Standard Plating at 826 E 62nd Street in the South Los Angeles Industrial Tract BID.One of the primary problems faced by anti-BID activists is that it is next to impossible to find out how to get in touch with the property owners involved in the BID. It’s politically necessary to do so because as matters stand now they are the only people who can get rid of a BID, so we have to be able to send them propaganda.1 This problem was crucial in the (ongoing) struggle against the Venice Beach BID,2 with both the City and CD11 claiming that the mailing list was not a public record. I chipped away and chipped away at this and finally, a couple months ago, Miranda Paster accepted my arguments and handed over the list.
For technical reasons, though, that victory was not applicable to BIDs in general.3 You can read the details in the above-linked-to post. So the next step is to find a way to get a mailing list for any BID. This is still ongoing, but today another one of my intermediate, more restricted, strategies was successful. It’s based on this June 15, 2015 report from Miranda Paster to Holly Wolcott.4 The crucial bit is the statement that:
On June 18, 2015, staff mailed out notice of public hearing and ballot packages for the renewal of the South Los Angeles Industrial Tract and Granada Hills Business Improvement District and notice of public meeting and public hearing for the renewal of the Los Angeles Tourism Marketing District.
Screenshots or it did not happen!! Friends, this is what it looks like to be a loser on the Internets! It is bad enough that you even register your domain with Godaddy, but if you let it expire and get parked for all the world to see?! Losers! Losers squared!! Losers to the power of n, friends!!!Good morning, friends!! It has been almost exactly two months since last I wrote to you with technical-geek-news about the successes and winnerousness of your heroes here at MK.org relative to the failures and loserosity of your zeroes over there at the Hollywood Property Owners Alliance. Well, things are going from bad for them to worse for them and from better for us to really really exceedingly better for us!
First of all, they have let their domain expire! See it parked at Godaddy in the screenshot above. Now, this is probably not a permanent situation. Indeed, their whois record from this morning shows that the domain was renewed yesterday, and I suppose it will once again point at their website as soon as the DNS records propagate. However, things must be all falling to pieces over there for this even to have happened. Kerry Morrison has long been the kind of leader about whom even her detractors will concede that she will keep the metaphorical trains running on time, and keeping a domain name registered is one of the simplest trains of all. Is there not autorenewal at Godaddy? Did someone let their credit card expire? Enquiring minds wanna to know!5 Of course, even without evidence we are happy to take credit for this lapse and any other chaos they may be experiencing over there at their secret headquarters. They are like those little bugs that scurry all about when their subterranean antics are exposed to public view by having their rock lifted up by curious students of slimy undergrounditude!
If you’ve been following the story of the Venice Beach BID at all you will know that the first hearing that the City held on this matter was shown to be invalid via some sharp lawyering by superhero public interest attorney Shayla Myers and that subsequently the City had to call a complete do-over of the process. Well, the time for the do-over hearing is rapidly approaching. It will be held at City Hall on Tuesday, November 8, at 10 a.m. If you can fit it in I hope you can show up and voice your opposition.
And your opposition is being heard by the City. For instance, City Clerk Holly Wolcott was recently quoted in the Argonaut to the effect that
… the drama surrounding the Venice Beach BID is unprecedented. “Since I’ve been in office, we’ve never seen the level of turnout we had for the BID nor had a BID ordinance repealed for these reasons,” she said.
Whether or not we’re ultimately successful in preventing this BID7 is less important than to show the City that they can no longer expect that their BID-building shenanigans will unfold unopposed in the quiet of their formerly smoke-filled back rooms. It’s important to show them that what Wolcott thinks is an anomaly may well be the new normal.
Chad Molnar in June 2016, just smiling away because it hasn’t yet occurred to him that he is going to jail.Perhaps you’ve been following along with our LAMC 49.5.5(A) project, in which we turn various City officials and employees in to the LA City Ethics Commission for violating that most lovely government accountability ordinance, LAMC 49.5.5(A) by misusing their positions in various ways. Well, just recently, via the fine folks at the Coalition to Preserve L.A., I learned of a possibly even more funner law, which may allow City employees not only to get fined by the CEC for violating CPRA, but actually locked up for it! Ladies and gentlemen, loyal MK.Org readers, may I present to you the stunning law known to the world as California Government Code Section 1222, which states in full:
Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.
The potential here is astounding. You see, there is “no special provision…made for the punishment of” a failure to comply with CPRA. This is in contrast to, e.g., the Brown Act, which does contain a clause making certain kinds of violations misdemeanors.8 However, the duty to comply with CPRA is “enjoined by law upon” public officers. For instance, the California Constitution at Article I, section 3(b) states pretty unequivocally that:
In order to ensure public access to the meetings of public bodies and the writings of public officials and agencies, as specified in paragraph (1), each local agency is hereby required to comply with the California Public Records Act …
Now, this law requires9 that the failure to act be wilful. But, of course, that’s where we have Chad Molnar dead to rights. If you didn’t read the whole story, you can at least read the smoking gun, in which Chad Molnar actually states explicitly that he’s not going to comply with CPRA and that he doesn’t think he has to comply. And note that this is not just him not complying with some vague part of the law, proof of violation of which would require a fact-finder, but him not complying with objectively clear, explicitly mandated, response deadlines. He just flat-out says he’s not going to respond as required. It’s hard to imagine a more wilful violation than that.
Lisa Schechter in February 2016, right around the time that David Ryu’s staff was quite sensibly deciding to ignore her illegal and unethical lobbying to attack homeless people by banning RVs in the Media District. Recall that in August 2016, Mitch O’Farrell and Mike Bonin introduced a motion in Council to attack the homeless by prohibiting RVs from parking overnight in the Media District BID. This was as a result of lobbying by Lisa Schechter, now executive directrix of the Hollywood Media District BID, but formerly Tom LaBonge’s high muckety-muck for something or another. The full story is here. At the time I wondered why David Ryu hadn’t seconded the motion, given that (a) Schechter had lobbied him heavily to do so, and (b) a significant part of the Media District BID is in CD4:
[His non-involvement] suggests the possibility that Ryu isn’t as invested in pleasing these BIDdies as O’Farrell is. Or maybe he’s sitting it out because his staff has made him aware that Schechter’s up to something sneaky.
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,11LAMC 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.
Because it will be approved. We know that. But we also know that Mike Bonin might be susceptible to political pressure. He even thought about moving the hearing date, presumably in response to political pressure and cogent criticism. Maybe the same tactics can help improve what’s presently looking like it’ll be yet another version of the worst that this City’s BIDs in Hollywood and Downtown have to offer. So here are some things which might be attainable politically and which might help mitigate some of the worst excesses to which BIDs are prone.
First of all, maybe you remember the recent tumult over the Arts District BID. If not, there’s a13 version of the story here. In short, some property owners got a judge to dissolve the BID, there was a big fuss about getting a new BID formed, and in order to settle the controversy, José Huizar stepped in and brokered a compromise involving the composition of the Board of Directors. As the L.A. Business Journal put it:
City Councilman José Huizar, whose district includes the neighborhood, on Tuesday announced that the Arts District Community Council Los Angeles has agreed to drop its application to create a BID and support an application sponsored by a group called Arts District Los Angeles. The ADLA, in turn, agreed to give Community Council representatives at least four seats on an expanded 23-member board. In addition, the area’s homeowners association will get three additional seats on the board.
If Huizar can negotiate seats on the Arts District BID Board, Mike Bonin can certainly change the composition of the Board of Directors of the Venice Beach BID if he wants to.14 The composition of the Board is a political matter which can be influenced by political tactics. The Arts District dissenters got four seats out of 23, not enough to change things, although by no means an empty victory. A vote, four votes, is not nothing in such a closed-off political entity. Another moral is that the homeowners association got seats on the Board. That is, Huizar got people who live in the BID a voice on the Board. This is also not trivial.
LA Sanitation Homeless Encampment Materials. Note the crappy quality of these things. That’s because, even though CPRA says both clearly and explicitly that if records are stored electronically they must be released in an electronic format, not only does LASAN refuse to do this, insisting on printing these low quality black and white copies from the electronic color originals, but they won’t even answer my emails about this, even though CPRA also compels them to answer. Ah, sigh, right?
BID Feasibility Reports. It seems that BID consultants are supposed to prepare these reports before the BID formation process starts. It also seems that this rule is not enforced. When I asked Miranda Paster for all of these, she sent me only these two: San Pedro and Pacoima. Perhaps these are all there are, in which case yet another rule is being broken.
Mike Bonin, shown here with the Jesus-halo sidelighting he evidently prefers.After a chaotic hearing on the Venice Beach BID in August,15 after Legal Aid Foundation of Los Angeles powerhouse attorney Shayla Myers pointed out that the process was legally flawed, and after City Attorney Mike Feuer accepted her argument and told the City Council that they’d better have a do-over, after all that, the rehearing on the abhorrent BID was scheduled to be approved considered in Council on November 8, 2016. This, of course, is also the day that Americans will be deciding the future of the world, which takes up a lot of time. Venice being Venice, there has been a lot of speculation about whether Bonin did this on purpose to make it difficult for detractors to testify. Venice also being Venice, there has been an organized effort to get Bonin to postpone the hearing.
The Fashion District, September 2016.Good evening, Friends! I haven’t had time to write much recently and I won’t have time for another day or two because the latest installment in the MK.Org LAMC 49.5.5 project is turning out to be more complex than I’d anticipated. I expect to have it done with by the end of this week. This is just a short interim post to announce some new records.
