Loading...
06-11-1973 - Special 2 Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JUNE 11, 1973. The adjourned regular meeting of the City Council called to order at 7 P.M., in the West Covina Council Chambers by Mayor James Lloyd. ROLL CALL • Present: Mayor Lloyd; Councilmen: Shearer, Chappell Councilman Young (Arrived a few minutes late) Councilman Nichols (Arrived at 7:20 P.M.) Others Present: Lela Preston, City Clerk George Aiassa, City Manager George Zimmerman, Public Service Director Ray Diaz, Ass't. Planning Director William Fowler, Dir. of Building & Safety John Lippitt, Acting City Engineer NOISE DEMONSTRATION Mayor Lloyd immediately adjourned meeting to CITY HALL PARKING the City Hall Parking Lot for the Noise LOT Demonstration abatement equipment. At 7:23 P.M. Council reconvened to Council Chambers with all Councilmen in attendance. Mayor Lloyd asked for Council comments with regard to the demonstration. Councilman Shearer: Mr. Mayor - I think the demonstration we observed proved to me that the Noise Ordinance we.have seen is much the same as the Service Station Ordinance we saw last time - too restrictive. For that reason it would seem to me it needs considerable working. I am in favor of the intent of the Ordinance but when we write into an Ordinance something as restrictive that the normal conversation on a quiet summer evening at the property line could resolve in a citation, then I think it is much too restrictive and I don't think that is what any of us went out after when we started thinking of a Noise Ordinance. I think the Ordinance needs a lot of soul searching. Councilman Chappell: In answer to Councilman Shearer's comments, we are perhaps going about this in the wrong direction then, because sound levels have been established that are acceptable and above that would be unacceptable. So then what we would have to do is ask staff to dig out this material from the environmental booklet to establish whatever decibels are being used as acceptable and over that would be unacceptable, such as this 5.+ we heard about here. That would be the only thing I could inject into it at this time. Councilman Young: I would like to thank the people that put on the demonstration. I think it is somewhat like the Service Station Ordinance and other Ordinances that come along - the Sign Ordinance. The question is are we responding to the demands of our community or are we sitting here and saying this is something that would make this a better community? • The fact that I am elected to the City Council I don't think makes me any wiser than I was before or less wise necessarily. It concerns me if we are going to go out and start measuring sound levels and I think the effective use of this type of equipment would be in response to a citizen's complaint where the officer himself could become the participant to whatever disturbance was alleged relating to noise. The Ordinance in itself I think is covered already and I would invite Mr. Wakefield's opinion on that. Noise disturbs people's peace and quiet and we have a section in the Penal Code that covers this. - 1 - CITY COUNCIL ADJ. MEETING Page Two NOISE DEMONSTRATION - Cont'd 6/11/73 Section 415 and if this would be an added enforcement• tool I would be in favor of it but I am against additional legislation if it is already properly covered by the Penal Code and perhaps it is. I would think Mi. Wakefield's opinion would be far more valuable than mine. • Mr. Wakefield: Mr. Mayor and members of the City Council, as you are aware the Police Department has been using the provisions of the Penal Code as an enforcement tool to control excessive noises. It has its limitations obviously simply because there is no objective standard set for determining whether or not a particula.i sound or noise does constitute a public nuisance. It depends primarily upon the observation of the particular officer and his own sensitivity. It can be used, it is being used, the only advantage that the Ordinance has is it establishes certain maximum sound levels for particular kinds of sounds and provide: a more objective standard for evaluating the sound effect upon neighbor: and others that might be disturbed by it. Mayor Lloyd: Thank you, Mr. Wakefield. In view of some of the comments made perhaps we can have a motion to return it to staff to incorporate some of the comments made this evening by the Council. So moved by Councilman Shearer, seconded by Councilman Young and carried. ADJOURNMENT • ATTEST: CITY CLERK • Motion by Councilman Shearer, seconded by Councilman Young and carried, to adjourn the special meeting at 7:32 P.M. APPROVED: MAYOR - 2 -