TRANSPARENCY PROJECT FILES ADDITIONAL COMPLAINTS AGAINST MAYOR

Amendment adds additional Complaints to the Taxpayer Protection Amendment of 2000 Complaints Against Mayor Pam O’Connor Filed by The Santa Monica Transparency Proj-
ct on October 8, 2014.

On October 8, 2014, the Santa Monica Transparency Project filed with the City twenty‐four (24) Complaints against Mayor Pam O’Connor alleging that she repeat-
edly violated Santa Monica law under the Oaks Initiative by accepting campaign contributions from owners, board of director members and officers of Hines, Mace-
rich and Century West partners—after voting in favor of their development projects. The Complaints called for a full, thorough and impartial investigation into all of Ms. O’Connor’s campaign contributions, and that appropriate remedies be taken for these very serious violations of Santa Monica law. See the original Complaints for more detail.

In response to the 24 Complaints filed last week, Pam O’Connor has admitted under questioning by the press that mistakes were made by her regarding her campaign financing, that “perhaps” she violated the law in accepting some of her developer donations, and that she still is checking to see about the others.

At the same time she made these admissions, her comments evidenced a disdain for being held accountable for violating the law, and a belittling of her repeated violations. Mayor O’Connor offered a slew of excuses to the press for not follow-
ing the law, and launched misguided attacks on the message and the messenger.
They range from she is too busy to follow the law (aren’t we all busy, but have
to follow the law?), to claiming that raising the issue of the Mayor of our city having violated the law must be “political” (the question is, is it correct or
not, did she violate the law or not), to that if Oaks covers the hundreds of employees of a developer, it violates their First Amendment rights (Oaks does not cover them, it only covers the owners and senior most people. See Section 2202(b).) She never raised any of these excuses when she was telling residents how she follows the Oaks Initiative before she was caught not following it. www.smgov.net; 1/28/14 City Council meeting, video at 3:46. See newspaper articles in Attachment R.

Mayor O’Connor’s dismissive comments in the press are relevant to the appropriate remedies to be taken against her. Her conduct in accepting these illegal contributions and her most recent comments show disrespect for the importance of a public official obeying Santa Monica law directed at her official activities. Mayor O’Connor’s violations demonstrate a pattern of taking illegal contributions from three of the biggest developers in Santa Monica.

These alleged violations are ongoing, starting in 2008 and continuing into 2014 as was just revealed in her latest campaign disclosure statement filed on October 6, 2014.

It is in her latest filing last week, that the Transparency Project finds yet additional violations which form the basis of this Amendment, which is brought on information and reasonable belief. These involve yet another benefit that she conferred on Century West Partners, after which she took contributions from its
three principals, including its two founders, and from a senior officer, all in violation of the Oaks Initiative.

Please see Attachment R for backup documentation.

Amendment Adding New Complaints

Factual Background for Twenty‐Fifth Through Thirty‐First Complaints The Vote Conferring the Benefit
401 Broadway project. A public benefit was conferred in contract 9821 at the October 22, 2013 City Council meeting on Century West Partners. Ms. O’Connor voted in favor of conferring the benefit, which was in excess of the Oaks’ threshold of $25,000. The contract was an amendment to the project’s original development agreement entered into between the City and the previous owners. The amendment added a third subterranean level, added parking when the original development agreement did not have parking, in order to, according to Century West, enable Century West to obtain appropriate financing for the project, and other benefits.

The Beneficiary: Century West

That Century West was the owner and developer of the project was clear. On October 8, 2013, when the project was introduced for its first reading, the applicant’s attorney, Dave Rant, introduced the Applicant “Century West Partners,” and from the audience introduced from Century West “Michael Sorochinsky, principal” and Kevin Farrell—both of whom were later to contribute to Ms. O’Connor. Mr. Rant further explained how his client Century West Partners had acquired the property after the initial development agreement had been entered into. www.smgovt.net; 10/8/13 City Council meeting, video at 3:05:45.

Additionally, this is one of the cases where the City’s on-line Taxpayer Protection Report (log) contains some of the names of individuals with the entity upon whom the benefit was

conferred, and from whom councilmembers who voted in favor of the project could not afterwards accept contributions.

The log lists three names: Michael Sorochinsky, Steve Fifield and Steve Henry—the first two of whom later contributed to Pam O’Connor. The log is incomplete, as it does not list another principal of Century West Partners: Randy Fifield. It also does not list an officer of Century West, Kevin Farrell, who is either the Executive Vice President or Senior Vice President of Century West. Ms. O’Connor also improperly accepted contributions from both of these individuals.

The City’s on-line log is at most one step in a due diligence process—it is incomplete with whole years missing and data categories, such as the vital names of the owners, officers and board of directors, often blank. This is manifestly clear after a basic review of the log.

The Contributions Afterwards. City council candidate O’Connor’s campaign disclosure statement e‐filed last week, October 6, 2014 lists a number of donations from people related to Century West. These batched contributions were received by Mayor O’Connor’s campaign in July and August, 2014, nine and ten months after she voted to confer a benefit on Century West for the 401 Broadway downtown development project, amendment to its development agreement. The campaign statement states that she executed it on October 6th, as the candidate for office.

The list of donations include contributions from both founders, another principal of the company and an officer of Century West, and other individuals associated with them and a trust, the Michael and Lauren Sorochinsky Family Trust (several of the contributions are made by the Trust.) All of the contributions were made in a similar pattern and in unusual sums: with two donations each being made by four individuals, each of the four making one contribution for $99 and one for $226, totaling the maximum total donation permitted by law. Moreover, with three other individuals, only a donation of $226 was listed—the City should review if there were also $99 donations made by these individuals and not disclosed in the Campaign Statement.
On July 25, 2014, Pam O’Connor received a contribution for $226 from Randy Fifield (managing director and principal of Century West); on the same day she received a second contribution from Randy Fifield for $99; on the same day Mayor O’Connor received a donation for $99 from Steven Fifield (founder and principal of Century West); on the same day she received a second donation of $226 from Steven Fifield; on the same day Pam O’Connor received a contribution for $99 from Lauren Sorochinsky (listed as Homemaker, and believed to be the wife or other relative of Century West Co-­‐Founder Michael Sorochinsky and a Trustee of the Michael and Lauren Sorochinsky Family Trust); on the same day Mayor O’Connor received a donation of $99 from Michael Sorochinsky (Co-­‐ Founder and principal of Century West.)

Additionally, on August 14, 2014, Candidate Pam O’Connor received a contribution of $226 from Lauren Sorochinsky; on the same day she received a contribution also for $226 from Michael Sorochinsky; on the same day Mayor O’Connor received a contribution of $226 from Aaron Sorochinsky; further on the same day she received a donation for $226 from Kevin Farrell (Senior or Executive Vice President of Century West.)
Finally, on July 22, 2014 Pam O’Connor received a contribution from Greg Goldman in the amount of $226 (believed to be Century West project manager.)
As with the original Complaints, the Amended Complaints below are only brought as to campaign contributors who were principals of Century West, including its two founders, or officers: Michael Sorochinsky, Steve Fifield, Randy Fifield and Kevin Farrell. Others with a connection to Century West who made contributions to Ms. O’Connor are mentioned above to show the coordinated, batched nature of the contributions, but are not alleged as Oaks violations.
Please see Attachment S.

Twenty-­‐Fifth Complaint
On July 25, 2014, Pam O’Connor received a campaign contribution in the amount of
$226 from Randy Fifield, managing director and principal of Century West Partners, upon whom she conferred and voted to confer a benefit valued at over $25,000 on October 22, 2013.

She did not return the contribution within 10 days. All, in violation of the Oaks Initiative. Please see Attachment O to the original Complaint.
Twenty-­‐Sixth Complaint
On July 25, 2014, Pam O’Connor received a campaign contribution in the amount of
$99 from Randy Fifield, managing director and principal of Century West Partners, upon whom she conferred and voted to confer a benefit valued at over $25,000 on October 22, 2013.
She did not return the contribution within 10 days. All, in violation of the Oaks Initiative. Please see Attachment O to the original Complaint.
Twenty-­‐Seventh Complaint
On July 25, 2014, Pam O’Connor received a campaign contribution in the amount of
$99 from Steven Fifield, founder and principal of Century West Partners, upon whom she conferred and voted to confer a benefit valued at over $25,000 on October 22, 2013. She did not return the contribution within 10 days. All, in violation of
the Oaks Initiative.
Please see Attachment N to the original Complaint.

Twenty-Eighth Complaint
On July 25, 2014, Pam O’Connor received a campaign contribution in the amount of
$226 from Steven Fifield, founder and principal of Century West Partners, upon whom she conferred and voted to confer a benefit valued at over $25,000 on October 22, 2013. She did not return the contribution within 10 days. All, in violation of the Oaks Initiative.
Please see Attachment N to the original Complaint.
Twenty-‐Ninth Complaint
On July 25, 2014, Pam O’Connor received a campaign contribution in the amount of
$99 from Michael Sorochinsky, founder and principal of Century West Partners (and Trustee of the M & L Sorochinsky Family Trust) upon whom she conferred and voted to confer a benefit valued at over $25,000 on October 22, 2013. She did not return the contribution within 10 days. All, in violation of the Oaks Initiative.
Please see Attachments N to the original Complaint.
Thirtieth Complaint
On August 18, 2014, Pam O’Connor received a campaign contribution in the amount of $226 from Michael Sorochinsky, founder and principal of Century West Partners (and Trustee of the M & L Sorochinsky Family Trust) upon whom she conferred and voted to confer a benefit valued at over $25,000 on October 22, 2013. She did not return the contribution within 10 days. All, in violation of the Oaks Initiative.
Please see Attachments N to the Original Complaint.
Thirty-­‐First Complaint
On August 18, 2014, Pam O’Connor received a campaign contribution in the amount of $226 from Kevin Farrell, an officer, Senior Vice President or Executive Vice President, of Century West Partners, upon whom she conferred and voted to confer a benefit valued at over $25,000 on October 22, 2013. She did not return the contribution within 10 days. All, in violation of the Oaks Initiative.
Please see Attachment P to the original Complaint.

The Santa Monica Transparency Project

/s/ Mary Marlow
Mary Marlow, Chair. Dated: October 16, 2014.

Appendix -­‐-­‐-­‐ Chart of Key Dates

-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐
=401 Broadway Project – Century West ( Complaints 25-­‐31)
Benefit Conferred: October 22, 2013

Contributions Afterwards: July 25, 2014 and August 18, 2014.
-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐-­‐

TO WHOM IT MAY CONCERN

As we hope you noticed, the Dispatch computer went blooey the other day. A
number of stories vanished and the posting ofsome new stories was delayed.
We apologize for all of it.

There may be a few more blips, but we will prevail, because our only reason
for being is to give this splendid gathering of residents a voice and preserve
the character of this gloriously idiosyncratic beach town.

BERGAMOT STATION WILL FEATURE NEW L.A. JAZZ ON SUNDAY

Sunday , October 19, Robert Berman Gallery (Gallery B7 at Bergamot Station) will host live jazz fusion, instrumental, and original music performed by local artists between 2 and 6 pm.

!The musicians will feature the current music of L.A. In the words of one of the organizers, “Come kick it, Angelenos, and hear the music that’s emerging around you. And bring your children.”

Casablanca Grill’s chef Mohammed Boutarbouche wll be serving an accompanying cold brew coffee and LA Coffee Club’s lemonade tent “will satisfy all your food and beverage needs.”

The event is free , but A donation of $10 per person is encouraged. It will go directly to the musicians, The Brothers Grand.

CIVIC WORKING GROUP TO MEET EARLY NEXT WEEK

Chair Nina Fresco, of the Civic Auditorium Working Group, has announced that the group’s regular meeting on Monday, October 27, will begin at 5:00 pm in order to accommodate the two council candidates among us who have a city tv thing to go to.

This will be a regular meeting, not a workshop. The group will hear a report on parking in the civic center and will plan the next workshop. Come if you can!

SANTA MONICA-MALIBU PTA OPPOSES MEASURE D, BACKS LC

Health and Safety Concerns for Children Cited

SANTA MONICA—The Santa Monica-Malibu Council of PTAs, representing more than 7,000 members, has joined a growing coalition of civic, environmental and neighborhood groups in opposing Measure D and supporting Measure LC on the November 4th ballot.
Measure D is sponsored by two national aviation industry lobbying groups and would restrict Santa Monica’s ability to regulate operations of the Santa Monica Municipal Airport or to convert the city-owned land into public parkland or recreational space.
Measure D would also specifically prohibit any restrictions to fuel sales or restrictions on the “full use of aviation facilities” – any of these changes would require ballot measures to be approved by a majority of all registered Santa Monica voters.

Citing concerns about the effects of lead and other air emissions on school children and families who live near the airport, PTA Council president Rochelle Fanali stated, “The PTA opposes Measure D because it could thwart or delay necessary efforts to improve the health and safety of airport operations.”

A UCLA study of Santa Monica Airport emissions published in the journal Environmental Science and Technology (UCLA Department of Atmospheric and Oceanic Sciences, 2009) found that people who live and work near Santa Monica Airport are exposed to unusually high levels of air pollution — a significant health concern that has been largely associated with major commercial airports such as LAX.

In 1998, the California State PTA adopted a special resolution titled “Protection of Children from the Harmful Effects of Aircraft Emissions,” recognizing that children are particularly vulnerable to the effects of toxic emissions from the operation of aircraft, especially in and around airports, and urged the appropriate agencies to initiate immediate remedial steps to ensure the protection of school children from these harmful effects.

“For nearly two decades, PTA has recognized that children are especially vulnerable to the harmful effects of airport emissions. The U.S. EPA warns that exposure even to low levels of lead early in life have been linked to effects on IQ, learning, memory, and behavior. There is no known safe level of lead in the body,” said Fanali.

STATE EDUCATION OFFICIAL ENDORSES LOYA AND de la TORRE

Maria Loya announced Friday that she has been endorsed by State Superintendent of Public Instruction, Tom Torlakson, in her campaign to represent Santa Monica and Malibu on the Santa Monica College Board of Trustees.

“Maria is the type of person we need serving on the Santa Monica College Board of Trustees,” said Torlakson. “She has the vision and energy necessary to ensure that the residents of Santa Monica and Malibu have access to affordable higher education. As a product of the community college system herself, Maria is well aware of the opportunities afforded by higher education. I look forward to working with her on making Santa Monica College more affordable and accessible for the communities it serves.”

“I am proud to have Tom Torlakson endorse my campaign for Santa Monica College Board of Trustees,” Loya said. “For the past year, our campaign has been talking to voters about the issues important to them: accessibility, affordability and responsibility. Tom’s endorsement goes to show that our message is resonating beyond the local reaches of the college. I look forward to working with him on making higher education affordable and accessible.”

Torlakson helped lead and win the battle to stop budget cuts to California’s schools and put decision-making about how to spend education dollars back in the hands of local parents, teachers, and community leaders. He supported providing local flexibility for $13 billion in state education funds. Earlier this year, he led successful efforts to provide schools with $1.25 billion in locally controlled funding for new textbooks, teacher training and school technology.

Torlakson joins the Los Angeles County Democratic Party and the Los Angeles County Federation of Labor in endorsing Loya for Santa Monica College Board of Trustees.

Loya is running for one of four open seats on the Santa Monica College Board of Trustees. The election will be held on November 4, 2014.

She currently serves as Vice Chair of the Pico Neighborhood Association and PTA Board member at Edison Language Academy. She also serves on the steering committee of Santa Monicans for Renters’ Rights and is a member of Residocracy’s Advisory Board.

For more information on Maria Loya’s campaign visit her website: www.maria4smcboard.com

Rounding out his surprise visit on Friday to Santa Monica’s Pico Neighborhood, Torlakson also endorsed Oscar de la Torre for re-election to the SMMUSD Board of Education. “Oscar is the youngest person running for school board but with 12 years of service he has the most governance experience. Parents, educators and residents in both Santa Monica and Malibu have supported Mr. de la Torre in the three past elections because it is clear that Oscar has a personal commitment to serving our students and supporting our schools,” Torlakson said.

Oscar de la Torre and Maria Loya are husband and wife, parents of two boys and both have been very active in local schools, neighborhood concerns, and local political and economic issues, and frequently speak at Santa Monica City Council meetings on
a variety of issues

COUNCIL CANDIDATE RICHARD McKINNON PROPOSES “DEEP GREEN”

Santa Monica Planning Commissioner and City Council candidate Richard McKinnon has called for an immediate end to large-scale development in Santa Monica based on Development Agreements, saying they are no longer viable in Santa Monica because of an ongoing lack of water.

The halt is part of McKinnon’s environmental policy – Deep Green – which he released Thursday.

McKinnon said this was the worst drought in 50 years, headed towards the worst on record.

“The drought is already forcing a 20 percent reduction in water for residents,” McKinnon said. “Santa Monica cannot keep building larger, denser buildings, and cramming in over-development when water is nonexistent. We are ignoring reality.
“The 35 proposed DA agreements of developers, with dozens more to come, would create a line of huge luxury hotels on Ocean Avenue, hundreds-of-thousands of square feet of new office space, and thousands of new units. This, in a city that is already stretched to water capacity.

“Santa Monica’s 35-year-long over-development has created water scarcity, endless traffic jams, and an unsustainable future. This cannot continue.”
The other features of McKinnon’s Deep Green Policy include: — Making Santa Monica carbon-neutral by 2030, including all modes of transportation and industry. — Creating a City utility to supply 100 percent renewable energy within five years.
— Insisting that all new buildings be LEED Platinum. — Toughening new rules for Average Vehicle Ridership to force commercial and retail interests to cut daily car usage and trips. — Establishing rules for new development to safeguard scarce water resources.

McKinnon said climate change must be recognized and dealt with.

“There has been an ongoing 30-year cutback of residential water to allow huge, new commercial development and thousands of new apartments,” McKinnon said. “This must stop. Santa Monica is about to lose its skyline to luxury hotels and receive almost nothing in return. Our regionally-important and famous beachfront will be unrecognizable. To continue to build on is folly.”

McKinnon is a renter, small business owner, and former Parks & Recreation Commissioner. He currently serves on the Santa Monica Planning Commission, where he said he works to improve the quality of life in the city.

A committed environmentalist, McKinnon is the former Chair of “Bike It!” Day.He has been a leader in several non-profit organizations within the Santa Monica school system. McKinnon and his family immigrated to the United States from Australia 14 years ago, saying they are “proud to call Santa Monica home.”

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BOARD OF NE NEIGHBORS OPPOSES H AND HH BALLOT MEASURES

Given the strong opposition voiced by our members, the Board of Northeast Neighbors has voted to oppose ballot measures H & HH.

While our members consider maintaining the affordability of housing in Santa Monica to be an important policy objective of our city, in our view the combined ballot measures H & HH are not the right approach to achieve this goal.

Advocates of H & HH state that the increased fee would affect only “the very affluent.” In fact, H & HH combined would impact long-term members of our community of modest and low income whose homes may be their only asset to provide security in retirement. Increased transfer tax fees would also make new homeownership less achievable. Families whose mortgages are “under water” and seniors who may need to sell their homes for long term care would experience this increased fee as a heavy burden.

Santa Monica already has one of the highest transfer tax rates in the state. Additionally, measures H & HH have no sunset clause, which means the increased fee would go on forever.

To increase the cost of housing in the name of increasing the affordability of housing makes no sense.

NOT-YOUR-TYPICAL-CANDIDATES’ FORUM ON SUNDAY

The Committee for Racial Justice (CRJ) will hold a community forum
for candidates running for Santa Monica’s College Board of Trustees,
SM/MUSD School Board and Santa Monica City Council on Sunday, Octo-
ber 19.

College professor and psychologist Karen Gunn, will moderate the evening
which will focus on non-typical concerns of residents, such as, educating
the culturally diverse students of SMMUSD and SMCC, addressing the commer-
cial growth in historical neighborhoods, homelessness, and pubic safety’s
response to the city’s diverse community.

Gunn is a community and organizational psychologist with over 20 years exper-
ience as a manager, administrator, teacher and trainer in the public, private
and volunteer sector. As a featured speaker and facilitator, she has present-
ed programs on community and organizational development, human resources, stra-
tegic planning and leadership. She is an active practitioner and research con-
tributor in the areas of program evaluation, human relations, cross-cultural
skills, needs assessment and empowerment.

Dr. Gunn has taught at the graduate and undergraduate levels for over 20 years,
and been a faculty member of the Psychology Department at Santa Monica College
since 1985.

The forum will take place at the Church in Ocean Park, 235 Hill Street, Santa
Monica on October 19th from 4:00 to 8:30. The Santa Monica College Trustee candidates are scheduled for 4:00 pm, SMMUSD School Board candidates at 5, and
City Council candidates at 6:30 pm.

The Committee for Racial Justice is a non-partisan group focused on supporting residents in addressing the needs of our communities through collaboration, communication, and education. The group was originally formed in August 2012
by a core group of parents, neighbors, and community leaders in Santa Monica.
It holds monthly workshops on a variety of relevant issues. Everyone is wel-
come to participate.

CHAMBER GRILLS CITY COUNCIL CANDIDATES TUESDAY

A forum featuring all 14 Santa Monica City Council candidates will be held
Tuesday, Oct. 21 from 6:30 pm to 9 pm (program begins 7 pm). It will be held
at Cross Campus, which is located at 929 Colorado in Santa Monica.

As parking is extremely limited, a free shuttle will operate from 5:45 pm at
the Main Library, 601 Santa Monica Boulevard. Only attendees with disabled
placards will be permitted to park at the venue’s parking lot. Parking rates
at the library are $1 per hour for the first two hours and 30 minutes. After
that, the rate is $1 per 30 minutes.

The forum is co-sponsored by the Santa Monica Chamber of Commerce and the SM Mirror, a piquant partnership.

To attend, RSVP to events@smmirror.com.

SMMUSD Board / SMC Board
A forum featuring all seven SMMUSD Board of Education candidates and six SMC
Board of Trustees candidates will be held Wednesday, Oct. 22. It will be
held at the Santa Monica Main Library’s Martin Luther King Auditorium, which
is located at 601 Santa Monica Boulevard from 5:30 pm to 8 pm (program begins
6 pm).

Parking rates at the library are $1 per hour for the first two hours and 30
minutes. After that, the rate is $1 per 30 minutes.

The forum is co-sponsored by the Santa Monica Chamber of Commerce. To attend,
RSVP to events@smmirror.com.