The principal developer for the Oak to Ninth development project is Michael Ghilmetti, owner of Signature Properties.
There is uncontroverted parol evidence of a fraudulent conveyance of TIDELAND TRUST PROPERTIES owned by the Port of Oakland who on March 15, 2001 the Port Commercial Real Estate(CRE) division released a "REQUEST FOR DEVELOPER QUALIFICATIONS, OAK TO NINTH DISTRICT PROPERTIES.".
The execution of the conspiracy to commit this FRAUD had it's genesis with the selection of the presumptive developer OAKLAND HARBOR PARTNERS LLC/SIGNATURE PROPERTIES(Michael Ghilmetti) who was one of two developers who responded to the Port of Oakland's REQUEST FOR QUALIFICATIONS(RFQ) for the 63 acres of TIDELAND TRUST PROPERTIES for the $150,000,000.00(one hundred and fifty million dollar)OPEN SPACE DEVELOPMENT PROJECT.
The other submitted response to this RFQ was HARBORWALK PARTNERS LLC/ SHORESTEIN DEVELOPMENT GROUP. HARBORWALK PARTNERS LLC. , with the submission of their DESIGN REVIEW of proposed PROPOSAL had specifically indicated they required no financing to complete the projected $150,000,000.00 dollar OPEN SPACE DEVELOPMENT PROJECT.
The REQUEST FOR QUALIFICATIONS for this OPEN SPACE DEVELOPMENT PROJECT was based upon the 1999 ESTUARY POLICY PLAN . On July 11, 2000 there was a REPORT ON POLICY ISSUES AND TARGETED PROJECTS FOR THE ESTUARY PLAN: PROPOSED WATERFRONT PATH that outlined the potential "costs and obstacles to creating a waterfront path for pedestrians and bicyclists along the Oakland Estuary." which included participants from the City staff ,Director of Community and Economic Development (CEDA) William Claggett, Leslie Gould, Planning Director, Colin Burgett, Planner II, Strategic Planning Port Commissioners and Port Staff and Environmental Groups. The Mayor at this time was Jerry Brown. Mayor Brown appointed the seven member Port Commissioners., Phil Tagami, was the President of the Port Commissioners .
The Port Real Estate Division, with "support from the Port Attorney's office and the Port Finance Division, has facilitated the developer evaluation process in close consultation with the Commercial Real Estate Committee(which comprised Commissioner Phil Tagami, Commissioner John Protopappas and Commissioner Kiang(who abstained both at the Committee for the recommendation and also at the September 4, 2001 Board meeting authorizing Port Staff to "enter into negotiations with the developer selected by the Board based upon staff evaluation and due diligence and the recommendation of the COMMERCIAL REAL ESTATE COMMITTEE. RESOLUTION 01359 September 4, 2001.
THE ABOVE ACCOUNT CLEARLY ESTABLISHES THE INTENT OF THE 2001 REQUEST FOR DEVELOPER QUALIFICATIONS FOR THE OAK TO NINTH OPEN SPACE DEVELOPMENT PROJECT. FURTHER, IT'S UNCONTREVERTED EVIDENCE .
AS WAS CLEARLY STATED ON PAGE 24 OF THE REQUEST FOR DEVELOPER QUALIFICATION FOR THE OAK TO NINTH OPEN SPACE DEVELOPMENT PROJECT THE" THREE PRINCIPAL CONDITIONS IMPOSED BY THE TIDELAND TRUST I:(LAND USES ARE LIMITED TO TRUST PURPOSES, (2)SALE OF FEE TITLE TO TRUST PROPERTY TO PRIVATE ENTITIES OR PERSONS IS PROHIBITED(ALTHOUGH GROUND LEASES OF UP TO 66 YEARS ARE ALLOWED), AND (3) REVENUES RECEIVED BY THE TRUSTEE FROM THE USE OF TRUST PROPERTY MUST BE DEVOTED TO TRUST PURPOSES"
WITH THE ABOVE ACCOUNT, THEN HOW CAN OAKLAND HARBOR PARTNERS SUBMITTED A PURCHASE OPTION ON NOVEMBER 7, 2003 WHEN THE SUBJECT PROPERTY WAS STILL TIDELAND TRUST.
THE RFQ SAID NOTHING ABOUT A SALE. THIS WOULD ALSO REQUIRE A LAND USE AMENDMENT WHICH OCCUR IN 2006. AFTER THE CHAPTER 542 IN 2004 WHICH CREATED LEGISLATION BY THEN SENATE PRO TEM DON PERATA THAT RETROACTIVELY REMOVED THE 63 ACRES FROM TIDELAND TRUST AND SIGNED BY GOVERNOR JERRY BROWN IN SEPTEMBER OF 2004 .
There are a number of John Does that can be added to this list. As one can see this was a carefully calculated CONSPIRACY designed over a long period of time for the ultimate development of 3100 units of Market Rate Housing.
Incidently, after the RETROACTIVE Land Use Amendment in 2006 this project never went back out to bid!!!!!!!! THIS IS WOULD QUALIFY FOR A QUI TAM
IF THERE IS IN INTEREST IN THIS FRAUDULENT CONVEYANCE OF TIDELAND TRUST- THEN I BELIEVE A COURSE OF ACTION WOULD BE A WRIT OF MANDAMUS AND AN INJUNCTION AND LET THE COURTS DECIDE THE MERITS OF THE CLAIM.
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