In a far-reaching opinion Superior Court Judge David Yaffe ruled today that the city's efforts to use agendas to obscure what they're doing like referring to an item with major environmental consequences as ENV-2007-2939-MND violates state law.
How would anyone know what that means, which is the argument attorney Robert Silverstein made on behalf of the La Mirada Avenue neighborhood in Hollywood. The community claimed the city Planning Commission's agendas explained the issues before it except when it came to those that are often the most important -- issues covered by CEQA, the California Environmental Quality Act.
"The evidence before the court, which is uncontradicted,
shows that the City Planning Commission of the City of Los Angeles repeatedly posted agendas of its meetings during the year 2007 that clearly disclosed each action that it intended to take or to discuss at a meeting except actions to be taken or considered under (CEQA)," Yaffe wrote in his opinion.
That wasn't the case when CEQA issues were on the the agenda. All they got was the cryptic reference of a file number.
"Such cryptic references are meaningless to most members of the public and do not in any way describe the particular action to be taken...such descriptions not only violate the Ralph M. Brown Act (open meeting law), they also violate the fundamental purpose of CEQA."
Clear and complete information sufficient for the public to understand what is at stake is the goal of both laws, Yaffe ruled. And he is prepared to issue a broad order requiring the City to be transparent in this regard in the future -- a ruling that can be applied more widely to much of what City Hall tries to do in the dark, hidden from the public.
How would anyone know what that means, which is the argument attorney Robert Silverstein made on behalf of the La Mirada Avenue neighborhood in Hollywood. The community claimed the city Planning Commission's agendas explained the issues before it except when it came to those that are often the most important -- issues covered by CEQA, the California Environmental Quality Act.
"The evidence before the court, which is uncontradicted,
shows that the City Planning Commission of the City of Los Angeles repeatedly posted agendas of its meetings during the year 2007 that clearly disclosed each action that it intended to take or to discuss at a meeting except actions to be taken or considered under (CEQA)," Yaffe wrote in his opinion.That wasn't the case when CEQA issues were on the the agenda. All they got was the cryptic reference of a file number.
"Such cryptic references are meaningless to most members of the public and do not in any way describe the particular action to be taken...such descriptions not only violate the Ralph M. Brown Act (open meeting law), they also violate the fundamental purpose of CEQA."
Clear and complete information sufficient for the public to understand what is at stake is the goal of both laws, Yaffe ruled. And he is prepared to issue a broad order requiring the City to be transparent in this regard in the future -- a ruling that can be applied more widely to much of what City Hall tries to do in the dark, hidden from the public.
Interestingly, the City Council went into closed
session two weeks to consider whether to settle this case. Did the City Attorney advise settling the case or fighting it? We don't know but we do know Council President Eric Garcetti
came out and the council voted unanimously -- which suggests another violation of the Brown Act -- to reject settlement, to reject transparency, to disrespect the law and the public.
Judge Yaffe in equivocal terms told the Planning Commission its practice on CEQA issues is "unlawful and is to be discontinued" and that it must provide the public with the same "clarity, particularity and detail" it provides on other issues before it. You can read his ruling here:
ceqa.pdf
This ruling is a milestone that should encourage communities across the city to demand full and open disclosure of everything the city does.
Secrecy and back room deals and rigged council votes and staged meetings -- they are as much responsible for what's broken in L.A.'s political cultural as the influence of special interests.
Judge Yaffe in equivocal terms told the Planning Commission its practice on CEQA issues is "unlawful and is to be discontinued" and that it must provide the public with the same "clarity, particularity and detail" it provides on other issues before it. You can read his ruling here:
ceqa.pdf
This ruling is a milestone that should encourage communities across the city to demand full and open disclosure of everything the city does.
Secrecy and back room deals and rigged council votes and staged meetings -- they are as much responsible for what's broken in L.A.'s political cultural as the influence of special interests.
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 National Enquirer.
We had Bastille Day, we have had a meeting in Glassell Park. there will be more meetings if we all get involved. And we must get involved - all of us. LACITY isn't the only place where the people who pay the bills get very little in return except more fees and taxes. The pot holes are still there. Some streets have not repaved since the area was first built 40-50 years ago. We are insulted by our council people who really are very uninformed about what they are to do for all that they take from us. If they know that they are taking advantage of us, they should be recalled, impeached and/or jailed. If you feel the gangs are in charge, you are correct. GANGS ARE A WAY OF LIFE HERE AND IN SACRAMENTO. MAYBE WHERE YOU LIVE AS WELL. This is my Declaration of Independence. I am letting you know how I feel because I think you agree with me. PLEASE GET INVOLVED. We have a right to life, liberty and the pursuit of happiness. But we have to claim it.
I think the most offensive thing is that City Council members say they care about transparency but they routinely take actions that speak otherwise. The LaMirada claim was a total no brainer. Of course the City has to identify proposed CEQA actions on an agenda. Every other City and public agency does. So why for years has the City Council and the worthless City Attorney refused to comply with the law?
Even when faced with a lawsuit, instead of admitting error and fixing it, the City Council votes to force the people to take the obvious issue all the way through a trial. They cling to the outside hope a judge will goof up and rule in their favor. The Council is just like that petulant bully in elementary school that, when confronted about complying with a playground rule, crosses his arms and declares: "Make me."
Well, the LA Superior Court rules this playground and the City Council bullies have just been SLAPPED again.
It seems the only lawsuits the city fears are those threatened by big corporations and developers. It's great to see the courts work for the people of Los Angeles. Thank you, Judge Yaffe! The judge has helped remind city hall that 'transparency' is suppose to be more than a political soundbite.