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SR 09-14-2021 13E 13.E September 14, 2021 Council Meeting: September 14, 2021 Santa Monica, California 1 of 1 CITY CLERK’S OFFICE - MEMORANDUM To: Mayor and City Council From: Denise Anderson-Warren, City Clerk, Records & Elections Services Department Date: September 14, 2021 13.E Request of Councilmembers Brock and Negrete that Council direct the City Manager to return with a proposal for additional time and place restrictions on amplified sound, whether from loudspeakers or amplifiers, in Santa Monica Parks. 13.E Packet Pg. 242 1 Vernice Hankins From:Council Mailbox Sent:Tuesday, September 14, 2021 10:11 AM To:councilmtgitems Subject:FW: The council passing an ordinance to control noise in our public parks, specifically Ocean View Park From: Jack Neworth <jackdailypress@aol.com> Sent: Tuesday, September 14, 2021 2:51 AM To: Council Mailbox <Council.Mailbox@SMGOV.NET> Subject: re: The council passing an ordinance to control noise in our public parks, specifically Ocean View Park EXTERNAL Dear City Council, I have lived at the Shores in Santa Monica for 47 years (and been a columnist with the Santa Monica Daily Press for 15 years). I'm writing about the horrific noise (via amplified music) in Ocean View Park that seems to occur every weekend. I would defy any of you to have your peace and quiet so thoroughly destroyed for hour after hour with seemingly no control. Especially for residents of the S. Tower and even residents of Sea Colony I and II it is an assault upon their quality of life. It's time you do something! Jack Neworth, 2700 Neilson Way #322 Item 13.E 09/14/21 1 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 243 Attachment: Written Comments (4760 : Restrictions on amplified sound) 1 Vernice Hankins From:Council Mailbox Sent:Tuesday, September 14, 2021 10:11 AM To:councilmtgitems Subject:FW: NOise complaints around the Shores, 2700 and 2800 Nielson way From: cathykarolc <cathykarolc@aol.com> Sent: Monday, September 13, 2021 11:15 PM To: Council Mailbox <Council.Mailbox@SMGOV.NET> Subject: NOise complaints around the Shores, 2700 and 2800 Nielson way EXTERNAL we have so much noise. I am in 2700 and the Victorian bar and lounge blast music loudly at night over the weekend and we hear it until 2am, and it attracts people hanging around outside as it is a party atmosphere and there continues to be yelling and music from radios/phones all through the night. the dumpster's along the alley between Main and Nielson way has garbage pickers looking for glass bottles and cans all through the night rummaging and making loud glass against glass noises. Nielson way is a speedway with loud beefed up engines and motorcycles speeding down the street. Many do not STOP at the light on Nielson Way between Hill and Ocean Park. Cannot wait to get Speed humps added like farther down for Pacific Ave. Will really help and hopefully people will see the stoplights, wow, it is scary leaving our driveway at 2700 Nielson way. I never trust the cars to stop at the light. the south tower, 2800, has the noise from bands playing in the park, cars parking late at night on Barnard way and partying and playing music, in the very wee hours. It is total noise pollution around here. thanks for any help with these matters. Cathy Karol-Crowther apt 231 2700 Nielson way, santa monica 90405 Item 13.E 09/14/21 2 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 244 Attachment: Written Comments (4760 : Restrictions on amplified sound) 1 Vernice Hankins From:Bradley Ewing <bradleywewing@gmail.com> Sent:Tuesday, September 14, 2021 1:14 PM To:councilmtgitems Subject:Concern with 13E EXTERNAL Council, It has been a tough and challenging year for all of us, but my neighbors, my friends and I have found relief by heading out to our parks and beaches to listen to various local musicians who have come out to share their craft with the public. Our public spaces have been enhanced this past year with local jazz bands, classical violinists, DJs, panists, singers and more! I am concerned that this measure will crush our city's vibrant and organic musical scene; loudspeakers allow musicians to play to a larger area, allowing onlookers and listeners to safely socially distance themselves. Moreover, the proposers of this initiative have failed to provide any documentation in their proposal on why or how the current noise ordinance is insufficient. Our resident musicians should be able to make full use of our public spaces, and the current noise ordinance sets reasonable, objective guidelines for when and how loudly they can play. Best, Brad Ewing Wilmont Item 13.E 09/14/21 3 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 245 Attachment: Written Comments (4760 : Restrictions on amplified sound) 1 Vernice Hankins From:Council Mailbox Sent:Tuesday, September 14, 2021 1:58 PM To:councilmtgitems Subject:FW: Amplified Music at Ocean View Park, for Session 13E From: kaydevonshir@verizon.net <kaydevonshir@verizon.net> Sent: Tuesday, September 14, 2021 11:31 AM To: Council Mailbox <Council.Mailbox@SMGOV.NET> Cc: Phil Brock <Phil.Brock@SMGOV.NET>; albieselznick@gmail.com Subject: Amplified Music at Ocean View Park, for Session 13E EXTERNAL Dear Council Members, I am an elderly widow, who lives only yards away from the hill at Ocean View Park. Since Jan. 16th, I have been blasted by the loud speakers from the 4-piece band, sited near Barnard Way as well as very badly on July 25th when the volume increased with a man who played recorded music from 10 loud speakers. On Monday evening, Aug. 2nd, a new recording group with five loud speakers loud speaker suddenly started playing below the hill at Ocean View Park. There were two tall men and a woman. They played nonstop until 7:30 pm. Talk about disturbing my peace and comfort! The 4-piece band usually begins playing about 2:30 pm. They take breaks after about an hour. They skipped last Sunday, probably because the 10K and the 5K runs started from 2600 Barnard Way. The music disturbs me badly and it hurts my ears. My tinnitus gets worse. We also have exercise groups that use the park in the daytime who use loud speakers to convey a rapid drumbeat. All of this amplification comes through my windows and doors, and I can’t turn it off. I have to leave my apartment and I can't always do that. Please stop this loud, disturbing amplified music just yards from my windows and balconies. Sincerely yours, Kay Devonshire 2800 Neilson Way, #402 Item 13.E 09/14/21 4 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 246 Attachment: Written Comments (4760 : Restrictions on amplified sound) 2 Vernice Hankins From:Council Mailbox Sent:Tuesday, September 14, 2021 1:57 PM To:councilmtgitems Subject:FW: 13E: Amplified Music and Hours in City Parks Ocean View Park From: Marc Cavanaugh <surfer24@verizon.net> Sent: Tuesday, September 14, 2021 12:32 PM To: Council Mailbox <Council.Mailbox@SMGOV.NET> Subject: 13E: Amplified Music and Hours in City Parks Ocean View Park EXTERNAL Santa Monica City Council The amplified music in Ocean View Park and from the ‘tailgate DJs’ in Parking Lot 5 South, west of OVPark, is horrendous and out of control. I lived for over 4 decades in an apt house on Speedway in Venice Beach, so when I say the noise at The Shores courtyard apartments from OVPark and Lot 5 South, is an assault, that is saying something. The location of the ‘jazz’ band is for collecting donations and the speaker direction is dictated by the band location at the Ashland Avenue extension in OVPark. This year I was unable to participate via FaceTime for Seder with my east coast blended family due to the pumped up racket from OVPark. The time difference precludes even having a phone conversation due to the amplified assault. I call the OVPark area Venice Beach North. Loud, aggressive, attractive to troublemakers and the entitled‐ a free for all mess. Item 13.E 09/14/21 5 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 247 Attachment: Written Comments (4760 : Restrictions on amplified sound) 3 Thank you for considering the hours, volume and pandering in city parks and parking lots. Marc Cavanaugh 2700 Neilson Way Apt 1132 Santa Monica, CA 90405‐4018 Item 13.E 09/14/21 6 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 248 Attachment: Written Comments (4760 : Restrictions on amplified sound) 1 Vernice Hankins From:Council Mailbox Sent:Tuesday, September 14, 2021 1:58 PM To:councilmtgitems Subject:FW: the loud band playing on weekends ‐‐‐‐‐Original Message‐‐‐‐‐ From: Grace Gabe <gracepgabe@gmail.com> Sent: Monday, September 13, 2021 10:40 PM To: Council Mailbox <Council.Mailbox@SMGOV.NET> Cc: Nancy Deville <nancy@nancydeville.com>; carole Aragon <csh.aragon@verizon.net>; Louise Keoghan <louisekeoghan@icloud.com>; Kathleen Unger <Kathleen@ksmuconsulting.com>; Joanne Cohen <joanne@candm.com> Subject: the loud band playing on weekends EXTERNAL dear council i’ve lived at sea colony for 30 years in peace and quiet never imagining that a noisy weekend band would be allowed to destroy the environment . the bands have invaded the restful atmosphere with the beating of drums and endless saxophone noise by repeating sounds that drive a resident crazy . we need you to protect us from this invasion of privacy . why must we be forced to swelter by having to close our windows. if a neighbor does this, we call the police. how can our city allow a group of traveling musicians to have the right to make money by blaring unwanted sound affecting all of us who reside here? this is park is not a licensed concert hall. please stop this lawless way to make money and run a business that is unlicensed. thank you. grace gabe Sent from my iPhone Item 13.E 09/14/21 7 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 249 Attachment: Written Comments (4760 : Restrictions on amplified sound) 1 Vernice Hankins From:Council Mailbox Sent:Tuesday, September 14, 2021 1:59 PM To:councilmtgitems Subject:FW: 13 E - Stop amplified music in Ocean View Park ‐‐‐‐‐Original Message‐‐‐‐‐ From: RobinSherry <robin.sherry@gmail.com> Sent: Monday, September 13, 2021 8:32 PM To: Council Mailbox <Council.Mailbox@SMGOV.NET> Subject: 13 E ‐ Stop amplified music in Ocean View Park EXTERNAL Good evening Council, Mayor Himmelrich, I am tired of being tired of writing and complaining about outsiders blasting repetitive blaring music into my unit. I’m on Neilson Way. Really noise bounces off these buildings. I just happen to be in their line of fire. I only literally sleep a few hours a night so on the weekend after the farmers market I try and sleep. I have to close my window put on my fan and shut the living room and bedroom doors. I really feel I shouldn’t have to go to this much trouble for a nap. I believe this band should move North near Perry’s. They would get a even bigger crowd and more $$. (Do they have a SM Business License?) I know Shores and Sea Colony residents would be grateful if you would change the ordinance on amplified music. OVP sits much too close to residents for amplification of any kind. We don’t want anyone else showing up either! I appreciate your time in this matter. Robin Sherry 2800 Neilson Way Santa Monica Sent from my iPad Item 13.E 09/14/21 8 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 250 Attachment: Written Comments (4760 : Restrictions on amplified sound) For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! Item 13.E 09/14/21 9 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 251 Attachment: Written Comments (4760 : Restrictions From:Council Mailbox To:councilmtgitems Subject:FW: 13E - Re: Stop Loud Amplified Music in Santa Monica (OCEAN VIEW PARK) Date:Tuesday, September 14, 2021 1:58:28 PM From: Ellen K Goldwasser <ekgoldwasser@me.com> Sent: Monday, September 13, 2021 7:26 PM To: Council Mailbox <Council.Mailbox@SMGOV.NET> Cc: Owen Ingram <OwenIngram1@gmail.com>; Kaysie Kent <kaysiekent@gmail.com>; Robin Sherry <robin.sherry@gmail.com>; Susie Spain <susiepinkjewel@gmail.com> Subject: 13E - Re: Stop Loud Amplified Music in Santa Monica (OCEAN VIEW PARK) EXTERNAL Hello Santa Monica City Council, For 13E, I strongly urge for the council to change the regulations on amplified music in parks in Santa Monica. I have been writing the council and a plethora of Santa Monica city government offices since 2020 about the complete disregard for the residents' psychological welfare who are living in the community I reside in - The Shores which sits on Ocean View Park. On weekends we have a jazz band that plays relentlessly for at least four hours each day - sometimes more. We have also been plagued by several exercise groups who play bombastic music which carries up to our units…Several times a week, folks playing basketball also jam out to their amplified music of choice with extremely loud bass. There are also groups who convene at the parking lot across from Ocean View Park and blast music from speakers which carry into our community as well. Many of us are at our wits ends…it’s time to end this accosting on our mental well-being. Please pass a law ending amplified music in the parks near residences. Pacific Palisades has done this. There’s been enough time that has passed for this to stop and for the city council to honor the right for peace for Santa Monica residents. Thank you! Ellen Goldwasser 2800 Neilson Way Santa Monica, CA 90405 On May 28, 2021, at 2:35 AM, Ellen K Goldwasser <ekgoldwasser@me.com> wrote: Hello Mr. Cardona, I’m forwarding you an email that I sent a couple of days ago to the council and other SM officials, and following up with them as well since I have not heard back from them. I’m also copying two other residents from my building THE SHORES that sits adjacent to Ocean View Park. They live on the south side of the building where the jazz band volume is much louder than the north side. We’d love to hear back from you! From: Ellen K Goldwasser <ekgoldwasser@me.com> Subject: Re: Loud Amplified Band playing on Saturday and Sundays OCEAN VIEW PARKDate: May 23, 2021 at 3:13:28 PM PDT Hello wonderful Santa Monica officials! I’m writing once again to notify you all that Ocean View Park is still the site for the LOUD Jazz Band that continually playson the weekends in the afternoon between 2p and 6p. The music is much louder for the south side of the South Tower atthe complex THE SHORES at 2800 Neilson Way. I was contacted by the police a few weeks ago that the decibel level has been recorded and was found to not be loud enough to warrant asking the band to lower or stop the music. Theband has been known to lower the music and then raise it once the police leave. I also want to notify you all again about the exercise group that was back in the park again today at 11AM - they play loud music on speaker with a booming bass. I’m just not sure what to do any more. Luckily, I am leaving town next Sundayso I’ll have only one more weekend to close my doors/ and turn on my fan. This isn’t what I should be having to do withpaying just under $4000/month to live here. I know I’m sounding like a broken record…but I’d like to know what can bedone with regard to these groups disturbing the peace. I do think having a weekend or two over the summer withnotification of the music is wonderful (Like parades and running/walking events) - but every weekend lowers the standard of living here in our community. I have cc’d The Shores Management and other residents in our building on this email. Item 13.E 09/14/21 10 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 252 Attachment: Written Comments (4760 : Restrictions on amplified sound) Thank you! Ellen Ellen Goldwasser ekgoldwasser@mac.com | M: (770) 331-5050 Begin forwarded message: From: Ellen K Goldwasser <ekgoldwasser@me.com>Subject: Loud Amplified Band playing on Saturday and Sundays OCEAN VIEW PARK Date: February 26, 2021 at 1:21:08 AM ESTTo: Jessica Baca <Jessica.Baca@SMGOV.NET>Cc: Nancy Born <born.nancy@yahoo.com>, Kaysie Kent <kaysiekent@gmail.com>, Leon Sandoi<lsandoi@douglasemmett.com>, Rebecca Cardenas <rcardenas@douglasemmett.com> Hello Jessica! I hope you have been well during this time! I contacted you back a few months back and you were super helpful in December with stopping the large exercise group with their amplified music from holding their meetings in the park. For the past few weekends, a live jazz band has been playing in Ocean View Park. It’s extremely loud and disruptive for the residents at The Shores (I live at 2800 Neilson Way #1003). It also is extremely loud for folks who just want to read and talk on the lawn. Today, another band was playing and it was about an hour and a half before an officer came out to talk to them. They started playing again after the officer left and we had to call again to get them to stop. What is frustrating is that it takes sometimes hours before an officer comes out. I wanted to let you all know ahead of time since they arrive at 2pm, to ask the Jazz Band to not play at Ocean View Park. There has also been a rock violinist who plays most evenings on the bicycle path around Hill St. and the noise is extremely loud and carries up to our building. I have attached the posting on NEXT DOOR that advertises the band’s performance at the park this weekend and every weekend. I would be so grateful, among with many other residents, for help with this matter! I have also cc’d the management of THE SHORES (Douglas Emmett) as this lessons the quality of life at our residence in which over 500 people live. Finally, is there a way that a sign post can be put up prohibiting loud, amplified music in the park? Thank you so so much! Ellen Ellen Goldwasserekgoldwasser@mac.com | M: (770) 331-5050 Item 13.E 09/14/21 11 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 253 Attachment: Written Comments (4760 : Restrictions on amplified sound) Item 13.E 09/14/21 12 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 254 Attachment: Written Comments (4760 : Restrictions on amplified sound) On Dec 8, 2020, at 8:59 AM, Jessica Baca <Jessica.Baca@SMGOV.NET> wrote: Ellen, I appreciate the kind sentiments. I am very happy that we were all able to assist and make a difference for you and your neighbors. We are confident that we will continue to see progress in this area and this will not be an issue going forward. If anything does pop up, please feel free to reach out so we may address the issue. Please note that workout groups/fitness trainers are still currently permitted in Santa Monica, even under the latest temporary targeted order. To answer your questions: 1. The group moved to the beach, and I counted at least 40 people who were exercising without masks. I thought under the new stay at home order that we are not to have gathering with anyone outside our household. Why is the group allowed to continue out on the beach when these activities are not allowed? The Code Enforcement Officer Supervisor who was out with us on Sunday allowed the group to finish their session on that day at the beach (after they masked up), which was supposed to only be about twenty minutes so as to stop the activity at the park at that very moment, while still allowing them a few minutes to wrap up their work out. We did our best to be as objective as possible regarding the situation. 2. Does the leader of this group agree to not come back to Ocean View Park? Or is last Sunday a one time agreement? The leader of the group has been made aware by the Code Enforcement Supervisor that his permit does not allow him to have more than eight individuals working out with him based on the size of Ocean View Park. The leader was provided with alternative locations should he wish to continue the permitted workouts at a location that allows for larger groups. The City is still permitting workout groups and providing permitted fitness instructors with COVID protocols. 3. I heard the exercise group had a permit to use the park, yet, isn’t over-amplified music via speakers prohibited? Is the committee who allowed this permit aware that there is a resident building right next to the park where community residents are disturbed? Perhaps when groups are allowed to return, they could utilize an area north of The Shores Complex that isn’t populated with residences right next to it? For trainers, amplified music is prohibited; however, if not permitted, individuals are allowed to play music in the City Open Spaces between 8am and 10pm. With regard to the permitted fitness trainers, it sounds like there may have been some confusion when permitted workout groups were issued permits and the workout groups may have been under the impression that they are allowed to use amplified music; however, this is not the case and we are working to convey the updated message to the workout groups we encounter. Below is a link to the most current order for your reference: Revised temporary targeted safer at home health officer order for control of COVID-19_ICU bed capacity_12.6.20 (lacounty.gov) Item 13.E 09/14/21 13 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 255 Attachment: Written Comments (4760 : Restrictions on amplified sound) Thank you again for your kind words. Stay safe and healthy, Jessica Baca Public Services Officer SupervisorSanta Monica Police Department333 Olympic Drive, Santa Monica, CA 90401Office: (310) 458-8612 Cell: (424) 299-1297Jessica.Baca@smgov.net CONFIDENTIALITY NOTICE: This communication and any attachments are solely for the intended recipient and may contain confidential and/or legally privileged information. Unauthorized interception, review, use, copy, distribution, or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender immediately and destroy this message, all copies of this communication, and any attachments. From: Ellen K Goldwasser <ekgoldwasser@me.com> Sent: Monday, December 7, 2020 10:26 PM To: Jessica Baca <Jessica.Baca@SMGOV.NET> Subject: Thank you!!! Thank you so much for responding to the: Exercise Group on Sunday AM at Ocean View Park EXTERNAL Dear Officer Baca, I was given your email address from Nancy Born who is a neighbor of mine at The Shores at 2800 Neilson Way. I live on the 10th floor in the South Tower facing north. For months I’ve been terribly disturbed and at my wits end with the soccer and exercise group that are taking place in Ocean View Park. I just want to thank you and your team soooooo sooooo much for coming out on Sunday and having the exercise group leave. I can’t tell you how incredibly grateful I am to you all. I’ve sent multiple emails and called probably over 30 times over the past few months and have been seriously thinking of moving because I felt my requests for help fall on deaf ears. I was so desperately frustrated. Your response on Sunday left me with such relief and hope, so a million thank you’s! I know you and your team have so much more dangers to respond to, yet what you all have done has appeased me beyond more than you know. I have met a code officer and a police officer who came out at another time, and they were lovely and kind and empathic towards me. Yet, I felt like the calvary had come out when I saw you all down at the park from my apartment unit. Over the past few months, the blasting music has been carrying up to my apartment on the 10th floor. Even closing the windows doesn’t drown out the bass and screaming and yelling. I have hope and relief in the weekends ahead. I do have a couple of questions for you: 1. The group moved to the beach, and I counted at least 40 people who were exercising without masks. I thought under the new stay at home order that we are not to have gathering with anyone outside our household. Why is the group allowed to continue out on the beach when these activities are not allowed? 2. Does the leader of this group agree to not come back to Ocean View Park? Or is last Sunday a one time agreement? 3. I heard the exercise group had a permit to use the park, yet, isn’t over-amplified music via speakers prohibited? Is the committee who allowed this permit aware that there is a resident building right next to the park where community residents are disturbed? Perhaps when groups are allowed to return, they could utilize an area north of The Shores Complex that isn’t populated with residences right next to it? Thank you again! Ellen Ellen Goldwasser Item 13.E 09/14/21 14 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 256 Attachment: Written Comments (4760 : Restrictions on amplified sound) ekgoldwasser@mac.com | M: (770) 331-5050 Ellen Goldwasserekgoldwasser@mac.com | M: (770) 331-5050 Ellen Goldwasser ekgoldwasser@mac.com | M: (770) 331-5050 Item 13.E 09/14/21 15 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 257 Attachment: Written Comments (4760 : Restrictions on amplified sound) From:Council Mailbox To:councilmtgitems Subject:FW: Noise Date:Tuesday, September 14, 2021 1:58:20 PM From: Nancy Deville <nancy@nancydeville.com> Sent: Monday, September 13, 2021 7:12 PM To: Council Mailbox <Council.Mailbox@SMGOV.NET> Subject: Noise EXTERNAL Hello, Living at Sea Colony 1 has been a great joy to see people having fun, skateboarding, jogging, biking, surfing. I’ve always loved it. But then during Covid a band hijacked Ocean View Park. Every Sunday for months on end we’ve been subjected to excruciating noise of horns, crashing cymbals, drums all amplified with speakers. By all accounts, even the people in the park think this band is mediocre but somehow they persist. We can’t enjoy our afternoon or relax. Every Sunday like clockwork I have to close my windows, turn on the AC, and put noise canceling headphones on. This is not your normal beachside activity. It’s a hostile takeover of 1,000 people’s Sunday afternoon. Please help. Thank you. 35 Sea Colony Drive Santa Monica, CA 90405 805 886-3500 nancy@nancydeville.com Item 13.E 09/14/21 16 of 16 Item 13.E 09/14/21 13.E.a Packet Pg. 258 Attachment: Written Comments (4760 : Restrictions on amplified sound)