All posts by Mike

City Ethics Commission Declines to File Civil Action Against Sokol and Lambert For Campaign Contributions

Sokol, Lambert, Bonin, others.
Sokol, Lambert, Bonin, others.
Perhaps you recall that Venice Beach BID proponents Carl Lambert and Mark Sokol famously made a lot of campaign contributions to various City politicians, many of whom were responsible for voting on the BID. It’s plausible that this violates LA City ethics laws, and my colleages and I filed a complaint with the Ethics Commission on the matter. The law gives the commission 40 days to decide if they will proceed. Yesterday, 38 days after the complaint was filed, the Ethics Commission announced that it did not intend to pursue a civil action. So that happened. You can read their email after the break, but it doesn’t, and this seems proper, say much.
Continue reading City Ethics Commission Declines to File Civil Action Against Sokol and Lambert For Campaign Contributions

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Venice Beach BID Hearing Roundup: Bonin Jettisons Deference, Implicatively Slams Hollywood, Downtown BIDs: “There’ve Been Good BIDs And There’ve Been Bad BIDs” And Hollywood? And Downtown? Not Good BIDs. Wesson/Englander Totalitarian Style Almost Causes Third Do-Over

A battle-weary Mike Bonin graciously acknowledges his ultimate victory this afternoon at the Venice Beach BID hearing.
A battle-weary Mike Bonin graciously acknowledges his ultimate victory this afternoon at the Venice Beach BID hearing.
Quick summary: Venice Beach BID hearing in August was messed up due to habitual arrogance of City Council. Heroic civil rights lawyer calls bullshit. City Attorney sees potential liability for City and advises a do-over. A bunch of other shenanigans, too many to name-check at this point, ensue. This morning the do-over hearing was held. You can watch it here on YouTube.

So everyone made their comments, and they weren’t all that different from the first time, although Mike Bonin managed not to lose his shit and compare the BID opposition to Trump supporters.1 But nevertheless, there were a few surprising moments. Recall that the first hearing was invalidated because third-smartest-guy-in-the-room Herb Wesson cut off public comment too early. So this time, Mitch Englander, who is Council president pro tem,2 after all the speaker cards had been called, announced to the world at large:3

Mitch Englander on the dais getting whispered advice from a deputy city attorney.  What does it say about our City that almost 15% of our Councilmembers are named Mitch?  Nothing good, friends, nothing good.
Mitch Englander on the dais getting whispered advice from a deputy city attorney. What does it say about our City that almost 15% of our Councilmembers are named Mitch? Nothing good, friends, nothing good.

I wanna be extra careful on this one given the problems with the last public hearing. Is there anybody here who filled out a card or tried to speak or
[unintelligible] has not been heard yet?

And then the other one, Wesson or Englander, seeing that sanest of habitual gadflies, Eric Preven, indicating that he would like to speak, announced:

Ah, Mr. Preven, you actually spoke to the Council already for your maximum of three minutes per the Council rules.

And Preven said no. And everyone in the room wondered whether they were really going to take the risk of messing everything up for a second time just to prevent Eric Preven from speaking for one more minute after we’d all been there almost an hour already. Well, the Deputy City Attorney told the two prezzes to CTFO, and they folded, for Christ’s sake, and let Eric Preven speak.

But far more interesting than that was Bonin’s victory speech.4 In particular, maybe since he was feeling a little conciliatory, he said:
Continue reading Venice Beach BID Hearing Roundup: Bonin Jettisons Deference, Implicatively Slams Hollywood, Downtown BIDs: “There’ve Been Good BIDs And There’ve Been Bad BIDs” And Hollywood? And Downtown? Not Good BIDs. Wesson/Englander Totalitarian Style Almost Causes Third Do-Over

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Central Avenue Historic BID May Provide Insight Into The Process By Which BIDs Evolved From Whatever They Were Originally Conceived To Be Into Weaponized Shock Troops Of The Zillionaire Real-Estate Power Elite

Sherri Franklin of the Urban Design Center, consultant to the Central Avenue Historic BID, speaks at the November 2, 2016 meeting of the Board of Directors.
Sherri Franklin of the Urban Design Center, consultant to the Central Avenue Historic BID, speaks at the November 2, 2016 meeting of the Board of Directors. I apologize for the crappy image quality. I didn’t plan to film.
After I spent some time looking into the Central Avenue Historic BID in the context of potential political goals for the post-approval Venice Beach BID, I thought it would be interesting to learn more about this newborn BID.5 The meetings are held at CD9’s district office at 4301 S. Central,6 so on a very pleasant evening last Thursday, I took the 210 out of Hollywood to MLK and Crenshaw, where I boarded the 705 to Central and Vernon from whence a couple blocks North on Central to watch the Board of Directors conduct their business.7 The meeting was scheduled to start at 5:30, but that evidently included some preliminaries, because when I got there at about 10 to 68 they hadn’t started yet.

Anyway, take a look at the agenda. You can see that they’re talking about the kind of things that one would expect BIDs to talk about from, e.g., reading the Wikipedia page on BIDs,9 like branding and marketing, cleaning the streets, having Halloween events, and so on. And watch this short clip of the meeting.10 That’s Sherri Franklin of the Urban Design Center, the BID consultant, who also seems to be functioning as executive director, talking about some kind of partnership the BID’s working on with Hollywood Community Housing Corporation involving affordable housing at the corner of Central and Jefferson.11

Allan Muhammad, security director for the Central Avenue Historic District BID.
Allan Muhammad, security director for the Central Avenue Historic District BID.
And then you can watch here as BID security director Allan Muhammad introduces his employees, and then they proceed to hand out sample Halloween bags to everyone in the room. They didn’t once discuss custodial arrests, handcuffs, social engineering, mass relocations, self-aggrandizing 5150 holds, or any of the other hard-edged tactics of which the City’s older and ever so much more dangerous BIDs are so enamored. And even though I only got 15 minutes on tape of the 90 minutes I was there12 they didn’t really have anything objectionable to say even during the parts of the meeting I didn’t record. They talked about parking, they talked about their phone bills, they talked about how it was hard for the BID to patronize local businesses because they mostly only accepted cash.13

Could this be what a BID looks like as BIDs were intended to look? Well, the very question is based on a false assumption. And there were foreshadowings of bad news to come. And on the way home, and for the last few days, it’s got me thinking about what BIDs were meant to be,14how BIDs15 evolve under selective pressure, and how it’s probably inevitable that this BID is going to end up like the worst of the Downtown BIDs, the worst of the Hollywood BIDs. The short version is that BIDs probably started out as helpful tools, but as a wise woman once said, “every tool is a weapon if you hold it right.” So turn the page if you’re still interested…
Continue reading Central Avenue Historic BID May Provide Insight Into The Process By Which BIDs Evolved From Whatever They Were Originally Conceived To Be Into Weaponized Shock Troops Of The Zillionaire Real-Estate Power Elite

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Crucial Breakthrough In Anti-BID CPRA Pragmatics From City Clerk: Miranda Paster Accepts My Argument And Thereby Releases Mailing List For South Los Angeles Industrial Tract BID!

Standard Plating at 826 E 62nd Street in the South Los Angeles Industrial Tract BID.
Standard Plating at 826 E 62nd Street in the South Los Angeles Industrial Tract BID.
One of the primary problems faced by anti-BID activists is that it is next to impossible to find out how to get in touch with the property owners involved in the BID. It’s politically necessary to do so because as matters stand now they are the only people who can get rid of a BID, so we have to be able to send them propaganda.16 This problem was crucial in the (ongoing) struggle against the Venice Beach BID,17 with both the City and CD11 claiming that the mailing list was not a public record. I chipped away and chipped away at this and finally, a couple months ago, Miranda Paster accepted my arguments and handed over the list.

For technical reasons, though, that victory was not applicable to BIDs in general.18 You can read the details in the above-linked-to post. So the next step is to find a way to get a mailing list for any BID. This is still ongoing, but today another one of my intermediate, more restricted, strategies was successful. It’s based on this June 15, 2015 report from Miranda Paster to Holly Wolcott.19 The crucial bit is the statement that:

On June 18, 2015, staff mailed out notice of public hearing and ballot packages for the renewal of the South Los Angeles Industrial Tract and Granada Hills Business Improvement District and notice of public meeting and public hearing for the renewal of the Los Angeles Tourism Marketing District.

Recall that for months, Miranda Paster put me off the mailing list for the Venice Beach BID by claiming that it was the property of shadowy BID consultant Tara Devine and not, therefore, a public record. Thus the success of these requests hinges on the precise definition of what a public record is, and for that and subsequent discussion, you have to turn the page.
Continue reading Crucial Breakthrough In Anti-BID CPRA Pragmatics From City Clerk: Miranda Paster Accepts My Argument And Thereby Releases Mailing List For South Los Angeles Industrial Tract BID!

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The Venice Beach BID Hearing Is Scheduled For November 8, 2016 At 10 A.M. And Here Is Some Anti-BID Material That’s Being Circulated

anti_venice_beach_bid_flyer_screenshotIf you’ve been following the story of the Venice Beach BID at all you will know that the first hearing that the City held on this matter was shown to be invalid via some sharp lawyering by superhero public interest attorney Shayla Myers and that subsequently the City had to call a complete do-over of the process. Well, the time for the do-over hearing is rapidly approaching. It will be held at City Hall on Tuesday, November 8, at 10 a.m. If you can fit it in I hope you can show up and voice your opposition.

And your opposition is being heard by the City. For instance, City Clerk Holly Wolcott was recently quoted in the Argonaut to the effect that

… the drama surrounding the Venice Beach BID is unprecedented. “Since I’ve been in office, we’ve never seen the level of turnout we had for the BID nor had a BID ordinance repealed for these reasons,” she said.

Whether or not we’re ultimately successful in preventing this BID20 is less important than to show the City that they can no longer expect that their BID-building shenanigans will unfold unopposed in the quiet of their formerly smoke-filled back rooms. It’s important to show them that what Wolcott thinks is an anomaly may well be the new normal.

Finally, as they have been doing all along, the fine folks at Venice Community Housing are leaders in the anti-BID movement, and they’ve produced and/or distributed some useful information, to which you can find links after the break.
Continue reading The Venice Beach BID Hearing Is Scheduled For November 8, 2016 At 10 A.M. And Here Is Some Anti-BID Material That’s Being Circulated

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California Government Code Section 1222 Is A New (To Us) Governmental Integrity Law Of Which Chad Molnar’s CPRA Shenanigans Constitute A Violation, Making Him Not Only Unethical But An Actual Criminal And Potentially Even Subject To Citizen’s Arrest!!

Chad Molnar in June 2016, just smiling away because it hasn't yet occurred to him that he is going to jail.
Chad Molnar in June 2016, just smiling away because it hasn’t yet occurred to him that he is going to jail.
Perhaps you’ve been following along with our LAMC 49.5.5(A) project, in which we turn various City officials and employees in to the LA City Ethics Commission for violating that most lovely government accountability ordinance, LAMC 49.5.5(A) by misusing their positions in various ways. Well, just recently, via the fine folks at the Coalition to Preserve L.A., I learned of a possibly even more funner law, which may allow City employees not only to get fined by the CEC for violating CPRA, but actually locked up for it! Ladies and gentlemen, loyal MK.Org readers, may I present to you the stunning law known to the world as California Government Code Section 1222, which states in full:

Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.

The potential here is astounding. You see, there is “no special provision…made for the punishment of” a failure to comply with CPRA. This is in contrast to, e.g., the Brown Act, which does contain a clause making certain kinds of violations misdemeanors.21 However, the duty to comply with CPRA is “enjoined by law upon” public officers. For instance, the California Constitution at Article I, section 3(b) states pretty unequivocally that:

In order to ensure public access to the meetings of public bodies and the writings of public officials and agencies, as specified in paragraph (1), each local agency is hereby required to comply with the California Public Records Act …

Now, this law requires22 that the failure to act be wilful. But, of course, that’s where we have Chad Molnar dead to rights. If you didn’t read the whole story, you can at least read the smoking gun, in which Chad Molnar actually states explicitly that he’s not going to comply with CPRA and that he doesn’t think he has to comply. And note that this is not just him not complying with some vague part of the law, proof of violation of which would require a fact-finder, but him not complying with objectively clear, explicitly mandated, response deadlines. He just flat-out says he’s not going to respond as required. It’s hard to imagine a more wilful violation than that.

So anyway, as soon as possible, I hope this weekend, I’m going to write up a complaint and figure out what to do with it. Perhaps I’ll try the neighborhood prosecutor in Venice. They do handle misdemeanors, after all. This probably won’t work so well, and then I’ll send it to Jackie Lacey’s Public Integrity Division. I’ll keep you up-to-date. And if you’re still interested, turn the page for even more wildly uninformed speculation.23 Continue reading California Government Code Section 1222 Is A New (To Us) Governmental Integrity Law Of Which Chad Molnar’s CPRA Shenanigans Constitute A Violation, Making Him Not Only Unethical But An Actual Criminal And Potentially Even Subject To Citizen’s Arrest!!

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David Ryu’s Staff Evidently Considered and Rejected Lisa Schechter’s and Media District BID’s (Illegal, Unethical) Plea For A Council Motion Regarding Oversize Vehicle Parking In February 2016

Lisa Schechter in February 2016, right around the time that David Ryu's staff was quite sensibly deciding to ignore her illegal and unethical lobbying to ban RV's in the Media District.
Lisa Schechter in February 2016, right around the time that David Ryu’s staff was quite sensibly deciding to ignore her illegal and unethical lobbying to attack homeless people by banning RVs in the Media District.
Recall that in August 2016, Mitch O’Farrell and Mike Bonin introduced a motion in Council to attack the homeless by prohibiting RVs from parking overnight in the Media District BID. This was as a result of lobbying by Lisa Schechter, now executive directrix of the Hollywood Media District BID, but formerly Tom LaBonge’s high muckety-muck for something or another. The full story is here. At the time I wondered why David Ryu hadn’t seconded the motion, given that (a) Schechter had lobbied him heavily to do so, and (b) a significant part of the Media District BID is in CD4:

[His non-involvement] suggests the possibility that Ryu isn’t as invested in pleasing these BIDdies as O’Farrell is. Or maybe he’s sitting it out because his staff has made him aware that Schechter’s up to something sneaky.

Well, I recently obtained emails from CD4 that bear on the matter. These are heavily redacted, but interestingly, as is sometimes the case, the redactions themselves tell part of the story.
Continue reading David Ryu’s Staff Evidently Considered and Rejected Lisa Schechter’s and Media District BID’s (Illegal, Unethical) Plea For A Council Motion Regarding Oversize Vehicle Parking In February 2016

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CD13 Field Deputy Aram Taslagyan’s Homeless Encampment Cleanup For Property Manager Bryan Kim Is Latest Entry In Our LAMC 49.5.5(A) Project

Council District 13 Field Deputy Aram Taslagyan.
Council District 13 Field Deputy Aram Taslagyan.
This evening I’m pleased to present the third installment in our ongoing LAMC 49.5.5(A) project, in which we report various City employees to the Ethics Commission in an attempt to discover exactly what the most fascinating ordinance ever,24 LAMC 49.5.5(A), actually prohibits. It says:

City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.

Now, if you’ve been following the saga of Bryan Kim and Aram Taslagyan here on this blog,25 you’ll have noted these essential elements of the story:
Continue reading CD13 Field Deputy Aram Taslagyan’s Homeless Encampment Cleanup For Property Manager Bryan Kim Is Latest Entry In Our LAMC 49.5.5(A) Project

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What To Press For After The Venice Beach BID Is Approved

palm_trees_at_venice_beachBecause it will be approved. We know that. But we also know that Mike Bonin might be susceptible to political pressure. He even thought about moving the hearing date, presumably in response to political pressure and cogent criticism. Maybe the same tactics can help improve what’s presently looking like it’ll be yet another version of the worst that this City’s BIDs in Hollywood and Downtown have to offer. So here are some things which might be attainable politically and which might help mitigate some of the worst excesses to which BIDs are prone.

First of all, maybe you remember the recent tumult over the Arts District BID. If not, there’s a26 version of the story here. In short, some property owners got a judge to dissolve the BID, there was a big fuss about getting a new BID formed, and in order to settle the controversy, José Huizar stepped in and brokered a compromise involving the composition of the Board of Directors. As the L.A. Business Journal put it:

City Councilman José Huizar, whose district includes the neighborhood, on Tuesday announced that the Arts District Community Council Los Angeles has agreed to drop its application to create a BID and support an application sponsored by a group called Arts District Los Angeles. The ADLA, in turn, agreed to give Community Council representatives at least four seats on an expanded 23-member board. In addition, the area’s homeowners association will get three additional seats on the board.

If Huizar can negotiate seats on the Arts District BID Board, Mike Bonin can certainly change the composition of the Board of Directors of the Venice Beach BID if he wants to.27 The composition of the Board is a political matter which can be influenced by political tactics. The Arts District dissenters got four seats out of 23, not enough to change things, although by no means an empty victory. A vote, four votes, is not nothing in such a closed-off political entity. Another moral is that the homeowners association got seats on the Board. That is, Huizar got people who live in the BID a voice on the Board. This is also not trivial.

But one of the City’s newest BIDs, the Central Avenue Historic District BID, suggests an even more promising goal, one which would go a long way toward making something not so bad out of the presently horrifying prospect of the VBBID.
Continue reading What To Press For After The Venice Beach BID Is Approved

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New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit

image_from_sanitation_reportAnnouncing lots of new documents!

Venice Beach BID Emails:

LA Sanitation Homeless Encampment Materials. Note the crappy quality of these things. That’s because, even though CPRA says both clearly and explicitly that if records are stored electronically they must be released in an electronic format, not only does LASAN refuse to do this, insisting on printing these low quality black and white copies from the electronic color originals, but they won’t even answer my emails about this, even though CPRA also compels them to answer. Ah, sigh, right?

BID Feasibility Reports. It seems that BID consultants are supposed to prepare these reports before the BID formation process starts. It also seems that this rule is not enforced. When I asked Miranda Paster for all of these, she sent me only these two: San Pedro and Pacoima. Perhaps these are all there are, in which case yet another rule is being broken.

And finally, turn the page for the City of LA’s answer to the Save Valley Village vote-fixing lawsuit!
Continue reading New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit

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