Category Archives: Los Angeles City Government

Latest Entry in LAMC 49.5.5(A) Project: Hollywood Media District BID Seems To Have Paid LAPD Hollywood Division SLO Eddie Guerra $400 In Exchange For Homeless Encampment Cleanups (Ostensibly As A Charitable Donation), But Why Was The Check Made Out To Him Personally?

Eddie Guerra, kicking ass and taking checks from the Media District BID, $400 at a time.
How much does a private nonprofit organization have to pay an LAPD officer in exchange for him running off some homeless people who are having a barbecue on the sidewalk and scaring the neighborhood zillionaires? Newly received evidence suggests that the going rate is $200 per running-off incident.

It has been more than two months since the last entry 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,1 LAMC 49.5.5(A), actually prohibits. It’s high time for another report, and this is it. First, recall what the law actually 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.

Our story begins with a six-month long email chain between Hollywood Division Senior Lead Officer Eddie Guerra and a number of people associated with the Media District BID about scary sidewalk-barbecuing homeless people:
Continue reading Latest Entry in LAMC 49.5.5(A) Project: Hollywood Media District BID Seems To Have Paid LAPD Hollywood Division SLO Eddie Guerra $400 In Exchange For Homeless Encampment Cleanups (Ostensibly As A Charitable Donation), But Why Was The Check Made Out To Him Personally?

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Miranda Paster Whitewashed Homelessness Out Of The Hollywood Media District BID’s 2017 Annual Planning Report, Thereby Unilaterally Altering The BID’s Proposed Activities And Yet Again Putting The Lie To Holly Wolcott’s Often-Used But Thoroughly Discredited Excuse That The City Of LA Has No Control Over BIDs

Los Angeles City Clerk Holly Wolcott interpreting the Property and Business Improvement Law of 1994.
One of the many interesting documents contained in the yield of a recent CPRA request to the Hollywood Media District BID is their 2017 Annual Planning Report, the final revised version of which was filed by executive director Lisa Schechter with the City Clerk’s office on December 14, 2016.2 The annual submission of these reports is required by §36650 of the California Streets and Highways Code, part of the Property and Business Improvement District Law of 1994, which regulates the establishment and governance of BIDs in California.

One of the purposes of these reports is to keep the City updated on what the BID plans to do during the new year. In particular, at §36650(b)(2) the law states:

The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: … The improvements, maintenance, and activities to be provided for that fiscal year.

So for instance, the Media District’s plan explains what they’re going to do about cleaning and security, which are two of the core functions of BIDs. Here’s part of their statement on cleaning:

Other expenditures anticipated include tree trimming, purchase of additional trash receptacle, and other similar projects to beautify the District in accordance with the approved Management District Plan.

And part of their statement on security:

Safe Committee meetings address a full range of issues: loitering, public urination, drinking in public, prostitution, vandalism, graffiti, and quality of life issues.

Continue reading Miranda Paster Whitewashed Homelessness Out Of The Hollywood Media District BID’s 2017 Annual Planning Report, Thereby Unilaterally Altering The BID’s Proposed Activities And Yet Again Putting The Lie To Holly Wolcott’s Often-Used But Thoroughly Discredited Excuse That The City Of LA Has No Control Over BIDs

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Email From Police Commission Definitively Confirms Ongoing Registration of BID Security, Procedure Includes Individual Background Checks of BID Patrol Officers!

BID Security has been flipping off the Los Angeles Police Commission for the last 16 years, but that is most definitely over now!
I reported a couple months ago that as a direct result of my June 2016 petition to the Police Commission, BID Security would be required to abide by LAMC 52.34 and register with the City like all other private security patrol operators must do. At that time I had only the oral assurance3 of Police Commission enforcement officer Ernesto Vicencio that this was the case.

However, just this evening, as part of ongoing production of responsive materials to my recent CPRA request to the good old Hollywood Media District BID, I received a copy of this December 1, 2016 email from Eugene Shin of the Police Commission to every freaking BID in the City telling them that yes, as a matter of fact, they do have to obey the law. He mentions that he has “received numerous emails and voicemails and I feel this is the most efficient way to answer your questions.” And I just bet the tone was not joyous and grateful!4 Anyway, it’s important to have independent written confirmation that this registration is actually going to happen. Shin also makes it clear that the registration process involves individual background checks of every BID security officer, which is absolutely fabulous news. Turn the page for excerpts if you’re PDF-averse.
Continue reading Email From Police Commission Definitively Confirms Ongoing Registration of BID Security, Procedure Includes Individual Background Checks of BID Patrol Officers!

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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

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 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

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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

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 homeowner5 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 tell6 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:7 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

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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

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.8 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,9 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:10 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

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Some Money Is Even Too Dirty For Mike: A Look At One Of Bonin’s Recent Returned Campaign Contributions And Subsequent Trip Down A Lobbyist-Money Rabbit Hole

Mike Bonin making kissy-face with Eric Garcetti in 2013 just before laying waste to the canals like Godzilla laying waste to Tokyo.
The L.A. City Ethics Commission website is a marvelous repository of fascinating minutiae. It more than repays the kind of obsessive poring-over in which we here at MK.Org specialize. Today’s subject is the quarterly reports that every qualified candidate has to submit detailing their expenditures. You can find all of Mike Bonin’s here.11 In particular, take a look at his 3rd quarter report for 2016. On Schedule E, the list of expenditures, note that some items are labeled “Returned contributions.” No reasons are given for the returns, but at least in some cases it’s possible to track down at least some elements of the story via the Google.

For instance, consider the case of Shannon Murphy Castellani. She gave Mike Bonin $700 on June 14, 2016. Exactly four weeks later, on July 12, 2016, she registered with the Ethics Commission as a lobbyist.12 Now, section 470(c)(11) of the City Charter forbids candidates from accepting campaign contributions from registered lobbyists. It’s vague on the timing, and I don’t see that it actually explicitly prohibits someone from donating money and then registering as a lobbyist the very next day, but on the other hand, does Mike Bonin want to argue that case in public? Obviously not, so the best thing to do is to return the contribution. Just as obviously, the $700 itself isn’t so important. These people are all zillionaires, after all. It’s the good will that the $700 creates, and that lingers on after the money is returned.
Continue reading Some Money Is Even Too Dirty For Mike: A Look At One Of Bonin’s Recent Returned Campaign Contributions And Subsequent Trip Down A Lobbyist-Money Rabbit Hole

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Marisa Tomei Implores City Council To Grant Historic-Cultural Status To Lytton Savings Building, 8150 Sunset Subject Of Not One, Not Two, But Three (So Far!) Lawsuits Against The City of Los Angeles (Plus A Special Bonus Lawsuit Against West Hollywood!)

Marisa Tomei: “Please honor this building and its architect, Kurt Meyer, with a Historic Cultural Monument designation.”
I reported briefly last week on the whole to-do about the City’s wanton approval of a Frank Gehry megaplex at 8150 Sunset and, more recently, on the extremely weird fact that the Council’s PLUM13 Committee forwarded proposed historic-cultural designation of the Lytton Savings building on to the full Council without a recommendation, even though CD4 Councilmember David Ryu explicitly favors the designation. This is just a brief update with links to more documents.

First, Marisa Tomei14 wrote a stirring letter to the City Council urging them to preserve the building. Don’t forget, the hearing is tomorrow! There’s an excerpt after the break, as always, if you’re PDF-averse. Also, the Coalition to Preserve LA recently reported that Fix the City had sued LA over 8150 Sunset. It turns out that there were two other suits filed at about the same time, making a total of three suits so far over this one project. The City Council is going into closed session tomorrow to discuss all three of them. Turn the page for links to the petitions (and Tomei’s letter).
Continue reading Marisa Tomei Implores City Council To Grant Historic-Cultural Status To Lytton Savings Building, 8150 Sunset Subject Of Not One, Not Two, But Three (So Far!) Lawsuits Against The City of Los Angeles (Plus A Special Bonus Lawsuit Against West Hollywood!)

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Police Commission Investigation Into Excessive Force Allegation Against BID Patrol Concludes That “No Violations Of Law Occurred Or Other Improper Behavior” But Crucial Precedent Is Set Nevertheless

Richard Tefank, Executive Director of the LA Police Commission.
Here’s the story so far: In November 2015 the BID Patrol attacked a homeless man while in the process of arresting him. It really looks like excessive force, so, at the direction of Richard Tefank, Executive Director of the Police Commission, in September I submitted a complaint to him and also to Kerry Morrison.15 As I reported two months ago, the Police Commission agreed to investigate my complaint, and assigned it to Officer Ernesto Vicencio.

Well, just yesterday I received a letter from Richard Tefank informing me that the investigation was complete and that they had found no wrongdoing on anyone’s part.16 This is disappointing, to be sure, because, as would all sane, right-thinking individuals, I would like to see the BID Patrol jailed, fined, and shut down, and it seems really, really, really clear that those BID Patrollies are breaking the law. However, it’s not that disappointing, because a clear and transcendently important precedent has been set, which will have lasting consequences for the future of BIDs in our City.
Continue reading Police Commission Investigation Into Excessive Force Allegation Against BID Patrol Concludes That “No Violations Of Law Occurred Or Other Improper Behavior” But Crucial Precedent Is Set Nevertheless

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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

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.17 The Los Angeles Conservancy has filed suit against the City in an attempt to force them to preserve the building.18 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

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