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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

Over 500 Join Interfaith Rally in Solidarity with Los Angeles Resistance to Trump Invasion

Over 500 people attended the Tuesday evening rally in Oakland, which was held simultaneously with a prayer vigil in Los Angeles, where rabbis, pastors, Muslim faith leaders, and indigenous spiritual leaders gathered to pray and speak out about the federal government’s abuses of power.

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Hundreds gathered at Fruitvale Plaza in Oakland on June 10 in solidarity with immigrants and opposed to Trump’s use of armed federal agents in Los Angeles. Photo by Beth LaBerge/KQED.
Hundreds gathered at Fruitvale Plaza in Oakland on June 10 in solidarity with immigrants and opposed to Trump’s use of armed federal agents in Los Angeles. Photo by Beth LaBerge/KQED.

By Post Staff

n response to last week’s “invasion” of Los Angeles by armed and masked federal agents, East Bay faith leaders and community members, joined by Oakland Mayor Barbara Lee and Alameda County Supervisor Nikki Fortunato Bas, held an Interfaith vigil Tuesday evening at Oakland’s Fruitvale Plaza in support of Los Angeles residents and immigrant communities across the country.

Over 500 people attended the Tuesday evening rally in Oakland, which was held simultaneously with a prayer vigil in Los Angeles, where rabbis, pastors, Muslim faith leaders, and indigenous spiritual leaders gathered to pray and speak out about the federal government’s abuses of power.

Earlier on the same day, hundreds of protesters at San Francisco and Concord immigration courts shut down the courts after masked, plainclothes federal ICE agents detained people seeking asylum attending their court hearings.

“Too many families in Los Angeles torn apart by this invasion still do not have access to a lawyer — and that’s not an accident. We, the people, the community, are here to say, ‘Enough!’ We must keep organizing and demand that ICE and our government respect the rights of all people and uphold the principle of due process,” said Andrés Pomart with Trabajadores Unidos Workers United.

“We know that when we organize, we win. That’s why our communities – Black, Brown, and working-class – are coming together to support each other in solidarity. Together, as immigrant communities and as a united working class, we will not be divided nor intimidated nor live in fear,” Pomart said.

“Immigrant communities — yes, our immigrant communities — are the heartbeat of Oakland, enriching our neighborhoods with diverse cultures, languages and experience, and deserve the quality of life that every human being deserves. An attack on one of us is an attack on all of us.  “Your city remains committed to protecting our immigrant neighbors,” said Mayor Lee.

“When Trump’s armed goons come for our families and communities, when they trample on our shared values of freedom and opportunity, when they make a mockery of our rights to due process, we are called to step up for our neighbors,” said Supervisor Bas. “This is not just an immigration story. It’s a story about who we are — and how we respond when our neighbors are under attack and when the president of the United States abuses his powers. When they come for one of us, they come for all of us.”

Said Kampala Taiz-Rancifer, the Oakland teachers’ union president, “It is time for us to say, ‘Not in our city.’ We will stop, we will block, we will drive out ICE. We will protect our classrooms. We will protect our streets. We will protect our homes. Together, we rise for the dignity of our families and our right to live without fear.”

“I feel that the president and the current administration is grossly overstepping and abusing their power,” Rabbi Chai Levy, speaking to KQED. “I feel that, as a religious person, communities of faith need to show up and stand in solidarity with immigrants who are threatened and afraid. “It’s important to show up as people of conscience and morality and say that we’re against what our government is doing.”

The vigil was hosted by Bay Resistance, and co-sponsoring organizations included the Alameda Labor Council, Alliance of Californians for Community Empowerment (ACCE), Faith in Action East Bay, Restore Oakland, East Bay Alliance for a Sustainable Economy (EBASE), Ella Baker Center for Human Rights, Oakland Rising, Faith Alliance for a Moral Economy, SEIU Local 1021, Communities United for Restorative Youth Justice (CURYJ), SEIU United Service Workers West, Jewish Voice for Peace Bay Area, Jobs with Justice San Francisco, Interfaith Movement for Human Integrity, Urban Peace Movement, and Trabajadores Unidos Workers United.

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Activism

Oak Temple Hill Hosts Interfaith Leaders from Across the Bay Area

Distinguished faith leaders Rev. Ken Chambers, executive director the Interfaith Council of Alameda County (ICAC); Michael Pappas, executive director of the San Francisco Interfaith Council; and Dr. Ejaz Naqzi, president of the Contra Costa County Interfaith Council addressed the group on key issues including homelessness, food insecurity, immigration, and meaningful opportunities to care for individuals and communities in need. 

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Troy McCombs (from the state of Washington), Elder Mark Mortensen (from Irvine, CA), Michael Pappas, Rev. Ken Chambers, Dr. Ejaz Naqvi, Elder Sigfried Nauman (from the state of Washington), and Richard Kopf. Courtesy photo.
Troy McCombs (from the state of Washington), Elder Mark Mortensen (from Irvine, CA), Michael Pappas, Rev. Ken Chambers, Dr. Ejaz Naqvi, Elder Sigfried Nauman (from the state of Washington), and Richard Kopf. Courtesy photo.

Special to the Post

Interfaith leaders from the Bay Area participated in a panel discussion at the annual meeting of communication leaders from The Church of Jesus Christ of Latter-day Saints held on Temple Hill in Oakland on May 31. Distinguished faith leaders Rev. Ken Chambers, executive director the Interfaith Council of Alameda County (ICAC); Michael Pappas, executive director of the San Francisco Interfaith Council; and Dr. Ejaz Naqzi, president of the Contra Costa County Interfaith Council addressed the group on key issues including homelessness, food insecurity, immigration, and meaningful opportunities to care for individuals and communities in need.

Chambers, said he is thankful for the leadership and support of the Church of Jesus Christ Latter-Day Saints’ global ministry, which recently worked with the interfaith congregations of ICAC to help Yasjmine Oeveraas a homeless Norwegian mother and her family find shelter and access to government services.

Oeveraas told the story of how she was assisted by ICAC to the Oakland Post. “I’m a Norwegian citizen who escaped an abusive marriage with nowhere to go. We’ve been homeless in Florida since January 2024. Recently, we came to California for my son’s passport, but my plan to drive for Uber fell through, leaving us homeless again. Through 2-1-1, I was connected to Rev. Ken Chambers, pastor of the West Side Missionary Baptist Church and president of the Interfaith Council of Alameda County, and his car park program, which changed our lives. We spent about a week-and-a-half living in our car before being blessed with a trailer. After four years of uncertainty and 18 months of homelessness, this program has given us stability and hope again.

“Now, both my son and I have the opportunity to continue our education. I’m pursuing cyber analytics, something I couldn’t do while living in the car. My son can also complete his education, which is a huge relief. This program has given us the space to focus and regain our dignity. I am working harder than ever to reach my goals and give back to others in need.”

Richard Kopf, communication director for The Church of Jesus Christ in the Bay Area stated: “As followers of Jesus Christ, we embrace interfaith cooperation and are united in our efforts to show God’s love for all of his children.”

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Alameda County

Council Approves Budget to Invest in Core City Services, Save Fire Stations, Invest in Economic Development

I am most proud of our ability to fund these critical city services without the use of one-time fixes. We are still suffering the consequences of last year’s budget, where a majority of the Council, myself not included, chose to incorporate anticipated proceeds from the sale of the Coliseum to fund essential services. Since the sale has still not yet been completed, the lack of funds led to drastic cuts in city services, including the temporary closure of fire stations, staff layoffs, and the cancellations of many service contracts.

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District 4 Oakland City Councilmember Janani Ramachandran. Photo courtesy City of Oakland.
District 4 Oakland City Councilmember Janani Ramachandran. Photo courtesy City of Oakland.

By Janani Ramachandran, District 4 Oakland City Councilmember

On Wednesday, June 11, City Council took a bold step to prioritize investing in essential city services to get our beautiful Town back on track. As Chair of the Finance Committee, I am proud to have led a collaborative process, alongside Councilmembers Rowena Brown, Zac Unger, and Charlene Wang, to develop a set of amendments to the proposed FY 2025-2027 budget which passed successfully with a vote of 6 – 1. Despite facing a $265 million structural budget deficit, we were able to restore funding to ensure that all 25 fire stations remain open, fund 5 police academies, invest millions of dollars to combat illegal dumping and sideshow prevention, improve our permitting processes, fund a “business incentives” program to revitalize our commercial corridors, improve upon our homelessness prevention work, amplify the city’s anti-trafficking programs, re-instate our tree services division, staff up our Auditor’s office – all while preventing any layoffs of city staff, keeping our senior centers and after-school programs open, and crisis services like MACRO funded.

I am most proud of our ability to fund these critical city services without the use of one-time fixes. We are still suffering the consequences of last year’s budget, where a majority of the Council, myself not included, chose to incorporate anticipated proceeds from the sale of the Coliseum to fund essential services. Since the sale has still not yet been completed, the lack of funds led to drastic cuts in city services, including the temporary closure of fire stations, staff layoffs, and the cancellations of many service contracts. The budget that we passed this week proudly does not fund recurring expenses with anticipated one-time revenue – and moves our city towards being fiscally responsible with our taxpayers’ funds.

Our budget comes in response to the widespread and consistent calls from across Oakland’s diverse communities asking us to prioritize funding solutions to the issues that have most directly impacted our residents’ safety and quality of life. Our priorities are also inspired by our belief that Oakland is on the way not only to financial recovery, but also to global recognition. Oakland can attract and preserve businesses of all sizes with safer, cleaner streets. We can and will have more large-scale festivals that celebrate our culture, concerts that uplift our incredible local musicians, conferences that attract patrons from across the world, and award-winning restaurants that top national charts. We are on our way to rebuilding a thriving economy and having a cultural renaissance will create more jobs for Oaklanders while also generating more revenue for the City through sales and business taxes.

I am grateful for the close partnership with our new Mayor Barbara Lee, and know that she shares our values of ensuring we are prioritizing keeping Oakland’s residents safe, our streets clean, and our businesses prosperous in an open and fiscally responsible manner. I am also thankful to our City Administrator, Jestin Johnson, and former Interim Mayor Kevin Jenkins’ efforts to produce the initial proposal that our Council budget team used as a starting point for our amendments, and for their shared commitment to transparency and ethical government. I am especially grateful for every resident that took the time to make their voice heard throughout this rigorous budget process. I have no doubt that we are on the verge of true change, and that together we will bring Oakland back to being the world-class city I know it can be.

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