The Los Angeles City Hall of Hypocrites

CityWatch, Oct 11, 2011
Vol 9 Issue 81

RETHINKING LA - LA’s City Council deserves an award for its ability to conduct its business with a straight face, on the one hand feigning sincerity as it embraces the Occupy LA movement while simultaneously imposing property liens on Angelenos in actions that can’t be explained, let alone justified.

Last Tuesday, speakers from the Occupy LA movement appeared in City Council chambers and spoke passionately about the issues that have prompted people across the country to speak up about corporate personhood, the collapsing economy, home foreclosures, economic inequity, social injustice, restricted access to healthcare and education, and a government that no longer represents the people.

City Councilmembers responded enthusiastically. Zine declared “The City Council is a non-profit organization.” Rosendahl bubbled “This is the American Autumn.” Reyes echoed “I want to join the choir.” Alarcon patted the city on the back saying “I want to commend the LAPD for working with us to ensure safety, so the message is the message, not about clashes.”

The City Council went on to issue a motion that ran for three pages, touching on the many issues that have prompted Angelenos to grab a piece of the Occupy LA movement, then concluding with an affirmation of Occupy LA’s 1st Amendment rights.

Kum. Ba. Yah!

Much was made of the Councilmembers who ventured from the Council Chambers and onto City Hall’s north lawn, home of the Occupy LA campsite that spends days on the grass and nights on the cement in an obedient nod to LA’s municipal code that allows camping, just not comfortable camping.

Rosendahl and Garcetti not only toured, they requested permission to speak. “Stay as long as you need," Garcetti told them. "We’re here to support you.” He then shouted “This is your City Hall!” and the crowd responded "This is our City Hall!"

Missing from the highlights of that day is the series of lien actions and variance requests that came before the City Council, all of which clearly demonstrated that in Los Angeles, it’s not what you know, it’s who you know.

A resident of Jan Perry’s district appeared before the City Council to point out that he inherited a property that came with a burned out building, a fence, and a City of LA lien that prevented him from moving forward to improve the property, to sell the property, to do anything other than to allow the blight to continue.

Does it take a City Council appearance to get the attention of the Council office? Does it take the City Council office to get the attention of Building & Safety? Does it require a special administrative hearing to pursue fair and effective enforcement of the city’s codes and standards by Building & Safety?

Apparently, yes. Councilwoman Perry quickly asked for a continuance and promised to look at the matter.

Ronald & Florence Miller then took to the podium in response to citations for excessive vegetation on their property. After their first notice, they hired gardeners to attend to the “excessive” vegetation. They then called for another inspection, which the city performed but when pressed, the inspector was unable to define “excessive” nor was he able to rule on the issue of compliance.

The property owners persisted but got no response from Building & Safety. They claim to have heard nothing until they received a notice of a debt in collections from a private party. They protested the collections and the debt, putting the issue back into the hands of the City of LA which again failed to respond, until it placed a lien on the Miller property.

Ronald Miller was cut off as his two minutes expired. He paused and his wife yielded her time so that he could continue speaking. Councilman Zine refused to allow Florencia to yield her time, requiring her to continue where her husband left off.

Zine may have regretted his rigidity when Florencia went on to claim violations of the right to due process, the right to face one’s accuser, the right to participate in an appeal process, and the right to be free of malicious prosecution, the uneven application of the law, and the discriminatory impact of selective prosecution.

Most of all, the entire City Council may have regretted Zine’s heavy-handedness when Florencia paused and changed topics, addressing the Council and calling them out on their inability to pay attention. “I’ve noticed that when people are speaking here, everybody is doing something else. It feels extremely bad to come here to speak to you and to feel ignored,” said Florencia, “I guess that is how the legal process works.”

Councilmember Ed Reyes stood to defend the behavior of the multi-tasking Councilmembers, explaining “I’m doing two or three things at the same time, it pains me to think that what you have to say has no value, it does. I am listening. The trip here was worth it.”

The Council then immediately contradicted Councilman Reyes by voting unanimously to support the Department of Building & Safety’s recommendation of a lien to be placed on the property as a result of the “excessive” vegetation that was removed in 2009.

The hypocritical nature of the City Council’s strict adherence to municipal policy, municipal code, and administrative process was immediately demonstrated as Councilmember Koretz called the next item on the agenda “special” and then bent over backward to offer a stakeholder a “categorical exemption” to the law and to land use restrictions. In an effort to get around the requirement for a zone change, Koretz supported a variance request in a replay of a Council action that was recently reversed by the Court of Appeals which held that the City Council simply does not have the authority.

Recent legal rulings be damned, Koretz moved to support the variance request of a favored stakeholder who can claim no legal foundation for the R-1 conversion of a rec room into an illegal apartment, resulting in a special consideration that contradicts the ruling of the zoning administrator.

The Council then “listened” to legal objections, to protests from the community, to the presentation of letters and a petition in opposition to the variance, and then they voted unanimously to support the variance.

LA’s City Council goes about its business with a straight face, at times throwing its hands in the air and claiming to be limited by the law, while at other times, throwing the law in the air and claiming unlimited authority to apply mercy to insiders and punishment to those on the fringe.

As LA’s City Council prepares to continue with the charade of embracing the ideals of Occupy LA, it is important that the Councilmembers accept the fact that the City Council and its uneven application of the law, its selective enforcement of the law, and its failure to end the “divisive economic and social realities” is what makes the LA City Council the subject of the Occupy LA protest, not its partner.

(Stephen Box is a grassroots advocate and writes for CityWatch. He can be reached at: Stephen@thirdeyecreative.net .)

If Occupy LA Occupied City Hall

CityWatch, Oct 7, 2011
Vol 9 Issue 80

RETHINKING LA - The Occupy Wall Street movement has gone viral, spreading across the country as people of all walks gather in their respective cities to protest corporate greed, social inequity, corporate personhood, and a host of other issues that reflect the spectrum of discontent with the status quo.

Occupy LA is approaching the end of its first week on the north lawn of LA’s City Hall and in that short time they have incurred the wrath of the most deadly of movement enemies, benign neglect.

Protesters in New York have been pepper sprayed, arrested, and restricted by ordinance from using amplified sound while Occupy LA has competed with the trial of Michael Jackson’s doctor for media coverage.

Protesters in Seattle have braved the chilly weather without tents, shivering in the cold rain as the police confiscated their supplies and arrested those who resisted the ban on blankets, sleeping bags, and “lounging” behavior.

Protesters in Los Angeles have been quietly accommodated by law enforcement, cheerily visited by City Hall staff, welcomed into Council Chambers, and gifted with a City Council Resolution of Passive Support that memorializes the many issues that prompt Occupy LA to exert their 1st Amendment rights.

City Council President Garcetti was joined by Councilmembers Alarcon and Rosendahl in a brief tour of the Occupy LA camp, an expedition that was prompted by earlier public comments in City Council pointing out the contrast between the theoretical debate on the council floor and the reality on the streets.

To their credit, they came, they saw, and they postured.

(Note: The LA Council will consider a Resolution of Support for Occupy LA on Tuesday, authored by Alarcon and Rosendahl.)

As for the residual impact on Occupy LA, they still move their tents from the lawn to the sidewalk each night in deference to the Los Angeles Municipal Code restriction on camping in city parks, a classification that applies to the lawns surrounding City Hall.

LA’s City Council is missing out on a big opportunity by not embracing Occupy LA and bringing them inside, after all, there is so much City Hall could learn from the movement. Typically, the twin enemies of a protest are limited resources and resistance, challenges that either crush a movement or refine it into an effective organization.

City Hall could take a lesson from Occupy LA in the following areas:

Media - Occupy LA established a Media tent on the north lawn and the events are livestreamed via internet, allowing viewers to interact at all hours with each other and with members of Occupy LA.

The ongoing narrative and dialogue is complemented by the full spectrum of social media and dissemination of content is comprehensive. Contrast this with City Hall’s continued reliance on physical posting of notices in a city of 485 square miles and the gap between what Occupy LA has done in less than a week and what City Hall fumbles on a regular basis.

Education - Within days, Occupy LA had structured classes on the issues so that participants could move beyond experiences and slogans and into the substance of the agenda, whether economic, legal, environmental, social, or strategic. The open air classrooms offer proponents the opportunity to clarify their message and audience members an opportunity to engage in dialogue. Contrast this with City Hall and the ongoing confusion that reigns supreme on issues that include the budget, water & power, transportation, infrastructure, code enforcement, public safety, and the delivery of city services.

Communication - New York authorities have enforced a ban on amplified sound under threat of 30 day jail terms so the Occupy Wall Street protesters rose to the challenge by employing the human microphone. A speaker yells “mic check” and the crowd repeats the words, the speaker continues and the crowd repeats the words, resulting in a public address system that is creative, participatory, effective, and triumphant, a small victory that edifies as well as ensures an attentive audience.

Contrast this with City Hall and the degrading experience of public comment before an inattentive City Council that endures commentary as a necessary evil.

Healthcare - It’s not an afterthought or a response to a crisis, it’s a basic human need. Occupy LA has it covered and that includes the range of elements that contribute to health including shelter from the elements, sanitation and bathroom facilities, wash stations, good nutrition, and social needs.

Occupy LA has it all while the City of LA still acts as if it deserves a commendation from the United Nations for placing portable toilets on the streets and allowing homeless to sleep on sidewalks. (but not in cars, that’s prohibited by LAMC 85.02)

Public Participation - At Occupy LA, if you show up, you’re a member. If you speak up, you will be heard. The General Assembly meets every evening and the proceedings are broadcast via internet, allowing for commentary from the viewing audience.

Contrast this with the City Council’s ongoing debate over neighborhood councils, the definition of a stakeholder, the rules and regulations for participation, ethics training, and vetting and it’s evident, Occupy LA could teach City Hall a thing or two about engaging the public, treating them with respect, and creating a rewarding experience.

Funding - Within hours of establishing an online presence, Occupy LA had created a funding strategy that included several mechanisms for participation, from establishing a mailing address so that supplies could be shipped to a downtown location, to runners who would pick up donations, to online contributions of money, to organized and scheduled deliveries that ensure consistent support.

Contrast that with the City of LA’s inability to process permit fees by phone or online or in person unless you’re willing to trek downtown on a Friday and wait in line. Hands down, Occupy LA could teach City Hall a thing or two about how to handle money.

Food - Occupy LA addresses the problem of limited resources by seeking out solutions that have more than one application. Even the delivery of pizza goes beyond simple immediate sustenance and provides diners with more cardboard for signage. Creating signs turns into an art project for kids who are learning silkscreening, all of which turns the lawn into gallery space.

Contrast this with City Hall’s contempt for the public as they engage in marathon sessions with no concern for the public’s need for sustenance, all as the Council enjoys catered lunches in Council Chambers while the public sits under “no food or beverage” signs.

Security - Occupy LA is aware of the potential for disorder and it responds to the opportunity by creating order that prevents problems, not by displaying force but by giving respect, lots of respect. City Hall keeps the front doors locked and does more to create a “fortress mentality” than the State Capitol, clearly articulating that the people of LA are not to be trusted. Occupy LA has strategies for diffusing tension and avoiding disorder, without resorting to force. The techniques work and the LAPD is responding with similar strategies of non-resistance.

Urban Planning - The Occupy LA microcosm demonstrates a sensitivity to the many elements of a “whole community” including great public space for gathering, protected areas for childcare, pockets for the different elements of the human experience including arts and culture, political dialogue, education, supplies, foodservice, active zones and passive zones, all of which communicate respect for the human experience. Contrast this with the cavalier approach of City Hall where the people of LA are treated as a burden that has the audacity to demand facilities that work, a budget that is balanced, and the delivery of city services.

Occupy LA has accomplished a great deal in less than a week, demonstrating that they have admirable organizational skills and a knack for herding cats that is the essence of a successful movement.

At the same time, they have been criticized for not having a cohesive platform as if the ability to raise an alarm is limited to those who also posses the solution. This is like requiring all medical patients to know the cure before they can complain of the symptom or that all malpractice suits be limited to victims who have medical degrees. Occupy LA is on the right track, they’ve raised the alarm, and the murmur of dissatisfaction is gathering momentum.

Another criticism leveled at Occupy LA is that the numbers aren’t inspiring, as if there is a threshold for validity that comes with participation. The only problem with this is that it is not historical, all movements start off in bits and pieces, some fail and some gather steam, but they all start somewhere.

In hindsight, there will be great debate over the tipping point, the moment at which a complaint resonated and turned into a demand, the place at which a simple campsite turned into the beginning of a journey, the point at which people looked to the left and to the right and realized that there was significant common ground and it was littered with broken promises and squandered potential.

The most significant criticism comes from the pragmatists on the sidelines who contend that Occupy LA will fail because the participants haven’t suffered enough and haven’t encountered significant oppression.

Apparently, the naysayers feel that righteous indignation is insufficient fuel for a call to action, a position that does more to justify their lack of action than to condemn Occupy LA, leaving them on the sidelines as part of the problem, not the solution.

To contend that Occupy LA deserves a place in City Hall simply because they get sleeping bags shipped overnight, pizza delivered regularly, and keep the toilet paper stocked is overly-simplistic. Running the largest City in the most populated State in the most powerful Country in the world takes much, much more. It takes leadership and a willingness to stand up.

That’s where Occupy LA comes through, with a clear voice of contempt for the status quo, demonstrating the individual leadership that is coalescing into collective leadership, willing to stand up and scream

(Stephen Box is a grassroots advocate and writes for CityWatch. He can be reached at: Stephen@thirdeyecreative.net .)

CityWatchLA - ‘Love Me if You Will; Hate Me if You Must; But for God’s Sake, Don’t Ignore Me’

CityWatch, Nov 20, 2009
Vol 7 Issue 95

The City of Los Angeles is the "Capital of Homelessness" and yet the non-profit groups who endeavor to create and operate Permanent Supportive Housing facilities are left to fend for themselves in communities that want solutions "anywhere but here" to a problem that is most often, simply ignored.

This past week the Gateways Hospital and Mental Health Center made another appearance at the East Hollywood Neighborhood Council, this time with modifications and adjustments to their proposed facility on the border of the East Hollywood and Silver Lake communities, all in an effort to pick up the approvals of the NC's as they work their way through the process of developing their property and opening a Permanent Supportive Housing facility. One would think that organizations committed to addressing and ending homelessness would be visiting Neighborhood Councils to pick up commendations for their humanitarian work but instead they regularly encounter the "Planning and Land Use" wrath typically reserved for developers who want to circumvent the Community Plan and rack up variances that disrupt the neighborhood.

In fact, based on Hollywood alone, it would seem that the Supportive Housing non-profits would have an easier time getting their projects off the ground if they would simply add a liquor license, incorporate a Medical Marijuana dispensary and wrap the building in Digital Billboards. Based on results, those projects would slide right through the process. But not if the word "homeless" is used.

Periodically, a Permanent Supportive Housing facility opens up to great fanfare and for a day or two it appears that Los Angeles is getting tough on homelessness.

But the brutal reality is: one out a hundred people in LA is homeless. The numbers fluctuate and progress is made but LA is still the "Capital of Homelessness."

Adding insult to injury is the fact that LA will not tolerate homeless cars yet homeless people are simply ignored. Unless they set up camp in their car and then it becomes a violation of the prohibition against living in a motor vehicle. (LAMC Section 85.02 states: "No person shall use a vehicle parked on or standing upon any City street or upon any parking lot owned by the City of Los Angeles or under control of the Los Angeles County Department of Beaches and Harbors as loving quarters either overnight, day-by-day, or otherwise.")

Desperate times call for desperate measures and Councilman Bill Rosendahl introduced a motion that would revise LAMC 85.02, allowing the City of LA to create "discrete and distinct" areas of the city where people would be allowed to park and sleep overnight.

Ideally these "areas" would be supported with restrooms, staffing, security, and social services.

Councilman Richard Alarcon referred to the concept as a "homeless shelter without walls" and the description seemed to earn the approval of Transportation Committee members Paul Koretz and Bernard Parks. As for the motion, it didn't enjoy the same support.

Rosendahl's motion is based on similar "homeless parking lots" conducted in other cities such as Eugene, Oregon and Santa Barbara.

Booker Pearson of Upward Bound House was standing by to offer his commitment to "hosting" the pilot project that was reduced from a citywide proposal to a CD11 proposal by the Transportation Committee.

The idea of setting aside public streets that are "open" to people who will live in their cars is certain to stir passionate and intense debate.

The very notion that parking lots will be used to "park" homeless people will definitely improve attendance at neighborhood council meetings as this proposal is certain to stir great discourse and debate.

Through it all, it's important to remember that doing nothing about homelessness costs more than aggressively acting to provide long-term comprehensive solutions.

As Los Angeles grapples with unemployment, foreclosures and a budget crisis that threatens the stability of the city, we have no choice but to act decisively to end homelessness now.

These are the times when leaders with vision are needed. Compassion would be a nice add to the mix, but courage and vision are essential. Anyone at City Hall care to step forward?

(Stephen Box is a transportation and cyclist advocate and writes for CityWatch. He can be reached at Stephen@ThirdEyeCreative.net ) ◘