Lake Merritt/Uptown District Association - Board of Directors Meeting

December 7, 2016 - 8:30 A.M.
The Lakeside Conference Room in the offices of Donahue Fitzgerald
1999 Harrison Street, 25th Floor
Agenda
1. Call to order, Deborah Boyer
2. Public comment and announcements
3. Approval of the minutes of the October 5, 2015 meeting

Action Item

4. Financial report

Action Item

5. Preliminary 2017 Meeting schedule
6. Discussion of renewal of Oakland Venue Management contract for an additional
year
7. SOBO updates
8. DISI updates
9. Other
Adjournment into Executive Session
All staff and public attendees are required to leave the meeting at this time.
All decisions will be a part of public record according to Government Code 54950 (The Brown
Act)

10. Discussion of additional personnel compensation

Action Item

BROWN ACT:
Government Code 54950 (The Brown Act) requires that a brief description of each item to be transacted or discussed be
posted at least 72 hours prior to a regular meeting. The Corporation posts agendas with the City at 1 Frank H. Ogawa Plaza,
#101. Action may not be taken on items not posted on the agenda. Copies of the agenda are available from the Lake
Merritt/Uptown District Association at 388 19th Street, Oakland, CA 94612. Meeting facilities are accessible to persons with
disabilities. If you require special assistance to participate in the meeting, notify our office at 510 238-1122 at least 48 hours prior
to the meeting.

LAKE MERRITT/UPTOWN COMMUNITY BENEFIT DISTRICT
388 19th Street  Oakland, California 94612
Phone 510.452.4529  Fax 510.452.4530  info@lakemerritt-uptown.org  www.lakemerritt-uptown.org

2

Lake Merritt/Uptown District Association - Board of Directors Meeting
Wednesday, October 5, 2016 - 8:30 A.M.
Cathedral of Christ the Light Room B- 2121 Harrison Street
Minutes
Present:

Deborah Boyer, Laurie Cooperman-Rosen (by phone), Melissa De Boer, Aliza Gallo,
Don Rogers, Ben Weinstein, Ke Norman, Ramsey Wright

Absent:

Robert Wilkins, Steve Douglas, CJ Hirschfield, Michelle Lane, Samantha Stires

Staff:

Andrew Jones, Tori Decker, Tamiko Garner

General Counsel: Daniel Schacht
Guests:

Dan Pitcock, Yvette McCoy (BART), Kim Bardakian (Kapor Center), Jamie
Choy(Signature Development),

Discussions held and decisions made by the Board of Directors
SUBJECT
DISCUSSION

ACTION?

Call to Order

The meeting was called to order at 8:39 a.m.

Public comment and
announcements

Staff mentioned that the last in the series, 3rd
Thursday at Latham Square, is to be held on
October 20, 2016.

Approval of the minutes of
the August 3, 2016 meeting

The minutes of the August 3, 2016 meeting were
presented for review.

Deborah Boyer moved
and Ke Norman
seconded the motion
to approve the
minutes of the August
3, 2016 meeting as
presented. The motion
was approved
unanimously.

Financial Report

Tori reported that the prior year reserve and
assessment income total $1,411,823.32. We
received our third and final disbursement from
the City on August 31 which was $32,916.54
more than budgeted. Excluding our reserve of
$77,392.77, and less a payment made from
reserve totaling $13,000 for B Shuttle
sponsorship, total cash available is

Deborah Boyer moved
and Aliza Gallo
seconded the motion
to approve the
financial report as
presented. The motion
was approved
unanimously

LAKE MERRITT/UPTOWN COMMUNITY BENEFIT DISTRICT
388 19th Street  Oakland, California 94612
Phone 510.452.4529  Fax 510.452.4530  info@lakemerritt-uptown.org  www.lakemerritt-uptown.org

3

$1,321,430.55. The DISI Committee year to date
expenses total $42,345.40, ORG Committee
year to date expenses total $199,326.17 and
SOBO Committee year to date expenses total
$826,946.78. This leaves total cash remaining of
$452,812.20. The SOBO variance is a result of
the June billing for Block by Block not having
been paid due to some billing inaccuracies that
staff is working closely with BBB to resolve. In
addition, there is a significant underspend in the
SOBO watering line item as the need for
watering has reduced significantly since
transitioning to the succulent only hanging plant
model.
Tori reported that year to date expenses for
Ambassador services at the Fox Theater are
$2,978.90.
a. Approval of 2017
Proposed Annual
Budget by Category
to be submitted with
Annual Report to the
City of Oakland

Board elections
a. Review of open
seats and nominees

We are being asked by the City to once again
submit a board approved budget along with our
Annual Report before the end of our fiscal year.
Staff has prepared a collapsed budget that will
give us structure, but will allow us to develop the
full operating budget when we know our actual
carry forward and have an opportunity to meet
with individual committees. These numbers have
been pulled directly from a 3-year budget
projection that staff generated last year and was
reviewed by the ORG Committee.

Deborah Boyer moved
and Ben Weinstein
seconded the motion
to approve the
proposed 2017 budget
to be included in the
annual report. The
motion was approved
unanimously.

a. Nominees whose seats are expiring: Laurie
Cooperman-Rosen, Aliza Gallo, Steven Douglas,
Don Rogers, CJ Hirschfield, Ke Norman, and
Ramsey Wright.
Of those whose terms are expiring, only Don
Rogers, CJ Hirschfield and Ke Norman have
submitted nomination forms.

b. Approval of
currently seated
property owner
nominees

b. Approval of currently seated property owner
Don Rogers to the board of directors for a twoyear term.

b. Melissa de Boer
moved and Deborah
Boyer seconded the
motion to approve the
currently seated
property owner Don
Rogers The motion
was approved
unanimously.

c. Approval of new
property owner

c. Approval of new property owner nominee
Jamie Choy to the board of directors for a two-

c. Deborah Boyer
moved and Ramsey

2

4

nominees

year term.

Wright seconded the
motion to approve the
new property owner
Jamie Choy to the
Board of Directors for
a two-year term. The
motion was approved
unanimously.

d. Approval of
business tenant
nominees and
Community at Large
nominees

d. Approval of business tenant/community-atlarge nominees CJ Hirschfield and Ke Norman to
the board of directors for a one year term.

d. Deborah Boyer
moved and Aliza Gallo
seconded the motion
to approve the
business tenant and
community-at-large
nominees CJ
Hirschfield and Ke
Norman to the Board
of Directors for a oneyear term. The motion
was approved
unanimously.

e. Approval of
nominations
solicited from the
floor

e. Approval of nominations solicited from the
floor: Ramsey Wright, Dan Pitcock and Kim
Bardakian.

e. Deborah Boyer
moved and Ramsey
Wright seconded the
motion to approve the
new property owner
Dan Pitcock and Kim
Bardakian to the
Board of Directors for
a two-year term. The
motion was approved
unanimously.

Nominations of officers for
the coming year

a. President

Chris Curtis resigned his board seat last month
after the sale of his building on Broadway as he
no longer represented a property within the
district, Laurie Cooperman-Rosen will be moving
out of state and will not continue to serve on the
board in an official capacity.
a. Motion to approve the nomination of Deborah
Boyer to the office of President.

3

a. Don Rogers moved
and Ramsey Wright
seconded the motion
to approve the
nomination of
Deborah Boyer to the
office of President.
The motion was

5

approved
unanimously.
b. Vice President

b. Motion to approve the nomination of Don
Rogers to the office of Vice President.

b. Melissa de Boer
moved and Ke
Norman seconded the
motion to approve the
nomination of Don
Rogers to the office of
Vice President. The
motion was approved
unanimously.

c. Secretary

c. Motion to approve the nomination of CJ
Hirschfield to the office of Secretary.

c. Don Rogers moved
and Ke Norman
seconded the motion
to approve the
nomination of CJ
Hirschfield to the
office of Secretary.
The motion was
approved
unanimously.

d. Treasurer

d. Motion to approve the nomination of
Samantha Stires to the office of Treasurer.

d. Melissa de Boer
moved and Deborah
Boyer seconded the
motion to approve the
nomination of
Samantha Stires to
the office of
Treasurer. The motion
was approved
unanimously.

Discussion of RFP for
Renewal Release Date and
Strategy

December 1, 2016 is the planned release date
for the renewal RFP. Staff will convene a
meeting with the newly restructured ORG
Committee to do another full review prior to
release and will circulate to the board.
Andrew briefly reviewed the Renewal Timeline,
highlighting that our current BID term ends
December 31, 2018 and that we will ideally have
a selected consultant in place by early 2017.

Removal and addition of
check signers on all
LMUDA bank accounts

Tori explained that due to board turnover, we
need a motion to remove Chris Curtis, Laurie
Cooperman-Rosen, and Robert Wilkins as
authorized check signers on all district bank
accounts and add Don Rogers, Samantha Stires,

4

Jamie Choy moved
and Don Rogers
seconded the motion
to approve the
removal and addition

6

of check signers on all
DOA bank accounts

and CJ Hirschfield.
SOBO Updates

Andrew explained that our Master Encroachment
Permit is still in a holding pattern and staff is
continuing to work with Aliza and her contacts
within the Public Works Department to move it
forward.

DISI Updates

Steve announced that we have successfully
promoted the 3rd Thursdays at Latham Square
event series through the Oakland Central
platform and activated this tremendous district
asset by programming it once monthly with live
music and a downtown retailer showcase/tabling
opportunity
We placed a beautiful ad in the latest Visit
Oakland guide published by Diablo publications
and, due to its immense popularity, we updated
and did another run of our Downtown Shopping
Guides that are placed on the Free B Shuttle and
throughout downtown.
Staff, working with our creative consultants at
Circlepoint, continues to refine and refresh the
Oakland Central brand and manage the content
development of the website.
Additionally, we are creating a welcome kit
postcard to welcome new businesses to the area
and to let them know how we can promote them
through the platform and a new welcome poster
for large employers to share with employees
about all there is to do in our great downtown.
So far in 2016 we have tabled at a number of
events in addition to the Latham Square events,
including Art & Soul, where we had a very
engaging booth that attracted hundreds of people
eager to spin to win O.C. swag. We gathered
hundreds of new subscribers for our OC email
marketing and grew our social media following.
For our final marketing push of the year, we will
be working with SF Gate on the creation of a
Story Studio piece, essentially a blog that is
embedded into their regular editorial content and
is geo-fenced to reach our target audiences. We
will promote the OC platform through the ad and
link out to the website by means of a quick quiz
that will generate 4 specific downtown Oakland
specific visitor itineraries. The idea is to drive
traffic to the website and engage with audiences
outside of our immediate area. Included in the
package is a one-time print ad to appear in the
Chronicle in a section of our choosing.

5

7

Other
Next Meeting Date

December 7, 2016

Adjournment

The meeting was adjourned at 9:43 a.m.

Minutes taken by: Tamiko Garner, Administrative Coordinator

6

3,656.90

3,549.00

0.00

TOTAL ORGANIZATION

Training & Prof. Develop.
Total Personnel & Related

19,269.86

0.00
15,290.48

15,290.48

Personnel & Related
Public Relations

Staff Personnel

0.00
0.00
0.00

23,123.38

333.33
17,008.13

16,674.80

0.00

458.33
416.67
875.00

125.00
41.67
250.00
250.00
125.00
5,240.25

0.00
0.00
166.67

0.00
0.00
-102.29

34.88
33.69
345.25
91.94
76.41
3,979.38

166.67

41.67
166.67

250.00

0.00

-49.50
0.00

ORG/Special Projects
Annual Breakfast Meeting
Shuttle
Total ORG/Special Projects

Office furniture & equipment
Postage, shipping, delivery
Printing & copying
Supplies
Telephone & telecommunications
Total Non-personnel expenses

Fees & Permits
Insurance
Directors & Officers
General Liability
Misc
Occupancy expenses
Rent

Computer Service & Support
Consulting & Legal Expenses

0.00

2,410.63

TOTAL (DISI)

ORGANIZATION
Non-personnel expenses
Accounting Expenses

0.00
416.67
416.67

0.00
0.00
0.00
4,041.67

83.33
3,625.00

3,541.67

0.00
2,410.63

2,410.63

-3,853.52

-333.33
-1,717.65

-1,384.32

0.00

-458.33
-416.67
-875.00

-90.12
-7.98
95.25
-158.06
-48.59
-1,260.87

-107.90

0.00
0.00
-268.96

-166.67

-91.17
-166.67

-250.00

-1,631.04

0.00
-416.67
-416.67

-83.33
-1,214.37

-1,131.04

Curr. Actual Curr. Budget Curr. Variance

Misc.
Total DISI Projects
Special Events
Arts & Culture
CBD Sponsored Events
Total Special Events

Marketing

DISI Projects

DISTRICT IDENTITY (DISI)

EXPENSES

10:19 AM
11/30/16
Cash Basis

83.34%

0.0%
89.9%

91.7%

0.0%

0.0%
0.0%
0.0%

27.9%
80.85%
138.1%
36.78%
61.13%
75.94%

97.05%

0.0%
0.0%
-61.37%

0.0%

-118.79%
0.0%

0.0%

59.64%

0.0%
0.0%
0.0%

0.0%
66.5%

68.07%

Percent

243,526.09

3,592.74
174,564.52

168,471.78

2,500.00

0.00
5,227.18
5,227.18

1,975.14
237.81
2,719.67
2,297.77
1,407.74
63,734.39

38,984.93

1,285.00
4,929.00
1,540.03

1,909.67

947.63
2,000.00

3,500.00

47,293.03

5,000.00
2,500.00
7,500.00

348.18
39,793.03

39,444.85

YTD Actual

262,726.04

3,666.67
189,589.49

183,422.82

2,500.00

5,041.67
4,583.33
9,625.00

1,375.00
458.33
2,750.00
2,750.00
1,375.00
63,511.55

40,225.90

1,300.00
4,569.00
1,833.33

1,833.33

458.33
1,833.33

2,750.00

49,458.33

5,000.00
4,583.33
9,583.33

916.67
39,875.00

38,958.33

YTD Budget

-19,199.95

-73.93
-15,024.97

-14,951.04

0.00

-5,041.67
643.85
-4,397.82

600.14
-220.52
-30.33
-452.23
32.74
222.84

-1,240.97

-15.00
360.00
-293.30

76.34

489.30
166.67

750.00

-2,165.30

0.00
-2,083.33
-2,083.33

-568.49
-81.97

486.52

YTD Variance

Lake Merritt Uptown District Association
November 2016 Expenses

92.69%

97.98%
92.08%

91.85%

100.0%

0.0%
114.05%
54.31%

143.65%
51.89%
98.9%
83.56%
102.38%
100.35%

96.92%

98.85%
107.88%
84.0%

104.16%

206.76%
109.09%

127.27%

95.62%

100.0%
54.55%
78.26%

37.98%
99.79%

101.25%

Percent

Variance Explanation

285,849.42

Page 2 of 7

Includes airfare to ATL for staff to attend IDA Conference in
4,000.00 September and Social Media Management training.
206,597.62

200,097.62

2,500.00

5,500.00 Event will not be held in 2016.
5,000.00 Sponsorship fulfilled. Within annual budget.
10,500.00

Includes purchase of new office chairs to replace damaged
chairs and desk risers, new office refrigerator, alarm
monitoring and office water cooler rental - exceeds annual
1,500.00 budget.
500.00
3,000.00
3,000.00
1,500.00 W/in annual budget.
68,751.80

43,882.80 Includes rent and HVAC repairs for 388 19th Street.

1,300.00 Paid in full.
4,569.00 Paid in full. Includes additional premium for events.
2,000.00

3,000.00 2015 tax filing and costs incurred for research into UBTI.
Includes IT support for office computers. Exceeds annual
500.00 budget.
2,000.00 Includes cost of economic impact report.
Includes membership renewal for both IDA and CDA, w/in
2,000.00 annual budget.

53,500.00

5,000.00 Event held the weekend of August 20th.
5,000.00 Includes Bike to Work Day Sponsorship.
10,000.00

1,000.00
43,500.00

Includes purchase of FB ads, ad creation for Oakland
Magazine, EBX and Visit Oakland Guide, banner and
marketing collateral design and annual report design and
42,500.00 production.

Ann. Budget

8

78,359.40

56,678.91

TOTAL SOBO

TOTAL EXPENSE

-1,625.50
1,052.95

507.72

2,409.25

54,334.49

107,345.44

80,180.39

4,604.17
1,666.67

1,000.00

2,505.58

70,403.97

-28,986.04

-23,501.48

-6,229.67
-613.72

-492.28

-96.33

-16,069.48

Curr. Actual Curr. Budget Curr. Variance

PROW Maintenance
Watering

Misc SOBO expenses

Landscaping Staff Person

Clean and Safe

SOBO

10:19 AM
11/30/16
Cash Basis

73.0%

70.69%

-35.31%
63.18%

50.77%

96.16%

77.18%

Percent

1,063,375.47

772,556.35

40,228.18
3,013.58

12,971.38

26,501.75

689,841.46

YTD Actual

1,194,168.57

881,984.20

50,645.83
18,333.33

11,000.00

27,561.39

774,443.65

YTD Budget

-130,793.10

-109,427.85

-10,417.65
-15,319.75

1,971.38

-1,059.64

-84,602.19

YTD Variance

Lake Merritt Uptown District Association
November 2016 Expenses

89.05%

87.59%

79.43%
16.44%

117.92%

96.16%

89.08%

Percent

Variance Explanation

1,301,514.01

962,164.59

Page 3 of 7

Includes 50% of monthly parking fees, supplemental billing
12,000.00 from BBB, dump fees and additional ambassador uniforms.
Includes payments for hanging plant program and street level
55,250.00 planter replanting. W/in annual budget.
20,000.00 Minimal expenses to date due to succulent-only hanging
plant model.

30,066.97

844,847.62 Variance due to non-payment of November invoice.

Ann. Budget

9

$881,984.20
$1,194,168.57
$107,345.44

SOBO

Total Expenses

Cash Remaining

Current Contract
Amount
$12,000.00

$262,726.04

ORG

Non-Assessement Funds - Contracted
Services
Fox Theater Services (2016)

$49,458.33

$0.00
$1,301,514.01

$77,392.77

$1,378,906.78

YTD Budget

DISI

Expenses

Less Payments Made From Reserve
Total Cash Available

Less Reserve

Prior Year Reserve and Assessment Income

Cash Available

Lake Merritt/Uptown District Association
YTD Cash Summary- November 2016

Notes

Includes fulfillment of B Shuttle
sponsorship in the amount of
$13,000.00 per board
recommendation.

Assessment income received is
$32,916.54 more than budgeted.
YTD and Annual Budget are the
same as all assessment income
for the year has been received as
of August 31st.

$0.00

$1,301,514.01 Please See Attached

$962,164.59 Please see attached

$285,849.42 Please see attached

$53,500.00 Please see attached

$0.00
$1,301,514.01

$77,392.77

$1,378,906.78

Annual Budget

shows at the Fox Theater.
Working with Block by Block to
hire dedicated staff to provide
these services ongoing.

YTD Actual
Remaining Funds
Notes
$2,978.90
$9,021.10 Safety Services to be provided for

$258,055.08

$1,063,375.47

$772,556.35

$243,526.09

$47,293.03

$13,000.00
$1,321,430.55

$77,392.77

$1,411,823.32

Actual

10

11

Proposed 2017 Meeting Calendar
Month

Meeting

Date and time

January

ORG

January 11, 2017 - 9:00 a.m.

Joint Board

January 18, 2017 - 9:00 a.m.

SOBO
DISI

February 15, 2017 - 12:00 p.m.

February

LMU Board

Febuary 23, 2017 - 11:00 a.m.
March 1, 2017 - 8:30 a.m.

DOA Board

March 1, 2017 - 1:00 p.m.

April

SOBO

May

LMU Board

April 19, 2017 - 12:00 p.m.
May 3, 2017- 8:30 a.m.

DOA Board

May 3, 2017 - 1:00 p.m.

DISI

May 25, 2017 - 11:00 a.m.

Annual Event

TBD

SOBO

June 21, 2017 - 12:00 p.m.

LMU Board

August 2, 2017 - 8:30 a.m.

DOA Board

August 2, 2017 - 1:00 p.m.

SOBO

August 16, 2017 - 12:00 p.m.

DISI

August 24, 2017 - 11:00 a.m.

LMU Board

October 5, 2017 - 8:30 a.m.

DOA Board

October 5, 2017 - 1:00 a.m.

SOBO

October 18, 2017 - 12:00 p.m.

November

DISI

**November 16, 2017 - 11:00 a.m.

December

LMU Board

December 6, 2017 - 8:30 a.m.

DOA Board

December 6, 2017 - 1:00 p.m.

SOBO

**December 13, 2017 - 12:00 p.m.

March

June
July
August

September
October

** Adjusted for the holidays.

12

January 13, 2016
Board of Directors
Downtown Oakland Association and Lake Merritt/Uptown Association
Re:

Recommendation to Waive Three Year Bidding Requirement for Oakland Venue Management

Dear Board Members:
The Bidding Policy and Procedures for the Downtown Oakland and Lake Merritt/Uptown Associations
require that Major Contracts be put to bid every three years. The Bidding Policy and Procedures provide
that existing contracts may be extended beyond the three year limit with Board approval, and that such
Board approval must be accompanied by a written justification for the extension. The Major Contract
with Oakland Venue Management (OVM) for District Management Services originally expired on
December 31, 2014, and the Board subsequently approved a one-year extension through December 31,
2015.
As members of both Boards, it is Metrovation’s recommendation that we further extend the OVM
contract through December 31, 2016. As I think many Board Members would attest, the OVM team
(Steve Snider, Andrew Jones, Tori Decker, and Fiona Simms) have demonstrated amazing progress over
the years. OVM is now one of regional leaders in CBD/BID management and much of our success is due
to their drive and enthusiasm. This was heard loud-and-clear at the 2015 International District
Association annual event held in San Francisco, where Oakland’s BID/CBD success was a top topic
among participants.
Oakland is going through a tremendous period of growth our and our Districts are flourishing thanks to
the groundwork provided by the OVM team. Not without hurdles, the team has had to quickly navigate
the changing employment market to maintain an effective safe and clean team. The OVM staff continues
to maintain deep and credible relationships with all relevant departments within the City of Oakland,
even during shifts associated with a new Mayor. They also successfully managed the transition of our
outward-facing voice and messaging through the Oakland Central campaign.
Metrovation believes OVM is best equipped to see us through the next year, especially as we head into a
renewal discussion. They possess a thorough yet nuanced understanding of the needs of the Districts and
stakeholders. By extending the OVM contract for one year we can continue to leverage the many
relationships and programs in place to continue the upward momentum of the Districts.
Sincerely,

Sara May
Board Member, Downtown Oakland Association

Related Interests