Letter to SMDP re Councilman Zwick's conflict of interest

The following letter from the NOMA Board was submitted to the City Attorney. A corresponding opinion piece was ran in the Santa Monica Daily Press.

City Attorney von Tongeln: 

 Thank you for stressing regular order and established city code in regard to the Mills Act applications discussion at the October 28, 2025, City Council Meeting.

 During Agenda Item 4.A. – Adoption of Resolutions Approving Historic Property Preservation Agreements – Councilmember Zwick removed the item from the consent calendar and then challenged the motion to approve the applications (made by Mr. Raskin), all of which were recommended to be approved by city staff. Mr. Zwick then made a substitute motion to deny the applications.  

We heard your call of caution to Mr. Zwick, that denying applications that clearly meet established requirements and had followed the procedures defined in city code may create legal exposure for the city. While the application for 226 Palisades Avenue happens to fall within NOMA’s boundaries, this issue affects all neighborhoods in Santa Monica. 

 This appears to be another example of Mr. Zwick's ongoing and unresolved conflict of interest between his responsibilities as a Councilmember and his paid job to advance the agenda of his employer.

Mr. Zwick's employer, Housing Action Coalition (HAC), where he serves as a Director, has publicly indicated its opposition to the Mills Act for single-family (R1) properties, viewing historic preservation regulations as a tool to restrict new housing development.

Specifically, in its "2025 Legislative Strategy" document, HAC points to Assembly Bill 610, which they co-sponsored, as a way to hold cities accountable for "hidden barriers" to housing. The organization's position is that cities should not be able to "create a new historic designation to block housing" after their Housing Elements are certified.

 Knowing his employer’s position, it is stunning that he did not recuse himself from this discussion and vote. If Mr. Zwick is unable or unwilling to recuse himself from discussions and votes like this, we urge you to advise Mr. Zwick to recuse himself, in all occasions when housing related issues are before the City Council. 

 You acted honorably on behalf of every neighborhood in Santa Monica last night and NOMA is grateful.

 Moving forward we expect you will call out Mr. Zwick’s conflict of interest if he continues to participate in discussions which appear to benefit his employer.

The Board of NOMA 

 CC: City Manager Oliver Chi, Mayor Lana Negrete