Tag Archives: Los Angeles City Council

What Does The City Of Los Angeles Consider “A Significant Number Of Protests” Against BID Formation Or Renewal? A Tragic Lesson From A Failed 2016 Attempt To Disestablish The Los Feliz Village BID

January 21, 2017 Mike Leave a comment

Looking south along Vermont Avenue from Russell Avenue in 1974 (with a good old triangular RTD sign in the foreground!). The trees are bigger now, but otherwise is Los Feliz Village really better off 43 years later?

Long-time readers of this blog will recall that the locus classicus of operational BID policies in the City of Los Angeles is to be found in Council File 96-1972, which is too old to have actual documents online, but I scanned and published a number of them last year.¹ Therein may be found the City’s BID Policy and Implementation Guidelines, which are meant to provide an L.A.-specific implementation of the Property and Business Improvement Law of 1994.

Chapter 2 of that law describes the process for establishment and renewal of a BID,² and it’s remarkable how tentative, how conditional the process is. It’s well-known by this point that in order for a BID to be formed it’s necessary that property owners representing more than 50% of the assessed value be in favor.³ It’s necessary, but it by no means sufficient. Section 36625(a) very clearly leaves the question of formation up to the Council:

If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation…

The only mandatory requirement with respect to BID establishment in the whole Chapter is found in Section 36623(b), which says that if owners holding 50% or more of the assessed value are opposed to the BID, not only can it not be formed, but no further attempts can be made to form it for a year.

And the discretionary nature of the process is reflected in the City’s BID Policy and Implementation Guidelines as well. Therein it states:⁴
The City Council can proceed with the BID if the protest is less than 50%. However, BID proponents are cautioned that they should not expect a favorable vote from the City Council with a significant number of protests.

From the context it’s clear that the policy means that there is some threshold of protest less than 50% with respect to which the Council will not establish the proposed BID even though the Property and BID Act would allow them to do so.

Thus the question arises as to what this threshold is. Well, it turns out that an episode early last year involving the Los Feliz Village BID sheds some light on this question.⁵ The short answer is that business owners⁶ representing 16.95% of the assessed value protested, an unprecedented number,⁷ and yet City Council renewed the BID unanimously. Turn the page for a detailed recounting of the tragic details!
Continue reading What Does The City Of Los Angeles Consider “A Significant Number Of Protests” Against BID Formation Or Renewal? A Tragic Lesson From A Failed 2016 Attempt To Disestablish The Los Feliz Village BID →

Lawsuits

Everybody’s Favorite Puppet-Wielding Crackpot Wayne Spindler Files Yet Another Federal Suit Against The City Of Los Angeles Alleging Violations Of Constitutional Rights — Here Are Copies Of The Pleadings

January 14, 2017 Mike Leave a comment

Wayne Spindler in normal clothes in 2010.

Habitual City Council commenter Wayne Spindler, he of the don’t-go-near-Herb-Wesson restraining order and the subsequent entirely righteous we’re-not-gonna-prosecute-because-being-an-asshole-isn’t-illegal decision by L.A. County D.A. Jackie Lacey’s office,⁸ has filed a federal suit against the City of Los Angeles for violating various Constitutional rights in connection with his May 2016 arrest.

The incomparable Emily Alpert Reyes has the story in this morning’s Times and we have the primary sources, hot off of PACER! As long as I was getting these pleadings, I figured I’d go ahead and get the ones from the case he filed last July as well,⁹ and all of them are available here:

I’ll collect the papers in those directories as they’re filed because the cases interest me, but I probably won’t be writing more about them unless something extraordinary occurs. Spindler is an attorney¹⁰ and seems to be acting pro se in both these cases. As always, this makes for some fairly lively legal writing, samples of which you can find after the break if you, like so many these days, are PDF-averse.¹¹ Continue reading Everybody’s Favorite Puppet-Wielding Crackpot Wayne Spindler Files Yet Another Federal Suit Against The City Of Los Angeles Alleging Violations Of Constitutional Rights — Here Are Copies Of The Pleadings →

Los Angeles City Council, Los Angeles City Government, Venice Beach BID

Is Mike Bonin A Liar Or A Fool? Which Is Holly Wolcott? Tara Devine? They’ve Acted As If There Was No Effective Way To Remove Residential Properties From The Venice Beach BID Without Rezoning When They Must Or Should Have Known That State Law Explicitly Empowers City Council To Do So Unilaterally

December 31, 2016 Mike Leave a comment

Did Mike Bonin lie about his ability to remove properties from the Venice Beach BID? Or did he just not care enough to read the law governing BID formation? Or both?

One of the most contentious issues in the very, very contentious formation of a business improvement district in Venice has been the existence of properties with commercial zoning that are used solely for residential purposes that were included in the BID and therefore assessed. This is the basis of a recently filed lawsuit against the City as well as a significant number of other protests against the BID.

For instance, in May 2016, Venice homeowner¹² Louis Traeger wrote to the City protesting the inclusion of his home in the BID. On June 1, 2016 Los Angeles City Clerk Holly Wolcott answered him, stating:

In address of your request to remove said property from the proposed Business Improvement District, the City Clerk does not have the authority to remove or add properties in a Business Improvement District. However, we will forward your request and this information to the Engineer conducting the survey and analysis for the creation of the Venice Beach Business Improvement District.

Further, you requested notice of any hearing concerning the approval of the Venice Beach Business Improvement District in order to submit your written opposition. If your property is ultimately included within the Business Improvement District boundaries, a notice of the City Council hearing date will be mailed to you. At the hearing, an opportunity will be provided to protest the establishment.

Los Angeles City Clerk Holly Wolcott whispering secrets to Councildude Mitch Englander on November 8, 2016. She tells the truth, and nothing but the truth, but no how, no way, are you telling the whole truth, Ms. Holly.

As far as I can tell¹³ what Holly Wolcott says is the truth and it’s nothing but the truth, but it is in absolutely no way at all the whole truth. Her statement that “the City Clerk does not have the authority to remove or add properties in a Business Improvement District” is true. When she follows it up with a statement that she will “forward your request and this information to the Engineer conducting the survey and analysis” she is certainly creating the impression that ONLY the engineer is empowered to remove properties. This is not true. It’s really badly not true, as I will demonstrate below.

On July 27, 2016 Holly Wolcott wrote to Venice homeowners William and Laura Kuel making essentially the same argument, but with this additional twist:¹⁴ Continue reading Is Mike Bonin A Liar Or A Fool? Which Is Holly Wolcott? Tara Devine? They’ve Acted As If There Was No Effective Way To Remove Residential Properties From The Venice Beach BID Without Rezoning When They Must Or Should Have Known That State Law Explicitly Empowers City Council To Do So Unilaterally →

Lawsuits

Save Valley Village Vote-Trading Lawsuit Against LA City Council Dismissed With Prejudice Despite (Or Perhaps Because Of) Entirely Truthful Yet Delightfully Unhinged Pleading Filed By The Good Guys

December 21, 2016 Mike Leave a comment

In September, local activist group Save Valley Village filed suit against the City of Los Angeles and the City Council alleging in their petition that

The Councilmembers of the Los Angeles City Council operate according to an agreement, i.e. The Vote Trading Pact, not to Vote No on any Council Project in another council district and said agreement by its very terms requires reciprocality, also called mutuality, whereby the agreement not to Vote No by one Councilmember is given in exchange for the other Councilmember’s not to vote No on a Council Project in his/her council district.

In October the City filed a demurrer,¹⁵ and then in the last couple weeks there have been a number of documents filed, leading up to the Court’s dismissing the case with prejudice.¹⁶ It’s a pity in one sense, because this is precisely one of the ways in which the City Council is corrupt. It ought to be against the law, and if the Court is correct in its ruling that there presently are no laws which it’s against, then such a law needs to be written. That it should be written is self evident. How to write it, how to enact it, these are not such easy questions to answer. Turn the page for links to all the recent filings, including the judge’s detailed ruling on why he dismissed the case as well as excerpts from the tragically, beautifully loony and also fairly convincing petitioners’ memorandum in opposition to demurrer.¹⁷ Continue reading →

Lawsuits

Evidently a Settlement Has Been Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

December 8, 2016 Mike Leave a comment

According to a document filed mere moments ago with the court, all parties to LA Catholic Worker and LA CAN v. City of LA, CCEA have agreed on a settlement. The terms of the settlement have not yet been announced, but they will be going to the LA City Council for approval “in the near future.” If you’re PDF-averse you can read salient selections after the break.
Continue reading Evidently a Settlement Has Been Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association →

Venice Beach BID

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.¹⁸ 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,¹⁹ after all the speaker cards had been called, announced to the world at large:²⁰

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.²¹ 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 →

Venice Beach BID

Newly Obtained Email Proves That Mike Bonin Considered Moving Venice Beach BID Hearing To November 29 From Disputed Date of November 8

October 28, 2016 Mike Leave a comment

Mike Bonin, shown here with the Jesus-halo sidelighting he evidently prefers.

After a chaotic hearing on the Venice Beach BID in August,²² after Legal Aid Foundation of Los Angeles powerhouse attorney Shayla Myers pointed out that the process was legally flawed, and after City Attorney Mike Feuer accepted her argument and told the City Council that they’d better have a do-over, after all that, the rehearing on the abhorrent BID was scheduled to be ~~approved~~ considered in Council on November 8, 2016. This, of course, is also the day that Americans will be deciding the future of the world, which takes up a lot of time. Venice being Venice, there has been a lot of speculation about whether Bonin did this on purpose to make it difficult for detractors to testify. Venice also being Venice, there has been an organized effort to get Bonin to postpone the hearing.

Such protests usually fall on what seem like deaf ears, but in this case, an email that I obtained last night from the City Clerk’s office proves that, in September 2016, Mike Bonin was considering moving the hearing from the disputed date of November 8 to the presumably more acceptable dates of November 29 and 30. Read on for details.
Continue reading Newly Obtained Email Proves That Mike Bonin Considered Moving Venice Beach BID Hearing To November 29 From Disputed Date of November 8 →

Los Angeles City Government

Do You Have What It Takes To Be A BID Consultant For The City Of Los Angeles? Honesty? Integrity? Freaking LIKEABILITY?!??!

October 5, 2016 Mike 2 Comments

Shadowy BID consultant Teresa "Tara" Devine has what it takes! She is evidently 15% likeable, honest, and infested with what passes for integrity in BID consultancy circles. — Shadowy BID consultant Teresa “Tara” Devine has what it takes! She is evidently 15% likeable, honest, and infested with what passes for integrity in BID consultancy circles.

If you follow BIDs in Los Angeles you will know that the process for creating a new one is so fraught with weirdo technicalities that when a Councilmember wants to form one in their district, not only do they have to get together a bullshit astroturf front group made up of major campaign contributors, but they also have to hire a consultant to guide the BAFG through the labyrinth. Of course, this is anything but an adversarial process, and success is pre-ordained. However, if the requirements imposed by the State of California are not adhered to somewhat scrupulously, the new BID will be vulnerable to challenges by non-mainstream anti-BID malcontents.²³ Thus the City has an interest in making sure that these consultants are competent.²⁴

It turns out that they take this interest seriously enough that the City Clerk maintains a list of qualified BID consultants. I recently obtained a copy from 2010. There are some old friends on there, e.g. Donald Duckworth, who you might recognize from 2014 as the initial consultant on Mike Bonin’s Venice Beach BID project, since replaced by the shadowy ringlet-tossing Tara Devine. The famed Susan Levi is also on that list. But all things must pass away, and the list will eventually need to be renewed. Thus it seems that in August 2015 the Clerk put out a request for qualifications seeking new qualified consultants to put on the list.²⁵ So now it is possible to tell exactly what skills you need to develop if you want to be a shadowy BID consultant too!
Continue reading Do You Have What It Takes To Be A BID Consultant For The City Of Los Angeles? Honesty? Integrity? Freaking LIKEABILITY?!??! →

Homeless Issues, Public Records Act Pragmatics

How I Got Advance Notice Of This Morning’s Clean-Up Of A Homeless Encampment At 4490 DeLongpre And What Happened There, Along With A Bunch Of Information About Encampment Clean-Ups In July, August, and September

September 29, 2016 Mike Leave a comment

Two men carrying their possessions South on Lyman Place in advance of a LASAN clean-up of their encampment on Thursday, September 29.

This summer, thinking about the important role that LACAN’s pictures and video of LA Sanitation’s aggressive clean-ups of homeless encampments downtown have played in e.g. Mitchell v. Los Angeles, it occurred to me that it ought to be possible to get advance notice of encampment cleaning actions from the City via the California Public Records Act. Well, like everything involving CPRA, it turned out to be far more complicated than one might expect in advance.

Amazingly, Sanitation did supply me with materials. It was just the part about getting them in advance of the clean ups that was difficult. On August 5 I asked for the first time. On August 17 they asked for an extension. On September 13, after a certain amount of wheedling on my part, they sent me material for July and August, and a few days later, partial material for September. Still nothing in advance, though:

The most important ones are the “HE Conf”²⁶ documents. Those represent confirmed locations of clean-ups by Council District for the given month. They also reveal the suspected but, to my knowledge, unproven fact that locations where clean-up is requested by the Council District are given priority over other locations.²⁷ I will be requesting these for the past as well as for the future. I think that mapping this data and otherwise analyzing it will provide important insights into the City’s mostly unarticulated-in-public policies towards the homeless, as well as deeper understanding. And understanding this world is fine. But the point²⁸ is to change it.
Continue reading How I Got Advance Notice Of This Morning’s Clean-Up Of A Homeless Encampment At 4490 DeLongpre And What Happened There, Along With A Bunch Of Information About Encampment Clean-Ups In July, August, and September →

Announcements, Historical and Theoretical Perspectives, Los Angeles City Government

Scanned Archival Documents About BID Implementation and Policy From 1998 Now Available

September 29, 2016 Mike Leave a comment

Somehow BIDs, like everything else, are all Richard Riordan's fault. — Somehow BIDs, like everything else, are all Richard Riordan’s fault.

Recall that last month last month I raised the question of where the City Clerk gets the authority to vote all of the City’s property in favor of BID formation, and about two weeks ago, this question was answered by Miranda Paster, who pointed me towards Council File 96-1972, part of which is the ordinance that directs the Clerk how to vote the City’s parcels. Well, the file is too old to include online material, but a couple days ago I had a chance to visit the L.A. City Archives over on Ramirez Street to look through the file. There was a lot of stuff, most of it not that interesting,²⁹ but I did copy a few items, and here they are for your sake and the sake of history! You can get them at Archive.Org for one thing. Also here in the menu structure, and finally directly here. They’re also linked-to and discussed a little bit after the break.
Continue reading →