Business Improvement Districts, Los Angeles City Government

Rita Moreno Thinks The “Boundaries Of A BID Must Be Contiguous” — Misty Iwatsu Agrees!! — No! Wait! Rita Moreno Thinks “There’s No Legal Requirement That The Boundaries Be Contiguous”! — Whichever It Is, We Think That Rita Moreno (A) Is Practicing Law Without A License And Ought To Stop It Right Now Cause It’s Illegal And She’s Confusing Everybody And (B) Does Not Know What The Word “Contiguous” Means

Leave a comment

OK, I’m sorry, this post is on kind of a technical subject, but I think it’s important and also it reveals a kind of weird off-handed incompetence amongst the City Clerk’s BID analyst staff that I think is worth memorializing. The central issue is whether the Property and Business Improvement District Act of 1994 requires a BID to be in one piece. I’m going to use the technical term “connected” here.1

It’s not just an idle question, either. You may recall that the proposed Hollywood Route 66 BID runs up Santa Monica Blvd. from Vine Street to Hoover Street. The problem is that Vermont Avenue crosses Santa Monica right in the middle of that stretch, and every building that touches Vermont is already included in the East Hollywood BID.

Regardless of what the PBID law has to say about connectedness of BIDs, it’s very, very clear on the fact that BIDs can’t overlap.2 Hence commercial buildings on both Santa Monica and Vermont must be excluded from the Hollywood Route 66 BID, which leaves its territory disconnected. Plausibly, also, the EHBID could cede those buildings to the Route 66 BID, but, interestingly, doing so would leave the EHBID disconnected, so nothing would be gained. Here’s a copy of the map if it’ll be useful.

Thus a correct understanding of what the law allows is essential for the formation of at least that BID, and probably others in the future. And I’m not a lawyer, but I read the whole damn PBID law about a zillion times and the connectivity of a BID is not mentioned in there at all. It’s my not-a-lawyer understanding that if a law doesn’t explicitly forbid something then that something is allowed.

But the famous Rita Moreno of the City Clerk’s Neighborhood and Business Improvement District division didn’t agree with me in 2017! Then she did agree with me in 2018! And Misty Iwatsu spent some time in 2016 babbling on about the matter and thought 2017 Rita Moreno was right! And Rita Moreno didn’t just think, she advised! And it strikes me that her advice looked an awful lot like practicing law without a license, which is illegal in California!3

And of course you want to see details! And primary sources! Turn the page and there they are!!
Continue reading Rita Moreno Thinks The “Boundaries Of A BID Must Be Contiguous” — Misty Iwatsu Agrees!! — No! Wait! Rita Moreno Thinks “There’s No Legal Requirement That The Boundaries Be Contiguous”! — Whichever It Is, We Think That Rita Moreno (A) Is Practicing Law Without A License And Ought To Stop It Right Now Cause It’s Illegal And She’s Confusing Everybody And (B) Does Not Know What The Word “Contiguous” Means →

Share
LAPD

Senior Lead LAPD Officer Julie Nony Says LAPD Continues Along The Path To Peace Paved 60 Years Ago By Ghandi [sic] And MLK — Senior Lead LAPD Officer Julie Nony Is Surprised That UCLA Students Drag Feet With Respect To Hosting Cop Discussion Group Because “This Seems Unusual For A School That Usually Participates In Protests” — Evidently Senior Lead LAPD Officer Julie Nony Is Now Assigned To The “Community Relationship Division” Of The LAPD Trying To Head Off Riots Before They Begin — TLDR: Senior Lead LAPD Officer Julie Nony Is A Lizard-Loving Moron

Leave a comment

As you’re probably aware I have been trying to understand the situation with the Westwood Village BID and the Westwood Neighborhood Council and all them uppity UCLA students who want more bars open more hours.1 But, as you’re probably also aware, Westwood Village BID Boss BIDdie Andrew Lloyd Thomas, probably under the reeking influence of his lawyer, the ballistic barrister of Burbank, which is to say Carol Freaking Humiston, is really, really less than forthcoming with public records.2

One useful strategy for combating the kind of rabid knee-jerk obstructionism practiced by Carol Humiston’s zombie clients is to request records involving them from every possible agency that might have any. This may give access to the records more quickly.3 It’s also possible that this strategy will reveal interesting but hitherto unsuspected issues.

And that’s exactly what happened when I hit up UCLA for emails between their campus coppers and the WVBID. I threw in LAPD for good measure because LAPD is always interesting, and I got a small pile of emails, which you can find here on Archive.Org. Surprisingly, there were a bunch of emails between an old frenemy of this blog, Senior Lead Officer Julie Nony, a UCPD cop name of Kevin Kilgore, and a bunch of random undergraduate student government types.4

The short version is that Julie Nony was trying to get the students to host some blabbermouth jive known as Days of Dialogue and she was surprised that students were dragging their feet about it because everyone knows they’re a bunch of damn bomb throwing radical firebrands who would totally be interested in sitting down with some cops and having a conversation like this:

  1. Non-cops: Hey, we’re scared you’re going to kill us when we’re just walking to the corner to buy milk.
  2. Cops: I hear what you’re saying which is that you’re scared we’re going to kill you when you’re just walking to the corner to buy some milk.
  3. ????
  4. World Peace!!

Turn the page for the long version and transcriptions of the relevant emails.
Continue reading Senior Lead LAPD Officer Julie Nony Says LAPD Continues Along The Path To Peace Paved 60 Years Ago By Ghandi [sic] And MLK — Senior Lead LAPD Officer Julie Nony Is Surprised That UCLA Students Drag Feet With Respect To Hosting Cop Discussion Group Because “This Seems Unusual For A School That Usually Participates In Protests” — Evidently Senior Lead LAPD Officer Julie Nony Is Now Assigned To The “Community Relationship Division” Of The LAPD Trying To Head Off Riots Before They Begin — TLDR: Senior Lead LAPD Officer Julie Nony Is A Lizard-Loving Moron →

Share
LAPD, Lawsuits

Pete White V. City Of Los Angeles — Plaintiff Files Four Motions And A Declaration To Exclude Prejudicial Evidence That The City Wants To Present — Including Some Nonsense About Pete White Swearing After His Arrest Which The City Laughably Claims Shows “What The Officers Had To Deal With”

Leave a comment

If you’re interested, here is the soundtrack to this evening’s post.

If you recall, Pete White filed suit against the City of Los Angeles in May 2017. The issue is that the LAPD arrested him for lawfully videotaping them interacting with homeless people on Skid Row in 2016, and you can find a generous selection of the pleadings here on Archive.Org. Not much has been happening with the case recently, but this afternoon, a whole bunch of motions and a declaration in support hit PACER and moved me to write this post.

The four motions are so-called motions in limine, which is to say that they’re asking the judge, James Otero, to exclude certain evidence that the City of Los Angeles is insisting on presenting at trial. There’s also a declaration by plaintiff’s attorney Catherine Sweetser explaining the course of negotiations between the parties with respect to the evidence. Here are links to the documents and brief descriptions. Turn the page for a transcription of one of the motions.

↪ Motion to exclude evidence of past arrests

↪ Motion to exclude evidence of past lawsuits

↪ Motion to exclude defendants’ bodycam evidence — This is technically interesting. The plaintiffs actually want to have the cops’ bodycam evidence introduced, but the cops won’t let them see it in advance because they claim it’s privileged. If I understand the issue correctly, and I probably don’t, the claim is that if the City won’t let the plaintiffs see it in advance it can’t be introduced at trial.

↪ Motion to exclude evidence of plaintiff’s cursing — This is both the most trivial and the most interesting to me of the four motions. Evidently Pete White told the arresting officer that he was a piece of shit for arresting him. The City wants to present this evidence to the jury because it illustrates “what the officers had to deal with.” To me it illustrates the shockingly low level of maturity and professionalism to be found among some LAPD officers, not to mention their implausible claim that being called names by people is somehow strange, unusual, unprecedented. They’ve had decades to get used to it, after all.

↪ Declaration of Catherine Sweetser — Here one of the plaintiff’s attorneys explains what the City thinks this evidence means and gives various other reasons in support of its exclusion. This is the most essential item if you’re only going to read one.
Continue reading Pete White V. City Of Los Angeles — Plaintiff Files Four Motions And A Declaration To Exclude Prejudicial Evidence That The City Wants To Present — Including Some Nonsense About Pete White Swearing After His Arrest Which The City Laughably Claims Shows “What The Officers Had To Deal With” →

Share
Business Improvement Districts, Public Records Act Pragmatics

Judge Mary Strobel Rules That The Media District BID Must Pay $30,000 In Fees To My Attorney In My CPRA Case Against Them!! — Huge Fail For Hollywood Superlawyer Jeffrey Charles Briggs And His Bizarro-World Argument That I Deserve To Lose Cause I Am So Mean To His BIDdie BFFs — Briggs’s Other BID Clients Ought To See That It Is Time To Choose Between Coughing Up The Records And Coughing Up The Benjamins!!

Leave a comment

As I’m sure you’re aware I was forced in 2016 by the arrogant intransigence of the Hollywood Media District BID to file a writ petition against them asking that they be ordered to follow the damn law.1 The petition was granted in part on January 30, 2018 and the BIDdies had to hand over some emails to me. I wrote about those goodies here and here.

What happens then is exceedingly clear under the law. The CPRA §6259(d) states that: The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section.

The “shall” means that a fee award is mandatory. The judge is not allowed not to award fees to the requester if the requester prevails. Of course, we have to consider what it means to prevail, but this has been settled by the courts in Belth v. Garamendi, which states: We further hold that the plaintiff has prevailed within the meaning of the statute when he or she files an action which results in defendant releasing a copy of a previously withheld document.

So the fact that the judge ordered the BID to give me those emails in February pretty much sealed their fate. Of course, they weren’t going down without a fight. My lawyer, the incomparable Colleen Flynn, asked them for $48,000 in fees. Briggs filed a response saying essentially that we shouldn’t get any fees but if we did it shouldn’t be nearly that much.

Flynn filed a simply brilliant rejoinder to that, and this very morning the judge rejected every last one of Hollywood Superlawyer Jeffrey Charles Briggs’s arguments, including his incredibly, embarrassingly whiny oral argument, and handed down a ruling awarding $30,000 in fees to Flynn. Ironically, before the ruling, Flynn offered to settle for significantly less than that and was roundly rejected by Attorney Briggs. Turn the page for a transcription of the ruling and a little more commentary.
Continue reading Judge Mary Strobel Rules That The Media District BID Must Pay $30,000 In Fees To My Attorney In My CPRA Case Against Them!! — Huge Fail For Hollywood Superlawyer Jeffrey Charles Briggs And His Bizarro-World Argument That I Deserve To Lose Cause I Am So Mean To His BIDdie BFFs — Briggs’s Other BID Clients Ought To See That It Is Time To Choose Between Coughing Up The Records And Coughing Up The Benjamins!! →

Share
Business Improvement Districts

North Figueroa Association Establishes Two Putatively Ad Hoc Committees In Transparent Attempt To Evade Public Scrutiny — It’s Not Clear That Their Brown Act Loophole Theory Is Correct — And They Violated The Brown Act While Forming The Committees — Misty Iwatsu Explains BID Renewal Process To A Bunch Of Ignorant Board Members — Gina Alza Flips The Freakin’ Frick Out When She Learns Misty Iwatsu Won’t Do All The Work — Screams That She Has A Damn Job Already And So Do All The Other Board Members — Take That, Misty!

Leave a comment

Oh, for God’s sake! Yesterday the freaking North Figueroa Association called a special meeting.1 As always, I zooped out there on the good old 81 and videotaped the whole damn thing, and you can watch it here on YouTube or here on Archive.Org as you prefer. Here’s the agenda that Misty Iwatsu distributed. There are only two items of business on there, which are:

a. Highland Park BID- Committee formed
b. Personnel- Employee Contract renewal- Committee formed

What’s going on here, it’s pretty clear, is that the NFA can’t stand the scrutiny they’ve been under lately, what with ongoing activism related to their illegal destruction of public art, their über-creepazoidal Facebook stalking of people, their weirdo symbiotic relationship with Cedillo staffer Bill Cody, the world’s oldest field deputy, who, e.g., “handles” the BID’s enemies list, their slavering white supremacy and unconvincing denial thereof, their unprovoked attacks on street vendors, and so on.

And so, instead of reforming their outlaw ways like sane people would do, they’ve taken to canceling their regular meetings in a pathetic attempt to avoid mockery. But they do still have to get some business done, like e.g. Misty Iwatsu’s contract seems to be expiring or already gone, and they have to handle the damn BID renewal.2 Hence, like so many BIDs around the City who can’t stand the heat but won’t get out of the damn kitchen, they’ve decided to cower behind a putative loophole in the Brown Act,3

And not only that, but these BIDdies are so astoundingly clownish that in this ten minute meeting they managed not only to violate the Brown Act about one and a half times,4 but also board member Gina Alza had a weird tantrum about how Misty Iwatsu ought to do all the outreach work for their BID renewal because the board members actually have jobs unlike, I guess, Misty Iwatsu? Anyway, turn the page for the details, both sordid and tedious, which is just how BIDology rolls, innit?
Continue reading North Figueroa Association Establishes Two Putatively Ad Hoc Committees In Transparent Attempt To Evade Public Scrutiny — It’s Not Clear That Their Brown Act Loophole Theory Is Correct — And They Violated The Brown Act While Forming The Committees — Misty Iwatsu Explains BID Renewal Process To A Bunch Of Ignorant Board Members — Gina Alza Flips The Freakin’ Frick Out When She Learns Misty Iwatsu Won’t Do All The Work — Screams That She Has A Damn Job Already And So Do All The Other Board Members — Take That, Misty! →

Share
Los Angeles City Council

The Highland Park Heroines At Restorative Justice For The Arts Have Started A Petition Asking Gil Cedillo To Get Rid Of Bill Cody, The World’s Oldest Field Deputy, Because Of Him Being A Bully And A Harasser — Sign It Today, Friends!

Leave a comment

Bill Freaking Cody, where to start? I mean, you’ve read about how the guy yells at everyone, about how the guy’s an inveterate enabler of white supremacy, how he and his BID buddies Facebook-stalk local activists, and so on.

Now read about how the guy allegedly harasses women in Highland Park, the very women he’s supposed to be helping his boss, Gil Cedillo, serve as a representative of Los Angeles City Government. In fact, do more than read about it, sign a Change.Org petition asking Gil Cedillo to fire the guy! This petition was started by two of the unsung Heroes of this City, the founders of Restorative Justice for the Arts. And turn the page for some excerpts.
Continue reading The Highland Park Heroines At Restorative Justice For The Arts Have Started A Petition Asking Gil Cedillo To Get Rid Of Bill Cody, The World’s Oldest Field Deputy, Because Of Him Being A Bully And A Harasser — Sign It Today, Friends! →

Share
Venice Beach BID

Venice Beach BID Security Director Azucena Vela Declares That BID Patrol Must Violate Law In Order To Enforce It — Laws Are For The Homeless, Not For The BID Patrol — According To Her The BID Patrol Need Not Follow The Laws Of The City Of Los Angeles As Long As They Are Wearing Their Silly T-Shirts — Will Continue To Ride Their Bikes On The Boardwalk Even Though It Is Completely And Unquestionably Illegal

Leave a comment

Yesterday was the second Friday of the month, so I hauled myself out West on the 733 to listen to the Venice Beach BIDdies babble on about whatever it is they’re talking about out there on Main Street, just inches from the Southern border of the City of Santa Monica. And naturally I videotaped the whole thing, and you can watch it here on YouTube or here on Archive dot Org as you prefer.

As always there was a lot of interesting stuff going on, and I’ll have at least one more post for you about it, but today’s topic is the security report by BID Patrol boss Azucena Vela of Allied Universal security. Here’s how it all went down. First, famous-in-Venice member of the Neighborhood Council Colleen Saro spoke during the newly attenuated public comment period. You can watch her here. She had a lot to say, but the salient bit was her comment on the BID Patrollies riding their damn bikes on the Boardwalk:

Your security guys first of all shouldn’t be on a bike on the boardwalk on a bike because that’s illegal so it’s kind of difficult for them to enforce if they’re breaking the law…

And if you know anything about Venice you know that, first, bikes on the Boardwalk are a big problem. People who ride them there are your basic antisocial psychopaths who are so fixated on their own convenience that they don’t care at all about running over children, old people, wheelchair riders and other human beings who can’t dodge quick enough. Also, second, it is actually against the law to ride a bike on the Boardwalk. It says so explicitly at LAMC §56.15(2):

No person shall ride, operate or use a bicycle or unicycle on Ocean Front Walk between Marine Street and Via Marina within the City of Los Angeles, except that bicycle or unicycle riding shall be permitted along the bicycle path adjacent to Ocean Front Walk between Marine Street and Washington Boulevard.

Continue reading Venice Beach BID Security Director Azucena Vela Declares That BID Patrol Must Violate Law In Order To Enforce It — Laws Are For The Homeless, Not For The BID Patrol — According To Her The BID Patrol Need Not Follow The Laws Of The City Of Los Angeles As Long As They Are Wearing Their Silly T-Shirts — Will Continue To Ride Their Bikes On The Boardwalk Even Though It Is Completely And Unquestionably Illegal →

Share
Business Improvement Districts, Public Records Act Pragmatics

How Andrew Thomas And Carol Humiston Conspired To Spend At Least A Thousand Dollars Of Other People’s Money All To Teach Me A Lesson About The Costs Of Exercising My Rights Under The Public Records Act — How’s It Working Out For Them? — Probably Not So Well In The Long Run

Leave a comment

NOTE: This post is turning out to be way longer than I thought, so I figured I’d better link to the actual public records it’s based on up here at the top. New for your perusal and edification are three contracts between the Westwood Village BID and various persons, including Exec Direc Andrew Lloyd Thomas and the BID security provider. Read ’em and weep, friends.

While you all have been enjoying my recent reporting on the Westwood Village BIDdies and their conspiracy with a bunch of UCLA students who feel like the boring homeowners on the Westwood Neighborhood Council don’t approve of enough liquor licenses and happy hours in the Village and whatnot, there has actually been a whole other story seething below the surface, some aspects of which I am writing today to tell you about!

You see, this isn’t just about me, the California Public Records Act, and Andrew Thomas, but also about Andrew Thomas’s lawyer, Carol Humiston, the ballistic barrister of Burbank.1 Carol Humiston,2 who lawyers for a lot of BIDs, has this CPRA system which she evidently believes is going to learn me not to bother her clients any more.3 Well, aside from the fact that no one’s managed to learn me anything since about 1974, her fanaticism ends up needlessly costing her clients a ton of money.4 Continue reading How Andrew Thomas And Carol Humiston Conspired To Spend At Least A Thousand Dollars Of Other People’s Money All To Teach Me A Lesson About The Costs Of Exercising My Rights Under The Public Records Act — How’s It Working Out For Them? — Probably Not So Well In The Long Run →

Share
Business Improvement Districts, Public Records Act Pragmatics

Larchmont Village Trial Setting Conference Today Essentially Anticlimactic But With A Few Interesting Aspects — Judge Mary Strobel Grants Respondents 30 Days Extra To File Response

Leave a comment

As I’m sure you recall, in April I was forced by their bizarro antisocial intransigence and utter failure to comply with the California Public Records Act to file a petition for writ of mandate against the kooky little backwater Larchmont Village BID in the heart of South Central Hollywood. They don’t seem to be interested in settling right now, and so this morning we all had to haul our tired bones out to the Stanley Mosk courthouse for the trial setting conference.1

It was the incomparable Abenicio Cisneros appearing for me and for the BID it was some dude who goes about the place passing himself off as J. Thomas Cairns, although I don’t know anyone who’s seen his ID. You may already know, but these conferences tend to be fairly routine, although sometimes something interesting happens, and a couple things happened here.
Continue reading Larchmont Village Trial Setting Conference Today Essentially Anticlimactic But With A Few Interesting Aspects — Judge Mary Strobel Grants Respondents 30 Days Extra To File Response →

Share
Business Improvement Districts, Hollywood Property Owners Alliance

Two Interesting Protests Against BID Renewals In Hollywood — One By A Civil Engineer Attacking The Constitutional Adequacy Of Ed Henning’s Self-Plagiarized Boilerplate Engineering Report — The Other Somewhat Plausibly Accusing Kerry Morrison Of Complicity In The Payoff Of Transients To Harass Anti-BID Property Owners

Leave a comment

You may have noticed that the Property and Business Improvement Law of 1994 makes allowance for property owners in a proposed BID to file “protests,” which must be accounted for by the City during the establishment or renewal process.1 For whatever reason, possibly the mandate that the City make a determination regarding protests received,2 these protests show up in the relevant Council File for all the world to read! And sometimes they are really interesting! Like the two recent doozies I have for your pleasant perusal today!

◪ Setrak Kinian protest — this is against the renewing Hollywood Entertainment District BID, filed by a property owner in the old Sunset & Vine BID — the two BIDs are being unified in their current renewal — and has some essentially kooky but nevertheless fairly explanatory3 allegations against Ms. Kerry Morrison.

For instance, Kinian claims that her BID pays off homeless people to hang around the properties of BID opponents in order to encourage them to support the BID. He also makes the not-completely-implausible claim that one goal of the BID is to force smaller property owners to sell out to larger ones. The Council File for this renewal is CF 14-0855. As always, turn the page for some selected transcriptions and commentary.

◪ Jim McQuiston protest — Against the renewing Hollywood Media District BID. McQuiston is a civil engineer and provides a really detailed4 denunciation of Ed Henning’s characteristically crapola engineer’s report. This is especially interesting to me given that one of my ongoing projects, which is to get the Board for Professional Engineers to take the preparation of engineering reports for BID formations seriously as the practice of civil engineering.5 The Council File for this renewal is CF 12-0963. Also Henning’s report is here. As always, turn the page for selected transcriptions and commentary.
Continue reading Two Interesting Protests Against BID Renewals In Hollywood — One By A Civil Engineer Attacking The Constitutional Adequacy Of Ed Henning’s Self-Plagiarized Boilerplate Engineering Report — The Other Somewhat Plausibly Accusing Kerry Morrison Of Complicity In The Payoff Of Transients To Harass Anti-BID Property Owners →

Share