Urban Coyotes - Learning to Coexist With Them

DEEGAN ON LA-The shot rang out in the silent summer night, in Silver Lake. One coyote down. Summer is here, the heat is rising, and the hills are full of coyotes that are migrating down from their usual habitats in the now-parched hillsides to urban centers in search of food and water. What to do? Definitely don’t shoot them, as an apparent coyote vigilante did in Silver Lake a few weeks ago. 

"This kind of sniper attack against a coyote is the first Ive heard of in Southern California. There has been an outpouring of support to find and catch whoever committed this reprehensible act of animal cruelty. Project Coyote is offering a $1,000 reward for information leading to the arrest and conviction of the sniper who fatally shot this coyote in Silver Lake,” declared Randi Feilich, the Southern California Representative for Project Coyote an organization that promotes coexistence between people and wildlife through education, science and advocacy. 

The LAPD is treating the coyote shooting in Silver Lake as an open criminal case, and asking anyone with information to call the Animal Cruelty Task Force at 213-486-0450. 

Protecting wildlife corridors in the hills, so coyotes and other wildlife can trek to common grounds, is no longer the answer when the native wildlife, that were here long before any of us, descend into Silver Lake, or Hancock Park, or the Valley communities at the base of the Santa Monica Mountains. 

Coexistence with them and education about them are the winning strategies for dealing with our wildlife neighbors that are showing up in urban neighborhoods with real regularity. 

Hillside dwellers may be more familiar with coyotes than city dwellers, although, as the hills continue to densify and attract first-time residents, many more are seeking the “living-in-nature” experience in the midst of urban sprawl -- one of the coveted lifestyles in LA. So, some knowledge about the wildlife population and strategies for coexisting with coyotes in the hills or on city streets is necessary. 

Many people moving to hillsides are simply unaware there is wildlife living near them in close proximity. Education is the key for safe coexistence", said Feilich. The same advice – education -- applies to city dwellers. 

Project Coyote offers strategies for both hillside and city residents to coexist with coyotes. 

If you live in the city, these are some solutions that will help you manage:

  • Start with keeping your animals on a leash when you are taking them for a walk.
  • Some waste management containers don’t have self-closing lids--always have garbage contained and covered.
  • Fruit on ground attracts rodents and then coyotes. Pick it up when it falls off the tree.
  • Don’t feed a coyote by leaving cat food or dog food outside.
  • Leaving your pet door open at night is a problem. Close it at night.
  • Dusk to dawn is the critical time to be sure you don’t have free-roaming pets when you take them for a walk.
  • Spay or neuter your dog. Coyotes can, and will, mate.
  • Secure your under-house crawlspaces to deny coyotes a place to hang out and make themselves at home. 

Here are some of the tested and effective strategies if you live in the hills:

  • You can build fences around your property. Make them 6 to 7 feet tall because coyotes can leap, and are also good climbers, and sink the fence to a depth of at least a half-foot to prevent them from burrowing under the fence.
  • If you have coyotes coming into your yard, you can get solar operated flashing lights, or motion sensors, or motion-activated sprinklers. Any of these methods will scare a coyote away.
  • To prevent a coyote from climbing up your fence, you can install a “coyote roller” which has a unique design that prevents coyotes from getting the traction with their front paws needed to climb a fence line. A coyote roller (coyoteroller.com) is a 4-foot, aluminum extruded ribbed roller designed to prevent animals from getting the foothold they need to climb over a fence. It’s simple, safe, and humane; it requires no power source while being maintenance free and durable. 

Project Coyote’s Feilich makes a point many hillside dwellers may not have considered when she advises, “Clear away dense brush and weeds that can become den sites for coyotes who are looking for a safe place to raise their young. April through August is pupping season for coyotes. Dont create a habitat for them if you dont want them in your neighborhood. But also recognize that they are one of natures most effective rodent controllers so theyre important to healthy ecosystems.

 

Project Coyote offers this short video of “Best Practices For Coexisiting With Coyotes”

Others, like California wildlife biologist Kevin Brennan, an expert on coyotes in Southern California who works for the California Department of Fish and Wildlife, have also shared their strategies. Brennan recently told a Southern California Public Radio audience that “understanding some of the attributes of coyotes helps -- theyre likely to eat pets, root through your garbage and frighten homeowners.” 

He advises a strategy of deterrence for urban dwellers who are not used to dealing with the growing presence of coyotes that are now often sighted when walking dogs in city neighborhoods. Like others, he suggests keeping pets on a leash when outdoors, cleaning up loose garbage and picking up fruit that falls from trees, thus denying coyotes a free lunch. You can also make coyotes feel uncomfortable by opening and closing an umbrella aimed at them or throwing a tennis ball toward but not at them; this will not hurt them but may scare them away.

Closer to home, Los Angeles Animal Services offers a very informative brochure full of tips and FAQs that can help you, such as: 

What should I do if a coyote approaches me?

  • Wave your arms.
  • Shout in a low, loud tone.
  • Throw objects at the coyote while maintaining eye contact.
  • Make yourself look as big as possible.
  • If you are wearing a jacket, take it off and swing around over your head.
  • If possible go towards active or populated areas but do not turn your back and run from the coyote as that could trigger a chase. 

How can I keep my dog safe?

  • Closely supervise your dog.
  • Do not leave small dogs unattended in your yard.
  • Walk your dog on a leash at all times & stay close to high pedestrian traffic areas.
  • Try not to establish a regular routine & route to avoid setting up a pattern for the coyote to detect.
  • Avoid dense brushy areas or paths near abandoned properties.
  • If you notice a coyote when walking your dog, keep your dog as close to you as possible and move towards an active area.
  • Never encourage or allow your dog to interact or “play” with coyotes.

No matter if you live in the hills or the flats, the coyotes are singing the same tune as humans as they roam our streets and hillsides: Home Sweet Home.

 

(Tim Deegan is a long-time resident and community leader in the Miracle Mile, who has served as board chair at the Mid City West Community Council and on the board of the Miracle Mile Civic Coalition. Tim can be reached at [email protected].) Edited for CityWatch by Linda Abrams.

 

Funding the Homeless Fight: Let the Voters Decide

GUEST COMMENTARY-Faced with what may be the most critical moral, civil rights and social justice issue of our time, the Los Angeles County Board of Supervisors is considering asking voters to approve a tax to fund the fight against homelessness. 

Ongoing revenue — as opposed to one-time-only funding — would go far towards implementing the comprehensive 47-point strategy of the Los Angeles County Homeless Initiative, which seeks not only to house the homeless, but to provide a full range of supportive services that are vital for homeless persons to achieve stability and eventually become self-supporting. 

We are in a crisis and, sadly, it is growing. According to the Los Angeles Homeless Services Authority, the current homeless population of 46,874, would fill every seat at the downtown Staples Center, USC’s Galen Center and the newly renovated Forum in Inglewood — combined. This is the largest number of homeless men, women and children in a local jurisdiction anywhere in the United States. It’s hard to believe but the trends strongly suggest there will be another 2,000 homeless individuals by this time next year. Needless to say, this is not only unsettling but patently shameful. 

The disturbing increase in homelessness in LA County over the past three years is part of a statewide problem. The Board of Supervisors recently called on Governor Jerry Brown to declare a statewide emergency on homelessness, which would make funding available immediately to assist California’s 115,000 homeless — the most of any state, and more than 20 percent of the United States’ homeless population. The California State Assembly answered the Board’s formal request last month, passing HR 56,  which also urged the governor to make that emergency declaration. The general public has spoken as well, with some 14,000 people signing a petition urging the governor to act. People are paying attention to this inescapable crisis and the number of concerned citizens continues to grow. 

Without abandoning its pursuit of state funding, the Board of Supervisors is also focusing its efforts on placing a sales tax, parcel tax or marijuana tax on the November ballot. Our deliberations are informed by 10 surveys conducted by diverse pollsters from February through July, which showed the electorate consistently and emphatically views homelessness as a top concern, second only to jobs and the economy. The polls also indicated an unprecedented willingness by likely voters to tax themselves to finance solutions to the crisis. The question is: What kind of tax would work best to fund the County’s response to the homeless crisis? There are three proposals to be considered on Tuesday, July 12. They are as follows: 

General Sales Tax--The sales tax proposed to the Board is equivalent to one-fourth of a cent, which would raise about $355 million a year. For the average taxpayer, that amounts to about $1 a month, according to the Los Angeles Economic Development Corporation. A County-commissioned survey in April showed 68 percent of likely voters already in favor of a half-penny sales tax dedicated to homelessness — double what the Board is considering. These and other data make it clear that the people of LA County want something done and they are ready, willing and able to pay for it. 

Parcel Tax--Another proposal for the Board’s consideration is a parcel tax that is projected to generate $185 million a year. At 3 cents per square foot, a property owner would pay about $45 annually for a 1,500 square foot parcel. At this rate, the parcel tax would generate less than half of what is required to address the homeless crisis with sufficient resources. 

Marijuana Tax--This proposal may be a promising new source of revenue for the County, but at present, it is unclear how much revenue it would generate and when the County would start seeing returns on the upfront administrative costs. Although using marijuana for medical purposes is permitted under state law, recreational use remains illegal, although voters could change that in November. Even if California legalizes recreational marijuana use, federal law makes regulation and taxation a bit murky at this point. Further, public health and public safety officials, environmentalists and land use experts have all expressed concerns about the potential impact of legalization, and the overconcentration of dispensaries in some areas of the County. 

While each funding option merits consideration and they all generally fared well in the polling, I believe a general sales tax levy provides the best opportunity to secure most of the funds needed on a yearly basis to effectively deal with this crisis. No other option comes close to generating as much revenue as the sales tax. A projected annual yield of $355 million is nearly 80 percent of the total funds needed to put us on a path to ending homelessness, and sales tax revenues are more predictable than the other options. 

It is unconscionable that Los Angeles County — one of the largest economies in the world — has nearly 47,000 human beings living on the streets. We can and must take action to provide decent housing and restore dignity to those forced to live in such unsafe and deplorable conditions, no matter how daunting the task. It is time to put a viable measure on the November ballot and let the voters demonstrate that they are serious about addressing this worsening tragedy.

 

(Supervisor Mark Ridley-Thomas represents the 2nd District for the County of Los Angeles.) Prepped for CityWatch by Linda Abrams.

Englander’s ‘Toxic’ Body Camera Deal a Slap in the Face of LA’s Rank-and-File- Cops

POLICE POLITICS--Mayor Garcetti should rip up the $69 million, conflict-of-interest-tainted, police body camera purchase order recently slapped on his desk by Mitchell Englander (photo above) … the soon-to-be-termed out City Councilmember and recently defeated County Supervisor candidate … whose tireless efforts at ramming the toxic body camera procurement through the Council finally succeeded a few weeks ago. 

Read more …

DWP Reform Ballot Measure: What’s in it and Why You Should Care

GET EDUCATED NOW-On the November 8 ballot, City of Los Angeles voters will be asked to approve Charter changes to improve governance of the Department of Water and Power. At least that’s the theory. The measure contains some new contracting freedom, gives the DWP Board its own staff, and doubles the minimum budget for the Ratepayer Advocate’s Office of Public Accountability. It also opens the possibility that some or all of the city’s Civil Service standards may be modified through a binding labor agreement, provided that merit-based hiring, retention and discharge (not promotion) are retained. These changes are significant. They deserve a YES vote. 

The reality is that the ballot measure does not really free DWP from the political meddling of elected officials. It includes a new “strategic planning” process. This process will give the City Council an oversight role for LADWP investments and rates that it does not have today. Strategic planning is good. Strategic planning for a utility by elected officials who are strongly influenced by election cycles and special interests is not in keeping with the concept of reduced political interference. 

What DWP really needs to resolve its hiring crisis is more positions that are exempt from Civil Service rules. The County of Los Angeles has 10 percent. DWP has 18 positions out of 8,000. Exemptions didn’t make it to the ballot. As a result, DWP is totally dependent on labor negotiations with its dominant union for a solution to its hiring crisis. That is going to be expensive. 

Furthermore, the City Council apparently has no intention of allowing the DWP Board to make the decisions on changes to Civil Service at DWP. The ballot measure requires that any changes made through a valid labor agreement must be approved by the “salary setting authority”. That authority is the City Council. Note that none of the remaining 23 recommendations for DWP Reform include making the DWP Board the salary setting authority for DWP. 

Shortening the terms of DWP Commissioners from five years to four means that all members can be replaced by every Mayor, even with staggered terms. This partially offsets the new ability of commissioners to appeal their dismissal to the City Council. Expansion of the Board to seven members and some decorative skill “requirements” will have little effect on the powers of the Board. The only areas in which elected officials have given the Board additional powers are contracting and setting the salary of the General Manager. Four recommendations (20, 21, 22 and 23) are classic political meddling. 

Inserting into the Charter a requirement that DWP implement monthly billing by January 1, 2020, raises the specter of a three-year (2017, 2018, 2019) forced march to a major billing system software change that can’t be halted if it is not ready. Did we learn anything from the last billing system fiasco?

The following list is a summary of the 24 DWP Reform recommendations from the Rules, Elections, Intergovernmental Relations and Neighborhoods committee (REIRN, or just “Rules”). It breaks them down into categories by the type of action and the timing. 

Ballot Measure, November 8 

—- 01 –Charter Changes - Board GM DWPAO OPA Strategic Plan Personnel Billing.

 

Ordinances, IF Ballot Measure passes 

—- 02 –Board - Stipend of $2000 per month proposed.
—- 03 –Board - Transition schedule and staggered terms.
—- 14 –Contracts - Eliminate council approval of power contracts and design-build contracts.
—- 16 –Oversight - Four-year investment and revenue Strategic Plans and approvals.

 

Other actions, IF Ballot Measure passes 

—- 07 –OPA_RPA - (Request) Hiring plan with additional exempt positions.

 

Ordinances, NOW 

—- 04 –Gen Manager - Board sets compensation annually with approval of EERC.
—- 05 –OPA_RPA - Appropriate and necessary access to DWP documents.
—- 11 –Contracts - GM authority to $5 mil without Board OK Board up to ($15 mil?) without Sec 245.
—- 12 –Contracts - Quarterly and annual contracting reports including outsourcing.
—- 13 –Contracts - Board approves contracts up to 5 years (some 10) without Council OK.
—- 15 –Contracts - DWP may use RFPs and competitive negotiation for special equip.

 

Other actions, NOW 

—- 09 –Personnel - By Aug 1: a Plan to address DWP hiring needs in existing system.
—- 10 –Personnel - DWP labor negotiations to expedite existing hiring and promotions.
—- 17 –Independence - Ask Mayor to exempt DWP from sweeping oversight of ED4.
—- 18 –Independence - CAO: Options for DWP Board to do own collective bargaining.
—- 19 –Power Transfer - Litigation update with options to modify transfer or resolve the case.
—- 24 –Attorney - Authorize technical or legal changes w advice of CAO, CLA, CC Pres.

 

Reports for POSSIBLE ordinances 

—- 06 –OPA_RPA - Potential changes to [Charter!] role by ordinance.

—- 08 –Attorney -“Strengthen Board oversight of litigation” without an outside counsel.
—- 20 –Water System - Report: Options for integrated water group (BurSan merger).
—- 21 –Discounts - Report: How to give discounts to Rec & Parks, non-profits, seniors.
—- 22 –Green Power - Report: Options to assure access to green power by low income.
—- 23 –Low Income - Report: Creating an executive level low income advocate at DWP.

 

For full details on these 23 additional proposals, go to http://dwpreform.lacity.org, click on “Information for Neighborhood Councils”, and look at the related document “REIRN Committee Recommendations on DWP Governance Reform.” The charter changes (the ballot measure) are contained in recommendation number 1. They became new CF 16-1800

Each of the recommendations 2 through 24 is still open for Neighborhood Council input. Community Impact Statements can be filed on the original motion (CF 16-0093). Make sure to send a copy of any Neighborhood Council or individual recommendation on DWP Reform to Council President Herb Wesson’s Assistant Chief Deputy Andrew Westall ([email protected]). 

Please send your questions and comments on DWP Reform to [email protected]. DWP Reform information will be posted regularly at http://empowerla.org/dwpmou. There is additional information at http://dwpreform.lacity.org.

 

(Tony Wilkinson is the Chair of the Neighborhood Council – DWP MOU Oversight Committee. He will be contributing information on the DWP Reform process to the EmpowerLA newsletter each week.) Prepped by Linda Abrams.

Crunch Time: Down to the Wire: On the Krekorian Recall Petition

THIS IS WHAT I KNOW-Since the petition to recall Councilmember Krekorian was approved on March 29, the activists at Save Valley Village have been hard at work collecting enough signatures prior to the upcoming July 26 deadline. If the petition gathers enough signatures, the recall vote would trigger a special election. 

I sat down with a member of Save Valley Village for an update on the fast approaching deadline. Where does the group stand on the petition effort and what is the pulse in the neighborhood? 

“A day does not go by where we do not receive at least one e-mail from a constituent eager to sign. Everyone has a personal experience of being ignored by the council office, frustrated by over-development, and vanishing character and culture,” shared the spokesperson for the group. “People are still reaching out to us wanting to do what they can to remove Krekorian from office.” 

The petition, she says, has appealed to an “extraordinary cross-section of voters, wealthy homeowners, elderly pensioners, professional people, blue collar workers, immigrants, homemakers, artists, small business owners, renters, students -– residents of every imaginable cultural and religious background, across the socioeconomic spectrum.” 

However, she adds, “A number of people were afraid to sign the petition for fear of retaliation. Council members are not permitted to view the signature sheets, yet people feared they would be singled out. They feared the possibility that getting their request fulfilled in the future would somehow be compromised – as if those requests are getting fulfilled now. This is indicative of the lack of confidence in the integrity of our city systems.” 

“A woman was promised a stop sign by Krekorian who was running for office in his first election – in 2009. She would rather continue waiting for a response from his office, over seven years later, than sign a piece of paper that would help get her the appropriate person elected to get her stop sign and be done.” 

The petition movement has brought together many people, affording the grassroots group the opportunity to further grow its database of residents committed to preserving the character and culture of the community. 

With about two weeks to go, petitions are still circulating throughout the neighborhoods. The group had hoped to get the signatures in prior to the July 26 deadline to leave room for collecting additional signatures as needed. 

As indicated by the graphics below, the response has been mixed between those who “didn’t have time,” “needed more information,” and signed, as well as a handful who weren’t sure who Krekorian was. A second survey noted over 52% percent of those asked had signed.

 

 

No matter the outcome, the Save Valley Village spokesperson notes, “There is nothing in the Election Code preventing voters from filing another Petition to Recall. We have learned a great deal from the process and have a good handle on the Pulse of Council District 2 – which is more than we can say for our Council Office.”

 

(Beth Cone Kramer is a Los Angeles writer and a columnist for CityWatch.) Edited for CityWatch by Linda Abrams.

California’s Dangerous Potential New Death Penalty Initiative

DECISION TIME--Thirty-one years ago, Kevin Cooper was sentenced to death by a California court for the brutal murder of four people in a ranch house in Chino Hills, a middle-class suburb of Los Angeles.

The bodies of Douglas and Peggy Ryen, their 10-year-old daughter Jessica, and a family friend, 11-year-old Chris Hughes, were all found stabbed to death. Josh Ryen, the couple’s eight-year-old son, managed to survive the attack.

From the start, Cooper’s case has been besieged with controversy: Cooper has steadfastly maintained his innocence; the San Bernardino County Sheriff’s Department destroyed and concealed important evidence; and the case was the first to make use of then-new DNA testing. One 9th Circuit Judge went so far as to write that Cooper “is either guilty as sin or he was framed by the police.” In a scene seemingly taken straight from The Making of a Murderer, there are allegations that the police planted physical evidence implicating Cooper and concealed statements from eyewitnesses who claimed to have seen three white men leaving the crime scene on the night of the murders. 

While no definitive evidence has been found to confirm Cooper’s guilt, he remains on death row. That’s because the Antiterrorism and Effective Death Penalty Act of 1996 constrains his ability to present new evidence. The AEDPA, passed during Bill Clinton’s administration, was one of a number of laws and regulations designed to prevent what were seen as an unending string of appeals afforded to those facing execution, particularly those who were claiming innocence as a result of newly discovered evidence.

But even judges involved in Cooper’s case have expressed doubt as to his guilt: One judge on the 9th Circuit called the ruling “wholly discomforting.” In 2009, the 9th Circuit denied en banc review of Cooper’s case, and the powerful dissent, joined by four other judges, begins: “The State of California may be about to execute an innocent man.”

Cooper is one of 747 people on California’s death row, and one of the 16 who have now exhausted all of his appeals. He faces execution if the backers of the (confusingly named) new pro-death penalty initiative, California Death Penalty Reform and Savings Act of 2016, have anything to do with it.

Amid declining support for the death penalty across the nation — 19 states have eliminated it entirely, and 2015 saw a record low in the number of death sentences and executions doled out — there’s been a joint endorsement by the California District Attorneys Association, law enforcement, and a majority of prosecutors across the state to enact the CDPRSA. They argue it will fix the death penalty.

That’s a potentially major shift in a state where more people on death row die from suicide than have been executed, and where more inmates have died of natural causes (60) than have been executed (13) since 1978. (Visiting San Quentin’s death row in 2015, the Los Angeles Times described a harrowing scene of wheelchairs lining the hallways.) Meanwhile, death row has cost California taxpayers $4 billion since it was reinstated in 1978. A Los Angeles Times story describes at least 20 death row inmates who are likely “permanently incompetent” — deemed to be unqualified for execution because of mental illness.

While the CDPRSA is being hailed by some as a panacea to prison bloat, there’s simply no research to support the notion that speeding up executions will save money—money that could be better used to solve cold cases or fund public defenders.

The death penalty in California has been headed toward extinction for a long time. Reinstated in 1978, death sentences, while technically legal, have been trapped in a morass of case law, further exacerbated by the unavailability of the execution drugs and the desperate attempts by the California Department of Corrections and Rehabilitation to write a new lethal injection protocol that survived the challenges of advocacy groups. As a result, no one has been executed in California since 2006.

With the exception of a few outlier counties, death sentences have gone down across the United States. Last year saw the lowest number of death sentences and executions in the last two decades. According to the Death Penalty Information Center, there were 49 death sentences issued in the U.S. in 2015, 14 of which were in California, more than any other state. (Texas, long a staple of the “death belt,” had only two.) These 14 death sentences were not evenly distributed throughout the state — Riverside County alone had eight.

There’s simply no research to support the notion that speeding up executions will save money.

Though California hasn’t executed anyone in a decade, certain counties in California continue to sentence people to execution at disproportionately high rates. As legal expert and senior researcher at the Charles Hamilton Houston Institute for Race and Justice’s Rob Smith explains, these outlier counties account for almost all of the death sentences in the U.S. It so happens that five of these counties are in California — Los Angeles, Riverside, San Bernardino, Orange, and Kern.

Kern, Orange, and San Bernardino counties have produced more death sentences than the three most death-loving Texas counties, despite having fewer people. Riverside County, which is home to just 6 percent of California’s population, has produced over 50 percent of last year’s death sentences, more than Los Angeles County, which has over three times as many people. Most experts argue that these death sentences are the result of overzealous prosecutions, not increased crime.

So, is the CDPRSA a ploy to cement Southern California as the new death belt?

The immediate risk posed by the CDPRSA is that innocent people will be executed. Three men have been exonerated from California’s death row since its reinstatement. And while the district attorney of San Bernardino, Michael Ramos (who is sponsoring the initiative and is running to replace Kamala Harris as attorney general of California), told me that “California has never executed an innocent person,” those who know the Tommy Thompson case might disagree. Thompson, who was convicted in 1984 in Orange County largely on the basis of snitch testimony, went to the execution chamber with many people still asserting his innocence. And, despite evidence to the contrary, Ramos remains similarly convinced of Cooper’s guilt.

Supporters of the CDPRSA argue it will save money and help victims — namely, by double-celling death row inmates and saving on their health care and other housing expenditures. But there’s little evidence to support this argument. In fact, there’s reason to think the initiative will cost more money than is currently being spent on death row, because it moves death cases to the front of the docket, pushing out other cases and jamming courts.

Further, the $4 billion that has been spent on death row has come at the cost of other public-safety provisions, particularly in the counties that seem to favor executions the most. In 2010, the California Supreme Court held that at least 18 cases in Riverside against people accused of felonies and serious misdemeanors were dismissed because of the “fault or neglect” of the county government; the new death penalty initiative would seem to further strain a system that has already proven insufficient.

There is also little to no reason to think that victims’ families benefit from a death sentence. Take the case of Scott Dekraai in Orange County — if the prosecutors there gave up the death penalty, the case would be over because no one questions Dekraai’s guilt. Instead, the Orange County district attorney’s pursuit of a death sentence, in light of substantial police and prosecutorial misconduct, just means the case will be stalled for decades. “Stop the madness. Take the death penalty off the table and end all the appeals, all the court appearances,” a victim’s sister said in the local press.

Rather than creating justice, speeding up the death penalty increases the risk of a dreadful mistake, all to satisfy a handful of prosecutors who should be focused on following the law, not making it. Courts will be blocked up and costs will increase. And while the Supreme Court decided not to take up the issue of whether the death penalty itself violates the 8th Amendment, Justice Stephen Breyer has given hints that he is watching the issue closely.

California’s showdown on whether the death penalty should be resuscitated will indeed be an interesting battleground to watch.

(Jessica Pishko writes for excellent Pacific Standard Magazine  … where this piece originated.)

-cw

 

What’s Wrong with LA? How about City Council Vote Trading?  

THE CITY-The illustrious attorney Mickey Kantor of the mega law firm Mayer Brown formed a fancy-smancy committee of poobahs back in 2013 to figure out what was wrong with the City of Los Angeles. Contrary to the proclamations of our new mayor that he had revitalized everything, this gaggle of self-appointed VIPs discovered that the City was going to rack and ruin. It wrote: 

“Los Angeles is barely treading water while the rest of the world is moving forward. We risk falling further behind in adapting to the realities of the 21st century and becoming a City in decline.” 

When time rolled around to fix the problem, the 2020 Commission became the Zero Zero Commission. It had nothing. 

Now, we read about all sorts of solutions in the LA Times, LA Weekly and CityWatch. Borrow $1.2 billion to build homes for the people we just made homeless by tearing down their homes. Or, better yet, how about a $120 billion tax increase for more subways, when, with each billion dollars we spend on transit, a smaller percent of the public actually uses mass transit? 

The cause of the City’s ruin can be viewed three times a week on TV. All we have to do is tune to the City Council’s live feed or to Channel 35 and we can watch criminality in action. Mickey Kantor is right: the City of Los Angeles is in decline, but there was no reason for him to keep the origin of our municipal woes a secret. His commission just lacked the guts to admit the truth. The Los Angeles City Council operates under an unlawful vote trading pact which Penal Code 86 criminalized a decade ago in 2006. 

The vote trading pact is the old “I’ll scratch your back, if you scratch my back” trade-off. No councilmember will vote “No” on any project in another councilmember’s district. In return, no councilmember will vote “No” on any project in his or her district. As a result, any project which a councilmember places on the City Council agenda unanimously passes. They’ve got a 99.9% unanimous passage rate. 

This is not passage by a mere majority vote – this unlawful “voting pact” requires that every single councilmember who is present must vote “Yes” every single time. It does not matter how many laws a project may break -- it gets unanimous approval. It does not matter how many millions of dollars in gifts the developer gets -- there is unanimous approval. It does not matter if the city treasury cannot pay for roads or sidewalks because the developers are draining the coffers. Each project gets unanimous approval. The overriding concern of the City Council is that each and every council member has every one of these special deals with his special friends unanimously approved. 

Of course, almost nothing works in the city, and naturally we have too little money for pension funds, streets or paramedics. Yet, the councilmembers always get unanimous approval for whatever gifts they want for their special friends – no questions asked. Literally, no councilmember ever asks another council member if giving millions of dollars to CIM Group for 5929 Sunset is a wise idea. 

The City’s rotten core, its criminal vote trading system, continues on many fronts: 

  •  If a councilmember’s buddy wants to construct twin skyscrapers straddling an earthquake fault line, he’s got it – unanimously. 
  •  If a councilmember’s buddy wants $14 or $20 million for his Hollywood high rise which the courts closed down for being illegally constructed, he’s got it – unanimously. 
  • If Councilmember Krekorioan’s buddy wants to tear down Marilyn Monroe’s historic home in Valley Village three days before the Cultural Heritage Commission meets, he’s got it – unanimously. 
  • If Councilmember Mitch O’Farrell wants to continue evicting the elderly, disabled and the poor from their rent-controlled apartments so his buddies can continue to create more high-end, luxury boutiques for the rich and famous, he’s got it – unanimously. 
  • If Councilmember Wesson wants all the sales tax revenue at the CIM Midtown Project to go to CIM Group and not to the City, he’s got – unanimously. 
  • If a councilmember wants the millions of dollars of hotel taxes from its Grand Hotel to go to his buddy, aka Korean Airlines, he’s got it – unanimously. 

It does not matter what project a councilmember wants or how much the project will drain the city treasury, the councilmember gets it – unanimously. 

Let’s go back to Mickey Kantor and his report from 2013. It continued: 

“As a consequence, Los Angeles is sinking into a future in which it no longer can provide the public services to which our people’s taxes entitle them and where the promises made to public employees about a decent and secure retirement simply cannot be kept. City revenues are in long-term stagnation and expenses are climbing.” 

What is the City’s response when someone complains about the criminal vote trading agreement? The City claims that it is above the law. The City says that it is none of the courts’ business how the City conducts its internal affairs. It claims that it does not have to follow Penal Code § 86 because the Mental Processes of the councilmembers are confidential and privileged. 

The City’s claim is far more than councilmembers’ asserting the Fifth Amendment. It claims that no one may present any evidence in court from which a jury could infer that a councilmember had a criminal state of mind. King Louis XIV of France made the same assertion when he claimed, “L'etat c'est moi'” (I am the state). 

In line with its grandiose belief, the City claims that the State of California has no power to enforce its laws setting the limits on how cities may govern themselves. The State can pass all the laws it wants, but the City denies that the courts have the right to adjudicate whether the City is following the law. 

The City claims that it is solely a matter of politics, and courts may not hear cases that involve politics. The fancy word for this weird idea is “justiciable.” The City asserts that the question of whether or not city councilmembers engage in criminal vote trading is a non-justiciable issue. It is not the court's role “to dictate the manner in which councilmembers choose to vote.” The City asserts that the courts are impotent in the face of this massive, decade’s long criminal vote trading agreement that has brought disaster upon the City.

So now, you know why the 2020 Commission turned tail and ran away. The City insists that the only law it has to follow is the law it wants to follow. In fact, the City claims that it does not even have to follow its own rules and procedures. Why? Because the courts may not second guess what the city actually does. 

So we Angelenos can forget about exalted commissions. We can forget about the Neighborhood Councils or submitting our comments to challenge construction projects. We can forget about the Neighborhood Integrity Initiative. We can forget about everything because the fix is in. 

The role given to us Angelenos is simple – approve hundreds of billions of dollars of bonds, rate hikes, and tax increases so that each city councilmember has an endless supply of money to dole out to his friends.

 

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

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