LOS ANGELES

PERSPECTIVE-The issues of utility rate increases, homelessness, street paving and sidewalk repairs dominated 2015 on our local scene.

Has anyone seen reform at the DWP?  

Mayor Garcetti was swept into office over two years ago, in part because of the blatant support for his opponent by Bryan D’Arcy, boss of  the DWP’s powerful IBEW Local 18 union.

His election raised hope for long-overdue reform at the largest municipal utility in the nation, one that has been so badly managed by City Hall appointees and corrupted by D’Arcy’s grip on elected officials.

It was false hope. His pick for the DWP’s GM, Marcie Edwards, did nothing to institute change; no one was fired for the IT atrocities that caused so much woe for many ratepayers – and has still not been resolved. She also sided with Bryan D’Arcy in the non-profit audit controversy, showing contempt and disrespect for City Controller Ron Galperin, the only one in the city who has shown resolve in dealing with the incompetence and corruption at the utility.

Galperin has received no support from other elected officials.

Dr. Fred Pickel, the Ratepayer Advocate has been no help at all.  The only advocating he has done has been on behalf of DWP’s management.   Rates are going up, but cost control is absent.  Compensation at DWP should be frozen and the surplus transfer to the city should be ended, until infrastructure is upgraded.

It won’t happen because the City Council will bend to D’Arcy in the next round of wage negotiations.

●●●

Homelessness is much talked about, but the city only knows about promising big dollars to address the spreading crisis.  The number of homeless has grown by 12% since Garcetti took office.   

A $100 million commitment for 2016’s budget will not go far if Garcetti and company pursue their pro-developer strategy that reduces affordable housing.  For every new unit created, there will likely be one eliminated. That’s not progress.

●●●

There is no commitment to attracting employers who offer middle-class jobs.  It’s all well and good to attract high-tech jobs, but most do not have the skills to fill those positions.  They are likely to employ as many outside the city as they do residents.

A lack of middle-class jobs will shift more people into the working class poor category.  These people will require rent subsidies to survive in an increasingly hot rental market, further undermining efforts to deal with homelessness.

●●●

The city finally made a commitment to repair streets and sidewalks, but it took a lawsuit.  The settlement requires the city to invest $1.4 billion over the next 30 years to cover repairs.  That’s not as robust as it seems since costs will escalate over that span of time, due in part to contract awards that will likely favor well-connected labor unions. That’s business as usual in LA.

Only when all of these problems boil over and directly affect the everyday lives of a majority of residents will you see pushback and a voter revolt. Even then, I wonder if that will be enough to break the cycle of apathy that passes for participation.

(Paul Hatfield is a CPA and serves as President of the Valley Village Homeowners Association. He blogs atVillage to Villageand contributes toCityWatch.The views presented are those of Mr. Hatfield and his alone. They should not be construed to represent the opinions of the VVHA or the residents of Valley Village, individually or as a group. He can be reached at: phinnoho@aol.com.)

-cw

CityWatch

Vol 13 Issue 105

Pub: Dec 29, 2015

NO ONE’S LISTENING--Since October, residents of Porter Ranch California have been exposed to dangerous contaminants from a massive natural gas leak that continues to seep into the air, causing a catastrophe the scale of which has not been seen since the 2010 BP oil spill.

After only a week of visiting families in Porter Ranch, I am already experiencing the headaches, nausea and congestion that have plagued this community living at the center of one of the most significant environmental disasters in recent history.

Southern California Gas Co., or SoCalGas, has essentially ignored the impact to victims and its actions have instead added to their suffering. The company has refused to release air quality data that could be used to protect its residents, it has made relocation very difficult, and it has forged ahead with plans to expand its facility before the leak has even been contained.

The enormity of the Aliso Canyon gas leak cannot be overstated. Gas is escaping through a ruptured pipe more than 8,000 feet underground, and it shows no sign of stopping. As the pressure from weight on top of the pipe causes the gas to diffuse, it only continues to dissipate across a wider and wider area. According to tests conducted in November by the California Air Resources Board, the leak is spewing 50,000 kilograms of gas per hour — the equivalent to the strength of a volcanic eruption.

At this rate, in just one month, the leak will have accounted for one-quarter of the total estimated methane emissions in the state of California.

So it is no surprise that residents here feel sick. While I can escape to my home to recover from my symptoms, this community wakes up to conditions that cause vomiting, nosebleeds and serious respiratory issues daily. And no one really knows the potential long-term side effects of benzene and radon, the carcinogens that are commonly found in natural gas.

This dangerous environment is why the Los Angeles Unified School District unanimously voted last week to close two Porter Ranch schools and relocate their nearly 1,900 students and staff to protect their safety.  

SoCalGas’ response to this disaster is almost as alarming as the impact on the community.

The company has offered some assistance in relocating residents in the affected area, but those efforts are woefully inadequate. People have been told they have to wait, they are 300th in line and that they will not be able to relocate before Christmas. Many residents simply cannot afford pay for a hotel or apartment while continuing to cover home costs. SoCalGas does not even know exactly how long it will take to fix the leak, but the company’s CEO has said it will be at least another three to four months. Curiously, despite this admission, SoCalGas is only offering three months of relocation to those fortunate enough to receive a return call. 

The company has also refused to release the data from air quality monitoring it has conducted in the community, despite numerous requests from the public. The company is withholding vital information about the exact composition of the air — information that is critical for the thousands of residents who want to understand why they are so sick. That is why I have been out in the community distributing canisters that we hope will provide an independent verification of the toxicity in the air. 

And while Porter Ranch continues to suffer, SoCalGas is moving ahead with a project to expand the Aliso Canyon facility, even though the company still has no idea how the gas leak there started and is unsure of how to fix it. The company hasn’t even established any risk management or emergency response plans in the event of another leak. 

That is why I am working with the law firm Weitz and Luxenberg to seek justice for Porter Ranch and hold SoCalGas accountable for the physical and emotional damage they have caused, and to ensure that something like this never happens again. This community should not have to wait any longer to receive the justice and fair treatment it deserves.

The situation Porter Ranch residents are facing today is unacceptable. It is time for SoCalGas to acknowledge this fact, gather whatever resources are necessary to help every resident now, and provide answers about the health impacts to residents who have suffered for too long.

(Erin Brockovich is a renowned consumer advocate who works to help Americans everyday on multiple fronts. Her comments were posted first at Common Dreams.)

-cw

CityWatch

Vol 13 Issue 104

Pub: Dec 25, 2015

SERVICE REPORT CARD--Got a gripe about street maintenance or trash pickup?  Graffiti or storm drains? Want to express your admiration for our local fire or police services?  Animal services or libraries? Had a particularly good or bad experience with another local city service this year?

The City of Los Angeles Budget Advocates have created a comprehensive survey for Angelenos across the city to weigh in on a wide variety of city services, which will help them with budget planning for the coming year.  The survey gives you a chance to let the city know what’s working for you and what isn’t.  Please take a few minutes to fill it out and add your voice to the planning process.  The deadline for responses is January 15. Everyone is invited to contribute.

Take the Survey in English  

Take the Survey in Español

(Elizabeth Fuller is the co-owner/publisher of the Larchmont Buzz.) 

CityWatch

Vol 13 Issue 104

Pub: Dec 25, 2015

CORRUPTION WATCH--I fear that today's shocking revelation in the Los Angeles Times about Mitchell Englander flying down to Arizona with a staff member for a Taser fundraiser, concurrent to the company seeking a major body worn video contract with our city, may be the tip of an iceberg. First of all it's not okay. 

Regardless of the contorted logic and twisted thinking that the downtown lobbyists and their pack of lawyers will put forward, it is still not okay.  

As for the council members who will come out to defend or may feel sympathy for Mr. Englander (photo), claiming that the disclosure requirements were too confusing, we ought to demand, as some of us have, that the Ethics ordinance be rewritten, immediately   

And without any disrespect intended for Common Cause or Clean Money or other groups trying to bring accountability, while indirectly seeking political support from the very group they help regulate, we should be sure to include in any discussion, a reasonable number of outraged residents with a modicum of street smarts, to help explain what quid pro quo means so that your average eighth grader could grasp the concept.

But make no mistake, Mitchell Englander is the man of the hour and he should receive the strongest possible sanction. District Attorney Jackie Lacey, whom the council member crassly honored as the CD12 Pioneer woman in April, ought to remove any endorsement from Englander's campaign website as should the City Attorney Mike Feuer, and both should team up to provide the public with an overview of what they are doing to help enforce state bid rigging laws … or, admit that they’re not really paying attention.  

One excellent way to avoid bid rigging is to avoid bidding and competition altogether. Unfortunately, that is in direct conflict with the public's best interest. We need to make that clear.   All too often, good journalists are left with bad campaign finance laws scribbled down by the Englanders, Knabes et al. and the public must endure a chorus of "it's perfectly legal" on the opinion pages.  

Enough is enough. 

Council member Englander should put all of that Taser money he received and put it into a special city ethics fund. 

Taser should also be fined, and, in exchange for the right to participate in fair and open bidding, the company should be required to provide 15 state of the art body worn video cameras, to be worn by ALL 15 members of the City Council during the several months it will take to have a fair and reasonable RFP.  As Englander himself put it in September 2013, just after teeing Taser up for a near-exclusive trial, it's a "great opportunity to set the record straight, to give us extra eyes and ears" where we obviously need them. 

The Lobbyists, including Arnie Berghoff, mentioned in the Times article, who shares an office and presumably bunk-desks with the regularly highest grossing lobbyist firm, Uncle Harvey dba (Englander Knabe & Allen), ought to explain just how deep the relationship between Taser and the council member really is, and make a substantial voluntary deposit into the aforementioned special city fund.  

Politicians trying to score political points by being anti-cop is truly unsavory. What's far worse is politicians like Mitchell Englander, who pretend to have the cops best interests, while doing real damage to the brand.  By selling out Main Street to Wall Street … and Taser … Englander has violated something most good cops hold near and dear and work hard to deliver every single day: FAIR and HONEST protection and service to Los Angeles citizens.

(Eric Preven is 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.)

-cw

CityWatch

Vol 13 Issue 103

Pub: Dec 22, 2015

GELFAND’S WORLD--The public question that has inspired the hottest rhetoric this year of 2015 is what we do about the homeless. Notice the wording there -- it's not really about homelessness as an abstract problem, it's about the people, or as some would have it, those people. It's about them having encampments. It's about them pitching their tents and parking their shopping carts along the city sidewalks. Saturday's LA Times ran a front page article by an architecture critic about the use of the freeway overpass as the new skid row. 

The increase in the apparent level of public homelessness in the area inspired a firestorm of complaining, concern, debate, and just plain bickering. One concern was that offering services such as meals to the homeless is a formula for attracting even more homeless people. 

We've had public forums on the issue where the discussion got heated, to put it mildly. We've heard a lot of partial approaches. Perhaps those partial fixes are better than nothing, but a little thought should convince us that there is no single, inspired solution to the problem. That's because every approach violates some principle, either economic, moral, or aesthetic. 

We all understand at some level that allowing people to eat and sleep for free reduces their incentive to get up in the morning and go to work for money. Some people at public forums seem to treat the problem as exactly that simple. You can hear it in the complaints about how the free dinners will only serve to bring in more of the homeless. These remarks usually finish with the worry that if we invite people for free food, they will stick around. 

 The underlying message, generally unspoken but plainly not unthought, is that allowing people to live for free goes against our values, sometimes abbreviated as the free enterprise system. If people can get jobs, even low paying jobs, then they can at least pay for their next meal. Also unspoken is the obvious thought, "If I have to work for my food and shelter, then why should we as a society set aside some group to be free of these requirements?"

Of course this argument breaks down if there are few jobs to be had and too many people looking for jobs. That was the case in the great depression of the 1930s, and it was certainly the case in Los Angeles for part of the recent recession. It seems to continue as a problem even now, although the economy has been improving slowly over the past five or six years. We can insist that people try to function in a free market economy, but it is obvious that there are some who fail. At this level, avoiding the homelessness issue strikes many of us as immoral. We clash, at least intellectually, with those who would prefer to put them all on a bus and send them somewhere else. 

At the level of simple reality, most of us realize that southern California is the somewhere else that the homeless come to, when they aren't from here anyway. 

Another way that the argument breaks down is when large numbers of children are affected. In this case, the potentially hungry ones are not responsible for their own situation. They are just victims. 

There are some homeless people who either could get some level of employment, or would have been able to be gainfully employed had they not wrecked their lives along the way. Those who avoided education in order to play around, and those who have spent many years engaging in recreational drug abuse, fit into that category. Another group who spent years in low level crime fit the category as largely unemployable. 

There are different kinds of homeless people, from the economically unfit to the mentally ill to the wanderers. No one approach helps them all, and no approach seems to be a full solution for any one category. We're left with half solutions at best. We should admit to that fact and agree that since we have compromise solutions at best, we should get on with creating the correct compromise. Let us create a societal agreement that will help people as best we can without destroying the economic fabric, and get on with it. 

What sort of compromise shall we engage in? I think that we have some clues from a recent column here in CityWatch by General Jeff.  He asks the simple question, where do people go to wash their hands? Extended a bit, the idea of basic sanitation as a civic necessity becomes obvious. As a society, we might decide that there are certain minimal comforts that everyone should have. To start, we should begin with General Jeff's comments and decide that drinking fountains, toilets, and soap and water are available, even on the streets. It's not such a bad idea even for the rest of us who have homes to return to, because we might be out on the streets, or in a place where there is no McDonald's men's room. 

The solution, such as it is, bridges the difference between the angry authoritarian approach and its opposite. 

We might also decide that there is some minimal amount of square footage that should be available for people to put down their blankets and doze. We can debate over where such places can be allowed, and whether there should be some form of encampments, but there ought to be some place for the weary man to put his head. 

And it doesn't have to be on the local park bench or in a residential neighborhood. This limitation by itself would remedy some of the gripes by people who have homes in residential neighborhoods and by business owners who currently deal with homeless encampments right outside their front doors. Down here, the Port of Los Angeles has seven thousand acres of land and lots of old warehouses that are no longer of much use. 

Since we have lots of homeless people and they have to sleep somewhere, we ought to think long and hard, and develop the compromise that allows for sanitation in the city and sleep for the weary. 

The big compromise will necessarily have to deal with the other big question of how to limit rewarding indolence, since that is a theme we hear repeatedly at the public forums. The big compromise requires that we provide people on the margin with some level of incentive to make good. My guess is that the social decision will be to make homelessness a little more comfortable and a lot more sanitary, but not as comfortable as life for working people. That's how the society as a whole dealt with welfare over the years. Its is far from a perfect solution, but it is something. 

Meanwhile, the real heroes are the social workers who talk to the homeless every day, trying to talk them into coming indoors and every once in a while, convincing someone to accept mental and social services.

(Bob Gelfand writes on culture and politics for CityWatch and can be reached at amrep535@sbcglobal.net) 

-cw

CityWatch

Vol 13 Issue 105

Pub: Dec 29, 2015

COUNTERPOINT--I have been trying very hard not to weigh in on Dick Platkin's latest “Mansionization Crusade”  to limit our ability to build a modern home in Los Angeles. I spent 7-plus  years defending my neighborhood against his misguided mission to prevent the building of homes with attached garages or any other architectural features that don't conform to his vision of a proper home … and I'm tired. 

But in his last CityWatch article (“Mansionization at a Crossroads...”), he said something that should make sense to anyone who does want to engage in this battle. Make your voice heard!   

Talk to your neighbors. Sign Petitions. Talk to reporters if you can. Make appointments with your Councilman and speak to him, not one of his aids. Attend hearings. Write letters to your Councilman, the Mayor, the Planning Department. And if possible, talk to any political movers and shakers you might know or your neighbors might know that might have influence with the politicos.  Motivate your neighbors to do the same. 

Because in the end, this is a political fight and the deck is stacked against you. It doesn't really matter what you want. It only matters what your Councilman wants... or in this case, the entire City Council. And if they want to change the Mansionization Ordinance and severely limit what kind of home you can build, it will most certainly happen. 

If the changes Mr. Platkin proposes were just for his District, this would be a done deal because Councilman Paul Koretz is already “on board” and, like every other Councilman, Koretz is pretty much emperor of his own district. No Councilman would dare oppose another Councilman's control over his individual district without risking interference with his own district's management … at least that is what I believe. 

And don't depend on the Planning Department to do anything more than give the Council what they want. I know. In my district, we handed Paul Koretz and the Planning Department signed statements from the majority of property owners in the neighborhood opposing proposed zoning changes … but Koretz wanted the changes … so we were ignored and the zoning changes took place. 

There is only one way you can stop the proposed zoning changes. And that is to create enough political noise to make the politicians think twice; to make them wary of political fallout. Not an easy task when our representatives are typically deaf to anyone who is not a threat to their political image. But if enough people scream; if you can get the support of the right people; if you can get enough public visibility to make the City Council nervous … then maybe you have a chance. 

The sad truth is that the proposed zoning changes will do nothing to enhance the quality of life in our city. If Dick Platkin and his ilk really cared about Los Angeles, they would stop trying to impose their idea of a proper single family home on their neighbors and start fighting all the new condominiums, apartments, and hotels that are being built with little or no concern for the impact on neighborhoods or the city at large. 

Each one of these projects bring with them 300 families and 600 cars to one location and nobody seems to link that fact to our congested streets, horrendous freeway traffic, growing air pollution, and inadequate and overly expensive parking … not to mention the challenge of providing city services like water, gas, power, schools, etc. 

Yes, we have real problems in this city. Our leaders don't seem to be able to see beyond their term of office. They have no density plan whatsoever. How many people per square mile is reasonable? That question is not even on their radar. It seems to me we are building New York City West minus the subway. OK … maybe we are trying to build some mass transit, but do we really want to be like New York!? Not me! 

For the record, I have lived in Los Angeles and my neighborhood for almost 70 years. I live in a small home and have no ambitions (or money) to build a modern home. But I recognize that today's families need more space than most old homes can provide. Given today's economy, it is not uncommon to have more than one generation living together and sometimes even three (Parents, children, and grandparents). 

It is irresponsible and heartless to prevent families from building or expanding their homes to meet their needs.

(Charles Tarlow  is a Los Angeles homeowner, has served on a neighborhood council board and can be reached at: stillchugn@yahoo.com) 

-cw

CityWatch

Vol 13 Issue 104

Pub: Dec 25, 2015

CAL WATCHDOG-Public employees at California cities and counties took home more than $36 billion in compensation last year, according to new payroll data released by the state’s chief fiscal officer. 

State Controller Betty T. Yee disclosed the 2014 payroll data from 54 counties and 468 cities, which included information on more than 600,000 employees. The disclosure is part of the controller’s latest update to the “Government Compensation in California” website. 

The open government online portal allows users to map compensation levels throughout the state, assemble charts, evaluate payroll trends and export data for in-depth statistical analysis. 

Vernon: Smallest City, Biggest Pay 

The state controller’s public employee payroll website has become a powerful tool for journalists and citizen watchdogs to identify wasteful spending and corruption in local government. 

Among the municipalities with questionable payroll data from 2014: the city of Vernon. Although it is the least populous city in California, with just 123 residents, Vernon has double number of employees. And those employees earn $103,601 per year in salary — the highest average salary in the state. Vernon employees also take home, on average, another $32,462 per year in health and retirement benefits. 

Vernon’s top salary is followed by the city of Hayward with $94,041 average salary, and Palm Desert at $89,582 in average salary. The state controller’s office notes that the average wages for city governments overall fell by 3 percent to $59,614. 

In 2014, the average salary for county employees increased by approximately 3 percent to $60,993. At the county level, the nearly 19,000 employees at Santa Clara County received the highest average wage, earning $78,486 per year in wages and $27,655 in retirement and health benefits.

Nine Local Governments Fail to Disclose Data

The controller’s office classified six cities as non-compliant entities for having “filed a compensation report that was incomplete, was in a format different than the one requested by the Controller’s Office, or was submitted after the reporting deadline.” San Francisco, the largest non-compliant entity joined the cities of Bell, Compton, Covina, Dana Point and Santa Ana on the list of non-compliant entities.

The counties of Modoc, Monterey and Riverside were the three counties, or 5.3 percent, that failed to file.

The city and county of Los Angeles remain the largest local government agencies. Los Angeles County employs 103,338 people with a cumulative wage of $7.2 billion in annual salary and $2.76 billion in health and retirement benefits. The city of Los Angeles paid out $4.5 billion in wages and $703 million in health and retirement benefits.

Yee’s latest disclosure builds on the work of her predecessor. In 2010, following the high-profile corruption case at the city of Bell, then-Controller John Chiang didn’t wait around for local governments to clean up their act. He ordered cities, counties and special districts, under Government Code sections 12463 and 53892, to share salary and other wage information with his office. Initially, some local governments balked, then dragged their feet in disclosing the payroll data.

To access State Controller Betty Yee’s payroll database, go to publicpay.ca.gov. 

Top 10 Highest County Employees in California

1. Faculty Physician-Contract: $1,360,744
Kern County

2. Faculty Physician-Contract: $1,295,929
Kern County

3. Orthopedic Surgeon-Contract: $1,092,651
Kern County

4. Chairman, Department of Surgery: $851,665
Kern County

5. Medical Director II: $775,999
Los Angeles County

6. Physician – VMC: $760,461
Santa Clara County

7. Chief Physician III Surgery-Neurological: $728,489
Los Angeles County

8. Physician: $727,864
San Joaquin County

9. Physician – VMC: $684,365
Santa Clara County

10. Physician – VMC: $658,745
Santa Clara County

Top 10 Highest City Employees in California

1. Police Sergeant: $592,652
City of Burbank

2. Fire Chief: $487,871
City of Richmond

3. Chief of Police: $487,644
City of El Monte

4. City Manager: $470,249
City of Lincoln

5. City Manager: $419,840
City of West Covina

6. City Attorney: $412,211
City of Escondido

7. Power Engineering Manager: $403,271
City of Los Angeles

8. Assistant City Manager: $396,548
City of Oxnard

9. City Manager: $395,501
City of Escondido

10. Police Officer (PERS): $393,573
City of Oakland

(John Hrabe is an investigative journalist, freelance writer and communications strategist with a decade of experience managing media outreach for local, state and federal political campaigns, public relations clients, and new media start-ups. This piece was posted first at CalWatchDog.com) Edited for CityWatch by Linda Abrams.

-cw

CityWatch

Vol 13 Issue 104

Pub: Dec 25, 2015

EDUCATION POLITICS-In looking at LAUSD's latest defamatory attack on nationally acclaimed teacher Rafe Esquith, (photo) one can only surmise that those running the District are starting to run scared. Esquith's billion dollar lawsuit brought by lawyer Mark Geragos has too great a probability of bankrupting the District if it’s allowed to be tried in the forum of a neutral court. 

The LAUSD smear machine (aka "LAUSD investigative team") has been given their marching orders: do not find the truth, but rather, get the goods on Esquith --even if they have to fabricate or distort the facts. 

After years of war against teachers and other certificated and classified employees (whose only crime was to question district policy or make too much money,) LAUSD has an amoral group of administrators and outside contractors in place, seeking to supplement their income or position, even if they have to lie, fabricate, or distort evidence to do so. 

By examining the recent indictment of Chicago police officer Jason Van Dyke for first degree murder of Laquan McDonald, we are reminded of how deceptive public entity cultures like this work. 

After a 13-month cover up, we saw what happens when an organization is allowed to investigate itself. In this case, it came to a pre-ordained conclusion of innocence because that was the only explanation acceptable to those whose loyalty to the organization took precedence over commitment to truth and the rule of law. 

This same self-dealing culture has existed for generations at the LAUSD, to the preclusion of good pragmatic public education. No administrator could ever have gotten to a position of power unless he or she showed a willingness to fabricate lies and subordinate truth to support LAUSD’s party line. 

LAUSD has put out for public consumption the fact that "the district's investigative team, which includes former LA Police Department detectives, [has] launched an investigation." They do not emphasize the "former" status of these LA Police Department detectives, who are either retired from LAPD or moonlighting for LAUSD as a second job to supplement their income. LAUSD seeks to cultivate the appearance that this is an LA Police investigation, when nothing could be further from the truth. 

The corporate-owned press continues to selectively report only the "facts" as LAUSD presents them, instead of asking questions like…has any LAUSD investigator ever found a teacher they were investigating innocent? Or, how many of these "LA Police Department detectives" have found evidence of LAUSD administrative wrongdoing among personnel who are still working for the District? 

A more fundamental question is, why are local, state, and federal agencies ceding control of their investigatory function to LAUSD -- which is a self-interested party to Esquith’s $1 billion civil lawsuit alleging criminal conspiracy and other charges against the LAUSD administration? 

The hallmark of all LAUSD investigations is that they investigate themselves, deviating from any notion of legal objectivity. And what they do investigate never seems to go anywhere, like in the case of the iPad scandal under former Superintendent John Deasy or the sexual harassment investigation against current and habitually retiring Superintendent Ramon Cortines. 

In my own case, when I filed a whistleblower complaint against my principal Janet Seary and her superior, Jan Davis, for graduating students with low elementary school math and reading ability, the LAUSD's Office of Inspector General allowed Seary and Davis to investigate themselves. Not surprisingly, they found they had done nothing wrong. The fact they were given this case, in which they had a clear conflict of interest, was never addressed by the District or any other authority. Now, the Esquith class action lawsuit is finally bringing these actions into the light. 

But my favorite illustration of LAUSD's one-sided railroading of teachers, along with anyone else questioning LAUSD's often illegal behavior, was given by my then Vice Principal Rene Martinez. Asked under oath why he included in my evidence file only the ten negative letters from my students (that were obtained through a rather intimidating process) and none of the five positive letters, he said, "They did not go to the charges against you," showing how one-sided the LAUSD's investigatory process remains. 

It is very telling to look at the LAUSD’s modus operandus as it goes after "enemies":  neither Mr. Martinez nor Mr. Johnson from the LAUSD Office of Inspector General had any idea what “exculpatory evidence” meant. True to LAUSD culture, Mr. Martinez has been made principal of his own school and he should continue to do well as long as he remains unfettered by the truth – or as long as Esquith is not successful in finally bringing accountability to LAUSD. 

Let’s consider the recently released incriminating evidence alleging that Mr. Esquith engaged in improper sexual activity with his students. Before getting into the purposefully prurient nature of these charges, it is worth asking: 

1. Why were all charges against Esquith not brought immediately? 

2. Is it a mere coincidence that the more Esquith stood up for himself against LAUSD, the more egregious the heretofore unmentioned subsequent charges were? 

3. What was the relationship between Mr. Esquith and the student bringing the charges? Were they good students or bad with a score to settle? 

4. Why bring these "new" charges against Esquith now, instead of allowing the class action trial    process of discovery and testimony under oath to determine in a neutral forum who is telling the truth? 

5. Under what circumstances was the testimony of prior students against Esquith made? Were these circumstance neutral, as required by the standards set up in the McMartin Preschool case, where falsely accused teachers and administrators were vilified by false charges for close to 10 years before it was revealed that the students were manipulated into making their testimony? 

6. How is it that Esquith’s alleged improper sexual behavior going back to the 1970s is only now seeing the light of day, now that LAUSD is faced with a billion dollar class action suit? 

Any teacher can tell you is that there are several things that might allow Mr. Esquith's comments to be viewed as acceptable, given the subjective reality that all teachers face. First, students transitioning from childhood into young adulthood like to flirt. It is important and completely normal for students to flirt with their teachers and others, still knowing that they are safe. I cannot think of any conscientious teacher I know who has not been flirted with or who would ever take advantage of a young person's vulnerability. 

A second issue that every teacher I know encounters with both male and female students is that many students have a poor self-image, making them feel incapable of even trying to do the assigned work. In trying to help a student overcome a poor self-image, it is entirely possible that an excellent and empathetic teacher like Esquith might tell a 14-year old student that she was, "beautiful, elegant, dazzling, sexy, and gorgeous," especially if this could help her accomplish something she believed she couldn’t do. In this context, what Esquith is alleged to have said is more than justified. 

For 30 years, Rafe Esquith taught in a lower socio-economic neighborhood, even though he could have done better financially, had he taken one of many offers to go elsewhere. But he chose not to. Rather, he chose to set up a foundation ensuring that students of modest financial means could have access to education programs. He wanted to help them go on with their education after graduation, encouraging them to work hard and master the rigorous traditional public education he was trying to give them. 

But in quoting an email out of context, where Esquith refers to himself as "your favorite ATM," the district is seeking to imply some false negative motive on the part of Esquith, when sainthood is a more reasonable conclusion. 

There is an insane irony to the fact that the Los Angeles Unified School District, which should be dedicated to the highest traditions of open intellectual pursuit, remains a closed and insular bastion of cult-like behavior -- a place where those who question it are targeted for removal and destruction. As constituted, LAUSD’s leadership only seems concerned with mindlessly defending its failed public education policy along with its obscenely extravagant financial privilege against anyone like Rafe Esquith who is foolish enough to intelligently question them.

(Leonard Isenberg is a Los Angeles observer and a contributor to CityWatch. He’s a second generation teacher at LAUSD and blogs at perdaily.com. Leonard can be reached at Lenny@perdaily.com) Edited for CityWatch by Linda Abrams.

-cw

CityWatch

Vol 13 Issue 101

Pub: Dec 15, 2015

LA NOT READY FOR A SERIOUS SKID ROW CONVERSATION--While families across America come together this holiday season to spend quality time with one other, there are many who also choose to “give back” to the less fortunate. 

Every year since 2007, I have been in Skid Row on Sundays, but holidays are the worst time for the accumulation trash, debris and whatever remains from all the food that is handed out. It all ends up on Skid Row’s streets, especially near the missions. 

With many City workers off for the holidays, all of that trash builds up. One cannot help but wonder, where are all the trash cans? And, why doesn’t the City distribute additional trash cans before employees go home for the holidays? 

While these questions are valid, I couldn’t help but ponder a bit longer than normal about all the connected topics associated with trash in Skid Row. 

This has ultimately led to my realizing what the number one least-asked question in Skid Row is. 

My thought pattern goes something like this: trash and debris…leads to germs and bacteria…which leads to urine and feces…  Wait, I forgot to ask the question: 

Drumroll please… The number one least-asked question related to homelessness in Skid Row is: “Where do homeless folks wash their hands?” Boom! 

Years ago, the LAPD insisted on removing all the port-a-potties from Skid Row due to all the drug-related crime and prostitution occurring constantly in them. 

Instead, super-expensive Automatic Public Toilets (APT’s) were installed – FIVE for the entire 50-block Skid Row community. But there are so many moving parts in these self-cleaning restrooms that, combined with the 24-hour constant usage, the APT’s often are out-of-service -- even though they are serviced by contracted maintenance crews 3-5 times per day. 

Only one of the missions remains open for 24-hours. This means there are extremely limited restroom options in an area with a reported 10,000 to 15,000 residents, and of those, 2,000 to 3,000 are homeless folks sleeping on Skid Row streets.  

All of this means that homeless folks and residents living in missions or low-income housing who travel several blocks from home have to “get creative” when they have to use the restroom. 

In 2012, the City of Los Angeles was cited by the LA County Health Department for three violations, one of which was for a high concentration of urine and feces all over Skid Row. 

Going back to the “number one least-asked question,” even when homeless folks relieve themselves, whether it be in an alley or behind a car, where would they be able to wash their hands? 

People outside of Skid Row don’t even realize that a person living in low-income housing (in this case an SRO) who happens to be receiving GR (General Relief) only receive $221 a month; sometimes they don’t have money at the end of the month to by a bar of soap. This means there are even residents who have access to bathrooms who can’t wash their hands in a sanitary manner. 

With El Nino fast-approaching, along with the germs and bacteria that will travel with it, a much-needed holiday gift would be bars of soap and hand sanitizers. 

It would help tremendously if a responsible person or team could walk around pouring bleach into all the nooks and crannies where homeless people relieve themselves. (I say this holding my nostrils closed just thinking about some of the smells “passing” in the air. Pun intended.) 

Maybe Santa could drop off his elves for a few months before next year’s holiday season so they would be tasked with BPD (Bleach-Pouring Duties). 

I don’t think Los Angeles is ready to have serious conversation about everyday living in Skid Row. In February, 2016, both the City and the County of LA plan to release comprehensive strategic plans on homelessness. But I can almost guarantee that funding for hand sanitizer, soap or bleach will not be anywhere in these two separate documents. 

And by the way, why will there be two different strategic plans released the same time anyway? But that’s a whole different article for a later time. 

Right now, though, it must be made public as to just how easily germs and bacteria can spread in Skid Row. Since it is winter time, it won’t be considered offensive if volunteers wear gloves when passing out food, blankets or whatever. 

Fist bumps instead of handshakes are a must…anyway, it makes people seem cool. Even volunteers should carry hand sanitizer in their pockets and/or purses. 

While we appreciate it if you want to “give back,” there are many more realistic complexities that all should be aware of. 

Instead of “walking to end homelessness,” how about pouring some bleach to end undesirable smells? It’s a more realistic way to help. 

I hope Angelenos appreciate what a luxury it is to have a place to wash their hands and soap to wash them with. 

Happy Holidays to all of you from all of us in Skid Row!

(General Jeff is a homelessness activist and leader in Downtown Los Angeles.) Edited for CityWatch by Linda Abrams.

-cw

 CityWatch

Vol 13 Issue 104

Pub: Dec 25, 2015

PLATKIN ON PLANNING--If you are following debates over growth and density in Los Angeles, I strongly recommend you watch the new film, The Big Short.   Without giving away too much of the plot, it is about several financial analysts who saw through the bombast that lead to the mortgage-based real estate bubble that nearly devastated the global economy in 2008-09.   

The only thing that stopped that Great Recession from turning into another Great Depression was the United States government bail out of the banks.  According to Bloomberg News, it took $13 trillion dollars of public dollars to stem the red ink that flowed from sub-prime mortgages into the entire financial system.  

Now, less than a decade later, the cheerleaders of another real estate bubble are ushering in Act II.  As recently presented in City Watch (“If you want LA to continue Living in the Past, then the Neighborhood Integrity Initiative is for You”), we are once more being treated to the preposterous argument that unrestrained real estate speculation is an urban miracle cure.  It represents the present rather than the past.  It eliminates the cause of high priced housing: planning and zoning regulations.  It allows for vertical growth rather than horizontal sprawl.   It creates jobs.  It promotes transit ridership.  And on and on.   

So, let us actually look at Los Angeles to evaluate several of these often repeated claims for their “truthiness.” 

Dishing out planning and zoning exceptions to super-sized projects allows us to be modern, to no longer be stuck in the past.   Really?  If we have learned anything from the recently concluded Paris climate summit, it is that modernity means dealing with climate change, not thumbing our nose at it through zoning approvals that allow mega-project after mega-project to proceed despite their unmitigatable levels of Green House Gases.  

Yes, the claims that high rise, mixed use projects in Hollywood and elsewhere are “green” (i.e., low carbon footprints) is belied by their Environmental Impact Reports.  Like the Hollywood Community Plan -- overturned by Superior Court Judge Alan Goodman -- all of the mega-projects’ Draft Environmental Impact Reports reveal that these projects will generate unmitigatable levels of Green House Gases.  Why?  Because they are automobile-oriented.   These buildings are only transit-adjacent, which does not, in any way, make them transit-oriented.   

They all have large parking structures to serve the needs of their well-heeled, car-loving tenants and condo-owners.  These tenants are, in fact, the least likely demographic group to use transit, even though many of these proposed and/or approve projects are close to METRO Red Line stations.  If these projects contained significant numbers of affordable units, they could eventually become transit-oriented developments because those tenants are more likely to use transit.  But, in LA this is not happening because the City Council long ago rejected inclusionary zoning provisions that would have mandated approximately 20 percent affordable units in all new apartment projects. 

In addition, the Hollywood area and other potential transit-oriented areas, such Korea Town and the Miracle Mile, suffer from two more deficits never mentioned by the groupies of real estate speculation.  Enthralled at appearing “modern,” these hucksters overlook the obvious.  Los Angeles does NOT have a dense mass transit system, nor does it have dense local services. 

Dense housing needs a dense transit system for local residents to regularly take transit.  This is why cities like New York, with its transit-oriented built environment, generate such high levels of transit ridership.  That city’s subway system, augmented by busses, has an astounding number of alternative origins and destinations.  In contrast, Hollywood residents only have a few Red and Purple Line destinations:  NoHo, Universal Studios, Koreatown, and some parts of downtown Los Angeles.  Many busy Los Angeles destinations will not be mass transit accessible for many decades – if ever -- such the Sunset Strip, downtown Beverly Hills, Westwood, Veterans Administration, UCLA, USC, Century City, Venice, and much of Santa Monica, to cite just a few popular destinations. 

Dense housing also needs dense public infrastructure and public services to effectively dislodge those who can afford to drive cars out of their vehicle.  As again demonstrated by New York City, a city needs wide, well maintained, ADA-compliant, sidewalks covered by trees and free of overhead wires and billboards, for residential density to achieve its intended low carbon goal.   

In the same vein, transit-oriented communities also need well-serviced local parks, schools, community gardens, and libraries.  Finally, these communities also need a full array of nearby private services, including restaurants and bars, dry cleaners, medical offices, grocery stores, drug stores, hardware stores, and clothing stores. 

When the Los Angeles neighborhoods targeted by investors for high density, such as Hollywood and Koreatown, provide these amenities, then the anticipated benefits of large, tall, mixed-use buildings could eventually appear.  Until then, however, to approve and then build these enormous structures is an invitation to failure.  The reason that the boosters overlook this is not quite a mystery though.  Like the commercial enterprises they shill for, their focus is short-term.  Once the Council dishes out the zoning and planning entitlements they need, and the buildings they ballyhoo are built, they are on to their next commercial project.   Their approach is antithetical to long-term planning, which is why real estate speculators and their supporters view planning as a barrier, not a manual for crafting a much-improved Los Angeles. 

Mega-projects help solve LA’s housing crisis by channeling billions of private investment into local real estate projects.  If this claim were true, Los Angeles would already be far better off, but it isn’t.  Building expensive homes and apartments does not increase the supply of affordable housing.  There is no linkage between these two real estate markets.  An analogy told to me by one correspondent explains this simply and straightforwardly:  building lots of Ferraris does reduce the cost of Hondas.  

Furthermore, the actual situation is much worse because new luxury housing often replaces affordable houses that are quickly bulldozed out of way – often illegally -- to assemble building sites.   For example, the Department of Building and Safety issues at least 2000 demolition permits per year for single-family houses.  They are almost all smaller, older “starter houses.”  When the wreckers leave, these new building pads quickly sprout over-sized houses that cost three times as much as the ones they replaced.  

The job creation myth.  Nearly every Statement of Overriding Considerations issued by the City Planning Commission and City Council cites job creation as the rational for ignoring the generation of unmitigatable levels of Green House Gases.  In these cases, though, talk is cheap because these decision makers never require a monitoring program to determine if the perpetually promised jobs actually appear.   Similarly, they never revoke zoning and planning approvals when the promised jobs do not materialize. 

While it is theoretically possible that some of the mega-projects will generate significant numbers of jobs, it is highly unlikely.  The free market approach to job creation has already failed miserably in Los Angeles.  While the Los Angeles area has had moderate population growth since 1990, job creation has been stagnant.  In fact, according to KPCC, there has been no change in the number of local jobs in over 25 years.   

Other CityWatch writers will undoubtedly debunk the alleged benefits of large commercial projects in Los Angeles requiring special zoning and planning exemptions.  I trust, though, that presenting the facts regarding the myths of modernity, construction of affordable housing, and employment is enough to take the wind out of the boosters’ sails and encourage wide support for the Neighborhood Integrity Initiative.  

(Dick Platkin is a retired LA City planner who writes on planning issues for CityWatch.  He welcomes comments, corrections, and questions at rhplatkin@gmail.com. )

-cw

CityWatch

Vol 13 Issue 104

Pub: Dec 25, 2015

EASTSIDER-Over the holidays is a great time for politicians to announce things that would normally get greater scrutiny during the year. After all, everyone is making family get together plans, traveling, and/or hiding from year end duties. In that context, along comes a Report from the City Controller with the spiffy name “Disposition of City’s Surplus or Obsolete Items and Equipment” and I lick my chops because I just know that there’s going to be some real gems buried within. 

The Controller’s audit report does not disappoint. The headlines in it say that the City isn’t monitoring its fleet vehicle system, and is spending more money than many of the vehicles are worth in maintenance. For cars there is a photo of a Civic Hybrid that cost $24,000 (new) but they have spent $44,000 to maintain and repair it. On the big iron Street Sweeper side, there’s a photo of one that cost $232,000 to buy -- but another $360,000 to maintain. 

Buried in the document, however, is a story that really interests me: back in 2011, Tony V’s City was broke due to the Mayor and the Council’s incompetent fiscal policies. They were desperate to make the budget look balanced. So, through a series of cuts, early retirements, and shifting employees to DWP and the like, they cooked the books enough to get a bond measure through and stay “solvent.” 

One of the brilliant ideas the Council had was to disband the General Services Department’s Salvage Section -- the folks who monitored the disposCWal of the City’s surplus and/or obsolete items. So guess what happened? Not much, and that’s the essential finding of how and why the City has no real system and has lost a bunch of money. Gee. 

The audit misses a fundamental understanding of how and why LA City’s bureaucracy operates the way it does, and the implications therein. At the top of the food chain are the elected officials, who, by current definition, make political decisions regarding oversight of the City. They do not make business decisions, unless you count getting developers, billboard companies, and the like to make campaign contributions to their coffers. 

I point this out to explain the impact of the City Council’s actions as they axed or crippled, year after year, every request by City Departments for vehicle replacement – and abandoned all oversight. 

So when these half-baked mandates trickle down to the troops, there is one lesson that almost every vested City employee has learned well:  as long as you “go along to get along” and don’t make waves, you will have a fine future and a pension with the City of Los Angeles. On the other hand, if you make waves, take risks, or (god forbid) make the elected officials look bad, your life will be very unpleasant indeed. 

Consequently, no one said anything. 

Looking at the guts of the audit, there are two fundamental lessons to be learned. First, over 80% of the money we are talking about comes from cars -- vehicle fleet maintenance, which represents 83% of all auction income, to be exact.  

Second, outside of vehicles, no one department or agency has responsibility or understanding of exactly what, if any, policy the City has regarding the sale or disposal of obsolete property. Thus it is hard to quantify the rest of the items discussed in the audit; they aren’t even tracked internally, or if they are, it’s by happenstance. 

For example, electronic equipment has its own website (CitiMAX) which almost no one uses. Most of the stuff that gets donated through it (surprise) is because of City Council requests, and even then, the amount of paperwork involving formal Council action is not cost effective. 

I am personally aware of this and remember well when the Glassell Park NC tried to get the City to cough up a computer for our use. No deal. And when the NC used its own funds to buy one, we had to comply with all the CitiMAX requirements of inventory, serial numbers and other information and justification. And now we know all this data went nowhere. So, well done, DONE, BONC and Council offices – thanks a lot. 

If there is a single takeaway moment in the report, for me it is the following: the auditor complained that, as they tried to obtain data, they were reduced to looking at individual employees’ Excel spreadsheets that didn’t even have a common template. Clearly, the Mayor’s “World Class City” is an emperor without clothes. 

The final report has a six point series of recommendations that require action by the Council and City Departments, although there is no reason to believe those points will survive the City Council budget process. For a copy of the full report, click here. 

For those of you with a mathematical bent, Pareto’s Principle is alive and well – 80% of the dollars comes from about 20% of the stuff. In line with this concept, I propose a variation on this idea -- two simple recommendations that would fix 80% of the problems identified in the audit: 

1) Reconstitute the Salvage Unit, staff it with competent people, give them citywide authority and responsibility. 

2) Hire a couple of “freelance” thirty-somethings or their equivalent (that is, no regular full-time employment), pay them enough to cover wages and benefits, then have them develop a simple, web based, data management system for centralizing everything that needs to be kept track of. Then make everybody use it. 

This would be simple and quick with a provable return on investment model. I suggest this be done immediately because, given their mind set, City Council is likely to come up with some stupid major IT project that they would then bid out to the usual “big name/bad result” corporate consultants…who contribute to their campaigns. 

Stay tuned...

(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.

-cw

CityWatch

Vol 13 Issue 104

Pub: Dec 25, 2015

DEVELOPMENT POLITICS-Politics is local but Los Angelenos are sick and tired of seeing local interests steamrolled by downtown powerbrokers willing to do whatever it takes to achieve City Hall cooperation.  

One such controversy has stoked deep-seated resentment in Coldwater Canyon where residents who would very much like to be settling in for a cozy El Niño are instead bracing themselves for a battle against a new private parking garage, athletic field and pedestrian bridge over a major public thoroughfare in Studio City.  

Speaking about Harvard-Westlake School’s request to have the three-story 750-car lot and bridge over Coldwater Canyon Boulevard, school Vice President John Amato said, “Our kids have to perform in front of audiences so we have to have parking for visitors, and we want to have all our parking in one location.” 

In LA city politics, the closest thing to absolute power is the ability of a city councilmember to make or break a land-use project in his or her district. Two days after telling his constituents who live in the area 24-hours a day that the school's bridge over Coldwater was a "challenging issue for the community," District 2 Councilmember Paul Krekorian received (most on the same day) donations from eighteen Harvard-WestlakeTrustees, with all but two giving the maximum $700 contribution and none disclosing their relationship to the school on the donation form.   

This activity resulted in a $20,950 windfall for Mr. Krekorian's campaign committee from the school's trustees alone. All but a few of those contributions were made on November 3, 2014 and though we saw references to "homemaker," "investor" and "stamp collector," not one of the contributors identified his or her role as a school trustee. This tops the virtually simultaneous contributions made to Mr. Krekorian by the same trustees and administrators on February 18, 2011, also with not a single trustee identifying his or her connection to the school.  

There is no more effective way for a 501c3 non-profit to lose its tax-exempt status than by contributing to a political campaign, so writing a check from Harvard-Westlake School is something only a fool would entertain. But having that many trustees make donations on a single day violates the spirit, and possibly the letter of the federal law that prohibits 501c3s from engaging in political activity. 

Incredibly, Mr. Krekorian did not return any of those contributions. On the contrary, he used them to obtain public matching funds from the City, so that each Harvard-Westlake contribution was in effect supplemented by $500 of taxpayer funds. In other words, literally the very same people who are having their quality of life at their homes intruded upon by the school's plan were made to match the Harvard-Westlake influence-peddling donations. 

Article II of the City of Los Angeles Code of Ethics states that persons in public service "shall not give occasion for distrust of their impartiality or of their devotion to the city's best interests."  How could Mr. Krekorian affirmatively state that he is impartial while taking so much money from a highly interested part y...  or in this case, parties?  

The answer, shamefully, is the public was never supposed to connect the dots and figure it out. 

Obviously taking large donations and submitting them to the matching fund compromises impartiality. But it does more than that. It also erodes basic trust and the public's faith in our politicians. The Ethics Commission, the very office which approved the dispensing of the public matching money should take responsibility to rectify the unacceptable status quo. A good start would be to close the loophole that allows for this type of stealth donation. Trustees with business before the city should be required to disclose that relationship. If the hard ban on political activity for 501c3s makes that impossible, the loophole will be effectively closed. Next item... 

Councilmember Krekorian should do now what he should have done a year ago -- return the eighteen contributions he received from Harvard-Westlake Trustees. Of equal importance, he should return all of the matching funds he obtained through use of the Harvard-Westlake money. Harvard-Westlake ought to amend its 990 tax filings appropriately, checking the correct (and honest) box that indicates that they have indeed been engaged in lobbying -- nearly a million dollars in lobbying for what has become...a bridge too far.  

The smart people, and there are many at Harvard-Westlake, ought to realize that a parking structure on the campus side of the public roadway would be just fine. Any digging in the hillside in question will merely be digging a hole for the school's reputation. 

(Eric Preven is 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.)

-cw                

CityWatch

Vol 13 Issue 101

Pub: Dec 15, 2015