After purchasing the parcel, the owners divided the parcel into two pieces, one along Lakeside Drive featuring the apartment building, and another parcel behind the building featuring the gardens. The owners then sought to donate the gardens parcel to the City of Oakland in exchange for Historic Preservation property tax credits. Oakland's Real Estate Services Division and Office of Parks and Recreation Staff entered into discussions with the owners. City staff asserted the parcel would need disability accessibility improvements as per the ADA and its own dedicated bathroom facilities, despite bathroom facilities immediately next door at Snow Park. The city staff also insisted the owners pay $760,000 for the aforementioned upgrades, and an additional $178,000 per year, in perpetuity, for ongoing maintenance.