APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUT
ION:
1. APPROVING THE FISCAL YE AR 2022-23 ANNUAL REPORTS OF
THE LAKESHORE/LAKE PARK BUSINESS IMPROVEMENT
MANAGEMENT DISTRICT OF 2022 (LAKESHORE DISTRICT), THE
JACK LONDON IMPROVEMENT DISTRICT (JACK LONDON
DISTRICT), THE TEMES CAL/TELEGRAPH BUSINESS
IMPROVEMENT DISTRICT 2015 (TEMESCAL DISTRICT), THE
LAUREL BUSINESS IMPROVEM ENT DISTRICT 2016 (LAUREL
DISTRICT), THE KOREATOWN/NORTHGATE COMMUNITY
BENEFIT DISTRICT 2017 (KOR EATOWN DISTRICT), THE
OAKLAND TOURISM BUSINESS IM PROVEMENT DISTRICT 2018
(OAKLAND TOURISM DISTRICT), THE DOWNTOWN OAKLAND
COMMUNITY BENEFIT DISTRICT 2018 (DOWNTOWN OAKLAND
DISTRICT), THE LAKE MERRITT-UPTOWN COMMUNITY
BENEFIT DISTRICT 2018 (LAKE ME RRITT-UPTOWN DISTRICT),
AND THE CHINATOWN COMMUNITY BENEFIT DISTRICT 2021
(CHINATOWN DISTRICT) ADVISORY BOARDS; AND
2. CONFIRMING THE CONTINUI NG ANNUAL ASSESSMENT FOR
EACH SAID DISTRICT AND LEVYING SAID ASSESSMENTS, WITH
THE EXCEPTION OF THE JACK LONDON DISTRICT THAT IS
EXPIRING, FOR FISCAL YEAR 2023-24;
3. INCREASING THE LAUREL DIST RICT, LAKESHORE DISTRICT,
CHINATOWN DISTRICT, DOWN TOWN OAKLAND DISTRICT,
AND LAKE MERRITT-UPTOWN DISTRICT BY FIVE (5) PERCENT
AND THE TEMESCAL DISTRICT BY FOUR (4) PERCENT FOR THE
2023-2024 ASSESSMENT;
4. AUTHORIZING PAYMENT OF THE CITY’S CUMULATIVE FISCAL
YEAR 2023-24 FAIR SHARE ASSESSMENT IN AN APPROXIMATE
AMOUNT OF FOUR HUNDRED FOUR THOUSAND NINE
HUNDRED FORTY DO LLARS AND TEN CE NTS ($404,940.10) FOR
CITY-OWNED PROPERTIES IN THE TEMESCAL DISTRICT, THE
KOREATOWN DISTRICT, THE DOWNTOWN OAKLAND
DISTRICT, THE LAKE MERRITT- UPTOWN DISTRICT, AND THE
CHINATOWN DISTRICT; AND
2 5. RENEWING THE AGREEMENTS WITH THE DISTRICTS FOR
ADMINISTRATION AND DISBURSEMENT OF FUNDS
WHEREAS, Section 4.48 of the City of Oakl and (City) Oakland Municipal Code (OMC), the City’s Business Improvement Management District Ordinance, allows for the formation of business improvement management districts; and
WHEREAS, pursuant to OMC Section 4.48, affected property owners petitioned to form the Lakeshore/Lake Park Business Improvement Management District of 2022 (Lakeshore BID), the Jack London Improvement District (Jack London BID), the Temescal/Telegraph Business Improvement District 2015 (Tem escal BID), the Laurel Busine ss Improvement District 2015 (Laurel BID), the Koreatown/Northgate Commun ity Benefit District 2017 (Koreatown CBD), the Oakland Tourism Business Improvement District 2018 (Oakland Tourism BID), the Downtown Oakland Community Benefit Distri ct 2018 (Downtown Oakland CBD), the Lake Merritt-Uptown Community Benefit District 2018 (Lake Merritt CBD), and the Chinatown Community Benefit District 2021 (C hinatown CBD) Advisory Boards , together, the “Districts,” and to undertake the Management Plans for the Dist ricts (Plans) which are on file with the City Clerk; and
WHEREAS, the Plans provide for enhanced services such as new security, crime prevention, beautification, park ing resolution, sidewa lk sweeping, econom ic development, lighting, and marketing activities wi th the intent of creating a posit ive atmosphere in the District areas (as more specifically identified in their respective Plans); and
WHEREAS, the Plans were prepared in accordance with OMC Chapter 4.48, and have been filed with the City; and
WHEREAS, pursuant to the requirements of the law the Districts were established as follows:
the Lakeshore BID on July 5, 2022 pursuant to Resolution No. 89284 C.M.S.; the Jack London BID on July 16, 2013, pursuant to Resolution No. 84534 C.M.S.; the Temescal BID on July 29, 2014, pursuant to Resolution No. 85148 C.M.S.; the Laurel BID, July 7, 2015, pursuant to Resolution No. 85682 C.M.S.; the Koreatown CBD, July 18, 2017, pursuant to Resolution No. 86864 C.M.S.; the Oakland Tourism BID, June 19, 2018, pursuant to Resolution No. 87242 C.M.S.; the Downtown Oakland CBD, July 24, 2018, pursuant to Resolution No. 87323 C.M.S.; the Lake Merritt CBD, July 24, 2018, pursuant to Resolution No. 87324 C.M.S.; the Chinatown CBD, July 26, 2021, pursuant to Resolution No. 88781 C.M.S.; and
WHEREAS, the Fiscal Year (FY) 2022-23 Annual Re ports (attached in Exhibit A to the Staff Report) have been prepar ed by the Lakeshore BID, Jack London BID, Temescal BID, Laurel BID, Koreatown CBD, Oakland Tourism BID, Chinatown CBD, Downtown Oakland CBD, and Lake Merritt CBD Advisory Boards and filed with the City Clerk; and
WHEREAS, the FY 2022-23 Annual Report for the Laurel BID includes a determination and recommendation by the District Advisory Bo ard for a 5% increase in the amount of the annual assessment beginning in fiscal year 2023-24 for the Laurel BID, which is within the 3 maximum annual assessment increase set fort h in the approved plan and the resolution establishing the BID; and
WHEREAS, the FY 2022-23 Annual Report for the Lakeshore BID includes a determination and recommendation by the District Advisory Board for a 5% increase in the amount of the annual assessment beginning in fis cal year 2023-24 for the Lakeshore BID, which is within the maximum annual assessment incr ease set forth in the approved plan and the resolution establishing the BID; and
WHEREAS, the FY 2022-23 Annual Report for the Temescal BID includes a determination and recommendation by the District Advisory Board for a 4% increase in the amount of the annual assessment be ginning in fiscal year 2023-24 for the Temescal BID, which is within the maximum annual assessment incr ease set forth in the approved plan and the resolution establishing the BID; and
WHEREAS, the FY 2022-23 Annual Report fo r the Chinatown CBD includes a determination and recommendation by the District Advisory Board for a 5% increase in the amount of the annual assessmen t beginning in fiscal year 2023-24 for the Chinatown CBD, which is within the maximum annual assessment in crease set forth in th e approved plan and the resolution establishing the BID; and
WHEREAS, the FY 2022-23 Annual Report for the Downtown Oakland CBD includes a determination and recommendation by the District Advisory Board for a 5% increase in the amount of the annual assessment beginning in fi scal year 2023-24 for the Downtown Oakland CBD, which is within the max imum annual assessment increase se t forth in the approved plan and the resolution establishing the BID; and
WHEREAS, the FY 2022-23 Annual Report for the Lake Merritt CBD includes a determination and recommendation by the District Advisory Board for a 5% increase in the amount of the annual assessment beginning in fiscal year 2023- 24 for the Lake Merritt CBD, which is within the maximum annual assessment in crease set forth in th e approved plan and the resolution establishing the BID; and
WHEREAS, the City owes a cumulative fiscal year 2023-24 fair share assessment of $404,940.10 for the City-owned properties shown in Table 1 below:
Table 1: List of City properties subject to FY 2023-24 BID Assessment Levies
District APN Legal
Owner
Site Description Annual
Assessment
Chinatown 1-177-1 City 163 9th S t $ 8,199.49
Chinatown 1-179-1-1 City 822 Alice S t $ 1,123.42
Chinatown 1-179-1-2 City Alice St $ 346.42
Chinatown 1-183-1 City 640 Harrison S t $ 14,205.24
Chinatown 2-71-1 City 250 10th S t $ 14,756.54
Chinatown 2-89-1 City 125 14th S t $ 13,088.78
Chinatown 2-91-1 City Oak S t $ 7,171.13
4 District APN Legal
Owner
Site Description Annual
Assessment
Chinatown 2-100-11 City 1220 Harrison S t $ 4,243.16 Chinatown 18-450-4 City 1000 Oak S t $ 45,386.25
Downtown
Oakland
2-97-45 City 1327 Broadway $ 4,687.05
Downtown
Oakland
3-65-9-2 City 250 Frank H. Ogawa Plz $ 29,490.09
Downtown
Oakland
3-67-2 City City Hall Plz $ 12,470.70
Downtown
Oakland
3-67-3 City 1 Frank H Ogawa Plz $ 20,744.47
Downtown
Oakland
3-67-4 City 1414 Clay (Garage) $ 12,466.92
Downtown
Oakland
8-619-8-1 City 150 Frank H Ogawa Plz $ 28,739.84
Downtown
Oakland
8-620-9-3 City 524 16 th St $ 2,270.28
Downtown
Oakland
8-641-8-5 City 540 17 th St (Oakland Ice Center) $ 29,483.09 Downtown
Oakland
1-199-1 City 620 Washington (Police Admin Bldg) $ 34,985.86 Downtown
Oakland
2-98-1 City Clay St (Scotlan Convention Ctr) $ 34,860.16 Koreatown 8-648-16-3 City 2100 Telegraph $ 4,310.20 Koreatown 9-684-5-1 City 404 26 th Street $ 750.15 Koreatown 8-659-25 City 641 W. Grand Ave $ 490.18 Lake Merritt 8-623-6-1 City 1731 Franklin (Frank lin St Garage) $ 20,922.84 Lake Merritt 8-635-1 City 274 19 th St (Snow Park) $ 23,607.16 Lake Merritt 8-649-5 City 2025 Broadway (Paramount Theater) $ 9,478.72 Lake Merritt 8-655-6 City Grand Ave (foot of Valdez) $ 2,094.01 Lake Merritt 10-768-4 City 200 Grand Ave (Veterans Memorial Bldg)
$ 11,717.52
Lake Merritt 8-673-1 City 2500 Broadway (Plaza) $ 1,402.53 Lake Merritt 8-716-58 City 1911 Telegraph (Vacant) $ 9,258.87 Temescal 14-1219-3 City 5205 Telegraph Ave $ 2,189.03 CITY TOTAL $ 404,940.10
; and
WHEREAS, it is possible that additional properties will be transferred to City ownership during fiscal year 2023-24, thus increasing the City’s fair share assessments; and
WHEREAS, funds to pay the assessments owed by the City will be budgeted as follows:
For assessor parcel numbers 1-177-1, 1-179- 1-1, 1-179-1-2, 1-183-1, 2-71-1, 2-89-1, 2- 91-1, 2-100-11, 18-450-4, 3-65-9-2, 3-67-2, 3-67- 3, 3-67-4, 8-619-8-1, 1-199-1, 2-98-1, 8-648- 5 16-3, 9-684-5-1, 8-659-25, 8-623-6-1, 8-635-1, 8-649-5, 8-655-6, 10-768-4, 8-673-1, and 14- 1219-3, funds will be budgeted in General Pu rpose Fund (1010)/Economic Development Organization (85411)/Taxes and Assessments Acc ount (53511)/Business Im provement District Project (1000147)/Citywide Activities Program (IP50).
For assessor parcel numbers 2-97-45, 8-620-9-3, and 8-716-58, funds will be budgeted in Central District Projects Fund (5610)/Centr al District Redeve lopment Organization (85245)/Taxes and Assessments Account (53511)/Downtown Capital Project (1000169)/Downtown Program (SC13).
For assessor parcel number 8-641-8-5, funds will be budgeted in Central District Projects Fund (5610)/Central District Redevelopment Organization ( 85245)/Taxes and Assessments Account (53511)/Oakland Ice Center Project (1003244)/Downtown Program (SC13); and
WHEREAS, until disbursed, BID and CBD assessments will be held in a special trust fund established by the Finance Department on beha lf of the Districts in Miscellaneous Trusts Fund (7999)/Treasury Operations Organizati on (08721)/Pass Thru A ssessments Account (24224)/DP080 Administrative Project (1000007), as well as Economic Development Organization (85411)/DP850 Administrative Project (1000019); now, therefore, be it
RESOLVED: That the City Council do es hereby find that the Advisory Boards for the Lakeshore BID, the Jack London BID, the Temes cal BID, the Laurel BID, the Koreatown CBD, the Oakland Tourism BID, the Chinatown CBD, the Downtown Oakland CBD, and the Lake Merritt CBD were duly appointed by Resolutions of the City Council and have filed their Annual Reports for the 2022-23 fiscal year as required by law; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2022-23 Annual Report as filed by the Jack London BID Advisory Board; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2022-23 Annual Report as filed by the Lakeshore BID A dvisory Board and confirms the continuing annual assessments for the Lakeshore BID for the 2023-24 fiscal year, including a 5% increase in the amount of annual assessments, and the C ity Council does hereby levy and direct the collection of the assessments fo r the 2023-24 fiscal year in accordance with the assessment formula as provided for in the Annual Report and the Plan on file with the City Clerk; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2022-23 Annual Report as filed by the Chinatown CBD A dvisory Board and confirms the continuing annual assessments for the Chinatown CBD for the 2023-24 fiscal year, including a 5% increase in the amount of annual assessments, and the City Council does hereby levy and direct the collection of the assessments fo r the 2023-24 fiscal year in accordance with the assessment formula as provided for in the Annual Report and the Plan on file with the City Clerk; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2022-23 Annual Report as filed by the Temescal BID Advisory Board and confirms the continuing annual assessments for the Temescal BI D for the 2023-24 fiscal year, in cluding a 4% increase in the amount of annual assessments, and the City Council does hereby levy and direct the collection of 6 the assessments for the 2023-24 fiscal year in accordance with the assessment formula as provided for in the Annual Report and the Plan on file with the City Clerk; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2022-23 Annual Report as filed by the Koreatown CBD A dvisory Board and confirms the continuing annual assessments for the Koreatown CBD for the 2023-24 fiscal year, and the City Council does hereby levy and direct th e collection of the assessments for the 2023-24 fiscal year in accordance with the assessment formula as provid ed for in the Annual Report and the Plan on file with the City Clerk; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2022-23 Annual Report as filed by the Laurel BID Adviso ry Board and confirms the continuing annual assessments for the Laurel BID for the 2023-24 fi scal year, including a 5% increase in the amount of annual assessments, and the City Council does hereby levy and direct the collection of the assessments for the 2023-24 fiscal year in accordance with the assessment formula as provided for in the Annual Report and the Plan on file with the City Clerk; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2022-23 Annual Report as filed by the Oakland Touris m BID Advisory Board and confirms the continuing annual assessments for the Oakland Tourism BID for the 2023-24 fiscal year, and the City Council does hereby levy and direct the coll ection of the assessments for the 2023-24 fiscal year in accordance with the assessment formul a as provided for in the Annual Report and the Plan on file with the City Clerk; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2022-23 Annual Report as filed by the Downtown Oakl and CBD Advisory Boar d and confirms the continuing annual assessments for the Downtown Oakland CBD for the 2023-24 fiscal year, including a 5% increase in the amount of annual assessments, and the City Council does hereby levy and direct the collection of the assessments for the 2023-24 fisc al year in accordance with the assessment formula as provide d for in the Annual Report and th e Plan on file with the City Clerk; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2022-23 Annual Report as filed by the La ke Merritt CBD Advisory Boar d and confirms the continuing annual assessments for the Lake Merritt CB D for the 2023-24 fiscal year, including a 5% increase in the amount of annual assessments, and the City Council does hereby levy and direct the collection of the assessments for the 2023-24 fiscal year in accordance with the assessment formula as provided for in the Annual Report and the Plan on file with the City Clerk; and be it
FURTHER RESOLVED: That the proposed method and basis of levying the assessments to be levied against each property in the Districts have not been changed or modified and are those specified in the Annual Reports and the Plan s on file with the City Clerk which were previously adopted after holding the required public meetings and public hearings and protest procedures as provided for by law; and be it
FURTHER RESOLVED: That the assessments shall be attached to the property and collected with the annual county pr operty taxes, and in certain cas es, as specified in the Plans, through a special municipal billing; and be it
7 FURTHER RESOLVED: That the boundaries of the Distri cts shall remain the same as specified in the Plans on file with the City Clerk and there ar e no changes to the boundaries or benefit zones; and be it
FURTHER RESOLVED: That the types of the improvements and activities proposed to be funded by the levy of assessm ents on property in the BIDs ar e those described in the Plans and the Annual Reports on file with the City Cl erk, and there are no substantial changes in the improvements or activities for the Districts; and be it
FURTHER RESOLVED: That the 2023-24 fiscal year a ssessments for the Districts are as follows (including the City’s fair share assessment amounts):
Approximately $228,059 for the Lakeshore BID, and
Approximately $761,792 for the Temescal BID, and
Approximately $229,524 for the Laurel BID, and
Approximately $668,768 for the Koreatown CBD, and
Approximately $1,209,840 for the Oakland Tourism BID, and Approximately $2,457,774 for the Downtown Oakland CBD, and Approximately $2,003,192 for the Lake Merritt-Uptown CBD, Approximately $1,375,329 for the Chinatown CBD; and be it
FURTHER RESOLVED: That the amount chargeable to each parcel in each District shall be as determined by the Plans and Annual Repor ts on file in the Office of the City Clerk; and be it
FURTHER RESOLVED: That the City Administrator is authorized to and shall pay a cumulative fiscal year 2023-24 fa ir share assessment of an a ggregate approximate amount of $404,940.10 for City-owned property as more specifica lly described in the recitals above from the General Purpose Fund (1010)/Economic De velopment Organization (85411)/Taxes and Assessments Account (53511)/Business Improv ement District Project (1000147)/Citywide Activities Program (IP50) and the Central Distri ct Projects Fund (5610)/Central District Redevelopment Organization (85245)/Taxes and Assessments Acc ount (53511)/Downtown Capital Project (1000169)/Downtown Program (SC 13) and the Central District Projects Fund (5610)/Central District Redeve lopment Organization (85245)/Tax es and Assessments Account (53511)/Oakland Ice Center Project (1003244)/Downtown Program (SC13); and be it
FURTHER RESOLVED: That the City Administrator is authorized to pay the fair share assessments from the funds listed above for any additional properties located in any of the Districts that are transferred to City ownership during fiscal year 2023-24; and be it
8 FURTHER RESOLVED: That the agreements between the City and the Districts for administration of the Districts and disbursement of funds are hereby renewed, and the City Administrator is hereby authorized to make am endments if necessary pursuant to the City’s Business Improvement Management District Ordinance (Chapter 4.48, Ordinance 12190 C.M.S., 1999), as amended.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3285368v1 / SW