Records of West Los Angeles VA Soldiers Home Land Use According With Prevailing Authorities At Law (2014 - 2021)

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

On October 18th of 2021, The Public was first-provided for review, by Federal Register Document Number 2021-22642 - a "Community Plan" (and separate, Master Plan); to privately redevelop 80-acres of the West Los Angeles VA Soldiers Home, purportedly via the Enhanced Use Lease Authority, in Our Nation's Capital of Veteran homelessness that is formally known as Los Angeles County, California.

The Community Plan was drafted by a consortium of private developers describing themselves as the West Los Angeles Veterans Collective; in consultation with the University of California, Brentwood School, Concourse Federal, Booz Allen Hamilton and other third-parties - by non-transparent means and procedures in isolation from the Principal and Exclusive Stakeholders of the WLA VA Soldiers Home, i.e.: National Veterans Community, Local Veterans Community, disabled Veterans and homeless Veterans.

The West Los Angeles Veterans Collective comprises Thomas Safran & Associates, Housing Corporation of America, Century Housing Corporation and U.S. Vets. The foregoing entities, along with Ms. Vivian Ming Lum, Shangri-La, Figueroa Economical Development Corporation and Step-Up On Second; are purported Awardees, via their subsidiary CA LLC Entities, of Enhanced Use Lease Agreements to redevelop the WLA VA Soldiers Home; since presumably Entered Into By The Secretary of The U.S. Department of Veterans Affairs as Mandated Under Prevailing Authorities at Public Law that do not provide for Delegation of such Authority.

Brentwood School and University of California are non-compliant land users at the WLA VA Soldiers Home, as Found by the Office of the Inspector General of the U.S. Department of Veterans Affairs and / or Ninth Circuit Federal Court; and regularly lobby Congressional Veterans Affairs Members to evade legal consequences thereby. Ms. Lum and Figueroa are Defendants at Trail for Deceit, Fraud, Quiet Title and other Violations regarding affordable housing development projects the City of Los Angeles is suing them for. Century Housing Corporation deceived Taxpayers and families displaced by the Century Freeway expansion, by earnestly working to evade it's housing development mandates under a related Consent Decree; and by leasing out most of a Naval Shipyard the Federal Government provided it, to private businesses unrelated to a small housing development enclosed within it.

The "Community Plan" literally and / or essentially declares it is designed to be vague, conceptual, flexible and amendable; in anticipation of legislative reforms conspired by its Drafters... Hence the brochure / plan's missing chapter entitled "To Be Developed - Administration & Implementation".

What the "Community Plan" is not vague about, is it's diligent and intentional effort, to entirely omit stating any and all development proposed therein Shall Principally Benefit Veterans. Contrarily, the "Community Plan" expressly declares its proposed developments will merely honor, memorialize, support, help, focus, prioritize, serve and / or include Veterans along with the community, Public, neighborhoods and / or Greater Los Angeles.

Public Law 114-226, The West Los Angeles Leasing Act (as Amended) is the prevailing authority over land-use Agreements at the WLA VA Soldiers Home. Accordingly thereunder...

The only Enhanced Use Leases and Leases Authorized are those which Principally Benefit Veterans as expressly Defined therein:

(b) LEASES DESCRIBED.—Leases described in this subsection are the following:

(1) Any enhanced-use lease of real property under sub- chapter V of chapter 81 of title 38, United States Code, for purposes of providing supportive housing, as that term is defined in section 8161(3) of such title, that principally benefit veterans and their families.

(2) Any lease of real property for a term not to exceed 50 years to a third party to provide services that principally benefit veterans and their families...

(l) PRINCIPALLY BENEFIT VETERANS AND THEIR FAMILIES DEFINED.—In this section the term ‘‘principally benefit veterans and their families’’, with respect to services provided by a person or entity under a lease of property or land-sharing agreement—

(1) means services—

(A) provided exclusively to veterans and their families; or

(B) that are designed for the particular needs of veterans and their families, as opposed to the general public, and any benefit of those services to the general public is distinct from the intended benefit to veterans and their families; and

(2) excludes services in which the only benefit to veterans and their families is the generation of revenue for the Depart- ment of Veterans Affairs...

... And Furthermore ...

‘‘(D) The Secretary may not waive or postpone the obligation of a lessee to pay any consideration under an enhanced-use lease, including monthly rent.’’.

Given the foregoing Facts, reasonable concerns about the impact that Violating any of them will have upon the lives of disabled and homeless Veterans in Our Nation's Capital of Veteran homelessness and that The Secretary of The U.S. Department of Veterans Affairs Declared on Record, many times, that He Intends to Approve the "Community Plan" by or before January 1st, 2022 - I, a Citizen of the United States and Resident of Los Angeles, California; am Requesting the following Information:

1) Copies of All Records between 2014 - 2021; Establishing every proposed development within the "Community Plan", including but not limited to its: Town Center, libraries, museums, coffe-shops, retail stores, commercial district, movie theaters, ampitheaters, parks, open space, bike trails, utility relocations, housing and connections with the surrounding communities and neighborhoods - Shall Principally Benefit Veterans & Their Families, as expressly Defined and Mandated under Federal Public Law; and

2) Copies of All Enhanced Use Leases and Leases of WLA VA Soldiers Home land (aka WLA VA Greater Los Angeles Healthcare / Medical Center, etc.) Agreed to between 2014 - 2021 containing express, obligated, non-waiveable and non-postponeable Terms; by which Lessees Shall Pay Monthly Rent... Including but not limited to such Agreements for Buildings 205, 207, 208, 209 and All Parking Lots.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Ryan Thompson

Mr. David Wagner of the U.S. Department of Veterans Affairs:

Thank you for your comments to me on 12/15/2021 and 01/20/2022 regarding my FOIA Request of 12/13/2021 Entitled: "Records of West Los Angeles VA Soldiers Home Land Use According With Prevailing Authorities At Law (2014 - 2021)". This is my response to those comments, in support of my continued and urgent interest in receiving an accurate, official Response to that aforementioned FOIA from the U.S. Department of Veterans Affairs.

On 12/15/2021 I received an acknowledgement from You on behalf of the U.S. Department of Veterans Affairs VACO FOIA Office, that the Department received my Request and assigned it a Case / Tracking Number of 22-01831-F.

On 01/20/2022 I received a message from You on behalf of the U.S. Department of Veterans Affairs OAEM FOIA Office, that the U.S. Department of Veterans Affairs received my Request (again), yet reports it has a Case / Tracking Number of 21-09453-F.

The aforementioned responses are the only responses I have Recevied to my Request of 12/13/2021 to the U.S. Department of Veterans Affairs.

Why are two different Case / Tracking Numbers assigned to the same FOIA?

Why are You the Responsive Officer for both the VACO and OAEM FOIA Offices of the U.S. Department of Veterans Affairs? Is it common for Officers to hold several titles in several Offices of the Department?

In Your comment to me on 01/20/2022, You stated "As to both requests, I believe my response to Case 21-09453-F should be responsive to both". Although your personal beliefs about the content of any Response to me on this FOIA may be interesting, I am only concerned with the Response I am Entitled to At Law. In this matter that is the Response of the U.S. Department of Veterans Affairs. Considering the foregoing, Your stated beleif about this FOIA is not a lawful satisfaction of my Request.

In Your comment to me on 01/20/2022, You stated, "The FOIA Reading Room contains a number of documents that are responsive." Notice the FOIA Reading Room contains no documents whatsoever that can Respond to Part "1)" of my Request - because no document in that Reading Room details any proposed development mentioned in the "Community Plan" Noticed in the Federal Register via Document Number 2021-22642... Nor do any such documents You referred me to establish any substantial statements and / or declarations that the proposed developments will Principally Benefit Veterans as Mandated under Public Law.

To be abundantly clear on this point, Notice that not one single development proposed in the "Community Plan" intending to privately redevelop the remaining 400-acres or more, of the West Los Angeles VA Soldiers Home, that is located in our Nation's Capital of Veteran homelessness - is ever supported by even the slightest due diligence, let alone Administrative Procedures at Law; to establish that a "Town Center", "Library", "Museum", "Park", "Coffee-Shop", "Bike Trail", "Open Space", "Utility Relocation", "Connections with the surrounding communities and neigborhoods", privately remodled housing projects that won't be competed until 2030's, etc. Shall "PRINCIPALLY BENEFIT VETERANS" - AS THAT TERM IS DEFINED BY PREVAILING AUTHORITIES OVER WLA VA SOLDIERS HOME LAND USE AT PUBLIC LAW.

Notice that as of today, 01/23/2022, The United States Government has Never Published for Public review; any copy of any Lease Agreement, including Enhanced Use Lease Agreement, related to the private development and / or control of Public Federal Land to Principally Serve Veterans at the West Los Angeles VA Soldiers Home via housing; wherein such Agreement(s) expressly Obligate Lessee(s), without waiver and without postponement, to Pay monthly Rents to the U.S. Department of Veterans Affairs; AS MANDATED AT PUBLIC LAW. Therefore in Fact, if the U.S. Department of Veterans Affairs cannot Respond to this FOIA with such Documents, then any Lease / Enhanced Use Lease for private developers to remodel and control Buildings, including but not limited to Buildings 205, 207, 208 & 209; and including those purported agreements for said Buildings which have been released for Public Review - are Illegal and Void Under Federal Law. Prior to any U.S. Federal Court affirming the obvious if necessary; Until and unless the U.S. Department of Veterans Affairs delivers for Public review - compliant agreements for those proposed, private developments that already are illegally underway; there's abundant, apparent Cause for the U.S. Department of Veterans Affairs, to promptly recognize the aforementioned private development schemes are Void and without Cause to engage.

An additional Fact worth reminding the Department of while promptly processing this Request, is the West Los Angeles Leasing Act Public Law, as Amended - expressly prohibits the Secretary of the VA, who is the Sole Person Authorized to Enter Into any Enhanced Use Lease and Lease Agreement regarding the West Los Angeles VA Soldiers Home; from Entering into any such Agreement(s) since September 28th, 2018. That is because, on that Date the U.S. Department of Veterans Affairs Inspector General found an abundance of mismanaged and non-compliant land-use at the West Los Angeles VA Soldiers Home; and not only do at least two of the Inspector General's Reccomendations thereabout remain Open, that Inspector General Again Found mismanagement and non-compliant land use at that Soldiers Home earlier this year - by which an additional two Reccomendations are also Open.

In Your comment to me on 01/20/2022, You stated "If those documents do not satisfy your request, I would ask that you please narrow the scope of your request and ask for the specific documents requested. I am a one-person FOIA team here, and it could quite literally take me years to process "all records." Notice that despite the Department's purported, apparent failure to reasonably staff its FOIA Office(s) and my sincere empathy for your predicament, it is readily evident that your personal belief of how long it may take to respond isn't substantiated, evident nor warranted.

At this point in time, it's evident that not one single document nor agreement Requested exists; by which it does not require much work for The U.S. Department of Veterans Affairs to confirm, if so be it, that there are No Responsive Documents to my Request. Contrarily, if any of the Requested Agreements and / or Documents do exist, it is reasonably demonstrable that even one FOIA Officer, presuming that Officer is working with ethical and competent colleagues in the Department's Office of General Counsel; and that such Counsel follows Public Laws and Regulations Governing their retention of data - that said FOIA Officer may simply faciliate this Request for Recent Information pertaining to one facility within the narrow time range specified; that is expected, if not Mandated, to be readily available and on-hand to the Department... Especially when such Information pertains to the largest and most renown facility under the Department's Management / Stewardship. Furthermore, even a quick assessment of WLA VA Soldiers Home land use agreements already inventoried and indexed by the Department's Inspector General, Office of Asset Enterprise Management, General Counsel and / or Health Administration - evince the Requested Documents and / or Agreements probably only pertain to less than twenty Leases, Developments and / or EULs... If even One.

In sincere respect of your position, work and efforts; please understand the diligence and urgency apparent in this official correspondence of Record, must not be confused as any intent to frustrate the FOIA process or suspect you are incapable of lawfully Responding to my Request... Contrarily I Expect and Demand that process and your work to operate as Mandated and have Good Faith it and You will.

I am living in a State where residents comprise the largest share of individual Federal Tax Revenues in the United States of America, one of the Wealthiest Cities in Our Country and a County that is Our Nation's Capital of Veteran homelessness - beside the only Federal land in the United States of America that is Deeded, Mandated, Publicly Funded and Entrusted by Federal Taxpayers to be Permanently Maintained As A Home for Disabled Veterans... Yet a few hundred homeless Veterans reside in that Home today at best, most of them in substandard conditions and many under unlawfully restrained Constitutional Freedoms, by design. Meanwhile, a cartel of private businesses and so-called Public-Private Partnerships are illegally stealing the WLA VA Soldiers Home and Our Public Funds for Personal Gain. Despite the Fact one of those illegal land users and a former WLA VA Soldiers Home Contract Officer were imprisoned in 2019 for Criminal Fraud, Conspiracy, Bribery and other Charges - the Cartel persists at a rapid quip, without the slightest Remorse for the Veteran homelessness, suicide and death it Causes and / or contributes to, here in my County of Los Angeles. Given this tragedy in Fact, I do sincerely beleive Your diligent and accurate work on this Request is of significant benefit to the Civil Rights of U.S. Military Veterans and the General Welfare of all U.S. Citizens.

Thank you. I urgently look forward to your Response, as I'm certain many also do.

Sincerely,

Ryan Thompson
FOIA Requestor