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HomeMy WebLinkAboutNB 4 WESTERN BAGEL 11-20-89)ATE: TO: FROM: SUBJECT: WI'LL'r~.M /It,. HUSTON~ C1'TY MAN/%GER COMMUN'rTY DEVELOPMENT DEPARTMENT COMPLAINT FROM MR. NICHOLAS REGARDING WESTERN BAGEL RECOMMENDATION Receive and file. B&CKGROUND At the City Council meeting on November 6th, Mr. Nicholas, a resident of 190 Centennial Way, #13, complained about noise/high pitched vibration across the street from his residence at Western Bagel. Western Bagel is located at 506 East First Street in Larwin Square. · In response to the alleged code violations, the Community Development Department and Western Bagel have taken numerous steps over the past few months in an attempt to resolve Mr. Nicholas' complaints (attached is a chronology of major events on this matter). Unfortunately, at this time, there exists no documented violation of City ordinance and nothing which would enable the City to require facility corrections by Western Bagel. However, even with no documented violations of City ordinance representatives of Western Bagel have been extremely cooperative and have taken numerous conciliatory steps to modify their operations in an effort to address Mr. Nicholas' concerns (see attached corresPondence)- Staff believes at this time that Western Bagel complies with City · ordinances and has ..done everything possible to satisfy Mr. Nicholas.. As always, staff will continue to work with complaints to document actual violations of City ordinance, but will not proceed with enforcement actions where no violations are validated. Christine A. Shingle~-, Director of Community' Development CHRONOLOGY OF I~,JOR EVENTS COMPL~'rNTS ON WESTERN B~EL Jul~ 31, 1989 August 8, 1989 August 15, 1989 September 5, 1989 September 22, 1989 (Approximately) The City received an anonymous complaint of an alleged noise problem at Western Bagel. While it is not City policy to respond to anonymous complaints, staff did investigate the situation and found no immediate problem. Beth Schoemann, Associate Planner, sent a letter to Western Bagel indicating that a complaint had been received regarding an alleged noise source in the early hours in the morning at their store and. asking for their assistance in responding to complaint. Eric Dahl of Western Bagel responded to the City's August 8th request by indicating that delivery times had been changed, the delivery location during the night hours had been relocated from the rear of the building to the front of the building, and the air compressors and other roof top equipment were checked for excessive noise levels, serviced and were operating properly. Mr. Dahl did indicate that they were receiving numerous calls directly from the complainant. The complainant again anonymously called and was still not satisfied with this effort and requested that a noise test be performed. Beth contacted Mr. Elwyn Brickson, Noise Specialist for the County of Orange, to request that a noise test be performed. Mr. Brickson indicated that he needs a specific name and address of the complainant prior to his work. He also indicated that he would be out of the office for two weeks and would conduct the test when he returned. Mr. Nicholas finally identified his name and address. Mr. Brickson conducted the noise test at Western Bagel using a Sound Level Meter meeting the American National Standard Institute's standard for sound level meters. The results of this test did not indicate a violation of the City's Noise Ordinance. ,Community Development Department City Council Report Western Bagel November 20, 1989 Page 3 Mr. Brickson even left the equipment for Mr. Nicholas to use for approximately a week to do his own reports since the alleged time is in the early hours of the morning (since the complainant represented that the noise did not occur every night, it would be difficult to come every night). October 24, 1989 Mr. Nicholas was still not satisfied with the efforts of staff nor satisfied with the results of the tests performed. He indicated that there was a strong vibration now coming from the store. Mr. Nicholas also contacted Mr. Huston's office at least four times on this date. Staff made a site visit later that afternoon and was unable to identify any excessive noise source or any hint of a vibration coming from any of the tenants on the backside of Larwin Square during the day hours. Mr. Brickson with the County was also contacted regarding information on how to measure for vibrations. It was indicated that their offices do not have any equipment to monitor vibrations, nor does the City have any Ordinance from which to monitor and regulate vibrations. October 27, 1989 (approximately) Mr. Huston spoke directly to Mr. Nicholas and indicated that the City had done everything possible but no violations were apparent on the site. November 1, 1989 Mr. Nicholas, between the Community Development Department and City Manager's office, called the City six times regarding the subject matter. November 2, 3, 1989 The City Community Development Department attempted to contact Mr. Nicholas twice. Community Development Department city Council Report Western Bagel November 20, 1989 Page 4 November 6, 1989 November 7, 1989 November 8, 1989 Mr. Nicholas contacted Chris Shingleton on the phone about him not being able to sleep on Friday and Saturday 'night because of faulty roof top mechanical equipment at Western Bagel. Chris Shingleton and Beth Schoemann met for approximately 45 minutes with Mr. Nicholas. Mr. Nicholas represented that this matter had -been a two year problem but that the last three days were the worst. He represented that Western Bagel had let him up on their roof and concurred that their equipment was faulty. Staff told Mr. Nicholas that there were documented violations of City ordinance and asked him if he would permit placement of more complex noise monitoring equipment in his unit if it could be made available by the County. Mr. Nicholas said he would think about it and get back to the City. He also indicated his objective was to shut Western Bagel down since they did not belong at their location. Chris Shingleton contacted Dennis the Manager at Western Bagel. Dennis indicated that they felt they were being responsive to Mr. Nicholas but did not believe there was a problem with their equipment. They are, however, examining the potential for modifying a vent but he needs to talk to the company about that. He also complained that Mr. Nicholas was calling him and Eric Dahlan with Western Bagel at their homes in the middle of-the night on numerous occasions. Dennis of Western Bagel return the City's call and indicated they were working on the vent but the elbow might need to be custom made. He wanted to assure the City that although they were not in violation of City Code they were good neighbors. Eric Dahl of Western Bagel called and was concerned about City Council review on November 20, 1989 of Mr. Nicholas' complaint. ,Community Development Department City Council Report Western Bagel November 20, 1989 Page 5 November 9, :1.989 November ~5, L989 He committed to provide a letter identifying the steps Western Bagel has taken to date to address Mr. Nicholas' concerns. Mr. Benedict from the County returned City's call and verified that more complex noise monitoring equipment could be placed in Mr. Nicholas' residence if he would call them to set up an appointment, he agreed to leave the equipment for 48 hours. He also stated that Mr. Nicholas had been calling and harassing their office. Staff contacted Mr. Nicholas and asked if he would agree to placement of noise equipment in his unit. He responded-that he would think about it and agreed to contact the County for an appointment should he desire to proceed. Mr. Benedict with the County contacted by staff. Staff unable to verify that Mr. Nicholas had requested an appointment to place noise equipment. ,,Community Development Department ATTACHMENT A 7814 SEPULVEDA bOULEVARD · VAN NUYS. CA 91405 · (818) 786-5847 · (213) 873-4634 ['~cvemDer il. i DAVID USTIN. CHAIRMAN STEVE UStIN. PRESIDENt Mr. Houston .300 Centennial "~'a:¢ '/ustln. Ca] iiorn'.a O£680 RE: Bom [,Ii cho i as DisturDance Comp] aints Deas ['ir. Houston: This ;et. teE i~ in ~esmonse to numerous inaui~ies Dy the City of iusttn into comm]aLnts filed Dy Bob Nicno]as reoarClnc aiiegea iouG ,BnG intolerable noises. For the past 42 years. Western Bagel has mrcviGeG ~uaii~v pfoaucts and services to ail of its customers. But of more importance is the commitment that Western Bagel has mace to ail of the communities we serve. In keeminG with that commitment, we fee] that Westesn Bagel has been mend]no over backwards foe the mast three years in order to sRtisfv unfounded and misdirected comp]aints made my 5oD Nichoim~. Western Ba~e] i . nas vo!un:-..~ri!v done the fo] low!hQ: i~:: ~ r:ic, n~ empio¥'ee's i:/-oln ~3ar',h]:':c: ~,/her-e the",' clee;:,,~nateG to :)a[-k since [fir. [,~icno:.as ~oesn tc hear %ne car GCCFS s]am. 2. Chan~ec our dei iverv schedule of oroducts comin~ to the ba~.'erv to satisfy [,Ir. Nit. bolas s request. ,;. L'o3. G C_:L;E ',.:~0[ es5 i e cie ] ,,., o" t~e ,~ose ]ris~eaG or Ch?.noec: mu[- :..:noiesaie Oakino .~ime in sesDonse ~o ?it. [,~icno~as s com~iaint tha~ we ¥;ece make. no no,se while o~,:.lr,,o. YrB. ciit[on~l''..'. ~[ or ouc othec De-:er:es [:~:.e stca[on~ th~ouor, t~e n:or.~ in crce:- ~o o:~.. .... ~e customec the ;ceshes* ooss[Sle o"occur~ We now sake ~he evenino before. 5. At our e:,:oense, we cont[-ac*,ed with Ali Tempe.:-~tu[-es Contco]lecJ inc. to survey a.:.l of ou,: equioment anm 7814SEPULVEDABOULEVARD · VANNUYS. CA91405 · {818}786-5847 · ¢213}873-4634 DAVID USTIN. ChAiRMAN STEVE UStIN. PRESIDENt Deio,4 normal no:se ieveis, in acid~ t ion. the Enviconmental Health Department inspected our facility and found that our equipment was operating ',,;e i i De i o,,~ 3cceoted i eve ! s. Mr. ;~ichoia. s's latest ceouest is f:_:s us to ci~anae ~he~.. d~¢"c'~ ion,... ,,. of our exhaust f=n, . discharge, it wi il be a useless and cost]'.' exercise, but ;:e will do i~ if it :.zii] stop him ~:om call,ns our manaaecs Since a! i of ,the corresponae~ ~.,'~ tn evefyth[rlg possio that Mr. ['Jichc]as different city ae.o.a¢tmen~.s %ha~ 'Ce have agree that Western Baaei has Gone ]e to satisfy [<r. [,]icholas. we no',.,: fee] has pe[-sisted to the Dolnt og h.ar.assment. there [~ an'/th eieviate this ann i no e i se that vou fo~,,_ ] ;.,'e can co ~,_, o'[in[ situation, please contacu us. Hopefully Oefo~e ~.:e .are attorne'!'s. ssue ~..;[ ii be ceso:,;---,-~, ...~. a*. this .,~u~ctu[".~ ced to turn the matte,: over to cur Sincerely. 'Er i k Dah i Director Of Retai! Ope[at i OhS 216' Devonshire Street. Suite 300 Chatsworth. CA 91311 (818) 882-1478 / FAX (818) 773-0437 (8O0) 626-6876 November 8, 19S9 Western Bagel, Too 506 First Street Tustin, Ca 92680 Attention: Dennis RE: Freezer condensing units Dear Dennis: On June 30, 1989, upon the request of Western Bagel Baking Corpo~'ation, we did a thorough inspection of the condensing units for the freezer at the location that you manage in Tustin. The freezer specifications are as follows: Manufacturer: Snyder-General Model #: SC-0750-MIB Serial #: 86L-0780-A87 Serial #: 86L-03776-A87 We also did take a look at the air conditioning equipment, as well. The. air conditioning specifications are as follows: Manufacturer: Goettl Model #: GBHPG01C Serial #: 843 Dennis, our inspection indicated that there are not any unusual noises or sound distractions above normal operating conditions and capabilities; in fact, all of your equipment was running in proper order as of that date. At later dates, we performed extensive work on the freezer, in regards to changing a compressor for one o~ the condensing units; at that time, we again checked the equipments' noise level, and again, nothing abnormal was detected. It is possible to install isolation/vibration padding underneath the condensing units; however, there is no guarantee that this will solve any "normal" operatiOnal noises that are supposedly being heard by others. Please let me know if you are interested in the pads, and I will quote you the cost. Cont'd... Heating Air Conditionin,q Refrigeration Sales S~-~rv c~ n:~l,a at~o~ Pa~e 02...cont£nued Western ~agel, Too - Tustin November 8, 1989 Dennis, if you should have any further questions, or need any further assistance in this matter, please feel free to contact me -at anytime. Thank you. Co.~ially, Cheryl,~. ' Pipe~ All Temperatures Controlled, GM.cp;wb2frz. ltr Inc. cc: Eric Dahl, Western Bagel, 7814 Sepulveda Blvd., Van Nuys (818) 882-1478 (800) 626-6876 FAX (818) 773-9437 Temperatures Controlled HEATING · AIR'CONDITIONING REFRIGERATION 21601 DEVONSHIRE ST. Cheryl Piper CHATSWORTH, CA 91311 LICENSE NO. 358567