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Oakland to Determine Shelter Options for Evicted Homeless People in New Year

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During a meeting on December 15, Oakland’s City Council discussed defining what shelter options Oakland would be required to offer homeless people if the city clears their communities during the local emergency related to the COVID-19 pandemic.

They postponed making a final decision on the matter until the new year. Given dangers posed by the pandemic, the City Council will determining whether it sees it as safe for homeless people to live in homeless shelters.

The City Council unanimously approved the Encampment Management Policy (EMP) on October 20, which set clear parameters for where the City could choose to focus clearances. The resolution stated people living within 50 feet of a residence, business, park or sports court could face eviction. But the EMP did not overturn a resolution Council also unanimously passed on March 27 that requests that the City only execute evictions if “individual housing units or alternative shelter is provided.”

City Administrator Edward Reiskin has proposed using its Community Cabin Program (informally known as the Tuff Shed Program), Safe Parking Lots, trailers operated through Operation HomeBase, limited transitional and permanent housing units, and “congregate shelter with reduced capacity and physical distancing measures.” But in an agenda memorandum, City Council Pres. Rebecca Kaplan and District 2 Councilmember Nikki Fortunado-Bas requested the City “not consider congregate shelter as a form of alternative shelter.”

Kaplan and Bas’ proposed changes to Reiskin’s plan claim that “moving or relocating from an outdoor encampment to an indoor congregate shelter places people at a greater risk for COVID-19 transmission then they would be in by living in an outdoor encampment.” They pointed out COVID-19 outbreaks that have occurred in homeless shelters in San Francisco, Spokane, Wash., Salem, Ore., and Calgary in the Alberta, Canada.

“There’s a number of things we’re doing to try to make congregate shelter as safe as it can be,” said Lara Tannenbaum, of Oakland’s Human Services Dept. during the meeting in response to Kaplan and Bas’ proposal. Tannenbaum as well and Homelessness Administrator Daryel Dunston said the City’s homeless shelters have PPE, use symptom and temperature checks, reduce capacity and carry out COVID testing events.

But even under reduced capacity, the Kaplan and Bas’ memorandum claims that congregate shelter is not a safe option during the COVID-19 pandemic.

“People living in congregate settings comprise less than 1% of the U.S. population, but nearly 50% of coronavirus deaths,” Kaplan and Bas wrote in their proposal.

During the meeting, District 1 Councilmember Dan Kalb asked what specifically Kaplan and Bas’s proposal would change in Reiskin’s proposal. Kaplan responded by saying that it would strike the line that allowed “congregate shelter with reduced capacity.” Bas concurred and added she wanted to expand on language in Reiskin’s proposal that required “reasonable accommodation for mental and physical disabilities.”

On their website, the Center for Disease Control has used the terms “congregate shelter” and “shared shelter” interchangeably. But Kaplan and Bas’ proposed changes focus specifically on homeless shelters, and instead uses the terms “congregate shelter” and “homeless shelter” interchangeably. Their changes, as they currently stand, would effectively ban homeless shelters as an “alternative shelter” option but “shared shelter” would still be allowed.

They have not proposed striking out language that includes the City’s Community Cabins Program as an “alternative shelter” option. The Cabins are shared housing as they require residents to share 8-by-12 foot structures with a roommate.

Council ended their discussion of Bas and Kaplan’s proposed changes when Bas proposed a motion to continue the decision until the next City Council meeting, requesting time to clarify their changes and consider amendments and questions Kalb proposed. The continuance means that exiting Councilmembers Lynette Gibson-McElhaney and Larry Reid will not vote on the proposed changes while entering Councilmembers Carroll Fife and Treva Reid will.

Homeless Resident Pastor Preston’s Experience, and Proposed Alternative Solutions from the Community:

Preston Walker, a 63-year-old Oakland native and unhoused resident better known as “Pastor Preston,” has lived in a Days Inn hotel room through a state and county funded program called Project Roomkey. He qualified to obtain the room, which is neither congregate nor shared shelter, but a private unit, due to an immune disorder that makes him more susceptible to pneumonia and COVID-19.

“This hotel here is a blessing for me,” said Preston. “This is the first time eight years that I had my own personal space where I didn’t have to worry about theft. The sad thing is if it wasn’t for the virus this never would have happened.”

Preston, who has spent time in both the Community Cabins and homeless shelters in Oakland and throughout the Bay Area, expressed skepticism of sharing space with people during the pandemic. He stressed that it would be impossible for people to wear masks all the time in shelters due to people having to eat. He worried about the particularly close quarters people in the Community Cabins have to live under and their lack of control over who they live with. Preston ended his three-month stay in the Community Cabins in late 2019 due to a roommate who smoked crystal meth in their shared space, which made it difficult for Preston to breathe or sleep well.

Since the Federal Emergency Management Agency announced on December 18 that it will continue to fund Project Roomkey through the duration of the pandemic, Preston will continue to be secure in his hotel room. But at the time of this writing about 30% of the hotel rooms secured by the state of California sit vacant, and activists have called on state, county and city governments to fill them and secure more rooms through state-of-emergency powers. The housing and racial justice non-profit, Just Cities, has repeatedly called on Oakland to make use of its 50-plus acres of vacant public land to shelter its homeless people.

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Activism

Oakland Post: Week of June 12-18, 2024

The printed Weekly Edition of the Oakland Post: Week of June 12-18, 2024

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Bay Area

Sen. Wiener, Mayor Breed Announce Bill to Shut Down Fencing of Stolen Goods

On June 3, San Francisco Mayor London N. Breed joined State Sen. Scott Wiener (D-San Francisco) to announce a bill aiming to combat fencing, the sale of stolen goods. Authored by Wiener and sponsored by Breed, Senate Bill (SB) 925 would allow San Francisco to create permitting requirements to regulate the sale of items commonly obtained through retail theft and impose criminal penalties for those who engage in this practice.

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By Oakland Post Staff

On June 3, San Francisco Mayor London N. Breed joined State Sen. Scott Wiener (D-San Francisco) to announce a bill aiming to combat fencing, the sale of stolen goods.

Authored by Wiener and sponsored by Breed, Senate Bill (SB) 925 would allow San Francisco to create permitting requirements to regulate the sale of items commonly obtained through retail theft and impose criminal penalties for those who engage in this practice.

“The sale of stolen items in San Francisco has created unsafe street conditions and health and safety hazards that have negatively impacted residents, businesses, City workers, and legitimate street vendors,” states a statement released by the mayor’s office.

San Francisco Police Department (SFPD) Chief Bill Scott praised the effort.

“I want to thank Mayor Breed and Senator Wiener for identifying new ways to combat the illegal fencing of stolen goods. This will help our hard-working officers continue to make progress in cracking down on retail theft,” said Scott.

Under the legislation, San Francisco can require vendors to obtain a permit to be able to sell items deemed as frequently stolen by asking for documentation that the merchandise was obtained legitimately, such as showing proof of purchase.

The legislation also establishes that those in violation would receive an infraction for the first two offenses and an infraction or a misdemeanor and up to six months in county jail for the third offense.

Under this bill, people can still:

  • Sell goods with a permit
  • Sell prepared food with a permit
  • Sell goods on the list of frequently stolen items with a permit and proof of purchase.

“In San Francisco we are working hard to make our streets safer and more welcoming for all. SB 925 would greatly help us get a handle on the sale of stolen goods, all while taking a narrow approach that specifically targets bad actors,” said Breed.

Wiener says the cultural richness of San Francisco and the livelihoods of legitimate street vendors are threatened when bad actors are allowed to openly sell stolen goods on the city’s streets.

“With this bill we’re taking a balanced approach that respects the critical role street vending plays in our community while holding fencing operations accountable for the disruption they cause. It’s critical that everyone feel safe on our streets, including street vendors and neighborhood residents,” said Wiener.

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City Government

SUSD’s Dept. of Public Safety Achieves Compliance with State DOJ’s Five-Year Stipulated Judgment

California Attorney General Rob Bonta announced that the California Department of Justice (DOJ) has ended monitoring of the Stockton Unified School District (District) and its Department of Public Safety (Department), concluding the five-year term of the stipulated judgment that addressed system-wide violations of the civil and constitutional rights of Black and Latino students and students with disabilities.

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California Attorney General Rob Bonta. Official photo, SUSD Police Chief Mayra Franco. Official photo, Pastor Trena Turner of Stockton’s Victory In Praise Church. Victory in Praise Church photo.
California Attorney General Rob Bonta. Official photo, SUSD Police Chief Mayra Franco. Official photo, Pastor Trena Turner of Stockton’s Victory In Praise Church. Victory in Praise Church photo.

Special to the Post

California Attorney General Rob Bonta announced that the California Department of Justice (DOJ) has ended monitoring of the Stockton Unified School District (District) and its Department of Public Safety (Department), concluding the five-year term of the stipulated judgment that addressed system-wide violations of the civil and constitutional rights of Black and Latino students and students with disabilities.

The District has also committed to implementing a plan to further reduce disproportionalities in law enforcement referrals through school year 2026-2027, which will institutionalize the revised policies and practices and continue the progress made under the judgment.

“Over the past five years, the California Department of Justice and the Stockton Unified School District worked together to successfully implement the corrective actions set out in the stipulated judgment to protect the rights of students in schools,” Bonta said on April 11. 

“Today we can celebrate that the agreement has helped the District take important steps to address concerns regarding interactions between police officers and students and to promote an equitable and positive learning environment.

“This achievement is a testament to the hard work and dedication of our educators, staff, students, and Department of Public Safety, said SUSD Supt. Dr. Michelle Rodriguez. “We reaffirm our commitment to continue the important changes and policies and remain steadfast in our mission to improve services and support for all students, ensuring that each child has the opportunity to succeed academically, socially, and emotionally.”

“The Department is proud of the work that was completed surrounding the DOJ Agreement which has not only made us a better Department but has placed us at the forefront of progressive policing,” said SUSD Police Chief Mayra Franco.

“The consent decree was phase one. Now we must build on this momentum to cement the progress that has been made, and fix policdes and practices that continue to hurt SUSD students and families,” said Jasmine Dellafosse, Director of Organizing and Community Engagement at End Poverty in CA.

“The requisite collaboration that took place with community members and the Stockton Unified School District was an admirable beginning,” said Pastor Trena Turner, Victory In Praise Church. “Continued efforts of transparency and inclusion that outlasts the monitoring period, will be of paramount importance to further strengthen the district and ultimately improve the lived experience of our students.”

In 2019, a DOJ investigation concluded that the District’s policies and practices with respect to law enforcement referrals discriminated against Black and Latino students and students with disabilities. The investigation also found unconstitutional search and seizure practices.

DOJ and the District entered into a stipulated judgment that required significant reforms and a five-year monitoring period. As part of the stipulated judgment, which concluded on Feb. 19, the District:

  • Established clear policies and procedures limiting when school administrators refer students to law enforcement.
  • Created a formal diversion program in lieu of citations and arrests to address minor school-based offenses.
  • Revised policies and procedures relating to treatment of students with disabilities in order to prevent discrimination, including the hiring of a trained Disability Coordinator.
  • Created clear processes for school site administrators to refer students with mental health needs to support services rather than a referral to law enforcement.
  • Instituted mandatory annual training of all officers and staff regarding civil and constitutional rights, disability and special education laws, and elimination of bias.
  • Reformed use of force policies, procedures, and practices, including implementing a comprehensive review process.
  • Updated search and seizure policies.
  • Used data to track and analyze all arrests and referrals to law enforcement from schools; and
  • Established the Community Advisory Group, which collaborated with the District to provide input and review updated policies.

Overall, the judgment led to markedly improved outcomes for students. Total arrests of students dropped significantly; in school year 2018-2019, there were 155 arrests, compared to nine arrests during school year 2022-2023. Calls for service to the Department decreased by 54% and unwarranted calls for service decreased by 52%.

Under the disproportionality plan, the Community Advisory Group and Transformative Justice subcommittee, consisting of community organizations and other stakeholders, will continue to meet regularly to improve and reduce disparities in law enforcement referrals and receive and analyze disaggregated and anonymized District data on use of force, law enforcement contacts, citations, arrests, and calls for assistance.

The media office of California State Attorney General Rob Bonta is the source of this report.

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