UPDATE: This problem is now solved. Let’s work on fixing things!
Roughly, the process for creating a new BID goes like this: Some property owners hire a consultant who collects petitions in favor of the BID. When petitions adding up to more than 50% of the total assessments in the proposed district are on hand, they’re submitted to the City Clerk, who then takes the matter to City Council.1 One interesting aspect of this is that City-owned parcels in the proposed district are voted in exactly the same way that privately owned parcels are. That the City always votes in favor of BIDs is well-known, although see below for an episode where the City actually opposed a BID proposal.2 In fact, part of the consultant’s job seems to be to gerrymander as much City-owned property into the BID as possible so as to minimize the requisite number of agreeable private owners. The City Clerk, currently Holly Wolcott, is somehow authorized to sign petitions on the City’s behalf for City-owned parcels.
But the petitions must be signed before City Council can pass an ordinance of intention to form the BID. For instance, in the case of the proposed Venice Beach BID, consultant Tara Devine submitted the signed petitions to the Clerk before June 24, 2016. City Council passed the Ordinance of Intention on July 1, 2016. But see these pro-BID petitions for City parcels, signed by Holly Wolcott on June 15, more than a week before Council voted to authorize the BID process. Of course the City always favors BID formation, but where does the Clerk derive the authority to sign these? It can’t be from the Council vote, which happens afterwards. There must be a law or a rule or something authorizing this. I haven’t been able to find it yet, although I’m sure it exists.
Continue reading A Crucial Open Question in Anti-BID Theory: Where Does the City Clerk Get the Authority to Sign Pro-BID Petitions Before the BID is Approved? Arts District BID Episode From 2013 Highlights City’s Hypocrisy On This Issue and Collusion With Carol Schatz