ComPLAINT TO ATTORNEY GENERALS

​Attorney Generals Office
Atten: PUBLIC INQUIRY UNIT
P.O. Box 944255
Sacramento, Ca. 9244-2550
 
Re: Violation of California Code section 6253(c) (d)
 
     On October 6, 2016 I submitted a Public Records Request #17697 to the Office of the City Administrator of the City of Oakland :
 
                “Please provide me all electronic/and written correspondence to to and from
                 Between then City project manager Margaret Stanzion and Signature
                 Properties(aka Michael Ghilmetti) and any other responsible party of the
                 Signature Properties related to the Oak to Ninth Project”.
    
     The Responses to my request are not exempt from disclosure, which have included the following Responses:
 
“A second Microsoft Exchange mailbox search confirmed that there are no documents located responsive to this public records request(#17697).  In addition, staff conducted a physical search for paper records and located no documents responsive to this request”. Than you. Amber Danielle-Rose Todd                               
                                                                                                   15 weeks ago
 
“We are conducting another Microsoft Exchange mailbox search.  Will provide an update once available”.  Thank you  Amber Danielle-Rose Todd
 
                                                                                                     16 weeks ago
 
“Dear Requester, there are no documents found that are responsive to your public records request(#17697) based on a Microsoft Exchange mailbox search. Thank you. Amber Danielle-Rose Todd
 
                                                                                                        16 weeks ago
 
“This request requires a data extraction from IT as the employee no longer works here. This extraction could take a long time as there are many in the queue”.  Amber Danielle Todd
 
                                                                                                           37 weeks ago
Page 2
 
     “Additional time is required to answer your public records request.  We need to
      Consult with another agency before we are able to deliver your record(Government
      Code Section 6253( c)(3)”.  Amber Danielle-Rose Todd
 
                                                                                                                46 weeks ago   
 
 
     Margaret Stanzion has been the project manager from the inception of the Oak to Ninth Project in 2000 to 2006.  The original concept for the project was based upon the City’s Estuary Policy Plan that called a [PROPOSED WATERFRONT PATH] (see Council Agenda Report) To: Office of the City Manager , Atten:  Robert C. Bobb  , From: Community and Economic Development Agency, Date: July 11, 2000
 
“…the Port of Oakland is working to select a developer that will collaborate in developing a specific plan for the Oak-to-Ninth area, where a pathway would be included as part of the development”.
 
“Key recommendations for creating a continuous waterfront pathway from Jack Long Square to the Oakland Airport are…(3)formally request that the Port agree to fund half the cost of one full-time project management position, funded half by the City and half by the Port, to oversee the implementation of the Estuary open space project:…
 
“The estimated total annual cost of this position would be $128,526 to be split between the City and Port”>
 
“The Oakland City Council adopted the Estuary Policy Plan on June 8, 1999”.  Extensive public input and collaboration between various public agencies and the Estuary Advisory Committee created a vision for an extensive network of parks & open space and public access improvements along the Oakland waterfront, estimated to cost more than $150 million to complete.
 
…
 
“The Estuary Policy Plan called for the creation of a continuous roadway, known as the Embarcadero Parkway-Kennedy Tract Parkway-Tidewater Parkway, to serve as the primary means of travel and access along the Estuary.
 
 
Page 3.
 
 
Margaret Stanzion was project manager for the above project.  It is therefore, inconceivable that there are no public records pursuant to my public records request during her tenure from 2000 to 2006 in which the scope of the project  ORDINANCE NO. 12759  An Ordinance rezoning property in the Oak to Ninth Avenue mixed use development project site from heavy industrial(M-40) to Planned Waterfront Zoning District (WD-4) and Open Space Region serving Park (OS-RSP), and from Civic Center/Design Review combining zone (S-2/S-4)to Open Space-Region Serving Park(OS-RSP) with the exception of the Jack London Aquatic Center which will remain S-2/S-4.
 
Additionally, the City Council has approved various ordinances and resolutions , and reviewed various AGENDA REPORTS concerning this project :    Resolution 02-85 [Dec. 03, 2002], Ordinance 12757 [July 18,2006], Agenda Report March 28, 2006, Resolution 2006-0060 [July 18, 2006], Resolution 79981 [June 20, 2006], Resolution 79982 [June 20, 2006], Resolution 79983 [ June 20, 2006],  Resolution 2006-0045 [ June 20, 2006], Resolution 2006-0046 [June 20, 2006], Resolution 79983 [June 20, 2006], Ordinance No. 12756 [July 16, 2006], Resolution 79985 [ June 20, 2006].
 
Ms. Stanzion would have had extensive discussions with the developer(Signature Properties/aka Michael Ghilmetti) and would have had transmitted numerous electronic e-mails. It was during her tenure that the scope of the project went from open-space to residential, that was engineered by then Senate- Pro Tem Don Perata special legislation that removed the 62.82 acres from the State’s Tidelands Trust protection allowing for 3100 units of Market Rate Residential Housing which also suppose to include 465 Affordable Housing units.
 
Based upon the above account of the City Councils actions Ms. Stanzion as project manager to the Oak-to-Ninth/ Brooklyn Basin would have played an integral role.
 
I have yet to receive a positive response to date to my Public Records Request 17697 of October 6, 2016 , a clear violation Government Code 6253 ( c ) (d), requiring your intervention.
 
Respectfully,
 
Gene Hazzard
[email protected]     (510) 418-0501