Tag Archives: Property and Business Improvement District Law of 1994

Shadowy BID Consultant Tara Devine Seems To Get Paid About $80,000 For Establishing A BID, Which I Managed To Discover Despite The Fact That She’s So Darned Secretive

February 4, 2017 Mike Leave a comment

Shadowy BID consultant Tara Devine looks fate’s oncoming train straight in the eye.

There’s an unresolved problem in the application of the California Public Records Act to business improvement districts. The thing is that the Property Owners’ Associations which administer the BIDs are, in part, subject to CPRA because §36612 of the Property and Business Improvement District Law of 1994 makes them so, stating that:

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. … an owners’ association shall comply with the California Public Records Act … for all records relating to activities of the district.

The problem is that the Owners’ Association doesn’t seem to be required to comply with CPRA until it actually is under contract with the City. This, if accurate, means that the activities of the POA before the BID is approved are largely opaque to scrutiny. And this has been a severe problem in the case of the Venice Beach BID, where a number of people, not just me, have had the experience of CD11 staff,¹ City Clerk staff, and even freaking Holly Wolcott herself, falsely denying that the City is involved in the BID formation process at all and telling members of the public that they should therefore seek information from shadowy BID consultant Tara Devine. Tara Devine, of course, ignores all requests for information from anyone who seems to be even a little skeptical about the benefits of BIDs.

None of this is the final word on the matter. The only reason that the legislature even made BIDs subject to CPRA is that Aaron Epstein, a brave and determined property owner, sued the living shit out of the Hollywood Property Owners Alliance² in the 1990s and the Courts determined, in a stunningly righteous decision, that BIDs were subject to both CPRA and the Brown Act. It’s quite possible, perhaps even probable, that if the courts were asked whether or not POAs were subject to CPRA before the contract was signed, they would find that they were. However, that’s not a struggle in which I presently have the resources to engage, so alternative methods of information collection are required.

Fortunately,³ Tara Devine is not a one-BID woman. See, in 2015 the South Park BID was up for renewal.⁴ The process of BID renewal is essentially the same as the process for BID establishment, with the huge difference that it’s carried out by a POA that’s already under contract with the City, and is thus subject to CPRA. And thus was it possible to gather surprisingly much information about how Tara Devine conducts her dangerous business!⁵ Continue reading Shadowy BID Consultant Tara Devine Seems To Get Paid About $80,000 For Establishing A BID, Which I Managed To Discover Despite The Fact That She’s So Darned Secretive →

Business Improvement Districts, Los Angeles City Council, Los Angeles City Government

What Does The City Of Los Angeles Consider “A Significant Number Of Protests” Against BID Formation Or Renewal? A Tragic Lesson From A Failed 2016 Attempt To Disestablish The Los Feliz Village BID

January 21, 2017 Mike Leave a comment

Looking south along Vermont Avenue from Russell Avenue in 1974 (with a good old triangular RTD sign in the foreground!). The trees are bigger now, but otherwise is Los Feliz Village really better off 43 years later?

Long-time readers of this blog will recall that the locus classicus of operational BID policies in the City of Los Angeles is to be found in Council File 96-1972, which is too old to have actual documents online, but I scanned and published a number of them last year.¹ Therein may be found the City’s BID Policy and Implementation Guidelines, which are meant to provide an L.A.-specific implementation of the Property and Business Improvement Law of 1994.

Chapter 2 of that law describes the process for establishment and renewal of a BID,² and it’s remarkable how tentative, how conditional the process is. It’s well-known by this point that in order for a BID to be formed it’s necessary that property owners representing more than 50% of the assessed value be in favor.³ It’s necessary, but it by no means sufficient. Section 36625(a) very clearly leaves the question of formation up to the Council:

If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation…

The only mandatory requirement with respect to BID establishment in the whole Chapter is found in Section 36623(b), which says that if owners holding 50% or more of the assessed value are opposed to the BID, not only can it not be formed, but no further attempts can be made to form it for a year.

And the discretionary nature of the process is reflected in the City’s BID Policy and Implementation Guidelines as well. Therein it states:⁴
The City Council can proceed with the BID if the protest is less than 50%. However, BID proponents are cautioned that they should not expect a favorable vote from the City Council with a significant number of protests.

From the context it’s clear that the policy means that there is some threshold of protest less than 50% with respect to which the Council will not establish the proposed BID even though the Property and BID Act would allow them to do so.

Thus the question arises as to what this threshold is. Well, it turns out that an episode early last year involving the Los Feliz Village BID sheds some light on this question.⁵ The short answer is that business owners⁶ representing 16.95% of the assessed value protested, an unprecedented number,⁷ and yet City Council renewed the BID unanimously. Turn the page for a detailed recounting of the tragic details!
Continue reading What Does The City Of Los Angeles Consider “A Significant Number Of Protests” Against BID Formation Or Renewal? A Tragic Lesson From A Failed 2016 Attempt To Disestablish The Los Feliz Village BID →

Business Improvement Districts, Hollywood Property Owners Alliance, Public Records Act Pragmatics

New Documents: StreetPlus Proposal And Contract With SLAIT BID For Security Services, 2016 Emails Between Lisa Schechter And Kerry Morrison/Devin Strecker

January 7, 2017 Mike Leave a comment

Today I have two new sets of documents to announce. First, the South Los Angeles Industrial District BID recently dropped Universal Protection Service¹ as its security provider and hired StreetPlus to replace them. This seems to be a trend amongst our LA BIDs, probably encouraged by the fact that unlike UPS and Andrews International, StreetPlus specializes in BID security rather than security in general.

Other recent switchovers are the Downtown Center BID, the Historic Core BID, and both South Park I and II. Also the HPOA switched its cleaning contract to StreetPlus last year. This company is turning out to be a crucial player in the LA BID game, so I’ll be focusing some attention on them from now on. The first fruits of this are the 2016 proposal and resulting contract between StreetPlus and the SLAIT BID. There are some ancillary materials included there as well. This material is not only intrinsically interesting, but it has a lot to tell us about security in other BIDs. There’s some discussion and some more links after the break.

Also, I have 29 emails between Lisa Schechter of the Hollywood Media District BID and Kerry Morrison/Devin Strecker of the HPOA. These are mostly negatively interesting for their extreme lack of content. I’m guessing this is due to them switching as much of their communication as possible to phone calls and other off-the-record media. This, in turn, demonstrates, I’m still guessing, the feeling that my constant CPRA requests have engendered amongst local BIDs that they are operating in a minefield.

Well, good. They are. And the fact that they laid these mines themselves with their arrogance, disrespect for the law, and generalized idiocy, but still for some reason manage to act surprised at the negative consequences of stepping on the mines speaks volumes of their assumptions of privilege and delusions of immunity. There are, however, a few positively interesting items, and there are links and discussion after the break.
Continue reading New Documents: StreetPlus Proposal And Contract With SLAIT BID For Security Services, 2016 Emails Between Lisa Schechter And Kerry Morrison/Devin Strecker →

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

January 5, 2017 Mike 2 Comments

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, 2016.¹ 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 →

Los Angeles City Council, Los Angeles City Government, Venice Beach BID

Is Mike Bonin A Liar Or A Fool? Which Is Holly Wolcott? Tara Devine? They’ve Acted As If There Was No Effective Way To Remove Residential Properties From The Venice Beach BID Without Rezoning When They Must Or Should Have Known That State Law Explicitly Empowers City Council To Do So Unilaterally

December 31, 2016 Mike Leave a comment

Did Mike Bonin lie about his ability to remove properties from the Venice Beach BID? Or did he just not care enough to read the law governing BID formation? Or both?

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 homeowner¹ 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.

Los Angeles City Clerk Holly Wolcott whispering secrets to Councildude Mitch Englander on November 8, 2016. She tells the truth, and nothing but the truth, but no how, no way, are you telling the whole truth, Ms. Holly.

As far as I can tell² 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.

On July 27, 2016 Holly Wolcott wrote to Venice homeowners William and Laura Kuel making essentially the same argument, but with this additional twist:³ Continue reading Is Mike Bonin A Liar Or A Fool? Which Is Holly Wolcott? Tara Devine? They’ve Acted As If There Was No Effective Way To Remove Residential Properties From The Venice Beach BID Without Rezoning When They Must Or Should Have Known That State Law Explicitly Empowers City Council To Do So Unilaterally →

Hollywood Property Owners Alliance

Kerry Morrison’s Ruinously Expensive Obsessions With Homeless Outreach And Guns Cause Severe Cutbacks In BID Patrol Service Even As Expenditures Go Up, Up, Up — HPOA/CHC Books Cooked In 2015 To Obscure This Trend — Time For An Intervention!

November 17, 2016 Mike Leave a comment

Kerry Morrison at the Central Hollywood Coalition board meeting on November 8, 2016.

Watch and listen here¹ to an interminable discussion at last Tuesday’s meeting of the Board of Directors of the Central Hollywood Coalition² about how to pay the increasing cost of the armed BID Patrol while, at the same time, maintaining or expanding dedicated “homeless outreach” services, also provided by Andrews International. In particular, staff is asking the board to approve a 5% increase in the A/I budget for next year to cover salary increases and so on.

Here are some numbers. A/I pays its BID Patrol officers $31.50 an hour.³ Almost certainly the BID is paying A/I significantly more than that. Also note that base pay for A/I unarmed officers is $13 per hour. In other words, armed officers cost about 2.5 times as much as unarmed officers. If A/I’s markup to the BID is a percentage of its HR costs then this ratio will hold constant regardless of what the BID is actually paying.⁴ Now, most BIDs in the City of Los Angeles do not have armed security. In fact, as far as I can tell, the two HPOA BIDs run by Kerry Morrison are the only BIDs that do.⁵ We have written before about Kerry Morrison’s disturbing and utterly disproportionate love of guns, and that’s probably enough to explain her insistence on armed security despite the high cost.⁶ And the cost is very high. According to the Sunset & Vine BID’s 2015 independent audit, the BID paid $805,608 for security out of total annual expenditures of $1,542,735.⁷

And what do they get for that? It’s explained in this exchange from last week‘s meeting.⁸ It’s essentially four dedicated officers per fourteen hour day, backed up by officers from the Hollywood Entertainment District, with slightly less on Sundays. Assuming 8 hour days, and not adjusting for Sundays, this is 11,648 hours per year.⁹ Dividing this into the 2015 security expenditure yields a rate of $69.16. The 2013 contract between A/I and the HPOA gives the markup rate as 82% for BID patrol officers and 55% for supervisors, so this is roughly consistent with a base hourly rate of $31.50.¹⁰ Continue reading Kerry Morrison’s Ruinously Expensive Obsessions With Homeless Outreach And Guns Cause Severe Cutbacks In BID Patrol Service Even As Expenditures Go Up, Up, Up — HPOA/CHC Books Cooked In 2015 To Obscure This Trend — Time For An Intervention! →

Los Angeles City Government

Revealed: Why The City Always Votes Yes on BID Formation. Also Some Speculation On The Shady Reasons Why The City Prefers Property-Based BIDs Over Merchant-Based BIDs Despite The Fact That They Instantiate Peak White Supremacy

September 17, 2016 Mike Leave a comment

You may recall that last month I raised the question of where the City Clerk gets the authority to vote all of the City’s property in favor of establishing BIDs. That the Clerk does this is undisputed. It’s so reliable that BID proponents are famous for gerrymandering in as much City property as possible to improve their chances of hitting the 50.1% approval needed to start the BID formation process.

Well, of course, I filed a CPRA request on the matter and Miranda Paster, however conflicted her interests may be when it comes to her darling baby BIDs, is by far one of the most reliable and honest City officials with whom I deal with respect to public records, yesterday pointed me to the now twenty year old Council File 96-1972. This file is too old to have documents online¹ but there are some summary notes on what went on. In particular, the ordinance passed includes an instruction² to:

REQUIRE the City Clerk to sign off on Proposition 218³ ballots and support petitions for property-based BIDs, unless the Council directs otherwise.

So I was right. There had to be a law, and there is a law. It’s pleasant to speculate on the possibility of exploiting this to add some democratic sauce to the BID formation process. For instance, as I’ve suggested before, it would be much more fair to let residents of the BID area vote on BID formation and apportion the City’s ballots proportionally to the wishes of the residents. This wouldn’t be perfect, but it would be far, far more fair that what’s done now. Of course given the degree to which our Council worships BIDs, and given the wildly disproportionate influence that BIDs have on City policy, this is not likely to happen except through the courts. As I said, though, it’s nice to think about.
Continue reading Revealed: Why The City Always Votes Yes on BID Formation. Also Some Speculation On The Shady Reasons Why The City Prefers Property-Based BIDs Over Merchant-Based BIDs Despite The Fact That They Instantiate Peak White Supremacy →

Venice Beach BID

LAFLA Questions Legality of Venice Beach BID Approval Process in Letter to Mike Feuer, Holly Wolcott. Ballot Tabulation Published By City, Demonstrating Anti-Democratic Nature of BID Process. CD11 and Shadowy BID Consultant Tara Devine Play Favorites With Information Access

August 24, 2016 Mike 2 Comments

Today two interesting items hit the Venice Beach BID Council File. First there is a letter from LAFLA Attorney Shayla Myers demonstrating that the City did not follow the strictly mandated procedure for hearings prior to establishing an assessment district. The issue is that Council President Herb Wesson cut off public comment without allowing everyone present to be heard. This is completely acceptable under the Brown Act, which regulates general public meetings in California. In the cases covered by that law, agencies can put reasonable limits on public comment. However, the hearings that must be held before BIDs can be established are described in the Property and Business Improvement District Law of 1994, which at section 36623 requires that the “notice and protest and hearing procedure shall comply with Section 53753 of the Government Code.” This section requires…well, I’m going to let Myers explain:
Continue reading LAFLA Questions Legality of Venice Beach BID Approval Process in Letter to Mike Feuer, Holly Wolcott. Ballot Tabulation Published By City, Demonstrating Anti-Democratic Nature of BID Process. CD11 and Shadowy BID Consultant Tara Devine Play Favorites With Information Access →

Featured, Hypocrisy, Miscellaneous

How to Destroy a Business Improvement District in California: A Theory

June 14, 2016 Mike 3 Comments

This would be an effective, emotionally satisfying, and poetically just way to get rid of business improvement districts, but I'm hoping for something a little more environmentally friendly. — This would be an effective, emotionally satisfying, and poetically just way to get rid of business improvement districts, but I’m hoping for something a little more environmentally friendly.

DISCLAIMER: I’m not a lawyer. But I’m friends with some lawyers. More than zero of them did not laugh out loud at the idea you’re about to read. That’s all I got.

Business improvement districts in California are made possible by the Property & Business Improvement District Law of 1994.¹ It’s worth reading, or at least skimming through, because there’s gold in them thar hills! For instance, consider Section 36670(a)(1), which states:

36670.(a) Any district established or extended pursuant to the provisions of this part … may be disestablished by resolution by the city council in either of the following circumstances:

(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.

Do you see the potential in that statement? The fact that it’s a tool for laying waste the BIDs of Los Angeles like so many Philistines? It’s a little hard to understand statutes, but here’s a clue: when they say “shall” they mean “must,” not “can.” Now turn the page to find out why this little statute, if not more powerful than Doug Henning and his sparkly rainbow suspenders as pictured above, is possibly as effective a BID repellent but much, much more emotionally satisfying than mere poofsly-woofsly magical annihilation.
Continue reading How to Destroy a Business Improvement District in California: A Theory →