Category Archives: Los Angeles City Government

Miranda Paster, Subverter Of Arts District BID Alternatives: Some Of What $3000 Bought The BIDs of Los Angeles Over The Years And How She Got Temporarily “Bumped” Due To Allegations Of Conflict Of Interest

September 8, 2016 Mike Leave a comment

I can't find any usable pictures of Miranda Paster, so here's another picture of Holly Wolcott! — I can’t find any usable pictures of Miranda Paster, so here’s another picture of Holly Wolcott!

Miranda Paster is the director of the LA City Clerk’s Neighborhood and Business Improvement Division (NABID), which administers the City’s BID program. Her job description (updated in February 2014) includes among her duties presenting at the conferences of the International Downtown Association:¹ …deliver formal presentations, including analyses and recommendations, to the City Council and its Committees and International Downtown Association Conferences…

The story begins in 2011,² when BIDs gave Miranda Paster $3000 to attend the IDA’s 2011 annual conference in Charlotte, North Carolina. Take a look at this collection of emails and records of payments from 2011. These show that less than two weeks before the conference started, Paster was scrambling to get the money together to attend, but that she already had a commitment from the BIDs to pay $3000 (a log of the actual payments is included there). It seems that in 2011, Paster’s attendance at this conference was a new thing for her, as the financing was arranged in such a hurry. I’m guessing that at this point presenting at this conference was not yet part of Paster’s official duties. It’s a rare bureaucracy indeed which will not pay its employees’ expenses to carry out their duties. So the BIDs paid, buying at least a sense of obligation.

Unfortunately, IDA records of the 2011 conference don’t seem to show what Paster did there, but by the 2012 conference, held in Minneapolis, she was a panelist. This is interesting in itself. The panel, moderated by Rena Leddy, now of the Fashion District BID but then of Progressive Urban Management Associates, or PUMA,³ was entitled How Cities Encourage BIDs: Trends and Challenges.⁴ Here is a copy of a Power Point summary of the session, which is astonishing in its own right.⁵

Now, you may not be familiar with the story of the destruction and resurrection of the Arts District BID. It began in 2011 when Yuval Bar-Zemer of Linear City development initiated a campaign against the BID based on the theory that BID assessments used for marketing campaigns didn’t benefit assessed property owners in any way allowed under state law.⁶ A court case ensued, and in May 2013 Superior Court judge Robert O’Brien ordered the BID to dissolve.
Continue reading Miranda Paster, Subverter Of Arts District BID Alternatives: Some Of What $3000 Bought The BIDs of Los Angeles Over The Years And How She Got Temporarily “Bumped” Due To Allegations Of Conflict Of Interest →

Municipal Ethics, Venice Beach BID

Why Carl Lambert’s Contributions To The Re-Election Campaigns Of Mike Bonin And Eric Garcetti Were Probably Illegal and Should Be Refunded Immediately

September 3, 2016 Mike Leave a comment

Mike Bonin on August 23, 2016, earning his salary, which should be sufficient.

As I reported the other day, Venice Beach BID proponent and shady illegal hotelier Carl Lambert donated $1400 to Eric Garcetti and $700 to Mike Bonin in 2015. Here is an argument that they ought to give that money back to Lambert immediately.

Not just because it’s the right thing to do. We’re all grownups here, and that’s not so much why things get done. But because it’s probably illegal for them to have accepted the money, or at least for Lambert to have contributed it. To explain why this is the case I have to talk about the campaign finance laws of the City of Los Angeles, which can make anybody’s poor head spin. So forgive me, but perhaps you’ll find it worth the trouble. The whole law is at LAMC Article 9.7, but it’s not necessary to read the whole thing.⁷ The section we are interested in today is LAMC 49.7.35, which covers Bidder Contribution and Fundraising Restrictions. This muni code section⁸ implements Section 470 of the City Charter, which covers Limitations on Campaign Contributions in City Elections.⁹ At Charter Section 470(a) we find this noble statement of the purpose of the whole thing:

The purpose of this section is to encourage a broader participation in the political process and to avoid corruption or the appearance of corruption in city decision making, and protect the integrity of the City’s procurement and contract processes by placing limits on the amount any person may contribute or otherwise cause to be available to candidates for election to the offices of Mayor, City Attorney, Controller and City Council and promote accountability to the public by requiring disclosure of campaign activities and imposing other campaign restrictions.

Now, it is a fundamental principle in the American legal system that actions can only be illegal if there is an explicit statutory statement that they are illegal. Otherwise they’re legal. So while this statement of purpose has some force, mostly as a guide to interpreting the salient laws, it doesn’t in itself make anything illegal. Obviously Carl Lambert’s contributions to Garcetti and Bonin create the appearance of corruption in city decision making, but if that were sufficient to trigger a criminal prosecution then pretty much every donor to every incumbent candidate would have to be locked up.¹⁰ Thus we have to look to the parts of the law that implement this statement of purpose.

The Charter Section that we are interested in here is 470(c)(12)(B), which states in pertinent part¹¹ that:

The following persons shall not make a campaign contribution to the Mayor, the City Attorney, the Controller, a City Council member, a candidate for any of those elected City offices, or a City committee controlled by a person who holds or seeks any of those elected City offices … A person who bids on or submits a proposal or other response to a contract solicitation that has an anticipated value of at least $100,000 and requires approval by the elected City office that is held or sought by the person to whom the contribution would be given…

Let’s run through the elements of the law here to see why it’s highly plausible that it forbids Carl Lambert from making contributions to either Eric Garcetti or Mike Bonin:
Continue reading Why Carl Lambert’s Contributions To The Re-Election Campaigns Of Mike Bonin And Eric Garcetti Were Probably Illegal and Should Be Refunded Immediately →

Historical and Theoretical Perspectives, Los Angeles City Government

That Time in 2005 When The City of Los Angeles Briefly Investigated BID Financial Shenanigans And Contract Violations Instead Of Pretending They’re Powerless In The Face Of Them Like They Do Now

September 1, 2016 Mike Leave a comment

Former Los Angeles City Controller Laura Chick (right).

Here’s the situation these days. BIDs have a standard contract that they sign with the City of Los Angeles. It has a lot of requirements in it, and BIDs routinely ignore all of them but a few, known as the “reporting requirements.” I’m skipping the details, but they’re mandated to report various things to the City, and if they don’t then Rick Scott or another one of Miranda Paster’s minions in the Neighborhood & Business Improvement District Division (N&BID) of the Clerk’s office will fire off a threatening email like this one telling the negligent BIDdies to cough up the report or they don’t get paid. On the other hand, there are plenty of clauses in that contract, e.g. the ones on record retention and on abiding by the Public Records Act or the Brown Act, that BIDs not only violate with impunity, but which the City Clerk’s office in the persons of Miranda Paster and Holly Wolcott actually just refuses to enforce. I’ll be writing about that more in the future. Tonight I’m just looking at how it came to pass that N&BID staff even enforce any parts of that contract.
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Los Angeles City Government, Public Records Act Pragmatics, Venice Beach BID

Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have A List Of Property Owners Without Contact Information A Fraud Perpetrated On The Public By The City Clerk

September 1, 2016 Mike Leave a comment

Somehow this is all Holly Wolcott's fault. — Somehow this is all Holly Wolcott’s fault.

The list itself is here. The story of the list follows.

Edited to add: The list that Miranda Paster sent me isn’t even the list I asked for, as discussed in the story below. It’s an edited version of the publicly available ballot tabulation sheet. It is unbelievable that these people are so unwilling to release what are obviously public records and that their unwillingness is so clearly in the service of their political agenda. On the other hand, the fact that they so vigorously defend their secrecy makes it seem even more likely that they’re concealing serious and exploitable weaknesses.

Three weeks ago I wrote about how neither the City Clerk nor CD11 was willing to hand over a list of the property owners in the proposed Venice Beach BID with contract information. CD11 told me to ask the Clerk and the Clerk told me to ask Tara Devine and Tara Devine ignored me (and continues to ignore me). The Clerk’s rationale was that they didn’t have anything to do with mailing out the petitions, so that the Public Records Act didn’t apply to the mailing list.

Now, if you’re not familiar with the act, you may not be aware that (at section 6252(e)) public records are defined fairly expansively to be any “writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency.” So I made the argument to the Clerk’s office that since they were orchestrating the process, the mailing list was being used by them even if they didn’t own it or retain it themselves. No dice on that, though.

So imagine my pleasure and surprise to discover on August 14 that, upon perusing Government Code section 53753 for the zillionth time (this is the same law used to such marvelous effect ten days later by the incomparable Shayla Myers of LAFLA to derail the whole BID process) that the freaking City Clerk’s office is required to notice the property owners by mail:
Continue reading Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have ~~A List Of Property Owners Without Contact Information~~ A Fraud Perpetrated On The Public By The City Clerk →

Los Angeles City Government, Venice Beach BID

Why Is Brentwood Off-Message For Pro-BID People?! Despite Universal Claims of City Neutrality, Miranda Paster, LA City Clerk BID Honcho, Doctors Up CD11 “Messaging” On Venice Beach BID, Advises “Wouldn’t Mention Brentwood.”

August 25, 2016 Mike Leave a comment

David Graham-Caso, CD11 Director of Communications.

I’ve written before about how everyone from the City that’s involved in the BID formation process not only denies that they actually are involved but also hushes up every possible aspect of their involvement. But once in a while the veil drops and we can see clearly what’s going on at 200 N. Spring Street with respect to the City’s pro-BID activism.

Today’s story begins with a newly obtained email chain between CD11 staffer Debbie Dyner Harris and Venice walk-street resident Martha Hertzberg. Hertzberg is relentless and articulate in her questioning of Dyner Harris’s poorly argued assertions about the lack of a public component to the BID approval process, the damage that BIDs do to neighborhoods, and so on. Please read it, because it’s excellent, but too far off-topic for me to discuss at length. While you’re reading it, consider the interesting fact that, according to CD 11 Communications Director David Graham-Caso, Mike Bonin characterized Hertzberg’s position as based on a “…misunderstanding of the BID…”¹² although it’s clear from the actual emails that it’s Dyner Harris and, by extension, all of CD11 that are the ones who either misunderstand the very nature of BIDs in Los Angeles or else are lying about what they’re up to.
Continue reading Why Is Brentwood Off-Message For Pro-BID People?! Despite Universal Claims of City Neutrality, Miranda Paster, LA City Clerk BID Honcho, Doctors Up CD11 “Messaging” On Venice Beach BID, Advises “Wouldn’t Mention Brentwood.” →

Historical and Theoretical Perspectives, Los Angeles City Government

A Crucial Open Question in Anti-BID Theory: Where Does the City Clerk Get the Authority to Sign Pro-BID Petitions Before the BID is Approved? Arts District BID Episode From 2013 Highlights City’s Hypocrisy On This Issue and Collusion With Carol Schatz

August 21, 2016 Mike Leave a comment

Holly Wolcott, Clerk of the City of Los Angeles, in June 2015.

UPDATE: This problem is now solved. Let’s work on fixing things!

Roughly, the process for creating a new BID goes like this: Some property owners hire a consultant who collects petitions in favor of the BID. When petitions adding up to more than 50% of the total assessments in the proposed district are on hand, they’re submitted to the City Clerk, who then takes the matter to City Council.¹³ One interesting aspect of this is that City-owned parcels in the proposed district are voted in exactly the same way that privately owned parcels are. That the City always votes in favor of BIDs is well-known, although see below for an episode where the City actually opposed a BID proposal.¹⁴ In fact, part of the consultant’s job seems to be to gerrymander as much City-owned property into the BID as possible so as to minimize the requisite number of agreeable private owners. The City Clerk, currently Holly Wolcott, is somehow authorized to sign petitions on the City’s behalf for City-owned parcels.

But the petitions must be signed before City Council can pass an ordinance of intention to form the BID. For instance, in the case of the proposed Venice Beach BID, consultant Tara Devine submitted the signed petitions to the Clerk before June 24, 2016. City Council passed the Ordinance of Intention on July 1, 2016. But see these pro-BID petitions for City parcels, signed by Holly Wolcott on June 15, more than a week before Council voted to authorize the BID process. Of course the City always favors BID formation, but where does the Clerk derive the authority to sign these? It can’t be from the Council vote, which happens afterwards. There must be a law or a rule or something authorizing this. I haven’t been able to find it yet, although I’m sure it exists.
Continue reading A Crucial Open Question in Anti-BID Theory: Where Does the City Clerk Get the Authority to Sign Pro-BID Petitions Before the BID is Approved? Arts District BID Episode From 2013 Highlights City’s Hypocrisy On This Issue and Collusion With Carol Schatz →

Announcements, Los Angeles City Government

Los Angeles BIDs To Be Audited by the City Every Three Years According to City Clerk’s April 2016 RFQ, Published At Direction of Council. Also City to Spend $250,000 Promoting BIDs and Training BID People.

August 20, 2016 Mike Leave a comment

Holly Wolcott, Clerk of the City of Los Angeles

One of the advantages that zillionaires have over humans with respect to City politics is that they can hire innumerable minions to keep up with the firehose of crap spewed forth by City Hall, certainly in an effort to keep the minion-deprived majority too busy to address everything. Which is my half-serious, half-silly¹⁵ excuse for only having noticed this evening the two matters addressed in this post.

First we have Council File 14-0903, in which Holly Wolcott asked for and received an “amount not to exceed $100,000 …for a period of two years with two one-year extensions to assist with the creation and implementation and coordination of a Public Information Campaign” having to do with how fricking great BIDs are for the City of L.A. Additionally they’re getting “an amount not to exceed $150,000 … for a period of two years with two one-year extensions to assist with the creation and implementation of a capacity building and leadership training series relative to business improvement districts and create public/private partnerships with other nonprofit organizations..” None of this seems like very much money given (a) the amount of truth they’re going to have to overcome in order to achieve the first goal and (b) the amount of sheer incompetence and bloody-mindedness to achieve the second. Brace yourself for the incoming propaganda!

Second, and much more interesting, we have this Request for Qualifications, issued by the Clerk in April 2016 asking for people to submit proposals to audit BIDs. There must be a council file associated with this item, but I can’t locate it. Here’s some background. First of all, the standard contract that BIDs sign with the City allows the City to audit BIDs at will.¹⁶ This is rarely done. In fact, as far as I can tell, it has only happened twice, both times in 2005, when then-Controller Laura Chick audited both the Central City East Association and also the Westwood Village BID. The details of those audits are worth reading, although I’m not going to write about them tonight.¹⁷ However, Controller Chick made some observations then that are still relevant today:
Continue reading Los Angeles BIDs To Be Audited by the City Every Three Years According to City Clerk’s April 2016 RFQ, Published At Direction of Council. Also City to Spend $250,000 Promoting BIDs and Training BID People. →

Municipal Ethics

Between 2014 and 2015 Confirmation Hearings, Ethics Commissioner Ana Dahan Dropped Mention of NBCUniversal Lobbying And Campaign Funding Work From Her Résumé

August 14, 2016 Mike Leave a comment

Los Angeles City Ethics Commissioner Ana Dahan on August 9, 2016.

A few days ago I wrote about Ethics Commissioner Ana Dahan’s day job at NBCUniversal’s so-called Legal & Governmental Affairs Unit, which turns out to be their lobbying department. The point was that it’s hard to see how she can create at least the appearance of impartiality in regulating lobbyists when she works for a bunch of lobbyists and employers thereof.

In any case, it turns out that Commissioners have to be confirmed by the City Council, and that creates a Council File (CF 14-1464). Dahan was appointed by Eric Garcetti in 2014 to fill a vacancy, and then again in 2015 for a full term. Thus she had two confirmation hearings just one year apart, and she made an interesting change in her résumé between the two.
Continue reading Between 2014 and 2015 Confirmation Hearings, Ethics Commissioner Ana Dahan Dropped Mention of NBCUniversal Lobbying And Campaign Funding Work From Her Résumé →

Municipal Ethics

City Ethics Commissioner, Employee of NBCUniversal’s Lobbying Unit, And Enforcer of the Municipal Lobbying Ordinance Ana Teresa Dahan Argues Against City Lobbying Law Reform Because ” it is through lobbying that [elected officials] get accurate information”

August 11, 2016 Mike Leave a comment

City Ethics Commissioner Ana Dahan: Don't make it too scary to be a lobbyist because otherwise who's going to tell our elected officials the truth about stuff?!?! — City Ethics Commissioner Ana Dahan: Don’t make it too scary to be a lobbyist because otherwise who’s going to tell our elected officials the truth about stuff?!?!

Watch, listen, and learn as City Ethics Commissioner Ana Dahan actually says that we gotta make lobbying easier because “our elected officials have to make a lot of decisions on information that they don’t have an expertise on, and sometimes it is through lobbying that they get accurate information…I just want to make sure that we don’t limit expertise from getting to our elected officials when they’re making decisions…” And in her day job she works for NBCUniversal’s lobbying unit, I suppose providing “accurate information” about “expertise” and other such civically essential activities.

First of all recall that the City Ethics Commission is undertaking a proposal to revise the Municipal Lobbying Ordinance. It seems that they’re required to do this kind of thing on a regular basis by §702(f) of the City Charter. The current law has a complex and practically unenforceable definition of what professional lobbying is and part of the CEC staff’s current proposal is to define it in a way so that people can understand whether or not they’re subject to it. This is a good quality in laws.

And who is Commissioner Ana Dahan? Well, she’s a law student at Loyola and she works for some outfit called NBCUniversal in some unit called “Legal & Government Affairs.” It’s not so easy to discover the responsibilities of that unit, but there are some clues in this biography of Steven Nissen, the “Senior VP of Legal & Government Affairs at NBCUniversal”:

… he is primarily responsible for developing and coordinating for the company a comprehensive state and local government agenda, including anti-piracy, intellectual property protection, tax, digital, broadcast, film production, land use and government compliance.

In other words, one of her bosses oversees NBCUniversal’s lobbying activities. He’s even the immediate past chair of L.A. lobbying behemoth the Central City Association of Los Angeles. The man is deeply involved in local lobbying.

And not only that, but her boss’s boss is Mitch Rose, described by The Hill as NBC’s “top lobbyist.” So that pretty much explains what “Legal & Government Affairs” means at NBCUniversal. It means lobbying.
Continue reading City Ethics Commissioner, Employee of NBCUniversal’s Lobbying Unit, And Enforcer of the Municipal Lobbying Ordinance Ana Teresa Dahan Argues Against City Lobbying Law Reform Because ” it is through lobbying that [elected officials] get accurate information” →

Municipal Ethics

City Ethics Commission Prepares to Revamp Lobbying Laws; Proposal Builds, Improves on Version Torpedoed in 2010 by Unholy Threesome Consisting of Kerry Morrison, Carol Schatz, and Eric Garcetti

August 3, 2016 Mike Leave a comment

Jessica Levinson, president of the City Ethics Commission, star Lawprof at Loyola, and righteous local media darling.

If you’ve read the Municipal Lobbying Ordinance of the City of Los Angeles, you will have noted that it’s a bitch to enforce. It defines a lobbyist to be someone who is compensated to influence City action on behalf of a third party for 30 or more hours in any consecutive three months, and then requires lobbyists so-defined to register with the City. Imagine trying to use CPRA and other methods available to the public to pin that beef on some BID employee… I can tell you it’s not an easy task.

You may recall that between 2008 and 2010 the CEC tried to get this unwieldy definition changed to one whose details I won’t go into here, but which would have been far easier to enforce. For whatever reason, Carol Schatz, Kerry Morrison, and a few less luminous lights of the BID world including the perennially mockable Downtown Russell Brown decided for reasons known only to them and their therapists that this was going to destroy the very foundations of Los Angeles. As is their wont, they proceeded to get really fussy and ~~scratch at their own faces till mom made them put their mittens on~~ soon Eric Garcetti, at that time chair of the Rules and Elections Committee, smothered the whole baby in its bed for no discernible reason other than to please his darling BID-babes Kerry and Carol.

Eric Garcetti to Kerry Morrison in 2010: "You don't want to have to register as a lobbyist? Whatever baby wants, baby gets." Except, of course, baby still has to register, it's just next to impossible to prove it. — Eric Garcetti to Kerry Morrison in 2010: “You don’t want to have to register as a lobbyist? Whatever baby wants, baby gets.” Except, of course, baby still has to register, it’s just next to impossible to prove it.

So now the staff of the CEC, whose Executive Director is the same Heather Holt who got tarred, feathered, and mocked by Garcetti over this very same issue in 2010, has prepared a new proposed revision of the definition of lobbyist. The Commissioners will be discussing it at their upcoming meeting on August 9, 2016. The new proposal owes some debts to the last proposal, but its central point is quite different. It’s a change to a compensation-based rather than a time-based definition, which is fairly standard around the rest of the country:

We recommend returning to a compensation-based definition and that “lobbyist” be defined as an individual who is entitled to receive $2,000 or more in a calendar year for attempting to influence a City matter on behalf of another person. The attempt to influence would include a direct communication with a City official or employee, and compensation could be either monetary or non-monetary.

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