GUEST WORDS--Under Lee Baca’s leadership people were racially profiled, women were molested, immigrants were deported, and there were many walls built to keep specific people away. Sound like a certain President-Elect? He also married someone who emigrated from Asia, had a self-proclaimed law-and-order reputation, gave celebrities special treatment, served with a second-in-command who was just as corrupt, and condoned a historically violent, racist organization without specifically admitting to personal acts of violence or racism. This organization was not the Ku Klux Klan, but the Los Angeles County Sheriff’s Department. 

So how did Los Angeles topple the oppressive power of former Sheriff Lee Baca after electing him to hold it? And how were we able to simultaneously form a Civilian Oversight Commission to put power in the hands of the people? Leaders emerged. 

On December 6, 2016, exactly 151 years to the day the 13th Amendment was ratified, former Sheriff Lee Baca is scheduled to face a federal judge and the prospect of 20 years in prison for obstruction of justice. Organizations like Dignity and Power Now are largely responsible for this, due to their uplifting the dialogue of formerly incarcerated people and building social and political pressure. 

Five years ago, a year before I put a hashtag in front of Black Lives Matter and sparked a global movement, I began leading a movement in Los Angeles. My brother had suffered a concussion after being severely beaten by deputies in the county jail, so I developed a performance art piece that sparked a coalition that shaped an organization, called Dignity and Power Now (DPN.) We would stand for hours outside the county jails and talk to people, a majority of them Black and Brown. Their stories of abuse were not being reported on the news, so we held press conferences. Solutions were not on the politicians’ agendas, so we showed up until they were. People wanted to end sheriff violence and implement accountability, so we demanded civilian oversight of the sheriff’s department. 

The first time the county supervisors voted on implementing a civilian oversight commission we showed up with 300 formerly incarcerated people who shared their stories of oppression and resilience. The supervisors voted 3-2 against it. We didn’t stop. We continued organizing, holding events, and meeting with supervisors and candidates. Four months later, on December 9, 2014, the Los Angeles County Board of Supervisors voted in favor of civilian oversight. 

The commission will be functional by January, and although it’s a huge step in the right direction, it is not perfect. They still need the power to subpoena the sheriff’s department and other agencies involved in custody operations. That would require a change to the county charter and a public vote.

The fact that there is former law enforcement, including a former LA County sheriff’s lieutenant, appointed to the commission raises serious concerns about whether it will protect incarcerated Black and Brown people, which is what the community and I have urgently fought for. And while we succeeded in electing a new sheriff, last year use of force in the jails went up 40%. We just elected Janice Hahn and Kathryn Barger to the LA County Board of Supervisors, giving it its first female majority and democratic supermajority, but just before that the board approved a new women’s jail and a new mental health jail, ignoring the research that has proven that jails can never be effective sites of care. 

There is more ground to cover that could have grave impacts for those criminalized and incarcerated under a law-and-order presidency. Every day the choices that Donald Trump makes stirs the country’s attention, but the leadership worth looking to isn’t that of high-ranking political figures -- it’s that of the people on the ground. If you look to Los Angeles you will find leaders creating law enforcement accountability and fighting for Black lives. If you look to Oakland, Minneapolis, Chicago, St. Louis, Baltimore, and Toronto you will find the same. 

This year people can associate December 6 as the day Lee Baca will go to trial, or the anniversary of the 13th Amendment, or as another day closer to when we will be subjected to a Trump presidency. Or, collectively, as a movement, we can choose to see it as another day that we will show up in our communities and we will lead.

(Patrisse Cullors is a Los Angeles-based artist, organizer, and freedom fighter. She is also the co-founder of #BlackLivesMatter. This piece first appeared at HuffingtonPost.com. Prepped for CityWatch by Linda Abrams.

ANIMAL WATCH--A marauding California mountain lion has clawed his way back from almost certain execution thanks to a kind-hearted alpaca owner. (See CityWatch story: ‘America’s Favorite Cat’.) [[

Los Angeles wildlife authorities suspect that the big cat, known as P-45, killed 11 alpacas and injured others in an attack near Mulholland Highway in Malibu in November. The beast ate only one of the animals.

“It seems to enjoy killing things,” noted alpaca owner Victoria Vaughn-Perling.

Neighbors believe P-45 may be responsible for the death of up to 65 pets and other domesticated animals in the area over the past year.

The California Department of Fish and Wildlife and the National Park Service had granted her permission to kill the 5-year-old mountain lion. 

But word of the permit angered environmentalists and triggered heartfelt appeals from animal lovers across the nation.

“Eliminating P-45 does not solve the problem, especially given there are at least four mountain lions in the Santa Monica Mountains that have killed livestock over the past year,” said Kate Kuykendall, acting deputy superintendent for the Santa Monica Mountains National Recreation Area. “Nor is P-45’s behavior abnormal or aberrant in any way. If animals are stuck in an unsecured pen, a mountain lion’s natural response can be to prey upon all available animals.”

Vaughn-Perling has now changed her mind about killing P-45 and agreed to let wildlife officials capture the male animal. They will decide whether to relocate the cat to a more remote location in the Santa Monica mountains or place him in captivity, her attorney told the Los Angeles Times.

Relocation may not be successful, however, because P-45 could seek out his old territory especially now that he “knows where the restaurant is,” said one of Vaughn-Perling’s neighbors.

Los Angeles County Supervisor Sheila Kuehl issued a statement thanking Vaughn-Perling for her decision to “spare the life of one of the precious few mountain lions left in our Santa Monica Mountains.”

But the clash between area residents and the cats won’t likely disappear any time soon.

Up to 15 mountain lions live in the Santa Monica Mountains between Highway 101 and the Pacific Ocean, according to a federal study.

The state Wildlife Commission approved a $7.1 million expenditure last month to purchase land in the area to provide a safe habitat for the animals. Some environmental activists are also hoping to raise funds for a bridge that wildlife could use to travel safely over the highway.

• See also, CityWatch story: ‘P-22-The Cat That Changed America’ 

(Mary Papenfuss writes for Huffington Post … where this piece originated.)

-cw

GUEST WORDS--When the Los Angeles Department of Water and Power made its case to its 1.4 million customers for its latest rate proposal, staff made more than 80 presentations to many customers in Los Angeles. In these discussions, LADWP emphasized its commitment to providing clean and reliable water and power to all customers while maintaining competitive rates. LADWP leaders and staff explained – with transparency – the Department’s goals and its need for funding to accelerate the replacement of rapidly aging infrastructure, meet mandates to green our grid and expand local water supplies, and improve customer service. In the process, LADWP also received useful and important feedback from ratepayers of all customer sectors. Ultimately, the rate proposal was approved in March 2016, strongly supported by many elected officials and customers. 

But the work only began there. Approval of the rate proposal comes with several expectations, including meeting specific milestones and benchmarks that clearly define LADWP’s organizational goals and objectives. These key performance indicators will increase LADWP’s efficiency and goals of transparency with the ratepayers. While reporting on benchmarks and achievements is common among many public agencies and utilities, LADWP is going a step further by establishing the Equity Metrics Data Initiative (EMDI) -- a first for any utility in the nation. 

The EMDI is consistent with the Mayor’s various executive directives on gender equity, workforce and affordable housing as well as the City Council’s recently-adopted instructions on LADWP reform related to low income seniors, equitable clean energy solutions and low income customer response. The initiative will also enable the Department to weave Equity throughout the enterprise, and embed it as a cornerstone of LADWP management and Board best practices. 

“Equity,” which is defined as “fairness, impartiality and justice,” is essential in all of LADWP’s operations. As a core component of this principle, the Department adopted data-driven metrics that track, measure and report on how LADWP’s programs and services are provided to all of its customers. As the largest municipal utility in the nation, LADWP has made a firm commitment to ensure that LADWP’s services and operations reach all customers fairly and to vastly enhance customer engagement and service. 

The Board of Water and Commissioners, where I serve as Vice President, adopted this initiative in August 2016, following many discussions with stakeholders and a preliminary community meeting in July. In October, staff hosted another meeting with a broad range of community stakeholders to fine-tune the metrics. In November the DWP Advocacy group, which consists of Neighborhood Council leaders, was briefed. Further Neighborhood Council briefings are expected. At the December 6 Board meeting, the Board adopted the four major categories of the Equity Metrics, covering 15 key specific metrics that will be benchmarked and monitored. LADWP derived these 15 equity metrics from a menu of 50 equity metrics, the balance of which may be addressed in the next several years by the Commission. 

1. Water and Power Infrastructure Investment. LADWP already collects considerable data on service reliability. However, to assure every customer and community in Los Angeles that LADWP is providing them with a safe, consistent supply of water and power, geographic data must be collected about water and power reliability, infrastructure improvement projects, and maintenance services. This category of metrics will track: the Power System Reliability Program, which details the replacement of critical power infrastructure like power poles, transformers and cables; the Water System and the replacement of mainlines, trunk lines and other water infrastructure; the likelihood of power failure and the duration of outages that occur, which will ensure that LADWP remains among the most reliable; and feedback about the quality of drinking water. 
2. Customer Incentive Programs and Services. LADWP offers many programs to customers to help them save on their bills. The Equity Metrics Data Initiative will collect data and evaluate the equity of impacts of the following programs in geographic regions of the city, among socioeconomic subgroups and among multi family, affordable and single family housing ratepayers: Commercial Direct Install Program, Low Income and Lifeline Programs, Electric Vehicle infrastructure, Refrigerator Exchange Program, Home Energy Improvement Program, Turf Removal Rebates, Tree Canopy Program, and the Rain Barrel, Cistern and Water Tank Rebates. 
3. LADWP will expand its existing data collection process for contracts and contractors to include more granular data that will provide information about the equity of contract allocation according to several metrics including: the number and dollar value of contracts awarded to women-owned, minority-owned, disabled veteran-owned and LGBT-owned businesses; business locations; industry category, etc. Equity in procurement can increase LADWP’s efficiency by encouraging increased competition among vendors.
4. LADWP will expand its existing data collection framework to include information that will evaluate the equity of training and hiring practices according to the following metrics: gender, ethnic background, disabled veteran status, date of hire, residential location, educational level, etc.

When dynamics are observed that disproportionately or adversely affect particular communities or groups of ratepayers, LADWP will be able to make adjustments that improve fairness and equity throughout its service area for everyone they serve.

LADWP will report on the first set of EMDI findings in February 2017. The Department will continue to fine-tune the metrics and later add more to be monitored, to help ensure equitable service delivery and access to its programs and services. We should all stay engaged and supportive of LADWP’s commitment to transparency and accountability as it advances equity for all of its customers and communities. This is a vital and transformative initiative that will be achieved amidst LADWP’s consistent success in keeping our water running and our lights on, safely and reliably, for all of us.

(William Funderburk is Vice President of the Los Angeles Board of Water & Power Commissioners.) Prepped for CityWatch by Linda Abrams.

SNAPSHOT ANALYSIS—(Here’s what David Zahniser reported in the LA Times on Thursday: ‘Spurred by years of complaints from neighborhood groups, the Los Angeles City Council voted Wednesday to seek new restrictions on “mansionization” — the practice of constructing houses that are far larger than those nearby. On a 13-0 vote, lawmakers asked City Atty. Mike Feuer to rewrite sections of two city ordinances that regulate the size of new homes in single-family neighborhoods and in hillside areas.’ We asked our ‘mansionization’ expert, Shelly Wagers, to make sense of what happened and answer the question: Is the McMansion Crisis now over? Here’s how she capsulized it:

Big picture, the Council took quick and decisive action yesterday to get amendments to the mansionization ordinances back on track.  Councilmember Koretz has shown consistent leadership on the issue, Councilmember Ryu continued to deliver on his campaign promises, and Council President Wesson, who had kept his powder dry on this one, stepped up big-time to sponsor the Motion the Council voted on yesterday. 

As they now stand, the amendments go a long way towards addressing the failures of the existing ordinances. The ratio used to set basic size limits is far more sensible, many self-defeating bonuses have been eliminated, and most hillside-specific issues like grading and hauling have been resolved. 

Only one issue remains troubling:  Front-facing attached garages.  Because they are uniquely damaging and because counting space within the walls is an eminently reasonable way to calculate the size of the structure, we would have liked to see all the square footage of front-facing garages count floor space.  Instead, 200 sq feet will remain uncounted.  The concern is not the 200 sq ft per se, it is rather that this “freebie” continues to incentivize (or at least reward) a singularly unfortunate design feature.  (For reference, I’m attaching the text of my comments on this point at yesterday’s hearing.)  It’s not clear at this time whether or not we will have an opportunity to tighten this loophole. 

BIG thanks to CityWatch, by the way, for providing the most consistent coverage of this issue of any media outlet in the region. The Council would never have taken action without strong pushback from homeowners and residents all over the city.  Activists deserve tremendous credit for forcing the issue.

+++++++ 

Here are Shelley’s comments from Council Meeting:

I’m Shelley Wagers from Council District 5, and I thank you for making mansionization a priority.  

The original Motion this Council adopted to amend the BMO identified attached garages as a uniquely damaging loophole.  Here’s why:

Attached garages add 400 square feet of bloat to a house.  

They eliminate the buffer that a driveway provides.

They use wide curb cuts that reduce street parking and destroy mature street trees.

They disrupt the look and feel of many LA neighborhoods.

Excluding attached garages is like weighing yourself with one foot off the scale.

CPC President David Ambroz put it this way:  “Square footage is square footage …”

No one is asking you to prohibit attached garages.  But they must count as floor space.

(Shelley Wagers lives in the Beverly Grove neighborhood and has been involved in anti-mansionization campaigns in Los Angeles for over a decade.)

-cw

NIX THE AUTO VU SYSTEM-On October 1st, at the direction of Mayor Garcetti, three Genetec AutoVu™ patrol vehicles were released into the flow of LA traffic like Trident submarines into the North Atlantic. 

Mounted on the vehicles were multiple SharpX automated license plate recognition cameras -- each capable of reading and capturing “thousands of license plates per shift” -- day or night -- then checking the plates against a database in real time, with vehicle occupancy counts also being an option as well as “silent” notifications of law enforcement when warrants are detected. 

The purpose of all this? Anti-terrorism? Preparations for a drug-trafficking sting? 

No. The purpose is parking enforcement. The AutoVu™ system is a tool for collecting unpaid parking fines, with a particular emphasis on tracking down vehicles eligible for impounding.  

The contractor who runs the program, Xerox State and Local Solutions (which lobbies the city aggressively through Englander, Knabe, and Allen,) gets paid a 2.5% commission by the City for all fees and penalties incurred by the individual late on his or her parking fines. Xerox gets $27 per citation on Special Collections. 

The gold standard of penalties is impoundment, by far the most lucrative infraction to impose upon Angelenos, as it costs the owner hundreds of dollars. 

By creating a program that incentivizes the contractor to get cars impounded, the Mayor has, in effect, put a bounty on the head of every vehicle owner in Los Angeles -- and by extension on the loved ones of that owner. 

The AutoVu™ system is a dragnet.  

Impoundment is not always caused by people not paying their parking tickets. It is a punishment often meted out unjustly to individuals who, for example, leave their car on the street for greater than 72 hours -- a rule not well-known to the public and never posted on street signs, as the City learned not too long ago in a lawsuit. 

The AutoVu™ system should be shut down. 

Data derived from a dragnet of license plates can be used for blackmail and extortion. Similarly, there is no downside for AutoVu “hunters” to make false enforcement claims -- especially on residents for whom English is not their first language. Inevitably, some percentage of those victims, not sure how to contest the impounding, will pay the fine.  

Life is hard enough without government sponsored profit seekers marauding around prying into the business of everyday residents. 

But from an economic view, it’s not hard to see the temptation for Mayor Garcetti in choosing to implement the program.  AutoVu™ is lucrative. As the brochure boasts, it took Fort Lauderdale just two months to recoup its investment.  

The “number of cars booted” was up 1400%” in that city -- 600 cars booted in just eight months, leading to a bounty of over $200,000. The revenue boost for Monroe Community College, another AutoVu™ client, was 750%. 

Mayor Garcetti needs the money, because he squandered millions of dollars defending against a lawsuit that asked for nothing more than that the City stop allowing Xerox to be the adjudicator of parking ticket appeals, given that Xerox is a private company that loses money whenever those appeals succeed. 

The Mayor lost the lawsuit on August 6, 2016 and so was required to hire City employees to replace the Xerox adjudicators. “Additional costs are anticipated,” the LADOT Director wrote.  

“Tickets should be used to manage parking, not as a revenue source, and that is what I am going to look to do,” Mayor Garcetti wrote, according to the Daily News during a chat session on the website Reddit shortly after being elected. 

So call off the dragnet, Mr. Mayor. Please.

(Eric Preven is a CityWatch contributor and a Studio City based writer-producer and public advocate for better transparency in local government. He was a candidate in the 2015 election for Los Angeles City Council, 2nd District. Joshua Preven is a CityWatch contributor and teacher who lives in Los Angeles.) Prepped for CityWatch by Linda Abrams.

15 CANDLES, 96 POINTS OF LIGHT--(Editor’s Note: This month marks the 15^th anniversary of the certification of Los Angeles’ first Neighborhood Council. CityWatch is celebrating with a multi-month celebration of introspective articles and view points on how LA’s Neighborhood Councils came about, how they’re doing and how their future looks. This perspective by Tony Butka is just such an effort.)  

The December LANCC meeting was a free-wheeling event, going over past successes and generally talking about Neighborhood Councils and what they’ve become -- and shrunk into. One of the good things discussed was the fact that there are a lot of new faces in our neighborhood councils after the last election. 

Of course the flip side of these changes is the loss of institutional knowledge about the Neighborhood Council System. This reality, coupled with the observation that some of the “old timers” view of “how things should be” is not particularly useful to new Board members, prompted this piece. 

For context, back in August 2014, I wrote in CityWatch about the systematic marginalization of the City’s Neighborhood Councils. 

Here is a more succinct comparison of how the NC System started out vs. what it has become in 2016. 

Then and Now. 

Back then, DONE, the Department of Neighborhood Empowerment, had over 60 employees to help the Neighborhood Councils live up to their mandate; now there are around 20 on the staff, and it’s been as low as a dozen. 

Then, DONE staff helped the NCs do their own thing and learned together with the Neighborhood Councils; now the current staff has high turnover, don’t really know what they are doing, and keep reversing their “advice” after they go back and check with the Mothership DONE. 

Then the General Managers job was to provide support for the Neighborhood Councils, including providing them with meeting space and ongoing help; now the General Manager is simply a cheerleader for the Mayor, bouncing around doing his bidding. Just check out one of the recent email blasts.  

Then, the Neighborhood Councils could go their own way in establishing bylaws and Standing Rules; now the Neighborhood Councils are told what to do by the bureaucratically-bound BONC. (Bureau of Neighborhood Commissioners.) BONC just had a “Special Meeting” to spend our money on telling us what to do by setting up their own newsletter.  

Then, BONC recognized their role as helping the NCs in establishing boundaries and helping with elections; now, BONC acts as an alien Mothership, telling the NCs what they can and cannot do. 

Then, the NCs got $45,000 a year and the City processed their bills with a minimum of paperwork and delay; now, the Neighborhood Councils get $35,000 and can’t even get most of their paperwork processed within a year, since DONE has all of two or three accounting people to handle the increased paperwork of some 96 Neighborhood Councils. 

Then, the City Attorney rarely offered legal advice, and when they did, it was in writing with file numbers on it; now, the City Attorney doesn’t even bother to give advice in public, instead hiding behind a bogus ‘attorney-client privilege’ theory to cover up the fact that their so-called legal advice will not stand up to the light of day. Check out this one. 

My Friends, It is Time to Reinvent the Neighborhood Council System. 

By way of feedback from newer Board members, there seem to be at least two areas that drive them nuts. First, is all that Ralph M. Brown Act stuff and what they have to do to comply with it that takes forever. Second, was all of the time it takes to handle items that involve spending money. Between these two issues and the DONE staff telling them what they can and can’t do, Neighborhood Councils are hard pressed to get any real Neighborhood Council things done in the space of a meeting. 

Fair enough. So here are some practical suggestions. 

The Brown Act. 

Regarding the Brown Act, the only really big deal here is that you do have to post agendas at least 72 hours in advance of the meeting. These days that usually mean: (1) electronic posting and (2) physical posting. While the DONE requirement of canceling the meeting is not technically correct, don’t bother to fight City Hall on this one. Hint - make the posting place very handy for most of the Executive Committee. 

Regarding DONE’s other Brown Act “advice” on what you can and can’t do regarding a specific agenda item, you can do your thing and ignore DONE. Truth is, before anyone can do anything to a NC on these kinds of alleged violation, it can be fixed -- if indeed it really needs to be addressed at all. Here’s what the First Amendment Coalition has to say on the matter: 

“Sending a cure and correct demand letter is only appropriate when an action has actually been taken that needs to be corrected. In other words, if the Brown Act is violated yet no action was taken, then a cure and correct demand letter would not be sent. Rather, a person would turn to the courts for an order preventing future violations or would ask the district attorney to do so.” 

As far as I know, nobody has ever taken a Neighborhood Council to court. So, if DONE or a rep says you can’t or shouldn’t have done something, first tell them to give it to you in writing. They will have to go back to the Mothership and figure it out before deciding if they were actually right. Furthermore, unless it’s something of the magnitude that would require a cure and correct letter, who cares what they think? 

Along those lines, if you do something that excites DONE enough to have the City Attorney send you a “confidential attorney client” email, read it out loud in public at your next meeting. The City will tell you that if you waive the privilege and do this, you could be personally liable for litigation. Don’t believe a word they say. First, Neighborhood Councils are advisory only by statute, and hence there’s not much they can do that would expose anyone to litigation. Second, in the entire history of the Neighborhood Council System, I am unaware of any Board or Board member having ever been sued by anyone, except for one guy back in the day that stole money. The current City Attorney advice is just unethical intimidation. 

So much for the Brown Act and wasting a bunch of time catering to DONE instead of doing what you were elected to do -- outreach and keeping the politicians honest. Another suggestion that came out of the LANCC meeting that I like, was to use a Town Hall format for anything other than the minimum legally required Board meetings and simply avoid the Brown Act totally. 

The Money Stuff. 

Most Neighborhood Councils get tied up in knots over trying to expend the money that they get. Our own Glassell Park Neighborhood Council spent almost a whole year with their funds blocked because of a screw up by DONE itself. So, here’s some hard won wisdom. 

First, make sure everyone has taken the Funding Training that DONE requires, and then quickly have everyone except the Treasurer forget all about it. People get caught up over what the NC can and cannot do. It’s a sucker’s game. Do your thing and unless the Treasurer says you can’t, just do it. 

If DONE doesn’t like something, they won’t pay it for it anyway; and if they deny payment, demand that they put their reasons in writing so that your Board can discuss it. If they don’t respond at all (a DONE favorite), have the full Board send them a letter demanding an explanation. Their job is to help you, not hoard your money so that they can “sweep it” into the general fund or back into DONE’s budget. 

If you have ongoing payments for what the City should, by law, be paying for you -- like for a website, utilities, meeting space, etc. Set it up so that DONE has to pay those recurring bills and you don’t have to be bothered. It’s their job and if they don’t have enough staff to do it they need to hire more people, not thwart you from doing your job. 

As another suggestion, you could decide to only deal with financial matters every other Board meeting and use the rest of the time to do the people’s business. 

Final Thoughts. 

Since the issues of handling both the Brown Act and Money seem to be the primary complaints from new NC Board members, (who are simply trying to represent their community and act as a check and balance on the City Hall Monster,) this column seemed like a good beginning. Most folks do not get involved in a Neighborhood Council to become Brown Act attorneys, parliamentarians or accountants. In fact, if they have to do that, they will leave. 

See if these tips help make your NC lives easier and let you do the stuff your NC wants done. To be really bold, you might check out my recipe for radicals -- a five step plan to Take Back Our Neighborhood Councils.  

Anyone who has an idea or suggestion as to how to make the Neighborhood Council System work better for the troops instead of for the City Establishment, you can contact me at [email protected] 

(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.