Tag Archives: Government Code 54952

In 1995 The City Attorney And The Fair Political Practices Commission Both Agreed That BIDs Were Government Agencies And Their Board Members Were Public Officials Subject To The Brown Act And The CPRA — So When Aaron Epstein Sued The City And The Hollywood BID In 1999 Why Did The City Take Kerry Morrison’s Side Even Though They Already Knew Epstein Was Right? — Probably Yet Another Case Of Yielding To Her Every Damn Whim No Matter How Dire The Consequences — Ironically The Same Lawyer, Patricia Tubert, Argued Both Contradictory Sides Of The Dispute

I’ve written many times about the monumental case Epstein v. Hollywood Entertainment District BID and will, I have no doubt, write about it many more times to come. The issue in 1998 was that Hollywood property owner Aaron Epstein thought that he ought to be able to attend BID meetings whereas executive director Kerry Morrison, then at the very dawn of her BIDdological career but as characteristically secretive as ever, refused to let him in to watch his money being spent.

He sued in 1999, claiming that the BID1 was required to comply with the Brown Act by virtue of §54952(c)(1)(A), which makes an entity of the following type subject to its transparency requirements:

A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that … [i]s created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.

The case yielded a monumental opinion from the Court of Appeal, dripping with sarcasm and barely disguised contempt for the weak arguments of the defendants. It’s worth reading in its entirety, or take a look here for selections. But for our purposes here it’s enough to know that both the BID, driven by Ms. Kerry Morrison and her absolute disgust at the possibility of public oversight of her publicly funded activities, and the City of Los Angeles in the person of then-deputy-City-Attorney Patricia Tubert, argued vehemently that the BID was not in any way subject to the Brown Act.

So what a surprise it was, the other day, to obtain a copy of this 1995 report from the Los Angeles City Attorney, authored by none other than Patricia Tubert, which explicitly stated that in the opinion of the City Attorney BIDs were in fact subject to the Brown Act, exactly as the Court of Appeal ruled in 2001 over the City’s objections. And attached to this report was a 1994 opinion issued by the Fair Political Practices Commission in response to an explicit request from none other than the Los Angeles City Attorney which reached precisely the same conclusion.

And not only that but both agencies agreed that BID board members are in fact public officials with respect to these laws and also subject to state prohibitions on conflicts of interest.2 So it’s really a mystery now why in 1998 when Aaron Epstein wanted to attend BID meetings the City of Los Angeles didn’t just tell Kerry Morrison and her infernal board of directors that they had to let him in. Why they spent three long and undoubtedly expensive years defending a position that they already knew to be wrong.

At this late date and because the attorney client privilege between the City and the City Attorney is doubtlessly implicated, we are probably never going to know for sure why they made the obviously wrong decision to defend an indefensible position. But if they were thinking about Kerry Morrison and her weirdo schemes back then like they are now, and why wouldn’t they have been, they wouldn’t have needed any more of a reason beyond Kerry Morrison’s request. Shameful. And harmful. But not a surprise. Turn the page for selected transcriptions.
Continue reading In 1995 The City Attorney And The Fair Political Practices Commission Both Agreed That BIDs Were Government Agencies And Their Board Members Were Public Officials Subject To The Brown Act And The CPRA — So When Aaron Epstein Sued The City And The Hollywood BID In 1999 Why Did The City Take Kerry Morrison’s Side Even Though They Already Knew Epstein Was Right? — Probably Yet Another Case Of Yielding To Her Every Damn Whim No Matter How Dire The Consequences — Ironically The Same Lawyer, Patricia Tubert, Argued Both Contradictory Sides Of The Dispute

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North Figueroa Association Establishes Two Putatively Ad Hoc Committees In Transparent Attempt To Evade Public Scrutiny — It’s Not Clear That Their Brown Act Loophole Theory Is Correct — And They Violated The Brown Act While Forming The Committees — Misty Iwatsu Explains BID Renewal Process To A Bunch Of Ignorant Board Members — Gina Alza Flips The Freakin’ Frick Out When She Learns Misty Iwatsu Won’t Do All The Work — Screams That She Has A Damn Job Already And So Do All The Other Board Members — Take That, Misty!

Oh, for God’s sake! Yesterday the freaking North Figueroa Association called a special meeting.1 As always, I zooped out there on the good old 81 and videotaped the whole damn thing, and you can watch it here on YouTube or here on Archive.Org as you prefer. Here’s the agenda that Misty Iwatsu distributed. There are only two items of business on there, which are:

a. Highland Park BID- Committee formed
b. Personnel- Employee Contract renewal- Committee formed

What’s going on here, it’s pretty clear, is that the NFA can’t stand the scrutiny they’ve been under lately, what with ongoing activism related to their illegal destruction of public art, their über-creepazoidal Facebook stalking of people, their weirdo symbiotic relationship with Cedillo staffer Bill Cody, the world’s oldest field deputy, who, e.g., “handles” the BID’s enemies list, their slavering white supremacy and unconvincing denial thereof, their unprovoked attacks on street vendors, and so on.

And so, instead of reforming their outlaw ways like sane people would do, they’ve taken to canceling their regular meetings in a pathetic attempt to avoid mockery. But they do still have to get some business done, like e.g. Misty Iwatsu’s contract seems to be expiring or already gone, and they have to handle the damn BID renewal.2 Hence, like so many BIDs around the City who can’t stand the heat but won’t get out of the damn kitchen, they’ve decided to cower behind a putative loophole in the Brown Act,3

And not only that, but these BIDdies are so astoundingly clownish that in this ten minute meeting they managed not only to violate the Brown Act about one and a half times,4 but also board member Gina Alza had a weird tantrum about how Misty Iwatsu ought to do all the outreach work for their BID renewal because the board members actually have jobs unlike, I guess, Misty Iwatsu? Anyway, turn the page for the details, both sordid and tedious, which is just how BIDology rolls, innit?
Continue reading North Figueroa Association Establishes Two Putatively Ad Hoc Committees In Transparent Attempt To Evade Public Scrutiny — It’s Not Clear That Their Brown Act Loophole Theory Is Correct — And They Violated The Brown Act While Forming The Committees — Misty Iwatsu Explains BID Renewal Process To A Bunch Of Ignorant Board Members — Gina Alza Flips The Freakin’ Frick Out When She Learns Misty Iwatsu Won’t Do All The Work — Screams That She Has A Damn Job Already And So Do All The Other Board Members — Take That, Misty!

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Video Clips Of January 5, 2018 Meeting Of Venice Beach BID Board Available — In Conjunction With December Letter To Property Owners These Clips Suggest That They’re Egregiously Violating The Brown Act — President Tara Devine Is Even More Horrifically Offensive, Irritating, Mendacious, And Reprehensible Than Hitherto Suspected

As you may recall, the Venice Beach Business Improvement District putatively began its existence on January 1, 2017. However, the BID did nothing whatsoever for most of its first year except cash its zillion dollar checks from the City. In late December 2017 the BID finally announced a public meeting both through a letter sent to property owners on December 22, 2017 (there’s a transcription of this PDF at the bottom of the post) and via an email sent to the BID’s MailChimp list on January 2, 2018.

Well, the meeting took place, although I was not able to attend. The indefatigable Margaret Molloy recorded some selections, though, and has published them on her YouTube Channel. I have not watched all of them yet, but I’ve watched some of them, and it’s not a pretty sight, friends. These Venice BIDdies are a bunch of bad, bad babies.

So here’s what I have for you tonight. After the break, along with the promised transcription of devious little chump Mark Sokol’s letter to property owners, there’s also a reproduction of Margaret’s directory of these clips along with direct links through to them. Also there’s a transcription and a little bit of accompanying discussion of this particular clip, in which President Tara Devine explains how and why she and her fellow bad BIDdies on the board egregiously violated the Brown Act in the months leading up to this January meeting. Read on!
Continue reading Video Clips Of January 5, 2018 Meeting Of Venice Beach BID Board Available — In Conjunction With December Letter To Property Owners These Clips Suggest That They’re Egregiously Violating The Brown Act — President Tara Devine Is Even More Horrifically Offensive, Irritating, Mendacious, And Reprehensible Than Hitherto Suspected

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