Tag Archives: Los Angeles City Clerk

Crusading Palisades Journalist Sue Pascoe To Palisades BID In 2016: You’re Violating The Damn Brown Act By Posting Your Agendas Where Disabled People Can’t Freaking See Them — Zeck Dreck Laurie Sale To Rick Scott: “I Feel Like [Following The Law] Is Just Silly” And Plus This Lady Is Really Mean! — Rick Scott To Laurie Sale: We’re Not Your Damn Lawyers So Figure Out Your Own Damn Problems

Someone recently obtained a bunch of emails from 2016 between Laurie Sale of the Pacific Freaking Palisades BID and Rick Scott of the City Clerk’s office who is, it seems, the BID’s analyst.2 The goodies were passed to me and I uploaded the whole batch of them to Archive dot Org for your edification and titillation, and click here to browse through ’em!

And as you know, the Palisades BID, besides being generally creepy and rather floridly delusional, has proved itself unable to comply even minimally with California’s twin government transparency ordinances, the California Public Records Act and the Brown Act. I’ve written a little about their struggles with CPRA compliance3 and a little more about their struggles with Brown Act compliance, like see this episode and this especially nutty and horrific episode.

So with all of that in mind it was pleasant but not really a surprise to find this little gem of an email exchange in today’s yield. It all began when Sue Pascoe, editor of the famously floofball advertiser known as the Palisades News, emailed Laurie Sale, now retired zeck dreck of the BID, telling her that it was a violation of the Brown Act’s agenda posting requirements to post the agenda in a place that was not handicapped accessible.

Rather than asking a lawyer as anyone with any sense and some assets to protect might do, Laurie Sale emailed Rick Scott of the City Clerk’s office asking him for advice and basically saying that Sue Pascoe was a big meanie and why should the BID have to follow the damn law anyway? Then Rick Scott wrote back and told Laurie Sale that he wasn’t a lawyer and couldn’t give advice. What else did she expect? Turn the page, as always, for transcriptions of everything!
Continue reading Crusading Palisades Journalist Sue Pascoe To Palisades BID In 2016: You’re Violating The Damn Brown Act By Posting Your Agendas Where Disabled People Can’t Freaking See Them — Zeck Dreck Laurie Sale To Rick Scott: “I Feel Like [Following The Law] Is Just Silly” And Plus This Lady Is Really Mean! — Rick Scott To Laurie Sale: We’re Not Your Damn Lawyers So Figure Out Your Own Damn Problems

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Once Again The City Of Los Angeles Was Pushed To The Very Brink Of The Precipice Of Batshit Insanity By Business Improvement Districts And Their Unhinged Obsession With Controlling Every Aspect Of Public Life In Los Angeles — And Unexpectedly Stepped Back And Just Said “No” — Is Holly Wolcott Going To Lose Her Job Over This?

As you’re no doubt aware, the City of Los Angeles has been trying for years to put together a proposed ordinance legalizing street vending.4 The problem, of course, is that business improvement districts and other zillionaire-associated pressure groups hate street vending with a passion that is so incomprehensible, so devoid of rationality, that no one can appease them. No matter what concessions the City gives them they want more. The absolutely unhinged nature of their psychotic demands are exemplified, e.g., in this tragic tale from the Westchester Town Center BID.

In March of this year the Central City Association distilled all these lunatic demands into a concise three page document. They include, among many other things, the ability to exclude street vendors from any part of the City for no reason, the ability to confiscate their carts if they look at the BID patrol crosseyed, the ability for property owners to veto their presence for no reason, and the requirement that street vendors pay extra money to business improvement districts for the privilege of operating within their boundaries.

Now, the City Council, usually willing to do whatever BIDdies ask them to do, has had to be somewhat more circumspect when it comes to street vending because of the intense public scrutiny. The state-level Democratic Party, e.g., has taken up general legalization as a social and economic justice issue, leading to the overwhelming passage of Ricardo Lara’s SB-946 a couple weeks ago.5 But more circumspect or not, they still have to give the BIDdies some respect or they’ll cut off their access to that rich source of campaign contributions.

This is probably why the Economic Development Committee asked the City Clerk to report back on how to make street vendors who operate within BIDs pay extra fees that would go to the BIDs as, I don’t know, like protection money or something. These report-backs typically reflect the deep psychosis of this City’s zillionaires, who really seem to think that their thoughts and feelings are objectively important rather than being only contextually important, with the context, of course, being campaign contributions.6

So what a surprise it was to learn that Holly Wolcott has filed a gem of a report, which calmly and decisively explains to the City Council that actually any such fee scheme would be illegal. What?! Wolcott explicitly suggests that if street vendors in BIDs create extra costs for the BIDs the BIDs can budget money to pay for them but they cannot legally force the vendors to pay.

Holly Wolcott, pretty famously, recently flipped out over the fact that the Venice Beach BID collected far more than a million dollars for 2017 and then didn’t actually do anything at all. She schemed successfully to force the BID to refund the unspent money, and, in the midst of a great deal of personal tension between the BIDdies and the Clerk’s office, the money was in fact refunded. Perhaps this uncharacteristically non-BID-agreeing-with report-back is more of the same? I’m not sure, but it sure is welcome. Turn the page for a transcription of Holly Wolcott’s peculiarly sensible report!
Continue reading Once Again The City Of Los Angeles Was Pushed To The Very Brink Of The Precipice Of Batshit Insanity By Business Improvement Districts And Their Unhinged Obsession With Controlling Every Aspect Of Public Life In Los Angeles — And Unexpectedly Stepped Back And Just Said “No” — Is Holly Wolcott Going To Lose Her Job Over This?

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Tara Devine Accuses Rita Moreno Of Harboring Prejudice Against The Venice Beach BID And Of Badmouthing Her And Her Damn BID To Property Owners — And Of Being Too Dumb To Understand BIDs And Of Not Being Able To Read — Rita Moreno Accuses Tara Devine Of Badmouthing The City To Property Owners — Why Can’t We All Just Get Along?! — Oh, And More On Tara Devine’s September 26, 2017 Surgery, The Swiss Army Knife Of Excuses For Nonperformance Of Contractual And Statutory Obligations

As you no doubt recall, in April 2017 I was forced by the weirdo intransigence of Ms. Tara Devine to file a writ petition against the Venice Beach BID because they could not, would not, comply with the damn public records act for essentially years on end. And in June Tara Devine started handing over records, with more handed over in July. She’s evidently producing a batch a month even though she promised more, because just the other day I got a set of 284 emails between her and the City of Los Angeles, and I published them as usual on Archive.Org for your edification and pleasure.7

And there is a lot of good stuff in this set, but first a little more background. You will, of course, recall that the Venice Beach BID, despite being funded by the City starting in January 2017, didn’t even have a Board meeting until January 2018 and didn’t begin providing services until many months after that. This series of egregious failures led to a great deal of tension between the BIDdies and the City. So much so that in May 2018 the BIDdies got called on the carpet at City Hall and were also forced, much against their will, to refund all the money they’d collected for 2017.

And it seems that, obviously at least in hindsight, these serious consequences in 2018 arose from a great deal of tension between the City and the BID in 2017. The text for today’s sermon is a series of emails from October of that year between Tara Devine and Rita Moreno of the City Clerk which demonstrates exactly that.

It all started when Rita Moreno asked Tara Devine why the BID didn’t even have a working phone, which was forcing the City to field the outpouring of complaints from property owners who had paid a ton of money but were receiving nothing for it. Tara Devine, as is her angry and unprofessional little wont, flipped out on Rita Moreno, and the whole vitriolic exchange with links and transcriptions is right after the break!
Continue reading Tara Devine Accuses Rita Moreno Of Harboring Prejudice Against The Venice Beach BID And Of Badmouthing Her And Her Damn BID To Property Owners — And Of Being Too Dumb To Understand BIDs And Of Not Being Able To Read — Rita Moreno Accuses Tara Devine Of Badmouthing The City To Property Owners — Why Can’t We All Just Get Along?! — Oh, And More On Tara Devine’s September 26, 2017 Surgery, The Swiss Army Knife Of Excuses For Nonperformance Of Contractual And Statutory Obligations

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On March 14, 2017 Grayce Liu Was Already Working Out Details Of Online Voting For The SRNC Subdivision Election With Everyone Counts Two Weeks Before City Council Even Approved The Plan — Obviously We Already Knew Representative Democracy In Los Angeles Is Highly Stylized Semantically Empty Performance Art Rather Than A Deliberative Or Even A Political Process — But Usually It’s Not Thrown So Boldly In Our Faces

I recently received almost three hundred pages of emails from 2017 between Los Angeles City Clerk Holly Wolcott and Department of Neighborhood Empowerment boss lady Grayce Liu. These are available here on Archive.Org. There’s a lot of quite interesting material there, most of it far off my beat, but there’s this one item in particular which is quite relevant.

It’s a March 14, 2017 email from Grayce Liu to Bill Kuncz of Everyone Counts informing him, among other things, of the fact that the City of Los Angeles would be using online voting for the April 6, 2017 Skid Row Neighborhood Council subdivision election. She told him “… that we would be able to move forward with using the online voting and voter registration platform for our subdivision election in a few weeks.”

The main problem with this, of course, is that the question of allowing online voting didn’t even come before the Board of Neighborhood Commissioners until March 20, 2017. It didn’t come before City Council’s Rules and Elections Committee until March 22, 2017, and it wasn’t finally approved by City Council until March 28, 2017.

You may well remember that at that March 22, 2017 meeting José Huizar announced his decision to allow online voting by reading a pre-written statement, showing conclusively that he’d made up his mind even before hearing public comment. This email shows that he’d made up his mind at least eight days before the meeting even took place.

To be sure, there’s nothing illegal about this behavior. There’s possibly nothing even immoral about it. But in the culture of the Los Angeles City Council, where no one votes against their colleagues’ desires for intra-district issues, it makes it even more glaringly clear that our local representative democracy is not functioning at all. A couple of zillionaires went to see Huizar in January 2017 and convinced him to destroy the SNRC and that’s all it took.

The decision was essentially finalized at that point with no public input, no deliberation, and no chance that wiser heads on the City Council would prevail. There are no wiser heads.8 No one even had the decency to tell Grayce Liu to wait for the formalism of City Council approval before acting on Huizar’s unilateral decision. Sadly, it’s business as usual. Turn the page for a transcription.
Continue reading On March 14, 2017 Grayce Liu Was Already Working Out Details Of Online Voting For The SRNC Subdivision Election With Everyone Counts Two Weeks Before City Council Even Approved The Plan — Obviously We Already Knew Representative Democracy In Los Angeles Is Highly Stylized Semantically Empty Performance Art Rather Than A Deliberative Or Even A Political Process — But Usually It’s Not Thrown So Boldly In Our Faces

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In 2013 Kerry Morrison Told The City Council That Without City Oversight Of BID Compliance With The Public Records Act “It Is Very Possible That One Of The BID Boards Would Be Sued, Which Would Also Involve The City” — This Despite Decades Of Kerry Morrison’s Refusing To Have Her BID Be Overseen In Any Way — Protesting Any Proposed Oversight Schemes — And Repeatedly Violating The Brown Act And CPRA In Flamboyantly Intentional Ways

It seems that in 2013 the City was considering transferring BID management functions away from the City Clerk to some to-be-created Office of Imaginary Money-Shuffling Practices or suchlike nonsense. Obviously it didn’t happen, but nevertheless we’re still as lucky as can be to have recently discovered a copy of a letter written by Ms. Kerry Morrison, chock-full of her characteristically narcissistic stylings, in support of keeping BIDditude with the Clerk.

Her unwritten point is that the Clerk’s BID unit is already firmly under the thumb of the BIDs,9 and any change would be detrimental to the BIDs, therefore no change should be made, whatever the needs of the City, and these she really does not deign to consider, might be. Her written points are more prosaic, and except for one of these the interest mainly lies in counting her weirdly nonconscious invocation of cliches.10

Her sole interesting point, and it’s interesting mostly for the way it highlights her absolute indifference towards the truth, has to do with one of our favorite topics on this blog, which is the intersection of BIDdology with the Brown Act and the Public Records Act:

Because of litigation that our BID was involved in at the turn of the century, the boards that manage BIDs are now subject to the Public Records Act and the Brown Act. The City Clerk’s staff helps to ensure compliance. Absent this oversight, it is very possible that one of the BID boards would be sued, which would also involve the city of LA.

Unfortunately I don’t have the time to dissect the unselfconsciously sprinkled self-satisfied hermeneutics of this lil cupcake of a prose poem, However, let’s move past the break and consider some of the inaccuracies and omissions. And, of course, there’s also a transcription of the whole damn letter.
Continue reading In 2013 Kerry Morrison Told The City Council That Without City Oversight Of BID Compliance With The Public Records Act “It Is Very Possible That One Of The BID Boards Would Be Sued, Which Would Also Involve The City” — This Despite Decades Of Kerry Morrison’s Refusing To Have Her BID Be Overseen In Any Way — Protesting Any Proposed Oversight Schemes — And Repeatedly Violating The Brown Act And CPRA In Flamboyantly Intentional Ways

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Open Rebellion In The Melrose BID! Duckworth On The Defensive!! Refuses To Give Board Email Addresses To Property Owners!!! Even Though He Already Gave Them To Me!!!! And Don’t Forget He And He Alone Got The Damn BID Sued!!!!! And For This They Are Paying Him $72,000 Per Year To Work 20 Hours Per Week???!?

Sadly, for he is one of the most satirogenic figures in all of BIDlandia, we have not heard much from pirate king Donald Duckworth around these parts lately except, of course, for the fact that he, complacently steeped in his outlaw ways, forced me to file a pair of writ petitions against two of his baby BIDs because he, complacently steeped in his unhinged arrogance, flat-out and unaccountably refuses to comply with his statutory obligations under the California Public Records Act11 even though, if the past is prologue,12 it’s very likely to cost his BIDs a lot of damn money that they can probably ill afford to waste.

But regardless of Cap’n Donald’s law-flouting noncompliance it is occasionally possible to obtain records, or at least emails, involving him by the simple expedient of getting them from the other side of the correspondence.13 And recently a friend of this blog got a small pile of emails between Mr. Don Duckworth and Los Angeles City Clerk staff, and you can read the whole set here on Archive.Org.14 And there’s pretty much interesting stuff in there, but tonight I’m focusing on just three items.

June 9, 2018 email from Don Duckworth to Laura Aflalo about record inspection — Melrose property owners Laura Aflalo and Richard Jebejian want to come inspect records. Don Duckworth says sure you can but why would you want to, isn’t it a waste of your time?

June 9, 2018 emails between Duckworth and Aflalo about her questions about BID operation — Like why do the BID bylaws violate the Brown Act? And why can’t she have the Board members’ email addresses? And why won’t Don Duckworth just answer the damn questions?!

June 9, 2018 Duckworth to Aflalo with a detailed breakdown of how he spends the BID’s money — It’s detailed and evasive at the same time, a Duckworthian superpower, evidently.

And turn the page for some commentary, some mockery, and some highly selected transcriptions of at least the first two items. The third is going to have to wait till another time because it’s getting late around here!
Continue reading Open Rebellion In The Melrose BID! Duckworth On The Defensive!! Refuses To Give Board Email Addresses To Property Owners!!! Even Though He Already Gave Them To Me!!!! And Don’t Forget He And He Alone Got The Damn BID Sued!!!!! And For This They Are Paying Him $72,000 Per Year To Work 20 Hours Per Week???!?

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The Los Angeles Unified School District Evidently Voids All Its BID Establishment Petitions By Adding A Limiting Clause — They Seem To Add The Same Clause To Their Actual Ballots But Evidently It Does Not Void Them — It’s Not Clear What’s Going On Here But Probably Something Is

I recently received almost a thousand pages of emails between the Los Angeles City Clerk‘s office and correspondents at various BIDs. You can obtain the whole pile here on Archive.Org. Among these was this interesting little exchange between Clerk staffie Dennis Rader and notorious outlaw BID consultant Aaron Aulenta of Urban Place Consulting.

This post is dedicated to exploring the issues raised by this email. It’s unavoidably technical, so you may want to skip it. On the other hand, at least I’m not going to call anyone nasty names, which I know will please a certain perennially disgruntled audience segment. Boring or not, though, it touches on essential and little-explored issues of BIDology. The exchange began on May 7, 2018, when Aaron Aulenta emailed Dennis Rader:

I know you’re probably swamped at the moment with the ballot mail-out this week, but I had a quick lausd question. Do you know if they returned a petition for either Hollywood or Fashion without hand writing in the ‘approval conditioned upon’ phrase? In other words, did they return a petition that was officially counted?

Continue reading The Los Angeles Unified School District Evidently Voids All Its BID Establishment Petitions By Adding A Limiting Clause — They Seem To Add The Same Clause To Their Actual Ballots But Evidently It Does Not Void Them — It’s Not Clear What’s Going On Here But Probably Something Is

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Two Very Interesting Records For Release — The Contract Between The City Of Los Angeles And Civitas Advisors For Establishment Of The Hollywood Route 66 BID — Shedding Light On Intersection Between BID Consulting And Lobbying — Also On Exactly What Role The Engineer Plays In Establishment Process — And February 2018 Feasibility Report Produced By Civitas

There seem to be two distinct ways that BIDs get started in Los Angeles. One is that a bunch of property owners want to start one, they talk to their council rep or the City Clerk, hire a consultant, and go through the process we’ve all come to know and love. But it seems that sometimes the City takes the initiative, they hire their own consultant, and as part of their duties, the consultant puts together a proponent group.

That seems to be what’s going on with the infamous Echo Park BID, and it’s also the way that the Hollywood Route 66 BID is being formed.15 Both of these establishments are being handled by OG16 BID consultancy Civitas Advisors. And as you may recall, a good citizen of Los Angeles recently supplied me with a massive set of emails between Civitas and the City Clerk‘s office.17

And buried amongst the interminable babbling about God-knows-what-all18 I uncovered a couple of really interesting gems. First, there is the contract between the City and Civitas for establishing the Hollywood Route 66 BID, and second there is a feasibility study for the BID prepared by Civitas in February 2018.19 Both of them have a lot to tell us about how BIDs get started and function in Los Angeles! Turn the page for excerpts and discussion.
Continue reading Two Very Interesting Records For Release — The Contract Between The City Of Los Angeles And Civitas Advisors For Establishment Of The Hollywood Route 66 BID — Shedding Light On Intersection Between BID Consulting And Lobbying — Also On Exactly What Role The Engineer Plays In Establishment Process — And February 2018 Feasibility Report Produced By Civitas

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In 2016 The City Of Los Angeles Revised Its Standard BID Administration Contract To Remove Language About Complying With CPRA And The Brown Act — Which Is Yet Another Example Of The City Refusing To Hold BIDs Responsible For Complying With Any Laws Whatsoever — It’s Not Clear What Effect This Will Have On Anything — They Certainly Did It In Response To My Activities, Though, For What That’s Worth

Regular readers of this blog are well aware that business improvement districts in California are subject to the California Public Records Act and to the Brown Act by virtue of the Property and Business Improvement District Law at §36612, which states explicitly that BIDS … shall comply with the Ralph M. Brown Act … at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act … for all records relating to activities of the district.20

Also, maybe you recall that the standard contract that BIDs sign with the City of Los Angeles contains21 a clause basically repeating this requirement. There’s a transcription of this section after the break. So in March 2016, faced with blatant disregard of the CPRA by the Downtown Center BID, I wrote to the City Clerk, Holly Wolcott, asking her to enforce the terms of the City’s contract with this obstructionist BID.

And on March 14, 2016, she wrote back to me, stating pretty clearly that she wasn’t going to make sure that BIDs complied with the Public Records Act. Again, there’s a transcription of her response after the break, but her main argument was that the City wasn’t obligated by the contract to consider whether a given BID was complying with the CPRA.

And I thought that was the end of it, but I just recently discovered that actually, it’s likely that the City took my argument much more seriously than anyone was letting on. So seriously, in fact, that in April 2016 the City Attorney completely rewrote the standard contract between BIDs and the City to eliminate all language about CPRA and the Brown Act!
Continue reading In 2016 The City Of Los Angeles Revised Its Standard BID Administration Contract To Remove Language About Complying With CPRA And The Brown Act — Which Is Yet Another Example Of The City Refusing To Hold BIDs Responsible For Complying With Any Laws Whatsoever — It’s Not Clear What Effect This Will Have On Anything — They Certainly Did It In Response To My Activities, Though, For What That’s Worth

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