A prominent open-government advocacy organization has joined the Garment & Citizen in seeking a copy of the grant application submitted by the City of Los Angeles as part of a $6.6 million plan to purchase a 0.7-acre parcel of land at 9th and Hill streets and turn it into a park.
Representatives of Californians Aware — a non-profit organization also known as CalAware — took the action following a decision by state officials to deny an earlier request by the Garment & Citizen.
CalAware General Counsel Terry Francke reviewed the initial response sent by state officials after a story on the matter appeared in the Garment & Citizen's issue of April 30. Francke said that the response from the state officials "had no basis in law."
Francke confirmed that CalAware subsequently sent its own request for a copy of the grant application. The organization had not received a response as of press time, according to Francke. He said that CalAware's board of directors will likely review the situation, which raises the possibility of a lawsuit against the state.
Officials of the California Department of Parks cited Section 6255 of the state's Government Code in turning down the Garment & Citizen's request. Section 6255 is titled "Justification for Withholding Records" and states that documents such as the city's grant application will be available to the public "unless otherwise prohibited by law" or in cases where the information is "exempt from disclosure pursuant to this chapter..."
State officials had not responded, as of press time, to the Garment & Citizen's follow-up inquiry seeking an explanation of any specific law or exemption — or any other circumstance — that supports their decision to cite Section 6255 as the basis for denying the request for the information on the park deal at 9th and Hill streets.
CalAware works to "help journalists and others keep Californians aware of what they need to know to hold government and other powerful institutions accountable for their actions," according to the organization's website, serving as "a center for information, guidance and initiatives in public forum law."
Public forum law is a term to describe efforts to protect "people's rights to find out what citizens need to know to be truly self-governing, and to share what they know and believe without fear or loss," according to CalAware.
"Ready access to government meetings and files means little if no one dares report or comment on what they learn," according to CalAware. "And people willing to take a stand and speak out are easily disabled and discredited if the facts and discussions that advance government and other powerful institutions are sealed away from their discovery."
Details of the proposal to purchase the land at 9th and Hills streets — a location currently used as a parking lot — are currently sealed away from the public. State officials have said that some price or estimated price for the land was included in the application for the $5 million grant from the state's Department of Parks to help pay for the project, which has been spearheaded by Los Angeles City Councilmember Jose Huizar, who represents the 14th District.
Yet the refusals by both city and state officials to disclose details that would indicate how much of the $6.6 million would go to purchase the parcel of land at 9th and Hill streets — and how much would be used to pay for amenities such as a performance stage, a play area, "fitness stations" and other features on the site — has raised concerns among some community members. Critics say the lack of specifics leaves them with insufficient information to judge whether the plan is feasible or desirable.
The lack of information and clarity also leaves some observers on alert because the proposal at 9th and Hill streets comes approximately one year after city officials agreed to pay $5.6 million for a similarly sized parcel of land intended to be turned into a park on the 400 block of S. Spring Street. The price tag for the parcel on Spring Street — also a parking lot — included only the cost of the land. City officials eventually cut their offer to $5.1 million after a series of reports in the Garment & Citizen shed light on a number of irregularities and inconsistencies in methods used to determine the land's value.
Meanwhile, the real estate market has yet to see a significant recovery in the Downtown area over the past year. The parcel of land at 9th and Hill streets has recently been listed for sale at $8 million, although it's found no takers after several years on the market. Some real estate industry professionals have said they believe that the parcel could be purchased for significantly less, although it remains a matter of guesswork to determine what sort of savings the city could realize amid the ongoing downturn. Some recent estimates appear to put the value of the parcel at 9th and Hill streets in a range of $3.2 million to $4.8 million. A negotiation based on that range could, in any case, lead to big savings for the cash-strapped city, which is currently considering cuts to parks and recreation programs, among others.
A number of community members who have expressed concerns about the lack of information on the price the city has proposed to pay for the site at 9th and Hill street have requested that their names be withheld from publication over fears of retaliation from City Hall.
The proposal has drawn support from a band of local residents, including a number who own or rent condominiums at the Eastern Columbia Building at 9th Street and Broadway. The site they hope to see purchased as a park is immediately adjacent to the Eastern Columbia.
Concerns about the deal reach beyond the Downtown community, however, because the $5 million the city is seeking for the park deal would come from funds raised under the banner of Proposition 84, which passed in a statewide vote in 2006.
The bonds issued used under Prop 84 will eventually have to be repaid by taxpayers, with interest.
Huizar has said the city also plans to contribute $1.6 million toward the park plan, using developers' fees and other funds (see related story, "Did Move to Deny Us Defy Schwarzenegger?").
Related articles:
• State Denies Request for Information on Downtown Park Proposal
• City, State Won't Say Price of Land for 'Pocket Park' at 9th & Hill
Jerry Sullivan is editor of the L.A. Garment & Citizen.
Photo of Jose Huizar from cd14.lacity.org
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