Tag Archives: Los Angeles City Council

Lawsuits

City Of Los Angeles Poised To Pay Half A Million Dollars To The Legal Aid Foundation Of Los Angeles To Settle Los Angeles Catholic Worker v. City Of LA, Central City East Association

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As I reported last week, the City Council was scheduled today to go into closed session to consider a settlement of the monumental lawsuit brought by Los Angeles Catholic Worker and the LA Community Action Network against the Central City East Association and the City.

Well, today they met and approved a motion which authorizes the City Attorney to pay $495,000 out of the City’s Police Liability Fund to the Legal Aid Foundation of Los Angeles as part of the settlement. Given the extensive behavioral restrictions on BID security and ongoing oversight by the court agreed to by the CCEA in its settlement, it seems likely that the money will turn out to be only part of the City’s settlement deal. The details of the rest will surely be hitting PACER soon enough, and you’ll read about them here first!

This is a huge win for LAFLA and its brave and talented attorneys: Fernando Gaytan, Shayla Myers, Paul Hoffman, and Catherine Sweetser. Cheers all round! And, although Carol Sobel didn’t work on this particular case, the outcome continues to confirm Mike Bonin’s prescient 2016 remark that if the City didn’t clean up its act with respect to the property of homeless people, “We may as well open up the keys to reserve funds to Carol Sobel”

Turn the page for a full transcription of the motion if you’re interested.
Continue reading City Of Los Angeles Poised To Pay Half A Million Dollars To The Legal Aid Foundation Of Los Angeles To Settle Los Angeles Catholic Worker v. City Of LA, Central City East Association →

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Lawsuits

LA Catholic Worker et al. V. City of LA, CCEA Settlement Terms To Go Before Full Council In Closed Session On June 14

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The momentous 2014 lawsuit by LA Catholic Worker and the LA Community Action Network against the Central City East Association and the City of Los Angeles has been in the settlement process for more than six months now.1 The Central City East Association settled what seems like ages ago. The City of Los Angeles claimed in December that settlement terms had been reached, and then nothing happened for months.
Continue reading LA Catholic Worker et al. V. City of LA, CCEA Settlement Terms To Go Before Full Council In Closed Session On June 14 →

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Lawsuits

LA Catholic Worker V. City Of Los Angeles Lawsuit Settlement Agreement Scheduled For Budget And Finance Committee Closed Session On Monday, June 5, 2017

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The momentous 2014 lawsuit by LA Catholic Worker and the LA Community Action Network against the Central City East Association and the City of Los Angeles has been in the settlement process for more than six months now.1 Most recently, in March, the terms of CCEA’s part of the settlement were finalized by the court.2 Documents filed with the court as early as last December have announced that the terms of a settlement with the City of Los Angeles had been agreed on and were just pending City Council approval.

Well, Council is finally poised to approve the settlement terms. The matter is on the books as Council File 16-1449, and is scheduled for a closed session on Monday, June 5 at 2 p.m. in Room 1010 of City Hall at the Budget and Finance Committee. As is required by the Brown Act there will be an opportunity for public comment before the closed session. My feeling is that this is a fait accompli and not worth my time to attend, but you should certainly decide for yourself about that.

Given the fairly glacial pace at which the City has been moving, and given the fact that federal district courts move very slowly as well, it will probably be a while before the specific terms of the settlement with the City become public. However, given the stringent terms agreed to by the CCEA, this settlement is likely to include at the very least further restrictions on the City’s ability to enforce its reprehensible personal property ordinance, LAMC §56.11, and probably a lengthy period of oversight by the court as well. Stay tuned for details!
Continue reading LA Catholic Worker V. City Of Los Angeles Lawsuit Settlement Agreement Scheduled For Budget And Finance Committee Closed Session On Monday, June 5, 2017 →

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Skid Row Neighborhood Council

Revealed: The Actual Technical Means By Which José Huizar, Who By The Way Is A Liar And A Deceptive Sneaky Little Creep, Destroyed The Skid Row Neighborhood Council Formation Effort, Quite Possibly At The Behest Of Michael Delijani, Whose Family Has Given José Huizar $25,000 Over The Years

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When I first started working on this post, I meant it to be a typical humorous take on a comment that Grayce Liu made at the March 20 meeting of the Board of Neighborhood Commissioners, much like the nonsense I wrote the other day.

But in preparation for mocking the arrogant rich white supremacists who turned out at every meeting about the SRNC to bumble their whiny way through their idiotic decontextualized lies about “outreach” and “voter participation” and “united Downtown” and fucking “inadequate notification,” I listened to a recording of the March 22 meeting of the Rules and Elections Committee, which sickened me to the point that I lost any taste for making jokes about any of this.1 Huizar’s behavior is not funny, and I’m in no state of mind to make fun.2 He is a horrible person.3

In particular, here’s what I learned. Much of this information has been published before, but as far as I can tell, not all of it has:

  • Huizar decided to change the rules for the SRNC formation election to allow online voting. The change took place merely two weeks before voting began, even though he almost certainly had his mind made up weeks if not months earlier. If he had implemented the decision when he had made it at least there would have been time for the SRNC proponents to address this dispositive change in the rules.
  • He did this in the face of explicit testimony that online voting would disadvantage homeless people, who have extremely limited internet access. Even worse, he knew that the online voting system to be used by the Department of Neighborhood Empowerment would preregister more than 1000 DLANC and HCNC voters from 2016, thereby overwhelming any online voters that the SRNC-FC might manage to register in two weeks and thus dooming any SRNC-FC online registration effort to irrelevance.
  • Huizar made this change unilaterally. It’s true that it was passed by the Rules and Elections Committee and then by the full Council, but if you listen to the recording.4 You will hear Huizar reading out his proposal and Herb Wesson pronouncing it adopted with neither discussion nor a vote.
  • Huizar ignored all the warnings he heard against allowing online voting with respect to the SRNC, but he took them all into account for other NC elections by stating explicitly that SRNC would be the only election to use online voting until further notice. This proves yet again that as far as the City of Los Angeles is concerned, rules do not apply to poor people. They’re not usually this overt about it, though.
  • Somehow Huizar allowed multiple polling locations distributed widely in both space and time. He did this in the face of Grayce Liu’s explicit statement that one polling place open for four hours is absolutely standard in NC elections. Again, Huizar unilaterally changed the rules for Skid Row.

Turn the page for the full, detailed story with links to and transcriptions of the audio of the meeting.
Continue reading Revealed: The Actual Technical Means By Which José Huizar, Who By The Way Is A Liar And A Deceptive Sneaky Little Creep, Destroyed The Skid Row Neighborhood Council Formation Effort, Quite Possibly At The Behest Of Michael Delijani, Whose Family Has Given José Huizar $25,000 Over The Years →

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Municipal Ethics, Skid Row Neighborhood Council

Complaint Filed This Morning With City Ethics Commission About Liner Law’s Failure To Disclose So-Called United DTLA As Client. Also Matthew Nichols Appears To Have Lobbied Before Incorporation Of United DTLA, Possibly Requiring Disclosure Of Actual Human Clients As Well

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Last weekend I outlined what seem to be serious violations of the Municipal Lobbying Ordinance by registered lobbying firm Liner Law and its sleazeballs-for-hire Rockard J. Delgadillo and his creepy little sadly-not-imaginary playmate, Mr. Matthew T. Nichols in the course of the zillionaire downtown real estate cabal’s cowardly moronic greedheaded campaign against the Skid Row Neighborhood Council. Well, this morning I finished up an actual complaint on this matter and filed it with the Ethics Commission, and it is available on Archive.Org for your reading pleasure!

If you read my earlier article most of this material will be familiar to you, but there’s at least one major new thing, which only occurred to me yesterday. Recall that according to Delgadillo and Nichols, the client who was paying them to oppose the Skid Row Neighborhood Council was a shady anonymous Delaware-incorporated LLC known as United DTLA. According to Delaware state records, United DTLA was incorporated on March 3, 2017.

Matthew Nichols monitoring a City meeting on SRNC formation on February 15, 2017, almost three weeks before United DTLA was even incorporated. This is potentially huge! Click to enlarge.
This means that if and when Liner, Matthew Nichols, and Rockard Delgadillo file their required client disclosures for lobbying that they carried out after March 3, they’re going to disclose nothing more than United DTLA, that shady anonymous Delaware corporation. However, that shady anonymous Delaware corporation did not exist on February 15, 2017, on which day Matthew T. Nichols attended a Town Hall meeting about the Skid Row Neighborhood Council sponsored by the Department of Neighborhood Empowerment. And according to the definition of “lobbying activity” found in the Municipal Lobbying Ordinance at LAMC §48.02, the following is included:

… attending or monitoring City meetings, hearings or other events.

So if Matthew Nichols was carrying out compensated lobbying activities on February 15 but his putative client wasn’t even conjured into existence until March 3, he’s going to have to disclose someone other than United DTLA. And what’s the chance that this other client will be anonymous? Very low, I’m guessing, since if the zillionaires already had an anonymous entity through which to hire lobbyists, why would they go and invent a new one a few weeks later? I suppose we’ll find out, although don’t hold breath, friends. The Ethics Commission moves slowly, but it certainly does move.

And another newly uncovered bit of information is that both Delgadillo and Nichols not only attended the March 22, 2017 meeting of City Council’s Rules and Elections Committee, but they both spoke. Although Nichols didn’t say much. His entire speech is quoted in the cartoon that decorates the beginning of this post. As a special bonus for reading this far, turn the page for images of the speaker cards filled out by these two dimwits and also actual audio recordings of their comments!
Continue reading Complaint Filed This Morning With City Ethics Commission About Liner Law’s Failure To Disclose So-Called United DTLA As Client. Also Matthew Nichols Appears To Have Lobbied Before Incorporation Of United DTLA, Possibly Requiring Disclosure Of Actual Human Clients As Well →

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Los Angeles City Council

Mitch O’Farrell Endorses Upstart Hipster Bike Rider Joe Bray-Ali In Stunning Vindication Of MK.Org Prediction! Our Editorial Policy Is That Mitch O’Farrell Is Always Wrong!! Therefore We Endorse Gil Cedillo!!!

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A few weeks ago we predicted that Mitch O’Farrell was endorsing Joe Bray-Ali for City Council in CD1 based on the fact that O’Farrell’s cowering toady scheduler Dave Cano had donated $125 to Bray-Ali in February.1 Well, today our prediction was vindicated beyond our wildest dreams by the fact that Mitch O’Farrell himself actually made his endorsement explicitly in the LA Times. 2 Our next prediction is that O’Farrell’s toadying staff, who’ve been taught by the charismatic but fecklessly idiotic leader of their cult that money equals love, will all start donating money to Joe Bray-Ali. Stay tuned here for details!
Continue reading Mitch O’Farrell Endorses Upstart Hipster Bike Rider Joe Bray-Ali In Stunning Vindication Of MK.Org Prediction! Our Editorial Policy Is That Mitch O’Farrell Is Always Wrong!! Therefore We Endorse Gil Cedillo!!! →

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Business Improvement Districts, Municipal Ethics

It Appears That East Hollywood BID Director Nicole Shahenian Lied To Los Angeles City Clerk Holly Wolcott About The Circumstances Of The Preparation Of The EHBID’s 2015 Annual Planning Report And, As Shahenian Was A Registered Lobbyist At The Time, Thereby Violated LAMC 48.04(B)

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Nicole Shahenian, you got some splainin’ to do!
The background to this post is unavoidably technical and lengthy. If you’re already familiar with the Annual Planning Report process for BIDs as mandated by Streets and Highways Code §36650, you may want to skip directly to the report I submitted to the City Ethics Commission this morning.

One requirement that the Property and Business Improvement District Law places on BIDs, found at §36650, is the submission of annual planning reports (“APRs”) to the City Council:

The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. … The report shall be filed with the clerk … The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified.

And it seems that the BID isn’t allowed to spend money on stuff that’s not discussed in the APR, so it’s not a trivial matter.

The way this piece of code plays out in Los Angeles is that, first, a BID director submits the APR to the Clerk along with a formulaic cover letter. For instance, here is the one submitted by Nicole Shahenian on December 30, 2014 to accompany the East Hollywood BID’s APR for 2015. This is essentially the same letter submitted by all BIDs:

Dear Ms. Wolcott:
As required by the Property and Business Improvement District Law of 1994, California Streets and Highways Code Section 36650, the Board of Directors of the East Hollywood Business Improvement District has caused this East Hollywood Business Improvement District Annual Planning Report to be prepared at its meeting of December 29, 2014.

And don’t forget that state law requires the City Council to adopt the report either with or without modifications. In Los Angeles this part of the process is initiated by the Clerk sending another form letter to City Council, recommending that they adopt the BID’s APR. It’s my impression that the Clerk doesn’t recommend modifications to the report at this stage. These seem to be handled by Miranda Paster before the APR is submitted to Council, as in this example involving the Media District BID. Anyway, take a look at Holly Wolcott’s January 14, 2015 recommendation to City Council with respect to the East Hollywood BID’s APR. Like every such document, this states:

The attached Annual Planning Report, which was approved by the District’s Board at their meeting on December 29, 2014, complies with the requirements of the State Law and reports that programs will continue, as outlined in the Management District Plan adopted by the District property owners.

And it goes on from there to recommend:

That the City Council:

  1. FIND that the attached Annual Planning Report for the East Hollywood Property Business Improvement District’s 2015 fiscal year complies with the requirements of the State Law.
  2. ADOPT the attached Annual Planning Report for the East Hollywood Property Business Improvement District’s 2015 fiscal year, pursuant to the State Law.


But there are a number of problems with this story. First, it appears that the East Hollywood BID Board of Directors did not actually meet on December 29, 2014. In fact, it appears that they did not meet at all in December 2014. Of course, it’s notoriously difficult to prove a negative, but I’m going to give it a go.
Continue reading It Appears That East Hollywood BID Director Nicole Shahenian Lied To Los Angeles City Clerk Holly Wolcott About The Circumstances Of The Preparation Of The EHBID’s 2015 Annual Planning Report And, As Shahenian Was A Registered Lobbyist At The Time, Thereby Violated LAMC 48.04(B) →

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Central City East Association, Lawsuits

Huge News: LA Community Action Network Lawsuit Against Central City East Association and City Of LA Poised To Settle, CCEA Agrees To Specific, Extensive Restrictions On Homeless Property Confiscation, Will Pay $25,000 To LAFLA In Damages, Legal Fees, And Costs. City Of LA Settlement Expected To Go To City Council Soon, LAMC 56.11 Enforcement Likely To Be Severely Attenuated

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News of a settlement in the momentous lawsuit brought by the Legal Aid Foundation of Los Angeles on behalf of the Los Angeles Community Action Network, the LA Catholic Worker, and a number of individuals over the confiscation of homeless people’s property by BID and by City, has been rumbling around PACER for about one year now. Well, yesterday evening, the first concrete details of the ongoing settlement process arrived. The parties filed a joint report indicating that concrete terms had been reached with both CCEA and the City of Los Angeles. The City of LA part still has to be approved by City Council, but according to the document, this is likely to happen within 45 days.

On the other hand, amazingly, the proposed agreement between the CCEA and the plaintiffs has actually been filed! It must still be approved by Judge Philip Gutierrez, but it strikes me as extraordinarily unlikely that it would not be. The agreement severely restricts the circumstances under which the BID can confiscate property. The terms of this part of the settlement make it seem very likely that the City will agree to severe restrictions in its enforcement of LAMC 56.11, the property confiscation ordinance, at least on Skid Row. CCEA will also pay LAFLA $25,000 for damages, fees, and costs. Turn the page for some details of what the CCEA has agreed to.
Continue reading Huge News: LA Community Action Network Lawsuit Against Central City East Association and City Of LA Poised To Settle, CCEA Agrees To Specific, Extensive Restrictions On Homeless Property Confiscation, Will Pay $25,000 To LAFLA In Damages, Legal Fees, And Costs. City Of LA Settlement Expected To Go To City Council Soon, LAMC 56.11 Enforcement Likely To Be Severely Attenuated →

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Municipal Ethics, Venice Beach BID

How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The Venice Beach Property Owners Association

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Tara Devine at the Venice Beach BID hearing on August 23, 2016, a day on which she engaged in at least 2.5 hours of lobbying activity.
The TL;DR is that I believe that in the course of her consultancy with the Venice Beach BID, Tara Devine qualified as a lobbyist within the meaning of the Los Angeles Municipal Lobbying Ordinance, was therefore required to register with the Ethics Commission, and failed to do so, putting her in violation of the law. If you know what all those terms mean, you may want to go straight to the complaint (Warning: 23MB PDF). For a detailed explanation of the background, though, read on!

The key is found in Section 48.07, which states that “An individual who qualifies as a lobbyist shall register with the City Ethics Commission within 10 days after the end of the calendar month in which the individual qualifies as a lobbyist.” After all, anyone can search the Ethics Commission’s database and see that Tara Devine has never registered as a lobbyist. So the question is whether Tara Devine is “An individual who qualifies as a lobbyist.” This turns out to be a fairly complicated thing to determine.

The first place to start when interpreting any law is with the definitions. In the case of the Municipal Lobbying Ordinance (henceforth “MLO”) they are found at LAMC §48.02. In particular, we will find that the word “lobbyist”:

means any individual who is compensated to spend 30 or more hours in any consecutive three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any person.

And in order to see whether this applies to Tara Devine, we need to understand the following terms:

  • Lobbying activities
  • Municipal legislation
  • Attempting to influence


And once we understand what those three phrases mean, we have to show that Tara Devine was paid for 30 or more hours lobbying on behalf of someone else. The details, as always, are after the break!
Continue reading How I Reported Shadowy BID Consultant Tara Devine To The City Ethics Commission For Failing To Register As A Lobbyist Based On Her Work For The Venice Beach Property Owners Association →

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Business Improvement Districts

Historic Core BID Executive Directrix Blair Besten Nominated For Measure HHH Citizens’ Oversight Committee, Opposed By Skid Row Organizers, Service Providers, and Sane People Everywhere

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Blair Besten, Executive Directrix of the Historic Core BID, all decked out in her patented EZ-clutch pearl necklace.
L.A. voters recently approved Measure HHH, which will fund homeless services via the sale of $1.2 billion in bonds. Last December the City Council approved the creation of a citizens’ oversight committee to monitor the expenditure of this vast sum of money. That committee consists of seven people, three appointed by the Council and four appointed by the Mayor. The Mayor doesn’t seem to have nominated anyone yet, but last Friday the Council, in CF 16-1060-S1, nominated their three. The only weirdo in the bunch is Blair Besten, executive directrix of the Historic Core BID downtown.

Of course, anyone who follows the bad BIDness propagated by our City’s business improvement districts knows this is a bad, bad idea for any number of reasons. It was therefore heartening to see, tonight, explicit opposition to Blair Besten’s appointment coming from a coalition of Skid Row organizations and service providers. Their eloquent and well-argued letter hit the Council file mere moments ago. You can read the whole thing after the break if you don’t like PDFs. Now, I have to say that I agree with their reasoning, and from the point of view of sound public policy, I completely agree that her appointment is a terrible idea. However, for for purely selfish reasons I kind of hope she makes it on, because the potential for chaos is high. Note that this is up for a vote TOMORROW.
Continue reading Historic Core BID Executive Directrix Blair Besten Nominated For Measure HHH Citizens’ Oversight Committee, Opposed By Skid Row Organizers, Service Providers, and Sane People Everywhere →

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