permit application and the monitoring of the noise, the City retained, at SART's expense, the services of a noise consultant. The consultant assisted in the following areas: 1) Review and comment on Festival proposal as it relates to the City's Noise Ordinance. . 2) Determining what effect existing ambient noise levels in the GniEtynmay may have upon noise measurements during the Festival. (.; �A � ltd, R2, & '( I Copy 40.3 Kelly , October 27 1994 Page 2 3) Performing a pre-Festival amplification check to establish appropriate sound levels so as to comply with the Arcadia Noise Ordinance. 4) Conducted Festival noise monitoring. To perform the noise monitoring, three stationary sound monitoring systems were placed in nearby locations at 300 Santa Rosa, 120 Santa Cruz, and at the north end of the SART property, immediately adjacent to the rear property line of a residential lot on Harvard (part of the "lower Rancho"). Additionally, there was one mobile sound monitor that was used throughout the event to take sound readings at random and in response to complaints. The City Code establishes 55 dba for 15 minutes or longer as the maximum noise limit on an abutting property. Higher noise levels have a shorter permitted duration. DISCUSSION Noise The Police Department responded (with the noise consultant) to eighteen (18) calls on Saturday, September 3 and eleven (11) on Sunday, September 4 from the public. On two occasions, noise readings above 55 dba's were recorded, and the Festival operators were contacted and advised to reduce the sound, which they did. However, those noise levels did not constitute a violation of the Code since they were not in duration longer than fifteen (15) minutes. Though all the calls pertained to the amplified sound, there were some variations in the nature of the complaints. Many individuals wanted to go on record as being opposed to the event. Several complained because they heard the music (although measurements did not produce readings in excess of City Code permitted levels). A few individuals complained about the type of music, and several were upset over the duration of the event. • Subsequent to the event, data from the stationary monitors was collected and analyzed. Noise levels at the residential locations on Santa Rosa and Santa Cruz fell within the noise levels established in the City Code. However, noise readings from the monitor located on SART property, adjacent to properties on Harvard, consistently recorded levels in excess of the Code. The Saturday average at this location was 58.54 and Sunday was 57.5. In contrast, the noise readings taken on Harvard from the front of the property resulted in a 49 dba level. Therefore, it appears that those properties abutting SART in the "college tract" experienced the highest levels of noise from the Festival. • Kelly October 27, 1994 Page 3 • Traffic and Security Based upon the attendance projections provided by the Festival promoter, the;Police Department established a staffing plan for traffic control and security. However, because the event attracted only 620 paid admissions on Saturday, and 1,149 on Sunday the Department significantly downsized its staffing when it became apparent that crowd size would be far below original projections. Total Police Department expense to provide security and traffic control was $4,390.00, which will be reimbursed by SART. During the two days of the Festival, there were no problems with patrons and there was an extremely high level of cooperation from SART, the promoter, and others associated with the event. It is important to keep in mind, however, that the small crowd size did not serve as a good barometer in establishing staffing levels for future events. FISCAL IMPACT As previously noted, the Festival attracted 1,769 paid admissions, resulting in $884.50 in admission tax. Business license fees generated $1,225.00 from vendors and others required to secure licenses and permits from the City. The original gross amount of business license revenue was $1,837.50, but $612.50 was refunded due to the cancellation of activities scheduled for Monday. City costs incurred for the project consultant, noise consultant, security and traffic control, and some Public Works clean-up should total approximately $27,000, which will be paid for by SART. CONCLUSION The low attendance was obviously;a disappointment for all and may not have provided the best model for judging future events. However, the Police Department's experience with large racing day crowds makes this aspect less significant in terms of analyzing future activities such as the festival. Kelly October 27, 1994 Page 4 Despite the small crowds, some valuable data and experience was gathered with regard to noise. In most of the residential areas, the noise levels did not exceed the City Noise Ordinance standards. Although there was a total of 29 telephone complaints, there were only two readings above 55 dba. Nonetheless, music from the Festival was audible in the adjacent residential, areas. Based upon the experience gained from this event, the following areas should be carefully considered when evaluating proposals for future activities and the conduct of those activities: 1) The stationary monitoring systems provided a solid database which should be helpful for future events. However, periodic monitoring by staff (or consultants) at different locations should be conducted to ensure noise levels remain within Code-permitted levels. 2) The duration of an event should be evaluated against the impact it will have on the residential areas. Several persons expressed concern not over the noise itself, but that they would hear it for six to seven hours a day for two or three days. RECOMMENDATION It is recommended that this report be forwarded to the City Council and that they receive and file it. --APT\Miq Approved Attachment Acentech Incorporated Acoustical&Environmental Technologies Report No. 126 Project No. 616720 FINAL NOISE ANALYSIS OF THE FESTIVAL SANTA ANITA R. E. Nugent October 1994 Submitted to: City of Arcadia 240 West Huntington Drive Arcadia, California 91066-0060 Report No. 126 Project No. 616720 FINAL NOISE ANALYSIS OF THE FESTIVAL SANTA ANITA R. E. Nugent October 1994 Submitted to: City of Arcadia 240 West Huntington Drive Arcadia, California 91066-0060 Report No. 126 Acentech Incorporated EXECUTIVE SUMMARY Acentech Incorporated was requested by the City of Arcadia to advise them on technical noise issues related to the Festival Santa Anita. After review of the noise ordinance and the proposed Festival activities, Acentech prepared a preliminary report advising the City on community noise measurement procedures and changes to the performance stages to reduce Festival noise levels in the community. Prior to the Festival, Acentech placed noise monitors in the community and along the Santa Anita Race Track property line to quantify noise levels in the community during conditions with and without the Festival. Acentech also assisted the City during the Festival in sampling noise levels in the community during the event. The results of the noise monitoring indicate that the noise levels in the community west of Santa Anita Race Track did not increase, although the music was audible. Noise Levels on the upper Rancho monitoring location increased by approximately 10 dB. Observations made in the "University" area north of SART indicated that average noise levels were higher than in the community east of SART but remained below 55 dBA. During a performance that occurred on both days levels in the community exceeded 55 dBA at 292 Oakhurst Drive. In both cases corrective action to reduce noise levels from the performance was taken. Report No. 126 Acentech Incorporated TABLE OF CONTENTS Section Page EXECUTIVE SUMMARY 1. INTRODUCTION 1 2. BACKGROUND 2 3. CRITERIA 6 4. AMBIENT NOISE LEVELS 8 S. FESTIVAL NOISE LEVELS 14 6. CONCLUSIONS 20 • ii Report No. 126 Acentech Incorporated 1. INTRODUCTION An application for an Outdoor Entertainment Event Permit was received by the City of Arcadia pertaining to a 3-day event entitled "Festival Santa Anita" to be held in the infield at Santa Anita Race Track (SART). The festival would run from 11 a.m. to 7 p.m. and include five performance stages featuring a variety of Latin music. The city goals are "to provide the best sound for all events and to insure appropriate sound quality balanced with respect for nearby residential neighborhoods." Some nearby residents have experienced a degree of annoyance from past infield events. Acentech Incorporated has been retained by the City of Arcadia to advise them on the issues pertaining to sound and community noise. A number of steps were taken to reduce the annoyance from the event: (1) a set of criteria was developed to address the concerns of both the listeners and the residential community, (2) the framework of a process that will allow the City to monitor and limit noise intrusions into the residential community was developed, and(3) cooperation with the city of the festival promotor to work with the city in reducing the level of noise reaching the community was obtained. The process of monitoring the noise from the festival, the results of the monitoring program, and recommendations for future events are included in this report. 1 , J I • Report No. 126 Acentech.Incorporated 2. BACKGROUND Many outdoor venues all over the country have struggled and are struggling to meet the needs of the listeners while limiting the annoyance felt in nearby communities. Although the level of sound can be easily measured and quantified, the subjective response of individuals to various types and levels of sound is a matter of individual perception. Some residents may feel that if they can hear it it's too loud. Others may feel that if it's loud enough to interfere with casual conversation or listening, then it's too loud. Still others enjoy the free music and may even wish for louder and clearer sounds. Noise is usually defined as sound that is undesirable because it interferes with speech communication and hearing, or is intense enough to damage hearing, or is otherwise annoying (unwanted sound). The characteristics of sound include parameters such as amplitude, frequency, and duration. Sound can vary over an extremely large range of amplitudes. The decibel (dB) is the accepted standard unit for measuring the amplitude of sound because it accounts for these large variations in amplitude and reflects the way people perceive changes in sound amplitude: Figure 1 illustrates sound pressure levels in dB of various sound sources between 0 dB (threshold of hearing) and 110 dB (threshold of pain) and their corresponding amplitudes. Different sounds may have different frequency content. When describing sound and its effect on a human population, A-weighted (dBA) sound levels are typically used to account for the response of the human ear. The term "A-weighted" refers to a filtering of the noise signal to emphasize frequencies in the middle of the audible spectrum and to deemphasize low and high frequencies in a manner corresponding to the way the human ear • perceives sound. This filtering network has been established by the American National Standards Institute (ANSI). The A-weighted noise level has been found to correlate well with peoples' judgements of the noisiness of different sounds and has been used for many years as a measure of community noise. Community noise levels usually change continuously during the day. However, community noise exhibits a daily, weekly, and yearly pattern. To compare noise levels over different time periods, several descriptors have been developed. One descriptor is the equivalent sound level (Leq). The Leq is the equivalent steady-state A-weighted sound level that would contain the same acoustical energy as the time-varying A-weighted sound level during the same time interval. The hourly Leq is often used to describe peak-hour traffic noise. Based upon police reports, the background noise levels range form below 50 dBA when there is no activity to over 70 dBA when vehicles or aircraft fly over the community. These sound levels are 2 • • Report No. 126 Acentech Incorporated Common Outdoor Common Indoor Sound Levels Sound Levels . . ?:::J':'cwYXr.;�.YGiw�`b?'t't:7G:.':.�.t?t.K.."'kr.Yr..;•:±4C:t;�????#;:M.nktS.<.R'tN's';v.,..::;?.....;:?`:�C•:?::......nto::.....,w.v`?,^ri?2:?rw:S???Y.^..:a\•„r,:.„�;??.ri::,±•X,:::•.c�.,,..,%N?4?'tc•„"1Y":Y 110 Rock Band •Jet Flyover at 1000 ft -- 100 Gas Lawnmower at 3 ft . Inside Subway Train (New York) —.— 90 Diesel Truck at 50 ft - Noisy Urban Daytime Food Blender at 3 ft Garbage Disposal at 3 ft 80 Very Loud Speech at 3 ft - Gas Lawnmower at 100 ft Vacuum Cleaner at 10 ft -- 70 Commercial Area • Normal Speech at 3 ft Heavy Traffic at 300 ft • ---- 60 Large Business Office Quiet Speech at 3 ft • • - 50 Dishwasher Next Room Small Theater, Large Conference Quiet Urban Nighttime • Room (Background) — 40 • Quiet Suburban Nighttime Library • -- 30 • • Bedroom at Night . Quiet Rural Nighttime Concert Hall (Background) — 20 Broadcast and Recording Studio 10 • • Threshold of Hearing 0 Figure 1. Sound Pressure Levels for Various Sound Sources 3 Report No. 126 Acentech Incorporated typical for quiet suburban areas as shown on Fig. 2. Sound levels in the community are constantly changing due to occurrences of nearby and distant activities. The community has grown accustomed to these fluctuations and has accepted their presence as normal. For example, the communities around SART have grown accustomed to the race announcements and cheering resulting from the SART during the race day and have come to accept these sounds as part of the local environment. Several physical mechanisms affect the sound as it propagates from SART to the community: (1) spherical spreading(distance attenuation), (2) diffraction over the structures along Colorado Place and • the ridge line north of SART, (3) ground attenuation effects, (4) atmospheric absorption over the propagation distance, and (5) meteorological conditions such as wind speed and direction and temperature inversions. Wind gradients can also "carry" the sound down. Spreading (or distance attenuation) reduces sound pressure levels over distance by approximately 6 dB for each doubling of distance. The residential area is approximately 1300 feet from SART infield. The behavior of sound bending over structures is analogous to optical diffraction. Low frequencies pass more easily over the structure while high frequencies do not. The overall reduction provided by an intervening structure is based on its geometry relative to the source and receivers. The higher the barrier the better it will perform, and the nearer to either the source or the receiver the better it will perform. Ground effects include the phenomenon of sound reflected by the ground arriving at a point in time slightly after sound traveling on a direct path. The sound from the two paths can be in-phase or out- . of-phase depending on geometry, ground absorption characteristics, and frequency. In the case of sound propagating from SART over the asphalt parking lot with scattered parked cars, the sound may be reduced only slightly by its effect. Atmospheric (molecular) absorption is the process by which sound energy is absorbed by the air. It is dependent on the temperature and moisture content (relative humidity) of the air, the distance between the source and receiver, and the frequency of the sound. The attenuation provided by atmospheric absorption is on the order of a few dBA in this case. 4 s 3aaJ S uegtngns la!nO a uo palnseaw punos looping ieoidiC1• z a.tn313 A•Weighted Sound Level S n ft in dB re 20 Micro Pascals R. Q. r9 0 0 Cu 0 0 0 5 _S 1 el ° �- D _ A a._. Cl� �C � 11"). O '° N =-o. � m--,--_--. A o _______. g q ..,. -� Cr) e T �W K - C. f m vi M -� �1�� O M �a O B �� 4 �; f Z — � D. 4 C c: ! _ N ml CO C � CO v //1 X c 0 _-<-/---------*'----------,,,;-'-- — jam! - . 1 ••:..N• Te- .5.... .-- -. - col Itt 1.A , o (, ? _- Report No. 126 Acentech Incorporated 3. CRITERIA Although many local residents may have appreciated past concerts and enjoyed the music, several residents have complained. These residents complained about hearing the music at their homes during past SART activities. Most community noise criteria, include the assumption that sound levels are intrusive when they are a certain amount above background ambient levels. Based upon police reports during past SART infield activities, many concerts did not produce abnormal sound levels and were not significantly above background ambient levels. However, others were loud, approaching 70 dBA for some of the residential areas surrounding SART. The concerts that were audible (barely discernable) at many of the residential areas did result in some complaints. The audibility of the music itself was perhaps a source of annoyance. It should be recognized that some people will always indicate annoyance while others will never indicate annoyance regardless of the noise levels. Audibility is not a rational basis for setting criteria for residential neighborhoods. If it were, all activities in the neighborhood would need to be eliminated. The City of Arcadia Municipal Code, Section 4610.3 "Noise Limits," restricts the sound from amplifying equipment received on residentially zoned property to an hourly level of 55 dBA. Higher levels are permitted if the duration of the sound is less than 15 minutes (see Table 1). Since each stage performance was scheduled to last approximately 1 hour, the 55 dBA limit applied to SART events. Based on existing police reports and our own experience in community noise issues, the limit is reasonable to protect the public from outdoor activity interference but would still be expected to be audible. Table 1 Daytime Limits, dBA from the City of Arcadia Municipal Code, Section 4610.3 Zone >15 minutes 5-15 minutes 1-5 minutes <1 minute Residential 55 60 65 70 Commercial 65 70 75 80 Industrial 70 75 80 85 Most municipalities in Southern California have set daytime noise limits at either 50 or 55 dBA. Many ordinances around the country have followed the EPA's lead and are using Leq (equivalent level). It is defined as the steady level that has the same energy as the time-varying level. Since it is an energy averaging process, Leq emphasizes the high levels. This is appropriate for use with an 6 Report No. 126 Acentech Incorporated annoyance standard. The period sampled is arbitrary as long as the sample is representative of the music and is not biased by traffic or activities in the community such as yard work. As stated above, the Leq 55 dBA criterion would protect against most activity interference. Satisfactory outdoor conversation up to a separation of approximately 10 feet is possible at 55 dBA using a normal voice level. It will not protect against annoyance or result in sounds being inaudible. Depending on attitude and other nonacoustical factors, 1 percent of the community may complain and 17 percent may indicate annoyance. • 7 Report No. 126 Acentech Incorporated • 4. AMBIENT NOISE LEVELS In order to determine the effect that existing ambient noise levels in the community may have upon the noise measurements during the festival, noise monitors were set up in the community to record ambient noise levels during comparable hours when the festival would be operating. Three precision integrating sound level meters were positioned at locations shown in Fig. 3. These locations were chosen to be indicative of the noise environment that could be affected by the festival activities. Monitor location 1 was on the upper Rancho on the north edge of Santa Anita property with unobstructed view of the north half of the infield. The monitor was approximately 15 ft south of the property line. Monitor locations 2 and 3 were located in the backyards of residences located at 300 Santa Rosa and 120 Santa Cruz, respectively. Locations along W. Colorado Place are dominated by traffic noise and would not be indicative of the noise environment of a quiet residential neighborhood. The sound level meters were field calibrated with a source traceable to the National Institute of Science and Technology and programmed to record data from 10 a.m. to 8 p.m. on August 27 through August 29, 1994. They were programmed to summarize the noise environment in 1-minute, 15-minute, and 1-hour interval periods; to use slow meter response; and to record A-weighted levels. Microphones were positioned 5 feet above the ground•on tripods and a 3-inch-diameter windscreen was used to protect the microphone from wind-generated noise. The sound level meters sample the noise level 32 times per second and use these data to compute and store various information about the noise environment. Figure 4 presents the results of the 15-minute and 1-hour interval measurements at location 1. Plotted are four different values as a function of time. The four values shown are: • Maximum Level (top dashed line) - This is the highest level that occurred in each 15- minute interval. Could be caused by a bird chirp, dog bark, airplane fly-over, or other short-duration natural or human event. • 15-minute Leq (black squares) - This is the energy average of all sound occurring over a 15-minute period. • 1-hour Leq (solid line) - This is the energy average of all sound occurring in a 1-hour period. • Minimum Level (bottom dashed line) - This is the lowest reading recorded during a 15- minute period. 8 • • Y •- tLUKAL AV' ` E_ __ _ _ FLORA `. _ /1W FOREST AV §z E FORE'■ ie W VI(' ••• COLORADO : i•r': .' R' LOS AIYGEtES U.MRRIOGE '~�'► ��0� /a„� y���`�` F � - _�� ;_ "�JRIETT4 J �. \vP of iy RV;RD DR '�332 L3 i CC wcsctmr �. r COL�RA •�' .'AND: �� DR 24 2 11 !..t 11111 ,. d 1DR \STAT. . , 15 � 1 'lv vO �a c LA PORT `� cc..1 = J . ST I GJE;0 iJ;5 APBORE.TUM . " 00 = J a = JO EPH_ rdos! 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ARCADI�_�-. -� R�_ _- �g a AFCI•DIA AY - -- 1 W MAGNA VISTA` AV .:,— w VI PO Y W ,'- 5:;$3 g Jo .`n:,tP t V AVA 5 �� W LA SIERRA DR _ A WEST ►! < W LE ROY V w W LE ROY AV to LE ROT AR;A�11A - R r C-A.ER • -- AV .:� S NAOMI :AV tiArtaAT • Figure 3. Noise Monitor Locations • • 9 . 0T 15 MINUTE INTERVAL SOUND LEVELS, dBA 1 W . cn V co to 8 Q Q Q q O_ I .■ 1 F .. 4.'�p 1- ' 1 1 co ...,(,) co = .' t7 : 0.1„ 1 I.... . . •....... ..., . . . i , .... _ . , ,.....,,, .m ............:,...- ......•••... -I, J • __ 1 1 I Z 1•• • 1 1 •• Ay _a.= A 1 • 1 1C� • W_ • -0,* I V - II ■ I e•••• 1 1 , Cn • 1 3• rn • ,. • C rn , 1J e. 1 • •.t s s "W N '.;r Y dig .,-T CD i r • �'' r rn .4. 'P-- It • • J• M M 0 > 1 • 1 1 1 1 ■ 1 1 as ; `: • I ; •11 • 1 •1....... 1 1 1 V J ►i ■.---'- 'ter.---:-- rn 1 .�• 1 1 1 ■ I r Z C ■ ■ .......... �1 I j 1 CD N- % ✓ti.f,::� i A4 tie 1 1 I 3 1 . /�� 1 CD ■ - I. 1 1 • 0 cn ; • = C 1 . 1`..• 1 1 ■ ■ /�� - 1 • 1 1 1 1 1 VI- 3 . J •■ • ••._ - ' 1 1 I t • • I ■ I E. ., 1 ...` 1 1 1 CO— _�-e • }•-'tom' f l f i ■ 1 •1;- 1 i I ...a ,�I • 1 1 1 1 1 ■ I ■ I • Report No. 126 Acentech Incorporated The noise environment at location 1 is fairly stable. For the most part the Leq levels remain between 45 dBA and 50 dBA. Appendix A contains the graphical presentation of the 1-minute Leq values measured at the three locations. Each triangle represents a 1-minute average level and the solid line represents the 1-hour Leq. As can be seen by the density of points above and below the 1-hour Leq, the Leq is biased towards the noisier occurrences. Figure 5 summarizes the ambient levels measured at 300 Santa Rosa Avenue. The noise levels are very comparable to those measured at location 1. The 15-minute interval maximum levels fluctuated by about 10 dB around the 60 dBA level. The 15-minute and 1-hour Leq values were typically around 50 dBA (about 3 dB above location 1). The minimum level was typically between 40 dBA and 45 dBA. Figure 6 summarizes the ambient levels measured at 120 Santa Cruz Avenue. The levels are very similar to those measured at the other two locations except for a brief period (less than 1 minute) on Sunday and Monday when levels exceeded 110 dBA. This level is similar to someone slapping his hands together next to the microphone or shouting into it. • 11 Ab'ONOW Ar/ONnS Avognivs 61. LL 91. EL 1.1. 61. L 91. Cl. 11 61. L1 91. Cl. 11 81 91. 17 Z 01. 81 91. t41 Z1 01 81 91. tit Z 01 iii III iiii1iiiuiiiu III iI111111 III III IIILIII HI III 11111 wiii 111111111u1111111111111111!1111111 iii III into£ iana1 uanunuiw 01 •-_-1----7---•T_._-•----f----T-_--I----7----1J•�•----T-_--•----f•__-r •_ 17-•-•-1-1----f♦---1-T-•---r-r---.---w--,r---T---1-•--t-- .7T--r-•-Tr--•►_I.r•• •-�i : : i • I,M• ••0000 I , I 4r� I I • .� ,r • . w r • I • .. ••I • I - , • •I•• rr••••� . •r•r• r • j r•••• • Y • I �✓ 7 I - , ■ • . ■ , • , • ■ • r•, ..11 1 • I �■ ■I ■ I 1 j ■" :;Y '_•_4.Y .----.•-- ---►-..--1- .'V-it-T-.----•1.:---•:.-.-- r• r I,••----I•---rI te__- • 11••00•-_►-_•-r- --I---_•.-_-_.ate r -•_•• • --a•--- i✓- 9• •▪ M •• • �r i ▪• •• • • • I ••• I i) • •• • •. • • ••f m •:i ; • y • �� • i• I • . i ET 15 MINUTE INTERVAL SOUND LEVELS, dBA 0 ..J. l ° °_ ' 1 • I i• 1 1 1 1 ■ 1 �.�• 1 j / I _ 1 I r• 1 ( I I J _ ,I 1 I; . 1 1 • I 1 :i. 1 1 I - 1 , „,„.._Cr) W _ I . •�1 t. t"M I 1 :' ■ ' •I 1 I 1, I •• I 1 I CD O v, - 1 • ... IAN I I Z r I j 1 i . I I T L.y._... /------ .• .l . J i V il /■ 1 ••• 4........ 1 I I 1 ••1 ■ 1-1 1 1 -a 1 1 _ 1 i 1 ♦ 1 I 1 1 V • 1 1 , 1 1 1 1 1 1 .•, I 1 1 1 O - 1 t ■ •t• I I I I f - t•tt......M 1 1 1 _ _ •_ 1 1 '•�' 1 1 1 ttttt� -, - • I i...L. ••••• 1 1 I 1 • I: I 1 I I I • f °_ •. 1 1 1 1 1 I I O 174 _ , 1 • I '..j 1 I 1 _ 1 I 1 I 1 ■ I {-•IC 9 I +.---- ---. -1- i ' I • \ H N- . 1 • • I 1 I • , 0 CI' ..•,‘ I 1 1 I I. . > TO a) ._ 1•• 1 I 1 1 '4. 1 , 1 I • 1 I ,I �•• ' • .s 1 • 1 I 1 1 1 I M V _ � 1 , 1 f• 1 � N _ I ' ■ I • 1 I 1 3 I 1 1 • 1 1 1 ; 1 �- +--- ; :: r 7 N y ri YI _ .. I - 1 •,.........1 1 1 C , r 11 t' ' ••• ' 1 ^ - { • ... I 1 1 I 1 I I I I 1 -a_ 1' I 1 I I - II} , N- -'f----I--"- I Wig u4 1' N CD it Ca _ I I 1 I 1 I I I I I 1 l 1 1 1 1 I - I •, .4..• I 1 1 1 1 I = I f 1•• • I 1 1 I : : • V, I , :. 1 I 1 I ■ ' 1 'I I I 1 1 a - r4 -- -7 ••17..•• -. 1 . .-1. , • 1 1 1 1 w 1 I 1 1 _ 1 . .;1 1 r 1 I 1 ( -•--�, ■ i•,,....t.; •. CD -1- i } . — I ♦ ■ : e..'..•.• • I I 1 I J — '♦• • ......••••••... ' I I I — • . IN I ...:' I I I I I '— I. ■ I •..• I I I I I I - I I ( ) • f • Report No. 126 Acentech Incorporated 5. FESTIVAL NOISE LEVELS On the morning of September 2, the operator of the festival performed sound checks of the stages and the levels were monitored at location 1. The operator adjusted the amplitude based upon the measured levels at location 1 during these tests. After these sound checks the noise monitors were deployed at the same three locations used during the ambient measurements in order to collect historical data of the event. The festival noise levels were checked in the community at random locations and in response to complaints by citizens. These measurements were made either at curbside or, when asked by the resident, in the backyard. When the sample average exceeded 55 dBA a police officer was notified at the SART infield and levels were reduced at the appropriate stage. The measured level exceeded 55 dBA on two occasions at 292 Oakhurst Drive, once on Saturday and once on Sunday. Each time corrective action was taken. Due to the changing of performers throughout the day on four amplified stages, it was difficult to ascertain which stage was causing the level in the community to be, exceeded. Response was somewhat slowed by a trial-and- error period during which the offending stage was being located and adjustments made. The sound stage operators were very cooperative when asked to reduce the levels. Appendix C is a log of the measurement samples during the 2-day event. The comments received from many of the residences were associated with the level, the length of the event, the type of music (most would not have chosen Latin music), the steady beating from base instruments, and the inability to enjoy the music due to the confusion of sound from four different stages at once. Following the festival the stationary monitor data were collected and evaluated. Figure 7 presents the results of measured at location 1, on SART property about 15 ft from the north property line. The noise levels during the hours of the festival increased by about 10 dB at location 1 and exceeded the 55 dBA criterion by about 2 to 6 dB during the performance hours. This was a surprise since' measurement samples in the community north of SART had been below 55 dBA (see Appendix C): Figures 8 and 9 present the backyard monitoring data at locations 2 and 3, respectively. Neither the 15-minute nor the 1-hour Leq values exceeded 55 dBA during the festival hours. Comparing these two figures with the corresponding ambient figures, very little increase in levels could be attributed to the festival. These levels compared very favorably with the samples taken at other locations in the community during the festival. Table 1 presents the summary of ambient and festival weekend hourly Leq noise levels. Also provided is the 7-hour average level for the performance period beginning at noon and extending through 7 p.m. for each of the six days monitored. Only at location 1, the north property line, were 14 Report No. 126 Acentech Incorporated noise levels significantly higher during the festival weekend. Festival levels at locations 2 and 3 were usually within ±3 dB of previously measured ambient levels. 15 -d a) c 8 > O 000 - 0 - C N N '0 0 w V V V V) V V h V V Q V 000 Vl O. 00 m N M 0 V V V R V) V) R V N N .ti V 1/1 V) N 01 N 00 pp h 4 Q v V v v V v Q .0 U 0 R B a) Q 0 l- [- O %O O O v1 .• ..-1 .a. %o a •-. a: 00 01 O. 'O 0: O. 0 M O: " N v O: N vl R V v V 4 V h V v VI V v C r 4 4 4 V v V v v R y 4 n V V 4 V V v V h r • 00 n V ' O 00 N 00 .-4 . N O' •O N r.-: O. V •� ci N 00 •O N " a '0 O0 V O 00 pp pp V pppOpQ h V y O V V) V NT V) V) V 4 V V V V V) Nl N V V V V V 4 V V 4 41424 V w N O O_ N u al 9 0 ?) M •oas .-. NO n I 'O N .-. N N kr? V .ti V 0. N 0' •O r O: .1, N O. •V in •O O' RO pp h V V v°1 V V h h h h R h H V V Q N V V vN V V R V V 4 V V) VI N h is > NO 0 R N N V4) •O .-4 OD ..I V) n O. N V V in M sT p0p0 V) O. n V) �c)p) �np .-. I■I ■O •O ..7..y V) V1 in h h `o V1 V1 V) V) V1 V1 V) V) V1 V) V1 V1 V) V N R v In Q 'R V v. '•T Q "T w 0 O c . O a O O N .. n O. .-.• NC! .ti O. M Nr∎ . M 10 ■-I M O 00 ..1 11 .1 .1 n N V N pnV V V 4 V R V R -4. 7 R 4 V 4 V Q v, Q V V V h V 4 V V N VV \O N O .. 00 00 00 00 00 e0 F r O .y N M V N •O n 00 O. ^ ... O ..4 N M V v) .O n 00 O. - O .-1 N M Q V) b n 00 O. • FIGURE 7 . FESTIVAL NOISE LEVEL RANGE SART NORTH PROPERTY LINE 100 . cI90....r__------ *•_--r._-.r---.r.-.-7.-_-7-... --•-.----r---r----r--------y.._.1-... ---.•..-.r..-.r....,........-1...................r....r._..r....�_... CO v I I Maximum Levels U!) • . a) > 80— . . . J r15-Minute Leq f ••r d •?I • • 7o-.•....1Lr . :J�•--J --- � --•_a----a -_-L--_-L_. • JJ�__ ____a____L____L__._L _ _J_.._a____L____L___.•..._A... 0 : e: i: t °:• **. • t Hourly Leq• •N CO •• O • % I. • • •• •• • • • n• •w T'• • • r a' ••• r r • r 1 • • •:•/• • . •• • .{,•• w ' .• •, 60-----a , • --•-• '-1----t-....t. -- L'S•- --y-• ;Yl.a.aia.... It-..- .-..i..y u.: a---.L.-iL-{-• ,rt..2- a) mill. • • i : ■ ' • •:; : : ' ••• : r • •••• • • • : • * . • •• ••• :: • • * ■I : , • • • • • • a) P. • •45 50------f----11-4J-t . :;-a-{ -i_44--. A- ----L-i-r- ♦ -44-1- 4---- j;-440-- ■---} z--_-�_--- -_--� • 5 • • r• •• : • 1 ° • f t-•°• :•I f) : '....1 Mmimuim Levels . . •. •: • °°� '•..✓ r40—'----+----f----I- L____L------------- 1----+----L----L----} _ ---- ----f---- ----� t 30 i l i i i i I I I I I I I 1 1 I IIIIIIIIII11111111111I1111111IIIIIIIII IIIIIII Ii1IIIIII11II IIII IIIIII III11111111111111111111111111111111 10 11 12 13 14 15 16 17 18 19 10 11 12 13 14 15 16 17 18 19 10 11 12 13 14 15 16 17 18 19 SATURDAY 1 SUNDAY 1 MONDAY 81 15-Minute & 1 -Hour Sound Level, dBA ei • cfc): ' ......!...:......74......::::::i......15:17:"......;'''''''''1111:C:?91: soes ■ I - , �/� Ca= M---+ 1 I 1 v/ � 1 r 1 . j— $ •■ y'7,••.•. ' 1 1• C 'A'_ 1 •.....J.. r • I \. I • I ••= 1 1 a = I "NI 17 11 lo ....� • . • 1 .•r••, j f 7 • GO — • • ••p ' 8 ■ I I -//�■ •; I 1 C _ i . 71 ril o -1. 1 - . I f I rn —L 1 1 1 3iI I . I 1•J.+ .!: •• •■ 1 .. .' 1 ' v.•. Si = . ; ni N— l• • ..•.•+ 1 0.4. — - 1 {. 0 _ -�----t---f .I. *St J w. ; ♦ •11 1 1 1 I 1 ' I 1 1 Z �,= I 1 1 1•I •• • 1 •• I I 1 1 j�•�- .I. •• I I a V1. I ` •I ... : I T 11 _ 1 ♦ • ..%:. I I 1 — I 1 . I I 1 1 1 • • •, •V — Y .*... Y •I• r T 1 0)— : ; •••.•..N '; 1 .1 — • I .:• 1 I I —L • I ••.. 1 • 1 I■ I •....••.•• I I 1 i — 1 •+ 1 1 1 1 -1.- !..-. Sal....•...•... }L T (.13 j— f 1 .�. 1 I I •• ' ......•. 1 1 1• • I +. • I ..• •, — in 1 •X •3 _T 1 • I I — III 8 • L ; • •• I _ • i ••_ .... .1.• .� .. . ..� —� i I O 1 •. 1■ a T 1 I 1 I •\ I • ,�^•� 1 f ....J J ate• .1... ....�.....•. —W 1 I I 1' ' —T • 1 1 • •.•�•, .. a I --Y/ O I • , :...t 1 , I ,II —T 1 •• 1 =/ — i ; \3. r .., d ..-=T 0 �1 f • I I • E _..=T ' ■ f -N WI 1 1 •..... . ■. I - • E —i 1111 • 1 1 .. 1 • % -.I—. T I I 1 •.• • 2 Z {. J /....;%., .1.... . 044' — I V. I J.�. .L.. ...j. CC I • , 1 1 I ; • j -CO J N . ' _T .... ...f 1 • IMMI T ▪ �: • W I-- ----;- - I in ►,,_ f ; .,•• ... --T oO . I I • i - .r• • • ..1. —N rx4 Z (12. —-T 1 1 1▪ • ':� ' • I 1 I 1 •• • ■ •• : ▪ CV .....1. • I r 1 1 • I ..• I • .f 1 1 1 ..a: =0 r L. 1 ■ �i.VI•I'•'• y.. ..1:..... — , ; f 1 - 1 W • ' ; 1 I • Y Y ■ 1 I -(0 /-. • ......1.—....00:-:::::::::::111:::::"...... �. ...�. =T Q I I S. r•1 1 •.a.C1;... r _til cc I I CJ 1 I : .-w.• ... 7,• ■ ••' — , , ■ I , h. I •■ • — I 1 ...• • I ..•Ir••.i•....u.NaaL•••••:u"-1I .. 4.r. =N ▪ .}. I& V I • -\ - • ■ , •:: : • •I ■ =T •• S 0) co cc to ce) dap `lanai punos JnoH- 1. v einuivi-91. • 19 • Report No. 126 Acentech Incorporated r. 6. CONCLUSIONS 1. The current City of Arcadia noise ordinance should be used to limit the energy equivalent sound level (Leq) intruding into the community to 55 dBA. 2. The City should require that amplification levels of the sound stages be set prior to the event. Levels should be monitored in the community and adjusted downward as necessary to comply with the City Noise Ordinance. If there is more than one amplified stage, the level when all stages are operating should be measured. The critical monitor location (based upon the stage arrangement for the Festival Santa Anita) is the north SART property line. Noise levels along this property line should be the basis of any adjustments necessary to meet the noise ordinance. 3. During the performance, noise monitoring along the north property line, rather than in the community, is recommended in order to ascertain compliance with the City Noise Ordinance. Since atmospheric conditions, type of performance, or stage location and orientation are subject to change, two monitor locations on the north property line are recommended. One of the locations should be location 1 but moved back to the property line. The second monitor location should be located on the SART property line south of where Oxford Drive intersects Harvard Drive. These locations would be minimally influenced by street activity noise and should provide a good indication of SART event property line noise levels. A third monitor location similar to either location 2 or 3 used during the Festival would be less critical since Festival levels were typically 5 dB less at these locations than at location 1. 4. Except for the confusion of determining which of the multiple stages was causing 'a noise problem, the mechanism used to notify the stage operators to reduce noise levels worked fairly well and should be continued. This will permit quick adjustments to the amplified levels if necessary due to change in the performing group or performance. However, the measurement locations should be as described in recommendation 3 above. 4. The contribution of existing ambient levels should not become an issue if SART event average noise levels along the north property line are kept below 55 dBA. Measured daytime average levels were typically below 50 dBA (see Fig. 4). 5. Stages and speakers should not be oriented to face the community. The stages should face either southerly or westerly, away from the residential communities to the north and east. This will take advantage of the mid- and high-frequency directivity pattern of most speakers. 6. Heavy stage curtain backdrops should always be used. This will reduce the community noise from on-stage activities and from monitor speakers that are located on stage and face away from the audience. 20 Report No. 126 "` 1?o . Acentech Incorporated 7. A distributed speaker system should be considered by SART as a way of reducing community noise impact from larger, single stage performances rather than placing all the speakers on stage. A distributed speaker system allows for lower volume at each speaker and for better coverage of the audience rather than using high levels from the stage speakers to provide coverage to the audience in the back. . I 21 APPENDIX A AMBIENT 1-MINUTE & 1-HOUR LEQ Report No. 126 Acentech Incorporated Roving Noise Measurement Log for 9/3/94 Start Time End Time Range Leq Location Comment 12:28 12:38 49-51 51 Santa Rosa 12:45 12:47 50-51 400 Oxford 12:48 12:50 50-51 348 Oxford 12:57 13:03 48-49 526 Santa Maria Lawn mowing:51 13:05 13:09 47-48 Corner of San Rafael & Santa Cruz 13:12 12:15 47-49 NE corner of Motel 6 Parking 13:35 13:40 47-49 306 Santa Cruz 13:45 13-50 48-60 56-54 436 Stanford Backyard 13:59 14:05 48 408 Cambridge Street 14:10 14:20 43-47 329 San Luis Rey 14:26 14:29 48 400 Cambridge Dr 14:33 14:35 51 424 Stanford Dr 14:36 14:37 47-48 320 Cambridge Dr 14:39 14:41 61 Middle of SART Parking 14:45 14:48 51.5 255 Oakhurst Ln Freeway 15:32 15:49 52 466 Sanford Dr 15:55 15:56 50 517 Santa Rosa Rd 16:00 16:01 50 517 Santa Rosa Rd 16:12 16:15 50 526 Santa Maria 16:40 16:45 52 460 Stanford 16:47 16:50 51 329 Santa Rosa 17:11 17:15 48 310 Cambridge 17:38 17:45 47 217 San Miguel 17:46 17:50 47 230 San Miguel 17:55 17:58 Not audible over local traffic 18:12 18:23 56.7-57.3 292 Oakhurst Attempted to contact Infield but music was over by the time contact was made 18:40 18:44 52 292 Oakhurst Traffic APPENDIX C ROVING NOISE MEASUREMENT LOGS Report No. 126 Acentech Incorporated Roving Noise Measurement Log for 9/4/94 Start Time End Time Range Leq Location Comment 13:25 13:30 47-51 49.5-50 441 Stanford 13:35 13:37 309 Joaquin Not Audible 13:47 13:52 44-50 45.4-46.8 310 Santa Rosa 14:48 14:50 45-54 50 304 Santa Rosa 14:56 15:00 46-60 51.5 292 Oakhurst Music & Traffic 15:15 15:20 59 292 Oakhurst Contacted Infield Officer & Level turned down 15:26 15:30 54 292 Oakhurst 15:50 Confirmed with Infield Officers that music was turned down 16:30 16:36 48-61 54 400 San Luis Rey 16:48 16:52 46-53 49 354 Harvard Dr 17:10 17:15 48-58 53 109 San Miguel 17:21 17:23 48-53 51.5 414 Oxford Freeway 17:27 17:30 47-53 49.5 400 San Luis Rey Lawn mower 17:33 17:37 44-53 47 329 San Luis Rey 17:57 17:59 46-52 48 320 Cambridge Dr Traffic & Airplane 18:03 18:05 -48-56 50 216 Santa Rosa AC Wall Unit 18:13 18:14 46-67 53 400 San Luis Rey 18:30 18:35 48-51 311 Cambridge Dr APPENDIX A AMBIENT 1-MINUTE & 1-HOUR LEQ AMBIENT CONDITIONS 27 AUG - 29 AUG SART NORTH PROPERTY LINE 80 - . . . . . . . . . . . 75 i i----i----i----i----t----t----t----t----F----i----!•----F----1.----1. i----'----i----.,----t----• 70- i----i----i----i---- ----t---- ---- ----•----t----•----:- • J 1 i t---- CO • `^r• ...A....L...J.....`...J.....1..-.J....J....J....J-... ..../.... ....1....L....1....L....L....L....L 1....J....J....A...J.-..J....J....J.-..1..... �VLJ/ 4 4) lk 60----.'----J----J 1. J....J....J....J....J-. --J---- --..1.--- -••-1----L-•--1----L....L....L...-L.---L. J L...J.-..J....J....J-.--1 • 4, Y•41' • r. • • • O 55.x....-.•.J.-.- ----0----J•...J..-.J...-J....J----J---- .+-.L-•-- -••- ----L....1----L.-..L.---O-.-��.-.•.L. •-.YL.---J..-.J---•J-�-J+.-a..-.. A M • '. • • 4 • • • A-'• • • I 4 • f• & /L• A* • _ • A. • Y• Y • • • • • • A • MA•ub• 1 ■ • •• •• •-a • • • A • • r • • • • -Y .• i u Y r♦ Y Y T •••:• A • • • • ii • AA •• • • • u •Y • • r , 50,..--.••+Iir ---r,k--I A---•--Y---i--•-------•-,rr-• •--•••---f•--•Ar--.AM--•-,►r-►----••---►---4AMI -----•--aT•--la - -••• ----• : 'A : 1 1 I • ; ; I • I • r♦ :ALA u : W►• • � u• w••I r • • ♦• �-. •r • a• •I • • •Y • a AMA IA•AAA • •• Y• I •A I L ••Y YI•Y Y •4Y 4• •I - IrA •AL Y Y : : • • Y i • I Z AA Y •AYA/YYY W AAA ' •• W AA/AAA • • . • .. 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L. ... . .. • IAA AL rrr A • • 1 .L • AN. A.A. Y.r.. T� ... .. IA rr r Ad. • AY • .. .. .' .. ...J •. •. . .w�.. A.. A.....1 ..r. A. . r .. ...ft A irr u, r.�1�r Y*AL AL YrMr 4..A. •M 1 r• • M Yr r.Al ..An..dr /..a A.a..ar. .W Ai • I ..rM. .L... L►rd......!a=mirrri.a Alm. .Lana 1 ■.r it .ir�L r MAMA. . ..r∎��.rte.rr 1. .j. Yrr.".a r y. . ...Tr .A.�..1► �r.,...••ate....•1.. l /1,. -Yy..•1 ...Anal r I.rANAr AL AWAY.ALLAAAA 1 1 .r ..11.. •••■ • ,••••••a..w.a••••a+ice .raALI. AA ..i.u . .IM`...':r.r..FI, i i r.I... .+r.rF.Iarr .4..r4..r i I i t�.r.^ ..1 ■ �.+,� I.►r.r • .. . . 1 1u Y rrWAA AL 1 A..r . 1 1 Ir .1 r 1 ALAL AAA AA AA 1 10 11 12 13 14 15 16 17 18 19 10 11 12'' 13 14 15 16 17- 18 - 19 10''`11 '-12 • 13 14 15 16 17 18 19 20 SATURDAY 1 SUNDAY 1 MONDAY _ • Report No. 126 Acentech Incorporated Appendix B Festival 1-Minute & 1-Hour Leq FESTIVAL NOISE LEVELS SART NORTH PROPERTY LINE 75 . • M< • W V , • W J • • A •. u • • • /�C •MA •• All sA • • • ♦• ••4 L. 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AA A AAA AMA ■• i& A •• A 4A I. •A • d4 A • A asAAiaA• ► • u u• A► u A►• it �• • • • r• u Ail. •ue • • •• r 0, s i i r • • d MAA AAA AA • :• Al AM • ♦d•♦ •1 D ••1.*A y • $L •••, A i Ay•—� • • • 4 ♦4 u : A A, A. • ,u i , � ,tai----{Aa-♦1A<u-f-- Z50-..A*AY*: q -- • • ♦��A#----I�---f---- ----i---- ----�---- Ar++, •- •-#♦-- ' ' : + a ' MALAY A:♦•♦ :••AA: ••4AAY' r • .♦• • 4Y• 4` Aii�A►•• �. • 4 • ♦A u' A „A , u 4•�: T AA • •: •• Ai YAM L LAY .A•1 • ef1AA�A�A u AWL AA Al :AAA A� : • "-' • AMA:AYA JAMUL,YWA AILLASAIA AL♦ 45-. •--------------A---------;----A----A----3----'-Ar♦i----1----�---- ----1----�----�----�---- �Y►t,k dAAA�AIA1• AY► !1*1Yk AA dL,c1,4 AL • • A6114,414114 ABM► u IJ M• 4 AA 4Ar • • *AMU ilia IWAAtu • iV 4A"IL 48 10 11 12 13 14 15 16 17 18 19 10 11 12 13 14 15 16 17 18 19 10 11 12 13 14 15 16 17 18 19 SATURDAY 1 SUNDAY 1 MONDAY = FESTIVAL NOISE LEVELS 300 SANTA ROSA AVENUE 75 . . . _ 7U---.-,----y. --1-.--.r-.- ,-.--7----1- --7---•-- -- -------------------r---- r----r---- _- .,---.y.--•- -- ---.,- --7-- - .-• ---� . ..•..--• • 6 r •-------------------F • • o- L..' 60----------'----�-----ie. .�--.-J_... --•_�-•-- -•--�-•-- ----a-•--a---- _-•-a---- -f-a.-..a.--'a----a---_ •-_J.-.-J..-..�..- ---_�--•-�---.�.-La---.. = L • ' .• 1 • • = A A • • • w •A • • • • ••■• • • •, A T 1• • A, • i ••AL • • 4 • -/ 55--..----J-rr-J.--•-6---J---• ---rL I- -.J...-J-••- A--a•• - ---- ---•;-��y---'k� ••a.-.-L-..-,.r-J...-J_•.-J..--A..-J.-..J..--J-.-.J.... --... ��JV� I T f '7 '• Y • • AY■ Y: • AA • Y IY• • • •• • a) • i • Y• •• •I4 • ' m1i • Y• • • • •• • 4 • Y • • • :• ♦•• • AAA Y SY A ••1 Y N•mI►•A 1 • • • W 1 AM,• AA • L • • C • • A •1 • • 4• 4 ••4 •,u•1••••• ••• • A n• h• •1•MA• • • A • • • •• \ • ••••Y• Y A MAMI A •11401 • • AIL ' •• • &Is A AA ;MA • m . _T •i '•Aa;•tt•Atl1 A••• Y:•AJL•Y •A111�n AMA • '• • MAY'MAUL. • i• • •■• AA}ILIA* • •:uir :r•AimuiearlaLa if As:• mama►l enitaa d► ••r•A A1lrAriNr•d••YaY•1{Y•Ai, Asa:A ag asAirl ANA A►AIA•mY AM:11•111LAA AlmsL l.mlrla►At•i1r •: mttt111ttst, ►AMA AA£AAA & mtltiMA L A J •A4YY:AA•:AYALAMAILAAAAAm1.1••1 AALAU:11ALILAL • 45-••AAA:-Ai&Mr -••-+•Lli AA.r4111•--i----i--I►4t--W--_a.A*A4MMUA4•---im--F----f----t---4----ilkiLe►-I►+•4Ahil+k•am4+r ilg-A--i--+i----i+-110rAI A v 41, � •• • i•A MW Mr• • •A ♦d: A • - r . - - 4 10 11 12 13 14 15 16 17 18 19 10 11 12 13 14 15 16 17 18. 19 10 11 12 13 14 15 16 17 18 19 SATURDAY I SUNDAY I MONDAY • FESTIVAL NOISE LEVELS - 120 SANTA CRUZ 70 • Y CO A • A T3 • & 60--r.* i i----i----i----4---- ---- ---- ---- ----F---- ----1-----f----r----1- AA 1 4----i----3----I---- . -, • • • • J W • • • L u 4 • • OA ♦r • .• As • • r • W4 Y Y A T ♦Y I Y la IA A Y • °Z.5 •- Y !IL. AA L A • a♦ 1 • Y Y ♦ A • W , * • , ��, ' , • • A YY •Y•4 •�•IY IA A • ♦•Y • • A W ♦i Y •Y:• • ••1• ♦• AM • A �W III �Y� A r , • C • r Y Ma 'ZTZ • ••Y•'W ••• G A • • Y i W A • •� ICY � •� �AM •i11► � W'� •,Zjir;�u�.• rurMr► �A Yu AA ♦ � A u Y♦♦W , •r �Lrr YJ• A ud• 1tMrY+�Yr► 1*�► I,l •► ►♦• Y &A AA Y.A �, :IAA Y rA� •• AM. ♦ JY♦ , , :AIL AAA YYL ♦ u I 4A alk pl. • ■ ' f , - , 10 11 12 13 14 15 16 17 18 19 10 11 12 13 '14 15 16 17 18 19 10 11 12 13 14 15 16 17 18 19 SATURDAY I SUNDAY I MONDAY • APPENDIX C ROVING NOISE MEASUREMENT LOGS Report No. 126 Acentech Incorporated Roving Noise.Measurement Log for 9/3/94 Start Time End Time Range Leg Location Comment 12:28 12:38 49-51 51 Santa Rosa 12:45 12:47 50-51 400 Oxford 12:48 12:50 50-51 348 Oxford 12:57 13:03 48-49 526 Santa Maria Lawn mowing:51 13:05 13:09 47-48 Corner of San Rafael & Santa Cruz 13:12 12:15 47-49 NE corner of Motel 6 Parking 13:35 13:40 47-49 306 Santa Cruz 13:45 13-50 48-60 56-54 436 Stanford Backyard 13:59 14:05 48 408 Cambridge Street 14:10 14:20 43-47 329 San Luis Rey 14:26 14:29 48 400 Cambridge Dr 14:33 14:35 51 424 Stanford Dr 14:36 14:37 47-48 320 Cambridge Dr 14:39 14:41 61 Middle of SART Parking 14:45 14:48 51.5 255 Oakhurst Ln Freeway 15:32 15:49 52 466 Sanford Dr 15:55 15:56 50 517 Santa Rosa Rd 16:00 16:01 50 517 Santa Rosa Rd 16:12 16:15 50 526 Santa Maria 16:40 16:45 52 460 Stanford 16:47 16:50 51 329 Santa Rosa 17:11 17:15 48 310 Cambridge 17:38 17:45 47 217 San Miguel 17:46 17:50 47 230 San Miguel 17:55 17:58 Not audible over local traffic 18:12 18:23 56.7-57.3 292 Oakhurst Attempted to contact Infield but music was over by the time contact was made 18:40 18:44 52 292 Oakhurst Traffic ` Report No. 126 Acentech Incorporated Roving Noise Measurement Log for 9/4/94 Start Time End Time Range Leq Location Comment 13:25 13:30 47-51 49.5-50 441 Stanford 13:35 13:37 309 Joaquin Not Audible 13:47 13:52 44-50 45.4-46.8 310 Santa Rosa , 14:48 14:50 • 45-54 50 304 Santa Rosa 14:56 15:00 46-60 51.5 292 Oakhurst Music &Traffic 15:15 15:20 59 292 Oakhurst Contacted Infield Officer & Level turned down 15:26 15:30 54 292 Oakhurst 1 15:50 Confirmed with Infield Officers that music was turned down 16:30 16:36 48-61 54 400 San Luis Rey 16:48 16:52 46-53 49 354 Harvard Dr 17:10 17:15 48-58 53 109 San Miguel 17:21 17:23 48-53 51.5 414 Oxford Freeway 17:27 17:30 47-53 49.5 400 San Luis Rey Lawn mower 17:33 17:37 44-53 47 329 San Luis Rey 1 17:57 17:59 46-52 48 320 Cambridge Dr Traffic & Airplane! 18:03 18:05 48-56 50 216 Santa Rosa AC Wall Unit 18:13 18:14 46-67 53 400 San Luis Rey 18:30 18:35 48-51 311 Cambridge Dr I I �esi�r/7 a\0 iJ e, = - Memorandum -, -,,,,,....,---. •- .• D� R=oRATE November 15, 1994 TO: Mayor and City Council FROM: Donna L. Butler, Community Development Administrator ,,,a SUBJECT: Report on Architectural Design Review SUMMARY In response to the City Council's request this report provides a brief history of the text amendment (T.A. 93-003) which was initiated in 1993 to add Architectural Design Review regulations to the Arcadia Municipal Code for all R-O and R-1 single-family zoned properties not currently located in existing homeowner association areas. BACKGROUND AND DISCUSSION In October 1992, the City Council in response to concerns expressed by citiz s, directed staff to establish a committee to study architectural design review for 1 he single-family residential properties within the City. There were ten persons assigned to the Architectural Design Review Study (ADR) Committee representing the building industry, real estate industry, architect/design industry, homeown rs association, and south Arcadia residents. In addition there were two (2) cou cil members and three (3) planning commissioners on the Committee. The task of the Committee was to develop design guidelines which, if adopt d, could be implemented by future design review board(s). Although initially, m ny of the Committee members were not in favor of City-wide Architectural Des gn Review, at the final meeting of the Committee, there was a consensus that he proposal was workable and fair. The ADR Committee met eight (8) times during 1992-93 and on July 13, 1993, their recommendations were submitted to the Planning Commission and City Council at a joint meeting. At that time the City Council directed staff to proceed with a text amendment based on the findings of the Committee. •1 ��/� CC Report - ADR November ce IJ� I \ � C �L�i rI IMAGED in existing homeowners association areas (HOA); in addition, two (2) of the ive (5) members should be design professionals. . • Staff would be an ex-officio member of the committee. • All decisions could be appealed to the Planning Commission and, if necess.ry, to the City Council. • That there should be no fee charged for the architectural design review pro•ess, consistent with the existing HOA's processing. • That the following would be subject to design review: • All new single family dwellings • All second story additions to a dwelling • Additions and alterations to a dwelling visible from the street • Walls, fences and hardscape located in the front yard and street side and areas • That the architectural review would not be a "view protection" or "preserva ion of privacy" statute. • That the control of architectural appearance and use of materials would no be so exercised that individual creativity would be stifled. Planning Commission Action On October 12, 1993, the Planning Commission held a public hearing to cons der the proposed text amendment. In order to notify residents regarding the proposed regulations, notice of the text amendment was published in the September 16 Tribune, included as a spacial insert in the Summer City Newsletter and included in the August and Septe ber water billings. At the public hearing, five (5) persons spoke in favor of the proposed text amendment and ten (10) persons spoke in opposition. Based upon all oral and written testimony, the Planning Commission voted 3 to 2 to not recommend approval of this text amendment to the City Council. A copy of the Commissi n's minutes explaining their recommendation is attached. On October 21, a copy of the proposed text amendment along with the Plan I ing Commission's minutes and recommendation were forwarded to the City Council for consideration. Section 9293.7 of the Municipal Code relating to text amendment states that the City Council is not required to take any further action on a text CC Report - DR November 15, 1994 Page 3 t r! I ACTION This report is for information purposes only. If the City Council wishes to pursue the concept of Architectural Design Review for single family dwellings in the II ity, the Council has two choices: 1. To proceed with hearings before the Planning Commission and the 1 ity Council on the original Text Amendment (93-003) as written; or 2. Establish a new committee to restudy the issues and forward t eir recommendations to the Planning Commission and the City Council for consideration. Attachments: October 12, 1993 Planning Commission minutes November 2, 1993 City Council minutes Approved by: �'"' I PP : • "'""" '' Y William R. Kelly, City Manager CC Report - ADR November 15, 994 Pa e 5 J • ) • The staff report was presented: Commissioner Hedlund said that there are no design review fees,but asked if there-would be any f 's for appeals. Ms. Butler replied that at this time no. But qualified it by saying that currently there is a fee for a peals to Home Owners Association and this would be the same. She thinks it is$210.00 but would have to c eck. Commissioner Clark asked if there is'not a public hearing process, is there a notification process? Ms. Butler said that it's not being recommended. The committee felt that because it is proposed to ve two design professionals on the board, the design professionals will review the project,based upon the a thetics of the project; was the style compatible with the existing dwelling; and are they using good archi ral judgment in the design so that you didn't have a variety of styles on one house. The design review and is designed not to address size,scale of the house,set back or any of these issues,because that criteria i set forth in the code. Commissioner Clark asked if the homeowners have public hearing for their architectural review ards. Ms. Butler replied,yes. The Homeowners Associations require review and approval of any exterior anges. They have two processes,a short form process which requires the property owner to secure approv from the neighbors and the long form process which requires a hearing. Commissioner Huang stated that the hearing process on page 5 ,states that there shall be no public hearing process,decisions shall be made by the board with input from the applicant only. This is the recommendation from the design review study committee,however,if their are people who come to the meeting and would like to express an opinion would that be accommodated? Ms:Butler said she assumes they would be. We haven't had the opportunity to get into the operati n detail of the Board. Commissioner Clark stated that this is a public hearing and that they will hear both for and agai st the text amendment and asked that they try to stay in the five(5) minute time frame for their commen -. In Favor Merrill Johnson, 1924 S. 8th Ave., Arcadia,I am in favor of a Architectural Review Board that wi 1 formulate some kind of perimeters for the design of structures. We have been adversely affected by a particular structure that has gone up directly behind us. We have fought this. There was two battl- one was we were fighting over their variance,we won that battle,unfortunately we didn't get anywhe - with the design. It is a complete eyesore for us. (dwelling at 1931 Tulip Lane) There is the existing ran style house on the cul-de-sac,and attached directly behind that they built this Swiss chalet,barn like . .f two story house so what we essentially have is two houses on a lot. They just put in an enclosed breezew•y from the ranch style house to the chalet style house. There is no compatibility whatsoever, there is no tyle like that anywhere in the aree. I asked how come a design such as this can be accommodated and app- -ntly the answer is that as long as its not violating any code they can build anything they want. I know that •me people prefer Home Owners Association to Architectural Design Review Boards. I'm glad to see _t we are . finally getting around to considering something like this,unfortunately it's too late for us but may• it can help someone else. Wallacs Qua, 1605 Hyland Ave., Arcadia,I find the wording here interesting"visible,harmoniou , compatibility,characteristic of the neighborhood",these kinds of words. We have about 28 houses built on our street in 1949;we have 5 new homes that are totally incompatible. The original buildings were all ranch style;the five new homes are anything but ranch style. The sizes range anywhere from 2 to 3 times the square Arcadia City Planning C mmission 10/12/93 Page 3 • In Opposition. • Barbara Patterson, 601 S. First Ave., Arcadia, President of the Arcadia Board of'Realtors, We f€a1 t :t there are already enough rules, regulations, mandates,and everything else that you can think of in o der to preserve the character and the fine quality of homes in Arcadia. We also feel that we are looking at a possible violation of private property rights, something that all Realtors are sworn to protect. She b aught up two points. First that she had a house on 1100 Panorama Dr.,and she remembered how people sn..-red about her house. That house still stands and has been sold several times and lots of families have li ed there and enjoyed that home. And secondly beauty,is in the eyes of the beholder. Mike Miller responded on the issue of deprivation of private property rights. He said that the pro••sed Ordinance is consistent with ordinances throughout the United States and is consistent with due proc=ss and is not a deprivation of private property rights, Jim Thomas,821 Arcadia Ave #1,Arcadia, President of the Highland Home Owners Association and also Chairman of Political Affairs for the Arcadia Board of Realtors. As a member of the Highland HO I'm happy with our system of an Architectural Review Board selected and directed by the residents in t e neighborhood. What we look for is compatibility in keeping with existing homes. I oppose a City a',pointed Architectural Review Board. Property Owners that are not in Home Owner Association's have not v•ted for an Architectural Review Board. On the contratrary citizens in south Arcadia have opposed creation •f a Home Owners Association. The City should not impose controls on them without their permission. e recent City Ordinance for single family residences have resulted in homes that are much more in keeping th Arcadia's various neighborhoods. Another layer of government is not conducive in restoring a healt y local economy and encouraging the free enterprise system. Gordon Maddock,900 S. First Ave.,Arcadia,a businessman and Realtor for the city of Arcadia stat-•, we need to give the new Ordinances a chance to work. He personally opposes a government mandated Architectural Review Board for the following three reasons: It covers all homes,many people have already bought those homes with plans and ideas. Legislation that pits one persons taste over another is wro g; cannot get consensus of neighbors.. He's against Government imposing regulations on all of the people or a few. And finally it requires staff time and is not cost efficient. He doesn't like all the houses in the i ity, but he thinks it's a beautiful City,and feels the proposed regulations erode private property rights. Steven Chang, Arcadia Chinese Association,The Arcadia Chinese Association voted to take the op••sing stand and he came to register it. Margaret Henkey,230 E.Camino Real. In 1968 she tore town chicken coops to build her house: The ne house was not harmonious with her neighborhood,however eventually everyone else started cleaning up eir properties and the neighborhood started looking pretty good. She finds it hard to believe that these bigger, beautiful homes being built aren't better then the chicken coops. She thinks we should have less gov-rnment; and wanted to know who determines.what is garish. Janice Gerhardt,135 E.Las Flores,noted between Santa Anita and Second there are about 40 homes o her street,about 50%of those homes have had some kind of remodeling or updating and no one has comp ained. She feels that it has upgraded the area. The rules that the Planning Commission has are very comprehensive and should do the job without an Architectural Review Board. Albert Coragan,517 Santa Rosa Rd.,Arcadia,personally he feels this town has done nothing but im•rove. There are houses in this town that he doesn't like to look at so he doesn't look at them. He doesn't w-nt 5 people telling him what he has to like. He doesn't like these mansions that they are building,but it s not for him to say. Architectural Design is an art form. Karren Schener,30 W. Las Flores,Arcadia,said who is she to evaluate another persons taste. If the e should be any control it should be by the people in the community not the government Arcadia City Planning Co mission 10/12/93 Page 1 , . r 35:0289 FASCHING Recently the Planning Commission voted 3 - 2 not to approve ext (Arch.Design Amendment 93-003 to create an Architectural Design Review Beard Rev.Bd. for Southern Arcadia. At a later discussion Plan ing So.Arcadia) Commissioner Daggett explained his reasons for voting agains the Text Amendment and felt that he had not had suffic'ent information. •A study session with the Planning Commission was suggested to review their findings. HARGETT Councilmember Hargett supported Councilmember Faschi g' s (Arch.Design suggestion to re-study staff and committee recommendation= on Rev.Bd. this proposed Text Amendment. He volunteered to work to get So.Arcadia) petitions signed. • CIRAULO Mayor Ciraulo stated that he has no interest in taking any ore (Arch.Design action on the issue of the Architectural Review Board for Rev.Bd. Southern Arcadia. He is satisfied with the process. There was So.Arcadia) a detailed study by the established committee and recommend- lion to the Planning Commission not to consider it. The Pla ping Commission reviewed the matter and chose not to recommend c to Council. He is satisfied with the process and as far as a is concerned, the issue is ended. HARBICHT Councilmember Harbicht said it is important to note that the City (Arch.Design enclosed notices of that public hearing in every single acer Rev.Bd. bill and there were press releases. This was probably the most So.Arcadia) publicized public hearing the City has ever had and no one s owed up. It died for lack of interest. CITY The City Attorney stated that since this matter is not o the ATTORNEY agenda, action can not be taken this evening. The City Att.rney (Arch.Design office and Planning Department will review the Municipal Code Rev.Bd. with regard to certain sections which may pertain to this i sue. So.Arcadia) LOJESKI Mayor Pro tem Lojeski stated, in part, that he agreed tha the (Arch.Design Architectural Review Board public hearing had more publicity than Rev.Bd. any other public hearing, with announcements in the water b lls, So.Arcadia) an article in the City Newsletter and published not ces. Councilmember Margett even announced it at one of the tele ised Council meetings. There was representation from segments o the community who are not in favor of an Architectural Review B-ard. There were very few citizens who responded in favor. The procedure is basically sound, and there is little di izen interest or excitement with regard to this matter at this p• inc. He appreciated Commissioner Daggett's comments, but perhaps chose comments could have been made during the committee sessio s or hearing. Councilmember Fasching will consult with the City Attorney and would like to bring this back for a formal vote as an agenda item. 6 11/2/93 tl1TY Op ' 1$'O (C.)L_ : ... , ., 2 p Memorandum y ARCADIA! ' - . . • , . ..,:',•0.,',,..--:_az'f€: -, ' c C`)RpORATE.D"' November 15, 1994 TO: Mayor and City Council FROM: Donna L. Butler, Community Development Administrator By: James M. Kasama, Associate Planner RE: Determination of Personalized Introduction Service (Dating Service) as a Compatible Use in the CPD-1 zone. SUMMARY Mr. Les Jansen, has requested that the City Council determine whether or not a personlized introduction service (i.e. dating service) would be a compatible use in the CPD-1 (Commercial Planned Development) zone. This request is in accordance with Section 9260.1.3.(20) which provides for the City Council to deem specific uses as compatible with the purposes of the CPD-1 zone. DISCUSSION Attached is a letter and sample application form from Mr. Les Jansen for a personalized introduction service. Mr. Jansen is requesting a determination from the City Council that a personalized introduction service be deemed a compatible use in the CPD-1 (Commercial Planned Development) zone. When the CPD-1 regulations were adopted in 1981, they were designed to encourage business and professional office uses, financial institutions, and limited retail and service oriented businesses. Since adoption of the CPD-1 zone, additional uses have been deemed compatible by the City Council. In addition, the Redevelopment Agency has adopted Resolution No. 172 which lists uses that have been determined to be inappropriate for the Central Redevelopment Project Area. A list of the compatible and inappropriate uses is attached. The CPD-1 zone is the area bounded by the Foothill Freeway on the north, Fifth Avenue to the east, the railroad tracks to the south, and Second Avenue to the west. A map of the CPD-1 zone is attached. LASER 1�`�'�AGE if, - 004. 911A RECOMMENDATION • A personalized introduction service or dating service is not specifically defined in the Code, but would be an appropriate use provided that there be a clear distinction that the business is a dating service only and not an escort service. Staff recommends that the City Council determine that a personalized introduction service/dating service is a compatible use in the CPD-1 zone. ACTION Approval If the City Council is to approve this request, the Council should move to approve the request by determining that a personalized introduction service/dating service is a compatible use for the purposes of the CPD-1 zone under Section 9260.1.3.(20). Denial If the City Council is to deny this request, the Council should move to deny the request by determining that a personalized introduction service/dating service is not a compatible use in the CPD-1 zone. Attachments: Letter and sample form from Mr. Jansen Map of the CPD-1 zone area List of compatible and inappropriate uses for the CPD-1 zone Approved: William R. Kelly, City Manager Determination of Use for the CPD-1 Zone re: Personalized Introduction Service November 15, 1994 - page 2 J October 18, 1994 To The City Of Arcadia To whom it may concern: Per your request, stayed below is a short summary of how business is conducted on a daily basis. Heart To Heart is a private membership for singles only. It is a personalized introduction service for professional singles who find themselves working many hours and don't like the bar scene. • Interviews will be conducted at the office to qualify prospective members. Once a client, they will be matched to other singles with similar values, religion, smoker, non- smoker, life goals, activities, etc. Once matched phone numbers will be mailed to matches. The office is for the sole purpose of interviewing potential members. No meetings or matches will take place in the office. We feel that the city of Arcadia and its neighboring cities would benefit from such a Service. The owner, Les Jansen, will be attending console meeting to answer any question you may have concerning this business on November 1 at 7 p. m. Your corporation will be appreciated. Sincerely, RECEIVED ■ OCT 18. 1994 CITY OF ARCADIA 4,101 // /,�,_ PLANNING DIVISION rnsen411o1 • ii. ,.5•, ?ice, !,r' r ' �,∎+ t !' .i is .'A"'•- �. . ... a ii- v, zr' �_C�' L� di, ,r.,.',''.? iiV . ii' .f; I t..' ' • r GUESS WHAT...:. . ,.. SOMEONE JUST GOT EASIER! re you tired of the bar scene? Working 70 hour weeks just to spend your .. -.., Saturday night in front of T.V.. alone? Looking for those special romantic ' \-..._ 1 i. With our busy life, we don't have the time to search out our compatible mate. , '." Jobs„churches and bars just don't make it. Let our 10 years of experience put •.�. 1- you in touch with geographically desirable singles such as yourself. Singles with ' a�� •h;. { similar values and life goals. Someone to build a long-lasting relationship with. We have a Nationwide Computerized Network System that can provide you with -..-,1::.,n,.., choices. Take control of your personal life NOW! ,, i'- 7,'. ! +;;;: Fill out the questionnaire below for a fun, confidential interview. Please fax, phone r z. l i- ' or send to HEART TO HEART, FAX (818) 447-4575, Direct line (818) 447-9255 ,• •. -. 1a je, 411 E. Huntington Drive, #212, Arcadia, CA 91006 + NAME: PHONE- i; I: SEX , ,t.. ADDRESS. . _. . - . ' 4• AGE: —AGE RANGE I PREFER OCCUPATION: .4� 2 EDUCATION LEVEL SMOKER: WILL DATE A SMOKER < ' I would like to meet more singles because: 1. I am new in the area 2. I work a lot of hours. ,;.,-.:.`.;_ � 3. The bar scene is not for me. 4. Not meeting compatible singles. 5. Looking for more. ;:�";:.. i :1 --” .� My personal life goals: J 1. More quality dates. ; f- - 2.Long-lasting relationship. ` - ,_ r, 3, Marriage. ,_...• i- ,.. .-i r-.p•. , -' .• ,,,4.,: _Q47111,— .' : •,._ -Lvpij. ( , :�: • v v C•2 It• c-2 - C-2 i C2 f"" ac•iF N 0 C-2 Pt 1' C-2 :�.. r... 1 r. FOOTHILL ALVD `� . - C 2 t C -2 C2 G2 - C 2 If C-2 wf 0-21 R C.2 . j R I R-I tI R-I .es, AVL I/ •,R-3 R-I----- � l R•1 J R-I ' • R-I 5 `�.Q"•� AVE_ 1� I R-1 • R-1 i ���R-I*2 R:3 R•1 . R21• R•2 f a.T:- AV[ =y ( �: 1 ji-I R-I R I , `•. . AV7.l. : J I<' R.I R R 2 s R I • 1 I. ..�w R2 I u�roNCO R-i • - -I 1 `• R-I 1 .L R•I „ N - M _ ._-_ It R•1 A-1�p•)�, R-I N w14Ar. r R R•b .R-1 f! . I R_I I, R-3 .2 ' R-3 c•s c. F� °•t 1 i 1._ RWD. C. • ADO FFh• _ ALVD qy 16-1 \N C-2 I I M R-I zz c. I A i0RT[ �— 7� °a C • I O 1 0; � , M•1 I M-I I .'' 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Business Offices where merchandise is not Paint and Wallpaper Stores processed,sold or distributed. Pet Shops Commercial Banks, and Savings and Loan Photography Stores Associations. Photography Studios Printing or Lithography Services The following Professional Offices: Radio and Television Stores and incidental Accountants repair services. Architects Records,Audio and Video Tape Products,sales, Attorneys at Law rentals, and incidental repair services. Chiropodists Tailors, Dressmaking Shops Chiropractors Toy and Hobby Shops(10/2/90) Dentists Typewriter and Computer Products sales, Engineers rentals, and incidental services. Insurance Brokers Sporting Goods Stores Medical and Clinical Laboratories Weight Reduction Centers (10/2/90) Opticians Any other retail use deemed by the City Optometrists Council to be compatible. Osteopaths Pharmacies Accessory Buildings and Uses that are customarily Physicians incidental to any of the office or limited retail Psychologists uses when located on the same lot. Real Estate Brokers Automobile Parking Areas Secretarial Services Stock Brokers The following uses are allowed with an approved Surgeons Conditional Use Permit: Any other professional office deemed by the Communications Equipment Buildings City Council to be compatible. Drive-in Facilities for Financial Institutions Eating Establishments The following Limited Retail Establishments: Electric Substations Antique Stores selling only merchandise which Employment Agencies is more than 100 years old. Health Clubs Bakeries,Ice Cream Stores or Confectionery Hotels Stores not employing more than 5 persons at Light Industrial and Manufacturing uses which any one time of day. are clearly compatible with the other uses Beauty Supply/Cosmetic Shops (10/2/90) which are permitted in this zone. Book or Stationary Stores Motor Vehicle Sales Clothing or Wearing Apparel Shops selling Outdoor Eating Establishments only new merchandise. Private Clubs,'Fraternities, Sororities, Lodges Delicatessen Take-out Shops with no seating. and Community Service Organizations, Department Stores provided that the chief activity of any Dry Cleaning Plants with no more than 2 such use is not one which is customarily pressers. (10/2/90) carried on as a business. Florist Shops Residential uses which are an integral part of a Furniture Sales or Rental Stores commercial development. Hair Salons (10/2/90) Restaurants Hardware Stores Retail businesses selling liquor for off-premise Health Food Retail Stores which primarily consumption and every retail business sell vitamins and health foods; not stores selling goods and products to the public on a that are primarily grocery oriented. walk-in basis which is open more than 16 (10/2/90) hours per day or which is open to the public Interior Decorating Stores any time between midnight and 6:00 a.m. Jewelry Stores and located less than 150 feet from Locksmith Shops residentially zoned property. Mailbox Facilities (10/2/90) Any other conditional uses,deemed by the City Council to be compatible. (cont'd) within an office building, and which do not The following uses in conjunction with,and contain drive-through service incidental to a hotel facility: Electronic, Video and/or Pinball Arcades Barber Shops Fast Food (see Eating Establishments) Beauty Shops Flea Markets or Second Hand "swap meet" or Clothes Cleaning or Pressing Establishments surplus stores utilizing not more than 2 pressers. Fortune Telling,Astrology, Palmistry and/or Any other ancillary use deemed by the City Psychics Council to be compatible with and Frozen Foods Lockers incidental to a hotel facility. Game Arcades: Electronic,Video and/or Pinball Gas/Auto Service Stations Not more than 7 game machines as an accessory use Gun Shops in each hotel, eating establishment and restaurant. Heavy Machinery Rentals Ord. 1720 effective June 19, 1981 Hot Tub/Tanning Facilities Industrial Operations primarily used as a distilling, refining, smelting, agricultural or mining operation Karaoke Bars or Halls Inappropriate Uses in the Laundromats Central Redevelopment Project Area Liquor Sales for off-premise consumption,except as (ARA Resolution No.172) part of a comprehensive development plan of at Acupressure Studios or Facilities least 40,000 sq. ft. Ambulance Services Martial Arts Studios or Academies Antique Stores, if merchandise is less than 100 Massage Parlors years old Modeling Agencies Arcades: Electronic,Video and/or Pinball Mortuaries Astrology,Fortune Telling,Palmistry and/or Muffler Shops Psychics Nail Salons Auto Service/Gas Stations Palmistry,Astrology, Fortune Telling and/or Auto Tire and Battery Shops Psychics Automobile Related Uses except the sale of new or Pawn Shops used cars Pinball, Electronic and/or Video Arcades Automobile Storage Garages Pool or Billiard Halls Bail Bonds Offices Psychics,Astrology,Fortune Telling and/or Bars and Cocktail Lounges,except in conjunction Palmistry with a bona fide dinner house restaurant Rental Yards: Heavy Machinery,Trucks and Baths - Turkish and the like Utility Trailers Battery Shops Sanitariums Beauty Colleges Second Hand or Used Merchandise Stores Billboards that advertise products not identifying Storage Garages a use on the premises Stores Selling Liquor for off-premise consumption, Billiard or Pool Halls except as part of a comprehensive development Bowling Alleys plan of at least 40,000 sq. ft. Car Washes that are coin-operated or automatic Tanning/Hot Tub Facilities Check Cashing Services Thrift Stores Churches Tire Shops Cocktail Lounges,except in conjunction with a bona Upholstery Shops fide dinner house restaurant Utility Trailer and Truck Rental Yards Convenience Stores ARA Reso. 172 adopted January 19,1993 Dance Studios/Halls Drive-in Theaters Dry Cleaning Machines that are coin-operated or self-service Eating Establishments (Fast Food Restaurants) except where such are included and incidental 6g0-Oz-6 /"7�, , /n pp pi Memorandum , _ arcadia redevelopment agency DATE: NOVEMBER 15, 1994 TO: ARCADIA REDEVELOPMENT AGENCY FROM: v PETER KINNAHAN, ECONOMIC DEVELOPMENT ADMINISTRATOR RE: REQUEST TO APPROVE AMENDMENT TO CONTRACT WITH THE PLANNING CORPORATION (TPC) FOR THE DOWNTOWN 2000 PROGRAM ENVIRONMENTAL ASSESSMENT SUMMARY The Agency previously retained The Planning Corporation (TPC) to assess the environmental impacts of the 1993 Downtown Revitalization Strategy and Program. Because of their familiarity with the City and the project concept, as well as the Agency's desire for construction to begin on the project in Spring 1995, staff has obtained a new proposal from TPC for the additional environmental assessment of the revised Downtown 2000 program. This report is estimated to cost $25, 265. Staff recommends approval. DISCUSSION TPC and their traffic consultant, Associated Transportation Engineers (ATE) prepared the initial environmental assessment on the previous revitalization project. While some of their work can still be used, the changes in the project, i.e. , expansion of boundaries to Santa Clara and Fifth, bowouts instead of a straight curb, the addition of small medians, lighting changes, as well as the rigorous procedural requirements of the California Environmental Quality Act (CEQA) require that the Agency basically begin again. TPC will process two "Mitigated" Negative Declarations, one for the Streetscape and one for the other components of the Downtown 2000 program, i.e. , Facade Rehab, accessways, marketing, directional signage, Southside, and co-op parking. This will permit the Agency to proceed with the business retention and attraction elements of the Downtown 2000 program separate from the Streetscape project. LASER IMAGED /90 stot. 1 f ' The work by TPC will include organizational meetings, preparation of Project Descriptions, preparation of an Expanded Initial Study and Mitigated Negative Declaration for the Streetscape and for the other Downtown 2000 program components, preparation of a Mitigation Measures and Monitoring Plan, hearings, response to comments, preparation of the final documents, and noticing. As part of this review, TPC will also assess the needed General Plan Amendment which would drop First Ave. as an arterial and relocate an existing bike route on First Ave. TPC will also assess the possible impact of a restaurant on the Southwest Corner site. ATE will assess the issues of traffic circulation in the expanded project area, parking supply and modifications, signal installation and coordination, angle parking on First, diversion of traffic off of First, street design limitations that could be affected by proposed or cumulative growth in the area. ATE has also been requested to conduct a Traffic Index Analysis to assist Public Works in determining weight and loading factors affecting the structure of Huntington Drive. Both TPC and ATE are aware of the Agency' s extremely tight schedule and have agreed to meet it. Their previous work on the Downtown will expedite this process. FISCAL IMPACT - Not to exceed $25, 265. This amount includes the processing of the General Plan amendment, the Traffic Index, and contingency funds. This is a time and materials contract. If the work is not needed, for example, if there are very few comments to respond to during the comment period, the cost will be less. Staff is also continuing to work with the consultant to simplify and shorten the work and thereby reduce costs. - . RECOMMENDATION That the Agency authorize the Executive Director to execute an amendment to the existing contract with The Planning Corporation, subject to approval of the Agency Attorney as to form, in an amount not to exceed $25,265. a.74. 1] Executive Director 2