Councilmember Mitch O’Farrell, dressed as Neville Chamberlain and performing for tips on Hollywood Blvd, holds up a copy of agreement with HPOA Executive Director Kerry Morrison announcing his willingness to cede control over the Sudetenland Hollywood and Highland to her in exchange for peace in our time.According to an article in today’s Times by Emily Alpert Reyes and Nina Agrawal, the Los Angeles City Council is set to act today1 on Council File 15-0798, opened last June by Mitch O’Farrell and Tom LaBonge, ordering Mike Feuer’s office to write a draft ordinance regulating street characters on Hollywood Boulevard between Highland and Orange.
John Tronson’s body double posing for a headshot in 2014.If you want to read it, here is the “President’s Message”, originally published over then-HPOA-president John Tronson’s name in the Summer 2014 issue of the HPOA’s quarterly newsletter, HEDLines.2Let’s examine some of the highlights! First about the street characters:
LAPD has been quite proactive in their efforts to address lawbreakers amongst the cast of characters and vendors that populate the sidewalks in front of the Dolby Theatre. There has been an improvement over last summer, possibly due to the commitment of two undercover task forces doing surprise enforcement every month. Though this represents a huge devotion of resources by the department to this effort, it helps to reinforce that laws must been [sic] adhered to and weeds out the trouble-makers. We are very appreciative of this strategy.
Oh wait!!! That’s not actually from John Tronson’s essay. What he wrote was:
Zarcone and Palka heard loud and clear the community’s frustration with the bad behaviors of the cast of characters and vendors that populate the sidewalks in front of the Dolby Theatre. The summer of 2014 is shaping up to be much calmer likely due to the commitment of an undercover task force doing surprise enforcement twice a month. Though this represents a huge devotion of resources by the department to this effort, it helps to reinforce that laws must be adhered to and it weeds out the trouble-makers. We are very appreciative of this strategy.
Mike Feuer’s office evidently exercises more prosecutorial discretion than average, at least when it comes to the BID Patrol, which may not be saying much…I recently obtained a 2013 list of people most arrested by the BID Patrol beginning in 2007. Since Kerry Morrison has told me3 that neither the HPOA nor Andrews International tracks outcomes of arrests made by the BID Patrol, I asked the City Attorney to run a report on all cases involving these people sent to them for prosecution.4 I subsequently tallied up the arrests and the referrals for the time period by hand5 and it turns out that the vast majority of cases involving BID Patrol arrests are not even referred for prosecution, and among those that are, over half are rejected. The data is incomplete and subject to some interpretation, but it appears that less than 20% of these cases are actually prosecuted.6 In particular, there are 1144 arrests of these 44 people between 2007 and 2013. Of these, no more than 407 (35.6%) were referred for prosecution. Of those cases, 222 were rejected for various reasons and the rest seem to have been prosecuted.
This is an astonishingly low rate if one thinks that the purpose of arresting people is to stop them from breaking the law, and it’s harmful both to the people arrested and to society at large. The incomparable Alexandra Napatoff, writing about misdemeanor convictions (although her argument is as strong regarding the arrests themselves, and even more so if the conviction rate is so very low), puts it like this;
Joe Mariani, right up front, smilin’, man…ahh, beautiful! Well, here is a bunch of emails, which we obtained from the Los Angeles City Attorney using the California Public Records Act, between BID employees Smilin’ Joe Mariani and Kerry Morrison and various people that work for the City of Los Angeles. We join the story when Joe writes to Gary Benjamin, who is eyeglass-fashionista Councilguy Mitch O’Farrell’s something-or-another for what-passes-for-planning-at-200-Spring-Street. It seems the boys met up in early September 2014 at an HPOA “Streetscape2 Committee” meeting, giving Joe a pretext to renew the big ask: CD13 employee Gary Benjamin, who “enjoys…good urbanism.”
Great seeing you today at the Streetscape Committee meeting. As I mentioned, if you can please follow up with GSD3 and ask when our lease will be ready for the Cherokee space we would appreciate it [sic]. According to our vendor we are supposed to be off the Selma parking lot by the end of September, so the sooner we can move in the better.
So the BID needs some space and they’re going to lease it from the city. So far, so good. After all, they’re a public agency created by the city to do the city’s work. On September 9, 2014, Gary responds, saying he’ll check into it. On September 23, 2014, Gary announces that there’s a little problem. Says Gary:
Joe,
I have some bad news regarding the prospect of getting the lease in a timely manner. I checked in with the General Services Department (GSD) a couple weeks back and they said they were still not authorized to issue the lease, despite the approved Council motion.4 This seemed ridiculous to us, as the language of the motion came from Rene Sagles5 and he assured us the motion would be sufficient. GSD staffers were aware of the motion as it moved through the ITGS6 Committee, and yet they raised no red flags. In the last week, I’ve been in further communication with GSD, the City Attorney’s office and Rene Sagles. Apparently, DOT have not been following City standards regarding lease of space for some time now. Recently the City Attorney took note of this issue and has forced them to undergo a more rigorous public solicitation RFP process. Your lease process has dragged on for so long because of a lack of communication between DOT and GSD and a general uncertainty among the bureaus about how to proceed.
I now have Melody McCormick of GSD working with DOT and the City Attorney to draft a new “sole source” motion that will explain why the normal RFP process was not followed and why the HPOA should get this lease. They have told me they can have the motion ready by the end of the week. We will work to waive it from ITGS committee and get it approved at Council next week ideally. Then the City Attorney will need to draft the lease. It will still be another month, at the earliest, until the lease will be issued. I’m really sorry about all this confusion and for losing time pushing forward a motion that was insufficient.
