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.
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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
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