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HomeMy WebLinkAbout1978-02-07; City Council; 5093-1; Noise Problems (2)CITY OF CARLSBAD AGENDA BILL NO. 5093 Supplement No. 1 Initial ^ Dept.Hd. DATE- FEBRUARY 7, 1978 ^ 771=77 ; . ^ C. Atty.|/>^ DEPARTMENT: CITY MANAGER ^_ C. Mgr. Subject: NOISE PROBLEMS Statement of the Matter At a previous meeting, the City Council directed the staff to prepare a further report regarding boat noise problems at Agua Hedionda Lagoon. The attached report discusses methods of controlling boat noise at the lagoon as well as problems regarding construction noise. If the City Council desires to proceed with the purchase of sound level measuring equipment, an adequate device can be obtained for approximately $1,500. Funds are available in unappropriated reserves. Exhibits: Report to City Manager date;d January 26, 1978. Resolution Wo. SS dS^ authorizing Fund Transfer. Ordinance No. ^GffS Recommendation: If the Council desires to strengthen noise enforcement at the lagoon, the recommendations in the attached report should be approved and the fund transfer authorized. If the Council desires to establish limits Oi> the hours of con- struction, the Council may introduce the attached ordinance or may desire to hold a public hearing to receive public input on the need for adding such a provision to the Municipal Code. Council action 2-7-78 Resolution #5305 was adopted, authorizing fund transfer for purchase ofsound 1evelneasuring equipment. Staff was instructed to bring back a modified ordinance establishing limits on construction work. DATE: JANUARY 26, 1978 TO: CITY MANAGER FROM: Administrative Assistant SUBJECT: NOISE PROBLEMS The City Council, at its June 7, 1977 meeting, considered a staff report regarding noise problems in the City of Carlsbad. According to the minutes of that meeting "... it was the concensus of the Council that the staff prepare a further report regarding boats on Agua Hedionda Lagoon." City staff has subsequently investigated a number of alternative courses of action to control boat noise problems at the lagoon. The State Department of Navigation and Ocean Development has been consulted and has provided guidance and suggestions on handling boat noise problems. A number of local agencies which are con- fronted with boat noise problems were also consulted. In addition to a further report on boat noise problems the second part of this report deals with construction noise problCTis. Although this information was not specifically requested by the City council, the staff is bringing this issue before ^J*® Council at this time due to a continuing series of complaints that have been received concerning construction noise. On Julv 30. 1977 a noise measurement demonstration was conducted at Se lagoon Through the cooperation of the Noise Control Admini- Oration Sf the City of San Diego, some of the equipment and techniques used to measure noise from boats were demonstrated. After extensive investigation and discussion with other agencies tnvolvef S boat noisl problems, it appears ^hat the state noise standards for boats (Harbors and Navigation Code, Section 654 and l5r05)LrLing applied effectively in other jurisdictions to con;rol boat no?Ie!%he noise problem at Agua Hedionda Lagoon appears to be an enforcement problem. The City has been operating a patrol boat on the lagoon on a seasonal nart-tiL basis A reserve police officer has been hired to staff Se ^aSol boat and enforce state and local boating laws and rules. City has no sound level measuring equipment and consequently the Police Department has not been able to effectively enforce the noise standards in the Harbor and Navigation Code. NOISE PROBLEMS January 26, 1978 Page 2 It appears, based on the noise measurement demonstration on July 30, 1977 and from the experience of other agencies on their enforcement practices, that the use of sound measurement equipment is very effective in eliminating excessively noisy boats. In order to operate an effective enforcement program, it will be necessary to obtain adequate sound level measurement equipment and to train personnel in its use. Enforcement Alternatives As an alternative to the continued use of the Police Department to enforce boating safety and noise laws at the lagoon, the possibility of creating an enforcement function in another department was examined. The Harbors and Navigation Code in Section 663.5 provides that harbor policemen are empowered to enforce the provisions of the Code. The City of San Diego has created a harbor patrol to enforce the Harbors and Navigation Code on Mission Bay. Certain lifeguards have been designated as harbor policemen and have received 35 - 40 hours of training in the laws of arrest so that they can qualify as peace officers for the purpose of the Harbors and Navigation Code A harbor policeman regularly employed and paid as such by the City has the same authority as any other peace officer to stop and board vessels and issue citations in order to enforce the provisions of the Harbors and Navigation Code. Through this system, San Diego is able to enforce the Harbors and Navigation Code with Recreation Department personnel rather than the Police Department. At this point in time, due to the seasonal nature of the use of the lagoon, it does not appear feasible to create a special class of employee to enforce the Harbors and Navigation Code on the lagoon. If in the future full-time year around enforcement is needed at the lagoon, there may be advantages to creating such a position. Another method of enforcing noise standards at the lagoons would be through a permit system. A number of public agencies require boat owners to obtain a permit before using state waters under their jurisdiction. Under a permit system, a boat would be inspected and tested, if necessary, to see if it would comply with the state NOISE PROBLEMS January 26, 1978 Page 3 noise standards. Only boats with a valid City permit would be allowed on the lagoon. The landing operator would not allow any boat without a permit to be launched and would therefore indirectly assist in the enforcement of noise and safety standards. The inspection and permit issuance function however, would require a great number of man-hours to carry out the program effectively. Such a program would have to be staffed at convenient hours for boat users in order to not unduly restrict the use of the lagoon. Permits could be issued at the lagoon by the pat:rol officer during normal patrol hours. Permits could also be issued at an appropriate City office during normal business hours during the off season or when the patrol boat is not operating. If a question arose as to a boat meeting noise standards, however, it would be necessary to test the boat at the lagoon under conditions prescribed in the Harbors and Navigation Code. Such a test could be run by Recreation Division personnel properly trained in the use of sound level measuring equipment and testing procedures. Recreation Division personnel would not have the authority to stop boats and issue citations but could perform tests for the purpose of issuing permits. The permit system offers other advantages beyond just more effective noise control. As a condition for tihe issuance of a permit, a boat would be inspected to see that it was properly and safety equipped as required by state law. In addition, the boat owner could be required to prove that he had adequate liability insurance and would also agree to hold the City harmless as a condition of permit issuance which would reduce the City's exposure to liability claims. The final alternative evaluated for enforcing boat noise standards at the lagoon was the continued use of the seasonal patrol operation, The majority of complaints concerning excessive boat noise come during the peak use period during the summer. Although a few complaints are received at other times of the year, the boats creating the disturbance appear to use the lagoon during the summer period as well. By means of a more vigorous enforcement effort durina the summer season and the use of sound level measuring equipment to enforce the state boat noise standards, excessively noisy boats would be removed from the lagoon. NOISE PROBLEMS January 26, 1978 Page 4 As the growth of the City continues, the incidence of noise complaints of all types Will increase. While the City has had complaints about noise other than just from boats at the lagoon, a comprehensive noise enforcement prograun does not appear justified at tJiis point. However, the City should begin developing expertise in noise control. Although the Police Department initially receives most complaints about noise, not all of these complaints are "police problems" per se. Many of the problems directly relate to planning and zoning issues which should be handled by the Planning Department. The development of staff expertise on noise measurement and control in the Planning Department would be very useful. Construction Noise Complaints The City has received a number of complaints of noise from construction activities. Most of the complaints are due to construction activities during early morning and/or late evening hours and on Sundays- As building activity in the City has increased, especially in the La Costa area, the incidence of noise complaints has increased as well. The Building Department has attempted to seek the cooperation of builders in observing reasonable construction hours and has been able to obtain the cooperation of some builders. However, due to the nature of the business, many independent contractors and sub- contractors are involved and it is difficult for the Building Department to contact all those creating problems and to obtain their cooperation and voluntary compliance. Most disturbances occur during nonbusiness hours and many are handled by the Police Department. Since the City of Carlsbad has no ordinance regulating construction hours, the Police and Building Departments must rely on the voluntary compliance of builders to confine construction activities to reasonable hours. Although no statistical record exists to document the number of comolaints received regarding construction noise,^it appears that the'number and frequency of complaints is increasing. As construction activities continue, especially in the La Costa area, more complaints can be anticipated as infill occurs in partially developed neighbor- hoods. The builder-resident conflicts are likely to continue to occur in these areas until such areas are built out. NOISE PROBLEMS January 26, 1978 Page 5 A number of cities have established hours limiting construction as a means to reduce tne incidents of disturbances. In San Diego County, the cities of Oceanside, Chula Vista, and Escondido have adopted ordinances which establish the hours during which con- struction activities are permitted. These ordinances generally limit construction to daylight hours on weekdays and provide an exception for emergency repairs. These ordinances are enforced on a complaint basis and when a resident complains of a disturbance, the police or Building Departnxent can enforce the provisions of the ordinance. In the City of Carlsbad, since the majority of construction noise complaints are due to early morning and weekend disturbances, an ordinance similar to that dn use by the aforementioned cities should serve as an effective enforcement tool. A proposed draft ordinance is attached. Recommendations Boat Noise At The Lagoon In order to control the problem of excessively noisy boats on the lagoon, the following actions are recommended: 1 The City purchase adequate sound level measuring equipment in order to enforce the noise standards in the Harbors and Navigation Code. 2. Personnel in Police and Planning Departments be trained in the proper use of the equipment. 3 Include sufficient funds in the 1978-79 Budget to continue the Police Departinent lagoon patrol on a seasonal basis and during other high use times as required to control excessively noisy boats. Construction Noise If the Council desires to establish limits on the hours of con- sLuctionrthe Council may introduce the att:ached ordinance or mav desire to hold a public hearing to receive public input on ^e nIed lor aSdIng sSch a provision to the Municipal Code. FRANK N. MANNEN Administrative Assistant FNM:vm Att. 1 RESOLUTION NO. 5305 2 A RESOLUTION OF THE GIT^ COUNCIL OF THE CITY OF CARI.SBAD, CALIFORl'J^A, AUTHORIZING 3 THE TRT^SFER OF FUNDS FOR THE PURCHASE OF SOUND LEVEL MEASURING EQUIPMENT. 4 5 BE IT RESOLVED by the City Council of the City of Carlsbad 6 as follows: 7 1. That the transfer of one thousand five hundred dollars ^ ($1,500) for purchase of sound level measuring equipment from the ^ General Fund Unappropriated Reserve to the Planning Department 10 Equipment Account is hereby authorized and approved. 11 2. That Department of Finance Fund Transfer No. on 12 file in said department and incorporated by reference herein is 13 approved. 14 PASSED, APPROVED AND ADOPTED at a regular meeting of the 15 City Council on the 7th day of February , 1978 by 1^ the following vote, to wit: 17 AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler 18 NOES: None 19 ABSENT: None 20 21 gg ATTEST: OBERT C. FRAZEE 23 ^/ /^jf/^J^J^ /r. /^^^.^^y E. ADAMS,^City Clerk 24 (SETUJ) 25" 26 27 28 / ) .1 i K < a> "l5 < Ul z S < CO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1ft 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 8083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 01 CARLSBAD, CALIFORNIA, AMENDING TI^LE 8 OF THE CARLSBAD MUNICIPAL CODE BY^THE ADDITION OF CHAPTER 8.44 TO REGULATE CONSTRUCTION NOISE. The City council of the City of Carlsbad, Califomia^does ordain as follows: SECTION 1: That Title 8 of the Carlsbad Municipal Code is amended by the addition of Chapter read as follows: "Chapter 8.44 \ y v ; / NOISE / —/ Sections: 8.44.010 Limitation of hours for-constru|:tion. 8.44.020 Exceptions. j - 8 44 oio Limitation ci= hours for construction.^ The erecti^S:'d;^lx^^^^^^ ^^e^^^^e^en , ^^^1^^^^^ -^^^^^ hereinaf^r provided, is a violation of this code. ; i « lv,+.4««e The citv Manager may grant exceptions 8.44.020 Exceptions. The ^ followina circum-to section 8.48.010 by issuing a permit in the following circ stances: \^ \^ / (1) When '^ergency repairs] are ijfequired to protect the 4^ealth U safety °« ??^|ones%^^^ih^re are no inhabited ooS Ieet of ?Se bSiiding or structure being . frI^itSr^4J-a!°lif^^^^^^^^^ or the exterior boundaries of the site beiStcKgraded or excavateq. EFFECTIVE DATE^This ordinanU shall be effective thirty aays after its adoption, and'the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Joumal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the 1978 carlsbad City Council held on the ^day of_ > 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the_ ^day of . 1978, by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) \ ) ROBERT C. FRAZEE,/Mayor J I } 2.