Tag Archives: North Hollywood BID

SB749 — Maria Elena Durazo’s Proposed Changes To The California Public Records Act Would Fix Two Problems — First — Local Agencies Often Claim That Records Generated By Their Private Contractors Are Exempt As Trade Secrets — This Bill Would State That Such Information Relating To Employment Conditions Is Not In Fact A Trade Secret — Second — This Bill Would Require That Requesters Are Named As Parties In All So-Called Reverse CPRA Actions — In Which A Third Party Sues To Prevent Record Release — And Would Require Parties Who Initiate Unsuccessful Reverse CPRA Actions To Pay Requester’s Fees

Senator Maria Elena Durazo filed SB-749, amending the California Public Records Act, last month, but it was only on Wednesday that it was amended away from a placeholder. The fleshed-out bill addresses two problems with the California Public Records Act.

First, it would state that “records relating to wages, benefits, working hours, and other employment terms and conditions of employees working for a private industry employer pursuant to a contract with a state or local agency shall not be deemed to be trade secrets under the act.” In my experience it’s fairly common for local agencies to claim that records like this are exempt. Sometimes they claim that they’re trade secrets1 and sometimes that they’re material found in personnel files.2

That last claim is pretty clearly bogus, so probably the more serious obstructionists rely more on claims of trade secrets. For instance I had this happen to me with the Fashion District BID in the person of Rena Leddy, who refused to tell me the hourly rates of the BID’s renewal consultant, Urban Place Consulting. That is, until a kindly lawyer sent them a not-so-kindly demand letter on my behalf. Then they coughed the goods right up.3 So if the bill passes with this bit intact they won’t be able to do that any more, and the personnel file claim is functionally a non-starter, so that’ll be good.

Incidentally, while I understand the danger of letting the perfect be an enemy to the good, I would still just like to say that the problem being solved here is at best a minor particular instance of a much larger family of problems involving records owned by private contractors who are working for public agencies. That is, that the agencies can write the contracts so that the contractor owns the records and the agency explicitly does not have access to them.

The Hollywood Property Owners’ Alliance famously did exactly this in 2016 with the Andrews International BID Patrol. Kerry Morrison even admitted under oath that the purpose of the change was to thwart my CPRA requests. And the judge ruled that it was allowable under California law for them to do this, and even to make the change retroactive.

But such is not the law in every state. For instance, Florida Statutes section 119.0701 makes pretty much all records generated by private contractors subject to the CPRA if they relate to work done for a public agency. It’s a really powerful, really beautiful statute. We need a version here, and this bill is not it. But it’s not bad.

The second issue addressed by Durazo’s bill has to do with reverse CPRA actions. In these suits a third party, e.g. a police union, sues to prevent a public agency from releasing records to a requester. The Court of Appeal held last year that the third party is liable for the requester’s fees if they lose, and this bill would formalize that finding by putting it into the statute. The bill also requires that the requester be brought into a reverse CPRA action as a party, I assume so that the case can’t be heard without the requester’s input.

And finally, and this may be the most powerful part, the law would forbid a court from ordering that a record be withheld if the order is based on a discretionary exemption. But most of the exemptions are discretionary. In fact I kind of think that all of them are, but maybe there’s something I don’t understand. This clause alone will make it harder to win reverse CPRA actions, as it should be. Turn the page for a transcription of the legislative counsel’s digest and the proposed new statutory language.
Continue reading SB749 — Maria Elena Durazo’s Proposed Changes To The California Public Records Act Would Fix Two Problems — First — Local Agencies Often Claim That Records Generated By Their Private Contractors Are Exempt As Trade Secrets — This Bill Would State That Such Information Relating To Employment Conditions Is Not In Fact A Trade Secret — Second — This Bill Would Require That Requesters Are Named As Parties In All So-Called Reverse CPRA Actions — In Which A Third Party Sues To Prevent Record Release — And Would Require Parties Who Initiate Unsuccessful Reverse CPRA Actions To Pay Requester’s Fees

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More than 200 MB Of New Hand-Scanned Documents From Figueroa Corridor BID and North Hollywood BID, Heavily Redacted For No Discernable Reason, But Interesting Nevertheless!

For the last few months I’ve been posting a lot of records from:

But I haven’t discussed the fact that these releases weren’t complete. In each case, Aaron Aulenta of Urban Place Consulting, who seems to be in charge of both of these BIDs, claimed numerous exemptions to the Public Record Act and told me that there was a bunch of material that he was printing out and redacting by hand on the basis of these exemptions.

Well, for various reasons I wasn’t able to get over to the offices of the FCBID to look at this stuff until Tuesday. Aaron Aulenta was kind enough to let me scan it instead of paying the usual outrageous copying fees that BIDdies habitually claim to be allowed to collect, and, after some minimal processing, I’m pleased to announce that it’s now available on Archive.Org. There’s some pretty interesting stuff in there, but it turns out that in this case the most interesting stuff is what’s not in there.

That is to say, the most interesting aspect of this release is what Aaron Aulenta thought that he was justified in redacting. Perhaps you recall that the California Public Records Act only allows for material to be redacted or withheld if one or more of the explicit enumerated exemptions to be found in the statute applies. There’s one exception to this principle, to be found in the infamous §6255(a), which states:

The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.

As you can imagine, BIDdies1 freaking love this last bit. It’s the most abused section of the law, with BIDdies, stoned out of their minds on white privilege and steeped in their delusional2 theory that laws are written and enforced for no better reason than to preserve and augment their power and wealth, claiming randomly that pretty much any piece of information they feel might embarrass them or their lackeys is exempt under this so-called public interest exemption.

For your future reference, there are at least two dispositive signs that this clause is being misused. First, they will refuse to state what public interest they feel is clearly being served by their withholding of the information. You’ll note that the law requires them to make this judgment on the particular facts of the case, which do not, can not, include a vague wave of the hand towards a claim of “I don’t heart that.”

Second, they will state semantically empty summary phrases which purport to refer to actual exemptions but, in fact, do not. Aaron Aulenta’s favorite of these seems to be “the benefit does not outweigh the burden.” It’s not exactly clear what the hell he’s thinking when he says this, and getting my hands on all these redacted documents has made it less rather than more clear, as you will see from the specific examples to be found after the break.
Continue reading More than 200 MB Of New Hand-Scanned Documents From Figueroa Corridor BID and North Hollywood BID, Heavily Redacted For No Discernable Reason, But Interesting Nevertheless!

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Sunday Morning Document Dump: Emails From Fashion District, Figueroa Corridor, North Hollywood, Downtown Center, Also Fashion District Transactions February Through April

Greetings, friends! If you’ve been wondering what you were going to do this morning after finishing off the Times crossword1 here are a bunch of new public records for your reading pleasure. There’s no single document here that’s mind-blowingly important, but, as I have mentioned many and many a time, we all are strong believers around here in the Mosaic Theory of Intelligence Gathering, and these are just more puzzle pieces, some of them quite important qua puzzle pieces!2

And turn the page for more emails: North Hollywood BID, Figueroa Corridor BID, and our old friends, the Downtown Center BID!
Continue reading Sunday Morning Document Dump: Emails From Fashion District, Figueroa Corridor, North Hollywood, Downtown Center, Also Fashion District Transactions February Through April

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Saturday Morning Document Dump! Skid Row Neighborhood Council Conspiracy, Beaucoup De Bylaws, Form 990s Galore, Emails, Emails, Emails, And More, More, More! Larchmont Village, Fashion District, Figueroa Corridor, North Hollywood!

So much new material to announce!

  • Emails from Fashion District BID about Skid Row Neighborhood Council — This is clearly the most important item I have to announce today so I’m putting it first. If you’re interested at all in how the Downtown zillionaire elite crushed the SRNC formation effort you’ll want to read this stuff. There is what appears to be new evidence about the identities of the people behind the infamous United Downtown LA front group that hired Rocky Delgadillo to write a demand letter to City Council over the SRNC, although there’s still no smoking gun. I will be writing more about this material, but it may take a few days, and I wanted to get it before you as quickly as possible.
  • Figueroa Corridor BID emails — Between the BID and the City of LA, also USC, also Securitas. Various time ranges.
  • North Hollywood BID emails — City of LA and their security provider. Various date ranges.
  • Figueroa Corridor BID tax forms — From 2013 through 2015. It’s interesting to learn here that the Figueroa Corridor BID has been “IN THE PROCESS OF DEVELOPING A CONFLICT OF INTEREST POLICY, WHISTLEBLOWER POLICY, AND DOCUMENT RETENTION AND DESTRUCTION POLICY.” at least since 2013, with no sign of actually producing anything. Ah, sigh.
  • North Hollywood BID tax forms — From 2013 through 2015. It’s interesting to learn here that this BID and the Figueroa Corridor BID, both of which are administered by our old friends at Urban Place Consulting, turns in copypasta from the FCBID on their tax forms. Just for instance, they too have been “IN THE PROCESS OF DEVELOPING A CONFLICT OF INTEREST POLICY, WHISTLEBLOWER POLICY, AND DOCUMENT RETENTION AND DESTRUCTION POLICY.” at least since 2013, with no sign of actually producing anything.

And turn the page for beaucoup de bylaws and some interesting preliminary material on the privatization of public space in the San Fernando Valley. Most interestingly, there is a very rare appearance of some new material from the outlaw stronghold known to the world as the Larchmont Village BID!
Continue reading Saturday Morning Document Dump! Skid Row Neighborhood Council Conspiracy, Beaucoup De Bylaws, Form 990s Galore, Emails, Emails, Emails, And More, More, More! Larchmont Village, Fashion District, Figueroa Corridor, North Hollywood!

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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

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New Documents! Emails Between The City Of LA And Wilshire Center BID, Figueroa Corridor BID, and North Hollywood BID, Also East Hollywood BID Emails Concerning The BID Consortium, And Also BID Consortium Agendas From 2016

So much stuff to announce this morning! Here’s a brief list with links, and there’s a more detailed list after the break.

Continue reading New Documents! Emails Between The City Of LA And Wilshire Center BID, Figueroa Corridor BID, and North Hollywood BID, Also East Hollywood BID Emails Concerning The BID Consortium, And Also BID Consortium Agendas From 2016

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More Than Two Months After Its Business Improvement District Came Into Being, The Venice Beach Property Owners’ Association Has Not Yet Signed An Administration Contract With The City Of Los Angeles, But A Comparison With Other Recent BID Establishments Suggests That This May Not Mean Much

Carl Lambert, officer of the Venice Beach Property Owners Association, as he might have appeared on the cover of the late lamented Berkeley Barb which, given the parallel tragedies which have befallen both Berkeley and Venice, is kind of appropriate in a way sorta kinda..
Well, since the first of the year, I have been obsessively checking the contract search tab of the City Clerk’s Council File Management System for any sign of an agreement between the City and the Venice Beach Property Owners Association, as that criminal conspiracy between Carl Lambert and his unindicted co-conspirators Mark Sokol and Steve Heumann is known to the world, for the administration of the Venice Beach BID. The CFMS1 is an essential tool, but its built-in search engine is freaking horrible, and it seems even horribler2 when searching contracts. So the fact that no contract popped up day after day after day didn’t exactly fill me with confidence in the theory that no such contract existed.

But today, after two freaking months with no sign of it, I finally emailed the ever-helpful3 Shannon Hoppes to ask if there was a contract or not. She answered quickly and told me that there was not yet any such thing. Well, hope springs and so on. Into my head sprang joyous visions of Carl Lambert and his infernal BID-buddies Mark Sokol and Steve Heumann being so overwhelmed with the furor and pushback called into being by their infernal BID that they took their BID-ball and went home. They are being sued, their shadowy BID consultant, the Divine Ms. Tara Devine, has as shaky a grasp on the law and also on the truth and also on basic human decency as her freaking clients, and maybe the pressure was all just too much for them, mused I.

But it also occurred to me that maybe it didn’t mean anything, and it was just runna-the-mill incompetence and sloth. So I decided to check out other recent BID establishments and compare. What I found proves that, while there has been a longer than average delay between the establishment of the VBBID and the signing of the contract, it’s not an outlier, nor is it the longest such lag time among property-based BIDs established in the last few years. Thus while this at-least-two-month delay between the BID establishment may yet turn out to be a sign of good things to come with respect to this BID, for now it’s not possible to draw any conclusions at all about it. Turn the page for the technical details.
Continue reading More Than Two Months After Its Business Improvement District Came Into Being, The Venice Beach Property Owners’ Association Has Not Yet Signed An Administration Contract With The City Of Los Angeles, But A Comparison With Other Recent BID Establishments Suggests That This May Not Mean Much

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