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Judge Halts Funding for Housing Protested by Marin City Residents

In a ruling that marks a major milestone for affirming the concerns of Marin City residents, a Marin County judge has issued a preliminary injunction to halt public funding for the construction of a five-story, 74-unit housing development at 825 Drake Ave. in Marin City, a historically Black community that already holds a disproportionate amount of public and affordable housing in the wealthy enclave of Marin County.

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Pastor Rondall Leggett, of First Missionary Baptist Church, speaking at the Sept. 9 demonstration to stop the building project at 825 Drake Ave. (Facebook photo by Scott Clark)
Pastor Rondall Leggett, of First Missionary Baptist Church, speaking at the Sept. 9 demonstration to stop the building project at 825 Drake Ave. (Facebook photo by Scott Clark)

By Godfrey Lee

Save Our City, a community group working to stop the proposed development at 825 Drake Ave. in Marin City, issued a press release regarding the status of the project. It is summarized below.

In a ruling that marks a major milestone for affirming the concerns of Marin City residents, a Marin County judge has issued a preliminary injunction to halt public funding for the construction of a five-story, 74-unit housing development at 825 Drake Ave. in Marin City, a historically Black community that already holds a disproportionate amount of public and affordable housing in the wealthy enclave of Marin County.

Because the 825 Drake Ave. development was approved under SB 35, a law intended to fast-track affordable housing projects without public notice or hearings, the residents of Marin City were not given notice of the development until after it was approved by the Marin County Board of Supervisors.

While SB 35 was adopted to sideline wealthy enclaves that have historically stonewalled affordable housing projects in their communities, it has been used in Marin City to create even more housing density in the County’s most racially diverse, economically disadvantaged and politically disempowered community.

The well-intentioned law failed to carve out adequate protections for low-income California communities that already have a grossly disproportionate share of their region’s affordable and public housing options, and it has failed to ensure that the term “affordable” takes into account low-income communities like Marin City that are embedded in regions with the highest Average Median Income levels in the state.

On Sept. 6, Marin County Superior Court Judge Stephen P. Freccero entered a Limited Preliminary Injunction on behalf of a Marin City organization, Save Our City (SOC), temporarily halting public funding approved by the Marin County Board of Supervisors for the construction of a five-story, 74-unit housing development at 825 Drake Ave. in Marin City.

SOC had filed suit on May 18 to invalidate the Board’s approval of the bonds, arguing that the Board had improperly failed to exercise its discretion in deciding whether to approve the bonds. Transcripts of Board proceedings showed that Board members erroneously believed that a recent state law allowing expedited approval for certain housing developments had stripped the Board of the power to decide whether funding such a development was in the community and County’s best interests.

The Court agreed with SOC, finding that Board approval of the bonds did require that “the [local authority] decide the matter [at issue] after considering local residents’ views, and by clear implication requires the [local authority] to consider city priorities and housing needs, the wisdom of preferential financing for the project, and all other relevant considerations to which elected representatives normally give weight in executing their office.”

Given these considerations, the Court stated that the Board’s refusal “to consider or exercise its lawful discretion may be grounds to invalidate the resolution.”

Save Our City was formed to stop this large-scale development from being forced on the small, historically Black community of Marin City, which is already densely saturated with affordable housing and has only one park in the entire city.

The proposed development would encroach on that limited open space available to Marin City residents and block sunlight, particularly from the seniors living in existing affordable housing directly next to the proposed site.

Meanwhile, the wealthy and predominantly white surrounding communities in Marin County offer little to no affordable housing options for Marin County residents and have ample open green and recreational spaces for their community.

The Marin County Board of Supervisors is responsible for overseeing affordable and public housing options in unincorporated Marin. To address the housing shortages in California, state law requires each region to supply housing to meet its Regional Housing Needs Allocation (RHNA).

The RHNA is intended to promote several objectives including: (1) increase housing supply and the mix of housing types in an equitable manner; (2) discourage housing development patterns that segment communities, (3) affirmatively further fair housing. Marin County’s approval of the 825 Drake Ave. project in Marin City violates all these principles:

Marin City already has the most public housing in Marin County. While Marin City represents only 1% of Marin County in size (356 acres), it already possesses 60% of the public housing units available in all of Marin County (296 of 496 total public housing units).

Marin City already has the highest housing density. In Marin City 61.4% of the housing structures are buildings with five or more units. This is greater than the surrounding predominantly white and wealthy unincorporated communities, with Strawberry being the second largest at 42%.

Because Marin County has one of the nation’s highest Average Median Income (AMIs), the “affordable” 825 Drake Ave. housing development will not be affordable to most of the residents in Marin City and will perpetuate further gentrification of this community.

Marin County has repeatedly denied Marin City residents the courtesy of notice or an opportunity to be heard concerning the County’s approval of the 825 Drake Ave. project. During the County’s March 21 hearing to consider approval of $40 million in non-taxable bonds to support developer Caleb Roope’s construction of 825 Drake Ave., the residents raised their concerns about inequity and the project’s impacts on the community. With just five days’ notice before the hearing, community members scrambled to provide substantive feedback during the limited minutes of public comment. However, their comments fell upon deaf ears.

It is on this basis that Save Our City filed its lawsuit, arguing that the Board failed to perform their required duty under the law — which was to use their discretion to weigh whether the “governmental interest in not giving approval [of the bonds] may outweigh the desirability of furnishing low rent housing.”

Because of SB 35’s fast-track approval process, this bond hearing was the community’s sole opportunity to be heard on the devastating effects of the 825 Drake Ave. development. Instead of weighing these important interests, Board members made repeated statements about how their “hands were tied” and they did not have discretion to deny the bonds.

SOC co-founder Bettie Hodges observed that “The County has failed to represent Marin City throughout this process. First, we are told that they were not legally required to give us notice of 825 Drake’s approval, then, in the bond hearing, they tell us that they did not have discretion to consider our comments.

“We have been completely silenced at every turn. Our elected representatives could and should have given us the courtesy of notice and an opportunity to be heard, especially given the inequities in Marin City that are a direct result of Marin County’s history of discriminatory housing practices.”

Marilyn Mackel, co-founder of SOC, stated that “I was disappointed to see that even in the preliminary injunction hearing, the County stood silent. They did not defend their approval of the bonds, but also did not have the moral fortitude to concede that they failed to consider our concerns when they approved the bonds. Their repeated choice to stand silent is not just an abdication of responsibility, it is a perpetuation of economic and racial segregation in Marin County.”

Save Our City’s Lawsuit seeks to preserve this small piece of open space in Marin City. Marin County is known for its green and open spaces, including hiking trails, streams, open fields and waterways. While the rest of unincorporated Marin County is characterized by these copious green spaces, Marin City has only one small park that is made of concrete and astro-turf.

For more information, please contact: Bettie Hodges at bettie@hannahprograms.org, or Marilyn Mackel at mmackel@gmail.com

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Activism

Discrimination in City Contracts

The report was made public by Councilmember Carroll Fife, who brought it this week to the Council’s Life Enrichment Committee, which she chairs. Councilmembers, angry at the conditions revealed, unanimously approved the informational report, which is scheduled to go to an upcoming council meeting for discussion and action. The current study covers five years, 2016-2021, roughly overlapping the two tenures of Libby Schaaf, who served as mayor from January 2015 to January 2023.

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Dr. Eleanor Ramsey (top, left) founder, and CEO of Mason Tillman Associates, which conducted the study revealing contract disparities, was invited by District 3 Councilmember Carroll Fife (top center) to a Council committee meeting attended by Oakland entrepreneur Cathy Adams (top right) and (bottom row, left to right) Brenda Harbin-Forte, Carol Wyatt, and councilmembers Charlene Wang and Ken Houston. Courtesy photos.
Dr. Eleanor Ramsey (top, left) founder, and CEO of Mason Tillman Associates, which conducted the study revealing contract disparities, was invited by District 3 Councilmember Carroll Fife (top center) to a Council committee meeting attended by Oakland entrepreneur Cathy Adams (top right) and (bottom row, left to right) Brenda Harbin-Forte, Carol Wyatt, and councilmembers Charlene Wang and Ken Houston. Courtesy photos.

Disparity Study Exposes Oakland’s Lack of Race and Equity Inclusion

Part 1

By Ken Epstein

A long-awaited disparity study funded by the City of Oakland shows dramatic evidence that city government is practicing a deeply embedded pattern of systemic discrimination in the spending of public money on outside contracts that excludes minority- and woman-owned businesses, especially African Americans.

Instead, a majority of public money goes to a disproportionate handful of white male-owned companies that are based outside of Oakland, according to the 369-page report produced for the city by Mason Tillman Associates, an Oakland-based firm that performs statistical, legal and economic analyses of contracting and hiring.

The report was made public by Councilmember Carroll Fife, who brought it this week to the Council’s Life Enrichment Committee, which she chairs. Councilmembers, angry at the conditions revealed, unanimously approved the informational report, which is scheduled to go to an upcoming council meeting for discussion and action.

The current study covers five years, 2016-2021, roughly overlapping the two tenures of Libby Schaaf, who served as mayor from January 2015 to January 2023.

The amount of dollars at stake in these contracts was significant in the four areas that were studied, a total of $486.7 million including $214.6 million on construction, $28.6 million on architecture, and engineering, $78.9 million on professional services, and $164.6 million on goods and services.

While the city’s policies are good, “the practices are not consistent with policy,” said Dr. Eleanor Ramsey, founder and CEO of Mason Tillman Associates.

There have been four disparity studies during the last 20 years, all showing a pattern of discrimination against women and minorities, especially African Americans, she said. “You have good procurement policy but poor enforcement.”

“Most minority- and women-owned businesses did not receive their fair share of city-funded contracts,” she continued.  “Over 50% of the city’s prime contract dollars were awarded to white-owned male businesses that controlled most subcontracting awards. And nearly 65% of the city’s prime contracts were awarded to non-Oakland businesses.”

As a result, she said, “there is a direct loss of revenue to Oakland businesses and to business tax in the city…  There is also an indirect loss of sales and property taxes (and) increased commercial office vacancies and empty retail space.”

Much of the discrimination occurs in the methods used by individual city departments when issuing outside contracts. Many departments have found “creative” ways to circumvent policies, including issuing “emergency” contracts for emergencies that do not exist and providing waivers to requirements to contract with women- and minority-owned businesses, Ramsey said.

Many of the smaller contracts – 59% of total contracts issued – never go to the City Council for approval.

Some people argue that the contracts go to a few big companies because small businesses either do not exist or cannot do the work. But the reality is that a majority of city contracts are small, under $100,000, and there are many Black-, woman- and minority-owned companies available in Oakland, said Ramsey.

“Until we address the disparities that we are seeing, not just in this report but with our own eyes, we will be consistently challenged to create safety, to create equity, and to create the city that we all deserve,” said Fife.

A special issue highlighted in the disparity report was the way city departments handled spending of federal money issued in grants through a state agency, Caltrans. Under federal guidelines, 17.06%. of the dollars should go to Disadvantaged Business Enterprises (DBEs).

“The fact is that only 2.16% of all the dollars awarded on contracts (went to) DBEs,” Ramsey said.

Speaking at the committee meeting, City Councilmember Ken Houston said, “It’s not fair, it’s not right.  If we had implemented (city policies) 24 years ago, we wouldn’t be sitting here (now) waiving (policies).”

“What about us? We want vacations. We want to have savings for our children. We’re dying out here,” he said.

Councilmember Charlene Wang said that she noticed when reading the report that “two types of business owners that are consistently experiencing the most appalling discrimination” are African Americans and minority females.

“It’s gotten worse” over the past 20 years, she said. “It’s notable that businesses have survived despite the fact that they have not been able to do business with their own city.”

Also speaking at the meeting, Brenda Harbin-Forte, a retired Alameda County Superior Court judge, and chair of the Legal Redress Committee for the Oakland NAACP, said, “I am so glad this disparity study finally was made public. These findings … are not just troubling, they are appalling, that we have let  these things go on in our city.”

“We need action, we need activity,” she said. “We need for the City Council and others to recognize that you must immediately do something to rectify the situation that has been allowed to go on. The report says that the city was an active or inactive or unintentional or whatever participant in what has been going on in the city. We need fairness.”

Cathy Adams, president of the Oakland African American Chamber of Commerce, said, “The report in my opinion was very clear. It gave directions, and I feel that we should accept the consultant Dr. Ramsey’s recommendations.

“We understand what the disparities are; it’s going to be upon the city, our councilmembers, and our department heads to just get in alignment,” she said.

Said West Oakland activist Carol Wyatt, “For a diverse city to produce these results is a disgrace. The study shows that roughly 83% of the city contracting dollars went to non-minority white male-owned firms under so-called race neutral policies

These conditions are not “a reflection of a lack of qualified local firms,” she continued. “Oakland does not have a workforce shortage; it has a training, local hire, and capacity-building problem.”

“That failure must be examined and corrected,” she said. “The length of time the study sat without action, only further heightens the need for accountability.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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Activism

Community Celebrates Turner Group Construction Company as Collins Drive Becomes Turner Group Drive

The event drew family, friends, and longtime supporters of Turner Group Construction, along with a host of dignitaries. The mood was joyful and warm, filled with hugs, handshakes and belated New Year’s greetings. Guests enjoyed hors d’oeuvres and a festive display of gourmet cupcakes as they conversed about the street sign reveal. 

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The Turner Construction group members.
The Turner Construction group members.

By Carla Thomas 

It was a family affair on Friday, Jan. 23, at the corner of Hegenberger Road and Collins Drive in East Oakland as community members, local leaders, and elected officials gathered to celebrate the renaming of Collins Drive to Turner Group Drive. The renaming saluted the Turner Group’s 45-plus years of economic development and community investment.

The event drew family, friends, and longtime supporters of Turner Group Construction, along with a host of dignitaries. The mood was joyful and warm, filled with hugs, handshakes and belated New Year’s greetings. Guests enjoyed hors d’oeuvres and a festive display of gourmet cupcakes as they conversed about the street sign reveal.

Special guests included former Alameda County Supervisor Keith Carson, veteran broadcaster Valerie Coleman-Morris, Chevron Senior Public Affairs Representative Andrea Bailey, community leaders Cephus “Uncle Bobby” Johnson and Beatrice “Aunt Bea” Johnson of the Oscar Grant Foundation, and Oakland City Councilmembers Ken Houston, Carroll Fife, and Kevin Jenkins. Members of WEBCORE, the Nor Cal Carpenters Union, the National Association of Minority Contractors (NAMC), Swinerton and Alten construction companies, activists Elaine Brown and David Newton, and many others joined the celebration.

Inside the event tent, an emotional Oakland City Councilmember Ken Houston spoke of his deep connection to the Turner family.

“I grew up on the same street with the Turners,” he said. “When my father passed away, their parents and siblings embraced me like family. This is our city, and it’s an honor to name this street Turner Group Drive because of the love and effort this company and family have given. Many dreams came out of this building. I wouldn’t be where I am today without the Turners.”

Councilmember Kevin Jenkins, whose father once taught the Turner brothers, added, “Len Turner is an amazing person. He’ll help anyone.”

Oakland Mayor Barbara Lee praised the company’s legacy, noting its creation of the Construction Resource Center, which trains and mentors the next generation of builders and developers through partnerships across the region. “This is a great day for Oakland and a profound acknowledgment of the Turner Group’s contribution to our community,” she said.

Fife echoed that sentiment: “This is a day for celebrating Black excellence. The Turner Group has poured into people and the community, showing us what’s possible.”

Among the many family members in attendance was the Turners’ 92-year-old patriarch, whose presence underscored the strength of the family’s legacy.

A touching highlight of the event came when Coleman-Morris was honored for her lasting mentorship of LaTanya Hawkins, now program manager of the Construction Resource Center. In 1979, Hawkins, then a fourth-grader, wrote Coleman-Morris a letter seeking advice. Coleman responded with words of encouragement that inspired Hawkins to pursue her dreams. The two stayed in touch for decades. On stage, they embraced as Coleman reflected on “the power of small acts of kindness to change a life.”

Coleman-Morris also shared reflections on leadership and community spirit, saying, “If we change the way we look at things, the things we see will change.” She then recited the Serenity Prayer, reminding the crowd, “We are a powerful community, we just need to believe it.”

Company leaders Len and Lance Turner closed the ceremony with words of gratitude and humor. Len thanked his mother, wife, family, legal team, and longtime supporters including Carson, Geoffrey Pete, and the late Dorothy King of Everett & Jones Barbecue. He also acknowledged the challenges the company had overcome, saying, “Without all of this support, I wouldn’t be here today.”

Through Turner Group Construction and the Construction Resource Center, the Turners have created new opportunities for underrepresented groups in the construction industry and continue to inspire the next generation of builders.

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