Tag Archives: Streets and Highways Code 36612

Latest Episode In The Brown Act Enforcement Project Targets Studio City BID For Three Violations — Most Importantly They Require An ID And Permission From The BID To Attend Meetings — Also They Totally Screwed Up Closed Session Requirements — And Also They Deliberate Via Email Just Like The Byzantine BIDdies — So I Fired Off Another Demand Letter — Now We Wait Thirty Days To See If They Capitulate!

Last week I attended my first meeting of the Studio City BID‘s board of directors, and what a fiasco, friends! Aggressively clueless board member Matthew Dunn walking out because I was filming him and so on. But I put off telling you about the most interesting parts! Which is why I’ve gathered you all here this morning! You see, the BID violated the Brown Act in two very serious ways at the meeting.

First of all, the BID holds its meetings inside CBS Studio Center,1 It not only requires an ID to get in there and the registration of one’s name and an image of one’s driver’s license, but also convincing a hostile security guard who thinks BID meetings aren’t open to the public and some other problems. All together these are, of course, violations 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.

We’ve seen exactly this kind of thing with BIDs around the City, who hold their meetings in so-called secure buildings, where IDs are required by the property owners rather than the BID itself. E.g. in October 2014, the very same month I founded this blog, Kerry Morrison and her Central Hollywood Coalition were guilty of this. More recently, in April I reported the South Park BID to the LA County DA for violating this exact provision. The universal excuse seems to be that it’s legal for the property owner to require ID, just not the BID.

Of course, the plain language of the statute shows that that argument is entirely fallacious. The law doesn’t say anything about who’s not allowed to require ID, so therefore no one is allowed to require ID. And because, as you know, I haven’t gotten much if any satisfaction from the LA County DA on Brown Act violations, I have decided to take matters into my own hands and use the provisions in the law which allow private citizens to enforce it.

I kicked off this project last month with a demand to the Byzantine Latino Quarter BID which was entirely successful, at least so far, in that the BID caved entirely and unconditionally agreed never ever ever to violate the law again. And the Studio City ID and name registration requirement is a perfect test case for the enforcement of §54953.3. Thus did I fire off this demand letter to BID secretary Gilbert Stayner yesterday afternoon, making Studio City the honored second participant in my private Brown Act enforcement project. They have thirty days to capitulate, and if they don’t, we’re off to Superior Court!2

And Brown Act violations are like cockroaches in the usual cliched sense, and this case is no exception to that rule. The BID also seriously messed up its closed session, which of course I added to the demand, and there was a little problem in May 2018 involving them deliberating via email, which I also added. The first of these is highly technical and the second is fairly repetitious, so I put all the details after the damn break!
Continue reading Latest Episode In The Brown Act Enforcement Project Targets Studio City BID For Three Violations — Most Importantly They Require An ID And Permission From The BID To Attend Meetings — Also They Totally Screwed Up Closed Session Requirements — And Also They Deliberate Via Email Just Like The Byzantine BIDdies — So I Fired Off Another Demand Letter — Now We Wait Thirty Days To See If They Capitulate!

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Pacific Palisades BID In 2016 — Newly Obtained Emails Reveal The Most Egregious Violation Of The Brown Act I Have Ever Seen In The Wild — Zeck Dreck Laurie Sale — Who Sadly Is Highly Unlikely To Be Prosecuted For Her Criminal Ways — Conducted An Actual Vote On An Actual Motion By Email — Not One Single Board Member Objected — The Statute Of Limitations Has Run So They’re Not Going To Jail — But Obviously They’re Still Going To Hell — Cause There Ain’t No Statute That Can Limit The Freaking Wrath Of God!

I know some of you out there have been remembering such classics as the story of the angry scary fat black homeless male man or the story of the gang members escaping the seething urban hellscape of Santa Freaking Monica and thereby wondering just why it is that it’s been since March freaking 2017 since I last posted any full frontal mockery of the halfwits-by-the-sea out in Northwest Zillionaireville. I’m speaking of course of the Pacific Palisades Business Improvement District, Mike Freaking Bonin’s platonic ideal of a good BID.

And it’s certainly no coincidence that my last few posts about these coastal dimwits had to do with Laurie Freaking Sale’s weirdo Humistonian CPRA aggression. For instance there was the incident of Ms. Laurie Sale’s being too busy to follow the law, a theory which doesn’t work so well for non-zillionaires.1 Then there was the case of board member Rick Freaking Lemmo explaining how they were going to spend 3% of their annual assessments on lawyers to keep records out of my hands.

Well, it turns out that that’s not working out so well,2 because earlier this week I took a trek all the way out to the damn Palisades on public transit3 to finally inspect some records after fifteen tooth-pullingly painful months trying to talk some sense into Ms. Laurie Sale and then a few more months of my lawyer trying to talk some sense into the world’s angriest CPRA attorney, Ms. Carol F. Humiston.4

And good lord, friends! The craziness in these records is beyond fever pitch! It’s beyond Ebola pitch! Can’t easily be measured by disease slash pitch comparisons is how crazy it is! For various technical reasons it’s going to take a long time to prep this steaming pile o’ puckey for publication, so I’ll be dribbling it out a bit at a time. Today’s installment consists of 44 pages of emails amongst the BID Board, which can be found here on Archive.Org.

And amongst the millionish sharp little shards of crazy to be found here is the single most egregious violation of the Brown Act that I’ve ever known to be committed by a BID.5 In January 2016 BID zeck dreck Laurie Sale6 emailed her board with a motion to approve a contract and one by one they all voted yes by reply-all. This is beyond bad, beyond obvious. Turn the page for a discussion of the section that this violates, of what can be done about it now,7 and transcriptions of and links to all the evidence.
Continue reading Pacific Palisades BID In 2016 — Newly Obtained Emails Reveal The Most Egregious Violation Of The Brown Act I Have Ever Seen In The Wild — Zeck Dreck Laurie Sale — Who Sadly Is Highly Unlikely To Be Prosecuted For Her Criminal Ways — Conducted An Actual Vote On An Actual Motion By Email — Not One Single Board Member Objected — The Statute Of Limitations Has Run So They’re Not Going To Jail — But Obviously They’re Still Going To Hell — Cause There Ain’t No Statute That Can Limit The Freaking Wrath Of God!

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Open Rebellion In The Melrose BID! Duckworth On The Defensive!! Refuses To Give Board Email Addresses To Property Owners!!! Even Though He Already Gave Them To Me!!!! And Don’t Forget He And He Alone Got The Damn BID Sued!!!!! And For This They Are Paying Him $72,000 Per Year To Work 20 Hours Per Week???!?

Sadly, for he is one of the most satirogenic figures in all of BIDlandia, we have not heard much from pirate king Donald Duckworth around these parts lately except, of course, for the fact that he, complacently steeped in his outlaw ways, forced me to file a pair of writ petitions against two of his baby BIDs because he, complacently steeped in his unhinged arrogance, flat-out and unaccountably refuses to comply with his statutory obligations under the California Public Records Act1 even though, if the past is prologue,2 it’s very likely to cost his BIDs a lot of damn money that they can probably ill afford to waste.

But regardless of Cap’n Donald’s law-flouting noncompliance it is occasionally possible to obtain records, or at least emails, involving him by the simple expedient of getting them from the other side of the correspondence.3 And recently a friend of this blog got a small pile of emails between Mr. Don Duckworth and Los Angeles City Clerk staff, and you can read the whole set here on Archive.Org.4 And there’s pretty much interesting stuff in there, but tonight I’m focusing on just three items.

June 9, 2018 email from Don Duckworth to Laura Aflalo about record inspection — Melrose property owners Laura Aflalo and Richard Jebejian want to come inspect records. Don Duckworth says sure you can but why would you want to, isn’t it a waste of your time?

June 9, 2018 emails between Duckworth and Aflalo about her questions about BID operation — Like why do the BID bylaws violate the Brown Act? And why can’t she have the Board members’ email addresses? And why won’t Don Duckworth just answer the damn questions?!

June 9, 2018 Duckworth to Aflalo with a detailed breakdown of how he spends the BID’s money — It’s detailed and evasive at the same time, a Duckworthian superpower, evidently.

And turn the page for some commentary, some mockery, and some highly selected transcriptions of at least the first two items. The third is going to have to wait till another time because it’s getting late around here!
Continue reading Open Rebellion In The Melrose BID! Duckworth On The Defensive!! Refuses To Give Board Email Addresses To Property Owners!!! Even Though He Already Gave Them To Me!!!! And Don’t Forget He And He Alone Got The Damn BID Sued!!!!! And For This They Are Paying Him $72,000 Per Year To Work 20 Hours Per Week???!?

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Two-Fer Tuesday: Westchester Town Center BID And Melrose BID Both Sued To Enforce Compliance With The California Public Records Act

Remember Don Duckworth? Big bad BID boss of both the Melrose BID and the Westchester Town Center BID?? We haven’t heard from Mr. Duckworth here on the blog in a long old time even though he is quite an interesting character, what with his BID analyst switcheroos and his kooky Brown-Act-flouting bylaws and that whole Calabasas episode and so forth.

His absence from my literary life has not, however, been by choice.1 The fact is that circa last June the guy just decided to stop responding to my CPRA requests altogether. No records, no answers, no nothing from Don Duckworth. Hence no joyously mocking blog posts and so on. Well, friends, that’s about to change, and change big-time!

You see, my lawyer, the incomparable Anna von Herrmann, recently filed two petitions, one for each of Duckworth’s BIDs, to compel compliance with the CPRA. You can find them here on Archive.Org on pages which I will update if/when the cases generate more paper:

Melrose BID petition
Westchester Town Center BID petition

And turn the page for some excerpts from the Melrose petition! And a little more commentary!!
Continue reading Two-Fer Tuesday: Westchester Town Center BID And Melrose BID Both Sued To Enforce Compliance With The California Public Records Act

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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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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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