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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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Oakland Post: Week of June 18 – 24, 2025

The printed Weekly Edition of the Oakland Post: Week of June 18 – 24, 2025

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Juneteenth: Celebrating Our History, Honoring Our Shared Spaces

It’s been empowering to watch Juneteenth blossom into a widely celebrated holiday, filled with vibrant outdoor events like cookouts, festivals, parades, and more. It’s inspiring to see the community embrace our history—showing up in droves to celebrate freedom, a freedom delayed for some enslaved Americans more than two years after the Emancipation Proclamation was signed.

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Wayne Wilson, Public Affairs Campaign Manager, Caltrans
Wayne Wilson, Public Affairs Campaign Manager, Caltrans

By Wayne Wilson, Public Affairs Campaign Manager, Caltrans

Juneteenth marks an important moment in our shared history—a time to reflect on the legacy of our ancestors who, even in the face of injustice, chose freedom, unity, and community over fear, anger, and hopelessness. We honor their resilience and the paths they paved so future generations can continue to walk with pride.

It’s been empowering to watch Juneteenth blossom into a widely celebrated holiday, filled with vibrant outdoor events like cookouts, festivals, parades, and more. It’s inspiring to see the community embrace our history—showing up in droves to celebrate freedom, a freedom delayed for some enslaved Americans more than two years after the Emancipation Proclamation was signed.

As we head into the weekend full of festivities and summer celebrations, I want to offer a friendly reminder about who is not invited to the cookout: litter.

At Clean California, we believe the places where we gather—parks, parade routes, street corners, and church lots—should reflect the pride and beauty of the people who fill them. Our mission is to restore and beautify public spaces, transforming areas impacted by trash and neglect into spaces that reflect the strength and spirit of the communities who use them.

Too often, after the music fades and the grills cool, our public spaces are left littered with trash. Just as our ancestors took pride in their communities, we honor their legacy when we clean up after ourselves, teach our children to do the same, and care for our shared spaces.

Small acts can inspire big change. Since 2021, Clean California and its partners have collected and removed over 2.9 million cubic yards of litter. We did this by partnering with local nonprofits and community organizations to organize grassroots cleanup events and beautification projects across California.

Now, we invite all California communities to continue the incredible momentum and take the pledge toward building a cleaner community through our Clean California Community Designation Program. This recognizes cities and neighborhoods committed to long-term cleanliness and civic pride.

This Juneteenth, let’s not only celebrate our history—but also contribute to its legacy. By picking up after ourselves and by leaving no litter behind after celebrations, we have an opportunity to honor our past and shape a cleaner, safer, more vibrant future.

Visit CleanCA.com to learn more about Clean California.

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OPINION: California’s Legislature Has the Wrong Prescription for the Affordability Crisis — Gov. Newsom’s Plan Hits the Mark

Last month, Gov. Newsom included measures in his budget that would encourage greater transparency, accountability, and affordability across the prescription drug supply chain. His plan would deliver real relief to struggling Californians. It would also help expose the hidden markups and practices by big drug companies that push the prices of prescription drugs higher and higher. The legislature should follow the Governor’s lead and embrace sensible, fair regulations that will not raise the cost of medications.

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Rev. Dr. Lawrence E. VanHook. Courtesy of Rev. Dr. Lawrence E. VanHook.
Rev. Dr. Lawrence E. VanHook. Courtesy of Rev. Dr. Lawrence E. VanHook.

By Rev. Dr. Lawrence E. VanHook

As a pastor and East Bay resident, I see firsthand how my community struggles with the rising cost of everyday living. A fellow pastor in Oakland recently told me he cuts his pills in half to make them last longer because of the crushing costs of drugs.

Meanwhile, community members are contending with skyrocketing grocery prices and a lack of affordable healthcare options, while businesses are being forced to close their doors.

Our community is hurting. Things have to change.

The most pressing issue that demands our leaders’ attention is rising healthcare costs, and particularly the rising cost of medications. Annual prescription drug costs in California have spiked by nearly 50% since 2018, from $9.1 billion to $13.6 billion.

Last month, Gov. Newsom included measures in his budget that would encourage greater transparency, accountability, and affordability across the prescription drug supply chain. His plan would deliver real relief to struggling Californians. It would also help expose the hidden markups and practices by big drug companies that push the prices of prescription drugs higher and higher. The legislature should follow the Governor’s lead and embrace sensible, fair regulations that will not raise the cost of medications.

Some lawmakers, however, have advanced legislation that would drive up healthcare costs and set communities like mine back further.

I’m particularly concerned with Senate Bill (SB) 41, sponsored by Sen. Scott Wiener (D-San Francisco), a carbon copy of a 2024 bill that I strongly opposed and Gov. Newsom rightly vetoed. This bill would impose significant healthcare costs on patients, small businesses, and working families, while allowing big drug companies to increase their profits.

SB 41 would impose a new $10.05 pharmacy fee for every prescription filled in California. This new fee, which would apply to millions of Californians, is roughly five times higher than the current average of $2.

For example, a Bay Area family with five monthly prescriptions would be forced to shoulder about $500 more in annual health costs. If a small business covers 25 employees, each with four prescription fills per month (the national average), that would add nearly $10,000 per year in health care costs.

This bill would also restrict how health plan sponsors — like employers, unions, state plans, Medicare, and Medicaid — partner with pharmacy benefit managers (PBMs) to negotiate against big drug companies and deliver the lowest possible costs for employees and members. By mandating a flat fee for pharmacy benefit services, this misguided legislation would undercut your health plan’s ability to drive down costs while handing more profits to pharmaceutical manufacturers.

This bill would also endanger patients by eliminating safety requirements for pharmacies that dispense complex and costly specialty medications. Additionally, it would restrict home delivery for prescriptions, a convenient and affordable service that many families rely on.

Instead of repeating the same tired plan laid out in the big pharma-backed playbook, lawmakers should embrace Newsom’s transparency-first approach and prioritize our communities.

Let’s urge our state legislators to reject policies like SB 41 that would make a difficult situation even worse for communities like ours.

About the Author

Rev. Dr. VanHook is the founder and pastor of The Community Church in Oakland and the founder of The Charis House, a re-entry facility for men recovering from alcohol and drug abuse.

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