By Robert Canning
Almost a year ago, City of Davis staff attempted to slip a change to the City’s sound ordinance through the city council with little discussion and no commission input. The proposal was pulled back by staff after questions immediately arose about the intent and substance of the change, and how they related to a controversial (and noisy) piece of playground equipment in Arroyo Park.
Now, the staff are bringing a new proposal to the Recreation and Park Commission and asking the commission to review the report of a sound consultant and give “feedback” on new locations for the Sky Track equipment based on the staff report and a survey of Davis residents who live within 1,000 feet of the equipment. The staff report quotes at length from and discusses the sound consultant’s report. But basically, the sound consultant parrots the line from a year ago that the city should use the average of sound over time rather than the maximum allowable sound as the basis to evaluate whether the Sky Track produces is too noisy.
It is puzzling why the consultants continue to use the Leq metric since that does not appear anywhere in the Davis Municipal Code section on sound (Sec. 24.020). In fact the ordinance specifically states that “Noise Level means the maximum continuous sound level or repetitive peak level produced by a sound source or group of sources…” It’s unclear why the staff report states on page 2 of the report that the consultants “determine that the “City Standard is a Leq”. Isn’t it the city’s job to tell the consultants what the code says? We shouldn’t be asking noise consultants to give a legal interpretation of the city code – to the city. And there is no timeframe referenced in the city code, which would be required if an average measurement is to be used. A change in the language of the ordinance regarding maximum allowable sound levels, as has been pointed out before, has ramifications beyond the issue of Arroyo Park and are akin to last year’s fiasco should not be contemplated without more public input.












