Tag Archives: Ed Henning

Business Improvement Districts, Venice Beach BID

The Board For Professional Engineers Finally Acknowledged Receipt Of My Complaint Against Incompetent BID Engineer Ed Henning — Only Four Months After I Submitted It — They Hired The Complaint Out To An Independent Expert For Review — Cause Obviously It’s Too Hot A Potato For Them To Handle In-House!

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Here’s a quick summary of the background. BID formations are required by the Property and Business Improvement District Law of 1994 to be supported by a report prepared by a licensed engineer.1 Putatively licensed engineer Ed Henning wrote the report for the ill-born Venice Beach BID.2 The California Board for Professional Engineers regulates the engineering profession and can investigate allegations of incompetence or negligence. Ed Henning’s report for the Venice Beach BID is awful, negligent, and incompetent. The fact that this nightmare of a BID was established on the basis of this horror show of a report is another sprinkling of salt on the writhing slug into which the money-driven fucked-upification of Venice has transformed my heart.

A complaint was made against Henning by a citizen of Venice but was rejected by the Board without being read because they claimed that writing BID reports didn’t constitute the practice of engineering. After a great deal of discussion with BPELSG executive officer Ric Moore, he agreed that in the future his office would not dismiss such complaints unread and therefore I took the time to submit a complaint against Henning to the Board.3 You can get a copy of the complaint itself here on Archive.Org.

Well, that was in August 2018 and I heard nothing and I heard nothing and I heard nothing and a couple of times I sent polite little emails to Mr. Ric Moore just asking him could he confirm that he’d received the complaint and so forth and I heard nothing and nothing and nothing. Until this afternoon, which is when I received an email from our old friend Ms. Tiffany Criswell.

And Ms. Tiffany Criswell’s email informed me that not only had they received the complaint but that it had been given a code number and, most interesting of all, that the “complaint has been referred to an independent Expert Consultant for review.” Ms. Criswell was also careful to state that it’s essentially going to take forever to review and I shouldn’t hold my breath and so on. But damn! It feels like quite an accomplishment even to get this far. After the break you can read a full transcription of this email from Tiffany Criswell.
Continue reading The Board For Professional Engineers Finally Acknowledged Receipt Of My Complaint Against Incompetent BID Engineer Ed Henning — Only Four Months After I Submitted It — They Hired The Complaint Out To An Independent Expert For Review — Cause Obviously It’s Too Hot A Potato For Them To Handle In-House! →

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Business Improvement Districts, Venice Beach BID

How I Reported BID Engineer Ed Henning To The California Board For Professional Engineers For Incompetence, Negligence, Self-Plagiarism, And All-Round Not Doing His Damn Job

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Here’s a quick summary of the background. BID formations are required by the Property and Business Improvement District Law of 1994 to be supported by a report prepared by a licensed engineer.1 Engineer Ed Henning wrote the report for the ill-born Venice Beach BID.2 The California Board for Professional Engineers regulates the engineering profession and can investigate allegations of incompetence or negligence. Ed Henning wrote the engineer’s report for the Venice Beach BID and did an awful, negligent, incompetent job of it.

A complaint was made against Henning but was rejected by the Board without being read because they claimed that writing BID reports didn’t constitute the practice of engineering. After a great deal of discussion with BPELSG executive officer Ric Moore, he agreed that in the future his office would not dismiss such complaints unread.

Well, given this assurance it seemed worthwhile to me to spend time writing another complaint against Henning, whose work is universally acknowledged to be ultra-shabby,3 And that’s just what I did! You can grab a copy of the whole thing right here on Archive.Org, and turn the page for selections and little bit of discussion!
Continue reading How I Reported BID Engineer Ed Henning To The California Board For Professional Engineers For Incompetence, Negligence, Self-Plagiarism, And All-Round Not Doing His Damn Job →

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Business Improvement Districts, Hollywood Property Owners Alliance

Two Interesting Protests Against BID Renewals In Hollywood — One By A Civil Engineer Attacking The Constitutional Adequacy Of Ed Henning’s Self-Plagiarized Boilerplate Engineering Report — The Other Somewhat Plausibly Accusing Kerry Morrison Of Complicity In The Payoff Of Transients To Harass Anti-BID Property Owners

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You may have noticed that the Property and Business Improvement Law of 1994 makes allowance for property owners in a proposed BID to file “protests,” which must be accounted for by the City during the establishment or renewal process.1 For whatever reason, possibly the mandate that the City make a determination regarding protests received,2 these protests show up in the relevant Council File for all the world to read! And sometimes they are really interesting! Like the two recent doozies I have for your pleasant perusal today!

◪ Setrak Kinian protest — this is against the renewing Hollywood Entertainment District BID, filed by a property owner in the old Sunset & Vine BID — the two BIDs are being unified in their current renewal — and has some essentially kooky but nevertheless fairly explanatory3 allegations against Ms. Kerry Morrison.

For instance, Kinian claims that her BID pays off homeless people to hang around the properties of BID opponents in order to encourage them to support the BID. He also makes the not-completely-implausible claim that one goal of the BID is to force smaller property owners to sell out to larger ones. The Council File for this renewal is CF 14-0855. As always, turn the page for some selected transcriptions and commentary.

◪ Jim McQuiston protest — Against the renewing Hollywood Media District BID. McQuiston is a civil engineer and provides a really detailed4 denunciation of Ed Henning’s characteristically crapola engineer’s report. This is especially interesting to me given that one of my ongoing projects, which is to get the Board for Professional Engineers to take the preparation of engineering reports for BID formations seriously as the practice of civil engineering.5 The Council File for this renewal is CF 12-0963. Also Henning’s report is here. As always, turn the page for selected transcriptions and commentary.
Continue reading Two Interesting Protests Against BID Renewals In Hollywood — One By A Civil Engineer Attacking The Constitutional Adequacy Of Ed Henning’s Self-Plagiarized Boilerplate Engineering Report — The Other Somewhat Plausibly Accusing Kerry Morrison Of Complicity In The Payoff Of Transients To Harass Anti-BID Property Owners →

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Business Improvement Districts, Los Angeles City Government

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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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.1 Both of these establishments are being handled by OG2 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.3

And buried amongst the interminable babbling about God-knows-what-all4 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 2018.5 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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Business Improvement Districts, Venice Beach BID

Update On The Willingness Of The California Board For Professional Engineers To Read And Consider Complaints Against Engineers Who Prepare Reports For BID Establishment — According To Boss Honcho Ric Moore They Not Only Will Read And Consider Them But He Personally Will Review And Clarify The Findings Of His Enforcement Staff — It’s Hard To Know If This Is Excellent, But It Is Way, Way, Way Better Than Nothing!

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As you may know, I’ve been working on getting the California Board for Professional Engineers, which regulates the profession of engineering in California, to accept complaints against the engineers who write reports supporting BID formation. At first the Board’s position was that the preparation of such reports didn’t even constitute the practice of engineering and therefore all such complaints should be rejected a priori. After a few months of discussion, the Board seemed more entrenched than ever in this disappointing position.

However, in the last week or so, the Board, in the person of Executive Director Ric Moore, seems to have softened its position somewhat. In this email,1 Moore has made what strike me as two significant concessions:2

◈ Ric Moore stated that all complaints to the Board are read and responses reflect the actual factual allegations in the complaint.
◈ He also said that if the person filing the complaint doesn’t believe that this happened he, Ric Moore, will clarify and address the concerns.

This certainly is welcome news, and Ric Moore’s statements have had at least two immediate consequences. First, the Venice resident who filed the original complaint against BID engineer Ed Henning took Moore up on his officer to clarify and address concerns. Second, because Moore has committed his agency to reading all complaints and responding based on the factual allegations, I have determined to submit my own complaint against Ed Henning. I hope to have this done within four weeks, possibly sooner.

And I have updated this Archive.Org page with the additional emails (dated April 16 and 17, 2018). Turn the page for links to the new emails, transcriptions of all or part of the salient ones, and possibly a little more discussion of the issues.
Continue reading Update On The Willingness Of The California Board For Professional Engineers To Read And Consider Complaints Against Engineers Who Prepare Reports For BID Establishment — According To Boss Honcho Ric Moore They Not Only Will Read And Consider Them But He Personally Will Review And Clarify The Findings Of His Enforcement Staff — It’s Hard To Know If This Is Excellent, But It Is Way, Way, Way Better Than Nothing! →

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Business Improvement Districts

President & CEO Tara Huckabee Devine Quoted A Renewal Consulting Price Of $49,000 To The Studio City BID — John Walker Complained — She Lowered It To $36,000, Proving That Her Original BID Was Based On Nothing At All — So Why Didn’t South Park Or Venice Get A Price Break? — Accounting Is Easy When You’re Playing With Other People’s Money — And Why Would None Of Her References Return John Walker’s Phone Calls? — Nothing Good To Say Don’t Say Anything, Perhaps?

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I reported a couple days ago on interactions between Studio City BID Executive Boss Dude John Walker and thoroughly disgraced BID consultant and former engineer Ed Henning concerning the BID’s impending renewal, for which Ed Henning is the BID consultant. Well, it turns out that before hiring Ed Henning, John Walker conversed with and ultimately solicited a proposal from everyone’s favorite shadowy BID consultant, the inimitable Ms. President & CEO Tara Huckabee Devine!

And of course, these conversations took place via email! And of course I asked John Walker for copies! And of course he handed them right over!1 And of course I published them all over on Archive.Org for your edification and enjoyment! So basically, here’s what happened.

After some introductory chit-chat, President & CEO Tara Devine sent John Walker a proposal for renewal services, quoting a price of $49,000 max. John Walker was all like this is too damn much money! And in response President Tara Devine sent another proposal, and now the price was only $36,000. How is it possible to have an actual proposal for services where the price can be dropped by more than 26% just because a client complained?

If the bid could be slashed to that extent, it must have been a piece of blue sky to begin with, which means it was more than likely to have been a piece of blue sky after the price drop. That this is so is strongly suggested by the fact that Ed Henning is willing to handle the renewal for no more than $18,900, which is right around half of what Tara Devine wanted.

Of course, the real questions that Tara Devine’s jumping bean figures suggests are first, why did the South Park BID pay her around $80,000 for their renewal, and second, how freaking much money did the Venice Beach Property Owners’s Association pay her to establish their Satanic BID-by-the-sea?

“Why” questions like the first are notoriously hard to answer, but I’m going to bet that, despite President Tara Devine’s pig-headed turned-up-to-eleven intransigence with respect to public records, the second is going to be revealed soon enough.2 Anyway, turn the page for links to the emails, some transcriptions, and the usual good humored bad attitude!
Continue reading President & CEO Tara Huckabee Devine Quoted A Renewal Consulting Price Of $49,000 To The Studio City BID — John Walker Complained — She Lowered It To $36,000, Proving That Her Original BID Was Based On Nothing At All — So Why Didn’t South Park Or Venice Get A Price Break? — Accounting Is Easy When You’re Playing With Other People’s Money — And Why Would None Of Her References Return John Walker’s Phone Calls? — Nothing Good To Say Don’t Say Anything, Perhaps? →

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Business Improvement Districts, Venice Beach BID

The California Board For Professional Engineers Not Only Continues To Refuse To Enforce Professional Standards Against Engineers Involved In BID Formation Even Though They Have No Written Policy To That Effect But Now, After An Initial Show Of Considering Reasonable Counterarguments To Their Unwritten Policy, Have Been Reduced To Intransigent Stalling And Clueless Unprofessional Mockery

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Before a business improvement district can be formed, the Property and Business Improvement District law at §36622(b) requires that a licensed engineer prepare a report supporting the assessment methodology. At least in Los Angeles these reports are pro forma copy/paste monstrosities that are completely unrelated to any actual facts. Now, engineering in California is regulated by the Board for Professional Engineers, and one of their duties is to investigate complaints about unprofessional conduct.

So last year, after the utterly despicably disheartening process of approving the Venice Beach BID came to its tragic end, a resident, fed up with the nonsense promulgated by civil engineer Ed Henning in his report,1 filed a complaint against him with the Board. Amazingly, his complaint was closed unread because, as he was told in a letter by Jackie Lowe, the enforcement analyst who wrote to him, the Board does not consider the preparation of engineer’s reports for business improvement districts to constitute the practice of engineering.

They claim that it’s not within their jurisdiction and, in her letter announcing the close of the investigation, Jackie Lowe told the complainant that “Historically, our Board has deemed these “tax assessment” reports not civil engineering work.” This struck me as being reflective of a Board policy, which was so unexpected that after learning of it I sent a CPRA request to the Board asking for records related to this policy decision.2 After all, if there’s a policy, it ought to be written down so that it can be analyzed and, if appropriate, disputed.

After they ignored me for a long time, their enforcement manager Tiffany Criswell answered and propounded the usual line of nonsense about why they weren’t going to fulfill my request.3 Furthermore, she informed me that there was no written policy stating that the preparation of these engineering reports didn’t constitute the practice of engineering.

Basically she claimed that the Professional Engineers Act, which is the establishing law for the Board, forbade them from investigating anything which wasn’t explicitly defined in the law as the practice of engineering. She seemed to claim that creating a policy was forbidden. That they had to work only from the language of the law.4 I argued that it was pretty clear from the language of the Act that preparing engineer’s reports for BIDs constituted the practice of engineering as described in the Act. Strangely, she seemed to actually listen to my argument. She told me that she would look into it and get back to me.

And listen, when disputing anything at all with a government agency at any level, this counts as a win. So I waited. Heard nothing. Asked what’s up. She said later. Waited. Asked what’s up. She ignored me. Waited. Asked what’s up and CC-ed her boss, the inimitable Mr. Ric Moore. He flipped out and wrote me a weirdly sarcastic email full of malcriado scare quotes and other instances of bitterly bureaucratic sarcasm.

This email convinced me that, even though every aspect of the process remains unresolved, it’s time to publicize matters. Hence this post. The discussion is unavoidably technical, which is why the details are after the break, along with links to and transcriptions of most of the emails involved. As I said in the footnotes already, though, all the emails are available here on Archive.Org.
Continue reading The California Board For Professional Engineers Not Only Continues To Refuse To Enforce Professional Standards Against Engineers Involved In BID Formation Even Though They Have No Written Policy To That Effect But Now, After An Initial Show Of Considering Reasonable Counterarguments To Their Unwritten Policy, Have Been Reduced To Intransigent Stalling And Clueless Unprofessional Mockery →

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Business Improvement Districts

Emails Between Studio City BID Director John Walker And Disgraced BID Consultant Slash Civil Engineer Ed Henning Shed Some Newish Light On The BID Renewal Process — E.G. Lawsuits Against BIDs Have Greatly Complicated Matters But Ed Henning Is “In constant touch with the attorneys defending the City BIDs” — The Agreement Between Henning And The BID Sheds A Lot Of Light On The Still-Unresolved Question Of Whether BID Consultancy Is Lobbying

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As I mentioned the other day, I recently received a huge set of emails from the Studio City BID.1 This is an interesting time to be looking at their correspondence, because the SCBID is set to renew in January 2020, so the process is just now getting started. And although I haven’t had time yet to prep the whole multiGB release for publication, I did get this set of emails between John Walker and Ed Henning ready, along with all the attachments.

Ed Henning, you may recall, is a civil engineer and popular BID consultant. He recently handled the San Pedro BID‘s renewal. He did the engineering report for the South Los Angeles Industrial Tract BID in 2015, the South Park BID in 2017, and, most famously, for the Venice Beach BID establishment in 2016. His work on that last project was so shoddy that it led to a Venice resident filing a complaint against Ed Henning with the California Board for Professional Engineers.2

And, as it turns out, he is also handling the entire renewal for the SCBID, at an estimated total cost of no more than $18,900.3 And although John Walker’s email conversation with Ed Henning was only tangentially responsive to my CPRA request,4 I got a really good set of records.

The emails contain discussions of Ed Henning’s fees, of the various tasks to be completed in the renewal process, of the wisdom of the SCBID’s adding more territory to their BID, of how various lawsuits against BIDs in Los Angeles have complicated the renewal process and of how Ed Henning is being coached by the defense attorneys in those cases on how to modify his Management District Plans and Engineer’s Reports to withstand challenges, and so on.

This is invaluable information for students of the BID consulting process. Turn the page for links, transcriptions, and discussion!
Continue reading Emails Between Studio City BID Director John Walker And Disgraced BID Consultant Slash Civil Engineer Ed Henning Shed Some Newish Light On The BID Renewal Process — E.G. Lawsuits Against BIDs Have Greatly Complicated Matters But Ed Henning Is “In constant touch with the attorneys defending the City BIDs” — The Agreement Between Henning And The BID Sheds A Lot Of Light On The Still-Unresolved Question Of Whether BID Consultancy Is Lobbying →

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Business Improvement Districts, Venice Beach BID

The California Board For Professional Engineers Explicitly, Openly, Refuses To Enforce Professional Standards Against Engineers Who Produce Crack-Headed Nonsensical Reports For BID Formation , With Venice Beach Being A Prime Recent Example, Even Though The Legislature Clearly Intended Some Oversight — This Is An Overt Abrogation Of Their Duty But At Least It Explains The Submoronic Lobotomized Quality Of The Damn Reports

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NOTE: This post turned out to be a lot more complex than I’d originally planned, so here’s a TL;DR:

  1. New BIDs are required to submit a report written by a state-certified engineer explaining why their boundaries and assessments make sense.
  2. Ed Henning, the engineer for the Venice Beach BID, submitted this totally nonsensical report.
  3. One of the same Venice residents who is suing the BID filed a complaint against Henning with the California Board for Professional Engineers alleging that Henning made up a bunch of stuff and otherwise acted incompetently in the report’s preparation.
  4. The Board rejected this complaint with this letter, claiming that they do not consider the preparation of BID reports to be within their jurisdiction. There’s a transcription of this PDF at the very end of this post.
  5. This is yet another example of how no one in the government, state or local, is willing to regulate BIDs at all or hold them accountable for anything.

My recent post on the East Hollywood BID in relation to one of the purposes of the Management District Plan for BID operations, focusing in part on some of the esoteric technicalities of the Property and Business Improvement District Act as it did, reminded me of another topic touching on PBID technicalities I’ve been meaning to write on for a few months now but have not yet, until today, gotten around to dealing with.

One of the required elements of the process of forming a property based BID, imposed by the PBID Law at §36622(n), is:

… a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.

This subsection actually incorporates a requirement imposed on all special assessment districts1 by the California Constitution at Article XIIID(4)(b), which imposes the same requirement in slightly more general language, having as it does to apply to any kind of special assessment:

All assessments shall be supported by a detailed engineer’s report prepared by a registered professional engineer certified by the State of California.

Now, these engineers’ reports which go along with BID formation are particularly interesting documents. First they’re interesting because they’re so mind-numbingly boring. My feeling is that if people write stuff this tedious and impossible to read they’re almost certainly hiding something, which is already of intrinsic interest. Second, they’re interesting because of the sheer unexpected variety of the nonsensical bullshit straight-facedly included in them, about which I’ll have more to say at a later date.
Continue reading The California Board For Professional Engineers Explicitly, Openly, Refuses To Enforce Professional Standards Against Engineers Who Produce Crack-Headed Nonsensical Reports For BID Formation , With Venice Beach Being A Prime Recent Example, Even Though The Legislature Clearly Intended Some Oversight — This Is An Overt Abrogation Of Their Duty But At Least It Explains The Submoronic Lobotomized Quality Of The Damn Reports →

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Fashion District BID, Municipal Ethics, Venice Beach BID

President Tara Devine Begged Fashion District To Hire Her For BID Consulting At $72,000 But They Hired UPC At $55,000 Instead Even Though Estela Lopez Really Loves President Devine And Steve Heumann Had “Front Row Seat” To President Devine’s Work In “Impossible” Venice — President Devine Admits Against Interest That Purpose Of BID Consulting Is To “Effectuate Approval” Of Municipal Legislation

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As you may recall, I’ve been studying the relationships between BIDs and the consultants they hire to guide them through the process of establishing or renewing their BIDs. As part of this work I discovered, e.g., that the Fashion District BID is paying $55,000 to FDBID Executive Directrix Rena Leddy’s former employer Urban Place Consulting for renewal services. But before the Board hired UPC they, acting as the fiscally responsible grownups they are, for whatever reason, presumed to be, solicited proposals from the City’s various BID consultants.

And, although it’s probably not such a surprise given how few BID consultants there are in this City, it turns out that famously shadowy BID consultant Tara Devine submitted a proposal! She didn’t get the job, though, possibly because her bid was almost $20,000 higher than UPC’s. And there are many things to be learned from this document, not least of which is the fact that Tara Devine, utilizing the grammatical voice known technically as “unhinged third person,” refers to herself throughout as “President Tara Devine.”1

The most important information in the document, though, has to do with the scope of services, which contains crucial information for my ongoing project of turning BID consultants in to the Ethics Commission for failing to register as lobbyists. One necessary element of the registration requirement, found in the Municipal Lobbying Ordinance,2 is that a lobbyist be employed “…for the purpose of attempting to influence municipal legislation on behalf of any person.”3

BID renewal requires the City Council to pass two distinct ordinances,4 and this fact is a key element of my my general argument that BID consulting is lobbying. But how much more effective than me arguing for this position to just have President Tara Devine admit herself, in her own words, that when a BID hires her as a consultant they are hiring her to get some legislation passed. Given this admission against interest, she’ll have a hard time arguing that she’s not a lobbyist:

Coordination with City Clerk, HCED Chair, Council President, and Council District 14 to effectuate scheduling and approval of:
o Ordinance of Intention
o Ordinance of Establishment
o Prop 218 Ballot Issuance

Anyway, the whole document is well worth your time to read, although most of it’s merely mockable rather than substantial. Turn the page for transcriptions of some selections, including a bunch of risible testimonials from President Tara Devine’s cronies in BIDlandia and their comments, as filtered through her considerable third-person ego, about her work in Venice and elsewhere.
Continue reading President Tara Devine Begged Fashion District To Hire Her For BID Consulting At $72,000 But They Hired UPC At $55,000 Instead Even Though Estela Lopez Really Loves President Devine And Steve Heumann Had “Front Row Seat” To President Devine’s Work In “Impossible” Venice — President Devine Admits Against Interest That Purpose Of BID Consulting Is To “Effectuate Approval” Of Municipal Legislation →

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