Cooking Up Fake Support: How Big Real Estate Manufactures Consent

PLATKIN ON PLANNING-Big real estate interests, such as developers of shopping centers and high-rise complexes, do not leave things to chance. The only difference between them and Big Pharma, Big Oil, and Big Finance is that Big Real Estate mostly operates at the local and state levels, not the Federal level. 

So what are the many tricks up their sleeve -- all on view in Los Angeles? 

Altering land use laws to grease the wheels of real estate speculation. 

Sometimes Big Real Estate takes the long view to avoid project-by-project battles. These knockdown, drag-out fights force them to waste considerable time and money wooing elected officials and employing land use experts. Instead, they make a concerted effort to work with these same City Hall officials to revamp underlying zoning and planning laws. This long-term approach allows Big Real Estate to later skip lengthy and often costly applications for such discretionary actions as zone changes, as well as associated environmental reviews. 

In Los Angeles this Big Real Estate tactic is proceeding on several fronts. The most advanced program is re:code LA [[[ http://recode.la/about/project-files ]]] since it will ultimately rezone all private parcels in Los Angeles. This program’s approach is called form based zoning. If adopted, it would expand the range of uses permitted for each parcel. These free zone changes, worth many billions in increased property values, then eliminate the need for future zone variances or zone changes to green-light otherwise illegal real estate projects. 

Another similar program is Community Plan Updates. If prepared and adopted correctly, Community Plans are the final step in updating the entire multi-element General Plan. But, in Los Angeles these local updates are prepared first. This is done to append long, intricate land use ordinances that up-zone and up-plan hundreds of local parcels. Once adopted, these ordinances allow developers to quickly march ahead with their otherwise illegal projects. The Update amendments eliminate the future need for developers to legalize their projects, one-by-one, through General Plan Amendments, zone changes, variances, as well as related environmental reviews. 

Another strategy is to gut the California Environmental Quality Act (CEQA), hidden behind such high-minded words as reforming and streamlining. Current statewide strategies, which are resurrected yearly by Governor Brown and the State of California legislative would reduce EIR appeal periods and grant CEQA exemptions to favored projects, especially sports stadiums and high-rise apartment buildings.  

Sidestepping land use laws to grease the wheels of real estate speculation 

But, if you really want to see how Big Real Estate does not leave things to chance when they dodge local land use laws, just examine such proposed mega-projects as Warner Center, the Palladium, 8150 Sunset, Cumulus, or the Caruso luxury high rise near the Beverly Center. 

In all these cases the developers pull out every stop, beginning with the easiest marks, City Hall’s elected officials. Like the people they appoint to Commissions and hire to manage City departments, they have all drunk deeply from the well of real estate speculation. They live and breathe City Hall’s institutional culture of elevating real estate projects to the municipal pantheon. When it comes to gaining the support of these elected, appointed, and hired officials, Big Real Estate regularly turns to campaign contributions (i.e. legal bribes), polished lobbyists and architects, and ingratiating back slapping and scratching. 

As for the City’s technical staff who review and habitually approve their projects, Big Real Estate relies on expensive land use attorneys, planning and environmental consultants, expeditors, and experienced architects and engineers. Their first job is to identify all discretionary actions and other municipal requirements that must be overcome to approve their projects. After that these pens-for-hire grind out applications, Environmental Impact Reports, and appeals. Their third job is to ensure that all possible bases are covered because a handful of land use lawyers are willing to represent local residents, and they have recently won many land use and environmental cases against the City of Los Angeles. 

The next step is outreach, conducted by either the developer’s staff or by hired consultants, including those who expertise is creating such astroturf organizations, as the Coalition to Protect L.A. Neighborhoods and Jobs. In this case, two kingpins of Big Real Estate, the Palladium and Westfield Shopping Centers, created and funded a “grassroots” organization to oppose the Neighborhood Integrity Initiative. For a contact address though, the astroturfers goofed when they listed their own location, that of the Stephan Kaufman Legal Group. Its political clients include LA’s most prominent booster of Big Real Estate, hizzoner Eric Garcetti. 

As they play serious dodge ball, Big Real Estate hires architects to prepare color renderings that never show traffic congestion, and who sometimes join outreach operatives at community meetings. Together they sing a duet of praises for their pet project, and whenever someone raises an objection, they creatively explain how their complaint can be mitigated by minor design changes or off-site improvements. When combined, these off-site amenities are called community benefits. In reality, thought, they are deal-sweeteners to gain community support for projects that depend on quasi-judicial and/or City Council legislative actions to legalize them. 

The purpose of these community meetings – often recommended by City Council offices — is to identify and disarm potential community critics who might submit damaging testimony, appeal a discretionary action and its related Environmental Impact Report, or even resort to law suits. 

Of course, sometimes developers are so dedicated to their project’s bottom line that they will not budge to adequately respond to community critics. In these cases, such as the Hollywood Community Plan update, the staff planners and private supporters glibly told the City Planning Commission and the City Council that a project had substantial community input prior to its final form. This deceptive answer was enough to get a thumbs up from the City Planning Commission and City Council. 

Another purpose of community outreach is to convince local residents that either they personally or their community will benefit from a project. In cases where charm, good looks, expensive suits, and car-free renderings are not up to this task, developers will then offer a “community benefits” package, but usually with a clause that acceptance forfeits the right to future public criticism of a project. 

Once these supporters are lassoed, they are then offered talking points for public hearings, and in a few cases, act as trolls on websites. For example, last week I received about two dozen comments, many critical, in response to my article about the Caruso Affiliated project at 333 S. La Cienega. This is in sharp contrast to my previous CityWatch article. It leveled similar complaints against three Miracle Mile museum projects, and that column hardly generated any comments. Since the comments supporting the Caruso project parroted the developer’s own talking points, this is a powerful demonstration of how sophisticated developers leave nothing to chance. In this case, they made sure there would be a group of neighbors who would publicly support their project. They knew that without an advanced full court press, that few nearby residents would voluntarily step up to a microphone or keyboard to defend a project which violates zoning and planning laws, clashes with community character and scale (in direct violation of the General Plan) and taxes existing public services and infrastructure. 

Finally, in almost all of these cases, there is no shortage of opportunistic academic and journalistic cheerleaders who cheer for “business-friendly” planning legislation and speculative mega-projects because of their alleged benefits. Regardless of a project’s actual specifics, rest assured that they just know it will produce a cornucopia of affordable housing, transit ridership, employment, sustainability, and a sense of community. 

In all of these cases, though, there is a catch. There is no requirement to monitor approved projects to determine if their predictions materialized. And, there are no consequences if the promises are not kept, such as the revocation of building permits or the demolition of improperly approved structures. Once built, Big Real Estate projects are here to stay, at least until the next real estate bubble leads to their demolition and replacement with yet another 8th Wonder of the World.  

But, they can’t always get what they want. 

Despite their deep pockets and access to expensive lawyers, planning and environmental consultants, and public relations and outreach operatives, Big Real Estate continually drops the ball in Los Angeles. Why? It is because so many community groups oppose their projects, have a fast learning curve, and sometimes manage to out-organize and out-litigate them. 

It is a hard job, but not an impossible job, to beat the house. Furthermore, the struggles over land use are escalating in Los Angeles. On one side are outside investors especially from China, who regularly outbid their local Big Real Estate frenemies. 

But, on the other side is the Neighborhood Integrity Initiative. If passed by LA voters in March 2017, it would force the City of Los Angeles to properly plan and to stop dishing out parcel-level approvals for Big Real Estate projects that conflict with zoning laws and with the General Plan. 

(Dick Platkin is a veteran city planner. He reports on local planning issues for CityWatch, and he welcomes comments and questions at [email protected].) Prepped for CityWatch by Linda Abrams.

Coming Together on Infrastructure Spending, Falling Apart on Unintended Consequences

TRANSPORTATION POLITICS--It's no secret that taxpayers want their transportation, energy, communications and other infrastructure paid for, and built ASAP.  It's probably also no secret that the era of bipartisan discord on infrastructure prioritization is coming to an end.  But the 800-pound gorilla in the room is how spending will occur, and whether it'll lead to solutions or new problems. 

Both Hillary Clinton and Donald Trump have proposed dramatic new spending proposals on infrastructure.  Matt Bai has opined on Yahoo that Clinton is a champion of infrastructure, but wishes she would be more specific about her vision on how to best spend that money.  Americans need that specificity. 

On the other side of the political aisle, Republicans wisely (if not decades too late!) chose to shed their reticence to spend on infrastructure--and much of Trump's appeal in the primaries to GOP voters was his unabashed desire to spend big (nearly twice that of Sect. Clinton) on infrastructure.  Whether his willingness to take on new debt to do that is acceptable is another thing altogether. 

But for years, we've had the problem of consensus over what a good investment in infrastructure is, and how best to pay for it.  President Obama had the opportunity to spend well in his stimulus package, but despite some modest victories spent much (arguably most) on feel-good and politically-connected projects. 

To his credit, President Obama has gained his footing on transportation/infrastructure spending.  His current Transportation Secretary, Anthony Foxx, was approved unanimously by the Senate and (if he so chooses) would be a great holdover for the next Administration, be it a Clinton or Trump Administration.  Transportation spending is both higher and smarter than when Mr. Obama took office. 

But there are a few "inconvenient truths" to transportation/infrastructure spending.   

Like it or not, fossil fuels aren't going away, and while our need to modernize the safety and efficiency of the use of fossil fuels is paramount, it is foolish to think that "the era of fossil fuels is over".   

While there are those who want fully electric cars everywhere NOW, it's more realistic to think that such a dream is years to decades away--only the very rich can afford those cars (no matter how some will spin things to the opposite), and if the misanthropes on the Far Left can be brought to bear, the need for the middle class and poor to have affordable utility bills is also a priority worth bringing back into our political debates. 

Speaking of affordability, we're so much into "affordable housing" that we've allowed the liars and enablers among our political elites to encourage overdevelopment that is neither environmentally smart nor geared towards the middle class.  Gigantic and mega-tall projects are geared to the upper crust of our society, favoring ocean views for the wealthy over truly affordable housing. 

Even when we've a surplus of housing both Downtown and elsewhere in the City of Los Angeles. Perhaps when capitalism catches up to the rental industry, we'll publish and encourage those looking for cheap rent to go to where it actually exists. 

Transforming neighborhoods and overdevelopment were NEVER goals of the movement that created the Expo Line and other light rail corridors, and hence the Neighborhood Integrity Initiative is in full swing to restore democracy and livability in the City of the Angels. 

So while transit-oriented development has both its opportunities and its challenges, those advocating for an end to parking altogether look more like radicals and lunatics than true visionaries. 

Roads aren't going away, and cars aren't going away, and the need to treat the suburbs differently than rural or urban cores isn't going away.  File that under "common sense", or "growing up" and "confronting reality". 

And placing more burdens on communities, while denying basic governmental services, will NOT help bring us all together r... unless it's the desire to have a new wave of pro-succession movements, such as that we're seeing in Venice

And what's going on in Los Angeles is certainly going on in other major cities throughout the nation. 

Utilities, infrastructure, "big vision projects" and the like are supposed to enhance faith in our government and its leaders, not the opposite.  The Expo Line's chief complaint by its users is its lack of cars and trains--riders can't get enough of them.  Overdevelopment and neighborhood destruction to make a few people rich, however, are not going to help this line's benefits. 

We will, as a nation, or as a state, or as a city, come together in major transportation and other infrastructure spending initiatives.  But bad spending, and enabling those who seek to financially benefit at the expense of the majority, will do nothing but turn people off to transportation and infrastructure spending ... 

... and, by extension, turn people off to what government and its taxes can do for them.

 

(Ken Alpern is a Westside Village Zone Director and Board member of the Mar Vista Community Council (MVCC), previously co-chaired its Planning and Outreach Committees, and currently is Co-Chair of its MVCC Transportation/Infrastructure Committee. He is co-chair of the CD11Transportation Advisory Committee and chairs the nonprofit Transit Coalition, and can be reached at  [email protected]. He also co-chairs the grassroots Friends of the Green Line at www.fogl.us. The views expressed in this article are solely those of Mr. Alpern.)

-cw

 

Will Frank Gehry Consider the Alternatives?

DEEGAN ON LA-Is it a tactic that will pay off or a “Hail Mary” to breathe a last breath of life into a dire situation? Whichever it turns out to be, it’s smart and that’s what anti-development activists have been showing lately: their smarts. No longer willing to automatically accept developers’ plans for incursions into their neighborhoods, or rely on threats of litigation or lawsuits, activists are “weaponizing” social media to mobilize their communities.

Read more …

When the Going Got Tough, the Tough Caved … Controversial Granny Flat Vote Postponed

CITY HALL-Looking at a potentially close vote at the City Council’s August 23rd meeting, City Council members who favor the Planning Department’s proposed repeal of Los Angeles City’s existing regulations for development of second dwelling units (sometimes called “granny flats”) succeeded in getting the Council’s vote postponed until Wednesday August 31st.   

Many repeal opponents left the August 23rd meeting angry and frustrated that the Council, without public testimony or debate, had pushed the vote back another week. But with momentum strongly favoring the many homeowner groups and neighborhood councils who vigorously oppose the repeal efforts, the last-minute continuance apparently reflected concerns by some Councilmembers that the Council’s balance is now tipping against the Department’s proposal. 

The Superior Court had ordered City planning and building officials to stop their unlawful policy refusing to enforce the City’s adopted second unit standards. The Planning Department responded by proposing that the Council should repeal the existing ordinance’s protective standards. This would mean the City “defaults” to very permissive state standards allowing 1,200 square foot second units (as large as many primary residences) to be built “by right” throughout the City’s single family residential zones, including sensitive hillside locations. 

The Department marshaled public support for its repeal proposal principally from developers who were “stranded” in the midst of constructing second units that had been permitted under the LADBS’s unlawful policy of disregarding the City’s protective standards. To date, the Department has refused to consider the obvious alternative of “grandfathering” most of these stranded permit holders, while at the same time preserving and enforcing the current adopted protective standards for future permits. 

Seeking to avoid opposition to its repeal proposal, the Department put it on a “fast track,” infuriating homeowner representatives. One typical homeowner recently wrote the Council: 

Repealing this ordinance will have lasting negative impacts on the character and infrastructure of our neighborhoods.  Abandoning the city's local control of second dwelling units will leave us at the mercy of incredibly weak state standards, and throw open the gates to developers to further fuel real estate speculation in our neighborhoods.  

You have several options at your disposal to bring the City into compliance with state law on second units. There is simply no reason to discard our protective local standards. If revisions to the Second Dwelling Unit ordinance are necessary, at the very least they must be considered with adequate public outreach, not on the current “fast track” basis, so that all stakeholders have the opportunity to consider proposed changes and express their opinion.  

The homeowner coalition that opposes the Department’s repeal proposal stressed the positive aspects of the Council’s postponement of the second unit vote until August 31st.   Pointing out that the postponement meant opponents would have “one more week to make our voices heard on this issue,” the coalition urged: 

The vote is shaping up to be very close. We have come so far since the PLUM Committee voted in favor of the repeal at the end of June, and we must keep the momentum going.  It is critical for the City Council to continue to hear how the proposed repeal would harm neighborhoods. We cannot simply abandon our local standards for the development of second units in single-family residential zones. 

We have built a terrific coalition that has been active and engaged on this issue. Our efforts have not gone unnoticed, and we are in the final stretch. 

There are three ways that you can help in advance of Wednesday’s vote: 

  • Send an email to the City Council
  • Place a call to your Councilmember’s office
  • Attend the Council meeting on the 31st 

CityWatch readers should consider doing the same.

 

(Carlyle Hall is an environmental and land use lawyer in Los Angeles who founded the Center for Law in the Public Interest and litigated the well-known AB 283 litigation, in which the Superior Court ordered the City to rezone about one third of the properties within its territorial boundaries (an area the size of Chicago) to bring them into consistency with its 35 community plans. He also co-founded LA Neighbors in Action, which has recently been litigating with the City over its second dwelling unit policies and practices.)

-cw

 

Wesson’s Explanation to LA Times Opens Pandora’s Box

THE GUSS REPORT-A week ago, the Los Angeles Times followed-up on a story I broke a week earlier in CityWatch regarding the severe personal financial troubles of Los Angeles City Council President Herb Wesson. 

David Zahniser, the Times’ veteran City Hall reporter, indicated in his article that Wesson refused to be interviewed but instead submitted a prepared statement via his media flack, who wrote, “Wesson attributed the problems to the home he and his wife bought for $759,000 …” 

The home he refers to was purchased by Wesson and his wife, Fabian, in 2007. It is located on Virginia Road in the City of Los Angeles’ Council District 10 that Wesson has represented since his 2005 election. For clarity, let’s refer to that property as “Virginia Road / LA City.” 

While Wesson may attribute his current multiple mortgage defaults and other financial problems to that purchase, his money troubles go back not years, but decades, even though he earned a consistent and generous government paycheck in various managerial and elected positions: 

  • In 1993, the Wessons defaulted on a mortgage for their house on Roberts Avenue in Culver City (“Roberts Ave / Culver City”.) The loan was from Avco Financial Services, a high risk, high interest rate lender that has since become a leader in the payday loan industry. 

Coincidentally, a senior Avco executive described the company to me as, at that time, a “lender of last resort for people who cannot get a loan elsewhere,” meaning that by borrowing from Avco, Wesson’s money problems are traceable to at least the 1980s.

Wesson had bought Roberts Ave/Culver City for $153,000 in 1988, but took a huge loss in 1993 when it sold for just $60,000. A year and a half later it got flipped for $168,000. Today it is valued at nearly $850,000. What does that tell you? 

And that isn’t the biggest red flag here. 

The default that triggered Wesson’s costly loss took place on the same day as its sale, November 24, 1993, which is also the day that he purchased a much pricier ($425,000) home on Bedford Avenue in Ladera Heights, an unincorporated area of LA County. Let’s call that property “Bedford Ave / LA County” so it is understood that it, like the property on Roberts Avenue, is not within the City of Los Angeles. 

  • In 1995, the Wessons defaulted on Bedford Ave / LA County, but narrowly avoided a scheduled foreclosure sale. Their overdue $21,086.06 indicates that payments were rarely, if ever, made to that point. 

During the years of these first two defaults, Wesson earned a comfortable living as the chief-of-staff for Los Angeles City Councilmember Nate Holden and as chief-of-staff for Los Angeles County Supervisor Yvonne Burke. This is according to Wesson’s unreliable Wikipedia page which, in one section, incorrectly says he was elected to LA City Council on July 1, 2005, while in another section it correctly says he was elected on November 8, 2005 in a special election to replace future felon Councilmember Martin Ludlow who suddenly resigned after only two years in office. 

  • In 2002, the Wessons defaulted once more on Bedford Avenue / LA County, but again avoided a foreclosure sale for being in arrears to the tune of $34,619.45. This is while serving as an elected member of the California State Assembly, where he later became its powerful Speaker, holding great sway over the state’s budget and economic health. 

None of these earlier defaults were mentioned in Zahniser’s article, which focused exclusively on the Wessons’ defaults that took place after their late-2007 purchase of Virginia Road / LA City.

Also missing from his Times article are the massive federal and state tax liens that hit the Wessons after their purchase of Virginia Road / LA City in 2008-2009 and 2011-2012 totaling nearly $100,000 in taxes, interest and penalties for income earned during Wesson’s first four years (2005-2008) on City Council, either from salaries or other sources of income. 

Still, Wesson is a deft politician who now rakes in a combined annual household income in the hundreds of thousands of dollars, while sidestepping mortgage foreclosures that continue to hound him as recently as a few weeks ago, as detailed in Zahniser’s and my articles. And last year, he finagled a 17-month extension of his final term on City Council (and those of some of his colleagues) which also pads their public pensions by thousands of dollars, with a voter-turnout maneuver described by his former Council rival and fiscal hawk Bernie Parks as “a gimmick.” 

And here the story takes an odd, possibly perjurious turn. To be continued.

 

(Daniel Guss, MBA, is a writer who contributes to CityWatch, Huffington Post, KFI-AM 640 and elsewhere. He blogs on humane issues at http://ericgarcetti.blogspot.com/. The opinions he expresses are not necessarily those of CityWatch.) Edited for CityWatch by Linda Abrams.

The Granny Flat War … From Someone Who’s Been In It

UP CLOSE AND PERSONAL--On August 31, 2016, the LA City Council could make a huge mistake that will have lasting impacts on our community. 

Once upon a time, the city of Los Angeles created regulations that protected the characteristics of single family home zones. 

In essence, some of these regulations prevented homeowners from building big second homes on a single family home property. Makes sense, right? Because that’s what “single family home zone” means. 

So, in LA, a wide variety of different neighborhoods are zoned R-01. And these R-01 neighborhoods are really a great place to live, partly because our city’s zoning regulations have helped to keep them that way. 

These regulations did allow homeowners in those zones to build another detached home on the property. But that structure had to be small, low profile, and it couldn’t have a separate address. According to LA’s regulations, homeowners were free to build “granny flats” for their relatives to live in. And remember, they are always free to add an addition to their home. That was never in question. 

This worked, for the most part, to protect the character of the neighborhood. It guarded against overdevelopment. 

But one day, in 2010, the Planning Department made a mistake, based on incorrect legal advice, instructing officials to ignore the City’s standards, and instead, to follow the state standards, which are much more lenient. For the next six years, the City issued about 75 permits each year for second units in these single family home neighborhoods. Almost all of the permits were for structures that exceeded the City’s adopted standards. 

Earlier this year, a judge determined that the Planning Department’s “ZA Memo 120” was not legal. Since then, permitting for these structures (even the small ones that would have met the city’s regulations) has been halted. 

But instead of amending the City’s regulations, City Council is now considering throwing out the regulations entirely and defaulting to the considerably more lenient state’s standards. In essence, this would mean returning to ZA Memo 120, which a Judge has already revoked. 

Why does LA have different zoning standards than the state of California? Because LA has specific needs. Just like every other major metropolitan city in this country, our city has adopted regulations to protect against overdevelopment and against negative impacts on the environment, infrastructure, and the character of neighborhoods. 

All of this may seem silly to Angelenos who live on larger parcels of land or in apartment buildings. They might say, what’s the point? If it is your land, you should be allowed to use it any way you want. Right? 

I can see why some may think that. But imagine if you lived in my neighborhood: 

Welcome to the quintessential San Fernando Valley single family neighborhood. Our houses are very close together. In my cute, quiet little neighborhood known as “Kester Ridge” in Van Nuys, our mostly small houses sit on mostly small lots. Our fences (which cannot exceed eight feet in our backyard) create the barriers which afford us some visual, if not acoustic, privacy. 

Our backyards aren’t huge, but they offer a great place to relax; most of them are big enough to accommodate a small pool or a nice little garden. Most of the lots are approximately 50 feet wide and average about 6,000 square feet. Almost every house in the neighborhood is only one story high. 

So imagine you've just bought your dream home, right here in this cute little neighborhood. It took every penny you had. But you've worked hard, you turned it into a beautiful home, and you’ve promised yourself that you are finally going to relax and lay out by the pool in your lovely backyard. 

A few months later, the property right behind you goes up for sale. And the guy who buys it is a developer. He tells you that he doesn’t have any intention of actually moving to your little neighborhood. His car, an Aston Martin, gives you an idea of where he calls home. 

He’s going use the property to generate rental income. His plan is to rent out the main property, and, thanks to ZA Memo 120, he's also going to rent out a second house which he plans to build in the backyard! It’s going to be two stories high with just as much square footage as the main house. 

The backyard isn’t very big, so he’s going to have to build as close to your back fence as the law allows. He tells you that he's got properties like this all over LA. 

This developer has started an LLC for the property, and between the two homes on a single lot, he will be generating $6,000 a month in rental income. He doesn’t care one bit about the fact that your ability to enjoy your yard (to say nothing of your property value) just went down as a result of his actions. 

He says: “This isn’t my first rodeo.” 

So, you take a moment. You try to process this: A large, two-story tall, very visible structure in the small backyard -- even though the very concept of a single family neighborhood means that this sort of thing isn't supposed to happen. 

But he gets the permit. And no one in the City even notifies you that this was happening. You live right next to the property, well within the 500-foot range. How is this possible? If there had been a particular time to voice your opinion on the matter, no one in the government told you when it was. 

You try to talk to your political representative in City Council. They keep calling it a “granny flat.” But it’s not a granny flat. It's huge. It’s a fully functioning second home, with its own house number, mailbox, and soon, a whole bunch of tenants. 

You do some research online. Even California’s Legislative Analyst has determined that this type of “urban infill” in single family home zones is not going to solve the affordable housing crisis. In fact, this type of new structure isn’t even going to make a dent in the affordable housing crisis, because there is no requirement to price it affordably. They’ll be renting at market rates. But the politicians keep throwing around the term “affordable housing” when they discuss this issue. Strange, isn't it? 

So this developer builds -- full steam ahead. The framing goes up. It’s big. And tall. And man, it’s close! You think, well, maybe we’ll get used to it. And then one day you come home to see the framing for the second story window: it looks right down onto your pool, your yard and into your bedroom! 

The building is so close to its own property line that the people living in it won’t be able to see their own yard from the window. But yours? Well, they’ll be thrilled that you've given them such a lovely view. Too bad that you can’t say the same about your new view. (See photo above.) 

This is how it happens. And because this unfair and previously illegal thing has happened to you, you decide to sell your dream home. And the winning bidder? Well, wouldn’t you know it -- a developer. If this process continues ad infinitum, say goodbye to the very notion of a single-family neighborhood. 

Wealthy developers will have a huge opportunity to make a lot of money for themselves if the SDU ordinance is repealed. They will be able to outbid the average homebuyer and will overdevelop every property they can get their hands on. 

I have read a few misinformed articles that frame this issue differently. The politicians who are in favor of the repeal of the SDU Ordinance are likely in the pockets of wealthy developers whose projects have been put on hold. These smart politicians are smart to hold actual, legitimate granny flats hostage: they know all too well that if you create a crisis that arouses public sympathy, you can exploit it. 

This is all about greed. It opens the door to rampant overdevelopment…not granny. 

Here’s what I’m hoping my City Councilmembers will do: 

Investigate the environmental impacts of any possible changes to zoning laws before they make those changes. For instance, more “urban infill” means more concrete, therefore less groundwater is absorbed, making both the drought and the flooding, due to the lack of storm drains in my neighborhood, even worse.

Discuss this issue with the public, and do it in a way that is intellectually honest. Don’t tie this repeal to the creation of affordable housing. And that includes you, Mr. Mayor! California’s Legislative Analyst's Office has determined that urban infill will not solve the affordable housing shortage in Los Angeles. In fact, the LAO has determined that this repeal won't even offer a small supply of "affordable" housing for another twenty-five years. Our politicians need to stop spinning this issue. It's unethical to confuse constituents into submission. We deserve better. 

Remember, this isn't about granny flats. While I strongly oppose the repeal, I support the public’s right to build granny flats that are appropriate for the size of one’s immediate community. We just need our politicians to create the right laws -- or common-sense amendments to existing regs -- to make that happen. 

Our politicians have a number of potential solutions that don’t involve repealing the Second Dwelling Unit Ordinance, leaving us vulnerable to overdevelopment. They should do their due diligence and behave with integrity. If revisions to the Second Dwelling Unit ordinance are necessary, at the very least they must be considered with adequate public outreach. It is not in LA's best interest to discard our protective local standards.  

I repeat: the politicians have several options at their disposal. Those options should not include throwing the baby out with the bathwater.

Please contact your LA City Councilmember before Wednesday, August 31 about this important issue. We need a lot more support because the developers have been lobbying the City Council hard for the past six months.

 

(Dannielle Langlois is film and television actress who lives in Van Nuys, next door to the above “second unit dwelling.”) Edited for CityWatch by Linda Abrams.

Should Pets of LA’s Homeless Have Their Own Attorneys?

ANIMAL WATCH-Los Angeles Animal Services has issued a media release announcing, "Non-profit Law Firm Partners with Local Dog Rescue and LA Animal Services." It explained that the Inner City Law Center (ICLC), Downtown Dog Rescue (DDR) and Los Angeles Animal Services (LAAS) are launching an "easily accessible" Pet Resource Center on Skid Row. (No physical address was provided.) 

Here are some of the highlights of the program, which has very noble -- albeit idealistic -- goals: 

"Pets and homelessness are linked in many ways," we are told. “People living on the streets often rely on their pets for emotional support and companionship. Low-income families struggling to pay rent often also struggle to care for their beloved family pets." Thus, resources and services will be provided "to enable more people and their pets to stay housed. Fewer pets will enter the Los Angeles shelter system and fewer unwanted litters will be produced. 

“ICLC, DDR and LAAS want to make it known that no matter what a person's housing or financial situation there are ways [to] keep pets with their people.” 

This statement is a little unsettling because, although it does not directly say so, it implies this is always advisable. 

It is unclear what legal services Inner City Law Center will be providing to homeless pet owners -- but it is hoped there will be an emphasis on legal responsibilities of pet ownership, including public health and safety and humane care. The only description is that, “ICLC will provide space at its office on Skid Row.” (The Inner City Law Center website lists only one office at 1307 East Seventh Street.) 

The Pet Resource Center will be open one day per week and will be run by volunteers for Downtown Dog Rescue, a highly respected organization headed by Lori Weise, who has dedicated over 20 years to providing assistance -- with an emphasis on spay/neuter -- to the pets on Skid Row, in all downtown LA areas, and also in Compton. 

Here is the list of services offered by the Pet Resource Center: 

  • Free spay/neuter vouchers
  • Assistance with animal registration
  • Vaccinations
  • Microchips
  • ID tags
  • Collars
  • Leashes
  • Crates
  • Access to emergency boarding and short-term foster care.
  • Medical care at approved partner veterinarian clinics.
  • Assistance with transportation to animal hospitals.
  • Short-term motel stays for persons who do not have a permanent residence when their pet is      undergoing a non-outpatient medical procedure.
  • Trained, volunteer counselors to provide the necessary services and offer support. 

This program will only reach a few of the thousands of homeless persons in LA with pets, but it promises tremendous benefits. 

It also poses important questions to residents and taxpayers of Los Angeles. 

Do you think homeless people should have dogs/pets? 

This question was posted recently on the Weddingbee.com site by a woman in NYC, who explained: 

“I don’t think homeless people should have dogs. I live in NYC, and there are a lot of homeless people, and a number of them have dogs. While most of their dogs are very well behaved, my dog and I got attacked by an unleashed pit bull owned by a homeless person. I sustained a bite. The homeless person didn’t have any vaccination records for the dog. Of course the dog didn’t have any rabies shot tag. He didn’t have a cell phone that we could reach him on. I asked the police to help us, but they said they couldn’t do anything. We called center for disease control and reported the incidence. I couldn’t give them any information about the dog, except for its name and the owner’s name, no known address. I had no health insurance at the time (working a contract job and not married), so I couldn’t afford the $10,000 rabies shot. The CDC told me that the dog had to be observed 10 days after the bite to make sure it didn’t know any symptoms of rabies, and if it didn’t, I would be fine. . . .What happened is probably an anomaly, but that’s the main reason why I don’t like seeing homeless people with dogs. What do you bees think about this?” 

Most responders felt that the value to the homeless person of having a pet far outweighed any occasional transgression that affected a human or another animal. 

However, most also had the opinion that the homeless owner is “saved” by the pet, that the pet has a great life of attention, is often “fed before its owner eats,” and/or that having a pet causes a homeless person to be more responsible because of he or she has someone to love. 

Is a dog/pet’s life with a homeless person humane? 

In his photo series, Skid Row Stories,” a vignette by John Huang describes a homeless woman whose life included tragic physical and emotional abuse since childhood. He wrote,“‘I thank God for everything,’” she told me as she shared her dog food with other Skid Row residents who couldn’t afford to feed their pets today. She leaned forward from her wheelchair and bent down to kiss her dog. 'I love animals,' she said. 'They're always there for you.'" 

He later added: Update: I visited Cheryl to give her some supplies. Sadly I found out her dog was stolen. Part of the reality of being homeless.” 

Cheryl’s dog (a mid-size terrier) may have been stolen. Or, it may it have been left unleashed and unattended and wandered or run away. The presumption that it was stolen relieves her of any responsibility or guilt for the loss. Homeless people often have a series of dogs. 

One of the issues that MUST be addressed in any program involving the City issuing microchips and “registrations” for the homeless is that the dog is often someone’s lost pet which was found and not reported or taken to the shelter, as required by law, to be redeemed by a grieving owner. 

Will any pet discovered to have a prior microchip or license be impounded for the legal notification period (to allow transfer of title) before LAAS issues a new “registration” to the homeless person? 

Does anyone want to think of their lost pet tied in -- or to -- a shopping cart being pushed down a trash-filled street by someone who may be unable to care for him/herself? 

Los Angeles Almanac reports that in 2015 the homeless demographic in the City of Los Angeles showed the following characteristics:

 

 

(Source: Los Angeles Homeless Services Authority]

 

Will the Inner City Law Center's attorneys assure that animals whose legal ownership is being given to a homeless person through their program receives the same standard of treatment required of other pet owners?

If the homeless pet owner neglects the animal, abuses it or beats it during a fit of rage, will ICLC take action to have the helpless creature removed and the owner prosecuted or banned from having another animal? Or, will their duty be to the person who was 'temporarily out of control' and should be allowed to keep his/her pet? 

An LA Times article, “Hounding a Homeless Man into Giving up his Dogs,” portrayed the 2014 struggle by compassionate and concerned animal rescuers to have a Pit Bull and her ten puppies removed from a homeless man, Gerrick Williams, who was keeping them in a cardboard box on the sidewalk.

Even though City officials were inundated with emails alleging that Miller was operating a puppy mill for profit, General Manager Brenda Barnette said LAAS could not seize the dog and her 10 puppies because they were not “illegal.” 

A few days after agreeing to allow the shelter to temporarily hold the dogs for him, Miller was arrested on a drug possession charge and sentenced to a year in a rehabilitation program. He told the Times reporter by phone, "This is a lot better than the streets." 

A shelter employee described the mother Pit Bull as “shy and her belly and teats sagging from having litters.” 

"If people are struggling, homeless and have addictions, another responsibility is not appropriate," Whitney Hope Smith, a rescuer who videotaped Miller's camp, told the Times. "It's very easy to give a sob story for homeless, but the endgame for the animals isn't pretty." 

What Do You Think? 

There is no question it is good to have spay/neuter, vaccinations, micro-chipping and licensing easily available for pets of the homeless. But how will these voiceless animals be protected, if necessary, from the actions or inactions of those who are mentally unstable, irresponsible or cruel after they are granted legal possession by the City and their whereabouts is unknown? 

Another serious concern is who would be held liable if dogs the City assists in placing and "registering" with the homeless attack, injure or kill other animals or a human?

Important basic questions that have not been debated by the public are whether the homeless should be held to the same or lesser standards of care and responsibility for pets, and who will speak for these animals’ legal rights to safety and humane treatment?

 

(Animal activist Phyllis M. Daugherty writes for CityWatch and is a contributing writer to opposingviews.com.  She lives in Los Angeles.) Edited for CityWatch by Linda Abrams.

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