In the middle of a nightmarish crime wave, the facts that these neighbors came up with are indisputable, and yet...

the planning commssion is more interested in helping a single businessman make a lot of money opening a bar than they are in helping to reduce crime. And this bar is within 1000 feet of a school -- and has a history of selling alcohol to minors! Why are residents routinely ignored by Mayor Jerry Brown, the city council and the planning commission?

Friday's Trib headline screams "City grasping for solutions." 93 people have been murdered since January 1, 2003. There is an indisputable relationship between crime and businesses selling alcohol. The Temescal (North Oakland) neighborhood had a murder at the Bird Kage bar in December, 2002. The Bird Kage shut, and now another bar owner wants to move in there -- even though without the Bird Kage, crime --according to OPD's own numbers -- has decreased from 343 to 300 crimes in the nine months since the Bird Kage shut down compared to last year.

OaklandNews recently received the following letter with attached documents, from Chris Fleming, a terrific Temescal resident. Read it and weep. If you and your neighborhood have had a similar experience, please email Jeannette@oaklandnews.com

And for gods' sake, get off your butts and call Mayor Jerry Brown. TELL him that if he wants to reduce crime then he has to get the planning commissioners he appoints to stop approving bars, alcohol outlets, massage parlors (phony or not), residential care facilities for juvenile delinquents et cetera.

Recently I worked with a community group to try to persuade the Oakland Planning Commission to veto a Major Variance and deny the reopening of Connolly's Bar, less than 1000 feet from Carter Middle School in North Oakland. The Planning Commission voted three to two, on Wednesday evening, to allow the bar to open up.

What is significant about this vote is that in the Planning Commission Staff Report, the re-opening of the bar, less than 1000 feet from Carter Middle School, was supported by the Area Police Commander of the Oakland Police Department, Lt. Lawrence Green, the City Council Representative for the area, Jane Brunner, and oddly enough in a letter from the Vice Principal of Carter Middle School.

While I was disturbed that the police and that council member Brunner would ignore the dangers posed by the addition of another alcohol outlet in the vicinity of the school (others already exist) I thought it peculiar that a Junior High School Principal would write a letter in support of a bar going in less than a thousand feet from his school. As it turns out, the Vice Principal was solicited to write the letter by the applicant, Jack Cicala, trying to reopen the bar.

The letter is fraudulent and illegal because it was not approved by the State Administrator for the Oakland Public Schools (OPS) and it was prepared this past spring, shortly after the Principal was informed that he would not be rehired this fall.

I spoke with the Chief of Staff for the State Administrator's office and have verified that they DID NOT authorize the letter of support for the bar re-opening and that the former Vice Principal was not authorized to write any letter of support for a bar to open near the school. During the hearing of the Oakland Planning Commission on Wednesday evening, I testified that the letter was not authorized by the school district and had confirmed that in a conversation with the State Administrator's office.

My testimony was ignored, the unauthorized letter of support was kept in the Staff Report and the Planning Commission voted to allow the bar to re-open. This is significant because in the Planning Commission Staff Report there is a finding that the bar re-opening will have a negative impact on the school!

The illegal letter was used to mitigate this finding!

Sincerely, Chris Fleming

September 13, 2003 TO: Mayor Jerry Brown; Police Chief Richard Word; Randolph E.Ward, Ed.D. State Administrator, Oakland Public Schools; Oakland School Board Members, Planning Commission, City of Oakland, Oakland City Council; Oakland Tribune

FROM: Larry Bellinger, John Finn and Michael Santero

SUBJECT: Oakland Planning Commission Case File Number VM03-182 (Proposal to reestablish the sales of alcoholic beverages at an existing bar without cabaret activity within 1,000 feet of another alcoholic beverage sales activity)

We respectfully request the above named officials to carefully review the information we will be presenting and deny the applicant, Jack Cicala, a Major Variance to re-establish a legal non-conforming bar in a location where the activity has been discontinued for more than 90 days and Alcoholic Beverage Sales Commercial Activity within 1000 feet of other such activities.

We think our request for denial of the Major Variance is warranted based on the regulations promulgated in City of Oakland 17.102.210 Special regulations applying to Convenience Markets, Fast-Food Restaurants, certain establishments selling alcoholic beverages, providing mechanical or electronic games, and Transport and Warehousing Storage of abandoned, dismantled or inoperable vehicles, machinery, equipment, and of construction, grading, and demolition materials and Scrap Operation.

Special Regulation 17.102.210 Section A, states that a conditional use permit for any conditionally permitted Convenience Market, Fast-Food Restaurant, or Alcoholic Beverage Sales Commercial Activity may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134, to any and all applicable use permit criteria set forth in the particular individual zone regulations, and to all of the following use permit criteria:

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, and traffic problems and capacity&

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds...

7. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, it will be limited in hours of operation, or designed or operated, so as to avoid disruption of residents' sleep between the hours of ten p.m. and seven a.m. The same criteria shall apply to all conditional use permits required by subsection B of this section for sale of alcoholic beverages at full-service restaurants&

The Major Variance should be denied based on Special Regulation 17.102.210 Section A 1, because past history has demonstrated that the presence of an establishment selling alcoholic beverages in this location has been counterproductive and contributed to a negative impact on the quality of life for residents and businesses in the location. Specifically, the location, 4822 Telegraph, was previously occupied by the Bird Kage Lounge, which contributed to numerous code violations, calls for police service, homicide, loitering, littering, vandalism and traffic problems, specifically related to parking in the residential area adjacent to the 4822 Telegraph proposed bar location.

The Major Variance should be denied based on Special Regulation 17.102.210 Section A 2, because of the close proximity of Carter Middle School, located at 4521 Webster Street, to the proposed bar location of 4822 Telegraph. The Carter Middle School grounds are located less than 1000 feet from the proposed bar location at 4822 Telegraph. Students entering and exiting school will be going by the bar location on a daily basis and at risk for confrontation with inebriated and intoxicated individuals patronizing the proposed bar location on a daily basis.

The Major Variance should be denied based on Special Regulation 17.102.210 Section A 7, because of the close proximity of residential property adjacent to the proposed bar location. Residents are located adjacent, above and to the rear of the proposed bar. Past experience has demonstrated that the noise level of bar activity cannot be controlled, even with the rear door to the premises shut. The City of Oakland Police Department ABAT Unit has a record of scores of calls complaining of noise and problems associated with the location and its impact on residents' peaceful enjoyment of their habitats.

The City of Oakland Planning Commission Staff Report recommending approval of the Major Variance is flawed and does not reflect strong community opposition to the issuance of a Major Variance for the re-establishment of an alcoholic beverage sales operation at 4822 Telegraph.

In support of the Major Variance, The City of Oakland Planning Commission Staff Report states that: Staff has received positive support for the application from Councilwoman Jane Brunner. She has had contact with the applicant and has concurred that the use will further improve the quality of life and revitalization of the surrounding area.

With all due respect, Councilwoman Brunner's statement is groundless and based on the omission of the history of problems at the 4822 Telegraph location. Councilwoman Brunner has received a petition from 38 of the residents located within 500 feet of the proposed bar location, requesting denial of the Major Variance. In addition, Councilwoman Brunner and her staff have received numerous phone calls and e-mails reporting past problems with the sale of alcoholic beverages and the operation of a bar at the 4822 Telegraph location. Councilwoman Brunner has yet to meet with the area residents concerned with the re-establishment of a bar at the 4822 Telegraph location, yet Staff is prepared to accept Councilwoman Brunner's contact with the applicant as sufficient cause for approval of the Major Variance without serious consideration of past and present concerns raised by residents, as demonstrated in the following petition: (Names and addresses given.)

In support of the Major Variance, The City of Oakland Planning Commission Staff Report states that: Staff has also received positive support from the PSA Commander Lt. Green. Lt. Green support the operation of Connolly's at 4822 Telegraph Ave. based on the fact that at his previous location Mr. Cicala's operation generated minimal if any police calls for service and no nuisance activity. Lt. Green further acknowledged that the operator's management style has a direct correlation to the minimal amount of nuisance activity.

With all due respect, Lt. Green's support is at cross-purposes with good neighborhood policing and, like Councilwoman Jane Brunner's assessment, is seriously flawed. We question Lt. Green's evaluation of the credibility of the applicant, in light of the California Alcoholic Beverage Control History file on operations at 4301 Telegraph, the location of Connolly's Bar:

Disciplinary History Violation Date: Reg. Number: 99046686 Cleared On:21-JUL-1999 Reporting Agency: OAKLAND P.D. 1) Charge Date: Section Violated: 24200(a&b) Charge: GROUNDS FOR ACTION 2) Charge Date: Section Violated: 25658(a) Charge: SALE TO MINOR (DECOY) Proceeding Status: COMPLETE Decision: SUSPENDED Suspension Days: 15 Stayed Days 15 POIC/Fine: Suspension Start Date: Suspension End Date: Violation Date: 25-OCT-2002 Reg. Number: 03054657 Cleared On:29-MAY-2003 Reporting Agency: ABC 1) Charge Date: 25-OCT-2002 Section Violated: 24200(a&b) Charge: GROUNDS FOR ACTION 2) Charge Date: 25-OCT-2002 Section Violated: 23300,23355 Charge: SALE OF A/B AT UNLIC'D LOCATION Proceeding Status: COMPLETE Decision: SUSPENDED Suspension Days: 10 Stayed Days POIC/Fine: 1477 Suspension Start Date: Suspension End Date:

In support of the Major Variance, The City of Oakland Planning Commission Staff Report states that: Carter Middle School is the only listed site close to the location that the proposal will have a negative affect [sic] on. The Vice principle of Carter middle school also extend a letter of support to the applicant (Attachment F).

With all due respect to the Vice Principal of Carter Middle School, who gave the Vice Principal the authority to act as spokesperson for the students, parents, teachers and staff of the school and provide a letter of support for the establishment of a bar selling only alcoholic beverages during school hours?

The proliferation of establishments advertising and selling alcoholic beverages in predominantly minority neighborhoods has been devastating for the City of Oakland. Did the Carter Middle School PTA, the Carter Middle School, School Site Council, Oakland School Board, or the State Administrator concur with the Vice Principal's decision to embrace this application for a Major Variance to establish this alcohol selling activity at 4822 Telegraph Avenue?

Why is a negative affect (sic) on Carter Middle School acceptable to the City of Oakland Planning Commission? In light of what we have presented, we urge the City of Oakland Planning Commission to review the serious flaws in the initial report presented for approval of the Proposal to reestablish the sales of alcoholic beverages at an existing bar without cabaret activity within 1,000 feet of another alcoholic beverage sales activity through a Major Variance action.

Approval of the Major Variance is at cross-purposes with what the residents in the area of 4822 Telegraph Avenue define as a livable community. We appeal to the conscience of Mayor Jerry Brown, the sitting members of the Oakland City Council; the sitting members of the Oakland School Board; the State Administrator for the Oakland Public Schools and the Chief of Police for the City of Oakland, Richard Word, to give full weight and consideration to the information presented in this citizen petition to deny the application for a Major Variance to reestablish the sales of alcoholic beverages at an existing bar without cabaret activity within 1,000 feet of another alcoholic beverage sales activity at 4822 Telegraph Avenue.

What is the effect of the proliferation of the sales of alcoholic beverages on the rates of homicide, forcible rape, threats of violence, and domestic violence in the City of Oakland? The following charts graphically illustrate the distribution of crime and its correlation with the density of alcohol sales in the City of Oakland:

January 1, 2003 through September 1, 2003 Homicides in Oakland, CA in Relation to Liquor Store Density Forcible Rapes in Oakland " " " " " " " Threats of Violence in Oakland (same) Domestic Violence in Oaklan (same) Source: OPD Crime Watch Statistics (same) (OaklandNews cannot reproduce the maps, but the relationship between the crimes and the liquor stores/outlets/bars is staggering)

In conclusion, let's look at a two year review of overall crime in the Beat 12X area before and after the closing of Connolly's Bar and the Bird Kage Bar:

Beat 12X Crime Statistics January 1, 2002 through September 1, 2002: Connolly's Bar and Bird Kage Bar both OPEN 343 Total Crimes

Beat 12X Crime Statistics January 1, 2003 through September 1, 2003: Connolly's Bar and Bird Kage Bar both CLOSED 300 Total Crimes