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Bonds for the 385 Drake Development Halted

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 5-story, 74-unit housing development at 825 Drake Avenue in Marin City, a historically Black community that already holds a disproportionate number 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 a Sept. 9 demonstration to stop the building project there at 825 Drake Avenue (Facebook photo by Scott Clark).
Pastor Rondall Leggett, of First Missionary Baptist Church, speaking at a Sept. 9 demonstration to stop the building project there at 825 Drake Avenue (Facebook photo by Scott Clark).

By Godfrey Lee

Below is a summary of the recent Save Our City press release.

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 5-story, 74-unit housing development at 825 Drake Avenue in Marin City, a historically Black community that already holds a disproportionate number of public and affordable housing in the wealthy enclave of Marin County.

Because the 825 Drake 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 within 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 (Board) for the construction of a 5-story, 74-unit housing development at 825 Drake Avenue 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 project in Marin City violates all of these principles:

The 825 Drake Development will not be affordable for Marin City residents. Because Marin County has one of the nation’s highest Average Median Income (AMIs), the “affordable” 825 Drake housing development will not be affordable to the vast majority 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 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, the residents raised their concerns about inequity and the project’s impacts on the community. Upon five days posted notice for the hearing, community members scrambled to provide substantive feedback during the limited minutes of public comment. However, their comments fell upon deaf ears.

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

IN MEMORIAM: Nate Holden, State Senator and Longtime Los Angeles Councilmember, Dies at 95

Los Angeles County Supervisor Janice Hahn described Holden as “a lion” in the State Senate and a force to be reckoned with on the Los Angeles City Council.” Hahn added that she learned a lot working with Holden when she was a new councilmember.

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Former Los Angeles Councilmember and California State Sen. Nate Holden. File photo.
Former Los Angeles Councilmember and California State Sen. Nate Holden. File photo.

By Bo Tefu, California Black Media

Former Los Angeles City Councilmember Nathaniel “Nate” Holden, a prominent figure in the city’s politics, passed away at the age of 95, his family confirmed on May 7.

Holden, who represented South Los Angeles for 16 years on the City Council and served one term in the California State Senate, was widely regarded as a forceful advocate for his community.

Los Angeles County Supervisor Janice Hahn described Holden as “a lion” in the State Senate and a force to be reckoned with on the Los Angeles City Council.”

Hahn added that she learned a lot working with Holden when she was a new councilmember.

Holden’s journey to political prominence began in the segregated South, where he was born in Macon, Georgia, in 1929. He often recalled the childhood moment when he first heard the governor of Georgia vowing to continue suppressing Black people.

“Doing the best you can for the people. Law and order. Make sure that people’s communities are safe. I did it all,” said Holden, reflecting on his legacy.

Holden is survived by his sons, including former California Assemblymember Chris Holden, who represented a district in Southern California that includes Pasadena and Altadena in Los Angeles County and cities in San Bernardino County.

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Activism

Oakland Hosts Town Hall Addressing Lead Hazards in City Housing

According to the city, there are 22,000 households in need of services for lead issues, most in predominantly low-income or Black and Latino neighborhoods, but only 550 to 600 homes are addressed every year. The city is hoping to use part of the multimillion-dollar settlement to increase the number of households served each year.

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iStock.
iStock.

By Magaly Muñoz

The City of Oakland’s Housing and Community Development Department hosted a town hall in the Fruitvale to discuss the efforts being undertaken to remove lead primarily found in housing in East and West Oakland.

In 2021, the city was awarded $14 million out of a $24 million legal settlement from a lawsuit against paint distributors for selling lead-based paint that has affected hundreds of families in Oakland and Alameda County. The funding is intended to be used for lead poisoning reduction and prevention services in paint only, not water or other sources as has been found recently in schools across the city.

The settlement can be used for developing or enhancing programs that abate lead-based paint, providing services to individuals, particularly exposed children, educating the public about hazards caused by lead paint, and covering attorney’s fees incurred in pursuing litigation.

According to the city, there are 22,000 households in need of services for lead issues, most in predominantly low-income or Black and Latino neighborhoods, but only 550 to 600 homes are addressed every year. The city is hoping to use part of the multimillion-dollar settlement to increase the number of households served each year.

Most of the homes affected were built prior to 1978, and 12,000 of these homes are considered to be at high risk for lead poisoning.

City councilmember Noel Gallo, who represents a few of the lead-affected Census tracts, said the majority of the poisoned kids and families are coming directly from neighborhoods like the Fruitvale.

“When you look at the [kids being admitted] at the children’s hospital, they’re coming from this community,” Gallo said at the town hall.

In order to eventually rid the highest impacted homes of lead poisoning, the city intends to create programs and activities such as lead-based paint inspections and assessments, full abatement designed to permanently eliminate lead-based paint, or partial abatement for repairs, painting, and specialized cleaning meant for temporary reduction of hazards.

In feedback for what the city could implement in their programming, residents in attendance of the event said they want more accessibility to resources, like blood testing, and information from officials about lead poisoning symptoms, hotlines for assistance, and updates on the reduction of lead in their communities.

Attendees also asked how they’d know where they are on the prioritization list and what would be done to address lead in the water found at several school sites in Oakland last year.

City staff said there will be a follow-up event to gather more community input for programming in August, with finalizations happening in the fall and a pilot launch in early 2026.

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Alameda County

Oakland Begins Month-Long Closure on Largest Homeless Encampment

At 8 a.m. sharp, city workers began piling up trash and dismantling makeshift homes along the nearly five-block encampment. City crews blocked off streets from 14th Ave to 17th Ave, between E. 12th and International Blvd, due to the Safe Work Zone Ordinance that was passed by the city council in 2022 to protect workers from harassment during cleanings, according to a city spokesperson.

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The City of Oakland began sweeping their largest homeless encampment on E 12th St. Monday morning. Advocates claim that the city has not done its due diligence with providing ample resources or outreach for residents at the encampment. Photo by Magaly Muñoz.
The City of Oakland began sweeping their largest homeless encampment on E 12th St. Monday morning. Advocates claim that the city has not done its due diligence with providing ample resources or outreach for residents at the encampment. Photo by Magaly Muñoz.

By Magaly Muñoz

The City of Oakland began a three-week-long breakdown of the largest homeless encampment in the city on E. 12th Street on Monday morning. Residents and advocates said they are devastated about the displacement of dozens of people.

At 8 a.m. sharp, city workers began piling up trash and dismantling makeshift homes along the nearly five-block encampment. City crews blocked off streets from 14th Ave to 17th Ave, between E. 12th and International Blvd, due to the Safe Work Zone Ordinance that was passed by the city council in 2022 to protect workers from harassment during cleanings, according to a city spokesperson.

Jaz Colibri, one of the many advocates at the closure, said the encampment sweeps were “intense and terrifying” to witness. They claimed that several residents, many of them non-English speakers, had not been aware that the sweep was happening that day because of a lack of proper communication and outreach from Oakland.

Colibri added that the city had done a Census “many months ago” and “had not bothered to count people since then”, meaning dozens of individuals have missed out on housing and resources in the last few weeks because the city doesn’t offer outreach in multiple languages.

“Basically, [Oakland] dropped the ball on actually getting to know everybody who lives here and then creating a housing solution that meets everyone’s needs,” Colibri said.

City spokesperson Jean Walsh told the Post that notices of the closure operation were posted in Spanish and Chinese prior to Monday, but did not clarify if outreach was done in those languages as well.

Nearly a dozen Oakland police vehicles, California Highway Patrol officers, and Oakland Public Works staff were gathered along E 12th waiting for residents to pack up their belongings and move away from the area.

Advocates said residents “felt unsafe” due to the hefty law enforcement presence.

One city worker, who was picking up debris near 16th Ave, said, “They’ve known we were coming for a long time now” in reference to resident confusion about the sweeping.

The state doubled down on its requirement to get cities and counties to deal with their homelessness crisis at a press conference Monday afternoon. Gov. Gavin Newsom’s office released a “model ordinance” that is intended to provide a starting point that local municipalities can use to build from and adjust in creating their own policies on encampments, if they haven’t done so yet.

Newsom said “No more excuses, time to deliver” after the state has poured hundreds of millions of dollars into solving the issue.

Oakland was awarded a $7.2 million grant from the state in 2024 to close long-standing encampments in the city, including camps at Martin Luther King, Jr. and 23rd Street, and Mosswood Park.

Residents at these encampments were offered wraparound supportive services, temporary shelter, and eventually will be transitioned to permanent supportive housing, according to a city statement from last year.

Residents who accepted housing at these three encampments were moved into newly acquired property, formerly the Extended Stay America Hotel in West Oakland, which will first serve as interim housing for up to 150 individuals and couples in 105 units, and in the coming year, will be converted into 125 units of permanent housing.

Walsh said as of May 2, “32 residents of the recently closed Mosswood Park encampment moved into the Mandela House program” and as of May 12, “41 residents of the East 12th Street encampment have already accepted offers to move to the Mandela House.” The city will provide final numbers of how many accepted and moved into housing after the closure operation is over.

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