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Coal Train Dispute Pits Public Health vs. Local Jobs

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Hundreds of community members attended Oakland City Council’s public hearing Monday on the health and safety impacts that exporting coal through the former Oakland Army Base could have on residents in West Oakland and surrounding areas.

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Opponents of coal, backed by expert witnesses, are calling on the City Council to act on a “health and safety” section in the contract between the city and Army Base developer Phil Tagami that would allow the city to halt shipments of a commodity on its property if those shipments would place workers and surrounding communities “in a condition substantially dangerous to their health and safety.”

 

Monday’s public hearing was the first step for the City Council to make this determination, which could result in halting, regulating or placing a moratorium on shipping coal through the bulk commodities terminal at the army base.

 

For over six hours, speakers presented reasons why the city should prohibit or allow coal to be shipped through the future Oakland Bulk and Oversized Terminal (OBOT).

 

The coal discussion quickly polarized into a debate between health, safety and environmental concerns for Oakland residents versus the creation of jobs.

 

However, a number of observers consider the dichotomy between jobs and public health to be misleading because it is unclear whether shipping coal through the bulk terminal would create any more jobs for Oakland residents than any other commodity—such as wheat or potash—that might pass through the terminal.

 

At the end of the six-hour long hearing, some of the councilmembers weighed in on the issue with thoughts and questions they felt still needed to be answered.

 

“There’s no reason to think that if we’re shipping wheat or something else (through the terminal) that there would be any less jobs than coal,” said Councilmember Rebecca Kaplan at the end of the hearing. “In fact, there are many products that would generate more jobs than coal.”

 

Councilmember Desley Brooks questioned the health evidence that opponents of a coal deal were presenting, saying she believes the health experts lack convincing evidence that coal dust and emissions are detrimental to people’s health and the environment.

 

Her principal concern seemed to be focused on job creation.

 

“We need to understand the effects of other issues such as poverty on the health impacts and ask ourselves does it outweigh coal,” said Brooks. “I can’t tell people who cannot feed their children that, yet again, they ought to wait for their next job opportunity.”

 

Pastor Gerald Agee of the Friendship Christian Center said, “The folks who come to our churches that are unable to find jobs and are being pushed out of their places because landlords want more money with rent.”

 

Agee says public health and safety are his primary concerns. He said his support for coal shipments is contingent on the city’s ability to create a binding contract with the developers to ensure there would be consequences if the operators of the terminal fall short on their health and safety promises.

 

Meanwhile, members of the International Longshore and Warehouse Union (ILWU) Local 10 and Local 34, who stand to gain most of the jobs at the terminal, have rejected the plan to export coal through the bulk terminal.

 

Longshore workers are opposed to “locking Oakland into a decades-long lease with a coal industry that many say is dying,” according to an ILWU press release.

 

Jasmin Ansar, a professor of economics at Mills College, told the council that coal is a questionable economic investment, saying the Port of Los Angeles lost money on coal shipment.

 

“The coal industry is in economic decline, and demand has decreased sharply due to cheaper alternatives such as oil, gas and renewables.”

 

“It would be a poor investment choice to tie up investment funds in a project that is unlikely to succeed and will likely leave Oakland to become stranded,” said Ansar.

 

“Coal isn’t going to be making jobs here for people in the community. These are ILWU jobs,” said Brian Beveridge, Co-Director for the West Oakland Environmental Indicators Project (WOEIP).

 

According to Beveridge, not only is it a myth that coal would generate more jobs than any other commodity but there would be “little to no chance that the unemployed and those not in a union would get whatever jobs the terminal would create.”

 

Beveridge said that he and Margaret Gordon of WOEIP had lunch with the developers of the coal terminal, Jerry Bridges and Omar Benjamin, who offered them 12 cents for every ton shipped through the terminal, which could amount to between six and eight million tons a year.

 

The developer told them that WOEIP could use the money any way it wants, including opening a health clinic, according to Beveridge, but he and Gordon turned down the offer.

 

The City Council concluded on Monday that it will keep the public hearing open until Oct. 5, to allow city staff to evaluate the evidence and present options for consideration to City Council by no later than Dec. 8.

 

The Post asked the City Attorney’s office to clarify whether a simple majority or a super major of seven out of eight councilmember would be needed to declare the shipment of coal to be a “health and safety” hazard under the development agreement. The City Attorney did not answer the Post’s question.

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Rest in Peace: A.M.E. Pastor and L.A Civil Rights Icon Cecil “Chip” Murray Passes

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94. “Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

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The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94.

“Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Murray oversaw the growth of FAME’s congregation from 250 members to 18,000.

“My heart is with the First AME congregation and community today as we reflect on a legacy that changed this city forever,” Bass continued.

Murray served as Senior Minister at FAME, the oldest Black congregation in the city, for 27 years. During that time, various dignitaries visited and he built strong relationships with political and civic leaders in the city and across the state, as well as a number of Hollywood figures. Several national political leaders also visited with Murray and his congregation at FAME, including Presidents George W. Bush and Bill Clinton.

Murray, a Florida native and U.S. Air Force vet, attended Florida A&M University, where he majored in history, worked on the school newspaper and pledged Alpha Phi Alpha Fraternity.  He later attended Claremont School of Theology in Los Angeles County, where he earned his doctorate in Divinity.

Murray is survived by his son Drew. His wife Bernadine, who was a committed member of the A.M.E. church and the daughter of his childhood pastor, died in 2013.

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Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

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Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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Funds for Down Payments and Credit Repair Given to Black First Time Homebuyers

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood. Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

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By McKenzie Jackson, California Black Media

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood.

Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

CRD Director Kevin Kish said the department investigates cases of apparent racial bias in housing and sometimes more subtle acts of prejudice like nuisance-free or crime-free housing policies or holding tenants to different standards based on their race.

Kish said, “People will get evicted if they call the police. This can negatively impact victims of domestic violence. We also see these no-crime ordinances, or no-crime policies, used in racially discriminatory ways. If there is some kind of incident, and the police are called and it involves a Black family, then they get evicted, but other folks aren’t necessarily evicted.”

On April 11,1968, a week after Rev. Dr. Martin Luther King, Jr. was assassinated, President Lydon B. Johnson signed the Fair Housing Act, which prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, and nationality.

Kish noted that William Byron Rumford, the first Black California State Assemblymember, who represented Berkley and Oakland, spearheaded the passing of the Rumford Act in 1963. That law sought to end discriminatory housing practices in the Golden State, five years before the Fair Housing Act became law.
Real estate agent and housing advocate Ashley Garner is the director of the CLTRE Keeper Home Ownership program. That organization gave 25 Black, indigenous, and people of color $17,500 each in down payment and credit repair support to purchase a home in Oak Park, a traditionally Black neighborhood in Sacramento, last fall. CLTRE obtained a $500,000 grant from the city of Sacramento to award the funds to the residents after they completed an eight-week homeownership program.

In 2021, the California Housing Finance Agency (CalHFA) noted that around four in 10 Black California families owned homes, which trails that of White, Asian-American and Latinos.
According to Forbes, the median price for a home in California is over $500,000, which is double the cost of a home in the rest of the country.

Black lawmakers recently introduced their Reparations Priority Bill Package that includes support for Black first-time homebuyers, homeowners’ mortgage assistance and property tax relief for neighborhoods restricted by historic redlining.

California Housing Finance Agency (CalHFA) spokesperson Eric Johnson said CalHFA helps prospective low-income and moderate-income Californians purchase homes by offering down payment and closing cost aid. “There are lots of people who have steady jobs, good credit scores, constant income, but they haven’t been able to save up the money that traditional banks need or want to see for a down payment,” Johnson stated. “We help those folks out. We give a loan for the down payment to get them over that hurdle.”
CRD and the Department of Real Estate hosted “Fair Housing Protections for People with Criminal Histories” Zoom call on April 10.

On April 25, CRD will also hold Zoom seminars focused on advocating for fair housing for people with disabilities.

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