Effect of Eli's Mile-High Club on crime in the neighborhood

One of the less intuitive assertions by Hearing Officer Barbara Killey, at the August 28th hearing to assess whether or not Eli's Mile High Club should receive a cabaret permit, was the concept that the club would be held responsible for all crime in the vicinity. Even if a crime occurred on someone else's property, during hours when the club was closed, it would be assumed to be due to the presence of the club. The rationale was that the club would attract people, and therefore criminals, to the area. However, statistics on crime in that neighborhood now indicate that the open club has little if any effect on criminal activity.

At the time, it strained credulity to believe that a business owner should be held accountable for criminal activities he neither condones nor profits from, by individuals he does not know, on property he does not own or control, even during hours when his business is closed. But the concept fit in perfectly with the City's anti-business posture that has spurred many community-serving establishments to flee Oakland for more friendly, neighboring communities. It also helped to expose the ongoing hyprocisy in a City that repeatedly funnels scarce resources into youth-oriented arts programs (most recently Measure OO) whose benefits are difficult to measure, while at the same time denying mature artists the venues, funding and programs that would allow the arts to flourish here. Now, however, crime statistics around Eli's make it clear that the presence of the club has no measurable effect on crime in the neighborhood--which, incidentally, is in police Beat 6, acknowledged through OPD measurement of "stressors" to be the most high-crime area in the City.

The "Crimewatch" tool at oaklandnet.com allows one to filter crime reports within 500 feet of an address, by month. Since the club reopened in early August, I searched for the crime reports in August, September and October, then compared them to June as a "control" month, when the club was closed. Compared to eight incidents logged in June, there were five in August, five in September and six in October. November is half over and there has only been one reported incident on Crimewatch. Obviously, there is no "blip" here, no spike in crime caused by the presence of an active business in the neighborhood.

Could it be time to admit that the City's anti-business stance is without merit, and grant the club the cabaret permit it seeks?

City to update neighborhood zoning

The City of Oakland is updating zoning to conform to the General Plan adopted in 1998. This provides the opportunity to align zoning with the actual current uses on existing parcels, as well as to steer streets and neighborhoods toward optimal future uses, depending upon their location and needs. Public meetings were held on September 25th and October 4th to explain what the rezoning is and why it is being conducted now.

With the exception of quasi-commercial streets like Martin Luther King Jr Way, West MacArthur and parts of Market Street, our neighborhood is largely zoned currently as “R40 – Garden Apartment Residential”. This is a denser designation than would be the case for, say, single-family detached homes in the hills, but still allows only two dwellings per parcel. Should the neighborhood strive to preserve private open space (back yards), or should we aim to create more housing by increasing density?

In the 1940’s and early 1950’s, the City advertised itself nationwide as an “industrial garden”—where contented workers could live happily in modest bungalows, near plentiful jobs, enjoying beautiful weather in their backyard gardens. That dream quickly soured when wartime jobs evaporated, freeways and government subsidies drew skilled whites to the suburbs, property values declined and inner cities like Oakland became containment zones for the poor. In our neighborhood, many gardens have been paved over or lost to second (or third) units as absentee landlords attempt to squeeze additional income out of their investments. Shouldn’t we attempt to preserve what we have left?

Per a study by the Trust for Public Land, Oakland has 9.5 acres of parks and public land per 1,000 residents. By comparison, San Francisco has only 6.7 acres per 1,000.

The JAMMI neighborhood (Census Tract 4010), with less than seven acres of parks and public space for 5,709 residents, has about 1.22 acres per 1,000. We need to preserve our backyards to augment this open space.

Affordable housing advocates would point to the Association of Bay Area Governments’ affordable housing allocation for Oakland of 3,998 units affordable to low or very low income families to be created between 2007 and 2014. They might argue that higher density is needed to achieve affordable housing goals, regardless of the impact on our quality of life. They might point out that people today have more indoor recreational opportunities (cable, computers) and need parks less.

The R40 designation appears to have been widely abused. Many lots in the area have three or more units. When asked how zoning restrictions are enforced, Eric Angstadt acknowledged that there is only one inspector for the entire city, and legal actions take a long time. As additional units, legal or not, fill in the neighborhood year after year, more on-street parking is needed to support these units. If left unchecked, congestion increases and quality of life decreases.

Should we press for zoning that limits build-out, or should we encourage higher, denser residential properties? What types of commercial and retail should we encourage, and at what locations? Leave a comment here with your opinion. Let’s make our voices heard or others will decide the future of our neighborhood for us.

What's to eat in JAMMI

Eli’s Mile High Club
Step into Eli’s on a sunny day and your eyes need a moment to adjust—the walls are painted matte black and the bar is dimly lit. On a Sunday afternoon, the place is deserted and it may take some doing to rouse a bartender. The bar seats ten on stools upholstered with a variety of red vinyl, none of it new. Small tables inside the club will seat perhaps two dozen; a similar number could find chairs in the backyard patio, half of which is covered. Photos and posters around the pool table recall perhaps grander days when the club was the “home of the West Coast blues,” as the tiled bar still proclaims. A proclamation the wall, from the administration of Mayor Elihu Harris, honors the late Troyce Key, who owned the club in its heyday. His legendary “orange booth” remains, but the orange vinyl is deeply torn.

The menu is limited to a “Tilamook cheddah burger” ($5), “battered fish and chips ($6), and a “bacon-wrapped hot dog” ($3), while a side order of fries is a buck. The bar offers a choice of 15 different beers, most imported, and well drinks, as well as Beck’s non-alcoholic beer ($4). During happy hour on Fri-Sun from noon to 5 pm, beer is $1 and well drinks $3. The place is open Mon-Thurs from 5 pm to 2 am, and Fri – Sun from noon to 2 am.

The Tilamook cheddah burger was not huge but was definitely tasty, and we would order it again. For an extra dollar, it came with a generous order of fries, which were freshly made and not greasy.

The battered fish and chips turned out to be three pieces of fish with fries. The fish was hot but a bit tough and chewy. The fries were great but not as ample as we got with the side order.

The jukebox offers an eclectic mix running from the Troggs to Sam Cooke to the Bleach Boys to Lowell Fulson. However, it was turned off; the sound system instead churned out some “alternative rock” at a volume that allowed conversation if one was determined to be heard.

In short, the place is a dive with a lot of atmosphere and history.

Eli’s Mile High Club is at 3629 Martin Luther King Jr. Way in JAMMI. Ample parking is available under the nearby freeway or by the park across the street. The MacArthur BART station is within a five-minute walk.

Las Palmas
Las Palmas Super Burrito and Seafood is a take-out restaurant specializing in Mexican cuisine. Generally, street parking is available in front of the door. A large glass-front window allows one to see who’s inside before you enter.

Upon entering, one orders at an ominously reinforced plexiglass window that probably wouldn’t stop a bullet, but serves as a barrier between the customer and the staff of four. Therefore, you may have to strain to be understood when placing your order. Corrugated aluminum wall decorations, partially covered with cement and accented with sporadic orange, diamond-shaped tiles, add to the edgy urban feel of the place, as do the exposed wiring and florescent lights. The paint job is purposely whimsical. A large brick-framed painting of Dr. Martin Luther King, wearing a gold watch, dominates one wall. A security camera is evident up near the ceiling, but the monitor is switched off.

Ten or twelve chairs at four small tables allow you some comfort while waiting for your order. In the corner, a small TV plays a Spanish-language station from atop the garbage bin.

Portions are huge enough to challenge even a ravenous teenager. Fortunately, the place also sells half-orders if asked. The menu is varied and prices generally fall under $10 per item, although large orders of fish run higher.

The burritos are a good bet, as the leftovers can be refrigerated for tomorrow’s lunch. The enchiladas were buried somewhere in a Styrofoam platter, under beans, rice, sour cream and the usual sauces. Having everything tossed in together kept one from enjoying the individual flavors. Somehow, the enchiladas weren’t as tasty as the burritos.

Las Palmas is at 3817 Market Street. For faster service, phone your order ahead at 547-1249. That may also free you from having to shoo away panhandlers who approach you while you wait or order. The restaurant is open from 11 to 9:30 Mon – Thu, and 11 to 10:30 on Fri – Sat.

Manzanita Restaurant
If you are in the mood for organic, vegan food, the Manzanita Restaurant is the place to go. Macrobiotic head chef and Kushi Institute graduate Julie Ong has created a unique and healthy dining experience.

While offering ample seating indoors, the restaurant also features an enclosed outdoor patio on quiet Linden Street, next to a wire mesh unicorn statue by Mardi Storm. I waited in a short line at the front counter to inform the maitre d’ I wanted lunch, expecting to be given a menu or a list of specials. Instead, his question was “large or moderate?” I chose moderate. He offered me some tea, which I gratefully accepted, and went to sit on the patio.

Soup was brought immediately. It was a satisfying lentil broth with a scattering of green onions and carrots. It was promptly followed by a five-course plate. A scoop of rice and bulgar wheat in the middle was circled by a salad of baby romaine with Tahini, summer vegetables with a turmeric sauce, black beans and a second leafy dish. Each was tasty and, combined, satisfied the appetite.

I later learned that the menu for each meal is posted daily on the manzanitarestaurant.com website. On a later visit, I ordered the full meal, which was identical to the moderate selection except, of course, larger portions. This particular day featured Red Lentil Carrot Celery Soup, followed by a wheel of Rice-Millet-Quinoa Balls w/ Cashew-Spinach Sauce, surrounded by the spokes of Black Eyed Peas w/ Onions, Saute' Daikon, Carrots & Red Beets, Steamed Kale Greens and a Mixed Green Salad w/ Tahini-Mustard Dressing for $12.75. For those on a budget, a “simple meal” is offered for $8.25.

On the corner of 40th Street and Linden, the place is open seven days, serving lunch from 11:30 to 2:30 and dinner from 5:30 to 9:00.

Café Dejena
Café Dejena offers breakfast and lunch. The lunch menu consists primarily of standard fare such as soups, sandwiches, burgers, pastas, salads, with a handful of Eritrean dishes, and fruit smoothies added for the mildly adventurous. The Caesar salad was ample but hardly remarkable, romaine lettuce with croutons and grated cheese. The menu said “served with bread” but I didn’t find any. The presentation helped--on a green plate with a scattering of bits of purple cabbage around the edge. The Black Beauty smoothie contained berries and yoghurt; the straw was too tiny to handle the blackberry seeds.

Breakfasts are also unassuming, omelets and pastries. The Eritrean fit-fit was an interesting departure if you want “something else.” The Café provides a spot to loiter over expresso and pastry and chat with friends, also offering free Wifi service, and a large-window view of the busy intersection. The simple wood-seated chairs do not themselves invite one to linger, but two padded armchairs in the back are available and service is not rushed.

Café Dejena is located at 3939 Martin Luther King on the corner of 40th Street, and is open 7 – 5 on weekdays and 9 – 5 on weekends.

Cabaret hearing for Eli's club is inconclusive

The cabaret permit hearing for Eli’s Mile High Club, held August 28th at City Hall, was inconclusive. Various inspections need to be completed, testimony reviewed, and conditions proposed before any permit will be issued.

The twenty or so people in attendance appeared to be divided between Eli’s neighbors and those with some financial interest in the club (owners, employees, contractors, vendors, booking agents), with a few other interested parties thrown in. The half dozen immediate neighbors who attended expressed concerns about noise, parking, blocked driveways, loitering, rowdy behavior, tobacco smoke and misdeeds of prior owners. Sgt. Kyle Thomas of OPD voiced three concerns of the police department: diversion of resources to respond to problems typical of nightclubs, issues of compatible use with a club located in a residential neighborhood, and a concern the club would adversely boost crime statistics in the area (and thereby make Captain Toribio look bad). Supporters of the club pointed to its rich and long history as an entertainment venue and restaurant, the efforts the new owners are making to address residents’ concerns, and the jobs and tax revenue a successful nightclub would generate.

The new club owner, Geoffrey Melville, son of a blues musician, expressed his fervor to host live entertainment and his commitment to accommodate the neighbors to make it happen, while admitting a total lack of experience. Head of security Jason Herley, with some prior experience working at nightclubs back east, described the management’s response to recent incidents involving a blocked driveway, noise complaints and unruly behavior in a nearby park. The club will clear the patio area after 10 pm if it gets noisy, and will station doormen to monitor patrons as they exit. Plans are to have one security guard for every 45 patrons. Soundproofing professional Brian Hood stated that existing soundproofing had been poorly installed and that he would dramatically improve the noise situation, but that it was unrealistic to think that anything could completely block all noise.

Hearing Officer Barbara Killey questioned how club management would judge when the patio noise level was inappropriate or not. She rebuked property owner Mike McDonald for not taking responsibility for excesses allowed by previous club owners, and noted that the property owner was ultimately responsible for noise violations, with a $1,000 per day penalty possible. Mike’s note that he had spent some $80,000 in the past on soundproofing upgrades was brushed aside. Ms. Killey informed the owners that Oakland’s noise ordinance does not allow noise from a business to be heard over 50 feet away in any direction. She questioned the experience and capitalization of the new club owners and expressed doubt that a permit could be granted without a good track record being first established.

What was missing from the process was any sense of responsibility on the part of neighbors for their own welfare. Some houses in the area are over a hundred years old, with single-pane windows and no insulation—barely better than tents at blocking noise. The Hearing Officer stated that Eli’s must upgrade to meet current standards; the fact that it has offered entertainment for decades at that location in its current condition (or worse) is insufficient. But neighbors, apparently, have no responsibility to upgrade their own dwellings if they have problems with noise. Nor does one’s decision to live in a neighborhood in the shadow of a major freeway interchange, next to the BART tracks on a street with AC Transit buses, seem to bring with it any expectation that one should tolerate a high noise level.

It seems unlikely that a permit will be issued – or that the club will survive. A few neighbors are determined to close it down. The City’s attitude, as usual, is that businesses must meet ever higher standards regardless of cost, although City officials routinely wonder aloud why Oakland has little retail, a shrinking business tax base, and one of the nation’s highest percentages of consumer dollars spent in neighboring communities. The winners here may be a few close neighbors who bought property cheaply due to location, and likely will get a boost in value if condos are built on the land instead. The losers, as usual, will be the citizens of Oakland, who will lose an iconic cultural treasure.

City graffiti clean-up fast but uncoordinated

Recently, a local resident documented 16 fresh “tags” that had appeared on Martin Luther King Jr. Way and reported them to the public works via their online form, as well as by e-mail to the public works call center. Most of the tags were painted over by Public Works within four business days.

To report graffiti, determine the address of the property, then call Public Works at 615-5566, or e-mail them at pwacallcenter@oaklandnet.com, or by filling out an online form. To find the online form, go to http://www.oaklandpw.com/Page808.aspx.

However you report the problem, you will be given an incident number that you can use to inquire about progress in addressing your issue.

Councilmember Brunner’s office seemed confused about the scope of Public Works’ duties regarding graffiti. Copied on the request mentioned above, Ms. Brunner’s office (Geoffrey Johnson) contacted the resident who had reported the graffiti and stated that Public Works would not take action because the tags were on private property. Mr. Johnson volunteered to forward the matter to Code Enforcement, who would then determine who the property owners were, contact them, and give them 30 days to clean up their properties. That effort became moot within days, when Public Works painted over most of the graffiti.

A graffiti abatement supervisor at Public Works could not be reached for comment about the appropriate scope of Public Works’ efforts.

While the speed of Public Works response was excellent, the quality of their remediation was spotty. Frequently, colors were poorly matched. Graffiti that was clearly visible from the locations of reported tags, but which was not included in the complaint, was not addressed. Graffiti on brick or tile was not remediated.

Public Works needs to update their techniques for graffiti removal. The anti-graffiti industry has made significant strides in recent years. Simply painting over graffiti with poorly matched paint leaves our neighborhood a patchwork crazy-quilt of colors.

The City needs to initiate a program of prevention that incents business owners to apply graffiti-resistant coatings to high-risk areas. Various coatings and compounds are now available that allow most graffiti to be easily washed, wiped or scrubbed off.

For example, SEI’s GPA-200 Graffiti Proofer Anti-Stick claims to allow easy removal from brick or masonry surfaces. The surfaces must be blast-cleaned before sealants are applied.

Graffiti Solution’s MaxAll is a non-stick coating the manufacturer recommends for all surfaces except those with low-gloss paints.

American Polymers claims its Graffiti Solution System will last 25 years and is easily removable itself, yet protects various surfaces, including brick.

JJB Solutions sells Power-ite, a graffiti removal gel and other removers that it states are effective on a variety of surfaces.

Due to issues with color matching, painting over graffiti should be the last resort, not the de facto response. Public Works needs to move into the 21st Century and apply new methods. The City needs to work proactively with business owners to prevent and respond to graffiti attacks.

NCPC picks up ball dropped by Dellums

Last Fall, our City leaders announced with great fanfare that Beat 06X (including the area of JAMMI south of 40th St) and another beat in East Oakland had been selected for a special focus to fight crime and improve the neighborhood. Under the direction of the Mayor, City departments were to coordinate resources and work together to solve entrenched problems with a smorgasbord of City services. A committee (which included no community members) was said to be working on implementation. After a few months, nothing more was heard of the program.

The Beat 6 Neighborhood Crime Prevention Council has initiated what Mayor Dellums and his department heads seemed unable to do. On August 14th, the NCPC led a tour of Beat 6 for staff from various agencies. Along for the ride were representatives from CalTrans, Code Compliance, Public Works, OPD, the Alameda County Probation Office, Councilmember Nadel’s office, the Oakland Housing Authority, the West Oakland Project Area Committee and West Street Watch. (The Mayor’s Office was invited to send a representative, but no-one came.) Everyone piled into a van and took a two-hour ride, block by block, through most of the beat.

The group slowed or stopped frequently to discuss problems with individual properties, including graffiti, trash, illegal uses, weeds, crime, toxic contamination, vacant and boarded up conditions, untended yards, loitering, nuisances, potholes, dumping, abandoned cars, noise, stray animals, nonfunctioning streetlights, liquor stores, homeless encampments, litter, broken sidewalks, overflowing dumpsters, theft of recyclables, and the many other characteristics that blight our neighborhood. Participants were given clipboards to take notes, in the hope that the agencies represented would start to address specific conditions under their jurisdiction.

The fact that the leadership is coming from volunteer community members rather than paid elected leaders in itself is a sad comment on the current paralysis in Oakland City government.

Eli's Mile High Club re-opens--but will it rock?

Eli’s Mile High Club, 3629 Martin Luther King Jr. Way, which closed May 1st due to a rent dispute between then-club owner Sam Marshall and the property owners, has re-opened under new management. The club is open M-Th 5 pm – 2 am and Fri-Sun from noon to 2 am. The bar boasts cheap drinks on certain nights, as well as a tasty Tillamook cheddarburger and fries.

But will the club offer live music, as it has for much of the past 34 years? The answer will depend upon the City’s response to club owner Geoffrey Melville’s application for a cabaret permit. A hearing on the application will be held on Thursday, August 28th at 3 pm in City Hall Hearing Room 2.

Several neighbors of the club are opposed to the granting of the permit. One neighbor writes, “The last thing we want is loud shows, loud patrons, no parking and all the other BS that comes with this type of venue.” However, this neighbor predicts “If the club is run well, adequately sound proofed and supplied patron parking they would have no complaints from me and most of the neighbors.”

Another neighbor near the club is taping the late-night noise from patrons’ voices, as heard in his bathroom, to demonstrate the noise impact on his privacy. Much of the neighbors’ ire references transgressions of previous club owners, who apparently ignored valid concerns and allegedly violated various city ordinances.

The club has a rich history as the “home of the West Coast blues,” and in the 1980’s was patronized by celebrities who came to hear national blues artists. It is located in the shadow of the MacArthur freeway maze, and is across the street from the BART railroad tracks. Two AC transit lines run on MLK from 6 AM until as late as midnight—it's a noisy location by any reasonable standard.

Club manager Jason is hopeful that the neighbors will choose to work with the club’s management to find satisfactory solutions to their valid concerns. When discussing these issues recently with a local resident, he pointed out thick soundproofing, said to cost $50,000, that had been installed around the stage some years back in an attempt to alleviate the noise problem. It will be augmented, Jason said, by rubber floor mats that may help to absorb the bass. Jason plans to hold a community meeting at the club in advance of the cabaret permit hearing, to air neighbors’ concerns and start a dialogue to address those issues.

A member of the West Oakland Project Area Committee has suggested that redevelopment funds could be used to further soundproof the club, if indeed noise from inside the club is a valid concern and if soundproofing would effectively resolve the noise issue. City staff responded that such improvements might be considered under the Tenant Improvement Program, but at best the City would only pay half the cost. Other ideas that community members have offered are purchase of a large lot adjacent to the club for parking, limiting hours of operation or ages of patrons, and running a shuttle to BART or another parking lot.

If the club closes, it might well result in yet another boarded-up target for copper thieves, returning neither cultural value to the community, nor business tax revenue to the City. It would seem to be in the best interest of the community to find solutions that would make this historic club a community benefit.