Oakland City Council Tonight-Housing, Sanctuary, Police Commission and so much more

 

TPS-for-haitians-call-alt

Sorry this is so late and since it will be quick and dirty, please excuse typos. If you  are concerned about almost any issue, it’s on the Oakland City Council Agenda for discussion tonight. Well, maybe not net neutrality and the fate of former FBI Director Andrew McCabe’s pension.

So here we go-

A number of issues will be resolved and some will be discussed, resolution still to come. If you don’t want to stay for a couple hours and listen to the discussions on other proposals, sign up now for open forum (or submit and ecomment) and try and race through your points in the 1 minute allotted or sign up for all the items and ask for another minute, sometimes this works. However, you must be there for the 5:30 opening in order to speak at the Open Forum part of the meeting.51y2efayiLL

Famous local woman, Betty Reid Soskin, the oldest park ranger at the Rosie the Riveter exhibit at the National Historical Park in Richmond, and author of Sign My Name to Freedom and so much more will be honored. That alone is worth the price of admission- if there were one.

Open Forum OnlySign up to speak–Tenants rights folks will be  announcing the launch of their petition campaign to “Close the Loopholes” in Oakland’s rent laws for an ordinance on the November ballot to permanently remove “Substantial Rehabilitation” from the Rent Law (SR was removed from Just Cause but not the rent law by Meas JJ in 2016), and to remove the current exemption for “Owner-Occupied 2 & 3 Unit Buildings” from both Just Cause and the rent law.

Substantial rehabilitation means that landlords who have long term tenants, have found that they can evict folks in order to update their flats with fancy new kitchens and baths and then charge whatever the market will bear. Remodeling may sound good but it has become an effective tool of displacement where the existing units were habitable but not updated.

Item 7.9-Tenant Move Out Agreement Ordinance– Long discussions with all concerned groups seem to have resulted in an ordinance that requires certain payments to certain tenants when tenants are legally evicted for no cause, as we stated earlier, there are lots of reasons that can still happen. This is expected to pass under consent but worth watching.

Item 7.10_Support of  Temporary Protected StatusSign up to speak–This is only a resolution but it’s symbolism is very important in a sanctuary city. TPS was granted to groups of immigrants due to dangerous situations in their home countries including acts of nature but also civil wars and in many of these countries, the political and domestic situation remains almost as perilous as the original event that led to their seeking refuge. And many of them have settled and raised families here by now.  https://immigrationforum.org/blog/fact-sheet-temporary-protected-status/

In Oakland many Salvadorans, Haitians and Yemenis would face an uncertain future if the federal government were allowed to follow through with their edict to begin removing protections. This should be a slam dunk for our council but it’s important that we show up and speak in favor so that the issue stays at the forefront of voters’ minds and they understand the terrifying ramifications of this type of change.

S7.27 and S7.28-Cannabis Record ExpungementWatch and learn–one is in support of Assembly Member Rob Bonta’s bill AB 1793 which is a follow-up measure to Prop 64, to legalize pot use and to ask the DA to remove or dismiss such sentences (she has to be asked?) don’t foresee any trouble passing these but thought you oughta know. And S7.3 supports the change to the commercial loophole in Prop 13 which also exempts small businesses and will provide much needed funding to our schools and other local community needs-

https://www.evolve-ca.org/press-release/

http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-california-lawmaker-proposes-easier-1515529046-htmlstory.html

S7.31-Support of a State Bank for cannabis businesses-Speak or watch— There are lots of reasons to set up a state bank, a bank that would hold California’s best interests at heart by funding affordable housing, non predatory home loans, small local businesses, and generally use our tremendous financial resources to invest in our state rather than wealthy shareholders and bonuses for ridiculously rich CEOs. But this bill looks to focus on making it safe to run a cannabis industry which is a necessary function since federally chartered banks are prohibited from doing that.  http://sd18.senate.ca.gov/news/1252018-hertzberg-introduces-legislation-establish-framework-cannabis-banking

Item 11 is a biggie-The Enabiling Ordinance for the Oakland Police CommissionSign up and speak--This new commission was supported by 83% of the voters. They long for an independent body which can make policy and impose discipline when necessary on the officers of our very troubled police department. Despite this, the city administration has made it as difficult a process as possible for the commission to get up and running-the charter change was passed over a year ago but this ordinance is still aborning, sigh.  yesonll_gray

And, the city has allowed the police union, OPOA, to take months to try and negotiate away, under an overly broad understanding of what “meet and confer” means, to weaken the new law which amended the city charter’s oversight of the department. This is a longer discussion for another time. The point of passing this measure was to remove the question of oversight as much as possible from city politics and give it to the citizens affected by this department’s failure to resolve issues in the NSA, etc.

Unfortunately, the new ordinance under which the commission would be guided to operate “misunderstands” the core of the measure and tries to return  some of the rights and responsibilities of the Commission and the agency, which conducts the investigations, to city administrators.

For instance, the original ordinance-not the measure but the ordinance which outlines additional details on how it is implemented, so call it the “implementation ordinance”-changes some terms such as “directs the chief to notify” or “provide” the commission and the agency with up-to-date information to “requests” that the information be provided. If you’re a parent, you will probably notice the huge difference between the power of those words. I have also heard that city officials are being advised that the ordinance has to comply with the city charter. Of course it does, but remember that this measure changed the city charter in this area.

Item 13-Moratorium Extension On Substantial Rehabilitation Exemption– Back to the previous argument against the exemption for substantial rehabilitation as a tool for gentrification and displacement. The city has been studying the issue and we want to support the continued study for another 180 days in hopes of some actual legislation. During this period, this exemption to tenant protections on certain units is suspended and those affected renters are safe while the city considers what needs to be done.

That’s all folks, something for everyone—please sign up to speak or register an e-comment on any of the above based on your interest, comprehension and tolerance for BS in our progressive city by the Oakland Estuary.

https://solar.oaklandnet.com/Speaker/form

25299212_10156057540054225_1507494015660653707_n

Join the Friday Vigil at the Federal Building-We Refuse to Tolerate Ethnic Cleansing

20180115_173501

Press Advisory

Federal Building Vigil this Friday–We Refuse to Tolerate Ethnic Cleansing

Oakland, CA: On Friday, January 19th at noon the California Sanctuary Campaign, the Alameda County Immigration Legal & Education Partnership, Mujeres Activas Y Unidas, the Interfaith Movement for Human Integrity, CAIR-SF Bay Area, Haiti Action Committee, the Qal’bu Maryam Women’s Mosque, Haiti Emergency Relief Fund, the Oakland Justice Coalition, Latino Task Force, Wellstone Democratic Renewal Club, the East Bay Young Dems, and the Coalition for Police Accountability will come together in front of the Oakland Federal Building to stand vigil against current White House policies which directly threaten the lives of people of color in this country and abroad.

According to Rev J Alfred Smith Jr of Allen Temple Baptist Church, “the president’s stated policies and actions will promote the ethnic cleansing of whole swaths of Black and Brown people whether native born, immigrant or refugee, seeking opportunity and the ability to raise their families in dignity. The president repeatedly makes racist and misogynistic statements which result in directives from his DOJ and the Congress while families are separated by federal authorities, children are left without healthcare, jails fill with our youth, and refugees are refused asylum.  We must take a moral stand against the president and his party before these destructive attitudes and actions do any more damage.”

The vigil is being held the day prior to the historic Women’s March which will take place in cities and towns across the country to assert that women’s rights are human rights. The vigil calls attention to the special jeopardy that women of color face as a result of current policies which threaten not only their economic well-being but their safety in the streets, at their workplaces, and in their homes.

We call on other cities to protest outside local federal buildings at noon on Friday, January 19th. If we cannot look to our president or the Congress to uphold the moral authority of our country’s stated values, then we must do it ourselves.

Contact: Pamela Drake, pamelaadrake@gmail.com, 510-593-3721

TPS-for-haitians-call-alt

The Upside Down, Welcome to Oakland

Nancy_enters_the_Upside_Down

If you haven’t heard of the series, Stranger Things, you’re missing out but you can attend Oakland City Council meetings, no subscription required, and find yourself in another dimension – The Upside Down- in which one thing may mean its opposite but not always…..there often is no logical explanation for how our city plays fast and loose with their stated goals and even their lawful resolutions. But don’t worry, unlike the evil critters in Stranger Things, they don’t mean anything by it.

Item 7.13 Oak Knoll final Vote

On the agenda tonight are some interesting discussions/votes. The City Council will finally dispense with the Oak Knoll property, a large parcel of formerly publicly owned land that the city managed to lose long ago. They had one final chance to make it work for more than the 2% of Oaklanders (that’s a generous estimate) who got their way. But no, with a vote of 5 to 3-Kalb, Guillen, and Gallo voting no- they are sending it to the cheerful world of wealthy Nimbiism. Never forget-not one unit of affordable housing will be built in this project.

Item 17–Stop ICE Complicity

Please sign up to speak or just listen to the mind boggling excuses our Chief of Police, Anne Kirkpatrick, has given that allowed OPD to assist ICE and Homeland Security Investigations while they arrested a Guatemalan refugee last August. He awaits deportation hearings now as a result of this activity.

Here’s an op-ed Seven Days” Robert Gammon in the East Bay Express:

https://www.eastbayexpress.com/oakland/why-oakland-should-cut-off-ice/Content?oid=11028169

In the agenda packet for tonight, you can view this report from the city administrator which contains a copy of one of the council’s resolutions against assisting ICE in civil investigations or apprehensions. Civil in this case means, immigration laws rather than criminal, which means the person or persons may be engaged in criminal activities that have nothing to do with immigration violations-got it?

“Further Resolved: That, in accordance with state and federal laws, City employees
including members of the Oakland Police Department shall not enforce federal civil
immigration laws and shall not use city monies, resources, or personnel to investigate, question, detect or apprehend persons whose only violation is or may be a civil violation of immigration law; and be it
Further Resolved: That, in accordance with state and federal laws, the Oakland Police
Department will continue to cooperate with federal immigration agencies in matters involving criminal activity and the protection of public safety:”   

Also from the city administrator’s report:
OPD has fully complied with all City of Oakland resolutions concerning the status of Oakland as a sanctuary city in immigration actions. Two of the three relevant resolutions prohibit city departments and employees from assisting or cooperating with ICE (formerly INS, Immigration and Naturalization Service) in relation to civil provisions of immigration law. The two more recent relevant resolutions both specifically state that OPD “will continue to cooperate with federal immigration agencies in matters involving criminal activity and the protection of public safety.”

Since the city can aid in the investigation of criminal activity, did ICE and/or HSI lie to the police chief  and if so, why would she not admit she had made a mistake in believing them or had not read the charge or did she go ahead anyway because…well.. the language of sanctuary is riddled with loopholes and she used one. However, the majority of Oaklanders have been pretty clear that they don’t want to be complicit in criminalizing refugees or terrorizing our hard working immigrant communities.

This is What OPD is offering as a Fix:

In order to provide greater transparency in operations with ICE, OPD will modify its
immigration policy to include the following language:
As a follow up to all cooperation OPD provides to ICE in criminal investigations,
the Department will publish an after-action report on its website within 15 days of
the operation. The public report will include:
• The date, time, and unit-block location of the operation
• The number and cost of OPD personnel involved”

It’s pretty easy to pass ordinances that say we won’t hire firms who help build the border wall but, it turns out to be much harder to really provide sanctuary to our otherwise law-abiding immigrant community. That doesn’t mean that socially conscious Oaklanders won’t continue to push the envelope and demand accountability on this and other forms of tangible resistance to our rogue government in Washingtion DC.

Come out tonight and again on December 5th to the Public Safety Committee Meeting if you want to continue closing those loopholes or, as they say in Stranger Things, closing the gate to the Upside Downimages (9)

Notice: New Information–Join our Complaint–No Complicity with ICE in this Sanctuary City

images (6)

Breaking: Although the complaint has been removed from next Tuesday’s agenda  by Council Members Annie Campbell Washington and Abel Guillen with no new date, we plan on packing the chambers and speaking during Open Forum. Be sure to sign up for Open Forum and/or item 2, Determination of Scheduling Outstanding items, on the link in the article.

From the Supplemental Meeting Agenda: “The Item Regarding “HSI/ICE Raid In West Oakland On August 16, 2017” Was Moved To The Pending List No Date Specific By The November 9, 2017 Rules And Legislation
Committee.

The situation is untenable for paperless immigrants who live in fear of being ripped from their lives and creates more distrust among Oaklanders when the department issues conflicting or false reports. This cannot and should not have to wait for a lengthy investigation, and until the Police Commission is seated this December, the department will continue to investigate itself.

Let us know if you still wish to join the complaint–the more the merrier politically speaking. You can email pamelaadrake@gmail.com. See you on Tuesday.

images (7)

On an August morning I awoke to find that Oakland twitter was freaking out over what many supposed was an ICE raid in West Oakland. It turns out they were right. The DHS, Department of Homeland Security and ICE, Immigration and Customs Enforcement, was in the process of hauling several members of a Guatemalan family out of their homes with the assistance of the Oakland Police Department. One was detained and another was returned to the home, purportedly a male teenager who was in no danger of being trafficked by anyone in that home.

I am a member of a group called the California Sanctuary Campaign. We’ve pushed the city to enact ordinances to prevent the local administration including our police department from becoming complicit in the harassment and removal of  hardworking but paperless residents from the city they call home. The Oakland Privacy Advisory Commission led by attorney Brian Hofer has taken the lead in proposing legislation to protect residents from the predatory folks in DC.

But this particular morning OPD soon sent out a press advisory that they were assisting ICE in detaining suspects in a sex trafficking operation involving youth. So I suspended judgement because I never want to find myself on the wrong side of protecting children, mostly young women, from the horrors of that trade. I trusted the OPD’s Media Relations folks not to lie on something this important, even given that they have done this many times before. See the Celeste Guap case, etc. http://reason.com/blog/2017/07/13/oakland-police-corruption-comes-out

Here is what has been documented so far on  the issue of youth sex trafficking — “But there is no evidence that the raid was conducted pursuant to any sex trafficking allegations. OPD later deleted the notification and issued a different one stating it was a “human trafficking” investigation instead.

However, there is no evidence of human trafficking in the case. At last week’s hearing, Hofer said, “The chief repeatedly supplied false information.”  Here’s more about the hearing the Privacy Advisory Commission held into the case and their findings so far– https://www.eastbayexpress.com/SevenDays/archives/2017/10/12/oakland-city-council-to-hold-hearing-on-controversial-ice-raid-and-oakland-police-misinformation

The one person who was arrested by HSI or ICE is now awaiting deportation proceedings. So here we have a situation in which the people of Oakland’s reps voted to withdraw our city from assisting ICE in enforcing civil immigration laws but they continue to do so. Did ICE lie to OPD to get their assistance when it was not a criminal pursuit? That’s entirely possible but we don’t know as Chief Kirkpatrick insists that OPD had to assist, using whatever reasoning is available, depending on the day the department is asked.

images (8)

Photo by Darwin BondGraham

To make matters worse, the City Council passed two ordinances that deal with how we react when the Feds say jump–one that eliminates MOUs in which OPD can join federal task forces and operate within them with impunity-and another that requires public hearings when new agreements are even being considered. OPD’s actions seem to have violated both these progressive policies.

I know that when Chief Kirkpatrick came to town, most folks were open to giving her a chance to pull together our demoralized and disgraced police force. We wanted and needed that to happen. I was a member of at least two groups that met with and are still meeting with her but I think I’ve seen and heard enough.

As Privacy Chair Brian Hofer said, “The Oakland Police Department will never change if those at the top are not held accountable for their actions. When she was hired, Chief Kirkpatrick raised the issue of accountability, yet since her hiring she has promoted officers suspected of covering up the Jasmin [Celeste Guap] scandal https://www.eastbayexpress.com/oakland/oakland-police-chief-doubles-down-on-promoting-the-cops-who-covered-up-the-celeste-guap-case/Content?oid=7922863, issued a ‘fake discipline’ report about the cover up, and attempted to derail two federal task force proposals earlier this summer.

Hofer continues, “It’s this last issue that is motivating me to hold her accountable – by attempting to maintain the ICE MOU, and attempting to derail a federal task-force transparency ordinance, the Chief has twice chosen the feds over the people of Oakland. We do not share the same values, and in the era of Trump and Sessions, this is dangerous for the people of Oakland.”

As a result of these actions, Chair Hofer has filed a complaint against OPD that is now being investigated by Internal Affairs, not the new police commission since it has not been seated yet, that accuses the chief of making numerous false statements to the public about the need to assist ICE in a civil detainment plus of asserting that the new city policy had not gone into effect at that time. I have joined that complaint along with Pastor J Alfred Smith Jr, Margaret Cunningham, Judith Stacey, Sharon Rose and Linda Olvera, all of the California Sanctuary Campaign and Tracy Rosenberg of Media Alliance.

We would be happy to have you or your organization join us in signing the complaint. John Jones III of CURYJ has already joined us and we are expecting others, many others. Notify me by responding to this blog and then please attend the Oakland City Council Public Safety Committee Meeting, November 14th, 6 pm, agenda Item no. 4 fill out a speaker card online.

If we want sanctuary to mean something, if we want an accountable police department–and humane policies for all our residents–we have to back up our stated goals with actions. Join us.