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500 low-income renters face eviction from Oakland hotel

by Lynda Carson
500 low-income renters face eviction by City of Oakland, and non profit housing organization!


-News Flash-

July 1, 2008


500 very-low income tenants face eviction from Oakland's California Hotel

Oakland -- Today (July 1) on KPFA evening news, local attorney John Murcko announced that he plans to file a lawsuit next week in Alameda County Superior Court against the Oakland Community Housing, Inc. (OCHI), an Oakland non profit housing developer because they are breaking a 30 year requirement to provide housing to 500 very low-income Oakland residents at the California Hotel.

OCHI recently served eviction notices to all 500 residents of the California Hotel, demanding that they must relocate out of the hotel by July 15.

According to attorney John Murcko, the owners of the California Hotel (OCHI) are claiming that they ran out of money and can no longer operate the hotel properly. This depite the fact that OCHI has received and been receiving massive amounts of funding from local and state governments to acquire and manintain the California Hotel with low-cost loans that stipulate that OCHI must provide housing to low-income tenants for a 30 year period, in order to even receive the loans.

The California Hotel and OCHI was sued by 43 tenants back in August of 2005 for negligence that resulted in rats, bedbugs, and roach infestments throughout the hotel.

Since then the hotel and OCHI was sued one more time for failing to operate the hotel properly after ordered to do so by the courts, and this will be the third law-suit filed since August of 2005.

Murcko is sending a letter to Congresswoman Barbara Lee to seek more funding for the hotel in an attempt to help the residents remain in their housing.

Murcko also accused the City of Oakland as being complicit with OCHI in the attempt to evict and displace the 500 current residents of the hotel, because Oakland is offering some funding to OCHI to be used as a relocation funding package to force the renters from the hotel.

Murcko is demanding that OCHI should sell some of their properties to come up with the money needed to operate the California Hotel properly.

On KPFA this evening, I was quoted as saying something to the effect that, "I am not surprised that KPFA cannot find any one from the city to comment on the 500 residents facing eviction from the California Hotel. That the non profits are protected in Oakland, with counclimembers being involved in pet projects with the non profits and that some non profit housing organizations are actually involved in projects that actually displace the poor in the name of creating so-called affording housing."

I went on to mention how the OHA is planning to sell off or demolish most of it's public housing in the near future, and mentioned how non profits have been involved in mixed income housing developments at public housing sites, that have displaced poor public housing tenants in Oakland.

Lynda Carson
510/763-1085

Click below for more on the problems at the California Hotel...


Welcome to the Hotel California

Tenants sue nonprofit, say that Oakland's historic California Hotel is infested with rats and bed bugs

by Lynda Carson September 2005

Click below for full story...

http://www.thestreetspirit.org/September2005/hotel.htm
Add Your Comments

Comments (Hide Comments)
by Lynda Carson (-----------)
Tuesday July 1, 2008 KPFA News Broadcast

Click below for KPFA news story about 500 facing eviction in Oakland....

http://www.kpfa.org/archives/index.php?arch=27114
by ----------------
More On California Hotel, OCHI and Oakland City Council & Redevelopment Agency...

It appears that the Oakland City Council has decided to allow OCHI to convert the California Hotel from a long time residential hotel into a transitional housing project for the homeless. If true, this means that the existing tenants may lose all of their rights to reside at the California Hotel, and may be forced to relocate to make room for the new homeless tenants that OCHI now wants to serve.

If this is what has occurred, this is a very hostile act of retaliation against the tenants in the hotel who have repeatedly sued OCHI for not properly maintaining the old hotel, and the city would be complicit in the forced removal of all the existing tenants.

Since the California Hotel is being converted into transitional housing, the new tenants would not have any tenant protections under Oakland's Just Cause eviction's protections.

See info below....

>>>>>>>>>

$300,000 Grant for conversion of California Hotel

http://clerkwebsvr1.oaklandnet.com/detailreport/matter.aspx?key=14880

City of Oakland
Legislative File ID 07-0893-1


display printable version

email
Type: City Resolution Status: Passed
Enactment Date: Enactment No.: 2008-0005
Title:
2) An Agency Resolution Allocating $300,000 To Cahon Associates As A Grant For Rehabilitation And Conversion Of The California Hotel,
Located At 3501 San Pablo Avenue, For Permanent Support Housing Units For Homeless Individuals And Households

Controlling Body: Concurrent Meeting of the Oakland Redevelopment Agency / City Council
Introduced: 12/11/2007 Version: 1
Final Action: 2/5/2008 Contact:
Name:
Requester: Director, Community & Economic Development Agency
Attachments:
Legislative File Text
2008-0005 CMS.pdf
Next Meeting:
Legislative History (* Unpublished Data)
Date Acting Body Action Taken Motion Media
12/13/2007 *Rules & Legislation Committee Scheduled to the *Community & Economic Development Committee due on 1/22/2008.
1/22/2008 *Concurrent Meeting of the Redevelopment Agency and Council Community & Economic Development Committee as a Non-Consent item. Pass
(5:0)

Notes: The following individual(s) spoke on this item: - Donald Gilmom
2/5/2008 Unpublished Meeting Data Pending*

powered by Daystar Computer Systems, Inc.
Email Link For This Page To:
**
******************
Budget Office: Status of City Council Budget Modifications
Page 7

http://tinyurl.com/3zy4w8

Reuse California Hotel for Transitional Housing - $300,000
Staff is still in negofiations with Oakland Community Housing Inc. (OCHI), a non-profit
developer, and supportive service providers to transfer the ownership and convert the California
Hotel to a permanent supportive housing complex. This includes accessing the $300,000 set
aside by the Council for the Reuse of the California Hotel for Permanent Supportive Housing.
Staff went to the CED Committee on January 22"^ and full Council on February 5"" to allocate
this funding to Cahon Associates as a grant (Agency Resolution No. 2008-0005 C.M.S.) to help
fund the rehabilitation and conversion of the California Hotel for permanent supportive housing
units for homeless individuals and households.


****************

REVISED 6 5 2007
u I
5 f
A OiC ALlTY
Agency Counsel
REDEVELOPMENT AGENCY
OF THE CITY OF OAKLAND
RESOLUTION No 0 0 7 0 0 4 4 C M S
AN AGENCY RESOLUTION AUTHORIZING UP TO 1 MILLION IN
OPERATING LOANS TO AFFILIATES OF OAKLAND COMMUNITY
HOUSING INC FOR THE FOLLOWING AFFORDABLE RENTAL
PROJECTS THE CALIFORNIA HOTEL 3501 SAN PABLO
AVENUE DRASNIN MANOR 2530 INTERNATIONAL
BOULEVARD ELDRIDGE GONAWAY COMMONS 115 3RD
AVENUE FOOTHILL PLAZA 311 FOOTHILL BOULEVARD
JAMES LEE COURT 690 15 STREET KENNETH HENRY
COURT 6455 FOOTHILL BOULEVARD MARIN WAY COURT
2000 INTERNATIONAL BOULEVARD NUEVA VISTA 3700
INTERNATIONAL BOULEVARD THE OAKS HOTEL 587 15TH
STREET SAN ANTONIO TERRACE 1485 E 22ND STREET SLIM
JENKINS COURT 700 WILLOW STREET
WHEREAS in 1989 and 1990 the Redevelopment Agency and the City of Oakland
jointly provided deferred loans in the amount of 4 860 000 to Cahon Associates an affiliate of
Oakland Community Housing Inc OCHI for the substantial rehabilitation ofthe California Hotel
a 150 unit residential hotel located at 3501 San Pablo Avenue and
WHEREAS in 1991 and 1993 the Redevelopment Agency and the City of Oakland
jointly provided deferred loans in the amount of 800 000 to 2530 Associates an affiliate of
OCHI for the development of Drasnin Manor a 26 unit residential development located at 2530
Intemational Blvd and
WHEREAS in 1981 the Redevelopment Agency provided a deferred loan in the
amount of 1 185 280 to Eldridge Gonaway Commons Associates an affiliate of OCHI for the
development of Eldridge Gonaway Commons a 40 unit residential development located at 1165
3rd Avenue and
WHEREAS in 1991 the Redevelopment Agency provided a deferred loan in the
amount of 810 000 to Dignity Housing West Associates an affiliate of OCHI for the
2
development of James Lee Court a 26 unit residential development located at 690 15111 Street
and
WHEREAS in 1989 the Redevelopment Agency and the City of Oakland jointly
provided deferred loans in the amount of 850 000 to OCHI and 6455 Foothill Associates an
affiliate of OCHI for development of Kenneth Henry Court a 51 unit residential development
located at 6455 Foothill Blvd and
WHEREAS in 1986 1987 and 1993 the Redevelopment Agency and the City of
Oakland jointly provided deferred loans in the amount of 1 640 500 to San Antonio Commons
Inc an affiliate of OCHI for the development of Marin Way Court a 20 unit residential
development located at 2000 International Blvd and
WHEREAS in 1984 and 1987 the Redevelopment Agency and the City of Oakland
jointly provided deferred loans in the amount of 1 850 000 to Nueva Vista Associates an affiliate
of OCHI for the development of Nueva Vista a 30 unit residential development located at 3700
International Blvd and
WHEREAS in 1985 and 1986 the Redevelopment Agency and the City of
Oakland jointly provided deferred loans in the amount of 2462 763 to Oaks Associates an
affiliate of OCHI for the substantial rehabilitation of the Oaks Hotel a 85 unit residential hotel
located at 587 15th Street and
WHEREAS in 1989 the Redevelopment Agency and the City of Oakland jointly
provided deferred loans in the amount of 1 197 000 to San Antonio Terrace Associates an
affiliate of OCHI for the development of San Antonio Terrace a 23 unit residential development
located at 1485 East 22nd Street and
WHEREAS in 1989 1993 and 1994 the Redevelopment Agency and the City of
Oakland jointly provided deferred loans in the amount of 5 762 415 to Slim Jenkins Court
Associates an affiliate of OCHI for the development of Slim Jenkins Court a 32 unit residential
development located at 700 Willow Street and
WHEREAS in 2005 FHP Housing Associates an affiliate of OCHI acquired the
property at 6311 Foothill Blvd and assumed the City of Oakland loan in the amount of 1 054 053
for ownership of Foothill Plaza a 54 unit residential development at 6311 Foothill Blvd and
WHEREAS in 2006 the City of Oakland approved the restructuring of the loan to
FHP Housing Associates from an amortizing loan to a residual receipts loan and
WHEREAS the OCHI affiliates contracted with Oakland Community Housing
Management OCHM to manage the day to day operation of ten of these properties and
WHEREAS FHP Housing Associates an OCHI affiliate contracted with AF Evans
to manage the day to day operation of Foothill Plaza and
WHEREAS the majority of the properties have operated at a deficit for the last few
years with the deficit being subsidized with funds from OCHM and OCHI and
3
WHEREAS both OCHI and OCHM are in a financial crisis due to the continued
subsidy to the affordable housing rental buildings owned and operated by OCHI its affiliates and
OCHM and
WHEREAS the units in these projects are rented at prices affordable to
households earning no more than 80 of area median income and
WHEREAS the 637 residential units provided by these projects are an important
source of residential units housing for the low and very low income residents who would
otherwise be homeless and
WHEREAS the City of Oakland s Consolidated Plan for Housing and Community
Development indicates that there is a need to preserve affordable rental housing and has
identified this activity as a priority and
WHEREAS California Health and Safety Code Sections 33334 2 and 33334 3
authorize a redevelopment agency to use its low and moderate income housing funds to preserve
housing affordable to very low income households and to provide subsidies for the benefit of such
households and
WHEREAS funds are available from the Agencys 2006 Housing Bond Proceeds
Fund 9584 Housing Development Organization 88929 2006 Housing Bond Project
L29041 0 to make operating loans to these projects and
WHEREAS the requirements of the California Environmental Quality Act of 1970
CEQA the CEQA Guidelines as prescribed by the Secretary for Resources and the
provisions of the Environmental Review Regulations of the City of Oakland have been satisfied
and
WHEREAS this action is exempt from CEQA per Section 15301 of the CEQA
guidelines continuing operation of existing facilities now therefore be it
RESOLVED That the Redevelopment Agency hereby authorizes the Agency Administrator or her designee to provide loans in an aggregate amount not to exceed 1 000 000
to affiliates of OCHI to be used for operating support for the rental housing projects listed above
and be it
FURTHER RESOLVED That affiliate as used herein is defined as an entity that
holds title to the individual rental housing project in the OCHI Oakland portfolio and be it
FURTHER RESOLVED That 1 000 000 shall be allocated from the 2006
Housing Bond Proceeds Fund 9584 Housing Development Organization 88929 2006
Housing Bond Project L290410 to cover the operating subsidies to the affordable housing units and be it
FURTHER RESOLVED That disbursements made under each loan will be made
on a reimbursement basis or on the basis of direct Agency payments to third party vendors or
4
contractors and shall only cover costs directly related to costs for the transition of the projects
listed above to a new property management firm or for verifiable operating expenses for each
property to the extent that the projects income cannot cover these costs and be it
FURTHER RESOLVED That 120 000 of the allocation shall be used to
reimburse OCHI for funds previously disbursed by OCHI to its affiliate for costs associated with
the California Hotel and be it
FURTHER RESOLVED That each loan shall be for a maximum term of 55 years
with an interest rate to be determined by the Agency Administrator in his or her discretion with
repayment to the Agency from surplus cash flow from the project and other available funds during the term of the loan with the balance due at the end of the term or on such other repayment
terms and schedule as the Agency Administrator or his or her designee determines are in the
best interests of the Agency and the operations ofthe project and be it
FURTHER RESOLVED That as a condition of each loan the Agency will require that appropriate restrictions on project occupancy rents and operations be recorded against the
property and be it
FURTHER RESOLVED That each loan shall be secured by a deed of trust on the
project land and or improvements and be it
FURTHER RESOLVED That the making of these loans shall be contingent on
and subject to such other appropriate terms and conditions as the Agency Administrator or his or
her designee may establish and be it
FURTHER RESOLVED That the Agency hereby authorizes the Agency Administrator or his or her designee in his or her discretion to subordinate the priority of the
Agency s deed of trust and or affordability restrictions to a lien or encumbrance of another private or governmental entity providing financial assistance to the project if the Agency Administrator or
his or her designee determines that 1 an economically feasible alternative method of financing the project on substantially comparable terms and conditions but without subordination is not
reasonably available 2 the Agency s investment in the project in the event of default is
reasonably protected and 3 subordination is in the best interests of the Agency and be it
FURTHER RESOLVED That all loan documents shall be reviewed and approved
by Agency Counsel for form and legality prior to execution and copies will be placed on file with
the Agency Secretary and be it
5
FURTHER RESOLVED That the Agency hereby appoints the Agency Administrator and his or her designee as agent of the Agency to conduct negotiations execute
documents allocate the loans to projects administer the loans extend or modify the repayment terms and take any other action with respect to the loans and the projects consistent with this
Resolution and its basic purpose
IN AGENCY OAKLAND CALIFORNIA
PASSED BY THE FOLLOWING VOTE
JUN Ii 2007 2007
AYES BROOKS BRUNNER CHANG KERNIGHAN NADEL REID AND CHAIRPERSON DE
LA FUENTE
NOES
ABSENT Q
ABSTENTION
QA I I L
ATTEST
LaTonda Simmons
Secretary of the Redevelopment Agency
of the City of Oakiand
Bishop & Barry lawfirm trying to slander attorney John Murcko?

On the afternoon of July 2, 2008 I received a call from Carol Healey, of the Bishop & Barry lawfirm.

Ms. Healey stated that she wanted to clarify a few things about the above posting about 500 tenants facing eviction.

First, Ms. Healey stated that she used to represent the owners of the California Hotel (OCHI), and that at no time have 500 residents ever resided at the California Hotel, all at the same time.

Ms. Healey stated that she works for a lawfirm called Bishop and Barry, and that the phone number is 510/596-0888.

Ms. Healey went on to say that some people have been trying to bankrupt OCHI, and that I should call up attorney John Murcko to ask him about that.

When I asked Ms. Healey directly why she was calling me in an effort to convince me that some people are trying to bankrupt the non profit housing organization at a time when she claims that she no longer represented OCHI, Ms. Healey then seemed to panic and suddenly hung up on me.

Since then I have called the lawfirm of Bishop and Barry (510/596-0888) several times this afternoon, and a woman by the name of Marisol answered the phone each time.

Marisol verified that Carol Healey currently works for the lawfirm of Bishop and Barry, asked what my name is and after a brief moment of silence, Marisol got back on the line to tell me that Ms. Healey was not at her desk and could not be reached at the moment.

During the next half hour after several more times of trying to reach Carol Healey, Marisol asked me what I wanted and that perhaps another attorney named Mary Ryan may be of assistance to me.

I stated that I am a writer and that a number of publications publish my articles. I told Marisol how Ms. Healey had just contacted me only minutes before, and went on to say that I wanted to verify if Ms. Healey had anything further to say beyond the attempt to slander attorney John Murcko, with her off handed comment that some people are trying to bankrupt OCHI.

Marisol then apparently tried to reach Ms. Ryan, and soon Marisol was back on the line to say that Ms. Ryan was not at her desk either. It appeared that Mary Ryan did not want to talk to me about the phone call I received from Carol Healey, and no one seemed to be available.

When I asked Marisol if the attorneys Bishop or Barry were around to talk to me, Marisol stated that Ms. Bishop had passed away and that Nelson Barry was not available.

I contacted attorney John Murcko who verified that Carol Healey did represent OCHI, and Mr. Murcko clarified that theres a total of around 500 tenants in all of OCHI's properties in Oakland who are being forced from their housing, and that only around 75 people currently reside in the California Hotel.

Lynda Carson
510/763-1085






OCHI Attorney (Carol Lee Healey) Targets Indy Media Contributor

Corporate attorney Carol Lee Healey of Bishop, Barry, Howe, Haney & Ryder lawfirm in Emeryville, singled out Lynda Carson for an attack & criticism for the above contributions about 500 facing eviction in Oakland, during a phone call made to Ms. Carson on July 2 by Carol Lee Healey, from the lawfirm office of Bishop, Barry, Howe, Haney & Ryder.

During the same phone conversation, Carol Lee Healey slandered attorney John Murcko by trying to convince Lynda Carson that attorney John Murcko was trying to bankrupt Oakland Community Housing, Inc. (OCHI), the non profit landlord evicting 500 tenants from their housing in Oakland.

Attorney Carol Lee Healey panicked and suddenly hung up the phone when she was asked why she made her phone call to Carson, and made an effort to defame John Murcko?

Attorney Carol Lee Healey claimed that she used to represent OCHI as an attorney, but when asked directly why she was contacting Lynda Carson (Indy Media Contributer) if she no longer represented OCHI in any capacity, Healey could not explain her actions or why she called Carson from the lawfirm of Bishop, Barry, Howe, Haney & Ryder, on July 2, 2008.

Lynda Carson
510/763-1085

************
Carol Lee Healey Represented OCHI, While OCHI Was Under Fire For
Rat, Roach & Bedbug Infestations Occurring At The California Hotel, In Oakland.

Click on links below for more...

OAKLAND INFESTATION: Tenants Sucked Dry by Bedbugs and Landlords

http://www.indybay.org/newsitems/2005/10/07/17731601.php

>>>>>>>>>
California Hotel, Oakland -- 500 face eviction in Oakland

http://news.google.com/news?hl=en&tab=wn&ned=&q=California+Hotel%2C+Oakland&btnG=Search+News

************
Who Is Bishop, Barry, Howe, Haney & Ryder? And why did one of their attorneys (Carol Lee Healey) contact Lynda Carson on July 2, 2008, to disparage Oakland attorney John Murcko?


LAWYER PROFILES

The Firm - Bishop, Barry, Howe, Haney & Ryder

Shareholders
(listed alphabetically)

Nelson C. Barry
Andrew A. Goode
Jonathan Gross
Jeffrey N. Haney
Carol L. Healey
Drayton F. Howe
Mark C. Raskoff
Mary Margaret Ryan

Associates and Of Counsel
(listed alphabetically)

O. Antony Abdollahi
Jay E. Framson
Dennis P. Gildea
Michelle D. Jew
Peter J. Linn
Elaine I. Videa

chealey [at] bbhhr.com, nbarry [at] bbhhr.com, agoode [at] bbhhr.com, jgross [at] bbhhr.com, jhaney [at] bbhhr.com, dhowe [at] bbhhr.com, mraskoff [at] bbhhr.com, mryan [at] bbhhr.com, oabdollahi [at] bbhhr.com, jframson [at] bbhhr.com, dgildea [at] bbhhr.com, mjew [at] bbhhr.com, plinn [at] bbhhr.com, evidea [at] bbhhr.com

****************
Carol L. Healey (Shareholder)

Born Boston, Massachusetts; admitted to bar, 1974, California and U.S. District Courts for Northern and Eastern Districts

Judge Pro Tem, San Francisco and Alameda Unified Courts
Fee Arbitrator, Alameda County Bar Association lawyer fees panel, 2005 - present
Abitrator, San Francisco panel, 1980 - present
Other Language: Spanish

Education:

Ohio University (A.B.)
Hastings College of Law, University of California (J.D., 1974)

Publications/Lectures:

Faculty lecturer, National Institute of Trial Advocacy, 1984
Author and speaker, "Lawyer Ethics, Discipline and Legal Malpractice Actions in California", May 15, 1997, seminar for Risk Enterprise Management Claim Counsel
Author and speaker, "Enforcement of Confidential Settlement Agreements", 2002, seminar for Interstate Insurance

Member:

State Bar of California
State Bar of California: Committee on Rules and Procedures, 1982-1985
Judicial Council Advisory Committee on Rules and Procedures of Court, 1985-1988
Lawyer-Pilots Bar Association
Alameda County Bar Association

Practice Areas:

Complex Litigation
Professional Liability
Civil Rights
Elder Law
Insurance Defense
Construction Litigation
Insurance Coverage
Environmental Law

Contact:
Phone: (510) 596-0888
Fax: (510) 596-0899
e-mail chealey [at] bbhhr.com

***************
Martindale.com

http://tinyurl.com/5x39d4

Name:
Carol L. Healey

Position:
Member

Organization:
Bishop, Barry, Howe, Haney & Ryder, A Professional Corporation

Practice Areas:
Complex Litigation; Professional Liability; Civil Rights; Elder Law; Insurance Defense; Construction Defect Litigation; Insurance Coverage; Toxic Torts; Appellate Practice

Office:
Emeryville, California (Alameda Co.)

************
Carol Lee Healey.

http://members.calbar.ca.gov/search/member_search.aspx?ms=Healey%2C+Carol

Active - attorney
Number - 61461
City - Emeryville
Admission Date - December 1974

*************
License & Disciplinary Sanctions

34 years since Carol Lee Healey was first licensed to practice law in CA. See details.


Carol Lee Healey - #61461

Current Status: Active

This member is active and may practice law in California.

http://members.calbar.ca.gov/search/member_detail.aspx?x=61461

See below for more details.

Profile Information

Bar Number
61461

--Location--
Bishop Barry et al
Watergate Tower III
2000 Powell Street Suite

Address
Bishop Barry Howe et al
2000 Powell St #1425
Emeryville, CA, 94608
Phone Number
(510) 596-0888

Fax Number
(510) 596-0899

e-mail
Not Available 

District
District 3
Undergraduate School
Ohio State Univ; Columbus OH

County
Alameda
Law School
UC Hastings COL; San Francisco CA

Sections
None

Status History

Effective Date
Status Change

Present
Active

12/18/1974
Admitted to The State Bar of California

Explanation of member status

Actions Affecting Eligibility to Practice Law

Disciplinary and Related Actions

This member has no public record of discipline.

Administrative Actions

This member has no public record of administrative actions.

**************
061460
HEALEY, CAROL L
unavailable
Case:  0461184  FRANK CLARK VS GERALD SAMUEL JONES ET AL
Attorney
15-MAY-1992

http://tinyurl.com/3hvm3m

*************
FAA Registry
Name Inquiry Results

http://tinyurl.com/4k4dm3


Name Entered : HEALEY CAROL
Sorted by Name
Number of Records: 1 (Page 1 of 1)


N-Number
Serial Number
Manufacturer Name
Model
Name

4792W
14132
ROCKWELL INTERNATIONAL
114
HEALEY CAROL L

***********
C HEALEY
11-17-1999
3038 SHATTUCK AVE, BERKELEY, CA 94705
510-845-4417

***********
CAROL L HEALEY
415-564-1344
SAN FRANCISCO, CA 94122
County: SAN FRANCISCO
Date Recorded: 11/01/2005

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