I have a couple new sets of documents to announce tonight. First there are tax returns from the Central City East Association from 2014 and 2015, and you can get them:
There’s a little puzzle hidden away in the two new ones. If you can spot it, drop me a line before I write a post on it1 and win a prize! I won’t approve any comments that give it away, though. No spoilers!
Also, in the face of the incredible, probably illegal, intransigence displayed by CD11 Councilmember Mike Bonin and his weirdo staff with respect to CPRA requests, I am making requests of the BIDs in CD11 for emails to/from lacity.org. Most of these are likely to be with Bonin or his staff, which will let us keep track of what’s going on in the District Office even if CD11 just actually won’t answer CPRA requests at all. It might be interesting, it might be useful, but there’s no way to know until we get the goods. The very first installment of this material comes from the Westchester Town Center BID, specifically from its Executive Director Donald Duckworth.2 Just tonight he handed over minutes and agendas from 2016, with a promise of a lot of emails to follow. For now this is only available on Archive.Org. Continue reading New Documents: Central City East Association Tax Returns 2012-2015, Westchester Town Center BID Agendas and Minutes→
I have several questions regarding the BID. The information you provided, coupled with the information/misinformation flying around raises a couple of issues that need clearing up.
I’m interested in Mike’s opinion, as well as your own, on any or all of these.
Less than 40 minutes later, David Graham-Caso forwarded the email3 to Debbie Dyner Harris along with a terse note that said:
Can you please send this to the BID consultant to get her help with the answers?
And a mere 13 minutes after that, Debbie Dyner Harris forwarded the email4 to Tara Devine, stating:
Hi Tara. Can you please respond to her? Thanks
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 homeowner7 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.
As far as I can tell8 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.
I’ve written before on how the City of Los Angeles arranges for itself to be lobbied by BIDs for various reasons. Now it appears that even this usual arrangement wasn’t enough for Mike Bonin and Debbie Dyner Harris at CD11 with respect to the Venice Beach BID. In particular, during the formation process, in December 2015, Dyner Harris emailed Miranda Paster asking if she could have a voting seat on the BID Board of Directors:
Hi Miranda, how are you? I hope all is well. I am checking on something we had discussed a while ago, but I can’t find in my notes. I wanted to confirm whether or not the City, as 1/3 paying member of the BID,10 is allowed to be a voting member on the BID board.
Miranda Paster replied a few days later, stating:
We opt out of sitting on the Board because it may appear to be a conflict of interest. We can sign the petition for a BID and we cast a ballot for the Prop 218 balloting. However, we do not sit on the boards and vote.
The L.A. City Ethics Commission website is a marvelous repository of fascinating minutiae. It more than repays the kind of obsessive poring-over in which we here at MK.Org specialize. Today’s subject is the quarterly reports that every qualified candidate has to submit detailing their expenditures. You can find all of Mike Bonin’s here.12 In particular, take a look at his 3rd quarter report for 2016. On Schedule E, the list of expenditures, note that some items are labeled “Returned contributions.” No reasons are given for the returns, but at least in some cases it’s possible to track down at least some elements of the story via the Google.
Here’s the story so far: In November 2015 the BID Patrol attacked a homeless man while in the process of arresting him. It really looks like excessive force, so, at the direction of Richard Tefank, Executive Director of the Police Commission, in September I submitted a complaint to him and also to Kerry Morrison.14 As I reported two months ago, the Police Commission agreed to investigate my complaint, and assigned it to Officer Ernesto Vicencio.
This morning I have to report to you two developments in my ongoing project to use the California Public Records Act to get the City of Los Angeles to publicly release advance notice of its planned cleanups of homeless encampments. First of all, on October 31 I made yet another request for various kinds of records dated in the future. On November 8, Letitia Gonzalez sent me a number of items, which I’ll share with you below. You may recall that Letitia was responsible for my one success so far in this project, sending me notice on September 28 of a cleanup on September 29. However, this time, not so much. After the break there’s a list of what she sent, what I asked for, and what I think it means.16 There are also some emails from the Central City East Association (part of the material published on Thursday) showing that LA Sanitation does give advance notice of cleanups in some cases. Continue reading Update On Using CPRA To Get Advance Notice Of Homeless Encampment Cleanups: In Theory It’s Working Fine, But In Practice Not So Much→
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.17 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,18 after all the speaker cards had been called, announced to the world at large:19
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.
If you’ve been following the story of the Venice Beach BID at all you will know that the first hearing that the City held on this matter was shown to be invalid via some sharp lawyering by superhero public interest attorney Shayla Myers and that subsequently the City had to call a complete do-over of the process. Well, the time for the do-over hearing is rapidly approaching. It will be held at City Hall on Tuesday, November 8, at 10 a.m. If you can fit it in I hope you can show up and voice your opposition.
And your opposition is being heard by the City. For instance, City Clerk Holly Wolcott was recently quoted in the Argonaut to the effect that
… the drama surrounding the Venice Beach BID is unprecedented. “Since I’ve been in office, we’ve never seen the level of turnout we had for the BID nor had a BID ordinance repealed for these reasons,” she said.
Whether or not we’re ultimately successful in preventing this BID21 is less important than to show the City that they can no longer expect that their BID-building shenanigans will unfold unopposed in the quiet of their formerly smoke-filled back rooms. It’s important to show them that what Wolcott thinks is an anomaly may well be the new normal.
Recall that in August 2016, Mitch O’Farrell and Mike Bonin introduced a motion in Council to attack the homeless by prohibiting RVs from parking overnight in the Media District BID. This was as a result of lobbying by Lisa Schechter, now executive directrix of the Hollywood Media District BID, but formerly Tom LaBonge’s high muckety-muck for something or another. The full story is here. At the time I wondered why David Ryu hadn’t seconded the motion, given that (a) Schechter had lobbied him heavily to do so, and (b) a significant part of the Media District BID is in CD4:
[His non-involvement] suggests the possibility that Ryu isn’t as invested in pleasing these BIDdies as O’Farrell is. Or maybe he’s sitting it out because his staff has made him aware that Schechter’s up to something sneaky.