SR 12-15-2020 13H 13.H
December 15, 2020
Council Meeting: December 15, 2020 Santa Monica, California
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CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records & Elections Services
Department
Date: December 15, 2020
13.H Request by Councilmembers Brock and Parra that Council direct staff to
review options and return with a proposed amendment to the City’s Noise
Ordinance, or other City ordinances, to reduce prolonged noise from
protest activities in residential neighborhoods while still upholding First
Amendment rights.
13.H
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Vernice Hankins
From:Sassy Sally <sassyemail@aol.com>
Sent:Monday, December 14, 2020 3:41 PM
To:councilmtgitems
Subject:SUPPORTIVE OF NEW NOISE LAWS
EXTERNAL
Having been harassed for a week with bullhorns, whistles, yelling obscenities, I am 100% in support of
strengthening the city noise ordinance.
What we experienced last week was madness.
I am very supportive of the police & understand how they had their hands tied - when i called they appeared & I felt
much safer with them on the street even though the law did not allow them to take any action unless the protesters broke
the law.
Thank you for getting into this.
sally stiner
2508 32nd street
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Vernice Hankins
From:toshiko mccallum <toshikomc@msn.com>
Sent:Monday, December 14, 2020 4:15 PM
To:councilmtgitems
Subject:Neighborhood noise
EXTERNAL
To whom it may concern,
I live at 32nd St. close to Pico for a few decades. Although I live in this big urban area, My house has been very quiet and
peaceful.
However, there have been very noisy gatherings at the corner of Pearl and 32nd St for last few weeks. Amazingly they
marched along the 32nd St., shouting and banging around 10 pm. This is a residential neighborhood. I want to some
control for this type of noisy gatherings.
Thank you.
Toshiko McCallum
Sent from my iPhone
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Vernice Hankins
From:zinajosephs@aol.com
Sent:Tuesday, December 15, 2020 1:16 PM
To:councilmtgitems; Gleam Davis; Phil Brock; Oscar de la Torre; Sue Himmelrich; Kristin McCowan;
Councilmember Kevin McKeown; Christine Parra
Cc:zinajosephs@aol.com
Subject:City Council 12/15/20 agenda item 13-H -- Amend City's Noise Ordinance
EXTERNAL
December 15, 2020
To: Mayor Himmelrich and City Council members
From: Zina Josephs
RE: 12/15/20 agenda item 13-H -- Amend City's Noise Ordinance
Speaking only for myself, I support amending the City's Noise Ordinance.
Friends of Sunset Park has received email from residents who live near Supervisor Sheila Kuehl, complaining about the
tremendous noise created by protesters gathering outside the Supervisor's home, as well as the protesters shining lights
into homes.
At our FOSP meeting on December 14, former FOSP Board member Jennifer Polhemus, who lives two doors from the
Supervisor, described protest noise both morning and evening, with people banging on pots and pans, honking car horns,
and using bullhorns.
Jennifer commented that the sustained extremely loud noise from the bullhorns was the worst, making it almost
impossible for her son to study for college final exams.
I urge the Council to amend the noise ordinance regarding residential neighborhoods, so that residents can enjoy the
quiet of their homes, especially at a time when everyone is being strongly encouraged to stay home!
Below is some of the press coverage about the ongoing protests, which continued this past weekend, at Supervisor
Kuehl's home:
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“Restaurant owners, supporters surround home of L.A. County Supervisor who dined out after voting to
ban outdoor dining”
12/5/20 -- KTLA
https://ktla.com/?s=Restaurant+owners%2C+supporters+surround+home+of+L.A.+County+Supervisor+who+d
ined+out+after+voting+to+ban+outdoor+dining&submit=Search
“A few dozen restaurant owners and their supporters converged outside the Santa Monica home of Los Angeles
County Supervisor Sheila Kuehl on Saturday to express their frustrations with the latest restaurant outdoor
dining shutdowns. Carrying signs and chanting “let us work!” the group of demonstrators surrounded Kuehl’s
home demanding to be allowed back to work….”
“She Couldn’t Open for Outdoor Dining. The Film Crew Next Door Could”
12/5/20 – New York Times
https://www.nytimes.com/2020/12/05/us/outdoor-dining-la-protest.html
“Ms. Marsden had already organized a protest against the outdoor dining ban before discovering the film tents.
On Saturday, she and others gathered outside County Supervisor Sheila Kuehl’s house, saying the government’s
uneven application of the rules was crushing small businesses….”
“Protesters Gather at Home of L.A. County Supervisor Kuehl”
12/6/20 – ABC 7
https://abc7.com/society/protesters-gather-at-home-of-la-county-supervisor-kuehl/8553015/
“Restaurant and bar owners gathered outside the home of Los Angeles County Supervisor Sheila Kuehl in Santa
Monica Saturday afternoon to protest the closure of outdoor dining across the county. The protest came after
some controversy erupted earlier in the week when Kuehl was seen dining outside at a restaurant just hours after
voting to eliminate outdoor dining….”
“Los Angeles protest of dining ban targets County Supervisor who voted for it”
12/6/20 – Fox News
https://www.foxnews.com/politics/los-angeles-protest-of-dining-ban-targets-county-supervisor-who-voted-for-it
“Demonstrators outside Kuehl’s home included Angela Marsden, owner of a bar and restaurant in the city’s
Sherman Oaks neighborhood….”
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Vernice Hankins
From:Kathy Seal <kathyseal@gmail.com>
Sent:Tuesday, December 15, 2020 1:43 PM
To:councilmtgitems
Subject:Comment on agenda item 13-H
EXTERNAL
Dear Council Members,
To help proprivacy, Miprevented download from the In
I live on 32nd st. I am a strong supporter of first amendment rights,
and of the businesses and their workers struggling to survive during
the pandemic.
But the group disturbing the peace in our neighborhood with nightly
gatherings for more than a week has been going beyond normal
civil behavior. I believe that shining lights in neighbors' windows is
not a protest, and blowing loud whistles and shouting so loud over
a bullhorn that the noise goes all the way down the block isn't a
protest either. It's harassment and bullying.
This group targeted in particular one neighbor who is an elected
official, a neighbor of 35 years who has worked hard and in very
good faith as a public servant. I object to this group harassing and
bullying her, but they also targeted all of us.
I won't even mention the names they called or the threats they
threw at neighbors who came outside or were passing by.
Besides making some rooms of some houses on our block
uninhabitable for hours at a time, this noise and light kept awake
and terrorized young children on the block. Can you imagine --
parents already stressed by the pandemic, and they can't get their
kids to sleep? One of my neighbors is six. He's a cheerful, outgoing
and sweet little boy.I'd never before seen him with such a stricken,
frightened face as I saw during these protests.
I want to thank the SM police, the city attorney, city manager and
city council people who came out to monitor these disturbances.
But we need more. We need an ordinance that will not permit this
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kind of harassment and bullying and disturbing of the peace to take
place in our neighborhoods.
Kathy Seal
2431 32nd St.
‐‐
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Kathy Seal
310‐452‐2769
Coauthor, Pressured Parents, Stressed‐out Kids: Dealing With Competition While Raising a
Successful Child and Motivated Minds: Raising Children to Love Learning
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Vernice Hankins
From:Council Mailbox
Sent:Tuesday, December 15, 2020 2:00 PM
To:councilmtgitems
Subject:FW: Discussion Item 13.H for December 15th 2020 Council Meeting
From: Heather <heather.jennifer.cohen@gmail.com>
Sent: Monday, December 14, 2020 9:14 PM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Phil Brock
<Phil.Brock@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Councilmember Kevin McKeown
<Kevin.McKeown@SMGOV.NET>; Sue Himmelrich <Sue.Himmelrich@SMGOV.NET>; Kristin McCowan
<Kristin.McCowan@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>
Subject: Discussion Item 13.H for December 15th 2020 Council Meeting
EXTERNAL
Dear Council Members,
The First Amendment of the US Constitution provides our right as the People to assemble and express our
opinions through protest. Over the summer Santa Monica experienced a large protest. However, that protest
does not warrant additional ordinances and increased policing. Especially at a time when the national focus
has been on the institutional problems the police uphold, dedicating more resources to repression instead of to
community resources is self defeating.
I disagree strongly the proposed discussion item for the 12/15/2020 City Council Meeting item 13.H to enact a
city ordinance focused specifically on noise generated by protests.
The City of Santa Monica already has Municipal Code 4.12.060 “Exterior noise standards”. There is no need to
specifically target protests. Doing so is a dangerous way to restrict our rights to assemble while gaining political
points with our neighbors in Sunset Park. The right to assemble and protest is far far more important than the
minor inconveniences they create and trying to limit the constitutional rights of your constituency will only result
in far far more noise. It's almost like protesting isn't the problem? Maybe look into what people are protesting.
Like rampant income inequality. And what this city does to either enable or diminish those problems.
As a Santa Monica resident, I ask that any conversation about a potential ordinance quickly leads to dismissing
any ideas of attempting to limit the right to assemble.
Furthermore I am deeply offended by items 13.F and 13.G. I see they have been removed by the requestors
but this severely damages what little respect I had for their nominators, Brock and Parra. What sort of
unconstitutional nutjob moves to have prayers before each meeting of the community council? Genuinely, what
the fuck? Wishing to honor the great diversity of religious institutions in the city sounds great on paper but
forced prayer in government is beyond the pale. These meetings are scheduled at times tricky for anyone who
works for a living to attend already. Seriously, 4:30pm on a Tuesday? Further antagonizing the public by
foisting unasked for, irrelevant, and offensive religious pratter will only length meetings and lower attendance.
Even in our little city, people are paying attention. Do better.
Thank You,
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Heather Cohen
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Vernice Hankins
From:Council Mailbox
Sent:Tuesday, December 15, 2020 2:00 PM
To:councilmtgitems
Subject:FW: Discussion Item 13.H for December 15th 2020 Council Meeting
From: Scott Wolfe <scott.a.wolfe@gmail.com>
Sent: Monday, December 14, 2020 8:55 PM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Phil Brock
<Phil.Brock@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Councilmember Kevin McKeown
<Kevin.McKeown@SMGOV.NET>; Sue Himmelrich <Sue.Himmelrich@SMGOV.NET>; Kristin McCowan
<Kristin.McCowan@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>
Subject: Discussion Item 13.H for December 15th 2020 Council Meeting
EXTERNAL
Dear Council Members,
The First Amendment of the US Constitution provides our right as the People to assemble and express our
opinions through protest. Over the summer Santa Monica experienced a large protest. However, that protest
does not warrant additional ordinances and increased policing.
And while I disagree with what the smaller and more recent protests have been expressing recently in Sunset
Park, I disagree more with the proposed discussion item for the 12/15/2020 City Council Meeting item 13.H to
enact a city ordinance focused specifically on noise generated by protests.
The City of Santa Monica already has Municipal Code 4.12.060 “Exterior noise standards”. There is no need to
specifically target protests. Doing so is a dangerous way to restrict our rights to assemble while gaining political
points with our neighbors in Sunset Park.
As a Santa Monica resident, I ask that any conversation about a potential ordinance quickly leads to dismissing
any ideas of attempting to limit the right to assemble.
Thank You,
Scott Wolfe
Item 13.H
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Vernice Hankins
From:Council Mailbox
Sent:Tuesday, December 15, 2020 2:01 PM
To:Sue Himmelrich; Kristin McCowan; Gleam Davis; Councilmember Kevin McKeown; Oscar de la Torre;
Phil Brock; Christine Parra
Cc:councilmtgitems
Subject:FW: Item 13H
Council‐
Please see the below email regarding Item 13H on tonight’s agenda.
Thank you,
Stephanie
From: Mitch Dorf <dorf.mitch@gmail.com>
Sent: Tuesday, December 15, 2020 12:08 AM
To: Council Mailbox <Council.Mailbox@SMGOV.NET>
Subject: Item 13H
EXTERNAL
Dear City Council Members,
I am a resident on 32nd street between Pearl and Ocean Park. Last week we had protests and disturbances in front of
Sheila Kuel's house on the corner of 32ns and Pearl. I am in full support of protests and have participated in many.
However, this protest group marched up and down 32nd street with a bull horn and banging on items just to cause a
disturbance. While I might not have young kids anymore in the house, there are many new neighbors that do and
causing this kind noise at a late hour is unjustified. I spoke with the officers and the city attorney and both said there
was nothing they could do since the group was moving and that the noise at one singular point did not exceed ‐60db for
a continuous 5 minutes. This group was not a plane flying over head or a commercial vehicle traversing the street, they
were executing their right to protest, which I support, but had the intent to insight with their volume people to come
out and angrily approach and confront them.
This is not right and is a detriment to my neighborhood and our city. I urge you to find a way to allow justified and
meaningful protests without disturbing the peaceful neighborhood communities in our city,
Thank you,
Mitch Dorf
2633 32nd Street
Santa monica, CA 90495
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Vernice Hankins
From:ELIZABETH KONO <emkono@verizon.net>
Sent:Tuesday, December 15, 2020 2:02 PM
To:councilmtgitems
Subject:Protest/Disturbance at 32nd & Pearl
EXTERNAL
On Saturday, 12/5, the demonstrations began across the street from Sheila Kuehl’s home. Around 7:30 pm I walked
toward Pearl to check it out since I’m four houses away on 32nd St. A car full of people was parked nearby. A woman in
the passenger’s seat yelled to me to take my mask off. Then she started yelling about the Chinese virus, that it was from
Wuhan, etc. Sunday afternoon, while I was walking my dog, the protesters were there blocking the sidewalk, without
wearing masks. A man was shouting into a bullhorn that wearing masks is dangerous & to not wear masks,etc. In order
to walk my dog I had to walk far onto a neighbor’s lawn to avoid the maskless group. The group with the bullhorn & loud
whistle continued through the rest of the week, until the following Friday, starting at 8:00 ‐ 10:00 pm. Small children live
in close proximity to the noise which must have been disturbing. The only way I could shut out the noise was to close the
windows & blast the TV.
Although I strongly support the right of free speech, & the right to protest, our neighborhoods have the right to be free
from harassment & public disturbances.
Thank you for your consideration of my request.
Elizabeth Kono
Resident
Sent from my iPhone
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