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Wednesday, October 31, 2007

The Transit Coalition eNewsletter, Wed., Oct. 31, 2007

Weekly Transit eNewsletter
Wednesday, October 31, 2007
Volume 3, Issue 44

Gasoline prices are on a vehement race to the top, as oil reaches near inflation-adjusted highs. A sagging dollar, production shutdowns in Mexico and political tensions are mostly to blame. The increases of recent weeks are reflected on the price for fuel, as Californians must pay $3.16 for a gallon of it. In fact, more increases are on the way, since currently purchased oil will not come to consumers until the springtime.

Fare evasion takes center stage once again at Metro. A study revealed that 5% of Metro Rail passengers do not pay the proper fare. The figures are slightly higher than those provided by the county Sheriff Department, which acts, among other things, as fare inspectors. This in turn has again prompted calls to install gates at stations, even as Metro is rolling out with the TAP program, which could come as early as late 2008. One Los Angeles Daily News editorial recommended increased patrols that would catch fare evaders and, in turn, increase safety.

Ousted Los Angeles City transportation chief Gloria Jeff quietly received a $95,000 settlement from city coffers for her wrongful termination. The matter left City Councilmembers fuming, since it was not allowed to vote on the matter. The development left a sour taste with the Los Angeles Times editorial board, which disapproved the peculiar methods that were used.

Was the new parking system at Dodger Stadium a success? Despite grumbling by the fans who now must shell out $15 to park, the system has notably reduced delays within and outside the ballpark. Indeed, access has been a major issue with most new ballparks. In the case of the San Diego Padres, they hired a transportation consultant who mapped out a plan well before Petco Park was built. Other franchises are also looking towards demand management techniques to control traffic and reduce delays.

Plenty of good tidings are given to LA/Ontario Airport, which is poised to grow thanks to increased hostility towards growth at LAX. The San Bernardino Associated Governments and SCAG recently announced it would fund a study for a Gold Line connection to said airport. Los Angeles World Airports executive director Gina Marie Lindsay outlined incentives that would make the airport more attractive to both passengers and airlines. The Inland Valley Daily Bulletin pretty much expressed the same thought.

Want to read more. See our complete newsletter!


Happy Halloween to all!!

Let me start your morning with the picture of "GREMLIN VILLAR"and "WITCH YIKESSTEIN".
Poor kids are still under observation and wonder what happen to their treats.

Downtown News Jon Regardie has his Halloween missive on the Haunted House known as City Hall. Unless you have the hard copy, this is a laugh. Just remember that if you are reading this or some other paper in a men's bathroom stall at City Hall. When the person sitting next to you "WIDENS HIS STANCE". Then likely, it is a certain Councilman in a "SENATORIAL COSTUME". Put hand down under partition for your "TREAT".

For the "SPRING STREET RINOS", That being Dennis Zine and Greg Smith. They can live up to their supposed "REPUBLICAN ROOTS" and dress up as "TAX CRUSADERS". Or if that doesn't work, Zine can revert back to "DENISE". Smith can get his LAPD uniform back from Englander, and play cop for today.

Don't count on Jan Perry giving any "FAST FOOD" coupons as treats. Yet, she would make a great "SHAKE DRINKIN, PURPLE GRIMACE" shilling for "MICKY D's".

Eric Garcetti can pull out his Navy uniform. Then call on Zine, Huizar, Wesson, Alarcon and Cardenas to form a City Hall version of the Village People. I will let you out in "bloggerland" pin the titles on the cast.

For us in CD 14, we are afflicted 365 days of the year with ghosts of past and present politicos. Try calling on Jose Huizar and get empty space. Hear the "GHOST OF PACHECO" chanting "80 FAKE NEIGHBORHOOD WATCHES". Go to a civic event and see Richard Alatorre shilling for some Special Interest. Drive down Huntington Drive and avoid a weaving ex. Irish Councilman. There was one "WANTABEE", but this blog dosen't cover South Pasadena. Then for the "ULTIMATE HORROR" we get the "POLITICO FORMERLY KNOWN AS ANTONIO VILLARAIGOSA, trapped in tony villar's body". This spook has been haunting us for ages. Lots of TRICKS" but no "TREATS" for those who encounter this fright.

Now for the sake of interactivity, lets play "PICK THE COSTUME" for the cast of many, here at Mayor Sam.

You can choose from the bloggers, City Council, Mayor, Mirthala, School Board, Alger, Laura Chick, Joe B., Rocky and wife, "WWG", Marcos Aguilar, anyone in CD 14, Lisa Sarno, Bunker, Ully, Trujillo, Walter Moore, DGarzilla and many more....and I would be remissed if I didn't include "THE PIRATES". But I think that one is covered.

Enjoy your day of "TRICKS AND TREATS"

The annual Art Bell Halloween Special is tonight at 10:00PM on KFI 640 AM.

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Tuesday, October 30, 2007

Fabian Nunez' Excessive Spending: Is The REAL Shadiness In The CAMPAIGN SPENDING?

"Friends" To Gather This Friday-Sunday to Protest Autry/Latham & Watkins/Villaraigosa/Huizar Plans For SOUTHWEST MUSEUM -- CLICK HERE

From Zuma's Inbox (zumadogg@gmail.com) regarding a new angle to explore regarding Nunez' "Glamorous Life" and excessive spending.


Here's another scoop you can beat the LA times too...

The recent articles on Nunez's excessive spending was focused on personal items purchased with campaign monies.

They missed the REAL crimes in campaign spending.

Look at the Campaign spending reports of many of these electeds; look at the payments to campaign consultants: Hundreds of thousands of donated dollars being funneled into consultants for campaigns?

Nunez ran unopposed. How much campaign literature went out to his district...all he needed was ONE vote to win?!?!

Where did all these campaign dollars go? Not to mailers, not to robo-phone call banks? Did it go to extensive campaign research and polls???

Or did it go to personal friends under the shadow of campaign workers -- and campaign advisers?

Or were there kick backs from these so called campaign consultants?

For example, Gil Cedillo raised over $300,000 for his election -- and spent it mostly on consultants and gifts -- but ran NO CAMPAIGN. (He had a built-in 80/20 advantage by the way Sacramento stacked the deck in district boundary's.)

You need to keep up the pressure on this SHADY bunch.

FEATURED COMMENT: Ask the same question about the LAUSD race, the 1M trees, etc, etc, etc. I bet some politicians get a smaller bill for their (in theory) restricted campaign spending since the consultants got all this unrestricted spending money...
It is a brilliant way to launder contributions.


Mayor Villaraigosa on notice: no more firings!

Mayor V. has been warned advised not to fire or accept resignations of any more African American employees, according to an LAT opinion piece co-authored by one of my favorite weekend radio hosts:

The City Council's three black members -- Jan Perry, Bernard C. Parks and Herb Wesson -- met with black pastors to discuss Jeff's termination. The Los Angeles Sentinel, the major African American newspaper in town, raised questions about "what is transpiring with black employees under the mayor's political umbrella." Frederick O. Murph, senior minister of Brookins Community African Methodist Episcopal Church, told Mayor Antonio Villaraigosa: "We don't want to see any more African Americans get fired. We don't want to see any more African Americans resigning." According to the mayor, about 20% of his appointed department heads are African American. This in a city with a black population of less than 10%.

Did the fall of Rome include this much low comedy and high drama? LAT

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RED SPOT INSTITUTE SPECIAL REPORT, "DWP, This is your light....and power"

If one has some spare time and is up for a drive. Take a day and head up to the Owens Valley. As you proceed pass the "Fresh Jerky Stand" near Olancha, one gets a stark reminder of the cost incurred in the quest to build a "City of Angels".
Dust devils prance across what was the gem of the Owens Valley. In the wind, one may be able to hear the ghost horn of the "Bessie Brady" as its pulls up to the dock on the Cartago side of Owens Lake with another cargo of silver from the Cerro Gordo mines. Silver that Teamsters hauled to Los Angeles to help financed the growth of the city in the late 1880's. A lake that is no more.

Grow, Los Angeles did, and some years later, William Mulholland came to the valley as a young utility engineer, to alter the landscape forever. Thus, forever linking the DWP's legacy and Los Angeles at that, to the folklore and hearts of its people. Hearts for many, that still hold hurt and anger for generations of local families, forever effected by the actions of a young DWP.

Years later, the legacy of the nation's largest utility, was front and center yesterday as Mayor Antonio Villaraigosa named attorney and former DWP Commission President, H. David Nahai as the General Manager, pending City Council approval.

Nahai will take the reins of a bloated, inefficient, and wasteful example of government, sinking fast. First on Nahai's list of tasks, is selling a "Snake Oil" of a proposal to raise water and electric rates. This, as the Mayor and Nahai will want you believe, is to help the utility upgrade its aging infrastructure. Further, your increased rates would provide the "investment base" to pay for a "Greener and Kinder DWP". Yet, cynics will opine on who will benefit from these investments.

On the theme of cynics, especially "Valley Cynics", Los Angeles Times Davis Zahniser has a story on a DWP proposal to restructure rates based upon geographical location. This will surely spark dialog. Especially when people find that the valley will get a cut in their bills. Could this be a "Kilowatt of a Carrot" to help sell the rate hikes ?

Whatever way the DWP "glows and flows" so does the direction of the city. Yet hours to the north, winds spread the toxic dust of past deeds that still await their "day of reckoning".

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Monday, October 29, 2007


By now most of us have already forgotten Gloria Jeff and her $95,000 kiss goodbye (and click here for a pretty good Downtown News cartoon). But Gloria's parabolic career arc is worth revisiting, because it speaks volumes about the way the Mayor's closest advisers think: not in the interest of the public, but in the interest of the political. To me, nothing's Gloria's fault---it's not your fault when you're offered a job you have no prep for doing---and even a cursory glance at Ms. Jeff's career indicates she has no background whatsoever for making traffic flow better.

Which may have been the whole point of hiring her.

The first indication of buying a palette of damaged goods may have been the remoteness of Jeff to the City of Los Angeles. Most successful careers, if they go in any direction, go city/state/federal---in coming to LA, Ms. Jeff's went fed/state/city.

Her duties in the Clinton administration were far from the kind of duties that a City traffic chief gets: she was concerned with Interstate highways and commerce, ironically the precise roads that were off-limits to her purview in Los Angeles.

In Michigan, she took a state job that saw her fixing bridges and tunnels; things in Los Angeles that have been worked on ceaselessly since January 17, 1994. Things we basically already have wired, down to streetlighting.

No, the problem in LA as described by the last Mayor's race has been traffic congestion, and there was absolutely nothing on Jeff's c.v. that anticipated success with mitigating that.

Which is why, I think, Jeff was played as a bit of a stooge by Team Antonio.

With someone like Jeff in charge of the City's transit flows, it was easy to work at cross-purposes to her. The plan of Antonio's advisers has always been to hand the City over to developers, to make it more and more dense, to make it feel like a place it should never aspire to be, a congested, overpriced, oversaturated urban theme park. Antonio promised to make traffic better---but to do so while increasing density is impossible. So why not hire someone on which to pin the blame for traffic problems mid-term?

The dismissal of Jeff has been portrayed many ways: impulsive, racial, a question of competence. But I think it was none of those things; I think the very seeds for it were sewn when she was hired. Despite the voter's demand that traffic become better, Team Antonio knew which way the City was going to go---more congested, more dense, more bifurcated by class---and picked someone who didn't have a hope in hell, given her expertise in other areas, of making it any better.

Gloria Jeff wasn't incompetent, nor overpaid (on either end of her tenure), nor was she the wrong color. She was like an allergist who was asked to heal a dangeous foot problem. It looks like a doctor's a doctor, except to other doctors---and Gloria Jeff never was a traffic doctor, nor was she intended to be. Don't blame the allergist, blame the Chief of Staff who hired her.


Villaraigosa taps Nahai to lead DWP


In a move that will surprise no one, Mayor Antonio Villaraigosa will announce today the selection of former DWP Board President, H. David Nahai to replace Ron Deaton as DWP General Manager.

Nahai, a staunch "FRIEND OF ANTONIO", will become the highest paid department manager at over $300,000 a year. Still some in the City Council would like to conduct a national search for the best qualified candidate, as stated by Councilwoman Jan Perry.
Yet, the selection of Nahai will be greeted by the "GREEN COMMUNITY" with glee. Nahai's past work with the water board and his agenda of pursuing a "GREENER DWP" will give the Mayor a "GREEN COVER" to engender continuing support from the "ECO COMMUNITY".

Nahai, a lawyer by training, will have his hands full, in attempting to right the nation's largest public utility. After all, this is the agency that pays $100 to plant a tree, faced a blistering attack from LA Times Steve Lopez when his power went out, and where employees are over paid and under work.

Will Nahai be the right person for DWP ? One thing for sure, Nahai and Villaraigosa will have some "quality discussions" at many fine restaurants in the near future. Just wondering who will pick up the tab ?
What role did "FRIENDS OF ANTONIO", Keith Brackpool and Ari Swiller, play in the selection of Nahai ??

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Maybe Richard Alatorre Should Run For Mayor...He's Running The City Anyway for Mayor Puppetonio Viagraosa

Here's an insightful comment regarding Mayor Puppetonio's mentor; Robin Kramer's former boss and mentor; affordable housing strategist extrodinare (see ZD's LAANE stories); the man you have to hire if you want a Charter School in a Park; or get 5000 homes built in an area that shouldn't be zoned for 500; and the person who recently triggered an LA Times article detailing all the shadiness -- Richard Alatorre. But sometimes, nothing says it like a Mayor Sam comment:

ZD's Affordable Housing Mentor said...

Facts are facts......

Alatorre's sister has a position in Antonio's staff. Just like before, Alatorre is hiding behind his sister's skirt.

Everyone in politics knows that Antonio won't take a dump without consulting with Alatorre. The after he takes the dump he goes to Parke Skelton to make it smell nice.

Alatorre is so far up Antonio's butt even the L.A. Times had to report on this.

Check your facts or stop drinking the kool-aid, this mayor is a lying sack.

Viagraosa isn't allowed to have a thought without him. And now Alatorre is winnin' 'em over in the Valley at Las Lomas. Recent Alatorre stories on Mayor Sam including LA Times link (The guy hasn't even registered as a lobbiest...LMFAO!!!)

(Hey Loserosa...your blog spinners are doing wonders for you. I was taking the day off...but you kick a sleeping dogg and you know what happens...hope you enjoy this morning appetizer. And Jules would like to aks you to, "Say 'what' again".)

Zuma Times "Non-Profit of the Day" is Esperanza Charities, Inc. Check out their Form 900 here.

Sunday, October 28, 2007

Daily News Editorial, "Mayor V. tell the truth"

Quick diversion away from the sport pages, one was able to find this editorial in today's Daily News,"Tell the truth".
First, lets remember that this editorial is directed towards the "POLITICO FORMERLY KNOWN AS ANTONIO VILLARAIGOSA, tony villar". Last I remember, this is the same man who could not tell the truth to his wife. So why would the editorial board of the "MOLDY GREEN SHEET" expect him to be truthful to the cities populace ?
Second, I do remember a ex. councilman who briefly moved into CD 14 on his way to a Third Floor office on Spring Street. There was something about serving a full term as councilman. Plus he promise to protect and keep a certain museum in the Arroyo Seco Valley.
Third, what about those "80 NEIGHBORHOOD WATCHES" he help create ?

Fourth, does anyone remember a certain councilman who voted three times "NOT TO RAISE" trash fees ? One would of thought that he was the "LATINO REAGAN", well that is a stretch. Then when becoming Mayor, he gets and takes credit for the implementation of the raised trash fees ?

So why waste newsprint on requesting an impossibility ? After all, you are asking the Mayor to state facts, not "PARKEque" Skelton creative "SPIN".
Excerpt from editorial:
"Already City Hall is gearing up a campaign of lies and gross distortions. Villaraigosa can do better. He can admit the money will fulfill the overly generous new contracts for city workers, the free cars for city employees and politicians' staffs, the junkets, the subsidies to luxury hotels"
Thought to Ponder:
If we are in a true "FISCAL EMERGENCY". Why don't we call on State and Federal leaders to send a "RAPID RESPONCE TEAM" of auditors ? They would be vested to "check the books" at City Hall. Thus, ascertaining if we are truly in a "FISCAL EMERGENCY".

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Saturday, October 27, 2007

Saturday morning "Breakfast Bits" from the "RED SPOT INSTITUTE"

Good Saturday morning from the Institute high above the "BLUE SEA" of government junkies in CD 14. For your viewing pleasure, we give you this lovely shot of Elephant Hill in "PUEBLO DE SERENO".

It seems that the "MIXING" of a full moon, alcohol, computer keyboard and a lurking "SANCHO" has someone spilling their "BROKEN HEART". This makes for "BLOGGIN GOOD ENTERTAINMENT". So let this be the "DR. PHIL THREAD OF THERAPY".

On to the news.

Always fun to watch a "WEEKLY LOCAL FISHWRAP" out report the "OLD GREY HAG ON SPRING STREET". The Downtown weekly continues its reporting on the fiasco that is the Rec. and Park Quimby Fund. This week, Rec. and Parks admits that land they were looking at for park space is no longer available.
City Councilwoman Janice Hahn will not give up her dream of "TAXING OUT THE GANG PROBLEM". She will place her "PARCEL TAX" on the November 2008 ballot. Meanwhile, we have a sighting of the "GENERAL SECRETARY OF GANG INTERVENTION", the Rev. Carr.

What will be the final resolution to the Elephant Hill affair ?? It seems that El Sereno is always a fertile area for thought, and quite diverse at that. Blog away, enjoy your Bruin win and the demise of the Trojans.
****Trojans Burst Under Pressure**** Oregon 24, S.C.C.C 17
****Bruins are ruin, UCLA 7, Washington St. 27****

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Friday, October 26, 2007

DWP chief resigns, debate over selection process begins

DWP General Manager, Ron Deaton has tendered his resignation. On medical leave since suffering a severe heart arrhythima during a July trip to Costa Rica. The much respected 42 year veteran of City Hall leaves at a time of flux for the city owned utility.

Mayor Antonio Villaraigosa:

On behalf of the entire City, I want to thank Ron Deaton for dedicating a brilliant 42-year career to Los Angeles.

From his first day on the job at the age of 22, this is a man who literally did it all for Angelenos. He kept the lights on through fires and blackouts. He balanced the books. He helped build parks, police stations and libraries. He kept us united as one city.

More than that, Ron always embodied the idea that public service is the highest calling.
We wish Ron and his family the greatest happiness as they begin an exciting new phase in their lives.

Speculation has been rampant over who would replace Deaton. Former DWP Commission President, H. David Nahai, resigned from the commission to position himself for consideration as the new G.M.

Yet, others such as Councilwoman Jan Perry would like to initiate a national search for the best candidate to suceed Deaton. Just before the release of Deaton"s letter of resignation, The Water and Power Board, all appointees of the Mayor, voted to offer Deaton a $267,000 "Separation Agreement". This would act as a buyout of the two years remaining on Deaton's contract.


Los Angeles utility chief resigns - Los Angeles Times

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Chief Bill Bratton sworn-in for a second term

In a ceremony mixing "CHOWDER PRIDE" with Hollywood theatrics, LAPD Chief Bill Bratton was sworn-in for a second term at the Police Academy in Elysian Park.

With Mayor Antonio Villaraigosa looking on, the ceremonial "Pining of the Badge" was done by the chief's dad, William E. Bratton. This was a emotional moment for the chief. His father has been on hand for each of the chief's previous promotional ceremonies, except in 2002 when his mother, June was very ill.

One cannot argue that Bratton has turn around the state of affairs at the LAPD since taking over in 2002. Since then Bratton has become arguably the most popular politician in the city.

He has confronted controversy head on, whether it be the shooting of Devin Brown, or the May Day protest at MacArthur Park. Crime is down overall from 2002. Yet gang violence is still of paramount concern. One thing that is sure, Chief Bratton enjoys national support for his policing efforts, ....... and somewhere, is a former chief who bitterly laments what could of been.

P.S. who was the guy that had the insight to hire Bratton ????

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Thursday, October 25, 2007

Outtakes from the "RED SPOT INSTITUTE"

Good morning from the heights of the "Red Spot Institute". It seems that the other "BLOGGIN SOTS" are out and about, saavy ?

Here are some quick bits of news that is not fire related, or maybe except for one "Moronic Lt. Gov."

Los Angeles Times, "Parks vs. Ridley-Thomas for Supervisor":

Former Assemblyman Mark Ridley-Thomas has announced that he will run for Board of Supervisor. This sets up a battle between Ridley-Thomas and City Councilman Bernard Parks for the seat being vacated by "Brentwood resident", Yvonne Burke.


Townhall Blog, "John Garamendi Unplugged":

Rants of a moron. Watch the video link.


Los Angeles Times, "Elephant Hill Permit revoked:

BREAKING NEWS!!, Jose Huizar keeps a promise, too bad that can't be said for the Southwest Museum. Stay tune for more tales of "broken promises and backroom deals" from CD 14.

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Wednesday, October 24, 2007

Where the Hell is Carrmen Sandiego?

A commenter on the previous thread raises a great question: where in the world is Rev. Jeff Carr? Google News offers few clues and relevant blog hits are pretty dated. So, tell me. Where is Los Angeles’ Gang Czar? Informed comments and conspiracy theories welcomed.

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LA vs the Masons

History has shown that you don't mess with the Masons. For some time the City of Los Angeles has tried to prevent the charitable fraternity from renting its Scottish Rite Auditorium for non-Masonic events, such as concerts. However a recent court ruling may grant the order the same rights as a religious organization under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), effectively shutting out the City's interference.

It should be noted that facility rentals are one way that Masonic organizations help to raise funds for its many charities, such as the Shriners Hospitals who have provided free medical care to needy children even before liberals latched onto to the idea.


Tuesday, October 23, 2007

The Transit Coalition eNewsletter, Mon. Oct. 22, 2007

Weekly Transit eNewsletter
Tuesday, October 23, 2007
Volume 3, Issue 43

The accident on the Interstate 5 truck lanes the week before may very well affect transportation policy in more ways than one. Caltrans is now reviewing whether it was proper to raise the speed limit on the truck lanes some years ago. Praise was given to the swift response and even swifter reopening of Interstate 5, albeit without the truck lanes. However, the incident also reminded drivers of their dependence on this critical mountain pass.

Meanwhile, Metrolink announced that it would continue running the two additional train trips that were launched in response to the closure. The truck accident is a stark reminder of the valuable service Metrolink provides by connecting disparate areas of Los Angeles County.

The Expo Line to Culver City hit several obstacles last week. Some residents along the line are now demanding a grade separation near Dorsey High School . Metro contends that the request would add $25 million to the already strained project budget. Critics retort that Metro willingly spent money to add a station at USC/Exposition Park and make improvements at Los Angeles Trade Tech College . Also, an investigative report revealed that Culver City is the only municipality that has yet to contribute cash for the project.

How can walking, of all things, create traffic? As it prepares its annual holiday lighting display at Griffith Park , the Los Angeles Department of Water and Power contends that there is not enough parking spaces to park cars and allow passengers to walk through the display. Presumably, searching for scarce parking space would create traffic jams. For now, however, the DWP will make it a trial pedestrian-only event from November 21 through 25.

The Los Angeles Department of Transportation gave free enterprise another slap on the head, as it rejected a second private pedicab service in Downtown L.A. Department heads cite that the city currently does not give licenses specific to pedicabs. However, the owner of the first pedicab service, which was shut down by the DOT last August, reported that a process for licensure was established as early as 1986.

Don't Forget:
Tonight is the monthly Transit Coalition Dinner Meeting. Transit Coalition Board member Robert Leabow will give a presentation on fast-growing public transportation in China . See our complete newsletter for details.

Dramatic photo of "Heroes" lives on the Line

One finds it hard to concentrate on the follies of our assorted politicos. Many places that have burned or are endanger from the advancing flames, are part of my "Memory Chip"of life experienced.

The above photo was taken by a Los Angeles Times Photographer in Orange County. A group of firefighters are being overrun by advancing flames. Calling upon their training, they make their "LAST STAND" in the protective shields that they carry. When the flames passed, they all survive and return to duty.



VillarGarcia's LAUSD $20 Billion Construction Budget HEIST IS ON!!!

HEY MARK "MR. K" GERMAIN: Remember all those calls ZD made to you over the past year and a half about LAUSD's $20 billion school construction budget -- and how you have a corrupt mayor who was sent to heist as much of the money for his political backers so they will promote him to governor? (Well those days may be gone...but he still has to pay 'em back for making him mayor.)


from latimes.com:

L.A. board may shift $1 billion to school construction
[Don't worry...they will!]

The Measure Y bond money was approved by voters in 2005 for modernizing existing campuses. [But VillarGarcia LAUSD School Board Wants To Use It For Something Else. So THEY will make that decision for you!!!]

By Howard Blume, Los Angeles Times Staff Writer
October 23, 2007

Los Angeles school district officials want to close most of a staggering deficit in the school-construction program by using more than $1 billion in bond money that was meant for other purposes. The Los Angeles Board of Education is scheduled to vote on the shift today. [Let me take a guess...they'll APPROVE to shift this money?]

The proposal, expected to pass, would use -- for new schools -- money that would have repaired and modernized existing schools, improved Internet access and other technology on campuses, and built and repaired preschool centers. Instead, the funds will backfill the plan to build 145 schools in an effort to provide all students with a neighborhood campus that operates on a traditional two-semester schedule. [Because you can't hijack that much of the budget with little old repairs and modernization -- you have to build entire new construction projects to heist that much money efficiently and with no transparancy or accountability.]

"Our hope here is that this is just a borrowing, if you will, of those funds" and the original programs "will be finished sometime in the future with other funds, whether they be from future bond measures or from other sources," said Edwin Van Ginkel, senior development manager for the Los Angeles Unified School District. [Borrow now...people will forget it's a loan, then pass a bond measure in the future if you need more money. And how dare you vote, "No"...IT'S FOR THE KIDS, REMEMBER!?!?]

Van Ginkel added that the bond's wording allows for such a transfer. [It's called "loopholes" and they are intentional. To these people if it DOESN'T say they can't...to them it means they CAN. Ethics/Spirit of Intent vs What they can get away with, those shady f*cks...they should all be locked up in jail for what this new LAUSD school board is pulling!]

But the fine print of ballot resolutions is not enough, said Jamie Court, president of the Santa Monica-based Foundation for Taxpayer & Consumer Rights.

"Politicians will try to use whatever money is on hand to fill any hole they have," Court said. "And in those cases they're often very flexible with 'the voter's intent' when the voter's intent wasn't that elastic. Politicians can't lawfully seize on the fine print to use money where that use was not made explicitly clear."
(Words suitable for framing.)

[Infomercial Announcer: BUT WAIT...There's more!]
Even after all the planned construction, tens of thousands of students will still attend classes in portables.

Justifications aside, a promise to voters is a promise, said Jon Coupal, president of the Howard Jarvis Taxpayers Assn. "There was a factual determination that over a billion dollars was needed to renovate schools where students are going right now. To take money away from that seems a fundamental violation of public trust."

The point is not lost on Scott Folsom, vice-chair of the district's bond oversight committee.

Even after the new schools are built, he said, 80% to 90% of students will be attending schools that exist today.

Still, the oversight committee approved the transfer last week. Its decision is not binding on the school board, which rarely goes against such recommendations. [NO WONDER MONICA GARCIA PULLED THE PLUG ON THE AUDIT COMMITTEE THAT INCLUDED THE INSPECTOR GENERAL'S INVOLVEMENT!!! And Laura Chick appointed (endless non-action report-writer) Connie Rice to the "School Construction Bond Citizens' Oversight Committee" (LMFAO!)]


more of the article

NEW: Zuma Times FALL NEWSLETTER (MEGA-MASTER SHADY REPORT)...Every recent ZD story all on one thread. Perfect to email to people. One place for all the shadiness. Click here for most MASSIVE post ever


Another day, another City Hall shakedown

Gloria Jeff is paid $95,000 to go away quietly. Settlement amounts under $100,000 cannot be reversed by City Council.

“This is outrageous,” said Councilman Dennis Zine, (snip) “It makes us look like fools,” ...

Indeed, it does. LAT

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Spending Your Money to Get More of Your Money

The City of Los Angeles wants to bamboozle you to pay a significant tax on telephone service. They're going to tell you that they're cutting the tax from 10% to 8% (when the courts have already cut it from 10% to 0% for you). They're going to tell you that we are in an emergency and need the money for police, fire, and oh, of course - the children.

And they plan a major campaign with your money to convince you to approve this tax in a February special election.

Normally, when government wants to hit an industry with a tax that industry will fight against it. However telephone companies who have to clear many regulatory hurdles with the City to provide profitable services they would like to offer don't want to rock the boat. So the official word from the phone companies is "hands off."

The unions of course will be joining in because, well someone has to pay for those 28% pay raises. Here are some questions for voters:

  1. Why would you vote to approve a tax the courts have already said you don't have to pay?
  2. Why would you vote to approve a tax when the City has clearly shown its wasting money and has misplaced priorities?
  3. Why should you vote to approve a tax to give City workers a 28% pay raise? When did you get a 28% pay raise from your employer?
With no big guns behind this, the people will have to fend for their own. We will monitor and inform you on this tax regularly, hoping the blogs, talkradio programs and newspapers will get the word out and that the people will not be bamboozled.

No Phone Tax!


No fair share for California

If you're looking for the Tuesday Hotsheet, it's here, a couple of posts back. Excuse me for ducking in....

As you know, rarely do banks do any kind of critical thinking well, and so often their timing is just plain bad---but yesterday, against the backdrop of a dry, smouldering Southern California, City National put out a press release that should make the southland's leaders burn a little hotter too.

I'll quote in part:
An overwhelming majority of California voters disapprove of the fact that the state's taxpayers send $52 billion a year more to Washington, D.C. than they receive in federal benefits, according to a statewide poll commissioned by City National Bank. The results released today also show that California voters want presidential candidates to address this issue during the 2008 election campaign.

Everyone has a general sense that California doesn't get a fair federal share, but to demonstrate how much of a deficit $52 billion is---well, for starters, that would be the low estimate of roughly the same amount that bond investors will lose off the subprime fiasco---you know, the one that's threatening global economic stability. The only difference is, that's a one-time hit to the globe, but California ships $52 billion or thereabouts out of state to pointless highway projects in Vermont and gravy trains in New Mexico every damn year.

Mayor Sam's Hotsheet for Tuesday

DWP boss Ron Deaton was planning to retire in January following his heart troubles during a trip to Costa Rica. Now, the LA Times says that the 42 year long highest paid city employee (telephone tax watchers: this guy makes $345K a year) is not so sure and may stay on.

Councilman Tom LeBong does an interview with Halloween blog Creepy LA and discloses his costume for this year: an LADOT traffic officer. In the meantime the City Council earmarked nearly another $2 million to one of LeBong's favorite causes, the revitalization of Griffith Park, which will surely raise the hackles of activists fighting commercialization of the park.

If you've been wondering where Mayor Villaraigosa has been, he's in Nevada looking for voters for Hillary Rodham Clinton.

Faux economist Jack Kyser of the Los Angeles Economic Development Commission was given an award by his own employers. As Walter Moore has pointed out Kyser is not trained as a economist and despite getting many local journalists to hang on his every word he has had some goofy theories. Still even Kyser thinks the massive pay raises given by the City to municipal employees is way off the mark.

I don't know if Jose Huizar will try to make this walk, but Franklin Avenue is doing another annual walk through LA, covering the length of Pico Boulevard from LA to Santa Monica. If you're interested, visit their site and sign up.

Downtown LA via CurbedLA reports that at least $120 million in downtown Quimby funds can't be accounted for by the Department of Recreation and Parks. Hopefully the District Attorney is going to take a look at this. As you know developers are required to pay these funds to the City to build new parks, but none have been built Downtown. And they want your phone tax money!

How does Wal-Mart get around NIMBYs and politicians who block them from opening big stores? Just open up smaller stores.

Capitol Weekly reports that Governor Schwarzenegger vetoes bills at a rate twice that of Gray Davis or Pete Wilson. The more bills vetoed the better I say.

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Monday, October 22, 2007

Media Alert: DWP Rate Increase To Be Discussed At Saturday's NC Congress by "Topnotch" Panel

There will be a panel discussion about DWP rate increases at this Saturday's Neighborhood Council Congress at the Convention Center.

The discussion is open to the public and parking is free. The panel is scheduled for 11:00 AM. (Thanks Janice Hahn for helping to make this discussion happen!)

Maybe some of the newspapers can mention it and some of the other blogs can post the info, so everyone can show up for the discussion.

DWP Rate Hike Panel Discussion

A topnotch panel comprised of NC leaders, Department of Water and Power representatives, and experts in the field of financial policy will engage in a spirited and even-handed discussion of water and electricity rate hikes proposed by the DWP. Bill Christopher, former Chair of the Board of Neighborhood Commissioners and founder and Principal of Urban Concepts, will facilitate. The City Council will consider the proposed DWP rate hikes within days of this Congress of Neighborhoods discussion.


NEW: Zuma Times FALL NEWSLETTER (MEGA-MASTER SHADY REPORT)...Every recent ZD story all on one thread. Perfect to email to people. One place for all the shadiness. Click here for most MASSIVE post ever

Fabian Nuñez To Be Investigated - La Opinión

Fabian Nuñez To Be Investigated - La Opinión
by Christina Hoag

A California state commission will investigate Assembly Speaker Fabian Nuñez’s use of campaign funds to pay for foreign travel expenses, La Opinion has reported.

The Commission of Fair Political Practices will look into the Los Angeles Democrat’s spending of thousands of dollars on luxurious hotels, meals and gifts on European trips, the newspaper said Saturday. The expenses were first revealed in a Los Angeles Times investigation last month.

Nunez has defended his expenses, saying that all were within the law. He justified the trips as legitimate legislative and governmental business.

La Opinion said the investigation was sparked by a complaint by the Fund for the Defense of Legislative Terms. The Fund opposes Proposition 93 on the Feb. 5 ballot that seeks to extend the 12-year maximum that state legislators can serve to 14 years.

Nunez, who would be able to serve an additional term if the measure is approved, supports the initiative.

call about nunez on kevin james (3000 page views today alone...over 6000 since posted.)


NFL Talks On The Rocks

According to the Daily News, football talks have stalled and officials are avoiding the subject. At this point, apparently, the NFL values Los Angeles only as a bargaining chip in negotiations with other cities. Nice.

Los Angeles officials have refused to talk about it, but the NFL flat out told them three months ago that a professional football team will not be coming to the Coliseum, the Daily News has learned.

According to letters obtained by the Daily News, the city's latest hope of luring an NFL team involved pleading for Los Angeles to host a Super Bowl to try to regenerate interest in moving a team to the city.

Full Story

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Mayor Sam's Hotsheet for Monday

Born In East LA
Pending Cityhood by East Los Angeles could help efforts at San Fernando Valley secession, which a revival of is currently in talks. You notice that no area ever asks to JOIN the City of LA? Maybe that should tell you something.

NIMBYs At It Again
More narrow minded NIMBYs have bigotedly decided what type of recreation we will have in the San Fernando Valley. Councilman Tony Cardenas - who sent the San Fernando Valley Fair to Santa Clarita - and his committee have rejected a much needed motorcross track on a old landfill in an industrial section of Sun Valley.

The Debate Is Off
Council Member Janice Hahn wants attendees at the upcoming Congress of Neighborhood Councils to debate the pending DWP rate hike. Many Councils have already adopted a position opposed to the rate hike. Hahn's request is being rejected by DONE; they're saying the event doesn't have enough time on its agenda for the discussion.

Summer of Love Goes Trick or Treating
Loteria Chicana shows you how to dress like the Mayor and Mirthala for Halloween.

Another Year, Another Show
The Sister City celebrates it's third birthday.

Some stories you may have missed over the weekend

The Parks Are Melting In The Dark
The City has eliminated funding for the paddleboats at Echo and MacArthur Parks has been cut but the cash strapped City has the funds to put on a parade only 15,000 attend.

Council Plays Monopoly
Did you know that when City owned property is sold, the Council Member in whose district the property is gets to determine where 50% of the funds received from the sale are spent?

Show Me The Money
Downtown developers have contributed millions to a City fund to build more parks near their developments. But everyone is asking "where are the parks and where is the money?"


Sunday, October 21, 2007

So Shady, It's Heartbreaking: Zuma Dogg Weekend Recap of Items Sent To My Inbox

Nuckehead Nunez Call on Kevin James Gets Over 2000 hits on ZD's Podcast site this weekend, so far! When a podcast post on my site gets that many hits, that means it a hit with the audience/people must be sending around the link.

Nunez Call on KJ & Zine on J&K:click here
Zuma Radio Archives: Zuma Radio Archives/Classic calls

(Shady As Hell): The L.A. agency's director has discovered millions of dollars missing and thousands of residents unserved.

When Rudolf Montiel came from El Paso three years ago to clean up the Housing Authority of the City of Los Angeles, he didn't know enough to be daunted.
full story

LA. Unified to get $600 million for construction


Despite declining public school enrollment, Los Angeles will be able to count on more than $600 million in state school construction funds because of a bill signed Sunday by Gov. Arnold Schwarzenegger, local officials said.
full story

ZD on Mt. Gleason LAUSD Parental Concerns
[Villar, Superintendent Brewer, Garcia, Morris, Korenstein, Acosta PLEASE WATCH]

[BONUS ENDING: ZD's Motorcade "Shell Shocked" by AC/DC]


Rents on the rise as home prices slip: Some of the increase is attributed to the crisis in the housing market.

While homeowners were being stung by shrinking property values, renters across the state found themselves having to dig deeper into their pocketbooks in the third quarter, according to a report to be released today. full article


ZD's INBOX: Hello! This 10 AM meeting of the CRA Board of Commissioners tomorrow will consider an action item pertaining to the Valley Plaza/Laurel Plaza/Valley Plaza Park redevelopment plan -- namely a resolution to authorize cooperation with the Planning Department to seek eminent domain authority against community based organizations that own land at Valley Plaza and other small business owners -- probably asserting "urban blight" which the developer of course is creating on the 70% of the shopping center he owns.

ZD's OUTBOX (clarification I sent back): Are you saying the property owner who owns 70 percent of the affected area is letting the area become a blight so that the CRA can claim eminent domain and he gets a buy-out? i know if it's cra and eminent domain, there's reason for concern...is that it? If not, what's the angle?

ZD's INBOX (reply): Yes that is correct; State law seems to require that private enterprise be allowed to improve blighted areas before eminent domain authority is granted; Jh Snyder creates the blight; he can end it as well; in fact, we have evidence that he immediately doubled the rent for businesses in Valley Plaza once he became the landlord. He now threatens the remaining land owners with eminent domain which small businesses may fight. We will see how the CRA board meeting goes tomorrow.

PS There is additional evidence that the CRA is in need of a backbone implant: the Urban Land Institute 2004 report urged that the CRA, not the MTA, take a leadership role in the redevelopment of NoHo. MTA has in fact chosen the developer for the land it owns in NoHo. CRA adopted new design guidelines for NoHo only days before the MTA vote for "Art Wave." LA Weekly did a nice article on this vote.

CRA has never responded to the Rec and Park Commissioners who wanted a report on the proposed demolition of 5 acres of dedicated park land that Jh Snyder wants at Valley Plaza. Report is 4 years overdue.

VIllaraigosa's Shady (Illegal?) Phone Tax Scheme:

ZD's INBOX: Is Villar lying? Current rate at 4% not 10%. That was repealed. Now he says 9% is OK.It was $4.00 per $100. bill 8 months ago. It was raised to $10.00 (after they put the 10% on by Villar). Repealed by the Judge which returned it to $4.00. May be found in whatever code had all of the charges of the city administrative or municipal code; or the legal decision to repeal the 10.00% should say it was returned to 4%.

SNEAK PEAK: Venice Beach Ordinance 42.15 (DRAFT/Comedy Script)

Venice Beach 42.15 Draft:
This joke of an ordinance violates people's civil rights by saying if someone wants to set up an easel or table to paint the sunset, they can get a ticket. I really don't know why the City of Los Angeles under Villaraigosa is such a mean-spirited, combative force. IT MAKES NO SENSE WHY THEY ARE SO HELL BENT ON DESTROYING THE CULTURE OF THAT LITTLE STRIP ON VENICE BEACH THAT THE WHOLE WORLD COMES TO ENJOY.






A. Except as specifically exempted in subdivision 3, no person shall engage in vending upon any public beach lands or beach properties adjoining the waterfront of the Pacific Ocean, or upon any immediately adjacent boardwalk, sidewalk or public way between the southerly boundary of the City of Santa Monica and the northerly boundary of the City of El Segundo and between the northwesterly boundary of the City of Santa Monica and the northwesterly boundary of the City of Los Angeles.

1. Findings and Purpose. The City Council of the City of Los Angeles finds and declares as follows: [CLICK READ MORE FOR ENTIRE ORDINANCE DRAFT]

(a) The Venice Beach Boardwalk is a major tourist attraction in the City of Los Angeles, historically significant for its performance and visual artists as well as free speech advocates. Unregulated vending adversely affects the historic character of the Venice Beach Boardwalk by deterring tourists from visiting and shopping along the Boardwalk resulting in an economic and cultural loss to City. Due to its unique characteristics, the Venice Beach Boardwalk requires its own set of rules and regulations different from other public parks in the City;

(b) Unregulated vending along the Venice Beach Boardwalk from tables, pushcarts, stands, or by persons impedes the orderly movement of pedestrian traffic and may make the Boardwalk unsafe for pedestrians by limiting the City's ability to effect crowd management and control;

(c) Unregulated vending along the Venice Beach Boardwalk may impede the ingress and egress of emergency and public safety vehicles by creating physical obstacles to emergency response and administration of aid to those in need of immediate medical attention and to victims of criminal activity;

(d) Revitalization of the Venice Beach Boardwalk requires a vibrant and stable merchant, artist, performer and free speech advocacy community. Unregulated vending could serve to undermine the Boardwalk's commercial life by reducing sales from local merchants thereby eroding the City's tax revenues due to unfair competition, and by offering additional opportunity for the sale of stolen, defective or counterfeit merchandise;

(e) Unregulated vending causes visual clutter/blight along the Boardwalk, impeding views of the beach and the Pacific Ocean threatening the City's ability to attract tourists and preserve businesses along the Boardwalk;

(f) Unnecessary, excessive and annoying noise detrimental to the public health, welfare and safety, and contrary to the public interest, on the Venice Beach Boardwalk harms residents, businesses, and the historic character of the Boardwalk, diminishing the quality of life for those who visit, live or work on or near the Boardwalk;

(g) The amount of space on the Venice Beach Boardwalk that is available for performing and visual artists and for political advocacy is limited due to the size of the Boardwalk and the large crowds of visitors that the Boardwalk attracts. Prior to the City's Board of Recreation and Parks Commission establishing a program for assignment of spaces, there were numerous altercations over the locations and amounts of space that any one person or organization could use. Frequently, the altercations became violent requiring law enforcement response to preserve the public peace. Persons wishing to secure spaces often arrived at the Boardwalk prior to dawn and created loud noises in setting up their displays, thereby disturbing the public peace and requiring law enforcement response. Unregulated, the Boardwalk became a lawless area, where only the strongest and earliest arrivals could secure space to exercise their rights of free expression without threat of intimidation. It is, therefore, necessary to regulate the use of the limited space on the Boardwalk to prevent breaches of the public peace and to allocate the limited space available fairly to all who desire to use it for lawful purposes.

(h) To preserve the Venice Beach Boardwalk’s rich history of fostering new artists, including many of the preeminent artists of the mid to late 20th Century, the City needs to give preference for limited spaces along the Venice Beach Boardwalk to artists who predominantly create their own works of art.

2. Definitions. For purposes of this section, the following words or phrases shall have the following meanings:

(a) Donation. A gift; a voluntary act which does not require anything in return.

(b) Food. Any type of edible substance or beverage.

(c) Goods or Merchandise. Any items that are not food.

(d) Pushcart. Any non-motorized mobile device used to vend.
(e) Vend or Vending. To sell, offer for sale, expose for sale, solicit offers to purchase, or to barter food, goods, merchandise or services in any area from a stand, table, pushcart, motor vehicle, bicycle, or by a person with or without the use of any other device or other method of transportation, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing goods or services, even if characterized by the vendor as a donation.

(f) Vendor. A person who vends. This includes a vendor who is an employee or agent of another.

Inextricably Intertwined Speech Zone (I-Zone). An area on or near the Venice Boardwalk located at the Windward Plaza area and on the Boardwalk south of Navy Street and north of Paloma Avenue, designated by the City in which the City will allocate spaces for the vending of goods that are inextricably intertwined with speech.

Performance/Free Speech Zone (P-Zone). An area on the Venice Boardwalk located south of Paloma Avenue and north of 17th Street, designated by the City in which the City will allocate spaces for performers and speakers, but in which vending shall be prohibited except as provided in paragraph (a) of subdivision 3 of this subsection.

Board. The City’s Board of Recreation and Park Commissioners.

City. The City of Los Angeles, a municipal corporation, acting by or through any of its officers, employees or agencies, including, but not limited to, the City’s Department of Recreation and Parks.

Person. An individual or organization composed of more than one individual.

(l) Program Rules. Rules adopted by the Board consistent with this section.

3. Exemptions from the general prohibition on vending.

P-Zone exemptions. Subject to the permit requirements of subdivision 4:

(i) Any person may vend newspapers, leaflets, pamphlets, bumper stickers, patches or buttons; and

(ii) Performing musicians may sell recordings of their performances; and
(iii) Any person may provide food, goods, merchandise or services free of charge on condition that they shall display in their designated space, fully visible to the public, a placard provided by the City stating “Donations appreciated. No contribution required.”

Vending any item in the P-Zone not exempted by this subdivision is a violation of this section and is subject to the penalties described in subsection D.

(b) I-Zone exemptions. Subject to the permit requirements of subdivision 4:

(i) All exemptions applicable in the P-Zone also apply in the I-Zone; and

(ii) Any person may vend the following items: expressive items which have been created, written or composed by the person, or are inextricably intertwined with the message of the person vending the items. Such items may include, but are not limited to, books, cassettes tapes, compact discs, video digital discs, paintings, photographs and sculptures. For purposes of this paragraph, expressive items shall be deemed to have been created by the vendor only if they have been predominantly authored, performed, recorded, filmed, or otherwise made or assembled by the vendor.

(c) Exemptions applicable to all areas. The following activity may occur in all areas covered by this section, provided that no person may set up a display table, easel, or other furniture, use a pushcart or other vehicle or place any item on the property defined in subsection A except in the P-Zone or I-Zone:

(i) Any person may vend newspapers, leaflets, pamphlets, bumper stickers, patches or buttons; and

(ii) Any person may vend any other item that is inextricably intertwined with speech.

4. Permit System. The Board will designate spaces on the Venice Boardwalk for allocation in the I-Zone and the P-Zone according to rules promulgated by the Board consistent with this section. There shall be at least 120spaces designated in the P-Zone and 100spaces designated in the I-Zone.

(a) Permit Applications for the I-Zone. Any person desiring to occupy an assigned space to vend items in the I-Zone shall file an application for a non-transferable permit with the Department of Recreation and Parks. The application shall require:

(i) The applicant’s name and a mailing address at which the City may provide notice to the applicant;

(ii) A description of the goods or merchandise for which the applicant seeks a permit;

(iii) A declaration that the goods or merchandise for which the applicant seeks a permit are expressive items of the applicant’s own creation or are inextricably intertwined with the message of the applicant.

(b) Permits required for use of space in the I-Zone. No person shall occupy space in the I-Zone unless that person possesses a valid permit issued by the Department of Recreation and Parks. After 12:00 p.m. (noon), any permit holder may use an unoccupied space in the I-Zone subject to all other provisions of this section; provided that if the permit holder to which the space was assigned arrives after noon and requests to use his/her assigned space, the person not assigned the space shall forthwith without delay relinquish the space to the assigned permit holder.

(c) Permits required for assigned spaces in the P-Zone during Peak Season. During the “peak season,” defined as the Saturday before Memorial Day through November 1 of each year, any person desiring to occupy an assigned space shall obtain a permit. An application requesting a peak season permit for the P-Zone shall only require the applicant’s name. P-Zone permits shall not be valid in the I-Zone. During peak season spaces shall be assigned to persons possessing a permit according to the rules promulgated by the Board consistent with this section.

Exception: During peak season after 12:00 p.m. (noon) any person, whether or not a permit holder, may use any unoccupied space in the P-Zone subject to all other provisions of this section; provided that if the permit holder to which the space was assigned arrives after noon and asks to use his/her assigned space, the person not assigned the space shall forthwith without delay relinquish the space to the assigned permit holder.


No person shall alter or reproduce any permit issued pursuant to this section, nor shall any person possess an altered, reproduced or falsified permit document. A violation of this paragraph shall be subject to the penalties described in subsection D.

(e) Conduct subject to administrative enforcement. The Board may adopt rules consistent with this section for space allocation and reasonable time, place and manner regulation of the I-Zone and the P-Zone. Except as provided in paragraph (d) of subdivision 4, violations of rules promulgated by the Board shall be subject to administrative enforcement by the City as follows:

(i) A permit may be revoked in accordance with the Program Rules adopted by the Board for violations of any provision of this section or the Program Rules. Revocation shall occur upon a third violation of a Program Rule, a third violation of the conditions set forth in this section, or a combination of any three violations of the Program Rules or conditions set forth in this section. A notice of violation of the Program Rules may be appealed to the Department of Recreation and Parks District Supervisor. Revocation of a permit may be appealed to a three-person board consisting of: a representative from the Park Advisory Board designated by the Board of Recreation and Park Commissioners; a member of the Venice Neighborhood Council appointed by the Neighborhood Council; and, the General Manager of the Department of Recreation and Parks or the General Manager's designee. No action of the three-person board may be taken by less than a majority of its members. The conclusion of the applicable appeal process shall constitute an exhaustion of administrative remedies pursuant to California Code of Civil Procedure Section 1094.5.

(ii) Only those persons who obtain I-Zone permits may invoke the administrative appeals process described in subparagraph (i) of this paragraph. Persons vending without a permit in the I-Zone shall be subject to the penalties described in subsection D.

5. Conduct subject to criminal penalties. Conduct in the P-Zone or the I-Zone prohibited by the following paragraphs shall be subject to the penalties described in subsection D:

(a) No person shall place or allow anything in any designated space that extends beyond the boundaries of the designated space.

(b) No person shall place or allow any item (except an umbrella or other sun shade) exceeding four feet above ground in any designated space, nor shall any person cause or allow a designated space to be enclosed on more than two sides.

(c) No person occupying a space shall leave such space for a period longer than 45 minutes without first removing all items therefrom.

(d) No person shall occupy more than a single space at any given time, nor shall any person, business or group solicit another person to obtain or occupy a space on their behalf.

(e) No person shall purchase, sell, barter or exchange any assigned space with any other person.

B. Use of City Property Prohibited. No person shall use any City-owned or maintained street furniture or structure, including but not limited to, any bench, planter or trash receptacle installed on public property, in connection with their artistic performance or for the display of anything whatsoever.

C. Noise.

1. No person, group or business shall create any noise, or allow the creation of any noise, which causes the noise level to exceed the following Lmax levels between 9:00 a.m. and sunset:

(a) 85 dBA, when measured at a minimum distance of twenty-five feet from the source of the noise;*or,

(b) 107 dBA, when measured at a minimum distance of one foot from the source of the noise.*

*These numbers will change depending on the conditions of the Boardwalk as noise levels will vary depending on the number of people on the Boardwalk. The City’ noise abatement team is currently in the process of measuring noise levels at the Boardwalk both at peak hours and when the Boardwalk is not crowded.

2. Nothing in this section shall be construed as prohibiting the City from enforcing other provisions of this Code relating to noise.

3. No person or business on either the east or west side of the Boardwalk shall utilize any speaker or sound reproduction system at a volume that exceeds 70 dBA, when measured inside the premises of another building or structure while the doors and windows to the premises are closed.

4. No person or business shall interfere with or resist the taking of any noise measurement authorized by this section.

5. No person shall use a speaker on the public property described in subsection A unless it is placed on the ground and is no more than three feet in height.

D. Violations. Except as provided in paragraph (e) of subdivision 4 of subsection A, any person violating a provision of this section shall be guilty of the following:

1. First offense. Infraction.

2. Second offense. Infraction.

3. Subsequent offenses. The violation of any provision which would otherwise be an infraction shall be a misdemeanor if the person who has violated such provision has previously been convicted of two or more violations of this section within the 24-month period immediately preceding the current offense. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

E. Opening and Closing Hours. No person shall engage in activities not otherwise prohibited by this section between the hours of 10:30 p.m. and 9:00 a.m.

F. Posted Notice. The City shall post signs in the P- Zone and the I-Zone providing notice of the rules of use of each Zone consistent with this section.