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Legal Review Committee Agenda and Packet 2017 08 31
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Legal Review Committee Agenda and Packet 2017 08 31
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LCPKT 2017 08 31
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City Council Legal Review Committee <br />May 11,2017 <br />Page 3 of 4 <br />Director Zuccaro stated that currently much of the noise downtown is from indoor <br />noise which is not regulated through the Special Review Use process. <br />City Attorney Light stated none of the current SRUs address decibel levels, just <br />hours for outdoor music. <br />Councilmember Loo stated she is not sure we need decibel levels; maybe we <br />should try an incremental approach. Let the police continue their approach for <br />now. This ordinance is too harsh; let's try policing first. <br />Councilmember Leh noted that most of the comments that were received are <br />against the ordinance as proposed. He asked if this is a solution in search of a <br />problem, is this overregulating. We don't have that many complaints; the officers <br />should be given a chance to use their negotiating skills and that will help better <br />maintain relationships. This ordinance gives one complainant a great deal of <br />power over businesses and would require a ticket even if the complaint is only <br />from one person. <br />Councilmember Leh stated maybe there is underreporting as they assume the <br />police won't respond. A better police approach could solve that. He added this is <br />very likely a good use of the reasonable person standard not a more stringent <br />rule. <br />Mary Ann Heany, stated she would like the proposed decibel levels to be lower. <br />What residents have issue with is the larger events, not the businesses. <br />Patrick Walsh, stated the existing ambient noise level is already 70-80 decibels. <br />He would prefer a common sense approach to a decibel level. He stated there <br />shouldn't be comparisons between the business regular process and with special <br />events. <br />Councilmember Leh noted staff seems to have dealt with the issue at Community <br />Park already. We need to allow the police some discretion in how to handle <br />complaints. He likes the plan to allow PD to use their negotiating skills when <br />there is a problem. As written, the ordinance could really damage the downtown <br />business community and there seems to be a way to resolve this without an <br />ordinance. At this point, he wouldn't recommend changes. <br />Councilmember Loo agreed. Maybe wait a year and see how it is working. <br />Mayor Pro Tem Lipton stated this is a solution in search of a problem. <br />Councilmember Leh moved the committee make a recommendation to Council to <br />take no further action and use current ordinance; the Council can revaluate if <br />needed. Councilmember Loo seconded, all in favor. <br />4 <br />
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