Tag Archives: 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

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.1 These provide a unique2 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.”3

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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“We Save Lives Out Here, We Don’t Harass Lives!” The Heavily Armed Self-Proclaimed Mother Teresa of Hollywood, Ms. Kerry Morrison, Flips Out About “Concerning” LA Times Editorial, Proposes to Head Over To First And Spring And Teach That Editorial Board A Lesson!

Brigadier General Kerry Morrison using her brand-new dry-erase map of Hollywood to plot further invasions, conquests, and occupations-by-force-of-arms.
Brigadier General Kerry Morrison using her brand-new dry-erase map of Hollywood to plot further invasions, conquests, and occupations-by-force-of-arms.
Remember this editorial in the L.A. Times about the Venice Beach BID? I posted on it a couple weeks ago because whoever wrote it4 took City Attorney spokesman Rob Wilcox at his unsupported and unsupportable word that BID security somehow wasn’t allowed to arrest people for sitting on the sidewalk in violation of the despicable LAMC 41.18(d). Well, anyway, evidently “Two-gun” Kerry Morrison of the Hollywood Property Owners Alliance read an editorial with the same title but, perhaps because her copy of the paper comes from Bizarro World, radically different content. The one I read said, quite sensibly:

We’re glad that property owners around Venice Beach care about their community and that they’re willing to pay extra to improve the neighborhood. But when it comes to the homeless, they must decide whether they want to be part of the solution or part of the problem. If the ambassadors are going to constitute a de facto private security force, their job should not be to hassle the homeless in an effort to move them pointlessly from corner to corner or to push them out of the neighborhood so that they become another jurisdiction’s problem.

So watch and listen here to HPOA Executive Director Ms. Kerry Morrison’s cri de coeur about how UNFAIR this is to her and her heavily armed BID Patrol buddies!! Or if you prefer, as always, there’s a transcription after the break. And she said:

There was a very concerning editorial in the L.A. Times two weeks ago. … And what’s concerning about it is that it kind of suggests that when BIDs get involved in addressing homeless issues that it’s basically a harassment mindset.
Continue reading “We Save Lives Out Here, We Don’t Harass Lives!” The Heavily Armed Self-Proclaimed Mother Teresa of Hollywood, Ms. Kerry Morrison, Flips Out About “Concerning” LA Times Editorial, Proposes to Head Over To First And Spring And Teach That Editorial Board A Lesson!

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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

Holly Wolcott explaining why she votes.
Holly Wolcott explaining why she votes.
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 online5 but there are some summary notes on what went on. In particular, the ordinance passed includes an instruction6 to:

REQUIRE the City Clerk to sign off on Proposition 2187 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

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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!!!

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 think8 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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Ordinance to Repeal Venice Beach BID Ordinance Hits Council File Tonight Along With City Attorney Report Confirming That Threat of LAFLA Lawsuit Caused City’s Retreat and Impending Do-Over

Don't let the sun set on joy in Venice.
Don’t let the sun set on joy in Venice.
Although it was widely reported last week that the scathing letter sent by LAFLA to the City of Los Angeles, which pointed out that the chaotic August 23 hearing held to solemnize the impending Venice Beach BID was fatally flawed, had played its appointed role as BID-destroyer, official confirmation was pretty much lacking. That is if you don’t, and I don’t, count Mike Bonin’s mealy-mouthed statement to that slithy den of lickspittle Ryaveckian six-fingered putanginamo morons known to the world as Yo! Venice. At least Venice, of all neighborhoods of Los Angeles, isn’t walking the BID-plank like a sheep.9 Anyway, tonight two documents hit the Venice Beach BID Council File which together confirm the whole thing officially for the first time.

There is a report from the City Attorney on the matter along with a draft ordinance repealing the original ordinance of intention and serving as a new ordinance of intention. The first document is by far the most interesting of the two, confirming as it does the role of the LAFLA letter. It also makes it clear that it wasn’t just the fact that LAFLA was right that convinced the City to retreat, but the fact that LAFLA was going to sue them. Thus the stick is mightier than the carrot, or whatever. You can read a selection after the break if you prefer that to clicking on the PDF:
Continue reading Ordinance to Repeal Venice Beach BID Ordinance Hits Council File Tonight Along With City Attorney Report Confirming That Threat of LAFLA Lawsuit Caused City’s Retreat and Impending Do-Over

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I Just Read One Freaking Time Too Many That 77% Of The Freaking Property Owners In Freaking Venice Were In Freaking Favor Of The Freaking BID So I Had To Write This Article Showing That In Fact Either Only 25.2% Were In Favor Or Else Only 51.8% Were In Favor Depending On How One Counts

Reporters in Los Angeles trying to understand what passes for arithmetic over at the City Clerk's Office.
Reporters in Los Angeles trying to understand what passes for arithmetic over at the City Clerk’s Office.
I just read in this ridiculous article on Patch.Com that 77% of the property owners in Venice voted in favor of the BID. This is some kind of echo chamber meme being passed around the campfires of the journalistic tribes of Los Angeles. Just look at this freaking Google search if you don’t believe me.10 So I just have to point one thing out. Look at the freaking official ballot tabulation, reporters! Of course, Holly Wolcott created it in Excel and then printed it out and scanned it to PDF just to make it especially useless, but you’re journalists. Don’t let that stop you. Count the total number of property owners.11

There are 338 of them. Of these, 85 voted yes, 79 voted no, and 174 didn’t vote. That works out to 25.2% yes, 23.4% no, and 51.5% didn’t vote. That doesn’t look nearly as overwhelming as the figure that’s being bandied about like gospel truth by our lazy LA media. And not only that, but even if you only count the property owners who did vote, which is part of how the Clerk does it, there were 164 total ballots cast, of which 51.8% were yes and 48.2% were no. Also that isn’t very overwhelming.

The locus freaking classicus of the utter, abject confusion of everyone in the mainstream media who is reporting on the Venice Beach BID election.
The locus freaking classicus of the utter, abject confusion of everyone in the mainstream media who is reporting on the Venice Beach BID election.
But where did that 77% figure come from that they’re all repeating like Moses brought it down from Mount Sinai engraved on freaking tablets of stone? Well, it’s right there on the report on the ballots signed by Holly Wolcott. But God forbid that a reporter is going to read about what the figure means.12 In fact, this is 77% of the weighted value, not 77% of the property owners. In other words, the 51.8% of the 164 property owners that voted own 77% of the property. If 20% of the property owners had owned 51% of the weighted value, the BID still would have passed. A majority of property owners is absolutely irrelevant to the BID approval process and the fact that there was a small one here is nothing more than a coincidence. By glossing over this fact and reporting that 77% figure as if it had anything at all to do with a percentage of property owners, these reporters are at best just adding to the confusion and at worst granting even more legitimacy to the deeply undemocratic process by which BIDs are approved. Not helpful, friends.
Continue reading I Just Read One Freaking Time Too Many That 77% Of The Freaking Property Owners In Freaking Venice Were In Freaking Favor Of The Freaking BID So I Had To Write This Article Showing That In Fact Either Only 25.2% Were In Favor Or Else Only 51.8% Were In Favor Depending On How One Counts

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

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.13 The section we are interested in today is LAMC 49.7.35, which covers Bidder Contribution and Fundraising Restrictions. This muni code section14 implements Section 470 of the City Charter, which covers Limitations on Campaign Contributions in City Elections.15 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.16 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 part17 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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Somebody’s Lying To Somebody About Something: Mike Feuer? LA Times Editorial Board? All of the Above? BID Security Absolutely Does Not Have to Wait for the LAPD to Arrest Homeless People For Sitting On The Sidewalk

According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d).  Ask this man if that's true.
According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d). Ask this man if that’s true.

In an editorial in this morning’s Times about the Venice Beach BID it is stated:

Even during the day, when the municipal code against sitting, lying or sleeping on a sidewalk or street is enforceable, the BID ambassadors would be required to call the police or city employees to enforce it, according to the city attorney’s office.

Of course, in the ordinary meaning of the word “enforce” this is demonstrably not true. In Hollywood, the BID Patrol, operated by Andrews International Security on behalf of the Hollywood Property Owners Alliance which manages two local BIDs, arrests people for violating the despicable LAMC 41.18(d) on an exceedingly regular basis. They handcuff them and either forcibly transport them in a private vehicle to the police station or else wait on-scene for LAPD to arrive to complete the arrest process.

This might charitably be interpreted as waiting for the police to enforce the law in the sense that the LAPD has to issue citations. But the difference to the arrested person, who is handcuffed, forced into a private car or made to sit or lie shackled on the sidewalk until the cops show up to cite them out, is nonexistent. If that’s what Mike Feuer’s office meant by what they apparently said to the Times Editorial Board then shame on them for being so disingenuous. If they meant something else, it wasn’t true. And shame too on the Editorial Board for not investigating that easily refuted claim.

UPDATE: I just received this email, sent yesterday by Rob Wilcox at the City Attorney’s office to Carla Hall at the L.A. Times, stating explicitly that:

Only peace officers or authorized city employees could enforce that section of the ordinance [LAMC 41.18(d)]. BID employees would not be able to enforce.

He doesn’t give a reason, but his statement is demonstrably untrue. I wonder what he meant by it? State law requires police to accept custody of anyone who’s arrested by a private person, and allows private persons to make arrests for any violation of the criminal law.

According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d).  Ask this man if that's true.
According to the L.A. Times the BID Patrol has to wait for the LAPD to arrest people for violating LAMC 41.18(d). Ask this man if that’s true.
After the break you will find links to actual BID Patrol arrest reports from 2015 for violations of LAMC 41.18(d).18 Also, here is a horrific video showing what one of these BID Patrol arrests looks like in reality rather than in the delusional fantasy world evidently inhabited by the City Attorney and the LA Times Editorial Board. Here’s a representative sample from one of the reports:

A short time later, we observed MARLOW place his belongings on the ground then lay on the sidewalk. We made contact with MARLOW and informed him he was in violation of 41.18 (d) LAMC- Sitting on public sidewalk. MARLOW refused to comply with our request to stand up and became verbally confrontational with BID officers. MARLOW proceeded to stand up and walk in and out of traffic on Hollywood Blvd. MARLOW also walked away and returned 3 times and was verbally confrontational towards BID Officers. We waited for additional units and FB2 and ED-30 arrived on scene. MARLOW was pulled to the ground by BID Officers in order to safely handcuff him.

And here’s another one:

We then contacted the subjects (one later identified S/ Mull) that were physically blocking the sidewalk with his property and bicycle sidewalk, a violation of 41.18 (d) LAMC- (Blocking, Sitting, Sleeping on the Sidewalk). The subjects admitted that they were not supposed to block the sidewalk per prior BID officers warnings from the past.

We advised S/ Mull that we were placing him under “Private Person’s Arrest”, per 837 Penal Code – (Private Person’s Arrest – Authority To Arrest / see attached form) for 41.18 (d) Los Angeles Municipal Code – (Sitting/lying/sleeping on sidewalk). Mull was immediately handcuffed (adjusted / doubled locked) for his safety and comfort, as per policy.

We then escorted Mull to our patrol vehicle and was seated on the rear passengers side. He was seat belted (adjusted / secured) for his safety and comfort, as per policy.

We then transported him to the Hollywood and Highland substation, per 847 PC. When then met with LAPD Officers Lawrence and Gonzalez (6FB1) for a citation release.

Continue reading Somebody’s Lying To Somebody About Something: Mike Feuer? LA Times Editorial Board? All of the Above? BID Security Absolutely Does Not Have to Wait for the LAPD to Arrest Homeless People For Sitting On The Sidewalk

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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

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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