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Thu, Dec

The Race is On: A Critical Vote on ‘Development’ In LA Nears Finish Line

DEEGAN ON LA-Which hangover are you trying to shake: the overindulgence of New Year’s Eve or the game changer National Election in November? Want a triple-header head-splitter? In just three weeks you can start voting by mail for or against the momentous issue of “uncontrolled” development, whether or not you like the Mayor, and the chance to sweep some political newcomers into City Council offices. Unfortunately, turnout cannot be expected to be as high as the stakes. Voter fatigue has lots to do with that. 

The centerpiece of the balloting will be Measure S, aka the Neighborhood Integrity Initiative, that would enact a moratorium on “spot zoning” variances as one of its main provisions, if enough voters say “yes.” 

Voter turnout is one of the two pressures that will be driving the outcome of the election. The other is the opportunity to Vote by Mail that starts on February 6. Up to one-third of the city’s voters take advantage of early voting, so it’s urgent that candidates get their message out hard and fast, now, to win over the minds of these leading edge voters. These days, voters make up their minds and cast their ballots up to thirty days ahead of the actual election. How candidates and supporters react to both of influential factors could provide them with an advantage. 

Primary elections historically attract a very low turnout. On the heels of our intense recent election, who really has the interest or stamina for this primary? This is a situation that will benefit aggressive campaigners for the odd-numbered council district seats that are up for grabs. The number of “yes” votes needed to elect someone, or to pass or defeat Measure S, may be exceptionally low, thanks to the shrunken base of who actually votes compared to the number of all registered voters. 

The winning ground game could be twofold: 

  • Knowing how voters feel about Measure S, the Neighborhood Integrity Initiative, and aligning campaign pledges and promises to meet those pro or con expectations. There are massive campaigns running both for and against the measure. Development is the hottest issue on the March ballot. 
  • Capitalizing on early Vote-By-Mail (VBM) that starts on February 6. The traditional get out the vote (GOTV) models cannot be counted on in our new post-truth world, where emotion overrules fact and news can be fake; mailboxes stuffed with flyers can no longer be certain to work. Development partisans are so passionate and emotional on both sides of the issue that getting them to vote early by mail could jump start a campaign. 

Some say that there are a lot of good things about Measure S, like the expedited timelines for upgrading community and general plans, and the requirement that the city, not the developers, be the client for EIR’s. In addition, the measure calls for the elimination of spot zoning and a “moratorium” for up to two years on construction that increases development density and it prohibits project-specific amendments to the city's General Plan, thereby restricting the size and number of development projects. 

Opponents of Measure S, led by the voice of labor leader Rusty Hicks, say, In November, an overwhelming majority of Angeleno voters passed Prop. JJJ to create affordable housing and good jobs for LA's middle class. Just four months later, LA's working families are facing an unprecedented rollback on progress. Trump and his supporters are trying to dismantle the progress we’ve made, from healthcare to the EPA. Trump’s vision of America doesn’t stand a chance in LA. Don’t let them roll back our progress. Measure S, which will be on the March ballot, is the height of selfishness. A cynical ploy to stop virtually all housing construction in LA, including housing for the homeless.” Hicks adds that the measure is a “pile of S.” 

The LA City Council races (for odd-numbered districts) have some young political newcomers with decades of potential public service ahead of them. They’re worth listening to by anyone who cares how the next generation will grapple with the legacy their predecessors leave behind. Right now, it’s not an enviable dowry, with budget and pension problems, rampant development, and increasing allegations of corruption and back-room dealing at City Hall. A credible showing at the polls by any of them will help put politicos on notice that times are changing. 

But first, everyone must vote, and that’s the bigger challenge right now -- activating voters. The clock is ticking: vote by mail starts February 6, and could be the wild card. About one-quarter to one-third of voters now vote early, so making the sale immediately has more importance than ever.

 

(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.

Party Houses: The End Is Near

NEIGHBORHOOD POLITICS--Neighbors had been complaining for years.  “My dog kept picking up the chicken bones their customers threw on our lawns.”  “They would start at 1 pm and keep going till 1 am.”   The 2918 S. Rimpau residence responsible for the community distress was owned by Vincent Bowens and called Dilly’s Kitchen (photo below left). He served Jamaican food which won great online reviews and had a strong following that grew as hipsters discovered it.  Dilly’s was even registered with the city.  Only one problem.  It was a commercial enterprise in a residential zone.   It was illegal.  Bowens who had a large kitchen facility in his backyard, claimed he only ran a catering business but the customers coming and going all day and the online reviews spoke differently.  

Then it happened. In the early hours of a recent Saturday morning there was a shoot out that left 4 people dead and 12 injured.   One of the men killed, Robert Davis, also known as Rodigan, was a reputed Jamaican gang leader from Kingston.  Two Jamaican men Mowayne McKay, 33 and Diego Reid 25 were booked shortly after and released when prosecutors realized they needed more evidence to file charges.  Their attention soon turned to a Jamaican national named Marlon Jones who was immediately put on the FBI's Most Wanted list, the 510th person since the list's creation in 1950.  On Dec. 3rd it was reported that they had taken a man into custody believed to be the suspect.  

Prior repeated complaints to the police and Building and Safety about the nuisance yielded no results for the neighbors.  It took these murders to finally shut down Dilly's.  Mr. Bowens is headed back to Jamaica.  

In another part of mid-city, several neighbors express distress over another weekly party house with its loud discussions that turn into loud arguments as the booze flows and the evening wears on.  Because it isn’t illegal to have a party it is very difficult to prove that money is exchanging hands for either entry, liquor, food or all of the above. Vice needs to be called in, and undercover detectives have to get involved.   

But there may be relief for neighbors who have to endure these noisy, relentless, and disrespectful to the community, illegal party houses.  Apparently it has been a huge problem in Councilmember Ryu’s District 4 which includes part of the Hollywood Hills where houses are sometimes bought for the express purpose of being rented out for parties.  So early in November Councilmember Ryu introduced legislation which was passed unanimously by City Council. It instructed the City Attorney, in consultation with the Los Angeles Police Department  to draft an ordinance regulating  party houses.   

From Ryu’s Motion 

“Unfortunately, our current enforcement tools (LAMC 41.57, 41.58, 12.27.1, 112.01(b), and 116.01) are not strong enough. Enforcement by LAPD of the City’s noise ordinance does not provide the police enough tools to discourage the next offense. Additional tools in our building codes are almost impossible to enforce as there is little to no building inspector availability on a Friday or Saturday night when most parties occur. Over the years, the City has attempted to grapple with this problem. Motions have been introduced (CFs 02-2476, 06-1231,07-0184, 12-1824) on multiple occasions over the past fifteen years to deal with this problem, to no avail.” 

His ordinance instructs the City Attorney to draft a motion that will return to City Hall for approval. It includes the following:  

- Adds additional activities typically found at an unruly party as a ‘nuisance per se’ that LAPD can identify as being associated with a “Party House”; 

- Provides for escalating fines for successive violations to both the party host and, crucially, the property owner; 

- Requires posting a public notice of violation on the property, that will serve to notify the neighborhood that the property is under a violation period of a set number of days where addition unruly parties will lead to higher fines or even criminal charges for excessive numbers of violations; 

- Includes liens on properties for property owners who fail to pay fines; 

- Includes additional fines for commercial events or parties held at a residential unit; 

- Includes a prohibition on any home-sharing or short-term rental activity during a posted notice of violation period. 

Looks like the party's over. 

 

(Dianne V. Lawrence is editor/publisher of The Neighborhood News, a community magazine in Mid-City and is Editor-at-Large for CityWatch Neighborhood Politics.)

LA City Council Gets Last Shot at Fixing Mansionization, Saving Your Neighborhood … Wednesday is ‘D’ Day

AMENDMENTS WILL REDUCE HOME SIZE LIMITS--Despite citywide ordinances to stop mansionization, Angelenos from Venice to Boyle Heights have seen their neighborhoods blighted by spec-built McMansions that loom over their neighbors and violate the character of established neighborhoods. Remedies have been in the works for nearly three years, since Councilmember Paul Koretz initiated amendments to the ineffectual ordinances.

This coming Wednesday, January 18, the matter will finally enter the home stretch with a hearing by the City Council’s PLUM (Planning & Land Use Management) Committee. The amendments will reduce size limits for homes in single-family zones throughout the City of Los Angeles and provide the framework for a slew of related zoning measures.

What had been a routine, slow-moving process gained drama and speed last month. After a surprise vote by the PLUM Committee to weaken the amendments on November 29, Council President Wesson took things in hand. Barely a week later, the Council voted unanimously to reverse the PLUM decision.

Now the amendments are coming back to PLUM for what should be the last hearing before a full Council vote. Councilmember Koretz, who played a key role in getting the amendments back on track, is pressing for one more fix: to count front-facing attached garages as floor space.  

The treatment of attached garages figured prominently Koretz’s original Council Motion and has been a rallying cry among homeowners and residents since Day One. They contend that the exclusion of attached garages from floor space adds 400 square feet of bloat, eliminates the buffer a driveway provides, and rewards a design feature that disrupts the look and feel of many LA neighborhoods.

At the City Planning Commission hearing last July, Commission President David Ambroz underscored the logic of counting attached garages when he commented, “Square footage is square footage.”

In advance of the hearing on Wednesday, supporters of reform are expected to again take aim at this 400 square foot “freebie” with messages drawn from the campaign website.  They are also expected to turn out in force at the hearing.

Wednesday’s specially-scheduled PLUM session should be lively. The agenda also includes the hotly-contested development that Rick Caruso wants to build on La Cienega Boulevard, which would be much bigger than city code allows. As our elected officials grapple with the fallout from the “Sea Breeze” development scandal and brace for an initiative on the March ballot to stop spot zoning (Measure S), the votes taken on Wednesday will offer this year’s first glimpse of things to come.  

  • ACTION INFO (How you can help by calling or speaking)

Phone script

“The amendments to the citywide mansionization ordinances are finally is good shape, but one key issue still needs work: We must count attached garages as floor space.”

Here are phone numbers for the PLUM Committee members:

José Huizar (Committee chair) – 213-473-7014

Gil Cedillo – 213-473-7001

Mitchell Englander – 213-473-7012

Marqueece Harris-Dawson – 213-473-7008

Curren Price – 213-473-7009

Speaker’s notes

Last month the City Council reinstated sensible floor-area ratios for single-family homes, and the amendments to the citywide mansionization ordinances are finally in good shape.   But one core issue still needs work: We must count front-facing garages as floor space.

They disrupt the look and feel of neighborhoods, eliminate the buffer provided by a driveway, and add a whopping 400 square feet of bloat to a house.

Allow front-facing attached garages, but count every square inch as part of the floor space of the house.

Half-baked compromises ruined the mansionization ordinances the first time. We cannot make the same mistake again.  

(Shelley Wagers is a homeowner, community activist, an expert on Los Angeles’ mansionization crisis and an occasional contributor to CityWatch.

-cw

Memo to LAUSD Board Candidates: Give us Plans, Not Platitudes!

EDUCATION POLITICS--On March 7, 2017 we will have a primary election for three of the seven seats on the LAUSD Board. If no one candidate for a given seat receives a majority of votes in the primary, that will be followed on May 16 by a run-off in the general election.

In going over the new and incumbent candidates’ statements, one cannot help but be struck by the fact that none of these candidates has put forth a detailed, substantive platform to address LAUSD’s endemic problems that have been the cause of long-time failure, causing it to be on the verge of both financial and academic bankruptcy. 

The notion of "supporting a strong quality public education for all" is right up there with motherhood and apple pie, but none of the candidates -- be they new or incumbent – has addressed how to fix this school system in which students continue to be socially promoted without mastering prior grade-level standards. This has pretty much made it impossible to create a "strong quality public education." 

But how do you "strengthen core subjects and electives programs" in a district with a 50% chronic truancy rate? This fact is completely antithetical to the recent disingenuous assertion of LAUSD Superintendent Michelle King who touted a "100% graduation rate," a claim that has gone unchallenged by the present LAUSD Board of Directors and the mainstream media. 

It sounds nice to talk about increasing school electives, but the reality is that virtually all industrial arts programs have been closed down throughout the District. The classes could give students an employable skill or one with which they could earn enough money to pay for a post K-12 education. This has happened as both the LAUSD administration and the Board refuse to recognize that the total capacity of all colleges and universities in the United States is at only 30% of high school graduates. So what is everybody else supposed to do to stay out of jail? 

I wish one of these candidates would tell me how you "reduce class size, stabilize classrooms, support all staff and establish appropriate discipline strategies," when the LAUSD administration and the Board have spent their energy targeting senior teachers at the top of the salary scale using false charges in order to hire cheaper fresh-out-of-college "teachers" on emergency credentials. 

This has created a critical shortage of experienced teachers. Add to this the continued huge number of students moving from LAUSD to charter schools and you wind up with the remaining LAUSD classrooms filled with 40 or more students, creating over-crowding in a misguided attempt to stem the hemorrhaging of money. 

And of course, since LAUSD gets paid by Average Daily Attendance (ADA) -- measured exclusively by how many warm butts are in seats, rather than an objective measurement of academic achievement -- LAUSD allows chaos to reign in the classroom in order to receive more money from the state and federal governments. 

Administrators are loathe to suspend students ($$$) who are then left free to disrupt classes on a regular basis to the detriment of all other students and teachers; it’s nearly impossible to teach or learn in this administratively tolerated bedlam. Could that be why enrollment in teacher credentialing programs is down to an historic low? 

If any candidate for LAUSD Board is truly interested in positing a three-dimensional, detailed platform to address corporate and administrative corruption and to turn around what used to be a great school district, I would be happy to endorse them. Any takers? Look at it this way: given the extreme levels of student, parent, teacher, and voter apathy, it will not take a whole lot of votes to get you elected.

 

(Leonard Isenberg is a Los Angeles observer and a contributor to CityWatch. He was a second generation teacher at LAUSD and blogs at perdaily.com. Leonard can be reached at [email protected]) Edited for CityWatch by Linda Abrams.

LA’s Steven Mnuchin: Can this Would-be Treasury Secretary Stop the Looming Massive Federal Bailouts of Local Governments Like Ours?  

 

CORRUPTION WATCH-Poor Steven Mnuchin. People do not see the fiscal nightmare facing the Secretary of the Treasury designate, Los Angeles’ own Steven Mnuchin. The nation lived through the Crash of 2008 and well into 2009 with little Timmy Geithner. Now, in 2017, few people realize that the current upswing in the business cycle -- with the Dow-Jones approaching 20,000 -- signals an incipient financial crash. 

Poor Steven Mnuchin. Trump labors under the notion that the “latest, best and greatest” economic theory is Mercantilism, which is actually from 1550. He thinks forcing manufacturing to be done within the U.S. and raising tariffs will improve our economy. But Trump’s protectionist policies cannot cure unemployment. (General Theory, Ch 23 ¶ 3) And introducing inflation into the new car market will not help the middle or lower classes. To the extent that Trump increases the cost of new cars by insisting they be manufactured here, he will retard the car manufacturing economy. We assume that Mnuchin knows this and should know how to head off these problems caused by Mercantilism. 

Poor Steven Mnuchin. Due to the gross economic incompetence of the Obama Administration, he will have to re-wind history and first undertake measures that Obama-Geithner failed to take, such as: 

1) Replace Dodd-Frank with a beefed up reinstatement of the 1933 Glass-Steagall Act. “Beefed up” means closing the loopholes that the GOP courts had cut into Glass-Steagall.   

2) Outlaw Credit Default Swaps (CDSs) which are weapons of mass economic destruction. CDSs are criminal evasions of insurance laws. 

3) Insure all residential mortgages and require all LLCs and LLPs that own residential real estate to disclose their real party in interest. This form of mortgage insurance is based on the income of the actual human beings who are liable for the mortgages, and thus, their identities have to be known. The side benefit of such disclosure is that it kicks the money laundering of drug kingpins and foreign oligarchs out of the residential real estate market. The government has a duty to make certain that the value of residential real estate is based on its value as living space and not on other illicit motives. 

4) Reinstate the portions of the 1936 Commodities Exchange Act which limited the participation of Wall Street speculators like Mnuchin’s Goldman Sachs from the commodities market. The purpose of investment houses is to find investment capital for businesses and not to make money in commodities where it has no underlying stake in that commodity. 

5) Stop the Corruptionism in the housing industry which is leading to the Federalization of Local Debt

Los Angeles Corruptionism and the Federalization of Local Debt 

Poor Steven Mnuchin: While the Secretary designate no doubt knows about this looming disaster, no one in Congress has a clue. As a result, during his confirmation hearing set for Thursday January 19, 2017, he will not be grilled about this on-going problem which has led to horrendous inflation in the housing market. How can he ward off what no one else knows is coming? 

What Is the Federalization of Local Debt? 

Corrupt local governments like the LA City Council and our Mayor Eric Garcetti are seizing control of the “stimulus” mechanism of Keynesian economics. Allowing a local government to rack up so much debt that it can never pay its bills is like giving a nursery school toddler a bunch of matches and a can of gasoline, and then asking, “Gee what went wrong?” Yet, this is exactly what the Obama Administration has done nationwide. 

Unless the Trump Administration takes the matches and gasoline away from Eric Garcetti and the mayors of other major American cities, these cities will pile up so much debt trying to stimulate their local economies that the federal government will have no choice but to provide massive municipal bailouts. The Trump Administration will then lose control of the national economy. 

No Administration Can Allow Local Governments to Abuse the Keynesian Stimulus Protocol 

Poor Steven Mnuchin: His own home city of Los Angeles is intentionally running its debt up so high that it cannot possibly pay it, ensuring that the federal government will have no choice but to bail us out. The Villaraigosa and Garcetti Administrations have brought economic disaster on LA. Their plan to stimulate the local economy was and is based on a fool’s understanding of Keynesian stimulus, that just spending billions will do the trick. And the Garcetti Administration apparently believes it can escape bankruptcy because LA is “too big to fail.” 

How Corruptionism at LA City Hall Is Destroying Our Economy 

The City of Los Angeles has already destroyed the proper relationship between the marginal efficiency of capital (MEC) and interest rates for the housing market. Because the housing market is so large, its fall-out has harmed the entire LA economy, prompting the middle class to abandon the City. 

From a macro-economics point of view, the government, when making investments in private projects, has to assess factors that businessmen may ignore. When investing in a private project like Hollywood-Highland or the Grand Avenue Project, LA must take into account other costs which will be required of it if the Project is built -- basically the cost of additional infrastructure. Explicitly, a city needs to consider not only the interest it has to pay on loans to the Project but also the cost of infrastructure that will service the project in order to calculate the profit the City must receive from that project. (Since the City does not operate on a Cash Basis, it has to pay interest on all funds given or loaned to a private project.) 

For a city, the amount of its incremental tax revenue on a project is its profit. Thus, the City which invests in a real estate project like the CIM Midtown Project in City Council President Wesson’s CD 10 has to make sure the additional taxes flowing into the public treasury from the City’s investment will exceed not only the interest rate the City pays for money it borrows to “lend” to CIM Group, but that the project’s tax revenue will more than pay for all the necessary infrastructure upgrades including roads, water, power, police, fire and paramedics. (One also has to consider “retroactive gifts” where the City co-signs for a developer’s loan on which the developer will then default.) 

Unless a City can guarantee its investment in a project will generate more in taxes than the interest rate and more than the costs of infrastructure, the investment will have a negative Profit. (Donald Trump would certainly tweet out “Loser.”) Because of the vast corruption in the Los Angeles City Council, the city usually gives sales taxes and often gives the incremental property taxes to developers. When their LLCs or LLPs go bankrupt, the loans made by or guaranteed by the City are repaid to Wall Street from the City coffers. This is how Los Angeles is building its way into bankruptcy. 

How De Facto Negative Interest Rates in the Housing Market Harm the Entire Economy 

Projects with a de facto negative interest rate attract private investment capital to bad projects. This misdirection of private capital then harms the rest of the economy by depriving more productive ventures of the capital they need. 

Un-repaid Loans Increase the City’s Losses 

The harm of a de facto negative rate of interest is magnified when the City does not require repayment of the loaned funds. Such a situation is fraught with corruption as the developer will then be induced to “over pay” for product and pocket the difference between the “book price” it alleges it is paying for goods such as steel and the lower actual price. A lender that demands repayment will scrutinize suspect purchases, but when the City forgives loans or pays off Wall Street loans for a developer, no one asks any questions. 

One variant of this type of this skimming is developer’s purchasing lower quality steel for projects while the books show the purchase of a higher quality. When the steel is manufactured far away from the construction site, let’s say Chinese steel is purchased for high rises in earthquake prone downtown Los Angeles, there is no way to ensure quality control. 

As an aside, the Mercantilist contingent of the Trump Administration should be concerned when the Chinese government, acting through CORE, invests $200 million in the Grand Avenue Project; the City is obligated, behind the scenes, to purchase Chinese steel. As a result, American steel producers are closed out and the money ends up back in the pockets of the Chinese government. Economically speaking it is similar to Los Angeles’ building its new skyscrapers in Beijing. 

CRAs and EIFDs Guarantee the City will Slide to Bankruptcy 

When the City uses entities like the now-defunct Community Redevelopment Agency or a misleadingly named Enhanced Infrastructure Financing District (EIFD), all the profits (incremental taxes) go to them, reducing the City’s profit to zero. Zero rate of return for the City is a huge gift to the developer since the CRA or EIFD then give the City’s profit back to the developers. Even if a project is a terrible failure by traditional measures, it will pay some taxes (the city’s profit) but all that money comes back to the developers. 

Because even financially disastrous projects can make money for the developer, money flows towards these projects. It is similar to Wall Street executives’ manufacturing defective bundles of mortgages and then buying credit default swaps [CDSs] on them. Although the investment vehicle will crash, the executives will realize huge personal paydays. When they repeat this corrupt scam a sufficient number of times, the firms issuing the CDSs go bankrupt or the government pays trillions of dollars to bail them out. Likewise, a city that has CRAs or EIFDs and invests in foolish projects like Hollywood-Highland or Grand Avenue, will run out of cash to pay its debts. 

The Keynesian Duty to Protect the Price Structure or Why Los Angeles Has Run-away Inflation in its Housing Market 

Adam Smith, Friedrich Hayek and John Maynard Keynes accepted as axiomatic the need for the government to protect the Price System. In the housing market, the cost of homes has to represent their value as living space. Residences cannot continue to be vehicles for financial speculation and corruptionism, as has occurred in Los Angeles. 

After Governor Schwarzenegger vetoed AB 2531 in 2010, which was Garcetti’s attempt to bring Kelo eminent domain to the entire city of Los Angeles, and after Governor Brown staved off bankruptcy by abolishing the corrupt Community Redevelopment Agencies in 2012, the City of Los Angeles under the leadership of then-City Council President and now Mayor Eric Garcetti went hog wild into Spot Zoning. Despite the warning by Planning Director Gail Goldberg in 2006 not to let developers dictate the zoning they wanted for their projects, Garcetti’s policy has been to up-zone any property the developers want, subject apparently to a hefty contribution to his Mayor’s Fund. Developer Leung paid $60,000; developer Caruso paid $125,000.   

From the macro-economic perspective, the extortion-bribery aspect of the Los Angeles housing market fuels the destruction of the Price System for housing based upon the its value as living space. The value of housing now reflects its speculative value. By allowing any property to be up-zoned upon the payment of the appropriate sums of money to the mayor and city council, the middle class has been priced out of the single family housing market and they are moving away from Los Angeles. 

This irreversible brain drain of the Gen Xers and Family Millennials impacts all other segments of the Los Angeles economy. People “osmosisize” themselves away from areas of high cost and low opportunity toward areas of low cost and high opportunity. 

This dynamic explains why developers are lining up to build in Los Angeles, while the real demand for housing is declining. With a de facto negative rate of interest where developers make money even if a project is a financial failure, building mega office towers and hotels based on this type of corruption makes them fantastically wealthy. (The demand for housing for Los Angeles’ poor is up because Garcetti has been destroying rent-controlled properties in order to manufacture additional homelessness so the public will approve billion dollar bonds for his developer friends.) 

Poor Steven Mnuchin: The State of California and the City of Los Angeles have already reached the insolvency point. Last week Governor Brown announced a $1.6 billion deficit and the City of Los Angeles lacks the funds to pay all the judgments from its liability lawsuits. Within a short period of time, Mnuchin will be forced to bail out the City of Los Angeles. When Federalization of Local Debt rescues Los Angeles, how can the Trump Administration deny it to NYC, Chicago or Cincinnati?

 

(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.

The Slaves of La La Land—and South Los Angeles

LA … WHO ARE WE?--The brilliant new film musical La La Land is being celebrated as a love letter to Los Angeles. But the darker heart of the movie lies in a brief and devastating critique of Southern California, delivered by the jazz pianist played by Ryan Gosling.

“That’s LA,” he tells his lover, an aspiring actress played by Emma Stone. “They worship everything and they value nothing.”

There has been no better recent summary of the California struggle—with the very notable exception of the 2015 novel, The Sellout, whose author Paul Beatty recently became the first American to win the prestigious Man Booker Prize for Fiction.

La La Land and The Sellout seem very different. On the surface, the film, an Oscar favorite, might appear to be a glossy escapist romance about white artists who hang out in Griffith Park. The novel is a taboo-trashing racial satire about an African-American urban farmer of watermelons and artisanal weed who reintroduces segregation to his neglected South LA neighborhood, ostensibly in hopes of putting it on the map. (His real agenda is even more deliciously subversive).

But the film and the novel are two of the most thought-provoking and entertaining documents of today’s California. And both are about the same big problem: that for all our celebration of successful game changers in this state, we offer precious little space or support to those who dare to upset our blissful status quo.

The film and the book also make the same provocative argument about how to break through the Golden State’s stacked deck: Don’t be afraid to do things that are totally nuts.

To make an impact here, you must embrace, and express, your inner madman. Both works specifically champion a self-sacrificing craziness, a willingness to surrender yourself and the people you love to focus on making your mark. Here, hitsville and heartbreak are two sides of the same heavy coin.

La La Land makes a straightforward case for crazy. Gosling’s musician is the film’s romantic hero, because of his uncompromising commitment to restoring traditional jazz even though he can’t pay his bills because the rest of the world is abandoning the form. Stone’s frustrated actress only inches closer to the red carpet when she devotes herself, against conventional wisdom, to producing her one-woman play in a theater she can’t afford to rent.

And in the audition scene in which she finally breaks through, she embraces the virtues of craziness in song: “A bit of madness is key to give us new colors to see. Who knows where it will lead us?”

Both the film and the book wrestle with the conflict between loyalty to one’s dreams and selling out—and in the process point out just how hard it is here to tell the difference between the two.

Beatty’s novel similarly suggests that, to smash through the California looking-glass world, the sanest course may be to go right over the edge. The farmer refuses to accept the city of LA’s erasure of his minority neighborhood (it’s called Dickens, in one of Beatty’s winking allusions to artists who embraced thorny social themes). And so the farmer fights this fire of systemic discrimination by violating dozens of laws and cultural norms. Most outlandishly, he takes a slave, who helps him segregate the local school, hospital, bus line, and businesses to the advantage of racial minorities. (He puts up signs reading “Colored Only” and “No Whites Allowed” all over Dickens).

Beatty’s satire is so rich and layered—no one is left unskewered, from white supremacists to our first black president—that it’s futile to attempt to convey it in a short column. But I will mention two of the most provocative parts of the politically incorrect plot—how long it takes for anyone outside the community to notice the farmer’s segregation edicts, and how, through the farmer’s loopy and unconstitutional acts, seeds of tolerance and kindness (lower crime, higher test scores, more polite behavior) take root.

“The racism takes them back,” the farmer explains. “Makes them humble. Makes them realize how far we’ve come and, more important, how far we have to go.” And it is only through embracing racism that the farmer makes his impact—and a point. As a judge in the novel remarks, “In attempting to restore his community through reintroducing precepts, namely segregation and slavery, that, given his cultural history, have come to define his community despite the supposed unconstitutionality and nonexistence of these concepts, he’s pointed out a fundamental flaw in how we as Americans claim we see equality.”

The Sellout and La La Land keep the reader and viewer enjoyably engaged and off-guard because they leaven their tough messages with comedy (the movie takes on screenwriting and the Prius, while the novel imagines “the Untouchables” in its caste system as starting with Clipper fans and traffic cops). And both works, for all their high ambition, fall back on some wondrous magical realism as an escape hatch from the difficult tonal and political juggling acts they perform. The La La lovers literally float into the stars through the ceiling of the Griffith Park Observatory, while The Sellout Metro bus becomes a rolling party that ends with the vehicle being driven into the Malibu surf.

The Sellout feels especially current because it breaks political ground, even becoming the first artwork to satirize our state’s fastest-rising representative, Attorney General-turned U.S. Senator-turned-presidential wannabe Kamala Harris. Once the farmer is finally arrested, an unnamed black-and-Asian-American California attorney general shows up in Prada shoes to prosecute him for violations of major civil rights laws, the 13th and 14th amendments, and six of the Ten Commandments.

Both the film and the book wrestle with the conflict between loyalty to one’s dreams and selling out—and in the process point out just how hard it has become to tell the difference between the two. And both get at a painful paradox. We know we must hold onto real people and real things, to be truly human. But in LA, we learn we must loosen our grip on reality to get noticed, and get ahead. It’s not just lonely at the top; it’s lonely on the whole journey up the California mountain.

In this way, both masterpieces ultimately raise the question of whether making your mark here is worth the cost. It may be that the real winners in this California are those who don’t bother to play the game and navigate the hurdles to ambition—and instead plop themselves down in unfancy places where they can enjoy warm weather and their loved ones in blessed obscurity.

No character in the book or the movie is happier in Beatty’s satirized world than the farmer’s slave, an aging actor named Hominy from the 1950’s TV show Little Rascals who refuses all efforts to free him. Trying to be a star in LA is so confounding that he prefers the simplicity of servitude.

“I’m a slave. That’s who I am,” he insists to the farmer. “It’s the role I was born to play.”

After all, if you’re going to live in a place that values nothing, then why fight so hard to be something?

(Joe Mathews is Connecting California Columnist and Editor at Zócalo Public Square … where this column first appeared. Mathews is a Fellow at the Center for Social Cohesion at Arizona State University and co-author of California Crackup: How Reform Broke the Golden State and How We Can Fix It (UC Press, 2010).)

-cw

California Speaks: ‘Kill ‘em and Kill ‘em Faster … Why Prop 66 was a Mistake

CORRUPTION WATCH-Hamlet anguished over “To be or Not to Be,” but in November, 2016 Californians quickly answered the question of “To Kill or Not to Kill” with a rousing “Kill ‘Em.” Then Californians slapped on an addendum – “Kill ‘Em Faster.” 

Prop 66 also gives a lot of power to the trial court judge who has presided over a legal case to thwart an effective review of the conviction. Due to legal challenges, the California Supreme Court put Proposition 66 on hold and Chief Justice Tani Cantil-Sakauye and Justice Ming Chin had to recuse themselves from hearing the case since they are two of the defendants. The Los Angeles Times has discussed the procedural aspects of this case.

We Cannot Entrust Our Lives to the California Courts 

California’s judiciary is an ethical swamp. As briefly discussed in a prior CityWatch article, California’s court system is a disgrace to the notion of justice. 

People who are used to living within a polluted environment come to accept the status quo without question. In the 1950s many people inhaled the exhaust of buses, feeling good about the sign of progress, oblivious to the dangers of lead poisoning and other toxins. Many people fought against cleaning the air and still argue in favor of smog and against a clean environment. When assessing the State of California’s judicial ecology, take a look at the air quality in Beijing during one of China’s smog alerts. 

This China analogy provides a rough idea of the polluted nature of California’s judicial climate. In November 2016, Californians voted against cleaning their judicial system of one of its worse carcinogens by retaining the death penalty. Then they went a step further to ensure that innocent people are put to death. This language may sound strong to many, but they do not know the rot which has eaten away the moral fiber of our judicial system. 

Given the number of people nationwide on death row who have already been found innocent, California could have about 30 innocent people awaiting execution. Prop 66 would reduce the chance of ascertaining who is innocent before they are executed. Prop 66 gives new meaning to the phrase, “Speed Kills.” 

The Courts Have Brought Us Some of California’s Most Memorable Murders 

Fifty-four people died in the aftermath of the exoneration of the police officers in the Rodney King trial held in Simi Valley. Angelenos do not know, however, how the California State court maneuvered the acquittal of those police officers (two of whom were subsequently convicted of federal civil rights violations in the federal court room of Judge John G. Davies.) 

Back in 1992, the Law and Order judiciary feared that if the police officers involved in the 1991 beating of Rodney King were tried in the downtown criminal courts building, that a Los Angeles jury would convict them. The feeling was the same if the trial were to have been held at the Van Nuys Criminal Courthouse, which served the area where Rodney King was beaten. 

Thus, a bogus claim was made that the LAPD Officers could not get a fair trial and the case had to be moved. The California appellate court came up with two alternatives: Oakland which they knew would be labeled too expensive by the District Attorney’s Office, and Simi Valley, a nearby bedroom community for police officers. Gerrymandering the location of the trial made an acquittal a foregone conclusion and thus the court laid the ground work for the deaths of fifty-four innocent people. Had the California courts allowed the prosecutions to proceed in a fair manner, the State court outcome would most likely have mirrored the officers’ later convictions in federal court where two of the officers were found guilty and served prison time. 

The Rodney King case was not the first time the California judiciary has been implicated in outrageous injustices. Anyone who has spent time in courtrooms gains a sense of when something hinky is going on. The situation was worse with the LA criminal courts since many of the judges were former prosecutors who worked closely with the District Attorney’s Office to obtain convictions. 

In 1988, a furor arose over the Los Angeles DA’s use of jail house informants due to their persistent committing of perjury, later upheld in an appeal.  

For our purposes, the most significant fact is that many judges are former prosecutors. The judges knew that lying jailhouse informants were being used. Before they were judges, they had worked in the DA’s office where the use of lying jailhouse informants was routine. 

In the Mid-1990s We Were Explicitly Told that Innocent People Were Being Set up 

After pleading no contest to a perjury charge in 1996, Detective Mark Fuhrman of OJ Trial fame, asserted that “all true cops lie, cheat and set people up.” But no one wanted to hear the truth, especially from a disgraced cop whom they incorrectly blamed for the loss in the OJ trial. (Fuhrman’s perjury conviction was later expunged.) 

Before the end of the 1990s, we learned about the scandals at the Ramparts Division with the LAPD being placed on parole under the supervision of the United State Department of Justice, effective June 15, 2001. Once again, criminal court judges are very often former prosecutors who work very closely with the police. As we saw with the use of lying jail house informants, as former assistant district attorneys the judges had to be well aware of the illicit procedures by the district attorney and the police. The Rampart Scandal could not have existed without the support of the judges who allowed the unconstitutional abuses to grow to such proportions that the LAPD ended up having its own “Parole Officer” from 2001 until 2013. 

While the LAPD emerged from the Consent Decree in 2013 as a transformed institution, the public never learned about the role the judges played in the use of jail house informants and condoning the abuses which resulted in the Consent Decree. Since there is no accountability for miscreant judges, the misconduct continues. 

Prosecutors who use perjury did not die in the 1980s or in the 1990s or even in the 2000s. In January 2015, the 9th Circuit of local federal court complained about a prosecutor who took the witness stand and committed perjury. Even after his lying ways had been uncovered, the judiciary did nothing. Let’s be clear – not only did the prosecutor get an informant to testify, the prosecutor himself then took the stand to support the informant’s veracity. To aggravate matters, other courts had decided that the prosecutors had obtained the conviction in Baca's trial by the use of false evidence, but these other judges upheld the conviction. 

“The 9th Circuit (the federal court) keeps seeing this misconduct over and over again,” commented Gerald Uelmen of the Santa Clara University School of Law. Nor, has the judicial misconduct ceased. Currently, the FBI is investigating the Orange County Sheriff Department’s long-term misuse of jail house informants. On Thursday, December 15, 2016, the U.S. Department of Justice announced the FBI’s investigation of the Orange County Sheriff’s Department use of jail house informants. 

The investigation will focus on allegations that the OCDA and OCSD “systematically used jailhouse informants to elicit incriminating statements from specific inmates,” inmates who had been charged and were already represented by attorneys. The investigation will also examine if county prosecutors violated defendants’ rights to a fair trial by “failing to disclose promises of leniency that would have substantially undermined the credibility of the informants’ trial testimony.” 

Since a high percentage of judges come from the district attorney’s office, they are well aware of these unconstitutional practices. Without the cooperation and supervision of the judges, these decades of serious constitutional abuses would not exist. We have to remember that we are not talking about short cuts to “catch the bad guys,” but rather, are plagued with intentional schemes to convict the innocent. 

California’s Judges Preside over a System with an Epidemic of Misconduct 

The three federal judges in the Baca Case did not limit their criticism to objecting to this one prosecutor’s behavior in that case, but they went on to charge that the California judicial system has “an epidemic of misconduct” and they laid the blame at the feet of the California State court judges who turn a blind eye. 

These three federal judges’ observation on the lack of ethics in the California judiciary brings us full circle to Proposition 66. One thing which Proposition 66 does is return Habeas Corpus hearings to the original trial judge. Habeas Corpus is Latin for You May Have the Body. A person requests a court to free a person from jail, and if the court grants the request, it gives a Habeas Corpus order, which says, “You may have the body.” 

Proposition 66 wants this vital decision to be made by the judge who has the highest likelihood of helping to railroad an innocent person to the death chamber. Before Proposition 66, the Habeas Corpus hearings were held before other judges who had no vested interest in denying this particular request. The last person on earth who should preside over a Habeas Corpus hearing is the judge who just orchestrated the conviction. 

This aspect of Proposition 66 doubles down on the corrupt nature of the California judiciary, and it is not surprising that it contains this provision gutting Habeas Corpus hearings. 

Assuming California has the same percentage of innocent people sitting on death row as other states, then about 30 innocent people are likely to die if Proposition 66 is found constitutional. For judges, who have helped railroad innocent people by looking the other way at prosecutorial misconduct, anything that reduces the chances that their complicity in wrongful convictions can be revealed is a good thing. As the saying goes, “dead men tell no tales.” They see Proposition 66 as a way to prevent their epidemic of misconduct from being exposed. 

What Will Become of Proposition 66's Requirement that We Kill People Faster? 

Rejecting Proposition 66 will not rectify the decades of judicial misconduct in the California judiciary. Rejecting Proposition 66 will, however, temporarily slow down California’s slide into an ethical morass.

 

(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.

 

City Hall’s Magic Elixir: Ban Soft Corruption, Update Our Community Plans

PLATKIN ON PLANNING-We could surely address growing social and economic inequality in Los Angeles if each call to update the Community Plans was matched with a nice raise for all those who live and work in the City of Angels. 

But, please don’t hold your breath, because there are tremendous barriers to effectively updating the Community Plans. When the job is finally completed, the curses of time, a rudimentary planning process, and City Hall’s pay-to-play political culture will have rendered the final product useless. This hopeful City Hall magical elixir is just a will-o-the-wisp

Furthermore, there is every indication that if and when the Community Plans are eventually updated, the Updates will be used to placate developers, not a concerned public rooting for a well-planned city. And, if Measure S, the Neighborhood Integrity Initiative, wins on March 7, the timetable to update the Community Plans will dramatically speed-up. Like the botched and annulled Hollywood Plan, each future Update will be quickly appended with extensive up-zoning and up-planning ordinances to circumvent Measure S’s ban on spot-zoning and spot-planning. 

Private Greed, not Public Need 

As described in a recent Los Angeles Times editorial, City Hall’s slimy pay-to-play land use decision-making process has become “soft corruption.” But, this corruption is much more than a problem of public perception. It also means that land use decisions – especially for mega-projects – are disconnected from the legally mandated planning process. This is because LA’s money-infused pay-to-play culture annually spawns hundreds of parcel level zone-changes, height district changes, and General Plan amendments. Called spot-zoning, the result is that many Los Angeles neighborhoods are already dotted with parcels that exceed legally adopted zoning, height districts, and General Plan designations. 

Furthermore, if and when the City Council eventually adopts updated Community Plans, continued spot-zoning will render every Community Plan irrelevant. Each Plan’s land use maps and implementing zoning ordinances will become a shelf document because deep-pocketed developers will continue to overturn adopted plans and zoning at whim. When their bean counters tell them, for example, they can make considerably more money through a high-rise luxury apartment tower than a low-rise retail store, contributions will flow, followed by zoning applications and eventually by building permits. 

In this world unrestrained market forces, not official plans and zones, remain LA’s de facto planning process. The City’s legally adopted General Plan, including its Community Plans and their implementing zones, will stay on the books, but as minor speed-bumps on the yellow brick road to private enrichment. 

Like today, pay-to-play will continue to squeeze certainty and predictability out of the planning process. 

Technical barriers to effective Community Plan Updates 

In addition to these formidable political barriers to effective Community Plan updates, there are three technical barriers begging for solutions. 

  • Community Plans should be updated every five years, not on a 20 or 25 year cycle. The current Update process, called the New Community Plans, began over a decade ago, when Gail Goldberg was the Director of City Planning. Beginning with her administration, the City Planning Department has only updated several Community Plans, and its latest estimate is 7 to 10 years to complete the job. Long before then, however, the entire updating process should start all over again. 
  • The Community Plans -- the General Plan’s Land Use Element -- apply the Updated General Plan’s many citywide elements (chapters) to local communities. But, City Planning is updating the Community Plans on a separate timeline. They will complete most of these local plans without the benefit of updated citywide General Plan data and policies. Cities with such a fragmented, cart-before-the-horse approach, therefore, rely on dumb luck that their local Community Plans properly knit together and cohesively guide the entire city. 
  • There is no accurate and timely data of the buildout potential of Los Angeles’s existing zoning. City Planning computed such buildout calculations 25 years ago, but since then City Hall has implemented SB 1818, the Density Bonus ordinance. It allows up to two more stories of residential development on all commercial lots. This means that LA’s long, one and two story commercial corridors could now be rebuilt with four or even five story mixed-use or totally residential apartment structures. 

What is already visible on the Miracle Mile could repeat itself on all other commercial thoroughfares, such as Pico or Washington. While this zoning potential certainly varies among Community Plan areas, an effective planning process needs to carefully consider this data, especially in light of forecast demographic trends. Even if City Hall relies on SCAG’s habitually inflated population numbers, there is every indication that LA has far more land zoned for apartments than would be required by all conceivable General Plan growth scenarios. 

My conclusion 

For the Community Plans to be a magic elixir, the City of Los Angeles must overcome two barriers. First, City Hall’s soft-corruption has to go. If it remains, it totally undermines any planning process. Second, the technical planning process needs to be accelerated, properly sequence, and based on reliable data for the city’s zoning build-out potential. 

This is certainly a tall order, but it is necessary.

 

(Dick Platkin is a former LA City Planner who reports on local planning issues for City Watch. He welcomes comments and corrections at [email protected].) Prepped for CityWatch by Linda Abrams.

Gil Cedillo’s Campaign Ship Sailing into Rough Waters?

THIS IS WHAT I KNOW--City Council incumbent Gilbert Cedillo has set sail on his campaign to retain his District 1 City Council seat. LA’s primary election is March 7. His ship may be off to a rocky start, however. Activist Marc Caswell asks if Cedillo is using his office resources to send campaign emails, which may be in violation of LA Municipal Code section 49.5.5b? 

No City official or employee of an agency shall engage in campaign-related activities such as fundraising, the development of electronic or written materials, or research, for a campaign for any elective office of ballot measure during the hours for which he or she is receiving pay to engage in City business or using City facilities, equipment, supplies or other City resources

While we don’t know if Cedillo has been campaigning during office hours, LA’s Marc Caswell believes Cedillo has used city resources to send campaign emails. Caswell, who lives on the border between CD13 and CD1 says he subscribes to the email newsletters for both districts’ council members in order to stay up to date on community news and information. 

“I find it odd that I started receiving campaign emails from only Mr. Cedillo when I know I never signed up for them, “ he explains. “I think it’s wholly inappropriate that an elected official would take his taxpayer-funded newsletters (database) and use that for campaign emails. And this offense is ever more egregious since Mr. Cedillo didn’t even bother to change his City Hall office address for his campaign emails.” 

Caswell says he filed an ethics complaint because “elected officials should not abuse the taxpayer by spending our money on their re-election campaign. Not only is this a clear violation of City Ethics laws but it shows Mr. Cedillo’s clear lack of respect for the voters and residents of Los Angeles.” 

This isn’t the first time Caswell has filed an ethics complaint against Councilmember Cedillo. Back in November, Caswell says he sent a complaint about a violation of another law related to emails that was reviewed by the Ethics Commission. He is still awaiting a response. 

“Normally, I’m not this nit-picky -- but he keeps violating email ethic laws over and over!” says Caswell.
Stay tuned. If Caswell is right, Cedillo’s campaign journey may run into some campaign turbulence before he reaches that doc by the primary election bay.

(Beth Cone Kramer is a Los Angeles writer and a columnist for CityWatch.)

-cw

Life Without Water or … Why the Delta Tunnel Is So Critical to LA

EASTSIDER-After the recent defeat of Proposition 53, a Howard Jarvis backed initiative aimed squarely at Jerry Brown’s Delta Tunnel project (aka WaterFix), matters are moving forward with the project. 

The CEQA challenges are now finished, and the resulting a 100,000 page document (I kid you not) is on the Governor’s desk. As General Manager of the Metropolitan Water District, Jeffrey Knightlinger quipped at our DWP meeting that the stack of paper is about 40 feet high, roughly the same as the diameter of the Delta tunnels (irony intended). 

For reasons that I do not purport to understand, the (Chicago) LA Times is still opposing the tunnels, clear proof that the owners of the Times do not reside in Southern California. 

The reality, however, is that we in Southern California really need to protect access to the water flowing from the Northern California mountains through the Sacramento River and the Delta, into the California Aqueduct to the Metropolitan Water District. In the likely event of continued drought this water is critical for us and for our children as global warming increases mountain temperatures. 

As a third generation Californian, I am painfully aware of the North/South political split in our State that has existed forever. Folks like my late grandfather up in Orville wanted to literally divide the state into two, and I have some friends in Sonoma County who still believe it would be a cool idea. But just like we have to live with Northern California and its politicians because of their water, they have to live with our need for that water in order to fuel the State’s economy. Not to mention that the entire state needs to do something with the water supply. Northern Californians don’t like floods and busted levees. 

Truth is, Southern California is a desert, and there are only a couple of sources for water to feed the roughly 50% of the State of California’s population that resides within the six counties of Ventura, Los Angeles, Orange, San Diego, Riverside and San Bernardino. Those six counties (actually only portions of Ventura, Riverside and San Diego) constitute the membership of the Metropolitan Water District, or Metro, as it is often called.

For all the political talk about the Delta Tunnel, most Angelenos have no idea where our water actually comes from, or how the DWP fits in with the Metropolitan Water District. What’s even stranger is my friends in Northern California seem willing to ignore the fact that Brown’s WaterFix will help them too. The levee system and the Delta are a mess up there, and Brown’s proposal will help them fix their problems as well as help Southern California. 

About That Water 

If you look at the big picture, the Metropolitan Water District generates over 50% of Southern California’s water. Metro’s sources for this water consist of the California Aqueduct and the Colorado River Aqueduct. The balance comes from local sources and the DWP’s Owens Valley Aqueduct. 

Because of multi-state agreements, Metro’s share of the Colorado River is a percentage of what flows through the river. Based on these agreements, this has usually translated into about 50% of a baseline amount. On the other hand, as drought becomes more persistent in the Western states, those amounts will probably go down over time. 

The good news about the Colorado River water is that Metro has a huge storage capacity, and in fact maintains a permanent six months’ supply in storage just in case of an emergency. So from an availability factor, it is great that we will always have access to the allotment from the Colorado River. 

The situation from the California Aqueduct is another matter. Water entering the system from the mountains and rivers in Northern California is capable of producing a huge amount of water per year, but the amount and flow of that water supply is intermittent. In other words, what’s in the system depends on how much rain and how much snow we get, as well as when those events take place. The system itself doesn’t have a lot of permanent storage built into it. 

The astonishing good news to me, and hats off to the water folks, is that while our population has increased from about 13 million people in 1985 to some 19 million people in 2015, our water demand has been essentially flat. Proof that all of those efficiency measures have worked. 

The Environmental Factor 

One of the biggest factors in how much water we can get from the Delta, and for that matter, the Owens valley, are generically referred to as environmental issues. These types of concerns led to the passage of CEQA (California Environmental Quality Act) back in 1970, designed to make state and local governments identify and mitigate the environmental impacts of their decisions. 

Most people I know have no clue what CEQA means beyond the name, and it’s difficult to get an objective explanation, so if you want to know more, there’s a good starting point here. 

In addition to providing a legitimate curb on government destroying the environment, CEQA has also made a bunch of lawyers rich and created entire new political and governmental bureaucracies -- thus the some ten years and 100,000 pages of CEQA documents on Governor Brown’s Delta tunnel project. 

Like any huge capital project, WaterFix is going to be paid for by ratepayers in their monthly bills. Small price for ensuring a reliable water supply, and in retrospect it’s a darn good thing that we built the Colorado River Aqueduct and the California Aqueduct. So, if it isn’t really about the money, then what is it? 

I think that using the magic word “environment,” we have created an entire environmental business model that has little to do with rational anything. 

At this point, there are a number of non-profit organizations whose livelihoods consist in fundraising and litigation over the environment. There are also a number of class-action attorneys specializing in this area. Further, there are agencies like California’s Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, and a host of others, whose staffing and existence are dependent on staying in the limelight come budget time. 

Two examples. First, I don’t know why the folks up north keep whining about the delta smelt. This isn’t about smelt. Heck, right now I am told there’s a hatchery that produces smelt each year that can’t be released into the water supply because the regulatory agencies won’t let anyone do it. C’mon. 

Second, the DWP and the Owens Valley. The issue of LA stealing their water a century ago is over. These days the issue is a small group of politicians controlling a water district up there that they use to blackmail money out of LA ratepayers. They have evolved from screaming about the water grab to ‘dust mitigation’ and have made a bundle. 

My point is that how much water we get in Southern California is more than just a political issue. There is a huge amount of water from Northern California that simply goes out into the ocean or floods because it can’t be captured or managed. Just ask the folks in Truckee or Sonoma County after this week’s massive rainfall. Wouldn’t it be nice to have a system that can helps manage these huge fluctuations in water? Enter Brown’s plan. 

In terms of planning ahead, you may have seen on TV how they measure the snowpack in the Sierras using the depth of the pack, which gives an indication as to the existence and/or severity of a drought. 

The reason that the snowpack is critical is that the snow is a great way to store water, which can run off later into the system. Now, factor in climate change, or if you don’t like the idea of climate change, just call it drought. When temperatures in the Sierras get much above 30 degrees, we don’t get snow. We get rain, and rain doesn’t get stored. 

The Takeaway 

Let’s put the pieces together. The three big water sources for Angelenos are the Owens Valley (DWP), the Colorado River Aqueduct, and the California Aqueduct (MWD), plus a variable amount of local water through our water basins and recycling. 

Over time, it is clear that the amount of available water from the Colorado River and the Owens Valley will decrease, not increase. Guess what that leaves? That’s right, the California Aqueduct, which produces a large but extremely intermittent flow of water. Thus, the Delta tunnel project. 

The project will help the environment (the 100,000 pages of CEQA documents), and the project will provide more water storage as well. Maybe that could have helped avoid this week’s flooding up north. 

Absent something like the Delta tunnel project, it is not likely that the amount of water available to pump from the California Aqueduct will increase anytime soon. And while MWD contracts for up to two million acre/ft. per year, with regulatory/environmental requirements, the actual amount received is more like 50% of that figure -- which could go down. 

While a $15 to $17 billion plus bill to build the tunnels sounds like a lot of money, consider the B Plan: not having enough water to support us. Remember, without the Owens Valley Aqueduct (politically correct name, the Los Angeles Aqueduct), there wouldn’t be much of a Los Angeles. 

And I would remind folks that big capital projects take a lot of time to complete. Just look at our freeways and CalTrans attempts to fix/build them when bad stuff happens. I think a few bucks a month for ratepayers represents a sound investment. Heck, maybe someday we can even water what used to be our lawns.

 

(Tony Butka is an Eastside community activist, who has served on a neighborhood council, has a background in government and is a contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

Los Angeles 2024 Olympics: What’s Not to Like?

LA WATCHDOG--On Friday, the Ad Hoc on the Summer Olympics Committee will meet to review the City’s and Los Angeles 2024 Exploratory Committee’s (“LA24”) bid to host the 2024 Summer Olympics.  And without doubt, this seven member committee chaired by City Council President Herb Wesson will approve moving forward with submitting the well-conceived bid to the International Olympic Committee (“IOC”) on Friday, February 3. 

After all, almost 90% of Angelenos support hosting the 2024 Summer Olympics. 

But there is the issue of the City’s exposure to losses as our cash starved City will be required to indemnify the IOC and the United States Olympic Committee against any losses.  

Based on the updated projections prepared by LA24 that have been reviewed in detail by KPMG and Miguel Santana, our trusted City Administrative Officer, the $5.3 billion Olympic budget has a Contingency Reserve of almost $500 million, representing over 10% of the $4.8 billion in expenditures.  And this is after other contingency reserves built into the development of individual venues. 

The updated budget is a vast improvement from the 2015 Budget as the Contingency Reserve increased to $491 million from $161 million.  

The new budget ditched the building of a de novo Olympic Village on the site of Union Pacific’s Piggyback Yard.  Instead, LA24 has made arrangements to use UCLA and USC dormitories, resulting in savings of an estimated $1 billion.  

There are also considerable savings that LA24 is able to achieve by using existing venues, ranging from the Coliseum, the Rose Bowl, Staples, StubHub, Pauley Pavilion, Galen Center, and numerous other locations throughout Southern California.  

The management has also fine-tuned its projections by developing a detailed, bottoms up financial model and benchmarked its “conservative” assumptions and results against the London 2012 Olympics and other mega events. 

The City and LA have developed a Memorandum of Understanding (“MOU”) that protects the City’s coffers.  Importantly, it calls for a $250 million Contingency Reserve to be funded prior to the beginning of the Games.  

The MOU also requires LA24 to obtain insurance policies to cover natural disasters, terrorism, and event cancellation as well as coverage for “reduced ticket sales and other revenue sources should the events become less appealing.” 

As a side note, the State will reinsure the City’s exposure by agreeing to absorb $250 million of losses, but only after the City has taken a hit of $250 million. 

The City will also be reimbursed for its incremental out-of-pocket costs for providing “enhanced municipal services” such as police, fire, sanitation, traffic, and parking control. 

The MOU also allows the City to oversee the operations and finances of the Olympics by allocating one-sixth of positions on the Board of Directors and its committees to the City and by requiring LA24 to provide the City with timely financial information and other information. 

However, the City’s requirement that LA24 comply with all applicable City laws and ordinances may result in significant cost increases because of its prevailing wage and work rule requirements, especially if it involves city-specific venues.    

Hosting the Olympic Games will also increase economic output by around $11 billion, provide numerous full time jobs, and produce additional tax revenue according to a report prepared by Beacon Economics.  On the other hand, the State’s Legislative Analyst stated that “some short-term economic gains in 2024 and in the years before the Games are likely.  Lasting economic gains, however, appear unlikely.” 

LA has an advantage over Paris and Budapest because we are “Games Ready.” This allows us to use our existing world class infrastructure to meet the goals of the Olympic 2020 Agenda which emphasize environmental sustainability and minimizing financial risk.   

The IOC will announce its decision on September 13 in Lima.  

And assuming we win the bid, as well should, then the hard work will begin as preparing for this mega event with so many moving parts over the next seven years will be a monumental task requiring excellent management. 

But the City’s biggest risk is our own Elected Elite who do not have the common sense to leave well enough alone and let management do its job. Oversight is OK, but no day to day meddling, no interfering with operations, and no asking for favors or preferential treatment.  

We also need to wary of mission creep where City Hall decides to accelerate numerous infrastructure projects that have the potential for cost overruns and delays that interfere with the success and finances of the Olympics.   

LA24 has done a very good job of developing a plan that protects the City from financial loss.  But LA24 and Angelenos must also protect the City’s coffers from our Elected Elite. 

 

(Jack Humphreville writes LA Watchdog for CityWatch. He is the President of the DWP Advocacy Committee and is the Budget and DWP representative for the Greater Wilshire Neighborhood Council.  He is a Neighborhood Council Budget Advocate.  Jack is affiliated with Recycler Classifieds -- www.recycler.com.  He can be reached at:  [email protected].)-cw

Lt. Gov. Newsom: ‘California Can Stop Trump’s Wall in Court … Never Going to Happen’

California’s lieutenant governor has warned that the state can use an environmental lawsuit to block President-elect Donald Trump’s efforts to build a border wall. 

The state could sue under the California Environmental Quality Act or its federal equivalent to stop the wall, a proposal that Gavin Newsom called “laughable” in an interview on the Golden State podcast. 

“There’s something called CEQA in California -- there’s NEPA [National Environmental Policy Act] at the federal level,” said Newson, who’s running for governor in 2018. “There’s indigenous lands and autonomies as it relates to governance on those lands. There are all kinds of obstructions as it relates to just getting zoning approval and getting building permits. All those things could be made very, very challenging for the administration.” 

That’s “just simply never going to happen,” Newsom said of the wall. “It’s logistically impossible. It’s a laughable proposal that somehow Mexico’s going to pay for it. It’s just not going to happen.” 

Both environmental laws were passed to protect the environment, and both have been successfully used to block building projects.  

The environmental effects of border barriers are becoming increasingly clear in several European nations. The increase in the use border fences in the ongoing refugee crisis overseas is impeding the flow of wildlife between countries, with damaging consequences, according to recent research. 

“These fences represent a major threat to wildlife because they can cause mortality, obstruct access to seasonally important resources, and reduce effective population size,” concluded a 2016 study published in PLOS Biology. 

Researchers noted in California’s case that “conserving biodiversity on an increasingly crowded planet will always involve a combination of applying ecological knowledge and skillful politics.” 

How ready is California to fight Trump’s policies on the border and elsewhere? Very, said Newsom. “There’s no indication that he’s changed. That means we have to be prepared for the worst.” If Trump goes through with many of his plans, there’s “going to be a lot of confrontation.” 

Newsom doesn’t seem concerned about alienating the next administration and isn’t cowed by Trump’s threat to cut funding to California because it’s a sanctuary state. “The United States of America needs California more, with all due respect, than California needs it from an economic perspective,” said Newsom. “California is the economic engine of the country.”  

The podcast is part of a series of stories and interviews created in tandem with San Francisco magazine on “The Resistance to Donald Trump.” 

Anticipating battles with the Trump administration, California has placed former U.S. Attorney General Eric Holder on retainer for help with legal responses.

 

(Mary Papenfuss is a Trend reporter at the Huffington Post where this piece was originally posted.) Prepped for CityWatch by Linda Abrams.

Mayoral Candidate Schwartz Calls for Federal Criminal Investigation into Developer Pay-offs at LA City Hall

CORRUPTION WATCH—Candidate for LA Mayor, Mitchell Schwartz, is turning up the heat on the so-called soft corruption at City Hall issue exposed recently by the LA Times. Schwartz is calling on US Attorney for LA, Eileen M. Decker to open a criminal investigation into payments that real estate developers have been making to Mayor Eric Garcetti and to some Los Angeles Councilmembers. 

After Mr. Schwartz (photo above) recounted the revelations concerning the Sea Breeze project by developer Leung where thousands of dollars were given to campaigns and causes of Mayor Garcetti and numerous LA City Councilmembers, he noted that this problem is not new. Back in 2006, then in-coming Planning Director Gail Goldberg had warned Eric Garcetti, who was then councilmember for CD 13 at the time, not to allow developers to get the zoning they desire. Ms. Goldberg’s exact words in 2006 were, "In every city in this country, the zone on the land establishes the value of the land. In Los Angeles, that's not true. The value of the land is not based on what the zone says ... It's based on what [the] developer believes he can change the zone to. This is disastrous for the city. 

Candidate Schwartz pointed out that the US Attorney has the power to interview City Hall insiders about the ways in which developers have been getting the zone changes which they want. The big wigs can all lie to reporters, but the City Hall insiders including former field deputies as well as department heads have to cooperate with a federal investigation. We all remember what happened to Martha Stewart when she wasn’t forthright during a federal investigation. 

With the plethora of city council wannabees, only Mayoral candidate Mitchell Schwartz has thus far taken this bold step. Schwartz punctuated his announcement thusly: “If the developer and politicians were committing crimes, they must be held accountable.”

 

(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.)

-cw

Measure ‘S’ is Bad for Los Angeles and Bad for Latinos

LATINO PERSPECTIVE-I was originally interested to learn about Measure S, formerly known as the “Neighborhood Integrity Initiative,” since there are many reasons to criticize planning and development in Los Angeles. I believe we can do a better job of creating a city where homeowners and renters, working and middle class people can live side by side and can get around. We need a city in which people who grow up here can afford to stay here in a growing economy that is welcoming to immigrants. 

But after reviewing a report by my local paper, the Larchmont Chronicle, on the arguments made in support of the initiative at a community forum at Third St. School, it became clear that this measure would have many negative effects on Los Angeles, and even more so on immigrants and the Latino community. Far from helping us achieve a welcoming city, it would have the opposite effect by making LA more expensive and crowded. It’s worse than cutting off your nose to spite your face. It’s more like cutting off your leg to fix your stomach ache. 

As a Hancock Park resident who ran for City Council in 2015, I understand some of the frustration. Our community plans are out of date, making development appear haphazard. Los Angeles has the potential to grow in a way that protects our traditional neighborhoods by placing urban amenities near transit, but we need stronger leadership to get there. 

As was clear from the account published in December’s Chronicle, the backers of Measure S are all frustration and no leadership. Their vision is purely negative and they are eager to criticize everything and build nothing. They imagine we can turn back the clock, but their plans would hurt renters, first-time homebuyers, and anyone who hasn’t put down solid roots. In today’s Los Angeles, where vacancy rates hover around 3 percent, their proposed building moratorium is a recipe to raise rents. It would hurt families and push many into homelessness. 

Measure S problems 

That’s not to say that we should do nothing. Here are three of the main problems that Measure S proposes to fix — and the reasons why the problems would be left worse under the initiative: 

  1. Campaign finance. Measure S’s backers criticize developer contributions to political campaigns, but their measure is silent about who may donate. We should have an honest conversation about how to get money out of politics. 
  1. Housing affordability. More than 270,000 Los Angeles households are “severely rent-burdened,” meaning they pay more than 50 percent of their income in rent. Measure S’s backers criticize luxury housing, but there is not one word in the initiative that regulates housing prices, nor does it leverage funds to build affordable housing. Further, the best tools to build the housing we need to make Los Angeles affordable would be lost in a building moratorium.
  1. Out-of-date plans. Measure S’s backers say that the desire for new development would “force” the city to update its plans. How? Plan updates typically take up to 10 years in Los Angeles, and the measure provides no new money to update them. Fortunately, there is movement in City Hall to fix this, including new money in the Mayor’s budget to hire planners to expedite the process. 

We know Measure S won’t do what its backers promise. So what will it do? 

It will prevent us from housing the homeless. Measure S says it has an exemption for “100% affordable housing,” but that exemption does not extend to projects that require General Plan Amendments. The City of Los Angeles published a list of sites that could be used to develop affordable housing, like the housing we all just voted for with Prop HHH. Of ten proposed sites, Measure S bans building on nine of them. 

It will shut down needed development. Even if we could build 100% affordable housing, why should that be our only option? This rules out needed housing developments that include affordable units next to market-rate apartments. It’s easier to protect neighborhoods like Hancock Park if you can build denser, more urban buildings in other parts of the city — and by current estimates, Los Angeles needs to add 500,000 new units of housing to make our city affordable for working people. 

It will hurt our economic recovery. Beacon Economics calculated that two years of Measure S would suck $3.8 billion out of our local economy, destroying not only thousands of construction jobs but also all the employment they support. It will lower our city tax base by over $70 million each year — enough to hire 1,000 police officers or firefighters. 

It could last for 10 years. They say it’s a two-year moratorium — but it will prevent development for as long as it takes to update our community plans; it offers no new funding to do that; and it offers many opportunities to file lawsuits to slow down the process. In ten years, job losses could top 120,000. 

It will protect no one and preserve nothing. The best way to protect our single-family home neighborhoods is to build new housing next to transit. We can have a city that welcomes newcomers and makes room for the young without “turning into Manhattan.” We shouldn’t pretend to be Manhattan, but we shouldn’t pretend to be Kansas City or Fresno either. 

At the end of the day, Measure S lacks vision, is motivated by anger and frustration at the present and an aesthetic preference for the suburbs. Most Angelenos want a city that will grow in a way that is humane and welcoming. We should reject this measure, continue to make our voices heard, and look towards the future if we want to create a true 21st-century Los Angeles.

 

(Fred Mariscal writes Latino Perspective for CityWatch. He came to Los Angeles from Mexico City in 1992 to study at the University of Southern California and has been in LA ever since. He can be reached at [email protected].) Edited for CityWatch by Linda Abrams.

Open Letter to LA City Hall: Privacy is a Right … Is Anyone Listening?

VOICES--Thank you for your service to us the citizens of LA. 

I am a long time resident and Landlord (one rental unit as I live in the upper) who has annually, without fail, registered my one rental unit and paid the fee which for me is $67.83.  In reading and filling out the papers for the 2017 HCIDLA, I was shocked and disillusioned to find out that The City Council and the Mayor has come up with a requirement that Landlords must not only pay a fee for each unit but they must fill out Form RR 17 U Annual Rent Registry Form which you should be familiar with as you may have voted for it.   

The form requires Landlords to reveal private information that should only be between the Landlord and the tenant. Now this information will be put on the internet for anyone to put in an address and get the amount of rent, utilities by the way Water was not on the form and I do pay for the water and garbage fees. The form also asks about parking included in the rent collected. 

This is an invasion of privacy between the landlord and the tenant. The form wants the year the tenant began tenancy.  No ONE should be able to know these things!!!!!!! A Rental Agreement is a private contract between the Landlord and the tenant-----no one else should be privy to this information.  This will pit neighbor against neighbor. 

What about my rights? The tenant knows what he is paying.  No one else should. 

The issue of Short Term Rentals in this community has caused so much turmoil that people are no longer speaking to each other as a result.  I can not imagine imagine what looms ahead if this ill thought out requirement is allowed to continue.  DO NOT put this out for public perusal and ultimately causing untold problems in all communitiesin LA. 

Shame on the City for Blindsiding the good Landlords without contacting us with letters explaining the whys and wherefores of this requirement.  IT is WRONG, WRONG, WRONG, WRONG. 

I filled out the form as I want the legal right to collect rent and provide housing in LA. 

I am against it and want this discontinued now. 

Shame on you all for not listening to the Apartment Owners Association during the period that this was being discussed.  I guess that none of you on council own rental property.  Think about how you would feel if your private financial agreements were posted on the internet? 

Please let me know what is the reasoning for this invasion of my … and my tenants … privacy?

 

(Carol Kapp is a duplex owner living in Playa del Rey.)

 

The Divided States of America

WAR CORRESPONDENT--When I signed up for this gig, I didn’t realize I might end up as a war correspondent. But when I talk to people these days, it feels like something bad is about to happen -- and they want it to happen. 

Everyone expects Democrats and Republicans in Congress to go at each other hammer and tongs. This is the new normal in which compromise is viewed as surrender and only complete annihilation of your opponent is an acceptable outcome. It’s the same story in state capitols across the country. 

Bipartisanship has been dead since the beginning of Bill Clinton’s term in 1993. In the last quarter century, one party has been driven relentlessly into a hard position that the other side is not just wrong, but evil. To a good extent, this is due to the Republicans’ many supporters who see government as not just interfering with their right to worship, but actively working to force them to act against their beliefs. 

Building on this base, others whose motivation is racial and ethnic prejudice or maybe just a feeling that nobody is on their side has led to a constant strengthening of the wall between Americans.

On the other side are those who have a hard time comprehending why anyone would refute science or encourage government to turn a blind eye to prejudice. Their world is fact-based and logical and spirituality is an individual and not collective practice. 

Simply put, one side views non-conformity as the greatest virtue and the other as the greatest sin.

And now the battle lines are drawn not just in Washington and state houses, but in courthouses and city halls and coffee shops and taverns and every street corner in America. 

In the last few weeks, I’ve seen more and more evidence that Democrats and others who don’t share Donald Trump’s (or Paul Ryan’s) world view aren’t interested in even talking about trying to work with Republicans. They’re ready for war. 

We’re not talking about conservatives and liberals or left and right anymore. The United States has reached the point where its population is now divided simply into “us” and “them.” 

I’ve been struck by the number of folks who have told me about visiting relatives over the holidays and carefully avoiding any mention of politics. It’s not just the potential for bad feelings, but the danger of an actual rift in the family. (I wonder if that’s what it was like discussing slavery with your Southern relations before the Civil War.) 

This is where I should offer soothing phrases about the need to step back from the brink and engage in dialogue. After all, we share the same ideals and pledge allegiance to the same flag. We believe in the American dream and all that other stuff they taught us in school. 

Except it’s mostly nonsense and anybody who’s read a little history knows it.

But, the part about equality is real. That stuff about “all men are created equal” and “equal justice under law” and “liberty and justice for all” is the one constant thread that runs through American history. Slowly and inexorably, society’s institutions of government have displaced the sanction of prejudice and intolerance. 

Ultimately, that’s what this war will be about. 

Is America going to turn its back on our history of looking to the future, welcoming the new and different, understanding that progress comes with a price? Or will “them” -- or are they “us” -- prevail?

In the coming years, you’ll be hearing a lot more about this battle for the soul of America. It will consume vast amounts of space in publications, online, and via the airwaves. Many will think of themselves as warriors fighting for freedom and liberty or God and country. Some will sit back and enjoy the fight. I suspect most Americans will consider themselves innocent bystanders. 

Meanwhile, I have a war to cover.

 

(Doug Epperhart is a publisher, a long-time neighborhood council activist and former Board of Neighborhood Commissioners commissioner. He is a contributor to CityWatch and can be reached at: [email protected]) Prepped for CityWatch by Linda Abrams.

The Magic Roads to LA Infrastructure Progress: Measure M … AND Measure S

PLANNING FOR THE PEOPLE-Not long ago I published a piece on the need to stop the LA City Planning Politburo because City Planning has long ago stopped becoming a force for rules and bylaws and started becoming a "build-build-build" shill. 

Similarly, I just published a piece on promoting both the Wilshire Subway and reconsidering a long-overdue Metro Rail/Metrolink connection in the City of Norwalk. 

And no, the two pieces are not in contradiction, or mutually exclusive. 

In general, those who fight for more transportation options are not interested in overbuilding the begeezus out of our city, county or state. They want mobility and options and an overall increase in environmental/economic improvement, happiness and quality of life for those of us who pay for New Starts projects. 

Yet we have too many vultures (often quite politically-connected) who figure out all sorts of creepy, sneaky ways to turn transportation advocates into "useful idiots" and justify all sorts of overdevelopment that no one in their right mind would want. 

After all, if we're trying to catch up in our congestion and mobility issues, why would we want to overdevelop and worsen our traffic problem? Or even just worsen our quality of life? 

A little bit of development is a nice compromise that makes a cute, sweet new (maybe affordable to most, maybe not, depending on the locale and development) neighborhood of homes or apartments. 

A whole lot of development where we build to the moon (THE MOON, DAMMIT, THE MOON!) just infuriates and insults the intelligence of all of us -- including the taxpayers who fund new transportation projects and get their rights taken away from them in return. 

So would anyone in their right mind want the arts district of Bergamot Station to be shut down just to create a monster development next to the Expo Line in Santa Monica? Maybe a "chill pill" … or three … is needed for the Santa Monica Council and Planning to create a very small housing project with commercial to make a real nice trip generator for that city...and tell the drooling developers and density-warriors to take their body parts elsewhere. 

Similarly, while I think the Norwalk Green Line Extension to connect LAX and LA County to the rest of Southern California region is a darned great project, I am very sensitive to the concerns of the Norwalk City Council and to Norwalk residents, and we should all take heed to those well-placed concerns. 

After visiting Norwalk last night, and hanging out with fellow Friends of the Green Line veteran Daniel Walker, we learned from the SCAG officials (who, happily are done with a quixotic MagLev campaign and are now spending their taxpayer-funded efforts on relevant issues) that the locals have lots of negative feelings and fears about this project. 

One look at the map shows that city to be right smack-dab in the middle of the I-5, I-105, I-605, and SR-91 freeways, and between the soon to be LAX-connected Green Line and Metrolink. Norwalk really is a "gateway city.” The freeway access to the eastern terminus of the Green Line is reportedly substandard, and access to the Metrolink station is a problem. 

So if we want to help Norwalk and enhance ridership/access/quality to the Green Line and Metrolink, we need to create a freeway/road fix that prevents cut-through residential neighborhood traffic to the current and future stations, establish a transit-oriented residential/commercial development near Firestone/Imperial that fits into that region, and a station that is near the county governmental hub at Imperial/Norwalk that makes sense. 

It's likely that part or all of this would have to be a subway, as considered before in the 1990s when this was last studied, and there's already about $1 billion funded for this "county light rail connector project.” And more will be needed to allow Norwalk to be enhanced, and not destroyed, by this project. 

So what does this have to do with Los Angeles and Measure S? I am guessing that Norwalk, unlike Los Angeles, isn't going to let any pro-transit sentiments allow creepy, sneaky developers (and their Planning and other density warriors) overdevelop Norwalk in the name of "transit oriented development" or "affordable housing" or "urban infill.” 

Los Angeles, like Norwalk, needs homes and neighborhoods, not projects or spot-zoning. Los Angeles, like Norwalk, needs to obey its laws and not be bought out by developer money -- and it sure as HELL shouldn't need the Sea Breeze scandal and Measure S to finally, finally say no to developer campaign contributions.. 

Let's revisit Measure S: 

  • Developers will have to have to pay for their traffic and environmental impact reports to be done by independent experts, and not by their own hired guns. EIR's have to mean something, and they have to be credible. 
  • Backroom deals between billionaire developers and City Councilmembers will be made illegal, and City Council rules and laws will be adhered to and enforced. 
  • Developers will have to prove to impacted communities that their new megaprojects can absorb the new development with respect to traffic and other environmental impacts.  
  • Despite claims by mega-developers that they want to create affordable housing, the opposite has been the result of these at-market and oversized, over-tall projects (which often have over 50% vacancy) that ultimately leave fewer, and not more, truly affordable housing for Angelenos.  
  • The City Council will have to (finally) update the City’s legally-required Community and General Plans that balance growth and environmental impacts. 

You know ... follow and obey the laws! 

We need a Transportation Infrastructure for the 21st Century -- and we made big progress towards that with Measures R in 2008 and M in 2016. 

We also need a Planning Infrastructure for the 21st Century -- let's make progress in that direction as well with Measure S in 2017.

 

(Kenneth S. Alpern, M.D. is a dermatologist who has served in clinics in Los Angeles, Orange, and Riverside Counties.  He is also 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 Dr. Alpern.) Prepped for CityWatch by Linda Abrams.

 

Myth-Busting the Mega-Developers’ Cynical Campaign against Measure S

THE PEOPLE SPEAK--On March 7, Los Angeles residents get one last chance to assert their fundamental right to shape what our city becomes before our wonderful city of towns and villages is paved over by glass box mega-developments, the terrible traffic they cause, and the glut of empty $3,500 apartments nobody wants, now marching across LA. 

Measure S, the Neighborhood Integrity Initiative, is the fix to this broken and rigged system at City Hall. 

A “yes” on Measure S puts planning back in the planning department, dismantling the current system of backroom real estate dealing by City Council members -- 15 individuals who are utterly unqualified to engage in private and inappropriate "spot zoning" deals with some of the world's richest and slickest developers. 

As the Los Angeles Times has repeatedly reported in recent months, elected leaders at City Hall are accepting huge amounts of cash, gifts and wining and dining from wealthy developers. Then, those same City Hall elected leaders are handing these same developers special exemptions from our protective zoning rules. 

Winning an exemption from LA's height zoning rules, for example, can mean an instant, unearned, $20 million profit to a developer who suddenly is allowed by a councilmember to build 20 stories instead of 4 stories. 

A single exemption from the General Plan -- those are granted by City Councilmembers to let a developer use the land for something that's entirely inappropriate and not allowed by the city's own laws -- can mean an instant, unearned $40 million or larger profit for that developer. 

That's what happened when City Hall agreed to let a rich developer squeeze the Sea Breeze luxury housing project between a couple of noisy warehouses, a Houston-style approach to planning. Which is to say, no planning at all. 

City Hall's gross misbehavior is at the heart of this system of free money, big money -- and corrupt money. Our City Council is selling its votes. They do so at the expense of all of us. 

Measure S strikes directly at the heart of this dysfunctional, New Jersey-style mess. So our opposition, the defenders of this status quo are up in arms, New Jersey-style. 

Funded largely by the Chamber and three billionaires -- the Lowy global mall kings of Australia, the multi-national skyscraper-building Kahn family of Miami, and the Lowes global resort kings in LA -- powerful lobbyists are running a cynical campaign designed to trick Los Angeles residents into voting against their own self-interest on March 7. 

The billionaire mega-developers and their cronies know that they can’t beat us using the truth. So they’re saying, doing and spending whatever it takes to win -- at all costs. 

Let's conduct some myth-busting here, with the understanding that the lies issued by opponents of Measure S are going to get much more extreme and out of this world. 

According to their fantastical accounts, Measure S, the Neighborhood Integrity Initiative, would “stop the building of everything -- from affordable housing, to hospitals, schools, and parks.” We at Measure S even apparently view “new toilets” as over-development. 

We also have a secret "housing ban" tucked somewhere in our back pocket. A Westside City Councilman and a Valley City Councilman are telling their constituents that we, ahem, "ban all development." (We got calls from people who were upset about being spoon-fed these obvious whoppers while meeting with the councilmembers.) 

A Hollywood Councilman has been running around saying we will stop projects already underway (another ahem), and the mayor is flirting with trying to claim that LA's entire economy is teetering atop a coterie of rich land developers who must be allowed to break the zoning rules. 

The Chamber of Commerce president, emboldened by this fake news from on high, illegally lied about Measure S in official ballot literature (Measure S is going to ruin the economy), as did a well-known economist who was paid to do so by the three billionaires. Both the Chamber president and the economist had to retract their lies, just last week. 

As I wrote in the Los Angeles Daily News back in August, "Sadly, our measure also bans rainbows, outlaws donuts, and deports the tooth fairy." 

What's going on here? What's going on is that voters are about to force City Hall to do its job and play by the rules. 

And that will leave a lot of instant wealth for some of the world's richest developers sitting on the table, and crimp the fundraising ability of some of California's most cash-needy politicians. 

The truth is that in Los Angeles, 95% of developers play by the rules. The truth is that 95% of developers do NOT give money to the City Council, mayor and other officials. The truth is that 95% of developers do NOT engage in these greedy bidding wars that have driven our land values sky high, in turn driving our rents into the stratosphere. 

The truth is that only about 5% of developers active in Los Angeles drive the actions of elected officials at Los Angeles City Hall, just as they own and drive nice cars. 

The truth is, 95% of development will continue to flourish under Measure S, because Measure S is about working out the rules in a transparent setting with strong input from residents, then following those rules. And 95% of developers actually honor our local zoning. 

The truth is that affordable housing will flourish under Measure S, because Measure S exempts from most of the city's zoning rules those developers who will build 100% affordable housing -- an exception that we ourselves carved out, due to the great need. 

The truth is that Measure S does NOT halt any project underway, for any reason, even if it's one of the hideous glass boxes that is helping Los Angeles each day look more and more like Charlotte, NC. 

Instead, think of Measure S as "the gift of time for our City Council and mayor." 

Suddenly, instead of spending hundreds of hours cutting backroom, closed-door deals to let developers get around the zoning rules, our city leaders can spend those recaptured hours doing right by the residents and taxpayers. What at treat that will be. 

The City Council and mayor can spend this recaptured time figuring out how to end the wanton destruction of 1,000 units of affordable rent-stabilized apartments by developers every single year. So far, 22,000 irreplaceable, sound, older low-rent units have vanished since 2000. 

Suddenly, on March 7, our elected leaders will have loads of new free time to actually create a plan for spending the badly needed bond money we voters approved in November to build homeless housing with support services. 

(At a city hearing a few weeks ago, a city official let slip that, ahem, they are already toying with requiring that only 50% of the housing financed by we taxpayers provide the full shelter and services City Hall promised in the bond measure.) 

Suddenly, instead of spending hundreds of hours being lobbied and wined and dined by developers seeking ways around our rules, the City Council and mayor can spend it addressing our exploding water mains, our cracking sewer mains, our bodacious potholes and our long-promised parks. 

Our opponents know they can’t win on March 7 on the merits. They know that voters want affordable housing and reasonably priced housing, not the City Council's luxury rental housing glut with its 15% to 20% vacancy rates. Our opponents know voters want less gridlock, not worse traffic backing up as far as three miles from absurdly oversized projects. 

And most frightening to our misbehaving status quo, they know we’re onto them. Voters have realized that City Hall is rigged, thanks in no small part to recent coverage by the Los Angeles Times, and also thanks to our own stories by award-winning journalist Patrick Range McDonald at VoteYESonS.org. 

As I wrote in the Daily News, "Voters aren’t going to stand by as the character, culture, and connectivity of our city gets washed away in a sea of unwanted and unaffordable luxury housing mega-developments."

 

(Jill Stewart, a former journalist, is campaign director for the Coalition to Preserve LA, sponsor of the Neighborhood Integrity Initiative.) Prepped for CityWatch by Linda Abrams.

Zuma Dogg Returns to LA Political Wars … Says the People Need a Voice

ELECTION 2017--My name is David (Zuma Dogg) Saltsburg. I'm running for mayor of Los Angeles and I will be using all the mayoral campaign platforms allowed me to raise awareness of and to urge CityWatchLA readers to vote for … and get out the vote for … "Yes On S!"

My mayoral campaign is already a success because I get to write this article for CityWatch … whom I consider to be the front line of LA watchdog activism. I began my own LA watchdog(g) activism ten years ago and there are not nearly as many platforms for city activists as there were when I started.

I'm probably not going to say anything that CityWatch readers don't already know (many of you, who tell me what I know, know more than I do) but I'm a public figure and decided to get on the ballot. The people of LA need a voice a City Hall now more than ever. We need to be a CityWatch Army between now and March 7.

So, first of all, please do all you can to raise awareness that there is, indeed, a citywide election this March 7th. People are "electioned-out" and I'm fearful that if someone sees an election campaign sign they assume it's from the election we just had. So, with this local, under-the-radar election just letting people know the date of the election is a priority.

Secondly, I of course want you to vote for me and tell everyone else to vote for me because I believe I'm LA's only hope to keep this ship from sinking into something we no longer recognize. (Check out my video. See if you agree with me.)  

Next, get out the #YesOnS vote. Tell everyone you know, "Yes on Measure S” … because even if LA skyscraper developer Eric Garcetti is re-elected, Measure S will prevent him from selling-out LA to China developers for a Shanghai Surprise on the city and its residents.

The skyscraper issue is central to many other issues people are outraged about:

Traffic gridlock getting worse. Skyscrapers cause more traffic jams. When they are being constructed and then when 1000 more people are living on street that isn't any wider and multiply this over a decade of Eric Garcetti's, "Smart Growth."

Garcetti actually said that the goal is to make traffic so bad, that people jump out of their cars and take mass transit. But these people moving into million dollar (plus) condos drive cars and are not going to hop out to take the bus or rail. We all know this.

The city has to STOP doing things to make traffic worse. Garcetti justifies that everyone is gonna take the bus, so he can sell out LA to China developers for Skyscraper City. New York and China were built around mass transit. Los Angeles was not and is not a city that lends itself to mass transit and I'm not gonna waste precious column space explaining why anymore because you know.

Skyscrapers also have driven up housing costs and the overall expense to live in LA and it has caused an increase in homelessness. And, when I say "increase" I mean we have a triple alarm emergency on the streets (sidewalks, actually) of Los Angeles -- and Garcetti and City Hall CONTINUE to ignore building affordable housing and are still all about skyscrapers.

If you flew in from another world and evaluated city hall you would think they are a skyscraper development firm. Do they do ANYTHING else? Sorry, Garshady; EVERYTHING needs to STOP and we need to address the homeless issue.

Even if you aren't caring or compassionate about homeless people, as a city we can't have encampments on sidewalks, all over. Does Garcetti think the Olympics are going to come here?

It is going to take new and innovative approaches in ways the city is not used to and has never done before. HHH isn't going to be a drip in the bucket in actual number of people off the streets; compared to how many we have (and more are coming). I met a company at a neighborhood council meeting that takes portable shipping containers and converts them into home units. I am IN LOVE with these units; and you can see a video, about them on my website).

All the density of skyscrapers taxes LA's infrastructure, way too much. Water is a limited (and increasingly expensive) resource. They say we don't have enough emergency response/police on the street as it is … and they keep on adding more skyscrapers that allow more people to jam into the area.

I am not of the belief that people are coming here, anyway so we have to keep building more and more and more and more luxury housing to accommodate. The community decides what kind of city they want and we don't want China or Manhattan. It won't work in LA because of geographic layout alone. I wasn't a science wiz but remember "Law of Diffusion." So, stop building skyscrapers and people will have to live their lives in other communities.

Can't have a bunch of millionaires zipping around LA in Maserati's while we the people have to walk in the streets because the sidewalks are filled with tent encampments. STOP THE MADNESS! Vote Yes on S. And Yes on Zuma Dogg!

 

(David (Zuma Dogg) Saltsburg is a candidate for Los Angeles mayor. He has been a community activist in Los Angles for more than 10 years successfully taking on City Hall on numerous occasions. Learn more here.) 

-cw

Why Meryl Streep’s Golden Globe Speech Is So Important in the Trump Era

TRUMP RESPONDS ‘STREEP OVERRATED’--Occasionally entertainment and politics intersect, often hitting a false note. You never want your screenplay to be, as they say in Hollywood, “on the nose.” You have to step sideways away from ordinary news and address some dimension of the human condition to make art.

But in moments of national crisis, stars feel a need to speak out. Nick Gass [[http://www.politico.com/story/2015/02/the-oscars-most-politically-charged-moments-115392 ]]   has reviewed some of the major such incidents at the Academy Awards. Jane Fonda used her moment on the stage at the Academy Awards in the 1970s to denounce the Vietnam War. Marlon Brando declined to appear and had a Native American activist accept for him, making a statement about Indian rights.

Robin Corey tells the story of how in 1978 Vanessa Redgrave was picketed by the Jewish Defense League because of her support for Palestinian rights, and when she won her category anyway, she said, “I think you should be very proud that in the last few weeks you’ve stood firm and you have refused to be intimidated by the threats of a small bunch of Zionist hoodlums whose behavior is an insult to the stature of Jews all over the world and to their great and heroic record of struggle against fascism and oppression.”

Michael Moore denounced the Iraq War.

So we now have another such moment, as Meryl Streep tearfully addressed the stars assembled at the Golden Globes about her anxieties and distress at the advent of the Trump era in the United States. 

She pointed out, as Hugh Laurie already had, that those assembled at the Golden Globes award ceremony (put on by the Hollywood Foreign Press Association) were Hollywood, foreigners, and the press, the very sort of people who have been vilified for the past 18 months by Donald J. Trump. (Laurie had wondered if last night’s ceremony would be the last, as all the foreigners were kicked out of the country).

(Donald Trump responds instantly: Calls Streep ‘overrated Hillary flunky’) 

She pointed out the diversity of the origins of the actors in the room, saying that Amy Adams, Natalie Portman, Ruth Negga, Ryan Gosling and Dev Patel were born abroad: “Where are their birth certificates?” she asked.

The essence of the acting art, she affirmed, is to get inside a character who is foreign to us and make us feel what they feel. “And there were many, many, many powerful performances this year that did exactly that, breathtaking, passionate work.”

She was making two points against the xenophobia, the irrational hatred of foreigners, at the center of the Trump campaign and at the center of his Neonazi fringe, such as the Breitbart thugs. One is that key American industries, including the entertainment industry, often attain their excellence through openness to talent from abroad.

The second is a far more subtle and powerful point, which is that no human experience is really foreign to us as human beings if only we can find the tools to understand it, emotionally and intellectually. She was standing up for her craft, acting, as xenophilic, as involving a love of the foreign, insofar as the falling away of strangeness is the goal of great acting.

Her most powerful intervention, however, referred to Donald J. Trump’s mocking of New York Times reporter Serge Kovaleski, who is challenged by a congenital joint condition.

By the way, the mocking was provoked by Kovaleski’s having stood up to Trump over his false and monstrous claim that large crowds of Muslim-Americans celebrated the September 11 attacks in New Jersey. She called Trump’s antics a “performance” but lamented that it was in “real life.” She thus drew attention to the similarity of the political speech, which spins a narrative and often involves some mugging for the camera or even doing impressions of people, to the actor’s performance. Her complaint is that when Trump bully Kovaleski in public, he gave permission to all Americans to be mean to the weak, to become a nation of goons.

CNN: "Trump mocks reporter with disability": 

Streep is in tears because a Fascist is about to take the helm of our country. And her apprehension over how the tone set by the White House could coarsen the fabric of everyday life is well-placed. Her call on the press to confront these tendencies may be a bit forlorn. The television media, at least, appear to view Trump as a cash cow because he attracts eyeballs, which allows them to earn more from advertising.

But I think the situation is even more dire than just a president who encourages bullying by example. I think there is a danger that Neo-Nazis and Klansmen and other such gangs may start beating up Jews, and Muslims and Latinos and African-Americans. I think there is a danger that Attorney General Jeff Sessions will encourage this racialized violence, and that local police will be encouraged to wink at it. I fear a tear in the fabric of the rule of law. Fascism doesn’t begin with a big military machine, it begins with gangs of brutes.

Ms. Streep left us with the most wonderful advice, relayed from the late Carrie Fisher: “the dear departed Princess Leia, said to me once, take your broken heart, make it into art.”

Art yes. But also resistance.

(Juan Cole is the Richard P. Mitchell Collegiate Professor of History at the University of Michigan and an occasional contributor to CityWatch. He has written extensively on modern Islamic movements in Egypt, the Persian Gulf and South Asia. This post originally ran on Juan Cole’s website.)

-cw

METRO Goes NASCAR … Welcomes Corporate Sponsorships

DEEGAN ON LA-Is METRO mocking us? The regional public transportation giant that moves tens of thousands of people across Los Angeles every day, says that the recent voter approval of Prop M, and the billions of annual tax dollars it will bring to them forever (there is no sunset for this special tax) is not enough. They say Prop M is just for construction and not operations. We need more money from some other source to help keep fares down, they plead. Otherwise, it seems, transit riders may be asked to help make up the difference through fare increases. 

Coming out of their December board meeting, Metro directors want us to believe they must have what they call a Property Naming-Corporate Sponsorship Policy” and the sales from it to help pay their operating expenses. 

This presents an interesting dichotomy: wealthy corporate interests splashing their names all over transit “products” in a pay-to-play scheme on one end, targeting mostly Latino and Black riders on the other end. Metro’s latest Biannual Onboard Survey” indicates Latinos make up around half of all bus and train riders, with Blacks making up about one quarter. So, 75% of all riders fit a specific ethnic profile that is attractive for advertisers and corporate sponsors. These leading racial groups, as well as other transit riders, may be asked to pay higher fares if other sources of revenue like corporate sponsorships are not available. 

For Metro, a public agency stewarding a public resource, to activate the sponsorship program could trigger a slippery slope leading to the crass commercialization of an otherwise very good public transit system. Leveraging corporate branding by condescending to minority riders, telling them that it will save them a rate hike, is bad policy and bad public relations. 

Here are the naming rights Metro says are up for grabs in the categories of Facilities, Transit Services, Programs, and Events:

  • rail or bus stations
  • parking lots and parking structures
  • maintenance buildings and structures
  • the Metro headquarters building in downtown Los Angeles
  • light and heavy rail lines
  • bus service lines and routes
  • transit way service lines and routes
  • established Metro-operated efforts/initiatives for the benefit of customers and communities
  • seasonal, annual or one-time events led and initiated by Metro 

Apple paid the Chicago Transit Authority almost $4 million several years ago to refurbish the Clybourn Red Line station that, coincidentally, happened to be the location of the new Apple store. In fact, the new plaza for the subway platform connects directly with the Apple store, giving riders the opportunity to exit the train and enter the store within just a few feet. While Apple hoped for the stop to be renamed the “Apple Red Line” stop the city demurred, offering instead the right of first refusal if they ever decide to sell naming rights to stations, which so far, they have not. No other major city, admits Metro, has gone even as far as the platform deal between Chicago and Apple. 

Los Angeles, a leader in so many ways, does not need to take the lead in this form of commercialization by giving corporations naming rights to our transit system 

Hopefully Metro will learn from the public beating and disastrous lesson suffered by the Department of Recreation and Parks last summer, when they authorized a hip hop clothing manufacturer to receive naming and logo placement rights to a basketball court that the hip-hoppers would build in Runyon Canyon Park. Like Metro, Rec and Parks is seeking additional revenue through corporate sponsorships, but is now taking a much harder look at the consequences. They cancelled the b-ball sponsorship deal after a huge public and political outcry. 

Metro directors may want to take some time to reflect on David Foster Wallace’s brilliant and sometimes satirical novel Infinite Jest” about a dystopian near-future in which each calendar year is sold off to corporate sponsorships, including the “Year of the Trial-Size Dove Bar,” the “Year of the Whisper-Quiet Maytag Dishmaster,” and the “Year of the Whopper.” 

Let’s hope that 2017 doesn’t become the “Year of the Jumbo Mistake by Metro.” 

(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.

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