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Square's makeover hits snag
Oakland Tribune, Apr 1, 2004 by Paul T. Rosynsky, STAFF WRITER
OAKLAND -- A proposed $300 million makeover of Jack London Square has run into a skeptical City Council that wants to restrict what the developer can build along the city's waterfront.
In their first official review of the proposed development, council members Tuesday night peppered developer Ellis Partners with questions about why more specific plans for the envisioned 15-year project weren't available.
The council's queries were welcomed by a growing chorus of frustrated neighbors and activist groups who have asked similar questions over the last few months. Two weeks ago, the city's Planning and Zoning Commission approved the project, with only Michael Lighty dissenting.
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A majority of the council said Tuesday the project's location and importance to the city demands that Ellis Partners make a more definite commitment to building the "world-class" development promised.
Ellis Partners has argued it needs the flexibility to change building uses in the future to gain the financing needed for one of the largest developments in the city.
Without such flexibility, the group said, potential investors might not want to take a risk on a project in an area that has seen repeatedfailures over the last two decades.
"You keep saying you need flexibility, but what is flexibility?" said Councilman Danny Wan (Grand Lake-Chinatown). "Why is it so difficult for you to make a commitment?"
Residents and now some council members say they are concerned about allowing the developer such leeway. Others also expressed their misgivings, including the League of Women Voters of Oakland and a local chapter of the Sierra Club.
What especially concerns them is an agreement that would lock in city approvals for the next 15 years and allow Ellis Partners to make changes without further City Council or Planning Commission review.
According to a current version of the agreement, Ellis Partners would only be required to construct two buildings within six years after receiving city approvals.
"The developer is getting something from us ... in return, we need something too," said Councilmember Jane Brunner (North Oakland). "This project as described to us and shown to us is exciting ... but we have to look at the worst-case scenario."
In other words, a proposed movie theater could turn into a seven- story office tower or a proposed office building near the Amtrak Station into a parking garage.
Although plans for four buildings would need to return before the city's design review committee for aesthetic recommendations, their uses could not be questioned. The remaining five buildings could be built without further review.
Hal Ellis, managing partner of Ellis Partners, assured the council the plan shown in current drawings and in a three-dimensional model is what will be built.
That plan includes a market hall, movie theater, 250-room hotel and several retail spaces for what Ellis says could house mom and pop stores.
It also would include creation of two greens on either end of the Square and two plazas at the foot of Webster Street and Broadway.
Ellis said the group would be willing to make some changes to the agreement to give the city more certainty that what is promised will be built.
"It is not our intention to build an office park in Jack London Square," Ellis said. "(But the plan) requires some flexibility along the way."
James Falaschi, a partner with Ellis for the development, said Wednesday the group is meeting to discuss what type of changes could be made to allow both flexibility and certainty.
"We'll see if we can make their desires and our desires blend," he said. "People have to get comfortable with this because we are going to be together for a long time."
At least three council members said they understood Ellis Partners' plight in trying to find financing for the project and its desire for flexibility.
And all the members said the project as proposed would be a windfall for the city and create an attraction residents could be proud of.
"I want to make sure they are serious. At the same time, we have to take into consideration the financing involved with this," said Council President Ignacio De La Fuente (Glenview-Fruitvale). "We have an opportunity here ... we should be really conscious of that."
Some council members also voiced concern about the design of a proposed parking garage in front of the Jack London Square Amtrak Station and the height of some proposed buildings.
Although the council reviewed the project Tuesday night, it did not take a vote since the meeting was scheduled as a workshop session.
The next review is scheduled for April 20, when the council will consider both the project and appeals filed against previous decisions of the Planning and Zoning Board.
Many residents from the Jack London Square area who have challenged the developer's plans said they are pleased the council asked questions, but cautious about what the final plan will entail.
