Tag Archives: Jim Omahen

Business Improvement Districts, Public Records Act Pragmatics

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

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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 →

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Announcements, Business Improvement Districts, Hollywood BID Patrol

New Documents! East Hollywood BID Quarterly Reports, Media District BID Emails, Media District BID Materials About Andrews International Security Switcheroo Including Emails, Draft Contracts, Price Matrices, And So On!

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Yesterday I received a bunch of new records from Hollywood BIDboy attorney Jeffrey Charles Briggs, acting on behalf of the East Hollywood BID and also the Media District BID. Some of the stuff had to do with the Media District’s early renewal, which I wrote about yesterday, and today I’m mostly just announcing the balance of the material, which is available from our Archive.Org collections. In particular, we have:

  • East Hollywood BID quarterly reports 2012-2016 — BIDs are required by their contracts with the City to submit quarterly reports with updates on how they’ve been spending their money.5 These are useful to have on hand for reference. There’s nothing in these that stands out right now, but I haven’t read them carefully yet nor even looked at all of them.
  • Media District emails with the City of LA — And also a few from the Hollywood Property Owners Alliance folks, although nothing substantial. Again, it’s essential to have this material on hand for reference. There doesn’t seem to be much of special interest here, although there’s a lot more evidence of Rita Moreno’s uncharacteristically activist style as a BID analyst with the Clerk’s office, which is abstractly a good thing, although certainly she’s not going to be an activist if it upsets the BIDs too much.
  • Media District emails about Andrews International Security contract — The Media District BID is in the process of hiring infamous private security monolith Andrews International as its security provider, to begin July 1. These are some emails about the process. The most interesting things here are the attachments, which include A/I’s standard contract as well as proposed pricing matrices and so on. Andrews International famously runs the infernal Hollywood BID Patrol for the even-more-infernal Hollwood Property Owners Alliance just North of the Media District, so everything about them is interesting. There is much more material to come regarding this matter, and I will write about it in detail as it comes in, but it’s essential enough that I thought I’d better publish what I had immediately.

So that’s the new stuff, all except for one little email which didn’t exactly fit into any of those categories. It appears to constitute attorney/client communications, and perhaps it was handed over in error. But legally handed over it was, so I’m publishing it, and you can see a copy and read all about it after the break!
Continue reading New Documents! East Hollywood BID Quarterly Reports, Media District BID Emails, Media District BID Materials About Andrews International Security Switcheroo Including Emails, Draft Contracts, Price Matrices, And So On! →

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Business Improvement Districts

Almost 1200 More Newly Published Media District BID Emails Now Available

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There’s not much to this morning’s post, but I did manage to get another 1200 Media District emails converted to PDF and posted on the Archive. These are highly miscellaneous both in terms of subjects and senders/recipients. As with the previous batch I was not able to batch-export the attachments. However, because the emails came to me as .eml files I am able to reconstitute attachments individually,6 so if you spot any that you need drop me a line and I’ll forward it/them along to you.
Continue reading Almost 1200 More Newly Published Media District BID Emails Now Available →

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Business Improvement Districts, Municipal Ethics

Latest Entry in LAMC 49.5.5(A) Project: Hollywood Media District BID Seems To Have Paid LAPD Hollywood Division SLO Eddie Guerra $400 In Exchange For Homeless Encampment Cleanups (Ostensibly As A Charitable Donation), But Why Was The Check Made Out To Him Personally?

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Eddie Guerra, kicking ass and taking checks from the Media District BID, $400 at a time.
How much does a private nonprofit organization have to pay an LAPD officer in exchange for him running off some homeless people who are having a barbecue on the sidewalk and scaring the neighborhood zillionaires? Newly received evidence suggests that the going rate is $200 per running-off incident.

It has been more than two months since the last entry in our ongoing LAMC 49.5.5(A) project, in which we report various City employees to the Ethics Commission in an attempt to discover exactly what the most fascinating ordinance ever,7 LAMC 49.5.5(A), actually prohibits. It’s high time for another report, and this is it. First, recall what the law actually says:

City officials, agency employees, appointees awaiting confirmation by the City Council, and candidates for elected City office shall not misuse or attempt to misuse their positions or prospective positions to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.

Our story begins with a six-month long email chain between Hollywood Division Senior Lead Officer Eddie Guerra and a number of people associated with the Media District BID about scary sidewalk-barbecuing homeless people:
Continue reading Latest Entry in LAMC 49.5.5(A) Project: Hollywood Media District BID Seems To Have Paid LAPD Hollywood Division SLO Eddie Guerra $400 In Exchange For Homeless Encampment Cleanups (Ostensibly As A Charitable Donation), But Why Was The Check Made Out To Him Personally? →

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Business Improvement Districts, Hypocrisy, Los Angeles City Government

Miranda Paster Whitewashed Homelessness Out Of The Hollywood Media District BID’s 2017 Annual Planning Report, Thereby Unilaterally Altering The BID’s Proposed Activities And Yet Again Putting The Lie To Holly Wolcott’s Often-Used But Thoroughly Discredited Excuse That The City Of LA Has No Control Over BIDs

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Los Angeles City Clerk Holly Wolcott interpreting the Property and Business Improvement Law of 1994.
One of the many interesting documents contained in the yield of a recent CPRA request to the Hollywood Media District BID is their 2017 Annual Planning Report, the final revised version of which was filed by executive director Lisa Schechter with the City Clerk’s office on December 14, 2016.8 The annual submission of these reports is required by §36650 of the California Streets and Highways Code, part of the Property and Business Improvement District Law of 1994, which regulates the establishment and governance of BIDs in California.

One of the purposes of these reports is to keep the City updated on what the BID plans to do during the new year. In particular, at §36650(b)(2) the law states:

The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: … The improvements, maintenance, and activities to be provided for that fiscal year.

So for instance, the Media District’s plan explains what they’re going to do about cleaning and security, which are two of the core functions of BIDs. Here’s part of their statement on cleaning:

Other expenditures anticipated include tree trimming, purchase of additional trash receptacle, and other similar projects to beautify the District in accordance with the approved Management District Plan.

And part of their statement on security:

Safe Committee meetings address a full range of issues: loitering, public urination, drinking in public, prostitution, vandalism, graffiti, and quality of life issues.

Continue reading Miranda Paster Whitewashed Homelessness Out Of The Hollywood Media District BID’s 2017 Annual Planning Report, Thereby Unilaterally Altering The BID’s Proposed Activities And Yet Again Putting The Lie To Holly Wolcott’s Often-Used But Thoroughly Discredited Excuse That The City Of LA Has No Control Over BIDs →

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Business Improvement Districts

Property Owner and Unwilling Media District BID Member Toni Werk Wonders Where Her $12,000 Went. We Have the Answer!

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Media District BID property owner Toni Werk's parcel at 6065 Melrose Avenue. She's paid over $12,000 into the BID for this piece of land. Where has it all gone? (Image via Google Street View).
On October 7, 2014, Hollywood Media District BID property owner Toni Werk wrote to Jim Omahen, HMD operations director, about her parcel at 6065 Melrose Avenue. The gist of her complaint is this:

For the more than $12,000 that I have contributed to the BID, I, or my tenant, have not received one word of promotion in your newsletter. During business hours, my tenant says he has seen your bike patrol only a few times. And during after hours, there is no one staying on our property to phone your Security Patrol if there is an issue. As I originally did not want to participate in the bid [sic], and I voted no against it again, I have been forced to pay a tax that has not been any benefit to me or my tenant.

Indefatigably feckless dudebro Steven Whiddon running over that long list of MBA jargon in his mind, because it WILL be on the test!
Indefatigably feckless dudebro Steven Whiddon running over that long list of MBA jargon in his mind, because it WILL be on the test!
Jim, rightfully, forwarded this complaint on to his boss, the jolly but rather knuckle-headed Steven Whiddon, who replied, in characteristically evasive1 fashion, replied:

I am happy to report that Captain John Iragoyan [sic] and myself [sic] completed a site visit of your property 6065 Melrose Avenue. We spoke with your leasee, [sic] Tom Pena about the issues you stated in the email below. We made sure he understands we are here to serve and has all of our contact information. He understands that he can contact us at any time to assist with the issues below. …

Thank you again for reaching out to us.2

Notice how Steven doesn’t mention the money at all. Read on to see just where DID that $12,000 go…
Continue reading Property Owner and Unwilling Media District BID Member Toni Werk Wonders Where Her $12,000 Went. We Have the Answer! →

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