Stage Watch: Hollywood Fringe … Struggling to Live Up to Its Glowing Self Claims

GELFAND’S WORLD--Silly me. Just a couple of weeks ago, I quoted the noble words that the Hollywood Fringe Festival uses to describe itself: 

"The Hollywood Fringe Festival is an annual, open-access, community derived event celebrating freedom of expression and collaboration in the performing arts community." 

Freedom of expression. That's an ideal that we broad minded types should support. The Fringe's glowing self congratulation goes on: 

"Participation in the Hollywood Fringe is completely open and uncensored. This free-for-all approach underlines the festival's mission to be a platform for artists without the barrier of a curative body. By opening the gates to anyone with a vision, the festival is able to exhibit the most diverse and cutting-edge points-of-view the world has to offer." 

Diverse and cutting edge points of view. That's another impressive promise. 

But the Fringe seems to be having trouble living up to its own claims. As we have learned over the past two weeks, there is at least one point of view that is not allowable. 

To understand this story, we have to back up one step and explain that the Fringe has had an ongoing relationship with a website called Bitter Lemons. (Photo above, center: Colin Mitchell and Enci Box, Bitter Lemons founders.) During the rest of the year, Bitter Lemons reviews and publicizes local theater. While the Fringe is going on, Bitter Lemons helps to publicize the festival and the productions being staged there.

Back to the main question, which is how one manages to put forth a point of view that is so outrageous that it goes beyond the festival's realm of acceptability. Curiously, the point of view that the Fringe found so objectionable wasn't even a theatrical production. It was an editorial column published in Bitter Lemons. Colin Mitchell's column isn't even about the Hollywood Fringe. It's indirectly about a sexual and physical abuse scandal that happened in Chicago. Mitchell was reacting to a long article about a small theater in Chicago in which the lead actor got away with physical battery and the pushing of sexual boundaries. 

The Chicago scandal story that Mitchell reacted to is by Aimee Levitt, and appeared in the June 8, 2016 edition of the Reader (warning: this is a long and involved story, but worthwhile readiing for any would-be actors and actresses). In the small Profiles Theater in Chicago, an actor who evidently has charisma and some acting skills managed to run his cast and crew ragged, put women in situations that made them feel socially and sexually uncomfortable, engaged in staged fights that got all too physical -- bruising the actresses routinely -- and got away with his reign of fear for years. It's not immediately clear from reading the article whether the players put up with the abuse out of ambition (and fear) for their own careers, or whether it went even further, to some sort of Rasputin-like controlling relationship between the abuser and the abused. 

For some, this will be a tempest in a fairly small teapot, the teapot being small theaters, improv training, and the community of critics and reviewers who follow them. For others, those of us who are dedicated followers of the performing arts, it's of significance. When the integrity of the system is at stake, you take notice. In addition, the large number of young actors and actresses who are taking classes and trying to break into the business should be concerned. Their own safety and their right to retain their own dignity are what is at stake. 

The question involves sexual and physical harassment and what to do about it -- and who should be doing something about it . The question came to a head during the week of June 8 when the following things took place in the order given: 

1) The story broke in the Reader in its June 8 edition. The villain in the Reader piece is the leading actor at Profiles, one Darrell Cox. Just the physical damage to his supporting players sounds bad enough, what with one character or another being thrown violently against a refrigerator or thrown to the floor forcefully enough to cause the boards to creak. There is lots more in the Reader story. 

2) Colin Mitchell, the editor at Bitter Lemons, read the story and raised an interesting question. Where, he asks, is the personal responsibility among the actors and actresses who went along in their own abuse and degradation? Mitchell points out that they were all consenting adults, which turns out to be technically in error because one abused female was 17, but the point is accurate enough on the broader scale. At what point is it a moral obligation to set aside one's personal ambitions (or even fears) and take a stand for the greater public good? We might add to the question: What is the responsibility of the crew and potentially even investors in reporting violence and intimidation to the press or even to the legal authorities? 

Mitchell presented what I think is a strained argument. He says in effect that the actors and actresses who were victimized share some responsibility for not resisting, much less rising up in open revolt. Mitchell seems to have pushed a lot of buttons when he argued that they were all consenting adults. 

Obviously this is an argument of mixed merit. It is possible to be a legal adult without being entirely consenting, and lots of victims of crimes don't go right to the police. The Cosby scandal should be proof enough, if you don't want to familiarize yourself with the official statistics. 

But I think that Mitchell has raised an old but important moral question, even if he didn't quite get the wording perfect. At what point do bystanders -- or even victims -- have some moral obligation to protest and then to resist? It was a central moral question for my generation of post-holocaust Americans, with the explicit conclusion that Germans had an obligation to resist Nazi crimes. If Germans, under a totalitarian dictatorship, had some responsibility for the acts of their government, then it follows that Americans, in a much freer society, have some moral or ethical obligation to at least report on the sorts of activities that the Reader story exposed. One columnist from a major Chicago newspaper recognized this question and accepted some responsibility for failure to raise the topic in the public press at an earlier time. 

Mitchell's editorial is not deeply nuanced, but the seed of the post-holocaust argument is there, however little it is explicated. Mitchell asks in essence why the bruised and exhausted actress didn't just walk away, at the cost of removing a starring role from her resume, but at the gain of preserving her safety and dignity. 

There is a counterargument to Mitchell's position. Several, actually. But I will argue more from the rhetorical standpoint than from the psychological. One way to look at this whole sorry affair is that new rules and systems need to be put in place that protect theatrical newcomers from predators. That was the position developed in the Reader story. If you take this approach, you don't need to obsess on whether some actress was complicit in her own abuse. Not everybody is or can be a hero, and we as a society should protect even the naive and the young. Especially the naive and the young. 

Some of the criticism of Mitchell's editorial takes the argument much further, pointing out that victims in abusive relationships lose control at some point and can't be expected to be able to resist. I think that this argument is less persuasive following a careful rereading of the Reader piece, but it is not entirely lacking. 

3) Within a couple of days, a substantial number of people submitted angry and often caustic comments to Mitchell's piece. You can read them right below Mitchell's article. Here is one example of an outspoken reply: 

"This is white male privilege douchebaggery at its ugliest. Misunderstanding basic psychology of the predator and how he grooms victims. Blaming the victims. Then shaming the victims.

Shame on YOU for perpetuating a culture that blames those who are harmed.

"Sickening, puerile, privileged, cretinous behavior." 

4) Apparently the outcry became wide enough and loud enough to get back to the Hollywood Fringe Festival. The Hollywood Fringe Festival sent out an email announcing that it was severing relations with Bitter Lemons. So much for all that noble language in the mission statement quoted above. 

5) Shortly after, Bitter Lemons announced on its website that it had fired Colin Mitchell as editor in chief. Enci Box, the publisher of Bitter Lemons, put up a long explanation  which is worth reading, as it goes into the experiences an actress endures both in looking for work and in the theatrical experience itself. 

What I have been able to figure out by exchanging emails with the Hollywood Fringe and with Bitter Lemons is limited. The Hollywood Fringe explains, "Thanks for getting in touch. We have ended our media partnership with Bitter Lemons. The decision was a board-voted and staff-supported response to the editorial piece. That's all we'll be commenting on at this time. Thanks." 

This is an open admission that the Hollywood Fringe Festival is willing to engage in its home grown variety of censorship when it dislikes some particular message enough. 

As for Bitter Lemons, it was caught in the middle of this minefield, what with advertisers pulling their business from the Bitter Lemons organization. 

The Fringe makes another argument to the effect that it needs to be a safe space for all the performers working in its productions. I can see that the Fringe productions should be physically safe, but I suggest that they go too far if they mean to suggest that every performer be psychologically safe. That is an attitude that directly contradicts the idea of " the most diverse and cutting-edge points-of-view the world has to offer." 

The argument that has been made in various forms is that Mitchell's column was hurtful to some readers. Taken further, this argument implies that some ideas are too dangerous to be allowed. Otherwise, the comment would be, "I strongly disagree with your position and wish to reply." 

Were Colin Mitchell's words and ideas hurtful? Possibly so. Undoubtedly so for at least some readers. But the idea of protecting freedom of expression is that this is a fundamental liberty. It is so fundamental that we dare not go so far as to protect people from having wounded feelings from hearing others' thoughts. As a nation, we've taken it so far as to protect the rights of modern day fascists wearing swastikas to parade in an area where holocaust survivors were concentrated. It's not that the United States is insensitive to the feelings of holocaust victims, but that we treasure freedom of speech as a core value. 

By the way, this is not meant to argue that the Hollywood Fringe Festival is obligated to follow the precepts of the First Amendment as if it were a governmental agency. It is not. It is a private organization and can legally hire or fire companies like Bitter Lemons as it sees fit. But it is also fair for us to point out that when the Fringe wraps itself in the flag of expressive freedom and brags about the untrammeled right to present material that is completely open and uncensored, well then, perhaps it ought to think about trying to live up to its own standards. 

(Bob Gelfand writes on science, culture, and politics for CityWatch. He can be reached at [email protected]

-cw

Say Goodbye to California’s Last Nuclear Power Plant!

CLEAN ENERGY PROGRESS-When PG&E retires its two Diablo Canyon nuclear reactors in 2024 and 2025, the electricity they generate will be replaced with gains in energy efficiency, renewable power, and pollution-free energy technologies. For years, some have claimed that we can’t fight climate change without nuclear power, because shutting down nuclear plants would mean burning more fossil fuels to generate replacement electricity. 

That’s wrong, of course, and now we have the proof. 

Today, California’s Pacific Gas and Electric became the first power company to announce plans to replace an aging nuclear reactor with sound investments that make us more energy efficient and help us get more clean power from the wind and sun. The announcement was part of a joint proposal negotiated with help from NRDC and Friends of the Earth, since joined and improved on by labor and other environmental groups. 

When PG&E retires its two Diablo Canyon nuclear reactors, in 2024 and 2025, the electricity they generate will be replaced with gains in energy efficiency, renewable power, and pollution-free energy technologies. 

Closing California’s last nuclear power plant will also make the state’s grid more flexible, so more renewable energy can power California’s businesses and homes. And all of this will cost less than keeping Diablo Canyon open for another 20 years after its current Nuclear Regulatory Commission licenses expire, ultimately saving customers more than $1 billion. 

The people at PG&E understand the promise of a clean energy economy  and how this forward-looking plan will lead to lower utility bills for its customers. It’s a tribute to what can be accomplished when we rally together around a common goal. What’s more, this plan is a model that can be replicated around the country, where nearly 100 nuclear reactors will retire in the coming decades, and around the world. 

Right now, America’s nuclear reactors provide about 20 percent of our electricity nationwide. The U.S. Department of Energy tells us that by 2050 we can get nearly two thirds of our electricity from the wind and sun, while efficiency gains ensure that we do more with less energy waste. 

We’re on our way. Last year, 62 percent of all the new electric-generating capacity installed in our country was powered by solar or wind, and growth in electricity use has slowed dramatically since 2000, thanks largely to energy efficiency improvements. 

The joint proposal --  subject to approval by state and federal regulators  --  shows how we can keep the momentum going, and that’s what it’s going to take to protect future generations from the growing dangers of climate change. 

Last year was the hottest  since global recordkeeping began in 1880. This year is on track to be hotter still, with the hottest first five months of the year on record. And 19 of the hottest years on record have all occurred in the past 20 years. 

We’ve got to cut carbon pollution today so our kids don’t inherit more climate chaos tomorrow. That’s why, last December in Paris, the United States led China, India, and more than 180 other nations to put real plans on the table for shifting away from the dirty fossil fuels driving climate change to cleaner, smarter ways to power our future. 

The plan to replace nuclear reactors with efficiency gains and renewable power puts PG&E at the forefront of that global transition. It proves we can cut our carbon footprint with energy efficiency and renewable power, even as our aging nuclear fleet nears retirement. And it strikes a blow against the central environmental challenge of our time, the climate change that threatens our very future.

 

(Rhea Suh is president of the Natural Resources Defense Council (NRDC). This piece first appeared in CommonDreams.)  Prepped for CityWatch by Linda Abrams.

New California Oil Spill Leaves 'Gooey Mess'—and a Reminder of Big Oil's Dangers

ENVIRONMENT POLITICS--An oil spill has reportedly leaked thousands of gallons of crude from a pipeline into a canyon in Ventura County, California, fire officials said Thursday—in what environmentalists say is a reminder of the dangers of coastal fossil fuel operations.

The leak spilled at least 29,000 gallons, or 700 barrels, as emergency crews used hoses to suck up the "gooey mess" that was created when the oil formed a small lake in a gorge known as Prince Barranca, the Los Angeles Times reported. [[http://www.latimes.com/local/lanow/la-me-ln-ventura-county-oil-spill-20160623-snap-story.html ]]

The operating line has been shut down. The LA Times notes that it is the 10th time in 10 years that the pipeline company, Crimson Pipeline, has had its pipes break or fail.

Meanwhile, the oil company, Aera Energy, is jointly owned by Shell and ExxonMobil and is responsible for 25 percent of California's output, making it one of the state's biggest oil producers.

"It is distressing to once again see this kind of devastation visited upon a sensitive location," said Brian Segee, senior attorney with the Santa Barbara-based Environmental Defense Center.

The figures on the oil spill have been difficult to verify. Earlier in the day, fire officials put the estimate at 5,000 barrels—or 210,000 gallons—before amending it to a much smaller number.

Segee noted that the response to last year's Plains All American oil spill on Santa Barbara's Refugio Beach was similar.

"So far estimates for the size of this spill have been all over the map. It is important to remember that with last year's Plains All American Oil Spill at Refugio Beach, the initial industry estimates were orders of magnitude below reality," Segee said. "But we are still very early in understanding the scope of this spill and the challenges that yet another major oil spill will deliver to our region. Regardless of the size, any amount of spilled oil is inexcusable and destructive."

The Center for Biological Diversity (CBD) told the LAT the spill should serve as another warning of Big Oil's risks.

CBD attorney Kristen Monsell said, "This major spill is another grim example of why we must get pipelines and oil drilling out of California's vulnerable coastal environment. The spill's already causing environmental damage. We've got to stop thinking about these oil spills as accidents and start regarding them as completely predictable ecological tragedies that we can prevent with strong action.

(Nadia Prupis writes for Common Dreams … where this piece was first posted.)

-cw

Metro’s Purple Line Meets a Fork in the Road

PLATKIN ON PLANNING--LA City Planning will soon be forced to make a clear choice regarding the Purple Line Subway Extension. In particular, City Planning is sponsoring two community meetings, on June 29 and 30, to undertake station area planning for three stations: Wilshire/LaBrea, Wilshire/Fairfax, and Wilshire/LaCienega, shown on the map above. 

Which approach to station area planning will prevail? 

The fork in the road for both METRO and the City of Los Angeles is the actual purpose of mass transit. Is it to improve the mobility of Los Angeles residents, to give them more appealing transportation options? Or, is the purpose of transit, such as the Purple Line Extension, to create opportunities for real estate investors to capitalize on suddenly valuable parcels at station areas? 

While most people assume the purpose of transit is to improve mobility for local residents, commuters, and visitors, the choice facing City Hall, based on clashing precedents, is much murkier. The direction, therefore, that the planners and then the City’s elected officials make, will have repercussions for decades to come, probably, in fact, past the end of the 21st century. 

There is a precedent for planning station areas early in the construction process, to make sure that neighborhoods adjacent to transit stations, generally in a quarter-mile radius, are carefully designed to reflect the concerns of both local residents and future passengers. In fact, the Planning Department already prepared comprehensive specific plans for the subway stations at LaBrea/Wilshire and Fairfax/Wilshire, including visionary station designs.  City Planning prepared these plans in the early 1980’s, when the original Metro Rail alignment was Wilshire Boulevard to Fairfax, and then north on Fairfax through West Hollywood, Hollywood, and over the Cahuenga Pass to North Hollywood. 

METRO, then called the Southern California Rapid Transit District, hired the Department of City Planning to prepare approximately 13 separate Specific Plans. When METRO changed the original alignment in 1986 because of political pressure, two of those completed plans, including their EIRs, now correspond to the new Purple Line Extension stations. They could easily be pulled out of old file cabinets, dusted off, and with a few changes, be brought up-to-date. 

But, don’t hold your breath because of a conflicting precedent, Metro’s Expo Lines. In this case, the planning process has strictly focused on up-zoning and up-planning station area parcels to promote Transit Oriented Development, even though METRO itself calls for Transit Oriented Districts/Commununities. 

This alternative is called Neighborhood Transit Plans, an ambitious City Planning program to create local plans for stations on all of METRO’s rail projects in Los Angeles. The most advanced of these plans, for the Exposition Line, is a draft specific plan, first unveiled in January 2015, but yet to be adopted. This draft is, in my view, the template for all future Neighborhood Transit Plans, including those for the Purple Line Extension. 

A careful look at this template reveals that it is a zoning document. Even though the template is labeled a plan, it is not, tellingly, part of the General Plan. It is, in effect, a plan implementation tool, zoning, that is mislabeled a plan. 

There is also a companion Streetscape Plans for each of the Exposition Line’s stations, but these document are not part of the draft Specific Plan. The differences are critical. The City Planning Commission and the City Council adopt Specific Plans as ordinances. Streetscape Plans, however, are only advisory documents that the Board of Public Works, Cultural Affairs Commission, and the City Planning Commission approve.  While Streetscape Plans do include detailed improvements for public areas, they have no implementation authority, such as the City’s budget, capital projects, or Departmental work programs. 

Basic Steps for Purple Line Station Area Planning 

Given these alternative precedents, how should the City of Los Angeles now proceed with comprehensive planning for the Purple Line Extension, as well as other METRO rail corridors? 

First, the entire station area planning process should be completed and implemented before the Purple Line opens to the public in 2023. Considering that the Blue Line, Green Line, and Orange Line are operational, but do not yet have any adopted transit station area plans, this is not a good start. Likewise the Red Line subway, between the downtown and North Hollywood, with a Purple Line spur to Wilshire/Western, only has one adopted plan, the Vermont/Western Transit Oriented District Specific Plan (SNAP). This corridor, like other centers in Los Angeles, does, however, have land use plans prepared by the Community Redevelopment Agency. At some future point, these redevelopment plans will be transferred to the Department of City Planning and may become additional specific plans for transit stations.  

Second, the station area planning process should not reinvent the wheel. The dormant station plans from the previous rail alignment should be re-used, but with a warning. Those older plans did not view transit as a gift horse to real estate developers, but as a threat to existing communities located near stations. These plans protected existing communities from over-development by subway projects in older Los Angeles neighborhoods. These plans also included a subsequently discarded planning principle: new real estate projects should be limited to the capacity of local infrastructure and services. 

Third, instead of using rail projects to attract new residents to station areas, the plans should focus on public improvements that address the mobility needs of existing residents and commuters. This principle is at odds with the model Exposition Specific Plan, whose purpose is to encourage high-density apartment projects, based on the untested assumption that their tenants will live near subway stations and, therefore, use mass transit. 

Fourth, the restored station area plans must address heavy automobile traffic generated by the nearby Cedar-Sinai Hospital, Beverly Center, Beverly Connection, Grove Shopping Center, and Farmers Market. These local traffic generators need be carefully linked to the new subway stations. 

Fifth, to properly serve the transportation needs of Purple Line Extension neighbors and commuters, the planning process should include the following agencies and projects: 

  • Bureau of Street Services regarding systematic tree planning, pedestrian curb cuts, and other sidewalk improvement in the station planning areas, at least a 1/4 mile from the station site. The precedent for these improvements can be found at the Purple Line’s Wilshire-Vermont station, where METRO paid for similar improvements on both Vermont and Wilshire Boulevard. 
  • Department of Water and Power regarding the undergrounding of power utility lines in station areas. Since the relocation of these utility lines is part of subway construction, some of this work is already underway. 
  • Department of Transportation, regarding the construction of bicycle infrastructure and pedestrian enhancements, such as intersection redesign and way-finding signs. 
  • Bureau of Street Lighting regarding the installation of improved street lighting on pedestrian-oriented streets. 
  • METRO regarding the construction of station-site interfaces for cars (Kiss ‘n Ride and Park ‘n Ride), busses, taxis, carpools, vanpools, pedestrians, motorcycles, and bicycles. 
  • Los Angeles Police Department regarding citations for automobile drivers who block pedestrian crosswalks with their cars. 

The combination of these public improvements is called Transit Oriented Communities (TOC) by METRO, so there should be no reluctance on their part to assure that these features are properly planned, funded, and constructed prior to 2023.  

Evolution of Station Area Planning in Los Angeles 

Underlying this discussion is the steady evolution of station area planning from broad improvements in mobility to now rolling out the red carpet for real estate projects. While the older plans were growth neutral, the current approach is clearly growth inducing, but with little concern for the public services that additional residents will require. 

A deeper question is why has the focus of station area planning changed so much during the 30 years between the first Metrorail project and the current one. The answer, I think, is the continued collapse of the post-WWII liberal order in the United States, which gradually became neo-liberalism. From the early 1970s onward, President Lyndon Johnson’s Vietnam War promise to the American public of “guns and butter” could not be kept. The traditional liberal formula of progressive legislation at home (e.g., Social Security, Medicare, Voting Rights Act, EPA) married to a hawkish foreign policy collapsed. Even though the hawkish component quickly resumed, this breakdown included the gradual elimination of many domestic programs, such as the Federal government’s programs for public housing programs and local transportation projects. 

To justify these cutbacks in domestic programs, neo-liberal ideology filled the bill nicely. Its main tenant was that market forces, if properly infused by deregulation and incentives to investors, could address stubborn social problems, such as traffic congestion and high priced housing. When applied to cities, neo-liberalism meant the elimination of major urban programs and the deregulation of zoning and environmental review. As a result, local government policies have since then deliberately benefited owners of commercial property, on the assumption that if zoning barriers, such as use, height, density, and parking codes, are removed, developers will build a cornucopia of Transit Oriented Development near transit stations. This miracle cure would simultaneously provide affordable housing and drive up transit ridership. So far this has not yet happened, but its defenders claim they need more time for their zoning plans to be vindicated. 

Unfortunately, we do not have enough time for this grand experiment to be played out. The supposed miracle cure of high density market housing built at subway stations, regardless of population trends or the capacity of public infrastructure and services, will lock us in to undesirable land use patterns that will haunt us for generations to come. Affluent residents in these areas are not likely to become regular transit users, while local streets, parking facilities, and other public services will not be able to keep up with increased user demand. 

This is why I have argued that the focus of station area plans should be public improvements, such as better sidewalks, not up-zoning and up-planning handouts for real estate tycoons. 

It is also why I now argue that the planning for the Purple Line stations forces the Department of City Planning to make some tough choices on the ultimate purpose of mass transit. Will it be the needs of residents and commuters or will it be the needs of real estate speculators? 

 

(Dick Platkin is a former LA city planner who reports on local planning issues for CityWatch. He welcomes comments and corrections at [email protected].)

-cw

 

Los Angeles: Laboratory for Local Tax Increases

POLITICS-In the primary election this month 89 local taxes and bonds faced voters. The total is expected to increase in November. In some jurisdictions voters likely will face multiple tax increases dedicated for different purposes.

Los Angeles is a prime example.

Today, the transportation agency known as Metro is considering a half-cent sales tax to fund transportation projects. Los Angeles already has a sales tax for transportation but it has an end date approaching. No end date on the new tax proposal. In a change of tactics, Metro leaders decided to extend the sales tax on a permanent basis.

Los Angeles City residents will probably also face a bond or parcel taxes to fund homeless remedies. The city council plans to move both measures forward, making the final decision on which mechanism to advance to the ballot once council members can further “study” the issue.

Consider that shorthand for which version polls better.

In fact, polling already seems to be moving the decision makers to consider a bond to benefit the homeless. Voters often look at bonds as free money, not realizing that they are funded by property tax increases. Polling shows greater acceptance for bonds than parcel taxes, which have the dreaded “tax” word attached.

In reality, a $1 billion bond would cost twice as much as the $1 billion parcel tax program because of the interest to pay the bond. Parcel taxes have their own issues that could upset a campaign to achieve the necessary two-thirds voter for passage, the same mark bonds must hit. Would a parcel tax be levied per parcel or per square footage? Square foot charges are aimed at collecting more revenue from larger, commercial properties, which likely would open the door for an opposition campaign funded by business. In addition, a square footage tax may be challenged as unconstitutional.

Despite the economics of the more expensive bond proposal, the politics favor pursuing that approach.

Meanwhile, Los Angeles County is considering a parcel tax for parks. The county also considered raising an income tax for the homeless but that plan has sputtered. It required state approval which it did not get. The parks proposal would more than double revenue now brought in by the property assessments that currently help fund county parks. Again, business is opposed to the square foot method and has informed county supervisors that so many, varied tax measures cannot be justified.

In addition to local taxes, voters will face statewide tax measures on the ballot. The $2 a pack cigarette tax increase and the Proposition 30 income tax extension initiatives are both expected to be on the ballot. And, let’s not forget that the marijuana legalization measure has a tax attached to the growth and sale of cannabis.

Analysts wonder how voters will react to an onslaught of taxes. The question is particularly of concern in localities like Los Angeles if all the taxes are placed on the ballot. Many of the local taxes and bonds, unlike the state measures, require a two-thirds vote to pass.

My guess is that multiple tax measures will benefit opponents who need just over one-third of the vote to defeat most tax measures.

(Joel Fox is the Editor of Fox & Hounds and President of the Small Business Action Committee. His insightful column appears daily at Fox and Hounds.) 

-cw

LA City Council: ‘City Hall is Clueless about Its Role in Fueling Homelessness

VOICE OF THE PEOPLE--Were the evictions of more than 20 disabled veterans, elderly and low-income people from 1850 N. Cherokee, (photo above) which left two residents of the rent-stabilized building permanently homeless, a really rare outcome of the LA City Council's habit of giving developers favors to build whatever they want, even if it pushes the poor out of the way? Or is the tragic scenario at Cherokee Avenue actually a lot more widespread than imagined — as testimony this week involving three LA City Council members strongly suggested? 

The answer: The testimony revealed that the City Council and LA Planning Department have no idea how many evictions, or how much destruction of affordable housing, they create by approving “spot zoning” — the severe bending of zoning rules on a single piece of land. In fact, City Hall's broken planning system is fueling LA's luxury housing craze — at the expense of everyone else.  

Historic 1850 N. Cherokee is the centerpiece of a tragedy, having been emptied in 2013 of its low-income Angelenos by the wealthy Lesser family — to make way for luxury condos. A “spot zoning” change in 2009 allowed the Lessers to subdivide the land for luxury condos. This exemption from zoning rules wipes out many rent-stabilized units in Los Angeles. Already 22,000 rent-stabilized units have vanished in LA since 2000, fueling LA's homeless crisis. The Neighborhood Integrity Initiative, a reform heading for the March ballot and sponsored by the Coalition to Preserve LA, is focusing heat on the City Council to end its practice of letting wealthy developers get around zoning rules that are supposed to protect communities.  

The Neighborhood Integrity Initiative requires the City Council to do its job, by writing a General Plan and 35 Community Plans that respect what communities want, reducing developer control over the planning process.  

But as testimony at City Hall this week revealed, the system is broken. Only some Cherokee tenants were paid relocation fees required under the Ellis Act, a state law that allows mass evictions if the building owner wants to permanently transform his structure into a non-rental use. Some Cherokee residents, according to testimony before LA City Council members Gil Cedillo, Marqueece Harris-Dawson and Jose Huizar, were not properly compensated.  

Several tenants were also promised a chance at the new condos that were on the way at Cherokee. Under redistricting in 2012 the property was shifted from Council District 4 to District 13. Developer David Lesser persuaded the new city councilman, Mitch O'Farrell (who is even more eagerly pro-developer than Garcetti), to allow Lesser to pursue a much more profitable project — a luxury hotel.  

“Susan,” an older woman who lived at Cherokee for 30 years, was among those mass-evicted by Lesser under the Ellis Act. Susan told the Council members, “You never quite recover from that. I dream about my old apartment. Now I see it happen to dozens, probably hundreds, probably thousands of other people. It’s unconscionable what’s going on.”  

City officials have justified allowing Lesser to switch from condo housing to hipster hotel by portraying the forced-eviction apartment building to be nothing more than a “vacant” shell, no harm done. Which is clearly a lie by city officials. But just as improper, the Department of Planning has declared the proposed upscale hotel to be “residential” not commercial — allowing wealthy developer Lesser to provide fewer amenities, yet another City Hall favor to a developer who drove people out.  

“Homelessness is on rise and 1850 Cherokee is an example of that,” Sylvie Shain, an advocate for the displaced who appealed the hotel plan this week, testified to Cedillo, Harris and Huizar. “Two of the former tenants are still homeless three years later — one lives on the couches of benevolent friends and the other is living in his car.”  

Sitting as the City Council’s Planning and Land Use Committee (PLUM), the three councilmembers ultimately did something rarely seen at City Hall: they sided with the little guys. Dawson and Cedillo voted to back Shain’s appeal of the city’s approvals for a luxury hotel at Cherokee, with Huizar voting against Shain’s appeal. (Photo right: Councilman Huizar)  

In a revealing and highly unusual exchange, all three PLUM committee members — Cedillo, Dawson and Huizar — appeared stunned that the city's small Department of Planning, whose staff is about half the size of Seattle's, does not know how many people the City Council is displacing by backing “Ellis Act” evictions. Yet the City Council and Department of Planning are the ones who set these evictions in motion, whenever they let developers turn LA’s desperately-needed affordable housing into a different use.  

How is this possible? Los Angeles has the highest paid City Council in the nation ($184,000 a year), and each council member has a personal staff of up to 25 aides. Yet read the below back and forth between the three councilmen and Director of City Planning Vince Bertoni at this week's fascinating PLUM hearing (yes, we said fascinating hearing). It reveals that the City Council is utterly in the dark about the human displacement its land-zoning manipulations cause:  

Huizar: “Mr. Bartoni when we get these projects before us, seeking an 'entitlement' and/or a new use on a property, is there something in the documents that flags to [us] that the property is under the rent-stabilization ordinance and/or the Ellis Act? Does anything flag us?”  

Vince Bartoni, City Planning Director: “I’ll ask Mr. Rausch to come to the microphone to address that.”  

Charlie Rausch, L.A. City Planner: “What was question again?”  

Huizar: “Whenever there’s an applicant to change a use for a property, do we get somehow flagged in our documents that this [property] is under rent-stabilization or under the Ellis Act?”  

Rausch: “Generally not. I haven’t seen one in a case file.”  

Huizar: “I’ve always wondered what’s the cumulative impact … At some point we should have an odometer that says, 'Look, you’re taking off [the market] all these rent stabilization units. Does the left arm in housing department, who is in charge of this, really know what we are doing over here?” 

At that point, Rausch reminded Huizar of the hotly disputed proposal to transform the affordable Wyvernwood housing development in Huizar’s district in Boyle Heights, displacing a staggering 6,000 residents who stand in the way of 4,400 proposed luxury condos and luxury rentals. Only 15% would be set aside as “affordable.” The gigantic multi-skyscraper urban renewal plan hearkens back to massive, vertical projects pushed by Eastern cities decades ago.  

Boyle Heights residents have marched in the streets against Wyvernwood, which would forever transform and gentrify heavily working-class and Latino Boyle Heights. It would pour 20,000 mostly upscale new residents into several 24-story towers, and would include 300,000 square feet of office, commercial and retail space. The wealthy developer, Steven Fink of Fifteen Group in Miami, would be allowed by City Hall to carve up extensive green space and meadow-like grounds that meander through Wyvernwood, to jam in several new streets.  

With a nod to respecting the existing tenants, Huizar has nevertheless backed the developer. Simply put, Wyvernwood is the equivalent of displacing a small working-class town for the desires of a single developer.  

In the end, this week's City Hall PLUM committee upheld Sylvie Shain's appeal against the luxury hotel proposed at Cherokee, which she based on requirements of CEQA, the California Environmental Quality Act.  

Cedillo said of the human displacement tragedy created at 1850 N. Cherokee, “People have been basically put asunder.” Dawson said, “We don’t even know if the people got the basic relocation fee — while the letter [of the law] might have been met, the spirit is being violently violated in this case.”  

If Cedillo and Dawson stick to their guns at next Tuesday's follow-up PLUM hearing (plus find one more city council member on PLUM to back them with a third vote), the consistently pro-developer LA Planning and Land Use Committee might find itself in an unusual situation: turning down a rich developer with a bad project that breaks the city’s zoning rules and displaces people.  

Mark Simon, of the Los Angeles Tenants Union, summed it up best to the PLUM councilmen: “Just walk outside — in maybe 20 feet in each direction, [you'll] get some hard evidence of the devastation projects like these cause on the homeless impact. It's ridiculous to say there’s no hard evidence — my God, we’re all living with it.”

 

(Jill Stewart is Campaign Director for the Neighborhood Integrity Initiative and former LA Weekly editor. She can be reached at [email protected]. Miki Jackson writes about Los Angeles politics. She can be reached at: [email protected]

-cw

Tags: Jill Stewart, people’s voice, Neighborhood Integrity Initiative, 2preservela, 1850 N. Cherokee, LA City Council, city hall, PLUM committee, David Lesser, Erick Garcetti, Jose Huizar, Gil Cedillo, Coalition to Preserve LA

 

California's State Religion

 NEW GEOGRAPHY-In a state ruled by a former Jesuit, perhaps we should not be shocked to find ourselves in the grip of an incipient state religion. Of course, this religion is not actually Christianity, or even anything close to the dogma of Catholicism, but something that increasingly resembles the former Soviet Union, or present-day Iran and Saudi Arabia, than the supposed world center of free, untrammeled expression. 

Two pieces of legislation introduced in the Legislature last session, but not yet enacted, show the power of the new religion. One is Senate Bill 1146, which seeks to limit the historically broad exemptions the state and federal governments have provided religious schools to, well, be religious. 

Under the rubric of official “tolerance,” the bill would only allow religiously focused schools to deviate from the secular orthodoxy required at nonreligious schools, including support for transgender bathrooms or limitations on expressions of faith by students and even Christian university presidents, in a much narrower range of educational activity than ever before. Many schools believe the bill would needlessly risk their mission and funding to “solve” gender and social equity problems on their campuses that currently don’t exist. 

The second piece of legislation, thankfully temporarily tabled, Senate Bill 1161, the Orwellian-named “California Climate Science Truth and Accountability Act of 2016,” would have dramatically extended the period of time that state officials could prosecute anyone who dared challenge the climate orthodoxy, including statements made decades ago. It would have sought “redress for unfair competition practices committed by entities that have deceived, confused or misled the public on the risks of climate change or financially supported activities that have deceived, confused or misled the public on those risks.” 

Although advocates tended to focus on the hated energy companies, the law could conceivably also extend to skeptics who may either reject the prevailing notions of man-made climate change, or might believe that policies concocted to “arrest” the phenomena may be themselves less than cost-effective or even not effective at all. So, fellow Californians, sign onto Gov. Torquemada’s program or face possible prosecution and the fires of hell. 

The new intolerance 

Although they target widely different issues, these pieces of legislation reflect a highly authoritarian and illiberal brand of progressivism evolving into something of a state religion. On one hand, California cannot tolerate the autonomy of religious institutions if they refuse to embrace the secularist ideology that dominates the state. Even religious clubs on California State University campuses can no longer restrict their leadership to those who actually are believers. 

Similarly, the emerging attack on anyone questioning climate change orthodoxy represents another kind of religion, one that gives officially sanctioned science something close to papal infallibility. Despite the fact that there remain widely divergent views on both the severity of climate change and how best to address it, one has to adhere to the accepted “science” – or else. 

Perhaps most shocking of all, this new spirit of progressive intolerance is affecting other institutions, notably academia and the media. Long incubators for free thinking, the academy, as liberal legal scholars such as Alan Dershowitz note, now routinely violates due process. 

The University of California even has promoted the idea of “freedom from intolerance” in order to protect students from any speech that may offend them as discriminatory. In the context of today’s campus, this means that not only the lunacy of Donald Trump but even conventional conservatism must be curtailed as intrinsically discriminatory and evil. Yet, at the same time, proudly violent groups like the Black Panthers are openly celebrated. 

This cult of political correctness has reached such ludicrous levels that the University of California considers it a “microagression" to assert “America is a land of opportunity,”  or to dare to criticize race-based affirmative action. Perhaps more dangerous, such attitudes are incubated in our law schools, which increasingly embrace the notion that the law should be employed specifically to promote certain ideals – whether environmental, race-related or gender-related – embraced by overwhelmingly progressive institutions, irrespective of constitutional limits. 

The media, to their shame, increasingly embrace these notions, for example, by refusing to print letters from climate change skeptics, as has occurred on outlets such as Reddit and the Los Angeles Times.  Increasingly, mainstream newspaper accounts do not even bother considering skeptical views, including those held by dissenting scientists or questioning economists. What we used to associate only with Soviet-era papers like Pravda increasingly pervades much of the mainstream media. 

In such an environment, it’s not surprising that legislators and elected state officials feel free to target churches, conservative think tanks or energy companies such as Exxon with criminal sanctions and penalties. That such approaches are disguised either as being “scientific” or reflective of “social justice” makes them no less heinous and fundamentally illiberal, in terms of traditional American values of tolerance and respect for dissenting opinions. 

Forgetting Madison, embracing groupthink 

For the record, I am neither a Christian, nor do I deny that climate change could pose a potential serious long-term threat to humanity. What worries me most is the idea that one must embrace official orthodoxy about how to combat this phenomenon, or question its priority over so many other pressing concerns, such as alleviating poverty, both here and abroad, protecting the oceans or a host of other issues. Similarly, I have always disagreed with holy rollers like Sen. Ted Cruz, who would seek to limit, for example, abortion or the rights of gay people to marry, or would allow school prayer. 

But the new progressive intolerance now represents, in many ways, as great, if not more pervasive, a threat to the republic than that posed by either religious fundamentalists or even the most fervent climate change denier. It violates the Madisonian principle that assumed that religious and moral ideas “must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate.” To revoke that principle is to reduce the United States to just another authoritarian state, even if the official ideology is couched in scientific research or estimable embrace of racial or gender differences. 

It is no surprise, then, that today many Christians – as much as two-thirds, according to one recent survey – feel that they are being persecuted. Indeed, if they dissent from orthodox views, they now can find themselves the subjects of official opprobrium, as seen in the case of Chick-fil-A in New York, where Mayor Bill de Blasio has urged his constituents, somewhat unsuccessfully, to boycott the popular restaurant. In some cases, you can lose your job by taking the wrong position, as was the case for Brendan Eich, former CEO of Mozilla. The attempt to impose orthodoxy on religious schools, as in SB1146, seems the logical extension of such thinking. 

The jihad against anyone who dissents on climate issues also impacts those who are not religious. Couched in the oft-repeated hysterical language that has come to dominate green politics, anyone who dissents on the orthodoxy – whether a moderate Democrat, an energy company or the stray scientific skeptic – faces the possibility of official persecution. 

Already, 16 Democratic state attorneys general are actively seeking such action against companies and individuals, which should offend anyone who believes in the ideals of free speech and diversity of opinion. That our own governor and Legislature embrace such repressive views is anathema to the very idea of California, where the “free speech” movement originated and fostering unorthodoxy has been something of a tradition. Slowly, our very essence – born of debate and dissent and the presence of so many ethnicities and world views – is being stamped out in an attempt to enforce orthodoxy. 

This process, as in so many areas, has been exacerbated by our transition into a one-party state where, increasingly, only the most orthodox views on all issues can be tolerated. Ultimately, we as Americans – and Californians – will pay a price for this. History is replete with stories of decline brought on by enforced official orthodoxy, from Byzantium to China’s Qing dynasty, the Spain of the Inquisition, Nazi Germany, the Soviet Union or the current religious autocracies of the contemporary Middle East. 

As we seek to limit options and ways of thought about everything from marriage and bathrooms to how the planet operates, we don’t just persecute dissenters. We also undermine our ability to innovate, adapt and evolve as a society.

 

(Joel Kotkin is a R.C. Hobbs Presidential Fellow in Urban Futures at Chapman University and executive director of the Center for Opportunity Urbanism in Houston. His newest book is “The Human City: Urbanism for the Rest of Us.”) Prepped for CityWatch by Linda Abrams.

 

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