Tag Archives: CD1

Last Week The Los Angeles Sunshine Coalition Filed Yet Another Public Records Suit Vs The City Of Los Angeles — This One Relating To Emails About Gentrification And Real Estate In CD1 — But Gil Sadill Is Not Worse Than His Fourteen Unindicted Co-Conspirators — Who Also Won’t Follow The Freaking Law — So While These Lawsuits Are Effective In A Limited Scope The Overall Problem — That The City Of Los Angeles Repeatedly And Intentionally Violates The Public Records Act — Can’t Be Solved This Way — Because Neither The City Nor Its Staffers Suffer Consequences For Their Violations

The City of Los Angeles is generally very, very, very bad at complying with the California Public Records Act. There are no consequences that matter to them for violating it so they violate it wantonly. Only lawsuits will get them to comply, and only in that specific instance. So we were glad to hear that our friends at the Los Angeles Sunshine Coalition filed yet another petition against the City of Los Angeles to enforce compliance.

The issue is a bunch of requests for emails from CD1. For a couple years Gil Cedillo’s office, mostly in the person of long-time crony Mel Ilomin, was incredibly compliant with the CPRA, just super-helpful. But then, on a number distinct occasions, we here at the blog exposed Cedillo’s machinations to the light of public scrutiny, which may have contributed to Ilomin’s sudden refusal, beginning in 2019, to comply with the law.

In any case, for whatever reason, he stopped complying, and of course a suit is our only recourse. This, by the way, is the second time that Cedillo’s office has induced a CPRA suit via idiotic noncompliance. So take a look at the petition, stay tuned for details, and read on for a short list of dirt we’ve gotten on Cedillo via the CPRA!
Continue reading Last Week The Los Angeles Sunshine Coalition Filed Yet Another Public Records Suit Vs The City Of Los Angeles — This One Relating To Emails About Gentrification And Real Estate In CD1 — But Gil Sadill Is Not Worse Than His Fourteen Unindicted Co-Conspirators — Who Also Won’t Follow The Freaking Law — So While These Lawsuits Are Effective In A Limited Scope The Overall Problem — That The City Of Los Angeles Repeatedly And Intentionally Violates The Public Records Act — Can’t Be Solved This Way — Because Neither The City Nor Its Staffers Suffer Consequences For Their Violations

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A Couple Of Newly Obtained Emails Reveal Hitherto Unknown Clues About The LA City Council’s Famously Habitual Brown Act Violations — All Fifteen Council District Chiefs Of Staff Held An Impromptu And Illegal Serial Meeting In March 2020 — The Statute Of Limitations Has Run But It’s Clearly A Violation And Clearly Neither The First Nor The Last Time This Has Happened — And Another Email — This From CD5 Enviro-Dude Andy Shrader To His Boss Koretz — Suggests That The Chiefs Aren’t The Only Staffers Doing This — He Mentions A “Daily Staff Meeting” That Includes Republicans Who Might Spill Beans To Other Councilmembers — Sounds Like Another Brown Act Violation To Me!

The Brown Act famously forbids the Los Angeles City Council and its committees from meeting in secret1 to conduct its public business. The prohibition is found at §54952.2(b)(1), which states categorically that:

A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.

But anyone who pays even a little attention to meetings of the Los Angeles City Council or its committees can see that there’s some kind of collusion going on behind the scenes. There are too many unanimous votes, too many obviously scripted comments by Councilmembers responding to scripted comments by other Councilmembers when there’s no legal way for them to have known what their colleagues were planning to say, and just too much foreknowledge of the course of legislation.

It’s really unlikely that the Councilmembers themselves make all the arrangements. Almost surely the collusion is done by their staff. This doesn’t make it any less against the law. It’s exactly the scenario contemplated in the phrase “directly or through intermediaries.” So for instance, if 15 staff members, one from each Council district, got together to discuss pending motions, votes, or anything else within the subject matter jurisdiction of the City Council and then relayed information from the discussion to their bosses it’s a violation.2

One of my very long term projects is finding proof that the City Council does in fact engage in these illegal meetings and also to understand the means by which they do it. It’s slow going, though, and not just because of the City’s general unwillingness to comply with the Public Records Act. What I’m looking for is evidence of habitual and chronic outlawry, so the City has even more pressing reasons to withhold the records.3 But from time to time I come across something interesting and suggestive, and today I actually have two!
Continue reading A Couple Of Newly Obtained Emails Reveal Hitherto Unknown Clues About The LA City Council’s Famously Habitual Brown Act Violations — All Fifteen Council District Chiefs Of Staff Held An Impromptu And Illegal Serial Meeting In March 2020 — The Statute Of Limitations Has Run But It’s Clearly A Violation And Clearly Neither The First Nor The Last Time This Has Happened — And Another Email — This From CD5 Enviro-Dude Andy Shrader To His Boss Koretz — Suggests That The Chiefs Aren’t The Only Staffers Doing This — He Mentions A “Daily Staff Meeting” That Includes Republicans Who Might Spill Beans To Other Councilmembers — Sounds Like Another Brown Act Violation To Me!

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My Letter To The Los Angeles City Council Opposing The Renewal Of The Chinatown Business Improvement District — The Hearing Is In Eleven Days — On September 29, 2020 — Still Time To Get Your Comments In!

If you follow business improvement districts in Los Angeles you’ll already know that the Chinatown BID, run by the strange, violent, and unhinged George Yu, is one of the City’s worst. The BID is up for renewal this year, and the hearing is to be held on September 29, 2020. Such hearings are not regulated by the Brown Act, by the way, but by another code section entirely, which allows for unlimited public comment.

BIDs are established by a balloting process, but the City Council is not required to establish a BID even if balloting is successful. BID renewal has been mostly pro forma in Los Angeles, with the notable exception of the Venice Beach BID in 2016. Yu’s BID has less support than any BID in recent memory, and may in fact be vulnerable to City Council denial or extreme modification. Therefore I think public comment is essential. The renewal is in Council File 12-0489, and you can drop a comment there using the icon that says “NEW”.

And this morning I sent my own letter of opposition for the file to Gil Cedillo. Here’s a copy of my letter, mostly about Yu’s financially irresponsible defiance of the California Public Records Act and the harm it’s done to the civic life of our City. I also touch on Yu’s sadistic sense of humor regarding the electrocution of homeless residents of Chinatown. Read on for a transcription if you don’t prefer PDFs.
Continue reading My Letter To The Los Angeles City Council Opposing The Renewal Of The Chinatown Business Improvement District — The Hearing Is In Eleven Days — On September 29, 2020 — Still Time To Get Your Comments In!

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Chinatown BID Renewal Hearing Scheduled For September 29 At 10 AM — BID Renewal Hearings Are Regulated By Government Code §53753 Rather Than The Brown Act — The Main Difference Is That The City Is Not Allowed To Limit The Time For Public Comment At Such Hearings — The Law Explicitly Mandates That All Objections Must Be Heard — The City Ignored This In 2016 — And Thereby Messed Up The Venice Beach BID Establishment — It Is Also Essential For Anti-BID Property Owners To Return Ballots Opposing The BID — Because Of Quirks In The Law Unreturned Ballots Essentially Count As Yes Votes



For a little while it looked like George Yu had messed up the Chinatown BID renewal process and that there would be no BID for 2021. But Yu and Gil Cedillo, acting through his flunky Hugo Ortiz, maneuvering behind the scenes and off the record, managed to get the process back on track somehow and ballots have been issued announcing a hearing on September 29, 2020 to solemnize the renewal and allow the BID to continue operations in 2021.1

There are two essential things for activists to understand about this part of the process. First, anti-BID property owners MUST vote no and return their ballots. The BID will be established unless received votes against outweigh received votes in favor. Unreturned ballots essentially count as yes votes.2

The second thing is that BID renewal hearings are not regulated by the Brown Act. Instead they’re covered by Government Code §53753 The main difference is that, as Los Angeles activists know all too well, the Brown Act allows City Council to limit the total time for public comment but §53753(d) specifically forbids such a limitation:

At the time, date, and place stated in the notice mailed pursuant to subdivision (b), the agency shall conduct a public hearing upon the proposed assessment. At the public hearing, the agency shall consider all objections or protests, if any, to the proposed assessment. At the public hearing, any person shall be permitted to present written or oral testimony. The public hearing may be continued from time to time.

The City messed this up in 2016 when the Venice BID was being established. Herb Wesson, then president of the Council, cut off public comment and thus didn’t allow everyone to talk, as if it were an ordinary Brown Act hearing. The incomparable Shayla Myers of LAFLA wrote a demand letter to the City explaining the problem, and the City repealed the ordinance establishing the Venice BID and had to redo the entire process.

In any case, on September 29, when the Council is hearing objections or protests to the renewal of the Chinatown BID, they will have to hear all of them, every last one. Everybody gets to convey their feelings about the BID and about why it is a terrible idea to keep funding and empowering George Yu. And if there’s not time for everyone to talk on September 29, well, as the law says, “[t]he public hearing may be continued from time to time.” Here are a few things that might be worth mentioning, but there is so much more:
Continue reading Chinatown BID Renewal Hearing Scheduled For September 29 At 10 AM — BID Renewal Hearings Are Regulated By Government Code §53753 Rather Than The Brown Act — The Main Difference Is That The City Is Not Allowed To Limit The Time For Public Comment At Such Hearings — The Law Explicitly Mandates That All Objections Must Be Heard — The City Ignored This In 2016 — And Thereby Messed Up The Venice Beach BID Establishment — It Is Also Essential For Anti-BID Property Owners To Return Ballots Opposing The BID — Because Of Quirks In The Law Unreturned Ballots Essentially Count As Yes Votes

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A Brief Discussion Of How Homeless Encampment Sweeps Are Scheduled In The City Of Los Angeles — Or At Least Part Of The Process — The Whole Thing Is Driven By Housedweller Complaints — Filtered Through Council Districts As Political Patronage — LAHSA Involvement — Every Kind Of Outreach — Is Basically A Cover For Relocation — The Only Actual Goal

A couple days ago it came out on Twitter that a lot of people in Los Angeles don’t understand how homeless encampment sweeps get scheduled and why, in particular how encampments to be swept are chosen. I promised to write a post about it, and here we are!1 Part of the reason for the delay is that the story is really complex, so I’m just going to talk qualitatively about how encampments end up being targeted by Council Districts and leave the rest for another post or two.2 For instance, the City has two kinds of sweep teams, which are CARE and CARE+, but I’m not going to talk about the differences,3 which are probably important, but not for this post.

Each Council Office has a staffer whose job is to work out their District’s sweep schedule with LA Sanitation. I think that ordinarily every request for a sweep in a given District goes through this San contact.4 The scheduling is done by email as well as by editing Google Docs, and the emails occasionally reveal the reason a given encampment is being targeted. Here are the sets of records this post is mostly5 based on. If you’re interested in the subject it’s really worth looking at these. There’s a lot more information there than I’m using here:

Some 2020 Emails Between CDs and LA San

Housedweller Complaints to Juan Fregoso About Echo Park Encampments — From 2019 and 2020

CD15 Emails With LA Sanitation — January through May 2020
Continue reading A Brief Discussion Of How Homeless Encampment Sweeps Are Scheduled In The City Of Los Angeles — Or At Least Part Of The Process — The Whole Thing Is Driven By Housedweller Complaints — Filtered Through Council Districts As Political Patronage — LAHSA Involvement — Every Kind Of Outreach — Is Basically A Cover For Relocation — The Only Actual Goal

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Here’s Actual Proof That Los Angeles City Clerk Holly Wolcott Is Refusing To Sign BID Establishment Petitions For LA City Property Until Half The Other Property Owners In The Proposed District Have Signed — This Is Not Exactly A Policy But Her “Preference” — According To Clerk Staff Anyway — Also See The Extraordinary Petulance Of Gil Cedillo’s Weirdo Flunky Jose Rodriguez When He Learns About It — And Turns Around And Covertly Threatens Clerk Staffer Rick Scott For Bearing The Bad News

This is a quick update on a technical but highly consequential issue regarding City of Los Angeles property included in business improvement districts. The state law is very clear that BID assessments apply equally to public property, which means that the City of LA gets to vote on BID formation and renewal. Furthermore, in 1996, when the modern era of California BIDs began, the City Council told the City Clerk to always vote yes unless specifically directed otherwise.

Which of course led BID proponents to include as much City property as possible within their boundaries since it made establishment very significantly easier given the guaranteed favorable votes from the City. This strategy reached a hitherto unseen level of absurdity in 2016 with the Venice Beach BID establishment process, in which City property constituted 25.05% of the assessed value and the non-City property owners who signed pro-BID petitions for only 27.26%. The BID would never have been established without the automatic yes from the City.

This already absurd outcome was surpassed in 2017 with the renewal of the San Pedro Historic Waterfront BID. The proponents in that case included huge tracts of essentially empty parcels belonging to the Port of Los Angeles. They brought the City’s proportion of assessed value to 37.24%, which left only 26.04% non-City property owners in favor of the BID. The case of the San Pedro BID seems not to have been widely noticed at the time, but of course the outcry over the Venice Beach BID was monumental, and the City’s role in ensuring its existence was discussed at great length.

It hadn’t been clear exactly what was going on, but something regarding the voting of City property changed over at the City Clerk’s office after the San Pedro BID fiasco. I first heard about it in 2018 in relation to the Byzantine Latino Quarter BID when Donald Duckworth, BIDdological freak show specimen and BID establishment consultant, told his clients that the City of Los Angeles would no longer vote its petitions in favor of formation until 50% of the private property owners had already voted in favor.

As we’ve seen above, this would be a major change. If this policy had been in place in 2016 neither the Venice Beach BID nor the San Pedro Historic Waterfront BID would exist. But Duckworth is a liar and a fabulist and exceedingly unreliable, so while his testimony did in fact convince me that something was happening, it’s not really safe to assume that he’s telling his clients the full story or even accurately relating part of it.
Continue reading Here’s Actual Proof That Los Angeles City Clerk Holly Wolcott Is Refusing To Sign BID Establishment Petitions For LA City Property Until Half The Other Property Owners In The Proposed District Have Signed — This Is Not Exactly A Policy But Her “Preference” — According To Clerk Staff Anyway — Also See The Extraordinary Petulance Of Gil Cedillo’s Weirdo Flunky Jose Rodriguez When He Learns About It — And Turns Around And Covertly Threatens Clerk Staffer Rick Scott For Bearing The Bad News

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Yesterday The Los Angeles City Council Eviscerated A Reasonably Good Eviction Moratorium Motion — On The Insistence Of Paul Krekorian And Herb Wesson — Who Kept Talking Up The Needs Of The So-Called Mom And Pop Landlords — Who In Everyone’s Fantasies About Capitalism On A Human Scale Are Not Insatiable Villainous Psychopaths Like Non Mom And Pop Landlords Are — And Somehow Neither Krekorian Nor Wesson Thought It Was Worth Mentioning That They Themselves Are Mom And Pop Landlords — As Is Paul Koretz — And Nury Martinez — And Curren Price — And Jose Huizar — And Mike Bonin’s Husband — Although Bonin Voted Against Krekorian’s Eviscerating Motion — So At Least There’s That

Yesterday the Los Angeles City Council considered and passed1 a long list of motions intended to alleviate some of the devastating effects of the coronavirus pandemic on our City. One of the most essential of these was CD11 rep Mike Bonin’s motion to stop evictions and ban late rent fees until the end of the emergency declaration and then give renters 24 months to pay missed rent.

The meeting itself was interminable and the public is excluded from City Hall and had to sit out on the front patio under a tent. But fortunately a number of extremely hard-working reporters were on the case, and it’s due to the incomparable Sahra Sulaiman‘s live-tweeting of this episode that I’m able to tell the story I’m telling here.

Sulaiman reported that Paul Krekorian, our second fashiest councilmember, was all about 24 months to repay being far, far too long:

Can’t tell who (Krekorian?) suggests that we are shifting loss bc if we give tenants too much time to pay back, the grace pd may extend beyond their lease and therefore end up being uncollectable. And that we need to consider more options, like applying security deposit to rent.

Krekorian went on to say that:

He acknowledges some folks will never be able to pay it back and that some landlords can absorb that, but others cannot, and that may have other negative consequences.

Got it? Paul Krekorian acknowledges that some landlords can absorb the loss from tenants not paying back rent while other landlords cannot absorb the loss. This is his reason for wanting to cut the repayment period down from 24 months to 6 months.

Hey, did you know that California state law requires public officials like Paul Krekorian to file annual disclosures of their financial interests? Well, it does. They’re called “Form 700s” and here’s Paul Krekorian’s from 2018. And as expected, rental income is income and thus counts as a financial interest to be listed on the form.
Continue reading Yesterday The Los Angeles City Council Eviscerated A Reasonably Good Eviction Moratorium Motion — On The Insistence Of Paul Krekorian And Herb Wesson — Who Kept Talking Up The Needs Of The So-Called Mom And Pop Landlords — Who In Everyone’s Fantasies About Capitalism On A Human Scale Are Not Insatiable Villainous Psychopaths Like Non Mom And Pop Landlords Are — And Somehow Neither Krekorian Nor Wesson Thought It Was Worth Mentioning That They Themselves Are Mom And Pop Landlords — As Is Paul Koretz — And Nury Martinez — And Curren Price — And Jose Huizar — And Mike Bonin’s Husband — Although Bonin Voted Against Krekorian’s Eviscerating Motion — So At Least There’s That

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Ever Wonder How One Of These Super-Sized Construction Projects Downtown Gets Built? — Here Is An Unprecedented Look Into How City Councilmembers And Developers Work As Partners To Subvert And Sideline Civil Service Staff And Basically Give Away Piece After Irreplaceable Piece Of Our City To Further Their Own Interests — Laid Out Step By Covert And Appalling Step — In The Case — Still Ongoing — Of 1330 W. Pico In CD1 — From Gil Cedillo’s First Meeting In August 2017 With Zillionaire Eri Kroh Of Sandstone Properties — Through Three Distinct Motions — Every Last One Of Which Signed By Cedillo But Written By A Lobbyist — And Sheparded Through City Staff — And Council Committees — And Council — By Cedillo’s Planning Director Gerald Gubatan — Who Insulted And Belittled Any Civil Service Staff Who Dared To Question Any Aspect Of The Project — Through CD1 Assistant Chief Of Staff Tony Ricasa’s Apparent Derailment Of Matt Szabo’s Plan To Use The Building For Homeless Housing — And Much Much More — Including Links To Hundreds Of Emails — And Draft Motions — And So On

Here in Los Angeles we read a lot of news about real estate development, real estate being the sun about which every local planet orbits. And this reporting mostly tells the truth, and probably nothing but the truth, but for the most part never the whole truth. Just for instance, consider the property at 1330 W. Pico Blvd. This parcel has been in the news since October 2017, when real estate developer Sandstone Properties bought it for $42 million, planning to build yet another hotel. Here’s The Real Deal’s story on the purchase.

The next reported-on milestone was in June 2018 when Gil Cedillo, in whose Council District the property is, introduced a rezoning motion allowing a hotel to be built at the address. Here’s The Real Deal’s story on that, and at this point Urbanize.LA1 initiated coverage with this equally superficial story. A few months later Cedillo moved to give the hotel hefty tax incentives,2 which was covered in the Downtown News as well as the two previous rags. And that’s the whole story, according to the local media.

The reporting rightly focuses on the motions themselves, although, interestingly, not all the motions.3 After all, without the motions, the rezonings, the tax incentives, and so on, the projects couldn’t get built. What all of these stories about this Sandstone project lack, though, what most such stories about all such projects are missing, is any sense of where the motions come from, how Council offices and developers collaborate to obtain the myriad permissions required for something like this proposed hotel to get built.4

And that story is amazing, really unexpectedly appalling.5 It’s revealed in astonishing detail by a massive set of emails I recently received from CD1, spanning more than two and a half years of discussions between lobbyists from at least three distinct firms6 repping Eri Kroh and Sandstone, CD1 planning director Gerald Gubatan, and various City of LA staffers in City Planning and elsewhere beginning in August 2017 and continuing to this day.

The lobbyists actually write and revise the motions that Cedillo introduces to further their cause.7 Gubatan works closely with the lobbyists basically in opposition to City civil service staff’s attempts to enforce the City’s laws and rules, and is outright contemptuous of their abilities.8 Cedillo himself stays distant from the process, but in no way detached. He met with the project’s zillionaire developer Eri Kroh and lobbyist Lali DeAztlan in August 2017, two months before the purchase was final. Presumably this is when Cedillo greenlighted the project.

In a post-meeting email to Gerald Gubatan DeAztlan shared her pleasure with the result: ” I think it went well, the Councilmember and the Owner Eri seem to speak the same language, and that gets us off to a great start.” After that Cedillo seems to have been briefed only once9 and otherwise didn’t have to do anything else once he’d set things moving except, of course, to sign the motions.10 The story is complicated and best understood by reading through the records themselves,11 but read on for a moderately detailed outline with link after link after link to the primary sources.
Continue reading Ever Wonder How One Of These Super-Sized Construction Projects Downtown Gets Built? — Here Is An Unprecedented Look Into How City Councilmembers And Developers Work As Partners To Subvert And Sideline Civil Service Staff And Basically Give Away Piece After Irreplaceable Piece Of Our City To Further Their Own Interests — Laid Out Step By Covert And Appalling Step — In The Case — Still Ongoing — Of 1330 W. Pico In CD1 — From Gil Cedillo’s First Meeting In August 2017 With Zillionaire Eri Kroh Of Sandstone Properties — Through Three Distinct Motions — Every Last One Of Which Signed By Cedillo But Written By A Lobbyist — And Sheparded Through City Staff — And Council Committees — And Council — By Cedillo’s Planning Director Gerald Gubatan — Who Insulted And Belittled Any Civil Service Staff Who Dared To Question Any Aspect Of The Project — Through CD1 Assistant Chief Of Staff Tony Ricasa’s Apparent Derailment Of Matt Szabo’s Plan To Use The Building For Homeless Housing — And Much Much More — Including Links To Hundreds Of Emails — And Draft Motions — And So On

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George Yu Fails To Appear At His Last And Final Contempt Hearing — Judge Mitchell Beckloff Orders Yu Seized — And Detained — And Chained — And Hauled Bodily Into Court — To Explain In Person Why He Has Been Ignoring The Judge’s Order To Hand Over The Damn Records — And Also He’s Ordered To Pay Our Lawyers An Additional $21K In Legal Fees — Looks To Me Like Now He’s Pushed His Luck Too Far — I Am Guessing That Gil Cedillo Will Have To Withdraw His Support At Some Point — Beginning To Look Very Much Like Yu’s Days Are Numbered


UPDATE: Today, February 7, 2020 Judge Beckloff changed his mind about the bench warrant for technical reasons that I don’t understand. Not sure what’s going to happen next and even though it remains quite likely that George Yu will be hauled off in chains in the near future, it won’t be because of the warrant that was issued on Wednesday. Here’s a copy of today’s order.

In 2018 Katherine McNenny and I sued the Chinatown Business Improvement District over their failure to comply with the California Public Records Act. And for the last 18 months neither BID director George Yu nor anyone else from the BID has appeared in court at all. In due course they lost, Judge Mitchell Beckloff issued an order to them to hand over the records, and they ignored that as well. Late last year we moved to have Yu held in contempt for his failure to obey the order, and the judge issued an order for Yu’s arrest and suspended it pending a hearing at which he ordered Yu to appear in person and explain why he shouldn’t be held in contempt.

That hearing was held this morning. Perhaps predictably, Yu didn’t show up today either, and the judge released the arrest warrant.1 Apparently this isn’t the kind of warrant where the cops go out and hunt down the offender, but if he’s pulled over or a cop has some other reason to enter his name into a computer, this will come up and he’ll be arrested and hauled before the judge. The Chinatown BID is in CD1, Gil Cedillo’s little kingdom, and as do all BIDdies with their Councilmembers, Yu has hitherto enjoyed Cedillo’s unconditional love. But having the guy arrested and hauled by force before a judge to explain why he refuses to obey the law may, just may, not saying for sure, erode that affection, that tolerance, just a bit. We can hope!
Continue reading George Yu Fails To Appear At His Last And Final Contempt Hearing — Judge Mitchell Beckloff Orders Yu Seized — And Detained — And Chained — And Hauled Bodily Into Court — To Explain In Person Why He Has Been Ignoring The Judge’s Order To Hand Over The Damn Records — And Also He’s Ordered To Pay Our Lawyers An Additional $21K In Legal Fees — Looks To Me Like Now He’s Pushed His Luck Too Far — I Am Guessing That Gil Cedillo Will Have To Withdraw His Support At Some Point — Beginning To Look Very Much Like Yu’s Days Are Numbered

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Zillionaire Beverly Hills Developers Fig Crossing LLC Pledge Informally Not To Destroy Highland Park’s Beloved Tenochtitlan Mural — They Sent A Letter Apparently To The Historic HLP Neighborhood Council To This Effect — NC President Stephanie Maynetto-Jackson Seems To Have Shared This Letter With Some Folks But Refused To Share It With Others — Which If True Is An Outright Violation Of The California Public Records Act — We Have A Copy Of The Letter Though Because Gil Cedillo Got His Hands On It At Some Point — And Whatever His Other Flaws At Least His Staff Was Ultra-Compliant With The CPRA In This Particular Case

Tenochtitlan, The Wall That Speaks is one of the many murals in Highland Park threatened by gentrification. And HLP heroine Brenda Perez of Restorative Justice for the Arts organized a blessing ceremony, which took place last Sunday,1 to call attention to the peril into which the mural was tossed by Fig Crossing LLC’s recent purchase of the building.

The attention must have rattled the zillionaire Beverly Hills developers because the Thursday before the ceremony2 they had sent Historic Highland Park Neighborhood Council President Stephanie Maynetto-Jackson a letter stating that they did not intend to destroy the mural after all.

Apparently Maynetto-Jackson shared this letter with at least one member of the public because it popped up here and there on social media and eventually made its way via the world’s oldest field deputy and famous CD1 attack toad Bill Cody to Gil Cedillo’s Instagram.

And as word spread, well, other people wanted to take a look at this letter as well. So it came to pass that Perez asked Maynetto-Jackson for a copy but Maynetto-Jackson told her sorry, no, it’s confidential, you can’t see it.

Now, it’s a common misconception about the California Public Records Act that there’s some kind of formal process required to make a request for records. This is totally wrong. All that’s required is that a member of the public ask someone who has control over the records to let them take a look at them.

That’s a request under the law and the public official is required to respond accordingly. In particular, according to §6255(a), if they’re not going to give access to the record they must cite an actual exemption from the CPRA that authorizes them to withhold it. And as you may have guessed, “confidential” is not one of these.3

So yeah, it sure looks like Stephanie Maynetto-Jackson broke the law by refusing to hand over the letter. And meanwhile, it’s nice to have an informal non-binding promise from the zillionaire developers not to mess up the mural, but an actual contract, something with some teeth, is necessary. Let’s see what develops, shall we?


Image of Stephanie Maynetto-Jackson is ©2020 MichaelKohlhaas.Org and then of course there’s one in every crowd.

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