All posts by Mike

Business Improvement Districts, Los Angeles City Government

BID Consultant John Lambeth Of Civitas Advisors Is Working On Forming The Echo Park BID For The City Of Los Angeles — And The Route 66 BID For That Matter — No One’s Paying Him For Route 66 And The City Won’t Act Promptly Re Echo Park — What’s A Putatively Ethical Consultant To Do? — Refuse To Sign The Damn Contract Until The City Gets Its Act Together!

May 5, 2018 Mike Leave a comment

Good God, could the neverending saga of the inchoate Echo Park BID get even weirder? Since you ask, the answer, of course, is obviously yes. You may recall that very recently Councilbaby Mitch O’Farrell moved that the City give BID consultants Civitas Advisors another heaping beaucoup de bigly bucks to let them continue working on the extraordinarily multiyear process of creating the Echo Park BID.

The City memorialized this effort in Council File 10-0154-S1, created on February 27, 2018 to contain the above-mentioned motion. On April 13, 2018 the full council adopted the motion which, for reasons I won’t even think about pretending to understand, doesn’t seem to require Mayoral concurrence to take effect. So they got the money, they got the BID consultant, what’s the damn problem?

Well, this newly obtained April 17, 2018 email from head Civitas Honcho John Lambeth to Los Angeles City Clerk Holly Wolcott about the progress of the also-pending Route 66 BID¹ sheds some light on problems with the BID formation process in Echo Park.² As always, there’s a transcription and commentary after the break.³ Continue reading BID Consultant John Lambeth Of Civitas Advisors Is Working On Forming The Echo Park BID For The City Of Los Angeles — And The Route 66 BID For That Matter — No One’s Paying Him For Route 66 And The City Won’t Act Promptly Re Echo Park — What’s A Putatively Ethical Consultant To Do? — Refuse To Sign The Damn Contract Until The City Gets Its Act Together! →

Street Vending

Ricardo Lara’s Street Vending Bill SB-946 Clears Senate 22-10 On Straight Party Line Vote

May 4, 2018 Mike Leave a comment

I usually leave this kind of reporting to the professionals at the Times, but as of right now they haven’t published anything, and this is important, so I’m just dropping this short note on you. As you know, we’ve been tracking Senator Ricardo Lara’s hugely important SB-946, which would prohibit cities across California from stifling legal street vending with oppressive zillionaire-friendly regulations. For background, see this fine article on the bill in the Times by the incomparable Emily Alpert Reyes.

Well, yesterday, this bill passed the full Senate on a 22-10 straight party line vote. The opposition amongst Los Angeles zillionaires and their BIDdie minions is building, but has not yet reached the feverish peak that we can surely expect. The bill is not in the clear yet, as it still must pass the Assembly, and it’s not a given that the governor will sign, but nevertheless, this is a huge step. You can find your Assemblymember here and urge him or her to support this essential legislation. See here for sample letters of support to crib from.
Continue reading Ricardo Lara’s Street Vending Bill SB-946 Clears Senate 22-10 On Straight Party Line Vote →

Business Improvement Districts, Homeless Issues

At Eager Prompting Of Scofflaw Board Member, Brand New South Park BID Homeless Outreach Coordinator Angela De Los Santos Admits On Camera To Violations Of State Law Regarding Where BID Activities Can Take Place

May 3, 2018 Mike Leave a comment

You may recall that I regularly write about the South Park BID and the seemingly endless parade of their wanton violations of the Brown Act. It seems like every meeting brings another violation and the last meeting involved at least two distinct violations. Thus it will come as a welcome change of pace, I am sure, to learn that this post is about the South Park BID violating the law, to be sure, since that’s pretty much what they do over there, but at least it’s not about them violating the Brown Act!

The law in question here is the Property and Business Improvement District Law of 1994, which states at §36625(a)(6) that “[t]he revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district…” And yet, at the April 26, 2018 meeting of the South Park BID, funding activities outside the BID is precisely what was discussed. But I’m getting ahead of my story!

See, what happened is that on April 9, 2018 the South Park BID hired a homeless outreach coordinator, Angela De Los Santos, who was introduced to the BID on the 26th by executive Directrix Ellen Salome Riotto. Angela De Los Santos passed out a handout (which stated that there were only 18 homeless people in the South Park BID), talked about her duties for a while, and then took questions from the Board.

One of the questions was about “the underpasses just outside the South Park BID borders,” and that’s where things got interesting! You can watch the exchange here, although parts of it are hard to hear. Turn the page for transcriptions, discussions, and some more documentary evidence.
Continue reading At Eager Prompting Of Scofflaw Board Member, Brand New South Park BID Homeless Outreach Coordinator Angela De Los Santos Admits On Camera To Violations Of State Law Regarding Where BID Activities Can Take Place →

Lawsuits, Public Records Act Pragmatics, Venice Beach BID

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

May 1, 2018 Mike Leave a comment

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 →

Venice Beach BID

Venice Activist Margaret Molloy’s Public Comment To The Coastal Commission On April 11 Led Commissioner Effie Turnbull Sanders To Ask Staff To Report Back On Whether The Activities Of The Venice Beach BID Constitute Coastal Development And Therefore Require A Permit From The Commission — Chief Counsel Chris Pederson Thinks It’s Possible That BID Activities Are Subject To Commission Review

April 29, 2018 Mike Leave a comment

The California Coastal Commission was created in 1972 by the California Coastal Act and charged with implementing and enforcing that monumental law, one of the main purposes of which is to “[m]aximize public access to and along the coast and maximize public recreational opportunities in the coastal zone.”¹

A major way in which the Commission exercises this power is through the issuance of coastal development permits, about which the law states:² … in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, any person … wishing to perform or undertake any development in the coastal zone … shall obtain a coastal development permit.

The Act’s definition of “development,” found at §30106, is quite broad. It includes, e.g., “change in the density or intensity of use of land as well as “change in the intensity of use of water, or of access thereto.” It also requires at §30253(e) that new development “… protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses.”

Well, that last bit applies to Venice if it applies to any neighborhood in this state. Based on these requirements, therefore, anti-BID activists in Venice have been working out a very plausible theory that the establishment of the BID, and especially the BID’s private security force patrolling the public spaces adjacent to the beach, constitute development under the Coastal Act and that therefore they require a coastal development permit to be authorized.

And we can hope that such a permit would be unlikely to be authorized because whatever else BIDs may do, they certainly erode, attack, and destroy the unique characteristics of the neighborhoods they inhabit. This isn’t illegal in most parts of the City, but the Coastal Act preempts municipal law, so maybe BIDs are illegal in the Coastal Zone, or at least can be forced to severely limit their activities in order to obtain a coastal development permit.

And thanks to the persistence of this brave band of devoted activists, this idea gained a great deal of traction at the Coastal Commission’s meeting a couple weeks ago. Margaret Molloy gave a public comment outlining the theory and Commissioner Effie Turnbull Sanders,³ in direct response, asked Commission staff to research and report back on whether the Venice Beach BID or its activities constitute development.

Furthermore, Commission Chief Counsel Chris Pederson then stated:“I do not believe that the formation of the BID in and of itself qualifies as development. It may then engage in activities that qualify as development that would be subject to Coastal Commission review.” Audio of both of these parts of the meeting is available here and there are transcriptions (and a little more commentary) after the break.
Continue reading Venice Activist Margaret Molloy’s Public Comment To The Coastal Commission On April 11 Led Commissioner Effie Turnbull Sanders To Ask Staff To Report Back On Whether The Activities Of The Venice Beach BID Constitute Coastal Development And Therefore Require A Permit From The Commission — Chief Counsel Chris Pederson Thinks It’s Possible That BID Activities Are Subject To Commission Review →

Business Improvement Districts

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

April 27, 2018 Mike Leave a comment

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 →

Business Improvement Districts

How Is South Park BIDdie And Famously Manic Minion Katie Kiefer Just Like Richard Nixon? Well, We Won’t Have Either Of Them To Kick Around Any More — Not Sure Where Nixon’s At But Katie Kiefer’s Off To Work For José Huizar In CD14 — Did I Mention That I Recorded This Morning’s South Park BID Meeting? Well I Did!

April 26, 2018 Mike Leave a comment

This is just a short note to announce the availability of video of this morning’s meeting of the South Park BID‘s board of directors. There’s a lot going on here, and I have at least a few detailed posts to write about this material over the next few days, but I just wanted to provide links so you can see for yourself, and also to announce a stunning piece of news about the SPBID’s director of operations Katie Kiefer.

She is leaving the BID to go work for the prince of darkness himself, Mr. José Huizar, over at 200 N. Spring Street. This makes her the latest BIDdie to move over to Huizar’s office, the last known instance being Mr. Ari Simon, late of the Historic Core BID, batty little fusspot Blair Besten’s weirdo empire on Broadway.

Here are links to the video, and turn the page for a transcription of bad BIDdie Ellen Riotto’s announcement to the board:

YouTube: Part I • Part II
Archive.Org

Continue reading How Is South Park BIDdie And Famously Manic Minion Katie Kiefer Just Like Richard Nixon? Well, We Won’t Have Either Of Them To Kick Around Any More — Not Sure Where Nixon’s At But Katie Kiefer’s Off To Work For José Huizar In CD14 — Did I Mention That I Recorded This Morning’s South Park BID Meeting? Well I Did! →

Business Improvement Districts, Venice Beach BID

Update On The Willingness Of The California Board For Professional Engineers To Read And Consider Complaints Against Engineers Who Prepare Reports For BID Establishment — According To Boss Honcho Ric Moore They Not Only Will Read And Consider Them But He Personally Will Review And Clarify The Findings Of His Enforcement Staff — It’s Hard To Know If This Is Excellent, But It Is Way, Way, Way Better Than Nothing!

April 24, 2018 Mike Leave a comment

As you may know, I’ve been working on getting the California Board for Professional Engineers, which regulates the profession of engineering in California, to accept complaints against the engineers who write reports supporting BID formation. At first the Board’s position was that the preparation of such reports didn’t even constitute the practice of engineering and therefore all such complaints should be rejected a priori. After a few months of discussion, the Board seemed more entrenched than ever in this disappointing position.

However, in the last week or so, the Board, in the person of Executive Director Ric Moore, seems to have softened its position somewhat. In this email,¹ Moore has made what strike me as two significant concessions:²

◈ Ric Moore stated that all complaints to the Board are read and responses reflect the actual factual allegations in the complaint.
◈ He also said that if the person filing the complaint doesn’t believe that this happened he, Ric Moore, will clarify and address the concerns.

This certainly is welcome news, and Ric Moore’s statements have had at least two immediate consequences. First, the Venice resident who filed the original complaint against BID engineer Ed Henning took Moore up on his officer to clarify and address concerns. Second, because Moore has committed his agency to reading all complaints and responding based on the factual allegations, I have determined to submit my own complaint against Ed Henning. I hope to have this done within four weeks, possibly sooner.

And I have updated this Archive.Org page with the additional emails (dated April 16 and 17, 2018). Turn the page for links to the new emails, transcriptions of all or part of the salient ones, and possibly a little more discussion of the issues.
Continue reading Update On The Willingness Of The California Board For Professional Engineers To Read And Consider Complaints Against Engineers Who Prepare Reports For BID Establishment — According To Boss Honcho Ric Moore They Not Only Will Read And Consider Them But He Personally Will Review And Clarify The Findings Of His Enforcement Staff — It’s Hard To Know If This Is Excellent, But It Is Way, Way, Way Better Than Nothing! →

Business Improvement Districts

Even Funnier The Second Time Around! Ellen Riotto And/Or Manic Minion Katie Kiefer Of The South Park BID Continue To Follow Open-Sourced Wiki-Legal Advice From Internet Randoms At Your Favorite Blog Evers!!

April 23, 2018 Mike Leave a comment

It seems like forever ago by now, but maybe you recall that in February the South Parkers sent around an agenda announcing a closed session that was so freaking out of compliance with the Brown Act that I could not, despite mom’s best advice, keep my mouth shut. Thus I emailed the Parkies and hilarity and agenda revisions ensued!

Well, these Southies have another meeting coming up this very Thursday, and imagine my joy when I received a copy of the agenda! And imagine my horror when I noticed the bit about teleconferencing! Here’s what it said:

CONFERENCE DIAL-IN :
If you cannot join the meeting physically but wish to join via phone, meeting dial-in details:
Conference number: 857 – 216-3930
Conference PIN: 45426

Please notify Katie Kiefer. Director of Operations, at least 48-hours in advance if you will be dialing in. Contact her via email, Katie@SouthPark.LA, or by phone, (213) 663-1120.

We’ve been through this crapola before with the East Hollywood BID. The plain fact is that the Brown Act forbids teleconferencing unless it’s happening from a teleconference location where members of the public can go to participate. You can read all about it in §54953(b). It’s just not OK to assume that all members of the public who wish to participate have phones.

Also, the Brown Act at §54953.3 forbids local agencies¹ to require members of the public to identify themselves as a condition of attending the meeting. This made me pretty sure that the BID’s requiring would-be teleconferencers to register their names with Ellen Riotto’s manic minion Katie Kiefer was another violation.

So anyway, usually I would just wait around for the BIDdies to actually break the damn law and then turn them in to the Public Integrity Division of the Los Angeles County District Attorney like I did with the Los Felizites and more recently with the Central City East Association. But it was so entertaining the last time I warned them and they actually took my advice that I thought I’d give that another try.

So I sent them an email saying essentially hey friends you’re about to break the law again! And what do you know? A couple hours later they sent me an email² saying essentially hey friend, you’re right! We’ll change everything! And then a couple-few days later, that is, this morning, they sent out a revised agenda stating definitively that:

NOTE: Teleconferencing into this meeting will not be enabled.

So woo-freaking-hoo, amirite?! Turn the page for transcriptions of the emails.
Continue reading Even Funnier The Second Time Around! Ellen Riotto And/Or Manic Minion Katie Kiefer Of The South Park BID Continue To Follow Open-Sourced Wiki-Legal Advice From Internet Randoms At Your Favorite Blog Evers!! →

Business Improvement Districts

Highland Park BID-Associated Facebook Stalkers Discovered That Community Activists Planned A Vigil For Lost Murals — Misty Freaking Iwatsu Reported Their Plans To Cedillo Staffers Terrazas, Rodriguez, And Bill Freaking Cody — Bill Freaking Cody To Misty Freaking Iwatsu: “I Will Handle This” — Same Bill Cody, By The Way, Who Is Way, Way Too Cozy With The Zillionaires For Someone Whose Job Is To Represent The Whole Community

April 19, 2018 Mike Leave a comment

Yesterday I received another 1700 or so emails from Misty Iwatsu of the Highland Park BID in response to my public records act requests. These are available here on Archive.Org. I haven’t had time to read all of them yet, but at least two of them are really important, having to do with the BID’s well-known creepy Facebook stalking of community activists.

Here’s the short version. On November 12, 2017 someone¹ sent an email to Misty Iwatsu to alert her to the fact ‘[t]hat guy (Mando) has advertised an event, “We will be having a vigil in memoriam of the murals and art that was already destroyed by Misty Iwatsu”‘. This was accompanied by a screenshot from Facebook showing a discussion about the vigil (There is a full transcription and a copy of the screenshot after the break).

Misty Iwatsu forwarded this email to three Cedillo staffers from the rep’s Highland Park field office, namely Conrado Terrazas, Jose Rodriguez, and Bill Cody. Bill Cody² emailed his response just 64 minutes later even though it was really late at night on a freaking Sunday, with this astonishing statement: “I will handle this. Talk to you tomorrow.”

I really wonder what the heck the guy is thinking. Some people are planning to do something completely legal and they’re being Facebook-stalked over it by a City-funded zillionaires’ club who is feeling, even though the City Council has carved up the entire City into bite-sized pieces and is feeding it to them bit by freaking bit, that they’re the victims of the story so they have to email CD1 staff in the middle of the night to bitch about this vigil and, even weirder, a staffie responds in the middle of the night saying that he will “handle this.”

This is beyond bizarre in a hysterically fearful way that I’ve come to expect from BIDdies but am just starting to get used to the City’s style of response to it.³ Really, I wonder what Bill Freaking Cody would do if I emailed him in the middle of the night the next time the damn BID was planning a meeting? “HELP, Bill Cody! Zillionaires are planning to get together and conspire against human beings in Highland Park!!” Would he get right back to me with a promise to “handle this”? Don’t think so.

Anyway, turn the page for more details from the emails and another hitherto unrevealed juicy tidbit about Bill Freaking Cody!
Continue reading Highland Park BID-Associated Facebook Stalkers Discovered That Community Activists Planned A Vigil For Lost Murals — Misty Freaking Iwatsu Reported Their Plans To Cedillo Staffers Terrazas, Rodriguez, And Bill Freaking Cody — Bill Freaking Cody To Misty Freaking Iwatsu: “I Will Handle This” — Same Bill Cody, By The Way, Who Is Way, Way Too Cozy With The Zillionaires For Someone Whose Job Is To Represent The Whole Community →