There’s an unresolved problem in the application of the California Public Records Act to business improvement districts. The thing is that the Property Owners’ Associations which administer the BIDs are, in part, subject to CPRA because §36612 of the Property and Business Improvement District Law of 1994 makes them so, stating that:
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. … an owners’ association shall comply with the California Public Records Act … for all records relating to activities of the district.
The problem is that the Owners’ Association doesn’t seem to be required to comply with CPRA until it actually is under contract with the City. This, if accurate, means that the activities of the POA before the BID is approved are largely opaque to scrutiny. And this has been a severe problem in the case of the Venice Beach BID, where a number of people, not just me, have had the experience of CD11 staff,1 City Clerk staff, and even freaking Holly Wolcott herself, falsely denying that the City is involved in the BID formation process at all and telling members of the public that they should therefore seek information from shadowy BID consultant Tara Devine. Tara Devine, of course, ignores all requests for information from anyone who seems to be even a little skeptical about the benefits of BIDs.
None of this is the final word on the matter. The only reason that the legislature even made BIDs subject to CPRA is that Aaron Epstein, a brave and determined property owner, sued the living shit out of the Hollywood Property Owners Alliance2 in the 1990s and the Courts determined, in a stunningly righteous decision, that BIDs were subject to both CPRA and the Brown Act. It’s quite possible, perhaps even probable, that if the courts were asked whether or not POAs were subject to CPRA before the contract was signed, they would find that they were. However, that’s not a struggle in which I presently have the resources to engage, so alternative methods of information collection are required.
Fortunately,3 Tara Devine is not a one-BID woman. See, in 2015 the South Park BID was up for renewal.4 The process of BID renewal is essentially the same as the process for BID establishment, with the huge difference that it’s carried out by a POA that’s already under contract with the City, and is thus subject to CPRA. And thus was it possible to gather surprisingly much information about how Tara Devine conducts her dangerous business!5
Continue reading Shadowy BID Consultant Tara Devine Seems To Get Paid About $80,000 For Establishing A BID, Which I Managed To Discover Despite The Fact That She’s So Darned Secretive