Meeting of the DOA Organization Committee

Tuesday, March 2, 2021 – 3:30 am

Virtual Meeting via Zoom
Agenda

1. Call to order, Michelle Lane

2. Discussion of Chinatown BID formation and potential release of DOA held properties

3. Other

4. Adjournment

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 Downtown Oakland 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.
Chinatown BID Formation Brief

Purpose: To provide information and background regarding the formation of the new Chinatown
BID and the request from that organization’s consultant and steering committee to release
properties currently within the boundary of The Downtown Oakland Association.

Background: In 2018, as the Downtown Oakland Association was engaged in its renewal
process, conversations occurred between DOA staff and leadership and members of the
Chinatown Chamber of Commerce and the Chinatown Improvement Initiative around their
expressed desire to, at a future date, form a Chinatown BID and the wish to, at that future date,
include parcels included in the proposed boundary of the 2018 Downtown BID. These
conversations are built on a long history of engagement between the aforementioned entities
around a shared desire for the formation of a Chinatown BID. In 2018, an MOU was issued to
the Chinatown Chamber of Commerce and its representatives, from The Downtown Oakland
Association, outlining the cooperative steps to be undertaken by DOA to work towards this
shared objective. A key commitment put forth in this MOU was the following:
The Downtown BID will cooperate with the Chinatown BID’s BID consultant to develop a
feasibility plan for the future BID that would be designed to be completed at the same time as
the currently proposed Downtown BID (2028).

Issue: The Chinatown BID formation is moving along at an accelerated rate due in part to a
recently acquired understanding that BIDs can modify existing Management Plans to remove
existing parcels without the necessity of balloting and petitioning property owners as long as the
board, acting in the capacity of the “Owner’s Association”, recommends that those parcels be
removed from its boundary. The Chinatown BID Steering Committee and their formation
consultant, Marco Li Mandri with New City America, are hoping to get this matter before the City
Council for approval this summer. For that to happen, it would require, according to a letter
provided by Mr. Li Mandri, dated February 20 (but received by staff on February 23), the
approval of the DOA board at our March 3rd meeting to release the properties currently within
the DOA boundary to the new Chinatown BID. The first meeting convened to discuss this matter
and the proposed timeline occurred on January 28, 2021.

This expedited timeline has not and does not allow for sufficient opportunity to engage with the
affected property owners and determine their preference - to remain in DOA or become a
stakeholder in the proposed new BID.

Objective: Working with the DOA Board, affected stakeholders, and the Chinatown BID Steering
Committee, arrive at an agreed upon resolution while honoring their proposed timeline to the
best of our ability.

Next Steps:
- Staff and DOA board leadership will convene to review and discuss the situation
- Invite representatives the Chinatown BID Steering Committee and its consultants to the
March 3 DOA board meeting to give a presentation on this matter
- Staff to establish a communication strategy to inform affected property owners of the
situation
Chinatown BID Formation Brief

- Create a method for affected stakeholders to provide feedback regarding the situation in
order to establish and clear understanding of their desired solution
- Convene a meeting with the DOA Executive Committee to apprise them fully of the
situation and results of stakeholder feedback
- Schedule Special Meeting of the DOA Board of Directors to review the results from
stakeholder outreach and take action based on those findings
- Determine which corporate documents and other materials need revision as a result of
potential boundary changes and associated costs to be passed along to Chinatown BID

What documents do we include in this overview (all items below currently in Drive):
1. MOU
2. Letter from Marco Li Mandri
3. Proposed District Map with Overlay
4. The complete Steering Committee meeting packet
5. Perhaps a list of all affected stakeholders - there may be value in seeing the list of
ownership groups, board members may be able to make direct contact on our behalf
February 20, 2021

Tori Decker I Operations Director

Michelle Lane, President
Downtown Oakland Community Benefit District| Oakland Central
388 19th Street, Oakland, CA 94612
Sent via e-mail:

SUBJECT: Justification for Adjusting Boundaries of the Downtown Oakland Parcels

to the proposed Chinatown Community Benefit District

CONFIDENTIAL MEMO

Dear Tori and Michelle:

I have reviewed the documents related to the ability to adjust the boundaries of the
Downtown Oakland CBD and possibly transferring them to the proposed Chinatown CBD,
which is responsive to what you have requested. As you know, I was not part of the
discussion during the public hearing process in which the renewed Downtown Oakland
CBD included various parcels considered part of the historic boundaries of Chinatown,
which led to the discussion of possible transfer in the future. Please find Steve Snider’s e-
mail at the end of this letter to Rick da Silva which clarified this possible action.

The current Oakland BID/CBD ordinance is based upon the Streets and Highway Code and
whatever has not been amended with the Oakland ordinance, defaults to Section 36600 of
the California Streets and Highway.

Based upon these sections, and with your concurrence, the Downtown Oakland
Association Board of Directors will review their options at their Board meeting on March
3rd and will consider removal of the parcels included in historic Chinatown and make a
decision to keep them in the Downtown Oakland CBD or release them to the new
proposed Chinatown CBD. This decision will need to be made on the 3rd as I must know
what final boundaries of the proposed Chinatown BID will be. The action to possibly
Chinatown CBD Resolution of Formation scheduled for July 20th, 2021. Please see the
map attached to clarify the contested parcels.

Corporate Office 2011 W. California Street San Diego, CA 92110 619-233-5009 Fax 619-239-7105
Midwest Office 300 N. State Street Ste. 4710 Chicago Ill. 60654 888-356-2726
New England Office: 42 Pearl Street New Bedford, MA 02740
mail@newcityamerica.com www.newcityamerica.com Facebook: New City America, Inc.
The relevant section of the Streets and Highway Code, as amended by local Oakland
enabling ordinance are as follows:

36635. The owners' association may, at any time, request that the
city council modify the management district plan. Any modification of
the management district plan shall be made pursuant to this chapter.

36636. (a) Upon the written request of the owners' association, the
city council may modify the management district plan after
conducting one public hearing on the proposed modifications. The city
council may modify the improvements and activities to be funded with
the revenue derived from the levy of the assessments by adopting a
resolution determining to make the modifications after holding a
public hearing on the proposed modifications.

36650. (a) The owners' association shall cause to be prepared a

report for each fiscal year, except the first year, for which
assessments are to be levied and collected to pay the costs of the
improvements, maintenance, and activities described in the report.
The owners' association's first report shall be due after the first
year of operation of the district. The report may propose changes,
including, but not limited to, the boundaries of the property and
business improvement district or any benefit zones within the
district, the basis and method of levying the assessments, and any
changes in the classification of property, including any categories
of business if a classification is used.

Response: The Downtown Oakland Association is the designated Owners

Association, and the Chinatown CBD Steering Committee and Chamber will be
recommending that the parcels in question and currently part of the Renewed 2018
Downtown Oakland CBD be removed from the boundaries of the Downtown CBD.
Therefore, the current Downtown CBD would have its current boundaries adjusted to
remove these parcels due to the previous agreement made if Chinatown forms its own
CBD this summer. That justification is based upon the fact that the Chinatown CBD is now
considering its formation and anticipates its mail ballot proceeding public hearing to be
held on July 20th, 2021. Any parcel may not be assessed by two different districts funding
special benefits to the same property owner. This adjustment is allowable through Section
36650 (a). We would request that the public hearing for the Chinatown CBD formation be
held and immediately followed up by a second public hearing that removes the parcels in
question from the Downtown Oakland CBD boundaries. Therefore, at the end of both
public hearings, the parcels in question would become part of the Chinatown CBD for FY
22 and would no longer pay into the Downtown Oakland CBD during that same and
following fiscal years.
(b) The report shall be filed with the clerk and shall refer to
the property and business improvement district by name, specify the
fiscal year to which the report applies, and, with respect to that
fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and
business improvement district or in any benefit zones or
classification of property or businesses within the district.

2
Response: With the consideration and adoption of this amendment removing the
referenced parcels, we presume that the Council may act as per section (b) (1) above.

We request once your Board has considered this removal of parcels and votes on that
removal at the March 3rd DOA Board meeting, that the City Attorney’s office review this
request, and tell us what further documentation the City will need to make this adjustment
so we can ensure that this outstanding issue has been resolved to the satisfaction of both
parties.

Please get back to me should you have any questions regarding this request.

Sincerely,

Marco Li Mandri
Consultant to the Chinatown Chamber of Commerce
CBD Consultant
New City America

Cc: Carl Chan, President

Rick da Silva
Jessica Chen
Honorable Council President Nikki Fortunato Bas
Greater Chinatown CBD Steering Committee

Attachments.

3
From: Steve Snider
Sent: Tuesday, July 24, 2018 12:35 PM
To: aguillen@oaklandnet.com; 'lmcelhaney@oaklandnet.com'
Cc: 'sting@oaklandnet.com'; 'Wald, Zachary'; Marqusee, Alexander G. (AMarqusee@oaklandca.gov);
michelle.lane@cbre.com; Deborah,A. Boyer; Andrew Jones; Tori Decker; 'Gallo, Aliza'
Subject: DOA CBD Letter to the Chinatown Improvement Initiative

Councilmembers Guillen and McElhaney,

Attached please find a copy of a letter our board president, Michelle Lane, sent to the Chinatown
stakeholder group yesterday. This letter outlines the desire of the Downtown Oakland Association to
work in in collaboration and partnership with the Chinatown Improvement Initiative (CII) in all possible
ways as they scale their operation and explore the feasibility of forming an official Chinatown BID/CBD.
It is the desire of our organization to assist the CII and the future Chinatown BID/CBD in achieving their
goals. Below in black are the MOU points sent to us by Tommy Wong with the CII last week. Below in
red are our responses to those points. I think you will see that we are not far off, but cannot make
certain agreements without a formal BID process.

1) Chinatown Boundaries: Written acknowledgement that the boundaries of Chinatown are from
6 Street to 14th Street and from Broadway to Laney College. (We are familiar with and acknowledge the
th

historic boundaries of Oakland’s Chinatown District and we agree to work with Chinatown stakeholders
to seek ways to have future Chinatown BID boundaries aligned with these historic boundaries to the best
of our ability.)
2) Dedication of Funds: Funds raised from within these boundaries, less overhead, will be dedicated
to being spent in the Chinatown community. (All assessment paying properties, including all properties
that fall within the historic Chinatown footprint, will receive the same level of services as articulated in
our District Management Plan. Therefore, they are being spent in the Chinatown community.)
3) Chinatown Improvement Initiative (CII) Sub-Contract: CII will be sub-contracted for
Ambassador Services and Marketing within the Chinatown Boundaries. (The DOA is more than open to
this possibility, however our Disbursement Agreement –contract with the City of Oakland – requires and
RFP process for all contracts over $5000)
4) Associate Memberships: Building owners within the Chinatown Boundaries who wish to be
Associate Members of the BID can do so as the same price as BID members and receive the same
services, which will be sub-contracted through CII. (The Chinatown Improvement Initiative has already
informally developed their own Associate Membership model and we will work with them to formalize
and grow this program.)
5) Chinatown BID feasibility: The Downtown BID will cooperate with the Chinatown BID’s BID
consultant to develop a feasibility plan future BID that would be designed to be completed at the same
time as the currently proposed Downtown BID (2028) (We agree to cooperate with this process and
provide our insight and expertise into the feasibility study.)
6) Downtown BID Board Addition: The Downtown BID will open up to 2 Board member spaces
for Chinatown-selected representatives. (We encourage assessment paying stakeholders, or potential at-
large board candidates, to nominate themselves to our board of directors. The number of board seats will
be dictated by the terms of our bylaws.)

Please let us know if you have any additional questions or concerns. We are happy to meet or talk on
the phone prior to the meeting tonight if your schedules permit.

Thank you,

4
Steve Snider I Executive Director
Uptown & Downtown CBDs | Oakland Central
388 19th Street, Oakland, CA 94612
p: 510.238.1122
m: 415-847-2903
OaklandCentral.com | DowntownOakland.org | LakeMerritt-Uptown.org

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1) Chinatown Boundaries: Written acknowledgement that the boundaries of Chinatown
are from 6th Street to 14th Street and from Broadway to Laney College.
2) Dedication of Funds: Funds raised from within these boundaries, less overhead, will be
dedicated to being spent in the Chinatown community.
3) Chinatown Improvement Initiative (CII) Sub-Contract: CII will be sub-contracted for
Ambassador Services and Marketing within the Chinatown Boundaries.
4) Associate Memberships: Building owners within the Chinatown Boundaries who wish
to be Associate Members of the BID can do so as the same price as BID members and receive
the same services, which will be sub-contracted through CII.
5) Chinatown BID feasibility: The Downtown BID will cooperate with the Chinatown
BID’s BID consultant to develop a feasibility plan for the future BID that would be designed
to be completed at the same time as the currently proposed Downtown BID (2028).
6) Downtown BID Board Addition: The Downtown BID will open up to 2 Board
member spaces for Chinatown-selected representatives.

DOWNTOWN OAKLAND ASSOCIATION

388 19th Street Oakland, California 94612

Phone 510.238.1122 Fax 510.452.4530 info@downtownoakland.org www.downtownoakland.org