HomeMy WebLinkAboutAgenda Statement 1988/10/11 Item 05
.
ITEM TITLE: a}
SUBMITTED BY:
REV I EWED BY:
COUNCIL AGENDA STATEMENT
b)
Report: Complaints
Communi ty Center
Resolution 1:3 ~o9
a decibel meter
Item 5
Meeting Date 10/11/88
of late night noise at Lauderbach
Appropri ati ng $650 for the purchase of
c}
Resolution Amending Resolution #12343 revising the
rules and regulations governing the use permits for City Parks
and Recreation Facilities and adopting special rules for
Lauderbach Community Center
Director of Parks and Recreat~O+I1 ""~
City Manager J9 ~~
(4/5ths Vote: Yes X No
(Item "B" OnTYJ
At the September 6, 1988 City Council meeting, the Parks and Recreation
Department submitted a report concerning late night noise emanating from the
Lauderbach Recreation Center. This report was in response to complaints from
tenants and the property manager of the Oxford Park apartment compl ex, whi ch
. s located immedi ately east of the Center. At that meeti ng, the department
presented to Council a preliminary report which described "special rules II that
could be implemented in order to minimize the potential for similar
complaints. The Council referred this item to the Parks and Recreation
Commission for comments.
RECOMMENDATION: That Council:
a) Accept the report;
b) Adopt resolution appropriating $650 for the purchase of a decibel meter;
and
c} Amend Resolution #12343 revising the rules and regulations governing the
use of permits for city Parks and Recreati on Faci 1 iti es and adopt the
following SPECIAL RULES - LAUDERBACH CENTER:
1. Amplified sound shall cease at 10:00 p.m.
2. The consumption of alcoholic beverages shall terminate at 11:00 p.m.
.
Page 2, Item 5
Meeting Date lU/ll/88
3.
to
11
~.
5.
The doors at the south side of the center shall be closed at 10:00 p.m.
All permi ttees shall keep amp1 i fi ed sound to an acceptab1 e noi se 1 eve1 .
If, after the first warning, the sound continues to exceed the prescribed
nOlse level, the permlt shall be cancelled and no refund shall be issued.
~OARDS/COMMISSIONS RECOMMENDATION: At its meeting of September 15, 1988,
the Parks and Recreation Commission moved to accept the five special rules
:ffective immediately and further requested that staff investigate a potential
sixth provision of a $300 bond for any activity scheduled to use the Center in
~xcess of 2 hours, to serve a1 coho1 i c beverages or to have amp1 ifi ed musi c.
Staff was requested to come back at a subsequent meeting with a report on how
this provision would be enforced, how it would work and whether or not staff
~ou1d recommend this sixth provision.
JISCUSSION:
011 owi ng the annexati on of the Montgomery area, the Ci ty assumed
responsibility for administering and operating the Lauderbach Center. On
]anU~l, 1986, Counci 1 passed Reso1 uti on #12343 amendi ng Reso1 uti on #11309
,4ega the Ru1 es and Regu1 ati ons governi ng the use permi ts for the Ci ty of
:hu1a ista Parks and Recreation Facilities to include the Lauderbach
:ommunity Center. The resolution called for more stringent rules than what
-,as previ ous1y in p1 ace when thi s faci 1 ity was under the juri sdi cti on of the
:ounty of San Diego. These regulations had resolved the concerns expressed by
the residents of Kiku Gardens Senior Housing Development. The recent
=:onstruction of apartments adjacent to the center have now made it necessary
Lo reconsider these existing regulations due to complaints from the tenants of
the Oxford Park Apartments.
Ihe most pressing concerns the department has identified includes the loud
Ilusic emanating from the Center disrupting the peace and tranquility of the
~enants; amplified music extending beyond 11 :00 p.m.; and the congregating of
Jeop1e outdoors in the park after functions have ended. The behavior
'xhibited by these individuals has been loud and disruptive, annoying
4esidents living adjacent to the center. According to the tenants that
.ttended a department i niti ated meeti ng on August 31, most of thi s behavi or
:onsists of alcohol consumption and boisterous vociferousness as late as 1 :00
..m. or 2:00 a.m. in the morning.
n terms of the noise and alcohol consumption, this department proposes the
~ollowing "special rules" applicable to the Lauderbach Community Center.
hese guidelines were formulated after a series of discussions with the
Jroperty r~anager of the Oxford Park apartments, a meeting with some of the
.
.
Page 3, Item 5
Meeting Date 10/11/88
affected tenants, and comments from the Parks and Recreation Commission. The
amended policy would entail terminating amplified sound at 10:00 p.m. and the
serving of alcohol beverages at 11:00 p.m.
The Department is also recommending that noise levels outside the building be
monitored during rental activities. This monitoring would incorporate the use
of a decibel meter. The Department would need to purchase such a meter from
unappropriated reserves of the general fund. The Building and Housing
Department has stated that a meter could be made available for staff use until
the actual purchase is completed. Staff is recommending that a limit of 60
dB(A) be established as the maximum allowable noise level during rentals as
measured at the exterior of the building at a distance of 20 feet. This limit
would insure compliance to established exterior noise limits for multiple
dwelling residential receiving land use categories. The apparent definition
of the noise generated by the rental activities at the center is "nuisance
noise," and therefore the established levels could not be exceeded at any
time. It should be noted that a noise level of 60 dB is comparable to the
sound of an air conditioning unit at 20 feet as defined in Table I of City
Ordinance Section 19.60.010, General Provisions, for performance standards and
noise control (see Attachment "A").
The acceptable noise level limits will be incorporated in the rules and
regulations governing the use permits for the City of Chula Vista Parks and
.ecreati on facil iti es. Department staff wi 11 monitor noi se 1 evel s throughout
the course of a group's functi on. Shoul d the music reach an unacceptable
level, the permittee will initially be given a warning, and if compliance is
not met, the privilege to use the Center will be terminated.
In a cooperative agreement with the Department of Building and Housing, staff
will examine the feasibility of incorporating internal sound mitigating
measures within Lauderbach Community Center. Emphasis of the sound study will
focus upon moveable fenestration which incorporates insulation and sound
absorption factors in conjunction with interior construction remodeling
designed to either reduce or redirect sound transmission. Staff will
simultaneously exami ne external construction characteri sti cs of the buil di ng
and site, also incorporating external sound mitigating factors within the
feasibility study. As a measure to accommodate the long term benefits of
sound mitigation control devices installed at the facility, staff believes
that a feasibility study, conducted by City staff, will appropriately address
the requi red fi nanci al commitment. Estimated peri od of site eval uati on and
preliminary study financial obligation is sixty (60) days.
The second regul ati on adj ustment termi nates the consumpti on of alcohol at
11 :00 p.m. It is anticipated that this will encourage permittees to start
cl eani ng the facil i ty and prepare to depart from the Center earl i er than
before. Further, as a condition of use, the Center's patio doors on the south
end of the facility will be closed at 10:00 p.m.
.e department also proposes to require all groups serving alcohol to employ a
ivate security service that possesses a license from the State of
//
?
.
Page 4, Item 5
Meeting Date 10/11/88
California. It is envisioned that the security officers would ensure that
alcohol consumption is controlled, amplified sound is kept to an acceptable
level, and amplified sound is terminated at 10:00 p.m. It must be noted that
this new requirement would have an additional financial impact on all rental
groups serving alcohol. The cost for a private security officer is in the
range of $10 per hour, per officer.
The amended policy would give the Director of Parks and Recreation the
discretion to dispense with or set the staffing level for a security service.
The Department foresees that this requirement could be waived in cases where
the rental function is for a public purpose or community service.
To insure compliance with the proposed policy, the following requirements are
necessary. Presently, the department requi res all groups servi ng a 1 coho 1 to
submit a $300 cleaning and security deposit. Although it is stated in the
written rules that are given to the applicants, it is staff's opinion that
stronger language is needed. The policy will specify that complete forfeiture
of the rental group's security deposit would be required if the party fails to
adhere to the new rules.
It is of the opi ni on of the Parks and Recreati on Commi ss i on that a $300
Security/Cleaning deposit may not be a sufficient amount to charge groups that
.serve alcohol or utilize amplified equipment. At its meeting of September 15,
988, the Commission recommended that staff investigate the possibility of
nstituting an additional requirement of a $300 bond on these groups. It is
staff's understanding that this $300 bond would be in addition to the $300
Security/Cleaning deposit required by this Department. The Commission desires
that the department present a report to them which outlines how such a
requi rement coul d be impl emented. In the meantime, the Department recommends
that Council accept the new rules and requirements set forth in this report.
The department is al so recommendi ng that Lauderbach Center reservati on costs
be increased by ten dollars ($10) in order to pay for the additional time
needed by clerical staff to verify compliance of these new regulations. This
increased fee would only be applicable to groups serving alcoholic beverages.
Current rental fees at the center are $37/hr. for resident groups and $62/hr.
for non-resident use. These fees would increase to $47/hr. and $72/hr.,
respectively. These rates i ncl ude a $12/hr. staff reimbursement fee which
defrays the expense of recreation leaders who supervise these rental
functions. .
The tenants of Oxford Park apartments and property manager were informed of
staff's recommendati ons to the Counci 1 and the Parks and Recreati on
Commi ssi on. They were in agreement on most of the recommendati ons, however,
they expressed concerns about the effectiveness of crowd control relative to
utilizing a private security service.
I n regards to Lauderbach permi ttees who have already pa i d to use the Center,
.'t is recommended that they not be required to retain a security service.
wever, all of the other rules would apply immediately following Council
approval to amend the policy.
/- 1
.
Page 5, Item 5
Meeting Date 10/11/88
Lastly, it is recommended that a 1 etter be sent to the property management
company urging them to inform potential tenants of the fact that the apartment
complex is located next to a busy community center that frequently hosts large
group activities until midnight on Friday and Saturday evenings, and
11:00 p.m. on other nights.
FISCAL IMPACT: A potential rental revenue reduction exists should groups be
unwilling or unable to pay the higher facility usage costs. In addition,
approximately $650 would need to be allocated from the unappropriated reserves
of the General Fund to purchase a decibel meter.
WPC 1081R
.
.
MP~4d
by t e City Council of
Chula Vista, California
Dated
COUNCIL AGENDA STATEMENT
.
I tern 5
Meeting Date 10/11/88
ITEM TITLE: a) Report: Complaints of late night noise at Lauderbach
Community Center
b) Resol uti on
a decibel meter
Appropri ati n9 $650 for the purchase of
c)
ResolutionL3Y/O Amending Resolution #12343 revising the
rules and regulations governing the use permits for City Parks
and Recreation Facilities and adopting special rules for
lauderbach Community Center
Director of Parks and Recreat~"'" ~\A.,
SUBMITTED BY:
REVIEWED BY:
City Manager J~ ~ ~
(4/5ths Vote: Yes X No
(Item "B" OnTYT
At the September 6, 1988 City Council meeting, the Parks and Recreation
Department submi tted a report concerni ng 1 ate ni ght noi se emanati ng from the
lauderbach Recreation Center. This report was in response to complaints from
tenants and the property manager of the Oxford Park apartment compl ex, whi ch
.is located immediately east of the Center. At that meeting, the department
presented to Council a preliminary report which described "special rules" that
could be implemented in order to minimize the potential for similar
complaints. The Council referred this item to the Parks and Recreation
Commission for comments.
RECOMMENDATION: That Council:
a) Accept the report;
b) Adopt resolution appropriating $650 for the purchase of a decibel meter;
and
c) Amend Resolution #12343 revising the rules and regulations governing the
use of permi ts for city Parks and Recreati on Faci 1 iti es and adopt the
following SPECIAL RULES - LAUDERBACH CENTER:
1. Amplified sound shall cease at 10:00 p.m.
2. The consumption of alcoholic beverages shall terminate at 11:00 p.m.
. tf~~'1:~f
Chuli.1 Vista, C2:ifornia
Datod LP~ /If
-_.-
Page 2, Item 5
Meeting Date lU/ll/88
3. to
4. The doors at the south side of the center shall be closed at 10:00 p.m.
5. All permittees shall keep amplified sound to an acceptable noise level.
If, after the first warning, the sound continues to exceed the prescribed
nOlse level, the permlt shall be cancelled and no refund shall be issued.
BOARDS/COMMISSIONS RECOMMENDATION: At its meeting of September 15, 1988,
the Parks and Recreation Commission moved to accept the five special rules
effective immediately and further requested that staff investigate a potential
sixth provision of a $300 bond for any activity scheduled to use the Center in
excess of 2 hours, to serve alcoholic beverages or to have amplified music.
Staff was requested to come back at a subsequent meeting with a report on how
this provision would be enforced, how it would work and whether or not staff
would recommend this sixth provision.
DISCUSSION:
Following the annexation of the Montgomery area, the City assumed
responsibility for administering and operating the Lauderbach Center. On
JanU121, 1986, Council passed Resolution #12343 amending Resolution #11309
rega g the Rul es and Regul ati ons governi ng the use permits for the Ci ty of
Chul ista Parks and Recreation Facilities to include the Lauderbach
Community Center. The resolution called for more stringent rules than what
was previously in place when this facility was under the jurisdiction of the
County of San Diego. These regulations had resolved the concerns expressed by
the residents of Kiku Gardens Senior Housing Development. The recent
constructi on of apartments adjacent to the center have now made it necessary
to reconsider these existing regulations due to complaints from the tenants of
the Oxford Park Apartments.
The most pressing concerns the department has identified includes the loud
l1usic emanating from the Center disrupting the peace and tranquility of the
tenants; amplified music extending beyond 11 :00 p.m.; and the congregating of
people outdoors in the park after functions have ended. The behavior
~xhibited by these individuals has been loud and disruptive, annoying
residents living adjacent to the center. According to the tenants that
3ttended a department initiated meeting on August 31, most of this behavior
:onsists of alcohol consumption and boisterous vociferousness as late as 1:00
3.m. or 2:00 a.m. in the morning.
In terms of the noise and alcohol consumption, this department proposes the
following "special rules" applicable to the Lauderbach Community Center.
lhese guidelines were formulated after a series of discussions with the
Property r~anager of the Oxford Park apartments, a meeting with some of the
.
. _.
//
.
Page 3, Item 5
Meeting Date 10/11/88
affected tenants, and comments from the Parks and Recreation Commission. The
amended policy would entail terminating amplified sound at 10:00 p.m. and the
serving of alcohol beverages at 11:00 p.m.
The Department is also recommending that noise levels outside the building be
monitored during rental activities. This monitoring would incorporate the use
of a decibel meter. The Department would need to purchase such a meter from
unappropriated reserves of the general fund. The Building and Housing
Department has stated that a meter could be made available for staff use until
the actual purchase is completed. Staff is recommending that a 1 imit of 60
dB(A) be established as the maximum allowable noise level during rentals as
measured at the exterior of the building at a distance of 20 feet. This limit
would insure compliance to established exterior noise limits for multiple
dwelling residential receiving land use categories. The apparent definition
of the noise generated by the rental activities at the center is "nuisance
noise, II and therefore the established levels could not be exceeded at any
time. It shoul d be noted that a noi se 1 evel of 60 dB is comparabl e to the
sound of an air conditioning unit at 20 feet as defined in Table I of City
Ordinance Section 19.60.010, General Provisions, for performance standards and
noise control (see Attachment "A").
The acceptable noise level limits will be incorporated in the rules and
regulations governing the use permits for the City of Chula Vista Parks and
eecreation facilities. Department staff will monitor noise levels throughout
the course of a group's functi on. Shoul d the music reach an unacceptable
level, the permittee will initially be given a warning, and if compliance is
not met, the privilege to use the Center will be terminated.
In a cooperative agreement with the Department of Building and Housing, staff
will examine the feasibility of incorporating internal sound mitigating
measures within Lauderbach Community Center. Emphasis of the sound study will
focus upon moveable fenestration which incorporates insulation and sound
absorption factors in conjunction with interior construction remodeling
designed to either reduce or redirect sound transmission. Staff will
simul taneously exami ne external constructi on characteri sti cs of the buil di ng
and site, also incorporating external sound mitigating factors within the
feasibil ity study. As a measure to accommodate the long term benefits of
sound mi ti gation control devices install ed at the facil ity, staff bel i eves
that a feasibility study, conducted by City staff, will appropriately address
the required financial commitment. Estimated period of site evaluation and
preliminary study financial obligation is sixty (60) days.
The second regul ati on adjustment termi nates the consumpti on of al cohol at
11 :00 p.m. It is anticipated that this will encourage permittees to start
cleaning the facility and prepare to depart from the Center earlier than
before. Further, as a condition of use, the Center's patio doors on the south
end of the facility will be closed at 10:00 p.m.
~he department also proposes to require all groups serving alcohol to employ a
~rivate security service that possesses a license from the State of
~ ,
./
.
Page 4, Item 5
Meeting Date 10/11/88
California. It is envisioned that the security officers would ensure that
alcohol consumption is controlled, amplified sound is kept to an acceptable
level, and amplified sound is terminated at 10:00 p.m. It must be noted that
this new requirement would have an additional financial impact on all rental
groups servi ng a1 coho1 . The cost for a pri vate security officer is in the
range of $10 per hour, per officer.
The amended policy would give the Director of Parks and Recreation the
di screti on to di spense wi th or set the staffi ng 1 eve1 for a securi ty service.
The Department foresees that this requirement could be waived in cases where
the rental function is for a public purpose or community service.
To insure compliance with the proposed policy, the following requirements are
necessary. Presently, the department requi res all groups servi ng al cohol to
submit a $300 cleaning and security deposit. Although it is stated in the
written rules that are given to the applicants, it is staff's opinion that
stronger language is needed. The policy will specify that complete forfeiture
of the rental group's security deposit would be required if the party fails to
adhere to the new rules.
It is of the opinion of the Parks and Recreation Commission that a $300
Security/Cleaning deposit may not be a sufficient amount to charge groups that
.serve alcohol or utilize amplified equipment. At its meeting of September 15,
~988, the Commission recommended that staff investigate the possibility of
instituting an additional requirement of a $300 bond on these groups. It is
staff's understanding that this $300 bond would be in addition to the $300
Security /C1 eani ng deposit requi red by thi s Department. The Commi ssi on desi res
that the department present a report to them which outlines how such a
requirement could be implemented. In the meantime, the Department recommends
that Council accept the new rules and requirements set forth in this report.
The department is a1 so recommendi ng that Lauderbach Center reservati on costs
be increased by ten dollars ($10) in order to pay for the additional time
needed by clerical staff to verify compliance of these new regulations. This
increased fee would only be applicable to groups serving alcoholic beverages.
Current rental fees at the center are $37/hr. for resident groups and $62/hr.
for non-resident use. These fees would increase to $47/hr. and $72/hr.,
respectively. These rates i ncl ude a $12/hr. staff reimbursement fee which
defrays the expense of recreati on 1 eaders who supervi se these rental
functions..
The tenants of Oxford Park apartments and property manager were informed of
staff's recommendations to the Council and the Parks and Recreation
Commission. They were in agreement on most of the recommendations, however,
they expressed concerns about the effectiveness of crowd control re1 ative to
utilizing a private security service.
In regards to Lauderbach permi ttees who have a1 ready pai d to use the Center,
~~ is recommended that they not be required to retain a security service.
~wever, all of the other ru1 es woul d apply immediately foll owi ng Counci 1
approval to amend the policy.
/' "
.
.
.
Page 5, Item 5
Meeting Date 10/11/88
Lastly, it is recommended that a 1 etter be sent to the property management
company urging them to inform potential tenants of the fact that the apartment
complex is located next to a busy community center that frequently hosts large
group activities until midnight on Friday and Saturday evenings, and
11:00 p.m. on other nights.
FISCAL IMPACT: A potenti al rental revenue reducti on exi sts shoul d groups be
unwilling or unable to pay the higher facility usage costs. In addition,
approximately $650 would need to be allocated from the unappropriated reserves
of the General Fund to purchase a decibel meter.
WPC 1081R