LOS ANGELES

@THE GUSS REPORT-The City of Los Angeles has a history of losing anti-SLAPP (strategic lawsuit against public participation) lawsuits when it has illegally tried to silence critics with threats of unjust criminal charges and physical intimidation. It appears that it may be hit with another anti-SLAPP suit in the coming days for its actions last week, and it could cost the taxpayers millions of dollars in civil damages and LA City Attorney Mike Feuer a headache with the California Bar Association. 

Outside a Canoga Park town hall meeting last Thursday where speakers included Feuer and California State Assemblyman Matt Dababneh, a pack of nearly 20 LAPD and California Highway Patrol officers descended upon the parking lot and allegedly drew and aimed high-powered semi-automatic guns at a man sitting in his vehicle talking calmly on his phone.

(Note: I was on the other end of that phone call, interviewing the man for what was supposed to be today’s article, and heard the encounter from its first moment.) 

Law enforcement’s guns were allegedly trained on Wayne Spindler, the controversial attorney embroiled in a year-long, two-way legal battle with the City of Los Angeles. He was at the meeting a half hour earlier complaining about difficulty registering guns on a state website which is not presently functional. 

After ordering Spindler from his parked vehicle, law enforcement officers instructed him to lie on the pavement where he was cuffed, patted down, and had his vehicle searched while he was interrogated. 

Then Spindler was let go. 

“They eventually admitted it was a false alarm,” Spindler told me by phone after the incident, “but they didn’t apologize. This was an unprovoked threat against my life that I had better drop my civil rights lawsuits against the city … or else.” 

The story started 24 hours earlier when Feuer’s primary spokesman, Mike Wilcox, planted a story in the LA Times that reporter Emily Alpert Reyes apparently failed to confirm with the court website. 

Reyes’ article entitled, LA City Hall Critic Faces Charge of Possessing an Assault Weapon, says, “Spindler was charged with a misdemeanor and is scheduled to be arraigned in April, Wilcox said.”

Note the words: “was charged” and “is scheduled,” both untrue according to the LA courts website at the time of the article’s publishing. This is a snapshot from its website taken on Sunday morning, showing no such charge in the system five days after Reyes’ article was published. If the case isn’t in the system, it has not been filed, a court employee confirmed for me. 

Wilcox made the same claim in written form to other members of the media, which was eventually shared and wound up on the websites of KTLA, LA Daily News, City News Service and others who didn’t check its accuracy against the court website. 

I reached out multiple times to no avail to Wilcox, who has been incommunicado with me since last year when I exposed Deputy City Attorney Hugo Rossitter as running two side businesses in conflict with his city employment, and for his failure to pay business taxes to the cities of Los Angeles and Beverly Hills. I also got no response from Feuer’s executive assistant or his chief of staff.

I then emailed Reyes to determine whether Wilcox tipped her off on a case that was not on the court website and that the defendant knew nothing about, and what is the Times’ policy for verifying what anyone, including a government official, claims? 

Reyes refused to answer, deferring my inquiry (at the direction of her editors Shelby Grad and Steve Clow) to Hillary Manning, the Times’ Communications Director, who repeatedly deflected.

“We do not have a comment on this, as it relates to the details of our newsgathering,” Manning wrote.

When advised that Reyes’ story was factually wrong, Manning asked what about it was incorrect and I told her that my position, too, then, is to not disclose the details of my newsgathering, but that they may wish to confirm its accuracy, which was also suggested to Reyes.

Neither the Times nor Reyes apparently did that though. Her article remains published in its original form on the Times’ website in direct conflict with the LA court website, five days after it was published.

This turmoil all started nearly a year ago when Spindler submitted an LA City Council speaker card with racially antagonistic words and imagery to City Council president Herb Wesson, who is black, and who felt Spindler’s content was threatening. While the city obtained a temporary restraining order (TRO) against Spindler, which he is appealing, the California Bar Association refused to take action against him, citing his content as free speech and that it did not constitute a threat. 

The TRO against Spindler required him to turn in all firearms he owned, which he did in May 2016. His AK-47 was unregistered but, he says, it was grandfathered because it was purchased prior to the 1991 law requiring registration. “As an officer of the court, even though the gun was legally not in the state’s registry, I turned it in for voluntary destruction along with my other guns because that is what I was ordered to do.”

Spindler provided me with a dated copy of the receipt for the gun’s purchase which, he says, was provided to the LAPD when he turned it in. The date of purchase was January 25, 1989, long before the 1991 law. (I cropped the receipt to not expose Spindler’s personal information on it.) 

That raises the question, if possession of the gun is a misdemeanor, as Feuer now claims, why was Spindler not arrested on the spot and charged with a crime when he turned it in in May 2016?

What has transpired between then and now, since the possession was not illegal? 

The answer is Spindler’s civil lawsuits against the city, and his appeal of the TRO, that’s what. 

And why would anyone be charged with a misdemeanor when the state recently launched a program allowing people to register guns without repercussions for not doing so earlier? 

In our phone interview right before the LAPD and CHP surrounded his vehicle with guns drawn, Spindler told me, “If they’re going to try to prosecute me for that, which I am confident I will win, they had better be prepared to charge everyone else in LA in the same predicament.”

At a recent settlement meeting with attorneys representing the city, Spindler says they encouraged him to hold off serving the city with his second civil suit (against Wesson,) allegedly and ominously telling him they “would see what we can do about this.” 

Spindler claims that Feuer’s office planted the fake LA Times story on Wednesday and ‘threatened his life’ on Thursday to induce a quid pro quo to drop his civil lawsuits and his TRO appeal in exchange for their dropping what he says is a baseless misdemeanor charge. 

He adds that Feuer violated the State Bar’s Ethics Rule 5-100, which states that a prosecutor can’t threaten criminal charges in order to get an advantage in a civil lawsuit; Rule 5-110, that they can’t threaten charges that don’t stand up to probable cause standards; and 5-120, that Wilcox’s extrajudicial statements to the media were done to bias a potential jury pool. 

Spindler says he will sue to get the recorded 911 call, if one was actually made, and phone records of everyone who accompanied Feuer and Dababneh to the town hall to establish what threat they claim he posed, and whether, if they felt he did pose a threat, the meeting hall doors were locked and the building evacuated from the other side.

That is what you would do … if you feel someone posed a threat requiring such a heavy-handed law enforcement response.

(Daniel Guss, MBA, is a member of the Los Angeles Press Club, and has contributed to CityWatch, KFI AM-640, Huffington Post, Los Angeles Times, Los Angeles Daily News, Los Angeles Magazine, Movieline Magazine, Emmy Magazine, Los Angeles Business Journal and elsewhere. Follow him on Twitter @TheGussReport. His opinions are his own and do not necessarily reflect the views of CityWatch.) Edited for CityWatch by Linda Abrams.

GELFAND’S WORLD--Everyone remembers how Romeo and Juliet ends. But suppose that by the final scene you know Juliet well enough to really care so that you are deeply bothered by her death. That's what the Elysium Conservatory Theatre is trying to accomplish in its new production of Romeo and Juliet. To a considerable extent, they succeed. Director Aaron Ganz and leading lady Ria Gaudioso have developed a Juliet who is a lot more than the traditional rendering of a sweet but rather passive girl who falls (note the verb) in love with her Romeo. The ECT takes another tack. 

This Juliet is young and, as we know, subject to a stifling family system. But when she sees Romeo, she knows what she wants. She explains to Romeo that he is to take her seriously or not at all. 

This stronger version of Juliet is present -- has always been present -- in Shakespeare's lines, particularly in the famous balcony scene. It's merely a matter of diction and intonation whether Juliet is personified as the more medieval lady or the vigorous spirit of a more modern age. The personality of the character is communicated through how the lines are spoken, and this Juliet speaks to Romeo as one equal to another. She understands that he will officially be her lord and master when they are wed, but there is a strong tone of emotional equality on her part. 

It's not uncommon for theatre companies to try to be novel by staging an old play in a modern setting, say Peleus et Melisande on the Malibu beachfront. Audiences don't generally care much, one way or the other, as long as the director doesn't mess with the music or the words. But ECT goes the other way 'round, staging Romeo and Juliet in traditional costume and devoid of extraneous settings, but letting the characters explore more modern themes even as they go through the old sturm und drang. 

It's a matter of how the lines are spoken. To the more modern Juliet, the following is less dreamy-eyed singsong than serious warning and serious offer: 

If that thy bent of love be honorable,

Thy purpose marriage, send me word to-morrow,

By one that I'll procure to come to thee,

Where and what time thou wilt perform the rite;

And all my fortunes at thy foot I'll lay,

And follow thee -- my Lord -- throughout the World -- 

"I mean it," she is saying. "If you don't mean it, don't come back." 

Romeo is played athletically and engagingly by Gerard Alvarez, who hails from Gloucestershire in England and studied in Bristol and London. Interestingly, he alone among the cast members speaks with any kind of noticeable British accent. After a while, the audience fails to notice. 

This performance carries on an ECT tradition of mixing operatic and balletic elements with the more traditional spoken theatre. The cast functions as characters and chorus alternatively. Melissa Ortiz does Shakespeare's narrative recitations and, in addition, musical numbers which support the dramatic intention, although these modern songs are not present in the original Shakespearean text. As to her performance, If writers still used the term dulcet tones, that's the description I would use. 

Another point: As director Ganz explained, there are a couple of characters who are usually left dangling in typical productions. You might say that they are present merely to be disliked and to provide plot points. Tybalt usually functions mainly to be killed by Romeo, thereby causing Romeo to be exiled by the authorities. Paris usually functions merely as the parentally chosen suitor that Juliet abhors, and as such is the instrumentality by which Juliet is rejected by her own parents. 

This production gives Paris (played by Christopher Lyons) a little scene of his own. In the moment of Juliet's agony -- when she has to deal with the fact that her secret husband Romeo has been exiled from Verona -- Paris is brought in to woo her. The ECT production gives Paris a musical number at this point. He breaks into "Wise men say, only fools rush in" but not as Elvis, just as a man in love, singing a song. Paris goes on with, "But I can't help, falling in love with you" and so on. The actress playing Juliet has to play the part of a young girl who is repulsed, but is trying to camouflage her true feelings. This scene, for all its oddity, actually works as intended. It is a different, deeper Juliet who emerges -- Paris finishes his number with a flourish, and Juliet is left to be talked into the subplot that leads accidentally to Romeo's death and her own suicide. 

Charlotte Spangler ably stays in character as Juliet's nurse, being at times a devoted nag and at other times the personification of sorrow, all in all a compelling performance. Neyssan Falahi is originally French-Swiss, and has the sort of tall, muscular looks that should be worth tv parts, combined with the ability to put on a swaggering air. As Mercutio, he gets one of the best known lines in the history of theatre, "A plague on both your houses," as he realizes that he is dying from a sword wound after one of the senseless street battles that the Montagues and Capulets love to start. This being Shakespeare, that curse becomes prophecy, as audiences have learned for the past four hundred years. 

Newcomers include Rob Miller as Friar Laurence, Giulia Blandino as Gregory, and Christina Gardner as Lady Capulet. ECT has rewritten the Tybalt character as female, played with aggression and speed of foot by Kate Slinger. She seems to get a kick out of playing the role, but transposing a Shakespearean swordsman who picks street fights into a female role seems to conflict with the theme of patriarchy as it ensnares Juliet. Other newcomers include Francesca Gomez, Will August, Justin Powell, Brian Raetz, and Tim Roberts as Sampson, Montague, Capulet, Benvolio, and Peter respectively. 

This production is the opening of ECT's new playhouse on South Palos Verdes Street in San Pedro. As you might expect for such a new theatre, there are some growing pains. The new playing surface is a cavernous rectangular space that still sports unadorned concrete floors and extended walls. As such, it suffers from a bit of reverberation that at some points obscured the dialog. I suspect that something as simple as positioning a few sound-absorbent flats during performances will get things under control. 

At the same time, having a big room allows for big room performances. When Juliet's father bellowed his anger, you could feel it in a way that wouldn't have been possible in the previous space. ECT continues to carry on the immersive theater approach (as it did before) to some extent. 

The new space seems less appropriate to that approach, and for whatever reason, there was less direct interaction with the audience compared to previous productions. At one point, however, cast members pulled audience members from their seats to join in a dance number. There's always something unexpected with this group.

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

-cw

WHERE’S THE LOGIC-Back in 2015, people started telling Mayor Eric Garcetti that toxic vehicle emissions where harmful to people and especially for children, but he rejected the idea repeatedly. Instead, he insisted that the best place for bike lanes in LA was in major thoroughfares; thus, his Mobility Plan 2035 called for Bike Lanes. 

In Eric Garcetti’s defense, only recently did anyone realize that auto emissions where harmful to children’s health. In 1961, the State of California required cars to have positive crankcase ventilation systems.  

In 1966, California did legislate to control auto emissions, but Garcetti, who was born in 1971, was not even a fetus yet, so I guess we can forgive him for not knowing about LA’s poor air quality then. In 1967, California created the California Air Resources Board, but we cannot expect Garcetti to know about this agency -- it was formed four years before his birth. By 1975, cars that ran on leaded fuels were no longer allowed to be manufactured for California, but Garcetti was only 4 years old at that time, so we cannot blame him for not knowing about this fact as well. 

After Garcetti’s most wonderful and compassionate Mobility Plan 2035 was released in 2015, he was still unaware that auto emissions were harmful. So he pressed forward with bike lines in heavily trafficked thoroughfares like Westwood Boulevard and Reseda Boulevard. 

Bike lanes have allegedly been removed from segments of Sunset and Hollywood Boulevards that pass through Hollywood, but not due to any concern that we are giving our children cancer. Rather it’s because the streets were already way too narrow and the intersections were rated F for Fail. Ironically, CD 13 councilmember O’Farrell thought bike lanes in heavily trafficked streets were are a great idea, so he voted “Yes.” Yes, for lung cancer. 

Due to the city’s love affair with giving children and other bike riders cancer by placing bike lanes in LA’s most congested boulevards and avenues, Garcetti’s Mobile Plan 2035 I and II both provide for toxic bike lanes. 

On September 20, 2015, Garcetti, along with the other cancer lovers at City Hall, was sued for concealing the health studies from the EIR for MP 2035 -- research that showed that placing bike lanes in heavily congested areas was adverse to people’s health. Bike riders, as everyone other than Eric knows, are exercising. As they peddle they breathe more deeply and when they come to upward inclines, they peddle even harder and inhale more deeply. At this point trucks, especially diesel trucks, emit more toxins.  

Since September 10, 2016, two community groups, HELP and CCLA, having been fighting in court for the city to take the time to study the health impacts of toxic air emissions in bike lanes. Garcetti has stood firm: no studies. While we know that City government has many sane people who do not think that children should be exposed to heavy concentration of toxic fumes, the orders have come down from the top. No studies that show that toxic auto emissions have adverse health impacts will be allowed! 

This absolute denial, even in face of on-going litigation and the attempt of others in the city to get the bike lanes moved, is business-as-usual for City Hall. The first modest step would be to study the situation, but even that is verboten. Because the rest of the world is not as regressive as Los Angeles, we have the data and almost everyone else is trying to move bike lanes away from vehicle traffic. 

Then out of left field, we have the most curious resolution at City Council. On March 22, 2017, Councilmembers Huizar and Koretz presented a motion that the City needs to study the adverse health impacts of housing constructed next to freeways. The motion says: 

“This revelation is consistent with long-standing concerns of people who live near traffic pollution zones suffering from higher rates of asthma, heart attacks, strokes, lung cancer and pre-term births. The California Air Resources Board provides guidance in its 2005 Air Quality and Land Use Handbook that recommends against "siting new sensitive land uses within 500 feet" of a freeway and certain high-traffic roadways.”  

Wow, is our City Council up-to-date! It has a report from 2005! What’s next? “Lindbergh Baby Kidnapped!” 

Garcetti was not only alive in 2005, but he had already been elected CD 13 Councilmember by the time the California Air Resources Board issued its Air Quality and Land Use Handbook. While we may forgive little Eric for not knowing about the adverse health impacts of vehicle emissions which were published before he was born, what are we to make of his not knowing about them in 2005 or later in 2015 when he issued his Mobility Plan 2035 [MP 2035] which featured bike lanes where the toxins were most lethal? One person has allegedly said that it is unfair to expect Garcetti to read anything that is not attached to a check from a real estate developer. 

It seems that if placing an apartment house or school within 500 feet of a freeway or a heavily trafficked street is a health hazard, then placing a bike lane on Reseda Boulevard, Venice Boulevard, etc. would be a dangerous land use. But not to Mayor Garcetti. He still thinks that our kids should peddle their hardest right there next to the diesel trucks. 

What does Garcetti have to say -- in 2017 – about housing within 500 feet of a freeway or high traffic roadways? 

According to David Zahniser’s LA Times article on March 24, 2017, “L.A. Officials Push for New Steps to Address Health Risks from Homebuilding near Freeways,” Garcetti said, “We should look at both zoning requirements and technology to ensure that people who live in housing always live healthy,” Garcetti said. “I grew up next to two freeways during leaded gasoline days. My family’s experienced cancer. We had a cancer cluster on our street, so I’m very personally sensitive to this. So absolutely. Whether it’s through spacing, or through technology and ventilation, we should be looking at ways of protecting Angelenos.” 

Really? Garcetti is “personally sensitive”? Cue the crocodile tears. Is it his personal sensitivity to cancer deaths that makes him such a vigorous supporter of children peddling the hardest where the air pollution is the greatest? Garcetti knows that he won’t be politically liable 20 to 30 years from now when today’s kids are dying prematurely of lung cancer. So there will be no political blow back on him. 

The multitude of studies from around the world establishing the extreme health hazard to cyclists and especially to children have been presented to Garcetti, but he closes his eyes. Hyperlinks for many of these studies were listed for Garcetti in the petition that HELP and CCLA filed with the Court. It would have been easy for Garcetti to click and learn about the “brand new, never before known” fact that auto emissions have adverse health impacts on children. Maybe Garcetti was too busy counting his loot from the Sea Breeze project ($60,000) and from Rick Caruso ($125,000) to be bothered to look at the data.

Expect three things to happen: 

1) The apartments will continue to be constructed contiguous to freeways. 

2) Kids’ bike lanes will remain in major thoroughfares. 

3) Garcetti will continue to express his personal sensitivity.

(Richard Lee Abrams is a Los Angeles attorney and a CityWatch contributor. 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.

'As the Impeach Donald Trump Now campaign’s website documents in detail,' writes Norman Solomon, 'Trump's personal riches are entangled with countless policy options for his administration. That precedent must be resisted and defeated.' (Image: Common Dreams / CC BY 3.0)

The Massachusetts city of Cambridge will be weighing in Monday on whether the city should call for an impeachment investigation into President Donald Trump.

If the resolution passes, Cambridge would become the first city in Massachusetts and the fifth in the nation to call for Trump’s removal. Town and city councils have no actual legal authority to call for an impeachment, but they can send a powerful message.

The proposed order calls on the U.S. House to back a resolution directing the Judiciary Committee to investigate whether there are grounds to impeach Trump.

The resolution states, "That the City Council call upon the United States House of Representatives to support a resolution authorizing and directing the House Committee on the Judiciary to investigate whether sufficient grounds exist for the impeachment of Donald J. Trump, President of the United States, including but not limited to the violations of the Foreign Emoluments Clause and the Domestic Emoluments Clause of the United States Constitution."

It continues, "On January 11, 2017, nine days before his inauguration, Donald J. Trump announced a plan that would, if carried out, remove him from day-to-day operations of his businesses, but not eliminate any of the ongoing flow of emoluments from foreign governments, state governments, or the United States government; and on January 20, 2017, Donald J. Trump took the oath of office and became President of the United States."

The resolution further argues, "From the moment he took office, President Trump was in violation of the Foreign Emoluments Clause and the Domestic Emoluments Clause of the United States Constitution."

Last Tuesday, Berkeley (photo left) became the third California city to call for Trump's impeachment. The Bekeleyside reported:  

“Every day there’s a new ethical problem that warrants impeachment,” said Mayor Jesse Arreguín, who co-sponsored the resolution, with Councilwoman Sophie Hahn, calling for the federal investigation into Trump. Council members Ben Bartlett and Cheryl Davila asked to be added as co-sponsors during Tuesday night’s meeting.“Every day there’s a new ethical problem that warrants impeachment,” said Mayor Jesse Arreguín, who co-sponsored the resolution, with Councilwoman Sophie Hahn, calling for the federal investigation into Trump. Council members Ben Bartlett and Cheryl Davila asked to be added as co-sponsors during Tuesday night’s meeting.

The mayor’s office cited concerns about how the president has undermined freedom of the press, and had “conspicuous connections with Russian officials,” as some of the reasons the House of Representatives should launch an investigation into the possible impeachment of the president.

The resolution was approved unanimously.

On February 21, Richmond, California became the first US city to pass a resolution calling for Trump's impeachment. And on Tuesday, March 7, the nearby City of Alameda unanimously passed a similar resolution.

Also on March 7,  the small Vermont town of Charlotte passed an advisory resolution calling on Congress to look into whether sufficient grounds exist to pursue an impeachment of President Donald Trump. “It's the first time I ever made a motion,” said Susan Ohanian, a retired teacher who introduced the advisory resolution at the Town Meeting Day gathering in Charlotte.

Here is the text of the Charlotte, VT resolution:

Town Meeting offers an opportunity for Vermonters to bring the Emoluments Clause in the Constitution to the attention of members of the House of Representatives, urging them to investigate whether sufficient grounds exist for the impeachment of Donald J. Trump because of his violations of the Foreign and Domestic Emoluments Clauses of the US Constitution.  Here is a shortened version of the resolution prepared by the legal counsel at Free Speech For People and passed unanimously by the City Council in Richmond, California.

WHEREAS, The Foreign Emoluments Clause of the United States Constitution provides that “no Person holding any Office of Profit or Trust under [the United States] shall, without the Consent of Congress, accept any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or Foreign State,”

WHEREAS, The Domestic Emoluments Clause of the United States Constitution provides that, besides the fixed salary for his four-year term, the President “shall not receive within that Period any other Emolument from the United States, or any of them,”

WHEREAS, Donald J. Trump, the President of the United States, owns various business interests by means of which he receives emoluments from foreign governments, states in the United States, and the United States itself, in violation of the Foreign and the Domestic Emoluments Clauses of the United States Constitution,

NOW, THEREFORE, THE TOWN OF CHARLOTTE RESOLVES to call upon the United States House of Representatives to authorize and direct the House Committee on the Judiciary to investigate whether sufficient grounds exist for the impeachment of Donald J. Trump for the violations listed herein, and

BE IT FURTHER RESOLVED that a copy of this resolution be transmitted officially by the Town Clerk to the Member of the United States House of Representatives that represents the Town of Charlotte, namely, the Honorable Peter Welch.

 (This report by the staff at Common Dreams  … where this piece was first posted.)

-cw

LEANING RIGHT--It’s always impossible to repeal laws that require Ann to pay for greedy people, because the greedy run out on the streets wailing that the Republicans are murdering them.

Obamacare is uniquely awful because the free stuff isn’t paid for through income taxes: It’s paid for through MY health insurance premiums. This is unfortunate because I wanted to buy health insurance.

Perhaps you’re not aware — SINCE YOU EXEMPTED YOURSELVES FROM OBAMACARE, CONGRESS — but buying or selling health insurance is illegal in America.

Right now, there’s no free market because insurance is insanely regulated not only by Obamacare, but also by the most corrupt organizations in America: state insurance commissions. (I’m talking to you, New York!)

Federal and state laws make it illegal to sell health insurance that doesn’t cover a laughable array of supposedly vital services based on bureaucrats’ medical opinions of which providers have the best lobbyists.

As a result, it’s illegal to sell health insurance that covers any of the medical problems I’d like to insure against. Why can’t the GOP keep Obamacare for the greedy — but make it legal for Ann to buy health insurance?

This is how it works today:

ME: I’m perfectly healthy, but I’d like to buy health insurance for heart disease, broken bones, cancer, and everything else that a normal person would ever need, but no more.

INSURANCE COMPANY: That will be $700 a month, the deductible is $35,000, no decent hospital will take it, and you have to pay for doctor’s visits yourself. But your plan covers shrinks, infertility treatments, sex change operations, autism spectrum disorder treatment,drug rehab and 67 other things you will never need.

INSURANCE COMPANY UNDER ANN’S PLAN: That will be $50 a month, the deductible is $1,000, you can see any doctor you’d like, and you have full coverage for any important medical problems you could conceivably have in a million years.

Mine is a two-step plan (and you don’t have to do the second step, so it’s really a one-step plan).

STEP 1: Congress doesn’t repeal Obamacare! Instead, Congress passes a law, pursuant to its constitutional power to regulate interstate commerce, that says: “In America, it shall be legal to sell health insurance on the free market. This law supersedes all other laws, taxes, mandates, coverage requirements, regulations or prohibitions, state or federal.”

The end. Love, Ann.

There will be no whining single mothers storming Congress with their pre-printed placards. People who want to stay on Obamacare can. No one is taking away anything. They can still have health insurance with free pony rides. It just won’t be paid for with Ann’s premiums anymore, because Ann will now be allowed to buy health insurance on the free market.

Americans will be free to choose among a variety of health insurance plans offered by willing sellers, competing with one another to provide the best plans at the lowest price. A nationwide market in health insurance will drive down costs and improve access — just like everything else we buy here in America!

Within a year, most Americans will be buying health insurance on the free market (and half of the rest will be illegal aliens). We’ll have TV ads with cute little geckos hawking amazing plans and young couples bragging about their broad coverage and great prices from this or that insurance company.

The Obamacare plans will still have the “essential benefits” (free pony rides) that are so important to NPR’s Mara Liasson, but the free market plans will have whatever plans consumers agree to buy and insurance companies agree to sell — again, just like every other product we buy here in America.

Some free market plans will offer all the “essential benefits” mandated by Obamacare, but the difference will be: Instead of forcing me to pay a premium that covers Mara Liasson’s special needs, she’ll have to pay for that coverage herself.

I won’t be compelled to buy health insurance that covers everyone else’s gambling addiction, drug rehab, pregnancies, marital counseling, social workers, contact lenses and rotten kids — simply to have insurance for what doctors call “serious medical problems.”

Then, we’ll see how many people really need free health care.

Until the welfare program is decoupled from the insurance market, nothing will work.Otherwise, it’s like forcing grocery stores to pay for everyone to have a house. A carton of milk would suddenly cost $10,000.

That’s what Obamacare did to health insurance. Paul Ryan’s solution was to cut taxes on businesses — and make the milk watery. But he still wouldn’t allow milk to be sold on the free market.

Democrats will be in the position of blocking American companies from selling a product that people want to buy. How will they explain that to voters?

Perhaps Democrats will come out and admit that they need to fund health insurance for the poor by forcing middle-class Americans to pay for it through their insurance premiums — because otherwise, they’d have to raise taxes, and they want to keep their Wall Street buddies’ income taxes low.

Good luck with that!

STEP 2: Next year, Congress formulates a better way of delivering health care to the welfare cases, which will be much easier since there will be a LOT fewer of them.

No actual money-making business is going to survive by taking the welfare cases — the ones that will cover illegal aliens and Mara Liasson’s talk therapy — so the greedy will get government plans.

But by then, only a minority of Americans will be on the “free” plans. (Incidentally, this will be a huge money-saver — if anyone cares about the federal budget.) Eighty percent of Americans will already have good health plans sold to them by insurance companies competing for their business.

With cheap plans available, a lot of the greedy will go ahead and buy a free market plan. Who wants to stand in line at the DMV to see a doctor when your neighbors have great health care plans for $50 a month?

We will have separated the truly unfortunate from the loudmouthed bullies who simply enjoy forcing other people to pay for their shrinks and aromatherapy.

And if the Democrats vote against a sane method of delivering health care to the welfare cases, who cares? We have lots of wasteful government programs — take it out of Lockheed Martin’s contract. But at least the government won’t be depriving the rest of us of a crucial product just because we are middle class and the Democrats hate us.

There’s your health care bill, GOP!

(Ann Coulter is an American conservative social and political commentator, writer, syndicated columnist, and lawyer. She frequently appears on television, radio, and as a speaker at public and private events.)

-cw

DEEGAN ON LA-Proving that she still packs a punch, former City Councilmember and Miracle Mile resident Rita Walters told the City Council’s Planning and Land Use committee what many (but not all) of the Miracle Mile residents present in City Council chambers wanted to hear: her ringing declaration that “the Miracle Mile is a jewel within the city” that deserves Historic Preservation Overlay Zone (HPOZ) protection. 

Walters and the HPOZ supporters got just that, but not without a bruising neighborhood battle about land use and development over the past few months – ever since the City Planning Commission, led by Garcetti appointee David Ambroz, turned the tables on the HPOZ organizers in December by excluding prime strips of the map in order to satisfy developers. These strips had already been certified as part of the HPOZ by the Cultural Heritage Commission. That remapping was, for the most part, undone by PLUM to the cheers of the pro-HPOZ group. 

It was like being at a wedding: with the anti-HPOZ audience sitting on the left side of the council chamber and the pro-HPOZ attendees seated on the right. There were row and rows of supporters for each position. Up front, at the public comment microphone, committee chair Jose Huizar limited comment to fifteen minutes for each side. That was plenty of time to experience the passion and the anger that had turned a quiet, peaceful, charming neighborhood into a mini-civil war battlefield. 

How the neighbors will reconcile remains to be seen. As Councilmember David Ryu (CD4) has said about prior community conflicts in his district: “you’re all going to be seeing each other as neighbors every day, even after you get, or don’t get, what you want.” He was a matchmaker in this one, weighing feedback from both sides. Along with his support for reinstating the excised boundaries, his colleague and City Council President Herb Wesson (CD10) agreed to reinstate the strips excluded by the CPC along Olympic Boulevard in his slice of the Miracle Mile. 

Reconciliation may be slow to come because the stakes were so high in this dispute; it was seen, perhaps simplistically, as property preservation versus property rights. 

Along the way, the organizer of the HPOZ, the Miracle Mile Residential Association, was challenged by leaders of the start-up group Say No HPOZ in what may have been a prelude to an attempt to try and take over the residential association. That got nowhere, except for the eventual formation by the “no” group of “Miracle Mile Forward,” which could be seen as a pro-development, anti-HPOZ organization seeking to institutionalize their voice in the community. They could continue to build support and become another community megaphone as the adjacent museum construction projects at LACMA, the Academy’s Movie Museum, and Metro’s new subway station help change the character of the Miracle Mile. With the major new museum buildings, and the addition of a Purple Line Extension subway stop at Wilshire and Fairfax, the very territory that the HPOZ is protecting will be subject to demand for redevelopment -- if owners are willing to sell their properties. 

This land use and development fight is hardly over, despite the win for the HPOZ side. Ryu has characterized the situation as a combination of preservation of a neighborhood’s identity “while still providing for new housing opportunities along a major transit corridor.” He describes what he has wrought as “a flexible HPOZ for the area.” 

Henry Van Moyland, Co-Founder of Miracle Mile Forward, has revealed to CityWatch that “The next step for Say No HPOZ is its successor organization Miracle Mile Forward, which will advocate from a much broader perspective looking into the future of Los Angeles and, more specifically, Miracle Mile.” 

Miracle Mile Forward will become one of a dozen Miracle Mile stakeholder organizations that include the Miracle Mile Residential Association, the Miracle Mile Chamber of Commerce and the Miracle Mile Civic Coalition (groups that often advocate in lockstep,) Metro (who will likely add a tower development at the footprint of its subway portal, as it has at other subway stops,) LACMA, the Academy's Movie Museum, the Petersen Car Museum, the Page Museum, the Craft and Folk Art Museum, the Mid City West Community Council and Councilmember David Ryu (CD4). 

The next opportunity for the new group to weigh in on what’s happening in the community may be when LACMA’s Draft Environmental Impact Report for their campus makeover is released. The Miracle Mile Residential Association has already submitted a lengthy letter full of questions and concerns to the County, following the public scoping meeting held at LACMA last August. 

In the end, PLUM agreed to reinstate most of the excised boundaries and also to approve HPOZ status: a double win for the pro-HPOZ group and a disappointment for the anti-HPOZ group. PLUM sent a motion to the full city council that was unanimously approved on Tuesday, March 28. An ebullient HPOZ Chairman Mark Zecca said, “We do this not just for ourselves, but for generations to come who will hold dear that this very important part of Los Angeles was saved for them.” 

As for Rita Walters (photo left), a catalyst and activator for the winning side, MMRA President James O’Sullivan simply says, “From our first meeting with her in her home I knew we had found a valuable ally and a new friend. Her quiet counsel and her willingness to dig in and get involved was the shot in the arm we needed. Aside from that, it is always a pleasure to talk to someone who has walked the walk and has the kind of history on her side as Rita does.” It didn’t hurt that Ms. Walters also has the sharp eye of a connoisseur who knows a “jewel” when she sees one.

(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.

APRIL 1, LA WATCHDOG--Mayor Eric Garcetti has decided not to run for Governor of California or the United States Senate in November of 2018. 

According to insiders familiar with his thinking regarding his political future, Garcetti is unwilling to risk a career-ending loss in a primary brawl with three other Democratic hopefuls (Lt. Governor Gavin Newsom, State Treasurer John Chiang, and former LA Mayor Antonio Villaraigosa) who have already raised more than $15 million.  Contributing to this decision is Governor Jerry Brown’s unwillingness to endorse Garcetti or the other three front runners.  

After a meeting this week in Washington with Senator Dianne Feinstein, Garcetti agreed to support her fifth reelection campaign, not that she has any real competition.  As part of the conversation, Feinstein indicated that Garcetti has the potential to be an excellent Senator and is prepared to support his candidacy after she retires in 2024 at the age of 91. 

As is always the case with Garcetti, there is a back story. 

As part of his agreement not to run for Governor, both Newsom and Chiang agreed to support his candidacy for the Senate.  This includes appointing him Senator if Feinstein should resign or leave office before 2024.

Villaraigosa, on the other hand, was unwilling to make this commitment because of his strained relationship with Garcetti.  Villaraigosa is still harboring a grudge because he believes that Garcetti leaked a damning report on his 2009 Solar Initiative to the Los Angeles Times that was responsible for the voters rejecting Measure B, his payback for IBEW Union Bo$$ d’Arcy’s financial support of his 2005 race for Mayor. This also hurt Villaraigosa’s reelection campaign as he received only 55% of the vote, effectively trashing his run for Governor in 2010.  

But Garcetti is not twiddling his thumbs as he is working the crowd, quietly sounding out friends, party officials, and wealthy donors about their willingness to support and fund his campaign for the Senate. 

Over the next five years, sources say Garcetti intends to strengthen his credentials by making LA the “best run big city in America.” He will stress his “Back to Basics” Priority Outcomes which include a focus on the environment and sustainability, public safety, the economy and the creation of good jobs, the repair and maintenance of our streets, sidewalks and parks, more efficient operations, and the elimination of the Structural Deficit by controlling personnel costs.  

And hopefully LA and Garcetti will host the Summer Olympics in 2024, the year that Feinstein will retire after 32 years in the Senate.  

Garcetti will use his popularity to sponsor ballot measures to authorize the issuance of over $15 billion in bonds to finance the repair of our streets, the revitalization of the LA River, and the $8 billion storm water capture plan. 

After receiving over 80% of the vote, Garcetti has a mandate to create a world class City which, if he is successful, will catapult him into the United States Senate. And beyond?

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

-cw

EDUCATION POLITICS-Right up there with motherhood and apple pie is the notion of a vibrant, functional public education system in which everything is done to find and keep the best teachers. But nothing could be further from the truth in the current public education environment that, over the last 7 years, has been openly hostile to teachers -- especially the more expensive high seniority teachers.

Senate Bill 807, “The Recruitment and Retention Act of 2017,” proposed by Senators Henry Stern and Cathleen Galgiani as "a first step to support teachers in a meaningful way," seems to be living in a universe of alternative facts that bears no resemblance to present reality, namely that the public education system has been targeting high seniority teachers at the top of the salary scale for the sole "crime" of being too expensive.

"SB 807 would recruit novice teachers to the profession by providing a tax credit for graduate school and credentialing exam costs. Plus, it [purports to] honor experienced teachers in the classroom for more than five years by eliminating their state income taxes from 2017-2027 -- the equivalent of a 4-6 percent raise."

The question that suspiciously goes unaddressed is why is there a chronic shortage of public education teachers in the first place? To address this question one need only look at a school district like LAUSD or any one of the hundreds around the state and the country that have systematically targeted expensive high seniority teachers. This has caused these districts to hemorrhage thousands of teachers, creating the problem SB 807 now purports to deal with.

Looking carefully at the facts, one can see that the war on these teachers coincides with the hemorrhaging of students to equally abysmal charter schools, taking with them their state-funded Average Daily Attendance and other state and federal payments. This has put districts like LAUSD on the verge of bankruptcy. Their solution? Target and get rid of the best seasoned teachers to balance the budget and continue to collude with corporate charter operators. Remember, Betsy DeVos didn’t come from nowhere. 

SB 807 proposes a tax credit for all money spent toward acquiring a credential or certificate or for offering senior teachers with more than 5 years teaching experience exemption from state taxes. This is similar to treating the self-inflicted disease of public school privatization with charters, instead of addressing the underlying disease, which is charter schools that by every objective standard not only don't do better than traditional public schools, but more often than not do worse.  

The politicians dealing with SB 807 in Sacramento don't seem to have a clue about this reality. If you would like to take a more participatory role in our democracy, might I suggest you give them a call? 

State Senator Cathleen Calgiani (916) 651-4005 

State Senatior Henry Stern (916) 651-4027 

Mike McGuire (Chair) (D-Healdsburg) - Phone: (916) 651-4002 

Janet Nguyen (Vice Chair) (R-Garden Grove) - Phone: (916) 651-4034

Jim Beall (D-San Jose) - Phone: (916) 651-4015

Ed Hernandez (D-West Covina) - Phone: (916) 651-4022

Robert M. Hertzberg (D - Van Nuys) - Phone: (916) 651-4018

Ricardo Lara (D - Bell Gardens) - Phone: (916) 651-4033

John M. W. Moorlach (R - Costa Mesa) - Phone: (916) 651-4037 

If you are in California, please join us in Sacramento at the State Capitol on April 5 at 9:30 a.m. to attend the CA State Senate Governance and Finance committee hearing on SB 807.

(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.

RANTZ AND RAVEZ-There is so much to review with you that I don’t know where to begin. Should I start with the RaveZ or the RantZ? Remember that RaveZ are the good things while RantZ are the bad or not so good things I come across in my daily dealings as a life-long resident of Los Angeles. 

My connection with Los Angeles includes a 33-year career with the LAPD, an election to the Charter Reform Commission and twelve years as a Los Angeles City Councilman.    

Following the March 7 election, I reported on a number of RaveZ and congratulated the winners of the various offices. Some readers I have subsequently met in the community have reminded me that they truly enjoy my RantZ and the criticism of the out-of-touch politicians that blunder with their votes, squander tax dollars and forsake representation of you, the hard-working, frustrated taxpayers of this region of Southern California. With that in mind, here we go. 

On the state level, there is the Governor, State Senators and Assembly members. They are currently working on programs to increase the gas tax, adding to all the other taxes we all pay. Some are also working on establishing California as a Sanctuary State. 

Then there are the five members of the Los Angeles County Board of Supervisors who have one public meeting a week. This is in comparison to the three public meetings the LA City Council has weekly. Not many people know exactly what the County Supervisors actually do since we seldom hear from them. It is like a secret operation of government. Think about it. What exactly do they do with the billions of dollars they collect in taxes? 

Last, but not least, we have the Mayor of Los Angeles and the 14 out of 15 Los Angeles City Council members. One council seat remains vacant due to the fact that one elected official left office for a lobbying opportunity in Sacramento. It must be a well-paying job up there, considering that LA City Councilmembers receive an annual salary of nearly $190,000 a year, plus a car and a pension and many other perks that come along with the job. No wonder so many former California state elected officials serving in Sacramento run for LA City Council seats. 

Let’s do the count of former Sacramento elected officials who are now Los Angeles City Councilmembers: Districts 1, 2, 3 ,5, 9 and 10. Hopefully they will get together and pave the streets, fix the broken sidewalks and use the money you voted for in recent elections to address the homeless crisis that has continued to grow by leaps and bounds throughout Los Angeles, negatively impacting the quality of life in nearly every neighborhood. This includes people living in freeway underpasses, local parks, on sidewalks and in motorhomes parked along so many local streets throughout Los Angeles. It is like a fire that continues to burn and grow with no end in sight. 

You have done your job by voting for more taxes to address the matter. We can only hope and pray that the elected powers-that-be can finally address and reduce or eliminate the situation in the City of the Angels.      

I told you so…and I was right in the end!            

While I was serving as the LA City Councilman for the 3rd Council District in the South West San Fernando Valley, I was approached by a developer who wanted to purchase an old abandoned school on Fallbrook south of Victory Blvd to build an elder care facility. Knowing the need for quality facilities for our aging population, I reviewed the proposal and gave my full and complete approval for the development. Knowing Fallbrook as a major roadway with a 45 mph speed limit with multiple lanes and a variety of businesses, both commercial and residential, I did not hesitate in my approval of the facility. 

Serving on the Board of the Jewish Home for the Aging “Executives” committee for over 20 years, I clearly know the need and concerns of our aging population. All was going well until some members of the community decided to file a lawsuit and forced the developer to modify the facility and put a fortune of money into an account to compensate those that joined the suit. This amount was over $400,000! After an agreement was made with the group, another group of residents decided to protest the facility and pressured the local city councilmen to pull his support for the facility. After all the dealings for a number of years and a court review, the matter was heard before the South Valley Los Angeles Area Planning Commission on March 23. The commission ruled in favor of the developer. 

Finally, after years of review and debate and argument and court cases, senior residents of our community will have another safe and comfortable place to reside in peace and happiness. I want to congratulate Councilman Bob Blumenfield for standing up for seniors and fighting the good fight against a few NIMBYs from the “Preserve Walnut Acres” group that went down in flames.

There you have it. Another edition of RantZ and RaveZ for your reading entertainment. I welcome your comments at [email protected].

(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. 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.) Edited for CityWatch by Linda Abrams.

EASTSIDER-We knew that after all the usual rascals were reelected (except for a runoff in CD 1,) the next step is for our City leaders to wrap up the short-term-rental Ordinance with Airbnb and their progeny. What we have not known about, is the mysterious contract that the City entered into with Airbnb to collect taxes, even though there is still no Ordinance. Just as a reminder, under current law, short-term rentals are illegal in LA City. 

So, a couple of weeks ago I fired up my trusty computer and sent a Public Records Act request to Council President Wesson’s office. In a pleasant surprise, they were very responsive, and it turns out that the keeper of these particular records lies within the purview of the Finance Records Center. They supplied me with the actual contract, and you can find it here. 

Remember, the directive to make a deal for the City to get Transient Occupant Tax (TOT) from Airbnb goes all the way back to May of 2015, when then CAO Miguel Santana was directed to negotiate such an agreement. You can find that document here.  

Most interesting to me in the paperwork was the bald assertion that “the City is legally entitled to collect TOT from short-term rental hosts, directly or via agreements with hosting platforms, while continuing to develop overall short-term rental policy.” Nowhere, of course, was there a shred of statutory authority cited for such a proposition. Thank you, City Attorney Feuer, for your due diligence. 

The Agreement 

The major elements of the contract are clear. First, the City and Airbnb agree that in its collection function, “Airbnb is not a party” to the transactions. To protect Airbnb in this legal fiction, they are awarded the special “get out of jail” status of becoming an independent contractor to the City. 

The way the deal works is that Airbnb agrees to collect the TOT dollars and report aggregate (as opposed to the individual transaction) information to the City along with the bucks. 

They munificently agree to “contractually assume liability” in their role of independent contractor, but the method of keeping track of the TOT fees is fixed so that no one will ever know if they are cheating or not. Here’s how. The City will only have access to “anonymous accounts” for audit purposes. 

Let’s parse this. As the document states, “Airbnb shall not be required to produce any personally identifiable information relating to any Host or Guest or relating to any Booking Transaction without binding legal process served by the Office of Finance on Airbnb with respect to such users.” 

In exchange for this deal, Airbnb is expressly granted immunity from just about anything. Period. Just to make sure, there is even a clause which basically says that if push comes to shove, the Guests and Hosts themselves are personally on the hook for any bad things that happen. 

And oh yes, it’s a three year deal. What a deal indeed. 

The Loot and the Kicker 

Between August 2016 and January 2017, Airbnb revenue under the agreement averaged between somewhere between $2.5 and $3 million dollars per month. Next fiscal year, the City is assuming about $36 million from the Airbnb agreement. For a City Council and a Mayor who can’t balance a budget, you and I know that this is mana from heaven. 

If we had any belief that the City would actually engage in a fair process to consider amendments to the draft Ordinance -- since the City is already getting the TOT money, and the Ordinance is still not a done deal -- is there anything in this contract to prevent LA City from amending it to provide better terms for you and I? You bet. 

Buried in the language is a kicker that states, “This agreement may be terminated by Airbnb or the Office of Finance for convenience on 30 days written notification to the other Party.” English translation -- if the City does anything regarding the final Ordinance that they don’t like, Airbnb can simply bail out of the TOT contract with 30 days notice. 

It seems to me that there is little likelihood the current draft Ordinance is going to get any better for us than it is right now. On that note, the most organized counter to the pro-Airbnb folks is the Keep Neighborhoods First group. You can find their website here, and it includes a copy of the current draft Ordinance. 

Their two main concerns are (1) reducing the number of hosting days allowed by the Ordinance from 180 to 90, and (2) preserving the Rent Stabilization Ordinance (RSO) exclusion. As discussed below, I think they have good reason to be concerned. 

The Takeaway 

First, in their January 25, 2017 cover letter to the PLUM Committee, the Planning Department proudly declaimed that “The amendment removed all references that permitted Home-Sharing in non-primary residences, and clarified that the prohibition on Home-Sharing in units subject to the Rent Stabilization Ordinance applies to all units, not just those that are renter-occupied.” 

As with the actual Airbnb contract, the statement is all well and good on its face, but my question is simple. If all the underlying data is anonymous -- like in a Swiss bank vault or a Cayman Island bank account -- how on earth are we ever going to know if any of these statements are true? The answer is, we are not. 

By the way, I’m not the only one to notice a pattern of secrecy in these municipal tax deals that Airbnb is negotiating. Fortune, in a recent article called “Airbnb Faces Scrutiny over Secret Tax Deals with Cities,” also reports this as an emerging pattern of Airbnb in their run up to an IPO. 

Let’s face it. Airbnb has learned from their expensive and contentious attempts to fight City Halls across the nation. It’s a lot cheaper to simply buy the elected officials off through local fees like LA City’s TOT. 

I have to admit, Airbnb has come a long way from a couple of guys renting an air mattress in their loft and providing breakfast to help them make ends meet. This is now a big business that recently did another $1 billion dollar offering, and is estimated at being worth around $31 billion if and when they do an IPO. 

Based on all the above, I’m doubting that the final version of the Ordinance will be improved over the draft, and it could get worse. At 180 days/year of rental, it is assured that the character of our neighborhoods will change, and I see no provision that will improve infrastructure to accommodate the increased load on our utilities, streets or sanitation. 

Of course, if you are a supporter of Airbnb, or thinking about it making some money for you, then you’re going to be able to rock ‘n roll with it…all the way to the bank!

(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.

REMEMBERING MIKE GARCIA—One of labor’s great organizers has died. Mike Garcia. These words by SEIU/USWW Local 1877 president David Huerta speak for thousands.

It is with a sad heart today and with Gloria's blessing that I have to deliver the tragic news of the passing of my mentor, my friend, my leader Mike Garcia. After a long fight with diabetes and kidney
failure, Mike is finally at peace.

Mike, to the many he was able to touch through his leadership, was someone who could move mountains through his fight for working people. I will remember him for the lessons he taught me in humility and strength; the heart that it takes to lead and always the need to know what you don't know.

His love for our membership, his community and his family was a driving force in his ability to build one of the most powerful unions in labor. A union built from the blood sweat and tears of immigrant
workers, Black workers and the working poor.

It was his sense of family, community and justice that gave him the clarity by which to lead. There were no gray areas in Mike's fight for justice. His mission was to fight for the least amongst us.
And it was that compassion for working people that made him the man he was.

I will forever be in his debt for giving me the opportunity to be a leader. He opened doors for me and others that had once been closed to him and his generation.

On behalf of the men and women of SEIU/USWW, I want thank Mike Garcia and his family for all that he did and giving us the privilege of having him as our leader. God speed Mike, my brother, my mentor, my president, you will be missed. Be sure to organize a space for all of us in heaven when we get there.

Rest in peace,

Thank you.

Es con un corazón triste hoy y con la bendición de Gloria que tengo que dar la trágica noticia del fallecimiento de mi mentor, mi amigo, mi líder Mike García. Después de una larga lucha con diabetes e insuficiencia renal, Mike finalmente está en paz.

Mike, a los muchos que fue capaz de tocar a través de su liderazgo, era alguien que podía mover las montañas a través de su lucha por los trabajadores. Lo recordaré por las lecciones que me enseñó con humildad y fuerza; El corazón que sabe dirigir y siempre con la necesidad de saber lo que no sabes.

Su amor por nuestra membresía, su comunidad y su familia fue una fuerza impulsora en su capacidad para construir uno de los sindicatos más poderosos del trabajo. Un sindicato construido con el sudor, la sangre y las lágrimas de los trabajadores inmigrantes, los trabajadores de color y los trabajadores pobres.

Fue su sentido de la familia, la comunidad y la justicia lo que le dio la claridad para dirigir. No había áreas grises en la lucha de Mike por la justicia. Su misión era luchar por lo menos entre nosotros. Y fue esa compasión por la gente trabajadora lo que lo convirtió en el hombre que era.

Siempre estaré en deuda con él por darme la oportunidad de ser un líder. Él abrió las puertas para otros y para mí que una vez se habían cerrado a él ya su generación.

En nombre de los hombres y mujeres de SEIU USWW, quiero agradecer a Mike García y su familia por todo lo que hizo y darnos el privilegio de tenerlo como nuestro líder. Dios guardo a Mike, mi hermano, mi mentor, mi presidente, te vamos a extrañar. Asegúrese de organizar un espacio para todos nosotros en el cielo cuando lleguemos allí.

Que descansa en paz

Gracias”

+++

And from another long-time SEIU organizer and political strategist, James Johnson, now the California League of Conservation Voters’ Political Director:

I was so sad to hear of Mike Garcia’s passing.

I had the good fortune to meet this amazing leader 30 years ago when I was a young 22 year old organizer, just starting out on one of my first union assignments in San Diego. One of the first people I met in the labor movement, Garcia was working in San Diego to help organize janitors at the very beginning of the Justice for Janitor movement in California. San Diego in 1985 was a tough and far different place than it is now! Folks were downright anti-union. I was feeling a little homesick but not trying to let on and out of the blue Mike Garcia invited me -- a 22-year old African-American kid from South Los Angeles -- to join him and a couple of veteran organizers for a beer. That extending of a hand meant the world to me. It still does! That was Mike Garcia.

Fifteen years later, and after a number of efforts, Garcia’s union finally succeeded in organizing the janitors at USC where my dad worked for 34 years. My dad’s retired now, having served as a member of the union’s negotiating team. Due to the hard work of members, staff, and leadership of SEIU 1877 and USWW, my dad earned the dignity and respect on the job that our family cherishes.

Mike Garcia was a smart and humble person. I sometimes wished he would run for elective office, but he was first and foremost a union organizer. Like so many of his members I’ve had the honor to work with over the years, he was somebody who thought and spoke passionately about how we make LA work for all of us. I wish everyone had the opportunity to have met Mike Garcia. I know that their lives would have been forever changed. I will miss him.

+++

Finally, a video about Brother Garcia. 

(Julie Butcher writes for CityWatch and is a retired union leader 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.’)

-cw

CONNECTING CALIFORNIA--Is California to blame for Donald Trump?

That may seem a preposterous question to ask of a state that voted so decisively against the new American president that it was responsible, all by itself, for his loss of the popular vote. It seems even stranger given California’s near-total resistance to Trump’s presidency, and the way our state embodies so many of the good things—diversity, immigration, international cooperation, and science-based policy—that Trump and his acolytes rage against.

GELFAND’S WORLD--There will be a March for Science  on Saturday, April 22. What's it about? In my view, this event is meant to caution people that we should not get dragged into a modern day Dark Ages. The organizers are using different words, but that's the gist of it. 

Bringing back a real version of Medieval Times does not imply that we will all go back to trudging behind a plow pulled by an ox. It does refer to the danger of becoming a culture in which leaders demand of us that we follow dogma rather t han think things through based on observed facts and logic. When the dogma is wrong in fact and theory and when it controls the actions of government agencies, we've got a problem. 

If we are willing to be blunt, we can simply refer to the President's Cabinet. We've got global warming deniers, environmental protection enemies, and those who would deny a large fraction of the people the benefits of modern medicine. The president's proposed budget slashes funding for scientific research, even as the official agencies of the United States are being cautioned against telling the truth. 

And that refusal by the new administration to admit to the truth, whether it be the facts of climate change or the size of the inaugural crowd, is a truly scary thing. The argument over the size of the inaugural crowd is merely a clue as to the personality of the chief executive, but the refusal to admit to global warming could potentially lead to catastrophe. 

There are of course other catastrophes to consider. Some of them are less dire than the return of the glaciers, but slow death due to lung disease is a catastrophe at the personal level. 

There is more than just global extinction and ill health to think about. When the government lies to us habitually, it has a mass-cultural effect. We're not talking about the petty sins of the ruling class -- the fund raising game and the pocketing of small bribes -- we're talking about a real life version of a George Orwell fiction. Being bombarded with big lies about serious issues has an effect on thinking patterns and on the psyche. 

What we're talking about is an attempt to prevent this from happening. 

It's really an attempt on the part of alarmed people to preserve civilization. The organizers might have called it the March for Civilization and stated the case just as well, but the March for Science is catchy and will draw attention. Let's hope that this isn't confined to big cities on the coasts, and that small town sites of land grant colleges all over the country draw their own crowds. 

So join the concerned people of Los Angeles three weeks from now and make a statement that we need to respect the truth. You will be merging your voices with people at lots of gatherings all over the country. 

The one here in Los Angeles begins at Pershing Square Saturday, April 22 at 9 am and goes on for the rest of the day. 

Allison Schroeder, the screenwriter for Hidden Figures, will be one of the speakers along with scientists, business leaders, and at least one congressman. Under other circumstances this would look like a celebration of American accomplishment. But as you have already figured out, that's not what it's about.

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

-cw

PLATKIN ON PLANNING-A hint: it is not to bestow financial gifts to major real estate investors and contractors, even if they pay-to-play and expect General Plan updates to be their Rx for even fatter profits. 

Here are some real reasons why LA urgently needs to properly update its entire General Plan: 

First, the City has a legal obligation to comply with the State of California’s laws and regulations regarding planning. The Governor’s Office of Planning and Research now offers a major draft update to its General Plan guidelines. They not only carefully lay out these legal requirements, but also offer extraordinary online resources to cities and the public, especially regarding infrastructure and climate change. 

Second, the basic approach of most existing General Plan elements is sound, especially its central document, the General Plan Framework Element. It calls for planned growth, sometimes called controlled growth, in Los Angeles. In fact, this has been the City’s basic approach to city planning for nearly 50 years. The era of deliberate suburbanization and urban sprawl is long over. But, this carefully crafted plan for controlled growth has unfortunately been sabotaged by the City Council in many different ways, all of which need to be offset by a properly updated General Plan. 

• During this entire period, from 1970 to date, the City Council has consistently departed from its own adopted General Plan elements and their implementing zoning through spot-zoning and spot-General Plan ordinances for major donors. 

• Claiming a staff shortage, the City Planning units charged with maintaining and updating the General Plan have been on a starvation diet. 

• In a daring effort, after 22 years of false starts, the Planning Department prepared -- and the City Council unanimously adopted -- a deficient update to the Hollywood Community Plan. This developer-driven update used inflated population figures from SCAG, while neglecting to calculate the zoning build-out potential of private parcels in Hollywood. Instead, the completed plan up-zoned and up-planned whole corridors and entire Hollywood neighborhoods without a convincing rationale. 

Of course, the real agenda was to turn the update process into a speculators’ dream palace. Not long afterward, in response to three totally predictable lawsuits, Superior Court Judge Alan Goodman rescinded the policy sections of the plan, the update’s Environmental Impact Report, and most importantly, its voluminous appended ordinances to up-zone and up-plan Hollywood. 

• The planning Department has also failed to properly monitor the General Plan, even though the Framework required this in exacting detail through a special Monitoring Unit. Not only has the City failed to adequately monitor any of the General Plan’s elements, but it has also never properly re-calculated LA’s zoning buildout potential in light of SB 1818, the affordable housing density bonus. Similarly, it has not monitored user demand and projected capacity for the City’s infrastructure and public services.  

• Likewise, City Hall has never managed to update any General Plan elements – with the possible exception of Mobility and Health – to reflect accurate population and employment changes, as well as startling new data on increased earthquake, freeway, and climate dangers. 

Third, if/when City Planning fully undertakes the update of the General Plan, it must carefully repair this sabotage and implement obvious conclusions from the following information. 

• The latest data on climate change in Los Angeles, especially several recent UCLA studies that forecast neighborhood-level changes in temperature, precipitation, sea-level rises, and water supplies. 

• The latest data on Los Angeles’ earthquake dangers especially from the Inglewood and San Andreas faults.  

• The latest data on the City’s infrastructure, especially long term maintenance compared to the destruction and devastation resulting from a major earthquake. 

• The latest and best data on population trends, disaggregated into small sub-areas, to determine which neighborhoods have grown, are in population equilibrium, and which, like Hollywood, are experiencing population decline. 

• The latest data of the health hazards of living near freeways. 

• The latest data on the residential zoning build out potential of local areas, such as the 35 Community Plans. The City’s existing data is about 25 years old, and City Hall urgently needs to update it to reflect zoning laws that allow by-right apartment houses on all commercial and M-1 industrial lots. Furthermore, this zoning build out potential should be expanded by up to 35 percent through the City’s density bonus ordinance, implementing the State of California’s Senate Bill 1818. 

Fourth, if the City properly updates the General Plan, I expect City Hall will reach an uncomfortable conclusion, at least for the pols and their patrons. Despite their frequent claims, there is no demonstrable need to up-zone and up-plan Los Angeles. In fact, in light of the data I have outlined above, they should conclude that many neighborhoods warrant down-zoning because of climate change adaptation and mitigation, earthquake dangers, freeway proximity, inadequate infrastructure, scarce resources, and insufficient public services. 

This is exactly what future fights over the General Pan will turn on. Will City Hall accede to big real estate developers and rampantly up-zone and up-plan for them, like they attempted in Hollywood? Or will they follow the data, as well as community input over these issues, and make sure that public infrastructure and public services – not real estate speculation -- are their first priority? And, will they make sure no area of the city will be over-developed where there is not sufficient infrastructure, sufficient public services, or where the dangers of climate change, earthquakes, and freeway proximity warrant careful regulation of real estate projects?

(Dick Platkin is a former LA City Planner who reports on local planning issues for CityWatch LA. Please send any comments or corrections to [email protected].) Graphic credit: LA Daily News. Prepped for CityWatch by Linda Abrams.

BELL VIEW-Last week I wrote an article about what gets lost when a city changes. My comment about “the kids these days” drew a flood of attacks from a couple of anonymous trolls. They called me a loser, a cranky old man, a selfish piece of sh*t, an emotional child, and a bad lawyer. 

And worse, they called me a “Boomer.” And that ain’t right. I belong to the Blank Generation. I can take it or leave it each time. 

One of these trolls, I suspect, is a lawyer for developers. Or maybe the Koch Brothers or the Keystone XL Pipeline. The other I’m pretty sure is a “realtor,” who thinks the homeless should be hosed off the streets of downtown LA. I don’t know for sure, though, because these guys prefer to attack people’s character from under a sheet. It’s an honorable tradition that goes back to the KKK.

But mostly, they called me a NIMBY – that all-purpose insult of today’s young urbanist. 

Most of my political battles in this town started during my time in East Hollywood. Every time I pushed back against some developer’s stucco-encrusted knock-off dormitory, some hack would call me a NIMBY. It’s an easy attack whenever anyone opposes our society’s collective drive to make the rich richer. But after a while I started to think: “Damn – for a NIMBY, I sure do have a lot going on in my backyard!” Up-zoning along freeways, homeless housing, Ellis Act evictions, small-lot subdivisions – you name it. Just about every battleground issue playing itself out in Los Angeles was taking place fairly regularly on the streets of East Hollywood. 

Then I moved a little uphill and started getting involved in some community Facebook groups and blogs for Los Feliz and Silver Lake and … what do you know … these fairly static upscale communities are just chock full of “urbanists.” An urbanist, apparently, is someone who never met a development she couldn’t get behind.

In contrast to the hated NIMBY, these urban elites like to think of themselves as “YIMBYs” – or “Yes in my backyard!” (Exclamation point mandatory.) “Yes,” they cheer, “yes – in my backyard – build that skyscraper, eviscerate the old Los Angeles, bring us more steel and glass, up-zone next to freeways, create more spaces for people and fewer spaces for cars, and for chrissake bring us a Target store already …. And do it now!” The YIMBY cares not for planning, and generally believes zoning codes are racist, twentieth-century holdovers like blue laws or the Taft Hartley Act. They just get in the way of the marketplace working its magic to bring us all together.

But a lot of what these YIMBYs are screaming for doesn’t really happen in their backyards. Sure, Silver Lake and Echo Park are looking at a few massive developments – but nothing compared to Hollywood, East Hollywood, or Boyle Heights. Low wage and immigrant families can feel themselves being pushed out of their neighborhoods to make room for “affordable housing.” But while Los Feliz and Echo Park might get more crowded in the years to come, no one’s looking to push the well-heeled residents of these communities out of the way of progress. “We want cheaper rents!” they say. 

They point to Denver, where the gods of supply and demand brought the average rental price down from $1,367 to $1,347 – or, as I like to call it, “The Denver Miracle.” But pushing rents down from $1,950 to $1,925 isn’t going to do much for the thousands of our neighbors losing their rent-controlled homes to make way for new development. 

Most of the YIMBYs I know don’t have to worry about that kind of thing happening to them. In fact, some of my favorite YIMBYs actually live in the hills – where nothing will ever get in the way of their quiet enjoyment of the life they’ve become accustomed to. No – whenever a YIMBY starts screaming about “Yes in my backyard!” – more often than not he means, “Yes in their backyard!” Because nothing really Earth-shattering is likely to happen where they live.

So I propose a new acronym: the “YITBY” – “Yes in their backyard!” – for the urbanist who’s got nothing to lose. And I mean that: nothing.

(David Bell is a writer, attorney, former president of the East Hollywood Neighborhood Council and writes for CityWatch.) Prepped for CityWatch by Linda Abrams.

EDUCATION POLITICS--Dr. Chris Emdin, associate professor at Columbia University's Teachers College in his new book "For White Folks Who Teach in the Hood...and the Rest of Y'all Too," completely misunderstands why poor minority students continue to fail in public school and in the process he comes up with bogus "white hero teacher" alternative facts to explain why these poor minority children continue to fail. 

Somehow Professor Emdin ignores the predictable negative educational deficiencies in our still segregated, racist public schools even though 63 years ago Brown vs. Board of Education declared, "Separate but equal...is inherently unequal." But what else should we expect when that is still the reality for the vast majority of minority children who attend inner-city schools? 

There is complicity among not only White but minority administrators when they continue to enforce failed education policies like social promotion in which students are promoted year after year, whether or not they have mastered prior grade-level standards. This has created a massive population of Black and poor minority students that never had a chance from “Jump Street” in the segregated system that they -- and probably their parents -- have been subjected to unnecessarily. 

It is patently offensive and self-deceiving to falsely romanticize minority student failure (failure that would occur within any ethnicity under in the same failing circumstances) as proof that Black children “learn differently.” They just may learn differently -- or not at all -- not because of their ethnicity, but because of what they have endured in a public education system that "graduates" them -- one way or another -- without the basic literacy and skills they need to develop a profound understanding of their own and other cultures. 

When Professor Emdin seeks to "value the unique realities of minority children, incorporating their culture into classroom instruction," he and others presuppose a level of literacy that is for the most part nonexistent. Why? Because it has never been taught in a public education system that is still purposefully failing these students, families, communities and cultures. 

Education administration, being one of the few upwardly mobile professions open to people of color, finds minority leaders enforcing archaic, racist inner city public school policies that are continuing to assure the ultimate failure of the vast majority of their students. There is a certain sick irony of this negation of racism; when push comes to shove, a public school administrator of whatever ethnicity will turn momma's picture to the wall, protected his or her ability to collect a six-figure salary, no matter what the cost to the kids. 

Don't expect things to change in the near future if educators keep citing the failure to respect Black culture as the alternative fact for why Black students aren't learning. This ignores the real reason for student failure which is a clearly racist public education system that does not implement a timely, age sensitive, subjective student level education.

There is literally no attempt to educate predominantly poor students of color in any manner that remotely resembles the way White students who attend private schools are educated. So expect the prison population to rise in the future, above its present obscene level of 2.3 million. 

"Black culture" has nothing to do with a system of rote public education where the Socratic Method and critical thinking are nowhere to be found in any form. To sanctify this patently inferior and generationally perpetuated system of non-education as a failure because it didn't respect "black culture" ignores the glaring reality that all other non-colored cultures in America have somehow gotten educated without losing their culture of origin. 

All Americans of any ethnicity can hardly deny the significance Black culture has had on our collective national identity. But explaining the premeditated failure of Black and other poor children of color in public schools by saying that their culture is not respected in public schools is patently ludicrous. Having more than a 500 word vocabulary and knowing your times tables is a better measure of whether you will maintain your culture of origin. And throwing in some real estate finance or credit card literacy into the mix might be more likely to promote my kind of Black culture without exploitation. 

The generational failure and objective inferiority created by what remains a segregated public education system is and remains a burden -- not a culture -- that could have been and can still be avoided. One merely needs to recognize that inner city "public education" as presently constituted is no place for students of any ethnicity to recognize their potential. 

It’s wrong to justify this failure with falsehoods like ‘Black students learn differently’ or that it's the fault of White teachers -- themselves many times the victims of the system since they are stymied at every turn and often fired if they embarrass the power structure by actually trying against all odds to educate Black and other children of color to their potential. The excellent public education of our past is the best antidote to racism…but only if, once and for all, it is offered to all our people.

(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.

@THE GUSS REPORT-The Los Angeles Times reported last week that the LA District Attorney’s office is investigating whether LA City Councilmember Curren D. Price Jr. is simultaneously married to two women, a story I broke on CityWatch on February 27, with follow-ups on March 2 and March 6.  

The DA’s office subsequently confirmed for me they are also investigating allegations of other misconduct by Price, some of which were outlined in my March 6 article. A forensic dig may reveal a lot.

To review: 

The last time Price attempted to divorce his first wife, Lynn Suzette Green-Price, was 2012. But news sources indicate that he was already remarried at that time to his second (and current) wife, Del Richardson-Price.

At that time, Price and his divorce attorney Albert Robles claimed in a misdated document that they could not locate Lynn Price for the purpose of serving her with divorce papers. They asked that the court instead allow them to serve notice by buying a public notice ad in a local newspaper. 

Price and Robles claimed that Lynn Price’s most recent address was 4519 Don Arturo Place in Los Angeles. But according to Price’s 2013 financial disclosure forms, the occupant of that address was not Lynn Price, but a Dr. and Mr. Earl Jones. Price knew who the tenant was because – bizarre as it sounds – the property belongs to his second wife, Del Richardson-Price, who has owned it since June 21, 2001 to the present. 

If Lynn Price had lived there, as Price and Robles claimed, the address to which they mailed her refunded security deposit would be a more logical address at which to serve her. 

At any rate, locating Lynn Price would not have been a difficult task had Price and Robles endeavored to actually find her. Her address is listed on the website of her law firm in Trenton, New Jersey, as well as on the California and New Jersey Bar Association websites. 

Accordingly, the court rejected Price’s and Robles’ request to publish a divorce announcement in the newspaper and, instead, directed them to ascertain Lynn Price’s address via the forwarding address at the local post office. While it is unclear whether Price and Robles did that, the case has been dormant ever since.

Los Angeles Superior Court Judge Marc D. Gross, who would oversee the case were it re-opened, is aware of the Price divorce controversy, but has yet to schedule a hearing for an Order to Show Cause (OSC), which is the legal equivalent of asking WTH is going on here? 

Subsequent to my breaking this story a month ago, Robles declared in one interview, “Curren Price is divorced. End of story.”

But since there is zero public evidence that Price and his first wife are divorced, the California Bar Association may take note of the discrepancy and determine why, since Robles insists that they are divorced, there is no record of division of shared assets or spousal support, the basic elements of divorce law, let alone a final determination. 

So back in 2012, Councilmember Price knew he was still married to Green because he was still trying to divorce her. Yet simultaneously, he failed to list her assets and income on his 2012 California Fair Political Practices Commission financial disclosure forms, also known as Form 700. It requires that candidates, officeholders and their spouse (or spouses in Price’s case) list their income and assets. 

But let’s give Councilmember Price the full benefit of the doubt and assume that his failure to disclose Lynn Price’s assets and income was either an honest error, or he was too embarrassed to disclose his divorce chaos. Both would be understandable, although not excusable, since the disclosures are signed under penalty of perjury. 

So why, then, did Price (according to Los Angeles City Ethics Commission records) in 2012 also fail to disclose any of the assets and income of his second wife, Del Richardson-Price? 

It is implausible that Price didn’t know this was required because he previously held elected offices on the Inglewood City Council, California State Assembly, California State Senate (holding various leadership roles while there) before being elected to the LA City Council. 

Real estate holdings Price failed to disclose include:

4519 Don Arturo Place

4171, 4171 ½, 4173, 4173 ½ Brighton

372, 374, 376 W. 12^th Street

506 – 510 S. La Brea Avenue 

Since some of Price’s properties are located in the City of Los Angeles, he was supposed to disclose ownership in the event they were impacted by City Council votes on issues such as sidewalk repair, street lighting, street furniture, advertising and redistricting, among others. 

Price also failed to disclose the businesses owned by second wife Del Richardson-Price including DRA Associates, Just Work Inc. and Cuba Travel Service. If they, or their affiliates, applied for contracts from the LA City Council, Price would have had to recuse himself from those discussions and votes. 

Councilmember Price also neglected in 2012 to list any of Del Richardson-Price’s clients who paid her more than $10,000 each. A year later, in 2013, at least 20 businesses and government agencies fit that description:

LACMTA, City of LA HCID, Retirement Housing Foundation, Reiner Comm, HCHC, Harris & Associates, Inc., Turner Construction Company, Beacon Integrated Professional Resources, City of Hawthorne, City of LA Department of Public Works, Deep Gree (sic), Hollywood Park Tomorrow, LADWP, Mark Thomas & Company, Old Timer Foundation, OPC-Westside, Serrano, Vistas, West Hollywood Manzanita, West Valley. 

Councilmember Price either failed to detail his wife’s client-based income in 2012, or she went from zero-to-20 clients as soon as he was elected to LA City Council.

A comparison of Mr. Price’s participation in LA City Council discussions and votes to Del Richardson-Price’s client list will show that he at times failed to recuse himself on issues that benefitted his wife, her clients and, therefore, himself. 

With a Rose Mary Woods twist … 

Mr. Price has refused multiple requests to field live questions. At a time when truth from politicians is in such short supply, you would think Councilman Price would be looking for any opportunity to set the record straight. 

(Daniel Guss, MBA, is a member of the Los Angeles Press Club, and has contributed to CityWatch, KFI AM-640, Huffington Post, Los Angeles Times, Los Angeles Daily News, Los Angeles Magazine, Movieline Magazine, Emmy Magazine, Los Angeles Business Journal and elsewhere. Follow him on Twitter @TheGussReport. His opinions are his own and do not necessarily reflect the views of CityWatch.) Edited for CityWatch by Linda Abrams.

PLATKIN ON PLANNING--From the days of Not Yet New York in the 1980s to the present, some Angelenos consider New York City to be the opposite of their vision for Los Angeles. This is understandable because New York City, especially Manhattan, has much higher density (people) and intensity (buildings) than Los Angeles. 

New York City: But, appearances can be deceiving because New York City has the lowest per capita carbon footprint of any major city in the United States. The reasons are no mystery since most people in NYC use mass transit and live in apartments, not houses. But, there is more, and this is the real lesson for Los Angeles, a city whose residents generate nearly twice the amount of Green House Gases per capita as New Yorkers.   

As carefully explained by David Owen in Green Metropolis, New York City combines high residential density with high-density commercial, public transit, and other categories of public infrastructure and services, such as parks, schools, and libraries. Unlike Los Angeles, NYC clearly demonstrates how density can (but not necessarily will) address the Green House Gases responsible for global warming and climate change. In contrast, LA's approach: frequent City Council approvals of large and tall buildings where they can only be built through pay-to-play spot zones, is hardly the same. 

Even though LA has no shortage of apologists and boosters for poorly located but highly profitable high-rise buildings, such as 8150 Sunset, there is nothing sustainable about this land use decision-making model. In fact, the City Council’s approvals actually make the environment worse. If we look closely at these special ordinances and approvals, they should be accompanied by a sound track of ringing cash registers and wheezing Angelinos. This is because the Council’s spot-zones and spot-plan ordinances are worth many millions to developers, despite the ensuing air pollution. 

To truly address climate change, Los Angeles needs to make sure that its updated General Plan stipulates dense public services and infrastructure for all areas where greater density is planned. Furthermore, these dense public services and infrastructure components must be available when new projects are completed. After completion, the projects must then be carefully monitored to confirm that that their Green House Gas mitigation programs actually work.  If not, then the City Council ought to lower the boom on them. 

This is why the Los Angeles City Hall status quo model, still soundly championed by many commentators, is and will remain a list of empty environmental promises. All the ballyhoo about randomly located, un-planned high-rise buildings wondrously transforming Los Angeles into a more urban, sustainable, and environmentally friendly city remains hot air. Just as a poorly planned city like Los Angeles spawns dangerous urban heat islands, the hot air from the mega-structures’ boosters and apologists will compound the projects’ adverse environmental impacts. 

CEQA: Luckily, we now have the tools and the hard science to confirm these claims. It is the updated California Environmental Quality Act (CEQA). Senate Bill 97 now requires Environmental Impact Reports (EIRs) to measure Green House Gases (largely CO2, water vapor, and methane) in their air quality section. Big surprise, so far the EIRs for LA’s illegal mega-projects, as well as for official plans to facilitate these mega-structures, like the overruled Hollywood Community Plan Update, confirm the obvious. Unlike NYC, LA’s mega-projects will generate unmitigatable levels of Green House Gases. That’s right, the claims that these projects promote a sustainable Los Angeles are demonstrably false. 

This is why the Los Angeles City Council always adopts a Statement of Overriding Considerations for these cases. The Council sweeps the projects’ toxic environmentally impacts under a bureaucratic carpet. Then, to make sure the carpet stays put, the Council never requires any subsequent monitoring of individual projects, community plan areas, or the entire city. 

If they did proceed with this monitoring, which the General Plan Framework specifies in exacting detail, the thin justifications for their approvals of these otherwise illegal mega-projects would quickly waft into LA’s polluted air. 

This monitoring would also blow the cover story from both the Council’s Statements of Overriding Considerations and the endless hot air spewing from tail pipes, 24/7 HVAC, developers, and the mega-project groupies. 

This, among many reasons, is why Los Angeles urgently needs to properly update its General Plan, then implement and carefully monitor it. 

(Dick Platkin is a former LA city planner who reports on local planning issues in Los Angeles for CityWatch LA. Please send your comments and corrections to [email protected].)

-cw

GUEST COMMENTARY--“Welcome to the Hollywood Ivar Gardens Hotel. We don’t like gays and lesbians or same-sex couples. We oppose a women’s right to choose. We think transgender people are dangerous.” 

Any hotel that posted a sign like that outside its entrance, especially in Los Angeles, might have a hard time filling its rooms or attracting customers to its restaurant. No hotel would risk undermining its business with such bigoted marketing. But a proposed hotel project in Hollywood, currently awaiting approval from the Los Angeles City Council, is led by a company whose president is closely tied to one of the nation’s most extremist anti-gay and anti-choice advocacy groups. 

TIPPING THE ODDS FOR LA--Remember the fiscal crisis which caused the City Council to change the law so that it could issue a kind of judgement obligation bond not used since 2010? Recently we were headed toward violating the 5% Reserve Fund and instituting a plan to issue Judgment Obligation Bonds; this would have cost city taxpayers $20 million in interest over the next 10 years. 

Well, good news. We’re in the clear. At least that’s what our Controller Ron Galperin said in a recent letter to the City Council. The only proviso is that all the city departments must have extra funds on hand at the end of the year, that no need arises for the reserve fund, and also, that we're ok with a 0.66% margin of error. 

What’s baffling is that his rosy prediction isn’t coupled with hard and fast demands for immediate cost cutting. Why not tip the odds a little more in our favor and make some immediate cuts? Here are a few suggestions: 

• Have a contract panel rate for outside law firms, as the County does. 

• Rethink the $22,500,000 redo of the Channel 35 studio. 

• Reign in the chief of police and thereby stop the hemorrhaging of liability payments. 

• Ask Xerox to lower their special collection parking ticket fee from $35 down to $24. 

• Ask for 5% back from developers who’ve received tax breaks.  

• Avoid future liability by ditching the all-overtime LAPD Metro security contract. 

• Curb even just 5% of the Pay-to-Play that’s going on.  

• Last but certainly not least, why not have the City Council and the Mayor take 10 percent haircuts, since collectively they’re the highest paid in the country?   

And if Ron Galperin is up for a little self-sacrifice … he's welcome to chip in too.

(Eric Preven and Joshua Preven are public advocates for better transparency in local government. Eric is a Studio City based writer-producer and Joshua is a teacher.) Edited for CityWatch by Linda Abrams. 

TRUTHDIG--As the Trump police state tightens its anti-immigrant grip on urban America, resistance is forming in city halls and in police departments charged with enforcing the law.

There is, of course, resistance on other issues, such as President Trump’s senseless proposed budget cuts and his determination to all but wipe out health care assistance for the poor, middle class and elderly. (Photo above: Los Angeles Mayor Eric Garcetti and LAPD Chief Charlie Beck.)

But it is immigration—the lifeblood of the United States—that most clearly reveals the essential cruelty of the Trump regime and its eagerness to embrace the practices and philosophy of a police state, an attitude shaped by the president’s hostility toward Latino and Muslim immigrants.

Attorneys and prosecutors in California, Arizona, Texas and Colorado have reported that teams of U.S. Immigration and Customs Enforcement (ICE) agents have swept into courtrooms or are waiting outside to arrest undocumented immigrants, according to the Los Angeles Times. Tani Cantil-Sakauye, chief justice of California’s Supreme Court, asked Attorney General Jeff Sessions and Homeland Security Secretary John Kelly to stop immigration agents from “stalking” the state’s courthouses to make arrests. “Courthouses should not be used as bait in the necessary enforcement of our country’s immigration laws,” Cantil-Sakauye wrote in a letter.

There are reports of great fear in mosques and throughout the Muslim community. Parents have painful talks with children on what to do if mom or dad is picked up by the immigration cops. They also must explain why grandparents or other relatives can’t join them in the United States.

Fear is taking hold of immigrant communities as they face immigration officers now freed from even the small limitations of the Obama administration. These immigration cops feel empowered, as if their time arrived with Trump’s election.

But there is powerful resistance from mayors—often tough, canny politicians—usually ignored by the national media.

Last week, mayors from New York to Los Angeles joined in a Day of Immigration Action to protest ICE enforcement of immigration laws. 

Los Angeles Mayor Eric Garcetti, grandson of immigrants, said, “We have grown into the most diverse city on the face of the earth—a city that champions inclusiveness and tolerance, and welcomes everyone who seeks to realize their dreams and build their families here regardless of national origin or immigration status.

“Today, more than 1.5 million residents of our city are foreign born, and nearly two of every three Angelenos are either immigrants or children of immigrants. Our immigrants are the engine of the Los Angeles economy. … Even more so, our immigrants have woven the social, cultural, and civic fabric of Los Angeles, from our educational institutions to our artistic stages, from the halls of government to community activism, from our vibrant culinary scene to our fields of play.”

The depth of feeling on the issue—and evidence of how it cuts across immigrants’ ethnic lines—was apparent at the nation’s major airports on the last weekend in January, when thousands gathered to protest Trump’s ban on refugees from the Muslim-majority countries of Syria, Iraq, Iran, Yemen, Libya, Somalia and Sudan. Demonstrators showed up to protest in Los Angeles, San Francisco, Washington, D.C., Dallas, New York, Raleigh, N.C., Houston, Seattle and other cities. 

Other demonstrations have been smaller. I watched a relatively small group gather in downtown Los Angeles on a weekday afternoon to protest the arrest of Romulo Avelica-Gonzalez, an undocumented worker. The protesters met in a corner of Pershing Square and then walked across the street to the high-rise building that houses the federal immigration courts.

Beyond aiming for Avelica-Gonzalez’s release, the rally’s sponsor—the National Day Laborer Organizing Network —is trying to build support for Senate Bill 54, introduced by California Senate President Pro Tempore Kevin de León and now pending in the Legislature. The bill would sharply limit the amount of information jailers can give to ICE agents when undocumented immigrants are released from jail. It would require counties around the state to become sanctuaries, where undocumented immigrants would be given much more protection from ICE.

De León’s bill gets to the heart of one of the many things Trump hates—the “sanctuary city” movement.

Trump issued an executive order threatening local governments with reduction in federal funding if they embrace sanctuary city status and don’t support federal immigration enforcement, refusing to hand over prisoners to ICE. His Department of Homeland Security recently began posting weekly online reports identifying local law enforcement agencies that won’t hold undocumented immigrants in jail until federal officers can pick them up.

The way it works in most cases is that local jailers flag the undocumented when they are freed, permitting immigration agents to seize them and begin deportation proceedings. That’s permitted in Los Angeles County and other counties where the sheriff’s department run the jails. De León’s bill would sharply limit sheriff’s officers’ cooperation with ICE.

It’s different with police in Los Angeles under Garcetti. There, police cooperation with ICE is limited. Officers don’t approach people solely to inquire about their immigration status. LAPD Chief Charlie Beck, like his predecessors, says that turning Los Angeles cops into immigration agents will make it difficult to learn about crimes and recruit informants. Police say that undocumented immigrants already hesitate to report domestic abuse for fear of being deported.

Rather than knuckle under to Trump, Garcetti has intensified his opposition to the administration’s anti-immigrant moves.

Garcetti told the police department to continue to refuse to question people about their immigration status. He told the fire chief, the chiefs of the airport and harbor police and other department heads to do the same. He said they must tell his office or Chief Beck if federal immigration cops ask them to help enforce federal immigration laws. The city, the mayor said, must “ensure equal access to facilities, services and programs without regard to any person’s citizenship or immigration status to the maximum extent that the law permits.”

Los Angeles, Garcetti said, must “foster a welcoming atmosphere for all regardless of immigration status.”

As should the United States.

(Bill Boyarsky is a columnist for Truthdig, the Jewish Journal, and LA Observed. This piece was posted first at Truthdig.com.)

-cw