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SR-8-A (163) Aeso ::#11;205/ q;Ohj tJ)'07~- A ( (5 cc.s C'cs (lIJu{ amendmen-r fo Grntmcf:# 5 /7--6 :~ CCS V RMD HR f \resource\share\howardsh\stperfrm\stperfB wpd OCT - 7 1997 Council Meetmg September 16. 1997 Santa Momca, California To Mayor and City Council From City Staff Subject Recommendation to ConsIder an Ordinance and Resolutions Modlfymg and Adding Regulations Concernmg Street Performers and Persons, IncludIng Vendors, DisplaYing or Dlstnbutlng Merchandise, Goods, Wntten Matenals and Food or PlaCIng Objects on Public Sidewalks INTRODUCTION ThIS staff report recommends that City Council adopt the attached ordmance revlsmg regulations governing the time, place and manner of street performance wlthm the City The report recommends reVISions to eXlstmg CitY-Wide street performer regulations and gives special emphaSIS to regulations govermng performers on the Third Street Promenade and the Pier The report also recommends c1anflcatlons of the City's vending ordmance and addresses certam nghts of IndiVIduals displaYIng or dlstnbutmg merchandIse, goods, wntten matenals or food BACKGROUND Individuals or groups who perform m public areas such as streets and sidewalks are conSidered to be engaged m expressive activity protected by the First Amendment Restqctlons on such expressive activity are authOrized If tailored to serve slgmflcant governmental Interest and If alternatIve channels for commumcatlon are avaIlable A city can legitImately regulate street performances to ensure the safety of performers, their 1 SA OCT - 7 1997 audience, and the general public and to prevent unreasonable Interference wrth residents' enjoyment of peace and the abIlity of businesses to operate or conduct their business Street performers generally provide a public amenIty that enhances the character of the CIty However, street performers can and do draw crowds to their performances ThiS can create problems by Impacting the abilIty of pedestnans to move safely In public thoroughfares and Impedmg the response trme of safety personnel Performers can sometrmes perform at excessIVe volumes and can also Impact access to and egress from businesses The recommendatrons m the attached ordinance are Intended as reasonable time, place and manner restrrctlons which authorrze performances In a manner consistent With the overall public Interest The City CounCil began regulating vendors and street performers In September 1989 The CIty CounCil adopted Ordinance 1495, which, In addition to addressing the regulation of vendrng, also defined "performer" and established several pedestnan-safety requirements related to performing The ordinance mcluded requirements that performers operate In a manner which does not obstruct the free movement of pedestnans, that they change their performance spot by at least one hundred (100) feet every thirty (30) mmutes, and that they observe severallocatlonal gUidelines (I e . no performing WithIn ten feet of a bus stop, Within four feet of a bUilding, or Within ten feet of a bUSiness entrance) These requirements are currently applicable City-Wide 2 In August 1991. the City Council adopted emergency Ordinance 1597, which established specIal performance regulations for the Third Street Promenade This ordinance established restrictions on the hours when performers may perform on the Promenade. set forth additional public safety reqUirements and prohIbited amplified sound equipment I n November 1993, the City Council adopted further regu lations governmg performers These regulations remam In effect today Important features of the 1993 actIons (Ordmance 1712 and Resolution 8680) Include the follOWing 1 Establishment of a registration system for performers and setting of a $120 annual permit fee 2 Elimination of the prror ban on amplification and substitution Instead of maximum allowable decibel limits which vaned according to time of day and the day of the week Higher decibel limits were permitted dunng the day, With lower limits established after 900 P m on weekdays. and after 10 00 P m on weekends 3 DeSignation of specific zones where performers were authOrized to perform Generally, these zones were established m the middle half to two-thirds of each of the three blocks of the Promenade 4 ReVISion of some of the spatial requirements from the 1989 Ordinance (I e , performers 3 must be 20 feet from a busmess entrance when performmg on the Third Street Promenade) and clarification of some safety Issues (I e . banned acrobatic. tumbling and other potentially dangerous acts) 5 Specification that violations of the above requirements would be an Infraction, punishable by a fine not exceeding $250 In July 1995, CIty staff recommended further refinements of the various mUnicipal code sections governing street performers City Council continued the matter and directed staff to further research Issues of nOIse problems and enforcement An Information Item was presented to CounCil m August 1995, which reported the results of profeSSional nOIse monltormg The August 1995 Information Item noted that an outside nOise consultant had studied nOise levels generated by performers on the Promenade and found no correlatton between sound amplifIcation and whether or not the legal nOIse limIts were exceeded Some amplified performers were wlthm legal limits, while some non-amplrfied performers exceeded allowable nOise limits The Information Item also pledged further research and a return to CounCil with recommended reVISions to the street performer ordmance Since the August 1995 InformatIon Item. staff has worked to develop reVised recommendations on thiS Issue Staff activity has intenSified smce February 1997, with the formation of an Interdepartmental working group comprised of representatives of the CIty Attorney's office. City Manager's office and the FIre, Polrce and Resource Management 4 Departments The group has sought advice from a professional nOise expert, a pedestrian traffic consultant, other affected Departments, the Bayslde Dlstnct Corporation and the Pier Restoration Corporation Staff vIsited the Promenade and the Pier and studied videotapes of them In order to more fully understand the dynamics of crowds In those locations The working group also received a thoughtful set of recommendations from a group representing Santa MOnica street performers The Bayslde District Corporation and the Pier Restoration Corporation are both scheduled to review major components of the proposed ordinance revIsion. and staff expects to have their Input prior to Council consIderation of thiS matter In June 1997, the City was sued by a street performer who had been cited by police on the Pier for farlure to observe the reqUIrement to move his performance every thirty (30) minutes The SUit questions the constItutionality of this provIsion particularly and the Street Performer Ordinance generally Since reVISions to the challenged prOVISions were already being contemplated, the CIty Attorney adVised the Police Department to refram from cltmg performers under thiS particular provIsion until thiS staff report and ordinance reVISion could be completed and presented to City Council for consideration DISCUSSION Current conditions regarding pedestrian flow, nOise and Illegal vendmg are descnbed below 5 Pedestrian Flow VIsitors to the Promenade on a Friday or Saturday night will typically experience a very popular venue Numerous shoppers, diners, movle-goers and casual strollers JOin an eclectic mix of street performers, vendors, and non-profit and free-speech groups The Promenade also features a variety of street furniture, landscaping features, retail pavilions, the notable "Dmosaur" topiarieS, outdoor dining areas and vending carts. all of which can combine to obstruct and hinder the flow of pedestrian traffic The Promenade IS an extremely successful pedestrian-oriented district that has been cited as a model by other cIties throughout the nation, but there can be times when the Promenade becomes very crowded Street Performers are a common and popular component of the Promenade Performances Include a Wide variety of acts from single mUSICians to large bands to jugglers, comedians, artists, mimes, and even a performer speCialiZing In rhythmic drummmg of empty 5-gallon plastiC water bottles Audience members tYPically stand ten (10) to fifteen (15) feet from a performer or performance group and often form a dense ring around the performer measuring forty (40) to fifty (50) feet In diameter, adjacent bUildings and street furmture notwithstanding The combmatlon of extremely dense crowds and popular performers can choke pedestrian flow In thIS environment. public safety can be compromIsed Public safety personnel also must conSider the density of crowds In the event of any major incident 6 Fire Department officials have calculated that If the Third Street Promenade were an enclosed space, the maximum occupant load would be approximately 5000 persons per block Staff retamed an expert specialIzing In crowd size determinations and found that on weekend evemngs. that occupant load IS often approached or exceeded In the 1300 and 1400 blocks of the Promenade The expert further advised that VISitors tYPically stroll from one block to the next, creating a fluid shifting of crowds on the Promenade, particularly between the 1300 and 1400 block See the attached Exhibit A for charts shOWing estimated crowd conditions on the three blocks of the Promenade In addition to the persons on the Promenade, the estimated crowd counts also Included those seated In outdoor dining areas, but did not mclude persons Inside enclosed busIness premIses FIre Department offiCials also conducted a senes of simulated emergency response exercises designed to determine the length of trme reqUired to get a paramedic squad With a wheeled stretcher from an east/west cross street (I e , Wilshire, Arizona, Santa Monica or Broadway) to a mid-block Promenade location In summary, the 1300 block takes more time to respond than the other blocks, on average, Fnday and Saturday crowds can almost double the response time from under one minute to close to two minutes ThiS Increased response time can have significant medical Implications In certain emergency Situations In early July of thiS year, an attempted armed robbery of a retail establishment forced the Pollee Department to close the Promenade on a busy Friday mght Pollee personnel Implemented the closure smoothly and successfully However, the inCident serves as 7 reminder that occurrences may arise when safety personnel must close the area sWiftly In order to preserve public safety Excessive Noise I n recent years, the City has from time to time retamed the services of Mestre Greve Associates. a firm specializing In mOnltonng urban nOise and advIsing local governments on solutions to nOise problems, to measure nOIse levels on the Promenade In August 1992. Mestre Greve staff measured nOise levels on the Promenade and recommended certain maximum allowable deCIbel levels whIch were eventually adopted by Council as part of the November 1993 Ordinance revIsions Thrs ordrnance establJshed a maximum allowable limit of 85 decibels (dBA) until 9 00 pm on weekdays and until 10 00 p m on weekends Thereafter, the Ordinance established a limit of 75 dBA until the ending time for performers (1030 P m on weekdays and midnight on weekends) At the time of these measurements, amplified musIc was prohibited on the Promenade Nonetheless, Mestre Greve found that 17 percent of all performers exceeded the proposed 85 dBA limit. and 80% of performers exceeded the 75 dBA level The Promenade nOise limits exceed the standard City-wide nOise limit of 65 dBA In a commercial district ThiS higher threshold was established In recognition of the fact that the Promenade consistently has ambient nOIse levels exceeding standard City-wide maximums 8 In a return VISit on Saturday, July 15, 1995, Mestre Greve found that SIX to seven groups consistently exceeded the 85 dBA standard dunng hours It was In effect. and, later In the evemng. almost every Instrument on the Promenade exceeded the 75 dBA standard On Thursday, July 20, 1995, Mestre Greve returned to test dunng a mid-week lunch hour penod One of three groups performmg at that time exceeded the 85 dBA level In July 1997, Mestre Greve conducted further nOise testing Generally, the consultant found that ambient nOise levels (Leq) ranged between 61 dBA and 67 dBA dunng weekday daytime and early evenrng hours Ambient nOise levels Increased to between 65 dBA and 80 dBA dunng peak weekend evenmgs On several occaSions In recent years, PolIce Department personnel have tested ambient nOise levels and obtained comparable results The attached charts at ExhIbit B show the results of Mestre Greve's nOIse mOnltonng on the Promenade Staff and the nOise consultant engaged In extensive diSCUSSIons of proper nOise monltonng technIques and Issues The major purpose of most mUnicipal nOise ordinances IS to limit Interterence With one's ability to converse or carry on bUSiness and to allow reasonably qUiet enjoyment of one's reSidence Earlier sClentlflc understanding of nOise levels which Interfere With human sleep are currently undergOing re-exammatlon, and experts do not agree consistently In thiS area The consultant explained that normal human speech occurs at approximately 65 dBA and that thiS IS a reasonable level for the conducting of bUSIness In an outdoor location such as the Promenade, people expect, and Will tolerate, 9 hIgher dBA levels The consultant advIsed that limIts could be Imposed which recogmze current ambient nOise levels and also would typIcally result In levels approximating 65 dBA or less inside adjacent premIses when doors and wmdows are closed ThIs IS because sound attenuation characteristics of a typical bUlldmg Will reduce nOise at these levels by approximately 20 dBA when doors and windows are closed Naturally, dIfferent construction methods can cause variations In thIs "tYPical" sound attenuation HIstOrically, some members of the public have called for a return to the 1991 ban on amplification This solution has been suggested primarily as a means of slmpllfymg enforcement of the nOise Ordmance However, bannmg amplification would not adequately control excessive nOise sources because, as Mestre Greve found In their 1995 monItoring. "mstrument amplification did not playa SignIficant role In whether or not the nOise standard was exceeded II Some performers use amplifIcation and turn the volume down qUite low Other performers can dramatically exceed current nOise limits even Without amplification Further, according to the CIty Attorney, a ban on amplificatIon would not survIve a legal challenge because It would constrain performers' FIrst Amendment rights but IS not narrowly taIlored to address the real problem of excessive nOise /J/ega/ Vending I n recent years, staff has received many complamts about the number of persons who come to the CIty's pedestrian-oriented commerCial districts for the purpose of selling handicrafts and other things Current code allows street performers WIthIn the City to 10 create "tangIble art objects", which may then be offered to the publrc strictly on a donation basIs This provIsion allows the public to enJoy viewing the act of creatmg art or crafts In contrast to those who perform under this provIsion, others simply set up a folding table or a blanket, without obtalnrng a Performance Permit, and display their handicrafts to passers- by, seeking to sell these Items Some of these artisans Indicate that they represent a non- profit or religious organization, while others are simply mdlvlduals seeking a source of personal Income The CIty has an mterest In controlling thIs actIvITy for several reasons First, these vendors often Impede the free flow of pedestnans In crowded public areas Indeed, smce their purpose IS generally to expose as many of their products or crafts to as many people as possible. these vendors often set up their displays In the most crowded pedestnan-onented venues of the City (particularly the Promenade and the Pier), at the bUSiest times of day and often Immediately In the path of the greatest number of pedestnans Second, the City has an Interest In regulating vendors (other than licensed street performers who perform stnctly for donations) as bUSinesses and making sure they comply With BUSiness License regulations as well as public health laws. State sales tax laws, and other bUSiness regulations Third. the City has an Interest In malntamlng high aesthetiC standards on the Promenade and In Its commercial dlstncts For example, the City'S License Agreement for the Promenade vendmg cart program goes mto great detail In mandatmg high quality deSign, display and operational standards Fourth, the City has an mterest In preventing unfair competitIOn from unlicensed, unregulated vendors that would be detnmental to 11 eXlstmg busInesses which are legally established. carry proper busmess licenses and permits, contribute tax revenue to the City and are an Integral part of the City'S strong local economy PROPOSED REVISIONS TO CURRENT REGULATIONS Staff recommends retaining most of the current City-wide regulations governing street performers, including rules that performers may not perform wlthm ten (10) feet of a bus stop, within ten (10) feet of any street corner, or within ten (10) feet of a business entrance when that business IS open Also, eXisting rules such as a ban on potentially dangerous acts and a prohIbItion of erecting stages or platforms are retained Highlights of the changes to current regulations are as follows City-wide Performer Issues: 1 Proposal Require Performance Permits for all performers who perform on the Third Street Promenade, the Santa MOnica Pier and on public Sidewalks DISCUSSion Current rules require permits only on the Promenade ExpandIng that requirement to also cover performers on the Pier and all Sidewalks Will give the City an opportunrty to Issue caples of applicable regulations to virtually all performers, screen Performance PermIt applicatIOns to prevent acts which Violate the City's gUidelines, and to have some basIc contact information on file In the event that enforcement activity becomes necessary Staff IS not recommending a Simple CitY-Wide Performance Permit requirement because staff believes other public areas, such as parks, have adequate 12 regulations governing their use 2 Proposal Eliminate the current rule regarding moving performance locations every 30 minutes DIscussion This rule IS Justified only In very heavily congested areas and IS proposed below only at peak times and for only two (2) blocks of Third Street Promenade 3 Proposal Revise and expand the safety gUidelines which govern locations In which a performer may perform DIscussion Current code reqUires performers to be at least ten (10) feet from a street corner, ten (10) feet from a bus stop and ten (10) feet from any business entrance Staff proposes to retain these proVIsions and add a requirement that at least four (4) feet of sidewalk be kept clear for pedestnan passage Other current proVIsions would be rescinded as essentially unworkable or unenforceable The four (4) foot clearance requirement would codify an accessibility Issue for public sidewalks and would be consistent With gUidelines from the Amencans With Disabilities Act of 1991 (ADA) 4 Proposal Prohibit the use of animals In performances DISCUSSion Staff IS respondmg to complamts from members of the public who believe animals can be mistreated In street performance acts 5 Proposal Prohibit performers from uSing generators, wet-cell batteries (I e , 13 automotive battenes) or other power source that poses a fire or public safety hazard Also, prohibit electrical extension cords connected to adjacent bUildings or the City electncal outlets DISCUSSion This proposal, which IS strongly recommended by the Fire Department, would prohIbit gasoline and other liqUid fuel electncal generators, together with batteries that could leak aCid If tipped-over or damaged Also, the recommendation seeks to eliminate electrical cords laid out along the public right-of-way. as these pose an obVIOUS potential tripping hazard Dry-cell batteries or gel-cell batteries, which are used by most Performers with amplification, would continue to be permitted as they do not pose the same public safety risk 6 Proposal No performer shall perform on public Sidewalks with more Instruments or props than the performer can reasonably carry or remove at one time (would also apply on the Promenade and the Pier). DISCUSSion AllOWing unlimited amounts of eqUipment to be set up for performances can Significantly contribute to unsafe congestion ThiS proVISion would also ensure that In the event of an emergency. performers Will be able to qUickly and easily gather their equipment and eXit their performance area 7 Proposal ReqUire that no performer shall display tangible art objects unless the objects were created dunng the day of the performance DISCUSSion Both current code and the proposed amendments Include In the 14 definrtlOn of "performers" those persons who create tangible art objects These artists or artIsans "perform" by dlsplaymg the act of creatmg art It IS the performance, or act of creatmg the art, which IS authonzed under the performer permit The sale or display of large quantities of artworks or handicrafts IS not authorized Therefore, to more closely preserve the public enjoyment of observing the performance of art creatIon and prevent Illegal vending, staff recommends that all such artwork be created entirely on site and d unng the day of performance 8 Proposal Any chIld under the age of 16 years participating In a performance would be required to first obtam an Entertainment Permit from the California Department of Industrial Relations. DIvISion of Labor Standards Enforcement DISCUSSion Current City regulations do not address this Issue Staff has received comments from members of the public concerned about the welfare of children performers The California Labor Code regulates the use of minors In any form of public entertainment The Labor Code. for example. requIres that children performers work no more than 8 hours per day, or 48 hours per week The Labor Code also prohibits children from workmg after 10 00 P m on any day preceding a school day or until 12 30 a m on a non-school day The staff recommendatIon would recognize the State regulations In thiS area and require children performers to obtain a State permit and adhere to those regulations 9 Proposal ReqUire all Performers producing tangible art objects to VISibly display a CitY-Issued sign mformmg the public that aJlltems displayed are available for free, With 15 voluntary donations accepted DISCUSSion ThIs provIsion IS Intended to help curb Illegal vending actiVity, especially by producers of tangIble art objects, by Informing the public of the stnct donation-only regulations under which street performers are allowed to perform 10 Proposal Decrease the Performer Permit Fee from $120 00 per year (payable quarterly) to 537 00 per year, and extend the processing time for Performance Permits to five (5) working days. rather than the current three (3) day rule DISCUSSIon Staff currently processes approximately 175 permits per quarter Staff has completed an analYSIS of the administrative cost of Issumg such permits, takmg mto account the staff time spent on each permit. supplies and overhead costs The staff time Involved In Issuing quarterly permits IS essentially the same as It would be to Issue annual permIts, therefore staff recommends that the permits be Issued on an annual baSIS It has also been determined that the cost of Issuing a replacement permit, should an onglnal be lost. IS nearly Identical to the cost of Issumg the onglnal permit Therefore, It IS recommended that replacement permits also cost $37 00 All permits would be issued on a calendar year baSIS and would expire December 31 of the year Issued Staff also anticipates an mcrease In the number of Performance Permit applications since permits will now be reqUired on the Promenade, the Pier and for performances on any publiC sidewalk, and perhaps due also to the reduced permIt cost ThiS mcreased workload can be accommodated Without budgetary Impact If the processing penod IS slightly 16 lengthened 11 Proposal Establish an admmlstratlve procedure for revocatIon or suspension of performance permits upon two (2) violations of permit conditions within SIX months DIScussion Current regulations call for three (3) crlmmal convictions within a year before a performance permit can revoked This creates an extremely high standard, and no revocatIons have occurred Staff recommends the proposed admmlstratlve procedure, mcludrng the nght of appeal to a hearing officer, as a more realistic enforcement mechanism This procedure IS similar to the one established for bUSiness license revocation Police personnel could Issue a Notice of Violation to any performer ViolatIng the regulations of the street performer ordmance, or could, In egregious circumstances, Issue citations Special Perlormer Regulations for Third Street Promenade: 1 Proposal Extend allowable performance hours allowed as follows Day Time Sunday - Thursday 900 a m - 1030 P m Fn - Sat 900 a m - Midnight Sat - Sun (early mormng hours) Mldmght - 1 30 a m DISCUSSion Current regulations are more restrictive In hours, but staff feels they are not legally Justifiable The proposed 900 a m start time IS structured to allow the City's mamtenance crew to complete their dally c1eanmg of the Promenade sidewalks and 17 roadway This dally washmg IS typically concluded by 9 00 a m As to the evening hours, the 10 30 P m stop time on weekdays IS Intended to recognize area residents' nghts to qUiet enjoyment of their homes at a reasonable hour The 10 30 stop tIme has been In place since 1989. and appears to be working well However, the current midnight stop tIme on weekends IS proposed to be extended to 1 30 a mo, with a strict nOIse limitation The Promenade frequently maintainS an active street life Into the early mortling hours on weekends due to the presence of late night movies and outdoor dining areas, among other allowable actiVItIes Staff recommends performers be allowed to perform on Fnday and Saturday nIghts from midnight to 1 30 a m of the following day, as thiS would be consistent With current practice for bar and outdoor dmlng clOSing The extended late night hours would only be Implemented In conjunctIon With more stnct nOIse limits In order to protect the qUiet enjoyment of reSidential uses on the Promenade (see Proposal #2 below) The 1 30 a m stop time IS recommended to COinCide WIth the common 1 30 a m "last call" In many bars and restaurants and In order to give performers adequate time to pack up their equipment and be ready to eXit the area at the 2 00 a m closure of outdoor dining areas 2 Proposal Establish nOise limits on the Promenade as follows Day Trme Max NOIse Level (Lmax) Man - Fn Man - Thurs 9am -7pm 7 p m - 10 30 p m 18 75 d SA 85 d SA FrI Sat Sun Sat - Sun 7 P m - Mldnrght 9 a m - Mldnrght 9 a m - 10 30 P m 1201 a m - 1 30 a m 85 dBA 85 dBA 85 dBA 65 dBA DIscussIon Note that these hours Include some penods m which street performmg IS not allowed ThiS IS because the proposed Promenade nOise limits apply to all persons on the Promenade, not Just street performers DUring hours outSIde those listed above, normal CitY-Wide nOise standards would apply Current Promenade regulations allow a maximum of 85 dBA In the daytime hours, but reduce maximum nOise levels to 75 dBA between 9 00 P m and 10 30 P m on weekdays and between 10 00 P m and midnight on Fridays and Saturdays FindIngs In the nOise survey indicate that no reliable enforcement-oriented nOise measurement of a street performer can be taken on weekends between 10 00 P m and mIdnight because tYPical ambient nOise levels exceed the 75 dBA limit ThIS condition means that the 75 dBA limit IS effectively unenforceable The proposed nOIse limits recognize the current reality of ambient nOise on the Promenade and would be more enforceable The 65 dBA limit for late night weekends would effectively bnng performance volumes down to a level close to the CitY-Wide nOise standards for commercial districts after midnight (the CitY-Wide limit for commercial districts after midnIght IS 60 dBA) Staff recommends thiS approach as a narrowly crafted restriction which would create a 19 reasonable late-night nOise standard, while stili allowmg those performers whose acts are of a very qUiet nature The nOise levels proposed by staff as detailed In the table above would allow performers to be heard without disrupting the conduct of business or qUiet enjoyment of residents 3 Proposal Enable the City CouncIl, by future Resolution, to adjust the performance hours and nOIse level requirements for holidays DIscussion Certain holidays are commonly non-work days for most employees and local residents The CouncIl may wish to conSider revised performance hours and nOise levels for such holidays For example. Saturday night rules could apply to the evening precedmg a holiday, even If such holiday fell on a weekday ThiS provIsion would gIve Council more fleXibility in addressmg thiS Issue through a Resolution 4 Proposal Amend current prohibition on performmg durmg City-approved special events The new proposal would require that performers remain sixty (60) feet from any City-approved special event DIscussion Some large special events encompass all three blocks of the Promenade Dunng such events, the proposed sixty (60) foot distance requirement would effectively prohIbit street performances dunng the event, except for those offiCially scheduled as part of the approved event However, other special events are smaller, compnslng Just one block or a portion of a block In such cases, performers malntalnmg 20 a sIxty (60) foot separation would not unreasonably mterfere with the special event 5 Proposal NOise limits would apply to all persons on the Promenade, not Just licensed street performers DIScussIon NOise limits are set to protect public health and common enjoyment of the pubhc nght-of-way and should be equally and eqUItably applied to all persons 6 Proposal Adjust, by Resolution, the authOrized performance zones on the Promenade as shown In the attached maps (Exhibit C) DIScussIon In an effort to explore the Issue of where performance zones should be delineated, staff analyzed the current pertormance zones, hired an architect to create scale drawings of the Promenade, exammed eXIsting physIcal conditions on the Promenade, tracked pedestnan flow m and around street pertormers, established the proximity charactenstlcs of performers to thelr audIence and observed the current pattern of preferred performance locations Staff also considered the hours and days of the week dUring whIch performers should be required to perform wlthm the authOrized zones Staff eventually deCIded to propose the performance zones Identified In the maps attached as ExhibIt C to this staff report Performers would be required to be wlthm those zones at all times that performIng IS allowed ThiS pOSition was taken due to the constricted 12' roadway Width at the north and south ends of the 1200 and 1400 blocks, the presence of two major movie theaters at the north end of the 1300 block and the need to prevent potentially unsafe crowd-forming performances at these locations, which are baSically eXits 21 and entrances to the Promenade Also, changing the allowable performance zones based solely on "peak-tIme" analYSIS would cause consIderable confUSion for the performers and also make clear and consIstent enforcement more complicated and less effective It was also noted that even at non-peak times, the Promenade stili has the most crowded sidewalks In the City 7 Proposal Establish, by Resolution, time periods when certain blocks of the Promenade approach maximum occupant load and establish special safety requirements during those periods The penods are proposed as follows Day Time Slocks Affected Fnday 7 p m to 12 a m (midnight) 1300 and 1400 blocks Saturday 7 pm to 12 a m (midnight) 1300 and 1400 blocks DUring these peak periods, and only In those two (2) blocks affected, pertormers would be reqUIred to move to a new locatIon every hour and would be required to be at least sIxty (60) feet from another performer and at least thIrty-five (35) feet from a licensed vendor cart or an IndiVidual or group setting up a display of merchandise available for donation DISCUSSIOn Portions of the Promenade are attractmg a dense crowd durrng certam peak perrods In recommending the limited peak periods and locations, staff examined pedestrian count data, reviewed the Fire Department's paramediC response time studies, listened to comments of Sayslde District Corporation and relied on observations documented vIa vldeotapmg 22 The requirement to change performance locations every hour IS Intended to prevent crowds from forming which can create extended pedestnan obstructions Having performers move keeps audience groups more mobile than would be expected WIthout thIs requirement, and Will reduce bottlenecks This WIll contnbute to overall pedestnan safety Also, requIring performers to move ensures fairness to all street performers by preventing the monopolizatIon of the "best spots" by a small group of performers The one hour recommendation IS a doubling of the current thirty (30) minute rule based upon performers' complaints that thirty (30) minutes was not enough time to set up, perform, and pack up ThiS regulation would only be applicable at peak times (a total of 10 hours per week) and only on the 1300 and 1400 blocks of the Promenade The sixty (60) foot performer separatron proposal IS also a reVISion of an eXisting regulatIon Current regulations read, In part, "No person may vend or perform Within thlrty- five (35) feet of any other vendor" Since at least 1989, the Police Department has enforced a 35 foot separation rule as applicable to performers In recent months, upon adVice of the City Attorney's office. Police personnel have stopped enforCing that rule, because It IS vaguely worded and does not clearly say 35 feet from "any other performer or vendor" As a result, there IS currently no enforceable distance requirement separatrng performers Close prOXimity of two or more performers can create dangerous constrictions of the publIC right-of-way and problems of one performer "crowding" another performer's area have occurred 23 The proposed sixty (60) foot rule IS recommended based on staff's and consultant's observation that performers often attract crowds In a dense rrng around themselves These crowd "rings" often measure forty (40) to fifty (50) feet In diameter A SIxty (60) foot separation reqUIrement between performers, applicable only at peak tImes, would allow safe pedestrran access through areas of adjacent performance crowds The proposed 35 foot separatIon between performers and licensed vendors would, because of the tYPical 20 - 25 foot radiUS of a performer's audience, reduce dangerous crowding near vending carts Again, thiS restrrctlon would apply only 10 hours per week and only on the 1300 and 1400 blocks of the Promenade Staff consIdered, but IS not recommendmg I the establishment of permanent, specific performance spots for peak times Staff believes the current system of larger performance zones allows more fleXibIlity for performers at peak tImes. Also, staff believes asslgnmg specific spots would lead to possible conflicts among performers competmg for the few authOrized spots, or would force the City to Issue assignments to the spots on some sort of lottery-type basIs Such Involvement In asslgnmg spots would entangle the City unnecessarily In the details of a performer's First Amendment expression and would be dIfficult to administer and enforce Special Performer Regulations for the PIer 1 Proposal Staff recommends that Council, by Resolution, establish performance 24 zones on the Pier as per the attached map (ExhibIt D), wlthm which performers may perform under the general City-wide performer regulations DIscussIon Staff retained experts to measure crowd size on the PIer Still photography was also used to study and document pedestrian crowding conditions Also, Fire Department personnel determmed maximum occupant load figures for the Pier While tYPical Pier crowds did not approach maximum occupant loads, and therefore no "peak time" restrictIons are being proposed, staff and experts did observe some specific areas of safety concern These concerns have motivated this pertormance zone proposal In general. recommended performance zones on the PIer are all public areas except the follOWing private leasehold premIses. the Pier deck parking lot, the tollbooth entry area to the parking lot, the Pier bridge, and the deck area Immediately north of the Carousel BUilding and extendmg past the Police Substation to the eastern edge of the beach access stairs near the Boathouse Restaurant, which IS prudent to keep clear for safe eXiting purposes These restrrctlons are motivated by public safety to ensure pedestrian flow and the ability of public safety personnel to respond In vehIcles to emergencies and calls for service 2 Proposal Establish allowable performance hours allowed as follows Day Monday - Thursday Friday Time 8 00 a m - 1 0 00 p m 8 00 a m - Midnight 25 Saturday 9 00 a m - Midnight Sunday 9 00 a m - 10 00 P m DIScussIon Recommended mornmg start times Monday through Saturday are consistent with City-wIde construction start times The 9 00 a m Sunday start time IS recommended as consistent with the Saturday time, even though construction IS normally not allowed on Sundays The recommended evenIng stop times are consistent with the reqUired summer closing hours for PaCific Park, the Pier's major VIsitor attraction 3 Proposal Enable the City Council, by future Resolution, to adjust the performance hours and nOIse level reqUirements for holidays DIscussIon See diSCUSSion of Item 3 In Third Street Promenade section of thiS report Vending Regulations 1 Proposal Better control Illegal vending by defining vending to Include requmng someone "to pay a fee or to set, negotiate. or establish a fee before providing goods or services" Require all persons displaYing any food, goods, written materials or merchandise In any public area, and making such goods available to the public free of charge. to VISibly display a City-Issued sign stating that all Items displayed are available for free, With voluntary donations accepted 26 DISCUSSIon Persons uSing the public streets to display their products, handicrafts or artwork generally fall mto one of three categories FIrst, they may be street performers Performers Will be reqUired to have a valid street performer permit, follow all applicable performer gUidelines, and display a sIgn mdlcatlng that Items dIsplayed are available on a donation basIs The required slgnage would be made available at the Pollee Information booth on the Promenade and at the Police Sub-station on the Pier They could not "charge" for theIr products and could only display products created entirely on site and dUring the day of the performance Second, they may be legal vendors Legal vendors are only allowed under special license agreement as part of the Promenade vendor cart program, under special License Agreement on the Pier, at SIX (6) speCIfic downtown locations, or as mobile, vehicle-based vendors Other vendors are Illegal, and enforcement action IS needed to keep thiS group from becoming established at vIsitor-oriented venues Within the City such as the Promenade and the Pier Vending IS speCifically prohIbited In City parks or on the beach A thIrd group of vendors are IndiViduals or organizations that are selling message-oriented Items that express a political, religiOUS, philosophical or Ideological pOInt of view Recent court cases give such IndiViduals or groups certain rights to engage In what staff calls, for lack of a better term, "free-speech vending" The City has an Interest In regulating such expression rn terms of preserving quality aesthetiCS In public areas, ensunng public safety, and preventing unfair competition With local bUSinesses Staff recommends that the CIty 27 Manager be authonzed to make accommodations for such free-speech vending withm the eXisting licensed vending cart programs or through other similar means Such free-speech vendors would be required to obtain a City BusIness License Promenade Vending Carts Staff recommends a senes of changes to the operation of the Promenade vending cart program All of the recommendations are designed to enhance pedestrian safety on the Promenade These changes can be administratively Implemented by drafting an amended License Agreement with the current cart program operator, Promenade Services, Inc 1 Proposal Establish a maximum allowable number of vending carts for each block DIscussIon No maximum eXIsts In the current Promenade Services LIcense Agreement Approximately 32 carts are typically present at peak times on the Promenade Staff anticipates negotiating a substantial reduction In the overall number of carts and a more even dlstrrbutlon of the carts throughout the three blocks of the Promenade Staff will negotiate an appropriate maximum number of carts per block, taking mto consideratIon the safe patterns of pedestrian flow, the economIc viability of the overall cart program, the location of street furniture, street trees, water fountains, and other elements of the bUilt environment. and Will ensure that the number of carts on the Promenade does not InhibIt or restrict other actiVities, including street performers 2 Proposal Vending carts should be required to operate wlthm the same pertormance 28 zones (see Exhibit C) established for street performers DIScuSSIon The same pedestnan safety and other safety concerns apply to vendIng carts as apply to street performers Staff recognizes the need to keep the Ingress and egress areas of each block as free of obstructions as possible 3 Proposal Vending carts should be assigned specific locations on the Promenade, with such locations carefully planned to be compatible with the estimated number of street performers In each block, and In consideration of vanous elements of street furniture and other pedestrian blockages, particularly durrng the peak weekend evening hours DIscussion Specific locations WIll be selected In an effort to minImiZe Impact on safe pedestrian flow Most locations Will be adjacent to street light poles from which licensed vendors are authorized to draw electncal power Because the vending carts are being limited to a maximum number per block and assigned to specific locations, and because they have limIted mobIlity, they WIll be afforded prlonty In occupYing their assigned locations Durrng peak periods, any street performer within thirty-five (35) feet of a deSignated vendor location Will be asked to move to accommodate the vending cart 4 Proposal Carts must be positioned on the Sidewalk, and out of the Promenade roadway, which IS the largest unobstructed path of travel for public use and emergency vehicles Carts must be also Oriented In a north/south direction In order to minimiZe disruption to normal pedestnan flow Further, no more than two (2) carts can congregate together 29 DIscussIOn These recommendations are further safety and pedestrian-flow proposals developed m consultation with Bayslde Dlstnct staff and the current cart program Licensee and Will be mcorporated m the new cart program License Agreement Enforcement Enforcement of the street performer ordinance has always been difficult, and has been the subJect of much public diScussIon Staff recommends several approaches to enhanced enforcement 1 Proposal The Pollee Department should retam enforcement responsibility DIScussion Staff considered other options, but none seemed appropriate 2 Proposal AuthOrized Police personnel should obtam additional traIning m nOise monltorrng from the City'S nOise consultant, Mestre Greve Associates D,SCUSSfOn This tramlng should augment current training offered by the manufacturer of the Police Department's sound mOnitoring equipment. and would emphaSize proper procedures for testing and recording nOIse levels In the diffIcult environments such as the Promenade 3 Proposal Additional Police personnel should administratively be given limited authOrity to Issue Notices of Violations to performers vlolatmg proVISions of the adopted street performer ordmance DIScussion This authOrity, In conjunction With the proposed City-wide regulation that 30 would allow administrative revocation or suspension of a street performer's license. with right of appeal, Will greatly aid In the enforceabIlity of the street performer ordinance Personnel With authOrity to write VIolation notices could be the Commumty Service Officers (CSQ's) on the Promenade, and Harbor Guards at the Pier Such notices are not offiCial Citations and would not carry monetary fines The Issuance of a Citation beginS a court hearrng process, the Notices of Violation would be part of a City administratIve process, Similar to the revocation of a City BUSiness LIcense For more serious Violations, CItations can be Issued ThiS proposal would not authOrize CSQ's or Harbor Guards to take formal enforcement action agamst Illegal vendors The current procedure for eso's or Harbor Guards who witness an Illegal vending operation IS to radio for assIstance from a sworn Pollee Officer, who IS expected to investigate the SItuation and deCIde whether to Issue a CitatIon That procedure would be retained BUDGET/FINANCIAL IMPACT The recommended action has no direct budgetlfinanclallmpact. RECOMMENDA TION Staff recommends that City Council Introduce for first reading the attached Ordmance adding Chapters 6 112 and 6 116 and Section 3 12375 to the Santa MOnica MunIcipal Code and amending Chapter 6 36 and Section 3 36 150 of the MUniCIpal Code relating to street performers and persons, Including vendors, displaYing or dlstrrbutlng merchandise, goods. wntten materrals and food, or plaCing obJects on publiC Sidewalks 31 Staff also recommends the adoptIon of the attached Resolutions which establish designated Promenade performance zones, designated Pier performance zones, sets the hours and locations of certain peak periods on the Promenade dUring which additIonal performer regulations become applicable, and sets fees for the Issuance of performance permits Staff further recommends that Council authorize the City Manager to negotIate and execute a revised License Agreement with Promenade Services, Inc incorporating the proposals outlined In this staff report. authorize the City manager to take steps to accommodate "free-speech vendors" on the Promenade and the Pier and direct the City Manager to take steps necessary to Implement the recommendations found In the "Enforcement" section of this staff report Prepared by Jeff Mathieu, Director of Resource Management Marsha Moutrle, City Attorney Jim Butts, Chief of Police Ettore Berardrnelll, Fire Chief Jim Hone, FIre Marshall Howard Robmson, Economic Development Manager Alicia Cortrlte, Chief Deputy City Attorney Barry Rosenbaum. Deputy City Attorney George Centeno, LIeutenant, SMPD Katie LIChtlg, Senior Management Analyst, City Manager's Office Ian Page, Sergeant, SMPD Gwen Pentecost. Senior Administrative Analyst 32 ExhibIts A B C D E F G H Charts Showing EstImated Crowd Sizes on the Third Street Promenade Charts Showing Results of NOIse MOnitoring on the ThIrd Street Promenade Maps showmg proposed performance zones on the Third Street Promenade Map showmg the proposed performance zone on the Santa MOnica Pier Draft Ordmance Draft Resolution Establishing SpecIal Zones for Performers. Vendors and Others on the Third Street Promenade (Resolution #1) Draft Resolution Establlshmg Special Zones for Street Performers, Vendors and Others on the Santa MOnica PIer (Resolution #2) Draft Resolution Establlshmg Filing Fees for a Performance Permit and a Replacement Performance Permit (Resolution #3) 33 Ra nge of Fnday Pedestrian Counts, 1200 Block 6000 ~ 500c _ 4000 ~ o H'g""" Read,ng . LOwes! ~eaQlng 3000 ~ 2000 ~ '000 ~ :J .~ Iil ~ ::;; ~ ::;; ~ ::;; ::;; ::;; ::;; ::;; ::;; ::;; ~ ::;; ::;; ::;; ::;; ::;; ::;; :::;;: ::;; c.. a. <:.. "- a. a. "- "- "- "- c.. c- o. <( <( B ~ 8 :>1 8 g 8 a 8 8 ~ g g 8 a 8 ?! c ?': g g '" '" 0 '" '" '" ,.. ,., '" '" .... a; CD m '" a SO ~ - ..... '" - Range of Fnday Pedestrian Counts. 1300 Block 900e _ 800e : ~\ / %\ _/ .<< \\ ~~ i:- i I ~ ~ I "; : \ ~ ~ \ '0? \ \ L (DOC ~ 600e + o >i'ghos1 Readong . LoweS1 Flead'ng 5008 ; 400':: ~ 3000 ~ 2C{)0 ~ ~ooo . :J ::;: ~ :; ~ ::?i ~ ;; ~ ;; :; :; :; :2 ~ :2 :2 :2 :2 ;; ~ ::;; ::;; C- c:... c:... ;::c G- o.. C0- D- 0.. D- a. c- <( < g c 0 0 0 ~ 0 0 CJ 0 C 0 0 c 0 '" 0 0 CJ CJ 0 CJ '" 0 '" 0 0 <'> CJ '" 0 <'" 0 '" 0 <'" 0 ,., 0 '" 0 0 <'< '" ,., '" ... '" ,,., '" <D (0 "- '" '" '" C' 0 0 C'. Range of Friday PedeSb1an Counts, 1400 Block 6000 _ 500C ~ r\ \ \ \ '\ ~QGQ : o >i'ghest RNdlng . LoweS! R..d,og 3000 2XO - WOG ; 0 ~ ::;; ::;; ~ ~ ::;; ::;; ::;; ~ ~ ::;; ~ ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; :;; ::;; a. 0.. c.. D- o.. c.. "- c.. D- a. a. D- u. D- < <( 0 0 0 0 '" 0 0 ~ '" 0 CJ 0 0 0 0 0 0 0 ~ 0 0 c; .... '" "" c; l'"l C 0 - 0 "" 0 .., C l'"l C '" 0 0 '" ,.. ,.., '" '" .. .. or ,,., <D '" .... "- '" ,., '" (;' S SO - ~ ,... - Counts taken July 25, August 1, August 22, 1997 Exhlbn A, p. 2 Range of Saturday Pedestnan Counts, 1200 Block 6000_ 5000 ~ 4000_ o H.ghes' l<:eal1lng . Lowes! Reading 3000_ 2000_ '000 _ " 0"'-- ~ :::;; :::;; :::;; a... c... u.. o C C o .... 0 '" .... - :::;; D- o <"' oJ' g :::;; ::;: :::;; :::;; ::;; a... c:... c.. il.. a..- DOe C 0 .0 M 00 ["'"' 0 en en 0. ~ t: ::;; :::;; ::;; ::;; c... c... Co- a.. 0- 0 0 C o ("') 0 ('f'" 0-- GO "" :::;; D- C o <C :::;; D- g '"' :::;; :::;; < <t: o 0 o <'" '" :::;; :i. o .... .... :::;; ~ ::;; :i. ::;: D- O o o co co .... ... Range of Saturday Pedestnan Counts, 1300 Block 9000_ 8000 _ 7000 _ 6000 , 5000 4000 . 3000 2000 ~ ,~{)C "' + C Hlgnest Reading . Lowest 'lea<llng 0 :::;; t: ::;: 5: ::;; ::;; ~ ~ ;;' ::; ::;; ::;; ::;; ::; ::; ~ :::;; :::;; ::;; ::;; ::; ::;; D- o.. 0. !l. D- o. 0. D- c.. D- o. D- OL (L < <( 0 so: 15 ~ 0 co 0 '" '" co 0 0 0 0 co ~ 0 0 c c c 0 0 C r 0 .... 0 r 0 .... 0 <"' c <:> <'" c .... 0 0 '" ..., ... ,~ .. '" Ie 0-- 0-- "" GO en m 0 0 '" Range of Saturday Pedestrian Counts, 1400 Block 1.40~ ~ 120~0 . o Hlgnest Real1;ng 'LabGr :lay .Weekend: 100'.:c; - . Lowest Readl"9 ex: _ 600J " " (- ~ "" -* ~ " k f t :t ? "- 4000 . x:;5- -'" '0 < ~ ~ )it Z 0 ::;; ~ ::; ::;; ::;; ::; ::;; :::;; :::;; ::;; ::;: ::;; :::;; ::;; ::;; ::;; ::;: ::;; ;; ::;; ::;: ::;; c- :l. D- o.. D- o.. 0- ~ D- (L 0. 0. 0. 0. D- O-- < < '" 0 0 s: c 0 c 0 0 '" 0 0 c '" 0 ~ 0 <:> '" 0 0 0 '" .... 0 C r C "" 0 "" 0 "" C r 0 C "" 0 '"' 0 .... '" r- ... "' .... '" '" '" "" m ~ co 0 ::= ~ Counts taken July 26, August 2, August 23, August 30. 1997 Exh~bH A, p. 3 Average Sunday ~oeslTlar eo"nl$ '200 BloCk 4(]00 _ 3500 3000 _ 2500 _ 2000 _ 1500 _ 1000 ::;; 0.. ?l r.. r.. ::;; 0.. r.< ... ::;; ::;; 0.. "- ~ 8 .,.. <<' ::;; 0.. g I- ::;; 0.. o ,.., 00 ::;; ~ ::;; ::;; :::;; ~ 0.. Cl- "- 8 l" 0 0 g <> <> ,.., '" '" '" <> ~ - :: - ::;; ::;; Cl- 0.. <> C <:> <"' {"'". ("') ::;; 0- 8 .,... ::;; 0- <> .., <D ::;; 0- 8 00 Average Sunday A3destnan Counts 1300 Block 4000 _ 3500 _ 3000 _ 25:):) _ 2OJO 5CO . ;;;; ::;; ::;; :::;; :::;; t ::;; ::;; ::;; :::;; :::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; 0.. 0.. 0.. G- o.. 0.. "- 0.. 0.. "- 0.. Co. 0.. 0.. "- g c c c 8 ~ c 8 0 0 <> 8 ?! 8 <> 8 c 8 0 <" c '" <" M <> .., M <" '" .... " ("" ("" ... ... .,.. <D <D I- oo oo G' '" SO SO - - - - Average SJ""a 1 "'edestnar Cour'S 1 400 Blo~ k 4GOC _ 350C _ 3000 2500 _ 2000 _ '500 . 1000 _ 5o::l -0 o .... ::;; 0.. C '" r.. '" ::;; "- <> ("" <> ::;; 0- 8 ("" ::;; 0.. ::;; 0.. 8 ... ::;; 0- o '" ... ::;; 0.. o o .,.. ::;; c- o .., L" ::;; 0.. 8 ::;; "'- c ("" <C :::;; CL 8 ::;; 0.. f,l ::;; 0.. 8 '" ::;; 0.. C ("" '" ::;; "- g G' ::;; C- o M '" ::;; "- c c c ::;; 0.. <> o o M M Counts taken July 27, August 3. August 24. 1997 ::;; 0.. ~ :: Exhl.b:lt A, p. 4 Santa MOnica Pier Pedestrian Counts Fnday Pedestnan Counts. Santa MOnica Pier 25QC _ 2000 _ 1000 SOD ::;; ::;; ::;; ::;; ::;; ::;; ;; ::;; ::;; ::;; ::;; 0- 0.. 0.. D- o.. 0.. c- o.. 0.. 0.. 0 0 0 0 c 0 c 0 0 0 <:> C> C> <> <> <> c <> <> <> <> <> <> C> ~ N ..- ... on '" I"- a> a- s: ~ ~ Saturday Pedestrian Counts, Santa MOnJI:a PIer 350C _ 3::0: :- '000 2500 ~ 2000 ./ - ( '500 I 5CO ::;; c- o <:> '" laY ..>Jt126 ::2: 5: ::2: c- o.. C> c c c:: <> c '" g ." ;;: ::;; ::;; iL <:> o <.D ~ o <> t- ~ o o co ::;; ::2: ::;; 0- c... D- o C> <> 0 C> 0 a-, 0 ~ ~ o o ... Sunday Pedestnan Counls, Santa MOnlWl PIer 35DO _ 3000 _ 2500 j 200a "- . sc'O ~ 1000 500 0 ::2: ::;; ::;; ;; ~ ::;; ~ ::;; t: ::;; ;; ::;: f ::2: ::;: ::;; ::;; ::;: ~ !: <2- ll.. "- c... c- "- c.. :l. :l. "- :l. 0 <> 0 0 C> c <:> so: <:> S C> S! '" <> <:> C> g ~ C> j;2 C> .., 0 M C> M <:> 0 0 <> M C> ..- 0 N ~ '" ..... ..- .. <0 <D l"- I"- <0 '" '" .,. Counts taken July 26, 27, August 1 - 3, August 8, 1997 Exhl.bH A, p. 5 Third S1. Promenade Average Weekend Hourly Noise Levels Saturday Hourly Average Noise Level 95 _ _ 90 ! I 85 80 75 70 500 PM 600 PM 700 PM 800 PM 900 PM 1000 PM 1100 PM 1200 AM Sunday Hourly Average NOise Level 90 T - - - - - -- ~ - - -- - - -- - -- - - - -_. 85 80 75 70 65 60 55 4 00 PM 5 00 PM 6 00 PM 7 00 PM 8 00 PM 9 00 PM LMAX = lEa = LMIN = - = MaXimum sound level reached Average sound level over 2-mmute period Lowest sound level reached Proposed sound level maximum ExhIbIt B o LMAX; [J LEQ .LMIN i 0 LMA.X ioLEQ r.LM1N Page 1 100 __h___ j 951 I 901 ! 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