LAUSD defends issuing school site permit to Home Depot

| | Comments (11) | TrackBacks (0)
UPDATE: Home Depot cancels June 24 meeting at Sunland-Tujunga meeting at school.

n following up the controversy over LAUSD issuing a permit to Home Depot to hold an "open house" in Sunland-Tujunga next week, I asked officials a series of questions and got a written response.

I also spoke with School Board Member Julie Korenstein who represents the area who said the officials in the district's Beyond The Bell program which manages civic center permits and other non-school issues were "just doing their job...as if it were an everyday permit."

She added: "I'm sure Home Depot would be far better off doing it in a neutral place...They're setting up what could be a problem."

Her reference was to the fact the No Home Depot activists are as welcome as anybody else at the Mt. Gleason Middle School event.

As for LAUSD, here's the bottom line: "The permit has been issued and the permit applicant will be permitted to use the facility in accordance with the rules and guidelines."

Here's the full statement from LAUSD's Beyond The Bell officials:

Question: According to the LAUSD website, school sites are available to nonprofits and by extension to community groups for what are pretty benign purposes, which are also spelled out in the state law on public school sites . Why was Home Depot, a highly profitablecompany, given a permit when it hopes to use the meeting to profit indirectly by winning public support for its story?

Answer: The civic center permit was given to Mr. Abraham Mercado who requested use of the facility to conduct a meeting open to the public.  Mr. Mercado submitted an application for a "public meeting re: Home Depot."  A meeting to discuss matters of general or public interest qualifies for a civic center permit.  The District's civic center permit application process is intended to be fair and neutral to all applicants.  We do not judge whether a proposed use is worthy of the use of a school facility because such a subjective determination could result in discrimination.  Mr. Mercado also checked the box indicating that no fees or charges or contributions would be collected at the public meeting.  If Mr. Mercado had indicated that he was going to collect fees, charges or contributions at the meeting, his application would have been denied.

The issuance or denial of an application for a civic center permit is not an indication or LAUSD's support or disapproval of a proposed use or activity.  Permits are granted to individuals, groups, and organizations (non-profit and for profit) based on the activity.  Examples of private and commercial venture groups/companies/associations, etc. that have been granted civic center permits in the past are: 20th Century Fox, Northrop Grumman/Litton, Tribune/KTLA, Ticketmaster, Fidelity National Title Company, Galpin Ford, and Cedar-Sinai Medical Center Group.  Education Code section 38130-38139 and the Rules adopted by the Board of Education for LAUSD apply to the issuance of civic center permits.  Education Code section 38130 and LAUSD Board Rules 1301 and 1302 do not restrict the issuance of civic center permits to solely non-profits or not-for-profit organizations.
 
Question: When the controversy erupted, who crossed out nonprofit and put up a new policy that allows companies to use school sites as long as they're not directly profiting? More important than who is why was this done and was it an individual decision, a collective decision made by someone higher up?

Answer: The statement on the Beyond the Bell webpage was incorrect because it did not include the full language of Education Code Section 38134(a) that states "a school district must give use of its school facilities if... the applicant is a non-profit organization or club or association, regardless of whether it is a non-profit."  The decision was made by Beyond the Bell to correct it in a transparent manner by more clearly defining that to qualify for a permit "the activity requested must be not for profit."

Question: In retrospect, was issuing the permit and the apparent change in policy just a mistake in judgment or was there pressure from any quarter to permit Home Depot for the site?


Answer:
There was no pressure to issue the permit from any group or person.  The policy was not changed, but rather the language on the webpage was clarified and corrected once it was pointed out to us.

Question:
Board member Korenstein emailed the community that the superintendent's office advised permitting to private businesses for open forums that would advantage their businesses was a legal requirement? Is there a basis for that statement or it in misinformation?

Amswer:
The Civic Center Act mandated by the California Education Code provides that each and every public school is a civic center of the community in which the school resides.  As a civic center, the members of the public and other organizations may meet and discuss any subjects pertaining to the educational, political, economic, artistic, and moral interests of the citizens of the communities.

Question:
At this point, what does LAUSD intend to do about the permit? 

Answer:
The permit has been issued and the permit applicant will be permitted to use the facility in accordance with the rules and guidelines.

0 TrackBacks

Listed below are links to blogs that reference this entry: LAUSD defends issuing school site permit to Home Depot.

TrackBack URL for this entry: http://ronkayela.com/MT/mt-tb.cgi/105

11 Comments

The LAUSD answer does not elaborate on what the nature of the functions were of the companies listed. Someone needs to find this out. Were they self promotional events or were they charity/non profit?

WELL......give 'em just what we expect...AN EMPTY AUDITORIUM!!!!! Except for the "paid" people from outer areas. Let's take pictures of who shows up so we can confirm whether or not they live here. We can follow their vehicles and see where they go...oh silly me....they get bused in!!! Hoe depot should be ashamed of their ridiculous tactics. Let's open one up next door to Francisco Uribe!

1:59pm "Hoe Depot" heh heh! How accurate .. they'll do anything for money and now they have "Hoe LAUSD" doin it too!

Thank you for your detailed information Ron. Our community really appreciates you very much.

Well, now we should ask Lowes, who is a much better corporation, to come and give a presentation to us about their new store and maybe we can also help find space for them in very close proximity to our community. It's apparent that Home Depot is scared to death of them, as well as Do it Center, who they also love to pick on because they are also a much better community minded corporation. Maybe we should also invite the gun exhibition up here and encourage anyone else who wants to use our schools to do so. They pay LAUSD and bring us commerce.

Since they are making so much money "renting" out the premises, we don't have to pass any more bond issues. I think the best plan is let's get behind Charter Schools who are proving to do a better job of educating our children and get rid of the dishonorable LAUSD and their private Kingdom! They are definitely out of control!

In the most recent LAUSD response there is no mention of the missing disclaimer. The application which Mr. Mercado submitted for 'a public meeting re: Home Depot' included the following under REQUEST FOR USE OF FACILITIES:

3. Any form of announcement or advertisement regarding activities held on school property for non-school purposes must include the following statement: "This meeting is neither sponsored by nor is it in any way connected with the Los Angeles Unified School District." If announcement is in printed form, statement must appear in equally large and prominent type.
http://www.lausd.k12.ca.us/lausd/offices/btb/Civic%20Center%20Permit%20Application_3.08.pdf


I do not know Abraham Mercado, nor do I know how he is involved with Home Depot; however, one thing is clear. The corporation mailed out thousands of glossy tri-fold invitations for their 'Open House', advertizing booths and other marketing displays, with no mention of the disclaimer. Regardless of font size there is no disclaimer on the application filed for a 'public meeting re: Home Depot'. Zip, zilch, nada.

LAUSD's recent response states:
"The permit has been issued and the permit applicant will be permitted to use the facility in accordance with the rules and guidelines."

This apparently does not apply to Rule #3.

Less than an hour ago, LAUSD Board Member, Julie Korenstein called to inform me that Home Depot is canceling this event. No further info on why. We are trying to get a statement from HD.

Looks like Home Depot fulfilled their obligation with the City attempting to inform the community, which is probably the reason they bailed out. Finally, we can let LAUSD get back to their jobs of running the schools and teaching kids, and no longer get wrapped up in Sunland-Tujunga politics. But as a consequence, now we all know the rules on using LA school facilities whether you are a "for profit" or a "non profit" institution.

Ron, Nina, et al that are so critical of LAUSD. I suggest walking a few days in their shoes before making such judgments on them, or even better, go to work for LAUSD and fix their dishonorable issues and fiefdoms you are so adamant about. I'm sure they can use your help answering phones and email as well.

I find it great that folks who used to think a Home Depot in S-T was OK have now seen the light and are emphatically opposed to a Home Depot there.

Stuart, my aunt is a retired LAUSD principal. I have family members who volunteer to help the schools in our community and do so on a regular basis today. Do you pitch in and help or volunteer ? The schools welcome community support and vice-versa. We're a community here.

Home Depot is wrong for the site and they would do better by selling their lease and finding space elsewhere. They fail to get it just like they fail to answer questions and address real concerns. Why? Because they don't know how to address the concerns. They don't have the answers, they want the City to give them the answers and they want to blame the community. We are the City and we are the community.

Thanks, I enjoy the humor of your lecture and red herring. God Bless your Aunt for being a principal for LAUSD, it is a big ship there and a tough one to turn. Please thank your Aunt for making a positive influence in so many kids lives. I'm sure she would not be very happy to read so many critical remarks from those that have no clue and have not lived in that moment. I have not worked for LAUSD and would never sit back a be so critical of a system that I was never involved in. But along with my day job, I've been adjunct faculty for LACCD for about 18 years, so I have a pretty good idea of what happens in a large school system. LACCD too is a big ship, and even many of us part-timers have been able to make some positive changes through this large bureaucracy, not through whining, but doing. Adjunct faculty only get paid for class time; prep, grading, recruiting, field trips, etc are all on our dime - but that's just would you need to do, otherwise we wouldn't have teachers. Also, I spend around 500 (unpaid) hours/year raising awareness and money for kids suffering from cystic fibrosis. So I hope this anwers your question and/or challenge to volunteer or pitch-in for the community. Again, my challenge to those that sit back and shoot arrows at LAUSD, stop talking and start doing something to help make a positive change, and stop wasting LAUSD's time over petty Sunland-Tujunga politics and fragile egos.

Re: Home Depot selling their lease. That is your opinion, one that I do not share. NHDC, STA did a fine job shutting down the communication from Home Depot with the community. This is not the time to turn a deaf ear, but to find out how they have or will address the community's concerns. It was the right thing for Home Depot to bail out, since this open house would end up being open to harassment from No Home Depot types. I really didn't feel like dodging a group of protesters either, and I'm sure many would just stay home rather than confront an angry mob. So reading the Home Depot information via web-site and email is just fine with me.

Oh Stuart -- I'm so pleased to hear of your volunteerism! I don't know what I wrote to give you anything I wrote as critical of LAUSD? I'm a product of the public school system and consider myself quite accomplished in life !

I'm sorry to hear you don't share my opinion. I guess you don't have to live or go to that site or anywhere near it so your quality of life, whether to shop, or to pass by will not be affected because you won't have to face the decay their store would bring. And, I guess since you likely work "outside" the community or have plenty of disposable income, driving or taking the bus to get your socks and underwear, school clothes, shoes, bedding and clothing, and more I guess are not a problem for you. You have your own world where you can get all your info via the web-site and email with no interaction with the S-T community. Your community life appears to be "outside" the community and your opinions seem to be for you and not for the greater good for all people and their quality of life. And, the quality of life for our children and seniors.

You know, as a test of all the good things promoted by Home Depot reps, I took a chance at calling a store today to see just how "customer friendly" they are and was told "no one is available in that department". I asked for another department and again, same answer. They just don't have the answers. Just like they don't have answers to the many questions that our ears have heard. So...there is no deaf ear here but rather deaf ears are with Home Depot and their hired reps. They are famous with the "I don't know but I'll find out", but never do find out, answers. But, you wouldn't know that because you are afraid of the....ahhh....mob.

As you must know, Home Depot reps have appeared at a City Attorney facilitated "dialogue". They've appeared at about 4 other community group meetings where they gave full presentations, that I either heard about or attended, and the only deaf ears have been Home Depot reps who are unable to give answers to community concerns. For years there has been updates at community meetings, hearings, more hearings, meetings, more meetings (all public and open to all) and more dialogue and even "just Home Depot only" presentations with new faces to those dialogues and even more concerns raised. But, no answers, no solutions, no consideration. If anything, they put the burden on you and me as they "just don't care". Every meeting has been respectful from and by this community. One exception: Home Depot bussed in paid supporters from outside the community and paid speakers and they said horrible things you and I and our community deserve an apology for and they came prepared with that hurt as it was planned, orchestrated and intentional. It was the worst display. We got through it and we continue to educate and be informed. Sunland-Tujunga demands better for all people (families, seniors, homeless, disabled, youth, rich, average or poor income) here, not just me and not just you. I care about the future of our quality of life in Sunland-Tujunga.

Thanks for the compliment, I will take it at face value – but you asked the “Do you ..” question. I do regret that you’re sorry that I don’t share your opinion, since I do value yours whether we share the same or similar viewpoint or not. But I have come to expect a response like yours since if you don’t happen to agree with the NHDC/STNC campaign, you are characterized as uninformed, enemy of the community, or as you noted that “I must live in my own world and it’s all about me”. Responses like these are divisive and others that do not share the opinions of NHDC/STNC, just won’t engage. Also, BTW … I would be happy to walk through folks with NHDC tee’s and signs to hear what/how Home Depot was going to do to address these concerns/questions that have not been answered. Unfortunately, NHDC put a stop to that. However, you are correct, I do not live in the trailer park or adjacent properties of the future Home Depot.

Home Depot would bring in revenue that this community has _never_ seen before. The former Kmart, in a good year, 6-8 million/year. Home Depot 70-150 million/year. Being it’s going to be a smaller store, probably under 100 million … but that’s more than 10 fold increase over the former Kmart. I believe as a result of this high revenue flowing through our town, there is very a good chance a more sophisticated business environment would begin to move in, and suspect a nice clothing store you are so much in need of would be one of those businesses. Our current model, the one that has operated here for decades, attracts mostly low rent liquor, tobacco stores, bars, auto retailers and repair shops, DVD, fast food, and now we have an adult porn shop on Foothill near Commerce. This is the “decay” that seems to be ignored or go unnoticed for some reason. I don’t see how any of these businesses are good for our children and seniors, or anyone. I just wonder where the activists were when the seedy businesses moved in under the radar, while setting all their sights on kicking out Home Depot. High revenue, high tax, high rent businesses are businesses we should be embracing, not chasing away. This is not for my self interests, but important for all of us that live in this community. However, there will be some that believe our current model is working just fine and suspect this attitude lies mostly with those that live in those adjacent properties.

Leave a comment

Saving L.A. Project (S.L.A.P)



Thousands of people have responded positively to the movement to save L.A. and put the people in power in Los Angeles. Now, it's time for those who see the possibility of what a citizens coalition can achieve to go to work. Your mission is to go back to your organizations and get them to partner with the Saving L.A. Project, to tell your friends and associates what you really think about how the city's is being run. We've had public meetings, we've given speeches, we've blogged and emailed about SLAP and the failure of our city leaders to serve the people. It's not a mystery; most people get it right away because they know it's true but think they can't do anything about it. SLAP is doing something about. It has definied its mission: Ending corruption in city government, get city government to obey the law, demand honesty instead of lies from out city government. Good government in a great city -- that's our goal. To achieve that, communities have to be empowered. We're mobilizing community leaders in every part of L.A. and we're registering as a non-profit organization to raise money to shake the foundations of City Hall. SLAP belongs to everyone who wants to be involved in saving LA.

In September, SLAP plans to hold community meetings in various parts of the city. We will work with your local group or groups to arrange the meetings and provide people who can talk about what we're doing and listen to the issues that matter to you.


If you're fed up with the failure of the schools and city government to serve your needs, get involved. We're developing a website to bring our communities together. In the meantime, feel free to contact me ron@ronkayela.com or visit savingla.com

About Ron

Ron Kaye is the former editor of the Los Angeles Daily News where he spent 23 years helping to make the newspaper the voice of the San Fernando Valley and fighting for a city government that serves the people and not special interests. Twice in recent years, Los Angeles Magazine listed Kaye among the city’s most influential people, specifically in the area of politics. Kaye has been variously described in the media as the “accidental anarchist,” “the Patrick Henry of the San Fernando Valley” and a “passionate populist.” He is now committed to carrying on his crusade for a greater Los Angeles as an ordinary citizen. Previously, Ron worked at the Los Angeles Herald Examiner, Associated Press, Cleveland Plain Dealer and The Australian as well as papers in Fairbanks, Alaska and Yakima, Wash. He also wrote for Newsweek magazine, The Guardian in London and the Naitonal Enquirer.
You can email me at ron@ronkayela.com

About this Entry

This page contains a single entry by Ron Kaye published on June 18, 2008 1:14 PM.

The "broken sidewalk" theory of L.A. apathy and alienation was the previous entry in this blog.

DWP's latest sucker punch to the public's pockets is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.