Gil Cedillo’s Campaign Ship Sailing into Rough Waters?

THIS IS WHAT I KNOW--City Council incumbent Gilbert Cedillo has set sail on his campaign to retain his District 1 City Council seat. LA’s primary election is March 7. His ship may be off to a rocky start, however. Activist Marc Caswell asks if Cedillo is using his office resources to send campaign emails, which may be in violation of LA Municipal Code section 49.5.5b? 

No City official or employee of an agency shall engage in campaign-related activities such as fundraising, the development of electronic or written materials, or research, for a campaign for any elective office of ballot measure during the hours for which he or she is receiving pay to engage in City business or using City facilities, equipment, supplies or other City resources

While we don’t know if Cedillo has been campaigning during office hours, LA’s Marc Caswell believes Cedillo has used city resources to send campaign emails. Caswell, who lives on the border between CD13 and CD1 says he subscribes to the email newsletters for both districts’ council members in order to stay up to date on community news and information. 

“I find it odd that I started receiving campaign emails from only Mr. Cedillo when I know I never signed up for them, “ he explains. “I think it’s wholly inappropriate that an elected official would take his taxpayer-funded newsletters (database) and use that for campaign emails. And this offense is ever more egregious since Mr. Cedillo didn’t even bother to change his City Hall office address for his campaign emails.” 

Caswell says he filed an ethics complaint because “elected officials should not abuse the taxpayer by spending our money on their re-election campaign. Not only is this a clear violation of City Ethics laws but it shows Mr. Cedillo’s clear lack of respect for the voters and residents of Los Angeles.” 

This isn’t the first time Caswell has filed an ethics complaint against Councilmember Cedillo. Back in November, Caswell says he sent a complaint about a violation of another law related to emails that was reviewed by the Ethics Commission. He is still awaiting a response. 

“Normally, I’m not this nit-picky -- but he keeps violating email ethic laws over and over!” says Caswell.
Stay tuned. If Caswell is right, Cedillo’s campaign journey may run into some campaign turbulence before he reaches that doc by the primary election bay.

(Beth Cone Kramer is a Los Angeles writer and a columnist for CityWatch.)

-cw

Life Without Water or … Why the Delta Tunnel Is So Critical to LA

EASTSIDER-After the recent defeat of Proposition 53, a Howard Jarvis backed initiative aimed squarely at Jerry Brown’s Delta Tunnel project (aka WaterFix), matters are moving forward with the project. 

The CEQA challenges are now finished, and the resulting a 100,000 page document (I kid you not) is on the Governor’s desk. As General Manager of the Metropolitan Water District, Jeffrey Knightlinger quipped at our DWP meeting that the stack of paper is about 40 feet high, roughly the same as the diameter of the Delta tunnels (irony intended). 

For reasons that I do not purport to understand, the (Chicago) LA Times is still opposing the tunnels, clear proof that the owners of the Times do not reside in Southern California. 

The reality, however, is that we in Southern California really need to protect access to the water flowing from the Northern California mountains through the Sacramento River and the Delta, into the California Aqueduct to the Metropolitan Water District. In the likely event of continued drought this water is critical for us and for our children as global warming increases mountain temperatures. 

As a third generation Californian, I am painfully aware of the North/South political split in our State that has existed forever. Folks like my late grandfather up in Orville wanted to literally divide the state into two, and I have some friends in Sonoma County who still believe it would be a cool idea. But just like we have to live with Northern California and its politicians because of their water, they have to live with our need for that water in order to fuel the State’s economy. Not to mention that the entire state needs to do something with the water supply. Northern Californians don’t like floods and busted levees. 

Truth is, Southern California is a desert, and there are only a couple of sources for water to feed the roughly 50% of the State of California’s population that resides within the six counties of Ventura, Los Angeles, Orange, San Diego, Riverside and San Bernardino. Those six counties (actually only portions of Ventura, Riverside and San Diego) constitute the membership of the Metropolitan Water District, or Metro, as it is often called.

For all the political talk about the Delta Tunnel, most Angelenos have no idea where our water actually comes from, or how the DWP fits in with the Metropolitan Water District. What’s even stranger is my friends in Northern California seem willing to ignore the fact that Brown’s WaterFix will help them too. The levee system and the Delta are a mess up there, and Brown’s proposal will help them fix their problems as well as help Southern California. 

About That Water 

If you look at the big picture, the Metropolitan Water District generates over 50% of Southern California’s water. Metro’s sources for this water consist of the California Aqueduct and the Colorado River Aqueduct. The balance comes from local sources and the DWP’s Owens Valley Aqueduct. 

Because of multi-state agreements, Metro’s share of the Colorado River is a percentage of what flows through the river. Based on these agreements, this has usually translated into about 50% of a baseline amount. On the other hand, as drought becomes more persistent in the Western states, those amounts will probably go down over time. 

The good news about the Colorado River water is that Metro has a huge storage capacity, and in fact maintains a permanent six months’ supply in storage just in case of an emergency. So from an availability factor, it is great that we will always have access to the allotment from the Colorado River. 

The situation from the California Aqueduct is another matter. Water entering the system from the mountains and rivers in Northern California is capable of producing a huge amount of water per year, but the amount and flow of that water supply is intermittent. In other words, what’s in the system depends on how much rain and how much snow we get, as well as when those events take place. The system itself doesn’t have a lot of permanent storage built into it. 

The astonishing good news to me, and hats off to the water folks, is that while our population has increased from about 13 million people in 1985 to some 19 million people in 2015, our water demand has been essentially flat. Proof that all of those efficiency measures have worked. 

The Environmental Factor 

One of the biggest factors in how much water we can get from the Delta, and for that matter, the Owens valley, are generically referred to as environmental issues. These types of concerns led to the passage of CEQA (California Environmental Quality Act) back in 1970, designed to make state and local governments identify and mitigate the environmental impacts of their decisions. 

Most people I know have no clue what CEQA means beyond the name, and it’s difficult to get an objective explanation, so if you want to know more, there’s a good starting point here. 

In addition to providing a legitimate curb on government destroying the environment, CEQA has also made a bunch of lawyers rich and created entire new political and governmental bureaucracies -- thus the some ten years and 100,000 pages of CEQA documents on Governor Brown’s Delta tunnel project. 

Like any huge capital project, WaterFix is going to be paid for by ratepayers in their monthly bills. Small price for ensuring a reliable water supply, and in retrospect it’s a darn good thing that we built the Colorado River Aqueduct and the California Aqueduct. So, if it isn’t really about the money, then what is it? 

I think that using the magic word “environment,” we have created an entire environmental business model that has little to do with rational anything. 

At this point, there are a number of non-profit organizations whose livelihoods consist in fundraising and litigation over the environment. There are also a number of class-action attorneys specializing in this area. Further, there are agencies like California’s Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, and a host of others, whose staffing and existence are dependent on staying in the limelight come budget time. 

Two examples. First, I don’t know why the folks up north keep whining about the delta smelt. This isn’t about smelt. Heck, right now I am told there’s a hatchery that produces smelt each year that can’t be released into the water supply because the regulatory agencies won’t let anyone do it. C’mon. 

Second, the DWP and the Owens Valley. The issue of LA stealing their water a century ago is over. These days the issue is a small group of politicians controlling a water district up there that they use to blackmail money out of LA ratepayers. They have evolved from screaming about the water grab to ‘dust mitigation’ and have made a bundle. 

My point is that how much water we get in Southern California is more than just a political issue. There is a huge amount of water from Northern California that simply goes out into the ocean or floods because it can’t be captured or managed. Just ask the folks in Truckee or Sonoma County after this week’s massive rainfall. Wouldn’t it be nice to have a system that can helps manage these huge fluctuations in water? Enter Brown’s plan. 

In terms of planning ahead, you may have seen on TV how they measure the snowpack in the Sierras using the depth of the pack, which gives an indication as to the existence and/or severity of a drought. 

The reason that the snowpack is critical is that the snow is a great way to store water, which can run off later into the system. Now, factor in climate change, or if you don’t like the idea of climate change, just call it drought. When temperatures in the Sierras get much above 30 degrees, we don’t get snow. We get rain, and rain doesn’t get stored. 

The Takeaway 

Let’s put the pieces together. The three big water sources for Angelenos are the Owens Valley (DWP), the Colorado River Aqueduct, and the California Aqueduct (MWD), plus a variable amount of local water through our water basins and recycling. 

Over time, it is clear that the amount of available water from the Colorado River and the Owens Valley will decrease, not increase. Guess what that leaves? That’s right, the California Aqueduct, which produces a large but extremely intermittent flow of water. Thus, the Delta tunnel project. 

The project will help the environment (the 100,000 pages of CEQA documents), and the project will provide more water storage as well. Maybe that could have helped avoid this week’s flooding up north. 

Absent something like the Delta tunnel project, it is not likely that the amount of water available to pump from the California Aqueduct will increase anytime soon. And while MWD contracts for up to two million acre/ft. per year, with regulatory/environmental requirements, the actual amount received is more like 50% of that figure -- which could go down. 

While a $15 to $17 billion plus bill to build the tunnels sounds like a lot of money, consider the B Plan: not having enough water to support us. Remember, without the Owens Valley Aqueduct (politically correct name, the Los Angeles Aqueduct), there wouldn’t be much of a Los Angeles. 

And I would remind folks that big capital projects take a lot of time to complete. Just look at our freeways and CalTrans attempts to fix/build them when bad stuff happens. I think a few bucks a month for ratepayers represents a sound investment. Heck, maybe someday we can even water what used to be our lawns.

 

(Tony Butka is an Eastside community activist, who has served on a neighborhood council, has a background in government and is a contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

Los Angeles 2024 Olympics: What’s Not to Like?

LA WATCHDOG--On Friday, the Ad Hoc on the Summer Olympics Committee will meet to review the City’s and Los Angeles 2024 Exploratory Committee’s (“LA24”) bid to host the 2024 Summer Olympics.  And without doubt, this seven member committee chaired by City Council President Herb Wesson will approve moving forward with submitting the well-conceived bid to the International Olympic Committee (“IOC”) on Friday, February 3. 

After all, almost 90% of Angelenos support hosting the 2024 Summer Olympics. 

But there is the issue of the City’s exposure to losses as our cash starved City will be required to indemnify the IOC and the United States Olympic Committee against any losses.  

Based on the updated projections prepared by LA24 that have been reviewed in detail by KPMG and Miguel Santana, our trusted City Administrative Officer, the $5.3 billion Olympic budget has a Contingency Reserve of almost $500 million, representing over 10% of the $4.8 billion in expenditures.  And this is after other contingency reserves built into the development of individual venues. 

The updated budget is a vast improvement from the 2015 Budget as the Contingency Reserve increased to $491 million from $161 million.  

The new budget ditched the building of a de novo Olympic Village on the site of Union Pacific’s Piggyback Yard.  Instead, LA24 has made arrangements to use UCLA and USC dormitories, resulting in savings of an estimated $1 billion.  

There are also considerable savings that LA24 is able to achieve by using existing venues, ranging from the Coliseum, the Rose Bowl, Staples, StubHub, Pauley Pavilion, Galen Center, and numerous other locations throughout Southern California.  

The management has also fine-tuned its projections by developing a detailed, bottoms up financial model and benchmarked its “conservative” assumptions and results against the London 2012 Olympics and other mega events. 

The City and LA have developed a Memorandum of Understanding (“MOU”) that protects the City’s coffers.  Importantly, it calls for a $250 million Contingency Reserve to be funded prior to the beginning of the Games.  

The MOU also requires LA24 to obtain insurance policies to cover natural disasters, terrorism, and event cancellation as well as coverage for “reduced ticket sales and other revenue sources should the events become less appealing.” 

As a side note, the State will reinsure the City’s exposure by agreeing to absorb $250 million of losses, but only after the City has taken a hit of $250 million. 

The City will also be reimbursed for its incremental out-of-pocket costs for providing “enhanced municipal services” such as police, fire, sanitation, traffic, and parking control. 

The MOU also allows the City to oversee the operations and finances of the Olympics by allocating one-sixth of positions on the Board of Directors and its committees to the City and by requiring LA24 to provide the City with timely financial information and other information. 

However, the City’s requirement that LA24 comply with all applicable City laws and ordinances may result in significant cost increases because of its prevailing wage and work rule requirements, especially if it involves city-specific venues.    

Hosting the Olympic Games will also increase economic output by around $11 billion, provide numerous full time jobs, and produce additional tax revenue according to a report prepared by Beacon Economics.  On the other hand, the State’s Legislative Analyst stated that “some short-term economic gains in 2024 and in the years before the Games are likely.  Lasting economic gains, however, appear unlikely.” 

LA has an advantage over Paris and Budapest because we are “Games Ready.” This allows us to use our existing world class infrastructure to meet the goals of the Olympic 2020 Agenda which emphasize environmental sustainability and minimizing financial risk.   

The IOC will announce its decision on September 13 in Lima.  

And assuming we win the bid, as well should, then the hard work will begin as preparing for this mega event with so many moving parts over the next seven years will be a monumental task requiring excellent management. 

But the City’s biggest risk is our own Elected Elite who do not have the common sense to leave well enough alone and let management do its job. Oversight is OK, but no day to day meddling, no interfering with operations, and no asking for favors or preferential treatment.  

We also need to wary of mission creep where City Hall decides to accelerate numerous infrastructure projects that have the potential for cost overruns and delays that interfere with the success and finances of the Olympics.   

LA24 has done a very good job of developing a plan that protects the City from financial loss.  But LA24 and Angelenos must also protect the City’s coffers from our Elected Elite. 

 

(Jack Humphreville writes LA Watchdog for CityWatch. He is the President of the DWP Advocacy Committee and is the Budget and DWP representative for the Greater Wilshire Neighborhood Council.  He is a Neighborhood Council Budget Advocate.  Jack is affiliated with Recycler Classifieds -- www.recycler.com.  He can be reached at:  [email protected].)-cw

Lt. Gov. Newsom: ‘California Can Stop Trump’s Wall in Court … Never Going to Happen’

California’s lieutenant governor has warned that the state can use an environmental lawsuit to block President-elect Donald Trump’s efforts to build a border wall. 

The state could sue under the California Environmental Quality Act or its federal equivalent to stop the wall, a proposal that Gavin Newsom called “laughable” in an interview on the Golden State podcast. 

“There’s something called CEQA in California -- there’s NEPA [National Environmental Policy Act] at the federal level,” said Newson, who’s running for governor in 2018. “There’s indigenous lands and autonomies as it relates to governance on those lands. There are all kinds of obstructions as it relates to just getting zoning approval and getting building permits. All those things could be made very, very challenging for the administration.” 

That’s “just simply never going to happen,” Newsom said of the wall. “It’s logistically impossible. It’s a laughable proposal that somehow Mexico’s going to pay for it. It’s just not going to happen.” 

Both environmental laws were passed to protect the environment, and both have been successfully used to block building projects.  

The environmental effects of border barriers are becoming increasingly clear in several European nations. The increase in the use border fences in the ongoing refugee crisis overseas is impeding the flow of wildlife between countries, with damaging consequences, according to recent research. 

“These fences represent a major threat to wildlife because they can cause mortality, obstruct access to seasonally important resources, and reduce effective population size,” concluded a 2016 study published in PLOS Biology. 

Researchers noted in California’s case that “conserving biodiversity on an increasingly crowded planet will always involve a combination of applying ecological knowledge and skillful politics.” 

How ready is California to fight Trump’s policies on the border and elsewhere? Very, said Newsom. “There’s no indication that he’s changed. That means we have to be prepared for the worst.” If Trump goes through with many of his plans, there’s “going to be a lot of confrontation.” 

Newsom doesn’t seem concerned about alienating the next administration and isn’t cowed by Trump’s threat to cut funding to California because it’s a sanctuary state. “The United States of America needs California more, with all due respect, than California needs it from an economic perspective,” said Newsom. “California is the economic engine of the country.”  

The podcast is part of a series of stories and interviews created in tandem with San Francisco magazine on “The Resistance to Donald Trump.” 

Anticipating battles with the Trump administration, California has placed former U.S. Attorney General Eric Holder on retainer for help with legal responses.

 

(Mary Papenfuss is a Trend reporter at the Huffington Post where this piece was originally posted.) Prepped for CityWatch by Linda Abrams.

Mayoral Candidate Schwartz Calls for Federal Criminal Investigation into Developer Pay-offs at LA City Hall

CORRUPTION WATCH—Candidate for LA Mayor, Mitchell Schwartz, is turning up the heat on the so-called soft corruption at City Hall issue exposed recently by the LA Times. Schwartz is calling on US Attorney for LA, Eileen M. Decker to open a criminal investigation into payments that real estate developers have been making to Mayor Eric Garcetti and to some Los Angeles Councilmembers. 

After Mr. Schwartz (photo above) recounted the revelations concerning the Sea Breeze project by developer Leung where thousands of dollars were given to campaigns and causes of Mayor Garcetti and numerous LA City Councilmembers, he noted that this problem is not new. Back in 2006, then in-coming Planning Director Gail Goldberg had warned Eric Garcetti, who was then councilmember for CD 13 at the time, not to allow developers to get the zoning they desire. Ms. Goldberg’s exact words in 2006 were, "In every city in this country, the zone on the land establishes the value of the land. In Los Angeles, that's not true. The value of the land is not based on what the zone says ... It's based on what [the] developer believes he can change the zone to. This is disastrous for the city. 

Candidate Schwartz pointed out that the US Attorney has the power to interview City Hall insiders about the ways in which developers have been getting the zone changes which they want. The big wigs can all lie to reporters, but the City Hall insiders including former field deputies as well as department heads have to cooperate with a federal investigation. We all remember what happened to Martha Stewart when she wasn’t forthright during a federal investigation. 

With the plethora of city council wannabees, only Mayoral candidate Mitchell Schwartz has thus far taken this bold step. Schwartz punctuated his announcement thusly: “If the developer and politicians were committing crimes, they must be held accountable.”

 

(Richard Lee Abrams is a Los Angeles attorney. He can be reached at: [email protected]. Abrams views are his own and do not necessarily reflect the views of CityWatch.)

-cw

Measure ‘S’ is Bad for Los Angeles and Bad for Latinos

LATINO PERSPECTIVE-I was originally interested to learn about Measure S, formerly known as the “Neighborhood Integrity Initiative,” since there are many reasons to criticize planning and development in Los Angeles. I believe we can do a better job of creating a city where homeowners and renters, working and middle class people can live side by side and can get around. We need a city in which people who grow up here can afford to stay here in a growing economy that is welcoming to immigrants. 

But after reviewing a report by my local paper, the Larchmont Chronicle, on the arguments made in support of the initiative at a community forum at Third St. School, it became clear that this measure would have many negative effects on Los Angeles, and even more so on immigrants and the Latino community. Far from helping us achieve a welcoming city, it would have the opposite effect by making LA more expensive and crowded. It’s worse than cutting off your nose to spite your face. It’s more like cutting off your leg to fix your stomach ache. 

As a Hancock Park resident who ran for City Council in 2015, I understand some of the frustration. Our community plans are out of date, making development appear haphazard. Los Angeles has the potential to grow in a way that protects our traditional neighborhoods by placing urban amenities near transit, but we need stronger leadership to get there. 

As was clear from the account published in December’s Chronicle, the backers of Measure S are all frustration and no leadership. Their vision is purely negative and they are eager to criticize everything and build nothing. They imagine we can turn back the clock, but their plans would hurt renters, first-time homebuyers, and anyone who hasn’t put down solid roots. In today’s Los Angeles, where vacancy rates hover around 3 percent, their proposed building moratorium is a recipe to raise rents. It would hurt families and push many into homelessness. 

Measure S problems 

That’s not to say that we should do nothing. Here are three of the main problems that Measure S proposes to fix — and the reasons why the problems would be left worse under the initiative: 

  1. Campaign finance. Measure S’s backers criticize developer contributions to political campaigns, but their measure is silent about who may donate. We should have an honest conversation about how to get money out of politics. 
  1. Housing affordability. More than 270,000 Los Angeles households are “severely rent-burdened,” meaning they pay more than 50 percent of their income in rent. Measure S’s backers criticize luxury housing, but there is not one word in the initiative that regulates housing prices, nor does it leverage funds to build affordable housing. Further, the best tools to build the housing we need to make Los Angeles affordable would be lost in a building moratorium.
  1. Out-of-date plans. Measure S’s backers say that the desire for new development would “force” the city to update its plans. How? Plan updates typically take up to 10 years in Los Angeles, and the measure provides no new money to update them. Fortunately, there is movement in City Hall to fix this, including new money in the Mayor’s budget to hire planners to expedite the process. 

We know Measure S won’t do what its backers promise. So what will it do? 

It will prevent us from housing the homeless. Measure S says it has an exemption for “100% affordable housing,” but that exemption does not extend to projects that require General Plan Amendments. The City of Los Angeles published a list of sites that could be used to develop affordable housing, like the housing we all just voted for with Prop HHH. Of ten proposed sites, Measure S bans building on nine of them. 

It will shut down needed development. Even if we could build 100% affordable housing, why should that be our only option? This rules out needed housing developments that include affordable units next to market-rate apartments. It’s easier to protect neighborhoods like Hancock Park if you can build denser, more urban buildings in other parts of the city — and by current estimates, Los Angeles needs to add 500,000 new units of housing to make our city affordable for working people. 

It will hurt our economic recovery. Beacon Economics calculated that two years of Measure S would suck $3.8 billion out of our local economy, destroying not only thousands of construction jobs but also all the employment they support. It will lower our city tax base by over $70 million each year — enough to hire 1,000 police officers or firefighters. 

It could last for 10 years. They say it’s a two-year moratorium — but it will prevent development for as long as it takes to update our community plans; it offers no new funding to do that; and it offers many opportunities to file lawsuits to slow down the process. In ten years, job losses could top 120,000. 

It will protect no one and preserve nothing. The best way to protect our single-family home neighborhoods is to build new housing next to transit. We can have a city that welcomes newcomers and makes room for the young without “turning into Manhattan.” We shouldn’t pretend to be Manhattan, but we shouldn’t pretend to be Kansas City or Fresno either. 

At the end of the day, Measure S lacks vision, is motivated by anger and frustration at the present and an aesthetic preference for the suburbs. Most Angelenos want a city that will grow in a way that is humane and welcoming. We should reject this measure, continue to make our voices heard, and look towards the future if we want to create a true 21st-century Los Angeles.

 

(Fred Mariscal writes Latino Perspective for CityWatch. He came to Los Angeles from Mexico City in 1992 to study at the University of Southern California and has been in LA ever since. He can be reached at [email protected].) Edited for CityWatch by Linda Abrams.

Open Letter to LA City Hall: Privacy is a Right … Is Anyone Listening?

VOICES--Thank you for your service to us the citizens of LA. 

I am a long time resident and Landlord (one rental unit as I live in the upper) who has annually, without fail, registered my one rental unit and paid the fee which for me is $67.83.  In reading and filling out the papers for the 2017 HCIDLA, I was shocked and disillusioned to find out that The City Council and the Mayor has come up with a requirement that Landlords must not only pay a fee for each unit but they must fill out Form RR 17 U Annual Rent Registry Form which you should be familiar with as you may have voted for it.   

The form requires Landlords to reveal private information that should only be between the Landlord and the tenant. Now this information will be put on the internet for anyone to put in an address and get the amount of rent, utilities by the way Water was not on the form and I do pay for the water and garbage fees. The form also asks about parking included in the rent collected. 

This is an invasion of privacy between the landlord and the tenant. The form wants the year the tenant began tenancy.  No ONE should be able to know these things!!!!!!! A Rental Agreement is a private contract between the Landlord and the tenant-----no one else should be privy to this information.  This will pit neighbor against neighbor. 

What about my rights? The tenant knows what he is paying.  No one else should. 

The issue of Short Term Rentals in this community has caused so much turmoil that people are no longer speaking to each other as a result.  I can not imagine imagine what looms ahead if this ill thought out requirement is allowed to continue.  DO NOT put this out for public perusal and ultimately causing untold problems in all communitiesin LA. 

Shame on the City for Blindsiding the good Landlords without contacting us with letters explaining the whys and wherefores of this requirement.  IT is WRONG, WRONG, WRONG, WRONG. 

I filled out the form as I want the legal right to collect rent and provide housing in LA. 

I am against it and want this discontinued now. 

Shame on you all for not listening to the Apartment Owners Association during the period that this was being discussed.  I guess that none of you on council own rental property.  Think about how you would feel if your private financial agreements were posted on the internet? 

Please let me know what is the reasoning for this invasion of my … and my tenants … privacy?

 

(Carol Kapp is a duplex owner living in Playa del Rey.)

 

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