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Thu, Dec

Former LA Councilman Alarcon: Like Trying to Get Rid of Flypaper, Voter Fraud Charges won’t Go Away

THIS IS WHAT I KNOW-Voter Fraud. Talk about two words we never again want to hear mentioned in the same breath. However, an LA County Superior Court Judge, George Lomeli, ruled last week that the former LA City Councilman Richard Alarcon and his wife could still face voter fraud and perjury charges – this, while encouraging both sides to resolve the case, perhaps moving to a misdemeanor conviction. Judge Lomeli’s ruling comes months after their felony convictions were thrown out by an appeals court panel. 

The heat was turned up a bit as Alarcon announced he was challenging Rep. Tony Cardenas (D-Los Angeles) in the 29th Congressional District within weeks after his conviction was overturned. The caveat is, if he is convicted of a felony in a retrial, he’ll be barred from holding elected office under California law. It seems Alarcon is putting the whole thing on hold, as he hasn’t been actively campaigning. A misdemeanor conviction, however, would still allow Alarcon to hold elected office. 

A bit of backstory: Most of this hinges on residency claims. Prosecutors charge that Alarcon and his wife, Flora Montes de Oca Alarcon, lied about their residence to allow Alarcon to run for LA City Council. Per California Elections Code, candidates must actually reside in the district they aim to represent. Alarcon was termed out as a councilman in 2013. 

Alarcon ran to represent Panorama City while living in Sun Valley, which is in a different district. The defense attorneys for the Alarcons stated the couple had been staying temporarily in the Sun Valley residence during renovations of their Panorama City home and had planned to return once construction was finished. That excuse might have seemed plausible if Deputy Dist. Atty. Michele Gilmer hadn’t presented blueprints for turning the single family residence into a multi-unit complex. To top things off, a police officer testified about a squatter who moved in and even changed the locks. 

The jury wasn’t buying and Alarcon was convicted of three voter-fraud charges and one perjury charge while his wife was convicted of two voting charges and one perjury count. The couple was acquitted on other charges. Alarcon did his time under house arrest and his wife did community service, but the couple appealed. The conviction was overturned by an appellate panel that concluded there were improper jury instructions concerning residence requirements by Lomeli. A new hearing date is set for January 27. 

We’ll keep you posted.

 

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

Charter School Movement: ‘Insidious Plan’ to Take Over Public Education

GUEST COMMENTARY--David Leonhardt says: “Charter schools -- public schools that operate outside the normal system -- have become a quarrelsome subject, alternately hailed as saviors and criticized as an overrated fad.” There is no such thing as public charter school. Period. And, they are certainly no “fad,” but rather, a ploy to end our public school system. 

It is propaganda about “public” charter schools that confuses the public. Our citizens are unaware of the plan and the ploy by the Educational Industrial Complex to end public schools by starving their budgets, using bogus tests to label them failing and then hand them over to those who want to do so much more than just make a fortune. 

I read and admire the writing of David Leonhardt, but it is outrageous, that once again, the New York Times perpetuates the absolute false notion that there are Public Charter Schools.  

Giving taxpayer’s money to charter schools that lack transparency and regulations does NOT make them PUBLIC SCHOOLS, and yet, this ploy is on the ballots in Massachusetts, Georgia, Pennsylvania and many states. 

Do not pretend that your paper is printing all the “news that is fit to print,” when you consistently promote the end of public education instead of printing the stories that could make our schools strong again. Make America great again by bringing back our schools so an ignoramus like Trump will face a nation of educated, skilled, working people who love democracy! 

 I have been an educator for four decades and I now write at Oped News and on the Diane Ravitch blog about the takeover of the institution of Public Education.  

Dr. Ravitch wrote, How Not to Fix Our Public Schools-Reign of Error: The Hoax of the Privatization Movement and the Danger to America’s Public Schools,” and you [LA Times] have  published her editorial, but you have learned nothing about the plan to takeover our democracy by  doing what every  dictator (and even the Saudi’s know)  get the children when they are young -- because they are not kids for long; soon they will be citizens who vote. 

The insidious plan is to let people like these guys rewrite history. “Get ’em young”… as they are doing in North Carolina, where the Koch Bros want to write social studies curricula.  

Read the Ravitch blog: Civics Lessons Financed by the Koch Brothers” | Diane Ravitch’s blog and you will see the end of public education.  

They also know that Democracy depends on shared knowledge, and they know how to end real knowledge by simply taking over the 15,880 school systems, and make sure the newspapers and media spit out lies.   

Fifty-two states and almost sixteen thousand separate school systems make it so easy for the puppet-masters who own all the media in this nation to hide this assault on American democracy, and the only road to income equality. 

We saw how privatizing heath care affected our people while enriching the corporate big pharma! 

There is a ton of money to be made when the salaries and benefits of experienced professionals are removed from the budget. Take the experienced professional out of a hospital and watch it fail, too. 

Yes, the hedge funds love charter $chools. Look at what the California Billionaires are doing to privatize education and be aware that this is a worldwide takeover of education by the oligarchs who know that taking over the education system wins the battle to take over any nation. This article by Justin Miller in the American Prospect seeks to demystify the strange confluence between hedge fund managers and the charter school movement. 

This is a great discussion, in which Amy Goodman of “Democracy Now” interviews Juan Gonzalez of the NY Daily News about the big money pushing charter schools. The discussion is based on this article.  

Look at the scam of “virtual” charter schools. Ariana Prothero writes in Education Week about the “Outsized Influence” of lobbyists for the virtual charter industry. 

Or, go to my series on privatization, using information that Diane Ravitch provides about the state legislatures which are taking over the local schools, with nary an educator on board, and giving them to charters, with not a shred of oversight! Here is a link to Diane’s posts on charter school corruption.  

(Susan Lee Schwartz has been an award winning public school teacher for decades. She is currently a freelance travel writer and photographer, but I also write widely, about real education reform in order to change the national conversation to where it needs to be. This was originally published as a letter to the Los Angeles Times.) Edited for CityWatch by Linda Abrams.

 

Why the Hefty Credit Card Fees on LA County Property Taxpayers?

DUNNING THE PROPERTY OWNERS-Those who didn’t pay their LA County property taxes on time -- the deadline was Tuesday -- have until 11:59 p.m. on December 10, when at the stroke of midnight, a 10% late fee will snap shut on them like a trap. 

In LA County, property taxes can be paid with a credit card, and many Angelenos struggling to make ends meet make use of that option, however fraught with costs and hidden risks it may be. 

LA County is not to blame for those risks and costs. But it is to blame for the fact that Angelenos who pay their property taxes with a credit card get charged a fee equal to 2.1% of their tax bill by the company which processes those payments. On a $5,000 tax bill that comes out to $105, not including the $5.95 fee.  

On what grounds can such an exorbitant fee be justified? It’s not the contractor who bears financial risk by processing tax payments. It’s the credit card companies.  

Why should the dollar amount of a tax payment affect the cost to process that payment? It obviously doesn’t, which is why the County’s arrangement with Fidelity Information Services, LLC, the company which charges -- and keeps 100% of the high fees -- needs rethinking.  

It doesn’t take a math whiz to figure out that Fidelity Information Services, LLC is making a fortune off its “nice work if you can get it” arrangement with the County.  

Time to renegotiate

 

(Eric Preven is a CityWatch contributor and a Studio City based writer-producer and public advocate for better transparency in local government. He was a candidate in the 2015 election for Los Angeles City Council, 2nd District. Joshua Preven is a CityWatch contributor and teacher who lives in Los Angeles.) Prepped for CityWatch by Linda Abrams.

The Z-Man’s Election Special: Campaign 2016

RANTZ & RAVEZ--While you are considering the Presidential race between Hillary Clinton and Donald Trump, don’t forget the many important issues that will impact your wallet on a local level here in Los Angeles City and County.   

The time has come to end the discussions and torrent of TV Ads and piles of campaign literature and all political mail and select the people we want to be our next President and Vice President; Members of the United States Senate and Congress as well as our California State Senators and Assembly members. Then there are the other items on the ballot. Like the Four Judicial Offices (who knows anything about any of them) and 17 State Measures, 2 County Measures, 1 Community College Measure and finally the 4 Los Angeles City Measures. 

I have reviewed all the items including the 223 page Official Voter Information Guide from my friend Alex Padilla, the California Secretary of State. I have my selection of endorsements. Since I am concerned with electing people that will work for all Republicans and Democrats and Independents, my endorsements cross-traditional Red and Blue party lines. In the end, we are all American and deserve to have elected officials that represent and care for all of us. I have not received any consideration or compensation for any of the selections. I truly believe that our votes should be for the betterment of our city, county, state and America. 

President and Vice President……Your Choice of Hilary Clinton / Tim Kaine or Donald Trump / Michael Pence. Since there has been so much controversy and discussion about the Presidential Office, I leave that one up to you to select. I know who I am voting for and believe that after all the research I have done I am selecting the person I believe can bring America to a new arena of Progress and Hope. I am reluctant to use the terms Hope and Change since I don’t believe that has really worked for America during the past 8 years. Is America Great or not so Great? I believe that America is the land of opportunity and promise for those that work hard and pursue their dreams. I pray that all parties in America can unite for the good of ALL people.    

Now for the United States Senator from California.    This is a critical position for many reasons. While President Obama is doing TV Commercials for California Attorney General Kamala Harris, that tells me something about her connections with Washington D.C. On the other hand, the other candidate is current Congresswoman Loretta Sanchez. Both of these candidates are Democrats and my bet is on Harris. In examining the track record of both candidates, Harris has accomplished a number of significant programs while Sanchez does not have any real claim to fame for all her years in Congress. 

As for your State Senator and Member of the State Assembly, each district has different candidates. In my district I am supporting former Reserve LAPD Officer and business owner Steve Fazio. My selection for Assemblyman is Matt Dababneh. I know both of these candidates on a personal level and can attest to their dedication to the people of their respective districts and the people of California. 

The Judicial candidates are usually very confusing to most voters. Since voters are not generally involved in court matters, your knowledge of the Judicial candidates is very limited. With the Slates of Candidates that are mailed to your homes, you can read a few words and not know the true story about the candidate. I have done my homework on the Judicial candidates running for offices 11, 42, 84 and 158. I know two of the candidates personally and have done research on the other two. I can attest to their qualifications and ability to be honorable Judges of the Superior Court.   

Office 11. I am voting for Debra R. Archuleta. Debra is currently a Deputy District Attorney and well qualified for the position of Judge. 

Office 42. Efrain Matthew Aceves is my selection for this office.     

Office 84. I am going with Susan Jung Townsend. Susan is also a Deputy District Attorney. She is most qualified for the position of Judge. 

Office 158. Kim L. Nguyen. Kim is a Deputy Attorney General and my pick for this Judicial office. 

Now we have the State Measures ...

 

  1. NO. School Bonds. Funding for K-12 and Community College Facilities.  This measure will last for 35 years and cost us approximately $17.6 Billion Dollars.     
  1. NO. Medi-Cal Hospital Fee Program. Uncertain Fiscal Impact. 
  1. YES. Revenue Bonds. Requires approval from voters if Bond exceeds $2 Billion. 
  1. NO. Prohibits Legislature from passing any bill unless published on the Internet for 72 hours before the vote. Note…We elect our state representatives to do a job for us. This measure will cost millions to maintain and is not necessary.   
  1. NO. Extends by another 12 Years a former temporary Tax extension to fund Education and Healthcare initiative. This temporary tax was enacted in 2012 and set to expire in 2019. This measure will extend the tax until 2030. This is all about truth in government. TEMPORARY means TEMPORARY!     
  1. YES. Cigarette Tax. If you smoke, I am sure you are opposed to this additional tax. If you are a non-smoker like me, you most likely will vote YES.   
  1. NO. Criminal Sentences, Parole and Juvenile Criminal Proceedings and Sentencing. This measure will continue the release of Criminals in our Penal System. This will lead to more crime and a negative impact on society.     
  1. Yes. English Language Proficiency will be a requirement in schools. 
  1. NO. Corporations and political spending and Federal Constitutional Protections. 
  1. Yes. Adult Films, Condoms and Health Requirements. 
  1. NO. State Prescription Drug Purchases. Pricing Standards.   
  1. NO. Death Penalty. Repeals the Death Penalty. With all the murders of civilians and police officers, we need to continue the enforcement of the Death Penalty. 
  1. Yes. Firearms and Ammo Sales. This measure will require a background check to purchase ammo. Additional Firearms restrictions are contained in this measure. 
  1. Up to youMarijuana for recreational use. If you like to get high, you will vote yes. There are some serious consequences with the legalization of Marijuana. DUI Marijuana and related public safety matters.      
  1. Yes. Carryout Bags and Charges. When bags are sold in stores, the money will be required to be used for environmental projects. 
  1. Yes. Death Penalty Procedures. Streamlines the Death Penalty procedures to avoid the current years long delays. Prison savings will amount to tens of millions of dollars annually. 
  1. NO. Unless there is a local ordinance, Plastic Bags will be provided free of charge to consumers.    

County Measures 

A.  NO. This measure will provide another tax increase on your home and business property. The measure calls for a 1.5 cents to be levied annually per square foot of improved property in all of Los Angeles County.  

M.  NO. This measure will increase the sales tax in all of Los Angeles County to at least 9.5 cents on all your purchases forever. There is no sunset clause in this measure. Some cities will be over 10 cents on all purchases. This measure is also being pushed to create over 465,000 jobs. How many of those jobs will be administrative? 

While we have massive traffic congestion in Los Angeles County, this is not the answer. Near $10 BILLION DOLLARS was sent on the 405-freeway improvement. Not much improvement to date. Combine this tax increase with the other ones being pushed for the November 8 election and your spendable cash will all be gone soon. 

Many of the proposed projects will not be completed until 40 years from now! While driverless cars are being developed along with battery operation vehicles, there is no vision in the future for this proposal.      

School 

CC.   NO. Los Angeles Community College District

The Community College District received increased funding a few years ago. Major improvements were completed and continue to be made at Community College Campuses. Valley College is still experiencing major construction along with many of the other campuses. This bond measure of $3,300,000,000 is not necessary.      

Los Angeles City 

HHH.   NO. This is another tax increase for Los Angeles residents. It calls for a $1.2 BILLION Dollar bond measure that will result in an increase in your property taxes. The funds are expected to be used for the Homeless population. Many homeless don’t want to reside in apartments or other structures. 

JJJ.   NO. This is the Affordable Housing and Labor Standards related to city planning. 

While this initiative may sound good, it will not bring about any significant affordable housing to Los Angeles. It will increase the cost of any housing that is done in Los Angeles.   

RRR.  NO. This is just another scam on those of us that pay for water and electricity with the DWP. The number of commissioners will increase to 7 members that will be PAID for their services. When the Rate Payer Advocate was established a few years ago, that was designed to improve the services and operations at the DWP. In the end, the Rate Payer Advocate cost us all more money with little positive results.   There is also a discussion about moving from a two-month bill to a monthly bill for DWP services. That is expected to cost $19,000,000 to begin the change and a recurring cost of $4,000,000 annually. RRR is a bad idea and should be defeated.  

SSS. Yes. This measure will permit newly hired Los Angeles International Airport Police Officers to join the City of Los Angeles Fire and Police Pension System. It will also permit current LAX Police Officers to join the Fire and Police Pension at their own expense. 

There you have it. I hope this assists you in understanding of the many items on the November 8, 2016 Ballot.

(Dennis P. Zine is a 33-year member of the Los Angeles Police Department and former Vice-Chairman of the Elected Los Angeles City Charter Reform Commission, a 12-year member of the Los Angeles City Council and a current LAPD Reserve Officer who serves as a member of the Fugitive Warrant Detail assigned out of Gang and Narcotics Division. Disclosure: Zine was a candidate for City Controller last city election. He writes RantZ & RaveZ for CityWatch. You can contact him at [email protected]. Mr. Zine’s views are his own and do not reflect the views of CityWatch.)

-cw

‘The World as We Know It has Ended’

GELFAND’S WORLD--The world as we know it has ended. The Cubs won the World Series. So said one Facebook commenter known to me only as Joel's cousin, and I don't even know Joel. But the night of November 2, 2016 links people across the states, the continents even, in our celebration of the assertion that the impossible can happen. I mean, Halley's comet had already appeared twice since the last time the Cubs won the Series. 

Was this victory unlikely? Well, as one of the most famous statisticians in the world pointed out a couple of days ago (back when the Cubs were down in games by 3-1), the likelihood of the Cubs winning the Series was less than that of Trump winning the presidency. Perhaps this comparison ought to make us a little nervous. 

Then again, we could look at it another way: What was the statistical likelihood of both the Cubs winning the Series and Trump winning the presidency? The odds of both things happening in the same year (or at all) must be incredibly low. So now, with the Cubs winning, it must be practically impossible for Trump to win. It's like Garp's comment in The World According to Garp: "We'll take the house. Honey, the chances of another plane hitting this house are astronomical. It's been pre-disastered." 

This victory undermines the basis of our civilization. As another pundit argued (also when the Cubs were down 3-1), it was a big relief that the Cubs were losing, because in threatening to win the Series, they were endangering something precious. After all, there is the Chicago spirit to conserve -- that is to say, the morbidly depressed view that whenever hope arises, it is destined to be dashed on the rocks below. It must be useful to have some fractional part of each civilization holding that point of view, lest the rest of us become reckless. The Cubs were endangering this foundational principle of our society. 

The 7th game: At first (or in the 8th inning, anyway), the Cubs looked like they were going to respect that 108 year old tradition. They built up a 6-3 lead and then squandered it by giving up 3 quick runs. 

Hope. Rocks below. Morbid depression. 

It was game tied at the other team's ball park on a cold, rainy night with your best pitchers looking worn out and ragged. 

It looked like the Cubs of old had returned. And then they had to go and destroy a tradition older than the 20th century (which, after all, was only given 100 years), a tradition that went back to monarchial rule over Europe and Asia, wooden airplanes, Giacomo Puccini, and Billy Goat's curse. All lost to history now. About all we've got left is Halley's Comet, and it's not due till the 2060s. 

Here's another odd item. The winning pitcher in the championship game of the 2016 World Series will go down in history as Aroldis Chapman. He came into the game with a solid lead and a runner on base, which means the victory would have gone to another pitcher if Chapman could have held. But he gave up the run (charged to the previous pitcher) and then a couple of his own to leave the game tied after the regulation 9 innings. Because the Cubs scored a couple of runs in the top of the 10th, Chapman gets credit for the win. Vin Scully used to dwell on the pitcher's status. Think of how many times we heard him say about a departing pitcher, "He could win it, could lose, or could have nothing to do with it." All of those were possibilities for Chapman when he entered the game, but who would have predicted the W? 

Addenda 

1) As I've mentioned here before, I started internet writing by doing analysis of the media, including newspapers and talk radio. At the time, Rush Limbaugh had made a name for himself by claiming that the mainstream media were biased against conservatism and in favor of liberalism. The term media bias became part of the language, and is repeated by right wing bloggers as if it is obviously true. In retrospect, mainstream media bias was no more nor less than an instinct to tell the truth once in a while about racial bias in our broader culture. Apparently it was also considered media bias when newspapers and television stations mentioned, however fleetingly, the argument that church and state are separate in our republic. 

I think it's obvious that whatever existed back then, media bias has swung badly in the opposite direction the past few election cycles. The mainstream media have failed to expose the nonsense behind supply side economics, no matter how many times politicians claim that a tax cut on the rich will stimulate the economy. The media also should have been pounding on Trump's penchant for lying from the beginning. Of equal importance, Trump's propensity for respecting and hanging out with bad guys, whether foreign tyrants or local mafiosi, was slow to emerge and even now is undercovered. The one thing we can credit the media for, Trump's sexual predation, was originally brought up by a Fox News personality during a presidential debate. Apparently you can get to the media by talking about sex, no matter which side the candidate. 

There is one exception to this story. The late night comedy shows are taking every chance to drill Donald Trump. Stephen Colbert and Seth Meyers are doing their best to make him into a laughingstock. They are two of the more visible faces of two of the biggest on-air networks. 

The biggest difference between then and now is the development of the internet as a major source for public opinion. It's become the office water cooler of the modern age. 

2) Here's to Jessica Rosner, film history expert and long-time Cub's fan. I can remember you wearing that Cubs hat at film festivals over these many years. Congratulations. You finally did it. 

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

-cw

More Election Thoughts and a Little Re-Thinking: Props, Initiatives and Some Great Candidates

WORDS FROM THE BUTCHER SHOP-Recently I wrote in support of Proposition 62 to repeal California’s death penalty in the name and memory of my murdered son, Matthew Benjamin Butcher (March 17, 1983 – June 24, 2010). The support and love I have received as a result of this expression of opinion, This Mother of a Murdered Son Says: ‘Repeal the California Death Penalty’ by Voting YES on Prop 62  is surprising, humbling, and overwhelming. 

Within the Butcher family, there is deep division of opinion on the topic of the death penalty. I love that! Don and I are both originally from New York and New Jersey and we raised our kids to argue as a way of life. 

Since publishing my recommendations for the state initiatives, my son Steven Butcher has changed my voting recommendations on two of the props. I should have asked him about Prop 54 to begin with -- he's more knowledgeable than I about these things these days. His winning argument? I said “gut and amend.” Really? When he said, “Yeah, but good stuff sometimes happens at end of session that otherwise might not if it had to wait 72 hours.” He raised several other points that made good sense, closing with, “Plus, Jackie Goldberg's against it.” The kid still knows how to win an argument with me! 

No on 60, he says, as well. The industry is already closely regulated, and the San Fernando Valley is in danger of losing jobs to New Hampshire. Good points. I’ve changed my recommendation on that one as well. 

On Prop 51, I easily convinced him that while $9 billion in school bonds would be a great thing, it’d be better if they pass locality by locality rather than statewide (like Measure CC in LA and Measure O in Riverside, for instance.) That way the wealthier districts don’t get funding ahead of more needy school districts likely disadvantaged by a seemingly fair “first come, first served” schema. 

We have joyfully survived “the Move.” Note that I’m writing now from La Crescenta, 10.7 miles from “the kids” and “the baby.” Fifteen minutes up the 2. That’s us, here in Grandparent Heaven. 

Who knew there’d be ancillary political benefits fun enough to make me smile when I our absentee ballots arrived just as we did? 

First, I know Ardy! Ardy Kassakhian is a sincere, good man and I couldn’t be happier to cast a vote for him for Assembly. Ardy and I got to know each other as cohorts in Coro’s 2011 Executive Fellows program. He is driven by love, by service, and by the love of service and I know him to be thoughtful, visionary, and genuine. Plus I always love those candidates originally from the localest of government. 

I’ve known Anthony Portantino for a long, long time and he’s gonna be a phenomenal State Senator. The union formerly known as Local 347 vetted, tested, and supported Portantino like a Brother, and he worked hard for workers in local government and in the Assembly. Anthony Portantino is one of those few rare birds – an honorable, decent, and wise elected official. We’re happy to cast two Butcher votes for him here in our new home. (Never moving again, not ever!) 

Casting a gleeful YES vote for LA County Measure M, hoping LA can begin to fix its past transportation snafus. The word “infrastructure” is my own personal drinking game word. Imagine tons of infrastructure and transportation spending? Cool, huh? 

And finally, I was delighted to vote for Kathryn Barger for LA County Supervisor.  (Photo above.) When I was briefly assigned to the County part of the Union, Kathryn, personally and formally, welcomed and helped me. She’s smart – a badass who knows how to get things done. She will be an amazing part of Los Angeles County’s Board of Supervisors!

 

(Julie Butcher writes for CityWatch, is a retired union leader and is now enjoying her new La Crescenta home and her first grandchild. She can be reached at [email protected] or on her new blog ‘The Butcher Shop- No Bones about It’ Edited for CityWatch by Linda Abrams.

Jaw, Jaw, Jaw about Los Angeles Initiative JJJ

PLATKIN ON PLANNING--In response to a recent email for my take on Los Angeles Initiative JJJ, I explained why I continue to oppose it. (For those overwhelmed by this election’s ballot, JJJ calls for a small percentage affordable units in market projects, which would be constructed through local and union labor.) 

My reply: 

Dear T., the JJJ Initiative for inclusionary housing appears to be a remarkable advance in a backward city like Los Angeles. But first impressions can be highly misleading. This is because JJJ is so tainted by loopholes that it will only result in a tiny fraction of the affordable housing units it supporters envisage. In fact, I fully expect that if LA voters adopt JJJ, some new apartment buildings will not contain any affordable units or employ more than a token number of unionized or local construction workers. 

These are JJJ’s unfortunate loopholes, as Jill Stewart previously exposed in City Watch

1) The “We don't think this developer is making enough profit” loophole.

Under JJJ, developers’ projects can be spot-zoned and spot-planned as long as they include some affordable housing. But, the City Council can declare the developer is not making “a reasonable return on investment” and then undo the affordable housing requirement. (JJJ Section 5, A, g) 

2) The “Forget about building affordable housing; just pay City Hall an in-lieu 'fee'” loophole.   Under JJJ, no affordable units need to be built inside these new towers, as long as the developer pays an “in lieu” fee. This in-lieu amount is unknown to voters since it will be determined after the election  by the developer-friendly City Council. (JJJ Section 5, A, b3.) 

3) The “Forget the affordable housing, forget the fee, just pay a 'surcharge'” loophole. Under JJJ, developers can refuse to pay the in-lieu fee, and opt for a Deferral Surcharge whose price will also to be later set by the City. This Deferral fee amount, unknown to voters, does not have to be spent on affordable housing. The City Council could divert this revenue to pay city employees for running any housing-linked program. (JJJ Section 5, A, c2) 

4) The “L.A.'s Affordable Housing Trust Fund is a piggy bank” loophole. Under JJJ, the city's Affordable Housing Trust Fund does not have to be spent on affordable housing. The fund could be diverted into: “such other housing activities as that term shall be defined.” (JJJ Section 5, B, c) 

5) The “We say we'll create local jobs, but not a single local hire is required” loophole. Under JJJ, contractors need only “make a good-faith effort” to hire people living within five miles of a proposed massive luxury complex, a toothless and meaningless standard that will never be met. (JJJ Section 5, A, g). 

What then can be done? 

As you might know, I am an active supporter of the Neighborhood Integrity Initiative (NII), which has a totally different take on planning issues than JJJ.  If LA’s voters adopt the NII on March 2017, unlike JJJ it would bar the City Council from spot-zoning and spot-planning individual parcels unless they contained 100 percent affordable units. This would, therefore, stop all plush housing ventures in Los Angeles because they would remain illegal high-rise luxury proposals until the City Council legalized them through parcel-specific spot-zones and occasional General Plan Amendments. Even if these high-rise luxury projects contained a small percentage of affordable units as a deal sweetener, the City Council could no longer wave its magic wand to permit them. 

In contrast to JJJ, the Neighborhood Integrity Initiative also forces the City of Los Angeles to expeditiously update its entire General Plan, including the 35 Community Plans that comprise its Land Use Element. This Update process would then be based on mandatory evening and weekend meetings held in every part of Los Angeles.  This consultative approach will ensure that the new General Plan answers three parts of the affordable housing quandary: 

  • Which Los Angeles neighborhoods have the greatest need for affordable housing?
  • Where in Los Angeles is the greatest amount of parcels that could support by-right or density bonus affordable and low-income apartment projects?
  • Where is the existing network of public infrastructure and services sufficient to support greater population density? 

Once this General Plan update process takes off, I then expect the Neighborhood Integrity Initiative team to become a permanent watchdog body. Through careful monitoring of this voter-approved ordinance – and legal action when necessary -- the watchdogs will ensure to that the new General Plan’s elements are properly updated, implemented, monitored, and fine-tuned. 

But, some housing activists support JJJ
This is what I also replied to someone else who wrote me about JJJ. She pushed back hard against my critique and argued that since many affordable housing corporations and activists support JJJ, it deserves our votes. 

These supporters are, in my view, extremely well intentioned people. But, I nevertheless think they are mistaken. They have reached a point of total desperation because the government programs they once relied upon to build affordable housing ended up on the public policy scrap heap. So, without any other obvious alternatives, they are hoping against hope that JJJ, despite its crippling loopholes, will miraculously work. It will overcome the odds to build a modicum of affordable units by piggy-backing them on spot-zoned luxury projects, or it will recharge LA’s empty Affordable Housing Trust Fund through in-lieu payments. 

In effect, they have thrown in the towel on the public sector housing programs that once sustained affordable housing and that are the only real solution to the housing crisis now gripping every county in the entire United States.

As I have repeatedly written in CityWatch, the affordable housing crisis hammering Los Angeles since the Bradley Administration stems from the gutting of Federal housing programs. These cutbacks began during the second Nixon administration and culminated in the 1980s. Since then, one administration after another has never wavered. When faced with massive problems of homelessness, overcrowding, and affordable housing, from the White House to City Hall, they have resorted to the same old unsuccessful market-based housing programs. Their marketing campaigns succeeded, even though their products consistently failed. 

Unfortunately, these market incentive approaches, such as JJJ, are urban myths. As much as we might wish upon a star that they would work, they have not, cannot, and will not ever provide more than a small fraction of the affordable housing needed in this country. The reason is simple; the private market is governed by profit maximization, and the profits exist in market housing, especially luxury housing, not in affordable housing.

My conclusion: if the government does not build or heavily subsidize affordable housing, it does not get built. This point needs to be made again and again, especially when our developer-friendly elected officials foist real estate speculation as the secret sauce of affordable housing. 

Luckily, in this election there is an interim solution, Initiative HHH. It would directly involve the City of Los Angeles in the construction of supportive housing for the homeless, until the only real solution emerges, the restoration of publicly funded and operated affordable housing programs.

 

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

-cw

Handy Dandy Election Brief: Read What You Need … In 4 ½ Minutes

EASTSIDER-This weekend, I finally took a look at the General Election Voter Information Guide (222 pages), and the Special Municipal Election Voter Information Pamphlet (96 pages). It immediately occurred to me that unless you are a very heavy political junkie, the odds of any voter actually reading the combined 318 pages of information before making a decision as to how to vote is about as likely as Jose Huizar voluntarily resigning his job as Chair of the PLUM Committee. 

So I decided to take on the task and report my findings prior to the actual November 8 physical election date. I will give you my analysis of each measure, what it really says, and how I am personally voting and why. Hopefully this will help some voters who go to the polls on Election Day make up their minds as to how they will choose to vote. 

Feel free to check this article against your sample ballot, or print and take to the polls. A lot of these issues are literally life and death. Of course, some are horse puckey. 

Without further ado, here goes. 

LA MUNICIPAL MEASURES 

1) HHH - Homelessness Reduction and Prevention, Housing, and Facilities Bond 

This one is what it says, sort of. Buried in the seven pages of fine print, the $1.2 billion in bonds are to be funded by an increase in property tax on residents of the City. The funds are to build housing for the homeless. 

I have Neighborhood Council friends on both sides of this issue, and it is a passionate debate indeed. My personal take is that, first, the City let the developers throw people out of affordable housing, and now that many of them are on the street, they want us to pay the same developers to build housing for the homeless. Seems nuts, so I’m voting NO. 

On the other side, there is no question that homelessness is a serious and growing problem. Whether these bonds would actually have a significant impact on it seems to depend on who you talk to. Your call. This one requires a 2/3 vote to pass. 

2) JJJ - Affordable Housing and Labor Standards Related to City Planning, Initiative Ordinance JJJ 

This is an Initiative matter, which means that it was put on the ballot by getting enough signatures and bypassing the legislative system. It consists of some 24 pages of very dense language dealing with the building of projects with 10 or more units, and guaranteeing General Plan amendments/zoning changes for projects that meet the detailed criteria of the initiative. 

Although its name does not appear on the FOR argument, the initiative was largely sponsored by the LA County Federation of Labor and the Building Trades. You will not be surprised that the Chamber of Commerce is on the NO side. 

The good news is that the initiative would restrict the City’s ability to sell us out on General Plan amendments and zoning changes. The flip side is that the cost of building these projects would go up, as they would have to pay “prevailing wage.” It also creates an “Affordable Housing Trust Fund,” and has a lot of details in the text too complicated for my summary. 

Again, I have friends on both sides of the issue. Personally, I am going to wait until March of next year for Jill Stewart’s Neighborhood Integrity Initiative, which is a comprehensive and cleaner fix for the City’s planning process. I also find the City CAO’s representation on Fiscal Impact that “this initiative is not expected to result in any additional cost to the City or taxpayers” to be disingenuous puffery. 

This measure requires a simple majority vote. 

3) Charter Amendment RRR – DWP 

This amendment to the LA City Charter would modify the composition and authority of the Department of Water and Power in relationship to the City Council and the Mayor in a whole variety of ways. While the language of the amendment is “only” 11 pages in length, the references and list of ordinances which are mentioned in the ballot language are so indeterminate and unforeseeable as to make a rational judgment impossible. 

It is also the one municipal ballot measure that I unhesitatingly recommend a NO vote on. In a recent post to CityWatch indicating “Don’t Even Bother To Read The Ballot Arguments,”  the basis for my claim is that I can’t find a single compelling goodie for us the ratepayers in the entire proposal. It does require monthly billing instead of the current bi-monthly system, but that doesn’t change what we pay at all. And I’m a “when in doubt, vote no” kind of guy. This measure requires a simple majority vote. 

4) SSS - City of Los Angeles Fire and Police Pensions, Airport Peace Officers 

This one is relatively simple. Currently, the Airport police are in the same City pension plan as are most City employees. They want to get into the very sweet (and expensive) Safety Retirement System that the City has for police (LAPD) and Firefighters. 

The proposal is that all new hires would automatically go into the LA City Fire and Police Pension fund, and also allows all current LA Airport police to “buy into” the fund. Finally, it would allow “new Airport Police Chiefs who are not already members” to enroll in the LAPD/Firefighter pension plan. 

Unlike tax measures, this one can pass by a simple majority vote. However, the fiscal impact to the City is estimated at 14% to 19% more than if the employees were to stay in their current retirement system. 

While your mileage may vary, I’m voting NO on SSS. The basis for my vote is that if we the voters want “real” LAPD cops at the Airport, then we should hire LAPD police officers, not allow a pension goodie to folks who, as far as I know, never were, or are, people who have gone through the LAPD’s rigorous hiring and training process. 

STATEWIDE GENERAL ELECTION PROPOSITIONS 

Wow! Seventeen Propositions in a staggering 222 pages. Are you going to read all of this stuff? I thought not. So here’s my quick and dirty analysis, together with how I’m voting and why. 

A lot of these issues are very fundamental and contentious, and the TV ads and printed materials clogging our mailboxes are so deliberately misleading as to give a normal person a migraine -- unless you’ve simply tuned out and thrown the stuff into the wastebasket. 

For those who want to ignore my thoughts on these measures, at least be sure to read pages 8 through 16 of the Official Voter Information Guide, which contains simple summaries of each proposition and what a YES or NO vote means. 

Proposition 51 - School Bonds 

This would authorize the State to issue some $9 billion in bonds for construction and “modernization” of K-12 schools and Community Colleges, including charter schools and vacation education facilities. The total cost over the life of the bonds would be about $17.6 billion dollars. 

For me, this one’s simple, at least in Los Angeles. The last time we did this in LA, the LAUSD ran around and built schools that they couldn’t even staff after they were built, because they didn’t have the ongoing budget to staff them. Witness the Sotamayor Learning Academies in Northeast LA. The only thing I know that it did do was launch the career of one Jose Huizar, who was in charge of the building programs for the LAUSD expending the money. Launched his City Council career, it did. 

As for the Community College District, don’t get me started. The LACCD Board promised a satellite campus at the Van de Kamps location on Fletcher and San Fernando, and then double-crossed the taxpayers by constructing the facility and then basically giving it away to a Charter school. I think they’re still in litigation on the misappropriation of public funds. I wouldn’t trust them with a dime. 

Depending on where you live and what schools your children attend, you mileage may vary. 

Proposition 52 - MediCal Hospital Fee Program 

This one’s technical. Since 2009, California has imposed a special charge on most private hospitals to (1) cover the state share of increased Medi-Cal payments for hospitals and grants for public hospitals, and (2) generate some state general fund savings. In turn these fees generate a federal Medi-Cal funding match. 

Those fees periodically expire, and are set to do so again in January 2018. This measure makes the fees permanent, and has an unknown impact since the federal government must approve any extension of the existing fees. The ringer in this measure is that it excludes hospital fee money from calculating the K-12 education funding level, and puts this exclusion in an amendment to the State Constitution. 

My take is that I get nervous when virtually everyone seems to support a proposition, taking into consideration the fact that the legislature has never failed to support these extensions since 2009. And I am simply leery of anything that permanently amends the State Constitution. 

While most of my friends are voting in favor of the proposition, I’m voting NO for that reason. 

Proposition 53 - Revenue Bonds, Statewide Voter Approval 

This proposition is a measure with a specific target -- the Delta Tunnel Project called “WaterFix,” and the High Speed Rail Project. It gets there from here by requiring statewide voter approval before the selling of revenue bonds for any project where (1) the bonds are sold by the state, (2) the bonds are sold for a project that is owned, operated or managed by the state where the bonds exceed more than $2 billion, adjusted annually for inflation. 

Of course no one can really say what the impact would be if passed, since no one knows if there will be other projects in the future which would meet these criteria. 

The lines are sharply drawn on this one. It’s really an initiative by the Howard Jarvis Taxpayers Association. The opponents are the California League of Water Agencies, the California League of Cities, the Chamber of Commerce, the California Hospital Association and, interestingly, the California Office of Emergency Services. 

The main thrust of the opponents is that there is no exemption for emergencies or natural disasters in the measure. They also note that groups of public agencies in different parts of the state often group together into a joint powers entity to fund projects that no one of them could afford alone, and that this proposition would give veto power to voters in different regions to block needed projects for other regions. I’m reading between the lines here that this really means that the rest of the state could veto big joint powers projects for Southern California, for example. 

I’m wobbling on this one. I would do almost anything to drive a stake through the heart of the bullet train boondoggle, and the Delta Tunnel project which is designed to bring water to us in Southern California has a lot of legitimate critics. At the same time, it is a historic fact that folks from Northern California have no fondness for Southern California, and I don’t think folks in the San Joaquin valley are exactly fans either.

Proposition 54 - Legislature, Legislation and Proceedings 

At last, a simple one. This would expand open meeting requirements to add a requirement that all state bills be posted online and distributed 72 hours before they can be voted on, require audiovisual recordings of all public legislative meetings (to be retained for 20 years,) allow any member of the public to record and distribute recordings of meetings, and make the legislature itself pay for any costs. 

The only real argument against the proposition is that it would give special interests more time to lobby. C’mon. Special interests already own Sacramento. I just love this one because it should make the tiny little hearts of our City Council tremble at what might overtake them in the future. I’m voting YES. 

Proposition 55 - Tax Extension to Fund Education and Healthcare 

This is the extension on what’s commonly referred to as the special tax on high income people, for a period of 12 more years. High income earners are defined as $250,000 for single, $500,000 for joint, $340,000 for heads of household. 

Normally this would be a no brainer for most of us, in the spirit of getting back at the 1%, and I’m leaning towards a YES vote. The drawback is this: Governor Brown promised that this was going to be a one-time deal back in 2012 and would expire in 2018. Just a temporary fix. 

Such an extension has a significant downside in that state revenues are already very robust – it’s starting to look like a permanent tax increase. The danger is that the state will become addicted to these additional revenues, and the second that there is a downturn in the economy, all the happy feel-good projects that this funds will come to a crashing halt. It is not good budgetary practice to construct budgets on temporary revenues, period. Your mileage may vary. 

Proposition 56 -Cigarette Tax to Fund Tobacco User Prevention, Research, and Law Enforcement 

This measure would increase the tax on cigarettes by $2 a pack, the tax on other tobacco products by $2 per pack equivalent, and add a new tax on e-cigarettes of $3.37 per pack equivalent. The proposition also amends the State Constitution to exempt these taxes from the state’s constitutional spending limits, and further exempts these revenues from school funding requirements. 

The devil, as it were, is in the details of who gets the money. From the Legislative Analyst, here are the entities: the State Board of Equalization, various state agencies for enforcement, University of California (physician training), Department of Public Health (State Dental Program), California State Auditor, Medi-Cal, Tobacco Control Program, University of California (tobacco related disease program), and school programs. The slicing and dicing is built into the legislation. 

For me, what tips the scales is the new inclusion of e-cigarettes being taxed as a tobacco product. I’m voting YES, although I can understand the opposition’s argument that little of the money goes to actually stopping people from smoking. 

Proposition 57 - Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing 

This is another contentious proposition. Clearly the proposal is designed to amend the State Constitution to decrease our prison population by increasing the number of inmates eligible for parole and adding a set of sentencing credits. It also would require that juvenile offenders first have a juvenile court hearing before their case can be transferred to adult court. 

The crux of the dispute is in what qualifies as a “nonviolent felony” offense. Readers will remember the aftershocks of 2014’s Proposition 47 which made changes to allow “nonviolent, non-serious property and drug crime” offenders to have their felonies reduced to misdemeanor, and get released from prison. That proposition, and its fallout, are still the subject of a very divisive debate among Angelenos, who saw a significant increase in released offenders in our neighborhoods. 

The law enforcement community is unanimous in their opposition to Proposition 57, as they were to Proposition 47. My friend Caroline Aguirre in Northeast LA, a retired state parole officer, is relentless in discussing her exposure to the atrocities committed by a number of people released under Prop 47. She has a point, and her articles are always factually accurate as to crimes committed by Prop 47 released offenders. 

The flip side of the question has to do with too many people in jail and increasing judicial intervention because of prison overcrowding. The short answer is that we can’t have it both ways with huge prison populations that are not adequately housed and cared for (read big bucks), versus crimes that may be committed by those who are released. 

Most of my friends will vote NO on this proposition. I’m voting YES because the increased number of people released into our communities will hopefully force us as a society to bite the bullet and either pay a bunch more money to fund the criminal justice and prison system, or deal with the aftermath of people released who have a snowball’s chance of ever getting a job with their record and skills. 

Proposition 58 - English Proficiency, Multilingual Education 

We used to call this one bilingual education and it seemed to work okay until proposition 227 (1998) came along and said that education had to be done in English. This measure would basically allow schools to go back to the old system. Schools would also have to talk with their communities about developing “language acquisition” programs and preserve the right of parents to have their children learn English by being taught in nearly all English. 

I could be wrong, but my educator friends seemed to like the old system and thought it worked well for Los Angeles. Don’t know about the rest of the world. Having said that, I do remember that this was a serious hot button issue for the body politic and the rhetoric was hot and heavy. Particularly outside of Los Angeles. We’ll see if 18 years has made a difference in attitudes. I’m voting YES. 

Proposition 59 - Corporations, Political Spending, Federal Constitutional Protections 

This proposition is specifically designed to reverse the Supreme Court’s decision in Citizens United by way of a constitutional amendment. That decision said that “independent expenditures” of money in politics was “free speech.” I call it the “one dollar one vote” decision. 

The measure urges congress to initiate an amendment to the US Constitution clearly stating that corporations do not have the same constitutional rights as human beings. 

The measure is essentially “snow in the wintertime,” since it doesn’t here, and California cannot pass an amendment to the U.S. Constitution or force Congress to do so. It’s a feel good free vote, so whatever floats your boat. 

Proposition 60 - Adult Films, Condoms, Health Requirements 

This is a weird one. CAL/OSHA already regulates condom use in the adult film industry, and in Los Angeles County, we have Measure B (2012) that requires condom use in the adult film industry. This measure would set up an entire regulatory and enforcement bureaucracy to license, regulate, and enforce use of condoms in the industry. 

Since I don’t know anyone in the industry, I’m not sure to what extent there’s a pressing necessity for the proposition, and I am extremely leery of setting up any additional state bureaucracies. Even though the proponents finesse the issue, the Legislative Analysts’ Office estimates it would result in lost revenues and costs of around $1 million a year to implement. I’m voting NO, but without enthusiasm. 

Proposition 61 - State Prescription Drug Purchases, Pricing Standards 

Prohibits state agencies from buying any prescription drug from a drug manufacturer at any price over the lowest price paid for the same drug by the US Department of Veterans Affairs. Medi-Cal managed care programs are exempted. 

That’s it. And the measure has generated zillions of dollars in print and TV ads, to the point where I got a headache from just watching the ads. Underneath, however, the stakes are clear. If you look at the fine print in all the TV ads by some veterans groups and others, the fine print says, “major funding by Merck & Pfizer.” That should tell you everything -- and they are spending millions of dollars. Big Pharma does not do that unless they have something to fear. 

Between this fact and Bernie Sanders’ ad publically endorsing the proposition, for me it’s a no-brainer. YES on 61. We won’t know how much money we can save unless we give it a whirl, and the VA in general keeps pretty tight controls on drug costs. 

Proposition 62 - Death Penalty 

The title says it all. The proposition does three things: (1) repeals the death penalty in California in favor of life without parole, (2) applies retroactively to everyone already sentenced to death, and (3) states that murderers sentenced to life without parole must work while in prison, with a portion of their wages going to victim restitution. 

I should state that I’m a cost/benefit kind of guy, and the issue to me seems one of cost and chances of actually killing these folks vs. the “benefit” of executing them. There are about 750 death sentence prisoners in California at the moment with their legal appeals somewhere in the labyrinth appeals process. Further, since 2006, no one has been executed because of legal issues over our state’s lethal injection procedures. 

The most vocal proponents of keeping the death penalty are prosecutors, law enforcement, and corrections officers. Honestly, as ghoulish as it may sound, I think that for them it’s about jobs and budget. At least, I am unaware of any validated study that demonstrates that the death penalty is in fact a deterrent. 

If vengeance and retribution are more important than money, and I know that this is true for a lot of people, vote YES. I think we have better uses for our economic resources within the criminal justice system and am therefore voting NO. 

Proposition 63 - Firearms, Ammunition Sales 

This measure has some common sense stuff in it like prohibiting certain individuals from possessing firearms. 

Most of Prop 63, however, was already addressed by the legislature this year. For example, folks who sell ammo will have to obtain a license from the Department of Justice, and anyone who messes up three times will have their license permanently revoked. Also, ammo dealers already have to check with the Department of Justice and give personal information on the individual wanting to purchase ammunition. That information goes into a DOJ database, and there is a fine to the individual and/or imprisonment for failure to comply with the regulations. 

The proposition would add to these existing laws by requiring you and I to undergo a background check to even buy ammunition and pass a DOJ authorization in advance. 

You also would not be able to bring any ammunition in from out of state. Further, you and I would have to pay $50 to the DOJ to even get a 4-year permit to buy ammunition at all. 

At some point, this government intervention in our lives gets scary. I’m fine with ensuring that people who should not be able to buy weapons can’t do so. Ditto for background checks. But when you start going so far to hobble citizens from even being able to buy ammunition for their firearms, I’m out. All these regulations that you and I will have to go through to even buy a .22 caliber bullet are over the top. All these licenses, all these permits, all these checks, are going directly into databases that will be linked to all law enforcement, homeland security, the NSA, and big brother in the sky. I’m doubling up on my contributions to the EFF (Electronic Freedom Foundation). 

This is just bogus. I’m voting no, and if you value your privacy, you should too. 

Proposition 64 - Marijuana Legalization 

Pretty much as the title indicates, Prop 64 legalizes the use of marijuana by adults over 21 years of age, and provides for licensing, sale and taxation thereof. 

Most of the pushback against the measure comes, unsurprisingly, from the vested interests who have a stake in keeping pot illegal -- law enforcement, and the federal government. For them, it’s about jobs and budget, just like the death penalty. 

Last I checked, people are going to buy and imbibe pot whether or not it’s legal, and if I remember right, marijuana is the largest chunk of the economy of Humboldt County and a host of other places in California. 

I personally believe that limited law enforcement resources are better deployed dealing with their core functions. I’m voting YES, even though I do not personally drink or use at all. 

Proposition 65 - Carryout Bags, Charges

Proposition 67 - Ban on Single Use Plastic Bags 

Prop 65 ties directly in with Prop 67, so I will treat them together, even though they are out of order. Prop 67 flatly bans the use of single use plastic or paper bags. Those are the ones that are only sturdy enough to be used once, unlike the thick SuperA bags and sturdy paper bags with handles. 

As near as I can figure, the idea is that if both measures pass, we will have to pay for the thicker bags and the money will for “environmental programs.” What happens is, if Prop 65 passes, and so does Prop 67 (with more votes than Prop 65,) the stores get to keep the revenue. Otherwise the money goes to the state for environmental programs. 

There’s an alternate scenario for what happens if Prop 65 fails, but my eyes glazed over. Only lawyers could write this stuff. I’m voting NO on all of it. 

Proposition 66 - Death Penalty, Procedures 

Finally, we come to the second death penalty proposition. It is relatively straightforward in that it is specifically designed to “fast-track” death penalty cases. The less straightforward part has to do with dancing around what method of execution the state can use, and it indemnifies health care professionals from participating in an execution. 

Even the law enforcement community is split on this one. My take is that lovers of the show Law and Order will like it as a great threat to use in interrogation. For the rest of us, your mileage will vary. There are enough innocent people who have been executed under our current legal system that I am loath to do anything that will speed up the appeals process and produce more innocent inmates who get executed. We can’t fix it when someone is dead. Voting NO. 

(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.)

Hacked Clinton Campaign Emails Expose Iffy Relationship with Sensitive LA Mayor

THIS IS WHAT I KNOW-Regardless where you stand on the WikiLeaks issue, perhaps we can be proud that our own mayor got a mention. Carla Marinucci hooked us up with a link in Politico’s California Playback column on October 27, 2016. 

Apparently, some players in the Clinton camp believe that “He (Garcetti) has this reputation. Wants to be really courted. By the candidate. No one else. When you get him on the phone, he is nice, but then his staff comes back with this…” 

A June 2015 email thread details the mayor’s holdout for a longer meeting with the Democratic presidential candidate. When the mayor’s “Executive Vice-Mayor”/Deputy Chief of Staff Rick Jacobs called to say Garcetti “really doesn’t want to do this brief meeting at a fundraiser,” Podesta detailed his reply: “I was pretty cold and said we would consider a meeting sometime in the future. Maybe he can hold out to be MOM’s (Martin O’Malley’s) VP.” Even Huma Abedin weighed in. “He’s a tough one for us. Never really had a relationship.” 

For a bit of backstory, last November, Garcetti had endorsed Clinton in a written statement sent from the mayor’s office, a distinct no-no in election law. Thou shalt not use government resources to send campaign-related announcements or to electioneer. A second email fired off an hour later stated, “Today’s statement on Hillary Clinton was sent in error,” and a spokesperson for the mayor explained the statement should not have been sent from the mayor’s office. 

Back in June, the Wall Street Journal  had reported Garcetti was being floated as a possible HRC running mate but he told WKNX News Radio that he was staying where he is. “I’m not looking for a new job. I have a great one right now, and that’s being mayor of the city.” It’s hard to say whether the mayor’s prima donna reputation might have precluded that possibility. Garcetti is planning a re-election bid next year and word on the street is he may be considering a gubernatorial bid in 2018. 

Garcetti’s cozy relationship with developers has earned him detractors, especially among neighborhood integrity activists, as detailed in Patrick Range McDonald’s CityWatch column earlier this week.

 

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

Destitute and Homeless Vets in LA Still Wait for Promised Housing 

THE WAR AT HOME--In two weeks, on November 16, the Los Angeles VA will hold a public hearing to present a proposal for the "contemplated" first Enhanced Use Leases (EUL) that would consist of approximately 150 units of newly constructed permanent supportive housing on undeveloped open space located north of Buildings 336 and 339.  

The reason for these EUL's with non-profits is that the VA bureaucrats and politicians claim the federal government does not have any money to build housing for a few thousand war-injured and homeless U.S. Military Veterans. However, there seems to be plenty of money available to house and care for hundreds of thousands of Syrian refugees.    

A written promise to settle the Federal Judgment against the VA's illegal use of Veterans’ legally deeded land included Secretary of the VA Robert A. McDonald, a defendant, as well as attorneys Ron Olson and Bobby Shriver (neither are veterans) who represent the plaintiff, homeless Veterans. In fact, it was guaranteed in writing by McDonald and Olson that they would end Veteran homelessness in Los Angeles by December 31, 2015.  

It's now nearly a year after the promised deadline and Los Angeles is still the nation's capital of homeless veterans, a city where thousands upon thousands of war-injured and impoverished U.S. Military Vets are forced to live in deplorable and inhumane conditions at skid row and in back-alley squalor.  

On June 5, 2015, less than six months after he "promised" to end Veteran homelessness in Los Angeles, Ron Olson received ACLU's Humanitarian Award "for his work on behalf of homeless Veterans."  

Did I mention Los Angeles is still our nation's capital for homeless Veterans? 

And the ACLU also awarded Bobby Shriver a Humanitarian Award "for his work on behalf of homeless Veterans," even though the City of Santa Monica was sued in 2009 for abusing and mistreating the homeless when Mr. Shriver was Mayor and a City Councilman. 

Nearly two years after the infamous written promise, the VA is now "contemplating" leasing land for the building of 150 beds by "non-profit developers," which is an oxymoron if ever there was one.  

Did I mention Los Angeles is still our nation's capital for homeless Veterans with thousands upon thousands of needy disabled Veterans exiled from this land exclusively deeded on their behalf? 

Moreover, the current illegal occupants adjudicated in the Federal Judgment were to vacate Veterans’ land via an "exit strategy" as promised by McDonald and Olson. That promise and the ending of Veteran homelessness promise, have as much credibility and validity as Richard Nixon not being a crook and Bill Clinton not having sexual relations with that woman, Ms. Lewinsky. 

While Veteran housing was reprehensibly and shamefully neglected, the illegal occupants never exited but are well-entrenched with long-term sweetheart deals that will now make their illegal real estate agreements "legal," thanks to Humanitarians Olson and Shriver. 

Compare this article ... 

L.A. County Supervisors move ahead with a $2-billion new jail plan.

Recently, the LA County Supervisors moved ahead with a $2 billion new jail plan. Why doesn't the County follow the federal government’s lead and lease property for non-profits to build the jail for criminal prisoners -- or does LA County actually have more money than our Federal Government, which prints it endlessly?  

Think about this: LA County will spend $2 billion for 3,885 beds for convicted criminals while the federal government spends $0 for housing our war-injured homeless Military, yet still has billions to spend on Syrian refugees.    

Instead, the VA will lease this sacred land to non-profits to take care of only 150 of the tens of thousands of homeless Veterans in LA. 

Consider that Humanitarian Ron Olson and his law firm represent some of the wealthiest and most powerful people in the world, including mega-billionaires on the “Forbes 400” list (Warren Buffet: $65 billion) as well as wealthy CEOs from “Fortune 500” companies. Any one of these people could personally build seriously needed housing on VA property without an EUL, and it wouldn't make a dent in his or her individual wealth. 

Incredulously, Mr. Olson was entrusted to represent the plaintiffs – destitute and disabled homeless Veterans -- in the settlement that pitted poor homeless U.S. Military Veterans against the very rich and powerful non-Veteran elite. 

Ron Olson and Robert A. McDonald may have co-signed a promise to end Veteran homelessness in Los Angeles by December 31, 2015, but LA is still our nation’s capital for homeless Veterans. And the unlawful squatters – Mr. Olson’s wealthy and powerful non-Veteran cronies -- remain on Veterans’ VA property without providing one bed or even a blanket.

This is not being a humanitarian. This is a crime against humanity -- against disabled, destitute and disadvantaged homeless Veterans. 

How can the ACLU present Humanitarian Awards to individuals who have done absolutely nothing to help end Veteran homelessness in Los Angeles as promised? 

Bobby Shriver has children attending the wealthy, private Brentwood School, which is one of the illegal occupants on Veterans land. And as mentioned before, the ACLU filed a lawsuit against the City of Santa Monica for neglecting and mistreating the homeless while Mr. Shriver was a prominent politician of this wealthy sea-side resort. 

Los Angeles Mayor Eric Garcetti sat next to First Lady Michelle Obama during a private luncheon in 2014 at the ritzy Hyatt Regency in fashionable Century City and publicly promised to end Veteran homelessness in Los Angeles by December 31, 2015. Later, he confirmed four months before the end of 2015, that this “wasn't going to happen this year.”  

All of this neglect and abuse by entrusted officials is illegal and immoral.  

On behalf of all disabled and homeless Veterans in Los Angeles, this is a demand notice to Robert A. McDonald that he must declare a "state of emergency" and immediately establish crisis humanitarian housing and care on the grounds of the Los Angeles VA. He must then begin the immediate construction and permanent maintenance of a new and modern National Veterans Home.

God Bless America and the Veterans Revolution!

 

(Robert Rosebrock is Director of The Veterans Revolution, Captain of the Old Veterans Guard, and Director of We the Veterans…and an occasional contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

DA Lacey Kicks Off the Whitewash Cover-up of the Sea Breeze Corruption Scandal at LA’s City Hall

CORRUPTION WATCH-In the wake of the Los Angeles Times article concerning the corruption surrounding the Sea Breeze project in Council District 15, Los Angeles County District Attorney Jackie Lacey has announced her whitewash investigation to cover-up it up. The advanced draft of the final report allegedly concludes that poor beleaguered Mayor Eric Garcetti has been the victim of a plot by undocumented day laborers from Zacatecas, Jalisco and Chiapas. It seems that these day laborers have conspired to have their relatives unknowingly donate hundreds of thousands of dollars to Los Angeles City councilmembers and Mayor Eric Garcetti. (Photo above: Buddies. District Attorney Lacey and Mayor Garcetti.) 

Like any other Angeleno, when our trustworthy mayor discovered an extra $60,000 sitting on his front porch upon returning home one evening from a heavy schedule of TV appearances, he never bothered to ask: “From whence cometh all this money?” I mean, after all, whenever I find an extra $60K in my bank account, I never ask, “Hey, where did I get all this extra loot?” 

This scenario begs the question: What good would it do the philanthropic Mr. Leung to give Mayor Garcetti $60,000 in bribes if the Honorable Mayor had no idea who was lavishing gifts upon him? 

The LA Times article fails to explain how The Most Honorable Mayor would know that he was to reduce the number of votes on Mr. Leung’s Sea Breeze Project from 12 to 10 if he had no idea of the origin of the money? Maybe he thought it was just a periodic payment from the mayor’s favorite developer, CIM Group. 

But at this juncture, we have to spill the beans. Mr. Leung is not a villain. He is a patsy. Perhaps without realizing it, the LA Times Sea Breeze article paints the picture of Mr. Leung as the victim of City Hall extortion. Everyone else who has had any dealings with Los Angeles City Hall and the approval of development projects knows that every single project is unanimously approved. In fact, for a decade, the LA City Council has unanimously approved every project over 99.9% of the time. What would Mr. Leung benefit by Garcetti’s lowering the threshold from 12 to 10 votes if he was going to get unanimous approval anyway? 

Jackie Lacey, however, has a powerful ally in her whitewash – the public. Angelenos will believe anything. The chances are less than one in infinity that the LA City Council’s practice of giving unanimous approval to everything is not the product of a voting pact. For those educated by LAUSD, “one in infinity” is a small number. Since Angelenos apparently are not so good at math or logic, it must seem to them that 10,000 consecutive unanimous Yes votes in City Council is normal. Perhaps they do not know what “unanimous” means. Apparently, DA Lacey doesn’t either. 

Angelenos never notice that it is virtually impossible to flip a coin 100 times in a row and have it turn up heads 99 times. Go ahead. Try it. I’ll wait. Yet, they think that it is normal that 15 councilmembers simultaneously flipping coins 1,000 times in a row will end up getting “heads” 14,985 times. 

Let’s look at DA Jackie Lacey’s soon to be announced “deference” finding. She is going to find, based on no evidence whatsoever and ignoring all evidence to the contrary, that the one in infinity voting pattern at Los Angeles City Council is due to “deference.” 

The argument goes that each councilmember has so much respect for every other councilmember that he or she always -- over 99.9% of the time -- defers to another councilmember’s desires. 

But then we have Garcetti’s 2012 Hollywood Community Plan which received unanimous approval on June 19, 2012. This came after the City Attorney told councilmembers in March 2012 that the Hollywood Community Plan was based on fatally flawed data and the courts would reject it. In fact, the PLUM committee went into closed session with the City Attorney’s Office while considering Garcetti’s Hollywood Community Plan and the same information was conveyed to the PLUM Committee members. But after the closed door session, PLUM passed the Community Plan on to the City Council without any recommendation for approval. That’s right. Yet at the June 19 council session, each PLUM member voted YES for Garcetti’s Hollywood Community Plan. Why would the councilmembers who did not vote approval in PLUM then vote approval in council? This is not deference. This a criminal vote trading agreement in which all councilmembers must vote Yes. 

At the June 19, 2012 LA City Council hearing on Garcetti’s Hollywood Plan, Councilmember Richard Alarcon mentioned that the data was flawed and wanted to know whether City Planning could correct it in Garcetti’s Community Plan. In response, City Planner Kevin Keller, who had primary responsibility for the Plan, gave a long somewhat convoluted answer which boiled down to, “Yes, the Planning Department could re-do Plan with accurate data.” 

Thereupon, Councilmember Eric Garcetti insisted that his Hollywood Community Plan be approved, and within two seconds, it was unanimously approved. 

How does one pretend with a straight face that unanimous approval of Garcetti’s Hollywood Community Plan was based on a good faith deference when everyone knew that it was fatally flawed and would be rejected by the Court? 

In January 2014, Judge Allan Goodman rejected Garcetti’s Hollywood Community plan as based on fatally flawed data and wishful thinking. 

So let’s return to the plight of Mr. Leung and Extortion vs Bribes. 

Often one finds extortion and bribes as two sides of the same coin. A city councilmember lets a developer know that there is a serious problem with his project. After a few thousand dollars show up in the councilmember’s campaign war chest, the problem magically disappears. Whether we have extortion or whether we have bribery is often a Tweedledee Tweedledum situation. Let’s look at a quote from the Sea Breeze article: “At one crucial point, Garcetti invoked a mayoral prerogative – which he has used only twice – to make the number of council votes required to approve the project.” 

In a city council where each and every project receives unanimous approval, why would any developer pay $60,000 to reduce the number of votes needed for approval? This money has all the earmarks of extortion. Leung was buying something which was completely worthless – unless he was facing a threat that, unless the mayor got $60,000, his project was dead. When one is guaranteed unanimous approval, one does not pay $60,000 to have the number of votes for approval reduced by two. 

Let’s look at another absurd aspect of Jackie Lacey’s upcoming report. The councilmembers had no idea anything was amiss. Really? What person bribes a councilmember to the tune of $94,700 and then neglects to tell him who made the contributions?   

If $20K mysteriously appears in my bank account, I’m going to ask, “Where did this come from?” Apparently, Janice Hahn can get $203,000, Garcetti can get $60,000, Joe Buscaino can get $94,700 and then none of them asks the origin of all this loot? 

Let’s remember that each campaign check identifies the donor. Are we so naive as to think that in this day and age when compiling donor lists is a huge business, Garcetti never bothered to find out who just gave him $60K? 

The prime earmark of extortion is to let the “mark” know that there is a serious problem with his project and then after an appropriate amount of money appears in the mayor’s fund, that problem goes away. This is the pattern which the LA Times’ Sea Breeze article describes. (1) Problem (2) Payments (3) Problem disappears. 

Extortion is not rocket science. All it requires is complicit law enforcement and a very gullible public.

 

(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.

Controversial Gehry Project Approved: David Ryu Applauds, but Historic Preservation Suffers

DEEGAN ON LA- On Tuesday, November 1, the City Council approved Frank Gehry’s revised project at 8150 Sunset Boulevard. Gehry did not get what he wanted and David Ryu got more than may have been expected in a showdown over the project that the councilmember and many others objected to. Unresolved, just as it was when the City Council’s Planning and Land Use Management (PLUM) committee met last week, is the status of the Lytton Savings Bank, a Modernist building that has been nominated for Historic-Cultural Monument status by the city’s Cultural Heritage Commission, pending an approval by PLUM and the full City Council. It sits within the footprint of Gehry’s project. 

The PLUM committee sidetracked a decision about what to do with Lytton in their rush to approve the bigger – i.e. Gehry -- piece of the project. Now that the deal has been approved by City Council, demolition is probably what can be expected for the Lytton Savings Bank building, Kurt Meyer’s architectural gem. 

Councilmember Jose Huizar’s PLUM committee will consider approving Historic-Cultural Monument status for Lytton on November 22, in what may be one of the most mocking, irrelevant and posthumous hearings they have ever held. Short of Frank Gehry changing his mind about not wanting the bank to be part of his collection of buildings at 8150 Sunset, or David Ryu doubling down to what he has already done for the community on this this project, preservation of the Lytton Savings bank building looks doomed -- even if PLUM votes for historic-cultural monument status. 

There’s a nuance between saying you are supporting or you are preserving. It’s the latter that has gotten caught in the throats of those who will only go so far in their expression of support for Lytton. Everybody seems to like the bank building and want to give it cultural monument status, but very few want to save it. 

Keith Nakata, Co-founder of the Friends Lytton Savings, stated that “it’s disappointing that the city did not handle the items in a way that would be appropriate to come to an intelligent decision about the project.” 

What benefits have come out of this controversy? Councilmember David Ryu (CD4), who was at the center of the negotiations to change the scope of the project, explains, “When I took office, this project stood at 234 feet. Today, it will be reduced by nearly a quarter, capping the height of this project at 178 feet. Additionally, the density will be reduced, community benefits will be provided to the adjacent neighborhoods, parking and pedestrian access will be increased, traffic improvements will be implemented, and additional workforce housing units will be provided with increased affordability overall.”                                                                       

Ryu’s recap set the stage for his immediate pivot to what may be his next land use and development objective: “This project serves as a clear reminder that the city must revise its rules on how the State’s Density Bonus law (SB 1818) is applied. I strongly believe that we are disproportionately incentivizing developers and that this exchange is not equitable for our residents. We must approach future projects that include affordable housing units with more common sense solutions to achieve better results for our city.” 

Gehry had the last word, referring to the future of the seemingly-doomed Lytton Savings Bank, and he kept it simple, telling a reporter that “somehow, I’m going to figure out how to recognize Kurt Meyer as part of our project.”

 

(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.

 

Alert! Mega-Housing Developers Honing in on the City of Hawthorne

HAWTHORNE INSIDER-On November 8, residents in the City of Hawthorne will not only vote for their next President, they will also have an opportunity to voice their opposition to the mega-housing developers seeking to redevelop their community. The City Council will hold a Public Hearing at City Hall on Ordinance 2128 which seeks to increase the minimum lot acreage for high-density, mixed-use residential and commercial developments. 

In early 2016, the Hawthorne City Council adopted the Downtown Hawthorne Specific Plan. Residents rejoiced as it appeared that the decades-old defunct Hawthorne Mall would finally see development. The plan put forth by the Charles Company, the company working with land owner Arman Gabay, includes 600 planned rental units at the mall. (Photo above.) Many residents of the community currently oppose any housing at the Hawthorne Mall site.  

There are an additional several hundred housing units planned on the South Bay Ford site, further south down Hawthorne Boulevard. Two large-scale developments have surfaced in Hawthorne’s poorest neighborhood, Moneta Gardens. According to Councilwoman Angie English-Reyes, these were state mandated units. It is unclear if she is indicating that the Planning Commission and City Council had no option but to allow these developments. 

Residents from all communities in Hawthorne have come out en masse to oppose high-density housing projects. Overwhelmingly, residents support the Hawthorne Downtown Specific Plan which allows for a variety of housing and commercial development along the Boulevard. With the current changes made by Ordinance 2128, the minimum project size of any other project would be three acres, translating to a minimum of 135 units. This directly contradicts what so many residents have been advocating since the possibility of development arose. 

According to municipal code in the City of Carson, developers can “jump the block” and use lots that are separated by public streets to meet their site size requirement. Hawthorne’s Interim Planning Director and consultant, John Ramirez, says, “This is the intent of the changes made to Hawthorne’s zoning.” They are encouraging developers to acquire smaller parcels along the Boulevard to get the amenities of larger complexes. 

Unfortunately, that puts dozens of small businesses in jeopardy. Ramirez has suggested that these small land/business owners can sell out to big developers and then move back into the revitalized projects. What he fails to mention is the triple increase in rents by the developers, forcing several small businesses out of town -- or worse, out of business. 

The current Ordinance 2128 also increases the size requirement of living space in mixed use and single family zones, encouraging larger floorplans in each unit. This drives up the cost for builders to develop and thus, the monthly rent/purchase price on the units also increases.

“We estimate costs based on square footage. At $2.50 per square foot, we will be renting a two bedroom 1,200 square foot apartment for close to $3,000 per month,” says Bill Hassan, owner of KIG Properties LLC. 

By creating larger spaces at a higher cost, this Ordinance 2128 increases the potential for multiple families to cohabitate and overcrowd. These living arrangements increase car congestion, demand on utilities and public resources like police, fire and schools. 

The Hawthorne Police Chief, Robert Fager, has given two presentations on the hiring needs of his department in recent council meetings. It has also been made public through the Civil Commission that there is a lack of applicants for open positions in the Police Department. Additionally, close to 1/3 of the active duty Hawthorne police officers are set to retire in the next 5 years. There is a serious, inherently critical shortage of police officers to meet the demands of large units over three acres.

The City of Hawthorne also faces a huge parking crisis today. Because of poor planning in the 1960s-1980s, there are several smaller units all over the city that are not meeting the demands of modern living. For example, in the Ramona tract there are dozens of 2-4 unit buildings that are only required to have one space per unit no matter how many bedrooms the units have. Thus, a fourplex with 2-bedroom units is only required to offer four parking spaces despite most two-adult households having two cars each. That places a demand on the city to accommodate four additional cars for just one building. There are 1,035 apartment buildings in Hawthorne today. 

The zone text amendment approved by the Planning Commission 2016ZA12, which led to Ordinance 2128, seeks to increase this to one guest parking space for every two units -- a 33% increase in the guest parking space requirement. This places an economic burden on developers, causing them to reduce the number of living spaces in favor of parking spaces and does nothing to solve the current parking crisis.

Small to medium-sized mixed use development allows for a variety of home types to be constructed. The most vital of these smaller units are live/work spaces. As the City of Hawthorne’s Senior Planner, Chris Palmer suggested in his presentation at the October 19 Planning Commission Meeting that there are a variety of design options and industry choices that would be constructed in these smaller developments for tenants from artists to technology startups.

Liza Simone of Phantom Galleries LA has successfully created Gallery Row in Downtown Los Angeles. As a result, this living style has spurred a micro-economy of entrepreneurs who have both space to create and produce their own income. 

At a minimum of three acres, developers cannot economically build live/work units. The commercial space would be developed into large, high-profile retail and office space. These companies have a well-documented history of paying minimum wages and not offering room for professional advancement.

Additionally, by effectively stopping smaller projects from being constructed, thousands of construction jobs are lost. Dozens of professional contractors, their sub-contractors, material suppliers and laborers are without potential work, which pays at least triple minimum wage. 

Finally, these changes affect local builders who have been working with the city for decades to acquire land, work with zone changes and spend their time and money to create projects for resident’s approval. The current message that the Planning Commission is putting out to potential investors is that the rules can change at any time. This does not create a certainty that developers need to build. And our goal is to enhance economic development, not stifle it. 

Hawthorne has a history of pay-to-play politics. The Mayor’s office has been rocked with scandal, as two of the last three mayors were indicted on felony charges and the last mayor was evicted by two separate landlords. The corruption in local government has been attributed to wealthy land developers influencing elections with hefty campaign donations in exchange for political favors on their projects.

Mayor Alex Vargas promised an end to the pay-to-play corruption, while he touted the benefits of the Hawthorne Blvd. Specific Plan; however, recent introduction of Ordinance 2128 places the burden of mega-housing projects squarely on his shoulders. By crippling small- to medium-sized developments, Mayor Vargas is ushering in a new and deafening thunder of massive housing development in Hawthorne. 

Public Hearing on Ordinance 2128 will be held at Hawthorne City Hall on November 8, 2016 at 6pm.

 

(Amie Shepard is a local realtor and activist. She currently serves on the Board of the Hawthorne Economic Development Council and is Vice President of the Ramona Neighborhood Association. She was a candidate for Hawthorne City Council in 2015.) Prepped for CityWatch by Linda Abrams.

A Welfare Tax for Developers: Why I'm voting ‘NO’ on Measure M

TRANSPORTATION CHOICE-I'm voting "NO" on Measure M for the following reasons: 

1) Measure M is like a welfare tax on us with the benefits going to land developers. 

If you own property in LA, you paid for the roads. The roads were built by the original developers and the cost was included in the price of the original homes. That cost was passed down to you (at a very inflated price) and you pay property taxes for their up-keep. For at least the last 30 years, the City has been giving your roads away to density-increasing land re-developers free of charge. 

Although the City claims it charges developers a "Transportation Impact Assessment Fee,” the City provides many ways for developers to escape such fees, such as allowing them to use Peak congestion Hour Trip Rates as an estimate of the number of commuters added by their projects. This accounts for only 25% to 30% of the actual number. Or exempting all residential development projects using the argument that the City needs to incent developers to build more housing. Yeah, right. 

So if developers are not paying their fair share toward the additional transportation infrastructure needed to accommodate the commuters their projects add to an area, why should we? 

2) Measure M would fund the wrong type of transit improvements. Since there's no room for new roads, the excess demand created by both past and (assuming it is allowed to continue) future unmitigated density-increasing land development must be accommodated on mass transit. But is "Light" Rail the best solution? 

The Expo Line cost $227 million a mile, but it takes an hour to go between Santa Monica and Downtown LA. Why? Because much of it runs at street level and has to slow to 25 MPH at every street crossing. It would have run faster if it was all elevated but that would have cost a lot more because "Light" Rail is still conventional rail, and conventional rail is not light in spite of its name. 

Metro should be planning to build all-elevated monorails because they: 

  • Run much faster than street-level trains and would make the SM to Downtown LA run in 25 minutes vs. 55. 
  • Run quieter. Monorails run on rubber tires rather than steel-on-steel wheels. 
  • Are much cheaper to build. It takes 40% less concrete and steel to elevate 15-inch-wide GuideBeams than 8-foot-wide conventional rail beds.
  • Are faster to build. The GuideBeams can be built offsite and installed at night.
  • Require much less energy to operate. Because Monorails run all-elevated, they can't collide with other vehicles. Therefore monorails are built much lighter than "Light" Rail trains and therefore take much less energy to move. San Diego's General Atomic is developing a frictionless passive-maglev monorail that requires no electricity to elevate after reaching 4 MPH.
  • Can't derail in earthquakes. Monorails straddle their track rather than sit on top of it.
  • Could be run over the parking lanes of major arterial streets, dipping down to street-level for passenger loading.
  • Would not take street space or Left-Turns away from private-vehicle traffic. 

There are already close to 50 urban-transit-class monorails running in the world.  The Wuppertal Germany monorail ran for over 100 years without a single fatality. "Light" Rail trains kill up to 100 people a year in LA. 

Another transit "improvement" to be funded with Measure M's tax revenue is "Bus Rapid Transit." This is the conversion of private vehicle lanes for bus-only use. While this may speed up bus travel, it will reduce the total people movement capacity of the arterial streets where lanes are converted to bus-only use. You don't improve capacity by forcing commuters out of small containers carrying 1 to 2 people that move by every 2 seconds and putting them into large containers carrying 40 to 64 which pass by only every 8 minutes or so. Do the math. 

3) Measure M will NOT reduce congestion by 15%. This claim is as bogus as similar claims made to con us into approving the Measure R Sales Tax increase in 2008. For example, Metro's 2008 Long Range Plan (upon which the Measure R tax increase was justified) shows that freeway travel speeds would decline from 34 MPH to 20 MPH by 2030 without Measure R taxes, but would decline to only 23 MPH with Measure R taxes, allowing them to claim that Measure R taxes would decrease congestion by 15% (a 3 MPH increase from 20 MPH.) So Measure M is unlikely to reduce today's congestion by 15%. It may only make future congestion 15% less worse than it will be if the City continues to allow density-increasing land development projects without making their developers fund the infrastructure required to accommodate the additional commuters their projects add to the City. 

4) Measure M has no end date. Providing any government agency with an open-ended revenue stream is a license to waste it. 

So I'm voting "NO" on any new tax for infrastructure until the above problems are fixed.

 

(Bill Pope is a former traffic consultant to neighborhood councils. He can be reached as [email protected]  Edited for CityWatch by Linda Abrams.

Clinton! Trump! Pick the Winner

CITYWATCH READER POLL—On the brink of the 2016 Presidential Election, CityWatch is asking readers to predict the winner. 

Fifteen months of primaries, controversy, debates, endless ads, non-stop media coverage, at-odds polls and family disputes have prepared you. Click on to the poll below and register your pick. It’s easy as that. 15 seconds of your time to provide some election outcome perspective. Go for it.

[sexypolling id="11"]

What California Can Learn from Stockton’s Debt

CONNECTING CALIFORNIA--Here’s a new maxim for Californians to live by, courtesy of this election: Don’t dismiss apocalyptic warnings from Stockton.

If you’re a Californian with a television or a mailbox, you’re encountering a barrage of ill-advised Stockton dismissals. Specifically, Gov. Jerry Brown, labor unions, and Sacramento building and infrastructure lobbies are trying to defeat a November ballot initiative—Prop 53, which would require voter approval for state revenue bonds of $2 billion or more—by marginalizing it as merely the flawed idea of a rich and selfish “Stockton farmer.”

This messaging turns out to be doubly wrong, as I learned firsthand on a recent visit to Stockton.

For one thing, the “Stockton farmer” slight badly underestimates the man in question, Dino Cortopassi, who turns out to be a formidable if blustery businessman with diverse interests, a knack for marketing, and a taste for taking on difficult fights. For another, the political message trivializes the real trauma in the city of 300,000 as it struggles through the aftermath of municipal bankruptcy. As a result, Stockton and its citizens, including Cortopassi, know the perils of irresponsible borrowing like Pittsburghers know steel and Houstonians know oil.

Cortopassi grew up on Stockton’s eastside and has spent his life in the area, despite amassing a multimillion-dollar fortune that would allow him to move anywhere he desired. He’s also all too familiar with the difficulties of debt. He started as a tenant farmer, borrowing heavily to buy equipment and farm as much land as he could, and then plugging back the profits into further expansion.

“I was in debt a long part of my life,” he told me during the half-day we spent together in a conference room at his business. “Debt never goes away. So when you borrow, don’t forget you have to pay it back.”

Cortopassi, 79, got ahead by doing things the hard way. He specialized in “headache” crops—like tomatoes, cucumbers, bell peppers, and onions—that require more labor and attention, and that carry more risks in terms of weather, disease, and volatile market prices. While he identifies himself as a farmer (albeit a retired one), much of his business was in food processing. Business associates say he was an early adopter of new technologies, an unusually talented marketer, and maker of food brands, and a savvy investor (most notably in Dreyer’s ice cream). And his combativeness distinguished him; he was willing to wage big fights against larger food companies and against powerful unions, including the Teamsters, when they crossed him.

In recent years, as he’s stepped away from day-to-day management of his business, Cortopassi has had time to watch, with growing fury, as his hometown of Stockton declined and ultimately fell into bankruptcy.

That Stockton story is a convoluted one. But the heart of the tale is this: The city accumulated all sorts of unsustainable debts in a variety of ways, without realizing it.

The fundamental lesson is that when things go bad, even private debts or “safe” borrowing for projects can unexpectedly become obligations for the public. Stockton’s leaders had assumed that city revenues would keep increasing. Then the housing market collapse overextended Stockton homeowners and crushed the city budget. The city had little cushion because it had borrowed aggressively in the previous decade to pay for various public buildings, an arena, housing projects, and marina and downtown improvements. The final straw was a bond that Stockton sold in 2007, just before the financial crisis, to try to cover the costs of compensation and pension benefits it had promised its employees.

As a result of its crisis and bankruptcy, Stockton had to cut all sorts of basic services, including policing. That’s contributed to an ongoing tragedy: Stockton has one of the highest crime rates among California cities and is one of the country’s most violent places.

Cortopassi says he was frustrated about how, despite the fiscal carnage in Stockton and other cities, public borrowing has continued apace, with too little public attention. So, using rhetoric about as subtle as that of your angriest uncle, he’s started issuing warnings—in interviews, in self-published pamphlets (including one called “Liar, Liar, Pants on Fire!”), and, in a charmingly journalist-friendly touch, newspaper ads about “the Sacramento gang” that is borrowing without understanding the dangers of the “Debt Dragon.”

The fundamental lesson is that when things go bad, even private debts or “safe” borrowing for projects can unexpectedly become obligations for the public.

Cortopassi can be loud and bombastic. During our half-day together, Cortopassi yelled at me when I argued with him about the finer points of Prop 53 and about some of the numbers he uses on state debt. But, beyond the bluster, I found him to be quite thoughtful and strategic.

Prop 53 reflects Cortopassi’s strategic impulses. It can appear like a broadside against one mode of borrowing—a requirement for voter approval for state revenue bonds, bonds that have some guaranteed source of funds to pay them back (like tolls for a bridge). But the initiative is a carefully crafted political document full of exemptions for local governments, and with a requirement so high—only bonds of $2 billion or more would require voter approval—that it’s not clear to me that it would have much practical impact at all. After all, California voters approve most of the bonds upon which they already cast ballots. And state revenue bonds are hardly the only financing mechanism available to big projects.

What’s more, revenue-bond projects of that size are rare—precisely because it’s so hard to do anything big in California these days. The state’s non-partisan legislative analyst found Prop 53, if approved, would only prove an obstacle to two current state projects: High-speed rail and the governor’s proposed water tunnels through the Sacramento-San Joaquin Delta. And both of those projects face so much opposition and so many obstacles that they could both die whether Prop 53 passes or not.

Cortopassi has business interests in the Delta, so the “No” on 53 campaign has argued that he’s acting primarily to frustrate the tunnels and serve himself. Cortopassi acknowledges his fervent opposition to the tunnels and desire to protect the Delta (among his passions there are restoring marsh habitat and duck hunting) but says his Delta interests are less than 5 percent of his empire.

When pressed, Cortopassi said that Prop 53, like any ballot initiative, can’t do everything. His goals for the measure, he told me, are to gain attention for the state’s debt issues and to win a victory at the polls that could set up future initiatives and political action to force a reckoning with debt.

Whatever you think of Prop 53’s particulars (and I remain skeptical), Cortopassi’s larger point is inarguable: California and its many governments have taken on too many different kinds of debts, and leaders and citizens alike are not facing up to them.

In his ads and writings, Cortopassi shows how debt is already cutting into the public services upon which Californians rely. He writes about how the state’s prison realignment has created new and largely hidden financial burdens for cities, including Stockton; about how water and parks bond measures are often corrupt efforts to secure money for the favored projects of the measures’ sponsors; about the $60 billion-plus in deferred maintenance on state roads; and especially about the many billions of dollars in unfunded pension liabilities.

“We act like we don’t have to pay debt back,” he says.

If you’re from Stockton, you know better.

(Connecting California Columnist and Editor, Zócalo Public Square, 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). This piece first appeared in foxandhoundsdaily.com.)

Will Frank Gehry Cast Historic Lytton Bank Building as ‘the Orphan’ in His 8150 Sunset Production?

DEEGAN ON LA-In what could be seen as a blow to historic preservation, further frustrated by twisted planning logic, the City Council’s Planning and Land Use Management (PLUM) committee has decided to approve Frank Gehry’s massive building project at 8150 Sunset Boulevard before considering a recommendation from the Department of City Planning’s Historic-Cultural Monument Commission to grant Historic-Cultural Monument status to the Lytton Savings Bank building that occupies part of the site. By reversing the review and approval process, they have gone about this backwards. 

Had the PLUM Committee considered the Historic-Cultural Monument status motion before the 8150 building motion, they would have had to seriously deal with the question of what to do about the Lytton Savings Bank building (photo left). Instead, they postponed consideration of Lytton Savings Bank’s Historic-Cultural Monument status until November 22. That’s well after next week’s November 1 City Council vote on approving the 8150 Sunset project. 

By taking these two motions out of order, they may have effectively destroyed hopes for preserving the Lytton Savings Bank building, even if it’s eventually granted monument status by PLUM. 

Steven Luftman, co-founder of Friends of Lytton Savings, is fighting for preservation of the building. “At the end of the day,” he says, “I believe that David Ryu will stand by his commitment to preserve the historic Lytton Savings building.” Councilmember David Ryu (CD4), who negotiated a compromise with the 8150 Sunset developer to bring the building height down, “supports the Cultural Heritage Commission decision to award Historic-Cultural Monument status to the Lytton Savings Bank building,” according to his spokesperson. 

The LA Conservancy is also working to find a solution that avoids the wrecking ball for the Lytton Savings Bank building. Director of Advocacy Adrian Scott Fine provided this statement to CityWatch: “The Los Angeles Conservancy continues to press for a win-win outcome and is deeply disappointed in the direction by the City to date. Not only is the project and preservation possible but it was identified in two separate preservation alternatives studied by the City in the environmental review process. Townscape Partners, and their architect, Frank Gehry, however prefer to instead proceed with their plan, needlessly calling for the demolition of Lytton Savings when it otherwise could be successfully integrated into the proposed project. In allowing this to happen, the City is not fulfilling its responsibility under the California Environmental Quality Act (CEQA), and thats a problem.” 

Luftman added, “I feel this could be an amazing opportunity to have two of the most significant architects of Los Angeles -- Frank Gehry and Kurt Meyer -- together in one project. It seems to me that what is keeping this from happening is greed and ego. I find it terribly sad that one architect would want to erase anothers work. Tearing down this historic Modernist building, an obvious Historical Monument, is unacceptable -- especially when alternatives exist. In the end it will be up to the city council to decide if wealthy developers are more important than the citys rich history.” 

The other side of the preservation question was represented at the meeting by Gehry himself, who offered no apologies when he said, “The Lytton Bank building is in a precarious position for this building project.” That statement, and the fawning over him by the star-struck committee members (one gushing “what an honor” it was to have him in the chamber,) left no doubt that the spin cycle was in high gear for project approval, and that Lytton would be orphaned. Anastasia Mann, Chair of the Hollywood Hills West Neighborhood Council observed, “The ‘guardians of our city’ are really selling our soul to the devil for celebrity here.” 

At the center of this brewing controversy was what to do about Frank Gehry’s plans that many (but not everyone) like to build a collection of signature buildings at the intersection of Sunset Boulevard and Crescent Heights Boulevard. Gehry has called this location “the gateway to the Sunset Strip,” to be flanked by his buildings on the south and, on the north, a mostly tree-obscured Chateau Marmont. 

That was the primary question -- to approve or not to approve Gehry’s plans. It was answered by the PLUM committee, pushed by David Ryu, who sent them a forceful letter objecting to the original plans a few days ago, just before the meeting, and subsequently entered negotiations to try to get the changes he hoped for. He seems to have met that goal, said his spokesperson, telling a local paper, “We got right what we wanted -- a 24% reduction [in height]. Right in the middle.” 

In the end, the committee unanimously voted for the compromises brokered by Ryu, who was out of the country but in text message contact with his chief of staff monitoring the situation throughout the PLUM meeting. Appellants Laurel Canyon Association and the City of West Hollywood, as well as the developer Townscape Partners, praised Ryu for his efforts to find a solution, while others at the meeting and in the community afterwards were unhappy with what he had done. 

The PLUM meeting may have lasted five hours (its last three meetings were dedicated solely to 8150 Sunset,) but the wrangling has been going on for years. “The Hollywood Hills West Neighborhood Council has spent three years trying to work with the developers,” emphasized Neighborhood Council Chair Mann. These compromises negotiated by David Ryu are better than nothing...its a step in the right direction. I was impressed that he was able to get them. Its David versus Goliath. Obviously, theres more to be considered; everybody's not thrilled, but I don't know how anybody else, under the circumstances, could have done better than David Ryu did for the community. Davids efforts have been as a result of his attempts to represent his constituents. The reality is that no one else would even try.” 

Where does this stand now? The PLUM committee will send a unanimous recommendation to the full City Council to approve the 8150 Sunset plan when they meet on November 1. On November 22, the committee will consider the unanimous recommendation of the Cultural Heritage Commission to grant Historic-Cultural Monument status to the Lytton Savings Bank building. 

If, after monument status is approved, a preservation plan can be created that includes relocating the Lytton Savings Bank building, or keeping it on site, then it has a chance of remaining intact. Other than Frank Gehry having a change of heart, or David Ryu pulling a rabbit out of his hat, or litigation, it’s possible that the orphaned Lytton Bank building may not be adopted.

 

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.

Wake Up LA! Damning LAT Report Exposes How Developer Bought City Hall Favors

CORRUPTION WATCH--On Sunday, the Los Angeles Times published a damning, in-depth report about developer Samuel Leung and his associates who greased LA’s rigged development approval system with hundreds of thousands of dollars in campaign contributions that benefited City Council members and Mayor Eric Garcetti, seeking favors for a 352-unit residential mega-project known as “Sea Breeze” that the City Planning Commission had rejected.

The LA Times pulled out all the stops — six reporters worked on the story, flashy graphics are featured on the website and a data base was created that provides more information about the contributions. It’s the kind of hard-hitting, fact-driven, eye-opening news feature that should prompt an investigation by the LA County District Attorney’s Office corruption unit. 

Now, the Coalition to Preserve LA and its supporters aren’t surprised by the LA Times’ Sunday bombshell. In fact, we believe the paper should have been covering soft corruption among developers and City Hall politicians much sooner.

Because for months, week after week, our citizens’ movement has rolled out the hard facts about the millions of dollars deep-pocketed developers spend on campaign contributions, slush funds, officeholder accounts and politically connected lobbyists as they seek profitable spot-zoning favors for mega-projects that end up destroying neighborhood character, creating gridlock traffic and causing wide displacement of lower-income and middle-class Angelenos. 

By the way, our opposing campaign that’s funded by billionaire developers never, ever mentions the obvious influence peddling that’s going on at City Hall. Neither do the developers’ apologists. It’s as if developers never seek to change city zoning rules and manipulate a broken planning and land-use system that favors the fat cats over ordinary people.

But the Times report shows that’s obviously case, and we’ve published numerous stories that offer proof as well. This is not just one bad-apple developer doing something shady while everyone else plays by the rules. To wit:

  1. NoHo West in North Hollywood, where developers spent hundreds of thousands in campaign and lobbyist cash to get City Hall favors for a luxury housing mega-project
  2. The same goes for the Westside luxury housing mega-project known as Martin Expo Town Center
  3. And there’s the luxury skyscraper in Koreatown that Mayor Eric Garcetti pushed through against the wishes of the City Planning Commission;
  4. There’s also the Cumulus luxury housing mega-project in South LA — the developers again spent hundreds of thousands in campaign and lobbyists money to get profitable spot-zoning favors from City Hall;       
  5. And there’s billionaire developer Rick Caruso and his luxury housing skyscraper known as “333 La Cienega.” 

As one can see, developer’s seeking spot-zoning favors from the City Council and Mayor Eric Garcetti is happening across Los Angeles — and developers are raking in millions upon millions in the process while longtime residents get displaced, streets get more clogged with traffic and neighborhoods get ruined.

It’s why a citywide solution that’s the Neighborhood Integrity Initiative is desperately needed — developers and LA politicians need to be reined in and the playing field needs to be leveled.

Read the LA Times and check out its database. It’s all there, and you’ll see — LA’s broken and rigged planning and land-use system must be reformed.

(Patrick Range McDonald writes for 2PreserveLA. Check it out. See if you don’t agree it will help end buying favors at City Hall.)

-cw

 

Too Much of a Good Thing

PERSPECTIVE--Increased TV and film location shooting in Los Angeles is a good thing, but can it cross a line?

Some residents in a very quiet neighborhood Valley Village think so … and they have good reason. They support local filming, but a certain production has turned their block into a studio backlot extension for too many days.

Five times in two years, to be exact, for multiple days per event – all at the same residence. The permits cover 3-5 days each, although there is usually an added day at the front or back end for prep and breakdown. The hours run from 6AM to 10PM. However, the crews start arriving at 5AM. Overall, this quiet residential street has been a commercial zone for approximately 25 days within the last two years (with more to come), with 10-ton trucks, trailers, canteen vehicles and porta-johns lining both sides of the street. There are no ex-LAPD officers on hand.

Aside from noise, difficulties backing out of driveways, lack of parking or inadequate access for emergency vehicles – concerns which can be mostly overlooked if they occurred a couple of times per year – the conversion of a residential street for commercial use on a semi-regular frequency is contrary to the right to enjoy one’s property.

There are no restrictions as to how often a specific block or residence can be used as a shooting location.

There are restrictions on yard sales, however.

The owners of the residence who allowed their home to be used are gone during the filming and do not have to put up with the inconvenience. There must certainly be some form of compensation involved. If so, I hope they report it on their tax returns. According to the residents I spoke with, they have not been responsive to appeals from the neighbors.

It would seem there should be a reasonable restriction on location filming in residential neighborhoods, including limits on the number and size of vehicles, the frontage occupied, the hours and days per shoot and minimum requirements for a permit approvals from the affected residents in accordance with the nature and scope of the shoot.

The zoning laws of our city are increasingly being ignored at the expense of the residents.

In this instance, the production company may be enjoying a tax credit for filming locally, but the residents receive little or nothing, only congestion, the aroma of the honey wagons, and noise late into the night.

Not a good deal.

(Paul Hatfield is a CPA and serves as President of the Valley Village Homeowners Association. He blogs at Village to Village and contributes to CityWatch. The views presented are those of Mr. Hatfield and his alone and do not represent the opinions of Valley Village Homeowners Association or CityWatch. He can be reached at: [email protected].)

-cw

State Audit of LAUSD Teacher Jail Costs: Just another Cover-up

EDUCATION POLITICS-What kind of a credible and independent audit of the costs related to LAUSD's removal of allegedly bad teachers can the State of California Auditor objectively perform, when it goes into the audit without questioning anything LAUSD tells them? 

There is no question that it is an expensive proposition to keep charged teachers sitting around, often for years on end, while having to pay their salaries and those of their substitutes. The California State Auditor, in its recently released audit of this practice, never once mentions or takes into consideration the fact that LAUSD saves a fortune when it is able to rid itself -- by hook or by crook or by fabricated charges -- of teachers at the top of the salary scale. These are the teachers with expensive benefits packages and lifetime health benefits -- the ones LAUSD needs to get rid of, one way or another, before they vest. 

The State Auditor presumes from the beginning of its audit that there is an actual net cost and not a net savings achieved when LAUSD targets, removes, and ultimately fires high seniority teachers. It doesn't even consider there just might be an actual savings to LAUSD of $60,000 a year in combined salary and benefits in just the first year these teachers are gone. Simply stated, a major component of what this audit should have looked into has been completely ignored and omitted. And with this blatant omission goes any chance of this audit having any validity, let alone holding accountable for their criminal behavior all those at LAUSD who continue to perpetrate this fraud. 

For one small illustration in this flawed audit -- and what can only be considered a purposeful oversight – we need to examine what is not considered here and elsewhere in the attached State audit. For example, while this audit says: "For a selection of 18 re-assignments (teachers being charged,) costs per case ranged from about $7,000 to nearly $315,000 during the period we reviewed." No information or statistics are given as to how many of these teachers – 93% of whom in unaudited reality were at the top of the salary scale -- were forced out and replaced by fresh out of college "teachers" working on emergency credentials for $35,000, instead of $80,000 a year. And, of course, these young teachers also have significantly less expensive benefits packages. 

If just 16 of these forced-out teachers were at the top of the salary scale, the average cost of removing them was $19,687.50; again, the savings to the District was approximately $60,000 per teacher, leaving a net savings to LAUSD of $40,312.50. And that's in just the first year of this gift to the District that keeps on giving, as long as teachers continue to be dissuaded from sticking around too long. 

It is worth mentioning that both my attorney and I contacted the California State Auditor during this audit with sworn evidence to prove that LAUSD's is actually saving money in the long run on teachers' jail, their substitutes, and all the out of pocket costs it immediately recoups when it forces these high seniority teachers out. I was assured by several people in the California Auditor's office that they would look into this. 

And of course, how or why should the public be concerned, if they are constantly told by all the media marching in lock step with LAUSD that this is about the costs of dealing with "teacher misconduct" and not a felonious scam (see Penal Code 132-134) to get rid of high seniority teachers so the District can save money to squander elsewhere (which is why they needed to target senior teachers in the first place.) 

There's no way LAUSD or the California Auditor could get away with this without the complete cooperation of the mainstream and public media that refuses to report what is actually going on and why. 

If you have any doubts, just read reporter Howard Blume's Los Angeles Times LAUSD party line article about this recent state audit that unquestioningly parrots LAUSD's position that this is only about teacher misconduct: 

Do you think it’s a coincidence that every time the issue of teacher misconduct is mentioned that a picture of convicted teacher Mark Berndt is hauled out to paint all teachers with the same “pervert brush?” Could that be why one element of the Rafe Esquith vs. LAUSD class action suit is defamation...and another is age discrimination? 

(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.

Prop 57: Not Just a ‘Juvenile’ Initiative

TRUTH & CONSEQUENCES-When touting the merits of The Public Safety & Rehabilitation Act of 2016 (also known as Proposition 57,) the 2016 California voters guide addresses the question surrounding juvenile arrests for violent or serious criminal offenses to be charged as adults. Those convicted could spend years incarcerated in California State prisons. Prop 57 strips away the power of prosecutors to try juveniles as adults, overturning Proposition 21 which was approved by 62% of the voters in 2000. Prop 21 gave prosecutors, instead of judges, the right to decide whether juveniles should be charged as adults. 

A prosecutor could file directly against a juvenile in adult court under W&I 707(d), but could also file a “fitness hearing” in Juvenile Hall. Under W&I 707(c), a juvenile is presumed to be unfit for juvenile court. 

Prop. 57 will also strip judges of the power to set sentencing guidelines, transferring that power to Governor Brown's appointed members of the Board of Parole Hearings instead. 

Prop. 57 overturns key provisions not only in Marsy's Law, a Constitutional amendment enacted by voters in 2008, but also the “Three Strikes Law” (Prop. 35), The Human Trafficking law (Prop. 35), The Street Terrorism and Prevention Act (Penal Code Section 186.22) and The Victim’s Bill of Rights (Prop. 8.)

If the court order does not have the enhancement under PC 667.5 of the California Penal code, then a current incarcerated criminal can be released early from state prison. Prop 57 allows the worst “career criminals” to be treated equal to first‐time offenders, prohibiting strong sentences that judges could impose. 

The Voter Guide also hides the fact that Proposition 57 seeks to set new guidelines to allow both appointed Board members and California Department of Corrections and Rehabilitation staff to enhance “good time” credit for current incarcerated adult inmates convicted of very violent and serious criminal offenses and also grants early release from state prison. Presumably, these credits will apply if they attend educational or work/vocational programs -- even if there is no availability for those programs in a particular prison. 

Prop. 57 is a Constitutional Amendment that affords new rights and privileges for even the most dangerous criminals. If passed, it cannot be overturned by the Legislature. 

The devastating effects of AB 109 and Prop. 47 have threatened the safety of all communities and claimed the lives of many innocent victims. Adding the negative impacts of Prop. 57 into the mix would ultimately weaken all of California’s anti-crime laws.

Did you know that violent crimes across the State have escalated over 10% last year? In Los Angeles, crime statistics point to a 20% rise in violent crime last year. Those charged with enforcing the laws of the State know this only too well.

Each side claims the other side is lying. Supporters insist Prop. 57 will help fix the broken system that would rehabilitate prisoners and reduce the recidivism rate. They want inmates to have the “tools” to “stop the revolving door to prison.” 

Gov Brown and his band of followers insist that, “To be granted parole, all inmates, current and future, must demonstrate that they are rehabilitated and do not pose a danger to the public.” But ask yourself, how can anyone “prove” they’ve been rehabilitated during a hearing? Does a simple promise to not harm another guarantee public safety at that inmate’s hands? What happens to all that “rehabilitation” when an inmate is released from prison and cannot assimilate back into society or cannot find a job to support him or herself? 

The California District Attorney’s Association (CDAA) wrote an analysis of the Governor’s Initiative (Prop. 57) in February 2016. 

They note, The term non-violent felony offense is not defined in the initiative, or elsewhere in California law. However, Penal Code section 667.5(c), which has been the law in California since 1977, defines violent felony with a list of some 23 offenses. That list currently includes crimes such as murder and attempted murder, mayhem, forcible rape (but not all rapes,) forcible sexual assault crimes (but not all of them), felonies involving great bodily injury being inflicted on a victim, felonies involving firearm use, robbery, some arsons, kidnapping, carjacking, some felonies involving explosives, and any felony punishable by death or in the state prison for life. Logic dictates that any felony not included in the definition of violent felony would be a non-violent felony for purposes of the initiative.” 

The CDAA also notes that, “not all ‘non-violent felonies’ are limited to low-level crimes like drug possession or auto burglary. Proposition 8 provided California with a ‘serious felony’ list passed by voters in 1982. The ‘serious felonies’ list far outweighs the “violent felonies” list that is found in Penal Code section 1192.7(c). 

“The ‘violent felony’ list is a subset of the ‘serious felony’ list, meaning that violent felonies are also serious felonies. There are numerous serious felonies that are referred to as ‘not violent’ under California law, but which are, in fact, violent in nature. Here is a just a small sampling of those ‘non-violent’ felonies:

  • Penal Code section 136.1 Threats to a crime victim or witness. 
  • Penal Code section 186.22(a) Active participation in a criminal street gang. 
  • Penal Code section 186.22(b) Various felonies committed for gang purposes. 
  • Penal Code sections 191.5 & 192(c) Vehicular manslaughter. 
  • Penal Code section 192(b) Involuntary manslaughter. 
  • Penal Code section 243(d) Battery with personal infliction of serious bodily injury. 
  • Penal Code section 244 Throwing acid or flammable substances. 
  • Penal Code section 245(a)(1) Assault with a deadly weapon. 
  • Penal Code section 245(c) Assault with a deadly weapon on a peace officer or firefighter. 
  • Penal Code section 246 Discharging firearm at an occupied dwelling, building, vehicle, or aircraft. 
  • Penal Code section 261(a)(1) Rape where victim legally incapable of giving consent. 
  • Penal Code sections 261(a)(3) & 262(a)(2) Rape by intoxicating substance. 
  • Penal Code sections 261(a)(4) & 262(a)(3) Rape where victim unconscious of the act. 
  • Penal Code section 261(a)(7) & Penal Code section 262(a)(5) Rape by threat of public official.
  • Penal Code section 422 Criminal threats. 
  • Penal Code section 451(c) Arson of a structure or forest land.
  • Penal Code section 451(d) Arson of property.
  • Penal Code section 455 Attempted arson.
  • Penal Code section 459-460(a) Residential burglary.
  • Penal Code section 487(c)(2) Grand theft firearm.
  • Penal Code section 4501 Assault with a deadly weapon by state prison inmate.
  • Penal Code section 4503 Holding a hostage by state prison inmate. 
  • Penal Code section 12022(b) Any felony involving the personal use of a deadly weapon. 
  • Penal Code section 18740 Exploding a destructive device or explosive with intent to injure.” 

In fact, 56 out of 58 major cities across the State, including Chief’s of Police, District Attorneys and members of the Law Enforcement community stand in staunch opposition to Prop. 57. 

Governor Brown, through his ballot committee has contributed over 40% of the $10.5 M raised in support of Prop 57. 

Prop. 57 makes for great “political speak” just like AB 109 and Prop. 47 that have proven to be epic fails. So, too, will Prop. 57. Politicians know far more about the salesmanship in peddling bills but far less than law enforcement officials who actually patrol the streets -- your streets. 

The choice belongs to voters in November. In today’s current political climate it is difficult to know who is actually telling the truth. But is it really worth gambling away safety in our homes, neighborhoods and schools -- putting our families at risk? 

Get the facts on Prop. 57 before you vote because it can’t be undone down the road.

 

(Caroline Aguirre is a retired 24-year State of California law enforcement officer, LAPD family member, community activist and Neighborhood Watch captain. Aguirre is a CityWatch contributor.)

 

(Katharine Russ is an investigative reporter and a regular contributor to CityWatch. She can be reached at [email protected].) Edited for CityWatch by Linda Abrams.

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