Tag Archives: CD11

Venice Beach BID Hearing Roundup: Bonin Jettisons Deference, Implicatively Slams Hollywood, Downtown BIDs: “There’ve Been Good BIDs And There’ve Been Bad BIDs” And Hollywood? And Downtown? Not Good BIDs. Wesson/Englander Totalitarian Style Almost Causes Third Do-Over

November 8, 2016 Mike Leave a comment

A battle-weary Mike Bonin graciously acknowledges his ultimate victory this afternoon at the Venice Beach BID hearing.

Quick summary: Venice Beach BID hearing in August was messed up due to habitual arrogance of City Council. Heroic civil rights lawyer calls bullshit. City Attorney sees potential liability for City and advises a do-over. A bunch of other shenanigans, too many to name-check at this point, ensue. This morning the do-over hearing was held. You can watch it here on YouTube.

So everyone made their comments, and they weren’t all that different from the first time, although Mike Bonin managed not to lose his shit and compare the BID opposition to Trump supporters.¹ But nevertheless, there were a few surprising moments. Recall that the first hearing was invalidated because third-smartest-guy-in-the-room Herb Wesson cut off public comment too early. So this time, Mitch Englander, who is Council president pro tem,² after all the speaker cards had been called, announced to the world at large:³

Mitch Englander on the dais getting whispered advice from a deputy city attorney. What does it say about our City that almost 15% of our Councilmembers are named Mitch? Nothing good, friends, nothing good.

I wanna be extra careful on this one given the problems with the last public hearing. Is there anybody here who filled out a card or tried to speak or [unintelligible] has not been heard yet?

And then the other one, Wesson or Englander, seeing that sanest of habitual gadflies, Eric Preven, indicating that he would like to speak, announced:

Ah, Mr. Preven, you actually spoke to the Council already for your maximum of three minutes per the Council rules.

And Preven said no. And everyone in the room wondered whether they were really going to take the risk of messing everything up for a second time just to prevent Eric Preven from speaking for one more minute after we’d all been there almost an hour already. Well, the Deputy City Attorney told the two prezzes to CTFO, and they folded, for Christ’s sake, and let Eric Preven speak.

But far more interesting than that was Bonin’s victory speech.⁴ In particular, maybe since he was feeling a little conciliatory, he said:
Continue reading Venice Beach BID Hearing Roundup: Bonin Jettisons Deference, Implicatively Slams Hollywood, Downtown BIDs: “There’ve Been Good BIDs And There’ve Been Bad BIDs” And Hollywood? And Downtown? Not Good BIDs. Wesson/Englander Totalitarian Style Almost Causes Third Do-Over →

Historical and Theoretical Perspectives, Venice Beach BID

What To Press For After The Venice Beach BID Is Approved

October 28, 2016 Mike 1 Comment

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 a⁵ 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.⁶ 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.

But one of the City’s newest BIDs, the Central Avenue Historic District BID, suggests an even more promising goal, one which would go a long way toward making something not so bad out of the presently horrifying prospect of the VBBID.
Continue reading What To Press For After The Venice Beach BID Is Approved →

Announcements

New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit

October 28, 2016 Mike Leave a comment

Announcing lots of new documents!

Venice Beach BID Emails:

2016 Emails between CD11 and City Clerk — At Archive.Org
Emails between Tara Devine and City Clerk — At Archive.Org
All these emails in local storage

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?

Encampment proofs of posting and other investigations; at Archive.Org
LAMC 56.11 enforcement procedures and related materials; at Archive.Org
All this material and more in local storage in our new Sanitation subdirectory

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.

And finally, turn the page for the City of LA’s answer to the Save Valley Village vote-fixing lawsuit!
Continue reading New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit →

Municipal Ethics

Administrative Law Judge Samuel Reyes Finds That Jim Parker Violated LAMC 49.5.5(A) As Alleged By City Ethics Commission, Which Is A Good Sign For Our Ongoing Project

October 19, 2016 Mike Leave a comment

You can find a good summary of the background to this post by Jasmyne Cannick on her most excellent blog or by Kate Mather writing in the L.A. Times.

Maybe you remember that former LAPD Sergeant Jim Parker was charged by the City Ethics Commission with violating LAMC 49.5.5(A) based on his release of an audio tape proving that charges of racial profiling by actress Daniele Watts were fabricated. Well, today administrative law judge Samuel Reyes issued a proposed decision in the matter, where “proposed” seems to mean that the Ethics Commission has the power to reject it if they want to. He found Parker not guilty of some of the charges, but, importantly for our purposes, guilty of violating LAMC 49.5.5(A):

Respondent⁷ was in possession of the audiotape by virtue of his position as an LAPD sergeant. Since he released the recording to TMZ in violation of LAMC section 49.5.3, the disclosure constitutes “misuse” under LAMC section 49.5.5, subdivision (A). Respondent released the audiotape to defend himself and LAPD against allegations of racial profiling. The release created a private advantage for Respondent, as it protected his reputation against allegations of racism.

And maybe you recall our LAMC 49.5.5(A) project, in which we are filing complaints against various City employees for what seem to us to be violations of this law, in an effort to, not only get them to stop their bad behavior, but to find ways for citizens to force City employees to do their duty by utilizing already-existing City agencies, laws, and processes rather than having to hire lawyers for everything. This is a good sign for our success, and there’s more detail on this after the break.
Continue reading Administrative Law Judge Samuel Reyes Finds That Jim Parker Violated LAMC 49.5.5(A) As Alleged By City Ethics Commission, Which Is A Good Sign For Our Ongoing Project →

Announcements, Venice

Mike Bonin’s Gift Journals 2013-2015: All The Pretty People They’re All Drinking, Thinking That They’ve Got It Made / Exchanging All Precious Gifts, But You Better Take Your “Basket with Locally Made Pickles, Honey, Kale Chips,” You Better Pawn It Babe

October 15, 2016 Mike Leave a comment

More gifts to Mike Bonin, prominently displayed in his City Hall office on Wednesday, October 12, 2016.

Did you even know that the members of our esteemed City Council all send one another and various other people gifts in the putative holiday season? Well they do, and evidently it’s just another thing that the pretty people do when they’re all drinking, thinking that they got it made.⁸

The City Ethics Commission requires City officials to keep track of these presents, and so, in response to a CPRA request, I received these records from Chad Molnar the other day, despite his claim that fulfilling my more substantial requests would make CD11 constituents suffer. Perhaps he sent these items along because they aren’t likely to make the constituents, who thrive in darkness and secrecy and evidently include outlaw BID proponents Mark Sokol and Carl Lambert, suffer too much, because they have very little content. However, what they do have is fairly amusing. You can get them:

Another purpose of this post is to announce the reorganization of the menu structure, which was getting a little top-heavy. Also, the inauguration of our new CD11 Page, which doesn’t have much on it now, but it will soon, I hope. Turn the page for direct links to the gift journals along with a little bit of relatively restrained mockery.
Continue reading Mike Bonin’s Gift Journals 2013-2015: All The Pretty People They’re All Drinking, Thinking That They’ve Got It Made / Exchanging All Precious Gifts, But You Better Take Your “Basket with Locally Made Pickles, Honey, Kale Chips,” You Better Pawn It Babe →

Municipal Ethics, Venice Beach BID

Chad Molnar’s Explicit Refusal To Comply With The California Public Records Act Provides Raw Material For The Latest Installment In Our LAMC 49.5.5(A) Project

October 14, 2016 Mike 4 Comments

Chad Molnar is Mike Bonin's campaign treasurer and also does odd jobs of some sort around the Council District offices. — Chad Molnar is Mike Bonin’s campaign treasurer and also does odd jobs of some sort around the Council District offices.

A couple of days ago I announced MK.Org’s latest project, which aims to experimentally determine the scope of the extraordinary LAMC 49.5.5(A), which states, rather succinctly, that:

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.

Anyway, today’s episode involves the California Public Records Act and Mike Bonin’s Chief of Staff, Chad Molnar. Since August, I’ve been making CPRA requests of CD11. At first they more or less complied with the law, but after the chaos at the first Council hearing in August and the subsequent humiliation caused by the City’s having to redo the whole BID approval process, they completely stopped complying.

In fact, they not only stopped complying, but when I wrote to them asking them if they were going to comply, Chad Molnar wrote back with one of the most extraordinarily confused responses I’ve ever received to a CPRA status request. He not only agreed that they hadn’t complied, but he said explicitly that they weren’t going to comply, and that he believed that they did not have to comply because to comply would make their constituents suffer, and he didn’t think that the intent of CPRA was to make their constituents suffer. I’m not kidding, that’s what he said. Read it yourself, and turn the page for more of my amateurish legal theories, and another complaint!
Continue reading Chad Molnar’s Explicit Refusal To Comply With The California Public Records Act Provides Raw Material For The Latest Installment In Our LAMC 49.5.5(A) Project →

Municipal Ethics, Venice Beach BID

Why Carl Lambert’s Contributions To The Re-Election Campaigns Of Mike Bonin And Eric Garcetti Were Probably Illegal and Should Be Refunded Immediately

September 3, 2016 Mike Leave a comment

Mike Bonin on August 23, 2016, earning his salary, which should be sufficient.

As I reported the other day, Venice Beach BID proponent and shady illegal hotelier Carl Lambert donated $1400 to Eric Garcetti and $700 to Mike Bonin in 2015. Here is an argument that they ought to give that money back to Lambert immediately.

Not just because it’s the right thing to do. We’re all grownups here, and that’s not so much why things get done. But because it’s probably illegal for them to have accepted the money, or at least for Lambert to have contributed it. To explain why this is the case I have to talk about the campaign finance laws of the City of Los Angeles, which can make anybody’s poor head spin. So forgive me, but perhaps you’ll find it worth the trouble. The whole law is at LAMC Article 9.7, but it’s not necessary to read the whole thing.⁹ The section we are interested in today is LAMC 49.7.35, which covers Bidder Contribution and Fundraising Restrictions. This muni code section¹⁰ implements Section 470 of the City Charter, which covers Limitations on Campaign Contributions in City Elections.¹¹ At Charter Section 470(a) we find this noble statement of the purpose of the whole thing:

The purpose of this section is to encourage a broader participation in the political process and to avoid corruption or the appearance of corruption in city decision making, and protect the integrity of the City’s procurement and contract processes by placing limits on the amount any person may contribute or otherwise cause to be available to candidates for election to the offices of Mayor, City Attorney, Controller and City Council and promote accountability to the public by requiring disclosure of campaign activities and imposing other campaign restrictions.

Now, it is a fundamental principle in the American legal system that actions can only be illegal if there is an explicit statutory statement that they are illegal. Otherwise they’re legal. So while this statement of purpose has some force, mostly as a guide to interpreting the salient laws, it doesn’t in itself make anything illegal. Obviously Carl Lambert’s contributions to Garcetti and Bonin create the appearance of corruption in city decision making, but if that were sufficient to trigger a criminal prosecution then pretty much every donor to every incumbent candidate would have to be locked up.¹² Thus we have to look to the parts of the law that implement this statement of purpose.

The Charter Section that we are interested in here is 470(c)(12)(B), which states in pertinent part¹³ that:

The following persons shall not make a campaign contribution to the Mayor, the City Attorney, the Controller, a City Council member, a candidate for any of those elected City offices, or a City committee controlled by a person who holds or seeks any of those elected City offices … A person who bids on or submits a proposal or other response to a contract solicitation that has an anticipated value of at least $100,000 and requires approval by the elected City office that is held or sought by the person to whom the contribution would be given…

Let’s run through the elements of the law here to see why it’s highly plausible that it forbids Carl Lambert from making contributions to either Eric Garcetti or Mike Bonin:
Continue reading Why Carl Lambert’s Contributions To The Re-Election Campaigns Of Mike Bonin And Eric Garcetti Were Probably Illegal and Should Be Refunded Immediately →

Los Angeles City Government, Public Records Act Pragmatics, Venice Beach BID

Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have A List Of Property Owners Without Contact Information A Fraud Perpetrated On The Public By The City Clerk

September 1, 2016 Mike Leave a comment

Somehow this is all Holly Wolcott's fault. — Somehow this is all Holly Wolcott’s fault.

The list itself is here. The story of the list follows.

Edited to add: The list that Miranda Paster sent me isn’t even the list I asked for, as discussed in the story below. It’s an edited version of the publicly available ballot tabulation sheet. It is unbelievable that these people are so unwilling to release what are obviously public records and that their unwillingness is so clearly in the service of their political agenda. On the other hand, the fact that they so vigorously defend their secrecy makes it seem even more likely that they’re concealing serious and exploitable weaknesses.

Three weeks ago I wrote about how neither the City Clerk nor CD11 was willing to hand over a list of the property owners in the proposed Venice Beach BID with contract information. CD11 told me to ask the Clerk and the Clerk told me to ask Tara Devine and Tara Devine ignored me (and continues to ignore me). The Clerk’s rationale was that they didn’t have anything to do with mailing out the petitions, so that the Public Records Act didn’t apply to the mailing list.

Now, if you’re not familiar with the act, you may not be aware that (at section 6252(e)) public records are defined fairly expansively to be any “writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency.” So I made the argument to the Clerk’s office that since they were orchestrating the process, the mailing list was being used by them even if they didn’t own it or retain it themselves. No dice on that, though.

So imagine my pleasure and surprise to discover on August 14 that, upon perusing Government Code section 53753 for the zillionth time (this is the same law used to such marvelous effect ten days later by the incomparable Shayla Myers of LAFLA to derail the whole BID process) that the freaking City Clerk’s office is required to notice the property owners by mail:
Continue reading Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have ~~A List Of Property Owners Without Contact Information~~ A Fraud Perpetrated On The Public By The City Clerk →

Business Improvement Districts

Crime Does Pay At City Hall: Anti-RV Resolution Introduced In Council This Morning At Behest of Media District BID Director Lisa Schechter, Acting in Apparent Violation of Her Post-Employment Lobbying Ban

August 30, 2016 Mike Leave a comment

RVs on Lillian Way between Santa Monica Blvd and Melrose Avenue

This morning, CD13 Councilmember Mitch O’Farrell introduced a resolution seeking to impose restrictions on parking oversized vehicles in a semi-industrialized sliver of the Hollywood Media District BID located roughly between Cole Avenue and Vine Street west to east and Santa Monica Boulevard and Melrose Avenue north to south. There is a never-ending flow of these seemingly innocuous items in the agendas of our esteemed Council, but I just happen to know an awful lot about the backstory to this one, which is anything but innocuous, actually, and is the subject of today’s post.

The Media District BID is particularly attractive to people living in RVs because it’s industrialized, so no night-time neighbors to annoy, and it’s close to the center of Hollywood. Especially on Lillian Way and its cross streets, Romaine, Willoughby, and Waring, there has been a thriving but quiet community of RV-dwellers for years on end. But the Media District BID hates it. They just can’t deal with it. For instance, see this email chain from March 2015 where Hollywood cop Julie Nony discusses how to get rid of them with erstwhile Media District BID director Steven Whiddon and a bunch of overprivileged proprietors who don’t understand the concept of public space. But, probably not surprisingly, Steven Whiddon was unable to orchestrate any lasting action.

So enter Lisa Schechter, employed by erstwhile CD4 rep Tom LaBonge until June 30, 2015. Sometime between then and October 2015 she was hired by the Media District to replace the departed but unlamented Whiddon. Very soon after that, in fact on November 5, 2015, Schechter and current Media District Board President Laurie Goldman met with O’Farrell’s Hollywood Field Deputy, Daniel Halden. Dan was kind enough to supply me with a copy of his notes from that meeting, wherein (on the second page) one can read the portentous words: “Oversized vehicles Resolution — MAP.” There’s no question that this meeting between Halden, Goldman, and Schechter, is the genesis of the resolution introduced this morning by Mitch O’Farrell.
Continue reading →

Announcements, Venice Beach BID

Now Available: Miranda Paster’s Weekly Reports to Holly Wolcott on the Activities of the Neighborhood And Business Improvement District Section of the City Clerk’s Office

August 28, 2016 Mike Leave a comment

I’m pleased to announce the availability of 30 months of weekly reports from Miranda Paster in her capacity as head of the Neighborhood & Business Improvement District Section of the Los Angeles City Clerk to City Clerk Holly Wolcott. These are available through this page in the menu structure or directly from here. Finally, they are available at Archive.Org. They are full of fascinating information.

In particular, they show that as early as the week of September 30, 2014 the Clerk’s staff was meeting with Venice Beach BID Proponents. The Clerk’s staff also met with VBBID proponents on August 17, 2015 If you look at the weeks surrounding that date you’ll see that they were meeting with Tara Devine on a weekly basis even that early, not to mention the fact that they met with CD11 staff on January 13, 2015 about the BID and Mike Bonin himself in February of 2015. I’ve requested records relating to that meeting from everyone in sight, but don’t have super high hopes anything more will turn up. This rounds out the story of this set of handwritten notes by someone at CD11 of that very meeting. And there is a lot more stuff in these reports, some of it quite shocking.
Continue reading Now Available: Miranda Paster’s Weekly Reports to Holly Wolcott on the Activities of the Neighborhood And Business Improvement District Section of the City Clerk’s Office →