West Oakland BusinessAlert

Minutes from Meeting Held November 17, 2010 at SF Enterprises

Business Community Attendees

Juan Acosta (BNSF Railway), Reve Bautista (Oakland City Attorney’s Office), Sgt. Mike Beaver (OPD), George Burtt (Cameron Enterprises), Roberto Costa (CEDA), Reginald Davis (Alameda County Probation), Antonio Fowler (BNSF), Gary Fracchia (CT BT Commercial), Debbie Hauser (BusinessAlert Staff), Versall Henderson (KOBC), Michael Herling (Consolidated Cleaning), Marcus Johnson (Amstutz Associates), Ray Kidd (WON), Chris Knox (BNSF), Steve Lowe (WOPAC), Reginald McKinley (Security Code 3), Tim Morse (Bay Alarm), Ellen Parkinson (WOPAC), Margot Prado (CEDA), Jim Ridgeway (BNSF)

Approval of Minutes

October 2010 meeting minutes were approved.

Safety & Security Update

The BusinessAlert Committee welcomed Sergeant Mike Beaver of the Oakland Police Department. BusinessAlert’s mission was described for Sgt. Beaver, and he was told about specific problems occurring in West Oakland, including the ongoing violence being experienced on 32nd Street. Sgt. Beaver discussed recent staff reductions made to OPD’s Crime Reduction Teams (CRT). There are four CRTs in Oakland. Area 1 is down from a high of 16 CRT officers to the current number of six. The CRTs are responsible for addressing violent crimes and narcoticsrelated offenses. The city’s CRT units may be disbanded, in favor of Problem Solving Officers, as OPD reorganizes functions within the department. It is anticipated that this change will occur at the first of the year.

Chair Michael Herling reported on a recent encounter by one of the Committee members with illegal dumpers on Wood Street. Two men seen unloading garbage there from a U-Haul truck were approached before subsequently leaving the scene. U-Haul was notified and agreed not to rent to the individuals again. Reve Bautista cited the danger in approaching people who are dumping and advised taking a non-confrontational approach to resolving these issues. Tim Morse expressed disappointment that his company apprehended a dumper but the case against the individual was not pursued. Reve reported that her office is taking steps to strengthen the response to the problem of illegal dumping in Oakland. She is now in the process of refining documents in this regard and will report back at a future meeting. Michael suggested that city leadership start thinking outside the box in regards to resolving the illegal dumping issue, and that a better conversation about the amount of dumping going on in West Oakland needs to occur. Effectively deterring dumping here may require more drastic measures than are currently being employed, such as publically identifying offenders as well as imposing stiffer penalties.

Margot Prado responded to questions in regards to marijuana grow sites being erected in Oakland. Operators of grow sites are being invited to respond to a Request For Proposal issued by the City of Oakland. All responses will be made public at some point in the future. Over-thecounter sales will not be allowed at grow sites. Any grows currently underway are illegal. More operating dispensaries will be added to the approximately four that already exist here. Two were found to be illegally operated and were shut down. Ellen Parkinson reported approval has been given for eight to ten grow sites in Oakland.

Probation and Parolee Supervision Issues

The BusinessAlert Committee welcomed Reginald Davis of the Alameda County Probation office. Mr. Davis provided a general overview of the probation department. There are approximately 13- 14,000 adult felons on parole in Alameda County, with 48% residing in Oakland. Due to manpower constraints, all parolees cannot be supervised however a staff of 50 parole officers currently supervises approximately 4,000 clients, high threat offenders, living within the County. In the past, through collaboration with PAC teams, OPD has played a pivotal role in working with the probation office to monitor the activities of parolees, however with recent budget cuts, OPD’s PAC teams were disbanded. A grant received by the County this past summer will help some in providing the tools necessary to oversee some of the 18- to 25-year-olds throughout the County who have been recently released from State prison.

Mr. Davis described the difference in the backgrounds of those individuals on parole versus probation. Offenders on parole have served time in State prison and have been subsequently released to serve the remainder of their sentences living in society. Individuals on probation have not been to prison but can be sent there if provisions of probation have been violated. Probation staff and parole staff often work collaboratively in overseeing their respective client caseloads. Within the bounds of available resources, the Probation office works closely with City officials, the DA’s office, the FBI, and the Department of Justice to oversee client caseloads and see that reoffenders are prosecuted for engaging in criminal activity. Mr. Davis reported that many offenders have drug and alcohol addictions, some have mental health issues, many lack proper education or were raised in violent households. Due to these and other issues, having a job available is not always the answer to getting an offender’s life back on track. Approximately 30- 50% of those on probation/parole end up going to jail or back to jail. An offender on parole or probation loses certain rights, making probable cause unnecessary to conduct searches, however the 4th Amendment does present issues that can arise after the fact. Individuals on probation are issued curfews; business owners are encouraged to report any known offenders on probation breaking curfew.

Reve Bautista of the Oakland City Attorney’s Office added that the Oakland Municipal Code is in the process of being strengthened, including code that relates to trespassing. She asked for the Committee’s support in the future when revisions to the Code are presented before the City Council for a vote. Steve Lowe cited a restorative justice program being utilized with positive results in San Francisco and Marin. Ms. Bautista reported that a similar program was sought for Oakland however was met with resistance from city leaders, and the problem is more than citywide; a more encompassing solution must be.

Agency-Owned Land and Infrastructure

Juan Acosta of BNSF Railway was welcomed by Committee members. Mr. Acosta reviewed a map of West Oakland with the Committee and cited property ownership and BNSF’s responsibility of maintaining particular parcels. Committee members pointed out parcels where vegetation should be removed and maintenance needs to occur. Mr. Acosta agreed to work with his maintenance crew to address specific issues discussed. Homeless encampments along the tracks are a problem as well. Mr. Acosta agreed to respond to the problems cited, taking into consideration other railway companies operating in the area and the need to identify what entity is responsible for individual parcels of land and the clean-up thereof.

George Burtt recommended the development of a joint operating agreement amongst the railway companies operating in the area so that the issues of dumping, homeless encampments and ongoing maintenance can be addressed in a collaborative manner. Margot Prado suggested that cleaning up the excess vegetation and weeds would be a good starting point, something that can be accomplished in the short-term with noticeable results. Identifying specific rail that is unusable is a longer-term issue that cannot be addressed at today’s meeting, however Mr. Acosta acknowledged that unusable track does exist in the area and that more study of this issue is prudent. BNSF police staff will be engaged to resolve the issue of homelessness along its tracks, and Jim Ridgeway, BNSF maintenance staff and present at today’s meeting, will oversee the removal of excess vegetation on the company’s property.

Margot and Michael discussed the West Oakland infrastructure study conducted by BKF Engineering for the benefit of BNSF staff in attendance. The study provides a framework of infrastructure improvements needed for the area and may help in obtaining needed funding and resources to implement a more detailed plan in the future.

Margot noted that Caltrans responded to her request to clean up the area around 9th and Pine.

Other Business

Ellen invited Committee members to participate in a tree-planting session on January 15, most likely to be held in the Clausen area. Trees are available for those business owners who would like to plant them.

An Oakland Army Base Community Benefits Workshop will be held on Saturday, December 18, 1:30 p.m. to 5:00 p.m. The workshop will focus on prioritizing how funds will be spent at the Army Base, and all Committee members were invited to attend.