Tag Archives: East Hollywood BID

A Detailed Analysis Of The Cash Flowing In And Out Of Mitch O’Farrell’s Public Benefits Slush Fund — Developers Pay Hundreds Of Thousands Of Dollars For The Privilege Of Building Out-Of-Code Projects — O’Farrell Spends The Money On Projects That Please His Political Supporters — It Seems Unlikely That There’s Any Net Benefit To Anyone But Zillionaires — This Is No Way To Run A City

A developer wants to build a building that’s taller than the local zoning allows, or has less parking than required. Maybe there are pesky historical structures on the proposed site or the new building will attract enough additional traffic to gridlock the streets around it. There are any number of reasons why a given building might not be allowed. It’ll still get built, though.

The developer will just have to pay hundreds of thousands, even millions, of dollars to the appropriate councilmember to get it approved. And these payments are inextricably integrated into our City’s building approval process. One might even suspect, and not without reason, that the ultimate purpose of zoning codes in Los Angeles is to induce developers to pay for exceptions to them.

And it’s not bribery, at least not the illegal kind. The CM doesn’t get to pocket the money. Instead it goes into one of the dozens of City trust funds set up specifically for receiving such monies. Just for instance, Mitch O’Farrell, CD13 repster, has one called the “Council District 13 Public Benefits Trust Fund.” It’s authorized by the Los Angeles Administrative Code at §5.414 ” for the receipt, retention and disbursement of gifts, contributions and bequests for the support of police and community activities within Council District 13.”

The fees are imposed on developers by the City Council at the behest of the relevant CM. To see an example of how this works take a look at CF 07-1379, wherein some developers sought permission to build another mixed-use monstrosity in Hollywood, this one at 1540 N. Vine Street.1 The developers got what they came for, which was Ordinance Number 178,836, authorizing construction. And in there, buried among other conditions, will be found paragraphs 26 and 27, stating how much money they’re going to give to Mitch O’Farrell in exchange for their zoning changes:
Continue reading A Detailed Analysis Of The Cash Flowing In And Out Of Mitch O’Farrell’s Public Benefits Slush Fund — Developers Pay Hundreds Of Thousands Of Dollars For The Privilege Of Building Out-Of-Code Projects — O’Farrell Spends The Money On Projects That Please His Political Supporters — It Seems Unlikely That There’s Any Net Benefit To Anyone But Zillionaires — This Is No Way To Run A City

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Rita Moreno Thinks The “Boundaries Of A BID Must Be Contiguous” — Misty Iwatsu Agrees!! — No! Wait! Rita Moreno Thinks “There’s No Legal Requirement That The Boundaries Be Contiguous”! — Whichever It Is, We Think That Rita Moreno (A) Is Practicing Law Without A License And Ought To Stop It Right Now Cause It’s Illegal And She’s Confusing Everybody And (B) Does Not Know What The Word “Contiguous” Means

OK, I’m sorry, this post is on kind of a technical subject, but I think it’s important and also it reveals a kind of weird off-handed incompetence amongst the City Clerk’s BID analyst staff that I think is worth memorializing. The central issue is whether the Property and Business Improvement District Act of 1994 requires a BID to be in one piece. I’m going to use the technical term “connected” here.1

It’s not just an idle question, either. You may recall that the proposed Hollywood Route 66 BID runs up Santa Monica Blvd. from Vine Street to Hoover Street. The problem is that Vermont Avenue crosses Santa Monica right in the middle of that stretch, and every building that touches Vermont is already included in the East Hollywood BID.

Regardless of what the PBID law has to say about connectedness of BIDs, it’s very, very clear on the fact that BIDs can’t overlap.2 Hence commercial buildings on both Santa Monica and Vermont must be excluded from the Hollywood Route 66 BID, which leaves its territory disconnected. Plausibly, also, the EHBID could cede those buildings to the Route 66 BID, but, interestingly, doing so would leave the EHBID disconnected, so nothing would be gained. Here’s a copy of the map if it’ll be useful.

Thus a correct understanding of what the law allows is essential for the formation of at least that BID, and probably others in the future. And I’m not a lawyer, but I read the whole damn PBID law about a zillion times and the connectivity of a BID is not mentioned in there at all. It’s my not-a-lawyer understanding that if a law doesn’t explicitly forbid something then that something is allowed.

But the famous Rita Moreno of the City Clerk’s Neighborhood and Business Improvement District division didn’t agree with me in 2017! Then she did agree with me in 2018! And Misty Iwatsu spent some time in 2016 babbling on about the matter and thought 2017 Rita Moreno was right! And Rita Moreno didn’t just think, she advised! And it strikes me that her advice looked an awful lot like practicing law without a license, which is illegal in California!3

And of course you want to see details! And primary sources! Turn the page and there they are!!
Continue reading Rita Moreno Thinks The “Boundaries Of A BID Must Be Contiguous” — Misty Iwatsu Agrees!! — No! Wait! Rita Moreno Thinks “There’s No Legal Requirement That The Boundaries Be Contiguous”! — Whichever It Is, We Think That Rita Moreno (A) Is Practicing Law Without A License And Ought To Stop It Right Now Cause It’s Illegal And She’s Confusing Everybody And (B) Does Not Know What The Word “Contiguous” Means

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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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More Eye-Poppingly Implausible Deliberative Process Exemption Claims By Attorney Briggs, BID-Addled Self-Proclaimed 36th Level Shaolin Black Belt CPRA-Fu Master — Not!

Recently, first on February 8, 2018 and then again on February 17, 2018, I’ve published some sets of emails for which self-proclaimed Hollywood Superlawyer Jeffrey Charles Briggs had at some point in the past claimed were exempt from production via the California Public Records Act due to the half-delusional common law principle known to the zillionaire elite and their minions as the Deliberative Process Exemption.

Both of those sets of documents were collateral fallout from an almost-concluded writ petition I was forced by Briggs’s bizarro intransigence to file against his client, the Hollywood Media District. Today, though, I have yet another set, this batch from the East Hollywood BID. They are also a client of Briggs, moved not only to bizarro intransigence but to a freaking intransigential paradigm shift by Briggs’s newly emboldened stance against simple compliance with the law.1

There are two quite distinct parts to this story. First, there are the actual emails that Briggs Esq. claimed to be exempt. Along with those goes much more than a modicum of mockery. Second, there’s the story of the CPRA request itself and how Attorney Briggs cannot for the freaking life of him just tell his client to follow the damn law because it’s easier for everyone in the long run. Turn the page for an obsessively detailed discussion of the first part.2
Continue reading More Eye-Poppingly Implausible Deliberative Process Exemption Claims By Attorney Briggs, BID-Addled Self-Proclaimed 36th Level Shaolin Black Belt CPRA-Fu Master — Not!

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Ahahahaha And LOL!!! Ellen Riotto Of The South Park BID Is Now Taking Sensitive Legal Advice From Internet Randoms At This Blog!!!

The Brown Act contains many wonderful treasures, but one of the wonderfullest is to be found at §54954.1, which states unambiguously that:

Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. … Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first.

I ask many of my BID friends to send me these notifications and their agenda packets. It really seems to piss most of them off.1 I don’t feel bad for asking BIDs to comply with the law, though. After all, it’s voluntary on their part and they’re making an awful damn lot of money out of it.

So anyway, our friends at the South Park BID are reasonably cooperative about complying with the law. They invited me to sign up for their public mailing list, which I did. It’s an open question as to whether this is compliance, since the law requires notifications to be sent at the time that the board receives them, but this presently seems too minor to quibble over. On the other hand they spout an awful lot of spam through that account, and clearly I shouldn’t be required to sort through the junk just to be able to receive notifications that they’re legally mandated to send. Again, though, this is an argument for another day.

However, it turns out that the South Park BID does distribute packets to its board of directors in advance of the meetings and also that those are not available via the public mailing list. I only found out about this recently, so I wrote to the BID boss ladies and asked them to send them goodies my way!

After some nonsense with them interrogating me mercilessly about which email address I wanted the board packets sent to,2 we got all the details ironed out. And after that, my friends, it must follow, as the night the day, that I ended up sending Ellen Riotto some of my sage legal advice and, amazingly, she ended up taking it!3 Read on for the details and a bunch of emails!
Continue reading Ahahahaha And LOL!!! Ellen Riotto Of The South Park BID Is Now Taking Sensitive Legal Advice From Internet Randoms At This Blog!!!

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East Hollywood BID Poised To Advocate For Cop-Sponsored Delusional Anti-Prop-47 Pro-Death-Penalty Propaganda Presentation At January 16 Board Meeting, Thereby Just About Stretching Their State-Law-Mandated Local-Activities-Only Restriction To The Freaking Limit And Beyond

One of the most neglected aspects of the Property and Business Improvement District Act, the fons et origo of the state’s grant of authority to establish, regulate, and control BIDs, is a limitation found in §36625(a)(6), which states:

The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

This places two essential limitations on how BIDs are allowed to spend the money they collect from property owners.1 First, BIDs must only spend their money on stuff inside their districts, and second they must only spend it on activities specified in the resolution of intention to form the district. In the City of Los Angeles, at least, these activities are specified by incorporating the BID’s management district plan, which is filed with the City Council at some point prior to the BID’s formation, into the ordinance of intention.2

Now, if you follow this blog even half-heartedly, you’re well aware that this statute is completely flouted by BIDs in the City of Los Angeles. For instance, Blair Besten’s lobbying over Skid Row, which isn’t part of the Historic Core BID at all, not to mention Hurricane Kerry Morrison’s indefatigable lobbying everyone in the whole freaking universe over reforms to the Public Records Act.

And of course, all of them, every last delusional white supremacist BID in the whole freaking City of Los Angeles lobbying3 against Proposition 47, a particularly half-witted example of which can be found here. Which brings us to today’s subject, which is that squarmy little love child of Jeff Zarrinnam and David Miscavige known to the world as the East Hollywood BID.

It seems that at their upcoming meeting,4 at least according to the agenda, they’re poised to discuss the following item:

Presentation on the Reducing Crime and Keeping California Safe Act of 2018…………….Michael Ziegler, Public Safety Consultant, Assemblymember Jim Cooper

And turn the page for details and discussion!
Continue reading East Hollywood BID Poised To Advocate For Cop-Sponsored Delusional Anti-Prop-47 Pro-Death-Penalty Propaganda Presentation At January 16 Board Meeting, Thereby Just About Stretching Their State-Law-Mandated Local-Activities-Only Restriction To The Freaking Limit And Beyond

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How The East Hollywood BID, Drunk On White Privilitude And Zillionairity, Not Only Confessed Openly To Their Plans To Hold An Illegal Meeting But Their Boss Flunky, Jacob Jauregui, Even Argued With And Condescended To Me When I Was Kind Enough To Warn Him And His Damn Lawyer In Advance Rather Than Reporting Them To The Duly Constituted Authorites — And Then They Took My Good Advice And Cancelled Their Damn Meeting!

OK, I have a tiny little story for you about a tiny little BID, the East Hollywood BID, located in beautiful EHo, a toponym commonly used by no living human being ever for East Hollywood.

On December 20, 2017, at 4:26 p.m., East Hollywood BID Boss Flunky Jacob Jauregui1 sent out an email to the EHBID mailing list announcing a special meeting to be held by teleconference on Friday, December 22.2 I noticed that there was no physical location given in the announcement or on the agenda. However, the Brown Act explicitly forbids this. See §54953(b), which requires that if teleconferencing is used there must by physical locations which are open to the public at which they can participate in the meeting.

So for a while I thought I’d wait till they held the illegal meeting and then turn them in to the Public Integrity Division of the Los Angeles County District Attorney. But then, moved perhaps by the true spirit of Christmas,3 I decided to let Jacob Jauregui know of his BID’s impending transgression and give them all a chance to do the right thing for once.
Continue reading How The East Hollywood BID, Drunk On White Privilitude And Zillionairity, Not Only Confessed Openly To Their Plans To Hold An Illegal Meeting But Their Boss Flunky, Jacob Jauregui, Even Argued With And Condescended To Me When I Was Kind Enough To Warn Him And His Damn Lawyer In Advance Rather Than Reporting Them To The Duly Constituted Authorites — And Then They Took My Good Advice And Cancelled Their Damn Meeting!

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110 New Emails Between The City of LA And The East Hollywood BID Reveal Essentially Nothing About Anything, As Do The BID’s Bylaws — Also A Bunch Of Advertising Slash Branding Bullshit From The Fashion District Is Easy To Mock But Not So Informative After All

Ah, friends, just another desultory announcement of yet another batch of public records obtained from our friends at the BIDs, the meaning of none of which is yet clear, but we don’t let that worry us here in MK-dot-Org-landia. Everything happens for a reason, as they say, and I’m sure all this junk is no exception and some day it will prove to comprise crucially important pieces in puzzles whose very existence is as yet undiscerned. But for now I’m just announcing its existence, and do with it what you will. Anyway, here’s what I got:

  • Emails between the East Hollywood BID and the City of LA — March 2017 through July 2017. There are 110 emails here, attachments are attached to the emails, it’s amazing how empty of content this batch is. About 84% of them consist of Nicole Shahenian trying to get people to use her new email at ehbid.org. I don’t know for sure but I’d bet money that she made this switch because of my CPRA requests. Also, Aram Taslagyan’s replacement as CD13 East Hollywood field deputy introduces himself herein, but I already forgot his name.

And turn the page for the rest of the junk and more random commentary!
Continue reading 110 New Emails Between The City of LA And The East Hollywood BID Reveal Essentially Nothing About Anything, As Do The BID’s Bylaws — Also A Bunch Of Advertising Slash Branding Bullshit From The Fashion District Is Easy To Mock But Not So Informative After All

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In June 2017 The East Hollywood BID Board Of Directors Approved Minutes From Five Of Its 2016 Meetings. Here’s How I Think That Came About And Some Speculation On What It Might Mean

Maybe you remember that in March of this year I noticed that Nicole Shahenian, executive directrix of the East Hollywood BID, seems to have told the City of Los Angeles a lie with respect to the BID’s 2015 annual planning report.1 Briefly, the problem was that Shahenian submitted a letter to the City claiming that the Board had approved the report at its meeting of December 29, 2014, but my collection of minutes suggested that the Board had not met in December 2014.

This fact in itself seems to have some serious ramifications, my theories concerning which you can read all about in the original post. But the discovery of this ghost meeting led me to scrutinize my collection of EHBID minutes more closely. This closer look revealed that a number of meetings from 2016 seemed to have taken place but their minutes seemed never to have been approved by the Board. So in March 2017 I asked EHBID lawyer extraordinaire2 Jeffrey Charles Briggs Esq. for copies of all the ones that appeared to be missing.
Continue reading In June 2017 The East Hollywood BID Board Of Directors Approved Minutes From Five Of Its 2016 Meetings. Here’s How I Think That Came About And Some Speculation On What It Might Mean

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