SR 10-10-2023 4D
City Council
Report
City Council Meeting: October 10, 2023
Agenda Item: 4.D
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office
Subject: Conference with Legal Counsel – Existing Litigation – Gov. Code Section
54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of
Santa Monica; LASC Case No. BC616804; Second District Court of Appeal
Case No. B295935; California Supreme Court Case No. S263972
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved
Forwarded to Council
Attachments:
A. Written Comments
4.D
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Xavier Mota
From:Brodsky, Michael <mbrodsky@lmu.edu>
Sent:Monday, October 9, 2023 9:02 PM
To:councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Jesse
Zwick; Caroline Torosis
Subject:Item 4: Close Session recommendations
EXTERNAL
Dear City Council,
Item 4.A. Do NOT renew leases on underground storage tanks at SMO.
Item 4.D. Do NOT settle this case.
Sincerely,
Michael Brodsky
Santa Monica
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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Xavier Mota
From:Cathy Larson and Roger Allen <rcbreeze@rocketmail.com>
Sent:Monday, October 9, 2023 10:58 PM
To:Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil
Brock; councilmtgitems
Subject:Oct 10 Item 4-D
EXTERNAL
I support at large voƟng.
All voices heard by all Councilmembers.
Cathy Larson
Santa Monica Resident
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
4.D.a
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Xavier Mota
From:Michael Feinstein <mfeinstein@feinstein.org>
Sent:Tuesday, October 10, 2023 8:04 AM
To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la
Torre; councilmtgitems
Cc:David White; Douglas Sloan
Subject:City Council item 4-D, October 10, 2024
EXTERNAL
Dear Mayor Davis, City Councilmembers and City Staff
Regarding your closed session item 4-D, I encourage you to continue to defend the City’s
position in the CVRA case in front of the Court of Appeals, because the recent California
Supreme Court decision puts the City in a strong position.
https://santamonicacityca.iqm2.com/Citizens/Detail_Communication.aspx?Frame=&Meeti
ngID=1380&MediaPosition=&ID=2150&CssClass=
As you know, the California Voting Rights Act (CVRA) was enacted
to ensure that historically disadvantaged voters have a meaningful
opportunity to win representation. But key terms were left
undefined. In its recent ruling in Pico Neighborhood Neighborhood vs. City of Santa
Monica, the California Supreme Court has defined those terms and in
the process, has substantially changed the CVRA landscape.
Previously, the plaintiffs have maintained that to prove “vote dilution” and compel a
change in a voting system, one only needs to show the existence of “racially polarized
voting”. It is upon this basis that they have argued that the single time former Santa
Monica Latino Councilmember Tony Vasquez was defeated proves their case, but the
three times he was elected should be discounted. This same kind of supposition about
vote dilution (and racially polarized voting) has driven the change to single-seat, winner-
take-all districts across California, where concerned with legal costs and
liability, several hundred local governments have simply changed
voting systems without going to court or seeking a vote of its
citizens.
Now that Santa Monica has had the will and resources to defend its record all the way to
the State Supreme Court, this supposition by the plaintiffs has been challenged and heard
in court. The result is that the Court ruled that vote dilution is not an absolute, but must be
judged against another legally allowable system proposed by the plaintiffs. Furthermore,
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
4.D.a
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this must occur via an 'intensely local appraisal’ of all the relevant electoral and election-
related facts, to see if the system proposed by the plaintiffs would give voters from the
protected class demonstrably more influence. If not — especially in situations where the
targeted minority community is too geographically spread out to benefit from single-seat,
winner-take-all districts — and might even lose influence — the dilution would be ruled
insufficient to compel court-imposed change.
Given the Court’s ruling, it is easy to see that the CVRA was not meant for a city like
Santa Monica.
In Santa Monica, most Latino-preferred candidates (that run viable campaigns) already
win under its at-large system.
At the same time, a change to the plaintiff’s proposed seven single-
seat districts could lead to a net loss of self-identified Latinos on the
City Council, of which there are currently three out of seven elected
at-large -- including two living in one of the same proposed districts,
that would have to compete against each other if single-seat,
winner-take-all districts were imposed upon the City.
But going to the heart of the plaintiff’s request for such single-seat districts is the fact that
because Latinos are spread out over Santa Monica, the highest Latino concentrated
district would be only 30%.
At the same time, the other two-thirds of Santa Monica Latinos would be left outside of this
district, spread over the other six. These ‘less-than-equal’ Latinos would see their own
influence significantly diluted in each of the new districts (districts which would be
substantially more white than the city at-large), and these 2/3 of Santa Monica Latinos
would lose their vote (and influence) on six of the seven city council seats they have
today, which occur in a more diverse city-wide electorate.
Meanwhile, even for the concentrated 30%, there is no clear demonstration of increased
‘influence’ for them that doesn’t require a great deal of unprovable speculation. The
plaintiffs - in trying to make their case for increased influence by this 30% - suggest that
this 30% will be united in its vote, based upon a few past cases when there was a strong
Latino vote supporting a single Latino candidate running in multiple-candidate (three or
four-seat) City Council races. But such theoretical ‘unity’ will disappear from among this
Latino 30% where there are multiple Latino and/or Latino-preferred candidates all
competing against each other for a single district seat, which is highly likely to occur in the
Pico-neighborhood-based district proposed by the plaintiffs if the city were compelled to
adopt single-seat, winner-take-all districts.
At some point, logic has to be stretched beyond credulity to suggest there would be
enough clear and demonstrable additional ‘influence’ under the seven-district model
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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proposed by the plaintiffs to compel a change in Santa Monica’s electoral system
under the Supreme Court’s new definition of dilution.
Thank you for your time in reading this message.
Sincerely
Mike Feinstein
Ocean Park neighborhood
Santa Monica
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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Xavier Mota
From:Adele Andrade Stadler (via Google Docs) <adeleandradestadler@gmail.com>
Sent:Tuesday, October 10, 2023 9:51 AM
To:councilmtgitems
Cc:Gleam Davis; Lana Negrete; Caroline Torosis; Christine Parra; Jesse Zwick; Oscar de la Torre; Phil
Brock; aandrade-stadler@cityofalhambra.org; adelandradestadler@gmail.com
Subject:Santa Monica public comments (CVRA).docx
EXTERNAL
Adele Andrade Stadler attached a docum ent
Adele Andrade Stadler (adeleandradestadler@ gm ail.com ) has
attached the fo llowing docum ent:
Santa Monica public comments (C V R A ).docx
Snapshot of the item below:
Honorable Mayor and City Councilmembers,
As a former Alhambra Mayor and current Alhambra Councilwoman, I am writing to you as a
supporter of the California Voting Rights Act (CVRA) and an advocate of by‐district elections.
By‐district elections have served Alhambra well. The transition from Alhambra’s former at‐
large from‐district system was seamless. Both councilmembers and residents embraced it.
Consequently, Alhambra’s communities of color are better ensured sustainable and fair
representation. I can also attest that the transition has not altered councilmembers’ collective
concern for all residents of Alhambra. The only difference now is that we can spend more time
with the residents of our districts, which helps us better understand and address the needs of
our constituents.
My fear is that Santa Monica’s continued CVRA litigation will ultimately weaken the CVRA,
resulting in the loss of fair representation for marginalized communities across California. The
CVRA is a landmark law that ought not be diminished but lifted up in the face of a significantly
weakened federal Voting Rights Act and consistent attacks on democracy.
I encourage Santa Monica to embrace by‐district elections, and in so doing, safeguard the
California Voting Rights Act for under‐represented communities of color across California.
Sincerely,
Adele Andrade Stadler
Alhambra Councilwoman, Fifth District
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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Google LLC, 1600 Am phith e a tre Parkway, M ountain View , CA 94043, USA
You have received th is em ail because adeleandradestadler@ gm ail.com shared a
docum ent with you from Google Docs.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Google
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
4.D.a
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Xavier Mota
From:Brian O'Neil <bpo42@yahoo.com>
Sent:Tuesday, October 10, 2023 11:32 AM
To:Christine Parra; Lana Negrete; Phil Brock; Oscar de la Torre; Gleam Davis; Jesse Zwick; Caroline
Torosis; councilmtgitems
Cc:David White; Attorney Mailbox
Subject:City Council Agenda 10/10/23 (Closed Session Conference Regarding CVRA Case: Pico
Neighborhood Association and Maria Loya v. City of Santa Monica)
EXTERNAL
To: Santa Monica City Council, City Attorney, City Manager
From: Brian O’Neil
Re: City Council Agenda Item 3‐C (Closed Session Conference Regarding CVRA Case: Pico Neighborhood
Association and Maria Loya v. City of Santa Monica)
Date: October 10, 2023
Dear Council Members, City Attorney, City Manager
I’d like to reiterate my urging that the City Council drop the City’s appeal in the CVRA case, which will
be discussed in closed session at tonight’s City Council meeting.
Besides the reasons I noted last month in my letter to you, which I’ve pasted below for reference, I
want to highlight now how the move to district-based elections would greatly improve our local
representative democracy. Indeed, some food for fought, Harvey Milk would have never been
elected to the San Francisco Board of Supervisors in 1977 had the SF Board not recently adopted
district-based elections. There is no doubt that dropping the appeal and adopting some form of
district-based elections would open the door for new candidates and fresh voices here in Santa
Monica. Currently, as you are all aware, the At-Large System requires big money to run for office in
the entire city, big money usually supplied by the machine PACs of SMRR and SM Forward or other
special interests. Adopting District-based Elections would allow for true electoral competition and
truly grass-roots candidates to stand a chance.
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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Take the lesson of the San Francisco Board of Supervisors in 1977 and the subsequent election of a
grass-roots candidate like Harvey Milk, and help create a truly representation democracy in Santa
Monica.
Many thanks for your service to our city,
Brian O’Neil
Pico Resident
From: Brian O’Neil
Re: City Council Agenda Item 3‐C (Closed Session Conference Regarding CVRA Case: Pico Neighborhood
Association and Maria Loya v. City of Santa Monica)
Date: September 12, 2023
Dear Council Members, City Attorney, City Manager
As an historian and a long‐term Pico neighborhood resident, I urge you to drop the City’s appeal in the case
of Pico Neighborhood Association and Maria Loya v. City of Santa Monica, popularly known as the California
Voting Rights Act (CVRA) case, which you will be discussing in closed session at today’s City Council meeting.
Why should the City drop its the appeal?
TO DO THE RIGHT THING!
THREE SIMPLE REASONS:
1) VOTING RIGHTS FOR ALL SANTA MONICANS!
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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2) REPRESENTATION & EQUITY FOR THE PICO NEIGHBORHOOD
3) FISCAL RESPONSIBILITY& EQUITY FOR ALL SANTA MONICANS
1) VOTING RIGHTS & the CVRA
Are we in Selma, Alabama in 1965 or Santa Monica in 2023? The CVRA was put in place to enhance the voting
rights protections of the US Voting Rights Act of 1965. All by one of you (Councilmember Davis being the
exception) were not on the Council when the decisions were made in 2018 to appeal the CRVA case. It has
boggled my mind since 2018 why the purportedly “progressive” Santa Monica City Council has for years now
aggressively fought against the CRVA case. Most of CA’s truly progressive and leaders understand that Santa
Monica’s continuing of the appeal of the CRVA case is an affront to voting rights for all Californians. Senator
Alex Padilla has remarked that our City’s appeal could undue over 20 years of progress for voting rights in our
state.
See:
Read or listen to our State Senator's opinion here.
California Supreme Court case threatens voting rights ‐ CalMatters
You all (including Councilmember Davis) have the opportunity to now stop the suppression of voting rights in
our city and shift to the historic side of advancing the expansion of voting rights by dropping the appeal.
While there are many legitimate and complicated issues to discuss regarding the transition away from the
current At‐Large Electoral system, which the Los Angeles Superior Court found violates the CVRA, to a more
equitable District‐based (or hybrid District‐based + At‐Large Mayoral) electoral system, the basic facts in this
case point to how Latinos in the Pico neighborhood (and I would argue all Pico residents) have for years had
their votes diluted by the current At‐Large voting system. This dilution has, in turn, led to the systematic
marginalization of the Pico neighborhood.
2) REPRESENTATION & EQUITY FOR THE PICO NEIGHBORHOOD
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
4.D.a
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Quick history lesson. The Pico Neighborhood has been politically and socially marginalized since the early
20th century. Thanks to racist redlining real estate practices, for decades Pico was only neighborhood in Santa
Monica open to non‐whites. It has historically been the dumping ground to serve all the city’s major mass
transit and infrastructure projects: Interstate‐10 Freeway; the City Yards and Recycling Center, the Metro
Maintenance Facility. More recently in 2018, a private preschool was given a CUP to operate a 20‐student
preschool (a business) out of a single‐family home at 2953 Delaware Ave, a CUP fiercely opposed by nearly the
entire neighborhood, a CUP that flew in the face of the LUCE and local zoning intended to preserve our
residential neighborhoods, a CUP that would have NEVER been approved in any other Santa Monica
neighborhood, but was approved by the City Council because of the business‐owner’s political ties to city
leaders. There is no doubt that had the Pico neighborhood had just political representation, such inequities
would not have been the pattern in the Pico neighborhood.
Today the Pico neighborhood faces ongoing policy impacts related to the commericialization and densification
of our residential neighborhoods, the redevelopment of Bergamont Station, the proposed Resilience Center at
VAP. Thankfully, there are currently two councilmembers that live in and look out for the Pico neighborhood
(De la Torre & Parra). This political shift, however, only occurred via a herculean grass‐roots effort in the 2020
elections. With the current At‐Large system, there is every chance that in 2024, big money interests could
work to unseat Councilmembers De La Torre and Parra and our neighborhood would once again have No
Direct Representation in our City Council. Please drop the CVRA appeal and start the transition to some sort
of district elections system so that the Pico neighborhood, and all Santa Monica neighborhoods, can have truly
representative democracy.
3) FISCAL RESPONSIBILITY& EQUITY FOR ALL SANTA MONICANS
To date the City has spent millions of dollars fighting the CVRA (I’ve heard estimates of $10‐15
million). Tragically for a city that prides itself on being a fighter for the environment, much of that money has
gone to Gibson, Dunn, a law firm known to regularly defend the big oil companies. Stop throwing good money
after bad by dropping the appeal. If the appeal in not dropped the CVRA will undoubtedly drag on for years
more, and probably end up back in the CA Supreme Court. To continue the appeal would mean millions and
millions more to Gibson, Dunn; money that would be much better spent improving our city’s safety and
services.
In the end, DO THE RIGHT THING and drop the appeal!
Have your legacy be as fighter for voting rights and representative democracy!
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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Thank you all for your continued service to our beloved city, Santa Monica,
Highest Regards,
Brian O’Neil
Pico Resident
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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Xavier Mota
From:Tom Charron <tom.charron@calrcv.org>
Sent:Tuesday, October 10, 2023 11:54 AM
To:councilmtgitems
Cc:Jim Lindsay
Subject:Written comment RE: Agenda Item 4.D. on the closed session agenda of 10/10/23
EXTERNAL
Dear Mayor Davis, Councilmembers and staff,
The California Ranked Choice Voting Coalition (Cal RCV) believes in real democracy. Plurality at‐large voting (PAL) is well
known to be a discriminatory and undemocratic system.
Santa Monica continuing to fight the Pico lawsuit is undemocratic. Doing so would seek to continue using PAL, which is a
fundamentally discriminatory system. If Santa Monica should prevail, it would threaten the voting rights of 40 million
Californians. Furthermore, it is unlikely Santa Monica will prevail as there is no established CVRA case law in which a
public agency defendant has successfully prevailed on the merits. It would be a futile exercise that will only waste many
more millions of taxpayer dollars.
Cal RCV would prefer a proportional method of voting, such as Proportional Ranked Choice Voting, which would provide
the most equitable, representative, and durable solution to represent all the people of Santa Monica, but regardless of
the remedy chosen, we must oppose all efforts to undermine the CVRA.
We urge you to drop the city’s appeal of Pico v. Santa Monica and find an acceptable compromise that will improve
representation as soon as possible. To continue to fight to keep PAL in place is undemocratic and un‐American.
Sincerely,
Tom Charron and Jim Lindsay, Co‐founders, on behalf of the Executive Committee of the California Ranked Choice Voting
Coalition
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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Xavier Mota
From:Tony Huizar <tony.huizar@gmail.com>
Sent:Tuesday, October 10, 2023 11:57 AM
To:councilmtgitems
Cc:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la
Torre; David White
Subject:Public input for today's Closed Agenda Item 4.D. Santa Monica City Council Meeting 09/12/2023
EXTERNAL
Dear Council Members, City Manager and City Staff,
Just a reminder as you meet on the agenda item regarding he CVRA...
On Tue, Sep 12, 2023 at 11:12 AM Tony Huizar <tony.huizar@gmail.com> wrote:
Dear Council Members, City Manager and City Staff,
I urge you to unite the City of Santa Monica and drop the legal fight against the Voting Rights case. Millions of
dollars that should have gone to improving the safety and infrastructure of Santa Moncia have been spent on
attorney fees to reverse a legal case that has already been decided in a six-week trial, by the LA Superior
Court.
Today you have been given a once in a lifetime opportunity to correct this grave injustice and make history by
acting on behalf of the residents of Santa Moncia and the people of our United States by supporting over 20
years of progress that the CVRA has made in our state electoral system and its shared impact across the
nation. We are residents of one of the most progressive cities in the country, are we not?
Please take corrective measures and act on behalf of your constituents, the residents of Santa Moncia, who
will not forget your role in improving safety and well being by investing our budget where it most matters, in
our community.
Read or listen to our State Senator's opinion here.
Thank you for your time and service,
Tony Huizar
Life-long Santa Monica Resident and father to three past and present SMMUSD students
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
4.D.a
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Xavier Mota
From:Cris Gutierrez <crisgutierrez@earthlink.net>
Sent:Tuesday, October 10, 2023 3:22 PM
To:councilmtgitems; Council Mailbox; Gleam Davis; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar
de la Torre; Phil Brock; Christine Parra
Subject:Item 4D: NO settlement!
EXTERNAL
Dear Mayor Davis and City Council Members:
As a Latina born in Santa Monica, I support the City's defense of the CA Voting Rights Act by defending against Pico
Neighborhood Association and Maria Loya v. City of Santa Monica. Do NOT settle!
The City is defending justice and diversity with a clear‐eyed appropriate understanding of the CVRA. The City is aiming
to safeguard voices of Latinos and other ethnic and racial communities by not allowing a splinter group of Latinos to
prejudice and confuse genuine concerns about how we could make our democratic voting practices stronger for all.
Our City’s leadership on civil rights depends on allowing the case to continue.
With respect,
Christine “Cris” Gutierrez
Santa Monica Resident
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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Xavier Mota
From:PNA90404 <pna90404@gmail.com>
Sent:Tuesday, October 10, 2023 3:37 PM
To:councilmtgitems; Oscar de la Torre; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Phil
Brock; David White; Gleam Davis
Subject:Agenda Item 4-D
EXTERNAL
Dear Mayor Gleam Davis, Mayor Pro Tem Lana Negrete, City Councilors, City Manager David White.
Please settle the CVRA lawsuit, show some class in the face of defeat.
The residents of the Pico Neighborhood dont care if the City drags this
lawsuit out another 7 years by your litigious behavior and actions to draw it out.
You have knowingly and forever harmed the Santa Monica Residents of color.
Stop this indignant charade that you care about Civil Rights your actions
say otherwise.
Please save some money and settle this case.
Yours Sincerely Cris McLeod Resident of the Pico Neighborhood.
ITEM 4.D. October 10, 2023
ITEM 4.D. October 10, 2023
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