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
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il
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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.
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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.
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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.
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•
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.
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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. If due dates fall on Saturdays, Sundays or legal
holidays, reports are due the first working day immediately
following the Saturday, Sunday or holiday.
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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.
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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.
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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
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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
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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
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•
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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.
•
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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
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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 - . . . . . . . . . . .
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SATURDAY 1 SUNDAY I MONDAY
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SATURDAY
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120 SANTA CRUZ
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SATURDAY
1 SUNDAY
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•
Report No. 126 Acentech Incorporated
Appendix B
Festival 1-Minute & 1-Hour Leq
FESTIVAL NOISE LEVELS
SART NORTH PROPERTY LINE
75 .
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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 . . . _
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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 •
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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
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= - Memorandum
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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
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\ � 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
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)
•
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 ,
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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
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(C.)L_ : ... , ., 2 p Memorandum
y ARCADIA! ' - . . • , . ..,:',•0.,',,..--:_az'f€: -, '
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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
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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,'. !
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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:
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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 --” .�
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CPD-1 ZONE A North
•
Not to Scale
•
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Allowed Uses in the CPD-1 Zone Music Stores,Instrument Sales,Rentals and
Lessons.
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