DOWNTOWN OAKLAND ASSOCIATION BOARD OF DIRECTORS - DECEMBER 3RD, 2009, 8:30 AM 500 12TH STREET, STE.

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Present: JC Wallace/SKS, Laurie Berberich/CAC, Martin Ward/Old Oakland, Paul Grafft/Shorenstein, Carmen Santisteban/Shorenstein, Chris Curtis/Metrovation, Ke Norman, , Michael Haddad/Haddad Sherwin Michael McGuire/CCIG, Andrew Brog/Brog Properties, Tom Tewksbury/SKS

Excused Absence: Aliza Gallo, John Bruno, David Goodman, Scott Stafford Staff: Guests: Minutes: Discussions held and decisions made by the Interim Board of Directors SUBJECT Introductions Minutes of October 7th 2009 Interim Board meeting DISCUSSION JC called the meeting to order at 1:00 p.m. The minutes of the October 7th, 2009 meeting were reviewed by the Interim Board. ACTION? No Action Taken Chris Curtis Moved and Laurie Berberich Seconded the approval of the October 7th minutes. The motion to approve the minutes was passed unanimously. No Action Taken Marco Li Mandri/Executive Director, Steve Snider/District Manager, Andrew Jones/District Services Coordinator, Elizabeth Clark/FAB, Ted Tarver, OPD Captain of Police Anthony Toribio, Drew Lisac

Organization Committee Report Item # 1) Meeting with Chief Batts of OPD and Update on Progress with OPD partnership.

JC Wallace describe the November 5th meeting with Chief Batts as positive and encouraging. Clear action items emerged from the meeting. Martin Ward gave update on the SOBO committees follow up meeting as well as his meeting with Captain Toribio which was focused primarily on OPD Foot Patrol Coverage and staffing.

DOWNTOWN OAKLAND ASSOCIATION

388 19th Street Oakland, California 94612 Phone 510.238.1122 Fax 510.452.4530 mail@downtownoakland.org www.downtownoakland.org

Presentation by OPD Captain of Police Anthony Toribio

Captain Toribio gave presentation of how OPD staffs Beat Patrols. OPD has 13 patrol beats and Foot patrol Officers are required to spend 25% of their work week out of their cars/office and on foot. Officers hired out of the Redevelopment Funds work 8am-5pm. Toribio explains why Officers might not be seen as often as District Stakeholders might like due to calls that pull them of the street, and arrest etc. OPD feels they have a daily working relationship with the Ambassadors, but are now requesting that both the Ambassadors and the Officers document and memorialize each contact. Toribio stated we need to establish consistent lines of communication saying there was tentative plan for OPD to carry an Ambassador radio but OPD wants the idea vetted further before making a decision. He also said daily check-in are a good idea, not just to memorialize the meeting but to share information and intelligence. He also said he does not have a problem with Foot Patrol Officers walking with Ambassadors and working as a Force Multiplier and as the eyes and ears of the Department. From the Top of OPD the Ambassador/OPD partnership is strong and on the street partnership is getting better. OPD currently has approximately 20 Stay Away Orders and the Ambassadors know who they are and have assisted greatly assist in stay away enforcement. It was suggested by Toribio we connect with the D.A.s office and Nancy OMalley and Revi Batista to work on stiffer enforcement. Martin Ward updates group on his research and discussions with Toribio including stating that there used to be more of a Beat Officer presence in the Downtown Area. It was suggested that the CBDs work at a higher level with OPD to get the necessary foot patrol coverage. Paul Grafft asked Toribio who we should lobby to get more coverage. Toribio answered City Council members and Chamber of Commerce. Toribio added that he has lost foot patrol coverage over the past few years but what is solid is the 5 Officers funded by the Redevelopment agency. Ted Tarver states he appreciates Toribio shedding light on the reality of what OPD and the City faces. He says 911 emergency calls decimate the Department. Org. Committee Report Marco Li Mandri explained the process of possible Item # expansion of the District Boundaries or annexing 2) Modification of other properties into the CBDs such as Bay Area Leal management Aid and the Fox Theater. Parcels would not be District Plan to included until mid year 2010 or 2011. Marcos allow potential referred the group to page 17 of the Board

JC moved and Chris seconded that staff pursue expansion of the District boundaries, conditional upon

expansion, resolution adopted by Board Org. Committee Report Item # 3) Terms of Board members to two years vs. one year.

Agenda packet where a City Attorneys Office Memorandum dated Nov. 23, 2009 states CBD Advisory Board makes a written request of the City Council to modify the management District Plan (which establishes the boundaries of the district). Marco explained the need to stagger the length of Board terms in an effort to keep consistent participation. Based upon the Organization Committees input, he distributed a sheet that recommended that certain Board members have initially two year terms and that the balance have one year terms. This would ensure that they entire Board did not expire simultaneous. After the first year, all Board seats will be two year terms.

Org. Committee Report Item # 4) Year to Date Financial Report through November 30th

Org. Committee Report Item # 5) Creation of a Bylaw Task Force.

Org. Committee Report Item # 6) Review and adoption of Annual Budget for 2010 Org. Committee Report Item # 7) Oakland Structures, December 4th

support by the affected property owners. The motion was approved Unanimously. Paul moved and JC seconded that the list of staggered terms be adopted. The Motion to stagger the length of Board membership terms was approved unanimously. (Please see attached) Budget equals projected not actual Martin moved and income/expenses. Laurie Berberich has asked to Laurie seconded the change the Actual vs. Annual so financials are more motion to approve understandable and accurate. CBD has not the YTD Financials. received all assessments but funds are in process of The motion was being wired. Services providers began alter than approved expected in 2009 leaving a surplus of funds. Security unanimously. started in February and maintenance started in March. SOBO has $76 K remaining with an approximate $150K carry forward to 2010. Andrew Brog asked if there are any uncollectables and Marco answers yes 6% uncollectable are built into the budget, but funds will come eventually through liens when property is sold. Financial hardship requests are woven into the CBD contingency funds. More discussion followed. Marco explained the need to review and amend Chris moved and JC CBD Bylaws. He will work with these with Elizabeth seconded the motion and present them to the Org Committee and Board to create a Bylaw sometime in the first few months of 2010. He stated task Force. The that this was needed due to some issues that arose motion was during the first nomination cycle to the Board. approved unanimously. The proposed budget for calendar year 2010 was JC moved and distributed and discussed. This had previously been Martin seconded to reviewed by the Org Committee and the numbers adopt the proposed are pretty close to final. This budget is based upon budget for 2010. The an anticipated 94% collection rate, yielding a net motion to approve 2010 budget of $902,793 the 2010 budget was approved unanimously. JC explained that prior to the Oakland Structures Paul moved and Conference, there was a need for video aids to Chris seconded the support Deborahs presentations on the districts. motion to approve The video promotion project produced two short video marketing films that were presented at the Oakland Structures budget for posting on

Approval of use of funds for brief film for Oakland Structures.

Org. Committee Report Item # 8) Report on Assessments Receivable SOBO Committee Report Item # 1) Update on Cooperation with OPD SOBO Committee Report Item # 2) Update on contractors, anticipated carry forward SOBO Committee Report Item # 3) Budget Review and Approval SOBO Committee Report Item # 4) Amend Block by Block and Peralta contracts to be aligned with Calendar year and 2010 service provider review and update.

conference. A budget of $1500 per District purchased one 2 minute professionally made video. The Presidents have the authority to authorize expenditures up to $1,500 subject to later approval by the Board. JC was seeking approval for this action, which was also taken by Deborah in Lake Merritt. The purpose of the film will be to promote both districts and put the presentation on our website. Marco informs group that outstanding assessments have now been paid.

the websites. The motion was approved unanimously.

No Action Taken

Ted Tarver explains the progress made with building No Action Taken support within OPD. (See above statements in Toribio section). Ted attended a Rotary luncheon where Chief Batts was the Keynote speaker. Batts was very impressive. He said the relationship with OPD is steadily improving thanks to Batts and Toribio. Contractors and carry forward budget was No Action Taken. approved previously.

SOBO Budget was previously approved.

No Action Taken.

Marco explained merits of realigning the 2010 contracts for all service providers to fit within the calendar year from Jan. 1-Dec. 31. To do so we need to ask they the contractors roll their final month of their first year contract into the 2010 contract. Martin Ward updated the Board that the SOBO committee has decided to move forward with current service providers for 2010 saying Block by Block has done a stellar job and will continue to do so. Peralta has added a full time supervisor to the 2010 contract at no additional expense and has therefore filled one of the primary holes in the 2009 service. There is work to be done still in unifying the maintenance and security into a cohesive unit but all involved are more than committed to see this through. There is a discussion regarding the increased level of service and funding it out of the carry forward/contingency funds. JC stated that this could use up surplus funds and lead to a drop off in service in 2011. Andrew Brog thought that this was not the best approach. Marco explained that more

JC moved to realign the contracts for to commence on January 1st and conclude on December 31st, a full calendar year and it was made seconded by Martin Ward. The motion was approved unanimously

DISI Committee Report Item # 1) Review of Strategic Plan summary and budget

change will happen in the first 2 years of operation and the push for improvements will stabilize and that we should trust the recommendations of the committee that has requested use of the funds. Marco presented the approved DISI Strategic Plan for 2010. He referred to p. 19 of agenda packet. He also explained that public space improvement projects such as the horse trough and clock were anticipated for this year. We must adopt guidelines for sponsorship proposal. The Committee has recommended to approve funding for 1st Friday/Great Wall as the City is pulling funding for the projector as of Dec. 31st. Steve Snider explained the development of the newly created Midtown Arts District and their sister art crawl event also on 1st Fridays.

Chris moved and Paul seconded that the Joint DISI Strategic Plan summary and budget be approved as presented. It was understood that this was a working document and was subject to change as new priorities were set. The motion was approved unanimously. No Action Taken

DISI Committee Report Item # 2) Update on ULI Conference Tour and Insert DISI Committee Report Item # 3) Update on Holiday Tree Lighting DISI Committee Report Item # 4) Continuation of PR Contract for 2010

Discussion occurred and the consensus was that both the ULI tour and the insert were great successes. Steve Snider reported that the Tree lighting at City Center was scheduled for later in the evening. All are encouraged to attend if possible. JC Wallace explained the current agreement with Gallen/Neilly and Associates. Projects they worked on over the last three months included ULI Tour, The Registry Insert and the promo videos. The consensus was that they provided a very professional and focused PR campaign at a very reasonable rate. Marco referred to page 24 of the agenda packet for the 2010 proposal for the continuation of the PR services for 2010. . Martin Ward expresses concern that the $50 K with almost one third of the entire annual DISI budget. Andree Brog asks if we have explored other groups and points out that they are based in Walnut Creek and not in Oakland. Martin explained that they have a history of working in Oakland and currently support both Shorenstein and Swig Company in PR campaign related to Oakland properties. Gallen Neillly were vetted in the initial search for a PR firm and have now done their homework and are ready to provide quality services. JC added they have been very proactive.

No Action Taken.

Laurie moved and JC seconded a motion to approve continuation of the Gallen Neilly contract or 2010. The amount for the contract had been placed in the Joint DISI Strategic plan and will be funded from this budget. The motion was approved unanimously.

Scheduling Set Meeting dates in 2010

Next Meeting

Adjournment

JC Wallace and others have requested that we set a meeting calendar for a year or half a year. Marco proposed scheduling a Joint Board meeting in January then allowing the Organization Committee set the years meeting calendar after that meeting. A tentative Joint Board Meeting was set for Thursday, January 20th at 8:30 am at the Kaiser Center Conference Room. This Joint Meeting will be contingent upon Chief Batts being to address the Joint Boards The meeting adjourned at 10:30 a.m.

The Organization Committee was charged with setting a meeting calendar for 2010.

Org. Committee Report Item # 1) Discussion on new Administrative Contract with New City America for 2010 (all staff left the meeting)

CLOSED SESSION The Board adjourned its regular meeting and staff and visitors left the room. Discussion occurred on the proposal by New City America and Oakland Venue Management to manage the Downtown Oakland CBD for a period commencing January 1st, 2010 and ending on December 31st 2011. A vote was not taken since a Board member believed that they had lost quorum after one person left the room.

Minutes taken by: Steve Snider, District Manager, Downtown Oakland Association and Marco Li Mandri, Executive Director, Downtown Oakland Association

Board Nominees Elected to the Downtown Oakland Association Board of Directors October 7th, 2009 Terms for Board Members
The following property owners were elected to the Downtown Oakland Association Board at the Annual Election meeting held on Wednesday October 7th, 2009 at the City Center Conference Room. All Board members are required to attend each Board meeting, as well as serve on one of the Boards standing Committees. Person Nominated 1. JC Wallace or Tom Tewksbury as an alternate 2. Scott Stafford 3. Laurie Berberich 4. Paul Grafft 5. Chris Curtis 6. Carmen Santisteban or Stacey McCarthy as an alternate 7. Martin Ward 8. Aliza Gallo 9. Lisa Rhine 10. Mike McGuire 11. David Goodman or Denise Trudeau as an alternate 12. Andrew Brog 13. John Bruno or Elie Khoury as an alternate 14. Julia Sherman or Mike Haddad as an Alternate 15. Ke Norman, Business Owner Property Representing SKS Investments CIM Group 1000 Broadway Shorenstein Properties Metrovation City Center/Shorenstein Old Oakland Assoc. City of Oakland Press Building Calif Capital Clorox Cathedral Bldg. Marriott/CIM Property Owner Nailphoria Proposed Term 2 Year 2 Year 2 Year 2 Year 2 Year 1 Year 2 Year 1 Year 2 Year 1 Year 2 Year 1 Year 1 Year 1 Year 1 Year