The only reason that this blog even exists is that business improvement districts in California are subject to the California Public Records Act. And the first part of the story of how this came to be is fairly well known. In 1998 Hollywood property owner Aaron Epstein wanted to attend meetings of the Hollywood Property Owners’ Alliance1 and Kerry Morrison, who then as now would willingly brook no interference in her proprietary demesne, told him to go pound sand.
But that opinion isn’t the only authority that subjects BIDs to transparency laws. There is also the famous §36612 of the PBID Law of 1994, which states in no uncertain terms that BIDs are subject to both the Brown Act and the CPRA.3 It also states explicitly (and ominously) that BID board members and staff are not public officials. Obviously this section was added by the legislature after the Epstein ruling, but I never took the time to investigate the history.
Until now, that is. And what an obvious-after-the-fact surprise it was to find that the bill that added that section was written by none other than Jackie Goldberg, who as CD13 Councilmember during the formation of the Hollywood Entertainment District BID was known to have a great deal of blood on her hands already.4 But by March 2001, when Epstein was finally decided, Goldberg was in the Assembly, so naturally it was to her that the BIDdies, emotionally traumatized by the court’s decision,5 went running for comfort.
And in response to their pleas Goldberg introduced AB 1021 (2001) to coat the bitter pill of Epstein with some soothing syrup and to codify these changes in §36612 of the PBID law even while acknowledging that the legislature wasn’t going to be able to change the court’s holding 6 And I recently obtained a copy of the bill analysis prepared at the time for the Assembly’s Committee on Local Government to help them understand what they were voting for.7 Therein are laid out not only the provisions of the new law, but the complaints of the BIDdies, so the connection is perfectly clear.
The main concessions to the BIDdie agenda found in the code section are the explicit statement that BIDs are private corporations and that neither BID boards nor staff can be considered public officials for any reason. This last bit is tied in to the BIDs’ fear that board members might be subject to California’s political reform act and to Government Code §1090 and therefore to various ethics restrictions and financial disclosure requirements, although it’s not really clear to me that the language has that effect. I’m no kind of expert, though.
Maybe you’ve heard about the impending move of Honda of Downtown Los Angeles to a gigantic new five story building on Martin Luther King Blvd. at Hoover. Building projects of this size don’t happen in Los Angeles without a lot of involvement of the relevant Council District, which in this case is CD9, repped by Alleged bigamist Curren Price.1 The various negotiations and agreements are typically formalized in a development agreement between the City and the developer, and this is no exception. You can read the whole thing here, although it’s a heavyweight 35MB PDF download, so click with care.
And one of the typical elements of these development agreements is a statement of the public benefits that are expected to result from the project. These typically include financial contributions to this or that cause favored by the Councilmember, introduced by the phrase “Additionally, as consideration for this Agreement, Developer agrees to provide the following…” In this case, there are two of these (found on page 7 of the agreement, here’s a PDF of just the relevant page, also find a transcription after the break).
Originally I thought that this new dealership would be located in the Figueroa Corridor BID, but a glance at their map reveals that the north side of MLK is the BID’s southern boundary, which is why, I suppose, that a new BID is necessary. Anyway, there’s no real moral to this story, although I admit it’s pretty jarring to see the formation of yet another damn BID pitched as a public benefit.
So today the City Council moved forward with CF 13-1493, which, of course, is the famed street vending thing. For a good, objective,1 discussion of today’s developments, take a look at this article in today’s Times by the incomparable Emily Alpert Reyes.2 This is just a brief post to note the fact that the various anti-human opponents of legalized street vending won a major, seemingly unnoticed by anyone but me, victory via amendment in the current version of the motion.
I’ve written before about how everyone from the City that’s involved in the BID formation process not only denies that they actually are involved but also hushes up every possible aspect of their involvement. But once in a while the veil drops and we can see clearly what’s going on at 200 N. Spring Street with respect to the City’s pro-BID activism.
One of the advantages that zillionaires have over humans with respect to City politics is that they can hire innumerable minions to keep up with the firehose of crap spewed forth by City Hall, certainly in an effort to keep the minion-deprived majority too busy to address everything. Which is my half-serious, half-silly1 excuse for only having noticed this evening the two matters addressed in this post.
First we have Council File 14-0903, in which Holly Wolcott asked for and received an “amount not to exceed $100,000 …for a period of two years with two one-year extensions to assist with the creation and implementation and coordination of a Public Information Campaign” having to do with how fricking great BIDs are for the City of L.A. Additionally they’re getting “an amount not to exceed $150,000 … for a period of two years with two one-year extensions to assist with the creation and implementation of a capacity building and leadership training series relative to business improvement districts and create public/private partnerships with other nonprofit organizations..” None of this seems like very much money given (a) the amount of truth they’re going to have to overcome in order to achieve the first goal and (b) the amount of sheer incompetence and bloody-mindedness to achieve the second. Brace yourself for the incoming propaganda!