1 Redacted PDF

Minor, Gregory
From:
Sent:
Wednesday, January 14, 2015 10:38 PM
To:
Cc:
Subject:
Attachments:
Fwd: Suprema Meats Compliance Plan violations

Attachment 1.zip; Attachments_2 .zip
Hi Greg - Welcome back and congratulations on your baby girl!

I'm forwarding the community's email sent to Rachel Flynn and Richard Illgen on Jan 9 detailing a wide array
of compliance plan violations. Essentially, everything that was agreed to, especially regarding night time noise
and activity, is being violated on a daily basis, while hours of operation have expanded to the early evening
sometimes past 6.
Rachel responded to our email designating Bill Quesada to address our issues. We have not heard from Bill or
from Richard.
Miguel Jara told my husband and late in November when we went outside to ask him to shut his diesel engines
and refers on his trucks off while loading at 8-9 pm that as far as he's concerned he's not doing anything illegal
unless the City tells him otherwise so we think that notices are in order to try to put a stop to the excuses. He
also stated, regarding continuing with the 4 - 7 am truck loading, that he shouldn't have signed the plan without
reading section 6.
There is a lot happening now with the CUP process as the application is complete. We have provided Scott
Miller and Ulla Johnson with the ~20 neighbor declarations.
Could we try to set up a meeting next week, maybe Friday, to catch up on developments while you were out?
We have unanswered questions re public nuisance and the nuisance/blight code.
Thanks,
an Kalb <dkalb@oaklandnet.com>
Dear Rachel and Richard,

1
Please review the information below concerning Suprema's numerous violations to the Compliance Plan and respond as
soon as possible regarding each of the issues raised.
Thank you in advance for your prompt attention,
MATERIAL BREACH OF COMPLIANCE PLAN & ASSOCIATED FINES
As you both know, the Compliance Plan clearly states that:

"Failure to satisfy the deadlines and timelines prescribed in this Work Plan or to abide by any specific condition
will constitute and a material breach of the Compliance Plan and will result in Administrative Fines of up to $1,000
per day for as long as the performance schedule is not met."
Based on documented evidence of numerous violations below, we expect the City to charge Suprema with Administrative
Fines of up to $1,000 per day going back to the beginning of each material breach. We also expect Suprema to forfeit
their $40,000 performance bond, held by the City as insurance of Suprema's faithful completion of all Plan requirements
on time.
NOISE FROM OPEN FACILITY BETWEEN 9 PM to 7 AM
Plan requirement (by 11/20/14): Suprema will:
Discontinue all delivery staging activities, including movement of vehicles, equipment, and product into position
for loading, loading and unloading activities, and vehicle and equipment maintenance activities in the 57th St
open facility between 9 pm and 7 am.
Limit delivery activity noise to two 3-minute window periods during which up to three delivery trucks can exit;
maximum of 3 trucks in each window, maximum 5 delivery truck exits.
Violations: 4 to 7 am loading activities continues tlllfii~~Rillm11il\~li~:
Loading at least one truck in the s?'h St loading dock; the first typically around 4 am
Truck staging west of the Suprema property line on the public right of way, in front of residential properties
Movement within the open facility of forklifts, pallet jacks, and product
Movement of forklifts, pallet jacks, and product from within the open facility out into s?'h St, Lowell St, and the
open parking lot (on the east side of Lowell St)
Trucks exiting open facility at random times that are not within two 3-minute windows
More than 5 trucks leaving the open facility before 7 am (Suprema operates 11 trucks)
Trucks being staged or maneuvered
NOISE & TRAFFIC IMPACTS FROM BIG RIG DRIVING & UNLOADING ON 5ih ST.
Plan requirement: Concurrent with execution of the Compliance Plan, Suprema will:
2
"Use their best efforts in good faith to comply with the Exhibit B truck management plan procedures (see below) to
prevent big rigs from using 57th St. and other nearby local streets to travel to and from Suprema."
Exhibit B, "Delivery Truck Management Plan" requirements: As of Nov. 1, 2014, Suprema will:
Inform carriers that driving big rigs on 57th St. is prohibited due to Suprema's changed address to Lowell St.
Each time Suprema is made aware of a violation it will issue a verbal warning to the driver and a written warning
to the trucking company about the violation.
Copy the City's Inspection Services Manager on all correspondence above and enter the incident and actions
taken on the Complaint Log and submit it to the Inspection Services Manager.
Not accept deliveries from carriers who repeat this violation.
Please Note: We informed Greg Minor that the assumption the public will report to and engage directly with
Suprema management is unrealistic given its proven track record of harassment and intimidation of neighbors.
Instead, we recommended that the City take responsibility for tracking compliance by either assigning staff to
witness the daily violations OR installing surveillance cameras so that the City staff can do the monitoring.
By all accounts, neighbors went beyond due diligence by bringing Suprema's numerous code violations to the
City's attention in Nov. 2013. Once that occurred, it was the City's responsibility to bring Suprema into compliance
on all fronts in a timely manner. Continued failure to do for the last 14 months has been at the public's expense.
Violations: Residents asked several big rig drivers if they received or were aware of Suprema's new address and arrival
routes and business hours. All said they were not. The same drivers also said they dreaded doing business with
Suprema because of how narrow the streets are, the problems of getting stuck, the risks of hitting parked cars, and the
proximity to residential properties.
Below are two incidents of big rig traveling on side streets. Video evidence of other incidents is available upon request.
Dec. 31, 2014 -- 3 pm: A big rig (Knight) going to Suprema on Los Angeles St, significantly damaged a parked
minivan and ran over curbs to turn onto Arlington St. Miguel Jara appeared on the scene.
Nov.14, 2014 --11:07 am to 11:19 am: A big rig used s?'h St. (between Adeline and Lowell) going to Suprema
and got stuck at bend in the block and again in intersection of s?'h@Lowell.
Please Note: The paperwork for at least the two incidents above should have been copied to the City by Mr.
Jara. Please inform us whether the City received these reports and if so, then explain why the big rigs continue
use residential streets traveling to and from Suprema day and night.
Minor, Gregory
From:
Sent:
To:
Subject:

Minor, Gregory
Checking in
Hi Greg,
I'm just checking to see if you're back. I sure hope you're alright.. ..
ii
care,
Minor, Gregory
From:
Sent:
Quesada, Bill
Thursday, Janua~2:24 PM
Minor, G r e g o r y ; - Candell, Chris; Low, Tim
RE: Checking in
To:
Cc:
Subject:
Greg&Chris Candell is the assigned Zoning Enforcement inspector on this complaint. He is pulling together the extensive
complaint info we've received since November and matching it with inspection results we are generating to see where
Suprema stands with compliance. This should be available soon and a response to
email will be forwarded as
soon as possible thereafter. Thanks.
Bill Quesada
Zoning Inspection Supervisor
238-6345
From: Minor, Gregory
Sent: Wednesday, January 14, 2015 6:41 PM

To:
Cc: Quesada, Bill
Subject: RE: Checking in
Hi.
I'm fine, I've just been in and out of the office for the last month to help take care of my newborn daughter.
I've been reviewing your emails and am concerned about drivers being unaware of the compliance plan's
restrictions. When I get settled in some more at work I will review your emails more thoroughly and pursue any
violations of the compliance plan that we find.
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
ailt

To: Minor, Gregory
Subject: Checking in
Hi Greg,
5
I'm just checking to see if you're back. I sure hope you're alright.. ..
Take care,
Minor, Gregory
From:
Sent:
To:
Cc:
Subject:
Attachments:
Tuesday, January 20, 2015 1:28 AM

Kalb, Dan; Flynn, Rachel
Minor, Gregory
Semi truck idling noise on Lowell Street
Lowell-trucks-011915.J PG
Dear Dan & Rachel,

I'm getting in touch regarding the ongoing semi truck nuisances along the Lowell Street corridor, specifically
the noise created by trucks parked overnight.
As I write this, two semi trucks have been parked for the past 7+ hours on Lowell Street between Aileen and
Arlington Streets -- see the attached photo. They are presumably queued up to make deliveries in the morning to
the Suprema Meat Company.
Both trucks are running their freezer units in close proximity to houses. With a sound meter, I measured one of
the trucks to be emitting >90 dB of noise near the source.
The noise is both audible, and felt as a low-frequency vibration, inside homes in the neighborhood. Noise &
vibration of that magnitude in such close proximity to homes is prohibited by Oakland municipal code section
17.120.050. However, despite reports made by several neighbors to OPD earlier this evening, there has been no
enforcement and the problem persists.
Semi truck idling noise on Lowell Street is a serious quality of life issue affecting our neighborhood. The
compliance plan that the City recently signed with Suprema does not address it, and in fact may be contributing
to the problem by moving some loading & unloading activities off of 57th Street and on to Lowell Street.
I would appreciate hearing back from one or both of you on how this problem can be solved. For example:
--Could trucks be prohibited from parking overnight on Lowell Street?
--Could OPD be directed to patrol Lowell Street more often, and to enforce Oakland's noise ordinances?
--Could the compliance plan with Suprema be amended to address noise created on Lowell Street by idling semi
trucks?
--Etc.
I look forward to your reply. Thank you,
[cc: Greg Minor)]
Minor, Gregory
From:
Kalb, Dan
Sent:
~ry
To:
~lynn,
Cc:
Minor, Gregory
Re: Semi truck idling noise on Lowell Street
Subject:
Thank you
20, 2015 10:22 AM

Rachel
for sending this.
Rachel, please let me know what your office plans to do as follow up.
Thanks,
-Dan
-Dan Kalb
City Councilmember
District One
Oakland, CA
510-238-7001
rote:
> On Jan 20, 2015, at 1:30 AM,
>
>Dear Dan & Rachel,
>
> I'm getting in touch regarding the ongoing semi truck nuisances along
>the Lowell Street corridor, specifically the noise created by trucks
>parked overnight.
>
>As I write this, two semi trucks have been parked for the past 7+
> hours on Lowell Street between Aileen and Arlington Streets -- see the
>attached photo. They are presumably queued up to make deliveries in
>the morning to the Suprema Meat Company.
>
>Both trucks are running their freezer units in close proximity to houses.
>With a sound meter, I measured one ofthe trucks to be emitting >90 dB
>of noise near the source.
>
>The noise is both audible, and felt as a low-frequency vibration,
>inside homes in the neighborhood. Noise & vibration of that magnitude
> in such close proximity to homes is prohibited by Oakland municipal
>code section 17.120.050. However, despite reports made by several
> neighbors to OPD earlier this evening, there has been no enforcement
>and the problem persists.
>
>Semi truck idling noise on Lowell Street is a serious quality of life
>issue affecting our neighborhood. The compliance plan that the City
8
> recently signed with Suprema does not address it, and in fact may be
> contributing to the problem by moving some loading & unloading
> activities off of 57th Street and on to Lowell Street.
>
> I would appreciate hearing back from one or both of you on how this
>problem can be solved. For example:
>
>--Could trucks be prohibited from parking overnight on Lowell Street?
>--Could OPD be directed to patrol Lowell Street more often, and to
>enforce Oakland's noise ordinances?
> --Could the compliance plan with Suprema be amended to address noise
>created on Lowell Street by idling semi trucks?
>--Etc.
>
> I look forward to your reply. Thank you,
>
>
> [cc: Greg Minor)]
> <Lowell-trucks-011915.JPG>
Minor, Gregory
From:
Sent:
Jonsson, Ulla-Britt
Tuesday, January 20, 2015 12:27 PM
To:
Mino~
Subject:
Attachments:
FW: ~uprema file share" with you

11-17-14 SMC truck hit car (l)Jpg; 11-17-14 SMC truck before hit carjpg
Hi Greg,
I hope these are helpful to you. Let me know if there is anything else I can do. BTW, do you want to be BCC'd on
my emails to
Ufft1-Briit
Ulla-E:>ritt Jonsson, Flanner
City of Oakland Bureau of Planning
250 Frank H. Ogawa Plaza, Oakland, CA 94612
Direct: ( 510) 238-3322 I Fax: (510) 238-4730
ujonsson@oaklandnet.comIwww.oaklandnet.com/planning
Please note that the City of Oakland offices will be closed for Martin Luther King Jr. Holiday, January 19, 2015.
From: Jonsson, Ulla-Britt
Sent: Monday, January 12, 2015 3:51 PM

To: Candell, Chris
Subject: FW:-hared "Suprema file share" with you
Hi Chris,
You should be able to access it now. In case you can't I attached pictures number 26 and 27 show how they use the
residents' sidewalk/ driveway to turn and back up. In these pictures you can also see there is already a truck in the
loading dock.
UUa-Britt
Ulla-E:>ritt Jonsson, Flanner
Direct: ( 510) 238-3322 I Fax: (510) 238-4730
From: m,,ia Dropbox [mailto:no-reply@dropbox.com]
Sent: Monday, January 12, 2015 11:45 AM

To: Jonsson, Ulla-Britt
Subject:
shared "Suprema file share" with you
10
"Hi Ulla, Scott, and Chris,
I'm sending the link fo the suprema file share site again. Please let me know
if this works now. I'll be uploading another batch of videos and photos
tonight.
Click here to view Suprema file share
.shared these files using Dropbox. Enjoy!)
\1;) 2015 Dropbox
11
Minor, Gregory
From:
Flynn, Rachel
Minor, Gregory; Quesada, Bill; Candell, Chris
RE: Semi truck idling noise on Lowell Street
Sent:
To:
Subject:
Hi Chris, Did you end up meeting with Suprema today?
Sent: Tuesday, January 20, 2015 10:07 AM

To: Flynn, Rachel; Quesada, Bill; Candell, Chris
Subject: Fwd: Semi truck idling noise on Lowell Street
Bill, Chris and I were discussing these omc 17.120.050 violations on Friday. I suggest we start fining them $500
per incident (of truck running freezer at night along Lowell, which is within prohibited proximity to residential
and code doesn't require sound measurement) until incidents cease and/or Suprema presents alternative waiting
site for these overnight trucks. I believe Chris is meeting with Suprema today and was going to broach this
subject.
If this sounds like a plan my office can send the citation (for the 2-3 well documented incidents including one
below) out tomorrow.
Best
Greg
Sent from my iPhone
Begin forwarded message:
From:
To: "D~" <DKalb@oa1<landnet.com>, "RFlynn@oaklandnet.com"
<RFlynn@oaklandnet.com>
Cc: "Minor, Gregory" <GMinor@oaklandnet.com>
Subject: Semi truck idling noise on Lowell Street
Dear Dan & Rachel,
I'm getting in touch regarding the ongoing semi truck nuisances along the
Lowell Street corridor, specifically the noise created by trucks parked
overnight.
As I write this, two semi trucks have been parked for the past 7+ hours on
Lowell Street between Aileen and Arlington Streets -- see the attached
photo. They are presumably queued up to make deliveries in the morning to
Both trucks are running their freezer units in close proximity to houses.
With a sound meter, I measured one of the trucks to be emitting >90 dB of
noise near the source.
The noise is both audible, and felt as a low-frequency vibration, inside
12
homes in the neighborhood. Noise & vibration of that magnitude in such

close proximity to homes is prohibited by Oakland municipal code section
17.120.050. However, despite reports made by several neighbors to OPD
earlier this evening, there has been no enforcement and the problem
persists.
Semi truck idling noise on Lowell Street is a serious quality of life issue
affecting our neighborhood. The compliance plan that the City recently
signed with Suprema does not address it, and in fact may be contributing to
the problem by moving some loading & unloading activities off of 57th
Street and on to Lowell Street.
I would appreciate hearing back from one or both of you on how this problem
can be solved. For example:
--Could OPD be directed to patrol Lowell Street more often, and to enforce
Oakland's noise ordinances?
--Could the compliance plan with Suprema be amended to address noise
created on Lowell Street by idling semi trucks?
--Etc.
[cc: Greg Minor)]
[]
13
Minor, Gregory
From:
Sent:
To:
Cc:
Subject:
Jonsson, Ulla-Britt
Wednesday, January 21, 2015 10:09 AM
Miller, Scott; Candell, Chris
Minor, Gregory
FW: Suprema 121514 email #2
Scott and Chris,

FYI, met with Craig yesterday when he came in for the window permit, which I approved.
Miguel was there as well and I discussed the light, a sign, and walkie-talkies with him.
He told me he will get his people headsets, so the walkie-talkies noise won't bother the neighbors, will put a baffle
on the light, and will come in for a sign permit.
Also, he has been waiting since October, he says, for the Building Division to process his address change. Isn't
there something we can do to expedite that?
~~
Ulla-5rittJonsson, Flanner
Direct: ( 510) 238-3322 I Fax: (510) 238-4730
uionsson@oaklandnet.com I www.oaklandnet.com/planninq
From: Craig Miers [mailto:cmiers@mierscottarchitects.com]

Cc: mmjara@comcast.net; sjh@hassinglaw.com
Subject: RE: Suprema 121514 email #2
Good Morning Ulla-Britt
If the screening is the last item, could you please put it as a 'condition of approval' for our hearing?
Craig.
Thank you.
If you have any questions or comments please contact us .
. Craig Miers, AIA
Craig Miers+ George Scott Architects, llp
1624 Santa Clara Drive, Suite 230
Roseville, CA 95661
(916) 780-0100
From: Jonsson, Ulla-Britt [mailto:UJonsson@oaklandnet.com]
To: Craig Miers
Cc: mmjara@comcast.net; Candell, Chris; Miller, Scott
Dear Craig
Thank you for the elevations.
14
As you can see from the Incomplete letter, we still need one the items:
Elevations of the sliding gate need to be revised to show a flexible screening material as part of the gate on the
inside.
Also, during a recent site visit we discovered a small discrepancy in the site plans. On the plans, the loading dock
adjacent to the office building scales out to 2.5 ft. In the field it appears to be closer to 5 feet. Please verify.
Finally, please tell us when the window application will be submitted.
UUa-Britt
Ulla-Eiritt Jonsson, flanner
Direct: ( 510) 238-3322 I Fax: (510) 238-4730
ujonsson@oaklandnet.com I www.oaklandnet.com/planning
Sent: Wednesday, January 07, 2015 10:56 AM

Cc: mmjara@comcast.net; sjh@hassinglaw.com; Candell, Chris; Quesada, Bill
Happy New Vear Ulla-Britt!!
Per your request we have added an additional sheet P8, that shows the other building elevations and mechanical
screens for the condensing equipment, please see attached. Hard copies to be dropped off today.
In regards to the requested screen, is this per a city ordinance? With the addition of the CMU fence along the property
line, there are only two-three homes across the street that can look into the property. There are cars/vehicles
constantly parked on both sides of the street. Other commercial properties within this area, just have 'chain link fences'
if anything at all, while again we provided a highly decorative fence.
Craig.
Thank you.
If you have any questions or comments please contact us.
Craig Miers, AIA
Roseville, CA 95661
(916) 780-0100
From: Jonsson, Ulla-Britt [mailto:UJonsson@oaklandnet.com]
Sent: Friday, December 19, 2014 4:19 PM
To: Craig Miers
Cc: mmjara@comcast.net; sjh@hassinglaw.com; Candell, Chris; Quesada, Bill
Hi Craig,
The air conditioners have been a long standing issue with the neighbors. I need much more information about the
air conditioning equipment on the rooftop other than outside dimensions. I need to know for instance if they are all
screened and how, their height, materials, etc. They should be shown on the elevations as well.
Also, the screen on the gate is not negotiable. You will need to provide it. Yes, it is a decorative screen, but it does
not truly provide a screen. 57 1" Street is a residential street and the trucks and other equipment is completely visible
behind this type of gate.
15
Ulla-Britt
Ulla-t)ritt Jons5on, Flanner
Direct: ( 510) 238-3322 I Fax: (510) 238-4730
ujonsson@oaklandnet.com I www.oaklandnet.com/planninq
Please note that the City of Oakland offices will be closed for the Holidays Thursday, December 25, 2014 and January 1, 2015.
Sent: Monday, December 15, 2014 10:57 AM

Cc: mmjara@comcast.net; sjh@hassinglaw.com
Subject: Suprema 121514 email #2

Ulla-Britt
Pdf s for the Design Review Re-submittal (not included P6 which is the existing photograph page and too large to email).
Craig.
Thank you.
If you have any questions or comments please contact us.
Craig Miers, AIA
Roseville, CA 95661
(916) 780-0100
16
Minor, Gregory
From:
Candell, Chris
Flynn, Rachel; Minor, Gregory; Quesada, Bill
Sent:
To:
Subject:
Rachel, Greg, and Bill,

I met with Miguel Jara and I am sending him a recap of our conversation and I will reference the conversation in
Accela. I brought up the issue of the reefers running on Lowell at night and possible action by Greg Minor. I informed
him this is a new and separate complaint not handled directly by the Compliance Plan. We don't have a problem with
Greg's plan as long as he feels he can fine SMC.
I asked Margot where we can have Miguel direct trucks to keep them off Lowell. She referred me to Bill Aboubi, 8931005 on the old Army base who diverts truckers arriving at the port to keep them from parking in residential parts of
West Oakland. I talked to him this morning and he said he can accommodate some trucks for a few hours over night. I
have already given this information to Miguel.
Chris Candell
From: Flynn, Rachel
Sent: Tuesday, January 20, 2015 6:35 PM

To: Minor, Gregory; Quesada, Bill; Candell, Chris
Subject: RE: Semi truck idling noise on Lowell Street
'Hi Chris, Did you end up meeting with Suprema today?

subject.
Best
Greg
Sent from my iPhone
From:
To: "DKalb@oaklandnet.com" <DKalb@oaklandnet.com>, "RFlynn@oaklandnet.com"
17

Dear Dan & Rachel,

overnight.
persists.
--Etc.
[cc: Greg Minor)]
~
18
Minor, Gregory
From:
Sent:
To:
Cc:
Subject:
Candell, Chris
Minor, Gregory
Quesada, Bill
RE: old noise ordinance
We have a copy of the ordinance being changed, the copy shows the old language and the proposed language. For
some reason this is all we have. I will have to get a copy of it from Bill and send it to you.

To: Quesada, Bill; Candell, Chris
Subject: old noise ordinance
You guys have copy ofthe noise ordinance that predate OMC 17.120 et seq? if so can you please forward a copy my
way? I believe it was planning code sections 7700 et seq.
Thanks
Greg Minor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
19
Minor, Gregory
From:
Sent:
To:
Subject:
Attachments:
Steve <sjh@hassinglaw.com>
Illgen, Richard; Minor, Gregory; Candell, Chris; mmjara@comcast.net;
cmiers@mierscottarchitects.com
Recording of Memornadum of Agreement
Suprema City of Oakland Memorandum of Agreement.pdf
Richard,
Today I received a call from Miguel Jara, Jr. in connection with a notice he received from Mr. Candell concerning the
recording of the Memorandum of Agreement that I prepared, signed before a notary on November 10 on behalf of
Suprema and brought to your office at approximately 3:00 p.m. that day because the recorder would not record it without
a signature from the City.
Bill was not in so I came over to your office. You were not in either. I took the Memorandum back to my office and added
a signature line for the City and added an acknowledgment. I came back to your office on the 12th or 13th, met on
November 12 (Nov at which time you represented that you would get it signed by someone at the city and that you would
see that it got recorded. I haven't heard a word about it until this afternoon. Mr. Candell and Mr. Minor report that it has
not been recorded.
Please advise.
Thanks,
sjh
copy attached.
P.S. Just got off the phone with Mr. Minor who has evidently already found out this info from another source. If I can be
of help let me know.
sjh
20
Minor, Gregory
From:
Sent:
To:
Subject:
Illgen, Richard
Steve; Minor, Gregory; Candell, Chris; mmjara@comcast.net;
RE:Recording of Memornadum of Agreement
Steve,
Greg Minor indicated he will sign the document and has a notary in his office. Sorry, I thought this had been
taken care of.
Richard
From: Steve [mailto:sjh@hassinglaw.com]

To: Illgen, Richard; Minor, Gregory; Candell, Chris; mmjara@comcast.net; cmiers@mierscottarchitects.com
Subject: Recording of Memornadum of Agreement
Richard,
not been recorded.
Please advise.
Thanks,
sjh
copy attached.
sjh
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]
21
Minor, Gregory
From:
Sent:
To:
Cc:
Subject:
Attachments:
MARIO E <tiomarito@comcast.net>
Thursday, January 22, 2015 8:02 AM
Candell, Chris
Quesada, Bill; Minor, Gregory; JARA, MIGUEL
Suprema's address change
IMGjpg
Good morning Chris,

I have attached a copy of Suprema Meat Company's change of address application, which was filed
on 10/23/2014. We did not notify all the delivering companies and drivers until The City of Oakland
notified us that our request was registered, which happened approximately 8 week after it was filed. If
you have any questions or concerns regarding this or any other matter, please don't hesitate to let me
know, thank you.
Regards.
Mario E Jara
Operations Manager
Suprema Meat Company
5655 Lowell Street
Oakland, CA. 94608
(510) 654-9282
(510) 655-9566 fax
(510 376-301 O cell
Mario.suprema@comcast.net
tiomarito@comcast.net
22
Minor, Gregory
From:
Sent:
To:
Cc:
Subject:
Candell, Chris
Minor, Gregory; 'Steve'; Illgen, Richard; 'mmjara@comcast.net';
'cmiers@mierscottarchitects.com'
Vasquez, Susan
RE: Recording of Memornadum of Agreement
Greg,
Please let me know when you have the document ready to record. We will pick up the original and have it recorded
with our weekly batch of documents. This way we will insure timely recordation and be able to make a copy of the final
document.
Thanks,
Chris Candell

To: Steve; Illgen, Richard; Candell, Chris; mmjara@comcast.net; cmiers@mierscottarchitects.com
Cc: Vasquez, Susan
Subject: RE: Recording of Memornadum of Agreement
I will sign the document and have it notarized tomorrow so that it will be available for Mr. Hassing to pick up and record~
Best,
Greg Minor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084

Richard,
23
see that it got recorded. I haven't heard a word about it until this afternoon. Mr. Candell and Mr. Minor re.port that it has
not been recorded.
Please advise.
Thanks,
sjh
copy attached.
sjh
24
Minor, Gregory
From:
Sent:
To:
Subject:
Attachments:
Minor, Gregory
Tuesday, January 20, 2015 10:07 AM
Flynn, Rachel; Quesada, Bill; Candell, Chris
Fwd: Semi truck idling noise on Lowell Street
Lowell-trucks-011915.JPG
subject.
Best
Greg
Sent from my iPhone
From
Dear Dan & Rachel,
overnight.
earlier. this evening, there has been no enforcement and the problem
persists.
1
--Etc.
[cc: Greg Minor)]
Minor, Gregory
From:
Minor, Gregory
Vasquez, Susan
Fwd: Semi truck idling noise on Lowell Street
Sent:
To:
Subject:
Also can you start putting together an ntA for Supre:rna meats (I believe address is 955 57th st)? The ntA should
look like an illegal dumping citation but for violating 17.120.050 (h). There were at least three separate
instances. I can get you all the info tomorrow but might help to get it started. Thank you!
Sent from my iPhone
From: "Minor, Gregory" <GMinor@oaklandnet.com>

Date: January 20, 2015 at 10:07:06 AM PST
To: "Flynn, Rachel" <RFlynn@oaklandnet.com>, "Quesada, Bill"
<BQuesada@oaklandnet.com>, "Candell, Chris" <CCandell@oaklandnet.com>
Bill, Chris and I were discussing these omc 17.120.050 violations on Friday. I suggest we start
fining them $500 per incident (of truck running freezer at night along Lowell, which is within
prohibited proximity to residential and code doesn't require sound measurement) until incidents
cease and/or Suprema presents alternative waiting site for these overnight trucks. I believe Chris
is meeting with Suprema today and was going to broach this subject.
If this sounds like a plan my office can send the citation (for the 2-3 well documented incidents
including one below) out tomorrow.
Best
Greg
Sent from my iPhone
From:
To: "DKalb@,oaklandnet.com" <DKalb@oaklandnet.com>,
"RFlynn@oaklandnet.com" <RFlynn@oaklandnet.com>
Cc: "Minor, Gregory" <GMinor(ti),oaklandnet.com>
Dear Dan & Rachel,
overnight.
photq. They are presumably queued up to make deliveries in the morning to
4

persists.

--Etc.
[cc: Greg Minor)]
[]
Minor, Gregory
From:
Sent:
To:
Subject:
Minor, Gregory
Wald, Mark
old noise ordinance
Mark-
Thank you,
Greg Minor
Oakland, CA 94612
Phone: (510)238~6370
Fax: (510) 238-7084
. gminor@oaklandnet.com
Minor, Gregory
From:
Sent:
To:
Cc:
Subject:
Minor, Gregory
'Steve'; Illgen, Richard; Candell, Chris; mmjara@comcast.net;
Vasquez, Susan
RE: Recording of Memornadum of Agreement
I will sign the document and have it notarized tomorrow so that it will be available for Mr. Hassing to pick up and record.
Best,
Greg Minor
Oakland, CA 94612
Phone: (510)238-6370 .
Fax: (510) 238-7084


Richard,
not been recorded.
Please advise.
Thanks,
sjh
copy attached.
sjh
7
Minor, Gregory
From:
Sent:
To:
Subject:
Attachments:
Minor, Gregory
Vasquez, Susan
FW: Recording of Memornadum of Agreement
Suprema City of Oakland Memorandum of Agreement.pdf
Let's sign and notarize this document tomorrow.


Richard,
Bill wa~ not in so I came over to your office. You were not in either. I took the Memorandum back to my office and added
November 12 (Nov. at which time you represented that you would get it signed by someone at the city and that you would
not been recorded.
Please advise.
Thanks,
sjh
copy attached.
sjh
Minor, Gregory
From:
Sent:
To:
Subject:
Minor, Gregory
Jonsson, Ulla-Britt
RE:-hared "Suprema file share" with you
Hi UlaYes feel free to bee me on suprema emails; it doesn't hurt for me to stay in the loop. In the meantime Chris and I are
working with Suprema on re-locating big rigs that arrive early and run their coolers(?) all night. Sounds like there may be
some locations at the port or old army base where these trucks can more appropriately wait. I spoke with Suprema's
attorney just now and asked him to get this process moving. If I receive another complaint of a big rig sitting all night I'll
start fining suprema until this aspect gets resolved.
Best,
Greg Minor
Oakland, CA 94612
Phone: (510)238~6370
Fax: (510) 238-7084

To: Minor, Gregory
Subject: FW:
Hi Greg,
I hope these are helpful to you. Let me know if there is anything else I can do. BTW, do you want to be BCC'd on
my emails to UUa-Britt
L\lla-5ritt Jonsson, Flanner
Direct: ( 510) 238-3322 I Fax: (510) 238-4730

To: Candell, C'iii....Subject: FW: - s h a r e d "Suprema file share" with you
Hi Chris,
loading dock.
9
UUa-Britt
(jlla-I)ritt Jonsson, Flanner
Direct: ( 510) 238-3322 I Fax: (510) 238-4730
From:
via Dropbox [mailto:no-reply@dropbox.com]
Subject: shared "Suprema file share" with you
[
I
"Hi Ulla, Scott, and Chris,

I'm sending the link to the suprema file share site again. Please let me know
tonight.
shared these files using Dropbox. Enjoy!)
'D 2015 Drophox
10
Minor, Gregory
From:
Sent:
To:
Cc:
Subject:
Minor, Gregory
.
Candell, Chris; Flynn, Rachel; Quesada, Bill
Illgen, Richard
Thank you Chris for following up with Margot and Bill Aboubi; I'm hopeful this will resolve the overnight stationing of
loud big rigs. I spoke with Suprema's atty, Steve hassing, about an hour ago and encouraged him to move this process
forward or else we would begin fining Suprema as this qualifies as nuisance activity. Mr. Hassing seemed quite open to
pursuing this approach, but I'll believe it when I see (or in this case, don't see) it.
Greg
From: Candell, Chris

To: Flynn, Rachel; Minor, Gregory; Quesada, Bill
Rachel, Greg, and Bill,
I met with Miguel Jara and I am sending him a recap of our conversation and I will reference the conversation in
Accela. I brought up the issue of the reefers running on Lowell at night and possible action by Greg Minor. I informed
him this is a new and separate complaint not handled directly by the Compliance Plan. We don't have a problem with
Greg's plan as long as he feels he can fine SMC.
I asked Margot where we can have Miguel direct trucks to keep them off Lowell. She referred me to Bill Aboubi, 8931005 on the old Army base who diverts truckers arriving at the port to keep them from parking in residential parts of
West Oakland. I talked to him this morning and he said he can accommodate some trucks for a few hours over night. I
have already given this information to Miguel.
Chris Candell
From: Flynn, Rachel

To: Minor, Gregory; Quesada, Bill; Candell, Chris
Hi Chris, Did you end up meeting with Suprema today?

11
subject.
Best
Greg
Sent from my iPhone
From: "
Dear Dan & Rachel,
overnight.
persists.
--Could OPD be.directed to patrol Lowell Street more often, and to enforce
12

--Etc.
[cc: Greg Minor)]
13
Minor, Gregory
Minor, Gregory
Thursday, January 22, 2015 12:47 PM
'Steve'
FW: Recording of Memornadum of Agreement
From:
Sent:
To:
Subject:
fyi
From: Vasquez, Susan
Sent: Thursday, January 22, 2015 10:42 AM
To: Candell, Chris
Cc: Minor, Gregory
Hi Chris,
Document is ready for pick up.
Thanks,
S~Vet1rq~
City Administrator's Office
Nuisance Abatement Division
1 Frank Ogawa Plaza, 11th floor
(510) 238-7487

To: Minor, Gregory; 'Steve'; Illgen, Richard; 'mmjara@comcast.net'; 'cmiers@mierscottarchitects.com'
Cc: Vasquez, Susan
Greg,
Please let me know when you have the document ready to record. We will pick up the original and have it recorded
with our weekly batch of documents. This way we will insure timely recordation and be able to make a copy of the final
document.
Thanks,
Chris Candell

To: Steve; Illgen, Richard; Candell, Chris; mmjara@comcast.net; cmiers@mierscottarchitects.com
Cc: Vasquez, Susan
I will sign the document and have it notarized tomorrow so that it will be available for Mr. Hassing to pick up and record.
Best,
14
Greg Minor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084

Richard,
not been recorded.
Please advise,
Thanks,
sjh
copy attached.
sjh
15
Minor, Gregory
From:
Sent:
Minor, Gregory
Thursday, January 22, 2015 3:00 PM
To:
Jons~Britt
Subject:
RE: - s h a r e d "Suprema file share" with you
response when I suggested the same last year.
Awesome; let me dig up
Sent: Thursday, January 22, 2015 2:59 PM

To: Minor, Gre~
Subject: RE: - s h a r e d "Suprema file share" with you
BTW,
Spoke to Miguel and he is willing to meet with the neighbors.
qi'/;:?'~
Cftlit~ ; . '-Ju/t'
Direct: ( 510) 238-3322 I Fax: (510) 238-4730
ujonsson@oaklandnet.com I www.oaklandnet.com/planning

To: Jonsson,
Subject: RE:
Hi UlaYes feel free to bee me on suprema emails; it doesn't hurt for me to stay in the loop. In the meantime Chris and I are
working with Suprema on re-locating big rigs that arrive early and run their coolers(?) all night. Sounds like there may be
some locations at the port or old army base where these trucks can more appropriately wait. I spoke with Suprema's
attorney just now and asked him to get this process moving. If I receive another complaint of a big rig sitting all night I'll
start fining suprema until this aspect gets resolved.
Best,
Greg Minor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084

16
To: Minor, Gre. .

Subject: FW:
Hi Greg,
I hope these ~lpful to you. Let me know if there is anything else I can do. BTW, do you want to be BCC'd on
my emails to ~
Ulla-B1itt
Ulla-f)rittJonsson, Flanner
Direct: ( 510) 238-3322 I Fax: (510) 238-4730
ujonsson@oaklandnet.comIwww.oaklandnet.com/planninq

To: Candell, Chris
Subject: FW:
Hi Chris,
loading dock.
Ull:1-Britt
Direct: ( 510) 238-3322 I Fax: (510) 238-4730
ujonsson@oaklandnet.com I www.oaklandnet.com/planninq
From:
via Dropbox [mailto:no-reply@dropbox.com]

To: Jonsson Ulla-Britt
Subject: liiilliilithared "Suprema file share" with you
From"Hi Ulla, Scott, and Chris,
I'm sending the link to the suprema file share site again. Please let me know
toni!!bt.
17
shared these files using Dropbox. Enjoy!)
tl 2015 Dropbox
18
Minor, Gregory
From:
Sent:
To:
Subject:
Attachments:
Minor, Gregory
Sunday, January 25, 2015 6:05 PM
Quesada, Bill; Candell, Chris
FW: SUPREMA BIG RIG TRAFFIC & OVERNIGHT REFERS WON'T STOP
01-23-15 71 pm H&R big rig unloadjpg; 01-23-15 71 pm H&R big rig unload 2Jpg
How is the 1/23/14 unloading at 7:10pm a violation of the compliance plan? Where in the truck management plan does
it limit receiving hours to just 7am-3pm?
From: - m a i l t o
Sent: Saturday, January 24, 2015 6:14 PM

To: Quesada, Bill; Minor, Gregory
Cc: Jonsson, Ulla-Britt; Miller, Scott;
andell, Chris
Subject: Re: SUPREMA BIG RIG TRAFFIC & OVERNIGHT REFERS WON'T STOP
Hi Bill, Chris and Greg,

At 11 pm on Jan 7 I went out to Lowell St to talk with a driver with H&R from Alberta Canada. He was running
his refer, planning on staying the night, and the only instruction he'd received re delivering to Suprema was to
arrive good and early because the queues are long.
Last night, a big rig from the same H&R carrier arrived on Lowell at 7: 10 pm. Moments before, staff arrived at
Suprema and rolled open the gate and got out their forklift and equipment to unload. The unload took 20
minutes with the forklift driving through the streets. See attached photos.
This is a violation of the compliance plan since the truck management plan and the note that Mr. Jara claims he
sent to all carriers states that the receiving hours are 7 am to 3 pm and that there is no overnight parking.
Besides being a violation of the compliance plan, we'd like to get answers to these questions about the level of
expansion allowed:
1. Can you provide a copy of Suprema's business license and/or any other relevant documentation
regarding business and big rig receiving days and hours and the allowed scale or volume of business?
2. How far is Suprema allowed to go with their expansion of business volume, hours and days of operation,
operational space and facilities, and production volume?
Is there an ETA on the response we are waiting for to the email that we sent to Rachel Flynn and Richard Illgen
regarding compliance plan violations?
Scott and Ulla -- is their an ETA on the notice to the public and the start of the 17 day public comment period?
On Tue, Jan 13, 2015 at 12:40 AM,

Hi Bill and Greg,
wrote:
19
Not surprisingly, the letter that was to go out from Suprema to all carriers advising them of Suprema's new
address, not to park overnight, and the hours during which shipments are accepted, either hasn't made it to all of
the carriers nationally and from Canada, or hasn't trickled down to any drivers that I've spoken to these past few
weeks.
I just spent 20 minutes with a big rig driver named Rob with Stevens Transport. He arrived tonight at 11 :30 and
is NOW PARK.ED ON LOWELL AT AILEEN WITH HIS REFER RUNNING WHERE HE INTENDS
TO SPEND THE NIGHT. He says he must run his refer until his appointment at 7 am tomorrow (Tues).
I asked Rob ifhe received the appropriate instructions for delivery to Suprema. He had not. His dispatch
computer (which he showed me) saves only so many messages, but he told me that the instructions he received
as he headed out from Texas via Nebraska were to ARRIVE AND PARK OVERNIGHT ON LOWELL TO
WAIT FOR THE 7 AM APPOINTMENT.
Since the order message was no longer in the dispatch computer, Rob gave me Stevens Transport phone
numbers to call to get the order and original instructions from Suprema. Bill -- to confirm whether Stevens
Transport received the email Miguel Jara says he sent to all carriers, you can call one of these numbers and
reference big rig Maine license 2149034, driver Rob, shipping meat from Nebraska, arrived at Suprema 1/12 at
11 :30 pm. 610-654-9282 or 800-527-7094.
I have seen Stevens Transport rigs around here before but this is Rob's first time here. I'm sure there are
hundreds of drivers that could potentially be dispatched to Suprema who just aren't being given the message.
The last driver (from Alberta) who I spoke with at around 11 pm on January 7 on Lowell told me that he knew
nothing of the instructions or hours of operation and that he too was instructed to ARRIVE GOOD AND
EARLY BECAUSE SUPREMA HAS LONG QUEUES, FIRST COME FIRST SERVE.
This compliance plan provision is not working and I don't know how it's going to work given the large number
of carriers and even greater number of drivers.
I can't sustain having to go out and talk with truckers in the middle of the night begging them to take their refers
elsewhere. They're always at a loss as to where they can legally go and it is not my job to know that. Between
the refers running and the 4 to 7 am loading that's still going on I and many others are getting next to no sleep.
20
Minor, Gregory
From:
Sent:
To:
Subject:
Minor, Gregory
Candell, Chris
RE: Found your water bottle
Thanks for the update


To: Minor, Gregory
Subject: Found your water bottle
I found your water bottle. I took out my trash today and bent down and there it was, visible on the ground from that
angle. Missed it before. I will leave it out on top of my table so you can see it or I can bring it out front. Let me know.
was just at Suprema this AM, quiet. Unintended consequences however, because we limit the drive offs from the
loading dock, SMC is taking to parking loaded trucks on Lowell. When I arrived the truck was cold and unmoved so that
means it was loaded either before 5 AM and driven off at 5:15 or loaded the night before. I saw Miguel shut off the
lights and leave at about 6:15. I waited a while, noticed he took a drive around the block before heading off. If he was
looking for semis, he did not find any. My feeling is the main impacts are occurring Sunday through Wednesday, by then
all the deliveries have been made to local restaurants for the week and weekend needing a re"fill by Monday.
21
Minor, Gregory
From:
Sent:
Minor, Gregory
To:
Cc:
Subject:
RE: Suprema Meats Compliance Plan violations
I'm available to talk or meet tomorrow between 11-2 or 3-5. If that doesn't work, next Tuesday, Wednesday and Friday I
am fairly free.
Greg Minor
1
1 Frank H. Ogawa Plaza, 11 h Floor
Oakland, CA 94612
Phone: (510)238-6370
Fax: {510) 238-7084
From:~ilt
To: Minor, Gregory
Cc:
Subject: Re: Suprema Meats Compliance Plan violations
Hi Greg,
We still have no response from Richard Illgin but Bill Quesada let me know that submitted evidence is being
reviewed for compliance plan violations. I understand Chris Candell is working on that review.
In the meantime, the big rig nuisances and 4-7 am open yard activities continue. All other nuisances and
violations not covered in the plan also continue, with the exception of the halogen lights being directed away
from residences. The code compliance dept will i:iot open cases for the newly deposited glass shards on the dirt
mound or for the truck washing that sends chemical spray and excessive noise and generator fumes into people's
windows and the streets every Sunday morning.
We are also still waiting for the permit application public comment period to begin, now 3 months after the
compliance plan was signed.
Can we please meet soon to get back to discussing the public nuisance aspects of this case? The situation all
around is getting worse as more big rigs arrive, suprema delivery trucks are running refers while being loaded,
and business hours are expanding.
This past Sunday an big rig arrived from the east on 57th St and did a multipoint tum to get onto Lowell and 3
or 4 other big rigs were already queued north and south on Lowell, one running his engine or.refer, all before 8
am.
I think Fridays are still good for us.
22
On Jan 14, 2015, at 10:37 PM,
wrote:

I'm forwarding the community's email sent to Rachel Flynn and Richard Illgen on Jan 9 detailing
a wide array of compliance plan violations. Essentially, everything that was agreed to,
especially regarding night time noise and activity, is being violated on a daily basis, while hours
of operation have expanded to the early evening sometimes past 6.
Rachel responded to our email designating Bill Quesada to address our issues. We have not
heard from Bill or from Richard.
Miguel Jara told my husband and late in November when we went outside to ask him to shut his
diesel engines and refers on his trucks off while loading at 8-9 pm that as far as he's concerned
he's not doing anything illegal unless the City tells him otherwise so we think that notices are in
order to try to put a stop to the excuses. He also stated, regarding continuing with the 4 - 7 am
truck loading, that he shouldn't have signed the plan without reading section 6.
There is a lot happening now with the CUP process as the application is complete. We have
provided Scott Miller and Ulla Johnson with the ~20 neighbor declarations.
Could we try to set up a meeting next week, maybe Friday, to catch up on developments while
you were out? We have unanswered questions re public nuisance and the nuisance/blight code.
Thanks,

Please review the information below concerning Suprema's numerous violations to the Compliance Plan
and respond as soon as possible regarding each of the issues raised.
23
MATERIAL BREACH OF COMPLIANCE PLAN & ASSOCIATED FINES

"Failure to satisfy the deadlines and timelines prescribed in this Work Plan or to abide by any
specific condition will constitute and a material breach of the Compliance Plan and will result in
Administrative Fines of up to $1,000 per day for as long as the performance schedule is not met."
Based on documented evidence of numerous violations below, we expect the City to charge Suprema
with Administrative Fines of up to $1,000 per day going back to the beginning of each material
breach. We also expect Suprema to forfeit their $40,000 performance bond, held by the City as insurance
of Suprema's faithful completion of all Plan requirements on time.
Plan requirement (by 11/20114): Suprema will:
Discontinue all delivery staging activities, including movement of vehicles, equipment, and
product into position for loading, loading and unloading activities, and vehicle and equipment
maintenance activities in the 57th St open facility between 9 pm and 7 am.
Limit delivery activity noise to two 3-minute window periods during which up to three delivery
trucks can exit; maximum of 3 trucks in each window, maximum 5 delivery truck exits.
Violations: 4 to 7 am loading activities continues [ililJiHHiB1;m;~~]
Loading at least one truck in the 57'h St loading dock; the first typically around 4 am
Truck staging west of the Suprema property line on the public right of way, in front of residential
properties
Movement of forklifts, pallet jacks, and product from within the open facility out into 57'h St, Lowell
St, and the open parking lot (on the east side of Lowell St)
Trucks exiting open facility at random times that are not within two 3-minute windows
More than 5 trucks leaving the open facility before 7 am (Suprema operates 11 trucks)
NOISE & TRAFFIC IMPACTS FROM BIG RIG DRIVING & UNLOADING ON 57th ST.
Plan requirement: Concurrent with execution of the Compliance Plan, Suprema will:
24
"Use their best efforts in good faith to comply with the Exhibit B truck management plan
procedures (see below) to prevent big rigs from using 57th St. and other nearby local streets to
travel to and from Suprema."
Exhibit B, "Delivery Truck Management Plan" requirements: As of Nov. 1, 2014, Suprema will:
Inform carriers that driving big rigs on 57th St. is prohibited due to Suprema's changed address to
Lowell St.
Each time Suprema is made aware of a violation it will issue verbal warning to the driver and a
written warning to the trucking company about the violation.
Copy the City's Inspection Services Manager on all correspondence above and enter the incident
and actions taken on the Complaint Log and submit it to the Inspection Services Manager.
Please Note: We informed Greg Minor that the assumption the public will report to and engage
directly with Suprema management is unrealistic given its proven track record of harassment and
intimidation of neighbors. Instead, we recommended that the City take responsibility for tracking
compliance by either assigning staff to witness the daily violations OR installing surveillance
cameras so that the City staff can do the monitoring.
By all accounts, neighbors went beyond due diligence by bringing Suprema's numerous code
violations to the City's attention in Nov. 2013. Once that occurred, it was the City's responsibility to
bring Suprema into compliance on all fronts in a timely manner. Continued failure to do for the last
14 months has been at the public's expense.
Violations: Residents asked several big rig drivers if they received or were aware of Suprema's new
address and arrival routes and business hours. All said they were not. The same drivers also said they
dreaded doing business with Suprema because of how narrow the streets are, the problems of getting
stuck, the risks of hitting parked cars, and the proximity to residential properties.
Below are two incidents of big rig traveling on side streets. Video evidence of other incidents is available
upon request.
Dec. 31, 2014 -- 3 pm: A big rig (Knight) going to Suprema on Los Angeles St, significantly
damaged a parked minivan and ran over curbs to turn onto Arlington St. Miguel Jara appeared on
the scene.
Nov.14, 2014 --11:07 am to 11:19 am: A big rig used 5ih St. (between Adeline and Lowell)
going to Suprema and got stuck at bend in the block and again in intersection of 5ih@Lowell.
Please Note: The paperwork for at least the two incidents above should have been copied to the
City by Mr. Jara. Please inform us whether the City received these reports and if so, then explain
why the big rigs continue use residential streets traveling to and from Suprema day and night.
<Attachment l .zip>
<Attachments_2 .zip>
25
Minor, Gregory
From:
Sent:
To:
Cc:
Subject:
Re: Suprema Meats Compliance Plan violations
Works with me.

Greg
Sent from my iPhone
On Jan 29, 2015, at 8:12 PM
wrote:
Greg,
I can do 9 am to next Wed. If you could let me know as soon as possible please, so I can clear it
at work.
Sent from my iPhone
On Jan 29, 2015, at 6:07 PM
wrote:
I'm good for next Wednesday, Feb. 4th. Can we do it at 9am?
On Thursday, January 29, 2015 10:56 AM, "Minor, Gregory" <GMinor@oaklandnet.com>

,
wrote:
I'm available to talk or meet tomorrow between 11-2 or 3-5. If that doesn't work, next
Tuesday, Wednesday and Friday I am fairly free.
Greg Minor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
From:
ilto
To: Minor, Gregory
Cc:
Hi Greg,
26
We still have no response from Richard Illgin but Bill Quesada let me know that
submitted evidence is being reviewed for compliance plan violations. I understand
Chris Candell is working on that review.
In the meantime, the big rig nuisances and 4-7 am open yard activities continue.
All other nuisances and violations not covered in the plan also continue, with the
exception of the halogen lights being directed away from residences. The code
compliance dept will not open cases for the newly deposited glass shards on the
dirt mound or for the truck washing that sends chemical spray and excessive noise
and generator fumes into people's windows and the streets every Sunday morning.
We are also still waiting for the permit application public comment period to
begin, now 3 months after the compliance plan was signed.
Can we please meet soon to get back to discussing the public nuisance aspects of
this case? The situation all around is getting worse as more big rigs arrive,
suprema delivery trucks are running refers while being loaded, and business hours
are expanding.
This past Sunday an big rig arrived from the east on 57th St and did a multipoint
turn to get onto Lowell and 3 or 4 other big rigs were already queued north and
south on Lowell, one running his engine or refer, all before 8 am.
Thanks,
wrote:
On Jan 14, 2015, at 10:37 PM,

I'm forwardirig the community's email sent to Rachel Flynn and
Richard Illgen on Jan 9 detailing a wide array of compliance plan
violations. Essentially, everything that was agreed to,
especially regarding night time noise and activity, is being violated
on a daily basis, while hours of operation have expanded to the
early evening sometimes past 6.
Rachel responded to our email designating Bill Quesada to address
our issues. We have not heard from Bill or from Richard.
Miguel Jara told my husband and late in November when we went
outside to ask him to shut his diesel engines and refers on his
trucks off while loading at 8-9 pm that as far as he's concerned he's
not doing anything illegal unless the City tells him otherwise so we
think that notices are in order to try to put a stop to the excuses. He
also stated, regarding continuing with the 4 - 7 am truck loading,
that he shouldn't have signed the plan without reading section 6.
27
There is a lot happening now with the CUP process as the

application is complete. We have provided Scott Miller and Ulla
Johnson with the ~20 neighbor declarations.
Could we try to set up a meeting next week, maybe Friday, to
catch up on developments while you were out? We have
unanswered questions re public nuisance and the nuisance/blight
code .
---------- Forwarded message---------From:

Date: Fri, Jan 9, 2015 at 1:38 PM
Subject: Suprema Meats Compliance Plan violations
To: Rachel Flynn <rflynn@oaklandnet.com>, Richard Illgen
<ril
attorne .or >
Cc:
Dan Kalb <dkalb@oaklandnet.com>

Please review the information below concerning Suprema's numerous violations
to the Compliance Plan and respond as soon as possible regarding each of the
issues raised.
28
MATERIAL BREACH OF COMPLIANCE PLAN & ASSOCIATED

FINES
"Failure to satisfy the deadlines and time lines prescribed in this Work
Plan or to abide by any specific condition will constitute and a material
breach of the Compliance Plan and will result in Administrative Fines
of up to $1,000 per day-for as long as the performance schedule is not
met."
Based on documented evidence of numerous violations below, we expect the
City to charge Suprema with Administrative Fines ofup to $1,000 per day going
back to the beginning of each material breach. We also expect Suprema to
forfeit their $40,000 performance bond, held by the City as insurance of
Suprema's faithful completion of all Plan requirements on time.
Discontinue all delivery staging activities, including movement of

vehicles, equipment, and product into position for loading, loading and
unloading activities, and vehicle and equipment maintenance activities
in the 57th St open facility between 9 pm and 7 am.
Limit delivery activity noise to two 3-minute window periods during
which up to three delivery trucks can exit; maximum of 3 trucks in each
window, maximum 5 delivery truck exits.
Violations: 4 to 7 am loading activities continues [see Attachments 1&2] :
Loading at least one truck in the 57th St loading dock; the first typically
around4 am
Truck staging west of the Suprema property line on the public right of
way, in front ofresidential properties
Movement of forklifts, pallet jacks, and product from within the open
facility out into 57th St, Lowell St, and the open parking lot (on the east
side of Lowell St)
Trucks exiting open facility at random times that are not within two 3minute windows
More than 5 trucks leaving the open facility before 7 am (Suprema
operates 11 trucks)
NOISE & TRAFFIC IMPACTS FROM BIG RIG DRIVING &

UNLOADING ON 57th ST.
Plan requirement: Concurrent with execution of the Compliance Plan,
Suprema will:
"Use their best efforts in good faith to comply with the Exhibit B truck
management plan procedures (see below) to prevent big rigs from using
57th St. and other nearby local streets to travel to and from Suprema."
Exhibit B, "Delivery Truck Management Plan" requirements: As of Nov. 1,
2014, Suprema will:
29
Inform carriers that driving big rigs on 57th St. is prohibited due to
Suprema's changed address to Lowell St.
Each time Suprema is made aware of a violation it will issue a verbal
warning to the driver and a written warning to the trucking company
about the violation.
Copy the City's Inspection Services Manager on all correspondence
above and enter the incident and actions taken on the Complaint Log
and submit it to the Inspection Services Manager.
Please Note: We iriformed Greg Minor that the assumption the public
will report to and engage directly with Suprema management is
unrealistic given its proven track record of harassment and intimidation
of neighbors. Instead, we recommended that the City take responsibility
for tracking compliance by either assigning staff to witness the daily
violations OR installing surveillance cameras so that the City staff can
do the monitoring.
By all accounts, neighbors went beyond due diligence by bringing
Suprema 's numerous code violations to the City's attention in Nov.
2013. Once that occurred, it was the City's responsibility to bring
Suprema into compliance on all fronts in a timely manner. Continued
failure to do for the last 14 months has been at the public's expense.
Violations: Residents asked several big rig drivers if they received or were
aware of Suprema's new address and arrival routes and business hours. All said
they were not. The same drivers also said they dreaded doing business with
Suprema because of how narrow the streets are, the problems of getting stuck,
the risks of hitting parked cars, and the proximity to residential properties.
Below are two incidents of big rig traveling on side streets. Video evidence of
other incidents is available upon request.
Dec. 31, 2014 -- 3 pm: A big rig (Knight) going to Suprema on Los
Angeles St, significantly damaged a parked minivan and ran over curbs
to turn onto Arlington St. Miguel Jara appeared on the scene.
Nov. 14, 2014 -- 11:07 am to 11:19 am: A big rig used 57lh St.
(between Adeline and Lowell) going to Suprema and got stuck at bend
in the block and again in intersection of 57th@Lowell.
Please Note: The paperwork for at least the two incidents above should
have been copied to the City by Mr. Jara. Please inform us whether the
City received these reports and if so, then explain why the big rigs
continue use residential streets traveling to and from Suprema day and
night.
<Attachment l .zip>
30
Minor, Gregory
From:
Sent:
Minor, Gregory
. . . . . . 30, 2015 5:16 PM
To:
Subject:
RE: compliance plan violations
Can you pass along info re accessing the dropbox referred to below? I'd like to review the videos you mention.
Thanks,
Greg Minor
1 Frank H. Ogawa Plaza, 11th Floo~
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
From-ailt

To: Candell, Chris; Minor, Gregory;
Subject: Re: compliance plan violations
Hi Chris,
I'm attaching another big rig on 57th St photo from last Sunday. Arrived from Adeline to Lowell along 57th.
Also, on Sunday a big rig arrived before 7 am and at least 3 others including the one that arrived on 57th St
were queued along Lowell by 7:50 in the morning, including one with engine and/or refer running. There were
at least 12 or 13 big rigs unloaded on Sunday, more than I've ever seen. Non-stop forklifts in the streets until 4
in the afternoon. Truck washing was also going on in the parking lot starting around 9.
I also added 3 videos from this morning to the drop box site:
1-29-15 435 am 3 trucks leave yard
1-29-15 440 am curtain closes-4th truck leaves
1-29-15 457 am 5th and 6th trucks leave
Here's a run down of the activity this morning, just like any other morning ... more than 5 trucks left, trucks were
not restricted to two 3-minute intervals, and activity was occurring behind the curtain.
4:35 am - 3 trucks leave yard
4:40 - blue curtain closes, 4th truck leaves yard
4:51 - truck moves from E Lowell parking lot to park on SE comer of Lowell
4:52 - blue curtain opens
4:57 - 5th and 6th trucks yard from behind curtain
31
5:07 - curtain closes again

6:29 - forklift drives south on Lowell crossing 57th
On Tue, Jan 20, 2015 at 2:27 PM,

Hi Chris,
wrote:
I just forwarded you the letter we sent to Rachel Flynn summarizing compliance plan violations which focused
mainly on the 4-7 am noise.
Below is a little more detailed info on the big rig issue. Miguel Jara said in an email a few weeks ago that he
noticed all carriers of his new address and not to drive on 57th St, but his evidence was a message pasted into
his email, so we don't know how or when it went out or what companies it went to. I have been going out to talk
to big rig drivers late in the evening recently to find out if they received any such message which should have
included that they can't park overnight. None of the drivers I've talked with received any notice. One of the
drivers I talked to said his instructions were to arrive and park overnight on Lowell St and another driver told
me his instructions were to or to arrive good and early well before 7 am due to long queues at suprema. One
stayed and ran his refer all night while others have agreed to leave in search of a place to spend the night.
o Big rigs continue to arrive via 57th St from both east and west and via other small streets (e.g.,
Los Angeles). Often unable to see the carrier name, but violating carriers include Central, Big
Red, PLM Trailer Leasing, Swift Premium, and Waymore
32
Minor, Gregory
From:
Minor, Gregory
Sent:
"M
To:
Cc:
Subject:
RE: Suprema Meats Compliance Plan violations
Yes, we can meet at my office. City Hall
11th
Floor.
Greg Minor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
From:-ailt

To:
Cc:
Thanks Greg. Can we come to your office?
On Thu, Jan 29, 2015 at 8:18 PM, Minor, Gregory <GMinor@oaklandnet.com> wrote:
Works with me.
Greg
Sent from my iPhone
On Jan 29, 2015, at 8:12 P
Greg,
I can do 9 am to next Wed. If you could let me know as soon as possible please, so I can clear it
at work.
Sent from my iPhone
On Jan 29, 2015, at 6:07 PM,
ote:
I'm good for next Wednesday, Feb. 4th. Can we do it at 9am?
33
On Thursday, January 29, 2015 10:56 AM, "Minor, Gregory"

<GMinor@oaklandnet.com> wrote:
I'm available to talk or meet tomorrow between 11-2 or 3-5. If that doesn't work, next
Tuesday, Wednesday and Friday I am fairly free.
Greg Minor
Oakland, CA 94612
Phone: (510)238-6370
Fax: (510) 238-7084
~illaiilllt~o:l!!l!!!!!!!l!!!!!!l!!!llll!!!!!!!!l!!!!!!l!!ll. .
Cc:

To: Minor, Gregory
Hi Greg,
We still have no response from Richard Illgin but Bill Quesada let me know that
submitted evidence is being reviewed for compliance plan violations. I understand
Chris Candell is working on that review.
In the meantime, the big rig nuisances and 4-7 am open yard activities continue.
All other nuisances and violations not covered in the plan also continue, with the
exception of the halogen lights being directed away from residences. The code
compliance dept will not open cases for the newly deposited glass shards on the
dirt mound or for the truck washing that sends chemical spray and excessive noise
and generator fumes into people's windows and the streets every Sunday morning.
We are also still waiting for the permit application public comment period to
begin, now 3 months after the compliance plan was signed.
Can we please meet soon to get back to discussing the public nuisance aspects of
this case? The situation all around is getting worse as more big rigs arrive,
suprema delivery trucks are running refers while being loaded, and business hours
are expanding.
This past Sunday an big rig arrived from the east on 57th St and did a multipoint
turn to get onto Lowell and 3 or 4 other big rigs were already queued north and
south on Lowell, one running his engine or refer, all before 8 am.
Thanks,
34
On Jan 14, 2015, at 10:37 PM,

I'm forwarding the community's email sent to Rachel Flynn and
Richard Illgen on Jan 9 detailing a wide array of compliance plan
violations. Essentially, everything that was agreed to,
especially regarding night time noise and activity, is being violated
on a daily basis, while hours of operation have expanded to the
early evening sometimes past 6.
Rachel responded to our email designating Bill Quesada to address
our issues. We have not heard from Bill or from Richard.
Miguel Jara told my husband and late in November when we went
outside to ask him to shut his diesel engines and refers on his
trucks off while loading at 8-9 pm that as far as he's concerned he's
not doing anything illegal unless the City tells him otherwise so we
think that notices are in order to try to put a stop to the excuses. He
also stated, regarding continuing with the 4 - 7 am truck loading,
that he shouldn't have signed the plan without reading section 6.
There is a lot happening now with the CUP process as the
application is complete. We have provided Scott Miller and Ulla
Johnson with the ~20 neighbor declarations.
Could we try to set up a meeting next week, maybe Friday, to
catch up on developments while you were out? We have
unanswered questions re public nuisance and the nuisance/blight
code.
35
Dan Kalb <dkalb@oaklandnet.com>

Please review the information below concerning Suprema's numerous violations
to the Compliance Plan and respond as soon as possible regarding each of the
issues raised.
MATERIAL BREACH OF COMPLIANCE PLAN & ASSOCIATED

FINES
"Failure to satisfy the deadlines and time lines prescribed in this Work
Plan or to abide by any specific condition will constitute and a material
breach of the Compliance Plan and will result in Administrative Fines
ofup to $1,000 per day for as long as the performance schedule is not
met."
Based on documented evidence of numerous violations below, we expect the
City to charge Suprema with Administrative Fines ofup to $1,000 per day going
back to the beginning of each material breach. We also expect Suprema to
forfeit their $40,000 performance bond, held by the City as insurance of
Suprema's faithful completion of all Plan requirements on time.
Discontinue all delivery staging activities, including movement of

vehicles, equipment, and product into position for loading, loading and
unloading activities, and vehicle and equipment maintenance activities
in the 57th St open facility between 9 pm and 7 am.
Limit delivery activity noise to two 3-minute window periods during
which up to three delivery trucks can exit; maximum of 3 trucks in each
window, maximum 5 delivery truck exits.
Violations: 4 to 7 am loading activities continues [see Attachments 1&2] :
36
Loading at least one truck in the 57th St loading dock; the first typically
around4 am
Truck staging west of the Suprema property line on the public right of
way, in front ofresidential properties
Movement of forklifts, pallet jacks, and product from within the open
facility out into 57th St, Lowell St, and the open parking lot (on the east
side of Lowell St)
Trucks exiting open facility at random times that are not within two 3minute windows
More than 5 trucks leaving the open facility before 7 am (Suprema
operates 11 trucks)
NOISE & TRAFFIC IMPACTS FROM BIG RIG DRIVING &

UNLOADING ON 57th ST.
Plan requirement: Concurrent with execution of the Compliance Plan,
Suprema will:
"Use their best efforts in good faith to comply with the Exhibit B truck
management plan procedures (see below) to prevent big rigs from using
57th St. and other nearby local streets to travel to and from Suprema."
Exhibit B, "Delivery Truck Management Plan" requirements: As of Nov. 1,
2014, Suprema will:
Inform carriers that driving big rigs on 57th St. is prohibited due to
Suprema's changed address to Lowell St.
Each time Suprema is made aware of a violation it will issue a verbal
warning to the driver and a written warning to the trucking company
about the violation.
Copy the City's Inspection Services Manager on all correspondence
above and enter the incident and actions taken on the Complaint Log
and submit it to the Inspection Services Manager.
Please Note: We informed Greg Minor that the assumption the public
will report to and engage directly with Suprema management is
unrealistic given its proven track record of harassment and intimidation
of neighbors. Instead, we recommended that the City take responsibility
for tracking compliance by either assigning staffto witness the daily
violations OR installing surveillance cameras so that the City staff can
do the monitoring.
By all accounts, neighbors went beyond due diligence by bringing
Suprema 's numerous code violations to the City's attention in Nov.
2013. Once that occurred, it was the City's responsibility to bring
Suprema into compliance on all fronts in a timely manner. Continued
failure to do for the last 14 months has been at the public's expense.
Violations: Residents asked several big rig drivers if they received or were
aware of Suprema's new address and arrival routes and business hours. All said
they were not. The same drivers also said they dreaded doing business with
Suprema because of how narrow the streets are, the problems of getting stuck,
the risks of hitting parked cars, and the proximity to residential properties.
Below are two incidents of big rig traveling on side streets. Video evidence of
other incidents is available upon request.
37
Dec. 31, 2014 -- 3 pm: A big rig (Knight) going to Suprema on Los
Angeles St, significantly damaged a parked minivan and ran over curbs
to turn onto Arlington St. Miguel Jara appeared on the scene.
Nov. 14, 2014 -- 11:07 am to 11:19 am: A big rig used 57th St.
(between Adeline and Lowell) going to Suprema and got stuck at bend
in the block and again in intersection of 57th@Lowell.
Please Note: The paperwork for at least the two incidents above should
have been copied to the City by Mr. Jara. Please inform us whether the
City received these reports and if so, then explain why the big rigs
continue use residential streets traveling to andfrom Suprema day and
night.
<Attachment I .zip>
38

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Minor, Gregory

Wednesday, January 14, 2015 10:38 PM

Fwd: Suprema Meats Compliance Plan violations

Hi Greg - Welcome back and congratulations on your baby girl!

Dear Rachel and Richard,

MATERIAL BREACH OF COMPLIANCE PLAN & ASSOCIATED FINES

As you both know, the Compliance Plan clearly states that:

Violations: 4 to 7 am loading activities continues tlllfii~~Rillm11il\~li~:

Wednesday, January 14, 2015 12:02 PM

From: Minor, Gregory

Sent: Wednesday, January 14, 2015 6:41 PM

Sent: Wednesday, January 14, 2015 12:02 PM

Tuesday, January 20, 2015 1:28 AM

Dear Dan & Rachel,

[cc: Greg Minor)]

20, 2015 10:22 AM

for sending this.

> On Jan 20, 2015, at 1:30 AM,

FW: ~uprema file share" with you

From: Jonsson, Ulla-Britt

Sent: Monday, January 12, 2015 3:51 PM

From: m,,ia Dropbox [mailto:no-reply@dropbox.com]

Sent: Monday, January 12, 2015 11:45 AM

"Hi Ulla, Scott, and Chris,

Click here to view Suprema file share

.shared these files using Dropbox. Enjoy!)

\1;) 2015 Dropbox

Hi Chris, Did you end up meeting with Suprema today?

From: Minor, Gregory

Sent: Tuesday, January 20, 2015 10:07 AM

homes in the neighborhood. Noise & vibration of that magnitude in such

[cc: Greg Minor)]

Scott and Chris,

From: Craig Miers [mailto:cmiers@mierscottarchitects.com]

Sent: Monday, January 19, 2015 9:43 AM

From: Craig Miers [mailto:cmiers@mierscottarchitects.com]

Sent: Wednesday, January 07, 2015 10:56 AM

From: Craig Miers [mailto:cmiers@mierscottarchitects.com]

Sent: Monday, December 15, 2014 10:57 AM

Subject: Suprema 121514 email #2

Rachel, Greg, and Bill,

From: Flynn, Rachel

Sent: Tuesday, January 20, 2015 6:35 PM

From: Minor, Gregory

Sent: Tuesday, January 20, 2015 10:07 AM

Cc: "Minor, Gregory" <GMinor@oaklandnet.com>

Dear Dan & Rachel,

[cc: Greg Minor)]

From: Minor, Gregory

Sent: Wednesday, January 21, 2015 3:34 PM

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

Sent: Wednesday, January 21, 2015 4:47 PM

~.Please consider the environment before printing this email

Good morning Chris,

From: Minor, Gregory

Sent: Wednesday, January 21, 2015 5:06 PM

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

Sent: Wednesday, January 21, 2015 4:47 PM

[cc: Greg Minor)]

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

the Suprema Meat Company.

--Could trucks be prohibited from parking overnight on Lowell Street?

[cc: Greg Minor)]