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HomeMy WebLinkAbout4. PLN-18-00136 - 8141 DePalmaSTAFF REPORT PLANNING DIVISION DATE: SEPTEMBER 19, 2018 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER SUBJECT: SPECIAL EVENT PERMIT (PLN-18-00136) – A REQUEST BY WARREN HIGH SCHOOL TO CONDUCT A THREE-DAY CARNIVAL ON SEPTEMBER 21-23, 2018 WITHIN THE SCHOOL PARKING LOT LOCATION: 8141 DE PALMA STREET ZONING: R-1 5,000 (SINGLE-FAMILY RESIDENTIAL) REPORT SUMMARY The proposed Special Event Permit (PLN-18-00136) is a request to conduct a three-day carnival within the parking lot of Warren High School. This is an annual event that the school has hosted for several years to help support various school programs and athletics. These events have benefitted the school with little impacts to the surrounding areas. Based on the analysis contained within this report, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SPECIAL EVENT PERMIT (PLN-18-00136) AND THEREBY AUTHORIZING THE OPERATION OF A THREE-DAY CARNIVAL ON SEPTEMBER 21-23, 2018, WITHIN THE WARREN HIGH SCHOOL PARKING LOT, LOCATED AT 8141 DE PALMA STREET AND ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL) BACKGROUND On August 20, 2018, Samantha Miyahara, on behalf of Warren High School (hereinafter referred to as “the Applicant”), submitted a Special Event Permit application (PLN-18-00136) to request the Planning Commission’s approval of a carnival at Warren High School. The proposed carnival is proposed to occur over a three-day period: September 21-23, 2018. Warren High School is at the northeast corner of Paramount Boulevard and De Palma Street. The school site comprises approximately 26 acres of land. The property is developed with classroom buildings, administrative offices, sports fields, a swimming pool facility, tennis courts, and three parking lots. The parking lots are located on the east side of the school (adjacent to Gurley Avenue), on the south side of the school near the school offices (at De Palma Street) and at the westerly side of the school (adjacent to the north and south sides of the tennis PC Agenda Page 1 Special Event Permit (PLN-18-00136) – 8141 De Palma St September 19, 2018 - Page 2 courts). The southernmost parking lot along Paramount Boulevard is the primary parking lot of the school and it will be the site of the proposed carnival activities. The Warren High School property has a General Plan Land Use Designation of Mixed Use (MU) and is zoned R-1 5,000 (Single-Family Residential). The surrounding properties are described as follows: Zone Use North C-1 (Neighborhood Commercial) and C-M (Commercial Manufacturing) Retail (Building Materials Yard) and Retail Center East R-1 (Single Family Residential) and R-3 (Multiple-Family Residential) Single-Family Residential and Apartment Buildings West R-1 5,000 and C-1(Neighborhood Commercial) Single-Family Residential and Apartment Buildings South C-1 (Neighborhood Commercial) R-1 (Single Family Residential) and R-3 (Multiple-Family Residential) Church, Single-Family Residential and Apartment Buildings On September 4, 2018, the application was deemed complete; and on September 6, 2018, a notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. DISCUSSION/ ANALYSIS The Special Event Permit is to allow a carnival as a fundraiser for school programs and athletics at Warren High School. The applicant has indicated that they expect approximately 500 persons on Friday and Saturday, with slightly less on Sunday. Activities at the carnival include food, game booths, two (2) fun houses, large mechanical carnival rides, kiddie’s rides, and school booths where student organizations will sponsor food booths and games. The carnival will take place in the southerly parking lot of Warren High School, which borders Paramount Boulevard. The hours proposed for the carnival will be as follows: Friday, September 21, 2018, 5:00 p.m. and 11:00 p.m. Saturday September 22, 2018, 1:00 p.m. and 11:00 p.m. Sunday, September 23, 2018, 1:00 p.m. and 10:00 p.m. Warren High School’s parking lots will be available to carnival guests and participants. The Applicant estimates that 500 parking spaces are available on the subject site as follows: 100 spaces in the parking lot north of the tennis courts; 350 parking spaces (10 ADA accessible) in the rear school parking lot adjacent to Gurley Avenue; and 50 spaces adjacent to Warren High School in the center of the site and 15 ADA accessible parking spaces adjacent to the school’s administrative offices along De Palma Street. Twenty-foot wide fire truck access lanes at the center and along the perimeter of the carnival area will be provided. The fire lanes will be accessible from two gates along the Paramount Boulevard street frontage and from De Palma Street. PC Agenda Page 2 Special Event Permit (PLN-18-00136) – 8141 De Palma St September 19, 2018 - Page 3 Since the parking area will not be completed cleared of the carnival rides and equipment by Monday morning, the Applicant has indicated that the parking is available by the football field and off of Gurley Avenue and Manatee Street. The carnival will be set up in the southwesterly (Paramount Boulevard) parking lot, approximately 100 feet from the residential properties to the west and about 225 feet from the residential properties to the south. The Applicant proposes to locate a generator near the center of the carnival area, and adjacent to the large rides. The only amplified noise proposed will occur in association with the carnival rides. Set-up activities will begin Thursday, September 20, 2018 no earlier than 4:00 p.m. Clean-up activities will cease at 12:00 a.m. on Monday, September 24, 2018, and resume the following morning no earlier than 6:00 a.m. so that all carnival equipment is removed by 12:00 p.m. on Monday, September 24, 2018. Similar to last year’s event, the Police Department is again requiring that Warren High School provide four (4) licensed and bonded security guards for the carnival, with two (2) Warren High School security guards patrolling the parking lots and school campus. In addition, two (2) Downey Police Department Officers will be on-site during peak carnival hours on Friday and Saturday from 7:00 p.m. to 11:00 p.m. and on Sunday from 7:00 p.m. to 10:00 p.m. The nearest residential properties are located across Paramount Boulevard, approximately 100- feet from the carnival area. While noise is typically associated with carnivals, the hours of operation are such that they don’t go beyond 11:00 p.m. on Friday and Saturday, or 10:00 p.m. on Sunday, which staff has recommended as conditions of approval. In addition, staff has included a condition of approval that requires that clean-up activities cease by midnight on Sunday, and resume the following morning on Monday, so as to reduce the possible negative noise impacts during the early morning hours. DEVELOPMENT REVIEW COMMITTEE On September 6, 2018, the Development Review Committee (DRC) discussed and evaluated the aspects of the Special Event Permit that pertain to Planning, Police, Fire, Public Works, and Building and Safety matters. The Police Department provided their conditions of approval that include two (2) Downey Police Department Officers (during peak carnival hours) and six (6) security guards on site during the duration of the event. The Fire Department and Building and Safety Division stated that permits are required for the inflatable houses, mechanical rides, and any outdoor generators. Said concerns have been addressed with specific conditions of approval. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15304 (Class 4, Minor Alterations to Land). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of CEQA. Class 4 exemptions include temporary uses, such as a carnival, that will have no permanent effect on the environment. PC Agenda Page 3 Special Event Permit (PLN-18-00136) – 8141 De Palma St September 19, 2018 - Page 4 FINDINGS Pursuant to the requirements of the Municipal Code, the following findings shall be made in order for the Planning Commission to approve the request. 1.That the proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The City of Downey General Plan Program No. 1.1.5.3 states, the City shall “promote recreation and entertainment uses that serve needs of the public.” Inasmuch as the proposed carnival is a fundraising event for Warren High School athletics and programs, is open to the public, and includes games and rides for attendees to enjoy, the proposed special event is consistent with the aforementioned General Plan program. 2.That the proposed activity or use is consistent with other provisions of Article IX (Zoning Ordinance) of the Downey Municipal Code. The location of the proposed carnival is the southernmost parking lot along Paramount Boulevard at Warren High School. The subject property is located within the R-1 5,000 (Single-Family Residential) zone, where special events such as outdoor carnivals are permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The three-day outdoor carnival will not impinge on the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Warren High School will not be impacted by the proposed event, because the carnival will take place on a Friday evening and on the weekend, when school is not in session. 3.That the proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The special event proposed will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary three-day outdoor event. Nevertheless, staff is recommending several conditions of approval to ensure the event does not impact surrounding sites. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION As the carnival has been a successful fundraiser and an anticipated event by the community for several years, Staff supports the proposed carnival (as conditioned) and recommends that the Planning Commission approve Special Event Permit application (PLN-18-00136), subject to the conditions of approval as stated in the Planning Commission Resolution. EXHIBITS A.Vicinity Map & Site Photograph B.Aerial Photograph C.Draft Resolution D.Site Plan PC Agenda Page 4 Special Event Permit (PLN-18-00136) – 8141 De Palma St September 19, 2018 - Page 5 Exhibit ‘A’ PROJECT LOCATION SITE PHOTOGRAPHS OF THE PROPOSED CARNIVAL AREA (Views of southerly parking lot from Paramount Boulevard) PC Agenda Page 5 Special Event Permit (PLN-18-00136) – 8141 De Palma St September 19, 2018 - Page 6 Exhibit ‘B’ AERIAL PHOTOGRAPH 8141 De Palma Street EVENT AREA 350 Parking Spaces 100 Parking Spaces Entrance Entrance PC Agenda Page 6 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SPECIAL EVENT PERMIT (PLN-18-00136) AND THEREBY AUTHORIZING THE OPERATION OF A THREE-DAY CARNIVAL ON SEPTEMBER 21-23, 2018, WITHIN THE WARREN HIGH SCHOOL PARKING LOT, LOCATED AT 8141 DE PALMA STREET AND ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL) THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A.On August 20, 2018, Samantha Miyahara, on behalf of Warren High School, (hereinafter referred to as “the Applicant”), submitted a Special Event Permit Application (PLN-18-00136) on behalf of Warren High School, to request the Planning Commission’s approval of a special event permit for a carnival at Warren High School, located at 8141 De Palma Street (hereinafter "Subject Property"); and B.On September 4, 2018, staff deemed the application complete; and C.On September 6, 2018, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot; and D.The Planning Commission held a duly noticed public hearing on September 19, 2018, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15304 (Class 4), Minor Alterations to Land. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares that: A.The proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The City of Downey General Plan Program No. 1.1.5.3 states, the City shall “promote recreation and entertainment uses that serve needs of the public.” Inasmuch as the proposed carnival is a fundraising event for Warren High School athletics and programs, is open to the public, and includes games and rides for attendees to enjoy, the proposed special event is consistent with the aforementioned General Plan program. PC Agenda Page 7 Resolution No. 18- Downey Planning Commission Special Event Permit (PLN-18-00136) – 8141 De Palma Street September 19, 2018 - Page 2 B. The proposed activity or use will be consistent with other provisions of this article. The location of the proposed carnival is the southernmost parking lot along Paramount Boulevard at Warren High School. The subject property is located within the R-1 5,000 (Single-Family Residential) zone, where special events such as outdoor carnivals are permitted, subject to the criteria found in Section 9420 of the Downey Municipal Code. The three-day outdoor carnival will not impinge on the surrounding properties since the special event is not a permanent alteration to the site. The parking needs for Warren High School will not be impacted by the proposed event, because the carnival will take place on a Friday evening and on the weekend, when school is not in session. C. The proposed activity or use will not result in conditions or circumstances contrary to the public health, safety, and general welfare. The special event proposed will not result in conditions contrary to the public health, safety and general welfare given that it is a temporary three-day outdoor event. Nevertheless, several conditions of approval have been included to ensure the event does not impact surrounding sites. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves Special Event Permit (PLN-18-00136), subject to conditions of approval attached hereto, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of September 2018. ___________________________ Patrick Owens, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 19th day of September 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 8 Resolution No. 18- Downey Planning Commission Special Event Permit (PLN-18-00136) – 8141 De Palma Street September 19, 2018 - Page 3 SPECIAL EVENT PERMIT - PLN-18-00136 CONDITIONS OF APPROVAL PLANNING 1.This approval of Special Event Permit (PLN-18-00136) allows the Applicant to host a three-day outdoor Carnival on the southwesterly parking lot area of Warren High School, located at 8141 De Palma Street in Downey. The hours for the carnival shall be as follows: Friday, September 21, 2018, 5:00 p.m. and 11:00 p.m. Saturday, September 22, 2018, 1:00 p.m. and 11:00 p.m. Sunday, September 23, 2018, 1:00 p.m. and 10:00 p.m. 2.Approved activities for this Special Event Permit shall consist of food booths, game booths, two (2) fun houses, large mechanical carnival rides, kiddies’ rides, and school booths for student organizations. 3.Approval of this Special Event Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 4.Prior to the issuance of building permits or Fire Department permits, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey, by September 20, 2018, by 12:00 pm. 5.The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 6.Set-up shall begin no sooner than 4:00 p.m. on Thursday, September 20, 2018. 7.The carnival operator shall provide trash receptacles throughout the subject site, including parking lots. During the event, the Applicant shall assign workers to pick up trash during the carnival in the parking lots and the adjacent sidewalks and neighborhoods. 8.The carnival operator shall provide a clean-up crew that will clean the Warren High School parking lots every night at the closure of the event. 9.The Applicant shall provide a sweeper truck, which cleans the parking lots upon closure of the event on Sunday night. 10.All carnival activities shall cease by 10:00 p.m. on Sunday, September 23, 2018. 11.Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles, porta-potties, the generator, electrical equipment, mechanical rides, and garbage shall cease by 12:00 a.m. on Monday, September 24, 2018, and resume no PC Agenda Page 9 Resolution No. 18- Downey Planning Commission Special Event Permit (PLN-18-00136) – 8141 De Palma Street September 19, 2018 - Page 4 earlier than 6:00 a.m. and be completed no later than 12:00 p.m. on Monday, September 24, 2018. 12.The generator is proposed to be located in the center of the carnival area; however, in no instance shall the generator be located less than of 25 feet from any property line. Additionally, the generator shall not exceed a noise level of 65 dBA, as measured from the nearest property line. 13.The Special Event area shall be cordoned off from vehicle traffic. 14.All necessary lighting shall be directed away from any residential uses nearby. 15.All Health Department approvals required for the sale or serving of food shall be obtained not less than two days before the start of the event. 16.The sale and consumption of alcoholic beverages shall be prohibited. 17.The Applicant shall ensure that patrons or event equipment (including temporary signage) does not block public sidewalks. 18.Hand held signs shall not be utilized on public or private property to advertise the event. 19.The owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. BUILDING & SAFETY 20.The applicant shall apply for building permits no later than Thursday, September 20, 2018. All inspections to be completed prior to the start of the event 21.All construction shall comply with the most recent adopted City and State building codes: 2016 California Building Code 2016 California Electrical Code 2016 California Mechanical Code 2016 California Plumbing Code 2016 California Fire Code 2016 California Green Code PC Agenda Page 10 Resolution No. 18- Downey Planning Commission Special Event Permit (PLN-18-00136) – 8141 De Palma Street September 19, 2018 - Page 5 22. Temporary structures that cover an area greater than 120 square feet and used for the gathering of 10 or more persons require permits. The construction documents shall include a site plan indicating the location of the temporary structure and information delineating the means of egress and the occupant load. The temporary structure(s) shall be located in accordance with the requirements of California Building Code Table 602 based on the fire-resistance rating of the exterior walls proposed type of construction (10 feet minimum from property line based on Type VB). 23. Temporary structures or facility shall meet the requirements of Chapter 11B of the California Building Code. The site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building or facility. FIRE DEPARTMENT 24. The applicant shall obtain a Special Event Permit from Fire Prevention Bureau, City of Downey Fire Department prior to the commencement of the carnival. 25. Event set-up including all rides, booths, generator, tents, fire protection, electrical, etc. shall be complete, in place, and ready for inspection by 5:00 p.m. on Thursday, Sept. 20th. [Note: If inspection is conducted after hours (or on the weekend) an additional inspection fee (4 hour minimum) will be applied as per city fee schedule]. 26. Fire apparatus access (e.g. fire lane) shall be maintained accessible at all times. Fire access lane width to the Ferris Wheel shall be provided with a 26 ft. fire lane as to accommodate aerial ladder truck access and set-up [CA Fire Code §503.2.1; D105.2] 27. Tents, canopies, and membrane structures having an area in excess of 400 square feet; or tents open on all sides having a size of 700 square feet or more; or aggregate area of multiple tents placed side by side without a fire break clearance of 12 feet and exceeding 700 square feet shall require a separate tent permit [CA Fire Code 3103.2]. 28. Tents shall comply with CA Fire Code, CA Code of Regulations, and State Fire Marshal for flame resistance standards of fabric [CA Fire Code § 3104.3; 3104.4; CCR Title 19 Division 1, §315(d); §335(a)] 29. Tents shall not be located within 20-feet of parked vehicles, open flame or heating devices, combustion engines, and buildings [CA Fire Code § 3104.7] 30. Generators shall not be located within 10-feet of lot (property line) and 20-feet of tents/membrane structures [CA Fire Code § 3104.19]. An approved barrier (e.g. fencing) shall be provided around generator. 31. SFM-tagged 4A-20BC rated extinguisher shall be provided at the generator as per NFPA 10 and CA Fire Code §906. 32. No cooking shall be conducted inside tents or canopies; cooking and heating equipment shall not be located within 10-feet of combustible materials [CA Fire Code § 3104.15.3] PC Agenda Page 11 Resolution No. 18- Downey Planning Commission Special Event Permit (PLN-18-00136) – 8141 De Palma Street September 19, 2018 - Page 6 33. The Applicant shall provide fire extinguishers on the subject property in accordance with California Fire Code. Areas where deep frying cooking operations are occurring shall be provided with a K-class fire extinguisher. All extinguishers shall be in good repair, serviced, and with CA SFM-tag affixed indicating required annual service complete. 34. The applicant shall maintain occupant load in all structures, buildings, tents, canopies as per California Fire Code, occupant load signs, where required, shall be conspicuously posted [CA Fire Code § 3104.14; §1004.3]. 35. All electrical cords shall be UL-listed and rated for heavy-duty, outdoor use and protected from physical damaged by cable bridges or other approved methods [CA Fire Code § 605.5]. 36. All amusement rides shall be permitted with State of California DIR-DOSH. All amusement rides shall comply with the requirements of CCR Title 8 – General Safety Orders and CA Labor Code. 37. Each amusement ride shall display the required State registration (identification & rating plate). At time of special event application, submit list of rides with their corresponding current annual permit to operate. POLICE 38. The owner/Applicant must provide (4) licensed security guards to provide security for the carnival, with two (2) Warren High School security guards patrolling the parking lots and school campus. In addition, two (2) Downey Police Department Officers will be on-site during peak carnival hours on Friday and Saturday from 7:00 p.m. to 11:00 p.m. and on Sunday from 7:00 p.m. to 10:00 p.m. 39. Carnival security officers shall be easily identifiable in brightly colored security shirts. The security shirts shall not resemble the shirt/uniform colors of Downey Police officers; they shall not be blue or black. All security guards shall wear shirts with “SECURITY” written in large white letters on the front back, and around arm sleeve bands. The security guards shall be unarmed. 40. The owner/applicant agrees that should there be an incident during non-peak hours that requires an extended police response, the school will be billed for the officer’s time responding to and handling the incident. PUBLIC WORKS/ENGINEERING 41. The carnival operator/applicant shall obtain all necessary plan approvals and permits prior to the commencement of the carnival. 42. All parking areas shall be swept clean after the event; there shall be no hosing down of the parking areas. 43. The owner/Applicant shall maintain the public right-of-way free from any trash and waste disposal and comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities PC Agenda Page 12 Resolution No. 18- Downey Planning Commission Special Event Permit (PLN-18-00136) – 8141 De Palma Street September 19, 2018 - Page 7 Stormwater Permit (GCASP) of the State Water Resources Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC). 44. Closure of public streets shall not be permitted at any time. 45. The owner/Applicant shall provide sufficient restroom facilities for patrons. 46. The Applicant shall provide adequate signage on the subject property to direct carnival guests to restrooms on the Warren High School site. 47. The parking area designated for the disabled must remain accessible at all times. PC Agenda Page 13