You are on page 1of 28

Hi Greg,

Before I forget, here is a signed copy of the declaration I sent you a couple weeks ago when I was on
vacation.

Hi Greg,
Here is one more declaration letter as well as the letter that 28 residents signed and sent by certified
mail to Mr. Jara on July 12.
We expect to have another declaration from the immediately adjacent

family Monday evening.

wrote:

On Wed, Aug 27, 2014 at 11 :06 PM,


Here's another.

wrote:

On Wed, Aug 27, 2014 at 8:47 PM,


Thanks Greg!

I'll try to set up a time to talk with


neighbors over the next few days. They have told me on
different occasions of the specific problems they have had. If I can get them to come over I'll go
through the list and try to have them dictate a few sentences for each. If this doesn't work, I'll ask
them if they would meet with an interpreter. They all drive taxis so should be able to make time to
come to city hall.
I'll also reach out to
this week.

and

and I each have a few more households on our list to contact

On Wed, Aug 27, 2014 at 5:59 PM, Minor, Gregory<GMinor@oaklandnet.com> wrote:


Great work! I met with a neighbor of yours,
who is similarly concerned about
Suprema Meats but was unaware of
u s efforts. I provided him with the declaration form and
he can be reached at '
37

In terms of translation, supposedly we can provide an interpreter for


languages but we need to
provide 7 days notice to Equal Access in order to find an interpreter. Do you know what exact
language your neighbor speaks? And would they be available to meet during the day or hear in city
hall to work on the declaration?
Best,
Greg
From:
[mailt
Sent: Wednesday, August 27, 2014 4:22 PM
To: Minor, Gregory

Cc:
Subject: Re: Nuisance code violations

Hi Greg,
I'm attaching 6 more declarations.
Were you able to get information on an interpreter who could help with the
living right next door to Suprema?

who are

Thanks,

On Wed, Aug 13, 2014 at 10:55 PM,


And another ...

<

rote:

On Wed, Aug 13, 2014 at 6:37 PM,


Hi Greg and

rote:

I sent you an invitation this afternoon for a dropbox site where you can access photos, videos etc.
that are too large to email. I hope you got the email (check your spam folder if not). Please see the
videos as these demonstrate without a doubt the traffic safety hazards and over-occupation of the
public streets for loading activities.

On Wed, Aug 13, 2014 at 5:55 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for sending; feel free to forward a signed copy when you get back from vacation.
Have a great vacation,
Greg
From:
[mailto:
Sent: Wednesday, August 13, 2014 10:26 AM

38

To: Minor, Gregory


Cc:
Subject: Re: Nuisance code violations
Hi Greg,
My declaration is attached. We're on vacation this week and can't immediately sign it. We might have
access to a printer tonight though, in which case we'll sign + scan.

On Tue, Aug 12, 2014 at 1 :09 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for forwarding and no doubt gathering declarations from neighbors can be challenging.
would suggest just doing the best you can and let me know if you feel like you have hit a dead end so

we can brainstorm solutions.


In regards to neighbors moving out, though, declarations from those who have moved would be
powerful if their move was a result of Suprema's operations; so if you have their contact info it might
be worth reaching out to them as well.

Best,
Greg

From:
[mailto
Sent: Tuesday, August 12, 2014 12:34 PM
To: Minor, Gregory
Cc:
Subject: Re: Nuisance code violations
Hi Greg,

I will just keep forwarding as received. This one is from long time residents that live a block north over
on
behind my back yard and another house down. The noise from loading carries quite a
distance as it echoes between houses and through yards. We are reaching out to the south side on
Aileen where many back yards and bedrooms are in close proximity to the warehouses and truck
yards.
I would like to point out that it's not easy getting all this together. There is turnover in very nearby
households where the suffering is greatest due to the noise etc., people who speak very little English
and have difficulty articulating the impacts, and people who have complained to the city over the
years without results. Also, right across the str~et from suprema is an empty house and another
house (next to mine) that was just cleared of a drug dealer who was afraid to complain about the
noise. The owner has just moved back in 2 weeks ago but is very ill and we don't want to disturb or
burden her even more.

39

On Mon, Aug 11, 2014 at 10:49 PM,


Hi Greg,

rote:

Here's my declaration with the paragraphs numbered.


(

Again, sorry mine is so long winded .... thanks for your patience!

On Mon, Aug 11, 2014 at 4:22 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for forwarding.
Three quick things to consider going forward:

1.

If you can include the paragraph numbers in the rest of the declarations that would be
appreciated as it makes it much easier to reference specific sections.
2. In determining what's "enough" I'll be looking for two things:
a. Whether there's a nuisance;
b. Whether the nuisance is a public one, which state law defines as "one which affects
at the same time an entire community or neighborhood, or any considerable number of
persons."
3. Declarations that state conclusions/assumptions are less helpful than those that detail facts
declaration he claims
based on the declarant's personal knowledge. For example, in
that "there have been accidents inching out into the street" but it's not clear how he knows this (eg
was he in an accident, did he see an accident, did he hear one? Etc)
Best,
Greg

From:
[mailto
Sent: Monday, August 11, 2014 2:29 PM
To: Minor, Gregory

Cc:
Subject: Re: Nuisance code violations
Hi Greg,
Here are the first 3 resident declarations and one house sitter statement. There should be two more
letters by tomorrow morning and in time there could be many more. As you're reviewing these, can
you please let us know when enough have been collected for your needs?
Thanks,

On Sat, Aug 9, 2014 at 5:50 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:

40

It would be ideal if they were signed under penalty of perjury and also if they have any recent
updates. Perhaps they can just copy the content from the past letter into the new format and just add

any updates.
Best
Greg
Sent from my iPhone
On Aug 9, 2014, at 5:17 PM, "

wrote:

Thanks Greg. Will the resident letters we already sent you carry weight without the
leading declaration under penalty of perjury ... ? Some of the past letters are from key
neighbors. Should we ask them to submit new letters in this format?

On Fri, Aug 8, 2014 at 6:25 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:


Hi
and PeterFollowing up on our call this morning, attached is a sample declaration for neighbors
affected by Suprema to fill out. There's no exact rule on how long each declaration
should be; the four paragraph outline is just meant as a guide. What is important is that
the declarations are full of truthful information and if possible contain detailed
descriptions as opposed to broad generalizations. And as I mentioned earlier, it is fine
(and in fact more credible) if the declarations show that different neighbors are impacted
differently and to different degrees.
Feel free to follow up with me if you have any questions and let's check in sometime
next week to see how it is going.
Best,
Greg Minor
Assistant to the City Administrator
Nuisance Abatement/Special Activity Permits Division
1 Frank H. Ogawa Plaza, 11th Floor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
gminor@oaklandnet.com

From:
[mailto:
Sent: Thursday, August 07, 2014 5:57 PM
To: Minor, Gregory
; DeVries, Joe
Cc:
Subject: Nuisance code violations

Hi Greg,
41

I've attached the Municipal Code 24.010 with the 15+ violations by Suprema. I did not
include photos for each of the violations, but will do so if needed. Let me know.

Hi Greg,
Another declaration from 57th St, and my declaration to which I added more detail about observations
related to expanded truck volume and hours of operation beginning in fall 2013 and a paragraph
about three incidents of intimidation tactics against me personally.
Thanks,

On Thu, Oct 2, 2014 at 11 :54 PM,


Hi Greg,

wrote:

Here is one more declaration letter as well as the letter that 28 residents signed and sent by certified
mail to Mr. Jara on July 12.
We expect to have another declaration from the immediately adjacent

On Wed, Aug 27, 2014 at 11 :06 PM,


Here's another.

family Monday evening.

wrote:

On Wed, Aug 27, 2014 at 8:47 PM,


Thanks Greg!

wrote:

I'll try to set up a time to talk with the


neighbors over the next few days. They have told me on
different occasions of the specific problems they have had. If I can get them to come over I'll go
through the list and try to have them dictate a few sentences for each. If this doesn't work, I'll ask
them if they would meet with an interpreter.
so should be able to make time to
come to city hall.
42

I'll also reach out to


this week.

and

and I each have a few more households on our list to contact

On Wed, Aug 27, 2014 at 5:59 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Great work! I met with a neighbor of yours,
, who is similarly concerned about
Suprema Meats but was unaware of your guys efforts. I provided him with the declaration form and
he can be reached at '
In terms of translation, supposedly we can provide an interpreter for
languages but we need to
provide 7 days notice to Equal Access in order to find an interpreter. Do you know what exact
language your neighbor speaks? And would they be available to meet during the day or hear in city
hall to work on the declaration?
Best,
Greg
From:
[mailto
Sent: Wednesday, August 27, 2014 4:22 PM
To: Minor, Gregory
Cc:
Subject: Re: Nuisance code violations

Hi Greg,
I'm attaching 6 more declarations.
Were you able to get information on an interpreter who could help with the
living right next door to Suprema?

families who are

Thanks,

rote:

On Wed, Aug 13, 2014 at 10:55 PM,


And another...

On Wed, Aug 13, 2014 at 6:37 PM,


Hi Greg and
I sent you an invitation this afternoon for a dropbox site where you can access photos, videos etc.
that are too large to email. I hope you got the email (check your spam folder if not). Please see the
videos as these demonstrate without a doubt the traffic safety hazards and over-occupation of the
public streets for loading activities.

43

On Wed, Aug 13, 2014 at 5:55 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for sending; feel free to forward a signed copy when you get back from vacation.
Have a great vacation,
Greg
From:
[mailto:
Sent: Wednesday, August 13, 2014 10:26 AM
To: Minor, Gregory
Cc:
Subject: Re: Nuisance code violations

Hi Greg,
My declaration is attached. We're on vacation this week and can't immediately sign it. We might have
access to a printer tonight though, in which case we'll sign+ scan.

On Tue, Aug 12, 2014 at 1:09 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for forwarding and no doubt gathering declarations from neighbors can be challenging.
would suggest just doing .the best you can and let me know if you feel like you have hit a dead end so
we can brainstorm solutions.
In regards to neighbors moving out, though, declarations from those who have moved would be
powerful if their move was a result of Suprema's operations; so if you have their contact info it might
be worth reaching out to them as well.
Best,
Greg
From:
[mailto
Sent: Tuesday, August 12, 2014 12:34 PM
To: Minor, Gregory
Cc:
Subject: Re: Nuisance code violations

Hi Greg,
I will just keep forwarding as received. This one is from long time residents that live a block north over
on Arlington behind my back yard and another house down. The noise from loading carries quite a
distance as it echoes between houses and through yards. We are reaching out to the south side on
Aileen where many back yards and bedrooms are in close proximity to the warehouses and truck
yards.

44

I would like to point out that it's not easy getting all this together. There is turnover in very nearby
households where the suffering is greatest due to the noise etc., people who speak very little English
and have difficulty articulating the impacts, and people who have complained to the city over the
years without results. Also, right across the street from suprema is an empty house and another
house (next to mine) that was just cleared of a drug dealer who was afraid to complain about the
noise. The owner has just moved back in 2 weeks ago but is very ill and we don't want to disturb or
burden her even more.

On Mon, Aug 11, 2014 at 10:49 PM,


Hi Greg,

wrote:

Here's my declaration with the paragraphs numbered.


Again, sorry mine is so long winded .... thanks for your patience!

On Mon, Aug 11, 2014 at 4:22 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for forwarding.
Three quick things to consider going forward:
1. If you can include the paragraph numbers in the rest of the declarations that would be
appreciated as it makes it much easier to reference specific sections.
2. In determining what's "enough" I'll be looking for two things:
a. Whether there's a nuisance;
b. Whether the nuisance is a public one, which state law defines as "one which affects
at the same time an entire community or neighborhood, or any considerable number of
persons."

3. Declarations that state conclusions/assumptions are less helpful than those that detail facts
based on the declarant's personal knowledge. For example, in
declaration he claims
that "there have been accidents inching out into the street" but it's not clear how he knows this (eg
was he in an accident, did he see an accident, did he hear one? Etc)
Best,
Greg
From:
[mailt
Sent: Monday, August 11, 2014 2:29 PM
To: Minor, Gregory
Cc:
Subject: Re: Nuisance code violations

Hi Greg,

45

Here are the first 3 resident declarations and


. There should be two more
letters by tomorrow morning and in time there could be many more. As you're reviewing these, can
you please let us know when enough have been collected for your needs?
Thanks,

On Sat, Aug 9, 2014 at 5:50 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:


It would be ideal if they were signed under penalty of perjury and also if they have any recent
updates. Perhaps they can just copy the content from the past letter into the new format and just add
any updates.
Best
Greg
Sent from my iPhone
wrote:

On Aug 9, 2014, at 5:17 PM, "

Thanks Greg. Will the resident letters we already sent you carry weight without the
leading declaration under penalty of perjury ... ? Some of the past letters are from key
neighbors. Should we ask them to submit new letters in this format?

On Fri, Aug 8, 2014 at 6:25 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:


Hi
and
Following up on our call this morning, attached is a sample declaration for neighbors
affected by Suprema to fill out. There's no exact rule on how long each declaration
should be; the four paragraph outline is just meant as a guide. What is important is that
the declarations are full of truthful information and if possible contain detailed
descriptions as opposed to broad generalizations. And as I mentioned earlier, it is fine
(and in fact more credible) if the declarations show that different neighbors are impacted
differently and to different degrees.
Feel free to follow up with me if you have any questions and let's check in sometime
next week to see how it is going.
Best,
Greg Minor
Assistant to the City Administrator
Nuisance Abatement/Special Activity Permits Division
1 Frank H. Ogawa Plaza, 11th Floor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
gminor@oaklandnet.com
46

From:
[mailto
Sent: Thursday, August 07, 2014 5:57 PM
To: Minor, Gregory
Cc:
; DeVries, Joe
Subject: Nuisance code violations
Hi Greg,
I've attached the Municipal Code 24.010 with the 15+ violations by Suprema. I did not
include photos for each of the violations, but will do so if needed. Let me know.

Hi Greg,
Here is one of the most important declarations, from the
representing themselves
and their extended family that live in the duplex right next door to Suprema.

wrote:

On Mon, Oct 6, 2014 at 10:48 PM,


Hi Greg,

Another declaration from 57th St, and my declaration to which I added more detail about observations
related to expanded truck volume and hours of operation beginning in fall 2013 and a paragraph
about three incidents of intimidation tactics against me personally.
Thanks,

wrote:

On Thu, Oct 2, 2014 at 11 :54 PM,


Hi Greg,

Here is one more declaration letter as well as the letter that 28 residents signed and sent by certified
mail to Mr. Jara on July 12.
47

We expect to have another declaration from the immediately adjacent

family Monday evening.

On Wed, Aug 27, 2014 at 11 :06 PM,


Here's another.

wrote:

On Wed, Aug 27, 2014 at 8:47 PM,


Thanks Greg!

wrote:

I'll try to set up a time to talk with the


neighbors over the next few days. They have told me on
different occasions of the specific problems they have had. If I can get them to come over I'll go
through the list and try to have them dictate a few sentences for each. If this doesn't work, I'll ask
them if they would meet with an interpreter. They all drive taxis so should be able to make time to
come to city hall.
I'll also reach out to
this week.

and

and I each have a few more households on our list to contact

On Wed, Aug 27, 2014 at 5:59 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
, who is similarly concerned about
Great work! I met with a neighbor of yours,
Suprema Meats but was unaware of your guys efforts. I provided him with the declaration form and
he can be reached at
In terms of translation, supposedly we can provide an
languages but we need to
provide 7 days notice to Equal Access in order to find an interpreter. Do you know what exact
language your neighbor speaks? And would they be available to meet during the day or hear in city
hall to work on the declaration?
Best,
Greg
From:
[mailto
Sent: Wednesday, August 27, 2014 4:22 PM
To: Minor, Gregory
Cc:
Subject: Re: Nuisance code violations
Hi Greg,
I'm attaching 6 more declarations.
Were you able to get information on an interpreter who could help with the
living right next door to Suprema?
48

families who are

Thanks,

wrote:

On Wed, Aug 13, 2014 at 10:55 PM,


And another ...

On Wed, Aug 13, 2014 at 6:37 PM,


Hi Greg and

wrote:

I sent you an invitation this afternoon for a dropbox site where you can access photos, videos etc.
that are too large to email. I hope you got the email (check your spam folder if not). Please see the
videos as these demonstrate without a doubt the traffic safety hazards and over-occupation of the
public streets for loading activities.

On Wed, Aug 13, 2014 at 5:55 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for sending; feel free to forward a signed copy when you get back from vacation.
Have a great vacation,
Greg
From:
[mailto:
Sent: Wednesday, August 13, 2014 10:26 AM
To: Minor, Gregory
Cc:
Subject: Re: Nuisance code violations

Hi Greg,
My declaration is attached. We're on vacation this week and can't immediately sign it. We might have
access to a printer tonight though, in which case we'll sign + scan.

On Tue, Aug 12, 2014 at 1:09 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for forwarding and no doubt gathering declarations from neighbors can be challenging.
would suggest just doing the best you can and let me know if you feel like you have hit a dead end so
we can brainstorm solutions.
In regards to neighbors moving out, though, declarations from those who have moved would be
powerful if their move was a result of Suprema's operations; so if you have their contact info it might
be worth reaching out to them as well.

49

Best,
Greg
From:
[mailto
Sent: Tuesday, August 12, 2014 12:34 PM
To: Minor, Gregory

Cc:
Subject: Re: Nuisance code violations

Hi Greg,
I will just keep forwarding as received. This one is from long time residents that live a block north over
on Arlington behind my back yard and another house down. The noise from loading carries quite a
distance as it echoes between houses and through yards. We are reaching out to the south side on
Aileen where many back yards and bedrooms are in close proximity to the warehouses and truck
yards.

I would like to point out that it's not easy getting all this together. There is turnover in very nearby
households where the suffering is greatest due to the noise etc., people who
and have difficulty articulating the impacts, and people who have complained to the city over the
years without results. Also, right across the street from suprema is an empty house and another
house (next to mine) that was just cleared of a drug dealer who was afraid to complain about the
noise. The owner has just moved back in 2 weeks ago but is very ill and we don't want to disturb or
burden her even more.

On Mon, Aug 11, 2014 at 10:49 PM,


Hi Greg;
Here's my declaration with the paragraphs numbered.
Again, sorry mine is so long winded .... thanks for your patience!

On Mon, Aug 11, 2014 at 4:22 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for forwarding.
Three quick things to consider going forward:
1. If you can include the paragraph numbers in the rest of the declarations that would be
appreciated as it makes it much easier to reference specific sections.
2. In determining what's "enough" I'll be looking for two things:
a. Whether there's a nuisance;
b. Whether the nuisance is a public one, which state law defines as "one which affects
at the same time an entire community or neighborhood, or any considerable number of
persons."
50

3. Declarations that state conclusions/assumptions are less helpful than those that detail facts
declaration he claims
based on the declarant's personal knowledge. For example, in
that "there have been accidents inching out into the street" but it's not clear how he knows this (eg
was he in an accident, did he see an accident, did he hear one? Etc)
Best,
Greg
From:
[mailto
Sent: Monday, August
'
.-'
To: Minor, Gregory
Cc:
Subject: Re: Nuisance code violations

Hi Greg,
Here are the first 3 resident declarations and one house sitter statement. There should be two more
letters by tomorrow morning and in time there could be many more. As you're reviewing these, can
you please let us know when enough have been collected for your needs?
Thanks,

On Sat, Aug 9, 2014 at 5:50 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:


It would be ideal if they were signed under penalty of perjury and also if they have any recent
updates. Perhaps they can just copy the content from the past letter into the new format and just add
any updates.
Best
Greg
Sent from my iPhone
wrote:

On Aug 9, 2014, at 5:17 PM, "

Thanks Greg. Will the resident letters we already sent you carry weight without the
leading declaration under penalty of perjury ... ? Some of the past letters are from key
neighbors. Should we ask them to submit new letters in this format?

On Fri, Aug 8, 2014 at 6:25 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:


Hi
and
Following up on our call this morning, attached is a sample declaration for neighbors
affected by Suprema to fill out. There's no exact rule on how long each declaration
should be; the four paragraph outline is just meant as a guide. What is important is that
the declarations are full of truthful information and if possible contain detailed
descriptions as opposed to broad generalizations. And as I mentioned earlier, it is fine
51

(and in fact more credible) if the declarations show that different neighbors are impacted
differently and to different degrees.
Feel free to follow up with me if you have any questions and let's check in sometime
next week to see how it is going.
Best,
Greg Minor
Assistant to the City Administrator
Nuisance Abatement/Special Activity Permits Division
1 Frank H. Ogawa Plaza, 11th Floor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
gminor@oaklandnet.com

From:
[mailto
Sent: Thursday, August 07, 2014 5:57 PM
To: Minor, Gregory
Cc:
; DeVries, Joe
Subject: Nuisance code violations
Hi Greg,
I've attached the Municipal Code 24.010 with the 15+ violations by Suprema. I did not
include photos for each of the violations, but will do so if needed. Let me know.

Hi Greg,
Just checking in about catching up with you this Friday at 9:30 and to pass along another nuisance
declaration.
52

On Tuesday a Suprema forklift with tines extended came blindly out of Suprema's yard onto 57th
Street to turn east past a big rig into 57th St as they do dozens of times daily and bumped into a car.
Luckily there were no injuries.
That makes for at least 3 pretty serious Suprema related public safety incidents in the last 5 weeks.
Telephone pole hit by big rig, fire hydrant taken out by big rig, and a resident hit by a forklift in her car.
The fire hydrant still hasn't been replaced.
By now, you've also seen our evidence of massive business expansion and the letter from Rena to all
who were at the Oct 1 meeting asking for confirmation of next steps, clarification on permit application
approval level and public comment, and request for updates.
Please let us know if you have time Friday.
Thanks,

On Mon, Oct 13, 2014 at 9:20 PM,


Hi Greg,

wrote:

I can't believe it's been 2 weeks already since our meeting with Rachel and staff. Our attorney Rena
Rickles is writing a letter regarding our understanding of next steps from that meeting. We have
completed our research re expansion and are waiting for an update from Rachel, which was
supposed to happen in a matter of days, after consulting with the city attorney's office.
Can we please schedule a call for this Friday at 9:30 am for current or anticipated. compliance plan
updates in response to Rena's letter and also t_he status of our nuisance case, especially since we
expect very little in terms of noise abatement for many months to come?
Thanks so much,

Hi Greg,
Thanks for having another conference call with us on Monday. Please confirm our understanding of
our discussion and next steps and their timing. Here's what we understood from our meeting:
Recommendations: You advise against filing a nuisance case regarding activities that create
ongoing excessive noise, blight, flood lighting on residential properties, music blasting, traffic
safety issues (all not covered by the Compliance Plan).
The reasons:
1. Public nuisance, in this case, pertains only to conditions injurious to health or a threat to public
safety, which includes unsafe traffic activity, the swath of broken glass one-block long, and
outdoor spray cleaning of the company's meat transport trucks.
2. Public nuisance, in this case, does not pertain to blight conditions, regardless of the
stipulations in CCR 3479-80, stating nuisances can be anything injurious to health or offensive
53

to the senses or an obstruction to the free use of property, so as to interfere in the comfortable
enjoyment of life or property.
3. The 20 neighbors' legal declarations and 30 neighbors' signatures on a public letter to
Suprema (all stating that the nuisances interfere with their peaceful use and enjoyment of their
property) do not constitute enough public support for a nuisance case.
4. Concern that enough of those neighbors will be willing to testify in person at a public hearing
should it come to that.
Next steps:
You will send a warning letter to Suprema, that abatement of the following nuisances will need to
occur within 30 (?)days or they will be fined immediately $1,000 per day for each of nuisance that
persists.
[FYI: the list below was included in a community courtesy letter to Suprema on July 12, 2014
(attached), requesting the company acknowledge (in writing) our concerns and state its intentions
to abate the nuisances. The company did neither.
We look forward to seeing these nuisances included in your letter:

Routine over-occupation of public right of way due to unloading of two or more big rigs at once
from multiple locations on Lowell St using multiple forklifts, loading of client vehicles in the
public streets instead of on Suprema property, and blocking the sidewalk on 5?1h St with trucks
extending out of the loading dock. Use of the streets and sidewalk as an extension of the
company yard causes traffic and pedestrian safety risks, inconvenience, and delays. (OMC
8.24.020 D.4)
Routine use of surrounding narrow streets and residential driveways to maneuver big rigs,
Suprema trucks, and forklifts often results in collisions with parked and moving residents'
vehicles and city property such as stop signs, utility poles, fire hydrants, and trees (captured on
video). (OMC 8.24.020 D.4)
Excessive, annoying, unnecessary noise from activities in the open yard and in the public
streets including Suprema employees shouting into walkie talkies, yelling to each other,
whistling, singing, blasting music, slamming equipment and product, etc. (OMC 8.18.010 Band
8.18.010 E and 8.24.020 D.4)
Use of generators and compressors to wash commercial vehicles with chemical detergents in
the open parking lot St. (OMC 17.120.080 and 17.120.090 and 8.24.020 D.6)
Harsh halogen lights in open yard shine into homes next door on 5?1h St all night long. (OMC
17.120.110)
Leaving Broken glass and debris all along the dirt mound on Lowell St between 5?1h St and
Aileen St causing a public safety hazard and an "attractive nuisance" and impacting property
values (OMC 8.24.020 Band 8.24.020 C.4 and 8.24.020 D.2 and D.7)
Long-term (greater than 6 months) blighted property with abandoned work including boarded
up windows, black plastic sheets, impacting property values. (OMC 8.24.020 A.2)

Greg: Please reconsider including this last nuisance in the letter as it has persisted for a 1.5 years:
The boarded up, second-story windows on 57 and Lowell streets are a MAJOR blight on the
neighborhood. They've already replaced the ground floor windows several months ago so why not
the rest?

Here are the codes we've identified so far. There may be more related codes in other chapters.
54

Chapter 8.18 - Nuisances


8.18.010
B.

Definitions.

including loud music and noise attributable to, but not limited to, leaf blowers, alarms, engines,
barking dogs, and other animals.

E.

Violations and Penalties-Public Nuisance.


2.

In addition to the penalties herein provided

Chapter 8.24 - Property Blight

8.24.010 - Purpose of chapter.


The purpose of this chapter is to

8.24.020 - Blighted property defined


A.

Abandoned building or structure

lllllfllllll1111."

2.
Any
reconstructed 6r demolished buildin
work is abandoned. Work is deemed abandoned when there is
or when there

B.
Attractive Nuisance. Property which is in an unsecured state so as to potentially
constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized
persons, or so as to enable persons to resort thereto for the purpose of committing a
nuisance or unlawful act;
55

C.

A Building or Structure Which is in a State of Disrepair


Buildings or structures including, but not limited to,

. For purposes of this


chapter "defaced" includes, but is not limited to, writings, inscriptions, figures,
scratches, or other markings commonly referred to as "graffiti" and peeling, flaking,
blistering, or otherwise deteriorated paint.
D.

Property inadequately maintained

2.

Property which constitutes a fire hazard or a condition considered dangerous to the


public health, safety, and general welfare,

or such buffering which is inadequately maintained. For the purposes of this section,
"buffered" shall apply to the provisions set forth in Chapter 17 .110 of the Oakland Planning
Code
Matter including, but not limited to, smoke,
which is permitted to be
determined to be a violation of federal, state, regional, or local air quality regulations,

7.

Property including, but not limited to, building facade, window, doorway, driveway,
walkway, fence, wall, landscaped planter or area, sidewalk, curb and gutter, and edge of
street pavement on which dirt, litter, vegetation, garbage, refuse, debris, flyers, or
circulars have accumulated,
Thanks,

wrote:

On Tue, Nov 18, 2014 at 8:15 AM,


Hi Greg,

Here are the pictures of the 4 big, rigs on 57th since Nov 1. "Big Red" also idled for at least 8 hours on
Lowell St until after midnight on Nov 1 waiting to unload the next morning. The police came out
56

around 9 but the truck simply moved to the other side of the street. The OPD incident # from Nov 1 is
923.
Also attaching the pies of the flood lights shining in the neighbors windows. This is the same neighbor
that had his morning sunlight blocked by the canopy that towers over his bedroom with no setback.

On Mon, Nov 17, 2014 at 12:50 AM,


Hi Greg,

wrote:

We'll use this line, ok?


Dial In # -1-888-204-5984
Access Code - 8317890
Talk with you soon,

On Fri, Nov 14, 2014 at 1:03 PM,


Me too, thanks

wrote:

Sent from my iPhone


On Nov 14, 2014, at 10:27 AM, "Minor, Gregory" <GMinor@oaklandnet.com> wrote:
Works with me.
Greg
From:
mailto:
Sent: Friday, November 14, 2014 10:25 AM
To: Minor, Gregory
Cc:
Subject: Re: nuisance case

9:30??
On Fri, Nov 14, 2014 at 9:15 AM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Yes let's talk monday.
Best
Greg
Sent from my iPhone
On Nov 14, 2014, at 8:55 AM, "

wrote:

Greg -- I assume we're moving this call to Monday. Please confirm.


On Thu, Nov 13, 2014 at 10:52 PM,
wrote:
57

Hi Greg,
I'm sorry, but tomorrow morning has just become too hectic. Do you have
any time to talk Monday morning before 10 or any time after 1?
Thanks,

On Thu, Nov 13, 2014 at 5:39 PM,


wrote:
Hi Greg,
I have to drive to Sacramento in the morning but can still do the call if you
can call us instead of having us call your conference line.
Let me know if you.can do that.
My number is

Thanks,

On Wed, Nov 12, 2014 at 12:17 PM,


wrote:
Thanks Greg!
9:30 is good for me.
Sent from my iPhone
On Nov 12, 2014, at 11 :27 AM, "Minor, Gregory"
<GMinor@oaklandnet.com> wrote:
I am available Friday morning- say 9:30- to talk.
Greg Minor
Assistant to the City Administrator
Nuisance Abatement/Special Activity Permits Division
1 Frank H. Ogawa Plaza, 11th Floor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
gminor@oaklandnet.com

From:
[mailto:Sent: Tuesday, November 11, 2014 12:17 AM
To: Minor, Gregory
Cc:
Subject: Re: nuisance case
58

Hi Greg,
Here is an updated nuisance chart, with violations that have
occurred since Nov 1 logged in red in the right column.
Can we please set up a time to get your response regarding
the many ongoing nuisances not covered in the compliance
plan, which are documented in most of the declarations we
collected?
We'd also like to know whether you believe we have a public
nuisance case according to state and municipal law (CCR
3479-80, OMC chapter 8.24).
Friday mornings seem to work.
Thanks,

On Mon, Nov 3, 2014 at 6:27 PM,


rote:
Hi Greg,
Please see attached spreadsheet of violations I nuisances
that are intended to be addressed by the compliance plan
and ongoing violations I nuisances that are not addressed.
For each violation I nuisance I reviewed all of the resident
declarations received to date and referenced the the address
and paragraph describing the impact of the ongoing
violation.
We will make note of any breach of the contract plan as well
as specific violations and nuisances that are not covered in
the plan on this spreadsheet that we become aware of. We
have already had to deal with another big rig idling and
running it's refer engine overnight on Saturday and refused
to move when police responded and my husband asked him
nicely to leave.
The public nuisance seems clear and well documented
according to municipal and state laws and that for each
violation I nuisance a "considerable number of persons"
have stated that they are impacted.
Any condition which is detrimental to the public health, safety
or general welfare or which constitutes a public nuisance as
defined in California Civil Code Section 3480 (OMC
8.24.020, CCR S 3479-3480).
CCR 3479. Anything which is injurious to health,
including, but not
59

limited to, the illegal sale of controlled


substances, or is indecent
or offensive to the senses, or an .,1191!11~111111111

, or unlawfully obstructs the free passage


or use, in the
customary manner, of any navigable lake, or river,
bay, stream,
canal, or basin, or any public park, square, street,
or highway, is a
nuisance.

Any use of property which does not have all required permits
pursuant to city codes or where such permits have expired
or been revoked (OMC 8.24.020):

Ongoing (since 1996) *CUP has never been applied


for as required or approved for principle activities
outdoors in a non-residential facility
Ongoing (Oct 2013) use of 57th St unpermitted
loading dock, canopy, and break room under canopy

Business activities are not buffered from residential


properties and substantially detract from their aesthetic and
economic values (8.24.020)
It's very frustrating to find out that the City has never
enforced the requirement for a CUP to conduct principal
activities in an open yard in a non-residential facility and has
not enforced the prohibition on use of unpermitted facilities.
It's even more frustrating that given Suprema is a repeat
offender who has used delay tactics for a year now to avoid
applying for the required permits, the City has chosen to
allow the activities and use of unpermitted structures to
continue creating a public nuisance.
Thanks,

On Fri, Oct 31, 2014 at 9:09 AM, Minor, Gregory


<GMinor@oaklandnet.com> wrote:
Dial In # - 1-888-204-5984
Access Code - 8317890
60

From:
[mailto:
Sent: Friday, October 31, 2014 9:01 AM
To: Minor, Gregory
Cc:
Subject: Re: nuisance case

Hi Greg,
Can you please send the call in number for 9:30?
Thanks,

On Tue, Oct 28, 2014 at 5:11 PM, Minor, Gregory


<GMinor@oaklandnet.com> wrote:
Friday at 930 works with me.
greg
From:
[mailt
Sent: Monday, October 27, 2014 8:44 PM
To:
Cc: Minor, Gregory;
Subject: Re: nuisance case

I can't do Thursday. Would Friday work? 9:30?


Sent from my iPhone
On Oct 27 2014 at 6:59 PM,
rote:
That works for me, too. Assuming it's a 9:30
call.
On Monday, October 27, 2014 5:22 PM,
"Minor, Gregory" <GMinor@oaklandnet.com>
wrote:

Sorry but I now need to attend a site visit in


East Oakland Wednesday morning. Can we
re-schedule to Thursday? I am available all
morning.
Thanks
Greg

61

From:
[mailto
Sent: Monday, October 27, 2014 3:01 PM
To:
Cc: Minor, Gregory;
Subject: Re: nuisance case
Works for me too.
Sent from my iPhone
On Oct 27, 2014, at 1:34 PM,
rote:
Works for me. Dial into the
conference call -- I assume.

On Monday, October 27, 2014


12:41 PM, "Minor, Gregory"
<GMinor@oakland net. com>
wrote:

Wednesday before 11 am works


with me. 930 ok?
Sent from my iPhone
>On Oct 27, 2014, at 12:34 PM,
"
>
>Hi Greg,
>
>Although we're getting good
communication now from
Planning and Zoning and have
the CUP process to undergo over
the next 4-6 weeks, we would still
like to have a call about the
nuisance case.
>
>Can we please schedule a call?
I'm pretty open so far on
Wednesday except for a 2-3
meeting. If Wednesday is not
good, I may be able to squeeze
in half an hour tomorrow after 1.
>
62

>Thanks,
>

Hi Greg,
Here's my declaration with the paragraphs numbered.
Again, sorry mine is so long winded .... thanks for your patience!

On Mon, Aug 11, 2014 at 4:22 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Thanks for forwarding.
Three quick things to consider going forward:
1. If you can include the paragraph numbers in the rest of the declarations that would be
appreciated as it makes it much easier to reference specific sections.
2. In determining what's "enough" I'll be looking for two things:
a. Whether there's a nuisance;
b. Whether the nuisance is a public one, which state law defines as "one which affects
at the same time an entire community or neighborhood, or any considerable number of
persons."
3. Declarations that state conclusions/assumptions are less helpful than those that detail facts
based on the declarant's personal knowledge. For example, in Mr. Jamerson's declaration he claims
that "there have been accidents inching out into the street" but it's not clear how he knows this (eg
was he in an accident, did he see an accident, did he hear one? Etc)
Best,
Greg

From:
[mailt
Sent: Monday, August 11, 2014 2:29 PM
To: Minor, Gregory
Cc:
Subject: Re: Nuisance code violations
63

Hi Greg,
Here are the first 3 resident declarations and one house sitter statement. There should be two more
letters by tomorrow morning and in time there could be many more. As you're reviewing these, can
you please let us know when enough have been collected for your needs?
Thanks,

On Sat, Aug 9, 2014 at 5:50 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:


It would be ideal if they were signed under penalty of perjury and also if they have any recent
updates. Perhaps they can just copy the content from the past letter into the new format and just add
any updates.
Best
Greg
Sent from my iPhone
On Aug 9, 2014, at 5:17 PM, "
Thanks Greg. Will the resident letters we already sent you carry weight without the
leading declaration under penalty of perjury ... ? Some of the past letters are from key
neighbors. Should we ask them to submit new letters in this format?

On Fri, Aug 8, 2014 at 6:25 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote;


Hi
and
Following up on our call this morning, attached is a sample declaration for neighbors
affected by Suprema to fill out. There's no exact rule on how long each declaration
should be; the four paragraph outline is just meant as a guide. What is important is that
the declarations are full of truthful information and if possible contain detailed
descriptions as opposed to broad generalizations. And as I mentioned earlier, it is fine
(and in fact more credible) if the declarations show that different neighbors are impacted
differently and to different degrees.
Feel free to follow up with me if you have any questions and let's check in sometime
next week to see how it is going.
Best,
Greg Minor
Assistant to the City Administrator
Nuisance Abatement/Special Activity Permits Division
1 Frank H. Ogawa Plaza, 11th Floor
Oakland, CA 94612
Phone: (510)238-6370
64

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