A recently discovered Roy Lichtenstein portrait of Blair Besten, Executive Directrix of the Historic Core BID and newly confirmed member of some nonsensical City Council sinecure funded by the homeless-industrial complex. It’s not discussed in this post, but one of Blair Besten’s favorite reasons for ignoring the statutory requirements of CPRA is that she’s just too freaking busy to deal with it.When I set out to write this blog, I never imagined that the actual mechanics of the California Public Records Act would become such a big topic. However, it has indeed turned out that way, and for a number of reasons. Mostly it’s because I got really interested in the way the law works as well as in the benefits it provides. It turns out, also, that a lot of people read this blog because they’re interested in CPRA as a thing-in-itself. And finally, it turns out that my victims the objects of my attention, both BIDs and City, have become a whole lot more stubborn about handing over the goods, which leaves me to fill what might otherwise be holes in my publishing schedule due to sporadic document-production gaps by discussing their stubbornness.1Blair Besten seems to have had some trouble understanding the law…
Anyway, somehow or another I learned of a workshop that BID-buddy Blair Besten‘s BID, the Historic Core BID, once co-sponsored with a bunch of LAPD and County DMH flunkies about craziness amongst the homeless downtown.2 So I asked Blair Besten to send me the goodies, and some time later, she sent me this set of 16 pages of emails. It turns out to mostly not be that interesting, although Blair Besten’s idea of what ought to be redacted is pretty cracked. For instance, you can see in the image that she redacted some guy’s whole name and then didn’t redact his first name in the very next paragraph. Is her hiding the fact that some guy named Andrew emailed her so much in the public interest that it’s obviously exempt? If so, why didn’t she cross out the very next instance of it?
And, as you can see, for whatever reason, Blair Besten has made a dedicated pseudonymous email address for responding to CPRA requests. It’s publicrecords@historiccore.bid, and she and her flunky Paola Flores use it interchangeably.3 This turn to pseudonymity seems to be a common instinct amongst those feeling hassled by their duties under CPRA. South Park has done it, the HPOA has done it, CD4 did it, and even the City of Los Angeles has flirted with the idea. It’s important for the sake of maximizing interhuman communicativity to identify one’s correspondents and converse with them under their actual names. Fortunately for the sake of meeting this goal, CPRA actually forbids anonymity under some circumstances. Take a look at §6253(d), which states in pertinent part:4Continue reading A Recent Contribution By Blair Besten To The Downtown Homelessness Discourse Briefly Reviewed Along With A Less Brief Discussion Of Why The Review Is So Brief→
Holly Wolcott reimagined as a child of the 60s, chanting the Nam Myoho Renge Kyo of her people, which goes like this: “CPRA does not obligate me to answer questions. Only to provide records. CPRA does not obligate me to answer questions. Only to provide records.” HEY HOLLY!! CPRA also does not obligate you to not answer questions…Perhaps you remember the long and winding narrative of how I spent almost half of last year trying to get the City Clerk’s office to cough up mailing addresses for the property owners in the Venice Beach BID, which they finally did do. There is a reasonable summary with links right here. Today I can reveal a little behind-the-scenes episode in that story.
A few weeks ago, in the middle of about a thousand pages of emails that the City Clerk’s office finally handed over, only about six months after I asked for them, I found this little gem of an email chain. Most of it is me hassling various Clerk staffies for the list of addresses, but right in the middle of it all, there’s an interlude between Holly Wolcott and Deputy City Attorney Mike Dundas, who’s evidently some kind of CPRA specialist over there in City Hall East.5
Shadowy BID consultant Tara Devine as deftly reimagined by the justifiably famous MK.Org technologico-informational-infrastructural machinery.The $80,000 woman and famed co-conspirator of shady contributors and City Attorney lawsuit targets, liar and sneaky deceiver and putter of words into Mike Bonin’s mouth and subject of investigations, shadowy BID consultant Tara Devine, was the guest of honor at Wednesday’s meeting of the third creepiest BID downtown. Her appearance was recorded for this blog by an intrepid correspondent.6 The background is that the South Park BID and its little mutant offspring the South Park II BID are going to merge next year. The process is essentially as complex as starting a brand-new BID, and Tara Devine is the consultant leading the faithful through the slough of despond City bureaucracy. The South Parkies are going to miss some mandated deadline, which will cause the first year’s assessments to be billed and collected by the Los Angeles City Clerk’s office rather than by the County Assessor.
Nicholas Greif evidently agrees with his fellow Palms NC Board members that Mitch O’Farrell’s anti-playground motion is evil, evil, evil… which may be embarrassing for Nicholas Greif’s boss, David Ryu, who will have to vote for the motion if it ever comes up before Council…which it almost certainly will not at this point.BACKGROUND: Recall, if you will, that this L.A. Times editorial kicked off a somewhat misguided firestorm of opposition to Mitch O’Farrell’s recent Council motion 16-1456 seeking to develop a legal tool for banning adults without children from playgrounds in parks in the City of Los Angeles.
So just tonight the Palms Neighborhood Council filed yet another Community Impact Statement opposing Mitch O’Farrell’s Kerry-Morrison-behested anti-playground motion. And like the Eagle Rock NC and the Lincoln Heights NC and the Los Feliz NC before them, they’ve made a well-reasoned and articulate argument:
This measure would penalize lawful park users and would result in discriminatory enforcement. Such a ban improperly assumes that adult park users in a children’s playground area are there solely for nefarious purposes and seeks to ban lawful conduct. Simply being present in a park and enjoying the surroundings is not illegal. There are already criminal laws on the books to address any improper conduct in these areas.
Tara Devine at the Venice Beach BID hearing on August 23, 2016, a day on which she engaged in at least 2.5 hours of lobbying activity.The TL;DR is that I believe that in the course of her consultancy with the Venice Beach BID, Tara Devine qualified as a lobbyist within the meaning of the Los Angeles Municipal Lobbying Ordinance, was therefore required to register with the Ethics Commission, and failed to do so, putting her in violation of the law. If you know what all those terms mean, you may want to go straight to the complaint (Warning: 23MB PDF). For a detailed explanation of the background, though, read on!
The key is found in Section 48.07, which states that “An individual who qualifies as a lobbyist shall register with the City Ethics Commission within 10 days after the end of the calendar month in which the individual qualifies as a lobbyist.” After all, anyone can search the Ethics Commission’s database and see that Tara Devine has never registered as a lobbyist. So the question is whether Tara Devine is “An individual who qualifies as a lobbyist.” This turns out to be a fairly complicated thing to determine.
The first place to start when interpreting any law is with the definitions. In the case of the Municipal Lobbying Ordinance (henceforth “MLO”) they are found at LAMC §48.02. In particular, we will find that the word “lobbyist”:
means any individual who is compensated to spend 30 or more hours in any consecutive three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any person.
And in order to see whether this applies to Tara Devine, we need to understand the following terms:
Shadowy BID consultant Tara Devine looks fate’s oncoming train straight in the eye.There’s an unresolved problem in the application of the California Public Records Act to business improvement districts. The thing is that the Property Owners’ Associations which administer the BIDs are, in part, subject to CPRA because §36612 of the Property and Business Improvement District Law of 1994 makes them so, stating that:
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. … an owners’ association shall comply with the California Public Records Act … for all records relating to activities of the district.
The problem is that the Owners’ Association doesn’t seem to be required to comply with CPRA until it actually is under contract with the City. This, if accurate, means that the activities of the POA before the BID is approved are largely opaque to scrutiny. And this has been a severe problem in the case of the Venice Beach BID, where a number of people, not just me, have had the experience of CD11 staff,8 City Clerk staff, and even freaking Holly Wolcott herself, falsely denying that the City is involved in the BID formation process at all and telling members of the public that they should therefore seek information from shadowy BID consultant Tara Devine. Tara Devine, of course, ignores all requests for information from anyone who seems to be even a little skeptical about the benefits of BIDs.
None of this is the final word on the matter. The only reason that the legislature even made BIDs subject to CPRA is that Aaron Epstein, a brave and determined property owner, sued the living shit out of the Hollywood Property Owners Alliance9 in the 1990s and the Courts determined, in a stunningly righteous decision, that BIDs were subject to both CPRA and the Brown Act. It’s quite possible, perhaps even probable, that if the courts were asked whether or not POAs were subject to CPRA before the contract was signed, they would find that they were. However, that’s not a struggle in which I presently have the resources to engage, so alternative methods of information collection are required.
Philip King of San Francisco State, not just an expert on recreational economics. but a really exceedingly extraordinarily expert expert!For background take a look at this excellent article from the Times on this lawsuit.
Oh boy! No doubt you recall that in January, the plaintiffs filed a declaration of Philip King in which King, a professor of economics at San Francisco State who studies coastal recreational economics. King made a preliminary calculation of the economic damage caused by the aggressively psychopathic surf localism of the Lunada Bay Boys at around $50,000,000 since 1970.
A beautiful office building at 3701 Wilshire Boulevard which, I think, is in the Wilshire Center BID.A super-short note to announce the availability of two years worth of minutes and agendas from the Wilshire Center BID Board of Directors. These are available both via Archive.Org and also in local static storage. These are interesting for the usual reasons, e.g. understanding connections between BIDs and City agencies, what BIDs are up to with respect to public policy, and so forth. And, as usual, there’s also some weirdness to mock, although, sadly, nothing even approaching the real-estate-agents-on-acid weirdness of the Pacific Palisades BID. For instance, in the October 2015 minutes we read:
The question of why homelessness is worsening was discussed. Early release of criminals, mental illness, and service resistant individuals are some of the major reasons. By using a nurturing approach, more of the homeless may be helped. Getting to know individuals, helping out by giving socks, asking if they would like help, are some of the ways the LAPD is breaking through.
The principle of charity leads me to assume that these are the kind of socks one wears on one’s feet rather than the kind one might expect the LAPD to be handing out to the homeless if one were to consider their long, long history of violence.
By July 2016 we have learned that the BID is working with its Council Offices, but they don’t know how to spell David Ryu’s name and they seem to think Herb Wesson’s name is Justin:13
The BID will continue to work closely with the LAPD and the Council Offices, CD4 (Councilman David Ru) and CD10 (Justin Wesson) to help mitigate problems in our area.
Hollywood Division officer Stuart Jaye, blocking photographer Shawn Nee on July 5, 2015.Recall, if you will, that in July 2016 Carol Sobel filed suit in federal court on behalf of Los Angeles photographer Shawn Nee against the City of LA, Charlie Beck, and various LAPD officers, including Hollywood Division stalwart Stuart Jaye, famously dubbed Officer A-Hole by the incomparable Jasmyne Cannick.
