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Minor, Gregory

From:
Sent:
To:

Cc:
Subject:

Minor, Gregory
Wednesday, July 15, 2015 4:40 PM
'Steve Hassing'
Lum, Christina
RE: compliance plan violations

Hi Mr. HassingPer your email below I assume Mr. Jara is not inclined to stop 9pm-7am forklift activity and reach a settlement of the
most recent Notice of Violation. Let me know if that is not the case, otherwise as I mentioned yesterday I will move
forward with an amended NOV that references our public nuisance ordinance and includes additional dates.
Thank you,
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: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Wednesday, July 15, 2015 9:44 AM


To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Cc: Minor, Gregory; Candell, Chris
Subject: RE: compliance plan violations
Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been
fair.
It is our opinion that in the neighbors' organized and admitted effort to "get rid of Suprema" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprema at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The neighbors now know that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Suprema $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Minor to come back at Suprema---on behalf of the neighbors---on some other basis (which will also be
appealed).
When is Scott Miller going to issue the conditions? How much longer does Su pre ma have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation based upon unreasonable
and onerous conditions?
1

sjh

LAW OFFICES
OF

STEVEN

J ..

HASSING

Steve Hassing
(916) 677-1776 Office
(916) 677-1770 Fax
sj h@hassinglaw.co m

www.hassinglaw.com
TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]

Sent: Wednesday, July 15, 2015 9:27 AM


To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Subject: FW: compliance plan violations
Steve, Mario, and Miguel, FYI.

Rachel

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill
Subject: Re: compliance plan violations
I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift loading beteen 4:25 and about 4:40 when the first 3 trucks left.
Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

Minor, Gregory
From:

Sent:
To:

Subject:

Minor, Gregory
Wednesday, July 15, 2015 10:56 AM
Lum, Christina
RE: compliance plan violations

From: Lum, Christina [mailto:CLum@oaklandcityattorney.org]

Sent: Wednesday, July 15, 2015 10:44 AM


To: Minor, Gregory
Subject: RE: compliance plan violations

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]

Sent: Wednesday, July 15, 2015 10:17 AM


To: Lum, Christina
Subject: FW: compliance plan violations

From: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Wednesday, July 15, 2015 9:44 AM


To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Cc: Minor, Gregory; Candell, Chris
Subject: RE: compliance plan violations
Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been
fair.
It is our opinion that in the neighbors' organized and admitted effort to "get rid of Suprema" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprerna at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The neighbors now k~ow that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Suprerna $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Minor to come back at Suprema---on behalf of the neighbors---on some other basis (which will. also be
appealed).
When is Scott Miller going to issue the conditions? How much longer does Suprerna have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation based upon unreasonable
and onerous conditions?
sjh

LAW OFFICES
OF

STEVEN

j ...

HASSING

Steve Hassing
(916) 677-1776 Office
(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com
TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]


Sent: Wednesday, July 15, 2015 9:27 AM
To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Subject: FW: compliance plan violations
Steve, Mario, and Miguel, FYI.

Rachel

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill
Subject: Re: compliance plan violations

I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift loading beteen 4:25 and about 4:40 when the first 3 trucks left.
Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

This is a confidential attorney-client communication. This email contains confidential attorney-client privileged information and
is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. If you are
not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message and any
attachments.

~ Please consider the environment before printing this email


[v1.03]

Minor, Gregory
From:

Sent:
To:

Subject:

Minor, Gregory
Thursday, July 16, 2015 10:50 AM
Lum, Christina
FW: compliance plan violations

fyi

From: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Thursday, July 16, 2015 10:37 AM


To: Minor, Gregory
Cc: mmjara@comcast.net; Flynn, Rachel; Illgen, Richard
Subject: RE: compliance plan violations
Mr. Minor,
Your email refers to our telephone conversation of Tuesday, July 14, wherein you suggested that if Suprema would
expand upon certain written prohibitions contained in the compliance plan you would reduce the fines. If Suprema
would not agree you would cite Suprema by utilizing authority other than the compliance plan agreement.
Be advised that Su pre ma has given all that it intends to give. No new restrictions will be agreed to prior to reviewing the
conditions which are to be released in August.
Su pre ma has gone far beyond that which the City or the neighbors could ever legally require or enforce. It has become
abundantly clear that no matter how much ground Suprema gives it is never enough and the neighbors (or one or two
organizing neighbors) won't stop until a judge tells them that they are out of options. It has also become clear that you
are no longer acting as a fair administrator of Oakland's ordinances (and the compliance plan agreement) and have
unfairly taken the side of the neighbors and are acting on their behalf.
Regarding your threat that if Suprema does not stipulate to additional conditions and agree to reduced fines under the
existing citation now on appeal that you will add additional dates, (and I presume add additional fines), you have
violated state law and subjected the City of Oakland to serious repercussions, the limits of which are now being
researched. Suprema will not be bullied or blackmailed. I suggest that you have legal counsel review your last email.
Steve Hassing

LAW OFFICES
OF

STEVENj ... HASSING

_______ ..,....._______
Steve Hassing
(916) 677-1776 Office
(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com

TRIAL LAWYER

I BUSINESS LITIGATION

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]

Sent: Wednesday, July 15, 2015 4:40 PM


To: Steve Hassing
Cc: Lum, Christina
Subject: RE: compliance plan violations
Hi Mr. HassingPer your email below I assume Mr. Jara is not inclined to stop 9pm-7am forklift activity and reach a settlement of the
most recent Notice of Violation. Let me know if that is not the case, otherwise as I mentioned yesterday I will move
forward with an amended NOV that references our public nuisance ordinance and includes additional dates.
Thank you,
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
gm i nor@oa kla nd net.com

From: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Wednesday, July 15, 2015 9:44 AM


To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Cc: Minor, Gregory; Candell, Chris
Subject: RE: compliance plan violations
Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been
fair.

It is our opinion that in the neighbors' organized and admitted effort to "get rid of Suprema" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprema at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The neighbors now know that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Suprema $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Minor to come back at Suprema---on behalf ofthe neighbors---on some other basis (which will also be
appealed).
When is Scott Miller going to issue the conditions? How much longer does Suprema have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation based upon unreasonable
and onerous conditions?
sjh

LAW OFFICES
OF

STEVEN

j ...

HASSING

Steve Hassing
(916) 677-1776 Office
(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com
TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]

Sent: Wednesday, July 15, 2015 9:27 AM


To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Subject: FW: compliance plan violations
Steve, Mario, and Miguel, FYI.

Rachel

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill
Subject: Re: compliance plan violations

I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift loading beteen 4:25 and about 4:40 when the first 3 trucks left.
Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

Minor, Gregory
From:

Sent:
To:

Subject:

Minor, Gregory
Thursday, July 16, 2015 10:51 AM
Lum, Christina; Illgen, Richard
FW: compliance plan violations

From: Steve Hassing [mailto:sjh@hassinglaw.com]


Sent: Thursday, July 16, 2015 10:37 AM
To: Minor, Gregory
Cc: mmjara@comcast.net; Flynn, Rachel; Illgen, Richard
Subject: RE: compliance plan violations
Mr. Minor,
Your email refers to our telephone conversation of Tuesday, July 14, wherein you suggested that if Suprema would
expand upon certain written prohibitions contained in the compliance plan you would reduce the fines. If Suprema
would not agree you would cite Suprema by utilizing authority other than the compliance plan agreement.
Be advised that Suprema has given all that it intends to give. No new restrictions will be agreed to prior to reviewing the
conditions which are to be released in August.
Su pre ma has gone far beyond that which the City or the neighbors could ever legally require or enforce. It has become
abundantly clear that no matter how much ground Suprema gives it is never enough and the neighbors (or one or two
organizing neighbors) won't stop until a judge tells them that they are out of options. It has also become clear that you
are no longer acting as a fair administrator of Oakland's ordinances (and the compliance plan agreement) and have
unfairly taken the side of the neighbors and are acting on their behalf.
Regarding your threat that if Suprema does not stipulate to additional conditions and agree to reduced fines under the
existing citation now on appeal that you will add additional dates, (and I presume add additional fines), you have
violated state law and subjected the City of Oakland to serious repercussions, the limits of which are now being
researched. Suprema will not be bullied or blackmailed. I suggest that you have legal counsel review your last email.
Steve Hassing

LAW OFFICES
OF

STEVEN

j ...

HASSING

Steve Hassing
(916) 677-1776 Office
(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com

TRIAL LAWYER

I BUSINESS LITIGATION

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]

Sent: Wednesday, July 15, 2015 4:40 PM


To: Steve Hassing
Cc: Lum, Christina
Subject: RE: compliance plan violations
Hi Mr. HassingPer your email below I assume Mr. Jara is not inclined to stop 9pm-7am forklift activity and reach a settlement of the
most recent Notice of Violation. Let me know if that is not the case, otherwise as I mentioned yesterday I will move
forward with an amended NOV that references our public nuisance ordinance and includes additional dates.
Thank you,
Greg Minor
Assistant to the City Administrator
Nuisance Abatement/Special Activity Permits Division
1
1 Frank H. Ogawa Plaza, 11 h Floor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
gminor@oaklandnet.com

From: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Wednesday, July 15, 2015 9:44 AM


To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Cc: Minor, Gregory; Candell, Chris
Subject: RE: compliance plan violations
Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been
fair.

10

, It is our opinion that in the neighbors' organized and admitted effort to "get rid of Suprema" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprema at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The neighbors now know that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Suprema $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Mipor to come back at Suprema---on behalf of the neighbors---on some other basis (which will also be
appealed). ,
When is Scott Miller going to issue the conditions? How much longer does Suprema have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation based upon unreasonable
and onerous conditions?
sjh

LAW OFFICES
OF

STEVEN

J ..

HASSING

Steve Hassing

(916) 677-1776 Office


(916) 677-1770 Fax
sj h@hassinglaw.com
www.hassinglaw.com

TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]

Sent: Wednesday, July 15, 2015 9:27 AM


To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Subject: FW: compliance plan violations
Steve, Mario, and Miguel, FYI.

Rachel

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill
Subject: Re: compliance plan violations

I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift loading beteen 4:25 and about 4:40 when the first 3 trucks left.
Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

11

Minor, Gregory
From:

Sent:
To:

Subject:

Minor, Gregory
Thursday, July 16, 2015 11:17 AM
Lum, Christina; Illgen, Richard
RE: compliance plan violations

From: Lum, Christina [mailto:CLum@oaklandcityattorney.org]

Sent: Thursday, July 16, 2015 11:08 AM


To: Minor, Gregory; Illgen, Richard
Subject: RE: compliance plan violations

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]

Sent: Thursday, July 16, 2015 10:51 AM


To: Lum, Christina; Illgen, Richard
Subject: FW: compliance plan violations

From: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Thursday, July 16, 2015 10:37 AM


To: Minor, Gregory
Cc: mmjara@comcast.net; Flynn, Rachel; Illgen, Richard
Subject: RE: compliance plan violations
Mr. Minor,
Your email refers to our telephone conversation of Tuesday, July 14, wherein you suggested that if Suprema would
expand upon certain written prohibitions contained in the compliance plan you would reduce the fines. If Suprema
would not agree you would cite Suprema by utilizing authority other than the compliance plan agreement.
Be advised that Suprema has given all that it intends to give. No new restrictions will be agreed to prior to reviewing the
conditions which are to be released in August.
Suprema has gone far beyond that which the City or the neighbors could ever legally require or enforce. It has become
abundantly clear that no matter how much ground Su pre ma gives it is never enough and the neighbors (or one or two
organizing neighbors) won't stop until a judge tells them that they are out of options. It has also become clear that you
are no longer acting as a fair administrator of Oakland's ordinances (and the compliance plan agreement) and have
unfairly taken the side of the neighbors and are acting on their behalf.
13

Regarding your threat that if Suprema does not stipulate to additional conditions and agree to reduced fines under the
existing citation now on appeal that you will add additional dates, (and I presume add additional fines), you have
violated state law and subjected the City of Oakland to serious repercussions, the limits of which are now being
researched. Suprema will not be bullied or blackmailed. I suggest that you have legal counsel review your last email.
Steve Hassing

LAW OFFICES
OF

STEVEN

J ..

HASSING

Steve Hassing

(916) 677-1776 Office


(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com

TRIAL LAWYER

I BUSINESS LITIGATION

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]


Sent: Wednesday, July 15, 2015 4:40 PM
To: Steve Hassing
Cc: Lum, Christina
Subject: RE: compliance plan violations
Hi Mr. HassingPer your email below I assume Mr. Jara is not inclined to stop 9pm-7am forklift activity and reach a settlement of the
most recent Notice of Violation. Let me know if that is not the case, otherwise as I mentioned yesterday I will move
forward with an amended NOV that references our public nuisance ordinance and includes additional dates.
Thank you,
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
14

From: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Wednesday, July 15, 2015. 9:44 AM


To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Cc: Minor, Gregory; Candell, Chris
Subject: RE: compliance plan violations
Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been

fair.
It is our opinion that in the neighbors' organized and admitted effort to "get rid of Suprema" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprema at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The neighbors now know that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Suprema $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Minor to come back at Suprema---on behalf of the neighbors---on some other basis (which will also be
appealed).
When is Scott Miller going to issue the conditions? How much longer does Su pre ma have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation based upon unreasonable
and onerous conditions?
sjh

LAW OFFICES
OF

STEVEN

j ...

HASSING

Steve Hassing
(916) 677-1776 Office
(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com

TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]


Sent: Wednesday, July 15, 2015 9:27 AM
To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Subject: FW: compliance plan violations
Steve, Mario, and Miguel, FYI.

Rachel

15

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill
Subject: Re: compliance plan violations

I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift loading beteen 4:25 and about 4:40 when the first 3 trucks left.
Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

This is a confidential attorney-client communication. This email contains confidential attorney-client privileged information and
is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. If you are
not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message and any
attachments

.1-J

Please consider the environment before printing this email

[v1.03]

16

Minor, Gregory.
From:

Sent:
To:

Subject:
Attachments:

Minor, Gregory
Thursday, July 16, 2015 1:26 PM
Lum, Christina; Illgen, Richard
FW: compliance plan violations
Final Suprema Compliance Plan.pdf

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: Steve Hassing [mailto:sjh@hassinglaw.com]


Sent: Thursday, July 16, 2015 10:37 AM
To: Minor, Gregory
Cc: mmjara@comcast.net; Flynn, Rachel; Illgen, Richard
Subject: RE: compliance plan violations
Mr. Minor,

18

Your email refers to our telephone conversation of Tuesday, July 14, wherein you suggested that if Suprema would
expand upon certain written prohibitions contained in the compliance plan you would reduce the fines. If Suprema
would not agree you would cite Suprema by utilizing authority other than the compliance plan agreement.
Be advised that Suprema has given all that it intends to give. No new restrictions will be agreed to prior to reviewing the
conditions which are to be released in August.
Suprema has gone far beyond that which the City or the neighbors could ever legally require or enforce. It has become
abundantly clear that no matter how much ground Suprema gives it is never enough and the neighbors (or one or two
organizing neighbors) won't stop until a judge tells them that they are out of options. It has also become clear that you
are no longer acting as a fair administrator of Oakland's ordinances (and the compliance plan agreement) and have
unfairly taken the side of the neighbors and are acting on their behalf.
Regarding your threat that if Suprema does not stipulate to additional conditions and agree to reduced fines under the
existing citation now on appeal that you will add additional dates, (and I presume add additional fines), you have
violated state law and subjected the City of Oakland to serious repercussions, the limits of which are now being
researched. Suprema will not be bullied or blackmailed. I suggest that you have legal counsel review your last email.
Steve Hassing

LAW OFFICES
OF

STEVEN

J ..

HASSING

Steve Hassing

(916) 677-1776 Office


(916} 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com

TRIAL LAWYER

I BUSINESS LITIGATION

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]

Sent: Wednesday, July 15, 2015 4:40 PM


To: Steve Hassing
Cc: Lum, Christina
Subject: RE: compliance plan violations
Hi Mr. Hassing-

19

Per your email below I assume Mr. Jara is not inclined to stop 9pm-7am forklift activity and reach a settlement of the
most recent Notice of Violation. Let me know if that is not the case, otherwise as I mentioned yesterday I will move
forward with an amended NOV that references our public nuisance ordinance and includes additional dates.
Thank you,
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: Steve Hassing [mailto:sjh@hassinglaw.com]


Sent: Wednesday, July 15, 2015 9:44 AM
To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Cc: Minor, Gregory; Candell, Chris
Subject: RE: compliance plan violations
Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been
fair.

It is our opinion that in the neighbors' organized and admitted effort to "get rid of Suprema" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprema at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The neighbors now know that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Suprema $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Minor to come back at Suprema---on behalf of the neighbors---on some other basis (which will also be
appealed).
When is Scott Miller going to issue the conditions? How much longer does Suprema have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation based upon unreasonable
and onerous conditions?
sjh

LAW OFFICES
OF

STEVEN

j ...

HASSING

20

Steve Hassing
(916) 677-1776 Office
(916) 677-1770 Fax

sjh@hassinglaw.com
www .hassinglaw.com
TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]

Sent: Wednesday, July 15, 2015 9:27 AM


To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)

Subject: FW: compliance plan violations


Steve, Mario, and Miguel, FYI.

Rachel

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill

Subject: Re: compliance plan violations

I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift loading beteen 4:25 and about 4:40 when the first 3 trucks left.
Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

21

Minor, Gregory
From:

Minor, Gregory
Thursday, July 16, 2015 2:02 PM
Vasquez, Susan
RE: FW: August Calendar

Sent:
To:

Subject:

tbd

From: Vasquez, Susan

Sent: Thursday, July 16, 2015 1:32 PM


To: Minor, Gregory
Subject: RE: FW: August Calendar

Greg,
Any update for Suprema hearing date/time?
Thanks

From: Vasquez, Susan

Sent: Tuesday, July 14, 2015 3:49 PM


To: Minor, Gregory

Subject: FW: FW: August Calendar


Greg,
Fyi ................... .

Dear Susan,
I can be available evenings; however,none of the ones suggested are available.

How about the 20th, the 25th, or the 26th?


Best regards,
Stewart
Sent: Tuesday, July 14, 2015 at 7:57 AM
From: "Vas uez Susan" <SVas uez oaklandnet.com>
To:
Subject: FW: August Calendar

Good morning Mr. Rine,

Is below possible?
22

NOTE: This is pertaining to July 29th hearing.

Thanks,
Susan

From: Minor, Gregory


Sent: Monday, July 13, 2015 4:21 PM
To: Vasquez, Susan
Cc: Ferran, Elias
Subject: RE: August Calendar

Is there anyway Mr. Rine could be available to hear Suprema Meat's appeal at 5 or 6pm so that the witnesses (eg
neighbors) do not have to take time off of work in order to appear? Also, Suprema's atty is asking to reschedule the
hearing to Aug 3, 4 or 7th if possible ...

23

Minor, Gregory
From:

Sent:
To:

Subject:

Minor, Gregory
Thursday, July 16, 2015 2:49 PM
Illgen, Richard; Lum, Christina
RE: compliance plan violations

Best,
Greg Minor
Assistant to the City Administrator
Nuisance Abatement/Special Activity Permits Division
1 Frank H. Ogawa Plaza, l11h Floor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
gm i nor@oa kla nd net.com

From: Illgen, Richard [mailto:Rlllgen@oaklandcityattorney.org]


Sent: Thursday, July 16, 2015 2:34 PM

To: Minor, Gregory; Lum, Christina


Subject: RE: compliance plan violations
Greg,

24

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]


Sent: Thursday, July 16, 2015 1:27 PM
To: Lum, Christina; Illgen, Richard
Subject: FW: compliance plan violations

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: Steve Hassing [mailto:sjh@hassinglaw.com]


Sent: Thursday, July 16, 2015 10:37 AM
To: Minor, Gregory
Cc: mmjara@comcast.net; Flynn, Rachel; Illgen, Richard
Subject: RE: compliance plan violations
Mr. Minor,
Your email refers to our telephone conversation of Tuesday, July 14, wherein you suggested that if Suprema would
expand upon certain written prohibifions contained in the compliance plan you would reduce the fines. If Suprema
would not agree you would cite Suprema by utilizing authority other than the compliance plan agreement.
25

Be advised that Suprema has given all that it intends to give. No new restrictions will be agreed to prior to reviewing the
conditions which are to be released in August.
Su pre ma has gone far beyond that which the City or the neighbors could ever legally require or enforce. It has become
abundantly clear that no matter how much ground Suprema gives it is never enough and the neighbors (or one or two
organizing neighbors) won't stop until a judge tells them that they are out of options. It has also become clear that you
are no longer acting as a fair administrator of Oakland's ordinances (and the compliance plan agreement) and have
unfairly taken the side of the neighbors and are acting on their behalf.
Regarding your threat that if Sup re ma does not stipulate to additional conditions and agree to reduced fines under the
existing citation now on appeal that you will add additional dates, (and I presume add additional fines), you have
violated state law and subjected the City of Oakland to serious repercussions, the limits of which are now being
researched. Suprema will not be bullied or blackmailed. I suggest that you have legal counsel review your last email.
Steve Hassing

LAW OFFICES
OF

STEVENj ... HASSING

Steve Hassing

(916) 677-1776 Office


(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com
TRIAL LAWVER

I BUSINESS LITIGATION

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]


Sent: Wednesday, July 15, 2015 4:40 PM
To: Steve Hassing
Cc: Lum, Christina
Subject: RE: compliance plan violations
Hi Mr. HassingPer your email below I assume Mr. Jara is not inclined to stop 9pm-7am forklift activity and reach a settlement of the
most recent Notice of Violation. Let me know if that is not the case, otherwise as I mentioned yesterday I will move
forward with an amended NOV that references our public nuisance ordinance and includes additional dates.
Thank you,
26

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
gm inor@oaklandnet.com

From: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Wednesday, July 15, 2015 9:44 AM


To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Cc: Minor, Gregory; Candell, Chris
Subject: RE: compliance plan violations
Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been
fair.
It is our opinion that in the neighbors' organized and admitted effort to "get rid of Suprema" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprema at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The neighbors now know that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Suprema $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Minor to come back at Suprema---on behalf of the neighbors---on some other basis (which will also be
appealed).
When is Scott Miller going to issue the conditions? How much longer does Suprema have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation b9sed upon unreasonable
and onerous conditions?
sjh

LAW OFFICES
OF

STEVEN

j ...

HASSING

Steve Hassing

{916) 677-1776 Office


(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com
27

TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]

Sent: Wednesday, July 15, 2015 9:27 AM


To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)

Subject: FW: compliance plan violations


Steve, Mario, and Miguel, FYI.

Rachel

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill
Subject: Re: compliance plan violations
I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift loading beteen 4:25 and about 4:40 when the first 3 trucks left.
Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

This is a confidential attorney-client communication. This email contains confidential attorney-client privileged information and
is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. If you are
not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message and any
attachments.

~ Please consider the environment before printing this email


[v1.03]

28

Minor, Gregory
From:

Sent:
To:

Subject:

Minor, Gregory
Thursday, July 16, 2015 3:10 PM
Lum, Christina; Illgen, Richard
RE: compliance plan violations

From: Lum, Christina [mailto:CLum@oaklandcityattorney.org]


Sent: Thursday, July 16, 2015 3:09 PM
To: Minor, Gregory; Illgen, Richard
Subject: RE: compliance plan violations

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]


Sent: Thursday, July 16, 2015 2:49 PM
To: Illgen, Richard; Lum, Christina
Subject: RE: compliance plan violations

29

Best,
Greg Minor
Assistant to the City Administrator
Nuisance Abatement/Special Activity Permits Division
1 Frank H. Ogawa Plaza, 111h Floor
Oakland, CA 94612
Phone: (510)238-6370
Fax: {510) 238-7084
gminor@oaklandnet.com

From: Illgen, Richard [mailto:Rlllgen@oaklandcityattorney.org]


Sent: Thursday, July 16, 2015 2:34 PM
To: Minor, Gregory; Lum, Christina
Subject: RE: compliance plan violations

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]


Sent: Thursday, July 16, 2015 1:27 PM
To: Lum, Christina; Illgen, Richard
Subject: FW: compliance plan violations

30

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: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Thursday, July 16, 2015 10:37 AM


To: Minor, Gregory
Cc: mmjara@comcast.net; Flynn, Rachel; Illgen, Richard
Subject: RE: compliance plan violations
Mr. Minor,
Your email refers to our telephone conversation of Tuesday, July 14, wherein you suggested that if Suprema would
expand upon certain written prohibitions contained in the compliance plan you would reduce the fines. If Suprema
would not agree you would cite Suprema by utilizing authority other than the compliance plan agreement.
Be advised that Suprema has given all that it intends to give. No new restrictions will be agreed to prior to reviewing the
conditions which are to be released in August.
Suprema has gone far beyond that which the City or the neighbors could ever legally require or enforce. It has become
abundantly clear that no matter how much ground Suprema gives it is never enough and the neighbors (or one or two
organizing neighbors} won't stop until a judge tells them that they are out of options. It has also become clear that you
are no longer acting as a fair administrator of Oakland's ordinances (and the compliance plan agreement} and have
unfairly taken the side of the neighbors and are acting on their behalf.
Regarding your threat that if Suprema does not stipulate to additional conditions and agree to reduced fines under the
existing citation now on appeal that you will add additional dates, (and I presume add additional fines), you have
violated state law and subjected the City of Oakland to serious repercussions, the limits of which are now being
researched. Suprema will not be bullied or blackmailed. I suggest that you have legal counsel review your last email.
Steve Hassing

31

LAW OFFICES
OF

STEVEN

j.

HASSING

Steve Hassing
{916) 677-1776 Office
{916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com

TRIAL LAWYER

I BUSINESS LITIGATION

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]


Sent: Wednesday, July 15, 2015 4:40 PM
To: Steve Hassing

Cc: Lum, Christina


Subject: RE: compliance plan violations
Hi Mr. HassingPer your email below I assume Mr. Jara is not inclined to stop 9pm-7am forklift activity and reach a settlement of the
most recent Notice of Violation. Let me know if that is not the case, otherwise as I mentioned yesterday I will move
forward with an amended NOV that references our public nuisance ordinance and includes additional dates.
Thank you,
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
gm i no r@oakla nd net.com

From: Steve Hassing [mailto:sjh@hassinglaw.com]


Sent: Wednesday, July 15, 2015 9:44 AM
To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)

Cc: Minor, Gregory; Candell, Chris


Subject: RE: compliance plan violations
32

Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been
fair.
It is our opinion that in the neighbors' organized and admitted effort to "get rid of Su pre ma" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprema at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The neighbors now know that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Su pre ma $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Minor to come back at Suprema---on behalf of the neighbors---on some other basis (which will also be
appealed).
When is Scott Miller going to issue the conditions? How much longer does Suprema have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation based upon unreasonable
and onerous conditions?
sjh

LAW OFFICES
OF

STEVEN

J ..

HASSING

Steve Hassing

(916) 677-1776 Office


(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com

TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]

Sent: Wednesday, July 15, 2015 9:27 AM


To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)

Subject: FW: compliance plan violations


Steve, Mario, and Miguel, FYI.

Rachel

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill

Subject: Re: compliance plan violations


I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift, loading beteen 4:25 and about 4:40 when the first 3 trucks left.
33

Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

This is a confidential attorney-client communication. This email contains confidential attorney-client privileged information and
is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. If you are
not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message and any
attachments.

.J;,

Please consider the environment before printing this email

[v1.03]

34

Minor, Gregory
From:

Sent:
To:

Cc:
Subject:
Attachments:

Minor, Gregory
Thursday, July 16, 2015 3:24 PM
'Steve Hassing'
mmjara@comcast.net; Flynn, Rachel; Illgen, Richard
RE: compliance plan violations
Final Suprema Compliance Plan.pdf

Hi Mr. HassingMy request for Suprema to cease forklift activity is a request for compliance, not expansion. While you characterize the
forklift activity as outside the compliance plan, the City's position is that the forklift activity is prohibited by the
compliance plan and that Suprema is in violation, as reflected in the June 23, 2015 Notice of Violation (NOV). The
language of Compliance Plan paragraph six, the intent of the agreement, and your client's admissions support the City's
position. Please be advised that the compliance plan also prohibits Suprema from operating its business in a manner
that results in nuisance activity (see paragraphs 14 and 15).
I have offered to reduce the penalties assessed in the most recent NOV if Suprema immediately stops operating forklifts
between 9pm-7am as a means to both reduce Suprema's costs (via penalties and attorney fees) and address the
concerns of neighbors being awakened by early morning forklifts. While Su pre ma is free to reject this offer, the City is
not required to allow the same unpermitted activity to continue while the appeal is pending, particularly as we have
continued the hearing date as a courtesy to you.
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: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Thursday, July 16, 2015 10:37 AM


To: Minor, Gregory
Cc: mmjara@comcast.net; Flynn, Rachel; Illgen, Richard

Subject: RE: compliance plan violations


Mr. Minor,
Your email refers to our telephone conversation of Tuesday, July 14, wherein you suggested that if Suprema would
expand upon certain written prohibitions contained in the compliance plan you would reduce the fines. If Suprema
would not agree you would cite Suprema by utilizing authority other than the compliance plan agreement.

35

Be advised that Suprema has given all that it intends to give. No new restrictions will be agreed to prior to reviewing the
conditions which are to be released in August.
Suprema has gone far beyond that which the City or the neighbors could ever legally require or enforce. It has become
abundantly clear that no matter how much ground Suprema gives it is never enough and the neighbors (or one or two
organizing neighbors) won't stop until a judge tells them that they are out of options. It has also become clear that you
are no longer acting as a fair administrator of Oakland's ordinances (and the compliance plan agreement) and have
unfairly taken the side of the neighbors and are acting on their behalf.
Regarding your threat that if Suprema does not stipulate to additional conditions and agree to reduced fines under the
existing citation now on appeal that you will add additional dates, (and I presume add additional fines), you have
violated state law and subjected the City of Oakland to serious repercussions, the limits of which are now being
researched. Suprema will not be bullied or blackmailed. I suggest that you have legal counsel review your last email.
Steve Hassing

LA"'1 OFFICES
OF

STEVEN

J ..

HASSING

Steve Hassing

(916) 677-1776 Office


(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com
TRIAL LAWYER

I BUSINESS LITIGATION

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]

Sent: Wednesday, July 15, 2015 4:40 PM


To: Steve Hassing
Cc: Lum, Christina
Subject: RE: compliance plan violations
Hi Mr. HassingPer your email below I assume Mr. Jara is not inclined to stop 9pm-7am forklift activity and reach a settlement of the
most recent Notice of Violation. Let me know if that is not the case, otherwise as I mentioned yesterday I will move
forward with an amended NOV that references our public nuisance ordinance and includes additional dates.
Thank you,
36

Greg Minor
Assistant to the City Administrator
Nuisance Abatement/Special Activity Permits Division
1 Frank H. Ogawa Plaza, 111h Floor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
gminor@oaklandnet.com

From: Steve Hassing [mailto:sjh@hassinglaw.com]


Sent: Wednesday, July 15, 2015 9:44 AM
To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Cc: Minor, Gregory; Candell, Chris
Subject: RE: compliance plan violations
Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been
fair.
It is our opinion that in the neighbors' organized and admitted effort to "get rid of Su pre ma" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprema at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The neighbors now know that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Su pre ma $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Minor to come back at Suprema---on behalf of the neighbors---on some other basis (which will also be
appealed).
When is Scott Miller going to issue the conditions? How much longer does Suprema have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation based upon unreasonable
and onerous conditions?
sjh

LAW OFFICES
OF

STEVEN

j ...

HASSING

Steve Hassing
{916) 677-1776 Office
(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com
37

TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]

Sent: Wednesday, July 15, 2015 9:27 AM


To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Subject: FW: compliance plan violations
Steve, Mario, and Miguel, FYI.

Rachel

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill
Subject: Re: compliance plan violations

I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift loading beteen 4:25 and about 4:40 when the first 3 trucks left.
Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

38

Minor, Gregory
From:

Sent:
To:
Subject:
Attachments:

Minor, Gregory
Thursday, July 16, 2015 3:26 PM
Lum, Christina
FW: compliance plan violations
Final Suprema Compliance Plan.pdf

From: Minor, Gregory

Sent: Thursday, July 16, 2015 3:24 PM


To: 'Steve Hassing'
Cc: mmjara@comcast.net; Flynn, Rachel; Illgen, Richard
Subject: RE: compliance plan violations
Hi Mr. HassingMy request for Su pre ma to cease forklift activity is a request for compliance, not expansion. While you characterize the
forklift activity as outside the compliance plan, the City's position is that the forklift activity is prohibited by the
compliance plan and that Suprema is in violation, as reflected in the June 23, 2015 Notice of Violation (NOV). The
language of Compliance Plan paragraph six, the intent of the agreement, and your client's admissions support the City's
position. Please be advised that the compliance plan also prohibits Suprema from operating its business in a manner
that results in nuisance activity (see paragraphs 14 and 15).
I have offered to reduce the penalties assessed in the most recent NOV if Suprema immediately stops operating forklifts
between 9pm-7am as a means to both reduce Suprema's costs (via penalties and attorney fees) and address the
concerns of neighbors being awakened by early morning forklifts. While Suprema is free to reject this offer, the City is
not required to allow the same unpermitted activity to continue while the appeal is pending, particularly as we have
continued the hearing date as a courtesy to you.
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: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Thursday, July 16, 2015 10:37 AM


To: Minor, Gregory
Cc: mmjara@comcast.net; Flynn, Rachel; Illgen, Richard
Subject: RE: compliance plan violations
Mr. Minor,
39

Your email refers to our telephone conversation of Tuesday, July 14, wherein you suggested that if Suprema would
expand upon certain written prohibitions contained in the compliance plan you would reduce the fines. If Suprema
would not agree you would cite Suprema by utilizing authority other than the compliance plan agreement.
Be advised that Suprema has given all that it intends to give. No new restrictions will be agreed to prior to reviewing the
conditions which are to be released in August.
Suprema has gone far beyond that which the City or the neighbors could ever legally require or enforce. It has become
abundantly clear that no matter how much ground Suprema gives it is never enough and the neighbors (or one or two
organizing neighbors) won't stop until a judge tells them that they are out of options. It has also become clear that you
are no longer acting as a fair administrator of Oakland's ordinances (and the compliance plan agreement) and have
unfairly taken the side of the neighbors and are acting on their behalf.
Regarding your threat that if Suprema does not stipulate to additional conditions and agree to reduced fines under the
existing citation now on appeal that you will add additional dates, (and I presume add additional fines), you have
violated state law and subjected the City of Oakland to serious repercussions, the limits of which are now being
researched. Suprema will not be bullied or blackmailed. I suggest that you have legal counsel review your last email.
Steve Hassing

LAW OFFICES
OF

STEVEN

j ..

HASSING

Steve Hassing.

(916} 677-1776 Office


(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com
TRIAL LAWYER

I BUSINESS LITIGATION

From: Minor, Gregory [mailto:GMinor@oaklandnet.com]

Sent: Wednesday, July 15, 2015 4:40 PM


To: Steve Hassing
Cc: Lum, Christina
Subject: RE: compliance plan violations
Hi Mr. Hassing-

40

Per your email below I assume Mr. Jara is not inclined to stop 9pm-7am forklift activity and reach a settlement of the
most recent Notice of Violation. Let me know if that is not the case, otherwise as I mentioned yesterday I will move
forward with an amended NOV that references our public nuisance ordinance and includes additional dates.
Thank you,
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: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Wednesday, July 15, 2015 9:44 AM


To: Flynn, Rachel; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)
Cc: Minor, Gregory; Candell, Chris
Subject: RE: compliance plan violations
Rachel,
Thank you for the heads up. The following is not directed at you personally. I think that you, Bill and Chris have been
fair.
It is our opinion that in the neighbors' organized and admitted effort to "get rid of Suprema" they have gone beyond
exaggeration and have for some time resorted to lies. Although I was not at Suprema at 4:45 this morning I would be
shocked beyond belief if there was any loading going on prior to 7:00. The n.eighbors now know that they have the ear
of Greg Minor and watch for them to really pour it on now.
Mr. Minor has even cited and fined Suprema $11,500 for "violations" which are clearly not prohibited under the
compliance plan. Suprema has appealed and there is no way that the City will prevail on those citations. I am now
waiting for Mr. Minor to come back at Suprema---on behalf of the neighbors---on some other basis (which will also be
appealed).
When is Scott Miller going to issue the conditions? How much longer does Suprema have to wait to find out if the work
called for by the compliance plan will need to be done---or if it will have to resort to litigation based upon unreasonable
and onerous conditions?
sjh

LA"'1 OFFICES
OF

STEVEN

j ...

HASSING

41

Steve Hassing
(916} 677-1776 Office
(916} 677-1770 Fax
sjh@hassinglaw.com
www. hassi nglaw .com
TRIAL LAWYER

I BUSINESS LITIGATION

From: Flynn, Rachel [mailto:RFlynn@oaklandnet.com]

Sent: Wednesday, July 15, 2015 9:27 AM


To: Steve Hassing; JARA, MIGUEL (mmjara18@gmail.com); MARIO E (tiomarito@comcast.net)

Subject: FW: compliance plan violations


Steve, Mario, and Miguel, FYI.

Rachel

Sent: Tuesday, July 14, 2015 5:19 AM


To: Minor, Gregory; Quesada, Bill

Subject: Re: compliance plan violations

I am awake. I was woken by a loud bang at 4:25 am. I opened my living room window and heard forklifts
moving around and the familiar sound of forklift loading beteen 4:25 and about 4:40 when the first 3 trucks left.
Three more trucks left around 4:50. I heard voices in the open facility as well as walkie talkie transmissions. I
have date/time stamped recordings taken from my window.

42

Minor, Gregory
From:
Sent:

Minor, Gregory
Thursday, July 16, 2015 6:05 PM
Vasquez, Susan
RE: FW: August Calendar

To:

Subject:

Yes the original hearing date for Suprema has/should be cancelled.


From: Vasquez, Susan

Sent: Thursday, July 16, 2015 2: 11 PM


To: Minor, Gregory
Subject: RE: FW: August Calendar

For clarification, we are not moving forward with the original date (July 291h), correct? Because if we are, I need to make
copy and send documents to Mr. Rine.
thanks
From: Minor, Gregory
Sent: Thursday, July 16, 2015 2:02 PM
To: Vasquez, Susan
Subject: RE: FW: August Calendar

tbd
From: Vasquez, Susan

Sent: Thursday, July 16, 2015 1:32 PM


To: Minor, Gregory
Subject: RE: FW: August Calendar

Greg,
Any update for Suprema hearing date/time?
Thanks

From: Vasquez, Susan

Sent: Tuesday, July 14, 2015 3:49 PM


To: Minor, Gregory
Subject: FW: FW: August Calendar

Greg,
Fyi.. ................ ..

From: S. Rine[~

Sent: Tuesday, July 14, 2015 3:43 PM


To: Vasquez, Susan
Subject: Re: FW: August Calendar

Dear Susan,
43

I can be available evenings; however, none of the ones suggested are available.
How about the 20th, the 25th, or the 26th?
Best regards,
Stewart
Sent: Tuesday, July 14, 2015 at 7:57 AM
From: "Vas uez Susan" <SVas uez oaklandnet.com>
To:
Subject: FW: August Calendar

Good morning Mr. Rine,

Is below possible?

NOTE: This is pertaining to July 29th hearing.

Thanks,
Susan

From: Minor, Gregory

Sent: Monday, July 13, 2015 4:21 PM


To: Vasquez, Susan

Cc: Ferran, Elias

Subject: RE: August Calendar

Is there anyway Mr. Rine could be available to hear Suprema Meat's appeal at 5 or 6pm so that the witnesses (eg
neighbors) do not have to take time off of work in order to appear? Also, Suprema's atty is asking to reschedule the
hearing to Aug 3, 4 or 7th if possible ...

44

Minor, Gregory
From:

Minor, Gregory
Tuesday, July 21, 2015 2:42 PM
Todd, Amber; Flynn, Rachel; Vasquez, Susan; Candell, Chris; Chun, Peter; Quesada, Bill;
Valeska, David; Miller, Scott
Illgen, Richard; Lum, Christina
pub records request re suprema meats
Suprema FOIA Greg Minor.pdf

Sent:
To:

Cc:
Subject:
Attachments:

FYI- Public Records Request re Suprema Meats attached. Please start gathering responsive documents and forwarding
to your dept rep.
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: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Tuesday, July 21, 2015 2:28 PM


To: Minor, Gregory
Cc: mmjara@comcast.net; Craig Miers
Subject: Please see the attached
The original has been mailed.
Thanks,
sjh

LAW OFFICES
OF

STEVEN

j ...

HASSING

_______ _..,_...._______
Steve Hassing
(916) 677-1776 Office
(916} 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com
45

TRIAL LAWYER

I BUSINESS LITIGATION

46

Minor, Gregory
From:

Sent:
To:

Cc:
Subject:

Minor, Gregory
Tuesday, July 21, 2015 5:37 PM
Vasquez, Susan
Lum, Christina
FW: appeal hearing

Fyi re Suprema attorney availability

From: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Tuesday, July 21, 2015 5:23 PM


To: Minor, Gregory

Subject: RE: appeal hearing

Now just after the 7th. Not the 18th

Sent from my Verizon Wireless 4G LTE smartphone

-------- Original message -------From: "Minor, Gregory" <GMinor@oaklandnet.com>


Date: 07/21/2015 4:59 PM (GMT-08:00)
To: Steve Hassing <sjh@hassinglaw.com>
Cc: mmjara@comcast.net
Subject: RE: appeal hearing
I am working on confirming availability of the witnesses and the hearing officer. Per your July l3 1h letter, you
are available August 3, 4th or after August ih. Is this still correct?

Thank you,

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
47

From: Steve Hassing [mailto:sjh@hassinglaw.com]

Sent: Tuesday, July 21, 2015 2:27 PM


To: Minor, Gregory
Cc: mmjara@comcast.net
Subject: appeal hearing

Mr. Minor,

When we last communicated the hearing originally set for July 29 had been continued to a date yet unknown
and the City was contemplating amending the citation. I have not heard anything from the City since and just
thought I should check in so that I can properly schedule any future hearing dates.

Thanks,

sjh

LAW OFFICES
OF

STEVEN

J ..

HASSING

Steve Hassing
(916) 677-1776 Office
(916) 677-1770 Fax
sjh@hassinglaw.com
www.hassinglaw.com
48

TIUAL LAWYER I BUSINESS LITIGATION

49

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