Tag Archives: Contracts

Two Very Interesting Records For Release — The Contract Between The City Of Los Angeles And Civitas Advisors For Establishment Of The Hollywood Route 66 BID — Shedding Light On Intersection Between BID Consulting And Lobbying — Also On Exactly What Role The Engineer Plays In Establishment Process — And February 2018 Feasibility Report Produced By Civitas

There seem to be two distinct ways that BIDs get started in Los Angeles. One is that a bunch of property owners want to start one, they talk to their council rep or the City Clerk, hire a consultant, and go through the process we’ve all come to know and love. But it seems that sometimes the City takes the initiative, they hire their own consultant, and as part of their duties, the consultant puts together a proponent group.

That seems to be what’s going on with the infamous Echo Park BID, and it’s also the way that the Hollywood Route 66 BID is being formed.1 Both of these establishments are being handled by OG2 BID consultancy Civitas Advisors. And as you may recall, a good citizen of Los Angeles recently supplied me with a massive set of emails between Civitas and the City Clerk‘s office.3

And buried amongst the interminable babbling about God-knows-what-all4 I uncovered a couple of really interesting gems. First, there is the contract between the City and Civitas for establishing the Hollywood Route 66 BID, and second there is a feasibility study for the BID prepared by Civitas in February 2018.5 Both of them have a lot to tell us about how BIDs get started and function in Los Angeles! Turn the page for excerpts and discussion.
Continue reading Two Very Interesting Records For Release — The Contract Between The City Of Los Angeles And Civitas Advisors For Establishment Of The Hollywood Route 66 BID — Shedding Light On Intersection Between BID Consulting And Lobbying — Also On Exactly What Role The Engineer Plays In Establishment Process — And February 2018 Feasibility Report Produced By Civitas

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In 2016 The City Of Los Angeles Revised Its Standard BID Administration Contract To Remove Language About Complying With CPRA And The Brown Act — Which Is Yet Another Example Of The City Refusing To Hold BIDs Responsible For Complying With Any Laws Whatsoever — It’s Not Clear What Effect This Will Have On Anything — They Certainly Did It In Response To My Activities, Though, For What That’s Worth

Regular readers of this blog are well aware that business improvement districts in California are subject to the California Public Records Act and to the Brown Act by virtue of the Property and Business Improvement District Law at §36612, which states explicitly that BIDS … shall comply with the Ralph M. Brown Act … at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act … for all records relating to activities of the district.1

Also, maybe you recall that the standard contract that BIDs sign with the City of Los Angeles contains2 a clause basically repeating this requirement. There’s a transcription of this section after the break. So in March 2016, faced with blatant disregard of the CPRA by the Downtown Center BID, I wrote to the City Clerk, Holly Wolcott, asking her to enforce the terms of the City’s contract with this obstructionist BID.

And on March 14, 2016, she wrote back to me, stating pretty clearly that she wasn’t going to make sure that BIDs complied with the Public Records Act. Again, there’s a transcription of her response after the break, but her main argument was that the City wasn’t obligated by the contract to consider whether a given BID was complying with the CPRA.

And I thought that was the end of it, but I just recently discovered that actually, it’s likely that the City took my argument much more seriously than anyone was letting on. So seriously, in fact, that in April 2016 the City Attorney completely rewrote the standard contract between BIDs and the City to eliminate all language about CPRA and the Brown Act!
Continue reading In 2016 The City Of Los Angeles Revised Its Standard BID Administration Contract To Remove Language About Complying With CPRA And The Brown Act — Which Is Yet Another Example Of The City Refusing To Hold BIDs Responsible For Complying With Any Laws Whatsoever — It’s Not Clear What Effect This Will Have On Anything — They Certainly Did It In Response To My Activities, Though, For What That’s Worth

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News Flash! Venice Beach Property Owners Association Contract With The City Of Los Angeles To Administer The Venice Beach BID Was Attested Yesterday (But As Of Right Now Is Not Available Online)

Game on in Venice!
UPDATE: The signed contract is now available online.

There’s not much to say here. It’s Contract number C-129375, and I assume a PDF of it will show up at that link at some point in the future. I also assume that this means that the Venice Beach BID is finally going to commence operations, so let’s get ready for action, friends!
Continue reading News Flash! Venice Beach Property Owners Association Contract With The City Of Los Angeles To Administer The Venice Beach BID Was Attested Yesterday (But As Of Right Now Is Not Available Online)

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More than 200 MB Of New Hand-Scanned Documents From Figueroa Corridor BID and North Hollywood BID, Heavily Redacted For No Discernable Reason, But Interesting Nevertheless!

For the last few months I’ve been posting a lot of records from:

But I haven’t discussed the fact that these releases weren’t complete. In each case, Aaron Aulenta of Urban Place Consulting, who seems to be in charge of both of these BIDs, claimed numerous exemptions to the Public Record Act and told me that there was a bunch of material that he was printing out and redacting by hand on the basis of these exemptions.

Well, for various reasons I wasn’t able to get over to the offices of the FCBID to look at this stuff until Tuesday. Aaron Aulenta was kind enough to let me scan it instead of paying the usual outrageous copying fees that BIDdies habitually claim to be allowed to collect, and, after some minimal processing, I’m pleased to announce that it’s now available on Archive.Org. There’s some pretty interesting stuff in there, but it turns out that in this case the most interesting stuff is what’s not in there.

That is to say, the most interesting aspect of this release is what Aaron Aulenta thought that he was justified in redacting. Perhaps you recall that the California Public Records Act only allows for material to be redacted or withheld if one or more of the explicit enumerated exemptions to be found in the statute applies. There’s one exception to this principle, to be found in the infamous §6255(a), which states:

The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.

As you can imagine, BIDdies1 freaking love this last bit. It’s the most abused section of the law, with BIDdies, stoned out of their minds on white privilege and steeped in their delusional2 theory that laws are written and enforced for no better reason than to preserve and augment their power and wealth, claiming randomly that pretty much any piece of information they feel might embarrass them or their lackeys is exempt under this so-called public interest exemption.

For your future reference, there are at least two dispositive signs that this clause is being misused. First, they will refuse to state what public interest they feel is clearly being served by their withholding of the information. You’ll note that the law requires them to make this judgment on the particular facts of the case, which do not, can not, include a vague wave of the hand towards a claim of “I don’t heart that.”

Second, they will state semantically empty summary phrases which purport to refer to actual exemptions but, in fact, do not. Aaron Aulenta’s favorite of these seems to be “the benefit does not outweigh the burden.” It’s not exactly clear what the hell he’s thinking when he says this, and getting my hands on all these redacted documents has made it less rather than more clear, as you will see from the specific examples to be found after the break.
Continue reading More than 200 MB Of New Hand-Scanned Documents From Figueroa Corridor BID and North Hollywood BID, Heavily Redacted For No Discernable Reason, But Interesting Nevertheless!

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The Story Of How The Central City East Association Evidently Violated City Ethics Laws Restricting Campaign Contributions, Gave Illegally To Mitch O’Farrell and Marqueece Harris-Dawson In 2015, Lied About It On Their Tax Form, And I Turned Them In To The IRS And The Ethics Commission

CCEA: The truth may be out there but it’s not out there on our tax forms.
This story begins with the fact that the Central City East Association, which runs the infamous Downtown Industrial District BID, contributed $700 each to two City Council candidate campaigns in 2015. The money was given to Mitch O’Farrell of CD13 and Marqueece Harris-Dawson of CD8. You can see the record at the City Ethics Commission and also if it’s more convenient, here is a PDF of the same information.

This turns out to be a huge problem for a number of unrelated reasons. First and most simply, the CCEA is a nonprofit 501(c)(6) organization. Unlike the more famous 501(c)(3) organizations, 501(c)(6) groups are allowed to engage in lobbying, but it’s unclear whether they’re allowed to support candidates for office.1 However, irrespective of any restrictions on donations, there are very clear reporting requirements.

Take a look at the CCEA’s 2015 tax form. In particular, take a look at question 3 of part IV, found on page 3 of the form. It asks unambiguously:

Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office?

And, as you can see in the image that appears somewhere near this paragraph, the CCEA unambiguously stated that they did not. It’s hard to imagine a less ambiguous form of direct political campaign activities than giving actual money, amirite? Hence I turned them in to the IRS and also to the Franchise Tax Board for this lacuna. Stay tuned in case anything happens!

And it turns out that there are some more subtle, but potentially equally serious, problems with these two donations involving various municipal laws. Turn the page for the highly sordid but highly technical details!2
Continue reading The Story Of How The Central City East Association Evidently Violated City Ethics Laws Restricting Campaign Contributions, Gave Illegally To Mitch O’Farrell and Marqueece Harris-Dawson In 2015, Lied About It On Their Tax Form, And I Turned Them In To The IRS And The Ethics Commission

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BID Consortium Minutes 2007-2015 Available, Demonstrating Among Other Things that the City Clerk’s Office Has Utterly Abdicated its Duty to Monitor and Regulate BIDs

city_clerk_logoFor whatever reason I haven’t yet requested many documents about BIDs from the City Clerk, but I’m making up for it now. I’ve started a page here to collect the material. This morning I have minutes from L.A. BID Consortium meetings from 2007 through 2015:

And this material is also available on the Archive.
Continue reading BID Consortium Minutes 2007-2015 Available, Demonstrating Among Other Things that the City Clerk’s Office Has Utterly Abdicated its Duty to Monitor and Regulate BIDs

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Contracts between HPOA and Andrews International Security Now Available

This picture has nothing to do with anything in this post.
This picture has nothing to do with anything in this post.
I am pleased to announce the availability of the 2007-2012 and the 2013-2018 contracts between Andrews International Security and the Hollywood Property Owners Alliance as well as the proposal that A/I submitted in 2012 in order to win that most recent contract. These are available here or directly from our static storage here.

The Berlin Wall image is public domain and available here from the lovely openclipart.org.

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