Tag Archives: Business and Professions Code

Business Improvement Districts, Venice Beach BID

Update On The Willingness Of The California Board For Professional Engineers To Read And Consider Complaints Against Engineers Who Prepare Reports For BID Establishment — According To Boss Honcho Ric Moore They Not Only Will Read And Consider Them But He Personally Will Review And Clarify The Findings Of His Enforcement Staff — It’s Hard To Know If This Is Excellent, But It Is Way, Way, Way Better Than Nothing!

April 24, 2018 Mike Leave a comment

As you may know, I’ve been working on getting the California Board for Professional Engineers, which regulates the profession of engineering in California, to accept complaints against the engineers who write reports supporting BID formation. At first the Board’s position was that the preparation of such reports didn’t even constitute the practice of engineering and therefore all such complaints should be rejected a priori. After a few months of discussion, the Board seemed more entrenched than ever in this disappointing position.

However, in the last week or so, the Board, in the person of Executive Director Ric Moore, seems to have softened its position somewhat. In this email,¹ Moore has made what strike me as two significant concessions:²

◈ Ric Moore stated that all complaints to the Board are read and responses reflect the actual factual allegations in the complaint.
◈ He also said that if the person filing the complaint doesn’t believe that this happened he, Ric Moore, will clarify and address the concerns.

This certainly is welcome news, and Ric Moore’s statements have had at least two immediate consequences. First, the Venice resident who filed the original complaint against BID engineer Ed Henning took Moore up on his officer to clarify and address concerns. Second, because Moore has committed his agency to reading all complaints and responding based on the factual allegations, I have determined to submit my own complaint against Ed Henning. I hope to have this done within four weeks, possibly sooner.

And I have updated this Archive.Org page with the additional emails (dated April 16 and 17, 2018). Turn the page for links to the new emails, transcriptions of all or part of the salient ones, and possibly a little more discussion of the issues.
Continue reading Update On The Willingness Of The California Board For Professional Engineers To Read And Consider Complaints Against Engineers Who Prepare Reports For BID Establishment — According To Boss Honcho Ric Moore They Not Only Will Read And Consider Them But He Personally Will Review And Clarify The Findings Of His Enforcement Staff — It’s Hard To Know If This Is Excellent, But It Is Way, Way, Way Better Than Nothing! →

Business Improvement Districts, Venice Beach BID

The California Board For Professional Engineers Not Only Continues To Refuse To Enforce Professional Standards Against Engineers Involved In BID Formation Even Though They Have No Written Policy To That Effect But Now, After An Initial Show Of Considering Reasonable Counterarguments To Their Unwritten Policy, Have Been Reduced To Intransigent Stalling And Clueless Unprofessional Mockery

April 15, 2018 Mike Leave a comment

Before a business improvement district can be formed, the Property and Business Improvement District law at §36622(b) requires that a licensed engineer prepare a report supporting the assessment methodology. At least in Los Angeles these reports are pro forma copy/paste monstrosities that are completely unrelated to any actual facts. Now, engineering in California is regulated by the Board for Professional Engineers, and one of their duties is to investigate complaints about unprofessional conduct.

So last year, after the utterly despicably disheartening process of approving the Venice Beach BID came to its tragic end, a resident, fed up with the nonsense promulgated by civil engineer Ed Henning in his report,¹ filed a complaint against him with the Board. Amazingly, his complaint was closed unread because, as he was told in a letter by Jackie Lowe, the enforcement analyst who wrote to him, the Board does not consider the preparation of engineer’s reports for business improvement districts to constitute the practice of engineering.

They claim that it’s not within their jurisdiction and, in her letter announcing the close of the investigation, Jackie Lowe told the complainant that “Historically, our Board has deemed these “tax assessment” reports not civil engineering work.” This struck me as being reflective of a Board policy, which was so unexpected that after learning of it I sent a CPRA request to the Board asking for records related to this policy decision.² After all, if there’s a policy, it ought to be written down so that it can be analyzed and, if appropriate, disputed.

After they ignored me for a long time, their enforcement manager Tiffany Criswell answered and propounded the usual line of nonsense about why they weren’t going to fulfill my request.³ Furthermore, she informed me that there was no written policy stating that the preparation of these engineering reports didn’t constitute the practice of engineering.

Basically she claimed that the Professional Engineers Act, which is the establishing law for the Board, forbade them from investigating anything which wasn’t explicitly defined in the law as the practice of engineering. She seemed to claim that creating a policy was forbidden. That they had to work only from the language of the law.⁴ I argued that it was pretty clear from the language of the Act that preparing engineer’s reports for BIDs constituted the practice of engineering as described in the Act. Strangely, she seemed to actually listen to my argument. She told me that she would look into it and get back to me.

And listen, when disputing anything at all with a government agency at any level, this counts as a win. So I waited. Heard nothing. Asked what’s up. She said later. Waited. Asked what’s up. She ignored me. Waited. Asked what’s up and CC-ed her boss, the inimitable Mr. Ric Moore. He flipped out and wrote me a weirdly sarcastic email full of malcriado scare quotes and other instances of bitterly bureaucratic sarcasm.

This email convinced me that, even though every aspect of the process remains unresolved, it’s time to publicize matters. Hence this post. The discussion is unavoidably technical, which is why the details are after the break, along with links to and transcriptions of most of the emails involved. As I said in the footnotes already, though, all the emails are available here on Archive.Org.
Continue reading The California Board For Professional Engineers Not Only Continues To Refuse To Enforce Professional Standards Against Engineers Involved In BID Formation Even Though They Have No Written Policy To That Effect But Now, After An Initial Show Of Considering Reasonable Counterarguments To Their Unwritten Policy, Have Been Reduced To Intransigent Stalling And Clueless Unprofessional Mockery →

Business Improvement Districts, Venice Beach BID

The California Board For Professional Engineers Explicitly, Openly, Refuses To Enforce Professional Standards Against Engineers Who Produce Crack-Headed Nonsensical Reports For BID Formation , With Venice Beach Being A Prime Recent Example, Even Though The Legislature Clearly Intended Some Oversight — This Is An Overt Abrogation Of Their Duty But At Least It Explains The Submoronic Lobotomized Quality Of The Damn Reports

January 18, 2018 Mike Leave a comment

NOTE: This post turned out to be a lot more complex than I’d originally planned, so here’s a TL;DR:

New BIDs are required to submit a report written by a state-certified engineer explaining why their boundaries and assessments make sense.
Ed Henning, the engineer for the Venice Beach BID, submitted this totally nonsensical report.
One of the same Venice residents who is suing the BID filed a complaint against Henning with the California Board for Professional Engineers alleging that Henning made up a bunch of stuff and otherwise acted incompetently in the report’s preparation.
The Board rejected this complaint with this letter, claiming that they do not consider the preparation of BID reports to be within their jurisdiction. There’s a transcription of this PDF at the very end of this post.
This is yet another example of how no one in the government, state or local, is willing to regulate BIDs at all or hold them accountable for anything.

My recent post on the East Hollywood BID in relation to one of the purposes of the Management District Plan for BID operations, focusing in part on some of the esoteric technicalities of the Property and Business Improvement District Act as it did, reminded me of another topic touching on PBID technicalities I’ve been meaning to write on for a few months now but have not yet, until today, gotten around to dealing with.

One of the required elements of the process of forming a property based BID, imposed by the PBID Law at §36622(n), is:

… a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.

This subsection actually incorporates a requirement imposed on all special assessment districts¹ by the California Constitution at Article XIIID(4)(b), which imposes the same requirement in slightly more general language, having as it does to apply to any kind of special assessment:

All assessments shall be supported by a detailed engineer’s report prepared by a registered professional engineer certified by the State of California.

Now, these engineers’ reports which go along with BID formation are particularly interesting documents. First they’re interesting because they’re so mind-numbingly boring. My feeling is that if people write stuff this tedious and impossible to read they’re almost certainly hiding something, which is already of intrinsic interest. Second, they’re interesting because of the sheer unexpected variety of the nonsensical bullshit straight-facedly included in them, about which I’ll have more to say at a later date.
Continue reading The California Board For Professional Engineers Explicitly, Openly, Refuses To Enforce Professional Standards Against Engineers Who Produce Crack-Headed Nonsensical Reports For BID Formation , With Venice Beach Being A Prime Recent Example, Even Though The Legislature Clearly Intended Some Oversight — This Is An Overt Abrogation Of Their Duty But At Least It Explains The Submoronic Lobotomized Quality Of The Damn Reports →

Hollywood BID Patrol, Hypocrisy

Kerry Morrison Goes Around Hollywood Peering into Cars to see if Homeless People are Living in them and then Sends the BID Patrol to Investigate

July 9, 2016 kohlhaas Leave a comment

Kerry Morrison with her detective hat on.

There is all kinds of interesting stuff in the BID Patrol daily log files, and some of it is too weird to even describe. This little story is from April 24, 2015, written by BID Patrol officers Mike Coogle and his frequent partner Mike Ayala:

OUTREACH- 1500 BLOCK OF GORDON AVENUE- E/ SIDE OF STREET
YESTERDAY WE RECEIVED A CALL FROM KERRY’S OFFICE REGARDING A VEHICLE SHE OBSERVED. THE VEHICLE, A GREY BUICK LIC#XXXXXXX, WAS UNOCCUPIED BUT CONTAINED A CHILD SEAT, FORMULA AND OTHER ITEMS POSSIBLY INDICATING THE OWNER OF THE VEHICLE IS HOMELESS WITH A CHILD. YESTERDAY WE LEFT A PATH CARD AND FLIER WITH LOCAL, FAMILY FRIENDLY HOMELESS SERVICES ON THE WINDSHIELD. THIS MORNING, THE CARD AND PAPER WERE GONE. THE VEHICLE WAS UNOCCUPIED AND SOME ITEMS APPEARED TO BE IN DIFFERENT SPOTS.

So yeah, people of Hollywood. Don’t you feel safer knowing that Ms. Kerry Morrison is peering in your car to see if you look homeless and then sending her armed minions the BID Patrol to follow your car around to see if you’re parked in the same place and if you moved stuff in your car around? And for such a vocal advocate of law and civic order as is our Ms. Morrison, this kind of thing is surprisingly illegal. Read on for the details!
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Hypocrisy

HPOA Chooses Not to Arrest Law-Flouting Liquor Dealers, Proving its Selective Enforcement Intended to Eliminate Homeless Rather than Cut Hollywood Crime

April 23, 2015 kohlhaas Leave a comment

A "habitual or common drun kard" on the streets of Hollywood. It is illegal in California to sell alcohol to this guy but the BID Patrol chooses or is directed by the HPOA not to enforce this law, preferring to arrest the guy himself. We gotta wonder why that is! — A “habitual or common drunkard” on the streets of Hollywood. It is a misdemeanor in California to sell alcohol to this guy but the BID Patrol chooses or is directed by the HPOA not to enforce this law against liquor dealers, preferring to arrest the guy himself. We gotta wonder why that is!

We have previously noted that the Hollywood Property Owners Alliance arrests an awful goddamned lot of people for drinking in public. Furthermore, they maintain an utterly schizophrenic attitude about public drinking, arresting the homeless while not arresting the non-homeless for this most natural of human activities. We have suggested that the BID could solve this problem by merely ceasing to enforce this ridiculous law, but our finely crafted arguments have thus far been ignored, making us feel much as the habitually bad-rapped King Canute must have done when dealing with that whole wave thing.

King Canute, habitually bad-rapped by a bunch of ignorant internetties, gracing an illuminated page with his illustrious visage.

But we’re not discouraged! We live to serve! We have more unsolicited advice for the HPOA. Even though we think their focus on Hollywood’s putative public drinking problem borders on either the delusional or the deliberate employment of the good old Große Lüge for the usual unsavory and genocidal purposes, we do understand that their livelihoods depend on keeping the arrest rates high. We figure that it’s at least plausible that they don’t want to stop arresting people because they’ll be out of a job if they do. As Albert Einstein¹ used to say, “it is difficult to get a man to understand something, when his salary depends upon his not understanding it!”

First we need a little background on how the HPOA sees the purpose of the BID Patrol. According to executive directrix Kerry Morrison (in an email to our tireless correspondent which was almost certainly written, given its exquisitely lawyeresque quasi-literate lack of concrete content, by Minneapolitan Jeffrey Charles Briggs, the HPOA’s attorney for such matters) “they make citizen arrests with respect to conduct LAPD is empowered to cite but lacks resources or the command decision to do so.” The semantics is clear though the syntax is muddy. The BID Patrol arrests people that the LAPD could arrest but just doesn’t for some reason. The point, of course, is that the BID Patrol gets to be selective about who they arrest, wielding California’s overflowing cornucopia of stupid misdemeanors like a bloody scythe in the fields of Hollywood and thereby, they seem to think, discouraging homeless people from hanging out in the BID. This sentiment was stated even more clearly than Jeff Briggs (or Kerry Morrison, whoever it was) could bring themself to do by an anonymous BID Officer, who once chortled in both his joy² and in range of a video camera that “You don’t challenge the BID officers. The BID officers have the authority to arrest you. What we do is blessed by the staff at Hollywood Division. We’re helping them out.

The HPOA tries to stop the flow of cheap alcohol into Hollywood by asking people nicely not to sell it anymore. Let it flow, say we!

Now, we’re almost to the suggestion, which is based on the at-least-plausible theory that when trying to solve drug consumption problems it’s more effective to attack the supply side rather than the demand side. The BIDs have made some minor moves in this direction, evinced e.g. by an article in their Spring 2014 newsletter in which Kerry Morrison claims that “two owners of area liquor stores … are working with us to minimize sales to our homeless neighbors who suffer from alcohol addiction.” But, vide Canute again, this is never gonna happen. You can’t stop suppliers from fulfilling a demand by asking them nicely. That money’s not going to be left on the table. The BID knows this when it comes to the homeless. They could ask them nicely to leave, but they, reasonably given their goals, don’t bother. Instead they just fucking arrest them. It turns out, and now we’re at the point finally, that they could be doing the same thing to the liquor store owners and employees although, for whatever reasons, they choose not to. Read on for details!
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