Tag Archives: Central City East Association

Shadowy BID Consultant Tara Devine Slithers Out From Her Habitual Under-The-Rock Lair And Spews Toxic Lies About Venice Beach BID Before Los Angeles City Council

Shadowy BID Consultant Tara Devine seeping toxic waste from every pore at the August 23, 2016 meeting of the Los Angeles City Council.
Shadowy BID Consultant Tara Devine seeping toxic waste from every pore at the August 23, 2016 meeting of the Los Angeles City Council.
Shadowy BID consultant Tara Devine, of shadowy BID consultantcy Devine Associates, slithered up out of the depths in which she habitually dwells to make a rare public appearance before the Los Angeles City Council on August 23, 2016, pleading for the Councilmembers to give life to the stitched-up-out-of-corpse-parts monster known as the Venice Beach BID which she’s been nurturing in her subterranean lair for many months now.

Even though the victory of her cause was a foregone conclusion, the dramaturgical conventions of the ritual ceremony that’s habitually performed in the John Ferraro Council Chambers in place of genuine democratic debate require that she pretend to be making reasoned arguments. She could as easily have recited the alphabet, assuming she is able to recite the alphabet, without affecting the success of her cause, but instead she chose to make checkable statements, all of which, as it happens, were lies. You can watch her whole little song-and-dance here and, as always, there’s a complete transcription after the break.
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Los Angeles BIDs To Be Audited by the City Every Three Years According to City Clerk’s April 2016 RFQ, Published At Direction of Council. Also City to Spend $250,000 Promoting BIDs and Training BID People.

Holly Wolcott, Clerk of the City of Los Angeles
Holly Wolcott, Clerk of the City of Los Angeles
One of the advantages that zillionaires have over humans with respect to City politics is that they can hire innumerable minions to keep up with the firehose of crap spewed forth by City Hall, certainly in an effort to keep the minion-deprived majority too busy to address everything. Which is my half-serious, half-silly1 excuse for only having noticed this evening the two matters addressed in this post.

First we have Council File 14-0903, in which Holly Wolcott asked for and received an “amount not to exceed $100,000 …for a period of two years with two one-year extensions to assist with the creation and implementation and coordination of a Public Information Campaign” having to do with how fricking great BIDs are for the City of L.A. Additionally they’re getting “an amount not to exceed $150,000 … for a period of two years with two one-year extensions to assist with the creation and implementation of a capacity building and leadership training series relative to business improvement districts and create public/private partnerships with other nonprofit organizations..” None of this seems like very much money given (a) the amount of truth they’re going to have to overcome in order to achieve the first goal and (b) the amount of sheer incompetence and bloody-mindedness to achieve the second. Brace yourself for the incoming propaganda!

Second, and much more interesting, we have this Request for Qualifications, issued by the Clerk in April 2016 asking for people to submit proposals to audit BIDs. There must be a council file associated with this item, but I can’t locate it. Here’s some background. First of all, the standard contract that BIDs sign with the City allows the City to audit BIDs at will.2 This is rarely done. In fact, as far as I can tell, it has only happened twice, both times in 2005, when then-Controller Laura Chick audited both the Central City East Association and also the Westwood Village BID. The details of those audits are worth reading, although I’m not going to write about them tonight.3 However, Controller Chick made some observations then that are still relevant today:
Continue reading Los Angeles BIDs To Be Audited by the City Every Three Years According to City Clerk’s April 2016 RFQ, Published At Direction of Council. Also City to Spend $250,000 Promoting BIDs and Training BID People.

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Further Speculation on Why BID Patrols Aren’t Registered with the Los Angeles Police Commission

This is not a police officer, it's unregistered-with-the-police-commission BID Patrol officer M. Gomez (Badge #148) looking a lot like a police officer.
This is not a police officer, it’s unregistered-with-the-police-commission BID Patrol officer M. Gomez (Badge #148) looking a lot like a police officer.
Recently I discovered that BID security contractors weren’t registered with the LA Police Commission and that no one seemed to know why. Further investigation suggested that perhaps registration had just fallen through the cracks. Well, after rereading the material from the Council file and requesting and receiving the Police Commission minutes from April 25, 2000, I noticed that there was at least one possibly significant difference in the April 25, 2000 version of LAMC 52.34 that the Commission sent over to the Council on April 27 as compared to the version that the City Attorney sent to the Council on March 31 and that it’s possible to make some kind of a case that this difference answers the BID security question. It’s not a likely case, though. Read on for details on both the potential argument and some potential objections to it.
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Newly Obtained Documents Suggest A Tentative Hypothesis on Why BID Patrols Aren’t Registered with the Los Angeles Police Commission and Why They Ought to Be

Joseph Gunn, executive director of the Los Angeles Police Commission in 1999.
Joseph Gunn, executive director of the Los Angeles Police Commission in 1999.
In the City of Los Angeles, private security patrols that operate on the public streets or sidewalks are required by LAMC 52.34 to register with the Police Commission and to satisfy a number of other requirements. I discovered a couple weeks ago that no BID Patrols are registered (and they routinely violate a number of the other requirements). In that same post I traced the issue back to Council File 99-0355. Part of the approved motion that initiated that file was this:

FURTHER MOVE that the City Ccl request the Police Commission to cease their enforcement against the City’s Downtown Center BID and its private patrol service, and any other BIDs until this matter has been reviewed by the City Ccl.

This at least seems to explain a temporary pause in enforcement, although not a policy-based reason never to enforce the registration requirement and the other regulations.

Furthermore, even a trip to the City Archives to copy the whole file left me lacking a definitive answer to the question of why no BID security provider was registered with the Police Commission. Also, I reported last week that no one in the City, either at the Police Commission or elsewhere, seemed to have a firm idea about why this was.

100 W. First Street.  And isn't this a lovely visual metaphor for the City government of Los Angeles?
100 W. First Street. And isn’t this a lovely visual metaphor for the City government of Los Angeles?
Well, last week the incredibly helpful Richard Tefank pulled a bunch of old Police Commission minutes out of storage for me and last Thursday I went over to 100 W. First Street to take a look at them. Most of the material was also in the Council file, but there were a couple new items that, while they don’t explain dispositively what happened, they suggest a likely hypothesis. Also, if this hypothesis is correct, it’s pretty clear that BID Patrols really ought to be registered and, furthermore, that the Police Commission has the right to investigate and regulate them.
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City of Los Angeles to Pay Almost a Million Dollars, Half to Carol Sobel, in Lavan Case and also Pete White and Hamid Khan v. City of LA

Carol Sobel (on right) is making a good living forcing the City of Los Angeles to pay for its nasty addiction to tormenting the homeless.  Have they hit bottom yet?  It doesn't look like it.
Carol Sobel (on right) is making a good living forcing the City of Los Angeles to pay for its nasty addiction to tormenting the homeless. Have they hit bottom yet? It doesn’t look like it.
According to an excellent article in yesterday’s Times by the incomparable Emily Alpert Reyes, the City Council agreed to pay out $947,000 in settlements in two cases brought by civil rights lawyer Carol Sobel. The article didn’t have much detail on either the cases or where the money was going, so I thought I’d fill some of it in here.

The first case is Lavan v. City of Los Angeles. I reported last December that this case seemed to be nearing settlement, and there was more news on this in March. Well, yesterday the Council approved Motion 16-0397, which authorizes the payment of $322,000 to Carol Sobel in legal fees and $500,000 for other purposes which aren’t clear from the motion. Nothing has hit PACER yet, so I don’t know how to get the rest of the story, but you’ll see it here as soon as I get some. You may want to subscribe to the Council file to keep up to date.

The second case is really interesting, and I haven’t written on it before. Evidently, in 2005 the Central City East Association began sponsoring tours of Skid Row for “…public officials, law enforcement, members of the judiciary, students, academics, local business owners, social service providers, and the media” so they can “…see for themselves and learn about the challenges, not through a windshield, but from the experience of walking through [Skid Row] and interacting with social service representatives, police, residents and business owners.”1 (Here is the 9th Circuit opinion on which this summary is based).
Continue reading City of Los Angeles to Pay Almost a Million Dollars, Half to Carol Sobel, in Lavan Case and also Pete White and Hamid Khan v. City of LA

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How to Destroy a Business Improvement District in California: A Theory

This would be an effective, emotionally satisfying, and poetically just way to get rid of business improvement districts, but I'm hoping for something a little more environmentally friendly.
This would be an effective, emotionally satisfying, and poetically just way to get rid of business improvement districts, but I’m hoping for something a little more environmentally friendly.
DISCLAIMER: I’m not a lawyer. But I’m friends with some lawyers. More than zero of them did not laugh out loud at the idea you’re about to read. That’s all I got.

Business improvement districts in California are made possible by the Property & Business Improvement District Law of 1994.1 It’s worth reading, or at least skimming through, because there’s gold in them thar hills! For instance, consider Section 36670(a)(1), which states:

36670.(a) Any district established or extended pursuant to the provisions of this part … may be disestablished by resolution by the city council in either of the following circumstances:

(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.

Do you see the potential in that statement? The fact that it’s a tool for laying waste the BIDs of Los Angeles like so many Philistines? It’s a little hard to understand statutes, but here’s a clue: when they say “shall” they mean “must,” not “can.” Now turn the page to find out why this little statute, if not more powerful than Doug Henning and his sparkly rainbow suspenders as pictured above, is possibly as effective a BID repellent but much, much more emotionally satisfying than mere poofsly-woofsly magical annihilation.
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Why Aren’t BID Security Patrols Registered with the Los Angeles Police Commission?

Any badge, insignia, patch or uniform used or worn by any employee, officer, member or associate of a private patrol service, while on duty for said patrol service, shall be in compliance with State law.  Any such badge, insignia, patch or uniform shall not be of such a design as to be mistaken for an official badge, insignia or uniform worn by a law enforcement officer of the City of Los Angeles or any other law enforcement agency with jurisdiction in the City. LAMC 52.34(d)(1)
Any badge, insignia, patch or uniform used or worn by any employee, officer, member or associate of a private patrol service, while on duty for said patrol service, shall be in compliance with State law. Any such badge, insignia, patch or uniform shall not be of such a design as to be mistaken for an official badge, insignia or uniform worn by a law enforcement officer of the City of Los Angeles or any other law enforcement agency with jurisdiction in the City. LAMC 52.34(d)(1)
Recently I was reading the Los Angeles Municipal Code1 and came across LAMC 52.34, which discusses “private patrol services” and their employees, “street patrol officers.” The gist of it seems to be2 that private patrol service operators must register with the Police Commission, and also prove that their employees’ uniforms and badges don’t look too much like real police uniforms and badges. They’re also required to have a complaint process and submit lists of employees and some other things too.

Well, as you can see from the photo above, and from innumerable other photos and videos I’ve obtained from the Hollywood BID Patrol, there is a real problem with BID Patrol officers looking like LAPD. Their uniforms are the same color, their badges are the same shape and color, and so on. Also, they’re famous for not having a complaint process, or at least not one that anyone can discover easily. The Andrews International BID Patrol isn’t the only one with this problem, either. The Media District‘s security vendor, Universal Protection Service, doesn’t seem to have one either. In fact, it was UPS Captain John Irigoyen‘s refusal to accept a complaint about two of his officers that inspired the establishment of this blog. The A/I BID Patrol is as guilty of this lapse as anyone.

Richard Tefank, Executive Director of the LA Police Commission.
Richard Tefank, Executive Director of the LA Police Commission.
The fact that private patrol operators were required to file actual documents with a city agency means that copies would be available! So I fired off some public records requests to Richard Tefank, Executive Director of the Police Commission. He answered right away and told me they’d get right on it. What a relief to discover that Police Commission CPRA requests don’t have to go through the LAPD Discovery Section, which is so notoriously slow to respond that the City of LA has had to pay tens of thousands of dollars in court-imposed fines due to their tardiness. Mr. Tefank handed me off to an officer in the permits section, and he told me that none of the three BID security contractors I asked about; Andrews International, Universal Protection, and Streetplus3 were registered. How could this be, I wondered, given what seems like the plain language of the statute? The story turns out to be immensely complicated, and with lots of new documents.
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Settlement Almost Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

California-centralRecall that, towards the end of March of this year, the parties to this case began making noises about a potential settlement. This evening, all parties to the suit, begun in 2014, filed a Joint Progress Report on the Status of Potential Settlement. They evidently reached a tentative agreement on April 5, and, according to this status report:

The parties have been diligently working to draft the final terms and language of the settlement agreement and to obtain approval from all parties to finalize the agreement.

The parties remain confident that they will be able to reach final agreement on all matters and will be able to obtain approval from all parties to settle this matter in its entirety.

They promise to update the court on the status of this settlement on July 26, 2016.

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A Vast Panoply of BID Quarterly Reports

TL;DR BID Quarterly Report: Bitch, moan, self-aggrandize, bitch, moan, self-aggrandize, whine, repeat if necessary.
TL;DR BID Quarterly Report: Bitch, moan, self-aggrandize, bitch, moan, self-aggrandize, whine, repeat if necessary.
As a follow-up to Tuesday’s release of all Hollywood Entertainment District and all Sunset & Vine BID Quarterly Reports I’m pleased to announce today that I have bunches of these reports from other BIDS. Although these collections aren’t (yet) complete, they’re nevertheless essential. You can access them through the menu structure above, and here are links:

These are also available on the Internet Archive, which is useful because you can download them via torrent, they have OCR versions, and so on. Links are after the break.
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LA Catholic Worker et al. v. CCEA, City of L.A. et al. Trial Postponed Till October 4, 2016 Due to Discovery Delays

California-centralOver the last few days, but for some reason just hitting PACER today, the parties in the LA Catholic Worker and LA Community Action Network v. the Central City East Association and the City of LA filed a joint stipulation to continue the various scheduled dates in the case due to what’s turned out to be an incredibly grueling discovery process in the case. This is not the first time the trial date has been postponed for this reason. Here is the judge’s order granting the continuance until October 4, 2016.

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