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From:

To:
Cc:
Subject:
Date:
Attachments:

Lane, Patrick
Ed Hammonds
Li, Hui Chang
12th Street Remainder Parcel
Friday, January 04, 2013 4:30:42 PM
1200 Lakeshore RFP Letter.pdf
RFP 12th St Remainder Parcel Dec 2012.pdf

As I discussed in my email last month, the Council directed staff to issue a mini-Request for
Proposals (RFP) to anyone that has shown any interest in the 12th Street Remainder Parcel. I know
that you told me that you were not interested in development, only surface parking, but I am still
forwarding you the RFP per council direction. Can you confirm if you are or are not interested?

Patrick Lane [mailto:pslane@oaklandnet.com]


Redevelopment Manager, City Of Oakland
Office of Neighborhood Investment
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
tel (510) 238-7362
fax (510) 238-3691

From:
To:
Cc:
Subject:
Date:

Michael E. Johnson
Merlin Edwards
Li, Hui Chang; Ronnie Turner; Michael Pyatok; Peter Waller
Re: 12th St Parcel - OUTREACH LIST
Tuesday, August 20, 2013 9:42:28 PM

Thx Merlin. Hope to see you on Thurs. MJ


Michael E. Johnson
President
UrbanCore-Integral, LLC
457 10th Street
San Francisco, CA 94103
(415) 748-2300 - Cell
(415) 553-4022 - Office
On Aug 20, 2013, at 9:22 PM, Merlin Edwards <meko11@pacbell.net> wrote:
I have been in conversation with Councilmember Pat Kernighan and her staff. I
have received a list of community groups and the contact informationfor them.
As we move forward we willput in place a plan that will be develop by the
Urban Core team. I the organizations listed below are not on the list we will be
sure to incorporate them on to my list.

Merlin
From: Michael E. Johnson <mjohnson@urbancorellc.com>
To: "Li, Hui Chang" <HLi@oaklandnet.com>
Cc: Ronnie Turner <RTdevelops@comcast.net>; Merlin Edwards
<meko11@pacbell.net>; Michael Pyatok <mpyatok@pyatok.com>; Peter Waller
<pwaller@pyatok.com>
Sent: Tuesday, August 20, 2013 5:34 PM
Subject: Re: 12th St Parcel - OUTREACH LIST

Hui Chang, thanks for all the info. I will review it all with our team at our
Thursday mtg. We will contact the various groups as appropriate. Then we will
get back to you with a proposed approach. Thx, Michael
Michael E. Johnson
President
UrbanCore-Integral, LLC
457 10th Street
San Francisco, CA 94103
(415) 748-2300 - Cell
(415) 553-4022 - Office
On Aug 20, 2013, at 5:19 PM, "Li, Hui Chang" <HLi@oaklandnet.com> wrote:

Michael,

[This is the 3rd email I am sending you containing contact info for
outreach of the first public meeting for the 12 th St Parcel].

Attached is the e/mailing information for all the people who were either
interested in the Schilling Gardens project or commented on the EIR.

(Background: Schilling Gardens is the project adjacent to Snow Park.


Opponents/historic preservation types/anti-high rise types of this
project were asking for the City to swap this site for the 12 th St Parcel in
order to save the gardens/ prevent development on the gardens.
http://oaklandwiki.org/Schilling_Gardens
Note: some on the attached mailing list might be ones who would be
opposed to development on the 12 th St parcel too).

Heather Klein, (Planner for the Schlling Gardens site) recommends that at
a minimum that the following folks be notified:
Oakland Heritage Alliance
info@oaklandheritagealliance.org 446 17 th Street, Suite 301,
Oakland CA 94612
Coalition of Advocates for Lake Merritt c/o 251 Wayne
Ave, Oakland CA 94612
Golden Gate Audubon Society 2530 San Pablo Ave, Suite
G, Berkeley, CA 94702

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hui-Chang Li
Urban Economic Analyst

Office of Neighborhood Investment


City of Oakland
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
Tel 510-238-6239

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From:
To:
Cc:
Subject:
Date:

Li, Hui Chang


"Michael E. Johnson"; Merlin Edwards
Ronnie Turner; Michael Pyatok; Peter Waller
RE: 12th St Parcel - OUTREACH LIST
Wednesday, August 21, 2013 5:47:00 PM

Sounds good, Merlin, and look forward to hearing back about how you all decide to proceed.

Just to summarize:

Here are the 5 sources for key contacts I am passing on to your team:
1) District 2 Office (Merlin also got this info directly from Jennie)
2) District 3 Office (Cleveland Heights list-serve: stevemawoodys@gmail.com and D3 listserve: bcook@oaklandnet.com)
3) Lake Merritt Station Area Plan contacts
4) Schilling Gardens Contact
5) Property owners within 1 mile around the site I will provide this to you next week.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hui-Chang Li
Urban Economic Analyst

Office of Neighborhood Investment


City of Oakland
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
Tel 510-238-6239

From: Michael E. Johnson [mailto:mjohnson@urbancorellc.com]


Sent: Tuesday, August 20, 2013 9:42 PM
To: Merlin Edwards
Cc: Li, Hui Chang; Ronnie Turner; Michael Pyatok; Peter Waller
Subject: Re: 12th St Parcel - OUTREACH LIST

Thx Merlin. Hope to see you on Thurs. MJ


Michael E. Johnson
President
UrbanCore-Integral, LLC
457 10th Street
San Francisco, CA 94103
(415) 748-2300 - Cell
(415) 553-4022 - Office

On Aug 20, 2013, at 9:22 PM, Merlin Edwards <meko11@pacbell.net> wrote:


I have been in conversation with Councilmember Pat Kernighan and her staff. I
have received a list of community groups and the contact informationfor them.
As we move forward we willput in place a plan that will be develop by the
Urban Core team. I the organizations listed below are not on the list we will be
sure to incorporate them on to my list.


Merlin

From: Michael E. Johnson <mjohnson@urbancorellc.com>


To: "Li, Hui Chang" <HLi@oaklandnet.com>
Cc: Ronnie Turner <RTdevelops@comcast.net>; Merlin Edwards
<meko11@pacbell.net>; Michael Pyatok <mpyatok@pyatok.com>; Peter Waller
<pwaller@pyatok.com>
Sent: Tuesday, August 20, 2013 5:34 PM
Subject: Re: 12th St Parcel - OUTREACH LIST

Hui Chang, thanks for all the info. I will review it all with our team at our
Thursday mtg. We will contact the various groups as appropriate. Then we will
get back to you with a proposed approach. Thx, Michael
Michael E. Johnson
President
UrbanCore-Integral, LLC
457 10th Street
San Francisco, CA 94103
(415) 748-2300 - Cell
(415) 553-4022 - Office

On Aug 20, 2013, at 5:19 PM, "Li, Hui Chang" <HLi@oaklandnet.com> wrote:
Michael,

[This is the 3rd email I am sending you containing contact info for
outreach of the first public meeting for the 12th St Parcel].

Attached is the e/mailing information for all the people who were
either interested in the Schilling Gardens project or commented on
the EIR.

(Background: Schilling Gardens is the project adjacent to Snow


Park. Opponents/historic preservation types/anti-high rise types of
this project were asking for the City to swap this site for the 12th St
Parcel in order to save the gardens/ prevent development on the
gardens.
http://oaklandwiki.org/Schilling_Gardens
Note: some on the attached mailing list might be ones who would be
opposed to development on the 12th St parcel too).

Heather Klein, (Planner for the Schlling Gardens site) recommends


that at a minimum that the following folks be notified:
Oakland Heritage Alliance info@oaklandheritagealliance.org
446 17th Street, Suite 301, Oakland CA 94612
Coalition of Advocates for Lake Merritt c/o 251 Wayne
Ave, Oakland CA 94612

Golden Gate Audubon Society 2530 San Pablo Ave, Suite


G, Berkeley, CA 94702

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hui-Chang Li
Urban Economic Analyst

Office of Neighborhood Investment


City of Oakland
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
Tel 510-238-6239

<mime-attachment>
<ER06-0009-300' list 10-4-11.doc>
<Mailing Labels.doc>

From:
To:
Cc:
Subject:
Date:

Hunter, Gregory
Lane, Patrick
Li, Hui Chang; Hillmer, J H
RE: 12th Street Remainder Parcel
Monday, January 07, 2013 11:12:21 AM

Ive reached out to Carlos and explained the Agencys limited authority to accept proposals on the
site and advised him that if City Council expanded our authority we would contact him (EBALDC).

From: Lane, Patrick


Sent: Monday, January 07, 2013 10:01 AM
To: Hunter, Gregory
Cc: Li, Hui Chang; Hillmer, J H
Subject: Fwd: 12th Street Remainder Parcel

How should we respond to this? Are we interested in affordable housing?


Sent from my iPhone
Patrick Lane
Begin forwarded message:
From: Ed Hammonds <ehammonds@ebaldc.org>
Date: January 7, 2013, 9:57:15 AM PST
To: "PSLane@oaklandnet.com" <PSLane@oaklandnet.com>
Subject: FW: 12th Street Remainder Parcel

From: Ed Hammonds
Sent: Monday, January 07, 2013 9:38 AM
To: 'PSLand@oaklandnet.com'
Cc: Carlos Castellanos
Subject: RE: 12th Street Remainder Parcel

Hello Patrick:

Thanks for your e-mail. When I initially inquired about the 12 th Street Remainder
Parcel, in my capacity as an Asset Manager, I was representing the owners of 1200
Lakeshore Ave. I have recently accepted a position as the Director of Commercial Real
Estate for the East Bay Asian Local Development Corporation (EBALDC). As developers
of affordable housing and mixed use properties, EBALDC does have interest in
developing the remainder parcel. I am forwarding the information on the remainder
parcel to Carlos Castellanos, EBALDCs Director of Real Estate Development.

Thanks for keeping in touch and please keep me abreast of any new developments.

Ed Hammonds

Acting Director of Commercial Real Estate


East Bay Asian Local Development Corporation
DRE license #00467162

Preservation Park (Jacobs Building)


663 13th Street, Suite 100
Oakland, CA 94612

(510) 287-5353 x328 office


(510) 917-2858 cell
ehammonds@ebaldc.org

From: Ed Hammonds [mailto:ed@1200lakeshore.com]


Sent: Friday, January 04, 2013 5:56 PM
To: Ed Hammonds
Subject: FW: 12th Street Remainder Parcel

From: Lane, Patrick [mailto:PSLane@oaklandnet.com]


Sent: Friday, January 04, 2013 4:31 PM
To: Ed Hammonds
Cc: Li, Hui Chang
Subject: 12th Street Remainder Parcel

As I discussed in my email last month, the Council directed staff to issue a miniRequest for Proposals (RFP) to anyone that has shown any interest in the 12th Street
Remainder Parcel. I know that you told me that you were not interested in
development, only surface parking, but I am still forwarding you the RFP per council
direction. Can you confirm if you are or are not interested?

Patrick Lane [mailto:pslane@oaklandnet.com]


Redevelopment Manager, City Of Oakland
Office of Neighborhood Investment
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
tel (510) 238-7362
fax (510) 238-3691

From:
To:
Cc:
Subject:
Date:
Attachments:

Michael Johnson
Li, Hui Chang
Hunter, Gregory; Ronnie Turner; Faye Paulson; Liz Beaubois; Vicki Lundy Wilbon; Lane, Patrick; Ferracane,
Christina; Amon Martin; Christopher H. Martorella
Re: E 12 Street Property - DRAFT ENA
Wednesday, May 22, 2013 4:39:30 PM
Schedule of Performance_5-22-13.xlsx

All, please see the attached we prepared which reorganized the tasks into a sequence we
believe is appropriate to advance the project with you. This is a draft, and in particular
we want to make sure we are coordinatingour enviromental review tasks as needed with
the preparation of the DEIR, etc.Thanks, and we look forward to meeting with you on
Friday. Regards, Michael

On Wed, May 22, 2013 at 3:02 PM, Li, Hui Chang <HLi@oaklandnet.com> wrote:
Hi Michael et al.,

This email confirms our meeting this Friday, May 24 th at 9:30 am. Please come to Suite 5313 of
250 Frank Ogawa Plaza. We will be meeting in the Dunsmuir Conference Room.

In attendance on the Citys side will be me, Patrick Lane and a long-range planner, Christina
Ferracane, who is working on the Lake Merritt Station Area Plan. (Patrick has asked that a zoning
planning staff be assigned to this project and we are awaiting for that assignment and hopefully
that person will be in
attendance at the meeting as well).

As I understand it, the main purpose of our meeting is to discuss the ENA performance schedule
and assumptions and answer any questions the development team may have. For everyones easy

reference, I am attaching again the Citys proposed performance schedule that assumes a 1-yr
ENA period and a July 2nd execution date (please note the two tabs). Michael, if you could reply
back before our meeting with your modified schedule, that would be great.

Right now, this item (i.e. Authorization for an ENA with UrbanCore-Integral for development of
12 th Street Remainder Parcel) is scheduled on the CED Committees June 25 th agenda. (We
may also want to discuss any opposition to this ENA that we can anticipate coming up during Open
Forum).

Feel free to contact me with questions.

Thank you,

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hui-Chang Li
Uban Economic Analyst

Office of Neighborhood Investment


City of Oakland
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
Tel 510-238-6239

From: Michael Johnson [mailto:mjohnson@urbancorellc.com]


Sent: Tuesday, May 21, 2013 2:41 PM
To: Li, Hui Chang
Cc: Hunter, Gregory; Hillmer, J H; Ronnie Turner; Faye Paulson; Liz Beaubois; Vicki Lundy Wilbon
Subject: Re: E 12 Street Property - DRAFT ENA

Hui Chang, we are in the process of reviewing the ENA and Schedule
drafts. We have prepared an alternative schedule with some
adjustments to the milestones. We would like to meet with you, Jens

and Patrick to discuss the schedule and assumptions (we will send out
draft before the meeting FYR). Are you available on Friday May 24th
between 9am - 12:00pm or Monday May 27th between 9am 12:00pm. We will also send a separate email with any initial redline
comments to the ENA document by Monday May 27th as well, which I
don't anticipate will be substantial. Thanks, Michael

On Thu, May 9, 2013 at 5:23 PM, Li, Hui Chang <HLi@oaklandnet.com> wrote:
Michael,

Attached is the ENA draft that has been reviewed by the City Attorneys office. There are no
substantive changes in this version compared to what I sent you earlier. The proposed schedule
remains essentially the same. However, please review this attached draft and record any
comments, questions, or proposed modifications using the track changes function and email
back to me.

At this point, I am aiming to get this item (i.e. Authorization for an ENA with UrbanCore-Integral
for development of 12 th Street Remainder Parcel) scheduled on the CED Committee June 25 th
agenda and will begin to draft the staff report to City Council. I might be calling on you for
information, if needed, for the purposes of writing the report. A draft of our ENA will be included
as an Attachment to the staff report, so we should have a substantially agreed upon ENA by May
30 th, (which is when the staff report is due for me.)

I will continue to keep you posted on the staff report schedule as things develop.


I am also attaching an updated Schedule of Performance that assumes a July 2nd ENA execution
date.

Let me now if you have any questions,

Thanks!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hui-Chang Li
Uban Economic Analyst

Office of Neighborhood Investment


City of Oakland
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
Tel 510-238-6239

From: Li, Hui Chang


Sent: Tuesday, May 07, 2013 3:10 PM
To: 'Michael Johnson'
Cc: Hunter, Gregory; Lane, Patrick
Subject: CORRECTION RE: E 12 Street Property - DRAFT ENA

Michael,

I found out that I need to correct statements I wrote in my email from last week.

th

Apparently, the 12 Street parcel *is* part of the State clawback order from the Controller . This
means that the transaction for the purchase of this property by the Redevelopment Agency from
the City will need to be reversed. The property will no longer be under the control of ORSA and
so this property will not be a part of the Property Management Plan, but will instead be returned
to the City.

As far as what this means for our ENA, it means we will remove references to ORSA, Property
Management Plan and Redevelopment Agency. Though we wont need to wait for Property
Management Plan approval before staff can seek ENA authorization from City Council, we still
need to wait for a Finding of Completion. (It seems because the funds to be returned to ORSA for
the Property transfer will be part of the payments ORSA will need to make to State before a
Finding of Completion can be issued). The Finding of Completion is expected in May, and I will
keep you updated about that.

However, all this doesnt change my expectation that the earliest we can take this to City Councils
CED Committee is July 9th, followed by a City Council vote on Tuesday, July 16 th.(Again, if it can
be earlier, I will let you know.)

Also, in regards to the Citys plans for the open space adjacent to the subject property, I spoke to
City staff and found out that there is no additional landscaping planned other than maintenance
of existing pond and grass seeding. Let me know if you have other questions about this.

Thank you,

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hui-Chang Li
Uban Economic Analyst

Office of Neighborhood Investment


City of Oakland
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
Tel 510-238-6239


From: Li, Hui Chang
Sent: Friday, May 03, 2013 5:18 PM
To: 'Michael Johnson'
Cc: Hunter, Gregory; Lane, Patrick
Subject: RE: E 12 Street Property - DRAFT ENA

Hi Michael,

(First background once again.:-) The City received its DDR last week and we are now awaiting a
Meet & Confer meeting with the State about the amount demanded before the City makes a
payment. Once the DDR payment is made, the City expects to receive its Finding of Completion.
And only after the Finding of Completion can the City get the "Property Management Plan"
(which designates 12th St Remainder as parcel to be disposed for future development) approved
by the Oakland Oversight Board an States Department of Finance.

After approval of the Property Management Plan, then staff will return to City Council to seek
authorization to enter into an ENA with
UrbanCore-Integral for 12th St. Parcel. At this time, the earliest staff can expect to be scheduled
for City Councils CED Committee is July 9th, followed by a City Council vote on Tuesday, July
16 th. (If things change and it can be sooner, I will surely try for that and let you know!).

Attached is a ENA document I *drafted* that is pending approval from the City Attorneys office
but I am sending to you now for your (/ attorneys) review, comments, and questions. For your
easy reference, I have summarized the proposed Schedule of Performance in the attached
Excel document sorted by 1) Deliverable Type and 2) Due Date (see two worksheets).

Please comment directly onto the attached draft of the ENA and propose modifications or
make comments and record using Track Changes and email back to me. I expect us to go
back and forth via email a few times and, of course, can meet/discuss as well if necessary.

We should aim to finalize/agree on the language and the schedule of the ENA between now and
before the Property Management Plan is scheduled for approval (I will let you know that date
once I get it, but right now is expected to be in May).

Let me know if you have any questions.

Thank you,

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hui-Chang Li
Uban Economic Analyst

Office of Neighborhood Investment


City of Oakland
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
Tel 510-238-6239

From: Michael Johnson [mailto:mjohnson@urbancorellc.com]


Sent: Wednesday, April 17, 2013 11:02 AM
To: Li, Hui Chang
Cc: Hunter, Gregory; Lane, Patrick; Ronnie Turner
Subject: Re: E 12 Street Property

Thank you for this notification. We are very pleased to be selected and
are committed to developing a great project. I understand the steps
you outlined. We will await the draft ENA. Thanks, Michael


On Tue, Apr 16, 2013 at 5:52 PM, Li, Hui Chang <HLi@oaklandnet.com> wrote:
Hi Michael,
Good news! The City Council accepted staff's recommendation to select
your development team to proceed with an ENA for development of the 12th
St Remainder Parcel.
Let me outline some next steps....
1. The City is now awaiting a "Due Diligence Review" (DDR) determination
from the Department of Finance (DOF) which is due this month. (The DDR
determines the amount in former ORA accounts to be distributed to taxing
entities.)
2. After the DDR amount demanded is paid, then DOF can issue the
Successor Agency a "Finding of Completion" .
3. After the City/Successor Agency receives a Finding of Completion,
then staff can submit a "Property Management Plan", which will designate
12th St Remainder as parcel to be disposed for future development, for
approval by the Oversight Board an DOF.
4. After approval of the Property Management Plan, then staff will
return to City Council to seek authorization to enter into an ENA with
UrbanCore-Integral for 12th St. Parcel.
I will start drafting the ENA document, etc. before sending you a draft
for your review and comments. I will aim to get you a draft in the next
2 weeks. We should aim to finalize/agree on the language and the
schedule of the ENA between now and #4 above so that once the Property
Management Plan is approved, the actual ENA is ready to go for Council
Approval.
Let me know if you have any questions.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hui-Chang Li

Office of Neighborhood Investment


City of Oakland
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
Tel 510-238-6239
-----Original Message----From: Li, Hui Chang
Sent: Friday, April 12, 2013 3:13 PM
To: 'Michael E. Johnson'
Cc: Hunter, Gregory; Lane, Patrick; Ronnie Turner
Subject: RE: E 12 Street Property
Hi Michael,
Thanks for checking. The report to Council is finalized and is on the
close session agenda for this coming Tuesday. I will be sure to let you
know the outcome of that meeting after it happens.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hui-Chang Li
Office of Neighborhood Investment
City of Oakland
250 Frank H. Ogawa Plaza, Suite 5313
Oakland CA 94612
Tel 510-238-6239
-----Original Message----From: Michael E. Johnson [mailto:mjohnson@urbancorellc.com]
Sent: Friday, April 12, 2013 1:09 PM
To: Li, Hui Chang
Cc: Hunter, Gregory; Lane, Patrick; Ronnie Turner
Subject: E 12 Street Property
Good afternoon, I am just checking in with you on the status of your
report to the Council. Please advise us if you need anything else and
what your schedule is? Thx, Michael
Michael E. Johnson
President
UrbanCore-Integral, LLC
457 10th Street
San Francisco, CA 94103
(415) 748-2300 - Cell
(415) 553-4022 - Office

From:
To:
Cc:
Subject:
Date:

Gray, Neil D.
Michael Johnson
Ronnie Turner; Li, Hui Chang; Lane, Patrick
RE: FW: 12th St Remainder - Design Review Committee & Planning ?
Tuesday, February 17, 2015 12:23:02 PM

Hi Michael,

There is a provision in the LMSP that I came across today that you should be aware of. Section
17.116.110(D)(1) of the Planning Code requires an in-lieu fee for reduced parking. I will try to pin
down exactly what the fee is.

--Neil

Neil Gray, Planner III | City of Oakland | Bureau of Planning | 250 Frank H. Ogawa, Suite 2114
|Oakland, CA 94612 | Phone: (510)238-3878| Fax: (510) 238-4730 | Email: ngray@oaklandnet.com |
Website: www.oaklandnet.com/planning

From: Michael Johnson [mailto:mjohnson@urbancorellc.com]


Sent: Thursday, February 12, 2015 12:49 PM
To: Li, Hui Chang; Lane, Patrick
Cc: Gray, Neil D.; Ronnie Turner; Merlin Edwards; Brad Flewellen; Mike Pyatok; Dan Hogman; Austin,
Doug; Pattillo, Chris
Subject: Re: FW: 12th St Remainder - Design Review Committee & Planning ?

Hui Change, Patrick: this is a follow-up to the PRAC meeting last night.
As you may know from Neil already, the matter is being passed on to the
Planning Commission without a recommendation. There were only 8 of
the 11 members there last night. 5 voted YES, 1 voted NO, and 2
abstained. They needed 6 Yes to pass on a recommendation. Better
result than a NO.

As for the attendance, there were 4 people there complaining about not
being notified about the project. The meeting was ONLY to approved the
Conditional Use Permit for the Park, but the 4 people also discussed their
desire for affordable housing and a different design of the park.

We will continue to do community outreach in support of our project


before it comes to the Planning Comission on March 18th.

As we sort out the land disposition issue, FYI, we have had numerous
meetings with Council Members in advance of the Closed Session Meeting
on Tuesday Feb. 17th, and with City Attorney Barbara Parker. A lot of
good discussion has occurred on the approach and options. It is too
early to figure out what the results will be.

But in the meantime, please confirm with Ed that you want a revised
elevation drawing for staff to review, and confirm that we will be on the
March 18th Planning Commission Agenda ASAP. This is important to

coordinate our community outreach efforts. Regards, Michael

_______________________
Michael E. Johnson, President
UrbanCore Development, LLC
4096 Piedmont Avenue
Suite 313
Oakland, CA 94611
c:(415) 748-2300
e:mjohnson@urbancorellc.com
www.urbancorellc.com
On Tue, Feb 10, 2015 at 6:42 PM, Li, Hui Chang <HLi@oaklandnet.com> wrote:
Hi Michael,
This is to update you on your projects schedule for Planning Commission. I only found out today
that the Design Review Committee that normally occurs on the 4 th Weds of the month got
rescheduled for the 11th in the month of February (instead of 25th ).
What this means is that Neil will skip DRC and will take your project straight to Planning
Commission on March 18th, which is allowable. Ideally, there would be two hearings with
Planning Commission when we think the project might be controversial but in this case, we are
hoping that given the public engagement process that you working on over the last 2 years, it will
be OK to just go straight to Planning Commission.
There is a risk that Planning Commission may want to continue this item for April 1 st , but
hopefully not and I figure we could cross that bridge when we get there
See updated schedule below:
Pre-DDA Milestone
Final CEQA Analysis CE Memo, incorporating any
last comments from City
Parks and Recreation Advisory Committee (PRAC
meets 2nd Weds of the month) to review proposed
park improvement plan for City-owned park adjacent
to LMA.
Design Review Committee of Planning Commission
(4th Weds)
Planning Commission (1st or 3rd Weds of month)
Community Economic Development (CED)
Committee of City Council for DDA approval (meets
4th Tues of the month)
City Council for DDA approval 1 st hearing (meets

Due Date
Feb ?? 2015
(should be
this week)
Feb 11, 2015

Feb 25, 2015


Mar 18, 2015
Mar 24, 2015

Mar 31, 2015

2 nd/5thTues of the month)


City Council for DDA approval 2 nd hearing,
required for Ordinance (meets 2 nd/5thTues of the
month)

Apr 21, 2015

Thanks,
_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: Merkamp, Robert


Sent: Tuesday, February 10, 2015 12:17 PM
To: Li, Hui Chang
Cc: Gray, Neil D.; Lane, Patrick
Subject: RE: 12th St Remainder - Design Review Committee & Planning ?

There is not, we moved it to Feb 11 th as that fit the Committees schedule better. The next meeting
is March 25 th .

Robert D. Merkamp, Development Planning Manager | City of Oakland | Bureau of Planning | 250
Frank H. Ogawa, Suite 2214 |Oakland, CA 94612 | Phone: (510)238-6283| Fax: (510) 238-4730 | Email:
rmerkamp@oaklandnet.com | Website: www.oaklandnet.com/planning

From: Li, Hui Chang


Sent: Tuesday, February 10, 2015 11:59 AM
To: Merkamp, Robert
Cc: Gray, Neil D.; Lane, Patrick
Subject: RE: 12th St Remainder - Design Review Committee & Planning ?

Hi Robert,
Can you please confirm if there will be a DRC meeting on Feb 25th ? The schedule online says
DRC usually occurs on the 4 th Weds of the month but then I see there is a meeting tomorrow so it
is a bit confusing.
I was discussing with Neil about why this project needs stay on the schedule we had discussed and
had agreed to i.e. to go to DRC on the 25th , followed by Planning Commission on March the
18th . As of last Tuesday, Neil and Ed met with Developer and they were told this will be on the
DRC agenda for the 25th - has that changed? Neil says his staff report is pretty much complete and
ready to goAnd this project is already scheduled for PRAC meeting for tomorrow (Feb 11).
The DDA that I am scheduled to take to City Council for sale of this property is contingent on
Planning Commission approval/CEQA review happening first; and the City is counting on this sale
to happen before the end of the fiscal year because the Citys FY 13-15 budget assumed revenues
from this propertys land sale proceeds. This is why it is important to not delay this project.
Thanks,
_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: Gray, Neil D.


Sent: Tuesday, February 10, 2015 9:12 AM
To: Li, Hui Chang
Subject: RE: 12th St Remainder - Design Review Committee & Planning ?

Sorry we cant make the Feb 25 meeting we had to reschedule for March 25. Ill try to make the
next Planning Commission meeting. I have been very busy on other projects.

--Neil

Neil Gray, Planner III | City of Oakland | Bureau of Planning | 250 Frank H. Ogawa, Suite 2114
|Oakland, CA 94612 | Phone: (510)238-3878| Fax: (510) 238-4730 | Email: ngray@oaklandnet.com |
Website: www.oaklandnet.com/planning

From: Li, Hui Chang


Sent: Monday, February 09, 2015 6:46 PM
To: Gray, Neil D.
Subject: 12th St Remainder - Design Review Committee & Planning ?

Hi Neil,
Please confirm that you are scheduling UrbanCores project for Design Review Committee on Feb
25 and Planning Commission on March 18th , as we had discussed.
Thanks,
_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From:
To:
Cc:
Subject:
Date:

Gray, Neil D.
Michael Johnson
Ronnie Turner; Li, Hui Chang; Lane, Patrick
RE: FW: 12th St Remainder - Design Review Committee & Planning ?
Tuesday, February 17, 2015 1:32:40 PM

The in-lieu fee is $20,000 per space. The total number of spaces required is 223.5 (.75 times the
number of units), so you are 14.5 spaces short. Therefore, the total in-lieu fees would be $290,000.
You may want to look at your site plan to determine whether you have maxed out your compact and
intermediate sized space per 17.116.200 of the Planning Code.

Please contact me if you have any questions.

--Neil

Neil Gray, Planner III | City of Oakland | Bureau of Planning | 250 Frank H. Ogawa, Suite 2114
|Oakland, CA 94612 | Phone: (510)238-3878| Fax: (510) 238-4730 | Email: ngray@oaklandnet.com |
Website: www.oaklandnet.com/planning

From: Gray, Neil D.


Sent: Tuesday, February 17, 2015 12:23 PM
To: 'Michael Johnson'
Cc: Ronnie Turner; Li, Hui Chang; Lane, Patrick
Subject: RE: FW: 12th St Remainder - Design Review Committee & Planning ?

Hi Michael,

There is a provision in the LMSP that I came across today that you should be aware of. Section
17.116.110(D)(1) of the Planning Code requires an in-lieu fee for reduced parking. I will try to pin
down exactly what the fee is.

--Neil

Neil Gray, Planner III | City of Oakland | Bureau of Planning | 250 Frank H. Ogawa, Suite 2114
|Oakland, CA 94612 | Phone: (510)238-3878| Fax: (510) 238-4730 | Email: ngray@oaklandnet.com |
Website: www.oaklandnet.com/planning

From: Michael Johnson [mailto:mjohnson@urbancorellc.com]


Sent: Thursday, February 12, 2015 12:49 PM
To: Li, Hui Chang; Lane, Patrick
Cc: Gray, Neil D.; Ronnie Turner; Merlin Edwards; Brad Flewellen; Mike Pyatok; Dan Hogman; Austin,
Doug; Pattillo, Chris
Subject: Re: FW: 12th St Remainder - Design Review Committee & Planning ?

Hui Change, Patrick: this is a follow-up to the PRAC meeting last night.
As you may know from Neil already, the matter is being passed on to the
Planning Commission without a recommendation. There were only 8 of
the 11 members there last night. 5 voted YES, 1 voted NO, and 2

abstained. They needed 6 Yes to pass on a recommendation. Better


result than a NO.

As for the attendance, there were 4 people there complaining about not
being notified about the project. The meeting was ONLY to approved the
Conditional Use Permit for the Park, but the 4 people also discussed their
desire for affordable housing and a different design of the park.

We will continue to do community outreach in support of our project


before it comes to the Planning Comission on March 18th.

As we sort out the land disposition issue, FYI, we have had numerous
meetings with Council Members in advance of the Closed Session Meeting
on Tuesday Feb. 17th, and with City Attorney Barbara Parker. A lot of
good discussion has occurred on the approach and options. It is too
early to figure out what the results will be.

But in the meantime, please confirm with Ed that you want a revised
elevation drawing for staff to review, and confirm that we will be on the
March 18th Planning Commission Agenda ASAP. This is important to
coordinate our community outreach efforts. Regards, Michael

_______________________
Michael E. Johnson, President
UrbanCore Development, LLC
4096 Piedmont Avenue
Suite 313
Oakland, CA 94611
c:(415) 748-2300
e:mjohnson@urbancorellc.com
www.urbancorellc.com
On Tue, Feb 10, 2015 at 6:42 PM, Li, Hui Chang <HLi@oaklandnet.com> wrote:
Hi Michael,
This is to update you on your projects schedule for Planning Commission. I only found out today
that the Design Review Committee that normally occurs on the 4 th Weds of the month got
rescheduled for the 11th in the month of February (instead of 25th ).
What this means is that Neil will skip DRC and will take your project straight to Planning
Commission on March 18th, which is allowable. Ideally, there would be two hearings with
Planning Commission when we think the project might be controversial but in this case, we are
hoping that given the public engagement process that you working on over the last 2 years, it will
be OK to just go straight to Planning Commission.
There is a risk that Planning Commission may want to continue this item for April 1 st , but
hopefully not and I figure we could cross that bridge when we get there

See updated schedule below:


Pre-DDA Milestone
Final CEQA Analysis CE Memo, incorporating any
last comments from City
Parks and Recreation Advisory Committee (PRAC
meets 2nd Weds of the month) to review proposed
park improvement plan for City-owned park adjacent
to LMA.
Design Review Committee of Planning Commission
(4th Weds)
Planning Commission (1st or 3rd Weds of month)
Community Economic Development (CED)
Committee of City Council for DDA approval (meets
4th Tues of the month)
City Council for DDA approval 1 st hearing (meets

Due Date
Feb ?? 2015
(should be
this week)
Feb 11, 2015

Feb 25, 2015


Mar 18, 2015
Mar 24, 2015

Mar 31, 2015

2 nd/5thTues of the month)


City Council for DDA approval 2 nd hearing,

Apr 21, 2015

required for Ordinance (meets 2 nd/5thTues of the


month)

Thanks,
_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: Merkamp, Robert


Sent: Tuesday, February 10, 2015 12:17 PM
To: Li, Hui Chang
Cc: Gray, Neil D.; Lane, Patrick
Subject: RE: 12th St Remainder - Design Review Committee & Planning ?

There is not, we moved it to Feb 11 th as that fit the Committees schedule better. The next meeting
is March 25 th .

Robert D. Merkamp, Development Planning Manager | City of Oakland | Bureau of Planning | 250
Frank H. Ogawa, Suite 2214 |Oakland, CA 94612 | Phone: (510)238-6283| Fax: (510) 238-4730 | Email:
rmerkamp@oaklandnet.com | Website: www.oaklandnet.com/planning

From: Li, Hui Chang


Sent: Tuesday, February 10, 2015 11:59 AM
To: Merkamp, Robert
Cc: Gray, Neil D.; Lane, Patrick
Subject: RE: 12th St Remainder - Design Review Committee & Planning ?

Hi Robert,
Can you please confirm if there will be a DRC meeting on Feb 25th ? The schedule online says
DRC usually occurs on the 4 th Weds of the month but then I see there is a meeting tomorrow so it
is a bit confusing.
I was discussing with Neil about why this project needs stay on the schedule we had discussed and
had agreed to i.e. to go to DRC on the 25th , followed by Planning Commission on March the
18th . As of last Tuesday, Neil and Ed met with Developer and they were told this will be on the
DRC agenda for the 25th - has that changed? Neil says his staff report is pretty much complete and
ready to goAnd this project is already scheduled for PRAC meeting for tomorrow (Feb 11).
The DDA that I am scheduled to take to City Council for sale of this property is contingent on
Planning Commission approval/CEQA review happening first; and the City is counting on this sale
to happen before the end of the fiscal year because the Citys FY 13-15 budget assumed revenues
from this propertys land sale proceeds. This is why it is important to not delay this project.
Thanks,
_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: Gray, Neil D.


Sent: Tuesday, February 10, 2015 9:12 AM
To: Li, Hui Chang
Subject: RE: 12th St Remainder - Design Review Committee & Planning ?

Sorry we cant make the Feb 25 meeting we had to reschedule for March 25. Ill try to make the
next Planning Commission meeting. I have been very busy on other projects.

--Neil

Neil Gray, Planner III | City of Oakland | Bureau of Planning | 250 Frank H. Ogawa, Suite 2114
|Oakland, CA 94612 | Phone: (510)238-3878| Fax: (510) 238-4730 | Email: ngray@oaklandnet.com |
Website: www.oaklandnet.com/planning

From: Li, Hui Chang


Sent: Monday, February 09, 2015 6:46 PM
To: Gray, Neil D.
Subject: 12th St Remainder - Design Review Committee & Planning ?

Hi Neil,
Please confirm that you are scheduling UrbanCores project for Design Review Committee on Feb

25 and Planning Commission on March 18th , as we had discussed.


Thanks,
_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From:
To:
Cc:
Subject:
Date:

Li, Hui Chang


"Chris Kent"
Michael Johnson; Ronnie Turner; Mike Pyatok; Gray, Neil D.; Pattillo, Chris
RE: FW: Item 9A on 2/11 PRAC agenda
Tuesday, February 10, 2015 6:51:00 PM

Hi Chris,

I think that what you have in mind will work just fine. No need for powerpoint.

Thanks,
_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: Chris Kent [mailto:kent@pgadesign.com]


Sent: Tuesday, February 10, 2015 6:48 PM
To: Li, Hui Chang
Cc: Michael Johnson; Ronnie Turner; Mike Pyatok; Gray, Neil D.; Pattillo, Chris
Subject: Re: FW: Item 9A on 2/11 PRAC agenda

Hui-Chang,
No one talked to us about this. We have prepared large format plan and plant image board
(24x36").
We also have a dozen handouts. Will that suffice?
We hadn't planned on doing a powerpont show.
Chris
Christopher Kent
Principal

ASLA

PGAdesign
LANDSCAPE ARCHITECTS
444 17th Street
Oakland, CA 94612
Direct | 510.550.8851
Main | 510.465.1284
Cell l 510 610 6261
PGAdesign.com

On Tue, Feb 10, 2015 at 6:33 PM, Li, Hui Chang <HLi@oaklandnet.com> wrote:
I think Neil might have already talked to you about presentation to PRAC tomorrow, but just in
case not, see email below.

_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: Boyd, Diane


Sent: Tuesday, February 10, 2015 1:06 PM
To: Li, Hui Chang
Cc: Gray, Neil D.
Subject: RE: Item 9A on 2/11 PRAC agenda

Hi Hui Chang:

Color copies of the drawings and Neils staff report were delivered to me by a member of your team
the week of January 26 th , and subsequently mailed with the full agenda packet to the Parks and
Recreation Advisory Commission.

How the presentation is delivered is completely up to your team. I recommend you confer with Neil
on this as he submitted the report, and am presuming he will make the presentation.

If it is decided that a power point presentation is the way to go, please provide a copy for our
records. We will have a screen and projector made available.

Thanks,

Diane

Diane L. Boyd
Executive Assistant to Director
Audree V. Jones-Taylor
Oakland Parks and Recreation
City of Oakland

250 Frank H. Ogawa Plaza, 3rd Floor, Suite 3330


Oakland, CA 94612
510.238.7532
dboyd@oaklandnet.com
www.oaklandnet.com/parks
Come Out and Play the OPR Way
Where we expose, enlighten and encourage educational excellence through recreational
experiences!


en and encourage educational excellence through recreational experiences!
________________________________________
This message and all attachments are intended only for the recipient(s) listed above and may
contain information that is CONFIDENTIAL AND PRIVILEGED. If you have received this
message in error, please destroy all electronic and paper copies and inform the sender. Thank
you.

From: Li, Hui Chang [mailto:HLi@oaklandnet.com]


Sent: Tuesday, February 10, 2015 11:34 AM
To: Boyd, Diane
Subject: RE: Item 9A on 2/11 PRAC agenda

Hi Diane,

When you get a chance, could you give me a quick call about this or send me email.

Thank you,

_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: Li, Hui Chang


Sent: Friday, February 06, 2015 11:34 AM
To: Boyd, Diane
Subject: Item 9A on 2/11 PRAC agenda

Hi Diane,

I see that the staff report for next Wednesdays PRAC meeting is posted online and that the images
are in black and white and not that great quality.

Do the copies that PRAC members receive look like this too or do they receive color copies?

I am asking b/c I am wondering if it would be helpful for the Developers design team to have
color copies of the landscape plan ready for distribution and/or a powerpoint ready for their
presentation to PRAC ?

What do you recommend?

Thanks,
_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612

Tel: 510.238.6239 Fax: 510.238.3691

From:
To:
Cc:
Subject:
Date:

Leon, Ray T.
Michael Johnson; Mike Pyatok; Peter Waller; Andy Ball; Ronnie Turner; merlin edwards; Hunter, Gregory; Li,
Hui Chang; gspezzano@riverstoneres.com; Gomez, Laine; Lane, Patrick; Leon, Ray T.
Faye Paulson; Eduardo Caceres; Crystal Beverly
Re: Lake Merritt Tower Project
Tuesday, September 24, 2013 4:59:35 PM

Count me in....and thanks...

Sent from my BlackBerry 10 smartphone.


From: Michael Johnson
Sent: Tuesday, September 24, 2013 4:31 PM
To: Mike Pyatok; Peter Waller; Andy Ball; Ronnie Turner; merlin edwards; Hunter, Gregory; Li, Hui
Chang; gspezzano@riverstoneres.com; Gomez, Laine; Lane, Patrick; Leon, Ray T.
Cc: Faye Paulson; Eduardo Caceres; Crystal Beverly
Subject: Lake Merritt Tower Project
All, my partners from Atlanta will be in town on Monday Sep 30th and I would like you to
meet them. I am inviting you to a little reception at my house from 6-8pm on Monday
evening. I hope you will be able to join us. Please RSVP back to my email. Thanks,
Michael

From:
To:
Subject:
Date:

Li, Hui Chang


"Jeffrey Levin"; James Vann
RE: Report of 7/17 Meeting of Meas DD Subcommittee with Developer on LM Blvd "Remainder Parcel"
Thursday, July 31, 2014 5:37:00 PM

Thanks, Jeff.

Buts just to clarify:

there is no City-owned parcel where a DDA would be used.

Actually, in the case of the DDA for the 12th St Remainder Parcel, a City-owned parcel is
involved.

But, yes, I understand that the DDA is the document to be used to


prohibit condo conversion credits and the language to be added to the DDA could mirror the
language that Housing uses in its Regulatory Agreement. I am gathering that such a restriction has
never been added to a DDA for the market-rate sale of City-owned land.

And the question that I am not clear on is if there is an actual City policy (outside of a Regulatory
Agreement or a DDA) that prohibits city-subsidized projects to convert or sell conversion credits. I
understand that this has been City practice but is there an actual City policy (i.e. ordinance, law?)
that I can reference?

_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: Jeffrey Levin [mailto:jeff@ebho.org]


Sent: Thursday, July 31, 2014 4:20 PM
To: James Vann
Cc: Li, Hui Chang
Subject: Re: Report of 7/17 Meeting of Meas DD Subcommittee with Developer on LM Blvd "Remainder
Parcel"

I want to clarify something about which document would be used to prohibit condo
conversion credits.

The HCD affordable housing programs use a Regulatory Agreement because it's tied to
provision of funds (loans/grants) but there is no City-owned parcel where a DDA would be
used. In the case of this parcel, the City would be using a DDA to establish
restrictions/conditions of development, but probably will not be using a Regulatory
Agreement unless financing is also being provided.

In this case, it would be appropriate to add language to the DDA that mirrors the language
that HCD uses in its Regulatory Agreement.


JeffreyP.Levin
Policy Director
East Bay Housing Organizations
538 9th Street, Suite 200 | Oakland, CA 94607
510-663-3830 x316
jeff@ebho.org

NOTE: I am generally in the office only on Monday, Tuesday and Thursday, so I may
not be able to reply to your e-mail right away.

Visit us at www.EBHO.org and follow us on Facebook and Twitter!


Save the Date:September 17this EBHO's 10th Annual Interfaith Breakfast!Visit our website for details.

On Thu, Jul 24, 2014 at 10:11 AM, <jamesevann@aol.com> wrote:


Hui-Chang,
Sorry to miss your call yesterday (Wed) afternoon. I had just left for the monthly
meeting of East Bay Housing Organizations (EBHO). Please feel free to call back if
desired.
I write to clarify my message of yesterday. I reacted incorrectly to the questions you
posed, so I reply to clarify what was intended.
Of course, even if to be operated as a new multi-family rental project, the developer is
entitled to file both for subdivision and to condo-map its project. We acknowledge that this is
consistent with, and is necessary for UrbanCore's expressed intent to sell the units at some point as
condos. The contention of the tenant community, however, is that this process should not generate
"conversion credits"
You are absolutely correct, and I totally misstated the facts regarding condo-mapping a new project.
I also misstated in asserting that the desire of pro-tenant activists is to disqualify the remainder parcel
project from its entitlement to be condo-mapped. Also out of ignorance, I failed to distinguish

between the DDA and the Regulatory Agreement," and in fact did not know of the
Regulatory Agreement.
I thank you for the distinction and for your helpful explanation.
the pro-housing community desires that the development be
prohibited from accruing "condominium conversion credits" (as is currently the
restriction with all other publicly assisted projects). As you describe, the restriction
language is included in the standard regulatory agreement, not the DDA. There is no
intent to create or reference any other document, nor to ascribe new additions to the
DDA, the intent and the desire of both this response and the April 16 letter is that the
present procedures of the City that prohibit the application of "condominium
To be totally clear,

conversion credits" also be applied to development of any residential project at the


"remainder parcel."
We also request that if the development is initially operated as rental apartments with
the intent to be subsequently sold as condominium units that appropriate documents
should also specify that all tenants be given notice at the beginning of tenancy that
the units are subject to being sold at any time at the owner's discretion.
Finally, as you request and by virtue of your interest and knowledge, it will be a
benefit to the tenant community to assure that you are kept informed of actions and
intents on this matter.
I trust this reply sufficiently clarifies my earlier misinterpretation.
James E Vann, 763-0142
-----Original Message----From: Li, Hui Chang <HLi@oaklandnet.com>
To: jamesevann <jamesevann@aol.com>
Sent: Wed, Jul 23, 2014 4:59 pm
Subject: RE: Report of 7/17 Meeting of Meas DD Subcommittee with Developer on LM Blvd
"Remainder Parcel"

Thank you for your thoughtful and responsive email, James. The attached letter was also
very informative. Could you please copy me in such correspondences related to the
Remainder Parcel going forward? I should stay in the loop so I can help keep track of
these important issues, especially amongst City staff.
Yes, the oral report you gave to the Coalition on Monday was correct but I did notice that
the electronic copy of the report since emailed out still contained the word mandate and
incorrectly credited the City Council (as opposed to the City Administrator) for granting the
6-month extension on the ENA. Please have Bill correct this in the archive copy.
In the letter from OTU dated April 16, 2014, you wrote:
The Citys Disposition & Development documents and regulations of the CEDA
Division prohibit developments that receive city, county, federal, or public
financial assistance from accruing "conversion credits."
Could you please clarify what you are referring to when you write Citys Disposition &
Development documents and regulations of the CEDA Division? Do you mean the
Regulatory Agreements between the City and Developer?
As far as I know, it is only via the Regulatory Agreement (between the City and
Developer) that the affordable rental projects receiving funding from the City are prohibited
from converting to condo or selling conversion credits. (Please correct me if you know
otherwise are there other sources/regulations for the prohibition?) For example, here is
the language from a standard Regulatory Agreement for City funded affordable housing
projects:
CONDOMINIUM CONVERSION. Owner may not convert Project Units to condominium or
cooperative ownership or sell condominium or cooperative conversion rights to the Property
during the term of this Regulatory Agreement. However, Oakland will give reasonable

consideration to any proposal to convert Project Units to limited-equity cooperative ownership.

Your wrote in your 7/17 report:


Developments that have public assistance are not eligible to convert their rental developments
to condominiums. The Coalition interprets this prohibition as equally applicable to development
of the Remainder Parcel.

When you write, not eligible again, are you basically referring to the Regulatory
Agreement or is there another basis as well?
Also, I want to clarify what you/ the pro-tenant community is asking for in the April 16 letter.
Are you asking that in the DDA b/w Developer & City, the project be:
1. restricted from both being condo-mapped and exercising conversion credits
2. restricted from either a condo-map or exercising conversion credits
Best,
_____________________________________________
Hui-Chang Li Urban Economic Analyst
CITY OF OAKLAND, Economic & Workforce Development Department
Project Implementation Division
250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612
Fax: 510.238.3691
Tel: 510.238.6239

From: jamesevann@aol.com [mailto:jamesevann@aol.com]


Sent: Wednesday, July 23, 2014 2:40 PM
To: Li, Hui Chang
Subject: Re: Report of 7/17 Meeting of Meas DD Subcommittee with Developer on LM Blvd
"Remainder Parcel"
Hello Hui-Chang,
I owe you an apology. I had not seen the actual ENA, but assumed the terms carried over. Even so,
I understood your objection to the term "mandate," and actually did modify the report to say "will
coordinate." What I discovered yesterday was that I had two DD files on my PC and the one I initially
edited from your clarifications and other comments at DD, was not the final copy. When I realized the
error and made revisions to page 3, I inadvertently overlooked the "mandate" correction because I
thought I had already made it (but on the wrong copy). I think it was stated properly in the oral report,
so I will talk with Bill about correcting the archive copy. Again, sorry.
Regarding condominium conversion credits, Yes, the pro-tenant community strongly objects to the
"remainder parcel" being able to be condo-mapped, and thus cause the removal of up to 298 existing
rental units. The remainder parcel is a creation of the Measure DD referendum voted 90% by
Oaklanders as a general plan for betterment and beautification of the city. The pro-tenant community
firmly contends that the remainder parcel, where major city resources were required for the parcel's
creation, should then become a loophole where the apartments produced would (by agreement to rent
the units for 7 years) automatically accrue "298 conversion rights" enabling the parcel's developers to
cause 298 existing rental units to be converted to for-sale condominiums, together with the wholesale
eviction of up to 298 existing Oakland renter households. This cannot happen, and while the developer
is free to build and market condo units as it may wish, we strongly oppose "condo-mapping" of the
development -- which automatically grants "conversion rights," and will therefore insist that the DDA
should prohibit condo-mapping this particular development.

Such possible occurrence would be a moral injustice that totally turns the objectives of Meas DD on its
head, and is an outcome that no one would have approved as a result of the Measure DD referendum.
Your questions:
My understanding is that if a Developer builds with a condo map, the units are not subject to the city's
condo conversion law because technically no conversion is taking place, even if units are initially rented
out.
A bit of semantic acrobatics here: A development that is condo-mapped is not subject to the City's
Condo Ordinance, BUT, by virtue of the Condo Ordinance if the condo-mapped development agrees to
rent for 7 years, the Developer gains "conversion credits" that can be sold to other Developers, or the
same Developer accrues the "automatic right" through conversion credits to remove the same number
of existing rental units from the inventory, convert the units to condos, and sell the condos at market.
It seems to me that even if the City determines there is not a basis to disqualify the project from being
condo-mapped, you and other organizations like Oakland Tenants Union are advocating that this
restriction at least be a part of the DDA is that correct?
Yes, the pro-tenant community is unanimous in having this restriction included in the DDA. OTU
contends that the City has made tremendous financial investments in this parcel that can never be
reflected in an "appraisal valuation." On that basis the reminder parcel differs from other lots that may
be purchased from the City, and which should disqualify this parcel from being condo-mapped.
The initial Oakland Tenants Union statement -- sent April 16 to Mayor Quan and Planning Director
Flynn -- is attached. The statement has been endorsed by all the various pro-tenant
organizations, which are presently in waiting to know what direction the City and Developer may be
inclining toward. Depending on those inclinations, the organizations will begin meeting, developing, and
implementing a serious action program to see that this possible injustice does not occur.
I welcome hearing your thoughts.
james vann, 763-0142

-----Original Message----From: Li, Hui Chang <HLi@oaklandnet.com>


To: jamesevann <jamesevann@aol.com>
Sent: Wed, Jul 23, 2014 12:52 pm
Subject: RE: Report of 7/17 Meeting of Meas DD Subcommittee with Developer on LM Blvd
"Remainder Parcel"
Thank you, James. I thought you did a great job of reporting out to the Coalition. And your points here
have all been duly noted.
Just to clarify, the quote you are referring to below comes from page 4 of the staff report to City Council
to approve the Citys ENA with UrbanCore:
https://oakland.legistar.com/LegislationDetail.aspx?ID=1441186&GUID=8BADE21D-E83E-4381-BAF0BA64C6F8CDAD
It is not from the original ENA Agreement itself. There is no such language in the ENA itself that
mandates that UrbanCore coordinate with OUSD. However, staff recognized that this coordination is
needed for the project to be successful so it was called out in the coordination section of the staff
report. Just to be clear, I think the focus of my correction here is on semantics.
I am interested in your argument that this project does qualify for condo conversion. Could you please
forward me the statement you sent to Mayor Quan and Planning Director Rachel Flynn listing the
reasons why you believe the "remainder parcel" does not qualify for a condo map? I would like to
understand what you think is the basis for the disqualification and will look into that question further.

My understanding is that if a Developer builds with a condo map, the units are not subject to the city's
condo conversion law because technically no conversion is taking place, even if units are initially rented
out.
It seems to me that even if the City determines there is not a basis to disqualify the project from being
condo-mapped, you and other organizations like Oakland Tenants Union are advocating that this
restriction at least be a part of the DDA is that correct?
_____________________________________________
Hui-Chang Li Urban Economic Analyst
CITY OF OAKLAND, Economic & Workforce Development Department
Project Implementation Division
250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612
Fax: 510.238.3691
Tel: 510.238.6239

From: jamesevann@aol.com [mailto:jamesevann@aol.com]


Sent: Tuesday, July 22, 2014 10:15 AM
To: Li, Hui Chang
Cc: Estes, Lesley; Flynn, Rachel; Lane, Patrick; Manasse, Edward; Ferracane, Christina;
mayorjeanquan@oakland.net; rcowen@oaklandnet.com
Subject: Re: Report of 7/17 Meeting of Meas DD Subcommittee with Developer on LM Blvd
"Remainder Parcel"
Hui-Chang,
Thank you for attending the Measure DD Coalition meeting last night. Your appearance and
assistance in responding to some of the attendee's questions was most helpful. The clarifications you
forwarded were incorporated into the oral report to the Coalition and will be reflected in the report that
goes into the Measure DD archives.
Regarding coordination with OUSD, the original ENA Agreement at Page 4, bottom paragraph states:
... "Further, UCI will also need to coordinate its project proposal with the development plans of
neighbors of the Property to the south (Oakland Unified School District) and to the west (city's open
space created by Meas DD improvements." Respecting your interpretation, the words "mandate
coordination with OUSD" will be softened.
Regarding possible "Condominium Conversion Rights" for this "remainder parcel" development, The DD
Coalition, CALM (Coalition of Advocates for Lake Merritt - the group that envisioned and gained City
Council approval for Lake Merritt Blvd), East Bay Housing Organizations, 1200 Lakeshore Tenants
Assn, and Oakland Tenants Union all have grave concerns and objections and strongly contend that
the objectives of Meas DD which formed this City-created parcel makes it inconsistent with, and
therefore not eligible for conversion credits.
It is inconceivable that the residents of Oakland would heavily tax themselves to provide for a
development that could cause the displacement, removal, and condoization of almost 300 of their
residences -- many presently in affordable 3 and 4 bedroom apartments -- but displaced by an
assembly of more expensive and smaller, primarily studio-sized condominiums. We are convinced the
public outrage would be both visible and immediate.
To date, Oakland Tenants Union has submitted an extensive statement to Mayor Quan and Planning
Director Rachel Flynn listing some 14 of the broad range of financially-valued city-assistance
contributions that OTU and other objecting organizations are convinced disqualifies the "remainder
parcel" from conversion credits. Hopefully, long before the DDA and prior to more active opposition
actions, an early decision will be made disqualifying this possible development from accruing

conversion credits.
James E Vann

-----Original Message----From: Li, Hui Chang <HLi@oaklandnet.com>


To: jamesevann <jamesevann@aol.com>
Cc: Estes, Lesley <LEstes@oaklandnet.com>; Flynn, Rachel <RFlynn@oaklandnet.com>; Lane,
Patrick <PSLane@oaklandnet.com>; Manasse, Edward <EManasse@oaklandnet.com>; Ferracane,
Christina <CFerracane@oaklandnet.com>
Sent: Mon, Jul 21, 2014 6:25 pm
Subject: RE: Report of 7/17 Meeting of Meas DD Subcommittee with Developer on LM Blvd
"Remainder Parcel"
Hi James,
Thanks for these notes.
Two minor corrections 1)the ENA was extended by the City Administrator, not the City Council. The
the possibility of a 6-month extension to be granted by the City Administrator was always a part the
original Agreement. 2) It is true that UrbanCore has been coordinating the development of this
Remainder Parcel with OUSDs plans for the adjacent site but this coordination is not mandated by
the ENA.
I have noted your list of proposed community benefits.
I will look into the question of whether this development would be eligible to convert to condos. My
understanding is it can be because this project has no public assistance. There is no such restriction
for market rate sale of City/Agency land.
The shadow study is indeed underway by environmental consultant LSA as part of additional CEQA
study needed by this roject. I will keep the Coalition posted on when this study is complete.
See you at tonights meeting.
_____________________________________________
Hui-Chang Li Urban Economic Analyst
CITY OF OAKLAND, Economic & Workforce Development Department
Project Implementation Division
250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612
Fax: 510.238.3691
Tel: 510.238.6239

From: jamesevann@aol.com [mailto:jamesevann@aol.com]


Sent: Monday, July 21, 2014 3:34 PM
To: Li, Hui Chang
Cc: Estes, Lesley; Flynn, Rachel; Lane, Patrick; Manasse, Edward; Ferracane, Christina
Subject: Report of 7/17 Meeting of Meas DD Subcommittee with Developer on LM Blvd "Remainder
Parcel"
To:

Hui-Chang Li, Urban Economics Analyst

cc:

Rachel Flynn, Director of Building Services & Planning


Patrick Lane, Development/Redevelopment Program Manager

Lesley Estes, Meas DD Programs Manager


Ed Manase, Strategic Planning Director
Christina Ferracane, Senior Planner
Re:

Report of 7/17 Meeting of Meas DD Subcommittee with Designated Developer of Lake Merritt
Boulevard "Remainder Parcel"

For information, we forward the Meas DD Subcommittee's report of the meeting held 17 July with
representatives of the designated developer's team.
Appreciation to Ms Hui-Chang for her coordination, assistance and logistics in making the meeting
happen in a timely manner.
Meas DD Subcoommittee
Naomi Schiff, Chair
Joel Peter
Sandy Threlfall
James E Vann

From:
To:
Cc:
Subject:
Date:

Ranelletti, Darin
Gray, Neil D.
Miller, Scott; Flynn, Rachel; Li, Hui Chang
RE: Urgent Request for High Level Administrative Decision (or Meeting) Regarding the Lake Merritt Blvd
"Remainder Parcel
Monday, September 15, 2014 6:40:22 PM

Neil,

I talked to Hui-Chang on this. They may need Planning staff there to provide info on the condo
conversion ordinance. Can you attend?

Darin

Darin Ranelletti, Deputy Director | City of Oakland | Bureau of Planning | 250 Frank H. Ogawa, Suite
3315 | Oakland, CA 94612| Phone: (510) 238-3663| Fax: (510) 238-6538 | Email:
dranelletti@oaklandnet.com | Website: www.oaklandnet.com/planning

From: Ranelletti, Darin


Sent: Monday, September 15, 2014 6:32 PM
To: Li, Hui Chang
Cc: Miller, Scott (SMiller@oaklandnet.com); Gray, Neil D. (NGray@oaklandnet.com); Flynn, Rachel
Subject: RE: Urgent Request for High Level Administrative Decision (or Meeting) Regarding the Lake
Merritt Blvd "Remainder Parcel

Hui-Chang,

Do you think we need to meet internally first to discuss which of the asks we support before we
meet with Urban Core?

Darin

Darin Ranelletti, Deputy Director | City of Oakland | Bureau of Planning | 250 Frank H. Ogawa, Suite
3315 | Oakland, CA 94612| Phone: (510) 238-3663| Fax: (510) 238-6538 | Email:
dranelletti@oaklandnet.com | Website: www.oaklandnet.com/planning

From: Li, Hui Chang


Sent: Monday, September 15, 2014 5:21 PM
To: Ranelletti, Darin
Cc: Miller, Scott; Gray, Neil D.; Flynn, Rachel
Subject: FW: Urgent Request for High Level Administrative Decision (or Meeting) Regarding the Lake
Merritt Blvd "Remainder Parcel

Update: Im now aiming for this Friday Sept 19th at 11am for the meeting, in hopes of better
chance of attendance.

From: Li, Hui Chang


Sent: Monday, September 15, 2014 5:12 PM
To: Ranelletti, Darin (DRanelletti@oaklandnet.com)

Cc: Flynn, Rachel; Miller, Scott (SMiller@oaklandnet.com); Gray, Neil D. (NGray@oaklandnet.com)


Subject: FW: Urgent Request for High Level Administrative Decision (or Meeting) Regarding the Lake
Merritt Blvd "Remainder Parcel

Hi Darin,
Here is background info on the Sept 17th meeting request I just sent you.
It would be helpful to have someone in Planning who is familiar with the condo conversion
ordinance be at the meeting.
The City is in an ENA with UrbanCore Integral LLC for the E12th St Remainder Parcel
(expires Jan 2015). Planning application has been submitted and additional CEQA study for
the project is underway by LSA, scheduled to be finalized once the Lake Merritt Plan EIR is
adopted.
As we enter into the DDA negotiation phase, staff needs to start thinking about the terms of
DDA and possible points of negotiation.
The table below summarizes the various community benefits asks by Measure DD
Coalition and Oakland Tenants Union re: development of the Remainder Parcel that staff has
received (see attached letter and email below dated Sept 10th).
This purpose of this meeting is for staff and UrbanCore to review each of the community
asks and figure out 1) what is possible and 2) decide what staff is willing to ask of the
developer, while still keeping this project feasible
Feel free to give me a call to discuss if you have questions.
Measure DD Coalition
Community Benefit Asks

In Developers current proposal?


(Hui-Changs notes only)

a) landscaping of the parkland reserve


parcel at LM Blvd and E 12th Street
b) cafe on ground floor of Lake Merritt
Blvd Apts accessible to the public
c) gallery area on ground floor of Lake
Merritt Blvd Apts where local artists
could show artworks in rotating
exhibitions
d) a generous meeting room of Lake
Merritt Blvd Apts available for
reservation and use by community
interests.
e) some percentage of units designated
as permanently affordable rental
units
f) long-term commitment to
maintenance of the parkland reserve
area
g) some percentage of commitment to
Oakland-based employment relating
to both the construction phase of the
development, and for ongoing

Yes (in exchange for park easement)


Yes (in exchange for park easement)
Not in current proposal but may be
possible, as it was in a former proposal

Not in current proposal but may be


possible, as it was in a former proposal

Not in current proposal but I am thinking


not possible unless City provides a
subsidy
May be possible, if maintenance is
limited to the adjacent parkland only
May be possible. See what is required for
NOFA-funded projects.

operation of the completed


development
h) contribution to a non-fungible fund
for ongoing maintenance of the
Meas DD improvements at Lake
Merritt Park
Oakland Tenants Union - Asks
i) prohibit Developer from accruing
the "condominium conversion
credits" (that a Developer would

normally be allowed under the


Citys condo conversion ordinance
if project is condo-mapped and
rented out for the first 7 years)
j) require all tenants be notified at the
beginning of tenancy that the units
are subject to being sold at any time
at the owner's discretion.

Question for the City: Can some of the


land sale proceeds go to a maintenance
fund dedicated for Meas DD
improvements.

There is not a precedent of such a


restriction on DDAs of a market-rate sale
of City owned land. Either Developer
agrees to this or it becomes a point for
negotiation, e.g. the City values and
purchases the condo conversion credits
by discounting the purchase price of the
land. But then, is the project considered
publically subsidized?
Yes. Find out: i) Is there such a precedent
and ii) what are existing regulations on
tenant noticing for new construction on
City-owned land, if any.

_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: jamesevann@aol.com [mailto:jamesevann@aol.com]


Sent: Wednesday, September 10, 2014 8:23 AM
To: Cowan, Richard
Cc: Quan, Jean; Office of the Mayor; Gardner, Henry; officeofthecityadministrator@oaklandnet.com;
Flynn, Rachel; Byrd, Michele; Hunter, Gregory
Subject: Urgent Request for High Level Administrative Decision (or Meeting) Regarding the Lake Merritt
Blvd "Remainder Parcel
10 September 2014

To: Richard Cowan,Chief of Staff & Policy Director, Office of Mayor Jean Quan

cc: Jean Quan, Mayor of Oakland


Henry Gardner, City Administrator
Rachel Flynn, Director, Planning & Building
Michele Byrd, Director, Housing & Community Development
Gregory Hunter, Office of Neighborhood Development & Improvement

Fr: James E Vann, for Oakland Tenants Union & Coalitionto ProtectRental Housing

Subject: Urgent Request for High Level Administrative Decision (or Meeting)
Regarding theLake Merritt Blvd"Remainder Parcel"


This is a urgent request for a critical administrative determinationat the earliest possible date(ora
meeting with pro-housing stakeholders) on an urgent issue of time-sensitive importance relating to the
sale and development of the Measure DD-created "remainder parcel" at Lake Merritt Boulevard and E
12th Street.

Communications have been exchanged among several pro-housing organizations -- including Oakland
Tenants Union, East Bay Housing Organizations, Causa Justa Just Cause, Coalition to Preserve Rental
Housing, 1200 Lakeshore Tenants Association, Measure DD Community Coalition, Tenant Justice
Campaign, among others -- that share a common concern for possible loss of scarce and urgently
needed rental housing and mass eviction of many long term Oakland residents, possibly to result from
anticipated development of the city-created, Measure DD funded parcel at Lake Merritt Boulevard & E
12th Street -- unless a critical decision and urgent action are swiftly implemented.

Pro-housing organizations are highly concerned with a number of issues about the proposed
development. However, the highest priority concern is the possibility that Urban Core Partners is
planning to incorporate in its financial plan the award of "condominiumconversion credits" for a
proposed 298 apartment development at the "remainder parcel." (An outdated section of the City's
Condominium Conversion Ordinance awards "condo conversion credits" to unassisted developments
that agree to rent their new condo units for the first seven (7) years. It should be noted that113
[38%]of the units are ultra-small studio units.)

Of equal concern considering ABAGs unmet need for Oakland of 14,765 new housing units by 2022
--none of Urban Core Partners 298 apartments on the City-owned, Measure DD-financed and
improved parcel will be affordable for the majority of Oakland residents, despite the fact that
significant uncompensated public assistance (detailed in attached April 16 letter) has been incorporated
in creation and development of the City-owned parcel

Asthe selected proposed developer under a current ENA (recently extended to early 2014), Urban
Core Partnersis proceeding with design, planning, and financial preparations for execution of a DDA
with the City in early 2015. It is therefore extremely critical that a determination prohibiting "conversion
credits" be made NOW to enable appropriate and timely instructions to the developer.

Since the early 1980's, multi-housing developments that benefit from land gifts or public assistance are
subject to "Regulatory Agreements" that prohibit accrual of "condo conversion credits." The rationale
for this sensible provision is that projects which benefit from public assistance should not also profit by
accruing, using, or selling "conversion credits" to cause conversion and displacement of (in this case up
to 298) current residents from existing and typically affordable rental housing.
Oakland Tenants Union submitted a letter dated April 16 outlining various concerns of the "conversion
credits" problem, and detailed some of the many and tangible financial contributions of public
assistance to the "remainder parcel" financially-valued assistance and contributions that are not able
to be captured in a market-valued appraisal. (The April 16 letter is attached.)

The pro-housing community strongly contends that the many uncompensated public contributions to the
"reminder parcel" -- envisioned by CALM, the original conceptual designer, as an important product of
Measure DD -- mandates that the condo-prohibiting language of the City's Regulatory Agreement be
incorporated into the Disposition and Development Agreement (DDA) for the "remainder parcel."

The needed decision is a straightforward administrative determination: As a city-created parcel


that benefits from an atypical assemblage of public improvements, the conditions of
development that apply to all publicly-assisted residential developments must also equally
apply to development of the Lake Merritt Boulevard Remainder Parcel, and must therefore be
incorporated into the Disposition and Development Agreement (DDA) governing the parcels
sale and development.

Additional Important Considerations:

1.

The Lake Merritt Boulevard "Remainder Parcel" is a unique creation of the Measure
DDBond Election of 2002, approved by 80% majority and being paid for by Oakland
voters, andbenefitingfrom a broad assemblage of public financial assistance.
(See attachedOTU letter, dated April 16.)

2.

CALM -- the civicly-active organization that conceived-envisioned-designed-promoted


gained City Council approval of Lake Merritt Boulevard improvements and their
incorporation into the Lake Merritt Master Plan -- never anticipated that their
dedicatedachievement might becomethe rationale to displace 298 current tenants
households in addition to theeviction of another298 seven-year renter households.

3.

A goal of the Condominium Conversion Ordinance is "no net decrease" in the City'srental
inventory. "Conversion credits" would authorize displacement of 298 existing rental units by
298 non-equal condominiums -- a net decrease of 298 units from the scarce rental
inventory.

4.

5.

6.

Urban Core Partners has stated that the planned 298 apartment development will NOT
include ANY affordable housing units. This statement is in stark opposition to Mayor
Quan's goal to attain at least 25% affordable in each new residential development, as well
as to the intent and goal of every other publicly-assisted development in the City for the
last 44 years -- which are ALL mandated to include a generous percentage of affordable
housing.

As with other publicly-assisted developments, the "remainder parcel" development should be


disqualified from accruing or receiving "condominium conversion credits" and utilizing the
"7-year rental provision" to escape the City's Just Cause Eviction Ordinance.
Finally, serious moral issues are raised if development of a City-owned and created Parcel,
that required massive public expenditures toward its readiness for development, should
become the vehicle that not only makes NO CONTRIBUTION to the Citys critical affordable
housing need, but which could also cause theDEVASTATINGEVICTION of 298 current
City households, in addition to another 298 temporary renter households of the new Cityassisted and -sponsored development.

Such an abomination would be directly counter to all City goals and objectives, and is one
that need not, and must not be permitted to occur. The appropriate language already exists
in the Citys Regulatory Agreements. To avert a devastating calamity that should not,
must not, and does not need to occur, this same language from the Citys Regulatory
Agreements must be incorporated into the Disposition and Development Agreement for
the Remainder Parcel.

From:
To:
Bcc:

Subject:
Date:
Attachments:

Li, Hui Chang


"jamesevann@aol.com"
Quan, Jean; Office of the Mayor; Gardner, Henry; officeofthecityadministrator@oaklandnet.com; Flynn, Rachel;
Byrd, Michele; Cowan, Richard; Kernighan, Pat; Gerard, Jennie; Sanchez, Arturo M; Lane, Patrick; Gray, Neil
D.; Jain, Kiran C; Ferracane, Christina; Manasse, Edward; Merkamp, Robert; Jeffrey Levin (jeff@ebho.org);
Michael Johnson (mjohnson@urbancorellc.com); Michael Pyatok (mpyatok@pyatok.com); Ronnie Turner
(rtdevelops@comcast.net); Merlin Edwards (meko11@pacbell.net)
RE: Urgent Request for High Level Administrative Decision (or Meeting) Regarding the Lake Merritt Blvd
"Remainder Parcel
Thursday, October 30, 2014 3:42:00 PM
City Response to James Vann - E12th St Parcel.pdf

Hi James,

See attached the letter from Rachel Flynn in response to your e-mail below dated September 10,
2014 and your letter dated April 16, 2014.

_____________________________________________

Hui-Chang Li

Urban Economic Analyst

CITY OF OAKLAND, Economic & Workforce Development Department


Project Implementation Division

250 Frank H. Ogawa Plaza, Ste. 5313, Oakland CA 94612


Tel: 510.238.6239 Fax: 510.238.3691

From: jamesevann@aol.com [mailto:jamesevann@aol.com]


Sent: Wednesday, September 10, 2014 8:23 AM
To: Cowan, Richard
Cc: Quan, Jean; Office of the Mayor; Gardner, Henry; officeofthecityadministrator@oaklandnet.com;
Flynn, Rachel; Byrd, Michele; Hunter, Gregory
Subject: Urgent Request for High Level Administrative Decision (or Meeting) Regarding the Lake Merritt
Blvd "Remainder Parcel

10 September 2014

To: Richard Cowan,Chief of Staff & Policy Director, Office of Mayor Jean Quan

cc: Jean Quan, Mayor of Oakland


Henry Gardner, City Administrator
Rachel Flynn, Director, Planning & Building
Michele Byrd, Director, Housing & Community Development
Gregory Hunter, Office of Neighborhood Development & Improvement

Fr: James E Vann, for Oakland Tenants Union & Coalitionto ProtectRental Housing

Subject: Urgent Request for High Level Administrative Decision (or Meeting)
Regarding theLake Merritt Blvd"Remainder Parcel"

This is a urgent request for a critical administrative determinationat the earliest possible date(ora
meeting with pro-housing stakeholders) on an urgent issue of time-sensitive importance relating to the
sale and development of the Measure DD-created "remainder parcel" at Lake Merritt Boulevard and E
12th Street.

Communications have been exchanged among several pro-housing organizations -- including Oakland
Tenants Union, East Bay Housing Organizations, Causa Justa Just Cause, Coalition to Preserve Rental

Housing, 1200 Lakeshore Tenants Association, Measure DD Community Coalition, Tenant Justice
Campaign, among others -- that share a common concern for possible loss of scarce and urgently
needed rental housing and mass eviction of many long term Oakland residents, possibly to result from
anticipated development of the city-created, Measure DD funded parcel at Lake Merritt Boulevard & E
12th Street -- unless a critical decision and urgent action are swiftly implemented.

Pro-housing organizations are highly concerned with a number of issues about the proposed
development. However, the highest priority concern is the possibility that Urban Core Partners is
planning to incorporate in its financial plan the award of "condominiumconversion credits" for a
proposed 298 apartment development at the "remainder parcel." (An outdated section of the City's
Condominium Conversion Ordinance awards "condo conversion credits" to unassisted developments
that agree to rent their new condo units for the first seven (7) years. It should be noted that113
[38%]of the units are ultra-small studio units.)

Of equal concern considering ABAGs unmet need for Oakland of 14,765 new housing units by 2022
--none of Urban Core Partners 298 apartments on the City-owned, Measure DD-financed and
improved parcel will be affordable for the majority of Oakland residents, despite the fact that
significant uncompensated public assistance (detailed in attached April 16 letter) has been incorporated
in creation and development of the City-owned parcel

Asthe selected proposed developer under a current ENA (recently extended to early 2014), Urban
Core Partnersis proceeding with design, planning, and financial preparations for execution of a DDA
with the City in early 2015. It is therefore extremely critical that a determination prohibiting "conversion
credits" be made NOW to enable appropriate and timely instructions to the developer.

Since the early 1980's, multi-housing developments that benefit from land gifts or public assistance are
subject to "Regulatory Agreements" that prohibit accrual of "condo conversion credits." The rationale
for this sensible provision is that projects which benefit from public assistance should not also profit by
accruing, using, or selling "conversion credits" to cause conversion and displacement of (in this case up
to 298) current residents from existing and typically affordable rental housing.
Oakland Tenants Union submitted a letter dated April 16 outlining various concerns of the "conversion
credits" problem, and detailed some of the many and tangible financial contributions of public
assistance to the "remainder parcel" financially-valued assistance and contributions that are not able
to be captured in a market-valued appraisal. (The April 16 letter is attached.)

The pro-housing community strongly contends that the many uncompensated public contributions to the
"reminder parcel" -- envisioned by CALM, the original conceptual designer, as an important product of
Measure DD -- mandates that the condo-prohibiting language of the City's Regulatory Agreement be
incorporated into the Disposition and Development Agreement (DDA) for the "remainder parcel."

The needed decision is a straightforward administrative determination: As a city-created parcel


that benefits from an atypical assemblage of public improvements, the conditions of
development that apply to all publicly-assisted residential developments must also equally
apply to development of the Lake Merritt Boulevard Remainder Parcel, and must therefore be
incorporated into the Disposition and Development Agreement (DDA) governing the parcels
sale and development.

Additional Important Considerations:


1. The Lake Merritt Boulevard "Remainder Parcel" is a unique creation of the Measure DD
Bond Election of 2002, approved by 80% majority and being paid for by Oakland voters,
andbenefitingfrom a broad assemblage of public financial assistance.
(See attachedOTU letter, dated April 16.)
2. CALM -- the civicly-active organization that conceived-envisioned-designed-promoted
and gained City Council approval of Lake Merritt Boulevard improvements and their
incorporation into the Lake Merritt Master Plan -- never anticipated that their dedicated
achievement might becomethe rationale to displace 298 current tenants households in

addition to theeviction of another298 seven-year renter households.


3. A goal of the Condominium Conversion Ordinance is "no net decrease" in the City's
rental inventory. "Conversion credits" would authorize displacement of 298 existing
rental units by 298 non-equal condominiums -- a net decrease of 298 units from the
scarce rental inventory.
4. Urban Core Partners has stated that the planned 298 apartment development will
NOT include ANY affordable housing units. This statement is in stark opposition to
Mayor Quan's goal to attain at least 25% affordable in each new residential development,
as well as to the intent and goal of every other publicly-assisted development in the City
for the last 44 years -- which are ALL mandated to include a generous percentage of
affordable housing.
5. As with other publicly-assisted developments, the "remainder parcel" development
should be disqualified from accruing or receiving "condominium conversion credits" and
utilizing the "7-year rental provision" to escape the City's Just Cause Eviction Ordinance.

6. Finally, serious moral issues are raised if development of a City-owned and created
Parcel, that required massive public expenditures toward its readiness for development,
should become the vehicle that not only makes NO CONTRIBUTION to the Citys critical
affordable housing need, but which could also cause theDEVASTATINGEVICTION of
298 current City households, in addition to another 298 temporary renter households of
the new City-assisted and -sponsored development.

Such an abomination would be directly counter to all City goals and objectives, and is
one that need not, and must not be permitted to occur. The appropriate language
already exists in the Citys Regulatory Agreements. To avert a devastating calamity
that should not, must not, and does not need to occur, this same language from the Citys
Regulatory Agreements must be incorporated into the Disposition and Development
Agreement for the Remainder Parcel.

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