CITY of OAKLAND
CITY HALL • 1 Frank H. Ogawa Plaza • 11th FLOOR • OAKLAND, CALIFORNIA 94612 City Administrator’s Office
Nuisance Abatement Division
Greg Minor, Assistant to the City Administrator
TTY/TDD
FAX
Voicemail
(510) 238-2007
(510) 238-7084
(510) 238-6370
PROPOSED COMPLIANCE PLAN
I. RECITALS
A. Following an administrative hearing to determine whether the activities of 955 57th Street, LLC and Suprema Meats, Inc. ( collectively “Suprema”) at 955 57 h Street, Oakland, California (the “Property”) constitute a public nuisance, on October 25, 2021 Independent Hearing Officer Nathaniel Dunn affirmed that the activities at the Property constitute a public nuisance and concluded that the status quo is unsustainable.
B. Hearing Officer Dunn ordered that within thirty (30) days of the service of the Decision, the City of Oakland offer Appellant 955 57th Street LLC, the owner of the Property, a proposed compliance plan providing specific conditions under which the Property‘s current use would not constitute a public nuisance. Hearing Officer Dunn specifically required that the compliance plan (a) set forth clear and reasonable restrictions concerning noise and hours of operations which balance Appellant and Suprema’s right to continue their longstanding use of the Property with the rights of their neighbors to peacefully enjoy their own properties; and (b) set forth clear and reasonable guidelines for Appellant and Suprema to follow in order to preserve the public right of way.
C. Without waiving any of its rights, including but not limited to challenging the underlying administrative hearing decision with an action for administrative mandamus, , the City of Oakland hereby offers Appellant this Proposed Compliance Plan.
II. NOISE MITIGATION
A. Suprema’s business hours shall be limited to 7am-9pm, Monday-Friday, with no business activity on Saturday and Sunday.
i. Therefore, between the hours of 9pm and 7am, Suprema shall not load, start, or move any vehicles, forklifts, or pallet jacks at the Property or in the public right of way.
B. Suprema shall comply with the City of Oakland’s performance standards for noise and with the noise ordinance located at Oakland Municipal Code (OMC) sec.
17.120.050 and OMC sec. 8.18, respectively.
C. Suprema shall phase out all diesel delivery trucks delivering and leaving the Property within two years of the execution of this compliance plan. The size of replacement hybrid or electric trucks shall be equivalent to the existing Suprema delivery trucks (i.e. Class 7). Upon purchase of each hybrid or electric delivery truck, Suprema shall remove one conventional truck.
D. Within three months of the execution of this Compliance Plan, Suprema shall replace the existing metal gate along 57th Street with a gate that does not make a loud squealing noise upon opening or closing of the gate.
III. PREVENT UNLAWFUL ENCROACHMENT OF THE PUBLIC RIGHT OF WAY A. Comply with the City of Oakland’s restrictions against blocking the public right of way prescribed by OMC Chapter 1.08, Title 10, and Title 12.
B. Maintain a Delivery Truck Management Plan to prevent delivery trucks traveling to and from Suprema from using 57th street and other nearby local streets where truck traffic is prohibited, and to prevent all delivery trucks from parking on 57th street when waiting to be unloaded.
C. Suprema shall clearly post signs along its warehouse and entrance that include the following:
i. Direct trucks that have arrived outside of business hours where they can park overnight;
ii. Provide 24-hour Suprema and truck parking contact information; and iii. Prohibit engine idling.
IV. ADDITIONAL STRATEGIES
This Proposed Compliance Plan does not prohibit Suprema from pursuing additional strategies to mitigate excessive noise or obstruction of the public right of way, provided Suprema applies for and obtains any required permits and complies with all laws. This includes, but is not limited to, applying for permits to open a portion of its property along Lowell Street to transition its operations from the open facility on 57th Street to within the Properties boundaries on the Lowell Street side.
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V. MONITORING COMPLIANCE
A. Within thirty (30) days of the execution of this agreement, Suprema shall install and/or maintain functioning cameras on the Property to monitor traffic in and around the Property. Video footage from these cameras shall be available to City of Oakland staff within 48 hours of a request and the cameras shall be capable of storing at least two weeks’ worth of footage.
B. Within thirty (30) days of the execution of this agreement, Suprema shall install noise monitoring equipment in at least two locations at its property and offsite, as determined by City of Oakland staff, to measure noise produced by Suprema’s operations. Suprema shall then provide monthly reports regarding the noise measurements at these locations that include decibel levels, duration, and time of day.
C. Within thirty (30) days of the execution of this agreement, Suprema shall submit a performance bond to the City of Oakland in the amount of $50,000.
D. Suprema shall pay $500 for each violation of the Proposed Compliance Plan pursuant to the Notice to Abate and the October 25, 2021 Hearing Decision.
CITY OF OAKLAND 57TH STREET LLC
Print Name:_________________________ Name:______________________________ Signature:__________________________ Signature:___________________________ Date:_______________________________ Date:_______________________________