1 David Yakobson
From: Dustin Shahan <[email protected]>
Sent: Tuesday, September 10, 2024 11:55 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre Subject: 16A: It's sad that this is necessary
EXTERNAL
Good morning council
Please support item 16A to require that members submit serious requests. There's no place in a legitimate governing organization to knowingly ignore it's own lawyer's advice and vote for something illegal. It's equally absurd to pursue something without having any idea how your own city manager will actually implement it, and then bluntly ignore requests for clarification.
Your constituents deserve better than leadership "for kicks".
Dustin Shahan
90401
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024
1 David Yakobson
From: Marc Verville <[email protected]>
Sent: Tuesday, September 10, 2024 10:15 AM
To: Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; Gleam Davis; Jesse Zwick; Caroline Torosis
Cc: councilmtgitems
Subject: SMCC 2024-09-10 Item 16.A. - Pre-Approval of 16 Items
EXTERNAL
Dear Mayor Brock and Honorable Councilmembers,
This leƩer is in strong opposiƟon to any limitaƟon on Councilmember prerogaƟves to submit 16 items for council consideraƟon and debate.
This item is would essenƟally introduce subjecƟve criteria that could be used to suppress robust debate on topics of interest to the community and/or constrain strategic council acƟon.
The requirement that an item be “legal” under exisƟng law deprives the council of a strategic opƟon to adopt a posiƟon that could, for example, create help create legal standing for further legal acƟon against a third party enƟty that has enacted laws, regulaƟons or taken acƟons that are detrimental to the residents of Santa Monica.
The requirement that an item be “feasible”, as defined by the city manager, abrogates the council’s prerogaƟve to spur debate on council prioriƟes and shiŌs that power to an unelected city manager. Almost anything can be “feasible”. It is simply a maƩer of prioriƟes. Cuƫng off debate on prioriƟes is completely unacceptable.
Respecƞully,
Marc L. Verville
Sunset Park
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024
1 David Yakobson
From: Stanley H Epstein <[email protected]>
Sent: Tuesday, September 10, 2024 6:49 AM
To: John Alle
Cc: Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete; Dan Charn.; councilmtgitems; Clerk Mailbox; Douglas Sloan; Susan Cola Subject: Re: 16-A.
EXTERNAL
Dear John. Thank you for reminding me and the other ccs to this email of the two agreements. Based on your statements as to the substance of those agreements, the following results:
1.Doug Sloan was wrong, either carelessly, or intentionally, but not excuseably, when he stated at the last Council meeting, that Oscar’s Item 16 required our City to take illegal action.I understand that Gleam made a similar statement.
He must acknowledge that before the meeting to Council members and to the public at the meeting this evening.
2. Doug’s “ error” is great proof that no City Attorney should have the authority to decide that a proposed Item 16 is illegal( as is proposed this evening by Gleam) unless he or she provides every Council member and the public, at least 24 hours before the relevant meeting, with a written legal opinion providing that conclusion and the reasons for it.Very often, oral statements at the meeting by Doug and his predecessors on a variety of subjects have been proven to be incorrect. Therefore, the Item 16 proposed by Gleam tonight should be modified in that respect and by eliminating the other portion because City expenditures can always be moved around by Council action.
I suggest you again give all of us again copies of the two agreements.
Sincerely, Stan Epstein. 310 393 7619
Sent from my iPad
On Sep 10, 2024, at 2:00 AM, John Alle <[email protected]> wrote:
The City of Santa Monica DOES have legal authority to END the County's Needle and Glass/Meth Pipe Distribution Handouts component of the Harm Reduction Program in its parks and public spaces.
The Santa Monica Coalition has TWICE provided ALL Councilmembers with the two agreements between the City and the LA County Public Department of Health. 1) The City of Santa Monica's "Legislative Body" (the City Council) is required to publicly review and approve any such program The LA County Health Dept.wishes to implement and,
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024
2 2) The Santa Monica Chief of Police must approve the program. Santa Monica Police Chief Ramon Batista is publicly on record, in writing and verbally, stating he disapproves of the Needle and Glass/Meth pipe distribution in City Parks and outdoor public spaces.
John Alle
On Mon, Sep 9, 2024 at 2:58 PM Stanley H Epstein <[email protected]> wrote:
Danielle tells me that the quote below is from the Daily Press.
You all will recall that I inquired before the last meeting whether Oscar was not endorsing two contradictory Resolutions, both of which were approved In that context, John and I discussed the basis for arguing that the City had the legal authority to tell the County to stop the needle distribution program . I further suggested that Council require Sloan to give a written opinion each time as to such authority, or lack thereof. That never happened.
Last week, I sent all of you an email requiring such a written legal opinion whenever the City Attorney thinks an Item 16 proposal is illegal. Please ask for that change to Gleam’s poorly drafted Item. Also, please handle my other suggestion, which has to do with moving funds around to pay for expenses required by Item 16s.
Sloan often gives oral opinions without legal review or are intentionally erroneous.
Therefore, as long as he stays in his job, be professional and get written legal opinions whenever there is any doubt and show those opinions to lawyers in the community.
Sincerely, Stan Epstein310 393 7619
Sent from my iPad
Begin forwarded message:
From: "Dan Charn." <[email protected]>
Date: September 9, 2024 at 2:31:14 PM PDT
To: Stanley H Epstein <[email protected]>
Subject: 16-A.
Well- you were right - she caught it - on the agenda
tomorrow ..
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024
3 "Councilwoman Gleam Davis is asking for an amendment
to Council rules that would require all future discussion to be approved by the city Attorney and City Manager for
legality and feasibility. While not explicitly stated, the item is a response to a discussion at the last meeting that saw a majority of the Council vote for an item to prohibit needle distribution in local parks after being told the council had no legal authority to pass the item and that it would be impossible to implement."
--
John E. Alle
JOHN ALLE COMPANY
www.johnallecompany.com
www.thesantamonicacoalition.org
Cell: (310) 990-7124
Office: (626) 795-1511 (310) 319-1511
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation to the contents of this information is strictly prohibited and may be unlawful. Kindly delete.
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024
1 David Yakobson
From: [email protected]
Sent: Monday, September 9, 2024 2:56 PM
To: councilmtgitems
Cc: Phil Brock; Lana Negrete; Caroline Torosis; Jesse Zwick; Christine Parra; Oscar de la Torre; Gleam Davis
Subject: Re: Public Comment - Item 16A- OPPOSITION- SM City Council Meeting 9/10/2024
EXTERNAL
Section 605 of the Charter states:
“All powers of the City shall be vested in the City Council, subject to the provisions of this Charter and to the Constitution of the State of California.”
The Council may not lawfully surrender control of its Agenda, and hence its power to legislate and take other actions, to subordinate officers who are not free from mistaking mistakes. Ms. Davis’s proposal is unlawful, foolish and asinine. The Council should promptly dispose of it and Ms. Davis should use the time to explain what she learned on her City funded trip to Vienna, which she procured while concealing the fact that she had already decided to retire from the Council. And then Ms. Davis should resign from the Council and move out of the City she has served so poorly.
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024
4 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, September 10, 2024 2:00 AM
To: Stanley H Epstein
Cc: Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete; Dan Charn.; councilmtgitems; Clerk Mailbox
Subject: Re: 16-A.
EXTERNAL
The City of Santa Monica DOES have legal authority to END the County's Needle and Glass/Meth Pipe Distribution Handouts component of the Harm Reduction Program in its parks and public spaces.
The Santa Monica Coalition has TWICE provided ALL Councilmembers with the two agreements between the City and the LA County Public Department of Health. 1) The City of Santa Monica's "Legislative Body" (the City Council) is required to publicly review and approve any such program The LA County Health Dept.wishes to implement and, 2) The Santa Monica Chief of Police must approve the program. Santa Monica Police Chief Ramon Batista is publicly on record, in writing and verbally, stating he disapproves of the Needle and Glass/Meth pipe distribution in City Parks and outdoor public spaces.
John Alle
On Mon, Sep 9, 2024 at 2:58 PM Stanley H Epstein <[email protected]> wrote:
Danielle tells me that the quote below is from the Daily Press.
You all will recall that I inquired before the last meeting whether Oscar was not endorsing two contradictory Resolutions, both of which were approved In that context, John and I discussed the basis for arguing that the City had the legal authority to tell the County to stop the needle distribution program . I further suggested that Council require Sloan to give a written opinion each time as to such authority, or lack thereof. That never happened.
Last week, I sent all of you an email requiring such a written legal opinion whenever the City Attorney thinks an Item 16 proposal is illegal. Please ask for that change to Gleam’s poorly drafted Item. Also, please handle my other suggestion, which has to do with moving funds around to pay for expenses required by Item 16s.
Sloan often gives oral opinions without legal review or are intentionally erroneous. Therefore, as long as he stays in his job, be professional and get written legal opinions whenever there is any doubt and show those opinions to lawyers in the community.
Sincerely, Stan Epstein310 393 7619
Sent from my iPad
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024
5 Begin forwarded message:
From: "Dan Charn." <[email protected]>
Date: September 9, 2024 at 2:31:14 PM PDT
To: Stanley H Epstein <[email protected]>
Subject: 16-A.
Well- you were right - she caught it - on the agenda tomorrow .. "Councilwoman Gleam Davis is asking for an amendment to Council rules that would require all future discussion to be approved by the city Attorney and City Manager for legality and feasibility. While not explicitly stated, the item is a response to a discussion at the last meeting that saw a majority of the Council vote for an item to prohibit needle distribution in local parks after being told the council had no legal authority to pass the item and that it would be impossible to implement."
--
John E. Alle
JOHN ALLE COMPANY
www.johnallecompany.com
www.thesantamonicacoalition.org
Cell: (310) 990-7124
Office: (626) 795-1511 (310) 319-1511
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024
6 The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation to the contents of this information is strictly prohibited and may be unlawful. Kindly delete.
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024
1 David Yakobson
From: Stanley H Epstein <[email protected]>
Sent: Saturday, September 7, 2024 10:54 AM
To: councilmtgitems
Cc: Douglas Sloan; David White; Phil Brock; Lana Negrete; Gleam Davis; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Fwd: Agenda Packet - Sep 10, 2024 (Tue) - City Council
EXTERNAL
Item 16 A should be amended in the following respects: 1. If the City Attorney believes a proposed Item would be illegal, he or she must provide a written legal opinion to each Councilmember and the public prior to the
Council meeting stating the basis for that view, and 2. The part about funds not being available is contrary to governmental budgetary principles because future expenditures can always be modified to allow for the proposed costs.
Stan.he H. Epstein. 310 393 7619
Sent from my iPad
Begin forwarded message:
From: City Clerk <[email protected]>
Date: September 4, 2024 at 5:45:21 PM PDT
Subject: Agenda Packet - Sep 10, 2024 (Tue) - City Council Reply-To: City Clerk <[email protected]>
Please see the attached Agenda Packet document for the following meeting:
City Council
Regular Meeting
Tuesday, September 10, 2024 5:30 PM
1685 Main Street, Room 250, Santa Monica, CA 90401
Download PDF Agenda Packet | View Web Agenda Packet
Document Modified: 9/4/2024 5:44 PM
If you no longer wish to be included in this distribution list you can remove yourself through the meeting web portal or reply to this message.
Item 16-A
September 10, 2024
Item 16-A
September 10, 2024