⚠️ TIME REMAINING UNTIL COUNCIL VOTE ⚠️

JANUARY 13, 2026 — ACT NOW

📰 Breaking News Coverage

Santa Monica Daily Press (Jan 9, 2026):
"City Hall Scrambles to Fix Housing Votes as New Questions Emerge Over Councilmember Conflicts"

📄 Official Filing

Jan 8, 2026: A formal letter was sent to the City Attorney by Santa Monica Neighbors to review all potential conflicts and inclusion of the December 17, 2025 vote in ratification proceedings.

California Public Records Act responses document private communications between Zwick and HCHC Executive Director Sarah Letts during active City Council proceedings:

Legal standard: DDA approvals are quasi-judicial proceedings. Under Gov. Code § 11430.10, ex parte communications must be disclosed on the record. These were not.

Councilmember Zernitskaya: Levine Act Violation

John Maceri, CEO of The People Concern, contributed $400 to Zernitskaya's campaign:

The connection: The People Concern is expressly identified in the staff report as HCHC's designated supportive services provider. Gov. Code § 84308 (Levine Act) prohibits officials from participating when a party has contributed >$250 within 12 months.

Mayor Torosis: Undisclosed Professional Conflict

Torosis serves as Senior Policy Director for LA County Supervisor Holly J. Mitchell at a salary of at least $312,525. Per HCHC's own website, Supervisor Mitchell's office is listed as HCHC's "Government Partner."

Critically: Torosis moved the motion to approve. Zwick seconded. No disclosure. No recusal.

"Participation by a single conflicted decision-maker is sufficient to invalidate the entire governmental action."

— Petrovich v. City of Sacramento (2001) 91 Cal.App.4th 809

"If the process was compromised by a conflict of interest, how can residents trust our voices were genuinely considered?"

— 14th Street Renter

"How will businesses survive when customers can no longer find parking? If the approval was legally defective, we deserve a restart."

— Wilshire Boulevard Business Owner

Take Action Before January 13

Demand the City Attorney investigate. Demand the Council void this vote.

Click above to open your email client with the letter pre-filled

To: attorney.mailbox@santamonica.gov, council.mailbox@santamonica.gov, councilmtgitems@santamonica.gov

Cc: Oliver.chi@santamonica.gov, smdemandsafetyfirst@gmail.com

Subject: RE: Request to Void and Restart Hollywood Community Housing DDA - Item 11.A / Pause 11.C Due to Conflict of Interest

Honorable Mayor, City Attorney, and Members of the City Council:

We are a coalition of Santa Monica residents and business owners writing to request that the Council void the December 17, 2025 DDAs with Hollywood Community Housing Corporation and restart the process in compliance with California law.

On December 17, 2025, Item 11.A was approved via motion by Councilmember Zwick. On January 9, 2026 an article in the Santa Monica Daily Press outlined conflicts of interest and ethics violations with council members who voted for Hollywood Community Housing Corporation DDA.

On December 8, 2025, the FPPC ruled that Councilmember Zwick has a disqualifying conflict of interest on housing production decisions due to his employment with the Housing Action Coalition.

Under FPPC Regulation 18704, making a motion constitutes participation in a governmental decision. Petrovich v. City of Sacramento (2001) confirms that participation by a single conflicted decision-maker invalidates the entire action. The proper remedy is not a revote, it is a restart from the point of violation.

I request that the Council:

1. Pause Item 11C pending a formal City Attorney opinion on whether revote cures a defect under FPPC Regulation 18704 and Petrovich

2. Void the December 17, 2025 DDA vote and restart with conflicted members recused

3. Require binding Good Neighbor Agreements with enforceable security commitments

4. Ensure meaningful replacement parking before development proceeds

This is not about opposing affordable housing. This is about following the law and restoring public trust.

Respectfully submitted,