Tag Archives: Tara Devine

Lawsuits, Venice Beach BID

Venice Residents File Suit Against City of L.A. Over Venice Beach BID!! Arguments Underlying Petition Will Have Broad Progressive Implications If Successful

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There’s no place on earth like Venice, so why shouldn’t the destruction of BIDs in California begin in Venice?
A couple weeks ago, a group of brave and determined residents of Venice filed a writ petition against the City of Los Angeles and the Venice Beach BID asking the court to set aside the ordinance that created it, to force the City to redraw the BID’s boundaries in accordance with the law, and, most interestingly, to order the City to contest the assessments levied against City-owned properties in the BID. You can read a copy of the initial petition:

  • Here — direct download
  • Or here — on the new dedicated page, also available through the menu structure above.
  • Or here — directly from static storage; see the titles better!

They argue that their residential properties will get no special benefits from the BID, which violates the California Constitution. They argue that many of the proposed activities of the BID, specifically the security program, are inherently incapable of providing special benefits. And most interestingly from the point of view of general anti-BID theory, they argue that the City has a duty to its citizens to scrutinize the BID plan to be sure that City-owned parcels included in the BID actually benefit from being in the BID, and that by rubber-stamping the BID proposal, the City has abdicated this duty. If this argument succeeds it will shake the very foundations of BIDs in Los Angeles, which rely to various extents on the automatic yes votes provided by City-owned property. This automatic approval, by the way, was set up in 19981 via Council File 96-1972 which, in pertinent part, includes a directive to:

REQUIRE the City Clerk to sign off on Proposition 218 ballots and support petitions for property-based BIDs, unless the Council directs otherwise.

Anyway, this is an exciting and welcome development, and all of us here at MK.Org thank the plaintiffs and their lawyers for filing this petition. There are a few excerpts that caught my eye along with my usual uninformed and amateur commentaries after the break if you’re interested.
Continue reading Venice Residents File Suit Against City of L.A. Over Venice Beach BID!! Arguments Underlying Petition Will Have Broad Progressive Implications If Successful →

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Announcements

New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit

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image_from_sanitation_reportAnnouncing lots of new documents!

Venice Beach BID Emails:

LA Sanitation Homeless Encampment Materials. Note the crappy quality of these things. That’s because, even though CPRA says both clearly and explicitly that if records are stored electronically they must be released in an electronic format, not only does LASAN refuse to do this, insisting on printing these low quality black and white copies from the electronic color originals, but they won’t even answer my emails about this, even though CPRA also compels them to answer. Ah, sigh, right?

BID Feasibility Reports. It seems that BID consultants are supposed to prepare these reports before the BID formation process starts. It also seems that this rule is not enforced. When I asked Miranda Paster for all of these, she sent me only these two: San Pedro and Pacoima. Perhaps these are all there are, in which case yet another rule is being broken.

And finally, turn the page for the City of LA’s answer to the Save Valley Village vote-fixing lawsuit!
Continue reading New Documents: LASAN Encampment Investigation Reports, Lots of Emails About Venice Beach BID, BID Feasibility Reports, Save Valley Village Lawsuit →

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Los Angeles City Government

Do You Have What It Takes To Be A BID Consultant For The City Of Los Angeles? Honesty? Integrity? Freaking LIKEABILITY?!??!

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Shadowy BID consultant Teresa "Tara" Devine has what it takes! She is evidently 15% likeable, honest, and infested with what passes for integrity in BID consultancy circles.
Shadowy BID consultant Teresa “Tara” Devine has what it takes! She is evidently 15% likeable, honest, and infested with what passes for integrity in BID consultancy circles.
If you follow BIDs in Los Angeles you will know that the process for creating a new one is so fraught with weirdo technicalities that when a Councilmember wants to form one in their district, not only do they have to get together a bullshit astroturf front group made up of major campaign contributors, but they also have to hire a consultant to guide the BAFG through the labyrinth. Of course, this is anything but an adversarial process, and success is pre-ordained. However, if the requirements imposed by the State of California are not adhered to somewhat scrupulously, the new BID will be vulnerable to challenges by non-mainstream anti-BID malcontents.2 Thus the City has an interest in making sure that these consultants are competent.3

It turns out that they take this interest seriously enough that the City Clerk maintains a list of qualified BID consultants. I recently obtained a copy from 2010. There are some old friends on there, e.g. Donald Duckworth, who you might recognize from 2014 as the initial consultant on Mike Bonin’s Venice Beach BID project, since replaced by the shadowy ringlet-tossing Tara Devine. The famed Susan Levi is also on that list. But all things must pass away, and the list will eventually need to be renewed. Thus it seems that in August 2015 the Clerk put out a request for qualifications seeking new qualified consultants to put on the list.4 So now it is possible to tell exactly what skills you need to develop if you want to be a shadowy BID consultant too!
Continue reading Do You Have What It Takes To Be A BID Consultant For The City Of Los Angeles? Honesty? Integrity? Freaking LIKEABILITY?!??! →

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Venice Beach BID

2014 VBBID Emails Reveal, Among Other Things, That Bonin Staffer Debbie Dyner Harris Was On Venice Beach BID Steering Committee Since 2014 Despite Consistent Denials of City Involvement In Formation Process

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Mike Bonin aide and Fairy godmother Debbie Dyner Harris posing with what will be left of her darling Venice Beach BID after the clock strikes the appointed hour.
Mike Bonin aide and Fairy godmother Debbie Dyner Harris posing with what will be left of her darling Venice Beach BID after the clock strikes the appointed hour.
Here are eleven pages of emails from 2014 released to me yesterday by Miranda Paster of the Los Angeles City Clerk’s office.5 These provide a unique6 window into the process by which BIDs are created in the City of Los Angeles. It’s clear from these emails that, despite the fact that everyone in the City government denies it, the BID formation process is encouraged, facilitated, and inextricably interwoven with City action at every stage. Of course, this confirms precisely what the California Court of Appeal found in its landmark decision in Epstein v. HPOA: that “by giving the BID the legal breath of life, the City breathe[s] life into the POA as well.”7

In any case, here are many, many interesting facts newly revealed by these emails:
Continue reading 2014 VBBID Emails Reveal, Among Other Things, That Bonin Staffer Debbie Dyner Harris Was On Venice Beach BID Steering Committee Since 2014 Despite Consistent Denials of City Involvement In Formation Process →

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Municipal Ethics, Venice Beach BID

Steve Heumann, Carl Lambert, and Mark Sokol Finally Revealed By Debbie Dyner Harris to Constitute Venice Beach Property Owners Association Board Of Directors; Sokol’s Five Figure Campaign Contributions To Nine Of Fourteen Sitting Council Members Raise Ethical, Criminal Issues

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Mike Bonin 2013 Campaign ad showing candidate with high-roller campaign contributors Mark Sokol and Carl Lambert.
Mike Bonin 2013 Campaign ad showing candidate with high-roller campaign contributors Mark Sokol and Carl Lambert.
I reported a couple of weeks ago that as late as two months ago, Mike Bonin aide Debbie Dyner Harris had refused to tell Becky Dennison of Venice Community Housing the names of the three members of the Board of Directors of the Venice Beach Property Owners Association. Dyner Harris even sent an email to shadowy BID consultant Tara Devine asking for permission to share the names, which Devine evidently didn’t give, because Dyner Harris didn’t give up the names. Well, I’ve been asking CD11 for the names as well, and after a long three weeks, for whatever reason, Debbie Dyner Harris emailed me this morning and told me that the Board of Directors presently consists of Steve Heumann, Carl Lambert, and Mark Sokol.

Steve Heumann was not a surprise, as his name appears as agent for service of process on the POA’s registration with the State.8 But the other two are of great interest indeed. I recently wrote about how Carl Lambert’s campaign contributions to Mike Bonin and Eric Garcetti probably violated City campaign finance laws, but that argument wouldn’t fly if he weren’t on the Board. Since he is, I’ll be reporting him to the City Ethics Commission in the next few days.

But Mark Sokol’s case is even more fascinating. Recall that the POA has been meeting with the City about the BID at least since September 2014. Well, take a look at all of Sokol’s contributions since then. They add up to $10,750. The output of the City’s database lists each contribution separately, but here are the totals:
Continue reading Steve Heumann, Carl Lambert, and Mark Sokol Finally Revealed By Debbie Dyner Harris to Constitute Venice Beach Property Owners Association Board Of Directors; Sokol’s Five Figure Campaign Contributions To Nine Of Fourteen Sitting Council Members Raise Ethical, Criminal Issues →

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Public Records Act Pragmatics, Venice Beach BID

Miranda Paster Finally Gives Up Venice Beach BID Property Owners Mailing List! Five Months Of Nagging Pays Off!! This Has Huge Implications For Future Anti-BID Activism!!!

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Set free by the truth to fly high on Venice Beach!!
Set free by the truth to fly high on Venice Beach!!
If you’ve been following the story of the Venice Beach BID here, you’ll recall that no one involved wants to give me a copy of the mailing list used to send out the various legally required notices to the property owners. You can check the background here and another episode in the saga here. Well, amazingly, my last argument was effective, and after what I think9 was months worth of noodging, Miranda Paster finally gave in and sent me an actual mailing list with actual mailing addresses of the property owners.

This is huge, so I’m linking to it again:

Anyway, I hope the list will be useful to Venice activists in their anti-BID campaign. Not that many property owners even voted, so it’s possible that sending letters encouraging anti-BID property owners to vote will be enough to sink the BID’s next iteration. If you’re interested in the technical details of the differences between this ultimately successful request and my earlier unsuccessful requests, turn the page and read on!
Continue reading Miranda Paster Finally Gives Up Venice Beach BID Property Owners Mailing List! Five Months Of Nagging Pays Off!! This Has Huge Implications For Future Anti-BID Activism!!! →

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Municipal Ethics, Venice Beach BID

Why Carl Lambert’s Contributions To The Re-Election Campaigns Of Mike Bonin And Eric Garcetti Were Probably Illegal and Should Be Refunded Immediately

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Mike Bonin on August 23, 2016, earning his salary, which should be sufficient.
Mike Bonin on August 23, 2016, earning his salary, which should be sufficient.
As I reported the other day, Venice Beach BID proponent and shady illegal hotelier Carl Lambert donated $1400 to Eric Garcetti and $700 to Mike Bonin in 2015. Here is an argument that they ought to give that money back to Lambert immediately.

Not just because it’s the right thing to do. We’re all grownups here, and that’s not so much why things get done. But because it’s probably illegal for them to have accepted the money, or at least for Lambert to have contributed it. To explain why this is the case I have to talk about the campaign finance laws of the City of Los Angeles, which can make anybody’s poor head spin. So forgive me, but perhaps you’ll find it worth the trouble. The whole law is at LAMC Article 9.7, but it’s not necessary to read the whole thing.10 The section we are interested in today is LAMC 49.7.35, which covers Bidder Contribution and Fundraising Restrictions. This muni code section11 implements Section 470 of the City Charter, which covers Limitations on Campaign Contributions in City Elections.12 At Charter Section 470(a) we find this noble statement of the purpose of the whole thing:

The purpose of this section is to encourage a broader participation in the political process and to avoid corruption or the appearance of corruption in city decision making, and protect the integrity of the City’s procurement and contract processes by placing limits on the amount any person may contribute or otherwise cause to be available to candidates for election to the offices of Mayor, City Attorney, Controller and City Council and promote accountability to the public by requiring disclosure of campaign activities and imposing other campaign restrictions.

Now, it is a fundamental principle in the American legal system that actions can only be illegal if there is an explicit statutory statement that they are illegal. Otherwise they’re legal. So while this statement of purpose has some force, mostly as a guide to interpreting the salient laws, it doesn’t in itself make anything illegal. Obviously Carl Lambert’s contributions to Garcetti and Bonin create the appearance of corruption in city decision making, but if that were sufficient to trigger a criminal prosecution then pretty much every donor to every incumbent candidate would have to be locked up.13 Thus we have to look to the parts of the law that implement this statement of purpose.

The Charter Section that we are interested in here is 470(c)(12)(B), which states in pertinent part14 that:

The following persons shall not make a campaign contribution to the Mayor, the City Attorney, the Controller, a City Council member, a candidate for any of those elected City offices, or a City committee controlled by a person who holds or seeks any of those elected City offices … A person who bids on or submits a proposal or other response to a contract solicitation that has an anticipated value of at least $100,000 and requires approval by the elected City office that is held or sought by the person to whom the contribution would be given…

Let’s run through the elements of the law here to see why it’s highly plausible that it forbids Carl Lambert from making contributions to either Eric Garcetti or Mike Bonin:
Continue reading Why Carl Lambert’s Contributions To The Re-Election Campaigns Of Mike Bonin And Eric Garcetti Were Probably Illegal and Should Be Refunded Immediately →

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Los Angeles City Government, Public Records Act Pragmatics, Venice Beach BID

Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have A List Of Property Owners Without Contact Information A Fraud Perpetrated On The Public By The City Clerk

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Somehow this is all Holly Wolcott's fault.
Somehow this is all Holly Wolcott’s fault.
The list itself is here. The story of the list follows.

Edited to add: The list that Miranda Paster sent me isn’t even the list I asked for, as discussed in the story below. It’s an edited version of the publicly available ballot tabulation sheet. It is unbelievable that these people are so unwilling to release what are obviously public records and that their unwillingness is so clearly in the service of their political agenda. On the other hand, the fact that they so vigorously defend their secrecy makes it seem even more likely that they’re concealing serious and exploitable weaknesses.

Three weeks ago I wrote about how neither the City Clerk nor CD11 was willing to hand over a list of the property owners in the proposed Venice Beach BID with contract information. CD11 told me to ask the Clerk and the Clerk told me to ask Tara Devine and Tara Devine ignored me (and continues to ignore me). The Clerk’s rationale was that they didn’t have anything to do with mailing out the petitions, so that the Public Records Act didn’t apply to the mailing list.

Now, if you’re not familiar with the act, you may not be aware that (at section 6252(e)) public records are defined fairly expansively to be any “writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency.” So I made the argument to the Clerk’s office that since they were orchestrating the process, the mailing list was being used by them even if they didn’t own it or retain it themselves. No dice on that, though.

So imagine my pleasure and surprise to discover on August 14 that, upon perusing Government Code section 53753 for the zillionth time (this is the same law used to such marvelous effect ten days later by the incomparable Shayla Myers of LAFLA to derail the whole BID process) that the freaking City Clerk’s office is required to notice the property owners by mail:
Continue reading Why Is Getting A Mailing List For The Property Owners In The Venice Beach BID Out Of The City So Absolutely Maddeningly Impossible? We Do, However, Now Have A List Of Property Owners Without Contact Information A Fraud Perpetrated On The Public By The City Clerk →

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Venice Beach BID

Try to Give A Shadowy BID Consultant An Even Break, End Up Looking Like A Dupe

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All signs indicate that, despite the evidence of this picture, we haven't seen the back of shadowy BID consultant Tara Devine yet, friends!
All signs indicate that, despite the evidence of this picture, we haven’t seen the back of shadowy BID consultant Tara Devine (or whatever her name is) yet, friends!
Just the other day we wrote a detailed analysis of shadowy BID consultant Tara Devine’s hot mess of a public comment at last Tuesday’s City Council hearing on the establishment of that revanchist-zillionaire-instigated nightmare zombie horror show known as the Venice Beach Business Improvement District. In that essay, because we are fair, because we are balanced, because we love the truth, we noted in response to Tara Devine’s claim that her name was indeed Tara Devine that:

“We here at MK.org are as fair and as balanced as any other fair and balanced news source. When our subjects say something true, we don’t hesitate to showcase it. As far as we’ve been able to determine, her name is, in fact, Tara Devine.”

Well, long-time readers of this blog will recall that our faithful correspondent has lately been poking around in the City Ethics Commission‘s databases15 and, besides coming up with this fascinating evidence against illegal-hotelier and BID Proponent Carl Lambert, found this unexpected item about shadowy BID consultant Tara…er…Teresa Devine. That’s right, friends, you read it here first. We tried to pay some respect to a liar by acknowledging that at least she didn’t lie about her name. And then it turned out that her name is actually Teresa rather than Tara and, therefore, that she did lie about it.
Continue reading Try to Give A Shadowy BID Consultant An Even Break, End Up Looking Like A Dupe →

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Venice Beach BID

Carl Lambert Donated The Legal Maximum of $1400 To Eric Garcetti Just One Week After Feuer Filed Complaint Against Him For Running An Illegal Hotel and Legal Max of $700 to Mike Bonin in the Midst of a Flurry of Pro-BID Activity By City Staff

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At all times relevant hereto, Lambert was acting as the agent, assignee, partner, joint venturer, alter ego, representative, co-schemer, co-conspirator...and in committing the wrongful acts and omissions allege, was acting within the course and scope of that agency, assignment, partnership, joint venture, alter ego relationship, representation, scheme, conspiracy, or employment.
At all times relevant hereto, Lambert was acting as the agent, assignee, partner, joint venturer, alter ego, representative, co-schemer, co-conspirator…and in committing the wrongful acts and omissions allege, was acting within the course and scope of that agency, assignment, partnership, joint venture, alter ego relationship, representation, scheme, conspiracy, or employment.
CORRECTION: Carl Lambert’s donation to Garcetti was in June 2015 whereas the lawsuit was filed in June 2016. I’ve struck through any claims that relied on my inadvertent misreading of the relevant document and added a few words, which are underlined. We stand by our claims about the timing of Lambert’s donations to Bonin. Thanks to Gonzo Rock for pointing this out.

Carl Lambert is presently famous for two main reasons. First that Mike Feuer is suing the shit out of him because he’s a sneaky lying illegal hotel proprietor and second that he’s a vocal proponent of the Venice Beach Business Improvement District, which was approved in Council last week during a chaotic and emotional process, itself of dubious legality. Newly discovered evidence16 shows that Lambert has tried to ease his strait and narrow path through some of these thorny matters by…wait for it…giving money to politicians.

First of all, see the City Ethics Commission’s donation records for Lambert. Note that on June 24, 2015 he donated $1,400 to Eric Garcetti’s reelection campaign, which is the maximum donation allowed. Does the date sound familiar? It ought to. It was exactly one week before, on June 17, 2015, that Mike Feuer filed a complaint against Lambert for running an illegal hotel. It goes to show that good old F. Scott was on to something when he wrote about zillionaires that “They are different from you and me.” I don’t think that most non-zillionaires, on finding out that the City Attorney has just filed a damning complaint against them, would turn around and give $1,400 to the Mayor.

And it’s not just like Lambert did this all the time and the timing was coincidental. First of all, he also gave Garcetti money in 2013, when he was actually running, but he only gave him $200. Secondly, Lambert has only ever given $3,500 total to Los Angeles politicians in his life.17 This one-time, week-after-the-complaint-got-filed donation of $1,400 represents 40% of Lambert’s life-time donation total. Also note that Garcetti isn’t running for election again until 2017, so it’s not like he was actively fundraising in June of 2015.

And as if that wasn’t enough, on December 8, 2015, he turned around and gave $700 to Mike Bonin, also the legal maximum. That’s 20% of Lambert’s lifetime total right there, and Bonin also isn’t running until 2017. And as I’ve demonstrated recently, this was right in the midst of a flurry of VBBID activity, when having inspired $700 worth of warm fuzzies in Bonin’s heart couldn’t have hurt anything:
Continue reading Carl Lambert Donated The Legal Maximum of $1400 To Eric Garcetti Just One Week After Feuer Filed Complaint Against Him For Running An Illegal Hotel and Legal Max of $700 to Mike Bonin in the Midst of a Flurry of Pro-BID Activity By City Staff →

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