Newly Obtained Emails Suggest that CD11 Had Significant Input Regarding Inclusion And Assessment of City Parcels In BID Despite Bonin, Staff Denials That This Is So

Mike Bonin discussing the fish that got away, or the process for including City parcels in a BID, or some other subject that's traditionally related with absolute veracity.
Mike Bonin discussing the fish that got away, or the process for including City parcels in a BID, or some other subject that’s traditionally related with absolute veracity.
A persistent issue in the lead-up to the Venice Beach BID has been the question of the City parcels included in the proposed boundaries. Since City parcels are always voted in favor of BID formation (although why this is is an open question), BID proponents are eager to gerrymander in as many as possible. This is a well-known tactic in the BID consultant playbook. Yesterday, however, after the Council’s shameful and probably illegal approval of the Venice Beach BID, CD11 Councilmember Mike Bonin was quoted in Yo! Venice claiming not only that there was no gerrymandering, but that there could not have been gerrymandering:

The Venice BID boundaries were determined based on the same rules as every other BID, which excludes any residentially-zoned land (but includes commercially-zoned, industrially-zoned and government/public facilities-zoned parcels). The BID proponents decided to include all of the property that is eligible for assessment west of Abbot Kinney (which already has a Merchant’s Association that functions similarly to a BID). This is consistent with state and local law.

This statement is disingenuous at best. Sure, an engineer’s report is required, and there has to be a justification of why the boundaries are set where they’re set, but the “rules” that Bonin seems to be claiming ensure fairness only say which properties can’t be included. They don’t say anything about where the boundaries have to go. So the decision to include a strip of Venice Blvd, notably bereft of businesses of any kind, into the BID is allowed under state law and can be justified easily enough in the report since it’s not residential, but it’s hard to see any purpose for this other than to increase the City presence in the BID, which is certainly gerrymandering. 1 Finally, note that Bonin seems to be intentionally conflating the idea that the boundaries were “determined” by state law with the idea that they’re “consistent with state” law. If boundaries are determined there’s no choice. There are many choices among things that are consistent with the law.
Continue reading Newly Obtained Emails Suggest that CD11 Had Significant Input Regarding Inclusion And Assessment of City Parcels In BID Despite Bonin, Staff Denials That This Is So

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LAFLA Questions Legality of Venice Beach BID Approval Process in Letter to Mike Feuer, Holly Wolcott. Ballot Tabulation Published By City, Demonstrating Anti-Democratic Nature of BID Process. CD11 and Shadowy BID Consultant Tara Devine Play Favorites With Information Access

LEGAL-AID-FOUNDATION-OF-LOS-ANGELES1Today two interesting items hit the Venice Beach BID Council File. First there is a letter from LAFLA Attorney Shayla Myers demonstrating that the City did not follow the strictly mandated procedure for hearings prior to establishing an assessment district. The issue is that Council President Herb Wesson cut off public comment without allowing everyone present to be heard. This is completely acceptable under the Brown Act, which regulates general public meetings in California. In the cases covered by that law, agencies can put reasonable limits on public comment. However, the hearings that must be held before BIDs can be established are described in the Property and Business Improvement District Law of 1994, which at section 36623 requires that the “notice and protest and hearing procedure shall comply with Section 53753 of the Government Code.” This section requires…well, I’m going to let Myers explain:
Continue reading LAFLA Questions Legality of Venice Beach BID Approval Process in Letter to Mike Feuer, Holly Wolcott. Ballot Tabulation Published By City, Demonstrating Anti-Democratic Nature of BID Process. CD11 and Shadowy BID Consultant Tara Devine Play Favorites With Information Access

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Peter Zarcone and Kerry Morrison Conspire Not To Enforce CUP Conditions Against BID-Approved Venues for November 2015 BID-Sponsored Music Festival In Stark Hypocritical Contrast To Their Overzealous Hyperenforcement Against Minority-Serving Venues in Hollywood

A newly shaven Peter Zarcone in April 2015.
A newly shaven Peter Zarcone in April 2015 just as his joint vendetta with the BIDs against nightclubs in Hollywood took off.
Recall that in April 2015 the two HPOA BIDs, the LAPD, and the Hollywood Chamber of Commerce revealed an ongoing conspiracy to shut down minority-serving entertainment venues in Hollywood. Their favored technique for doing this is hyperenforcement of Conditional Use Permits (CUPs). These documents contain numerous restrictions on the operations of bars, restaurants, and so on. Violating these conditions while operating is actually a crime, and owners and employees of venues can be arrested for doing so. This actually happens, e.g. in the shameful case of the Rusty Mullet. Keep that in mind. The LAPD can physically arrest restaurant employees for violations of the CUP. It can also shut the venue down immediately if the CUP is being violated.

Now, in November 2015, eight months after the BID and Zarcone began targeting nightclubs and bars that they didn’t like,1 the Hollywood Property Owners Alliance sponsored a music festival centered around Cahuenga Boulevard between Hollywood and Selma, notably the most caucasian micro-neighborhood in Hollywood-nightlife-land. Thus, on September 9, 2015, Kerry Morrison wrote to LAPD and CD13:

This festival is intended to present a neighborhood “night-life” experience in Hollywood. We are trying to change the image of Hollywood by celebrating the authentic music and artistic options that are here. As such, the BID is “curating” over four days/nights dozens of different musical experiences, acts, pop-up art shows, comedy, etc — and inviting the public in to experience Hollywood as a walkable neighborhood. … The activity is largely going to be centered around Selma and Cahuenga — very little will happen on Hollywood Blvd.

By the way, this statement is full of dog whistles. Note the contrast between putatively authentic music and whatever kind of music they play on Hollywood Blvd. (hint: white:authentic :: ??:Hollywood Blvd. music) Note the scare quotes around “night-life,” and so on. But that’s not all:
Continue reading Peter Zarcone and Kerry Morrison Conspire Not To Enforce CUP Conditions Against BID-Approved Venues for November 2015 BID-Sponsored Music Festival In Stark Hypocritical Contrast To Their Overzealous Hyperenforcement Against Minority-Serving Venues in Hollywood

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Chaos at Council Hearing on Venice Beach BID: In Response to Heckling, Bonin Accuses Venice Beach BID Detractors Of “Malignant Dangerous Defamation,” Compares Them To Trump

Mike Bonin speaking in favor of the Venice Beach BID in Council on August 23, 2016.  He's either misinformed, lying, or both.
Mike Bonin speaking in favor of the Venice Beach BID in Council on August 23, 2016, mere minutes before accusing BID detractors of “malignant dangerous defamation.”
Yesterday the Los Angeles City Council heard protests against the proposed Venice Beach Business Improvement District. You can watch the whole thing here. There were impassioned public comments and a lot of heckling. Also, on Monday Laura McLennan of CD11 gave me over a hundred pages of material on the VBBID, which is worth looking at. After the public comment, Mike Bonin gave a speech about why he supported the BID, which is my topic for today. You can jump directly to Bonin’s remarks in the video and as always, you can find a transcription at the end of the post. I’m just going to address a few of Bonin’s comments in detail:

Let me for a second or two correct some of the wide misperceptions about the BID and what process… the process for establishing a BID is established by state law.
Continue reading Chaos at Council Hearing on Venice Beach BID: In Response to Heckling, Bonin Accuses Venice Beach BID Detractors Of “Malignant Dangerous Defamation,” Compares Them To Trump

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A Crucial Open Question in Anti-BID Theory: Where Does the City Clerk Get the Authority to Sign Pro-BID Petitions Before the BID is Approved? Arts District BID Episode From 2013 Highlights City’s Hypocrisy On This Issue and Collusion With Carol Schatz

Holly Wolcott, Clerk of the City of Los Angeles, in June 2015.
Holly Wolcott, Clerk of the City of Los Angeles, in June 2015.
UPDATE: This problem is now solved. Let’s work on fixing things!

Roughly, the process for creating a new BID goes like this: Some property owners hire a consultant who collects petitions in favor of the BID. When petitions adding up to more than 50% of the total assessments in the proposed district are on hand, they’re submitted to the City Clerk, who then takes the matter to City Council.1 One interesting aspect of this is that City-owned parcels in the proposed district are voted in exactly the same way that privately owned parcels are. That the City always votes in favor of BIDs is well-known, although see below for an episode where the City actually opposed a BID proposal.2 In fact, part of the consultant’s job seems to be to gerrymander as much City-owned property into the BID as possible so as to minimize the requisite number of agreeable private owners. The City Clerk, currently Holly Wolcott, is somehow authorized to sign petitions on the City’s behalf for City-owned parcels.

But the petitions must be signed before City Council can pass an ordinance of intention to form the BID. For instance, in the case of the proposed Venice Beach BID, consultant Tara Devine submitted the signed petitions to the Clerk before June 24, 2016. City Council passed the Ordinance of Intention on July 1, 2016. But see these pro-BID petitions for City parcels, signed by Holly Wolcott on June 15, more than a week before Council voted to authorize the BID process. Of course the City always favors BID formation, but where does the Clerk derive the authority to sign these? It can’t be from the Council vote, which happens afterwards. There must be a law or a rule or something authorizing this. I haven’t been able to find it yet, although I’m sure it exists.
Continue reading A Crucial Open Question in Anti-BID Theory: Where Does the City Clerk Get the Authority to Sign Pro-BID Petitions Before the BID is Approved? Arts District BID Episode From 2013 Highlights City’s Hypocrisy On This Issue and Collusion With Carol Schatz

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Los Angeles BIDs To Be Audited by the City Every Three Years According to City Clerk’s April 2016 RFQ, Published At Direction of Council. Also City to Spend $250,000 Promoting BIDs and Training BID People.

Holly Wolcott, Clerk of the City of Los Angeles
Holly Wolcott, Clerk of the City of Los Angeles
One of the advantages that zillionaires have over humans with respect to City politics is that they can hire innumerable minions to keep up with the firehose of crap spewed forth by City Hall, certainly in an effort to keep the minion-deprived majority too busy to address everything. Which is my half-serious, half-silly1 excuse for only having noticed this evening the two matters addressed in this post.

First we have Council File 14-0903, in which Holly Wolcott asked for and received an “amount not to exceed $100,000 …for a period of two years with two one-year extensions to assist with the creation and implementation and coordination of a Public Information Campaign” having to do with how fricking great BIDs are for the City of L.A. Additionally they’re getting “an amount not to exceed $150,000 … for a period of two years with two one-year extensions to assist with the creation and implementation of a capacity building and leadership training series relative to business improvement districts and create public/private partnerships with other nonprofit organizations..” None of this seems like very much money given (a) the amount of truth they’re going to have to overcome in order to achieve the first goal and (b) the amount of sheer incompetence and bloody-mindedness to achieve the second. Brace yourself for the incoming propaganda!

Second, and much more interesting, we have this Request for Qualifications, issued by the Clerk in April 2016 asking for people to submit proposals to audit BIDs. There must be a council file associated with this item, but I can’t locate it. Here’s some background. First of all, the standard contract that BIDs sign with the City allows the City to audit BIDs at will.2 This is rarely done. In fact, as far as I can tell, it has only happened twice, both times in 2005, when then-Controller Laura Chick audited both the Central City East Association and also the Westwood Village BID. The details of those audits are worth reading, although I’m not going to write about them tonight.3 However, Controller Chick made some observations then that are still relevant today:
Continue reading Los Angeles BIDs To Be Audited by the City Every Three Years According to City Clerk’s April 2016 RFQ, Published At Direction of Council. Also City to Spend $250,000 Promoting BIDs and Training BID People.

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Venice Beach BID Proponents Carl Lambert and Andy Layman Are Being Sued by City of LA For AirBnB Shenanigans, We Have Copies of The Complaints!

WWJMD?
WWJMD?
It’s well-known that two of the major proponents behind the nascent Venice Beach BID, Carl Lambert and Andy Layman, are being sued by the City of Los Angeles for illegal AirBnB activities. You can see the pro-BID petitions submitted by these two dimwits here: Lambert 1Lambert 2Layman 1. By the way, if you haven’t seen them yet, the full set of pro-BID petitions is also available.

Anyway, I wasn’t able to find copies of the complaints online, and the Superior Court charges one dollar per page for PDFs, which is not within our budgetary constraints. But fortunately, the ever-helpful Mike Dundas came charging over the metaphorical hill like the metaphorical cavalry this morning and sent me copies, which I’m now making available to you:

Note that Feuer’s office filed two other complaints against illegal AirBnBers, but as they’re not BID-related, I’m not discussing them here. However, I did publish all of them on the Archive. These make interesting reading, chock-full of accusatory goodness, and are worth your time. You can read them yourself, and there are some excerpts after the break.
Continue reading Venice Beach BID Proponents Carl Lambert and Andy Layman Are Being Sued by City of LA For AirBnB Shenanigans, We Have Copies of The Complaints!

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Property Owner Protests Against Venice Beach BID Hit Council File. Miranda Paster Of Clerk’s Office Imposes Curtain Of Silence, Forbids Communication, Prohibits Dialogue, Instructs Subordinates: “Do Not Respond To The Email”

God helps those who help themselves, but a miracle never hurts.
God helps those who help themselves, but a miracle never hurts.
Yesterday evening a number of emails protesting the formation of a BID in Venice were added to the Council File. These demonstrate the heartening fact that not every owner of commercial property within the boundaries of the proposed BID supports its formation. The arguments are solid, too. For instance, Kevin Ragsdale says:

At this point, the idea of a VERY small group of property owners who may be handed $1.8 million with NO oversight, even by the City, is frightening and not appropriate unless and until we know more and have some say in the process that may well drastically change the face and character of the Venice we know and love in the name of profit making and creating a private police force. The consequences of this action without careful analysis will be profound and must be discussed in a wider audience of people, who also include the majority of property owners who have to pay and those who have more at stake than a desire to clean up Venice Beach to make more money.

Or Frank Lutz, who’s lived in Venice for 48 years:
Continue reading Property Owner Protests Against Venice Beach BID Hit Council File. Miranda Paster Of Clerk’s Office Imposes Curtain Of Silence, Forbids Communication, Prohibits Dialogue, Instructs Subordinates: “Do Not Respond To The Email”

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Kerry Morrison on Rusty Mullet CUP Revocation Hearing: We’re Down To Less Than Five Nightclubs In Hollywood. It’s Really Completely Changed. John Tronson: Great! Random Cop: Rusty Mullet … Got Looked At A Lot. [We] Check All The Time.

Kerry Morrison at the Hollywood Property Owners Alliance Joint Security Meeting counting nightclubs in Hollywood that she and her coconspirators haven't destroyed yet.
Kerry Morrison at the Hollywood Property Owners Alliance Joint Security Meeting counting nightclubs in Hollywood that she and her coconspirators haven’t destroyed yet.
Maybe you remember our semi-recent post about the July 28 meeting of the Joint Security Committee, in which some genius of a Sheriff’s deputy poured forth a never-ending stream of genius-level similes, including a comparison of sidewalk vendors at MacArthur Park with “too many animals in one cage.” Well, with all the furor over Hollywood nightclub totalitarianism, we’ve been too busy to get back to that video until this morning. Take a look here as our friends on the committee and some random cop discuss the Rusty Mullet. As always, a complete transcription may be found at the end of this post, but here is essentially what was discussed in this metaphorically smoke-filled back room.

Fred Rosenthal, of friendly neighborhood electronics retailer Ametron, who’s evidently the chair of this committee, noted that there was no one there from the City Attorney’s office to make a report. Kerry Morrison, who’s keeping track of the progress of the BID’s ongoing conspiracy against Hollywood bars and nightclubs whose patrons don’t match her favored color scheme, announced that they were busy downtown at the Rusty Mullet CUP revocation hearing.

Some random cop from the Hollywood Division then proceeded to ramble on about how the LAPD is targeting the Rusty Mullet, complete with can-I-get-a-witness hallelujah-interjections in four part harmony by John Tronson. After that, Kerry Morrison, as pictured above, actually giggled and counted down the remaining Hollywood nightclubs on her fingers. Of course, those aren’t all targeted for destruction by her and her cronies. Some, after all, cater to white people and are owned by former HPOA Board Member John Lyons, so those can stay. Read on for details!
Continue reading Kerry Morrison on Rusty Mullet CUP Revocation Hearing: We’re Down To Less Than Five Nightclubs In Hollywood. It’s Really Completely Changed. John Tronson: Great! Random Cop: Rusty Mullet … Got Looked At A Lot. [We] Check All The Time.

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Scenes From The Cosmo Club’s Appeal Of The Revocation Of Its Conditional Use Permit At The PLUM Committee Part 1: Marqueece Harris-Dawson Is An American Hero, MK.Org Video Of Racist Sunset-Vine BID Rant Played In City Hall

Marqueece Harris-Dawson is an American hero.
Marqueece Harris-Dawson is an American hero.
Yesterday the Planning and Land Use Management Committee heard the Cosmo Club’s appeal of the Zoning Administrator’s revocation of their conditional use permit. See the whole thing here, with a very short second part here. Also, the Council file is here. This is the second in the ongoing series of Hollywood clubs that cater to minorities being targeted for elimination by Kerry Morrison, the Hollywood Property Owners Alliance, the LAPD, and CD13 rep Mitch O’Farrell. The racist nature of this anti-nightclub campaign is revealing itself to the public, as dirty secrets will do, so this hearing drew some protesters who stated clearly, articulately, just exactly what is going on in Hollywood. Also, although L.A. Times reporting on this issue to date has been sporadic and radically incomplete, I spotted the incomparable Emily Alpert-Reyes exchanging contact information with Cosmo Club attorney Mike Ayaz after the hearing, so maybe something interesting is forthcoming.

There are links to a number of highlights at the end of this post, but the hearing was particularly rich, and I’m going to have to cover it in increments, starting at the end. If you’re not familiar with the situation, you can read up about it here and also here.1 But here is the short version of how we got to this point: Kerry Morrison, her BIDs, and Peter Zarcone decided to destroy a bunch of nightclubs in Hollywood. Mitch O’Farrell told City Planning to get on it. They did, and the City Council will vote in favor of Mitch no matter how bogus the evidence is because they also want to exercise unilateral control over every aspect of everything in their districts, which they can only do with the connivance of their colleagues. Marqueece Harris-Dawson didn’t play along at yesterday’s hearing, which, although he was merely doing his job as a Councilmember, is very brave, since if he does it too often the zillionaire elite will certainly take away his seat in 2019.

In any case, after interminable testimony by Zoning Administrator Aleta James which listed every traffic ticket and open container violation within 100 yards of the business as is evidently the practice in these cases, after LAPD Hollywood Division Captain Cory Palka shilling for real estate developers, after greasy little liar and LAPD Hollywood undercover vice cop Benjamin Thompson told his greasy little lies, after many cogent comments by actual human beings opposing the City’s raw destructive power, after Sean Rafael from the Cosmo played OUR VIDEO from 2015, after all that, a small miracle occurred. Councilmember Marqueece Harris-Dawson of CD8 questioned the Zoning Administrator extremely closely, ultimately a round of applause from the audience, who were amazed to witness that rarest of phenomena in Los Angeles: truth spoken from behind a desk in a Council hearing. Read on for details.
Continue reading Scenes From The Cosmo Club’s Appeal Of The Revocation Of Its Conditional Use Permit At The PLUM Committee Part 1: Marqueece Harris-Dawson Is An American Hero, MK.Org Video Of Racist Sunset-Vine BID Rant Played In City Hall

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