2646873v8 / SW
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION:
1. APPROVING THE FISCAL YEAR 2023 -24 ANNUAL REPORTS OF
THE LAKESHORE/LAKE PARK BUSINESS IMPROVEMENT
MANAGEMENT DISTRICT OF 2022 (LAKESHORE DISTRICT), THE
JACK LONDON IMPROVEMENT DISTRICT (JACK LONDON
DISTRICT), THE TEMESCAL/TELEGRAPH BUSINESS
IMPROVEMENT DISTRICT 2015 (TEMESCAL DISTRICT), THE
LAUREL BUSINESS IMPROVEMENT DISTRICT 2016 (LAUREL
DISTRICT), THE KOREATOWN/NORTHGATE COMMUNITY
BENEFIT DISTRICT 2017 (KOREATOWN DISTRICT), THE
OAKLAND TOURISM BUSINESS IMPROVEMENT DISTRICT 2018
(OAKLAND TOURISM DISTRICT), THE DOWNTOWN OAKLAND
COMMUNITY BENEFIT DISTRICT 2018 (DOWNTOWN OAKLAND
DISTRICT), THE LAKE MERRITT- UPTOWN COMMUNITY
BENEFIT DISTRICT 2018 (LAKE MERRITT- UPTOWN DISTRICT),
AND THE CHINATOWN COMMUNITY BENEFIT DISTRICT 2021
(CHINATOWN DISTRICT) ADVISORY BOARDS; AND
2. CONFIRMING THE CONTINUING ANNUAL ASSESSMENT FOR
EACH SAID DISTRICT AND LEVYING SAID ASSESSMENTS, WITH
THE EXCEPTION OF THE TEMESCAL DISTRICT AND OAKLAND
TOURISM DISTRICT THAT ARE EXPIRING, FOR FISCAL YEAR
2024-25;
3. INCREASING THE JACK LONDON DISTRICT, KOREATOWN
DISTRICT, LAKESHORE DISTRICT, CHINATOWN DISTRICT,
DOWNTOWN OAKLAND DISTRICT, AND LAKE MERRITT -
UPTOWN DISTRICT BY FIVE (5) PERCENT FOR THE 2024- 2025 ASSESSMENT; AND
4. AUTHORIZING PAYMENT OF THE CITY OF OAKLAND
CUMULATIVE FISCAL YEAR 2024- 25 FAIR SHARE ASSESSMENT
IN AN APPROXIMATE AMOUNT OF FOUR HUNDRED FIFTY-TWO
THOUSAND FOUR HUNDRED FIFTY- FIVE DOLLARS AND FOUR
CENTS ($452,455.04) FOR CITY OF OAKLAND -OWNED
PROPERTIES IN THE JACK LONDON DISTRICT, THE
KOREATOWN DISTRICT, THE DOWNTOWN OAKLAND
Selia Warren (Jul 1, 2024 20:52 PDT)
Selia Warren
2 DISTRICT, THE LAKE MERRITT- UPTOWN DISTRICT, AND THE
CHINATOWN DISTRICT; AND
5. RENEWING THE AGREEMENTS WITH THE DISTRICTS FOR
ADMINISTRATION AND DISBURSEMENT OF FUNDS
WHEREAS, Section 4.48 of the City of Oakland (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 District), the Jack London Improvement District (Jack London District), the Temescal/Telegraph Business Improvement District 2015 (Temescal District), the Laurel Business Improvement District 2015 (Laurel District), the Koreatown/Northgate Community Benefit District 2017 (Koreatown District), the Oakland Tourism Business Improvement District 2018 (Oakland Tourism District), the Downtown Oakland Community Benefit District 2018 (Downtown Oakland District), the Lake Merritt -Uptown Community Benefit District 2018 (Lake Merritt District), and the Chinatown Community Benefit District 2021 (Chinatown District) Advisory Boards, together, the “Districts,” and to undertake the Management Plans for the Districts (Plans) which are on file with the City Clerk; and
WHEREAS, the Plans pr ovide for enhanced services such as new security, crime prevention, beautification, parking resolution, sidewalk sweeping, economic development, lighting, and marketing activities with the intent of creating a positive 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, the Districts were established as follows:
• the Lakeshore District on July 5, 2022 pursuant to Resolution No. 89284 C.M.S.; • the Jack London District on July 18, 2023, pursuant to Resolution No. 89859 C.M.S.; • the Temescal District on July 29, 2014, pursuant to Resolution No. 85148 C.M.S.; • the Laurel District, July 7, 2015, pursuant to Resolution No. 85682 C.M.S.; • the Koreatown District, July 18, 2017, pursuant to Resolution No. 86864 C.M.S.; • the Oakland Tourism District, June 19, 2018, pursuant to Resolution No. 87242 C.M.S.; • the Downtown Oakland District, July 24, 2018, pursuant to Resolution No. 87323 C.M.S.;
• the Lake Merritt District, July 24, 2018, pursuant to Resolution No. 87324 C.M.S.; • the Chinatown District, July 26, 2021, pursuant to Resolution No. 88781 C.M.S.; and
WHEREAS, the Fiscal Year ( FY) 2023-24 Annual Reports (attached here in as Exhibit A) have been prepared by the Lakeshore District, Jack London District, Temescal District, Laurel District, Koreatown District, Oakland Tourism Dis trict, Chinatown District, Downtown Oakland District, and Lake Merritt District Advisory Boards and filed with the City Clerk; and
WHEREAS, the FY 2023- 24 Annual Report for the Jack London District includes a determination and recommendation by the District Advisory Board for a 5% increase in the 3 amount of the annual assessment beginning in FY 2024-25 for the Jack London District, which is within the maximum annual assessment increase set forth in the approved plan and the resolution establishing the District; and
WHEREAS, the FY 2023- 24 Annual Report for the Koreatown District includes a determination and recommendation by the District Advisory Board for a 5% increase in the amount of the annual ass essment beginning in FY 2024-25 for the Koreatown District, which is within the maximum annual assessment increase set forth in the approved plan and the resolution establishing the District; and
WHEREAS, the FY 2023- 24 Annual Report for the Lakeshore District includes a determination and recommendation by the District Advisory Board for a 5% increase in the amount of the annual assessment beginning in FY 2024-25 for the Lakeshore District, which is within the maximum annual assessment increase set forth in the approved plan and the resolution establishing the District; and
WHEREAS, the FY 2023- 24 Annual Report for the Chinatown District includes a determination and recommendation by the District Advisory Board for a 5% i ncrease in the amount of the annual assessment beginning in FY 2024-25 for the Chinatown District, which is within the maximum annual assessment increase set forth in the approved plan and the resolution establishing the District; and
WHEREAS, the FY 2023- 24 Annual Report for the Downtown Oakland District includes a determination and recommendation by the District Advisory Board for a 5% increase in the amount of the annual assessment beginning in FY 2024-25 for the Downtown Oakland District, which is within the maximum annual assessment increase set forth in the approved plan and the resolution establishing the District; and
WHEREAS, the FY 2023- 24 Annual Report for the Lake Merritt District includes a determination and recommendation by the District Advisory Board for a 5% increase in the amount of the annual assessment beginning in FY 2024-25 for the Lake Merritt District, which is within the maximum annual assessment increase set forth in the approved plan and the resolution establishing the District; and
WHEREAS, the City owes a cumulative FY 2024-25 fair share assessment of $452,455.04 for the City-owned properties shown in Table 1 below:
Table 1: List of City properties subject to FY 2024-25 BID Assessment Levies
District APN Legal
Owner
Site Description Annual
Assessment
Chinatown 1-177-1 City 163 9th St $9,039.93
Chinatown 1-179-1-1 City 822 Alice St $1,238.57
Chinatown 1-179-1-2 City Alice St $381.93
Chinatown 1-183-1 City 640 Harrison St $15,661.28
Chinatown 2-71-1 City 250 10th St $16,269.09
Chinatown 2-89-1 City 125 14th St $13,743.22
4 District APN Legal
Owner
Site Description Annual
Assessment
Chinatown 2-91-1 City Oak St $7,529.69
Chinatown 2-100-11 City 1220 Harrison St $4,455.32
Chinatown 18-450-4 City 1000 Oak St $47,655.56
Downtown
Oakland
2-97-45 City 1327 Broadway $4,921.40
Downtown
Oakland
3-65-9-2 City 250 Frank H. Ogawa Plz $30,964.59
Downtown
Oakland
3-67-2 City City Hall Plz $13,094.24
Downtown
Oakland
3-67-3 City 1 Frank H Ogawa Plz $21,781.69
Downtown
Oakland
3-67-4 City 1414 Clay (Garage) $13,090.27
Downtown
Oakland
8-619-8-1 City 150 Frank H Ogawa Plz $30,176.83
Downtown
Oakland
8-620-9-3 City 524 16th St $2,383.79
Downtown
Oakland
8-641-8-5 City 540 17th St (Oakland Ice Center) $30,957.24 Downtown
Oakland
1-199-1 City 620 Washington (Police Admin
Bldg) $36,735.15
Downtown
Oakland
2-98-1 City Clay St (Scotlan Convention Ctr) $36,603.17 Koreatown 8-648-16-3 City 2100 Telegraph $4,525.71
Koreatown 9-684-5-1 City 404 26th Street $787.66
Koreatown 8-659-25 City 641 W. Grand Ave $514.69
Lake Merritt 8-623-6-1 City 1731 Franklin (Franklin St Garage) $21,968.98 Lake Merritt 8-635-1 City 274 19th St (Snow Park) $24,787.52 Lake Merritt 8-649-5 City 2025 Broadway (Paramount
Theater) $9,952.66
Lake Merritt 8-655-6 City Grand Ave (foot of Valdez) $2,198.71 Lake Merritt 10-768-4 City 200 Grand Ave (Veterans
Memorial Bldg) $12,303.40
Lake Merritt 8-673-1 City 2500 Broadway (Plaza) $1,472.66 Lake Merritt 8-716-58 City 1911 Telegraph (Vacant) $9,721.81 Lake Merritt 8-642-16 City 1807 Telegraph (Fox Theater) $27,411.13 Jack London 18-425-4-1 City Embarcadero $ 127.16
CITY TOTAL
$452,455.04
; and
5 WHEREAS, it is possible that additional properties will be transferred to City ownership during FY 2024-25, 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, 8-648-16-3, 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 18-425-4-1, funds will be budgeted in General Purpose Fund (1010)/Economic Development Organization (85411)/Taxes and Assessments Account (53511)/Business Improvement 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)/Central District Redevelopment 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
For assessor parcel number 8 -642-16, funds will be budgeted in Central District TA Bonds Series 2006T Fund (5614)/Central District Redevelopment Organization (85245)/Taxes and Assessments Account (53511)/ Fox Theater Operating Project (1005785)/Downtown Program (SC13); and
WHEREAS, until disbursed, the Districts’ assessments will be held in a special trust fund established by the Finance Department on behalf of the Districts in Miscellaneous Trusts Fund (7999)/Treasury Operations Organization (08721)/Pass Thru Assessments 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 does hereby find that the Advisory Boards for the Lakeshore District, the Jack London District, the Temescal District, the Laurel District, the Koreatown District, the Oakland Tourism District, the Chinatown District, the Downtown Oakland District, and the Lake Merritt District were duly appointed by Resolutions of the Cit y Council and have filed their Annual Reports for FY 2023-24 as required by law; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2023- 24 Annual Report as filed by the Temescal District Advisory Board; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2023- 24 Annual Report as filed by the Oakland Tourism District Advisory Board; and be it
FURTHER RESOLVED: That the City Council hereby approves the FY 2023- 24 Annual Report as filed by the Lakeshore District Advisory Board and confirms the continuing annual assessments for the Lakeshore District for FY 2024-25, including a 5% increase in the amount of annual assessments, and the City Council does hereby levy and direct the collection of 6 the assessments for FY 2024-25 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 2023- 24 Annual Report as filed by the Chinat own District Advisory Board and confirms the continuing annual assessments for the Chinatown District for FY 2024-25, 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 FY 2024-25 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 2023- 24 Annual Report as filed by the Jack London District Advisory Board and confirms the continuing annual assessments for the Jack London District for FY 2024-25, 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 FY 2024-25 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 2023-24 Annual Report as filed by the Koreatown District Advisory Board and confirms the continuing annual assessments for the Koreatown District for FY 2024-25, 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 FY 2024-25 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 2023- 24 Annual Report as filed by the Laurel District Advisory Board and confirms the continuing annual assessments for the Laurel District for FY 2024-25, and the City Council does hereby levy and direct the collection of the assessments for FY 2024-25 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 2023- 24 Annual Report as filed by the Downtown Oakland District Advisory Board and confirms the continuing annual assessments for the Downtown Oakland District for FY 2024-25, including a 5% increase in the amount of an nual assessments, and the City Council does hereby levy and direct the collection of the assessments for FY 2024-25 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 2023- 24 Annual Report as filed by the Lake Merritt District Advisory Board and confirms the continuing annual assessments for the Lake Merritt District for FY 2024-25, 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 FY 2024-25 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 proper ty in the Districts have not been changed or modified and are those specified in the Annual Reports and the Plans on file with the City Clerk 7 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 property taxes, and in certain cases, as specified in the Plans, through a special municipal billing; and be it
FURTHER RESOLVED: That the boundaries of the Districts shall remain the same as specified in the Plans on file with the City Clerk and there are 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 assessments on property in the Districts are those described in the Plans and the Annual Reports from the Districts on file with the City Clerk, and there are no substantial changes in the improvements or activities for the Districts; and be it
FURTHER RESOLVED: That the FY 2024-25 assessments for the Districts are as follows (including the City’s fair share assessment amounts):
• Approximately $239,462 for the Lakeshore District, and • Approximately $1,698,690 for the Jack London District, and • Approximately $229,524 for the Laurel District, and
• Approximately $702,206 for the Koreatown District, and • Approximately $2,576,422 for the Downtown Oakland District, and • Approximately $2,109,926 for the Lake Merritt-Uptown District, • Approximately $1,444,095 for the Chinatown District; and be it
FURTHER RESOLVED: That the amount chargeable to each parcel in each District shall be as determined by the Plans and Annual Reports 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 FY 2024-25 fair share assessment of an aggregate approximate amount of $452,455.04 for City-owned property as more specifically described in the recitals above from the General Purpose Fund (1010)/Economic Development Organization (85411)/Taxes and Assessments Account (53511)/Business Improvement District Project (1000147)/Citywide Activities Program (IP50) and the Central District Projects Fund (5610)/Central District Redevelopment Organization (85245)/Taxes and Assessments Account (53511)/Downtown Capital Project (1000169)/Downtown Program (SC13) and the Central District Projects Fund (5610)/Central District Redevelopment Organization (85245)/Taxes and Assessments Account (53511)/Oakland Ice Center Project (1003244)/Downtown Program (SC13) and the Central District TA Bonds Series 2006T Fund (5614)/Central District Redevelopment Organiza tion (85245)/Taxes and Assessments Account (53511)/ Fox Theater Operating Project (1005785)/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 a ny additional properties located in any of the Districts that are transferred to City ownership during FY 2024-25; 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 amendments 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