# An Unforced Error By Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs Provides Unique Insight Into The Thoroughly Cynical, Thoroughly Bogus Nature Of BIDs’ Use Of The Deliberative Process Exemption To The California Public Records Act — They Even Used It In One Case To Cover Up A Blatant Brown Act Violation

One of the biggest flaws in California’s Public Records Act is that the various local agencies that constitute our government are trusted to search their own records, decide without oversight what’s responsive to requests and, worst of all, decide what’s exempt from production. My general feeling about BIDs and record searches is that they purposely don’t find everything, about their exemption claims that they’re mostly lying.

Unfortunately, without a lawsuit, it’s not realistically possible to get a look at records for which they’ve claimed exemptions.1 Hence it’s not usually possible to check how closely this feeling corresponds to reality. However, due to an interesting confluence of events, I recently obtained a number of emails between various people at the Hollywood Media District BID for which their lawyer, Jeffrey Charles Briggs,2 had claimed exemptions, thus making it possible to compare his claims with the actual records. Unsurprisingly the exemption claims turned out to be $99\frac{44}{100}\%$ pure and unadulterated nonsense. You can find the emails and some analysis after the break, but first I’m going to ramble on a little about some tangentially related issues.

Like many policies, this default assumption of honesty on the part of local agencies no doubt works when it works, but when it comes to the BIDs of Los Angeles, who are staffed, for the most part, with the most unscrupulous bunch of pusillanimous chiselers ever to engorge their bloated reeking tummies at the public piggie trough, it doesn’t work at all.3 They lie, they confabulate, they delude themselves and others, and generally display utter and overweening contempt for the rule of law.4

And nowhere does their misbehavior reach a more fevered pitch than in the use of the so-called “deliberative process” exemption to the CPRA. In short, this is an exemption that courts have built up out of the “catch-all” exemption to CPRA, found at §6255(a), which says:
Continue reading An Unforced Error By Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs Provides Unique Insight Into The Thoroughly Cynical, Thoroughly Bogus Nature Of BIDs’ Use Of The Deliberative Process Exemption To The California Public Records Act — They Even Used It In One Case To Cover Up A Blatant Brown Act Violation

# The Hollywood Chamber Of Commerce Amended Its Lobbying Registration Form in April 2017 And The Only Change Was The Date They Qualified — More Interesting, Though, Is The Fact That They Consider Their Pro-Establishment Advocacy For Jeff Zarrinnam’s Inchoate Hollywood-Western And Route 66 BIDs To Be Lobbying Activity

It’s well-known that the Municipal Lobbying Ordinance requires lobbyists of all stripes to register with the City Ethics Commission. The Hollywood Chamber of Commerce is no exception to the rule.1 They are also required to amend their registration forms if there are any material changes in the information provided.2

And as you know if you follow this blog, I find everything to do with lobbyists in Los Angeles fascinating, and thus I haunt the Ethics Commission’s lobbying pages, poring over the alphabetical lists of individual lobbyists and of lobbyist firms and employers to see if anything’s changed or if something is newly interesting.

And lo! Last night I noticed that our old friends, the Hollywood Chamber of Commerce, had amended their registration form on April 28. Here are the two forms:

Well, I stared and stared and stared at those two forms just trying to figure out what had changed. Eventually I noticed that the original form had January 31, 2017 as the date they’d qualified as a lobbying entity3 whereas the amended version had January 1, 2017 as the day of qualifying.

There’s a lot of information on the forms, though, and I didn’t feel confident that the difference I’d noticed was in fact the only difference. I wasn’t sure what do to until this morning, when it occurred to me that if I put both pages into the GIMP, superimposed one on top of the other, and then faded the opacity up and down I’d be able to notice what changed.4 And it turns out that in fact, it’s correct that the only change was the date of the Hollywood Chamber’s qualifying as a lobbyist.

Which leads irresistibly to the question of why Leron Gubler and/or Nicole Shahenian, who are the Hollywood Chamber’s two registered lobbyists, felt the need to make this tiny change. Read on for speculations and some other chit-chat about the fact that Leron Gubler lists the establishment of the Hollywood Western and the Route 66 BIDs as issues the Chamber is lobbying for this year.
Continue reading The Hollywood Chamber Of Commerce Amended Its Lobbying Registration Form in April 2017 And The Only Change Was The Date They Qualified — More Interesting, Though, Is The Fact That They Consider Their Pro-Establishment Advocacy For Jeff Zarrinnam’s Inchoate Hollywood-Western And Route 66 BIDs To Be Lobbying Activity

# Urban Place Consulting Charged Palisades BID 62% Less For Establishment Than They Are Charging Fashion District For Renewal, $21K vs.$55K. The Resulting Linear Model Suggests That Each Additional Parcel Adds Around $18 To The Price Of BID Consultancy, But Comparison With San Pedro Casts Some Doubt On Accuracy This chain of emails from December 2015 reveals that the Pacific Palisades Business Improvement District paid Urban Place Consulting$21,000 for guiding the establishment process and an additional $4,000 to the consulting engineer.1 This is yet another piece of the BID consultancy puzzle that I’ve been trying to decipher since it became clear that almost certainly BID consulting qualified as lobbying under the Municipal Lobbying Ordinance and that almost all of the qualified consultants were breaking the law by not being registered with the City Ethics Commission like, e.g., Tara Devine.2 And this small piece of evidence is especially valuable given the fact that by now it’s essentially impossible to coax records out of the Palisades BID. They’ve even hired a lawyer specifically to thwart my requests, as if the bred-in-the-bone intransigence3 of PPBID ED Laurie Sale, which presumably they’ve already paid for, weren’t enough in itself. In particular, because we already knew that Urban Place was charging the Fashion District$55,000 for renewal consulting and because it’s the first time we’ve known the rates that a single consultant is charging two different BIDs, it’s possible for the first time to attempt to model UPC’s fee structure. The gory details are available after the break, but the upshot it’s possible to estimate that UPC’s baseline fee for establishing/renewing an ideal BID with zero parcels in it is about $19,583 and that each additional parcel adds a little more than$18 to the cost of establishing/renewing the BID.
Continue reading Urban Place Consulting Charged Palisades BID 62% Less For Establishment Than They Are Charging Fashion District For Renewal, $21K vs.$55K. The Resulting Linear Model Suggests That Each Additional Parcel Adds Around \$18 To The Price Of BID Consultancy, But Comparison With San Pedro Casts Some Doubt On Accuracy

# Kosmont Invoices For Gateway To LA BID Reveal How Much Time It Takes To Get A BID Renewed, And It Doesn’t Look Good For BID Consultants, Like Tara Devine, Like Urban Place Consulting, That Are Not Registered As Lobbyists With The City

You may recall that the Los Angeles Municipal Lobbying Ordinance requires qualified lobbyists to register with the City Ethics Commission and also disclose a bunch of interesting information about their clients and their income. Also, the process of establishing or renewing a BID is fairly complex, and most property owners’ associations1 hire a consultant to guide them through the process. These consultants are regulated and recommended by the City Clerk’s office.

The process of getting a BID established or renewed, it turns out, looks an awful lot like the definition of lobbying activity to be found at LAMC §48.02, which is essentially preparing information and discussing it with City officials as part of influencing the passage of municipal legislation. The law requires anyone who’s paid for thirty or more hours of this over three consecutive months to register as a lobbyist, and it’s generally extremely hard to prove that someone’s met this criterion. You may, e.g., recall that earlier this year, in order to make a reasonably convincing case that Venice Beach BID consultant Tara Devine had passed this threshold, I spent months piecing together more than a hundred pages of evidence regarding her BID consultancy work.

But recently it’s occurred to me that these consultants have contracts with the BIDs they service, and that at least in the case of BID renewals, the contracts will be accessible via the Public Records Act.2 The contracts will contain some information about how much time the consultants spend on the project, and thus should be useful as evidence in reporting consultants to the Ethics Commission for lobbying without a license.

The project started to produce results at the end of February, when the incomparable Laurie Hughes of the Gateway to LA BID supplied me with her BID’s contracts with Larry Kosmont, who was handling the renewal process.3 Well, late last week, Laurie Hughes gave me an absolutely essential set of documents, consisting of detailed monthly invoices from Kosmont to the BID during the 15+ month renewal process. These are fascinating,4 containing as they do detailed inventories of every individual task involved in the renewal process broken down into fifteen minute billing increments. Turn the page for more descriptions, discussion, and speculations.
Continue reading Kosmont Invoices For Gateway To LA BID Reveal How Much Time It Takes To Get A BID Renewed, And It Doesn’t Look Good For BID Consultants, Like Tara Devine, Like Urban Place Consulting, That Are Not Registered As Lobbyists With The City

# New Documents: Lisa Trifiletti and Omar Pulido Emails, Wilshire Center BID And East Hollywood BID Emails To/From City Of LA From February 2017

This is just a short note to announce three new sets of documents for your entertainment, your edification, and, if you’re interested, a little puzzle for you to solve.

First we have a couple of monthly sets of emails between BIDs and the City of Los Angeles. This turns out to be a useful request for keeping finger on pulse, often leading to unexpected discoveries, so I make it every month of all my favorite BIDs.1 Perhaps there are some lurking here:

And turn the page for the most interesting item of all for today!
Continue reading New Documents: Lisa Trifiletti and Omar Pulido Emails, Wilshire Center BID And East Hollywood BID Emails To/From City Of LA From February 2017

# New Documents: Palisades BID Bylaws, Gateway To LA BID Homeless Outreach Collaboration With Heirs Of Sister Aimee In Venice, And Beaucoup De Minutes From North Hollywood, Figueroa Corridor, and East Hollywood

So much new stuff! Here’s the list, friends:

And turn the page for minutes, minutes, minutes, and more minutes. Hours worth of minutes!
Continue reading New Documents: Palisades BID Bylaws, Gateway To LA BID Homeless Outreach Collaboration With Heirs Of Sister Aimee In Venice, And Beaucoup De Minutes From North Hollywood, Figueroa Corridor, and East Hollywood

# New Documents: January 2017 Emails Between East Hollywood BID and City of LA, Also Gateway To LA BID By-Vendor Reports

Just a brief note to announce a couple more sets of documents:

# Eugene Van Cise Of The Los Angeles City Clerk’s Office Rode Around The Gateway To LA BID On His Bike In July 2016 As Part Of What He Referred To As A “BID Inspection” And Then Complained To Executive Director Laurie Hughes About Litter On 96th Street, Which Raises An Interesting Question About The Clerk’s (Lack Of) BID Oversight

One of the emails in massive dump recently supplied by the Gateway to LA BID Executive Director Laurie Hughes was to her from City BID Analyst Eugene Van Cise. You can read it here for yourself,1 and the full text is available after the break, as always.

The short and long of it is, though, that in July 2016, Eugene Van Cise rode his bike around the Gateway to LA BID as part of what he called “a BID inspection” and then told Laurie Hughes that there was litter on the south side of 96th Street.2 He didn’t actually tell her to get the litter cleaned up, which seems kind of passive-aggressive on the part of Eugene Van Cise, but I suppose that that his the subtext. Now, this is the first time in my many years of intensive BIDological studies that I’ve heard of “BID inspections.” I don’t know if they’re new or have just been under my radar till now. Of course I welcome any kind of oversight of BIDs by the Clerk’s office, and there have been sporadic examples before now, but they’re weirdly inconsistent. Turn the page for details and discussion!
Continue reading Eugene Van Cise Of The Los Angeles City Clerk’s Office Rode Around The Gateway To LA BID On His Bike In July 2016 As Part Of What He Referred To As A “BID Inspection” And Then Complained To Executive Director Laurie Hughes About Litter On 96th Street, Which Raises An Interesting Question About The Clerk’s (Lack Of) BID Oversight

# Tons of New Documents: Gateway To LA BID Emails And Minutes, Also South Los Angeles Industrial Tract Minutes

This is just a brief note to announce the publication of a bunch of stuff from the Gateway to LA BID out by the Airport. Its executive director, Laurie Hughes, is a pleasure to work with. She’s calm, professional, has read the law, and abides by it. She and Mr. Mike Russell of the Wilshire Center are absolutely the two best BIDdies to work with when it comes to CPRA. There are also some minutes from the SLAIT BID. But enough fuzzies, and on to the goodies!

First, from the South Los Angeles Industrial Tract, we have Board meeting minutes from 2007 through Feb. 2016. I have a request out for the more recent ones, and look for them here soon.1 Much more importantly, as I mentioned above, Ms. Laurie Hughes has just recently provided me with a ton of emails and Board minutes, and you can find links and descriptions after the break.
Continue reading Tons of New Documents: Gateway To LA BID Emails And Minutes, Also South Los Angeles Industrial Tract Minutes