The Fix is In: A Tale of Two Bans

CityWatch, Dec 16, 2011
Vol 9 Issue 100

RETHINKING LA - Over the past year, two groups of community activists have been aggressively drumming up support for their respective causes, one fighting for a ban on advertising in city parks while the other pursues a ban on single-use plastic bags.

Both groups have worked the neighborhood council circuit with success that allows them to argue their case before City Council while holding handfuls of resolutions of support in the air.

Both groups have aligned themselves with like-minded organizations that lend their professional non-profit advocacy seal-of-approval to the cause, joining activists at the podium with an air of credibility that is supported by data, science and objectivity.
Both groups held events around town to engage the public who signed petitions and followed organizers to commission meetings, committee meetings, and eventually to City Hall where, some charge, all is for naught because when the fix is in, the fix is in.

This past week, LA’s City Council took public testimony on the proposed plastic bag ban, prompting Heal the Bay’s Mark Gold to point out, “This body acted in 2008 and committed to moving forward with a ban on single-use plastic bags.”

The City Council responded by taking testimony from a full house of proponents and opponents before continuing any Council discussion and action on the single-use plastic bag ban issue until their last meeting of the year on Friday, December 16, 2011.

In an odd bit of Kabuki Theatre, the issue went to City Council over the objections of Mayoral Candidate Jan Perry who had the issue agendized in the Energy and Environment Committee.

Whew! Three Council hearings in one week for an issue that has languished for years.

Optimists hold that this enthusiasm bodes well for the single-use plastic bag ban. Pessimists point out that by holding multiple meetings with public testimony, the Council can proceed with discussion and action during the last meeting of the year without the clutter of public comment.

In either case, this journey of anticipated success is in sharp contrast with the travails of those who sought a ban on advertising in city parks, an uphill battle that was made more difficult because of the potential to fatten the city’s coffers with revenue from the park advertising.

The campaign to ban advertising in city parks was mobilized when LA’s Rec & Parks Commission signed a deal with Warner Bros. that allowed signs promoting a “Yogi Bear” movie in return for $46,000.

Community activists rose to the occasion in a battle that saw LA’s City Attorney grapple with Rec & Parks Commission President Barry Sanders over the definition of advertising and the legality of park sign districts.

As the Parks Commission appeared to back down from its plan to sell advertising rights in city parks, it was a media investigation that revealed the plan that would allow the non-profit LA Parks Foundation to sell advertising in popular areas such as Griffith Park and Venice Beach.

In a clear demonstration of contempt for Griffith Park’s status as America’s largest urban wilderness park  and of the world’s 34 biodiversity hotspots for conservation, the Mayor looks at Griffith Park and sees a potential sign district with revenue potential.

As community activists continue to fight for a ban on city park advertising, the Mayor is pursuing an overhaul of LA’s sign ordinance that will create “innovative revenue sources” such as wilderness advertising.

When Colonel Griffith J. Griffith gifted the City of LA with the land that became Griffith Park, it came with conditions including a requirement that it remain open and free of charge, “a place of rest and relaxation for the masses, a resort for the rank and file, for the plain people.”

Mayoral Candidate Jan Perry has defended the proposed sign ordinance revisions that would allow advertising in public parks, most recently coming under fire at the Venice Neighborhood Council when she said “It provides opportunity for funding to continue in the parks and I think we should let them do it.”

Perry alluded to “opt-out” options that she indicated she would be willing to include in the sign ordinance, saying “I’m not interested in jamming something down people’s throats that they don’t want.”

If only it were that simple!

In both cases, community activists have engaged in journeys that are exhausting, filled with meetings and hearings that turn out to be tests of patience and endurance.

Weeks turn into months which turn into years. City staff members come and go, Commission members shuffle seats, City Council committee assignments change, and through it all, the issue is kept alive by community volunteers.

It’s a “Damned if you do, Damned if you don’t!” scenario that sees activists sit for hours in the hope of delivering a compelling argument in the 60 seconds that is typically allocated to speakers when a decent crowd shows up for public comment.

Failure to attend a meeting provides “silence is consent” coverage to the City Council, allowing them to conduct the legislative sleight of hand that is the hallmark of a body that votes unanimously in predetermined outcomes 99.3% of the time.

It’s been a long year and as the City Council looks back, typically with a celebratory tally of the motions they have passed, it remains to be seen whether the single-use plastic bag ban will materialize or if LA’s parks will turn into sign districts.

One thing is for certain, the unsung heroes in these battles are the individuals who stand up and engage the Mayor and the Council in the process, however flawed it may be, and defend our neighborhoods, our communities, and our city by fighting the good fight! Even if that process inevitably leaves those heroes with a sense that the fix is most likely in.

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

Angelenos: At Their Best When Things Are Worst!

CityWatch, July 22, 2011
Vol 9 Issue 58

RETHINKING LA - Jeff Bridges received an Academy Award nomination for his role in John Carpenter’s 1984 film “Starman” where he played an alien who concluded his visit to Earth by noting that humans “are at their best when things are worst.” Time after time Angelenos have proven this to be true.

When a Metrolink train crashed head-on into a freight train in Chatsworth, residents self-mobilized and gathered supplies and food to support the firefighters and public safety officers at the scene. Hopping backyard fences, they worked around the clock, meeting a need that needed to be met. They didn’t have to be asked.

Three years earlier, when a Metrolink train derailed on the Glendale/LA border, it was the Costco employees who were the first responders, self-organizing themselves and local residents to initiate the rescue operation. As the professionals showed up, the locals shifted to a support role and partnered in the rescue operation. They didn’t need instructions.

When fire ravaged Griffith Park in 2007, residents in surrounding neighborhoods were given evacuation orders but traffic was so backed up that many had to simply walk out of the hills. Strangers opened their doors and offered refuge, helping the displaced neighbors connect with their loved ones or find shelter for the night. It took five hours for the Red Cross to arrive at the Marshall High evacuation center and by then the volunteers had everything under control, including accommodations for animals. They didn’t worry about traffic, they simply showed up on bikes and on foot.

The Station Fire of 2009 threatened the Sunland-Tujunga community, prompting locals to mobilize as the authorities debated jurisdiction. LA’s Animal Services was just one of the City of LA’s departments that waited for authorization while locals used social media to spread the word, organizing equestrians to evacuate the large animals that stood on city land but were breathing county smoke. They didn’t worry about jurisdiction, they simply worried about lives.

Angelenos are resilient, innovative, and full of surprises. Time after time they step up spontaneously to demonstrate that LA is at its best when things are worst.

In fact, Angelenos have a strong record for getting involved without waiting for the worst to happen.

Angelenos serve as LAPD Reserve Officers, supporting the LAPD and lightening the load so that the department can operate more effectively. The Fire Department is supported by Community Emergency Response Team (CERT) volunteers who are trained to provide traffic control support, evacuation shelter management, and emergency medical care.

Unfortunately, when times are worst, the City of LA’s bureaucracy can also be at its worst, serving as an obstacle to the spirit of volunteerism that is celebrated in times of quiet but can discouraged in times of crisis.

Consider the current budget scenario, one that has seen city department staffing levels decimated and service commitments reduced to minimal levels. One would think that this is the time that city departments would welcome support and assistance from the community, yet that is not always the case.

The City’s Animal Services Department, an essential element of LA’s emergency preparedness, has been on shaky grounds for years, struggling to fulfill its public safety, animal health, and pet adoption mandates.

Time after time, emergencies such as the Northridge Earthquake and the Station Fire demonstrate the importance of anticipating the need to care for animals in times of crisis yet Animal Services is soft on its commitment to integrating with the LA’s emergency services network.

From the simple care of cats and dogs during an evacuation to the coordination of large scale transportation for horses and livestock, time after time it’s the locals that demonstrate a commitment to results without hesitation. Using everything from ham radios to twitter accounts to communicate, it’s the volunteers that share information, enlist help, locate secure staging grounds, and transport, feed and shelter the animals that are a part of our community.

Folks such as Paul Darrigo consider this type of behavior to be the foundation of a compassionate society and he can trace his volunteerism back to the day he rescued an injured dog, transporting it to the hospital after Animal Services failed to show.

Darrigo recognized then that Animal Services was limited in its ability to handle public safety issues, animal health concerns, shelter operations, and pet adoptions. In the spirit of self-mobilizing volunteerism, he went to work.

LA’s Reserve Animal Control Officer (RACO) program was dormant for years until Darrigo started visiting neighborhood councils throughout the city, enlisting support and soliciting funds to pay for the training and the uniforms of the reinstated RACO program.

One would think that this type of support would be celebrated at Animal Services, but the department seems to be on a rocky road that has seen General Managers come and go, the kill rate go up 30% in the last three years, and the City Controller schedule an audit to address her concerns of accountability and oversight.

Meanwhile, Darrigo continues to push for the opportunity to take on a volunteer project manager role that would include communicating with neighborhood councils, educating the public, raising funds, and coordinating the efforts of the multitude of volunteer rescue operations in the city. Unfortunately for Darrigo, and for the community, Animals Services has resisted his efforts.

This insulated behavior could be dismissed as a departmental reaction to recent charges of personnel issues that allegedly include theft and fraud.

Animal Services now joins Building & Safety, the Housing Department, and the Housing Commission as city agencies that are under investigation for allegations of wrongdoing. General Manager Brenda Barnette attributes these incidents to the failure of officials previously responsible for the department. Barnette was hired last year and claims to be engaged in a “robust and aggressive investigation.”

Darrigo considers the “department under attack” scenario as an even greater opportunity to be of service and says “The simple foundation of our government is civic responsibility and accountability and all I want to do is to support the Department of Animal Services.”

In a city of four million people, Darrigo believes that the real opportunity is in behavioral shifts that come from education, communication, synchronization and empowerment. He points to the actions of Angelenos during the recent Carmageddon threat and the success of water conservation efforts as evidence that the people of LA will do the right thing if empowered and educated. Darrigo says “One of the simplest ways to lighten the load on Animal Services would be to prevent the large number of feral animals and stray animals that challenge the department’s capacity.”

“It costs $150 to $250 to euthanize an animal,” he continues, claiming that “spaying and neutering costs less and educating the public is free. It makes no sense to ignore the real opportunity to engage the public and work on preventative steps that rely on volunteers.”

Darrigo’s most recent attempt to support Animal Services by promoting the City of LA’s “No-Kill” commitment at the upcoming Neighborhood Council Summit at City Hall was rejected without commentary by Barnette in a terse email that read “Thanks for your offer to represent the Department in the community. I'm going to decline your offer at this time.”

Barnette did not respond to repeated requests for an interview, understandable in the current audit conditions but also indicative of the insulated behavior that critics claim is a pattern at Animal Services, one that transcends the ongoing rotation of management.

The drama at Animal Services takes place in a city that is surrounded by a multitude of organizations that specialize in animal rescues.

Tippi Hedren’s Shambala Preserve is home to 60 lions, tigers, leopards and cougars. Animal Advocates take care of injured wildlife that includes squirrels, possums, coyotes, foxes, deer, skunks and possums. Parrots First adopts injured birds and complements its efforts with education programs.

The Kitty Bungalow Charm School for Wayward Cats socializes feral cats and prepares them for adoption, and in doing so, calls it like they see it. “The cat overpopulation is not a cat problem, it is a people problem caused by uneducated and sometime irresponsible pet owners who abandon their cats or do not have them sterilized, causing a proliferation of cats being born on the street.”

In a city that is in the midst of a budget crisis, and in a department that is in the midst of a management crisis, it seems fair to suggest, as Darrigo does, that Animal Services should focus on its public safety mandate and simply invigorate the RACO program so that volunteers can address “the people problem” that will lighten the load on Animal Services.

“You’ve got a lot of people ready to volunteer but we live in a litigious society that has immobilized our city,” says Darrigo, “resulting in a bureaucracy that sees the avoidance of liability as an improvement over assuming risk and taking care of business.”

Humane societies are judged by the manner in which they care for their animals. Responsible city governments are judged based on their oversight and operation of municipal agencies in the delivery of services. Great cities are judged based on their ability to engage the population as partners in the management of municipal affairs.

Los Angeles, in its operation and management of the Department of Animal Services, has an opportunity to demonstrate its commitment to humane behavior, to responsible city government, and to recognizing its volunteers as the heroes who are at their best when things are worst.

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

CityWatchLA - Keep on Truckin’

Nothing stirs controversy like success and the recent popularity of LA's specialty Food Trucks has City Hall scratching their collective heads as they grapple with the social phenomenon that has Angelenos tracking the likes of Fishlips, Frysmith, Dogzilla, King Kone and other expressions of LA's Food Truck Culture.

LA County has more than 4000 Food Trucks on the streets but it is the 200 specialty trucks that trigger the latest version of the traditional LA celebrity sighting. Foodies regularly Tweet the locations of their favorites and follow the rock star Trucks such as Don Chow, India Jones, Coolhaus, Dosa, Nom Nom, Buttermilk and the wildly popular Grilled Cheesed Truck.

The success of the Food Truck phenomenon is so great that some locals, from residents to brick-and-mortar restaurant operators, have cried "Foul!" and turf wars have erupted over parking spaces, traffic congestion, impact to the community and simple competition.

This prompted the City of LA to jump in feet first and the City Council introduced motions that sought to restrict Food Trucks. Meanwhile, local leaders from the community and the Food Truck industry have demonstrated the type of leadership that belongs in City Hall, embracing the confusion, conflict, controversy, and looking for the common ground.

The Downtown Art Walk regularly draws 24 thousand people to its 2nd Thursday event, challenging the organizational and diplomatic skills of the community leaders who started the event years ago in an effort to enhance the sense of community in their neighborhood. It worked. It also demanded that they respond to the needs of brick-and-mortar restaurants, the street vendors, the food trucks and the many patrons who simply wanted to spend money. With success came challenges but the Art Walk leadership looked for common ground and created a win-win-win situation.

It's reported that some operators of traditional restaurants such as the Black Dog seized on the presence of the Food Trucks, not as the enemy out to cannibalize, but as a draw. The Black Dog now features longer hours, an enhanced menu, and a unique niche that offers choices to the increased customer traffic in the community and has demonstrated the benefit of competition.

Food Truck operators have long been a staple on the streets of LA and the availability of late night tacos is part of the unique character of LA's food scene. The recent boom in Food Truck variety has led to "Restaurant Row" style events that offer a rotating selection of cuisine and enhancements that turn simple street food into a "happening!"

Last weekend, the RoseBowl hosted the LA Street Food Fest featuring over 60 trucks, a $45 cover charge and unlimited dining. Celebrity chefs, including Sue Feniger and Walter Manske, judged the participants, awarding street cred to vendors in categories that included Best Old School Street Food, Best Nouveau Street Food, The Sweet Tooth and Best in Show.

This ain't construction site food, folks.

LA's Food Truck phenomenon is part of our unique street culture and it is an expression of mobility that brings our streets to life. It is an economic boom that City Hall should embrace and support looking for win-win opportunities that connect us, not divide us.

Imagine how community events can benefit from the participation of the Food Trucks.  East Hollywood ArtCycle took place on Santa Monica Boulevard between Vermont and Virgil, featuring bands, artists, crafters, bike tours and a major street was brought to life with the presence of thousands of people. 18 Food Trucks were a vital part of the celebration and partners in a successful event.

The LA Chapter of the American Planning Association recently hosted their awards event, looking for a transit accessible, historic venue with a connection to a vibrant street life. They chose the El Portal Theatre in NoHo for its cultural legacy and for its close proximity to the Red and Orange Lines, and then they brought the street to life by stationing Food Trucks on the street and hosting the reception on the sidewalk, opening up the street and connecting.

This weekend, Food Trucks will be at the Music Center in support of Saturday's National Dance Day and they'll be at Venice High School in support of the Achievable Foundation. They'll also be at the Grand Hope Park where Outdoor Cinema Fest will be screening Moulon Rouge on a huge outdoor screen, supported by a dozen Food Trucks offering what they refer to as "the ultimate picnic!"

Through it all, there exists controversy, most often when City Hall intervenes and clouds the water.

The most recent brouhaha broke out on Wilshire Boulevard when the Museum Square restaurants encountered competition from Food Trucks and which resulted in a turf war that resulted in small platoons of motorists trolling Wilshire in the morning, seizing parking spaces and holding them for the duration of the day to deny parking for the Food Trucks.

All of which creates a scenario that begs for leadership, not simply in negotiating parking spaces, trash pickup and cooperative business practices, but in addressing the need to support small businesses and look for opportunities to support an economic boom that should be encouraged, not restricted.

The City of LA goes to great lengths to support and enhance valet parking, taxi cab parking, tour bus parking, FedEx & UPS parking, and general delivery parking, all in an effort to improve the viability of the individual operators and the customers they serve.

This isn't a restriction but an enhancement, meant to offer specific support. If anything, this is an opportunity to embrace a challenge and to support the success of the small businesses on wheels.

LA has ample regulations on the books that apply to Food Trucks, from health standards to parking to operations, and the notion that the conflict caused by the recent success warrants more regulation is folly. If anything, this is an opportunity to refine the code to support a vibrant industry and an economic opportunity.

One of the simplest barometers of social justice and economic parity is the availability of quality food.

From grocery stores to farmers markets to restaurants, neighborhoods have long gauged their "completeness" on quality options for shopping, for entertaining, and for casual dining.

The Food Truck industry offers brick-and-mortar businesses an opportunity to expand their customer base while offering start-ups an opportunity to refine their menu and connect with the community, leading some to establish fixed locations for their restaurants. In other words, it creates a symbiotic relationship that resonates through a community.

It also offers LA an opportunity to be creative, addressing situations that have been taken for granted. In the Entertainment Industry, location shoots succeed and fail based on the Producer's ability to feed the tired and hungry crew.

Many long location shoots have been saved by an industrious Production Manager who can drum up a BBQ in the middle of the night or get the Cuban Coffee served fresh to a tired crew. Would supporting the Food Trucks be an opportunity to support the Entertainment Industry?

Recent emergency events in our community have dramatized the simple need to be ready to mobilize food and the Griffith Park fire, the Station fire, and the Metrolink crash all included challenges that a Food Truck fleet can address.

In the Metrolink tragedy, local neighborhood council members simply bought all the food they could carry from local restaurants and hopped a fence in order to feed the emergency workers who went around the clock and were fading from hunger.

In both the Griffith Park and Station fires, the evacuation centers were isolated and feeding the people turned out to be a challenge that a booming Food Truck industry can address. Would connecting with our Food Truck neighbors be an investment in Emergency Preparedness?

The times are changing and the Farmers Markets that were once a novelty are now the norm. City Hall even hosts a weekly Farmers Market and on Thursdays there is a sense of place on the south lawn. There were challenges, there were adjustments but that was then and this is now. The same is true for the Food Truck boom.

The flexibility and mobility of the Food Trucks allows a partnership with underserved communities and neighborhoods that can revitalize and pollinate, providing a service that will actually reduce car trips  by servicing dense business parks with limited choice. It also allows a community to demonstrate a need, attracting traditional food service operators to partner with a community.

LA is the Capital of Diversity and the Food Truck Industry is an expression of all that is great about Los Angeles. There's the Gastrobus that partners with Farmers Markets and only serves locally sourced food and there's the GreenTruck that features a solar powered commissary, veggie fueled truck, organic food and sustainable packaging.

Ultimately, there's something for everybody and the mobile platform allows for the trial-and-error innovation that is such a part of the Los Angeles legacy.

The City of LA is faced with a rare challenge, managing and encouraging success, and it is imperative that we work together to support the dialogue and look for common ground that is good for the community, good for the small business operators and good for the customer.

Cyclists claim their Rights, Smokey writes a Ticket

As thousands of cars idled in gridlock that resulted in miles of parked cars, LA's Park Rangers focused on the arrival of 50 cyclists, complete with General Services Bike Police escort, and stood prepared to enforce a law they couldn't identify, following the orders of people they can't identify, and finally writing me a ticket for "FAILING TO COMPLY WITH TRAFFIC CONTROL OFCR."

Friday, December 18th, marked the end of the pedestrian nights at the Griffith Park Festival of Lights and the beginning of the vehicular nights. To the city's credit, there were 14 pedestrian nights and there will be 13 vehicular nights, marking the first time in 14 years that the car-free nights outnumber the vehicular nights. As for cyclists, there was the token press conference "Bike-Night" and then nothing but the traditional "it's for your own safety" exclusion from the vehicular nights.



For the last four years, cyclists have ridden the Festival of RIGHTS, decorating their bikes and howling at the moon, riding the Festival a few rounds and challenging the prohibition on cyclists. This year was no different. Well, not much. When we arrived at Mulholland Fountain for the traditional milling about and socializing, there were two General Services Bike Cops who were very polite and friendly and who told us it was their responsibility to escort us safely through the Festival of Lights.

We rode, we howled, we enjoyed riding Griffith Park and we made lots of friends along the ride. At least that's what it sounded like as the cyclists and the people stuck in gridlock exchanged holiday greetings.

As we regrouped at the Zoo parking lot, we encountered Sgt. Kilpatrick of LA Rec and Parks. He artfully moved his vehicle so as to block us and then gave us a series of explanations on why we couldn't ride the streets of Griffith Park. I asked him under whose authority he was prohibiting cyclists while we watched the public drive their cars on the street right behind him. He said they were Rec and Park streets and they could exclude cyclists. I invoked State Law, pointing out that Los Angeles may be a big city but it hardly trumps State Law and CVC 21 is the Uniformity Code and it guarantees me the right to ride the streets that are open to the motoring public.


Sgt. Kilpatrick then invoked the special event argument, I responded by asking for the permit. He had none. I asked for his supervisor, he said he was it. I asked who gave the instructions to prohibit cyclists, he didn't know. We chatted for a while and he was very polite but firm, he said he would cite us if we violated the ban on cyclists in the park during the Festival of Lights. I asked what law would be violated and he didn't know. He really didn't know what law because when he wrote the ticket, it was for failing to comply.

Here are a few problems:

1) "It's for your own safety!" is code for getting cyclists out of the way of the motorists. It's not about our safety or the streets would be cleared of motor vehicles, intersections would be grade separated and motorists would be banned from the park. It's about moving motor vehicles and the plan was prepared by engineers who can't conceive of what to do with all of the humans.

2) Simple attempts to restrict cyclists must be resisted as a matter of principle. Los Altos went so far as to paint "NO BIKES" on El Monte Road before cyclists protested and won. Pasadena drafted an ordinance restricting cyclists from riding two abreast, making it to the second reading before cyclists again prevailed. In both cases, CVC 21 was invoked and used to demonstrate that local municipalities don't have the authority to restrict cyclists unless specifically articulated in the CVC. (Bike licenses, sidewalk riding and cyclists on the freeways are the exceptions) The Griffith Park prohibition is one of tradition and it is inappropriate and illegal.

3) The prohibition has no "Owner" and there is no accountability. Did Councilman Tom LaBonge direct the Park Rangers and the LADOT to prohibit cyclists from the Festival of Lights? Did the DWP determine that the Festival would be safer with no cyclists? Was it the LADOT who prepared the traffic plan for the Festival and determined that the two hour trek through the gridlock would be safer for the motorists if the cyclists were banned? Was it the Park Rangers who banded together and proposed a cyclist-free Festival? Why is it so hard to find the person behind the directive?

4) Sgt. Kilpatrick is in his third decade of service as a Peace Officer. How is it he stands prepared to enforce a ban on cyclists on the streets of Griffith Park, yet he can't identify the supporting law, he can't identify the authority who gave him his orders and he can't even offer up a reasonable defense of the absurd policy. He is the guy in charge. I would hope that he is enough of a professional to recognize that a man of his experience and his level of authority is of value because he thinks, because he asks questions and because he does what's right, not just what he's told. We are so far beyond the "I'm just following orders." days and the City of Los Angeles deserves better from those who operate under the color of authority. Putting on a badge and a gun means stepping up and doing what's right, not simply what is anonymously passed down as a directive.

5) The City of LA is in the midst of the worst budget crisis in our lifetimes. Rita Robinson, the GM of the LADOT, just met with the neighborhood council reps to tell them that the year-long Memorandum of Understanding meetings would not result in an MOU because she was unable to make any commitments in the middle of the current budget and staffing crisis. How then does she find the money to pay LADOT Traffic Officers to work Griffith Park wrangling the tens of thousands of motor vehicles that jam up the park and the surrounding community. Who is paying for the LADOT staff?

6) Rec and Parks stands to lose over 200 members of their staff as a result of the Early Retirement Incentive Plan. The department is in turmoil and local communities are being told that their parks are in danger of being closed and services restricted, all as a result of the budget meltdown. Meanwhile, the Park Rangers are out in Griffith Park with all of the trucks and gear, looking for cyclists who threaten the stability of the eco-system with their nefarious plan to ...ride their bikes on Crystal Springs Drive, the one with the bike lanes that get decommissioned during the holiday season to make room for more cars. Who is setting the Park Ranger priorities and who is directing them during the Festival of Lights?

7) The DWP has hosted the Light Festival ever since then-City Council President John Ferraro helped them think of it 14 years ago. How does the DWP get to host the Festival of Lights without pulling a permit, without paying fees that other organizations would have to pay if they wanted to put on a special event and dramatically impact the operation of the park as well as the surrounding community. How did the DWP avoid the rules and regulations and fees that apply to all other community groups and non-profits and special events?

8) The traffic on the 5 Freeway gets congested all the way back to the 134 Freeway, requiring mitigation and supervision from Caltrans and the CHP. In the last 14 years, have the operators of the Festival of Lights taken responsibility for evaluating the impact of the Festival on the freeway and on the safety of those who are caught in the congestion? Are Caltrans and the CHP voluntary partners with the Festival of Lights or are they simply responding to the disruption of service on the freeway?



Councilman Tom LaBonge of CD4, Jon Kirk Mukri of Rec and Parks, Rita Robinson of LADOT, and David Freeman of the DWP are all, at some point in time, referred to as the authority and the one in charge when it comes to the DWP's Festival of Lights in Griffith Park.

One of them needs to step up and take responsibility for the Festival of Lights.

That person needs to reconcile the current Festival of Lights with the Mayor's commitment to making LA the Greenest Big City.

That person needs to reconcile the current Festival of Lights with the City's current budget crisis.

That person needs to reconcile the current Festival of Lights with the Mayor's recent acknowledgment that he and the City of LA don't do enough for cyclists.

Most of all, that person needs to rise to the occasion and give the people of LA hope that even in the midst of these dire straits, there are people within the City of LA who will do what's best for the people of LA.

Happy Holidays and I look forward to seeing you on the streets of Griffith Park.

Holiday Light Festival - NC's Walk!

Photo by Militant Angelino
LA's Department of Water & Power has dusted off the Holiday Light Festival decorations and is busy investing the public's money in the event that won the "Eco-Moron" award last year for its ability to drawing idling vehicles in such numbers that Griffith Park, the adjacent communities and the 5 freeway all sit in gridlock for hours each evening of the holiday season. As the Park Rangers and the Department of Transportation grapple with the traffic, the DWP claims the "Going Green" title and then proceeds to go after more of your green.

The Griffith Park Holiday Light Festival is an old tradition, dating back to Councilman John Ferraro who visited San Antonio during the holiday season and came back all enthralled with the idea of a public light festival. In hindsight, it's only too bad that he didn't visit a city with Great Streets, one with holiday lights and people walking and talking and having conversations and singing and enjoying a human-sized people based festival. Of course, it's not too late to make some changes!

The Greater Griffith Park NC, the Atwater Village NC, the Los Feliz Improvement Association, the Oaks Home Owners Association and community members representing hikers, runners, cyclists, equestrians, and folks who simply like to breath clean air when standing in the middle of the America's largest urban wilderness park have joined together to ask the DWP to simply have motorists park their cars in the Zoo parking lot, then get out and walk through the Festival. The simple move to a pedestrian based festival, with ADA accommodations, would relieve the community from the idling queue that approaches the park from the south. It seems so simple!

The DWP's Public Affairs office, very nice folks who have one of the hardest jobs imaginable, putting a shine on the DWP's policies and programs, gave this year's version of "Why you can't have what you want but here is something shiny to distract you!" presentation, again to a full house and again to well-articulated arguments for the same old vehicular based paradigm for enjoying the great outdoors.

The Bike Writers Collective objects to the DWP's Griffith Park Holiday Light Festival for a few reasons, first because it excludes cyclists from the vehicular nights based on the recommendation of the LADOT that it is too dangerous to have motor vehicles and bicycles on the same road. This becomes a principle issue since one of the basic rights cyclists claim is the right to ride on the streets of Los Angeles. The DWP claims that it is exempt from the law and can exclude cyclists which leaves cyclists charging "The DWP is trying too hard to find a legal loophole to do something absurd, prevent cyclists from riding bikes in traffic that moves so slowly, the road resembles a parking lot."

Plans are already underway for a protest ride, The Festival of Rights, which will take place on Friday, December 18. The protest ride, which gathers at the Mulholland Fountain where cyclists decorate themselves with lights, has become an annual tradition and this will be the third year (2007 and 2008) that the absurdity of a vehicular light festival at the expense of the community, the pedestrians and the cyclists will be challenged by the cycling community. Cyclist should be cautioned that the ride is not without risk, participants who elect to breath while riding will be subjected to greenhouse gases, auto emissions and noxious odors.

As for the larger issue of the "Pedestrian Friendly" event that local community leaders have been proposing, endorsing and working to bring to fruition, the DWP Commissioners, the DWP Management and Councilman Tom LABonge have all been notified that the Greater Griffith Park Neighborhood Council has polled the community and concluded with a resolution calling for the "complete environmental reform of the annual LADWP Light Festival in Griffith Park."

When Holidays Lights Go Bad

A Million-Light Baby, With Parental Issues
How can an "eco-friendly" festival exclude bicycles?
Min Kang
Issue date: 12/22/08

The Insider

The festivities have begun and it is time again to visit the bright child of Los Angeles, officially known as the 13th Annual Los Angeles Department of Water and Power Griffith Park Light Festival. Whether you like it or not, with its twinkling lights, it attracts Angelenos searching for a unique winter holiday experience with a traditional twist.

The festival sponsored by the Los Angeles Department of Water and Power (LADWP) draws large crowds; an estimated 650,000 visitors attended last year. A bold mission to "go green" attached to its glittering surface, the festival could be the poster child for the city's eco-friendly lifestyle. At least that is the objective. The problem is that not everyone can agree that earth-consciousness is what the festival represents.

The Department of Water and Power (DWP) gushes about how the festival has "gone green." To them, this means converting festival lights to Light Emitting Diode Lights or LEDs, using a clean fuel cell for power and expanding the "vehicle-free" nights to two weeks of pedestrians walking through the one-mile route.

During the walking-only nights, it can be a pleasant trip. Fortified against the cold with a delicious warm churro in your mouth, you join other pedestrians out for a leisurely stroll. There is a predominant theme of mischievous elves. Kids gaze intently and point to the lit brontosaurus, while others stand awkwardly in the cold against a dazzling tunnel of light as cameras flash. Music blasting from hidden speakers hit all notes of holiday emotions; from nostalgic carols to sexy saxophones evoking the content end of a night of revelry.

One grandmother dressed as Mrs. Santa hustles the two-step with her grandson as they dance along to the tunes. Couples cuddle in crooked arms and kiss. A troupe of dog owners and a variety of pedigreed dogs reminiscent of "Best in Show" walk briskly past.

Linda Bennett with her red-nosed husband (illuminated Rudolph bulb attached to his nose), a newcomer to the festival, already has made memories. "It is a great family meeting place. My whole family is here, my grandsons. It was my daughter's idea to bring us all together here."

Kim Hughes of the water company's Public Affairs office, says that this is "a gift from the city to the city (residents)." Certainly the DWP is proud of their baby. It is the most visible public relations outlet they have. But this is the artifice of holiday cheer is created by LED lights. And like Cinderella's pumpkin carriage, the magic is only temporary.

After December 7, the festival returns to its car-dominated tradition of gridlock and its generous contribution to global warming. "Never let the cars in, says Richard, a light festival visitor and new father. "The fact that we could walk through is great, rather than smelling the exhaust (from cars)." In previous years, pedestrians have had to walk along the path with motor vehicles.

When Hughes claims that DWP has enjoyed a long-established, strong environmentally-conscious reputation, it reflects the staunch efforts of the department to maintain the image - that the festival represents the same altruism to the environment as in their projects. "The LADWP has always been a leader in environmental stewardship, as it was one of the first utilities in the country to develop a "Green Power" program, a solar program, etc."

In reality, the DWP has reservations about letting the festival be completely car-free. Many of the concerns involve unsupervised children. In a recent Los Angeles Times article "City-Sanctioned Traffic Jam Adding to Global Warming," by Steve Hyman, he suggests that Joe Ramallo of the DWP fears that a pedestrian-friendly festival would encourage solicitors of "unsupervised kids who linger and hang out." Some other concerns veer to the ludicrous, like how pedestrians "could trip over things" or "children may stray too close to the lights."

A serious obstacle to creating a pedestrian-only festival is, ironically, the lack of parking spaces. Pedestrians drive to the festival form their homes and need a place to park their cars. "We try to monitor parking because there's only a certain amount of space," says Hughes. To be precise, there are only 2,200 spaces in the zoo parking lot, by the Merry-Go-Round and its adjacent lots. The festival has to accommodate 2,000-5,000 cars a night. "We're trying to bring in the Metropolitan Transit Authority [MTA] public transportation, says Hughes, "but right now there's only one bus (during "vehicle-free" nights) that takes visitors up here until 6:30 p.m." She admits, "The budget is tight," but returns to reassuring plans as she ends her sentence, "and next year we hope to lobby for longer times and more shuttles."

We should understand that the department is working hard for us. That same dedication for the community is the message the department wants ingrained. It is perfectly stated in Ken Lombard's, President of the LADWP Commission, 2002 interview with Business Wire: "The light festival represents an important opportunity to reinforce LADWP's commitment to the communities throughout Los Angeles and the 3.8 million residents we serve by bringing them together to celebrate our history and our City's landmarks in grand holiday fashion." In other words, the department is trying to promote its presence in the community and accommodate as many people as possible. Unfortunately, the goal of "accessibility" conflicts with the goal of "green."

Keep in mind that this is the work of a bureaucracy, a well-oiled machine pumping public relations propaganda. The commitment of accessibility for the masses excludes bicyclists from the 3.8 million Angelenos served. Other than one preview night for bikes, Nov. 28, bicyclists are banned from the light festival. Access has been granted to motorcyclists who speedily wind through spaces between cars. Recently, equestrians and canines have been welcomed, yet bicyclists are excluded. One discontented group of avid bicyclists wants in.

This group, known as the Bike Writers Collective, views the water company's ban on cyclists as being poorly justified. Founder and spokesperson Stephen Box, of steely eyes and a quick tongue, lashes against the DWP's ineptness to reduce congestion. He says, "The light festival is accommodating so many more vehicles that the Interstate 5 shuts down all the way to the 134 Freeway, as a result of the significant traffic congestion." He continues, "One would think then, that in an effort to reduce the congestion, (the DWP) would encourage other modes of transportation like (he makes an emphatic pause) - what do you call this? - a bicycle." Box has no mercy when revealing the fallacy of the water company's reasoning. "But instead what (the DWP does is) take the lane that typically cyclists would use on Crystal Springs Drive and dedicate it to another lane of motor vehicle transportation."

When asked why bicyclists are banned, Hughes unknowingly reveals how water and power encourages congestion without placating bicyclists. "We are concerned with safety, as a two-lane road is converted to three with an emergency lane and two vehicle lanes converted into a one-way route," she says. "Vehicles go through the festival without their headlights on and since we also have barricades, there is a very little safe area for bicycles and we would not want anyone to be injured."

The Bike Writers Collective is skeptical. "This is the same battle cyclists fought when the Griffith Observatory reopened," said Box in a LAist article, "and Recreation and Parks intended to exclude bicycle access."

The Bike Writers see the ban as a violation of California state law which the DWP has no authority to enforce. Box recites the state laws: "California Vehicle Code (CVC) 21 is the uniformity code which restricts the municipality's authority to regulate the movement of cyclists with three exceptions: freeways, sidewalks and bike licenses. CVC 21200 says where motorists go, we go." Three years since its formation, this legislation-savvy group has rallied and petitioned the city council to allow them to exercise rights supported by state law. Some have taken their passion for bicycles and cyclists' rights to articles and blogs to vent the frustrations of their campaign or relate the latest progress made on behalf of bicyclists.

The bicycle activist's most demonstrative act is the annual protest ride through Crystal Springs Drive which they did on Dec. 8, which, ironically, was the opening night for cars to enter the festival. They met at the Mulholland Fountain, dedicated to the legacy of William Mulholland, a paradoxical figure that brought water and expansion to the city while ravaging the Owens Valley and provoking outrage from environmentalists. It is clear that they are no pushovers. This community of bicyclists exudes youthful energy. Some of the cycling comrades are wrapped in stringed LED lights, another plays irreverent holiday tunes that include a parody from South Park, and one is a stern Santa wearing glasses. It is a sight to see.

Though excluding bicyclists may not be the most prominent issue, Box sees that the ban is a consequence of the DWP's refusal to recognize the core problem - severe traffic congestion around Griffith Park. Surveying the intersection between the southwest corner of Los Feliz Boulevard and Crystal Springs/Riverside Drive, Box notes, "This is one of the most congested intersections in our city; this is a treacherous intersection in general. A police officer was killed right over there. As he pulled someone over, he was hit."

In a 2005 study of fatalities and injuries from motor vehicle accidents in Los Angeles County cities, Los Angeles had the most fatalities; 277, and injuries; 42,832, of all other cities in the county. Box asserts, "For us to encourage motor vehicle transportation as a form of recreation and entertainment is absolutely antiquated. It is the complete antithesis of all that (the city) should be doing as a committee, to improve the quality of life in this community."

Despite complaints from residents and bicyclists alike, the light festival pushes safety and environmental concerns aside. It continues to support motor vehicle transportation because it brings in the most visitors. In the LA Times article by Hymon, Councilman Tom LaBonge "thinks cars are part of the deal to allow as many people as possible - including those who cannot walk the route - to see the lights." After all, isn't popularity what maintains legitimacy in the DWP's claim to "dedicated" service? This is the car-centric city. The 2000 census on the means of transportation utilized by Angelinos reveals that nearly 1.2 million people travel by car, truck, or van in Los Angeles.

Box makes a poignant statement of the water company's and the city's attitude: "There's a saying that success has many parents, but failure's an orphan." Water and Power and the city are proud to brag about their light festival that dazzles. As for the other offspring - the traffic jams, heavy smog and ban on bicyclists, both parents refuse to claim responsibility.

For now, the Light Festival carries a heavy burden to uphold the family name - the same "quality" service to the Los Angeles community.

CityWatchLA - City & Cyclists Take a Love-Hate Ride in the Lights

CityWatch, Dec 12, 2008
Vol 6 Issue 100

Soap Box-Video
By Stephen Box



Cyclists demonstrated their love-hate relationship with the City of Los Angeles this past week by staging a protest ride at Griffith Park on Monday night and then a Celebration at City Hall on Tuesday. Monday's protest was the 3rd annual "Festival of RIGHTS!" in which cyclists take the DWP and Councilman Tom LaBonge to task for promoting the Griffith Park Festival of Lights as "Going Green" and then proceeding to ban cyclists from the congested streets filled with idling vehicles. News crews from KABC and Fox joined the cyclists as they gathered at the Mulholland Fountain, adorned themselves in holiday decorations and then rode through the gridlock of the Griffith Park Festival of Lights.

Tuesday's celebration came about as the Councilman Bill Rosendahl initiated motion to endorse the Cyclists' Bill of Rights finally worked its way to the full City Council. The motion was co-sponsored by Council President Eric Garcetti and Transpo Committee Chair Wendy Greuel and was seconded by Councilmen Ed Reyes and Bernard Parks. Cyclists have been taking the CBR around the City for months, picking up endorsements and encouragement, all the while fighting to maintain the integrity of the document, urging for approval "as written, as ridden!" The motion was approved unanimously and the cycling community celebrated.

In both cases, the events simply marked the beginning of the next phase of an ever-developing journey as the cycling community works to establish its place in the community and to establish a relationship based on respect and equality.

Monday night's ride was less about the Festival of Lights and more about the City's authority to restrict cyclists from the streets of Los Angeles. To the credit of the Department of Recreation and Parks, they tried to accommodate the cyclists on Monday night, although their offer was to have the Festival of RIGHTS! protest ride use the bridle trail. Not only is this illegal under LA's Municipal Code and not only does it demonstrate a misunderstanding of the notion of a "protest ride" but it also maintains a position that is the basis for the protest, that the City of Los Angeles has the right to restrict cyclists from the street.

Cyclists have long asserted that State law (CVC 21- the Uniformity Code) restricts the rights of a municipality to ban cyclists from the streets. LaBonge responds that the streets of Griffith Park are private park streets not covered by State law. This made it tough for the Supervising Park Ranger when he threatened to cite the cyclists at the end of the ride because the simple challenge was "under whose authority?" One can't both claim to be free of California Vehicle Code authority and then write tickets for violating the same code.

Ultimately, Sgt. Joyce stood his ground and threatened to write tickets and then to have his armed backup Rangers detain the cyclists while the tickets were being written. This offer was accepted by the cyclists and the stand-off lasted seconds before the Rangers were dismissed and sent home. Sgt. Joyce demonstrated a lack of willingness to enforce the ban with tickets or arrest and he got back in his truck and returned to the Ranger Station followed in the same lane by the remaining cyclists. (many had grown bored by the debate and had taken off in search of holiday cheer)

As for Tuesday's victory in City Hall, it marked a beginning, not an end. The Motion simply endorsed the Bill of Rights, a document that enumerates a dozen rights that are already guaranteed in some manner by Federal, State and local law, policies and directives. The real value of the Cyclist's Bill of Rights is its effectiveness as a catalyst for discussion and that is the opportunity that cyclists seek to pursue.

Through it all, the cycling community has been urging our leadership to endorse the CBR, as an affirmation to cyclists that they ride with rights and to inform the greater community of the nature of those rights.

In both cases, on the streets of Griffith Park and in Council Chambers at City Hall, it is most rewarding to this cyclist to see the cycling community engaged in the process. The discussions, the debates, the desire to improve, the passion, the participation, the perseverance, and the progress all serve to remind us that the journey is its own reward!

"See you on the Streets!"

CityWatchLA - Griffith Park Festival of Rights

CityWatch, Nov 28, 2008
Vo. 6 Issue 96

The City
By Stephen Box

The Griffith Park Festival of Lights opened with a whimper this past Monday night as Councilmember Tom LaBonge joined the DWP in hosting the Festival's token "Bike-Night."

This year the displays were brighter, the attendance was lighter, and LaBonge's stubborn resolve to limit cyclists to this one night of pre-holiday festivities was as strong as ever.

LaBonge reaffirmed his claim that it's simply not safe for cyclists to ride on the street at night with so many automobiles, forgetting that Crystal Springs is striped with a bike lane. Well, it was. Actually, the bike lane disappears during the Festival of Lights in order to create another lane for motor vehicles.

All this from the self-proclaimed Patron Saint of Cyclists!

This is the 13th year for the Griffith Park Festival of Lights. It was originally conceived by Councilmember John Ferraro as LA's "gift to the people." Ferraro was inspired by a Festival of Lights he witnessed in San Antonio and he returned to Los Angeles vowing to create a display worthy of LA. This he accomplished, in ways he may not have imagined.

In all fairness to the DWP, this year's festival shows great improvement with two weeks (November 25 - Dec 7) set aside for a vehicle-free festival featuring special accommodations for equestrians (Tues, Wed, Thurs) and even a protected lane for the peds who bring their dogs. In other words, even those who arrive by dog-sled can enjoy the Festival of Lights, all while cyclists are banned.

The progressive changes in the operation of the Festival are largely the result of strong lobbying from the Parks, Rec and Open Space Committee (PROS) led by Bernadette Soter and a coalition of supporting organizations which includes the Los Feliz Improvement Association, the Oaks Homeowners Association, the Sierra Club, the Greater Griffith Park, the Hollywood United and the Atwater Village Neighborhood Councils, the Bike Writers Collective and a full complement of community groups that totals approximately 30.

The Coalition has long been advocating for improvements to the auto-centric, environmental nightmare that the Festival of Lights wreaks on the local community. Fully a half-million people arrive each year to enjoy "LA's gift to the people" resulting in traffic congestion so significant that the adjacent freeway is brought to a halt. Festival attendees sit in traffic congestion so thick that the notion that cyclists would be endangered is laughable. (Coughable?) Signs announcing 90 minute to 2 hour delays in traffic bear witness to the significant negative impact that the large number of idling vehicles represent, all as they wait for access to the one-mile long Festival of Lights.

Meanwhile, cyclists are banned in order to allow for more motor vehicles. (Or was it for the safety of the cyclists?)

In either case, the "Yea for Motorists! Nay for Cyclists!" Griffith Park Light Festival is well under way, with only one week left to join the DWP in its effort to help the City of LA become "America's Greenest City!" and to enjoy the vehicle (and bicycle) free Festival. After that it's business (bike-free) as usual.

As for the cyclists of Los Angeles, December 8th, which is the opening night for the motor vehicle crowd, is also the night for the Griffith Park "Festival of Rights," a ritual ride of protest where cyclists adorn themselves in the appropriate holiday decorations and ride through the gridlock, sharing holiday goodwill and cheer with the motorists who find themselves trapped in the awe-inspiring gridlock that is most certainly worthy of a city such as LA. This was certainly not what Ferraro had in mind. (Stephen Box is a transportation and cyclist activist and writes for CityWatch. He can be reached at Stephen@ThirdEyeCreative.net )

INFO: For the “Festival of Rights” ride, cyclists meet at the Mulholland Fountain at the SW corner of Los Feliz Boulevard and Crystal Springs/Riverside Drive at 6:30 p.m. December 8 and ride @ 7:00 pm. (3700 Los Feliz Blvd. LA, CA 90027)

CityWatchLA - Welcome Sign Comes Down at Board Meetings

CityWatch, Nov 7, 2008
Vol 6 Issue 90

DWP Watch
By Stephen Box

This past Tuesday I traveled to the DWP Commission meeting in order to request a repeal of the ban on cyclists during the DWP's Griffith Park Festival of Lights. This was my 4th visit to the Commission this year in an effort to lift the ban and this is my third year of fighting to lift the prohibition. (I've also gone to the City's Bicycle Advisory Committee, the Caltrans Bicycle Advisory Committee, Councilman LaBonge, San Antonio and the Parks, Rec and Open Space Committee, all in an effort to sway the DWP)

I arrived late to find a thinly populated room with Commissioner Forescee Hogan-Rowles chairing the Commission, Commissioner Lee Kanon Alpert to her left and Commissioner Wally Knox to her right.

The Commission Chambers, traditionally a full house, was thinly populated and those in attendance seemed distracted and bored with a couple most certainly taking a nap.

I tried to sign in for public comment but my opportunity had passed so I attempted to turn in a speaker card for the last item on the agenda, only to be informed that they heard that item at the beginning of the session because of the large number of people who turned out to speak. I asked how many people turned out and was told seven. That included Councilmembers Garcetti and LaBonge.

With little to do but watch, I settled in and was immediately struck by the new tone and demeanor of the proceedings.

A couple of contracts come up for approval which prompted DWP GM David Nahai to address the issue of conflict of interest and DWP Chief Operating Officer Raman Raj's relationship with DWP vendors. Nahai began an overview of the process to ensure that all contracts were executed openly and transparently and in accord with the DWP's ethics policies, only to be cut off by Commissioner Alpert who said "I know Mr. Raj, I've had conversations with Mr. Raj and I've experienced his commitment to an ethical style of operation. I don't need to hear any more, Mr. Nahai. I trust Mr. Raj and I trust you."

Commissioner Knox leaned into the microphone and offered his endorsement saying "I echo Commissioner Alpert's comments."

Chair Hogan-Rowles beamed, the speaker who was preparing to speak was relieved, the issue was put to rest and the Commission voted unanimously to approve the contracts.

Long gone were the days of the (Commissioner Nick) Patsauoras-Nahai tension. Days when one could show up a half hour late and still make public comment. The DWP Commission had morphed into a mutual admiration club with checks and balances and oversight replaced by a new love fest environment. All that was missing was a round of Kumbaya and some Graham Crackers and milk.

The meeting adjourned and the room cleared, quickly.

I found myself standing in Commission Chambers with Nahai and Knox and so I took the opportunity to present my case for the repeal of the ban on cyclists in Griffith Park during the DWP's Festival of Lights.

Mr. Nahai made eye contact, listened, nodded and seemed to be interested. Knox paused for a moment, looked at Mr. Nahai and dismissed me with the simple comment "Cyclists have been given concessions and access to the Festival. They're allowed in on Bike Night." He then nodded, turned and left the room. Apparently he thinks that cyclists should celebrate the holidays on Nov 25th. He's wrong.

Since I had the opportunity I charged ahead and pointed out that a DWP ban on cyclists violated State Law (CVC 21 - Uniformity Code which precludes municipalities from restricting cyclists unless expressly permitted) Griffith Park Charter (transportation “kept within the reach of the most modest means.”) and simple logic. (who on earth can defend a ban on cyclists in an urban wilderness environment, all in an effort to make way for more automobiles who will then spend 90 minutes in a traffic jam)

Nahai responded that stakeholders had responded favorably to the DWP's "Bike Night" access plan. I pointed out that there were no stakeholders in favor of the "Bike Night Preview" on November 25th and that, in fact, I had the support of the City's Bicycle Advisory Committee and the Caltrans Bicycle Advisory Committee in lifting the ban. I pointed out that the significant stakeholder attitude was one of opposition to an auto-centric Festival.

I stated clearly that the DWP's ban on cyclists was simply indefensible and asked him to lift it. To his credit he never wavered but simply acknowledged my argument and promised to investigate. I thanked him and turned for the door. As I crossed the room, he called out, "By the way, I admire and respect your tenacity."

The ball is now in Nahai's court. Here's hoping the holidays are happy for everybody in Los Angeles, including the cyclists.

(Stephen Box is an important cyclist advocate in Los Angeles and writes for CityWatch. He can be reached at Stephen@ThirdEyeCreative.net)

CityWatchLA - Brown Out at the DWP

CityWatch, Sept 26, 2008
Vol 6 Issue 78

City Ignores the Law
By Stephen Box

Legendary rock band Van Halen, at the peak of its popularity, was taken to task by the media when it was discovered that Van Halen’s contract contained a provision that called for a backstage bowl of M&M’s, but with all of the brown ones removed. Often dismissed as Urban Legend, Van Halen lead singer David Lee Roth confirms the story as true, quoting article #126 of their production contract which specifies “There will be no brown M&M’s in the backstage area, upon pain of forfeiture of the show, with full compensation.”

As for the charge that this was evidence of the lavish and whimsical demands that Rock Stars made on promoters, Roth responds the ban on brown M&M’s was far from frivolous and was instead simply a quality control measure, implemented to guarantee adherence to a contract that was complicated and included complex technical specifications.

In short, when the band arrived in town, they would stop backstage and look for the bowl of M&M’s on the craft service table. If they found brown M&M’s, they knew it was time to line check the entire production because there were sure to be technical problems. Sometimes they might be minor, sometimes they might threaten to destroy the show and sometimes they might be simply dangerous.

There’s a lesson here for the members of the public who attend meetings covered by the Ralph M. Brown Act, the state law that guarantees the public the opportunity to participate in government meetings and deliberations.

Simply announce to the Security Staff at the entrance that you are a member of the public attending a public meeting. The Brown Act specifies that the members of the public have the right to attend public meetings without having to provide their name or any information.

Last month I attended the DWP Commission meeting in order to appeal to the Board to lift the ban on cyclists in Griffith Park during the DWP Festival of Lights in November and December.

I approached the Security Desk and was asked to sign-in. I smiled and identified myself as a “member of the public, here to attend a public meeting.” The guard didn’t smile and instead informed me that I needed to show identification and sign in. I responded that I was a “member of the public, here to attend a public meeting.” He repeated his position, I asked for a Supervisor, the Supervisor supported the Guards position and I showed identification and signed.

When it came time to speak before the Commission, presenting my claim that the DWP is violating state law (CVC 21) by banning cyclists from the streets while leaving them open to motor vehicles, I pointed out that the DWP was also violating state law, the Brown Act, by refusing to allow me to attend the DWP Commission without showing identification and signing in.

General Counsel to the DWP, Richard M. Brown (no relation to Ralph M.) responded quickly saying “you’re absolutely right! According to the Brown Act, the public has the right to attend meetings without having to identify themselves or provide identification.”

I pointed out that I was there to ask the DWP to stop violating state law at Griffith Park only to find the DWP violating state law at the DWP Commission. The remedy or “cure” for the Brown Act violation is to re-agendize the meeting and reconvene at a later date. I passed on requesting the “cure” but I did ask them to adhere to state law and lift the ban on cyclists in Griffith Park.

My request drew a meeting with Councilman Tom LaBonge, DWP staff and Recreation & Parks staff, all who reiterated that the ban on cyclists would stand.

At the next DWP Commission meeting I repeated the “I’m a member of the public and I’m here to attend a public meeting” request. This time it only took four members of the DWP security detail a consultation with the supervisor, a series of back and forth requests to sign in, a discussion with regards to providing me with an escort and …voilá…I was free to attend the DWP Commission meeting without signing in. This was progress!

I spoke my piece and then DWP Commission Chair Nick Patsaouras graciously noted that this was my second visit the DWP Commission on the same topic and instructed staff to put my issue on the agenda “so it can be resolved.”

As I left the meeting, I had the opportunity to chat with the Deputy Counsel to the DWP, Joseph A. Grajevich, and I pointed out that progress had been made but that it was still an ordeal to invoke the Brown Act at the DWP. He shook his head and said they were working on it. I reminded him that the law was 53 years old and at this rate, I was worried that they would never get to my real concern, the ban on cyclists during the DWP Festival of Lights.

He asked me who was in charge of the DWP Festival of Lights. I chuckled and responded “If it’s successful, there will be many departments responsible, if it’s controversial, it will be an orphan.”

The journey is far from complete. I’ll be at the next DWP Commission meeting on October 7 and I look forward to presenting my proposal to lift the DWP ban on cyclists.

I hope you’ll join me, not just in fighting for my cause, but also in claiming your rights under the Brown Act and in ensuring that those in power are reminded at every opportunity that the Brown Act is a real law and that we expect it to be enforced.

“See you in Chambers!”

(Stephen Box is a community activist and writes for CityWatch. He can be reached at: Stephen@ThirdEyeCreative.net)

CityWatchLA - LaBonge: Lights Out on Cyclists in Griffith Park

CityWatch, Sept 5, 2008
Vol 6 Issue 72

But, It’s the Law?
By Stephen Box

Councilman Tom LaBonge declared the Griffith Park Holiday Festival of Lights "unsafe for cyclists" on Wednesday and reaffirmed the ban on cyclists saying "the cars would be moving slowly, the cyclists would be riding fast and the motorists would be distracted. It's just not safe!" With the Holidays fast approaching, LaBonge convened a long overdue meeting, inviting reps from the DWP and the Department of Recreation & Parks to sit down with Equestrians and Cyclists to iron out details for the upcoming Festival of Lights.

LaBonge cut right to the chase and asked the Equestrians what they wanted and they responded with a reasonable enough request. They want to ride horses through the Festival of Lights, "after dark!"

There was a bit of discussion on the logistics of automobiles and pedestrians and horses all in the same area and finally it was agreed that the Equestrians would ride along the river, come up by the Ranger Station and then ride through the Festival, but only from 5pm to 7pm on Tuesdays, Wednesdays and Thursdays. This compromise seemed to satisfy all parties.

Then LaBonge turned his eyes on the Cyclists and asked what they wanted and they also responded with a reasonable enough request. "Abide by State Law. When the streets are open to motorists, ensure that they are also open to cyclists." There was more than a bit of discussion and none of it moved toward a compromise.

Joe Salaices of Rec & Parks explained that the streets had been reconfigured to accommodate the motor vehicle traffic, leaving no room for cyclists. He went on to explain that cyclists are known to ride "25 miles per hour between the cars" and that the difference in speeds between the cars and the bikes is just too dangerous!

Kimberley Hughes of the DWP pointed out that there will be a Bike Night on November 28th so that "the kids can ride their Big Wheels, parents can teach their children to ride their bikes and families can enjoy the Festival together."

The Cyclists rejected the "Bike Night" offer, prompting Rory Fitzpatrick, LaBonge's Chief of Operations, to call it a stalemate. LaBonge again asked for a compromise but the cyclists simply responded by explaining that they have no authority to negotiate State Law.

LaBonge pulled out a memo from the City Attorney's office, unsigned and on plain paper with no letterhead, and claimed that it authorized him to ban cyclists from the Festival of Lights. He passed out copies of the memo and repeated his claim that "the streets of Griffith Park aren't City streets!

The meeting concluded with the following arrangements being made for the different user groups.

Pedestrians will have 14 nights of vehicle-free Festival ending on December 7th.

Motorists will have access to the Festival beginning on December 8th and running until December 30th.

Equestrians will have access to the Festival on Tuesdays, Wednesdays and Thursdays, from 5 – 7pm, also beginning on December 8th.

Best of all, this year, special provisions are being made for man’s best friend. The bridle trail will be set aside for the exclusive use of dogs (and their humans) on the 14 Pedestrian nights.

Ultimately, there are many ways to enjoy the upcoming 2008 Griffith Park Festival of Lights. Guests can come by automobile, they can walk, they can ride a horse, they can even come by dog sled. They simply can’t ride a bike through the Festival.

Somehow this makes sense to Councilman LaBonge, the self-proclaimed best friend of LA’s cycling community. LaBonge, on his website, proudly proclaims “We could solve so many of the challenges facing Los Angeles right now if more of us rode bikes. We could take a big chunk out of air pollution, traffic and our waistlines, too.”

He then turns around and asks the City Attorney for support in banning cyclists from the streets of Griffith Park, a request that is met with the simple caveat “it is by no means certain that a court would agree.”

The author of the “Bicycle Ban” memo suggests arguing “the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.” In other words, cyclists are banned in order to provide for the safety and protection of the permitted motorists.

Another proposed argument is the idea that the law allowing for the prohibition of certain vehicles (heavy trucks that might damage streets) get flipped and used to prohibit bicycles, again for safety purposes.

The final claim is that the Festival of Lights is a group activity, “specifically designed to attract and permit vehicles to pass through and view the lights” and that cyclists aren’t part of that group.
It’s hard to believe that LaBonge can read this memo and hold it up as a credible support for the ban on cyclists.

Ultimately, the Festival of Lights is an autocentric environmental nightmare that fills the park with idling automobiles, clogs the adjacent neighborhoods, chokes the air with exhaust fumes and causes congestion that is significant enough to shut down the freeway!

The Festival of Lights is also the City of LA’s gift to the people of LA, and to the horses of LA, and to the dogs of LA, just not to the cyclists of LA!

Cough, Cough! Here’s wishing LA Green Holidays!

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