Tag Archives: Brown Act

Burbank BID Violated Brown Act In 2016 By Voting To Donate $50,000 To A Political Campaign Without Having Agendized The Matter — Local Activist David Spell Calls For Disestablishment — Burbank City Attorney Forced To Address The Question Of Whether BID Assessments Are Public Funds — Answers With A Resounding “Maybe”!

April 2, 2018 Mike Leave a comment

So it turns out that a major scandal involving a business improvement district has been brewing up in Burbank since September 2016. The short version of the story is that a Burbank BID violated the Brown Act and may have violated State laws forbidding the use of public funds in political campaigns. A local activist, David Spell, turned them in to the LA County DA and the Fair Political Practices Commission.¹

In December 2016 the Burbank City Attorney published a fascinating report on the episode,² which may shine a great deal of light on the legal status of BID assessments as public funds. Furthermore, Spell called for the Burbank City Council to hold a disestablishment hearing as required by Streets and Highways Code §36670(a)(1).³

If this money does turn out to be public, a lot of really interesting consequences would ensue, which is another part of what makes this episode so important. As always when BIDs and the law intersect, the details are unavoidably technical, which is no doubt why the L.A. Times skips over them and also why I’m hiding them below the fold!
Continue reading Burbank BID Violated Brown Act In 2016 By Voting To Donate $50,000 To A Political Campaign Without Having Agendized The Matter — Local Activist David Spell Calls For Disestablishment — Burbank City Attorney Forced To Address The Question Of Whether BID Assessments Are Public Funds — Answers With A Resounding “Maybe”! →

Brown Act Pragmatics, Central City East Association

How The Central City East Association Violated The Brown Act Twice In One Meeting On Thursday Morning So I Reported Them To The Los Angeles County District Attorney

February 24, 2018 Mike 1 Comment

As you know, the Central City East Association held a meeting the other day.⁴ And a lot of interesting stuff went down. For instance, watch and listen here as Estela Lopez, the voodoo queen of Skid Row herself, explains to the Board that for some reason having to do with the much-discussed trash ordinance, they need to rewrite part of their contract with their street-cleaning contractor Chrysalis. There’s a transcription of the whole discussion after the break, but it’s easy to summarize what happens.

Estela Lopez is all like guys, we gotta redo the contract because reasons and then some random Board member is all like I have a motion because Roberts, and then Mark Shinbane, the Fabulous Freaking Fishmonger himself, is all like I second the motion and let’s vote. Unanimous? Done! The only problem? There’s not a word about it on the damn agenda. And this wasn’t the only instance of this kind of behavior at the meeting.

Just take a look here as freaking Bob Smiland, honcho supremo of Inner City Arts, quintessentially opposite-of-Silas-Lapham paint zillionaire, and unanimously acclaimed most galootish CCEA board member of all freaking time, responds to dictator-for-life Mark Shinbane’s rhetorical question about if there’s anything else before he adjourns the damn meeting by going off on a tangent so freaking tangential that his fellow totalitarian zillionaires were left in dropped-jaw silence as he rambled on about tourist brochures for Skid Row to be left in upscale hotel lobbies and god knows WTF else.⁵ And … you guessed it! Not a word about it on the damn agenda.

And what’s the problem with all this, you may well ask? Why can’t a few good old white supremacist buddies get together on a Thursday morning at ground zero of the homeless crisis in the United States of America and talk about any random crap that pops into their little zillionaire-addled heads? Well, as it happens, it is against the freaking law, that’s why!

Because business improvement districts have voluntarily chosen to benefit from coercively collected assessments, the State Legislature has passed Streets and Highways Code §36612, which makes all these BID boards of directors subject to the Brown Act. The good old Brown Act contains many treasures, and not least amongst these is good old §54954.2(a)(3), which states unequivocally that: “No action or discussion shall be undertaken on any item not appearing on the posted agenda.”

Mark Shinbane, of course, is famous for his criminal ways and he’s no stranger to violating the Brown Act, but this, to the best of my knowledge, is the first time he’s ever done it on camera. Turn the page for a little more evidence, transcriptions of the relevant bits, and, best of all, a copy of the report I sent to the LA County DA this morning turning these creepers in for their criminal ways.
Continue reading How The Central City East Association Violated The Brown Act Twice In One Meeting On Thursday Morning So I Reported Them To The Los Angeles County District Attorney →

Business Improvement Districts

Ahahahaha And LOL!!! Ellen Riotto Of The South Park BID Is Now Taking Sensitive Legal Advice From Internet Randoms At This Blog!!!

February 21, 2018 Mike Leave a comment

The Brown Act contains many wonderful treasures, but one of the wonderfullest is to be found at §54954.1, which states unambiguously that:

Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. … Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first.

I ask many of my BID friends to send me these notifications and their agenda packets. It really seems to piss most of them off.⁶ I don’t feel bad for asking BIDs to comply with the law, though. After all, it’s voluntary on their part and they’re making an awful damn lot of money out of it.

So anyway, our friends at the South Park BID are reasonably cooperative about complying with the law. They invited me to sign up for their public mailing list, which I did. It’s an open question as to whether this is compliance, since the law requires notifications to be sent at the time that the board receives them, but this presently seems too minor to quibble over. On the other hand they spout an awful lot of spam through that account, and clearly I shouldn’t be required to sort through the junk just to be able to receive notifications that they’re legally mandated to send. Again, though, this is an argument for another day.

However, it turns out that the South Park BID does distribute packets to its board of directors in advance of the meetings and also that those are not available via the public mailing list. I only found out about this recently, so I wrote to the BID boss ladies and asked them to send them goodies my way!

After some nonsense with them interrogating me mercilessly about which email address I wanted the board packets sent to,⁷ we got all the details ironed out. And after that, my friends, it must follow, as the night the day, that I ended up sending Ellen Riotto some of my sage legal advice and, amazingly, she ended up taking it!⁸ Read on for the details and a bunch of emails!
Continue reading Ahahahaha And LOL!!! Ellen Riotto Of The South Park BID Is Now Taking Sensitive Legal Advice From Internet Randoms At This Blog!!! →

Business Improvement Districts, Public Records Act Pragmatics

An Unforced Error By Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs Provides Unique Insight Into The Thoroughly Cynical, Thoroughly Bogus Nature Of BIDs’ Use Of The Deliberative Process Exemption To The California Public Records Act — They Even Used It In One Case To Cover Up A Blatant Brown Act Violation

February 8, 2018 Mike Leave a comment

One of the biggest flaws in California’s Public Records Act is that the various local agencies that constitute our government are trusted to search their own records, decide without oversight what’s responsive to requests and, worst of all, decide what’s exempt from production. My general feeling about BIDs and record searches is that they purposely don’t find everything, about their exemption claims that they’re mostly lying.

Unfortunately, without a lawsuit, it’s not realistically possible to get a look at records for which they’ve claimed exemptions.⁹ Hence it’s not usually possible to check how closely this feeling corresponds to reality. However, due to an interesting confluence of events, I recently obtained a number of emails between various people at the Hollywood Media District BID for which their lawyer, Jeffrey Charles Briggs,¹⁰ had claimed exemptions, thus making it possible to compare his claims with the actual records. Unsurprisingly the exemption claims turned out to be $99\frac{44}{100}\%$ pure and unadulterated nonsense. You can find the emails and some analysis after the break, but first I’m going to ramble on a little about some tangentially related issues.

Like many policies, this default assumption of honesty on the part of local agencies no doubt works when it works, but when it comes to the BIDs of Los Angeles, who are staffed, for the most part, with the most unscrupulous bunch of pusillanimous chiselers ever to engorge their bloated reeking tummies at the public piggie trough, it doesn’t work at all.¹¹ They lie, they confabulate, they delude themselves and others, and generally display utter and overweening contempt for the rule of law.¹²

And nowhere does their misbehavior reach a more fevered pitch than in the use of the so-called “deliberative process” exemption to the CPRA. In short, this is an exemption that courts have built up out of the “catch-all” exemption to CPRA, found at §6255(a), which says:
Continue reading An Unforced Error By Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs Provides Unique Insight Into The Thoroughly Cynical, Thoroughly Bogus Nature Of BIDs’ Use Of The Deliberative Process Exemption To The California Public Records Act — They Even Used It In One Case To Cover Up A Blatant Brown Act Violation →

Venice Beach BID

Video Clips Of January 5, 2018 Meeting Of Venice Beach BID Board Available — In Conjunction With December Letter To Property Owners These Clips Suggest That They’re Egregiously Violating The Brown Act — President Tara Devine Is Even More Horrifically Offensive, Irritating, Mendacious, And Reprehensible Than Hitherto Suspected

January 22, 2018 Mike Leave a comment

As you may recall, the Venice Beach Business Improvement District putatively began its existence on January 1, 2017. However, the BID did nothing whatsoever for most of its first year except cash its zillion dollar checks from the City. In late December 2017 the BID finally announced a public meeting both through a letter sent to property owners on December 22, 2017 (there’s a transcription of this PDF at the bottom of the post) and via an email sent to the BID’s MailChimp list on January 2, 2018.

Well, the meeting took place, although I was not able to attend. The indefatigable Margaret Molloy recorded some selections, though, and has published them on her YouTube Channel. I have not watched all of them yet, but I’ve watched some of them, and it’s not a pretty sight, friends. These Venice BIDdies are a bunch of bad, bad babies.

So here’s what I have for you tonight. After the break, along with the promised transcription of devious little chump Mark Sokol’s letter to property owners, there’s also a reproduction of Margaret’s directory of these clips along with direct links through to them. Also there’s a transcription and a little bit of accompanying discussion of this particular clip, in which President Tara Devine explains how and why she and her fellow bad BIDdies on the board egregiously violated the Brown Act in the months leading up to this January meeting. Read on!
Continue reading Video Clips Of January 5, 2018 Meeting Of Venice Beach BID Board Available — In Conjunction With December Letter To Property Owners These Clips Suggest That They’re Egregiously Violating The Brown Act — President Tara Devine Is Even More Horrifically Offensive, Irritating, Mendacious, And Reprehensible Than Hitherto Suspected →

Venice Beach BID

Venice Beach BID To Hold First Public Meeting On Friday, January 5, Inaugurating Both A Quantum Freaking Leap And A Sea Freaking Change In The Illegal Freaking Bullshitization Of Venice — Please Attend And Tell These Shameless, Already-Being-Sued, Law-Flouting Creeps What You Think Of Their Nonsense — Also, If You’re Able To Film The Meeting, Please Do So!

January 4, 2018 Mike Leave a comment

Perhaps you recall that the infamous Venice Beach Business Improvement District has been nonoperational for an entire year after the second-time’s-a-charm reapproval by City Council, whose blindingly arrogant indifference to both law and decency necessitated this expensive and amateurish do-over.

Well, they’re operational now, friends! Yesterday morning the VBBID CEO, AKA President-For-Life Tara Devine, transmitted in interstate commerce¹³ an announcement of the BID’s first-ever meeting. Here are the documents involved:

January 2, 2018 email from Tara Devine — Announcing the meeting and attaching the agendas
2017.01.05 VENICE BEACH BUSINESS IMPROVEMENT DISTRICT.pdf — Agenda for the BID part of the meeting — Wrong date is in original … Wake up, President Devine!
2017.01.05 VENICE BEACH PROPERTY OWNERS ASSOCIATION.pdf — Agenda for another part of the meeting

The meeting is on Friday morning at 10 a.m. If you’re able and willing to attend and film the entire meeting, which is your absolute right under the Brown Act, please do so, as various prior commitments prevent me from attending. If you’d like some tips on how to film Brown Act meetings effectively, please get in touch!

Meanwhile, turn the page for a critical analysis of selections from these woefully deficient documents as well as some special bonus info on how and why President Tara Devine and her co-conspirators are so arrogantly outlaw.
Continue reading Venice Beach BID To Hold First Public Meeting On Friday, January 5, Inaugurating Both A Quantum Freaking Leap And A Sea Freaking Change In The Illegal Freaking Bullshitization Of Venice — Please Attend And Tell These Shameless, Already-Being-Sued, Law-Flouting Creeps What You Think Of Their Nonsense — Also, If You’re Able To Film The Meeting, Please Do So! →

Business Improvement Districts

How The East Hollywood BID, Drunk On White Privilitude And Zillionairity, Not Only Confessed Openly To Their Plans To Hold An Illegal Meeting But Their Boss Flunky, Jacob Jauregui, Even Argued With And Condescended To Me When I Was Kind Enough To Warn Him And His Damn Lawyer In Advance Rather Than Reporting Them To The Duly Constituted Authorites — And Then They Took My Good Advice And Cancelled Their Damn Meeting!

December 24, 2017 Mike Leave a comment

OK, I have a tiny little story for you about a tiny little BID, the East Hollywood BID, located in beautiful EHo, a toponym commonly used by no living human being ever for East Hollywood.

On December 20, 2017, at 4:26 p.m., East Hollywood BID Boss Flunky Jacob Jauregui¹⁴ sent out an email to the EHBID mailing list announcing a special meeting to be held by teleconference on Friday, December 22.¹⁵ I noticed that there was no physical location given in the announcement or on the agenda. However, the Brown Act explicitly forbids this. See §54953(b), which requires that if teleconferencing is used there must by physical locations which are open to the public at which they can participate in the meeting.

So for a while I thought I’d wait till they held the illegal meeting and then turn them in to the Public Integrity Division of the Los Angeles County District Attorney. But then, moved perhaps by the true spirit of Christmas,¹⁶ I decided to let Jacob Jauregui know of his BID’s impending transgression and give them all a chance to do the right thing for once.
Continue reading How The East Hollywood BID, Drunk On White Privilitude And Zillionairity, Not Only Confessed Openly To Their Plans To Hold An Illegal Meeting But Their Boss Flunky, Jacob Jauregui, Even Argued With And Condescended To Me When I Was Kind Enough To Warn Him And His Damn Lawyer In Advance Rather Than Reporting Them To The Duly Constituted Authorites — And Then They Took My Good Advice And Cancelled Their Damn Meeting! →

Los Angeles City Government

How I Reported DLANC’s Douchebaggiest Development Diva, Lover-Of-Non-White-Women, And DTLA Dustbowl Refugee Josh Albrektson To The Los Angeles County District Attorney For Violating The Brown Act With Evidence Provided By His Own Confession Against Interest Published, For Peak Derp, On Freaking Facebook

November 19, 2017 Mike Leave a comment

Anyone who follows this blog regularly knows that we’re raking in big bucks from George Soros and similar sources to support our merciless over-coal raking and to-the-duly-constituted-authorities reporting of the propertied classes of Los Angeles and their eager brown-tongued lap-minions like, e.g., the six members of the Board of Directors of the Downtown Los Angeles Neighborhood Council who participated in a sub rosa, barely legal conspiracy to do in the recent Skid Row Neighborhood Council formation effort.

One of the many targets at which we direct this firehose of Sorosbux is the Facebook, where Internet amateurs and malcontents will gather to vent their collective spleens in the comfy company of their moronic six-fingered peers. In particular, we have a dedicated, Soros-funded, intern¹⁷ doing absolutely nothing all day but sifting through opposition Facebookery. And mostly it’s predictably dumb and sadly inconsequential, this material. The political equivalent, if you will, of kitten memes. Occasionally, however, a gem pops up in the feed, and when it does, well, we will write about it!

So you can well imagine our glee over here at MK.Org secret headquarters when this little slab of puckey was brought to our attention.¹⁸ The author is DLANC board member and erstwhile DTLA resident¹⁹ Joshua Albrektson, writing about his actions after receiving the grievance against DLANC board member Dan Curnow that I filed a few weeks ago:

This is his latest article. He sent a grievance to DLANC that was literally about 40 pages about Dan Curnow being on a e-mail chain of people opposing the Skid Row NC. In order to file a grievance, you have to be a stakeholder of the place. He attached a page stating he is a stakeholder because he investigates the BIDS. I told everybody that he lives in Hollywood and works in Whittier and doesn’t own property here. I don’t think anybody even read his grievance.

So what would you do if you read something like this? Well, what I did is to turn the guy in to the Public Integrity Division of the Los Angeles County District Attorney for violating the Brown Act. Turn the page for details!
Continue reading How I Reported DLANC’s Douchebaggiest Development Diva, Lover-Of-Non-White-Women, And DTLA Dustbowl Refugee Josh Albrektson To The Los Angeles County District Attorney For Violating The Brown Act With Evidence Provided By His Own Confession Against Interest Published, For Peak Derp, On Freaking Facebook →

Los Angeles City Government, Skid Row Neighborhood Council

How I Reported DLANC Board Member Dan Curnow To The LA County DA For Violating The Brown Act And Also Filed A Grievance Against Him For Violating DLANC Bylaws

November 6, 2017 Mike Leave a comment

Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

I reported a few weeks ago on how Downtown Los Angeles Neighborhood Council Board member Dan Curnow violated the Brown Act in April 2017 along with his late, unlamented colleague, moral dumpster fire, and wannabe vigilante, Jacob Douglas Van Horn. Jacob Douglas VH, of course, famously resigned from DLANC under a cloud some time ago and, by doing so, perhaps placed himself beyond the suffering of consequences for his evil ways.²⁰ Dan Curnow, as far as anyone around here knows, though, has not (yet) resigned from DLANC and so is eligible to be complained about in every possible venue.

First of all, then, I sent this complaint about him to the Public Integrity Division of the Los Angeles County District Attorney, which is charged with enforcing Brown Act compliance in L.A. There’s not a whole lot of information in there which wasn’t in my original story, but maybe you’ll find it worth reading. The bigger news, though, is that I also filed a grievance with DLANC against Dan Curnow for violating the Brown Act. This is a new direction for me, and there’s a detailed discussion of the issues after the break.
Continue reading How I Reported DLANC Board Member Dan Curnow To The LA County DA For Violating The Brown Act And Also Filed A Grievance Against Him For Violating DLANC Bylaws →

Central City East Association, Skid Row Neighborhood Council

Estela Lopez’s Exclusion Of Andy Bales, Other Board Members, From Secret Email Discussion Of Skid Row Neighborhood Council Not Anomalous — Bales, Gardner, Kavoukjian Regularly Left Out Of Group Emails From Lopez To CCEA Board Members — What’s Lopez Hiding And Why Is She Hiding It?

November 1, 2017 Mike Leave a comment

Recently I reported that nine out of the twelve members of the Board of Directors of the Central City East Association egregiously violated the Brown Act during their weeks-long participation in the anti-Skid-Row-Neighborhood-Council conspiracy centered around the shadowy anonymous Delaware-incorporated entity United Downtown Los Angeles LLC. Well, I’ve been continuing to investigate this matter, not only with respect to the involvement of CCEA executive directrix and Skid Row voodoo queen Estela Lopez and the CCEA board of directors, but from many other angles as well.

As part of the investigation I’ve been seeking via the California Public Records Act various emails between CCEA’s board and staff. I’ve actually been asking for these for almost a year now. Estela Lopez has been consistently obstructionist, mostly claiming that all such emails are exempt due to the famously abused, mostly made up, so-called deliberative process exemption to the CPRA.²¹

This position is indefensible, of course, and there have been some demand letters exchanged between my lawyer and some attorneyesque dude known as Don Steier, who seems to be very buddy buddy with the CCEA conspiracy. The CCEA remains mostly uncooperative, although they did cough up about 50 pages of emails they’d formerly claimed were exempt.²² An even superficial perusal of the evidence will show conclusively that their original claim that this stuff was exempt is nonsense of the first water, and the material they released is mostly chaff.²³

However, there is still some interesting information to be gleaned from this release. In particular, the fact that Estela Lopez was involved in extensive secret email discussions with 9 out of 12 CCEA directors, excluding Andy Bales, Richard Gardner, and Sylvia Kavoukjian, was in fact not an anomaly. It seems that she habitually sends emails to everyone but those three.²⁴ I have no idea at this point why those three directors are excluded on a regular basis. Perhaps someone more up on Downtown politics will be able to figure it out. Anyway, turn the page for some examples, some discussion, and some mockery of Don Steier, the CCEA’s lawyerlike co-conspirator.²⁵ Continue reading Estela Lopez’s Exclusion Of Andy Bales, Other Board Members, From Secret Email Discussion Of Skid Row Neighborhood Council Not Anomalous — Bales, Gardner, Kavoukjian Regularly Left Out Of Group Emails From Lopez To CCEA Board Members — What’s Lopez Hiding And Why Is She Hiding It? →