Tag Archives: Fercockt Mishegoss

The Actual Mechanism By Which Suzanne Holley And The Central City Association Strangled The Incipient Street Vending Ordinance In Its Cradle By Sneaking In Unilateral Councilmember Opt-Out On Behalf Of BIDs, The Role In This Debacle Played By Criminal Conspirators Jessica Borek and Matt Rodriguez, And How The Council Messaged It To BIDs

The Wicked Witch of the Southeast corner of Wilshire and Hope giving instructions to her flying monkeys.
Recall that I’ve been tracking the hysterical, irrational opposition of LA’s business improvement districts to the ongoing process of legalizing (some aspects of) street vending in the City since the Spring of 2015. A truly astonishing level of bitching and moaning in 2015 stalled out the whole process for most of 2016 because, I believe, everyone was too freaking sick of the whining and the carefully orchestrated lying on any number of occasions and the City just needed a rest.
A man arrested, transported, and handcuffed to a bench by the Andrews International BID Patrol in Hollywood for selling umbrellas on the street. At least it appears that this horror show is over, although I wouldn’t be surprised if there are even more loopholes and it’s not over at all.
Until the November election of Donald Trump and his subsequent threats to deport essentially anyone, U.S. citizen or not, who’d ever smiled while thinking of eating a taco spurred the Council into action on at least the small part (small but in no way insignificant) of the plan to decriminalize illegal street vending so that, no matter how much trouble the zillionaires might cause the heladeros, at least they wouldn’t be subject to arrest and subsequent deportation. That bit seemed urgent enough to pass Council outright, and even the anti-vending forces of the zillionaire elite seemed to realize that they were just going to be exposed as the nasty little mean creeps that they are if they fought back on this particular issue. However, the Council put off acting on an actual legalization framework until later.

But recall, as I reported in January, the instructions for the report-back were altered from the original, and quite sensible,1 request for

A process to create special vending districts to be initiated by Council, the Board of Public Works, or petition (with signatures from 20 percent of property owners or businesses in the proposed district), based on legitimate public health, safety and welfare concerns that are unique to specific neighborhoods with special circumstances.

to a request for language

Providing the City Council the ability to opt out of certain streets by Council action.

At that time I didn’t understand yet how this had all taken place, but now I’ve accumulated enough documentary evidence that it’s possible to sketch out a picture. The short version is that in December 2016, Suzanne Holley, at that time acting Executive Director2 of the Schatzian horror show known as the Central City Association of Los Angeles, wrote a letter to the City Council telling them to make the change. This was distributed to the BIDs via the BID Consortium. They all told their pet Councilmembers to change it. It got changed, and all the BIDs rejoiced, some of them quite publicly. The consequences of this are going to be horrific, and whatever street vending framework gets put in place will be DOA. Details and evidence after the break.
Continue reading The Actual Mechanism By Which Suzanne Holley And The Central City Association Strangled The Incipient Street Vending Ordinance In Its Cradle By Sneaking In Unilateral Councilmember Opt-Out On Behalf Of BIDs, The Role In This Debacle Played By Criminal Conspirators Jessica Borek and Matt Rodriguez, And How The Council Messaged It To BIDs

It Appears That East Hollywood BID Director Nicole Shahenian Lied To Los Angeles City Clerk Holly Wolcott About The Circumstances Of The Preparation Of The EHBID’s 2015 Annual Planning Report And, As Shahenian Was A Registered Lobbyist At The Time, Thereby Violated LAMC 48.04(B)

Nicole Shahenian, you got some splainin’ to do!
The background to this post is unavoidably technical and lengthy. If you’re already familiar with the Annual Planning Report process for BIDs as mandated by Streets and Highways Code §36650, you may want to skip directly to the report I submitted to the City Ethics Commission this morning.

One requirement that the Property and Business Improvement District Law places on BIDs, found at §36650, is the submission of annual planning reports (“APRs”) to the City Council:

The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. … The report shall be filed with the clerk … The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified.

And it seems that the BID isn’t allowed to spend money on stuff that’s not discussed in the APR, so it’s not a trivial matter.

The way this piece of code plays out in Los Angeles is that, first, a BID director submits the APR to the Clerk along with a formulaic cover letter. For instance, here is the one submitted by Nicole Shahenian on December 30, 2014 to accompany the East Hollywood BID’s APR for 2015. This is essentially the same letter submitted by all BIDs:

Dear Ms. Wolcott:
As required by the Property and Business Improvement District Law of 1994, California Streets and Highways Code Section 36650, the Board of Directors of the East Hollywood Business Improvement District has caused this East Hollywood Business Improvement District Annual Planning Report to be prepared at its meeting of December 29, 2014.

And don’t forget that state law requires the City Council to adopt the report either with or without modifications. In Los Angeles this part of the process is initiated by the Clerk sending another form letter to City Council, recommending that they adopt the BID’s APR. It’s my impression that the Clerk doesn’t recommend modifications to the report at this stage. These seem to be handled by Miranda Paster before the APR is submitted to Council, as in this example involving the Media District BID. Anyway, take a look at Holly Wolcott’s January 14, 2015 recommendation to City Council with respect to the East Hollywood BID’s APR. Like every such document, this states:

The attached Annual Planning Report, which was approved by the District’s Board at their meeting on December 29, 2014, complies with the requirements of the State Law and reports that programs will continue, as outlined in the Management District Plan adopted by the District property owners.

And it goes on from there to recommend:

That the City Council:

  1. FIND that the attached Annual Planning Report for the East Hollywood Property Business Improvement District’s 2015 fiscal year complies with the requirements of the State Law.
  2. ADOPT the attached Annual Planning Report for the East Hollywood Property Business Improvement District’s 2015 fiscal year, pursuant to the State Law.


But there are a number of problems with this story. First, it appears that the East Hollywood BID Board of Directors did not actually meet on December 29, 2014. In fact, it appears that they did not meet at all in December 2014. Of course, it’s notoriously difficult to prove a negative, but I’m going to give it a go.
Continue reading It Appears That East Hollywood BID Director Nicole Shahenian Lied To Los Angeles City Clerk Holly Wolcott About The Circumstances Of The Preparation Of The EHBID’s 2015 Annual Planning Report And, As Shahenian Was A Registered Lobbyist At The Time, Thereby Violated LAMC 48.04(B)

The Revenge Of Brandi Scimone-Pearson’s Horse: Jasmyne Cannick Sues City of Los Angeles, Charlie Beck, Alleging Retaliation For, Inter Alia, Her My-Little-Ponygate Stories

Jasmyne Cannick.
The Los Angeles Times reported yesterday that the most excellent local LAPD critic Jasmyne Cannick1 filed suit against the City of Los Angeles and LAPD Chief Charlie Beck last week. The suit alleges, completely plausibly, that the LAPD arrested her during November 2014 protests about the shooting of Michael Brown, the same series of protests, incidently, which gave rise to Chua v. City of LA, in retaliation for her highly critical reporting on the LAPD in general and Charlie Beck in particular.2

Anyway, the Times story is great as far as it goes, but, as usual, it doesn’t contain much of the wonky details that we love around here. It doesn’t even mention that the suit was filed in Federal Court. But it was, and I went out and got copies of the primary sources:

I’ll collect filings here in static storage, which you can also get to kind of from the menu structure. At some point in the next few days I’m going to reorganize the Lawsuits submenu, and at that time I’ll probably add a dedicated page for these records. Read on for some selections if you don’t like PDFs.
Continue reading The Revenge Of Brandi Scimone-Pearson’s Horse: Jasmyne Cannick Sues City of Los Angeles, Charlie Beck, Alleging Retaliation For, Inter Alia, Her My-Little-Ponygate Stories

Hollywood Media District BID’s Shocking Conspiracy to Violate Lavan Injunction on Willoughby Avenue Abetted by Highest Levels of LA City Government

Homeless encampment on Cole Avenue south of Willoughby Avenue
Homeless encampment on Cole Avenue south of Willoughby Avenue in November, 2014
We have written before about the January 2015 conspiracy comprising indefatigably feckless dudebro Steven Whiddon and various city officials, including LA City Council District 13 field deputy Dan Halden, to (probably illegally, certainly immorally) use the threat of powerwashing sidewalks outside of the Public Storage building at the corner of Willoughby and Cole as a means of removing homeless people and their possessions, in violation of both human decency and the Lavan injunction. Today we have an email chain from November 2014 which illuminates the origins of the conspiracy and also demonstrates that LA City Council District 4 operatives as well were involved in the furtherance of these misdeeds.

Indefatigably feckless dudebro Steven Whiddon, wearing his sunglasses after the manner of his tribe.
The face of conspiracy: Indefatigably feckless dudebro Steven Whiddon, wearing his sunglasses after the manner of his tribe.

We join the sordid story on November 6, 2014, when someone named Marvin Cruz emailed Universal Protective Services security wallah John Irigoyen, CC-ing hmd.acevedo@yahoo.com, sgt.m4te@yahoo.com, and someone named Damien Reed, stating somewhat obscurely that:

There is alot [sic] of trash dumping here accross [sic] from 832 cole( public storage side). Also multiple 647I’s that block the aide [sic] walk. Can u [sic] contact HBT for the trash and maybe also lapd to come andtake [sic] contact with the idas.

Subseqently Captain John forwarded this report at 1:05 p.m. on November 7th to Steven Whiddon with the message “here is what you requested” prepended. A little over an hour later the conspiracy began to take shape.
Continue reading Hollywood Media District BID’s Shocking Conspiracy to Violate Lavan Injunction on Willoughby Avenue Abetted by Highest Levels of LA City Government