At 12:55 PM -0500 2014.12.04, wrote · 2015. 2. 7. · At 12:55 PM -0500 2014.12.04, wrote: Date:...

At 12:55 PM -0500 2014.12.04, <[email protected]> wrote:

Date: 04 Dec 2014 12:55:30 -0500To: [email protected]: <[email protected]>Subject: Message Notification

Dear Friend,

Thank you for your message. On behalf of President Obama, weappreciate hearing from you. The President has promised the

most transparent administration in history, and we are committed

to listening to and responding to you.

In order to better handle the millions of electronic messageswe are receiving and respond more quickly, we have implemented anew contact form on our website:

http://www.whitehouse.gov/contact/

Please note that this web form has [email protected]. That email address is no longermonitored, so we encourage you to resubmit your messagethrough the link above. Thank you for using the web form andhelping us improve communications with you.

Sincerely,

The Presidential Correspondence Team

At 9:53 AM -0800 2014.12.04, Eric Neville wrote:

To: Barack Obama <[email protected]>, [email protected], [email protected]

From: Eric Neville <[email protected]>

Subject: RE: Sidewalk signage legality

Cc: "Eric Holder" <[email protected]>, [email protected], "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, Nancy O'Malley <[email protected]>, [email protected],"Alameda County Grand Jury" <[email protected]>, Jan Eliasson <[email protected]>, [email protected], Patrizio Civili <[email protected]>, [email protected], William Hubbard <[email protected]>, Paulette Brown<[email protected]>, Craig Holden <[email protected]>, Catherine Blakemore <[email protected]>, James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper<[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi <[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>, RebeccaGriffin <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena"<[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock,Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, Jeremy Dalmas <[email protected]>, Edward Swanson<[email protected]>, "Len Raphael" <[email protected]>, "Joe Tuman" <[email protected]>

Dear President Obama:

Yesterday, you said, "When anybody in America is not being treated equally under the law, that's a problem, and it's my job to solve it."

However, I submitted to your Department of Justice evidence, included below, of seven years of contempt for the rule of law in Oakland, California, but I didn't even get a reply. The inference from this tacit dismissal would seem to be that these particular violations of law don't 'really'matter.

Therefore, the moral question arises: when one person starts concluding that another's protection under law doesn't matter, when does it become injustice?

Sociologically, another question arises: when it becomes the norm amongst those in power to conclude for policy that some people are not worthy of protection under the law, on what societal feedback mechanisms will discontent of the disenfranchised fall back?

I'm sure this last question seems remote and academic to many, but I had composed it for myself when, last night, a few hundred protestors came into my neighborhood. They passed closer to my front door than protestors can get to the front door of the White House. They wereangry about the lack of indictment for the killing of Eric Garner, on the other side of the country, and its being just the latest in a string of events demonstrating a nationwide lack of government accountability, fitting into a larger context of a two-tier 'justice' system. And there's no fencebetween my front door and the street, mentally or physically.

I worry how close to home problems need to get to those who believe they're somehow removed before we collectively realize that it's more than self-satisfying rhetoric to invoke Martin Luther King, Jr.'s decades' old observation that, "Injustice anywhere is a threat to justice everywhere."

With grave concern,

Eric Neville

mailto:[email protected]





















































mailto:CityAdministrator%[email protected]

To: William Hubbard <[email protected]>, Paulette Brown <[email protected]>



Cc: "Eric Holder" <[email protected]>, [email protected], "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, Nancy O'Malley <[email protected]>, [email protected], "Alameda County Grand Jury" <[email protected]>, Jan Eliasson <[email protected]>, [email protected], Patrizio Civili <[email protected]>, [email protected], Craig Holden <[email protected]>, Catherine Blakemore<[email protected]>, James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper <[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi<[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>,"Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "RockridgeCommunity Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, Edward Swanson <[email protected]>, "Len Raphael" <[email protected]>, "JoeTuman" <[email protected]>

Dear President Hubbard:

I am concerned that, as documented herein, the United States, which not only adopted but strongly and explicitly endorsed United Nations Resolution 67/1 on the rule of law, is itself instead operating with willful and reckless disregard for the rule of law domestically.

For reference, please note the statement of then and current United States Attorney General, Eric Holder, representing the United States of America, speaking at the High-level Meeting on the Rule of Law:

Excerpt

"History has proven that the establishment and enforcement of the rule of law is essential - in protecting the security and civil liberties of our citizens; in combating violent crime, public corruption, and terrorist threats; and in strengthening civil society." - Attorney General EricH. Holder, Jr., on behalf of the United States of America, 24 September 2012

Statement by the United States of America

http://www.unrol.org/files/Statement%20by%20the%20United%20States.docx.pdf

I also note that the American Bar Association itself submitted for this same meeting a statement similarly endorsing the primacy of the rule of law:

Excerpt

"[The ABA] regards human rights and the rule of law as cornerstones of a free and just society and is committed to strengthening them in the United States and internationally."

Statement by the American Bar Association

http://www.unrol.org/files/Statement%20by%20the%20American%20Bar%20Association.pdf

I have provided evidence, as reflected in the record herein, to regional and national law enforcement authorities, of an entrenched culture of contempt for rule of law in one of our major cities, Oakland, California. However, those authorities have in turn ignored repeatedrequests for investigation of the problem. I would note that, as the entailed history reflects, the superficially simple act of failing to acknowledge violation has been a primary means by which government denies equal protection and subverts the rule of law.

Therefore, I request the attention and assistance of the American Bar Association in auditing the City of Oakland, California, for unequal protection and subversion of the of rule of law in its pattern of response to citizen requests for the protection of law, as a representationof the rule of law nationally. Please also note that numerous studies have found that a majority of Americans are unable to secure legal counsel when needed, by hire or charity, putting courts beyond their effective reach, exacerbating the systemic privation of justice andunderscoring the need to investigate and correct bias in the execution of law.

Respectfully,

Eric Neville


To: Patrizio Civili <[email protected]>, [email protected]

Cc: "Eric Holder" <[email protected]>, [email protected], "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, Nancy O'Malley <[email protected]>,[email protected], "Alameda County Grand Jury" <[email protected]>, Jan Eliasson <[email protected]>, [email protected], Craig Holden <[email protected]>, Catherine Blakemore <[email protected]>, James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper <[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi<[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>,"Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>,"Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah"<[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby,Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, Edward Swanson<[email protected]>, "Len Raphael" <[email protected]>, "Joe Tuman" <[email protected]>

Dear Permanent Observer Representative Civili:

I am concerned that, as described and documented herein, the government of the City of Oakland, California, United States of America, has a pervasive and entrenched culture of contempt for law. The City is willfully disregarding its own law and nationalconstitutional law, as well as public access to law, and has demonstrated its contempt over at least the seven years recorded herein. Any reasonable person must wonder how the City has responded to more typical resident requests, such as a telephone callor two, particularly in light of other information such as the highly critical findings of the 2010-2011 Alameda County Grand Jury. Furthermore, regional and national authorities have been unresponsive to calls to investigate and rectify the systemic problem. Please note that, as the record reflects, the superficially simple act of failing to acknowledge violation of law has been a typical means by which the rule of law has been undermined. Please also be advised that numerous studies have found that a majority ofAmericans are unable to secure legal counsel when needed, by hire or charity, putting courts beyond their effective reach and exacerbating the systemic privation of justice, underscoring the need to investigate and correct bias in the execution of law. Irequest the attention and assistance of the International Development Law Organization in auditing the City of Oakland for how it has responded to all citizens' requests for compliance with law.

Respectfully,

Eric Neville


To: Jan Eliasson <[email protected]>, [email protected]



Cc: "Eric Holder" <[email protected]>, [email protected], "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, Nancy O'Malley<[email protected]>, [email protected], "Alameda County Grand Jury" <[email protected]>, Craig Holden <[email protected]>, Catherine Blakemore <[email protected]>,James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper <[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi<[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney,Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Officeof the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, Edward Swanson <[email protected]>, "Len Raphael" <[email protected]>, "Joe Tuman"<[email protected]>

Dear Chair Eliasson:

I am concerned that, as documented herein, the United States of America, which not only adopted but strongly and explicitly endorsed United Nations Resolution 67/1 on the rule of law, is itself instead operating with willful and reckless disregardfor the rule of law domestically.

For reference, please note the statement of then and current United States Attorney General, Eric Holder, representing the United States of America, speaking at the High-level Meeting on the Rule of Law, 24 September 2012:

High-level Meeting on the Rule of Law, 24 September 2012

http://www.unrol.org/article.aspx?article_id=168

Statement by the United States of America


Excerpt:

"History has proven that the establishment and enforcement of the rule of law is essential - in protecting the security and civil liberties of our citizens; in combating violent crime, public corruption, and terrorist threats; and in strengthening civilsociety... I am here not only to pledge the United States' commitment to these principles - but [also] our support for the United Nations' robust efforts to strengthen the rule of law worldwide. And I want to assure each of you that my colleaguesand I are determined to stand with any nation that strives to ensure integrity, foster innovation, and create opportunities for prosperity and progress; that cherishes the benefits of a free, fair, and open society; and that seeks to eradicate thecorrupt and abusive activities that can weaken political institutions, threaten the democratic process, undermine the strength and promise of civil society, and diminish the quality of life for countless individuals, families, and communities. " -Attorney General Eric H. Holder, Jr., on behalf of the United States of America, 24 September 2012

I have provided evidence, as reflected in the record herein, to regional and national law enforcement authorities, of an entrenched culture of contempt for rule of law in one of our major cities, Oakland, California. However, those authorities havein turn ignored repeated requests for investigation of the problem. I would note that, as the entailed history reflects, the superficially simple act of failing to acknowledge report of violation has been a primary means by which government deniesequal protection and subverts the rule of law.

For those who might wonder why I now address a body as august as the United Nations, I point out that this matter is fundamentally about all the people having a right to all the laws, from the uncountable multitudes of municipal codes to themost celebrated of national constitutional tenets, which is foundational to the fairness of a society. While my initial complaint was about deviation from the accepted norm, as described by law, the pervasive absence of institutional appreciation ofthis concern betrayed what has become the superseding complaint, which is that actually lawlessness is the accepted norm. This may seem unbelievable to some, perhaps because they see the laws that they care about being enforced, or findthat their government responds to their requests, but such is true for the privileged in oligarchy, or other tiered legal system, and while privilege is not a fault, neither is it an excuse nor refutation.

Perhaps I need further point out that this matter is also about the importance of process, including public forthrightness to ensure the public welfare. If government action in this case is proper, then government should be readily able to relatesuch, openly and factually. The persistent lack of such is disturbingly telling, because democracy dies in the dark.

When a citizen formally engages government, government's faulty response cannot conscionably be dismissed as exceptional, but rather must be taken as representative of real performance generally, with any single case of neglect being at thevery least an indication of dysfunction generally. In this case, with matters being reported in writing, on multitudes of violations, repeatedly over many years, and addressing ongoing violation of even the nation's first law of civil rights, the City ofOakland's documented contempt for law and even facts is so egregious, systemic, and enduring that a reasonable person must suspect that the demonstrated culture of contempt has also distorted the response to many other citizens' requests forthe upholding of law, and that consequently a performance audit is in order.

Therefore, I request that the Rule of Law Coordination and Resource Group and its Rule of Law Unit investigate the City of Oakland, California, United States of America, for unequal protection and subversion of the of rule of law in its pattern ofresponse to the totality of citizen requests for the protection of law, noting that domestic channels of authority have been exhausted, and considering that the status of rule of law in this case is representative of the status of rule of law nationally,including a lack of functional domestic options for recourse. Please also be advised that numerous studies have found that a majority of Americans are unable to secure legal representation when needed, by hire or charity, putting courts beyondtheir reach and exacerbating the systemic privation of justice, underscoring the need to investigate and correct bias in the execution of law.

Respectfully,

Eric Neville


To: "Kalb, Dan" <[email protected]>



Cc: "Eric Holder" <[email protected]>, [email protected], "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, Nancy O'Malley<[email protected]>, [email protected], "Alameda County Grand Jury" <[email protected]>, Craig Holden <[email protected]>, Catherine Blakemore <[email protected]>, James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper <[email protected]>, Venus Johnson <[email protected]>, Sarah LindseyChanrasmi <[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>, Rebecca Griffin<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin,Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, Edward Swanson<[email protected]>, "Len Raphael" <[email protected]>, "Joe Tuman" <[email protected]>

Dear Councilmember Kalb:

I am concerned that, as documented herein over more than six years, the City of Oakland has an entrenched culture of contempt for law and the common citizen, and that it must be audited for unequal protection of its residents. Please also note that studies show that most Americans cannot secure legal representation when they need it. I would also offer, anecdotally, that most Oaklanders don't even try to engage their City government because theyexpect doing so to be too cumbersome and/or intimidating. These compounding effects result in a populace deprived of justice and alienated from their democracy. Thus, the City of Oakland's demonstrated willful, unapologetic, andsystemic disregard for law and citizen is not only patent violation as well as dereliction of duty, but material harm to the rights and welfare of its residents. As documented herein, the City of Oakland has received repeated requestsfor the rectification of numerous violations of law, from municipal code to the United States Constitution, yet has shown in response unflinching and enduring disregard of such violation, stretching into years. I have taken care todocument my exchange with the City, and follow up persistently, yet the City shows no shame across the top levels of government in willfully ignoring valid requests for the upholding of law, despite even the highly critical findings ofthe 2010-2011 Alameda County Grand Jury. Imagine how more typical resident requests have been handled, perhaps being only a telephone call or two, with the requisite few minutes involved being perhaps all that could beafforded by a single parent, person with English as a second language or without ready Internet access. How many such resident requests have been dodged, brushed aside, flatly ignored, or falsely represented as resolved as havethe violations in this case, behavior which the City of Oakland has been willing to display even when contacted in writing, and copied to state and federal law enforcement?

As I have repeatedly said, the City of Oakland clearly has endemic contempt for law and the common resident, and must be audited for unequal protection of its residents. The City's enduring unwillingness to even acknowledge thedocumented dysfunction and misfeasance only underscores how dire is the need to learn how residents have been treated in other cases.

I look forward to your assistance,

Eric Neville





Cc: "Eric Holder" <[email protected]>, [email protected], "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>,Nancy O'Malley <[email protected]>, [email protected], "Alameda County Grand Jury" <[email protected]>, Craig Holden <[email protected]>, Catherine Blakemore<[email protected]>, James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper <[email protected]>, Venus Johnson<[email protected]>, Sarah Lindsey Chanrasmi <[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal<[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf,Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "CityAdministrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno,Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos,Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, Edward Swanson <[email protected]>, "Len Raphael"<[email protected]>, "Joe Tuman" <[email protected]>


I have yet to see any response. Please advise.


Eric Neville

At 3:53 PM -0700 2014.10.27, Eric Neville wrote:




Cc: "Eric Holder" <[email protected]>, [email protected], "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>,<[email protected]>, Nancy O'Malley <[email protected]>, [email protected], "Alameda County Grand Jury" <[email protected]>, Craig Holden<[email protected]>, Catherine Blakemore <[email protected]>, James Preis <[email protected]>, Deborah Moss-West <[email protected]>,Paul Tepper <[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi <[email protected]>, Tiela Chalmers<[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>,"Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, Edward Swanson<[email protected]>, "Len Raphael" <[email protected]>, "Joe Tuman" <[email protected]>


I was intrigued to speak to you on this issue when you came to my door this weekend, campaigning for a ballot measure and a water district candidate, particularly regarding the facts that you rememberedthe issue and had seen emails in this thread, yourself mentioning Planning Director Rachel Flynn's involvement, yet that you had not seen fit to respond, apparently under some impression that this issuehad been resolved. I am indeed concerned that such a position is consistent with the very sort of dysfunction at play, noting that I have already repeatedly observed that failing to respond to request for theprotection of law has been a primary means by which equal protection and the rule of law have been undermined. I am also concerned that I referenced my sending about one email a week for the pastyear while you said that you had not seen any emails recently, which is especially concerning given the history of the City of Oakland using spam filtering to specifically block politically undesirable emails:

Oakland chief filtered out Occupy e-mail

http://www.sfgate.com/crime/article/Oakland-chief-filtered-out-Occupy-e-mail-3991835.php

Oakland Police Chief Admits to Filtering All His Occupy Email to Spam

http://updates.gizmodo.com/post/34697085345/oakland-police-chief-admits-to-filtering-all-his

Having had a chance to review specifically what I have sent you, recorded in the aggregated history of communication below and which I have regularly included on this issue, I note that I have copied youon every email since your assumption of office in January 2013, at which time the Deputy City Administrator Fred Blackwell was repeatedly ignoring all my emails over months despite my having beenreferred to him specifically, being a clear indication of outstanding administrative dysfunction from the beginning of your official responsibility. Please also note that in this period Councilmember LynetteGibson McElhaney said she specifically forwarded this matter to you. However, you have never responded, as the record reflects, not in over 80 emails sent over more than 20 months, emails clearly andrepeatedly indicating an unresolved status of this issue, already protracted for years, including the email of 9 December 2013 in which I specifically addressed the City Council, yourself included, on theviolation of Municipal Code and the United States Constitution as well as failure to provide public access to law, itself a violation of not just the foundation of democracy but also Municipal Code and statelaw, all matters which remain unresolved to this day.

Having your confirmed attention at this point, can I rely on this issue to be now addressed in its entirety by the City of Oakland, including an audit for the sake of the rest of Oakland's 400,000 residents?

Please note that having a City official spontaneously appear on his volition at a resident's door for unrelated reasons at a time that that resident happens to be home may be pleasant but is hardly areliable channel of civic input, and thus represents in itself no redemption of the City's demonstrated dysfunction.

Also, I request a full accounting of what emails have not been seen, referenced against those sent (recorded in the history herein), and reasons for such failure, as such accounting is fundamental tounderstanding and correcting the nature and extent of the City of Oakland's unresponsiveness, pervasive and persistent as it has been. Email is the normal medium of written communication these days,and repeated failure of that system within the City of Oakland should be acknowledged for the record, addressed fully, and rectified without delay.


Eric Neville


To: "Eric Holder" <[email protected]>, [email protected], "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>,<[email protected]>, Nancy O'Malley <[email protected]>, [email protected], "Alameda County Grand Jury" <[email protected]>, CraigHolden <[email protected]>, Catherine Blakemore <[email protected]>, James Preis <[email protected]>, Deborah Moss-West<[email protected]>, Paul Tepper <[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi<[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>, RebeccaGriffin <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>,"Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno,Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn,Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, Edward Swanson <[email protected]>, "Len Raphael" <[email protected]>, "Joe Tuman" <[email protected]>



Cc:

To anyone:

Does anyone dispute the facts as I have described and documented herein?

Does anyone offer any legal rationale why this matter does not merit address as requested?

Does anyone offer any reason at all why society, at any level from neighborhood to nation, benefits from continued governmental neglect of this matter?

With open ears,

Eric Neville

To: "Eric Holder" <[email protected]>, [email protected]



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda CountyGrand Jury" <[email protected]>, Craig Holden <[email protected]>, Catherine Blakemore <[email protected]>,James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper <[email protected]>, Venus Johnson<[email protected]>, Sarah Lindsey Chanrasmi <[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom<[email protected]>, Carlos Villarreal <[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn,Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>,"Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby,Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue NeighborhoodImprovement League" <[email protected]>, Edward Swanson <[email protected]>, "Len Raphael" <[email protected]>,"Joe Tuman" <[email protected]>

Dear Attorney General Holder:

I have written to the Department of Justice, and followed up, yet have received no response. As previously noted, the superficially simple act of failing to respond to request forthe rule of law has been a primary means by which the rule of law has been undermined. Please advise.


Eric Neville


To: "Melinda Haag" <[email protected]>



Cc: "Eric Holder" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "AlamedaCounty Grand Jury" <[email protected]>, Craig Holden <[email protected]>, Catherine Blakemore <[email protected]>, James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper<[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi <[email protected]>, TielaChalmers <[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>, Rebecca Griffin<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>,"Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker,Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, Edward Swanson<[email protected]>, "Len Raphael" <[email protected]>, "Joe Tuman" <[email protected]>

Dear United States Attorney Haag:

I have not seen a response to my inquiry. This matter is about not just equal protection but also the rule of law generally. Furthermore, as documented herein, it isabout how the superficially simple act of failing to respond to request for the rule of law has been a primary means by which the rule of law has been undermined. Please advise.

Eric Neville


To: "Melinda Haag" <[email protected]>



Cc: "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury"<[email protected]>, Craig Holden <[email protected]>, Catherine Blakemore <[email protected]>, James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper<[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi<[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, CarlosVillarreal <[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>,"Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena"<[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, Edward Swanson <[email protected]>, "Len Raphael"<[email protected]>, "Joe Tuman" <[email protected]>

Dear United States Attorney Haag:

I am concerned that, as documented herein over more than six years, the City of Oakland has an entrenched culture of contempt for law and thecommon citizen, and that it must be audited for unequal protection of its residents. As you may be aware, most Americans cannot secure legalrepresentation when they need it. I would also offer, anecdotally, that most Oaklanders don't even try to engage their City government because theyexpect doing so to be too cumbersome and/or intimidating. These compounding effects result in a populace deprived of justice and alienated fromtheir democracy. Thus, the City of Oakland's demonstrated willful, unapologetic, and systemic disregard for law and citizen is not only patent violationas well as dereliction of duty, but material harm to the rights and welfare of its residents. As documented herein, the City of Oakland has receivedrepeated requests for the rectification of numerous violations of law, from municipal code to the United States Constitution, yet has shown in responseunflinching and enduring disregard for such violation, stretching into years. I have taken care to document my exchange with the City, and follow uppersistently, yet the City shows no shame across the top levels of government in willfully ignoring valid requests for the upholding of law, despite eventhe highly critical findings of the 2010-2011 Alameda County Grand Jury. Imagine how more typical resident requests have been handled, perhapsbeing only a telephone call or two, with the requisite few minutes involved possibly being all that could be afforded by a single parent, person withEnglish as a second language or without ready Internet access. How many such resident requests have been dodged, brushed aside, flatly ignored,or falsely represented as resolved as have the violations in this case, behavior which the City of Oakland has been willing to display even whencontacted in writing, and copied to state and federal law enforcement?

The City of Oakland clearly has endemic contempt for law and the common resident, and must be audited for unequal protection. I have copied youroffice on this matter since December 2013. What will you do to investigate the breadth and depth of the City of Oakland's disregard for citizenrequests for the protection of law, documented to be a problem extending into years and violation of even the United States Constitution?

Thank you for your assistance,

Eric Neville


To: "Kamala Harris" <[email protected]>, <[email protected]>, Venus Johnson<[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Alameda County Grand Jury" <[email protected]>,Craig Holden <[email protected]>, Catherine Blakemore <[email protected]>,James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper<[email protected]>, Sarah Lindsey Chanrasmi <[email protected]>, Tiela Chalmers<[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>,Rebecca Griffin <[email protected]>, "McElhaney, Lynette" <[email protected]>,"Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"

<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>,"Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>,"Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin,Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "PiedmontAvenue Neighborhood Improvement League" <[email protected]>, Edward Swanson<[email protected]>, "Joe Tuman" <[email protected]>

Dear Attorney General Harris:

I have yet to see any response to my inquiry, despite follow-up. Please note that, as documented herein, failing to respond to requestfor the rule of law has been the primary means by which the rule of law has been undermined. Please advise.


Eric Neville


To: "Kamala Harris" <[email protected]>, <[email protected]>, VenusJohnson <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Craig Holden<[email protected]>, Catherine Blakemore <[email protected]>, James Preis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper <[email protected]>, Sarah Lindsey Chanrasmi<[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, CarlosVillarreal <[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>,"Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena"<[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, Edward Swanson <[email protected]>, "Joe Tuman" <[email protected]>


I have not seen a response to my inquiry. Your office responded promptly when addressed specifically regarding violationof the California Public Records Act. This matter is now about the much larger issue of whether all the laws really doapply for all the people. Legally, it is about the primacy of rule of law. Democratically, it is about whether we will tacitlyaccept surreptitious advance of oligarchy, functionally defined by its convenience to those in power at the expense ofprinciple and state. Please advise.


Eric Neville


To: "Kamala Harris" <[email protected]>, <[email protected]>,Venus Johnson <[email protected]>

Cc: "Melinda Haag" <[email protected]>, "Alameda County Grand Jury"<[email protected]>, Craig Holden <[email protected]>, CatherineBlakemore <[email protected]>, James Preis<[email protected]>, Deborah Moss-West <[email protected]>, PaulTepper <[email protected]>, Sarah Lindsey Chanrasmi<[email protected]>, Tiela Chalmers <[email protected]>,Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>,Rebecca Griffin <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks,Desley" <[email protected]>, "Reid, Larry" <[email protected]>,"Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena"<[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah"<[email protected]>, "Lin, Margaretta" <[email protected]>,"Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Ruby,Courtney" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, Edward Swanson <[email protected]>,"Joe Tuman" <[email protected]>


I am concerned that, as documented herein over more than six years, the City of Oakland has an entrenchedculture of contempt for law and the common citizen, and that it must be audited for unequal protection of itsresidents. As you may be aware, most Americans cannot secure legal representation when they need it. Iwould also offer, anecdotally, that most Oaklanders don't even try to engage their City government becausethey expect doing so to be too cumbersome and/or intimidating. These compounding effects result in apopulace deprived of justice and alienated from their democracy. Thus, the City of Oakland's demonstratedwillful, unapologetic, and systemic disregard for law and citizen is not only patent violation as well asdereliction of duty, but material harm to the rights and welfare of its residents. As documented herein, theCity of Oakland has received repeated requests for the rectification of numerous violations of law, frommunicipal code to the United States Constitution, yet has shown in response unflinching and enduringdisregard for such violation, stretching into years. I have taken care to document my exchange with the City,and follow up persistently, yet the City shows no shame across the top levels of government in willfullyignoring valid requests for the upholding of law, despite even the highly critical findings of the 2010-2011Alameda County Grand Jury. Imagine how more typical resident requests have been handled, perhaps beingonly a telephone call or two, with the requisite few minutes involved possibly being all that could be affordedby a single parent, person with English as a second language or without ready Internet access. How manysuch resident requests have been dodged, brushed aside, flatly ignored, or falsely represented as resolved ashave the violations in this case, behavior which the City of Oakland has been willing to display even whencontacted in writing, and copied to state and federal law enforcement?

The City of Oakland clearly has endemic contempt for law and the common resident, and must be audited forunequal protection. I have copied your office on this matter since December 2013. What will you do toinvestigate the breadth and depth of the City of Oakland's disregard for citizen requests for the protection oflaw, documented to be a problem extending into years and violation of even the United States Constitution?


Eric Neville


To: Luis Rodriguez <[email protected]>



Cc: Craig Holden <[email protected]>, "Melinda Haag"<[email protected]>, "Kamala Harris"<[email protected]>, <[email protected]>,"Alameda County Grand Jury" <[email protected]>, CatherineBlakemore <[email protected]>, James

Preis <[email protected]>, Deborah Moss-West<[email protected]>, Paul Tepper <[email protected]>, VenusJohnson <[email protected]>, Sarah Lindsey Chanrasmi<[email protected]>, Tiela Chalmers<[email protected]>, Elizabeth Hom <[email protected]>,Carlos Villarreal <[email protected]>, Rebecca Griffin<[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat"<[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor"<[email protected]>, "Gardner, Henry"<[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena"<[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C"<[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah"<[email protected]>, "Lin, Margaretta"<[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk"<[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community PlanningCouncil" <[email protected]>, "Piedmont Avenue NeighborhoodImprovement League" <[email protected]>, Edward Swanson<[email protected]>, "Joe Tuman"<[email protected]>

Dear President Rodriguez:

Thank you for your helpful reply. I will inquire with the California Attorney General, per yousuggestion. I appreciate that the Task Force on Civil Justice Strategies was not empowered toundertake investigation proper, rather to research and propose solutions for the widespreadprivation of legal rights and protection. I believe that this case is expository in that regard, inthat it represents not only a category of unmet legal need, and thus a compounding of thecumulative deficit, but also - institutionally - the fostering of the insidious injustice of loweredexpectations.

Gratefully,

Eric Neville

At 5:30 PM +0000 2014.09.08, Rodriguez, Luis wrote:

From: "Rodriguez, Luis" <[email protected]>To: Eric Neville <[email protected]>CC: Craig Holden <[email protected]>Subject: Re: Sidewalk signage legalityDate: Mon, 8 Sep 2014 17:30:16 +0000

Dear Mr. Neville,

I appreciate the fact that you shared this concern with many of us. I have copied Mr. Craig Holden who will be the State Bar President effective 9/14/14. As to the role that the Task Force on Civil Justice Strategies can play, this task force was not created for the purpose of investigating such issuessuch as the ones that you stated.

My recommendation is that you pursue this further with Attorney General Harris' office.

Sincerely, Luis

Luis J. RodriguezPresidentState Bar of California845 S. Figueroa St.Los Angeles, CA 90017415-538-2276


















































tel:415-538-2276

To: Luis Rodriguez <[email protected]>, Craig Holden <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Catherine Blakemore <[email protected]>, JamesPreis <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper <[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi <[email protected]>, Tiela Chalmers <[email protected]>,Elizabeth Hom <[email protected]>, Carlos Villarreal <[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>,"Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, Edward Swanson <[email protected]>, "Joe Tuman" <[email protected]>

Dear Chairman Rodriguez:

I am concerned that, as documented herein over more than six years, the City of Oakland has an entrenched culture of contempt for law and the common citizen, and that it must be audited for unequal protection of its residents. As you know, most Americans cannot secure legalrepresentation when they need it. I would also offer, anecdotally, that most Oaklanders don't even try to engage their City government because they expect doing so to be too cumbersome and/or intimidating. These compounding effects result in a populace deprived of justice andalienated from their democracy. Thus, the City of Oakland's demonstrated willful, unapologetic, and systemic disregard for law and citizen is not only patent violation as well as dereliction of duty, but material harm to the rights and welfare of its residents. As documented herein, the Cityof Oakland has received repeated requests for the rectification of numerous violations of law, from municipal code to the United States Constitution, yet has shown in response unflinching and enduring disregard for such violation, stretching into years. I have taken care to document myexchange with the City, and follow up persistently, yet the City shows no shame across the top levels of government in willfully ignoring valid requests for the upholding of law, despite even the highly critical findings of the 2010-2011 Alameda County Grand Jury. Imagine how moretypical resident requests have been handled, perhaps being only a telephone call or two, with the requisite few minutes involved possibly being all that could be afforded by a single parent, person with English as a second language or without ready Internet access. How many suchresident requests have been dodged, brushed aside, flatly ignored, or falsely represented as resolved as have the violations in this case, behavior which the City of Oakland has been willing to display even when contacted in writing, and copied to state and federal law enforcement? TheCity of Oakland clearly has endemic contempt for law and the common resident, and must be audited for unequal protection, and I request the attention and accompaniment of the Civil Justice Strategies Task Force in this pursuit.

Respectfully,

Eric Neville


To: Catherine Blakemore <[email protected]>, James Preis <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Deborah Moss-West <[email protected]>, Paul Tepper<[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi <[email protected]>, Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>, Carlos Villarreal<[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos,Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood ImprovementLeague" <[email protected]>, Edward Swanson <[email protected]>, "Joe Tuman" <[email protected]>

Dear Co-Chairs Blakemore and Preis:

I am concerned that, as documented herein over more than six years, the City of Oakland has an entrenched culture of contempt for law and the common citizen, and that it must be audited for unequal protection of its residents. As you know, most Americans cannotsecure legal representation when they need it. I would also offer, anecdotally, that most Oaklanders don't even try to engage their City government because they expect doing so to be too cumbersome and/or intimidating. These compounding effects result in a populacedeprived of justice and alienated from their democracy. Thus, the City of Oakland's demonstrated willful, unapologetic, and systemic disregard for law and citizen is not only patent violation as well as dereliction of duty, but material harm to the rights and welfare of itsresidents. As documented herein, the City of Oakland has received repeated requests for the rectification of numerous violations of law, from municipal code to the United States Constitution, yet has shown in response unflinching and enduring disregard for such violation,stretching into years. I have taken care to document my exchange with the City, and follow up persistently, yet the City shows no shame across the top levels of government in willfully ignoring valid requests for the upholding of law, despite even the highly critical findingsof the 2010-2011 Alameda County Grand Jury. Imagine how more typical resident requests have been handled, perhaps being only a telephone call or two, with the requisite few minutes involved possibly being all that could be afforded by a single parent, person withEnglish as a second language or without ready Internet access. How many such resident requests have been dodged, brushed aside, flatly ignored, or falsely represented as resolved as have the violations in this case, behavior which the City of Oakland has been willingto display even when contacted in writing, and copied to state and federal law enforcement? The City of Oakland clearly has endemic contempt for law and the common resident, and must be audited for unequal protection, and I request the attention and assistance of theCampaign for Justice in this pursuit.

Respectfully,

Eric Neville

To: Deborah Moss-West <[email protected]>, Paul Tepper <[email protected]>, Venus Johnson <[email protected]>, Sarah Lindsey Chanrasmi <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Tiela Chalmers <[email protected]>, ElizabethHom <[email protected]>, Carlos Villarreal <[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan,Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "RockridgeCommunity Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman" <[email protected]>

Dear Access to Justice Commission:

I am concerned that, as documented herein over more than six years, the City of Oakland has an entrenched culture of contempt for law and the common citizen, and that it must be audited for unequal protection of its residents. Please also note that studiesshow that most Americans cannot secure legal representation when they need it. I would also offer, anecdotally, that most Oaklanders don't even try to engage their City government because they expect doing so to be too cumbersome and/or intimidating. These compounding effects result in a populace deprived of justice and alienated from their democracy. Thus, the City of Oakland's demonstrated willful, unapologetic, and systemic disregard for law and citizen is not only patent violation as well as derelictionof duty, but material harm to the rights and welfare of its residents. As documented herein, the City of Oakland has received repeated requests for the rectification of numerous violations of law, from municipal code to the United States Constitution, yet hasshown in response unflinching and enduring disregard of such violation, stretching into years. I have taken care to document my exchange with the City, and follow up persistently, yet the City shows no shame across the top levels of government in willfullyignoring valid requests for the upholding of law, despite even the highly critical findings of the 2010-2011 Alameda County Grand Jury. Imagine how more typical resident requests have been handled, perhaps being only a telephone call or two, with therequisite few minutes involved being perhaps all that could be afforded by a single parent, person with English as a second language or without ready Internet access. How many such resident requests have been dodged, brushed aside, flatly ignored, orfalsely represented as resolved as have the violations in this case, behavior which the City of Oakland has been willing to display even when contacted in writing, and copied to state and federal law enforcement? The City of Oakland clearly has endemiccontempt for law and the common resident, and must be audited for unequal protection, and I request the attention and assistance of the California Commission on Access to Justice in this pursuit.

Respectfully,

Eric Neville


To: Tiela Chalmers <[email protected]>, Elizabeth Hom <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Carlos Villarreal<[email protected]>, Rebecca Griffin <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>,"Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee,Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman" <[email protected]>

Dear Chief Executive Chalmers:

I am concerned that, as documented herein over more than six years, the City of Oakland has an entrenched culture of contempt for law and the common citizen, and that it must be audited for unequal protection of its residents. Please alsonote that studies show that most Americans cannot secure legal representation when they need it. I would also offer, anecdotally, that most Oaklanders don't even try to engage their City government because they expect doing so to be toocumbersome and/or intimidating. These compounding effects result in a populace deprived of justice and alienated from their democracy. Thus, the City of Oakland's demonstrated willful, unapologetic, and systemic disregard for law and citizenis not only patent violation as well as dereliction of duty, but material harm to the rights and welfare of its residents. As documented herein, the City of Oakland has received repeated requests for the rectification of numerous violations of law,from municipal code to the United States Constitution, yet has shown in response unflinching and enduring disregard of such violation, stretching into years. I have taken care to document my exchange with the City, and follow up persistently,yet the City shows no shame across the top levels of government in willfully ignoring valid requests for the upholding of law, despite even the highly critical findings of the 2010-2011 Alameda County Grand Jury. Imagine how more typicalresident requests have been handled, perhaps being only a telephone call or two, with the requisite few minutes involved being perhaps all that could be afforded by a single parent, person with English as a second language or without readyInternet access. How many such resident requests have been dodged, brushed aside, flatly ignored, or falsely represented as resolved as have the violations in this case, behavior which the City of Oakland has been willing to display even whencontacted in writing, and copied to state and federal law enforcement? The City of Oakland clearly has endemic contempt for law and the common resident, and must be audited for unequal protection, and I request the attention and assistance ofthe Alameda County Bar Association in this pursuit.

Respectfully,

Eric Neville

To: Carlos Villarreal <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Gardner, Henry" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock,Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, "Joe Tuman" <[email protected]>

Dear Executive Director Villarreal:

I am concerned that, as documented herein over more than six years, the City of Oakland has an entrenched culture of contempt for law and the common citizen, and that it must be audited for unequal protection of its residents. Please also note that studies show that most Americans cannot secure legal representation when they need it. I would also offer, anecdotally, that most Oaklanders don't even try to engage their City government because theyexpect doing so to be too cumbersome and/or intimidating. These compounding effects result in a populace deprived of justice and alienated from their democracy. Thus, the City of Oakland's demonstrated willful, unapologetic, andsystemic disregard for law and citizen is not only patent violation as well as dereliction of duty, but material harm to the rights and welfare of its residents. As documented herein, the City of Oakland has received repeated requestsfor the rectification of numerous violations of law, from municipal code to the United States Constitution, yet has shown in response unflinching and enduring disregard of such violation, stretching into years. I have taken care todocument my exchange with the City, and follow up persistently, yet the the City shows no shame across the top levels of government in willfully ignoring valid requests for the upholding of law, and this has persisted despite thehighly critical findings of the 2010-2011 Alameda County Grand Jury. Imagine how more typical resident requests have been handled, perhaps being only a telephone call or two, with the requisite few minutes involved being perhapsall that could be afforded by a single parent or someone with English as a second language or someone without ready Internet access. How many such resident requests have been dodged, brushed aside, flatly ignored, or falselyrepresented as resolved as have the violations in this case, behavior in which the City of Oakland has engaged even when contacted in writing, and copied to state and federal law enforcement? The City of Oakland clearly hasendemic contempt for law and the common resident, and must be audited for unequal protection, and I request the attention and assistance of the National Lawyers Guild in this pursuit.

Respectfully,

Eric Neville


To: "Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, SerenaAisenman <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>,"Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>,"Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>,"Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>,"Joe Tuman" <[email protected]>

Dear City Administrator Gardner:

I have not seen any response to my previous email. This makes 20 emails in a row that the City has flatly ignored. I am concerned that your neglect would seem to prove the endemic nature of the culture of disregardfor law that I have described, and documented herein. Please advise.

With persisting concern,

Eric Neville


To: "Gardner, Henry" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>

Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury"<[email protected]>, Serena Aisenman <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of theMayor" <[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman"<[email protected]>

Dear City Administrator Gardner:

As documented herein since 2008, the City of Oakland has an entrenched culture of disregard for law, reaching across the top of government. Given the history of lawlessness shown in this case, areasonable person must be suspicious about how frequently the City has ignored or rejected calls for the enforcement of law in other cases, particularly cases in which a less-privileged resident has notbeen able to follow up as thoroughly as has been done in this case, and then to compare that performance against the City's performance on enforcement of law that benefits the privileged. In the interestof justice and the right of equal protection, the City of Oakland must be audited for its adherence to law.

The City of Oakland has for months been willfully violating the First Amendment, California Government Code �� 6253(a) (Public Records Act), Oakland Sign Code �� 703, and Oakland Municipal Code�� 14.04.010.B. Additionally, the City neglected for five years requests for numerous enforcements per the Oakland Sign Code, effected by a gamut of civic malfeasance and dysfunction from ignoringemails and other stonewalling to the false reporting of legal status, and the City has never acknowledged this failing, even after the findings of the 2010-2011 Alameda County Grand Jury. The City hassince eclipsed that enforcement issue via myopic and incoherent legal justifications that themselves contribute to the current violations of law. Even repeated requests to the City Auditor for audit of thepervasive disregard for law have been completely ignored. Regarding further general dysfunction, please note that neither the previous City Administrator nor anyone else at the City of Oakland redirectedthis citizen to follow up with you upon your assumption of office. This is operation beyond regard for law or citizen, and it is recorded in the history of communication herein.

The residents of Oakland have a right to know what is allowed and what is not, and to have fair enforcement of same. The execution of law per political calculus, as exhibited by the City of Oakland, isfundamentally unfair, inherently favoring the politically privileged. Furthermore, citizens certainly have a right to city government that itself follows the law, which the City of Oakland clearly is not doing. Moreover, this is a question of whether we accept as a matter of public policy, at any level of our democracy, public servants going rogue with the law. Fundamentally, as a society is judged by how ittreats its weakest members, and in light of the ongoing, systemic, willful, and unapologetic violation of law documented herein, the City of Oakland must be audited for when it fulfills, rejects, or ignoresrequests to uphold the law, particularly regarding violation on its own part.

With great concern,

Eric Neville


To: "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury"<[email protected]>, Serena Aisenman <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>,"Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada,Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, "Joe Tuman" <[email protected]>

Attachments: sign_sticker.png

Dear City Attorney Parker:

Please be advised that, in addition to the violation of the First Amendment already raised but ignored by the City of Oakland, as illustrated by Hague v. CIO and Police Dept. of City ofChicago v. Mosley, as well as the local and state law violations raised and ignored by the City, the local business association, the Rockridge District Association, has positioned itself asgatekeeper of what signs may be placed on the sidewalk by issuing stickers, such as in the picture attached, with the implication that signs without the stickers are illegal, and theconsequence that only those who pay may express themselves in the traditional public forum. This underscores my characterizing as myopic the City's implementation of the blanket permit. The depth and pervasiveness of the culture of disregard for law in the City of Oakland demands a full audit of what requests for enforcement of law are fulfilled, ignored, or denied by the Cityof Oakland.


Eric Neville

To: "Ruby, Courtney" <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda CountyGrand Jury" <[email protected]>, Serena Aisenman <[email protected]>, "Quan, Jean" <[email protected]>, "Office of theMayor" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks,Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>,"Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood ImprovementLeague" <[email protected]>, "Joe Tuman" <[email protected]>

Dear City Auditor Ruby:

I have written you multiple times but have yet to see any response. Please advise.


Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "AlamedaCounty Grand Jury" <[email protected]>, Serena Aisenman <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf,Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid,Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>,"Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman"<[email protected]>


I have written you multiple times regarding the City of Oakland's violation of law, documented herein, as well as regularly copying you on the matter, and I haveconsequently specifically requested from you an audit of when the City does and does not fulfill citizen requests for enforcement of law, however I have not heardanything back. The City's actions on this matter include the financial impact of failing to collect fees, deeply discounting permitting, and preferentially allocating stafftime to illegally protect the interests of privileged parties while claiming at other times that funds are not available for proper enforcement, again as documentedherein. City Charter �� 403(7), as noted on your website, www.oaklandauditor.com, specifies that responding to requests for audits is one of yourresponsibilities. Why is written communication to your office going ignored, on top of being ignored by every other branch of Oakland's elected government? Doesnot neglect of this matter by your office both verify and exacerbate the very problem described? How is the common citizen supposed to ensure performance ofpublic duty and secure equal protection in Oakland?

With great concern,

Eric Neville




















































































http://www.oaklandauditor.com/

Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>,<[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>,"Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah"<[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman"<[email protected]>


I have not seen a response to my request. Please advise.


Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>,<[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena"<[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee,Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana,Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah"<[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Rockridge Community PlanningCouncil" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>,"Joe Tuman" <[email protected]>


I request that the City Auditor audit the City of Oakland for how resident requests for enforcement of law are handled, specificallyincluding what requests are fulfilled, denied, or ignored. Please find documented herein evidence that the City of Oakland hasdemonstrated a capacity and willingness to ignore requests for years, to ignore requests despite intervention by an outside branch ofgovernment, and to ignore requests for the enforcement of federal, state, and local law. The residents of Oakland have a right to knowwhat is and is not allowed, and whether the law is being fairly enforced, as well as whether their public servants are performing theirduties. The pervasive, persistent, and willful disregard for clear, accessible, and consistent law and enforcement documented hereinwarrants investigation into how widespread and/or selective such behavior is, behavior very much a detriment to both the propriety ofgovernment operation and justice for Oakland's residents, and particularly insidious if selectively manifested in isolated cases and away

from public view. Only a proper, encompassing audit can uncover the extent and nature of the City of Oakland's lawlessness.

Respectfully,

Eric Neville


To: "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>,<[email protected]>, "Alameda County Grand Jury" <[email protected]>, SerenaAisenman <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena" <[email protected]>,"Moreno, Doryanna" <[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana,Deanna" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>,"Sandercock, Deborah" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Ruby, Courtney" <[email protected]>, "RockridgeCommunity Planning Council" <[email protected]>, "Piedmont Avenue NeighborhoodImprovement League" <[email protected]>, "Joe Tuman" <[email protected]>

Dear Mayor Quan:

I see that you've been campaigning in the nicer parts of town, handwriting on your promotional material, "Sorry I missedyou, Mayor Quan." I'm wondering, for those Oaklanders who don't live in the nicer parts of town and can't stay at homewaiting for you to call on them, how do they contact you? Are you not available in official capacity by letter, email, andtelephone? I wrote to you when you came into office in January 2011, and have specifically addressed you in 17 emailssince. I have written about systemic government dysfunction and disregard for law; I have written about the violation offederal, state, and local law. However, in three-plus years, I have yet to receive a single response from you, beyond anauto-reply asking that I send email to [email protected], which I have. How is the average Oaklandresident supposed to reach their mayor? If systemic dysfunction and federal, state, and local law are topics not importantenough to merit a response, what are? Indeed, what are the rules that the City of Oakland operates by, the actual rules ofwhat the City does as well as what it allows and penalizes? If you think these questions are unworthy of answers, pleaseadvise.


Eric Neville


To: "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris"<[email protected]>, <[email protected]>, "Alameda CountyGrand Jury" <[email protected]>, Serena Aisenman<[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks,Desley" <[email protected]>, "Reid, Larry" <[email protected]>,"Kaplan, Rebecca" <[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena"<[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather"

<[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah"<[email protected]>, "Lin, Margaretta" <[email protected]>,"Blackwell, Fred" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>,"City Clerk" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, "Joe Tuman" <[email protected]>

Dear Mayor Quan:

Does the City of Oakland dispute in any way that it is violating Oakland Sign Code �� 703, OaklandMunicipal Code �� 14.04.010.B, or California Government Code �� 6253(a)? How does it respond to theFirst Amendment impacts on this case presented by Hague v. CIO and Police Dept. of City of Chicago v.Mosley? Is the City in any way concerned by the years of systemic and willful disregard for law documentedherein, and the implication it has on the protection of law available to the bulk of Oaklanders? Is the City inany way concerned by the repeated ignoring of questions and even entire emails documented herein, and theimplication it has on the treatment received by the bulk of Oaklanders?


Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris"<[email protected]>, <[email protected]>, "Alameda CountyGrand Jury" <[email protected]>, Serena Aisenman<[email protected]>, "Quan, Jean" <[email protected]>, "Officeof the Mayor" <[email protected]>,"McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks,Desley" <[email protected]>, "Reid, Larry" <[email protected]>,"Kaplan, Rebecca" <[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena"<[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah"<[email protected]>, "Lin, Margaretta" <[email protected]>,"Blackwell, Fred" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>,"City Clerk" <[email protected]>, "Rockridge Community PlanningCouncil" <[email protected]>, "Piedmont Avenue Neighborhood ImprovementLeague" <[email protected]>, "Joe Tuman" <[email protected]>


I am concerned that, as documented herein, the City of Oakland is operating with systematic disregard forlaw, from the highest levels of government. I am further concerned about the impact this has on the ethicalfunctioning of the entirety of City government. Leadership demonstrates workplace norms and expectations,both by its policy and action. Employees intelligently infer that their employment is contingent uponconformance to those norms and expectations. When leadership demonstrates willful disregard for law, asthe norm and expectation, it places City staff in the position of finding that their employment is contingentupon willfully disregarding for law, creating an environment requiring misfeasance at best, and perhaps evenbeing definitively criminogenic. Not only is this unconscionable treatment of those who have sought to servetheir community via civil service, it is unfair simply as a condition of employment per se, and possibly evenconstitutes an actionably hostile work environment.

With great concern,

Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock,Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman" <[email protected]>

Dear Mayor Quan:

"Wherever Law ends, Tyranny begins" -- John Locke

With persisting concern,Eric Neville


To: "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>,"Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "RockridgeCommunity Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman" <[email protected]>


I identified to the City of Oakland in December 2013 violations of state and local law, and have followed up more than diligently, yet have received absolutely no address of these violations. Specifically, the violations are of Oakland Sign Code �� 703, Oakland Municipal Code ��14.04.010.B, and California Government Code �� 6253(a). I also alerted the City to violation of the First Amendment, which the City brushed aside, and provided supporting case law in citing United States Supreme Court decisions Hague v. CIO and Police Dept. of City of Chicago v.Mosley, to which the City has also never responded. I request that the City rectify the identified violations. Save that, I request that the City say why it should not rectify them. Save that, I request that the City say on what basis it ignores call for their address. Save that, I request thatthe City say what citizens should do when they observe violations of law in Oakland.

Please also note that I continue to receive from you unsolicited promotional email, as copied below and featuring statements such as "I look forward to your comments, thoughts and questions about how we are conducting the City's business," while I have yet to receive any response onthe requested matters, which fall within your responsibilities of office. I previously noted this contradictory behavior and observed that it seemed out of touch. I have yet to see any response to that point. I observe now that the compounded effect is Kafkaesque.


Eric Neville

At 9:28 PM -0400 2014.04.28, Oakland City Attorney Barbara Parker wrote:

Date: Mon, 28 Apr 2014 21:28:10 -0400 (EDT)

From: Oakland City Attorney Barbara Parker <[email protected]>

Reply-To: [email protected]

Sender: Oakland City Attorney Barbara Parker <[email protected]>

To: [email protected]

Subject: News from Oakland City Attorney's Office

Hi, just a reminder that you're receiving this email because you have expressed an interest in Oakland City Attorney's Office. Don't forget to add [email protected] to your address book so we'll be sure to land in your inbox!

You may <http://visitor.constantcontact.com/do?p=un&m=001QxmrhXUZ0Yl3ZLAg99KLBA%3D%3D&ch=5ff91710-3335-11e3-b579-d4ae528440e0&ca=d3e054e9-f41c-4d8f-9628-190a05cb6879>unsubscribe if you no longer wish to receive our emails.

April 2014 Vol. 14, Issue 4

Oakland City Attorney Barbara Parker

News from the Oakland City Attorney's Office

In This Issue: <#LETTER.BLOCK42>Supporting Local Small Businesses<#LETTER.BLOCK62>FAQ: Rules for Campaign-Related Activiies<#LETTER.BLOCK59>Illegal Dumping Enforcement Update<#LETTER.BLOCK50>City Attorney in theCommunity<#LETTER.BLOCK56>Major Cases & Legal Matters

About:

<'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiAlz7wSlsDNa-gHhe2-sxiohi4SNOC3Zw6rFiIV6Tq2EID3MDTrkO4ux5wH4c0tReykezZE-kFcuBaWns-ib285aITZGuw9FOUmMo4FSZLBvIJvMe6uiTqSyTBh4rshtPQ==&c=Zk6xD2hFfMEJDDPS3lB9IOZcOV70Y6vAgOa>City Attorney's web site

<mailto:[email protected]>Contact the City Attorney

<'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiB84qnMTyCLGpCj-GFRJWnzOr1rynSLdU3mbUMH1NmDt3I552O6W0Jul-N4A4Sb4YMouffMO_OHrOr77ApsrrfkUiECs5yXKm0m--W3hh96uEFiJFGKGfAcbw6a0uex_HFdNQkbtwDWbhoRBZdtZ_F-ibUkok4Sf4vkvhlNOTG>Newsletter Archive

Resources:

1. <'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiF7d3amKvYjZm3iKBBS4Ezd-mQjMeCoCNMUD5bqQzKSF-ie_yEfA329kGiUHsBDQkIA1ZMLmvWg9PBkxKE9rQr4LXATB9pkSrKqirQqai-BbIZD6014UnRz2AMZg1HopCcv6qyh-oOCM_3dppePF-HqIU0rwna4XW-6n7pUBFE>Report Illegal Dumping

2. <'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiDjYG3aiWK4MkwchlPGNdM8BtnG_vuBqoA7G5OFxRbCNumTGX5QhWjEawoTwzfvUgzDmRD55DL4xfceSEfT-Jbox6bU_mcb4-y3LaZn5qIP-uD92jwp9eIYOrWLvEWFyzg==&c=Zk6xD2hFfMEJDDPS3lB9IOZcOV70Y6vAgOa>Request public records

3. <'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiIzXkpACBlR9zqRVZc1xnr3L0CX6qUJbJ2rvjj_XdWZ4vl9MLUzUprXs8oeOdhmw0KlhWN-grW9aF1UKm0hiTMZdPQs2DiXtO54wvRHugiE04fujpDXzgy1a-qHELhLwWDm0bL-QEEoOQUmaTJDeQlRK0xaO8s1Lem--e3QKzd>City Attorney's Annual Report

4. <'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiKIwNoYLv9qe6wC39TUa8raT7ECNMNAYC_IrzgTPVDO93m5QkoAcK4jPQb28v_qXgdEkXqHGF50-yVIv5DRq3MjCldFVtAgHn0oki0nt68f-Rg9GguTGR7hPlysU8UwRY3Nnb8Cpshs9wlZP6CjPjMI2SWX5aSVmI4TPshDvI->FAQ: Campaign-Related Activities by Elected Officials, Candidates, City Officers & Employees

<http://visitor.r20.constantcontact.com/email.jsp?m=1102467259990>

Dear Eric,

In our monthly newsletter, we provide updates on important legal issues and matters that impact Oakland residents and businesses.

This month: supporting local small businesses; City Attorney in the community; and as always, highlights of recent court cases involving the City of Oakland.

I look forward to your comments, thoughts and questions about how we are conducting the City's business.

Very truly yours,


http://visitor.constantcontact.com/do?p=un&m=001QxmrhXUZ0Yl3Z





http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX













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http://visitor.r20.constantcontact.com/email.jsp?m=1102467259990

Barbara J. Parker

Oakland City Attorney

Supporting Local Small Businesses

City's partnership with global microlending organization Kiva.org yielding results

Earlier this month, I held a press conference with Councilmember Libby Schaaf and local business owners to announce the initial results of Oakland's partnership with global microlending organization Kiva.org.

Microlending, also called microfinance, allows individuals to make small loans to businesses that do not have access to traditional forms of capital, such as a loan from a bank. The small loans then are bundled together to make one larger loan to the borrower.

This "crowdfunding" model has worked around the world to create jobs and economic opportunity for small entrepreneurs and the communities they serve. While this model is usually associated with the developing world, it also can work in Oakland, and in fact it already isworking.

Photo of April 2 press conference (from left to right: City Attorney Parker, Kiva spokesperson Jonny Price, OwlNWood owner Rachel Konte, City of Oakland Economic Analyst Juno Thomas, Pollinate Farm & Garden owner Yolanda Burrell, City of Oakland EconomicDevelopment Manager Aliza Gallo and Councilmember Libby Schaaf)

Last May, the City Council unanimously approved a resolution that I and Councilmember Schaaf sponsored, making Oakland the first U.S. city to partner with Kiva.org through the nonprofit's Kiva Zip program, which allows anyone with an internet connection to make a"microloan" of $5 or more to a small business endorsed by the City of Oakland. The City endorses businesses to participate in the program, but does not guarantee the loans.

To date, three local businesses are receiving $5,000 loans: OwlNWood clothing store on Grand Avenue, Pollinate Farm & Garden in the Fruitvale District and Loakal Art Gallery & Boutique near Jack London Square. As the initial businesses pay back their loans, the Citywill endorse more businesses using Kiva's platform.

As we all know, Oakland has extraordinary energy and momentum. In the last few years, we have seen a boom in the downtown and uptown neighborhoods, the beautiful rehabilitation of Lake Merritt, the beginning of a historic development on the former Army Base andso many other important and giant steps.

One of the main reasons for this momentum is the small local entrepreneurs who are flocking here. Every dollar that is loaned to a small business grows our economy and creates new jobs, new opportunities and new energy. I strongly encourage you to visit the Kiva.orgwebsite and make a small loan to support a local business and help grow Oakland.

<'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiIyRs5bvBme30fC5i_CPQ0_9u3RurTmYoKjQZru3yXA3YAYRi7S-dCpoXs9HLTgeujCA3ZyBiD1NLzI7DnWJuJpkxZYjU8F3OgTEPyuGt4xc9sAWzWuJxZ7Y1NuH--htnZx-JaQWnIcSJK8y-GwGdjIHFKW_QUnj8oy5KcBP8_>more information

City Attorney & Public Ethics Commission Publish Guide to Laws Governing Campaign Activity by Elected Officials, Candidates, City Officers and Employees

The City Attorney's Office and the Public Ethics Commission receive many requests for advice about the laws regulating campaign-related and other political activity by elected officials, City officers and City employees and candidates for City elected offices.

To ensure that the public, City employees and officials and candidates have the same information, today the City Attorney and the Public Ethics Commission are releasing a guide regarding campaign-related law and regulations.

The guide provides answers to <'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiKIwNoYLv9qe6wC39TUa8raT7ECNMNAYC_IrzgTPVDO93m5QkoAcK4jPQb28v_qXgdEkXqHGF50-yVIv5DRq3MjCldFVtAgHn0oki0nt68f-Rg9GguTGR7hPlysU8UwRY3Nnb8Cpshs9wlZP6CjPjMI2SWX5aSVmI4TPshDvI->frequently asked questions (FAQs) in three main areas: 1. use of public resources for campaign activities, 2. political activity by City elected officials, candidates, employees and

boards/commissions, and 3. contributions to and solicitations from candidates.

As campaign activity increases in the months leading up to the November election, this guide will be a resource to City employees, elected officials, candidates, campaign workers, advisors and the public to understand and follow the law.

If you have a question that this guide does not address, please email your question to <mailto:[email protected]>[email protected]. We will continue to add FAQs to the guide to make it as helpful and as comprehensive as possible.

<'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiKIwNoYLv9qe6wC39TUa8raT7ECNMNAYC_IrzgTPVDO93m5QkoAcK4jPQb28v_qXgdEkXqHGF50-yVIv5DRq3MjCldFVtAgHn0oki0nt68f-Rg9GguTGR7hPlysU8UwRY3Nnb8Cpshs9wlZP6CjPjMI2SWX5aSVmI4TPshDvI->Read the FAQ

Illegal Dumping Enforcement Update

In late 2013, the City Attorney initiated a crackdown on illegal dumping with the Public Works Agency and the City Administrator's Office.

An increasing number of people, many using camera phones, are taking photos and videos of illegal dumping incidents and reporting violators. With the help of photos sent in by members of the public, we are building cases against illegal dumpers and issuing major fines.

Results so far:

Total number of citations: 60Total number of warning letters: 53

Total amount collected in fines: $9,650.50 (with an additional $3,825 expected)Number of settlements that required community service: 9

To report incidents of illegal dumping, go to the Public Works Agency's <'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiF7d3amKvYjZm3iKBBS4Ezd-mQjMeCoCNMUD5bqQzKSF-ie_yEfA329kGiUHsBDQkIA1ZMLmvWg9PBkxKE9rQr4LXATB9pkSrKqirQqai-BbIZD6014UnRz2AMZg1HopCcv6qyh-oOCM_3dppePF-HqIU0rwna4XW-6n7pUBFE>on line service request page , or go to

<'"http://r20.rs6.net/tn.jsp?f=001tAIusKfA8hVzx0uDynVc0qzgsX3K_567Ai4Dq-5zI46EUgAtOC7BiF7d3amKvYjZgeSTTulw2EItL6WBm8_ku1qmMbRy2FcHbe4Ba-iQqsnESuXSX5YhrXOKXkCokOYkAvnFcITGk1TUKaFiIVmCb8oTs7E4AmorEfluHNyxH98hlqY4a0mOQnMfEM7KaBfu&c=Zk6xD2hFfMEJDDPS3lB9IOZcOV7>http://www.seeclickfix.com/oakland.

Photos of the license plate numbers of vehicles used for illegal dumping are ideal. If a photo is not available, write down the license plate number, and please avoid confrontation when documenting illegal dumping incidents.

City Attorney in the Community

Oakland Technical High School Career Day

On April 9, I was honored to join other elected officials and professionals representing a wide variety of careers to speak to students at the beautiful Oakland Technical High School campus. Career Days broaden students' horizons by exposing them to different careeropportunities and planting seeds about fields they have never considered or did not believe were options for them. I want to thank the wonderful Oakland Tech staff and students for their hospitality.

Mandela Law & Public Service Academy Partnership and Mentoring Program

Last year, I initiated a partnership with the Mandela Law & Public Service Academy, which is one of the academies in Oakland's Fremont High School. Attorneys and other staff in my Office have volunteered to support the program and mentor students, who are interestedin careers in law and government.

In November, we hosted the students on a visit to City Hall. They were very enthusiastic and interested in government and the work we do. They became particularly passionate when they learned that the Council's Public Safety Committee was considering passinglegislation that would impose a curfew.

Last week we had our first formal meeting with the students on the Fremont High School campus and had the opportunity to become better acquainted with the students that each of us will work with in the coming years. These bright and engaged young people are verymature for their tender years. I look forward to continuing our partnership with the Academy and helping theses students to realize their dreams.

City Attorney Hosts California Minority Counsel Program Event "Strengthening Public & Private Partnerships"

I want to thank all the members of my staff and the members of the California Minority Counsel Program (CMCP) staff for organizing an inspiring educational event for attorneys on March 26 at City Hall.

The event "Strengthening Public & Private Sector Partnerships" brought more than 100 attorneys from public agencies and private firms together to discuss strategies to improve the practice of public law in California.

Public agencies are facing daunting legal and financial challenges, so it's more important than ever for the public sector to partner with private sector attorneys and firms to leverage the resources we have and plan for the next 25 to 50 years of this century. One highlightwas a panel discussion of General Counsel from Bay Area public agencies including University of California at Berkeley, County of Alameda, Peralta Community College District, BART and the Port of Oakland (see photo below). The panelists provided frank andenlightening insight about their career paths, their life experiences, the challenges in they face in their roles and how diversity is a critical prerequisite to providing excellent legal services.

CMCP has worked for more than two decades to increase diversity in the legal profession. We know that diversity is key to improving the practice of law in our state, securing justice in our criminal and court systems and improving government at every level in California.






http://www.seeclickfix.com/oakland

A special thank you to Rocio Fierro, head of the Public Safety Unit in my office, for conceiving the idea for this event and for her hard work on the details, including identifying and securing panelists for the continuing education panels.

Photo left to right: Hansen Bridgett Partner David Alexander, Peralta Community College District General Counsel Thuy Thi Nguyen, Oakland City Attorney Barbara Parker, BART General Counsel Matthew Burrows, Alameda County Counsel Donna Ziegler, Port of OaklandGeneral Counsel Danny Wan & University of California General Counsel Charles Robinson.

Updates on Legal Cases & Matters

1. Northern California River Watch, Teamsters Local 70 and East Bay Alliance for a Sustainable Economy v. Oakland Maritime Support Services, City of Oakland, et al.,

U.S. District Court Case No. 4:40-CV-3912 CW

In 2010, Northern California River Watch, Teamsters Local 70 and East Bay Alliance for a Sustainable Economy filed a lawsuit against Oakland Maritime Support Services ("OMSS") for alleged violations of the Federal Clean Water Act on property OMSS leased from theformer Oakland Redevelopment Agency. As the owners of the property, the Agency and the City of Oakland were named as parties to the lawsuit.

In July 2011, the parties began discussions in effort to settle the case. After more than two-and-a-half years of complex negotiations, the parties have reached a mutually beneficial settlement of the litigation. Under the settlement, the City will pay $300,000 to resolve all ofPlaintiffs' claims; $200,000 of that sum will be allocated to fund the West Oakland Job Resource Center. OMSS will reimburse the City for $50,000 of the total settlement amount.

In exchange for these payments, Plaintiffs dismissed the litigation and agreed not to challenge the relocation of OMSS truck repair and maintenance facility to the Oakland Army Base or the Port of Oakland.

Resolution of the case removes a potential impediment to the successful redevelopment of the Oakland Army Base site and avoids the potentially much greater expense of proceeding in the courts.

2. Saavedra v. City of Oakland, et al. Alameda County, Superior Court Case No. RG11559931

A part-time custodian in the City's Public Works Agency filed suit against the City of Oakland and his supervisors, alleging he was defamed, discriminated against, harassed and retaliated against based on a protected class (race or national origin). The allegations stemmedfrom a 20-day suspension the City imposed following an investigation into a number of disciplinary issues. The City moved for summary judgment on the grounds that the City's actions regarding the custodian's employment were unrelated to race or any other illegal motive

and that the custodian had not exhausted his administrative or judicial remedies before he filed suit in Superior Court. Judge Kimberly E. Colwell agreed; on April 9 the court granted the City's motion and dismissed the custodian's complaint.

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Oakland City Attorney's Office | 1 Frank Ogawa Plaza | Oakland | CA | 94612





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman <[email protected]>,"McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks,Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>,"Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>,"Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman" <[email protected]>

Dear Mayor Quan:

Hasn't this gone on long enough? It's been more than six years of the City ignoring law and facts. What sort of government is this? What is the regular citizen supposed to do?


Eric Neville


To: "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>,"Alameda County Grand Jury" <[email protected]>, Serena Aisenman <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>,"Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont AvenueNeighborhood Improvement League" <[email protected]>, "Joe Tuman" <[email protected]>



Cc:

To whom it may concern:

We now have statistical analysis showing government broadly functioning just as anyone looking at this case can see for themselves:

"Multivariate analysis indicates that economic elites and organized groups representing business

interests have substantial independent impacts on U.S. government policy, while average citizens

and mass-based interest groups have little or no independent influence."

http://ui.constantcontact.com/sa/fwtf.jsp?llr=wsxwcycab&m=11





http://40eneville.com/



tel:1117054728000

http://visitor.constantcontact.com/do?p=un&m=001QxmrhXUZ0Yl3










http://visitor.constantcontact.com/do?p=oo&m=001QxmrhXUZ0Yl3









http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp

Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens

http://www.princeton.edu/~mgilens/Gilens%20homepage%20materials/Gilens%20and%20Page/Gilens%20and%20Page%202014-Testing%20Theories%203-7-14.pdf

In short:

Rich people rule!

http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/04/08/rich-people-rule/

In this case, we have government not just tailoring policy to suit the privileged but even willfully flouting its own codified law - as well as Constitutional case law - in deference to the privileged. How is the regular citizen supposed to engage government suchas this? Are you proud of the side you stand on?


Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>,"Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>,"Jain, Kiran C" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman" <[email protected]>

Dear Mayor Quan:

We're at the protracted point we are in this matter because the City of Oakland neglected reports of law violation and government dysfunction for year after year. This neglect led to the investigation and findings of the 2010-2011 Alameda CountyGrand Jury. What does the City expect neglect of law and dysfunction to accomplish now?


Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee,Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman"<[email protected]>

Dear Mayor Quan:

http://www.princeton.edu/%7Emgilens/Gilens%20homepage%20materials/Gilens%20and%20Page/Gilens%20and%20Page%202014-Testing%20Theories%203-7-14.pdf

How come for little people Oakland is a cash-strapped city where your email is ignored and you must follow the law even if you can't access it and pay full price on permits (and parking tickets and sales tax), while for a privilegedfew it's a city that can afford many staff hours to tailor upon request a custom legal finding that tramples municipal and Constitutional law, as well as creating a special new set of more complex rules for Code Enforcement to learnand enforce, in order to then give away $10,000's in permit fee discounts?


Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury" <[email protected]>, SerenaAisenman <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>,"Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna" <[email protected]>,"City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin,Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>,"City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue NeighborhoodImprovement League" <[email protected]>, "Joe Tuman" <[email protected]>

Dear Mayor Quan:

Is there a reason why Oaklanders should accept a City government that violates law and refuses to explain itself? How should a citizen deal with such government?


Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury"<[email protected]>, Serena Aisenman <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Parker, Barbara" <[email protected]>,"Chen, Celena" <[email protected]>, "Moreno, Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>,"Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, "Joe Tuman" <[email protected]>

Dear Mayor Quan:

Temporarily setting aside the City of Oakland's six year history of disregard for the law and its own dysfunction in this matter, let's review just the identified current violations of law:

* The City of Oakland is permitting ground signs in direct violation of its municipal law, Oakland Sign Code �� 702. The City has for months failed to address or even acknowledge this.

* This violation creates a violation of the First Amendment in restricting speech on the basis of content in a traditional public forum, as established by cases such as Hague v. CIO and Police Dept. of Cityof Chicago v. Mosley. The City's narrowly qualified and legally unsupported assertion in response: "This Office [of the City Attorney] does not agree with your view that the Oakland Sign Code violatesthe First Amendment."

* The City is failing to make the Uniform Sign Code, adopted into the Oakland Sign Code, available to the public per Oakland Municipal Code �� 14.04.010.B. The City has for months failed to addressor even acknowledge this.

* The City is violating the the California Public Records Act by failing to make its document of law, the Uniform Sign Code, publicly available for in-person inspection. The City has for months failed toaddress or even acknowledge this.

I request that the City of Oakland rectify these violations without further delay.


Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda County Grand Jury"<[email protected]>, Serena Aisenman <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>,"Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada,Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, "Joe Tuman" <[email protected]>

Dear Mayor Quan:

Please note that the City of Oakland is continuing to willfully violate the First Amendment by permitting certain commercial speech, in the form of ground signage, in the traditional publicforum of the sidewalk while it prohibits all other ground signage, including noncommercial speech, via the Oakland Sign Code.

No less than the Supreme Court of the United States has said, regarding speech in such public spaces as sidewalks:

"Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly,communicating thoughts between citizens, and discussing public questions." (Hague v. CIO)

and, regarding restriction on the basis of content:

"[A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." (Police Dept. of City ofChicago v. Mosley)

In unexplained contradiction, the City of Oakland's statement, in its entirety on this point, has been:

"You also expressed concerns the the City is violating the First Amendment by restricting speech on the basis of content in the traditional public forum of the sidewalk. This Office [of the CityAttorney] does not agree with your view that the Oakland Sign Code violates the First Amendment."

This statement artificially constrains the question to the Oakland Sign Code to the exclusion of the City's actual behavior and its interpretation of law as expressed in its Municipal CodeBulletin and, in lacking even an iota of effort to address the substance of the relevant law, is but an attempt to frivolously brush aside the issue rather than a duly considered legal assessmenton behalf of the people.

The City of Oakland is not only violating the First Amendment but also recklessly dismissing alert to this fact, which indeed is part of a larger problem wherein the City has not only repeatedlyand persistently violated various laws but done so with willful disregard, and even more broadly this is but part of the City's deaf intransigence which suppresses citizen effort to report on thefunctionality of government and its consequent impact on the welfare of the people. This is government lost to its standards and purpose. How is the common citizen supposed to engagegovernment such as this?

Eric Neville


To: "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>,



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, "Alameda CountyGrand Jury" <[email protected]>, Serena Aisenman <[email protected]>, "McElhaney, Lynette" <[email protected]>,"Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno,Doryanna" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>,"Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn, Rachel"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>,"Piedmont Avenue Neighborhood Improvement League" <[email protected]>, "Joe Tuman" <[email protected]>, Terry Francke<[email protected]>

Dear Mayor Quan:

I am advised by the Office of the Attorney General that it is not, at least normally, provided an enforcement role in the Public Records Act, rather the Act relies on pursuit byplaintiffs through the courts. Legal action is a nontrivial cost for most people, and certainly from a societal perspective the cost is outsized relative to that for the City of Oaklandsimply to make copies available for public inspection. Moreover, it seems that even if one citizen were to mount a legal effort to secure in-person access to the Uniform SignCode, it would not guarantee that the next citizen would not need to undertake the same, because the City could simply supply an individual with access without rectifying thelack of public access. This would seem inexplicable, but then so much of the City's behavior thus far has been so, therefore the likelihood of such an outcome could hardly bedismissed. So, while no one is disputing that the City is violating the Public Records Act and its own Oakland Municipal Code �� 14.04.010.B by failing to provide in-personaccess to the public, apparently the City is willing and capable of doing so indefinitely. What a sad victory for the City of Oakland. One might have thought that the City,motivated by an interest in seeing its citizens have access to the law (ignorance of which is no defense, after all), would have welcomed input and eagerly rectified the lapse inaccess. Instead, it seems that those in power at the City of Oakland are set on having their cake and eating it, too, so that they can prohibit or allow signs as they please, whilethe common citizen has access to neither enforcement nor even the law, which hardly seems like equal protection.


Eric Neville

At 11:20 AM -0800 2014.02.24, [email protected] wrote:

Date: Mon, 24 Feb 2014 11:20:05 -0800 (PST)

From: [email protected]


Subject: Reply from CA Attorney General's Office ; PIU #335643

Attachments: Summary of the Public Records Act.pdf

Dear Mr. Eric Neville:

***DO NOT REPLY TO THIS E-MAIL*** ***Reply messages will be returned as undeliverable*** If you wish to submit additional information, please use our e-mailwebform, available at: http://ag.ca.gov/consumers/general.htm

Thank you for your recent correspondence to the Office of the Attorney General expressing concern that the City of Oakland has failed to comply with yourPublic Records Act request.

The purpose of the Public Records Act (Act) is to provide access to government records so that members of the public can monitor the performance ofgovernment agencies. In recognition of individual rights of privacy and the need of government agencies to maintain the confidentiality of certain records, the Act















































http://ag.ca.gov/consumers/general.htm

provides several exemptions that permit government agencies to withhold specified information involving, for example, personnel, investigations, and litigation.

When the Legislature enacted the Public Records Act in 1968, it provided several judicial remedies for persons who believed that they had been wrongfullydenied records to which they were entitled. These remedies include the right to seek injunctive or declaratory relief or a writ of mandate in the Superior Court. (See Government Code sections 6258-6259.) Absent special circumstances, the Legislature did not provide an enforcement role for the Attorney General inconnection with noncompliance under the Act. However, you may wish to consult with a private attorney to evaluate your options under the judicial remediesdiscussed above.

We invite you to visit the Attorney General's Website http://ag.ca.gov/ in which you may find the following materials to assist you:

* Guidelines for seeking records from the Attorney General

* A summary of the Public Records Act along with the text of the Act

* Instructional slides that provide a tutorial of the Public Records Act

We are attaching for your reference a copy of the Attorney General's publication, Summary of the California Public Records Act 2004.

We hope that this information will assist you. Again, thank you for writing the Attorney General's Office.

Sincerely,

C. Hallinan

Public Inquiry Unit

For Kamala D. Harris

Attorney General


To: "Kamala Harris" <[email protected]>, <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>,"McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks,Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>,"Parker, Barbara" <[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Flynn,Rachel" <[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos,Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, "Joe Tuman" <[email protected]>, Terry Francke <[email protected]>


I am concerned that, as documented herein, the City of Oakland is willfully violating the California Public Records Act by knowingly failing to provide in-personpublic access to its document of law, the Uniform Sign Code, adopted into the Oakland Sign Code. I informed the City of this failure on 9 December 2013, andfollowed up repeatedly, yet after more than two months it has failed to even acknowledge the matter, let alone resolve it. Furthermore, this is not the first time inthis case that the City has failed to comply with the Public Records Act, willfully and persistently disregarded law in general, or required intervention by an outsideagency of law. Please also be advised that, as also documented herein, the City has previously made and accepted false reporting to cover up its disregard forlaw. I request that the State of California enforce the Public Records Act so that the public has in-person inspection access to the City of Oakland's Uniform SignCode document.

Sincerely,

http://ag.ca.gov/

Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>,<[email protected]>, "Alameda County Grand Jury" <[email protected]>, Serena Aisenman<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>,"Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Parker, Barbara"<[email protected]>, "Chen, Celena" <[email protected]>, "Moreno, Doryanna"<[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Flynn, Rachel" <[email protected]>, "Sandercock, Deborah"<[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>, "Joe Tuman" <[email protected]>

Dear Mayor Quan:

I remain concerned that, as described and documented herein, the City of Oakland is willfully neglecting its obligations under federal, state, and itsown law. The addressing of Design Review requirements appreciated (attachment received) but not sufficing solely, the City continues to neglectaddressing the failure to provide in-person inspection of documents per the California Public Records Act and its own municipal code, as well as thedirect contradiction of its municipal code by its interpretation of that code. I also remain concerned that it is insensate to its violation of the FirstAmendment, in knowingly allowing commercial speech on the traditional public forum of the sidewalk while continuing to prohibit non-commercialspeech, and that its implementation of the blanket permit is myopic.

As I have previously said, such neglect is part of a larger pattern showing a government beholden to the politically favored.

For the politically favored, the City has willfully neglected law after law, done so for years at a stretch, and even reported falsely to cover up suchaction. When, after involvement by the Alameda County Grand Jury, a belated change to Code Enforcement directorship was made and rationalenforcement was implemented, the City then had multiple staff work over months - to the exclusion of this clearly interested citizen or other residentialgroups - on documents paving the way to issue a blanket permit negating the recent enforcement, and doing so at a discount of $10,000's.

Meanwhile, for the politically unfavored, the City has repeatedly ignored email, dodged completely valid questions, refused to acknowledge evendocumented problems, said that lack of funds prevent proper functioning of government, willfully disregarded reports of violations of law after law,withheld access to the law, and been willfully deaf to the collective effect such behavior has on the public that it is supposed to serve.

In sum, rather than acting as a steward of justice, the City of Oakland has operated as a tool for the strong to dominate the weak.


Eric Neville

At 12:18 PM -0800 2014.02.10, Flynn, Rachel wrote:


Date: Mon, 10 Feb 2014 12:18:57 -0800

From: "Flynn, Rachel" <[email protected]>

To: "Eric Neville" <[email protected]>,

"Chen, Celena" <[email protected]>,

"Parker, Barbara" <[email protected]>,

"Moreno, Doryanna" <[email protected]>,

"Lee, Heather" <[email protected]>,

"Jain, Kiran C" <[email protected]>

Cc: "Melinda Haag" <[email protected]>,

"Kamala Harris" <[email protected]>,

<[email protected]>,

"American Civil Liberties Union of Northern California" <[email protected]>,

"McElhaney, Lynette" <[email protected]>,

"Kalb, Dan" <[email protected]>,

"Kernighan, Pat" <[email protected]>,

"Schaaf, Libby" <[email protected]>,

"Gallo, Noel" <[email protected]>,

"Brooks, Desley" <[email protected]>,

"Reid, Larry" <[email protected]>,

"Kaplan, Rebecca" <[email protected]>,

"Quan, Jean" <[email protected]>,

"Office of the Mayor" <[email protected]>,

"Santana, Deanna" <[email protected]>,

"City Administrator's Office" <CityAdministrator'[email protected]>,

"Sandercock, Deborah" <[email protected]>,

"Lin, Margaretta" <[email protected]>,

"Blackwell, Fred" <[email protected]>,

"Quesada, Bill" <[email protected]>,

"Campos, Rafael" <[email protected]>,

"City Clerk" <[email protected]>,

"Ruby, Courtney" <[email protected]>,

"Rockridge Community Planning Council" <[email protected]>,

"Piedmont Avenue Neighborhood Improvement League" <[email protected]>,

"Joe Tuman" <[email protected]>

Attachments: SANDWICH BOARD COMPLAINTS 2014.pdf

Hi Eric -- Attached are the results of the inspections we conducted on January 14, 2014, regarding your complaint in December 2013 forthe following addresses:

5636 College Avenue (Nathan & Co)

5697 Miles Avenue (Cool Tops)

5707 College Avenue (Fit Clothing)

The signs are incompliance with the design review requirements that were included in the Minor Encroachment Permit. Hope thishelps. Rachel

-----Original Message-----

From: Campos, Rafael

Sent: Tuesday, January 14, 2014 3:54 PM

To: Flynn, Rachel

Cc: Sandercock, Deborah; Low, Tim; Hutcher, Jeff

Subject: Emailing: SANDWICH BOARD COMPLAINTS 2014

Attached you will find the results of the complaint inspections requested. All three were in compliance with the standard detail. Inaddition, I drove all along college Ave to verify compliance or violations. I did not find any sandwich board violations during myinspection.


To: "Chen, Celena" <[email protected]>, "Parker, Barbara"<[email protected]>, "Moreno, Doryanna" <[email protected]>,"Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>,<[email protected]>, <[email protected]>, "American Civil Liberties Union ofNorthern California" <[email protected]>, "Alameda County Grand Jury"<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Santana, Deanna" <[email protected]>,"City Administrator's Office" <CityAdministrator'[email protected]>, "Sandercock,Deborah" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lin,Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>,"Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>,"Piedmont Avenue Neighborhood Improvement League" <[email protected]>, Joe Tuman<[email protected]>

Attachments: Letter to E. Neville_20140206.pdf

Dear Deputy City Attorney Chen:

I am in receipt of your letter of 6 February 2014, attached.

I remain concerned that the City of Oakland is disregarding the law, as well as the consequent impact on the public: theissue is not just what the City does, but how it does it.

Please note that the City continues to neglect even addressing its failure to provide in-person public inspection of theUniform Sign Code, as specified by Oakland Municipal Code �� 14.04.010.B, and as required by California's PublicRecords Act. I ask again, has the City rectified this failure? As I already clarified, on 10 January 2014 no less, this is amatter of access to law in general, going well beyond this citizen individually, and I am concerned that in this regard theCity has yet to indicate any concern for the importance of even the principle of public access to the law. I am alsoconcerned that the City has, over the course of years documented herein, repeatedly behaved as if failing to acknowledgea problem implies that the problem does not exist, no matter how clearly identified, and typically demonstrated aremarkable lack curiosity in accompaniment. For example, when in September 2009 the City Attorney's Office wasprovided photographs showing that Code Enforcement had falsely reported to it the abatement of dozens of violations, theCity Attorney's Office demonstrated no dismay at being misled - no surprise, not even concern, nor even any curiosity. Corroboration of systemic dysfunction is provided by the findings of the 2010-2011 Alameda County Grand Jury, and themisfeasance documented herein since shows that systemic dysfunction has hardly been resolved. A reasonable personmust wonder where this case would be if it were not well documented, and what has happened to untold numbers ofundocumented cases in Oakland wherein citizens tried to resolve a problem by simply calling the City a time or two, as isprobably the limit of what most people would undertake. This is itself a point that I have made repeatedly, yet the Cityfails to acknowledge.

Please also note that the City continues to neglect addressing the obvious contradiction between the Municipal CodeBulletin of 4 September 2013, which allows certain commercial ground signs on the sidewalk, and the Oakland Sign Code,which prohibits them categorically in �� 703: "Ground signs shall not project over public property or beyond a legalsetback."

I also reiterate my inquiry of whether any of the following newly permitted signs observed on the sidewalk have beenapproved by Design Review, as required by OMC �� 17.104.020.A, or been enforced against for failure to be so:





Thank you for addressing the First Amendment, although I do not see why it has taken the City ten emails received andalmost two months to do so, my having raised the issue on 9 December 2013. Also, I am unclear on how finely the Cityintends to parse its words when it addresses only the Oakland Sign Code with regard to the First Amendment, to theexclusion of the blanket permit and the underlying Municipal Code Bulletin. I observe that the City refers explicitly to therestriction of speech on the basis of content in the traditional public forum of the sidewalk, but does not actuallyacknowledge that it is engaging in such, even though it patently is. My concern is the legal totality, and I am disappointedthat the City fails to see and/or acknowledge that it is violating the First Amendment, and that in so doing the City fails toprotect of the rights of the common citizen in this regard, and further that this is part of a broader neglect of the rights andcondition of the common citizen, who should be able to look to the City to rightfully protect them by default, rather than findthat it expects them to mount a campaign in order to defend even their established civil rights.

I am also concerned about the wisdom and fairness of a permit for College Avenue that would seem as applicable to anyother commercial street in Oakland. Why issue this permit for only one of the many commercial streets in Oakland? Whyfor this particular street? Why do so only after five years of willful and unacknowledged neglect of enforcement? Evidently, the City cannot even keep up with the multiple legal inconsistencies ramifying from this permit. I do not believethe issuance of this permit is foresightful or legally coherent.

In fact, I remain concerned that in the larger context, spanning now more than six years, these latest steps are but part ofa long history of effort by City leadership to perpetuate the commercial signage in question for political expedience, withoutregard to the law or public welfare; and that this history itself is evidence of a dominant, endemic culture in the City ofOakland that operates by political calculus rather than law, with Oakland's least privileged suffering the most. I think agreat many people have come to the conclusion that it's just not worth even trying to engage the City of Oakland. Thispoint, in turn, is - yet again - one that I have made repeatedly, to no acknowledgement by the City. How is the commoncitizen supposed to engage a government such as this? To whom should an Oaklander look for their lawful protection? How especially if they are a single parent, have limited English, and/or have no Internet access, as is the case for a greatmany of Oakland's 400,000?


Eric Neville

At 2:52 PM -0800 2014.02.06, Chen, Celena wrote:

Date: Thu, 6 Feb 2014 14:52:01 -0800

From: "Chen, Celena" <[email protected]>

To: <[email protected]>

Cc: "Parker, Barbara" <[email protected]>,

"Moreno, Doryanna" <[email protected]>,


"Flynn, Rachel" <[email protected]>,








"Kaplan, Rebecca" <[email protected]>

Dear Mr. Neville:

City Attorney Barbara Parker asked me to respond to your emails regarding merchant signage on sidewalks,which I have attached to this email.

Thank you for contacting our office.

Regards,

Celena Chen

Celena H. Chen

Deputy City Attorney

City of Oakland

1 Frank H. Ogawa Plaza, 6th Floor

Oakland, CA 94612

tel: (510) 238-7040 (direct)

fax: (510 238-6500

<http://www.oaklandcityattorney.org>http://www.oaklandcityattorney.org

PLEASE NOTE: The information contained in this transmission is intended to be sent only to the statedrecipient of the transmission and may contain information that is confidential, privileged or otherwise protectedfrom disclosure under applicable law. If the reader of this message is not the intended recipient or theintended recipient's agent, you are hereby notified that any dissemination, distribution or copying of theinformation contained in this transmission is prohibited. You are further asked to notify us of the error as soonas possible at the telephone number shown above and to return any attachments to this office immediately.Thank you for your cooperation.

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

Please consider the environment before printing this email

[v1.03]

Attachment: Letter to E. Neville_20140206.pdf





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris"<[email protected]>, <[email protected]>,<[email protected]>, "American Civil Liberties Union of NorthernCalifornia" <[email protected]>, "Alameda County Grand Jury"<[email protected]>, "Parker, Barbara" <[email protected]>,"Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "McElhaney, Lynette"

tel:%28510%29%20238-7040

tel:%28510%20238-6500

http://www.oaklandcityattorney.org/



http://www.oaklandcityatto/



http://rney.org/

<[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks,Desley" <[email protected]>, "Reid, Larry" <[email protected]>,"Kaplan, Rebecca" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Sandercock, Deborah"<[email protected]>, "Flynn, Rachel" <[email protected]>,"Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Quesada, Bill" <[email protected]>,"Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Ruby, Courtney" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "PiedmontAvenue Neighborhood Improvement League" <[email protected]>

Dear Mayor Quan:

If the City is ignoring me because it finds that the violations of law and systemic problems that I havereported are neither real nor significant, please advise.


Eric Neville


To: "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris"<[email protected]>, <[email protected]>,<[email protected]>, "American Civil Liberties Union of NorthernCalifornia" <[email protected]>, "Alameda County Grand Jury"<[email protected]>, "Parker, Barbara" <[email protected]>,"Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "McElhaney, Lynette"<[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks,Desley" <[email protected]>, "Reid, Larry" <[email protected]>,"Kaplan, Rebecca" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Sandercock, Deborah"<[email protected]>, "Flynn, Rachel" <[email protected]>,"Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Quesada, Bill" <[email protected]>,"Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Ruby, Courtney" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "PiedmontAvenue Neighborhood Improvement League" <[email protected]>

Dear Mayor Quan:

I am concerned that in Oakland it apparently falls to the individual citizen to demonstrate the legal theory andpolitical merit supporting a request for the protection of existing law, even for civil rights already establishedin Constitutional law. How is this a reasonable standard for such persons as single parents, those for whomEnglish is a second language, or those who do not use the Internet, who collectively make up a substantialportion of our population of 400,000?


Eric Neville

Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, <[email protected]>, "American Civil Liberties Union of Northern California" <[email protected]>, "Alameda County Grand Jury"<[email protected]>, "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Sandercock, Deborah" <[email protected]>,"Flynn, Rachel" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Mayor Quan:

I am concerned that the City refuses to acknowledge the evidence of just how hard it is for a regular person to engage the City, even for the protection of rights established by federal, state, and its own law.

With persisting concern,Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, <[email protected]>, "American Civil Liberties Union of Northern California" <[email protected]>, "Alameda CountyGrand Jury" <[email protected]>, "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb,Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>,"Sandercock, Deborah" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos,Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Mayor Quan:

I am concerned that the City of Oakland is failing to protect the rights of the common citizen.

I am concerned that the City leadership cannot see beyond the political expedience of allowing stores on College Avenue to put signs on the sidewalk, undercutting recent important and necessary restoration of credibility of Code Enforcement.

I am concerned that the City is failing to provide public access to law.

I am concerned that it is violating federal, state, and its own law, as specified in my letter of 9 December 2013, recorded in sequence below.

I am concerned that it is doing these things willfully, without regard for the consequences to the public, and in denial of a years' long history of dysfunction, described and documented herein.

I am concerned that in this history City leadership has changed course only in response to outside intervention, as by the findings of the 2010-2011 Alameda County Grand Jury, and in neglect of evidence available to it, such as that which I provided even prior to that investigation.

I am concerned that this citizen has written a hundred emails over six years addressing this matter, establishing specifics, speaking to principle and the impact of process, apparently without effect on the endemic culture.

Considering the strength of this demonstrated pattern of willful neglect, a reasonable person must suspect that many other of Oakland's 400,000 citizens, likely with less well-documented experiences, are similarly ignored by the City, and/or have learned to simply stop trying.

I am concerned that the City fails to acknowledged how its treatment of the public suppresses participation, at best filtering for input that aligns with the interests of the privileged and powerful.

How is a regular person supposed to engage a government such as this?

How is the regular person supposed to anticipate how the City of Oakland will apply its power, be they a pedestrian or merchant? A citizen with a message or merchant wanting to advertise? A merchant on College Avenue or a merchant on East 12th Street or Fruitvale Avenue? Don't all these people have a right to know what, in fact, the City will and won't allow? Don't they all have a right to fair treatment? Don't they all have a reasonable expectation that their interests will be protected by their government, regardless of their resources with which to lobbyit?

Eric Neville


To: "McElhaney, Lynette" <[email protected]>



Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, <[email protected]>, "American Civil Liberties Union of Northern California" <[email protected]>,"Alameda County Grand Jury" <[email protected]>, "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Santana,Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Sandercock, Deborah" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Rockridge CommunityPlanning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Councilmember McElhaney:

Thank you for your reflections on the nature of Oakland government and the challenges we face. I believe that we need to develop all available resources to tackle our problems, and that that very much includes fostering the contribution of everyone, particularly withregard to Code Enforcement, which indeed relies on public participation by design. Please note that, unfortunately, this matter is hardly resolved. The points that I specified per your request in my email of 3 January 2014 - such as the expectation that the City of Oaklandconform to federal, state, and its own law - remain salient, and are important well beyond the precipitating issue of signs on the sidewalk.

I am a little concerned by the suggestion that citizens are expected be more patient than I have been. If you read through the six years of exchange on this matter, or simply consider that timespan for turnaround, I think you will find that the patience and persistence that Ihave demonstrated have been well beyond what is reasonable to expect from the average person. Put another way, if a hundred emails and six years is the threshold for civic participation, almost no one will measure up (in which case Oakland would have a real problemin this regard, which it does). Or, from another perspective, if it were a relative or neighbor of yours, particularly if young or elderly, who were treated by the City as this citizen has been treated, I think you would be appropriately upset. I am, as previously stated, verymuch concerned about the ability of regular citizens to elicit appropriate response from the City of Oakland, and the consequent effect on public participation.

Participation is particularly relevant to budget concerns and Code Enforcement in Oakland because, rather than paying inspectors to look for new violations, Oakland's Code Enforcement depends on public reports to prompt inspection and drive the system. From thebeginning, I took the trouble to first ask Code Enforcement about the rules regarding signs on the sidewalk, so that I could appropriately tailor reports to its standards. As you can see for yourself in the history of emails, I was told unequivocally that signs are not permittedon the sidewalk. So I reported signs on the sidewalk. Once Code Enforcement started making its presence its felt on the street, its functionality in this matter started mysteriously decaying. Even something as basic as ignoring email can very much discourages citizenreporting, and the multifarious dysfunction I encountered with Code Enforcement went well beyond that, as I have previously described and documented. The rules for how things work must be expressed clearly beforehand, and be executed reliably, so that everyone has afair chance to know what is and isn't allowed. New and small business is particularly dependent on a predictable and consistent legal environment. Also, the deviations in this case have arisen from execution of discretion, not from limited resources. Citizens will nottrouble themselves with reports to Code Enforcement if they cannot rely on what will be enforced, if they cannot tell what effort matters. In which case, we get the protection of law only for the rich and connected, those who can reach the actual levers of power. And welose the unfunded service of reporting by the general citizenry. With an operation like Oakland's Code Enforcement that is already saving money by relying on regular people to be its eyes, it's crucial that we foster their engagement with a transparent and reliableoperation. These are, by the way, points that I have repeatedly raised through the years.

I also remain concerned by the City giving away money to privileged parties through discounts on fees and fines, such as the $10,000's given away with the blanket permit, which covers at least scores of individual encroachments. The money argument has been raisedvery selectively by the City over the years.

I look forward to support from Councilmember Kalb, and others, because this matter has citywide significance. This matter had already risen to citywide relevance before you and he came into office in January 2013, and since then I have correspondingly included him andyourself along with other Councilmembers when addressing it. I had at that time, if you recall, already been referred to Assistant City Administrator Blackwell, though he was ignoring all email sent to him, which is itself an example of the citywide implications of how thismatter has been handled. Indeed, because of the way it has been handled, this matter now has state and federal significance.

The failure to provide public access to the Uniform Sign Code, per the California Public Records Act and OMC �� 14.04.010.B, remains outstanding.

The violation of the First Amendment, which I described in my letter of 9 December 2013, has not been remotely addressed, let alone resolved. Permitting these signs in violation of the Constitution is, in the context of the history entailed, another iteration of the Citysacrificing adherence to the law in order to perpetuate their placement. More broadly, I remain concerned that this is another iteration in a pattern wherein the concerns of a regular citizen about lawful protection of community interests are treated by the power structure asless important than the commercial interests of privileged parties. Also, I am concerned that the City's casual approach to legal process leaves the individual citizen with the burden of researching and presenting law that protects community interests; I would really prefer tosee the City more proactive in defending community interests, or at least presuming that process is fundamental to good law.

I was pleased, with due caution, to finally see that rational enforcement was being effected in September. I thought it might be the dawn of a new era, after years in the murk. However, I was very much disappointed, though not entirely surprised, to see that display offunctionality undermined by a backroom deal to myopically legalize the same signs. I think we can do better. I still look forward to that.


Eric Neville


To: "Flynn, Rachel" <[email protected]>

Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, <[email protected]>, "American Civil Liberties Union of Northern California"<[email protected]>, "Alameda County Grand Jury" <[email protected]>, "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>,"Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Officeof the Mayor" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>,"Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "City Clerk" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Attachments: Oakland Sign Code 1977 Edition.pdf

Dear Director Flynn:

Sorry, I did miss that the electronic document (attached) that you sent on 19 December 2013 and identified as "Oakland Sign Code, 1977 Edition" apparently includes the Uniform Sign Code, copyright 1976. I should have looked more closely, acknowledgedreceipt, and refined my statement. I was confused by the disparity in title and date, and did not anticipate provision of an electronic copy of the Uniform Sign Code, given its age. Also, when the Office of the City Clerk failed to provided in-person access tothe Uniform Sign Code, further inquiry was referred to the City Attorney, so I was expecting progress on that front to come through her office. My apologies for the oversight.

Nonetheless, the matter of public access to the Uniform Sign Code remains outstanding. After all, I am not the only person with a right to access this law.

Also outstanding, as I previously described and as seen in the attached, the Uniform Sign Code classifies the signs in question as "ground signs", and prohibits their placement "over public property or beyond a legal setback." This prohibition is categorical,without regard to commercial or noncommercial speech, meaning that the City is permitting commercial speech in a traditional public forum while prohibiting noncommercial speech, a violation of the First Amendment.

Again, my apologies for the misunderstanding.


Eric Neville

At 11:35 AM -0800 2014.01.09, McElhaney, Lynette wrote:


Date: Thu, 9 Jan 2014 11:35:13 -0800

From: "McElhaney, Lynette" <[email protected]>

To: "Eric Neville" <[email protected]>



<[email protected]>, <[email protected]>,


"Alameda County Grand Jury" <[email protected]>,



"Jain, Kiran C" <[email protected]>,

"Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Mr. Neville,

Thank you again for your work to help us improve the delivery of public services. I believe Director Flynn's latest response satisfies your request for the information. As for the additional concerns that you have raised, I also believe that theDepartment has both investigated your complaints, imposed corrective action where warranted and declined to do so where the allegations have not be supported by the inspections.

The City of Oakland is a vast organization that is responsible for numerous areas of civic life and there is always a question of priority. The Mayor and Council have agreed on a set of priorities as detailed in the current budget. Economicdevelopment is one of the stated priorities with a goal to strengthen and improve support for existing and emerging businesses and business corridors. That being said, the best way for the City to consider any modifications to the current code isfor you to work with the merchants and residents in the area to identify the proposed changes.

You have the good fortune to be represented by Dan Kalb. CM Kalb is supported by a dedicated professional staff that is incredible at problem-solving. I encourage you to reach out to them and share discrete, concrete concerns andsuggestions. I know that they take these very seriously. And, be patient and respectful: systemic change seldom happens over night. I have found our staff to be extremely helpful and responsive but they are human and deserve to be treatedwith respect as they perform their duties on behalf of the public.

My colleagues and I are working very hard to help Oakland recover from the devastating impacts of a global financial crisis that led to the loss of city workers, and with them institutional knowledge as well as left us with a diminished capacity toperform. This is not only a problem for the City of Oakland but for all aspects of government which is, in the current political climate deprived of the resources necessary to effectively and efficiently serve the public. This larger issue of valuesand investment is something that we must all grapple with.

The truth of the matter is simply, government is asked to do more with far fewer resources than were given to leaders prior to the 80s. I had not thought about this deeply until being elected but it is our reality. Revenues are down, demand is upand like any other organization, we are all vested with the task of where to prioritize our time and how best to leverage scarce resources of the time and talent of our professional staff.

Thank you Director Flynn for your timely and respectful reply. I appreciate your leadership on this matter.

I hope this recent exchange addresses your concerns and that you will engage with your neighbors to leverage their expertise and insight as you all work to maintain the vitality of this critical corridor.

Kind regards, Lynette

________________________________________________________________________

Councilmember Lynette Gibson McElhaney

Representing the Heart & Soul of the Town

Oakland District 3 |1 Frank Ogawa Plaza, 2nd Floor | Oakland, CA 94612

P: <tel:%28510%29%20238-7003>(510) 238-7003 F: <tel:%28510%29%20238-6910>(510) 238-6910

For Scheduling: Contact Brigitte Cook <tel:%28510%29%20238-7245>(510) 238-7245 or [email protected]

At 11:01 AM -0800 2014.01.09, Flynn, Rachel wrote:

Subject: City Responses to Code Requests














tel:%28510%29%20238-7245

tel:%28510%29%20238-7245

tel:%28510%29%20238-7245

Date: Thu, 9 Jan 2014 11:01:56 -0800



"McElhaney, Lynette" <[email protected]>





























Eric, I must say that I am completely perplexed by your latest e-mail.

First, I disagree with your statement that the City has failed to provide all of the documentation you have requested. We have repeatedly sent you all of the documentation you have requested, most recently the official Oakland Sign Code, by theInternational Conference of Building Officials (ICBO), Copyright 1976. Once again, see attachments. In the first attachment, I have highlighted certain words on the cover of our sign code, which directly correlate with the words you used in your e-mail of 12-20-13 (see yellow highlighted line below of your e-mail). You requested the1976 copyrighted document by the ICBO. While the City's official sign code does not use the word "Uniform" Sign Code, it is still our official sign code entitled,"Oakland Sign Code". The one you have repeatedly requested and that we have repeatedly provided.

Second, you state that "no one is saying that I'm wrong in what I report, or that it doesn't matter." With all due respect, I believe that you are wrong in what you have reported, given that we have responded to your requests. In addition, what youreport matters, which again is why we have repeatedly responded to your e-mails. I have responded to you more than twelve times, offered to meet with you (which you have declined), directed City staff to conduct inspections and follow-upinspections, and required that all required permits be obtained for sidewalk signs.

I simply do not know what else I can do for you or Councilmember McElhaney can do for you (or any of the other individuals/agencies you have copied on your e-mails).

Sincerely, Rachel

Rachel Flynn AIA

Director l Department of Planning & Building l City of Oakland

510 . 238 . 2229


To: "Flynn, Rachel" <<mailto:[email protected]>[email protected]>

From: Eric Neville <<mailto:[email protected]>[email protected]>


Again, thank you for the gesture. The document that the City of Oakland has failed to provide access to is that declared legally adopted and publicly accessible in OMC �� 14.04.010.B: the Uniform Sign Code, published by the InternationalConference of Building Officials, Copyright 1976. It is analogous to the Uniform Building Code or the Uniform Fire Code and, unfortunately for accessibility, published separately from Oakland Municipal Code. Again, I am disappointed that the CityAttorney is demonstrating no awareness of nor interest in this matter, even for the benefit of another branch of Oakland government. This should be a concern to the rest of Oakland government.

Thank you for your assistance, Eric Neville

From: Eric Neville [mailto:<mailto:[email protected]>[email protected]]

Sent: Thursday, January 09, 2014 8:32 AM

To: McElhaney, Lynette

Cc: Melinda Haag; Kamala Harris; <mailto:[email protected]>[email protected]; <mailto:[email protected]>[email protected]; American Civil Liberties Union of Northern California; Alameda County GrandJury; Parker, Barbara; Lee, Heather; Jain, Kiran C; Kalb, Dan; Kernighan, Pat; Schaaf, Libby; Gallo, Noel; Brooks, Desley; Reid, Larry; Kaplan, Rebecca; Quan, Jean; Office of the Mayor; Ruby, Courtney; Santana, Deanna; City Administrator'sOffice; Sandercock, Deborah; Flynn, Rachel; Lin, Margaretta; Blackwell, Fred; Quesada, Bill; Campos, Rafael; City Clerk; Rockridge Community Planning Council; Piedmont Avenue Neighborhood Improvement League



Permit me to pose a question. I apprised the entirety of elected Oakland government that the public is being denied access to Oakland law, and also that the City is violating the United States Constitution, on top of years of governmentaldysfunction. However, only one elected official, yourself, has shown the slightest interest, and the issues remain completely unresolved. Whatever the reasons, isn't that remarkable, indeed unsettling?

I'll note that no one is saying that I'm wrong in what I report, or that it doesn't matter, which is a telling shadow cast by this neglect.


Eric Neville

<snip>

Emended 2014.01.21:

Attachment: Oakland Sign Code - Coversheet.pdf

Attachment: Oakland Sign Code 1977 Edition.pdf

Attachment: Uniform Sign Code Section 14.04.010.pdf"





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, <[email protected]>, "American Civil Liberties Union of Northern California"<[email protected]>, "Alameda County Grand Jury" <[email protected]>, "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>,"Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>,"Sandercock, Deborah" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill"

tel:510%20.%20238%20.%202229

<[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont AvenueNeighborhood Improvement League" <[email protected]>


Permit me to pose a question. I apprised the entirety of elected Oakland government that the public is being denied access to Oakland law, and also that the City is violating the United States Constitution, on top of years of governmentaldysfunction. However, only one elected official, yourself, has shown the slightest interest, and the issues remain completely unresolved. Whatever the reasons, isn't that remarkable, indeed unsettling?

I'll note that no one is saying that I'm wrong in what I report, or that it doesn't matter, which is a telling shadow cast by this neglect.


Eric Neville





Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, <[email protected]>, "American Civil Liberties Union of NorthernCalifornia" <[email protected]>, "Alameda County Grand Jury" <[email protected]>, "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain,Kiran C" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Santana, Deanna" <[email protected]>, "CityAdministrator's Office" <CityAdministrator'[email protected]>, "Sandercock, Deborah" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


As previously stated in my email of 9 December 2013, I am concerned that the City of Oakland is violating the First Amendment by restricting speech on the basis of content in the traditional public forum of the sidewalk. I attachedat that time relevant documents, including the Municipal Code Bulletin of 4 September 2013, which itself demonstrates content-based regulation of signs on the sidewalk. I would have hoped that the City Attorney could be reliedupon to inform other members of City government about these legal points, established by decisions of the Supreme Court and others, but if not, an individual can learn about them with a simple web search using terms such as"traditional public forum", "first amendment", "sidewalk", "signs", etc. Because this is a civil rights matter, and the City of Oakland has so often been so unresponsive over now six years and counting, I copied the local United StatesAttorney and American Civil Liberties Union.

Please note that the City of Oakland has not yet, by the actions of Planning Director Rachel Flynn or otherwise, provided access to the Uniform Sign Code, as the recent exchange on that point clarifies. As I related, OaklandMunicipal Code �� 14.04.010 describes adoption of the Uniform Sign Code, but is not itself the Uniform Sign Code. Because Oakland has been violating the California Public Records Act, such as by failing to provide public accessto the Uniform Sign Code, I copied the California Attorney General.

I request:

* Public access to the Uniform Sign Code, adopted by OMC �� 14.04.010.B

* That the City of Oakland not deliver to privileged parties preferential treatment, such as financial favors in the form of permit and fine discounts

* That the City of Oakland respect and respond to residents' communications

* That the City of Oakland fairly and consistently enforce the law, such as Municipal Code

* That the City of Oakland acknowledge and account for its actions, including the way they suppress public participation

* That the City of Oakland comply with federal, state, and its own law

Please note that these requests are as succinct as possible for a matter spanning six years and including: repeatedly neglecting communications, dodging direct questions, attempting to steer away from recorded exchange, pleadingbudget constraints while failing to pursue $1000 fines, falsely indicating difficulty in finding violations, falsely reporting abatement of violations (including to the City Attorney), falsely reporting the absence of records, failing to makedocuments available, stonewalling, systemic neglect, contempt for valid citizen concerns, a pattern of protecting commercial signs on the sidewalk by any means governmentally available, deeply discounted permitting for privilegedparties, a pattern of neglecting small problems so that they become bigger problems, a culture of dysfunction so endemic that the Alameda County Grand Jury was required to come in from the outside to begin to right it, as well asthe violation of federal, state, and local law.

This matter is manifold because the City of Oakland has made it so, and the significance goes well beyond this particular case because a reasonable person must wonder, looking at the endless shenanigans on display, how manyother stories are out there, such as those to be told by people who gave up on the City of Oakland after only a few phone calls and a few months. How is a regular person supposed to engage a city government like this?


Eric Neville

At 12:57 PM -0800 2014.01.02, McElhaney, Lynette wrote:


Date: Thu, 2 Jan 2014 12:57:20 -0800

From: "McElhaney, Lynette" <[email protected]>

Mr. Neville,

As indicated in the email string included below, I saw several responses to your inquiry from the Planning Director Rachel Flynn that included reference to the code and the steps the Department has taken with respectto your specific complaint. Perhaps it would be helpful for you to state clearly the specific questions or concerns that have you feel have not been addressed.

Director Flynn has on numerous occasions responded to the concerns you've raised. She has also provided you with the applicable codes. It is unclear what additional information you are requesting now that you haveaccess to the information. I am also not clear why you have included the ACLU, the State Attorney General and the Federal Attorney General in these inquiries. Without a clear, succinct question, I am not clear how wemight assist further.


_____________________________________________________________________________


Representing the Heart & Soul of the City

Oakland District 3 |1 Frank H. Ogawa Plaza, 2nd Floor | Oakland, CA 94612

Phone: <tel:%28510%29%20238-7003>(510) 238-7003 Fax: <tel:%28510%29%20238-6910>(510) 238-6910


To: "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C" <[email protected]>



Cc: Melinda Haag <[email protected]>, Kamala Harris <[email protected]>, [email protected], [email protected], American Civil LibertiesUnion of Northern California <[email protected]>, Alameda County Grand Jury <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>,"Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Sandercock, Deborah" <[email protected]>, "Flynn,Rachel" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


I apprised you of the City's violation of federal, state, and local law. I asked you if the City is now making its Code publicly available, as it should, by law and principle. I have not heard back from you onany of these issues. What I did receive from you is the unsolicited ingratiation email below. This behavior seems out of touch. As I have already stated, I am concerned by systemic dysfunction inOakland government, and its perpetuation by a culture of neglect. This latest schizophrenic action leaves me only more concerned.


Eric Neville

At 2:43 AM -0500 2013.12.31, Oakland City Attorney Barbara Parker wrote:

Date: Tue, 31 Dec 2013 02:43:09 -0500 (EST)

From: Oakland City Attorney Barbara Parker <[email protected]>


Subject: Happy Holidays from Oakland City Attorney's Office!

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Cc: "Melinda Haag" <[email protected]>, "Kamala Harris" <[email protected]>, <[email protected]>, <[email protected]>, "American Civil Liberties Union ofNorthern California" <[email protected]>, "Alameda County Grand Jury" <[email protected]>, "Becca Andrews" <[email protected]>, "Occupy Oakland MediaCommittee" <[email protected]>, "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf,Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Santana,Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Orologas, Alexandra" <[email protected]>, "Sandercock,Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>,"Campos, Rafael" <[email protected]>, "City Clerk" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue NeighborhoodImprovement League" <[email protected]>


Again, thank you for the gesture. The document that the City of Oakland has failed to provide access to is that declared legally adopted and publicly accessible in OMC �� 14.04.010.B: theUniform Sign Code, published by the International Conference of Building Officials, Copyright 1976. It is analogous to the Uniform Building Code or the Uniform Fire Code and, unfortunatelyfor accessibility, published separately from Oakland Municipal Code. Again, I am disappointed that the City Attorney is demonstrating no awareness of nor interest in this matter, even for thebenefit of another branch of Oakland government. This should be a concern to the rest of Oakland government.


Eric Neville



Date: Thu, 19 Dec 2013 12:36:06 -0800








"Becca Andrews" <[email protected]>,

"Occupy Oakland Media Committee" <[email protected]>,

"Orologas, Alexandra" <[email protected]>,









Eric, I believe this is the document you're looking for; Oakland Sign Code, 1977 Edition.

I'm going to be unavailable until December 30th. If you have any more questions, you can notify me then. Rachel

<snip>

Emended 2014.01.21

Attachment: Oakland Sign Code 1977 Edition.pdf




Subject: Re: Sidewalk signage legality

Cc: Melinda Haag <[email protected]>, Kamala Harris <[email protected]>, [email protected],[email protected], American Civil Liberties Union of Northern California <[email protected]>, Alameda County Grand Jury<[email protected]>, Becca Andrews <[email protected]>, Occupy Oakland Media Committee<[email protected]>, "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>,"Jain, Kiran C" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>,"Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>,"Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Orologas, Alexandra"<[email protected]>, "Sandercock, Deborah" <[email protected]>, "Lin, Margaretta" <[email protected]>,"Blackwell, Fred" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, City Clerk of Oakland <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


Thank you for your gesture to fulfill the City of Oakland's legal responsibility under State and Municipal law to provide access to the Uniform Sign Code. Unfortunately, what you provided is not the Uniform Sign Code. Rather, it is a Code section, OMC �� 14.04.010, that declares Oakland's adoption of the UniformSign Code, but that section of Code is not the document itself, as I would hope the City Attorney clearly understands. The Uniform Sign Code, published by theInternational Conference of Building Officials, is the document that the City of Oakland has failed to make available, and the corrected availability of which I inquireafter. I am disappointed that the City Attorney is not demonstrating appreciation of this point.

Beyond even the City's codified obligations to provide this document, this document is law, and the City's denial of public access to the law is a patent violation ofthe democratic concept. I am disappointed that all elected government is not demonstrating appreciation of this point.


Eric Neville

Date: Wed, 18 Dec 2013 10:25:19 -0800











"Becca Andrews" <[email protected]>,

"Occupy Oakland Media Committee" <[email protected]>,














"Orologas, Alexandra" <[email protected]>,









Attachment: Uniform Sign Code Section 14.04.010.pdf

Eric, In the e-mail I sent you on December 2, 2013, I attached the Uniform Sign Code, Section 14.04.010. I'm attaching it for you again. Let me know if this iswhat you're looking for.

Also, I'll have our inspector review the signs you list below, to see if they require Design Review approval. Thanks, Rachel


To: "Parker, Barbara" <[email protected]>, "Lee, Heather" <[email protected]>,"Jain, Kiran C" <[email protected]>

Cc: Melinda Haag <[email protected]>, Kamala Harris <[email protected]>,[email protected], [email protected], American Civil Liberties Union of Northern California<[email protected]>, Alameda County Grand Jury <[email protected]>, Becca Andrews<[email protected]>, Occupy Oakland Media Committee <[email protected]>,"Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney,Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Orologas, Alexandra" <[email protected]>,"Sandercock, Deborah" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lin,Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Quesada, Bill"<[email protected]>, "Campos, Rafael" <[email protected]>, City Clerk of Oakland<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "PiedmontAvenue Neighborhood Improvement League" <[email protected]>


I previously provided evidence that the City of Oakland is violating the First Amendment, and copied your office. Please note that signswere observed on the sidewalk at the following locations, evidently exploiting the encroachment permit that creates the content-basedrestriction on speech that violates Constitutional protection of the traditional public forum.




Are any of these newly permitted signs in compliance with OMC �� 17.104.020.A, which requires Design Review approval? If not,have any been cited? If not, why not?

I also reported violation of State and City law in consequence of the City's failure to provide public access to the Uniform Sign Code, adocument officially adopted into Oakland Municipal Code under Title 14, cited by the City in its foundation for the encroachment permit. If the City is now making this document available for public inspection, as required, please advise.


Eric Neville


To: "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>,"McElhaney, Lynette" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>



Cc: Melinda Haag <[email protected]>, Kamala Harris <[email protected]>,[email protected], [email protected], American Civil Liberties Union ofNorthern California <[email protected]>, Alameda County Grand Jury<[email protected]>, Thelton Henderson <[email protected]>, Matthew Artz<[email protected]>, Robert Gammon <[email protected]>,Chip Johnson <[email protected]>, Occupy Oakland Media Committee<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Parker, Barbara" <[email protected]>,"Ruby, Courtney" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Orologas, Alexandra" <[email protected]>, "Sandercock,Deborah" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lee,Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>,"Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Campos, Rafael"<[email protected]>, "Jain, Kiran C" <[email protected]>,[email protected], "Rockridge Community Planning Council" <[email protected]>,"Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Attachments: Encr Agmt Rockridge BID ENMI13120 .pdf: Std Detail - Sandwich Board Signs .pdf: MCB -- SidewalkSigns.pdf:

Dear Oakland City Council:

I am concerned that, as reflected in the attached documents, the City of Oakland is violating the First Amendment by nowallowing via special permitting certain commercial ground signs on the traditional public forum of the sidewalk whilecontinuing to prohibit other signs (including noncommercial signs) via existing Oakland Municipal Code Title 14, whichadopts the Uniform Sign Code, thus unconstitutionally restricting speech based on content. Additionally, the City ofOakland is violating the California Public Records Act (California Government Code �� 6250 et seq.), as well as its ownOakland Municipal Code �� 14.04.010, by failing to provide public access to the Uniform Sign Code. These violations fallon the heels of six years of nonfeasance, misfeasance, and malfeasance documented herein and manifested variously inwillful neglect of valid communications, dodging of direct inquiry, avoidance of recorded communication, false statementsabout difficulty in finding reported Code violations, false statements about the abatement of Code violations, additionalviolations of the California Public Records Act including false declaration of the absence of records, and neglect ofacknowledgement or consequences for such actions.

I am further concerned that this is also just the latest in a series of feeble and myopic interpretations of law and publicpolicy on this matter, from the failure to appreciate in 2008 that a lack of enforcement would lead to an increase inviolations, to executive disregard for the City Attorney being grossly misled by Code Enforcement in September 2009, tothe abortive proposal to offer a blanket permit under OMC ��12.080.050 in Janurary 2010, to the government-widedisregard for the months' long dereliction of duty by an Assistant City Administrator at the beginning of 2013, to this mostrecent action which violates the Uniform Sign Code's limits on ground signs, thus setting up violation of the Constitution'slong-established protection of speech in the traditional public fora.

I am further concerned that the history of selective action and negligence shows executive government in Oaklandrepeatedly acting as if it uniquely possesses superior understanding of the public good, holds a belief that that public goodincludes commercial signs on the sidewalk, and is willing to engage any ploy available to advance that cause, withoutregard to law, due process, or the public trust. The attached Municipal Code Bulletin of 4 September is exemplary in thatmany staff took the time to come together behind the scenes in the wake of five years of embarrassing willfully neglectedenforcement to lay groundwork for a permit that would negate the belated enforcement, attempting such via tunnel-visionedand frivolously accommodating legal logic never before deemed worth even entertaining, and the City informed thisconcerned citizen only months later, as part of a fait accompli.

I am further concerned that this behavior serves to provide financial favor to a politically favored group. Would the commoncitizen receive five years of shielding against enforcement, without a single penalty fee collected? This blanket permitcovers scores of known signs, with many more allowed under its protection, at a permit cost ($1,774.54) barely above thatof an individual permit ($1,133.73), with the banner permit apparently thrown in gratis. Would the common citizen receivesuch a discount from the City on a permit? Even if they also had occasion to request multiple permits? I have alreadyseen ground signs placed on the sidewalk since issuance of the permit; have any been approved by design review, perOMC �� 17.104.020.A? Has the City enforced against signs that have not been approved? Would the common citizenwith a history of persistent violation be given a pass if they were to commence a second round of actively violating Codeon a daily basis?

I am further concerned, as I have stated many times already, that this history exposes an endemic culture downtown, andthat the systemic disdain for the public withers democratic participation, and thus the vitality of the body politic. Thefrequency of dismissive and neglectful action by the City documented in this case leaves a reasonable person to wonderhow many other residents simply gave up trying to engage the City on matters in their communities, particularly in typicalcases where perhaps a single phone call was made and for which no records exist to audit. The only ray of light wasforced in from the outside, by the 2010-2011 Alameda County Grand Jury.

In sum, the exercise of authority on this matter has been regularly illegal, ill-conceived, contemptuous, favoritistic, andindicative of systemic dysfunction. It is a shame to democracy.

With grave concern,

Eric Neville


Subject: Sidewalk signage legality

Date: Wed, 4 Dec 2013 11:07:28 -0800



Cc: "Santana, Deanna" <[email protected]>,

"Orologas, Alexandra" <[email protected]>

Attachment: Std Detail - Sandwich Board Signs .pdf

Hi Eric, Here are the answers to the last three questions you asked. Hope this helps. Thanks, Rachel

How much have previous permits for banners alone cost?

Banner permits are based on the number of permits however the fee is not linear. For example: one bannerwould be about $200; 4 banners are about $207; 9 banners are about $208; and 15 banners are about $222.

What is the normal cost of an individual sidewalk encroachment permit?

For commercial areas the fee is $1,133.73 where the permitee is the owner of the abutting property and nobond is required. If the permitee is not the owner, then a $300.00 bond must be paid, plus a $340.81processing fee for that bond.

The only language in this permit addressing the actual specifics governing the nature of portable signageappears to be a single sentence at the end of the permit which refers to a "City of Oakland Standard Detailfor Sandwich Board Signs"; what is this document? Please provide an electronic copy.

Please see attached.

<snip>



Date: Mon, 2 Dec 2013 20:48:24 -0800



Cc: "Santana, Deanna" <[email protected]>,

"Orologas, Alexandra" <[email protected]>

Attachment: MCB -- Sidewalk Signs 1.pdf

Hi Eric, My apologies for taking so long to get back to you regarding your questions on the Rockridgesidewalk signs. I have answers to some of your questions in RED below, but need to check with staff onothers. I'll get those to you this week. Thanks, Rachel

From: Eric Neville [mailto:<mailto:[email protected]>[email protected]]

Sent: Monday, December 02, 2013 9:21 AM

To: Santana, Deanna; City Administrator's Office

Is this permit intended to legalize the placing of the same signs that has previously been a violation of Code?

After I received your inquiries over the last several months, regarding business signs in the public right-of-way (ROW), I met with various City staff (zoning officials, planners, engineers, the City Attorney's Office,etc.). We researched the Oakland Municipal Code (OMC) to determine what is permitted and prohibited. Ourresearch and analysis led to our conclusion that the OMC permits business signs in the public ROW, so longas a Minor Encroachment Permit is obtained. The Permit may be obtained by an individual business owner oran entity, such as a Business Improvement District (BID), that represents a group of businesses. Theconclusions of our research and analysis are summarized in the attached Municipal Code Bulletin, datedSeptember 4, 2013, entitled Authorization of Sandwich Board Signs Under Minor Encroachment Permits.

It is my understanding that you were informed in the past that business signs in public ROW are not allowed.However, our recent review and analysis of the OMC in 2013 led us to the conclusions in the September 4,2013 Municipal Code Bulletin.

Why create a special permit in this case, rather than address Code itself?

The Code allows the issuance of a Minor Encroachment Permit, which is not a "special permit".

Why was I not informed of the consideration of this permit and given an opportunity to comment?

After I met with staff and the Rockridge District Association BID on October 7th, I asked staff to notify mewhen Rockridge filed their application for a Minor Encroachment Permit.

Rockridge submitted their signed/notarized application sometime after October 30th, however, staffinadvertently failed to notify me. I was made aware of the submittal on November 6th, when the Permit wasapproved. I apologize for this oversight. However, just to let you know, we do not ask for public comments onMinor Encroachment Permits or Building Permits. There is no public notification or hearing process for MinorEncroachment Permits, only for Major Encroachment Permits. While the public is always free to comment onany public transactions, I am not aware of any bearing this would have on Minor Encroachment Permitapplications - assuming the applicant submitted all of the required documentation and met all of the requiredcriteria for issuance of the Permit.

This permit affects a mile of double street frontage, and seemingly does so in a fashion that sets a precedentfor the entire city; what community groups were included or excluded from the deliberation process, andwhy?

As mentioned above, there is no public hearing (or deliberation) process for the approval of a MinorEncroachment Permit. Banners and portable signs in the public ROW are permitted uses under a MinorEncroachment Permit. There are only public hearing processes for Major Encroachment Permits.

What public noticing was made?

As mentioned above, there is no public noticing process. Municipal Code Bulletins, such as the one we wrote(attached), are kept on file in our offices and are available to the public upon request.

Why was novel permitting for sidewalk signage encroachment by individual establishments incorporated intopermitting for the very different and existing activity of community banners on light poles?

Applicants may apply for multiple approvals in a Minor Encroachment Permit application. In this case,Rockridge asked for approval of banners on City light poles and for portable signs. Other BIDS have askedfor approval of flower baskets in addition to banners, for example, in the same Permit application.

How much did this permit cost?

The permit cost $1,774.54.


I will check with staff on this.


I will check with staff on this.


I will obtain this document from staff.

<snip>


To: "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>



Cc: Kamala Harris <[email protected]>, [email protected],[email protected], "Orologas, Alexandra" <[email protected]>,"Sandercock, Deborah" <[email protected]>, "Flynn, Rachel"<[email protected]>, "Lee, Heather" <[email protected]>,"Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb,Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>,"Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Campos, Rafael" <[email protected]>,"Jain, Kiran C" <[email protected]>, [email protected],"Rockridge Community Planning Council" <[email protected]>, "PiedmontAvenue Neighborhood Improvement League" <[email protected]>

Dear City Administrator Santana:

I am concerned that the City of Oakland is in violation of the California Public Records Act, as I requestedinformation and documents more than two weeks ago, on 13 November as recorded herein, but havereceived none. I am further concerned that this nonfeasance is but the latest episode in a years' longcampaign by executive government in the City of Oakland, documented herein, to advance commercialspecial interests without regard to due process or the rights of the common citizen. It is a matter that hasstretched to six years and been characterized by willful neglect of valid communications, dodging of directinquiry, avoidance of recorded communication, materially false statements, false statements about thepresence of records, and neglect of consequences for such actions. The only progress on this matter seemsto have been consequent, belatedly, to investigation by the 2010-2011 Alameda County Grand Jury. As Ihave repeatedly stated, my concerns have elevated well beyond the precipitating violations of Code to theendemic culture of dysfunction exposed and the injustice that it effects, injustice which must reach wellbeyond this matter.

With respect to my inquiry about the blanket encroachment permit specifically, I do not see why I wasadvised to expect information from Deputy Director Rachel Flynn when Deputy Director Deborah Sandercocksigned the permit herself, and thus would seem the direct authority. I must observe that ultimateadministrative responsibility for proper handling of this matter lies with yourself, as City Administrator, andthat you have been personally apprised of this matter since your assumption of office in August 2011. I amconcerned about the lack of organization and accountability under your management, such as knowinglyallowing Assistant City Administrator Fred Blackwell to ignore eight emails over three months without anyevident consequence, and that such lack of organization and accountability has been integral to screening thepassive aggressive perpetration of concealed insider interests in breach of the public trust.

I repeat my previous inquiry:

This permit affects a mile of double street frontage, and seemingly does so in a fashion that sets a precedentfor the entire city; what community groups were included or excluded from the deliberation process, andwhy?

What public noticing was made?

Why was novel permitting for sidewalk signage encroachment by individual establishments incorporated intopermitting for the very different and existing activity of community banners on light poles?






Eric Neville

At 3:37 PM -0800 2013.11.25, Orologas, Alexandra wrote:


Date: Mon, 25 Nov 2013 15:37:19 -0800

From: "Orologas, Alexandra" <[email protected]>




"Flynn, Rachel" <[email protected]>

Cc: "Sandercock, Deborah" <[email protected]>,





"Casteel-Brown, Gia" <[email protected]>,

<[email protected]>

Good Afternoon Eric,

Rachel Flynn, the City's Planning Director, will follow up directly with you.

Kind Regards,

Alexandra

Alexandra Orologas

Chief of Staff

Office of the City Administrator, City of Oakland

1 Frank H. Ogawa Plaza, 3rd Floor

Oakland, CA 94612

Telephone: <tel:%28510%29%20238-6587>(510) 238-6587

Email: <mailto:[email protected]> [email protected]


To: "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>



Cc: "Sandercock, Deborah Ann" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown,Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of theMayor" <[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge CommunityPlanning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


I have seen no response to my inquiry or follow-up. Please advise.

I look forward to your assistance,Eric Neville















tel:%28510%29%20238-6587

tel:%28510%29%20238-6587

tel:%28510%29%20238-6587

Cc: "Sandercock, Deborah Ann" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>,"Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>,"Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


I have seen no response to my inquiry. Please advise.


Eric Neville





Cc: "Sandercock, Deborah Ann" <[email protected]>, "Flynn, Rachel" <[email protected]>, "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney,Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania,Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue NeighborhoodImprovement League" <[email protected]>

Attachments: Encr Agmt Rockridge BID ENMI13120 .pdf


I am disappointed that your administration did not see fit to inform me of the consideration of the attached blanket encroachment permit for signs on the sidewalk along College Avenue, a permit obviously material to the matter pursued in this email thread and on which Iwould have a reasonable expectation of input, a matter I have pursued over some 6 years and 100 emails, the pursuit of which exposed willful misconduct under the City Administrator and willful neglect under your authority specifically, and on which the City Administrator'soffice was first addressed on 18 August 2009 (and copied since), and on which yourself particularly were first addressed on 8 August 2011 (and copied since), approximately the time of your assumption of office. When people complain about the lack of participation in ourdemocracy, including the dismal turnout at elections, may they know that disregard for citizen involvement such as this is at its foundation. Democracy in Oakland will continue to be undermined until such behavior is remedied.




This permit affects a mile of double street frontage, and seemingly does so in a fashion that sets a precedent for the entire city; what community groups were included or excluded from the deliberation process, and why? What public noticing was made?

Why was novel permitting for sidewalk signage encroachment by individual establishments incorporated into permitting for the very different and existing activity of community banners on light poles?

The only language in this permit addressing the actual specifics governing the nature of portable signage appears to be a single sentence at the end of the permit which refers to a "City of Oakland Standard Detail for Sandwich Board Signs"; what is this document? Pleaseprovide an electronic copy.


Eric Neville





Cc: "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo,Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of theMayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>,"Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community PlanningCouncil" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


Thank you for this information and your thoughtfulness in sending it. I have passed it along to interested parties. A healthy democracy requires an informed citizenry.

I do not understand why the City Administrator, who has been included in this email thread for the duration of her office, did not see fit to have the branch of government handling the permit inform me of its application.


Eric Neville


Subject: Encroachment Agreement - Rockridge BID

Date: Sun, 10 Nov 2013 16:27:58 -0800


Hi Eric - Here is the Encroachment Agreement (dated 11/6/13) between the City of Oakland and the Rockridge District Association BID for:

1) banners and 2) signs in the public ROW. Please let me know if you have any questions. Thanks, Rachel

Rachel Flynn, AIA

Director l Department of Planning + Building l City of Oakland

filename="Encr Agmt Rockridge BID ENMI13120 .pdf"

Cc: "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>,"Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan,Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>,"Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


Attachments received. Thank you very much.

Sincerely,

Eric Neville


Subject: College Avenue Signs in ROW -- Reports by Inspector

Date: Tue, 8 Oct 2013 21:00:40 -0700



Eric -- Attached are the reports created for each property with a sign violation. Rachel

Rachel Flynn, AIA


Attachment: COLLEGE AVE 2013 073013 [Read-Only].pdf


Subject: FW: College Avenue signs

Date: Tue, 8 Oct 2013 20:58:20 -0700



Eric - Sorry for my delay in getting back to you. I've just been swamped this past week. Anyway, here are the inspections summary reports, the NOV's issued, and the attachments that were sent with each NOV (Notice of Violation).

It turns out that the Rockridge Business District has not filed for an encroachment permit yet. They contacted staff about it and staff created a project number on September 13th. Once they submit an application, I'll forward it to you.

Thanks, Rachel


Sent: Thursday, September 26, 2013 9:03 AM

To: Flynn, Rachel

Cc: Sandercock, Deborah; Low, Tim; Hutcher, Jeff

Subject: RE: College Avenue signs

Good day,

On Wednesday September 25th there was a follow up inspection for all properties/businesses along College Ave with prior violations for business signs in the public right of way. All signs within the public right of way have beenremoved and therefore the complaints have been abated. Attached you will find a spreadsheet reflecting the inspection results, notices and status for each complaint.

Rafael

From: Flynn, Rachel

Sent: Wednesday, September 25, 2013 7:49 PM

To: Campos, Rafael

Cc: Sandercock, Deborah

Subject: College Avenue signs

Hi Rafael - I believe that it has been at least 30 days since you inspected the signs on College Avenue. Could you please follow up with your re-inspections? Thanks, Rachel

Rachel Flynn, AIA


Attachment: COLLEGE 092513.xlsx

Attachment: College Ave Activity Report - 08-2013.pdf

Attachment: College Ave NOVs issued 08-2013.pdf

Attachment: College Ave NOV Attachments - 08-2013.pdf


To: "Flynn, Rachel" <[email protected]>, "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia"<[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos,Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>



Cc:

To the People,

I have sensed in some quarters an attitude that expecting enforcement in this case is exceptional behavior, rather than that violation is the exceptional behavior. If someone sees enforcement in this case as inappropriate, if they think publicpolicy should be different, then they should say so publicly. We have a right to know publicly the rules of government action, and to see those rules executed in a predictable, fair, and consistent manner. We can and should expect better thanbackroom reinterpretations of law, be it Oakland Municipal Code or the United States Constitution. On the one hand, people have a right to do without penalty of law what they observe others regularly doing without penalty of law. On the other,they have a right to expect enforcement against violators when they conform themselves to the law. If you examine the history of these emails, you'll see that the first step was inquiring what the rules are.

In the case of signs on the sidewalk, those who observe signs regularly placed on the sidewalk without penalty have a right to anticipate that if they invest money and labor in a sign that they, too, will be allowed to place a sign on the sidewalk. Alternatively, a merchant that does not place a sign on the sidewalk because the law prohibits it under threat of burdensome fine has the right to see enforcement against violators so that they are not competing under a handicap. The law andgovernment action must be in accord.

For those who think that such a matter is trivial, and unworthy of attention, where will due process be when you call on it? Martin Niem��ller warned that "First they came..." against others, whose welfare you dismiss at your peril. Or, as aparallel to John Donne's observation that no one is an island, ask not for whose rights the bell tolls, it tolls for yours. Or, as Martin Luther King, Jr. pointedly noted, injustice anywhere is a threat to justice everywhere.

Earnestly,

Eric Neville





Cc: "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana,Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "RockridgeCommunity Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


Please provide both the individual inspection reports and the summary.

Please provide the permits applied for, and the window for public comment.

Please do clarify the law on business versus advertising signage. Oakland has adopted the Universal Sign Code, however this code is not accessible online. While I appreciate that it is available for inspectiondowntown, study and understanding is not practical from afar.

Thank you,

Eric Neville



Date: Mon, 30 Sep 2013 17:34:58 -0700



Eric - Thanks for your kind words.

You mentioned below that you look forward to receiving the full inspection report. Did you want me to send you a copy of every violation notice (I think there were around 45) or did you just want to see asummary sheet of addresses and dates of inspections with results?

Also, the Rockridge District Association applied for a Minor Encroachment permit on September 13th for banners and signs in the right of way. It hasn't been approved yet as it's going through CityEngineering and City Attorney approval. Business signs are permitted in City ROW, but only with a Minor Encroachment Permit - through an individual business or as a group through a BusinessImprovement District (BID). Just to clarify for you, business signs are permitted in the City ROW (with encroachment permit), but advertising signs are not. There is a distinction in the code. Let me know ifyou need more information.

Thanks, Rachel

Cc: "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia"<[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>,"McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of theMayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>,"Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont AvenueNeighborhood Improvement League" <[email protected]>


Thank you for the summary, and for your efforts generally.

I do have concerns that informing violators beforehand of the timing of an inspection could distort the true picture of compliance, as well as undercut defraying revenue, so it will be interesting to see howcompliance abides as time progresses.

I look forward to receiving the full inspection report and information on permit applications.

I appreciate your work,

Eric Neville



Date: Thu, 26 Sep 2013 18:02:36 -0700



Cc: "Lee, Heather" <[email protected]>,

"Derania, Ray" <[email protected]>,





Eric - The inspector performed his final follow-up inspections yesterday afternoon, September 25th, and none of the signs he cited in August were in violation. They had all beenremoved. Therefore, no penalties were issued.

Let me check on the status of any encroachment permits filed and get back to you on that. Thanks, Rachel

Rachel Flynn, AIA






Cc: "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>,"Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray"<[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "RockridgeCommunity Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


Many signs have been removed from the right-of-way. Some for the first time in years. This is an important step towards restoring the rule of law, as well as credibility of thedepartment, and of the City broadly.

Many signs continue to be placed in violation, however. What is the status of enforcement progress? Have any penalties been issued? Please provide associated reports.

Also, have any encroachment permits been filed for? What are the terms? Please apprise me of developments in this regard.


Eric Neville





Cc: "Lee, Heather" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"

<[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney,Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>,"Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>,"Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker,Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray"<[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>

Attachments: 596660_1.pdf


Thank you.

I was informed that Inspector Rafael Campos is the inspector for this case. Please update me if otherwise. Please note that, as reflected in the record ofcommunication, the following City personnel received these photographs on 29 September 2009, and Inspector Campos was one of those:


"Russo, John" <[email protected]>

"Parker, Barbara" <[email protected]>

"Laden, Vicki" <[email protected]>

"Lee, Heather" <[email protected]>

"Brunner, Jane" <[email protected]>

"Kim, Nila" <[email protected]>

"Dellums, Ronald V" <[email protected]>

"Lindheim, Dan" <[email protected]>

"Derania, Ray" <[email protected]>

"Renwick $Holloway$, Antoinette" <[email protected]>

"Lewis, Chris" <[email protected]>

"Campos, Rafael" <[email protected]>

"Calabrese, Christine" <[email protected]>

Please also note that, as indicated in the attached letter (596660_1.pdf ) from Deputy City Attorney Kiran C. Jain, the City Attorney's office was at that timeevidently also falsely informed by Code Enforcement that these violations were abated, a behavior that could present a legal land mine for the City. Please beadvised, however, that despite being informed of this fact and receiving these photographs as proof, the City Attorney's office never demonstrated any concernabout this deception nor followed up in any form of which I am aware.


Eric Neville


Subject: Rockridge sidewalk signs

Date: Mon, 8 Jul 2013 17:48:29 -0700



Cc: "Lee, Heather" <[email protected]>,

Eric, I understand your concerns about repeatedly reporting sidewalk signs without permits - and getting no enforcement response. Iwill speak with the inspector who performed the original inspections in 2008 and 2009 - and have him re-inspect your February 2013 listof signs no later than next week. My guess is that it will take him 2-3 days to inspect, document, and issue the Notifications ofViolations (NOV's). We will keep you apprised of the outcomes and hopefully you will notice a difference yourself. Thanks, Rachel

Rachel Flynn, AIA


From: Eric Neville [mailto:[email protected]]

Sent: Wednesday, July 03, 2013 9:37 AM

To: Flynn, Rachel

Cc: Lee, Heather; Lin, Margaretta; Blackwell, Fred; Casteel-Brown, Gia; Quesada, Bill; Kalb, Dan; Kernighan, Pat; McElhaney, Lynette;Schaaf, Libby; Gallo, Noel; Brooks, Desley; Reid, Larry; Kaplan, Rebecca; Quan, Jean; Office of the Mayor; Santana, Deanna; CityAdministrator's Office; Parker, Barbara; Ruby, Courtney; Derania, Ray; Campos, Rafael; Jain, Kiran C; Rockridge Community PlanningCouncil; Piedmont Avenue Neighborhood Improvement League



I am concerned that you would recite debunked assertions of abatement of these signs when you have <snip>





Cc: "Lee, Heather" <[email protected]>, "Lin, Margaretta"<[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown,Gia" <[email protected]>, "Quesada, Bill" <[email protected]>,"Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>,"McElhaney, Lynette" <[email protected]>, "Schaaf, Libby"

<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Santana, Deanna" <[email protected]>,"City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania,Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain,Kiran C" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>

X-Attachments: Signage Pictures: Rockridge Signs 06-14-13.pdf:


I am concerned that you would recite debunked assertions of abatement of these signs when you have not only beeninformed that the signs were, in fact, not abated at that time, but additionally witnessed for yourself their persistence to thisday. I have attached the photographs from 2009 confirming the lack of abatement at that time, photographs provided tothe City at that time, photographs that I advised you of in my very first email to you. If you would still hold that the signswere abated at that time, perhaps you would explain why you referenced an encroachment permit proposal that wasadvanced only after these violations were supposedly abated and these refuting photographs submitted.

I am also concerned that you see fit to recite the stonewalling by former Chief Ray Derania - stonewalling that I myselfreferenced and provided to you in my first email - as a response any more valid to follow-up inquiry now than it was then,as Chief Derania's veracity has already been impeached by documentation included herein, and your notification of whichis also included herein. These violations were no more abated at the time of Chief Derania's email than they are now, andanyone concerned about the actual functionality of the department should be as concerned now by reliance on suchdiscredited statements as they should have been then. I suggest that you ask staff asserting abatement in 2009 toreconcile the "significant contradictions" between their statements and the documentation available, as here, which includesrepeated reporting of lack of abatement since. The proof of persistence of these violations, then and since, is available foranyone with an iota of interest in the facts.

Regarding such false statements, I must repeat - for the fourth time - what is perhaps the most important question: whydo the described and documented departmental dysfunctions and malfeasances remain unacknowledged andunaddressed? They obviously remain problematic to this day.

Please note that, as described, the implemented encroachment permits referenced do not include permission foradvertising, which is what these signs are. Please provide the text of these permits if otherwise.

Please also note that Oakland Municipal Code ��17.104.020.J.3 prohibits freestanding signs on private property, as avestibule.

I observe that even your admittedly casual - and, I note, incomplete - inspection (attached) found 19 signs violating theright-of-way. Per the $2,045 per violation fine, that's $38,855 in potential revenue for the City. Failure to pursue such asum would not be fiscally responsible. Additionally, failure to enforce against these violations would not be civicallyresponsible in light of already five years of willful neglect, compounded by documented departmental misrepresentationeffecting a cover-up. I suggest that Code Enforcement's credibility rests substantially on its response to this case, from theperspectives of both violators and those who care about government accountability.

Furthermore, for those who care about government accountability, I would point out the absolutely absurd difficultyevidently required to solicit a response by Oakland to even facts so obvious, and well-documented, that they literally sit inplain view on the street for all to see. Nearly 100 emails sent in over more than 5 years to no effect? This is, indeed, asad state of affairs for both the rule of law and a city that can ill afford to indulge dysfunction, let alone malfeasance. Areflective individual must wonder how many other good faith efforts by citizens have fallen into the black hole of Oakland'sarbitrary Code Enforcement practices, even after a Grand Jury report that should have blown the lid off endemic abuse.


Eric Neville


Subject: Rockridge Signs

Date: Tue, 2 Jul 2013 16:17:24 -0700

Cc: "Lin, Margaretta" <[email protected]>,























"Lee, Heather" <[email protected]>

Eric - Thanks for your e-mail. Here are answers to your questions from your June 25th e-mail.

Regarding my inspection on June 14, 2013, I drove the College Avenue corridor to get a sense of the magnitude andnature of your sign complaints - through a "windshield inspection" from my car. My field notes are on the attached list.

In regards to master encroachment permits, both the Downtown Oakland Community Benefit District (CBD) and the LakeMerritt Uptown CBD obtained master encroachment permits for banners, trashcans, hanging plants, painting of theelectrical boxes, etc.

Regarding fines, you may recall the Building Official's e-mail to you in 2009 (see below). Staff has informed me that all ofthe violations cited in 2008 and 2009 were abated. Therefore, no fees were charged. The current fine schedule for eachunabated violation is $2,045.

From: Eric Neville [<mailto:[email protected]>mailto:[email protected]]

Sent: Wednesday, September 16, 2009 8:39 AM

To: Derania, Ray

Cc: Lindheim, Dan; Renwick (Holloway), Antoinette; Lewis, Chris; Campos, Rafael; Russo, John; Brunner, Jane; Kim, Nila


Dear Chief Derania:

I referred to your email of September 3, as per direction of your email of September 10, however I did not find the answersto questions in my last email to you. Specifically:

* Why have no fines been collected despite the City having confirmed dozens of violations, many of which have beenongoing since 2007?

Abating violations within the time prescribed in our notices obviates the assessment of fees.

* Are repeat violations not immediately assessed a fee of $953?


* Have inspections not found repeat violations?


* What became of the fees for which billing was in process in January?


* What were the results of the August 12 inspection, including locations?

Violations were abated.

We await your assemblage of interested parties for our next interaction.

You asked for statistics regarding response rate per violation reported, but we have not developed these statistics. However, you are free to view our records of violations reported.

You asked for the average number of years between report of a violation and inspection, from verification to abatement,and from failure to abate to assessment of fine. We have not developed these averages either. Again, you are free toreview our records regarding violations, inspections, abatements, and assessed fines.

You asked for departmental statistics showing the response rate per violation reported, including totals and the fractionrelated to health and safety. We have not developed these statistics either. Again, you are free to review our recordsregarding responses to violations.

You asked if we informed City Council and budgetary authority about our lack of enforcement of all code violations notimpacting health and safety. Yes we did and in response they provided our department with four (4) new combinationinspectors in the upcoming fiscal years (2013-2014 and 2014-2015). We hope to have new inspectors hired within thenext six months.

I hope these responses are helpful to you. Thanks, Rachel

Rachel Flynn, AIA


From: Eric Neville [<mailto:[email protected]>mailto:[email protected]]

Sent: Tuesday, June 25, 2013 10:07 AM

To: Flynn, Rachel

Cc: Lin, Margaretta; Blackwell, Fred; Casteel-Brown, Gia; Quesada, Bill; Kalb, Dan; Kernighan, Pat; McElhaney, Lynette;Schaaf, Libby; Gallo, Noel; Brooks, Desley; Reid, Larry; Kaplan, Rebecca; Quan, Jean; Office of the Mayor; Santana,Deanna; City Administrator's Office; Parker, Barbara; Ruby, Courtney; Derania, Ray; Campos, Rafael; Jain, Kiran C;Rockridge Community Planning Council; Piedmont Avenue Neighborhood Improvement League



I am pleased to hear that you were able to inspect these violations. Did you inspect all of them? Since

<snip>

Cc: "Lin, Margaretta" <[email protected]>, "Blackwell, Fred"<[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb,Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>,"Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney"<[email protected]>, "Derania, Ray" <[email protected]>,"Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>


What is the status of enforcement proceedings against the violations verified on 14 June?


Eric Neville





Cc: "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>,"Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


I am pleased to hear that you were able to inspect these violations. Did you inspect all of them? Since you present a breakdown by type as representational, I assume that you at least inspected many of them. Also, since departmental time is so limited, I assume that while you were on site youassessed the violations according to code and created a report, thus laying a foundation for the collection of fines. Please provide the this report.

I particularly look forward to seeing the specific locations at which you did and did not verify a right-of-way encroachment. Please note that in every location I reported, I observed a sign in the right-of-way, and I stand by my reporting. Obviously, you would allow as how a person who had witnessedyears of willful negligence and a damning Grand Jury finding might otherwise be concerned that the informal characterization presented was misleadingly minimizing in an effort to cover up long-standing, ongoing, and systemic dysfunction and abuse. And an inspection report could clear this up. I'llnote that past inspection reports verified violations at all but a handful of the locations I reported, and even found one or two that I hadn't.

As to your question of whether I support a neighborhood-wide encroachment permit, I do not. Looking ahead, I am concerned about precedent, and the inevitable increase in signage as a result. I do, however, support proper handling of this matter according to process. Also, I am unacquaintedwith the downtown encroachment permit to which you refer. Please direct me to it. I'm also baffled by the logic of willfully neglecting enforcement for years and then, because violation is rampant, suggesting permitting the behavior. May I suggest, by contrast, that actually enforcing the rules andissuing fines would have a multiplying effect on conformance.

As to the concern that each complaint requires much labor in response, I'm sure you therefore appreciate the opportunity to verify in a single visit dozens of violations that are, on average, less than 250 feet apart. I believe this might be called a "target rich environment". Also, many of theselocations will have already had the steps 1-3 that you identify completed. On the topic of fiscal responsibility, so that we can gauge return per inspection, what is the current fine schedule for each violation? About $1500 per violation was the last number I was told. That'd aggregate to some$75,000. That seems like a lot to leave on the street.

I admit I'm surprised and disappointed to hear that you believe that violations that have been persisting for more than five years are not a priority for staff. What is the average number of years between report of a violation and inspection? And from verification to abatement? And from failure toabate to assessment of fine? Is it normal to avoid reinspecting locations at which violations have already been verified?

As to health and safety issues, am I to understand that all code violations not impacting such are uniformly no longer enforced in the City? That, save these issues, code enforcement in Oakland is completely dysfunctional? This would be revelatory, and would seem relevant to all Oaklanders. Let'sget the news out! Please tell me how I could help in publicizing this. We could put this case front and center, to illustrate how bad things are. Unless even more dramatic examples are available. I assume you at least informed the City Council if all code violations not impacting health and safetyare being neglected in totality. What have they said about this dire state of affairs?

Additionally, systematically failing to respond to the bulk of violation reports would obviously also undercut the core functionality of a complaint-driven code enforcement system, conditioning citizens to apathy and throttling reporting, a problem so big it's probably why I raised the concern in my firstemail to you. I assume you raised this point to those with budgetary authority? What is their response?

For edification on these issues, please provide departmental statistics showing the response rate per violation reported, including totals and the fraction related to health and safety.

By the way, do you know why Ms. Lin didn't relate this desperate state of affairs when I spoke with her? Or Assistant City Administrator Blackwell, when we spoke? Or in response to any of numerous emails I sent to them?

For the sake of history, I must observe that the department has over the years repeatedly pointed to budget constraints as a reason for failure to follow up in this case, even though in that time staff had the resources to so over-aggressively pursue other violations that it precipitated an angry City

Council meeting and a Grand Jury investigation. This incongruence reminds one of the "significant contradictions" that the Grand Jury found between the statements of code enforcement staff and others.

Finally, especially in light of strained resources, I must (yet again) repeat an outstanding question: why do the described and documented departmental dysfunctions and malfeasances remain unacknowledged and unaddressed? Isn't the right time now, more than ever? Doesn't the blatantpersistence of these violations stand as conspicuous testament to the shielded state of festering dysfunction in the department?

I look forward to your assistance,Eric Neville



Date: Fri, 21 Jun 2013 16:27:48 -0700



Hi Eric - Sorry for the delayed response, as we are down to one person on staff who handles Zoning complaints -- for the entire city.

I went out to the area of College Avenue last Friday, June 14th -- and inspected the sign violations that you e-mailed to us. Some of the addresses you cited had no signs in the right-of-way (ROW), other addresses had signs in their vestibule areas (out of the ROW), others had signsleaning on the buildings with encroachment of about 4"-6" into the ROW - and then some were clearly in the ROW, mostly in the sidewalk area adjacent to cars and tree wells.

To resolve this issue, it is my understanding that the Rockridge merchants attempted to get a neighborhood-wide encroachment permit - similar to what one of our downtown neighborhoods did. However, it is also my understanding that you did not support this and that as a result theneighborhood-wide permit was not issued. Is this correct? This would be the most effective and efficient resolution given our staffing shortages.

Our one employee who handles zoning complaints focuses primarily on health and safety issues. We have requested more staff to handle zoning complaints, but do not have them yet. Are there health and safety issues related to the signs you have complained about? Also, as youmight know, each sign complaint requires several hours of time -- 1) an initial inspection, 2) research into permits issued, 3) an issuance to the property owner of any notice of violation (NOV), 3) a re-inspection to see if the NOV was addressed, 4) a follow-up notice of continuedviolation, and 5) a fee charge. Our administration staff then handle any fee charge.

I will talk to staff to review their current schedules, but I really don't believe I have the staff at this time to handle all of these complaints. I will also talk to staff and the neighborhood about revisiting a neighborhood wide encroachment permit.

Rachel Flynn, AIA






Cc: "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray"<[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood ImprovementLeague" <[email protected]>


I have not seen a reply to any of the last three emails sent to you, nor to any of my inquiries. Please advise.


Eric Neville

Cc: "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks,Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>,"Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont AvenueNeighborhood Improvement League" <[email protected]>


When most lately were any of these locations inspected? What enforcement action has been taken? Why do the documented departmental dysfunctions and malfeasances remain unacknowledged and unaddressed? What actions are being taken to rectifythe systemic dysfunction that has allowed this matter to fester for five years and counting?


Eric Neville





Cc: "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Officeof the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


When most lately were any of these locations inspected? What enforcement action has been taken? Why do the documented departmental dysfunctions and malfeasances remain unacknowledged and unaddressed? What actions are beingtaken to rectify the systemic dysfunction that has allowed this matter to fester for five years and counting?

I wonder if I must point out, to all, that the conditions at issue exist independently of their being reported. Even if the reporting of them ceased, the signs, their proliferation, their status as violations, the department's dysfunction, the administrativeneglect of this dysfunction, and all their years of history would all persist, as a matter of fact. The concern here is about what is actually going on in Oakland.


Eric Neville





Cc: "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray"<[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood ImprovementLeague" <[email protected]>

I have already spoken with Ms. Lin and Assistant City Administrator Blackwell, as yet without any evidence of progress in consequence. What would be the purpose of yet another meeting? I have already provided descriptions anddocumentation of departmental dysfunction and malfeasance. What use is being made of these? I submitted locations of violations as recently as 19 February of this year, reporting 55 signs. Have these locations been inspected? When wasthe latest inspection of any location, reported at any point in this matter? What enforcement action has been taken? Please provide associated reports. Is anyone disputing that the signs are as I have reported? Who, and what are theirstatements? Reporting of code violations is putatively anonymous. Is Oakland now requiring that code violations be reported on site? Is Oakland acknowledging that the anonymous reporting system is dysfunctional, amongst other aspects ofdysfunction?

I have already provided more than five years of reporting and documentation on both the precipitating violations and the departmental shenanigans that have followed. The 2010-2011 Alameda County Grand Jury reported that it was "appalled"by the behavior of code enforcement in Oakland, and yet where the rubber meets the road, this case shows that nothing has changed, nearly two years on. How much data does this city need in order to see that it has a real problem in thisdepartment?

Finally, I reiterate the question from my last email, what action is being taken to rectify the systemic dysfunction that has allowed this matter to fester for five years and counting?


Eric Neville



Date: Mon, 27 May 2013 22:27:33 -0700



Hi Eric - Would you have time to meet on site - somewhere in the College Avenue area - where you still have concerns? I could meet in the evening if that helps.

Feel free to call or e-mail me. I'm at <tel:510.238.2229>510.238.2229. Thanks, Rachel

Rachel Flynn, AIA






Cc: "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill"<[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid,Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker,Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont AvenueNeighborhood Improvement League" <[email protected]>


Greetings. A month has passed. What is the plan for rectifying the systemic dysfunction that has allowed this matter to fester for five years and counting?



tel:510.238.2229

tel:510.238.2229

Eric Neville



Date: Wed, 17 Apr 2013 21:31:45 -0700



Eric, I look forward to meeting you sometime in the near future. I will look into the history of the situation and get back to you in a couple of weeks.

Sorry to take that long, but I've got a million things on my plate this week and next - as I try to get up to speed in my new position.

Thanks, Rachel

Rachel Flynn, AIA

Director

Department of Planning & Building

City of Oakland

<tel:510.238.2229>510.238.2229




Cc: "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana,Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>,"Piedmont Avenue Neighborhood Improvement League" <[email protected]>

X-Attachments: Sandwich Boards.doc: Sandwich Boards 2009.doc: 596660_1.pdf:

Dear Deputy Director Flynn:

Please find attached the reports to which I referred in my immediately preceding email.


Eric Neville



tel:510.238.2229

Cc: "Lin, Margaretta" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat"<[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana,Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>,"Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Deputy Director Flynn:

I write re a matter of code violation and departmental dysfunction that remains unresolved more than five years now. I was most recently referred (last November) by MargarettaLin to Assistant City Administrator Fred Blackwell, and I spoke briefly with him, was assured that he would respond in follow-up email, yet despite many inquiries on my part Inever heard from him since. I have now been referred by Ms. Lin to you.

As I previously described to Ms. Lin, Assistant City Administrator Blackwell, and City Administrator Deanna Santana, and which is reflected for your verification in the record ofcommunication below and attached:

Starting 9 January, 2008, Code Enforcement demonstrated a pattern of behavior that included ignoring emails (20 out of 40), dodging direct questions about enforcementproceedings, attempting to steer away from recorded exchange, pleading budget constraints while failing to pursue $1000 fines, disingenuously indicating difficulty in findingviolations despite having previously recorded dozens of the same without issue, falsely reporting abatement (including to the City Attorney's office), falsely reporting the absenceof relevant records, as well as completely inappropriate communications such as stonewalling in bold, red text. This effected a prolonged and multipronged program very muchdiscouraging of the reporting of violations, the same reporting on which a complaint-driven system depends. Please note that since September, 2009, staff his continued to beapprised of the persistence of these violations, yet has failed to this day to provide any information as to enforcement proceedings, or indeed any effort at enforcement at all.

The protraction of this matter has apparently resulted in the loss of the text formatting referred to above, so I copy that email again here (it also remains in sequence below). Please note that the violations were not abated at the time of the email, despite false reference to the contrary, a fact subsequently proven with photographs and undisputed byCode Enforcement.


Eric Neville

At 7:21 AM -0700 2009.09.17, Derania, Ray wrote:


Date: Thu, 17 Sep 2009 07:21:55 -0700

From: "Derania, Ray" <[email protected]>


Mr. Neville -

Once again, thank you for your continuing interest in your neighborhood. And once again, we refer you our September 3 e-mail, which we have partially restated below inresponse to your recurring questions.

Ray Derania



To: Derania, Ray

Dear Chief Derania:

I referred to your email of September 3, as per direction of your email of September 10, however I did not find the answers to questions in my last email to you. Specifically:

* Why have no fines been collected despite the City having confirmed dozens of violations, many of which have been ongoing since 2007?












Eric Neville

At 8:54 PM -0700 2013.04.15, Lin, Margaretta wrote:



Date: Mon, 15 Apr 2013 20:54:45 -0700

From: "Lin, Margaretta" <[email protected]>


"Flynn, Rachel" <[email protected]>

Cc: "Blackwell, Fred" <[email protected]>,

Dear Mr. Neville,

I hope that this finds you well. At the time we last spoke, the City did not have a permanent Planning & Building Director in place. I believe that this position would be, in theCity's current organizational structure, best equipped at addressing your concerns. Rachel Flynn has been recently hired in this position. She can be reached at<mailto:[email protected]>[email protected] and 238-2229.

Best regards,

Margaretta Lin

Hope is an orientation of the spirit, an orientation of the heart. It is not the conviction that something will turn out well but the certainty that something makes sense, regardless ofhow it turns out. Vaclav Havel

Margaretta Wan-Ling Lin

Department of Housing and Community Development

City of Oakland

250 Frank Ogawa Plaza, 5th Floor

Oakland, CA 94612

<mailto:[email protected]>[email protected]

<tel:%28510%29%20238-6314>(510) 238-6314


To: "Lin, Margaretta" <[email protected]>



Cc: "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>,"Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, KiranC" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>,"Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Ms. Lin:

You were tasked with overseeing the City's response to the 2010-2011 Alameda County Grand Jury Final Report that was highly criticalof Oakland's Code Enforcement. Yet the responsible authority to whom you referred me for resolution has been willfully and persistentlyunresponsive, and the dysfunction and malfeasance described repeatedly herein remains completely unresolved well over a year later. Please advise.


Eric Neville





Cc: "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>,"Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, KiranC" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>,"Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Ms. Lin:

You referred me to Assistant City Administrator Blackwell specifically for matters of dysfunction and malfeasance in Code Enforcement,problems documented herein. However, Mr. Blackwell has proven willfully neglectful. Despite the assurance of his administrativeassistant, Ms. Casteel-Brown, that he would respond, he has not replied to any of eight emails sent in follow-up over more than threemonths. Please advise.


Eric Neville


To: "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>



Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>,"Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>,"McElhaney, Lynette" <[email protected]>, "Schaaf, Libby"<[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor"<[email protected]>, "Santana, Deanna" <[email protected]>,"City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania,Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain,Kiran C" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>

Dear Assistant City Administrator Blackwell:

If an inspection was made, why isn't the report public record? If it is public record, why am I being denied access to it?


Eric Neville


To: "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia"<[email protected]>



Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill"<[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>,"Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney"<[email protected]>, "Derania, Ray" <[email protected]>,"Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>


I have heard in the neighborhood that an inspection of these violations was conducted. Is this true? If true,what are the results of the inspection, including locations and violation numbers?


Eric Neville





Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill"<[email protected]>, "Kalb, Dan" <[email protected]>,"Kernighan, Pat" <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>,"Gallo, Noel" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney"<[email protected]>, "Derania, Ray" <[email protected]>,"Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>

I was specifically referred to you by Ms. Lin to address matters of dysfunction and malfeasance in CodeEnforcement. I have written numerous times over many months. I was told by your administrative assistant,Ms. Casteel-Brown, that I would be hearing from you. However, I have received absolutely nothing back fromyou, nor even any indication why not. Please explain.


Eric Neville





Cc: "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan,Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


Thank you for raising attention to this matter.

The primary concern is that people have a right to know what the law is, and know before they commit to action. The enforcement of law should not be unpredictably malleable and veiled, for that is not justice. And when enforcement becomes injustice, by dereliction or arbitrariness ormalfeasance, people have a right to more than a deaf ear from oversight. It's the way things get done that defines the true form of government.

Given the long and relevant history of this case, which has grown well beyond individual code violations, please understand the need to follow up in a comprehensive fashion here.


Eric Neville


Mr. Neville:

Thank you for providing the details. I am forwarding your message to my colleague, Councilmember Dan Kalb (<mailto:[email protected]>[email protected]).

The City has recently adopted the use of the SeeClickFix (<http://www.seeclickfix.com/oakland/system>http://www.seeclickfix.com/oakland/system) to track complaints. As you go forward, I suggest using that system as a tool that helps the Administration track and resolveyour concerns.

Despite the delayed response, I want to assure you that the City values the input of our citizens. It is this level of community concern that will help us weather the economic storm and ultimately strengthen our city. So, thank you for caring enough to push past yourpersonal frustrations and for your dedication to keeping us aware of these things which really do contribute to the quality of life for our citizens. We cannot do this with professional staff alone.

As a newly elected leader, I have been encouraged by the fact that, despite significant lay-offs, we are fortunate to have a very hard-working and dedicated staff. With numerous challenges in front of us - most notably the public safety crisis - I can honestly say that we areall committed to the restoration of essential public services and to providing a high level of service to our citizens.

Very kind regards, Lynette

































http://www.seeclickfix.com/oakland/system



http://www.seeclick/



http://fix.com/oakland/system

Cc: "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan"<[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray"<[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue NeighborhoodImprovement League" <[email protected]>


The most important problems in this case are compound, ongoing, of citywide import, and already years old:

* Willful neglect by the City Administrator's office of known and documented departmental problems

* Systematic dereliction of duty by Code Enforcement and suppression of citizen reports

* Willful failure to abate clear violations and the resultant establishment of de facto hidden law

The violations at the bottom of this case are indeed a problem in their own right, but more importantly expose systemic problems that would evidently otherwise be denied or dismissed, as the pattern of falsification and willful neglect attests. While I appreciatethe concern about a need for time, please note that current Code Enforcement management, in the form of Deputy Director Derania, has known about this case since April 2008, Mayor Quan since January 2011, and City Administrator Santana and CityAttorney Parker since at least August 2011, as the record of communication below attests. The concern about departmental dysfunction and malfeasance was only punctuated by July 2011 release of the Alameda County Grand Jury Report. How much moretime is necessary? How does the City Administrator's office repeatedly ignoring inquiry into the process of resolution in any way indicate progress, or even an effort toward it?

For reference, the following 55 signs were recently observed violating the public right-of-way along the College Avenue corridor (in District 1), the bulk of them already long known to the City, again as the record attests.

Listed north from Broadway:

5300 Broadway (76 Station), 2 signs

5301 Broadway (Blick), 3 signs

5254 College (College Point Cafe), 2 signs

5255 College (Bay Functional Fitness)

5257 College (Marilyn Jaeger)

5273 College (Vivi Skin Care)

5299 College (Currylicious)

5316 College (Khana Peena)

5322 College (Clementine)

5335 College (Rikyu)

5359 College (The Burrito Shop)

5362 College (Chu), 7' tall and heavy

5406 College (Elegant Nail Salon), 2 signs

5407 College (Bella Vita)

5410 College (Stella Carakasi)

5413 College (Alexander Pope), 2 signs

5414 College (Chic)

5416 College (Namaste Rockridge)

5418 College (Rockridge Home)

5431 College (Elizabeth H), 2 signs

5427 College (Bittersweet)

5472 College (Bellissimo)

5475 College (Arellano), 2 signs

5500 College (Pasta Pomodoro)

5517 College (Who's Your Betty)

5601 College (Rockridge Furniture)

5655 College (Oliveto)

5655 College (Rockridge Dental), in addition to sign on Shafter Avenue

On Shafter Avenue, about 100' west of College Ave:

(Rockridge Dental) in addition to sign at 5655 College

(Curves)

5699 Miles Avenue (Oriental Nails II)


5707 College (Fit Clothing)

5811 College (Cuttin Up)

5817 College (See Jane Run)

6012 College (Walking Company)

6014 College (Transports)

6019 College (Metro PCS), 12' tall with flag

6021 College (Spasso)

6034 College (Ag Photo)

6201 Florio Street (Breema Clinic)

6093 Claremont Avenue (Genray)

6206 Claremont Avenue (Body, Mind and Spirit)

6208 Claremont Avenue (Claremont Hair Salon)

6212 Claremont Avenue (Abby Photo)

6239 College (Align Chiropractic)

6323 College (La Farine)


Eric Neville


Mr. Neville,

Thank you for your reply to my message on 1/28. While your letter is quite effective in making it clear what you're seeking in general, you still have not provided an address or site a specific issue of concern. If your only desire is to see thedepartment reformed, I will let you know that the Council is working on ensuring that the Administation adopt revised policies and practices that address the issues raised in the Grand Jury report. Systems change takes time to establish andimplement. If, however, you have a specific location that needs remedy, I invite you to clearly state the address/cross section etc so that we can follow up. Otherwise, I remain unclear as to how to provide you the assistance you're requesting.

Best, Lynette

Office of Councilmember Lynette Gibson McElhaney

District 3 - The Heart & Soul of Oakland

1 Frank Ogawa Plaza, Second Floor | Oakland, CA 94612

Telephone <tel:%28510%29%20238-7003>(510) 238-7003





Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette"<[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos,Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>


This is a matter of endemic governmental dysfunction and malfeasance, impacting transparency and equal protection. Why are you neglecting this matter and ignoring my emails?


Eric Neville





Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>,"Schaaf, Libby" <[email protected]>, "Gallo, Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "RockridgeCommunity Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


I have repeatedly requested the plan for resolving this matter since we spoke on 12 December 2012, and was informed on 2 January 2013 by your administrative assistant, Ms. Casteel-Brown, that you would respond, yet I have received noresponse from you. Please advise.


Eric Neville





Cc: "Santana, Deanna" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>, "Lin, Margaretta" <[email protected]>,"Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo, Noel"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Officeof the Mayor" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

What I have described, and documented herein, is ongoing dysfunction and malfeasance in Code Enforcement at every level, including current management. I more than sympathize with your concern that the email chain is long, as I am the onewho has taken pains to follow up on the issue over more than five years. However, please note that it is Oakland city government's neglect and attempts to discredit the reporting that has resulted in the protraction of this matter, a protraction sogrotesquely long and dismissive that one can only guess at how many other citizens, in District 3 or otherwise, have also reported to Code Enforcement violations, of this type or others, only to have their reports ignored or pushed off-record orfalsely discredited, and ultimately lost to account. The precipitating violations in this case were, and remain, a multitude of ongoing placements of portable signs in the public right-of-way, clear violations of 17.104.020 and punishable by finesover $1000, and easily confirmed by anyone who cares to look. The response by Code Enforcement is as described: a progression of actions up the chain of command that rebuffed and derogated reporting (reporting on which the veryfunctioning of the complaint-driven department depends), resulting in a current and complete failure to uphold the law.

While some might try to casually dismiss this matter by characterizing the particular code violations involved as insignificant, to do so would miss the broader import of law and process. The law represents the rules that we expect ourselves andothers to be held to, and access to those rules must be the right of everyone, as must also be the predictability and equality of their application. If the rules written out in law are not the rules government will act by, then what are those rules? Are they written and rewritten behind closed doors, unannounced? How is a citizen to know what the "real" rules are? How can equal protection be ensured? When the actual behavior of government manifests as it has in Code Enforcement inthis case, it is a betrayal of the public trust. Neglect of this departmental dysfunction has only allowed the violations to exacerbate and the culture of impunity to fester.

As to action by the Council, I would observe that despite even the City's response thus far to the damning findings of the Alameda County Grand Jury, which was "appalled" by Oakland's code enforcement and found "disturbing" the "significantcontradictions between the testimony of Building Services employees and the testimony of property owners and contractors", the failings of Code Enforcement, as evidenced by this matter, remain unresolved. There is no reason to assume thatthe impact does not reach every corner of Oakland. Without trustworthy reporting and performance by a department, that department cannot be properly directed, by the Council or otherwise.


Eric Neville

At 10:59 PM -0800 2013.01.24, McElhaney, Lynette wrote:

Mr. Neville,

If this property is in District 3, please provide a summary of the issue and what your specific request for remedy is. The chain of emails is too long and unclear as to what it is you need from the Council tosupport a resolution on your behalf.



-Oakland District 3-

1 Frank H. Ogawa Plaza, 2nd Floor

Oakland, CA 94612

<tel:%28510%29%20238-7003>(510) 238-7003


To: "Santana, Deanna" <[email protected]>, "Blackwell, Fred" <[email protected]>, "Casteel-Brown, Gia" <[email protected]>



Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan,

Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo,Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "CityAdministrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood ImprovementLeague" <[email protected]>

X-Attachments: Sandwich Boards.doc, Sandwich Boards 2009.doc, 596660_1.pdf


As I previously described to Ms. Lin and Assistant City Administrator Blackwell, copied to yourself, and which is reflected for your verification in the record of communicationbelow and attached:

Starting 9 January, 2008, Code Enforcement demonstrated a pattern of behavior that included ignoring emails (20 out of 40), dodging direct questions about enforcementproceedings, attempting to steer away from recorded exchange, pleading budget constraints while failing to pursue $1000 fines, disingenuously indicating difficulty in findingviolations despite having previously recorded dozens of the same without issue, falsely reporting abatement (including to the City Attorney's office), falsely reporting the absenceof relevant records, as well as completely inappropriate communications such as stonewalling in bold, red text. This effected a prolonged and multipronged program very muchdiscouraging of the reporting of violations, the same reporting on which a complaint-driven system depends. Please note that since September, 2009, staff his continued to beapprised of the persistence of these violations, yet has failed to this day to provide any information as to enforcement proceedings, or indeed any effort at enforcement at all.

The protraction of this matter has apparently resulted in the loss of the text formatting referred to above, so I copy that email again here (it also remains in sequence below). Please note that the violations were not abated at the time of the email, despite false reference to the contrary, a fact subsequently proven with photographs and undisputed byCode Enforcement.


Eric Neville



Date: Thu, 17 Sep 2009 07:21:55 -0700



Mr. Neville -


Ray Derania



To: Derania, Ray



Dear Chief Derania:

Eric Neville

At 9:52 AM -0800 2013.01.22, Santana, Deanna wrote:


Date: Tue, 22 Jan 2013 09:52:28 -0800

From: "Santana, Deanna" <[email protected]>



"Casteel-Brown, Gia" <[email protected]>

What is this about?





Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Kalb, Dan" <[email protected]>, "Kernighan,Pat" <[email protected]>, "McElhaney, Lynette" <[email protected]>, "Schaaf, Libby" <[email protected]>, "Gallo,Noel" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca"<[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana,Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>,"Piedmont Avenue Neighborhood Improvement League" <[email protected]>


More than a month has passed since we spoke and I have not yet heard anything about the plan for resolving this matter, now exacerbating more than five years. Pleaseadvise.


Eric Neville


To: "Casteel-Brown, Gia" <[email protected]>, "Blackwell, Fred"<[email protected]>



Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Brunner,Jane" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Nadel, Nancy"<[email protected]>, "Schaaf, Libby" <[email protected]>, "De La Fuente, Ignacio"<[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry"<[email protected]>, "Kaplan, Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>,"Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>,"Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, KiranC" <[email protected]>, "Wald, Zachary" <[email protected]>, "Rockridge CommunityPlanning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>

Dear Ms. Casteel-Brown:

Thank you for the confirmation of receipt and intent to respond. Please understand my apprehension, based on the many years' historyof this matter. I, too, hope that you had a pleasant holiday season.


Eric Neville

At 10:32 AM -0800 2013.01.02, Casteel-Brown, Gia wrote:

Date: Wed, 2 Jan 2013 10:32:47 -0800

From: "Casteel-Brown, Gia" <[email protected]>


"Blackwell, Fred" <[email protected]>



"Brunner, Jane" <[email protected]>,


"Nadel, Nancy" <[email protected]>,


"De La Fuente, Ignacio" <[email protected]>,













"Wald, Zachary" <[email protected]>,



Good morning Mr. Neville,

I hope you had a pleasant holiday season. I wanted to acknowledge receipt of your email to Mr. Blackwell and respond back to you. Our offices have been closed since December 24th, this being our first day back in the office. I will make sure that Mr. Blackwellreceives your email and he will be back in contact with you as soon as possible in regards to your concerns.

Thank you,

gia

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

Gia Casteel-Brown, Executive Assistant

City of Oakland, City Administrator's Office

1 Frank H. Ogawa Plaza, Suite 301

Oakland, CA 94612

<tel:510.238.2910>510.238.2910 (p); <tel:510.238-2223>510.238-2223 (f)

Oakland Ranked #5 Place to Visit in the World! New York Times, January 2012 <http://bit.ly/GB3s8f>http://bit.ly/GB3s8f





Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>,"Brunner, Jane" <[email protected]>, "Kernighan, Pat"<[email protected]>, "Nadel, Nancy" <[email protected]>, "Schaaf, Libby"<[email protected]>, "De La Fuente, Ignacio" <[email protected]>,"Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>,"Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>,"Office of the Mayor" <[email protected]>, "Santana, Deanna"<[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney"<[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Wald,Zachary" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>


Another week has passed and I have not seen any reply. I am concerned that this case regards years-neglecteddysfunction and malfeasance in a department that the Alameda County Grand Jury was "appalled" by, as shown in its2010-2011 Final Report, and that, more than a year since this finding and five years since inception, this case remainsentirely unresolved. I ask again, what it is the plan for resolution?


Eric Neville





Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill"<[email protected]>, "Brunner, Jane" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Nadel, Nancy"<[email protected]>, "Schaaf, Libby" <[email protected]>, "De LaFuente, Ignacio" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney"<[email protected]>, "Derania, Ray" <[email protected]>,"Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Wald, Zachary" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "PiedmontAvenue Neighborhood Improvement League" <[email protected]>

http://bit.ly/GB3s8f

It has been a week since we spoke and I am wondering, what is the plan for resolving these matters?

you for your assistance,

Eric Neville





Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill"<[email protected]>, "Brunner, Jane" <[email protected]>,"Kernighan, Pat" <[email protected]>, "Nadel, Nancy"<[email protected]>, "Schaaf, Libby" <[email protected]>, "De LaFuente, Ignacio" <[email protected]>, "Brooks, Desley"<[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan,Rebecca" <[email protected]>, "Quan, Jean"<[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator'sOffice" <CityAdministrator'[email protected]>, "Parker, Barbara"<[email protected]>, "Ruby, Courtney"<[email protected]>, "Derania, Ray" <[email protected]>,"Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Wald, Zachary" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "PiedmontAvenue Neighborhood Improvement League" <[email protected]>


I appreciate your addressing these matters. I look forward to a full resolution, for the benefit of all citizensengaging Code Enforcement.


Eric Neville

At 12:59 PM -0800 2012.11.30, Casteel-Brown, Gia wrote:


Date: Fri, 30 Nov 2012 12:59:31 -0800



"Blackwell, Fred" <[email protected]>

Dear Mr. Neville,

Thank you for your information below. Mr. Blackwell would like to schedule a meeting to discuss the issueswith you in a fuller way. Can you please call me at 238-2910 so that we can arrange for a mutuallyconvenient time?

Thank you,

gia

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




Oakland, CA 94612

<tel:510.238.2910>510.238.2910 (p); <tel:510.238-2223>510.238-2223 (f)

Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Brunner, Jane" <[email protected]>, "Kernighan, Pat" <[email protected]>, "Nadel, Nancy" <[email protected]>,"Schaaf, Libby" <[email protected]>, "De La Fuente, Ignacio" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>, "Kaplan, Rebecca" <[email protected]>,"Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office" <CityAdministrator'[email protected]>, "Parker,Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>,"Wald, Zachary" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


It's been more than a week since I've heard from your office. Please advise.


Eric Neville


To: "Casteel-Brown, Gia" <[email protected]>



Cc: "Blackwell, Fred" <[email protected]>, "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Brunner, Jane" <[email protected]>, "Kernighan, Pat" <[email protected]>,"Nadel, Nancy" <[email protected]>, "Schaaf, Libby" <[email protected]>, "De La Fuente, Ignacio" <[email protected]>, "Brooks, Desley" <[email protected]>, "Reid, Larry" <[email protected]>,"Kaplan, Rebecca" <[email protected]>, "Quan, Jean" <[email protected]>, "Office of the Mayor" <[email protected]>, "Santana, Deanna" <[email protected]>, "City Administrator's Office"<CityAdministrator'[email protected]>, "Parker, Barbara" <[email protected]>, "Ruby, Courtney" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>,"Jain, Kiran C" <[email protected]>, "Wald, Zachary" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Ms. Casteel-Brown:

Thank you for the acknowledgement. Please advise: what would be the agenda for such a meeting? I have provided evidence of ongoing dysfunction in the department and malfeasance by current management. Is the veracity of my statements challenged? What otherinput is required from me in order to rectify these matters?


Eric Neville

At 10:16 AM -0800 2012.11.20, Casteel-Brown, Gia wrote:


Date: Tue, 20 Nov 2012 10:16:10 -0800

"Lin, Margaretta" <[email protected]>

Hello Mr. Neville,

I am in receipt of your correspondence. I will speak with Mr. Blackwell about a meeting date and time and get back to you soon.

Thank you,

gia

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




Oakland, CA 94612

<tel:510.238.2910>510.238.2910 (p); <tel:510.238-2223>510.238-2223 (f)


At 9:43 AM -0800 2012.11.20, Lin, Margaretta wrote:


Date: Tue, 20 Nov 2012 09:43:50 -0800

From: "Lin, Margaretta" <[email protected]>

Dear Mr. Neville,

I'm not sure it was clearly communicated that you are seeking a meeting with Fred Blackwell. If that's the case, then please contact his assistant, Gia Casteel-Brown, at 238-2910.

Best,

Margaretta

One City, One Team

Hope is an orientation of the spirit, an orientation of the heart. It is not the conviction that something will turn out well but the certainty that something makes sense, regardless of how it turns out.

Vaclav Havel

Margaretta Lin, Esq.


City of Oakland

250 Frank Ogawa Plaza, 2nd Floor

Oakland, CA 94612


<tel:%28510%29%20238-6314>(510) 238-6314

Cc: "Blackwell, Fred Glover " <[email protected]>, "Casteel-Brown, Gia Suzette" <[email protected]>, "Quesada, Bill" <[email protected]>, "Brunner, Jane"<[email protected]>, Patricia Kernighan <[email protected]>, Nancy Nadel <[email protected]>, Libby Schaaf <[email protected]>, Ignacio De La Fuente<[email protected]>, Desley Brooks <[email protected]>, Larry Reid <[email protected]>, Rebecca Kaplan <[email protected]>, "Jean Quan" <[email protected]>,[email protected], "Santana, Deanna J " <[email protected]>, [email protected], "Barbara Parker" <[email protected]>, "Ruby, Courtney Anne"<[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Wald, Zachary"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Ms. Lin:

Thank you for the follow-up. I have described and documented willful and ongoing nonperformance of duty at every level of a department, including current management. Is this disputed? This matter must be addressed openly, for the good ofthe public. Is there any appropriate reason why I should not expect a response to my email to Assistant City Administrator Blackwell's office?


Eric Neville

At 5:04 PM -0800 2012.11.19, Lin, Margaretta wrote:

Have you been able to reach Gia re setting up a meeting with Fred Blackwell?

One City, One Team

Hope is an orientation of the spirit, an orientation of the heart. It is not the conviction that something will turn out well but the certainty that something makes sense, regardless of how it turns out.

Vaclav Havel



City of Oakland


Oakland, CA 94612


<tel:%28510%29%20238-6314>(510) 238-6314


To: "Blackwell, Fred Glover " <[email protected]>, "Casteel-Brown, Gia Suzette" <[email protected]>

Cc: "Lin, Margaretta" <[email protected]>, "Quesada, Bill" <[email protected]>, "Brunner, Jane" <[email protected]>, Patricia Kernighan<[email protected]>, Nancy Nadel <[email protected]>, Libby Schaaf <[email protected]>, Ignacio De La Fuente <[email protected]>,Desley Brooks <[email protected]>, Larry Reid <[email protected]>, Rebecca Kaplan <[email protected]>, "Jean Quan" <[email protected]>,[email protected], "Santana, Deanna J " <[email protected]>, [email protected], "Barbara Parker" <[email protected]>, "Ruby, Courtney Anne" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Wald, Zachary" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont AvenueNeighborhood Improvement League" <[email protected]>


Margaretta Lin informs me that you are the person responsible for correcting dysfunction and malfeasance in Code Enforcement, as she is no longer. Please note my concerns in these regards, which Ireported to her in the email immediately previous and repeat here, and which are reflected for your verification in the record of communication below and attached:

Starting 9 January, 2008, Code Enforcement demonstrated a pattern of behavior that included ignoring emails (20 out of 40), dodging direct questions about enforcement proceedings, attempting to steeraway from recorded exchange, pleading budget constraints while failing to pursue $1000 fines, disingenuously indicating difficulty in finding violations despite having previously recorded dozens of the samewithout issue, falsely reporting abatement (including to the City Attorney's office), falsely reporting the absence of relevant records, as well as completely inappropriate communications such as stonewallingin bold, red text. This effected a prolonged and multipronged program very much discouraging of the reporting of violations, the same reporting on which a complaint-driven system depends. Please notethat since September, 2009, staff his continued to be apprised of the persistence of these violations, yet has failed to this day to provide any information as to enforcement proceedings, or indeed any effortat enforcement at all.

The protraction of this matter has apparently resulted in the loss of the text formatting referred to above, so I copy that email again here (it also remains in sequence below). Please note that the violationswere not abated at the time of the email, despite false reference to the contrary, a fact subsequently proven with photographs and undisputed by Code Enforcement.


Eric Neville



Date: Thu, 17 Sep 2009 07:21:55 -0700



Mr. Neville -

Once again, thank you for your continuing interest in your neighborhood. And once again, we refer you our September 3 e-mail, which we have partially restated below in response to your recurringquestions.

Ray Derania



To: Derania, Ray



Dear Chief Derania:

Eric Neville





Cc: "Quesada, Bill" <[email protected]>, "Brunner, Jane" <[email protected]>, Patricia Kernighan <[email protected]>, Nancy Nadel<[email protected]>, Libby Schaaf <[email protected]>, Ignacio De La Fuente <[email protected]>, Desley Brooks <[email protected]>, LarryReid <[email protected]>, Rebecca Kaplan <[email protected]>, "Jean Quan" <[email protected]>, [email protected], "Santana, Deanna J "<[email protected]>, [email protected], "Barbara Parker" <[email protected]>, "Ruby, Courtney Anne" <[email protected]>,"Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Wald, Zachary"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Ms. Lin:

In preparation for our discussion, please note the following summary of dysfunction and malfeasance by Code Enforcement, including current management, reflected for your verification in the record ofcommunication below and attached:

Starting 9 January, 2008, Code Enforcement demonstrated a pattern of behavior that included ignoring emails (20 out of 40), dodging direct questions about enforcement proceedings, attempting to steeraway from recorded exchange, pleading budget constraints while failing to pursue $1000 fines, disingenuously indicating difficulty in finding violations despite having previously recorded dozens of the samewithout issue, falsely reporting abatement (including to the City Attorney's office), falsely reporting the absence of relevant records, as well as completely inappropriate communications such as stonewallingin bold, red text. This effected a prolonged and multipronged program very much discouraging of the reporting of violations, the same reporting on which a complaint-driven system depends. Please notethat since September, 2009, staff his continued to be apprised of the persistence of these violations, yet has failed to this day to provide any information as to enforcement proceedings, or indeed any effortat enforcement at all.

The protraction of this matter has apparently resulted in the loss of the text formatting referred to above, so I copy that email again here (it also remains in sequence below). Please note that the violationswere not abated at the time of the email, despite false reference to the contrary, a fact subsequently proven with photographs and undisputed by Code Enforcement.


Eric Neville


Date: Thu, 17 Sep 2009 07:21:55 -0700



Mr. Neville -


Ray Derania



To: Derania, Ray



Dear Chief Derania:














Eric Neville




Cc: "Brunner, Jane" <[email protected]>, Patricia Kernighan <[email protected]>, Nancy Nadel <[email protected]>,Libby Schaaf <[email protected]>, Ignacio De La Fuente <[email protected]>, Desley Brooks <[email protected]>, LarryReid <[email protected]>, Rebecca Kaplan <[email protected]>, "Jean Quan" <[email protected]>, [email protected], "Santana, Deanna J " <[email protected]>, [email protected], "Barbara Parker" <[email protected]>,"Ruby, Courtney Anne" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>,"Jain, Kiran C" <[email protected]>, "Wald, Zachary" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Director Lin:

I will call to arrange a time. Please note that this email includes the record of communication on this matter. Also, I have attached related documents:

Violations report "Sandwich Boards.doc", from Inspector Rafael Campos, 5 May 2008

Violations report "Sandwich Boards 2009.doc", from Inspector Rafael Campos, 7 July 2009

Letter "596660_1.pdf", from City Attorney Kiran Jain, 24 September 2009

I look forward to your assistance

Eric Neville

At 9:55 AM -0700 2012.10.04, Lin, Margaretta wrote:

Hi Eric,

I am happy to talk with you about your concerns and questions. When are some good times for you to talk on the phone?

Margaretta

One City, One Team

Hope is an orientation of the spirit, an orientation of the heart. It is not the conviction that something will turn out well but the certainty that something makes sense, regardless ofhow it turns out.



City of Oakland


Oakland, CA 94612


(510) 238-6314


To: "Brunner, Jane" <[email protected]>



Cc: "Lin, Margaretta" <[email protected]>, Patricia Kernighan <[email protected]>, Nancy Nadel <[email protected]>, LibbySchaaf <[email protected]>, Ignacio De La Fuente <[email protected]>, Desley Brooks <[email protected]>, Larry Reid

<[email protected]>, Rebecca Kaplan <[email protected]>, "Jean Quan" <[email protected]>, [email protected],"Santana, Deanna J " <[email protected]>, [email protected], "Barbara Parker" <[email protected]>,"Ruby, Courtney Anne" <[email protected]>, "Derania, Ray" <[email protected]>, "Campos, Rafael" <[email protected]>,"Jain, Kiran C" <[email protected]>, "Wald, Zachary" <[email protected]>, "Rockridge Community Planning Council"<[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Councilmember Brunner:

Thank you for forwarding my inquiry to Ms. Lin. I look forward to progress, after these many years. I also remain interested in hearing your specific recommendations fordepartmental reform, as I previously stated.


Eric Neville

At 9:15 AM -0700 2012.10.04, Brunner, Jane wrote:

As you can see we are working on making the building service department response. I have forwarded your email to Margaretta Lin to get responses to you direct questions.


To: Jane Brunner <[email protected]>



Cc: Patricia Kernighan <[email protected]>, Nancy Nadel <[email protected]>, LibbySchaaf <[email protected]>, Ignacio De La Fuente <[email protected]>, Desley Brooks<[email protected]>, Larry Reid <[email protected]>, Rebecca Kaplan<[email protected]>, "Jean Quan" <[email protected]>, [email protected],"Santana, Deanna J " <[email protected]>, [email protected], "Barbara Parker"<[email protected]>, "Ruby, Courtney Anne" <[email protected]>, "Derania, Ray"<[email protected]>, "Campos, Rafael" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Wald, Zachary" <[email protected]>, "Rockridge CommunityPlanning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>

Dear Councilmember Brunner:

I received your email, "Building Services Reform is Underway! Jane Brunner's Council Update," copied below. Despite my ongoingefforts at communication on the topic of abuses in Code Enforcement, this is the first I've heard from anyone in Oakland city governmentsince 2009, as the record of communication herein attests, even if apparently only as part of a campaign mailing. Am I to understandthat the multiple, persistent, and easily observable violations that I have repeatedly reported herein since 2007 will abate forthwith? Please also inform me as to the specifics of the accepted recommendations to which you refer. Concerns I have raised include:

* Email to Code Enforcement repeatedly ignored, from the earliest and through all levels of staff

* Dodging of inquiries as to follow-up on repeat violations

* Disrespectful dismissal of valid violation reports

* False reporting by staff of the status of violations

* False reporting by staff as to the existence of records

* Consequent suspicion about functionality of a code enforcement system dependent on anonymous citizens' reports


Eric Neville

At 4:32 PM -0700 2012.09.27, Brunner, Jane wrote:

Subject: Building Services Reform is Underway! Jane Brunner's Council Update.

Date: Thu, 27 Sep 2012 16:32:08 -0700

From: "Brunner, Jane" <[email protected]>

Building Services Reform is Underway

City Administration Has Implemented 15 of 16 Brunner Recommendations

Last year, a Grand Jury report came out criticizing Oakland's Building Services Department for the aggressive way that itpursues blight complaints against Oakland residents. At that time there were many complaints from Oakland residentsabout the high costs of fines and fees and an overly-aggressive enforcement division. The City Council met to consider theGrand Jury report and passed my proposal of 16 steps to improve the way that the Department interacts with the citizensof Oakland.

I am pleased to report that the City has made tremendous progress in reforming the Building Services Department in the15 months since the Grand Jury report came out. At Tuesday's Community and Economic Development (CED) Committeemeeting, staff presented a major departmental overhaul that is already well underway. 9 out of the 10 Grand Juryrecommendations for the department have been implemented or are underway, and 15 out of 16 of the recommendationsthat I brought to the Council have been implemented or are underway. Foremost among those recommendations was thecall for an independent appeals body that citizens can go to when they believe that they are being unfairly targeted bycode enforcement. This appeals process has been established. Also, every instance where a house was demolished in thelast five years, due to the actions of code enforcement, is being investigated for propriety.

Police Academy Starts With 54 Recruits

3 Police Academies in the Next 18 months will Re-Build Oakland's Police Force

54 police academy recruits have begun their 27 weeks of police academy training. After they complete the academy theywill go into field training for about 15 weeks. Those that make it through the program will become full police officers on thestreet.

The budget proposal that I brought to Council in July included 3 police academies in the next three years. With the highattrition rate of existing officers, we need to be aggressive in our hiring and training in order to rebuild our police force.During the budgeting process, the City Council also requested a crime reduction plan from the Chief of Police, which weare awaiting from the Chief's office.

Moratorium for Doing Business with Goldman Sachs is in Effect

Pressure is on For Goldman to "Drop the Swap"

The City of Oakland is trapped in a complicated financial derivatives deal with Goldman Sachs, known as a swap. Thedeal requires the City to pay millions to Goldman annually, while getting nothing in return. Meanwhile, banks like GoldmanSachs are benefiting from the lowest interest rates on record and federal bailouts.

In July, on my motion, the City Council directed staff to negotiate a way out of the swap or terminate doing business withGoldman Sachs within 70 days. The 70 days are up, and though negotiations are continuing, the City will not initiate anynew business with Goldman Sachs until they work with us to find a way to end the swap that doesn't cost the City $15million dollars (the current value of the swap).

On Tuesday, the CED committee also asked staff to bring forward a City moratorium on any new swap agreements.


To: Jane Brunner <[email protected]>, Patricia Kernighan<[email protected]>, Nancy Nadel <[email protected]>, Libby Schaaf<[email protected]>, Ignacio De La Fuente <[email protected]>, DesleyBrooks <[email protected]>, Larry Reid <[email protected]>, Rebecca Kaplan<[email protected]>



Cc: "Jean Quan" <[email protected]>, [email protected], "Santana,Deanna J " <[email protected]>, [email protected], "Barbara Parker"<[email protected]>, "Ruby, Courtney Anne" <[email protected]>,"Derania, Ray" <[email protected]>, "Campos, Rafael"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Wald,Zachary" <[email protected]>, "Rockridge Community Planning Council"

<[email protected]>, "Piedmont Avenue Neighborhood Improvement League"<[email protected]>

Dear Oakland City Council:

I am concerned by a matter of Code Enforcement that has been exacerbating since 2007, and further that the executivebranch of City government has shown itself unwilling to even address the issue, let alone resolve it. Code Enforcementhas been unresponsive, unreliable, and even disrespectful while failing to uphold the clarity and consistency necessary forlegal fairness, and executive oversight has failed to address management that has, amongst other failings, made untruestatements about the status of dozens of violations and the absence of related records. Many of the violations originallyreported persist to this day, while others have ceased only because the the establishments went out of business, and whileyet more and new establishments have violated code as enforcement has demonstrably not been forthcoming. Of evengreater concern is the evidently willful negligence for the consequences of this, including corruption of the primary principlethat the rules of government must be clear, reliable, and fair both on their face and in their execution, so that everyoneshares equally in their burden and benefit. These dysfunctions of governance should be rectified without further delay.


Eric Neville

To: "Jean Quan" <[email protected]>, [email protected],"Santana, Deanna J " <[email protected]>,[email protected], "Barbara Parker"<[email protected]>



Cc: "Ruby, Courtney Anne" <[email protected]>, "Derania, Ray"<[email protected]>, "Campos, Rafael" <[email protected]>,"Jain, Kiran C" <[email protected]>, "Brunner, Jane"<[email protected]>, "Wald, Zachary" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "PiedmontAvenue Neighborhood Improvement League" <[email protected]>

Dear Mayor Quan, City Administrator Santana, and City Attorney Parker:

The whole point of law is to have the rules to which oneself and others are held be known up front, appliedfairly, and have consequence. Unfortunately, that is the antithesis of what is demonstrated in this case. Thiscase also demonstrates obvious apathy towards better government by those very people who form ourgovernment, the same apathy that we admonish our young people not to succumb to. This case started witha matter of application of law on the street, then exposed misfeasance and dereliction in the form of falsestatements and a grotesquely feckless interest in the facts by various officials, and at this point standsshadowed in the willful and persistent disregard for law and fairness and foresight by those at the top, despitethe patent clarity of the record. Apparently, in Oakland it is more important to bring to the table a connectionrather than a principle. This is government not of law, but of men. It is un-American, undemocratic, andembarrassing.

What would you have this citizen do in this case? What moral would you extract to pass on to those startingout in life? Would you have this citizen go quiet, after exposing multiple attempts to stuff the truth in a trashcan for expediency, and let the original problem fester, unresolved and exacerbating? Is that the sort ofbehavior that makes a city, or a society, better? Would you stand in front of a school auditorium andespouse passivity and resignation? You've been standing somewhere on this issue for the duration of youroffice, but you make that choice anew everyday, and can always change it. Where will you stand today?


Eric Neville


Dear Mayor Quan, City Administrator Santana, and City Attorney Parker:

As I have written many times already, I am deeply concerned by the issues of bad governance raised by thiscase. This case has become about much more than signs on the sidewalk, which in itself remains a real,unresolved, and exacerbating problem more than 3 years old.

The City of Oakland has:

* Acknowledged that reported violations have occurred

* Acknowledged that many violations are at least as old as 5 May 2008

* Been made aware that violations have been ongoing and proliferating since

* Been made aware that dozens of violations have been repeated within 2 years, each incidence of whichshould have incurred a fine

* Not reported the collection of any fine for any of dozens of repeat violations

* Been made aware that staff repeatedly ignored valid inquiries from a citizen regarding enforcement progress

* Been made aware that staff falsely reported the status of dozens of violations

* Been made aware that staff reported that a record of violations existed, and then reported that none existed

* Been made aware that the City Administrator's office was alerted to the above facts yet took no action

* Endeavored to give the reported violators favored treatment

* Endeavored to do so based on code that expressly prohibits use in such a way

* Repeatedly ignored valid communications from a citizen regarding failure of governance

Please advise as to the progress of this case.


Eric Neville





Cc: [email protected]

Resending to new email addresses on website per autoreply

At 12:03 PM -0700 2011.04.06, Quan, Jean wrote:

Thank you for your email. This is no longer Mayor Jean Quan's personal email. We are currently trying to sort out how we will be able handle the large volume of mail received by the Mayor's office. If you are inviting the Mayor to an event, [email protected] or cal 238-3141. If you are looking for general assistance please call 444-2489 or visit our website at: <http://www2.oaklandnet.com/Government/o/Mayor/index.htm>http://www2.oaklandnet.com/Government/o/Mayor/index.htm


To: Jean Quan <[email protected]>



Cc: "Lindheim, Dan" <[email protected]>, "Derania, Ray" <[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Campos, Rafael" <[email protected]>, "Brunner, Jane"<[email protected]>, "Wald, Zachary" <[email protected]>, "Russo, John" <[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>,"Piedmont Avenue Neighborhood Improvement League" <[email protected]>, [email protected]

Dear Mayor Quan:

Please note the following 49 signs recently observed encroaching the right-of-way, and the expansion of violations when untended.









http://www2.oaklandnet.com/Government/o/Mayor/index.htm

Previously reported signs, north along the College Avenue corridor from Broadway:


5316 College (Khana Peena), 2 signs

5359 College (The Burrito Shop)

5377 College (Brass and Glass)

5400 Manila Avenue (Make Waves)

5406 College (Elegant Nail Salon)


5413 College (Alexander Pope)

5414 College (Chic)


5431 College (Elizabeth H)


5456 College (Atomic Garden)






(Curves)




5800 College (Great Harvest)


5817 College (See Jane Run)

5912 College (Somerset)

5925 College (Dreyer's)

6021 College (Spasso)


6093 Claremont Avenue (Genray)

6208 Claremont Avenue (Claremont Hair Salon)

6212 Claremont Avenue (Abby Photo), 2 signs


6309 College (Heartware)


Please also note these additional signs:

5300 Broadway (76 Station)

5254 College (College Point Cafe)

5255 College (Bay Functional Fitness)

5257 College (Marilyn Jaeger)

5273 College (Skin Care by Florence)

5362 College (Chu), sign about 7' tall

5409 College (Rockridge Barber Shop)

5463 College (Living Arts)

5804 College (Las Palmas)

5831 College (Stript)

5496 College (Pave)

6214 Florio Street (Finding Center)

6310 College (Safeway)


Eric Neville






Dear Mayor Quan:

What are your plans for addressing the issues raised by this case?


Eric Neville






Dear Mayor Quan:

I am concerned about a code enforcement matter that has been unresolved for over 3 years now. I have also become concerned about how such a matter could come to this point.































From the start of engaging Code Enforcement, emails were repeatedly ignored, as the record of communications contained herein attests, and this problem arose again and again all the way up the chain of command to the City Administrator. What I did hear back wasoften contradictory or dismissive. I was told that a sign on the sidewalk is a violation and carries a fine, yet no fines have been collected despite dozens of violations reported and ongoing for years. I was even told at one point that no violations existed, suddenly and aftermonths of reporting dozens of signs on the sidewalk, and when I then provided photographic evidence of 37 signs on the sidewalk, I heard no response. I was told that violations had been recorded, and then told that there was no record of any violations. Again, all this isreflected in the communications below.

There was even an abortive proposal to legalize all violations under a blanket encroachment permit, which would have affected dozens of existing violations and opened the door to scores more locally and set a precedent for untold more citywide. The proposed fee forthis blanket permit was less than the fee for 4 single encroachment variances. And this proposal was advanced under law that explicitly prohibits encroachment for advertising.

All the while, reported violations have persisted, new signs have been placed on the sidewalk, placed in multiples by single establishments, placed remotely from establishments, placed by upper-story establishments and establishments without walk-in patronage, locked topublic property, signs over 5 feet tall have been regularly placed on the sidewalk, and nearby signs have been placed on the street median. Even this information elicited no response from City administration.

This is an intolerable state of affairs for numerous reasons. It fails to collect available income, and does so during economic crisis. It is completely inappropriate treatment of a citizen with a valid and legal concern. It undermines the voluntary reporting that the City's CodeEnforcement system relies upon. It creates an impossible contradiction for City inspectors trying to reconcile a publicly stated de jure policy of enforcement for which they are responsible against an evidently implicit de facto policy of looking the other way, upon which theirjobs would inferentially rely. It creates an ambiguous business environment, anathema particularly to small business which lacks the resources and connections to hazard legal entanglements. In short, it is no way to run a city.

The proliferation of advertising is becoming so pervasive as to be nearly inescapable in our lives. Self-serving interests look to exploit every last iota of our attention without regard to the impact on the lives of those they seek to sway. It is up to us, through our self-governance, to see the bigger picture and steer the ship of state towards a future better for the people - the people - living in it. Please do not surrender to another tragedy of the commons. Please do not mindlessly cede this corner of our public space, the right-of-way ofour sidewalks, to an unchecked avarice normalized by the ceaseless gnawings of those least constrained by thoughts of the common good. We have the tools to protect ourselves. Please use them.

The problem with illegal signage has only gotten worse as violations have been willfully neglected, and it can only be expected to worsen still if left untended further. Please see that the rules we have are enforced consistently and reliably, that enforcement staff is givenclear and open objectives and evaluated by performance on such, and that personnel at all levels respond appropriately when engaged by citizens on valid issues.


Eric Neville


To: "Lindheim, Dan" <[email protected]>



Cc: "Dellums, Ronald V" <[email protected]>, "Derania, Ray" <[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Campos, Rafael"<[email protected]>, "Brunner, Jane" <[email protected]>, "Wald, Zachary" <[email protected]>, "Russo, John" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>

Dear Administrator Lindheim:

Please note that I have not yet received any response to my email sent back in October. This matter has been unresolved for years now and cannot reasonably be expected to resolve itself.


Eric Neville





Cc: "Dellums, Ronald V" <[email protected]>, "Derania, Ray" <[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Campos, Rafael"<[email protected]>, "Brunner, Jane" <[email protected]>, "Wald, Zachary" <[email protected]>, "Russo, John" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


I remain concerned that this matter persists unresolved, as per my previous email, to which I have received no response in over a month.

Eric Neville





Cc: "Dellums, Ronald V" <[email protected]>, "Derania, Ray" <[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>,"Campos, Rafael" <[email protected]>, "Brunner, Jane" <[email protected]>, "Wald, Zachary" <[email protected]>, "Russo, John" <[email protected]>, "Jain, Kiran C"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


I am concerned that this issue of signs on the sidewalk remains completely unresolved, going on three years now as the included record of communication attests. I am concerned that legalizing existing violations, as I have learned that somehave advocated, would be myopic. I am also concerned about Oakland's apparently endemic legal inconsistencies. Furthermore, I am concerned by a demonstrated pattern of treatment by government that strongly dissuades citizen engagementin the governance and betterment of Oakland.

Certainly, I am concerned about the initial issue of signs being placed illegally on the sidewalk. It is an exploitation of public space for private gain, executed without regard to the visual environment, or public access for that matter. For historicalreference, I would note the costs and challenges involved in removing billboards that were previously allowed to proliferate in Oakland to the acknowledged degradation of our quality of life. This is a real issue, the consequences of our handlingof which will be felt by future generations of Oaklanders.

I am also concerned that efforts to legalize signage currently being placed in violation by a fraction of establishments is blind to logical extrapolation, the natural conclusion of which would be many, many times more signs than we already see. Legalization of sidewalk signage would likely mean a future where not just a fraction but most establishments entitled to advertise with signs on the sidewalk would do so, vying in an environment where it is the competitive standard. A lawattempting to allow some types of signage on sidewalks and not others would be more complex than the existing code, costing even more in personnel hours for the frequent enforcement required for dynamic issues like day-to-day placement. For reference, note that already signs have been placed by upper-floor establishments, by non-walk-in businesses, in multiples, and locked to public property. Since these violations were reported, and have persisted unabated, yet more signshave been placed on College Avenue sidewalks, placed in the median on Broadway, elsewhere placed square in the middle of the sidewalk, and even more locked to public property.

I am also concerned by the ongoing inconsistencies between Oakland's laws and actions. When I initially raised this issue with city staff, I was informed unequivocally that placing signs on the sidewalk is a violation, with substantial penaltiesconsequent, as the record attests. The enforcement response subsequently manifested by the city demonstrated a different reality, however, again as the record attests. I was amazed even further to learn that, in the attached letter of 14 January2010, the city even proposed legalizing signage under code that actually explicitly forbids use for advertising. Where is the clarity and consistency that undergird the concept of law? The fundamental principle at stake is fairness in the face ofthe power of government. As if that were not a big enough cause, I would observe that the single most important quality of good governance with regard to business is predictability, with clarity from the outset and reliability through time. Such isquite lacking in this case, to the detriment of the business environment.

I must also note the inescapable concerns implied in this case regarding citizen interaction with government in Oakland. In the course of following up on this issue, this citizen's valid emails were repeatedly ignored, reports of such themselvesdisregarded, evidence dismissed, and the general impression given that information salient to the status of the city and its governance was burdensome and not desired. Certainly, the history indicates no clarity at all about what violations areworth a citizen's time to report. This seems of particular worry for a code enforcement system dependent on citizen participation. I would surmise that the striking inconsistencies between statement and action must be problematic for the goodpeople employed by the city, as well.


Eric Neville





Cc: "Dellums, Ronald V" <[email protected]>, "Derania, Ray" <[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis,Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "Brunner, Jane" <[email protected]>, "Wald, Zachary"<[email protected]>, "Kim, Nila" <[email protected]>, "Russo, John" <[email protected]>, "Jain, Kiran C" <[email protected]>,"Rockridge Community Planning Council" <[email protected]>, "Piedmont Avenue Neighborhood Improvement League" <[email protected]>


I am concerned that the lack of reliable enforcement of clear rules has led, predictably, to yet further violations. In addition to the many signs that continue to be regularly placed on the sidewalk alongCollege Avenue, the Christmas tree lot at Broadway and Coronado Avenue has be placing sandwich board signs in the street, on the median, and distally at the intersections of 51st Street and Broadway

as well as 51st Street and Telegraph Avenue. Also, an apartment complex has been chaining a sign with a padlock to a storm drain grating at the intersection of Broadway and Clifton Street.


Eric Neville

At 1:13 PM -0700 2009.10.20, Brunner, Jane wrote:


Date: Tue, 20 Oct 2009 13:13:19 -0700

From: "Brunner, Jane" <[email protected]>


Cc: "Wald, Zachary" <[email protected]>, "Kim, Nila" <[email protected]>

We do not have the details yet city staff is working on them. I have Zach Wald to help you with this. He is working with city staff.

Jane


To: "Brunner, Jane" <[email protected]>, "Kim, Nila" <[email protected]>



Cc: "Dellums, Ronald V" <[email protected]>, "Lindheim, Dan" <[email protected]>, "Derania, Ray" <[email protected]>, "Renwick $Holloway$,Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "Calabrese, Christine"<[email protected]>, "Mayor's Commission on Persons with Disabilities c/o Adriana Mitchell" <[email protected]>, "Russo, John"<[email protected]>, "Jain, Kiran C" <[email protected]>, "Rockridge Community Planning Council" <[email protected]>, "Piedmont AvenueNeighborhood Improvement League" <[email protected]>, "Standing Together for Accountable Neighborhood Development" <[email protected]>

Dear Council President Brunner:

I have heard that an offer of a blanket encroachment permit has been extended for the entire length of College Avenue, and that this blanket permit has been priced at less than the combined cost of 3individual permit applications. Is this true? If so, what are the specifics of the offer? Why is a blanket variance being offered in this case? Why, with Oakland's budget concerns and 37 signs in violationat last count, would such an extreme discount be offered? What public noticing is planned regarding this variance?


Eric Neville


To: "Jain, Kiran C" <[email protected]>


Subject: Re: Merchant Signage on Sidewalks

Cc: "Russo, John" <[email protected]>, "Parker, Barbara" <[email protected]>, "Laden, Vicki"<[email protected]>, "Lee, Heather" <[email protected]>, "Brunner, Jane" <[email protected]>, "Kim, Nila"<[email protected]>, "Dellums, Ronald V" <[email protected]>, "Lindheim, Dan" <[email protected]>, "Derania, Ray"<[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>,"Campos, Rafael" <[email protected]>, "Calabrese, Christine" <[email protected]>, "Sanjiv Handa" <[email protected]>,"Matier and Ross" <[email protected]>, "Chip Johnson" <[email protected]>, "Kelly Rayburn"<[email protected]>, "Rockridge Community Planning Council" <[email protected]>

Dear Attorney Jain:

Thank you for your letter of September 24 (copy attached). Please be advised that, reports to the contrary notwithstanding, merchant signage most certainly is not in compliancealong College Avenue. The day following your letter, a Friday, I witnessed 37 violations. Please see list below and photographs attached.

A primary, though hardly isolated, cause for my escalated concern in this case is that the truth, stewarded by a single citizen, has thus far apparently been overcome by the civicapparatus. Indeed, as I have said previously, at this point this case goes beyond the initial issue of the violations themselves, and to the veracity of the Code Enforcementsystem, as well as the functionality of Oakland city government generally, though I realize that this exceeds your purview.

With regard to your referral to Inspection Manager Antoinette Renwick, please note that she was the person in Code Enforcement to whom this matter was originally referred in2007 and has been copied on all but a single early email that I have sent since (and she was subsequently copied that email), so referral to her for the purpose of oversight orreview does not seem fitting in this case. Indeed, this case had already been escalated to the Director of Building and then the City Administrator prior to my contacting youroffice.

Thank you for your referral to ADA Cooridinator Christine Calabrese.

-

Signs encroaching the right-of-way along the College Avenue corridor, north from Broadway:



5321 College (Sun Flower)

5377 College (Brass and Glass)

5400 College (Filippo's Pastaria)

5405 College (Recapture)

5406 College (Elegant Nail Salon)



5414 College (Chic)


5431 College (Elizabeth H)




5525 College (Tootsies)


5620 College (Becky's Chinese Restaurant)




(Curves)




5925 College (Dreyer's)

6052 College (Vero)


6093 Claremont (Genray)

6201 Claremont (76 Automotive Servicing), on Claremont about 100' from College

6208 Claremont (Claremont Hair Salon)

6212 Claremont (Abby Photo), 3 signs

6309 College (Heartware)

6311 College (Lulu Rae)


-


Eric Neville


To: "Calabrese, Christine" <[email protected]>


Subject: Re: Merchant Signage on Sidewalks

Cc: "Jain, Kiran C" <[email protected]>, "Russo, John" <[email protected]>, "Parker, Barbara"<[email protected]>, "Laden, Vicki" <[email protected]>, "Lee, Heather" <[email protected]>, "Derania,Ray" <[email protected]>

Attachments:

Dear Coordinator Calabrese:

I reported to Code Enforcement in 2007 that signs were being placed in the public right-of-way along College Avenue. I have thus far, unfortunately, been unable to elicitabatement of these violations and have pursued the matter since. I raised concerns about ADA access with the office of the City Attorney, and was referred to your office. Please permit me to copy you on continuing followup for the purpose of apprising you on the specifics in your capacity. If you have any questions of me on this matter, pleasedo inquire.

Please find attached the two reports that I received from Code Enforcement on this matter.

Yours,

Eric Neville

At 11:41 AM -0700 09.9.24, Jain, Kiran C wrote:

Subject: Merchant Signage on Sidewalks

Date: Thu, 24 Sep 2009 11:41:41 -0700

From: "Jain, Kiran C" <[email protected]>


Cc: "Russo, John" <[email protected]>,


"Laden, Vicki" <[email protected]>,



Dear Mr. Neville,

John Russo asked me to respond to your emails regarding merchant signage on sidewalks, which I have attached to this email.

Please let us know if you have any questions. Thank you for contacting our office.

Regards,

Kiran

Kiran C. Jain | Deputy City Attorney, Land Use & Development

Office of the City Attorney | One Frank H. Ogawa Plaza, Sixth Floor | Oakland, CA 94612

Tel: 510.238.3837 | Fax: 510.238.6500 | <mailto:[email protected]>[email protected]

<http://www.oaklandcityattorney.org/>http://www.oaklandcityattorney.org/


To: "Brunner, Jane" <[email protected]>



Cc: "Dellums, Ronald V" <[email protected]>, "Lindheim, Dan" <[email protected]>, "Derania, Ray"<[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>,"Campos, Rafael" <[email protected]>, "Russo, John A." <[email protected]>, "Kim, Nila" <[email protected]>, "Matierand Ross" <[email protected]>

Bcc:

X-Attachments: :Macintosh HD:406095:Sandwich Boards.doc: :Macintosh HD:406095:Sandwich Boards 2009.doc:

Dear Council President Brunner:

I am disappointed and incredulous to find myself writing on this matter. In 2007, I contacted the City about abatement of multiple code violations of like kind, and was referred toCode Enforcement. Unfortunately, not only have the violations persisted, but correspondence sent to the City has been continually and repeatedly dismissed, and the treatmentof this citizen with a valid and legal concern has devolved to a level of disrespect completely unwarranted and inappropriate, as reflected apically in the most recent email fromthe Chief of Building Services, v.i.

The initial issue was the placement of commercial advertising in the public right-of-way of sidewalks. This is a concern for normal passage, particularly for those with additionalmobility concerns, as codified in the Americans with Disabilities Act. Furthermore, it is a matter of exploitation of public space for private enrichment, as well as visual blight andthe ceaseless encroachment of advertising into every aspect of modern life. These are issues addressed by establishment of policy, however.

The enforcement of policy, as prohibiting signs on the sidewalk, goes to fundamental fairness in daily existence, notably in this case with regard to the business environment, andit is code enforcement that comes into question in this case. Lax enforcement of business laws abandons businesses to the compulsions of the conscienceless forces ofcompetition, here pushing even would-be law-abiding establishments to follow suit in flouting the laws prohibiting encroachment of the right-of-way as they struggle to compete intheir niche and rent against violators. Proprietors in good faith rely on the City to enforce its rules so that they may survive and do so with integrity.

The City of Oakland relies, in turn, on citizens to report code violations. The most self-defeating action for the City in this bailiwick is to discourage citizens from making theeffort to maintain the well-being of their community, business or otherwise. Yet, that is unfortunately what the history of interaction recorded below indicates is happening.

I had initially been quite patient with the wheels of administration. I regularly allowed at least a week to receive a response. I escalated one level at a time, and only asunresponsiveness necessitated, from Inspector to Supervisor, to Manager, to Chief, to Administrator. However, at each each level of authority, emails have been neglected, oftenfor a week or more. Almost half my emails, some 40 in total, simply received no reply at all. Many times, though in less dramatic fashion than in this latest email, replies thatwere received were only nominally responsive, lacking productive content such as answers to questions in the email to which they purportedly responded.

The tenor of the most recent email received is beyond the pale. Chief Derania clearly does not even attempt to address the issues, simply reiterating in bold red typeface that:

"Abating violations within the time prescribed in our notices obviates the assessment of fees. "

This is not even a logical response to the question of billing already established as in process in January, setting aside the tone. The email in its entirety demonstrates apresumptive disregard for the citizen and the validity of their voice and message. Meanwhile, the signs remain on the sidewalk for anyone to see.

This sort of treatment of a citizen is completely inappropriate per se, and wholly counterproductive for a system dependent on citizen input. I would note that I previously raisedthe issue of this dysfunction with the City Administrator's office, however to no avail. At this point, this is a matter of not only rectifying an abscessed group of violations, but ofaddressing a dysfunctional code enforcement system, as well as the treatment of citizens by staff, and the functionality of Oakland government generally.




http://ttorney.org/




http://www.oaklandcityatt/



http://orney.org/

Please note that the Rockridge News is planning an article on signs violating the of public right-of-way and enforcement actions against such, a topic of established history andsubstance.

Please find attached the two reports referenced in the history of correspondence below.


Eric Neville



Date: Thu, 17 Sep 2009 07:21:55 -0700



Mr. Neville -


Ray Derania



To: Derania, Ray



Dear Chief Derania:














Eric Neville


To: "Derania, Ray" <[email protected]>



Cc: "Lindheim, Dan" <[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris"<[email protected]>, "Campos, Rafael" <[email protected]>, "Russo, John A." <[email protected]>, "Brunner, Jane"<[email protected]>, "Kim, Nila" <[email protected]>

Dear Chief Derania:








Eric Neville


To: "Russo, John A." <[email protected]>



Cc: "Lindheim, Dan" <[email protected]>, "Derania, Ray" <[email protected]>, "Renwick$Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>,"Campos, Rafael" <[email protected]>, "Brunner, Jane" <[email protected]>, "Kim, Nila"<[email protected]>

X-Attachments: :Macintosh HD:406095:Sandwich Boards.doc: :Macintosh HD:406095:Sandwich Boards 2009.doc:

Dear City Attorney Russo:

I am concerned by the legal ramifications of ongoing neglect of violations by Code Enforcement, specifically the placement of signs inthe public right-of-way. I have alerted Community and Economic Development Agency administration to these concerns, unfortunately tono avail.

The most immediate concern would seem to be the liability posed to the City under the Americans with Disabilities Act by neglect ofsidewalk obstruction. A more systemic concern would seem to be the fostering of a business environment in which violation of City codeis seen as a norm, if not a competitive necessity in the absence of penalties.

I have inquired why no fines have been collected by Code Enforcement despite multiple violations ongoing since 2007, but havereceived no explanation. Please note the record of correspondence (below) and reports referenced therein (attached).


Eric Neville



Date: Thu, 10 Sep 2009 11:33:35 -0700



Mr. Neville -

Thank you for your reply. Please refer to our September 3rd e-mail (below) for our response.

Ray Derania


Sent: Tuesday, September 08, 2009 9:44 AM

To: Derania, Ray

Cc: Lindheim, Dan; Renwick (Holloway), Antoinette; Lewis, Chris; Campos, Rafael; Brunner, Jane; Kim, Nila


Dear Chief Derania:

Thank you for your message on this issue that goes to the fundamentals of the functioning of our city. Naturally, the primafacie focus in this case is the abatement of these violations. Given the persistence of these violations, now ongoing since2007, reasonable questions have been asked about enforcement proceedings, including the collection of fines. Unfortunately, response to this followup has been continually problematic, as reflected in the history of correspondencecollected below. If this characterization of the facts is disputed, please specify.

Regarding specificity, the question as to fee charges and dismissal was based on Supervisor Lewis's message of January26, 2009, that billing was in process for multiple locations and Manager Renwick's message of July 14, 2009, in responseto followup , that three properties requested and received extensions for non-compliance, and were not fined subsequentto reinspection. If records of fee charges differ from that account, it would seem to merit investigation.

With budgeting a concern for the City, as you referenced, the lack of fine collection is all the more curious. With manyviolations confirmed by the City and persisting for months, why have no fines been collected? Are repeat violations notimmediately assessed a fee of $953? Have inspections found no repeat violations? What became of the fees for whichbilling was in process in January?

It is also important to note that this issue goes to the functionality of the business environment in Oakland. Particularly inlight of the difficult economic times, promotion of a business is a competitive imperative, and if the de facto rules allow forplacing signs on the sidewalk, then a strong incentive exists to motivate such, even if illegal. Please note that the numberof locations with such violations actually increased considerably since reports to Code Enforcement were initially made, asadditional businesses apparently observed that the right-of-way could be encroached upon without penalty and followedsuit accordingly. This situation leaves businesses that comply with the law at a promotional and thus competitivedisadvantage, which is clearly a systemic concern for city governance, particularly once a tipping point is reached whereviolation is perceived as a norm.




Please also note that neglect of sidewalk obstructions poses considerable financial liability to the City under the Americanswith Disabilities Act.

The repeated emphasis on arranging meetings seems surprising given the lack of reliability in simply receiving responsesto basic correspondence heretofore, as well as the statements as to limited staff time generally. Meetings would not seemthe top priority while clear violations persists, with multiple signs still being regularly and obviously placed in the publicright-of-way. However, please do elucidate without delay as to the department's goals, priorities, limitations, andeffectiveness. Such information would certainly contribute to a more informed, efficient, and effective discussion.

Finally, please update as to the results of Inspector Campos's August 12 inspection, including locations of confirmedviolations. Such information allows for pertinent citizen reporting of repeat violations.


Eric Neville

Mr. Neville -

Thank you for your continuing interest in Oakland and involvement with your neighborhood. While ourunderstanding of the chronology of our mutual interactions (and our enforcement actions) differs from yours,we sincerely appreciate your concern for the businesses, patrons, and residents along the College Avenuecorridor.

As you may be aware from recent media focus on the City's budget anomalies, we have been appreciablyimpacted by staffing constraints in your District, adjoining Districts, and elsewhere in the City. We are (for themost part) the sole-source responder to service requests for Municipal Code violations on private propertyand the right-of-way (where related to private property actions or inactions). Consequently, prioritizing ourresponsiveness is an ever-escalating challenge.

As you know, we have suggested to you (on a previous occasion or two) that a meeting would be theappropriate venue to assist us with reaching a mutual understanding of goals, priorities, limitations, andeffectiveness. Our experience has been that the involvement (and attendance) of your neighbors would beextremely helpful in reaching consensus for next-step action(s). To this end, we await your assemblage ofinterested parties for our next interaction.

As for your most recent inquiry (below) concerning assessments, we do not have a recent record either ofhaving charged fees-for-service or having reversed any charges. Abating violations within the timeprescribed in our notices obviates the assessment of fees.

Ray Derania


Cc: "Lindheim, Dan" <[email protected]>, "Renwick $Holloway$, Antoinette"<[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael"<[email protected]>, "Brunner, Jane" <[email protected]>, "Kim, Nila"<[email protected]>

Dear Chief Derania:

Thank you for your message on this issue that goes to the fundamentals of the functioning of our city. Naturally, the primafacie focus in this case is the abatement of these violations. Given the persistence of these violations, now ongoing since2007, reasonable questions have been asked about enforcement proceedings, including the collection of fines. Unfortunately, response to this followup has been continually problematic, as reflected in the history of correspondencecollected below. If this characterization of the facts is disputed, please specify.

Regarding specificity, the question as to fee charges and dismissal was based on Supervisor Lewis's message of January26, 2009, that billing was in process for multiple locations and Manager Renwick's message of July 14, 2009, in responseto followup , that three properties requested and received extensions for non-compliance, and were not fined subsequentto reinspection. If records of fee charges differ from that account, it would seem to merit investigation.

With budgeting a concern for the City, as you referenced, the lack of fine collection is all the more curious. With manyviolations confirmed by the City and persisting for months, why have no fines been collected? Are repeat violations notimmediately assessed a fee of $953? Have inspections found no repeat violations? What became of the fees for whichbilling was in process in January?

It is also important to note that this issue goes to the functionality of the business environment in Oakland. Particularly inlight of the difficult economic times, promotion of a business is a competitive imperative, and if the de facto rules allow forplacing signs on the sidewalk, then a strong incentive exists to motivate such, even if illegal. Please note that the numberof locations with such violations actually increased considerably since reports to Code Enforcement were initially made, asadditional businesses apparently observed that the right-of-way could be encroached upon without penalty and followedsuit accordingly. This situation leaves businesses that comply with the law at a promotional and thus competitivedisadvantage, which is clearly a systemic concern for city governance, particularly once a tipping point is reached whereviolation is perceived as a norm.

Please also note that neglect of sidewalk obstructions poses considerable financial liability to the City under the Americanswith Disabilities Act.

The repeated emphasis on arranging meetings seems surprising given the lack of reliability in simply receiving responsesto basic correspondence heretofore, as well as the statements as to limited staff time generally. Meetings would not seemthe top priority while clear violations persists, with multiple signs still being regularly and obviously placed in the publicright-of-way. However, please do elucidate without delay as to the department's goals, priorities, limitations, andeffectiveness. Such information would certainly contribute to a more informed, efficient, and effective discussion.

Finally, please update as to the results of Inspector Campos's August 12 inspection, including locations of confirmedviolations. Such information allows for pertinent citizen reporting of repeat violations.


Eric Neville



Date: Thu, 3 Sep 2009 07:46:10 -0700



Mr. Neville -

Thank you for your continuing interest in Oakland and involvement with your neighborhood. While ourunderstanding of the chronology of our mutual interactions (and our enforcement actions) differs from yours,

we sincerely appreciate your concern for the businesses, patrons, and residents along the College Avenuecorridor.

As you may be aware from recent media focus on the City's budget anomalies, we have been appreciablyimpacted by staffing constraints in your District, adjoining Districts, and elsewhere in the City. We are (for themost part) the sole-source responder to service requests for Municipal Code violations on private propertyand the right-of-way (where related to private property actions or inactions). Consequently, prioritizing ourresponsiveness is an ever-escalating challenge.

As you know, we have suggested to you (on a previous occasion or two) that a meeting would be theappropriate venue to assist us with reaching a mutual understanding of goals, priorities, limitations, andeffectiveness. Our experience has been that the involvement (and attendance) of your neighbors would beextremely helpful in reaching consensus for next-step action(s). To this end, we await your assemblage ofinterested parties for our next interaction.

As for your most recent inquiry (below) concerning assessments, we do not have a recent record either ofhaving charged fees-for-service or having reversed any charges. Abating violations within the timeprescribed in our notices obviates the assessment of fees.

Ray Derania


Sent: Tuesday, September 01, 2009 9:03 AM

To: Derania, Ray

Cc: Lindheim, Dan; Renwick (Holloway), Antoinette; Lewis, Chris; Campos, Rafael; Brunner, Jane; Kim, Nila


Dear Chief Derania:

This is the eighth email sent since July 15 in pursuit of basic information regarding this long persisting groupof violations: what are the only three locations issued fines, and when were those fines dismissed?

Please note that this is the fifth time that lack of response by Code Enforcement has necessitated escalationto your office.

Please also note that concern has been previously expressed to your office about the extent of the lack ofresponsiveness by Code Enforcement, which has been continual since 2007.

I look forward to receipt of the information requested, as well as and timely and productive responses in thefuture.


Eric Neville





Cc: "Lindheim, Dan" <[email protected]>, "Renwick $Holloway$,Antoinette" <[email protected]>, "Lewis, Chris"<[email protected]>, "Campos, Rafael" <[email protected]>,"Brunner, Jane" <[email protected]>, "Kim, Nila"<[email protected]>

Dear Chief Derania:

This is the eighth email sent since July 15 in pursuit of basic information regarding this long persisting groupof violations: what are the only three locations issued fines, and when were those fines dismissed?

Please note that this is the fifth time that lack of response by Code Enforcement has necessitated escalationto your office.

Please also note that concern has been previously expressed to your office about the extent of the lack ofresponsiveness by Code Enforcement, which has been continual since 2007.

I look forward to receipt of the information requested, as well as and timely and productive responses in thefuture.


Eric Neville


To: "Renwick $Holloway$, Antoinette" <[email protected]>



Cc: "Lindheim, Dan" <[email protected]>, "Derania, Ray"<[email protected]>, "Lewis, Chris" <[email protected]>,"Campos, Rafael" <[email protected]>, "Brunner, Jane"<[email protected]>, "Kim, Nila" <[email protected]>

Dear Manager Renwick:

As I have inquired after in six emails since July 15, what are the only three locations issued fines, and whenwere those fines dismissed? This is salient information, since no fines have been collected in two years ofpersisting and proliferating violations, and more so in light of the potential City revenue represented.

Violations were observed to decrease substantially the week of August 12, abating for the first time in monthsin apparent consequence to Inspector Campos's inspection. However, repetitions of staff-confirmed violationsat the following locations were observed just the week after, August 17-21:


5414 College (Chic)



5422 College (Cafe Rustica)


5699 Miles Ave (Oriental Nails II)

Please also note repeat violations at the following previously reported locations:

5484 College (Citron)



310 Forest St (Right Angle)

5697 Miles (Cool Tops)



6052 College (Vero)

6309 College (Heartware, formerly Heartfelt)

6206 Claremont (Body, Mind & Spirit)

Also note these new violations:

5400 Manila Ave (Make Waves)

6093 Claremont (Genray)

6201 Claremont (76 Automotive Servicing), on Claremont about 100' from College

-

As previously, I look forward to meeting with staff when purposive. Until then, effective correspondencewould seem the most productive use of limited resources. I anticipate timely exchange of informationfacilitating effective cooperation in abating violations in future.


Eric Neville

At 4:36 PM -0700 09.8.24, Renwick $Holloway$, Antoinette wrote:

Mr. Nevil,

We have made every attempt to accommodate your request, along with trying to provide a reasonable response to other numerous complaints received in your district with limited resources. Staff continues to investigate your complaints, follow up with notices and re-inspections to insure the violations are addressed. Please see Inspector Rafael Campos summary concerning the status of your request. I am willing to assign staff to walk the areas with you to ensure we address all of your concerns and if this is not possible I am alsowilling to schedule an office meeting with you. I believe walking the areas with you would help us to better identify the valid violations and communicate our enforcement actions. I patiently wait to hear from you concerning my suggestion(s).

Inspector Campo's report:

Initially we began with a list of approximately 38 complaints. Records indicate that the public right of way (sidewalk) along College Ave is 10'-0" wide from face of curb beyond that would be considered private property. All business owners were verbally warned uponverification. 35 registered notices were sent and the compliance was significant. In one of Mr. Nevil's current e-mails he mentions 17 businesses in violation of which 12 where verified and sent notices. Upon my inspection on August 12th , those remaining where found incompliance and have pictures to substantiate. The complaints will be closed based on the results of inspection. As you know these types of complaints are moving targets. Needless to say the merchants were not happy and very concerned. Many hours went into abatingthese complaints, with inspections, notices, e-mails, updates and phone calls. I believe we have achieved our goal. We were able to abate these complaints without the need to fee charge the property owners/merchants

Antoinette Renwick

Inspections Manager

Community and Economic Development Agency

250 Frank H. Ogawa Plaza, 2 Flr

Oakland, CA 94612

bus. 510-238-6217, fax 510-238-2959

email: [email protected]


To: "Lindheim, Daniel" <[email protected]>


Subject: RE: FW: Sidewalk signage legality?

Cc: "Derania, Ray" <[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "Brunner, Jane"<[email protected]>, "Kim, Nila" <[email protected]>


I look forward to a response to my last email.


Eric Neville


To: "Lindheim, Daniel" <[email protected]>



Cc: "Derania, Ray" <[email protected]>, "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "Brunner, Jane"<[email protected]>, "Kim, Nila" <[email protected]>


Correspondence sent to Code Enforcement has repeatedly gone unanswered since 2007, as the extensive history below attests. For a reporting system dependent on citizen involvement, as Code Enforcement is, this would seem an administrative failure. Please advise.


Eric Neville





Cc: "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "Brunner, Jane" <[email protected]>, "Kim, Nila"<[email protected]>

Dear Chief Derania:

Correspondence sent to Code Enforcement has repeatedly gone unanswered since this group of violations was first reported 2007, as the extensive history below attests. This would seem to be an issue of considerable administrative concern. Please advise.


Eric Neville

Cc: "Derania, Ray" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "Brunner, Jane" <[email protected]>, "Kim, Nila"<[email protected]>




Eric Neville







I was surprised to learn, given the persistence and proliferation of these violations since 2007, that a total of only three fee charges have been issued, and that even these were later dismissed. What locations were issued fee charges, and whenwere these dismissed?


Eric Neville







Thank you for the additional information on fee charges. For what locations were extensions issued, and on what dates were they reinspected?

Please note that all signs reported as being in violation were observed on the sidewalk (e.g. not in a vestibule), on a weekday and, I believe, between 9:00 AM and 5:00 PM. While some signs have been placed in violation inconsistently, allreports reflect observed violations. The outstanding concern, naturally, is for cases such as the aforementioned multiple signs for Rockridge Dental, wherein signs have sat on what is clearly the public sidewalk, night and day, week in and weekout.

I look forward to meeting with staff when purposively appropriate. In the meantime, timely and informative replies to correspondence would seem the most expedient course for busy schedules.

Please note that your last email message again appeared obscured by HTML markup, and my response is based upon what text I was able to extract, indicated below.

Eric Neville

Extracted text:

-

Mr. Neville,

I am responding on behalf of Mr. Derania with the following update concerning the violations identified on College Avenue per your many emails. Staff has diligently pursued investigations of the noted sites and to date did not fee charge due tothe following:

Notices were issued to all property owners in violation and all but three properties were noted as in compliance on the scheduled re-inspection dates. Owners of the three properties that were not in compliance called and requested an extension,which was granted. The violations at these properties were also confirmed as abated when staff re-inspected the sites. Some of the signs were not located in the public right of way, therefore were not in violation.

Many of the reported violations were difficult to confirm because the hours when the violations (activity) were in place are non-specific, or due to the hours that these business are open made it difficult for staff to verify. However staff hasidentified several more locations with these violations, in addition to those listed in your May 26th email and is following up with the appropriate code enforcement action. Property owners out of compliance by the required due date will receive afee charge.

As previously stated, staff is willing to survey the area with you to address any additional concerns you may have.

Antoinette Renwick

Inspections Manager

Community and Economic

Development Agency


Oakland, CA 94612

bus. 510-238-6217, fax 510-238-2959


-

At 10:48 AM -0700 09.7.14, Renwick $Holloway$, Antoinette wrote:


Date: Tue, 14 Jul 2009 10:48:00 -0700

From: "Renwick $Holloway$, Antoinette" <[email protected]>



Cc: "Lewis, Chris" <[email protected]>,




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Mr. Neville,<o:p></o:p>


10.0pt;font-family:Arial;color:navy'><o:p> </o:p>


10.0pt;font-family:Arial;color:navy'>I am responding on behalf of Mr. Derania

with the following update concerning the violations identified on <st1:Street

w:st="on"><st1:address w:st="on">College Avenue</st1:address></st1:Street> per

your many emails. Staff has diligently pursued investigations of the

noted sites and to date did not fee charge due to the following:<o:p></o:p>



<ol style='margin-top:0in' start=1 type=1>

<li class=MsoNormal style='color:navy;mso-list:l0 level1 lfo1'>Notices

were issued to all property owners in violation and all but three properties

were noted as in compliance on the scheduled re-inspection dates.<o:p></o:p></li>


color=navy face=Arial>Owners

of the three properties that were not in compliance called and requested

an extension, which was granted. The violations at these properties

were also confirmed as abated when staff re-inspected the sites.<o:p></o:p></li>


color=navy face=Arial>Some

of the signs were not located in the public right of way, therefore were

not in violation.<o:p></o:p></li>

</ol>

<o:p> </o:p>


10.0pt;font-family:Arial;color:navy'>Many of the reported violations were

difficult to confirm because the hours when the violations (activity) were in place

are non-specific, or due to the hours that these business are open made it

difficult for staff to verify. However staff has identified several more locations

with these violations, in addition to those listed in your May 26th email

and is following up with the appropriate code enforcement action.

Property owners out of compliance by the required due date will receive a fee

charge. <o:p></o:p>




10.0pt;font-family:Arial;color:navy'>As previously stated, staff is willing to survey

the area with you to address any additional concerns you may have. <o:p></o:p>





<div>

Antoinette Renwick<o:p></o:p>


style='font-size:10.0pt;font-family:Arial;color:navy'>Inspections Manager<font

style='font-size:10.0pt;font-family:Arial;color:navy'>Community and Economic

Development Agency<o:p></o:p>


style='font-size:10.0pt;font-family:Arial;color:navy'>250 Frank H. Ogawa Plaza,

2 Flr<o:p></o:p>

<st1:place w:st="on"><st1:City w:st="on">Oakland</st1:City>, <st1:State w:st="on">CA</st1:State> <st1:PostalCode w:st="on">94612</st1:PostalCode></st1:place>bus. 510-238-6217, fax

510-238-2959<o:p></o:p>


style='font-size:10.0pt;font-family:Arial;color:navy'>email:

[email protected] <o:p></o:p>

</div>

<div>

<div class=MsoNormal align=center style='text-align:center'>

<hr size=2 width="100%" align=center tabindex=-1>

</div>

From: Eric Neville

[mailto:[email protected]] 

<snip>

Cc: "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "Jane Brunner" <[email protected]>, "Kim, Nila" <[email protected]>

Dear Chief Derania:



Eric Neville





Cc: "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "JaneBrunner" <[email protected]>, "Kim, Nila" <[email protected]>

Dear Chief Derania:

I have sent 11 emails since April 6 in an effort to learn whether fines have been collected in these cases. However, despite even yesterday's report from Inspector Campos, I have yet to receive ananswer. I am very concerned about the persistence and proliferation of these violations, apparently encouraged by a lack of penalties. What is the status of assessment and collection of fines for theseviolations?


Eric Neville

At 9:32 AM -0700 09.7.7, Campos, Rafael wrote:

Subject: FW: College Ave encroachments 2009

Date: Tue, 7 Jul 2009 09:32:54 -0700

From: "Campos, Rafael" <[email protected]>


Cc: "Lewis, Chris" <[email protected]>,

"Renwick $Holloway$, Antoinette" <[email protected]>,



Good day,

Attached is a matrix with the actions and results for the College Ave advertisement sign complaints. I have concluded our observations may vary for the followingreasons; the violation may not be verified because the violation occurs after hours (after 5pm, weekend, etc,). I understand how concerned you are for your neighborhood, forthat reason I would like to meet with you on site in an effort to clarify any doubts. I cannot verify the violation if I do not observe it. Thank for all of your collaboration.

Rafael Campos

Sr. Construction Inspector

510.238.6143

Sent: Monday, June 29, 2009 6:01 PM

To: Lewis, Chris; Renwick (Holloway), Antoinette

Subject: College Ave encroachments 2009

Chris & Toni,

I apologize for any inconvenience I have caused for not responding to Mr. Nevil in a prompt manner. Attached is the updated matrix. Please let me know if it hassufficient information or any updates requested.

Thank you,

Rafael





Cc: "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "JaneBrunner" <[email protected]>, "Kim, Nila" <[email protected]>

Dear Chief Derania:

Manager Renwick informed me that I would , by three weeks ago, be provided a comprehensive update of the enforcement proceedings against the previously reportedviolations. I have not received said update, nor a response to the follow-up email that I sent to Manager Renwick one week ago. Please advise.

Also, in addition to those reported May 26, please note violations at the following previously reported locations:

-

5338 College (Tarot Card Readings)



5456 College (Atomic Garden)


6052 College (Vero)

6208 Claremont (Claremont Hair Salon)

6309 College (Heartware, formerly Heartfelt)

-

As well as new violations at the following locations:

-

5484 College (Citron)


5510 College (Sahaira)

5620 College (Becky's Chinese Restaurant)

5697 Miles (Cool Tops)


6015 College (Breema)

6206 Claremont (Body, Mind & Spirit)


-


Eric Neville





Cc: "Derania, Ray" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>,"Brunner, Jane" <[email protected]>, "Kim, Nila" <[email protected]>


Your last email message appeared obscured by HTML markup, however the relevant text, extracted below, indicated that a spreadsheet updating the status of reported violationswould be provided by June 15th. However, no such update has been forthcoming. Please advise.


Eric Neville

Extracted text:

-

Mr. Neville,

First I must apologize for not responding to your email in a timely fashion. I have been ill for the past three weeks and Mr. Lewis has also been ill. In response to your requesta spread sheet will be emailed to you no later than Monday, June 15th detailing the status of each property.

The inspector Rafael Campos found many of the properties in compliance when he re-visited the sites in November 2008. However he recently confirmed that there are newsites that have violations and will receive notices to abate the violations. Property(s) confirmed with repeat violations will be immediately assessed a fee of $953. All of thisinformation will be chronicled in the spread sheet. Thank you for your attention and patience.

Antoinette Renwick

Inspections Manager

Community and Economic

Development Agency

Oakland, CA 94612


-

At 4:35 PM -0700 09.6.11, Renwick $Holloway$, Antoinette wrote:

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10.0pt;font-family:Arial;color:navy'>Mr. Neville,<o:p></o:p>




10.0pt;font-family:Arial;color:navy'>First I must apologize for not responding

to your email in a timely fashion. I have been ill for the past three

weeks and Mr. Lewis has also been ill. In response to your request a

spread sheet will be emailed to you no later than Monday, June 15th detailing

the status of each property.<o:p></o:p>




10.0pt;font-family:Arial;color:navy'>The inspector Rafael Campos found many of

the properties in compliance when he re-visited the sites in November 2008. However

he recently confirmed that there are new sites that have violations and will

receive notices to abate the violations. Property(s) confirmed with “repeat

violations” will be immediately assessed a fee of $953. All of this

information will be chronicled in the spread sheet. Thank you for your

attention and patience.<o:p></o:p>



<div>


style='font-size:10.0pt;font-family:Arial;color:navy'>Antoinette RenwickInspections ManagerCommunity and Economic

Development Agency250 Frank H. Ogawa Plaza,

2 Flr<o:p></o:p>

<st1:place w:st="on"><st1:City w:st="on">Oakland</st1:City>, <st1:State w:st="on">CA</st1:State> <st1:PostalCode w:st="on">94612</st1:PostalCode></st1:place>bus. 510-238-6217, fax

510-238-2959<o:p></o:p>


style='font-size:10.0pt;font-family:Arial;color:navy'>email:

[email protected] <o:p></o:p>

<snip>

Cc: "Renwick $Holloway$, Antoinette" <[email protected]>, "Lewis, Chris" <[email protected]>, "Campos, Rafael"<[email protected]>, "Jane Brunner" <[email protected]>, "Kim, Nila" <[email protected]>

Dear Chief Derania:

I have been unable to learn the status of enforcement proceedings against previously reported code violations, despite repeated inquiries to Code Enforcement. Please advise.


Eric Neville





Cc: "Lewis, Chris" <[email protected]>, "Campos, Rafael" <[email protected]>, "Derania, Ray" <[email protected]>, "Kim, Nila" <[email protected]>


Please inform me on the progress of enforcement, including fine collection. I am deeply concerned by the persistence and proliferationof these violations.


Eric Neville



I have been unable to learn the status of fines from Supervisor Lewis, despite repeated requests. Response to my inquiryhas been nominal, unpredictable, and often nonexistent. For instance, the last response that I received appeared to followmy email of last week, but was only sent after I had sent a subsequent email yesterday, and the response was notable fornot addressing the point of inquiry in either of my emails.

I am simply endeavoring to know the status of enforcement proceedings against a group of violations, some of which havebeen continuous since first being reported in 2007, and which by their visible persistence have apparently encouragedadditional violations of like kind.


Eric Neville

At 10:52 AM -0700 09.6.1, Lewis, Chris wrote:

Date: Mon, 1 Jun 2009 10:52:27 -0700

From: "Lewis, Chris" <[email protected]>


Cc: "Campos, Rafael" <[email protected]>,

"Renwick $Holloway$, Antoinette" <[email protected]>,



The complaint locations will be entered into the complaint tracking system and investigated.

-CL


Sent: Tuesday, May 26, 2009 3:11 PM

To: Lewis, Chris

Cc: Campos, Rafael; Renwick (Holloway), Antoinette; Derania, Ray; Kim, Nila


Dear Supervisor Lewis:

Please update me on the collection of the previously discussed fines.

Please also note ongoing violations at these previously reported locations along College Ave:

5297A (Sports & Orthopedic Leaders)

<snip>



Please update me on the progress of fine collection on these multiple and long outstanding cases. I amconcerned about the follow-through of enforcement because establishments are flouting the law, asevidenced by the persistence and even proliferation of violations, listed in my email of last week. Apparently,establishments are inferring that penalties are not forthcoming. One of the establishments cited for fining(Rockridge Dental) has had multiple signs in the right-of-way almost everyday since the violations werereported to Code Enforcement in 2007.


Eric Neville


To: "Lewis, Chris" <[email protected]>



Cc: "Campos, Rafael" <[email protected]>,"Renwick (Holloway), Antoinette"<[email protected]>, "Derania, Ray"<[email protected]>, "Kim, Nila"<[email protected]>

Please update me on the collection of the previously discussed fines.

Please also note ongoing violations at these previously reported locations along College Ave:

5297A (Sports & Orthopedic Leaders)

5316 (Khana Peena)

5400 (Filippo's Pastaria)

5407 (Bella Vita)

5414 (Chic)

5416 (Namaste Rockridge)

5427 (Bittersweet)

5517 (Who's Your Betty)

5655 (Rockridge Dental)

On Shafter Ave, about 100' west of College Ave:

(Rockridge Dental) in addition to the sign at 5655 College Ave

(Curves)

On Miles Ave, just west of College Ave:

5699 Miles Ave (Oriental Nails II)

5811 (Cuttin' Up)

6021 (Spasso's)

At corner of Florio St:

(Breema Clinic)

On Claremont Ave, about 50' east of College Ave:

(Abby Photo)

Please further note these additional violations along College Ave:

5299 (Currylicious)

5377 (Brass and Glass)

5422 (Cafe Rustica)

5701 (Cafe Lyon)

5925 (Dreyer's)

6323 (La Farine)

On College Ave (east side), about 50' north of Claremont Ave:

(Union 76)


Eric Neville

At 3:39 PM -0700 09.5.6, Lewis, Chris wrote:

I will try to research tomorrow.

-CL


Sent: Tuesday, May 05, 2009 8:36 AM


To: Lewis, Chris




Please update me on the locations that you listed:


5407 & 5409 College, 5475 College, 5655 College continue to place signs in the side walk area, billing for the failure to comply is in process.

Please note that the business reported for 5655 College Avenue (Rockridge Dental) has continued unabated in placing signs on the sidewalk, and doing so at two locations: on College Avenue approximately 50 feet south of Shafter Avenue, and also on Shafter Avenueapproximately 100 feet west of College Avenue.


Eric Neville


Eric,

Our unit, Engineering Inspection, does not track billing and collections. The first fee charged inspection is usually close to $1,400. If you have a particular business in mind, you can forward me the address and I will attempt to get the complaint history and billinginformation, if any.

-Chris


Sent: Monday, May 04, 2009 11:53 AM

To: Lewis, Chris




I still have not received a response to my email of April 6th.


Have the fines for the violations that you listed been collected yet? How much does the City receive per fine?


Eric Neville



Have these fines been collected yet? How much does the City receive per fine?


Eric Neville


5407 & 5409 College, 5475 College, 5655 College continue to place signs in the side walk area, billing for the failure to comply is in process.

Chris Lewis

Construction Inspection Supervisor

CEDA/Building Services/Engineering Inspection


Sent: Wednesday, January 21, 2009 10:24 AM

To: Lewis, Chris




Please update me on the progress of enforcement, specifically including locations at which persistent violations have been recorded and the dates for actions pending against them.


Eric Neville


I look forward to it. Thank you.

Eric Neville


I will be working on a report and forwarding you the information as it becomes available.

Chris Lewis





Sent: Thursday, October 23, 2008 1:19 PM

To: Lewis, Chris




I have not seen a response to my last email. What locations are scheduled for inspection and what is the status of enforcement proceedings against them?


Eric Neville



I would be happy to report violations to tasked staff in order to facilitate entry into the complaint tracking database. To what email address should I direct my reports?

Regarding the violations that I have already reported, what locations are scheduled for inspection and what is the status of enforcement proceedings against them?


Eric Neville



Mr. Neville,

Sorry for my abrupt answer in an earlier email. I have an inspector who worked on the earlier enforcement campaign who can do a follow up inspection in a couple of weeks. Currently we are trying to inspect all of the construction related gradingprojects in the City for the coming wet weather season. The best way for us to maintain a list of repeat offenders is for you to phone 238-3381 with the street address and business name. The phone call will be entered into the complaint trackingdata base, will be easier for more individuals to extract information and hopefully offer better service. If that does not work for you, call me at 238-7734 and give me the address and business information.

Thanks,

Chris Lewis




Sent: Monday, October 13, 2008 5:22 PM

To: Lewis, Chris



Dear Inspector Lewis:

With whom should I inquire?


Eric Neville



No idea

-CL


Sent: Monday, October 13, 2008 2:04 PM

To: Lewis, Chris




I have observed that some of the reported signage violations have conformed, more or less, while others apparently persist unabated. What is the current list of locations at which the City has verifiedviolations and is reviewing, and what is the status of enforcement proceedings against them?


Eric Neville


Property owners will be notified that signs in the public sidewalk area will need to be removed. Mr. Campos covers the entire City including construction inspection of projects that cover entire city blocks,polices the mobile food vendor program, assists at the engineering permit counter, etc. I appreciate your patience in this matter.


Chris Lewis




Sent: Monday, August 11, 2008 10:51 AM

To: Lewis, Chris




I am following up on persisting violations that I previously reported, as reflected in prior correspondence below. Inspector Raphael Campos, to whom I was referred as being theassigned inspector, referred my inquiry to you. My report of signs being placed on the sidewalk were first referred to code enforcement last year, and as most of such signscontinue to be regularly placed on the sidewalk, I would like to understand where we are in the process of enforcement: what actions have been taken, are due to be taken, andwhen?


Eric Neville


From now on please address your concerns with my supervisor. He schedules our work assignments. Chris Lewis 510.238.7734




Sent: Friday, August 08, 2008 6:19 AM

To: Campos, Rafael

Cc: Renwick (Holloway), Antoinette; Lewis, Chris; Derania, Ray; Kim, Nila


Dear Inspector Campos:

Regarding the imminent change to which you refer, please inform me as to specifics. Also, I must ask for a third time, have any penalties been assessed? Please understandmy effort to understand the process, given that many violations have persisted since they were referred last November.

Regarding additional violations, if you could provide me with the full current list of locations that have been inspected, I can make sure that I report any violations not alreadyincluded.


Eric Neville

At 4:40 PM -0700 08.8.7, Campos, Rafael wrote:

Good day,

We too are concerned. Would you be kind enough to provide those addresses so a complaint can be generated? For any additional complaints please call our main line:510.238.6143. This will generate a new complaint. You can also ask for the complaint number for your reference. I assure you that there will be a change promptly.

Respectfully

Rafael Campos


Sent: Thursday, August 07, 2008 9:18 AM

To: Renwick (Holloway), Antoinette

Cc: Campos, Rafael; Lewis, Chris; Derania, Ray; Kim, Nila



I have not received from Inspector Rafael Campos a response to the email that I sent him more than two weeks ago. What is the status of enforcement against theseviolations? Have any penalties been assessed?

I should note that I have seen additional signs put out in the past months by establishments that had not done so previously. I am concerned by this worsening of the situation.


Eric Neville


To: "Campos, Rafael" <[email protected]>



Cc: "Lewis, Chris" <[email protected]>, "Renwick (Holloway), Antoinette" <[email protected]>, "Derania, Ray" <[email protected]>, "Kim, Nila" <[email protected]>

Bcc:

Attachments:


Many of these signs continue to be regularly placed on the sidewalk, and some establishments are even putting out multiple signs. Where does the enforcement process stand? Have any fines been assessed?


Eric Neville

At 5:00 PM -0700 08.6.5, Campos, Rafael wrote:

Mr. Neville,

The additional complaints have been added to the list. The property owners will be fined and possibly a lien filed if the activitycontinues. I cannot physically remove these signs.

Thank you for your patience,

Rafael



Sent: Tuesday, June 03, 2008 9:53 AM

To: Campos, Rafael

Cc: Lewis, Chris; Renwick (Holloway), Antoinette; Derania, Ray; Kim, Nila




I've continued to see many of these signs out. Please update me on enforcement progress.


Eric Neville


Good day,

Thank you for the update Mr. Neville. I will issue a complaint number and add them to the list for our nextinspection.

Rafael



Sent: Tuesday, May 06, 2008 7:33 PM

To: Renwick (Holloway), Antoinette; Campos, Rafael

Cc: Lewis, Chris; Kim, Nila

Subject: Re: FW: Sidewalk signage legality?

Dear Manager Renwick and Inspector Campos:


Thank you for the update and information on enforcement.

Please note, in addition to locations shown in the report, I saw today signs in the right-of-way at theselocations:

-

5292 College - Bisou Nail Lounge

5453 College - Atomic Garden

5472 College - Bellissimo

on Forest St (between College and Boyd Ave) -

Right Angle

5601 College - Rockridge Furniture

5655 College - Rockridge Dental (first of 2 signs)

5655 College - Peaberry's Coffee

on Shafter Ave (between College and Forest St) -

Rockridge Dental (second of 2 signs)

Curves

5811 College - Cuttin Up

5817 College - See Jane Run

6076 College - Breema

6309 College - Heartfelt

-


Eric Neville

At 5:38 PM -0700 08.5.5, Renwick (Holloway), Antoinette wrote:

Hello Mr. Neville,

Mr. Campos returned to the office today and provided you with the attached report on the Sandwich Boards. In brief, all property owners with businesses found with this violation will be issued an Official Notice to Abatethat carries a fee assessment up to $1,500.00 if the sandwich boards are not removed from the sidewalks by5/23/08. Fee assessments will continue until compliance is achieved. We also have a "Repeat Offender"Program in place that will allow the City to assess an additional $962.00 if the property owner is found inviolation for this same offense within 24 months. Please contact me if you have any further questions on thismatter. Once again thank you for your patience concerning this issue.

Antoinette Renwick

Inspection Services Manager

Community and Economic Development Agency


Oakland, CA 94612

bus. 510-238-6217, fax 510-238-2959




Sent: Monday, May 05, 2008 4:18 PM

To: Lewis, Chris; Renwick (Holloway), Antoinette

Cc: 'Eric Neville'

Subject: RE: Sidewalk signage legality?

Good Afternoon,

Here is the updated report as of today.

Rafael Campos




Sent: Thursday, May 01, 2008 5:46 PM

To: Renwick (Holloway), Antoinette; 'Eric Neville'

Cc: Lindheim, Dan; Hunter, Gregory; Brunner, Jane; Campos, Rafael; Tang, Patrick; Derania, Ray; Lewis,Chris

Subject: RE: Sidewalk signage legality?


I look forward to resolution of this matter without further delay.


Eric Neville

At 5:20 PM -0700 08.4.30, Renwick (Holloway), Antoinette wrote:

>Mr. Neville,

>

>Your request to receive a progress report on the signs being placed in the


>public right of way was assigned to one of our inspectors, Rafael Campos who

>had the sole responsibility of inspecting and following up on these types of

>complaints. Mr. Campos has not been available and off of work for

>approximately 2-3 weeks. I am not certain as to when he will return. Prior

>to his absence he informed me that he had followed up on this project and

>would provide you with a status report. Unfortunately this did not take

>place. His supervisor Chris Lewis, is in the process of collecting this

>data and will provide you with the information by the end of business on

>Monday, May 5th. We require this amount of time to investigate and confirm

>the data that Mr. Campos prepared before we make it available to you. I

>must apologize for my slow response in this matter simply because Mr. Campos

>had been effectively working on this project and similar projects. I was

>assured that you had been contacted and the information was forthcoming.

>Please feel free to contact me at 238-6217 or the supervisor Chris Lewis at

>238-7734 to discuss this matter further.

>

>Antoinette Renwick

>Inspection Services Manager

>Community and Economic Development Agency

>250 Frank H. Ogawa Plaza, 2 Flr

>Oakland, CA 94612

>bus. 510-238-6217, fax 510-238-2959

>email: [email protected]

>

>-----Original Message-----

>From: Eric Neville [mailto:[email protected]]

>Sent: Wednesday, April 30, 2008 1:21 PM

>To: Derania, Ray

>Cc: Lindheim, Dan; Hunter, Gregory; Brunner, Jane; Renwick (Holloway),

>Antoinette; Campos, Rafael; Tang, Patrick

>Subject: RE: Sidewalk signage legality?

>

>Dear Chief Raymond Derania:

>

>I have been having trouble eliciting a response from Building

>Services. The last six emails that I sent , copied immediately

>below, have gone unanswered. Please advise.

>

>Thank you for your assistance,

>Eric Neville

>

>

>



>At 1:29 PM -0700 08.4.15, Eric Neville wrote:

> >Dear Manager Renwick:

>>

>>I have not seen a response to either of the last two emails that I

>>sent you. Please advise.

>>

>>Thank you for your assistance,

>>Eric Neville

>>

>>

>>

>>At 9:41 AM -0700 08.4.2, Eric Neville wrote:

>>>Dear Manager Renwick:

>>>

>>>Please inform me as to the progress of this case. Report of these

>>>locations was referred in November, however I continue to see most,

>>>if not all, of the reported signs being placed in the public

>>>right-of-way. I have not received from Inspector Rafael Campos a

>>>response to any of the three emails that I sent him on this matter,

>>>the first of which was sent more than two months ago.

>>>

>>>Have the described locations been inspected? Is a case number

>>>assigned to this issue? What is the compliance date?

>>>

>>>Thank you for your assistance,

>>>Eric Neville

>>>

>>>

>>>

>>>

>>>At 7:52 AM -0700 08.3.22, Eric Neville wrote:

>>>>Dear Manager Renwick:

>>>>

>>>>Please inform me as to the progress of this case. Report of these

>>>>locations was referred in November, however I continue to see

>>>>most, if not all, of the reported signs being placed in the public

>>>>right-of-way. I have not received from Inspector Rafael Campos a

>>>>response to any of the three emails that I sent him on this

>>>>matter, the first of which was sent almost two months ago.

>>>>

>>>>Have the described locations been inspected? Is a case number

>>>>assigned to this issue? What is the compliance date?

> >>>

>>>>Thank you for your assistance,

>>>>Eric Neville

>>>>

>>>>

>>>>

>>>>At 11:28 PM -0700 08.3.17, Eric Neville wrote:

>>>>>Dear Inspector Campos:

>>>>>

>>>>>I have continued to see most, if not all, of the signs reported

>>>>>being placed in the public right-of-way. However, I am not sure

>>>>>of the relative newsworthiness of such information because I do

>>>>>not know the compliance date, or perhaps other relevant

>>>>>information regarding enforcement practices. Have you had a

>>>>>chance to inspect the locations that I provided? Is there a

>>>>>corresponding compliance date, or other information, such as a

>>>>>case number?

>>>>>

>>>>>Thank you for your assistance,

>>>>>Eric Neville

>>>>>

>>>>>

>>>>>

>>>>>At 6:19 PM -0800 08.2.10, Eric Neville wrote:

>>>>>>Dear Inspector Campos:

>>>>>>

>>>>>>What is the case number and compliance date for these violations?

>>>>>>

>>>>>>Thank you for your assistance,

>>>>>>Eric Neville

>>>>>>

>>>>>>

>>>>>>

>>>>>>At 8:21 AM -0800 08.1.26, Eric Neville wrote:

>>>>>>>Dear Inspector Campos:

>>>>>>>

>>>>>>>Thank you for your reply and effort to explain procedures.

>>>>>>>Since, to the best of my knowledge, information from citizens

>>>>>>>is an integral part of the enforcement process, I appreciate

>>>>>>>being educated so that I may do my duty in this regard in the

>>>>>>>most productive way possible. To that end, am I to understand

>>>>>>>that the addresses that I reported have been inspected, and

>>>>>>>that all are in violation? If so, what is the compliance date

>>>>>>>for the impending notices, so that I may limit my reporting of

>>>>>>>continued sign placement, if any, to dates subsequent?

>>>>>>>

>>>>>>>Thank you for help,

>>>>>>>Eric Neville

>>>>>>>

>>>>>>>

>>>>>>>>Good day,

>>>>>>>>

>>>>>>>> I will be the inspector working with the merchants in

>>>>>>>>the area to

>>>>>>>>resolve this matter. There are open complaints for each and

>>>>>>>>every address

>>>>>>>>submitted. I will be meeting with the merchant B.I.D. contact and

>>>>>>>>neighborhood services coordinator in the area to bring resolution

>and/or

>>>>>>>>compliance for this matter. Notices will be sent. Each case or

>>>>>>>>assignment is

>>>>>>>>prioritized and addressed in the order it is received. Please

>>>>>>>>feel free to

>>>>>>>>contact me any time. I am usually in the field, my city cell is:

>>>>>>>>510.453.9542

>>>>>>>>

>>>>>>>>Rafael Campos

>>>>>>>>Senior Construction Inspector

>>>>>>>>510.238.6143

>>>>>>>>

>>>>>>>>-----Original Message-----

>>>>>>>>From: Eric Neville [mailto:[email protected]]

>>>>>>>>Sent: Friday, January 25, 2008 10:09 AM

>>>>>>>>To: Renwick (Holloway), Antoinette

>>>>>>>>Cc: Campos, Rafael; Tang, Patrick

>>>>>>>>Subject: RE: Sidewalk signage legality?

>>>>>>>>

>>>>>>>>Dear Manager Renwick:

>>>>>>>>

>>>>>>>>I wanted to check on this matter since I do not recall having seen a

>>>>>>>>response to my last email. Have I missed an email, or other

>>>>>>>>correspondence?

>>>>>>>>

>>>>>>>>Thank you for your assistance,

>>>>>>>>Eric Neville

>>>>>>>>

>>>>>>>>

>>>>>>>>


>>>>>>>>At 10:19 AM -0800 08.1.9, Eric Neville wrote:

>>>>>>>> >Dear Manager Renwick:

>>>>>>>>>

>>>>>>>>>I have noticed that many of the sandwich board signs that I reported

>>>>>>>>>are still being put out. What is the compliance date for these

>>>>>>>>>violations? Were any of the reported signs found to be placed

>>>>>>>> >legally when inspected? If it would be helpful for me to refer to

>a

>>>>>>>>>case number, please let me know what it is.

>>>>>>>>>

>>>>>>>>>Thank you for your assistance,

>>>>>>>>>Eric Neville

>>>>>>>>>

>>>>>>>>>

>>>>>>>>>

>>>>>>>>>At 10:12 AM -0800 07.11.28, Renwick (Holloway), Antoinette wrote:

>>>>>>>>>>Hello All,

>>>>>>>>>>

>>>>>>>>>>Rafael Campos has been assigned to investigate the sandwich board

>>>>>>>>complaints

>>>>>>>>>>in the public right-of-way in the alleged locations. Once

>>>>>>>>>>the complaints

>>>>>>>>>>have been verified, the property owners will be issued

>>>>>>>>>>Notices to abate

>>>>>>>>the

>>>>>>>>>>violations and will receive a fine if the violations exist past the

>>>>>>>>>>compliance date. Sandwich boards are not allowed on public

>sidewalks.

>>>>>>>> >>

>>>>>>>>>>

>>>>>>>>>>

>>>>>>>>>>Antoinette Renwick

> >>>>>>>>>Inspection Services Manager

>>>>>>>>>>Community and Economic Development Agency

>>>>>>>>>>250 Frank H. Ogawa Plaza, 2 Flr

>>>>>>>>>>Oakland, CA 94612

>>>>>>>>>>bus. 510-238-6217, fax 510-238-2959

>>>>>>>>>>email: [email protected]

>>>>>>>>>>

>>>>>>>>>>-----Original Message-----

>>>>>>>>>>From: Blackwell, Jamil

>>>>>>>>>>Sent: Friday, November 16, 2007 4:16 PM

>>>>>>>>>>To: Tang, Patrick


>>>>>>>>>>Cc: Eric Neville; McConnell, Bobby; Renwick (Holloway), Antoinette;

>>>>>>>>Watson,

>>>>>>>>>>Arthur; Ferguson, David

>>>>>>>>>>Subject: FW: Sidewalk signage legality?

>>>>>>>>>>

>>>>>>>>>>Patrick,

>>>>>>>>>>

>>>>>>>>>>How shall I respond to this gentleman? This is a common

>>>>>>>>>>practice on this

>>>>>>>> >>corridor(College Ave.) and several others throughout the city.

>Should

>>>>>>>>these

>>>>>>>>>>issues be dealt with by Code Enforcement? We have no records

>>>>>>>>>>of who has or

>>>>>>>>>>has not received permits to place "sandwich boards" on the

>>>>>>>>>>sidewalks. This

>>>>>>>>>>could closely resemble issues around cafes offering alfresco

>dining.

>>>>>>>>>>

>>>>>>>>>>Jamil Blackwell

>>>>>>>>>>Public Works Supervisor II

>>>>>>>>>>510 535-5666

>>>>>>>>>>510 385-7477

>>>>>>>>>>Fax 510 434-5120

>>>>>>>>>>e-mail [email protected]

>>>>>>>>>>

>>>>>>>>>>-----Original Message-----

>>>>>>>>>>From: Eric Neville [mailto:[email protected]]

>>>>>>>>>>Sent: Friday, November 16, 2007 3:41 PM

>>>>>>>> >>To: Blackwell, Jamil

>>>>>>>>>>Cc: pwakocbacting3; Ferguson, David; McConnell, Bobby

>>>>>>>>>>Subject: RE: Sidewalk signage legality?

>>>>>>>>>>

>>>>>>>>>>Jamil,

>>>>>>>>>>

>>>>>>>>>>I was noticing that most or all of the sandwich board signs on

>>>>>>>>>>College Avenue that I reported are still being put out. Do you

>know

>>>>>>>> >>when staff will have an opportunity to check on them? Should I

>>>>>>>>>>inquire with a particular member of staff?

>>>>>>>>>>

>>>>>>>>>>Also, I observed the following additional signs on College Avenue.



>>>>>>>>>>Again, please let me know if any of these are placed legally.

>>>>>>>>>>

>>>>>>>>>>-

>>>>>>>>>>Along or near College Avenue:

>>>>>>>>>>

>>>>>>>>>>5316 (Khana Peena)

>>>>>>>>>>

>>>>>>>>>>5405 (Recapture)

>>>>>>>>>>5414 (Chic)

>>>>>>>>>>

>>>>>>>>>>5634 (Pearl Oyster Bar)

>>>>>>>>>>5655 (Peaberry's)

>>>>>>>>>>

>>>>>>>>>>On Shafter Ave, about 100' west of College Ave:

>>>>>>>> >> (Rockridge Dental) in addition to the sign on College Ave

>>>>>>>>>> (Curves)

>>>>>>>>>>

>>>>>>>>>>5811 (Cuttin' Up)

>>>>>>>>>>

>>>>>>>>>>6052 (Vero)

>>>>>>>>>>

>>>>>>>>>>On Claremont Ave , about 50' east of College Ave:

>>>>>>>>>> (Claremont Hair Salon)

>>>>>>>>>> (Abby Photo)

>>>>>>>>>>

>>>>>>>>>>6309 (Heartfelt)

>>>>>>>>>>-

>>>>>>>>>>

>>>>>>>>>>Thanks for your help,

>>>>>>>>>>Eric Neville

>>>>>>>>>>

>>>>>>>>>>

>>>>>>>>>>

>>>>>>>>>>At 7:49 AM -0800 07.11.7, Blackwell, Jamil wrote:

>>>>>>>>>>>Frank,

>>>>>>>>>>>

>>>>>>>>>>>These are locations where merchants have "sandwich boards" on the

>>>>>>>>sidewalk

>>>>>>>>>>>and it is of concern to this constituent as to whether they have

>been

>>>>>>>>>>>legitimately placed. Please ask Bobby to check.

>>>>>>>>>>>

>>>>>>>>>>>Jamil Blackwell

>>>>>>>>>>>Public Works Supervisor II

>>>>>>>>>>>510 535-5666

>>>>>>>>>>>510 385-7477

>>>>>>>>>>>Fax 510 434-5120

>>>>>>>>>>>e-mail [email protected]

>>>>>>>>>>>

>>>>>>>>>>>-----Original Message-----

>>>>>>>>>>>From: Eric Neville [mailto:[email protected]]

>>>>>>>>>>>Sent: Tuesday, November 06, 2007 4:51 PM

>>>>>>>>>>>To: Blackwell, Jamil

>>>>>>>>>>>Subject: RE: Sidewalk signage legality?

>>>>>>>> >>>

>>>>>>>>>>>Jamil,

>>>>>>>>>>>

>>>>>>>>>>>Following are locations where I saw signs apparently placed in the

>>>>>>>> >>>public right-of-way. Please let me know if any of these are

>placed

>>>>>>>>>>>legally, by permit or otherwise, so that I may constrain reports

>to

>>>>>>>>>> >violations.

>>>>>>>>>>>

>>>>>>>>>>>Thanks for your help,

>>>>>>>>>>>Eric Neville

>>>>>>>>>>>

>>>>>>>>>>>

>>>>>>>>>>>Along College Avenue:



>>>>>>>>>>>

>>>>>>>>>>>5290 (Bambino Thrift Shop)

>>>>>>>>>>>5297A (Sports & Orthopedic Leaders)

>>>>>>>>>>>

>>>>>>>>>>>5338 (Tarot Card Readings)

>>>>>>>>>>>5359 (The Burrito Shop)

>>>>>>>>>>>

>>>>>>>>>>>5407 (Bella Vita)

> >>>>>>>>>>5413 (Alexander Pope)

>>>>>>>> >> >5400 (Filippo's Pastaria)

>>>>>>>>>>>5406 (Elegant Nail Salon)

>>>>>>>>>>>5408 (Bing's Salon)

>>>>>>>>>>>5416 (Namaste Rockridge)

>>>>>>>>>>>5418 (Rockridge Home)

>>>>>>>>>>>5427 (Bittersweet)

>>>>>>>>>>>5467 (Habit)

>>>>>>>>>>>5475 (Arellano Salon)

>>>>>>>>>>>

>>>>>>>> >>>5517 (Who's Your Betty)

>>>>>>>>>>>5525 (Tootsies)

>>>>>>>>>>>

>>>>>>>>>>>5655 (Rockridge Dental)

>>>>>>>>>>>5636 (Crossroads)

>>>>>>>>>>>5642 (ATM)

>>>>>>>>>>>

>>>>>>>>>>>just off College Ave: 5699 Miles Ave (Oriental Nails II)

>>>>>>>>>>>

>>>>>>>>>>>5800 (Great Harvest)

>>>>>>>>>>>

>>>>>>>>>>>5912 (Somerset)

>>>>>>>>>>>5930 (automotive servicing)

>>>>>>>>>>>

>>>>>>>>>>>6021 (Spasso's)

>>>>>>>>>>>

>>>>>>>>>>>at Florio St (Breema Clinic)

>>>>>>>>>>>at Claremont Ave (automotive servicing)

>>>>>>>>>>>

>>>>>>>>>>>6239 (Jessica Hebert)

>>>>>>>>>>>

>>>>>>>>>>>6311 (Lulu Rae)

>>>>>>>>>>>

>>>>>>>>>>>

>>>>>>>>>>>

>>>>>>>>>>>>Eric,

>>>>>>>>>>>>

>>>>>>>>>>>>We will have staff check into this. It would be helpful to have

>the

>>>>>>>>>>>>locations along College Ave, that concern you.

>>>>>>>>>>>>

>>>>>>>>>>>>

>>>>>>>>>>>>

>>>>>>>>>>>>Jamil Blackwell

>>>>>>>>>>>>Public Works Supervisor II

>>>>>>>> >>>>510 535-5666

>>>>>>>>>>>>510 385-7477

>>>>>>>>>>>>Fax 510 434-5120

>>>>>>>>>>>>e-mail [email protected]

>>>>>>>>>>>>

>>>>>>>>>>>>

>>>>>>>>>>>>-----Original Message-----

>>>>>>>>>>>>From: Eric Neville [mailto:[email protected]]

>>>>>>>>>>>>Sent: Friday, November 02, 2007 11:45 AM

>>>>>>>>>>>>To: Blackwell, Jamil

>>>>>>>>>>>>Subject: RE: Sidewalk signage legality?

>>>>>>>>>>>>

>>>>>>>>>>>>Many signs are regularly placed on the sidewalk along



>College Avenue.

>>>>>>>>>>>>I estimate a few dozen. How do I determine which are permitted?

>>>>>>>>>>>>(Again, I want to report only violations.)

>>>>>>>>>>>>

>>>>>>>>>>>>Would it be easier for you at this point if you first

>speak with sign

>>>>>>>>>>>>owners on College, and then I address any specific signs still

>put

>>>>>>>> >>>>out afterwards?

>>>>>>>>>>>>

>>>>>>>>>>>>Thanks for you help,

>>>>>>>>>>>>Eric Neville

>>>>>>>>>>>>

>>>>>>>>>>>>

>>>>>>>>>>>>>Yes,

>>>>>>>>>>>>>

>>>>>>>>>>>>>Unless one has gotten a permit to do so.

>>>>>>>>>>>>>

>>>>>>>>>>>>>Jamil Blackwell

>>>>>>>>>>>>>Public Works Supervisor II

>>>>>>>>>>>>>510 535-5666

>>>>>>>>>>>>>510 385-7477

>>>>>>>>>>>>>Fax 510 434-5120

>>>>>>>>>>>>>e-mail [email protected]


>>>>>>>>>>>>>

>>>>>>>>>>>>>

>>>>>>>>>>>>>-----Original Message-----

>>>>>>>>>>>>>From: Eric Neville [mailto:[email protected]]

>>>>>>>>>>>>>Sent: Thursday, November 01, 2007 10:16 AM

>>>>>>>>>>>>>To: Blackwell, Jamil

>>>>>>>>>>>>>Subject: RE: Sidewalk signage legality?

>>>>>>>> >>>>>

>>>>>>>>>>>>>Jamil,

>>>>>>>>>>>>>

>>>>>>>>>>>>>Thank you for your speedy and helpful response. Am I correct in

>>>>>>>>>>>>>understanding that placing sandwich board signs on the

>sidewalk is in

>>>>>>>>>>>>>violation of 5.06.020?

>>>>>>>>>>>>>

>>>>>>>>>>>>>Eric Neville

>>>>>>>>>>>>>

>>>>>>>>>>>>>

>>>>>>>>>>>>>>Eric,

>>>>>>>>>>>>>>

>>>>>>>>>>>>>>Thanks for your concern, the OMC(Oakland's Municipal

>Code)regulating


>>>>>>>> >>this

>>>>>>>>>>> >>is

>>>>>>>>>>>>>>found in Chapter 5.06. It is OMC 5.06.020 which can be

>found on line

>>>>>>>>at

>>>>>>>>>>>>the

>>>>>>>>>>>>>>city's website, Oaklandnet.com. Any other concerns please do

>not

>>>>>>>>>>hesitate

>>>>>>>>>>>>>to

>>>>>>>>>>>>>>contact us.

>>>>>>>>>>>>>>

>>>>>>>>>>>>>>

>>>>>>>>>>>>>>Jamil Blackwell

>>>>>>>>>>>>>>Public Works Supervisor II

>>>>>>>>>>>>>>510 535-5666

>>>>>>>>>>>>>>510 385-7477

>>>>>>>>>>>>>>Fax 510 434-5120

>>>>>>>>>>>>>>e-mail [email protected]

>>>>>>>>>>>>>>

>>>>>>>> >>>>>>

>>>>>>>>>>>>>>-----Original Message-----


>>>>>>>>>>>>>>From: Eric Neville [mailto:[email protected]]

>>>>>>>>>>>>>>Sent: Wednesday, October 31, 2007 11:27 AM

>>>>>>>>>>>>>>To: Blackwell, Jamil

>>>>>>>>>>>>>>Subject: Sidewalk signage legality?

>>>>>>>>>>>>>>

>>>>>>>>>>>>>>Mr. Blackwell,

>>>>>>>>>>>>>>

>>>>>>>>>>>>>>I am concerned about signage placed on sidewalks, such as

>sandwich

>>>>>>>>>>>>>>board signs. However, I don't want to drain limited

>civic resources

>>>>>>>>>>>>>>with unnecessary calls. Could you please direct me to code

> >>>>>>>>>>>>>controlling such signage, so that if violations occur I may

>make

>>>>>>>>>>>>>>appropriate reports?

>>>>>>>>>>>>>>

>>>>>>>>>>>>>>Thank you very much for your assistance,

>>>>>>>>>>>>>>Eric Neville

>>>>>>>>>

>>>>>>>


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