Tag Archives: Streets and Highways Code 36612

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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Venice Beach BID Sued To Enforce Compliance With The Public Records Act

Yeah, perhaps you recall that in February 2017 I sent a public records act request to the newborn Venice Beach BID and executive directrix Tara Devine has been conscientiously ignoring it ever since. And so I hired a lawyer. And the lawyer filed this petition in Los Angeles County Superior Court. And served the petition on the BID yesterday.

Of course, this is the same course of action that the Larchmont Village BID recently thrust upon me. I wish there was some way to get these BIDdies to follow the law other than by filing petitions against them but the State Legislature, in its inscrutable wisdom, has made this the only remedy. Sad but true. Stay tuned for more information and turn the page for some excerpts from the petition.
Continue reading Venice Beach BID Sued To Enforce Compliance With The Public Records Act

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How I Finally Had To Report The South Park BID To The District Attorney For Violating The Brown Act Even Though Board Member, Working Class Hero, And Self-Proclaimed Schmuck Paul Keller, The Finest Legal Mind Of His Generation, Screamed At Me In The Lobby That They Didn’t Actually Violate It

As you know well if you follow this blog, the South Park BID is severely challenged when it comes to Brown Act compliance. First, in February, they had deficient agenda descriptions, although they fixed that in response to my advice. Then last week they had a deficient teleconferencing option, which again they fixed in response to my advice. However, yesterday’s board meeting was held in a building where signing in as a condition of entry was mandatory. This is a clear violation of the Brown Act at §54953.3, which states unequivocally that:

A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.

Based on a previous visit to the building I suspected that they might require visitors to sign in, so I recorded the whole scene. I also determined to offer them a chance to avoid the violation by discussing it with the BIDdies if signing in was in fact required, which it was. The security guard didn’t have the BID’s phone number, so that was out.1

Anyway, while I was talking about it with the guard, South Park BID board member and self-proclaimed schmuck Paul Keller, the finest legal mind of his generation, came in and yelled at me for pressing the issue. His theory is that the law wasn’t violated because a signature was required to enter the building rather than the BID meeting. Maybe he wasn’t aware that his executive director, Ellen Salome Riotto,2 relies implicitly on my legal advice, with respect to the Brown Act anyway.

Far be it from me to say why he thinks this, him being the finest legal mind and all. Perhaps he’s basing it on the popular zillionaire legal maxim that any law that inconveniences even a single zillionaire must be unconstitutional. This is true, of course, at least 99\frac{44}{100}\% of the time, but not this particular time. On the other hand his rant suggests that the sign-in requirement wasn’t just another oversight, but actually constitutes BID policy.

Whatever was going on, I feel like they’ve had enough chances to mend their ways and have shown no interest in doing so. Hence I filed a complaint against them with the Public Integrity Division of the Los Angeles County District Attorney. Turn the page for a transcription, and stay tuned for details!
Continue reading How I Finally Had To Report The South Park BID To The District Attorney For Violating The Brown Act Even Though Board Member, Working Class Hero, And Self-Proclaimed Schmuck Paul Keller, The Finest Legal Mind Of His Generation, Screamed At Me In The Lobby That They Didn’t Actually Violate It

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Burbank BID Violated Brown Act In 2016 By Voting To Donate $50,000 To A Political Campaign Without Having Agendized The Matter — Local Activist David Spell Calls For Disestablishment — Burbank City Attorney Forced To Address The Question Of Whether BID Assessments Are Public Funds — Answers With A Resounding “Maybe”!


So it turns out that a major scandal involving a business improvement district has been brewing up in Burbank since September 2016. The short version of the story is that a Burbank BID violated the Brown Act and may have violated State laws forbidding the use of public funds in political campaigns. A local activist, David Spell, turned them in to the LA County DA and the Fair Political Practices Commission.1

In December 2016 the Burbank City Attorney published a fascinating report on the episode,2 which may shine a great deal of light on the legal status of BID assessments as public funds. Furthermore, Spell called for the Burbank City Council to hold a disestablishment hearing as required by Streets and Highways Code §36670(a)(1).3

If this money does turn out to be public, a lot of really interesting consequences would ensue, which is another part of what makes this episode so important. As always when BIDs and the law intersect, the details are unavoidably technical, which is no doubt why the L.A. Times skips over them and also why I’m hiding them below the fold!
Continue reading Burbank BID Violated Brown Act In 2016 By Voting To Donate $50,000 To A Political Campaign Without Having Agendized The Matter — Local Activist David Spell Calls For Disestablishment — Burbank City Attorney Forced To Address The Question Of Whether BID Assessments Are Public Funds — Answers With A Resounding “Maybe”!

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How The Central City East Association Violated The Brown Act Twice In One Meeting On Thursday Morning So I Reported Them To The Los Angeles County District Attorney


As you know, the Central City East Association held a meeting the other day.1 And a lot of interesting stuff went down. For instance, watch and listen here as Estela Lopez, the voodoo queen of Skid Row herself, explains to the Board that for some reason having to do with the much-discussed trash ordinance, they need to rewrite part of their contract with their street-cleaning contractor Chrysalis. There’s a transcription of the whole discussion after the break, but it’s easy to summarize what happens.

Estela Lopez is all like guys, we gotta redo the contract because reasons and then some random Board member is all like I have a motion because Roberts, and then Mark Shinbane, the Fabulous Freaking Fishmonger himself, is all like I second the motion and let’s vote. Unanimous? Done! The only problem? There’s not a word about it on the damn agenda. And this wasn’t the only instance of this kind of behavior at the meeting.

Just take a look here as freaking Bob Smiland, honcho supremo of Inner City Arts, quintessentially opposite-of-Silas-Lapham paint zillionaire, and unanimously acclaimed most galootish CCEA board member of all freaking time, responds to dictator-for-life Mark Shinbane’s rhetorical question about if there’s anything else before he adjourns the damn meeting by going off on a tangent so freaking tangential that his fellow totalitarian zillionaires were left in dropped-jaw silence as he rambled on about tourist brochures for Skid Row to be left in upscale hotel lobbies and god knows WTF else.2 And … you guessed it! Not a word about it on the damn agenda.

And what’s the problem with all this, you may well ask? Why can’t a few good old white supremacist buddies get together on a Thursday morning at ground zero of the homeless crisis in the United States of America and talk about any random crap that pops into their little zillionaire-addled heads? Well, as it happens, it is against the freaking law, that’s why!

Because business improvement districts have voluntarily chosen to benefit from coercively collected assessments, the State Legislature has passed Streets and Highways Code §36612, which makes all these BID boards of directors subject to the Brown Act. The good old Brown Act contains many treasures, and not least amongst these is good old §54954.2(a)(3), which states unequivocally that: “No action or discussion shall be undertaken on any item not appearing on the posted agenda.”

Mark Shinbane, of course, is famous for his criminal ways and he’s no stranger to violating the Brown Act, but this, to the best of my knowledge, is the first time he’s ever done it on camera. Turn the page for a little more evidence, transcriptions of the relevant bits, and, best of all, a copy of the report I sent to the LA County DA this morning turning these creepers in for their criminal ways.
Continue reading How The Central City East Association Violated The Brown Act Twice In One Meeting On Thursday Morning So I Reported Them To The Los Angeles County District Attorney

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Venice Beach BID To Hold First Public Meeting On Friday, January 5, Inaugurating Both A Quantum Freaking Leap And A Sea Freaking Change In The Illegal Freaking Bullshitization Of Venice — Please Attend And Tell These Shameless, Already-Being-Sued, Law-Flouting Creeps What You Think Of Their Nonsense — Also, If You’re Able To Film The Meeting, Please Do So!

Perhaps you recall that the infamous Venice Beach Business Improvement District has been nonoperational for an entire year after the second-time’s-a-charm reapproval by City Council, whose blindingly arrogant indifference to both law and decency necessitated this expensive and amateurish do-over.

Well, they’re operational now, friends! Yesterday morning the VBBID CEO, AKA President-For-Life Tara Devine, transmitted in interstate commerce1 an announcement of the BID’s first-ever meeting. Here are the documents involved:

The meeting is on Friday morning at 10 a.m. If you’re able and willing to attend and film the entire meeting, which is your absolute right under the Brown Act, please do so, as various prior commitments prevent me from attending. If you’d like some tips on how to film Brown Act meetings effectively, please get in touch!

Meanwhile, turn the page for a critical analysis of selections from these woefully deficient documents as well as some special bonus info on how and why President Tara Devine and her co-conspirators are so arrogantly outlaw.
Continue reading Venice Beach BID To Hold First Public Meeting On Friday, January 5, Inaugurating Both A Quantum Freaking Leap And A Sea Freaking Change In The Illegal Freaking Bullshitization Of Venice — Please Attend And Tell These Shameless, Already-Being-Sued, Law-Flouting Creeps What You Think Of Their Nonsense — Also, If You’re Able To Film The Meeting, Please Do So!

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United Downtown Los Angeles Conspiracy: How Chris Loos, King Of The DTLA Fedora-Bro Robo-Hipsters, Got Invited Into The Top Secret United DTLA Email Conspiracy In April 2017, Just Two Days After His Stink-Tongued Lopez-Schatz-Parroting SRNC Hit Piece Appeared On His Post-Ethical Website Urbanize.LA

Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

Some of you may know Chris Loos, web designer to zillionaires, or at least to their zombie marionette cheerleaders slash anti-homeless hit squad over at the Central City East Association. He and his asshole buddy Steve Sharp1 run this zillionaire-front post-ethical propaganda outlet known as Urbanize.LA which is mostly famous for having published a Loos-lipped slab of crapola-deluxe about the Skid Row Neighborhood Council. Skid Row Voodoo Queen Estela Lopez was so pleased with Loos’s work that she fired off an email to her co-conspirators on the very day of its publication drawing their attention to it.

And I’m sure Estela Lopez was impressed by the ease with which Loos pulled off the fairly accomplished feat of taking her propaganda talking points and spreading them out over various sources so as to make it appear that she was speaking with four independent voices. Subsequently she rewarded him by letting him join the top secret conspiracy against the SRNC. Oh, what fun the zillionaires have Downtown! How very incestuous are their frolics! Turn the page for the sordid details.
Continue reading United Downtown Los Angeles Conspiracy: How Chris Loos, King Of The DTLA Fedora-Bro Robo-Hipsters, Got Invited Into The Top Secret United DTLA Email Conspiracy In April 2017, Just Two Days After His Stink-Tongued Lopez-Schatz-Parroting SRNC Hit Piece Appeared On His Post-Ethical Website Urbanize.LA

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How I Reported Fashion District BID Executive Director Rena Leddy To The Ethics Commission For (a) Failing To Register As A Lobbyist And (b) Failing To Recuse From A DLANC Vote For Conflict Of Interest

As you may already know quite well, in the City of Los Angeles, people are required by the Municipal Lobbying Ordinance to register with the Ethics Commission if they’re compensated for 30 hours of lobbying activity over three consecutive months.1 This year I’ve been working on reporting BID consultants to the Ethics Commission for failure to comply. So far I’ve filed two complaints, both against Tara Devine, one for her work on the Venice Beach BID and another for her work on the South Park BID.

But consultants aren’t the only BID people who spend their time trying to influence municipal legislation.2 BID staff actually spend a huge amount of time on this as well, and they never ever register as lobbyists. Also, they have never, in the entire history of Los Angeles, ever been called to account for failing to register. In fact, they’ve fought vigorously against the very idea that their work is even subject to the MLO.3

Consequently I’ve been working on expanding my unregistered lobbyist reporting project to BID staff as well. I kicked off the modern era of this project4 today by filing a complaint against Rena Leddy, executive directrix of the Fashion District BID, for failing to register and also for violating conflict of interest laws. You can read the whole complaint if you wish, and there’s a detailed discussion after the break.5
Continue reading How I Reported Fashion District BID Executive Director Rena Leddy To The Ethics Commission For (a) Failing To Register As A Lobbyist And (b) Failing To Recuse From A DLANC Vote For Conflict Of Interest

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How I Reported The Los Feliz Village BID To The LA County District Attorney’s Public Integrity Unit For Brown Act Violations

You may recall that a couple weeks ago I published a big stack of emails from the famed Los Feliz Village BID. Amongst these were this little gem of an email chain, wherein the entire Board of Directors of the LFVBID, over the course of about two weeks in May 2017, discuss some nonsense relating to something called Urban Air Market. The facts themselves are as tedious as can be but, as I noted previously, the Brown Act at §54952.2(b)(1) explicitly forbids this kind of thing:

A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.

Well, I’ve been so busy working on matters related to the revisions to the Municipal Lobbying Ordinance that’s presently being worked on by the Ethics Commission that I’ve barely had time to think of anything else. Yesterday, though, I needed a little break from lobbying and decided to take the time to write up a report to the LA County DA’s Public Integrity Division regarding this egregious violation. You can download a copy of the complaint or read a reasonably faithful transcription after the break.1
Continue reading How I Reported The Los Feliz Village BID To The LA County District Attorney’s Public Integrity Unit For Brown Act Violations

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