Category Archives: Los Angeles City Council

What Does The City Of Los Angeles Consider “A Significant Number Of Protests” Against BID Formation Or Renewal? A Tragic Lesson From A Failed 2016 Attempt To Disestablish The Los Feliz Village BID

January 21, 2017 Mike Leave a comment

Looking south along Vermont Avenue from Russell Avenue in 1974 (with a good old triangular RTD sign in the foreground!). The trees are bigger now, but otherwise is Los Feliz Village really better off 43 years later?

Long-time readers of this blog will recall that the locus classicus of operational BID policies in the City of Los Angeles is to be found in Council File 96-1972, which is too old to have actual documents online, but I scanned and published a number of them last year.¹ Therein may be found the City’s BID Policy and Implementation Guidelines, which are meant to provide an L.A.-specific implementation of the Property and Business Improvement Law of 1994.

Chapter 2 of that law describes the process for establishment and renewal of a BID,² and it’s remarkable how tentative, how conditional the process is. It’s well-known by this point that in order for a BID to be formed it’s necessary that property owners representing more than 50% of the assessed value be in favor.³ It’s necessary, but it by no means sufficient. Section 36625(a) very clearly leaves the question of formation up to the Council:

If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation…

The only mandatory requirement with respect to BID establishment in the whole Chapter is found in Section 36623(b), which says that if owners holding 50% or more of the assessed value are opposed to the BID, not only can it not be formed, but no further attempts can be made to form it for a year.

And the discretionary nature of the process is reflected in the City’s BID Policy and Implementation Guidelines as well. Therein it states:⁴
The City Council can proceed with the BID if the protest is less than 50%. However, BID proponents are cautioned that they should not expect a favorable vote from the City Council with a significant number of protests.

From the context it’s clear that the policy means that there is some threshold of protest less than 50% with respect to which the Council will not establish the proposed BID even though the Property and BID Act would allow them to do so.

Thus the question arises as to what this threshold is. Well, it turns out that an episode early last year involving the Los Feliz Village BID sheds some light on this question.⁵ The short answer is that business owners⁶ representing 16.95% of the assessed value protested, an unprecedented number,⁷ and yet City Council renewed the BID unanimously. Turn the page for a detailed recounting of the tragic details!
Continue reading What Does The City Of Los Angeles Consider “A Significant Number Of Protests” Against BID Formation Or Renewal? A Tragic Lesson From A Failed 2016 Attempt To Disestablish The Los Feliz Village BID →

CD13, Selma Park

Kerry Morrison/Mitch O’Farrell Vampirical Folie À Deux Begins To Shrivel And Die On Exposure To Light As First Item In The Impending Flood Of Anti-Mitch’s-Playground-Initiative Sentiment Hits Council File In The Form Of Eagle Rock NC’s Unanimous Opposition

January 12, 2017 Mike Leave a comment

If the Eagle Rock Neighborhood Council has its way, this park and its playgrounds will remain free and open to adults with or without children in tow.

If you’re following the story you will recall 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. Of course, this motion turned out to be yet another salvo in the ongoing struggle between Kerry Morrison and all sane Angelenos for access to Selma Park, which she convinced her close personal friend and neighbor Eric Garcetti to illegally curtail because of her irrational fear that people might pass out sandwiches to homeless people in the Park once a week.

This is an old story, and a sad one. Here’s how it goes: Kerry Morrison whispers sweet nothings in the receptive ear of CD13 field deputy Dan Halden at one of their monthly breakfast meetings. Dan, who for some reason thinks Kerry and her minions are Mitch’s constituents, passes the whisper on to “his boss.”⁸ Mitch O’Farrell, no doubt contemplating the oodles and scads of money trickling down to him from the heavy-laden coffers of Ms. and Mr. Kerry Morrison, mutters to himself something like “That sounds good! No need to run that by anyone sane! Kerry Morrison and her money would never lead me astray!!”

But once in a while sane people are paying attention, and then all those reasons that seemed so compelling in the back room suddenly start to look a little — and then a whole freaking lot — crazy. This happens all the time.⁹ And it’s beginning to happen again with this whole playground thing. If you subscribe to the Council file , you will have been notified last night that the Eagle Rock Neighborhood Council voted unanimously to oppose Mitch and Kerry’s motion (full text after the break if you’re PDF-averse).

This is doubtless the first droplet in what we here at MK.Org predict will be a flood of opposition. Sadly, but also hilariously, the opposers don’t actually seem to understand the letter of the proposed law, although they clearly understand the spirit all too well indeed. So let’s settle back and watch the already-at-a-fever-pitch frustration of Mitch and his spokesdude Tony Arranaga grow and grow and grow, as they issue ever-more-tightly-wound explanations until they finally and quietly decide to cut their losses and let the motion die in committee. Stay tuned!
Continue reading Kerry Morrison/Mitch O’Farrell Vampirical Folie À Deux Begins To Shrivel And Die On Exposure To Light As First Item In The Impending Flood Of Anti-Mitch’s-Playground-Initiative Sentiment Hits Council File In The Form Of Eagle Rock NC’s Unanimous Opposition →

CD13, Selma Park

Mitch O’Farrell’s Misbegotten Playground Motion Was About Selma Park After All, Making It Even More Likely That He Was Trying To Please Kerry Morrison, Perhaps Because of the $2,600 In Campaign Contributions Given To Him By Her And Mr. Kerry Morrison

January 1, 2017 Mike Leave a comment

The future of Selma Park as seen in the fevered delusions of Kerry Morrison and Mitch O’Farrell

When I reported a few days ago on the tsunami of bad press surrounding Mitch O’Farrell’s recent Council motion seeking a municipal law to ban adults from children’s playgrounds in parks it was not yet provable, no matter how probable it seemed, that the proposal was related to the ongoing battle for Selma Park. Well, yesterday the Times published an excellent if somewhat shallow article by reporter Dakota Smith which settled the matter once and for all: “[O’Farrell spokesman Tony] Arranaga said O’Farrell proposed the law after locals complained about drug dealing at Selma Park playground in Hollywood.”

It’s still not proven that Kerry Morrison had a hand in O’Farrell’s proposal, but at this point it’s clear that she must have done. First of all, as anyone who actually lives in the area knows, there are no drug dealers in the playground at Selma Park. There may be drug dealers in the adult part, I don’t know, although I haven’t seen any actual drug dealing in there. Thus when Tony Arranaga speaks of putative locals putatively complaining about putative drug dealing in Selma Park, Occam’s Razor leads me to assume he’s talking about Kerry Morrison, who is still fuming more than 15 months after my colleagues and I undid her illegal off-limitsing of the Park for adults unaccompanied by children.

Lunada Bay in Palos Verdes, former home of HPOA bullymeister Kerry Morrison and present home, much like Hollywood under the HPOA, of a particularly virulent form of the restriction of public space through bullying and government-sanctioned privately-applied violence.

And such a move would be more than consistent with what we know about Kerry Morrison’s history. My colleagues recently reported that she and her husband, Mr. Kerry Morrison, had intentionally moved to Los Angeles in order to impose their puritanical visions on our City. Further research has revealed from whence these Morrisons came to our fair City:

Kerry Morrison, executive director of Hollywood’s business improvement district … moved from the more elegant confines of Rancho Palos Verdes. She now lives with her husband and children in Hancock Park, a neighborhood that was chosen precisely because it sits in the middle of old Los Angeles.

Continue reading →

Los Angeles City Council, Los Angeles City Government, Venice Beach BID

Is Mike Bonin A Liar Or A Fool? Which Is Holly Wolcott? Tara Devine? They’ve Acted As If There Was No Effective Way To Remove Residential Properties From The Venice Beach BID Without Rezoning When They Must Or Should Have Known That State Law Explicitly Empowers City Council To Do So Unilaterally

December 31, 2016 Mike Leave a comment

Did Mike Bonin lie about his ability to remove properties from the Venice Beach BID? Or did he just not care enough to read the law governing BID formation? Or both?

One of the most contentious issues in the very, very contentious formation of a business improvement district in Venice has been the existence of properties with commercial zoning that are used solely for residential purposes that were included in the BID and therefore assessed. This is the basis of a recently filed lawsuit against the City as well as a significant number of other protests against the BID.

For instance, in May 2016, Venice homeowner¹⁰ Louis Traeger wrote to the City protesting the inclusion of his home in the BID. On June 1, 2016 Los Angeles City Clerk Holly Wolcott answered him, stating:

In address of your request to remove said property from the proposed Business Improvement District, the City Clerk does not have the authority to remove or add properties in a Business Improvement District. However, we will forward your request and this information to the Engineer conducting the survey and analysis for the creation of the Venice Beach Business Improvement District.

Further, you requested notice of any hearing concerning the approval of the Venice Beach Business Improvement District in order to submit your written opposition. If your property is ultimately included within the Business Improvement District boundaries, a notice of the City Council hearing date will be mailed to you. At the hearing, an opportunity will be provided to protest the establishment.

Los Angeles City Clerk Holly Wolcott whispering secrets to Councildude Mitch Englander on November 8, 2016. She tells the truth, and nothing but the truth, but no how, no way, are you telling the whole truth, Ms. Holly.

As far as I can tell¹¹ what Holly Wolcott says is the truth and it’s nothing but the truth, but it is in absolutely no way at all the whole truth. Her statement that “the City Clerk does not have the authority to remove or add properties in a Business Improvement District” is true. When she follows it up with a statement that she will “forward your request and this information to the Engineer conducting the survey and analysis” she is certainly creating the impression that ONLY the engineer is empowered to remove properties. This is not true. It’s really badly not true, as I will demonstrate below.

On July 27, 2016 Holly Wolcott wrote to Venice homeowners William and Laura Kuel making essentially the same argument, but with this additional twist:¹² Continue reading Is Mike Bonin A Liar Or A Fool? Which Is Holly Wolcott? Tara Devine? They’ve Acted As If There Was No Effective Way To Remove Residential Properties From The Venice Beach BID Without Rezoning When They Must Or Should Have Known That State Law Explicitly Empowers City Council To Do So Unilaterally →

CD13, Selma Park

Mitch O’Farrell Deserves Any Amount Of Bad Press For Sucking Up To Kerry Morrison About Kids And Adults In Playgrounds But The Recent L.A. Times Editorial And Subsequent Internet Freakout Criticizing Him Are Kind Of Off Base

December 29, 2016 Mike Leave a comment

Mitch O’Farrell in a strip-mall somewhere yelling about something.

Our work on Selma Park has been getting a lot of action over the last couple days since the L.A. Times published this editorial criticizing a recent motion of O’Farrell’s. The Times puts it thus:

City Councilman Mitch O’Farrell has proposed barring adults unaccompanied by children from entering playgrounds. It’s an effort, he said, to keep city parks “free of creepy activity.” Who wouldn’t want to ban creepy activity or creepy people from playgrounds?

This editorial prompted a massive ongoing freakout on Reddit, followed by O’Farrell’s feckless denial on Twitter and moving from there to a blog post by the incomparable Lenore Skenazy, then on to Slate, and then everywhere. And the way the Times describes the issue is certainly frightening:

But what O’Farrell is proposing goes far beyond targeting worrisome activities that, in most cases, are already outlawed. It would bar any adult from sitting on a bench, exercising or otherwise enjoying public space near [a] playground unless he or she brought a child along. Is this really necessary?

One of the legitimate, Recreation and Parks Commission approved, signs at Selma Park stating that use of the playground is restricted to children and caregivers. The sign cites LAMC 83.44 and Penal Code section 653g, neither of which actually exists.

According to the Times, Mitch O’Farrell proposed this motion because Hollywood residents complained about drug dealers in some park. But Mitch O’Farrell is famous for confusing Kerry Morrison and her dimwit BID buddies with residents of Hollywood. He thinks they’re his constituents even though none of them live in Hollywood. He’s made this error with respect to tour bus regulation, and also street characters, and also Hollywood nightclubs. In each of these cases, “Hollywood residents” has turned out to be code for “Kerry Morrison.”

So even though I don’t yet have documentary evidence to back it up, my best guess is that this story about Hollywood residents complaining about a park is O’Farrell-speak for something like the following chain of events: Kerry Morrison and her armed flunky Steve Seyler bitched and moaned about the HPOA’s illegal signs being removed from Selma Park.¹³ O’Farrell then probably asked the City Attorney how to ban grownups from the park again. Probably the City Attorney told him at that point that it wasn’t possible, because it’s not, and probably it also came up at this point that the City’s official signs banning adults without kids from actual demarcated playgrounds were really outdated, given that neither LAMC 83.44 nor Penal Code section 653g actually exist.

Of course, not only is it certainly illegal to cite people for violating repealed laws, but it’s almost certainly illegal for the City to post signs threatening to cite people for violating them in order to keep them out of places that they legally have the right to be. So Kerry Morrison and Mitch O’Farrell, faced with the possibility of the removal of even the official signs,¹⁴ settled, I’m thinking, on the very motion that is currently undergoing two minutes hate from the Internet.

And the motion the Internet is hating on is a scary thing indeed. But it’s not the motion O’Farrell actually made. In its entirety the real motion says:¹⁵ Continue reading Mitch O’Farrell Deserves Any Amount Of Bad Press For Sucking Up To Kerry Morrison About Kids And Adults In Playgrounds But The Recent L.A. Times Editorial And Subsequent Internet Freakout Criticizing Him Are Kind Of Off Base →

Los Angeles City Council

Is This The End Of “Deference” In The LA City Council? PLUM Committee Submits Historic Bank Designation To Council “Without Recommendation” Even Though David Ryu Explicitly Supports It

December 10, 2016 Mike Leave a comment

Julia Duncan, David Ryu’s planning deputy, spoke at PLUM in favor of a historical designation for the Lytton Savings building, but the committee forwarded the matter to Council without a recommendation. What can it mean?

Oh, the irony! Here’s the deal. It’s well known that Los Angeles City Council members never vote against land use matters in one another’s districts. This allows them to guarantee their campaign donors that they’ll be able to get their projects approved. The principle is called “deference” — they defer to one another with respect to their districts. This corrupt system is the basis for a lawsuit against the City by some Valley residents. In their pleadings they quote Councilman David Ryu’s disconcertingly honest explanation of how it works:

Councilmember David Ryu has described the Vote Trading Pact as one of “respect” for other Councilmember’s Council Projects and in return he expects the same “respect” for his Council Projects.

“For someone to come in at the tail end and to disagree with my recommendation after meetings with the community on dozens of occasions and with other city departments and after I have involved stakeholders,” doesn’t make sense, he said. “I might make a decision…and my colleagues respect it. Even if they might disagree with my decision, they abide by it because they were not there during those community meetings.” Los Feliz Ledger September 1, 2016

The next piece of today’s puzzle has to do with the proposed Frank Gehry megaplex at 8150 Sunset Blvd., recently approved by the LA City Council over vigorous opposition from everyone who’s not being paid to support it. Part of the problem with the building is that it’s on the site of a beautiful modernist bank building.¹⁶ The Los Angeles Conservancy has filed suit against the City in an attempt to force them to preserve the building.¹⁷ and they’re also pushing for the bank’s designation as a Los Angeles Historic-Cultural monument. This tactic seems to be supported both by people who want to save the bank and by people who want to stop the 8150 Sunset project.
Continue reading Is This The End Of “Deference” In The LA City Council? PLUM Committee Submits Historic Bank Designation To Council “Without Recommendation” Even Though David Ryu Explicitly Supports It →

CD13, Hollywood Property Owners Alliance, Homeless Issues

Kerry Morrison’s Fallibility Exposed Publicly By Park La Brea News As Greater West Hollywood Food Coalition Move To Hollywood Salvation Army Is Finalized But She (Almost) Keeps Stiff Upper Lip. Mitch O’Farrell, On The Other Hand, Still Doesn’t Get This Whole “Free Country” Thing…

November 25, 2016 kohlhaas Leave a comment

At least since February 2016, the Greater West Hollywood Food Coalition has been publicly discussing a move away from its long-time ground zero at Sycamore and Romaine. Of course, Ms. Kerry Morrison does not like this one bit and, in her rage,¹⁸ in May, went off in a tizzy crying to Salvation Army Board member Hank Hilty, whose family owns the Northeast corner of Third and Fairfax,¹⁹ and to the Salvation Army Southern California chief-directorate-for-something-or-another in Long Beach, saying something like “Hey fellow zillionaires! We don’t like this so can you please put a stop to it?”

And just watch her little speech on the matter from May. See how her affect just screams competence, omnipotence, every-kind-of-cence-but-common-sense? Well, according to the Park La Brea News, the Food Coalition’s move is a done deal and they will start serving meals there on January 1st. So much for Kerry Morrison’s back-channel-zillionaire-solidarity methodology. But does she just admit that she’s been trying to stop this development for almost a year now and has failed utterly? Nope! She’s quoted right in the article, speaking as if from her metaphorical dais, that imaginary place of calm, controlled, power. Also sprach die Königin von Hollywood:

“[The GWHFC and Salvation Army] don’t perceive it will be much of a net increase of people coming to Hollywood, but we will have to see. I don’t necessarily buy that,” Morrison said. “The concern is not about the meal program, it’s what happens before and afterwards. When you are embarking on a project like this that is not self-contained, it is going to have implications for the surrounding neighborhood. We definitely will be watching. We will be tracking to see if there is any increase [in homeless people coming to Hollywood]. If we are 60 days into it and there is no impact, then we are golden.”

The tacit assumption here is that anyone cares whether or not she is “golden.” In fact, if anyone at all cared, she would have been able to stop the whole thing in January, when she first started tracking it, or in May, when she first started whining about it in public. But she couldn’t, so why would she be able to now? She’s putting up a good front, but she’s putting up a front.

And that’s not all! Note how she says that ” We definitely will be watching. We will be tracking to see if there is any increase [in homeless people coming to Hollywood].” Well, she’s talking about the BID Patrol watching, obviously, and that presents an interesting legal problem for her. Also, recall that CD13 Councildude and Darth Four-Eyes Mitch O’Farrell has been trying to get the Food Coalition shut down since about 20 minutes after he took office in 2013. He has something silly to say about the whole thing too. Read on, friends, for details!
Continue reading Kerry Morrison’s Fallibility Exposed Publicly By Park La Brea News As Greater West Hollywood Food Coalition Move To Hollywood Salvation Army Is Finalized But She (Almost) Keeps Stiff Upper Lip. Mitch O’Farrell, On The Other Hand, Still Doesn’t Get This Whole “Free Country” Thing… →

Hollywood Property Owners Alliance, Los Angeles City Council, Street Vending

Donald Trump’s Election Inspires City of Los Angeles To Finally Move Forward With Long-Delayed Street Vending Legalization Despite BIDs’ Irrational Opposition. Street Vendors To Pay BIDs An Operations Fee. BIDs To Get Effective Veto Power Over Vending Within Their Boundaries.

November 23, 2016 Mike Leave a comment

Aren't you glad I didn't put a picture of freaking Donald Trump here?! Not that Joe Buscaino is less ethically challenged, but at least his hair is prettier... — Aren’t you glad I didn’t put a picture of freaking Donald Trump here?! Not that Joe Buscaino is less ethically challenged, but at least his hair is prettier…

I know the headline sounds like a joke, but it’s not. The L.A. Times reported on it this morning, although their article, as is their wont, did not mention business improvement districts at all, and, at least briefly, I thought they were kidding. But this is the Los Angeles City Council we’re talking about, and they were not. Huizar and Price first made a motion to legalize street vending in November 2013, three years ago, and, over the last three years we have been subjected to an endless stream of hysterical, mendacious, probably illegal, lobbying by the BIDs and their ideological allies against the very idea. They even managed to get the Times itself to accept their misbegotten point of view as somehow legitimate. In response to this outpouring of unregistered lobbying behavior,²⁰ the City Council essentially responded by ignoring the issue,²¹ as you can see from the council file, which has no official City action since October 2015, until yesterday, when Curren Price and Joe Buscaino slapped this little number on the table. It’s a letter, which does indeed refer, albeit obliquely, to Darth Cheeto himself:²²
Despite the undeniable division and polarization that exists in our country right now, there is one common characteristic that is shared by Americans of every gender, race, ethnicity, religion, sexual orientation, gender identity, immigration status and political party: our entrepreneurial spirit. We value the notion that everyone deserves the opportunity to start a small business, on a level playing field, with failure or success determined by our own talent, hard work, and perseverance. At an early age. we teach our children concepts like overhead, profit, and loss by encouraging them to sell Girl Scout Cookies, candy bars, and lemonade. Yet, if they sell any of those on a public sidewalk in Los Angeles, they are committing a crime of the same seriousness as drunk driving.

They go on to urge the Council to go ahead and legalize street vending because otherwise Trump has already won, and I can’t say that I disagree:

Recent talks about changes to our nation’s immigration policy, including threats to deport millions of undocumented immigrants – starting with those with criminal records – has created significant fear amongst our immigrant communities. Continuing to impose criminal misdemeanor penalties for vending disproportionately affects, and unfairly punishes, undocumented immigrants, and could potentially put them at risk for deportation.

Furthermore, Buscaino and Price claim that:

The core question the Council must answer is whether sidewalk vending poses a threat so grave to public health, safety, and welfare that it is worth continuing to expend limited police and prosecutorial resources enforcing a citywide ban.

Which is also reasonable, but read a little deeper in the letter and you can see the fingerprints of the BIDs all over the damned thing. And, as usual, their input makes a lie of the whole thing. The BIDs’ version, which is the version that will be passed, is going to require the same amount if not more of our “limited police and prosecutorial resources” to enforce.
Continue reading →

CD13, Municipal Ethics

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

October 29, 2016 Mike Leave a comment

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,²³ 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,²⁴ you’ll have noted these essential elements of the story:
Continue reading →

Announcements, CD13

New Documents: Halden and Taslagyan Schedules, Emails Galore, South Park BID Shenanigans, PATH Reports

October 14, 2016 Mike Leave a comment

This is just a quick post to announce the availability of tons of new records (with more to come this weekend, I hope!) These are available both on Archive.Org and locally through the menu structure above or directly from our document storage.

There’s a list of the new stuff after the break.
Continue reading New Documents: Halden and Taslagyan Schedules, Emails Galore, South Park BID Shenanigans, PATH Reports →