1.

2.
3.
4.
5.

6.
7.
8.
9.
10.

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

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

$77,392.77
$732,940.53

Less Reserve
Total Cash Available

$160,360.73
$223,893.07
$509,047.46

SOBO

Total Expenses

Cash Remaining
Current Contract
Amount
$12,000.00

$54,615.70

ORG

Non-Assessement Funds - Contracted

Services
Fox Theater Services (2016)

$8,916.64

DISI

Expenses

$810,333.30

YTD Budget

Prior Year Reserve and Assessment Income

Cash Available

Lake Merritt/Uptown District Association

YTD Cash Summary-February 2016

December disbursement was

Notes

$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

$77,392.77
$1,301,514.01

$1,378,906.78 $18,331.54 more than budgeted.

Annual Budget

shows at the Fox Theater. Funds

remaining from 2015 contract $6,268.52.

YTD Actual
Remaining Funds
Notes
Safety
Services
to be provided for
$0.00
$12,000.00

$552,965.97

$198,306.10

$148,876.96

$47,144.98

$2,284.16

$77,392.77
$751,272.07

$828,664.84

Actual

4,458.32

1,409.12

62.25
23.50
289.06
37.60
101.54
4,997.56

85,544.92

116,996.31

TOTAL SOBO

3,643.67
348.53

66,699.55

30,042.27

14,853.17
0.00

TOTAL EXPENSE

458.34
416.66
875.00

107,762.03

80,180.36

4,604.16
1,666.66

2,505.58
1,000.00

70,403.96

23,123.35

0.00 0.00
25,044.71 16,674.81
0.00
333.34
25,044.71
17,008.15

PROW Maintenance
Watering

Landscaping Staff Person

Misc SOBO expenses

Clean and Safe

SOBO

TOTAL ORGANIZATION

Personnel & Related

Public Relations
Staff Personnel
Training & Prof. Develop.
Total Personnel & Related

0.00
0.00
0.00

3,656.90

3,549.00

Office furniture & equipment

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

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

0.00
0.00
166.66

1,285.00
0.00
-569.35

125.00
41.66
250.00
250.00
125.00
5,240.20

41.66
166.66
166.66

202.50
0.00
16.46

250.00

416.66
416.66
833.32

0.00
0.00
0.00

0.00

83.34
3,625.00

3,541.66

0.00
1,409.12

1,409.12

9,234.28

5,364.56

10,249.01
-1,666.66

1,138.09
-651.47

-3,704.41

6,918.92

0.00
8,369.90
-333.34
8,036.56

-458.34
-416.66
-875.00

-62.75
-18.16
39.06
-212.40
-23.46
-242.64

-107.90

1,285.00
0.00
-736.01

160.84
-166.66
-150.20

-250.00

-3,049.20

-416.66
-416.66
-833.32

-83.34
-2,215.88

-2,132.54

Curr. Actual Curr. Budget Curr. Variance

Computer Service & Support

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

ORGANIZATION
Non-personnel expenses
Accounting Expenses

TOTAL (DISI)

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

Marketing

DISI Projects

DISTRICT IDENTITY (DISI)

EXPENSES

10:19 AM
2/25/16
Cash Basis

108.57%

106.69%

322.6%
0.0%

145.42%
34.85%

94.74%

129.92%

0.0%
150.2%
0.0%
147.25%

0.0%
0.0%
0.0%

49.8%
56.41%
115.62%
15.04%
81.23%
95.37%

97.05%

100.0%
0.0%
-341.62%

486.08%
0.0%
9.88%

0.0%

31.61%

0.0%
0.0%
0.0%

0.0%
38.87%

39.79%

Percent

198,306.10

148,876.96

15,879.80
0.00

4,818.50
1,105.63

127,073.03

47,144.98

2,500.00
30,500.13
0.00
33,000.13

0.00
0.00
0.00

407.18
23.50
441.16
288.92
264.33
14,144.85

6,984.43

1,285.00
3,945.00
198.87

290.00
0.00
16.46

0.00

2,284.16

0.00
0.00
0.00

0.00
2,284.16

2,284.16

YTD Actual

223,893.07

160,360.73

9,208.32
3,333.32

5,011.17
2,000.00

140,807.92

54,615.70

2,500.00
33,349.62
666.68
36,516.30

916.68
833.32
1,750.00

250.00
83.32
500.00
500.00
250.00
16,349.40

7,313.80

1,300.00
4,569.00
333.32

83.32
333.32
333.32

500.00

8,916.64

833.32
833.32
1,666.64

166.68
7,250.00

7,083.32

YTD Budget

-25,586.97

-11,483.77

6,671.48
-3,333.32

-192.67
-894.37

-13,734.89

-7,470.72

0.00
-2,849.49
-666.68
-3,516.17

-916.68
-833.32
-1,750.00

157.18
-59.82
-58.84
-211.08
14.33
-2,204.55

-329.37

-15.00
-624.00
-134.45

206.68
-333.32
-316.86

-500.00

-6,632.48

-833.32
-833.32
-1,666.64

-166.68
-4,965.84

-4,799.16

YTD Variance

88.57%

92.84%

172.45%
0.0%

96.16%
55.28%

90.25%

86.32%

100.0%
91.46%
0.0%
90.37%

0.0%
0.0%
0.0%

162.87%
28.21%
88.23%
57.78%
105.73%
86.52%

95.5%

98.85%
86.34%
59.66%

348.06%
0.0%
4.94%

0.0%

25.62%

0.0%
0.0%
0.0%

0.0%
31.51%

32.25%

Percent

Lake Merritt Uptown District Association

February 2016 Expenses
Variance Explanation

1,301,514.01

962,164.59

Page 1 of 1

30,066.97
12,000.00 Includes 50% of monthly parking fees.
Includes payments for hanging plant program and street level
55,250.00 planter replanting. W/in annual budget.
20,000.00

844,847.62 Underspend due to December 2015 invoice paid in January.

285,849.42

2,500.00
200,097.62
4,000.00
206,597.62

5,500.00
5,000.00
10,500.00

1,500.00
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 credit for overbilling.
2,000.00

500.00 Includes IT support for office computers. W/in annual budget.

2,000.00
2,000.00

3,000.00

53,500.00

5,000.00 Event to be held in August.

5,000.00
10,000.00

1,000.00
43,500.00

Includes purchase of FB ads and design and production of

42,500.00 Annual Report.

Ann. Budget

AGREEMENT
BETWEEN
THE CITY OF OAKLAND
AND
THE DOWNTOWN OAKLAND ASSOCIATION AND LAKE MERRITT/UPTOWN
DISTRICT ASSOCIATION
FOR THE BROADWAY SHUTTLE

This Agreement is entered into by and among the City of Oakland, a municipal corporation
(City), the Downtown Oakland Association, and the Lake Merritt/Uptown District Association
(together, the CBDs), as of the ___ day of ____________, 2016.
SECTION I
RECITALS
1.

On August 25, 2010, the City and the CBDs entered into an agreement whereby the CBDs
became a $32,000 sponsor of Year 1 of the City of Oakland Free Broadway Shuttle (the
Broadway Shuttle).

2.

On August 10, 2011, the City and the CBDs entered into an agreement whereby the CBDs
became a $32,000 sponsor of Year 2 of the Broadway Shuttle.

3.

On May 14, 2012, the City and the CBDs entered into an agreement whereby the CBDs
became a $32,000 sponsor of Year 3 of the Broadway Shuttle.

4.

On May 19, 2013, the City and the CBDs entered into an agreement whereby the CBDs
became a $32,000 sponsor of Year 4 of the Broadway Shuttle.

5.

On March 21, 2014, the City and the CBDs entered into an agreement whereby the CBDs
became a $36,000 sponsor of Year 5 of the Broadway Shuttle.

6.

On May 15, 2015, the City and the CBDs entered into an agreement whereby the CBDs
became a $36,000 sponsor of Year 6 of the Broadway Shuttle.

7.

The Broadway Shuttle improves the vitality of the Downtown, Lake Merritt and Uptown
districts by improving accessibility into and within these districts, and promoting the growth
of local restaurants and other businesses.

8.

The Broadway Shuttle makes office tenant spaces more attractive for prospective
companies by connecting BART, Jack London Amtrak and the Ferry stations to office
buildings, places of business and other destinations.

9.

The City and the CBDs wish to continue to support the Broadway Shuttle Day Operations
(Monday-Friday 7am-7pm) and to commence supporting the Broadway Shuttle Night
Operations (Monday-Thursday 7pm-10pm, Friday 7pm-1am, and Saturday 6pm-1am).

Agreement between City of Oakland and Downtown Oakland & Lake Merritt/Uptown District Associations
Page 1

10. Under a Transit Service Agreement, dated July 2014 (the Transit Service Agreement), by
and between the City and Alameda-Contra Costa Transit District (AC Transit), AC
Transit has agreed to operate the Broadway Shuttle at frequencies of approximately 11minutes during peak hours and approximately 16-minutes during off-peak hours (peak and
off-peak hours defined below).
11. The City will continue to make every attempt to continue all Night Operations service
Monday-Saturday.
NOW, THEREFORE, for good and valuable consideration, the parties hereby agree as follows:

SECTION II
PARTY OBLIGATIONS
1.

The term of this Agreement is one (1) year, from January 1, 2016 to December 31, 2016.

2.

The Broadway Shuttle service shall remain in effect until at least December 31, 2016.

3.

The CBDs shall pay thirty-six thousand dollars ($36,000) to the City on or earlier than
December 15, 2015 to support Shuttle operations, administration and marketing. This
payment shall be payable to the City of Oakland and mailed to:
Attention: Zach Seal
City of Oakland
250 Frank H Ogawa Plaza, Suite #3315
Oakland, CA 94612

4.

The Broadway Shuttle service peak hours shall be defined as: 7:00am-9:00am; 11:00am1:00pm; and 5:00pm-7:00pm. The Broadway Shuttle service currently includes 19 total
stops, including 13 stops within the Downtown Oakland Association and Lake
Merritt/Uptown District Association boundaries. No modifications to the Broadway Shuttle
route, service hours or frequency shall be made without prior notice and input from the
CBDs.

5.

The City reserves the right to terminate its Transit Service Agreement if the Broadway
Shuttle service is not meeting the Citys expectations for customer service and/or
performance. However, if the Transit Service Agreement is terminated, the City shall make
reasonable attempts to secure a new Transit Service Agreement with a different operator
prior to the conclusion of AC Transits service in order to ensure that there is no
interruption in the Broadway Shuttle service.

6.

In the event that the City terminates the Transit Service Agreement and enters into a new
agreement with a different operator to provide the Shuttle service within the term of this
Agreement, the CBDs funding obligation under this Agreement shall remain in effect.

Agreement between City of Oakland and Downtown Oakland & Lake Merritt/Uptown District Associations
Page 2

7.

If the Transit Service Agreement is terminated prior to the end of the term of this
Agreement, and the City does not enter into a new agreement with a different operator to
provide the Broadway Shuttle service within the term of this Agreement, or if the City
otherwise terminates or materially reduces the Daytime Operations of the Broadway Shuttle
service during the term, the City shall refund to the CBDs a prorated amount of the CBDs
payments made under this Agreement. This section does not limit any other remedy
available to a Party under this agreement.

8.

The City shall make every reasonable attempt to prominently place each of the two CBDs
logos on all Shuttle marketing and promotional materials, including brochures, posters and
website; place the CBDs logos on the exterior of the Broadway Shuttle vehicles; and
mention the CBDs as a Broadway Shuttle sponsor in press releases.

9.

Upon request from the CBDs, the City shall share quarterly ridership data summaries for the
Broadway Shuttle using Automated Passenger Counter with infrared technology. Ridership
data can include trip data broken down by hour, days of the week and Shuttle stop.

10. Upon request from the CBDs, the City shall share quarterly on-time performance data
summaries for the Broadway Shuttle using the Automated Vehicle Location (AVL) system.
Reports shall include the number of occurrences that buses depart a timed stop more than
one minute early, and arrive at a timed stop more five minutes late.
11. This Agreement may only be changed, modified or extended by written agreement of all
parties.
12. The City shall indemnify, defend, and hold harmless the CBDs, their directors, officers,
employees, and agents against any and all suits, claims or actions of any sort or nature,
including but not limited to injuries to or death of any persons, or for loss of or damage to
any property (including costs of attorneys fees) arising out of the Citys performance under
this Agreement, or the Citys failure to comply with any of its obligations contained herein,
except any such injury, loss or damage caused by the negligence or willful misconduct of
the CBDs. The City further agrees to defend any and all such actions, suits or claims and
pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in
connection therewith; and if any judgment be rendered against the CBDs or any of the other
individuals enumerated above in any such action, the City at its expense shall satisfy and
discharge the same. This indemnity shall survive the termination of the Agreement.
13. All of the terms, provisions and conditions of the Agreement hereunder shall be binding
upon and inure to the parties hereto and their respective successors, assigns and legal
representatives. Notwithstanding the preceding sentence, no party shall assign or transfer its
interest in this Agreement without the written consent of the other parties.
14. This Agreement contains the entire agreement of the parties with respect to matters
addressed herein, and supersede any prior negotiations. All prior or contemporaneous
agreements, understandings, representations, and statements are merged into this Agreement
and are of no further force or effect. Every provision of this Agreement is intended to be
severable. If any provision of this Agreement is held invalid, illegal, or unenforceable by a
Agreement between City of Oakland and Downtown Oakland & Lake Merritt/Uptown District Associations
Page 3

10

court of competent jurisdiction, the validity, legality, and enforceability of the remaining
provisions shall not be affected or impaired.
15. This Agreement may be signed in multiple counterparts, which, when signed by all parties,
will constitute a binding agreement.
16. Nothing in this Agreement shall be deemed to create a partnership or agency relationship
between the CBDs and the City. Neither the CBDs nor the City shall do or suffer to be
done anything whereby it may be represented as a partner or agent of the other, nor make
any representation on behalf of the other or hold itself out as being able to bind the other
in any way.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth
above.
FOR CBDs

FOR THE CITY

Deborah Boyer, President, Lake

Merritt/Uptown District Association

Mark Sawicki, Director, Economic &

Workforce Development

Michelle Lane, President, Downtown Oakland

Association

Approved as to form and legality:

Deputy City Attorney

#630295.2

Agreement between City of Oakland and Downtown Oakland & Lake Merritt/Uptown District Associations
Page 4

11

Broadway Shuttle Budget 2016

Cost
Daytime
M-F 7am-7pm
Weekday Evening
M-Th 7pm-10pm
Weekend Night
Fri 7pm-1am & Sat 6pm-1am
Production of B Shuttle bus stop signs, sidewalk decals, vehicle wraps, brochures,
restaurant guides, posters

$632,460
$150,894
$171,561
$15,000
$969,915

Funding Sources
Agency
Bay Area Air Quality Management District
Alameda County Transportation Commission
Metropolitan Transportation Commission
Jack London Square
Downtown & Lake Merritt-Uptown CBDs
Jack London Improvement District
Uptown Apartments (Forest City)
SF Bay Ferry

Program
Transportation Fund For Clean Air
Transportation Fund For Clean Air
Lifeline Transportation
B Shuttle Sponsor
B Shuttle Sponsor
B Shuttle Sponsor
B Shuttle Sponsor
B Shuttle Sponsor

$186,500
$180,000
$375,335
$132,080
$36,000
$20,000
$30,000
$10,000
$969,915

12

Broadway Shuttle Ridership 2015

Quarterly Weekday Day Ridership
Mon-Fri 7am-7pm
Quarter
Daily Average
Jan-March 2015
2,645
April-June 2015
2,731
July-Sept 2015
2,537
Oct-Dec 2015
2,384
Average
2,574
Weekdays per year*
252
Total
648,711
Quarterly Weekday Night Ridership
Mon-Fri 7pm-10pm
Quarter
Daily Average
Jan-March 2015
220
April-June 2015
212
July-Sept 2015
422
Oct-Dec 2015
350
Average
301
Weekdays per year*
252
Total
75,852
Quarterly Weekend Night Ridership
Fri 10pm-1am & Sat 6pm-1am
Quarter
Daily Average
Jan-March 2015
823
April-June 2015
684
July-Sept 2015
1,015
Oct-Dec 2015
736
Average
815
Weekends per year*
52
Total
42,354
Total Ridership 2015

766,917

*Excludes holidays when B Shuttle did not operate